|This is an unofficial archived version of The Grand Orange Lodge of Manitoba Incorporation Act|
as enacted by SM 1990-91, c. 1 on November 14, 1990.
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R.S.M. 1990, c. 61
The Grand Orange Lodge of Manitoba Incorporation Act
|Table of Contents|
WHEREAS certain persons were associated together in this Province, under the names of the Grand Orange Lodge of Manitoba and subordinate Lodges of the Orange Order, and by their petition, prayed that the Grand Orange Lodge of Manitoba should be incorporated;
AND WHEREAS their prayer was granted, and resulted in the enactment of An Act to incorporate the Loyal Orange Association of Manitoba, assented to July 7, 1883;
AND WHEREAS the first members of the corporation included the following persons: Isaiah Mawhinney, Stewart Mulvey, John Niblock, John W. H. Wilson and George Patterson, members of the Grand Orange Lodge of Manitoba;
AND WHEREAS the Minister of Justice has caused the Act to be prepared in English and French for re-enactment as The Grand Orange Lodge of Manitoba Incorporation Act 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 the Province of Manitoba, enacts as follows:
Grand Orange Lodge of Manitoba (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 shall become members.
It shall be lawful for the corporation to acquire and hold real and personal property, and the same to sell, convey, control, mortgage, lease or otherwise manage or dispose of, at pleasure, provided that the real estate to be held by the corporation shall at no time exceed in value the sum of $100,000.
The corporation shall have power to appoint any of its present officers, or such other members or officers of the association, for the management of its funds and property, as it may from time to time deem expedient; to prescribe their duties, and to require such security as it may deem proper from said officer or officers, or any of them, for the faithful performance of their respective duties; and may remove them, or any of them, at pleasure; and may make and ordain, and put in execution, such by-laws and rules as they may deem necessary for the purpose aforesaid, not inconsistent with the laws of this Province.
Each subordinate, that is county, district, or private lodge, of the corporation now instituted, or that hereafter may become instituted, within the Province may, in the manner hereinafter specified, be and become a body politic and corporate, by the name, number and place of location by which it is or may be designated in the said order; and each subordinate lodge, upon so becoming incorporated, shall have all the powers and privileges conferred upon the corporation by this Act, for the sole purpose of managing their real and personal estate; provided that the real estate to be held by such subordinate lodge shall in no case exceed the sum of $50,000., and shall be held for their own use and occupation only.
Each subordinate lodge which may be desirous of becoming incorporated shall and may by a vote of two-thirds of the members present at any regular meeting (of the intention to propose which vote, two week's notice at least shall be given in regular meeting of such subordinate lodge, by some member thereof, in writing) decide to become so incorporated; and upon a copy of the vote of such decision, specifying the name, number and place of location of such lodge, and the names of not less than 10 of the members of such subordinate lodge, and of the seal of the said subordinate lodge, and the signatures of its secretary and presiding officer, together with a certificate of the corporation under its corporate seal, and the signature of its presiding officer and secretary, that such subordinate lodge is in full standing in the Order, being filed in the office of the member of the Executive Council charged with the administration of The Corporations Act, the members of such subordinate lodge, whose names may be included in such vote as aforesaid, and their associates and successors, members of such subordinate lodge, shall be and become from the time of the filing of the certificate, as aforesaid, a corporation, by the style or name, number and place of location of such subordinate lodge.
It shall be lawful for the treasurer of each subordinate lodge so incorporated, and he is hereby empowered, from time to time, by and with the consent of such subordinate lodge, to be attested in such manner as may be directed by their by-laws, to lay out and invest all such sums of money as shall from time to time be collected, and not required for the immediate exigences of such subordinate lodge, in real estate or on mortgage, or in public or other stock or funds, or in such other manner as such subordinate lodge may deem best; and from time to time with the like consent, to alter, sell and transfer such securities, real estate or funds, respectively, and otherwise re-invest and dispose of the same, and the certificate, bill of sale, deed or other instrument of transfer, sale or discharge of such estate, or funds or security, shall be made under the seal of such subordinate lodge, and signed by the treasurer and presiding officer of such subordinate lodge; and all such investments shall be made in the separate name and capacity of such subordinate lodge; provided always, that no such real estate shall be sold or otherwise disposed of without the consent first had and obtained of the corporation such consent to be by resolution passed at a regular meeting of the corporation.
It shall and may be lawful for each subordinate lodge so incorporated to receive from the treasurer thereof, from time to time, in its corporate name, sufficient securities by bonds, with one or more surety or sureties, or otherwise, as such subordinate lodge may deem expedient, for the faithful performance of his duty as such, and that he will well and truly account for, pay and invest, from time to time, as directed by such subordinate lodge, all such sum or sums of money, funds or other property as may come into his hands or under his control, belonging to the said subordinate lodge, and shall render and deliver up to the said subordinate lodge, or its successors in office, or any other person as authorized by this Act to receive them, all such monies, funds, deeds, bonds or mortgages, or stock, or any other funds in his possession or under his control, belonging to such subordinate lodge, at the expiration of his term of office, or when ordered to do so by the said subordinate lodge.
No member of the corporation, or of any subordinate lodge so incorporated, shall have any power to assign or transfer to any person or persons whomsoever, any interest which he may have to or in the funds or property of the corporation, or such subordinate lodge, but the same shall at all times be and remain under control of the corporation or such subordinate lodge respectively; and no property or stock of any kind belonging to the corporation, or subordinate lodges, shall be subject to the payment of the private debts of any of its members, nor liable to be taken in execution by any judgment creditors against any individual member or members of the corporation or subordinate lodge.
Should any subordinate lodge cease to exist from any cause whatever, the property (real and personal) held or belonging to such subordinate lodge, shall at once vest in the corporation, but charged with the payment of the debts of such subordinate lodge to the full extent of such property.
Whenever a debt has been or shall be contracted by any such lodge incorporated under this Act for the building, repairing, extending or improving of any building or land held by any such lodge under the provisions of this Act, or for the purchase of the land on which the same has been or is intended to be erected, any such incorporated lodge may, from time to time, secure the debt or any part thereof by a mortgage upon the land and buildings, or may borrow money to pay the debt or part thereof, and may secure the repayment of the loan and interest by a like mortgage, upon such terms as may be agreed upon.
Any such lodge so incorporated may, from time to time, lease, for any term not exceeding 10 years, any land held by them under the provisions of this Act, at such rates and upon such terms as they may deem reasonable.
All subordinate lodges that may become incorporated under the provisions of this Act, and the members thereof, shall from thenceforward be and become subject and amenable to the by-laws, rules and regulations of the corporation, and shall have and exercise all their powers and privileges under this Act, subject to the said by-laws, rules and regulations, and not otherwise.
When any member is expelled or suspended by any subordinate lodge, or by the corporation or in case any member retires from such subordinate lodge, the said member shall cease to have any interest or claim whatever upon the funds or property of such subordinate lodge while so expelled, suspended or retired.
Provided always, that nothing in this clause shall be construed to relieve any subordinate lodge or the corporation of any debt due to said member so expelled, suspended or retired.
In case the corporation declares the warrant of any subordinate lodge forfeited, pursuant to the by-laws, rules and regulations of the corporation, such subordinate lodge shall stand dissolved.
NOTE: This Act replaces S.M. 1883, c. 92.