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ters 53 and 54 of the Revised Statutes of Nova Scotia, fourth series, of the other part; and the title to said lands is hereby vested in said corporation, save and except those lots which have already been sold out of said lands by the Amherst Cemetery Company for burial purposes. The said corporation shall hold the above described lands subject to the trusts in the said above recited indentures, and for the uses therein expressed, and said corporation shall take such measures as may be necessary for the proper care, protection, improvement, ornamentation and proper management of said lands, and all other lands which may hereafter be acquired by the corporation for cemetery purposes.
3. The corporation shall have power to purchase, receive and hold real and personal estate, and enclose, improve and ornament the same for the purposes of this act.
4. The corporation shall consist of trustees and lot holders or their legal representatives; and all persons owning a lot in the cemetery shall be members of the corporation.
5. The corporation may sue or be sued in its corporate name, and may defend and prosecute all suits at law or in equity as may be necessary in connection with or relative to the said cemetery or any part thereof.
6. The affairs of the company shall be managed by trustees. The number of trustees shall be seven, and the persons named in the first section of this act shall be trustees until their successors are appointed at the first meeting of the company to be held on such date as the said provisional trustees shall appoint.
7. The trustees shall be elected annually by a majority of lot holders present at the annual meeting; the retiring trustees shall be eligible for re-election, and shall hold their office until their successors are chosen.
8. The trustees shall appoint one of their number president, and shall also appoint a secretary-treasurer,
who shall keep the funds and accounts of the corporation, and render a detailed account at the annual meeting of all receipts and expenditures, keep a plan of the lots with the name of each lot holder indicated thereon, and perform such other duties as the trustees may direct.
9. The corporation may open such roads as may Cemetery be necessary through the cemetery grounds.
10. The trustees, in laying out lots, avenues and Trustees paths for the general improvement of the whole, shall have power to remove graves, but with the consent and under the direction of friends of the deceased, if any be found.
11. Any person owning a lot in the cemetery may Owner fence and improve the same, erect monuments, set out trees and plants therein, subject to the by-laws of the corporation and the approval of the trustees; but it may be lawful for the trustees to remove any offensive or improper monument, or any nuisance, and charge the cost of such removal to the lot so relieved.
owners may vote.
12. All persons owning lots in the cemetery shall Lot be entitled to vote at any meeting and be eligible to office; and no person shall have more than one vote.
ings to be
13. The trustees shall give notice of the time and Notice of meetplace of all meetings of lot holders by posting up the given. same in not less than five public places in the Town of Amherst aforesaid, at least ten days before the date fixed for such meeting.
14. The cemetery ground or private lots shall not Liability for be liable for the debts of the corporation or individual members thereof, but lot holders may dispose of their lots by written transfer.
15. The corporation may receive any gift, devise Corporation or bequest of money or other property, and shall gifts, etc. apply the same in accordance with the terms of the said gift or devise.
16. A majority of the lot holders at any regular meet- Power to ing, or any special meeting called for that purpose, shall assess them
lot sales, how expended.
Corporation meeting to be called.
Secretary to keep a lot plan.
Trustees to submit accounts.
Trustees to keep record book.
have power to assess themselves ratably in proportion to the number and dimensions of the lots held by them, for any money required for protecting, enlarging, fencing or improving said cemetery, or for any other necessary purpose connected with the management thereof, and the said company, in its corporate name, may sue for and recover the amount of such assessment as a private debt, from any lot holder or from any heir-at-law of any deceased lot holder, provided that no larger sum than three dollars shall be assessed against any one lot holder or heir in any one year.
17. All moneys and funds accruing from the sales of such lots, or otherwise, shall be expended for cemetery purposes by such trustees at their own discretion, or as may be directed by the vote of a majority at the annual meeting of the company, or at any special meeting called for the purpose in the manner above provided.
18. As soon as convenient, after the passing of this act, a general meeting of the corporation shall be called by the above-named corporators, for the transaction of the business of the corporation.
19. The secretary shall keep a plan, showing the lots of the cemetery, with the name of the owner or occupier.
20. At each annual meeting the trustees shall submit a full and true account of all the moneys received and expended by them during the year then expired.
21. The trustees shall record in a book kept for that purpose all their by-laws and proceedings, and every lot holder shall have access to such book for the purpose of searching and making extracts there from, without charge.
22. Any person who shall wilfully destroy any property in the cemetery of the corporation, or shall therein play at any game of sport, or commit any nuisance, shall be punished by a fine on summary
conviction of not less than four dollars, nor more than forty dollars, or committed to the common gaol for the space of not more than sixty days, and such offender shall also be subject to an action of trespass or damage.
23. The trustees, in planning the cemetery, shall lay off and keep in reserve and in good order a piece of ground for the burial of the poor, and also a piece of ground for the burial of strangers, and all graves in such portion of the cemetery shall be marked by a stone or iron stake with a number cut on it, and such number shall be recorded in the books of the company.
24. The corporation shall have power to make By-laws. such by-laws, not inconsistent with this act or the laws of the Province, as may be deemed necessary for its purposes, subject to the approval of the Governorin-Council.
25. If any person shall give the corporation a sum of money, not less than one hundred dollars, to be deposited in a chartered bank upon condition that the interest accruing thereon shall annually be applied or used for the perpetual care of such persons' grave or lot in said cemetery after the decease of said person, then in such case it shall be the duty of the trustees and their successors in office to place said sum of money in one of the chartered banks and apply the interest accruing therefrom annually towards the care and improvement of the grave or lot of such person as aforesaid.
26. All deeds or conveyances of lots shall be in Deeds, how he name of the company, and shall be signed by the president and secretary, but no corporate seal shall be necessary. .
27. When any lot has been sold by the corporation Registration. for a burial site the conveyance shall not require to be registered for any purpose whatever, and shall not be affected by any act respecting the registry of deeds, nor shall any judgment, mortgage or encumbrance subsist on any lot so conveyed.
Be it enacted by the Governor, Council, and Assembly, as follows:
1. John Gregory, Rufus Hale, Henry H. Crerar, W. Huntley Macdonald, W. Perley Cunningham and Lenard C. Archibald, all of Antigonish, in the County of Antigonish, and their associates and successors, are hereby constituted a body corporate under the name of "The Antigonish Rink Company, Limited," hereinafter called "the Company."
2. The object of the company shall be to build, acquire and own a building suitable for a skating and curling rink within the town of Antigonish aforesaid, and such real estate, not exceeding in value the sum of five thousand dollars, and such other property, equipment and fittings as may be necessary for the purposes of the said company.
Power to hold 3. The company may purchase, acquire, lease and hold real and personal property as shall be necessary for the purposes of the company as defined above, and from time to time may sell, convey, mortgage, rent or lease all such property of the said company, or any part thereof, and may execute any documents or papers in connection therewith under the hands and seals of the president and secretary of the company for the time being, and such documents or papers shall not be invalid by reason of there being no seal of the company attached thereto.
Power to sue. 4. The company may sue and be used in its corporate name.