1924 CHAPTER 7. An Act respecting The Alberta Co-operative (Assented to April 12, 1924.) Whereas, The Alberta Co-operative Wheat Producers, Limited, was duly incorporated on the eighteenth day of August, 1923, under the provisions of The Co-operative Association Act, being Chapter 160 of the Revised Statutes of Alberta, 1922; And Whereas, it is desirable that the said incorporation be confirmed and validated and that the said Corporation be declared to have and to have had since its incorporation the powers hereinafter set forth and that certain agreements of the Corporation be given effect to and validated. Therefore His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited as "The Alberta Co-operative Short title Wheat Producers, Limited, Act." 2. The said incorporation is hereby confirmed, ratified Incorporation and validated, and William James Jackman, farmer, Bremner; Charles Wilson Robinson, farmer, Munson; Henry Wise Wood, farmer, Carstairs; Archie Rutherford Brown, farmer, Westlock; Clarence Claussen Wager, farmer, Coronation; Stephen Lunn, farmer, Pincher Creek; Tom Pole, farmer, Beddington; Clarence Alexander Noland, farmer, Redland; Fred McDonald, farmer, Mirror; William Burns Storm, farmer, Dalemead; Malcolm Alexander McMillan, farmer, Tees; Samuel Nelson, farmer, Sunnyslope; William Franklin Harvey, farmer, Milo; Hans Lausen, farmer, Carseland; Francis Duncan Beveridge, farmer, Calgary; John Edwin Gustus, farmer, Calgary; Christian Jensen, farmer, Magrath; Lachlaine Archibald Campbell, farmer, Calgary; Lew Hutchinson, farmer, Duhamel; Archibald H. Clark, farmer, Edmonton; Thomas Byers, farmer, Edmonton; Ben Peter Dick, farmer, Edmonton; James Alexander Sutherland, farmer, Namao; George Almer Wilkinson, farmer, Edmonton; together with all such persons as have become members of the corporation prior to the passing of this Act and all such other persons as may hereafter Validation of agreements Board become members of the corporation in accordance with the by-laws thereof, are hereby declared to be and to have been since the eighteenth day of August, 1923, a body corporate and politic under the name and style of "The Alberta Co-operative Wheat Producers, Limited," the said body corporate and politic by that name shall have perpetual succession and a common seal, and by that name may sue and be sued, plead and be impleaded in all Courts whatsoever, and shall be and is possessed of and invested with all the real and personal estate, property, assets and effects, and all present and future rights, claims and interests of the said corporation, and shall be and is liable for all the debts, liabilities and obligations of the said corporation, and the real and personal estate, property, assets and effects and all present and future rights, claims and interests of the said corporation are declared to be vested in The Alberta Co-operative Wheat Producers, Limited. (2) In addition to the foregoing the corporation shall have and be deemed to have had since the eighteenth day of August, 1923, the capacity of a natural person to accept extra-provincial powers and rights and to exercise its powers beyond the boundaries of the Province to the extent to which the laws in force where such powers are sought to be exercised permit, and the corporation shall by virtue of its incorporation so far as its capacities are concerned have and be deemed to have had the same capacities as if it were or had been incorporated by letters patent under the Great Seal: Provided that nothing in this section contained shall so far as concerns the ascertainment and adjustment of rights between the corporation or its officers and its members or any of them be deemed to extend the powers of the corporation beyond the objects in this Act set forth. 3. The said corporation is declared to have and shall be deemed to have had at all times since its incorporation on the eighteenth day of August, 1923, all the powers in this Act set forth. 4. The agreement referred to in subsection 8 of section 8 hereof, or any agreement to the like effect heretofore or hereafter purporting to have been or to be entered into between the corporation and any other person or persons or corporation, is declared to have been and to be in full force, virtue and effect and to be legal, valid and binding. 5. The concerns and business of the corporation shall be managed by a Board consisting of seven directors or such greater number as may from time to time be fixed by the rules and by-laws of the corporation, and the fol lowing shall be and continue to be the directors of the corporation, namely, Henry Wise Wood, of Carstairs; William James Jackman, of Bremner; Christian Jensen, of Magrath; Lew Hutchinson, of Duhamel; Ben Smith Plumer, of Bassano; Oran Leo McPherson, of Vulcan; and Robert Newton Mangles, of Youngstown, until their successors are appointed under the rules or by-laws of the corporation. 6. The capital of the corporation shall continue to be Capital unlimited in amount, and shall continue to consist of shares of the par value of one dollar ($1.00) each, or of such other amount as shall from time to time be determined by the rules or by-laws of the corporation. 7. The head office of the corporation shall be at the Head office City of Calgary, or at such other place in the Province as the directors may determine. 8. The objects of the corporation shall be and the cor- objects poration is hereby authorized— 1. To act as agent and factor to receive and take delivery of, Agent and handle, grade, classify, store, mor gage, pledge, hypothecate, insure, factor. transport, sell, market and otherwise dispose of and deal in the wheat and grain and other cereals produced or delivered to it by the members of this association or others, and any documents of title, warehouse receipts, storage receipts or other documents with respect thereto; wheat. 2. To enter into any contracts or arrangements whatsoever for Co-operative or incidental to the co-operative selling or marketing of wheat; selling of 3. To act as mercantile agent as defined by and within the mean- Mercantile ing of The Factors Act, being chapter 147 of the Revised Statutes of agent Alberta, 1922; defined. 4. To act as attorney in fact for its members or any of them Attorney for or for others; members. 5. To loan and advance money to members of this association or To loan and other person, or persons, or firms, or association, or company, upon advance any adequate security and to accept as collateral or security for any money. such loans, warehouse receipts, storage receipts, documents of title, mortgages or any other kind of property or security permitted by law; 6. To mingle and mix the wheat, grain and other cereals received To handle by this association from any member with wheat, grain and other grain. cereals of like kind, grade and classification delivered to this association by other members and, in its discretion, clean, condition, blend or process the same; 7. To pay pro rata to the members of this association delivering Distribute wheat, grain and other cereals to this association the average price proceeds of secured on the sale of all wheat of like kind and grade so commingled grain. and sold, subject to such deductions as are provided for by contract and by the by-laws of this association; 8. To enter into and carry into effect, with or without modifica- Members' tion, a certain agreement which was referred to in the memorandum agreement. and filed with the Registrar of Joint Stock Companies upon the said incorporation; 9. To enter into and carry into effect such other contracts with Other respect to all kinds and classes of wheat, grain and other cereals and contracts. agricultural products and documents of title, receipts and other documents with respect thereto, of the members of this association or others as may be deemed expedient by this association; general 10. To buy, sell and deal in and deal with all classes of wheat, Conduct grain and other cereals and agricultural products and any documents grain of title, warehouse receipts, storage receipts or other documents with business. Flour. Elevators. Grain products. Warehousing and storage Partnerships To hold securities. Canada Grain Act license Operate Legislation. Make with governments or other authorities. respect thereto and to receive the same on consignment or otherwise and to sell the same on commission or otherwise and generally conduct the business of dealers in grain, wheat and other cereals and of produce merchants; 11. To manufacture, buy and sell flour and other food articles manufactured from grain and cereals; 12. To acquire by purchase, lease or otherwise, and to own, sell, lease, construct, maintain, convey, improve, equip and operate all classes of grain elevators, warehouses, granaries, buildings and manufactories for the storage of all kinds of goods that may be produced from or in conjunction with grain or cereals of any kind; 13. To buy and sell, trade and deal in and deal with the products of said manufactories or factories and in said grain or cereals in any state of their product; 14. To receive wheat and other grains or cereals for storage and to carry on the business of warehousing and cold storage and all the business necessary or impliedly incidental thereto and to further carry on the business of general warehousing in all its several branches; 15. To amalgamate or enter into a partnership or any agreement or arrangement for union of interest, co-operations, joint adventure, sharing profits, reciprocal concession or otherwise with any other person or persons or company or association carrying on or engaged in or interested in any similar or suitable business or transaction and to confer upon or delegate to any such person or persons or company or association all of the powers, rights and privileges of this association hereunder or under the contract mentioned in paragraph eight hereof or otherwise; 16. To take or otherwise acquire and hold shares, bonds, debentures, stocks or other securities or obligations in any other company or association carrying on any business capable of being conducted so as directly or indirectly to benefit this association and to pay for the same wholly or partly in cash fully paid up and non-assessable shares of the capital stock or other securities of this association or otherwise as may be agreed upon and to vote all shares so held through such agent or agents as the trustees may appoint and to dispose of the same or any part thereof on such terms and in such manner as the association shall think fit; 17. For any of the purposes of this association to become licensed as required under any of the provisions of The Canada Grain Act and its amendments and to carry on any business in the said Act referred to and to make and execute all necessary contracts, bonds and obligations and do all things thereby required for any of the said purposes; 18. To procure the association to be registered and recognized in any other Province or Provinces of Canada or in any other country and to designate persons therein according to the laws of such Province or Provinces or such other country to represent this association and to accept service for and on behalf of the association of any process or suit; 19. To apply and promote and obtain any Act of Parliament, Federal or Provincial, and any order from other authority for enabling this association to carry any of its objects into effect or for any other purpose which may seem expedient and to oppose any proceeding or applications which may seem calculated directly or indirectly to prejudice the interests of this association; 20. To enter into any arrangements with any authorities or govarrangements ernments, municipal, local or otherwise, that may seem conducive to the objects of this association or any of them, and to obtain from any such authority any rights, privileges and concessions or guarantees which this association may think it desirable to obtain and to carry out, exercise and comply with any such arrangements, rights, privileges, concessions or guarantees; Branches and agencies. 21. To establish branches or agencies in any Province of Canada or in any country and to carry on business in any such Province or country through such branches or agencies or otherwise, subject always to local laws in any such province or country; |