Canada East; 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 they have represented by Petition, that the Act eighteenth Victoria, chapter two hundred and thirty-one, under which they are already incorporated, is about to expire through efflux of time; And whereas, for the purpose of managing the pecuniary affairs of the said Association, it is desirable that the said Order of the Sons of Temperance should be incorporated: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

Order incor

1. Archibald McEachern, George Mathison, Joseph Benjamin Grand DiviCliff, Charles Pool Watson, John S. Hall, Joseph Dutton, sion of the Henry S. Lighthall, John Cunningham Becket, Francis porated. Sheriff, Andrew Smith, Henry Rose, George Maclean Rose, William Scott, William Easton, William Hodgson, John Brodie, William H. Clare, George W. Cameron, Thomas Wanless, Benjamin, Cole, junior, Charles Brodie, and Malcolm McLeod, all members of the "Grand Division of the Order of the Sons of Temperance of Canada East," and their successors in such membership, and such other persons as are or shall become members thereof, are hereby constituted, and shall be forthwith, a Body Politic and Corporate, by the name of "The Corporation of the Grand Division of the Order of the Corporate Sons of Temperance of Canada East" for the objects mentioned name. in the preamble; and by that name shall and may sue and be Corporate sued, and may engage in all necessary legal acts in any Court powers. of Law or Equity in this Province, and shall have uninterrupted succession, according to the rules of the said Order, and a common seal.

2. It shall be lawful for the said Corporation to acquire and Further pow hold such real and immoveable estate as may be necessary for ers. the actual use and occupation of the said Corporation; Provided Proviso. that the real estate to be held by the said Grand Division shall Real estate at no time exceed in value the sum of forty thousand dollars; 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.

limited.

3. It shall be lawful for the said Corporation to appoint such Managers to Members thereof as they may think proper, in such manner as be appointed. 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 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

By-laws.

Subordinate

Grand Divi

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.

4. Subordinate Divisions incorporated and to be incorporated, Divisions to be under this Act, and the members thereof, shall henceforward subject to be and become subject and amenable to the by-laws, rules and regulations of the Grand Division of the Order of the Sons of Temperance of Canada East, and shall have and exercise all their powers and privileges under this Act subject to the said bylaws, rules and regulations and not otherwise.

sion.

Members ex

no share of

5. When any Member is expelled or suspended by any pelled to have Subordinate Division, or by the Grand Division, or in case any Member retires from such Subordinate Division, the said Member shall cease to have any interests or claim whatever upon the funds or property of such Subordinate Division.

funds.

Forfeiture of
Charter.

Subordinate

become incor

6. In case the Grand Division declares the Charter of the Subordinate Division forfeited, pursuant to the by-laws, rules and regulations of the said Grand Division, such Subordinate Division shall stand dissolved.

7. Each Subordinate Division of the Order of the Sons of Divisions may Temperance now instituted, or which may hereafter become inporated. stituted, within Canada East, 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 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, and to enforce the by-laws of such Subordinate Division, to compel the payment of all dues and rates, and generally all sums of money due to : as to such Subordinate Division by any member thereof; Provided that the Real Estate to be held by such Subordinate Division shall in no case exceed the value of twenty thousand dollars, and shall be held for their own use and occupation only.

Proviso:

real estate.

Mode in which

8. Each Subordinate Division which may be desirous of Subordinate becoming incorporated, shall and may, by a vote of two-thirds Division may of its Members present at any regular meeting (of the intention become incorporated. to propose which vote two weeks notice at least shall be given in a regular meeting of such Subordinate Division by some Member thereof, in writing), decide to become so incorporated; and 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

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 Registrar of the County, City, Riding, or Registration Division 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 Registrar, a Body Politic and Corporate as aforesaid, by the style or name, number and place of location of such Subordinate Division; And a certificate, under the signature of such Certificate of Registrar, of the filing of such certificate, shall be prima facie incorporation. evidence in any Court of Law or Equity in this Province of such incorporation, and for all legal purposes.

9. It shall be lawful for the Treasurer of each Subordinate Provision as Division so incorporated, and he is hereby empowered, from to the investtime to time, by and with the consent of such Subordinate ing of the Funds of any Division, to be testified in such manner as may be directed by Subordinate their By-laws, to lay out and invest all such sum and sums of Division, &c. money as shall from time to time be collected and not required for the immediate exigencies of such Subordinate Division, 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 or funds respectively, and otherwise to reinvest or dispose of the same; and the certificate, bill of sale, deed or other instrument of transfer, sale or discharge of such estate, or fund or security, shall be made under the seal of such Subordinate Division, and signed by the Treasurer and presiding Officer of such Subordinate Division; and all such investments shall be made, and securities taken, and sales and transfers made in the corporate name and capacity of such Subordinate Division.

Treasurer.

10. It shall be lawful for such Subordinate Division, when Security to be so incorporated, to receive from the Treasurer thereof, from given by the time to 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.

&c.

11. No member of any Subordinate Division so incorporated, Shares in proshall have any power to assign or transfer to any person or perty not persons whomsoever, any interest which he may have to or in transferable, 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 no property or stock of any kind

belonging

belonging to such incorporated Subordinate Division shall be subject to the payment of the private debts of any of its members, nor be liable to be taken in execution by any judgment creditor against any individual members of such Subordinate Division.

Liability of 12. The property of each of the Subordinate Divisions, when Subordinate incorporated, shall alone be held responsible for the debts and engagements of the Subordinate division owning such property.

Divisions.

Disposal of property on the dissolu

tion of any Subordinate Division.

Provision in case any S. Division shall

become insol

vent, Grand Division to take posses

perty, &c.

13. 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 Canada East.

14. 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 sion of its pro- 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 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 substi tute the name or names 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

Rights of

sion in such

case.

such

such property, both real and personal, as the 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.

amount of

15. Nothing in this Act contained shall authorize the said Proviso: as Grand Division to hold real, estate, exceeding the aforesaid to total value of forty thousand dollars for a longer period than may be real estate. reasonably necessary to allow of selling the same.

tion to be

suits where it

16. Each and every member of the "Corporation of the Members of Grand Division of the Order of the Sons of Temperance in the CorporaCanada East," or of any Subordinate Division of the said Order competent incorporated under the provisions of this Act, shall be compe- witnesses in tent to be examined as a witness for or on behalf of or is a party. against any party in any suit or proceeding, either at law or in equity, to which the corporation of which he is a member may be a party; any law, usage or custom to the contrary notwithstanding.

17. The said Grand Division hereby incorporated shall Yearly represent to the Governor and both Houses of the Provincial turns to the Parliament, within the first fifteen days of each session of the Legislature. said Parliament, 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 the said Grand Division and Subordinate Divisions, respectively.

18. This Act shall be deemed a Public Act.

CAP. CXLII.

An Act to enable the Art Association of Montreal to establish an Art Union in connection with the other operations thereof.

W

[Assented to 30th June, 1864.]

Public Act.

Preamble.

THEREAS, under and by virtue of an Act passed in the twenty-third year of Her Majesty's reign, intituled: An Act to incorporate the Art Association of Montreal, certain 23 V. cap. 13. persons were incorporated as an association "for the encouragement of the fine arts, by means of the establishment and maintenance, in so far as may be found practicable, of a gallery or galleries of art, and the establishment of a school of design in the city of Montreal, and otherwise," and were authorized to make by-laws for the "maintenance and due regulation of any and every gallery of art, school of design, museum, library, reading room, or other subsidiary undertaking of the like description, which they may find practicable and conducive to the encouragement

39