BILL No.2 of 1938.

An Act to incorporate the Rosebud Hutterian Mutual Corporation. (Assented to , 1938.)

WHEREAS a religious community of farmers exists in this province under the name of the Rosebud Hutterite Brethren Colony, who have associated themselves to­ gether for the purpose of promoting and engaging in the Christian religion, Christian worship and religious educa­ tion and teachings according to their religious belief, and of having, holding, using, possessing and enjoying all things in common, and who are desirous that the said religious community may be incorporated; And

whereas Paul Stahl, Peter Hofer, Paul Tschetter, Christian Tschetter, Michael Tschetter, Paul Stahl, Sr., Paul Stahl, Michael R. Hofer, Peter Tschetter, Michael Tschetter, Jacob Hofer, Sr., Jacob Hofer, Peter Hofer, Paul P. Hofer, Michael Stahl, Jacob P. Stahl, John Hofer, John M. Stahl, Frederick Stahl, Michael J.

Stahl, Paul Tschet­ ter, Peter Tschetter, Darius Ts'chetter, members of the said religious community, have by their petition prayed that they be incorporated under the name of "Rosebud Hutterian Mutual Corporation" for the objects hereinafter set forth; Therefore, His Majesty, by and with the advice and con­ sent of the Legislative Assembly of Alberta, enacts as follows: 1. The persons named in the

preamble of this Act, to­ gether with all other persons who are or shall from time to time become members of the corporation hereinafter named in accordance with the provisions hereof and its by­ laws, rules and regulations, shall be and are hereby con­ stituted and declared to be a body corporate and politic and are hereby incorporated for the general purposes of the said religious community under the name of "Rosebud Hutterian Mutual Corporation" and by that name shall have perpetual succession and a common seal with power to break and alter such seal and shall have general powers and privileges incident to corporations by Act of the Legis­ lative Assembly, and by that name may sue and be sued, and plead and be impleaded, answer and be answered in all courts and places whatsoever.

2 2. The objects of the said corporation are,- (

a) to promote, engage in and carryon the Christian religion, Christian worship and religious education and teachings, and to worship God according to the religious belief of the members of the corpor­ ation; (

b) to engage in, and carryon farming stock-raising, milling and all branches of these industries; and to manufacture and deal with the products and by­ products of these industries; (

c) to carryon any other business (whether manu­ facturing or otherwise) which may seem to said corporation capable of being conveniently carried on in connection with its business or calculated directly or indirectly to enhance the corporation's property or rights; (

d) to acquire or undertake the whole or any part of the business, property and liabilities of any person or company carrying on any business which said corporation is authorized to carryon or possessed of property suitable for the purposes of said cor­ poration; (

e) to apply for, purchase or otherwise acquire, any patents, licenses, concessions and the like, confer­ ring any exclusive or non-exclusive or limited right to use, or any secret or other information as to any invention which may seem capable of being used for any of the purposes of said corporation, or the acquisition of which may seem calculated directly or indirectly to benefit the corporation, and to use, exercise, develop or grant licenses in respect of, or otherwise turn to account the property, rights or information so acquired; (

f) to do all or any of the above things as principal, agents, contractors or otherwise and either alone or in conjunction with others; (

g) to do such other things as are incidental to or con­ ducive to the attainment of the above objects. 3.

For the benefit and in furtherance of the objects of the corporation, it may purchase, acquire, take, have, hold, exchange, receive, possess, inherit, retain and enjoy, prop­ erty, real or personal, corporeal or incorporeal, whatsoever, and for any or every estate or interest therein whatsoever given, granted, devised or bequeathed to it or appropriated, purchased or a~quired by it in any manner or way whatso­ ever and may also sell, convey, exchange, alienate, mort­ gage, lease, demise or otherwise dispose of any such real or personal property. 4.

The said corporation shall have full power to borrow money, to issue bonds, debentures, or other securities; to

3 pledge or sell such bonds, debentures or securities for such sum and at such price as may be deemed expedient or be necessary; to charge, hypothecate, mortgage or pledge any or all of the real or personal property, rights and powers, undertaking, franchises, including book debts of the said corporation to secure any bonds, debentures or other secur­ ities or any liability of the said corporation. 5.

All the lands, estates, leases, charges, mortgages, en­ cumbrances, securities, assets, properties, real, personal or mixed, affects, rights, credits, choses-in-action, and causes of action of every description belonging to or standing in the name of or existing in or held in trust for the said the Rosebud Hutterite Brethren Company, and without lim- o iting the generality of the foregoing, all the personal prop­ ,erty, goods and chattels of whatsoever nature and kind now situated on the said lands or used or enjoyed in con­ nection therewith, are, subject to all registered encum­ brances, hereby vested in the said corporation, its succes­ sors and assigns for all the estate, right, title, interest, claim and demand which the said the Rosebud Hutterite Brethren Company had at the time of the passing of this Act become, or may become entitled to, and the said cor­ poration shall be and is hereby empowered to exercise all the powers, rights and privileges for or in respect of the same or any of them that the said the Rosebud Hutterite Brethren Company have or had or could or might have exercised.

The trustees who hold real or personal property for the said the Rosebud Hutterite Brethren Company at the time of the passing of this Act are authorized and directed to transfer, set over and assign to the said corpor­ ation all such real and personal property held by them. 6. The said corporation shall assume and be liable for the debts or obligations which the said the Rosebud Hut­ terite Brethren Company had contracted or incurred at the time of the coming into force of this Act. 7.

The said corporation, at a meeting at which not less than four-fifths of the members thereof are present, shall have full power to make, establish and sanction, amend, repeal or abrogate all such rules, regulations and by-laws as they shall judge necessary for its good administration and government, providing the same be not contrary to the provisions of this Act nor to the laws of this Province. 8. No individual member of the corporation shall have any assignable or transferable interest in the corporation or in any of its property, real or personal. 9.

The property, affairs and concerns of the said cor­ poration shall be managed by and the business of the said corporation shall be carried on by a board or five directors, namely: the president, vice-president, secretary-treasurer

4 and two other members, all of whom shall be male mem­ bers of the corporation, elected in accordance with the by­ laws, rules and regulations of the said corporation. 10. The first board of directors shall be composed of Paul Stahl, president; Christian Tschetter, vice-president; Michael Hofer, secretary-treasurer; Peter Hofer, Paul Tschetter. 11. The board of directors shall have full power and authority to exercise all powers of the corporation but only in accordance with its by-laws, rules and regulations, and in accordance with the provisions of this Act. 12.

All property, both real and personal, that each and every member of the corporation has or may have, own, possess or may be entitled to at the time that such member becomes a member of the said corporation, and all the property, both real and personal, that each and every mem­ ber of the said corporation may have, obtain, inherit, pos­ sess or be entitled to after such person becomes a member of the said corporation shall be and become the property of the s'aid corporation to be owned, used, occupied and pos­ sessed by the said corporation for the common use, interest and benefit of each and all the members thereof. 13.

If any member of the said corporation shall be ex­ pelled therefrom or retire or otherwise cease to be a member thereof, the said member shall not have, take, withdraw from, grant, sell, transfer or conveyor be entitled to any of the property of the said corporation or any interest therein; and in the event of a member of the said ~orpora­ tion dying or being expelled from membership in the said corporation or retiring or ceasing to be a member thereof, the personal representatives, heirs-at-Iaw, legatees or de­ visees or grantees of such member, or any other person, firm or corporation claiming any interest whatsoever from or through such member, shall not be entitled to any of the property of the said corporation or any interest therein, whether or not such member owned, possessed or had any interest in or to any of the property of the said corporation at the time when such member became a member thereof or at any time before or after such person became a mem­ ber thereof and whether or not such member had given, granted, conveyed or transferred any property or interest in property at any time to the said corporation. 14.

Each and every member of the said corporation shall give and devote all his time, labour, services, earnings and energies to the said corporation and the purposes for which it exists, freely, voluntarily and without compensation or reward of any kind whatsoever other than as herein pro­ vided or in the by-laws, rules and regulations of the said ,corporation expressed.

5 15. Subjeet to the provisions of any Act of the Legisla­ ture in force or hereafter brought into force, the said cor­ poration shall not be dissolved and the charter hereby granted shall not be surrendered except by and with the consent of all the members of the said corporation. 16.

If any member of the said corporation refuses to obey and conform to the by-laws, rules and regulations of the said corporation or refuses to give and devote all his time, labour, services, earnings and energies to the said corporation or refuses or neglects to do and perform the work, labour, acts and things required of him by the by-laws, rules and regulations of the said corporation, or refuses or neglects to attend and engage in the regular meetings, worship and religious services of the said corporation, or abandons or quits membership in the said corporation, such member may be expelled or dismissed from membership upon a resolution passed by a majority of not less than three-fourths of all the members of the said corporation at a general meeting of which notice specifying the inten­ tion to propose such resolution has been duly given. 17.

The president, or vice-president and the secretary­ treasurer for the time being of the said corporation, shall be and they are hereby empowered and authorized to tran­ sact and manage all banking business of the said corpora­ tion, to pay and receive all moneys, to give acquittances for the same; to make, draw and sign all orders, cheques and drafts for payment of money; to settle, balance and arrange all books and accounts, and generally to do any act, matter or thing which the nature of the business of the said cor­ poration with the bank or banks shall or may require. 18.

The board of directors of the said corporation, by and with the consent of a majority of the members of the said corporation, may contract for, buy, sell, assign, trans­ fer, encumber, guarantee, hypothecate, mortgage, pledge, charge, lease, and dispose of all or any of the real and personal property of the said corporation for any purpose whatsoever, and upon any terms whatsoever, and as secur­ ity for any moneys borrowed or any liability of the said corporation, may execute and deliver under the seal of the said corporation or not, as may be necessary, in favour of any moneylender, mortgagee, bank, person, firm or cor­ porrution any mortgage, pledge, charge, bonds, debentures, warehouse receipts, bills of lading, negotiable instruments and such other securities on the real and personal property of the said corporation as in its discretion the board of directors may see fiIt, 'and may also give to any bank any securities as permitted or required under The Bank Act as security for any moneys borrowed from time to time from any bank. 19.

The board of directors of the said corporation may, by and with the consent of a majority of the members of

6 the said corporation, guarantee or become surety for the payment of any debt or liabilities or the performan~e of any obligations of anyone or more Hutterian organizaJtions, and may, for that purpose, execute any bonds, pledges or undertakings whatsoever. 20.

Every deed, transfer, mortgage, bill of sale, chattel mortgage, negotiable instrument or other document relat­ ing to or dealing with the property of the said corporation, or any interest therein, executed under the seal of the said corporaJtion and signed by the president or vice-president and by the secretary-treasurer of the said corporation, shall be binding on the said corporation, according to the tenor and effect of such instrument. 21.

The said ,corporation shall, at all times when called upon to do so by the Lieutenant Governor in Council, ren­ der an account in writing of its properties and affairs and nothing herein contained shall affect in any manner or way the right of His Majesty, his heirs or successors or of any body politic or corporate. 22. The head office of the said corporation shall be in the postal district of Bieseker, in the Province of Alberta. 23. This Ad shall come into foree on the day it is as­ sented to.

SIXTH SESSION EIGHTH LEGISLATURE 1 GEORGE VI 1938 BILL

An Act to incorporate the Rosebud Hutterian Mutual Corporation. Received and read the First time ....................................... . Second time .................................... .. Third time ...................................... .. MR. MCCUNE. EDMONTON: A Shnitka, King's Printer 1938 Title: 1938 (8th, 6th) Bill 2,

An Act to incorporate the Rosebud Hutterian Mutual Corporation