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35 VICT. CAP. 19.

An Act further to amend “ An Act respecting the

security to be given by Officers of Canada.”

[Assented to 14th June, 1872.]

JER Majesty, by and with the advice and consent of the Preamble. U Senate and House of Commons of Canada, enacts as follows:

1. Whenever any person is required under the Act passed in Bonds given the thirty-first year of Her Majesty's Reign, intituled : “ An by officers of

the Dominion *Act respecting the security to be given by Officers of Canada,may be in the or by any other Act, heretofore passed or hereafter to be passed form in

Schedule. by the Parliament of Canada, or by any other Act affecting 31 V., c. 37. Officers of the Dominion of Canada, or by any order of the Governor in Council, to give bond or security for the due performance of the duties of any office to which he has been, may be, or be about to be appointed, such person may either solely or together with any surety or sureties (as the case may be) give such security by bond to Her Majesty in the form in the Schedule to this Act annexed, marked "A," or to the like effect.

forms of

2. Whenever a Bond made according to the form set forth in How certain the Schedule to this Act annexed, marked “ A,” rr any other for

* words shall be Bond expressed to be made in pursuance of this Act, or refer- understood in ring thereto, contains the form of words contained iu column such Bonds. "one" of the said Schedule, such Bond shall be construed and have the same effect as if it contained the form of words contained in column “two” of the said Schedule.

3. Any recitals may be inserted prior to the condition of the Recitals :Bond, and the feminine gender may be substituted for the mas. genders,

numbers, &c. culine, or the plural number for the singular or vice versâ in any form in the first column of the said Schedule, and corresponding changes shall be taken to be made in the corresponding form in the second column, and any express exceptions, or qualifications, or additions, made, introduced, or annexed in the first column, shall be taken to be made in the corresponding form in the second column.

4. Any Bond or part of a Bond which fails to take effect by as to Bonds virtue of this Act shall nevertheless be us effectual to bind the one obligors therein, so far as the rules of law and equity will permit ibis Act. as if this Act had not been made.

not taking effect under

5. The Act herein first above cited, as amended by the Act Act first cited unto annexed, and they shall be valid for all the purposes of the said Acts.

to apply to passed in the thirty-third year of Her Majesty's Reign, chapter Bonds under five, shall apply to every such Bond, and to the affidavits there- this A et.

SCHEDULE A.

of

KNOW ALL MEN BY THESE PRESENTS, THAT WE,

of the of

in the County of

in the Province of in the Dominion of Canada (hereinafter called “The Principal”); and

of the in the

of in the Province aforesaid and of the said

of (hereinafter called “The Sureties"), are respectively held and firmly bound unto our Sovereign Lady the Queen, her heirs and successors, in the respective penal sums following, that is to say :-“The Principal” in the sum of

dollars of lawful money of Canada, and each of “ The Sureties" in a sum of

dollars of like lawful money, to be paid to our said Sovereign Lady the Queen, her heirs and successors; for which said respective payments, well and faithfully to be made, we severally—and not jointly, or each for the other—bind ourselves, and our respective heirs, executors, and administrators, firmly by these presents, sealed with our respective seals.

Dated this

day of in the year of our Lord One Thousand Eight Hundred and , and in the

year of Her Majesty's reign.

WHEREAS “The Principal,” having been appointed to the office or employment of is required by law to give security to the Crown for the due performance of the duties appertaining thereto; and “The Sureties” have consented to become his sureties for such his performance of the said duties; and this Bond is given in pursuance of “ An Act further to amend · An Act respecting the security to be given by Officers of Canada':

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Now the condition of this obliga-/ Now the condition of the above tion is, that if “ The Principal” faith-obligation is such that, if “ The Prinfully discharges the duties of the cipal," so appointed to the said office said office and duly accounts for all or employment as aforesaid, do and moneys and property which may shall, from time to time, and at all come into his custody by virtue of times, so long as he shall hold the

the said office, this obligation shall said office or employment, or be and be void.

remain charged with the actual dis

charge of the duties appertaining Signed, sealed and )

thereto, or any of them, faithfully, delivered in the

honestly, and diligently do, perform, presence of

fulfil, and discharge all and every such duties, in every respect, in accordance with the laws now in force in that behalf, as also all and singular such other duties as, by competent authority in that behalf, now are, or hereafter shall or may be attached to the said office or employment, or imposed upon, or required to be performed by the incumbent for the time being of the said office or employment, whether such lastmentioned duties be regulated or imposed by any Act or Acts heretofore passed by the respective Legislatures of the late Province of Canada, or of either of the Provinces of Nova Scotia and New Brunswick, or British Columbia, or which have been or may hereafter be passed by the Parliament of or in force in the Dominion of Canada, or by any Order in Council or Regulations made under any such Act, and whether such duties be extended, increased, or otherwise varied or altered, by any such Act or Acts, so to be passed, or by any such Order in Council or Regulations as aforesaid, or be regulated or imposed, or be extended, increased, or otherwise varied or altered by competent authority, and shall duly account for and pay over all such moneys or securities for money or valuable securities or property as shall come into his hands, custody, or control, by virtue of or in consequence of his holding the said office ; And further, if « The Principal," upon his removal from, or his resignation of the said office or employment, or if (in the event of his death during his tenure of the said office or employment), his legal representatives, or some or one of them, do and shall quietly surrender and deliver up the same, and all the moneys, securities for money, valuable securities, or property, books, papers, instruments, instructions, maps, plans, letters, and writings, and other things whatever, which then may be, or ought to be, in his possession, custody, or keeping, by virtue of, or in consequence of his holding the said office, or relating, or in anywise appertaining thereto, then the above obligation shall be null and void and of no effect, otherwise the same shall be and remain | in full force and virtue.

AFFIDAVITS TO BE ANNEXED TO THE BOND.

Affi lavit of Witness.

PROVINCE of

of
To wit:

) I,

of the S

in the

in the Province of

make oath and say that I was personally present, and did see the obligors in the above bond or writing obligatory, named, duly execute the said Instrument by signing, sealing, and, as their respective acts and deeds, delivering the same; and that I am a subscribing witness to such execution.

Sworn before me, at the of
in the said

of
this

day of

A.D.
One thousand eight hundred and seventy

,a J. P. for the said County.

A separate Affidavit in this form will be made by a witness to the execution by each obligor, if the same person does not witness the execution by all of them.

Affidavit of a Surety.

PROVINCE of

one

of the sureties in the foregoing To wit: Bond named, make oath and say

j as follows: 1. I am seized and possessed to my own use of real, (or real and personal) estate, in the Province of

in Canada, of the actual value of dollars over and above all charges upon, or incumbrances affecting the same. 2. My Post Office address is as follows: (insert it)

SWORN before me at the

of in the

of

in the Province of

this day of

A.D. one thousand ? eight hundred and seventy

a J.P. for the said County. J.

A separate Affidavit to be made by each Surety.

The Indorsement on the Bond shall show :-1. The date of its receipt by the Finance Department; 2. The names of the Principal and Sureties, and the amount for which each is bound; 3. The date of the Bond ; 4. The office for the faithful discharge of the duties whereof it is given; 5. The Registration number; 6. The folio on which it is entered in the Register of Bonds ; 7 The folio and book in which it is recorded in the office of the Secretary of State and Registrar-General of Canada, certified by the signature of the Secretary or his deputy.

27-28 VICT. CAP. 7.

An Act to authorize the acceptance of certain Incor

porated Companies as Sureties for Public Officers.

[Assented to 30th June, 1864.]

HEREAS it has been represented that certain Incor- Preamble. W porated and Joint Stock Companies, of which the European Assurance Society, hereinafter mentioned, is one, are empowered to become the sureties of Public Officers, in certain cases; and whereas the collection or enforcing of bonds forfeited to the Crown, from private parties, is often difficult, and sometimes impossible : Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

1. This Section which related to security to be given by public officers is superseded by 31 V., c. 37, sec. 16, (see ante, page

189).

2. Notwithstanding anything in any Act of the Parliament Savings of this Province passed with respect to Savings Banks, Bene- Banks, Bene

volent Socievolent Societies, Building Societies, or to any incorporated ties, MuniciBank, Municipal or other Corporation, the Bonds or Policies of pal CorporaGuarantee of the said European Assurance Society, or of any ma Incorporated or Joint Stock Company formed and empowered security of

Wition to the same for like purposes, may be accepted instead of, or in addition to, the Bond or Security of any officer or servant of such Institu- their officers. tion or Corporation, in all cases where, by the provisions of such Act, or of any by-law or rule of such Institution or Corporation, such officer or servant is required to give security, either by himself, or by himself and a surety or sureties, and where the parties directed or authorized to take such security, see fit to accept the Bond or Policy of the said European Assurance Society, or other like Company, as aforesaid, and approve the

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