Interest on paid up stock Rights of shareholders When no dividend payable Application of proceeds of sale Owner of lot a shareholder Qualification of directors Size of lots owners PROVISIONS AFFECTING COMPANIES. 11. From and out of the proceeds of the sales of burial sites made by the company the company may pay to its shareholders who may not desire to take land in the cemetery to the full extent of the stock subscribed and paid for by them interest on their paid up stock not represented by land in the cemetery at such rate as may be agreed on not exceeding eight per centum per annum and may also repay to such shareholders the amount of paid up stock held by them not represented by land in the cemetery. (2) Every such shareholder of the said company shall be taken to be a shareholder and shall be entitled to all the rights of shareholders in respect of the shares of the capital stock of the company held by him and fully paid up and which are not represented by land in the cemetery until such shares are repaid to him by the company; and upon the repayment to him. of any share he shall cease to be a shareholder in respect of such share. (3) Except as aforesaid no dividend or profit of any kind shall be paid by the company to any member thereof. C. O. 68, s. 11. 12. Subject to the provisions in the preceding section contained one half of the proceeds of all sales of burial sites made by the company shall be first applied to the payment of the purchase money of the land acquired by the company and the residue to preserving, improving and embellishing the land as a cemetery and to the incidental expenses of the company; and after payment of the purchase money the proceeds of all future sales shall be applied to the preservation, improvement and embellishment of the cemetery and to the incidental expenses thereof and to no other purpose whatever. C. O. 68, s. 12. 13. Every proprietor of a lot in the cemetery containing not less than one hundred superficial feet and who has paid twenty-five per cent. or more of the price of the lot shall be deemed a shareholder in the company and every such lot shall be deemed a share in the company. C. O. 68, s. 13. 14. Every shareholder who has paid to the company not less than $5 in all on his share or shares shall be eligible as a director. C. O. 68, s. 14. 15. The company may sell a lot of any size; but no proprietor of a lot containing less than one hundred superficial feet shall thereby become a member of the company or have any vote in the management of the affairs thereof. C. O. 68, s. 15. directors 16. The affairs and property of the company shall be Board of managed by three directors, a majority of whom shall form a quorum. C. O. 68, s. 16. directors 17. The first directors shall be chosen by ballot from among Choice of the subscribers to the instrument creating the company; and thereafter the directors shall be annually elected by the shareholders on the first Monday in June in every year. C. O. 68, s. 17. of to vote 18. Upon every election of directors, including the first, Qualification every shareholder shall be entitled to one vote for every share shareholders he holds or is possessed of up to ten and one vote for every five. shares above ten; but no shareholder shall vote unless he has paid at least $2 upon each share upon which he votes. C. O. 68, s. 18. 19. The directors or a majority of them shall at their first President meeting elect one of their number to be president of the company and the president if present or if he is not present then some director chosen for the occasion shall preside at every meeting of the directors and shall not vote except in case of an equality of votes when he shall have a casting vote. C. O. 68, 8. 19. nonpayment 20. The directors may also call for instalments on the sums Calls on stock subscribed for and may appoint a time for the payment thereof and if the same are not then paid the right of the subscriber Forfeiture for and every instalment formerly paid shall be forfeited and he shall be held not to have subscribed unless the directors think it expedient to remit the forfeiture which they may do if the instalments are paid with interest within one year after the day when they ought to have been paid. C. O. 68, s. 20. 21. The directors shall record in a book kept for the pur- Records pose all their bylaws and proceedings and every shareholder shall have access to such book for the purpose of searching and making extracts therefrom without payment of any fee. C. O. 68, s. 21. reservation 22. The directors may reserve for the exclusive use of any Exclusive religious society or congregation such part of the cemetery and upon such terms and conditions as may be agreed upon. C. O. 68, s. 22. Graves for strangers and poor Walls and fences Repair of property Drains and sewers Penalty for fouling water Suit for penalty Limitation of action Further penalty 23. The company shall furnish graves for strangers and for the poor of all denominations free of charge on the certificate in the latter case of a minister or clergyman of the denomination to which the deceased belonged that the relatives of the deceased are poor and cannot afford to purchase a lot in the cemetery. C. O. 68, s. 23. GENERAL PROVISIONS. 24. The company shall within two years from its incorporation and the trustees shall within two years from their appointment by walls or other fences inclose every part of the cemetery held by them. C. O. 68, s. 24. 25. The company or trustees as the case may be shall keep the cemetery and the buildings and fences thereof in complete repair and in good order and condition. C. O. 68, s. 25. 26. The company or trustees as the case may be shall make all proper and necessary sewers and drains in and about the cemetery for draining it and keeping it dry; and they may from time to time as occasion requires cause any such sewer or drain to open into an existing sewer with the consent in writing of the persons having the management of the street. or road and with the like consent of the owner or occupier of the land through which or part of which the opening is intended to be made doing as little damage as possible to the street, road or land wherein the same is made and restoring it to the same or as good condition as it was in before being disturbed. C. O. 68, s. 26. 27. If the company or trustees as the case may be at any time cause or suffer to be brought to or to flow in any river, spring, well, stream, canal, reservoir, aqueduct, pond or watering place any offensive matter from the cemetery whereby the water is fouled the company or trustees as the case may be shall forfeit for every such offence $500. C. O. 68, s. 27. 28. The said penalty with full costs of suit may by a civil action in any court of competent jurisdiction be recovered by any person having a right to use the water; but the penalty and costs shall not be recoverable unless sued for during the continuance of the offence or within six months after it has ceased. C. O. 68, s. 28. 29. In addition to the penalty of $500 (and whether the same has been recovered or not) any person having a right to use the water may sue the company or trustees as the case may be in a civil action for any damage specially sustained by him by reason of the water being fouled or if no special damage. is alleged then for the sum of $10 for every day during which the offensive matter has continued to be brought or to flow after the expiration of twenty-four hours from the time when the notice of the offence was by such person served upon the company or trustees as the case may be. C. O. 68, s. 29. buildings 30. No body shall be buried in a vault or other space under No grave near any chapel or other building in the cemetery nor within fifteen feet of the outer wall of any such chapel or building. C. O. 68, s. 30. Proper conduct of 31. The company or trustees as the case may be shall make regulations to ensure all burials within the cemetery being funerals conducted in a decent and solemn manner. C. O. 68, s. 31. 32. The real estate of the company or trustees and the lots Exemption or plots when conveyed by the company or trustees to indi- from taxes vidual proprietors for burial sites shall be exempt from taxa tion of any kind and shall not be liable to be seized or sold under execution. C. O. 68, s. 32. 33. The directors of the company may pass bylaws and the Bylaws trustees may frame regulations for the laying out, selling and management of the cemetery and for regulating the erection of tombs, monuments and gravestones therein; and the directors of the company may pass bylaws empowering the president to execute conveyances of plots to shareholders. C. O. 68, s. 33. regulations 34. The directors shall keep a record of the bylaws and the Record of trustees shall keep a record of the regulations referred to in and burials the next preceding section and the directors and trustees respectively shall also keep a separate record of all burials showing name, age, occupation and date of burial of all persons buried within the cemetery and in case they cannot get all the particulars a note of such must be made in the margin and every person shall have access to such last mentioned record for the purpose of searching and making extracts therefrom without payment of any fee. C. O. 68, s. 34. 35. Any person who in a cemetery established under this Pohalties Ordinance: (a) Plays any game or sport; or (b) Discharges fire arms (save at a military funeral) ; or who (c) Commits a nuisance therein; Liability of trustees shall on summary conviction thereof be liable to a fine not exceeding $100 and costs of prosecution. C. O. 68, s. 35. 36. The trustees shall be personally liable for any judgment. recovered against them as trustees. C. O. 68, s. 36. CHATTEL MORTGAGES. CHEESE. See DAIRY. ASSOCIATIONS. CHANGING NAMES OF COMPANIES. CHEMISTS AND DRUGGISTS. See PHARMACEUTICAL ASSOCIATIONS. CHILDREN. See ILLEGITIMATE. INFANTS. INSURANCE. SUPPORT OF ILLEGITIMATE CHILDREN. CHIMNEYS. See CONSTRUCTION OF CHIMNEYS. CHURCH LANDS. See REAL PROPERTY. C.O. 1898, c. 41 15 March, 1899 Assignment of debts and choses in action CHOSES IN ACTION. An Ordinance respecting Choses in Action. THE HE Lieutennt Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows: 1. Every debt and any chose in action arising out of contract shall be assignable at law by any form of writing which shall contain apt words in that behalf but subject to such conditions and restrictions in respect to the right of transfer as may appertain to the original debt or as may be connected with or be contained in the original contract and the assignee |