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Trustees may

XI. And be it enacted, That the said Trustees shall have full power from time to

frames Bylaws time to frame By-laws for the government of the Company and of the members and

submit

ted to the Company.

Mode of voting at meetings.

Company may keep hearses, &c.

Plan of Cemetery to be made.

Certain portions to be assigned to particular Religious denominations.

Proviso as to sale of lots in

Officers thereof, and to submit the same to a general meeting of the Company to be called by the Trustees, after such notice as is hereinbefore required for the first meeting; and such By-laws being so submitted may be allowed or disallowed, amended or altered at such meeting; and such By-laws as shall be finally allowed thereat shall be binding on all members of the Company until repealed or altered in like manner.

XII. And be it enacted, That at all meetings of the Trustees the votes shall be given per capita; but at all meetings of the members of the Company they shall be given by the members present thereat, according to the following proportion, that is to say: each member shall be entitled to one vote for each share he may hold up to ten, but no member shall have more than ten votes.

XIII. And be it enacted, That the Company shall have power to keep hearses and mourning coaches, with the requisite horses and other articles for conveying the corpse and mourners and other persons to and from their Cemetery, and to charge such reasonable rates for the use thereof as shall be from time to time fixed by the Trustees.

XIV. And be it enacted, That after having acquired the ground required for the said Cemetery, the Trustees shall cause the same to be surveyed, and a plan thereof and of the mode proposed for laying out the same, to be prepared by some sworn Surveyor, and shall cause such Surveyor to lay off a portion thereof for the members of the Company being members of the Church of England, and bearing the same proportion to the whole area of the Cemetery as the sum then subscribed by members of the said denomination shall bear to the whole sum then subscribed, such portion to be vested in the Bishop administering the Diocese of Quebec according to the establishment of the Church of England, or the Bishop administering any other such Diocese in which the said Island of Montreal may be included for the time being, and another portion thereof for the members of the Company being of the Jewish persuasion, which shall bear the same proportion to the whole area of the Cemetery, as the sum then subscribed by members of the said denomination shall bear to the whole sum then subscribed; and the portions so laid out and approved by a majority of the whole of the Trustees for the time being, shall be assigned and kept for the use of the said denominations, respectively, and may by them be consecrated or set apart as burial grounds, in such manner as by the rites and customs of the said denominations may be required, but shall not be fenced in or separated from the remainder of the Cemetery,

such portions, except in accordance with the general regulations to be made in that behalf, and shall

Order in which members shall se

be subject in all respects to such general regulations, and all monies to be received for lots sold in the said portions shall be paid over to the general funds of the Company, and such lots shall be sold at the same rates as lots in other portions of the Cemetery.

XV. And be it enacted, That the said Trustees shall also cause the said Cemetery to be divided into lots; and that each member of the Company shall, on the payment lect their lots. of the first instalment of the sum he shall have subscribed, be entitled to select (the right of selection following the order of subscription, if the payment of the first instalment on the sum subscribed, and the selection be made within the time to be fixed for that purpose by the Directors, but otherwise in the order of the payment of such instalments) instalments) at the rate of one lot of one hundred superficial feet for each share for which he shall have subscribed and paid the instalments as aforesaid: Provided, that no person Proviso. not being a member of the Church of England or of the Jewish persuasion shall select a lot in the portions of the Cemetery assigned to the members of these denominations.

scribing for lots may asthem to others

more than six

sign some of

XVI. And be it enacted, That any party having subscribed for and selected more Parties subthan six lots, may dispose of and assign any two or more lots to any other party (subject to the provisions of the next preceding section, as to the portion of the Cemetery assigned to members of the Church of England or of the Jewish persuasion,) but no less than two lots shall be so assigned to any one party, nor shall the price to be paid for the same exceed the sum paid for the same by subscription, and the legal interest thereon.

on certain conditions.

Company to of burial for the poor gratis.

furnish places

XVII. And be it enacted, That the said Company shall furnish graves for the poor free of charge, on the certificate of a Minister or Clergyman, of the denomination to which such poor belong, that the relations of the deceased are poor, and cannot afford to purchase a lot in the said Cemetery; and the Trustees may sell any lot of any size whatsoever less than one hundred superficial feet, to any party; but no party being the Small lots may proprietor of a lot containing less than one hundred feet shall thereby become a member be sold. of the Company or have any vote in the management of the affairs thereof.

pany to be ex

XVIII. And be it enacted, That all the funds of the said Company shall be appro- All the funds priated and applied solely to the purchasing, laying out, fencing, ornamenting and of the Comkeeping up the said Cemetery, and roads and access to the same, and for the other pur- pended on the poses authorized by this Act, and the defraying of the necessary expenses of the Com- Cemetery pany, and no dividend or profit of any kind shall be paid by the said Company to any member or members thereof; and the price of all lots sold and of all rates or fees received for the use of any part thereof, or of any property of the Company, shall go into the general fund of the Company and be appropriated and applied as aforesaid.

Trustees may

deners, ollicers

XIX. And be it enacted, That the said Trustees shall have power to employ such surveyors, architects, gardeners, superintendents, clerks, and other officers and servants employ garas they may think necessary, and to pay them such remuneration as may be deemed and servants. proper, subject always to any By-laws to be made in that behalf.

The whole
Cemetery to

be under the
same superin-
tendent.

Churches may

and at the ex

XX. And be it enacted, That the whole Cemetery shall be under the management of the same chief gardener or superintendent, and subject to the general regulations which shall be made by the Trustees as to the laying out, planting and ornamenting of the Cemetery: Provided always, that the members of any religious denomination may on ground belonging to members of the Company of their own persuasion, and with the consent of such members, erect a Church or Chapel thereon, at the expense of the be erected by members of such persuasion, and have the same consecrated or set apart for Divine pense of any Service, according to the rites and ceremonies of such persuasion, and may have their denomination. own manager for all purposes connected with the burial of their Dead and with the And they may keeping of their Registers, and for all other purposes, saving and excepting the laying for certain purout, planting, or ornamenting of the Cemetery, but nothing herein contained shall be poses only. held to exempt the members of any such denomination from contributing to all the expences of the Company for the purposes mentioned in the eighteenth section, or from the payment of the rates or fees therein mentioned.

Conveyance of XXI. And be it enacted, That the lots in the said Cemetery shall be held to be im

lots in the

Cemetery, &c. moveable property, and shall be inherited or may be devised or assigned and conveyed

Trustees to call for instalments.

Forfeiture if the same be not paid.

Interpretation clause.

Proviso as to
By-laws.

Public Act.

accordingly, saving only that it shall not be necessary that such conveyance be before a Notary or Notaries, but any form of conveyance under the hand and seal of the owner or executed in the manner required for Actes of the Company if by the Trustees to any party, and stating the number of the lot as it stands in the books of the Company, and that the same is thereby conveyed to some party, shall be a valid conveyance thereof; and no hypothec or incumbrance shall in any wise subsist upon any such lot, nor shall any registration of the conveyance be requisite to its validity, except that it be entered in the books of the Company.

XXII. And be it enacted, That the Trustees shall have full power, by notice given in the manner provided for calling general meetings, to call for instalments on the sums which shall then have been subscribed for as aforesaid, and to appoint the time and place where the same shall be payable; and if the same shall not then be paid, the right of the subscriber and any instalment he may have previously paid shall be forfeited, and he shall be held not to have subscribed, unless the Directors shall think it expedient to remit such forfeiture, which they may do in their discretion, if the instalments be paid, with the interest, within one year after the day when it ought to have been paid.

XXIII. And be it enacted, That in construing this Act, words importing the masculine gender or the singular number only, shall be deemed to include more than one person or thing, and females as well as males, unless there be something in the context repugnant to or inconsistent with such construction; and if there be any omitted case or matter, touching which it is necessary that provision be made in order to give full effect to this Act, and to the true intent and object thereof, such provision may be made by any By-law of the Company not inconsistent with or repugnant to this Act: Provided always, that no By-law of the Company shall be repugnant to the laws of Lower Canada except in so far as the same are modified by this Act.

XXIV. And be it enacted, That this Act shall be a Public Act, and as such shall be judicially noticed by all Judges, Justices of the Peace and others whom it may concern, without being specially pleaded.

MONTREAL :-Printed by STEWART DERBISHIRE & GEORGE DESBARATS,
Law Printer to the Queen's Most Excellent Majesty.

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HEREAS it is of great importance to this Province that its mines and mine- Preamble.

W ral wealth should be properly worked and brought into use; and the several

* Sic. of omilted.

persons hereinafter named have by their Petition represented that they have associated themselves together, with divers others, for that purpose, and have agreed by Articles of Agreement entered into at the City of Montreal the twenty-fifth day of April and the twelfth day of December, one thousand eight hundred and forty-six, and have raised by subscription the capital necessary effectually to begin their operations, but that they experience great difficulties in carrying out the objects for which they are associated without an Act incorporating them with the powers hereinafter mentioned, and have prayed that such Act may be passed: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue * and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That the Honorable Peter McGill, the Honorable Certain perGeorge Moffatt, Sir George Simpson, William Collis Meredith, Thomas Cringan, the Honorable Sir Allan Napier MacNab, the Honorable James Ferrier, and David Davidson, the present Trustees of the Association mentioned in the Preamble to this Act, and their successors, and such and so many other persons or parties as have become, or shall become shareholders in the Capital Stock hereinafter mentioned, shall and they are hereby constituted a Body Politic and Corporate, by the name of "The Montreal Mining Company," and by that name shall and may sue and be sued, implead and mad be impleaded, answer and be answered unto in all Courts of Law or Equity whatsoever, powers. and shall have uninterrupted succession with a Common Seal, which may by them be changed or varied at their pleasure.

sons incorpora

ted.

name

II. And whereas the Capital Stock of the said Association formed under the Articles Number of of Agreement aforesaid is divided into one hundred thousand shares, and it is expe- shares of Stock dient to reduce the number of the said shares: Be it therefore enacted, That the of Corporation. said one hundred thousand shares shall merge into and form forty thousand shares, that is to say, each holder of five shares of the stock mentioned in the said Articles of Agreement shall be entitled to two shares of the stock of the said Corporation, and

Liability of shareholders limited.

Calls on holders of Stock not to exceed

no more, and so in proportion to the number of shares which any shareholder may possess.

III. And be it enacted, That no shareholder in the said Corporation shall be in any manner whatsoever liable for or charged with the payment of any debt or demand due by the said Corporation beyond the amount of his, her or their subscribed share or shares in the capital Stock of the said Corporation.

IV. And whereas the Instalments already paid or called in upon the stock already issued are equal to twelve shillings and six pence, on each share of five pounds: Be it £4 7s. 6d. per enacted, that the calls to be hereafter made on the holders of the said Stock shall not

share.

Proviso: former liabilities not to be diminished.

Certain pro

exceed in the whole four pounds, seven shillings and six pence currency per share, and the same shall be paid by instalments when and in such manner as shall be prescribed by the Directors hereinafter named: Provided also, that nothing herein contained shall exonerate, diminish or relieve any party from existing liability to the said Company, whether the said liability relates to contributions due or to fall due upon Stock already issued, or otherwise, but on the contrary all such liabilities and contributions shall and may be forced in the same way, and the Corporations hall have the same remedy to enforce the payment of calls already made, and all other calls and sums now due or called for, as is hereinafter prescribed with respect to future calls and liabilities.

V. And be it enacted, That all and every the estate and property, real or personal, perty vested in belonging to the Association formed under the Articles of Association aforesaid, at the Corporation

Corporation may hold real property to extent of

£100,000.

Business of

time of the passing of this Act, and all debts and claims then due to or possessed by the said Association, shall be and are hereby transferred to and vested in the Corporation hereby established, which shall in like manner be liable to and for all debts due by or claims upon the said Association; and the Trustees of the said Association, at the time of the passing of this Act, shall be Directors of the said Corporation, as if elected under this Act, until their successors shall be elected as hereinafter provided.

VI. And be it enacted, That it shall be lawful for the said Corporation to have and hold such lands and immoveable or real property as may be necessary for carrying on the business of the said Corporation, provided the sum vested in real property purchased from private individuals, do not at any one time exceed one hundred thousand pounds; 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.

VII. And be it enacted, That it shall be lawful for the said Corporation to engage the corporation in and follow the occupation and business of carrying on exploration for and of finding

defined.

Corporation may increase Capital Stock to £400,000.

and getting copper and other ores, metals, and minerals, and manufacturing and of disposing of the same for the benefit of the said Corporation, and to do all things necessary for the purposes aforesaid, not inconsistent with the rights of any other parties or with the conditions of any grants or other title under which the said Corporation may hold the lands in which such things are to be done.

VIII. And be it enacted, That if the said sum of Two hundred thousand pounds be found insufficient for the purposes of this Act, then and in such case it shall be lawful for the Members of the said Corporation by a vote of not less than two-thirds in number of the Shareholders, representing not less than ten thousand shares, at any

General

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