Bill 34 (Legislature 2, Session 4)

L2 S4 10639

Alberta — Bills

BILL No. 34 pf 1913.

An Act to Incorporate The Ru~henian Greek Catholic Parishes and Missions in the !Province of Alberta. (Asse~ted to 1913) W J:-lEHEAS in the Province{£ Alberta the Ruthenian Greek Catholic parishes and mi~ ions in communion with Rome are included in and form a par of the Diocese of Canada of the Ruthenian Greek Catholic Chu h, and the property of the said pnrishe·s and mi&~ions is under he oare and management of the bishop of the said diocese; And

whereas the said bishop, Jishing to be assisted in the man rtgement of the said property, as to that effect prayed for the incorporation of the said parish s and missions; And

whereas it is ·expedient o grant the said prayer, and to secure th•~reby to the said paris 1es and missions the advantages prayed for; 'l'hcrcfrare His Majesty, by ankl with the advice and consent of the Legislative A<'semLly of tbf Province of Alberta, enacts as follows: 1.

Any parish or mission o the Ruthenian Greek Catholic Church in communion with 1\.o e shall upon and from the fact of its canonical erection ·by the bishop or administrator of the diocese of' Canada of said chur , be and become a body politic and corporate, under the name f the "Ruthenian Greek Catholic Parish of ", ur (" uLhenian Greek Catholic Mission of ") acco ding to the name given it at the time of its eanonirnl erection, a d shall have perpetual succession and a common seal, aud by su · h name have all the powers and privileges po~seSEed by or give to Corporations under this Act, and under Raid name may sue an be sued, plead an'd be impleaded, tmswer and be answered, in all courts and places whatever.

(2) All such corporations sh ll be represented by His Lordship the Bishop of the Diocese of anada of the Ruthenian Greek CRtholic Clnm:h in eornmunio with H.omfl, and his successors in oHiDe of the same faith and r te, appointed by the Holy Pontili and perFevering in communion with Rome.

(3) The said corporation sh 11 be represented in the event of the death of the bishop, by the aoministrator of the diocese, and in the event of the abc;cnce of t e Bishop, by his vicar general or the clean ·of his clergy, and th priest ean~niDally appointed for the admini::<tration of f'uch co poration w1th power to ·asweiate with them for any period of t me two other members or repre sentatives of the said corpora.tio . ('1) A certificate in writing ig;ned b:y the ,bishop or admini:> trator· of the diot:ese that a par sh or mission therein named has been canonically ereded under a name therein dated, or that a priest therein named has bee canonically appointed for the administration of a corporation therein named, shall be sufficient proof of such fads. 2 . .!lny of the said corpornti ms may purchme, acquire, take, have, hold, receive, possess, ret, in and enjoy the property real or personal, corporeal or incorpo eal whatsoever, •and for any or every estate or interest therein iVhatsoever given, granted, devised or bequeathed to it, or appropr'ated, purchased or acquired by it, in any manner or way whatsoe er, to, for or in favour of the uses and purposes .of the corporalio , or to, for or in f,avour. of any religions, educational, eleemos rnary or other institution estab lished or intended to be establ shed by, under the management of or in connection with the us s or purposes of the corporation.

2 (2) 'fhe annual value of the rlal estate held by or in trUBt for any of such corporations shall n t excoed five thousand dollars, except in the Cities of Edmonton and Calgary, where the anuual value should not exceed ten thous nd dollars.· 3. Any such corporation may also, with the approval {)f the bishop or administrator of the iocese, sell, convey, exchange, alienate, mortgage, lease or demis any real or personal property helu by LLe curporatiori, whether by way of investment for the uses and purposes of the corporati 1 or not. 4.

Any such corporation may f deemed expedient from time to time make by-law::; not contm .. r to law, for- ( a) 'l'he administration, mana cment and control of the pro perty, lmsiness and other temporal affairs of the coqJOr ation · (

b) The ~ppoinlmcnt of eomndtees from time to time for tbc purpo,;es of the <.:orporatim , and the calling of meeting,; of such committees; (

c) Generally for the oarrying out of the objects and purpose~ of the corporation.

(2) No such lJy-lu,w or by-law shall have any force or effect, nor shall any committee haYe ar y powers whatsoever, until the approval in writing of the bishop or administrator of the diocese has been obtaineu. 5. Any such corp?raiion may ~rom time to time for the pur- po~es of the corporatron- (

a) Borrow mouey upon the c edit of, the corporaLion; (

b) Limit or increase the amo nt to be borrowed; (

c) Make, draw, accept, endors , or become party to promissory notes and bills of exchang ; every such note or bill made, druwn, accepted or endor:s d by the party thereto author i:wd by tho by-laws of th corporation •and countersigned by the Lishop or admini::;t ·a tor of the diocese, or by ::;ume other person nominated f r the purpose by the bishop or lldminio:trator, shall be hi ding upon the corporation and shall be presumeu to have been maue, drawn, accepted or endorsed with proper auth rity until the contrary is shewn; and it shall not l>e necei's, ry in any case to have the seal of the corporation afiixed o any such note or bill. 6.

Immediately upon the can nical erection of any of the said pari,;hes or missions, all the roperty real and personal held by any persons or corporation in t ust for the purposes and heneJ-its of, ·or to the use of, or given to r for the use of such parish or missiou, shall, subject to the tr 1sLs, if any, upon which such property is held, henceforth be an become, without the execution or registration of any deed, conve ance or transfer thereof, vc.sted in and held ·by t:hP- corporation o the said parish or miss;nn. 7.

Notice in writing on beha f of any of said corporatiom, signed by the bishop or administ tor of the diocese, by the priest canonically appointed for the ad inistration of the corporation, and by the trustees of the corpora ion, may be given to the proper district registrar that the lands escribed in the notice are held in trust for the said corporation as mentioned in

section 6, and the district registrar shall file the otice in his office and shall enter in the abstvact book, or register 1d certificate of title against the lands or parcel affected a referc ec to this Act, giving the title, regnal year and

chapter number i the same.

(2) Sneh notice shall be sign d in the presence of a subscrib ing witness and an affidavit of c · cution by such witness shall be endorsed on or attached to the otice in rthe form required by "The La.nd Titles Act."

(3) A certificate in writing gned by the priest canonically appomted fur the administratior of the corporation, oertifying that the parties herein named ar the trustees of the ·corporation, duly elected or appointed, and th t such election or appointment has received the written 1approva of the bishop or administrator of the diocese shall be suffident p of of such facts. ( 4) The giving of such notw and the making of the entry shall have the same effect as the registration of a declaration of trust or the filing of a caveat by the person in whose name the lands are held. ( 5) The fee payable upon thf filing of the notice and mak ing 'the ne.cessary entries shall be twenty-five cents for each entry required by this Act in the day book, a:bstract book, or ree:i~t€r and eertiftcate of title. 8.

In aU oases where the disJict registrar of any land titles district in Alberta is saHsfied tha any real estate standing in thi:l names of1 any individuals a.ctuall belongs to any of the corpora, tions formed under the provision of this Act, he may cancel' the certificate of title standing in the names of such individuals, and may issue a oertificate of title fo said real estate in the name of the corporation en titled thereto. 9.

For the purposes of proving the transmission of title to any property aforesaid to any of th said corporations, it shall be mfiicient to satisfy the requirem nts of The Land Titles Act, or any other Act of the province aff ting the registered tiile to real or personal property, to recite i any instrumant executed on behalf of such corporation and de ling with su<Jh property or any mterest therein, the title of this Act, and the regnal year and

chapter number of the same. 10. Nothing in this Act cont ined shall affect the right of a bona fide purchaser for valuable consideration from any person holding lands in trust as menti ned in

section 6, unless such purchaser has actual notice that e lands have become vested in a corporation under and by virtue of this Act, but the entry under .subsection ( 1) of

section 7, by th registrar or other officer in the proper day hook, abstract book o register and certificate of title shall be deemed ~actual notice. 11.

Any dcc<l, tr.ansfcr, mortg e, charge or other instrument relating to or dealing with real estate or any interest therein vested in any of the said corpo ations, shall be deemed to be, and shall be duly executed and s 11 be sufficient for the purposes for which same IS intended if the e are affixed thereto~ the seal of the corporation and the signatur of the bishop or administrator of the diocese or of some other p rson appointed for the purpo~e by the bishop or administratQr, 12.

Each of the said eorporati s shall at all times when there unto required by the Lieutena t Governor in Council or the Legislature, make a full return of its property (real and persdnal) and Qf its receipts and expenditur s for such period and with such details and other information as e Lieutenant Governor in Coun cil or the Legisiature may requir 13. No member of any of th said corpomtions shall become individually responsible for any f the debts, contracts or liabili ties of the said corporation. 14.

The statutes commonly ~own as the "Statutes of Mort main" shall not apply to any ' uests of lands, or any interest in lands within Alberta bequeath d .to or £or the uses or purposes of such corporation. 15. This Act shall come into fPrce the day it is assented to.

No. 34 FOURTH SESSION SECOND LEGISLATURE 3 GEORGE V 1913 BILL

An Act to Incorporate the R uthenian Greek Catholic Parishes and Missions in the Province of Alberta. Received and read the First time .................... . Second time .................. . Third time .... _ ............. . l\.fR P. E. LESSARD EDI\IONTON : J. '\V. }EFFitRV, Governn1ent Printer A.D. 1913 Title: 1913 (2nd, 4th) Bill 34,

An Act to Incorporate the Ruthenian Greek Catholic Parishes and Missions in the Province of Alberta

Document details

Collection	Alberta — Bills
Citation	L2 S4 10639
Type	bill
Volume / chapter	L2 S4 10639
Language	en
Format	json
Source	PROVINCIAL
Identifier	22a3dafe26d8e057fc190011c6735df2eefc8be2

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