Judge and said arbitrators shall without delay simple. (h) on payment to the owner or occupier of Title in fee the damages so assessed, the Company shall have a title in fee simple, and clear of encumbrances and dower to the property so expropriated; ment of. (i) In case any property so sought to be Damages, payexpropriated is found to be encumbered by mortgage or judgment, or where the title thereto is in dispute, payment of the damages to the Prothonotary of the Supreme Court for the County in which the lands lie shall have the same effect as payment to the owner or occupier. When the damages are so paid to the said Prothonotary, a judge of the Supreme Court or a judge of the county court in which the lands lie, on the application of any person interested therein, may order the payment out of court of said damages to the person or persons shown to be interested therein; pier unascer (j) if the Company is in any case unable to Owner or occu ascertain the name of the owner or occupier of tained. any property, rights, easements or privileges sought to be expropriated under this section, or such person is absent from the Province of Nova Scotia, or is an infant, or such ownership shall be in dispute, the Governor-in-Council may order that publication of any notice required in proceedings taken under section 15, in a newspaper published in said county for the period of thirty days, shall be sufficient service of same and be taken instead of any other service by said section required, and the said notice need not state the name or names of the owner or owners. 16. The Company shall paint or affix, and shall Paint or affix. keep painted or affixed its name, with the word "limited" after it, or forming part of said name, on the outside of every office or place in which the business of the Company is carried on, in a conspicuous position, in letters easily legible, and shall have its When to commence operations. Act, when cease. name with the word "limited" after it or forming part of its name mentioned in legible characters in all notices, advertisements and other official publications of the Company, and in all bills of exchange, promissory notes, cheques, orders for money or goods, purporting to be drawn, made, signed, given or endorsed by or on behalf of the Company, and in all bills, invoices, receipts, letters and other writings used in the transaction of the business of the Company, and the Company shall be liable to a penalty of twenty dollars for every neglect or omission of the name of the Company with the word "limited" after it forming part of the said name, in any of the above cases. 17. This company shall not commence operations until fifty per cent. of its capital stock is subscribed and ten per cent. of such subscription is paid up. 18. This Act shall cease and determine if actual work is not commenced within three years from the date of its passing. Be it enacted by the Governor, Council, and Assembly, as follows: Incorporation. 1. Albert A. Barker, Merchant; Walter H. Tennant, Manufacturer; R. B. H. Davison, Sheriff; J. Ross Millar, Doctor of Medicine; and George H. Sterne, Barrister, all of Amherst, in the County of Cumberland, and their associates, successors and assigns, and such other persons as are or shall become stockholders of the Club hereby incorporated, according to the rules and by-laws thereof, are hereby crea ted and constituted a body corporate under the name of the "Amherst Gun Club," for the promotion and encouragement of trap shooting, gunning and fishing, and for the raising and protection of game and fish, or for any act or thing in connection therewith. and mortgage 2. The corporation may purchase, own, mort- May acquire gage or otherwise acquire, hold or enjoy real estate property. necessary or incidental to the objects for which the Club is created in the Town of Amherst, or at any other place or district in the Province of Nova Scotia, to the value of ten thousand dollars, or may lease any lands necessary or incidental to the objects for which the Club is created within the Province of Nova Scotia, at a yearly rental of not over five hundred dollars per year, and may mortgage, sell, lease, rent, assign or otherwise dispose of the same as may be deemed advisable and in the interests of the corporation, and may take over and hold any property now owned or held by what has heretofore been known as the Amherst Gun Club or by their trustees, in consideration of which this corporation shall assume any and all liabilities of the said heretofore existing Amherst Gun Club. 3. The said corporation may carry on the pre- Objects. servation and conservation and breeding and stocking under the laws of this Province of game on the land and fish in the lakes or streams owned or leased by the Club. Committee. 4. The general administration of the affairs of the Executive Club shall be vested in an executive committee that shall be elected from the members of the Club in accordance with its by-laws. paper. 5. The Club shall have and possess the power to Negotiable make or become parties to promissory notes, bills of exchange and negotiable paper; made, drawn, accepted or indorsed or otherwise, in accordance with any by-law of the Club made in that behalf, and every such instrument executed as aforesaid shall in no case require the seal of the Club to be affixed, and no officer of the Club so making or drawing or accepting or indorsing any such instrument for the Club shall be individually liable thereupon. bentures. Bonds and de- 6. For any or all of the purposes of the Club the Club is hereby empowered, from time to time, under a majority vote of the members of the Club which are represented in person at a meeting called for that purpose, or at any annual meeting of the Club, to issue at one or more times, or in one or more series, its bonds and debentures under its seal, and signed by its president or other authorized officer, and countersigned by its secretary-treasurer; and such bonds or debentures may be made payable at such times and in such places in Nova Scotia, and bear interest at such rate per annum, and such bonds and debentures shall entitle the holders to such priorities and privileges, and may be subject to such conditions as the Club may at such meeting decide; and such debentures shall, subject to prior encumbrances previously registered, be a first charge upon all the real and personal property and income of the Club until discharged by payment. The Club shall have power through its president and secretary-treasurer to execute a mortgage of its property to secure payment of said bonds or debentures and interest thereon. The executive of the Club are, in addition to the other powers conferred upon them by this Act, hereby authorized to pledge or sell upon the best terms they may be able to obtain any such bonds or debentures. Amount of issue. May sue. By-laws. 7. The amount of the bonds and debentures issued as authorized by this Act shall not exceed in the whole the sum of $10,000.00. 8. The corporation is empowered to sue for and collect all entrance fees, subscriptions, assessments and all other accounts and moneys that may become due the Club, and the same shall be due and payable at the time fixed by and according to the terms of the by-laws of the Club; and the executive committee of the Club shall have full power to enforce and carry into effect all the by-laws and regulations of the Club, and shall enforce the same, when required, in the manner directed in the said by-laws and regulations. 9. The Club shall have power to make rules, regulations and by-laws not inconsistent with this Act for carrying this Act into effect, and administer ing the same; all such rules, regulations and by-laws shall be subject to the approval of the Governor-inCouncil. powers. 10. The Club shall have a corporate seal, and shall Contracting have power and authority, by its president and secretary-treasurer, to make and execute any deed, lease, mortgage or other conveyance of the real and personal estate held by the Club, containing the usual covenants contained in such instruments. liability. 11. No member of the corporation shall be liable Members' for the debts of the corporation; but the property, real and personal, and subscriptions to said club, shall form the assets of said corporation, and be liable for the debts and liabilities of the same. CHAPTER 192. An Act Respecting The Cape Breton Coal, Iron and WHEREAS, in pursuance of Chapter 146, Acts of Preamble. 1907, The Cape Breton Coal, I ron and Railway Company, Limited, hereinafter referred to as the Company, has authorized the issue of Special First Mortgage Gold Bonds, to the nominal amount of two million dollars, secured by Mortgage Deed of Trust to J. G. Colmer, Esq., C. M. G.; C. H. Moore, Esq., and A. H. Leech, Esq., dated the first day of September, 1908, which Mortgage Deed of Trust, among other terms, proposed to rank on the property therein purporting to be charged in priority to the Five per cent. Gold Bonds secured by Mortgage Deed of Trust to The Royal Trust Company, dated the 7th day of March, 1905, and a copy of said Mortgage Deed of Trust is hereto appended as Schedule “A;" |