By-laws. Records. Directors may Consequence of non-payment. Company may sue. Annual returns to BY-LAWS-MINUTES. 26. The directors may pass by-laws for the laying out, selling and managing of the ground, for regulating the erection of tombs, monuments or gravestones therein, and for empowering the president to execute conveyances of plots to purchasers. R.S.M. c. 17, s. 25. 27. The directors shall record in a book, kept for the purpose, all their by-laws and proceedings; and every person shall have access to such book for the purpose of searching and making extracts therefrom, without payment of any fee. R.S.M. c. 17, s. 26. CALLS ACTIONS. 28. The directors may also call for instalments on the sums subscribed for, and may appoint times for the payment thereof; and, if default be made in such payment, the directors may declare forfeited the shares so in default, and the same shall thenceforth become the property of the company: Provided, always, that the directors may, if they think fit, re-allot such shares to the person so in default, upon payment of all arrears, if such payment be made within one year from the time of default. R.S.M. c. 17, s. 27. 29. The company may sue for and recover any instalments due on shares, or as a balance of purchase money for lots or graves, in any court of competent jurisdiction. R.S.M. c. 17, s. 28. RETURNS. 30. Every company incorporated under the provisions of Government. this Act shall, on or before the fifteenth day of January in each and every year, prepare and deposit with the Department of Agriculture and Immigration a list, duly verified by the affidavits or statutory declarations of the president, secretary and at least two of the directors of the company, of all persons who on the thirty-first day of December previously were shareholders of the company, the number of shares held by them, and the amount unpaid thereon; and shall also at the same time, verified as aforesaid, file with the said Department a statement showing fully the total amount received by the company on the sale of burial sites or from other sources and, in detail, the expenditure of the company for the purposes authorized by this Act. R.S.M. c. 17, s. 29. Penalty for not furnish ing returns. 31. If any company makes default in complying with the provisions of the last preceding section, such company shall incur a penalty of twenty dollars for every day during which such default continues; and every director, secretary or other officer of the company who shall knowingly and wilfully authorize or permit such default shall incur a like. penalty; but this provision shall not apply to companies whose subscribed capital does not exceed five thousand dollars. R.S.M. c. 17, s. 30. OTHER PENALTIES. 32. Any person who (a) wilfully destroys, mutilates, defaces, injures or removes any tomb, monument, gravestone or other structure placed in a cemetery, or any fence, railing or other work for protection or ornament of a cemetery, or of any tomb, monument, gravestone or other structure aforesaid, or of any cemetery lot within a cemetery; or (b) wilfully destroys, cuts, breaks or injures any tree, shrub or plant in a cemetery; or (c) plays at any game or sport in a cemetery; or (d) discharges fire arms (save at a military funeral) in a cemetery; or (e) wilfully and unlawfully disturbs persons assembled for the purpose of burying a body therein; or (f) commits a nuisance in a cemetery, shall, upon conviction thereof before a justice of the peace, be liable to a fine of not less than four dollars, nor more than forty dollars, according to the nature of the offence. R.S.M. c. 17, s. 31. Various offences. 33. The offender shall also be liable in any action of Trespass. trespass, in the name of the company, to pay all damages occasioned by his unlawful act; and the money when received shall be applied under the direction of the directors for the reparation and re-construction of the property destroyed; and members of the company shall be competent witnesses in the suit. R.S.M. c. 17, s. 32. SAVING CLAUSES. municipali 34. Sections 2 and 16 of this Act shall not be construed Powers of as affecting in any way the rights and powers conferred upon ties preserved. municipalities under the provisions of "The Municipal Act." R.S.M. c. 17, s. 33. tional and cemeteries. 35. Nothing herein contained shall be deemed to affect Congregaany right that may be enjoyed by congregations, parishes or parish missions in the Province, with respect to the establishment and management of their own cemeteries. R.S.M. c. 17, s. 34. Organization of board of trustees. Powers. Ten acres. BOARDS OF TRUSTEES OF BURIAL GROUNDS. 36. Whenever any of the inhabitants of a municipality or locality in Manitoba, to the number of ten or more, desire to take a conveyance of land for a burying ground, not to belong exclusively to any particular religious denomination, such persons may appoint trustees, to whom and their successors, to be appointed in such manner as may be specified in the deed of conveyance, the land may be conveyed; and such trustees and their successors in perpetual succession, by the name expressed in the deed, may take, hold and possess the land in trust for the uses and purposes limited in the deed; and may maintain and defend suits or actions for the protection thereof and of their property therein: Provided that there shall not be held in trust under any such conveyance for the purpose aforesaid more than ten acres of land for the inhabitants of any one municipality or locality. R.S.M. c. 17, s. 35, 36. CHAPTER 27. An Act respecting Charitable, Benevolent and Saving HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as 1. This Act may be cited as "The Charitable Associations short title. Act." R.S.M. c. 18, s. 1. INCORPORATION. form. 2. Any number of persons, not less than ten, having sub- who may scribed or holding together not less than one hundred dollars in money or money's worth, for the use of their intended institution, may make and sign a declaration (in duplicate) of their intention to become a corporation under the provisions hereinafter contained, for the following purposes or Objects. any of them, that is to say against (a) for mutual protection, by means of contributions, Protection subscriptions, donations or otherwise, against all casualties disease. caused by disease, inevitable accident or death, with the view of helping the afflicted or the widows and orphans of deceased members; gration and (b) to advance the colonization and settlement of the Aid to immiProvince, by assisting and directing immigrants to locate colonization. lots for settlement, and providing for the construction of temporary sheds and places of refuge for the protection and care of such immigrants and families so long as they are not settled; ment of (c) to establish library associations or mechanics' insti Establishtutes, or both, as the case may be, at some place to be named libraries. in such declaration; (d) for any benevolent or provident purpose not con- For benevolnected with, trade or commerce. R.S.M. c. 18, s. 2. ent purposes. declaration 3. The declaration aforesaid shall state the corporate name what of the institution, its purpose, the amount of money or shall state. money's worth subscribed by such members respectively or Names of associations held by them for the use thereof, the names of those who are to be the first trustees for managing its affairs, and the mode in which successors are to be appointed or new members of the corporation admitted, or in which by-laws are to be made for such appointments or admissions, or for any other purpose, or for all the purposes, and, generally, such other particulars and provisions thought necessary, not being contrary to the provisions hereof or to law; or, in case of any association which may become incorporated under the provisions hereof, being already established under any law of this Province, or of Great Britain and Ireland, or of the Dominion of Canada, or of the former Province of Canada, or of any other Province of the Dominion of Canada, then the directors or trustees, or the office bearers or committee thereof for the time being, may make and sign a declaration as aforesaid of their wish and determination to become incorporated according to the provisions hereof, stating in such declaration the corporate name to be assumed by such institution, and also, with such declaration, may file, in the manner hereinafter provided, a copy of the constitution of such institution, together with a general statement of the nature and amount of all the property, real or personal, held by or in trust for such institution. R.S.M. c. 18, s. 3. 4. No association shall be incorporated under this Act, not to conflict. or licensed or chartered under any other Act of this Province, in the name of any association previously incorporated under this Act, or in any name liable to be confounded therewith. 5-6 Ed. 7, c. 11, s. 3. Declaration to be filed in office of Provincial Secretary. Verification of declaration. Letters patent of incorporation. Corporate powers. 5. The said declaration and other documents mentioned in section 3 shall be filed in the office of the Provincial Secretary. R.S.M. c. 18, s. 4. 6. The facts set out in said declaration, and the signatures of the subscribers thereto, shall be duly verified by statutory declaration, as may be required by the Provincial Secretary. R.S.M. c. 18, s. 5. 7. When the formalities aforesaid have been complied with, the Lieutenant-Governor-in-Council may, by letters patent under the great seal of the Province, grant a charter to the persons having signed such declaration as aforesaid, or the directors or the trustees, or the office bearers or committee for the time being, of any such institution previously established as aforesaid, constituting them and others who may afterwards become members of the corporation, a body corporate and politic, which shall possess the powers, rights |