|This is an unofficial archived version of The First Church of Christ, Scientist, Winnipeg Incorporation Act|
as enacted by SM 1990-91, c. 1 on November 14, 1990.
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R.S.M. 1990, c. 54
The First Church of Christ, Scientist, Winnipeg Incorporation Act
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WHEREAS the persons hereinafter named, together with other persons, by their petition prayed that First Church of Christ, Scientist, Winnipeg should be incorporated: Andrew William Mainland, Milton Austin, Jerold S. Stephenson, William Lough, Mrs. Margaret Kastner, Miss Margaret M. Ellison, Mrs. Sophia C. Darby;
AND WHEREAS their prayer was granted, and resulted in the enactment of An Act to incorporate "First Church of Christ, Scientist, Winnipeg", assented to February 18, 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;
NOW THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
First Church of Christ, Scientist, 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 such other persons as may hereafter be received as members of the said church, according to the rules relating thereto.
The corporation shall be a Church of Christ, Scientist, according to the faith and doctrine of the Christian Scientists, for the purpose and with the object of the dissemination and demonstration of truth as contained in the Bible taught and practised by Jesus Christ, and interpreted to this age in the Christian Science text book, "Science and Health, with key to the Scriptures," by Mary Baker G. Eddy, and for the further purpose and object of promoting and advancing the cause of Christian religion in conformity with the doctrines, rules and discipline of the Christian Science Church, and to aid in any benevolent, charitable and philanthropic enterprise by means of educational, missionary or other agencies, instrumentalities and methods available for and tending to such ends and aims.
The corporation may receive, acquire and hold by any description of title, lands and tenements, immovable and movable property, mortgages, promissory notes or other securities for money, for the sole use and benefit of the corporation, and for religious and benevolent purposes in the Province of Manitoba, affiliated thereto or otherwise under the supervision and control thereof, and may from time to time sell, alienate, mortgage and hypothecate any such property and apply the proceeds thereof in furtherance of the purposes for which it is hereby authorized to acquire the same.
The corporation shall, in addition to the powers conferred upon it by section 3, and 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 corporation, whether simply by way of investment for the uses and purposes of the corporation or not, and the corporation may also from time to time invest all or any of its funds and moneys, and all or any funds and personal property which may be vested in or acquired by the corporation for benevolent, ecclesiastical or educational purposes aforesaid, in and upon any mortgage security of lands, tenements and hereditaments, and in 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 such mortgage or assignment be made and executed directly to it in its own corporate name, or to some other corporation or body politic and corporate, or to some company or person or persons in trust for it, and shall have and enjoy the same and as large, full and ample powers and rights of sale and foreclosure, action and suit upon and for the purposes of enforcing the covenants, stipulations, conditions and agreements, and all matters and things contained in such mortgages or any of them, and in as ample a manner as if it were a private person able and capable in law; and further may sell, grant, assign and transfer such mortgages or any of them to any person, company or body capable of receiving any assignment thereof, and may release and discharge such mortgages or any of them, either wholly or partly. The corporation shall have power to borrow money from time to time and grant therefor promissory notes or a mortgage upon its movable or immovable property or real estate.
The property of the corporation shall be held and administered by trustees or directors as provided for in the constitution, to and for the use of the corporation. The trustees or directors shall always be subject to a directing vote of the church, and shall have power to sell, mortgage, hypothecate or transfer the property of the corporation without a specific vote of the church. But the real estate of the corporation shall not be sold, mortgaged or hypothecated unless it shall be so resolved by a two-thirds majority vote of the members of the said church in good standing present and voting, being of the age of 21 years and upwards, at a special meeting called for the purpose aforesaid by a notice given at public service on each of the four Sabbath days preceding the date of the said meeting.
Any conveyance, mortgage or lease of real estate or any interest therein by the church or corporation shall 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 two or more of the trustees or directors of the said church, and by the chairman or secretary of the meeting at which said document was accepted or ordered to be prepared, and the discharge of a mortgage, if executed in the same way, shall be deemed to be properly and effectually executed.
The corporation shall not be liable for any debt or obligation incurred on its behalf, except for ordinary current expenses, unless the same shall have been contracted with the approval of the church, expressed at a meeting of the church duly called in the manner provided in section 5 hereof.
No member or officer of the church or corporation shall be liable for any of the debts thereof beyond the sum which shall be equal to the amount of his or her annual subscription which may remain unpaid. All members and officers of the church, not being in arrears for subscription or otherwise, shall be wholly free from liability for any debt or engagement of or on account of the corporation.
There shall be no capital stock in the corporation.
It is expressly declared that the purposes of this corporation are purely benevolent, charitable and philanthropic; that it is a corporation not for gain; that none of its property, either real or personal, shall ever be used and expended except in carrying into effect the legitimate powers and purposes of its being.
The corporation may receive and apply to the aims and objects hereinbefore specified all such loans, gifts and bequests, and accept and execute all such trusts in aid thereof, as may be offered for the purposes herein specified and authorized.
There shall be not less than five trustees or directors of the corporation, who shall be elected at such times and in such manner and shall hold office for such term or terms as shall be provided by the by-laws.
The corporation shall enjoy all the rights, privileges and immunities, and shall exercise all the powers now conferred, or which may hereafter be conferred, by the laws of the Province of Manitoba upon corporations of a similar kind and nature.
The corporation shall have power to make and adopt such rules and by-laws as may be deemed necessary for the regulation and governance of the affairs of the corporation, in so far as the said rules and by-laws are in accord with the by-laws of "The First Church of Christ, Scientist, in Boston, Massachusetts," provided the same are not repugnant to the statutes of the Dominion of Canada or of the Province of Manitoba, or of this Act, and shall have like power to amend, alter or repeal the same.
The corporation may exercise all its powers by or through such boards or committees as the corporation may from time to time appoint by by-law for the management of all or any of the affairs or property of the corporation.
The corporation may appoint or remove all such officers as may be found necessary for the management of the affairs or business of the corporation and provide for their remuneration.
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 all property held by it, with such details and other information as the said member may require.
NOTE: This Act replaces S.M. 1907, c. 53.