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Liability of

wages.

"Limited Liability" are not distinctly written or printed after the name of the Company where first occurring in such contract or undertaking.

49. The Directors of the Company shall be jointly and severally Directors for liable to the laborers, servants and apprentices thereof, for all debts, not exceeding one year's wages, due for services performed for the Company whilst they are such Directors respectively; but no Director shall be liable to an action therefor, unless the Company has been sued therefor within one year after the debt became due, nor yet unless such Director is sued therefor within from the time when he ceased to be such Director, nor yet before an execution against the Company has been returned unsatisfied in whole or in part; and the amount due on such execution shall be the amount recoverable with costs against the Directors.

Service of

Company.

one year

50. Service of all manner of summons or writ whatever upon process on the the Company, may be made by leaving a copy thereof at the office or chief place of business of the Company, with any grown person in charge thereof, or elsewhere with the President or Secretary thereof; or if the Company have no known office or chief place of business, and have no known President or Secretary, then, upon return to that effect duly made, the Court shall order such publication as it may deem requisite to be made in the premises, for at least one month, in at least one newspaper; and such publication shall be held to be due service upon the Company.

Actions

51. Any description of action may be prosecuted and maintained between Com- between the Company and any Shareholder thereof; and no Shareholder, not being himself a party to such suit, shall be incompetent as a witness therein.

pany and shareholders.

Mode of incor

poration, &c., forth in legal

how to be set

proceedings.

Forfeiture of

charter for

non-user.

52. In any action or other legal proceeding, it shall not be requisite to set forth the mode of incorporation of the Company, otherwise than by mention of it under its corporate name, as incorporated by virtue of letters patent,-or of letters patent and supplementary letters patent, as the case may be,-under this Act; and the notice in the Canada Gazette, of the issue thereof, shall be prima facie proof of all things thereby declared; and on production of the letters patent or supplementary letters patent themselves, or of any exemplification or copy thereof under the great seal, the fact of such notice shall be presumed; and, save only in any proceeding by scire facias or otherwise, for direct impeachment thereof, the letters patent or supplementary letters patent themselves, or any exemplification or copy thereof under the great seal, shall be conclusive proof of every matter and thing therein set forth.

53. The charter of the Company shall be forfeited by nonused during three consecutive years at any one time, or if the

Company

Company do not go into actual operation within three years after it is granted; and no declaration of such forfeiture by any Act of Parliament shall be deemed an infringement of such charter.

54. The Company shall be subject to such further and other Future legisprovisions as Parliament may hereafter deem expedient.

lation.

be fixed by

55. The Governor in Council may from time to time Foss on letters establish, alter, and regulate the tariff of the fees to be paid patent, &c., to on applications for letters patent and supplementary letters patent order in Coununder this Act, may designate the department or departments cil. through which the issue thereof shall take place, and may prescribe the forms of proceeding and record in respect thereof, and all other matters requisite for carrying out the objects of this Act:

2. Such fees may be made to vary in amount, under any rule or rules, as to nature of Company, amount of capital, and otherwise, that may be deemed expedient;

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3. No step shall be taken in any Department towards the issue of any letters patent or supplementary letters patent under this Act, until after the amount of all fees therefor shall have been duly paid.

63.

56. The Act chapter sixty-three of the consolidated statutes Acts repealed. of Canada, intituled: "An Act respecting joint stock Companies Con. Stat. c. for manufacturing, mining, mechanical, chemical or other purposes, or for the erection of public hotels or baths and bath-houses, or the opening and using of salt or mineral springs, or for carrying on fishing," the Act chapter thirty-one of the statutes of the late Province of Canada passed in the twenty-third year of Her Majesty's reign, and intituled: "An Act respecting the judicial Can. 23 V., incorporation of Joint Stock Companies for certain purposes,”— c. 31. and the Act chapter twenty-three of the statutes of the said late Province passed in the session held in the twenty-seventh and twenty-eighth years of Her Majesty's reign, and intituled: "An Can. 27-28 V., Act to authorize the granting of charters of incorporation to manufacturing, mining and other companies,"-and all Acts extending or amending the same, or any of them, and sections one to seven both inclusive and sections ten, eleven, twelve and thirteen, of chapter sixty-seven of the Consolidated Statutes of Canada, intituled: "An Act respecting Telegraph Companies," Part of Con. are hereby repealed in so far as regards the formation of incorporation hereafter, in virtue of any of the provisions thereof, of any company whatever, the incorporation of which is subject to the control of the Parliament of Canada :

c. 23.

Stat. Can., c.

67.

2. But every such Company heretofore incorporated by virtue Existing Comof any of such Acts, shall so remain,and no provision of such Acts main.

shall

Pending applications

for charters.

Winding up

32-33 VICT. shall, as touching any such Company, be in anywise affected by this Act;

3. And every application for the incorporation of any Company, the incorporation of which is subject to the control of the Parliament of Canada,-pending at the time of the passing of this Act under the said Act passed in the twenty-third year of Her Majesty's reign or under the said Act chapter twenty-three of the Acts passed in the session held in the twenty-seventh and twenty-eighth years of Her Majesty's reign,-may be proceeded with, and incorporation by judicial decree or letters patent (as the case may be) may be obtained in virtue thereof, as though this Act had not been passed.

57. The Company shall be subject to the provisions of any Acts to apply. Act of this or any future Session, for the winding up of Joint Stock Companies.

SCHEDULE A.

Public notice is hereby given, that under the Canada Joint Stock Companies Letters Patent Act, 1869, letters patent have been issued under the great seal of the Dominion of Canada bearing date the day of incorporating [here state names, address and calling, of each corporator named in the letters patent], for the purpose of [here state the undertaking of the company, as set forth in the letters patent], by the name of [here state name of the company, as in the letters patent] with a total capital stock of dollars, divided into shares of

dollars each.

Dated at the office of the Secretary of State of Canada, this day of

A. B.

Secretary.

SCHEDULE B.

Public notice is hereby given, that under the Canada Joint Stock Companies Letters Patent Act 1869, supplementary letters patent have been this day issued under the great seal of the Dominion of Canada, bearing date the day of whereby the total capital stock of [here state the name of the Company] is increased [or decreased, as the case may be] from

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Dated at the office of the Secretary of State of Canada, this

day of

A. B.

CAP.

CAP. XIV.

An Act to amend chapter sixty-seven of the Consolidated
Statutes of Canada, intituled "An Act respecting
Electric Telegraph Companies,"

W

[Assented to 22nd June, 1869.]

HEREAS it is expedient to amend chapter sixty-seven of Preamble. the Consolidated Statutes of Canada, intituled: "An Act respecting Electric Telegraph Companies," so as to enable any Electric Telegraph Company, incorporated under that Act, to alter the route or routes of their lines of Telegraph, when that may be found expedient: Therefor, Her Majesty by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

under what

from its

1. Any Electric Telegraph Company incorporated under the How and chapter sixty-seven of the Consolidated Statutes of Canada, may, circumstances when from physical causes it shall become necessary, diverge from a Company the particular line designated in the certificate mentioned in the may diverge said Act; provided always, that the Directors of the said Company original lineshall first under their hands and the seal of the said Company, execute in the form and subject to the like requirements as in the original, an amended certificate designating the deviations to be substituted for any part of the route or routes mentioned in the original certificate; such amended certificate shall be acknowledged before a Notary, and the original or a copy thereof certified by such Notary, shall be filed in the office of the Secretary of State of Canada, and the fifth section of the said Act shall apply to this amended certificate as well as to the original certificate.

CAP. XV.

An Act to avoid the necessity of having Documents engrossed on Parchment.

[Assented to 22nd June, 1869.]

FOR

NOR avoiding the inconvenience and expense attending the Preamble. engrossing of public documents on parchment: Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. It shall not be necessary that any Commission or other Public docupublic document under the Great Seal of Canada, or under the ments of the Privy Seal of the Governor General, or any Letters Patent of the need not be Dominion, on parchment.

6

Dominion

Preamblo

Application of

Act.

terim Assignee

Dominion, or any public writ, deed or other document thereof, signed, sealed or executed after the passing of this Act, or any portion of any such document, should be on parchment, but the same being written or printed wholly or in part on paper, shall be as valid in all respects as if written or printed on parchment;any law, usage or custom to the contrary notwithstanding;-but nothing herein contained shall be construed as declaring that it was necessary to the validity of any such document signed, sealed or executed before the passing of this Act, that such document or any part thereof should be on parchment.

W

CAP. XVI.

An Act respecting Insolvency,

[Assented to 22nd June, 1869.]

HEREAS it is expedient that the Acts respecting Bankruptcy and Insolvency in the several Provinces of Ontario, Quebec, New Brunswick and Nova Scotia, be amended and consolidated, and the Law on those subjects assimilated in the several Provinces of the Dominion: Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. This Act shall apply to traders only.

OF VOLUNTARY ASSIGNMENTS.

Assignment to 2. Any debtor unable to meet his engagements, and desirous of be made to In-making an assignment of his estate, and any debtor who is required to make an assignment, as hereinafter provided, shall make an assignment of his estate and effects to any official assignee resident within the county or place wherein the Insolvent has his domicile; or if there be no official assignee therein then to an official assignee in the county or place nearest to the domicile of the Insolvent wherein an official assignee has been appointed, and the official assignee to whom such assignment is made shall be known as the Interim Assignee; and forthwith upon the execution of the deed of assignment to him, a meeting ereditors to be of the creditors of the Insolvent for the appointment of an assignee, shall be called by the interim assignee to be held at the place of business of the Insolvent within a period not exceeding three weeks from the execution of the deed of assignment.

Meeting of

culled.

Calling of

proceedings thereat

3. Such meeting shall be called by advertisement (Form A), meeting and and previous to such meeting the interim assignee shall prepare, and shall then exhibit, statements showing the position of the affairs of the Insolvent, and particularly a schedule (Form B), containing the names and residence of all his creditors, and the

amount

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