among themselves or otherwise, a secretary-treasurer and from outside their number an auditor. declaration in 4. The declaration provided in section two of this Act Duplicate shall be in duplicate, and one copy thereof shall be written minute book. and signed on the first page or pages of a book to be kept by the Association for recording the minutes of its proceedings during the first year of its existence, and the other copy thereof shall be written and signed on a sheet or sheets of paper and shall forthwith thereafter be sent by post registered, to the Department of Agriculture, Statistics and Health, and the Minister of Agriculture, Statistics and Health may, after the receipt of the said duplicate of the declaration, and the report Gazette. of the election of officers, cause a notice of the formation of the Association to be inserted in the Manitoba Gazette. Notice in 5. Upon the insertion in the Manitoba Gazette of a notice constituted a of the formation of such Association, it shall become a body body corporate corporate and politic for the object and purpose of the encouragement of dairying in Manitoba and for all purposes connected therewith or relating thereto, and the said Association may acquire and hold, lease, mortgage and alienate property real and personal but only for the purposes of the said Association. able by Sec. 6. The Secretary-Treasurer of the Association shall receive Fees receivfrom the person appointed by the Minister the amount of fees Treas. paid to such person previous to the organization of the Association. accounts. 7. The annual meeting of the Association shall be held on Annual the second Monday in December in each year, at the hour of meeting. one o'clock in the afternoon, at such place as may be decided upon by the directors of the Association. At least one month's previous notice of such meeting, with full particulars as to place and date, shall be given by the Secretary-Treasurer of Notice. the Association, by advertisement in the Manitoba Gazette, and in such newspapers as the directors may select. At such meeting the officers shall present for consideration by the Report and members a full report of the proceedings of the officers and of the Association, giving in detail the names, addresses and subscriptions of all members; the receipts and expenditures for the twelve months ended on the thirtieth day of November previous to the meeting, shown in such form as may be used from time to time by electoral division agricultural societies and duly audited; the names and addresses of all persons to whom prizes are awarded at any exhibition held by the Association during the year covered by the report, the amount of each separate prize and the name of the exhibit to which it was awarded, together with such remarks and suggestions on the state of the dairying industry in the Province as they Election of directors. may be able to offer. The report shall be recorded in the Association's minute book as part of the record of the proceedings. After the consideration of the report and the disposal of business connected with it, the members present who have paid their subscriptions as provided in section two herein, shall appoint from among themselves two scrutineers and shall proceed to elect the board of directors as provided in section three herein. After the receipt and disposal of the report of the scrutineers the members present at the meeting shall elect an auditor. The directors declared to be elected under the provisions of this section, shall, within two weeks after the date of the said meeting, meet and elect from among themselves a president, a first and a second vicepresident and, either from among themselves or otherwise, a secretary-treasurer, and from outside their number an auditor. A certified copy of the minutes of the annual meeting, of the report presented thereat and a list of the officers elected, with their post office addresses, shall be transmitted to the sent to Dept. of Department of Agriculture, Statistics and Health by the A. S. and H. Secretary-Treasurer of the Association within three weeks after the said annual meeting, and in case these particulars are not transmitted the Association shall not receive any portion of any Provincial grant for the year next following the date of the meeting in respect of which the default takes place. Election of officers by directors. Copy of minutes to be By-laws and 8. The directors of the Association may make by-laws and regulations. regulations for the government of the association and the carrying out of its objects, not inconsistent with the provisions of this Act, provided however, that a copy of any such by-law or regulation, duly certified by the Secretary-Treasurer of the Association, shall be transmitted to The Department of Agriculture, Statistics and Health within one week from the date of its passage. Quorum and powers of directors. 9. The directors, a majority of whom shall form a quorum, shall have full power to act for and on behalf of the Association, and all grants of money and other funds of the Association shall be received and expended under their direction, subject nevertheless to the by-laws and the regulations of the Association. In the event of a director or other officer of the Association dying or resigning office, or in any way proving to be disqualified, during the time for which he has been Filling vacan- elected, it shall be the duty of the remaining directors to appoint a person to fill the office for the unexpired term of the person so dying, or resigning, or proving to be disqualified, but in the event of the remaining directors being insufficient to form a quorum, or if for any reason a quorum cannot be obtained, then a person to fill the vacant office shall be elected in the manner hereinafter provided in this section. In the event of any election of any directors or officer of the Associa cies on board. ings for elec tors and tion not being held at the time or place provided for under the authority herein or being for any reason illegal and void, then the persons in office at the time when such election should have been legally held shall continue to be the officers of the Association until their successors are legally appointed and in the event of any such non-election or illegal election, a Special meetspecial meeting of the members of the Association shall be tion of direccalled as soon as practicable thereafter for the election of officers, such meeting to be called by the Minister of Agriculture, Statistics and Health, due notice of which shall be given, and at such meeting the election of such directors or officers shall take place and the persons elected shall thenceforth until their successors are appointed be the directors or officers of the Association. Any officer of the Association absent from two consecutive meetings of the officers of the Association shall be notified of the fact by a registered letter addressed to him by the Secretary-Treasurer of the Association, and unless at a meeting of the directors which shall be held not less than one month after he has been so notified he shall advance good and sufficient reasons for his absence and shall be excused by Forfeiture of resolution adopted by the directors then present, he shall cease office. to be an officer of the Association. sent te Dept. 10. The Secretary-Treasurer of the Association shall, on or Statement of before the fifteenth day of October in each year transmit to receipts to be The Department of Agriculture, Statistics and Health, a state- of A. S. and H. ment, made out in such form as may be used for the then current year by electoral division agricultural societies and verified by solemn declaration, showing in detail the cash receipts of the Association from all sources other than from any grant from the Provincial Treasury, from the first day of October of the year preceding to the thirtieth day of September next thereafter. 11. This Act shall come into force and effect on the first Act in force. day of June, A.D., 1886. An Act to Amend an Act, intituled "An Act respecting Grist Mills and Millers." HERO [Assented to 28th May, 1886.] ER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: 1. Section four of the Act passed in the 46th and 47th 46 and 47 Vic., years of Her Majesty's reign, chaptered 35, intituled " An Act amended. c. 35, sec. 4, fespecting Grist Mills and Millers," is hereby amended by striking out all the words after "shall" in the eighth line thereof, and substituting the following therefor: "on conviction before two justices of the peace incur a penalty of not more than one hundred nor less than twenty dollars, or in default of payment not more than two months or less than ten days' imprisonment." Procedure on 2. The provisions of the Act of the Parliament of Canada informations. respecting the duties of justices of the peace, out of sessions in relation to Summary Convictions and Orders and any Act or Acts amending the same, shall apply to proceedings under this Act. CAP. XXI. Preamble. Short title. Interpretation. "Commissioner." An Act respecting the sale of Intoxicating Liquors, and the Issue of Licenses therefor. e. 24-50v. 4 C, 30- 57 V. [Assented to 28th May, 1886.] Whereas it is desirable to revise and amend the statutes relating to the sale of intoxicating liquors within this province. And whereas it is expedient that provision should be made to insure the collection of a revenue for provincial purposes, THEREFORE H' ER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: 1. This Act may be cited as "The Manitoba Liquor License Act, 1886." 2. In this Act the words and expressions following shall unless such interpretations be repugnant to the subject or inconsistent with the context, be construed as follows: (1.) "Commissioner" means the License Commissioner appointed by the Lieutenant-Governor-in-Council. "District." (2.) "District" means a license district. "Householder" (3.) The word "householder" shall mean the owner or occupant in his own right of a dwelling house, and actually resident on such premises for the space of three months prior to his or her exercising any rights under this Act; house." (4.) The word "dwelling house" shall mean an actual "Dwelling separate dwelling with a separate door for access or ingress to the nearest street; (5.) "Inspector" means the chief inspector or such other "Inspector." inspector as may be appointed under authority of this Act; (6.) "Justice" or "justices" means justice of the peace or "Justice," justices of the peace, (as the case may be); "justices." (7.) "Hotel License" means a license authorizing the holder "Hotel license” thereof to sell and dispose of, under the provisions of this Act, any liquors ; (8.) "Licensee" means a person holding a license under "Licensee.” this Act; (9.) The word "person" shall include every member of a "Person." firm, or the agent of a company or corporation acting for such company or corporation. (10.) "Licensed premises" means the premises in respect of "Licensed which a license under this Act has been granted and is in premises.” force, and shall be construed to mean and extend to every room, closet, cellar, yard, stable, outhouse, shed, or any other place whatsoever of, belonging, or in any manner appertaining to such house or place; (11.) "Liquor" or "liquors" shall be construed to mean and "Liquor." comprehend all spirituous and malt liquors, and all combinations of liquors and drinks and drinkable liquids which are intoxicating; (12.) "Magistrate" means the police magistrate, justice or "Magistrate.” justices of the peace, who may have jurisdiction to entertain a complaint in respect of a contravention of the provisions of this Act; (13.) "Public bar" or "bar" means and includes any room, "Public bar,” passage or lobby in any licensed premises opening immediately to any street, highway, public place or public thoroughfare, and into which the public may enter and purchase liquors, (14.) "Inspector" means an inspector appointed under the "Inspector." provisions of this Act, and shall include the Chief Inspector. retail." (15.) A "sale by retail" means the sale of a quantity not to "Sale by exceed one quart at any one time of ale, beer or porter, or one pint of wine or spirits; (16) The word "cities, towns or rural municipalities means localities incorporated as such. "Cities" towns.' "Rural municipalities." |