Society of Saint Maur Incorporation Ordinance

(CHAPTER 381)

(Original Enactment: Ordinance 12 of 1923)

Note: This private Ordinance is reproduced in the form it appears in the 1955 Revised Edition.

REVISED EDITION 1985

(30th March 1987)

An Ordinance to incorporate The Lady Superior in Penang of the Society of Saint Maur.

[20th July 1923]

Whereas many years ago the Society of Saint Maur established branches in the Straits Settlements at George Town in Prince of Wales Island, now commonly called Penang, at Singapore and at Malacca, and in connection with each of such branches founded and carried on therewith educational and charitable institutions respectively known in Penang as “The Convent of the Holy Infant Jesus in Penang”, in Singapore as “The Convent of the Holy Infant Jesus in Singapore”, and in Malacca as “The Convent of the Holy Infant Jesus in Malacca”:

And Whereas the Society appointed a Lady Superior to have charge of each of such educational and charitable institutions:

And Whereas by Ordinance No. 192^* (Penang Convent) the Lady Superior in Penang of the Society of St. Maur and her successors for the time being holding such office, were incorporated by the name of “The Lady Superior of the Convent of the Holy Infant Jesus in Penang”, and the property belonging to the Society of Saint Maur in Penang was vested in the corporation so established:

^* Braddell Edition: repealed by Ordinance 12 of 1923.

And Whereas it has been considered expedient to repeal Ordinance No. 192 (Penang Convent) in order inter alia that the whole of the property of the Society of Saint Maur in the Straits Settlements may be vested in and held by one person:

And Whereas the present holder of the office of the Lady Superior in Penang of the Society of Saint Maur is Euphrasie Labordenave, who was appointed by the Society of Saint Maur to such office:

It is hereby enacted by the Governor of the Straits Settlements with the advice and consent of the Legislative Council thereof as follows:

Short title

1. This Ordinance may be cited as the Society of Saint Maur Incorporation Ordinance.

The Lady Superior in Penang of the Society of Saint Maur to be a body corporate

2. The said Euphrasie Labordenave and her successors for the time being in the office of Lady Superior in Penang of the Society of Saint Maur duly qualified as hereinafter provided shall be a body corporate (hereinafter called “the Corporation”), and shall have perpetual succession under the name of “The Lady Superior of the Convent of the Holy Infant Jesus in Penang”.

Qualification of successor

3. No successor of the said Euphrasie Labordenave in the office of Lady Superior in Penang of the Society of Saint Maur shall be deemed to be qualified as such successor unless and until her appointment as such Lady Superior has been notified to the Minister, and the same has been approved by him, and unless and until a notification of such approval has appeared in the Gazette.

[72/59]

Evidence of appointment of successor

4. A notification in the Gazette of the approval of an appointment of a person as Lady Superior in Penang of the Society of Saint Maur shall be sufficient evidence that such person was duly appointed as such Lady Superior and is duly qualified as by this Ordinance is required.

Corporate seal

5.—(1) The Corporation may have and use a corporate seal which may from time to time be broken, changed, altered and made anew as to the Corporation seems fit.

(2) All deeds, documents or other instruments requiring to be sealed with the seal of the Corporation shall be deemed to be duly sealed if such seal be affixed in the presence of the said Euphrasie Labordenave or other the Lady Superior in Penang of the Society of Saint Maur for the time being, or by her attorney duly authorised by a Power of Attorney registered under section 48 of the Conveyancing and Law of Property Ordinance [1955 Ed., Cap. 243], and if each such deed, document or other instrument be signed by the said Euphrasie Labordenave or her successor or her attorney so authorised as aforesaid, and such signing shall be and be taken as sufficient evidence that the seal of the Corporation was duly and properly affixed, and that the same is the lawful seal of the Corporation.

Powers of suing and being sued

(3) The Corporation may sue and be sued in respect of its property or otherwise in all Courts of Justice.

Powers of Corporation relative to property

(4) The Corporation may acquire, purchase, take, hold and enjoy movable and immovable property of every description, and may sell, exchange, convey, assign, surrender and yield up, mortgage, demise, reassign, transfer or otherwise dispose of any movable or immovable property so acquired, purchased, taken or held or otherwise vested in the Corporation upon such terms as to the Corporation shall seem fit.

Vesting of property in Penang

6. All immovable property formerly vested in the Lady Superior of the Convent of the Holy Infant Jesus in Penang whether with or without the name of the Lady Superior for the time being holding such office, howsoever the same was vested (short particulars whereof are contained in the First Schedule hereto), is hereby vested in the Corporation for the respective estates and interests for which the same are held.

Vesting of property in Singapore and Malacca

7. The several persons mentioned in the third column of the Second and Third Schedules hereto, or the survivors or survivor of them, or the executors or administrators of them, or any of them in whom were vested the respective estates and interests mentioned in the second column of the said Second and Third Schedules, in the lands, hereditaments and premises specified in the first column of the said Second and Third Schedules, are hereby divested of such estates and interests, and such estates and interests are hereby vested in the Corporation as Trustee for the Society of Saint Maur, subject nevertheless to all conditions of tenure incident thereto, and to any trusts affecting the same, but with full power, subject as aforesaid, for the Corporation as such Trustee to deal with the property so vested in accordance with the provisions of subsection (4) of section 5 hereof.

Saving of Crown and other rights

8. Nothing in this Ordinance shall affect the rights of Her Majesty or of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, through, from or under them.

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