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The Community of the Sisters of the Holy Names of Jesus and Mary Incorporation Act
This is an unofficial version.
If you need an official copy, use the bilingual (PDF) version.

This version is current as of August 15, 2017.
It has been in effect since November 14, 1990, when this Act came into force.
 

RSM 1990, c. 38

The Community of the Sisters of the Holy Names of Jesus and Mary Incorporation Act

WHEREAS there existed for a certain number of years, in the City of Winnipeg, in the County of Selkirk, in the Province of Manitoba, an association of religious Ladies under the name of The Community of the Sisters of the Holy Names of Jesus and Mary, whose object was the mission of education;

AND WHEREAS the said ladies, through the persons hereinafter named, by their petition prayed that The Community of the Sisters of the Holy Names of Jesus and Mary should be incorporated:  The Rev. Sisters Marie Jean de Dieu (née Clémence Cadieux), Marie Martin de l'Ascension (née Marie Odile Leduc), Marie Florentine (née Georgiana Duhamel), Marie Géraldine of St. Joseph (née Louisa Nagle), Marie Léontine (née Luce Brosseau);

AND WHEREAS their prayer was granted, and resulted in the enactment of An Act to incorporate "The Community of the Sisters of the Holy Names of Jesus and Mary", assented to June 25, 1879;

AND WHEREAS the Minister of Justice has caused the Act to be prepared in English and French for re-enactment in accordance with a judgment dated June 13, 1985 and an order dated November 4, 1985 of the Supreme Court of Canada;

THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Continuation

1           The Community of the Sisters of the Holy Names of Jesus and Mary, (hereinafter referred to as "the corporation") is continued as a corporation consisting of those persons who are members of the said institution on the coming into force of this Act and such other persons as may hereafter under the provisions of this Act become members.

Powers

2           The corporation may possess, have or receive for themselves and their successors, for the uses and purposes of the said corporation, all lands, tenements and hereditaments, and all real or immoveable estate lying and being in this Province; and to sell, alienate and dispose of the same, and acquire others in their stead for the same purposes; and a majority of the corporation, for the time being, shall have full power and authority to make and establish such rules, by-laws and regulations not being contrary to this Act nor to the laws in force in this Province, as they shall deem useful and necessary to the interest and management of the affairs of the corporation, and for the admission of members therein; and to change and revoke the same, from time to time, in part or in whole, as also those of the said institution which were in force on June 25, 1879; the corporation shall be empowered to make, execute and manage and shall make, execute and manage all and every matter and thing concerning the said corporation, and the management and administration of the same, according to the power and authority thereof, and under the provisions of the statutes, stipulations, dispositions and regulations hereinafter prescribed and established.

Proviso

3           Provided always, and it is hereby enacted, that the interest, rents, income and profits of all kinds whatever, derived either from real or personal property, belonging to the corporation, shall be exclusively appropriated and employed to the maintenance of the members of the corporation, the construction and repair of the buildings necessary for the purposes of the corporation, and the expenses which may be incurred in connection with the object and purposes of the said institution.

Corporation may appoint attorneys, etc.

4           The members of the corporation, for the time being, or a majority of them, shall have the power to appoint attorneys or other persons charged with the management of the real and personal property of the corporation, and all officers so appointed shall exercise all power and authority for the management and good administration of the affairs of the corporation which may be conferred to them by the rules and regulations of the corporation.

Rights not affected

5           Nothing contained in this Act shall be considered or construed as affecting in any way the rights of Her Majesty, Her heirs and successors, or those of any other person or persons, or of any body politic or corporate, except as hereinabove mentioned and prescribed.

Members not personally liable

6           Nothing contained in this Act shall have or shall be considered to have the effect of rendering any of the above mentioned persons, or any member of the corporation, or any person whatsoever, personally responsible or accountable for any debt of the corporation, or for any deed or agreement executed by, or bond given for and in the name of the corporation, nor for any matter or thing connected with the corporation.

Borrowing powers conferred

7           The corporation is hereby empowered to borrow from any corporation, individual or individuals, such sum or sums of money, at such rate or rates of interest and on such terms and for such length of time, as to the corporation shall seem expedient or advisable, and the corporation is also hereby empowered to grant, mortgage, hypothecate or pledge all or any portion of their estate, real or personal, including stocks, shares, bonds, debentures, promissory notes, bills of exchange or other securities of which they may, at any future time, become seized, possessed or in any way interested in, to secure repayment of the money so borrowed when and so often as they may deem it expedient, and to make and execute under their common seal and the hand of their provincial superior for the time being, or her attorney or otherwise, according to the rules and by-laws of the corporation, all proper deeds, bonds, debentures and instruments, and to do all other acts, matters and things requisite or necessary to effect and accomplish all and singular the premises and all other things provided for by the powers hereby granted, and such deeds, instruments and mortgages may contain such powers, terms, and provisions as the corporation shall consider expedient.

Public Act

8           This Act shall be deemed a Public Act.

NOTE:  This Act replaces S.M. 1879, c. 26.