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Defects in

form

Certificate of
incorporation,
its effects
as evidence

Application for certificate

Evidence thereon

Issue of certificate

Costs and practice

12. No defect of form in the certificate of the judge or in the proceedings to which the certificate of the judge relates shall affect the validity of the incorporation. C.O., c. 66, s. 12.

13. To facilitate the proof of a society or branch being an incorporated society or branch under this Ordinance and to prevent any future question as to the same, the society or branch after the same has become incorporated as aforesaid, shall be entitled (if the society or branch thinks fit) to receive a certificate of such incorporation in manner hereinafter mentioned; and a certificate so obtained shall be final and conclusive evidence of the society or branch being an incorporation under this Ordinance unless the certificate on the order or decision of the court granting or authorizing the same is reversed or set aside by some direct proceeding taken for the purpose; and the proceedings for the purpose of obtaining the certificate may be as follows:

1. The application for the certificate may be made by the society or branch to a judge of the Supreme Court of the NorthWest Territories.

2. The application shall be supported by satisfactory evidence that the society or branch is a society or branch within the true intent and meaning of this Ordinance; that the proceedings necessary for incorporation have been duly taken; that four weeks' notice of the intention to apply for a certificate has been given to the Lieutenant Governor of the Territories; and that a like notice has been published for four weeks in The North-West Territories Gazette; and if the judge is not satisfied with the evidence offered of these particulars in the first instance he may instead of dismissing the application give an opportunity or opportunities for producing further evidence; and if there is any defect in the proceedings taken to obtain incorporation the judge may permit the same to be supplied and he may in all cases require from time to time any further publication to take place, and any other notice to be mailed, served or given which he deems necessary.

3. When the judge is satisfied that the society or branch is entitled to the certificate, the certificate may be issued by the clerk of the court of the judicial district in which the application is made, in duplicate (under his hand and the seal of the court) or in as many parts as may be required and the same shall name the day from and at which the incorporation was complete and effectual, and any person shall thereafter be entitled to receive a certificate to the same effect sealed and signed as aforesaid; which certificate or counterpart thereof shall be final and conclusive as herein before mentioned.

4. The judges of the Supreme Court of the North-West Territories shall have power to regulate the practice and costs in such cases. C.O., c. 66, s. 13.

furnish

real property

14. It shall be the duty of the corporation when thereunto Society to required by the Lieutenant Governor in Council or by the statement of Legislative Assembly to furnish a statement of the real property and of the estates therein held by the society and to give such details thereof as the Lieutenant Governor in Council or the Legislative Assembly may from time to time require. C.O., c. 66, s. 14.

Change of

15. When a society incorporated under the provisions of name, etc., this Ordinance is desirous of changing its name or of chang- of society ing any of the purposes contained in the original certificate or declaration of incorporation, a judge of the Supreme Court upon being satisfied that the change desired is not for an improper purpose and is not otherwise objectionable, may make an order reciting the certificate and declaration of incorporation and making the change desired.

(2) Such order shall be filed in the office in which the certificate and declaration were filed and a copy of the order certified by the registrar of the Supreme Court at Regina or his deputy to be a true copy of the order filed in the said office shall be prima facie evidence of the change having been made as therein set forth.

Order to be

filed

obligations of

affected

(3) No change under the next preceding two subsections Rights and shall affect the rights or obligations of the society and all actions society not or proceedings commenced by or against the society prior to the change of name may be proceeded with by or against the society under its former name. C.O., c. 66, s. 15.

16. In case the Lieutenant Governor in Council adopts or approves of any forms for any of the proceedings under this Ordinance and the order adopting or approving of the same is, with the forms, printed in The North-West Territories Gazette such forms shall be as effectual for the purposes mentioned in this Ordinance or in the order in council as if the said forms had been inserted in this Ordinance. C.O., c. 66, s. 16.

Forms

H

SCHEDULE.

Ordinances for purposes not intended by this Ordinance:

1. Chapter 38 of The Consolidated Ordinances. 2. Chapter 45 of The Consolidated Ordinances. 3. Chapter 61 of The Consolidated Ordinances. 4. Chapter 65 of The Consolidated Ordinances. 5. Chapter 68 of The Consolidated Ordinances. 6. Chapter 69 of The Consolidated Ordinances.

CHAPTER 67.

An Ordinance respecting Mechanics' and Literary Institutes.

(C.O., c. 67.)

Chapter 16, 1908, substituted.

CHAPTER 68.

An Ordinance respecting Cemeteries.

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

SHORT TITLE.

1. This Ordinance may be cited as "The Cemetery Ordi- Short title nance." C.O.. c. 68, s. 1.

INCORPORATION OF COMPANIES.

Continuation

2. All companies formed under the provisions of chapter of companies 24 of The Revised Ordinances 1888, intituled An Ordinance to incorporate Companies for the Establishment of Cemeteries, or of any amendment thereto, in existence as such are hereby continued as bodies politic and corporate and they shall be subject to the provisions of this Ordinance. C.O., c. 68, s. 2

incorporation

3. Any number of persons not less than ten may form them-Conditions of selves into a company for the purpose of establishing one or more public cemeteries outside the limits of any town or village or within such limits if permission be given by by-law of such town or village for such establishment within its limits, who have

(a) Subscribed stock to an amount adequate to the pur-
chase of the ground required for such cemetery; and
(b) Executed an instrument according to the form in the
fifth section of this Ordinance contained; and
(c) Paid to the treasurer of the proposed company twenty-
five per cent. of the capital stock intended to be raised;
and

(d) Deposited such instrument, or a duplicate thereof,
together with a receipt from the treasurer for the first
instalment of twenty-five per cent., in the office of
the Territorial Secretary. C.O., c. 68, s. 3.

Secretary to

of proposed

4. Notice of the formation of the proposed company shall Territorial be forthwith given by the Territorial Secretary in the official receive notice gazette setting forth the name of the said company and the formation of persons constituting the same and from and after the date of company the publication of such notice the persons therein named and their successors shall be a body corporate and politic under the name mentioned therein and as such body corporate and politic shall have all rights and be subject to all the liabilities Powers of a corporation and shall have full power to acquire, hold and alienate both real and personal estate for all the purposes of the company. C.O., c. 68, s. 4.

Form of instrument

5. The instrument referred to in section 3 of this Ordinance may be in the form following:

"Be it remembered that on this..

.day of..

.in

in the year of Our Lord one thousand.
we the undersigned shareholders met at.
the North-West Territories and resolved to form ourselves into
a cemetery company to be called The.
Cemetery
Company under the provisions of The Cemetery Ordinance;
and we do hereby agree that the capital stock of the said com-
pany shall be.
...dollars to be divided into shares

of...
.dollars each entitling the holder to one hundred
superficial feet; and we the undersigned shareholders do hereby
agree to accept and take the number of shares set by us oppo-
site our respective signatures; and we do hereby agree to pay
the calls thereon according to the provisions of the said Ordinance
and the rules and regulations and by-laws of the company
to be made in that behalf.

NAME

NO. OF SHARES

AMOUNT

Continuation of trustees

Organization of board of trustees

C.O., c. 68, s. 5.

TRUSTEES OF RELIGIOUS BODIES.

6. Trustees appointed under the provisions of Ordinance No. 5 of 1892, intituled An Ordinance respecting the Holding of Cemeteries in Trust for Religious Bodies and in existence at the time of the coming into force hereof are hereby continued and shall be subject to the provisions of this Ordinance affecting trustees appointed hereunder. C.O., c. 68, s. 6.

7. When any one or more religious societies or congregations in the Territories desire to take a conveyance or transfer of land for the purpose of establishing a cemetery for the use of such society or congregation or for the use in common of such societies or congregations such society or congregation or societies or congregations as the case may be, may appoint trustees to whom and their successors to be appointed in such manner and subject to such regulations as may be specified in the deed of conveyance or transfer, the land requisite for the

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