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Les diagrammes suivants illuatront la m^thode. ata 9lure, a : 2X 1 2 3 j 1 2 3 4 5 6 ACT OF IICOEPOMTION, AS AM E1S! OED, AND BYE-L^-WS or THfi MECHANICS' INSTITUTE OF MOJITPJAL /o„ ■■■ - r K -4 MONTREAL : Priated by Owlbr & Stevenson, 41 St. Frs. Xavier St^ 1860 m . ACT OF INCORPOEATION. ANNO OCTAVO VICTORIiE REGINiE CAP. XCIII. An Ac*; to Incorporate Montreal. The Mechanics'' Institute of [29th March, 1845.] WHEREAS an Association hath been formed in Preamble, the City of Montreal, in this Province, by di- vers persons engaged as Mechanics and otherwise, resident in that City and the neighbourhood thereof, under the name of The Mechanics'' Institute of Mon- treal, for the purpose of forming a Library and Read- ing Room, and of organizing a system of instruction by means of Lectures and Clashes, for the use and beaelit of those who are or may hereatter become members of the said Association ; And M^hereas the persons hereinafter named Office-bearers of the said. Association, acting in behalf of the members thereof, have by their Petition to the Legislature, represented that the said Association was originally founded in the year eighteen hundred and twenty-eight, with the object of aiFording instruction to its members in the principles of the Arts, and in the various branches of Science and useful knowledge, necessary or ad- vantageous to the said Associates in their pursuits in life ; And the Petitioners have further represented, that the benefits derivable from the said Association^ ACT or INCORPORATION. ^ Certain per •oils incor porated as the "Mecha. nics' Insti- tute of Mon- treal " Common Seal. Property. would not only be secured, but be greatly enhanced, by the incorporation of the mem here thereof, and have prayed that they may be so incorporated ; And whereas it is expedient to grant the prayer of the said Petitioners, subject to the provisions and enactments hereinafter made : Be it therefore enacted bv the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and irtituled. An Act to Re-unite ike Provinces of Upper and Lower Canada, and for the Government of Ca- nada, and it is hereby enacted by the authority of the .same. That John Ostell, Thomas M'Gmn, William ■ Footner, William Telfer, Charles Garth, Andrew _ Cowan, George Dickenson, John Fletcher, William M. Miln, John Lambert, John Hilton, James Morice, • William Watson, Charles Shrimpton, Donald M'Ne- van, James Turner, John George, and Joseph Busby Bi'ondsdon, with all such other persons as now are, or, being duly competent, may hereafter be associated with them for the purposes hereinbefore mentioned, and their successors forever, shall be one Body Po- litic and Corporate, in deed and in name, by the name and style of The Mechani^.s^ Institute of Montreal, and shall by that name have perpetual succession, and a Common Seal, and shall have power, from time to time, to alter, renew, or change such Common Seal at their pleasure, and shall by the same name, from time to time, and at all times here- after, be able and capable to have, take, receive, purchase, acquire, hold, possess and enjoy, to them and their successors as aforesaid, to and for the uses and purposes of the said Corporation, any messuages, lands, tenements and hereditaments of what nature, kind or quality soever, situate, lying and being with- in this Province, not exceeding in yearly "Jue the sum of one thousand pounds currency, — and also to take, receive, purchase, acquire, have, hold and pos- ■sess, (provided the same do not exceed a like sum in ACT OF INCURPORATION. Hon pro««M shall ce ser- ved oi the Corporation. yearly value) to and for the same uses and purposes, any goods, chattels, gifts, or benefactions whatsoever, —and shall and may, by the same name, be able Jj^i"| JJJj^ and capable to sue ancl be sued, implead and be im- pleaded, answer and be answered unto, in ill Courts of Law and places whatsoever, in all and singular actions, causes, pleas, suits, matters and de- mands whatsoever, in as large, ample and beneficial A manner and form as any other Body Politic and Corporate, or any persons able and capable in Law, may or can sl 3, implead, or answer, or be sued, im- pleaded, or answered, in any manner whatsoever. II. And be it enacted. That in all and every «uit or suits in law, which may hereafter be institu- ted against the said Corporation, service of Process at the residence of the President or either of the Se- cretaries, shall be sufficient to compel the said Cor- poration to appear and plead to such suit or suits; any law, custom or usage to the contrary in anywise notwithstanding. III. And be it enacted, That for the manage- ment of the affairs of the said Corporation, there slTall be elected, by the Members uf ^.he said Cornoration, and by a majority of the votes of the Me sent at the Special or Annnal Meeting • jr provided for, the lollowing Officers — a . First Vice-president, a Second Vicc-I Third Vice-President, a Fourth Vice- P. Corresponding Secretary, a Recording Seci;. Treasurer, a Librarinn, and a Cabinet Keeper, afi Ui. twelve other Members, who, together with the Offi- cers hereinbefore named, shall constitute and form the General Committee of the said Corporation, and General at least one half of the said Goneral Committee shall ^°'""""••• be elected from among the operative Mechanics then Members of the Corporation. IV. And be it enacted. That the Annual Meeting -Annual eie«- for the election of the said Officers and Members to "ers lii'*' compose the said General Committee of the said Members. Corporation, shall be held at the pla e in which the luual meetings of the said Corporation are held, on What Offi. cers shall b« appointed. ACT OF INCOBPORaTION. * f )■ t'ruvix). the first Monday in November in each anJ every year : Provided always, that whenever the said first Monday in November shall happen on a Holiday or Fete dP Obligation, the said Annual Meeting shall take place in manner liereafter provided ; and the said Officers and Members thereat elected, shall werve ni the said offices during the year then next ensuing, and until others being elected in their stead shall enter upon the discharge of the duties of their offices as hereinafter provided ; and if by reason of any matter or thing soever the election go to be had and made on the first Monday of November as aforesaid, ?^hall be prevented, or shall not be had or made, then, and in every such case, it shall be competent to the Members of the said Corporation and their .•successors, or to the major part of such of their as may be present at z> meeting to be called by the President or Vice-President for the time being, in the manner hereinaft^. prescribed, and held as soon after as shall be convenient, to proceed to and make the election of a President, Vice-Presidents, Secre- taries, a Treasurer, a Librarian, and Cabinet Keeper* and twelve of the Members, who, with the Officers aforesaid, shall constitute and form the General Committee as aforesaid, and the election so made shall be as valid and efFttotual as if they had been made on such first Monday in November : Provided always, that the President,, Vice-Presidents, Secie- iii)o,i oiFice taries, Treasurar, Librarian and Cabinet Keeper, until ihe .^vith the twelve other Members aforesaid, to be uleirS-^"^ elected at any general election of Oflicers under and by virtue of the provisions of this Act, shall not enter upon nor act in the discharge of their respective offices, until the Monday next ensuing after such general election. Proviso. — Members not to enter tioii. I'reieiitOflt- V. And be it enacted, That until the first election \*ysocfai'ioii of Officers shall take place as hereinafter provided, to ite Officers the present Officers of the said Association shall be of the Cor- g^^j eonttnue to be the Officers of the Corporafior. rJmain '""^ hereby created, and that the President, or, in his time. absence from the City of Montreal, the First Vice- ¥ 9 ' ACT (JF INCORPORATION. 7 I'resitlcnt of the paid Corporation, shall within three months alter tiin pasaing of this Act, cauL,a notice to be {^iven to such o." the Members of the said Corpo- ration as Hiiall be then resident in the said City of Montreal, (by public advertisement, to be published ten days at least previuUf;ly in one or more news- papers at Montreal,) to meet at the place in which the usual meetings of the said Corporation are held at such time as he shall, in and by such notice, ap- ])omt; and the said Members, or the major part of^''"^ '''''^'- such of them as shall be then present, shall at the time so appointed, proceed to the election of a Pre- sident, a First Vice-President, a Second Vice-Presi- dant, a Ihird V' 9-President, and a Fourth Vice- President, a Correspondinj;: Secretary, a Recording Secretary, a Treasurer, a Librarian and Cabinet Keeper, as also twelve other Members to form with the Officers aforesaid the General Committee of the said Corporation, and of f -h other Officers and ser- vants as to them shall seem meet ; which said OHi- '^'"^\,^^'J'" cers shall from the time of their election to their re-tiuue ;. i ,' epective offices, continue therem until the First Mon- '!'-•« "■ ";' i'o day of November ihen aevt ensuing, and from thence- gfeci "■'"'''^' forth until others be chosen in their places and shall enter upon the duties of their offices in the manner aforesaid. jUou. VI. And be it enacted, That if t.. any time or ^\oCiv of till . times, it sliall happen that any ot the persons chosen vacanoies m to till the said offices, respectively, or to be Mem- [•,'« "%"f ^^ bers of the General Committee, shall die or be re- "'"'""^*-'^'- moved from the said offices, or resign, during the period for which they shall have been respectively elected, then in every such case it shall he lawful and competent for the remain in tr Officers and Members of the Committee, or the major part of such ot them as may be present at any duly appointed meeting, to choc e a Member or Members of the Corporation, to fill the office or offices so vacated or to be a Mem- ber or Members of the Committee : Provided always, I'^oviso. tliat the person or persons who may be thus elected, shall retain the said office or offices, and be a Mem- ber or Members of the Comnittee only until ttie i 9 Who shall be Members of the Cor- peratioa. Ordinary Members, Correspond- ing Mem- bers. Honorary Members, How Mem- bers shall be proposed and admitted. I Three- fourths of the Members present re- quisite to an •lection. Quorum ne- • such Member, and the Qworwrn necessary at any such meeting to render it competent to proceed to ^ T^. f< I t( i \ i t I t ^ tateiueiUs ofitsproi)cr- ly to he laid aiuiually be- fore tiie Lc- ,!;islaiure. Present pro- perty and li-- uhililies of tlie Assooia- 'ioii traii!'- lerri'd to the ilJorporalioii. Aleuil ers not to 1)6 iii- 'Uvidtially Uaiile. ACT OF mCORPORATJON. moning of the ordinary and extraordinary meetina:^ of liie said Corporation, or of the General Committee ; for suspending or expelhng such Members as shall neglect or refuse to comply with the By-Laws and Regulations : and generally for the managing or directing of the affairs and concerns of the said Cor- poration : provided always, that no such By-Law, Rule or Regulation, or any repeal, amendment or alteration thereof, shall have effect, unless the same shall have been announced and re;id at a meeting of the General Committee, at least fourteen days previous to its being .submitted for the adoption thereof by the said' Corporation, at a meeting at which at least filteen Members shah De present, nor unless the same shall be adopted at such last mentioned meeting, by at least three-fourths of the Members then present. XIL And be it enacted. That it shall and may be lawful for the Governor, or person administering the Government of the province lor the tirae being, or for any or either Branches of the Provincial Parliament, from time to lime, to require from the said Corpora- tion, or from the General Committee thereof, true statements under oath (which oath any Justice of the Peace is hereby authorized to administer) of the re- ceipts and expenditure of the said Corporation : and a statement of the real and personal Estate held and enjoyed by the said Coiporation, shall be laid before each Branch of the Piovincial Legislature, w.thin fifteen days after the opening of each Session thereof. XIIL And be it enacted. That the properly, real and personal, now held by the Association iiereby incorporated, or by any party in trust for them, shall be and is hereby vested in the said Corporation, which shall be responsible for all debts and obliga- tions of the said Association, and may recover and enforce all claims and obligations in favour thereof. XIV. And be it enacted. That no Member of the said Corporation, shall, in his private or natural capa- city, be liable for any debt or obligation contracted by the said Corporal iun. V^ ^ ''"!>'!''"^"». consistent with or repugnant fo the provisions of this 8 Vict. c. »3 Act, shall be, and is hereby repealed. repealed. X. This Act shall be held to be a Public Act* ruWk a«j. QuoTDTrt at ordinary meetnigs <»f General Committeci Power tnnai«u\>. XIV. Thc Aunual Subscription shall be pay- scnpiioiu able on the first day of August in each year- Persons elected Members alter that day in any year shall pay the subscription due on the said day ; but persons elected after the first day of February in any year, shall only pay one-half the amount thereof as their subscription, up to whedpar- the first day of August then next. And that ^^i«- in order to entitle a Member to vote for the election of Officebearers, or be eligible for office for the current year, his subscription must be paid on or before the 22nd August. (f BY-LAWS. IT Election of Office-bearers. XV. The Annual Meeting for the election ^^ of Officers and Members to compose the Gen- * ^ eral Committee, shall be held on the first Monday (not being a Holiday or F^te d'Obli- gation) in September, in each year ; and no- tice of the said meeting shall be given by ad- vertisement, to be published in one or more newspapers, for at least six days previous to the day of meeting. XVT. Previous to the election, the President^ scrnwu^t^* shall appoint three Members, not being Mem- poUited. bers of the General Committee, to act as Scru- tineers thereat. XVII. The Officers and Memliers to compose EiecUon^ the General Committee shall be elected by Members of Ballot in n-anaer following -.—Each of theGenemi members present, qualified to vote, shall write upon a slip of paper the name of the person he may desire to vote for as President, which slip of paper he shall deliver to the President, who shall, in his presence, deposit the same in the ballot box, and the President, having ascer- tained that all the members present wishing to vote have done so, shall declare the Ballot to be closed ; and the Scrutineers shall forth- with proceed to ascertain the number of votes given for each person, and also the total num~ ber of votes recorded, and to report the same in writing to the President, who shall announce the same to the meeting ; and if any person has received an absolute majority ot ail the votes given, he shall be held and declared to be duly elected, but if no person has received an absolute majority of the votes given, a fuii* ther ballot or ballots shall take place until an, 18 BT-LAWS. election is made. And a President having been eleclod, the meeting shall proceed in J'ke manner to the election of each of the other Oificers, and then to that of six Members to compose, with the so id officers, the General Committee. Duties of Officers, &o. Dijtiesofthe XVIII. The President shall preside at all I'resideat. meetings of the Institute, or of the General Committee, maintain order thereat, all name Sub-Commitiets, and in case of an equal divi- sion on any question, give the casting vote. Duties of XIX. In case of the absence of the President Je'ni"^'^*'''" ^^^^ *"y i^eeting,the Vice President shall take the chair j and in the absence of both these officers the meeting shall choose a President pro tempore^ and such President pro tempore, shall, for the time being, have and exercise all the authority and powers of the President. Dmtes of XX. The Corresponding Secretary shall con- correspond- ^^^q^ x\i& Correspondence of the Institute, keep- ing ecy. ^^^ ^^^ entering copies of all letters written by him in a book to be provided for that purpose. DuiiesofRe. XXI. The Recording Secretary, who shall , ordiugsecy jjj^yg ti^Q custody of the Common Seal, shall issue all notices relative to meetings of the Institute or of the General Committee, accur- ately and at large record the proceedings there- of in books to be kept for that purpose, sign all certificates of membership, receive all monies from members, and pay the same to the Trea- surer, taking receipts therefor. Absence of XXII. In the absence of either of the Secre- pSJdfon taries, the other shall j.erform his duties. In the absence of both, the President shall appoint ^ • at BY-LAWS. 19 a Corresponding or a Recording Secretary, or both, pro tempore, XXIII. The Trensurer shall have charge of ^re^";;""^ all monies and hold the same, subject to the order of the General Com iiittee ; he shall not pay awa) any sum of money without first re- ceiving ai. order therefor, signed by the Pres- ident and Recording Secretary, and shall keep an account book, entering therein his receipts and disbursements, which book shal' Ve laid before the General Committee at eat i meet- ing. XXIV. Whenever the monies in the Trea- f«"'«*- surer's hands shall amount to, or exceed the sum of Twenty-five Pounds currency, he shall forthwith deposit the same in the name of the Institute with some Banking Institution to be designated by the General Committee, and such Institution shall be iiastructei by it not to pay any sum of money ou account of the Institute, unless upon cheques signed by the President, the Recording Secretary and Trea- Rurrr. XXV. The Librarian shall see that the books. Periodicals, and like articles in the Reading Room and Library are kept in good order, and pro[)erly arranged, and shall make and keep catalogues of the books in the Library in such form as may be ordered. XXVI. The Cabinet keeper shall have the^,^o;;^f8 °f charge and arrangement of the museum, and Keeper, shall keep a correct list of all articles of value, interest or curiosity therein contained. He shall see that all articles are properly labelled, and that the namt s of all donors to the museum are enrolled in a book to be kept by him for that purpose. Duties of Li- brarian. 20 BT-LA.Wf. ^ when re- f»ire(L I I i^rVto'be XXVII. The Secretaries, Treasurer, Libra- i)fn>duced rian, and Cabinet keeper shall, whenever re- quired, lay before any meeting, all books, pa- pers and documents kept by them or in their possession. DntiMjjnd XXVIII. The General Committee, shall Kuerai" have the management of the affairs and busi- CowjBiuee. p^g^g of the Institute, the care, superintendence, and control of its property and furcis ; shall have power to purchase, suy'scribe, and pay for books, periodicals, newspapers, maps, draw- ings, models, instruments, fuiiiituro, and all other necessary articles ^ to lee je and pay for premises, to employ and pay a Superintendent and other servants; to procure Lectures to be delivered, to establish classes, to pay Lecturers and Teachers ; to make Rules and Regulations for the management jf the Library, Reading Room, Lectures and Classes, or any of them ; to fine, suspend, or expel members violating any vuch rules or regulations : and shall have full pjwer to execute any m« asures designed to promote the object of the Institute. ?ntvCom- XXIX. At the first meeting ot the General !IppoSed. * Committee,, held after the election in each year, Sub-Committees shall be appointed for the management of the Library, Reading Room, Lectures, Classes, Finances, Premises^ and Membership, which Committees shall keep minutes of their i[»roceedings and lay the same , before tno. GeEeral CoramiUee ; but no such Corami' ' c 3b 11 ircui any liaoility or pur- chase auy article, without the previous sanc- tion cf the General Committee. Anmiai Re- XXX. The General Committee shi . lny JSJd^** ^* before the Annual Meeting, in each year, "% # Cf> # BY-LAWS. fl Report on the affairs of the Institute containing the following, amongst other particulars : a. The number of Members at the date of the previous Report. b. The number of persons who have since thet date ceased to be members. c. The number of persons elected members during the preceding year. d. The total number of members ai the date of the Report. e. The number of volumes added to the Li- brary during the year, and the total number of vobimes belonging to it at the date of the Report. /. The number of issues of volumes d uring the preceding year. g, A list of the newspapers and magazines received in the Reading Room. h. A list of the lectures delivered during the year, showing the names of the lecturers and their subjects. i. A list of the classes formed, the subjects taught in them, and the attendance on each. j. A list of all donations received during the year. XXXI. The General Committee shall alsOg^JJ,^' lay before the Annual Meeting, in each year, a detailed statement of the receipts and dis- bursements during the preceding year, and of the liabilities and assets of the Inbtilute at the date of the statement. Meetings- XXXII. Ordinary General Meetings shall ordi^y be held on the second and fourth Mondays of MeeUoc». each month. (» 22 Extraordin- ary General Meetings. BY-LAWS. Committee Meetings. Quornm at fieii ;ral Meetings. Ciunrum at Couimiltee Meetings. Hour of Meeting. Questions, how to be (tecided. XITXIII. Extraordinary General Meetings of the Institute may be called, upon the re- quisition, in writing, of fifteen members, or five members of the General Committee. All requisitions to contain a statement of the business it is intended to bring before such meetings. XXXIV. Ordinary Meetings of the General Committee shall be held on the second and fourth Mondays in each month, which meet- ings may adjourn unto another day. Extraor- dinary Meetings of the Committee may be called by t»ie President at any time. XXXV. At all Ordinary General Meetings, ten Members, and at Extraordinary General Meetings, fifteen Members shall be a quorum competent for the transaction of any business, except the Election of Corresponding and Honorary Members, the quorum requisite for the election of which is twelve and sixteen members respectively. XXXVI. At all meetings of the General Committee five members shall be a quorum, competent for the transaction of business. XXXV^II. At all meetings either of the In- stitute or of the General Committee the Chair shall be taken at half-past seven o'clock, P. M. XXXVIII. All questions, matters, and things, (except the adoption of By-Laws,) which shall be proposed, discussed, or consi- dered at any General or Committee Meeting shall be determined by a majority of the votes of the members present. And all voting shall be by show of hands, but if at any General Meeting, it appears duubtiul to any three members upon which side the majority is, teU r 9 I BY-LAWS. 23 lers shall be appointed, and a division take place, and the report of the Tellers as to the number on each side shall be conclusive. XXXIX. The following shall be the order proc?e*dV^ of proceeding at all General and Committee ^^^ Meeting. Meetings : — 1. Reading and adoption with or without amendment of the minutes of the previous Meeting. 2. Reading and consideration of letters and communicatioMs. 3. Reading and consideration of reports of Committees. 4>. Reading proposals for, or new Election of> members. 5. Election of Office bearers at Annual Meet- ing. 6. Unfinished business. 7. Motions and Notices. XL. The following Rules of Order shall be R»ies of observed at General and Committee Meetings. 1. All motions shall be given in writing, with the names of the movers and seconders, to the Recording Secretary, and shall be read by the President. 2. No discussion shall be allowed upon any motion until it shall have been seconded, and been read by the President. 3. No Member shall be allowed to speak more than twice on the same question, nor longer than ten minutes on each occasion un- less by leave of the President. 4. When there is a motion before the Meet- ing undetermined, no other motion shall be Order. 114, ^ BY-LAWS. By- Laws piL&sing of. received, unless it be a motion to adjourn, to postpone the consideration of the subject, or to amend the original motion. 5. \ motion to adjourn, which shall always be in order, shall be decided without debate. 6. When there is more than one motion in amendment proposed, each of them shall be taken to be proposed in amendment of the last preceding one, and the question shall be taken on each, beginning with the one made last. 7. No discussion of a political or religiou nature shall be allowed* 8. No motion for the reconsideration of a question decided shall be entertained, unless notice of such motion shall have been given at the meeting previous to which it is made, ex- cept by permission of the President and of the mover or seconder of the original motion. 9. No member of the General Committee shall retire from any meeting thereof, without obtaining the permission of the President. By-Laws. XLI. All By-Laws in force are hereby re- pealed, and no By-Law shall hereafter be submitted to any General Meeting lor adoption, unless a copy thereof, together with a notice, that it is intended to submit the said By-Law to the, said meeting for adoption, shall have been placed in some conspicuous part of the Lleading Room for at least eight days previous to the day on which such meeting shall be held.