CHAPTER 40.

An Act respecting Conveyancers.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

SHORT TITLE.

1. This Act may be cited as "The Conveyancers Act." R.S.M. c. 35, s. 1.

APPOINTMENT AND POWERS OF CONVEYANCERS.

2. It shall be lawful for the Lieutenant-Governor-in- Appointment. Council to appoint from time to time, as he thinks fit, under his hand and seal, conveyancers in and for this Province. R.S.M. c. 30, s. 2.

3. Every conveyancer so appointed shall have, use and exercise the power of drawing, passing, keeping and issuing all conveyances, deeds, indentures, contracts, agreements, charter parties and other mercantile documents in this Province, and of otherwise acting and performing the duties of conveyancers, and may demand, receive and have all the rights, profits and emoluments rightfully appertaining and belonging to the said calling of conveyancer during pleasure. R.S.M. c. 35, s. 3.

EXAMINATIONS.

Powers of conveyancer.

4. Persons, other than barristers and attorneys duly Examination. admitted as such in this Province, desirous of being appointed as conveyancers shall be subject to examination in regard to their qualification for the said office of conveyancer, by any one of the County Court judges, and no person shall be appointed a conveyancer without a certificate from one of the said judges that he has examined the applicant and finds him qualified for the office. R.S.M. c. 35, s. 4.

make

5. The board of County Judges may, from time to time, Judges may make regulations for such examinations and certificate; and regulations. the judge examining shall be entitled to a fee of two dollars for every examination from each applicant. R.S.M. c. 35,

8. 5.

Liability for negligence.

LIABILITY.

6. Every conveyancer, so appointed as aforesaid, shall, for negligence or for the improper conduct of any business entrusted to him, be liable to the person injured, and the public and parties employing him shall have the same rights and remedies against him as they have against attorneys and solicitors for negligence or improper conduct. R.S.M. c. 35, s. 6.

Penalty for unauthorized persons acting as conveyancers.

Notaries public.

PROHIBITION OF UNAUTHORIZED PRACTICE.

7. No person or persons, excepting duly admitted barristers or attorneys, or persons appointed as hereinbefore provided, shall, for reward, hire or recompense, draw, pass or issue any conveyance, deed, indenture, contract, agreement, charter party or other mercantile document, and any person violating this section shall be guilty of an offence under this Act, and be liable, on conviction thereof before any justice of the peace, to a fine not exceeding twenty dollars for each offence. R.S.M. c. 35, s. 7.

8. The last preceding section shall not apply to notaries public acting within their powers as such. R.S.M. c. 35,

s. 8.

CHAPTER 41.

An Act respecting Co-operative Associations.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: :

SHORT TITLE.

1. This Act may be cited as "The Co-operative Associations Act." R.S.M. c. 36, s. 1.

MODE OF INCORPORATION.

associations,

porated, and

may engage

be filed.

2. Any seven or more persons who desire to associate Co-operative themselves together for the purpose of carrying on any labor, how incor trade or business, or several labors, trades or businesses, business they whether wholesale or retail, except the working of mines, in. minerals or quarries, and except also the business of banking or insurance, may make, sign and acknowledge before a notary public or justice of the peace, in duplicate, and file Certificate to in the office of the registrar or district registrar of the registration district or land titles district in which the business of the association is intended to be carried on, a certificate in writing in the form mentioned in schedule A to this Act, or to the same effect, together with a copy of the rules agreed Rules. upon for the regulation, government and management of the association, signed by such persons respectively. R.S.M. c. 36, s. 2.

rules to be

3. The signatures to the rules shall be verified by the Signature to affidavit of a subscribing witness thereto. R.S.M. c. 36, s. 3. verified.

filing certifi

rules.

4. Upon the filing of the certificate and rules as afore- Effect of said, the members of such association shall become a body cate and corporate by the name therein described, having perpetual succession and a common seal, with power to sue and be sued, implead and be impleaded, in all courts in the Province, and to hold such lands as are required for the convenient management of their business. R.S.M. c. 36, s. 4.

Duplicate certificate

be endorsed

if required.

5.

The registrar or deputy registrar, or the district regisand rules to trar or his deputy under "The Registry Act," shall, if desired by registrar, by the person filing the certificate, endorse upon the duplicate certificate, and upon a duplicate of the rules, certificates of the other duplicates having been filed in his office, with the date of filing; and every such certificate shall be prima facie evidence of the facts stated therein and of the incorporation of the association. R.S.M. c. 36, s. 5.

Name of association

not to be

same as any existing association.

More than

one place of

be designated

6. No association shall be registered under a name identical with that by which any other existing association has been registered, or so nearly resembling such name as to be likely to deceive the members or the public, and the word "Limited" shall be the last. word in the name of any association registered under this Act. R.S.M. c. 36, s. 6.

7. Any certificate so to be filed may designate any one or business may more places where the business is to be carried on, but if in in certificate, different districts, whether registration districts or land titles districts or both, a duplicate must be filed in the registrar's or district registrar's office for each such district. R.S.M. c. 36, s. 7.

Rules and what to contain.

Meetings.

Audit of accounts.

Withdrawal

of members.

Application of profits.

Appointment of officers.

Existing

rules may be repealed,

altered or amended.

RULES.

8. Before any association shall commence operations under this Act, they shall agree upon and frame a set of rules for the regulation, government and management of the association, and the rules of every association to be formed under this Act shall contain provisions in respect of the several matters following,

(a) mode of convening general and special meetings, and of altering rules;

(b) the audit of accounts;

(c) power and mode of withdrawal of members, and the claims of executors or administrators of members;

(d) mode of application of profits;

(e) appointment of managers and other officers, and their respective powers and remuneration, and filling vacancies occasioned by death, resignation and other causes. R.S.M. c. 36, s. 8.

9. Subject to the requirements of the last preceding section and the other provisions of this Act, all rules made by the association may be repealed, altered or amended by other rules passed at any meeting of the association specially called for that purpose:

new rules.

Provided that no new rule shall have any force or effect Proviso as to until a copy thereof, proved by the affidavit of the president or other head officer of the association to be a true copy of the rule or rules passed by the association at a meeting specially called for the purpose of considering the same, has been filed in the registry office or land titles office in which the certificate of incorporation was filed. R.S.M. c. 36, s. 9.

each member

tion as if

10. The rules of every association registered under this Rules to bind Act shall bind the association and the members thereof to of associathe same extent as if each member had subscribed his name subscribed and affixed his seal thereto, and there were in such rules con- by him. tained a covenant, on the part of himself, his heirs, executors and administrators, to conform to such rules, subject to the provisions of this Act, and all moneys payable by any member to the association in pursuance of such rules shall be deemed to be a debt due from such member to the association. R.S.M. c. 36, s. 10.

SHARES AND CALLS.

divided into

11. The capital of the association shall be in shares of Capital to be such denomination as may be mentioned in the said rules. shares. R.S.M. c. 36, s. 11.

payable.

paid-up

12. The shares may be payable by instalments, not ex- Shares, how ceeding twenty per cent., at such times and in such manner as may be mentioned in the rules; but no member shall be en- Interest pay titled to draw more than his proportion of interest on the able only on paid-up portion of his shares, and shares shall be of two kinds, shares. transferable and withdrawable, and the members may, from Shares to be time to time, withdraw or transfer their shares upon such of two kinds. terms as may be specified in the rules. R.S.M. c. 36, s. 12.

shares that

restricted,

13. No member shall be entitled, in the case of any asso- Interest in ciation registered under this Act, to hold or claim any may be held interest exceeding five hundred dollars in transferable shares by members and two hundred and fifty dollars in withdrawable shares, and how. and the association may regulate the proportion of transferable and withdrawable shares to be held by members. R.S.M. c. 36, s. 13.

shareholders

14. The liability of the shareholders shall be limited, that Liability of is to say, no shareholder in any such association shall be in to be limited. any manner liable for or charged with the payment of any debt or demand due by the association, beyond the amount of his share or shares subscribed for, and any shareholder having fully paid up the amount of his said share or shares shall be absolved from all further liability. R.S.M. c. 36, s. 14.