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When no dividend payable
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. R.O. c. 24, s. 17.
Application of proceeds of sale
12. Subject to the provisions in the preceding section contained one half of the proceeils of all sales of burial sites made hy 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. R.O. c. 24, s. 18.
Owner of lot
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. R.O. c. 24, s. 19.
Qualification of directors
14. Every shareholder who has paid to the company not less than $3 in all on his share or shares shall be eligible as a director. R.(). c. 24, s. 20; No. 23 of 1896, s. 4.
Size of lots Rights of owners
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. R.O. c. 24, s. 21.
Board of directors
16. The atlairs and property of the company shall be managed by three directors, a majority of whom shall form a quorum. R.O. c. 24, s. 22; No. 23 of 1896, s. 5.
Choice of directors
17. The first directors shall be chosen by ballot from among 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. R.O. c. 24,
18. I'pon every election of directors, including the first, shareholders every shareholder shall be entitled to one vote for every share
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. R.O. c. 24, s. 24.
19. The directors or a majority of them shall at their first 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. R.O. c. 24, s. 25.
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 nonpayment 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. R.O. C. 24, s. 28.
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 therefroin, without payment of any fee. R.O. c. 24, s. 27; No. 23 of 1896, s. 6.
22. The directors may reserve for the exclusive use of any Exclusive religious society or congregation such part of the cemetery and reservation upon such terms and conditions as may be agreed upon. No. 23 of 1896, s. 8.
23. The company shall furnish graves for strangers and Graves for for the poor of all denominations free of charge on the certi- and poor ficate, 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. R.O. c. 24, s. 13.
24. The company shall within two years from its incorpora- Walls and tion and the trustees shall within two years from their appointment by walls or other fences inclose every part of the cemetery held by them. R.O. c. 24, s. 5; No. 5 of 1892, s. 4.
25. The company or trustees as the case may be shall keep Repair of the cemetery and the buildings and fences thereof in complete property repair and in good order and condition. R.O. c. 24, s. 6, No. 5 of 1892, s. 5.
26. The company or trustees as the case may be shall Drains and make all
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 dimage 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. R.O. c. 24, s. 7 ; No. 5 of 1892, s. 6.
Penalty for fouling water
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 S500. R.O. c. 24, s. 8; No. 5 of 1892, s. 7.
Suit for penalty
Limitation of action
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. R.Q. c. 24, s. 9: No. 5 of 1892, s. 8.
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. R.O. c. 24, s. 10 ; No. 5 of 1892, s. 9.
No grave near 30. No body shall be buried in a vault or other space under buildings
any chapel or other building in the cemetery nor within fifteen feet of the outer wall of any such chapel or building.
R.O. c. 24, s. 11; No. 5 of 1892, s. 10.
Proper conduct of funerals
31. The company or trustees as the case may be shall make regulations to ensure all burials within the cemetery being conducted in a decent and solemn manner. R.O. c. 24, s. 12; No. 5 of 1892, s. 11.
Exemption from taxes
32. The real estate of the company or trustees and the lots or plots when conveyed by the company or trustees to individual proprietors for burial sites shall be exempt from taxation of any kind and shall not be liable to be seized or sold under execution. R.O. c. 24, s. 14; No. 5 of 1892, s. 12.
33. The directors of the company may pass bylaws and the 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. R.O. c. 24, s. 26 ; No. 5 of 1892, s. 15.
Record of regulations and burials
34. The directors shall keep a record of the bylaw's and the trustees shall keep a record of the regulations referred to in 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. No. 5 of 1892, s. 16.
35. Any person who in a cemetery established under this Penalties Ordinance :
(a) Plays any game or sport ; or
36. The trustees shall be personally liable for any judgment Liability of recovered against them as trustees. No. 5 of 1892, s. 17.
An Ordinance respecting Agricultural Societies.
THE Lieutenant Governor by and with the advice and con
sent of the Legislative Assembly of the Territories enacts as follows:
1. This Ordinance may be cited as “ The Agricultural Societies Ordinance." No. 20 of 1892, s. 1.
Organisation of societies
2. An agricultural society shall be held to be oryanised under the provisions of this Ordinance whenever fifty persons over eighteen years of age have signed a declaration naming a place where the meetings of the society shall be held and forwarded the same to the commissioner of agriculture with an accompanying certificate signed by one of the subscribers and verified by a statutory declaration before any person authorised to administer oaths or take affidavits to be used in the Supreme Court of the Territories ; such declaration and certificate to be in form A in the schedule hereto:
Provided always that the applicants shall be residents of the Territories who have not already signed any declaration for the establishment of an existing agricultural society under this or any other Ordinance. No. 20 of 1892, s. 2; No. 38 of 1897, s. 39 (1); No. 40 of 1898, s. 5.
First election of officers
3. Upon the commissioner of agriculture acknowledging the receipt of a declaration as aforesaid expressing his approval of the organisation of the proposed agricultural society the party making the certificate accompanying the same or in his absence any one appointed by the commissioner of agriculture shall call a meeting for the election of the various officers by public notice published for two weeks in the nearest newspaper or posted in five conspicuous places near where the meeting is to be held at least fifteen days before the time fixed for holding such meeting and it shall be held in a central and convenient place.
(1) The officers to be elected at such meeting shall be a president, two vice presidents, an auditor and not less than seven directors. No. 20 of 1892, s. 3 : No.38 of 1897, s. 39 (2).
4. Any person may become a member of an agricultural society organised under this Ordinance by paying to the treasurer thereof yearly the sum of $1. No. 20 of 1892, s. 4.