An Act to incorporate The Synod of the Diocese of Saskatchewan

Transcription

1 SYNOD OF THE DIOCESE OF SASKATCHEWAN c An Act to incorporate The Synod of the Diocese of Saskatchewan being a Private Act Chapter 86 of the Statutes of Saskatchewan, 1933 (effective March 27, 1933). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.

2 2 c. 86 SYNOD OF THE DIOCESE OF SASKATCHEWAN Table of Contents 1 Incorporation 2 Acquisition of property 3 Disposal of property 4 Transfer of lands in trust 5 Investments 6 Borrowing powers 7 Guarantee 8 Erection of buildings 9 Executive committee 10 Execution of documents 11 Expression Church of England in certain documents defined 12 Act to be valid transfer without registration

3 SYNOD OF THE DIOCESE OF SASKATCHEWAN c CHAPTER 86 An Act to incorporate The Synod of the Diocese of Saskatchewan. (Assented to March 27, 1933.) Preamble Whereas The Synod of the Diocese of Saskatchewan was incorporated by an Act of the Parliament of Canada intituled An Act to incorporate the Synod of the Diocese of Saskatchewan and for other purposes connected therewith, being chapter 126 of the Statutes of Canada, 1882; and Whereas the present Diocese of Saskatchewan consists of all that portion of the Province of Saskatchewan, lying to the North of the line between Townships 34 and 35, and between the Manitoba boundary on the East and the Alberta boundary on the West; and Whereas it has been found expedient to divide the said Diocese of Saskatchewan into two, the dividing line being as follows: From the Manitoba border between Townships 43 and 44 due West along the township line to the South Saskatchewan River, thence North along the East bank of the river to a point opposite the line between Townships 45 and 46, thence West along the township line to the North and South line between ranges 7 and 8, West of the Third Meridian, thence North two townships and West along the township line between townships 47 and 48 to the North Saskatchewan River, thence along the East bank of the river to the Alberta border; and Whereas that portion of the existing Diocese of Saskatchewan which lies to the South of the said dividing line is to be known as the Diocese of Saskatoon, and that portion of the existing diocese which lies North of the said dividing line is to be known as the Diocese of Saskatchewan; and Whereas it has been agreed between the two proposed dioceses that all existing legislation shall be made applicable to the Diocese of Saskatoon and, therefore, a petition has been presented to the Parliament of Canada praying that the said Act first above mentioned shall be so amended as to make it applicable to the new Diocese of Saskatoon, to be so named therein; and Whereas a petition has been presented praying that the bishop, clergy and laity of the Church of England in the new Diocese of Saskatchewan be incorporated under the name of The Synod of the Diocese of Saskatchewan, with the rights, powers and privileges incidental to such incorporation; and Whereas it is expedient to grant the prayer of such petition: Therefore His Majesty, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows:

4 4 c. 86 SYNOD OF THE DIOCESE OF SASKATCHEWAN Incorporation 1 The Bishop, clergy and laity of the Church of England in the Diocese of Saskatchewan are hereby constituted a body politic and corporate under the name of The Synod of the Diocese of Saskatchewan. 1933, c.86, s.1. Acquisition of property 2 The corporation may from time to time acquire by gift, devise, purchase, exchange, lease or otherwise, and have, hold, possess and enjoy lands, tenements, hereditaments, rents, annuities and other property, moveable or immoveable, of any kind whatsoever, within the province, for the uses and purposes of the corporation or of any parish, mission, institution, college, school or hospital, connected with, or intended to be connected with, the Church of England in the said diocese. 1933, c. 86, s. 2. Disposal of property 3 The corporation may from time to time, sell, alienate, exchange, mortgage, let, lease or otherwise dispose of any part of its real or personal property. 1933, c.86, s. 3. Transfer of lands in trust4 Any person in whom real property is vested in trust for the Church of England, or to whom such property may hereafter devolve in trust for the said church, may from time to time give or sell and transfer the same to the corporation. 1933, c.86, s.4. Investments 5 The corporation may invest all or any sums of money belonging to the corporation, including the episcopal endowment fund, in any property or security whatsoever for the use and purposes of the corporation and acquire, take possession and hold all such property as may at any time be mortgaged, hypothecated or pledged to the corporation or to any other corporation or any person in trust for it, by way of security or conveyed to the corporation or such other corporation or person in trust for it, in satisfaction of obligations or debts due to it from any person, firm or corporation: Provided that any real property acquired in satisfaction of any debts due to itself and not required for the actual use and occupation of the corporation, or for the purposes of the corporation, the annual value of which together with the other lands of the corporation exceeds five thousand dollars, shall be sold by the corporation within seven years after such acquisition or within such further period to which the term may be extended by order of the Lieutenant Governor in Council, otherwise such property shall be forfeited to the Crown in the right of the province. 1933, c.86, s.5.

5 SYNOD OF THE DIOCESE OF SASKATCHEWAN c Borrowing powers 6 The corporation may borrow from any person, firm or corporation such sum or sums of money as may be found necessary for the purposes of the corporation and secure any loan to the lender or lenders by bonds, debentures, bills of exchange, promissory notes, mortgages or any other instrument or instruments whatsoever that may be required or deemed necessary or advisable by the lender or lenders. 1933, c.86, s.6. Guarantee 7 The corporation shall have power to guarantee either as joint makers, indorsers, convenantors or otherwise, all or any loans secured by bonds, debentures, bills of exchange, promissory notes, mortgages or any other instruments of any parish or mission in the diocese. 1933, c. 86, s. 7. Erection of buildings 8 The corporation may build and erect all such halls, houses and other buildings as may be deemed necessary or convenient for the purposes of the corporation. 1933, c.86, s.8. Executive committee 9 The corporation may exercise its powers by and through its executive committee or such boards or committees as it may, from time to time, appoint by bylaw for the management of all or any of its affairs or property, but in accordance only with the trusts relating to any property upon or for which the same is held. 1933, c.86, s.9. Execution of documents 10 Any deed in which the Synod of the Diocese of Saskatchewan is eo nomine named as party shall, if sufficient in all other respects, be sufficient and effectual to completely pass all the title of the Synod in and to any lands, tenements or hereditaments thereby conveyed, granted or demised, for and to the extent of such interest as may be thereby created, if such deed has affixed to it the seal of the corporation, verified by the signature of the Bishop of Saskatchewan or his commissary, for that purpose by him in writing appointed, and the signature of the secretary of the Synod or of the executive committee of the Synod for the time being; and any such deed so executed, shall be deemed to be well and sufficiently executed. 1933, c.86, s.10. Expression Church of England in certain documents defined 11 The expression Church of England in all deeds, instruments and documents applying to that part of Saskatchewan included in the diocese shall mean, unless a different construction is to be gathered from such deed, instrument or document, the Church of England in the Diocese of Saskatchewan. 1933, c.86, s.11.

6 6 c. 86 SYNOD OF THE DIOCESE OF SASKATCHEWAN Act to be valid transfer without registration 12 This Act shall be and shall in all respects be treated for the purposes of every land titles office in Saskatchewan and of any and all transactions therein and of the officers administering the same, as a legal and valid grant, conveyance, transfer and assignment from the Synod of the Diocese of Saskatchewan to the Synod of the Diocese of Saskatoon of any and all lands and interests in lands and mortgages upon lands situated within the Diocese of Saskatoon and now or hereafter standing in the name of or vested in the Synod of the Diocese of Saskatchewan, and it shall not be necessary to have certificates of title issued in, or to have any mortgage transmitted to the name of the Synod of the Diocese of Saskatoon, nor shall it be necessary in any conveyance, instrument or document whereby that Synod deals with any of the said property to recite or set out such transmission or assignment of title or to pay any fees in connection with the grant hereby made of any of such property. 1933, c.86, s.12. REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN S PRINTER Copyright 1999