Lapas attēli

evidence for all purposes as if the original instrument were produced and also as prima facie evidence of the execution of the original instrument according to the purport of such copy. And the clerk's certificate shall also be prima fucie evidence of the date and hour of registration or filing. No. 39 of 1897, s. 9.

10. The registration clerk shall be entitled to charge a fee Registration of 25 cents for each registration; 10 cents for each search 10 cents per 100 words for copies of documents and 25 cents for each certificate. No. 39 of 1897, s. 10.

[ocr errors]



An Ordinance Respecting Partnerships.

HE Lieutenant Governor by and with the advice and con

as follows:


certain cases

Declaration of 1. All persons associated in partnership for trading, manuto be filed in facturing or mining purposes in the Territories shall cause to be

filed in the office of the registration clerk of the registration district for registration of chattel mortgages and other transfers of personal property in the Territories in which they carry on or intend to carry on business a declaration in writing sign

ed by the several members of such partnership: Where parties

Provided however that if any of the said members be absent from the place where they carry on or intend to carry on business at the tiine of making such declaration then such declaration shall be signed by the members present, in their own names and also for their absent co-members under their special authority to that effect; such special authority to be at the same time filed with the said registration clerk and annexed to such declaration. R.O, c. 46, s. 1; No. 7 of 1893, ss. 1, 2; No. 19 of 1898, s. 1.


Contents of declaration

2. Such declaration shall be in the form A in the schedule to this Ordinance and shall contain the names, surnames, additions and residences of each and every partner or associate as aforesaid and the name, style or firmn under which they carry on or intend to carry on such business and stating also the time during which the partnership has existed and is to exist also declaring that the persons therein named are the only members of such copartnership or association. R.O. c. 46, s. 2.


3. Such declaration shall be filed within six months next Time for filing declaration after the formation of any such partnership and a similar deChanges

claration shall in like manner be filed when and so often as any change or alteration of partnership takes place in the meinbership of such partnership or in the name, style or firm under which they intend to carry on business or in the place of residence of each member of said tirm and every new declaration shall state the alteration in the partnership. R.O. c. 46, s. 3.


Individual using trade name

4. Every person engaged in business for trading, manufacturing or mining purposes and who is not associated in partnership with any other person or persons but who uses as his business style some name or designation other than his own name or who in such business uses his own name with the addition of " and company” or some other word or phrase indicating a plurality of members in the firm shall cause to be filed as aforesaid a declaration of the fact in writing signed by such person. R.O. c. 46, s. 4; No. 7 of 1893, s. 2; No. 19 of 1898, s. 1.

5. The declaration last aforesaid shall contain the name, sur- Contents of name, addition and residence of the person making the same declaration and the name, style or firm under which he carries on or intends to carry on business and shall also state that no other person is associated with him in partnership and the same shall be filed within six months of the time when such style is tirst used, R.O. c. 46, s. 5.



6. It shall be the duty of the registration clerk aforesaid to Registration keep two alphabetical index books of all declarations of copartnership filed in his office in pursuance of the provisions hereof. R.O. c 46, s. 6; No. 7 of 1893, s. 2; No. 19 of 1898, s. 1.


[ocr errors]

7. In one of such books, hereinafter called the “firm index"Firm index hook," the registration clerk shall enter in alphabetical order book the style of the respective firms in respect of which declarations have been filed in his office, and shall place opposite each entry the names of the person or persons composing such firm, ard the date of the receipt by him of the declaration in the manner shown in form B in the schedule to this Ordinance. R.O.c. 46, s. 7; No. 7 of 1893 s. 2; No. 19 of 1898, s. 1.

8. In the second of such books, hereinafter called the “Indi- "Individual vidual index book," the said registration clerk shall enter in index book" alphabetical order the names of the respective members of each of such firms and shall place opposite such entry the style of the firm of which such person is a member and the date of the receipt of the declaration in the manner shown in form C in the schedule to this Ordinance. R.O. c. 46, s. 8; No. 7 of 1893, s. 2.


9. Each and every member of any partnership or other per- Failure to sons required to register a declaration under the provisions of comply with this Ordinance who fails to comply with the requirements aforesaid shall forfeit the sum of one hundred dollars to be re- Penalty covered before any court of competent jurisdiction by any person suing as well on his own behalf as on behalf of Her Majesty; and half of such penalty shall belong to the general revenue fund of the Territories and the other half to the party suing for the same unless the suit be brought as it may be by the attorney general on behalf of Her Majesty only, in which case the whole of the penalty shall belong to the Territories aforesaid. R.O. c. 46, s. 9; No. 38 of 1897, s. 23.


Binding effect

10. The allegations made in the declaration aforesaid canof declaration not be controverted by any person who has signed the same

nor can they be controverted as agninst any party not being a
partner by a person who has not signed the same but who was
really a member of the partnership therein mentioned at the
time such declaration was made. R.O. c. 46, s. 10.

Liability of persons signing declaration Failure to declare does


11. Until a new declaration is made and filed I y him or by his copartners or any of them as aforesaid no such signer shall be deemed to have ceased to be a partner ; but nothing herein

contained shall exempt from liability any person who being a from liability partner fails to declare the same as already provided and such

person may notwithstanding such omission be sued jointly with
the partners mentioned in the declaration or they may be sued
alone and if judgment is recovered against them any other
partner or partners may be sued jointly or severally in an

action on the original cause of action upon which such judgPartners' ment was rendered nor shall anything in this Ordinance be rights inter se construed to atfect the rights of any partners with regard to

each other except that no such declaration as aforesaid shall be
controverted by any signer thereof. R.O. c. 46, s. 11.


Declaration of dissolution

12. Upon the dissolution of any partnership any or all of the persons who compose such partnership may sign and file a declaration certifying the dissolution of the partnership in the form D in the schedule to this Ordinance. R.O. c. 46, s. 12; No. 19 of 1898, s. 1.

[ocr errors]


13. The said registration clerk shall be entitled for filing a
declaration under this Ordinance to a fee of fifty cents and for
searches made in each of such books the following fees and no
more :
For searching in the firm index book, each firm.. SO 10
For searching in the individual index book, each name.


10 For each certiticate, when required. ...

25 R.O. c. 46, s. 13; No. 7 of 1893, s. 2.







(occupation) and

of (occupation) hereby certify : 1. That we have carried on and intend to carry on trade and business as


in partnership under the name and firm of

(Or I or we) the undersigned of in

hereby certify that I (or we) have carried on and intend to carry on trade and business as

in partnership with of


(as the case may be.) 2. That the said partnership has subsisted since the day of

one thousand 3. And that we (or I or we) and the said

and are and have been since the said day the only members of the said partnership. Witness our hands at

this one thousand

day of



Style of firm.

Names of persons com- Date of filing posing the firm and their

declaration. residences.

John Smith & Co... John Smith, Moose Jaw . 15 Sept., 1889.

Edward Ives, Regina.... James Abbott & Son. James Abbott, Calgary.. 10 Sept., 1889.

George Abbott, Calgary Bernard & Johnson . Arthur Bernard, Troy... 1 March, 1889.

Alexander Johnson, I'roy.

« iepriekšējāTurpināt »