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R.S.M. 1990, c. 44
La Corporation Archiépiscopale Catholique Romaine de Saint-Boniface Incorporation Act
|Table of Contents||Bilingual (PDF)|
WHEREAS the Very Reverend Alexandre Taché, Roman Catholic Bishop of the Diocese of St. Boniface, which Diocese comprised the Province of Manitoba, and certain of the North-West Territory, by his petition, prayed to be incorporated and authorized to acquire and possess land in Manitoba for religious purposes;
AND WHEREAS the prayer was granted, and resulted in the enactment of An Act to Incorporate the Roman Catholic Bishop of St. Boniface, assented to May 3, 1871;
AND WHEREAS the Act was subsequently amended and the title of Bishop changed to Archbishop;
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 Legislative Assembly of the Province of Manitoba, enacts as follows:
La Corporation Archiépiscopale Catholique Romaine de Saint-Boniface is continued as a corporation, consisting of the person who is the Roman Catholic Archbishop of Saint-Boniface on the coming into force of this Act and each of his successors in the said Diocese in communion with the Church of Rome.
The said corporation under the name as aforesaid shall have a corporate seal, and may from time to time, by and with the advice of two members of his clergy, modify, renew, or otherwise change at pleasure such corporate seal, and may, under the name aforesaid from time to time, and during all time, have, hold, purchase, or acquire by gift of purchase, and possess and enjoy for the uses particularly and generally of charities, for ecclesiastical purposes, or for the purposes of education in his Diocese, any lands, tenements, hereditary property, rents, annuities, and all other property whatsoever, moveable or immoveable, in the Province of Manitoba, not exceeding 5,500 acres, over and above the real estate, lands, and tenements, now held and enjoyed by the "Catholique Mission" of this Province, and administered by the said Archbishop of St. Boniface.
The said corporation, under the name aforesaid, is empowered by and with the advice hereinbefore mentioned, from time to time, to sell, exchange, alienate, mortgage, let, lease, or otherwise dispose of any part of any real estate that it does possess, or may hereafter possess or acquire for the religious or charitable purposes of the Church as aforesaid, and for educational purposes, or for any of them, and under the name aforesaid, shall sue or be sued, assign or be assigned to, implead and be impleaded, in all courts of law and equity which now exist, or may hereafter exist in the said Province of Manitoba, in the same way and with the same rights and advantages as all other corporations or persons whatever, may be empowered.
The said corporation, under the name aforesaid, is empowered, by and with the advice hereinbefore mentioned, in the exercise of the powers conferred on it by this Act, to take or hold any real or personal estate for securities, and to take mortgages or assignments of any real or personal estate to secure payment of any loan, or to secure payment of any debt, obligation, liability or demand due to the said corporation, and may proceed on such mortgages, assignments or other securities for the money thereby secured either at law or in equity, and generally may pursue the same course, exercise the same powers, and take and use the same remedies to enforce the payment of any debt, obligation, liability or demand due to the corporation, as any individual or body corporate may by law take or use for a like purpose.
Subject to the provisions of this Act, and for the purposes of exercising the powers conferred on the corporation by this Act, said corporation under the name aforesaid is empowered, by and with the advice hereinbefore mentioned, to become guarantor or surety for any debt, obligation, liability or demand of and for any person or persons, company or corporation, either body corporate or corporate sole, incurred by such person or persons, company or corporation, either body corporate or corporate sole, and in the exercise of said power the corporation may execute all contracts, agreements, mortgages, or other documents, and sign or endorse negotiable instruments.
The said corporation under the name aforesaid is empowered, by and with the advice hereinbefore mentioned, for the purpose of investment, to loan money and to take security by mortgages or otherwise on real estate or on personal estate, to purchase mortgages on real estate or on personal estate, to purchase debentures of municipal, public school corporation, federal or Provincial stock or securities and may re-sell any such securities as to it may seem advisable, and for such purpose may execute such assignments or other instruments as may be necessary for the carrying the same into effect, and for such purposes of investment may make advances out of any fund, revenues, issues and profits of any property, real or personal, held by the corporation, to any person or persons, company or corporation, either body corporate or corporate sole, on any of the above-mentioned securities at such rate of interest as it may deem proper.
All deeds or other acts whatever, conveying any land, executed by or in favor of the said corporation, which by any Registration law of this Province, is required to be registered, shall be duly registered according to such law of Registration, and in compliance with such law for such deeds or acts, or not being so registered according to law, shall be on the same footing as other deeds and acts of a similar nature, relating to any other corporation, or persons whatever.
It shall be lawful for any person, or number of persons to whom, or in whose name, or names, lands, tenements, hereditary property, are now, or may hereafter devolve in trust, for the use and support of the Roman Catholic Church, as for the trustees appointed by virtue of a certain Indenture dated May 19, 1818, made and executed by the Right Honorable Thomas Earl of Selkirk, to cede, sell, or transfer, from time to time by Deed, under his or their Signature, or by the ordinary form of law, all, or any of the said lands and tenements to La Corporation Archiépiscopale Catholique Romaine de Saint-Boniface.
(a) it shall be lawful for the above named Trustees, to transfer to the Crown the said above mentioned lands, in order, or for the purpose of having the same their equivalent in extent, or part of the same, duly atented to the said above named corporation;
(b) it shall be lawful for the said corporation to hold, lease, sell, or transfer the said lands, or any portion of them;
(c) all conveyances, or deeds of sale, of the said before mentioned lands, which may have been made prior to June 25, 1879 by the said corporation, are hereby confirmed.
It shall not be lawful for the said Archbishop or his successors to pass or execute any deed of sale, lease or transfer of all, or of any part of the lands, tenements, hereditary property acquired or possessed, or which may hereafter be acquired or possessed by him, or in virtue of the present Act, without the consent and approbation of two members of his clergy, who will be chosen or nominated by the said Archbishop, such choice or nomination and such consent appearing on the face of such acts, or other documents in writing, which the parties purpose to execute, and being duly attested by the said Archbishop and the said two members of his clergy, so chosen or nominated, who shall become contracting parties, and shall sign all deeds, sales, leases, or other documents, as parties respectively consenting thereto.
On the occurrence of any vacancy in the said Archbishopric, or in case of the absence of the Archbishop, or of any of his successors, or of his being incapacitated by sickness or any other cause, or unable to attend to his diocesan duties, then, and in that case, the member of the clergy who shall have been officially selected and nominated for the due administration of Diocesan affairs, or in case of such member of the clergy not having been chosen, then such powers shall be vested in the oldest member of said clergy, under the same conditions which are conferred to the said Archbishop by this Act.
Nothing within the meaning of this present Act shall be construed as conferring in any way any spiritual jurisdiction.
Nothing contained in the present Act shall be considered or construed as affecting the rights of Her Majesty, her heirs, or successors, or those of any person or persons, or of any body politic or incorporate, than those specially enumerated in these presents.
NOTE: This Act replaces S.M. 1871, c. 37.