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The Pamphlet Collection of Sir Robert Stout: Volume 47

Province of Nova Scotia

Province of Nova Scotia.

Liquor Licenses.

Chap. 1—The signatures of ratepayers to a petition for license must be attested by the oath of 1 or more witnesses Each separate sale illegally made within 6 mos. before the summons, constitutes a separate offence; but only one conviction may be had under a summons.

Elections.

Chap. 2.—The sheriffs are to sub-divide polling districts containing more than 300 electors, so that there shall be a district for each 200, and he may grant an additional district for a less number, if, by remoteness of any body of voters, it is expedient. He fixes a polling station in each, and furnishes the clerk of the peace with the boundaries, &c. The clerk furnishes them to the assessors, and they and the revisors enter the number of his polling place opposite each voter's name in their lists. Parts of 2 or more districts may be included in one new sub division. The City Clerk. Halifax, acts there instead of the clerk of the peace. The sub-divisions for House of Commons elections are to be followed when made.

Sheriff's Sales.

Chap. 3.—Provides that where a party has purchased property at Sheriff's sale and has been unable to obtain possession, he may take a rule nisi from the Court, after notice to the judgment debtor and party in possession, for a writ of possession. After hearing by affidavit or vivâ voce, the writ may issue and the sheriff execute it and put the purchaser in possession.

Juries in Civil Causes.

Chap. 4.—In Halifax, in all actions of libel, slander, criminal conversation, seduction, malicious prosecution and false imprisonment, before the Supreme Court all issues heretofore triable by jury, will continue to be so tried unless the parties or counsel waive such trial. In other civil causes, the trial will be had without Jury unless one of the parties, with his last pleading, demands one, giving notice to the other party. But at trial, after such notice, the parties may still waive the right, and consent being entered on the record, the judge proceeds alone: and the Judge may, in his discretion, direct a trial by Jury or without. This is not to affect cases in Equity.

Supreme Court at Truro and Amherst.

Chap. 5.—Provided for continuing the sittings at Truro till all business was concluded in June 1878, and making Amherst a separate circuit.

Chap. 6.—Provided for an extra panel of petit jurors, if needed for the June term at Truro.

Supreme Court of Kentville.

Chap. 7.—Provided that the October sittings (1878) at Kentville, should continue till all business was ended.

Debtors Imprisoned.

Chap. 8.—The relief granted by Chap. 137 of Rev. Stat. 3rd series, is extended to debtors imprisoned under process of the County Courts. When a debtor has not applied for relief under the Act, and has not been relieved by operation of the Insolvency Act, the creditor alleging against him fraud, under section 10, may bring him before the Court, and upon proof of the fact, procure his remand for a year. Previous proceedings for relief of debtors in the County Courts are declared to be valid.

County Courts.

Chap. 9.—A County Court judge may hold chambers at any convenient place in the page 112 assize town where he resides. Criminal appeals from Magistrates and Municipal Courts go to the County Courts. When a judge orders a jury trial, he may postpone the case to any day thereafter. And he may order a re-trial by jury of any case heard before him at any time before he gives judgment. Fees are to be as in like causes in the Supreme Court. He may grant rules nisi, to revise and set aside his. judgments on points of law, or on non-suit or on arrest of judgment or Judgment non obstante,— an appeal lying from his Judgment thereon, as from the former Judgment in causes over $40. He may in his discretion set aside the finding of a jury, as in the Supreme Court. Jurisdiction is given in replevin cases up to 400. Writs of certiorari may issue to the County Court as to the Supreme Court. No rule for an appeal shall stay proceedings, unless it so orders or security for the judgment is put in. The appeal to the Supreme Court goes when the sum actually in dispute is over $40, whatever the judgment. And the judge may grant an appeal from his judgment on a point of law in a cause for a less amount The Supreme Court or a Judge thereof quashes the appeal for non-entry for argument. The 25 cts. Jury fee on issue of writ is abolished in cases under $80. Causes out of the Supreme Court from any district left to reference, may be referred to the County Court judge. The Clerk of the County where the judge resides, keeps a separate register of his Judgments in the other counties and transmits to the County Clerks, authentic copies for entry by them. Sheriff's fees, computed from the office of the clerk issuing the process, are as in the Supreme Courts.

County Assessment.

Chap. 10.—County Assessors hold office for 3 yrs.—one going out in each locality and one being elected each year.

Assessment Rolls and Voters' Lists.

Chap. 11.—Confirmed these rolls and lists for 1878, notwithstanding irregularities.

Jury Lists and Panels.

Chap. 12.—Rendered legal and valid all jury lists and panels for the year, notwithstanding irregularities.

Township and County Officers.

Chap. 13.—The fees of the Chief Constable serving process count from his residence. 2 J. P. may add to an insufficient number of Highway surveyors, as well as appoint in default of the Sessions.

Mines.

Chap. 14.—Complaints, under the Act, must be made within 6 mos. after the cause came to the knowledge of complainant. The rule in subs. 3 of s. 40 of chap. 1 Rev. Stat, is confined to sub-marine areas, where there is less than 500 ft. of solid measures overlying the seam

Chap. 15.—The royalty on copper ore is 10cts. on every ton of 2,000 lbs.

Public Charities.

Chap. 16.—Authorizes the appointment by the L. G. in C. of Comrs. who, with the Comrs of works and mines (ex off. chairman) form a board of public charities with control of the Prov. Hospital for the insane, the Poor's Asylum, and the Prov. and City Hospital. And the Mayor of Halifax shall be ex off. one of the members. Those appointed hold office for 3 yrs., 1 retiring each yr. thereafter, but being eligible to re appointment. Comrs. may be removed for malfeasance. Salary $1,200 per an. to be apportioned, according to attendance, among the three. 3 members are a quorum, but money votes require the presence of the chairman. The Depy. Comr. of W. and M is Secretary Officers, attendants, &c., may be appointed when chairman and 3 other members are present, those for the Insane Hospital on recommendation of the Superintendent. The Comrs. manage and control all property of the charities, but may not dispose of it without consent of the L. G. in C. They make regulations, subject to the like approval, for the management of the charities. They acquire all their assets and assume all their liabilities. They are visitors, and must visit twice each year, other charities in Halifax and Dartmouth receiving government aid and report to the L. G. in C. The powers vested in the Comrs. of W. and M., the Prov. Govt., the City of Halifax and Comrs. of the P and C. Hospital and Poor's Asylum, with respect to the above charities are vested in the Comrs. under this Act. The medical staff of the Insane Asylum is to consist of a Medical Superintendent, being a practitioner of 10 yrs. standing, who must, with his family, reside on the premises, and give his whole time to its service. Salary $2,000, with lodging, fuel and gas; and 2 assistants, 1 appointed each year by competitive examination, with a degree of M.D., unmarried, residing, and holding office for 2 yrs. (but may be appointed for a 3rd). Salary for senior $480, Junior $350 with lodging, &c. No Comr. can be a contractor or surety for a contractor for supplies. No expenditure beyond that for ordinary maintenance may be incurred without consent of the L. G. in C. The Comrs accounts are subject to government audit.

Roads and Bridges.

Chap. 17.—The payment to Supervisors of Roads is to be taken out of the road grant to the county.

Preservation of Birds and Animals.

Chap. 18.—The close time for woodcock, snipe, blue-winged duck, or teal is from the 1st of March to 1st of August. Officers in either of H. M's. services are exempt from the license fee when subscribing members of the "Game and Inland Fishery Protection Society, of Nova Scotia." The privileges conferred by license are the killing of birds and animals protected by c. 13 of Acts of 1874, c. 0 of 1875 and c. 25 of 1877, forming the game laws of the Province. Prosecutions must be commenced in 3 mos.

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Public Instruction.

Chap. 19.—The Provincial Superintendent's salary is $2,000, with $400 for travelling expenses and contingencies.

Provincial Treasurer.

Chap. 20.—The Prov. Sec. is ex off Prov. Treasurer, and gives security, himself in $16,000 and two sureties in $8,000 each. He receives all moneys paid to Government and deposits them in bank as the L. G. in C. directs. The L. G. in C. directs the forms of books to be kept and accounts to be filed with him. Moneys are to be paid out on his warrants directed to the chief clerk, hereafter the cashier, who shall give bonds himself in $4,000 and two sureties in $2,000 each. The Secretary receives no additional salary. That of the cashier is $1,600.

Independence of the Assembly.

Chap. 21.—Postmasters, Post-office keepers, or way office keepers and mall carriers are not, disfranchised in elections for the General Assembly.

Windsor and Annapolis Railway Guarantee.

Chap. 22.—The Provincial guarantee is extended to the whole $75,000 of A. Debenture stock of the above Railway.

Middleton and Lunenburg Railway.

Chap. 23.—The Co. is relieved of the obligation to diverge from the direct line to pass within six miles of Pleasant River Bridge in Queen's, and the subsidy is reduced in proportion to the reduced mileage; but this Act does not take effect till the Co's. security is renewed.

Railway Aid.

Chap. 24.—The time for giving security for constructing the road from the Strait of Canso to Broad Cove, is extended to 4th April, 1879. and the privileges and conditions of obtaining a subsidy are enlarged for that time. Also the time for contracting for a line from the Strait to a point on the Bras D'Or to be named by the L. G. in C.: also the provisions of c. 3 of the Acts of 1876, s. 4 as regards such railway.

Supplies.

Chap. 25.—Grants $564,000 for the services of the current year, of which $2,100 for charges on the civil list, $10,000 for encouragement of Agriculture, $185,000 for Education, $50,000 for expenses of Department of Local Works and Insane Asylum, $1,000 for Immigration, $38,600 for allowance to members and expenses of Legislature, $175,000 for roads and bridges, and $22,000 for steamboats, ferries, &c.

Local Acts.

Chap. 26.—Authorizes the City Council of Halifax to erect buildings for Agricultural and Industrial Exhibition. It may use any vacant land of the city or purchase it for the purpose, and raise $20,000 on 6 p.c., 20 yrs., debentures, to pay for land and buildings.

Chap. 27.—The power of assessment by the City Corporation of Halifax for Public Gardens is not limited to the maintenance of those purchased from the Horticultural Society.

Chap. 28.—This Act apparently is intended to base Sewerage assessments upon the value by lineal foot, of the lots drained; but it does, according to its letter, make the word "assessments" used in former Acts mean the value of measurement, it is to be supposed, by a surveyor.

Chap. 29.—Provides for the putting in secure condition of Dangerous Buildings in Halifax, whether built or in course of construction, after notice from the Inspector, whose duty it is made to give it. If the owner or builder do not comply with his notice in 48 hours, he is liable to a fine of $50. and Imprisonment for 6 mos., if not paid or levied on his chattels. The Magistrate, on conviction, orders the building to be moved or pulled down, under the same penalties for neglect. If the proper parties on whom to serve the notice cannot be found, notice is posted on the building for 10 days, and inserted in the Royal Gazette for 14 days, and if not obeyed the Inspector may tear buildings down.

Chap. 30.—The M. P. P. for Halifax may borrow on security of the Road Moneys, $3,000 to improve the main Post Roads in the Western Division of the County, to be repaid with 7 p. c interest out of the grants for 1878 to 1882 inclusive.

Chap. 31.—Legalizes the Assessment Rolls for Annapolis made under the Act 41 V., c 42.

Chap. 32—Authorizes the Custos and Treasurer of Antigonish to borrow $16,000 to pay land damages for the Railway from New Glasgow to the Strait of Canso, issuing 8 p. c. debentures payable by instalments in 4 yrs.

Chap. 33.—The Grand Juries for Cape Breton County for the Sessions of the Peace are to consist, after 1878, of 1 juror drawn from each of the 14 polling districts. 9 form a quorum.

Chap. 34.—For the completion of the Normal School Buildings, Truro. the Trustees under c 48 of the Acts of 1876, are authorized to borrow $9,000, $5,000 payable in 5 yrs and $4,000 in 6 yrs. with 6 p c. int., the amt to be paid into the Provincial Treasury and drawn therefrom as required by the L. G. in C.

Chap. 35.—Provides for the re-appraisement of Land Damages for the Western Counties Railway through Digby, by 3 appraisers, one named by the sessions of the County, one by the claimants now contesting the former appraisement and a third by those two—neither of them to be residents or freeholders of the County. The L. G. in C. appoints if the others fail to do so.

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Chap. 36.—To build a road from Bear River to Victoria Bridge, the M. P. P. for Digby may borrow $1,800 to be repaid with 7 p. c. int. out of the road moneys of 1879, '80 and '81.

Chap. 37—The Grand Jury for Clare District, Digby, is to consist of 12,—2 each drawn from polling districts 9, 12 and 14, and 3 each from 10 and 11, one-half to continue for 2 yrs. 7 to form a quorum.

Chap. 38.—To construct a Draw Bridge in that at Milford Haven, the M. P P. for Guysbourgh, are authorized to borrow $3,000, to be repaid in 5 instalments with 7 p c int., out of the road moneys for 1879 to 1883.

Chap. 39.—The Grand Jury for St. Mary's District, Guysborough, consists of 14 jurors, viz.:—4 from Sherbrook polling district, 3 from "the Forks," 1 from Goschen, and 2 each from Caledonia, Indian Harbour and Marie Joseph.

Chap. 40.—To build a Bridge over the Cogmagun River, the M. P. P. for Hants may [unclear: borrow] 3,000 repayable with interest at 7 p.c., in 4 instalments out of the road moneys of the years 1879, '82.

Chap. 41.—Incorporates the Town of Windsor. The Corporation consist of a Warden and 6 councillors,—2 for each of the 3 wards into which it is divided, 1 for each ward to retire annually, and the Warden to be elected annually. Resident rate-payers and non-resident proprietors are voters. The limits include the harbour, wharves, Ac. Debentures may be issued lor purchase of necessary lands and erection of needful buildings for town purposes, or carrying out improvements, if a majority of a meeting of rate-payers consent. They are to be for not less than $100 each must be redeemable in 20 may be redeemed in 5 yrs. Interest 6 p. c., payable half-yearly, and a sinking fund may be provided.

Chap. 42.—A Street Commissioner for Windsor is to be appointed annually by the Hants Sessions.

Chap. 43.—The School Trustees of Section 29 Maitland, may have 10 yrs. within which to raise by assessment the equal annual instalments necessary to pay for the school house and lands attached.

Chap. 44.—The Grand Jury for Chester District, Lunenburg, are to be 13, viz:—9 from Chester polling district, 2 from New Ross and 1 each from Sandy Beaches and Mill Cove. 8 are a quorum If a quorum be not present at the opening of Sessions the Custos or J. P. presiding, may appoint from those qualified in or about the Court House—but preserving the above proportions.

Chap. 45.—Merigomish Island is severed from polling district No. 21 Pictou and restored to No. 19.

Chap. 46.—The town Council of Pictou Is authorized to raise upon 6 p.c deben-tures, after consent of a town meeting, $10,000 for a new Academy, debentures to be redeemable in 10 to 20 yrs., after 6 mos. notice to holders. Also similar debentures on same authority for a steam fire engine outfit and fire alarm bell, redeemable in 6 to 12 yrs.

Chap, 47.—The Custos and Treasurer of Pictou County may raise upon 7 p.c. County debentures a sum of money sufficient to pay off railway damages, for the construction through the County of the Eastern Counties and the Halifax and Cape Breton railways.

Chap. 48.—In the County of Victoria, electoral district No. 2 is divided into districts 2 and 14. 2 comprising the part north and 14 south of the Bras d'Or lake.

Chap. 49.—Gives the name of Seaside Village to the tract on the south side of the Great Bras d'Or, between the lands of Rod. McLeod and Wm. McDonald.

Chap. 50.—Authorizes the Clerk of the Peace for Yarmouth to add $1,000 to the rates of that township for police service, to pay reward for conviction of incendiaries, offered by Custos in 1877, and advanced when conviction was procured.

Chap. 51.—The Stipendiary or Police Magistrate of Yarmouth has the jurisdiction throughout the County of 2 J. P.

Chap. 52.—T. Killam and H. Cann are named Comrs. for the town of Yarmouth, to purchase a steam fire engine and appurtenances, and a hand-engine,—issuing debentures of $100 and $200 therefor to the extent of $8,000 bearing 6 p.c. interest payable half yearly. Capital sum repayable in sums of $800 per an. The necessary sum to be voted at the March Sessions each year.

Private Acts.

Chap. 53.—Amends Acts relating to Western Counties Ry. Co., extends time for completion of Ry. to 7th May, 1879; security to amount of $500,000 to Government must be renewed.

Chap. 54.—Further amends the charter of the Western Counties Ry. Co., authorizing the Directors to issue debentures for such amt. as shall be necessary not to exceed £780,000 sterling.

Chap. 55.—Incorporates as the Cape Breton Railway, Coal and Iron Co., E W. Plunkett and his associates, for constructing a railway from a suitable point on the Strait of Canso, or other convenient place or harbour adjacent to said Straits, to Louisburg or Sydney by way of St Peters with branches to West Bay. Whycocomagh, Broad Cove or other points on Bras d'Or lake. Capital $1,000,000 in 10,000 shares of $100 each to be increased if necessary. Co. may issue 6 p.c debentures to amount of $4,000 sterling for each mile of railroad. Works to commence within 2 yrs.

Chap. 56.—Enacts that the provisions of Chap 55 shall apply to any person or persons or Co. that may contract for the construction of the Railway from the Strait of Canso easterly through the Island of Cape Breton.

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Chap. 57.—Amends the charter of the Inverness Railway Co. stock issued for the purchase of mines, lands and mining property shall be taken to be fully paid up, and shall not be subject to any other calls. And stock so issued shall be taken as a basis for organization of the Co. The name is changed to the "Inverness Coal, Iron and Railway Co." It may issue preferential stock to amount of $100,000.

Chap. 58.—Incorporates, as the Crescent Oil and Pipe Line Co., A. R. Reed, W Reed, J. R. Handy. J. R. Clark, A McKay. R. H. Dougall, J. Janny, A. L. Hyde, and G. B. Streck, with power to hold real estate in the Island of Cape Breton, and elsewhere in the Province of Nova Scotia. Capital $100,000 in 5,000 shares of $20 each. Works to commence within two years.

Chap. 59.—Incorporates, as the Inverness Oil and Pipe Line Co. B. H. Eaton, and A Nelson, with capital of $100,000 in 5,000 shares of $20 each. The Co. shall not go to work until 25 p c. of the stock shall have been paid in. Works to commence within two years.

Chap. 60.—Incorporates, as the Burrell Johnson Iron Co. (limited) J. Burrell, G.W. Johnson, N. W. Blethen. W J. Lovitt, H. Cann, A. C. Robbins, F. Dennis, B. Doane, N. Churchill, and A. Goudey, for the purpose of carrying on the business of Iron and Brass Founding and general engineering, &c Capital $139,500 to be divided into shares of $500 each, 66 2/3rd p.c. of said stock to be paid up before organizing. Co may hold real estate to amount of $50,000.

Chap. 61.—Incorporates, as the Ocean Marine Railway and Dry Dock Co. J. R Noonan, C. W. Gordon, C. T. Irving, R. Doull, C. Dwyer, T. Robley, and W. K Henderson, for the purpose of erecting and employing marine railway slips and dry docks in the County of Pictou Co. may hold real estate to the amount of $50,000. Capital $30,000 in shares of $25 Co. may go into operation as soon as 600 shares are sucscribed, and $8,000 paid in on account thereof.

Chap. 62.—Incorporates, as the Nova Scotia Fire Insurance Co. (limited) B. Smith, G. Mounce, E. W. Dimock, G. P. Payzant, T Aynvard, M. Curry, S. Dimock, J. A. Shaw, T. B. Smith, J. B. North. and A. Haley. Head office in Windsor, Hants. Capital $100,000 in 1,000 shares of $100 each. Co. shall not go into operation until $20,000 of said stock shall be paid up It can hold real estate of the value of $20,000. Shareholders liable for double the amount of their stock.

Chap. 63.—Incorporates, as the Yarmouth Skating Rink Co., A. C. Rob-bins, S. Killam, jun., A. W. Eakins, and T. R. Jolly. Capital $8,000 in 800 shares of $10 each with power to increase the same to $12,000.

Chap. 64.—Incorporates, as the Windsor Foundry Co., E. W. Dimock, J. Smith. C. H, Dimock, and H. Dimock. Capital $40,000 in shares of $100 each with power to increase to $60,000 Co. shall not go into operation until 25 p. c. of the stock shall have been paid in. Co may hold real estate to the value of $30,000. Shareholders liable for double the amount of their shares.

Chap. 65.—Incorpoiates, as the Windsor Plaster Co., E. W Dimock, A. P. Shand, W. Dimock, W. H. Blanchard, and A. Haley Capital $20,000 in 2,000 shares of $100 each. The Co. shall not go into operation until 10 p. c. of capital is paid up. Members liable for double the amount of their stock. Head office at Windsor. Directors may borrow upon bonds and debentures in sums of not less than $100.

Chap. 66.—Incorporates J. Douglas, W. A. Sutherland and J. A. Hood, by the name of "Scotia Lodge, No. 11." of the Independent Order of Odd Fellows. Corporation may hold real estate to amount of $5,000.

Chap. 67.—Incorporates, as the "Moore Lodge, No. 17, Independent Order of Odd Fellows," G. Cunningham. W. Pickens, J. A. Campbell, R. McDonald, T. W. Turn-bull and S. McDonald; Corporation may hold real estate to the value of $4,000.

Chap. 68.—Incorporates, as "The Trustees of James Church Congregation. New Glasgow," T. F. Foreman, G. W. Underwood, J. W. Fraser, sr., W. Poison and J. W. Fraser, trustees of that congregation in connection with the Presbyterian Church of Canada. All real or personal estate belonging to congregation is vested in said trustees. They may hold real and personal estate to the value of $30,000.

Chap. 69.—Enacts that the members of any Baptist Church in Nova Scotia may, by a majority of votes, elect from the members 3, 6 or 9 persons as a board of trustees; and such trustees and their successors in office shall be a body corporate on behalf of said church and have charge of the property, both real and personal of such church.

Chap. 70.—Authorizes J. J. O'Brien, J. Densmore and J. G. McLellan to sell and dispose of the old Presbyterian Church at Noel, and to appropriate the proceeds of such sale in equal proportions amongst the parties legally or equitably entitled thereto.

Chap. 71.—Con firms the sales by L. Rand, Comr. of Sewers, of 6 acres of reserved lands and the abbateau appertaining, and belonging to the proprietors of the lands enclosed by the Grand Dyke and the abbateau thereof across the Cunard River in the Co. of Kings and authorizes him to grant deeds and collect purchase money.

Chap. 72.—Authorizes the Trustees of School Lands for the Township of Newport to sell the school farm in Burlington. The amount realized to be invested on mortgage for the benefit of the schools in the said township.

Chap. 73.—Incorporates the Mackenzie Temperance Reform Club. J. W. K. Johnston, President; W. M.Carey, E. C. Fairbanks, W.J. Coleman, sr., and H. S. page 116 K. Neal are a Board of Trustees vested with its property. May hold property worth $10,000; and the club building is exempted from taxation.

Chap. 74.—Incorporates, as the Dartmouth Temperance Reform Club, W. H. Weeks, R. Motton, H. J. Parker. J. B. Elliott, A. Wisdom. E. M. Walker, J. E. Leadly, J. Lawlor and J. McBaine: may hold real estate in the municipality of Dartmouth to the value of $8,000; Club may mortgage real estate.

Chap. 75.—Incorporates, as the Windsor Temperance Reform Club Hall Co., E. W. Dimock, Wm. Curry, A. P. Shand, D. P. Allison, T. Aylward. M Curry, T. B. Smith, J. W. Morris, W. Dimock B. Black, A. Haley, L. Curry, P. G. Smith and C. W. Knowles Capital 810,000, in 2,000 shares of $5 each, with power to increase to $20,000. Co. may hold real estate to value of $20,000; may borrow money on mortgage of said real estate, or sell the same.

Chap. 76.—Extended the time for appeal by Benjamin Gerroir from appraisement of damages awarded to him for lands expropriated for the construction of the Ry. between New Glasgow and the Strait of Canso, for 14 days.

Chap. 77.—Incorporates, as the Wade-Ville Cemetery Co., E. Bent, A. Wade, V. Eaton. Wm. B Troop and W. Withers. The trustees have power in their name of office to sue and be sued, &c.

Chap. 78.—Incorporates as the Bellevue Cemetery Co., River John, C. McLennan, J. Kitchen, J. Henry, J. McKenzie, J. It. Collie, G. Gordon, Jr, Wm. Mcintosh and J. D. Gould. Co. may hold real estate to amount of $16,000. It may borrow $2,000 on bond or loan certificate. Members liable for double the amount of their stock.