Page images

18. The joint stock and property of the Corporation shall be alone responsible for the debts and engagements of the Company, except as provided by the Sixteenth Section.

19. The existence of the Corporation may be proved by the production of the Royal Gazette containing the notice of the filing of the Memorandum of Association, or the Certificate of the Provincial Secretary.

20. A fee of fourteen dollars shall be paid to the Provincial Secretary for filing the Memorandum of Association and granting and publishing the certificate, and a fee of sixteen dollars for filing the certificate of payment.

21. Any number of stockholders who may be owners of one quarter of the capital stock of any such Company, may call a general meeting of the stockholders for the purpose of taking into consideration the propriety of dissolving the said Company, giving at least three months notice in the Royal Gazette, and any newspaper published in the County where the place of business of such Company is established, of the time and place of such meeting, with the object thereof; and if at such meeting it is determined to dissolve the said Company, the stockholders are hereby empowered to take the necessary legal means to effect that object; the Directors then in office shall take immediate and effectual measures for closing all the concerns of the Corporation, and for paying the debts, and disposing of the property, and dividing the capital and property, which may remain, among the stockholders, in proportion to their respective interests.

PART III.-INCREASE OF CAPITAL BY MEMORANDUM. 22. Any Company incorporated under and by virtue of Part Second of this Chapter, or said Chapter 28 of twenty fifth Victoria, may increase the capital stock of such Company, and the number of shares into which the stock may be divided, by filing in the Office of the Provincial Secretary a memorandum of increase of capital stock of the said Com. pany, sigued by the President and Secretary, and under the corporate seal of the said Company.

23. The memorandum of increase of capital stock of the said Company shall be in form following, or as near thereto as circumstances will admit of, viz:--

[ocr errors][ocr errors]

Memorandum of increase of Capital Stock of the Company. (1) The

Company was, by memorandum of association aud certificate thereof, and publication of such certificate in the Royal Gazette, bearing date the

day of A.D. ,duly incorporated under twenty fifth Victoria, Chapter 28, (or as the case may be.) (2) The nominal capital of the Company therein named at $ , and divided into shares of $ each, to be increased to $ by the addition of the further capital stock of $ , such additional capital

to be divided into shares of $ each
(3) The said Company is desirous of increasing the capital

stock of said Company to the amount abore named.
Dated the day of , A. D. 18.

A. B., I resident.
C. D., Secretary.

(L. S.L
24. The Provincial Secretary may grant a Certificate of
such increased capital stock as near as may be in the form
following, or as near as circumstances will adinit of :-

These are to certify that the Company, incorporated by Certificate in the Royal Gazette of , has this day filed in my Office a memorandum of increase of capital stock of the said Company, to the full amount of $ , being an increase in the capital stock of $ . such increased capital stock to be divided into

shares of $ each. Dated at Fredericton the day of A D. 18.

J.J. F., Provincial Secretary. 25. The Provincial Secretary shall give notice in the Royal Gazette of the granting of the Certificate mentioned in the last preceding Section, with the terms thereof.

26. Upon the granting such last mentioned certificate,and the publication thereof in the Royal Gazette, the said Company shall have power so to increase its capital stock.

27. The fees on filing the memorandum and for granting and publishing the certificate under Part III. of this Chapter, shall be the same as specified in Part II. of this Chapter.

28. All provisions of Part II. of this Chapier referring to liability of stockholders for calls and the transfer of stock,

and to the liability of the joint stock and property of the Corporation for debts and engagements of the said Corporation, shall have full force and effect with reference to the additional capital stock issued under Part III. of this Chapter, as if such increased capital stock had been taken and subscribed at the formation of said Corporation.

e full Sande joint sto




County Incorporation.

18 In what cases and when Poll shail

be opened ; time Poll shall be 1 Counties heretofore incorporated,

kept open. to continue so under this Chapter. 19 Qualification of voters. Counties not before incorporated, 0

?: 20 Collectors of Rates to furnish voto be a body corporate under this

ting lists. Chapter.

21 In Parishes when assessment for 3 Title of Corporation.

Poor is made by a different as. 4 Corporate powers of Cities or

sessment from County assess. Towns already incorporated, not

ment, County Collector to fur. affected by provisions of this

nish lists. Chapter.

22 At annual Elections, Collector or Constitution of County Council. Deputy to attend at polling place; 5 County Councils in each County ; 92

penalty for not attending.

Louny ' 23 Collector to give receipt on pay. powers of.

ments of Rates, such receipt to 6 Council, of how many Members composed; Warden, head of.

entitle ratepayer to vote for 7 Municipality of Saint John, Coun.

Councillor; member of Firm cil of, how composed.

may vote, when.

.. 24 If Collector is unable to attend 8 Number of Councillors for Parish

Election, Deputy to be appointed. of Moncton ; Town of Moncton

25 Duties of Deputies. to appoint one; qualification of

26 Collectors or Deputies neglecting voters.

their duty; penalty. 9 Number of Councillors for Parish

27 When Collectors may give dupli. of Saint Stephen ; Town of Saint Stephen, Milltown, and Upper

cate receipts ; penalty for refu. Mills, each to appoint one; qua- 28 Voting for Councillors to be by

sing receipt or giving a false one. lification of voters.

ballot ; how ballots counted. Qualification and Election of Coun- 29 Chairman authorized to adminis. cillors.

ter oath to Elector. 10 Councillor, qualification of. 30 To have power of a Justice during 11 Persons disqualified for Council. election. lors.

31 Keeping peace at Elections, who 12 Provisions of Sections 10 & 11 not to aid in.

to extend to ex officio Councillors. 32 Chairman to make return of 13 Exemptions.

Councillors elected within ten 14 Elections, when and where held. days ; penalty for neglect. 15 No Elections to be held in tavern, 33 On failure to elect Councillors, or &c.

in case of Vacancy or absence, 16 Meeting for election, when open new Election to be held ; duties

ed. Chairman ineligible forCoun. of Warden and Secretary Treascillor.

urer in such case. 17 When nomination of candidate 34 Conviction of felony, insolvency,

shall take place; Declaration to absence, &c. of Councillor, seat be made.

to become vacant.


Section. 35 Councillor not to act till he take Meetings of County Council.

oath ; penalty for refusal. Pro- 55 Council Meeting, where held; visions of Section not to affect Meeting for organizing Municiex officio Councillors.

pality, when held. 36 Fine for refusing to serve, how 56 Semi-annual meeting of Council,

recovered and to whom puid. when held; proviso; County Elections where several Polling Dis

Council, Saint John, may protricts are established.

vide for two additional meetings 37 Power of Council to appoint Poll as

in the year. ing Districts in Parish; bounds

57 Meetings may be adjourned; how of Districts to be defined, and so


na 58 What number of Councillors shall Districts numhered. 38 In Parishes where there are more

form a quorum ; absence of Counthan one District, Council to ap.

cillor from meeting ; penalty. point Clerk and Collector of

59 When special meeting may be

called ; Warden to give notice Rates for each District ; List of

of object of. voters for each District.

60 Meetings of Council to be public; 39 In Parishes where there are more

who inay be expelled. than one District, nomination of who "

County Officers. candidates, how made. 40 When not necessary to hold a

de 61 County Officers, how and by


whom appointed. Poll, Secretary-Treasurer


to 69 When a se

o 62 When a Secretary and Treasurer make a Return. 41 When Poll shall be opened; votes

are each appointed, duties of

each. to be counted ; Chairman to de.

63 Secretary-Treasurer or Secretary clare Councillors, and make re.

or Treasurer may appoint deputy; turn. 42 Power of Council to mako Bye

Sureties of former, when liable

in such cases. Laws to regulate closing of Polls. 64 43 In Parishes in County of Carleton •

: 64 County Auditor, when and by where there are several Dis- 65 Qualification of persons holding

whom appointed. tricts, duties of Chairmen.

County Offices. First Elections in Counties not hereto.

Parish Officers. fore Incorporated.

66 Parish Officers, when and by 44 When first Election shall be held whom appointed. What officers

Sheriff to give notice; returns to be appointed.
to be made to Sheriff.

67 What officers shall be elected by 45 Clerk of Peace to furnish Parish French inhabitants in certain Clerks with lists.

parts of County of Westmorland. 46 When Sheriff's may appoint of- 68 Commissioners of Alms House in ficers to hold Elections

certain Parishes in Charlotte; 47 Casual vacancies prior to October n urnber of, and how appointed. 1877, how filled.

69 Qualification of persons appointed First Election in new or divided to Parish offices. Parishes.

70 When Parish Officers of preceding 48 Secretary Treasurer to make out year shall remain in office,

list for new Parish ; Clerk of the 71 Vacancy in Parish Officers, how Peace, when.

filled." 49 Persons qualified to vote in old 72 List of vacancies filled by Parish Parish.

Councillors, to be sent to Sec'yWarden and Councillors-Incidents Treasurer. of Office.

73 Secretary-Treasurer to furnish 50 Warden, when and by whom cho. Parish Clerk with lists of County sen ; term of office.

or Parish appointments ; Parish 51 Councillors ; term of office.

Clerk to post up lists. 52 Councillor inay resign, how; 74 Officers appointed, to be sworn; Warden may resign.

when. 53 Neither Warden nor Councillor 75 Neglect of Officer to take oath or to receive pay ; proviso.

perform duties; penalty; proviso. 54 In Municipality of Carleton, when 76 Penalty for neglect of Parish

Councillors may be paid ; amount Officers to give Bond when reto be paid and how paid.



Section. 77 Special Constables, bow and by 98 Power of Sessions vested in

whom appointed; their powers. Council. 78 Special Constable refusing or ne. 99 Bye Laws in force at commence

glecting to serve or take oath ; ment of Act, to be in force till penalty.

repealed by Council. 79 In Counties not before incorpora. 100 Bye Laws and Regulations of

ted, present County and Parish Sessions relating to matters over Officers to act till others are ap. which Council have control, to pointed by County Council.

be in force until repealed by 80 All persons heretofore liable to Council.

account to Sessions, to account !01 Copy of Bye Laws of Sessions or to County Council.'

Council, certitied by Secretary81 Revisors, how appointed; proviso. Treasurer, to be evidence. 82 Ex officio Councillors not to take 102 Council may impose fines for

part in appointnient of Parish breach of Bye Laws, and inOfficers; proviso.

prisonment. County Accounts.

General Provisions. 83 Secretary-Treasurer to deliver his 10

103 Fines, &c., how applied.
Accounts to Auditor one week
before January meeting.

104 Time within which actions 84 Duty of Auditor.

against Officers under this Act 85 Warden to publish in month of

shall be commenced.

105 Defendant may plead general January or February a statement of Receipts and Expenditure for

issue and give special matter in

evidence; when verdict may be past year. 86 Secretary-Treasurer to enter in a ,

given for defendant. book all Bye-Laws, &c. of Coun

· 106 All detts due from or to the cil, and to take charge of County

County or Sessions, to be paid or Parish money,property, books,

by or become vested in Munici

pality. documents, &c. 87 What constitutes proof of appoint."

mint 107 Contracts to be signed by Warment of Parish or County Officer.

den, and countersigned by Sec'y. 88 Secretary-Treasurer giving false 108 When orders for assessment may

Treasurer. certificate ; penalty. 89 Officer acting shall be deemed to u

be made by Council.

109 Contingencies of County; assess. have taken oath of office ; excep"

ment for, how ordered. tion. 90 Property, money, &c. in hands of 110 Parishes indebted to MunicipalCouncillors or Officers, to whom

ity, assessment may be ordered to he delivered.

for amount, in whole or in part, 91 Duty of Overseers of Poor;

on Parish ; Warrant therefor.

"; 111 Salaries to County Officers, out penalty for neglect.

of what fund paid. 92 Duty of County and Parish Officers

112 Allowance to Sheriff, out of what on requisition as to rendering Accounts, paying over money,

fund paid.

Y: 113 What other amounts chargeable &c. For disobedience Warrant

to Contingent Fund. may issue. 93 If Council adjourn before Warrant 114

orrent 114 Allowance to special Constables, is executed, Justice may take re- u.

how paid. cognizance; in default of recog.

115 Council may offer reward for. ap. nizance, Justice to commit.

prehensions, how paid. 94 When Council may take recogni.

;. 116 Parish lines,expenses of running. ance.

County Property. 95 Order of Council for payment by 117 County may order assessment for

Officer of money unlawfully ap- building or repairing County plied or retained ; proceedings buildings; assessment, how paid. thereon.

118 County may assess for erection Power to make Bye Laws.

of building with Safes, for safe 96 Council authorized to make Bye keeping of Records,&c.; amount.

Laws; objects for which Bye 119 Council may enter into contracts Laws may be made.

for erection, &c. of such Public 97 Copy of Bye Laws to be transmit- Building.

ted to Provincial Secretary's 120 Buildings erected under Section Office if required.

118, to what use applied.

« PreviousContinue »