presence of us, who, at his request and in his presence, and in the presence of each other; have subscribed our names as attesting witnessess thereto.

SAMUEL LANG, of the City of Toronto, in the County of York. JAMES HOLLAND, of the same place.

Various Conclusions to Wills or Codicils, the necessary Words

being Changed.

IN WITNESS WHEREOF, I, the said Thomas Dill, have to this my last will and testament, contained on two sheets of paper, and at the close of every sheet thereof, set my hand and seal, this seventeenth day of June, in the year of our Lord one thousand eight hundred and fifty-four.

THOMAS DILL. [Seal.]

Or thus:-IN TESTIMONY WHEREOF, I, the said Thomas Dill have, to this my last will and testament, contained on three sheets of paper, set my hand and seal, in manner following: to the first two sheets I have subscribed my name, and to the last sheet I have subscribed my name and affixed my seal, &c. THOMAS DILL. [Seal.]

Or thus:-IN TESTIMONY WHEREOF, I, the said Thomas Dill, have, to this my last will and testament, contained on four sheets of paper, subscribed my name to each of them, and affixed my seal, to my signature to the fourth sheet, on this

of

day

; and in my presence, and by my direction, the said four sheets are now annexed together, and I declare their contents to be my last will and testament, &c.

Attestations of Wills.

Signed, Sealed, published and declared, by the said Thomas Dill, as and for his last will and testament, in presence of us who, in his presence, and at his request, have hereunto subscribed our names as Witnesses in the presence of each other. JOHN WINCHESTER, residing at CHARLES PRATT, residing at

in the County of in the County of

Or thus:-Signed, Sealed, published and declared, in the presence of three several persons, whose names hereunto appear as witnesses; And we the undersigned did in the presence of each other hereunto subscribe our names as witnesses, in the presence of the said Thomas Dill, and at his request, he, at the same time, declaring the foregoing instrument to be his last will and

A Codicil Annexed to, or Endorsed on the Back of a Will.

I, Thomas Dill, named as the testator in the Will to which this is annexed, (or within contained,) do hereby make this present codicil, which I do order and direct, shall be taken as a part of my annexed (or within) last will and testament, and which Will, I, in all respects, excepting wherein it is altered or changed by this codicil, do hereby republish and confirm. I Give and bequeath to my grandson, Oliver Jones, the child of my daughter, Eveline B., who inter-married with James Bond, the sum of pounds.

And whereas, my son, Horatio Dill, since my making my last will and testament, has died, leaving a widow and five children, (two boys and three girls); the boys named as follows: Alonzo Dill, and Henry Dill; the girls named, Mary Dill, Sarah D., and Helen D., I do hereby (here insert all the changes, revocations, or additions, which the testator may wish to make.)

IN TESTIMONY WHEREOF, &c.

OATH TO BE TAKEN, WHEN APPOINTED TO ANY PUBLIC OFFICE IN THIS PROVINCE.

OATH.

I, David Henderson, do sincerely promise and swear, that I will be faithful and bear true allegiance to HER MOST GRACIOUS MAJESTY QUEEN VICTORIA, Our reigning Sovereign of the United Kingdom of Great Britain and Ireland, and of this Province dependent on and belonging to the said Kingdom; and that I will defend Her to the utmost of my power against all traitorous conspiracies or attempts whatsoever which shall be made against Her Person, Crown and Dignity; and that I will do my utmost endeavor to disclose and make known to Her Majesty, Her Heirs and Successors, all treasons and traitorous conspiracies and attempts which I shall know to be made against Her or any of them; and all this I do swear without any equivocation, mental evasion or secret reservation, and renouncing all pardons and dispensations from any person or power whatsoever to the contrary. So help me God.

ང་་་་、

Parliamentary Acts of Canada.

BANKS AND BANKING.

CAP. XXI.

AN ACT TO ESTABLISH FREEDOM OF BANKING IN THIS PROVINCE, AND FOR OTHER PURPOSES RELATIVE TO BANKS AND BANKING.

W

[Assented to 10th August, 1850.]

Preamble.

HEREAS it is expedient to provide, by one general law, for the establishment of freedom of Banking in this Province, under such regulations as shall effectively protect the holders of the Notes of Banks, and shall provide, as far as may be practicable, for the safety of all those dealing with them, and for that purpose to repeal the Ordinance and Act hereinafter mentioned, and to make other provision instead thereof: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That the Ordinance of the Governor and Special Council for Lower Canada, passed in the second Her Majesty's Reign, and intituled, An Ordinance to regulate Private Banking, and the Circulation of (3) c. 57-and the Notes of Private Bankers, and the Act of the Parliament of Upper Canada, passed in the seventh year of the Reign of His late Majesty King William the Fourth, and intituled, An Act to protect the public against injury from Private Banks, and all other Acts, Ordinances, or provisions of law in in Upper or in Lower Canada, inconsistent with the provisions

P

year of

Ord: L. C. 2 V.

Act U. C. 7 W.

4,c.13, repealed.

force either

of this Act, shall be and are hereby repealed, except only as regards any penalty incurred under either of them before this Act shall come into effect, with regard to which they shall remain in full force.

What parties only may make and issue Bank Notes.

II. And be it enacted, That it shall not be lawful for any person or association of persons, body corporate or politic, or party whatsoever, except only Banks now incorporated by Royal Charter or by Act of the Legislature of this Province or of Lower Canada or of Upper Canada, and thereunto expressly authorized, or such as shall be thereunto authorized under the provisions of this Act, to make, issue, sign, draw, indorse, guarantee, or become parties to (any of which Acts shall be making and issuing within the meaning What shall be of this Act,) any Bill, Note, Bon, Check, or promise Bank Notes. in writing or undertaking, for the payment of money or securities for money, or other evidence of debt of any description or form, in the nature of a Bank Note or Bank Bill, or intended to pass as money, (and such intention shall be presumed in any case, if the same be made for the payment of any sum less than five pounds, and be payable either in form or in fact to the bearer thereof or on demand, or at less than thirty days thereafter, or be overdue, or be in any way calculated or intended for circulation, or as a substitute for money,) all which shall be Bank Notes within the meaning of this Act, and those with regard to which the provisions of this Act shall be contravened, shall be "unlawful Bank Notes" within the meaning of this Act, and the word "Notes," when hereinafter used, shall mean Bank Notes, unless such meaning be inconsistent with the context; Provided that any Check upon any Chartered or other Bank which may legally issue Bank Notes, paid by the maker thereof directly to his immediate sereditor, shall not be deemed a Bank Note, if it be not intended to pass or circulate as such: Provided always, that nothing in this Section contained shall extend to any Promissory Note, Bill of Exchange, Check, Note, Boa, or other undertaking for the payment of money paid or delivered by the maker thereof to his immediate creditor, and not intended to pass into circulation as money: Provided also, that this Section shall not, during twelve months next after the passing thereof, apply to any Banks or Company not hereinbefore excepted and authorized by Legislative enactment to issue Bank Notes.

Proviso: as to
Checks.

Proviso: as to

certain Bus and

Notes.

Proviso: as to

, certain Banks or companies.

No Bank Note to be for less than

58.

III. And be it enacted, That every Bank Note issued in this Province, and being for a less sum than Five Shillings, or made payable otherwise than on demand in current coin of this Province, and at some certain place within this Province, shall be an unlawful Bank Note, although issued by a party authorized to issue Bank Notes.

258

IV.

Penalty for issu ing or circulating, &c., unlawful

Bank Notes.

IV. And be it enacted, That for each and every unlawful Bank Note made or issued, circulated or passed, or attempted to be circulated or passed in contravention of this Act, the party issuing, circulating or passing, or attempting to circulate or pass the same, shall incur a penalty of One Hundred Pounds, to be recovered with costs by action in any Court having Civil Jurisdiction to the amount, by any party who will sue for the same as well for himself as for the Queen; and one moiety of such penalty shall belong to the party suing, and the other half to Her Majesty. V. And be it enacted, That no Bank incorporated or having its Chief Office or seat in any country out of Her Majesty's Dominions, shall open or keep any office or place of discount or deposit, or for the issue, circulation, or redemption of its Bank Notes within this Province, under a penalty of One Hundred Pounds for each day on which such office or place shall be opened or kept open, to be recovered and applied in the same manner as the penalties imposed by the next preceding Section.

Foreign Banks

not to keep offices

in the Frovince.

Unlawful Bank

Notes to be void,

&c.

What the business of Banking shall be within the meaning of this Act.

VI. And be it enacted, That all unlawful Bank Notes shall be absolutely null and void; and any mortgage, hypothec, deed, bond, note, bill, or other security, promise or undertaking, which shall be taken or given either directly or indirectly, mediately or immediately, for securing any loan or advance made either wholly or in part in unlawful Bank Notes, shall be absolutely null and void, as shall also any receipt or discharge given for any sum of money if the whole or any part of such sum shall have been paid in unlawful Bank Notes. VII. And be it enacted, That the business of Banking shall, for the purposes of this Act, mean the making and issuing of Bank Notes, the dealing in gold and silver bullion and exchange, discounting of promissory notes, bills and negotiable securities, and such other trade as belongs legitimately to the Business of Banking; but any Company or party who may lawfully exercise the business of Banking under this Act, shall also have power to take and hold any property which shall have been bona fide mortgaged, hypothecated, or pledged to such Company or party as security for debts previously incurred in the course of their lawful dealings as aforesaid, and sold under any Writ, Order, or Process of any Court of Law or Equity, and bought at such sale by the Company or party, and to re-sell or otherwise alienate or dispose of the same; but, except as aforesaid, no such Company or party shall deal in buying, selling, or bartering of goods, wares, or merchandize, or be engaged in any trade whatever; and the word "Bank" in this Act shall mean and include any Word "Bank" Company or party carrying on the business of defined. Banking under this Act, unless such meaning be inconsistent with the context.

259

VIII.