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This is an unofficial archived version of The Sisters of the Order of St. Benedict Incorporation Act
as enacted by SM 1990-91, c. 1 on November 14, 1990.
 

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R.S.M. 1990, c. 182

The Sisters of the Order of St. Benedict Incorporation Act

Table of contents

WHEREAS there existed in the City of Winnipeg, in the Province of Manitoba, a monastic community of women known under the name of the Sisters of the Order of St. Benedict, whose object was education and the practice of Christian charity, the visitation and care of the sick and the conducting of hospitals;

AND WHEREAS the prioress and officers hereinafter named, by their petition, prayed that The Sisters of the Order of St. Benedict should be incorporated:  The Reverend Sisters M. Veronica Zygmanska, prioress of the said monastic community; M. Ladislaus Michalczuk, M. Candida Jakubik, M. Kostka Ignasiak;

AND WHEREAS their prayer was granted, and resulted in the enactment of An Act to incorporate the "Sisters of the Order of St. Benedict", assented to February 15, 1913;

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:

Continuation

1

Sisters of the Order of St. Benedict (hereinafter called the "Corporation") is continued as a corporation consisting of those persons who were members on the coming into force of this Act and such other persons who may hereafter become members of such monastic community.

Powers

2

The Corporation shall have full power to devise and establish such rules, by-laws and regulations, not being contrary to the provisions of this Act or of the laws of the Province, as they shall deem useful and necessary for the superintendence and management of all real and personal estate belonging to or which shall hereafter belong to the Corporation, and for the admissions of the members therein; and may, under the said name, hold, possess, have or receive for themselves and their successors, for the uses and purpose of the Corporation, such lands, tenements and hereditaments, lying and being in the province, as are necessary for the purposes of the Corporation, and may sell, alienate, build upon and dispose of the same, and acquire others in their stead for the same purposes.  The Corporation is hereby empowered to borrow from any corporations, individual or individuals such sum or sums of money, at such rate or rates of interest, and on such terms and for such length of time, as to the Corporation shall seem expedient or advisable, and the Corporation is also hereby empowered to grant, mortgage, hypothecate or pledge all or any portions of its estate, real or personal, including stocks, shares, bonds, debentures, promissory notes, bills of exchange or other securities of which it may at the passing of this Act or at any future time, become seized, possessed or in any way interested in, to secure repayment of the moneys so borrowed, when and so often as it may deem it expedient, and to make and execute under its common seal and the hand of the prioress for the time being, or her attorney or otherwise according to the rules and by-laws of the monastic community all proper deeds, bonds, debentures and instruments, and to do all other acts, matters and things requisite or necessary to effect and accomplish all and singular the premises and all other things provided for by the powers hereby granted, and such deeds, instruments and mortgages may contain such powers, terms and provisions as the Corporation shall consider expedient; and it is hereby declared that the corporation or individual lending money, secured by mortgage or otherwise as aforesaid, shall not be bound to see to the application of the money so borrowed; and the Corporation shall have full power to receive gifts, legacies and bequest of such property, real or personal, as may be given or bequeathed to it for purpose of the Corporation work; provided that, in the case of real property, excepting such property as is necessary for the actual carrying on of the work of the Corporation, it shall not be held by the Corporation for a longer period than 10 years.

Purposes of Corporation

3

The purposes of the Corporation shall be education and the practice of Christian charity, the acquiring, establishing, erecting, equipping, maintaining and conducting of hospitals, sanitoria and other institutions devoted to the maintenance, care and healing of sick, aged, infirm and homeless persons and orphans and neglected children.

Management

4

The affairs of the Corporation shall be managed by members thereof for the time being, in accordance with the rules and regulations to be established from time to time by such members, and three of such members shall be a quorum for the transaction of business.

Prioress to be head of Corporation

5

The prioress of the monastic community for the time being shall be the head of the Corporation, and the rules and regulations of the monastic community shall be evidenced by her signature and the seal of the Corporation, and shall be entered in a book kept for that purpose.

Returns of Corporation

6

It shall be the duty of the Corporation, when called upon to do so by the Lieutenant Governor in Council, to render an account of the property assessed in virtue of this Act, the income by the Corporation derived from such property, the number of members of the said Corporation, the number of orphans, old persons, invalid and sick persons assisted by the Corporation inside or outside of its institutions and, the number of pupils that frequent the schools of the monastic community, and the number of the schools taught by them.

NOTE:  This Act replaces S.M. 1913, c. 128.