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retaining

terests therein, provided such gift, devise or bequest is made lands by gift, at least six months before the death of the person making the

devise or

bequest

Powers to sell,

same; but the society or branch shall at no time take by gift, devise or bequest, lands or tenements, or any interests therein, the annual value of which, together with that of all other lands and tenements theretofore acquired by like means and then held by the society or branch, exceeds in the whole $1,000; nor shall the society or branch at any time take by gift, devise or bequest, lands, tenements or hereditaments the annual value of which, together with all the other real estate of the society or branch, exceeds $5,000; and no lands or tenements acquired by gifts, devise or bequest within the limits aforesaid, but not required for the actual use or occupation of the society or branch, shall be held by the society or branch for a longer period than seven years after the acquisition thereof, and within such period the same shall be absolutely disposed of by the society or branch; and the society or branch shall have power within such period, in the name of the society or branch, to grant and convey the said lands and tenements to any purchaser so that the society or branch no longer retains any interest therein; and the proceeds on such disposition shall be invested in public securities, municipal debentures or other approved securities, not including mortgages on land, for the use of the society or branch; and lands, tenements or interests. therein required by this Ordinance to be sold or disposed of by the society or branch which have not, within the said period, been so disposed of, shall revert to the person from whom the were acquired, his heirs, executors, administrators or assigns. No. 19 of 1891-2, s. 9.

same

10. Any society may in pursuance of a resolution assented mortgage, etc., to by a majority of the members present at a general meeting specially called for that purpose, of which public notice shall be given in the manner provided by the bylaws, mortgage, sell, exchange or lease any lands of the society. No. 19 of 1891-2, s. 10.

Copy of incorporation

11. A copy of the declaration under the second section of declaration of this Ordinance certified by the registrar of the said Supreme to be evidence Court or his deputy to be a true copy shall be prima facie evidence of the facts alleged in the declaration and of the due making, signing and filing of the declaration as mentioned in the certificate; and a copy of the declaration with a certificate of the said registrar or his deputy showing the particulars necessary for creating a corporation under this Ordinance, shall be prima facie evidence that the society or branch is an incorporated society or branch under this Ordinance. No. 19 of 1891-2, s. 11.

Defects in form

12. No defect of form in the certificate of the judge or in the proceedings to which the certificate of the judge relates shall affect the validity of the incorporation. No. 19 of 18912, s. 12.

incorporation,

13. To facilitate the proof of a society or branch being an Certificate of incorporated society or branch under this Ordinance and to its effects prevent any future question as to the same, the society or as evidence branch after the same has become incorporated as aforesaid, shall be entitled (if the society or branch thinks fit) to receive a certificate of such incorporation in manner hereinafter mentioned; and a certificate so obtained shall be final and conclusive evidence of the society or branch being an incorporation under this Ordinance unless the certificate on the order or decision of the Court granting or authorising the same is reversed or set aside by some direct proceeding taken for the purpose; and the proceedings for the purpose of obtaining the certificate may be as follows:

1. The application for the certificate may be made by the Application society or branch to a judge of the Supreme Court of the for certificate North-West Territories.

2. The application shall be supported by satisfactory evi- Evidence dence that the society or branch is a society or branch within thereon the true intent and meaning of this Ordinance; that the proceedings necessary for incorporation have been duly taken; that four weeks' notice of the intention to apply for a certificate has been given to the Lieutenant Governor of the Territories; and that a like notice has been published for four weeks in The North-West Territories Gazette; and if the judge is not satisfied with the evidence offered of these particulars in the first instance he may instead of dismissing the application give an opportunity or opportunities for producing further evidence; and if there is any defect in the proceedings taken to obtain incorporation the judge may permit the same to be supplied and he may in all cases require from time to time any further publication to take place, and any other notice to be mailed, served or given which he deems necessary.

certificate

3. When the judge is satisfied that the society or branch is Issue of entitled to the certificate, the certificate may be issued by the clerk of the court of the judicial district in which the application is made, in duplicate (under his hand and the seal of the court) or in as many parts as may be required and the same shall name the day from and at which the incorporation was complete and effectual, and any person shall thereafter be entitled to receive a certificate to the same effect sealed and signed as aforesaid; which certificate or ccunterpart thereof shall be final and conclusive as herein before mentioned.

4. The judges of the Supreme Court of the North-West Costs and Territories shall have power to regulate the practice and costs practice in such cases. No. 19 of 1891-2, s. 13.

pro

furnish

14. It shall be the duty of the corporation when thereunto Society to required by the Lieutenant Governor in Council or by the statement of Legislative Assembly to furnish a statement of the real real property perty and of the estates therein held by the society and to give such details thereof as the Lieutenant Governor in Council or the Legislative Assembly may from time to time require. No. 19 of 1891-2, s. 14.

Change of name, etc.. of society

Order to be filed

Rights and

society not

affected

15. When a society incorporated under the provisions of this Ordinance is desirous of changing its name or of changing any of the purposes contained in the original certificate or declaration of incorporation, a judge of the Supreme Court upon being satisfied that the change desired is not for an improper purpose and is not otherwise objectionable, may make an order reciting the certificate and declaration of incorporation and making the change desired.

(2) Such order shall be filed in the office in which the certificate and declaration were filed and a copy of the order certified by the registrar of the Supreme Court at Regina or his deputy to be a true copy of the order filed in the said office shall be prima facie evidence of the change having been made as therein set forth.

(3) No change under the next preceding two subsections. obligations of shall affect the rights or obligations of the society and all actions or proceedings commenced by or against the society prior to the change of name may be proceeded with by or against the society under its former name. No. 19 of 1891-2,

Forms

s. 15.

16. In case the Lieutenant Governor in Council adopts or approves of any forms for any of the proceedings under this Ordinance and the order adopting or approving of the same is, with the forms, printed in The North-West Territories Gazette such forms shall be as effectual for the purposes mentioned in this Ordinance or in the Order in Council as if the said forins had been inserted in this Ordinance. No. 19 of 1891-2, s. 16.

SCHEDULE.

Ordinances for purposes not intended by this Ordinance:

1. Chapter 38 of The Consolidated Ordinances.
2. Chapter 45 of The Consolidated Ordinances.
3. Chapter 61 of The Consolidated Ordinances.
4. Chapter 65 of The Consolidated Ordinances.
5. Chapter 68 of The Consolidated Ordinances.
6. Chapter 69 of The Consolidated Ordinances.

CHAPTER 67.

An Ordinance respecting Mechanics' and Literary

THER

Institutes.

HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts.

as follows:

SHORT TITLE.

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1. This Ordinance may be cited as The Mechanics' and Short title Literary Institutes Ordinance." No. 17 of 1890, s. 1.

ORGANISATION AND OBJECTS OF INSTITUTES.

2. A mechanics' and literary institute shall be held to have Mode of been organised under the provisions of this Ordinance when-organisation ever thirty persons resident in any town or village incorporated or otherwise or in any township or two townships contiguous in either of which there is not already organised an institute under this Ordinance have signed a declaration setting out the amounts subscribed by ench and naming the place where the institute purposes to carry on its objects and forwarded the same to the Territorial secretary with an accompanying certificate signed by one of the subscribers and verified before any person authorised to administer oaths or affidavits to be used in the Supreme Court of the Territories, such declaration and certificate to be in form A in the schedule hereto. No. 17 of 1890, s. 2; No. 35 of 1892, s. 12; No. 38 of 1897, s. 37 (1).

officers

3. Upon the Lieutenant Governor in Council approving the Election of organisation of the proposed institute the party making the certificate accompanying the same or in his absence any one appointed by the Territorial secretary shall call a meeting for the election of the various officers by public notice specifying the time and place of meeting published for two weeks in the nearest newspaper or posted in five conspicuous public places in the town, village or township as the case may be at least fifteen days before the time fixed for holding such meeting. Such meeting shall be held in the town, village or township or one of the townships where the institute intends prosecuting the objects for which the same has been organised.

(2) The officers to be elected at such meeting shall be a president, vice president, secretary-treasurer, auditor and not less than five directors and the persons entitled to vote at such meeting shall be members. No. 17 of 1890, s. 3; No. 38 of 1897, s. 37 (2).

4. Any person may become a member of a mechanics' and Annual literary institute organised under this Ordinance by paying to

subscription

Purpose

Annual meeting

Voting, etc..

Meeting of officers How called

Annual report

the treasurer thereof yearly the sum of $1 which shall be held to be due on the first day of each calendar year. No. 17 of 1890, s. 4; No. 38 of 1897, s. 37 (3).

5. The objects of institutes organised under this Ordinance shall be to encourage mechanics, manufactures and arts generally:

(a) By having evening classes organised for the imparting of practical instruction to its pupils ;

(b) By establishing a library of books on one or more of the following subjects, viz.: mechanics, manufactures, agriculture, horticulture, philosophy, science, the fine and decorative arts, history, travels, poetry, biography and fiction;

(c) Establishing a reading room.

No. 17 of 1890, s. 5.

6. The annual meeting of every institute shall be held in the month of October in each year on the call of the president who shall give eight days notice thereof by circular addressed and posted prepaid to each member of the institute or by public notice published in the nearest newspaper or by posting it in five conspicuous places as provided in section 3 hereof when there shall be elected a president, vice president, a secretary-treasurer and not less than five directors and an auditor.

(2) If the president refuses or omits to call such meeting as herein provided the same may be called by the vice president or any three members for any time during the month of November. No. 17 of 1890, s. 6; No. 38 of 1897, s. 37 (4).

7. No person shall vote or take part in any annual or other meeting of any institute who has not at the time of such meeting paid up all subscriptions due by him to the said institute. No. 35 of 1897, s. 37 (5).

8. A meeting of the officers shall be called by written notice delivered or mailed to each officer given by authority of the president or in his absence the vice president or at the request of any three officers at least five days before the day appointed and at any such meeting four shall be a quorum. No. 17 of 1890, s. 7.

9. The officers of an institute shall present at the annual meeting a report of their proceedings during the year in which shall be stated:

(a) The names of the members of the institute;
(b) The amount paid by each set opposite his name;

(c) The classes organised;

(d) A list of books purchased;

(e) A list of newspapers and periodicals on file; together

with,

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