be a body corporate and politic, and shall have the powers, rights and immunities vested in such bodies by law; with power to such corporation in their corporate name from time to time to acquire and hold to them and to their successors for the uses of such corporation any real property situated within this province. R. S., c. 81, s. 4. CHAP. 131. corporation directors or 6. The affairs of every such corporation shall be managed Affairs of by the directors or trustees thereof for the time being, managed by appointed as in this Chapter or any by-law of the corpor- trustees. ation provided, and such directors or trustees, or a majority of them, may exercise all the powers of the corporation and act in its name and on its behalf, and use its seal, subject to any provisions touching the exercise of such powers in the declaration aforesaid or in any by-law of the corporation. R. S., c. 81, s. 9. 7. Such trustees or a majority of them may make By-laws. by-laws for all purposes relative to the affairs and business of the corporation, except as to matters touching which it is provided by the declaration that by-laws shall be made in some other manner. R. S., c. 81, s. 10. 8. The members of every such corporation may at their Failure to elect. annual meeting, to be held on the day appointed by a by-law of the corporation, choose from among themselves a president, and may appoint (unless it is otherwise provided in the declaration and by-laws) a librarian, treasurer, secretary, lecturer, and such other officers and servants of the corporation as are required, and when necessary fix and pay their remuneration, and also choose a board of directors and trustees of such corporation, who shall hold office for one year. R. S., c. 81, s. 11. trustees. 9. A failure to elect trustees on any day appointed for Election of that purpose by the declaration or by any by-law shall not cause the dissolution of the corporation; but the trustees then in office shall remain in office until their successors are elected, which may be (if no other provision is made therefor by the declaration or by-law) at any meeting of the members of the corporation at which a majority of such members are present, in whatever way such meeting has been called. R. S., c. 81, s. 12. vening by-laws. 10. Every such corporation måy by by-law impose a Fine for contrafine, not exceeding four dollars, on any member contravening the same, or on any person, not being a member of the corporation, who has in writing agreed to obey the by-law for the contravention whereof it is imposed. R. S., c. 81, s. 13. СПАР. 132. Recovery of fines and sub criptions. Evidence of br-law. Corporation may be at same time ibrary associa tion. 11. Any such fine if incurred, and any subscription or other sum of money which any member has agreed to pay to the corporation for his subscription to the funds of the corporation for any certain time, or for the loan of any book or instrument, or the right of entry to the rooms of the corporation, or of attending any lectures, or for any other privilege or advantage afforded him by such corporation, may be recovered by the corporation by action in any court having jurisdiction in civil matters to the amount of such fine, and any fine so recovered shall belong to the corporation for the use thereof. R. S., c. 81, ss. 14, 16 (part.) 12. In any action to which the corporation is plaintiff a copy of any by-law bearing the signature of the defendant, or bearing the seal of the corporation and the signature of some person purporting to have affixed such seal by authority of the corporation, shall be prima facie evidence of such by-law. R. S., c. 81, s. 15. 13. Any such corporation may, if so stated in the institute and declaration, be at the same time an institute and library association, or either of them, and its business shall accordingly be the ordinary and usual business of a library and scientific institute or of a library association, or both, as the case may be, for the proper and convenient carrying on of such business or objects, and its funds and property shall be appropriated and used for purposes legitimately appertaining to such business and objects, and for no other. R. S. c. 81, s. 17. Short title. Company, how constituted. Cemetery not to be established in town. In case of an incorporated city or town. CHAPTER 132. OF CEMETERY COMPANIES. 1. This Chapter may be cited as "The Cemetery Companies' Act." 1893, c. 49, s. 23. 2. Any number of persons not less than ten may form themselves into a company for the purpose of establishing a public cemetery under the provisions of this Chapter. 1893, c. 49, s. 1, (part.) 3.—(1.) Except as in this section is provided no such cemetery shall be established within the limits af any incorporated city or town. (2.) In the case of an incorporated city or town, a cemetery may be established within the limits thereof when it appears to the satisfaction of the Governor-in-Council that from the CHAP. 132. extent of territory included in the city or town a cemetery may safely be established therein, and that the council and board of health of the city or town approve thereof. paid. (3.) The expenses, if any, of the Governor-in-Council, in Expenses, how the case mentioned in the preceding sub-section, shall be paid by the persons applying for leave to establish such cemetery. 1893, c. 49, s. 1, (part), 2. 4. When any number of persons not less than ten,— (c) pay to the treasurer of the intended company twenty (d) register such instrument, together with a receipt Corporation, how constituted. the company shall thenceforth become and be a body corporate, by the name designated in the instrument so registered, and may take, hold and convey land, to be used exclusively as a cemetery or place for the burial of the dead. 1893, c. 49, s. 2. 5. deemed share Every proprietor of a lot in the cemetery established Who shall be by such company containing not less than one hundred holders. 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. 1893, c. 49, s. 13. 6. quorum. The affairs and property of the company shall be Director's managed by nine directors, a majority of whom shall form a quorum. 1893, c. 49, s. 14. The first directors shall be chosen by ballot from First directors, among the shareholders whose names are affixed to the registered instrument, and thereafter the directors shall be annually elected by the shareholders on the third Monday in Directors, how January in every year. 1893, c. 49, s. 15. chosen. 8. Upon every election of directors, including the first, President. 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. 1893, c. 49, s. 16. 9. The directors, or a majority of them, shall at their Appointment of president. CHAP. 132. first meeting elect one of their number to be president of the company, and the president, or in his absence some other 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 the casting vote. 1893, c. 49, s. 17. By-laws, rules and regulations. Record to be kept. Calls for instalments. Payment of interest to shareholders. 10. The directors may from time to time, make, alter, amend or repeal such by-laws, rules or regulations, not inconsistent with this Chapter or the laws of the province, as they deem necessary and proper for the management of the affairs of the company. 1893, c. 49, s. 18. 11. The directors shall record, in a book kept for the purpose, all their by-laws and proceedings, and every person shall have access to such book for the purpose of searching and making extracts therefrom without payment of any fee. 1893, c. 49, s. 19. 12. The directors may also call for instalments on the sums subscribed for, and may appoint a time for the payment thereof; and if the same are not then paid, the right of the subscriber, and every instalment formerly paid, shall be forfeited, and he 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 from the date when the same should have been paid. 1893, c. 49, s. 20. 13.—(1.) From and out of the proceeds of the sales of burial sites made by the company, the company may pay to its shareholders who do not desire to take land in the cemetery to the full extent of the stock subscribed for and paid by them, interest on their paid up stock not represented by land in the cemetery, at such rate as is agreed on, not exceeding seven per cent. per annum, and may also repay to such shareholders the amount of paid up stock held by them not represented by land in the cemetery. (2.) Every such shareholder of the said company shall be taken to be a shareholder, and shall be entitled to all the rights of a shareholder, in respect to the shares of the capital stock of the company held by him and fully paid up, and which are not represented by land in the cemetery, until such shares are repaid to him by the company; and upon their repayment to him of any such share he shall cease to be a shareholder in respect to such share. (3.) Except as aforesaid, no dividend or profit of any kind shall be paid by the company to any member thereof. 1893, c. 49, s. 10. proceeds of sales. 14. Subject to the provisions in the preceding section CHAP. 132. contained, one half of the proceeds of all sales of burial sites Disposition of made by 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 or burial ground, and to the incidental expenses of the company; and after payment of the purchase money, the proceeds of 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. 1893, c. 49, s. 11. take and hold, to preservation particular lot. 15.—(1.) Any company incorporated under the provisions Company may of this Chapter may take and hold by gift, assignment, by gift, devise, devise, bequest, or otherwise, any money or securities, and &c., and apply apply the same in the same manner as any other moneys of of cemetery or the company in preserving, improving and embellishing the cemetery of such company, upon the condition and in consideration of the company assuming and undertaking the duty and obligation of preserving and maintaining in proper manner forever, any particular lot, tomb, monument or enclosure in such cemetery, or in any other cemetery or burying ground in the same municipality, and any person or persons may make such gift, assignment, devise or bequest, to such company upon such conditions and for such consideration. (2.) Every such company is hereby empowered to enter into agreements binding the company to preserve and maintain in a proper manner for all time to come, the particular lot, tomb, monument or enclosure in any such cemetery or burying ground designated in such gift, assignment, devise, bequest or agreement. (3.) Executors, administrators or trustees may pay over and transfer to such company, moneys or securities in their hands, which they are by the will of their testator or other instrument, directed to apply for or toward the purposes in this section specified. 1893, c. 49, s. 12. taxation. 16. The cemetery of any company, and the lots or plots Exemption from therein when conveyed by the company to individual proprietors for burial sites, shall be exempt from taxation of any kind, and shall not be liable to be seized or sold on execution. 1893, c. 49, s. 7. directors. 17. The directors shall be personally liable for any judg- Liability of ment recovered against the company. 1893, c. 49, s. 21. 18. The company shall, out of the moneys received by Company shall keep cemetery |