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BILL NO. 17

(as introduced)

2nd Session, 63rd General Assembly
Nova Scotia
67 Elizabeth II, 2018

 

Private Bill

 

An Act to Incorporate the
"Kenzieville Cemetery Company"
(amended)

 

Tim Houston
Pictou East



First Reading: September 11, 2018

(Explanatory Notes)

Second Reading: September 21, 2018

Third Reading: October 11, 2018 (WITH COMMITTEE AMENDMENTS) (LINK TO BILL AS PASSED)

Explanatory Notes

Clauses 1 and 2 substitute "corporation" for "company" for internal consistency of wording in the Kenzieville Cemetery Company's Act of incorporation.

Clause 3

(a) substitutes "corporation" for "company"; and

(b) permits the annual meeting of the corporation to be held on any day in May rather than only on the first Monday in May.

Clause 4 increases the number of officers from two to three by replacing the secretary-treasurer with a treasurer and a secretary.

Clauses 5 and 6 substitute "corporation" for "company".

Clause 7

(a) replaces the right of a lot owner to fence and plant trees on his or her lot with the right to improve the lot subject to the approval of trustees;

(b) places limits on plants placed on lots; and

(c) permits trustees to remove offensive monuments, nuisances or plants.


Clause 8 substitutes "corporation" for "company".

An Act to Amend Chapter 147
of the Acts of 1927,
An Act to Incorporate
the "Kenzieville Cemetery Company"

Be it enacted by the Governor and Assembly as follows:

1 Section 4 of Chapter 147 of the Acts of 1927, An Act to Incorporate the "Kenzieville Cemetery Company", is amended by striking out "company' in the ninth line and substituting "corporation".

2 Section 7 of Chapter 147 is amended by striking out "company" in the first line and substituting "corporation".

3 Section 8 of Chapter 147 is amended by

(a) striking out "company" in the third line and substituting "corporation"; and

(b) striking out "the first Monday" in the fifth and sixth lines and substituting "a day in May as agreed upon by a majority of the trustees".

4 Section 10 of Chapter 147 is repealed and the following Section substituted:

    10 (1) The trustees shall appoint one of their number as president, one as treasurer and one as secretary.

    (2) The treasurer shall keep the funds and accounts of the corporation and render a detailed account at the annual meeting of all receipts and expenditures.

    (3) The secretary shall keep a plan of the lots, with the name of the lot holder indicated beside each lot number, and perform such other duties as the trustees may direct.

5 Section 11 of Chapter 147 is amended by striking out "company" in the first line and substituting "corporation".

6 Section 12 of Chapter 147 is amended by striking out "company" in the fifth line and substituting "corporation".

7 Section 13 of Chapter 147 is repealed and the following Section substituted:

    13 (1) Subject to subsection (2), the by-laws of the corporation and the approval of the trustees, any person owning a lot in the cemetery may improve the same and erect monuments and set out plants therein.

    (2) Any plant on a lot must be within one foot of a headstone and not exceed two feet in height.

    (3) The trustees may remove any offensive or improper monument, or any nuisance, or any plant in violation of subsection (2), and charge the cost of such removal to the owner of the lot.

8 Section 14 of Chapter 147 is amended by striking out "company" in the first line and substituting "corporation".

 


This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2018 Crown in right of Nova Scotia. Created October 11, 2018. Send comments to legc.office@novascotia.ca.