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Section 14 amended

Section 15 amended

Section 34 amended

Dominion

be accepted

registration

1903

CHAPTER 12

An Ordinance to amend Chapter 52 of The Consolidated Ordinances 1898 intituled "An Ordinance.

respecting the Medical Profession."

[Assented to June 19, 1903].

HE Lieutenant Governor by and with the advice and

T consent of the Legislative Assembly of the Territories

enacts as follows:

1. Section 14 of The Medical Profession Ordinance is hereby amended by striking out the word "council" where it occurs therein, and substituting therefor the word "college."

2. Section 15 of the said Ordinance is hereby amended by striking out all the words after the word "taken" where it occurs therein and substituting therefor the words "but of such five names only those shall be counted that are the names of persons who are eligible for election under section 14 of this Ordinance."

3. Section 34 of the said Ordinance is hereby amended by striking out the words "not being less than one dollar nor more than" where they occur therein and substituting therefor the words "not exceeding."

4. Whenever there is established under the Act of the Parregistration to liament of Canada known as The Canada Medical Act 1902 for Territorial or any act in amendment thereof a Register for Canada of Medical Practitioners under the control of the Medical Council appointed or elected pursuant to the provisions of the aforesaid act or acts then notwithstanding anything in this Ordinance contained any person duly registered in the said Medical Register for Canada as a medical and surgical practitioner shall be deemed qualified and entitled to be registered in the Medical Register of the North-West Territories as a duly qualified medical and surgical practitioner and such person and no other shall be registered and such registration shall be made upon production of a certificate under the hand of the Registrar of the said Medical Council for Canada certifying that such person is duly registered in the said Medical Register for Canada, and upon satisfactory proof of the identity of such person; provided that such person may be

required to pay such fee for such registration in the Territories as the Medical Council for the Territories may impose in that behalf and provided that the provisions of this section shall not apply to or affect any person duly registered under the said Ordinance at the time The Canada Medical Act 1902 becomes operative.

1903

CHAPTER 13

An Ordinance respecting the voluntary winding up of
Joint Stock Companies.

[Assented to June 19, 1903.]

THER

HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows:

Short title

Interpretation

"Company"

"Court Power of judge

**Contributory'

"Extraordin

SHORT TITLE.

1. This Ordinance may be cited as "The Companies Winding Up Ordinance, 1903,”

INTERPRETATION.

2. Where the expressions following occur in this Ordinance they shall unless a contrary intention appears be construed as follows:

1. "Company" shall mean any company or association to which this Ordinance is applicable:

2. "Court" shall mean the Supreme Court of the North-West Territories, and any judge of the Court may at any time whether sitting in chambers or in court exercise all the powers conferred by this Ordinance upon the Court:

3. "Contributory" shall mean any person liable to contribute to the assets of a company under this Ordinance in the event of the same being wound up, and in all proceedings prior to the final determination of such persons any person alleged to be a contributory, and shall also include the personal representative or representatives of any such person:

4. "Extraordinary resolution" shall mean a resolution passed ary resolution" by a majority of not less than three-fourths of such members of the company for the time being entitled to vote as may be present in person, or by proxy in cases where by the Ordinance or charter or instrument of incorporation or the regulations of the company proxies are allowed, at any general meeting of which notice specifying the intention to propose such resolution has been duly given:

"Special resolution"

5. Special resolution" shall mean a resolution passed in the manner necessary for an extraordinary resolution where the resolution after having been so passed as aforesaid has been confirmed by a majority of such members entitled according to the Ordinance, charter or instrument of incorporation or the

regulations of the company to vote as may be present, in person or by proxy, at a subsequent general meeting of which notice has been duly given and held at an interval of not less than fourteen days nor more than one month from the date of the meeting at which the resolution was first passed:

6.

Members" shall mean those persons only who for the time.. Members" being are entitled to vote at general meetings of the company.

or

APPLICATION OF ORDINANCE.

3. This Ordinance shall apply to all incorporated companies Application of associations incorporated by the Legislature of Legislature of the Ordinance Territories or under the authority of any Ordinance of the Territories.

WHEN COMPANIES MAY BE WOUND UP.

4. A company may be wound up under this Ordinance

may be wound

1. Where the period, if any, fixed for the duration of the when company by the Ordinance, charter or instrument of incorpora- companies tion has expired; or where the event, if any, has occurred upon up voluntarily the occurrence of which it is provided by the Ordinance or charter or instrument of incorporation that the company is to be dissolved and the company in general meeting has passed a resolution requiring the company to be wound up;

2. Where the company has passed a special resolution re- On special quiring the company to be wound up:

resolution

resolution

3. Where the company though it may be solvent as respects on creditors has passed an extraordinary resolution to the effect extraordinary that it has been proved to the satisfaction of the members thereof that the company cannot by reason of its liabilities continue its business and that it is advisable to wind up the

same.

Court

5. Where no such resolution has been passed as mentioned when by in the next preceding section, the Court may, on the applica- order of the tion of a contributory, make an order for winding up in case the Court is of opinion that it is just and equitable that the company should be wound up.

6. A winding up shall be deemed to commence at the time Commence. of the passing of the resolution authorising the winding up or ment of the making of the order directing the winding up as the case may be.

winding up.

CONSEQUENCES OF COMMENCING TO WIND UP.

Consequences

1. The following consequences shall ensue upon the commencement of the winding up of a company under the authority of commencing

of this Ordinance:

1. The company shall, from the date of the commencement of the winding up, cease to carry on its business, except in so

to wind up.

Extent to which

company to exist after commencement of

winding up

Property of company

Appointment

far as may be required for the beneficial winding up thereof: and any transfers of shares, except transfers made to or with the sanction of the liquidators, or any alteration in the status of the members of the company, after the commencement of the winding up, shall be void, but the corporate existence and all the corporate powers of the company shall, notwithstanding it may be otherwise provided by the Ordinance, charter or instrument of incorporation, continue until the affairs of the company are wound up;

2. Subject to the provisions of section 10 hereof the property of the company shall be applied in satisfaction of its liabilities pari passu; and subject thereto and to the charges incurred in winding up its affairs shall, unless it is otherwise provided by the Ordinance, charter or instrument of incorporation, be distributed amongst the members according to their rights and interests in the company;

3. The company in general meeting, or in default thereof of liquidators the Court, shall appoint such persons or person as the company or Court thinks fit to be liquidators or a liquidator for the purpose of winding up the affairs of the company and distriRemuneration buting the property and may fix the remuneration to be paid to them or to him, and they or he shall give such security as the contributories or the Court may determine:

Security

One liquidator

Powers of

directors to ceasc

Powers of several liquidators

Appointment

4. If one person only is appointed liquidator all the provisions herein contained in reference to several liquidators shall apply to him;

5. Upon the appointment of liquidators all the powers of the directors shall cease except in so far as the company in general meeting, or the liquidators, may sanction the continuance of such powers:

6. Where several liquidators are appointed every power hereby given may be exercised by such one or more of them as may be determined at the time of the appointment, or at a subsequent meeting of the company, or in default of such determination, by any number of the liquidators not less than two:

7. The members of the company may at any meeting appoint of inspectors one or more inspectors to superintend and direct the proceedings of the liquidators in the management and winding up of the estate and in case of an inspector or inspectors being appointed all the powers of the liquidator shall be exercised subject to the advice and direction of such inspector or inspectors and the members of the company may also at any Revocations subsequent meeting held for that purpose revoke any such appointment and upon such revocation or in case of death. resignation or absence from the Territories of an inspector may appoint another in his stead; and such inspector may be Remuneration paid such remuneration as the members of the company may determine:

One inspector

8. If one person only is appointed inspector or if by reason of death, resignation, absence from the Territories or otherwise

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