Bill 42 (Legislature 3, Session 2)

L3 S2 9914

Alberta — Bills

BILL No. 42 of 1914.

An Act to Incorporate the Synod of the Diocese of Edmon ton and the Parishes of the said Diocese. (Assented to 1914.)

WHEREAS the Church of England Synod of the Diocese of Edmonton, being a diocese of the Ecclesiastical Province of Rupert's Land, has petitioned that the said synod and each of the duly organized pari,shes in the said diocese be incorporated; and it is expedient to grant the prayer of its petition; . Therefore His Majesty, by and with the advice and con sent of the Legislative Assembly of th,e Province of Alberta, enacts as follows: 1.

In thii3 Act the words "The Synod of the Diocese of Edmonton" shall mean the bO,dy consisting of the Bishop of the Diocese of Edmonton, of the clergy of the said diocese licensed by the Bishop, of the Chancellor (if any), of the Registra,r of the Diocese (if any), and of representatives of the laity duly elected. 2. The Synod of the Diocese of Edmonton shall be, and the same is hereby made and constituted a body politic and corporate, under the name of the Synod of the Diocese of Edmonton, hereinafter called the corporation 3.

The said corporation shall consist of the Bishop of the said diocese and his successors to be from time to time appointed in such a manner as is or shall be provided by the Provincial Synod of the said Ecclesiastical Province, and of such other persons as are or ;may become members of the corporation according to the constitution of the said diocesan synod as the Rame exists at'the time of the passing of this Act or as the said cOllstitutioll may from time to time be altered or amended. 4.

Such corporation shall have perpetual succession and a common seal, with power to change, alter, break and renew the same when and so often as they shall think proper, and the said corporation may, under the same name, con tract and be contracted with, sue and be sued, implead and be impleaded with, answer and defend in all courts and places whatsoever, and the said corporation shall be able and capable in law, respectively, to purchase, take, hold, give, receive, enjoy, possess, and retain "ill t ]impne jp t' all messuages, lands, tenements and immovable property, money, goods, chattels, and movable proper;ty which have been or hereafter shall be paid, given, granted, appropriated, devised or bequeathed to it or purchased ,by it in any manner or way whatsoever, to, for, or in favour of the eleemosynary, ecclesiastical, and educational uses and purposes within the limits of the said diocese, including thereby the uses and purposes of any parish, mission, institution, college, school, or hospital connected with or intended.to be, or which may heireaft~r be connected with the Church of England in such diocese.

2 s. l~he corporation shall in addition to the powers con ferred upon it by the next preceding

section of this Act and subject to the Provisions thereof, .have power to sell, convey, exchange, alienate, mortgage, lease or demise any lands, tenements and hereditaments held by the sa~d cor pomtion, whether simply by way of investment for the uses and purposes set forth in the next preceding seption of (his Act or not, and .the corporation ~ay also, from time to time, invcHt all OJ' allY of iLs fllnds and mOllOyR, and all or any fUlH1R and persollal property which may be vested ill, or acquirefl by the corpomtion for eleemosynary, ecclesiastical or educational purposes aforesaid, in and upon any mortgage security of lands, tenements and here ditaments, and in other securities in any part or parts of the Dominion of Canada, and for the purposes of such invest ment may take, receive, and accept a mortgage or mort gages, or any assignment or assignments thereof in its own corporate name, and shall have and enjoy the same and as large, full and ample powers and rights of sale and fore closure, action and suit upon and for the purposes of en forcing the covenants, stipulations, conditions and agree ments, and all matters and things contained in such mortgages or any of them, and i.n as ample a manne,r as if it were a private person able and capable in law; and furthermore may sell, gmnt; assign and transfer such mortgages or any of them to any person, company or body capable of receiying any assignment thereof, and may release and discharge such mortg,tges or any of them, either wholly or partly. (i.

The said corporation shall, in the case of land held by it, be able to set apart a portion of such land for the purpose of ;making a road, or to make a free grant of a por tion not exceeding one acre in extent, for the purpose of a school, hospital, or other necessary public object. 7.

The said corporation may exercise all its pmvers by and through the executive committee as established by the constitution aforesaid, or such other boards or committees as the said corporation may from time to time appoint by resolutlon for the management of all or any of the affairs or property of the said corporation, but in accordance only with the trusts relating to any property to which any special trust iR attached; the said synod may also appoint a treasurer or treasurers, and make such regulations for the management and administration of its property as it shall sec fit.

The corporation shall also have the right of appointin~ any officer or officers or other ncedful agent or a.gent s for the managcment of its affairs, and shall have all other rights neces:-mrily incitlent. to a body corporatp. 8.

The Church of England in aU deeds, wills, instruments awl documell ts a.pplyillg to that part of the Province of Alberta included within the territorial limits of the Church of Englalld Diocese of Edmonton, as the same shall from tilll(~ to time be constituted, shall mean, unless a different construction is to be gathered from the said deed, will, instrument or document, the corporation hereby created. H.

AllY tram-lfer of real estate or any interest therein vested in the corporation shall be deemed to be duly ex ecuted for that purpose if the same has affixed thereto the seal of the corporation verified by the signatures of

3 the Bishop for the time being of the Diocese of Edmonton or his commissary duly appointed, and the secretary of the aforesaid executive committee, and a discharge of a mort gage if executed ill the same way, shall be deemed to be properly apd effectually executed. (0. The incumbellt, or euraLc in eharge and Lhe ehureh wardens Oy any congregation in the diocese duly organized according- to the constitution of the Hynod of the Diocese of Edmonton, shall be a body politic and corporate, and they and their successors, under the n.ame of the "Church of England Parish (or Mission) of. . . . .

" shall have perpetual succession and a common seal, and by Ruch name may from time to time and at all times hereafter purchase, acquire by gift, devise or bequest, I hold, possess, and enjoy, and may have, take, and receive for them and their successors for ecclesiastical, educational or eleemosynary uses, any lands, tenements, hereditary property, rents, annuities 'and all other property whatsoever, movable or immovable, and the same may sell, exchange, alienate, mortgage, let, lease, and dispose of and others in their stead purchase, acquire and hold for the uses and purposes aforesaid; provided that in the administration of the said property as regards selling, exchanging, alien ating, mortgaging or leasing real estate, or making invest ment in stoc~ funds, debentures or other property, they shall first obtain the consent of the Synod of the Diocese of Edmonton, either directly or through its executive committee. 11.

All questions relating to the constitution, powers, meetings and proceedings of vestries, the qualifications, term of office, powers and accounts of church wardens, and such other matters relating to th~ regulation and management of all or any of the temporalities of the Church of England in the Diocese of Edmonton shall be settled from time to time by the Synod of the Diocese of Edmonton, and the said synod by by-law or canon may, from time to ti,rne as it may see fit, repeal, change, alter and amend any of its previous provisions. 12.

Any transfer, mortgage, or lease of real estate, or any interest therein, or any transfer of stock, funds, de bentures or other personal property of any Church of England Parish incorporated under

section 10 of this Act, shall be deemed to be duly executed for that purpose if the same has affixed thereto the common seal of the said parish verified by the signature of the incumbent or curate in charge of such parish so named therein and of one of the church wardens of such parish and the consent of the synod or of its executive committee to such dealing by such parish shall be signified by the signatures of the presi dent and secretary of the executive committee. 13.

The corporation shall have power in addition to all other powers conferred by this Act to borrow money for the purposes of carrying out the objects of the corporation and to hypothecate, pledge or mortgage its real and personal property as security therefor; W-8-·~fe=:de~m.Jltl*~em~ b:l,nw~tg~ge. or otherwise; to sign bills, notes, ontracts and other evidence of or securities for money borrowed or to be borrowed by it for the purposes aforesaid.

4 H. All lands in that part of the Province of Alberta lying north of the line dividing townships forty-two (42) and forty-three (43) now standing in the register of the North Alberta Land Registration District in the name of the Synod of the Diocese of Calgary shall be und the sume are hereby vested in the corporation as if the certificate or certificates of title therefor now contained the words "Synod of the Diocese of Edmonton" instead of the words "Synod of the Diocese of Calgary". 15. The Church of England Parishes or Missions created by competent authority under

section 10 of the Ordinance passed in the year 1892 being entitled"

An Act to Incor porate the Synod of the Diocese of Calgary and the Parishes of the said Diocese" and being within the territorial limits of the Diocese of Edmonton shall continue and be parishes or missions as the case may be as if the same were cor porations under

section 10 of this Act.

~o. 42 SECOND SESSION THIRD LEG-ISLA 1'URE. 0) GEORGE V IH14 BILr~

An Act to Incorporate the Synod of the Diocese of Edmonton and the Parishes of the said Diocese. Received and read the Fiist time ..... . Second time. .. Third time .... HOK. MR. STK\'L'iRT EDMONTON: .J. ".,.. Jeffery, Government Printer A.D. 1014 Title: 1914 (3rd, 2nd) Bill 42,

An Act to Incorporate the Synod of the Diocese of Edmonton and the Parishes of the said Diocese

Document details

Collection	Alberta — Bills
Citation	L3 S2 9914
Type	bill
Volume / chapter	L3 S2 9914
Language	en
Format	json
Source	PROVINCIAL
Identifier	64a90188fa6ed57e7828f13d8d695db9b2fbc63c

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