Churches Incorporation Law (1998 Revision) THE CHURCHES INCORPORATION LAW
This law creates incorporated church bodies, gives them powers to manage church property, and sets rules for seals, officers, and decision-making.
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This law creates incorporated church bodies, gives them powers to manage church property, and sets rules for seals, officers, and decision-making. The corporation and its Council have broad powers over church property and governance, including appointing attorneys, making rules, transferring property, and recording appointments.
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Provisions of Churches Incorporation Law (1998 Revision) THE CHURCHES INCORPORATION LAW
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AI-assisted research summary: This law creates incorporated church bodies, gives them powers to manage church property, and sets rules for seals, officers, and decision-making.
Churches Incorporation Law (1998 Revision) Supplement No. 1 published with Gazette No. 3 of 2nd February, 1998. THE CHURCHES INCORPORATION LAW (1998 Revision) Consolidating the Church on Hospital Road (Incorporation) Law (16 of 1988)-as amended by Law 11 of 1995, the Anglican Church of the Cayman Islands Law (29 of 1979), the Cayman Islands Mission of Seventh-Day Adventists Law (12 of 1974), the Church of God (Universal) (Incorporation) Law (8 of 1983), the New Apostolic Church of the Cayman Islands (Incorporation) Law (20 of 1978), the New Testament Church of God (Incorporation) Law (14 of 1972), the Roman Catholic Archbishop of the Cayman Islands (Incorporation and Vesting) Law (14 of 1979) and the United Church Incorporation Law (31 of 1977). Revised under the authority of the Law Revision Law (19 of 1975). Originally enacted- Law 16 of 1988-20th September, 1988 Law 11 of 1995-15th September, 1995 Law 29 of 1979-6th September, 1979 Law 12 of 1974-5th July, 1974 Law 8 of 1983-24th February, 1983 Law 20 of 1978-8th September, 1978 Law 14 of 1972-28th September, 1972 Law 14 of 1979-11th April, 1979 Law 31 of 1977-5th December 1977. Consolidated and revised this 6th day of January, 1998. Churches Incorporation Law (1998 Revision) 2 Churches Incorporation Law (1998 Revision) CHURCHES INCORPORATION LAW (1998 Revision) ARRANGEMENT OF SECTIONS PART I-Introductory 1. Short title 2. Definition PART II-Agape Family Worship Centre 3. Definitions in this Part 4. Constitution of corporation 5. Common seal 6. Non-liability of members 7. Powers to make rules 8. Power of corporation 9. Church property vested in corporation 10. Trusts upon which property held 11. Power to dispose of property 12. Application of proceeds of property PART III-Anglican Church of the Cayman Islands 13. Definitions and interpretation in this Part 14. Constitution of Council 15. Constitution of body corporate 16. Removal of members 17. Non-liability of members 18. Common seal 19. Power to make rules 20. Temporary provisions 21. Vesting of property 22. Powers of corporation 23. Trusts upon which property held 24. Power to appoint attorney 25. Power to dispose of property 26. Application of proceeds of property 27. Reference of questions and disputes to Council 28. Evidence of acts 3 Churches Incorporation Law (1998 Revision) PART IV-Cayman Islands Mission of Seventh-Day Adventists 29. Definitions in this Part 30. Creation of corporation and officers thereof 31. Signing officers of corporation 32. Vesting of property 33. Powers of corporation PART V-Church of God (Universal) 34. Definitions in this Part 35. Creation of corporation and officers thereof 36. Signing officers of corporation 37. Vesting of property 38. Powers of corporation PART VI-New Apostolic Church of the Cayman Islands 39. Definitions in this Part 40. Creation of corporation and officers thereof 41. Signing officers of corporation 42. Vesting of property 43. Powers of corporation PART VII-New Testament Church of God 44. Definitions in this Part 45. Creation of corporation and officers thereof 46. Signing officers of corporation 47. Vesting of property 48. Powers of corporation PART VIII-Roman Catholic Archbishop of the Cayman Islands 49. Definitions in this Part 50. Creation of corporation 51. Vesting of property 52. Powers of corporation 53. Appointment of officer 54. Vesting of personal property 4 Churches Incorporation Law (1998 Revision) PART IX-United Church 55. Definitions in this Part 56. Constitution of body corporate 57. Powers to remove members 58. Appointment of successors 59. Non-liability of members 60. Common seal 61. Power to make rules 62. Temporary provisions 63. Church property vested in corporation 64. Powers of corporation 65. Trusts upon which property held 66. Transfer of other Church property 67. Power to appoint attorneys 68. Power to dispose of property 69. Application of proceeds of property 70. Execution of deeds 71. Reference of questions and disputes to Council 72. Evidence of acts PART X-Reservation of Rights 73. Reservation of rights 5 Churches Incorporation Law (1998 Revision) 6 Churches Incorporation Law (1998 Revision) CHURCHES INCORPORATION LAW (1998 Revision) PART I-Introductory 1. This Law may be cited as the Churches Incorporation Law (1998 Revision). Short title 2. In this Law- Definition “Islands” mean the Cayman Islands. PART II-Agape Family Worship Centre 3. In this Part- Definitions in this Part “Church” means the persons for the time being associated in the Islands under the name of the Agape Family Worship Centre; and “corporation” means the body incorporated under section 4. 4. (1) The following officers of the Church (hereinafter called members) Constitution of corporation namely Thomas Paterson Adam, Alden Ebanks and Richard Graham-Taylor and any elder or other officer of the Church up to a maximum of twelve elders or other officers of the Church appointed by a majority of the elders of the Church are declared, constituted and appointed a corporation or body corporate to have continuance forever and perpetual succession by the name of “The Agape Family Worship Centre” and possessed of a corporate seal and by that name may sue and be sued in all courts in the Islands. (2) No act or proceeding of the corporation shall be invalidated by reason of any vacancy in the body or by any defect in the appointment of any person as a member of the corporation. (3) Upon the recording in the Public Record Office of a Certificate under the seal of the corporation of the appointment of any member under subsection (1), the person named in such certificate shall be deemed to be a member of the corporation until the recording or lodging of a certificate of the resignation or termination of such appointment. (4) A majority of the elders of the Church may, without cause and without giving any reason therefor, remove any of the members of the corporation and substitute another or others. A member may resign in writing from the corporation. 7 Churches Incorporation Law (1998 Revision) 5. (1) The corporation shall have a common seal, with such stamp and Corporate seal inscription to be made thereon as the members for the time being of the corporation shall think proper to adopt; and it shall be lawful for them, from time to time, to break, alter or renew the said seal, as they shall think proper. 1995 Revision (2) No deed or document under the Registered Land Law (1995 Revision) purporting to be executed by the corporation shall be of any force or validity unless it is sealed with the corporate seal and signed by any two of the members. Non-liability of members 6. No member of the corporation shall be in any way personally responsible as such or as a trustee of any of the lands, hereditaments, goods, chattels or effects for the time being vested in the corporation, for or in respect of any debt due, owing or accruing, or hereafter to accrue, upon or in reference to such trust property, nor for any involuntary loss suffered by the corporation or any member thereof, nor for more money than shall come into his hands, nor for any injury which may be done by others to the said trust property or any part or parts thereof. Powers to make rules 7. (1) In respect of all matters within the province or discretion, or subject to the election, decision, control or management of the corporation or the members thereof it shall be lawful for the corporation in a meeting, from time to time, to make such rules in harmony with the purposes of the corporation as may be deemed desirable- (a) for convening and adjourning the meetings of the corporation; (b) for conducting its business; (c) for carrying into effect the trust and powers vested in or conferred upon the corporation; (d) for recording its proceedings; and (e) generally for the carrying out of the objects of the corporation, and to revoke, alter, add or modify all or any of such rules, and all rules in force shall be binding on the members of the corporation. (2) Until and except as such rules shall be so made and in force and subject thereto, in all cases of a difference of opinion, the decision of an absolute majority of the members for the time being of the corporation shall be deemed to be the decision or act of the corporation. Power of corporation 8. The corporation shall have power to- (a) acquire, hold, purchase, lease, possess and enjoy any lands and hereditaments whatsoever whether registered at the Land Registry with absolute or provisional title or in fee simple, for leasehold or for any other estate or interest therein, and all property, real personal or mixed; 8 Churches Incorporation Law (1998 Revision) (b) give, grant, let, charge, improve, manage, develop, exchange, lease, mortgage, sell, convey, assign, dispose of, turn to account or otherwise deal with all or any of the property, both present and future, so held or vested, or any part thereof; (c) borrow, raise or secure the payment of money in such manner as may be thought fit and in particular by the issue of debentures or scrip charged upon all or any of the property (both present and future) held by or vested in the corporation, and to redeem and pay off such securities; (d) appoint an attorney or attorneys, either generally or for a limited period, for such purposes and with such powers as may be stated in the power of attorney, and to revoke any such appointment; and (e) do all other things as the corporation may, from time to time, declare and publish in two issues of the Gazette or as may be deemed incidental or conducive to the attainment of the above objects or any of them or to the Church. 9. (1) All lands (including Registration Section George Town Central Block Church property vested in corporation 14CJ Parcel 107) and hereditaments and all goods, chattels and personal property in the Islands which are now legally or equitably the property of the Church or are held in trust for the purposes of the Church or are now held or possessed on behalf of the Church by the officials, ministers or members of the Church, or any of them, are transferred to and vested in the corporation, their successors and assigns subject to all trusts, mortgages, charges, rights, reservations or encumbrances, if any, affecting the same or any part thereof. (2) All property real and personal in the Islands bequeathed by will or otherwise given to the said Church or any person for the benefit of the Church, shall be held by, is vested in and shall be deemed to be the property of the said corporation. 10. All property real and personal hereby vested in or which may hereafter at Trusts upon which property held any time be acquired by or become vested in the corporation shall be held, occupied, possessed and enjoyed upon trust for and for the benefit of or connected with or incidental to the Church. 11. The corporation may, from time to time, as may be deemed desirable, sell Power to dispose of property and dispose of, transfer, exchange, lease, rent out or convey any lands, hereditaments, buildings, goods, chattels or effects for the time being vested in the corporation: Provided that no land, hereditaments, buildings or real property shall be sold, disposed of, exchanged or conveyed, or leased or rented for any term longer 9 Churches Incorporation Law (1998 Revision) than from year to year without the express concurrence and approval of a majority of the elders of the Church. Application of proceeds 12. All rents, issues and profits of the lands and hereditaments vested in or of property acquired by the corporation and all proceeds of such of them as shall be sold or exchanged shall be paid to the Treasurer of the corporation for the purposes of the Church in the Islands. PART III-Anglican Church of the Cayman Islands Definitions and 13. (1) In this Part- interpretation in this Part “Church” means the Anglican Church in the Islands and includes its successors and any body for the time being exercising its functions; “corporation” means the body incorporated under section 15; “Church Committee” means the Church Committee as constituted under the Constitution and Canons of the Church in Jamaica in the Province of the West Indies and includes the Advisory Committee or Committees nominated by the superintending clergyman in accordance with the bye-laws made under the Constitution and Rules of the Jamaica Church Missionary Society; and “Council” means the Council established under section 14. (2) In this Law, reference to “the Bishop”, “the Diocesan Secretary”, “the Chancellor”, “the Chairman of the Financial Board” and “the Suffragan Bishops” shall be construed in accordance with the Constitution and Canons of the Church in Jamaica in the Province of the West Indies. Constitution of Council 14. (1) There shall be a council consisting of not less than eight nor more than ten persons and shall include the Bishop, the Chancellor, the Chairman of the Financial Board, the Diocesan Secretary, the Suffragan Bishops, the Superintending Clergyman of the Church and two members of the Church resident in the Islands and selected in the manner most acceptable to the Church. (2) The Chairman of the Council shall be the Bishop or his nominee, and a quorum of the Council shall be such number as the Council may fix from time to time. (3) At meetings of the Council all matters shall be determined by a simple majority vote and a decision or resolution of Council shall, for the purposes of this 10 Churches Incorporation Law (1998 Revision) Law, be deemed to be the decision of a simple majority of the members of Council for the time being. (4) In any case in which voting is equal, the Chairman shall, in addition to an original vote, have a casting vote. (5) Subject to subsection (3), the Council shall have the power to regulate its own procedure. 15. (1) There is constituted for the purposes set forth in this Part a corporation Constitution of body corporate or body politic consisting of five persons namely- (a) the Bishop, the Diocesan Secretary for the time being of the Diocese of Jamaica in the Province of the West Indies and the Reverend Weevil Gordon, or the person who, for the time being, is the senior superintending Clergyman of the Church, and (b) two members of the Church resident in the Islands, who shall be selected in the manner most acceptable to the Church, and the Council may appoint the successors of such members of the corporation as vacancies occur, whether by death, resignation, removal or otherwise, as soon as may be found convenient after such vacancy occurs. (2) No act or proceeding of the corporation shall be invalidated by reason of any vacancy in the body or in any of the offices in subsection (1), or by any defect in the appointment of any person to any such office. (3) The fact that any vacancy exists at any time among the members of the corporation shall not affect the continuance of the corporation. (4) The corporation shall have continuance forever and perpetual succession by the name of “The Anglican Church in the Cayman Islands” and by that name may sue or be sued, plead and be impleaded in all Courts of law or equity. (5) No deed or document purporting to be executed by the corporation shall be of any force or validity unless sealed with the seal of the corporation and signed by three members, two of whom shall be from among those in the category listed in paragraph (a) of section 15(1). 16. Save and except the Bishop and Diocesan Secretary, the Council may, Removal of members without cause and without giving any reason, remove any of the other three members of the corporation and substitute another or others. 11 Churches Incorporation Law (1998 Revision) 17. No member of the corporation shall be in any way personally responsible as Non-liability of members such, or as a trustee of any of the lands, hereditaments, goods, chattels or effects, for the time being vested in the corporation, for or in respect of any debt due, owing or accruing or hereafter to accrue, upon or in reference to such trust property nor for any involuntary loss suffered by the corporation or any member thereof, nor for money that shall come into his hands, nor for any injury which may be done by others to the said trust property or any part of parts thereof. Common seal 18. The corporation shall have a common seal which shall be of such design and pattern as the corporation may, from time to time, determine; and it shall be lawful for the corporation to break, alter or renew the said seal as it thinks proper. Power to make rules 19. In respect of all matters within the discretion, or subject to the election, decision, control or management of the corporation or the members thereof, it shall be lawful for the corporation in a meeting, from time to time to make such rules, in harmony with the purposes of the corporation, as may be deemed desirable - (a) for convening and adjourning the meetings of the corporation; (b) for conducting its business; (c) for carrying into effect the trusts and powers vested in or conferred upon the corporation; (d) for recording its proceedings; and (e) generally for the carrying out of the objects of the corporation, and to revoke, alter, add or modify all or any such rules and all rules in force shall be binding on the members of the corporation. Temporary provisions 20. Until such rules are made and in force, and subject thereto- (a) the Bishop, and in his absence the Diocesan Secretary, shall be the convener with full powers as such; and in the absence of both, any member of the corporation may be the convener; (b) in all cases of a difference of opinion, the decision of a simple majority of the members for the time being of the corporation shall be deemed to be the decision or act of the corporation; and (c) members may, in cases where personal attendance can be dispensed with, express their opinion in writing addressed to the convener, and the opinion so expressed may be recorded as the vote of the absentee member. Vesting of property 21. (1) The lands and hereditaments mentioned or referred to in subsection (3) and all estate and interest of all and every and any of the grantees named in the several deeds or entered as proprietors in the Register of Lands of the Islands mentioned in subsection (3), their heirs and assigns of and in the lands 12 Churches Incorporation Law (1998 Revision) and hereditaments by such deeds or transfers or entered in such Register or any of them vested in or granted to such grantees or such proprietors of any of them for any estate or interest, or mentioned so to be, and all other lands and hereditaments, if any, and all goods, chattels, and personal property in the Islands which are now legally or equitably the property of the Church in Jamaica in the Province of the West Indies are held in trust for the purposes of the said body or are now held possessed, used, occupied or enjoyed on behalf of the Church or as Church property by the Church, or by the officials, ministers or members of the Church, or any of them, or by any person or persons holding under such officials, ministers or members, of any of them, are hereby transferred to and vested in the corporation, its successors and assigns, subject to such rights, mortgages, charges, trusts or encumbrances and reservations, if any, affecting the same or any part thereof. (2) All property real and personal in the Islands devised or bequeathed by will or otherwise given to the Church or to any person for the benefit of the Church shall be held by, is vested in, and shall be deemed to be the property of the corporation. (3) The following is the list of lands and hereditaments the subject of subsection (1)- Land Registry Block and Parcel Numbers Block Number 13D 88 13D 89 13D 90 22. (1) The corporation has power for the benefit and purposes of the Church Powers of corporation or for any special purpose or purposes of or connected with the work of the Church in the Islands any lands, hereditaments, goods, chattels and effects or real or personal property, or any estate or interest therein to- (a) acquire by purchase, transfer, donation, exchange, devise, bequest, grant, gift, conveyance or otherwise; (b) give, grant, let, charge, improve, manage, develop, exchange, lease, mortgage, sell, convey, assign, dispose of, turn to account or otherwise deal with all or any of the property, both present and future, so held or any part thereof; (c) receive money on loan and borrow, raise or secure money in such manner as the corporation shall think fit and in particular by the issue of bonds, debentures or debenture stocks (perpetual or otherwise) and to secure the repayment of any money borrowed, 13 Churches Incorporation Law (1998 Revision) raised, secured or owing by mortgage, charge or lien upon all or any of the property or assets of the corporation; (d) draw, make, accept, indorse, discount, excuse and issue promissory notes, bills of exchange, debentures, bonds and other negotiable or transferable instruments; and (e) do all other things as the Council may, from time to time, declare and publish in two issues of the Gazette or as may be deemed incidental or conducive to the attainment of the above objects or any of them. (2) The objects specified in this Part and in each paragraph of subsection (1) shall be regarded as independent objects. Trusts upon which 23. (1) All lands and hereditaments vested in or which may hereafter at any property held time be acquired by or become vested in the corporation shall be held, occupied, possessed and enjoyed, upon such general or special trusts, and for such general or special purposes, and with and subject to such general or special powers and provisions, as shall, from time to time, in respect of all or any of such lands, be described by resolution of the Council and until and subject to such declarations, and so far as the same shall not extend, upon the trusts and for the purposes, and with and subject to the powers and provisions mentioned and set forth in subsection (2). (2) The said purposes, powers and provisions are- (a) upon trust to permit and suffer the lands and hereditaments and the erections and buildings for the time being thereon, and their appurtenances, to be used and occupied only for such purposes connected with the Church or the educational or training work of the Church, as the Council shall, from time to time, direct, appoint, sanction or approve; (b) to permit and suffer the church or place of religious worship, theological or educational training institutions, youth centres, schools, vestries, dwelling houses, offices, outrooms and other buildings and conveniences to be erected or built upon the said lands and hereditaments, or being built or erected to be enlarged, altered, improved, repaired, removed or pulled down, as and whenever the Council shall, from time to time, direct, sanction or approve; (c) to permit and suffer the church or place of religious worship for the time being upon such lands and hereditaments to be used, occupied and enjoyed solely as a place for the religious worship and service of God, and the preaching of the Gospel and expounding and teaching the Holy Scriptures, according to the 14 Churches Incorporation Law (1998 Revision) doctrines and usages professed and observed by the Church in Jamaica in the Province of the West Indies in full communion with the See of Canterbury and the Anglican Communion throughout the world; (d) to permit and suffer to officiate in each church or place of worship on the said hands, and to have the conduct, direction and management, of the services, worship and teaching therein, such minister or ministers or other person or persons only as shall be thereunto for the time being duly appointed in accordance with the rules, regulations and practices of the Church in Jamaica in the Province of the West Indies or such person or persons as shall, from time to time, be thereunto requested by such minister so appointed as aforesaid; (e) to permit and suffer such dwelling house on the said lands and hereditaments as shall or may at any time be assigned as a residence for the minister in charge of or connected with any chapel or mission station of the said Church, and the sub-offices and appurtenances thereof including so much land as shall be attached thereto as incident to such residence, to be used, occupied, possessed and enjoyed by the minister for the time being in charge of, appointed to or connected with, such church in accordance with such rules, regulations and practices as aforesaid, as a residence for himself and his family; (f) to permit and suffer such part of the said lands and hereditaments, if any, as may be set apart as a burial ground to be used by the minister and members of the said church: Provided that the minister or persons already in charge of any church on the said lands, or any of them as the minister thereof, shall be deemed to be so in charge by the appointment and with the approval of the church aforesaid, but that whenever any authority of the church having jurisdiction over any minister or person in charge of any such lands, shall, in the exercise of the powers committed to it, declare by any resolution or other official act any now existing or future appointment of any such minister or person in respect of the said lands, or any part thereof, or of any church at an end, such minister or person shall thereupon absolutely cease to be entitled to the privileges or benefits of the trusts aforesaid; (g) to permit every church built on such lands to be used under the authority of the Council according to the doctrines and usages professed and observed by the Church in Jamaica in the Province of the West Indies in full communion with the See of Canterbury and the Anglican Communion throughout the world, and also to 15 Churches Incorporation Law (1998 Revision) permit and suffer every such church building and the lands associated with the church to be supervised and maintained by the church committee provided nevertheless that the Council shall have the final authority in all matters relating to such churches; and (h) to permit and suffer every school, training institution, youth centre and other facility built on such lands to be used under the authority of the Council according to the doctrine and usages professed and observed by the body known as the Church in Jamaica in the Province of the West Indies in full communion with the See of Canterbury and the Anglican Communion throughout the world, and also to permit and suffer every such abovementioned institution to be superintended only by such committee as shall be duly approved by the Council, provided nevertheless that the Council shall have the final authority in all matters referring to such institutions as mentioned above: Provided also that it shall be lawful for the corporation, in the manner and under the circumstances, and to the extent and subject to the limitations and with the sanction or approvals provided or required by the law incorporating it but not otherwise, to convey and assure, sell or exchange, or lease or otherwise deal with the said lands, hereditaments and premises, or any of them or any part thereof. Power to appoint 24. It shall be lawful for the corporation, from time to time when and as it may attorney be deemed necessary or advisable, by deed to appoint a person or persons as the attorney or attorneys of the corporation, or of the members thereof, either generally, for a limited period or on specified conditions and without limiting the generality of the foregoing to- (a) take possession or care of, or manage or collect the rents of any property real or personal for the time being vested, or claimed to be vested, in the corporation; (b) enforce or carry into effect the trust or provisions affecting or relating to any such property real or personal; and (c) carry out the directions of the members of the corporation or the Council in respect of the same trust premises, or any of them, and such appointments and powers of attorney may, from time to time, at the corporation’s pleasure, be revoked and determined by deed. Power to dispose of 25. (1) The corporation may, from time to time, as may be deemed desirable, property sell and dispose of, transfer, exchange, lease, rent out or convey any lands, hereditaments, buildings, goods, chattels or effects for the time being vested in the corporation. 16 Churches Incorporation Law (1998 Revision) (2) Notwithstanding subsection (1), no land, hereditaments, buildings or real property shall be sold, disposed of, exchanged or conveyed, or leased or rented for any term longer than from year to year without the express concurrence and approval of the Council. 26. All rents, issues and profits of the lands and hereditaments vested in or Application of proceeds of property acquired by the corporation, and all proceeds of such of them as shall be sold or exchanged, shall be paid to the Council for the purposes of the Church in the Islands. 27. In all cases of any questions or disputes in reference to the trusts, powers or Reference of questions and disputes to Council provisions affecting any lands or hereditaments vested in or claimed to be vested in the corporation, or the exercise or enforcement thereof, or in reference to the doctrines or usages of the Church in relation to any such lands, or the occupancy, charge or superintendence thereof, or any trusts or provisions affecting the same, or in reference to the members of the corporation, or in reference to the right of any minister or person to occupy or of any board or committee to superintend, or take or keep charge of any such lands or hereditaments, or any part thereof, or any buildings thereon, the same shall be referred to the Council, and its decision thereon shall be absolutely binding and conclusive as to such question or dispute. 28. For the purposes of this Part, any resolution, decision or document Evidence of acts purporting to be signed by the Chairman and the Secretary of Council and purporting to be proved by a voluntary declaration of such (as the case may be) shall be prima facie evidence of the official status of the parties signing the same, and also of the facts therein stated, in all Courts of and elsewhere in the Islands. PART IV-Cayman Islands Mission of Seventh-Day Adventists 29. In this Part- Definitions in this Part “Church” means the persons for the time being associated in the Islands under the name of Cayman Islands Mission of Seventh-Day Adventists; and “corporation” means the body incorporated under section 30. 30. (1) The following persons, namely H. S. Walters, President of West Indies Creation of corporation and officers thereof Union of Seventh-Day Adventists of Mandeville, Jamaica, M.G. Nembhard, Executive Secretary of West Indies Union of Seventh-Day Adventists of Mandeville, Jamaica, M.G. Cole, Executive President of Cayman Islands Mission of Seventh-Day Adventists, Maxine Gouldbourne, Acting Secretary-Treasurer of 17 Churches Incorporation Law (1998 Revision) Cayman Islands Mission of Seventh-Day Adventists, and/or their successors for the time being in the respective offices are hereby declared and appointed a corporation or body corporate to have continuance forever and perpetual succession by the name of “The Cayman Islands Mission of Seventh-Day Adventists” and possessed of a corporate seal, and by that name may sue and be sued in all Courts in the Islands. (2) No act or proceeding of the corporation shall be invalidated by reason of any vacancy in the body or in any of the offices mentioned in subsection (1) or by any defect in the appointment of any person to any such office. (3) The seal of the corporation shall be of such design and pattern as the corporation may, from time to time, determine. (4) Upon the recording in the Public Record Office a certificate under the seal of the corporation and appointment of any person to any office mentioned in subsection (1), the person named in such a certificate shall be deemed to be the holder of the office named therein until the recording or lodging of a certificate of the appointment of another person to such office. Signing officers of 31. No deed or document purporting to be executed by the corporation shall be corporation of any force or validity unless it is sealed with the corporate seal and signed by any two of the following, namely the President of Cayman Islands Mission of Seventh-Day Adventists and the Secretary-Treasurer of Cayman Islands Mission of Seventh-Day Adventists, and/or the President of the West Indies Union of Seventh-Day Adventists and the Executive Secretary of the West Indies Union of Seventh-Day Adventists. Vesting of property 32. (1) All lands and hereditaments and all goods, chattels and personal property in the Islands which are now legally or equitably the property of the Church or are held in trust for the purposes of the Church or are now held or possessed on behalf of the Church by the officials, minister or members of the Church or any of them or by the General Conference Corporation of Seventh-Day Adventists are transferred to and vested in the corporation, their successors and assigns subject to all trusts, mortgages, charges, rights, reservations or encumbrances, if any, affecting the same or any part thereof. (2) All property real and personal in the Islands bequeathed by will or otherwise, given to the said Church or any person for the benefit of the Church, shall be held by, is vested in and shall be deemed to be the property of the said corporation. Powers of corporation 18 Churches Incorporation Law (1998 Revision) 33. The corporation shall have power to- (a) acquire, hold, purchase, lease, possess and enjoy any lands and hereditaments whatsoever in fee simple, for leasehold, or for any other estate or interest therein, and all property, real, personal or mixed; (b) give, grant, let, charge, improve, manage, develop, exchange, lease, mortgage, sell, convey, assign, dispose of, turn to account or otherwise deal with all or any of the property, both present and future, so held or vested, or any part thereof; (c) borrow, raise or secure the payment of money in such manner as may be thought fit, and in particular by the issue of debentures or scrip charged upon all or any of the property (both present and future) held by or vested in the corporation, and to redeem and pay off such securities; and (d) appoint an attorney or attorneys, either generally or for a limited period, for such purposes and with such powers as may be stated in the power of attorney, and to revoke any such appointment. PART V-Church of God (Universal) 34. In this Part- Definitions in this Part “Church” means the persons for the time being associated in the Islands under the name of the Church of God (Universal); and “corporation” means the body incorporated under section 35. 35. (1) The following persons, namely Robert James Arch, Executive Pastor, Creation of corporation of officers thereof Hope Dorothy Ethlyn Glidden-Borden, the Secretary in the Islands and Sarah Lois Arch, the Treasurer in the Islands and their successors for the time being in the respective offices of Executive Pastor in the Islands, Secretary in the Islands and Treasurer in the Islands are hereby declared, constituted and appointed a corporation or body corporate to have continuance forever and perpetual succession by the name of “The Church of God (Universal)” and possessed of a corporate seal and by that name may sue and be sued in all Courts in the Islands. (2) No act or proceeding of the corporation shall be invalidated by reason of any vacancies in the body or in any of the offices mentioned in subsection (1) or by any defect in the appointment of any person to any such office. (3) The seal of the corporation shall be of such design and pattern as the corporation may, from time to time, determine. 19 Churches Incorporation Law (1998 Revision) (4) Upon the recording in the Public Record Office of a certificate under the seal of the corporation of the appointment of any person to any office mentioned in subsection (1), the person named in such certificate shall be deemed to be the holder of the office named therein until the recording or lodging of a certificate of the appointment of another person to such office. Signing officers of 36. No deed or document purporting to be executed by the corporation shall be corporation of any force or validity unless it is sealed with the corporate seal and signed by any two of the following, namely the Executive Pastor in the Islands, Treasurer in the Islands and Secretary in the Islands. Vesting of property 37. (1) All lands and hereditaments and all goods, chattels and personal property in the Islands which are now legally or equitable the property of the Church or are held in trust for the purposes of the Church or are now held or possessed on behalf of the Church by the officials, ministers or members of the Church or any of them or by any person holding under such officials, ministers or members or any of them are hereby transferred to and vested in the corporation, its successors and assigns subject to all trusts, mortgages, charges, rights, reservations or encumbrances, if any, affecting the same or any part thereof. (2) All property real and personal in the Islands bequeathed by will or otherwise given to the Church or any person for the benefit of the Church shall be held by, is vested in and shall be deemed to be the property of the said corporation. Powers of corporation 38. The corporation shall have power to- (a) acquire, hold, purchase, lease, possess and enjoy any lands and hereditaments whatsoever in fee simple for leasehold, or for any other estate or interest therein, and all property, real, personal or mixed; (b) give, grant, let, charge, improve, manage, develop, exchange, lease, mortgage, sell, convey, assign, dispose of, turn to account or otherwise deal with, all or any of the property, both present and future, so held or vested or any part thereof; (c) borrow or raise or secure the payment of money in such manner as may be thought fit and in particular by the issue of debentures or scrip charged upon all or any of the property (both present and future) held by or vested in the corporation and to redeem and pay off such securities; and (d) appoint an attorney or attorneys, either generally or for a limited period, for such purposes and with such powers as may be stated in the power of attorney, and to revoke any such appointment. 20 Churches Incorporation Law (1998 Revision) PART VI-New Apostolic Church of the Cayman Islands 39. In this Part- Definitions in this Part “Church” means the persons for the time being associated in the Islands under the name of the New Apostolic Church of the Cayman Islands; and “corporation” means the body incorporated under section 40. 40. (1) The following persons, namely Michael Kraus, District Apostle, Erwin Creation of corporation and officers thereof Wagner, Apostle and George Meisinger, District Rector and their successors for the time being in the respective offices of District Apostle, Apostle and District Rector in the Islands are hereby declared constituted and appointed a corporation or body corporate to have continuance forever and perpetual succession by the name of “The New Apostolic Church of the Cayman Islands” and possessed of a corporate seal and by that name may sue and be sued in all Courts in the Islands. (2) No act or proceeding of the corporation shall be invalidated by reason of any vacancy in the body or in any of the offices mentioned in subsection (1), or by any defect in the appointment of any person to any such office. (3) The seal of the corporation shall be of such design and pattern as the corporation may, from time to time, determine. (4) Upon the recording in the Public Record Office of a certificate under the seal of the corporation of the appointment of any person to any office mentioned in subsection (1), the person named in such certificate shall be deemed to be the holder of the office named therein until the recording or lodging of a certificate of the appointment of another person to such office. 41. No deed or document purporting to be executed by the corporation shall be Signing officers of corporation of any force or validity unless it is sealed with the corporate seal and signed by any two of the following, namely the District Apostle, Apostle and District Rector in the Islands. 42. (1) All lands and hereditaments and all goods, chattels and personal Vesting of property property in the Islands which are now legally or equitably the property of the Church or are held in trust for the purposes of the Church or are now held or possessed on behalf of the Church by the officials, ministers, Apostles, Rectors or members of the Church or any of them or by any person holding under such officials, ministers, Apostles, Rectors or members or any of them are hereby transferred to and vested in the corporation, their successors and assigns subject to 21 Churches Incorporation Law (1998 Revision) all trusts, mortgages, charges, rights, reservations or encumbrances, if any, affecting the same or any part thereof. (2) All property, real and personal in the Islands bequeathed by will or otherwise, given to the said Church or any person for the benefit of the Church, shall be held by, is vested in and shall be deemed to be the property of the said corporation. Powers of corporation 43. The corporation shall have power to- (a) acquire, hold, purchase, lease, possess and enjoy any lands and hereditaments whatsoever in fee simple, for leasehold, or for any other estate or interest therein, and all property, real, personal or mixed; (b) give, grant, let, charge, improve, manage, develop, exchange, lease, mortgage, sell, convey, assign, dispose of, turn to account or otherwise deal with all or any of the property, both present and future, so held or vested, or any part thereof; (c) borrow, raise or secure the payment of money in such manner as may be thought fit and in particular by the issue of debentures or scrip charged upon all or any of the property (both present and future) held by or vested in the corporation and to redeem and pay off such securities; and (d) appoint an attorney or attorneys, either generally or for a limited period, and for such purposes and with such powers as may be stated in the power of attorney, and to revoke any such appointment. PART VII-New Testament Church of God Definitions in this Part 44. In this Part- “Church” means the persons for the time being associated in the Islands under the name of the New Testament Church of God; and “corporation” means the body incorporated under section 45. Creation of corporation 45. (1) The following persons, namely William E. Johnson, Executive Mission and officers thereof Secretary, Luke Reginald Summers, Superintendent of the West Indies, William Randolph McCall, Overseer in the Islands, Herro Verne Blair, Secretary in the Islands, Carmen Forbes, Treasurer in the Islands and their successors for the time being in the respective offices of Executive Mission Secretary, Superintendent of the West Indies, Overseer in the Islands, Secretary in the Islands and Treasurer in the Islands are declared constituted and appointed a corporation or body corporate 22 Churches Incorporation Law (1998 Revision) to have continuance forever and perpetual succession by the name of “The New Testament Church of God”, possessed of a corporate seal and by that name may sue and be sued in all Courts in the Islands. (2) No act or proceeding or the corporation shall be invalidated by reason of any vacancy in the body or in any of the offices mentioned in subsection (1) or by any defect in the appointment of any person to any such office. (3) The seal of the corporation shall be of such design and pattern as the corporation may, from time to time, determine. (4) Upon the recording in the Public Record Office of a certificate under the seal of the corporation of the appointment of any person to any office mentioned in subsection (1), the person named in such a certificate shall be deemed to be the holder of the office named therein until the recording or lodging of a certificate of the appointment of another person to such office. 46. No deed or document purporting to be executed by the corporation shall be Signing officers of corporation of any force or validity unless it is sealed with the corporate seal and signed by any four of the following, namely the Executive Mission Secretary, Superintendent of the West Indies, Overseer in the Islands, Treasurer in the Islands and Secretary in the Islands. 47. All lands and hereditaments and all goods, chattels and personal property in Vesting of property the Islands which are now legally or equitably the property of the Church or are held in trust for the purposes of the Church or are now held or possessed on behalf of the Church by the officials, ministers or members of the Church or any of them or by any person holding under such officials, ministers or members or any of them are hereby transferred to and vested in the corporation, their successors and assigns subject to all trusts, mortgages, charges, rights, reservations or encumbrances, if any, affecting the same or any part thereof. (2) All property real and personal in the Islands bequeathed by will or otherwise, given to the said Church or any person for the benefit of the Church, shall be held by, and is vested in, and deemed to be the property of the said Corporation. 48. The corporation shall have power to- Powers of corporation (a) acquire, hold, purchase, lease, possess and enjoy any lands and hereditaments whatsoever in fees simple, for leasehold, or for any other estate or interest therein, and all property, real personal or mixed; 23 Churches Incorporation Law (1998 Revision) (b) give, grant, let, charge, improve, manage, develop, exchange, lease, mortgage, sell, convey, transfer, assign, dispose of, turn to account or otherwise deal with all or any of the property both present and future so held or vested or any part thereof; (c) borrow, raise or secure the payment of money in such manner as may be thought fit, and in particular by the issue of debentures or scrip charged upon all or any of the property (both present and future) held by or vested in such corporation and to redeem and pay off any such securities; and (d) appoint an attorney or attorneys, either generally or for a limited period, and for such purposes and with such powers as may be stated in the power of attorney, and to revoke any such appointment. PART VIII-The Roman Catholic Archbishop of the Cayman Islands Definitions in this Part 49. In this Part- “successors in office” means the persons from time to time having, by appointment by the proper authority in Rome, the ecclesiastical powers, authorities, duties and jurisdiction in the Islands of the Roman Catholic Church vested in the Roman Catholic Archbishop of the Cayman Islands; “the proper authority in Rome” means the Cardinal Secretary of State or the Cardinal Prefect of the Congregation “De Propaganda Fide” of the Roman Catholic Church or both of them. Creation of corporation 50. (1) The Most Reverend Samuel Carter, Doctor of Divinity, the Roman Catholic Archbishop of the Cayman Islands and his successors in office shall be a corporation sole to have continuance forever and perpetual succession by the name of “The Roman Catholic Archbishop of the Cayman Islands” and possessed of a corporate seal, and by that name may sue and be sued in all Courts of the Islands. (2) No law or proceeding of the said corporation shall be invalidated by reason of any vacancy in the office mentioned in subsection (1) or by any defect in the appointment of any person to such office.
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AI-assisted research summary: The corporation and its Council have broad powers over church property and governance, including appointing attorneys, making rules, transferring property, and recording appointments.
(3) The seal of the said corporation shall be of such design and pattern as the corporation may, from time to time, determine. Vesting of property 51. (1) All lands and hereditaments and all goods, chattels and personal property in the Islands which, immediately prior to the 7th May, 1979 were legally 24 Churches Incorporation Law (1998 Revision) or equitably the property of, vested in or held in trust for the Roman Catholic Archbishop of Kingston in the Islands are transferred to and vested in the Roman Catholic Archbishop of the Cayman Islands for the same estate and interest and to the extent to which the same were respectively held by or vested in the Roman Catholic Archbishop of Kingston immediately prior to the 7th May, 1979 subject to all trusts, mortgages, charges, rights, reservations or incumbrances, if any, affecting the same or any part thereof. (2) All property real and personal in the Islands including the property specified in subsection (3) devised or bequeathed by will, conveyed, transferred or otherwise given to the Roman Catholic Church in the Islands shall be held by and is vested in and deemed to be the property of the Roman Catholic Archbishop of the Cayman Islands. (3) The following is the property referred to in subsection (2)- Land Registry Block and Parcel Numbers Registration Section Block Parcel South Sound 15B 48 South Sound 7C 47 Midland East 57A 15 West Bay North West 4E 180 George Town Central 14BH 2 52. The corporation constituted under this Part has power to- Powers of corporation (a) acquire, hold, purchase, receive, lease, possess and enjoy any lands or hereditaments whatsoever with absolute or provisional registered title in fee simple, leasehold or for any other estate or interest and all property real, personal or mixed; (b) give grant, let, charge, improve, manage, develop, exchange, lease, mortgage, sell, convey, transfer, assign, dispose of, turn to account or otherwise deal with all or any of the property both present and future so held or vested or any part thereof; (c) borrow, raise or secure the payment of money in such manner as may be thought fit, and in particular by the issue of debentures or scrip charged upon all or any of the property (both present and future) held by or vested in such corporation and to redeem and pay off any such securities; and (d) appoint an attorney or attorneys for such time and purposes and with such powers as may be stated in the instrument of appointment, to revoke any such appointment and to confer on 25 Churches Incorporation Law (1998 Revision) any such attorney or attorneys appointed as aforesaid power to appoint a substitute in his or their stead. Appointment of officer 53. On the appointment of any person to the office mentioned in section 50 the instrument of appointment or a copy thereof duly certified as such by the proper authority in Rome shall be recorded in the Public Records Office. Vesting of personal 54. Notwithstanding anything hereinbefore contained, shares, stock, debentures, property debenture stock, scrip, bonds or other negotiable securities issued by a company incorporated in the Islands and any bonds, stocks, funds or other negotiable securities issued by the Government of the Islands or any public body or authority municipal or local in the Islands and any personal property, the precise situation of which cannot be ascertained, hereafter bequeathed by will or otherwise given to the Roman Catholic Church in the Islands shall be deemed to be given or bequeathed to the Roman Catholic Archbishop of the Cayman Islands. 26 Churches Incorporation Law (1998 Revision) PART IX-United Church 55. In this Part- Definitions in this Part “Council” means the Grand Cayman Council for the time being of the United Church of Jamaica and Grand Cayman and includes any body, convention or meeting (by whatever name it may be called), which shall, for the time being, exercise in Grand Cayman the functions of such Council; “corporation” means the Cayman United Church Corporation; and “Church” means the United Church of Jamaica and Grand Cayman in the Islands and includes its successors and any body or entity (by whatever name it may be called) for the time being exercising its functions. 56. The following persons, being persons approved by the Council, namely Constitution of body corporate Wentworth Lyndhurst Bodden, Vernon Lionel Jackson, Clarence Vernon Thompson, Reverend Doctor Albert Neil Banks and their successors to be appointed as hereinafter mentioned, shall be and are hereby created one corporation or body politic, to have continuance forever and perpetual succession by the name of “The Cayman United Church Corporation” and by that name may sue and be sued, plead and be impleaded, in all Courts of law or equity. 57. The Council may, without cause and without giving any reason therefor, Powers to remove members remove any of the members of the said body corporate and substitute another or others. 58. The successors of the members of the corporation, as vacancies occur Appointment of successors amongst such members by death, resignation, removal or otherwise and as soon thereafter as may be found convenient, may be appointed by the Council: Provided that the fact of any vacancies existing at any time among the members of the corporation shall not be held to affect the continuance of the corporation. 59. No member of the corporation shall be in any way personally responsible as Non-liability of members such, or as a trustee of any of the lands, hereditaments, goods, chattels or effects, for the time being vested in the corporation, for or in respect of any debt due, owing or accruing, or hereafter to accrue, upon or in reference to such trust property, nor for any involuntary loss suffered by the corporation, or any member thereof, nor for more money than shall come into his hands, nor for any injury which may be done by others to the said trust property or any part or parts thereof. 27 Churches Incorporation Law (1998 Revision) 60. The corporation shall have a common seal, with such stamp and inscription Common seal to be made thereon as the members for the time being of the corporation shall think proper to adopt; and it shall be lawful for them, from time to time, to break, alter or renew the said seal, as they shall think proper. Power to make rules 61. In respect of all matters within the province or discretion, or subject to the election, decision, control or management of the corporation or the members thereof, it shall be lawful for the corporation in a meeting, from time to time, to make such rules, in harmony with the purposes of the corporation, as may be deemed desirable for- (a) convening and adjourning the meetings of the corporation; (b) conducting its business; (c) carrying into effect the trusts and powers vested in or conferred upon the corporation; (d) recording its proceedings; and (e) generally the carrying out the objects of the corporation, and to revoke, alter, add or to modify all or any of such rules and all rules in force shall be binding on the members of the corporation. Temporary provisions 62. (1) Until and except as such rules shall be so made and in force, and subject thereto- (a) the senior member of the corporation shall be the convener, with full powers as such; and for this purpose the members named therein shall rank in the order named in section 56; (b) in all cases of a difference of opinion, the decision of an absolute majority of the members for the time being of the corporation shall be deemed to be the decision or act of the corporation; and (c) members may, in cases where personal attendance can be dispensed with, express their opinion in writing addressed to the convener, and the opinion so expressed may be recorded as the vote of the absentee member. (2) A decision or resolution of the Council shall, for the purposes of this Part, be deemed to be the decision or resolution of an absolute majority of the members of Council for the time being. Church property vested 63. (1) The lands and hereditaments mentioned or referred to in subsection (2) in corporation and all the estate and interest of all and every and any of the grantees named in the several deeds or entered as proprietors in the Register of Lands of the Islands mentioned in subsection (2), their heirs and assigns of and in the lands and hereditaments by such deeds or transfers or entered in such Register or any of them vested in or granted to such grantees or such proprietors or any of them, for 28 Churches Incorporation Law (1998 Revision) any estate or interest, or mentioned so to be, and all other lands and hereditaments, if any, and all goods, chattels and personal property in the Islands which are now legally or equitably the property of the United Church of Jamaica and Grand Cayman, the Jamaica Presbyterian Corporation or the Church or are held in trust for the purposes of the said bodies or are now held possessed, used, occupied or enjoyed on behalf of the Church or as Church property by the Church or by the officials, ministers or members of the Church, or any of them, or by any person or persons holding under such officials, ministers or members, or any of them, are hereby transferred to and vested in the corporation, their successors and assigns, subject to such rights, mortgages, charges, trusts or encumbrances and reservations, if any, affecting the same or any part thereof. (2) The following is the list of lands and hereditaments the subject of subsection (1)- Land Registry Block and Parcel Numbers Block Number Block Number Block Number 5B 163 20D 42 56B 5 5B 116 15B 49 57E 32 5B 109 23C 54, 55, 56, 57 49C 24 5C 55 28D 24 72C 161 15E 90 38D 42 72C 118 14BH 70 44B 254 72C 114 OPY 61 44B 80 75A 12 64. The corporation has full power for the benefit and purposes of the Council or Powers of corporation for any special purpose or purposes of or connected with them, or their work in the Islands any lands, hereditaments, goods, chattels and effects, real or personal property or any estate or interest therein to- (a) acquire by purchase, transfer, donation, exchange, devise, bequest, grant, gift, conveyance or otherwise; (b) receive money on loan and borrow or raise money in such manner as the corporation shall think fit and in particular by the issue of bonds, debentures or debenture stock (perpetual or otherwise) and to secure the repayment of any money borrowed, raised or owing by mortgage, charge or lien upon all or any of the property or assets of the corporation; (c) draw, make, accept, indorse, discount, execute and issue promissory notes, bills of exchange, debentures, bonds and other negotiable or transferable instruments; and (d) do all other things as the Council may, from time to time, declare and publish in two issues of the Gazette or as may be deemed 29 Churches Incorporation Law (1998 Revision) incidental or conducive to the attainment of the above objects or any of them. The objects specified in this Part and in each of the foregoing paragraphs shall be regarded as independent objects. Trusts upon which 65. (1) All lands and hereditaments hereby vested in or which may hereafter, at property held any time, be acquired by or become vested in the corporation shall be held, occupied, possessed and enjoyed, upon such general or special trusts, and for such general or special purposes, and with and subject to such general or special powers and provisions, as shall, from time to time, or at any time or times, in respect of all or any of such lands, be described by resolution of the Council and until and subject to such declarations, and so far as the same shall not extend upon the trusts and for the purposes, and with and subject to the powers and provisions, mentioned and set forth in subsection (2). (2) The said purposes, powers and provisions are- (a) upon trust, to permit and suffer the lands and hereditaments and the erections and buildings for the time being thereon, and their appurtenances, to be used and occupied for such purposes connected with the United Church of Jamaica and Grand Cayman in the Cayman Islands or their Church or educational or training work in the Islands as the Council shall, from time to time, direct, appoint, sanction or approve; (b) to permit and suffer all and every such churches or places of religious workshop, theological or educational training institutions, youth centres, schools, vestries, dwelling houses, offices, outrooms and other buildings and conveniences to be erected or built upon the said lands and hereditaments or, being built or erected, to be enlarged, altered, improved, repaired, removed or pulled down, as and whenever the Council shall, from time to time, or at any time direct, sanction or approve; (c) to permit and suffer each and every church or place of religious worship for the time being upon such lands and hereditaments to be used, occupied and enjoyed, solely as a place for the religious worship and service of God, the preaching of the Gospel and expounding and teaching the Holy Scriptures, according to the doctrines and usages professed and observed by the body of Christians known as the United Church of Jamaica and Grand Cayman; (d) to permit and suffer to officiate in each church or place of worship on the said lands, and to have the conduct, direction and management of the services, worship and teaching therein, such 30 Churches Incorporation Law (1998 Revision) minister, ministers or other person or persons only as shall be thereunto for the time being duly appointed in accordance with the rules, regulations and practices of the United Church of Jamaica and Grand Cayman or such person or persons as shall, from time to time, be thereunto requested by such minister so appointed as aforesaid; (e) to permit and suffer such dwelling-house on the said lands and hereditaments as shall or may, at any time, be assigned as a residence for the minister in charge of or connected with any chapel or mission station of the said church, and the sub-offices and appurtenances thereof, including so much land as shall be attached thereto as incident to such residence, to be used, occupied, possessed and enjoyed by the minister for the time being in charge of, or appointed to or connected with, such church in accordance with such rules, regulations and practices as aforesaid, as a residence for himself and his family; (f) to permit and suffer such parts of the said lands and hereditaments, if any, as may be set apart as a burial ground to be used by the ministers and members of the said church: Provided nevertheless that the minister or persons already in charge of any church on the said lands, or any of them as the minister thereof shall be deemed to be so in charge by the appointment and with the approval of the Church aforesaid, but that whenever any authority of the Church having jurisdiction over any minister or person in charge of any such lands shall, in the exercise of the powers committed to it, declare by any resolution or other official act any now existing or future appointment of any such minister or person in respect of the said lands, or any part thereof or of any church at an end, such minister or person shall thereupon absolutely cease to be entitled to the privileges or benefits of the trusts aforesaid; (g) to permit every church built on such lands to be used under the authority of the Council according to the doctrines and usages professed and observed by the body of Christians known as the United Church of Jamaica and Grand Cayman, and also to permit and suffer every such church building and the lands associated with the church to be supervised and maintained by the Board of that church, provided nevertheless that Council shall have the final authority in all matters relating to such churches; and (h) to permit and suffer every school, training institution, youth centre and other facility built on such lands to be used under the authority of Council according to the doctrine and usages professed and observed by the body of Christians known as the 31 Churches Incorporation Law (1998 Revision) United Church of Jamaica and Grand Cayman, and also to permit and suffer every such abovementioned institution to be superintended only by such Board of Governors or other Board or Committee as shall be duly approved by Council, provided nevertheless, that the Council shall have the final authority in all matters referring to such institutions as mentioned above: Provided also that it shall be lawful for the corporation, in the manner, under the circumstances and to the extent and subject to the limitations and with the sanctions or approvals provided or required by this Part but not otherwise, to convey and assure, sell or exchange, or lease or otherwise deal with the said lands, hereditaments and premises, or any of them, or any part thereof. Transfer of other Church 66. In the case of any church or congregation in the Islands desiring to unite with property the Church, to adopt their principles and practices and submit to the jurisdiction and rules of the Church, the corporation may accept the transfer of the property of such church, to be held subject to the trusts from time to time affecting the property vested in the corporation, and such transfer shall be made by the trustees of such property, under the resolution of such church or congregation directing such transfer, duly passed at a church meeting of such church or congregation by the like majorities and in like manner as would authorise a sale of the same lands, or otherwise duly passed in accordance with the rules or practices of such church or congregation. Power to appoint 67. It shall be lawful for the corporation, from time to time when and as it may attorneys be deemed necessary or advisable, by deed to appoint a person or persons as the attorney or attorneys of the corporation, or of the members thereof, either generally, for a limited period or on specified conditions and without limiting the generality of the foregoing to- (a) take possession or care of, or manage or collect the rents of any property real or personal for the time being vested, or claimed to be vested, in the corporation; (b) enforce or carry into effect the trusts or provisions affecting or rating to any such property real or personal; and (c) carry out the directions of the members of the corporation or of the Council in respect of the same trust premises or any of them, and such appointments and powers of attorney may, from time to time at the corporation’s pleasure, be revoked and determined by deed. Power to dispose of 68. The corporation may, from time to time, as may be deemed desirable, sell property and dispose of, transfer, exchange, lease, rent out or convey any lands, 32 Churches Incorporation Law (1998 Revision) hereditaments, buildings, goods, chattels or effects for the time being vested in the corporation: Provided that no land, hereditaments, buildings or real property shall be sold, disposed of, exchanged, conveyed, leased or rented for any term longer than from year to year without the expressed concurrence and approval of the Council. 69. All rents, issues and profits of the lands and hereditaments vested in or Application of proceeds of property acquired by the corporation, and all proceeds of such of them as shall be sold or exchanged, shall be paid to the Treasurer of the Council for the purposes of the Church in the Islands. 70. No deed or transfer of land purporting to be executed by the corporation Execution of deeds shall be of any force or validity unless it is sealed with the corporate seal thereof and countersigned by at least two of the members of the corporation, nor unless, in cases where the concurrence of the Council is required, the resolution of the Council, duly signed by the Chairman and the Secretary thereof, evidencing such concurrence, is annexed to such deed or incorporation therein. 71. In all cases of any question or dispute in reference to the trusts powers or Reference of questions and disputes to Council provisions affecting any lands or hereditaments vested in or claimed to be vested in the corporation, or the exercise or enforcement thereof, or in reference to the doctrines or usages of the Church in relation to any such lands, or the occupancy, charge or superintendence thereof, or any trusts or provisions affecting the same, or in reference to the members of the corporation, or in reference to the right of any minister or person to occupy or of any board or committee to superintend, take or keep charge of any such lands or hereditaments, or any part thereof, or any buildings thereon, the same shall be referred to the Council, and its decision thereon shall be absolutely binding and conclusive as to such question or dispute. 72. For the purposes of this Part, any resolution, decision or document Evidence of acts purporting to be signed by the Chairman and the Secretary of the Council and purporting to be proved by a Voluntary Declaration of such (as the case may be) shall be prima facie evidence of the official status of the parties signing the same, and also of the facts therein stated, in all Courts of and elsewhere in the Islands. PART X-Reservation of Rights 73. Nothing in this Law shall affect or be deemed to affect the rights of Her Reservation of rights Majesty the Queen or of any bodies politic or corporate, or other person or persons, except such as are mentioned or referred to in this Law and except all 33 Churches Incorporation Law (1998 Revision) persons claiming legally or beneficially from, through or under them, or any of them. Publication in consolidated and revised form authorised by the Governor in Council this 6th day of January, 1998. Carmena H. Parsons Clerk of Executive Council 34
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