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CAP. LXVII.

Preamble.

An Act to incorporate the Trustees of The Hamilton
Orphan Asylum.

[10th November, 1852.]*

HEREAS an Association has been formed in the City of Hamilton for the purpose, among others, of providing for the destitute Orphans of the said City; and whereas certain members of the said Association, and others interested in its welfare, have by their petition represented that the said Association would be rendered more efficient by giving to it the character of a Corporation: 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 of 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 John sons incorpo- Fisher, Edward Jackson, John Young, E. C. Thomas, M. Aikman, J. B. Dayfoot, Sir Allan N. MacNab, and all others who may from time to time be elected to succeed them as Trustees in the manner hereinafter mentioned, shall be and they are hereby nominated and constituted a body politic and corporate by the name and style of The Trustees of the Hamilton Orphan Asylum.

Certain per

rated.

Corporate

name.

Corporate powers.

Quorum of
Trustees.

II. And be it enacted, That the said Corporation shall have perpetual succession, and may have a common seal with power to break, change and renew the same, when and as often as they shall think proper; and may, under the same name, contract and be contracted with, sue and be sued, implead and be impleaded, prosecute and be prosecuted, in all Courts and places whatsoever in this Province; and that, by the same name, they, the said Trustees, and their successors, from time to time and at all times hereafter, shall be able and capable to have, take, receive, purchase and acquire, hold, possess, enjoy and maintain, to and for the use of the said Corporation, all lands and property, moveable and immoyeable, which may hereafter be sold, ceded, exchanged, given, bequeathed, devised or granted to the said Corporation, and to sell, alienate, convey or lease the same, if need be; provided that the annual income to be derived from such property shall not exceed the sum of fifteen hundred pounds: and the said Corporation shall enjoy all the rights and privileges enjoyed by other bodies politic and corporate recognized by the Legislature..

III. And be it enacted, That no act done by the said Trustees shall be valid and effectual unless four of such Trustees, at the least, shall be present, and the major part of them consent thereto.

IV. And be it enacted, That the said Trustees shall fill up Trustees to fill all vacancies which may occur in their body, when and as vacancies in their body. often as the same shall happen, whether by resignation, absence for twelve months from the City, neglecting to attend to any of the business of the Corporation for six consecutive months, when not absent from the City, or by death.

V. And be it enacted, That the subscribers to the said Insti- Who may be tution shall consist of females only; the amount of their sub- subscribers. scriptions, and the conditions thereof, to be determined, in the first place, by the persons now acting as the Committee or Board of Management, and hereafter, from time to time, by the Ladies' Committee of Management hereinafter named.

VI. And be it enacted, That the said Trustees shall keep, or List of subcause to be kept, in a book to be opened for that purpose, a list scribers to be of all subscribers to the said Institution, and that a meeting of kept. such subscribers shall be held within three months after the passing of this Act, also annually, at a period to be fixed at such first meeting, of the time and place of which meetings the Committee of Management hereinafter named, for the time being, shall give due notice in some newspaper published in the City of Hamilton; Provided always, that if from any cause Proviso. such meeting shall not take place at the time so appointed, such meetings may be called as aforesaid at any subsequent time.

mittee of man

agement.

VII. And be it enacted, That at the said first meeting, and at Ladies' Comeach of the future annual meetings, the subscribers then present shall elect from among the subscribers a Ladies' Committee of Management, which shall consist of a President, two or more Vice-Presidents, a Treasurer and Secretary or Secretaries, and such other persons as the subscribers present at such meeting may appoint to the number, in all, of fifteen persons, five of whom shall be a quorum, and who shall continue in office until their successors are appointed.

management.

VIII. And be it enacted, That the Ladies' Committee of Powers of Management shall have full power to frame and establish such Committee of By-laws, Orders and Regulations, (not being contrary to the laws of this Province or to this Act,) as they shall deem useful or necessary for the conduct or government of the Institution; and from time to time to alter, repeal and change the said By-laws, Orders and Regulations, or any of them.

Committee of

IX. And be it enacted, That the said Ladies' Committee of Duties of Management shall, and may send out to service, and appren- managementtice thereto, or to any healthy trade or business, all youths, youths may male or female, having the protection or aid of the said Insti- be apprentution, to such person or persons, and upon such terms, as to the said Ladies' Committee of Management may seem fit and proper; and for that purpose shall have power, on behalf of

and

tices.

and for such youths and themselves, to enter into and make with any person or persons with whom such youths may be placed by the said Ladies' Committee of Management, articles of apprenticeship and agreement and that such articles of agreement may be enforced as well by action at law or in equity for breach thereof warranting any such action, as by summary application to a Magistrate or Justice of the Peace, (who is hereby authorized and empowered to act thereon,) on any such occasion as would, according to the laws of this Province, warrant the interference or adjudication of any one or more Justice or Justices of the Peace in disputes between Proviso as to masters and apprentices: Provided always, that a copy of the articles or indenture apprenticing such youth shall, within three days from the time when such articles or indenture were executed, be lodged with the Clerk of the Common Council of the City of Hamilton, who is hereby required to file such copies.

indentures.

Members of

X. And be it enacted, That the persons now acting as the Committee to Committee or Board of Management of the said Institution, be Managers shall have the like powers and be considered as Managers of the Corporation, until such time as Managers shall be appointed under the provisions of this Act.

of Corporation.

Benevolent Society and House of In

dustry may be

established.

General meetings.

Committee of

XI. And be it enacted, That the Ladies' Committee of Management shall have power to establish, in connection with the said Institution, a Benevolent Society and House of Industry, for the purpose of visiting and relieving the sick and destitute poor, and may frame By-laws and Rules for the management and government of the said Society.

XII. And be it enacted, That the said Trustees, on a requisition signed by not less than five subscribers to the Institution, may, at any time, by a notice to be inserted not less than eight days previously, in one or more of the newspapers published in the City of Hamilton, call a general meeting of the subscribers to the Institution, specifying the hour, day, place and object of the said meeting; and the said subscribers, or the majority of them present at any such meeting, shall have full power to alter, suspend or revoke any By-laws, Orders or Regulations, for the management of the said Institution, after notice of any motion for any such alteration, suspension or revocation shall have been given at the general meeting next preceding that at which such motion shall be made and considered.

XIII. And be it enacted, That the Ladies' Committee of Management Management shall have power to appoint such officers and to appoint Officers, &c. servants of the said Corporation as shall be necessary for the conduct and management of the Institution, and to allow them such compensation for their respective services as shall be reasonable.

laws.

XIV. And be it enacted, That should the subscribers, or the Trustees may Ladies' Committee of Management, neglect or fail to make revoke Bysuch By-laws, Rules or Regulations as may be necessary for the due government of the said Institution, or should such By-laws, Rules or Regulations, or any of them, be disapproved by the Trustees, or a majority of them, then and in every such case the Trustees shall have full power to make the same, and to alter or revoke any of the existing By-laws, Rules or Regulations.

act without

XV. And be it enacted, That it shall not be necessary to the Married validity of any act performed by any married woman as a women may member of the said Ladies' Committee of Management, or as their husa subscriber to the said Corporation, that she be thereunto bands. specially authorized by her husband, or that her husband join with her, any law, usage or custom to the contrary notwithstanding.

XVI. And be it enacted, That the said Corporation shall be Annual Rebound to make Annual Returns to the Governor or person turns. administering the Government of this Province, for the time being, shewing the amount of their receipts and expenditure during the last preceding year, and of the real and personal estate held and enjoyed by the said Corporation.

XVII. And be it enacted, That this Act shall be a Public Public Act. Act.

CAP. LXVIII.

An Act to amend the Act extending the powers of The
British America Fire and Life Assurance Company,

in Marine Assurance.

[10th November, 1852.]

THEREAS by the Act passed in the Session held in the Preamble. fourteenth and fifteenth years of Her Majesty's Reign,

and intituled, An Act to extend the powers of the British Ame- 14 & 15 Vict. rica Fire and Life Assurance Company in Marine Assurance, c. 40. and to reduce the number of the Directors of the said Company, the powers of The British America Fire and Life Assurance Company to effect Marine Assurances were extended to seagoing risks to and from Foreign Ports as well as the Ports of this Province, but no alteration was by the said Act made in the manner of granting policies therefor; And whereas all Policies of Assurance granted by the said Company must, under the provisions of the Act incorporating the said Company, and the subsequent Acts amending the same, be under the seal of the said Company, and signed by the Governor or Deputy Governor, the Managing Director and any two of the Trustees of the said Company, and in order to enable the said Company effectually to use the extended powers so conferred, it will be

necessary

Company may appoint Agents.

Validity of
Policies exe-
cuted by
Agents.

Act of 3 W. 4 repealed.

Company

may insure with other Companies against risks

incurred.

necessary to make provision for the granting of policies by their agents: 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 of 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 from and after the passing of this Act, it shall and may be lawful to and for the said The British America Fire and Life Assurance Company, to appoint under the corporate seal of the Company, resident agents at any port or place within the Province of Canada or elsewhere, for the purpose of effecting at such ports or places, Marine Assurances upon ships, freights and cargoes, and assurances upon lives, or assurances against losses by fire on buildings and property, subject to such conditions, restrictions and provisoes as the said Company shall from time to time establish and impose.

II. And be it enacted, That it shall and may be lawful for each and every of the said agents so appointed, to subscribe for, grant and execute Policies of Assurance on ships, freights and cargoes, and assurances upon lives, or assurances against losses by fire on buildings and property, in the name of the said Company, subject to all the conditions, provisoes and restrictions established and imposed by the said Company; and that each and every of the said policies so subscribed for, granted and executed by such agent or agents under his or their seals, as the Attorney or Attorneys of the said Company, shall be as binding upon the said Company in every respect as if the same had been sealed with the corporate seal of the said Company, and signed by the officers of the said Company hereinbefore mentioned, as acquired by the several Acts of Parliament affecting the said Company; any thing in the said several Acts contained to the contrary notwithstanding.

III. And be it enacted, That so much of the first section of the Act of the Parliament of the late Province of Upper Canada, passed in the third year of the Reign of King William the Fourth, and intituled, An Act to incorporate a Company under the style and title of the 'British America Fire and Life Assurance Company,' as limits the existence of the said Company until the third day of November, one thousand eight hundred and eighty-two, be, and the same is hereby repealed.

IV. And be it enacted, That it shall always be lawful for the said Corporation to cause themselves to be insured against any loss or risk they may have incurred in the course of their business, or to insure any other Assurance Company against any loss or risk which such other Company may have incurred in the course of their business; and that it shall be lawful for

the

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