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the Board of Arbitration of the Oshawa Board of Trade, in the case aforesaid, under the penalty aforesaid, to be paid by the party refusing to perform such award, to the party ready and willing to perform the same.

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FORM OF OATH TO BE TAKEN BY MEMBERS OF THE BOARD OF
ARBITRATION.

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I swear that I will faithfully, impartially and diligently perform my duty as a member of the board of arbitration of the Oshawa Board of Trade, and that I will in all cases in which I shall act as arbitrator give a true and just award according to the best of my judgment and ability, without fear, favor or affection of or for any party or person whomsoever. So help me God.

CHAP. 69.

An Act respecting "The Central Prison for the Province of Ontario."

[Assented to 23rd May, 1873.]

WE

HEREAS the Legislature of the Province of Ontario has Preamble. passed an Act for the establishment, maintenance and management of a reformatory prison to be called "The Central Prison for the Province of Ontario; and it is expedient that provision should be made by the Parliament of Canada in respect thereof: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. After a proclamation has been issued by the Lieutenant Sentencing of Governor of the Province of Ontario declaring the prison build- offenders to imprisonment ings now being erected in the City of Toronto, and the lands to be in the Central used in connection there with, to be "The Central Prison for the Prison. Province of Ontario," every court of criminal jurisdiction in the said Province, before whom any person shall be convicted of any offence punishable by imprisonment in the common gaol for a period of two months or for any longer time, may sentence such

offender

Transfer of

Prison.

offender to imprisonment in the said Central Prison for such period of two months or for such longer time, instead of in the common gaol of the county where the offence was committed or was tried.

2. After any proclamation shall have been issued as aforesaid prisoners from all common gaols persons then or thereafter confined in any of the common gaols to the Central of the said Province under sentence of imprisonment for any offence may, by direction of the Provincial Secretary of Ontario, be transferred from such common gaols respectively to such Central Prison, there to be imprisoned for the unexpired portion of the term of imprisonment to which such persons were originally sentenced or committed to such common gaols respectively; and such persons shall thereupon be imprisoned in such Central Prison for the residue of the said respective terms unless they be in the meantime lawfully discharged or removed, and shall be subject to all rules and regulations of such Central Prison.

Warden to receive and

detain offenders.

Employment

of convicts on

works without the prison.

Removal of prisoners.

Discharge of prisoners.

3. The Warden of the Central Prison shall receive into the said prison every offender legally certified to him as sentenced to imprisonment therein; and shall detain him subject to all the rules, regulations and discipline thereof, until the time to which he has been sentenced shall be completed or until he shall be otherwise discharged in due course of law.

4. The Lieutenant Governor of Ontario, by Order in Council, may, from time to time, authorize, direct or sanction the employment upon any specific work or duty, without or beyond the walls or limits of such Central Prison, of any of the prisoners confined or sentenced to be imprisoned therein; and all such prisoners shall, during such last mentioned employment, be subject to all the rules, regulations and discipline of the said Central Prison so far as the same may be applicable, and to such other regulations for the purpose of preventing escapes and otherwise as may be approved by the said Lieutenant Governor in that behalf: Provided that when any such prisoner or prisoners shall be so employed without the walls or limits of such Central Prison, it shall only be done under the strictest care and supervision of officers appointed to that duty.

5. The said Lieutenant Governor may, from time to time, by warrant signed by the Provincial Secretary of Ontario, or by such other officer as may be authorized by the Lieutenant Governor in Council in that behalf, direct the removal of any offender from the Central Prison to the Provincial Reformatory or from the Central Prison back to the common gaol, or to any other gaol, or from the said Reformatory to the Central Prison.

6. Whenever the time of any prisoner's sentence in the said Central Prison shall expire on a Sunday he shall be discharged on the previous Saturday, unless he desires to remain until the Monday following.

CHAP.

CHAP. 70

An Act to amend chapter fifty-eight of the Consolidated
Statutes of the late Province of Canada.

H

[Assented to 23rd May, 1873.]

ER Majesty, by and with the advice and consent of the Senate Preamble. and House of Commons of Canada, enacts as follows:-

eight per cent.

1. Notwithstanding anything in chapter fifty-eight of the Con- Certain corsolidated Statutes of the late Province of Canada, intituled: porations may take any rate "An Act respecting Interest," any corporation constituted for of interest religious, charitable or educational purposes in the Province of not exceeding Ontario or Quebec, authorized by law to lend or borrow money may hereafter stipulate for, allow and exact on any contract or agreement whatsoever, any rate of interest or discount which may be agreed upon not exceeding eight per cent. per annum; but, subject to the right to take such increased rate of interest, the said Act shall continue to apply to any such corporation

CHAP. 71.

An Act respecting Interest and Usury in the Province of
Nova Scotia.

[Assented to 23rd May, 1873.]

ER Majesty, by and with the advice and consent of the Preamble.
Senate and House of Commons of Canada, enacts as

HE

follows:

is fixed.

1. In the Province of Nova Scotia in all cases where interest is Interest, or may be chargeable or recoverable by law or by any contract where no rate express or implied, and the rate of interest shall not have been agreed upon in writing as hereinafter provided, such rate shall be six per cent. per annum.

2. Any person may nevertheless stipulate and agree in writing When secured for any rate of interest not exceeding seven per cent. per annum, on land, &c. for the loan or forbearance of money to be secured on real estate

or chattels real: any person may also stipulate in writing for or When only on may receive in advance any rate of interest not exceeding ten per personalty or personal cent. per annum, where the security for the payment of the money security. consists only of personal property or the personal responsibility of the party to whom forbearance is given or others.

3. In any action brought on any contract whatsoever, in which In action on there is directly or indirectly taken or reserved a rate of interest contract, deexceeding

20

fendant may

have interest reduced to legal rate.

Exception as to bottomry bonds.

Repeal.

Act not to extend to existing contracts, &c.

What law shall apply to them.

Act not to extend to banks.

exceeding that authorized in the second section of this Act, the defendant may, the same being duly pleaded as in other cases, prove such excessive interest, and it shall be deducted from the amount due on such contract.

4. The foregoing provisions shall not extend to any hypothecation or agreement in writing entered into for Inoney advanced upon the bottom of a ship or vessel, her cargo or freight.

5. Sections one, three and six, of chapter eighty-two of the Revised Statutes of Nova Scotia, second series, intituled "Of interest," continued in force in the Appendix to the Revised Statutes of Nova Scotia, third series, page 741, are hereby repealed, except as provided in the next following section, with respect to the cases therein mentioned.

6. Nothing in this Act shall extend to or be construed to extend to contracts or securities entered into before the passing of this Act, or to legalize any previous contract, security or loan, made, entered into, given or taken before the passing of this Act; but all such contracts, securities or loans shall be construed, considered and dealt with, as well in civil suits as in proceedings for penalties, as if this Act had not been passed; and for all such cases the said chapter eighty-two of the second series of the Revised Statutes of Nova Scotia, intituled "Of interest" shall be considered in force and unrepealed.

7. Nothing in this Act shall extend or be construed to extend or apply to or affect any chartered bank.

CHAP. 72.

Preamble. 34 V.c.7.

Sections 6, 9, 87. 18 and 23 amended as to

An Act to amend the Act respecting certain Savings
Banks in the Provinces of Ontario and Quebec.

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[Assented to 23rd May, 1873.]

N amendment of the Act passed in the thirty-fourth year of Her Majesty's reign, and intituled: "An Act respecting certain Savings Banks in the Provinces of Ontario and Quebec," Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:-

1. So much of the sixth ninth, seventeenth, eighteenth or twenty-third sections, or of any other part of the said investment of Act, as requires that the capital stock or any part of the capital stock of a Savings Bank to which the Act applies, shall be or remain invested in Dominion stock or other Dominion securities, or securities of any of the Provinces of the Dominion,

stock and deposits.

or

or as provides that beyond the amount of its subscribed
capital stock a Savings Bank to which the Act applies shall make
no investment of moneys deposited there with, except only in the
debentures or Dominion stock therein mentioned, or as empowers
the Receiver General to issue to any such bank, Dominion stock
bearing interest at a rate greater by one per cent. per annum than
that which at the time of such investment the bank is directed by
the Governor in Council to pay to depositors, is hereby repealed,
except only as respects such last mentioned Dominion stock issued
before the passing of this Act; and it shall be lawful for any such
Savings Bank to invest or loan any amount whatever of the moneys
deposited with it or of its capital stock, in any manner in which
it may under the provisions of the eighteenth section of the said
Act, invest or loan any amount of the moneys deposited with it:
Provided always, that every such Savings Bank shall always Proviso.
hold at least twenty per cent. of the moneys deposited with it
in Dominion securities or deposits in chartered banks, on call.

returns by the

2. Monthly returns shall be made, by every bank to which Monthly the said Act applies, to the Government, and shall be made up Bank to the within the first ten days of each month, and shall exhibit the Government. condition of the Bank on the last juridical day of the month next preceding; and such monthly returns shall be signed by the President or Vice President, or the Director then acting as President and by the Manager, Cashier or other principal officer of the bank at its seat of business, and shall be published in the Canada Gazette; and such monthly returns shall be in the fol- Form thereof. lowing form, and shall be instead of any periodical returns (if any) required by the charter of the Bank, except the certified lists of stockholders; and the first of such monthly returns under this Act shall be made within the first ten days of the month of July in the present year, 1873:

RETURN of the amount of Liabilities and Assets of the (name of the Bank) on the

CAPITAL STOCK, $

day of

CAPITAL PAID UP,

A.D. 18

$

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LIABILITIES.

1. Dominion Government deposits, payable on demand
2. Provincial Government deposits, payable on demand
3. Other deposits, payable on demand...
4. Dominion Government deposits, payable after notice
or on a fixed day....

......

5. Provincial Government deposits, payable after notice or on a fixed day....

6. Other deposits, payable after notice or on a fixed day...

7. Special Poor Fund or Charity Fund Trust..

8. Liabilities not included under the foregoing heads

201

$ cts.

ASSETS.

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