ex. CORNELL UNIVERSITY LAW LIBRARY The Moak Collection PURCHASED FOR The School of Law of Cornell University And Presented February 14. i893 IN riEHORY OP JUDQE DOUGLASS BOARDMAN FIRST DEAN OF THE SCHOOL By his Wife and Daughter A. M. BOARDMAN and ELLEN D. WILLIAMS Cornell University Library KF 4865.T98 C.2 American ecclesiastical law:the law of r 3 1924 019 950 611 Cornell University Library The original of tiiis book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/cletails/cu31924019950611 THE IL.Js^'W OF RELIGIOUS SOCIETIES, CHURCH GOVERNMENT AND. CREEDS, DISTURBING RELIGIOUS MEETINGS, BURIAL G-ROUNDS IN THE UNITED STATES. WITH PRACTICAL FORMS. .\,^ By R. H.'TJLER, Counselob-at-Law. ALBANY: WILLIAM GOULD, LAW BOOKSELLER AND PUBLISHBB. No. 68 STATE STREET. 1866. Entered according to act of Congress, in the year one thousand eight hundred and sixty-sixj Bt WILLIAM GOULD, in the Olerks office of the District Court of the Northern District of New York. TO THE HONORABLE WILLIAM F. ALLEN, THE ASTUTE LAWYER, THE SAFE COUNSELOR, THE EMINENT JUDGE, AND THE CHRISTIAN GENTLEMAN, THIS VOLDME IS RESPECTFULLY AND GRATEFULLY INSCRIBED, AS A TESTIMONY OF RESPECT FOS HIS OHABACTBE AND TALENTS, AND AN ACKNOWIEDGMENT Or THE OBIIOATIONS WHICH I FEEL POR THE AID OP HIS FRIENDSHIP, WHICH IT HAS BEEN MT PRIVILEGE TO ENJOY FROM THE EARLIEST PERIOD OF MT PROFESSIONAL LIFE. E. H. T. PRE FA-O E. The design and object of the, following pages, is to bring together and exhibit in comprehensive and intelligible fomi, a clear and distinct digest of all the principles, statutes and adjudged cases, relating to religious societies, disturbing religious meetings and burial-places, and the polity and forms of religious belief of the different Christian denomi- nations in the United States. These subjects, cognate in their character, comprise what may properly be called the Ecclesiastical Law of this country. No work of this kind has heretofore made its appearance, though the want of a book of ready reference upon the subject of American Ecclesiastical Law, has long been felt by the legal profes- sion. The increasing interest felt upon the subject of reli- gion, and the multiplying of religious denominations and churches in all parts of the country, must- necessarily increase the demand for such a book., That something of the kind is much needed, cannot be reasonably doubted. In order to get an understanding of the subjects discussed, it has been necessary to examine a multitude of statutes and VI PBEFAOB. judicial decisions, which lie scattered in profusion among the session laws and reports of the several states. We have not in America, it is true, a regular ecclesiastical establishment as they have in the old countries; and yet the importance of religion and religious worship is recognized by the laws of- the states, and church organizations are encouraged and protected by statutes and judicial decisions, so that a system peculiar to this country is now quite well established. This system I have endeavored, so far as I could, to bring out and explain. The work is not strictly a treatise, nor a compilation; but it partakes of the nature of both. It has been my design to give a statement of the law, in plain and intelligible terms; of course I was obliged to consult the statutes and reported decisions of the states, and where the matter could not be abridged, or the language simplified, I have not hesitated to give the law substantially in the words of the statutes or decisions. In some instances, I have represented not only the law, but the history of the law, because I believed it would be interesting and profit- able; and in all cases I have been less ambitious to be original, than to be accurate and comprehensive. In the plan which I adopted, I have first given the law of New York, for the reason, not only, that the State is large and influential, but her statutes serve as a model foi: much of the legislation of many of the other states. After New York, I have taken up the states in the order in which they are usually associated in the geographies of the coun- try. To make the work valuable as an authority, I have given a reference to the statutes and cases containing the PREFACE. VU law; and to render the book convenient for practice, accu- rate precedents are added, when it was thought necessary, at the end of each title. My object has been to make the work valuable in all parts of the Union; and though the book is more especially designed for the use of the legal profession, it is also calculated for the use of ministers and church officers, to guide them in the management of the temporalities of the churches under their care. I cannot but persuade myself that the book will be found useful to both of these classes. I have devoted one chapter to a consise exposition of church polity and creeds, because I believed that the tenets and forms of church government of the principal religious denominations of the country, grouped together in conve- nient and compact form, would prove both pleasant and profitable to the several classes for which the work is designed. It is possible, indeed probable, that the work may not be entirely free from inaccuracies and omissions, but I have endeavored to make it as perfect as practicable, from the materials at hand. I trust therefore that any imperfections which may be discovered, will be met with indulgence, since the greatest care has been taken to avoid them. In these days of legislative activity, special difficulties have to be encountered by the professional writer. The law upon the subjects treated in this volume, may be occasionally changed by local legislation, and yet the law upon these subjects is probably more stable than upon any other con- tained in the Eevised, or Compiled Statutes oi the States. Vm , PEEPACE. I commit the work to the candor and patronage of the profession, and ministers and office bearers of the churchefi, in the hope that it will prove a valuable accession to the facilities already in their power, to guide them in the dis- charge of important duties to the public and the church. INDEX TO CASES CITED. -^" Section Allen ads. Busher 393 Allowaystown, Baptist Church of ads. Miller 526 All Saints Church v. Lorett 120 Amesbttry Nail Factory v. "Weed 404 Amsterdam . Presbyterian Church of ads. Voorhees 208, 243, 260, 261 Anderson ». Brock 328 Anonymous 90 Associate Reformed Church v. Theological Seminary 328 Attorney -General v. Shore J . . . 821 Attorney General v. Norwich • 822 Atchinson v. Spencer 825 Austin V. Murray 1046 Bailey v. Power street M. E. Church 825 Baker ads. Gray 444, 445 Banks v. Phelan 102 Bedford adt. Straus 447 Beebe v. Fales 80. 310, 311 Bellport, Parish of ads. looker 281, 284 Benson ads. Wyatt 268 Bethany, Congregational Society of v. Sperry 466, 467 Bethel Church c. Carnach ; 724 Beveridge ads. Shaw 260 Bigelow V. Middletown, Congregational Society of 391. 392 Bigelow ads. Ithaca, First Presbyterian Church of 259 Birdsall ads. Bundy 291 Bisbee v. Fvans 33 Blanc ads. St. Louis, Church of 74 Bogert V. Indianapolis 971, 972 Bolton ads. Den 523 Boothby, First Parish in v. Wylie 319 Bosworth ads. Ingler 416 Bowen v. Irish Presbyterian Congregation, N . T 272 Boylston ads. Fassett 445 Bradley ads. Osgood . ^. 323 Braintree ads. White 440 Brick Church, Matter of 270, 271, 974 Brock ads. Anderson 328 Brown v. Paddock 283 10 TABLE OF CASES OITBD. Section Brown v. Porter 450, 452 Brown ads. Richardson 329 Brunswick v. Dunning 450 Buclie ads. German Keform Cliurcli 231 Bullions ads. Robinson 104, 207, 225, 237, 249, 281 Bundy v Birdsall 291 Burlington ads. Turner 404 Burr V. Sandwich 447 Burrell v. Seneca, Associate Reformed Church of 284 Burrfoot adf. Cheatham, administrator 738 Burroughs ads. Jewett 452 Burwell ads. Harrison 97 Busher v. Allen 393 Butts V. Swartwood 80 c. Cady ads. Gunn 102 Canaan, Second Baptist Society of. Matter of . .' 273 Canajoharie and Palatine Church d. Lieber 244 Cary ads. Jones 315, 326 Cargill ads. Sewall 330, 331 Carnack i>. Bethel Church 724 Chatfield v. Frye 860 Cheatham, administrator v. Burrfoot 738 Cheever v. Pierson ' 450 Cherry ads. Weaver 1087 Chester, Baptist Church and Society of ads. Horton 394 Chittenden ads. Miller . '. 686, 688 Christian Society v. Macumber -. 434 Cincinnati, M. E. Church of v. Wood 559 Cipperly ads. Lawyer '. • 220, 231 Claughton v. McNaughton 737 Clay V. State 959 Clayton v Wardell 96 Clements ads. Ladd 437 Cole ads. Sutton 432, 440 Cornmeyer v. United Lutheran Churches 215, 241 Commonwealth u. Roxbury 7 Commonwealth v. Wellington 1059 Contentrea, Quaker Society of v. Dickinson i 745 Cooper V. Sandy Hill, Presbyterian Church of 261 Cowdry's Case 91 Cox V. Walker 333 Crockett ads. Ross 798 Crowell ads. State 622 Cruikshank ads. Hebron, Presbyterian Congregation in 263 Gushing ads. Wood 435 D. Dale V. Kimball 317 Dalton ads. Parsonsfield 332 Daniel v. Wood "_ 445 Danby Universalist Society ads. Rogers 380 Decow ads Hendrickson 524 Dew V. Bolton , , . , '. 527 TABLE OF OASES OITED. 11 Section DeHuyter. D. St. Peter's Church. 95, 275 Dickinson ads. Contentrea 746 Doremus v. Dutch Reformed Church 527 Dunning ads. Brunswick 450 Dutch Eeformed Church ads. Doremus 527 E. Easton ads. Sheldon. 446, 447, 449 Ebaugh V. German Reformed Church 236, 292 Edwards v. Stonington Cemetery Association 1061, 1064 Emerson v. Wiley 452 English ads. Miller 526 Evans ads. Bisbee 331 F. Fales ads. Beebe , . ; 80, 310, 311 Farrell v. Warren 859 Fassett » Boylston 445 Fawcett ads. Walker 744 Fernald v. Lewis 325, 356 Fisher v. Whitman 433 Fiske ads. Sherburne 441 Foster v. Smith 853, 862 Freligh v. Piatt 259 Frye ads. Chatfield 860 Fuller ads. People '. 861 Fulton ads. People 240 G. Gable ads. Miller 210 Garden Street, Dutch Church in v. Mott 823 Gates ads. Wheaton 216 German Reformed Church ads. Ebaugh 536 German Reformed Church v. Buche 231 Gorton V. Hadsell 445 Granger ads. Perrin. administrator 377 Gray v. Baker 444, 445 Green v. Cady '. 102 Gridley ads. Jackson ■ 30 H Hadsell ads. Gorton 445 Harrison v. Burwell 97 Hartford, Baptist Church in v. Witherell 100, 243 Hayward ads. Howard 438 Hebron, Presbyterian Congregation in v. Cruikshank 263 Hendrickson v. Decow 524 Hickock V. Hopkins 466 Hill ads. Oakes 442, 443 Hopkins ads. Hickock 466 Horton, Chester, Baptist Church of. • 394 Howard ads. Keith 443 12 TABLE OF CASES CITED. Section Howard V. Hayward 438 Howe, Matter of 251 Hunter v. Sandy Hill 977 I. Indianapolis ads. Bogert '. 971, 972 Inglee v. Bosworth 416 Irish Presbyterian Congregation, N. Y.ads. Bowen 272 Ithaca, First Presbyterian Church of v. Bigelow 259 J. Jackson v. Grridley 30 Jackson v. Leggett 121 Jackson v. Bounsrille 444 Jefts V. York ^. 467 Jewett V. Burroughs 452 Jewett V. Thames Bank 473 Johnson ». M. E. Church, Trustees of 687 Jones V. Carey 316, 326 Jones ads. Sudbury 1046 K. Keith V. Howard 443 Keyser v. Stansifer ■ 660 Kimball ads. Dale 317 Kimball v. Eowler » 445 Khiskern v. Lutheran Chilrches 213, 820 L. Ladd V. Clements 437 Lawyer d. Cipperly 220, 231 Leggett ads. Jackson ; 120 Lepage v. McNamara 689 Leiber ads. Canajoharie and Palatine Church 244 Lewis ads. Fernald 325 326 LindenmuUer v. People '. 12 Lord V. Marvin 473 Lord ads. Marlborough 473 Lovett ads. All Saints Church 120 Lowell ads. Wiggiu 436 Lovell V. Towusend .' . . _ 442 Lutheran Churches of St. John, etc. ads. Kniskern 213, 820 M. McGinnis v. Watson 545 McLain v. Mattock , '_ 539 McNabb ti. Pond !.'!!".!!!!!!!!!!.'.!!! 258 McNamara ads. Lepage gg9 McNaughten ads. Claughton , '_ ", 737 Macumber ads. Christian Society. !!".'.',!!!!!'.'.!.'!!!! 434 TABLE OF CASES CITED. 13 Section Madison Avenue Baptist Ghurch v. Oliver Street Baptist Church. . . . 268, 269 Manning v. Moscow Presbyterian Society 274 Marlborough v. Lord.... .. ....<...............■......■, 473 Marvin ads. Lord..*. 478 Mason v. Whitney , 416 Mattock ads. McLain 580 May ads. Parker 466 Murray od«. Austin.,., , 1046 Methodist Episcopal Church, Trustees of ads. Johnson 687 Methodist Episcopal Society ads. Sawyer 381, 382 Methodist Episcopal Union Church v. Pickett 201, 259 Middletown Congregational Society of ads. Bigelow 391, 392 Miller v. AUo-waystown, Baptist Church of 525 Miller ». English , 526 Miller ». Chittenden 686, 688 Miller v. Gable 210 Mills ads. Queen- 92 Moscow Presbyterian Society ads. Manning 274 Mott ads. Shotwell, executor 819 Mott ads. Grarden Street Dutch Church. 823 N. National Literary Association, Matter pf 635 Nelson ads. Smith 374, 883, 884, 888-390 Northwest Protestant Dutch Church ads. Richards 975, 980 Norwich ads. Attoi-ney-General 822 Oakes v. Hill ". 442, 44ai Oliver Street Baptist Church ads. Madison Avenue Baptist Church.. 268, 269 Osgood V. Bradley. 823 Osgood ads. Viele 259 P. Paddock v. Brown 288 Parker v. May i 456 Parsonsfield v. Dalton 882 Peck ads. People 125, 190 People ads. Lindenmuller l2 People V. Ruggles 12 People V. Peck 126, 190 People V. Tuthill ■ 188 People V. Phillips 193 People V. Steele 209, 250 People V. Runfcle 217 People jj. Fuller ; 240, 861 Perrin, administrator «. Granger 377 Petty D. Tooker 23,'217, 280 282 Phelan ads. Banks 102 Phillips ads. People 198 Pickett ads. M. E. Union Church 201, 259 Pearson ads. Cheever 450 Pillsbury ads. Shapleigh 380 Piatt V. Preligh 259 14 TABLE OF CASES CITED. Section Plymouth ads. 'Whitmore 442, 449 Pond ads. McNabb 258 Porter ads. Brown , 480, 452 Power Street M. E. Church ads. Bailey •. 825 Q. Qaeen v. MiUs .< 92 R. Kansom ads. Youngs. 226, 238 Eeformed Dutch Church, Matter of 260 Regina v. Sharp 973 Eehoboth ads. Thompson '. . . . 448, 449 Richards v. Northwest Protestant Dutch Church 975, 980 Richardson v. Brown 329 Richmond County, Overseers of v. Taylor's administrators 735 Ringer ads. State i 914 Robertson v. Bullions 104, 209, 225, 287, 249, 281 Rogers v. Danby Universalist Society ■ 380 Ross V. Crockett 798 Rounsville ads. Jackson 444 Rowley ads. Kimball 445 Roxbury ads. Commonwealth 7 Ruggles ads. People 12 Runkle ads. People 217 s. St. Ann's Church, ifatter of. 268, 269 St. Louis, Church of v Blanc ...'. 74 St. Mary's Church. Case of 535 St. Peter's Church ads. DeRuyter 96, 275 Sandwich ads. Burr 447 Sandy Hill ads. Hunter 977 Sandy Hill, Presbyterian Church of ads Cooper 261 Sawyer v. Methodist Episcopal Society 381, 382 Schenectady, First Baptist Ch. of v. Troy and Sch. R. R. Co 287. 289 Schenectady, First Baptist Ch. of v. Utioa and Sch. R. R. Co 213, 288 Schenectady, Reformed Dutch Church of v. Veeder 102, 290 Seaburu ads. Seaburu's Executor 736 Seaburn's Executor v. Seaburn 736 Seneca, Associate Reformed Church of ads. Burwell 284 Sewall V. Cargill 830, 381 Shapleigh v. Pillsbury 330 Sharp ads. Regina 973 Shaw V. Beveridge 260 Sheldon v. Easton 446 447 449 Sherburne ». Fiske 44I Sherburne ads. Ware ■, . 4ig Shore ads. Attorney-General 821 Shotwell, executor v. Mott 819 Shrewsbury v. Smith 402 Smith ads. Shrewsbury 4O2 Smith V. Nelson 374, 383, 384, 388-890 Smith ads. Foster 863, 862 TABLE OF CASES CITED. 15 Section South Baptist Church v. Yates 243 Sparrow «. "Wood '. 443 Spencer ads. Atchison 855 Sherry ads. Bethany Congregational Society 466, 467 Stausifer ads. Keyser 560 State D. Township 9 361 State V. Ringer 9|L4 State ads. Clary 959 State ads. Winters (note) 1107 State V. Crowell 522 Stearns v. "Woodbury 1046 Steele v. People 209, 250 Stonington Cemetery Association ads. Edwards 1061, 1064 Straus V. Bedford 447 Sudbury v. .Jones 1046 Sutton V. Cole 432, 440 Swartwood ads. Butts i 30 / . T. Taylor's Administrators ads. Eichmond County Overseers of 735 Thames Bank ads. Jewett 478 Theological Seminary ads Associate Reformed Chiiroh 328 Thompson v. Rehbboth 448, 449 Thurston v. Whitney 23 Tobey v. Wareham Bank .' 439 Tooker ads. Petty 217, 280-283 Tooker ads. Bellport, Parish of 281, 284 Townsend v Lowell 442 Township 9 ads. State 361 Troy & Schenectady R. R. Co. ads. First Baptist Ch. of Schenectady, 287, 289 Turner v. Burlington 404 Tuthill ads. People 188 U. United Lutheran Churches ads. Cornmeyer 215, 241 University ads. "White, executor 746 Utica & Schenectady R. R. Co. ads. First Baptist Church of Schenectady, 288 Veeder ads. Reformed Dutch Church of Schenectady 102, 290 Viele V. Osgood .'. 259 "Toorhees v. Presbyterian Church of Amsterdam 208, 243, 260, 261 w. "Walker v. Fawcett 744 "Walker ads. Cox 333 "Warden ads. Clayton 96 Ware ads. Sherburne ■ 416 Warren ads. J?.arrell 859 Watson ads. McGinnis 546 "Weaver v. Cherry r IP^' 16 TABLE OF CASES CITED. Section TVeed ads. Amesbury Nail Factory 404 Wellington ads. Commonwealth 1059 Wheaton v. Gates 216, 270 ■yVhite, executor v. University ' 746 White V. Braintree 440 Whitman ads. Fisher 433 Whitmore v. Plymouth 442, 449 Whitney ads. Mason 416 Whitney ads. Thurston • 23 Wiggiu V. Lowell 436 Wiley ads. Emerson 452 Williams v. Williams , 248 Williams ads. Williams 248 Winters v. State (note) 1107 Winthrop, First Parish of v. Town of Winthrop 329 Winthrop, Town of ads. First Parish of Winthrop 329 Witherell ads. Baptist Church in Hartford 100, 243 Wood ads. Methodist Episcopal Church of Cincinnati 559 Wood V. Cusbing 435 Wood ads. Daniel 445 Wood ads. Sparrow 443 Woodbury o. Stearns 1046 Wyatt V. Benson 268 Wylie ads. First Parish in Boothby 319 Y. Tates ads. South Baptist Church 243 Toungs V. Ransom 226, 238 York ads. Jefts 467 TABLE OF CONTENTS. CHAPTER I. Page Religion and its advantages — America first settled in the interests of Re- ligion—Columbus — Early Explorers and Settlers 17 CHAPTER 11. No established Religion in the United States — Provision of the Federal Constitution — State Constitutions — ^New England States 22 CHAPTER III. Religious Liberty — State Constitutions — The Northern Middle States. . . . 28 CHAPTER IV. fieligious Liberty — State Constitutions — The Western States r.. 83 CHAPTER y. Religious Liberty — State Constitutions — ^he Southern States — Toleration in the States, an issue of Providence 89 CHAPTER VI. Religious Toleration before the Revolution — The Colonial Charters and Laws 46 CHAPTER VII. The English Ecclesiastical Law — Its relation to the Colonies — Its Nature and Origin — ^Ecclesiastical Courts < 49 CHAPTER VIII. Religious Societies — ^What is a Religious Society — What a Religious Cor- poration — What an Ecclesiastical Corporation — History of Religious Corporations — How created 64 CHAPTER IX. Religious Societies in the State of New York — Incorporation of Protestant Episcopal Churches — ^Election of their Officers — Form of Proceeding. . 59 CHAPTER X. Religious Societies in New York — Incorporation of Reformed Protestant Dutch, Reformed Dutch, and Reformed Presbyterian Churches — Form of Proceeding — The Trustees 66 CHAPTER XI. Religious Societies in New York — Incorporation of Free Churches — ^Form of Proceeding-^Corporate Powers — The Trustees — Vacancies, how filled— The Seats and Pews 70 [Tt.J 1 2 • TABLE OF CONTENTS. CHAPTER XII. Page Eellgious Societies in New York— Incorporation of Roman Catholic Churches— Form of Proceeding— The Trustees— Conveyances to the Trustees '° CHAPTER ZIII. Religious Societies in New York— The Society of Friends- Trusts for may he created— The United Society of Shakers— Trusts for may be created, 80 CHAPTER XIV. Religious Societies in New York —Incorporation of other Religious Socie- ties— Form of Proceeding— The Trustees— Qualification of Voters- Electors to be Registered °4 CHAPTER XV. Religious Societies in New York— Society not Dissolved by neglect to ap- point Trustees — Proceeding after such Neglect — Certain Religious Cor- porations Confirmed — Re-incorporation of Dissolved Societies — The Certificate- Name of Society, how changed 91 CHAPTER XVI. Religious Societies in New York— Powers of Church Trustees— How their Number may be Reduced 95 CHAPTER XVII. Religious Societies in New York — The Priest or Minister of the Church — How Employed — Form of Proceeding— How Dismissed 101 CHAPTER XVIII. Religious Societies in New York — Title to Church Property — Power to take and hold, and for what purposes 110 CHAPTER XIX. Religious Societies in New York — Inventory to be exhibited by certain Religious Corporations — Consequences of Neglect 115 CHAPTER XX. Religious Societies in New York — The Pews of a Religious Society — Eights of Pew-holders — Their Interest in the Pews 117 CHAPTER, XXI. Beligious Societies, in New York — Sale of the Heal Estate of a Religious Society — Consent of the Court necessary — How obtained — ^Form of Proceeding — Difierent Rule as to Mortgages 120 CHAPTER XXII. Religious Societies in New York — Change of Church Government — How effected — Trustees conduct the Religious Exercises — The Right to Vote not affected by the Doctrines of the Voter — Title to the ofSce of Trus- tee, how tried 127 CHAPTER XXIII. Religious Societies in New York — Actions by and against Religious Socie- ties — Name to be Prosecuted in — Course of Action — Charter need not be Proved unless desired in Defendant's Answer 130 TABLE OP CONTENTS. 3 CHAPtEE XXIV. Page Religious Societies iii New Xovk — Date of the present System — Support and Organization of Churclies in Colonial Times — Trinity Church, city of New York 133 CHAPTER XSV. Religious Societies in Maine — The Parish of Early Times — The term still used in Maine — Religious Societies, how Incorporated — Powers of Re- ligious Corporations — Offlcers thereof — Parish Meetings — Quakers 140 CHAPTER XXVI. Religious Societies in Maine — Corporations tbr maintaining Meeting- houses — Their Powers — Pew-holders — Meetings — Alteration or Sale of Meeting-houses — Time of occupying Meetiug-houses, how divided — Ministerial Lands 150 CHAPTER XXVn. Religious Societies in New Hampshire — How Incorporated^-Powers of Religious Corporations — Members thereof — Money, how raised — Unin- corporated Religious Societies — Powers of such Societies — OflScers of Religious Societies, Bodies Corporate for certain purposes — Ministers and their Powers — Sale of Church Property — The Quakers — Meeting- houses, their Sale and Proceeds 157 CHAPTER XXVllI. Religious Societies in Vermont — How Incorporated — Powers of the Cor- poration—Its Book of Records — Conveyances and Devises for Religious Purposes — ^Ministry Lands 165 ^ CBAPTER XXIX. Religious Societies in Massachusetts — The old Parish System — Religious Societies, how Incorporated — Who are Members — The Officers of a Re- ligious Society and their Duties — Meetings of the Society — Money, how Raised — Taxes, how Assessed and Collected — Unincorporated Religious Societies— Trust Fund , 176 CHAPTER XXX. Religious Societies in Massachusetts — Other Provisions for their Incorpo- ration — Powers of such Incorporations — Money, how Raised — What Property may be held by such Corporations — The Methodist Episcopal and African Methodist Episcopal Churches — Pews may be Taxed 185 CHAPTER XXXI. Religious Societies in Massachusetts — Meetings — Eights and Liabilities of Religious Societies and Parishes — Memhership — Rights and Liabilities of Membefs — Voting — Meeting-houses and Pews — ^Ministries and Coun- cils — Parsonage Lands 190 CHAPTER XXXII. Religious Societies in Massachusetts-^The Deacons and other similar Church Offlcers Bodies Corporate for certain purposes — Conveyance of Lands by — The Friends or Quakers — Trustees holding Funds for Re- ligious Purposes'— Power of Probate Court over 199 4 TABLE OF CONTENTS. CHAPTER XXXIII. Page Religious Societies in Connecticut — Societies, how Formed — Officers and Trustees — Powers of the Society — Meeting-houses and Pews — Taxes — Expenses of Public Worship Enforced — Suits by and against Religious Societies — Tithingmen to be Elected — The Shakers 202 CHAPTER XXXIV. Religious Societies in New Jersey — Societies, how Incorporated — The Trustees — Their Powers — May Elect a President and his Duties — Re- formed Dutch Churches — German Reformed Churches — Protestant Episcopal Churches — Evangelical Lutheran Churches and Jews 214 CHAPTER XXXV. Religious Societies in New Jersey — Societies may Sell their Lands in cer- tain cases — How effected — Miscellaneous matters relating to such Socie- ties — Church Members , 228 CHAPTER XXXVI. Religious Societies in Pennsylvania — Rights Preserved — Religious Socie- ties, how Incorporated — Charters, how Amended — Powers of a Religious Corporation — Conveyances and Bequests to Trustees of — Property of, not subject to Taxation — Property of a Divided Congrega- tion — Form of Charter for the Society 22! CHAPTER XXXVII. Religious Societies in Ohio — Mode of Incorporation — Trustees — Their Powers — Title to Property — May Dispose of Trust Estate — Majority of Society Control its Officers 28f CHAPTER XXXVIII. Religious Societies in Indiana — How Incorporated —Election of Trustees and their Powers — Cer:ificate of Election to be Recorded — Name of Society, how Changed — Churches may be Consolidated — Manner of Proceeding ^ 34J CHAPTER XXXIX. Religious Societies in Michigan — How Organized — The Trustees Their Rights and Powers— Property of, how Vested and how Sold — Devises to a Religious Society— Old Religious Corporations Confirmed — Form of Certificate of Incorporation — Form of Petition and Order for Sale of Real Estate Of Society 251 ' CHAPTER XL. Religious Societies in Michigan— Organization of Protestant Episcopal Churches — Form of Proceeding — Appointing of Trustees in certain cases— Meeting of, and their Powers— Property of, how Held— Certain other Societies, how Incorporated — Their Rights and Powers 262 CHAPTER XLI. Religious Societies in Illinois— How Incorporated— Election, Duty and Power of Trustees- Powers of the Society— Camp-grounds— Religious Uses— Catholic Church— Episcopal Church— Church Property Exempt from Taxation 265 TABLE OF CONTENTS. 5 CHAPTER XLII. ' Page Religious Societies in "Wisconsin — How Organized — Trustees and tlieir Powers-^Eloctions, and Qualifications of Voters — ^Vacancies in the Office of Trustee, how Filled 271 CHAPTER 2LIII. Religious Societies in "Wisconsin — Another mode of Incorporation — Pow- ers of the Incorporators — How the Real Estate of a Religious Society may be Sold or Mortgaged — Property of such Religious Society not Taxable 278 CHAPTER XLiy. Religious Societies in Minnesota — Incorporation of — ^Form of Proceed- ing — The Trustees and other Officers — Qualiflcatiftn of Voters 281 CHAPTER XLV. Religious Societies in Minnesota — Incorporation of Protestant Episcopal, and, of certain other Churches — Certain Religious Corporations Con- firmed — Powers of Religious Corporations 286 CHAPTER XL VI.' Religious Societies in Iowa — How Incorporated — ^Form of Proceeding — The Trustees — Power of the Corporation — Devises and Bequests to. . . . 291 CHAPTER XL VII. Religious Societies in Kausap — How Incorporated — Mode of Proceeding — Board of Trustees — Their Powers — Vacancies, how. Filled — Corporate Name, how Changed 296 CHAPTER XL VIII. Religious Societies in Delaware — Mode of Incorporation — The Trustees — Corporate Powers — Protestant Episcopal Church — Mortmain Restric- tions — Limitation of Property 300 CHAPTER XLIX. Religious Societies in Maryland — How Formed — The Trustees — Power of Corporations — Qualification of Voters in — Corporate Agreement to be Recorded — ^Episcopal Churches, how Incorporated 308 CHAPTER L. Churches in Virginia — No Religious Corporations — ^Property of Church, how Acquired — Trustees of Church Lands — Sale of Church Property — Glebe Lands 308 CHAPTER LI. Religious Societies in North Carolina — Property of Trustees, how Ap- pointed — Their Duties — Limitation of Property held by 312 CHAPTER LII. Religions Societies in Georgia — How Incorporated — Their Powers — Names, how Changed — Conveyances to — Trustees — Vacancies, how Filled— Form of Petition and Order 315 6 TABLE OF CONTENTS. CHAPTER LIIl. Page Religious Societies . in Florida — How Incorporated — The Trustees and their Powers — The Property of Religious Societies 318 CHAPTER LIV. Religious Societies in Alabama— How Incorporated— Powers of such Cor- porations — Suits against, how Commenced 321 CHAPTER LY. Religious Societies in Kentucky— How Incorpor?,ted— Property held by- Powers of the Corporation — Chur-ch Property Exempt from Taxation. . 323 CHAPTER LVI. Religious Societies in Tennessee — How Incorporated — Voters and Offi- cers — Powers — Service of Process on Religious Corporation — Property, how held 325 CHAPTER LVn. Religions Societies in Mississippi — How Incorporated — Right to Property — Powers of the Corporation — Marriages between Members of Religious Societies 328 CHAPTER LVIII. Religious Societies in Lousiania — How Incorporated — Charter, how Amended — Powers of such Corporations — Restrictions upon — Liable to be Sued— Qualification of Trustees 333 CHAPTER LIX. Religious Societies in Arkansas — ^No religious Corporations — Societies reorganized — Trustees have Powers 337 CHAPTER LX. Religious Societies in Texas — How Incorporated — Mode of Proceeding — Trustees— Lands of, exempt from Taxation — Title to certain Property confirmed 338 CHAPTER LXI. Religious Societies in California — How Incorporated — The Trustees or Directors and their Powers — Corporate Property to be Sold or Mort- gaged — Corporate Estate limited-=-Trustees to render annual account for Trust Property — The Bishop, Chief Priest, etc., to be sole Corpora- tion in certain cases — Proof of Appointment 340 CHAPTER LXII. Religious Societies in Rhode Island, "West Virginia, South Carolina, Missouri and Nevada — No general act for incorporating Religious Socie- ties in these States — In some of them Religious Corporations prohi- bited — In all of them Religious Societies recognized and protected — The Common Law of Trusts applicable — Pew-holders — ^Rhode Island — ' Religious Societies in Oregon 344 CHAPTER LXIII. Churches in the United States — ^What is a Church — "What a Parish — Arti- cles of Faith of the various Churches — Different forms of Church Government , 360 TABLE OF CONTENTS. 7 ' . • CHAPTER LXIV Page Disturbing Religious Meetings-^Laws and Penalties — Ifew York — How enforced— Form of Proceeding. 366 CHAPTER LXY. Disturbing Religious Meetings in Maine and New Hampshire — Laws and Penalties^-How enforced—'Mode of Proceeding a,gaijist Offenders 876 CHAPTER LXVI. Disturbing Religious Meetings in Vermont, Massabhusetts, Rhode Island and Cooneoticut— 'Laws and Penalties — ^How enforced 880 CHAPTER LXVII. Disturbing Religious Meetings in New Jersey, Pennsylvania and Ohio — Laws and Penalties— How enforced 884 CHAPTER LXVIII. Disturbing Religious Meetings in Indiana, Michigan, Illinois, Wisconsin, Minnesota, Iowa and Kansas — Laws and Penalties — How enforced.... 398 CHAPTER LXIX. Disturbing Religious Meetings in Delaware, Maryland, Virginia, North Carolina and South Carolina — Laws and Penalties — How enforced 403 CHAPTER LXX. Disturbing Religious Meetings In Florida Georgia, Alabama, Mississippi, Tennessee, Kentucky, Missouri, Louisiana, Arkansas, Texas, California and Oregon — Laws and Penalties — How enforced 408 CHAPTER LXXI. Burial Places — Title to the Grounds — The ashes of the Dead — ^Lands may be dedicated for Burial purposes 418 CHAPTER LXXII. Burial grounds In New York — Grounds, how held — ^Religious Societies may hold such grounds, but cannot Mortgage in certain cases — Human remains not to be removed where compensation ip received — Rural Cemeteries — Associations, how Organized — Form of Proceedings — Power of the Corporation — Management of its Affairs— Office'rs of the AssociatlfiU-^Surveys and Map — Proceeds of Sale, how applied 428 CHAPTER LXXIII. Burial grounds in New York — Election of Trustees of Cemetery Associa- tions — Trustees to report to Lot. Proprietor — Tenure of their Office — Sale of Lots — Lots, how held — Indebtedness of the Association may be funded — Certificates of Indebtedness — Holders may vote 432 CHAPTER LXXIV. Burial-grounds in Now YorK — Village Cemeteries — Proceedings to pro- cure Land for — Tax to pay for Land — Trustees to regulate Grounds by Ordinancesi— Interment of Strangers — Record of Interments — Tax to improve Grounds — Private and Family Cemeteries — Corporation, how Formed — The Certificate of Incorporation — Cemetery must be In- closed — Penalties for injuring Fences and Stones — Property not liable to Execution 438 8 TABLE OF CONTENTS. . CHAPTER LXXV. Page Burial-grounds in New York— Protection of Birds in Cemeteries— Penal- ties incurred — Same applicable to locality near Greenwood— Disturbing Graves a Criminal Offense "4 CHAPTER LXXVI. Burial-grounds in Maine, New Hampshire and Vermont— Laws relating thereto . 44g CHAPTER LXXVII. Burial-grounds in Massachusetts — How controlled — Cemetery Associa- tions — How organized — Their Powers and Duties — Penalties — Burial- grounds in Rhode Island — Laws relating to — Burial-grounds in Con- necticut — Laws and Penalties ^54 CHAPTER LXXVIII. Burial-grounds in New Jersey — Cemetery Associations organized as in New York — Laws relating to the same, similar— Buryiug-gromids in Pennsylvania — Laws and Penalties 465 CHAPTER LXXIX. Burial-grounds in Ohio — Cemetery Associations, how formed — Their Powers — Laws concerning — Powers of Townships in relation thereto.. . 469 CHAPTER LXXS. Burial-grounds in Michigan — How Incorporated — Corporate Powers — Officers, Elections and Meetings — Certiflcates of Rights of Burial — I Cemeteries in Villages — Township Burial-grounds — Board of Health may purchase land for 476 CHAPTER LXXXI. Burial-grounds in Indiana — Individuals may unite to hold — Cemetery Associations, how Incorporated — Their Powers — Removing Dead Bodies without consent — Desecrating Cemetery — Burial-grounds in Illi- nois — Cemetery Associations, how Incorporated — Their Powers and OfiBcers — Lands inay be dedicated for Cemetery 483 CHAPTER LXXXII. Burial-grounds in Wisconsin — Cemetery Associations, how Incorporated, and Lands relating thereto — Same in Minnesota, Iowa, Kansas, Ne- vada and California — Desecrating Burial-grounds in Oregon 488 CHAPTER LXXXIII. Burial-grounds in Maryland — Corporations, how formed — Their Powers — Managers and- their Election — Penalties for Trespass to — Burial-grounds in Virginia — Same in North Carolina, Georgia, Alabama, Mississippi, Tennessee, Kentucky, Missouri, Louisiana, Arkansas and Texas 497' CHAPTER LXXXIV. Burial-grounds in Delaware, West Virginia, South Carolina and Florida — The Commbfl I^aw upon the subject in force in these States--Conclusion . 607 THE LAW Of EELIGIOUS SOGIETIES. CHAPTEE I. EEIJGION AND ITS ADVANTAGES ^AMBEIOA FIRST SETTLED IN THE INTERESTS OP RELIGION COLUMBUS ^EAELY EXPLORERS AND SETTLERS. § 1. Eeligion, an defined by Dr. Doddridge, "consists in the resolution of the will for God, and in a constant care to avoid whatever we are persuaded ihe would, disapprove; to despatch the work he has assigned us in life, and to pro- mote his glory in the happiness of mankind.'' According to Dr. Worcester, it is "an acknowledgment of our obliga- tion to God as our Creator, with a feeling of reverence and love, and consequent duty or obedience to Him." The foundation of all religion rests in the belief of the exist- ence of God, and, in a practical sense, it enjoins duty to God and to His creatures. § 2. Eeligion iis a principle implanted in the very na,tUre of a reasonable being, and the religious sentiment is com- mon to all ages and all races of men. No people were ever yet reported who had not some notions of religion, and who did not recognize the obligations of reverence to a Supreme or Superior Being. Though heathens bow down to stocks: and stones, and to, things of; their own makiiig, they are governed, nevertheless, by the religious principle, [Tt.] 2 18 THE LAW OF EBLIGIOTJS SOCIETIES. and are moved by the same sentiments that prompt the worship of the true God. § 3. The advantages of religion in civil society are obvious to the candid and intelligtot observer. Peace and order would not b.e guaranteed by the principles of human legis- lation, unprotected by its salutary influence; and human laws would prove insufficient to regulate the conduct of men, if their actions were entirely independent of this uni- versal sentiment. The atheist, even, will admit the import- ance of the religious principle to the peace and security of men. § 4.- The continent of America was discovered under the impulse of a religious idea. When Columbus applied to the crowned heads of Europe for means to enable him to discover the new world, he was rejected as a mad visionary, until he made his humble address to the Queen of Spain. She listened to his petition, and then reasoned that if there were a continent in the West, as Columbus supposed, it must be inhabited; and if inhabited, the people must be eternally lost, without a knowledge of Christ; and so she resolved to give the desired aid. By this -means the great navigator was enabled to prosecute his scheme, and the country was discovered. § 5. It may also be asserted that this continent has been dedicated to the uses of religion. When discovered, Colum- bus caused a high cross to be erected on every head-land in the localities he visited, and proclaimed to the nations his faith and belief in the "Holy Mother Church," which had its members in all the world, and spoke to them of the courtesy and nobleness of all Christians, and of the faith they have in the Holy Trinity. {Select Letters of Columbus.) AMERICA DEDICATED TO EELIGION. 19 ^ 6. It appears that the Admirals of the Church of Eng- land were also elaborate in their rites and ceremonies in the countries which they discovered at the north. "After a storm in Hudson's Bay, when each had ripped up their sundry fortunes and perils past, they highly praised God; and altogether, upon their knees, gave due, humble, and hearty thanjks. After this, they listened to a godly sermon by Master Wolfall. He, on another occasion, administered the communion after a godly sermon, which celebration of the divine mystery was the first sign, seal and confirmation of Christ's -name, death and passion ever known in these quarters." (3 Hakluyt 166, per Probisher in 1578.) ^ 7. The colonists of Plymouth and Massachusetts Bay also dedicated their land to the uses of religion, by pro- viding at once for the support of the Gospel ministry. In 1679 an ordinance was passed by the General Court, requiring the council or county courts to appoint an "able and discreet committee, at the charge of the people, intend- ing to plant, to view and consider the place; to direct in what form, way and manner such town should be settled; having principal respect to nearness and conveniency of habitation, security against enemies, more comfort for Chris- tian communion, enjoyment of God's worship, and civility with other good ends." (1 Mass. Records, 214.) And John White, the minister, accompanying the Massachusetts colo- nists of 1628, was regarded the most important personage of the expedition, and is called in Fuller's Worthies, "the father of the Massachusetts Colony;" and in the list of sup- plies made out in England for this expedition, the religitjus instruction of the Colony is first provided for. (1 Mass. Records 383, cSc, referred to in notes to the case of Common- wealth V. City of Roxbury, 9 Cfray^s Reports, 504.) It is quite obvious that the Puritans and Pilgrims came to New England, for the purpose of founding a "plantation reli 20 THE LAW OF EELIGIOUS SOOTETIES. gious," i.rhorc^ thoy might worship God in a manner more simple bliau was observed in the established Church of England. ^ 8. The Colony of New Haven was established with a prominent view to the interests and ordinances and enjoy- ments of religion. The leaders were all Puritans of much distinction in England, and came out with all that enthu- siasm and religious fervor which was common to that pious and self-sacrificing people. The minister of Christ was ever conspicuous throughout the entire settlements, and the worship of God was uppermost in all the arrangements of the Colonists. § 9. There was the same earnest reference to the religious element in the settlement of Maryland. When the expedi- tion which planted the Colony arrived at the Potomac, in 1634, and came to an anchor, a cross was erected and pos- session taken "in the name of the Saviour of the world, and of the King of England." Eeligious freedom flourished in the Colony, under Lord Baltimore, for many years, and the Cross of Christ was respected far above everything else. § 10. Among the first 'permanent arrangements of the first Colony in Virginia was the establishment of religion by law, according to the foi-m of the English Church. This was an unfortunate feature in the government of the Colo- nists, but it is evidence of their persistent adherence to the cause of religion. The early settlements in this district were made, in a good degree, under the auspices of Mr. Kichard Hakluji;, prebendary of Westminster, who was the most active and efficient promoter of English settlements in the new world; and it was always a point with him to place in the foreground the interests of the Cross. The patent of 1606, under which the Colony of Virginia was AMBRICA DEDICATED TO EEUGJON, 21 established, was granted with the hope of inducing the natives to receive Christianity, as well as to encourage and foster religion in the country. (1 Bancroft's History of the U. 8. 123.) % 11. The nomadic march of the Spanish adventurers in the South was accompanied by priests and other ecclesias- tics, and every practicable religious rite was observed. Louisiana was settled and appropriated by the French in the interests of the Roman religion. LaSalle, the explorer bf the. west and southwest, belonged to the order of the Jesuits, and possessed a sublime magnanimity that always resigned itself to the will of Heaven, in all his deprivations and trials and persecutions, and he left his impress upon the country which he traversed. Hennepin, the discoverer of the Upper Mississippi, and some of its tributaries, was a Franciscan Missionary of the Recollect type, and always styled himself "Recollect Mis- sionary and Apostolic Notary." He named one of the rivers of the now State of Minnesota, St. Francis, in honor of the founder of his order, and every where he went he gave unmistakable evidence that the one great idea of his life was the inculcation and promulgation of the Christian religion. It may, therefore, with propriety, be asserted that this continent has been virtually dedicated to the uses of religion, and consequently religion and its observance occupy a prominent place in our customs and laws. Certain it is that the early settlers came here with the leading pur- pose to build up a State which should be based upon the principles of Divine Revelation. 22 THE LAW OF EELIGl6uS SOCIETIES, CHAPTEE n. NO ESTABLISHED RELIGION IN THE UNITED STATES PEOVISION or THE FEDEEAL CONSTITUTION — STATE CONSTITUTIONS- NEW ENGLAND STATES. § 12. In the United States there is no established religion. Every person is left free to worship God according to the dictates of his own conscience, and to exercise and enjoy religious profession and service without discrimination or preference. Religion is neither prevented nor paid by the State, but is sustained by the regard for public morals, and the convictions of an enlightened faith; and the Christian religion is the recognized religion of the country, and is a part of the common law of many of the States. {Linden- muller v. The People, 21 Howard's Practice Reports, 156; The People v. Buggies, 8 Johnson's Reports, 291.) ^ 13. By the fundamental law of the land it is provided that "no religious test shall ever be required as a qualifica- tion to any civil office or public triist under the United States," and that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exer- cise thereof." (^Federal Constitution, Article 6, Section 3, and Article 1, of the Amendments of 1789.) § 14. Notwithstanding the foregoing provisions of the Federal Constitution, ia several of the States certain religious opinions are requisite to receiving the oath of a witness in courts; and in none of the States is the liberty of conscience guaranteed to be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of the community. The idea simply is RELIGIOUS TOLERATION. 23 that any attempt to regulate religion by law is inconsistent with the genius of a free government; and this sentiment is fully satisfied by free and universal toleration. ^ 15. In the State of Maine it is declared that "all men have a natural and unalienable right to worship Almighty God according to the dictates of their own consciences;" and it is provided that "no one shall be hurt, molested or restrained in his person, liberty or estate for worshipping God in the manner and seasons agreeable to the dictates of his own conscience, nor for his religious professions or sen- timents," upon condition, however, that "he does not dis- turb the public- peace nor obstruct others in their religious worship," {State Constitution, Art. I, Sec. 3.) § 16. It is further declared by the fundamental law of Maine that "all persons, demeaning themselves . peaceably as good members of the State shall be equally under the protection of the laws," and that "no subordination nor preference of any one sect or denomination to another shall ever be established by law, nor shall any religious test be required as a qualification for any office or trust " under the State; and further, that "all religious societies" in the State " shall at all times have the exclusive right of electing their public teachers, and contracting with them for their support and maintenance." {lb.) § 17. In New Hampshire it is asserted that "every indi- vidual has a natural and unalienable right to worship God according to the dictates of his own conscience and reason;" and it is declared that "no subject shall be hurt, molested or restrained in his person, liberty or estate, for worship- ing God in the manner and season most agreeable to the dictates of his own conscience, or for his religious profes- sion, sentiments or persuasion; provided he doth not disturb 24 THE LAW OF RELIGIOUS SOCIETIES. the public peace, or disturb others in their religious wor- ship." (State Const., Part 1, Art. V.) § 18. Again, it is premised and declared that, "as moral- ity arid piety, rightly grounded on evangelical principles, will give the best and greatest security to government, and will lay in the hearts of men the strongest obligations to due subjection; and as the knowledge of these is most likely to be propagated through a society by the institution of the pubUc worship of the Deity, and of public instruc- tion in morality and religion; therefore, to promote those important purposes, the people of the State have a right to empower, and do hereby fully empower the legislature to authorize from time to time the Several towns, parishes, bodies corporate or religious societies within this State to make adequate provision, at their own expense, for the sup- port and maintenance of public protestant teachers of piety, religioii and morality." {lb., Art. VI.) § 19. It is fiirther "provided, notwithstanding, that the several towns, parishes, bodies corporate or religious socie- ties shall, at all times, have the exclusive right of electing their own public teachers, and of contracting with them for their support and maintenance;" and further, that "no person of any one particular religious sect or denomination shall be compelled to pay towards the support of the teacher or teachers of another persuasion, sect or denomi- nation;" and still further, that "every denomination of Christians demeaning themselves quietly, and as good sub- jects of the State, shall be equally under the protection of the law; and no subordination of any one sect or denomi- nation to another shall ever be established by law." {lb.) § 20. In the State of Vermont it is declared "that all men have a natural and inalienable right to worship RKMGIOUS TOLERATION. 25 Almigllty God according to the dictates of their own con- sciences and understandings, as in their opinion shall be regulated by the word of God; and that no man ought to, or of right can, be compelled to attend any religious wor- ship, or erect or .support any place of worship, or maintain any minister contrary to the dictates of his conscience; nor can any man be justly deprived or abridged of any civil right as a citizen, on account of his religious worship; and that no authority can or ought to be vested in or assumed by any power whatever, that shall in any case interfere with, or in any manner control, the rights of conscience in the free exercise of religious worship." {^State Constitu- tion, Chap. 1, Art. 3.) § 21. It is nevertheless positively assertfed that "every sect or denomination of Christians ought to observe the Sabbath, or Lord's Day, and keep up some sort of religious worship, which to them shall seem most agreeable to the revealed will of God." This language would strictly apply only to the members of the Christian church, b^t it is presumed that the framers of the Constitution designed that the admonition should apply to all the people of the State. (lb.) § 22. By the fundamental law of the State of Massachu- setts, it is declared to be " the right as well as the duty of all men in society, publicly and' at stated seasons to worship the Supreme Being, the Great Creator and Preserver of the Universe," and it is asserted that "no subject shall be hurt, molested or restrained in his person, liberty or estate, for worshiping God in the manner and seasons most agreeable to the dictates of his own conscience, or for his religious profession or sentiment," with the proviso, however, that "he doth not disturb the public peace, or obstruct others 26 THE I/AW OF EELIGI0U8 SOCIETIES. in their religious worship." {8tate Constitution, Part 2, Art. II.) \ 23. It has been held by the Supreme Judicial Court of Massachusetts that the rejection of a witness as incompe- tent, by reason of his want of religious belief, is not a vio- lation of the second article of the bill of rights. The court, in their opinion, remarked that all the authorities agree that an atheist, who disbelieves in the existence of a God, who is "the rewarder of truth and avenger of falsehood," can not be permitted to testify. Mr. Justice Wilde said, "in the opinion of the court this article had no reference to atheists, and to their competency as witnesses. It was intended to prevent persecution by punishing any one for his religious opinions, however erroneous they might be. But an atheist is without any religion, true ot false. The disbelieving in the existence of any God is not a religious, but an anti-religious, sentiment." (Thurston v. Whitney, 2 Oush. 104.) § 24. But this question as to tl^ religious belief necessary to render a witness competent, so much discussed heretofore by the Massachusetts courts, is now set at rest by the gene- ral statutes of 1860, by which " every person, not a believer in any religion, is required to testify truly, under the pains and penalties of perjury; and the evidence of such person's disbelieving in the existence -of God maybe received to affect his credibility." {Gen. Stat., Chap. 131, Sec. 12.) § 25. By the Constitution of Ehode Island it is premised that "Almighty God hath created the mind free," and that " all attempts to influence it by temporal punishments or burthens, or by civil incapacities, tend to beget habits of hypocrisy and meanness;" and further, that "a principal object of our venerated ancestors, in their migration to this KBLIGIOUS TOLERATION. 27 country and their settlement of this State, was, as they expressed it, to hold forth a lively experiment that a flourishing state may stand and be best maintained with full liberty in religious concernments." {State Constitvtionr Art. I, Sec. 3.) § 26. Upon the premises laid down, the Constitution declares "that no man shall be compelled to frequent or to support any religious worship, place or ministry whatever, except in fulfillment of his own voluntary contract; nor enforced, restrained, molested or burthened in his body or goods, nor disqualified from holding any office, nor other- wise sufier on account of his religious belief; and that every man shall be free to worship God according to the dictates of his own conscience, and to profess and by agreement to maintain his opinion in matters of religion; and that the same shall in no wise diminish, enlarge or afiect his civil capacity." {lb.) ^ 27. In the State of Connecticut the Constitutional pro vision upon the subject is brief and to the point, which is that "the exercise and enjoyment of religious profession and worship shall forever be free to all persons" in the State, "provided that the right" by the Constitution "declared and established shall not be so construed as to excuse acts of licentiousness, or to justify practices incon- sistent with the peace and safety of the State." {State Con- stitution, Art. /, Sec. 3.) ^28. It will be observed that there is a similarity in the language of several of the Constitutions of the New Eng- land Stages upon the subject of religious freedom, but in a majority of them the great fact is recognized that the public worship of God, and instruction in morality and religion, are calculated to give the best and greatest security to gov- 28 THE LAW OF EEWGIOTJS SOGEETIES. ernment; and in one of the Constitutions a preference is given for " the support and maintenance of public protestant teachers of piety, religion and morality," while in none of them is it made the duty of the commonwealth to enforce such worship or instruction. CHAPTEE m. RELIGIOUS LIBEETT — STATE CONSTITUTIONS THE NOETHEEN MIDDLE STATES. § 29. In the State of New York it is declared by the fun- damental law that "the free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed," in the State, "to all mankind;" and that " no person shall be rendered incom- petent to be a witness on account of his opinions on matters of religious belief." This declaration, however, is made with the express reservation that the liberty of conscience thereby secured "shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety" of the State." {State Constitution, Article I, Section 3,) § 30. Previous to the Constitution of 1846, no person was competent to testify as a witness unless he believed in the existence of a God, who would punish him if he swore falsely; and the general tenor of judicial decision was that the witness should believe in a state of rewards and punish- ments in the world to come, though it was sometimes held at the circuits and in the courts of common pleas that if he believed he would be punished by his God, even in this EELIGIOUS TOLEBATIOlSr. 29 world, if he perjured himself, there was a binding tie upon his conscience, and that he could be sworn. {Jackson^. Grridley, 18 Johnson, 98; BvMs v. Swartwood, 2 Oow. 431, and note (a). § 31. By the fundamental law of New Jersey it is enjoined that " no person shall be deprived of the inestimable privi- lege of worshiping Almighty God in a manner agreeably to the dictates of his own conscience; nor under any pretence whatever be compelled to attend any place of worship con- trary to his faith and judgment." It is further enjoined that " no person shall be obliged to pay tithes, taxes, or other rates, for building or repairing any church or churches, place or places of worship, or for the maintenance of any minis- ter or ministers, contrary to what he believes to be right, or has deliberately and voluntarily engaged to perform." {State Constitiitton, Art. I, Sec 3.) § 32. The Constitution also provides that "there shall be no establishment of any one religious sect in preference to another." And further, that "no religious test shall be required as a qualiiication for any civil office or public trust;" and that " no person shall be denied the enjoyment of any civil rights, merely on account of his religious principles." (lb., Sec. 4.) § 33. The Constitution of Pennsylvania declares that "all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own con- sciences." It is further asserted that "no man can of right he compelled to attend, erect or support any place of wor- ship, or to maintain any ministry against his consent," and still further that "no human authority can in any case what- ever control or interfere with the rights of conscience." It is then declared that " no preference shall ever be given, by 30 THE LAW OF EELIGIOUS SOCIETIES. law, to any religious establishments or modes of worship." {State Constitution, Art. IX, Sec. 3.) § 34. It is also provided by the Constitution that "no person who acknowledges the being of a God,, and a future state of rewards and punishments, shall, on account of his religious sentiments, be disqualified to hold any office or place of trust or profit " under the commonwealth. {lb., Sec. 4.) ^ 35. In the preamble of the Constitution of the State of Delaware it is laid down that "through divine goodness all men have by nature the right of worshiping and serving their Creator according to the dictates of their consciences;" and then, in the article which follows, the doctrine is clearly inculcated that "it is the duty of all men frequently to assemble together for the public worship of the Author of the universe," and that " purity and morality, on which the prosperity of communities depends, are thereby promoted." {State Constitution, Art. I, Sec. 1.) § 36. After laying down these plain propositions, it is declared that " no man shall or ought to be compelled to attend any religious worship, to contribute to the erection or support of any place of worship, or to the maintenance of any ministry, against his own free will and consent;" and that "no power shall or ought to be vested in or assumed by any magistrate, that shall in any case interfere with, or in any manner control the rights of conscience, in the free exercise of religious worship, nor a preference given by law to any religious societies, denominations or modes of wor- ship." {lb.) § 37. It is further declared by the Constitution that " no religious test shall be required as a qualification to any office, RELIGIOUS TOLERATION. 31 1 or public trust," under the State. {State Gonstitution, Art. I, Sec. 2.) § 38. The fundamental law of Maryland 'declares "that it is the duty of every inan to worship God in such manner as he thinks most acceptable to him," and that " all persons are equally entitled to protection in their religious liberty; wherefore no person ought, by any law, to be molested in his person or estate on account of his religious persuasion or profession, or for his religious practice, unless under color of religion, any man shall disturb the good order, peace or safety of the State, or shall infringe the laws of morality, or injure others in their natural, civil or religious rights; nor ought any person to be compelled to frequenter maintain, or contribute, unless on contract, to maintain any place of worship, or any ministry." {State Constitution, Art. XXXVI.) § 39. It is further declared that no person shall be " deemed incompetent as a witness or juror who believes in the existence of God, and that, under his dispensation, such person will be held morally accountable for his acts, and be rewarded or punished therefor, either in this world or in the world to come." ,(/i.) § 40. By the Constitution of the State of West Virginia, it is expressly enjoined that "no man shall be compelled to frequent or support any religious worship, place or ministry whatever; nor shall any man be enforced, restrained, mo- lested or burthened in his body or goods, or otherwise suffer on account of his religious opinions or belief; but all men shall be free to profess, and by argument to maintain, their opinions in matters of religion, and the same shall in no wise affect, diminish or enlarge their civil capacities." {State Constitution, Art. XI; Bill of Rights, Sec. 9.) 32 THE LAW OF BELICHOUS SOCIETIES. §41. It is also provided that "the legislature shall not prescribe any religious test whatever, or confer any peculiar privileges or advantages on any sect or denomination, or pass any law reqmiring or authorizing any religious, society, or the people of any district" within the State "to levy oxx themselves or others any tax for the erection or repair of any house of public worship, or for the support fof amy church or miaietry, but it shall be left free to every person to select his relij^us instructor, and to make for his support such private confa'aot as he shall please." {If>.) § 42. In the State of Ohio it is asserted that "all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own conscience;" wthereupon it is declared that "no person shall be compelled to attend, erect or support any place of worship, or main- tain any form of worship against his consent;" and that "no preference shall be given by law to any religious society; nor shall any interference with the rights of conscience be permitted." (State Constitution, Art. I, Sec. 7.) §43. The Constitution also declares that "no religious test shall be required as a qualification for office;" and that no person shall "be incompetent to be a witness on account of his religious beUef " It is provided, however, that nothing in the Constitution contained " shall be construed to dispense with oaths and affirmations." (lb.) ^U. In view of the fact that "religious morality and knowledge" are "essential to good government," it is declared to be "the duty of the General Assembly to pass smtable laws to protect every reUgious denomination in the peaceable enjoyment of its own mode of public worship, and to encourage schools and means of instruction." (lb.) BELIGIOUS TOIiBBATION. 33 § 45. By th.e Constitution of the State of Michigan, the legislature is prohibited from passing any law to " prevent any person from worshiping Almighty God according to the dictates of his own conscience, or to compel any person to attend, erect or support any place of religious worship, or to pay tithes, taxes or other rates for the support of any minister of the gospel or teacher of religion." {8tate Con- stitution, Art. IV, Sec. 39.) § 46. The Constitution requires all executive, legislative and judicial officers to take an oath or affirmation to support the Constitution of the United States, and the Constitution of the State, and to faithfully discharge the duties of the office, and then asserts that "no other oath, declaration or test shall be required as a qualification for any office or pubUc trust" {lb., Art. XVIII, Sec. 1.) CHAPTER IV. RELIGIOUS LIBEETr — STATE OON8TITOTION8 — THE WESTEBN STATES. § 47. In the State of Indiana it is solemnly declared that " all men shall be secured in their natural right to worship Almighty God according to the dictates of their own con- sciences," and that " no law shall, in any case whatever, con- trol the free exercise and enjoyment of religious opinions, or interfere with the rights of conscience." (State Const., Art. I, Sees. 2 and 3.) §48. It IS also declared that "no preference shall be given by law to any creed, religious society or mode of [Tt.] 3 34 XHE LAW OF KBLIGIOUS SOCTETIES. worship," and that " no man shall be compelled to attend, erect or support any place of worship, or to maintain any ministry against Ms consent;" and farther, that "no religious test shall be required as a qualification for any office of trust or profit," and also that " no money shall be drawn from the treasury for the benefit of any religious or theological insti- tution;" and that " no person shall be rendered incompetent as a witness in. consequence of his opinions on matters of religion." {lb., Sees. 4, 5 and 6.) § 49. In Illinois, as in many others of the State Constitu- tions, it is asserted that " all men have a natural and inde- feasible right to worship Almighty God according to the dictates of their own consciences; that no man can of right be compelled to attend, erect or support any place of wor- ship, or to maintain any ministry against his consent; that no human authority can in any case whatever control or interfere with the rights of conscience; and that no prefer- ence shall ever be given by law to any religious establish- ments or modes of worship," and then it is provided that " no religious test shall be required as a qualification to any office or public trust." {State Constitution, Art. VIII, 8ecs. 3 and 4.) ^ 50. In Wisconsin it is declared that the " right of every man to worship Almighty God according to the dictates of his own conscience shall never be infringed, nor shall any man be compelled to attend, erect or support any place of worship, or to maintain any ministry against his consent;" and that no " control or interference with the rights of. con- science" shall be permitted, or " any preference be given by law to any religious establishments or mode of worship," and it is forbidden that any money be drawn from the trea- sury for the "benefit of religious societies or religious or EBLIGIOUS TOLERATION. 35 theological seminaries." {State Constitution, Article I. Sec. 18.) § 51. The Constitution also forbids any religious test as a qualification for any office or public trust under the State, and declares that " no person shall be rendered incompetent to give evidence in any court of law or equity in conse- quence of his opinions on the subject of religion," (lb., Sec. 19.) \ 52. By the fundamental law of Minnesota, after express- ing gratitude to God for civil and religious liberty, it is declared that "the right of man to worship God according to the dictates of his own conscience shall never be infringed, nor shall any man be compelled to attend, erect or support any places of worship, or to maintain any religious or eccle- siastical ministry against his consent; nor shall any control of, or interference with, the rights of conscience be permit- ted, or any preference be given by law to any religious establishment or mode of worship." It is provided, how- ever, that the "liberty of conscience by the bill of rights secured," shall not be so construed as to excuse acts of licentiousness or justify practices inconsistent with the peace or safety of the State;" and further, that no money shall be drawn from the treasury "for the benefit of any religious societies, or religious or theological seminaries." {State Const., Art. I, Sec. 16.) § 53, It is further declared by the Constitution that "no religious test or amount of property shall ever be required as a qualification for any office of public trust under the State," nor as a " qualification of any vote at any election" in the State; and still further, that no person shall be "ren- dered incompetent to give evidence in any court of law or equity in consequence of his opinion upon the subject of 36 V THE LAW OP KBLIGIOtJS SOCIETIES. religion." It will be observed that these provisions are almost precisely similar to those of the State of Wisconsin on the same subject. {lb., Sec. 17.) § 54. In the State of Iowa, after an expression of grati- tude to the "Supreme Being for the blessings hitherto enjoyed," and acknowledging "dependence on Him for a continuation of those blessings," the people, by their Con- stitution, proceed to ordain, among other things, that "the General Assembly shall make no law respecting an estab- lishment of religion, or prohibiting the free exercise there- of, nor shall any person be compelled to attend any place of worship, pay tithes, taxes or other rates for building or repairing places of worship, or for the maintenance of any minister or ministry." {iStcUe Gonst., An. XI; Bill of Bights, Sec. 3.) § 55. The Constitution further ordains that " no religious test shall be required as a qualification for any office or public trust, and no person shall be deprived of any of his rights, privileges or capacities, or disqualified from the per- formance of any of his public or private duties, or rendered incompetent to give evidence in any court of law or equity, in consequence of his opinions on the subject of religion." {lb., Sec. 4.) § 56. By the declaration of rights in Missouri it is asserted that " all men have a natural and indefeasible right to wor- ship Almightly God, according to the dictates of their own consciences; that no man can be compelled to erect, sup- port or attend any place of worship, or to maintain any minister of the gospel or teacher of religion; that no human authority can control or interfere with the rights of con- science; that no person can ever be hurt, molested or restrained in his religious professions or sentiments, if he do EELIGIOUS TOLEEATION. 37 not disturb others in their religious worship." {State Con- stitution, Art. XI, Sec. 4.) § 57. The Constitution also declares tliat " no person, on account of his religious opinions, can be rendered ineligible to any office of trust or profit" under the State; that "no preference can ever be given by law to any sect or mode of worship; and that no religious corporation can ever be established" in the State. It is also asserted that "no religious sect or society should be permitted to accumulate or hold in mortmain large bodies of land or other property," and that " all extensive ecclesiastical perpetuities are danger- ous to liberty." But it is provided that "any religious society may hold, in any assumed name, so much land as may be necessary for a house and buildings for public wor- ship — for a parsonage, and for a burying-ground;" though "no congregation, for such purposes, shall own more than one acre of land." {lb., Sec. 5.) § 58. In the" State of Kansas it is declared that " the right to worship God according to the dictates of conscience shall never be infringed; nor shall any person be compelled to attend or support any form of worship; nor shall any con- trol of or interference with the rights of conscience be per- mitted, nor any preference be given by law to any religious establishment or mode of worship;" and th^t "no religious test or property qualification shall be required for any office of public trust, nor for any vote at any election;" and still farther, that no person shall be " incompetent to testify on account of religious belief." {State Const., Bill of Rights, Sec. 7.) § 59. In California it is declared that the "free exercise and enjoyment of religious profession and worship, withont discrimination or preference, shall forever be allowed" in 38 THE LAW OF EELIGIOUS SOCIETIES. the State, and that "no person shall be rendered incompe- tent to be a witness on account of his opinions on matters of religious belief;" but that "the liberty of conscience" by the Constitution "secured, shall not be so construed as to excuse acts of licentiousness, or to justify practices incon- sistent with the peace or safety" of the State. {State Const., Art. I, Sec. 4.) § 60. The provision of the Constitution of the new State of Nevada, upon the subject of religious toleration, is an exact transcript of section four of article one of the State of California, with the further provision that the legislature shall pass no special acts relating to corporate powers, except for municipal purposes, though corporations may be formed under general law which may, from time to time, be altered or repealed. {State Const., Art. I, Sec. 4, and Art. VIII, Sf. 1.) § 61. By the organic law of Oregon "no person demean- ing himself in a peaceable and orderly manner " could ever be " molested upon account of his .mode of worship or religious sentiments," though "religion, morality and know- ledge, being necessary to good government and the happi- ness of mankind, schools and the means of education " should " forever be encoura,ged." But by the present Con stitution of the State, the greatest freedom of conscience is secured, and an effectual barrier is interposed against the institutions of religion ever receiving any patronage from the commonwealth. All men are " secured in their natural right to worship Almighty God according to the dictates of their own consciences;" and no law can in " any case what- ever control the free exercise and enjoyment of religious opinions, or interfere with the rights of conscience;" neither can any " religious test '* be required as " a qualification for any office of trust or profit." It is also provided that " no RELIGIOUS TOLERATION. 39 money shall be drawn from the treasury for the benefit of any religious or theological institution, nor shall any money be appropriated for the payment of any religious services in either house of the legislative assembly." {^Organic Lhw, Art. I, Sees. 1 and 3; State Const., Art. I, Sees. 2, 3, 4 and 5.) CHAPTEE V. RELIGIOUS LIBERTT STATE CONSTITUTIONS — THE SOUTHERN STATES TOLERATION IN THE STATES, AN ISSUE OF PROVI- BENOE. § 62. By the "Declaration of Eights made by the Eepre- sentatives of the good people of Virginia, assembled in full and per convention," it is declared, among other things, as the "basis and foundation of government," that religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and convic- tion, not by force or violence; and therefore all men are equally entitled to the free exercise of religion, according to the dictates of conscience; and that it is the mutual duty of all to practice Christian forbearance, love and charity towards each other." (State Constitution, Bill of Bights, Sec. 16.) § 63. In North Carolina the Constitution declares that " there shall be no establishment of any one religious church or denomination " in the State, " in preference to any other; neither shall any person, on any pretense whatever, be com- pelled to attend any place of worship contrary to his own faith or judgment, nor be obliged to pay for the purchase of any glebe, or the building of any house of 'worship, or 40 Tmq LAW OF KELIGIOUS SOCIETIES. . for the maintenance of any minister or ministry, contrary to what he believes Tight, or has volmitarily and personally engaged to perform; but all persons shall be at liberty to exercise their own mode of worship," provided that nothing contained in that declaration is to be "construed to exempt preachers of treasonable or seditious discourses from legal trial and punishment." (State Const., Art. XXIV.) § 64. It is also peremptorily declared that "no person who shall deny the being of God, or the truth of the Pro- testant religion, or the divine authority of either the Old or New Testament, or who shall hold religious principles incompatible with the freedom and safety of the State, shall be capable of holding any office, or place of truat or profit, in the civil department" within the State. {lb., Article XXII.) \ 65. By the Constitution of the State of South Carolina it is provided that "the free exercise and enjoyment of religious profession and worship, without discrimination or preference," shall forever be allowed within the State "to all mankind;" provided, however, that the libei-ty of con- science thereby declared " shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety " of the State. Eights, privileges, ' immunities and estates of religious societies are, however, recognized by the Constitution. {8tate Const., Art. VIII, Sees. 1 and 2.) § 66. In the Georgia State Constitution it is ordained that "no person within the State shall, upon any pretense, be deprived of the inestimable privilege of , worshiping God in a manner agreeable to his own conscience, nor be compelled to attend any place of worship contrary to his own faith and judgment; nor shall he ever be obliged to pay RELIGIOUS TOLEEATIOSr. 41 tithes, taxes or any other rate for the building or repairing any place of worship, or for the maintenance of any minis- ter or ministry, contrary to what he believes to be right, or hath voluntarily engaged to do." It is further provided that "no one religious society shall ever be established" in the State, " in preference to any other; nor shall any person be denied the enjoyment of any civil right merely on account of his religious principles." {State Constitution, Art. IV, Sec. 10.) § 67. By the Florida Constitution it is declared that " all men have a natural and inalienable right to worship Almighty God according to the dictates of their own conscience; and that no preference shall ever be given by law to any religious establishment. or mode of worship," in the State. {State Const., Art. I, Sec. 3.) § 68. In the State of Alabama it is declared that no per- son within the State shall, upon any pretense, "be deprived of the^ inestimable privilege of worshiping God in the manner most agreeable to his own conscience, nor be com- pelled to attend any place of worship; nor shall any one ever be obliged to pay any tithes, taxes or other rates, for the building or repairing any. place of worship, or for the maintenance of any minister or ministry." {State Const., Art. I; Declaration of Sights, Sec. 3.) § 69. It is further declared that "no human authority ought, in any case whatever, to control or interfere with the rights of conscience," and also that "no person shall be hurt, molested or restrained in his religious profession, sentiments or persuasion provided he does not disturb others in their religious worship." {lb.. Sees. 4 and 5.) § 70. The Constitution also declares that the " civil rights, 42 THE LAW OF RELIGIOUS SOCIETIES. privileges or capacities of any citizen shall in no way be diminished or enlarged on account of his religious princi- ples;" and, still further, that "there shall be no establish- ment of religion by law," and that " no preference^ shall ever be given by law to any religious sect, society, denomination or mode of worship;" and also that " no religious test shall ever be required as a qualification to any office or public trust" under the State. {lb., Sees. 6 and 7.) § 71. The Constitution of the State of Kentucky, like that of Illinois, and in similar language, asserts that "all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; that no man shall be compelled to attend, erect or support any place of worship, or to maintain any ministry against his consent; that no human authority ought, in any case what- ever, to control or interfere with the rights of conscience; and that no preference shall ever be given by law to any religious societies or modes of worship." And further, that " the civil rights, privileges or capacities of any citizen shall in no wise be diminished or enlarged on account of his religion." {State Const., Art. XIII, Sees. 5 and 6.) § 72. So, also, in similar language, the Constitution of Tennessee asserts that "all men have a natural and inde- feasible right to worship Almighty God according to the dictates of their own conscience; that no man can, of right, be compelled to attend, erect or support any place of wor- ship, or to maintain any minister against his consent; that no human authority can, in any case whatever, control or interfere with the rights of conscience; and that no prefer^ ence shall ever be given, by law, to any religious establish- ment or mode of worship;" and further, that no religious test shall ever be required as a qualification to any office or RELIGIOUS TOLERATION. 43 public trust under the State. {State Qom^t, Art. I, Sees. 3 and 4.) ^ 73. By tlie Constitution of the State of Mississippi it is declared that "the exercise and enjoyment of religious pro- fession and worship, without discrimination, shall forever be free to all persons " in the State, with the proviso, however, that the right thus declared and established " shall not be so construed as to excuse acts of licerrtiousness, or justify practices inconsistent with the peace and safety of the State," and also that " no preference shall ever be given by law to any religious sect or mode of worship.'.' (State Const., Art. /, Sees. 3 and 4.) § 74. By the old Constitution of Louisiana, no special provision is found upon the subject of religious toleration, and of course, therefore, all they have .there is the ample guarantee contained in the Constitution of the United States. In fact, it has been judicially determined that in framing the Constitution of the State it was deemed unnecessary to insert any restriction upon the power of the legislature on the subject of religious freedom, as it had already been set- tled by solemn compact between the original States and the people of the territory, unalterable but by common consent under the act of Congress of March 2, 1805, and in con- formity with the ordinance of July 13, 1787, that religious freedom, in its broadest sense should form the basis of all laws, constitutions and governments, which forever after might be passed within said territory. {Church of St. Louis V. Blanc, 8 Rob. R. 52.) § 75. The provision of the Constitution of the State of Arkansas, upon the subject of religious toleration^ is an exact transcript of that contained in the Constitution of the State of Kentucky, and need not be repeated in this seo^ion. 44 THE LAW OF EELIGIOUS SOCIETIES. {State Constitutipn, Art. XI; Declaration of Eights, tiecs. 3 and 4.) § 76. The provision of the Constitution of the State of Texas upon the subject is substantially the same as that of the States of Kentucky and Arkansas, with the further pro- vision that " it shall be the duty of the legislature to pass such laws as shall be necessary to protect every religious denomination in the peaceable enjoyment of their own mode of public worship." {State Constitution, Art. I, Sees. 3, 4 and 5.) \ 77. It will be observed that there is a similarity of lan- guage and thought running through all the Constitutions of the States upon the subject of religious toleration, and yet the disparity of phraseology and sentiment is sufficient to make it impossible to give a correct idea of the matter with* out grouping together their various provisions. It is hoped that the subject will not be found without interest and profit, and that the advantage and satisfaction derived may compen- sate for the limited space occupied. § 78. Keligious toleration in the United States may be regarded as an issue of Providence, rather than a settled conviction of right. The Colonists had witnessed, and many of them felt, the edge of persecution to its utmost keenness in the mother country, by reason of non-conformity to the national religion; yet, when fully established in the new world, each sect or denomination felt it of vital importance that tliey should be free, but that the miserable miscreants who differed from them might, with the strictest propriety, be deprived of the privileges of society. While the Colo- nies were independent of each other in respect to their domestic concerns, they had no difficulty in maintaining their^ distinctive idea, and substantially connecting the civil BELIGIOUS TOLERATION. ' 45 power with religious opinions. But the moment they were threatened with dangers from abroad, and a union of the colonies for mutual defense was apparently their only salva- tion, they began to realize how difficult it would be for the Congregationalists or Independents of New England, and the Presbyterians of New Jersey, the Roman Catholics of Maryland and the Episcopalians' of the South to unite upon any common platform of ecclesiastical view. So, in the actual situation of things, the Colonists were obliged to form a union, upon the basis of toleration in all matters of religion and worship; and thus, under the jvorkings of Divine Provi- dence, religious liberty is now universally enjoyed, and the, settled theory of the government is, to avoid the slightest interference with the rights of conscience or the functions of religion. CHAPTER VI. I BELIGIOUS TOLERATION BEFORE THE REVOLUTION — THE COLO- NIAL CHARTERS AND LAWS. § 79. Though the free exercise and enjoyment of religious profession and worship is now regarded as one of the absolute rights of individuals in the United States, and is recognized as such in the Federal and State Constitutions, and secured to them by law; and, though the principle is generally asserted without qualification or limitation, excluding every species of religious test, the fact was far otherwise, as . has been before intimated, prior to the American Revolution, and especially in colonial times. This right was greatly restricted by the charters and laws of many of the colo- nies. 46 THE LAW OF EELIGIOUS SOCIETIES. § 80. By an order of the General Court of Massachusetts in 1631, it was provided that no persons should be admitted to the freedom of the commonwealth, or should have the political rights of freemen, who were not members of some orthodox church in the State. So, also, in that part of Con- necticut which, until 1665, constitute'd the separate New Haven Colony, the early settlers established and enforced by law a uniformity of religious doctrine and worship, and made it requisite that every person holding a civil oflSce should be a church member. (1 Kent's Com., 1th ed., 645; 1 TrumhulVs Hist, of Conn. 100; See also BeebeY. Fales, 16 Mass. R. 498.) § 81. By the declaratoiy act of East New Jersey, in 1698, religious liberty was confined to the Protestant professors of the Christian faith. And, in 1693, the legislature of West New Jersey prescribed a confession of faith as a condition of holding office, and that confession contained the declara- tion of a belief in the doctrine of the Trinity, according to the highest toleration act of 1689. So by the . charter of liberties established by the General Assembly of the Pro- vince of New York, under the Duke of York, in 1683, com- plete enjoyment of religious doctrine and worship was granted only to persons who " professed faith in God by ~ Jesus Christ." (1 Kenfs Com. 647, and authorities cited in notes a and b.) § 82. In the code of laws or charter of privileges, prepared by William Penn, for Pennsylvania, in 1701, and adopted by the first Provincial Assembly, it was declared that no persons acknowledging a Deity, and living peaceably and quietly in society, should be molested or prejudiced for their religious persuasion or practice in faith and worship, or be compelled to frequent or maintain any religious ministry or worship. This liberal provision extended to all professing RELIGIOUS TOLERATION. 47 Christians, both Catholic and Protestant, but it evidently excluded Atheists and Infidels. {lb.) § 83. By the Constitution of 1776, of North Carolina, no person denying the divine authority of the Old and New Testaments, or the truth of the Protestant religion, could hold a civil office, and this restriction remained until the Con- stitution was amended in 1835, when the word Protestant was omitted and the word Christian substituted. The first excluded from office Catholics, as well as Atheists and Infi- dels. So, also, in Maryland, said to be the first of the American States in which toleration was established by law, it was declared by the Legislature, in 1649, that "no per- sons professing to believe in Jesus Christ should be molested in respect to their religion, or in the free exercise thereof, or be compelled to the belief of any other religion, against their consent," thereby limiting religious toleration to trini- tarian Christians. {lb., and Bacon's Laws of 1649, Oh. 1.) § 84. On the other hand, the charter of Ehode Island, of 1663, contained the extraordinary liberal declaration, for that early period, that "no persons within the Colony, at any time thereafter, should be in any wise molested, pun- ished, disquieted or called in question for any difierences in opinion in matters of religion, who do not actually disturb the civil peace of the Colony." Eoger Williams, the founder of the State, in 1636, unquestionably prepared the way for this unexampled declaration of the rights and sanctity of conscience. (1 Kent's Com. 645.) § 85. The proprietaries of Carolina, for the better encour- agement of settlers, declared, concurrently in point of time with the Khode Island charter, that all persons settling therein should enjoy the most perfect freedom in religion; and the charter of Charles 11, of June 30, 1667, to the pro- 48 THE JjAW of religious SOCIETIES. prietaries, authorized them to grant religious liberty of con- science and practice to non-conformists who did not thereby disturb the civil peace of the Province. So, also, Lord Burkeley and Sir George Calvert, the proprietaries of New Jersey, in their concessions to the settlers of 1664, of a charter of civil liberties, secured to them the full and perfect enjoyment of religious liberty, by adopting the same lan- guage as that used in the charter of Khode Island; and the fundamental Constitutions of the twenty-four proprietaries, in 1683, reiterated the right to the same unqualified freedom of religious profession and worship. In the Jerseys and Carolinas, however, a more restricted policy Was subsequently adopted. {lb., 646.) § 86. It is quite obvious, therefore, that some of the colo- nial governments provided for the enjoyment of religious liberty in the largest sense, as allowing every man the free exercise and enjoyment of religious profession and worship, without discrimination or hindrance; and, from the illus- trious examples referred to, it appears that "various portions of this country became, even in its infant state, distinguished asylums for the enjoyment of the principles of civil and religious freedom by the persecuted votaries of those prin- ciples from all parts of the Old World." {Tb., 647, and note c.) ENGLISH ECC!LESIASTICAL LAW. 4'9 CHAPTER VII. THE ENGLISH ECCLESIASTICAL LAW — ITS RELATION TO THE COLONIES — ITS NATURE AND ORIGIN — ECCLESIASTICAL COURTS. § 87. Among the many other things brought by our fore- fathers from the mother country, was the English Ecclesias- tical Law, and so far as it was adapted to the situatito of the colonies, it became the basis of the colonial law. It entered prominently into the policy of the first settlers, and even now has an actual force and operation in the system of the Protestant Episcopal Church, and its influence is more or less felt throughout all the American churches. § 88. The English Ecclesiastical Law is the public and general code of rules and regulations of the established church. It covers the entire ecclesiastical polity of the Church of England, taking cognizance not only of ordinary matters of discipline, but of numerous crimes committed against the decrees and ordinances of ecclesiastical authority. The canon law of England has not always been uniform. Many regulations once in full force, have, been modified or abrogated. As to the origin of this code, there is a differ- ence of opinion. That, as well as its nature, may be ascer- tained from the doctrines and decisions of English Jurists. ^89. Concurrent with the settlement of England, they had their Ecclesiastical Courts, which took jurisdiction of all matters of an ecclesiastical nature. These courts were sometimes called Courts Christian — ^'cwriae christianiinlis." ^ The first was the Archdeacon's Court, held by the Archdea- con, or in his absence, by a judge appointed by himself, called his official. Next was the Consistory Court of the [Ty.] 4 50 THE LAW OF RELIGIOUS SOCIETIES. diocesan bishop, for the trial of ecclesiastical cases arising in the diocese. Then came the Court of Arches, which was the court of appeal, belonging to the Archbishop of Canter- bury; and the Court of Peculiars, a branch of, and annexed to, the Court of Arches. Next the Prerogative Court, established for the trial of testamentary cases, where the testator left movable property in two dioceses. And then the great Court of Appeal, consisting of delfegates appointed by the king's commission under his great seal, and issuing out of chancery, to represent his royal person, to which all ecclesiastical cases could be appealed. And finally, was a Commission of Eeview sometimes granted, in extraordinary cases, to review or revise the sentence of the Court of Dele- gates. Besides these, there were certain other Ecclesiastical Courts, having only a voluntary, and not a contentious juris- diction, and were merely concerned in doing or selling what no one opposed, but did not concern themselves with administering redress to any. injury. (3 Blackstone^s Com., 62-68.) § 90. In regard to the Ecclesiastical Law, Chief Justice Hale said: " I -conceive that when Christianity was first introduced into this land, it came not without some form of external ecclesiastical discipline or coercion, though at first it entered into the world without it; but that external dis- cipline could not bind any man to submit to it, but either by force of the supreme civil power where the governors received it, or by the voluntary submission of the particular persons that did receive it; if the former, then it was the civil power of the kingdom which gave that form of ecclesi- astical discipline its life; if the latter, it was but a voluntary pact or submission. which could not give its power longer "than the party submitting pleased; and then the king allowed, connived at, and did not prohibit it; and ttus by degrees, introduced a custom whereby it became equal to ENGLISH BCCJLBSIASTIOAL LAW. 51 Other customs and usages." (2 Atkyns, 699, cited hy Lord Hardwicke.) § 91. Lord Coke says: " So albeit the kings of England derived their ecclesiastical laws from others, yet so many as were proved, approved and allowed herein, and with a general consent, are aptly and rightly called the king's ecclesiastical laws of England;" and Justice Whitlock observes: " There is a common law ecclesiastical, as well as our common law, jus commune ecclesiasticum, as well as jus commune laicum." {Cowdry's Case, 5 Cokeys Rep,, 33.) § 92. Chief Justice Tindal endeavors to show that the law by which the spiritual courts of the kingdom have been governed from the earliest time, "is not the general canon law of Europe, imported as a body" into the kingdom, and " governing those courts proprio vigore, but instead thereof, an ecclesiastical law, of which the general canon law is no doubt the basis, but which has been modified and altered from time to time by the ecclesiastical constitutions " of the "Archbishops and Bishops, and by the Legislature of the Realm, and which has been known from* early times by the distinguishing title of the King's Ecclesiastical Law. That the canon law of England does not, nor never did, as a body of laws, form part of the law of England, has been long settled and established." (^weera v. Mills, 10 Clarke and Finally, 678.) § 93. Spelman, in his learned treatise, says: "The canon law as adopted here — the national and provincial councils — all these together, as they have been heretofore in use, and are not repugnant to the laws and religion of the kingdom, or repealed by the statutes of Henry Vm, or of later times against papal usurpation, are still in force, as I conceive," (De 8e]mltura, 179.) 52 THE LAW OF EELIGIOUS SOCIETIES. § 94. The ecclesiastical courts of England take, or formerly did take, cognizance of pecuniary cases, which arise, or arose, either from the withholding ecclesiastical dues, or the doing or neglecting some act. relating to the church, whereby damage accrues, such as subtraction or withholding of tithes from the parson or vicar, neglect of reparations of the church, church-yard and the like; also in matrimonial cases, and injuries respecting the rights of marriage,, including actions for diyorce, and for restitution of conjugal rights, and also in testamentary causes, and cases of intestacies. In most of these actions and cases the courts of common law have jurisdiction, but the spiritual courts have, or formerly did have, an undisturbed jurisdiction in them all. (3 Black. Com. « 7-103.) § 95. So long as this country was subject to Great Britain, the colonists were governed by the general laws of the mother country, so far as those laws were applicable to their situation and condition, and they thus became, and were, the unwritten law of the colonies, until altered by common consent, or legislative enactment. This is a natural presumption, and' therefore adopted as a rule of law. {De Ruyter v. The, Trustees of St. Peter^s Church, 3 Barb. Ch. E. 119.) \ 96. By the English ecclesiastical law, all persons not prohibited by the law of God as revealed in the eighteenth chapter of Leviticus, have liberty to marry, but their mar- riage must be contracted and solemnized in the face of the church. The law of marriage in the United States is sub- stantially the same, though the degrees within which mar- riage is forbidden, are prescribed by legislative enactment. In most of the States, marriage is regarded as a civil con- tract, and it is valid, though not solemnized in the presence of officer or minister. All that is necessary for its validity ENGLISH ECCLESIASTICAL LAW. 53 is the deliberate consent of competent parties, entering into a present agreement to take each other for husband and wife. {Clayton v. Wardell, 4 Comst. 230.) § 97. The marriage of a man with the daughter of his wife's sister, is unlawful under the statutes of England; so also the marriage of a man with the sister of the mother of the first wife; and so also a marriage by an uncle with a niece, is prohibited by the precept which forbids a nephew to marry his aunt. Though a marriage with the wife of a great uncle was' held valid, because not within the fourth degree, the Judge declaring that "but for the provisions of the statute it would be difficult to prove that they were civ- illy debarred by the Levitical decrees in respect to the law- fulness of marriages, unless the prohibition was also clearly dictated by the natural law." {Harrison v. Burwell, Vavghan^s Rep. 206.) § 98. The statutes and judicial decisions of the several States do not go to the extent of the English authorities in all cases, although the rubrics of the Protestant Episcopal Church, and the rules and regulations of the other Aijjerican churches on these subjects, agree pretty generally with the rule as established by the English Ecclesiastical Courts. Whether a man shall be permitted to marry his deceased wife's sister, is not fully settled by the ecclesiastical tribu- nals of England, or of this country, though the better opinion is adverse to such marriage. \ 99. "We have no ecclesiastical establishment in the Uni- ted States, nor ecclesiastical courts, as in England, but all matters and cases cognizable by the English Spiritual Courts are here conveniently and properly disposed of in the Sur- rogates', Probate, and common law courts. 54 THE LAW OF RELIGIOUS SOCIETIES. CHAPTEE Vm. RELIGIOUS SOCIETIES — WHAT IS A RELIGIOUS SOCTETT — WHAT A RELIGIOUS COEPORATIOIf — WHAT AN ECCLESIASTICAL COR- PORATION — HISTORY OF RELIGIOUS CORPORATIONS: — HOW CREATED. § 100. A religious society is a voluntary association of individuals or families, taking a lively interest in the ad- vancement of religion, united for the purpose of having a common place of worship, and to provide a proper teacher to instruct them in religious doctrines and duties, and to ad- minister the ordinances of the church with which it is con- nected, or. which may be accepted by the members compos- ing the association, and generally to support the cause of morality and religion in the place where the society is formed. Although a church or body of professing Chris tians, is almost uniformly connected with a religious society, the members of the church have no other or greater rights than any other members of the society, who statedly attend with them for divine worship. {Baptist Church in Hartford V. Withered, 3 Paiffe, 296.) § 101. The church is , altogether a different body from that of the society, and we have but Kttle to consider with reference to the church in its distinctive capacity, in a treat- ise upon the law of religious societies, though the matter will be referred to in another place, when the discipline and government of the several churches will be briefly explained. Over the church, as such the legal and temporal tribunals do not in general profess to have any jurisdiction whatever, except so far as is necessary to protect the civil rights of others, and to preserve the public peace. All questions THE RELIGIOUS COEPOBATION. 55 relating to the faith and practice of the church and its mem- bers, belong to the church judicatories themselves. (76.) § 102. The only religious societies recognized in law, are those which are incorporated, and thereby become bodies corporate, by special charters, or under the general incorporating act of a State. It has however been held that property may be granted to individuals for the use of a church not incorporated, in such a way as that when the society may be incorporated, it can take and hold it. It has also been held that trustees de facto of a religious society unincorporated, may maintain an action against a trespasser for an injury to the meeting house of the society. And in one case it was held that a bequest directly to an unincor- porated Eoman Catholic Church being of a highly meritori- ous character, and the objects of it being clearly expressed, should be sustained in a court of equity. The soundness of this doctrine, however, may well be questioned, within the principles enunciated in later cases in the Court of Appeals of the State of New York. But wher« there is no local statute contravening, property may be held by the trustees for the use and benefit of an unincorporated religious society, under the rule that, at common law, property may be granted to pious uses before there is a grantee in existence, competent to take it, in the meantime the fee being in abeyance. But an unincorporated religious society can neither hold or convey property, and in its collective capacity has no powers or rights whatever. {jReformed Dutch Church of Schenectady y. Veeder, 4 Wend. 494; Green v. Cody, 9 Wend. 4'14; Banks v. Phelan, 4 Barb. 3. C. R. 80.) § 103. A religious corporation is an intellectual bo'dy pol- itic, created by law, composed of several individuals, whose principal object is, to establish and regulate the congrega- tion of a religious denomination, acting under a common 56 THE LAW OF EBLIGIOUS SOCIETIES. name, and endowed with perpetual succession, and vested with the capacity of acting in many respects, however nu- merous th^ association may be, as a single person. Like other bodies corporate, it is " an artificial being, invisible, intangible, and exists merely in idea, and has neither soul nor body," and cannot be deemed a moral agent, subject to moral obligation or personal suffering. It is reported that Chief Baron Manwood demonstrated that corporations have no souls, by the following curious syllogism: "None can cre- ate souls but God; but a corporation is created by the King; therefore a corporation can have no soul." {Angell (S)Ames on Corporations, § 7.) . § 104. A;i ecclesiastical corporation in English law is, a body corporate, whose members are spiritual persons; and the object of the institution is also spiritual. The late Chan- cellor Kent, in his excellent Commentaries on American Law, denominates our religious corporations, ecclesiastical. ' Not- withstanding the high authority of this remark, technically speaking, it is probably incorrect, and particularly undei the laws of New York. The Court of Appeals of this State, in' an able and logical opinion, has decided that an incorpo- rated religious society, under the statutes and laws of New York, does not belong to the class of ecclesiastical corpora- tions, in the sense of the English law, but is to be regarded as a civil corporation, aiid governed by the ordinary rules of the common law. This is an important distinction in de- termining the powers and functions of the religious corpo- ration. {Robertsonv. Bullions, 11 JSf. T. Rep. 243,- 2 Kent's Com. 274.) % 105. Although a religious corporation, in some of its objects, embraces matters of a public nature, it is neverthe- less regarded in law as a private body, in contradistinction to corporations relating to towns, counties, cities and parishes, THE KELIGIOTIS CORPORATION. 57 existing for public purposes; and the religious corporation is governed in general by the same rules which control other private civil corporations. § 106. Corporations to promote reKgious objects have existed from a very early period; perhaps as early as cor- porations of any other character. According to Sir Wil- liam Blackstone, the honor of inventing political associa- tions for the advancement of religion, learning and commerce, belongs totheEomans; Blackstone asserts upon the author- ity of Plutarch, that they were introduced by Numa, who finding, upon his accession, the city torn to pieces by the two rival factions of Sabines and Eomans, thought it a pru- dent and politic measure to subdivide these two into many smaller ones, by instituting separate societies of every man- ner of trade and profession. They were afterwards much considered by the civil law, in which they were called uni- versttates, as forming one whole out of many individuals; or collegia, from being gathered together. They were adopted also by the canon law, for the maintenance of eccle- siastical discipline. (1 Black. Oom., 469.) § 107. From these ancient societies of the Eomans, the English spiritual corporations were undoubtedly derived, though the laws of England have considerably refined and improved upon the original invention, according to the usual genius of the English nation; and there is no doubt that the American idea of religious societies is based upon the prin- ciple of the ecclesiastical corporation. Such, at all events, would seem to be the opinion of text writers upon the sub- ject. § 108. Corporations, religious and others, by the civil law, according to Blackstone, were created by the mere act and voluntary association of their members, provided the 58 THE LAW OF EBLIGIOUS SOCIETIES. convention was not contrary to law. If it were contrary to law, it was regarded as ilUcitum collegium — an illegal col- lege or society, and the association was prohibited. The prince's consent was not actually necessary for the founda- tion of them, although a sharp lookout was exercised, to the end that the founders should not establish any meetings in opposition to the laws of the State. (1 Black. Com., 472.) § 109. In England, the consent of the sovereign, express or implied, must in all cases, be given to the religious cor- poration. The king's implied consent is to be found in such corporations as exist by force of the common law, to which former kings are supposed to have given their concurrence; common law being nothing else but custom, arising from the universal agreement of the whole community. The king's consent is also presumed in cases of such ecclesiastical cor- porations as have existed as corporations, time whereof the memory of man runneth not to the contrary, and they are therefore looked upon in law to be well created. {lb., 473.) ^ 110. In the United States, corporations of all kinds, including of course religious corporations, are created by authority of the legislature, and not otherwise. Sometimes religious societies are incorporated here by special charters, but more frequently, under general incorporating laws. There are several religious corporations, however, existing in this country, which owe their origin, under the colony administration, to the English crown; and Chancellor Kjbnt thinks there is no doubt that corporations, as well as other private rights and franchises, may also exist in this country by prescription; which presupposes, and is evidence of a grant, where the acts and proceedings on which the pre-, sumption is founded, could not have lawfully proceeded from any other source. There are but few cases here, how- ever, where legislative authority cannot be shown and pro- RELIGIOUS OORPOEATIONS. 69 duced. Those to the contrary are the exceptions, and are exceedingly limited. (2 Kent's Com. 277.) § 111. "When the corporation is created by act of the legis- lature, it requires the acceptance of the charter to create the body corporate; for it has been justly remarked, that the gov- ernment cannot compel persons to become an incorporated body without their consent, or the consent of,- at least, the major part of them. The acceptance, however, may be in- ferred from the acts of the corporators, and no written instru- ment, or vote of acceptance is necessary, unless it is specially made so by the act of incorporation. (/5.) § 112. In New York, Ohio, and most others of the Uni- ted States, statutes have been enacted, providing generally for the incorporation of religious societies, in an easy and popular manner, thus saving the delay, trouble and expense of an application to the law-making power, in each individual case- Care must be exercised in all these cases, to comply with the requisitions of the appropriate statute, in order that the society may acquire the rights of a corporation. The law of each State will be given in a plain and intelligible maimer in the course of this work. CHAPTER IX. RELIGIOUS SOCIETIES IN THE STATE OP NEW YORK — ^INCORPO- RATION OF PROTESTANT EPISCOPAL CHURCHES ELECTION OF THEIR OFFICERS ^FORM OP PROCEEDING. § 113. Trinity Church, of the city of Jfew York, and a few other Protestant Episcopal churches of the State, exist under special charters, but most of the churches or societies 60 THE LAW OP EEUGIOUS SOCtETIES. of this denomination in the State of New York have been organized under the general incorporating acts passed from time to time by the State legislature. The manner of pro- ceeding is specially pointed out in these acts. § 114. A Protestant Episcopal church may be incorpo- rated by the male persons of full age, belonging to any church, congregation or religious society, in which divine worship shall be celebrated according to the rites of the Protestant Episcopal church in the State, at a meeting of such persons assembled pursuant to legal notice, for the purpose of incorporating themselves under the general law of the State, and taking such action as is specified in the act. {Laws of 1813, Oh. 60, Sec. 1 ; Laws of 1819, Oh. 33, Sec. 1 ; 3 Statutes at Large, 687-696.) § 115. Notice of the meeting must be given in the time of morning service, on two Sundays previous to such meeting, by the rector, or if there be no rector, then by any other person belonging to the church or congregation, stating dis- tinctly the time, place and object of the meeting. The meet ing should convene pursuant to the notice, and organize by the rector taking the chair, or if there be no rector, or he be necessarily absent, then by one of the church wardens, or vestrymen, or any other person called to the chair, occupy- ing the chair, who will preside over the meeting. The per- sons entitled to vote, according to the terms of the last pre- ceding section, may then proceed to elect two church war- dens and eight vestrymen, and determine on what day of the week called Easter week, the said offices of church wardens and vestrymen shall annually thereafter cease, and their suc- cessors in office be chosen; and also agree upon the name or title by which their church or congregation shall be known ' in law; all of which must be done by a majority of the voices entitled to vote. (-Z5.) ItELIGIOUS COEPORAHONS IN NEW TOEK. 01 ^116. The rector or other person presiding at the elec- tion, with two other persons present at the meeting, must make a certificate under their hands and seals, stating the names of the church wardens and vestrymen so elected, the day of Easter week so fixed on for the annual election of their successors, and the name or title by which such church or congregation shall be known in law. (75.) § 117. The certificate may be in the following form: — State of New York, ? Count]/ of Oswego, ) We, the imdersigned, the rector (or the person called to the chair and presiding), and two persons present at the meeting and election hereinafter mentioned, do certify that on the day of instant, the male persons, of full age, belonging to a congregation (or church, or religious society) in the town of , in said county of Oswego, and who have not been already incorporated, met at Grace Church (or the place of public worship), heretofore occupied by them, in the town of aforesaid, for the purpose of incorporating themselves,' and did then and there elect, by a majority of voices, A. B. and C. D. as church wardens, and E. F., &c., &c., as vestrymen for the then ensuing year; and the said persons did then and there also determine, by the like majority of voices, that the said offices should annually thereafter cease on of Easter week, and that the said church should thereafter be known as " Grace Church " of the town of , county of Oswego and State of New York (or "Zion Church, Fulton"). Witness our hands and seals this day of , 18 . . Signed and sealed in presence of G. H. J. O., Rector (or Chairman), [l. s. K. L., L. s. M. N. [L.s. § 118. The certificate must be duly acknowledged or proved before some officer authorized to take acknowledg- 62 THE LAW OP EELIGI0U8 SOOIBTIBS. ments or proofs of conveyances of real estate, and then recorded by the clerk of the county where the church or place of worship of such congregation may be situated, in a book by him provided for that purpose^ whereupon the church wardens and vestrymen so elected, and their succes- sors in office of themselves, but if there be a rector, then together with the rector of such ctiurch or congregation, will form a vestry, and be the trustees of such church or congregation; and such trustees, and their successors, there- upon become a body corporate, by the name or title expressed in such certificate. {Statutes last cited.) ^ 119. It is advisable that the certificate be quite full, so as to show that all the statutory requirements have been followed, material to the due incorporation of the church or congregation; though the omission of facts not specifically required by the statute to be put in the certificate will not vitiate it, and particularly after the church or congregation have acted under their organization,- for any considerable length of time. In such a case, every general requisite to the due creation of the corporation will be intended or pre- sumed. § 120. In accordance with the doctrine above stated, it has been held that, when the certificate showed that the rector did not preside at the first election, but did not show that he was " necessarily absent," in the language of the statute, the church having gone on for five years, claiming to be a corporation, and holding and enjoying property as such, the omission was immaterial, and that the absence of the rector would be intended, if such were necessary to give validity to the corporation. {All Saint's Church v. Lovett, 1 Hall's Sup. O. R. 191.) ^ 121. It may be proper to remark that the record of the EBLIGIOtrS OOKPORATIONS IN NEW YOKE. 63 certificate of incorporation, is not evidence of the fact of incorporation. The statute which directs the mode of pro- ceeding to incorporate religious societies does not make the record evidence, as the record of deeds when recorded is evidence. The certificate must be proved and recorded before the society becomes incorporated, but when necessary to establish the fact of incorporation, the original certificate must be produced, or its non-production accounted for. This, it seems, cannot be dispensed with. {Jackson v. Leg- gett, 7 Wend. 377.) § 122. The male members of the church or congregation qualified to vote at such election must meet in every year after such first election, on the day in Easter week so fixed for that purpose, and elect the churchwardens and vestry- men of the society or church; and, wheuever a vacancy shall happen before the stated annual election, by death, removal or otherwise, the trustees must appoint a time for holding an election to supply the vacancy, of which notice must be given in the time of divine service, at least ten days previous to the proposed election. {Statutes last cited.) § 123. Only the following persons can vote at any elec- tion subsequent to the first: the male persons of full age of such church, congregation or society who have belonged to the same for the last twelve months preceding §uch election, and who have been baptized in the Episcopal church, or have been received therein, either by the rite of confirma- tion, or by receiving the holy communion, or by purchasing or hiring a pew or seat in said church, or by some joint act of the parties and the rector, whereby they shall have attached themselves to the Protestant Episcopal church. [lb.) § 124. The stated annual elections, and also those to fill 64 THE LAW OP BBLIGIOUS SOCIETIBS. vacancies, must in every case be holden immediately after the morning service; and at all such elections the rector, or if there be none, or he be absent, one of the church wardens or vestrymen must preside and receive the votes of the electors, and be the returning officer, and must enter the pro- ceedings in the book of the minutes of the vestry, and sign his name thereto, and offer the same to as many of the elect- ors present as he may think proper, to be by them also signed and certified. (iJ.) § 125. The election of these officers would undoubtedly be valid, although the requirements of the statute in respect to the notice of such election were not fully complied with, provided the election were fairly conducted, and there was no complaint of want of notice. The certificate of election will be received in evidence in an action brought to test the validitj' of the election of such officers, although such certifi- cate were not made out until some time after the election. {The People v. Peck, 11 Wend. 605.) § 126. The following form of the certificate of election of church wardens and vestrymen may be used: — ■ This is to certify, that at the stated annual election of church wardens and vestrymen for "Zion Church, Fulton," held at the church (or place of public worship of said church) immediately after the morning service on the day of 18 , the following persons were duly elected by a majority of voices entitled to vote: A. B. and C. D. as church war- dens, and E. F., &p., as vestrymen, for the ensuing year. Witness our hands at Fulton, this day of 18 . G. H., Rector. vr j\ Electors. [If the election was to fill a vacancy, the certificate can be varied accordingly.] RELIGIOUS COEPORATIONS IN NEW YOEK. 65 § 127. The church wardens and vestrymen chosen at any election, hold their oflices respectively, until the expiration of the year for which they are chosen; and they have power, among other things, to call and induct a rector to the church or congregation, as often as a vacancy occurs. {Laws of 1813, Ch. 60, Sec. 1, etc., before cited.) § 128. No meeting or board of such trustees can be held, unless at least three days' notice thereof be given in writing, under the hand of the rector or one of the church wardens; and no such board is competent to transact any business unless the rector, if there be one, and at least one of the church wardens, and a majority of the vestrytnen be present. The rector, if there be one, and if not, then the church warden present, or if both of the church wardens be present, then the church warden who may be called to the chair by a majority of voices, must preside at the meeting or board, and have the casting vote. (Jb.) § 129. Should the church or congregation omit or neglect, at their stated annual meeting, to elect their church wardens or vestrymen, the church or congregation, or more properly, the religious society, will not thereby be dissolved; but those in office at the time of such omission, will be taken to be the legal officers of the church or congregation until others are elected in their stead, provided that the election to supply the omission be made within one year after its occurrence. {Laws of 1844, Oh. 158, 8ec. 3: 3 Statvies at Large, 702-) § 130. The members of any church, congregation or soci- ety, qualified to vote for trustees, wardens or vestrymen, or a majority of them, may, at any stated annual meeting of the said members, appoint and fix any day in the succeeding year as the day on which the election of officers of such church, [Tt.] 5 ' 66 THE LAW OF EELIGIOUS SOCIETIES. congregation or society shall be held; and the elections held on such day will be as valid to all intents and purposes as if the same had been made on the days formerly appointed for that purpose. {Laws of 1826, Ch. 47, Sec. 3; 3 Statutes at Large, 699.) CHAPTER X. EELIGIOUS SOCIETIES IN NEW YORK INCOEPORATION OF EB- FOEMED PROTESTANT DUTCH, REFORMED DUTCH, AND REFORM- ED PEBSBYTEBIAN CHURCHES FORM OF PROCEEDING THE TEUSTEES. § 131. The minister or ministers, and elders and deacons, and if during any time there be no minister, the elders and deacons during such time, of every Eeformed Protestant Dutch church or congregation established in the State of New York, and elected according to the rules and usages of such churches within the State, are made the trustees for sil'ch church or congregation, by the general incorporating act of the State. {Laws of 1813, Ckaj). 60, Sec. 2; 3 Stat. at Large, 689.) § 132. According to the rules and usages of the Eeformed Protestant Dutch churches within the State of New York, the elders and deacons are elected on the organization of the church or congregation, by the male communicants, and subr sequently by the consistory or the male communicants, and in both cases their names are published to the congregation for approval. The consistory, to which the government of the church belongs, is composed of the minister, elders and deacons, and if there be no minister, then to the elders and deacons alone. These are the officers who compose the trus- EBLIGIOUS COEPOEATIONS EST NEW TOEK. 67 tees of the church or congregation, and the manner of their election therefore becomes important. They hold office for two years, at the expiration of which time they may be re- elected. § 133. Several of the Eeformed Protestant Dutch churches and congregations of the State exist as bodies corporate under special charters granted by the law-making power, but the general law affords a very convenient and econom- ical method for the incorporation of these churches and con- gregations, and it is now almost invariably resorted to. Indeed, the legislature very seldom grants a special act of incorporation, except in a peculiar and extraordinary case. The constitution of the State actually forbids the creation of corporations by special act, except for municipal purposes, and in cases where in the judgment of the legislature the objects of the corporation cannot be attained under general laws; and this is rarely the case in respect to a religious corporation of any kind. {State Const., Art. VIII, Sec. 1.) § 134. The trustees of any such Eeformed Potestant Dutch church or congregation may assemble together at any tinle they deem it convenient, and execute, under their hands and seals, a certificate declaring the name or title by which they and their successors, forever, shall be known as a body cor- porate, under the general incorporating act of the State. This certificate, after being executed, must be duly proved or acknowledged, and recorded in the same manner as in the case of a Protestant Episcopal church or congregation, and thereupon such trustees and their successors become a body corporate, by the name or title expressed in the certificate. (Statutes last cited.) § 135. The certificate of incorporation may be in the fol- lowing form: — 68 the law of beligi0u8 societies. State of New Yoek, ? ^^ County of Oswego, ^ We, the undersigned, trustees of a Keformed Protestant Dutch church or congregation, in the town of Mexico, in said county and State, do hereby certify, that on the day of 18 , we the said trustees assembled at the house of worship of said church or congregation in said town, for the purpose of forming ourselves and our successors into a body corporate, by virtue of the general incorporating act of this State, and that we did then and there fix the following as the name or title by which such trustees and their successors shall be known and designated, and which we hereby certify, to wit: "The First Reformed Protestant Dutch Church of Mexico." Witness our hands and seals, this day of 18 . In presence of A. B. [l. E. F. C. D. [l. [This certificate must be proved or acknowledged and re- corded, as before stated.] § 136. It is lawful for the trustees of any Reformed Pro- testant Dutch church or congregation, elected by virtue of any former law of the State, by a writing under their hands and seals, proved or acknowledged, and recorded as in the other case, to declare their will not to continue any longer a body corporate, and thereupon such body corporate will cease, and all the estate, real and personal, held by them, will pass to and be vested in the trustees of such church or congregation, made a body corporate in the maimer herein- before directed. This provision of the statute, however, is of little or no practical utility at the present day, for the reason that most of the churches and congregations of the denomination now incorporated have become so by special charter, or by proceedings under the general incorporating act of the State. {Statutes last cited.) § 137. The churches or congrfegations in connection with the church which has styled itself the true Reformed Dutch RELIGIOUS COEPORATIONS IN NEW YOEK. 69 church in the United States of America, may incorporate themselves in the mode and manner prescribed for the incor- poration of Eeformed Protestant Dutch churches, which has been explained in the preceding sections of this chap- ter, and to which reference is made for specific directions. {Laws of 1825, Qh. 303, 8ec. 1; 3 Stat, at Large, 698.) ^ 138. The minister or ministers and elders and deacons, and if there be no minister at any time, then the elders and deacons of every Eeformed Presbyterian church or congre- gation, elected according to the rules, constitution and usages of the Reformed Presbyterian churches established in the State of New York, are constituted by statute the trustees for every such church or congregation. {Laws of 1822, Ch. 187, 8ec. 1; 3 Stat, at Large, 697.) % 139. The elders and deacons of the Eeformed Presby- terian church or congregation are supposed to be elected in the same way as the elders and deacons of other Presbyte- rian churches in the United States, which is by the congrega- tion, or, in most cases, by the baptized members of the congregation, and the officers elected must be male members, in full communion with the church in which they are to exer- cisp their functions. § 140. The trustees of any Reformed Presbyterian church or congregation, not already incorporated, may become a body corporate by taking the same steps in every respect as are prescribed for the incorporation of Eeformed Protestaiot Dutch and true Eeformed Dutch churches in the Stale, which have been heretofore particularly described in this chapter, and to which it is only necessary that reference be made. {Laws of 1822, last cited.) % 141. So, also, when any Eeforme^d Presbyterian chtirch 70 THE LAW OF EELIGIOUS SOCIETIES. or congregation shall, by resolution duly passed at the meeting of the church or congregation, determine that the deacons of such church or congregation shall be the trus- tees for such church or congregation alone, it is made lawful for the deacons of every such church or congregation to be trustees of every such church or congregation, provided- they shall have been elected according, to the rules, consti- tution and usages of the Eeformed Presbyterian church, and are actively engaged in the exercise of their office in said church or congregation, and if such trustees are not already incorporated, they can become so in the mode before pre- scribed. {Laws of 1866, Oh. 447.) CHAPTER XL RELIGIOUS SOCIETIES .IN NEW YORK — INCORPORATION OE FREE, OHXIECHES — FORM OF PROCEEDING CORPORATE POWERS — ^ THE TRUSTEES VACANCIES, HOW FILLED THE SEATS AND PEWS. § 142. Any seven or more persons, of full age, being citi- zens of the United States, and a majority of them residents of the State of New York, who shall associate themselves together for the purpose of founding and continuing one or^ more free churches, may become a body corporate, and enjoy the benefits, and be subject to the obligations of a religious corporation. In order to become incorporated, they must make and sign, and acknowledge before an officer authorized to take the acknowledgment of deeds of land, a' certificate, in writing, in which must be stated the name or title by which the society shall be known in law, the purpose of its organization, and the names of seven tnistees, of whom EELIGIOtJS COBPOEATIONS IN NEW YORK. 71 not less than five must be persons who are not ministers of the gospel or priests of any denomination, to manage the same. It would seem that unnaturalized aliens cannot avail themselves of this provision of law, as the corporators are required to be citizens of the United States. {Laws of 1854, Ch. 218, 8ec. 1; 3 Stat, at Large, 704.) § 143. The certificate may be in the following form: State of New York, ( Oounty of Omjoego, ) We, whose names are hereto subscribed, and all being citizens of the United States, and a majority of us residents of the State aforesaid, do hereby certify that we have asso- ciated ourselves together for the purpose of founding and continuing a free church in the town of Volney, in the county and State aforesaid. That the name or title by which the society shall be known in the law, fixed upon by us, is " Thfe First Swedenborgian Society of Volney." That the pur- pose of the organization of the said society is to sustain religious worship, and the exposition of the Scriptures; and that the following are the names of seven trustees selected to manage the same, of whom at least five are not ministers of the gospel or priests of any denomination, to wit: A. B., C. D., &c., &c. Dated this day of , 18 . (Signatures.) § 144. The certificate should be in duplicate, that is, twice made, or the original instrument copied, and each signed by all the parties, and acknowledged. It will not do as in the other cases, to prove the certificate as deeds may be proved, for the statute requires it to be acknowledged. The certifi- cate of acknowledgment may be in the form of the certifi- cate of acknowledgment of a deed, and the proper officer can readily draw it; but it must be indorsed upon each duplicate copy of the corporators' certificate. {Laws last cited.) 72 THE LAW OF EELIGIOU8 SOCIETIES. § 145. The duplicate certificates being duly signed and acknowledged, they must then be presented to a justice of the Supreme Court of the district in which the church or society is intended to be established, or if in the city of New York, to a judge of the Superior Court of that city, for his written consent and approbation to be indorsed thereon. This consent must be indorsed upon each dupli- cate certificate, and signed by the justice or judge to whom it is required to be presented. {lb.) § 146. One of the duplicate certificates thus indorsed by the justice or judge, as the case may be, must then be filed in the office of .the Secretary of State, and the other dupli- cate must be filed in the office of the clerk of the county in which the church is to be established; whereupon the per- sons named in such certificate as trustees, and their success- ors, being citizens of the United States and residents of the State of New York, become a body politic .and corporate. {lb., Sec. 2.) § 147. The society thus incorporated and their successors may have and use a common seal, and alter and change the same at pleasure; and may by their corporate name, be capable, in law, of taking, receiving, purchasing and hold- ing real estate, for the purposes of their corporation, but for no other purpose, to an amount not exceeding the sum of fifty thousand dollars in value, and personal estate, for like purposes, to an amount not exceeding the sum of seventy- five thousand dollars; but the clear annual income of such real and personal estate must not exceed the sum of ten thousand dollars. {lb. and Laws of 1848, Ch. 319, Sec. 2; 3 Stat, at Large, 706.) § 148. The limitation specified and contained in the last preceding section, of the value of real estate that may be EELIGIOUS COEPOEATIONS IN NEW YOEK. 73 held by any society in the city or county of New York, in- corporated under the foregoing provisions of this chapter, is declared not to be applicable to any church edifice erected or owned by such society, or the lot of ground on which the same may be built. (/5.) § 149. The society thus incorporated may also make by- laws for the management of its affairs, not inconsistent with the Constitution and laws of the State, or of the United States; and may also elect and appoint the officers and agents of such society, for the management of its business, and allow them a suitable compensation for their services. {lb.) § 150. The trustees of the society have the control and management of the affairs and funds of the said society, a majority of whom are declared to be a quorum for the trans- action of business, if not otherwise provided by the by- laws, except that no purchase, leaSe, or sale of real estate must be made, unless two-thirds of the whole number shall be present at the meeting at which it is ordered. (lb., and Sec. 3 of Laws of 1848, Oh. 319, as amended by Laws of 1853, Oh. 487.) & 151. The trustees of the society, present at any meeting authorizing the contraction of any debt, and assenting to, or acquiescing in the passage of any resolution, or even author- izing the same, are made jointly and severally liable for any such debt, provided a suit for the collection of the same shall be brought within one year after the debt may become due and payable. {lb., and Sec. 7 of Laws of 1848, Ch. 319, as amended by Oh. 487 of Laws of 1853; 3 Stat, at Large, 707.) ^ 152. The society may take, hold and receive any pro- \ 74 THE LAW OF EBLIGIOUS SOCIETIES. perty, real or personal for the purposes aforesaid, by virtue of any devise or bequest contained in any last will or testar ment of any person whatsoever, the clear annual income of which devise or bequest shall not exceed the sum of ten thousand dollars, provided, no person leaving a wife or child or parent, shall devise or bequeath to such society more than one-fourth of his or her estate, after the payment of his or her debts; and such devise or bequest mil be valid to the extent of such one-fourth; and no such devise or bequest will be valid, in any will which shall not have been made and executed at least two months before the death of the testator. (Laws of 1854, aforesaid; and Laws of 1848, aforesaid, Sec. 6.) § 153. There would not seem to be any limit to the amount of real and personal property, which the society may hold by virtue of devise and bequest, except that the clear annual income of any one devise or bequest must not exceed the sum of ten thousand dollars. The provision in regard to the proportion of the estate which the testator may devise or bequeath to such society in certain cases, and the date of the execution of the will, was undoubtedly made to guard against improvident testamentary disposition of property by persons in extremis, in derogation of the claims of near relatives. {Willard's Eq. Juris., 576.) § 154. It would seem that the societies of these free churches, are subject to the visitation and inspection of the justices of the Supreme Court, or by any person or persons who may be appointed by the Supreme Court of the State; and it is made the duty of the trustees of any such society, or a majority of them, in the month of December in eacli year, to make and file' in the county clerk's office where the original certificate of incorporation is filed, a certificate under their hands, stating the names of the trustees and KELIGIOUS COEPOEATIONS IN NEW YOKK. 75 officers of such society, with an inventory of the property, effects and liabilities thereof, with an affidavit of the truth of such certificate and inventory, and also an affidavit that such society has not been engaged directly or indirectly in any other business than such as is set forth in the original certificate of incorporation on file. {Laws of 1854, Oh. 218, Sec. 1; and Laws of 1848, Oh. 319, Sec. 8; 3 Stat, at Large, 707.) \ 155. Any vacancies which may occur in the board of trustees of such society, must be supplied by the remaining trustees at any legal meeting of the members; but there must always be at least five members of the board, who are not ministers of the gospel, or priests of any denomination. All of the trustees of course should be members of the so- ciety. {Laws of 1854, hef ore cited, Sec. 6; 3 Stat, at Large, 705.) § 156. Additions may undoubtedly be made to the mem- bership of the society, in a mode and manner to be provided for by the by-laws of the society. The statute does not seem expressly to provide for accessions to the society, after the organization, except that it speaks of the trustees named in the certificate of incorporation, and "their successors": but the power of initiating new members must be incident to the continued existence of the corporation, and such power must therefore exist in the society. § 157. The seats and pews in every church, building or edifice owned or occupied by any corporation organized under the act of 1854, in this Chapter referred to, must be forever free for the occupation and use, during public wor- ship, of all persons choosing to occupy the same, and con- ducting themselves with propriety; and no rent, charge or exaction can ever lawfully be made or 'demanded for such 76 THE LAW OF RELIGIOUS SOCIETIES. occupaliou or use; nor can any real estate belonging to any such corporation be sold or mortgaged by the trustees thereof, unless by the direction of the Supreme Court of the State, to be given in the same manner and in like cases as provided by law in relation to religious corporations, which will be fully explained in the course of this work. {Laws of 1854, Chap, 218, Sec. 4; 3 8tat. at Large, 705.) CHAPTEE Xn. RELIGIOUS SOCIETIES IN NEW YORK ^INCORPORATION OF ROMAN CATHOLIC CHURCHES FORM OF PROCEEDING THE TRUSTEES CONVEYANCES TO THE TRUSTEES. § 158. It has not been customary in this country for the Roman Catholic churches and congregations to become in- corporated. The title to churches and other ecclesiastical property of the denomination was in the bishop of the dio- cese, and held by him in trust for the use and benefit of the respective churches and congregations in such diocese. The management of the ecclesiastical property was in the hands of the pastors respectively of each congregation, who were required to associate with them one or two reputable and competent laymen to assist in the administration of the temporalities of the church, the title remaining in the bishop. This practice was thought to foster a power in the priest- hood inconsistent with the genius of our institutions; and, accordingly, the legislature of the State of New York, in 1855, passed an act which was supposed to make the prac- tice precarious and unsafe. {Laws of 1855, Oh. 230.) \ 159. By this act it was provided in plain terms that no I^ELIGIOUS CORPORATIONS IN NEW TORE. 77 interest in property, real or personal, should be conveyable or descendible to any ecclesiastic or his successor in any ecclesiastical office; and that no title to any such estate should vest in any successor of such person; that none but legally incorporated religious societies within the State could take grants or devises of real property, dedicated or appro- priated, or intended to be consecrated, dedicated or appro- priated to the purposes of religious worship; that any real property of that description which had been theretofore granted, devised or demised to any person in any ecclesias- tical office, or orders, by the designation of such officer or orders, or otherAvise, should be deemed to be held in trust for the benefit of the church or congregation using the same; and unless previously conveyed to a religious society duly incorporated, /upon the death of such ecclesiastic, the title to the same should vest in the religious corporation formed by such congregation or religious society, provided one was organized according to the laws of the State; and that in the event that such congregation or society should not be- come incorporated, the title to such property should vest in the people of the State, to be conveyed to such congregation or society whenever it should subsequently become incorpo- rated, (lb.) § 160. The legislature of the State has now made special provision for the incorporation of Koman Catholic congrega- tions and churches. Now, the Roman Catholic archbishop, or bishop of the diocese in which any Roman Catholic church may be erected, or intended to be erected, the vicar-general of such diocese and the pastor of such church for the time being, respectively, or a majority of them, may select and appoint two laymen, members of said church, and may, together with such laymen, .^gn a certificate in duplicate, showing the name and title by which they and their success- ors shall be known and distinguished as a body corporate, 78 THE LAW OF RELIGIOUS SOCIETIES. by virtue of the act under which they propose to become iiicoi'pcyated; which certificate must be duly acknowledged, or proved in the same manner as conveyances of real estate; and one of such certificates must be filed in the office of the Secretary of State, and the other in the office of the clerk of the county in which such church may be erected or intended so to be; whereupon the church or congregation becomes a body corporate by the name or title expressed in the certifi- cate. {Laws of 1863, Ohajp. 45, 8ec. 1.) § 161. The certificate may be in the following form: m State of New York, County of Oswego, ' We, the undersigned, the Eoman Catholic Archbishop (or Bishop) of the Diocese of Albany, the Vicar General of such Diocese, the pastor of a Roman Catholic church or congre- gation in said diocese, and two laymen, members of said church or congregation, duly selected and appointed, hereby certify that the said church or congregation is hereby incor- porated under the act of the legislature entitled "An act supplementary to the act entitled 'An act to provide for the incorporation of religious societies, passed April 5, 1813,' passed March 25, 1863," and that the name or title by which we and our successors shall be known and distinguished as a body corporate by virtue of the said act, is " St. Patrick's Church, Fulton." Witness our hands this day of 18 . A. B., Archbishop, (&c. In presence of C. D. The certificate must be in duplicate, and each acknow- ledged the same as deeds, and then filed as stated in the last preceding section. (lb.) ^ 162. The persons signing^the certificates constitute the trustees of the church or congregation thus incorporated, and the successors of any such Archbishop, Bishop, Vicar RELIGIOUS 00EPOBATION8 IN NEW YOEK. 79 General or pastor respectively, for the time being, is made, by virtue of his oflSce the trustee of such church in place of his predecessor. Such laymen will hold their office respect- ively for the term of one year, and whenever the office of any such layman becomes vacant by death, removal, resigna- tion or otherwise, his successor must be appointed in the same manner as is provided for his original selection, and which is hereinbefore described in this chapter. (I6-) ^ 163. It is probable that a Eoman Catholic church or congregation can also proceed and become incorporated, if they choose so to do, under the provisions of section three of the act entitled "An act to provide for the incorporation of religious societies," passed April 5, 1813, and which will be fully explained in the course of this work. In case any such church or congregation should become incorporated under the third section of that act, their officers would be the same, and they would be governed by the same rules as other religious societies organized under the same section. § 164. The trustees of every such Eoman Catholic church or congregation, and their successors, will possess all the powers and authority granted to the trustees of any church, congregation or society, by the fourth section of the afore- said act of 1813, which will be hereafter fully described in this work. Such trustees will also have the power to fix or ascertain the salary to be paid to any pastor or assistant pastor of such church. The trustees are also required to exhibit, upon oath, to the Supreme Court, in the judicial district in which the church is situated, once in three years, an inventory of all the estate, real and personal, belonging to such church, and of the annual income thereof. The inventory must be filed in the office of the clerk of the county 80 THE LAW OF RELIGIOUS SOCIETIES. in which such building maybe situated. {Laws of 1863, Oh. 45, 8ecs. 2 and 3.) \ 165. Should any such Eoman Catholic church, thus incorporated, become dissolved by means of any non-user or neglect to exercise any of the powers necessaiy for its preservation, or otherwise, the same may be reincorporated in the manner before described, at any time within six years from the date of such dissolution, whereupon all the pro- perty, real and personal, belonging to such dissolved corpo- ration at the time of its dissolution, will vest in the new corporation. {lb., Sec. 4.) \ 166. All conveyances to any church, incorporated under the said act of 1863, of any real estate appropriated, before the passage of that act, to the use of such church or con- gregation thereof, or intended so to be, are by the said act confirmed and declared valid and effectual. {lb., Sec. 5.) CHAPTEE Xm. RELIGIOUS SOCIETIES IN NEW YORK — THE SOCIETY OF ITIIENDS — TRUSTS FOR MAY BE CREATED THE UNITED SOCIETY OF SHA- KERS TRUSTS FOR MAY BE CREATED. § 167. The society of Friends, commonly called Quakers, is a sect of Christian professors founded in England, by George Fox, about the middle of the seventeenth century. Many of them soon thereafter emigrated to America, and they are now found in all parts of the Union. They have no incorporated religious societies, but, in their stead, they have established "meetings," of which all who regularly RELIGIOUS CORPORATIONS IN NEW YORK. 81 attend them, with their families, are members. They have regular monthly, quarterly and yearly "meetings," which embrace large areas of territory, and thus extend fellow- ship, sympathy and co-operation among isolated societies, and keep aUve what they regard the primitive idea of a church. These "meetings" have become an established "institution," and are recognized in the statutes of several of the States. ' ^ 168. In the State of New York all deeds or declarations of trusts of real or personal estate, executed and delivered to any person or persons in trust or for the use and benefit of any meeting of the religious society of Friends, and the trusts thereby created or declared, are valid, and the legal estates may be transmitted, and the trusts so created or declared may be continued and pursued so long as may be required for the purposes of the trusts, by conveyances from the trustees named in such deeds to other trustees appointed by such meeting, and by conveyances from them to othelrs appointed in like manner or otherwise, according to the directions of such meeting. {Laws of 1839, Chap. 184, Sec. 1.) , " § 169. Trusts of real or personal estate, for the benefit of any meeting of the religious society of Friends, may at any time be created for the use of such meeting, according to the regulations and rules of discipline of said society; and the legal estate of any property so held in trust will become vested in the trustees, and in those to whom such property may be conveyed in trust, by the appointment of such meet- ing, so long as may be required for the objects and purposes of such trusts. (75, Sec. 2.) § 170. The provisions specified in the last two preceding sections are not to be so construed as to impair or diminish [Tt.] 6 82 THE LAW OP EELIGIOtrS SOCIETIES. the rights 'of any person, meeting or association of persons claiming to be a meeting of the religious society of Friends, which such person, or meeting or association of persons claiming to be a meeting as aforesaid, held either in law or equity to or in any real or personal estate held in trust for the use and benefit of any meeting of the said religious soci- ety prior to the division which took place in said religious society at the yearly meeting held in the city of New York, in, the month of May, in the year of our Lord one thousand eight hundred and twenty-eight. (I^-) ^ 171. No such real or personal estate can be held in trust for any meeting of such society, the annual value or income of which shall exceed five thousand dpUars. {lb.) § 172. The Shakers are an ofishoot from the Friends or Quakers, who call themselves the "United Society of Be- lievers in Christ's Second Appearing," originating in Eng- land about the year 1770, and are now confined mostly, if not entirely, to the United States. In their theological creed, as well as in their practices, they now difler entirely from the Friends. Like the Quakers, however, they have no incorporated religious societies, but hold to the principle of a community of property, and form themselves into fami- lies, uniting households or settlements, after the model of the plan of Ann Lee, the foundress of the sect, in the midst of which they have their houses of worship and schools. These societies or settlements are recognized in the statutes of the State of New York. § 173. By the laws of New York all deeds of trust in rela- tion to real and personal estate, executed and delivered prior to the first day of January, eighteen hundred and thirty, to any persons in trust for any united society of the people commonly called Shakers, are. made valid and eflectual to RELIGIOUS COEPOEATIONS IN NEW YORK. 83 vest in the trustees the legal estates and interests purported to be conveyed by such deeds, to and for the uses and pur- poses declared therein, or declared by any declaration of trusts executed by such trustees, in the same manner and to the same effect afe before the first day of January, eighteen hundred and thirty; and such legal estates and trusts, and all the legal authority with which the original trustees were vested by virtue of their appointment and conferred powers, are made forever to descend in regular succession to their successors in office and trust, who in conformity to the consti- tution of saifi society have been duly chosen and appointed. (Laws of 1839, Chap. 174, Sec. 1, as amended by the Laws o/ 1849, (7A. 373.) § 174. Trusts of real and personal property for the benefit of any such united society of Shakers may, since the passage of the said act of 1839, be created for the use of the mem- bers of such society, according to the religious constitution of such society; and the legal estates 9f any property so . held in trust is vested in the trustees and in those to whom such property may be transmitted in trust by the appoint- , ment of any such society, so long as may be required for the objects and purposes of such trust. (Laws of 1839, Chap. 174, Sec. 2, as amended by the Laws of 1852, Oh. 203, 8ec. 1.) § 175. No such society, however, can become beneficially interested in any real or personal property, or acquire any equitable, right or interest in any such property, either di- rectly or indirectly, the annual value or income of which, after deducting necessary expenses, sha-ll exceed twenty-five thousand dollars, on pain of forfeiture of the privileges con- ferred by the act; nor can any trustee be a trustee of more than one such society at the same time. {lb.) % 176. The word " society," for the purposes of the pre- 84 THE LAW OP RELIGIOUS SOCIETIES. ceding section two of the act of 1839, is declared to be con- strued and understood to mean and include all persons of the religious belief of the people called Shakers, resident within the same county. {Laws of 1839, Ch. 174, Sec. 3.) CHAPTEE XrV". EELIGIOUS SOdBTEBS IN NEW YORK — DfCOEPOEATION OF OTHEE RELIGIOUS SOCIETIES — FORM OF PROCEEDING THE TRUS- TEES QUALIFICATION OF VOTERS — ELECTORS TO BE REGIS- TERED. § 177. The male persons, of full age, belonging to any church, congregation or religious society in the State of New York, other than those already hereinafter noticed, desiring to become incorporated, may assemble at the church, meet- ing house, or other place where they statedly attend for divine worship, and, by a plurality of voices, elect any num- ber of discreet persons of their churchy congregation or society, not less than three nor exceeding nine in number, as trustees, to take the charge of the estate and property belonging thereto, and to transact all affairs relative to the temporalities thereof. {Laws of 1813, Oh. 60, 8ec. 9; 3 Stat, at Large, 689.) % 178. Every male person of full age, wKo has statedly worshiped with such church, congregation or society, and has formerly been considered as belonging thereto, is enti- tled to vote at this first election. {lb.) § 179. The minister of such church, congregation or society, or, in case of his death or absence, one of the elders RELIGIOUS CORPORATIONS EST NEW TOItK. 85 or deacons, church wardens or vestrymen, .and for want of such officers, airy other person, being a member or stated hearer in such church, congregation or society, must publicly notify the congregation of the time when and the place where the said election is to be held, at least fifteen days before the day of such election. This notification must be given for two successive Sabbaths, or days on which such church, congregation or society shall statedly meet for public worship, next preceding the day of such election. This notice is a very simple one, and no form of it need be given. {Laws of 1813, Oh. 60, Sec. 3; 3 Stat, at Large, 690.) § 180. On the day of such election two of the elders or church wardens, and, if there be no such officers, then -two of the members of the said church, congregation or society, to be nominated by a majority of the members present, must preside at such election, receive the votes of the electors, be the judges of the qualifications of such, electors, and the officers to return the name of the persons who, by plurality of voices, may be elected to serve as trustees for the said church, congregation or society. {lb.) \ 181. Immediately after such election the presiding and returning officers must execute an instrument, under their hands and seals, certifying the names of the persons elected to serve as trustees for such church,, congregation or society, and the name or title by which the said trustees, and their successors, shall forever thereafter be called and known. This name or title mpst be determined by the vote of the electors, and particularly mentioned and described in the certificate. {Jb,) § 182. The certificate may be in the following form: 86 the law of eeligious societies. State op New York, ? . County of Oswego^ ) ' ^ We, the undersigned, two of the elders t^or church war- dens, or members) of the church (or congregation, or religious society) hereinafter mentioned, do certify that on the day of ^ , 18 , the male persons, of full age, belonging to a church (or congregation, or religious society) in which divine worship is celebrated according to the rites of the Presbyterian (or, as the case may be) church, and not already incorporated, met at the place of worship hereto- fore occupied by the said church (or congregation, or society) in the town of Volney in said county, for the. purpose of incorporating themselves; and did then and there elect by plurality of voices, A. B., C. D.. &c.. &c. (not less than three nor more than nine persons), as trustees for the said church (or congregation, or society) and the said persons did then and there also determine, by the like plurality of voices, that the said trustees, and their successors, should forever hereafter be called and known by the name and title of " The First Presbyterian Church of Volney." Witness our hands and seals this day of , 18 . In presence of E. F. A. B. [l. S.1 C. D. [L. s.] § 183. This certificate, after being signed and sealed, must be proved or acknowledged and recorded, the same in all respects as in the case of Protestant Episcopal churches, which has been fully explained in a previous chapter of this work, and to which it is only necessary, in this place, to refer for particulars. Upon the certificate being recorded, the said trustees, and their successors, become a body cor- porate by the name or title expressed in such certificate. {Statutes last cited.) • ^ 184. The trustees first chosen will continue in office for the term of three years from the day of their election, and immediately.after such' election the said trustees must be divided by lot into three classes, numbered one, two and EELIGIOUS COEPORATIONS IN NEW YOKE. 87 three, and the seats of the members of the first class will be vacated at the expiration of the first year, and the members 6f the second class at the expiration of the second year, and the members of the third class at the expiration of the third year; so that the third part of the whole number of trustees, as nearly as possible, may be annually chosen. It will be observed that although the statute provides in terms that the trustees first chosen shall continue in office three years, virtually, only one-third of their number hold their office for that term; but the whole provision taken together, plainly indicates the course to be pursued. {Laws of 1813, Ch. 60, Sec. 6; 3 Stat, at Large, 692.) % 185. The trustees or a majority of them must, at least one month before the expiration of the office of any of the trustfees, notify the same in writing to the minister, or in case of his death or absence, to the elders or church war- dens, and in case there be no elders or church wardens, to the deacons or vestrymen of the church, congregation or so- ciety, specifying the names of the trustees whose terms will expire; and the said minister or other officer, in case of the contingency specified, must notify the members of the church, congregation or society in the same manner as of the first elec- tion, of such vacancies, and appoint the time and place for the election of new trustees to fill up the same. The election must be held at least six days before the vacancies happen, and all such subsequent elections must be held and conducted by the same persons, and in the same manner, as directed in § 179. {lb.) \ 186. The result of such subsequent election must be cer- tified by the persons presiding thereat, and their certificate will entitle the persons elected to act as such trustees; and in case any trustee shall die or refuse to act, or remove away within the year, notice thereof must be given by the remain- 88 THE LAW OF RELIGIOUS SOCIETIES. ing trustees, and a new election appointed and held, and another trustee elected in his stead, in the same manner as hereinbefore specified in this chapter. {lb.) § 187. No person belonging to any church, congregation or society intended by the provisions of the act referred to, and hereinbefore specified in this chapter, is entitled to vote at any election succeeding the first, until he shall have been a stated attendant on divine service or worship in the said- church, congregation or society at least one year before such election, and shall have contributed to the support of the said church, congregation or society, according to the usages and customs thereof. {Laws of 1813, Ch. 60, 8ec. 7; 3 8tat. at Large, 692.) ^ 188. Stated attendance, to qualify a person to become a voter at an election held by a religious society after its first election, must be interpreted to mean the personal presence of the voter statedly at the religious meetings of the society. The regular attendance of the wife or other member of the family is not sufficient. Persons attending the religious meetings of the society but a few times in the course of a year, or only occasionally, though regular contributors to its support, are not voters within the meaning of the seventh section of the act for the incorporation of religious societies. So also the contribution and support must be according to the usages and customs of the society; which implies that the contributions must be of *a vital and substantial character. However, an election of trustees will not be set aside and declared void, merely because certain illegal votes were received, which did not change the result of the election. {People v. Tidhill, 31 N. T. R. 550.) §189. The clerk of the board of trustees . must keep a register of the names of all persons who may desire to be- . REUGIOUS COEPOEATIONS EST NEW YORK. 89 come stated hearers in such church, congregation or society, and must note the time when such request was made, and such clerk must attend all such subsequent elections, in order to test the qualifications of such electors, in case the same be disputed or questioned. .(Laws of 1813, CL 60,. Sec. 7; 3 Stat.. at Large, 693.) § 190. Parol evidence of the number of persons entitled to vote at an election of trustees is admissible, although a regular register of the names of the stated hearers in the church, congregation or society may be kept by the clerk. This fact does not prevent the introduction of parol proof as to the number of the members of the church, congrega- tion or society who are entitled to vote. The object of the register is to test their right to vote, and that seems to be the only use to which it is required to be put. {The People V. reck, 11 Wend. 605.) § 191. We have before seen that an election of trustees of the church or society will be good, although the require- ments of the statute in respect to the notice of such election may not have been complied with, provided the election was fairly conducted, and there was no just complaint of want of notice. But if omissions were fraudulently made, ' or the election had been prejudiced by the omissidn of the statu- tory requirements, the election would be invalidated by the neglect. The statute must be liberally and reasonably con- strued for the benefit of the churches. So also the certifi- cate of the election of the trustees, to be given by the pre- siding officers, is good, although not made out until months after the election. The presiding officers are required to certify the result of the election immediately, but the statute in this respect is directory merely, and the votes of the mem- l)ers cannot be made ineffectual by the neglect of the presid- ing officers. (lb-) 90 THE LAW OF RELIGIOUS SOCTETIES. ^ 192. It seems, however, that an election of trustees would be irregular, if the persons specified in the statutes to be chosen to preside as inspectors of election were not selected. These persons are, as we have seen, two of the elders or church wardens; and if they are present they must be se- lected; but if there are no such officers, or being such, they are not present, then two members of the church or society may be nominated by a majority of the members present, to pre- side. A clergyman or preacher of the Baptist church, though ordinarily called an elder, is not an elder within the mean- " ing of the statute regulating these elections. (lb.) § 193. When a person is proceeded against by information in the nature of a quo warranto, to oust him from the office of trustee of a religious corporation, and he claims title to the office by virtue of his election for a former term, which had expired, and a failure to choose a successor, whereby he is entitled to hold over, he must show positively in his plea that no one has at any time been chosen to succeed him. A statement that an attempt had been made to choose a new trustee without success, will not be sufficient. {The People V. Phillips, 1 Denio, 388.) § 194. A party who, at an election of trustees of a reli- gious corporation, has a minority only of the votes received by the inspectors, cannot, upon a quo warranto information, be declared elected, though it may appear that a number of other legal votes, sufficient to have made up a majority, were offered to be given in his favor and were erroneously rejected. It is doubtful whether a person receiving a majority of the votes given can be ousted by showing that a number of legal votes sufficient to have elected his competitor were offered and illegally rejected; though the question has not been authoritatively decided. (lb.) BELIGIOUS COKPOBATIONS IN NEW TOBK. 91 CHAPTEE XV. BELIGIOUS SOCIETIES IN NEW YOEK-^SOCIETY NOT DISSOLVED BY NEGLECT TO APPOINT TRUSTEES PROCEEDING AFTER SUCH NEGLECT — CERTAIN RELIGIOUS CORPORATIONS CONFIRMED RE-ESrCORPORATION OF DISSOLVED SOCIETIES THE CERTIFI- OATE ^NAME OF SOCIETY, HOW CHANGED. § 195. Nq church, congregation or society incorporated under the provisions of the statute set out and explained in the last preceding chapter, will be deemed to be dissolved because of their neglect, at their stated annual election, to choose any one of the three classes of trustees provided for; but the. trustees in office at the time of such neglect will con- tinue to hold their offices until others are chosen in their stead. (Laws of 1826, Ch. 47, Sec. 1; 3 Stat, at Large, 698.) ^ 196. If the neglect to choose such trustees happen through defect of due notice or otherwise, the trustees of the church, congregation or society, or a majority of them, must immediately thereafter give notice thereof in writing to the minister, or in case of his death or absence, to the elders or church wardens, and in case there shall be no elders or church wardens, then to the deacons or vestrymen of such church, congregation or society; whereupon the minister or other officers must proceed to notify the members of the church, congregation or society of such neglect or omission, and appoint the time and place for the election of new trus- tees to remedy the same. At least fifteen days' notice of the election must be given in the maimer specified in section 179. (lb.) ^ 197. The election referred to in the last preceding sec- 92 THE LAW OF RELIGIOUS SOCIETIES. tion must be held and conducted by the same persons, in the same manner, and the result certified in ]ike manner as is prescribed for the annual election of trustees, which has been fully explained in the last preceding chapter, and will have the same force and effect as annual elections regularly held, and not otherwise. Such election, however, must be held within one year after the omission to choose such trustees actually occurred. {Laws of 1826, Ch. 47, Sec. 1; Laws of 1844, Ch. 158, Sec. 3; 3 Stat, at Large, 699 and 702.) § 198. Every corporation of any church, congregation or religious society made pursuant to any law of the State prior to the passage of the general incorporating act of 1813, and organized in conformity to the directions contained in the act of 1813, was established and confirmed by an express provision of the said act of 1813, and deemed to have com- menced from the time of recording the certificate. {Laws of 1813, Ch. 60, Sec., 13; 3 Stat, at Large, 694.) § 199. In case of the dissolution of any religious corpora- tion referred to in the last preceding section, or of any cor- poration formed under the aforesaid act of 1813, by reason of a non-compliance with the directions contained in the last mentioned act, such religious society may be re-incorporated in the manner prescribed in the said act, at any time within six years after such dissolution; and thereupon all the estate, real and personal, formerly belonging to the same, will vest in the new corporation the same as though such religious corporation had not been dissolved. {lb.) § 200. Several religious societies in the city of New York, seeking to incorporate themselves under the general incor- porating act, by mistake caused their certificate of incorpo- ration to be recorded in the office of the clerk of the city and county of New York- instead Qf the office of the register RELIGIOUS CORPORATIONS EST NEW YORK. 93 of the' city, as required by the general act, and therefore the legislature in 1863 passed an act declaring that the record- ing of every such certificate in the office of such county clerk, prior to the passage of such act, should be regarded and con- strued, and such recording be of the same validity, force and effect as would have been the recording of such certificate in the office of the register of the city and county of New York; and every act, deed, matter and thing done or performed by everj'^ such religious society since the recording of its certifi- cate in the office of said clerk, was by the said act ratified ■and confirmed, and declared to be as valid in all respects as if said certificate had been recorded in the office of said re- gister. It was, however, declared by the last mentioned act that its provisions should not affect any writ or proceeding already commenced at the time of the passage of said act, arising out of such original mistake. {Laws of 1863, Qh. 287, Sec. 1.) § 201. The certificate of the first election of trustees for a religious society, referred to in the last preceding chap- ter, will be valid if it contain the names of the persons elected as trustees, and the corporate name by which the trustees and their successors are thereafter to be known. A compliance with the requirements of the statute in respect to the giving notice of and conducting the election, the quali- fications of the electors and returning officers, and generally in all other respects, may be inferred fromthe record of such certificate and continued user under the same. A statement in the certificate that the presiding officers were elected by a plurality of votes, is sufficient in that regard, if it do not negative the fact that they were chosen by a majority. The latter fact will be inferred in the absence of contrary evi- dence. {Methodist Episcopal Union Church v. Pickett, 19 m Y. R. 482.) 94 THE LAW OF EBLIGIOUS SOCTETIBS. § 202. In case the name of any religious society, by reason of the change of its location or place of worship, or of the name of the place in which its place of worship is situated, or any other change of the circumstances with reference to which its name was adopted, has become incongruous or inconvenient, or the location or character of such society may be more correctly or effectually designated by another name, the corporate name of such society may be changed to any' other name not previously assumed by any existing religious corporation. {Laws of 1853, Ch. 323.) § 203. Such change of name of such religious society will and may be effected by a petition on behalf of such society, verified by oath or affidavit, presented to the county judge or a Justice of the Supreme Court, within the county in which the corporation was originally incorporated and may be located, setting out the facts justifying or making desira- ble such change, upon which the judge or justice, on being satisfied of the truth thereof, may make an order authorizing such corporation to assume the new name proposed. Within ten days after such order may be granted, a copy of it is requi/ed to be published in a public newspaper in the county aforesaid; and within twenty days after the granting of such order, the petition and verification thereof, the order and an affidavit of the publication of a copy thereof must be filed in the office of the clerk of the county aforesaid. {lb., and also Laws of 1847, Gh. 464.) EELIGIOUS CORPOPATIONS IN NEW TOEK. 95 CHAPTEE XVI. RELIGIOUS SOCIETIES IN NEW TOEK POWERS OF OHTJECH TRUSTEES HOW THEIR NUMBER MAT BE REDUCED. ^ 204. The trustees of every church, congregation or society may respectively have and use a common seal, and may renew and alter the same at pleasure, and are authorized and empowered to take into their possession and custody all , the temporalities belonging to such church, congregation or society, whether the same consist of real or personal estate, and whether the same shall have been given, granted or devised directly to such church, congregation or society, or to any other person for their use. {Laws of 1813, Ch. 60, 8ec. 4; 3 8tat. at Large, 690.) ' § 205. The trustees of such church, congregation or society, may also, by their corporate name or title, sue and be sued in all courts of law or equity, and recover and hold and enjoy all the debts, demands, rights and privileges, and all churches, meeting-houses, parsonages and burying places, with the appurtenances, and all estates belonging to the church, congregation or society, in whatsoever manner the same may have been acquired, or in whose name soever, the same may be held, as fully and amply as if the right or title thereto had originally been vested in such trustees. They may also purchase and hold other real and personal estate, and demise, lease and improve the same, for the use of their respective church, congregation or society, or other pious uses, so as the whole real and personal estate of such church, congregation or society shall not exceed the annual value or income prescribed by law; and they may also repair and alter their churches or meeting-houses, and erect 96 THE LAW OF EELIGIOU8 SOCIETIES. others, if necessary, and erect dwelling-houses for the use of their ministers, or school-houses and other buildings, for the use of the church, congregation or society. (/§.) § 206. So, also, the trustees have the power to make rules, regulations and orders for managing the temporal affairs of the church, congregation or society, and to dispose of a;]l moneys belonging thereto; and to regulate and order the renting the pews in their churches and meeting-houses, and the perquisites for the breaking of the ground in the ceme- . tery or church yards, and in the said churches and meeting' houses for burying the dead, and all other matters relating to the temporal concerns and revenues of the church, con- gregation or society. (Laws of 1813, Chap. 60, S6c. 4; 3 Stat, at Large, 691.) § 207. The trustees have the further power to appoint a clerk and treasurer of their board, and a collector to collect and receive the rents and revenues, and to regulate the fees to be allowed to such clerk, treasurer and collector, and them or either of them to remove at pleasure, and appoint others in their stead. The clerk of such board of trustees is required to enter all rules and orders made by the trustees, and payments ordered by them, in a bobk to be provided by such trustees for that purpose. (/6.) \ 208. The trustees have simply the cow^t-o? of the tempo- ralities of the church, congregation or society. They are in no sense the owners of the property. The property under their control and in their custody as such trustees, in fact belongs to the corporate body, and the legal possession, for the purposes of an .action relating to it, is in the society. And the trustees of a religious society, incorporated under the general act, have no power to alienate or make an abso- lute sale of the real estate of the corporate body, though EELIGIOUS CORPORATIONS IN NEW YORK. 97 they may lease and improve the same. (Voorhees v. Presby- terian Church of Amsterdam, 8 Barb. 135.) \ 209. As has been observed, the temporalities of the church, congregation or society are committed to the charge, care and custody of the trustees, but it is nevertheless their duty to see that they are fairly and fully devoted to the pur- poses which the founders had in view when they organized the same. All authority conferred upon them is necessarily subordinate to this great end; and all exercise of it, beyond the legitimate attainment of this end, is usurpatiofi. Should the trustees, however, violate this plain duty, it is doubtful whether the church, congregation or society has any remedy, except to elect others in their places, when the term of their office expires. In one case it was held that this duty might be enforced by mandamus, but this has been questioned in a later case. It is doubtful even when a conveyance is made to a religious society, without any declaration of trust, whether the trustees might not apply the property to such religious-purposes, for the time being, a? they deem proper, without the interference of the court, unless the property had been so long used for a specific purpose as to furnish evidence that it was originally dedicated to that purpose. {Robertson v. Bullions, 9 Barb. 64; but see The People v. Steele,^ Barb. 397.) \ 210. But should the trustees of a religious society attempt to divert the funds and property of the society from the purposes for which they were contributed by the original donors, a court of equity would interfere to prevent it. For instance, where property is conveyed to a religious corporation, or to a religious society which afterwards becomes incorporated, to proinote the teaching of particular religious doctrines, and the funds are attempted to be diverted to the support of different doctrines, it is the duty [Tt.] 7 98 THE LAW OP EELIGIOUS SOCIETIES. of a court of equity, under its general jurisdiction over trusts, to interpose for the purpose of carrying the trust into execution according to the intention of the donors. {^Miller V. Gahle, 2 Denio, 492.) § 211. It seems that the denominational name of a reli- gious corporation or society, to which a donation is made, and the doctrines actually taught therein at the time of the gift, may be resorted to in order to limit and define the trust in respect to doctrines usually considered fundamental, such as those in dispute between trinitarians and unitarians; but not as to lesser shades of doctrine. This proposition, however, has not been authoritatively established by the court, though it has been laid down, obiter, by a distinguished judge of the highest court of New York, and is doubtless good law. (/6.) ^ 212. The trustees of an incorporated religious society cannot be divested of the temporalities of the society on the ground that they are used to pay the salary of a minister holding doctrines repugnant to the trusts of the church, but who has been chosen by the body authorized to select the minister, as it is no part of the duty of the trustees to call the minister, but only to pay the salary of the minister regu- larly called by the proper authority. {It>.) § 213. When a church is endowed vsdth property for the support of a particular faith, and is subsequently incorpo- rated, it is not competent for a majority of the church, the congregation or the corporators, or a majority of each com- bined, to appropriate such property for the maintenance of a different faith. The question of the particular religious faith or belief is not material in such cases, except so far as the court is called upon to execute the trust, and to that end it merely inquires what was the faith or belief, to maintain which the fund was bestowed. The court does not ani- EBLIGIOU8 CORPORATIONS IN NEW YORK. &9 madvert upon the religious belief of either party, or assume to determine that either is in itself right or wrong. {Knis- kern v. The Lutheran Churches of St. John^s and St. Peter's, 1 Sand. Ch. R. 439.) § 214. Two of the trustees of any church, congregation or society, except of the Protestant Episcopal church, may at any time call a meeting of such trustees, and a majority of the trustees of any church, congregation or society, incorpo- rated under the general incorporating act, when lawfully convened, are competent to do and perform all matters and things which such trustees are authorized or required to do and perform; and all questions arising at any such meeting must be determined by a majority of the trustees present; and iu case of an equal division, the presiding trustee will have the casting vote. {Laws of 1813, Chap. 60, Sec. 5; 3 Stat, at Large, 692.) § 215. The trustees of a religious society can alone bind the corporate society, and in order to execute this power, the trustees must meet as a board, so that they may have each others' views, and deliberate and decide the questions before them. The separate action of the trustees individu- ally, without consultation, although a majority in number should agree upon a certain act, would not be the act of the constituted body of men clothed with the corporate powers. {Gornmeyer v. United German Lutheran Churches, 2 Sand. Ch. B. 186.) § 216. The trustees have not the power to fix or ascertain the salary to be paid to the minister of their church, con- gregation or society. Neither can they distribute the pro- perty of the society among the individual members, or any class of them; nor can authority be conferred on them to do . so by the vote of a majority of the members and the order 100 THE LAW OF EELIGIOU8 SOCIEtlES. ' of the court. {Laws of 1813, Ch. 60, Sec. 8; 3 Stat, at Large, .693,- Wheaton v. Qaies, 18 JV. Y. Rep. 395.) § 217. The qliestion often arises with respect to the power to let temporarily the church edifice, or other rooms of a religious society, for lectures and the like, which have no connection with the objects for which the structures were erected. There would seem to be no objection to the exer- cise of such power, provided it is , not carried to the extent of interfering with the rights and convenience of the society, or perverting the legitimate ends for which the property is held. In cases of letting the church edifice for the pur- poses suggested, it has also been a question whether the trustees, or the body representing the spiritual interests of the church, its government and discipline, should assume to exercise the control; but the better opinion would seem to be that the trustees only have legal authority in the premises. Indeed, the control of the trustees in regard to the church edifice is such that, shouM they close the church doors against the minister and congregation, and the latter should break and enter the church by force, an indictment, at. the instance of the trustees, would lie against' them for the forci- ble entry. {The People v. liunkle, 9 Johns. R. 147/ Petty et al., Trustees, v. Tooher, 21 JST. Y. Rep. 267.) § 218. Whenever any religious corporation, other than those organized under special charters, may deem it neces- sary and for the interest of such religious corporation to reduce their number of trustees, it is made lawful for any such religious corporation to reduce or to increases their number of trustees at any annual meeting, though the reduc- tion or increase cannot be made so as to have a less number than three or a larger number than nine trustees in any one of said religious corporations. Care should be taken that the annual meeting of the socipty be regularly notified EEUGIOUS OOEPOEATIONS IN NEW TOEK. 101 when a change of this kind is proposed to be made, as diffi- culty might arise if the act were consummated at an irregu- lar meeting. A notice of at least two weeks must be given at a regular meeting of the society, of the time and place of holding the meeting, at which the reduction or increase may be proposed. {Laws of 1813, Ohap. 60, 8ec. 9; 3 Stat. of. Large, 693, as amended by Laws of 1866, Ch. 414.) CHAPTEK XVII. EELIGIOUS SOCIETIES IN NEW TOEK THE PRIEST OK MINIS- TER OF THE CHURCH HOW EMPLOYED FORM OF PRO- CEEDING HOW DISMISSED. § 219. The priest is a person set apart for the perform- ance of religious offices and ceremonies. The priestly office is shown by history to be nearly co-extensive with religion itself. Hardly a barbarous tribe has ever been discovered without some sort of priests to guide the people in the wor- ship of their deity. The minister is a person who serves at the altar, or administers the rites of religion; and the cler- gyman is a man in holy orders, or one who is set apart by ordination for the offices of religion. The rector is the clergyman who has charge of a parish church — literally the governor of a church. The name is usually applied to the priest or minister of the Protestant Episcopal church. The terms priest, minister, clergyman and rector are synonymous as used in the laws of the State of New York. § 220. The different denominations have different forms and methods of calling or designating their pastor or minis- ter, but there are certain prerequisites necessary to be observed in all cases, in order that the relation of pastor and people may be recognized in law, and the incumbent be able to obtain his salary from the revenues and resources of 102 THE LAW OF EELIGIOUS SOCIETIES. the society. The church, as to its ' doctrines, government and worship, is to be governed by its own peculiar rules, which, under the laws of New York, cannot be interfered with; but the priest or minister cannot be called and settled by the church or communicants only, or sent by the spiritual head of the church, when the priest or minister expects to preach in the building belonging to the society, or occupy the glebe and parsonage, or receive his support or compen- sation for his services, from pew rents or from the subscrip- tions or ordinary contributions of the stated hearers of the congregation. {Lawyer v. Oi;pj)erly, 7 Paige, 281.) § 221. The priest of a Eoman Catholic church is app6inted by the bishop of the diocese in which the church is located, and his salary is usually paid from the pew rents of the church. This practice is peculiar to that denomination, and is ordinarily attended with no difficulty, from the fact chiefly that the title to the church property is generally vested' in the bishop. The Methodist Episcopal preachers are also sent to their pople in a similar way, by the bishop who pre- sides at the annual conference, in which they are located. Their appointment, however, must be virtually ratified by the trustees and members of the societies which they are expected to serve, or they might be excluded from the church edifices and parsonages, and be unable to obtain their sup- port from the revenues of the churches. There may be one or two other denominations in which the priest or minister is appointed without consulting the trustees or society, but such cases are exceptions to the general rule, and are not regarded in the law. § 222. The rector for a Protestant Episcopal church or congregation is called and inducted by the church wardens and vestrymen, without the voice of the church or congrega- tion being necessarily obtained. Care must be taken, how- ever, when action is to be had upon the question of calling RELIGIOUS COEPORATIONS IN NEW YORK. 103 the rector, that the meeting of the church wardens and ves- trymen for that purpose be properly notified and regularly held, as required by the terms of the statute in such cases. {Laws ofl813,.Ch. 60, Sec. 1; 3 Stat, at Large, 688.) § 223. Other churches have their rules and forms for call- ing their ministers and pastors. By the form of government of the Presbyterian church, when the congregation are pre- pared to elect a pastor, it is made the duty of the church session to convene the society, if a majority of the persons entitled to vote in the case shall, by a petition, request that such meeting be called. Notice, of the contemplated meet- ing must be publicly given from the pulpit of the church on house of worship, on a Lord's day, immediately after public worship. On the day appointed for the meeting, if expe- dient, a minister invited for the purpose must preach a ser- mon, and after the sermon announce to the people that he will proceed to take the votes of the electors of the congre- gation or sdciety for a pastor, if they so desire. If such desire be expressed by a majority of voices, the minister must then proceed to take the votes accordingly. No person will be entitled to a vote in the election who refuses to submit to the censures of the church regularly administered, or who does not contribute his just proportion, according to his own engage- ments, or the rules of the congregation or society, to all its necessary expenses. If a majority of the votes cast are in fayor of the candidate, and they insist upon their right to call a pastor, the presiding minister must draw up a call in due form, and have it subscribed by the electors; and the proceedings of the meeting, together with the call, must be then laid before the presbytery to which the church belongs. {Const, of Pres. Church, 383, et sequitur.) ^ 224. If the presbytery think it expedient to present the call to the candidate, it will be presented accordingly, and 104 THE LAW OF EELIGIOTTS SOCIETIES. no minister or candidate is allowed to receive a call but through the hands of the presbytery. Should it not be ex- pedient for a minister to moderate the meeting at which the call emanates, then of course one of the elders or other member of the. congregation or society may be called to the chair and preside. In case the church session should neglect or refuse to call a meeting of the congregation or society to act upon the question of calling a pastor, upon a proper re- quest, the presbytery would order the meeting, or require the church session to do so themselves, {tt.) § 225. Whatever may be the rules and regulations pre- scribed by the churches for. calling their ministers and pas- tors, except in the case of the Protestant Episcopal church, the call, in law, must be ratified by the congregation or society, in order to give it validity; and it must be done at a regular meeting, duly called according to the custom and usage of the society. When this requisition is essentially complied with, the trustees may apply the revenues of the society to the support of the minister employed. But the moneys of the corporation cannot be reached for the sup- port of the pastor or minister in any other way. {Robertson V. Bullions^ 9 Barb. 64.) § 226. The salary of the rector of a Protestant Episcopal church is fixed by the vestry; and a call made by the church wardens and a majority of the vestrymen, addressing a writ- ten invitation to the clergyman to become their rector, and fixing his salary, is all that is required. If the call be ac- cepted by the clergyman within a reasonable time after its receipt, it is binding upon both parties. JSTo formal " induc- tion" or " institution" is necessary, unless such induction or institution is positively required by a rule of the ecclesiastical body to which the clergyman and parish belong. A call to a parish, and its acceptance, and a consequent entry upon the RELIGIOUS CORPORATIONS IN NEW YORK. 105 duties of the office of its minister, are all which we have in this country resembling the presentation, admission and in- duction of the English church; and neither these terms nor the ceremonies indicated are known to the law, as applicable to any of the churche^ in the State of New York. ( Youngs V. Ransorrif 31 Barb. 49.) § 227. In all other religious societies in the State of New Yof k, excepting the Protestant Episcopal church, the salary of the minister must be ascertained and named by a majority of the persons entitled to vote for and elect trustees, at a meeting called for that purpose. {Laws of 1813, Oh. 60, Sec. 8; 3 Stat, at Large, 693.) § 228. The persons entitled to vote for the elders and dea- cons, who, with the miliister, are the trustees of a Reformed Protestant Dutch church, are the male communicants of the church. In most other cases the electors are the male members of the church, congregation or society, who have been stated attendants on divine worship in the church, congregation or society at least one year before the election, and have con- tributed to the support of the church, congregation or so- ciety, according to the usages and customs thereof. [Laws of J813, Ch. 60, Sees. 3 and 7; 3 Stat.. at Large, 689 and 692.) § 229. "We have seen in a previous chapter that in " Free Churches " the trustees fill 'their own vacancies. In those societies, therefore, the trustees act independently in the employment of their minister, and fixing his salary. We have also observed in a previous chapter that the salarj"- of the Eoman Catholic ministers is also fixed by the officers who are designated as trustees, entirely independent of the con- gregation. These churches and societies are organized and incorporated under special provisions, and are therefore out- side the general rule. {Ante §§142, 150, 151, 164.) 106 THE LAW OF EELIGIOUS SOCIETIES. § ^30. It is necessary in all cases that the salary of the priest, minister or pastor be ratified by the trustees of the society, or a majority of them, by an instrument in writing, under their common seal, and then such salary can properly be paid by the trustees out of the rej enues of the church, congregation or society. {Laws q/^1813. Oh. 60, 8ec. 8; 3 8tat. at Large, 693.) § 231. Unless the salary of the minister be regularly and legally fixed in the manner indicated, the trustees would violate their duty by sufiering such minister to be employed, and it is the right and duty of the trustees to withhold their assent to the call of the minister, when there is . reason to believe that the employment of the individual selected by a majority of the church or society will destroy the peace and harmony of the church or congregation. The trustees are the representatives of the rights of the whole congregation, and they should act in all cases so as best to promote their interest, peace and comfort. {Oerman Reformed Church v. Buche, 5 Sand. 8. O. R. 666; Lawyer v. Oipperly, 7 Paige, 281.) § 232. The instrument by which the minister is called and his salary fixed may be in the following form: — "The congregation and society of the First Presbyterian Church of Fulton " being, on sufficient grounds, well satisfied of the ministerial qualifications of you, Jacob Faithful, and having good hopes that your ministrations in the gospel will . be profitable to our spiritual interests, do earnestly call and desire you to undertake the pastoral office in, said congregar tion and society, promising you, in the discharge of your duty, all proper support, encouragenlent, and obedience in the Lord. And that you may be free from worldly cares and avocations, we hereby promise and oblige ourselves to pay you the yearly salary of two thousand dollars, in regular quarterly payments, during the time of your being and con- tinuing the regular pastor of such church and congregation. RELIGIOUS CORPORATIONS IN NEW YORK. 107 In testimony whereof, we have respectively subscribed our names hereto, this day of A. D. 18 . A. B., Moderator of the. meeting. C. D., &C.J Oommittee chosen by the meeting. \ 233. The call in the form suggested in the last preced- ing section^ and signed by the moderator and committeemen, does not bind the gentlemen signing it personally to pay the salary of the minister, but would be regarded in law as the act of the congregation or society* And the society, even, would not be liable to the minister who should accept the call, unless the same be ratified by the trustees, as hereinbe- fore suggested. The call, of itself, relates exclusively to the spiritual concerns of the congregation, having no relation whatever to the temporal affairs of the body corporate. Hence it must be ratified by the trustees to make it legally binding. {^Paddock v. Brown, 6 Hill, 530.) § 234. The .instrument to be signed by the trustees, rati- fying the salary of the minister fixed by the society, may be in the form following: — Whereas, at a regular meeting of the members of the so- ciety of " The First Presbyterian Church of Fulton," who were entitled by law to elect trustees for said society, held on the day of A. D. 18 , called for that purpose, a call was extended in due form to the Eev. Jacob Faithful to become the pastor of said church, and it was then and there determined at said meeting, by a majority of the persons so entitled to elect such trustees, that the salary of the said Eev. Jacob Faithful should be fixed at two thousand dollars per year, payable in regular quarterly installments during the time he should be and continue the regular pastor of said church: Now therefore, we the trustees of said society, be- lieving that the employment of the said Eev. Jacob Faithful will produce peace and harmony in said church and society, do hereby ratify and sanction the said call and salary, and employ the said Eev. Jacob Faithful to be the pastor of said church accordingly, on the terms specified in the said call. 108 THE LAW OF RELIGIOUS SOCTETTES. Witness our hands and the common seal of said society, this day of A. D. 18 . [l. 8.] A. B., &c., Trustees. § 235. The minister who may be called to the pastoral office in the form indicated, must signify his acceptance of the same within a reasonable time after it is received by him, if he desires to enter into the engagement. Should the call be accepted, the minister may bind himself to perform the undertaking on his part, by an indorsement upon a duplicate tjopy of the iijstrument executed by the trustees, in the form following: — I, Jacob Faithful, in consideration of the within call and agreement, do hereby undertake the pastoral office in the church, congregation or society within mentioned, and on the terms within specified. Witness my hand and seal, this day of A. D.' 18 . JACOB FAITHFUL, [l. s.] Duplicates of the instrument executed by the trustees Jtnd the minister should be made, and one delivered to the trus- tees and the other to the minister, to the end that each party may have in his and their possession the exact contract and engagement between them. ^ 236. Though the statute provides that the trustees shall pay the salary of the minister, regularly employed, out of the revenues of the church, congregation or society, the minister, doubtless, would have a right of action on his contract, so as to make all of the property of the society liable for the payment of the salary. A contract made in good faith with trustees de facto of a religious corporation, in the actual possession of the church edifice, books, records, seal and the temporalities of the church, will bind the society, and will be enforced, even though the election of RELIGIOUS COKPORATIONS IN NEW YORK. 109 such trustees may afterwards be adjudged illegal. {Ebaugh V. German Reformed Church, 3 E. D. Smith, 60.) \ 237. The call of the minister should be in such terms as that the pastoral relation can be amicably terminated whenever the relation may cease to be useful or agreeable to the parties. The form of the call hereinbefore suggested will answer for the purpose of meeting the contingency sup- posed. If, however, the minister, after he becomes settled, should receive sentence of deprivation, pronounced by the proper ecclesiastical judicatory, he would thereupon cease to be minister, and the temporalities of the church could not be properly or legally applied to his support thereafter. {Robertson v. Bullions, 9 Barb. 64.) § 238. When a minister is called to and settled in charge of a Protestant Episcopal parish, unless something to the contrary is distinctly expressed in the call and settlement, he cannot be dismissed except by mutual consent or by superior ecclesiastical authority, on the application of one of the parties. It seems to be the rule or regimen of the Episcopal church, as to the tenure of its parish ministers, that when they have once been placed in charge of congre- gations, they can neither leave nor be dismissed except by mutual consent, without the intervention of the bishop. {Youngs v. Ransom 31 Barb. 49.) § 239. The Eoman Catholic churches have a similar rule with respect to the settlement of their priests to that of the Protestant Episcopal, as stated in the last preceding section. But in all other denominations, unless the terms of the con- tract between the minister and people make the pastoral relation perpetual, the relation can be terminated at the option of either party. Sometimes the relation is made perpetual by the terms of the call and acceptance. In such 110 THE LAW OF EBLIGIOUS SOCIKTUSS. cases the pastoral relation, probably, cannot be seyered, except by mutual consent, or the death of the minister, or the existence of some good and legal reason why the same should be terminated. CHAPTER XVm. KELIGIOUS SOCIETIES m NEW TOEK TITLE TO CHURCH PEG. PEETY POWEE TO TAKE AND HOLD, AND FOB WHAT PBE- POSES. § 240. The title to all property acquired by a religious society in the State of New York, whether real or personal, is vested in the corporation. Whatever possession the trus- tees or officers have is the possession of the corporation. The trustees do not hold the property in trust, as their name or title of office would imply, but their position respect- ing the corporate property is the same as though they were denominated directors or managers, and their possession of such property is the same which the directors of a bank bear to the banking-house and other property of a banking corporation. The right of the trustees to intermeddle with the property of the society, is an authority, and not an estate. This would be so upon general principles relating to the legal nature of corporations, apart from the particu- lar language of the act concerning religious corporations, which confirms this view. {The People v. Fulton, 11 N. T. Eep. 94.) • • § 241. The title to the property of a religious society being in the eorporation, the alienage of one or more of the trustees or corporators will not affect it. The corporation EELIGIQtrS CORPORATIONS IN NEW YORK. Ill would not be an alien if all the coi'porators were. The trustees have no vested rights in the property as cestuis que trust; and, if they had, it seems that it would be their rights, and not the legal estate of the corporation, which would suffer the consequences of their alienage. {Cam- meyer v. United German Lutheran Churches, 2 Sand. Oh. B. 186.) ^ 242. The principle before stated does not prevent any person or persons from taking and holding any property, re^l or personal, by grant, conveyance, devise or lease, in trust for the use and benefit of any. religious society, when the terms of such trust are prescribed by the grant, convey- ance, devise or lease. The legislature of the State passed an act, in the year eighteen hundred and fifty-five, forbidding the creation of any such trust; but that statute has since been imqualifiedly repealed, and the law in this respect now stands precisely as it did before the enactment of eighteen hundred and fifty-three, (Laws of 1862, Oh. 147.) § 243. Where certain members of an unincorporated reli- gious society take an absolute deed of lands, bought with the funds of the society, upon the subsequent incorporation of the society, the title becomes vested in the corporation, and for the convenience of a recorded title, and for no other reason, a court of equity, on the application of the corpora- tion, will decree a conveyance. If ihe trust in favor of the society be expressed in the conveyance, the' legal title would vest in the corporation by force of the statute, and no pro- ceedings would be necfsssary to perfect the title of record. {Sov£h Baptist Church v. Yates, Hoff. 142; Baptist Church in Hartford v. Witherell, 3 Paige, 298; Voorhees v. Presby- terian Church of Amsterdam, 8 Barb. 135.) ^ 244. An agreement entered into with a religious commu- 112 THE LAW OF RELIGIOUS SOCIETIES. nity to convey land to them for the site of a church, may be enforced after the society is regularly incorporated, and the church is built on the premises; and a court of equity will decree a conveyance of the property to the corporation, in confoz-mity to the agreement previously entered into with the individual members of the society. {The Canajoharie and Palatine Church v. Leiber, 2 Paige, 43.) § 245. A religious corporation organized under the gene- ral incorporating act of the State, is authorized to purchase and hold real and personal estate, for the use of the church, congregation or society, or for otlj^r pious uses, so that the whole real and personal estate of such church, congregation or society shall not exceed the annual value or income of three thousand dollars. The limit in regard to the annual value or income of the real and personal estate of the cor- poration of the minister, elders and deacons of the Eeformed Protestant Dutch church of the city of New York is nine thousand dollars; of the First Presbyterian church of the city of New York, and of the several Protestant Episcopal churches of the city of New York, is six thousand dollars' each; and of the minister, elders and deacons of the Eeformed Dutch church of the city of Albany, and of the several free churches of the State, ten thousand dollars each. The free churches of the city of New York do not seem to be limited in the amount of the real and personal property which they may respectively hold. (Laws of 1813, Oh. 60, Sec. 4; Laws of 1819, Oh. 33, Sec. 3^ Laws of 1854, Ok. 218, Sec. 2; 3 Statutes at Large, 690, 696 and 705; Laws of 1863, Ch. 45, Sec. 2.) § 246. Any incorporated religious society within the State is also authorized to purchase, acquire and hold land for the purpose of a burial ground or cemetery, and may erect thereon suitable buildings for purposes connected / EEUGIOUS OOBPOEATIQKS IN NEW YORK. 113 with the dead. This privilege and .authority was first limited to the acquiring and holding of land in the city and county of New York, or in any neighboring county of the city, but, by subsequent legislation, it was extended to relir gious corporations . in every part of the State. {Laws of 1842, Gh 153, Sec. 1; Laws of 1850, Ch. 122, Sec. 3; 3 Stat, at Iiarge, 701 and 703.) § 247. Whenever any religious corporation incorporated under the general incorporating act bf the State, or by any special charter, shall deem it necessary or expedient, for the accommodation of its members, in consequence of their number or dispersed habitations, or otherwise, to increase the facilities of public worship, the vestry or trustees of such religious corporation may purchase ajad hold grounds in the sanie village, town or city, and may erect thereon suitable associate houses or churches, or convenient chapels, and may also purchase and hold other grounds for the pur- pose, and erect thereon suitable school-houses for Sunday or parochial schools of the said associate meeting-houses, churches or chapels, or may hire or purchase and hold any such grounds, with suitable buildings already erected thereon for the like purpose. {Law^ of 185,0, Oh. 122, Sec. 2; 3 Stat. at Large, 703.) § 248. A religious corporation may take by bequest, real or personal property to the amount limited by statute, for any use necessary for the purposes of the corporation. Such property need not be given, generally, for all the purposes of such corporation, but the donor may limit it to one ob- ject; for example, to provide for the support of a minister, {Williams v. Williams, 4 Seldm, 525.) § 249. But the trustees of a religious corporation cannot take a trust for the sole benefit of members of the church, [Tt.] 8 114 THE LAW OP RELIGIOUS SOCIETIES. as distinct from oth^r members of tlie society, or for the use of a portion of the corporators, to the exclusion of others. Nor can they take a trust limited to the support of a par- ticular faith or a particular class of doctrines. It would not be compatible with the office and duties .of the trustees, that they should take and hold and administer the revenues of property from the benefits of which a portion of the corpo- rators must be excluded. This would prove an entering- wedge of division, the force of which even christian charity and forbearance would scarcely be able to resist; Besides, such a trust is not authorized by the statute, and is inconsistent with its general scope and object as well as with its terms. {Robertson v. Bullions, 11 JV*. Y. Rep. 243.) % 250. When a religious society is organized as a branch or part of an established denomination, and becomes endow;ed with property given upon the faith of its being so, the trus- tees at a given time will not be permitted to employ such property in maintaining doctrine and discipline at variance with that of the denomination, even though they might be sustained by a majority of the corporators; and in such a case the intention of the donors is the criterion by which to determine the purposes to which the property of the church has been dedicated. {The People v. Steele, 2 Barb. 397.) § 251. A religious corporation may accept a legacy charged with the payment of its income to a third person for life^. and may execute the trust. It may also take property by devise, partly for its own use, and partly for the use of others; and the power to hold the property for its own use carries with it the power to execute that part of the trust which relates to others. {Matter of Howe, 1 Paige, 214.) § 252. No person having a husband, wife, child or parent can, by his last will and testament, devise or bequeath to RELIGIOUS COEPOEATIONS IN NEW YOHK. 115 any religious society or corporation, in trust or otherwise, more than one-half part of his or her estate, after the pay- ment of his or her debts, although a devise to the contrary would be valid to the extent of one-half, and no more. This restriction, like the one in another case hereinbefore referred to, was made in order to "guard against improvident testamen- tary disposition of property by persons in extremis, in dero- gation of the claims of near relatives." {Laws of 1860, Oh. 360, Sec. 1.) CHAPTEE XIX. RELIGIOUS SOCIETIES IN NEW TbEK INVENTORY TO BE EXHIB- ITED BY CERTAIN RELIGIOUS CORPORATIONS CONSEQUENCES OF NEGLECT. § 253. The treasurer, or the trustees or persons entrusted with the care and management pf the temporalities of any religious corporation in the cities of New York, Albany and Schenectady, 'the annual income of whose property shall exceed six thousand dollars, must, between the first day of January and the first day of April, tri-ennially, exhibit on oath to one of the justices of the supreme court,- or any of the judges of the court of common pleas, or the county judge of the county in which such religious corporations are re- spectively situated, an account and inventory of all the estate, both real and personal, belonging, at the time of making such oath, to the church, congregation or society for which they respectively are trustees or managers, together with an 'account of the annual revenue arising therefrom. {Laws of 1813, Ch. 60, Sec. 10; Laws o/1850, Ch. 122, Sec. 1; 3 Stat, at Large, 693 and 702.) 116 THE LAW OP EELIGIOUS SOCIETIES. § 254. In every case where a churcli or religious society has once exhibited the account and inyentory required and specified, it will not be necessary for such church or reli- gious society again to exhibit any account and inventory, unless the church or society subsequently to such exhibition shall have purchased or acquired additional lands, tenements or hereditaments within the State. {Laws of 1814, Ch. 1, Sec. 6; 3 Stat, at Large, 695. § 255. If any land purchased or acquired by a religious society for the purpose of a burial place or cemetery, and other purposes connected therewith, shall be subse- quently appropriated or applied to any use or purpose other than as above specified, it is declared by statute that every such religious society which shall so otherwise appropriate or apply the same, or suflfer it to be so other- wise appropriated or applied, shall thenceforth be subject to the provisions of law requiring the exhibition of the account and inventory hereinbefore referred to. {Laws o/"1842, Ohap. 153, Sec. 2; 3 Stat, at Large, 701.) ^ 256. When it shall appear from the account and inven- tory, hereinbefore specified and referred to, that the annual revenue of any church, congregation or religious society exceed the sum by virtue of any charter or law they may or can respectively hold and enjoy, the judge before whom the same shall be so exhibited is required to report such fact, together with such account and inventory, to the legislature ^ of the State at their next meeting. {Laws of 1813, Ok. 60, Sec. 10; 3 Stat, at Large, 694.) § 257. If any religious society required to exhibit the account and inventory specified and required by law, shall neglect to exhibit the same for the space of six years after the expiration of the time in which the same should have_ EELIGI01D8 CORPORATIONS IS NEW YORK. 117 been exhibited, and shall not then exhibit the same, and procure a certificate to be indorsed thereon by the justice of the Supreme Court, or judge of the proper county, that he is satisfied that the annual revenue arising from the real and personal estate of such corporation does not, nor has not for the six preceding years, exceeded the sum which, by law, such religious society is allowed to receive, then such religious society will cease to be a body corporate. {lb.) CHAPTER XX. RELIGIOUS SOCIETIES IN NEW YORK THE PEWS OF A RELI- GIOUS SOCIETY — RIGHTS OF PEW-HOLDERS THEIR INTEREST IN THE PEWS. § 258. A pew in a church in the State of New York is an incorporeal hereditament, and something more than an ease- ment. It is not land, but is connected with the realty and relates to it. The right of the. pew-holder is not real estate, because it extends only to the use of the pew for the purpose of sitting therein during divine service. This is an incorpo- real right, but it is one springing out of the land, and in this respect it has some of the qualities of realty. It is such an incorporeal hereditament as that in case of the death of the owner intestate, passes to the heir-at-law, and not to the personal representatives. In some of the States a pew is real estate by statute, and in others it is personal pro- perty, but in the State of New York the common law doc- trine prevails, and, accordingly, it is regarded as an incor- poreal hereditament. (3 Kent's Com. 488; McNahh v. Pond, 4 Brad. 7.) 118 THE LAW OF RELIGIOUS SOCIETIES. § 259. No order of a judge is necessary to enable the trustees of a religious society to sell the pews of the church, on account of the qualified right which the sale passes. It is not a sale of real estate, though the interest acquired is an interest in real estate, and requires a conveyance ia writing to pass a good and valid title. The trustees have no power to execute an absolute deed of a pew in fee, with- out the reservation of any rent, and their agreement to execute such a deed at a future day would be void. A pro- missory note given for the purchase money of a pew upon such an agreement could not be collected of the maker, on account of a total failure of consideration. But a provision in an agreement to pay money for the erection of a church that the slips shall be sold at auction, to the highest bidder, upon the completion oi the house, and that moneys sub- scribed may be applied in payment of bids, is not inopera- tive, so as to render the subscriptions void. The provision for a sale would be construed as meaning such a sale as the trustees are authorized by law to make, that is to say, a demise and lease of the slips. {^Freligh v. Piatt, 5 Oow. 494; First Presbyterian Church of Ithaca v. Bigelmo, 16 Wend. 28; Viele v. Osgood, 8-^Barb. 130; M. E. Union Church V. Pickett, 23 Barb. 436.) \ 260. A pew-holder acquires only a limited usufructuary interest, subject to the general right of the society. He has no title to the edifice or freehold, but a mere right of occu- pancy during divine worship. He has, however, the exclu- sive right to the possession and enjoyment of the pew for the purposes of public worship, by virtue of an individual right of property, derived, in theory at least, from the cor- poration represented by the trustees, who are seized and possessed of the temporalities of the church. The pew- owners hold and possess their seats in severalty, in subordi- nation to the more general right of the trustees in the soil RELIGIOUS COEPORATIONS EST NEW YOEK. ' 119 and freehold. These rights are distinct' and separate, and do not necessarily conflict with each other. {8haw v. Bever- idge, 3 HiU, 26; Matter of Reformed Dutch Church, 16 Barb. 237; Voorhees v. Presbyterian Church of Amsterdam, 17 Barb. 103.) § 261. A lease in perpetuity of a pew confers only a right to the use of the pew during divine service, and the lessee . takes his title in subordination to the more general right of , the trustees in the soil, and freehold, and subject to the right . and power of the trustees to alter and repair the church. If, in making alterations or repairs, the pew is necessarily destroyed, the pew-holder cannot have trespass or eject- ment. If the pew should be destroyed for convenience only. Or wantonly and maliciously, the only remedy of the pew-holder, even then, against the trustees, would be an action for damages' by way of indemnity for the loss. The presumption would be in favor of the good faith of the trus- tees, as agents or officers of the corporation, in altering the internal arrangements of the church, and yet the pew-owners would not be concluded by the exercise of an arbitrary and despotic will, on the part of the trustees, in determining the question of necessity, expediency and convenience. It is the duty of the trustees to carry out the reasonable and legal will and wishes of the corporation in a matter of this kind, and they will be presumed to have done so, in the absence of evidence to the contrary. (Voorhees v. ^Presbyterian Church of Amsterdam, supra; Cooper v. Presbyterian Church, Sandy Hill, 32 Ba;-b. 222.) § 262. The seat or pew in any house or place of public worship, occupied by the owner or his family, is exempt from levy and sale on execution against the pew-owner, and the same cannot be made liable for the debts of the pew- owner, by any legal process, so long as the same is occupied 120 THE LAW OF EEtmrOtfS BOClETlfeB. by the owner or his family as aforesaid. (2 R. 8. 307, &i^. 22; 2 Stat, at Large, 380.) ^ 263. An impression has obtained, to a considerable ex- tent, that pew-holders in a church may be assessed by the trustees to defray the salary of the minister and the ordi- nary expenses of the society. This is erroneous. If the pews have been sold free of rent, the pew-holders are not liable to pay any assessment made upon the pews by the trustees for any purpose. There is occasionally an instance where such assessment is authorized by a special statute; but, without a special enactment, it is in no case allowed. {Trustees of First Presb'^teria.n Oongregaiiqn in Hebron V. Cndkshank, 8 Jdhns. 217.) CHAPTER XXI, EEMGIOUS SOCIETIES IN NEW TOEK SALE OP THE REAL ESTATE OF A RELIGIOUS SOCIETY — CONSENT OF THE COURT NECES- SARY HOW OBTAINED — FORM OF PEOCEEDINQ DIFFERENT RULE AS TO MORTGAGES. § 264. The general common law power of corporations in regard to the dispo'sitioli of their property, real as well as personal, is co-extensive with that of natural persons. But with regard to religious societies or corporations in the State of New York, this rule does not apply. In this State no religious corporation can sell in fee any real estate, without the order of court. The powers given to religious societies are limited to purchase and hold real estate, and then to demise, lease and improve the same for the use of the con- EELUGHOXIS COKPOEAITONS IN NEW YORK. 121 gregation. This limitation of the corporate power to sell is peculiar to religious corporations. (2 Kent's Com. 282.) § 265. By the general incorporating act of the State it was made lawful for the chancellor, upon the application of any religious corporation, in case he might deem it proper, to make an order for the sale of any real estate belonging to feuch corporation, and to direct the application of the monej^s arising therefrom, by the said corporation, to such uses as the same corporation, with the consent and approbation of the chancellor, might conceive to be most for the interest of the society to which the real estate so sold did belong. {Laws of 1813, Ch. 60, 8ec. 11; 3 Stat, at Large, 694.) § 266. This provision of the general incorporating act, however, did not apply or extend to any of the lands granted by the State for the support of the gospel, familiarly known as "Gospel and School Lots." The statute expi-essiy ex- cepted these lands from that provision of the act. No reli- gious corporation can dispose of those lands by the consent of the chancellor or otherwise. {lb.) ^ 267. The constitution of the State, adopted in eighteen hundred and forty-six, abolished the court of Chancery, and superseded the office of chancellor, and vested the powers, duties and functions of that court and officer in the Supreme Court. The consent and order of the Supreme Couijt may therefore be obtained, under the present arrangement, for the sale of the real estate of such religious corporations, instead of the Chancellor as under the old system. The coupty courts may also give the consent and grant the order, and exercise the powers in all cases where the real property of the society is situated within the county in which the county judges respectively reside. {State Const. Art. XXV, Sees. 5 and 6; Code of Procedure, Sec. 30, Sub. 9.) ' 122 THE LAW OF EELiaiOUS SOCIETIES. § 268. The application for the order allowing the sale of the real property of a religious society must be made by the corporation. It is not sufficient that the trustees apply for the order, but every member of the congregation entitled to vote for trustees must have an opportunity to be heard; and such preliminary action must be had as shall make the application that of the society. The opinions of the trustees in favor • of the sale are of no moment, except as opinions of so many of the corporators.* (JVyatt Y.Benson, 2S Barb. S27; but see Matter of St. Ann's Ohurch, 23 Howard's JPr. Rep. 285; and also Madison Avenue Baptist Ohurch v. The Baptist Ohurch in Oliver street, 30 How. Pr. R. 455.") ^ 269. Should a resolution be passed by a majority vote, . at a regular meeting of the society, to disjpose of the real estate of such society, and it should subsequently appear to . the court that the application was contrary to the views and wishes of a majority of the corporators — the regular voting members of the society — the court would undoubtedly with- hold its assent to the sale of the church property. So on the contrary, it is probably no objection to the application that it was not authorized by an express vote of the corporator!)! when neither the good faith of the application nor the propri- , ety of the proposed disposition of the proceeds is questioned. . ( Wyatt V. Benson, supra; Matter of St. Ann's Ohurch, supra.) * There seems to be a conflict of authority as to the source of the application for the saJe of the real property of a religious corporation. The general practice be- , fore the Supreme Court at special tei'm, and before the county courts, is in accord- ance with the rule laid down in the text; and this would seem to be' most in keep- ing with the spirit of the statute. But in the matter of the application of St. Ann's Church in Brooklyn, to mortgage their real estate, Justice Emott, sitting at spe- . eial term, expressed the opinion that the vestry or trustees of a church might apply to the court to be allowed to sell the real estate of the church, without the actual concurrence of the society. And in the case of the Madison Avenue Baptist Church V. The Baptist Church in Oliver street, the Superior Court of the city of New York held, obiter, that the trustees might make the application for the sale of the real estate of a religious corporation irrespective of any vote of the corporators.. The better way undoubtedly is, for the society, in all oases, to direct the application. KELIGIOTTS CORPOEATIONS IN NEW YORK. 123 § 270. The court has power to make a provisional order giving a religious corporation leave to sell its real estate; for example, an order that the sale may be made for a certain price ; and for a certain legitimate purpose. But the court has no power to approve or authorize a sale , for the purpose of closing up the existence of the society and distributing its property. The court cannot approve of any plan for the , application of the proceeds of the sale of real estate, which does not regard the interests of the society as an organiza- tion to continue for the purposes of its creation. The trus- ^ tees have no power to do this, and their powers cannot be enlarged by the court. {Matter of Brick Church, 3 Udw. 155; Wheaton v. Gates, 18 N'. Y. R. 395.) § 271. The county court cannot appoint a receiver of the effects of a religious corporation, whether such corporation be insolvent or voluntarily dissolved. Even in case of a valid direction to apply the proceeds of real estate ordered . to be sold, the court could not execute the duty through the , agency of a receiver. The court can only direct the appli- cation of the proceeds by the corporation, and the proceeds cannot be legally distributed among the pewholders for one ■^ery simple reason, that they have no interest in the land . upon which the church stands, and the rights, whatever they are, cease when the edifice is destroyed or becomes perma- nently unfit for public worship. (Wheaton v. Gates, supra.) § 272. A religious corporation has power to contract for the sale of its real estate, subject to the approval of the court, and, as soon as the sanction of the court is obtained, the corporation is bound by the contract. It is not neces- sary, and perhaps not desirable, that the sanction of the court should precede the negotiation of the contract. The power of the court in the matter is a regulating power, for the purpose of preventing a violation of the trust for the 124 THE LAW OP EELIGIOUS SOCTEXIES. particular use to which the property may be dedicated, and to see that the proceeds of sale are invested or used for the like usesj and the order of the court in such cases, author- izing the sale, is permissive only, and not mandatory. An absolute sale and conveyance, and a ratification afterwards, might not be upheld, but an agreement to sell, subject to the approval of the court, will be sustained. {Bowen v. The Insh Presbyterian Congregation of the City of New York, 6 Bosw. 245.) § 273. The trustees of a religious society have power to remove their house of worship from one lot to another, without any application to the court. No authority which the court could confer would make that power more perfect. The trustees possess this right to remove their house of wor- ship, from the authority given them under the general act for the incorporation of religious societies. An application to the court is necessary only in case the trustees desire to sell the lot from which they propose to remove the building. {Matter of Second Baptist Society in Oanaan, 20 How. Pr. R. 324.) § 274. The trustees may mortgage the real estate of the society, in good faith, to secure an honest debt of the cor- porate body, without applying to the court for its assent. The execTiting of a mortgage is not a sale within the pro- visions of the general act in regard to religious societies, nor in the ordinary and popular acceptation of the term, nor, indeed, in the strict legal sense. A sale embraces the idea of a transfer of the legal title of the property sold, from the vendor to the vendee, for a consideration passing from the latter to the former. A sale, to be complete, requires the delivery of the possession of the thing sold. It was sales in this sense by trustees of religious societies that the statute was designed to restrain and regulate. But KELIGIOUS CORPORATIONS IN NEW YORK. 125 there is nothing in the spirit or policy of the statute which forbids the giving of a mortgage, or creating a lien upon the real estate of a religious society, by the voluntary con- fession of a judgment, to secure a debt legally contracted. Manning v. Moscow Presbytenan Society, 27 Barb. 52.) § 275. A corporation, whether trading or religious, may, at the common law, assign its property in trust for the pay- ment of its debts, unless restrained by its ' charter, or by some other statute. It is the duty of the trustees of a reli- gious corporation to cause its debts to be paid, and there is no legal objection to their adopting the form of a general assignment of the corporate property to effect it; though, as to the real estate, the society must obtain the assent of the court. {DeBuyter v. St. Peter's Church, 3 C'omst. 238.) § 276. Under the general act for the incorporation of reli- gious societies, the power to sell the real estate of a religious corporation is vested in the court and not in the trustees. Neither is it a power in the corporation. The court may, therefore, order that the sale be made by a referee or other person duly appointed, and the sale thus made and the con- veyance executed by the referee or other person, will be just as valid as though made by the trustees with the assent of the court. (76.) ^ 277. The petition for leave to sell real estate of a reli- gious corporation may be in the following form : — To the Honorable the ■County Court of the County of Oswego: The petition of the undersigned respectfully shows that they are the trustees of the religious society known as "The First Presbyterian Church, Fulton," a religious incor- poration organized under and in accordance with the laws of the State of New York, having no personal property except their church furniture, and no real estate except the 126 THE LAW OP EELIGIOUS SOCIETIES. lot on which stands their house of worship, and one other piece or parcel of land situate in the village of Fulton, in the county of Oswego, bounded as follows: (Add descrip- tion.) That said last mentioned piece or parcel of land is, of the value of about one thousand dollars. That the said society has incurred a debt in necessary repairs recently made upon their house of worship of about the sum of eight hundred dollars, and they have not the means of pay- ing the same except by a sale or other disposition of their real estate, and they therefore ask leave of this court to sell the said parcel' of land hereinbefore specifically described, and owned by said society, and with the proceeds pay the said indebtedness, and apply the balance in making other necessary improvements in and about their house of wor- ship. And this petition further shows that at the regular annual meeting of the said society, held at their said house of worship on the day of , 18 , at which there were present and voting a majority of the legal voters of the said religious corporation, a resolution was unanimously passed instructing the said trustees to make this application and effect a sale of said parcel of land; and that, at a meet- ing of your petitioners as a board of trustees, a resolution was unanimously passed to make this application in accord- ance with the expressed wish of the said religious society. A. B., &c.. Trustees. \ 278. The petition should be verified by affidavit, which may be in the following form: County of Oswego, ss. M. M., being sworn, says that he is the clerk (or presi- dent) of the board of trustees of the religious incorporation known as- "The First Presbyterian Church, Fulton." That he has read the foregoing petition signed by the said trus- tees, and knows the contents thereof, and that the same is true of his own knowledge or belief That he was present at the annual meeting of the society referred to in said peti- tion, and kept the minutes thereof, and that what is stated in said petition in relation thereto is true to his own know- ledge, and that the signatures to the foregoing petition are all genuine, and that the signers thereof are all the trustees of said incorporation. M. M. Sworn, &c. EELIGIOUS CO:fePOBATIONS IN NEW TOEK. 127 § 279. The order of the court in the matter may be in the following form: At a term of the county court of the county of Oswego, held at the court-house, in the city of Oswego, on the day of , 18 : Present — Hon. J. C. Churchill, County Judge. In the matter of the application of " RELIGIOUS SOCIETt^ KNOAVN AS "ThB First Presbyterian Church, Ful- ton," FOR LEAVE TO SELL THEIR REAL ESTATE. Application having been made by the trustees of the above named religious society, on behalf of the said society, for leave to sell their real estate or a part thereof, on motion of Mr. C. H. D., of counsel for said petitioners, it is hereby ordered that the said trustees be authorized to sell and con- vey the parcel of land specifically described in said petition for a sum not less than one thousand dollars, and that they appropriate the proceeds as requested in the said petition. CHAPTEE XXn. RELIGIOUS SOCIETIES IN NEW YORK — CHANGE OF CHURCH GOV- ERNMENT — ^HOW EFFECTED TRUSTEES CONTROL THE EELI- GIOUS EXERCISES — THE RIGHT TO VOTE NOT AFFECTED BY THE DOCTRINES OP THE VOTER — TITLE TO THE OFFICE OF TRUSTEE, HOW TRIED. § 280. As has been intimated in a previous chapter, cor- porations formed under the general apt for the incorporation of religious societies in the State of New York have no denominational character, and none can be engrafted upon them. The legal character of the corporation is not affected 128 THE LAW OF EELIGIOUS l?OCIETIES. • hy the existence or non-existence, or ecclesiastical connec- tion, doctrines, rites or modes of government of a church or churches formed by the corporators. Religious societies usually maintain public worship according to some specified denominational usage, but the corporation and the church, although one may exist within the pale of. the other, are in no respect correlative. The objects and interests of the one are moral and spiritual; and the other deals exclusively with things temporal and material. The existence of the church proper, as an organized body, is not recognized by the municipal law. {Petty v. Tooker, 21 iV. Y. Bep. 267.) ^ 281. The corporators of a religious society may not only select their own officers, and thus control their own property, but they may change their faith and form of wor- ship, or their discipline at their pleasure, ajqd there is no legal power to interfere, or to prevent it. They may paes from a Congregational church to an organization in connec- tion with the Presbyterian body, and vice versa. In a word, the society has the entire control of the question as respects the form of religious worship which shall be promoted by the church property. In the strong language of the courts, " it was the intention of the legislature to place the control of the temporal afiiairs of these societies in the hands of a majority of the corporators," independent of priest, bishop, presbytery or synod, or other ecclesiastical judicatory. This is the inevitable effect of the provision giving to the ma- jority, without regard to their religious sentiments, the right to elect trustees, and to fix the salary of the minister." {Robertson v. Bullions, 11 N. Y. Bep. 243; Parish of Bell- port V. Tooker, 29 Barb. 256.) § 282. The trustees of a religious society can determine, by their control of the corporate property, who shall conduct the religious exercises in the house of woiship of the society. RELIGIOUS CORPORATIONS IN NEW YORK. 129 The only restraint is in the power of the society, by vote of its members, to fix the salary of the person employed as their minister. The trustees may also make such regulations in respect to the renting and occupation of pews, as to ex- clude persons holding obnoxious opinions from becoming attendants upon worship, , and thereby obtaining a right to vote. This is the only way that the use of the church pro- perty can be restricted to the propagation of any p'articular form of religious belief, or ecclesiastical organization, unless there be some express condition affecting the grant of the corporate property. (Petty v, TooJcer, 21 JV. Y. Rep. 267.) \ 283. Persons otherwise qualified do not lose their right as corporators to vote at elections, by reason of their having individually or collectively renounced the doctrines and ecclesiastical government professed and recognized by the religious body in whose worship and service the corporate property had always been employed, and the title of trustees to office and to the control of the corporate property is not impaired by any alteration in doctrine or church government on their part, or on the part of those by whom they are elected. (/&.) \ 284. Should a religious society think proper to separate from the church with which it has previously been connected, and form a connection with another denomination, the trus- tees have the power to employ such minister as they see fit, and to exclude from the pulpit a minister appointed by the ecclesiastical judicatory with which the society was previ- ously connected. And a court of equity has no power to control their action in the employment or payment of a min- ister. {Burrel v. Assdciate Reformed Church of Seneca, 44 Barb. 282.) § 285. The remedy for an intrusion into, and usurpation [Tt.] 9 130 THE LAW OF RELIGIOUS SOCIETIES. of, the office of trustee of a religious society or corporation, is by action, by and in the name of the Attorney General, upon his own relation or upon the relation of a private party, substantially as by information jn the nature of a quo warranto under the old practice; and the title to the office cannot be tried in any other way. {^Parish of Bellport v. Tooker, 29 Barb. 256.) CHAPTEE XXm. KELIGHOUS SOCIETIES IN NEW YOEK ACTIONS BT AND AGAINST RELIGIOUS SOCIETIES-7NAME TO BE PKOSECUTED IN CAUSE OF ACTION — CHAETEE NEED NOT BE PROVED UNLESS DENIED IN defendant's ANSWER. § 286. A religious corporation in the State of New York has a cause of action for damages which it may sustain in its corporate capacity, or upon contracts entered into with it as such corporation, the same as other corporations; and it is also liable to an action in all cases where other corporate bodies would be liable; and all actions must be prosecuted by or against a religious corporation in its corporate name. ^ 287. A religious corporation has an action against a rail- road company for a nuisance, in running their cars and en- gines, ringing their bells, blowing oft' steam, and making other noises in the neighborhood of a church or meeting- house on the Sabbath, and during public worship, which so annoy and molest the congregation of the house, and render the same unfit for a place of religious worship; and the action for such injury may be brought in the name of the society in its corporate capacity, and need not be brought by the indi- EELIGIOUS COEPOEATIONS IN NEW YORK. 181 viduals affected thereby. {First Baptist Church in Schenec- tady V. The Troy <& Schenectady R. B. Oo. 5 Barb. 79.) § 288. The doctriue laid down in the last preceding sec- tion may be regarded as not fully settled. Some judges hold that in the case supposed the society cannot sustain an action for the injury, because the damage is too remote. The opinion is entertained that the religious corporation cannot sue for disturbing the congregation while worshiping in the church edifice, by making a noise; that there must be some injury to the property, immediate or consequential. Such judges hold that the congregation or society, in such case, being the persons molested, cannot maintain. an action for the injury, even though the noise and confusion might amount to a public nuisance. {The Same v. The Utica & Schenectady R. R. Co., 6 Barb. 313.) § 289. Perhaps, if the acts referred to were committed upon a week-day, and not on the Sabbath, or upon the Sab- bath, for objects contemplated in the exceptions contained in the statutes of the State, making it unlawful to labor or travel on that day, the action could not be maintained with- out showing that the acts complained of were unreasonable or willful,, wanton or malicious. The law authorizes' the run- ning of a railroad upon week-days, and for certain purposes and under certain circumstances upon the Sabbath; but every one is bound to so use his own, and so exercise his rights, as that he shall not injure the property or unreasonably impair ' the rights of another. Hence acts, sometimes lawful in them- selves, sometimes become wrongful and illegal, in conse- quence of the time or place or manner of performing them. {The Same v. The Sch. & Troy R. R. Co., svpra.) § 290. A religious corporation may maintain an action for rent accruing under a conveyance to individuals for the use 132 THE LAW OF RELIGIOUS SOCIETIES. of the church, which at the time of the grant was not incor- porated, but subsequently became incorporated and acquired the legal capacity to take and hold real estate, and in bring- ing the action the corporation need not aver its capacity to take and hold land, because the statute itself gives this capa- city to religious incorporations, which renders any such aver- ment unnecessary. {Reformed Dutch Ghurch of Schenectady V. Veeder, 4 Wend. 494.) § 291. A deed of land to trustees de facto of an unincor- porated religious society, conveys no title to the society, and individuals claiming to be the successors of such trustees cannot maintain an action against persons who are in the actual possession of the land thus conveyed, and the house of worship erected thereon, under a claim that they are trustees of and represent an unincorporated society which owns the same. Such action cannot be maintained by such trustees either for the purpose of having themselves declared to be the legal trustees of the society and the successors in office of the grantees named in the original deed of the land, or for any other purpose connected with such pro- perty. The only remedy in such cases is to get the society incorporated and then take measures to compel the convey- ance of the property to the society. {Bundy v. Birdsall, 29 Barb. 31.) \ 292. A contract made by trustees de facto of a religious corporation with an innocent person, before a judgment declaring their election illegal, is binding upon the corpora- tion, and the same may be enforced by action; and, indeed, all the rules applicable to other corporations apply to reli- gious societies, with the exceptions and limitations created by statute. {Ehaugh v. German Church, 3 E. D. Smith, 60.) § 293. In actions brought by religious corporations, as in KELIGIOUS COEPOEATIONS IN NEW YORK. 133 other domestic corporations in the State, it is not -necessary to prove, on the trial of the cause, the existence of such corporation, unless the defendant shall have pleaded in abate- ment or in bar that the plaintiff' is not a corporation. (3 Stat, at Large, ill, Sec. 3.) CHAPTEK XXIV. EELIGIOUS SOCIETIES IN NEW YORK — ^DATE OF THE PRESENT SYSTEM SUPPORT AND ORGANIZATION OF CHURCHES IN COLO- NIAL TIMES TRINITY CHURCH, CITY OF NEW YORK. § 294. The present system of incorporating religious socie- ties in the State of New York, originated in the year 1784. Previous to that date, and in colonial times, the gospel min- istry was sustained by public provision and appropriation, or by societies incorporated by special charters granted by the home government or by the acts of the Colonial legislature. In some cases public religious worship was maintained by a direct tax upon the whole people; in others by imposts, customs and penalties, and in others by the voluntary con- tributions of the members of the regularly organized relir gious society. § 295. By the " freedoms and exemptions" for New Neth- erlands, granted by the directors of the General Incorpo- rated West India Company, at the Assembly of XIX, with the approbation of the "High and Mighty Lords States General of the United Netherlands," to all "Patroons, Mas- ters and Private persons," who would plant any colonies, or introduce cattle in New Netherlands, exhibited 19th July, 1 640, it was provided that no other religion should be pub- 134 THK LAW OF EBLIGIOUS SOCIETIES. ucly admitted in New Netherlands except the Eeformed, as it was then preached and practiced by public authority in the United Netherlands; and for that purpose the company were forever to provide and maintain good and suitable preachers, school-masters and comforters of the sick. (1 Colonial History of JYew York, 123.) § 296. In the Letter of Instruction for Andris Draeyer, Commander and Schout, dated "Fort Willem Hendrick, 26th 7ber, 1673," it was expressly charged that the pure, true Christian religion, agreeably to the Synod of Dort, should be " taught and maintained in all things as it ought, without suffering any the slightest attempt to be made against it by any other sectaries." This charge was reiterated in the Provincial Instruction for the Schout and Magistrates of the "City of Willems" and "Colonies of Eensselaerwyck," dated 8th November, 1673, and again in the Instruction for the Schout, Burgomasters and Schepers of the city of New Orange, by order of the Gov. General of New Netherland, at Fort Willem Hendrick, 15th January, 1674. (2 lb. 618, 653 and 678.) § 297. Oftentimes penalties imposed upon individuals by the courts on conviction of offenses, were divided between the " Fiscal and the Church," whereby considerable revenue was realized for the support of the ministry and the preach- ing of the gospel, and as late, at least, as 1 March, 1674, a fine imposed upon a person for a criminal offense was i,'emit- ted by the court, " on condition only of paying to the church the sum of fifty guilders. Wampum value." {lb. 692.) ^ 298. In the year 1664, the English conquered the Pro- vince, and the same was surrendered by the Dutch. At this time there had been chartered in the Province four Dutch churches, with the usual powers granted to their ministers, EELIGIOUS COEPOEATIONS IN NEW YOKE. 135 elders and deacons, and, by one of the articles on the surren- der of the Province, the rights of the Dutch church were expressly reserved. For this reason the English govern- ment saw fit to favor the Dutch congregations much more than those of other denominations except the Established Church, and a charter was seldom granted to any religious society, and then to one of the Established Church. (7 lb. 586.) § 299. In 1667 a whole township of land was laid out and vested in trustees for the use of the ministers of the gospel according to the communion of the Church of England, by the Province of New York. In 1678, Gov. Andros, of New .York, reported that there were there religions of all sorts; one Church of England, several Presbyterian and Independ- ent churches, Quakers and Anabaptists, and some Jews, but states that the Presbyterians and Independents were the most numerous and substantial; and, .in 1686, Gov. Dongan»was instructed that a competent maintenance should be assigned to the ministers of such churches as then existed in the Colony, a convenient house be built at the common charge, for eaeh minister, and a competent proportion of land be assigned such minister, for a glebe for the exercise of his industry. Those, or similar instructions, were given to sub- sequent governors of the Province, in all cases making it a prominent and exacting duty on the part of the executive of the Province to promote and sustain the gospel ministry and religious worship. (3 Ih. 262, 372 and 688.) § 300. In the year 1698 Gov. Fletcher granted a charter to a Dutch church in the city of New York, though he was censured very severely for the act by the high functionaries of the Established Church. The Earl of Bellomont, in a letter to the Lords of Trade and Plantations, refers to the chartering of the Dutch church as a very extraordinary 136 THE LAW OP RELIGIOUS SOCIETIES. transaction, insisting that it was setting up a petty jurisdic- tion to "fly in the face of the government," and insinuates that the governor had received a bribe for passing the char- ter. (4 Ih. 426.) § 301. In 1697, Trinity church of the city of New York was chartered by the governor of the Province, with the royal assent. At this date a church edifice had been erected, though not yet completed, and the governor of the Province had been petitioned that this church edifice might be made parochial. It was designed for the accommodation of all the inhabitants of the city who were of the communion of the Church of England, then few in number, and a charter of incorporation of the church and inhabitants was asked, for, and accordingly granted, which declared that the edifice and certain grounds adjoining should be "the Parish and Church-yard of the Parish of Trinity Church," within the city of New York, and should be forever dedicated to the service of God, and applied for all time to the use and behalf of the inhabitants of the city who were of the Church of England. The charter further declared that this church edifice and ground adjoining should be "the sole and only Parish Church and Church-yard of the city of New York." {Letter of Hon. D. D. Barnard to the Senate of JVew York, dated March 23, 1857, page 33.) § 302. From an account of the state of the church in the Province of New York, laid before the clergy, convened October 5, 1704, at the city of New York, by the appoint- ment of His Excellency Edward, Lord Cornbury, and Colonel Nicholson, it appears that at that time Trinity church had been built, and the steeple raised to a considerable bight, by the voluntary contributions of several persons, and that the rector of the church was maintained by a tax levied upon all the inhabitants of the city, amounting to one hun- EELIGIOUS CORPORATIONS IN NEW YORK. 137 dred and sixty pounds, one hundred whereof, it was stiitcd, was "entailed forever upon the incumbent for the time being;" and that, for the further encouragement of the rec- tor. His Excellency, " out of his great goodness," had ordered in council twenty-six pounds per annum, to be paid out of the revenue, for the rent of the house of the incumbent. (3 Boc. Hist. W. Y. Ill and 112.) ^ 303. By the same account it would also appear that in 1704 there was a church in the parish of Jamaica, on Long Island, built by a tax levied on the inhabitants of the town by an act of the general assembly, which had a " high spire with a bell," but not " furnished with pulpit, pews or uten- sils," and also a house and some land recorded for a parsonage, ' which it was stated " was formerly in the possession of the Independent minister," but then "in the possession of the (then) present incumbent by his Excellency Lord Cornbury's favor." There was also, at that date a church built in New Town, by a tax levied on the inhabitants by an act of general assem bly. In West Chester there was then fifty p.ounds settled on the minister's salary by an act of assembly, and twenty acres o^land given by West Chester division for a glebe; and the few churches then existing in the province were main- tained and provided for by acts of general assembly. {lb. 114, <&c.) \ 304. In the instructions issued to Gov. Hunter in 1709, he was required to be careful that the churches already built in the province be well and orderly kept, and that more be built as the colony should, by God's blessing, be improved, and that besides a competent maintenance to be assigned to the minister of each orthodox church, a convenient house be built, at the common charge, for each minister, and a com- petent proportion of glebe assigned him. (5 Ool. Hist. 135.) 138 THE LAW OF EBLIGIOUS SOCIETIES. § 305. In the commission of Gov. Montgomerie, bearing date at Westminster 24th June, 1720, he was authorized and empowered to collate any person or persons to any churches, chapels or other ecclesiastical benefices within the province, as often as any of them happened to be void. Similar powers were conferred on Gov. George Clinton in 1741; and such powers were exercised to a considerable extent in the pro- vince before the time of Gov. Montgomerie and up to and including the administration of Gov. Clinton,, and perhaps for some time after Gov. Clinton's administration, (/i. 95, 838, and 6 ib.- 192.) § 306. Lt. Gov. Colden, in a letter to the Lords of Trade, dated 7th December, 1763, refers to the fact that the Lu- theran congregation in the city of New York had warmly so- licited of the then late Lieut. Gov. DeLancy, a royal charter of incorporation, which he did not like the responsibility of granting without advice from the home government, and that they had renewed the request to him, and he had de- clined to do anything in the premises more than to lay the matter before the Lords of Trade. He concludes by saying that he is instructed by his Majesty particularly to attend to the interests and advancement of the Church of England, but he finds nothing in his instructions to justify him in extending to other religious denominations, the ample provi- sions and indulgences which in the province had been there- tofore confined to the Church of England, except in the few instances of reserved favors to the Dutch church. (7 ib. 586.) § 307. Sufficient statements have been made to enunciate the policy under which the institutions of religion were sus- tained prior to the revolution. For the most part there was a close connection between the church and the state. All religious ministers had to be commissioned by the govern- ment, and the government was at all times reluctant to ex- RELIGIOUS COEPOEATION8 IN NEW YOEK. 139 tend any encouragement to any religious denomination except the national church. After the province was surren- dered by Holland to the English by the treaty of Breda, the government always hesitated, especially, to grant charters to the Dutch and Presbyterian churches, ostensibly lest it should have the effect to foster an establishment inconsistent with the principles of the laws of England. § 308. In 1784 the policy of incorporating religious soci- eties and sustaining the ministry was changed, and on the 6th day of April, 1 784, an act of the legislature was passed for the declared purpose of enabling all this religious denom- inations in the State to appoint trustees, who should be a body corporate for the purpose of taking care of the tempo- ralities of their respective churches and congregations, and for other purposes in the act mentioned. This act premised that many of the churches, congregations and religious soci- eties in the State, while it was a colony, had been put to great difficulties to support the public worship of God, by reason of the illiberal and partial distribution of charters of incorporation to religious societies, whereby many charitable and well-disposed persons had been prevented from contri- buting to the support of religion, for want of proper persons authorized by law to take charge of their pious donations; and many estates purchased or given for the support of reli- gious societies were then vested in private hands, to the " great insecurity of the society for whose benefit they were purchased or given, and to the no less disgust of many of the good people of the State"; and it was further premised that it was the duty of all wise, free and virtuous govern- ments to countenance and encourage virtue and religion, and enable every religious denomination to provide for the de- cent and honorable support of divine worship, agreeable to the dictates of conscience and judgment; whereupon provi- sion was made by general law for the incorporation of reli- 140 THE LAW OF RELIGIOUS SOCIETIES. gious societies in theory the same as the laws now in force 4n the State. (1 Ghreenleaf^s Laws, Oh. 18.) § 309. The policy adopted in 1784, for the incorporation of religious societies in the State, has been in force ever since, though the act has been amended from time to time, until the same has become well nigh perfect, and has been the model for several others of the States. CHAPTEE XXV. RELIGIOUS SOCIETIES IN MAINE — THE PARISH OF EARLY TIMES — ■ THE TERM STILL USED IN MAINE— RELIGIOUS SOCIETIES HOW INCORrORATED POWERS OF "RELIGIOUS CORPORATIONS — OF- FICERS THEREOF— PARISH MEETINGS QUAKERS. §•310. In the early settlements of New England there was little or no distinction between the church and congregation. The system of parishes universally prevailed. A parish, according to the English law, is " a circuit of ground com- mitted to the charge of one person or vicar, or other min- ister having cure of souls"; or, as Brande defines it, " an ecclesiastical division of a town or district, subject to the ministry of one pastor." In a church sense, parochia or parish signifies " a competent number of christians dwelling near together, and having one bishop, pastor, &c. or more set over them," jyid this is in accordance with the sense, custom and platform of the New England churches in early times. {Baker v. Fales, 16 Mass. R. 499.) § 311. The people of the parish met together every Sun- day iu one place, to celebrate divine service. All of the EELIGIOUS COEPOEATIONS IN MAINE. 141 residents were permitted to come around the communion . table, and receive the sacrament from the bishop. Subse- quently the more pious part of the congregation had occa- sion to withdraw from those they deemed profane and im- moral, or who denied some of the doctrines held to be essen- tial, and to establish a distinction by particular covenants or profession between the more serious and devout christian and him who was thought to be such in name only; and this necessity originated the distinction between church and con- gregation which was afterwards and is now marked and well known. (lb.) § 312. In the State of Maine it is now provided that any persons of the age of twenty-one years or more, desirous of becoming an incorporated parish or religious society, may apply to a justice of the peace of the county in which a ma- jority of them reside, who is required to issue his warrant to one of them, directing him to notify the other applicants to meet at some proper place, expressed in such warrant. The person to whom such warrant is directed must give notice of such meeting seven days at least before holding the same, by posting a notilication thereof on the outer door of the meeting-house or place of worship of such society, if any, otherwise at such place as the justice appoints. {liev. Stat. 1857, Ch. 12, Sec, 1.) §313. The persons thus applying, bemg so assembled, may choose a clerk and other needful parish otScers, and thereupon they are declared to be a corporation, bearing the name they assume, and possessing all the powers of parishes and religious societies. Every parish may take by gift or purchase any real or personal estate, until the clear annual income thereof amounts to three thousand dollars, and may convey such real or personal estate, and establish by- -■ 142 THE LA"W OF EELIGIOUS SOCTETIES. laws not repugnant to the laws of the State. {lb., Sees. 2 and 3.) § 314. The annual or other meetings of the parish may be called by its assessors, to be held at the time and place in the town where they are usually held, and notified in the same manner as prescribed for the first meeting to organize, or in such manner as agreed on by the votes of the parish. At such meeting the parish or society may choose a clerk (who must take an oath of office), two or more assessors, a collector, treasurer, standing committee, and all other and needful officers. The assessors must manage the prudential concerns of the parish, when no other persons are appointed for that purpose, and they must also be duly sworn. {lb. Sec. 4.) ^ 315. The moderator of any meeting has power to pre- serve order, manage the business, and administer the oath of office to the clerk and assessors. The moderator of course t^ill be elected by the meeting of the parish, and his elec- tion will be valid, though the meeting were called to order and votes were received and declared by a private parish- ioner who assumed that authority to himself. {lb. Sec. 5; and Jones v. Carey, 6 Maine li. 448.) §316. When five members of any parish in writing re- quest the assessors to call a meeting, or insert any particular article in the warrant therefor, they are required to do so; and if they unreasonably refuse to comply with such written request, any justice of the peace in the county, on like appli- cation, may issue his warrant to one of the applicants, who must notify such meeting in the same manner as prescribed for the fii-st meeting, or as agreed on by parish vote. {lb. Sees. 6 and 7.) BBLIGIOUS COEPORATIONS IN MAINE. 143 § 317. Every parish at a legal meeting may xaise money for the support of the public ministry of religion, for build- ing, repairing or removing houses of public worship, and for other necessary parish charges, and the same may be assessed and collected as State taxes are assessed and collected. Parish taxes, however, can be assessed only on the polls and property of the members of the parish. (/6. Sec. 8; and Dale V. Eirrdiall, 6 Maine R. 171.) ^ 318, When a house of public worship belongs to a par- ish', or it and the fee of the land on which it stands is vested in trustees for. the use of the parish, such parish may assess any money "raised for the purposes specified in the last pre- ceding section, wholly or partly, on the pews or seats, whether owned by members of such parish or religious society or not; and the owners may be present and vote in raising such money. No person has the right to vote in the meetings of any territorial parish who is not either the owner or occupant of a pew in its house of worship, or a contributor to its support, according to the provisions of the twelfth chapter of the Eevised Statutes herein referred to. {lb., Sec. 9, and Laws of 1858, Oh. 34, Sec. 1.) § 319. While a town constitutes but one parish, it may administer its municipal and parochial afiairs under one organization, and, while acting in this double capacity, may appropriate , 200.) § 468. Upon the refusal to serve, death or removal of any officer of a religious society or congregation, a meeting may be called in the manner before prescribed, and the vacant place supplied by a new choice. {B. S. of 1866, Title VII, Ch. 4, Sec. 207.) ^ 469. The members of every religious society or congre- gation may hold meetings when their concerns render it necessary, and may adjourn the same from time to time; and in their lawful meetings may, by a major vote, settle minis- ters according to the us&ge of the denomination of christians to which they belong, repair their house of worship, make such regulations for the support of religious worship as they may think proper, establish the time and place of holding their meetings and the mode of warming them, and appoint committee's or agents to carry into effect the votes and orders of the society or congregation, as may be necessary. (/5., Sec. 208.) § 470. Any religious society or congregation may, by a vote of two-thirds of the members present at any legal meet- ing, agree, to build a new house of worship, and establish the place where it shall be erected; or, if they judge it ex- pedient, they may apply to the Superior Court in the county where such society or congregation may be situated, to es- tablish the place where the house of worship shall be erected; 'and such Superior Court, after hearing all parties concerned, may establish the place where such house of worship shall be erected, and then it will not be lawful to erect the same in any other place. (lb., Sec. 209.) 206 THE LA-V(r OP EELIGIOU8 SOCIETIES. § 471. All societies and congregations of christians in the State may, by a major vote of the members present at their annual meeting, lay a tax oh the members of such society only to build and repair houses of worship, to provide for the annual support of the ministry, and to defray any other expenses necessarily incurred in the proper business of such . society or congregation, which tax may be laid on the assess- ment list last made out according to law, or on the assess- ment list which shall next thereafter be completed by the assessors and board of relief,- and will be payable in one year after the same is gra,nted, and may appoint a collector or collectors to collect the same; and every collector who shall refuse to serve will forfeit the sum of five dollars to the treasury of the society or congregation, to be recovered by an action brought in the name of the treasurer of such society or congregation. {lb., Sec. 210.) * § 472. After the tax is voted and laid as aforesaid, the committee of the society or congregation must make out a rate-bill against the members, containing the proportion of tax for each member to pay, according to the assessment list on which the same shall have been laid, and must apply to a justice of the peace of the county for a warrant, directed to the collector or collectors appointed to collect such tax, authorizing him or them to levy and collect the same; and such' collector or collectors must collect such tax, and pay over the same to the treasurer of the society or congregation; and if he or they shall fail or neglect to collect it by the time appointed, the committee of the society or congrega- tion must take out a distress, signed by a justice of the peace, against such negligent collector or collectors, directed to the sheriff of the county, or to any constable of the town, com- manding him to collect such part of the tax as remains due and unpaid, from said collector or collectors, and to pay it over to the treasurer of such society or congregation. (Jb.) RELIGIOUS COEPOEATIONS IN CONNECTICUT. 207 ^ 473. Persons separating themselves from an ecclesiastical society are liable to pay the debts Of the society, incurred before thetr withdrawal from such society, though the mem- bers of an ecclesiastical society without local limits, are not individually liable for the debts of the society. [Marlborough V. Lord, 1 Root, S2b;- Lord v. Marvin, lb., 330; Jewett v. Thames Bank, 16 C. R., 511.) § 474. The lawful members of every religious society or congregation, of the age of twenty-one years, have the right to vote in the meetings of such society or congregation; and if any person, not a member of the society or congregation, shall intermeddle or vote in any meeting thereof, he will forfeit the sum of two dollars and fifty cents for every such offense-, one-half to him who shall sue therefor and prosecute, his suit to effect, and the other half to the treasury of the society or congregation where the offense may be committed. {R. S. of 1866, Title VII, Oh. 4, Sec. 211.) § 475. Every religious society or congregation has power also to provide for the support of public worship by the rent or sale of the pews or slips in the meeting-house, by the establishment of funds, or in any other mode it may judge expedient. {lb.. Sec. 212.) § 476. Every religious society or congregation instituted for public religious worship, legally organized, has power to provide for the support of public worship, in whole or in part, by an assessment on the pews or slips of their respect- ive houses of public worship; said assessment to be made by the society's committee, or such other persons' as may be appointed by vote of the society; and the payment of such assessment may be enforced by the sale of the use of such slip or pew, for such time as may be necessary, on giving twenty-one days' notice in a piaper published in the town 208 THE LAW OF EELIGIOUS SOCIETIES. where such church is situated, or, if no paper is published in such town, then by posting a notice on the door of such church or house of public worship, and leaving a copy thereof with the owner of said pew or slip, or at his usual place of abode, if within the State,, at least twenty-one days before the sale; but no other estate will be liable to be taken or forfeited for the payment of such assessment. No such assessment can be made upon any pew or slip which is not occupied by its owner, or by some person claiming under such owner, at the stated religious services in such house; and no such sale can be made unless the owner of such pew or slip shall refuse to sell the same to the society at the price which such society originally received therefor. {lb., Sec 213.) ^ 477. If the owner of any pew, in any meeting-house or church edifice in the State, shall neglect or refuse to pay his equitable proportion of the expenses of maintaining public worship therein, the religious society or corporatioi^ con- nected with such meeting-house- or church edifice, may recover the same of such pew owner, in any proper action, if the owner of such pew shall have occupied the same, either by himself or by any person under him. {lb., Sec. 214.) ^ 478. Whenever the majority of pew owners, in any meeting-house or church edifice in the State, may desire to sell and transfer to the religious society or corporation con- nected therewith, their respective pews, to be by such society controlled and rented for the purpose of supporting public worship in such house, and a minority of the pew-holders refuse to sell their respective pews to such society, or if the society and such minority cannot agree upon the price to be paid for such pews, such' society may bring its petition to the Superior court, against the person or persons' refusing RELIGIOUS OORPOEATIONS IN CONNECTICUT. 209 to sell, or failing to agree upon a price to be paid as afore- said; and if such court shall find that it will be for the con- venience and necessity of such society or corporation to own such pews, for the purposes aforesaid, the court must pro- ceed to ascertain, by a committee or otherwise, the cash value thereof, and may make such order, relative thereto, as to the costs of such proceeding, as shall be deemed just and reasonable; and whenever such society shall have paid to such pew-owners the amounts awarded to them respectively, or, on their refusal to accept the same, shall have deposited- the same for their use with the clerk of the court, the title to such pews will be then vested in said society or corpora- tion, {lb., Sec. 215.) § 479. Where there are any lands, money or other estate granted, given or registered, according to the ancient custom, usage or practice, or where the same shall be given, granted or registered, for the use and support of the ministry in any society or congregation in the State, a committee appointed by such society or congregation may demand, recover, or receive and take care of all such lands, money or estate, for the use of the ministry, according to the true intent of such grants, donations and registrations, and shall be accountable to such society or congregation for the profits and interest thereof ; and the said committee, or the major part of them, may make all necessary contracts, and commence and prose- cute to final judgment any suit which may be necessary for the purpose aforesaid; and such committee as shall from time to time be appointed in the room of others, removed by death or otherwise, may enforce any contract, and commence and prosecute any suit for the matters aforesaid, as fully as those whom they succeeded in office could have done if not re- moved. (75./ Sec. 216.) § 480. Where any society is constituted out of two or more [Tt.] 14 210 THE LAW OF RELIGIOUS SOCIETIES. adjoining towns, so that part of the society in any such town has distinct interests in any grants, donations or sequestra- tions, for the support of the ministry, such part of the society shall have the same power and authority to manage such interests as is given to societies, and may in the same manner warn meetings of such part of a society; may appoint a clerk, who shall be sworn in the same manner and shall have the same power, and may appoint a committee to manage and take care of the interests aforesaid, who will have the same power and authority as^is given to the committees of societies, and will be accountable for the rents and profits in the same manner. {lb.. Sec. 217.) § 481. No grant, sale or lease of any pews or any house of worship belonging to any religious society in the State, in fee or for any term of time exceeding one year, will be accounted good and efi'ectual in law to hold such pew against any other person whatsoever but the grantee, lessee and his heirs, unless such grant or lease be in writing, and subscribed by the grantee or lessee, and attested by two subscribing witnesses, acknowledged before some officer authorized to take the acknowledgment of deeds of lands, and, recorded at length by the clerk of such society in a book to be kept for that purpose, who is required to record the same, and is entitled to receive the same compensation as town clerks for recording deeds. {lb., Sec. 218.) ^ 482. The acts which have been done by ecclesiastical societies of the State, organized under the Episcopal order, according to the rules and customs of said society, are de- clared good and effectual in law; and the wardens and ves- trymen of such societies are made a society's committee, and declared to have all the powers in managing the affair^ of such societies as are granted to the committees of reli- KELIGIOUS COEPOEATIONS IN CONNEOTICtrT. 211 gious societies in the State, by statute law of the State. (lb., Sec. 219.) ^ 483. The acts which have been done by ecclesiastical societies of the State, organized under the Methodist Epis- 1 cipal order, or under the Protestant Methodist order, according to the rules and discipline of said societies, are also declared good and effectual in law as the acts of socie- ties legally organized under the provisions of the statute law of the State concerning religious societies; and all con- veyances of property, made to the trustees of the Methodist Episcopal church in the State, and to their successors in office, according to the usages, rules and discipline of said church, are declared to be good and effectual in law to con- vey such property to said trustees and their successors in office, for the uses and purposes in such conveyance expressed. {lb., Sees. 220 and 221.) § 484. The trustees of any Methodist Episcopal church in the State, must be elected by ballot by the male members of the church of legal age. The election of such trustees ' must be on the first Monday of September of each year, at the usual place of worship of said church, of which public notice must be given from the pulpit thereof at least two Sundays preceding, or by posting notice thereof by the clerk of the board of trustees, on the door of the place of wor- ship, at least fifteen days next preceding the time of elec- tion. The polls of the election must be open at least one hour after the time designated in the notice thereof, and, in case of failure to elect on the day named above, the election may be held on any subsequent day of the same month, by giving legal notice thereof. Trustees will hold their office until others are elected; and if a vacancy should occur by death, resignation or otherwise, Such vacancy may be filled 212 THE LAW OF EELIUIOUS SOCIETIES. at anji special meeting called for that purpose, by giring the notice above provided. {lb., Sees, 222 and 223.) § 485. At each election there must be appointed, by the electors present, a chairman and clerk, who will act jointly as inspectors of election, and who must receive and count the votes for such trustees, and certify under oath who have received the majority of the votes, which certificate must be deposited with and kept on file by the town clerk. The number of trustees must in no case be more than nine nor less than three, which must be decided by a majority of the electors at the first election, and before the votes for trus- tees are cast, and the number will remain the same, unless changed by two-thirds present and voting at any subsequent election. At the first election the inspectors must determine by lot, and as near as practicable in equal numbers, who of those elected shall serve for one, two or three years, and at each election thereafter the electors must elect trustees for three years to fill the vacancy of those whose term of office has expired; and the same trustees may be re-elected. [lb., Sees. 224, 225 and 226.) § 486. At their first meeting after each election, the trus- • tees must elect from tjieir number a president^ a treasurer and a clerk, and must meet thereafter at such times as they may designate, make their own by-laws and keep faithful records of their action, signed by the clerk; and they are made a legal corporation in trust to receive, buy, hold, pro- cure and sell and convey, for the benefit of said church, according to the discipline and usages of the Methodist Episcopal church in the United States, any lands, church buildings, houses or other property, and are made capable in law and equity of suing and being sued. {lb., Sec. 227.) § 487. The election of trustees of any Methodist Episco- RELIGIOUS CORPOKATIONS EST CONNECTICUT. 213 pal church in the State, prior to the ninth day of June, 1865, according to the discipline and usages of such church, or by the members thereof, is declared valid in law. {lb., Sec. 228.) § 488. All conveyances of property to the trustees of the community in Enfield, in the State, called Shakers, or to the trustees of any such community in said town, and to their successors in oflSce, according to the forms and usages in like cases adopted, are declared to be good and eflfectual in law to convey such property to said trustees and their suc- cessors in office, for the uses and purposes in such convey- ances mentioned. And all conveyances of property, made or to be made by the trustees of said community for the time being, duly executed by them in the manner prescribed by law, are declared to be good and effectual to convey the property therein described, to the purchaser thereof, and are made as obligatory upon said trustees, and their successors in office, as similar conveyances are upon the grantors there- in named. {lb., Sees. 229 and 230.) ^489. All suits in law and equity, brought by said com- munity to confirm any legal claim or demand, or to recover the possession of any property belonging to it, may be brought and prosecuted to final judgment and execution in the name of the trustees of said community for the time being; and any legal claim or demand against said commu- nity may be in like manner enforced by making said trus- tees, for the time being, defendants in such suits; and in case any or all of said trustees should die or be removed from office during the pendency of any such suit, such suit will not for that cause abate, but such death or removal being suggested upon the record, said suit may be prose- cuted to final judgment and execution by or against their successors in office. {lb., Sec. 231.) 214 THE LAW or EEUGIOUS SOCIETIES. § 490. All religious societies and congregations, instituted for public religious worship, are required, at their annual meeting, to choose two or more tithingmen, who must be sworn to discharge with fidelity the duties of their office; and such tithingmen are required to act in connection with grand jurors in apprehending transgressors of the law for the due observance of the Sabbath or Lord's day. (M. S. of 1866, Title til, Sec. 9.) § 491. All of the proceedings in relation to religious socie- ties in the State pf Connecticut are so very simple that no forms are thought necessary to be prescribed, and none are therefore given. The law herein laid down, however, should be consulted in each individual case. By so doing no mis- takes will be likely to occur. CHAPTER XXXIV, EELIGIOUS SOCIETIES IN NEW JEESET— SOCIETIES, HOW mCOR- POEATED THE TEUSTEES THEIE POWEES MAT ELECT A ^ PEESIDENT AND HIS DUTIES EEFOEMED DUTCH CHUECHES — GEEMAN EEFOEMED CHUECHES PEOTESTANT EPISCOPAL CHUECHES — ^EVANGELICAL LUTHEEAN CHUECHES AND JEWS. § 492. Every religious society or congregation of Chris- tians in the State of New Jersey, entitled to protection in the free exercise of their religion by the Constitution and laws of the State, are airthorized to assemble at their usual place of m'eeting for public worship, at any time by them to be agreed upon, giving at least ten days' notice of the time and purpose of assembling, by an advertisement set np in open view at or near such place of meeting, and, when so I RELIGIOUS OOEPORATIONS IN NEW JERSEY. 215 assembled, may, by plurality of voices of such of the said society or congregation as are present, elect any number, not exceeding seven, of the said society or congregation to be trustees of the same; and the said trustees, and their suc- cessors in office, are constituted a body politic and corporate in law, by whatever name they shall assume, agreeably to the directions prescribed by the general incorporating act. {Elmer's Digest of Laws of Jfew Jersey, Title, Religious Societies, Sec. 1.) § 493. The trustees, when they take upon themselves a name, must certify the same under their hands and seals, and transmit such certificate to the clerk of the court of common pleas of the county, whose duty it is made instantly to record the same, for which he is entitled to receive one dollar; and thereupon such trustees will be known and dis- tinguished in law by the name of incorporation so taken, certified and recorded. {lb.. Sec. 2.) \ 494. The said trustees, and their successors, are declared to be able and capable, by their name of incorporation, to acquire, purchase, receive, have and hold any lands, tene- ments, hereditaments, legacies, donations, moneys, goods and chattels, in trust for the use of the said society or con- ■ gregation, to an amount in value not exceeding two thousand dollars a year, and the same, or any part thereof, to sell, grant, assign, demise, alien and dispose of; to sue or be sued, implead or be impleaded, in any court of law or equity; to make and use a common seal, and the same to alter and renew at their pleasure. {lb., Sec. 3.) § 495. For perpetuating a line of succession in the trus- tees of every religious society or congregation, it is made lawful for the members of the said society or congregation to assemble at any time they may think proper, giving notice 216 THE LAW OF RELIGIOUS SOCIETIES. thereof as directed for the election of the first trustees, or for the election of any other trustee or trustees, in the stead of those, or any of those, Before elected, in case they see cause for the removal of any of the said trustees, provided such removal shall not be in less than one year after his or their election into office; and also to fill up any vacancy which may be occasioned by the death or resignation of any trustee, or his moving, out of the limits of the said society or congregation. (/5., 8ec. 4.) § 496. Such corporation may elect annually, or offcener if necessary or expedient, one of their own members to be their president, who must keep the minutes, and enter the orders, acts and proceedings by the corporation in a book to be kept for that purpose; who must have the custody of the common seal, and the papers, deeds, writings, documents and books of or relating to the said corporation, and who is empowered to convene the said corporation, as occasion may require; and in case of his absence, sickness, death, resigna- tion, refusal to act, or moving out of the limits of the said religious society or congregation, then the said office of -pre- sident is devolved on the senior trustee for the time being; who must occupy the same until the return or recovery of ■ the president, or the election of another. Upon application to the president, any member of the said religious society or congregation may have free access to all the papers, deeds, writings, minutes, documents and books of or belonging to the said corporation. {16., Sees. 5 and 6.) ^ 497. Upon the death, resignation, removal or expiration of the office of president, or election of a new one, the com- mon seal, and all the minutes, papers, deeds, writings, docu- ments and books of or belonging tcf such corporation, must be delivered to the successor in office, on the oath of the preceding president, or in case of his death, on the oath of RELIGIOUS CORPOKATIONS IN NEW JEESET. 217 his executors or administrators, under such, pecuniary penalty as the said corporation may have previously fixed and or- dained to be recovered, with costs, by action of debt in the name and for the use of said corporation. The proceedings, orders and acts of a majority of all the members of the said corporation, and not of a less number, are declared valid and effectual in law. (lb., Sees. 7 and 8.) ^ 498. None of the foregoing provisions are to be construed as extending to or affecting the Eeformed Dutch churches in the State. The minister or ministers, elders and deacons, for the time being, of every Eeformed Dutch congregation, are made, by statute, trustees of the same, and a body politic and corporate in law, by such name as the sai^ trustees shall assume, which name must be taken, certified, transmitted and recorded the same as is the case of other religious societies: whereupon the said trustees will be laiovra and distinguished in law by the name of incorporation so taken, entered and recordedj and they will possess all the rights, powers and privileges of other religious corporations in the State, except that no deed or instrument of conveyance, in their case, for any lands, tenements, hereditaments or real estate, will be good and effectual in law, unless it be sealed with the com- mon seal, and signed by a majority of the members of the said corporation. (Ib„ Sees. 9, 11, 12 and 13.) § 499. It is made lawful for the trustees of any Eeformed Dutch congregation, incorporated by charter or other law of the State, prior to the passage of the general incorporat- ing act, to renounce or forego such charter or act of incorpo- ration, by writing under their handstand seals, and recordctl as aforesaid, upon condition that the ministers, t'lders aiui deacons, or elders and deacons, as the case may require of such congregation, shall incorporate themselves pursuant to the directions of the act in the last preceding section referred '218 THE LAW or EELIGIOUS SOCIETIES. to and explained. Upon being re-incorporated as aforesaid, their former incorporation and body politic will cease and be dissolved; and all the estate, real and personal, held by virtue of the same, will pass to and be vested in the body politic and corporate last formed as aforesaid, who will be deemed to be the legal successprs in office of the former body politic and corporate, and liable to their debts. {lb., Sec. 14.) § 500. Where two or more of the said Eeformed Dutch congregations, which have been united in one body politic, shall be disunited by renouncing or foregoing their former incorporation, and shall, each or any of them, become incor- porated under the provision of law aforesaid, then such lands, tenements, hereditaments, moneys, goods and chattels, as of right belong to each of the said congregations, sepa- rately considered, shall be and remain in the peaceable and quiet possession of the body politic and corporate of that particular church to which such real and personal estate of right may belong; and all real and personal property ac- quired by such congregations during their union of a body politic, must be divided between such congregations in such manner as shall be agreed upon by the trustees of the said corporation. {lb., Sec. 15.) § 501. If the trustees of any two or more of the said Ee- formed Dutch congregations, by whatever name known and distinguished in their respective charters or acts of incorpo- ration, see cause to renounce or forego their separate corpo- rations, and be formed into one joint corporation and body politic, it is made lawful for such trustees, by mutual con- sent, to renounce or forego their separate charters or acts' of incorporation, by writing under their hands and seals, which must signify also their intention to become one joint corpo- ration and- body politic, and must be recorded in manner aforesaid, upon condition that the said trustees shall form RELIGIOUS CORPORATIONS EST NEW JERSEY. 219 themselves into one corporation, agreeably to the directions of the said general incorporating act. Upon recording the said writing, and after such joint incorporation as aforesaid, their former separate corjporators and bodies politic will cease and be dissolved, and all the estate, real and personal, held by them separately, will pass to and be vested in the trustees of such joint corporation and body politic, who will be deemed to be the legal successors in oflSce of the former separate bodies politic, and liable to their debts. {lb., Sec. 16.) § 502. For perpetuating a line of succession in the trustees of every Eeformed Dutch congregation, the minister or min- isters, elders and deacons of such congregation, as shall take and record a name as aforesaid, are declared to be the first trustees of the same, and shall continue in office until others shall be duly elected, appointed or called, according to the manner, usages and customs of the Reformed Dutch church; and every minister, elder or deacon, so constituted a trus- tee, will continue in office until another person shall, in like manner, be elected, appointed or called in his stead, and so on as often as occasion may require; and if any dispute shall arise respecting the validity of the election, appointment or call of the said trustees, the same must be referred for final decision to the superior church judicature, to. which such congregation may be subordinate, according to the customs and constitution of the said Reformed Dutch church. {lb., Sec. 17.) ^ 503. The person who is, according to the usage and cus- tom of the Eeformed Dutch church, ordinarily to preside at the meeting of the minister, elders and deacons of the said congregation, will be president of the said corporation, who is empowered to convene the said corporation as occasion may require, and at the request of any ti^o or more of the 220 THE LAW OF RELIGIOUS SOCIETIES. members, it is made his duty to convene the same, in such manner and under such regulations as the said corporation shall from time to time direct. The said corporation may, from time to time, appoint some fit person belonging to the corporation, to have the custody of the common seal and the papers, deeds, writings, documents and books of or relating to the corporation, who must keep the minutes and enter the orders, acts and proceedings of the corporation in a book to be kept for the purpose, and he must deliver such seal and other things, when demanded, to the corporation, under such pecuniary penalty as they may have previously iSxed and ordained. {lb., Sees. 18 and 19.) § 504. Every person of the said congregation, who regu- larly contributes to the support of the gospel in the said congregation, must have free access to all the papers, deeds, writings, minutes, documents and books of or belonging to the said corporation. The proceedings, orders and acts of a majority of all the members of the said corporation, but not of a less number, will be valid and effectual in law; and no member will be allowed to vote in any matter or thing which may immediately affpct himself, his private interest or emolument. {lb., Sees. 20, 21 and 22.) § 505. All the provisions of the statute relating as well to the incorporation as to the rights, privileges and duties of the Reformed Dutch churches are extended to all the German Reformed churches constituted in the State, and the wardens and vestrymen, for the time being, of every Protestant Episcopal church, not especially incorporated, are declared trustees of the same, and a body politic in law, by such name as the said trustees shall agree, in the manner men- tioned in the second section of this chapter. {lb., Sees. 23 and 24.) RELIGIOUS CORPOEATIONS IN NEW JERSEY. 221 § 506. When any congregation of the Protestant Episco pal church in the State, duly organized according to thfe constitution and usages of said church, desire to form them- selves into a body corporate, notice must be given of such intention ten days previously, by an advertisement set up in open view, at or near the place where such congregation usually assemble for divine service, designating the day when and the place where they design to meet for that pur- pose. The congregation having met at the time and place appointed, the rector or minister, or, if there be no rector or minister, or he be necessarily absent, one of the church wardens or vestrymen must preside at the meeting, and the secretary of the vestry must record the proceedings of the meeting. The congregation must then proceed, by a vote of the majority of those present, to designate the corporate name or title by which the church shall be known, which must be in the manner and form as follows: "The rector, wardens and vestrymen of church, in ." The con gregation must then choose two wardens, and not more than ten nor less than five vestrymen; and also fix the day, an- nually, on which new elections of officers shall take place. A certificate of these proceedings, under the hands and seals of the president and secretary of the meeting, must be transmitted t(|the clerk and be recorded as in other cases- whereupon the rector, wardens and vestrymen appointed as aforesaid will be a body corporate and politic, in law and in fact, to have continuance forever under the same restrictions. and with the same rights, powers and privileges as are granted to and imposed on trustees of other religious cor- porations. If at any time the church be without a minister or rector, it is provided that the same rights and privileges shall be vested in the wardens and vestrymen. (75., Sees. 26, 27 and 28.) § 507. The rector, wardens and vestrymen, and their sue- 222 THE LAW OF RELIGIOUS SOCIETIES. cessors, or a majority of them, may make such rules, by- laws and ordinances, and do everything needful and requisite for the good government and support of the church, all of which must be entered in a book to be provided and kept for that purpose, upon condition that such rules, by-laws and ordinances shall not be repugnant to the Constitution and laws of the State or of the United States. {lb., Sec. 29.) m § 508. The qualifications of voters at the annual elections must be conformable to the constitution and principles of the Protestant Episcopal church in New Jersey. The rec tor, wardens and vestrymen muSt choose a treasurer, who, when called upon for that purpose, must render a true and just account to the corporation of all moneys by him received and expended, and pay over the balance which may remain in his hands at the time of settlement, to his successor in office. {lb., Sees. 30 and 31.) § 509. "Whenever a vacancy occurs in the office of minis- ter or rector, by death, removal or otherwise, the wardens and vestrymen, two-thirds of them concurring in the choice, may choose some fit person, duly qualified to act as minister or rector of said church, agreeably to the constitution of the Protestant Episcopal church in the United States of America; and the minister or rector so chosen must preside at all meetings of the wardens and vestrymen, and have a casting vote, except the business or question to be decided has relation to personal interest of such minister or rector, and in the absence of the president, the wardens and vestrymen may choose a president jji-o tempore. {lb., Sec. 32.) ^ 510. Any Protestant Episcopal church, incorporated before the passage of the general incorporating act of the State, may embrace the privileges of such act by compliance with and adopting its provisions; and every religious corpo- RELIGIOUS OOEPORATIONS IN NEW JERSEY. 223 ration, created by act of the legislature, or by letters patent, may acquire, purchase, receive, have and hold any lands, tenements, hereditaments, legacies, donations, moneys, goods and chattels, of the yearly value of two thousand dollars, although such act or letters patent contain a restrictive clause limiting the annual revenue and income of the said corpora- tion to a less sum. (/6., Sees. 33 and 35.) § 511. All of the provisions of the statute relating as well to the incorporation as to the rights, privileges and duties of the Keformed Dutch church, and also of the German Reformed churches, are extended to all the Evangelical Lutheran churches as may now or shall hereafter be consti- tuted within the State. {lb., Sec. 37.) § 512. All of the provisions of the act to incorporate trustees of religious societies, except those which expressly relate to the Reformed Dutch church, and the German Re- formed churches, are extended to religious societies or con- gregations of Jews within the State. {Laws of 1860, Oh. 21.) CHAPTER XXXV. RELIGIOUS SOCIETIES IN NEW JERSEY SOCIETIES MAY SELL THEIR LANDS IN CERTAIN CASES — HOW EFFECTED — MISCEL- LANEOUS MATTERS RELATING TO SUCH SOCIETIES CHURCH MEMBERS. § 513. Whenever any incorporated religious society in the State of New Jersey, entitled to lands and tenements granted or devised to them by deed, will, or otherwise, appropriating the rents and issues thereof to specific use, but without power 224 THE LAW OF RELIGIOUS SOCIETIES. to sell and convey the same, shall represent to the Chancellor of the State that the interest of the person or persons of such religious society, in the said lands, should be sold or disposed of, the Chancellor may, in a summary manner, pro- ceed to inquire into the merits of the application, and from such time the person or persons interested in the said lands, and the said religious society as the case may be as far forth as relates to such lands, its proceeds and income, will be considered wards in chancery. {Laws of 1859, Oh. 188, 8ec. 1.) \ 514. On every such application the Chancellor must, in his discretion, appoint a suitable trustee or trustees, who must give bonds to the State of New Jersey, to be filed with the clerk of the Court of Chancery, in such penalty and with such surety as the Chancellor shall direct, conditioned for the just and faithful performance of the trust reposed in such trustee or trustees, and for the observance of such orders and directions as the Chancellor shall from time to time make in the premises, in relation to such trust, which bond, if forfeited, may be prosecuted by the direction of the Chancellor in any court having cognizance of the same. {lb., Sec. 2.) ^ 515. Aftef the bond shall be given and filed as aforesaid, the Chancellor may proceed, in a summary manner, by reference to a master, to inquire into the merits of such application, and whenever, and as often as it shall satisfac- torily app'ear to the court that the interest of parties inter- ested requires, or will be substantially promoted by a sale of such land, or any part or parts thereof, the Chancellor may direct a sale or sales of. sijch lands, to be made by the trustee or trustees, either in whole or by subdivision, and upon such terms of credit as may be deemed expedient; and all such sales and dispositions made in good faith and in pur- EELIGIOtrS CORPOEATIONS IN NEW JERSEY. 225 suance of, and conformation with the directions of the court when confirmed, will be valid and effectual in law. (75., Sec. 3.) ^516. All sales and dispositions, made in pursuance of the authority aforesaid, must be reported on the oath or affirmar tion of the trustee or trustees to the Chancellor, to be ap- proved by him, before a conveyance can be executed; and if such sale or disposition be confirmed by the Chancellor, and a conveyance directed to be executed, he must then make such further order for the application and disposition of the proceeds of the same, and for the investment thereof, as the case may require. {lb., Sec. 4.) ^ 517. The proceeds of such sale must be loaned and in- vested in good and sufficient bonds of individuals, secured by mortgage on unincumbered real estate in the State of New Jersey, worth without buildings double the amount loaned, payable with interest semi-annually, or invested in the public funded debt of the United States; and upon the payment of the principal sum loaned or invested, or any part thereof, the amount must be again invested as aforesaid, and the interest arising on such loan or investment, as soon as received, must be applied and paid to the person or persons, and for the uses specified in the grant, deed or devise for which the lands were granted or devised, and for no other use or purpose whatsoever. No loan of money received by virtue of the sale of the land aforesaid can be made to any person for a greater sum than one thousand dollars, unless it may be for the consideration of lands sold to such person by the authority aforesaid. {lb., Sec. 5.) § 518. The trustee or trustees appointed as aforesaid are made liable to account under order of the Court of Chancery, before such master as the Chancellor may designate from [Tr.] 15 226 THE LAW OF EELIGIOUS 80CJIETIES. time to time, upon the application of any religious society, or any person' or persons interested in the funds, and the report of such master made thereupon will be liable to exceptions as in other cases of masters' reports ■ requiring confirmation; and the Chancellor is vested with full power and authority to make all such orders and demands in the premises as may be necessary to give complete relief to the parties. {Ib„ Sec. 6.) ^ 519. No land upOn which a church or place of worship is or may be erected, or granted for that purpose, or bury- ing ground, can be sold by virtue of the authority aforesaid. {lb., Sec. 7.) § 520. Upon the settlement of the account of the trustee or trustees made by the Chancellor, he may direct the said trustee or trustees to assign and set over all bonds and mortgages and public stocks remaining in his or their hands to the religious society to which the said lands and tenements sold may have been granted or devised, to be held by such religious society in trust for the uses and purposes prescribed in such grant or devise, and for no other use or purpose whatever. {lb., Sec. 8.) § 521. All of the proceedings under the laws of New Jer- sey, in relation to religious societies, are very plain and sim- ple, and hence it is considered unnecessary to give any forms. Every step, however, should be taken with the law under the eye, and then no difficulty or embarrassment will arise. § 522. The rules of each denomination of christians deter- mine who are members of the congregation and entitled to vote for trustees. No one is entitled to vote in a Presbyte- rian congregation who does not contribute to the necessary expenses of the church; and an election of trustees made by EELIGIOUS CORPORATIONS IN NEW JERSEY. 227 other persons would be void. {The State 7.. Crowell, 4 Hal., 390.) § 523. To constitute a person a member of any church, two points at the least are essential, a profession of its faith and a submission to its government. After persons withdraw from a church, they do not continue members, simply be- cause they hold the same religious faith. Whomsoever the judicatories of any church decide to be the spiritual officers thereof, the courts are bound to respect as such. The forma- tion of a new congregation or church judicatory, must be made with the consent and by the authority of the proper ecclesiastical assembly. A portion of the members of a religious denomination, or converts professing its faith, can- not, by their own act, and without the sanction prescribed by the constitution, form a new judicatory within the pale of the church. {Den v. Bolton, 7 Hal., 206.) § 524. The courts of New Jersey cannot inquire into the doctrines or opinions of any religious society for the purpose of deciding whether they are right or wrong; but it is their duty to do it whenever civil rights depend thereon, and then it must be done by such evidence 'as the nature of the case admits of. The party who would avail himself of the doc- trines of any particular denomination, must show what they are. If a majority of an ecclesiastical assembly withdraw, however sufficient their reasons may be, that will not deprive those who remain of their ancient name, rights and privi- leges, if they retain their ancient faith and doctrines, and adhere to their ancient standards. {HendricJcson v. Decow, Sax, Oh. B.; 577.) § 525. Eeligious societies in the State of New Jersey, whose trustees are incorporated, present a threefold aspect: First," the congregation; secondly, the church, ' strictly so 228 THE LAW OF RELIGIOUS SOCIETIES. called, composed of those entitled to full church privileges; And lastly, the trustees or corporation. The employment of a pastor may be by the congregation or by the church, ac- cording to the rules of the religious society, or by the trus- tees; unless the trustees as such are parties to the contract, no action will lie against them for the minister's salary. As it is in general the duty of the trustees to provide the stipu- lated support, it must be presumed they will do so; and when their dissent to the employment of the minister does not appear, it may be presumed that they undertake to pay the salary, and an action can be maintained against them for it. (Miller v. Baptist Church of Allowaystown, 1 Harr., 251.) § 526. "When the society hold a new election of trustees, for the purpose of being incorporated, if the object be to preserve, and not to change or dissolve the corporation, the new corporation will be regarded as a continuance of the old one. "When the usual place of meeting has been changed by the society, an election of trustees at the old place would not be valid. (Miller v. English, 1 Zab. 317.) . ^ 527. Officers of a religious society, lawfully elected and inducted into office, though they afterwards secede, renounce the authority of the governing body, and unite with another ecclesiastical body, do not thereby divest themselves of their offices; they must be regularly removed. If an election cannot be held in the usual place of meeting, it should be held as near to it as circumstances will permit. The trus- tees of a religious society hold the property subject to its appropriate use, and unless authorised by the rules of the society, B^ve no right to determine when the religious meet- ings shall be held, or who shall officiate. (Doremus v. The Dutch Reformed Church, 2 Or. C. R. 332.) . § 528. "When property was given in trust for a church not EEMGIOUS CORPORATIONS IN PENNSTLVANIA. 229 incorporated, it is competent for any person belonging to that churcli, on behalf of himself and of all others belong- ing to that church and entitled to the use of the funds, to come ii^to a court of equity to enforce the execution of the trust. And if the church consists of various congregations, any one or more of such congregations, being incorporated, may in like maimer enforce the execution of the trust. {Associate Reformed Ohurch v. Trustees of Theological Semi- nary, 3 Qr. Q. R. 77.) CHAPTEE XXXVI. EELIGIOUS SOCIETIES IN PENNSYLVANIA — RIGHTS PRESERVED RELIGIOUS SOCIETIES, HOW INCORPORATED — CHARTERS, HOW AMENDED POWERS OF A RELIGIOUS CORPORATION — CONVEY: ANOBS AND BEQUESTS TO — TRUSTEES OF — PROPERTY OF, NOT SUBJECT TO TAXATION PROPERTY. OF A DIVIDED CONGREGA- TION — form; op charter for the society. § 529. By the present Constitution of the State of Penn- sylvania all the rights, privileges, immunities and estates of religious societies are preserved, and remain the same as though the Constitution of the State had not been altered or amended. {State Const., Art. VII, Sec. 3.) § 530. In the State of Pennsylvania, when any number of persons, who may be citizens of the commonwealth, are associated, or mean to associate, for any religious purpose, and may desire to become incorporated, they may prepare ,an instrument in writing, specifying therein the objects, articles, conditions and name, style or title under which they have associated or mean to associate, and exhibit the 230 THE LAW OF EELIGIOUS SOCIETIES. same to the attorney-general of the commonwealth, who is required to peruse and examine the same, and then transmit the same, with a certificate thereon indorsed, testifying his opinion touching the lawfulness of the objects, articles and conditions therein set forth and contained, unto the Supreme Court of the commonwealth; and the gaid court is required thereupon to peruse and examine the said instrument, and to transmit it, with a certificate thereon endorsed, testifying also the opinion of the said court touching the lawfulness of the objects, articles and conditions therein set forth and contained unto the governor of the commonwealth. [Pur- don's Digest of 1862, 194, Sec. 1.) §531. If the attorney-general, and the Supreme Court both certify their opinion as aforesaid to be that the objects, articles and conditions in such instrument set forth and con- tained are lawful, the governor must transmit the same to the master of the rolls, with an order thereon indorsed requiring him to enroll the same, at the expense of the ap- plicants. Upon the enrollment of such instrument, the per- sons so associated, or meaning to associate, will, according to the objects, articles and conditions in the said instrument set forth and contained, become and be a corporation and body politic, in law and in fact, to have continuance by the name, style and title in such instrument provided and declared. (/5.) § 532. Any such persons desiring to becolne incorporated for religious purposes and objects, may in like manner pre- pare such instrument in writing, and present the same to the Court of Common Pleas of the proper county in which such religious corporation is intended to be situated; and the court is required to peruse and examine the same, and if the objects, articles and conditions therein set forth and contained shall appear lawful, and not injurious to the com- RELIGIOUS CORPORATIONS IN PENNSYLVANIA. 231 munity, such court must direct said writing to be filed inthe office of the prothonotary of said court, and also direct notice to be inserted in one newspaper printed in the proper county, for at least three weeks, setting forth that an appli- cation has been made to said court to grant such charter of incorporation; and if no sufficient reason is shown to the contrary, the court may, at the next term thereafter, decree and declare, by an order indorsed on said instrument, attested in the usual manner by the prothonotary, under the seal of said court, that the persons so associated shall, according to the articles and conditions in said instrument set forth and contained, become and be a corporation or body politic; and further direct that said charter of incorporation shall be recorded in the office' for the recording of deeds in said county. {lb., page 196, 8ec. 11.) § 533. On the instrument aforesaid being recorded as aforesaid, the persons so associated, or meaning to associate, will, according to the objects, articles and conditions in such instrument set forth and contained, become and be a corpo- ration or body politic in law and in fact, to have continuance by the name, style and title in such instrument provided and declared. The usual fees allowed by law for equal or similar services' may be received by the, respective county officers performing such services, and all the expense of procuring such charter of incorporation and recording the same, must be borne by the persons applying for the same. After such charter is recorded, the same must be duly cer- tified to be recorded, and delivered over to, the applicants, and a copy of the record, duly certified, is made as good evidence as the original might or could be. {lb. and Sec. 12.) § 534. In case any religious corporation desires to improve, amend or alter its charter, it can do so by specifying the 232 THE LAW OF EELIGIOUS SOCIETIES. improvements, amendments or alterations which are or shall be desired, and the same to exhibit and present to the a,ttorney-general and Supreme Court as aforesaid, who must in like manner successively certify their opinion to the gov- ernor of the commonwealth touching the lawfulness of such improvements, amendments or alteration^; and the same being certified, .as aforesaid, to be lawful, must in like man- ner be directed by the governor to be enrolled by the mas- ter of the rolls at the expense of the applicant; and upon such enrollment the same will be taken and deemed to be a part of the instrument upon which such corporation was formerd and established, to all intents and purposes as if the same had originally made a part thereof. {lb. 195, 8ec. 2.) \ 535. The application to amend the charter of incorpo- ration must be made by the corporation in its corporate capacity. And the proposed amendments are not to be deemed the act of the corporation, merely because the cor- porate seal is affixed. In case of question in regard to it, the court will look beyond the seal, and inquire in what manner and by what authority it was affixed. When there are different classes in the society, as in the Eoman CathoKc, the clerical and the lay, the majority of each class must consent before the charter can be altered, if there be no provision in the original charter respecting alterations. Neither can a charter be amended on the vote of a majority, at a stated meeting, convened without notice of the intended proposition to alter the charter. A notice that an alteration in the constitution will be proposed at a meeting, must be given to all parties interested; otherwise a bare majority wilj not be held sufficient. {Case of St. Mary's Ch. 6 8erg. and Rawle, 498; 7 lb. 517; JYational Literary Association, 30 Penn. 8. B. 150.) RELIGIOUS COEPORATIONS IN PENNSYLVANIA. 233 ^ 536. When the original charter of a religious society is procured by application to the Court of Common Pleas as hereinbefore specified, the application for improving, amend- ing or altering such charter will have to be made to the same court, or to the court of quarter sessions of the com- monwealth, and similar proceedings had as upon the grant- ing of the original charter, [Purdon's Digest, 1862, poffe 197, Sees. 18 and 19.) § 537. Every religious society duly incorporated, and the successors thereof, possess full power and authority to make, have and use one common seal, with such device and inscription as they may deem proper, and the same to break, alter and renew at their pleasure; and by the name, style and title provided and declared in the charter as afore- said, will be able and capable in law to sue and be sued, plead and be impleaded, in any court or -courts, before any ' judge or judges, justice or justices, in all manner of suits, complaints, pleas, causes, matters and demands whatsoever, and all and every matter or thing therein to do, in as full and effectual a manner as any other person or persons, bodies politic and corporate, within the commonwealth, may or can do; and will be authorized and empowered to make rules, by-laws and ordinances, and to do everything needfijl for the good government and support of the affairs of such religious corporation; provided that such rules, by-laws and ordinances, or any of them, be not repugnant to the Consti- tution and laws of the United States, and of the common- wealth, or to the instrument upon which such corporation was formed and established. {lb. 195, Sec. 3.) § 538. Every such religious corporation, by the name, style and title by it provided and declared as aforesaid, will also be able and capable in law, according to the terms and conditions of the instrument upon which the corporation 234 THE LAW OF RELIGIOUS SOCIETIES. was formeii and established, to take, receive and hold all, and all manner of lands, tenements, rents, annuities, fran- chises and hereditaments, and any sum and sums of money, and any manner and portion of goods and chattels, given and bequeathed unto it, .to be employed and disposed of, according to the objects, articles and conditions of the instru- ment upon which the corporation is as aforesaid formed and established, or according to the articles and by-laws of the corporation, . or the will and intention of the donors; pro- vided, however, that the clear yearly value or income of the real and personal estate held by such religious corporation shall not at any time exceed the sum of five thousand dol- lars, or such other sum as is specified in the charter of such religious society. {lb., Sees. 4, 6, 7 and 8; also lb. 145, Sees. 2 and 3; also lb. 864, Sec. 2.) § 539. In ascertaining the annual value of the real and personal estate of a religious society, all vacant lots will be ' taken to be of the annual value at which they could be let upon ground-rent, or at the interest of the price at which they would sell for cash, and without sacrifice; and if occu- pied and yielding rent or income, then as of the annual value of such rent or income, or the valuation as vacant ground in manner aforesaid, whichsoever shall be of the greater amount; but no edifice used for worship, education, or an hospital, or the unproductive fund contained within the curtilege of such building, must be included in such valuation. [Tb., 146, Sec. 3.) § 540. No estate, real or personal, can be bequeathed, devised or conveyed to any body politic, or to any private person, in trust for religious uses, except the same be done by deed or will, attested by two credible and, at the time, disinterested witnesses, at least one calendar month before the decease of the testator or alienor; and all dispositions of RELIGIOUS COEPOEATIONS IN ' PENNSYLVANIA. 235 property contrary to this provision are declared void, and the pi:operty thus disposed of will go to the residuary legatee or devisee, next of kin or heirs, according to law; provided that if the grantee of such property shall dispose of the same within said period, bona fide and upon a fair and valu- able consideration, such disposition will not be avoided. {lb., 866, 8ec. 10.) ^ 541. No bishop or other ecclesiastic, in any church, can hold any real or personal estate in the commonwealth, with a capacity to transmit the title thereof to his successor in office, otherwise than as any other individual holding the same in his private or natural capacity might do, and when- ever any property, real or personal, shall be bequeathed, devised or conveyed to any ecclesiastical corporation, bishop, ecclesiastic or other person, for the use of any church, con- gregation or religious society, for religious worship or sepul- ture, or the maintenance of either, the same cannot be other- wise taken and held, or inure, than subject to the control and disposition of the lay members of such church, congregation or religious society, or such constituted officers or represen- tatives thereof as shall be composed of a majority of lay members, citizens of Pennsylvania, having a controlling power, according to the rules, regulations, usages or corpo- rate requirtments thereof, so far as consistent herewith, and every charter granted by any court to any church, congrega- tion or religious society, must require such property to be taken, held, and to inure, subject as aforesaid, or it will be void. {lb., 865 awcZ 866, Sees. 8 and 9.) § 542. The majority, however, of the male members, of lawful age, of any unincorporated church, congregation or religious society, rday choose for their trustee or trustees, any other person or persons than a layman; and whenever not previously declared, they may declare the manner in 236 THE LAW OF RELIGIOUS SOCIETIES. which the title to their trust property shall be held and con- veyed, and upon due proof of such consent, any court having jurisdiction over trusts, may direct the legal title to be con- veyed accordingly. (lb.) § 543. No disposition of property made for any religious use, will fail for want of a trustee, or by reason of the objects being indefinite, uncertain, or ceasing or depending upon the discretion of a lost trustee, or being given in perpetuity, or in excess of the annual value Umited by law; but it is the duty of any orphan's court, or court having equity jurisdic- tion in the proper county, to supply a trustee, and by its decree to carry into effect the intent of the donor or testator so far as the same can be ascertained, and carried into effect consistently with law or equity; for which purpose the pro- ceeding must be instituted by leave of the Attorney General ■on the relation of the society or individual desirous of carry- ing such disposition into effect, and willing to become responsible for the costs thereof, subject to an appeal as in other cases. {lb., 145, Sec. 1.) § 544. If the objects of the trusts last aforesaid be not ascertainable, or have ceased to exist, or such disposition be in excess of the annual value permitted by law, or in per- petuity, such disposition, so far as exceeding the power of the courts to determine the same by the rules of law or equity, will be taken to have been made subject to be further regulated and disposed of by the Legislature, in manner as nearly in conformity with the interest of the donor or testa- tor, and the rules of law against perpetuities, as practicable, or otherwise to accrue to the public treasury for the public use. (lb-) § 545. All churches, meeting-houses or other regular places of stated religious worship, with the pews thereto annexed EBMGIOUS COEPOEATIONS IN PENNSYLVANIA. 237 for the occupancy and better enjoyment of the same, and all burial grounds belonging to any religious society or congre- gation, are exempt from all and every county, road, city, borough, town and school tax; though such exemption is restricted to five acres of land, together with the improve- ments thereon, and any excess of that amount of land will be liable to be taxed. {lb., 942, Sees. 73 and 74.) ^ 546. The title to the church property of a divided congre- gation, is in that part of it which is acting in harmony with its own law; and the ecclesiastical laws, customs, usages and principles which were accepted among them, before the dis- pute began, are the standard for determining which party is right. {McGinnis v. Watson, 41 Penn. 8. E., 9.) § 547. The charter of a religious society may be in the fol- lowing form: " We, the undersigned, citizens of the commonwealth of Pennsylvania, having associated ourselves together for reli- gious purposes, desire to become incorporated as a religious society, and do hereby adopt and agree to be bound by the following articles of association, viz: First. The name, style or title of the association under which they have associated is and shall be ' The First Pres- byterian Church of Pittsburg.' Second. The objects of the association are and shall be to maintain divine worship according to the rites of the Pres- byterian church in the United States. Third. The location of the house of worship of the society shall be in the city of Pittsburg, in the coimty of Alleghany. Fourth. The temporal concerns of the society shall be managed by nine trustees, who shall all be members of the society, and shall hold their office for the term of three years, and shall be divided into three classes, so that three of their number shall be elected every year. [Here add any other articles or conditions desired.] Witness our hands at Pittsburg this day of 18 ." (Signatures.) 238 THE LAW OF EELIGIOUS SOCIETIES. CHAPTEE XXXVn. EELIGIOUS SOCIETIES M OHIO — MODE OF OfCOEPOEATION TRUS- TEES — THEIE POWERS TITLE TO PROPERTY MAT DISPOSE OF TRUST ESTATE — MAJORITT OF SOCIETY CONTROL ITS AFFAIRS. § 548. In the State of Ohio any religious sect, denomina- tion or association may elect at a meeting of a majority ot any organized church, parish or religious association, any number of their members, not less than three, to serve as trustees, and one member as clerk, who will hold their office during the pleasure of the society or association. The clerk so appointed must make a true record of the proceedings of the meeting, and certify and deliyer the same to the recorder of the county in which such meeting was held, together with the name by which such church or society shall thereafter desire to be known. It is made the duty of each county recorder, immediately upon the receipt of such certified statement, to record the same in a book of record to be kept by him, provided for that purpose at the expense of his county, for which service he may demand and receive the sum of ten cents for one hundred words. (1 Revised Stat- utes of 1860, Oh. 29, Sees. 83 and 84.) § 549. From and after making the record aforesaid by the county recorder, the said trustees, and their associated mem- bers and successors, are declared invested with the powers, privileges and immunities incident to aggregate corporations, and a certified transcript of such record, made by the county recorder, is made evidence in all courts and places within the State of the existence of such association and corpora- tion, {lb., Sec. 84.) RELIGIOUS COEPORATIONS IN OHIO. 239 § 550. If by the rules, laws and regulations of any such church, parish or religious association, any members thereof, less than three, have charge of the property and concerns of such church, parish or religious association, the same are declared to be invested with the powers, privileges and immunities granted to trustees and directors of religious and other societies, by the election of such less number of their members as trustees, and the making out of a certificate, by their clerk, of^the election of such trustees, and the corpo- rate name adopted by such church, parish or religious asso- ciation, and the recording thereof, by the county recorder, in the manner aforesaid. {lb., Sec. 83.) § 551. It is provided that the trustees appointed in the manner before specified, and their successors in office, shall have perpetual succession by their corporate name, and by such name they are legally capable of contracting, and of prosecuting and defending suits, and have capacity to acquire, hold, enjoy, dispose of and convey all property, real or persona], which they may acquire, by purchase, donation or otherwise, for the purpose of carrying out the purposes and intentions of ^uch society or association, but they cannot acquire or hold property for any other purpose. {lb., Sec. 85.) § 552. Any such religious society or association when incorporated, may elect such officers and make such rules and regulations as may be necessary and expedient for its own government and the management of its afiairs, to efiect their proper objects. {lb.. Sec. 87.) ^ 553. Whenever any religious society may desire to sell any real estate that may have been conveyed, to it, and is held in trust for a specified religious purpose, the trustees, war- den& and vestry, or other officers entrusted with the manage- ment of the aflyrs of such society, may file in the Court ot 2.40 THE LAW OF EELIGIOUS SOCIETIES. Common Pleas of the county where such real estate may be situate, a petition stating that such society desires to make such sale, for the purpose of investing the same in other real estate, to be held and used for a like purpose; and if, upon the hearing of such case, it shall appear that such sale and investment are desired by the members of such society, and that there is a necessity for the same, the court liiay authorize the trustees, or other officers holding the title in trust, to sell said real estate, in such manner and upon such terms as the court shall deem reasonable. {lb., Oh. 29, Sec. 363.) ^ 554. The trustees or other officers authorized to make such sale, must make return thereof to the court ordering the same, at such time as the court shall order; and, there- upon, if the court shall be satisfied that the same has been in all respects according to its order, and that the proceeds have been invested\ in other real estate, for the use of such society, in trust for the same objects and purposes as pro- vided in the deed by which the real estate ordered to be sold was conveyed to such society, or that a contract has been made securing such investment, the court must confirmthe sale and authorize a deed to be made to the purchaser. (lb., Sec. 364.) ^ 555. The petitioners must cause notice of the pendency and prayer of the petition to be published for four consecu- tive weeks, in some newspaper of general circulation in the county where the real estate proposed to be sold is situated, before the term of the court at which the order of sale will be asked. {lb.. Sec. 365.) § 556. No specific forms for these proceedings need be given in this place, and yet some aid may be rendered by con- sulting the forms hereinbefore prescribed for religious socie- ties in the State of New York. {Ante, \^ 117, 12Q,lUand 182.) EELIGIOUS CORPORATIONS IN OHIO. 241 ^557. By the act to ilcorporaite the original surveyed townships in the State, the rents of section twenty-nine, in certain townships, are appropriated for the use and benefit of the gospel ministry [Laws of 1^31, ^age 490),, and it is now provided that each and every denomination of religious societies having members residing in any township in which such section is reserved, after giving themselves a name, must appoint ap agent, who must produce to the trustees of such lands a " sworn" or " affirmed" certificate containing a list of their names and members, as contained in the records of such religious society, and who are members at the time such certificate is produced. This agent is required to pay over an equal dividend of the rents paid to him, within three months after the same shall have been received, tb be appropriated to the support of religion at the disfcretion of each society. The trustees of the fund are rfequired to dis- tribute such rents amongst the several religious denomina- tions in proportion to the numbers residing in said township, without regard to the township in which such denotnination may regularly assemble for public worship. All members above the age of fifteen years are entitled to have their names enrolled by the society. {Laws of 1831, as amended by Laws oflSQi, page 74.) § 558. In any original surveyed township, or fractional township, wherein section number twenty-nine is reserved, it is made the duty of the trustees of such township to meet on the fourth Monday of April, annually, at the most con- venient place nearest the center of such township, or frac- tional township, and then and there make a dividend of the rents and interest accruing from said section twenty-nine, to each religious society, agreeably to the provisions of the last preceding section, and, in making such dividend, each Society is entitled to receive a just proportion 6f the money [Tt.] 16 242 THE LAW OF EELIGIOUS SOeiETIES. received l)iy the treasurer of such township. {Laws of 1862, pdge 30.) § 559. "When the land of a religious society is conveyed to individual trustees instead of the religious corporation, the individual grantees are regarded as trustees of the society, and, on sale of such land, they will receive the pro- ceeds in trust for the use of such society. Seceders from a regularly organized church, who have organized themselves into a separate body, are not entitled to any portion of the property of the society from which they seceded. {M. E. Ohurch of Oincinnati v. Wood, 5 Ohio R. 283.) § 560. When a religious society purchases land, and the title vests in such society in fee, as a corporation, the majo- rity of the society have the right to control the use and occupation of such land, and such majority can not be de- prived of such control by any supposed error of doctrine. Such majority, however, cannot exclude their fellow corpo- rators from the benefit of such property in common with themselves. {Keyser v. Stansifer, 6 Ohio R. 363.) § 561. The beneficiaries of the fund " for the purposes of religion," arising from the rent of section twenty-nine in the Ohio Company's purchase, being designated by statute as " every denomination of religious societies," persons having no system of religious faith, written or traditional, can not be deemed a denomination or sect; and a society having no system of public worsnip or religious services as. a sect or denomination, and being organized for the purpose of main- taining a library, and being in fact a library association merely, is not a religious society within the terms of the statute, though such society has adopted , a name implying that it was organized as a religious society for religious purposes. {The State v. Tnistees of Township 9, 7 Ohio R. Nm Series, 58.) RELIGIOUS COEPOEATIONS IN INDIANA. 243 CHAPTEE XXXVin. llELIGIOUS SOCIETIES IN INDIANA— HOW INCORPORATED SELEC- TION OP TRUSTEES AND THEIR POWERS CERTIFICATE OF ELECTION TO BE RECORDED NAME OF SOCIETT, HOW CHANGED CHURCHES MAT BE CONSOLUDATBD MANNER OP PROCEEDING. § 562. Any church or society for religious purposes in the State of Indiana, may take by purchase, grant or devise, lot^ or tracts of land, not exceeding one hundred and sixty acres, upon which to erect buildings for religious worship, or for such other purposes as will best attain the objects of such church or society, and for that purpose may elect not less than three nor more than five trustees, who are deemed a body politic and corporate, under such name and style as the church or society may elect, and by that name have power to contract, sue, be contracted with and sued, with like effect as other persons or corporations. (1 Revised Statutes, 1862, Chapter 101, Sections 1 and 9.) \ 563. Notice of the election for trustees must be given at least ten days previous thereto by publication in a news- paper of the county, if any, otherwise by posting such notice in three public places in the proper township, one of which must be at the place of the proposed election. The notice must state the time, place and object of such election, and the same must be held at the usual place of worship or meet- ing of the society, if any there be. The sopiety, at the first and every subsequent election, must appoint a clerk thereof, who must take, count and make a poll-list of the votes given for trustees; and within ten days thereafter must deposit in the recorder's office of the county, where the real estate granted is ,244 TEGE LAW OF KELIGIOU8 SOCIETIES. 'situate, a certificate, setting forth the notice of such election, the time and place where the same was held, the name of the society, and persons elected as trustees thereof; and the recorder of such county must fecord Dhe same among the records of deeds in his office. (76., Sees. 3 and 4.) § 564. As between the society, the trustees thereof and all persons claiming under them, and any person granting real estate thereto, and all persons claiming under him, such cer- tificate is declared to be conclusive evidence of the matters and things therein recited; and as between such society, the trustees thereof, and all persons claiming under them, and all other persons, the certificate is declared to be presump- tive evidence of such matters, {lb., Sec. 5.) § 565. The trustees will severally hold their offices until their successors are duly chosen, according to the rules of the society; and any society, by a majority vote, at a meet- ing of one-third of the resident members thereof, notice being given as aforesaid, may remove such trustees and elect others in their stead. The society or the trustees thereof, when organized for that purpose, may establish all nece^Sat'y by-laws to carry out the objects of its organization. Any society may appoint trustees, acool-ditig to its common usage or custom, if they desire it; but a certificate of such election or appointment, and the record of the same, as in case of their election, must not be dispensed with. [lb., Sees. 6, 7,8.) « ^ 566. The society may at any meeting, by giving ten days notice of the time and purpose thereof, change their corporate name; but the name chosen by the society must not be assumed until a record has first been made of the fact in the recorder's office of the proper county, and then the change will not affect the rights or liabilities of the society RBHeiOUS CORPORATIONS IN INDIANA. 245 or of other persons or parties. The trustees, after a record of their election or appointment is ' made in the recorder's office of the proper county, have power and authority as such trustees to receive conveyances of lands, whether the same be by purchase, gift or otherwise, and to hold the same to their successors as such trustees in perpetuity, for the sole and exclusive benefit of such society, and for the uses declared in such conveyance or grant. {lb., Sees. 10 and 11.) § 567. The trustees and their successors in office may also) acquire and possess, for the use of the society, personal pro- perty, not exceeding in value the sum of five thousand dol- lars, and may appropriate the same and the income or interest thereof, and all other funds and incomes in thei^ hands as such trustees, for the purposes designated by such society, not inconsistent with the trust; and the trustees, tO' more effectually carry out the objects of their trust, may sell, loan or otherwise dispose of their corporate property; and any conveyance thereof by such trustees, or a majority of them, in behalf of such society, will vest in the purchaser of the same all the right, title and interest thereto, though' this provision is not to be construed to affect any gift, be- quest or devise to such society, or to trustees for its use, nor to defeat the intentions of the grantor, donor or testator. {lb., Sees. 12 and 13.) § 568. When any religious society, organized as aforesaid', shall have been dissolved from any cause, a majority of per- sons interested therein may revive the same, within five years after such dissolution, by electing a new board of trustees, and making record of such election in the recorder's office of the proper county, as before provided; and whenever, from any cause, a church or religious society, holding and possessing property within the meaning of the foregoing provisions, shall have been dissolved, the annual or quarterly 246 THE LAW OF RELIGIOUS SOCIBTIES. conference, or other ecclesiastical bod;^ to which such church or religious society is directly subordinate, has power to appoint trustees, in accordance with the customs and usages of said church, to take tlie charge and control of the pro- perty of said church or society until it shall be revived as aforesaid. {lb., Sec. 14, as amended by the Laws of 1855, Oh. 107.) § 569. The officers of any society, by whatever name such officers may be design&,ted, elected in the manner herein- before in this chapter designated, or, according to the rules of any such church or religious society, may, whenever the laws or usages of the same require it, perform the duties of trustees, and in the proper name and title, will possess all the powers and be subject to the same liabilities as trustees, and the certificate of the election of such officers must be recorded the same as in the case of trustees. {lb., Sec. 16.) ^ 570. Any church or religious society holding lands and property not divided into shares, may elect or appoint six or more of its members trustees, according to its rules and usages, which trustees may purchase and hold in trust such property, and other property for such purposes, and to receive gifts and donations for the same, and they will have such power to manage such institution as is conferred on trustees otherwise provided for Theological Institutions and Mission- ary Boards, and they will be subject to the advice and con- trol of the church or religious society making their appoint- ment or election. When elected, they must, as nearly as practicable, be divided by lot into classes, those drawing the first class will be trustees one year; those of the second class, two years, and those of the third class three years, or until their successors are chosen and qualified. {Laws of 1859, Oh. 116, Sec. 2, and Laws of 1855, Oh. 70, Sec. 4.) KELIGI0U8 OOEPOBATIOSrS IN INDIANA. 247 § 571. The wardens and vestrymen of any parish, or con- gregation of any church in the State, duly chosen according to the provisions hereinaffcef stated, in accordance with the rules and usages of such church, after a record of such election shall have been made as herein provided, are declared to be deemed a body corporate and politic, under the name of war- dens and vestrymen of church, and by such name will have power to contract and be contracted with, sue and be sued, with like effect as other persons and corporations. The number to be elected must not be less than three nor more than nine; but the rector of any parish, church or congrega- tion will be ex officio a member of the vestry of the same, according to the rules, regulations and form of government of the church; and the members of the vestry, so elected, vsdll hold their offices until their successors are duly chosen, according to the rules and usages of said church. (1 H. 8. 1862, Oh. 26.) § 572. At the first and every subsequent election, the offi- cers appointed to take, count and make a full list of the votes given, must, within ten days thereafter, deposit in the recorder's office of the proper county, a certificate, setting forth the notice of such election, the time and place where the same was held, and the names of the persons elected; and the recorder must immediately make a proper record of the same. When any person so elected shall refuse to serve, or shall die, resign, or be removed from office, the remaining members of the vestry in which such vacancy may occur, are authorized to appoint another person to fill the vacancy until the next regular election. (lb., Sees. 3 and 4.) § 573. The peculiar name of any church^ parish or con- gregation may be altered or changed, as also the number of members of any vestry, so that the number be not made more nor less than the number above specified; but the 248 igE LAW OF k:eligious societibs, name chosen, und^r this- provision cannot be assumed until a record has first been made pf the fact in the recorder's office, of the proper county; and sucl) chajQge is declared not to affect the rights or liabilities of the vestry, parish oi: congre- gation, or of other persons or parties. {li., Sec. 5.) § 574. The wardens and vestrymen of any church, parish, or congregation may establish by-laws, to carry out the pbr. jects of their organizs-tion; they have power to receiv;e con- veyances of lots or lands, by purchase, gift or o^heijwise, not exceeding one hundred acres, and to hold the same to their successors, in perpetuity, for the sole and exclusive benefit of such churcl^, parish or congregation, and, for the uses declared in such conveyance or grant; they may erect and, hold buildings for religious worship, for parsonages or for educational or ben,evolent purposes; ijhey may lay out and establish suitable grounds for a cemetery, or pj^e for the burial of the dead, and after the plat thereof shall have been duly recorded in the recorder's offipe of the proper county, they will enjoy all the privileges necessary for the, preservation an,d, protection -of such cemetery; and they may appoint trustees or committees to take charge of any school, hospital or cemetery which they may estajjiish, and give direction concerning the management of the same, though such appointment will not relieve or release such, vestry, parish or congregation from any legal liability to which they may be subject. {lb., Sec. 6.) § 575. Such vestify, ap,d their successors in office, may also acquire and possess, for the use of any such papish, church or congregation, personal property not exceeding in value the sunj, of five thousand dollars, and may appropriate the same, and the income or interest thereof, and all other funds and incomes in their hands as such vestry, to the maintenance of religious worship, schools, librairies or othei: RELIGIOUS COEPORAiTIONS IN INDIANA. 249 puj-pQses not inconsistent with the tuust. And such vestry, to more ^ffectuaUy ca,rry out the objects of the trust, may sell, leajjc or otjher-vyise dispose of their corporate property; and any conveyance! thereof by such vestry, or a majority of them, ^iU vest in the pucchaiser of the same all the right, title ajo.^ iiiiterest thereto; this provision, however, is not to be coi^atrued to affect a,ny gift, bequest or devise to such parish, church QV cpjjgregation,, or to the vestry thereof, for its use, nor to defeat the intentions of the grantor, djonor or testator. {lb., Sees. 7 and 8.) § 576. The Gertiific3.te of election of the wardens and ves- trymen before mentioned is. to have the; same force and effect- as that of the election of trustees, hereinbefore in this chap- ter stated; and whenever any parish, church or congrega- tion, shall ta-Te elected a vestry in conformity to the provi- sions aforesaid, and the same may have been dissolved by the death, resignation or removal of its members, a majority of the members entitled to vote may, within five years after- such dissolution, proceed to elect a new vestry in conformity with the foregoing provisions; and such new vestry, after a record of the election shall have been made as herein required, will) possess the same "powers, and may. do and 'perform all other acts and things which by the foregoing provisions a vestry may do and perform. {lb., Sees. 9 and 10.) § 577. When, the members of two or more churches desire to form g, union,, aind assume a new name, they are authorized so to do by each church appointing three of its members as trustees, who must, within twenty days, after their appoint- ment, meet at a time and place agreed upon, and regularly organize by appointing one of their number chairman, and another secretary of their meeting; and, when so organized, they must agree upon the nam^ tl^at the upited churches 250 THE LAW OF RELIGIOUS SOCIETIES. I shall thereafter assume. The secretary must record the proceedings of the meeting in a record to be kept for that purpose, and must, within ten days thereafter, deposit in the recorder's office of the county where said church shall hold its place of worship, a certificate setting forth the names of the old churches that have united, the name of the new church, and the names of the trustees thereof, and the re- corder is required to record the same among the records of deeds in his office. (1 B. S. 1862, Ch. 27.) ^ 578. The trustees so appointed will be the .trustees of the new church until their successors shall be duly elected and qualified, and will be deemed a body politic and corpo-* rate by the name and style of the " Trustees of ," and by that name will have power to contract and be contracted with, sue and be sued, to receive and dispose of real and personal estate, for the sole use and benefit of such new church, in like manner and with like effect as other persons or corporations. After the certificate is recorded as afore- said, the trustees of the churches that have united may con- vey by deed to the trustees of the new church, and their successors in office, all the lands belonging to said old churches, which deeds milst be recorded in the recorder's office where the lands are situate; and such old trustees may also deliver to the trustees of the new church all articles of personal property belonging to the old churches; a list of the articles of personal property so delivered must be recorded by the secretary of the new church, in the church record, which articles of personal property and real estate will be held by the trustees of the new church, and their suc- cessors in office, for the use and benefit of the new church. (/5., Sees. 3 and 4.) § 579. As soon as the conveyances of the land, and the delivery of the personal property, are made as aforesaid, the EBLIGIOUS OOEPORATIONS IN MICJHIGAN. 251 old churches will be dissolved and cease to exist, and all rights, powers, privileges, and liabilities belonging thereto, will vest in and attach to the new church, with full power to the trustees thereof to sue\and be sued, the same as the trustees of the old churches could before they ceased to exist; and the new church may establish all necessary by- laws, and make all needful regulations to carry out the objects of its organization; and may appoint or elect a trea- surer, and such other officers as it may see fit to carry on its organization. {lb., Sees. 5, 6 and 7.) ^ 580. A- religious society has the undoubted right to prescribe such rules as they may think proper for preserving order, when met for public worship; and they may use the necessary force to remove a person who is disturbing the society by a willful violation of a rule. Persons who do not approve of the rule prescribed have a simple and, easy remedy. They can remain away, or retire when informed of the rule. {McLain v. Mattoch, 7 Indiana R. 525.) CHAPTER XXXIX. EELlGIOtrS SOCIETIES IN MICHIGAN — HOW ORGANIZED — THE TRUSTEES THEIR RIGHTS AND POWERS PEOPEETT OF, HOW VESTED AND HOW SOLD DEVISES TO A RELIGIOUS SOCIETY OLD RELIGIOUS CORPORATIONS CONFIRMED — ^FORM OF CERTI- FICATE OF INCORPORATION — ^FORM OF PETITION AND ORDER FOR SALE OF REAL ESTATE OF SOCIETY. § 581. In the State of Michigan any number of persons of full age, not less than five, who may be desirous of form- ing themselves into a church, congregation or' religious 252 THE LAW OF RELIGIOUS SOCIETIES. society, may sign articles of association for that purpOsp, afid assemble together at such place as they may select, and by a plurality of votes, by ballot, elect any number of dis- creet persons, being laymen, not less thail three nor more than nine in number, as trustees, to take charge of the pro- perty belonging to, and transact all the affairs relative to th© temporalities of such church, cong3?egation or religious society. (1 Oompiled, Laws of 1857, Oh. 68, Sed 2.) § 582. Any church, congregation or religious society may choose their minister, priest, curate, rector, parson, or offi- ciating clergyman, for the time being, to be the president of their corporation and of their meetings, by a plurality of votes by ballot; and at the first election of trustees every person who shall have signed the articles of association, and at any subsequent elections every person of full age, who has for six months been a stated worshiper with or con- tributor regularly for one year previous, to the support of such church,, congregatioji or society, will be entitled to vote.; {lb., Sec. 3.) § 583. The minister, pri^t, curate, parson or officiating clergyman of such congregation or society, or if none of them be present, one of the elders or deacons, church war- dens or vestrymen thereof, and for waijt of such officers,, any other person, being a member or stated hearer in such church, congre!ga:tio]j or society, must publicly notify sujch, congregation of the time when and the place where any election shall be held, at least fifteen days before the day of such election, and such notification must be given for two successive Sabbaths, on which such church, congregation or society statedly meet for public worship, next preceding the electioni {lb., Sec. 4.) ^ 584. Any two of the elders, deacons, church wardens or RELIGHOTJS COKPOEATIONS IN MICHIGAN. 253 vestrymen of such church, congregation or society, or if such officers be not present, then any two voters present, 'to be nominated by a majority of the voters, will act as inspectors of the election, receive the votes and determine the qualifi- cations of voters; and they are required immediately after the election to certify, under their hands and seals, the names of the persons elected to serve as trustees or vestrymen, in which certificate the name by trhich the said trustees or ves- trymen, and their successors in office, shall forever thereafter be known and called, must be particulajply mentioned and specified, and such trustees may in said certificate be denomi- nated vestrymen, or church wardens and vestrymen, execu- tive committee, or any other name stated in the certifioiate, provided they be elected in the manner provided, and have the powers specified in the act under which they are elected. {lb., Sec. 5.) ^ 585. The certificate aforesaid must be acknowledged by the persons making the same, or proved by a subscribing witness thereto before some officer authorized to take ac- knowledgments of deeds and records, and recorded together with the certificate of such acknowledgment or proof, by the clerk of the county within which the church or place of wor- ship of such cbngregation shall be sitiiated, who is entitled to a fee of seventy-five cents for such recording; and there- iifter it is declared that such trustees and their successors shall be a body corporate, by the name expressed in such ■certificate. {lb., 'See. 6.) § 586. The trustees may have a common seal, and may alter the same at pleasure; and they may take into their pos- session and custody all the temporalities of such churh, con- gregation or society, whether the same shall consist of real or personal estate, and whether the same may have been given, granted or devised, directly or indirectly, to such ; 254 THE LAW OF EELIGI0U8 SOOIETIBS. , church, congregation or society, or to any other person oi persons for their use. They may also, in their corporate name, sue and be sued in all courts and places; and they may recover and hold all the debts, demands, rights and privileges, all churches, buildings, burying places, and all the estate and appurtenances belonging to such church, con- gregation or society, in whatsoever manner the same may have been acquired, or in whose hands soever the same may be he^ld, as fully and amply as if the right and title thereto had been originally vested in said trustees; and they may hold moneys or personal estate, raised or acquired for the purpose of erecting churches or houses of residence for the minister or priest, or for the purchase of burial grounds, for a period not exceeding one year before the investment thereof, and not exceeding the value or amount of twenty thousand dollars; and they may hold for a period not exceed- ing three years, any land which may be lawfully conveyed, not exceeding five thousand dollars in value, to be sold for the purpose of raising a fund for erecting, repairing or im- proving a church or churches, or other building aforesaid, or for the purchase or improvement of any cemetery or burial ground. In case the lands are not disposed- of within the time aforesaid, they will' revert to the donor or grantor, his or her heirs or assigns. {li., Sees. 7 and 8.) § 587. The trustees or wardens and vestrymen, have autho- rity also, under the direction of the society or congregation, to erect churches and meeting-houses, dwelling houses for their ministers or priests, and other buildings for the direct and legitimate use of their church, congregation or society, and to alter and repair the same, but for no secular purpose. They may also make rules and orders for managing the tem- poral afiairs of such church, congregation or society, and dispose of all moneys belonging thereto, and order and regu- late the renting of pews or slips in their meeting-houses and EELIGIOtrS COEFOEATIONS IN MICHIGAN. 255 churches, and the perquisites for the breaking of the ground and burial of the dead in the cemetery or church yard, and in the said churches or meeting houses. {Ib.,Seci. 9 and 10.) § 588. The tmstees may appoint a clerk and a treasurer of their board, and a collector to collect their rents and reve- nues, and may regulate the fees to be allowed such clerk, treasurer and collector, and may remove them and appoint others in their stead at pleasure; and such clerk mi^st. enter all rules and orders made by the trustees, and payments ordered by them, in a book to be provided by them for that purpose. Any two of the trustees may at any time call a meeting of the trustees, and a jnajority of them, being law- fully convened, will be competent to do and perform all matters and things which such trustees are authorized to do and perform. The trustees may also elect their minister, pi^est, curate, rector, parson or oflSciating clergyman of the society, for the time being, to preside at such meetings, who will have no vote except in case of a tie of the board, when he may give a casting vote. (/6., Sees. 11 and 12.) ^ 589. The trustees hold their offices for three years; and immediately after their first election, they must be divided by lot into three classes, numbered one, two and three, and the seats of the first class will be vacated at the end of the first year; of the second class, at the end of the second year, and of the third class at the end of the third year, to the end that, as nearly as may be, one-third of the whole number of the trustees may Jbe annually chosen. The persons, however, entering into articles of association as aforesaid, may provide in their articles of association for the election of the whole board of trustees once in each year, at such time as they may appoint, in the manner hereinbefore in this chapter pre- scribed, and the whole number may be elected in conformity to the provisions aforesaid. {lb., Sec. 13.) 250 THE LAW OF EELIGIOUS SOCIETIES. § 590. It is made the duty of the clerk of the board of trustees, at leai^ one month before the expiratioii of the office of any of the trustees, to notify the salme in writitig to the minister, priest, curate, rector, parson or ■ officiating clergy- MM, tt'r in calse of his dieath or absence, to the elders or chilrch Wa,rde]iis, or if there be ho aiders o!r tehurch wardens, then to the deacons ot- vesttyinen of any such chilrch, con- gregation or society, specifying in such notice the names of the trustees whbse office wiUexpire, and the minister, priest, curate, rector, parson or othet officer receiving such notice must, in manner aforesaid, notify the members of such church, congregation or society of such vacancies, and ap- point the time and place for the election to supply the same. {lb., Sec. 14.) § 591. The election must be held at least six days before vacancies shall occur as aforesaid; and all such subsequent elections mUst be held and conducted by the like persons, and in the sattie maHner as J)rc)vided for the first election; and, in case any vacancy shall occtir by the death of a trus- tee, his refusal to act, or removal from the society before his term of office expires, or othei"wise, notice thereof must be given as afofesaid, and kn electibn held and ailotheir trustee chosen in his stead for tjie remainder of his term. {lb., Sec. 15.) § 592. No person belonging to any church, congregation or society incorporated under the provisions afoi'esaid, will be entitled to vote at any election, after the first, until he shall have been an attendant on public worship in such church, congregation or society, at least six months next before such election, and shall have contributed to the sup- port of such church, congregation or society, according to the usages and customs thereof. It is made the duty of the clerk of the trustees to keep a register of the names of all BELIGIOtJS CORPORATIONS IN MICHIGAN. 257 tiuch persons as may desire to become stated hearers in the said church, congregation or society, and he must note therein the time when such request was made, and attend all subsequent elections, in order to test the qualifications of such voters in case they may be questioned. {lb., Sees. 16 and 17.) § 593. The trustees have no power to fix or ascertain the salary or compensation to be paid to any minister or priest, curate, rector or parson, but such salary or compensation must, in all cases, be ascertained and fixed by a majority of the society entitled to vote at the election of trustees. {lb., S^ec. 18.) § 594. It is made lawful for the Circuit Court for the county in which any religious corporation may have been constituted, on the application of such corporation, if the court shall deem it proper, to make an order for the sale of any real estate belonging to such corporation, and to direct the application of the moneys arising therefrom to such uses as the said corporation, with the approbation of the said court, may conceive to be for the interest of such corporation. The sale, however, cannot be authorized in any case where it would be inconsistent with the express terms or plain intent of the grant, donation, conveyance or devise, by which the same was conveyed or devised to or for the use of such church, congregation or society. At least thirty days pre- vious notice of any such application to the Circuit Court must be given, by publishing the same in some newspaper published in the county,^ if one be there published, if not, by posting up notices in three or more public places in such county. (75., Bees. 19 and 20.) § 595. All lands, tenements and hereditaments lawfully conveyed by devise, gift, grant, purchase or otherwise, to [Ty.] 17 258 THE LAW OF RELIGIOUS SOCIETIES. any persons as trustees in trust, for the use of any church, congf egation or religious society, organized within the State, either for a meeting-house, burial groiind, or for the resi- dence of a preacher or priest, Avill vest and descend, with the improvements, in perpetual succession to, and will be held by, the trustees hereinbefore provided in this .chapter, in trust for such church, congregation or society. {lb., Sec. 21.) § 596. It is declared by statute that no bishop, vicar, rec- tor, parson, curate, priest, deacon or other officer of any church, religious body, order, society or association; no superior or other officer or membfer, male or female, of any religious order, ecclesiastical or lay, nor of any ecclesiasti- cal, educational or charitable institution or establishment shall, in consequence of such office or membership, or in the character or capacity of such officer or member have, pos- sess or exercise any power, capacity or franchise of a corpo- ration sole, so far as relates to the taking, holding, managing, selling or' transmitting property; and every gift, grant, de- vise, bequest, conveyance or lease of any real estate, or any interest therein, or of use or benefit to arise therefrom, or of money or other property to be invested therein or to arise therefrom, made or attempted to be made, by deed, will or otherwise, to any such officer or member, by his or her name of office or membership, or in the character of such officer or member, will be utterly .void to all intents and pur- poses; and no corporation for religious, ecclesiastical, edu- cational or charitable purposes, will be recognized as existing by the common law, the canon law or by prescription, or in any other manner, except by the express statute of the State. {lb., Sec. 22.) § 597. It is further declared that neither the canon law, nor the decrees, nor of any decree or order of any ecclesiastical RELIGIOUS COEPOEATIONS m MICHIGAN. 259 council or body, nor any custom or usage founded thereon, nor any custom or usage of any church, congregation or reli- gious society or religious order, shall be recognized or enforced in the State, so far as such law, usage or custom shall relate to the acquisition, the tenure or the control or disposition of any real estate, or any interest therein, or any trust connected or to be connected therewith. (/5., Sec. 23.) ^ 598. Every devise, gift or bequest of real estate, or any interest therein, or money or other property to be invested therein, or to arise from the proceeds thereof, or of any benefit, use or trust to be connected therewith, made or attempted by last will or testament, is declared void, so far as such devise, gift or bequest shall be or purport to be made, directly or indirectly, to or for the use of any church, congregation, religious order or religious society, or to or for the use of any ecclesiastical, educational or eleeinosynary institution, connected or to be connected with or under the control or direction of any such church, congregation, order or society, or under the control or direction, or subject to the visitorial power of any officer or officers, or other authority of such church, congregation, order or society in his, her or their official or ecclesiastical capacity, unless such will shall have been duly executed, and shall have remained, for at least two months prior to the death of the testator, without alteration or codicil, on file with the judge of pro- bate of the county in which the testator may reside; and no donation, or gift, or other transfer, by deed, lease, or other form of conveyance, not testamentary, without valua- ble or pecuniary consideration to a reasonable amount, of any lands or real estate, or any interest therein, or money to arise therefrom, or to be invested therein, made or attempted to be made to or for the use of either oi;- any of the parties for any or either of the purposes mentioned, will be valid for any purpose whatever, unless such deed or other convey- 260 THE LAW OF EELIGIOUS SOCIETIES. I ance shall have been duly executed and acknowledged, and recorded in the office of the register of deeds for the proper county, for at least two months prior to the death of the grantor or doaor. (Z6., Sec. 24.) ^ 599. Every gift, bequest, legacy or donation of any money or personal property to the amount of one hundred dollars or more, made or attempted to be made by last will or testament, to or for the use of any or either of the par- ties, or for ahy or either of the purposes mentioned in the last preceding section, is declared utterly void, if such last will or testament shiall be made during the last sickness of the testator or testatrix; and no gift, bequest, legacy or donation of money or personal property, to the amount of one hundred dollars or more, will in any case be valid, if made by last will and testament, unless such last will and testameht shall be proven in open court by the testimony of three subscribing witnesses, nor unless it shall clearly appear by the testimony of said witnesses that the whole will was read to or by the person executing the same, in their presence, and fully understood by the testator before the execution thereof, and that the same was executed at the time when it bears date. (75., Sec. 25.) ^ 600. No grant, conveyance, devise or lease, of any real estate, dedicated or apptopriated to the purposes 'of reli gious worship, 'or for any religious or ecclesiastical purposes, or appearing to be intended to be managed or controlled by any congregation or society, or any officer or officers thereof, in his or their official capacity, will Vest any right, title or interest in any person or persons to whom such grant, con- veyance, devise or lease may be made, unless the same shall be made to a corporation organized under some statute of the State, or of the late territory of Michigan, or under the RELIGIOUS COEPOEATIONS IN JjnOHIGAIir. ?61 provisions of some act amending or altering tlie same. {lb., Sec. 26.) § 601. All existing religious ^ocip|;ies heretofore incorpo- rated in pursuance of any statute of the State, or of the late territory of Michigan, and not since dLssolvesd, a,re established and poi^fii'med) but subject to the foregoing pro- visions, without impairing rights legally vested. All vacan- cies which may occur in the office of trustees of any church or religious society, must be filled by an election, as pro- vided herein for the filling of vacancies in such office; and in case of the dissolu|;ion of any religious corporation, for any cause whatever, the same may be incorporated uncjer the provisions of the -statute referre4 to in this chg,pter, at any time within six years after such dissolution; ^nd there- upon all the estate, real and personal, formerly belonging to the same, and not la^vfuUy disposed of, will vest in such cor- poration, as if there jbad been no dissolution; and it is declared that all of the provisions of the statute in this chapter speci- fied, shall apply to all churches, religious congregatioiig, religious spcietieg, religious and ecclesiastical orders, i^ikJ every association of persons for religipus purposes in the State, {lb., Sees. 27 and 28.) % 602, The form of the certificate of incorporation pf a religious society in the Stfite of Michigan, inay be sirpilar to the one given for the State of New York, tp ^vhjch rfifp,- rence m^y be had. {Ante, Sec. 182.) % 603. For the form for a petition for the sale of the land^ of a religi9us society and the order thereon, resference is made to the forms given for the State pf New York. {Ante, Sees. 277, 279.) 262 , THE LAW OF EELIGIOUS SOdETTES. CHAPTEE XL. RELIGIOUS SOCIETIES m MICHIGAN — ORGANIZATION OF PROTES- TANT EPISCOPAL CHURCHES — FORM OF PROCEEDING APPOINT- MENT OF TRUSTEES IN CERTAIN CASES MEETINGS OF, AND THEIR POWERS PROPERTY OF, HOW HELD CERTAIN OTHER SOCIETIES, HOW INCORPORATED THEIR RIGHTS AND POWERS. ^ 604. It is made lawful in the State of Michigan for any six or more persons, professing attachment to the Protestant Episcopal church, to execute and acknowledge, before any person authorized to take acknowledgfeient of deeds, one or more duplicate articles of agreement in writing, whereby they shall agree to organize a church according to the Pro- testant Episcopal church, by the name and style set forth in such articles; and upon the execution and acknowledgment thereof, such church will become a body politic and corpo- rate, by the name set forth in such articles, in iiccordance with the canons, doctrines, discipline and worship of the Protestant Episcopal church. (1 Comp. Laws of 1857, Oh. 68, Sec. 2037.) § 605. Such articles of agreement must contain (1), the name of the proposed church; (2,) the township or city and county in which it is located; (3,) the number of vestrymen, not exceeding ten,, who will have charge of the afiairs of such church, and the time of the annual meeting, which must be in Easter week; and no church can be organized in any township or city bearing the same name with any other Pro- testant Episcopal church theretofore organized therein. The articles of agreement, when duly signed and acknowledged, must be recorded in the office of the county clerk of the county in which such church is located; and it is not lawful EELIGIOUS COEPOEATIONS IN MICHIGAN, . 263 for any such church to acquire the title to any property until such articles are recorded. {lb., Sees. 2038 and 2039.) § 606. Any three or more persons who have signed the articles of agreement, may call the first meeting of such church at such time and place as they may see fit, by pub- lishing notice for ten days previous to the time of such meet- ing, in some newspaper published in the city or townshij) in •which such church is located; and if no newspaper is pub- lished therein, then such notice may be given by posting the same in three of the most public places in such city or town- ship; and at the meeting the affidavit of such posting or pub- lishing must be produced and recorded in the minutes. At such meeting, in addition to the signing of such articles, any male person of full age will be entitled to vote, who shall sign a declaration in writing, to be kept in the book of min- utes, whereby he shall signify his intention of attaching himself to said church, and accepting the terms of such arti- cles. Vestrymen may be elected at said meeting or any adjournment thereof. (lb., Sec, 2040.) § 607. At all subsequeht meetings, the right of voting must be confined to the persons who became actually enti- tled to vote at the first meeting, and to such others, male persons of fall age, as have, during the year previous, been sated worshipers in such church, and owned or .rented a pew therein, or been stated contributors to its support. The annual meeting must take place at such time in Easter week as shall be in the articles of agreement contained; and at such annual meeting an election of vestrymen must be had, to serve until the next annual meeting, and until their suc- cessors shall be chosen. (lb., Sec. 2041.) § 608. The vestrymen must choose two of their number to be wardens. They may also appoint a secretary and 264 THE LAW OF EELIGIOUS SOCIETIES. treasurer from their own number, and may employ such other agents and servants as they may see fit. Meetings of the vestry may be called by the rector of the church, or by either warden, or by any two other vestrymen, and a majority in number of the vestrymen elected will constitute a quorum for the transaction of business. The rector, when present, must preside at all vestry meetings, but will have no vote, except a casting vote in case of a tie; and, in his absence from a meeting, one of the wardens, if present, must preside. All vacancies in such vestry may be filled by the vestrymen at any meeting, and the persons elected to fill such vacancies may hold for the same period as their predecessor would have done. {lb., Sec. 2042.) § 609. All the temporal afiairs of such churches must be managed by the vestrymen thereof, and they have authority to erect, alter, repair, enlarge, and, in case they deem it necessary, to take down, or remove and rebuild any church or other building belonging to such corporation; and no owner of any pew or slip in such church will be held to be the owner of any interest in the land whereon the same is erected. All such corporations may hold such amount of real estate as shall be reasonably necessary for a church and lecture or school room, and dwellings for the ministers . thereof, but for no other purpose. (lb., Sec. 2043.) § 610. Whenever, by the constitution, rules or usages of I any particular church or religious denomiiiation, trustees are required to be appointed by any officer or officers of such church or denomination, it is the duty of such officer or offi- cers to give to such trustees a certificate of their appointment, under the hand and seal of the person or persons making the same, specifying the name by which such trustees and their successors shall forever thereafter be called and knewn; which certificate must be acknowledged or proved and RELIGIOUS COEPOEATIONS IN ILLINOIS. 265 recorded as prescribed in section live hundred and eighty- five; whereupon such trustees and their successors, appointed in accordance with the constitution, rules and usages of such church, will be a body , corporate by the name expressed in such certificate, with all the rights, powers and privileges of other religious corporations constituted according to law. {lb., 8ec. 2044.) § 611. It is not thought necessary to give any forms for incorporating religious societies under the provisions of the statute referred to in this chapter, as there will be no diffi- culty in framing the proper papers, by carefully consulting the directions contained in section six himdred and three. CHAPTER XLL UELIGIOUS SOCIETIES IN ILLINOIS — ^HOW mCOEPOKATED ELEC- TION, DUTY AND POWER OF TRUSTEES POWERS OE THE SOCIETY CAMP GROUNDS — RELIGIOUS USES CATHOLIC CHURCH — • EPISCOPAL CHURCH — CHURCH PROPERTY EXEMPT FROM TAXA- TION. § 612. It is made lawful, in the State of Illinois, for the members of any society or congregation, formed for the pur- poses of religious worship, to receive, by gift, devise or purchase, a quantity of land, tiot exceeding ten acres, and to erect or build tliereon such houses and buildings as they may deem necessary for the purposes aforesaid, and to make such other use of the same, and make such other improvement thereon, as may be deemed necessary for the benefit and convenience of such society or congregation; and such society or congregation may assume a name and elect or appoint any 266 THE LAW OF RELIGIOUS SQCaHTIES. number of trustees, not exceeding ten, who will be styled trustees of such society or congregation, by the name afore- said; and the title to the land purchased, and improvements made, will be vested in the trustees, by the name and style aforesaid. (2 Compiled Statutes 1858, 799, Sec. 44.) § 613. Immediately after the election or appointment of trustees by any society or congregation as aforesaid, the persons elected or appointed must make a .certificate, under their hands and seals, stating the date of their election or appointment, the name of the society or congregation, and the length of time for which they were elected or appointed, which must be verified by the affidavit of one of the persons making the same, and must be recorded by the recorder of the county in which the society or congregation may be formed; and the trustees will hold their office for and during the period stated in the certificate; and at the expiration of their term of service, and ever after at the expiration of the term of service of any trustee elected or appointed, the said society or congregation must elect or appoint successors, who will, in like manner, continue in office for such period as may be limited by the society or congregation; and a certi- ficate of their election or appointment must be made by the trustees whose term of service shall have expired, which must be verified by affidavit, and recorded as provided in the election or appointment of trustees in the first instance. {lb., 980, Sec. 45.) \ 614. The trustees elected or appointed as aforesaid, and their successors, are declared to have perpetual succession and existence, and the title to land authorized to be pur- chased, and to the buildings and improvements thereon, will be vested in said trustees by their assumed name, and their successors forever; and the same must and will be held for the uses and purposes herein named and no other; and such RELIGIOUS^ CORPORATIONS IN ILLmOIS. 267 trustees are made capable in law to sue and be sued, im- plead and be impleaded, answer and be answered unto, defend and be defended, in all courts of law and equity' whatsoever, in and by the name and style assumed as afore- said; and will have plower, under the direction of the society or congregation, to execute deeds and. conveyances of and concerning the estate and property authorized to be held by such society or congregation, and such deeds or conveyances will have the same effect as like deeds or conveyances made by natural persons. No deed or conveyance, however, can be made so as to defeat or destroy the interest or effect of any grant, donation or bequest which may be made to such society or congregation; but all grants, donations and bequests must be appropriated and used as directed by the person or persons making the same. {lb., Sec. 46.) § 615. Every society or congregation formed as aforesaid, has power to provide for filling vacancies which may happen in the office of trustee, and also to remove trustees from office, and to adopt such rules and regulations in relation to the duties of trustees, and the management of its estate, as the members may deem proper, not inconsistent with the consti- tution and laws of the State or the United States. (lb., Sec. 47.) § 616. Upon the dissolution of any society or congregation formed as aforesaid, the estate and property of such society or congregation will revert back to the persons, their heirs and assigns, who may have given or contributed to the pur- chase of or payment for the same, according to their respec- tive rights. A failure to elect or appoint trustees at any time, when, by the foregoing provisions, such election or appointment should be had, will not work a dissolution of the society or congregation, but the trustees last elected or appointed will be considered as in office until another elec- 268 THE LAW OF EELIGIOU8 SOCIETIES. « tion or appointment shall take place. In case of division of a religious corporation, the title to the ohproh property will remain with thog© iif connection with, and continue to con- form to the usages and discipline of the organization with which they have been before connected, although they may only constitute a minority. {lb., 981, Sec. 48; Ferraria v. Vasconcelles, 23 III. It., 456.) ^617. Any religious society may purchase, or receive by a donation, and hold any real estate, not exceeding forty acres, for the purpose of camp-meeting ground, and the lots necessary for the same; and the title to such real estate will be held by the trustees appointed by the society, and the same may become incorporated in the same manner as other trustees of religious societies. {lb., Sees. 1 and 2.) § 618, The trustees of any religious society may, under the direction of the society or congregation by whom they are elected or appointed, execute mortgages or deeds of trust, in the nature of mortgages, of and concerning the estate and property which any society or congregation are authorized to hold; and such mortgages, deeds and convey- ances are declared to have the same effect, and may be enforced by the same remedies and proceedings, as like mortgages, deeds and conveyances made by natural persons. (lb., Laws of 1857.) § 619. The law which requires the certificate of the tjnis- tees of any religious society, whose term of office expires upon the election of their successors, to be filed and recorded in the recorder's office of the proper county, is made to apply to the officers of any such religious sbciety, of what- ever name or title, whose duties correspond with thoSe of trustees. The persons elected, under the law, in the capacity of trustees, whether known by the name of trustees, wardeijs. EEXISIOUS OOEPOBATIONS IN ILLINOIS. 269 vestrymen, or any other name, may assume and continue to use the name, style or description as a corporation, by which they are known in the discipline or organization of the society to which they belongj or by which they are elected, and they must, by such name, be known and described in all matters pertaining to their said corporation. (lb., 981 and 982, Sees. 1 and 2.) § 620. All gifts and grants of land for the purpose of erecting a house of divine worship, must be made to the county commissioners of th* proper county, and their suc- cessors in office, in trust and for the use of the persons or society therein named, and the same must be held and used by such society or persons, as therein directed, for the sole use of divine worship; and the deed must be recorded in the recorder's office of the proper county, within twelve months aftel" tne execution of the same, but in no case can a grant for the erection of a house of divine worship exceed ini quantity ten acres of land. (lb., 982, Sec. 2, title "MeUffioics me».") ^ 621. Should any gift or grant, mentioned in the last preceding section, be perverted or used for any other pur- pose than contempliated as aforesaid, or be abandoned by the donors, it is declared to become vested in the county whete the lands may lie, unless otherwise directed in the gift or grant by the donor, and the same must be sold 'by the order of the county commissioners of such county, and the proceeds applied for the use of education ia such county. {lb., Sec. 4.) § 622. In all cases in which any land or lot may be con- veyed to the county commissioners, for the use of any reli- gious society, congregation or church, or to the intent that houses should be erected thereon for purposes of divine 270 THE LAW OF EELIGIOUS SOCIETIES. worship, and the society, congregation, church or person for whose use the conveyance was made, may desire to sell or otherwise dispose of the premises conveyed, and shall obtain the consent of the donor or grantor, or his heirs, or their legal representatives, to such sale or disposition, it is made the duty of the county commissioners to whom the convey- ance was made, or their successors, to execute a conveyance for the same, so as to divest the legal title, and release all claim of the county to the premises conveyed. {lb., Sec. 5.) § 623. All gifts, grants, deeds, wills and other conveyances wherein or whereby any lands, tenements or other property within the State have been, or may be given, devised or granted, or in any manner conveyed, by any person or per- sons whatever, unto any person by the name, style or title of Eoman Catholic bishop of Vincennes", or Catholic bishop of Vincennes and his successors, or Catholic bishop of St. Louis, or Eoman Catholic bishop, of St. Louis and his suc- cessors, or to the Eoman Catholic bishop of Chicago, or Catholic bishop of Chicago and his successors, or to any other person, upon the trust expressed or implied, to take, hold and receive the same for the use and benefit of any religious corporation of Eoman Catholics, or other religious or chari- table uses, are declared by statute to be go'od and valid. {lb., 984, Sec. 1.) .§ 624. All gifts, grants, deeds, wills and other conveyances of any lands, tenements or other property within the State, given, devised or graij^ted, or in any manner conveyed by any person or persons whatever, unto any person by the. name, style or title of bishop of the Protestant Episcopal church, in the St3,te or diocese of Illinois, or bishop of Illinois and his successors, or to any other person upon the trust, ex- pressed or implied, to take, hold and receive the same for the use and benefit of any religious corporation of Protestant EELIGIOTJS CORPORATIONS IN WISCONSIN. 271 Episcopalians, or for the support, aid or maintenance of the Episcopal church, of any hospital, church, parsonage, or other religious or charitable purpose within the State, are declared good and valid, and the same declaration is to apply to both gifts, grants, deeds, wills and other conveyances heretofore or hereafter made. {lb., 985, Sec, 1.) § 625. All property owned and used for religious pur- poses is exempt, by law from taxation in the State. {lb., 986, Sec. 3.) ^ 626. The certificate of incorporation of a religious society may be framed from the one prescribed for certain religious societies for the State of New York, with a trifling variation, which can easily be made by consulting the law as laid down in section six hundred and thirteen. {Ante, % 182.) CHAPTEE XLH. RELIGIOUS SOCTETIBS IN WISCONSIN HOW ORGANIZED TRUS- TEES AND THEIR POWERS ELECTIONS, AND QUALIFICATIONS OF VOTERS — ^VACANCIES IN THE OFFICE OF TRUSTEE, HOW ETLLED. § 627. In the State of Wisconsin, all persons of full age, belonging to any church, congregation or religious society, may assemble at the church or meeting-house, or other place where they statedly attend for divine worship,- and, by a plurality of votes, elect any number of discreet persons of the church, congregation or society, not less than three nor more than nine in number, as trustees, to take charge of the estate and property belonging thereto, and to transact all 272 THE LAW OP RELIGIOUS SOCIETIES. I affairs relative to the temporalities thereof. {Revised Stat- vies of 1858, Title XIII, Oh. 66, Sec. 1.) § 628. The miaister of the congregation or society, or in case of his death or albsence, one of the elders or deacons, church wardens or vestrymen thereof, and for the want of such officers, any other person, being a member or stated hearer in such chiirch, congregation or society, must publicly notify the congregation of the time when, and place where the said election shall be held, at least fifteen days before the day of election; and such notification must be given for two successive Sabbaths, on which such church, congregation o;- society shall statedly meet foripublic worship, preceding the election, {lb., Sec. 3.) § 629. Anyitwoof the elders, deacons, church wardens or vestrymen of such church, congregation or society, or if such officers shall not be present, then any two voters present, to be nominated by a majority t)f the voters, must preside at the election, receive the votes, and determine the qualifica- tions of voters; and, immediately after the -election, they must certify, under theiT liands and seals, the names of the persons elected to serve as trustees, in which certificate the name by which the said trustees, and their successors in office, shall forever thereafter "be called and known, must be particularly mentioned and specified. {lb., Sec. 4.) § 630. The form of the certificate may be similar to the toe prescribed for a religious society in the State of New York, to which reference need only be made. {Ante, Sec. 182.) § 631. The certificate .must be acknowledged by the per- sona making the same, or proved by a subscribing witness thereto, before some officer authorized to take theacknow- EELIGIOTJS COEPORATIONS IN WISCONSIN. 273 ledgment of deeds, and recorded, together with the certifi- cate of such acknowledgment or proof, by the clerk of the board of supervisors of the county within which the church or place of worship of such congregation shall be situated, in a book to be provided by him for that purpose, who is entitled to receive seventy-five cents for such recording; and thereafter such trustees and their successors will be a body corporate, by the name expressed in such certificate. {R. S., Title XIII, Oh. 66, Sec. 5.) § 6,32. Any -church, congregation or religious society may choose their minister to be the president of the religious corporation and of their meetings, by a plurality of votes at any regular meeting. At the election of trustees, every per- son of full age, who has steadily worshiped with such church, congregation or society, and has been formerly con- sidered as belonging thereto, will be entitled to a vote. {Ib^, Sec. 2.) § 633. The trustees of such church, congregation or reli- gious society thus incorporated, may have a common seal, and they may alter the same at pleasure; and they may take into their possession and custody all the temporalities of such church, congregation or society, whether the same con- sists of real or personal estate, or whether the same may have been given, granted or devised, directly or indirectly, to such church, congregation or sociQty, or to any other per- son or persons. for 'their use. They may also, in their cor- porate name, sue and be sued in all courts and' places, and may recover and hold all the debts, demands, rights and privileges, all churches, buildings, burial places, and all the estate and appurtenances belonging to such church, congre- gation or society, in whatsoever manner the same may have been acquired, or in whose hands soever the same may be held, as fully and amply as if the right and title thereto had [Tr.j 18 274 THE LAW OF RELIGIOUS SOCIETIES. / been originally vested in the said trustees. They may also hold other real or personal estate, and demise, lease and im- prove the same; but the whole of such estate, real and per- sohal, cannot exceed the yearly value or income of three thousand dollars. {lb., Sees. 7 and 8.) § 634. The said trustees also have authority to alter and repair their churches and meeting-houses, and under the direction of the society or congregation to erect churches and meeting-houses, and dwelling houses for their ministers, and other buildings for the use of their church, congregation or society. They have authority also to make rules and orders for managing the temporal affairs of such church, congregation or society, and to dispose of all moneys belong- ing thereto, and to order and regulate the renting of pews or slips in their churches and meeting-houses, and the per- quisites for the breaking of the ground in the cemetery or__ church yard, and in the said churches and meeting-houses for burying the dead. (lb., Sees. 9 and 10.) § 635. The trustees may also appoint a clerk and treasurer of their board, and a collector to collect and receive their rents and revenues, and may regulate the fees to be allowed to such clerk, treasurer and collector, and may remove them and appoint others in their stead at pleasure. The clerk must enter all the rules.and orders made by the trustees, and payments ordered by them, in a book to be provided by them for that purpose. Any two of the trustees may, at any time, ,call a meeting of the trustees, and a majority of them, being lawfully convened, will be competent to do and perform all matters and things which such trustees are authorized to do and perform. {lb., Sees. 11 and 12.) § 636. The trustees hold their offices for three years; and immediately after their first election they must be divided, RELIGIOUS CORPORATIONS IN WISCONSIN. 275 by lot, into three classes, numbered one, two and three; and the seats of the first class will be vacated at the end of the first year; of the second class, at the end of the second year, and the third class at the end of the third year, to the end that, as near as may be, one-third part of the whole number of trustees may be annually chosen. The clerk of said trus- tees, at least one month before the expiration of the office of any of the said trustees, must notify the same, in writing, to the minister, or in case of his death or absence, to the elders or church wardens, and if there be no elders or church war- dens, then the deacons or vestrymen of any such church, congregation or society, specifying in such notice the names of the trustees whose office will expire; and the minister or other officers receiving such notice must, in the manner afore- said, notify the members of such church, congregation or society of such vacancies, and appoint the time and place for the election to supply the same. {lb., Sees. 13 and 14.) § 637. The election to supply vacancies in the board of trustees, must be held at least six days before such vacancies shall happen as aforesaid; and all such subsequent elections must be held and conducted by the same persons, and in the same manner as is provided for the first election; and in case any vacancy shall happen by the death of a trustee, his refusal to act, or removal from the society before his term of office expires, or otherwise, notice thereof must be givep as aforesaid, and an election must be held and another trus- tee chosen in his stead for the remainder of such term. No person belonging to any such church, congregation or society^ incorporated as aforesaid, will be entitled to vote at any election after the first, until he shall have been an attendant on public worship in such church, congregation or society at least six months before such election, and shall have con- tributed to the support of such church, congregation o1 276 THE LAW OF EELIGIOUS SOCIETIES. society, according to the usages and customs thereof. {lb.,. Sees. 15 and 16.) § 638. The clerk of the trustees must keep a register of the names of all such persons as shall desire to become stated hearers in the said church, congregation or so.ciety, and must therein note the time when such request was made; and the clerk must attend all subsequent elections, in order to test the qualifications of such voters in case they shall be ques- tioned. The trustees have no power to fix or ascertain the salary or compensation to be paid to any minister; that must be ascertained and fixed by a majority of such society, enti- tled to vote at the election of trustees. In case of the disso- lution of any religious corporation organized as aforesaid, for any cause whatever, the same may be incorporated in the maimer aforesaid at any time within six years after such dis- solution; and thereupon all the estate, real and personal, belonging to the same, and not lawfully disposed of, will . vest in such corporation as if there had been no such disso- lution, {lb., Sees. 17, 18 and 22.) ^ 639. "Whenever, by the constitution, rules or usages of any particular church or religious denomination, trustees are required to be appointed by any minister, presiding elder, or other officer or officers of such church or denomination, it is made the duty of such minister, presiding elder, or other officer or officers, to give to such trustees a certificate of their appointment, under the hand and seal of the person making the same, specifying the name by which such trus- tees, and their successors, shall forever thereafter be called and known, which certificate must be acknowledged or proved and recorded as hereinbefore in this chapter directed, whereupon such trustees, and their successors, appointed in the same manner, will be a body corporate, by the name expressed in such certificate, with all the rights, powers and EEUGIOTJS CORPORATIONS IN WISCONSIN. 277 .privileges of other religious corporations constituted under the provisions aforesaid. (/5., Sec. 24.) ^ 640. Whenever, by the constitution, rules and usages of any particular church or religious denomination, the minis- ter or ministers, elders and deacons, or other officers elected by any church or congregation, according to such constitu- tion, rules or usages, are thereby constituted the trustees of such church or congregation, it is made lawful for such min- ister or ministers, elders and deacons, or other officers, to assemble together and execute, under their hands and seals, a certificate, stating therein the name by which they and their successors in office shall be forever thereafter called and known, which certificate must be acknowledged or proved and recorded, as hereinbefore in this chapter direct- ed; whereupon such persons, and their successors in office, will be a body corporate, by the name expressed in such certificate, with all the rights, powers and privileges of other religious corporations constituted under the provisions afore- said, (lb., Sec. 25.) 5j 641. For the form for the certificate of incorporation provided for in the last preceding section, reference may be had to the one prescribed for Eeformed Dutch churches in the State of New York. {Ante, % 135.) 278 THE LAW OF RELIGIOUS SOOTETTES. CHAPTER XLin. RELIGIOUS SOCIETIES EST WISCONSIN ANOTHER MODE OF INCOR- POEATION POWERS OF THE INCORPORATORS HOW THE REAL ESTATE OF A RELIGIOUS SOCDETT MAY BE SOLD OR MORT- GAGED PROPERTY OF SUCH RELIGIOUS SOCIETr NOT TAX- ABLE. ^ 642. In the State of Wisconsin it is also made lawful for any five or more male persons, of lawful age, desirous of forming a society for the promotion of the Christian reli- gion in connection with a church' to be associated therewith, according to their own peculiar tenets, to become incorpo- rated and possess, have, hold and enjoy all the rights, privi- leges and franchises incident to such corporations in th(e manner hereinafter mentioned. {Laws of 1860, Chap. 337, Sec. 1.) ^ 643. Such persons must execute, under their hands and seals, a certificate, substantially in the foil owing form: "Know all men by these presents that we, (insert the names) whose names are hereto subscribed, have agreed, and by these presents do agree, to become incorporated into a religious society, in pursuance of the laws of this State, by the name and style of the (here insert corporate name), of the (here insert the name of the city, village or town), and we do hereby agree that all persons who may hereafter become associated with us in this organization shall be enti- tled to equal privileges and rights in the grants and fran- chises hereby received under and by virtue of the statutes in such cases made and provided. In witness whereof, we have hereunto set our hands and seals this day of , A. D., ." {lb., 8ec. 2.) RELIGIOUS COEPOEATION8 IN WISCONSIN. 279 , § 644. The certificate thus executed must be ackowledged before some ^person authorized to take acknowledgments of deeds, and must be recorded in the office of the Secretary of State, and copies thereof, duly certified by him, will be received as evidence of the fact of incorporation, and for all other proper and lawful purposes in all courts of law and equity. The Secretary of State is entitled to receive fifty cents for recording the certificate, and the like sum for each certified copy thereof (/5., Sec. 3.) § 645. Upon the recording of such certificate in the office of the Secretary of State, the persons named therein will be deemed and regarded in law as corporators, and they and • their associates are declared by statute to be a body corpo- rate and politic, with perpetual succession, by the name and style designated in such certificate, and by such name and style are made competent to contract, and be contracted with, to sue and be sued, to answer and be answered unto, in all courts of law and equity; and they are also competent, in law, to purchase, have, hold and enjoy property, both real and personal, and to sell, dispose of and convey the same; provided, however, that such religious corporation can not deal in property of any kind, except so far as shall be necessary for the legitimate objects of the corporation, which must be to promote the Christian religion in connec- tion with a church; and the real estate to be held by any such religious corporation cannot exceed five lots in any city or village, or five acres in the country, not platted into lots. {lb., Sec. 4.) " § 646. Every such corporation, thus created, may have a common seal, and alter and renew the same at pleasure; and may also adopt a constitution and by-laws for their govern- ment, not inconsistent with the laws of the State or of the United States, and may alter or amend the same at pleasure; 280 THE LAW OF EELIGIOUS SOCIETIES. and may also designate the number and title of their officers, and may also define their powers and duties. A majority of the corporators named in the certificate, may meet at such time and place as to them shall seem fit and proper, for the purpose of perfecting their organization under the incorporar tion thus secured; and the said corporators will constitute the first board of trustees of the society, and will hold their offices until others are chosen. (li., Sees. 5 and 6.) § 647. All lands, tenements and hereditaments lawfully conveyed by demise, gift, grant, purchase or otherwise, to any persons as trustees, in trust, for the use of any religious society, organized under any law of the State, either for a meeting-house, burying ground, or for the residence of a preacher, will descend, with the improvements, in perpetual succession to, and be held by, such trustees in trust for such society. {Revised Statutes of 1858, Title XIII, Ch. 66, Sec. 23.) § 648. It is made lawful for the Circuit Court for the county in which any religious corporation shall have been constituted, on the application of such corporation, if such court shall deem it proper, to make an order for the sale or mortgage of any real estate belonging to such corporation, and to direct the application of the moneys arising there- from to such uses as the said corporation, with the approba- tion of said court, may conceive to be for the interest of such corporation. At least thirty days previous notice of any such application to the Circuit Court must be given, by publish- ing the same in some newspaper published 'in the county, if one be published therein, and if not, by posting up notices in three or more public places in such county. {lb., Sees. 19 and 20.) ^ 649. Every church^parsonage and school house belong- RELIGIOUS CORPORATIONS m MINNESOTA. 281 ing to any religious society, with the land belonging thereto, not to exceed in all three acres in any one town, village or township, or, if in a city, not to exceed one lot for each of the said buildings, are not subject to taxation for any )ur- pose except for its own improvement, {lb., Sec. 26.) § 650. For a form for the petition and order of sale of the real estate of a religious society, reference may be had to the same prescribed for the State of New York. {Ante, Sees, 277, 279.) CHAPTER XLIV. RELIGIOUS SOCIETIES IN MINNESOTA INCORPORATION OF FORM OF PROCEEDING THE TRUSTEES AND OTHER OFFICERS QUALIFICATION OP VOTERS. ^ 651. In the State of Minnesota it is made lawful for all persons of full age, belonging to any church, congregation or religious society, not otherwise incorporated, to assemble at the church or meeting-house, or other place where they statedly attend for divine worship, 'and, by a plurality of votes, to elect any number of discreet persons of their church, congregation or society, not less than three nor more than nine in number, as trustees to take charge of the estate and property belonging thereto, and to transact all affairs relative to the temporalities thereof. {Compiled Stat., Ch. 17, Sec. 15.) § 652. The minister of the church, congregation or society, or in case of his death or absence, one of the elders, church wardens or vestrymen thereof, or, for want of such officers, any other person being a member or stated hearer in such 282 THE LAW OF RELIGIOUS SOCIETIES. church, congregation or society, must publicly notify the congregation 6f the time when, and the place where the election shall be held, at least fifteen days before the day of the election; and such notification must be given for two successive Sabbaths, on which the church, congregation or society statedly meet for public worship, preceding the election. {lb., Sec. 17.) § 653. Any two of the elders, deacons, church wardens or vestrymen of such church, congregation or society, or, if such officers be not present, then any two voters present, to be nominated by a majority of the voters, must preside at the election, receive the votes and determine the qualifi- cation of voters. Immediately after the election the pre- siding officers, who are the inspectors of election, must certify, under their hands and seals, the names of the per- sons elected to serve as trustees, and in such certificate the names by which such trustees, and their successors in office, shall forever thereafter be called and known, must also be particularly mentioned and specified. {lb., Sec. 18.) § 654. The certificate aforesaid, being signed and sealed by the presiding officers of the election, must be acknow- ledged by the persons making the same, or proved by a subscribing witness thereto, before some officer authorized to take the acknowledgment of deeds, and then recorded, together with the certificate of such acknowledgment or proof, by the register of deeds of the county within which the church or place of worship of such congregation may be situated, in a book provided by him for that purpose; and thereupon such trustees, and their successors, will be- come a body corporate, by the name expressed in such certi- ficate. The register will be entitled to receive seventy-five cents for recording the certificate. {lb.. Sec. 19.) RELIGIOUS CORPORATIONS IN MINNESOTA. 283 § 655. The certificate aforesaid may be substantially in the form prescribed for certain religious societies in the State of New York, as given in section one hundred and eighty-two of this work, and reference is made to that form as a model for those who may desire one. The certificate of proof or acknowledgment must be in the precise form as of deeds of real estate; and the proper oflicer who takes the same will have no difficulty in framing one which will answer the purpose. § 656. The trustees, upon being incorporated as aforesaid, may have a common seal, and may alter the same at pleasure; and they may take into their possession and custody all the temporalities of such church, congregation or society, whether the same may consist of real or personal estate, and whether the same may hdve been given, granted or devised directly or indirectly to such church, congregation or society, or to any other person or persons for their use. {Oorrvp. Stat, Ch. 17, l^ec. 20.) ^ 657. Such trustees may also, in their corporate name, sue and be sued in all courts and places, and they may recover and hold all the debts, demands, rights and privi- leges, all churches, buildings, burying places, and all the' estate and appurtenances belonging to such church, congre- gation or society, in whatever manner the same may have been acquired, or in whose hands soever the same may be held, as fully and amply as if the right and title thereto had been originally vested in the said trustees; and they may also hold other real or personal estate, and demise, lease and improve the same; but the whole of such estate, real and personal, must not exceed the yearly value or income of three thousand dollars. {lb. 21.) § 658. The trustees will also have authority to repair and 284 THE 'law of religious societies. alter their churches and meeting-houses, and, under the direction of the society or congregation, to erect churches and meeting-houses, and dwelling houses for their ministers, and other buildings for the use of their church, congregation or society. They also have authority to make rules and orders for managing the temporal affairs of such church, congregation or society, and to dispose of all moneys belong- ing thereto; and to order and regulate the renting of pews or slips in their churches and meeting-houses, aiyi the per- quisites for the breaking of the ground in the cemetery or church-yard, and in the said churches or meeting-houses for burying the dead. {lb., Sees, 22 and 23.) § 659. The trustees may appoint a clerk and treasurer of their board, and a collector to collect and receive their rents and revenues, and may regulate the fees to be allowed to such clerk, treasurer and collector, and may remove them and appoint others in their stead at pleasure. The clerk must enter all rules and orders made by the trustees, and payments ordered by them, in a book to be procured by them for that purpose. (75., Sec. 24.) § 660. Any two of the trustees may at any time call a meeting of the trustees, and a majority of them being law- fully convened, will be competent to do and perform all matters and things which such trustees are authorized to do and perform. (Ib„ Sec. 25.) § 661. The trustees will hold their olBSces for three years; and immediately after their first election, they must be divided by lot into three classes; numbered one, two and three; and the seats of the first class will be vacated at the end of the first year, of the second class at the end of the second year, and of the third class at the end of the third ■ year, to the end, eo that as near as may be, one-third part of EELIGIOUS COEPOEATIONS IN MINNESOTA. 285 the whole number of trustees may be annually chosen. {lb., Sec. 26.) § 662. The clerk of the board of trustees, at least one month before the expiration of the office of any of the trus- tees, must notify the same, in writing, to the minister, or, in case' of his death or absence, to the elders or church war- dens, and, if there be no elders or church wardens, then to the deacons or vestrymen of any such church, congregation or society, specifying in such notice the names of the trus- tees whose office will expire; and the minister, or other offi- cers receiving such notice, must notify the members of such church, congregation or society of such vacancies, and ap- point the time and place for the election to supply the same. This notice must be given in the same manner as of the first election. {lb., Sec. 27.) § 663. Every person, of full age, who statedly worshiped with the church, congregation or society, and has been formerly considered as belonging thereto, may vote at the first election; but no such person will be entitled to vote at any election after the first, until he shall hav& been an attendant on public worship in such church, congregation or society at least six months before such election, and shall have contributed to the support of such church, congregation or society, according to the usages and customs thereof. {If>., Sees. 16 and 29.) § 664. The clerk of the trustees is required to keep a register of the names of all such persons as shall desire to become stated hearers in the said church, congregation or society, and must therein note the time when such request "^as -made, and the clerk must attend all subsequent elections, in order to test the qualifications of such voters in case they shall be questioned. {lb.. Sec. 30.) 286 THE LAW OF RELIGIOUS SOCJIETIBS. CHAPTEE XLV. RELIGIOUS SOCIETIES EST MINNESOTA INOOEPORATION OP PEO- TESTANT EPISCOPAL, AND OF CERTAIN OTHER CHURCHES CER- TAIN RELIGIOUS CORPORATIONS CONFIRMED POWERS OF RELI- GIOUS CORPORATIONS. § 665. The male persons, of full age, of any church or congregation in communion with the Protestant Episcopal church in the state of Minnesota, who shall have belonged to such church or congregation for the last three months preceding such election, and who shall have been baptized in the Episcopal church, or shall have been received therein, either by rite of confirmation or by receiving the holy com- munion, or by purchasing or hiring a pew in said church, or by some joint act of the parties and of the rector, whereby they shall have attached themselves to the Protestant Epis- copal church, may also meet and elect two church wardens,, and not less than four nor more than eight vestrymen, and incorporate themselves in precisely the same manner as a Protestant Episcopal church may become incorporated in the State of New York, and similar proceedings are to be had as in that State, which are given in full in chapter nine of this work, to which reference is made for specific directions. The provisions of the Minnesota statute are in substantially the same terms of the statute of New York, with, perhaps, the exceptions specified in the next section. {Compiled Stat. Oh. 17, Sec. 38.) § 666. By the Minnesota statute, if the rector be not present at the first election, or there be no rector of the church or congregation, then one of the church wardens or vestrymen, or any other person, may be called to the chair EELIGIOUS COEPORATIONS IN MINNESOTA. 287 and preside at the election, and, together with two other persons, make the certificate of incorporation required, under their hands and seals; which certificate must be duly acknowl- edged or proved, by one or more of the subscribing wit- nesses, before one of the judges of the- Supreme Court, or one of the judges of the court of Common Pleas of the county where the church or place of worship of the congre- gation may be situated; and the certificate must be recorded, whereupon the society becomes a body corporate in all respects as by the New York statute. (lb.) § 667. After the church or society becomes incorporated as aforesaid, it then possesses all the rights, powers and privileges of other religious societies in Minnesota, and the same persons are trustees; vacancies in the offices are filled, and elections are held, substantially, in all respects, as by the statutes of New York, referred to, and which are suffi- ciently stated in chapter nine of this work, to which refer- ence is made for directions in the manner of proceeding. § 668. Whenever, by the constitution, rules or usages of any particular church or religious denomination, trustees are required to be appointed by any ministers, presiding elders or other officer or officers of such church or denomination, it is made the duty of such ministers, presiding elders or other officer or officers to give to such trustees a certificate of their appointment, under the hand and seal of the per- son making the same, specifying the name by which sucl trustees and their successors shall forever thereafter be called and known; which certificate must be acknowledged or proved and recorded as the other certificates referred to are required to be acknowledged, or proved and recorded; whereupon such trustees and their successors, appointed in the same manner, will become a body corporate, by the name expressed in such certificate, with all the rights, powers 288 THE LAW OP RELIGIOUS SOCIETIES. and privileges of other religious corporations constituted by the general incorporating act. {Comp. Stat. Ch. 17, Sec. 36.) % 669. Whenever, by the constitution, rules and usages of any particular church or religious denomination, the minister or ministers, elders and deacons, or other officers elected by any church or congregation, according to such constitution, rules or usages, are thereby constituted the trustees of such church or congregation, it is made lawful for such minister or ministers, elders and deacons, or other officers, to assemble together and execute, under their hands and seals, a certifi- cate, stating therein the name by which they and their suc- cessors in office shall forever thereafter be called and known; which certificate must be acknowledged or proved and re- corded the same as the certificate mentioned in the last precede ing section; whereupon such persons and their successors in office, are constituted a body corporate by the name expressed in such certificate, with all the rights, powers and privileges of other religious corporations, constituted according to the provisions of the general incorporating act. (/5., Sec. 37.) § 670. Every church, congregation or religious society, incorporated in pursuance of law, previous to the passage of the general incorporating act, and not since dissolved, is established and confirmed by, the general act; and, in case of the dissolution of any religious corporation, for any cause whatever, the same may be incorporated under the provisions of the general incorporating act, at any time within six years after such dissolution; and thereupon all the estate, real aBd personal, formerly belonging to the same, and not lawfully disposed of, will vest in such corporation as if there had been no dissolution. (73., Sec. 34.) § 671. Whenever any church' or religious society, organ- ized as a church or congregation, but not incorporated EELIGIOUS CORPORATIONS IN MINNESOTA. ' 289 in pursuance of law, hall comply with the provisions of the general incorporating act, and thereby become a body cor- porate, all the estate, real and personal, which shall have been lawfully conveyed to the said church or religious society, or to the trustees or vestry thereof, in trust for the use of such church or society, whether by devise, gift, grant, purchase or otherwise, and not lawfully disposed of, will thereupon vest in the said corporation as fully and amply as if the said church had been legally incorporated from the date of its religious organization; provided, always, that the name or title publicly assumed or borne by such church or society from the date of its organization as such, and none other, shall be the title by which it shall forever be known in law, and as a body politic and corporate. {lb., /8'e County of Dubuque, J We, the undersigned, citizens of the United States, and a majority citizens of the State of Iowa, do hereby certify that we have associated ourselves together for religious purposes, ^92 THE I4W OE EpLIGIOUS SOCIETIES. as a religious society. That the name or title by which such society shall be known in law is " The First Presbyterian Church of Dubuque." That the object of the society is to maintain divine worship and the gospel ministry, according to the rites of the Presbyterian Church in the United States. That the number of trustees, to manage the temporal affairs of the society, is fixed at nine; and tha;t tbp fpllc^^ig are the names of the trustees of such society, for the first year of its existence, viz: A. B., C. D., &c. &c.. Witness our hands at Dubuque, this day of 18 . (Signatures.) ^ 679. The form of acknowledgment will bp the same as of a deed of real estate, and need not be given in this place. The certificate must be in duplicate, each copy signed and acknowledged, and then one of the duplicate certificates, thus signed and acknowledged, must be filed in the office of the Secretary of State, and the other duplicatp certificate, thus signed and acknowledged, must be filed in the office of the recorder of the county in which the obijects of the society are to be carried out. {Revised Laws of I860, Ch, 53, Sec. 1193.) \ 680. Upon filing the duplicate certificate, in the manner aforesaid, the persons who shall have signed and acknowl- edged the same, and their associates and successors, will, thereupon, by virtue of the act under which the certificate was made and signed, acknowledged and filed, become a body politic and corporate by the name stated in such, cer- tificate, and,>by that name, they and their successors shall and may have succession, and be persons in law, capable of suing and being sued, and they and their successor^ ruay have and use a common seal, and alter and change the same at pleasure. {lb., Sec. 1194.) § 681. The persons thus making and acknowledging the certificate as aforesaid, and their successors, by their corpo- RELlGIOtTS COSi-ORAtlONS IK IOWA. 293 rate name, will be capable in law, of taking, receiving, pur- chasing and holding real and personal estate, to rnake by-laws for the management of the affairs of the society, not incon- sistent with the constitution and laws of the Sfalte or of the United States, and to alppoint the officers and algeife of such society for the management of its affairs. (/5.) ^ 682. The society so incorporated finaiy annually, oi oftener, elect froin its members its trustees, at such tinie and place, in the maJMer which niay be specified in its by-laws, and the trustees will have the control and management of the affairs and funds of the society, a majority of whom are made a qWorutn for th^ traiisabtion of business; and whenever any vacancy may happen ainibng such trustees, by death, resigna- tion or neglect to serve, such vacancy may be filled in the manner to be provi'ded by the by-laws of the society. (li. See. 1195.) ^ 683. In case it should at any time happen that an election of trustees for the society was not made on the day desigi nated by the by-laws, the society for that cause will not be diissolved, but it is niade lawful for the society, on any other day, to' hold an election for trustees, in such manner as niky be directed by the by-laws of the society. {16'., Sec. 1196.)' § 684. The peMons thus ihcorporatiiig them^felves as sC religious society must be careful not to select, use or specify in their certificate, a nanie or style, by which they propose to be knbwn in law as a bodjf corporate, similar to any society which may have been before incorporated and then existing in the Statte. {lb., Sec. 1197.) § 685. Any society, thus incorporated, is made capable of taking, liolding or receiving ahy property, real or jiersbnal, 294 THE LAW OP EBMGIOUS SOCIETIES. by virtue of any devise or bequest contained in any last will or testament of any person whatsoever, provided, that no per- son having a wife or child, or parent, shall devise or bequeath to such society more than one-fourth of his or her estate, after the payment of his or her debts, and such devise or bequest will be valid to the extent of such, one-fourth. This provision is precisely simila?' to the one in the New York statute, referred to in sections one hundred and fifty-two and one hundred and fifty-three of this work, and the object of the provision in both cases is undoubtedly the same. {lb., Sec. 1198. § 686. The foregoing provision of the statute does not limit the quantity or value of the property that may be held by the religious society, but only restricts the purposes for which it may be acquired and applied. A grant to trustees, for the use and benefit of a church to be afterwards organ- ized, with no power to the trustees to create the beneficiary, or to appropriate the land or funds arising therefrom, for any purpose, until such organization, will be upheld so as to pass the title, if such church shall afterwards, within a reasonable time, be so created or brought into existence, as to acquire and hold property, or be the recipient of a charity. But the doctrine of cy pres, at least in its original form, as administered in the English courts, is not recognized in the coui'ts of Iowa. {Miller v. Chittenden, 2 Iowa Rep., 315.) § 687. When property is devised to a charitable or reli- gious use, consistent with law and public policy, and the object is specified, and capable of being carried into effect according to the intention of the donor, and even though no trustees were appointed, and the object of the testator's bounty is incapable of taking the legal title, the terms of the vrill create a trust in the property in the hands of the heirs RELIGIOUS CbBPOBATIONS IN IOWA. 295 of the testator. So held in a case where the devise was to an unincorporated religious society, for the purpose of aiding in erecting, finishing, repairing, &c., of the house of worship of said unincorporated religious society, and trustees were named by the testator to receive and execute the trust. {Johnson v. Trustees of M. E. Church, 4 Iowa Rej)., 180.) § 688. For the purpose of carrying into effect the intent of the testator, courts will sanction any mode pointed out by him, consistent with the rules of law. Such intent will not be set aside because it cannot take effect as fully as the tes- tator intended, but it will be allowed to work as far as it can. When the devise is present and immediate, there must exist a competent devisee and a present capacity to take; but if there exists in the bequest the least circumstance from which to collect the testator's intention of anything else than an immediate devise, to take effect in presenti, then, if confined within legal limits, it ip good as an executory devise. {Mil- ler V. Chittenden, i Iowa Rep., 252.) 1 § 689. When, however, the party to whom a devise is made, takes no beneficial interest, and the cestui que trust is not sufficiently indicated, the devise will be void. In a devise there is the same necessity for a cestui que trust, capable of taking the beneficial interest, and so defined and pointed out as that there shall be no uncertainty, as there is for a pro- perly defined grantee in a deed. If there is such uncertainty, as that it cannot be known who is to take as beneficiary, the trust will be void, and the heir, by operation of law, will take the legal estate, stripped of the trust. {Lepage v. ' McNamara, 5 Iov}a Rep., 124.) ^ 690. The trustees of any existing religious corporation, not organized under the provisions of the statute referred to in this chapter, may, by conforming to the requirements of 296 THE LAW OF RELIGIOUS SOCIETIES. such provisions, re-incorporate themselves, or continue their existing corporate powers, and all property and effects of such corporation will vest in and belong to the corporation thus re-incorporated or continued. {Revised Laws of 1860, Chap. 53, Sec. 1199.) CHAPTER XLVn. EELIGIOUS SOCIETrES IN KANSAS HOW INCORPOEATED ^MODE OF PROCEEDING INCORPORATION OF CHURCHES MODE OF PROCEEDING BOARD OF TRUSTEES — THEIR POWERS — VACAN- CIES, HOW FILLED CORPORATE NAME, HOW CHANGED. § 691. In the State of Kansas the legislature is prohiMted from passing special acts conferring corporate powers. All religious societies must therefore be incorporated under gen- eral laws, which may at any time be amended or repealed. (8taie Const., Art. XII, Sec. 1.) § 692. By an act of the legislature of the State it is made lawful for any religious society or denomination to elect, at a meeting of a majority of the members of any organized church called for that purpose, provided ten days' public notice has been given, any number of trustees, not lessj than three, to serve as .trustees or vestrymen, and one mem- ber as clerk, who will hold their offices for one year, or during the pleasure of the society. {Oomp. Laws of 1862, Ch. 44,. See. 38.) \ 693. The clerk of the society thus appointed must make a truie record of the proceedings of the meeting, certify and deliver the same to the recorder of the county in which the meeting was held, together with the name by which such RELIGIOUS CORPORATIONS IN KANSAS. 297 church shall thereafter desire to be known. It is made the duty of each county recorder, immediately upon receipt of such certified statement, to record the same in a book to be kept by' him, provided for that purpose at the* expense of the county, for which service he may demand and receive the sum of ten cents per oiie hundred words. From and after making such record by the county recorder, the said trustees, and their associated members and successors, will be vested with the powers, privileges and immunities inci- dent to aggregate corporations. A certified transcript of the record made by the county recorder is made evidence in all courts and places of the existence of such society and corpo- ration, {lb., Sec. 39.) ^694. It is further provided that the said trustees, direct- ors or vestrymen, and their successors in office, shall have perpetual succession by such name as may be designated as aforesaid, and by such name shall be legally capable of con- tracting and of prosecuting and defending suits; and shall have capacity to acquire, hold, enjoy, dispose of and convey all property, real and personal, which they may acquire by purchase, donation or otherwise, for the purpose of carrying out the intentions of such society, but they can not acquire or hold! property for any other purpose. {lb., See. 40.) § 695. The congregation .or society when thus incorpo- rated, may elect such officers, and make such rules and regu- lations as may be necessary and expedient for its own government and the management of its fiscal and other affairs, to effect their objects. {lb., Sec. 41.) § 696. If the board of trustees or vestrymen shall be vacated, in whole or in part, by death, resigna)tii©i!i or other- wise, the same may be revived, or such vacancy or vacancies filled, in the same manner pointed out for the original organ- 298 THE LAW OF RELIGIOUS SOCIETIES. ization of such board; and a majority of the trustees or ves- trymen, are constituted a quorum for the transaction of busi- ness. {Tb., Sec. 42.) § 697. The society will not be permitted to employ its means, assets or other property, directly or indirectly, for any other purpose whatever than to accomplish the legitimate objects of its creation. {lb. 45.) \ 698. The name of the society may be changed by the decree of the probate court of the county in which the society is located, upon petition to be filed by such society, and upon good cause shown. Thirty days' notice of the object and prayer of the petition, must be published in a' newspaper of general circulation in said county, and the decree must be made at a regular term of the court, after the publication of said notice. Probably one publication of the notice would be sufficient, but it must be at least thirty days prior to the term at which the decree may be granted. If the name of the corporation is changed, a copy of the decree must be filed with the Secretary of State, or in the office of the county recorder. {lb., /Sees. 48 and 49.) § 699. It has also been provided by an act of the legisla- ture that any three communicant members of any church may call a public meeting of the church members, giving at least eight days' public notice thereof, at which a majority of the members of such church present may, if they see fit, elect any number, from one to five, of such communicant members of the church as a board of trustees, who will there- upon be and become a body corporate, with such corporate name, as they may adopt, with perpetual succession, and will hold office until their successors are chosen. {lb., Chap. 45, Sec. 1.) RELIGIOUS COEPOEATIONS IN KANSAS. 299 § 700. The board of trustees, thus incorporated, may sue and be sued in all courts of law or eqmty, and may (subject to the regulations fnade by the said church) acquire, hold, convey and dispose of all kinds of property for "the use and benefit of such church. The trustees, however, ,will not be permitted, a;s such trustees, to usurp or exercise any of the functions of the officers having charge of the spiritual afiairs of the church. (/5.) ^ 701. In case of the death of a trustee, the title to, and control of, such property will vest in his associate or asso- ciates; and if he have no associate or associates, then the title and control of such property will vest in the church members, until the election of his successor or success- ors, when such title and control will vest in them. {lb., Sec. 2.) \ 702. The trustees thus incorporated are declared to be perpetual, by elections of successors, in the manner named, and at such times as the rules of the church may prescribe; but a trustee may be removed, and his successor chosen, by a vote of two-thirds of the members of the church present at a business meeting. (/5., Sec. 3.) § 703. One of the trustees is required to act as clerk of the board, and must file, within one month after each elec- tion, at the office of the register of deeds of the county in which such church is situated, an affidavit setting forth the notice of the election, the election, and the names of the trustees. The affidavit must be recorded in such register's office, and the record of the affidavit is made prima facie evidence of the regular election and qualification of subh trustees. {lb., Sec. 4.) 300 THE LAW OF fiBlIJ€*i0n^ SOdTfiTIES. CiEIAPTEK XLVm. RELIGIOUS SOCIETIES IN DELAWARE— MODE OF INOOKPOBATION— THE TRUSTEES CORPORATE POWERS PROTESTANT EPISCO- PAL CHURCH— MORTMAIN RESTRICTIONS LUVIITATION OF PRO- PERTY. § 704. In the Sta-^e of Delawstre any religious society or' congregation of Christians, consisting of fifteen or inore persons, may become incorporated b^ the election of trus- tees, not less than; three nor more than twelve, and the taking a name atad c6rtif;fing the saihe, toder the h'ands and seals of said trustees, to the recorder of deeds. The trus- tees must be elected at a public meeting of the society or congregation, held at their usual place of Ts^orship, oh ten days' nkitice by advertisement at the front door of such place, and by a plurality of toters of the members present. The proceeding is Very simj)le and no forms are necessary to be giveni (Revised Code' of 1852, Ch. 39, Sees. 1 and 2.) § 705. The trustees so elected, and their successors, are declared to^ be a corporation, by the name so' adopted and certified; they Will have perpetual succession, with all thie incidents and franchises of a corporation aggregate, and' 'with power to purchiase, receive, hold and enjoy property, real and personal, for the use of the said society or congregation; their ministers or members, or for schools, alms-houstes' or burying-groundsi The acts' of a niajorily of the trustees are declared to be -^^alid',. and it is provided that all tlie 6i^£l,te, right and title which any such society or congregation hiay have in any property, real or personal, in themselves or by trustee, or for their use, before incorporation, shall, upon BELIGIOUS COEPOKATIONS IN BBLAWAEE. 301 incorporation, become vested in the trustees, who m3,y grp-nt, demise or dispose of the same. (75., Sees. 3 and 4,) ^ 706. Other trustees may be elected, and vacancies filled by electipfli as prescribed for the first election, and the elec- tion of a successor to any trustee will remove him from office. (/^., Sec. 5-) § 707. The trustees ipust cl^oose pne pf their ow^ number chairman. He will ha,ve custody pf the seal and all bppks and papers of the corporation; he must make fair entries in the books of all the procee(lipg§ of the trustees, and every member of the society or congregation must have access thereto. The registry, kept in any sych books, of marriages, births, deaths or burials, is made evidence in aU courts; and the copy of sny entry, certified under the corporate seal and hand of the chairman, is also made evidence. {Jb., 8ecs, 6 and 7.) § 708. The trustees may also choose one of their number treasurer, and may require him to give security. The trea- surer must receive and account for all the money of the corporation. If no treasurer be chosen, the chairman must receive and account for such money. It is entirely optional with the trustees whether they shall have a treasurer, or devolve the duties on their chairman. (lb., Sec. 8.) § 709. The rector, wardens and vestrymen of any Pro- testant Episcopal church, on certifying their name or style, as provided by law for other religious societies or congrega- tions, are declared to be a corporation, with the franchises, rights and powers vested in trustees of other religious societies. {lb., Sec. 9.) § 710. It is provided, however, that all gifts or grants to 302 THE LAW OF RELIGIOUS SOCIETIES. any such corporation, of any real estate, or of money secu- rities, or other thing of value, to be laid out in real estate, must be by deed duly executed, delivered, acknowledged and recorded, at least one year before the death of the donor or grantor, to take effect presently for the use of the corpora- ^ tion, and without any power of revocation, trust, condition or limitation whatever, or the same will be void, unless such grant shall be really and bona fide for a full and valuable consideration actually paid, without fraud or collusion, before executing such deed. {lb., Sec. 10.) § 711. The yearly, rents and profits of the whole real estate held or enjoyed ^y or for any such corporation, cannot legally exceed three hundred dollars; and the yearly interest or income of all its personal property cannot exceed six hundred dollars; although it is provided that all real estate, bona fide given or granted by will, deed or other conveyance to any religious society or congregation, or to any one in trust for them, or to their use, before the twentieth of Octo- ber, A. D;, 1744, shall be for the use of the same, according to the intent of the donor or grantor, and the form and effect of the will, deed or conveyance; provided the said society or congregation shall have been, for twenty years hitherto, in the adverse and quiet possession of the same. {lb., Sees. 11 and 12.) RELIGIOUS C0EP0BATI0N8 IN MARYLAND. 303- CHAPTEE XLIX. RELIGIOUS SOCIETIES IN MARYLAND ^HOW FORMED tHE TRUS- TEES POWERS OF CORPORATIONS QUALIFICATION OF VOTERS IN CORPORATE AGREEMENT TO BE RECORDED EPISCOPAL CHURCHES, HOW INCORPORATED. § 712. In the State of Maryland it is declared by general statute, that in every Christian church, society or congrega- tion, of whatever sect, order or denomination, known and acknowledged in the State, and protected in the free and full exercise of their religion by the constitution and laws thereof, there shall be sufficient power and authority in all the male persons, above twenty-one years of age, belonging to any such church, society or congregation, to elect, at their discretion, certain sober and discreet persons, not less than five nor more than thirteen; which persons, so elected, upon being registered as hereinafter directed, are constituted a body politic or corporate to act as trustees in the name and behalf of the particular church, society or congregation for which they are respectively chosen, and to manage the estate, property, interest and inheritance of the same. (1 Code of General Laws of 1860, Art. XXVI, Sec. 88.) § 713. The trustees so elected are declared to have per- petual succession by their name of incorporation, and are capable in law to purchase, take and hold, to them and to their successors, in fee or for a less estate, any lands, tene- ments or hereditaments, rents or annuities, goods or chattels within the State, by the gift, bargain, sale or devise of any person, body politic or corporate, capable of making the same, and to use or lease, mortgage or sell and convey the same in such manner as they may judge most conducive to ,304 THE LAW OF EBLIGHOtJS SOCIETIES. the interests of their respective churches, societies or cor- porations, unless the property so held by such religious cor- , poration be so held under an instrument prohibiting such sale; and, provided the yearly value of the estate of any such church, society or congregation (exclusive of the rents of pews, collections in churches, funeral charges, and the like) shall not exceed the clear yearly value of two thousand dollars. {lb., Sec. 89.) ^ 714, Every such body politic must be chosen, and the succession kept up, at such times and places as are ordinarily used for public meetings of the said church, society or con- gregation, and by such persons as are allowed to have a voice in the management and direction of their congregational or temporal concerns, according to the known custom and usage of their respective denominations; or the said body politic or corporate must be chosen, and the succession kept up, according to the rules, regulations and practice that may have been heretofore adopted and agreed upon, or that may be at the first time of electing agreed upon and adopted by any particular church, society or congregation, for directing or managing their congregational or temporal affairs. {lb., Sec. 90.) § 715. Every trustee, or member of any such corporation, must be of the same religious sect or denomination with the church, society or corporation by which he is chosen. The minister for the time being, or senior minister when there are more than one settled in any church, society or congre- gation, will always, in virtue of his ministry, be a membet of the body politic or corporate, belonging to the same, exclusive of the number heretofore prescribed. (J6., Sees. 91 and 92.) \ 716. Should any contest arise in any church, society or EELIGIOUS CORPORATIONS IN MARYLAND. 305 congregation, about the right of voting, or whether the elec- tion has been fairly conducted, agreeably to the true intent and meaning of the article herein referred to, the parties contending must each of them choose one discreet and repu- table persoi^ from amongst the members or trustees of some neighboring congregation orsociety of the same religious per- suasion, if any such there be, and, if none such, then to any other christian society, which two persons must choose a third, qualified in like maimer; and the said three persons must meet at the place where the difference has arisen and hear and determine upon the matter, and their judgment or award, or the judgment or award of a majority of them, certified under their hands and seals, to the contending par- ties, is made final. {lb., 8ec. 93.) § 717. At the first election or appointment of every body politic or corporate aforesaid, every church, society or cor- poration assembled as already directed, must determine on their plan, agreement or regulation, specifying distinctly the time and manner of electing trustees, and the manner in which the succession shall be perpetuated, and containing an exact description of the qualifications of the persons severally electing and elected, and to elect and to be elected thereafter, and also the name, style or title of the corporation by which it shall thereafter be known, and the name of the church, society or congregation choosing the same. {lb., Sec. 94.) § 718. The plan, agreement or regulation must be entered in the book hereinafter directed to be kept by every such corporation, and the same must be acknowledged by the trustees, or a majority of them, before and certified by two justices of the peace of the county in which the said church, congregation or society, or the greatest number of them, shall reside, or the same may be acknowledged before and certified by a judge of the Circuit Court, after being well [Tt.] • 20 .306 THE LAW OF RELIGIOUS SOCIETIES. assured by the said trustees, or a majority of them, that the proceedings have been legally and duly conducted. {lb., Sec. 95.) § 719. The plan or agreement so acknowledge jl and certified must be filed, by the said trustees, with the clerk of the Circuit Court of the county where the said church, society or congregation, or the greater part of them reside, or the clerk of the Superior court of Baltimore city, if they, or the greater part of them, reside in the city of Baltimore, within six months after such acknowledgment shall be made, and the same must be recorded, at the expense of the corpora- tion, in a book to be kept for that especial purpose. If any change should be made in the original plan, by authority of the congregation, such change must, in the same manner, be made known and recorded. {lb., Sees. 96 and 97.) § 720. Every such religious corporation or body politic, their successors, or a majority of them, may appoint the times and places of their meeting, and the number necessary to constitute a quorum, and must provide and keep a good and sufficient record book, and cause to be therein registered all their proceedings, subject at all times to the inspection ■ of the several members of the church, society or congregar tion; and the same must be laid before a public meeting, when required by any five or more of the same; and the said trustees, or a majority of them, have fulf power to frame and adopt such rules and ordinances, for conducting their concerns, as may be necessary and convenient for accomplish- ing the end of their institution. {lb., Sec. 98.) § 721. Whenever any number of persons belonging to any church or congregation, sufficient to build a church or house of worship, and to maintain a minister, shall choose to separate from the church or congregation of which they KELIGIOUS CORPORATIONS TS MARTIMND. 307 hftve hitherto been a part, and to erect a house of worship and employ a minister for themselves, it is made lawful for them to do so; and they will, by their respective name or style, be entitled to all the benefits of the article relating to their incorporation; provided, only,' that all arrearages, debts and engagements contracted, due or becoming due, while members of the. former society, shall be pimctually and faithfully discharged. {lb., 86c. 99.) \ 722. The person or persons holding lands, or goods and chattels, in trust for any particular church or society, are required to convey the same to the corporation of such par- ticular church or society, as soon as the same shall be formed under the article relating to religious corporations. {lb., Sec. 100.) § 723. Protestant Episcopal* churches may incorporate their vestries in the several parishes, according to the usages of the Protestant Episcopal church. {lb.. Sec. 101.) § 724. The trustees, and not the congregation, constitute the corporation of the church, under the provisions of the article relating to religious corporations. {Bethel Ohwch v. Carnach, 2 Maryland Oh. B., 143.) 308 THE LAW OP KELIGIOU8 SOCIETIES. CHAPTEE L. UHUKOUJJ S IN VIRGHNIA — yiO EELIGIOtTS COEPOEATTONS — PEO- PEETT OP CHUECH, HOW ACQUIEED TEUSTEES OF CHUECH LANDS — SALE OF CHUECH PEOPEETT — GLEBE l4ANDg. § 725. They have no regularly incorporated religious societies or churches in the State of Virginia. The consti- tution prohibits them, though religious societies and churches are recognized and protected by law, and property may be legally acquired, held ajad disposed of for the use and bene- fit of religious societies, congregations and churches, {State Const., Art. IV, Sec. 32.) ^ 726. Every conveyance, devise or dedication of land for the use or benefit of any religious congregation, as a place for public worship, or as a burial place, or a residence for a minister, is declared valid by act of the general assembly of the State; such land must, however, be held for guch use or benefit, and for such purpose and not otherwise. {Code of Va. of 1849, Oh. 77. /See. 8.) § 727. The Circuit Court of the county or corporation wherein there i9ay be any parcel of such land or the greater part thereoif, may, on the application of the' proper authori- ties of such congregation, from time to time, appoint trustees, either where there were or are none, or in place of former trustees, and change those so appointed, whenever it may seem to the court proper to eflect or promote the purpose of the conveyance, devise or dedication; and the legal title to such land, for that purpose, is veited in the said trustees for the time being and their successors. {lb., Sec. 9.) EEUGious sodETTES IN yntanoA. 309 ^ 728. "When books or furniture shall be given or acquired for the benefit of such religious congregation, to be used on the land aforesaid in the ceremonies of public worship, or iat the residence of their nainister, the same is declared to stand vested in the trustees having legal title to the land, to be held by them as the land is held, for the benefit of the congregation. {lb., Sec. 10.) \ § 729. The trustees aforesaid may, in their own names, sue for and recover such lamd or property, and be sued in relation thereto. Such suit, in case of the death of any of the trustees, or the appointment of others, will proceed in the names of the trustees by or a£;ainst whom it was insti- tuted. (76-, Sec. IL) ^ 730. The trustes are prohibited from taking or holding, at any one time, more than two acres of land in an incorpo- rated town, nor more than thirty acres out of an incorporated town. (Id., Sec. 12.) § 731. Any one or more of the members of any religious congregation may, in his or their names, on behalf of such congregation, commence and prosecute a suit in equity against any such trustee, to compel him to apply such fand or property for the use or benefit of the congregation, as his duty shall require* No member of the congregation need be made a defendant to sucl; suit, but, in other respects, th^ same will be proceeded in, heard and determined as other suits in equity, except that it may be proceeded in notwith- standing the death of the plaintiff, as if he were still living, {lb., Sec. 13.) § 732. The real estate used for divine worship ie declared exempt from taxation. {Laws of 1852-3) Oh. 7, ,i9'ec. 2.) 10 THE LAW OF RELIGIOUS SOCIETIES. § 733. "Whenever any religious congregation, for whose use a conveyance, devjse or dedication of land may have been lawfully made, shall deem their interest will be promoted by a sale of such land, it is made lawful for any member of such congregation, in his name, and on behalf of the other members thereof, to prosecute a suit in equity for the pur- pose of effecting such sale, in the Circuit Court of the county or corporation in which such land, or the greater part there- of, may lie, against the trustees, or the survivors of them, in whom the legal title may be; and it is made, lawful for such court, if a proper case be made, and the court be of the opinion that the rights of others will not be violated there- by, to order the sale of such land, and make such disposition of the proceeds thereof as the congregation may desire. {Laws of 1852, Chap. 99, Sec. 1, as amended by Laws of 1855-6, Chap. 37.) § 734. No member of the congregation need be made a defendant to such suit, but any member thereof may volun- tarily enter himself as such, and conte'st the same. In other respects the suit must be heard and determined as other suits in equity, except that it may be proceeded in notwith- standing the death of the plaintiff, as if he were living. {Ldws of 1852, Ch. 99, 8ec. 2.) § 735. A charity for the benefit of the poor of a parish in Virginia, given in trust to the minister and vestry, when they ceased to be either, was held to be vested in the over- seers of the poor of the parish, and they may recover the charity in equity. When the testator leaves the mode of investing the fund to the discretion of the trustees, a court of equity will not interfere ^by directing the manner of iuvtbiH,,,::!. {Quevaeers of the Poor of Richmond Co. v. Tay- lor's Administratorsy 1 Va. Rep. 336.) EEIilGtlOUS SOCIETIES IN VIEGINIA. 311 § 736. The code of Virginia does not authorize a devise of land for the use of a religious congregajtion, but only a conveyance by deed. The reason of the legislature in with- holding such authority was the fear of an excessive and inordinate alienation of property to religious uses, which is most jealously guarded against, both by the policy of the law and the provisions of the State Constitution. The law likevidse prohibits a bequest &f money, to be expended in building a church at a specified plac.e, or for the support of the pastor of such church. (^State Constitution, Art. IV, Sec. 32; Seabum's Executor v. Seaburn, 15 Grattemis Rep. 423.) § 737. According to the spirit of the act " concerning the glebe lands and churches " within the commonwealth of Vir- ginia, no glebe land will be considered vacant, and as such liable to be sold, if there were, on the 12th day of January, 1802, any minister who, in behalf of the Protestant Episco- pal church, had been put into possession, and was the incum- bent thereof on that day, whether the persons acting as a vestry, by whom he was inducted, had been canonically elected or not. {Olavghton v. McNaughten, 2 Mumf. Rep. 513.) § 738. Freeholders and housekeepers acquire no property in the proceeds of glebe lands sold by the overseers of the poor under the provisions of the code, and they can not maintain an action therefor. They have the bare power and atithority to direct the appropriation of such proceeds to other objects than the poor of the parish. {Cheatham, Ad- winistraior, v. Burrfoot, 9 LeigKs Rip. 580.) Ol2 • IHB LAW OF RELIGIOUS SOCIETIBS. CIIAPTEE LI. EELIGIOUS SOCIETIES m NOKTH CAEOLDfA PEOPEETT OF TRUSTEES, HOW APPOINTED — THEIE DUTIES — ^LIMITATION OF PEOPERTY HELD BT. § 739. In the State of North Carolina, all glebe lands and tenements purchased, given or devised for the support of any particular ministry, or mode of worship; aiiid all churches, and other houses built for the purpose of public worship; and all lands and donations of any kind of property or estate that have been or may be given, granted or devised to any church or religious denomination, religious society or congregation within the State,J'or their respective use, must be and remain forever to the use and occupancy of that church or denomination, society or congregation, for which the said glebes, lands, tenements, property and estate were so purchased, given, granted or devised, or for which the said churches, chapels or other houses of public worship were built; and the estate therein is deemed and held to be absolutely vested, as between the parties thereto, in the trustees respectively of the' said churches, denominations, societies and congregations for their several use, according to the intent expressed in the conveyance, gift, grant or will; and in case there be no such trustees, then in the said churches, denominations, societies and congregations respect- ively, according to such intent. {Revised Code, Chap. 97; Sec. 1.) § 740. All houses and edifices, erected for public religious worship on vacant lands, or on lands of the State not for other purposes intended or appropriated, together with two acres adjoining the same, may and must be held and kept REIJG10TJ8 SOOIBXTES IN NORTH CAROLINA. 313 sacred for divine worship, to and for the use of the society by which the same was originally established. (lb., Seo. 2.) § 741. The conference, synod, convention or other ecclesi- astical body representing any church or religious denomina- tion within the State, as also the religious societies and congregations within the State, may, from time to time, and at any time, appoint in such manner as such body, society or congr^ation may deem proper, a suitable number of per- sons as trustees for such church, denomination, reb'gious society or congregation, who, and their successors, have powes,to receive donations, and to purchase, take and hold property, real and personal, in trust for such church or denomination, religious society or congregation, {lb., Sec. 3.) § 742. Besides the lands and lots specially set apart and appropriated to divine worship, no church or denomination can have, to their own use, lands of a greater yearly value than six thousand dollars, and no Bin,gle congregation or society lands of a greater yearly value than five hundred dol- lars. Such lauds are not subject to taxation. {lb.) « § 743. The body appointing may remove such trustees, or any of them, and fill all vacancies caused by death or other- wise; and the said trustees, and their successors, may sue and be sued in all proper actions, for or on account of the donations and property so held or claimed by them, and for and on account of any matter relating thereto. And such trustees are made accountable to the said churches, denomi- nations, societies and congregations for the use and manage- ment of such property, and they must surrender it to any person authorized to demand it. {lb.. Sec. 4.) § 744. A conveyance to certain persons, as trustees for 314 THE LAW or EELIGIOUS SOCIETIES. the Methodist Episcopal church, will authorize, such persons to bring an action of trespass qvare clausum f regit against wrong-doers in relation to the property conveyed, though they may have not been appointed trustees according to the act of assembly relating to the appointment of trustees by religious congregations. The title would be vested in such persons individually, and they could recover at law, though in the writ and declaration they should describe themselves as trustees. The latter word would be Rejected as surplus- age. {Walker v. Fawcett, 7 IredelVs Law B. 44.) § 745. Eeligious societies, or their trustees, in NortJ^ Car- olina, have not a general capacity of acquisition of property. They can only take for the use of the society. The society is invested with corporate or artificial qualities, but a use or trust not to itself as a religious society, would not be sanc- tioned or aided by the law. {The Trustees of" the Quaker Society of Oontentrea v. Dickinson, 1 Dev. 189.) ^ 746. A devise that land should be sold, ancl the proceeds Ipd out in building convenient places of worship, free for the use of all Christians who acknowledge the divinity of Christ and the necessity of a spiritual regeneration, would \)e void for uncertainty; but a devise to a religious congre- gation would be valid if the court can see, with certainty, what congregation is intended. ( White, Ux'r, v. University, 4 Ire. JSq. 19.) RELIGIOUS COBPOEATIONS IN GEORGIA. 315 CHAPTEE LH. RELIGIOUS SOCIETIES IN GEORGIA — ^HOW INCORPORATED THEIE POWERS ^NAMES, HOW CHANGED — CONVEYANCES TO — TRUS- TEES VACANCIES HOW FILLED ^FOEM OF PETITION AND ORDER. § 747. When the persons interested may desire a church or camp-ground in the State of Georgia, incorporated, they may petition in writing the Superior or Inferior Court of the county where such association may have been formed, setting forth the object of their association and the privilege they desire to exercise, together with the name and style by which they desire to be incorporated; and said court are thereupon required to pass a rule or order directing such petition to be entered of record on the minutes of said court, whereupon such church or camp-ground becomes a body corporate. {Cobb's Digest of the Laws of Georgia, 542, Sec. 1.) ^ 748. When such church or camp-ground becomes incor- porated as aforesaid, it has power under and by the name designated in the said petition, to have and use a common seal, to contract and be contracted with, to sue and be sued, to answer and be answefed unto in any court of law or equity, to appoint such officers as it may deem necessary, and to make such rules and regulations as such corporation may think proper for its own government, not contrary to the laws«of the State, but it can make no contracts or pur- chase, or hold any property of any kind, except such as may be absolutely necessary to carry into effect the objects of the incorporation. (76., Sec. 2.) 316 THE LAW OF EELIGIOUS SOCTETIES. § 749. No such church or camp-ground can be incorpo- rated in the manner aforesaid for a longer period than four- teen years, though the same may be renewed whenever necessary in the same manner as is provided for the original incorporation. The clerk of the court is entitled to a fee of five dollars for entering the petition and order on the minutes of the court, and furnishing a certified copy thereof; such certified copy is made evidence of the matters therein stated in any court of law or equity in the State. {lb:, Bees. 3 and 5.) ^ 749? All deeds of conveyance made by any person or persons for any lots of land within the State, to any church or religious society, or to trustees, for the use of any church or religious society, for the purpose of erecting churches or meeting-houses, are deemed and taken to be good and valid, and available in law, for the interests, uses and purposes contained in such deeds of conveyance; and all lots of land so conveyed are fully and absolutely vested in such church or religious society, or in their respective trustees, for the uses and purposes in the said deed expressed: to be holden to them or their trustees for their use, by succession, accord- ing to the mode of church government or rules of disci- pline exercised by such churches or religious societies re- spectively, {lb., 899, Sec. 1.) ^ 750. All trustees to whom conveyances are made for the purposes in the last preceding section expressed, are made subject to the authority of the church or religious society for which they hold the same in trust, and may be expelled from the said trust by such church or society, according to the form of government or rules of discipline by which they maybe governed. And every such church or religious society are authorized and empowered to fill up all vacan- cies which may happen in the said trusts, by death, removal EELIGIOU8 CORPORATIONS IN GEORGIA. 317 expulsion or otherwise; and when any vacancy is filled up, the same must be certified under the hand or hands of the person or persons presiding in the said society, and accord- ing to the form of government or discipline practiced by the said church or society; which certificate must express the name of the person appointed to fill the vacancy, and the name of the person in whose place he may be appointed, and on the certificate being recorded in the ofiice of the clerk of the Superior Court of the county in which the land lies, the person so appointed to fill such vacancy becomes as fully vested with such trust, as if a party to and named in the original deed. (75., Sec. 2.) § 750? The lots or parcels of land on which the churches of the different denominations in the State and the burying grounds attached thereto are situated, are not subject to taxation for any purpose, though the lots or parcels of land claimed by such churches must not exceed five acres. {lb., 1070, Sec. 94.) § 751. The form of the petition to become incorporated as a religious society may be as follows: To the MowrcAh the Sup&nor Court of the county of Bich- mond,' The petition of the undersigned respectfully shows that they are interested in a Christian church association and desire the same to be incorporated. That the said associa- tion was formed and is located in the city of Augusta, county of Eichmond. That the, object of such association is to sus- tain divine worship, and support the gospel ministry accord- ing to the rites of the Presbyterian church in the United States. That they desire to exercise the privileges of a Christian church and religious society, as the same are guar- anteed by the statutes of the State of Georgia; and the name and style by which they desire to become incorporated is, " The First Presbyterian Church of Augusta." Your petitioners therefore pray that said association may ■-■^ 318 TUB LAW OF EELIGIOUS SOCIETIES. be incorporated for the object, with the privileges and the name and style above set forth. And your petitioners will ever pray, &c. (Signatures!) § 752. The following will answer for the form of the order to be entered on the petition: At a term of the Superior Court pf the county of Bichmond, held at the city of Augusta on the day of 18 . Present — ^Hon. William W. Holt, Judge. In the matter of the petition of "] THE First Presbtteriajst Church of \ Augusta to become incorporated. J On reading the petition in this case, on motion of Mr. A. B., of counsel for the petitioners, it is ordered and adjudged that thf prayer of the said petitioners be granted,, and that said petition be entered of record in the minutes of the court. CHAPTEE Lin. RELIGIOUS societies EST FLORIDA — ^HOW INCORPORATED THE TRUSTEES AND THEIR POWERS THE PROPERTT OF RELIGIOUS SOCIETIES. § 753. The members of any society or congregation formed in the State of Florida for purposes of religious worship, may receive by gift, devise or purchase a quantity of land not exceeding ten acres, and erect or build thereon such houses and buildings as they may deem necessary for such purposes, and make such other use of the land, and make such other improvements thereon as may be deemed neces- sary for the comfort and convenience of such society or con- gregation; and such society or congregation may assume a EBLiaiOUS COEPOBATION8 IN FLOEIDA. 319 name, and elect, or appoint any number of trustees, not exceeding ten, who will be styled trustees of such society or congregation, or wardens or vestrymen of such society or congregation by the name assumed, and the title to the land purchased and improvements made is vested in the trustees, by the name and style assumed as aforesaid. {Thompson's Digest, Laws of Florida, Title VIII, Chap. 11, 8ec. 3, Sub. 1.) § 754. Immediately after the election or appointment of trustees by any such society or congregation, the persons elected or appointed must make a certificate, under their hands and seals, stating the date of their election or appoint- ment, the name of the society or congregation, and the length of time for which they were elected or appointed, which must be verified by the affidavit of some one of the persons making the same, and must be recorded in the office of the public records of the county in which such society or congregation may be formed; and the trustees, by whatever title they may be designated, must hold their office for and during the period stated in such certificate. At the expira- tion of their term of service, and forever thereafter at the expiration of the term of service of any trustee elected or appointed as aforesaid, the said society or congregation must elect or appoint successors, who in like manner will continue in office for such period as may be limited by the society or congregation; and a certificate of their election or appointment must -be made by the trustees whose term of service shall have expired, which must also be verified by affidavit, and recorded as provided in the election or appoint- ment of trustees in the first instance. (lb., Sub. 2.) § 755. The trustees elected or appointed as aforesaid, and their successors, will have perpetual succession and exist- ence, and be, to all intents and purposes, a body corporate. 320 THE LAW OF RELIGIOUS SOCIETIES. The title to land authorized to be purchalsed as aforesaid, and to the buildings and improvements thereon, becomes vested in the said trustees by their assumed name, and their successors, forever; and the same must be held for the uses and purposes in this chapter named, and no other; and such trustees are made capable in law to sue and be sued, implead and be impleaded, answer and be answered unto, defend and be defended in all courts of law or equity Tjrhatsoever, in and by the name and style assumed as aforesaid; and they have power, under the direction of the society or congregation, to execute deeds and conveyances of and concerning the estate and property authorized to be held by such society or congregation, and such deeds or conveyances will have the same effect as like deeds or conveyances made by natural persons. No deed or conveyance, however, can be made of any estate held as aforesaid, so as to defeat or destroy the interest or effect of any grant, donation or bequest which may be made to any such society or congregation. All grants, donations and bequests to such society or con- gregation, must be appropriated and used as directed by the person or persons making the same. (lb., Sub. 3.) § 756. Every society or congregation formed as in this chapter provided, has power to provide for filling vacancies which may happen in the office of trustee, warden, vestry- man or other office of like nature; and also to remove such persons from office, and to adopt such rules and regula- tions in relation to the duties of trustees, and the manage- ment of its estate as to the members may seem proper, not inconsistent with the Constitution and laws' of the State or of the United States. (lb., 8uh. 4.) § 757. Upon the dissolution of any society or congrega- tion, formed under the provisions of this chapter, the estate and property of such society or congregation will revert RELIGIOUS OOEPORATIONS IN ALABAMA. 321 back to the persons, their heirs and assigns, who may have given or contributed to the purchase of or payment for the same, according to their respective rights. A failure to elect or appoint trustees or other officers, at any time when by the provisions in this chapter specified such election or appointment should be made, will not work a dissolution of the society or congregation; but the trustees, wardens or vestrymen last elected or appointed will be considered as in office until another election or appointment shall take place. (lb., Sub. 5.) CHAPTEE LIV. RELIGIOUS SOCIETIES IN ALABAMA HOW INCOEPOBATED POWERS OF SUCH COEPOEATIONS^ — SUITS AGAINST, HOW COM- MENCED. § 758. In the State of Alabama the provisions of the stat- ute in relation to religious societies are exceedingly simple . and brief. The members of any church or religious society, wishing to become incorporated, must elect trustees not less than three or more than nine. Such trustees must, within thirty days after their election, file in the office of the judge of probate of the county a certificate, stating the corporate name selected, the names of the trustees, the length of time for which they were elected; which certificate must be sub- scribed by them and recorded in the office of such judge of probate; whereupon the members of such church or society, their associates and successors, become incorporated by the name specified in such certificate. {Code of Alabama, 1852, Title XIV, Ch. 11, Sees. 1257, 1258 and 1259.) § 759. All certificates filed under the provisions in the last [Tt.] 21 322 THE LAW OP EELIGIOUS SOCIETIES. preceding section specified, must be recorded in the office of the judge of probate, and a copy thereof, duly certified by such judge, stating the time when the same was filed, is made CAddence of the existence of such corporation from that time. The judge of probate is entitled to a fee of two dol- lars for filing and recording each certificate. {lb., Sees. 1261 and 1264.) § 760. Corporations created as aforesaid may hold real and personal property, not exceeding in value fifty thousand dollars. They may also receive property by gift, will or devise, holding the same in conformity with all lawful con ditions imposed by the donor, and may exercise such other powers as are incident to private corporations. {lb., Sec. 1262.) § 761. In all suits or legal proceedings the service of a summons or notice on any trustee of a religious corporation created as aforesaid, is made valid for the purpose of bring- ing such religious corporation into court, or for the objects of such notice. {lb., Sec. 1263.) ^ 762; All of the proceedings under the statute in this chapter referred to, are so very simple that no forms are thought necessary to be given. It will be sufficient to con- sult the law as it is laid down, and the forms will be readily suggested. EELIGIOUS CORPORATIONS IN KENTUCKY. 323 CHAPTER LV. RELIGIOUS SOCIETIES IN KENTUCKY HOW INCORPORATED PROPERTY HELD BY — POWERS OF THE CORPORATION CHURCH PROPERTY EXEMPT FROM TAXATION. § 763. Any three or more persons in the State of Ken- tucky may voluntarily associate themselves together for the purpose of erecting and maintaining churches and places for public religious meetings. Every such association must be formed by written articles, specifying the, name of the cor- poration, the objects of the same, and the condition of mem- bership, and must be signed by each member thereof, and will be obligatoKy on them, their associates, successors and assigns. (2 R. 8. 553 and 554, 8ecs. 1 and 2.) § 764. The members of the society must file their articles of association with the clerk of the county in which their operations are to be carried on, who inust record the same, whereupon the society will be a body politic and corporate, by the name stated in the articles of association; will have succession; may have and use a common seal, and be capable of suing and being sued, and of purchasing, taking and holding such property, and of doing such acts, not incon- sistent with law, as may be necessary and proper for carry- ing out the objects authorized. The stock and corporate property of the corporation may be divided into shares, as the members may determine, and the manner of holding and disposing of the same must be regulated by their articles of association. {lb., Sees. 3 and 4.) § 765. The clerk or secretary of the society is required to keep a fair record of the proceedings of such society, in 324 THE I CHAPTEK LXXXIV. BUEIAL-GKOUNDS IN DELAWAEE, WEST VIRGINIA, SOUTH CAROLINA AND FLORIDA THE COM5ION LAW UPON THE SUBJECT IN FORCE m THESE STATES— CONCLUSION. § 1158. In the State of Delaware they have no statutes regulating burial-grounds, or providing for their protection and preservation, except that power is given to religious societies to hold and improve lands for the purposes of the interment and sepulture of the dead. {Ante, Sec. 704.) In 508 THE LAW OF BtTEIAL GEOtnSTDS. the States of West Virginia, South Carolina and Florida, no general statutes are found relating to cetneteries or burial- places in any particular. There seems to have been a few instances of local legislation upon the subject, ^ut nothing of a general nature is found. § 1159. In these States, therefore, the subject rests prin- cipally upon the ample provisions of the common law, which affords very tolerable facilities for establishing, preserving and protecting burial-grounds, and for punishing offenders who may be guilty of desecrating these sacred places. And here it is interesting to reflect how very extensively the com- mon law, in a general point of view, regulates pur conduct and determines our rights. Our civil duties and liabilities depend much more upon this code than upon positive enact- ment. That lex non scripta, which reSts in the decisions of the courts and general customs of the people, is the code which must fill up every wide space which the statute law cannot occupy. It is the application of the dictates of nat- ural justice and of cultivated reason to particular cases. In fact, "we live in the midst of the common law; we inhale it at every breath, imbibe it at every pore; we meet it when we wake and when we lie down to sleep; when we travel and when we stay at home; it is interwoven with the very idiom that we speak; and we cannot learn another system of laws without learning, at the same time, another language." In the words of the eminent Stoet, "its highest praise is, that its principles receive an almost universal homagej not as the positive dictates of authority, but as the persuasiva and irresistible influence of reason. Valent pro ratione, non pro mtroducto jure." "With this admirable code in full force in these States, it is quite .obvious that, in the absence of positive statutes,' they are not destitute of legal provisions for christian sepulture. COMMON LAW DOCTEINE. 509 § 1160. We have heretofore seen that the general law of pious and charitable uses is in force in the United States to the extent that gifts and devises for the benefit of unincor- porated religious societies are sustained in all cases, when . the same are made to trustees capable of tating the legal estate, and the objects of the trust are defintte and reason- ably certain. {Ante, Sees. 818, 819 and 823.) Upon the same principle gifts, donations and bequests for the support of burial-grounds will be upheld and sustained. (Doe v. , pitcher, 6 Taunt. H. 363.) Land dedicated as a place of burial is regarded as a dedication to public and pious uses, and the dedication may be established by the same evidence as in other cases of the kind. {Beatty v. Kurtz, 2 Peters R. 566.) The doctrine which is applicable to trusts for the support of religious worship and the Christian ministry, ap^ plies with equal force to trusts for the support of a deposi- tory of the dead. {Beatty v. Kurtz, supra.) 4 1161. We have a,lso seen that desecrating the grave, digging up dead bodies or selling them, is a misdemeanor at common law, and indictable tod punishable as such. (/S'ec. 1027, note.) So it has been held that stealing dead bodies, though fbr the improvement of the science of ana- tomy, is an indictable oflfense at common law, it being con- sidered a practice contrary to common decency, and shocking to the general sentiments and feelings of mankind. {The King V. Lynn, 2 Tei-m. B. 733; lb. 1 Lemh's Crown Omes, 497.) So, also, it is an offense at common law to disinter dead bodies, even for the purpose of dissection. {Common- wealth V Cooley, 10 Pick. B. 37.) These well established provisions of the common law will enable every civilized community to provide and maintain suitable depositories for the4ead, independent of any statutory enactment. § 1162. But however much the common law may afford 510 THE LAW OF BTJEIAIi GROUNDS. facilities for establishing and protecting the depositories of the dead, these sacred places are seldom cultivated and adorned, and made pleasant and attractive, without legisla- tive interposition and aid. The propriety and importance of the statutory provisions existing in most of the States are, therefore, obvious to the reflecting mind. Legislation upon the subject is becoming more and more common. Among the first acts of legislation in the recently admitted Stateis, are found those providing for the organization of cemetery associations, and for the protection of the graves of their dead. In every part of the country we find beau- tiful rural cemeteries, of greater or less extent, abounding with walks and shrubbery, laid out in good taste and excel- lent design, containing costly and elegant tombs, and are advancing in beauty and refinement. All this goes to show the religious care which the people of this country take of the ashes of their dead. § 1163, And here this unpretending volume, according to its original design, may appropriately be brought to a close. It is supposed that t|jie subjects of the work are nearly, if not entirely, exhaused. The law of religious so- cieties, church government and creeds, the law for pre- serving order and decorum in religious assemblies, and the laws for establishing and protecting the sacred depositories of the dead in tl^e United States, all cognate in their nature, constitute what may be called the ecclesiastical law of this country; and the design has been to give the whole system, with all practicable accuracy and fullness. In reviewing the entire subject, it cannot escape the attention of the careful observer, how very intimately associated with the civilization and. genius of the country, is the Christian religion and the gospel ministry. And it is a matter of pleasing reflection to all lovers of high social refinement and virtue, to contem- plate the hold which the subjects of religion and Christian CONCLtrSION. 511 institutions have upon the hearts and the consciences of the people, and how generally it enters into the calculations and arrangements of the community at large. The subject is becoming more and more identical with the spirit and the policy of the age, and is more and more engaging the attention of the people in all parts of the land. The great truth is becoming more and more heeded, that in no case can the end of public happiness be so essentially promoted, as by cultivating the principles of moral duty and religious faith. I N^I>EX A. AI.AFAMA, Section religious toleration in — constitutional provision in regard to 68, 69 Religious Societies in, s&ciety, how incorporated 758 certificate of incorporation to be recorded 759 powers of the corporation 760 suits against corporation, how commenced 761 no forms for proceedings need he given 762 Religious Meetings in, law against disturbing — and penalty 951 Burial Places in, removing human remains, etc., when unlawful 1143 opening place of interment of human bodies, when unlawful 1144 defacing, etc., grave-stones, etc., unlawful 1145 penalties for offenses 1143-1145 AUEBIOA, continent of, discovered under the religious impulse 4 continent of, dedicated to the uses of religion 4, 11 ASEANSAS, religious toleration in— constitutional provision in regard to 75 Religious Societies in, no religious corporations in the State 799 property for use of society, held by trustees 800 powers of the trustees 801 church property, maliciously injuring, a misdemeanor 802 . Religious Meetings in, law against disturbing of, and punishment 961 intoxicating drinks, sale of near meeting prohibited 962 Burial Places in, lands for, maybe held by trustees, etc 1156 desecrating grave, etc., a misdemeanor 1156 [Tt.] 33 514 INDEX. Atheists, Section- they admit the importance of religion 3 ■* they have no religion 23 B. BVEIAL PlAOES, sepulture of the dead, a religious rite 969 cemeteries have long existed — customs of the ancients 970 right to bury recognized by courts 971 objects of the cemetery 972 disturbing a corpse a misdemeanor at common law 973, 1161 title to burial places may descend to heirs, when 974 right of in a church-yard, an easement only 975 monuments in, right to 976 lands for grave-yard, title to by dedication ;' 977, 1160 evidence of dedication of 977 principles applicable in all the states, what 978 doctrine of trusts applicable to 1160 legislation necessary to regulate 1162 (See " New York," " Maine," etc.) c. Calieoenia, religious toleration in — constitutional provision 59 Religious Societies in, society, how incorporated 810, 811 trustees of, how appointed and their duties 810, 812 real estate of society, how sold or mortgaged 813 lands of society will descend, etc 814 bishop, etc. , sole corporation, when 816 sole corporation, evidence of, and powers 816 Religious Meetings in, disturbing meeting an offense, and its punishment 964 Burial Places in, cemetery associations, how incorporated, etc 1126 defacing tomb-stone, etc., how punished, etc 1127 molesting public grave-yard, desecrating human remains, etc 1128 injuring fence, etc., in burying-ground, how punished 1129 public grave yard, what is 1129 Cemeteries. (See Burial Places.) Church, different from religious society 101 judicial tribunals do not interfere with 101 INDEX. 515 Chdech (continued), Section questions relating to, belong to church judicatories 101 tenets of, not involved in law of religious societies 827 what it is . . .'. 828, 829 doctrines of, Arminian and Calvinistic 830, 831 Government and Creeds, of Protestant Episcopal 832, 833 of Presbyterian 834, 836 of Congregational ^ 836 of Reformed Protestant Datch . . . , 837 of Methodist Episcopal 838 of the Evangelical Association, or German Methodist 839 of Methodist Protestant 840 of Baptist ^ 841, 842 of Evangelical Lutheran 843 of Roman Catholic 844 of Unitarian 845 of Universalist 846 of the Quakers 847 of the Shakers, Swedenborgians, etc 848 ChuKCH GrOVEENMENT AND CuEEDS. (See ChURCH.) Coke, Loed, opinion of. as to the origin of English Ecclesiastical Law 91 Colonies, of New Haven, established with reference to what 8 of Maryland, settled in the interest of what 9 of Virginia, first care of. , 10 religious toleration in , 79, 86 religious worship, support of, in. 294, 308 Colonists, dedicated theirlands to religion, when 7 governed by the laws of the mother country 95 Columbus, his discovery of America, how enabled to prosecute it 4 in discovering America, his first act 5 his select letters referred to 5 Congress, has no power to establish religion 13 CONNEOTfeUT, religious toleration in— constitutional provision 27 reUgious toleration in, before the Revolution "iO 516 INDEX. OowNEOiiouT (continued), Section Religious Societies in, may hold property 462 Christians and Jews may form them 463 members of, how constituted 464 meetings of society, how called .\ . . . 465, 468 annual meetings of, must be held on the day fixed 466 powers of society at meetings 467, 469-471 , 475, 476 taxes by, how levied and collected 471, 472 members withdrawing liable for society's debts, when 473 voters of, qualification of, etc 474 pews and slips may be rented, when 475, 476 pews, how sold and leased r 481 pew owners, liability of 477 pews, how acquired by society 478 cotpmittee of society , their powers, etc 479 when society is constituted in adjoining towns, power of parts of.. . 480 Episcopal and Methodist Societies, acts of when valid 482, 483 Methodist Episcopal church, trustees of, how elected, etc 484, 487 Shakers, rights of 488, 489 tithingmen, their election and duties 490 forms, none necessary, etc.' 491 Religious Meetings in, penalties for disturbing 891, 892 forms for proceedings 898 Burial Places in, burial associations, how formed and their powers 1061 exempt from taxation and execution, when 1063, 1063 towns m^y hold and provide hearse 1063 grounds, how enlarged 1064 defacing grave-stones, etc.,'how punished 1065 offenders, how tried ' 1066 COHSGIENOD, free in the United States 12 i^ COUETS, ecclesiastical, in England gg 94 ecclesiastical, none in the United States 99 D. Delaware, religious worship in — constitutional provision as to 35 36 can be no religious test in gy INDEX. 517 Delaware (continuied), Section Religious Societies in, how incorporated 704 705 trustees of, how elected and their powers V04-708 may hold burying-grounds 705 vacancies in trustees of, how filled 706 chairman of trustees and his duties 707, 708 Protestant Episcopal churches in, how incorporated 709 gifts, graints, etc., to, how executed 710 yearly rents and profits of, limited 711 Religious Meetings in, disturbing meeting a misdemeanor 936 sale of intoxicating drinks near, prohibited 937 Burial Places in, religious societies may hold 705, 1158 the common law applicable to, etc 1159-1161 DisiuEBiNO Beliqious Meetihos. (See " NewToeb;," " Maime, etc.) E. Ecclesiastical Corpoeation, what it is 104 in England, from what derived 107 in England, how formed , 109 in the United States, how formed 110 ElfGLAIfl), Adffliralg of, in their ealrly discoveries in America, recognized re- ligion 6 first settlers in America from, had reference to religion 9, 10 ecclesiastical law of, the basis of colonial Jaw 87 ecclesiastical law of, what it is and its origin 88, 90-93 ecclesiastical courts of, and their jurisdiction, 89 ecclesiastical corporations in, and their origin 107 ecclesiastical corporations in, how formed 109 P. ^LOUISA, religious toleration in — constitutional provision 67 Religious Societies in, may receive gifts, etc '°° may elect trustees with corporate powers 754 trustees of, how elected and their powers 754, 755 vacancies in trustees of, how filled ' o° when property ol/ will revert to original owner 757 518 INDEX. FiOEiBA (continued), Section penalties for disturbing of, and proceedings against offenders 948 Burial Places in, no statutes in regard to — tlie common law governs 1158, 1159 doctrine of common law with respect to 1159-1161 Feance, explorers in America from 11 Free Chukohes, how incorporated, etc., in New York 142-157 (See " New Tokk.") Friends, in New York, lands relating to 167-171 in Maine, grants for use of 837 in New Hampshire, rights of 362 in Massachusetts, rights of .■ 458 G. Gbokoia religious toleration in — constitutional provision 66 Religious Societies in, how incorporated, and forms of proceeding ....'. 747, 751, 752 powers of corporation 748 term of corporation limited, but may be renewed 749 deeds to corporation, when valid 750 trustees of, subject to the church 751 trustees of, vacancies in, how filled 749 lands of, exempt from taxation 750 Eeligious Meetings in, penalties for disturbing of, and proceedings against offenders 949, 950 sale of intoxicating drinks near, unlawfill 950 Burial Places in, vendor of lands may reserve grounds for 1142 willfully injuring, an indictable offense 1142 reserved, when lands sold by sheriff, etc 1142 H. Hakltitt, his authority quoted 6 settlements in America promoted by 10 Hale, Ch. J., opinion of, as to the origin of the English Ecclesiastical Law ....... 90 INDEX. 519 I. I^iKOif) Section religious toleration in— constitutional provision 49 Religious Societies in, incorporation of, and their powers 612-615 trustees of, and certificate of their election 612-615, 619 trustees of, vacancies in, how filled 615 pvo-peviy of, when will revert to original owner , 616 trustees of, failure' to elect 616 division of society 616 camp-meeting grounds in, and title to . . „ 617 conveyances and mortgages of, how executed, etc 618 officers of, tlieir name, etc 619 gifts and grants for house of worship of, how held, etc 620, 622 gifts, etc., to certain Bishops of, valid when 623, 624 property of, exempt from taxation 625 certificate of incorporation, form of 626 ■ Religious Meetings in, punishment for disturbing 921 offenders, how proceeded against, etc 922 forms of, proceedings 923 Burial Places in, cemetery associations, how formed and their powers 1108, 1110 officers of corporation, how elected and their duties 1109 lots in, proceeds of sales of, how disposed of 1111 exempt from taxation, when 1111, 1112 defacing tombs in, how punished 1113 Indiana, religious toleration in — constitutional provision 47, 48 Religious Societies in, may appoint trustees who have corporate powers 562, 570 trustees of, how elected, etc 563 trustees of, certificate of election of, and what it is evidence of 564 trustees of, their powers, etc 565-567 corporate name of, how changed 566, 573 when dissolved, may be revived 568 officers of, have powers, etc., of trustees 569 wardens, etc., of parish deemed body corporate 571 officers of, how elected, and vacancies, how filled 572 parish , name of, how changed 573 vestry of, number how changed 573 vestry of, their powers, etc 574, 576 may hold burial-grounds r 574 520 INDEX. Indiana (continued). Section JReligious Societies in, ofSoers of, certificate of election of, what it is evidence of. 570 two or more, how united 577 trustees of new church, their powers 578-580 Religious Meetings in, penalties for disturbing:, etc _. 912-914 Burial Places in, associations for management of, how formed, etc 1103, 1106 hnrials in, and burial rights 1104 associations, its powers and property 1105, 1106 injuring tomb-stones, removing dead bodies, etc., penalties for 1106 lOWA, religious toleration in — constitutional provision 54, 55 Religious Societies in, corporations of, how formed, etc 676-680 certificate of incorporation, and form of it 677-679 associates in, when a body corporate 680 corporation, its. powers 680-685 trustees of, their election and duties 682, 683 corporate name, how selected 684 devises to, limited 685, 686 trust property of, how held, etc 686-689 existing organizations, how re-incorporated 690 Religious Meetings in,— disturbance of defined, and how punished 932 Burial Places in, cemetery associations, how incorporated, etc 1118, 1119 human remains, desecrating of, how punished 1120 injuring tomb, etc., how punished 1121 J. Jews, may form religious society, when 463 rights of, in New Jersey 611, 512 K. Eansas, religious toleration in — constitutional provision 68 , Religious Societies in, incorporation of by Legislature, prohibitea 691 how may be incorporated, etc 692, 698, 699 trustees of, how elected, and their powers '692, 694, 696, 700 INDEX. 521 Kansas (continued), Section Religious Societies in, corporation, its powers, etc 695-697 name of, how changed : 698 trustees of, perpetual 702 clerk of trustees to be a trustee 703 Religious Meetings in, punishment for disturbing : 933 camp-meeting, sale of intoxicating drinks near, prohibited 934 no forms given, etc 935 Burial Places in, cemetery associations, how incorporated, etc 1122 Kbntuokt, religious toleration in, constitutional proyision 71 Religious Societies in, how incorporated and powers of corporation 763, 764, 766 articles of, where filed, etc 764, 765 clerk of, to keep record of proceedings 765 may have action against trespassers, etc 767 property of, exempt from taxation 768 Religious Meetings in, penalty for disturbing 955 proceedings against offenders 955-957 jury trial may be had 957 Burial Places in, trustees of town may hold, etc 1150 cemetery associations, how incorporated, etc 1151 exempt from taxation ••• •, 1^51 L. La Salle, as an explorer, the impress he left 11 Legislation, ineffectual, without religious influence •• 8 Louisiana, settled in the interests of religion religious toleration in • Religious Societies in, how incorporated and charter of, how amended 788-791, 79b 7Q9 *7Q^ powers of corporation ' property of, limited liability of, for trespasses, etc ' ' 522 INDEX. Louisiana (continued), Section Religious Societies in, charter of, when forfeited, duty of District Attorney 797 trustee of, when his oiHce vacated. .". . , 798 trustees of, can only act by resolution 798 Burial Places in, exempt from taxes, etc 1154 religious societies may hold, etc 1155 M. Maine, • •» religious toleration in — constitutional provision 15, 16 Religious Societies in, meeting to incorporate, how called, etc 312 powers of meeting, and powers of society 313, 317 meetings of parish, how called 314, 816 officers of, how chosen, and their powers 314 taxes by, how assessed and collected 317, 318 voters at meetings, qualification of 318 town constituting one parish, power of 319 pews of, taxes on, how collected, etc 320 house of worship of, may be insured, etc 321 membership of, how constituted and how dissolved 322, 324, 826 moderator of meetings of, must not refuse legal votes 323 parish, judgment against, how satisfied 325 part of town, first parish, when 327 Protestant Epispopal churches, wardens, etc. , of, quasi corporations, 328 Shakers, deacons of, may hold land, etc 328 towns, grants of land to, how used, etc 329 ministerial lands, how held, etc 330, 381, 347 parish, rights of, t6 parish property 332 property held in trust for, etc 333 ministers of, lauds granted to, how hfld 334 parish records to be open, etc 335 treasurer of, may be appointed collector 336 Quakers, grants for use of 337 meeting-houses in, corporations for building 338-842 pews, sale of and alterations in house, etc., how made, etc 339 if owner of pew, etc., dissent, how to proceed, etc 340 if house belong to different denominations, how to proceed 343-344 pews, when and how parish may become owner of 345 owner of, may dissent, and how 346 ministerial lands, proceedings by trustees of 348, 349 religious worship, expenses of, how distributed 350 no forms for proceedings necessary 351 INDEX. 523 Maine (continued), , Section Religious Meetings in, disturbing of, how punished 873 police oflScers and their duty 874 offenders, to be arrested by what oflScers 875 forms for proceedings „ 876 Burial Places in, towns may purchase lands for 1028 associations for, how incorporated and their powers 1029-1030 burying-yards, ancient or public, how kept in repair. 1031 when exempt from legal process, etc 1032, 1033 purchasers of lotsin, their rights 1033 dead body cannot be taken on execution 1034 tomb, etc., penalty for injuring or destroying 1036 Makriaoe, laws of England in regard to 96-98 laws of the United States in regard to 96-98 Maetiand, j first settled in the interest of religion 9 religious toleration in, constitutional provision 38, 39 religious toleration in, before the Revolution 83 Religious Societies in, trustees of, may be incorporated — ^mode of proceeding 712 corporation, power of 713 estate of, yearly value of, limited ....'. 713 succession of, how kept up '. 714 ' trustees and ministers of, must be members of 715 churches, contests in, how settled 716 elections, mode of, how determined 717, 718 elections, agreements in regard to, when filed 719 meetings of, and quorum 720 dissenting members of, how incorporated 721 trust property to be conveyed to '22 Protestant Episcopal church in, how incorporated 723 what constitutes the corporation 724 Religious Meetings in, disturbance of, what is, etc 938 forfeitures, and proceedings against offenders 939 disturbance of, by blowing horns, etc 940 fines for, how. collected, etc 940 Burial Places in, cemetery companies, how incorporated - 1132 powers of corporation. 1133-1136 524 INDEX. Maetland (continued), Section Burial Places in, managers of, how elected and their powers 1134 lots in, exempt from execution, when 1136 ownership of lots, certificate of and its eflfect 1136 grave-stones, etc., defacing of, penalties for .... - 1137 managers of, when liable for debts of 1138 who may be incorporated, and form of certificate, etc 1139 Massachusetts, colony of, dedicated to religion 7 religious toleration in, constitutional provision 22 witnesses in, formerly religious belief requisite 23 qualification of witnesses in, now settled by statute 24 religious toleration in, before the Revolution '. 80 people in, devoted to religion ; 402 Religious Societies in, the parish system of early times 403, 404 term " religious society," now includes parish 405 societies prior to act of 1860, bodies corporate 406 religious societies in, how incorporated 407, 428 voters and members of, qualifications of. 408, 443 powers of corporation, its meetings and ofScers, 409-412, 429-432, 436, 437 Protestant Episcopal church; officers of 413 taxes of, how assessed and coUeoted 414r-416 unincorporated society, power of 417 trust funds of, how managed 418-419 meeting-house associates, how incorporated 420, 421 proprietors of, their meetings and powers 422-425 Methodist Episcopal andAfricaii Methodist churches, trustees of, 426, 427 voluntary religious society, rights of, etc 433, 437 old pariah, laws applicable to 435 tenants in common, may be incorporated, when 438 officers of, omission to elect, does not dissolve parish 439 trust property, parish may hold 440 ofScer of, not liable to parish for certain neglect 441 action against, and church records 442 membership of, criterion of 443 pews and pew-holders in 444, 445, 456 minister of, his settlement and dismissal 446-452 deacons and other church officers, when body corporate 453 lands of, how conveyed, etc , 454 grant or donation to, income of limited 465 officers of, cannot make executory contract 457 Friends or Quakers ..../.. 458 INDEX. 525 Massachusetts (continued), Section Religious Societies in, cities and towns, trustees holding funds of, etc., to account, etc. . . . 459 annual exhibit, how enforced 460 forms, none necessary 461 Religious Meetings in, disturbance of, how punished 889 sheriffs, etc., their duty in regard to 890 Burial Places in, to whom they belong, etc 10i6 cemetery associations, how incorporated , 1047, 1048 powers of 1049, 1052 meetings of, moderator of, his powers 1050 assessments of, how collected , 1051 lots in, how held IO53 towns, must provide for interments 1054 boards of health, their power in regard to 1055, 1056 boards of health, appeals from their orders 1056, 1057 graves, etc. injuries to, how punished 1058 indictments, averment and proof to sustain 1059 MiOHiOAir, religious toleration in — constitutional provision 45 civil ofBcers in, must take constitutional oath 46 Religious Societies in, how formed and incorporated 581-585, 604, 605 trustees of, their election, etc 582-584, 591 trustees of, certificate of election of 585, 605 trustees of, their tenure of oflSce, etc 589 trustees of, when body corporate 610 powers of 586-588 may hold burial-places 586 election of officers, etc., who voters at, etc. < 590-592, 601 minister of, his salary, how fixed 593 lands of, how sold 594 lands of, title to, how held 595, 596 religious orders, etc., none recognized 596, 697 gifts, bequests and devises to, how made 598, 599 grants and conveyances to. how made 600 certain, confirmed 601 certificate of incorporation, form of 602 sale of land of, petition for, etc., form of ■ 603 Protestant Episcopal Churches in, how incorporated • articles of agreement of, what to contain 606 526 INDEX. MloHiOAN (continued), Section Protestant Episcopal Churches in, meetings of, how called, and qualification of voters at 606, 607 wardens of, how chosen,. and vestry.meetings '608 temporalities of, how, managed 609 forms for, none necessary 611 Religious Meetings in, . disturbing of, how punished 916, 916, 918 offenders, who to arrest, etc 917 offenders, "trial of and form of proceedings 919, 920 Burial Places in, , religious societies may hold 586 associations for, authorized 1089 right of burial in, and who are stockholders 1090 meetings of association, how called 1089 officers of, how elected, etc 1092, 1093, 1098 certificate of incorporation 1094 maps of grounds and where filed 1094 corporation, its powers 1089, 1095, 1096 burial-rights in, may be re-sold when, etc 1096 burial-rights in, record of, and form 1098, 1099 burial rights in, certificate of 1100 assessments of, how made and collected 1096, 1097 Potters Field in 1106 board of health may regulate interments and hold burial-yards 1101 tombs, etc., injuries to, how punished 1102 Minnesota, religious toleration in — constitutional provision 52, 53 Religious Societies in, how incorporated, ^etc 651-654, 665, 666 trustees of, their election and powers 651, 652, 653, 656-659 trustees of, certificate of their election and form of it 653-655 trustees of, their meetings, and how called 660 trustees of, their classification and term of office 661 trustees of, when deemed incorporated 668 may hold burial-places 657, 658 subordinate officers of, their duties 659 voters of, a register of to be kept 663 664 Protestant Episcopal Churches in, how incorporated • 665, 666 powers of : 667 trust property of, how held, etc 672 678 trust property of, how sold or incumbered 673 674 trust property of, form of proceedings for sale of. 675 INDEX. 527 Minnesota (continued), Section Religious Meetings in, disturbance of, how punished 925-928 intoxicating drinks, etc., sale of near, prohibited 926, 927 offenders may be recognized 929 offenders, proceedings against, etc 980, 931 Burial Places in^ cemetery associations, how incorporated, etc 1117 religious societies may hold 657, 668 Mississippi, religious toleration in — constitutional provision 73 Religious Societies in, how incorporated, and charter of, how amended 777, 778 charter of, where recorded, etc 779 powers of 780, 783 first meeting of, how called, etc 781 independent, their powers, and how sued 782 lands of, when forfeited to the State 783 gifts, etc., to, how made 784, 785 members of, marriage between 787 Religious Meetings in, , disturbance of, and punishment of offenders 952 Burial Places in, religious corporations may hold 1146 dead body, criminal to remove, when 1146 dead body, purchasing of, opening grave Of, etc., criminal when 1147 offenders, punishment of 1146, 1147 MlSSOUKI, religious toleration in — constitutional provision 56, 57 Religious Societies in^ incorporation of prohibited, though recognized 817 trusts, doctrine of; applicable to, etc .' 817-824 Religious Meetings m, disturbance of, and punishment for 958 offenders, how tried, etc 959 Burial Places in, opening graves, etc., removing remains, etc., criminal when. . 1152, 1153 N. Nevada, religious toleration in— constitutional provision 60 528 INDEX. Nbtj^da (continued), Section Religious Societies in, incorporation of, not provided for • 817 trusts, law and doctrine of, applicable to 817-824 Meligious Meetings in, no laws to protect 966 Burial Places in, cemetery associations, how incorporated, etc 1123 grounds for, how purchased and paid for. 1124 grotinds previously used for, lot owners in 1125 New Ehgland, parish system of, in early times , 810, 311 (See " Maine," etc., known as " New Eholand States.") New Hampshire, religious toleration in — constitutional provision 17, 18, 19 religion, teachers of, to be sustained 18 religious sects in, none to have preference , . . . 19 Religious Societies in, how incorporated, and their powers 352-355 no person compelled to join or support 355 unincorporated, their powers, etc 356 trustees, deacons, etc., of, bodies corporate, when 357 minister of, his powers, etc 358 lands of, how conveyed, etc 359 committees, etc. . church may choose 360 income of, limited 361 Friends or Quakers in, their rights 362 meeting-house in, when it may be sold, etc 364, 366 meeting-house in, how repaired, etc 365-368 meeting-house in, town may sell, when, etc 369 Rtligioiis Meetings in, disturbance of, penalties for 877, 879 offenders, power of selectmen in regard to 878 offenders may be recognized, etc 879, 880 offfenders, when to be apprehended, etc 883 intoxicating drinks, etc, sale of near place of, prohibited 881 exhibitions near place of, prohibited .... 882 forms for proceedings against offenders 884 Burial Places in, tombs, etc., mutilating, criminal, when and how punished 1036 New Jekset, - ;■ religious toleration in — constitutional provision 31 religious toleration in, before the Revolution 81, 85 xeligious sects in, none to have preference 32 INDEX. ^29 New J'beset (continued), a .. Religious Societies in, how incorporated, and their powers 492 493 510 trustees of, their powers, etc 493' 525' 526 trustees of, vacancies in, how filled, etc ' 495 oflScers of, how elected, etc '. 49g ^m two or more maybe consolidated 500 501 Reformed Dutch church in, incorporation of, etc 498 499 line of succession, how secured 502 meetings of, presiding oflScer at 5O3 papers of, members may have access to 504 German Reformed church in, rights of 505 Protestant Episcopal church in, how incorporated 505 506 rector, his powers, etc 507 508 rector, vacancy of, how filled, etc 509 old societies, their privilege 510 Evangelical Lutheran and Jews in, their rights, etc 511, 512 lands of, how sold, etc 513-617 lands of, when cannot he sold 519 lands of, trustees selling, must account, etc 518 lands of, securities taken on sale of, to be assigned, etc 520 forms for proceedings, none given and why 521 membership of, and voters, etc 522, 528 doctrines of, court do not inquire into 524 society, what constitutes it, etc 626, 526 officers of, place of election of 527 unincorporated, trust property of, etc 528 Religious Meetings in, intoxicating drinks, etc., sale near, prohibited 894 ofienders, proceedings against and punishment of 895, 898, 903 oflFenders, who may apprehend 899, 900 justices, their duties in regard to 901, 902 conviction, record of, etc., and appeal 901 costs of proceedings, how collected, etc , 902 warrant, etc., form of it, etc :..... 911 cases excepted 896 Burial Places in, cemetery associations, how incorporated and their powers 1068-1070 trustees of, how elected and who voters for 1070, 1071 not liable to execution, etc., when 1072 New Yoke, religious toleration in, constitutional provision 29 religions toleration in, before the Revolution 81 witnesses in-, formerly might be rejected, when 30 [Tt.] 34 536 . INDEX. .New York (continued), Sectibi: Religious Societies in, incorporated under general laws ; 112 Protestant Episcopal Churches, in, . how incorporated. ■■ 113, 114 first meeting for, how noticed,.and.election of officers. ' 115 certificate of incorporation, and form of it ' 116-120 certificate, how proved and what it is evidence of 121, 125 wardens and vestrymen,, how and when elected 122 voters of, qualification of 123 annual elections, when held. and how conducted, i 124, 130 elections, technical errors in, overlooked 125 wardens and vestry, certificate of election of 126 wardens and vestrymen, their powers, etc. . , 127 trustees of, meetings of, how held, etc 128 annual meeting, neglect to hold does not dissolve society 129 Reformed Protestant Dutch Churches in, trustees of, who are the 131 deacons and elders of, and the consistory of 132 how incorporated and form of certificate, etc 133-135 trustees of, under former laws, Jiow incorporated 136 Reformed Dutch church in, how incorporated 137 Reformed Presbyterian Church in, how incorporated 138, 140, 141 elders and deacons of, how elected. 139 Free Churches in, how incorporated, etc 142-146 certificate of incorporation must he recorded, etc 144, 146 'udge, consent of necessary 145 powers of .■ 147-149, 152 trustees of, their duties, etc 150, 154, 155 trustees of, liable for debts of, when 151 property of, what may be held 152, 153 bequests and devises to, how qualified 152, 158 visitation of, and-annual report of trustees 154 membership of. additions to, how made 156 seats and pews of, to be free 167 real estate of, how sold, etc 157 Roman Catholic Churches in, title to property of, how formerly held 158 practice, changed by legislation 15g how incorporated .■ 160, 161, 163 trustees of, their powers, etc 162 164 pastors of, salary of, how fixed 164 INIJEX. , 531 New ToEK ■(continued), Section Roman Catholic Churches in, dissolved, may be re-incorporated, how 165 certain conveyances to, confirmed Igg . The Friends in, their origin and " meetings " 167 trusts to, sustained when 168, 169 rights of, protected. 170 grants, etc., to, limited, etc 171 The. Shakers in, their, societies or settlements 172 trusts, to, recognized, when 173, 174 , , property. 6f,. limited, etc 176 ". society ,V. meaning, of". 176 Other Religious Societies in, how incorporated, mode and form of proceeding 177-183 re-incorporatiou of ; 199 trustees of, their election, etc 177-186, 191, 192, 201 trustees of, failure to elect, how to proceed 195-197 1 voters of,, their. qualifications, etc 178, 187, 188 voters, of, register of, to be kept 189 Ml Religious Societies in, certain of, confirmed, etc 198, 200 name of, when and how changed 202, 203 trustees of, proceedings against to oust 193, 194, 216, 285 trustees of, their number, how reduced 218 trustees of, their powers, etc 204-208, 212, 214, 217 trustees of, must not pervert their trust 209, 210 trustees of, to exhibit account, when 253-255 trustees of, duty as to the pews of. 265 trustees of, may remove house of worship of, when 273 trustees (fe/acto of, contracts of, binding, when 298 elections of, their qualifications, etc 228, 283 church edifice of, who has control of it 217 doctrines of, may be inquired into when 211-213 property of, what and how held 208, 240-243, 245-249 may hold lands for cemetery 246 may hold property in trust, when 251 bequests to, limited when 262 branch society, faith to be held • 250 unincorporated, agreement with 244 account of, to be exhibited when, etc. 256, 257 the priest or minister of, his office the priest or minister of, his caU and acceptance 220-226, 229-286 532 , WDBX. West Toek (continued), Section jill Religious Societies in, the priest or minister of, his eal^iry . . , 216, 226, 227, 231, 237 the priest or minister of, how dismissed 287-239 pews of, owners' interest in 268-262 pews of, exempt from execution, when '.. 262 pews of, owner of cannot be assessed, etc 263 lands of, how sold, etc 264-271 lands of, may be contracted to be sold, when 272 lands of, how mortgaged, etc 274, 275 lands of, sale of by referee 276 lands of, proceedings before court to sell 277-279 church and, not correlative 280 may control form of worship, how .' 281, 282 may separate from church 284 may bring action when i ■ ■ 286-^291 history of, etc.. in the S^^te . , , , 294-307 New Tork city. Trinity church in. ,,,,,,,.,,, , 301, 302 system of incorporation of, date of 308, 309 Religious Meetings in, disturbance of, unlawful 849 intoxicating liquors, sale of near, prohibited 850 exhibiting shows, etc., near, prohibited , 851 offenders, punishment of , , 852 offenders, duty of sheriffs, etc., in regard to , I . . 853 offenders, proceedings against 854-867, 859, 861 offenders, security given by, when good ,...,.. 860 ' offenders, prosecutions of, limited ,..,.. 862 offenders, record of conviction, and forms for proceedings against, 863-872 Burial Places in, religious societies may hold , 246 municipal corporations and school districts may hold ....... ^ .... . 979 graves in, may be removed when ,,.... 980 cannot be mortgaged, when ,,.,....,, 981 dead bodies in, unlawful to remove, when 982 vested in towns, when , 983 cemetery associations, how incorporated, ^tp 984r-988 certificate of incorporation, and form of it , . 987, 989 trustees of, their duties, etc 985, 990, 991, 993 powers of 988, 989, 991, 992, 995, 997, 988-1001 lots in, indivisible and inalienable, wheA 994, 1002 lands of, how paid for 995^ 995 outstanding debts of, how funded, etc 1003-1OO5 in Westchester, Kings and Queens counties, when allowed. . . , 1006-1008 village cemeteries, how purchased and managed 1000^1016 INDEX. 533 New Tore (continued), Section Burial Places in, private or family, how incorporated ........ v 1017, 1018 certificate of incorporation, its form, etc 1018, 1019 trustees of, vacancies in, liow filled 1020 must be inclosed 1021 old, may be re-incorporated • 1021 desecrating, how punished ... .'. 1022 private, exempt from execution, when 1023 killing birds in, etc., unlawful, 1024, 1025 grave in, desecrating, a felony, when 1026, 1027 NoETH Carolina, religious toleration in, constitutional provision 63, 64 religious toleration in, before the Revolution 83, 85 Religious Societies in, glebe lands and churches, who trustees of 739 church edifices, divine worship in, when 740 churches, trustees of, how appointed and their powers. . 741, 743, 744, 745 land of, yearly value ,of, limited 742 devises to, when valid 746 Religious Meetings in, disturbing of, how punished 942 exhibitions near, prohibited , 943 intoxicating drinks, etc., sale of near, unlawful 944 quarreling, etc., near, prohibited 945 ofienders, forms for proceedings against 946 Burial Places in desecrating, how punished 1141 Ohio, religious toleration in, constitutional provision 42, 43,_ 44 Religious Societies in, how incorporated and evidence of corporation 548-550 powers of 649-552 real estate of, how sold - 553-556 ministry of, lands appropriated to 557j 558 lands of, grantees of, trustees when , . . . 559 majority of, to control, when .• 560 • without religious faith, not religious , 561 Religious Meetings in,. laws required to protect - 906 disturbance of, how punished. 907 intoxicating liquors, etc., sale near unlawful, when 908 offenders, proceedings against, etc 909, 910, 911 53i .INDEX. Ohio (continued). Section Burial Places in, cemetery associations, how incorporated, etc. .' 1074-1076 powers of. ; 1076-1078 lands of exempt from execution, when 1077, 1078, 1081 lots in, to be numbered, etc. 1078 tombs, etc., in, defaoing.of, etc., a misdemeanor 1079, 1080 townships, trustees of, may hold, etd. 1082-1085 lots in,, exempt from execution, when ■ 1084 lands of, in such cases, iow, purchased and paid for ■ 1085-1087 dead bodies in, not to jemsiin in. vault when '. . . . . 1088 Opinions, 1 religious, untrammeled 12 religious, requisite fur. an oath in some states .... 14 Oregon, religious tolerationin, constitutional provision 61 Religious Societies in, how incorporated and powers of corporation 826 Religious Meetings in, disturbing of, how punished 965 oifenders, forms for proceedings against 967 Burial Places in, common law governs, no cemetery associations in 1130 tombs, etc. , in, mutilating, how punished 1130 opening highway, etc., through, prohibited 1131 P. Pennsylvania, religious toleration in, constitutional provision 83 34 religious toleration in, before the Revolution 82 charter for, prepared by William Penn 82 Religious Societies in, rights of, preserved by the Constitution 529 how incorporated. 530-533 charters of, how amended 584-536 powers of 531-588, 537, 538 income of, limited, and how ascertained 538, 539 property of, how conveyed to, etc 540 property of, ecclesiastic may hold, how 541 property of, in trust, how controlled, etc 542 644 property of, exempt from taxation when ; 545 property of, congregation divided, title to 546 charter of, form of 547 iNDEk. 535 Pennsylvania (continued), Section .. ' Religious Meetings in, . . disturbing of, how punished, etc. . . .^ 904, 905 offenders, forms for proceedings against 911 Burial Places in, ceBMtery associations, how incorporated, their powers, etc 1073 Puritans and Pilgrims, why they emigrated to America 2 Quakers. .(See "Friends.") Q. R. iKeliqion, what it is, and foundation of 1 principles of, common to all sorts of men 2 advantages of, to civil society, etc _. 3 America discovered under impulse of 4 colonists dedicated their lands to 7, 8, 10, 11 no established in America, etc 12, 13 provisions of State Constitutions as to 15-20, 22, 25-27, 29 teachers of, to be sustained, when 18, 28 Atheists, have none 23 Eeligious Corporation, what it is. has no soul and how demonstrated 103 technically not ecclesiastical in this country ; 104 is a private body and governed as other private corporations . , 105 when and where originated • • 106 how created 108-110, 112 (See " New York," "Maine," etc.) Religious Meetings, laws .to protect, similar in several of the states, etc 968 (See " New York," " Maine," etc.) Eeligious Societies, what a religious society is 100 none recognized in law usually, but corporations 102 (See " New York," "Maine," etc.) Shakers, rights of, in New York 172-176 deacons of, may hold land, etc., in Maine 328 rights of in Connecticut 488, 489 536 INDEX. South Oaeolina, Section religious toleration in, constitutional provision 65 Religious Societies in, doctrine of trusts applicable to 817-824 Religious Meetings in, intoxicating liquors, sale of near, a misdemeanor . ., ,^. y. . . j . . . ^ 947 Spain, queen of, how induced to aid Columbus 4 adventurers from, in the South 11 Spelman, opinion of, as to the canon law 93 Story, his authority quoted 1159 T. Tennessee, Religious toleration in, constitutional provision 72 Religious Societies in, how incorporated, etc 769 voters of, qualifications and powers of 770 powers of, and how exercised 771, 772, 775 trustees of, tenure of office 772 presumed to be incorporated, when 773 suits against, how commenced, etc 774 certificate of incorporation and form of it 774, 776 unincorporated, may take laud, when 775 . Religiovs Meetings in, disturbing of, punishment of 953 obstructing way to, unlawful 953 intoxicating liquors, sale of near, prohibited , 954 Burial Places in, proprietors of, how incorporated, etc 1148. dead body, abandoning, etc., an offense when 1149 Texas, religious toleration in, constitutional provision 76 Religious Societies in, how incorporated and powers of 803-804, 806, 808 trustees of, how appointed, etc 804, 805 trustees of, responsible to appointing power 806 trustees of, president of, his duty 809 lands of, exempt from taxes, when 807 INDEX. 537 Texas (continued), ge^tion Seligious Meetings in, disturbance of, punishment of offenders, etc 963 Burial Places in, tombs, etc., in, defacing of, how punished 1157 TiNDAL, opinion of, as to the origin of English ecclesiastical law 92 Toleration, religious, in the United States, an issue of Providence 78 before the Eevolution, not unqualifiedly for 79 religious, in the colonies 80-86 (See "New Toek," "Mainb," etc.) Teustees, (See " New Toek," " Maine," etc.) u. TJhitbd States, no established religion in, etc. 12 no religious test in 13 religious toleration in — constitutiopal provision 12--14 no ecclesiastical establishment in 99 religious corporations in, how formed 110, 112 ecclesiastical law in 1163 (See " New Toee:," " Maine," etc.) V. .Veemont, religious toleration in— constitutional provision -20 Lord's day in, how kept 21 Religious Societies in, how incorporated 870; 371 powers of, etc 872-^77 clerk of. to keep records, etc 378 former, may exercise corporate powers, when 879 meeting-houses of, associations for building of 880^882 voluntary, may hold legacy , etc 883, 384 Methodist Episcopal Church, may hold land, etc 385-387 Presbyterian " Associate Church," right of members of 888, 889 minister and people, contracts between 390 must pay the society debts 891 lands of, exempt from execution, etc., when 392 minister of, person liable for his board, when 393 quasi corporation of, may compromise suit 394 [Tt.] 35 ■538 INDEX.- Vermont (continued), Section Religious Societies in, ; ' legislature may. regulate 395 trusts property of, how held, etc 398-401 , Religipus, Meetings in, ... . disturbing of, penalties for .• 885 duty of justices, etc., in regard to 886 ^ liquor, etc.,' sale near, prohibited 887 offenders, grand jurors, etc., to present 888 ' Burial Places in, ' towns may hold and manage 1037 ' how kept in repair, etc 1088 monuments, etc., in, mutilating, punishment for 1089 human remains in, may be exhumed, when 1040 how enlarged, etc 1041-1044 cemetery associations, how incorporated 1045 VlK-aiNIA, settled, with a view to religion 10 religious tolerations-constitutional provision 62 Religious Societies .in, . none incorporated 725 property of, how held, etc 725, 726 may hold burial places 726 lands of,, trustees of, how appointed and powers of 727-730 trustees of, suits against 731 property of, exempt from taxes, when 732 property of^ how sold, etc 733, 734 parish, overseers of poor of, their rights 735 I . devises to, not allowed 736' glebe lands, how measured, etc 737, 738 Religious Meetings in, disturbing of, how punished 941 Burial Places in, lands may be dedicated for 1140 trustees of, their duties, etc 1140 not subject to taxes, when 1140 human bodies, disinterring, punishment for 1140 w. West .Virginia, religious toleration in — constitutional provision 40 41 Religious Societies in, no incorporating of, but recognized 817 doctrine of trusts applicable to 817-824 EsrnEX. 539 "West Virginia (contiimed), Section Religious Meetings in, disturbing of, no statutes to prevent 966 Burial Places in, how maintained, etc 1158, 1159 ■Wisconsin, religious toleration in — constitutional provision 50, 51 Religious Societies in, how incorporated, etc 627-631, 639, 640, 642-645 trustees of, how elected and their powers 627, 633, 634-636 trustees of, first election of, how notified, etc 628, 629 trustees of, vacancies in, how filled 636. 637 trustees of, meetings of, how called, etc 635, 636 trustees of, clerk of to keep register 637 trustees of, qualification of voters for, etc 632, 637 president of .' 632 certificate of incorporation and form of it 629, 630, 631, 641, 643, 644 may hold burial places, etc '. 633, 634, 647 minister of, salary of, how fixed 638 dissolved, may be re-incorporated 638 certain, their powers, etc .' 646 lands of, how held, etc 647 lands of, how sold or mortgaged 648, 650 lands of; exempt from taxes, when 649 Religious Meetings in, disturbing of, how punished 924 Burial Places iii^ religious societies may hold, etc 633, 634, 647 town board must purchase land for, when 1113 lots in, sale of and proceeds of sale 1114 supervisors to purchase land for, when 1115 cemetery associations, how incorporated, etc 1116 ^^m¥£^ts^& vm m KF k-863 T98 Author Tyler, Ransom Hebbard Vol 2 Title American ecclesiastical law: Copy Date Borrower's Name