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Expropriation

tors or other things, being the property of the company, in or upon such premises and may remove the same there from doing no unnecessary damage. N.W.T., c. 61, s. 103.

ARBITRATIONS.

104. If it is found necessary or deemed proper to conduct any of the pipes, wires or conductors or to carry any of the works of the company through the lands of any person lying within or within ten miles of the locality for supplying which the company is incorporated and the conAppointment sent of such person cannot be obtained for that purpose the of arbitrators. company may take or use the land required and nominate and appoint a disinterested person and the owner or owners of the land taken or damaged may nomininate and appoint another, which two persons so appointed shall nominate and appoint a third person and the said three persons shall act as abitrators in the matter between the company and the owner or owners of the property.

Powers and duties of arbitrators.

Payment of award.

Failure to appoint arbitrator.

Proceedings

(2) Nothing in this section shall authorize the company to take or use any house, land or property in contravention of section 97 of this Ordinance. N.W.T, c. 61, s. 104.

105. The said arbitrators shall examine all witnesses and administer all necessary oaths or declarations to them and the said arbitrators or a majority of them shall award, determine and adjudge what sum or sums of money respectively shall be paid to the owner or owners of the property so taken or damaged by the company. N.W.T., c. 61, s. 105.

106. The sum or sums of money so awarded shall be paid within three months after the date of the award and in default of such payment the owner or owners may resume the possession of his property with all the rights appertaining thereto but the company shall be held liable to such owner for any damage it may have done to the property. N.W.T., c. 61, s. 106.

107. In the event of the company or the owner of such property failing to appoint an arbitrator after eight days' notice from one of the said parties to the other or of the said two arbritrators failing to appoint a third, a judge of the Territorial Court, may appoint a third arbitrator and the decision of the said three arbitrators or a majority of them shall be binding on all parties concerned. N.W.T., c. 61, s. 107.

ENFORCEMENT OF PENALTIES.

108. Unless otherwise herein provided proceedings for for penalties fines, penalties and forfeitures imposed by this Ordinance may be taken by the company or by any person whose pro

perty is injured, to and for the use of the company or such person, either in the manner herein before directed or before a justice of the peace in a summary way. N.W.T., c. 61, s. 108.

FEES FOR LETTERS PATENT.

109. In addition to the cost of all necessary advertising Fees on issue in the Yukon Official Gazette the following fees shall be of letters patent. paid on application for letters patent of incorporation and supplementary letters patent under this Ordinance :

1. When the capital stock of the company is $400,000 and upwards the fee to be $500;

2. When the capital stock of the company is $200,000 and upwards and under $400,000 the fee to be $400;

3. When the capital stock of the company is $100,000 and upwards and under $200,000 the fee to be $300 ;

4. When the capital stock of the company is $40,000 and upwards and under $100,000 the fee to be $200;

5. When the capital stock of the company is over. $10,000 and under $40,000 the fee to be $150;

6. And when the capital stock of the company is $10,000 or under the fee to be $100;

7. On application for supplementary letters patent the fees to be one half of that charged on the original letters patent. No. 10 of 1900, s. 5.

N.W.T., c. 61, s. 109.

SCHEDULE.

FORM A.

(Section 15.).

Public notice is hereby given that under The Companies' Ordinance letters patent have been issued under the seal of the Yukon Territory bearing date the

day of incorporating (here state name, 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 the name of the company as in the letters patent) with a capital stock of dollars divided into

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shares

19.

A. B.,
Territorial Secretary.

FORM B.

(Section 20.)

,

Public notice is hereby given that under The Companies' Ordinance supplementary letters patent have been issued under the seal of the Yukon Territory bearing date the day of whereby the undertaking of the (here insert name of the company) has been extended to include (here set out the other purpose or objects mentioned in the supplementary letters patent.) Dated at Dawson this

19

day of A. B., Territorial Secretary.

FORM C.

(Section 27.)

Public notice is hereby given that under The Companies' Ordinance supplementary letters patent have been issued under the seal of the Yukon Territory bearing date the whereby the total capital stock of (here state the name of the company) is increased (or reduced as the case may be) from

dollars to

day of

dollars.

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Dated at Dawson this

day of

19

A. B.,
Territorial Secretary.

CHAPTER 58.

An Ordinance to Authorize the Changing of the
Names of Incorporated Companies.

name of

1. When any incorporated company within the legislative Commissioner authority of the Council of the Territory whether incorpor- may change ated under a special or a general Ordinance is desirous of company. changing its name the Commissioner upon being satified that the company is in a solvent condition, that the change desired is not for any improper purpose and is not otherwise objectionable and that the notice hereafter provided for has been duly given may by Order change the name of the company to some other name set forth in the said Order. N.W.T., c. 62, s. 1.

2. The company shall give by notice published in two Publication consecutive issues of the Yukon Official Gazette and in two of notice of application to insertions of some other newspaper published in or near the change name. locality in which the operations of the company are carried on during the time within which such notice is appearing in the said gazette, notice of the intention to apply for the change of name and shall state the name proposed to be adopted. N.W.T., c. 62, s. 2.

proposed

3. In case the proposed new name is considered objec- Commissioner tionable the Commissioner may if he thinks fit change the may change name of the company to some other unobjectionable name name. without requiring any further notice to be given. N.W.T., c. 62, s. 3.

4. Such change shall be conclusively established by the Notice in insertion in the Yukon Official Gazete of a notice thereof by gazette proof the Territorial Secretary for which a fee of $5 shall be pay- name. able. N.W.T., c. 62, s. 4.

of change of

etc., affected

5. No contract or engagement entered into by or with the No contract, company and no liability incurred by it shall be affected by by change. the change of name; and all suits commenced by or against the company prior to the change of name may be proceeded with against or by the company under its former name. N.W.T., c. 62, s 5.

31-Y. O

CHAPTER 59.

An Ordinance respecting Foreign Corporations.

Short title.

Corporations to obtain license before

SHORT TITLE.

1. This Ordinance may be cited as "The Foreign Companies Ordinance." N.W.T., c. 63, s. 1.

FOREIGN COMPANIES, LICENSES, STATEMENTS, ETC.

2. Any company, institution or corporation incorporated otherwise than by or under the authority of an Ordinance doing business of the Territory or an Act of the Parliament of Canada desiring to carry on any of its business within the Territory may (through the Territorial Secretary) petition the Commissioner for a license so to do and the Commissioner may thereupon authorise such company, institution or corporation to use, exercise or enjoy any powers, privileges and rights set forth in the said license.

Certain documents to

Territorial

secretary.

Power of attorney.

(2) No such license shall be issued until such company, be filed with institution or corporation has deposited in the office of the Territorial Secretary a true copy of the Act, charter or other instrument incorporating the company, institution or corporation verified in the manner which may be satisfactory to the Commissioner together with a duly executed power of attorney empowering some person therein named and residing in the Territory to act as its attorney and to sue and be sued, plead or be impleaded in any court and generally on behalf of such company, institution or corporation and within the said Territory to accept service of process and to receive all notices and for the purposes aforesaid to do all acts and to execute all deeds and other instruments relating to the matters within the scope of the power of attorney; and such company, institution or corporation may from time to time by a new or other power of attorney executed and deposited as aforesaid appoint another attorney within the Territory for the purposes aforesaid to replace the attorney formerly appointed; and notice of the granting of such license shall be given forthwith by the Territorial Secretary in the official gazette.

Evidence of license.

(3) The license or any exemplification thereof under the seal of the Territory shall be sufficient evidence in any proceeding in any court of the Territory of the due licensing of the company, institution or corporation as aforesaid.

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