|This is an unofficial archived version of The Congregation Benai Israel of Brandon Incorporation Act|
as enacted by SM 1990-91, c. 1 on 14 novembre 1990.
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R.S.M. 1990, c. 40
The Congregation Benai Israel of Brandon Incorporation Act
|Table of Contents|
WHEREAS Samuel Lerner, Barney Isman, David Cristal, Hyman Copperman, Peter Cristal, Barney Roseman, Barney Cristal and Abraham L. Specter were by birth, religious belief and conviction Jews, and associated themselves together for the purpose of worshipping God according to the usages and methods of the Jews, under the name of the Congregation Benai Israel of Brandon;
AND WHEREAS the object of their association was the maintenance of public worship and the enlargement of church ordinances, according to the usages of the orthodox Jews, as exemplified by the Reverend Dr. Adler, of London, England;
AND WHEREAS the persons hereinbefore named and others, by their petition, prayed that the said association should be an independent, self-governing body, the government of which should be amenable to no other religious and ecclesiastical body, and that it should elect its own officers, transact its own business, determine what persons should be received and what persons excluded from its fellowship, according to its understanding of the Word of God; incorporated for the better attainment of their object;
AND WHEREAS their prayer was granted and resulted in the enactment of An Act to incorporate "The Congregation Benai Israel of Brandon", assented to February 13, 1907;
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:
The Congregation Benai Israel of Brandon (hereinafter referred to as "the corporation"), is hereby continued as a corporation consisting of those persons who are members of the said congregation on the coming into force of this Act and all other persons who hereafter become members.
The corporation is a congregational church of Jews, according to the faith and order of the said Jews, as exemplified by the Reverend Dr. Alder, of London, England.
The corporation may acquire, take, hold and possess, for its own corporate use, movable and immovable property, and may sell, hypothecate and otherwise alienate and dispose of all such property, and may acquire other property in lieu thereof.
The corporation may appoint and induct a rabbi or officiating minister, and may at pleasure remove him and appoint and induct another in his place at any time.
Dealings with property, real and personal
The corporation may receive, acquire and hold, by any description of title, lands and tenements and movable property, mortgages and promissory notes, for the sole use and benefit of the said church corporation, and may at any time sell and alienate, mortgage and hypothecate such property and apply the proceeds thereof for the purpose for which it is authorized to acquire the same.
The corporation shall, subject to the provisions hereof, have power to sell, convey, exchange and alienate, mortgage, lease or demise any lands, tenements and hereditaments held by the corporation, and the the corporation may also from time to time invest any or all of its funds and moneys in and upon any mortgage, security on lands, tenements and hereditaments, and other securities, in any part or parts of Manitoba, and for the purposes of such investments may take, receive and accept a mortgage or mortgages, or any assignment or assignments thereof, whether the same be made directly to it or to some person or persons in trust for it, and shall have and enjoy the same, and have as large, full and ample powers and rights of sale and foreclosure, action and suit, upon and for the purposes of enforcing all covenants, stipulations, conditions and mortgages, and all matters and things contained in such mortgages, or any of them, in as ample a manner as if it were a private person, and may sell, assign, grant and transfer all such securities to any person or persons capable of receiving any assignment thereof, and may release or discharge such mortgages or any of them.
The corporation shall have power to borrow money from time to time, either upon mortgage upon movable property or real estate or promissory notes.
Property may be held in name of trustees
The corporation is hereby empowered to accept a conveyance of real property, in the name of the trustees of the corporation, for the erection of a place of worship thereon, and of any other real or personal property hereafter to be acquired under the provisions of this Act, which shall be held in the name of trustees for the use of the corporation, which said trustees shall have the right to do, in the name of the corporation, all the acts authorized hereinbefore and hereinafter granted, subject to the rules and regulations hereinbefore and hereinafter provided for; provided, however, that any party or parties dealing with the said trustees shall not be bound to ascertain the authority of the said trustees to do or suffer any act, or exercise any power given to the corporation under this Act, but the affixing of the seal of the corporation, verified in the manner hereinafter set forth, shall be all that shall be requisite to bind the corporation.
Rules and regulations may be framed by members
The members of the said congregation hereinbefore set forth shall have power to formulate and pass, by majority, all such rules and regulations regarding the management of the property of the corporation, the sale or letting of pews, the provision of the necessary expenses, the acceptance, expelling or rejecting of members, the substitution of trustees, and all other matters necessary to the maintenance by the congregation of its place of worship and property, with power to change and alter, from time to time, said rules and regulations by a two-thirds vote, and such rules and regulations shall be and comprise the constitution of the said church.
Execution of deeds and promissory notes
Any conveyance of real estate, whether by deed or mortgage, shall be made in the name of the corporation, and shall be deemed to be duly executed and delivered for that purpose if the same has affixed thereto the seal of the corporation, verified by the signatures of four or more of the trustees of the said church, and all promissory notes shall be deemed duly signed by the affixing of the signatures of the president, secretary and treasurer of the corporation.
No member or officer of the church or corporation shall be liable for any debt thereof, beyond the sum which shall be equal to the amount of his or her subscription which may remain unpaid, and all members and officers of the church and corporation, not being in arrears under the said rules and regulations for subscriptions or otherwise, shall be wholly free from liability for any debt or engagement of or on account of the corporation.
The corporation shall at all times, when required by the member of the Executive Council charged with the administration of The Corporations Act, make a full return of property held by it under the powers hereinbefore provided, with such details as the said member of the Executive Council may require.
NOTE: This Act replaces S.M. 1907, c. 49.