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rK 
 
 (. 
 
 i- 
 
 BY-LAWS, 
 
 t- si 
 
 RULES AND REGULATIONS, 
 
 FOR THE 
 
 MANAGEMENT OF THE AFFAIRS 
 
 OF THE 
 
 MONTREAL MINING COMPANY, 
 
 CONFIRMED BY THE 
 
 STOCKHOLDERS, 
 
 8th NOVEMBER, 1847. 
 
 MONTREAL 
 
 PRINTED BV J. C. BECKET,211i, ST. PAUL STREET. ; '';' ,•; .• . 
 
 > ' ', * * 111 , ' 1 
 
 MJOCCCXLVH. 
 
 ; I 
 
 • .' - 
 
?\^&'30 
 
 i^m 
 
 
 OCT 13 IS35 
 
BY-LAWS, 
 
 RULES AND REGULATIONS, 
 
 FOR THE 
 
 MANAGEMENT OF THE AFFAIRS 
 
 OF THE 
 
 CONFIRAIED BY THE STOCKHOLDERS, 
 
 8th NOVEMBER, 1847. 
 
 
 FIRST. 
 
 The election of four Directors, and as many 
 more as there shall be vacancies to fill up, 
 shall take place annually, at the General 
 Meeting of Shareholders, of which one month's 
 notice shall be given in the Official Gazette, 
 and in two or more newspapers published in 
 the city of Montreal, the first of which Gene- 
 lal Annual Meetings shall be held on the 
 third Wednesday of February, 1848 ; the 
 chair to be taken at one, and the ballot box 
 closed at three o'clock, P. M. 
 
 SECOND. 
 
 Anv Director shall be at liberty to resiern 
 his office, by giving notice in writing of his 
 
 / 
 
 ^ 
 
-m^rwiT » I. 
 
 intention so to do, at the oilice in Montreal, 
 and at the expiration of thirty days next, after 
 such notice shall be given, the office of such 
 Director shall be vacated. 
 
 THIRD. 
 
 Should any vacancy happen among the 
 Directors by death, resignation, or permanent 
 removal out of the Province, such vacancy 
 may be forthwith filled up, until the next 
 general meeting of the Stockholders, by the 
 remaining Directors, who shall choose and 
 elect, out of the qualified Stockholders, one 
 or more, as the case may be, to fill the va- 
 cancy or vacancies which may have occurred 
 as above, and such Stockholder shall take his 
 seat as a member of the Board of Directors, 
 and exercise the same rights and powers as 
 he could have done, had he been elected at a 
 General Meeting of the Stockholders ; and at 
 the next General Meeting, all Directors thus 
 chosen shall retire, along with those Directors 
 retiring in terms of the 15th Section of the 
 Act, but shall be eligible for re-election. 
 
 FOURTH. 
 
 The Directors shall hold a weekly meeting 
 at the Company's office, at such day and hour 
 
 as lYlflV hp mnot /Tknvonioiit • t\nta aifexnAnrir*^ 
 
 of four Directors, of whom the President or 
 
 i 
 
 If 
 
I Montreal, 
 
 next, after 
 
 ce of such 
 
 imoijg the 
 permanent 
 ;h vacancy 
 1 the next 
 ers, by the 
 ihoose and 
 )lderp, one 
 ill the va- 
 6 occurred 
 all take his 
 ' Directors, 
 powers as 
 lected at a 
 ;rs ; and at 
 ectors thus 
 3 Directors 
 tion of the 
 action. 
 
 :ly meeting 
 yand hour 
 
 atte 
 
 
 resident or 
 
 Vice-President, if in \fontreal, must be one, 
 shall be necessary at any meeting to form a 
 quorum for the transaction of business, and in 
 the absence of both President and Vice-Pre- 
 sident, a Chairman, pro tempore^ shall be 
 chosen ; special meetings of the Directors 
 may be called by the President or Vice-Pre- 
 sident, or any two of the Directors, upon 
 due notice being given in writing to the 
 others. 
 
 f^ 
 
 FIFTH. 
 
 /.'t'"^' 
 
 Thirty or more proprietors, holding in the 
 aggregate twelve thousand shares or upwards 
 in this Company, may, at any time, by writing 
 under their hands, left with the Secretary, at 
 the office, in Montreal, require the Directors, 
 for the time being, to call a Special General 
 Meeting of the proprietors, so as such requi- 
 sition fully express the object for which such 
 Special General Meeting is required to be 
 called, and such meeting shall be called by 
 the Directors giving thirty days' notice by 
 advertisement in the Official Gazette, and in 
 any two newspapers published in the city of 
 Montreal. 
 
 SIXTH. 
 
 It shall be the duty of the President, or, in 
 his absence, of the Vice-President, to execute 
 
 
 ■1. 
 
6 
 
 all Bonds, Deeds, Debentures, or Contracts, 
 entered into on behalf of the Company, to 
 sign Certificates of Stock, and j;enerally to 
 superintend the affairs of the Company. 
 
 SEVENTH. 
 
 It shall be the duty of the Secretary and 
 Treasurer to keep proper Books of Accounts, 
 as well as a Register of the Stockholders, and 
 a Minute Book, all of which shall, at all 
 times, be open to the inspection of the Direc- 
 tors ; to sign the receipts for the payment of 
 all monies to the Company ; to countersign 
 all Bonds, Deeds, Debentures, Certificates of 
 Shares, and other Documents requiring the 
 signature of the President or Vice-President, 
 and to affix the seal of the corporation, under 
 the authority of the Directors, to all docu- 
 ments requiring the same, in accordance with 
 the provisions of the Act of Incorporation and 
 By-Laws ; to conduct the correspondence, and 
 be prepared to furnish full and clear state- 
 ments of the affairs of the Company to the 
 Directors at their weekly meetings, and ge- 
 neral statements when required ; and he shall 
 also execute a bond, with one or more securi- 
 ties to the said Company, in such sum or sums 
 as the Directors may require. 
 
' Contractit, 
 )mpany, to 
 eiierally to 
 pany. 
 
 jretary and 
 f Accounts, 
 olders, and 
 hall, at all 
 the Direc- 
 payment of 
 countersign 
 ■tificates of 
 quiring the 
 -President, 
 tion, under 
 all docu- 
 dance with 
 oration and 
 idence, and 
 clear state- 
 >any to the 
 ^s, and ge- 
 ud he shall 
 tore securi- 
 im or sums 
 
 EIGHTH. 
 
 So often as the Directors see fit to make a 
 further call upon the Stock of the Company, 
 notice of such call shall be given by advertise- 
 ment in the Official Gazette, and in at least 
 two of the newspapers published in Montreal, 
 and such advertisement shall state the amount 
 of such call, also the place and time of pay- 
 ment, which shall be at least sixty days 
 subsequent to the first insertion. 
 
 NINTH. 
 
 Any Shareholder or Shareholders refusing 
 or neglecting to pay any, or any part of, such 
 call on his, her, or their Shares of the said 
 Capital Stock, at the time or times required 
 by public notice as aforesaid, shall incur a 
 forfeiture to the use of the said Corporation 
 of a sum of money equal to ten pounds per 
 centum on the amount of such call ; and 
 moreover, it shall be lawful for the Directors 
 of the said Corporation (without any previous 
 formality, other than thirty days of public 
 notice of their intention, and a written notice 
 addressed through the Post-Office to the 
 party in default or his representative, at their 
 domicile, as mentioned in the books of the 
 Company, but without the Company being 
 responsible for any error or other cause from 
 which such notice might not have reached 
 
8 
 
 the interested parties), to sell, at public auc- 
 tion, at the office of the Corporation, the said 
 shares, or so many of the said shares, as shall, 
 after deducting the reasonable expenses of 
 the same, yield a sum of money sufficient to 
 pay the unpaid instalments due on the re- 
 mainder of the said shares, and the amount 
 of forfeitures incurred upon the whole ; and 
 the President, or Vice President, of the said 
 Corporation, shall execute the transfer to the 
 purchaser of the Shares of Stock so sold, and 
 such transfer being accepted, shall be as valid 
 and effectual in law as if the same had been 
 executed by the original holder or holders of 
 the Shares of Stock thereby transferred : Pro- 
 vided always, that nothing herein contained 
 shall be held to debar the Directors from 
 suing any Stockholder for the amount of 
 any call for which he may be in arrear : 
 And further it shall be competent to the Di- 
 rectors, and they are hereby required, to with- 
 hold the issuing of any certificates of Stock 
 to Shareholders at present indebted to the 
 Company by Book Debt, Note or obligation 
 of any kind or in any other way, and the share 
 or shares upon which any call or calls are due 
 and unpaid, are hereby forfeited to the Com- 
 pany, and if the said calls be not paid up with- 
 in twenty days from this date, together with 
 
 calls matured, the Share or Shares of the par- 
 
 M 
 
public auc- 
 )n, the said 
 es, as shall, 
 xpenses of 
 ufficient to 
 on the re- 
 he amount 
 hole ; and 
 of the said 
 sfer to the 
 o sold, and 
 be as valid 
 ? had been 
 
 holders of 
 rred : Pro- 
 L contained 
 ctors from 
 amount of 
 in arrear : 
 
 to the Di- 
 ed, to vvith- 
 3 of Stock 
 ted to the 
 
 obligation 
 d the share 
 alls are due 
 ) the Corn- 
 id up with- 
 ^ether with 
 
 f»Vi iltf^ enirl 
 
 of the par- 
 
 ties in default shall fall under the rule of the 
 preceding part of this Section, and be sold for 
 the bene tit of the Company, without further 
 previous notice, and without any resolution 
 declaration or proceeding whatsoever. 
 
 TENTH. 
 
 The Shares in the Stock of the Corporation 
 shall be transferable only on the Books of the 
 Company, and a Transfer Book shall be kept 
 at their Office in Montreal, and in such other 
 place as the Directors may determine, wherein 
 the vendor and the purchaser shall personally, 
 or by Attorney, sign a transfer in terms of 
 the Act of Incorporation ; and no sale or 
 transfer shall be made of any fractional or 
 aliquot part of any Share of Five Pounds, so 
 as to divide any Share into parts, unless such 
 fractional part of a Share already exists, aris- 
 ing from the consolidation of the Stock. 
 
 ELEVENTH. 
 
 Stockholders may grant powers of Attorney 
 for the purchase or sale of Stock, Receipt of 
 Dividends, &c., in the following terms, which 
 form will alone be recognised by the Com- 
 pany : — 
 
 A. B. of C. do make, constitute, and appoint 
 
10 
 
 D. E. of F., my true and lawful Attorney, for 
 me and in my name, and on my behalf to sell, 
 assign, and transfer all or any part, interest, or 
 share in the Capital or Joint Stock of the Mon- 
 treal Mining Company, to me belonging or 
 standing in my name ; to receive the consid- 
 eration money and give a receipt or receipts 
 for the same ; to accept all transfers that now 
 are or hereafter may be made unto me ; to 
 receive and give receipts for all Dividends 
 that are now due, and that shall hereafter 
 become due and payable on the same, for the 
 time being, and generally to do all lawful acts 
 requisite for effecting the premises, hereby 
 ratifying and confirming all that my said At- 
 torney shall do therein. 
 
 In witness whereof I have hereunto set my 
 Hand and Seal at C. this day of 
 
 in the year of our Lord 18 
 
 Signed and Sealed in the presence > 
 G. H. $ 
 
 TWELFTH. 
 
 Should it appear advisable to the Directors, 
 at any future time to appoint Agents in Lon- 
 don, New York, or elsewhere, it shall be 
 competent for them to issue Stock, either in 
 Sterling at the new par of Exchange, or in 
 United States Currency, at the rate of five 
 
 H / 
 
Attorney, for 
 behalf to sell, 
 rt, interest, or 
 k of the MoN- 
 belonging or 
 e the consid- 
 pt or receipts 
 fers that now 
 unto me; to 
 ill Dividends 
 lall hereafter 
 same, for the 
 cill lawful acts 
 iises, hereby 
 t my said At- 
 
 'eunto set my 
 day of 
 
 ence 
 
 11 
 
 shillings and one penny to the dollar, and such 
 Stock shall be transferable at the place of 
 issue, where also any Dividend which may 
 accrue thereon shall be payable, — and it shall 
 be competent for any Stockholder at any time 
 to exchange his Stock transferable at Mon- 
 treal, or any of the Agencies of the Company, 
 for Stock transferable at any of the other 
 offices, which may have been opened for that 
 purpose. 
 
 THIRTE KNTH. 
 
 In all cases before a Shareholder may vote 
 by proxy, or when any transfer is to be made 
 or dividend received, or other act to be done 
 by Attorney, such proxy shall be held to pro- 
 duce and deposit with the Secretary, his Let- 
 ter of Attorney, that the same may be fyled 
 in the OflSce of the Company, but no proxy, 
 who is not a Shareholder, shall be allowed to 
 attend or vote at any meeting of the Corpora- 
 tion. 
 
 ihe Directors, 
 jents in Lon- 
 , it shall be 
 :k, either in 
 change, or in 
 rate of five 
 
 FOURTEENTH. 
 
 No holder of Shares or Scrip issued under 
 the articles of As^f ciation, shall be considered 
 a member of this Corporation, or be entitled 
 to vote at any future meeting thereof, until he 
 shall have surrendered such Scrip at the Office 
 
12 
 
 of the Corporation, and exchanged the same 
 for consolidated Stock. 
 
 FIFTEENTH. 
 
 When any dividends accruing to the Com- 
 pany shall be declared by the Directors, 
 thirty days' public notice of the payment shall 
 be given, and no transfer of Stock shall be 
 registered for fifteen days previous to the day 
 fixed for the payment thereof. 
 
 SIXTEENTH. 
 
 It shall be in the power of the Directors 
 to call Special General Meetings of the Stock- 
 holders at the Office of the Corporation, 
 whenever they in their discretion see fit, on 
 giving not less than thirty days' notice in the 
 Official Gazette, and in any two of the News- 
 papers published in the City of Montreal. 
 
 SEVENTEENTH. 
 
 The Seal now produced shall be the Seal 
 used by the Corporation as their Common 
 Seal. 
 
d the same 
 
 13 
 SPECIAL GENERAL MEETING. 
 
 Montreal, 8th November, 1847. 
 
 At a Special Geneial Meeting of the Stock- 
 holders of the Montreal Mining Company, held 
 pursuant to notice at the Office of the Corpo- 
 ration, on Monday, the 8th November, 1847, 
 at two P. M. The Hon. A. N. Morin was 
 called to the Chair, and Mr. Campbell was 
 requested to act as Secretary. 
 
 After reading the Report, the Hon. George 
 Moffatt, President of the Company, submitted 
 a code of By-Laws for approval, in accordance 
 with the provisions of the Act of Incorpora- 
 tion, 10 and U Vic. c. 68. 
 
 The code having been read by the Secre- 
 tary, the Chairman put the question of concur- 
 rence upon each article separately, and the 
 whole were unanimously adopted. 
 
 (Signed) A. N. MORIN, 
 
 Chairman. 
 ARCHD. H. CAMPBELL, 
 
 Secretary,