tive Council and Assembly of the Province of Upper Canada, constituted ed and assembled by virtue of and under the authority of an Act passed in the Parliament of Great Britain, entitled, "An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's Reign, entitled, An Act for making more effectual provision for the Government of the Province of Quebec in North America, and to make further provision for the Government of the said Province," and by the authority of the same, That the twenty-fifth clause of an Act passed in the forty-eighth year of His Majesty's Reign, entitled, "An Act to explain, amend, and reduce to one Act of Parliament, the several Laws now in being, for the raising and training the Militia of this Province," shall be, and the same is hereby repealed. 25th clause of 48th Geo 3. c 1, repealed. General Court Martial may be granted at the prayer of the party, litia shall be called out on actual service. tho' no part of the Mi How such court shall proceed. III. And be it further enacted by the authority aforesaid, That from and after the passing of this Act, in all cases where a General Court Martial shall be prayed for, by any Officer against whom any charges have been, or may be preferred, when any part of the Militia of this Province shall not be called out on actual Service, the Governor, Lieutenant Governor, or Person administering the Government, may direct a General Court Martial to be held, to be assembled in the same manner, and under the same provisions, and to proceed in the same manner as provided by Law in time of actual Service. Provided always, nevertheless, That if any such Officer shall be found guilty by any General Court Martial, duly assembled, when any part of the Militia of the said Province shall not be called on actual Service, such Court Martial shall and may inflict on him such penalty, proportioned to the offence, as the said Court shall judge proper, they may indict. either by censure or suspension, or depriving him of his Commission, and degrading him from his rank, and no other. III. And be it further enacted by the authority aforesaid, That nothing in this Act contained shall extend or be construed to extend to repeal or vary any of the provisions of the said recited Act, excepting so far as the same is expressly repealed in this Act, but that the said Act, and every clause, matter, and thing therein contained, except the said 'twenty-fifth clause, shall be, and the same is hereby declared to be in full force and effect. What punishment 48th Geo 3. c 1, to remain in full force. An Act to grant to His Majesty a sum of MONEY to enable him to pay the SALARY of the MOST GRACIOUS SOVEREIGN, [Passed 12th July, 1819.] HEREAS, it is expedient to provide a fund to enable your Ma W jesty to pay the salary of the Inspector General of public Provin cial Accounts of this Province, We your Majesty's dutiful and loyal subjects Preamble, £365 Sterling to be applied annually to pay spector General. the salary of the In Payable after 1st January, 1820. How to be accounted for. subjects the Commons of Upper Canada, in Provincial Parliament as sembled, beseech your Majesty, that it may be enacted, and Be it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Assembly of the Province of Upper Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of Great Britain, entitled "An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's Reign, entitled An Act for making more effectual provision for the Government of the Province of Quebec in North America, and to make further provision for the Government of the said Province." and by the authority of the same, That from and out of the rates and duties rais ed, levied, and collected, or hereafter to be raised, levied, and collected, to and for the uses of this Province, and in the hands of the Receiver General, unappropriated, there be granted to His Majesty, His Heirs and Successors, the sum of three hundred and sixty-five pounds, sterling, annually, which sum of three hundred and sixty-five pounds, sterling, shall be appropriated, applied, and disposed of, in payment of the salary of the said Inspector General. II. And be it further enacted by the authority aforesaid, That the said sum of three hundred and sixty-five pounds, sterling, shall become payable from and after the first day of January one thousand eight hundred and twenty. III. And be it further enacted by the authority aforesaid, That the said sum of three hundred and sixty-five pounds, sterling, shall be paid by the Receiver General of this Province, in discharge of such warrant or warrants as shall for that purpose be issued by the Governor, Lieutenant Governor, or Person administering the Government of this Province, and shall be accounted for to His Majesty, by the Receiver General of this Province, through the Lords Commissioners of His Treasury, for the time being, in such manner and form as His Majesty, His Heirs and Successors shall be graciously pleased to direct. Preamble. An Act granting to His Majesty a sum of MONEY to provide for the ACCOMMODATION of the LEGISLATIVE COUNCIL and HOUSE of ASSEMBLY, MOST GRACIOUS SOVEREIGN, [Passed 12th July, 1819.] WHEREAS, it is expedient to provide for the accommodation of the Legislative Council and House of Assembly of this Province, We beseech your Majesty, that it may be enacted, and Be it enacted by the King's Most Excellent Majesty, by and with the ad vice and consent of the Legislative Council and Assembly of the Province of Upper Canada, constituted and assembled, by virtue of, and under the authority of an Act passed in the Parliament of Great Britain, entitled, “An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's Reign, entitled, An Act for making more effectual provision for the Government of the Province of Quebec, in North America, and to make further provision for the Government of the said Province," and by the authority of the same, That there be granted to your Majesty, your Heirs and Successors, from and out of the rates and duties now or hereafter to be raised, levied, and collected, to and for the uses of this Province, and unappropriated, the sum of one thousand five hundred pounds, which sum of one thousand five hundred pounds, shall be paid by ings for the Legislature. the Receiver General of this Province, in discharge of such warrant or warrants as shall for that purpose be issued by the Governor, Lieutenant Governor, or Person administering the Government of this Province, to the persons appointed, as hereinafter directed, to be applied by them towards erecting and putting up proper buildings for the accommodation of the Provincial Legislature, and shall be accounted for through the Lords Commissioners of His Majesty's Treasury, in such manner and form as His Majesty, His Heirs and Successors shall be pleased to direct. £1500 applied towards erecting build Commissioners to be II. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the Governor, Lieutenant Governor, or Person adminis- appointed. tering the Government of this Province, to appoint two Commissioners for the purpose of carrying into effect the provisions of this Act. CHA P. XV. An Act to INCORPORATE certain Persons under the Style and Title of the PRESIDENT, [Passed 12th July, 1819.] Preamble. Petition of certain rated. HEREAS, the establishment of a Bank in the Province of Upper Canada, will conduce to the prosperity and advantage of Commerce and Agriculture in the said Province; and whereas, Allan M Lean, Thomas Markland, Peter Smith, Lawrence Herchmer, William Mitchell, John Kirby, persons to be incorpo Roderick M'Kay, John M'Aulay, Allan M'Pherson, Hugh C. Thompson, Jerry Whitehead, William Bradhay, J. Nickalls, N. McLeod, S. Johns, P. Smyth, and Thomas Graham, by their Petition presented to the Legislature, have prayed for the privilege of being incorporated; Be it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Assembly of the Province of Upper-Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of Great Britain, entitled, "An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's Incorporation of Bank under the name Majesty's Reign, entitled, 'An Act for making more effectual provision for the Government of the Province of Quebec in North America, and to make further provision for the Government of the said Province," and by the authority of the same, That Allan M'Lean, Thomas Markland, Peter Smith, Lawrence Herchmer, John Kirby, William Mitchell, and all such persons as hereafter shall become Stockholders of the said Bank, shall be and hereby are ordained, constituted, and declared to be, from time to time, and until the first day of June, which will be in the year of our Lord one thousand eight hundred and fifty, a Body Corporate and Politic, in fact and in name of the "Bank of Kings of the President, Directors, and Company of the Bank of Kingston, and that by that name, they and their successors shall and may have continual succession, and shall be persons in Law capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all Courts and places whatsoever, in all manner of actions, suits, complaints, matters, and causes whatsoever, and that they and their successors may have a common seal, and may change and alter the same at their pleasure; and also, that they and their successors, by the same name of the President, Directors, and Company of the Bank of Kingston, shall be in Law capable of purchasing, holding, and conveying any estate, real or personal, for the use of the said Corporation. too." Privileges. Amount of each share Number of shares. II. And be it further enacted by the authority aforesaid, That a Share in the Stock of the said Bank shall be twelve pounds ten shillings, or the equivalent thereof, in specie, and the number of Shares shall not exceed ten thou where and when to be Sand; and that books of subscription shall be opened, at the same time, in the Towns of Kingston, Niagara, York, Brockville, Amherstburg, Ancaster, Vittoria, Hamilton, in the District of Newcastle, and Cornwall, in the Eastern District, within two months after the passing of this Act, by such person or persons, and under such regulations as the majority of the said petitioners shall direct. opened. No person to take more than 80 shares. if required. in instalments III. And be it further enacted by the authority aforesaid, That it shall be lawful for any person, His Majesty's subjects or foreigners, to subscribe for such and so many Shares as he, she, or they may think fit, not howTen per cent to be ever exceeding in the first instance eighty, and that the Shares respectively imediately deposited, subscribed shall be payable in gold or silver, that is to say, ten per centum, to be ready as a deposit, at the time of subscribing, to be called for by the Directors hereafter appointed by virtue of this Act, as soon as they may Remainder payable deem expedient, and the remainder shall be payable in such installments as a majority of the Stockholders, at a meeting to be expressly convened for Provisions respecting that purpose, shall agree upon, Provided no installment shall exceed ten per centum, upon the Capital Stock, or be called for or become payable in less than sixty days after public notice shall have been given in the Upper Canada Gazette to that effect; Provided always, That if any Stockholder failure in paying snb- or Stockholders, as aforesaid, shall refuse or neglect to pay to the said Directors the installment due on any Share or Shares held by him, her, or them, at the time required by Law so to do, such Stockholder or Stockholders, as aforesaid, shall forfeit such Share, as aforesaid, with the amount previously paid thereon, and the said Share or Shares may be sold by the the calling in of the instalments. Forfeiture in case of scription. Directors, Directors, and the sum arising therefrom, together with the amount previously paid thereon, shall be accounted for and divided in like manner as other monies of the Bank. How Shares may be IV. Frovided also, and be it further enacted by the authority aforesaid, That if the whole number of Shares shall not be subscribed within two months made up. after the said books of subscription shall be opened, then and in such case, it shall be lawful for any former subscriber or subscribers to increase his, her, or their subscriptions; and Provided further, That if the total amount of subscriptions within the period aforesaid, shall exceed the Capital Stock limited by this Act, then and in such case, the Shares of each subscriber or subscribers above ten Shares shall, as nearly as may be, be proportionably reduced, until that the total number of Shares be brought down to the limits above said, and Provided nevertheless, That the said limitation in respect to persons subscribing to the said Capital Stock, shall not extend or be construed to extend to prevent the acquisition of a greater number of Shares by purchase, after the said Bank shall have commenced its operations. V. And be it further enacted by the authority aforesaid, That the whole amount of the Stock, estate, and property, which the said Corporation shall be authorised to hold, including the Capital Stock, or Shares before mentioned, shall never exceed in value one hundred and twenty-five thousand pounds. Persons may acquire a greater number of res by purchase after the Bank is in operation. Stock not to exceed £125,000. When £50,000 subscribed, Directors to be How to be chosen. VI. And be it further enacted by the authority aforesaid, That as soon as the sum of fifty thousand pounds shall have been subscribed, it shall and elected. may be lawful for such subscribers, or the majority of them, to call a meeting, at some place to be named in the Town of Kingston, for the purpose of proceeding to the election of the number of Directors hereinafter mentioned, and such election shall then and there be made by a majority of Shares, voted for in manner hereinafter prescribed, in respect of the annual elections of Directors, and the persons then and there chosen shall be the first Directors, and be capable of serving until the expiration of the first Monday in June, in the year of our Lord one thousand eight hundred and twenty-one, and the Directors, so chosen, shall, as soon as the deposit, amounting to twenty thousand pounds, subscribed as aforesaid, shall be paid to the said Directors, commence the business and operations of the said Bank; Provided always, That no such meeting of the said subscribers shall take place until a notice is published in all the public Newspapers of this Province, at of meeting of subscrithe distance of not less than thirty days from the time of such notification. VII. And be it further enacted by the authority aforesaid, That the Stock, property, affairs, and concerns of the said Corporation, shall be managed and conducted by fifteen Directors, one of whom to be the President, who, excepting as is herein before provided for, shall hold their offices for one year, which Directors shall be Stockholders, and shall be subjects of His Majesty, residing in this Province, and be elected on the first Monday in June, in every year, at such time of the day, and at such place in the Town of Kingston, as a majority of the Directors, for the time being, shall appoint, and public notice 4 N When to commence their proceedings. Notice to be given bers. Directors. President. Qualifications of Di rectors. |