patent to be 4752. The Lieutenant-Governor in Council may from time Tariff of fees to time establish, alter, and regulate the tariff of fees to be for letterspaid on applications for letters-patent and supplementary made. letters-patent under this section, may designate the department or departments through which the issue thereof shall take place, and may prescribe the forms of proceeding and record in respect thereof, and all other matters requisite for carrying out the objects of this section. 2. Such fees may be made to vary in amount, under any Fees may. the rule or rules as to the nature of the company, amount of vary. capital, and otherwise, that may be deemed expedient. 3. No step shall be taken in any department towards the Letters-issue of any letters-patent or supplementary letters-patent patent not to issue until under this section, until after the amount of all fees therefor fees are paid. shall have been duly paid. 31 V., c. 25, s. 54. See Order in Council of the 27th January, 1871, published with Statutes of 1882, page X. bills before 4753. No bill for incorporating a company for any of the Like fees to purposes set forth in article 4696, or for increasing or decreas- be paid on ing the capital stock of any such company, or for changing its Legislature. name, shall be introduced or proceeded with, either in the Legislative Council or in the Legislative Assembly until there has been paid in, to the credit of the Treasurer, for the public uses of the Province, over and above whatever may be required to be paid by way of fee or for printing or otherwise, under the rules of the Legislative Council or Legislative Assembly, a sum equal to what would have to be paid under the order or orders in council in force upon letters-patent or supplementary letterspatent, as the case may be, if the privileges sought by means of such bill were sought by means of letters-patent or supplementary letters-patent under this section. 2. Should such bill fail to become law, so much only of such Portion to be amount, not exceeding one-third thereof, as may be remitted refunded in by joint resolution of the Legislative Council and Legislative Assembly, may be repaid to the depositor. certain cases. 3. Should such bill be so amended as to make the amount If bill payable therefor as amended, other than what was so payable amended. therefor as introduced, any excess of payment shall be repaid or any required further payment made good, as the case may be. 4. No such bill shall be presented for sanction to the Lieuten- No such bill ant-Governor, unless there is endorsed thereon a certificate to be sanctioned withby the clerks of the Legislative Council and Legislative out certificate Assembly respectively, that they are officially assured of the of payment of fact that all payments hereby exigible have been duly made fees. upon the bill. 31 V., c. 25, s. 55. FORM A Public notice is hereby given that, under the joint stock com panies' incorporation act, letters-patent have been issued under dollars each.. Dated at the office of the Secretary of the Province of Quebec, this day of 31 V., c. 25, Schedule A. A. B., FORM B. Public notice is hereby given that, under the joint stock companies' incorporation act, supplementary letters-patent have been this day issued under the Great Seal of the Province of Quebec, bearing date the day of whereby the total capital capital stock of (here state the name of the company) is increased (or decreased, as the case may be) from dollars to dollars (or whereby the name of the said company has been changed to that of ) Dated at the office of the Secretary of the Province of Quebec, this day of A. B., 31 V., c. 25, Schedule B; 44-45 V., c. 11, s. 3. SECTION III. Declaration to be made. By whom signed. DECLARATION TO BE MADE BY INCORPORATED COMPANIES. 4754. Every incorporated company, carrying on any labor, trade or business in this Province, (except banks) shall cause to be delivered to the prothonotary of the Superior Court in each district, or to the registrar of each registration division in which it carries on or intends to carry on its operations or business, a declaration in writing to the effect hereinafter provided, made and signed by the president, when its chief office or principal place of business is in this Province, or by the principal manager or chief agent in the Province, when it has only branches or agencies therein. 2. Such declaration shall state the name of the company, Contents of where and how it was incorporated, the date of its incorpora- declaration. tion, and where its principal place of business within the Pro vince is situated. 3. Such declaration shall be in the form or to the effect Form of of form A of this section, and shall be produced by the declaration. president or the principal manager or chief agent, as the case may be, of every such incorporated company, and filed within. sixty days after commencing operations and business. 4. When and so often as any change takes place in the name New declaraof the company, or in its principal place of business in the Pro- tion. vince, a declaration thereof shall in like manner be made, within sixty days from such change. 40 V., c. 15, ss. 1. 2. 3, 4, Delay. and 5; 45 V., c. 47 s. 1. 4755. The prothonotary and the registrar shall enter such Entry of declaration in the books kept by them respectively for the declaration. registration of declarations of partnerships. 40 V., c. 15, s. 6. 4756. The prothonotary and the registrar shall be entitled Fee. to a fee of one dollar for the entry of every declaration made under the authority of this section. 40 V., c. 15, s. 7. 4757. A failure to make and file the declarations required Fine upon by article 4754 renders each of the incorporated companies above mentioned liable to a fine of four hundred dollars, and the president, principal manager, or chief agent, as the case may be, to a fine of two hundred dollars. 45 V., c. 47, ss. 2 and 3. and upon 4758. Should the declaration be made and filed after the Proviso. expiration of the sixty days above mentioned and before any suit for a contravention of this section has been instituted, then the company making and filing such declaration, its president, principal manager or chief agent, as the case may be, shall no longer be deemed to have been in default. 40 V., c. 15, s. 5. 4759. The fines imposed by this section are recoverable, Recovery of before any court having jurisdiction in civil cases to the amount fines. of such fine, by any persons suing as well in his own name as in the name of Her Majesty or by the Attorney-General in the name of Her Majesty. 45 V., c. 47, s. 4. 4760. One-half of all fines recovered belongs to the party To whom suing for the same, and the other half to the Crown, and forms such fines belong. part of the consolidated revenue fund of the Province, unless the suit be brought on behalf of the Crown only, in which case the whole of the fine shall belong to the Crown for the uses aforesaid. 45 V., c. 47, s. 5. The (name) Company was incorporated in (name of the country, province, &c.,) by (Letters-Patent or Statute, giving, title &c.,) granted, (or sanctioned or registered, as the case may be,) on the (date) Its principal place of business in the Province of Quebec is at (name of town, &c.) In testimony whereof, this declaration in duplicate is made and signed by me, (name, address and calling) the (president, principal manager, chief agent, as the case may be) of the said company, at (name of place) on the (date) 40 V., c. 15 schedule A. SECTION IV. Shares being multiples of one hundred SPECIAL PROVISIONS RESPECTING CERTAIN COMPANIES AND CORPORATIONS. §1.-Powers of certain companies to divide their capital stock and to acquire and hold real estate. 4761. It is lawful for the directors of any company, of which the capital stock is divided into shares being a multiple of one hundred, to pass a by-law declaring that the capital stock of such company shall be divided into shares of one into one hun- hundred dollars each, and, from and after the passing of such dollars may be divided dred dollar shares. British, or Canadian by-law, such capital stock shall be divided into shares of one hundred dollars each. 36 V., c. 25, s. 1. 4762. Every company incorporated and existing in Great United States, Britain, in the United States of America, or in Canada, has the corporations right to acquire and hold any lands and real estate in this Province, for its occupation or the prosecution of its business only, any law to the contrary notwithstanding. 36 V., c. 25, s. 2; 51-52 V., c. 51, s. 1. may hold lands in the Province. Proviso as to certain corporations. 4763. No such corporation formed for the purpose of promoting art, science, religion, charity, or any other like object, not involving the acquisition of gain by the corporation or by the individual members thereof, shall, without the sanction of the Lieutenant-Governor in Council, hold more than ten acres of land; but the Lieutenant-Governor in Council may, by license under the hand of the Provincial Secretary, empower any such corporation to hold lands in such quantity and subject to such conditions as he shall think fit. 36 V., c. 25, s. 2. §2.-Powers of companies incorporated under Imperial Statutes. rial statutes under letters 4764. In case a corporation, incorporated under the laws Corporations of the Imperial Parliament of Great Britain and Ireland, carries under Impeon or desires to carry on any of its business, within the Prov- may exercise ince of Quebec, the Lieutenant-Governor in Council may, by their powers, letters-patent under the Great Seal of the Province, grant patent, obto such company, and such company may thenceforth use, tained for exercise and enjoy, within the Province, any powers, privileges that purpose. and rights set forth in the letters-patent, as desired in or for carrying on the business of the company, which it is within. the authority of the Lieutenant-Governor in Council to grant to a company under section second of this chapter. 43-44 V., c. 38, s. 1. such letters patent are 4765. Such letters-patent shall not be issued, until such Conditions corporation has deposited in the office of the Provincial Secre- upon which tary a true copy of the act of parliament, charter or other instrument, incorporating the company, certified in the manner issued. which may be satisfactory to the Lieutenant-Governor in Council. 43-44 V., c. 38, s. 2. 4766. The letters-patent, referring to such act, charter or What constiother instrument as aforesaid, or a copy of such act, charter tutes sufficient proof in or other instrument aforesaid, certified under the hand of the all courts. Provincial Secretary, shall be sufficient evidence, in any proceeding in any court in this Province, of the incorporation of such company. 43-44 V., c. 38, s. 3. §3.-Powers of companies incorporated by special statute to increase their capital. statutes. 4767. The directors of any company, incorporated by Increase of special statute, may, if they see fit, at any time after the whole capital of companies, capital stock of the company has been allotted and paid in, but incorporated not sooner, make a by-law for increasing the capital stock of by special the company to an amount which they may consider requisite in order to the due carrying out of the objects of the company. 2. Such by-law shall declare the number of the shares of the new stock, and may prescribe the manner in which the same shall be allotted; and, in default of its so doing, the control of such allotment shall be held to vest absolutely in the directors. 45 V. c. 48, s. 1. By-law for that purpose, what to con tain. by-law. 4768. No by-law, for increasing the capital stock of the Coming into company, has any force or effect whatever, until after it force of such has been sanctioned by a vote of not less than twothirds in amount of the shareholders, at a general meeting of the company duly called for considering the same, and has been afterwards confirmed by the Lieutenant-Governor in Council. 45 V., c. 48, s. 2. |