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put into writing and duly recorded in the minutes of the said Corporation, and be binding upon and observed and taken notice of by all members of the said Corporation; and any copy of the said By-laws, or any of them purporting to be under the hand of the Clerk, Secretary or other officer of the said Company, and having the seal of the Corporation affixed to it, shall be received as primâ facie evidence of such By-laws in all Courts in this Province; Provided always, that the Stockholders may, at any sident and Di- General or Special Meeting, appoint such salary or compensation to the President and Directors respectively as to them shall seem reasonable and proper.

Proviso:

Salary of Pre

rectors.

First meeting

of Sharehold

Certain persons appointed Directors.

XIV. And be it enacted, That the first General Meeting of the Shareholders of the ers when held. said Corporation shall be held at the office of the said Corporation in the City of Montreal, (at which place the said Corporation shall have its principal place of business) on the third Tuesday of January, one thousand eight hundred and forty-eight; and at such time and place, and on the like day in every year thereafter, or such other day as may be appointed at the first General Meeting of the Shareholders, in pursuance of this Act, the said Shareholders shall elect not less than three and not more than five fit and qualified persons to be Directors of the said Company in the place and stead of those who shall retire, as prescribed in the next following section; and until such first election, and until they shall respectively retire as aforesaid, the Trustees of the Association aforesaid, that is to say: The said Thomas Allen Stayner and George Desbarats, and the survivors or survivor of them shall be and are hereby declared to be and constituted Directors of the said Corporation; and they shall have and exercise all and every the powers and shall be subject to all and every the clauses, conditions, liability and restrictions imposed on the Directors to be chosen under this Act; Provided Proviso: Ser- always, that in all actions or suits, or other legal proceedings to be brought against the Corporation, it shall be lawful and sufficient for the Plaintiff or Complainant, or any other party, to cause process to be served at the said office of the said Corporation in the City of Montreal, upon the President, or on any one of the Directors, or on the Secretary of the said Corporation, at any other place; and provided that at the first meeting of the Directors to be holden after the passing of this Act, the said Directors shall choose and elect from among themselves some one to be President, and also some one to be Vice-President of the said Corporation.

vice of Process.

Retirement of
Directors.

XV. And be it enacted, That at the first General Meeting of the Shareholders, and at the Annual General Meeting in each year thereafter, two of the said Directors shall retire from office, (the order of retirement of the said Directors to be decided by lot); Directors may provided always that all the Directors so retiring shall be eligible for re-election; and the Directors, immediately after the election at each Annual Meeting, shall choose one of their own number to be President.

be re-elected.

Failure to hold meeting not to operate disso

poration.

XVI. And be it enacted, That the failure to hold the said first General Meeting or any other Meeting, or to elect such Directors or President, shall not dissolve the said lution of Cor- Corporation, but such failure or omission shall and may be supplied by and at any Special Meeting to be called as the Directors, in conformity with the By-laws of the said Corporation, may see fit to appoint, and until such election of new Directors those who may be in office for the time being shall be and continue in office and exercise all the rights and powers thereof until such new election be made, as hereinbefore provided.

clause.

XVII. And be it enacted, That the word "Lands" in this Act shall include all Interpretation lands, tenements, and hereditaments, and real or immoveable property whatsoever; and all words importing the singular number or the masculine gender only shall extend to more than one person, party or thing, and to females as well as males, and the word "Shareholder" shall include the heirs, executors, administrators, curators, legatees or assigns of such Shareholder, or any other party having the legal possession of any share, whether in his own name or that of any other, unless the context shall be inconsistent with such construction; and whenever power is by this Act given to do anything, power shall be intended also to do all things which may be necessary to the doing of such thing; and generally all words and clauses herein shall receive such liberal and fair construction as will best ensure the carrying into effect of this Act according to its true intent and spirit.

XVIII. And be it enacted, That it shall not be lawful for the said Corporation to commence or proceed with their operations under this Act, unless they shall have first paid up the sum of ten per cent. on the amount of their capital stock.

XIX. And be it enacted, That nothing in this Act contained shall in any manner derogate from or affect the rights of Her Majesty, Her Heirs or Successors, or of any person or persons, body politic or corporate, excepting so far as the same be specially derogated from or affected by the provisions of this Act.

10 per cent. on Capital to be paid up.

Rights of Her

Majesty saved.

XX. And be it enacted, That this Act shall be deemed a Public Act, and as such, Public Act shall be judicially noticed by all Judges, Justices and others whom it shall concern, without being specially pleaded.

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hereby appoint C. D. of

Form of

"to be my Proxy, and to vote and act for me as such at all Meetings of the Sharehol- Proxy. "ders of The British and Canadian Mining Company of Lake Superior, and in my

name to do all things with regard to the business of the said Company, which I may,

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by law, do by Proxy.

"Witness my hand, this

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I, A. B., for value received, do hereby bargain, sell and transfer to C. D.
share (or shares) of the Stock of The British and Canadian Mining

Form of
Transfer.

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Company of Lake Superior, to hold to him the said C. D., his heirs, executors, curators, administrators and assigns, subject to the same rules and orders, and on the same conditions that I held the same immediately before the execution hereof. And "I, the said C. D., do hereby agree and accept of the said share (or shares,) "subject to the same rules, orders and conditions. Witness our hands and seals, "this day of in the year

A. B.
C. D."

MONTREAL :-Printed by STEWART DERBISHIRE & GEORGE Desbarats,
Law Printer to the Queen's Most Excellent Majesty.

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WH

CAP. LXXVIII.

An Act to incorporate The Echo Lake Mining Company.

[ 28th July, 1847. ]

HEREAS it is of great importance to this Province that its Mines and Mineral Preamble, wealth should be properly worked and brought into use, and the several persons hereinafter named, have by their Petition represented that they have associated themselves together with divers others for that purpose, and have agreed by Articles of Agreement entered into at the City of Montreal on the seventeenth day of June, one thousand eight hundred and forty-seven, and have raised by subscription the capital necessary effectually to begin their operations, but that they experience great difficulties in carrying out the objects for which they are associated without an Act incorporating them, with the powers hereinafter mentioned, and have prayed that such Act may be passed: 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 hereby enacted Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, by the authoand for the Government of Canada, * That Andrew Shaw, Theodore Hart and Francis same, omitted. Hincks, all of the City of Montreal, the present Trustees of the Association mentioned Certain in the Preamble to this Act, and their successors, and such and so many other persons porated. or parties, as have become or shall become shareholders in the Capital Stock hereinafter mentioned, shall be and they are hereby constituted a Body Politic and Corporate, by the name of The Echo Lake Mining Company, and by that name shall and Corporate may sue and be sued, implead and be impleaded, answer and be answered unto in all name and Courts of Law or Equity whatsoever, and shall have uninterrupted succession with a Common Seal, which may by them be changed or varied at their pleasure.

Sic, and it is

rity of the

persons incor

powers.

of Corporation.

II. And be it enacted, That the Capital Stock of the said Corporation shall be Capital Stock twenty-five thousand pounds and shall be divided into twenty thousand shares, of one pound five shillings, each, which shall be paid by instalments at such time and in such manner as shall be prescribed by the Directors hereinafter mentioned.

III. And be it enacted, That no shareholder in the said Corporation shall be in any manner whatsoever liable for or charged with the payment of any debt or demand due by the said Corporation beyond the amount of his, her or their subscribed share or shares in the Capital Stock of the said Corporation.

Stockholders to be liable to their shares

the amount of

only.

Calls on holders of Stock

IV. And whereas an instalment of one shilling and three pence per share has been not to exceed already called in on the said twenty thousand shares of the Stock of the said Corpora

£1 3s 9d.

per share.

Proviso.

Certain property vested

tion: Be it therefore enacted, That the calls to be hereafter made on the holders of the said Stock shall not exceed one pound three shillings and nine pence per share; Provided also, that nothing herein contained shall exonerate, diminish or relieve any party from existing liability to the said Company, whether the said liability relates to contributions due or to fall due upon Stock already issued, or otherwise.

V. And be it enacted, That all and every the estate and property, real or personal In Corporation. belonging to the said Association formed under the Articles of Association aforesaid, at the time of the passing of this Act, and all debts or claims then due to or possessed by the said Association shall be transferred to and vested in the Corporation hereby established, which shall in like manner be liable to and for all debts due by or claims upon the said Association; and the Trustees of the said Association, at the time of the passing of this Act, shall be Directors of the said Corporation, as if elected under this Act, until their successors shall be elected as hereinafter provided.

Corporation

may hold real

prop rty to ex

tent of
£12,500.

Business of the Corporation defined.

Corporation may increase

to £100,000 currency.

VI. And be it enacted, That it shall be lawful for the said Corporation to have and hold such lands and immoveable or real property as may be necessary for carrying on the business of the said Corporation, provided the sum invested in real property purchased from private individuals do not a any one time exceed twelve thousand five hundred pounds; and it shall be lawful for the said Corporation to sell, lease, or otherwise dispose of the said property and estate as they may see fit.

VII. And be it enacted, That it shall be lawful for the said Corporation to engage in and follow the occupation and business of carrying on exploration for and of finding and getting copper and other ores, metals and minerals, and of manufacturing and disposing of the same for the benefit of the said Corporation, and to do all things necessary for the purposes aforesaid, not inconsistent with the rights of any other parties or with the conditions of any grant or other title under which the said Corporation may hold the lands in which such things are to be done.

VIII. And be it enacted, That if the sum of twenty-five thousand pounds be found Capital Stock insufficient for the purposes of this Act, then and in such case it shall be lawful for the Members of the said Corporation by a vote of not less than two-thirds in number of the Shareholders, representing not less than ten thousand shares, at any General Meeting to be expressly called for that purpose, to increase the Capital Stock of the said Corporation either by the admission of new members as subscribers to the said undertaking or otherwise, to a sum not exceeding in all the sum of one hundred thousand pounds currency, including the said sum of twenty-five thousand pounds currency herein before authorized to be raised, in such manner and upon such terms and conditions and under such regulations as shall be approved and agreed upon, and the capital so to be raised by the creation of new shares, shall be in all respects part of the Capital Stock of the said Corporation; and every Shareholder of such new Stock shall be holders of new a member of the said Corporation, and be entitled to all and every the same powers, privileges and rights as the persons who are now Shareholders, in proportion to the interest or number of shares which he may acquire, and to the amount of calls paid thereon; and shall also be liable and subject to the same obligations and stand interested in all the profits and losses of the said undertaking in proportion to the sum

Rights and liabilities of

Stock.

that

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