1912-13

CHAPTER 49

An Act to incorporate the Presbyterian Theological College of Saskatoon.

[Assented to January 11, 1913.]

THAT whereas your petitioners have associated together

for the purpose of establishing, maintaining and conducting a theological college at Saskatoon under the authority of the Presbyterian Church in Canada and have been appointed by the general assembly of the said church as members of the first governing board of the said institution;

And whereas it is the opinion of the said board that it would tend to advance and extend the usefulness of the said institution and promote the purposes for which it has been established that it should be incorporated;

Therefore his Majesty by and with the advice and consent of the Legislative Assembly of Saskatchewan enacts as follows:

1. Wm. C. Sutherland, Rev. M. F. Munro, Rev. Wylie C. Clark, Rev. A. W. McIntosh, President Murray, Hon. A. P. McNab, Professor A. R. Greig, Professor E. H. Oliver, Messrs. G. H. Clare, F. A. Blain, J. R. Wilson, Fred. Engen and A. M. Gibb, all of the city of Saskatoon, Rev. C. G. Young of Prince Albert, Rev. M. A. McKinnon, Hon. W. R. Motherwell and J. Balfour, all of the city of Regina, Rev. D. Munro of North Battleford, Rev. H. D. Leitch of Yorkton, Rev. A. Henderson of Kipling, P. Sommerfeldt of Saskatoon, Rev. W. J. McQuarrie of Yellow Grass, Rev. Dr. Strang of Regina, Rev. W. G. Wilson of Moose Jaw, Rev. W. A. Cameron of Saskatoon, C. B. Manville of Prince Albert, J. M. Clark of Yorkton, T. Miller of Moose Jaw, J. F. Reid of Orcadia, and such others as may from time to time be appointed as hereinafter provided a body corporate and politic under the name of "Presbyterian Theological College at Saskatoon" for the purpose of carrying on theological education.

2. The corporation shall by the name of "Presbyterian Theological College at Saskatoon" have a perpetual succession and a common seal with power to change, alter, break and renew the same when and so often as they may think proper; and the said corporation may under the said name contract and be contracted with, sue and be sued, plead and be

impleaded, prosecute and be prosecuted in all courts and places whatsoever in Saskatchewan, and by such name may from time to time and at all times hereafter purchase, lease, acquire, hold, possess and enjoy, and may have, take and receive for them and their successors, lands, tenements and hereditaments and real and immovable property and estate within Saskatchewan necessary for actual use and occupation as college buildings and offices, residences of professors, tutors, students and officers, with garden, pleasure ground, athletic grounds and other ground used for college purposes pertaining thereto, and the same may sell, let on lease or on hire, alienate and dispose of and others in their stead, purchase, lease, acquire and hold for the purposes and uses aforesaid.

3. The said corporation in its corporate name shall have power and authority to take, accept or receive to the use and for the purposes of the said corporation any and all lands, tenements, hereditaments, and any and all property, movable or immovable, stocks, shares, lands, debentures, money or securities for the payment of money by purchase, gift, devise, bequest, or otherwise howsoever, and shall have and hold the same and every of them and every part thereof to and for the use and purposes of the said corporation.

4. It shall be lawful for the said corporation and it is hereby empowered to draw, accept and make and to indorse, discount and negotiate bills of exchange and promissory notes and other negotiable instruments, to borrow or raise money by the issue of bonds, mortgages or any other securities founded or based upon all or any of the property and rights of the corporation or without any such security and upon such terms as to priority or otherwise as the corporation shall think fit, to sell, let on lease, or on hire, exchange, mortgage, hypothecate or otherwise dispose of or pledge any lands, tenements or hereditaments or other real and personal property, stocks, shares, lands, debentures or securities, of which it may at the time of the passing of this Act or at any future time be or become seized, possessed or otherwise interested in by virtue of this Act or otherwise howsoever, and make and execute under its common seal or otherwise, according to law all proper deeds and instruments and do all other acts, matters or things requisite or necessary to effectuate and accomplish all and singular the premises.

5. The said corporation shall have full power and authority to invest or lend all or any sums of money of or belonging to said college, or given or bequeathed to it in any land, stocks, debentures or securities of the Dominion of Canada or of any province thereof, or of Great Britain or Ireland or of any foreign state or in any debentures or any municipality or school district in Saskatchewan, or upon the security of any real or

personal property, or in the purchase of rental bearing real estate, or to take, hold and dispose of any real or personal property or interests therein for the purposes aforesaid.

6. The said corporation shall be capable of taking, holding and acquiring all such lands and tenements, real and personal estate as may or shall have been bona fide mortgaged, hypothecated or pledged to the said corporation by way of security or conveyed to it in satisfaction of debts previously contracted or purchased at judicial sales upon levy for such indebtedness or otherwise purchased for the purpose of avoiding a loss to the college in respect thereof or of the owner thereof:

Provided that the corporation shall sell any real estate acquired in satisfaction of any debt due to itself within seven years after such acquisition unless such term is extended by order of the Lieutenant Governor in Council otherwise such real estate shall revert to his Majesty for the Province of Saskatchewan.

7. The said Presbyterian Theological College shall be under the management and administration of a senate and board of management, which senate shall consist of not more than fifteen members and the board of management shall consist of not more than thirty members, and the members of both the senate and the board shall be appointed by the general assembly of the Presbyterian Church of Canada, and the duties of each of the said senate and board of management shall be defined by the said general assembly.

8. The following: Wm. C. Sutherland, Rev. W. F. Munro, Rev. C. G. Young, Rev. M. A. McKinnon, Rev. A. Henderson, P. Sommerfeldt, Rev. W. J. McQuarrie, Rev. Wylie C. Clark, Rev. A. W. McIntosh, Rev. Dr. Strang, Rev. H. D. Leitch, Rev. D. Munro, Rev. W. G. Wilson, Rev. W. A. Cameron, President Murray, Hon. W. R. Motherwell, Hon. A. P. McNab, Professor A. R. Greig, Professor E. H. Oliver, Messrs. G. H. Clare, F. A. Blain, J. P. Wilson, J. Balfour, Fred. Engen, A. M. Gibb, C. B. Manville, J. M. Clark, T. Miller, J. F. Reid, shall be considered the first board of management under this Act and shall hold office until successors are appointed as hereinafter provided.

9. The board shall, when authorised by the said general assembly, have full power from time to time to appoint and to remove the principal or other head, the professors, tutors and masters, and all officers, agents and servants of said college, and the board shall have full power from time to time to make, alter or vary any bylaws and regulations touching and concerning the time and place of holding board meetings, notices thereof, the procedure thereat, and for the good ordering and

government of the said college, the number, residence, duties, salary, provision and emolument of the principal or other head, professors, tutors, masters, officers, agents and servants of the said college respectively, and all other matters and things which to them may seem good, fit and useful for the well ordering, governing and advancement of said college; and all such bylaws, when reduced into writing and after the common seal of the college has been affixed thereto shall be binding upon all persons members thereof:

Provided that no such bylaw shall be repugnant to the laws of Saskatchewan or of Canada.

10. It shall be the duty of the board to keep proper records and minutes of all their proceedings and to keep proper books of account of the financial affairs of the college and present a report of the said college accompanied by a duly audited financial statement to each general assembly of the Presbyterian Church in Canada.

11. One-third of the said board and senate shall retire from office each year and should the said number of the said board and senate not be a multiple of three then the number nearest to the one-third shall retire each year. For the first two years the general assembly shall decide which of the members of the board or senate shall retire.

12. Five members shall be a quorum of the senate and seven members shall be a quorum of the board of management.

13. The said general assembly of the Presbyterian Church in Canada shall by itself annually or at such time as to them may seem fit appoint the college board and senate as aforesaid.

14. The board shall elect one of their members to preside as chairman over all meetings.

15. All questions shall be decided by the majority of members present at board meetings; the chairman shall not vote except in the case when a casting vote is necessary.

16. The board of management shall have power to appoint an executive committee of which the principal of the college shall be a member to which it may assign such business as it deems necessary or expedient.

17. The principal and professors of the said college with such persons as the general assembly may appoint shall constitute the senate of the said college, and shall have power and authority to confer degrees in divinity, to direct the studies, lectures, examinations and exercises of the said students,

and shall have the management and supervision of such affairs of the college as shall from time to time be assigned them by the general assembly or by the college board.

18. The principal of the college shall call and preside at all meetings of the senate and in his absence a chairman shall be chosen by the members present.

19. All questions which shall come before the senate shall be decided by a majority of the members present. In case of equality of votes the principal or chairman shall have a second or casting vote.

20. The head office of the said corporation shall be at the city of Saskatoon.