Bill 1 (Legislature 9, Session 3)

L9 S3 7689

Alberta — Bills

BILL No. 1 of 1943.

An Act respecting the Trustee Board of The Presbyterian Church in Canada. (Assented to , 1943.)

WHEREAS the Trustee Board of The Presbyterian Church in Canada was incorporated by

an Act passed by the Parliament of Canada, being

chapter 64 of the Statutes of Canada, 1939; And

whereas The Presbyterian Church in Canada as defined under

section 1 of this Act has prayed that an A~t may be passed respecting its property, rights and powers; And

whereas it is expedient to grant the prayer of the said petition; Therefore His Majesty, by and with the advice and con sent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1.. The words "The Presbyterian Church in Canada" oc curring in this Act subsequent to this

section mean and in clude only the ,congregations, members and adherents of The Presbyterian Church in Canada, who did not on the tenth day of June, 1925, become part of The United Church of Canada and those persons who have since that date joined or may hereafter join with them as members or ad herents, and notwithstanding anything contained in The United Church of Canada Act, being

chapter 41 of the Statutes of Alberta, 1924, the said congregations, members, adherents and persons may use the name "The Presbyterian Church in Canada," but this shall not in any way prejudice or affect the rights or powers of The United Church of Canada or of any constituent part thereof or of any cor poration, board, committee, or other body created by or under the government or control of or in ,connection with The United Church of Canada or of any congregation thereof. 2.

The Trustee Board of The Presbyterian Church in Canada hereinafter called "the Board," incorporated by the Parliament of Canada, shall at all times be entitled to purchase, lease, acquire, have, take, hold, receive and enjoy all or any property, real and personal, whatsoever in Al berta. 3. Save as otherwise provided in this Act, all gifts, de vises, deeds, conveyances, transfers or leases of any real

2 property or of any interest therein and all gifts, bequests, assignments or transfers of any pers'Onal property or of any interest therein which have been or shall hereafter be made to or intended f'Or, The Presbyterian Church in Can ada or any of the trusts in connection with the said ehurch, or any of the institutions, organizations, schemes or fund3 of the said church shall vest in the B'Oard as fully and ef fectually as if any such gift, devise, deoed, conveyance, trans fer, lease, bequest or assignment had been made to the Board and shall be held and administered by the Board for the general benefit of the said church, unless intended for the specific benefit 'Of any trust, institution, organization, scheme, or fund of the said ehurch when the same shall be held and administered by the Board f'Or such specifie benefit, but n'Othing in this Act contained shall vest in the Board any real or personal property or any interest therein which the Board shall decide not to aceept. 4.

All property real and personal, which shall be vested in or held by the Board for any general or special purposes or trusts of or in any way connected with The Presbyterian Church in Canada shall be held for the purposes and trusts, and with, under and subject to the same powers and pro visions, as are in force or declared under any deed, instru ment or statute affecting such property respectively. 5.

Save as otherwise provided in this Act, every person in whom any property, real or personal, or any interest therein, shall have become vested heretofore, or shall become vested from time to time hereafter, by statute, or by order of a commission, or by gift, devise, deed, conveyance, transfer, lease, bequest, or assignment, or in any other manner, upon trust for The Presbyterian Church in Canada, or any of the trusts in connection with the said church, or any of the institutions, organizations, schemes, or funds of the said church shall upon the request of the Board and at the Board's expense forthwith assign, eonvey or otherwise transfer such property or interest therein to the Board, and shall sign and execute all such deeds and instruments, and do all such acts as may be neeessary for that purpose. 6.

When any property, real or personal, or any interest therein, shall have been assigned, conveyed or otherwise transferred to the Board as aforesaid all rights, powers and liabilities of the person or persons in whom the same' was theretofore vested shall cease and determine and he or they shall thenceforth be wholly released and discharged from the performan~e of the ~rusts ~nd the exercise of the rights, powers or dutIes, prevIOusly Imposed upon or exercisable by him or them: Provided that nothing herein shall be deemed to prevent any such person from being called on to account for any moneys received or expended or for the doin&" or non-performan~e of any Act, matter, ~r thing in relatIOn to the trust, prIOr to the assignment, conveyance or transfer of such property as aforesaid.

3 7. All 'c.ontracts of every kind in existence at the date of the incorporation of the Board-, and which could be en forced by or against the trustees of any property aife,cted by the operation of this Act, .or any committee or other persons or body in whom any such property may have been vested at the date aforesaid, and all rights, remedies, and powers in existence or which may afterwards exist or arise upon or in respect of any such contract or in relati.on thereto, shall he exercised and enforced 'Only by or against the Board. 8.

The Board shall at all times on the request of the General Assembly .of The Presbyterian Church in Canada, or on the request of the Board .of Administration of The Presbyterian Church in Canada, or other board or com mittee which may from time to time be charged with the management of the trusts, institutions, .organizations, schemes and funds, respectively, .of The Presbyterian Church in Canada, pay the rents, inc.ome or produce of any real property or interests therein, and of any personal property, or interests therein, to the treasurer of The Presbyterian Church in Canada f.or the benefit of the said trusts, institutions, organizations, s'chemes, and funds re spectively, and shall also at the like request sell and convert into m.oney the real property, or interests therein, and the pers'Onal property, or interests therein, subject to the trusts on which the same may be held, and shall pay the proceeds of the said sales to the said treasurer for the benefit of the said trusts; institutions, organizations, schemes, and funds respectively; provided, and it is hereby expressly declared, that no pur,chaser fr.om the Board shall be bound to see that the said request shall have been made, or to inquire as to the application of the said purchase m.oney, .or the regularity .of the appointment or proceedings of the Board; and the execution of any grant, deed, c.onveyance, transfer, lease, assignment, release, discharge, or other instrument, shall be deemed sufikient and conclusive when executed as here inafter set forth. 9.

All purchases, gifts, devises, deeds, conveyances, trans fers .or leases of lands which may be made for or to The Presbyterian Church in Canada as a site for a church, manse, school, or cemetery, f.or the use of a congregation not then 'Organized, shall vest in the Board in trust t.o convey the same to the trustees .of such congregation when it shall have been organized under the sanction of the presbytery within the bounds of which it is situate, .or in default of such .organization in trust t.o sell the same and pay the proceeds of such sale to the treasurer of The Presbyterian Church in Canada, for such .trusts, institutions, organizations, schemes Dr funds thereof as may be determined from time to time by the General Assembly .of the said Church. 10.

All lands and premises and personal pr'Operty and assets which have been, Dr shall hereafter at any time, be held by any trustee or trustees for any congregation of The

4 Presbyterian Church in Canada which shall have ceased to exist shall vest in the Board upon trust to sell, get in and realize the same and to pay the proceeds to the treasurer of The Presbyterian Church in Canad.a for such trusts, in stitutions, organizations, schemes or funds thereof as may be determined from time to time by the General Assembly of the said church. 11.

Except as provided by sections 9 and 10 nothing in this Act contained shall affect or apply to the trustees of, or the trust property under, or the administration of, any trusts upon whi,ch any property, real or personal, or any interest therein, is now held for the benefit of, or in con nection with, any congregation of The Presbyterian Church in Canada under any statute, instrument, will, trust deed or otherwise, or held by such trustees upon any congrega tional trusts whatsoever, and nothing in this Act contained shall affect or apply to any gift, devise, deed, conveyance, transfer or lease of any real property or any interest therein or any gift, bequest, assignment or transfer of personal property or any interest the'rein which shall hereafter be made to or intended for the benefit of any congregation of The Presbyterian Church in Canada. 12.

In addition to and without in any way limiting the powers exercisable by the Board under this Act or under any other law or statute applicable to it, it is hereby declared that the Board shall possess and may exercise from time to time the following incidental and ancillary powers: (

a) Power to invest and reinvest or lend moneys in or upon any securities real or personal in which a life insurance company carrying on business in Canada may from time to time invest or lend moneys, and the Board shall have all such rights and remedies for the collection and enforcement or repayment of an investment or loan as any individual would have; (

b) Power to borrow money for its purposes upon its credit and to mortgage, hypothecate or pledge any property, real or personal, vested in or held by it as security for any loan; (

c) Power to make, accept, draw, endorse, and execute, bills of exchange, promissory notes, orders for the payment of money, and other negotiable instru ments; (

d) Power to receive and hold for the benefit of The Presbyterian Church in Canada, or any of the trusts in connection with the said church, or any of the institutions, or organizations, schemes, or funds of the said church, sums of money in consideratio~ of the payment, during the life of the 'donor or during any other period, of interest thereon at such rate as may from time to time be agreed upon or in consideration of the payment of an annuity' or an nuities to any person or persons in respect thereof.

5 But this power shall not authorize the Board to engage in the business of insurance. 13. No personal liability shall attach to any of the members of the Board for the failure of any investment or security which may be made or taken by the Board as authorized by this Act . . 14. AI} grants, conveyances, deeds, transfers, leases, as ~lgnments, releases, discharges, and other instruments, shall be made and executed by the Board under its corporate seal, attested by the signatures of any two members of the Board, and when so made and executed shall be sufficient and conclusive. ' 15.-

(1) If any member of the Board shall die, or resign his office, or refuse or neglect to act, or shall cease to reside in Canada for more than twelve months in succession or shall become mentally incompetent, he shall be deemed to have vacated his office as a member of the Board.

(2) In the case of a vacancy or va,cancies occurring in the membership of the Board at any time the Board of Admin istration of The Presbyterian Church in Canada or the Executive Committee thereof may fill any or all of such vacancies and the person or persons so appointed shall hold office until the next meeting of the General Assembly of The Presbyterian Church in Canada and until their suc cessors are appointed.

At its next meeting the General Assembly of the said church shall appoint members to fill such vacancies and the members temporarily appointed by the Board of Administration or the Executive Committee thereof shall be eligible for appointment by the said Gen eral Assembly. 1H. The General Assembly of The Presbyterian Church in Canada may also at any time, by resolution passed by such Assembly, remove any member of the Board from office, without having or alleging any cause for such re moval, and may appoint some person as a member of the Board in his place and stead. 17.

The Board shall present to the General Assembly of The Presbyterian Church in Canada at each meeting thereof a report in which shall be set forth fully the various moneys, securities, and property, real and personal, which shall have come into its hands since its last preceding report, and the moneys, securities, and property still held by it, and in which shall also be set forth fully the disposition made by the Board since its last preceding report of any moneys, securities, and property, and the income thereof. 18.

The General Assembly of The Presbyterian Church in Canada may from time to time make, amend and repeal by-laws, 'resolutions, rules and regulations for the govern-

6 ment and control of the Board, and may from time to time delegate to the Board of Administration of The Presbyterian Church in Canada, or to the Executive Committee thereof, or to any specially appointed committee thereof, 'all or any part of its powers as to, and jurisdiction over, the Board. Until the said General Assembly makes by-laws, -resolutions, rules or regulations for the government and control of the Board, the Board shall be subject to the government and control of the said Board of Administration. 19.

All.copies' of any by-laws, resolutions, rules or regu lations, or any amendments or alterations thereto purport ing to be made under the provisions of this Act, purporting to be under the seal of the Board, 'and to be signed by any two members of the Board, shall be prima facie evidence in all courts of the contents thereof without proof of the authenticity of such seal or signatures. 20.

The powers conferred on the Board by this Act to purchase, lease, a'cquire, have, take, hold, receive and en joy all or any property, real and personal, whatsoever in Alberta shall not be limited or affe.cted by the provisions of any statute respecting Mortm'ain in force in Alberta. 21. This Act shall come into force on the day upon which it is assented to.

THIRD SESSION NINTH LEGISLATURE 7 GEORGE VI 1943 BILL

An Act respe,cting the Trustee Board of The Presbyterian Church in Canada. Received and read the First time Second time, .. Third time. MR. FEE. EDMONTON: A. Shnitka, King's Printer 1943 Title: 1943 (9th, 3rd) Bill 1,

An Act respecting the Trustee Board of The Presbyterian Church in Canada

Document details

Collection	Alberta — Bills
Citation	L9 S3 7689
Type	bill
Volume / chapter	L9 S3 7689
Language	en
Format	json
Source	PROVINCIAL
Identifier	1ada9fd2264f641876b7c167a6b4c0615fc285e7

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