Voting Transferee of shares bound by to transferor. ever of the company, or for any engagement, claim, payment, loss, injury, transaction, matter or thing whatsoever relating to or connected with the company, beyond the unpaid amount of their respective shares in the capital stock thereof. 31. At all meetings of the company every shareholder shall be entitled to one vote for each share possessed by him, but no shareholder shall be entitled to vote, either in person or by proxy, at any meeting unless he shall have paid all the calls due upon the shares then held by him. 32. Every person who, by operation of law, transfer or other means whatsoever shall become entitled to any share notice given shall be bound by any and every notice which, previously to his name and address being entered upon the register of shareholders in respect of such shares, shall have been given to the person from whom he shall derive his title. Register of Register of Stock in Shares held Calls on stock. Enforcing payment. 33. The company shall keep in a book or books a register of the shareholders of the company, and therein shall be fairly and distinctly entered from time to time the following particulars: The names and addresses of all the shareholders of the company, and the number of shares held by each shareholder, and the amount paid on the shares of each shareholder. 34. There shall be a book called the register of transfers provided, and in such book shall be entered the particulars of every transfer of shares in the capital stock of the com pany. 35. The directors may decline to register any transfer of shares belonging to any shareholder who is indebted to the company. 36. If any share stands in the name of two or more persons, the person first so named shall, as regards voting at meetings, receipts of dividends, services of notices and all other matters connected with the company (except transfer) be deemed the sole holder therof, and shares in the company shall not be sub-divided. 37. The directors may from time to time make such calls upon the shareholders in respect of moneys remaining unpaid upon their respective shares as are prescribed by the by-laws of the company, and in the stock application executed by the shareholder. The company may enforce payment of all calls and interest thereon by action in any court of competent jurisdiction, provided that at least three months shall intervene between successive calls. 38. If any shareholder shall fail to pay any call on the Interest on day appointed for the payment thereof, he shall be liable to arrears. pay interest thereon at the rate of not exceeding ten per cent per annum from the day appointed for payment until the actual payment thereof. 39. Each shareholder shall be liable to pay the amount of any call so made upon him to such person and at such time and place as the directors shall appoint. arrears. 40. If any shareholder shall refuse or neglect to pay any sale of instalment due upon any share or shares held by him, the shares in directors may, in such manner as may be provided by the by-laws, cause such share or shares to be sold after thirty days' notice, to be sent by post prepaid and registered to the last known address of such shareholder, and the moneys arising therefrom shall be applied towards the payment of such unpaid instalments, with interest and expenses of sale; provided always that, in case the moneys realized by any sale of shares be more than sufficient to pay all arrears and surplus to interest, together with the expenses of such sale, the surplus original of such money shall be paid on demand to the former shareholder. holder, and no more shares shall be sold than shall be necessary to pay the arrears due by the said shareholder, with interest and expenses of sale, and in case the moneys so realized shall not be sufficient to pay all arrears and interest, together with the expenses of such sale, the directors may Forfeiture. declare such share or shares to be forfeited to the company and the same shall then be forfeited accordingly. be paid to arrears. declared. proven. 41. In all actions or suits for the recovery of such arrears Actions for or calls it shall be sufficient for the company to allege that the defendant, being the owner of such shares, is indebted to the said company in such sum of money as the calls in what to be arrears amount to, for such and so many shares, whereby an action has accrued to the company by virtue of this Act, and on the trial it shall only be necessary to prove that the defendant was the owner of the said shares in the company, and that said calls were made and have not been paid, and that notice what to be was given as directed by this Act, and it shall not be necessary to prove the appointment of the directors who made such calls or any other matter whatsoever than by this section specially required, and any copy or extract of any by-law, rule, regulation or minute, or of any entry in any book of the company, certified to be a true copy or extract Proving under the hand of the president or vice-president, the m'anager or secretary of the company, and sealed with the corporate seal thereof, shall be received in all courts and proceedings as prima facie evidence of such by-law, rule, regulation, minute or entry without any further proof thereof and by-laws, etc. Head office. Service of process on company. Authentication of certain documents. Notices to shareholders. without proof of the official character or signature of the officer signing the same, or of the corporate seal. 42. The company shall have its head office in the Town of Wawanesa, in Manitoba, and it may establish agencies elsewhere in the Province of Manitoba as it may deem expedient. 43. Any summons, statement of claim, notice, order or other document required to be served upon the company may be served by leaving the same at the company's head office, with any grown person in the employ of the company. 44. Any summons, notice, order or proceeding requiring authentication by the company may be signed by any director, the manager or other officer of the company, and need not be under the common seal of the company, and the same may be written or in print or partly in writing and partly in print. 45. A notice or other document served by registered post by the company on a shareholder, addressed to such shareholder to the postoffice address set forth in the register of the shareholders, shall be taken as served at the time when the letter containing it would be delivered in the ordinary course of post, and proof that such letter was addressed as when served. aforesaid, and was put into the postoffice, and the time when it was put in, and the time requisite for its delivery in the ordinary course of post, shall be sufficient proof of such service. How and Trust funds not liable for debts of company. Trustee holding stock not personally liable in respect thereto. Executors, etc., to 46. Moneys, properties and securities received or held by the company upon trust or as agent shall not be liable for the debts or obligations of the company. 47. No person holding stock in the company as an executor, administrator, tutor, curator, guardian or trustee shall be personally liable as a shareholder, but the estate and funds in the hands of such person shall be liable in like manner and to the same extent as the testator, or intestate, or the minor ward or other interested person in such trust fund, would be, if competent to act and holding such stock in his own name; and no person holding such stock as collateral security shall be personally subject to such liability, but the person pledging such stock shall be considered as holding the same and shall be liable as a shareholder accordingly. 48. Every executor, administrator or trustee shall represent the stock in his hands at all meetings of the company, and may vote accordingly as a shareholder; and every per- represent son who pledges his stock may nevertheless represent the stock. same at all such meetings, and may vote accordingly as a shareholder. 49. The company may have agencies in any place in Agencies. Great Britain or elsewhere for the registration and transfer of debenture and other stock. to apply. 50. The company shall be subject to the general laws of General laws the Province relating to all trust companies carrying on business in the Province of Manitoba. must begin business 51. The powers hereby granted shall cease and determine company at the end of two years from the coming into force of this Act, unless the company shall commence business under this two years. Act and go into operation within that time. within Joint Stock Act incor 52. Sections 30, 32, 45 and sections 57 to 63, inclusive, sections of of "The Manitoba Joint Stock Companies Act," so far as they companies can be made applicable to the company, are incorporated with rated this Act so as to form part thereof, and shall be construed herewith as forming one Act. 53. This Act shall come into force on the day it is assented to. CHAPTER 130. An Act to amend "An Act to incorporate the Osler & Preamble. Sec. 26 repealed. W [Assented to April 6th, 1912.] HEREAS the Osler and Nanton Trust Company are incorporated under the authority of chapter 98 of 1 George v; and whereas it is expedient in the public interest to amend the said Act, Therefore His Majesty, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: 1. Section 26 of chapter 98 of 1 George v is hereby repealed. 2. This Act shall come into force on the day it is assented to. |