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MONTREAL : DONOGHUE & MANTZ, PRINTERS. 1847. ■JDC • • • • , ' I m- mt'S^ I • » • . • • • • • * • • ft • • • f ACT OF INCORPOEATION. ANNO OCTAVO VICTOEIiE REGINiE. CAP. XCIII. An Act to Incorporate Tlie Mechanics^ Imtitute of Montreal, [2Qth March, 1845. J WHEREAS an Association hath been formed in rreambie. 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- treat, for the purpose of forming a Library and Read- ing Room, and of organizing a system of instruction by means of Lectures and Classes, for the use and benefit of those who are or may hereafter become members of the said Association ; And whereas 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 affording 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, 3T5'5"5 ACT or INCORPORATION. " Mei'liiiiiics In-ititiito i)t' AloiitreuJ." that the benefits derivable from the said Association, would not only be secured, but be greatly enhanced, by the incorporation of the members 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 by 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 Leland, and intituled, Jn Act to Re-vnite the Provinces of Upper and Lower Canada^ and for the Government of Canada^ and it is hereby enacted by the authority of the same, fortnin per- That John Ostell, Thomas McGinn, William Foot- *""'d'us'fi!r' "*^''' William Telfer, Charles Garth, Andrew Cowan, George Dickenson, John Fletcher, William M. Milln, John Lambert, John Hilton, James Morice, William Watson, Charles Shrimpton, Donald M'Nevan, James Turner, John George, and Joseph Busby Brondsdon, 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, sluill be one Body Politic and Cor- ])orate, in deed and in name, by the name and style of The Mechanics^ Institute of Montrcaty and shall by CdiiimoiiPeui that name have perpetual succession, and a Common Seal, and shall have power, from time to time, to al- ter, renew, or change such Common Seal at their pleasure, and shall by the same name, from time to time, and at all times hereafter, be able and capable to have, take, receive, purchase, acquire, hold, pos- sess and enjoy, to them and their successors as afore- ^said, to and lor the uses and purposes of the said Corporation, any messuages, lajids, tenements and hereditaments of what nature, kind or quality soever, situate, lying and being within this Province, not ex- ceeding in yearly value the sum of one thousand pounds currency, — and also to take, receive, pur- chase, acquire, have, liold and possess, (provided the same do not exceed a like sum in yearly va- Pmiierty, ACT OF INCORPORATION. sociation, nhanced, reof, and ;ed; And f the said aclments by the with the icil and of f Canada, under the nt of the and, and of Upper [f Canada J the same, am Foot- \v Cowan, M.Milln, , William an, James hondsdon, jeingduly I'ith them and theii c and Cor- and style J shall by 1 Common imcj to al- l at their m time fo id capable hold, pos- s as afore- : the said nents and ity soever, 3e, not ex- thousand Liive, pur- (provided yearly va- lue) 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 Suinp nnd and capable to sue and be sued, implead and be ^ein^'sued. impleaded, answer and be answered unto, in all Courts of Law and places whatsoever, in all ami singular actions, causes, pleas, suits, matters and demands whatsoever, in as large, ample and be- neficial a manner and form as any other Body Politic and Corporate, or any persons able and capable in Law, may or can sue, implead, or answer, or be sued, impleaded, or answered, in any manner what- fioever. IL And be it enacted. That in all and every iiow Proceoi suit or suits in law, which may hereafter be institu- ^''"^" 1',^ f/^" ted agamst the said Corporation, service of Process poration. 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 any- wise notwithstanding. in. And be it enacted, That for the manage- vvimtoflirert ment of the affairs of the said Corporation, there shall poi'.ted."'' be elected, by the Members of the said Corporation, and by a majority of the votes of the Members pre- sent at the Special or Annual Meetings hereafter provided for, the following Officers, — a President, a First Vice-President, a Second Vice-President, a Third Vice-President, a Fourth Vice-President, a Corresponding Secretary, a Recording Secretary, a Treasurer, a Librarian, and a Cabinet Keeper, as also twelve other Members, who, together with the Offi- cers hereinbefore named, shall constitute and form the General Committee of the said Corporation, and «enemi Com- at least one half of the said General Committee shall """*^' be elected from among the operative Mechanics then Members of the Corporation. IV. And be it enacted. That the Annual Meeting Annimi Hep- for the election of the said Officers and Members to J.p"g*anV*^ dompose the said General Committee of the said Memben. ACT OF INCORPORATION. Proviso. Corporation^, shall be held at the place in which the usual meeting of the said Corporation are held, on the first Monday in November in each and every year : Provided always, that whenever the said first Monday in November shall happen on a Holiday or Fete cPObligatiori} the said Annual Meeting shall take place in manner hereafter provided ; and the said Officers and Members thereat elected, shall serve in 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 so to be had and made on the first Monday of November as aforesaid, shall 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 them as may be present at a meeting to be called by the President or Vice-President for the time being, in the manner hereinafter 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 effectual as if they had been made on such first Monday in November : Provided always, that the President, Vice-Presidents, Secre- taries, Treasurer, Librarian and Cabinet Keepers, with the twelve other Members aforesaid, to be elected at any general election of Officers 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. Present offi- V. And be it enacted, That until the first election cersoftheAs- of Officers shall take place as hereinafter provided, bToflScers^of the present Officers of the said Association shall ba the Corpora- and continue to be the Officers of the Corporation ir.t?r.'"" hereby created, and that the President, or, in hi» Proviso, — Members not tf) enter upon office until the Monday after their election. ACT OF INCORPORATION. ^hich the held, on nd every said first [oliday or shall take I the said I serve in ; ensuinff, ead shall eir offices a of any 5 had and aforesaid, or made, competent and their ■ them as led by the being, in Id as soon and make its, Secre- et Keeper, e Officers General n so made had been Provided its, Secre- Keepers, lid, to be under and II not enter respective after such rst election : provided, )n shall be Corporation or^ in hbs absence from the City of Montreal, the First Vice- President of the said Corporation, shall within three months after the passing of this Act, cause notice to be given to such of the Members of the said Corpo- ration as shall be then resident in the said City of Montreal, (by public advertisement, to be published ten days at least previously 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- point ; and the said Members, or the major part of Firsteiection 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- dent, a Third Vice-President, and a Fourth Vice- President, a Corresponding 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 such other Officers and ser- vants a? to them shall seem meet ; which said Offi- cers shall from the time of their election to their re- spective officesjcontinue therein until the firstMonday of November then next ensuing, and from thence- miui election. forth until others be chosen in their places and shall enter upon the duties of their offices in the manner aforesaid. Sucli OfiiceT'' t(» <•(llltiIm^' ill ollice until tlio first fill- Moile of til- ling Cll^lllt vucuncit'!' HI l.lie (ilfires or Coininitiee. ! VI. And be it enacted, That if at any time or times, it shall happen that any of the persons chosen to fill the said oliices, respectively, or to be Mem- 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 electedjthcn in every such case it shall be lawful and competent for the remaining Officers and Members of the Committee, or the major part of such of them as may be present at any duly appointed meeting, to choose 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, Proviso that the person or persons who may be thus elected, ^hall retain the said olfice or offices, and be a Mem- 8 ACT OF INCORPORATION. ber or Members of the Committee only until the Officer or Officers, Member or Members, in whose place he or they shall have been appointed would have aone out of office. Wlm shall be Members of the Corpora- tion. Ordinary Members. rorrespon- (iing Mem- bers. Honornry Members. VII, And be it enacted, That the said Corporation shall consist of an indefinite number of Ordinary, Corresponding and Honorary Members, all of whom shall be chosen according to the forms and under the restrictions and conditions hereinafter prescribed ; the Ordinary Members being those who shall pay and contribute to the funds of the said Corporation, such annual subscription as may, from time to time, be enacted by the By-Laws, Rules and Regulations of the said Corporation ; the Corresponding Members being those who reside at a distance from the City of Montreal, but who shall have no vote at any of the meetings of the said Corporation, and shall not be eligible to any of the ofiices thereof; and the Ho- norary Members being those only who being distin- guished for their scientific attainments, shall be ad- mitted, without payment, to all the privileges enjoy- ed by Ordinary IMembers, except the right of voting at the election of the said General Committee. P c< M b tl ti tl Tiow Mem- VIII. And be it enacted. That all propositions for ixTs shiiii he ^]^Q election of new Members of the said Corpora- pr(.|ii:;('(l and . 1 1 /~k T /-I T TT admitted. tion, whether Ordniary, Correspondnig or Honorary Members, shall be made in writing, at an ordinary meeting of the General Committee, by a Member thereof, and seconded, in writing, by another Mem- ber thereof ; and the name of the person so proposed, together with those of the j)roposer and seconder, shall be placed in some conspicuous part of the room or place where the meetings of the said Corporation are usually held, and shall there remain until the next Ordinary, General, or Annual Meeting of the said Corporation, at which time the election on the TiiTPe fMirths -> tx*bary. any such Member, and the Quorum necessary at any until the in whose ed would Drporation Ordinary, of whom under the escribed ; shall pay )rporation, e to time, populations Members he City of ,ny of the lall not be d the Ho- in:^ distin- lail be ad- ages enjoy- t of voting ttee. :)sitions for I Corpora- Honorary 1 ordinary I Member her Mem- ) proposed, [ seconder, 3f the room 'orporation until the ting of the on on the ;d always, rths of the f the Cor- election of sary al any ACT OP INCORPORATION. 9 such meeting to render it competent to proceed to the election of any Ordinary Member shall be ten ; for a Corresponding Memberj twelve j and for an Honorary Member, sixteen. IX. And be it enacted, That at all Ordinary qmrvm at Meetings of the said General Committee, seven "he^coimnit- Members shall be a competent Quorum to proceed tee or of the to all the usual business of the said Committee, ex- Corporution. cept in such cases as are herein otherwise specially provided for ; and whatever question, matter, or thing shall be proposed, discussed or considered at any such meeting, or any other meeting of the said Com- mittee or of the said Corporation, shall be finally determined by the majority of votes of the Members present at such meeting, except as herein otherwise provided for. X. And be it enacted, That the said Corporation Committw and the said General Committee of the said Corpora- "i"y J">i«i ei- tion may hold extraordinary meetings, to be called iaeeijn"s.'* and summoned in such manner and form as may be fixed by the ]3y-Laws of the Corporutioji : Provided Proviso ns tn always, that such extraordinary meetings of the Cor- Q«<""""'- poration shtdl not be competent to proceed to the business to be submitted to the said meeting, unless tifteen Members thereof are present, nor such ex- traordinary meetings of the Committee unless there be seven Members present. XI. And be it enacted. That the said Corporation Corporntion shall, from time to time, for ever hereafter, have jjl'V^^^.^^p,,^ power to make, constitute, ordain, and establish, re- cortnin pur- peal, alter or amend, such By-Laws, Rules and Re- I'^s^s- gulations (not being contrary to this Act or to law) as they shall judge proper for the mode of election of the said General Committee ; for prescribing their functions and the mode of discharghig the same ; for the admission of new Members ; for the government of the Officers and Members of the Corporation ; for prescribing the amount, collecting, and appointing the time of payment of the annual contributions of the Ordinary Members to the funds thereof j for re- 10 ACT OP INCORPORATION. Proviso, — ns (o the mode of passing •such By- Laws. rorpnmtion imiy he re- t|mre»i lo^ivo siMtemciits of its roceipla II 11(1 expend i- turt's. Ptdtomonts of its i)ri)|i(!riy to li<< lni(l nil- niKilly hcforo thft Lcjjislii ture. gulating the times and places, and mode of summon- ing of the ordinary and extraordinary meetings of the said Corporation, or of the General Committee ; for suspending or expelling such Members as shall neglect or refuse to comply with the By-Laws and Regulations ; and generally for the managing or di- recting of the affairs and concerns of the said Corporation : Provided always, that no such By-Law, Rule or Regulation, or any repeal, amendment or alteration thereof, shall have eiiect, unless the same shall have been announced and read at a meeting of the General Committee, at least fourteen days pre- vious to its being submitted for the adoption thereof by the said Corporation, at a meeting at which at least fifteen Members shall be present, nor unlestiie same shall be adopted at such last mentioned meet- ing, by at least three-fourths of the Members then present. X[L And be it enacted, That it shall and may be lawful tor the Governor, or person administering the Government of the Province for the time being, or for any or either Branches of the Provincial Parlia- ment, from time to time, to require from the said Corporation, or IVom the General Committee thereof, true statements under oath (which oath any Justice of the Peace is hereby authorized to administer) of the receipts and expenditure of the said Corporation ; and a statement of the real and personal Instate held and enjoyed ]\y the said Corporation, shall be laid before each iJnuich of the Provincial Legislature, within fifteen days after the opeiungof each Session thereof. m Cl 1 b i S( p a1 i oi 1 P 1 P 1 h w. b i a 1 ■ c Present Pro- XIIL 7\nd be it enacted, That tlie property, real ELs'l'fi'i"* ^^^^^ personal, now held by tlie Association iiereby A^soriiiti.Mi incorporated, or by any party in trust for them, shall rninsfirt.id to ]jq .yjj \^ hereby vested in the said Corporation, which shall be responsible for all debts and obliga- tions of the said Association, and may recover ;ind gnforce all claims and obligations in favor thereof. the ('iir|iurii tiun ACT OF INCORPORATION. n A 1 XIV. And be it enacted, That no Member of the Members not said Corporation, shall, in his private or natural capa- duaUy "table. city, be liable for any debt or obligation contracted by the said Corporation. XV. And be it enacted. That nothing in the pre- saving of sent Act contained shall affect, or be construed to pfegsiyTtieTt affect in any manner or way whatsoever, the Rights ed. of Her Majesty, Her Heirs and Successors, or of any person or persons, or of any Body Politic or Cor- porate, such only excepted as are herein mentioned. XVI. And be it enacted. That thl«» Act shall be This Act held and considered to be a public Act, and as such Acf/"^'''' be judicially taken notice of, neld and considered, in all Courts of Justice, and by all Judges and Justices of the Peace, and by all others whom it may con- cern, without being specially pleaded. m %i> I. Inst of ] pro^ tiori ofP I rnc Cla oil sta chi an (le Ci] thi nn M ui BY-Li^WS OF THE MECHANICS' INSTITUTE OF MONTREAL. I. The object contemplated in the formation of an Ohjectsofin Insthute under the above title, is the association of Mechanics and others for their mutual im- provement in the Arts and Sciences, and the promo- tion, by every means in their power, of a knowledge of Natural and Experimental Philosophy. II. For the purpose of carrying these objects into i.ihrnry, efTectj it is proposed to establish a Library of Refer- '^*^'""'' once and Circulation, Elementary Schools and Classes, a Reading Room and Museum- Lectures oil the Arts and Sciences shall also be delivered whenever practicable. III. To facilitate the attainment of the above- onkers, &c. staled objects, it is hereby dechuvid that the Me- chanics' Institute of Montreal shall have a Patron, and shall consist of a President, four Vice-Presi- dents, a Treasurer, two Secretaries, a Librarian and Cabinet Keeper, and twelve Members, to be called the Committee of Management, and of an inilefinite number of Ordinary, Honorary, and Corresponding Members. IV. The term "Ordinary Members" shall be OuVwnrr understood to include Life and Annual Members. *"'"' *"' riilfon. BY-LAWS. V. The Patron shall be a resident of the Province. AnnnaiMem- yi. All the Officers shall be elected from amonust nsrs only eli- '- i?ii)ie to office, the Annual Members. Admission of Members. VII. The admission of New Members shall take place agreeably to the terms of the 8th clause of the Act of Incorporation ; and persons so admitted, shall, on receiving a Card and subscribing to the following Declaration, be Members of the Corporation : — I, of -, do hereby promise to keep M and observe all and every the Rules and Regulations of this Institute, of which I have been elected a Member, and that I will use all reasonable means to advance the inte- rests of the same." MeniixTs to VIII. No Member shall be admitted either to the jinnhn-e ciifcls Rooms or the meetmgs of the Institute, unless he ])roduce his Card, if required to do so. reiin'.ty tor ieiuliiijj'ciinis. f iirrcspon- • liii;; ^iuiii- hvn. IX. Any Member lending his Card for the pur- pose of introducing a person not a Member, shall be tined two shillings and sixpence, and shall be ex- cluded from all the privileges of the Institulo until the fine be paid. X. No person shall be admitted a Corresponding Member who shall reside within ten miles of !lu? city of Montreal. Annual Members removing be- yond the above-named limit, shall, upon application to the Secretary, be ranked as Corresponding Mem- bers ; and Corresponding Members coming to reside within the said limits, shall, upon like application, and signing the Rules, &c., be admUtcd as Ordinary Members. BY-LAWwS. 1,5 Province. I amoniist hall take ise of the ed, shall, followins: n :- se to keep ulations of mber, and e the inte- ler to the unless he the j)ur- , shall be 1 be ex- ute until spondinij Js of \\ui ving be- plicatiori g Mem- to reside •licatioij, Ordinary XI. Corresponding Members, upon a temporary Privileges of 11111 -It 111 •• <''»rres|iiiiuliiig visit to JVlontreal, shall be entitled to ail the privi- Members. ^ leges of the Institute, except voting. Election ol" Otlicers. XII. The manner of electing ofhcers shall be as follows, viz : — The members being convened agree- ably to the 4th Clause of the Act of Incorporation, the chair being taken, printed balloting lists filled up "vrith the titles of the officers required to be elected shall be handed to all the members present qualified to vote, who shall first insert the name of the candi- date they propose forPresident, A second list shall then be filled up and handed in for theVice-Presidents.Se- cretaries,Treasurer, Librarian,Cabinet Keeper ; and a third list shall then be filled with such names as they shall think proper to be a Committee. The lists so filled up shall be delivered to the Chairman in the order above stated, who shall, in their presence, de- posit the same in the balloting box. The ballot being closed, the Chairman shall appoint three Scrutineers, not members of the Committee, who .*;hall proceed to cast up the number of votes, and report the same in writing to the Chairman, who shall announce the result to the Members assem- bled. XIII. In any case wherein there slial! be an F;(|iiniity of equality of votes, lots shall be prepared by the *"'^'*" Scrutineers and drawn by the Chairman. XIV. The Secretary shall cause a list of the Life i'i-i» t<> '"' and Annual Members to be placed in the Lecture '' '' "'' ' Room on the evening of election, and another list to be kepi in the Reading Room at all limes. 16 A pjirent icp« not eligible. ()ffi<»ers elec- ted to be uoti- tied. BY-LAWS. XV. No Apprentice, or Member under the age of twenty-one years, shall be eligible to office, or al- lowed to vote. XVI. The Recording Secretary shall, within three days after election, notify the different Officers or their having been elected ; and in case of any person who has been elected, refusing to serve, the person having the next greatest number of votes shall be declared duly elected ; and so on. Duties of Offi- cers. XVII. The President shall take the Chair at all meetings of the Instituie, and shall keep order. He shall in all cases appoint Special Committees, and in any division where the number of votes shall be equal, except at the election of Officers, he shall have a casting vote. In the absence of the Presi- dent, the Vice-Presidents, in their order, shall take the Chair, or, in their absence, such member of the Committee as the meeting may appoint. In an} case, the person in the Chair, during the time of his presiding, shall have all the power of the President. » XVIII. All the monies shall be deposited with the J roasnrer. r i t • Treasurer of the Institute, who shall keep a book ot accounts wherein shall be entered all receipts and disbursements, which book shall be laid upon the table of the Committee at any of their meetings, it required. XIX. All payments on account of the Institute, Drfiflstobe , ,, , i i i r i r« i • . signed ftnd shall DC made by drafts upon the Treasurer, which iii'i'ied.'' shall be signed by one of the Secretaries and coun- ter-signed by the President or a Vice-President. BY-LAWS. 17 Ihe agR oi fee, or aJ- thin three Officers 5e of any perve, the of votes air at all rder. He es, and in shall be he shall the Presi- shall take ber of the In an} ime of his resident. I with the a. book of 3ipts and upon the 3tings, it [nstitute, ', which id coun- lent. XX. The Treasurer shall furnish such security as Trcftsurer to the Committee may require, for the due and faithful curity. jjerfoimance of the duties of his office. XXI. The Recording Secretary shall attend all Secretaries. Ordinary or Special Meetings of the Institute, and the Meetings of the Committee of Management, re- cord all the proceedings in books kept for that pur- ])ose, issue such notices and advertisements as may be required, and make all disbursements under the direction of the Committee. XXII. The Corresponding Secretary shall conduct Correspon- all the correspondence of the Institute. denee. XXIII. The General Committee shall make Rules fJenenU Com for the management of the Library, Reading Room, Museum, Lectures, Classes, &c. &c. XXIV. They shall also make Rules for their own proceedings, not contrary to the General Rules of the Institute or to the Act of Incorporation, and shall decide all doubts and dilliculties not herein provided for, and generally shall have the care, superintend- ance and control of the funds, property and proceed- ings of the Institute. They sliall a])poInt a Superin- tendant and such other Sub-Oflicers as they deem necessary, whli suitable salaries. They shall also have the power to discharge any servant of the In- stitute- Sub-Committees shall be appoint(?d from Sub «'otn- the General Conmiitteejfor the dispatch of business, but their decision shall not be considered final, un- less confirmed by the General Committee. XXV. Three-fouiths of the Committee, not less Power to su,^ ■ , . , , . 1 ]»fl 1 iM'ntl or expel than eight being present, may suspend any Member Memljorn, from the privileges of the lubtitute, or expel him for 18