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CHAPTER 60.

An Ordinance respecting Threshers’ Liens.
THE
HE Lieutenant Governor by and with the advice and con-

sent of the Legislative Assembly of the Territories enacts as follows:

Thresher entitled to take grain to secure payment

1. In every case in which any person threshes or causes to be threshed grain of any kind for another person, at or for a fixed price or rate of remuneration, the person who so threshes the said grain, or causes the same to be threshed, shall have a right to a sufficient quantity of such grain for the purpose of securing payment of the said price or remuneration, if such grain is taken at the time when such threshing is finished. No. 2+ of 1895, s. 1.

to be

Quantity and

2. The quantity of grain which may be so retained shall be value of grain a sufficient quantity, computed at the market value thereof at

the nearest market, less two and one-half cents per bushel for hauling the same to and delivering the same at the nearest available market, when sold, to pay for the threshing of all grain threshed by the person taking the grain or by his servants or agents for the owner thereof during that same season. No. 24 of 1895, s. 2.

Lien to have priority

3. The right to retain and remove such quantity of grain shall prevail over all writs of execution against the owner thereof, or chattel mortgages, bills of sale, or conveyances made by him, and over rights of distress for rent reserved upon the land upon which the grain is threshed and the person performing such work of threshing or procuring the same to be done shall be deemed a purchaser for value of the grain which he takes by virtue of this Ordinance. No. 24 of 1895, s. 3.

TITLE VIII.

COMPANIES AND KINDRED INSTITUTIONS.

CHAPTER 61.

An Ordinance respecting the Incorporation of

Joint Stock Companies.

HE Lieutenant Governor hy and with the advice and con

sent of the Legislative Assembly of the Territories enacts as follows:

SHORT TITLE.

66

1. This Ordinance may be cited as dinance." R.O. c. 30, s. 1.

The Companies Or- Short title

INTERPRETATION.

Land

2. In this Ordinance and in all letters patent and supple- Interpretation mentary letters patent issued under it unless the context otherwise declares :

1. The expression “the company" means the company incor- "Company" porated by letters patent under this Ordinance ; 2. The expression “the undertaking” means the business of Under

taking" every kind which the company is authorised to carry on;

3. The expression “ real estate” or “land” includes messuages, “ Real estate" lands, tenements and hereditaments of any tenure and all immovable property of any kind;

4. The expression “shareholder” means every subscriber to “Shareholder" or holder of stock in the company and includes the personal representatives of the shareholder;

5. The word “president” whenever it occurs in the said Or- “ President dinance shall include “chairman ;"

6. The expression “electricity” shall mean electricity sup- "Electricity plied for the purposes of creating light, heat or power or of operating a system of telephones. R.O. c. 30, s. 2 ; No. 17 of 1891-2.

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LETTERS PATENT.

by letters

3. The Lieutenant Governor in Council may by letters Incorporation patent under the seal of the Territories grant a charter to any patent number of persons not less than three who petition therefor constituting such persons and others who thereafter become

shareholders in the company thereby created a body corporate and politic for any of the purposes or objects to which the legislative authority of the Legislative Assembly of the Territories extends. K.O. c. 30, s. 3 ; No. 35 of 1892, s. 6.

Advertisement of application

4. The applicants for such letters patent must advertise by notice published at least once in the official gazette of the Territories and in three consecutive weekly issues of any newspaper published at or nearest the place which is to be the chief business place of the company, their intention to apply for the same stating in such notice :

1. The proposed corporate name of the company, which shall not be that of any other known company, incorporated or unincorporated, or any name liable to be unfairly confounded therewith or otherwise on public grounds objectionable ;

2. The object for which the incorporation is sought;

3. The place within the Territories which is to be its chief place of business;

4. The proposed amount of its capital stock;
5. The number of shares and the amount of each share ;

6. The names in full and the address and calling of each of the applicants, with special mention of the names of not less than three nor more than nine of their number who are to be the first or provisional directors of the company, the majority of whom shall be residents of Canada. R.O. c. 30, s. 4.

Time for petition

5. At any time not more than two months after the last publication of such notice the applicants may petition the Lieutenant Governor through the Territorial secretary for the issue of such letters patent. R.O. c. 30, s. 5; No. 38 of 1897, s. 34 (1)

Contents of petition

6. Such petition shall set forth:
1. The facts contained in the notice ;

2. The amount of stock taken by each applicant and the amount paid in upon the stock of each applicant as also the minner in which the same has been paid in and is held for the company.

R.O. c. 30, s. 6.

Amount of stock to be taken

7. The aggregate of the stock so taken shall be at least the one-half of the total amount of the proposed capital stock of the company. R.O. c. 30, s. 7.

Disposal
of amount
paid up

8. The aggregate paid in on the aggregate stock so taken shall be at least ten per cent. thereof and shall be paid in to the credit of the company or trustees therefor and shall be standing at such crerlit in some chartered bank of Canada unless the object of the company is one requiring that it should own real estate, in which case such aggregate may be taken as paid in if it is bona fide invested in real estate suitable to such object, which is duly held by trustees for the company, and is of the required value over and above all incuinbrances thereon. R.O. c. 30, s. 8.

9. The petition may ask for the embodying in the letters Additional patent of any provision which otherwise under the provisions letters patent hereof might be incorporated in any bylaw of the company when incorporated; and such provision so embodied shall not, unless provision to the contrary is made in the letters patent, be subject to repeal or alteration by bylaw. R.O. c. 30, s. 9.

10. Before the letters patent are issued the applicants must Preliminary establish to the satisfaction of the Territorial secretary or such protters to be other officer as may be charged by the Lieutenant Governor in Council to report thereon, the sufficiency of their notice and petition and the truth and sufficiency of the facts therein set forth and that the proposed name is not the

name of

any

other known incorporated or unincorporated company, and to that end the Territorial secretary or such other officer may take and keep of recorà any requisite evidence in writing under oath, affirmation or solemn declaration. R.O. c. 30, s. 10; No. 38 of 1897, s. 34 (2).

Recitals

11. The letters patent shall recite all the material aver- Letters patent merits of the notice and petition as so established. R.O. c. 30, s. 11.

12. The Lieutenant Governor in Council may give to the Corporate company a corporate name different from that proposed by the nanie applicants in their published notice if the proposed name is objectionable. R.O. c. 30, s. 12.

13. The Lieutenant Governor in Council may restrict such Restriction of

letters patent letters patent after incorporation in any inanner which may after seem desirable. No. 38 of 1897, s. 34 (4).

incorporation

not to avoid

14. The provisions of this Ordinance relating to matters Proliminary preliminary to the issue of letters patent shall be deemed requirements

directory directory only ; and no letters patent issued or which have Irregularities heretofore been issued under this Ordinance or any Ordinance for which this Ordinance either wholly or in part shall have been substituted shall be held void or voidable on account of any irregularity in any prescribed notice or on account of the insufficiency of any such notice or on account of any irregularity in respect of any other matter preliminary to the issue of such letters patent. No. 38 of 1997, s. 34 (4).

grant

15. Notice of the granting of every original letters patent Notice of under the provisions of this Ordinance shall be forth with given fetters patent in the official gazette of the Territories in form A in the schedule to this Ordinance and thereupon from the date of the letters patent the persons therein named and their successors shall be a body politic and corporate by the name mentioned therein. R.O. c. 30, s. 16.

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SUPPLEMENTARY LETTERS GRANTING FURTHER POWERS.

Application for supplementary letters

16. The company may from time to time by a resolution passed by the votes of shareholders representing at least twothirds in value of the subscribed stock of the company at a special general meeting called for the purpose authorise the directors to apply for supplementary letters patent extending the powers of the company to such other purposes or objects within the province of this Ordinance as may be defined in the resolution. R.O. c. 30, s. 17.

Time for petition

17. The directors may at any time within six months after the passing of any such resolution petition the Lieutenant Governor through the Territorial secretary for the issue of such supplementary letters patent. R.O. c. 30, s. 18; No. 38 of 1897, , s. 34 (5).

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Notice of application

18. The applicants for such supplementary letters patent shall give in at least one issue of the official gazette of the Territories and one issue of a local newspaper published at or nearest the chief place of business of the company notice of their intention to apply for the same stating therein the purposes or objects to which it is desired to extend the powers of the company. R.O. c. 30, s. 19.

Preliminary proofs

19. Before such supplementary letters patent are issued the applicants shall establish to the satisfaction of the Territorial secretary or other officer charged to report thereon the due passing of the resolution authorising the application and the sufficiency of their notice and petition; and for that purpose the Territorial secretary or such other officer may cause to be taken and kept of record any requisite evidence in writing by oath or affirmation or by solemn declaration. R.O. c. 30, s. 20; No. 38 of 1897, s. 34 (6).

Grant of supplementary letters

20. Upon due proof so made the Lieutenant Governor in Council may grant supplementary letters patent under the seal

of the Territories extending the powers of the company to all Notice thereof or any of the objects defined in the resolution ; and notice

thereof shall be forthwith given by the Territorial secretary in the official gazette of the Territories in form B in the schedule to this Ordinance and thereupon from the date of the supplementary letters patent the undertaking of the company shall extend to and include the other purposes or objects set out in the supplementary letters patent as fully as if such other purposes or objects were mentioned in the original letters patent; and a copy of every such notice shall forth with be by the company to which the notice relates inserted in at least four separate issues of the newspaper published nearest to where the head office or chief agency is established. R.O. c. 30, s. 21; No. 38 of 1897, s. 34 (7).

Subdivision of shares

INCREASE OR REDUCTION OF CAPITAL, ETC. 21. The directors of the company may at any time make a

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