By-laws and rules Different societies or branches may unite Liability of persons under age Benefits to members Exemption from claims of creditors Payment in good faith to wrong person Powers of societies as to holding lands affairs and for the discipline and management of the society and may from time to time make by-laws, rules and regulations for the government and for conducting the affairs of the society or of any branches thereof; and may from time to time alter or rescind such by-laws, rules or regulations. C.O.. c. 66, s. 4. 5. Any two or more societies or branches of a society may unite and form one society or branch for the purpose of erecting buildings for the use of the societies or branches and, if they so desire, for other purposes, on such terms as may be agreed upon by authority of a resolution assented to by a majority of the members of each of the said societies or branches proposed to be united: Provided that every such resolution is passed at a general meeting of each of the societies or branches concerned in such union, to be specially called for that purpose. C.O., c. 66, s. 5. 6. A person under the age of twenty-one years, elected or admitted as a member of a society, or appointed to any office therein, shall be liable to the payment of fees and otherwise under the rules of the society as if he were of full age. C.O., c. 66, s. 6. 7. When under the rules of the society money of the society becomes payable to or for the use or benefit of a member thereof such money shall be free from all claims by the creditors of such member; and when on the death of a member of a society any sum of money becomes payable under the rules of the society, the same shall be paid by the treasurer or other officer of the society to the person or persons entitled under the rules thereof or shall be applied by the society as may be provided by such rules: and such money shall be, to the extent of $2,000, free from all claims by the personal representative or creditors of the deceased and in case any sum is paid in good faith to the person who appears to the treasurer or other officer to be entitled to receive the same, or is applied in good faith for the purposes by the rules provided, no action shall be brought against the society or such treasurer or officer in respect thereof; but nevertheless if it subsequently appears that such money has been paid to the wrong person the person entitled thereto may recover the amount with interest from the person who has wrongfully received it. C.O., c. 66, s. 7. 8. No society or branch incorporated under this Ordinance shall be entitled to acquire or hold as purchasers or otherwise any lands or tenements or any interests therein exceeding in the whole at any one time the annual value of $5.000 nor shall the society or branch be entitled to purchase land except for the actual use and occupation of the society for the purposes of the society. C.O., c. 66, s. 8. taking and lands by gift, bequest 9. Any such society or branch may from time to time take Powers as to by gift, devise or bequest any lands or tenements or any retaining interests therein, provided such gift, devise or bequest is made devise or at least six months before the death of the person making the 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 oranch 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 same were acquired, his heirs, executors, administrators or assigns. C.O., c. 66, s. 9. mortgage, etc., 10. Any society may in pursuance of a resolution assented Powers to sell, to by a majority of the members present at a general meeting lands" specially called for that purpose, of which public notice shall be given in the manner provided by the by-laws, mortgage, sell, exchange or lease any lands of the society. C.O., c. 66, s. 10. declaration of to be evidence 11. A copy of the declaration under the second section of Copy of this Ordinance certified by the registrar of the said Supreme incorporation 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 register 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. C.O., c. 66, s. 11. Defects in form Certificate of Application for certificate Evidence thereon Issue of certificate Costs and practice 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. C.O., c. 66, s. 12. 13. To facilitate the proof of a society or branch being an incorporated society or branch under this Ordinance and to prevent any future question as to the same, the society or 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 authorizing 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 society or branch to a judge of the Supreme Court of the North-West Territories. 2. The application shall be supported by satisfactory evidence that the society or branch is a society or branch within 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. 3. When the judge is satisfied that the society or branch is 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 counterpart thereof shall be final and conclusive as hereinbefore mentioned. 4. The judges of the Supreme Court of the North-West Territories shall have power to regulate the practice and costs in such cases. C.O., c. 66, s. 13. 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 property 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. C.O., c. 66, s. 14. name, etc.. 15. When a society incorporated under the provisions of Change of this Ordinance is desirous of changing its name or of chang. of society ing 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. filed (2) Such order shall be filed in the office in which the cer- Order to be tificate 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. obligations of affected (3) No change under the next preceding two subsections Rights and shall affect the rights or obligations of the society and all society not 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. C.O.. c. 66, s. 15. 16. In case the Lieutenant Governor in Council adopts or Forms. 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 forms had been inserted in this Ordinance. C.O., c. 66, s. 16. SCHEDULE. Ordinances for purposes not intended by this Ordinance: Short title Mode of organization Election of officers Annual subscription CHAPTER 67. An Ordinance respecting Mechanics' and Literary Institutes. THE HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows: SHORT TITLE. 1. This Ordinance may be cited as "The Mechanics' and Literary Institutes Ordinance." C.O., c. 67, s. 1. ORGANIZATION AND OBJECTS OF INSTITUTES. 2. A mechanics' and literary institute shall be held to have been organized under the provisions of this Ordinance whenever 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 organized an institute under this Ordinance have signed a declaration setting out the amounts subscribed by each 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 authorized 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. C.O., c. 67, s. 2. 3. Upon the Lieutenant Governor in Council approving the organization 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 organized. (2) The officers to be elected at such meeting shall be s president, vice president, secretary-treasurer, auditor and not less than five directors and the persons entitled to vote at such meeting shall be members. C.O., c. 67, s. 3. 4. Any person may become a member of a mechanics' and literary institute organized under this Ordinance by paying to the treasurer thereof yearly the sum of $1 which shall be |