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R.S.M. 1990, c. 23
The Capuchin Fathers of the Belgian Ecclesiastical Province in Canada Incorporation Act
WHEREAS from the year 1928 there existed at St. Boniface, Manitoba, a religious order or association of ecclesiastics of the Roman Catholic faith, which possessed its canonical status and was known under the name of Capuchin Fathers of the Belgian Ecclesiastical Province in Canada, and among whose objects were the establishment of convents and novitiates of the order and the conduct and establishment of churches and parishes in the province, and which had a convent and novitiate in the said St. Boniface and the administration of the Parish of the Sacred Heart also in the said St. Boniface;
AND WHEREAS the order or association was desirous of better systematizing and organizing its work as outlined above in the province;
AND WHEREAS the order or association, through the officers and members hereinafter named, by its petition, prayed that incorporation in the province under the name Capuchin Fathers of the Belgian Ecclesiastical Province in Canada would enable it to attain more effectually its objects: Victor Roets (Rev. Father Emmanuel); Constantin Van Gool (Rev. Father Chrysostome); Leopold Constandt (Rev. Father Pierre);
AND WHEREAS their prayer was granted, and resulted in the enactment of An Act to incorporate "Capuchin Fathers of the Belgian Ecclesiastical Province in Canada", assented to April 6, 1944;
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:
Capuchin Fathers of the Belgian Ecclesiastical Province in Canada (hereinafter referred to as "the corporation") is continued as a corporation consisting of those persons who are members of the said order or association on the coming into force of this Act and any other persons who become members of the said order or association.
The directors may for and on behalf of the corporation, if deemed expedient, from time to time make by-laws not contrary to law for
(a) the administration, management and control of the property, undertakings, business and other temporal affairs of the corporation;
(b) the appointment, term of office, functions, duties and remuneration of all members, officers, agents and servants of the corporation and their successors;
(c) the admission of members to, and their dismissal from, the corporation;
(d) generally, the carrying out of the objects and purposes of the corporation.
The corporation may purchase, take, hold, receive, possess, retain and enjoy property, real and personal, corporeal and incorporeal whatsoever, and for any and every estate or interest therein whatsoever given, granted, devised or bequeathed to it, or appropriated, purchased or acquired by it in any manner or way whatsoever, to, for, or in favour of, the uses of the corporation, or to, for, or in favour of, any religious, educational, eleemosynary, or other institution established or intended to be established by, under the management of, or in connection with, the uses or purposes of the corporation.
The corporation may also sell, convey, exchange, alienate, mortgage, lease or demise any real or personal property held by it, whether by way of investment for the uses and purposes of the corporation or not, and may also from time to time invest all or any of its funds or money and all or any funds or money invested in or acquired by it for the uses and purposes aforesaid, in and upon and security by way of mortgage, hypothec or charge upon real or personal property; and for the purposes of such investment may take, receive and accept mortgages or assignments thereof, whether made or executed directly to the corporation, or to any corporation, body, company or person in trust for it, and may sell, grant, assign or transfer such mortgages or assignments either wholly or in part.
Any deed, transfer, mortgage, charge or other instrument relating to, or dealing with, real estate or any interest therein of the corporation shall be deemed to be, and shall be, duly executed and shall be sufficient for the purposes for which it is intended, if there are affixed thereto the seal of the corporation and the signatures of two directors of the corporation.
The corporation may from time to time for its purposes
(a) borrow money upon the credit of the corporation;
(b) limit or increase the amount to be borrowed;
(c) make, draw, accept, endorse, or become party to promissory notes and bills; and promissory notes and bills made, drawn, accepted or endorsed by the corporation and countersigned by the proper party thereto authorized by the said by-laws shall be binding upon the corporation and be presumed to have been made, drawn, accepted or endorsed with the proper authority until the contrary is shown, and it shall not be necessary in any case to have the seal affixed to any such bill or note;
(d) mortgage, hypothecate or pledge the real or personal property of the corporation, or both, to secure any money borrowed for the purposes of the corporation.
The annual rental value of the real estate held by, or in trust for, the corporation, excepting such property as is necessary for the actual carrying on of the work of the corporation, shall not exceed $15,000.
The corporation shall have full power and authority, in any manner not contrary to law,
(a) to acquire, establish, erect, equip, maintain and conduct churches, parishes, convents, novitiates or establishments of the order or association within the province and to nominate and appoint managers of the same;
(b) to appoint officers, administrators and attorneys and to define their powers, and to nominate an attorney or attorneys not being members of the corporation;
(c) to erect, in connection with or adjacent to its convent or convents, chapels to which the general public may be admitted;
(d) to establish a vault or cemetery on the property of any of its convents for the purpose of depositing therein the remains of its deceased members; provided that such burial places are established and maintained in accordance with the provisions of the by-laws of any municipality in which they may be situate, and in accordance with the laws and regulations of the province governing the burial of the dead;
(e) generally to exercise all such powers as are necessary for the carrying out of the objects and purposes of the corporation.
The corporation shall at all times, whenever required by the Lieutenant Governor in Council so to do, render an account in writing of its property and affairs to the members of the Executive Council charged with the administration of The Corporations Act.
NOTE: This Act replaces S.M. 1944, c. 73.