offence cognizable before any one Justice of the Peace, and punishable by a fine not exceeding $20, and costs, and the fine, if paid, shall belong to the society, and be paid over to it by the Justice of the Peace; but the payment of such fine shall not prevent or affect any civil remedy of the society under such instrument. R. S. O. 1877, c. 169, s. 15.

Immigration

16. The Commissioner of Agriculture shall, in his discre- Appointment tion, appoint, instead of district agents hitherto mentioned in of Inspector of the preceding sections of this Act, an Inspector of Immigration Societies. Societies, whose duties shall be to generally superintend the working of such societies and to act in the place of the said district agents; or he may appoint the immigration agents of the Dominion Government to act as Provincial district agents for their respective agency districts. R. S. O. 1877, c. 169, s. 16.

sioner, etc.,

sistance ex

17. The said Commissioner of Agriculture, inspector, dis- Commistrict agents, or other person or persons who may be appointed may examine by the Commissioner, shall have power to examine under oath immigrants any person or immigrant touching any of the provisions relative regarding as to assisted emigration contained in this Act; and shall have the tended by same power to enforce the attendance of such persons or immi- this Act. grants, and to compel them to give evidence, as is vested in the High Court in civil cases. R. S. O. 1877, c. 169, s. 17.

18. Any negotiable or other instrument authorized by this Foreign lanAct may be drawn in any foreign language understood by the guage: money, person executing it; and sums of money mentioned therein may be expressed in any currency used in the country where it is executed, and shall be held to mean equivalent sums of currency in Canada. R. S. O. 1877, c. 169, s. 18.

Not less than ten persons may form a eemetery company.

Incorporation.

H

ER MAJESTY by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1.—(1) Any number of persons, not less than ten, may form themselves into a company for the purpose of establishing one or more public cemeteries: provided always that such cemetery or cemeteries be without the limits of any incorporated village, town, or city. 45 V. c. 17, s. 20.

(2) In the case of an incorporated village, a cemetery within the village may be established by the company where it appears to the satisfaction of the Lieutenant-Governor in Council that from the extent of territory included in the village a cemetery may safely be established therein, and that the municipal council and local board of health of the village approve thereof, and that in the opinion of the Provincial Board of Health the proposed cemetery may under all the circumstances be safely permitted.

(3) The expenses of the Provincial Board of Health in the case mentioned in the preceding sub-section, shall be paid by or on behalf of the applicants. 50 V. c. 7, s. 16. See Cap. 176, s. 1.

2. When any number of persons, not less than ten,

(a) Subscribe stock to an amount adequate to the purchase of the ground required for such a cemetery; and

(b) Execute an instrument according to the form in the next section contained ; and

(c) Pay to the treasurer of the intended company, twentyfive per cent. of the capital stock intended to be raised; and

(d) Register such instrument at full length, together with a receipt from the treasurer for the first instalment of twentyfive per cent., with the registrar of the registry division in which the ground is situate

the company shall thenceforth become and be a body corporate by the name designated in the instrument so registered, and may take, hold and convey the land to be used exclusively as a cemetery or place for the burial of the dead. R. S. O. 1877, c. 170, s. 2; 45 V. c. 17, S. 21.

3. The instrument referred to may be in the form following: Form of in

strument of

in the year of association.

day of

, we, the undersigned

Be it remembered, that on this our Lord one thousand eight hundred and Shareholders, met at in the County of in the Province of Ontario, and resolved to form ourselves into a Cemetery Company, to be called according to the provisions of Chapter 175 of The Revised Statutes of Ontario, 1887, entitled An Act respecting Cemetery Companies; And we do hereby agree that the capital stock of the said Company shall be dollars, to be divided into shares of dollars each, entitling the holder to one hundred superficial feet; And we, the undersigned Shareholders, do hereby agree to accept and take the number of shares set by us opposite our respective signatures; and we do hereby agree to pay the calls thereon, according to the provisions of the said Act, and of the Rules, Regulations and By-laws of the Company, to be made in that behalf."

NAME.

NO. OF SHARES.

AMOUNT.

R. S. O. 1877, c. 170, s. 3.

4. The company shall, by walls or other sufficient fences of Cemetery to be such height as the municipality may by by-law direct, enclose enclosed. every part of the cemetery held by them. R. S. O. 1877,

c. 170, s. 4.

repair.

5. The company shall also, out of the moneys received by Cemetery to be virtue of this Act, keep the cemetery, and the buildings and kept in good fences thereof, in complete repair, and in good order and condition. R. S. O. 1877, c. 170, s. 5.

cessary sewers,

6. The company shall make all proper and necessary sewers Company to and drains in and about the cemetery for draining it and make all nekeeping it dry; and they may from time to time as occasion etc. requires, cause any such sewer or drain to open into an existing sewer, with the consent in writing of the persons having the management of the street or road, and with the like consent of the owner or occupier of the land through which or

Penalties on

taminating

part of which the opening is intended to be made, doing as little damage as possible to the street, road or land wherein the same is made, and restoring it to the same or as good condition as it was in before being disturbed. R. S. O. 1877, c. 170, s. 6.

7. If the company at any time causes or suffers to be brought Company con- to or to flow into any river, spring, well, stream, canal, reservoir, any river, etc. aqueduct, pond or watering place, any offensive matter from the cemetery, whereby the water is fouled, the company shall forfeit for every such offence $50. R. S. O. 1877, c. 170, s. 7.

Recovery and application of penalties.

Damages may be recovered in addition to penalties.

Where bodies may be buried.

Funerals to be

8. The said penalty, with full costs of suit, may be recovered in any Court of competent jurisdiction, by any person having a right to use the water; but the penalty and costs shall not be recoverable unless sued for during the continuance of the offence, or within six months after it has ceased. R. S. O. 1877, c. 170, s. 8.

9. In addition to the penalty of $50 (and whether the same has been recovered or not) any person having a right to use the water may sue the company for any damage specially sustained by him by reason of the water being fouled; or if no special damage is alleged, then, for the sum of $10 for every day during which the offensive matter has continued to be brought or to flow after the expiration of twenty-four hours from the time when notice of the offence was, by such person, served upon the company. R. S. O. 1877, c. 170, s. 9.

10. No body shall be buried in a vault or otherwise under any chapel or other building in the cemetery, nor within fifteen feet of the outer wall of any such chapel or building. R. S. O. 1877, c. 170, s. 10.

11. The company shall make regulations to ensure all decently per burials within the cemetery being conducted in a decent and solemn manner. R. S. O. 1877, c. 170, s. 11.

formed.

Graves to be furnished

gratis for

the

12. The company shall furnish graves for strangers, and for poor of all denominations, free of charge, on the certificate, strangers and in the latter case, of a minister or clergyman of the denomination to which the deceased belonged, that the relatives of the deceased are poor and cannot afford to purchase a lot in the cemetery. R. S. O. 1877, c. 170, s. 12.

poor.

Real estate of company exempt from tax

ation.

13. The real estate of the company and the lots or plots. when conveyed by the company to individual proprietors for burial sites, shall be exempt from taxation of any kind, and shall not be liable to be seized or sold on execution. R. S. O. 1877, c. 170, s. 13.

need not be

14. When a lot has been sold by the company, for a burial Lots conveyed site, the conveyance shall not require to be registered for any registered. purpose whatever, and shall not be affected by any Registry Act, nor shall any judgment, mortgage or encumbrance subsist on any lot so conveyed. R. S. O. 1877, c. 170, s. 14.

15. The deeds from the company shall be in the following Form of deed. form:

"Know all men by these presents, that the dollars paid to them by

in consideration of

Cemetery Company,

of

the

receipt whereof is hereby acknowledged, do grant unto the said

his heirs and assigns,

Company, called

Lot of Land in the Cemetery of the said and situate in the County of

which Lot is delineated and laid down on the map of the said Cemetery, and is therein designated by the name of containing by admeasurement superficial feet; to have and to hold the above named

premises,” etc.

R. S. O. 1877, c. 170. s. 15.

16. All lots or plots of ground in the cemetery, when num- Lots to be inbered and conveyed by the company, as burial sites or lots, may be held in divisible, but shall be indivisible, but may afterwards be held and owned in undivided undivided shares. R. S. O. 1877, c. 170. s. 16.

shares.

may receive

Îand.

17.—(1) From and out of the proceeds of the sales of burial Shareholders sites made by the company, the company may pay to its share- interest on holders who may not desire to take land in the cemetery to stock not rethe full extent of the stock subscribed for and paid by them, presented by interest on their paid up stock, not represented by land in the cemetery, at such rate as may be agreed on, not exceeding eight per centum per annum, and may also repay to such shareholders the amount of paid-up stock held by them not represented by land in the cemetery.

shareholders

(2) Every such shareholder of the said company shall be Rights of taken to be a shareholder, and shall be entitled to all the rights with stock not of shareholders in respect of the shares of the capital stock of represented the company held by him and fully paid up, and which are not by land. represented by land in the cemetery, until such shares are repaid to him by the company; and upon their repayment to him of any share he shall cease to be a shareholder in respect

of such share.

allowed.

(3) Except as aforesaid, no dividend or profit of any kind No dividend shall be paid by the company to any member thereof. Ř. S. O. 1877, c. 170, s. 17.

sales.

18. Subject to the provisions in the preceding section con- Application of tained, one-half of the proceeds of all sales of burial sites, made proceeds of by the company, shall be first applied to the payment of the purchase money of the land acquired by the company, and the residue to preserving, improving and embellishing the land as a cemetery or burial ground, and to the incidental expenses of the company; and after payment of the purchase money, the