Proviso: as to persons not being traders, &c. Special gen of corporation. any person not being a merchant or trader, mechanic, manager of a bank or insurance agent, shall be eligible to become a member of the said corporation in manner aforesaid, in case such person shall be recommended by the Council of the Board of Trade at any such meeting. 12. It shall be lawful for the said Council, or a majority of eral meetings them, by a notice inserted in one or more newspapers published in the said town of Chatham, one day previous to the said meeting, or by a circular letter signed by the Secretary of the said corporation, to each member, and mailed one day previous to the said meeting, to call a general meeting of the said corporation for any of the purposes of this Act. Meetings of the Council. Powers. Quorum. Who to preside. Casting vote. Council to frame by mit them to corporation. 13. It shall be competent to the said Council to hold meetings from time to time, and to adjourn the same when necessary, and, at the said meetings, to transact such business as may, by this Act, or by the by-laws of the corporation, be assigned to them; and such meetings of the Council shall be convened by the Secretary, at the instance of the President, or upon the request of any two members of the Council, and the said Council shall, in addition to the powers hereby expressly conferred on them, have such powers as shall be assigned to them by any by-law of the corporation, except only the power of enacting or altering any by-law, or admitting any member, which shall be done in the manner provided for by this Act, and no other: and any five or more members of the Council, lawfully met (and of whom the President or Vice-President shall be one, or, in case of their absence, any five or more members lawfully met) shall be a quorum, and any majority of such quorum may do all things within the powers of the Council; and at all meetings of the said Council and at all general meetings of the corporation, the President, or in his absence the Vice-President, or if both be absent, any member of the Council then present who may be chosen for the occasion, shall preside, and shall, in all cases of equality of votes upon any division, have a casting vote. 14. It shall be the duty of the said Council, as soon as may be laws, and sub- after the passing of this Act, to frame such by-laws, rules and regulations, as shall seem to the said Council best adapted to promote the welfare of the said corporation and the purposes of this Act, and to submit the same for adoption at a general meeting of the said corporation called for that purpose, in the manner hereinbefore provided. 15. All subscriptions of members due to the said corporation, under any by-law, all penalties incurred under any by-law, by any person bound thereby, and all other sums of money due to the said corporation shall be paid to the Secretary thereof; and in default of payment, may be recovered in any action brought in the name of the said corporation; and it shall only be necessary in such such action to allege that such person is indebted to the said corporation in the sum of money, the amount of such arrearage, on account of such subscription, penalty or otherwise, whereby an action hath accrued to the said corporation by virtue of this Act. case. 16. On the trial or hearing of any such action, it shall be Proof in such sufficient for the said corporation to prove that the defendant at the time of making such demand, was or had been a member of the said corporation, and that the amount claimed by such subscription, penalty or otherwise, was standing unpaid upon the books of the said corporation. Council to be open. 17. The meetings of the members of the Council shall be open Meetings of to all members of the said corporation who may attend at the same, but who shall take no part in any proceedings thereat; and minutes of the proceedings at all meetings, whether of the said Council or the said corporation, shall be entered in books to be kept for that purpose by the Secretary of the said corporation; and the entry thereof shall be signed by the President of Record the said Council, or such other person who at the time shall pre- thereof. side over any such meeting; and such books shall be open at all reasonable hours to any member of the said corporation, free from any charge. bitration. cases submit 18. At the same time and times as are hereby appointed Board of Arfor the election of the said Council, and in the same manner, it shall be lawful for the members of the said corporation to elect from their number twelve persons, who shall form a board, which shall be called "The Board of Arbitration," and any three of whom shall have power to arbitrate upon and make their award in any commercial case or difference which shall be voluntarily referred to them by the parties concerned: and whenever any such parties shall agree to bind themselves, by bond or other- Powers in wise, to submit the matter in dispute between them to the decision ted to them. of the said Board of Arbitration, such submission shall be understood to be made to any three members of the said Board, who may, either by the especial order of the said Board, or by virtue of any general rules adopted by them, or under any by-law of the said corporation touching the consideration of any cases so submitted, be appointed to hear, arbitrate and decide upon the case or cases so submitted to them, and such decision shall be binding upon the said Board and the parties making the submission; and any such Form of subsubmission shall be according to the form set forth in the schedule mission, to this Act, or in words to the same effect. 19. The several members of the said Board of Arbitration Members of Board of Arbi shall, before they act as such, take and subscribe before the Presi- tration to be dent or Vice-President of the said corporation, an oath that they sworn. will faithfully, impartially and diligently perform their duties as members of the said Board of Arbitration; and this oath shall be kept among the documents of the said corporation. Members of 20. Any member of the Council of the said corporation may Council may at the same time be a member of the said Board of Arbitration. be arbitrators. Powers of members act tors. 21. The three members appointed to hear any case submitted ing as arbitra- for arbitration, as aforesaid, or any two of them, shall have full power to examine upon oath (which oath any one of such three members is hereby empowered to administer) any party or witness, who, appearing voluntarily before them, shall be willing to be so examined, and shall give their award thereupon in writing; and their decision, or that of any two of them, given in such award, shall bind the parties according to the terms of the submission and the provisions of this Act. Award. Oaths and affirmation. Saving of rights of the Crown. 22. Any person who may by law, in other cases, make a solemn affirmation, instead of taking an oath, may make such solemn affirmation in any case where by this Act an oath is required; and 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 required or authorized by this Act, shall be guilty of wilful perjury. 23. Nothing in this Act shall affect any rights of Her Majesty, her heirs or successors, or of any party or person whomsoever, such rights only excepted as are herein expressly mentioned and affected. SCHEDULE. FORM OF A SUBMISSION TO THE BOARD OF ARBITRATION. and the Know all men, that the undersigned undersigned (if there be more parties, that is, more separate interests, mention them,) having a difference as to the respective rights of the said parties, in the case hereunto subjoined, have agreed and bound themselves under a penalty of dollars, to perform the award to to be made by the Board of Arbitration of the Board of Trade of the town of. Chatham, in the case aforesaid, under the penalty aforesaid, to be paid by the party refusing to perform such award to the party ready and willing to perform the same. In witness whereof the said parties have hereunto set their hands and affixed their seals at the town of Chatham, on the day of A.D., 18 FORM OF OATH. TO BE TAKEN BY MEMBERS OF THE BOARD OF ARBITRATION. I swear that I will faithfully, impartially and diligently perform my duty as a member of the Board of Arbitration of the Board of Trade of the town of Chatham, and that I will in all cases in which I shall act as arbitrator, give a true and just award, according to the best of my judgment and ability, without fear, favor or affection, of or for any party or person whomsoever. So help me God. CAP XLVIII. An Act to incorporate the Board of Trade of the town of Lévis. [Assented to 14th June, 1872.] HEREAS the Honorable J. G. Blanchet, Jacques Jobin, the Honorable D. E. Price, Samuel Bennett, P. C. Dumontier, Preamble. Théodule Foisy, Louis P. Demers, Flavien Roy, Joshua Thompson, Pierre Lefrançois, J. H. Simmons, Ed. Demers, J. B. Renaud, Etienne Samson, Pierre Roy, F. X. Lemieux, Ant. Carrier, B. Bennett, C. W. Carrier, John Buchanan, R. C. Tanguay, L. H. Fréchette, W. Simpson, Robert Demers, M. Cass, Thimolaus Beaulieu, J. C. Hamel, Mathias Grégoire, S. Thompson, Thomas Dunn, F. X. Thompson sen., I. Belleau, Chs. Darveau, F. X. Dion, Th. Boissinot, J. B. Michaud, J. A. Lessard, Benj. Huot, Henri Verrault, Charles Morency, Elie Lachance, John Dumontier, Arthur Murphy, Elzéar Bédard, Joseph Labadie, James Gibson, Louis Bégin, Louis Nadeau, Louis Bégin jun., F. X. Thompson jun., and Alfred Giroux, resident or interested in the town of Lévis, have, by their petition, represented that they have associated themselves together for many years past for the purpose of promoting such measures as they have deemed important towards developing the general trade and commerce of Canada and of the Town of Lévis in particular, and have further represented that the said association would be more efficient in its operations should an Act of incorporation conferring certain powers on them and their successors be granted; and whereas it is expedient that the prayer of the said petition should be granted: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Certain persons incorporated. 1. The said Honorable J. G. Blanchet, Jacques Jobin, the Honorable D. E. Price, Samuel Bennett, P. C. Dumontier, Théodule Foisy, Louis P. Demers, Flavien Roy, Joshua Thompson, Pierre Lefrançois, J. H. Simmons, Ed. Demers, J. B. Renaud, Etienne Samson, Pierre Roy, F. X. Lemieux, Ant. Carrier, B. Bennett, C. W. Carrier, John Buchanan, R. C. Tanguay, L. H. Fréchette, W. Simpson, Robert Demers, M. Cass, Thimolaus Beaulieu, J. C. Hamel, Mathias Grégoire, S. Thompson, Thomas Dunn, F. X. Thompson, sen., I. Belleau, Chs. Darveau, F. X. Dion, Th. Boissinot, J. B. Michaud, J. A. Lessard, Benj. Huot, Henri Verreault, Charles Morency, Elie Lachance, John Dumontier, Arthur Murphy, Elzéar Bédard, Joseph Labadie, James Gibson, Louis Bégin, Louis Nadeau, Louis Bégin jun., F. X. Thompson jun., Alfred Giroux and such other persons resident or interested in the town of Lévis, as are or shall be associated with the persons above named, for the purposes of this Act, in the manner hereinafter provided, and their successors, shall be and are hereby constituted a body politic and corporate, by the name of "The Lévis Board of Trade," for the purposes mentioned in the preamble, and may, by that name, sue and be sued, implead and be impleaded, answer and be answered, defend and be defended in all courts of law and equity, and all other places whatsoever, in all manner of actions, suits, complaints, matters and causes whatsoever, and by that name they and their successors shall have perpetual succession, and may have a common seal, and the same may break, alter and change at their will and pleasure; and they and their successors, by their corporate name, shall have power to purchase, take, receive, hold and enjoy any estate whatsoever, real or personal, and alienate, sell, convey, lease or otherwise dispose of the same, or any part thereof, from time to time and as occasion may require, and other estate real or personal to acquire instead thereof Provided always, that the Value of real clear annual value of the real estate held by the said corporation estate limited. at one time shall not exceed Five Thousand Dollars. Corporate name and general powers. Property. Corporation restricted to its constituted object. Domicile: Council and officers. 2. The lands and property of the said corporation shall be used and applied to and for such purposes only as may be calculated to promote and extend the lawful trade and commerce of Canada generally, and of the Town of Lévis in particular, or as may be necessary to obtain the objects for which the said corporation is constituted, according to the true intent and meaning of this Act. 3. The usual place of meeting of the said corporation shall be held to be the legal domicile thereof, and service at such place of any notice or process of any kind addressed to the said corporation, shall be held to be sufficient service of such notice or process on the corporation. 4. There shall be a Council to be called "The Council of the Board of Trade," which shall, from and after the first election hereinafter mentioned, consist of a President, Vice-President, Secretary Treasurer |