Preamble.

Limit of real

property.

55-56 VICTORIA.

CHAP. 70.

An Act respecting the Montreal Board of Trade.

[Assented to 10th May, 1892.]

WHEREAS the Montreal Board of Trade has, by its petition, prayed that an Act be passed amending, as hereinafter set forth, the Acts relating to it, and it is expedient to grant the prayer of the said petition: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. The Montreal Board of Trade, notwithstanding anything and personal contained in the Acts relating thereto, may acquire and hold real and personal estate not exceeding together in clear value the sum of one million dollars; and may alienate, sell, convey, Powers to dis- lease or hypothecate in favour of trustees, or otherwise dispose of the same or any part thereof, from time to time, as occasion requires, and may acquire other estate real or personal instead thereof.

pose thereof.

Section 13,

c. 55 of 1886 amended.

2. Section thirteen of chapter fifty-five of the Statutes of 1886 is hereby amended by striking out in line five the words "five hundred thousand" and substituting therefor the words "one million"; and also by inserting in line fifteen after the word "tie" the words "for the imposition, rate and payment of subscriptions, assessments and fines."

OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the Queen's most Excellent Majesty.

WHEREAS the persons hereinafter named have by their Preamble

petition prayed for the incorporation of themselves and others under the name of "The Dominion Millers' Association," with certain powers hereinafter mentioned, and it is expedient to grant the prayer of the said petition : Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. E. Peplow, of Peterboro'; William Galbraith and John IncorporaBrown, both of Toronto; J. D. Saunby, of London; J. Hamil- tion. ton, of Glen Huron; E. S. Edmondson, of Oshawa; M. F. Beach, of Iroquois; M. McLaughlin and J. L. Spink, both of Toronto; A. Wolverton, of Wolverton; Robert Shirra, of Caledonia; J. A. Brackenridge, of Nottawa; George H. Harper, of Dundas; R. C. Scott, of High Gate; G. S. Baldwin, of Aurora; M. N. Stephens, of Glen Cairn; John Wright, of Owen Sound; Angus Plewes, of Markdale; James Wells, of Plattsville; J. G. Bechtel, of Burford; H. S. Moore, of Norwich; S. R. Stuart, of Mitchell; S. Plewes, of Creemore; A. Sydney Smith, of Port Sydney; J. R. Dafoe, of Napanee; and Hedley Shaw, of Cainsville, and such other persons carrying on business as millers in Canada as are associated with the persons above named for the purposes of this Act, are hereby constituted a body corporate, by the name of "The Dominion Corporate Millers' Association," hereinafter called "the Association."

name.

2. The Association may acquire and hold, under any title Powers as to whatsoever, property, real and personal, may alienate, sell and property. convey, lease or otherwise dispose thereof or any part thereof from time to time, as occasion requires, and may acquire other property, real or personal, instead thereof: Provided always, that the clear annual value of the real estate held by the Association at one time shall not exceed the sum of five thousand dollars.

Objects of the
Association.

Limitation.

Domicile.

Executive committee.

Provisional

committee.

Who may be admitted as members.

3. The objects of the Association are to promote, extend and improve the manufacture of flour and meal, the business of flour milling generally in Canada, and the shipping and sale to foreign markets, as well as to the markets of this country, of grain, flour and meal, and to assist the members of the Association with regard to the matters aforesaid, as provided by by-law, and to arbitrate, adjust, settle and determine controversies and misunderstandings between persons engaged in the said trades, or such as are submitted for arbitration as hereinafter provided; but nothing herein contained shall be construed as constituting the Association a trading company, or empowering them to engage as a trading association in the business of buying and selling grain, flour or other merchandise; nor shall the Association, by rule, regulation, by-law, or otherwise, fix or determine, or endeavour to fix or determine, in any way whatever, the price that the members or any of them shall pay or offer for grains in Canada.

4. The place of meeting of the Association shall be in the city of Toronto, or such other place as is appointed by by-law; and such place of meeting shall be held to be the legal domicile of the Association,

5. For the management of the affairs and business of the Association there shall be an executive committee consisting of a president, vice-president, treasurer, and of such other number of members as is from time to time provided by bylaw, all of whom shall be members of the Association and shall be elected annually at such time and place, in such manner and under such regulations as are from time to time determined by the by-laws of the Association; and in case of a vacancy, such vacancy shall be filled in the manner provided by the by-laws of the Association; a majority or such number as is fixed by the by-laws of the Association shall constitute a quorum of such executive committee for the transaction of business.

6. E. Peplow, W. Galbraith, John Brown, J. D. Saunby, J. Hamilton, E. S. Edmondson and M. F. Beach shall be the executive committee of the Association until others are elected in their place under the provisions of this Act; and the committee hereby appointed shall, until the said election, have all the powers assigned to the executive committee by this Act, and may open the books, enroll members and receive subscriptions, call the necessary meetings, and make the necessary regulations for the first election of the executive committee, and do all matters and things necessary for the full organization of the Association.

7. Such persons as are owners of a mill for the manufacture of flour or meal, or lessees of such a mill, actually carrying on 110 the

the business of milling therein, and such other persons as are by by-law hereafter provided, shall be eligible as members of the Association.

8. An annual meeting of the members of the Association Annual meeting. shall be held for the election of the president and other officers of the Association, and members of the executive committee, and for such other business as is brought before such meeting, at such time and place, and under such regulations and notices as are provided by the by-laws of the Association.

9. The Association, or the majority of the members present, By-laws such number being not less than twenty, at any annual or general meeting, may make and enact such by-laws, rules and regulations for the government of the Association, providing for the admission, expulsion or retirement of members, the subscriptions and fees to be paid by members, for the calling of meetings, for the election and guidance of the president, vicepresident and other members of the executive committee and committees, including a board of arbitration, and such other officers as are deemed necessary, and defining their duties and powers, and all other by-laws in accordance with the requirements of this Act or the laws of Canada, and for the carrying on of the affairs of the Association generally, as seems expedient; and such by-laws shall be binding on the Association, its officers and servants, and all other persons lawfully under its control; but every such by-law, and every repeal, amendment, or re-enactment thereof passed at any meeting, except an annual meeting, unless in the meantime confirmed at a general meeting of the Association duly called for that purpose by giving ten days' notice thereof, shall have force only until the next annual meeting of the Association, and in default of confirmation thereat shall, at and from that time only, cease to have force.

10. The Association may provide by by-law for the election, Arbitrators. or appointment by nomination, of seven arbitrators, members of the Association, three of whom may decide such controver sies, disputes or misunderstandings relating to any commercial or other matters connected with the objects of the Association which arise between the members of the Association, or any persons claiming by, through or under them, as are voluntarily submitted for arbitration by the parties to the dispute, and may provide by by-law any form of agreement, or submission to arbitration, between its members, not contrary to law; and nothing shall prevent the parties in any case from naming members of the Association, other than members of the board of arbitrators, as the arbitrators to whom the matter shall be submitted.

be sworn.

11. The elected or appointed arbitrators shall, after their Arbitrators to election or appointment, and before they act as arbitrators,

Examination under oath.

Award.

Recovery of

Association

take and subscribe an oath before a justice of the peace, or a commissioner appointed to receive affidavits in the Superior Court (who are hereby empowered to administer such oath, which may be in the form in schedule A to this Act,) that they will faithfully, diligently and impartially perform their duties as arbitrators, and will in all cases submitted give a true and just award according to the best of their judgment and ability, without fear, favour or affection of or for any party or person; and the arbitrators appointed by the parties shall in each case, before they act, take and subscribe a similar oath in the manner aforesaid.

12. The three members appointed to hear any case submitted for arbitration as aforesaid, or any two of them, shall have full power to examine under oath (which oath any one of such three members is hereby empowered to administer, and which may be in the form in schedule B to this Act) any party or witness appearing before them to be examined, and shall give an award thereupon in writing; and their award, or that of any two of them, given in such case, shall bind the parties according to the terms of submission and the provisions of this Act.

13. All subscriptions of members, all penalties incurred moneys due to under any by-law, and all other sums of money due by any by members. member of the Association, may, in default of payment, be recovered in any action brought in the name of the Association; and it shall only be necessary to allege in any such action that the defendant is or has been a member of the Association, and that he is indebted to the Association in the amount claimed in respect of subscription, penalty, or otherwise; and a certificate, under the seal of the Association, and signed by the president or vice-president and secretary, to the effect that the defendant is or has been such member, and that he is so indebted as alleged, shall be received in all courts as primâ facie evidence of such indebtedness.

Branch Associations.

Suspension and expulsion of members.

14. The Association may provide for the formation, in accordance with such rules and regulations as are adopted for the purpose, of branch associations in any city, town, county or territorial division as to the Association appears expedient, and may alter the organization of or dissolve such branches; but no such branch shall be deemed to be a separate association.

15. The Association may suspend any member and debar him from the privileges of and incidental to membership, for such cause and in such manner as are provided from time to time by the by-laws of the Association, and may also expel any member for such cause and in such manner as are provided from time to time by the by-laws of the Association.