Amends s. 153, subsec. (d). Amends s. 157. Amends s. 250, subsec. (1). Repeals and re-enacts s. 26S. subsec. (1). Repeals and application may, with the consent of the Registrar, be made to the Lieutenant-Governor in Council, who shall have power to approve and direct the issue of a licence to such company." 17. Subsection (d) of section 153 of said chapter 39 is hereby amended by adding after the word "notices," in the eighth line, the words "to issue and transfer shares or stock." 18. Section 157 of said chapter 39 is hereby amended by adding thereto the following proviso: "Provided that the Registrar may refuse to issue a certificate of registration to any such extra-provincial company which is authorized by its charter to exercise all or any of the powers of a 'trust company' as defined by the Trust Companies Regulation Act.' Upon such refusal, application may, with the consent of the Registrar, be made to the Lieutenant-Governor in Council, who shall have power to approve and direct the issue of a certificate of registration to such company." 19. Subsection (1) of section 250 of said chapter 39 is hereby amended by substituting for the words "that date," in the sixth line, the words "the date hereinafter mentioned." 20. Subsection (1) of section 268 of said chapter 39 is hereby repealed, and the following is substituted therefor: "268. (1.) Where a company incorporated under any public Act in the Province, or an extra-provincial company, licensed or registered, has failed for any period of two years after such incorporation or licensing or registration to send or file any return, notice, or document required to be made or filed or sent to the Registrar pursuant to this Act or any former public Act, or the Registrar has reasonable cause to believe that such company is not carrying on business or in operation, he shall send to the company by post a registered letter inquiring whether such company is carrying on business or in operation and notifying it of its default (if any): "(a.) The period of two years herein before mentioned shall in its application to companies already licensed be deemed to commence on the first day of March, 1913." 21. Subsection (4) of section 268 of said chapter 39 is hereby repealed, and the following is substituted therefor: "(4.) If a company or any member or creditor thereof feels aggrieved by the company having been struck off the register, the Court, on the application of the company or member or creditor, may, if satisfied that the company was at the time of the striking-off carrying on business or in operation, or otherwise that it is just that the company be restored to the register, order the name of the company to be restored to the register, and thereupon the company, being an incorporated company as aforesaid, shall be deemed to have continued in existence, or, being an extra-provincial company, shall be deemed to be still entitled to do business in the Province, as if its name in either case had not been struck off; and the Court may by the order give such directions and make such provisions as seem just for placing the company and all other persons in the same. position as nearly as may be as if the name of the company had not been struck off: "(a.) Due notice shall be given to the Registrar of any such application to the Court, and no order made thereupon shall have any effect until the lawful requirements of the Registrar in respect of any such company have been fulfilled: "(b.) An office copy of the order shall be filed with the Registrar within fifteen days from the date thereof, and shall by him be registered: "(c.) If no application as aforesaid is made within one year from the date on which the name of a company shall have been struck off pursuant to this section, any other company or society may, subject to the provisions of section 18, be incorporated, licensed, or registered by the same or a similar name, or may, subject as aforesaid, change its name to the same or a similar name; and in such case the Court shall, in and by the order aforesaid, make provision that the company whose name shall have been struck off shall, as a condition of having its name restored to the register, forthwith change its name subject to and in accordance with the provisions of this Act: (d.) Any company whose name has been prior to the twenty sixth day of August, 1912, published in the Gazette pursuant to this section may apply to the Court as hereinbefore provided, and the time mentioned in the last preceding subsection shall be deemed to have commenced on the twenty-sixth day of August, 1912: "Provided that where since that date a company or society has been incorporated or an extra-provincial company licensed or registered by a name identical with or similar to the name of any such company, the Court shall in and by its order make provision that the company whose name has been published as aforesaid shall, as a condition of having its name restored to the register, forthwith change its name, subject to and in accordance with the provisions of this Act: "(e.) Notwithstanding any proceedings heretofore taken or purporting to have been taken under or by virtue of the provisions of section 268 of this Act, the following companies, to wit: Amends s. 268, subsec. (6). Amends s. 269, subsec. (3). Amends s. 280. Amends s. 282. Texada Kirk Lake Gold Mines, Limited; Columbia Fruit and Land Company, Limited; are hereby declared to be in existence and shall be deemed 22. Subsection (6) of section 268 of said chapter 39 is hereby amended by striking out the words after "wound up" in the first line up to and including the words "wound up" in the third line.. 23. Subsection (3) of section 269 of said chapter 39 is hereby amended by striking out all the words after the word "inspection' in line four, and substituting therefor the following: "and any person may require a copy or extract of any document or part thereof on payment for the copy or extract of the prescribed fees, not exceeding ten cents for each folio, and a further fee not exceeding one dollar if such copy or extract is required to be certified as a true copy." 24. Section 280 of said chapter 39 is hereby amended by striking out all words after the word "Act" in line four, and substituting the following: "otherwise there shall be charged the differencebetween the fees already paid and the fees payable for the incorporation of a company under this Act." 25. The following is added as subsection (a) to section 282 of said chapter 39: "(a.) The Registrar shall, at the cost of the company applying for registration, publish such certificate for four weeks in the Gazette." VICTORIA, B.C.: Printed by WILLIAM H. CULLIN, Printer to the King's Most Excellent Majesty. 1913. H1 CHAPTER 11. An Act to amend the "Constitution Act." [1st March, 1913.] IS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows: R.S.B.S. 1911, c. 44. 1. This Act may be cited as the "Constitution Act Amendment Short title. Act, 1913." 26 and 66. 2. The "Constitution Act," being chapter 44 of the "Revised Amends ss. Statutes of British Columbia, 1911," is hereby amended by substituting the word "five" for the word "four" in the fifth line of section 26 and the word "sixteen" for the word "twelve " in the third line of section 66 thereof. seats for four years. 3. The members of the Legislative Assembly now in session shall Members to hold hold their seats for four years from the day of the returning of the first writs for the last election, and no longer, unless the Assembly is sooner dissolved. VICTORIA, B.C.: Printed by WILLIAM H. CULLIN, Printer to the King's Most Excellent Majesty. 1913. |