Preamble.

porated.

Name, and powers.

W

CAP.

CLVIII.

An Act to incorporate the Directors of the Berthier Academy.

[30th August, 1851.]

THEREAS a Petition has been presented to the Legislature of this Province by a certain number of the principal inhabitants of the Village of Berthier in the District of Montreal, praying that in order to the well working of a certain Educational Establishment commenced in the said Village, and for the greater advantage of Education in their locality, certain persons should be incorporated under the name of "The Directors of the Berthier Academy"; And whereas it is expedient to grant the prayer of the said Petition, inasmuch as an Act of Incorporation would in fact be advantageous to the welfare and progress of Education, as well as for the said locality in particular as for the Country in general: 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 Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority Certain persons incor- of the same, That John McBean, Leopold Desrosiers, Laurent Ubald Turcotte, Louis Joseph Moll, Jean François Gilbert Coutu, Narcisse Gauthier, Eugène Urgel Piché, and Anselme Douaire Bondy, all of the said Village of Berthier, and such other persons as shall under the provisions of this Act succeed them in the offices, duties and obligations which they shall perform and hold under this Act, shall be and they are hereby constituted a Body Politic and Corporate, in deed and in name, by the name of "The Directors of the Berthier Academy;" and shall, by the same name, from time to time, and at all times hereafter, be able and capable to purchase, acquire, hold, possess, exchange, sell, accept and receive for them and their successors, to and for the uses and purposes of the said Corporation, any lands, tenements and hereditaments situate in this Province, or any constituted rents in money also in this Province not exceeding the value of Six Hundred Pounds currency of net annual revenue or of annual rent; and to sell and alienate the same and acquire others by any title whatsoever for the same purposes; and they shall have full power and authority to make and establish such By-laws, Rules and Regulations as they shall think proper, for the government of the said Academy, which shall not be altered or repealed otherwise than in such manner and by such number of votes as they shall have decided, in making and establishing the same; and on ordinary questions, any majority whatsoever of the Members of the Corporation assembled at a meeting thereof, and assisted by a Secretary who shall be appointed at a Meeting of the Corporation, and who may be chosen from among the Members of the Corporation, or out of the Corporation, shall be entitled to pass Resolutions and give Decisions, adopt plans and measures, and put the same into execution, in order to promote and advance Education, for which purpose they are constituted a Corporation as aforesaid: Provided always, That nothing in the aforesaid By-laws, Rules and Regulations, Decisions, Plans and Measures shall be contrary to this Act, nor to the laws in force in this Province.

By-laws how made.

Rents &c., appropriated.

Appointment of Attorneys, &c.

II. Provided always and be it enacted, That all the rents, revenues, issues and profits whatsoever of the said Corporation shall be appropriated and exclusively applied to the support of the Academy, the welfare of Education, and to the construction, repairing or renting of buildings necessary for the purposes of the Corporation, and in such manner as the Members of the Corporation shall judge best to attain the said purposes, which shall not be other than those of Education.

III. And be it enacted, That the Members of the said Corporation for the time being, or a majority of them, in such manner as shall be provided by their By-laws, shall have power to appoint such Attorneys or persons as Administrators of the property of the Corporation, and such persons as they shall think proper for the purposes of Education,

Education, and to grant them respectively such salary or remuneration as they shall think proper, and entrust such persons with the duty of teaching, on such charges and conditions and in such form and under such system as they shall deem preferable; and the Members of the Corporation may enter into an Agreement with the School Commissioners of their School Municipality, and the said Commissioners may under this Act also enter into an Agreement with the said Members of the Corporation, so as to unite their efforts and ressources in order to place the Elementary Schools in connection or in relation with the Academy, and thus favor Elementary Education.

Corporation may

form relation with

School Commis sioners, &c,

IV. And be it enacted, That the aforesaid Members of the Corporation created under Duration of memthis Act, shall act as such during two years to be computed from the day on which bership. the first Meeting of the Members of the Corporation shall take place, which Meeting may be called at any time after the passing of this Act, by any two of the above named Members, and at such Meeting the Corporation shall choose a President, appoint a Secretary, and may pass By-laws as above mentioned; Provided nevertheless, that any Election of members Member may, even after performing his functions as such for two years, form part of in place of those rethe said Corporation so long as he may desire; and the said Corporation shall always be composed of eight Members, and no more; and the Members shall, on retiring from office, which they shall in no case do unless they shall have remained in office two years, or in case they shall have permanently left the Parish, or in case of their decease, be replaced by others to be elected in such manner as shall be provided for by the By-laws of the said Corporation.

tiring.

V. And be it enacted, That the said Corporation shall, when required by either of Returns, &c., to be the three Branches of the Legislature, present a Return shewing the Amount of Real made. and other property, held by them under the provisions of this Act, and the income derived therefrom; together with a List of the Directors and Officers of the said Corporation, a Copy of the By-Laws, and a Statement of the course of Study pursued. VI. And be it enacted, That this Act shall be a Public Act.

CAP. CLIX.

An Act to incorporate the Grand Division and Subordinate Divisions of the Order of the Sons of Temperance, in Canada West.

W

[ 30th August, 1851. ]

HEREAS certain persons have associated themselves in this Province under

Public Act.

the names of the "Grand Division and Subordinate Divisions of the Sons of Preamble. Temperance in Upper-Canada"; And whereas, in addition to the moral objects which that Association has in view, they are associated for the purpose of establishing a Fund for the Mutual Assistance and Benefit of the Members thereof, and of their Families, in case of sickness, disability, or death; And whereas, for the purpose of managing the pecuniary affairs of the said Association, it is desirable that the said Order of Sons of Temperance should be protected by an Act of Incorporation: 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 Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That the Honorable Incorporation. Malcolm Cameron, William Stewart Burnham, John M. Ross, William Rowland, Gavin Russell, Robert Bell, Aaron Pardee, William Harrison Ellerbeck, Christopher Leggo, William Clark, James Paterson Sutton, Thomas Nixon, John Lewis McDonald, and Edward Stacey, Members of the Grand Division of the Order of the Sons of Temperance of Canada West, and their successors, and such and so many other persons and parties as have become or shall become Members thereof, shall be and are hereby constituted a Body Politic and Corporate, by the name of" The Grand Division of the Order of the Corporate name Sons and powers.

Further powers.
Proviso.

Managers.

Security.

By-laws.

Subordinate Divisions

Sons of Temperance of Canada West," and by that name shall and may sue and be sued, implead and be impleaded, answer and be answered unto in all Courts of Law or Equity whatsoever; and shall have uninterrupted succession and a Common Seal, which may by them be changed or varied at their pleasure.

II. And be it enacted, That it shall be lawful for the said Corporation to acquire and hold land, and immoveable or Real and Personal Property: Provided that the Real Estate to be held by the said Grand Division shall at no time exceed in value the sum of Ten Thousand 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.

III. And be it enacted, That it shall and may be lawful for the said Corporation to appoint such Members thereof as they may think proper, in such manner as they may by their By-laws provide, for the purpose of managing the Funds and Property of the said Corporation, and to revoke such appointments and substitute others in their places as they may think expedient, and to demand and accept such security as they may from time to time deem proper, from such parties, or from any other Officers appointed by the said Corporation for the performance of their respective duties, and to make, ordain and put in execution, all such By-laws and Rules as they may think necessary for the purposes aforesaid, not inconsistent with the Laws of this Province.

IV. And be it enacted, That each Subordinate Division of the Order of the Sons of may become incorpo- Temperance now instituted, or which may hereafter become instituted within Upper Canada, may, in the manner hereinafter specified, be and become a Body Politic and Corporate by the name, number and place of location by which it is or may be designated in the said Order, and that each Subordinate Division, upon so becoming incorporated, shall have all the powers and privileges conferred upon the Grand Division of the Sons of Temperance by the first section of this Act, for the sole purpose of managing their Real and Personal Estate; Provided that the Real Estate to be held by such Subordinate Division shall in no case exceed the value of Five Thousand Pounds.

Proviso.

Mode in which a Subordinate Division may become incorporated.

Provision as to the

investing of the Funds of any Subordinate Division, &c.

V. And be it enacted, That each Subordinate Division which may be desirous of becoming incorporated, shall and may, by a vote of two thirds of its Members present at any Regular Meeting (of the intention to propose which vote two weeks' notice at least shall be given in Regular Meeting of such Subordinate Division by some Member thereof, in writing) decide to become so incorporated; and that upon a copy of the vote of such decision, specifying the name, number and place of location of such Division, and the names of not less than ten of the Members of such Subordinate Division, under the Seal of the said Subordinate Division, and its Recording Scribe and Presiding Officer, together with a Certificate of the Grand Division, under its Corporate Seal, and the Signature of its Presiding Officer and Scribe, that such Subordinate Division is in full standing in the Order,-being filed in the Office of the Register of the County in which such Division is situated,--the Members of such Subordinate Division, whose names may be included in such vote as aforesaid, and their Associates and Successors, Members of such Subordinate Division, shall be and become from the time of filing such Certificate as aforesaid, with such Register, a Body Politic and Corporate as aforesaid, by the style or name, number and place of location of such Subordinate Division.

VI. And be it enacted, That it shall and may be lawful for the Treasurer of each Subordinate Division so incorporated, and he is hereby empowered, from time to time, by and with the consent of such Subordinate Division, to be testified in such manner as may be directed by their By-laws, to lay out and invest all such sum and sums of money as shall from time to time be collected and not required for the immediate exigencies of such Subordinate Division, in real estate or on mortgage, or in Public or other Stock or Funds, or in such other manner as such Subordinate Division may deem best, and from time to time, with the like consent, to alter, sell, and transfer such Securities, Real Estate or Funds respectively, and otherwise to re-invest or dispose of the same; and that the Certificate, Bill of Sale, Deed or other Instrument of Transfer, Sale, or Discharge, of such Estate, or Fund or Security, shall be

made

made under the Seal of such Subordinate Division, and signed by the Treasurer and Presiding Officer of such Subordinate Division; and that all such Investments shall be made, and Securities taken, and Sales and Transfers made, in the Corporate Name and Capacity of such Subordinate Division.

VII. And be it enacted, That it shall and may be lawful for such Subordinate Security to be given Division, when so incorporated, to receive from the Treasurer thereof, from time to by the Treasurer. time, in their Corporate Name, sufficient Security by Bond, with one or more Surety or Sureties or otherwise, as such Subordinate Division may deem expedient, for the faithful performance of his duty as such, and that he will well and truly account for and pay and invest from time to time, all such Sums of Money, Funds or other Property as may come to his Hands or under his Control, belonging to the said Subordinate Division, as directed by the said Subordinate Division.

VIII. And be it enacted, That no Member of any Subordinate Division so Shares in property not incorporated, shall have any power to assign or transfer to any person or persons transferable, &c. whomsoever, any interest which he may have to or in the Funds or Property of such Subordinate Division, but the same shall at all times be and remain under the control of such Subordinate Division; and that no Property or Stock of any kind belonging to such Incorporated Subordinate Division shall be subject to the payment of the private debts of any of its Members, nor to be liable to be taken in execution by any judgment creditor against any individual Members of such Subordinate Division.

IX. And be it enacted, That the property of each of the Subordinate Divisions, Liability of Subordi when incorporated, shall alone be held responsible for the Debts and Engagements of nate Divisions, the Subordinate Division owning such property.

X. And be it enacted, That upon the dissolution of any Subordinate Division so incorporated, the property held by it at the time of such dissolution, after the payment of the debts and engagements of such Subordinate Division, shall be disposed of, sold, or conveyed in such manner as the Members, present at any Regular Meeting when such dissolution shall have been determined upon, by a two-third vote, may direct; and in case no disposition of the funds and property of such Subordinate Division shall be made, then all such funds and property such Subordinate Division may be possessed of at the time of such dissolution, shall be ipso facto vested in the Grand Division aforesaid, to be by such Grand Division applied, first to the debts or liabilities of such dissolved Subordinate Division, and the balance, if any, in such manner as the said Grand Division may deem best for the general interests of the Order in Upper Canada.

XI. And be it enacted, That if at any time hereafter, any one or more of the Subordinate Divisions shall become so far involved as to be unable to meet its engagements, then and in such case it shall and may be lawful for the said Grand Division to enter into and upon, and take possession of the said property, both real and personal, of which the said Subordinate Division, so becoming bankrupt, shall be possessed, and the same and all debts owing to the said Subordinate Division, and all liens and securities therefor, and all the said rights of action of the said Corporation for any goods or estate, real or personal, shall thenceforth and thereafter be and become vested in the Members, Trustees or Officers appointed for the purpose of managing the real and personal estates and effects of the said Grand Division, and their successors and assigns; and upon so entering and taking possession of the said estates and effects of the said Subordinate Division, the said Grand Division, so far as the said property shall extend, shall be and become liable for, and subject to, all debts and liabilities contracted by such Subordinate Division in its Corporate capacity, and shall and may thenceforth substitute the names or name of such Trustees or Officers as aforesaid, for the time being, and of their successors, in all actions then pending, and in their own names or name bring and prosecute all such actions or action, suits or suit as the said Subordinate Division might otherwise have done, and may give such releases and such discharges as might have been given by the said Subordinate Division, and may sell and convey all such property, both real and personal, as the said

265

Disposal of property

on the dissolution of any Subordinate

Division.

Provision in case any S. Division shall become insolvent, Grand Division to take possession of its

property, &c.

Returns to be made to the Legislature.

Duration of Act.

Public Act.

said Subordinate Division was possessed of, or was entitled to, at the time of such bankruptcy, and may give all such Deeds as may be necessary for the proper conveyance of the same.

XII. And be it enacted, That the said Grand Division hereby incorporated shall, when required by either of the three Branches of the Legislature, present a Return shewing the amount of the Real or other property held by the said Grand Division, and by each of the Subordinate Divisions incorporated under the provisions of this Act, together with lists of the names of the Managers, Officers and Members of such Grand Division, and Subordinate Divisions respectively.

XIII. And be it enacted, That this Act shall continue in force for the period of ten years from the time of the passing thereof.

XIV. And be it enacted, That this Act shall be a Public Act.

CAP. CLX.

Preamble.

Certain persons incorporated.

Corporate name and powers.

Suing and being sued.

Seal,

Property.

An Act to incorporate the "Temperance Reformation Society of the City of Toronto." [ 30th August, 1851. ]

HEREAS a Society formed in the City of Toronto, in the Province of Canada, by divers persons resident in that City and neighbourhood thereof, under the name of "The Temperance Reformation Society of the City of Toronto," having for its object the suppression, by precept, example, and unity of effort, of the dangerous and injurious practice of drinking intoxicating liquors, having expended a considerable sum of money in the erection of a Building for the use and purposes of said Society, and for the accommodation of Public Meetings convened for moral and useful purposes; And whereas it would tend greatly to advance and extend the usefulness of the said Society, and would secure to the Members thereof the full and free use and enjoyment of all the property moveable or immoveable, belonging to or which shall hereafter belong to the same, that the said Temperance Reformation Society of the City of Toronto, should be incorporated: 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 Ireland, intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That John Roaf, the elder, James Richardson, James Harris, Adam Lillie, Robert Burns, Doctor of Divinity, Clerks, Peter Freeland, James Scott Howard, Alexander Christie, Andrew Taylor McCord, John McNab, Robert Henry Brett, Robert Whitman, Joseph Powell, James Withrow, Isaac White, Thomas Winslow Anderson, Alexander McGlashan, Jonn Whitman, Ezekiel Francis Whittemore, John M. Ross, John McBean, Thomas Flemming, Samuel Alcorn, Thomas Elliott, and all such other persons as are now or may hereafter become associated for the purposes hereinbefore mentioned, and their successors for ever, shall be and are hereby constituted and declared to be a Body Politic and Corporate, by the name and style of "The Temperance Reformation Society of the City of Toronto," and by that name shall have perpetual succession, and be capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all Courts of Law and places whatever within this Province; and may have a Common Seal, with power to change, alter, break, and renew the same at pleasure; and that they and their successors, by the said name, shall be capable in law to purchase, take, receive and hold any estate, real or personal, either by devise, deed of gift, or otherwise, to the use of them and their successors, and to lease, sell and convey, or otherwise dispose of the same, as to them shall appear most advantageous for promoting the purposes of their Society:

Provided