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3113. In cases not mentioned in the two preceding articles, When to $400. the yearly value of real property to be held by any such corporation shall never exceed four hundred dollars. C. S. C., c. 72, s. 8.
3114. The affairs of every such corporation shall be Directors and managed by the directors or trustees thereof, appointed as trustees. hereinafter or by any by-law of the corporation provided, who, or a majority of whom, may exercise all the powers of the corporation, and act in its name and on its behalf, and use its seal, subject always to any provisions limiting the exercise of such powers in the declaration aforesaid, or in any bylaw of the corporation. C. S. C., c. 72, s. 9.
3115. The trustees, or a majority of them, may make By-laws. by-laws binding the members and officers thereof, and all others who agree to be bound by them, for all purposes relative to the affairs and business of the corporation, except as to matters touching which it is provided by the declaration that by-laws shall be made in some other manner. C. S. C., c. 72, s. 10.
3116. The members of every such corporation may, at their Officers. annual meeting, to be held on the day appointed by a by-law of the corporation, choose from among themselves a president, and may appoint (except it be otherwise provided in the declaration or by-laws) a librarian, treasurer, secretary, lecturer, and such other officers and servants of the corporation as they think necessary, and fix and pay their remuneration.
They may also choose a board of directors or trustees of such Directors corporation, who shall hold office for one year, or such further time as may be hereinafter limited or permitted. C. S. C., c. 72, s 11.
3117. A failure to elect trustees on any day appointed for Failure to that purpose by the declaration or by any by-laws, shall elect providnot operate the dissolution of the corporation, but the trustees then in office shall remain in office until their successors are elected, which they may be (if no other provision be made therefor by the declaration or by-laws) at any meeting of the members of the corporation at which a majority of such members are present, in whatever way such meeting may have been called. C. S. C., c. 72, s. 12.
3118. Any fine incurred may be recovered in like manner Recovery and as a subscription or other sum of money. application
All fines so recovered shall belong to the corporation for the use thereof. C. S. C., c. 72, s. 16.
3119. Any such corporation may, if so stated in the declara- Institutions tion, be at the same time a mechanics' institute and a library may be joint, association, or either of them, and its business shall accordingly
Shares to be personal property.
3120. If it be provided in the declaration, or by the by-laws transferable. of the corporation, that the shares of the members, or of any class of members, in the property of the corporation, shall be transferable, then they shall be transferable accordingly, in the way and subject to the conditions mentioned in the declaration, or in the by-laws of the corporation, if by such declaration such transfers are to be regulated by them. C. S. C., c. 72, s. 18.
What fines may be imposed.
be the ordinary and usual business of a mechanics' institute or of a library association, or both, as the case may be, and no other, but may embrace all things necessary and useful for the proper and convenient carrying on of such business; and their funds and property shall be appropriated and used for purposes legitimately appertaining to such business, and for no other. C. S. C., c. 72, s. 17.
3122. Provision for the dissolution of such corporation may provided for. be made by the declaration, or it may be therein provided, that such provision may be made by the by-laws of the corporation, but no such dissolution shall take place until the liabilities of the corporation are discharged. C. S. C., c. 72, s. 20.
3121. All such shares shall be personal property, and by the declaration or by-laws provision may be made for the forfeiture of the shares in cases to be therein named, or for preventing the transfer thereof to others than persons of some certain description, or resident within some certain locality. C. S. C., c. 72, s. 19.
PENALTIES AND PROSECUTIONS.
3123. Every such corporation may, by its by-laws, impose a fine, not exceeding four dollars, on any member contravening the same, or on any person not being a member of the corporation, who has in writing agreed to obey the by-law for the contravention whereof it is imposed. C. S. C., c. 72, s. 13.
3124. Any such fine, if incurred, and any subscription or other sum of money which any member or other person may have agreed to pay to the corporation, for his subscription to the funds of the corporation for any certain time, or for the loan of any book or instrument, or for the right of entry to the rooms of the corporation, or of attending any lectures or for any other privilege or advantage afforded him by such corporation, may be recovered by the corporation by action in any court having jurisdiction in civil matters to the amount, on allegation and proof of the signature of defendant to some writing by which he has undertaken to pay such subscription, or to obey such by-law, and of the breach of such undertaking, which breach, as regards a promise to pay any
sum of money, shall be presumed until the contrary is shewn, and as regards the contravention of any such by-law, may be proved by the oath of any one credible witness. C. S. C., c. 72, s. 14.
3125. In any action to which the corporation may be a Witnesses. party, any member or officer of the corporation shall be a competent witness. C. S. C., c. 72, s. 15.
3126. A copy of any by-law bearing the signature of the Copies of defendant, or bearing the seal of the corporation, and the signa- by-laws for ture of some person purporting to have affixed such seal by authority of the corporation, shall be prima facie evidence of such by-law. C. S. C., c. 72, s. 15.
INTERPRETATIVE AND DECLARATORY.
3127. The word "justices," in this chapter means "justices of "Justices." the peace;"
The word "magistrate" means judge of the sessions of the "Magpeace, recorder, or district magistrate;
The word "managers" means and includes any person or Managers." persons entrusted with or having the management of any school to which this chapter applies. 32 V., c. 17, s. 2.
3128. A school in which industrial training is provided, "Industrial and in which children are lodged, clothed and fed, as well as school." taught, shall exclusively be deemed an Industrial School within the meaning of this chapter. 32 V., c. 17, s. 3.
ESTABLISHMENT OF INDUSTRIAL SCHOOLS.
3129. The Lieutenant-Governor may, on the application Inspector of the managers of an industrial school, direct the inspector of to examine industrial schools to examine into the conditions of the school, report. and its fitness for the reception of children to be sent there under this chapter, and to report to him thereon, and the inspector shall examine and report accordingly. 32 V., c. 17, s. 5.
3130. If the Lieutenant-Governor be satisfied with the Lieutenant
report of the inspector, the Provincial Secretary shall, by Governor, on writing under his hand, certify that the school is fit for the report, may reception of children to be sent there, and thereupon the school allow a certishall be deemed a certified industrial school. 32 V., c. 17, s. 6.
Notice of grant of certificate. Gazette to be evidence of certificate.
Inspector of schools.
Certified industrial schools to be inspected.
3131. A notice of the grant of each certificate shall within one month be inserted in the Quebec Official Gazette.
A copy of the Gazette containing the notice shall be conclusive evidence of the grant, which may also be proved by the certificate itself, or by an instrument purporting to be a copy of the certificate and to be attested as such by the inspector. 32 V., c. 17, s. 7.
3132. No substantial addition or alteration shall be made to or in the buildings of any certified industrial school without the approval of the Lieutenant-Governor. 32 V., c. 17, s. 9.
3133. Such one of the inspectors of prisons, hospitals and other institutions of this Province, as the Lieutenant-Governor in Council, from time to time, thinks fit to appoint, shall be the inspector of industrial schools.
The Lieutenant-Governor in Council may, from time to time, appoint a fit person to assist the inspector; every person so appointed shall have such of the powers and duties of the inspector of industrial schools as the Lieutenant-Governor from time to time prescribes, but shall act under the direction of the inspector. 32 V., c. 17, s. 4.
3134. Every certified industrial school shall, from time to time, and at least once in each year, be inspected by the of industrial schools, or by a person appointed to inspector assist him as stated in the preceding article. 32 V., c. 17, s. 8.
CONTRIBUTIONS BY MUNICIPALITIES.
Municipal 3135. Any municipal council may, from time to time, concouncils may tribute such sums of money, on such conditions as they such schools. think fit, towards the alteration, enlargement or rebuilding of a certified industrial school, or towards the support of the inmates of such school, or towards the management of such school, or towards the establishment or building of a school, or towards the purchase of land required either for the use of an existing certified industrial school, or for the site of a school intended to be a certified industrial school, provided :
1. That no less than two months' previous notice of the under which intention of such municipal council to take into consideration they may contribute. the making of such contribution, at a time and place to be mentioned in such notice, be given by advertisement in some one or more newspapers, circulated within the district, and also in the manner in which notices relating to business to be transacted by the said council are usually given;
2. That the order for the contribution be made at a special meeting of the council;
3. That where the contribution is for the alteration, enlargement, rebuilding, establishment, or building of a school or intended school, or for purchase of land, the approval of the Lieutenant-Governor be previously given. 32 V., c. 17, s. 10.
3136. In order to obtain the approval of the Lieutenant- Approval of Governor as aforesaid where required, the managers of the Lieutenantschool, or promoters of the intended school, shall forward to how obtained. the Provincial Secretary particulars of the proposed establishment or purchase, and a plan of the proposed alteration, enlargement, rebuilding or building, drawn on such scale, and accompanied by such particulars and estimate of cost, as may be required.
The Lieutenant-Governor may approve of the particulars and plan submitted to him, with or without modification, or may disapprove of the same, and his approval or disapproval shall be certified by the Provincial Secretary. 32 V., c. Î7, s. 11.
CLASS OF CHILDREN TO BE DETAINED.
3137. Two ratepayers of any municipality may cause to be Certain chilbrought before two justices of the peace or a magistrate any twelve may be child under the age of twelve years, who is fatherless or moth- brought erless and whose surviving parent misconducts himself or whose before two justices. parents are criminals condemned to the penitentiary, and who, in either case, is without any means of subsistence, and has no relative legally liable for his support. 47 V., c. 23, s. 1; 51-52 V., c. 40 s. 1.
3138. The justices of the peace or the magistrate before Duty of such whom any such child is brought shall hear the evidence of justices to inquire into such ratepayers, and may, if they think fit, adjourn the hear- facts. ing of witnesses and cause further inquiries to be made.
If the justices of the peace or magistrate be satisfied from Order of justhe evidence that the provisions of the preceding article apply to such child, they may order him to be sent to a certified industrial school. 47 V., c. 23, s. 1.
twelve, of bad
bits may be brought be
3139. When the father or mother, step-father or step- Certain chilmother, tutor or relative of a child under the age of twelve dren, under years, represents on oath to any two justices of the peace or to or vicious haa magistrate, that he is unable to control such child by reason of his bad or vicious habits, and that he desires such child to fore two justibe sent to a certified industrial school, the justices of the ces for the peace or magistrate shall inquire into the facts, and if satisfied purpose of being sent to that it is necessary to place the child in an industrial school, an industrial they may order that he be sent there for the term mentioned school. in the application.