the Directors under the provisions of this Act, the board shall be constituted and the votes taken in the manner prescribed in and by the seventh Section of the Act incorporating the said Bank. 8. The said additional shares hereby created, and the holders thereof, shall at all times be subject and liable to all and singular the rules and regulations, clauses and provisions of an Act made and passed in the fourth year of the Reign of His present Majesty King William the Fourth, intituled An Act to incorporate sundry persons by the name of the President, Directors, and Company of the Central Bank of New Brunswick, and of the bye laws of the said Corporation, and of this Act, and any other Act or Acts of Assembly to be made and passed relating to the said Bank 9. And whereas by the twenty first Section of the said hereinbefore recited Act, it is enacted that the total amount of the debts which the said Corporation shall at any time owe, whether by bond, bill, note, or other contract whatsoever, shall not exceed twice the amount of the capital stock actually paid in by the stockholders ;-Nothing in the said Section shall extend or be construed to extend to any money deposited in the said Bank. 10. And whereas in and by the thirty third Section of the hereinbefore recited Act, the Cashier of the said Bank is required semi-annually, that is to say, on the first Monday in January and the first Monday in June in each and every year, to make a return of the state of the said Bank as it existed at two of the clock in the afternoon of the said days respectively, and forthwith transmit the same to the Secretary of the Province: And whereas that part of the said thirty third Section above recited is inconsistent in part and in other respects difficult to be complied with :-From and after the passing of this Act, the said Cashier shall semi-annually, that is to say, on the first Monday in December and the first Monday in June in each and every year, make a return in triplicate of the said Bank as it existed at three of the clock in the afternoon of the said days respectively, and shall forthwith transmit the same in triplicate to the Secretary of the Province; and in case of the sickness or unavoidable absence of the said Cashier, then and in such case it shall and may be lawful for the said Cashier to make the said return so soon after the time and times required in and by this Section as he possibly can; provided always, that nothing herein contained shall be construed to extend to alter the nature, character, or manner of making the said return, or otherwise to repeal the said thirty third Section of the said recited Act, except as is herein specially provided. 11. And whereas also in and by the thirty fourth Section of the said recited Act, the Cashier of the said Bank is required to furnish the President or Chairman of the said Bank with a true list of all delinquent promisers, endorsers, and sureties, made up to two o'clock on the day preceding the discount day, which list shall be called a delinquent sheet: And whereas the making up of the said list or delinquent sheet at two o'clock has been found inconvenient ;-From and after the passing of this Act, the said Cashier shall make up the said delinquent sheet to three of the clock in the afternoon of the day preceding the discount day, and furnish the same to the President or Chairman of the said Bank, agreeably to the terms and provisions of the said thirty fourth Section of the said Act. 12. No action shall be brought or maintained upon any bank bill or bank notes already issued, or which shall hereafter be issued by the said Corporation, before such bill or note shall have been presented at the Bank for payment, and default in payment shall thereupon take place. 13. All and every the shares in the capital stock of said Bank, whether original or additional stock, and all the profits and advantages of such shares respectively, shall be deemed and considered to be of the nature of and shall be personal estate, and transmissible as such accordingly. 14. The shares in the capital stock of the said Bank shall be liable to be seized and taken in execution and sold in like manner with other personal property; provided always, that the Sheriff or other officer executing such execution shall leave a copy of such execution, certified by the Sheriff or his deputy, with the Cashier of the said Bank; and the shares in the capital stock of the said Bank so liable to such execution, shall be deemed to be seized in execution when such copy is so left, and the sale shall be made within thirty days after such seizure; and on production of a bill of sale from the Sheriff, the Cashier of the said Bank shall transfer the number of shares sold under such execution to the purchaser or purchasers thereof, and such transfer shall be valid and effectual notwithstanding there may be any debt due to the said Bank from the person or persons whose shares may be seized and sold; provided also, that the said Cashier shall, upon the exhibiting to him of such certified copy of the execution, be bound to give to such Sheriff or other officer a certificate of the number of shares in the said capital stock held by the judgment debtor named in such execution; and the shares of such judgment debtor in the said capital stock shall be bound by such execution only from the time when such copy of the execution shall be so left with the Cashier. 15. This Act shall continue and be in force and effect for and during the continuance of the Act to which this is an amendment. 8th WILLIAM 4th-CHAPTER 9. An Act in addition to an Act intituled An Act to incorporate sundry persons by the name of the President, Directors, and Company of the Saint Stephens Bank, in the County of Charlotte. Section 1.-Time extended for part of Capital. Passed 22nd July 1837. WHEREAS by the second Section of the above recited Act, one half of the capital stock of the said Bank is required to be paid in within one year, and the other half within two years from the passing of the same: And whereas it is expedient that a longer time be given for paying in the remaining half of the said capital stock than is allowed by the said Act; Be it therefore enacted, &c.-1. The further time of two years from the eighth day of March one thousand eight hundred and thirty eight, be allowed for paying in the unpaid half of the said capital stock, the same to be paid in current gold and silver coins of this Province, agreeably to the provisions of the said recited Act. 8th WILLIAM 4th-CHAPTER 16. An Act to enable the Proprietors or Shareholders of a Company called the Bank of British North America, to sue and be sued in this Province, in the name of the Manager or of any of the local Directors for the time being of the said Company. Section. 1. Legal proceedings, how conducted. 4. May be as if stockholders were not so. 6. Judgments against Manager, &c., effect of. Section. 7. Act, how long to extend. 8. To what not to extend. 9. Registry of stockholders, where kept. 10. Registry of transfers. 11. Provincial Secretary's duty. 12. Registry book filed, &c. 13. Inspection of, &c. Passed 22nd July 1837. WHEREAS certain persons in England and in this Province have formed themselves into a Company or Partnership called or known by the name of "The Bank of British North America," for the purpose of establishing and carrying on Banks of issue and deposit at various Cities, Towns, and places, as well within this Province as within other British Settlements and Colonies in North America, and have subscribed and paid a considerable sum of money in order to carry on the business of the said Bank: And whereas it is expected that the public interests of this Province will be greatly benefited by the operations of the said Company: And whereas inconveniences may hereafter arise in recovering debts due to the said Company, and also in enforcing claims for or on account of the said Company, and generally in suing and being sued, and also in prosecuting persons who may steal, injure, or embezzle the property of, or who commit any other offence against the said Company, since by law all the proprietors or shareholders for the time being of the said Company ought in such cases to sue and be sued, and prosecute by their several distinct names; wherefore for obviating and removing the inconveniences aforesaid, Be it enacted, &c.-1. From and after the passing of this Act, all actions and suits whatsoever at law or in equity, which may be brought, instituted, or prosecuted within this Province, against any person or persons already indebted or who may hereafter be indebted to the said Company, called "The Bank of British North America," and all actions, suits, and other proceedings whatsoever at law or in equity within this Pro vince, for any injury or wrong done to any real or personal property of the said Company, in whomsoever the same may for the time being be vested, whether in the said Company or some person or persons in trust for, or for the use and benefit of the said Company, or upon any bonds, covenants, contracts, or agreements which already have been or hereafter shall be given or entered into with the said Company, or to or with any person or persons whomsoever in trust for, or for the use and benefit of the said Company, or wherein the said Company is or shall be interested, and generally all other proceedings whatsoever at law or in equity within this Province, wherein the said Company is or shall be concerned or interested, against any person or persons, or body or bodies politic or corporate, or others, whether such person or persons, or any of them, or such body or bodies politic or corporate, or any member or members thereof respectively, is or are or shall be a proprietor or proprietors, or other holder or holders of any share or shares in the said Company or not, shall and lawfully may be commenced, instituted, and prosecuted in the name of the Manager or of any one of the local directors of the said Company in this Province at the time when any such action, or suit, or other proceeding shall be commenced or instituted, as the nominal plaintiff, pursuer, or complainer, or as acting in any other character for or on behalf of the said Company; and all actions, suits, or other proceedings at law or equity within this Province, to be commenced, instituted, or prosecuted against the said Company by any person or persons, or body or bodies politic or corporate, whether such person or persons, or such body or bodies, or any member or members thereof, is or are or shall be a proprietor or proprietors, or other holder or holders of any share or shares in the said Company or not, shall and lawfully may be commenced, instituted, and prosecuted against one of the local directors or the Manager of the said Company in this Province at the time when any such suit, or action, or other proceeding shall be commenced or instituted, as the nominal defendant, respondent, or defender in such last mentioned actions, suits, or proceedings, for or on behalf of the said Company; and the death, resignation, or removal, or any other act of such Manager or local director shall not abate or prejudice any action, suit, or other proceeding in law |