7 kings t bcwnlctn shillings and stxptnct per annum if sent by mail twenty shilling le voii 13 no 34 nec rege nec polulo sed utkoque fumiriictl verr sotemay hy jomw matjarlimr at hit olfice in ftontairiel kingston u c saturday january 28 1832 xl ylnrf 6e it farther fyc that the directors for the time being or a major part of them shall an act to incorporate certain persons under the style and title of the president directors end com- panyj of the commercial bank of the midland district upper cam hereas the establishment of a bank at kingston in the province of upper canada will conduce to the prosperity and advantage of commerce and agriculture in the cir province and j c i to appoint as many officers clerks and servants for carrying on the said business and whereas thomas markland john robert glover david john smith thomas mjson john wat- j sucn varies and allowances as to them shall seem meet provided such rules and regulations be not repugnant to the laws of this province xii and bz it further tyc that the total amount of the debts which the said corporation shall ployed therein kins allan mclean george mckenzie alexander w light john marks duncan vanaltftoe abraham truax and others by the petition presented to the legislature have pray d lor the privi- of our lord one thousand eight hundred and fiftysix a body corporate and poliiv in hame of the piesident directors and company of the commercial bank of the midla and that by that name they and their successors shall and may have continued oucttssiori fact and in d as a od corporate from being also liable for and chargeable with the said excess but such nd district director who may have been absent when the said excess was contracted or who may tn and shall i v d from the said resolution or act whereby the same was so contracted may respectively ipable of purchasing estate real or personal for the use of the said corporation accommodation relation exceeding in the first instance sixty and that the shares respectively subscribed bhill be payable it gold or silver that is to say ten per centum to be ready as a deposit at the time ftf fcuhscribinj to be called for by the directors hereafter appointed by virtue of this at t as pron a ihev inv deem xv ad is it further fyc that the wares of the capital stock shall be transferable arffmay bo from mc t lima transferred bv the respective person so subscribing the same either in person or by proxy prodded always hat such transfer be entered and registered in a book or books to expedient andhe remainder shall be paid in such instalments as a nnmiity ol th s j f e ameetin- to he expresilv convened for that purpose shall agree upon provided no instalment l xvj v if i f c obl andof credll under the seal of the said shall exceed ten per centum upon the capital stock or he called for or become payable in lessthan t i vvvt f he assignable b endorsement sixtv days after public notice shall have been given in the public newspaper of the town of kir i 222 i il ztz 2 1 tsti 1 pe ton- and in one 6r more oi ttifiseverai newspapers published in the several districts of this province vs wswfflew tft trwnsfftt km vest foe tpvoevly raetcdl in each and every as- to that effect provided always if any stockholder or stockholders as aforesaid shall refuse or p 01 assignees successively and to enable such assignee or assignees to bring and maintain neglect to pay to the said directors the instalment due upon any shore or shares hclvl by him her an cion thereupon in his her or their own nirre or names and bills or notes which may be or them at the time required by the law so to do such stockholder oi stockholders as aforesaid shall issu v ordcr ol l sai j corporation signed fey thi pi esident and countersigned by the cashier ffr the chronxu mil chronicle permit mo to honor your columns wiiii the continuation of the ci tract 9 from burks i am burc the intelligent part of your readers and i inut tluv form thu great and all such othcrjnattersas appertain to the business cf a bank and shall also majorit must be more then gratified thus to hold conrersenith the mighty dead and listen to the golden instruction of to renowned a bri tish sage and statesman society i indeed a contract subordinate contracts for nicra occasional interest may be dissolved at pleasurebut the state doght not to be considered as nothing better than a part nership agreement in a trade of pepper and cof fee cnlico or toboco or rime other such tow concern to he token up for a li tie temporary in trtt and to he dissolved by the fancy of that partie it it to be looked on with other revc rence because it is not a partnership in things subservient only to the gross animal existence- of a temporary and perishable nature it is a partnership in all science a partnership in all art a parlneiship in ctory virtue and in all perfection as the ends of such a partnership cannot be obtained in many generations it bc- conrs a partnership not only betiveeo those who are living but between those who are living those who arc dead and those who are to bo born each contract of each particular state is but a clause in tho groat primceval contract of eternal society linking the lower with the higher natures connecting ibo visible and invisible world according to a fixed compact sanctioned hy the inviolable oath which botda all physical and ail moral natures each in then appointed place thh law is not subject to the will of tlinse who by an obligation above them and in finitely superior arc bound lo submit their wij to that law the municipal corporations of that universal kingdom arc not morally at liberty at their pleasure and on their speculations ofa contingent improvement wholly lo separate and i tear rwundcr ih hniulw of iti-mr- stbtvhtiriwrcrtmv mumty and to dissolve it unto an unsocial un lawful for the said corporation to hold shall be only fuch as shall be requisite for its immediate i if convenient transacting of the business or such as shall forfeit such shares as a to re said with the amount previously paid therenn and the said share or shares may be sold by the said directors and the sum arising therefrom together with the amount previ ously paid thereon shall be accounted for and divided in like manner as ether monies of the bank iv provided also and be i ftrther fyc that if the whole number of shares ftinll not he sub- d tl i and in or ic scribed within two months after the said dooks of subscription shaft be opene ease it shall and maybe lawful for any former subscriber or subscribers to increase his her or their fubscriptions and provided further that if the total amount of ubscriptions within the period aforesaid shall exceed the capital stock limited by this act then anc in such crse tho shares of each subscriber or subscribers above ten shares shall as nearly as may b projkirtfcnabl reduced until the total number ofshares be brought down to the limits aforesaid md provided nevertheless that the said limitation in respect to persons subscribing to the said capthl stock shall not extend or he construed to extend to prevent the acquisition of a greater numbt of shares bv purchase after the said bank shall have commenced its operations v and be it further fyc that the whole amount of the stock tate and property which the said corporation shall be authorised to hold inclu ling the capital stk or share bfore mentioned shall never exceed in value one hundred thousand pounds vi and be it further fyc that as soon as forty thousand pound shall have been subscribed it shall and may be lawful for such subscribers or the majority of them to call a meeting at some place to be named at kingston aforesaid for the purpose of proceeding to the election of the number of directors herein after mentioned and such election shall then and fhere he made by a majority of shares voted in manner hereinafter prescribed inrespectof the annual election of directors and the persons pi ration wh paid vufy the published at a distance of not less than thirty days from the time oueh i vii andbe it fyc that the stock property managed and conducted by ten directors one before provided br shall how their offices ft which drrectore shall be stockholders and shall be subjects of his majesty resitting in tins 1rovincc and be elected on the first monday in june in every year at such time of the day and at such place at kingston as the majority of the directors shall appoint and public notice shall be given by the said director in the different newspapers printed in the province of such time and place not more than sixty nor less than thirty days previous to the time of holding the said election and the said election shall be held and made by such of the said stockholders of the said bank as shall attend for that purpose in their own proper persons by proxy and all elections for directorsshall be by ballot and the ten persons who shall have the greatest number of votes at any election shall be the directors except as is hereinafter directed and if it should happen at any election that two or more persons have an equal number of votes in such manner that a greater number of person than ten shall by plurality of votes appear to be chosen as directors then the said stockholders herci before authorised to hold such election shall proceed to ballot asecond time and bv plurality of otcs determine which of the said persons so having an equal number of votes shall be director or direc tors so as to complete the wbofe number of ten and the said directors so soon as may be after 4he election shall proceed in like manner to elect by ballot one of their number to be a pjeident stockholders not residing within the province being ineligible ami if any director shall move nut of the said province his effice shall le considered vacant and if any such yzvtrcy crvenrccseli ni cny time happen among the directors by death resignation oi removal froo the said provincesucl vaeancv or vacancies shall be filled for the remainder of the year in whickfchey may happen hy special election for that purposeto be held in the same manner as is hereinheroradirected respecting annual elections atsuch time and place at kingston as the remainder of the directors or the majo rity of them shall appoint provided always that no person shall be eligible to be director who hall not be a stockholder to the amount of at least ten shares j viii andbe it further fyc that in case it should at any lime happen that an election of direc tors should not he made on any day when pursuant to this act it ought todjavebecn made iheud corporation shall not for that cause be deemed to be dissolved hut thai it shall and may be lawful on any other day to hold and make an election of directors in such manner as stall have been rpgu- sted by the laws and ordinances of the said corporation ix and be it further tyc that each stockholder shall he entitled to a number of voles propor tioned to the nymber ofshares which he or she shall have held in his or her own name at lerst three months prior to the lime of voting according to the following ratios thrt is to say at the rate of one vote for each shaie not exceeding four five votes for six shares six votes for e shares seven votes for ten shares and one vote for every five shares above ui stockholders actually re sident within the province of upper canada and none others may vote at elections by proxy provided always that no person copartnership or body politic shall be entitled to more than fif teen votes at anv such election x anil be it further fyc that it shall he the suty of the directors to make fcal dendvof so much of the profits of the said bank as to them or the majority of j thll aprenrad- or treasurer promising the payment of money in anv person or persons his her or their order or to hearer though not under the seal of the said generation shall be binding and obligatory upon the same in the like manner and with the liki force and effect as upon any private person or prsr3 if issued by him her or them in l h or their private or natural capacity or capa cities and shall be assignable or negotiable it like manner as if they were so issued by such private icron or perons xvii and be it further sc that every caier or clerk before he enters into the duties of his office shall give bond with two or more scciritie in such sum as may be satisfactory to the directors with condition for the faithful discharge of his duty xviu and be it further fyc that the said corporation shall not demand any greater interest on any loan or discount than at the rate of six percentnm per annum xix and he it further c that the director excepting the president kll not be entitled anv emolument for their service- and that fivedircctori shall constituted bosd for the transac- civ to tien of business of whom the president shall be we except in the case of gfefcneafl or absence in which case the directors present may choose a chairman for the said meeting xx and be it farther fyc that the said baak shall be established and the buildings neces sary for the accommodation thereof erected puehased or leased and the business thereof at all directors or the majority of them in any other part of the said province under such rules and n n each order oath to the provincial parliament once the said bank for the time being to make a rrfn year if required either by the legislative council or house of assembly which return shell contain a full and true account of the capital stock paid in bills in circulation of fire dollars aiu upwards not bearing interest bills in circulation under tive dollars not bearing interest bills and notes in circulation bearing interest 11 balances due to other banks cash deposited iu hiding affsums vhatoever d from the bank not bearing interest its bilh in circulation and balances due lo other banks excepted cash deposited bearing interest total amount due from the bank of the resources of the bank the gold silver and other coined meulj ia the banking house bhu of other banks balances due from other banks amount cf debts due including notes biils of exchange uud all stock and finidoidebts of every description excepting the balances from other banks tiital amount of the resources of the bank rate and amottlt of tho last dividend amount of reserved profit at the time of fcclaring the last dividend amount of debts due to the bank and not vaid and considered dotihtful xxiii and be it further fyc that the diitetars of the said bank shall not upon pain offor- feftuitt of their charter loan or advance any ftfcney or bills of the said bank to any stockholder ptccfchftld non tho credit of the stock which such stockholder or stockholders may hold c t m real estate luim uani lot t at- a ci saw ami su9tstls 23 rulrc from the ba stockliomer or stockholders endorsers in all res- any applicants for discounts not being wcllu i from en uia stovhuouorj xxiv and he it further fy that it shall be the dtit y of the director or cashier of lie rank to allow hiriiig the hours of business tttf mines of the stockholder in th said bank to be laknn by any stockholder who mat mkiuiro thft sam xx v and be itfurffuri c that this act bo and is hereby declared to be a public act apd ivrt the sarc may bo construed os such in his majestys court 11 ibis province unconnected chaos of elementary princi ple ii is the firet and the supreme necessity only a necessity that is o chosen but cvoof a necessity paramount to teliberbiian that ad mits no discussion and demands no evidence which alone can justify a re hurt- to anarchy this necessity is noexcrpiion to the ulc be cause this necessity itself is a part of that moral and physical disposition of things to which man must be obedient by consent or force but if that which is only submissinn to necessity should be made the object of choice the law is broken nature is disobeyed and tho rabclious are out lawed cst fun li and cx front this world of rpssnn and order wid peac and tiuue and fruitful penitence into the antagonist world of madness discord vice coofusion aod unavailim sorrow these my dar sir are were and i think long will be the sentiments of not the least learn ed ami reflecting part of this kingdom they who arc included in this description form their opinions on such ground as such persona ought to form them the less enquiring recave them from an authority which those whom providence dooms to live on trust need not beiabemedto rely on these two sorts of men mof e in the same direction tho in a different place thy both move with tho order of the universe they all know or feel this great ancient truth i quod ili prinripi et pro potcnti deo qui onnem hunc mundum regit nihil corum qira qntdera fiant in terras acccptius qiiam concjia et ctbtus lionrinum appellantur they heart not from wxi bears nor is derived but from that wliidt alono can ive true weight and sanction to any learned opinion this common nnturo and common relatfcn ot fnen persuad ed tmtau uuogsoughttobedoaejritbirbferenm and referring all lo the point of nrfetente to which all should be directed they think thenr selves bound not only as individuals in the sanctuary of the heart or as congregated in thai personal capacity to renew the memorf of their high origin and cast but also in their corporate character to perform their national bomafeto the institutor and author and proteetor of btvil society without which civil eocietmn could nut by any possibility arrive at the perfrction uf which his nature is capable nor even make a re mote and faint approach to it they conceive that he who cave our naturo to be perfected by our virtue willed alsd the rtceesery means of ils perfection lie witted therefore the elate he willed its connection witl th source nd original archetype of all perfection they who arc convinced of this his will which is the hiw of laws and the sovereign of nrercigas cannot k think it reprehensible that lhisour airpoite fealty and homage that this our recognition ofa seigniory paramount i had almost said thisobla- lion ol the stale itself as a worthy nffrringott ihc high altar of universal praise shoedd he per- xxvt andfaufum t f- visable and also once in every three years and oftener ifthereun nquired uy a mnjorin of th by boy nou3cr at any time prty v 1 1 votes of the stockholders to be piven agreeably to the ratios herein before etabll meetinetobe called for that purpose an exact and particular matcment of the o 1 j fi kp ptniration of the original credit for a cenod ot u that the present act of incorporalinn shall in nowise be forfeited efore ihe first ilajr of january one thousand eight hundred and fnvr vh and be it further fyc that nothing heroin contained shall be taken or construed to prevent he legislature of this province rt env time herrrftr from making such provisions a3 to thy ces imnunt description of notes which mrj be issued hy the said bank as may be deemed ne- e9fabl1i3tl at a sojierfl ie t whiji alv cesary ir u eny thing craia contained u construed to prevent the legislature from applying wrpmainedunnaid after the expiration of the original credit for a period of treble the lime of to the said bank any provisions or restriction which by any act of the parliament of this pro- that crerwl s the uiplw p if an after deductio lo536s md dividends vmcc be 8 or enforcod wll1i res t0 the bauk uppcf cm forniccl as all public solemn acta arc perfolmed in buildinjrs ii music in decoration in speech in the dignity of persons according to the cus- tomsof mankind taught by their nature that s with modest epiendrti with unasauining atale with mil j majosly end sober pomp for these purposes thry t i some part of the wealth of ilie country is as usefully employed as it can bo in fomenting the luxury of individuals it iathe public ornament it is the public consolation- t nourishes the public bop tho poorest man finds his own importance and dignity in it whilst the wealth and pride of individuals at every mo ment uftkei lilc p f humble rank and for sec my letter to the editor of tho u c co itr