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W.T., c. 61, s. 98.

OO. Nothing in this Ordinance contained shall prevent
any person from constructing any works for the supply of
gas or water to his own premises. N.W.T., c. 61, s. 99.



Exemption
from distress
and seizure.



lOO. Neither the service nor the connecting pipes, wires
or conductors of the company, nor any metres, lustres, lamps,
pipes, gas fittings, electric fittings, or any other property
of any kind whatsoever of the company shall be subject to
or liable for rent nor liable to be seized orattached in any
way by the possessor or owner of the premises wherein the
same may be nor be in any way whatsoever liable to any
person for the debt of any person to and for whose use or
the use of whose house or building the same may be sup-
plied by the company notwithstanding the actual or appa-
rent possession thereof by such person. N.W.T., c. 61, s.
100.



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1902 JOINT STOCK COMPANIES Cap, 67 477

PROHIBITIONS AND PENALTIES.

lOl. If any person supplied by the company with gas, Nonpayment
water or electricity neglects to pay the rent, rate or charge ^^ ^^' ^^'
due to the company at any of the times fixed for the pay-
ment thereof the company or anyone acting under its
authority on giving forty-eight hours' previous notice to
the person supplied may stop the supply of gas, water or
electricity from entering or being supplied to the premises
of the person in arrear as aforesaid by cutting off the service
pipe or pipes, wires or conductors or by such other me^ns
as the company or its officers see fit' and may recover the
rent or charge due up to such time together with the ex-
pense of cutting off the gas, water or electricity as the case
may be, in any competent court notwithstanding any con-
tract to furnish for a longer time. N.W.T., c. 61, s. lOl.

lOa. In all cases where the company may lawfully cut Entry of
off and take away the supply of gas, water or electricity from l^!^^^
any house, building or premises the company, their agents ofrom^y.
or their workmen upon giving forty-eight hours' previous
notice to the person in charge or the occupier may enter
into the house, building or premises between the hours of
nine o'clock in the forenoon and five o'clock in the after-
noon making as little disturbance and inconvenience as
possible and may remove and take away any pipe, meter,
cock, branch, lamp fitting or apparatus the property of and
belonging to the company and any servant duly authorized
by the company may between the hours aforesaid enter any
house into which gas, water or electricity have been taken
or supplied for the purpose of repairing and making good
any such house, building or premises or for the purpose of
examining any meter, pipe, apparatus or fitting belonging
to the company or used for their gas, water or electricity
and if any person refuses to permit or does not permit the
servants and officers of the company to enter and perform
the acts aforesaid the person so refusing or obstructing shall
incur a penalty to the company, for every such offence, of
|20 and a further penalty of $4 for every day during which
such refusal or obstruction continues, to be recovered with
costs as hereinafter provided. N.W.T., c. 61, s. 102.

103« Whore any customer discontinues the use of the Removal of
gas, or other means of lighting, or heating or water or elec- ^hOTTaer^oe
tricity furnished or supplied by a company incorporated discontinued.
under this Ordinance or the company lawfully refuses to
continue any longer to supply the same, the officers and
servants of the company may at all reasonable times enter
the premises in or upon which such customer was supplied
with gas, or other means of lighting or heating, or water
or electricity for the purpose of removing therefrom . any
fittings, machines, apparatus, meters, pipes, wires, conduc-



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478



Cap. 61



OONSOLIDATBD OBDINANOES



0.0.



tors or other things, being the property of the company, in
or upon such premises and may remove the same therefrom
doing no unnecessary damage. N.W.T., c.'61, s. 108.

ABBITBATIONS.

Expropriation 1©4« If it is found neccssary or deemed proper to con-
duct any of the pipeS; wires or conductors or to carry any
of the works of the company through the lands of any
person lying within or within ten miles of the locality for
supplying which the company is incorporated and the con-
Appointment sent of such person cannot be obtained for that purpose the
of arbitrators, company may take or use the land required and nominate
and appoint a disinterested person and the owner or owners
of the land taken or damaged may nomininate and appoint
another, which two persons so appointed shall nominate
and appoint a third person and the said three persons shall
act as abitrators in the matter between the company and
the owner or owners of the property.

(2) Nothing in this section shall authorize the company
to take or use any house, land or property in contravention
of section 91 of this Ordinance. N.W.T , c. 61, s. 104.



Powers and
duties of
arbitrators.



Payment of
award.



Failure to

apfjoint

arbitrator.



105« The said arbitrators shall examine all witnesses and
administer all necessary oaths or declarations to them and
the said arbitrators or a majority of them shall award, deter*
mine and adjudge what sum or sums of money respectively
shall be paid to the owner or owners of the property so
taken or damaged by the company. N.W.T., c. 61, 8. 106.

]06« The sum or sums of money so awarded shall be
paid within three months after the date of the award and
in default of such payment the owner or owners may
resume the possession of his property with all the righto
appertaining thereto but the company shall be held liable
to such owner for any damage it may have done to the
property. N.W.T., c. 61, s. 106.

107. In the event of the company or the owner of such pro-
perty failing to appoint an arbitrator after eight days' notice
from one of the said parties to the other or of the said two
arbritrators failing to appoint a third, a judge of the Terri-
torial Court, may appoint a third arbitrator and the decision
of the said three arbitrators or a majority of them shall l>e
binding on all parties concerned. N.W.T., c. 61, s. 107.



ENFORCEMENT OF PENALTIES.



Proceedings
for penalties



108« Unless otherwise herein provided proceedings for
fines, penalties and forfeitures imposed by this Ordinance
may be taken by the company or by any person whose pro-



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19C2 JOINT STOCK COMPANIES Cap. 6*7 4*79

perty is injured, to and for the use of the company or such
I>er8on, either in the manner hereinbefore directed or before
a justice of the peace in a summary way. N.W.T., c. 61,
S.108.

FEES FOR LETTERS PATENT.

lOO. In addition to the cost of all necessary advertising Fees on issue
in the Tukon Official Gazelle the following fees shall be ^^nt"
paid on application for letters patent of incorporation and
supplementary letters patent under this Ordinance :

1. When the capital stock of the company is |400,000
and upwards the fee to be |500 ;

2. When the capital stock of the company is $200,000
and upwards and under $400,000 the fee to be $400 ;

8. When the capital stock of the company is $100,000
and upwards and under $200,000 the fee to be $800 ;

4. When the capital stock of the company is $40,000
and upwards and under $100,000 the fee to be $200 ;

5. When the capital stock of the company is over
$10,000 and under $40,000 the fee to be $160 ;

6. And when the capital stock of the company is $10,000
or under the fee to be $100 ;

*7. On application for supplementary letters patent the
fees to be one half of that charged on the original letters
patent. N.W.T., c. 61, s. 109. No. 10 of 1900, s. 6.



SCHEUULK

FORM A.

(Seclion 15.)

Public notice is hereby given that under The Companies*
Ordinance letters patent have been issued under the seal of
the Yukon Territory bearing date the day of

incorporating (here slale name, address
and calling of each corporalor named in the letters patent),
for the purpose of (here slate the undertaking of the company
as set forth in the letters patent) by the name of (here state the
name of the company as in the letters patent) with a capital
stock of dollars divided into shares

of dollars.

Dated at Dawson this day of 19

A. 5.,
Territorial Secretary.



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480 Cap. 57 consolidated ordinances C. 0.

FORM B.

(Section 20.)

Public notice is hereby ffiven that under The Companies'
Ordinance supplementary letters patent have been issued
under the seal of the Yukon Territory bearing date the
day of , whereby

the undertaking of the (here insert name of the company) has
been extended to include (here set out the other purpose or
objects mentioned in the supplementary letters patent,)
Dated at Dawson this day of 19

A. 5.,
Territorial Secretary.



FORM C.

>
(Section 21.)

Public notice is hereby eiven that under The Companies'
Ordinance supplementary Tetters patent have been issued
under the seal of the Yukon Territory bearing date the
day of , wnereby the

total capital stock of (here state the name of the company) is
increased (or reduced as the case may be) from
dollars to . dollars.

Dated at Dawson this day of 19

A. B.,
Territorial Secretary,



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1902 INCORPORATED COMPANIES Cap. 68 481



CHAPTER 58.



An Ordinance to Authorize the Changing of the
Names of Incorporated Companies.



!• When any incorporated company within the legislative Commiiwioner
authority of the Council of the Territory whether incorpor- ^»y change
ated under a special or a general Ordinance is desirous of Company.
changing its name the Commissioner upon being satified
that the company is in a solvent condition, that the change
desired is not for any improper purpose and is not otherwise
objectionable and that the notice hereafter provided for has
been duly given may by Order change the name of the com-
pany to some other name set forth in the said Order.
N.W.T., c. 62, s- 1.

*• The company shall give by notice published in two Publication
consecutive issues of the lukon Official Gazette and in two app^^.fn to
insertions of some other newspaper published in or near the change name.
locality in which the operations of the company are carried
on during the time within which such notice is appearing
in the said gazette, notice of the intention to apply for the
change of name and shall state the name proposed to be
adopted. N.W.T., c. 62, s. 2.

8. In case the proposed new name is considered objec- Commissumer
tionable the Commissioner may if he thinks fit change the °^*^J^"^®
name of the company to some other unobjectionable name SJ^T^^^
without requiring any further notice to be given. N.W.T.,
c. 62, s. 3.

4. Such change shall be conclusively established by the Notice in
insertion in the Yukon Official Oazete of a notice thereof by ^^ ^l^^
the Territorial Secretary for which a fee of $5 shall be pay- name.°^^"
able. N.W.T., c. 62, s. 4.

5- No contract or engagement entered into by or with the No contract,
company and no liability incurred by it shall be affected by b^chan^e^^
the change of name ; and all suits commenced by or against
the company prior to the change of name may be proceeded
with against or by the company under its former name.
N.W.T., c. 62, s 6.



81— Y. o

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482



Cap. 59



C30NS0LIDATED ORDINANCES



CO,



CHAPTER 59.



An Ordinance respecting Foreign Corporations.



SHORT TITLE.

Short title. !• This Ordinance may be cited as ** The Foreign Com-

panies Ordinance.'' N.W.T., c. 63, s. 1.



CorporationB
to obtain
license before
doing businees



Certain
documents to
be fUed with
Territorial
secretary.

Power of
attorney.



Evidence of
license.



FOREIGN COMPANIES, LICENSES, STATEMENTS, ETC.

2. Any company, institntion or corporation incorporated
otherwise than by or under the authority of an Ordinance
of the Territory or an Act of the Parliament of Canada de-
siring to* carry on any of its business within the Territory
may (through the Territorial Secretary) petition the Com-
missioner for a license so to do and the Commissioner may
thereupon authorise such company, institution or corpora-
tion to use, exercise or enjoy any powers, privileges and
rights set forth in the said license.

(2) No such license shall be issued until such company,
institution or corporation has deposited in the office ol the
Territorial Secretary a true copy of the Act, charter or other
instrument incorporating the company, institution or cor-
poration verified in the manner which may be satisfactory
to the Commissioner together with a duly executed power of
attorney empowering some person therein named and resid-
ing in the Territory to act as its attorney and to sue and be
sued, plead or be impleaded in any court and generally on
behalf of such company, institution or corporation and
within the said Territory to accept service of process and to
receive all notices and for the purposes aforesaid to do
all acts and to execute all deeds and other instruments re-
lating to the matters within the scope of the power of at-
torney ; and such company, institution or corporation may
from time to time by a new or other power of attorney exe-
cuted and deposited as aforesaid appoint another attorney
within the Territory for the purposes aforesaid to replace
the attorney formerly appointed ; and notice of the grant-
ing of such license shall be given forthwith by the Terri-
torial Secretary in the official gazette.

(8) The license or any exemplification thereof under the
seal of the Territory shall, be sufficient evidence in any pro-
ceeding in any court of the Territory of the due licensing of
the company, institution or corporation as aforesaid.



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1902 FOREIGN CORPORATION Cap. 59 488

(4) A company, institution or corporation licensed under ^^ ,
this section shall on or before the thirty-first day of Janu- be fu^hed.
ary in every year during the continuance of such license
make a statement to the Territorial Secretary verified by
affidavit containing, as of the thirty-first day of December
preceding, a summary of the following particulars :

(a) The corporate name of the company, institution or

corporation ;

(b) The manner in which the company, institution or

corporation is incorporated ;

{c) The place where the head office of the company,
institution or corporation is situated ;

(d) The place or places where or from which the under-
taking of the company, institution or corporation
is carried on ;

{e) The name, residence and post office address of the
president, the secretary and the treasurer of the
company, institution or corporation ;

if) The name, residence and post office address of each
of the directors of the company, institution or cor-
poration ;

ig) The date upon which the last annual meeting of
the company, institution or corporation was held ;

{h) The amount of the capital of the company, institu-
tion or corporation and the number of shares into
which it is divided ;

{{) The number of shares subscribed for and allotted ;

(j) The amount of stock (if any) issued free from call ;
if none is so issued, the fact to be stated ;

<*) The amount issued subject to call ;

(l) The number of calls made on each share ;

(m) The total amount of calls received ;

in) The total amount of calls unpaid ;

(o) The total amount of shares forfeited ;

{p) The total amount of shares which have never been
allotted or subscribed for ;

{q) The total amount for which shareholders of the*
company, institution or corporation are liable in
respect of the unpaid stock held by them ;

(f) In a concise form any further information respect-
ing the affairs of the company, institution or cor-
poration as the directors consider expedient ;

(5) The summary in the next preceding subsection summary to
mentioned shall be verified by the affidavit of the president be verified.
and secretary and if there is no president or he is unable to
make the same by the affidavit of the secretary and one of
the directors, and if there is no secretary or he is unable to
make such affidavit by the affidavit of the president and
one of the directors and if there is neither a president or
secretary or they are both unable to make such affidavit, by
the affidavit of two of the directors and if the president or

81 J— Y. o.



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484 Cap. 59 consolidated <)Rdinances C O.

secretary does not make or join in the affidavit the reason
therefor shall be stated in the substituted affidavit.
Penalty for (6) Any Company, institution or corporation making de-
® * *■ fault in complying with the provisions of this section shall

be liable to a penalty of |50 for each and every day daring
which default continues; and every director, manager,
secretary, agent, traveller or salesman of such company,
institution or corporation who transacts within the Terri-
tory any business whatever for such company, institution
or corporation shall, for each day upon which he so transacts
such business, on summary conviction thereof before a
justice of the peace incur a penalty of $50, such penalties
to belong to the general revenue fund of the Territory.
Commiflsioner (7) The Commissioner may by Order (a notice of which
OT^revoke^'^ shall be published by the Territorial Secretary in the
license. Yukofi Official Gazette or otherwise as may be prescribed in

the said Order) suspend or revoke and make null and void
any license granted under this section to any company,
institution or corporation which refuses or fails to comply
with any of the provisions of this section and (notwith-
standing such suspension or revocation) the rights of
creditors of the company, institution or corporation shall
remain as at the time of such suspension or revocation.
N.W.T., c. 62, s. 2.

Amount of 3* Every company, institution or corporation licensed

Spftafto under this Ordinance shall have written or printed on its
appear on prospcctuses, noticcs, advertisements and other official
all documents, publications and in all bills of parcels, invoices and receipts
of the company, institution or corporation immediately after
or under the name of such company, institution or corpora-
tion the amount of its paid up capital and every such com-
pany, institution or corporation which refuses or neglects
to comply with this section shall be liable to a penalty not
exceeding $20 for each such offence ; and every director^
manager or agent of any company, institution or corpora-
•.tion who knowingly authorizes or permits such default
shall on summary conviction thereof be liable to the like
penalty, such penalties to belong to the general revenue
fund of the Territory. N.W.T., c. b2, s. 3 ; No. 4 of 1901,
s. 2 and 8.

4. The Commissioner may from time to time appoint a
person with salary to prosecute any company, institution or
corporation making default in complying with the pro-
visions of this Ordinance. No. 4 of 1901, s. 4.

5. No license shall be issued to any company unless such
company has paid to the Territorial Treasurer the proper
fee according to the tariff of fees in the schedule to this
Ordini^ce provided. No. 6 of 1902, s. 4.



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1902 FOREIGN COBPORATION Cap. 69 485

•• No company requiring a license under this Ordinance
shall carry on any part of its business in the Yukon Terri-
tory until it has been duly licensed under this Ordinance.
No. 6 of 1902, 8. 6.

T. Any such company carrying on business without
being duly licensed, and any company, firm, broker or other
persons carrying on business as a representative or on
behalf of such company shall be liable on summary con-
viction to a penalty of $50 for every day on which such
business is carried on in contravention of this section, and
proof of compliance with the provisions of this section
shall at all times be upon the accused.

(2) The taking orders for or the buying or selling goods,
wares and mechandise by travellers or by correspondence
if the company has no resident agent or representative, and
no office or place of business in the Yukon Territory, the
onus of proving which shall in any prosecution under this
section rest on the accused, shall not be deemed to be carry-
ing on business within the meaning of this Ordinance.
No. 6 of 1892, s. 6.

S. No such company shall while unlicensed, be capable
of maintaining any action or other proceeding in any court
in respect of any contract made in whole or in part in the
Territory, in the course of or in connection with business
carried on without a license contrary to the provisions of
section 6 hereof.

(2) In any action or proceeding the burden of showing
that it is licensed shall be upon the company. No. 6 of
1902, s. *7.



SCHEDULE.— SEC. 5.

TARIFF OF FEES.

If the capital stock is $400,000 or more 1600.00

If the capital stock is $200,0t0 or more, and less

than $400,000 400.00

If the capital stock is $100,000 or more, and less

than $200,000 300.00

If the capital stock is $40,000 or more, and less than

$100,000 200 00

If the capital stock is $10,000 or more, and less

than $40,000 150 00

If the capital stock is less than $10,000 100.00



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486



Cap. 60



CONSOLIDATED ORDINANCES



CO.



CHAPTER 60.



Disposition
of stock.



Limitation of
shareholders'
liability.



An Ordinance respecting Mining Companies.

!• Any company incorporated by letters patent under
The Companies' Ordinance for mining purposes may from
time to time dispose of shares and stock at such times to
such persons and on such terms and conditions and at such
premium or discount or in such manner as the directors
think advantageous to the company ; provided however
that no by-law for the reduction or sale of stock at any
greater discount or at any less premium than what has
been previously authorised at the general meeting of the
shareholders shall be valid or acted upon until the same
has been confirmed at a general meeting. N.W.T., c. 64,
s. 1.

2. Where application is hereafter made to the Commis-
sioner for the incorporation by letters patent under said
Ordinance of any company for mining purposes, such let-
ters patent may if the petition of the applicants so requires
contain a provision that no liability beyond the amount
actually paid upon stock in such company by the sub-
scribers thereto or the holders thereof shall attach to such
subscriber or holder. N.W.T., c. 64, s. 2.

Certificates 8« Where letters patent incorporating any such company
^J^^„^^*have been issued containing the provision mentioned in
section 2 of this Ordinance every certificate of stock issued
by the company shall bear upon the face thereof distinctly
written or printed in red ink after the name of the com-
pany the words "Issued under section 2 of An Ordinance
respecting Mining Companies and non-assessable." Where
such stock is issued subject to further assessments the
word ** assessable " or if not subject to further assessments
the word ** non-assessable " shall be used on such certificate
as the case may be. N.W-T., c. 64, s. 8.



"Nonpersonal
liability " to
appear on
documents
issued by
company.



4. Every mining company the charter of which contains
the said provision shall have written or printed on its char-
ter, prospectuses, stock certificates, bonds, contracts, agree-
ments, notices, advertisements and other official publica-
tions and in all bills of exchange, promissory notes, indorse-
ments, cheques and orders for money or goods purporting
to be signed by or on behalf of the company and in all bills
of parcels, invoices and receipts of the company immediately
after or under the name of such company and shall have
engraved upon its seal the words '* non personal liability,"
and every such company which refuses or neglects to corn-



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1902 MINING COMPANIES Cap. 60 487

ply with this section shall on summary conviction thereof
incur a penalty of $20 for each day during which such
words are not so kept written or printed ; and every direc-
tor and manager of the company who knowingly and wil-
fully authorizes or penriits such default shall on summary
conviction thereof be liable to the like penalty. N.W.T.,
c. 64, 8. 4.



nonpayment



5. In the event of any call or calls on stock in a com- Sole of



Online LibraryYukon TerritoryThe consolidated ordinances of the Yukon Territory, 1902,: being a ... → online text (page 52 of 77)