CHAPTER 22. An Act to amend "The Manitoba Controverted [Assented to January 28th, 1916.] IS MAJESTY, by and with the advice and consent of the "The Manitoba amended. 1. Section 11 of "The Manitoba Controverted Elections Section 11 of Act,"being chapter 25 of 4 George v, is hereby amended by Controverted striking out the words "several allegations contained in the Elections Act" said petition are true," in the fourth and fifth lines, and substituting therefor the following, "person or persons against whom such petition is filed, or his or their agent or agents, has or have been guilty of corrupt practices sufficient to avoid the said election." 2. Section 12 of the said Act is hereby repealed and the Section 12 following substituted therefor: 12. Nothing herein contained shall prevent the sitting member from proving, on the trial of any petition under this Act complaining of an undue return and claiming the seat for any person, that such person was not duly elected. 3. Section 24 of the said Act is hereby repealed. repealed and a new section substituted. Section 24 repealed. 4. Sub-section (1) of section 25 of the said Act is hereby Sub-section (1) repealed and the following substituted therefor: 25. (1). Within sixteen days after the service of the petition and the accompanying notice the respondent may file a written answer to the petition, together with a copy thereof for the petitioner. of section 25 repealed and a new sub-section substituted. 5. Section 44 of the said Act is hereby amended by adding Sub-section (3) the following sub-section: added to section 44. dismissed if trial within 6 months from within further (3) If the trial of the petition is not brought on by the Petition to be petitioner or petitioners within six months from the date of not brought to the presentation thereof, or within such further time as a judge, upon the application of the petitioner or petitioners to presentation or be made before the expiration of such six months shall in his time allowed by discretion allow, then such petition shall be dismissed and a judge. the money deposited by the petitioner in accordance with section 19 of this Act shall, ipso facto, be forfeited to the Crown for the use of the Province, less any sums which should be paid out to any of the persons mentioned in said section for the Section 69 repealed and costs, charges and expenses incurred by them in consequence of the proceedings under such petition. Such costs, charges and expenses shall first be taxed by the prothonotary, and the sum or sums so taxed shall be paid by him out of the said deposit to the person or persons entitled thereto. 6. Section 69 of the said Act is hereby repealed and the a new section following substituted therefor: substituted. Chap. 11 of 1915 Man., now repealed. Section 71 amended. Section 72 amended. Section 73 amended. Section 74 amended. Section 75 amended. Section 78 amended. Section 79 amended. Pending proceedings not affected. 69. An appeal by any party to an election petition, who is dissatisfied with any judgment, rule, order or decision of the court or a judge, shall lie to the Court of Appeal for Manitoba. 7. Chapter 11 of 5 George v is hereby repealed. 8. Section 71 of the said Act is hereby amended by striking out therefrom all the words commencing with the word "and' in the seventh line thereof to the end thereof. 9. Section 72 of the said Act is hereby amended by striking out therefrom the words "or the Supreme Court" in the third line thereof, and the words "or Supreme Court" in the last line thereof. 10. Section 73 of the said Act is hereby amended by striking out the words "or the Supreme Court of Canada" from the third and fourth lines thereof. 11. Section 74 of the said Act is hereby amended by striking out the words "or of the Supreme Court of Canada" from the third and fourth lines thereof, and the words "or the Supreme Court of Canada" from the fifth and sixth lines thereof. 12. Section 75 of the said Act is hereby amended by striking out the words "or the Supreme Court of Canada" from the first and second lines thereof. 13. Section 78 of the said Act is hereby amended by striking out the words "or by the Supreme Court of Canada, as the case may be" from the fourth and fifth lines thereof. 14. Section 79 of the said Act is hereby amended by striking out the words "or Supreme Court of Canada as the case may be" from the fifth and sixth lines thereof. 15. This Act shall not apply to the proceedings under any petition now pending. 16. This Act shall come into force on the day that it is assented to. CHAPTER 23. An Act respecting Co-Operative Associations. H' [Assented to March 10th, 1916.] IS MAJESTY, by and with the advice and consent of the SHORT TITLE. 1. This Act may be cited as "The Co-operative Associations Short title. Act." INTERPRETATION 2. In this Act, unless the context otherwise requires the expression (a) "registrar" shall mean the registrar of co-operative "Registrar." associations for Manitoba; (b) "association" shall mean an association incorporated "Association." under this Act. 3. The Lieutenant-Governor-in-Council may appoint a Appointment registrar of co-operative associations, and may fix his remun- of registrar. eration. INCORPORATION. the incorpora association under this Act. 4. Any seven or more persons who desire to associate them- Procedure for selves together as an incorporated association under this Act, tion of an for the purpose of carrying on any labor, or for fulfilling the requirements of any contract or undertaking by or on behalf of the laborers, or for the purpose of conducting and carrying on any co-operative business, whether wholesale, retail, manufacturing, importing, exporting, commission, warehousing or otherwise, may, in the presence of a witness, sign in duplicate and cause to be filed in the office of the registrar a memorandum of association in writing (to which shall be attached an affidavit verifying the signatures), in the form set forth in schedule A of this Act, or to the like effect, together with a copy of the rules or by-laws agreed upon for the regulation, government and management of the association, signed by such persons respectively. 5. The signatures to the rules or by-laws shall be verified Verification of by the affidavit of subscribing witness thereto. signatures Duty of 6. It shall be the duty of the registrar to carefully peruse registrar to the said rules and by-laws and, if considered workable, to peruse ma terial. Name not to be identical with that of existing association. Incorporation. Investment of capital. receive and file same, and the memorandum of association, otherwise to return same to the subscribers stating wherein they are defective. 7. No association shall be registered under a name identical with that by which any other existing association has been registered, or so nearly resembling the same as to be likely to deceive. The word "Co-operative" shall form part of and the word "Limited" shall be the last word in the name of any association registered under this Act. POWER OF ASSOCIATION 8. Upon the filing of the memorandum of association and rules or by-laws as aforesaid, and payment of the prescribed fees, the subscribers to the said memorandum of association and such other persons as may thereafter become shareholders in the said association shall thereupon become and be a body corporate and politic under its registered name, with power to carry on the said business and do everything incidental to the attainment of the said objects, and to forward the interests of its shareholders in every legitimate way and to purchase, acquire, hold and dispose of real property acquired for the purpose of the association and to alienate the same at pleasure. 9. Any association may invest any part of its capital in the shares of any other limited liability association or corporation having objects wholly or in part similar to the co-operative associations registered under this Act, and the association so investing may make such investment under its registered name. Shares may be Any other body corporate may, if its regulations permit, hold held by bodies in its corporate name shares in the associations created under this Act. corporate. Payment upon delivery. Sales for cash only. Credit to be pledged only in certain cases. 10. The association shall pay for all goods purchased upon delivery. 11. No association shall sell its goods, wares or merchandise to its shareholders, patrons or customers except for cash. No credit shall be given. 12. The directors shall not have power to pledge the credit of the association except for the purchase price or rental of business premises, salaries and incidental expenses, or for moneys temporarily borrowed to pay for goods purchased or expenses incurred in connection therewith or the shipment thereof. Failure to elect trustees not to dissolve the association. BY-LAWS. 13. (a) If it happens at any time that an election of trustees is not made on the day designated in the rules of the association, when it ought to have been made, the association shall not for that reason be dissolved, but an election may be held on any other day in such manner as may be provided for in the rules, or at a general meeting of the members to be specially called for that purpose, due notice being given of such election as in the rules provided, and all acts of trustees, until their successors are appointed, shall be valid and binding. schedule C. (b) The association shall pass standard by-laws according By-laws in to the form set forth in schedule C of this Act, but shall have' power to pass amending or supplemental by-laws as may be Amending supdeemed advisable by the association, providing that such by-by-laws. laws are not inconsistent with any provisions of this Act, and no amending supplemental by-laws shall become operative until approved by the registrar as not inconsistent with the standard by-laws or with the other provisions of this Act. It shall also be the duty of the registrar, on receipt of an application from the association outlining what a supplemental by-law is required to cover, to prepare such supplemental by-law and submit same to the association. CAPITAL AND SHARES. of shares. 14. The capital of every association under this Act shall Denomination be such an amount and divided into shares of such denomination as may be set forth under the memorandum of association and the par value of any shares shall not exceed thirty dollars. decrease of 15. Subject to the approval of the registrar, the capital may Increase or be increased or decreased from time to time, by by-law of the capital. association. 16. The shares may be payable by instalments at such times Shares, how and in such manner as may be determined by by-law. purchased, etc. 17. No shareholder shall receive interest on any but the Interest on only paid portion of his shares. paid up portion of shares. 18. Shares may be assigned or transferred, or may be re- Assignment, purchased by the association transfer or repurchase of shares. (a) Provided that no such assignment, transfer or re-pur- Directors to chase shall be valid unless and until approved and authorized approve. by the directors; Can only approve in certain (b) Provided further that no such assignment, transfer or re-purchase shall be approved or authorized by the directors circumstances. if it would reduce the total number of shareholders below seven, or the number of shareholders below 75 per cent. of the maximum number at any previous time during the life-time of the association. ability on 19. Every shareholder shall be individually liable to the Limited licreditors of the association for debts and liabilities of the shares. association only to an amount equal to the amount unpaid on the shares held by him and until the whole amount of his shares has been paid up, but no shareholder shall be liable to an action in respect of such unpaid balance until an execution at the suit |