Bill 3 (Legislature 8, Session 6)

L8 S6 8089

Alberta — Bills

BILL No.3 of 1938.

An Act to 'incorporate the Springvale Hutterian Mutual Co~oration. . ' (Assented to , 1938.)

WHEREAS. ,a religious community of farmers exists in . . this province under the name of the Springvale Hutterite Br~threIl' 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 incortnnon, and who are desirous that the said religious communi.ty !flay be incorporat~d; , And

whereas Paul Hofer, Jacob Wurz, Joseph Wurz, John Gross, John ,Tschetter. S:;tmuel Wurz, Lawrence Tschetter, William Gross, Jr., Frank S. Wollman, John S. Wipf, Josepp. P,WaIter, MiGhael K. Wurz, George K. Wurz, Fred erick Gross, Darius Hofer, J~cob J. Wurz, Jr., John A. Wipf, Sr .. John M. Wurz, Andrew S. Wurz, Joseph Wipf, Paul A. Wipf, Michael M. Wipf, Frank A. Wollman, Jacob Woll man, Paul Wollman, Andrew A. Wurz, Joseph A. Wurz, John A. Wurz, Elias Hofer, George S.

Wurz, members of ~he, said religious communIty; have by their petition prayed that they be incorporated under the name of "Springvale 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 politi~ and are hereby incorporated for the general purposes of the said religious community under the name of "Springvale Hutt,erian 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 s'aid 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 s,eem 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 acquired 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 SUGh 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, effects, 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 Springvale Hutterite Brethren Company, and without lim 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 Springvale 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 Springvale Hutterite Brethren Company have or had or could or might have exercised.

The trustees who hold real or personal property for the said the Springvale 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. G. The said corporation shall assume and be liable for the debts or obligations which the said the Springvale 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. o.ther members, all o.f who.m shall be male mem bers o.f the co.rpo.ratio.n, elected in acco.rdance with the by laws, rules and regulatio.ns o.f the said co.rpo.ratio.n. 10. The first bo.ard o.f directo.rs shall be co.mpo.sed o.f J;>aul B,o.fer, presi9~mt; Jaco.b Wurz, vice-president; Joseph W,ufz,secretary-tr~asurer; John Gross, J o.hn Tschetter. 11. The bo.ard o.f directo.rs shall have full po.wer and autho.rity to. exercise all po.wers o.f the co.rpo.ration but o.nly in acco.rdance with its by-laws, rules and, regulations, and in acco.rdance with the pro.visio.ns o.f this Act. 12.

All, pr,o.perty, bo.th real and, perso.nal, that each and every member o.f the co.rpo.ratio.n has o.r may have, o.wn, po.ssesso.r may be entitled to. at the time that such member beco.mes .a member of the said corpo.ratio.n, and all the pro.perty, bo.th real and perso.nal, that each and every mem ber o.f the said co.rpo.ratio.n may have, o.btain, inherit, Po.s sess' or be entitled to. after such perso.n beco.mes a member o.f the said co.rporatio.n shall be and beco.me the pro.perty o.f the said co.rpo.ratio.n to. be o.wned, used, o.ccupied and Po.s sessed by the said eo.rrlOratio.n fo.r the Co.mmo.n use, interest and benefit o.f each and all the members thereo.f. 13.

If any member of the said co.rpo.ratio.n shall be ex pelled therefro.m or retire o.r o.therwise cease to. be a member thereo.f, the said member shall no.t have, take, withdraw fro.m, grant, sell, transfer o.r co.nvey or be entitled to. any o.f the property of the said co.rpo.ratio.n o.r any interest therein; and in the event o.f a memoer o.f the said ~o.rpo.ra tio.ndying o.r being expelled fro.m membership in the said .co.rpo.ratio.n o.r retiring o.r ceasing to. be a member thereo.f, tne perso.nal representatives, heirs-at-law, legatees or de visees 0.1' grantees o.f such member, o.r any o.ther perso.n, firm o.r co.rpo.ratio.n claiming any interest whatso.ever from o.r thro.ugh such member, shall no.t be entitled to any o.f the pro.perty 'o.f the said co.rpo.ratio.n o.r any interest therein, whether o.r not such membero.wned, po.ssessed o.r had any interest in or to. any of the pro.perty o.f the said co.rporation at the time when such member became a member thereo.f o.r at any time befo.re o.r after such person became a mem ber thereo.f and whether or no.t such member had given, gr~nted, co.nveyed o.r transferred any pro.perty o.r interest in pro.perty at any time to. the said co.rpo.ratio.n. 1.4.

Each and every member o.f the said co.rpo.ratio.n shall give and devo.te all his time, labour, services, earnings and energies to. the said co.rpo.ratio.n and the purpo.ses fo.r which it exists, freely, vo.luntarily and witho.ut co.mpensatio.n o.r reward o.f any kind whatso.ever o.ther than as herein pro. vided o.r in the by-laws, rules and regulatio.ns o.f the said ·co.rpo.ratio.n expressed.

5 15. Subject 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. l6 ..

If fLny' m~mb'~r "9f the',S~idcorpor~tion refuses,' to QbeY and Conform to, thepy-la,ws, rules .and I,"egula,tionsof tl1e, 's.aid corporation or :r~fuses to giye' and d~vote all his time, labour, services, earnings' and ene:r:gies 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 tbe regular meetings, worsh~p and'religious services of the said corporation, or abandons or quits membership in the said' corporation, such member m:ay be expelled or 'dismissed froni 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 ti?~, top~opose such reso~u~ion has been duly given. 17.

"T4~' president, orvic:e-president and the secretary treasuterfor the time bei,ng, of the said corporation, shall beii:rid they are hereby'empowe:r:ed and authorized to tra~ sact and 'manage all banking business of the said corpora tion, to pay and receive all moneys, to give acquittances for the s.ame; 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, maHer or thing which the nature of the business, of the said cor poration with the bank or banks shall Dr 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 corporatiQn 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 poraJtion 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 di'scretion the board of directors may see fit, and may aliSO 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:ce of any obligations 'Of anyone Dr more Hutterian organizatiDns, and may, for that purpose, execute any bonds, pledges or undertakings whatsoever. 20.

Every deed, transfer, mDrtgage, bill of sale, chattel mortgage, negDtiable instrument or other dDcument rel3!t ing to or dealing wIth the property 'Of the said cDrporatiDn, Dr any interest therein, executed under the seal of the said corporation and signed by the president or vice-president and by the secretary-treasurer of the said cor~oration, shall be binding on the said corporation, acoording tD 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 Dr way the right of His Majesty, his heirs or successors Dr 'Of any body politic or corporate. 22. The head office of the said corporatiDn shall be in the postal district of Rockyford, in the Province of Alberta. 23. This Act shall come into force on the day it is as sented to.

SIXTH SESSION EIGHTH LEGISLATURE 1 GEORGE VI 1988 BILL

An Act to incorporate the Springvale 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 3,

An Act to incorporate the Springdale Hutterian Mutual Corporation

Document details

Collection	Alberta — Bills
Citation	L8 S6 8089
Type	bill
Volume / chapter	L8 S6 8089
Language	en
Format	json
Source	PROVINCIAL
Identifier	f67121b19e25a7f2805e1d4e5cd5cd84a51f8f29

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