An Act to incorporate the German Society of Montreal

The Act to incorporate the German Society of Montreal is a public act of the Parliament of the Province of Canada, introduced, passed and assented to in the 3rd Session of the 8th Parliament in 1865, the 28th year of the reign of Queen Victoria. The purpose of the legislation to vest the German Society of Montreal, a charitable association founded in 1835 with corporate powers to better achieve its mission.^[1]

The introduction of Bill 53 (A bill to incorporate the German Society of Montreal) followed a petition (Petition 126) by Henry Meyer, Ernest Idler, J. P. Seybold, Gottlieb Reinhard, Christian Beck and David Maysenholder, all officers and members of the German Society in February 1865.

Structure

The Act,^[1] which is consistent with other incorporation acts published in that time period consists of a preamble, followed by nine articles:

1. Certain persons incorporated
2. Management of affairs
3. By-laws continued.
4. Officers
5. Execution of Deeds
6. Corporation may collect subscriptions
7. Allowances made by Corporation not liable to be taken in execution
8. Annual report
9. Public Act

From Bill 53 to the Act to incorporate the German Society

The introduction and adoption of the Act can be tracked through the Journals of the Legislative Assembly^[2] and Council^[3] of the Province of Canada.

• February 17, 1865: Petition presented in Legislative Assembly
• February 20, 1865: Petition presented in Legislative Council
• February 21, 1865: First reading in Legislative Assembly;
• February 22, 1865: Report by Committee on Standing Orders and Private Bills: no public notice required
• March 14, 1865: Second reading in Legislative Assembly; bill referred to Standing Committee on Miscellaneous Private Bills)
• March 15, 1865: Bill received from Committee with amendments
• March 16, 1865: Third reading in Legislative Assembly; bill was passed and carried to Legislative Council
• March 16, 1865: First and Second reading in Legislative Council; bill referred to Committee on Standing Orders and Private Bills: no amendments recommended
• March 16, 1865: Third reading of bill; bill passed by council.
• March 17, 1865: Assembly informed that bill has passed without amendments
• March 18, 1865: Assembly and Council informed that the bill was given Royal Assent by His Excellency the Right Honorable Charles Stanley, Governor General; Act designated at chapter 60 of the 1865 annual statutes (28 Vict.)

Consolidation of Statutes after Confederation

After Canadian Confederation (1867), the powers of the provincial and the federal parliaments were divided. The Commission for the Revision and Consolidation of the General Statutes of the Province of Quebec, found that acts like the German Society's incorporation act fell under provincial jurisdiction and should be considered private acts.^[4]

As a result of the revision of the Statutes of Quebec, the Act to incorporate the German Society of Montreal was listed in Appendix B of acts considered to be acts of private nature, and was thus not consolidated in the Revised Statutes of Quebec.^[5]

Present Situation

The German Society continues to be governed under the provisions of Act (along with its by-laws). In the provincial statutes there has been no mention of the Act since its publication in Volume II of the Revised Statutes of the Province of Quebec in 1888.^[5]

The Act permits the Society to make and amend its by-laws in any way, "as they are not repugnant to the laws of this Province [Canada]" (art. 3).^[1]

References

1. Province of Canada (1865). "An Act to incorporate the German Society of Montreal (Cap. LX)". Statutes of the Province of Canada. pp. 147–148.
2. Province of Canada (1865). Journal of the Legislative Assembly of the Province of Canada.
3. Province of Canada (1865). Journal of the Legislative Council of the Province of Canada.
4. Province of Quebec (1888). Report of the Commission for the Revision and Consolidation of the General Statutes of the Province of Quebec.
5. Province of Quebec (1888). "Appendix B". The Revised Statutes of the Province of Quebec. p. XLIV.