|This is an unofficial archived version of The Manitoba Club Act|
as enacted by SM 1990-91, c. 1 on November 14, 1990.
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R.S.M. 1990, c. 92
The Manitoba Club Act
|Table of Contents|
WHEREAS the Manitoba Club was duly incorporated under the provisions of its Act of Incorporation, being chapter 51 of the statutes of Manitoba, 1875, which Act and amendments thereto were consolidated by The Manitoba Club Act, being chapter 90 of the statutes of Manitoba, 1883, which Act was further amended by chapter 147 of the statutes of Manitoba, 1913-1914;
AND WHEREAS the Manitoba Club, by its petition, prayed that an Act of the Legislative Assembly of the Province of Manitoba be passed for the purpose of consolidating and amending the said Act of Incorporation and amendments thereto, and enlarging and otherwise amending certain of the powers therein;
AND WHEREAS its prayer was granted, and resulted in the enactment of An Act to amend "The Manitoba Club Act, 1883", assented to April 9, 1931;
AND WHEREAS the Minister of Justice has caused this 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:
Manitoba Club (hereinafter referred to as "the club") is continued as a corporation consisting of those persons who are members on the coming into force of this Act and such persons as shall hereafter become members of the club.
The club shall have perpetual succession and a common seal, and shall be capable of suing and being sued, pleading and being impleaded, in all courts and places whatsoever, and shall be capable of purchasing, acquiring, holding, possessing and enjoying the use of any lands, hereditaments, premises, real and movable property within the city of Winnipeg, in the Province of Manitoba, and of selling, exchanging or otherwise disposing of or dealing with the same whensoever and howsoever the club may deem it proper and desirable.
The affairs of the club shall be managed by a committee of seven resident members of the club in accordance with this Act and the by-laws made thereunder. Such committee shall have full power in all things to administer the affairs of the club, and may make or cause to be made for the club any description of contract which the club may by law enter into, and shall have power from time to time to make by-laws, rules and regulations not contrary to law or the provisions of this Act, with power to amend, repeal or re-enact the same for all purposes bearing on the affairs, business or property of the club, its constitution, management, government, meetings, aims, objects and interests, including the admission and expulsion of members, but no such by-law nor any repeal, amendment or re-enactment thereof which involves the encumbering or the sale of real property belonging to the club shall be of any force or effect unless and until approved and confirmed at an annual meeting of resident members of the club or at a special general meeting of resident members of the club called to consider the same; provided, however, that only resident members shall be entitled to vote at any meeting of the club and shall be the only members entitled to receive notice of any meeting of the club.
Unless and until otherwise provided by by-law of the club, those members of the club who reside within 20 miles of the club premises, who are entitled to enjoy the full privileges of the club under its by-laws, shall be termed "resident members".
Any such by-law, repeal, amendment or re-enactment thereof passed by the committee may be repealed, rescinded, varied or amended at a special general meeting of the resident members of the club duly called for the purpose of considering the same, or at any annual meeting of resident members of the club, and in the event of any repeal, rescission, amendment or re-enactment by the resident members of the club at such a meeting, no new by-law, having an effect contrary to the terms of such repeal, rescission, variation or amendment by the resident members shall, without the sanction of a meeting of such resident members as aforesaid, be passed by the committee, but any by-law, repeal, amendment or re-enactment of a by-law passed by the committee, unless and until so repealed, rescinded, varied or amended, shall continue in full force and effect.
The club may from time to time, in the discretion of the committee, invest any of its funds not required for immediate use or the purposes of the club, in bonds or securities issued by or guaranteed by the Government of Canada or the Government of the Province of Manitoba, or in any stocks, debentures or securities or any investment from time to time authorized for trustees under The Trustee Act and amendments thereto.
The club may from time to time borrow money at such rate as to interest and upon such terms as to repayment and upon such security as it may deem proper, and may for such purpose or to secure any liability of the club, make, execute and deliver a mortgage or mortgages upon the property, premises and assets of the club, or any of them, or issue, pledge or sell any bonds, debentures or other instruments secured by a mortgage or otherwise as it may deem proper, and any such mortgages, bonds, debentures or other instruments shall be executed under the corporate seal of the club, attested by the signatures of the president and secretary or treasurer of the club, or of such additional or other officer or officers, person or persons, or in such other manner as the by-laws of the club may from time to time provide.
No member of the club shall be liable in any way for any debt, liability or obligation of the club beyond the amount, if any, of his entrance fee and for annual subscriptions (remaining unpaid by such member) and for any unpaid account owing by such member of the club. Any member of the club, not indebted to the club, shall be entitled to withdraw and to cease to be a member on giving notice to that effect in such form as may be prescribed by the by-laws, rules and regulations of the club, and thereafter shall be free from all debts, liabilities and obligations of the club.
The club shall have power to draw, make, accept, sign and endorse bills of exchange, promissory notes, cheques and orders for the payment of money as may be necessary for the purposes of the club under the hands of its president and secretary or treasurer, or of such other persons as the committee may appoint, and in no such case shall it be necessary that the seal of the club be affixed to any such bill of exchange, promissory note, cheque or order, nor shall the president, secretary or treasurer or such other person or persons be individually responsible therefor.
Provided that nothing herein contained shall be construed to authorize the club to issue notes or bills of exchange payable to bearer or intended to be circulated as money or as notes or bills of a bank.
Every member of the committee and officer of the club shall from time to time and at all times be indemnified and saved harmless out of the funds of the club from and against any and all costs, charges and expenses whatsoever which such member of the committee, officer or servant shall or may sustain or incur in or about any action, suit or proceeding which shall be brought, commenced or prosecuted against him for or in respect of any act, deed, matter or thing whatsoever, made, done or permitted by him in or about the execution of the duties of his office, and also from and against all other costs, charges and expenses which such committee member, officer or servant shall sustain or incur in or about or in relation to the affairs of the club.
NOTE: This Act replaces S.M. 1931, c. 110.