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Provided always, that the annual value of such real or personal estate shall not exceed the sum of One Thousand Pounds, current money of this Province.

II. And be it enacted, That the said Corporation shall consist of an indefinite Who shall be Memnumber of Ordinary and Associate Members; the Ordinary Members being those, bers of Corporation. without distinction of sex, religious creed, political party, or condition of life, who Ordinary Members. shall sign and faithfully adhere to a pledge or promise to abstain entirely from using as a beverage or article of diet, any intoxicating liquor, and from manufacturing any such liquors, or selling them, or in any way whatsoever countenancing their use, except for Medical, Mechanical, or Scientific purposes: Provided always, that such pledge or promise aforesaid shall not be held to exclude the use of Wine in a religious Ordinance; the Associate Members being those who, being of the age of twenty-one Associate Members, years or more, do sign and faithfully adhere to the pledge or promise aforesaid, and contribute to the funds of the Corporation such annual sum or sums as may from time to time be enacted by the By-laws, Rules and Regulations of the said Corporation. III. And be it enacted, That for the management of the affairs of the said Corporation, there shall be elected by the Associate Members, from their own number tion. only, and by a majority of the votes of such Members as shall be present at the Special or Annual Meetings hereafter provided for, the following Officers, namely: a President, two Vice-Presidents, a Treasurer and two Secretaries, as also twelve other Members, who, with the Officers hereinbefore named, and such other Officers as the said Corporation or the Members thereof may think fit from time to time to appoint, shall constitute and form the General Board of Directors of the said Corporation, any five of whom shall be a competent quorum to proceed to business.

IV. And be it enacted, That when any Officer or Director of said Corporation shall die, or resign, become disqualified or incompetent, or neglect or refuse to act, it shall be lawful for the remaining Officers and Directors, to elect some other Associate Member duly qualified, in their stead, who shall hold their offices until the next Annual Election, and until others shall be chosen in their places.

V. And be it enacted, That until the first Election of Officers shall take place, as hereinafter provided, the present Officers and Members of Committees shall constitute and form the Officers and Directors of the Corporation hereby created, until the first Monday of the month of January now next ensuing.

every

Officers of Corpora

Quorum.

Mode of filling casual vacancies in the OfDirectors.

fices or Board of

Present Officers of

Society to remain in
Office for a certain

time.

Annual meetings for election of Officers and

Directors.

Quorum.

VI. And be it enacted, That the Annual Meeting of the Associate Members of said Corporation shall be convened at the place at which the usual Meetings of the said Corporation are held, on the first Monday of the month of January in each and year, which shall be notified by the Board of Directors for the time being, in one or more of the public newspapers published in the said City of Toronto, at least ten days before such Meeting shall be holden; and the Associate Members of the said Corporation who shall then meet, if not less than twenty in number, shall proceed to elect Officers and Directors as aforesaid for the year then next ensuing, and transact such other business as they shall agree to take into consideration; the said election shall be held by three Inspectors, to be appointed for that purpose by the Officers and Directors for the time being, and which Inspectors shall be the judges of such election, and certify the persons elected to the respective offices aforesaid: Provided always, that the Officers and Directors then elected, shall not enter upon nor act in the discharge of persons elected shall their respective offices until the expiration of eight days next ensuing after such enter upon their election; and if from any cause whatever the said Annual Meeting shall not be held Provision for failure at the time appointed, the Officers and Directors for the time being shall order and of any election. appoint such election to be held as soon thereafter as to them shall appear proper, giving the like notice thereof as is herein required in the case of a Regular Annual Election.

VII. And be it enacted, That the said Corporation shall have power, from time to time, to make and establish, repeal, alter or amend such By-laws, Rules and Regulations, not being contrary to this Act or to law, as they shall judge proper, for the Election of their Officers,-for prescribing their respective functions and the mode 265* of

Proviso when the

Offices.

make By-laws, Rules
Corporation may
and Regulations.

Proviso; conditions required before they shall have effect.

Corporation may be
required to give state-
ment of its receipts
and expenditure,
and shall give an ac-
count of properry.

Property, &c., of the

existing Society trans

of discharging the same,-for the admission of Members,-for the government of the Officers and Members thereof,-for imposing and collecting admission fees, fines and contributions from the Members,-for regulating the times and places of Meeting,-for suspending or expelling such Members as shall refuse or neglect to comply with the said By-laws or Regulations, and generally for the management and direction of the affairs and concerns of the said Corporation: Provided always, that no such By-law, Rule or Regulation, or any repeal, alteration, or amendment thereof, shall have any effect, unless the same shall have been announced and read at a Meeting of the Board of Directors, at least fourteen days previous to its being submitted to the said Corporation for the adoption thereof, at a meeting at which at least fifteen Members shall be present, nor unless the same shall be adopted at such last mentioned meeting by at least three fourths of the Members then present.

VIII. And be it enacted, That it shall and may be lawful for the Governor or Person administering the Government of the Province for the time being, or for any or either branch of the Provincial Parliament, from time to time to require from the said Corporation or from 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 it shall be incumbent on the said Corporation to submit annually, to each of the three branches of the Legislature, during the first fifteen days of each Session thereof, a Statement of the real and personal estate held and enjoyed by the said Corporation.

IX. And be it enacted, That the property, real and personal, now held by the ferred to Corporation. Society hereby incorporated, or by any party in trust for them, shall be and is hereby vested in the said Corporation, which shall be responsible for all debts and obligations of the said Society, and may recover and enforce all claims and obligations in favor thereof.

Members not individually liable.

Reservation of rights of Her Majesty, &c.

Declared a
Public Act.

Preamble

X. And be it enacted, That no Member of the said Corporation shall, in his private or natural capacity, be liable for any debt or obligation contracted by the said Corporation.

XI. And be it enacted, That nothing in the present Act contained shall affect or be construed to affect, in any manner or way whatever, the rights of Her Majesty, Her Heirs and Successors, or of any person or persons, or of any body politic or corporate, such only excepted as are herein mentioned.

XII. And be it enacted, That this Act shall be a Public Act, and shall be judicially noticed accordingly by all Judges, Justices of the Peace, and Officers of Justice, and by all other persons whomsoever, without being specially pleaded; and no misnomer of the said Corporation, in any Deed, Grant, Gift, Devise, Bequest, or any other Instrument, Contract or Conveyance, shall defeat or vitiate the same, if the Corporation be sufficiently described to show or ascertain the intention of the parties.

W

CAP. CLXI.

An Act to incorporate "The Quebec Music Hall Association."

[ 30th August, 1851. ]

HEREAS Archibald Campbell, Esquire, the Honorable Louis Panet, and William Rhodes, Edward Gingras, François Réal Angers, Charles Alleyn, Simon Peters, Charles Baillargé, Edward Burroughs, Esquires, and others, by their humble Petition have represented that they have become subscribers to, and have associated themselves for the purpose of building and maintaining in the City of Quebec a public building for the purpose of encouraging the fine Arts, and such like purposes, to be called "The Quebec Music Hall;" and they, the said subscribers, are apprehensive that the said objects cannot at all, or but imperfectly be obtained, unless they are incorporated and subjected to such rules as the nature of the undertaking may require, and therefore have prayed that, for promoting the object of such association, they, the

said subscribers and their assigns may 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, 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 said several persons hereinabove Certain persons innamed, suscribers to the said undertaking, their several and respective successors, heirs, corporated executors, curators, administrators and assigns, shall be and are hereby ordained,

constituted and declared to be one Body Corporate and Politic, by the name of "The Corporate name and Quebec Music Hall Association," and by that name, they and their successors shall and powers. may have for ever hereafter perpetual succession, and shall and may by the same name be capable in law to sue, be sued, implead and be impleaded, answer and be answered unto, defend and be defended, in all Courts and places whatsoever, and of what nature and kind soever, and that they and their successors may have a Common Seal, and may change and alter the same at their pleasure, and also that they and their successors by the name of "The Quebec Music Hall Association," shall be in law capable of purchasing, holding and conveying any estate, real or personal, for the use of the said Corporation: Provided such real and personal estate, at any one time held by the said Proviso. "Quebec Music Hall Association," shall not exceed the value of Eight Thousand Pounds currency.

Number of shares.

II. And be it enacted, That the sum of Eight Thousand Pounds currency, or such part thereof as shall be raised by the several persons herein before named, and such other person or persons as shall or may at any time become subscriber or subscribers to the said "Quebec Music Hall Association," shall be divided and distinguished into one thousand and six hundred equal parts or shares, at a price not exceeding Five Pounds currency per share, and that they shall be deemed personal estate, and shall be trans- To be personal proferable as such; and that the said one thousand six hundred shares be and are hereby perty. vested in the said several subscribers, and their several respective heirs, executors, curators, administrators and assigns, to their, and every of their several respective proper use and behoof, proportionally to the sum they and each of them shall severally subscribe

and pay thereunto; and all and every persons and their several and respective successors, Shareholders to have executors, curators, administrators and assigns, who shall severally subscribe and pay proportionate shares the sum of Five Pounds currency or more, towards carrying on and completing the said of profits. "Quebec Music Hall," shall be Members of the said Association, and as such entitled to and receive, after the said building is completed, the entire and net distribution of the profits and advantages that shall and may arise and accrue by virtue of the sum and sums of money to be raised, recovered or received by the authority of this Act, in proportion to the number of shares so held; and every person or persons having such property of one or more shares in the said undertaking, and so in proportion as aforesaid, shall bear and pay an adequate and proportional sum of money towards carrying on the said undertaking, in the manner by this Act directed and appointed.

III. And be it enacted, That upon every or any subject, proposition or question which Scale of votes. shall arise, be discussed or be put, relating to the affairs of the said Corporation, each Member holding five shares or under, shall have one voice or vote for and in respect of each share which he shall hold or possess in the said undertaking; each Member holding not less than six shares, nor more than eight shares, shall have six votes; each Member holding not less than nine shares, nor more than twelve, shall have eight votes; each Member holding not less than thirteen shares, nor more than nineteen, shall have ten votes, and each Member holding twenty shares or upwards, shall have twelve votes, Proxies. which vote or votes may be given by any such Member or Members as aforesaid, either in person or by his, her, or their proxy or proxies, appointed by writing or writings, under his, her or their hand or hands, and such vote by such proxy, shall be as effectual to all intents and purposes, as if the principal or principals had voted in person; and whatsoever question, election of Officers or other matter or thing shall be proposed,

discussed

Majority to decide.

Casting vote.

Proviso.

Corporation may borrow £4000;

and give hypothecs,

&c.

Liability of Shareholders,

Subcription books.

Meetings of Stockholders,

Committee of Management.

discussed or considered in any public meeting, to be held in pursuance of this Act, the same shall be finally determined by the majority of votes and proxies then present, and the Chairman at every such Meeting, in case of a division of equal numbers, shall have the casting vote, although he shall have voted before: Provided always, that no person shall vote as proxy, unless he be a proprietor, and that a part or parts of a share or shares shall not entitle any person to vote in person or by proxy.

IV. And be it enacted, That the said Corporation may from time to time lawfully borrow, either in this Province or elsewhere, such sum or sums of money, not exceeding at any one time the sum of Four Thousand Pounds currency, as they may find expedient, and at such rate of interest, not exceeding six per cent. per annum, as they may think proper; and may give their Bonds, Obligations or other Securities for the sums so borrowed, and may hypothecate or pledge the lands, revenues and other property of the said Corporation for the due payment of the said sums, and the interest thereon.

V. And be it enacted, That no Shareholder or Subscriber 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 extent of his, her or their share in the Capital of the said Corporation not paid up.

VI. And be it enacted, That this Act shall come into full force and effect immediately after the passing of the same, and that it shall be competent for the Subscribers above named, or three of them, to open a Book or Books of Subscription, and as soon as one hundred shares shall have been subscribed in such Books, to call a Public General Meeting of such Subscribers, at the time and at the place they shall deem fit, in the City of Quebec, by public notice, to be published at least eight days before such Meeting, in some newspapers in the City of Quebec, twice in an English newspaper, and twice in a French newspaper and a like General Meeting, to be called by the Secretary of the said Corporation, after due notice as aforesaid, shall be held on the first Monday of May in every year afterwards, at the hour of one o'clock in the afternoon, or on any subsequent days following, which shall be duly indicated in such notice.

VII. And be it enacted, That at the first General Meeting of the said proprietors hereinbefore directed to be held, the proprietors then assembled together, with such proxies as shall then be produced, or the major part of such proprietors or proxies, shall choose seven persons, for the time being proprietors of at least ten shares in such undertaking, of whom four shall form a quorum, which persons so chosen shall be a Committee to manage, direct and carry on the affairs and business of the said "Quebec Music Hall Association," for one year then next following, or until another Committee shall be appointed, and particularly such matters and things as are by this Act directed to be done by such Committee, and as shall, from time to time, be ordered by such Treasurer and Secre- General or Special Meetings as aforesaid; and at the said first Meeting, and at the General Meeting, to be annually held as aforesaid, the said proprietors and proxies, or the major part of them, shall, in like manner, choose and appoint a Treasurer and Secretary, who shall attend the several Meetings of the said Proprietors and Meetings of the said Committee, and make entries of the proceedings in proper Books to be kept by him for that purpose, and do whatsoever shall be ordered at such Meetings respectively for the purposes of this Act.

tary.

Powers of Committee.

Accounts,

Dividends,

VIII. And be it enacted, That the said Committee, for the time being, shall have and be invested with full power and authority to manage, order, oversee and transact all and singular the affairs and business of the said "Quebec Music Hall Association," and all matters and things whatsoever relating to or concerning the same: And the said Committee for the time being shall, on the first Monday of May in every year, at the Meeting of the Members of the said "Quebec Music Hall Association," produce and give a full, just and true account in writing of all their transactions, receipts and payments respectively, so that the true state of the said " Quebec Music Hall Association" and its affairs may manifestly appear; and shall also make and declare a dividend of the clear profit and income, all contingent costs and charges being first deducted, among all the proprietors aforesaid.

IX. And be it enacted, That the said Committee of Proprietors shall be afterwards Meetings of Commitchosen at the General Meetings of Proprietors to be holden annually as aforesaid; and` tee. shall meet as often and at such place in the City of Quebec to be by them appointed, as occasion may require: Provided always, that no Member of the Committee shall Proviso. have more than one vote in the said Committee, except the Chairman, who shall be chosen by themselves, who, in case of division of equal numbers, shall have a casting vote, although he may have given one vote before: Provided also, that such Committee shall, from time to time, make reports of their proceedings to, and be subject to the examination and control of, the said General Meetings of the said Proprietors, and shall pay due obedience to all such orders and directions in and about the premises, as shall from time to time be made by the said Proprietors at any General Meeting, such orders and directions not being contrary to the express directions or provisions of this Act, or to the Laws of this Province.

Proviso.

in instalments.

X. And be it enacted, That Subscribers of Shares in the said undertaking shall be Committee may call bound and obliged to pay the amount of the shares they have already or may hereafter subscribe for, upon calls to that effect being made by the Committee of Management to be appointed under the provisions of this Act, which calls shall be made Notice thereof. by an advertisement to be three times inserted in a newspaper published in the City of Quebec in the English language, and three times in a newspaper likewise published in the said City of Quebec in the French language, which advertisement shall specify the time and place and the person to whom such calls respectively shall be paid; Provided Proviso. that no call shall be made payable until fifteen days after the date upon which the first advertisement shall have been made and published; and provided further, that no call to be so made, shall at any time exceed twenty-five per cent. of the amount subscribed or twenty-five shillings currency, per each share, and that an interval of three months shall elapse between each such call to be so made as aforesaid; and provided also, that Proviso. in default of payment of the amount of any call to be made under the provisions of this Act, defaulting shareholders and subscribers of stock in the said undertaking, shall forfeit and pay a sum of Five Shillings per share upon every such_default, which forfeitures shall form part of the common fund of the undertaking, and such defaulters further shall be bound and obliged to pay legal interest upon the amount due from the day upon which such amount so became due.

XI. And be it enacted, That any subscriber of shares, or stockholder in the said undertaking, shall be held and bound, and they are hereby required to pay the sums of money subscribed for by them, as the same shall be called in under the provisions of the next preceding section; and in case any person or persons neglect or refuse to pay the same at the time and in the manner provided for by the said next preceding section, it shall and may be lawful for the said Corporation to sue for and recover the same, together with the forfeiture incurred by such default, neglect or refusal, and interest upon the amount due, and costs, in any Court of Law having competent jurisdiction.

Subscribers to pay instalments when

called for.

XII. And be it enacted, That the said Committee or quorum of such Committee as Committee to make aforesaid, being assembled at such places and times as shall be so fixed as aforesaid, By-laws; shall have full power and authority to make, ordain and constitute such and so many Bylaws, Rules and Orders, not repugnant to the Statutes, Customs or Laws of the Province,

or the express regulations of this Act, as by the said Committee or such quorum as May impose penalties aforesaid, shall be judged expedient and necessary, as well for the direction, conduct and government of the said Corporation, as of the property, real and personal, moveable and immoveable by them held, and the same to revoke, alter and amend, as in their opinion will most effectually promote the purposes of this Act; and for enforcing the execution of the By-laws, Rules and Orders, the said Committee or such quorum thereof as aforesaid, are hereby further empowered to impose and lay any fine, not to exceed Five Pounds currency, for the breach of any By-laws or Orders, upon any person or persons, being Members of the said Corporation, who shall be guilty of any breach o any such By-laws, Rules and Orders as, by the said Committee or the majority of them

or

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