Bill 5 (Legislature 4, Session 3)

L4 S3 9637

Alberta — Bills

BILL No.5 of 1920.

An Act respecting Imperial Lumber Yards, Limited, incor porated by Letters Patent, under the provisions of The Companies Act, Revised Statutes of Canada, 1906, and amendments. (Assented to , 1920.)

WHEREAS Imperial Elevator Company, a body cor- porate and politic, was duly incorporated under Letters Patent, pursuant to the provisions of The Manitoba Joint Stock Companies Act, Revised Statutes of Manitoba, 1902, and the amendments thereunto on the 16th day of April, in the year of Our Lord one thousand nine hundred and three, with head office at the City of Winnipeg, in the Province of Manitoba, for the purpose and objects in the said letters patent set forth; And

whereas by an order in council passed by the Lieutenant Governor in Council of the Province of Manitoba, and bearing date the 28th day of December, 1907, in pur suance of the provisions of the said The Manitoba Joint Stock Companies Act and amendments thereunto, the said name of Imperial Elevator Company was thereby changed to Imperial Elevator and Lumber Company; And

whereas by supplementary letters patent duly granted to the said Imperial Elevator and Lumber Company, Limited, in pursuance of the provisions of the said The Companies Act. Revised Statutes of Manitoba, 1913, and amendments, and bearing date the 24th day of September, in the year of Our Lord one thousand nine hundred and fourteen, the capital stock of the said company was thereby authorized to be increased from $500,000 to $1,000,000, by the issue of 5,000 shares of the par value of $100 each, and the powers, purposes and objects of the said company were thereby enlarged as in the said letters patent set forth; And

whereas by an order in council duly passed by the Lieutenant Governor in Council of the Province of Manitoba, and bearing date the 2nd day of August in the year of Our Lord one thousand nine hundred and eighteen, and in pursuance of the provisions of the said The Companies Act, Revised Statutes of Manitoba, 1913, and amendments, the name of Imperial Elevator and Lumber Company, Limited, was again changed to Imperial Lumber Yards, Limited, being now the name of the said company, and which said company is hereinafter referred to as "The Old Com pany";

2 And

whereas by by-law duly passed by the directors and confirmed by the shareholders of the said "The Old Com pany," an application by and on behalf of the said "The Old Company" for incorporation under The Companies Act, Statutes of Canada and amendments thereunto, was duly authorized for the issue of letters patent under the said The Companies Act, Statutes of Canada, incorporating the share holders of the said" The Old Company," as a company under the said Act for the purpose and with the objects and powers possessed and exercised by it under the said letters patent and supplementary letters patent granted to it thereto fore as aforesaid, but increasing the capital of the said "The Old Company" from $1,000,000 as thereby authorized to the sum of $2,000,000 divided into 20,000 shares of the par value of $100 each, and that upon the granting of the said application and the issue of the letters patent pursuant thereto, all the rights, property and obligations of the said" The Old Company" might be and become transferred to the said company so to be incorporated, and that all proceedings might be continued on behalf of or commenced by the said company so incorporated that might have been continued or commenced by or against the said "The Old Company"; And

whereas it is expedient that the right and title of the said company so incorporated under the said Statutes of Canada, to all of the assets, real or personal, of the said "The Old Company" may be confirmed as hereinafter pro vided; Therefore His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1.

All the assets, good will, interest, rights, franchises, credits, . effects, and property, real, personal or mixed, of whatsoever kind, an9. situate within the Province of Alberta heretofore belonging to the said "The Old Com pany," or to which it may be or howsoever hereafter become entitled, shall be and the same are hereby declared to have been as, upon and from the 1st day of March, A.D. 1919, transferred to and vested in Imperial Lumber Yards, Limited, incorporated pursuant to the provisions of The Companies' Act, Statutes of Canada and amendments thereunto, and hereinafter referred to as "The New Company," its successors and assigns, to its and to their own use and benefit absolutely for all the estate, right, title, interest, claims, properties or demands which the said "The New Company," either jointly or severally, had or were entitled to have on the said 1st day of March, A.D. 1919, or to which the said "The Old Company," either jointly or severally, could thereafter have been or become entitled, and the said" The New Company" shall be and it is hereby empower-

3 ed and declared to have been empowered at and from the said 1st day of March, A.D. 1919, to have and to exercise within the Province of Alberta, all of the powers, rights, and privileges provided for in its said letters patent of incorporation without further or other license or authority and to exercise all such powers, rights and privileges in relation to the said assets, interests, rights, franchises, credits, effects and property, real, personal or mixed of whatsoever kind, within the said province as the said "The Old Company," either jointly or severally, had or might have had, and no suit, action or proceeding, either at law or in equity, reing carried on, or power or remedy being exercised sl all howsoever· be discontinued or abated by or on account of this Act, but the same may continue in the name of the said "The Old Company" originally party to any of such proceedings, suits or actions or exer cising any such power or remedy, or in the name of the said "The New Company," and the said "The New Com pany" shall have and is hereby declared from the said date to have always had the same rights and remedies in respect of any and all of the said assets, interests, rights, franchises, credits, effects, property, real, personal or mixed, and be subject to the same liabilities, debts, duties, and obligations as the said "The Old Company" had in respect thereof, and shall pay and receive the like costs as if any such suits, actions or proceedings had been com menced or defended, compromised or exercised in the name Qf the_said "The...N.ew_JJ...omllaUY.." 2.

In order that "The New Oompany" shall obtain the benefi~s provided by this ~ct 1t shall cause to be regis tered 1n each o~ the Land ~itles Offioe~of the Province transfers of all lands held bY"Tho Old Company" to"~&e New Company, and assignments of all mortgages, liens, or en cumbrances upon lands from "The Old Company" to "The New Oompany", together with a copy of this Act, within six months frQm the passing of the same. aocu,ment or certificate showing t nsmission or assign ment of title from the said "T e 01 ompany" to the said "The New Company" or' the case f lands within the said province under The nd Titles Act have certi- ficates of title issued in the arne of the said he New Company," unless it shall e requested by the sal "The New Company," and it hall not be necessary in discharge of any mort age, encumbrance, conveyance,

4 d transfer instrument of an 'nd to recite or set out such tran ment of but the said camp an from payment any fees which' would have been liable to pay under the .

Act if . s Act had not been passed, in respect of any matte ending in any of said offices. 3""\~ it is lftJreby f lJ;~ declared that W;QHI,; Qa.-Qad s~.b.t dj;lYQ£.Mj;ltc h , A 1)., lQlir,there shall be deemed to be ve'sted in and to have always been vested in "The New Company" since the said date, all the right, title and interest of the said "The Old Company" in all chattel mortgages, bills of sale, promissory notes, agreements for the payment of money, liens, lien agreements, contracts of all kinds, chases in action and judgments in any court within the Province of Alberta, or assets consisting of per sonal property .of any kind whatsoever within the said province which the said II The Old Company" then had or could or might thereafter have become entitled to without the necessity of the execution, delivery or registration of any transfer or assignment of any such chattel mortgage, judgment, lien, note, bill of sale, agreement for payment of money, lien agreements, contracts, chases in action, judgments or personal property in any public office, within the Province of Alberta, provided or to be provided for the registration thereof, and that the said "The New Com pany" shall be deemed to have and from the said 1st day of March, A.D. 19HI, to have always had in respect of any of the foregoing, all of tbe rights, powers, remedies and privileges secured thereby, with full power to ask, demand, sue for and recover the whole or any part of the moneys secured by or payable in consequence of any of the said chattel mortgages, promissory notes, contracts, liens, lien agreements, Dills of sale,. judgments, or in respect of any of the said personal property. 4.

Nothing in this Act shall impair or affect the rights of any creditor of the said" The Old Company," or of the said "The New Company." . 5. This Act shall co~~"i,p.to force on the day it is assented """ ", " l to, and shall be deemed..to 'b,~ pUQ!i~ Act>.

No.5. THIRD SESSION FOURTH LEGISLATURE 10 GEORGE V 1920 BILL in Act respecting Imperial Lumber . Yards, Limited, incorporated by Letters Patent, under the pro visions of The. Companies Act, Revised Statutes of Canada, 1906 and amendments. Received and read the First time ............. . Second time ........... . Third time ................. . EDMONTON: J. W. JEFl'ERT. KINa'. PRINTEII. A.D. 1920 Title: 1920 (4th, 3rd) Bill 5,

An Act respecting Imperial Lumber Yards, Limited, incorporated by Letters Patent, under the provisions of The Companies Act, Revised Statutes of Canada, 1906, and amendments

Document details

Collection	Alberta — Bills
Citation	L4 S3 9637
Type	bill
Volume / chapter	L4 S3 9637
Language	en
Format	json
Source	PROVINCIAL
Identifier	7d75ee9f2b30c02fd9e1de7f9c0ebc77e76eaa6c

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