as enacted by SM 1990-91, c. 1 on November 14, 1990.
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R.S.M. 1990, c. 209
The Waverley Fellowship Baptist Church Incorporation Act
WHEREAS Archibald Ferguson Brown, Barber; Herbert Henry Bonham, Miller; and Wilfred Albert Heal, Munitions Worker, all of the City of Winnipeg in the Province of Manitoba, associated themselves together for the purposes of worshipping God according to the tenets of Regular Baptist Churches under the name of The Bethany Regular Baptist Church;
AND WHEREAS they, by their petition, prayed that The Bethany Regular Baptist Church should be incorporated;
AND WHEREAS their prayer was granted, and resulted in the enactment of An Act to incorporate The Bethany Regular Baptist Church, assented to March 17, 1943;
AND WHEREAS the Act was subsequently amended and the name of the corporation changed to Portage Avenue Baptist Church and then to Waverley Fellowship Baptist Church;
AND WHEREAS Richmond West Baptist Church, an unincorporated religious society under the Religious Societies Lands Act, united with the Waverley Fellowship Baptist Church and the united church continued as a corporation under the Act;
AND WHEREAS the Minister of Justice has caused the Act to incorporate Waverley Fellowship Baptist Church 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:
Waverley Fellowship Baptist Church (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 all other persons who may hereafter become members of the said congregation.
The corporation may acquire, take, hold, receive, retain, enjoy and possess for its corporate use, immovable, real or personal corporeal or incorporeal property, lands, tenements, and hereditaments and for any 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; and may sell, mortgage, alienate, exchange, lease or demise, hypothecate and otherwise alienate and dispose of such property, and may acquire other property in lieu thereof.
The corporation shall, in addition to the powers conferred upon it by section 2 have power from time to time to invest any or all of its funds and moneys in and upon any mortgage, security on lands, tenements and hereditaments, and other securities, and for the purposes of such investments may take, receive and accept a mortgage or mortgages, or any assignment or assignments thereof, whether the same by made directly to it or to some person or persons in trust for it, and shall have and enjoy the same, and have as large, full and ample powers and rights of sale and foreclosure, action and suit, upon and for the purposes of enforcing all covenants, stipulations, conditions and mortgages, and all matters and things contained in such mortgages or securities or any of them, in as ample a manner as if it were a private person and may sell, assign, grant and transfer all such mortgages or securities to any person or persons, capable of receiving any assignment thereof and may release or discharge such mortgages or securities or any of them, and may borrow money from time to time upon promissory notes or other securities.
All real and personal property now held in or for any estate or interest, for or on behalf of the members of the corporation, or purchased or acquired for its uses and purposes, shall be deemed to be and shall be real and personal property of the corporation, subject however to all trusts and conditions to which it is now subject in the hands of any person, and all transfers and conveyances thereof shall be made to the corporation and all titles shall be issued in the name of the corporation.
The members of the corporation shall have power to formulate and pass by a majority all such by-laws, rules and regulations not contrary to law, relating to and with respect to, the business and affairs of the corporation, the management of the property of the said corporation, including the number of the trustees which shall not be less than three, the removal, substitution and election of the trustees and the times and places of all and any meetings of and for the purposes of the corporation.
Any transfers or conveyances of real estate whether by transfer or deed, or mortgage or otherwise, shall be made in the name of the corporation and shall be deemed to be duly executed and delivered for that purpose if the same has affixed thereto the seal of the corporation verified by the signatures of three or more of the trustees of the corporation, and all promissory notes or bills of exchange shall be deemed to be duly signed by affixing thereto the signatures of three or more of the trustees of the corporation.
A certificate in writing signed by the trustees, that the persons named therein are the trustees of the corporation, shall be sufficient proof of such fact.
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 property held by it under the powers hereinbefore provided, with such details as the said member may require.
If there is any conflict between this Act and The Religious Societies' Lands Act the provisions of this Act shall prevail.
NOTE: This Act replaces S.M. 1943, c. 67.