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INCORPC Jniitg Cha of Ca As amende ''An, Logan, ai and earn their peti have ass( for the pi upon due render pi Province, pecially, ; experienc being coi would be the.i- ass( certain p Legislatu: powers ; of their ; Queen's 1 and cons( lative As and assei an Act p; of Grea!: " imite i/ ''for the AN ACT TO INCORPORATK THE MONTREAL BOARD OF TRADE, -o Jniii^ Chap, go of an Act of the ParHauuiit of the late Prozince of Canada, 4—j Victoria; Her Majesty s Assent signified by Proclamation dated igth March, iS.fS : As amended by S Vic. Chop. 67, by jS Vic. Chap. 57, and by *' An Act respecting the Montreal Board of Trade,'" 4Q Vic. Chap, jj , assented to 2nd fnne, 1S86. o "xX 7"HEREAS John Thomas Brondgecst, Thomas Preamble Oingan, Robert Armour, John M. Tobin, James Logan, and others hereinafter named, Merchants resident and carrying on trade in tb i City of Montreal, have by their petition to the Legislature represented, that they have associated themselves together for some time past for the purpose of promoting such measures as they might upon due consideration deem calculated to advance and render prosperous the lawful trade and commerce of this Province, and of the said City of Montreal more es- pecially, and have further represented that having already experienced the good effects of their said association, and being convinced that the advantages arising from it would be greatly extended and increased if they and theli associates and succesbors were incorporated, and if certain p )wers were conferred on them, they pray the Legislature so to incorporate them and grant them such powers ; and whereas it is expedient to grant the prayer of their said Petition ; — Bt it therefore Enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legis- lative 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 Grea:: Biitain and Ireland, intituled, " An Act to Re- " unite the Proviiues of Upper and Lower Canada, and '•'■for the Government of Canada;" and it is hereby N\.mpr,(iWiK,na! Knactcd bv tlic -.uthoritv of the same, that the said J. T MeinberMif the MiMi- j j • j ircai I'.oani (if iradc. iJrondtjcest, Tlionias Oiiif^'an, Robert Armour, John M. 'I'obiii, James Logan, with the Honorable Peter McOill, the Honorable Austin C'uvilher, the Honorable Adam Ixrrie, J. P>. (Ireenshields, James Henderson, Harrison Stephens, Orlin Bostwick, Joseph Shuter, Theodore Hart, E. J. S. Maitland, S. Bagg, S. Hort, G. Rhynas, \V. Edmonstone, J. Scott, John (Uass, J. \V. Dunscomb, .liiims Miller. Thomas Kay, .1. Matlmwson, J. (I. M'Kcnzie, II \i. Uduth, .1. K. Mills, D. Kdss, Jdlui Frotliingliaiu, John Black, I). Torrance, Wni. Cowan, J. A. Perkins, W. Lyman. IL TL Perkins, A. TL Vas^ A. J. Phillips, Joseph .Mt'i\:iy, Jciui Bruncaii, W. Smith, K. Froste, S. S. Wanl, 'I". B. Anderson, J. CuthberlM.n, W. Bradbury, S. Straii'.'', J. Moore. H. Jones, J. Scott, J. T. FJarrett, IL Vennor, |). K. Mack, John Molsnn, I). L. McPherson, C. Brooke, J. Doimall, F. IL Reward, I). Murray, C. Dorwin, IL Corse, J. Rhodes, Jr., (J. \V. Warner, N. Hall, M. Oifden, the youn<>er, VV. (,\ Ogden, R. Latham, C. Carlton, J. Vallee, J. M. Blackwood, W. Peddie, J. M. Miller, T. McAdam, A. IL Armour, J. D. Gibb, J. Gibb, A. Mcintosh, S. GreenshieMs, T. Peek, William Thomson, E. C. Tuttle, B. Ansell, J. D. Bernard, John Carter, J. R. On", John Keller, J. (Jauthier, Mana Buck, Franc^ois St. Jean, Nicolaus W. J. M. Kurczyn, J. Dyde, A. Gilmour, H. MathewsoD. T. Mussen, W. .M'Farlanc, VVm, Cormack, Nathan Benjamin, F. Farish, W. Creelman, A. Furniss, d, C. Cushinir, J. Esdaiie, J. Smith, Jas, Dou^all, Jas. The said persons and Jack.'^on, J. Pratt, and such other persons identified with their associates and . ■, /■ , i n i • , i successors shall be a trade, commcrce or manuractures, as shall be associated bodv corporate by the '.i .1 1 i j? ^1 x-it,' * ^ name of " I'he Mont- With thc persous abovc named lor the purposes oi this Act, ra e. -^^ ^^ manuor hereinafter provided, and their Successors for ever, shall be and are hereby constituted a body politic and corporate, by the name of '-The 3Iontreal Board of Corporate lowers. Trade," and may by that name sue and be sued, implead and be impleaded, answer and be aniwered, defend and be defended, in all Courts of Law and places whatsoever, and by that name they and their Successors shall have perpetual succession, and may have a common seal, may break, change, alter or renew the same at pleasure, and shall have tlie power estate whi C(invey, let therrot Im otiier esta Provided personal i any one t dollars. N.B.- Act of IS previous A 3. may by ve paid, am by resolut ot the hoc Corn Excl resolution become m entitled to the duties h(rein con whatsoeve Exchange ri^lit oi'di by law. 4. I of the sa Montreal Associatic thereof ai to the sail vested th tiic same L'oru Exc con tern pli 5. ' (the Moc t the said J. T iiour, John M. '(.'ter McGill, norable Adam son, Harrison er, Theodore rt, Ci. Rhynas, V. Dunscomb, . (Jr. M Kcnzie, I''rothinly the same as shall be directed by such rt^solution of the Corn ExcliaiiLie Association, and for the jiv>neral purposes contemplated by this Act. 5. The funds and property of the said corporation Ai.piic.-ition of funds (the Montreal Board of Trade) shall be used and applied 6 Council of tlie Cdr- porutioti. Vacancies. ( ^iKjriim. Present Coiiiii.il ton tinued. Annual Metliny. tft ami for snv\\ purpitst's mily ii-> may bo calcmhiti'il to promote ami oxtoiid the just and lawful trade, conimerei! aixl niauufiicturos of (/unada, and of the said City ol Montreal more especiiilly, or as may be necressary for attainint; the objects contemplated by this Act. 6. The affairs, business and eoncorn.s of the corporation shall he nianai;ed by a prisident, two vice-presidents, a treasurer, and twelve or such other number of persons as may be provided by the by-laws, all of whom shall be nuimbers of the corporation, and shall together constitute and be called the Council of the said corporation, and be elected annually at such time and place as may be provided by the by-laws; all vacancies which may occur in the said council by death or otherwise shall be filled by the said council, and a niajoiity in number of the said council shall constitute a quorum lor the transaction of business. 7. The present council nhall remain in office until the first annual meetin<; held mxt after the coming into force of this Act. 8, An annual lueeting shall be held for the election of the council, andfor such otiier business as may be brought before such meeting, at such time and place and under such regulations and notices as the by-laws of the corpora- tion shall determine, and may be adjourned as decided at Kaihirc to eiccinot to ^ucli meeting; but in case of any accidental fiiilure or dissolve Corporiuion. ncglcct to liold sucli general election, the corporation shall not thereby lapse or terminate, but shall continue and exist, and the officers shall remain in oltlce until the next general election, or until such other period as may be provided for in the by-laws. Admission and i.\- pulsion of Members. Recovery of Mini'. due to corporaiion. 9. The corporation may admit, as members, such persons as they see fit, and may expel any member for such reasons and ic such manner as may be appointed by by-law. 10. AH subscriptions of members due to the corpora- tion, under any liy-law. all penalties incurred under any by-law by any person bound thereby, and all other sums of money due to the corporation, shall be paid to the treasurer thereof, and in default of payment, may be recovered in liny action court of con 11. Ki tion shall, b as such, ta and truly p all matters all su(di tl coneientiou) of the said meaning ol' to the presi city of Mo to be used shall remai said City , president ; other mem the paper.- 12. It a guarantee members a sickness, aj; up from sul as may be insurance resiieeting now in fo applicable, provisions ( such class by the cor subject to companies 13. 'I the majori of the cor for its go\ iu amuui] ■M- iii. y b(! oal(!ulaUMl to ul trade, eoiiimcrcM; the said City ol bo necessary for lis Act. sot' till) corporation vice-presidents, a nibcr of persons us of whom shall bo together constitute orporution, and be !« may be provided y^ occur in the said lillcd by the said said council shall of business. in office until the coming into force d for the election as may be brought place and under vs of the oorpora- ued as decided at idental failure or corporation shall ontinuo and exist, 1 the next general y be provided for i members, such member for such uinted by by-law. e to the corpora- irred under any ill other sums of I to the treasurer be recovered in any action brought in the name of the corporation in any court ol competent civil jurisdiction. 1 1. Kaeli member of the council of tlic said corttora- o.iili of omce to be . taken by Members, tioii shall, betorc enteniig upon the disciiarge ot Ins dutus as such, take and subscribe an oath that he will faitlil'ully and truly perform his duty as .such member, and will, in all nuittcrs connected with the discharge of sueh duty, do all such things, and such things only, as he truly and concientiously believes to be adapted to [ironjote the objects of the said corporation, according to tlu; true intent and meaning ol" this Act; and such oath may be administered liy w.iom t.. \x m[- ... , . . , , , ,. , ministered. to the president and vice-presidents by tiie mayor oi the city of Montreal, or by any commissioner for receiving to be used in the Superior Courts for Lower Canada, and shall remain among the records of the corporation of the said City ; and such oath shall bo administered by the said president and vice-prcsident.s, or any one of them, to the other mtimbers of the council, and shall remain among the papers ol' the corporation of the Board ol' Trade. 12. It shall be lawful for the corporation to establish (;,i.ar.-intee and Pen- , 1 • <• 1 r ^1 !■ • ]• sion Fund. a guarantee and pension fund lor tiic purpose ol aiding members and employees and their families in cases of sickne.s.s, age, misfortune or death; .such fund shall be made up from subscriptions, voluntary contributions or otherwise, as may be determined by by-law ; but no class or classes of Proviso : .as lo insur- insurance to which any ol the provisions ot the Acts respecting insurance passed by the Parliament of Canada, now in force or which shall hereafter be in force, arc applicable, shall be transacted by the corporation until the provisions of such Acts applicable to companies transacting such class or classes of insurance have been complied with by the corporation, and thereatter the corporation shall be subject to all the provisions of such Acts, applicable to companies transacting such class or classes of business. 13. The corporation is hereby empowered, by vote of Hv- Laws may be the majority at any annual, quarterly or special meeting |"'J'rposes.'' ^"'''■^'^*' of the corporation, to make all j)rnper and needful by-laws for its government, for the raising of capital, not exceeding Raising Capital. iu amount the aloresaid .sum of live hundred thousand 8 Officers. dollars, by tho issue of traiisferabli! shares, bonds or other- wise, to regulate the rate and payment of interest thereon, for the a]»p(iiTitini; of the conditions under wliich shares or bonds may be transferred or forfeited, lor the oniploynient of a secretary, assistant-secretary und sucli clerks and other officers and servants as may be necessary, for re^ulatinu; the mode of voting at any ordinary or iicneral meeting, and to determine whether the presidinii' officer shall or shall not vote, or shall or shall not have a double or casting vote in case of a tie; for the formation and maintenance of the liuarantee or pension fund, and for the management and distribution thereof generally ; i'or regulating and defining the rights of participants therein, and the imposition and Fines and Penalties, enforcement of any ])enalties and forfeitures in connection with siurh lUnd, and generally to make by-laws for all or any of the purposes within the powers conferred by this Act, and for the administration of its affairs generally, provided such by-laws are not contrary to law, and further to amend and repeal such by-laws from time to time in the manner provided by such by-laws ; and generally the Corporation shall have all needful corporate powers for the purposes of this /> ct. Voting. Guarantei uk! Pen sion Fund. By-Laws mr.y lie airended or repealed Liability of Mem'^crs limited. Certain Officials and Companies to fnn.ish returns, &c., tc the Corporation. Al its expense. 14. No nu-'uiber, otiiceholder or !^hareholder shall in any manner be liable to, or ciiarged with the payuu;nt nt any debt or demand due by the Corporation beyond the amount unpaid upon any of his subscribed shares in the capital stock of the corporation. 15. It shall be the duty of the haru'.r commissioners, harbor master and port warden of Montreal and, with tbe approval of the Governor in (.^ouncil, the collectors of customs at Montreal, St. Johns, Coaticook and such other points as may be desired, the officers at Montreal in charge of the Lachine Canal, the inspectors of flour and meal, wheat and other grain, beef and pork, pot and pearl ashes, pickli'd fish and fish oils, butter, leather and raw hides, and all other inspectors that are or may be hereafter appointed at Montreal, and of railway companies having termini in the city of Montreal, ar d their officers and servants, to furnish to the corporation and at its expense such staiistical and ollur Mich samJ resolution! 16. H nine and Clfivses A\ Act ; and wiu'rever members i| 17. times as Council, a tbe Menil number t\ be called ■wlidin .--hal award in voluntaiil' wherever ; by bond i between t Arbitratio made to a either V-y 1 of any gen of the Coi so submit upon the to submit subniissio or in otlic 18. the said such, tak Presiden' faithfuUj as Meml all cases !) ares, bonds or other- ; of interest thereon, )'ier which shares or i'or the enjployment ucli clerks and other ■y, for regulating the 3ral meeting, and to sr shall or shall not le or casting vote in maiuteiiaiice of the e management and lating and deliuin" the imposition and turcs in connection ) by-laws for all or conferred by this ' affairs generally, io law, and further iime to time in the nd generally the •ate powers for the ireholder shall in he payment ot any eyond the amount ■res in the capital -r commissioners, utreal and, with , the collectors of •k and such other ontreal in charge flour and meal, and pearl ashes, id raw hides, and •oafter appointed avit)g termini in iind servants, to esuch staiistical and otlicr iiilni niation iclatinu to trade and ciuniiicnT', :iii(l MK'li samples as may, iVoin time to time, be r('(|uin'il by resolrition of the Council. 16. i^cctidiis seven. ('i'.;i.t. nine, ten, eighte''i. thirty- nine and (orty of the '^('nn. da .Joint Slock < 'm/Kniicn' Cl((usen Act, l(St)l)," shall not be iucorporatid witli this Act ; and for tlii' [imposes hereof, the expression '•'directors," wherever the ,-ame occurs in the " CamiJa Joint Stock Oimjianifs' (Vaiisrs Act, 186';)." shall be held to mean the members ol' tin- council of tlie said IJoard of Trade. 17. And be it iMiacted, that at the same time and times as are hereby appointed ior the Kleetioti of the Coimcil. and in the same manner, it shall bi; lawful for the Mendjers (if tlie said (Vjiporation to elect iVoni their number tv.'elve persons who -hall form a Hoard, which shall be calUid the " Board of Arbitration," and any three of wboni shall have power to arbitrate upon and to give their award in any commercial case ol' difference wliieli shall be voluntarily referred to them by the parties concerned ; and wherever any sueli jiarties shall agree and bind then selves by bond or otherwise to submit the matter in dispute between tliem to the decision of the said Board of ArbitratiiiM, >uch submission shall lie understood to be made to any three 31 embers of the said Board, who may either by the especial order ol' the said Board and by virtue of any general rule adopted by them or under any By-Law of the Corporation with regard to the consideration of cases so submitted to tliem, be appoinicd to hear and arbitrate upon the case, and shall be understood to bind the parties to submit to the decision of tlie said Board, and any such submission may bo in the form of the Schedule to this Act, or in other words to the same effect. 1 8. And be it Enacted, that the several Members of the said Board of Arbitration shall, belbre they act as such, take and subscribe before thf. President or Viec- Presiderit of the Corporation, an Oath that they will faithfully, impartially and diligently perform theii' duties as Members of the said Board of Arbitration, and will in all cases submitted to them uive a true and ju>t award Certain provisions of 32-33 y.tC. i:-, lint lu apply. A Hoard of Arbitra- tion to be fleeted at the s.-.me time as iho iMenibers of the Conni.il. \'.y wiioin Midi I'oard of .Arlutratioh sliall .let, and in wlial cases. 'i'ernis of snbiuissioii to award of tlie Hoard - -liow to be interpre- le,l. I'onn of such sub- mission. The Members of the Hoard of .Xrbitralinn shall take an Oath of (Miice. Nature of the ( )ath. 10 according: to thcbestof tlicirjudiiuient and ability, without fear, favor, or affection of or for any party or person ., 1 r^ .u 1, 11 whonii^oevcr, and this Oath shall bo kept amon"!; the docu- How such Oath shall ' t '5 he recorded. nicnts of the Corporatioii in the manner provided with regard to tlic Oath taken by the members of the Council. MenibersoftheCouii- JQ^ And be it Euactcd, that any Member of the cil may be Members of the Hoard of Ar- Couucil of the Corporatiou may be at the same time a bitration. ■ i i-, t ,. » i ■ Member oi the said lioard ot Arbitration. Powers of the Mem- bers of the Hoard when acting as Ar- bitrators. Their decision shall bind the parties. After 1st Jan., iS.tL'. the Board of Exam- iners of apphcants for the office of Inspect- ors of articles hable to inspection in the l)istrict of Montreal shall be appointed by the Council of the Board of Trade. The powors and tlulies of such Boards of l''..\amincrs and their number of Mem- bers shall be same as heretofore. I'rovisos. Wormer Members of such Hoards of K.xaminers may be re-appointed by the said Council. 20. And be it Enaeted, that the three Members appointed to hear any case submitted for Arbitration as aforesaid, or any two of them, shall have lull power to ex- amine into the facts of such case, and to examine on Oath, (which Oath any one of such three Members is hereby empowered to administer) any party or witness who appear- ini:' voluntarilybeCoretheuishall bo willint;' t bo so examined, and shall uive their award thereupon in writing; and their decision, or that of any two of them given by such award, shall bind the parties according to the terms of the submis- sion, and the provision of this Act. 2 1 . And be it Enacted, that from and after the first day of January, one thousand eight hundred and forty-two, the several persons composing the Boards of Examiners to examine applicants for the Offices of Inspector or Assistant Inspector, for or within the District of Montreal, of Flour and Meal, or of Beef and Pork, or of Pot and Pearl Ashes, or of any other article subject to inspection, shall cease to be ..Members of the said Boards ; and thereafter the Members of the said Boards respectively shall be such persons only as shall from time to time be appointed to be such Members by the Council of the said Corporation, any law to the contrary notwithstanding; but the number, powers and duties of such Boards, and of the Members thereof, respectively, shall bo in all respects the same as they now are, and they shall be sworn to the due performance of their duty in like manner ; Provided always, that nothing Ik rein contained shall prevent any person who shall under the provisions of this section cease to be a Member of any such Board, from being re-appointed a Member thereof by the sa anythil Corpoil boini. no Mol 22| law ill taking case wl hereby as aiitrt] person where a| or autlui 11 ntand ability, without any party or person kept among the docu- nanncr provided with nibers of the Council. any Member of the at the .( persons may make an affirmation instead of taking an oath where required by this Act. the said Council if they shall deem it expedient, nor shall anytliing herein contained prevent any Member of the said Corporation, not being a Mcnjber of the Council, from bi'ing appointed a Member of any of the said Boards; but no Member of the Council shall be appointed. 22. And be it Kiiacted, that any ])erson who may by law in other cases, make a solemn affirmation instead of taking an Oath, may make such solemn allirmation in any case where by this Act, an Oath is re(juiri'd ; any person hereby authorized to administer an Oath may in such case as aforesaid, administer such solemn affirmation, and any person who shall wilfully swear or affirm falsely in any case where an Oath or solemn affirmation is by this Act required or authorized, shall be guilty of wilful and corrupt perjury. 23. And be it Enacted, that the Members of the Council and of the Board of Arbitration, shall, during the time they respectively remain in office, be exempt from serving as Jurors in auy case Civil or Criminal. 24. And be it Enacted, that nothing in this Act shall affect any rights of Her Majesty, her Ileiis or Successors, or of any party or person whomsoever, such rights only excepted as are hereiu expressly mentioned and affected. 25. And be it Pjuaoted, that this Act shall be a Public Public Act. Act, and shall be judicially noticed as such by all J ddges, Justices and other persons whomsoever without being specially pleaded. Wilful false state- ments in such oath or affirmation shall be perjury. Members of Council and Hoard of Arbi- tration exempt from service as Jurur... Rights of the Crown and other parties saved, except when expressly mentioned. SCHEDULE Fonti of Onth to bt tdkeii, hji the Membtvs of the Conncil: T swear that T will faithfully and truly perform my duty as a Member of the Council of the Montreal Board of Trade, and that T will, in all matters connected with the discharge of such duty, do all such things and such things only as 1 shall truly and conscientiously believe to bo adapted to promote the objects for which said Board was constituted, according to tlu; true intent and meaning of the Act incorporatinu' the same. So help me ( Jod. 12 Fill III of Oittli fo he tiihcn hij tlia iMcmhers of the Board of Arh\trifl'om : I sweiir tli;it 1 will i'aithCully, inipartially, and (lili^ently pi'i'loriii my duty as a ^lenibor of the lioard of Arbitration of the Montreal JJoard of Trade; and I will, in all ca:-os in which I shall act as Arbitrator, give a true and jufit reward according to the best of my Judgment and ability, without fear, favor, or affection of or for any party or pcr.son wliomsoever. So lielp me God. Form of a Kuhmissioii to the award of the Board oj Arbitration : Know all men, that the undersiirned and the unders^igned {If there he more pii'ties, that is, more separate interests, mention them) havint;' a diflerence as to the respective rights of the said parties in the case hereunto subjoined, have agreed and bound themselves under a penalty of Currency, to perform the award to be made by the Board of Arbitra- tion of the Montreal Board of Trade in the case aforesaid, under the penalty aforesaid, to be paid by the party rei'using to perform such award, to the party ready and Viilling to perform the same. In witness whereof, the said parties have hereunto interchangeably set their hands, at the City of Montreal, on the day of 18 A. B. CD. E. F. MON' Aiiiiiicl foUownig " the Co\ 2.- following " the ('oi "of 'I'rac 3-- foUowinc absent, 1 or if he i REI. Manufai days in may if to Men conside a form poratio paid hi within cancel shall 1 Board »f>('r.s of (he Board impartially, an,] )or of the lioard ol J'rade; and I wij], itrator, givo a triu luy jutlguient and I or Ibi- any part}' <^o help me (j|,,ti. of the Board o/ separate interests, to tlio respective lereunto subjoined, under a penalty Currency, Board of Arbitra- tlie case aforesaid aid by the party 2 party ready and ies have h ereunto Ci ty ot M ontreal, 18 A. n. U. D. E. F. BY-LAWS MONTREAL BOARD OF TRADE, AlMil'l K|) A!' II II Kid Gmieval Mcetiii;/ held llfli January, 1887. I N TERPRF.TATION CLAUSES. I. — Wherever the words, "the Board" occur in the following By-Lavv's, they shall be understood to mean "the v'orporation of the Montreal Board of Trade." 2. — Wherever the words, "the Council" occur in the following By-Laws, they shall be understood to mean "the Council of the Corporation of ihe Montreal Board "of Trade." 3. — Wherever the President is mentioned in the following By-Laws, it shall be understood that when absent, he shall be replaced by the First Vice-President, or if he too he absent, by the Second Vice-President. RELATING lO MEMBERSHIP, SUBSCRIPTIONS, iC. 4. — Any person interested in Trade, Commerce or .„, , ^ J I ' Who m.iy become Manufactures, whose name has been posted for fifteen i^icmbers. days in the usual i)ublic meeting place of the Board, may, if approved, be thereafter admitted by the Council to Membershij) in the Board, but no person shall be considered a Member of the Boart! until he has signed a form undertaking to be governed b)' the Act of Incor- poration and the present and future By-Laws, and has paid his subscription ; and if the subscription be not paid within thirty days of such admittance, the Council may cancel the Membership granted. 5. — An Entrance Fee of One Hundred Dollars shall be paid by all persons becoming Members of the Board after 30th June, 1887. F.iitr.ince Fet. 14 Certificate of Mem bership. Transfer of (Jurtifi cate. Annual Subscription. When Subscriptions shall be paid, — pen alty for non-payment Resignation of Mem- bership, how effected. Application of all Revenue. Members may be assessed to make up deficient revenue. 6.— A Certificate of Membership, bearing the otTiriai sealof the Corporation, and the signatures of the President and Secretary, shall be granted to every member, the same to be transferable after 30th June, 1887, only to a person duly elected to inenibersliip. upon the payment ot a transfer fee of One Dollar and any unpaid assessment due by the transferor, but certificates issued prior to 1st July, 1887, shall not be transferable before rstjuly, 1890. The Certificate of a deceased ^iember may be transferred l)y his legal representatives subject to the aforesaid restrictions. 7. --The Ordinary Annual Subscription of each Member of the Board shall be Six Dollars, and the Special Annual Subscription for Membership m any Branch Association, Nine Dollars in addition. All subscriptions to be reckoned from ist January to 31st December, but Members joining after 3 i.st July shall pay half the .Annual Subscriptions for that year. 8.- AH Subscriptions, Ordinary, Special, Table Rents, Clerk's Tickets, \'c., shall be paid each year before I St February, and any Member failing after notification to comply with ihis liy Law before ist March, may, at the discretion of the Council, Ijc suspended : and if at expiration of the current year the dues be still unpaid, his name may be removed from the roll of Members, and all Membership privileges be forfeited. 9. — Any -Member desirous of withdrawing from the Board, sh^ll give notice thereof in writing, to the Secretary ; -but liefore his wish shall be complied with he must have j^aid his subscription to the close of the year in which the apjjlication to withdraw ma)- have been made. 10.- All Funds arising from Tables, Secretary's Fees, l^'ines, and all other sources whatsoever, shall, with the membership fee, go into the common fund of the Board ; and, should the revenue not be sufficient to meet expenses, the Council shall have the power ot assessing members pro rata to the amount of the deficiency. 15 1 1. — Wilful violation of the Constitulion or By-Laws; reporting quotations to the Secretary or Assistant- Secretary knowing them to he false or fictitious ; breach of verba! or written contract, or other dishonourable conduct in business on the part o/ any member towards another membe.', shall, when reported in writing to the Council bv the member aggrieved, he taken into con- sideration ; and if after the part)- charged therewith has had an opportunity of defending himself, die Council shall be of opinion that he is guilty of misconduct, it shall suspend him from membershiji for such period as may be determined, or should the Council consider the case is one calling for expulsion of the Member, it shall pass a resolution to that effect, and submit the question to the next Ceneral Meeting of the I'oard ; a vote to expel shall be by ballot, and must be carried by at least two thirds of all the Members present at such Meeting. In the event of the expulsion of a Member, all fees due by him to the Corponuon shall be recoverable under the Statute. The names of [jariies who may have left the City under dishonourable circumstances may be removed from the roll of members by the Council. Ri;i.\l'IN(; TO EI.I'XTIONS. 12. — At the Annual Meeting there shall be elected by ballot a President, a First Vice-President, a Second Vice-President, a Treasurer, and twelve other Members, who with the President, Vice-Presidents and Treasurer shall form the Council, and remain in office for one year or until their successors shall be appointed ; but no such Ofificer or Member of the Council shall hold the same office for more than two years in succession. And provided further that no person shall be re-elected to the office of President, Vice-President, Treasurer, or Member of Council, for the current year if he shall have been absent, without leave obtained from Council, from more than one-half of the meetings of Council held in the preceding year. 13. -There shall also be elected by bal''tt at the Annual Meeting (in accordance with Sec. XVll of the Misconduct of Mem- bers, action to be taken by Council. Expulsion of Mem- bers. Officers and Council shall be elected at Annual Meeting. No perso?i shall hold same office for more than two years in succession. No person to be re- elected to office if ab- sent without leave tVom over cue-half of Con.icil Meetings. Election of a Board of Arbitration. 16 Act of Incorporation), ;i !!( aid of .\rbitiati()n to serve lor one >ear, romposed of twelve iN'emhers of the Hoard, any three of whom shall have power tn arbitrate upon and to give their award in any commereial case of difference between Members, or between Members and non-Members, which shall be voluntarily referred to them by the parties concerned. KleclicMi of Offic" .11, 1 i- r V 1 , i i i i!ea,ers to take i>re- '4- —Hie elcction of oiTice-l)earers at each Annual \!^uZ:'^ ■'•" '"'"■ Meeting shall take precedence of all other l)usiness after the reading of the Minutes and the Annual Report. DeieRntes to Dt.mi,,- 15- — Delegates from the Board to the Dominion iiowaiici v.heneieaea Board of Trade, may be elected by ballot at any General Meeting. Nciiiiinations fcjr ail , .^ . . . , „ ,- t-. • i tt- oKices shall heniiahj I o. — Nommations for the offices ot President, Vice- counci'i.'"''^'^'" '^'"^ Presidents, Treasurer, Members of Council and Board of Arbitration, may be sent in to the Secretary in writing, by any Member of the Board not later than Monday of the week preceding that in which the Annual Meeting is fixed to be held, and if less than Thirty have been so noniinated, the Council shall on the following day (Tuesday) add suhicient names to the list to make up that number. All nominations to be posted or 'Change when received, and none to be accepted after the last Tuesday prior to the Annual Meeting ; and no person to be elected to office who has not been so nominated. 1 7. — If any Member of Council be absent w-ithout Seats of Members of Council absent with- out leave four con.,-- its leavc for four consecutive months, his seat shall be cutive iiionths shall ' be (leciared vacant, declared vacant, and all vacancies, whether caused thus and tilled by Council. or by resignation or death, shall be filled by the Council as provided by Sec. 6 of the Act 49 Vic. Chap. 55. RESPECTING GENERAL MEETINGS OF MEMBERS, AND MEETINGS OF COUNCIL. Annual General 1 8. — The Annual General Meeting of the Board Meeting, when to be ° held. shall be tield on the last Tuesday in January in each year, except w-hen that day may hapj)en to be a legal holiday,— in which case the Meeting shall take place upon the following day. 17 ro.— (huirterly (lencral Mt'ctiiigs may he held on '.''i^irt'^iW r 1 1 1 • Meetinijs.liuwcalUd* last known address of each Member, or by an advertise- ment published d:iily in one English and one French news])apcr, for at least tlvi three days immediately preceding date fixed for the .Meeting, shall be suHlcient for all Meetings of the board ; Meetings of Council to be called in such mannei as the Council may order. 24.— At all Meetings of the board or Council the when Chaimmn uK-iy ^ ^ vote. Chairman shall vote only in case of a tie. DUTIK.'; OK OFFICK-BEaRERS. 25, — It shall bo the duty of the President or Duties of President, presiding Officer, at any Ordinarj or Special General Meeting, to regulate the order thereof, to receive and put motions, and to communicate to the Meeting what he may think concerns the Mercantile Interest. Appeals Appe.-»i5 from deds- ion of chair p;rmitted. may W A from the decision of the Chair, to the ? 'embers present. The President shall also, with the Secretary, sign all papers and documents requiring signature or execution on behall ot the Corjioration. 18 fiiitir* uf Ticnsnrer. 26.- The Treasurer sliall have charge of all funds helonging to the Board, and shall duly deposit t' samf- HI an in(or[)orated Bank, approved hy the Coun nd shall afterwards invest the same as may be orderec. . . -ni time to time hy the Council. Out of such funds he shall pay amounts approved hy the Council, and kee]) a regular account of the income and expenditure of the Board, an audited statement of which shall be laid on the table at th(! Annual Meetir.g, or at any other time that he may be re(iuire(l by the Council to do so. C."ouni;il sli.all m.-inagc nffairs :iiui business of Hoard. DUTIES OF THE COUNCIL, 27. — The affairs and liusiness of the Board shall be managed by the Council, as constituted by the Acts of In(H)rporalion, who shall have the sole management of all the moveable and immoveable pro])erty which may now or hereafter be accpiirod by the Board, and have power to aulhorize the President to acquire by lease or purchase such land or premises as may be requisite or necessary for the j^rosecution of the objects of the Ikiard, on such terms and conditions, and for such period, as the said Council in its discretion shall see fit. 28. — The Council shall conduct all the business of the Board, reporting its proceedings at each ordinary General Meeting. 29.- -The Council may appoint a Secretary, or other oflficers, and regulate his or their duties, salary or salaries. Council tn.ny Petition 30.- -The CouHcil may draw up Petitions, and either with or without re- , ^ , , r-. 1 • ' 1 , t ferring to the Hoard torward them to Parliament, or elsewhere, as the case may be, — at once, or, if they think proper, refer the same to the Board at any General Meeting, but when Petitions are forwarded without such reference to the Board, notice of action taken shall be posted in its usual Meeting place. Council .shall Petition ,^T. — Tile Council shall, if retiuircd by the Board, \\ hcu required by the Hoard. draw up and forward such i'etitions as may be agreed upon at any General Meeting. (.'ouncil to report its proceedings. Council may appoint a .Secretary, ("^lc. 19 32. — All Petitions must be signed by the President, and countersigned hy the Secretary, with the Seal of the Board. 33.- -I'he Council shall have power to estal)lish su< h rules as may be necessary to rej,'ulate the meetings for 'Change, and, generally, such rules as may he required for the management of the Room and offices of the Board, and the renting of Tables, Stands, &c. 34 — The Council shall have |)uwer lo make such use of the Commercial Statistics collecteil for the Board, of the quotations collected from Member.- or others, and of the circulars and reports [lublished by the Board or under its authority, as shall, in its opinion, be most advantageous. 35.— At the regular weekly or other Meetings of the Council, the Chairman shall have power to api)oint Committees, Members of the Council or of the Board, who shall examine, consider and report to the Council upon any subjects submitted for their action. 3O. — It shall be the duly of the Council to i)resent a general report of its |)roceedings at each Annual Ceneral Meeting, — such rejjori lo be printed, and a copy of it sent by mail to each Member of the Board, at least one week prior lo the day of Meeting. 37. — In accordance with the provisions of the General Inspection Law, it shall be the duty of the Council to appoint Boards of Examiners annually, such appointments to be made during the month of February in each year. Ry wliom Petition* sh.ill be nignuci. Council to rrgul.ila Meetings for 'I 'haiife I'tc. Council ui.iy arrant; lo supply .St.aiHticsi. Chairman nf Council may appoint Commit' tees. Council sliall ) .>ent report of proc jciings for past year at An- nual Mcctinjij. Council shall appoint Hoards of Examiners in February. DUTIPLS OF THK SECRF.rARV. 38. — The Secretary, under the su[)erintendence of Duties of secretary, the Council, shall be the executive officer of the Board, keep the B{wks of the Corporation, c(jnduct its corres- pondence, retain copies of all ofiicial letters, preserve all official documents, attend aiul take minutes of all Meetings, and perform all such other duties as j^roperly pertain to his office ; and shall, with the President, sign 20 and wli n nuc rssary, seal willi tlie seal of the Corpor- ation, all papers and documents reipiiring signature or execution on behalf of the Corporation. 1(»KMA1I1'N OK HUAN'CH TRADK ASSOCIATIONS. Knu RkiikIi irnae ■^^). JWanch Trade Assoriations may, on obtaining A«soti;aii)ii> iiiiiy Ijc ". . ^ i /-. mi/- i i i i.rnieii. xvhat sub- pcmiission from tlic C ouncil, be formed by any number MTiptioii Members , . , , , , , i ,,' \ tiifrcofsiK.il pay,. .11(1 ol Mcmbers of the Hoard (not less than eight), who may what ineetiiins lliey , . , . . .1 1 .^ • 1 . . .1 ' mayaticnu dcsirc to associatc thcmselves together to promote the interests of any particular trade, each Member of said Associations to i)ay the additional Special Annual Sub- scrii)tion i)rovidcd for in lly-I.aw 7, and Members of one T^ranch 'I'rade .^ssociation shall be entitled to attend all meetings on 'Change of other I'ranch Associations. Who Hranch Associa- 40. — Thc Branch Associatious shall each be gov- lions shall be Rovern- , , /m • 1 /< -^i <. 1 1 i. j i ed by. and how cmcd bv a CliairiiKin and Committee to be elected by the members of said IJranch Associations and may adopt, after approval by the (Council of the I'oard of Trade, such rules and regulations as they (the members of each Association) shall deem proi)er. ALTERATION OF DY-LAWS. How r.y-i.aws may 4 1. -AH 15y-Laws may be added to, repealed, or or amt Jed.' ■''''"'''' ^inicndcd, by a vote of two-thirds of all the Members present, at any General Meeting of the Board ; notice of such amendment having been given, with quotation of By-l.aw before and after proposed amendment, by Circular sent to each Member at least one week previous to the Meeting; and all proposed amendments must first be sent to the Council who will submit same to the Board at any General Meeting. (iii.irantee Schitme when anci how estab- lished. Provision for the Families of Deceased Members. 42. — Each person being a Member of the Board on 30th June, 1887, shall then be notified by Circular that he may, by payment of an entrance Fee of 'J'wenty Dollars within sixty days of such notification, become a Member of a Guarantee Scheme for families of deceased Members, which scheme shall thereupon be established LM uiulor the following rcgulntif)ns, Init should any of the said Mciiilicrs fail tn |My the entrance Fee within the sixty clays sptMifieci, the) shall afterwards he admitted to Mcnibership in the (luarantee Scheme only on stuh conditions as the I'ruslces may impose. 43.- All ])ersnns bccoining Members of the Hoard Meiiii.er»hip compui . ' siiry im pei!.oiis join- after _^oth June, 1.S.S7, must, siinject to arceptiince as im; Hofn.i niter jotii 1 ■ ' r 111 \t 1 /•!/> June, 18S7. hereinafter provided, become Members of the duarantee Scheme. 44. — All applit aiil>i tor .Membership 111 the (iuarautee Arpiicuiu fur Mem Sciiemc, shall answer sucli questions as to age, state of ,,„uvtic,iis r,- .-i^*-. hcallli, \-c., orall) or in writing, as the 'IVustees may fL?Miisreprest'mat'iou retiuire, (but persons who were Members of the Hoard on ''"=''''"'"-"'"• ist January, I'-^Hj, sh ill be exempt from examination as to state of health,) and any misre])resentation or conceal- ment thereanent, shall, at discretion of the CJouncil of the I'oard of 'I'rade, be considered cause for forfeiture of Membership in (luarantee Scheme, but this penalty shall not apply to Mend)ers wlv have jjaid all assessments for three or more consecutive years. 45.- -Upon the death (4 any subscribing member, sum nssosci on , ,, , , . .... , death of a Member. there shall be assessed agamst each sujjscription member- ship tile sum of three dollars, which shall thereupon become due to the Board, and shall be a lien on such membership. 46.— 'I'hcsum so assessed shall be p.ud within thirty Assessment to be , I 1 t I II 1 ,. 1- i .1 paid within thirty days, and any luember who shall neglect or refuse to pay the days, p..-naity fur same, after notice llu reof, shall have his name [)osted on """■p'»i'"'^"'' 'Change, and if it be not paid within sixty days from date of assessment, his Membershij) in, and all sums paid by him to the Guarantee Scheme, shall thereby be forfeited but he may be reinstated by the Council for reasons deemed by it good and sufficient. 47. — After proof of death of any subscribing member Division of assess- to the satisfaction of the Trustees, there shall be paid to the !!l'GratuiT>Vone'thtrd persons hereinafter designated, free from all debts, charges, '° ^'^'"^^ ^""''• or demands whatsoevi r, two-thirds of the assessment collected, and such further annual bonus from the oo Deductions fioiii Gru tuity tci be made fcjr uge. To whom C'lratuity shall be paid. Reserve Guarantee Fund as may hereafter be deemed advisable by the Trustees, subject to deduction for age (if over 50 when joining) licreinafter specified, the remaining third of the assessment and any deductions made for age, with entrance fees, and interest, to be devoted to the formation of a Reserve (luarantee l'"und, and payment of expenses. 48. — The following deductions from amount of the Gratuity and any addition thereto, shall be made where the Member was over lifty years of age when he joined the Guarantee Scheme : — Over fifty and under fifty-live years of age, less 10 p. ct. Over fifty-five " sixty '' " "15 " Over sixty " sixty-five " " '' 20 " Over sixty-five " seventy "• '' " 40 " Over seventy " seventy-five " " " 60 " Over seventy-five" eiglity " " " 80 '' 49. — The (iratuity shall, subject to the provisos hereinafter set forth, be paid in the following manner : — a. — The widow sur\iving, there being no child, the whole sum is payable to the widow. b. — The widow and a child or children surviving, one half to the widow and the other half to the child or to the children equally. c. --A child or children surviving, but no widow, the whole sum is payable to the child or to the children equally. d, — The issue of a deceased child take the share which such child would take if living. e. — A father surviving, but no widow, and no child or descendant, the father takes the whole. /. — .'V mother surviving, biit no father, no widow, and no descendant of a child, no brothers or sisters, and no nephews or nieces, the moiher lakes the whole. g. — A mother and brothers and sisters, or children ot any deceased brother or sister, but no tather, no widows ^ >?i»\ id le IS )e 23 no child, and no descendant of any child, the mother, >rother.s and sisters, or children of brothers or sisters, take equal shares, the children of any deceased brother or s,s er tak.ng the share which such brother or sister would take if livm". /. -Brothers and sisters, or children of deceased brothers or s.sters surviving, but no widow and no direct Imeal kindred, the brothers and sisters, or the children of any deceased brother or sister, take in equal shares. /.-Relatives of the half blood take equally with those of the whole blood. or le;^7^^^'r'''''''/^" """°'' ^'' P^'^'^ ^° ^he tutors oi legal guardians of their personal estates. .M ^r'^\^'^^''' '^^ '"'■"O'--'^ for whom no tutors or guardians shall be appointed, may be paid into a legal depository ot trust funds, subject to the order of such minors when they shall arrive at full age, or to the order ot their tutors or guardians when appointed. _ /—All tutors or guardians must accept the tutor- snip or guardianship in writing. ^//.-Should no tutor nor guardian be appointed he shares of minors may be paid to the executors under the deceased's will. 5°- . Should the member die leaving neither widow m , . ■ nor a child nor children, nor other relatives entitled to ^^^^^^^^ . . ^"' "'"' ^"^">-' iciricives entitled to participate according to the foregoing provisions, then the ^vhole sum shall be paid to the next of kin of the deceased w.thin the limit of representation prescribed by the Civil Code of Lower Canada ; and if there be none, and if in that case the aeceased has not designated to whom he would prefer his Gratuity paid in lieu of his next of kirr, then the same shall revert to the credit of the Guarantee Fund, ihe Council reserves the right however to carry out the washes of any member of the scheme as to the disposal of gratuity collected on his death, provided he has fvled m writing with the Trustees a statement thereof, and to pay the gratuity to the person or persons therein designated '".iy sif^nifv wishes regarding Gratuity. 24 But notliing herein contained shall be construed as giving any member of the Guarantee Scheme who may die, leaving wife, child or children the right to divert this gratuity from their use and benefit. 51. — Any Member of the Board transferring his Mem- fers i„ti;i<;.-,t in Guar- bershii) therein, shall thereby transfer all interest in, and antee Scheme, sus- i t j ' iffec"? er"" '"" ^■^^^^^'^ upou, the (iuarautce Fund, but suspension of a member of the Board shall not affect his interest in, or claim of his family upon that Fund, so long as he pays all assessments made by its Trustees. Transfer of Hoard Membership traus- Memljership of He ceased or expelled members subji.ct assessments traiisferreil. until 52. — The membership of a deceased subscribing '-' member, from the date of his death, or that of an expelled subscribing member, from the date of his expulsion, shall until transferred on the books of the Board, be subject to all assessments made by the Trustees during that period ; jjrovided always that so soon as such transfer is completed and all such assessments paid, the interest of a member, and, in case of his death, after payment of gratuity, all claims of his widow, children or next of kin, shall cease. Authority for p.iy- mtnt of Gratuity. Gratuity i:,»nnol he mortgaged orpledg'-d Members liability limited to three doll- ars on each death. 53. — In all cases a copy of the proceedings certified before a Judge, Justice of the Peace, Public Notary, or other functionary authorized by law to administer an oath, may be accepted as proof of the rights of the claimants, and he deemed ample authority to the Board to pay over the money, and such payment shall release the Board forever from all further claim or liability. 54.^ — Nodiing herein contained shall be construed as constituting any estate /// esse which can be mortgaged or pledged for the payment of any debts ; but it shall be construed as a solemn agreement of every subscribing member of the Board ; to make a gift to the family of each deceased member, and of die Ijoard to collect and pay over to such family the said gift, nor shall any thing herein contained be taken or construed as a liability of the Board, or its members, for the payment of any sum whatever ; the liability of each member, at law or in equity, being limited to the payment of three dollars only 25 on the (IcMih of any otlur niemlicr, and the liability of the Board he'mis, limited to the [tayment of such sums as above presrribed or se.c h put thereof as may be collected after it shall have been colli (tcd from the members. 55- — 'l"he inaiiai;enu'nt and distribution of theCuar- ''■aar.m'ee- Fund to antee ImhuI and the extcution of the ])rovisions of the by- t'^^" How and when laws affecting it, shall be under the cha.-e of Trustees, to be ^T''- '^-'""f^'^'-^^ known as "The Trustees of the (iuaraiitee fund," and to consist of the President and Treasurt r of the Board, and of three other Trustees, who shall be elected by the subscribing members at a time to he designated by the Council, and who shall hold office fur the terms of one, two and three years respectively, or until their respective successors are e'e( ted. .Such election shall be by ballot, and each ballot shall designate the term whether of one, two or three years (hiring which it is intended that each candidate shall serve. After such fir- 1 ele. tion there shall beelerted annually one Trustee for a tuTn of three years. 56. In case of any vacancy occurring, the Trustees Vaa.nt Trusteeship, shall fill the .san.e tiiitil the next annual election; but if they ^"'"' '^"'■■'^" shall fail to fill such vacancy within thirty days the same shall l)e niled by the Council. 57- -'I'lic TrustLCs sj-.all have power to choose their Trustees .st,.->ii du.ose own (Jhai; man, and, subject to the approval of the Council, rlwes^al^j'rr oVt"'\n'' to inake such rules as may be needful, and they shall ""^"V i" ^"""'"--ii-" make a full report of all interests in their care annually to the Coimcil. 5S. It shall l)e the dutv of the 'i'rustees to keep inistees sh.-iii invest securely inve.ted. in the name of the Trust or Trustees, in i^le"'"Si:i::;;^rr such securities as may be approved of by the Council, all ""-''"'"'"'^'^• monies paid to ihcin for the Fund, together with the annual interest and accretions arising froui the same, they shall al,-o examine all applicants for Membership in the Cuaraiiiee .Scheme as to age, .state of health, etc., and thereafter signify to the Council their opinion as to whether or no they should be admitted. 5y. Instruments affecting the invested assets of the How instruments air- Cuarantce Fund shall be executed by direction of the S]>T::^u'^"'' 2t) Council, in the name of the Hoard, by the President of the Board and the Chairman of the Guarantee Fund, upon recommendation of the Trustees and not otherwise Assessments li.ni'ed 6o.- Whenever the total assessments paid by each l"c=u?%oltM ":;'- member for the current calendar year shall by reason of exhaustua"' ^"'' ""' incrcascd membership or exceptional niortality among members amount to over Forty Dollars, the Trustees shall pay out of the Reserve C.uarantee Fund the next and all further gratuities liecoming due by death of members that year, such giatuities to be the average amount of those previously paid same year from assessments collect- ed; provided, however, that should the fi'ui be exhausted, the liabilties of each membership to make payments on account of asscssnients in excess of forty- dollars in any one year shall not thereby be imi)aired.