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R.S.M. 1990, c. 153
The Rosh Pina Congregation Incorporation Act
WHEREAS certain persons by birth, religious belief and conviction, of the Hebrew faith associated themselves together for the purpose of worshipping God, according to the usages and practices of Hebrews under the name of Rosh Pina Congregation;
AND WHEREAS the object of their association was the maintenance of public worship, the enlargement of religious ordinances and the procuring and providing of education in the tenets and practices of Judaism, as the same were held and observed by persons of the Hebrew faith, and appurtenant thereto, to purchase, equip, erect and maintain a cemetery, subject however to all rules, regulations, by-laws and acts in force in the Province of Manitoba, pertaining to the erection and maintenance of cemeteries;
AND WHEREAS the said persons deemed it expedient that the said association should be an independent, self-governing body, the administration 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 its religious precepts;
AND WHEREAS the persons hereinafter named, by their petition, prayed that the Rosh Pina Congregation should be incorporated: Louis C. Cohen, Harry Silverberg, Harry Cantor, David Levin, Jack Markson, William S. Katz, Max Margolis and Robert I. Soronow, all of the City of Winnipeg, in the Province of Manitoba;
AND WHEREAS their prayer was granted, and resulted in the enactment of An Act to incorporate "Rosh Pina Congregation", assented to April 6, 1956;
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:
Rosh Pina Congregation (hereinafter called "the congregation") is continued as a corporation consisting of those persons who are members on the coming into force of this Act, and all persons who may hereafter become members of the congregation.
The congregation shall be a congregation of Hebrews, governed in its faith, ceremonial and religious observances and manner of divine service by Rabinical laws and precedents.
The congregation may from time to time and at all times hereafter purchase, take, hold, receive, possess, retain and enjoy property, real and personal, corporeal and incorporeal whatsoever, and for any and every estate or interest therein whatsoever given, granted, devised, or bequeathed to it, or appropriated, purchased, or acquired by it in any manner or way whatsoever, to, for, or in favor of, the uses and purposes of the corporation or otherwise.
The congregation may also sell, convey, exchange, alienate, mortgage, lease or demise any real or personal property held by it, whether by way of investment for the uses and purposes of the congregation or not, and may also invest all or any of its funds or moneys and all or any funds or moneys invested in or acquired by it for the uses and purposes aforesaid, in and upon any security by way of mortgage, hypothec, or charge upon real or personal property; and for the purposes of such investment may take, receive and accept mortgages or assignments thereof, whether made or executed directly to the Congregation, or to any corporation, body, company or person, in trust for it, and may sell, grant, assign or transfer such mortgages or assignments either wholly or in part.
The entire administration, management, control and custody of the affairs, property and funds of the congregation shall be vested in a board of directors (hereinafter called "the board"), subject to the provisions of this Act and the rules by-laws, and regulations, for which provision is hereinafter made.
The Board shall consist of no less than 15 members, elected at the Annual Meeting of the congregation and shall hold office for such term as may be provided by the constitution of the congregation.
The congregation shall elect from amongst its members such officers as are provided for by its constitution.
The congregation may from time to time for its purposes:
(a) borrow money upon the credit of the congregation;
(b) limit or increase the amount to be borrowed;
(c) make, draw, accept, or endorse any bill of exchange;
(d) mortgage, hypothecate, or pledge the real or personal property of the congregation, or both, to secure any money borrowed for the purposes of the congregation.
The congregation may sell, mortgage, convey or make an agreement for sale of real property only when specially authorized so to do by a resolution passed by two-thirds of the members present at a special general meeting of the congregation called for the purpose of considering the same.
Every mortgage, conveyance, lease or other instrument affecting land executed under the seal of the congregation verified by the signatures of two officers of the congregation and accompanied by a certified copy of the resolution of the congregation authorizing the same, shall be binding upon the congregation.
All bills of exchange and other instruments not covered by subsection (2) hereof shall be deemed duly executed and binding on the congregation verified by the signatures of two officers thereof.
The members of the congregation may formulate and pass by a majority of members present at a special general meeting, convoked for that purpose, all necessary rules, by-laws and regulations for the management and conduct of the affairs of the congregation, with power to change, amend and alter from time to time the said rules, by-laws, and regulations, by a two-thirds vote of the members present at any general meeting of the congregation; and such rules, by-laws and regulations, shall be and comprise the constitution of the congregation.
The congregation may, in any manner not contrary to law, acquire, establish, erect, equip, maintain, and conduct, a synagogue or synagogues in the Province of Manitoba, and appurtenant thereto to purchase, equip, erect and maintain a cemetery, subject however, to all rules, regulations, by-laws and acts in force in the Province of Manitoba, pertaining to the erection and maintenance of cemeteries, and generally exercise all such powers as are necessary for the carrying out of the objects and purposes of the congregation.
No member or officer of the congregation shall be liable for any debts thereof beyond the sum which shall be equal to the amount of his or her unpaid levies, subscriptions or donations; and all members and officers of the congregation, not being in arrears under the said rules, by-laws, and regulations, for such unpaid levies, subscriptions or donations or otherwise, shall be wholly free from liability for any debt or engagement of, or on account of, the congregation.
On April 6, 1956, all the lands, estates, properties, real, personal, or mixed, effects, rights, credits, choses-in-action, and causes of action, of every description belonging to, or standing in the name of, or existing in the Trustees of North End Synagogue, Religious Society, in the City of Winnipeg, in the Province of Manitoba, were transferred to, and vested in the Rosh Pina Congregation, without further act, conveyance, or other deed, to and for the use and benefit absolutely of the Rosh Pina Congregation, its successors, and assigns, for all the estate, right title, interest, claim and demand which the Trustees of North End Synagogue, Religious Society, in the City of Winnipeg, in the Province of Manitoba had on that date or thereafter became or may become entitled to; and the Rosh Pina Congregation may exercise all the powers, rights, and privileges, over or in respect of them, or any of them, that the Trustees of North End Synagogue, Religious Society, in the City of Winnipeg, in the Province of Manitoba, has or had or could or might have exercised.
The Rosh Pina Congregation from April 6, 1956, may:
(a) sell, release, discharge, assign, tranfer, convey, dispose of, or otherwise deal with, all or any of the said lands, estates, properties real, personal or mixed, effects, rights, credits, choses-in-action, and causes of action, aforesaid;
(b) execute all requisite or proper assignments, transfers, discharges, releases, deeds, grants or other conveyances, or other documents whatsoever, as occasion therefor arises;
(c) exercise all powers in connection therewith, or with respect thereto, in the name of the Rosh Pina Congregation in the same manner as if they stood in the name of, or had been made to or in favor of, the Rosh Pina Congregation.
NOTE: This Act replaces S.M. 1956, c. 94.