Section 111. It shall be. lawful for the said Company to carry on, prosecute, and extend the cultivation of the t

111. It shall be. lawful for the said Company to carry on, prosecute, and extend the cultivation of the tea plant in the lands - to hold land for the cnl- empowered which'have already been granted to, and all and eveiy the and othcr prodncta. tivation of the tea plant lands which may be taken by, or granted to the said & Company in Assam and the North-East parts of India, a,nd to manufacture and dispose of the tea, the growth thereof, and generally `to` Q 0 ACT No. IV `OF 1855.` to carry on the business of cultivating the tea plant, and manufacturing or preparing the same for sale and exportation, and also (if they shall deem it advisable) to engage in,- prosecute, eai-ry on, or extend the cultivation, manufacture, and preparation of all or any such other products of land, save as hereinafter excepted, as may be found expedient, and for such purposes to take and hold a<ild make any such grants, leases, and purchases, ahd other acquisitions of land for any term of years as the Governor-Genepal in Council shall approve ; such approval to be signified in writing under the hand of one of the Secretaries t'o the Government of India : and if requisite to sell, dispose of, and alienate the'same or m y part thereof respectively : and to form, erect, and make all such establishments, buildings, works, and conveniences as the said Company shall think proper, and generally to use all such other ways and means as to the said Com.pany shall seem meet for carrying intc effect the objects aforesaid. Frovided always t,hat the mid Company shall not engage in or prosecute the manufacture of salt: Proviso. or the cultivation or preparation of opium without -the special license of the local Government first obtained. IV. The capital of the said Company shall consist of Company's. Capitnl of the corn-[Rupees 5,000,000 to be contributed in 10,000 shares of ] pnny. Company's Rupees 500 each, which shall be the original capital of the said Company, and of such further sum as mag be raised by the creation and sale of new shares as hereinafter provided for. Prorided always that it shall and may be lawful for the said Com- Proviso. pany at any time, and from time to time, to increase the capital of the said Company to any amount not exceeding,one crore of Company's Rupees altogether, by the issue of fresh shares of Compauy's Rupees 500 each upon such terms as to them shall seen1 fit. V. It shall not be lawful for the said Company to raise nloney by Power to raise money way of loan to a greater amount thin one-fifth of the capi- `by` loan. tal of the said Company. VI.[All and every the grants of land already made, obtained, or con- ] tracted for by the said Company, &d the plantations and A11 property vested in the incorporated Cornworks made and erected thereon, and the produce thereof, Puny. and all oaces, warehouses, and b~~ildings, and all article8 whatsoever thereupon or appertaining thereto or used therewith ; and all property, real and personal, goods, articles, and things whatsoever purchased, 6 tak en, ACT No. IV OF 1855. taken, bought, grown, produced, or otherwise acquired for the purposes of the said Company, and all the estate, right, title, and interest whatsoever therein both at law and in equity, to all intents and purposes shall hencefort11 vest in and belong to the said " Assam Company" and their successors ' I in their corporate capacity ; and no individual subscriber or shareholder thereof shall, i s such, have or pretend to any estate, ownership, or right of property therein. VII. The said Company shall have full power to make and constitute Power to nlake any bye-lams, rules, and regulations not repugnant to lawe. Bye-laws of former Company to couti~lue[law or to this Act, for and relating to the government ] in force. and ailairs of tche Coxnpany and for the government and guidance of the Directors and Officers, and from time to time abrogate, alter, and vary the same ; and such of the provisions of the deed of co-partnership or settlement of the said Company bearing date the 31st day of January 1840, as have n& since been altered or abrogated, and other the rules, byelaws, and regulations of the said Assam Company now in force shall, until duly altered or abrogated, constitute and be the first bye-laws, rules, and regulations of the said Company under this Act and shall have and take effect, as such, so far and in snch pa,rticll.lars as the same are not repugnant to law or to this Act. 5 VIII. A general meeting of the said Cornpany shall be held at the principal office or place of business of the said Company a t Time and mode of holding general a11d exCalcutta twice at the least in every year, and oftener, when traordinary meeth~gs. . and if need shall be ; the time of holding which periodical meetings, and the form and mode of requisition for holding special or ext.raordinary meetings, and of advertising and giving notice thereof respectively, shall be settled and determined by the bye-law8 or rules of the said Company : and at all such meetings, whether periodical or special, every proprietor holding 5 shares axlcl less than 20 shares shall Kumber of votes. be entitled to one vote, and every proprietor holding 20 and less than 50 shares to two votes, and every proprietor holding 5 0 and less than 100 shares to three votes, and every proprietor holdicg 100 shares and upwards to four votes and no more ; but no proprietor shall be entitled to vote who shall not hold at least 5 shares : provided, however, that the shares in respect of which any proprietor shall claim to vote shall have beell held for such period of time `a` is or shall be required -bg' the bye-laws, rules, ACT No. IV OF 1855. rules, and regulations of the said Company.. Provided also, and it is hereby enacted, that votes given by proxy according to any byeVotes by proxy. law, rule, or regulation of the said Compa,iiy, shall be deemed to be as valid and effectual as if given in person. IX. At such general meetings as aforesaid, the books and accounts of the said Company shall be produced and exhiAccount books and balance sheet to be producbited for the inspection, examination, and approval of the ed at general meetiogs. subscribers or shareholders at large, and at each of such genera1 meetings t,here shall be produced and presented by the Directors, or other OfFicers of the said Company for the time being, a true account in abstract and balance sheet showing the whole of the receipts and disbursements and operations of the said Company colnrnencing from the date of their next preceding general meeting and account brought down to the date of holding such general meeting at which the same shall be produced, or as near thereto as conveniently may be ; and such abstract, account., an3 balance shdet Bala,,ce to be when examincd, approved, or passed by such or any subpubliehed `in` sequent meeting, shall immediately be published in the Calcutta Government Gazette and in two public Newspapers of general circulation at Calcutta. , X. A certi£icate signed by two at least of tlie Directors of the said Company shall, upon request, be delivered to every proCertificate of share. prietor or shareholder of the said Company, and the shares of the said Company shall be t~ansferable only by the execution of a deed or inShares to be transferred strument of transfer in the form provid&d and sanctioned by deed, &A by the Directors for the time being of the said Assam ComProviso. pany. Provided always, that no such dked or instrument shall be effectual to transfer any share in the said Company until compliance with the provisions of the deed of co-partnership of the said Company, bearing date the 31st day of January 1840, and all the bye-laws, rules, and regulations of the said Company, and until a rnemorandu~lz or note of such transfer shall have been registered in the Registry of transfer. registry kept for that purpose at the office in Calcutta of the said Company, and until t&e name of the transferree of such share shall have been entered in the share register book of' the.said Conlpany as the proprietor thereof, 1 XI. The + `e` ACT No. IV OF 1855. XI. The shares of and in the said Company shall, `as` between the Shores to be deemed several proprietors thereof and their red and personal re- personal property. presentatives and all other persons claiming under them, be deemed to be personal estate to all intents and purposes whatsoever and be transmitted and transmissible and disposed of accordingly. XII. For the purpose of satisfying any demands upon the s&id Company, or for the purpose of raising any further capital Bye-lams to direct the mode of payment `by` that shall become requisite for the purpose aforesaid, the instalments of unpaid shares. several subscribers or shareholders shall pay -up the whole or any part of the unpaid amount of their respective shares by instalments to be called for by s u ~ h persons in such manner, and to be paid at such times and places and manner, as shall be appointed for that pirpose by any bye-law or regulation of the said Company. XIII. It shall be lawful for the said Company by bye-law or regulation to provide that, if any such instalment be not paid Bye-laws may direct interest to be charged on[on or before the day fixed for the payment thereof, inter- ] unpaid instnlments, or forfeiture of shares. est after any legal rate to be appointed by such bye-lam or regulation shall be paid upon such instalment from such day up to the day when the same shall be actually 'paid, and the amount of any such call with interest shacll be a debt due to the said Company, and it shall be bwful for the said Company in like manner to make any provision or provisions for the forfeiture of any share or shares on the non-payment of any such instalment and interest, or the restoration of any forfeited share or shares. Provided that no such for- Proviso. * feiture shall'be incurred until after default shall have been made for at least 3 calendar months. XIV. The said Company shall have the benefit of and shall be bound Contracts, &., made[by all the contracts, acts, deeds, matters, and things which, ] binding. this Acts be up to the passing of this Act, have been legally made, done, executed, or performed under or by virtue of the $aid Acts No. XIX of 1845 or No. XIV of 1854, or the said deed of the 31st January 1840, and shall and may, in manner herein mentioned and provided, sue and be sued thereon, and in respect thereof, and shall have and be subject to the like rjghts and liabilities .in respect thereof as the said Assam Company or the members thereof would have had and been subject to under or by virtue of the said Acts. XV. A copy a E .ACT No. I V `OF` 'LB56. XV. A copj*of the 0rigihal deed of kbsoiiation of the said Company, . ? `Jca)ieaiar` tn6Lbfl@~n1 ,%rid. copies of a l l rules, ~rders, bye-laws, regulatipns, or d&dpfra&iyiationand of h l ~ i . ~ j ~ g , se[kept ] proceding6 -of the said c~mpahy or other instruments o `-$as` oj'-h; ectiap no,,+j;hr at the wh&tsciever, whereby any change shall have been, or shall offive andg~t~eProthOnota*s at the Supreme at any time be made by t\he autho~ity .of the said Com- ~o'ilrt. I pasy in $hq grovisions of the said original deed of settlement or ee:9artllersbiprbeari~ (late the 31st cl?i of' fanuary 1840, shall be kep% at office o f t ~ e said Company in Calcutta and shall there be open to the inspecticn of all p$r~ons &;ring the usual hours of business .of thk said o$ce ; and a copy of e ~ h such rule, order, bye-law, regulation, proceeding, or instrument `as` aforesaid shall also be deposited by the said Compauy, as soon as it can be donq after $he passing of'this Act, or after the making of any such rule, o~&er, bye-law, regulation, proceeding, or instrument hereafter to be made, in the office of the Prothonotary of the Supreme Court of Jadicature at Fort William aforesaid, and shall be there fled, and be and remain open to the inspection of all persons during the usual hours of such oftice ; and an. examined copy of each such filed copy as aforesaid, certified by and Examined copies to be under the hand of the Prothonotary for the time being e%iaence. , of the said Supreme Court, shall be good and sdicient evidence of each such original deed, rule, order, bye-law, regulation, pxoceeding, or instrument in `all` actions, suits, and proceedings whatsoever, whether Civil or Criminal, `to` be had in any Court of Justice, or before, any Magistrate. or other Officer, whether acting judicially or in any proceedings preliminary to a judicial inquiry, throughout the territories for which the Gover~orGeneral of India in Council has power to legislate. nary to a judicial inquiry, throughout the territories for which the Gover~or- XVI. The said Company shall cause the name of each and every Director of the said Company, and also the name and Names of Directors and Oacers to be entered `in` proper official description of each and every Officer of the n hook at the oaice nnd `to` be from time[said Company and of every person acting and officiating ] to tnry's office. time in the Prothono- for the time being `as` such Officer, t.0 be entered in a book to be kept at the said principal office in Calcutta of the said Company, to be there open to the inspection of all persons during the usual hours of business of the said oEce, and shall also, within six months from the time of passi~lg this Act, cause a memorial of the said names and descriptions respectively to be enrolled in the said office of the Prothonotary of the said Court, and a, memorial thereof to be from time to ti,qe - * enrdikd `ACT` No. I V OF 1855. ehrblled and within 12 months after a;ny cKange or chmges shall be made or t&ke pl&ce:either in the Direction aforesaid or `in` any of the said offices. c .- , . ~. . ' . . . . X'VII. .Th&said Company shall cause the names, -places of residence . . . . : -or business, and descripti'ons of the business, profession, or Same6 .of d~areholders alld all transfers 06 shares . employment of the proprietors of shares in the said C$$?t1 to be registered, . . Stick, and thenumber of ihares~beld by each proprietor, to be:registered in a book and numbered in a-regular c-onsecutive series" be,&innirjg with No.1, and such book.sha11 be kept at,the-said office in Calcutta of the said Comparly, and shall there be open to the inspection,~f all persons during the i~sual hours 'if business, and each successive transfer or change of ownership in tlie share or shares shall be entered in the mariner above-mentioned with the like' particulars above-mentioned-in. the mid book, and against the original entry of s&h.sha;e or shares shau be entered a -note of every such . change hf ownershi'$-or trariafer,with a auffibieut ;riiferknce to the place or , I 'nimes, ~l&ce~o?'$f&c&& placks i i suchbobk.%hereidis or are made the entry oreht~ies of the nape , ..,. . of residence or business, and des~ri~tionsof the pro- or 'pribt~f"d? p$pri&ors to whom or in whose favor such transfer or change, tramfirsor chkkge&, &hall have been madeor ;had from time to time as aforesaid. :. .. . , , d , , . , . . ,.. . , . . . . . . ., . . . . . 2 . . . .. . . . . `b` . `i .` . . . . \ `I - '` ' >~VIII. Th6isGd bornpany shall sue. andib& sued `ayd` described in .and by its said corporate name andndt othemise, in all pro- Company h0.w to sue and be jdefi, &cd ., ceedings whatsoever, whether Civil or of a Penal or Criminal or other character, and mhetker the sm8: -. be the Process be only againat the Corporate ~roceedings of any Court, or af any Magistrate `oP` other sfock, &c. officer or person executbg any inquiry either preliminary to, or in the nature of a judicial investigation or inquiry, and shall for all purposes of jurisdiction be capable of suing and proceeding, aud be liable to be sued and proceeded against, in its said corporate name, character, and capacity in and before any Court, Magistrate, Officer, or person within any of the territories under the Government of the East India Company in respect of all matters and things over which such Court, Magistrate, OfBcer, or person respectively may have jurisdiction, and to the extent of such jurisdiction in like manner as the same may for the time being be there had by or against any British subje~t or subjects within the said territories. Provided always, that no process or proceedings whatsoever, Proviso. whether of a mesne or final or other nature, shall be had against ACT No. IV OF 1855. agiinst the person or property of any individual members, sharel~olders, or subscribers of the said Company, either for the purpose of giving notice of any suit or proceeding, or of effecting any appearance toany suit or proceeding, or of obtaining payment or satisfaction of any debt, claim, or demand against the said Company, or of levying any fine or penalty awarded against the said Company, or of obtaining payment or satisfaction of any judgment, decree, award, order, or determination against the said Company, or for any likz purpose, but that all such process and proceedings of what nature soever shall be had solely against the said Company or the corporate stock, property, and effects of the said Company. XIX.[The service of all mesne and other process, rules, and orders, and ] all notices whatsoever, which by law, or by the practice of `on` Service of process, &c., suficient. any Court whe~ein the said Company shall sue or be sucd or otherwise, are required to be made, served, or given for any purpose whatsoever to the said Company, shall and may be made, served, and given, in addition to all Fays and means by which the Sam2 may otherwise be legally made, served, and given, upon or to the Secretary for the time being of the said Company resident in Calcutta or the person or persons acting and officiating as such, or by leaving the same addressed to the said Secraary or person acting and officiating as such at the principal office or place of business in Calcutta of the said Company. XX. This Act shall continue in force for a period Dumtion of Act. of twenty years, to cdrnmence from the passing hereof.