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the said Companies shall form one united Company under the name and style of "The Beaver and Toronto Mutual Fire Insurance Company."

body corporate

2. The said united Company under the name aforesaid shall be United Coma body corporate and politic, having throughout Canada all the pany to be a powers, rights and privileges conferred upon Mutual Insurance with certain Companies by the general Act, chapter fifty-two of the Consoli- powerɛ. dated Statutes for Upper Canada, and the several amendments thereof, and under, and subject to the obligations, responsibilities and duties thereby imposed upon such Companies, excepting in so far as the same may be inconsistent with the special Act twenty-seven and twenty-eight Victoria, chapter ninety-nine, hereinafter mentioned and with this Act.

3. The said "The Beaver and Toronto Mutual Fire Insurance May exercise

powers uuder

Company" may also exercise all the powers conferred upon the 27 and 28 Vic. said The Beaver Mutual Fire Insurance Association by the Act cap. 99. twenty-seven and twenty-eight Victoria, chapter ninety-nine.

President, &c.,

4. The President, Vice President and Directors for the time Who to be the being of The Beaver Mutual Fire Insurance Association, may be of united the President, Vice President and Directors of the said "The Company. Beaver and Toronto Mutual Fire Insurance Company," of whom one third shall retire annually, according to the practice of the said The Beaver Mutual Fire Insurance Association.

5. From and after the first meeting of the said Board of Direc- Powers of both Companies to tors of the Beaver Mutual Fire Insurance Association, as the be vested in Directors of the said united Company, the Board of Directors united Com of the said The Toronto Mutual Fire Insurance Company shall pany. cease to exist, and all the obligations, powers and rights of the said two Companies respectively, shall attach to and be vested in the said The Beaver and Toronto Mutual Fire Insurance Company, which may sue and be sued, plead and be impleaded by virtue thereof in its own name, as though the contracts made by and with each of them respectively, had been originally made by and with the said united Company, and it shall not be necessary to plead this Act as authority therefor.

the Guarantee

6. The said united Company may take up the Guarantee Stock May take up of the said two Companies respectively, and issue new stock Stock. therefor upon such terms as the holders of the said existing stock may agree to.

May insure

7. The said united Company shall henceforth have power property anyand authority to make and effect contracts of Insurance with where in the any person or persons, body or bodies corporate or politic, against Dominion. loss or damage by fire on any house or houses, store or stores, or other building or buildings whatsoever, situate within the Dominion of Canada, and in like manner on any goods, chattels or personal estate whatsoever within the said Dominion, for

such

1

United Com

pany may divide its

business into three branches.

Officers may give bonds

security of a Guaranteo Society.

such term or terms, period or periods, and for such consideration and subject to such conditions and restrictions as may be agreed upon between the said Company and the person or persons, body or bodies agreeing with them for Insurance, and generally to do and perform all matters and things connected with or requisite to promote those objects.

S. The said united Company may divide its business into three branches to be called

1. The Farmer's Branch, comprising all the now existing risks of the said The Beaver Mutual Life Insurance Association.

2. The Household Branch.

3. The Mercantile Branch,-which two last named branches shall comprise all the now existing risks of the said "The Toronto Mutual Fire Insurance Company."

9. Each officer of the said United Company who is by law with the sole required to give a bond to the Company with two sufficient sureties conditioned for the faithful discharge of his duties, may, in lieu thereof, give such bond with the sole security of any Guarantee Society, approved of by the Board of Directors of the said United Company, and the said Board of Directors may accept the sole security of such Guarantee Society instead of the two sureties now required by law,

Policies for

one year only, may be extended from year to year.

Certain wilful

and corrupt

&c., to be

perjury.

10. Policies already issued for one year only by said two Companies respectively, and all such policies which may henceforth be issued by the said United Company, may be extended from year to year by renewal receipts signed by the President, VicePresident or Managing Director of the said United Company, and countersigned by the Secretary, whereupon the original premium note of the assured, and all liabilities thereon, shall be and continue in full force and effect for the term so extended.

11. Wilful and corrupt false swearing or affirming, either oral false swearing, or written, concerning any matter or thing relating to Fire Insurance in the said United Company, before any one having lawful authority to administer an oath or affirmation, shall be wilful and corrupt perjury; and notice to the defendant to produce any document in his posssession, power, or control, shall in all actions, suits or prosecutions by the said United Company, let in secondary evidence thereof if the same be not produced pursuant to the said notice.

This Act and

subject to 31

12. This Act and the Companies hereby united shall be subject the Company to such provisions of the Act thirty-one Victoria, Chapter fortyeight, intituled: "An Act respecting Insurance Companies" as refer to the class of Companies transacting such business as the said Beaver and Toronto Mutual Fire Insurance Companies are

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V. c. 48.

authorized

authorized to carry on, and to such further general provisions respecting Insurance as may from time to time be enacted.

CAP. LXXI.

An Act to amend and consolidate the Acts respecting the
St. Lawrence Tow Boat Company.

[Assented to 22nd June, 1869.]

WHEREAS the St. Act of

HEREAS the St. Lawrence Tow Boat Company have, by Preamble. petition, prayed that their Act of Incorporation and the

Acts amending the same be amended and consolidated, and it is expedient to grant their prayer: Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

reduced.

1. The capital stock of the Company may be reduced to such Capital Stock sum, not less than one hundred thousand dollars, as may from time to time be fixed by the majority of the shareholders present at any annual or special meeting to be called for that purpose; and may be so reduced either by the diminution in nominal amount of the amount of each share therein as now established or by the diminution of the entire amount of Capital, or by both

means.

real estate.

2. In addition to all property now held by the said Company, Power to hold they shall have the right to purchase any real property necessary for the carrying on of their business, and to lease, mortgage or sell the same, and other property to purchase or acquire instead; but the whole value of all the real estate held by the Company Proviso. shall not at any time exceed one hundred thousand dollars.

3. The affairs of the Company shall be conducted by five Directors. directors, but any greater number of the present directors may continue to act as such during their term of office.

4. At all meetings of the directors three shall form a quorum, Quorum. and each director shall have one vote only.

Vacancies, &c.

5. The directors shall elect from among themselves a president President, and vice-president; and all vacancies occurring amongst them shall be filled up by themselves, or by such of them as remain.

6. At all meetings of the shareholders each shareholder shall Votes and have a vote for every share registered in his name in the books of mode of voting. the Company, at least one month previous to the date of such meeting; and the voting shall be by ballot or open, as the by-laws may direct.

Limited liability of shareholders. Proviso.

Casting vote.

Minutes, &c.

7. The shareholders shall not be responsible for any claim beyond the amount of their respective shares, but no change in the amount of capital stock or of the shares thereof shall affect the liability of the shareholder towards third parties or restrict his liability towards the Company in respect of any portion of his Stock remaining unpaid, in so far as such liability may require to be enforced for the satisfaction of any debt due by the Company previous to such change.

Who to preside 8. At all meetings either of the shareholders or of the directors, at meetings. the president, or in his absence the vice-president, or in the absence of both, then some one appointed by the meeting, shall preside; and the person presiding shall have a double or second vote in case of an equal division; minutes of the deliberations and decisions shall be entered correctly in books kept for that purpose, they shall be signed by the person presiding at the meeting, and such books, as well as all other books of the Company, shall be only accessible to the directors and shall be kept at the office of the Campany and no where else.

Quorum at

meetings of

9. No meeting of shareholders shall transact any business unless shareholders. at least ten members possessing or representing at least one-third of the stock are present.

Company.

Dissolution of' 10. The Company may at any time, by a vote of at least ten shareholders possessing or representing at least two-thirds of the stock, at a general or special meeting of shareholders called for that purpose, dissolve their corporate existence, and wind up or provide for the winding up of their affairs.

Repealing clause.

Exception, as

actions.

11. The Acts of the Legislature of the late Province of Canada, twenty-sixth Victoria, chapter fifty-nine, twenty-eighth Victoria, chapter forty-six, and twenty-ninth and thirtieth Victoria, chapter one hundred and twelve, are hereby repealed in all cases:

1. In which there is a provision herein, having expressly or impliedly that effect,

2. In which such Acts are contrary to or inconsistent with any provision herein contained,

3. In which express provision is herein made upon the particular matter to which such Acts relate;

Except always, that as regards transactions, matters and things to past trans- anterior to the coming into force of this Act, and to which its provisions could not apply without having a retroactive effect, the provisions of the said Acts which with or without this Act would apply to such transactions, matters and things shall remain in force and apply to them, and this Act applies to them only so far as it coincides with such provisions.

САР.

CAP. LXXII.

An Act to enable James Blanchfield Smith, to obtain an extension of the Patent of a certain Invention.

[Assented to 22nd June, 1869.]

W

HEREAS James Blanchfield Smith, by Letters Patent under Preamble. the Great Seal of the late Province of Canada, dated the sixth day of December, one thousand eight hundred and fifty-four, became the patentee of a certain Invention of "a new and useful "improvement in the construction of portable or stationary Steam "or Water Saw Mills:" And whereas more than six months prior to the expiration of the term of limitation of the said patent, the said James Blanchfield Smith, did prepare and forward a Petition to the Governor, asking for an extension of his said Patent, and setting forth for the grounds thereof pursuant to the Statute of the said late Province, in that behalf, but by some accident the said Petition reached the proper office eleven days too late according to the time fixed in the said Statute, and therefore could not be acted upon as is provided by the said Statute: And whereas the said James Blanchfield Smith, has petition Parliament for an Act to enable him to obtain an extension of the said Patent, and it is expedient to grant the prayer of the said Petition: Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

extended, after

cate of a cer

. For, and notwithstanding anything to the contrary contained J. B. Smith's in sub-section four of section sixteeen of chapter thirty-four of the Patent may le Consolidated Statutes of the late Province of Canada, an extension certain notice, of the Patent mentioned in the preamble of this Act may be and on certifigranted, under and subject to all the provisions contained in the tain Board. said section sixteen, and in its sub-sections, two and three, on the petition of the said James Blanchfield Smith, presented at any time within six months from and after the passing of this Act, the notice required by said section sixteen to be published in two newspapers, being so published in the Province of Ontario, in the English language only, and the Board mentioned in sub-sections two and three of said section sixteen being constituted of the President of the Privy Council, the Minister of Justice, and the Minister of Finance, and sitting at Ottawa,-but nothing in this Act contained shall be construed in any way to confirm the validity of the original letters patent granted to the said James Blanchfield Smith, or to affect any litigation now in progress in reference thereto.

used the inven

2. Any person who by user or otherwise shall, within the Rights of perperiod between the expiration of the Patent and the extension of sons having the same, have acquired any right in respect of such Invention, tion saved. shall continue to enjoy the same to all intents and purposes as though this Act had not been passed.

CAP.

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