as enacted by SM 1990-91, c. 1 on November 14, 1990.
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R.S.M. 1990, c. 43
The Congregation House of Jacob of Winnipeg Incorporation Act
WHEREAS Jacob A. Chmelnitsky, Lazarus Berger, Samuel Shore, David Israelovitch, Peter Asovitch, Max Soronow, Louis Clingman, Shea Kershner, Ben Starikoff and Abraham Berg were by birth, religious belief and conviction, Jews, and associated themselves together, for the purpose of worshipping God according to the usages and practices of orthodox Jews, under the name of The Congregation House of Jacob of Winnipeg;
AND WHEREAS the object of their association was the maintenance of public worship, the enlargement of church ordinances and the procuring and providing education in the tenets and practices of Judaism as the same are held and observed by orthodox Jews;
AND WHEREAS those persons, by their petition, prayed that their association should be incorporated as 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, and 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 House of Jacob of Winnipeg," assented to March 24, 1911;
AND WHEREAS the first members of the said corporation included the following persons: Jacob A. Chmelnitsky, Lazarus Berger, Samuel Shore, David Israelovitch, Peter Asovitch, Max Soronow, Louis Clingman, Shea Kershner, Ben Starikoff and Abraham Berg;
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 House of Jacob of Winnipeg (hereinafter referred to as "the corporation") is continued as a corporation consisting of those persons who are members on the coming into force of this Act and all other persons who may hereafter become members of the said congregation.
The corporation shall be a congregational church of Jews, governed in its faith, ceremonial and religious observances and manner of divine service by Rabbinical laws and precedents.
The corporation may acquire, take, hold and possess, for its corporate use, movable and immovable property, and may sell, mortgage, 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, who, at pleasure, may remove and appoint and induct another in his place at any time.
Holding of 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 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 in addition to the powers conferred upon it by section 4, subject to the provisions thereof, have power to sell, convey, exchange and alienate, mortgage, lease or demise any lands, tenements and hereditaments held by the said corporation, and the said corporation may also from time to time invest any or all of its funds and moneys in and upon any mortgage, security or lands, tenements and hereditaments, and other securities, in any part or parts of Manitoba, and for the purposes of such investment 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 or immovable property or real estate or promissory notes.
Erection of place of worship and of school house
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 or of a school-house to be used for the education of young persons in the tenets and practices of Judaism as the same are held and observed by orthodox Jews. The corporation is further empowered to accept a conveyance of any other real or personal property for the purposes of this Act, and the same shall be held in the name of the trustees for the use of the corporation. The trustees shall have the right to do, in the name of the corporation, all the acts authorized by this Act and shall have vested in them on behalf of the corporation all the powers granted by this Act, subject to any rules and regulations that may be formulated and passed as hereinafter provided; provided, however, that any party or parties dealing with the trustees shall not be bound to ascertain the authority of the 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.
On removal or substitution of any trustee, the powers herein granted to the said trustee shall immediately vest in the remaining trustees and such substituted trustee or trustees; provided, however, that until a declaration of such removal or substitution of such trustee or trustees under the seal of the corporation, is filed in the land titles office of the City of Winnipeg, the trustees shall be deemed to remain unchanged.
Framing of rates and regulations
The members of the said congregation shall have power to formulate and pass by a majority vote 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 mode and manner of carrying out election of officers and trustees of the corporation, the mode and manner of conducting the said school and providing for the same, the removal, substitution of or reduction in number of trustees, and all other matters necessary to the maintenance by the congregation of its place of worship, school and property. The said congregation shall also have power to change and alter said rules and regulations by a two-thirds vote, and such rules and regulations shall be and comprise the constitution of the said congregation.
Mode of execution of deeds and mortgages
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 six 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 subscriptions which may remain unpaid by such member or officer, 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 may require.
NOTE: This Act replaces S.M. 1911, c. 85.