as enacted by SM 1990-91, c. 1 on November 14, 1990.
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R.S.M. 1990, c. 10
The Bishop of Brandon Incorporation Act
WHEREAS the territory now comprising the Diocese of Brandon was separated from the Diocese of Rupert's Land by resolution of the Provincial Synod held at Winnipeg on August 27, 1913, and set apart as a separate and independent Diocese to be known as the Diocese of Brandon;
AND WHEREAS the first Synod of the new Diocese was held at the City of Brandon on June 4, 1924, for the purpose of electing the first Bishop of the said Diocese and at such Synod the Venerable Wilfrid William Henry Thomas was unanimously elected first Bishop of the Diocese of Brandon and was thereafter duly consecrated Bishop of the said Diocese on September 7, 1924;
AND WHEREAS the Bishop of the Church of England Diocese of Brandon was incorporated by An Act to Incorporate the Bishop of Brandon, assented to March 5, 1925;
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;
NOW THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
Bishop of Brandon (hereinafter referred to as "the corporation") is continued as a corporation consisting of the Bishop of the Church of England Diocese of Brandon on the coming into force of this Act and his successors by the name and title aforesaid.
The corporation may purchase, have, take, hold and enjoy for the eleemosynary, ecclesiastical and educational uses of the Church of England within the Diocese of Brandon any lands, tenements, rents, annuities, hereditaments of what nature or kind soever in fee, in perpetuity or for a term of life or years, not exceeding 5,000 acres in extent and also all manner of goods, chattels and things personal whatsoever, and shall have the power of appointing an attorney or attorneys for the management of its affairs and all other rights necessarily incident to a body corporate.
The corporation may sell, exchange, alienate or mortgage real estate in the Province of Manitoba (but subject at all times to the provisions of The Anglican Church of Canada Temporalty Act where any land or property belonging to any parish or mission in said Diocese is being dealt with) and may demise any such real estate by lease under the corporate seal.
It shall be lawful for every person within the Province of Manitoba to whom and in whose name any lands, tenements or hereditary property are now, or may hereafter devolve, in trust or otherwise for the said Church of England to sell or transfer from time to time by deed or devise all or any of the said lands or tenements to the Bishop for the time being of the aforesaid Diocese, and for the said Bishop and his successors to hold the said lands for the aforesaid purposes as provided by this Act.
In case of the absence from his Diocese of the Bishop constituting the said corporation, or of his being unable from sickness or other cause to attend to his Diocesan duties, he may delegate to his commissary in writing under his hand and seal all his powers under this Act except that relating to selling, exchanging, alienating or mortgaging of land; also in case at any time of vacancy of the Bishopric, or of the Bishop being from any cause unable to attend to his Diocesan duties then the Dean, or if there be no Dean the Senior Archdeacon within the Diocese shall exercise all the powers conferred by this Act except as before, that relating to the selling, exchanging, alienating or mortgaging of lands.
Bishop to be President of Synod
The Bishop of the Diocese of Brandon for the time being shall be the President of the Synod of the Diocese and shall have the administration of all lands and personality vested in him or conveyed to him for the purposes above specified or for the endowment of his see or for the endowment of any parsonage, church, chapel or living within the said Diocese.
Any conveyance of real estate, or any interest therein vested in the corporation shall hereafter be deemed to be duly executed for that purpose if the same has affixed thereto the seal of the corporation verified by the signatures of the Bishop for the time being of the Diocese of Brandon, or his commissary duly appointed, the secretary of the synod, and the Chancellor or legal advisor of the Synod, and discharge of a mortgage or other document executed in the same way shall be deemed to be properly and effectually executed.
This Act shall be deemed a Public Act.
NOTE: This Act replaces S.M. 1925, c. 107.