of the Council, until the first election to be had under provisions of this Act; and the Council hereby appointed shall, until the said election, have all the powers assigned to the Council of the said corporation by this Act.

tion of mem

Council.

6. The members of the association shall meet annually at some Annual meet place within the County of King's, of which due notice shall be ing and elec given by the Council for the time being on the first Thursday in bers and the month of July of each year; and they or a majority of them officers of shall then and there elect by ballot from among the members of the association, one President, one Vice-President and twentysix other members of the Council; and the Council so constituted shall, at their next meeting thereafter, choose, from among the members of the association, six other persons to be members of the said Council,-making such choice in such manner that, as far as may be, the principal branches of trade and commerce carried on within the County of King's shall be represented therein; and Term of office, the President, Vice-President and members so elect and chosen shall form the Council of the said association, and shall hold their office until others shall be elected at the next annual meeting, or until they shall be removed from office or shall vacate the same un ler the provisions of any by-law of the association: Provided Proviso in case always, that if the said election shall not take place in the month election. of July in any year, such election may be had at any general meeting of the association to be called in manner hereinafter provided, and the members of the Council then in office shall so remain until such election shall be had.

of failure of

how filled.

7. If any member of the Council shall die, resign his office or Vacancies be absent for six months continuously from the said Province, it shall be lawful for the said corporation, if they shall see fit, at any general meeting to elect a member of the corporation to be a member of the Council in the place of the member so dying or resigning or being absent; and the member so elect shall hold office until the next election, and no longer, unless re-elected.

meetings.

8. At any annual or general meeting of the corporation any Quorum at six or more members shall form a quorum, and shall be competent general to do and perform all acts which, either by this Act or by any bylaw of the corporation, are or shall be directed to be done at any such general meeting.

9. Any member of the said corporation intending to retire Retirement of therefrom or resign his membership may at any time do so, upon members. giving to the Secretary ten days' notice of such intention in writing, and discharging any lawful liability which may be standing on the books of the said corporation against him at the time of such notice.

Power to

10. It shall be lawful for the said corporation, or the majority these present and being a quorum, at any general meeting, to enact by-laws make and enact such by-laws, rules and regulations for the for certain ernment of the said corporation, providing for the admission and purposes.

gov

expulsion

Who may be

of the

corporation, Proviso as to

others.

expulsion or the retirement of members, and for the management of its Council, officers and affairs, and the guidance of the Board of Arbitration hereinafter mentioned, and all other by-laws in accordance with the requirements of this Act or the laws of Canada as such majority may deem advisable; and such by-laws shall be binding on members of the said corporation, its officers and servants, and all other persons whomsoever, lawfully under its control.

11. Each and every person resident in the County of King's, come members being or having been a merchant, trader, mechanic, farmer, resident director or manager of a bank or insurance agent in the said county shall be eligible to become a member of the said corporation: Provided always, that any other person whosoever shall be eligible to be proposed and balloted for as a member, and to become a member of the said corporation as aforesaid, in case such person shall be recommended by the Council of the Board of Trade at any such meeting.

Extraordinary general meetings how called.

Additional

council under

by-laws.

12. It shall always be lawful for the President or the Council of the corporation, by at least nine days' notice being given in two newspapers published in New Brunswick, to call a general meeting of the corporation, for any of the purposes of this Act. It shall be the duty of the President, upon a requisition to that effect in writing, signed by at least five members of the Council, to call a general meeting of the corporation for the purposes stated in such requisition.

13. The said Council shall, in addition to the powers hereby powers of the expressly conferred on them, have such powers as shall be assigned to them by any by-laws of the corporation,-except only the power of enacting or altering any by-law, which shall be done in the manner provided by this Act, and no other; and any five or more members of the Council lawfully met, (and of whom the President or Vice-President shall be one), shall be a querum; and any majority of such quorum may do all things within the power of the Council; and at all meetings of the said Council, and at all general meetings of the corporation, the President, or in his absence the Vice-President, or if both be absent any member of the Council then present who may be chosen for the occasion, shall preside, Casting vote. and in all cases of equality of votes, shall have a double or casting

Meetings of the council. Who to preside.

Secretary and treasurer.

Special meetings.

vote.

14. It shall be competent to the said Council to appoint, and from time to time to remove and re-appoint, a Secretary and Treasurer of the Board; and to hold meetings from time to time, and to adjourn the same when necessary; and at the said meetings to transact such business as may, by this Act or by the by-laws of the corporation, be assigned to them; and such meetings of the Council shall be convened by the Secretary at the instance of the President or at the request of any two members of the Council; or by the said President or members, in case there shall be no Secretary, or in case the Secretary for the time being shall neglect or refuse to summon any such meeting.

framed and

15. It shall be the duty of the Council hereby appointed, so By-laws to be soon as may be after the passing of this Act, to frame such by-submitted for laws, rules and regulations as they shall consider best adapted to adoption. promote the welfare of the corporation and the purposes of this Act, and to submit the same for adoption to a general meeting of the corporation called for the purpose, in the manner hereinbefore provided.

recovered.

16. All subscriptions of members due to the corporation under Subscriptions any by-law by any person bound thereby, and all other sums of how paid or money due to the corporation shall be paid to the Treasurer thercof, and in default of payment may be recovered in any action brought by him in the name of the corporation in any court of competent civil jurisdiction.

17. The meetings of the members of the Council shall be open Meetings and to all other members of the corporation, who may attend at the minutes of proceedings. same, but who shall take no part in any proceedings thereat; and minutes of the proceedings of all such meetings and of all general meetings of the corporation shall be entered in the register to be kept for that purpose by a person or persons appointed to keep the same, and the entry shall be signed by the Secretary; and such register shall be open at all reasonable hours to any member of Minutes to be the corporation free of any charge, and also to all other persons, on open to all payment of a fee of twenty cents to the officer having charge of the register.

persons.

Arbitration.

duties of Board.

18. At the same time and times as are hereby appointed for Board of the election of the Council, and in the same manner, it shall be lawful for the members of the said corporation to elect from among their number six persons who shall be called "the Board of Arbitration", and any three of whom shall have the power to Powers and arbitrate upon, and to give their award in any commercial case of difference which shall be voluntarily referred to them by the parties concerned and whenever any such parties shall agree and bind themselves, by bond or otherwise, to submit the matter in dispute between them to the decision of the said Board of Arbitration, such submission shall be understood to be made to any three members of the said Board, who may, either by the special order of the Board or by virtue of any general rule adopted by them or under any by-laws of the corporation with regard to the consideration of cases so submitted to them, be appointed to hear and arbitrate upon the case, and shall be understood to bind the parties to submit to the decision of the said Board; and any such Form of submission shall be in the form of the schedule of this Act, or in submission. other words to the same effect.

Arbitration to

19. The several members of the said Board of Arbitration Members of shall, before they act as such, take and subscribe before the Presi- Beard of dent or Vice-President of the corporation, an oath that they will be sworn. faithfully, impartially and diligently perform their duties as members of the said Board of Arbitration, and will, in all cases submitted to them, give a true and just award according to the

best

Member of council may be an arbitrator. Powers of arbitrators.

witnesses

under oath.

best of their judgment and ability, without fear, favor or affection of or for any person or party whomsoever; and this oath shall be kept among the documents of the corporation.

20. Any member of the Council of the corporation may be at the same time a member of the said Board of Arbitration.

21. The three members appointed to hear any case submitted for arbitration as aforesaid, or any two of them shall have full May examine power to examine into the ficts of such case, and to examine on oath (which oath any one of such three members is hereby empowered to administer) any party or witness who appears voluntarily before them and shall be willing to be so examined, and shall give their award thereupon in writing; and their decision or that of any two of them, given by such award, shall bind the parties according to the terms of the submission and to the provisions of this Act.

Affirmation

allowed in

22. Any person, who may by law in other cases make a solemn stead of oath, affirmation instead of taking an oath, may make such solemn affirmation in any case when, by this Act, an oath is required; and any person hereby authorized to administer an oath, may in such case as aforesaid administer such solemn affirmation; and any person who shall wilfully swear or affirm falsely in any case where an oath or solemn affirmation is by this Act required or authorized, shall be guilty of wilful and corrupt perjury.

Perjury.

Saving of

rights of the Crown.

23. Nothing in this Act shall affect the rights of Her Majesty, her heirs or successors, or any party or person whomsoever, such rights only excepted as are herein expressly mentioned and affected

SCHEDULE.

FORM OF SUBMISSION TO THE AWARD OF THE BOARD OF ARBI

TRATION.

KNOW all men that the undersigned

and the undersigned (if there be more parties, that is more separate interests, mention them), having a difference as to the respective rights of the said parties in the case hereunto subjoined, have agreed and bound themselves, under a penalty of

to perform the award to be made by the Board of Arbitration in the case aforesaid, under the penalty aforesaid to be paid by the party refusing to perform such award to the party ready and willing to perform the same.

In witness whereof the parties have hereunto interchangeably set their hands at

day of

on the

FORM OF OATH TO BE TAKEN BY THE MEMBERS OF THE BOARD
OF ARBITRATION.

I swear that I will faithfully, impartially and diligently perform my duty as a member of the Board of Arbitration of the King's County Board of Trade, and that I will in all cases in which I shall act as Arbitrator give a true and just award, according to the best of my judgment and ability, without fear, favor or affection of or for any party or parties whomsoever. So help me God.

CHAP.

CHAP. 68,

An Act to incorporate the Oshawa Board of Trade.

WE

[Assented to 23rd May, 1873.]

HEREAS Thomas Nicholson Gibbs, M. P., William Henry Preamble. Gibbs, M. P., Francis Wayland Glen, Esquire, Algernon Sidney Whiting, Esquire, William McGill, M. P., William Frederick Cowan, Esquire, John Cowan, Esquire, Francis Rae, M. D., George F. Blamey, John S. Larke, Robert Smith, Alexander Henderson, James Carmichael and James Smith, all of the Village of Oshawa, in the County and Province of Ontario, have by their petition prayed that they may be incorporated for the purpose of establishing a Board of Trade at the Village of Oshawa, in the County and Province of Ontario; and whereas it is expedient to grant the prayer of their 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 said Thomas Nicholson Gibbs, William Henry Gibbs, Incorporation. Francis Wayland Glen, Algernon Sidney Whiting, William McGill, William Frederick Cowan, John Cowan, Fiancis Rae, George F. Blamey, John S. Larke, Robert Smith, Alexander Henderson, James Carmichael and James Smith, and such other persons resident or interested in the village of Oshawa, as are or shall be associated with the persons above-named for the purposes of this Act in the manner hereinafter provided, and their successors shall be and are hereby constituted a body politic by the name of "The Oshawa Board of Trade," for the purposes hereinafter men- Corporate tioned, and may, by that name, sue and be sued, implead and be name and impleaded, answer and be answered unto, defend and be defended powers. in all courts of law or equity and all other places whatsoever, in all manner of actions, suits, complaints, matters and causes whatsoever; and by that name they and their successors shall have perpetual succession, and may have a common seal, and the same may make, alter and change at their will and pleasure; and they and their successors by their corporate name shall have power to purchase, take, receive, hold and enjoy any estate whatsoever, real or personal, and alienate, sell, convey, lease or otherwise dispose of the same, or any part thereof, from time to time, and as they and their successors may see fit, and other estate, real or personal to acquire instead thereof: Provided always, that the Proviso as to clear annual value of the real estate held by the said corporation, real property. at any one time, shall not exceed five thousand dollars.

of funds and

2. The funds and property of the said corporation shall be Application used and applied to and for such purposes only as may be calcu- property. lated to promote and extend the lawful trade and commerce of Canada generally and of the village of Oshawa in particular, or as may be necessary to carry out the objects for which the said corporation is constituted, according to the true intent and meaning of this Act.