CHURCH OF THE LIVING GOD (INCORPORATING AND VESTING) ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

   3   Incorporation

   4   Vesting property

   5   Powers of Corporation

   6   Savings of prerogative

THE CHURCH OF THE LIVING GOD (INCORPORATING AND VESTING) ACT

[Date of Commencement: 27th April, 1995]

Act 20 of 1995.

1   Short title

   This Act may be cited as the Church of the Living God (Incorporating and Vesting) Act.

2   Interpretation

   In this Act, unless the context otherwise requires-

   "the Church" means the persons for the time being associated in Jamaica under the name "The Church of the Living God".

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   "The Corporation" means the body incorporated by this Act.

3   Incorporation

   (1) The following persons that is to say:-

   Michael Barnes, Overseer

   Lornette McKenzie, Assistant Overseer,

   Assistant Treasurer

   Doreen Burke, Secretary

   Ida Turner, Treasurer

   Pauline McCalla, Assistant Secretary

and their successors for the time being in the respective offices aforesaid 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 the Living God and possessed of a corporate seal and by that name may sue and be sued in all courts of this Island.

   (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 such 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 Island Record Office or the lodging in the Office of Titles of a certificate under the seal of the Corporation of the appointment of any person to any of the offices mentioned in subsection (1) of this section, 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 similar certificate of the appointment of another person to such office.

   (5) No deed or document required by law to be executed by the Corporation shall be of any force or validity unless it shall be sealed with the corporate seal and signed by not less than two members of the Corporation one of whom shall be the Overseer for the time being of the Church.

4   Vesting property

   (1) All lands and hereditaments and all goods, chattels, and personal property in Jamaica now held by or vested in any person or persons as trustees express or implied for the benefit of the Church and 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 officers, members or ministers of the Church or any of them are hereby transferred to and vested in the Corporation its successors and assigns for the same estate and interest for which the same were respectively held by or vested in such person or persons immediately prior to the commencement of this Act, subject to all trusts, mortgages, charges, rights, reservations or incumbrances, if any, affecting the same or any part thereof.

   (2) All property real or personal in Jamaica 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 and is hereby vested in and shall be deemed to be the property of the Corporation.

5   Powers of Corporation

   The Corporation shall have the following powers:

   (a)   To acquire, hold, purchase, receive, lease, possess and enjoy any lands and hereditaments whatsoever in fee simple, leasehold or for any other estate or interest therein, and all other property, real or personal or mixed;

   (b)   To 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)   To 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 or future held by or vested in the Corporation and to redeem and pay off such securities;

   (d)   To appoint such person or persons as the attorneys or attorney of the Corporation 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;

   (e)   To make such rules and by-laws as they shall think fit in order to carry out the purpose of the law.

6   Savings of prerogative

   Nothing in this Act shall prejudice or affect the rights of Her Majesty the Queen, Her Heirs, and Successors, the Government of Jamaica or any body politic or corporate or of any other person or persons, except such as are mentioned in this Act and those claiming by, from, through or under them.

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