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The St. John's College Incorporation Act
This is an unofficial version.
If you need an official copy, use the bilingual (PDF) version.

This version is current as of March 22, 2017.
It has been in effect since November 14, 1990, when this Act came into force.
 

RSM 1990, c. 171

The St. John's College Incorporation Act

WHEREAS, it was represented to the Manitoba Legislature that the Right Reverend Robert Machray, Doctor of Divinity and Bishop of the Diocese of Rupert's Land, had established a College in connection with the Church of England, within this Province, under the style and title of St. John's College;

AND WHEREAS certain persons, by their petition, prayed that St. John's College should be incorporated;

AND WHEREAS their prayer was granted, and resulted in the enactment of An Act to Incorporate St. John's College, assented to May 3, 1871;

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 Council and of the Legislative Assembly of Manitoba, enacts as follows:

Continuation

1           St. John's College is continued as a corporation consisting of the Bishop of Rupert's Land for the time being, and the Council of the said College, not less than three in number, which members of Council have been or shall be named in the first instance by the Bishop of Rupert's Land and shall in the event of the death of any of them, removal or disqualification from office, or resignation of any of them, be replaced from time to time by other persons in such manner as is set forth and appointed in the Constitution and Statutes of the said College; provided always that the Bishop of Rupert's Land for the being, shall, ex-officio, be a member of the said Council and President thereof under the name of Chancellor.

Powers of Corporation

2           Such Corporation shall have full power to make and establish such rules, orders and regulations, not being contrary to the laws of this country, nor to this Act, nor to the Constitution and Statutes of the said College, as they shall deem useful or necessary, as well concerning the system of education in, as for the conduct and government of the said College, and of preparatory Collegiate connected with, or dependent on the same and of the Corporation thereof, of and for the superintendence, advantage and improvement of all the property, moveable or immoveable, belonging to, or which shall hereafter belong to the said Corporation; and shall have power to take, under any legal title whatsoever, and to hold for the said College, all land and property moveable and immoveable, which may be hereafter sold, ceded, exchanged, given, bequeathed or granted to the said Corporation; or to sell, alienate, convey, mortgage, let or lease the same, if need be;  provided also, that the said College may acquire any other real estate, or any interest therein, by gift, devise or bequest; and, provided also, that the proceeds of such property as shall have been disposed of, may be invested in the public securities of the Government of Canada, or other approved securities for the use of the College; and the said Corporation shall further have the right of appointing an attorney or attorneys for the management of its affairs, and all the rights necessarily incident to a body corporate.

Use of property held

3           All the property which shall, at any time, belong to the said Corporation, as well as the revenues thereof, shall at all times be exclusively applied and appropriated to the advancement of education in the said College, or in a preparatory Collegiate School connected with, or dependent on the same, and to no other object, institution or establishment whatever.

Returns to be made

4           It shall be the duty of the said Corporation, at all times when they may be called upon by the Lieutenant Governor in Council of this Province, to render an account in writing of its property, in which shall be set forth in particular, the income by them derived from property held under this Act, and the source from which the same has been derived, also the number of members of the said Corporation, the number of teachers employed in the various branches of instruction, and the course of instruction pursued.

Power to grant degrees

5           The said College shall have the power to grant degrees, including hononary degrees, diplomes and certificates of standing in theology and divinity.

Deed to pass title to land, etc.

6           Any deed in which the said St. John's College is named as a party, shall, if sufficient in all other respects, hereafter be sufficient and effectual to completely pass all the title of the said St. John's College in and to any lands, tenements or hereditaments thereby conveyed, granted or demised, for and to the extent of such interest as may thereby be created, if such deed have affixed to it the corporate seal of the said St. John's College, verified by the signature of the Chancellor or of the Vice-Chancellor (for the time being) of the said College, and by that of the Secretary (for the time being) thereof, and any such deed so executed shall be deemed to be well and sufficiently executed.

Prescribed form of deed, disposing of property

7           Where by any instrument, will or writing, any property whether real or personal has been or shall be granted, conveyed, given, devised, bequeathed or demised to the said Corporation, and, by such instrument, will or writing some particular mode or manner of execution, by the corporation or body taking thereunder, of a deed conveying, disposing of or dealing with the property by such instrument, will or writing so granted, conveyed, given, devised, bequeathed or demised, has been or shall be required, appointed or set forth, then nothing in this Act contained shall affect or be so construed as to affect the validity of the execution of any such deed, in regard to which such particular mode or manner of execution has been or shall be so required, appointed or set forth, but every such deed shall be deemed to be well and sufficiently executed by any of such corporations and bodies if executed conformably to such particular mode or manner of execution as has been or shall be so required, appointed or set forth, anything to the contrary hereof in any wise notwithstanding.

Public Act

8           This Act shall be deemed a Public Act.

NOTE:  This Act replaces S.M. 1871, c. 39.