6. In case a prisoner elects to be tried by a jury the judge Or if he electa may, instead of remanding him to gaol. admit him to bail to to be tried by a jury. appear for trial at such time and place and before such court as shall be determined upon; and such bail may be entered into and perfected before the Clerk of the Peace in open court. 7. The judge may adjourn any trial from time to time Adjourning until finally terminated. trial. 8 The judge shall have all powers of amendment which Powers of the Court of General Sessions of the Peace would have in amendment. case the trial were before such court. &c., in this 9. In this Act, as respects the Provinces of Quebec and InterpretaOntario, the word "Judge" has the meaning assigned to it tion of words, in section eight of the Act thirty-second and thirty-third Act. Victoria, chapter thirty-five, hereby amended; as respects the Province of Quebec, the expression "Court of General Sessions of the Peace" includes any court for the time being, discharging the functions of the said court; and as respects the Province of Manitoba, the said word and expression, and the expression "County Attorney or Clerk of the Peace," have the meanings assigned to them respectively, by the Act thirty-eighth Victoria,chapter fifty-four,extending the said amended Act to Manitoba; and the expression "Clerk of the Peace" in the fifth and sixth sections of this Act shall, in the said Province, mean the Prothonotary of the Court of Queen's Bench. amended. : appeals under 10. And in amendment of the Act passed in the session Act 32, 33 V., held in the thirty-second and thirty-third years of Her c. 31, s. 66 Majesty's reign, chaptered thirty-one, respecting summary As to convictions before Justices of the Peace, it is enacted, that evidence in at the hearing of any appeal under the said Act or any Act the said Act. amending it, any of the parties to the appeal may call witnesses and adduce evidence, who or which may not have been called or adduced at the original hearing; and the sixty- Proviso. sixth section of the said Act is hereby amended accordingly ; but this amendment shall not affect any proceedings or appeals now pending. CHAP. CHAP. 45. Preamble. Section 19 of 31 V., c. 5 repealed, and new section substituted for it. Shares per be valid An Act to amend the Act relating to Banks and Banking, and the Acts amending the same. [Assented to 15th May, 1879.] ER MAJESTY, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. The nineteenth section of the Act passed in the thirtyfourth year of Her Majesty's Reign and intituled "An Act relating to Banks and Banking," is hereby repealed, and the following substituted therefor :- "19. The shares of the capital stock of the bank shall be held sonal estate. and adjudged to be personal estate, and shall be assignable and transferable at the chief place of business of the bank, or at any of its branches which the directors shall appoint for that purpose, and according to such form as the direcTransfers of tors shall prescribe; but no assignment or transfer shall be shares not to valid unless it be made and registered, and accepted by the party to whom the transfer is made, in a book or books to be kept by the directors for that purpose, nor until the person or persons making the same shall, if required by the bank, previously discharge all his, her or their debts or liabilities to the bank, which may exceed in amount the remaining stock, if any, belonging to such person or persons valued at Fractions of the then current rate; and no fractional part or parts of a shares not to share, or less than a whole share, shall be assignable or transferable." unless registered, and claims of bank discharged. be sold. Conditions as under execu tion. President, "When any share of the said capital stock shall have to shares sold been sold under a writ of execution, the officer by whom the writ shall have been executed shall, within thirty days after the sale, leave with the cashier, manager, or other officer of the bank, an attested copy of the writ, with the certificate of such officer endorsed thereon, certifying to whom the sale has been made; and thereupon (but not until after all debts or liabilities of the holder or holders of the share to the bank, and all liens existing in favour of the &c., debts to bank thereon, shall have been discharged as hereinafter provided), the president, vice-president, manager or cashier of the bank shall execute the transfer of the share so sold to the purchaser; and such transfer, being duly accepted, shall be, to all intents and purposes, as valid and effectual in law as if it had been executed by the holder or holders of the said share,-any law or usage to the contrary notwithstanding." the Bank being first paid. amended. section shall 2. Section fifty-one of the said Act is hereby amended by Section 51 of striking out of the said section the words "the shares of the 31 V, c. 5, capital stock of any other bank," in the twenty-fourth line of the said section, and the word "stock," in the twenty-sixth line thereof; but this amendment shall not have any force or Proviso: effect until the end of six months from the passing of this when this Act, nor as respects loans on the security of bank shares come into Ja made and current at the time of the expiration of the said force. six months, or as respects any extension or renewal of such loans, until the end of the session of the Parliament of Canada next after the present, after which time the lien existing upon such shares as security for any loan, or the extension or renewal of any loan by any bank on the shares of the capital stock of any other bank, shall cease to attach thereto, or to create any charge or privilege thereon or on the proceeds thereof. shares to be 3. It shall be the duty of every bank, within three Banks to months after the passing of this Act, to number its shares, cause their from the number one consecutively onwards; and whenever numbered. any such share is transferred or assigned, or transmitted, such transfer, assignment or transmission shall bear and disclose the number which such share bears upon the register of the bank and if any bank neglects to number its shares Penalty for in the manner and within the period aforesaid, such bank not doing so shall thereby incur a penalty of one hundred dollars, and a further penalty of fifty dollars, for each day on which such neglect continues,-such penalty to be recovered and applied as provided in "The Interpretation Act." 1st October, the shares 4. Every contract or agreement made or entered into. after Agreements the first day of October, One Thousand Eight Hundred for sale after and Seventy-nine, for the sale or transfer, or purport to mention ing to be for the sale or transfer of any share or shares, numbers of or of any stock or other interest in any bank in the Domi- conveyed. nion of Canada, constituted under or regulated by the provisions of any Act of Parliament of the Dominion of Canada, or of any Royal Charter, the capital stock of which is held in shares transferable by any deed or written instrument, shall be null and void to all intents and purposes whatever, unless such contract or agreement sets forth and designates in writing such share or shares or interest by the respective numbers by which the same is or are distinguished, at the time of the making of such contract or agreement, on the register or books of such bank. insert num. 5. Any person, whether principal, broker or agent, who Penalty for wilfully inserts in any contract or agreement, for the sale neglecting to or transfer of any share or interest in any such bank as afore- bers, or givsaid, any false number as being that which any share therein ing wrong referred to bears in the register of shares in such bank, or who signs or enters into any such contract or agreement, without setting numbers. setting forth correctly the registered number of each share therein referred to, or wilfully inserts therein the number of any share which he has not lawful authority to sell or transfer, shall be guilty of a misdemeanour, and the provisions of sections sixty-six and sixty-seven of the Act, intituled "An Sects, 66 and Act relating to Banks and Banking," hereby amended, shall 5 to apply. apply to any offence under this section, as if the said sections were incorporated herewith. Misde meanour. 67 of 31 V., c. Interpreta tion. 6. The expression "contract or agreement" in the two next preceding sections includes any contract note or memorandum of agreement. Preamble. How such bills and notes may be protested in CHAP. 46. An Act relating to the protest of Inland Bills of [Assented to 15th May, 1879.] WHEREAS it is desirable that the laws at present relating to the protest of foreign bills of exchange and promissory notes should be and become applicable to inland bills of exchange and promissory notes within the Province of Nova Scotia: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. From and after the first day of July next after the passing of this Act, all bills of exchange and promissory notes drawn or made at any place in the said Province of Nova Scotia. Nova Scotia, for the sum of forty dollars and upwards, upon or in favour of any person or persons in the said Province of Nova Scotia, may, on default of the acceptance or payment thereof, be protested by a notary public; and such protest shall, in any action on such bill or note, be prima facie evidence of presentation and dishonour, and also of service of notice of such presentation and dishonour as stated in such protest; for which protest there shall be charged a notarial fee of fifty cents for protest and twenty-five cents for each Effect of protest as evidence. Fee. notice. AP. CHAP. 47. An Act to make the first day of July a Public Holiday, by the name of Dominion Day. WE [Assented to 15th May, 1879.] THEREAS it was on the first day of July that the Pro- Preamble. vinces of Canada, Nova Scotia and New Brunswick became one Dominion, under the name of Canada; and whereas Rupert's Land and the North-Western Territory, and the Province of British Columbia became part of the Dominion in the month of July, and Prince Edward Island became part of the Dominion on the first day of July; and whereas it is expedient that such important events should be commemorated: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: of July to be 1. Throughout the Dominion of Canada, in each and every The first day year, the first day of July, not being a Sunday, shall be a a public legal holiday, and shall be kept and observed as such, holiday. under the name of "Dominion Day." 2. When the first day of July is a Sunday, the second day Provision in of July shall be, in lieu thereof, throughout the Dominion, case of first a legal holiday, and shall be kept and observed as such day of July being a Sununder the same name. day. word "boli 3. In construing any Act of the Parliament of Canada, Interpreta passed or to be passed, the word "holiday" shall be held to tion of the include "Dominion Day," as if the same were mentioned in day," in Acts the "Interpretation Act," section seven, "Fifteenthly," which of Parlia is hereby amended to that effect. ment. last day of 4. Whenever the day which would otherwise be the day Provision in for the payment or the last day of grace for the payment of case of the any bill of exchange or promissory note, payable at any grace on a place in the Dominion of Canada is Dominion Day, such bill or note, bill or note shall be payable, and the days of grace thereon ion Day. being Dominshall expire, on the day next thereafter, not being a legal holiday or non-juridical day, and not before. VOL I-20 CHAP. |