LIBRARY OF PRINCETON 
 
 
 
 AUR 1 1 2004 
 
 1 
 
 1 
 
 
 THEOLOGICAL SEMINARY 
 
 
LAWS 
 
 BELATrN«J TO 
 
 RELIGIOUS CORPORATIONS. 
 
 A COMPILATION OF THE STATUTES OF THE SEVERAL STATES IN THE 
 
 UNITED STATES IN KELATION TO THE INCORPORATION 
 
 AND MAINTENANCE OF RELIGIOUS SOCIETIES, 
 
 AND TO THE DISTURBANCE OF 
 
 RELIGIOUS MEETINGS, 
 
 .^' 
 
 BY REV. SANDFORD HUNT, D.D., 
 
 AuTHOR OF " Hand-book for Trustees." 
 
 WITH AN ADDRESS ON LAWS AFFECTING RELIGIOUS CORPORATIONS 
 IN THE STATE OF NEW YORK. 
 
 BY HON. E. L. FANCHER, LL.D. 
 
 NEW YORK: 
 
 NELSON & PHILLIPS 
 
 CINCINNATI: 
 HITCHCOCK cS: ^A^ A L D E N . 
 
 1876. 
 
Eutcred according to Act of Congress, in the year 187(5, bj 
 
 NELSON & PHILLIPS, 
 In the Office of the Librarian of Congress at Washington. 
 
 LIBRARY OF PRINCETON 
 
 AUG I I 2004 
 
 THEOLOGICAL SEMINARY 
 
THE LAW 
 
 OF 
 
 RELIGIOUS CORPORATIONS IN NEW YORK.* 
 
 BY E. L. FANCHER, LL.D. 
 
 np^HE Constitution of the State of New York pro- 
 -^ vides that the free exercise and enjoyment of 
 religious profession and worship, without discrimina- 
 tion or preference, shall forever be allowed in this 
 State to all mankind ; and no person shall be ren- 
 dered incompetent to be a witness on account of his 
 opinions on matters of religious belief But the liber- 
 ty of conscience thereby secured shall not be so con- 
 strued as to excuse acts of licentiousness, or justify 
 practices inconsistent with the peace or safety of this 
 State. A similar provision is contained in the 
 statute of the State known as the Bill of Rights. It 
 will thus be apparent that no church can claim ex- 
 clusive privilege or establishment in New York. 
 The law does not take cognizance of any church in 
 respect of its doctrinal peculiarity, nor does its de- 
 nominational character affect its civil rights. The 
 courts may, however, inquire into those matters where 
 questions concerning property call for it. 
 
 The statutes which regulate the organization and 
 
 * Substance of a Lecture delivered before the New York District 
 Conference of the Methodist Episcopal Church. March 21, 1876. 
 
iv Religious Corporatioris in New York. 
 
 incorporation of religious societies, and the manage- 
 ment of their affairs, have reference alone to their 
 temporal concerns. The General Act for the incor- 
 poration of such societies, which was passed in 1813, 
 has been many times since amended, but the promi- 
 nent features of the original statute are still very 
 perceptible. Although it declares that the trustees 
 shall be a body corporate, a view of the entire act, 
 and the current of authority, as well as the popular 
 opinion, sustains the position that the congregation 
 or society, and not the trustees, are incorporated. 
 The relation which the trustees bear to the corpora- 
 tion is not that of private trustees to the cestuis que 
 trust, but that of directors to a civil corporation. 
 They are the managing officers of the corporation, 
 invested, as to its temporal affairs, with such particu- 
 lar powers as are specified in the statute, and, also, 
 within the sphere of their appropriate duties, with 
 such discretionary powers as may properly be exer- 
 cised by officers of a civil corporation. Therefore, 
 whatever property is acquired is vested in the corpo- 
 ration aggregate, and not in the trustees. Whatever 
 possession the trustees have of the property, is the 
 possession of the body corporate. Although they 
 are styled trustees, they do not hold the property in 
 trust. Their name is simply the title of their office, 
 and their position is the same as if they had been 
 called directors or managers. Their right to interfere 
 with the property is only an authority, and not an 
 interest, or an estate. Hence, any legal proceedings 
 affecting the property should be conducted in the 
 name of the corporation, and not of the trustees ; and 
 
Religions Corporations in Nezu York. v 
 
 any transfers or conveyances, when sanctioned by 
 the court, should be also in the name of the corpo- 
 ration. 
 
 There is a common mistake of making conveyances 
 to the trustees of the religious corporation ; but the 
 word " trustees " should never be used in a convey- 
 ance. The corporate title of the body corporate 
 should be correctly stated, just as when the convey- 
 ance is to an individual his name should be correctly 
 stated. Incorporated religious societies are not re- 
 garded as ecclesiastical corporations in the sense of 
 the English law, but as civil corporations, governed 
 by the principles of the common and statute law. 
 It was incident at common law to every corporation 
 to have capacity to purchase and alien lands and 
 chattels. Unless restricted by their charters, or by 
 statute, they are endowed with that capacity. But 
 the common-law right of disposition of lands was, as 
 to religious corporations, taken away in England in 
 the time of Elizabeth, and it has never existed in 
 this State since the statute of 1813. The powers 
 granted to trustees by that act are limited ; so that 
 no sale of real estate can be made without the order 
 of the chancellor — now of the Supreme Court. In 
 such case, too, when a sale is permitted, the court 
 must direct as to the disposition of the proceeds of 
 sale. The proceeding for a sale should be founded 
 on the vote of the electors, as well as on the action of 
 the trustees. As a mortgage is a conveyance subject 
 to the condition that the debt be paid at a certain 
 day, it is the general opinion that trustees have no 
 right to mortgage the premises of a religious corpo- 
 
vi Religious Corporations in New York. 
 
 ration without an order of the court permitting it to 
 be done. It has, however, in one case been decided 
 otherwise, (27 Barb., 52,) and in another case a mort- 
 gage to secure part consideration of premises was 
 upheld without such an order. (18 Barb., 35.) 
 
 There is a marked and essential difference between 
 other civil corporations and those incorporated under 
 the statute for the formation of religious societies. The 
 former are subject to the visitorial powers of courts 
 of equity ; they may have their affairs regulated, im- 
 proper officers ousted, and their members reinstated. 
 With the latter the courts have no concern, except 
 in the few particulars specified by a late statute. If 
 there should be a failure to elect trustees, the courts 
 can afford no relief; the remedy must be sought in 
 the statute. The powers granted to trustees by the 
 act of 181 3, taken in connection with the statute 
 which excepts religious corporations from the vis- 
 itorial interference of courts of equity, evince the 
 intent of the Legislature as to the temporal concerns 
 of such a corporation, so that if a band of infidels 
 should have become members of a religious congre- 
 gation, and as electors for trustees should have elect- 
 ed some of their number to the board, the courts could 
 not, prior to the late act of 1875, interfere. The only 
 corrective was with the congregation at their stated 
 election for trustees. The power was in their own 
 hands, so far as the law stood prior to March 29, 
 1875. The courts hitherto, before the law of 1875, 
 had held that religious corporations, formed under the 
 third section of the Act of 1813, had no denomina- 
 tional character, and that none can be engrafted on 
 
Religions Corporations in Neiv York. vii 
 
 them. Ecclesiastical connection, doctrines, rites, or 
 modes of government of the spiritual body, did not 
 affect the legal character of the corporation. The 
 title of the trustees to office, and the control of the 
 property prior to the late Act of March 29, 1875, was 
 not impaired by any aberration in doctrine or church 
 government, on the part of the congregation which 
 elected the trustees. 
 
 There are available checks against the improper 
 conduct of electors. One is the control which the 
 trustees have of the temporalities, and their right to 
 make any proper regulations as to the renting of 
 pews, or the occupancy of seats in church edifices, so 
 as to exclude, if they see fit, obnoxious and im- 
 proper attendants. Another is the right to appoint 
 a clerk, who shall be required to keep a roll of the 
 voters belonging to the congregation, and, where 
 such a record is kept, to make it the registry by 
 which the qualification of the electors may be deter- 
 mined. This, in fact, is seldom done, and it com- 
 mends the general management of trustees and the 
 general conduct of rehgious congregations, that the 
 guard of a registry of voters has not been found 
 necessary. 
 
 In one of the statutes of England, in the reign of 
 Henry VIII., it was provided : " Causes spiritual 
 must be judged by judges of the spirituality, and 
 causes temporal by temporal judges." We may ap- 
 ply that principle to the law of New York. Over 
 the church, as such, the legal tribunals do not pro- 
 fess any jurisdiction, except to protect civil rights 
 and preserve the public peace. Questions relating 
 
viii Religions Corporations in New York. 
 
 to the faith and practice of the church, belong to the 
 church judicatories, and the doctrines, government, 
 and worship of the church, are to be regulated ac- 
 cording to its own peculiar rules and discipline. Our 
 laws make a plain distinction between ecclesiastical 
 procedure, and the regulation of temporalities. They 
 are in harmony with the principles of our Federal 
 Constitution, which provides that "no religious test 
 shall ever be required as a qualification to any 
 office or public trust, and that Congress shall make 
 no law respecting an establishment of religion, or 
 prohibiting the free exercise thereof" Freedom to 
 worship God, according to the dictates of conscience, 
 and liberty of opinion in matters of religious faith, 
 are among the choicest blessings of a free people. 
 
 Under the laws of England the people are divisible 
 into two classes, the clergy and the laity. There the 
 clergy are allowed numerous privileges by the munic- 
 ipal laws. They have, however, some disabilities, 
 and are divided into ranks and degrees. But in the 
 United States we have no holy orders, nor any ec- 
 clesiastical officers, known as such to the civil law. 
 Nor is any one in this country compelled to make 
 any contribution for the support of religion. All 
 contributions for that purpose are voluntary. Yet, 
 contracts made to support religion or pious endow- 
 ments, stand upon the same foundation as contracts 
 for other purposes, and will be enforced by the mu- 
 nicipal law, when properly made upon sufficient con- 
 sideration. 
 
 A religious society may be defined to be a volun- 
 tary association of individuals for the advancement 
 
Religious Corporations in New York. ix 
 
 of religion. Although a church, as an ecclesiastical 
 body, is always connected with a religious corpora- 
 tion, yet the members of the church have no other or 
 greater rights than others of the congregation, ex- 
 cept in a few instances where special acts have made 
 a distinction. One of such exceptions was created 
 by a law of 1875 in respect to Brooklyn. In deter- 
 mining the powers and functions of a religious cor- 
 poration in the State of New York, reference must 
 be had to the statute under which it is incorporated. 
 Whatever authority the corporation possesses is de- 
 rived from the statute, and by its provisions must the 
 power be tested. The trustees alone can bind the 
 corporation, and, in order to execute that power, they 
 must convene as a board, at which a majority must 
 be present. When convened, a majority of the quo- 
 rum present is competent to make valid their action. 
 The separate action of the trustees individually, al- 
 though a majority in number should agree upon it, 
 would not legally be the act of the constituted 
 body clothed with the corporate powers. The 
 property of the corporation cannot be distributed by 
 the trustees among the members, nor can the mem- 
 bers themselves, or the court, sanction such a distri- 
 bution. Church edifices and chapels are sometimes 
 let, or permitted to be used, for purposes other than 
 those for which they were erected. Such casual 
 or occasional use is not objectionable, provided it 
 does not interfere with the rights or convenience of 
 the congregation. It could not be carried to such 
 an extent as to amount to a perversion of the legiti- 
 mate ends for which the property is held. It is now 
 
X Religions Corporations in Neiv York. 
 
 enacted that bequests and devises of real and per- 
 sonal estate, may be made to a religious corporation, 
 the net annual income of which shall not exceed 
 twelve thousand dollars, subject, however, to the act 
 of i860 relating to wills, which limits such bequests 
 and devises to one half of the estate of the donor, 
 where there survives a husband, wife, child, or parent. 
 
 Premises exclusively used for church purposes are 
 exempt from taxation. Parsonages are not thus 
 exempt. 
 
 There are special statutes for the incorporation 
 of societies to establish free churches, for the in- 
 corporation of Protestant Episcopal Churches, Re- 
 formed Presbyterian Churches, Roman Catholic 
 Churches, and some others. Generally, however, 
 Methodist Episcopal Churches, and those of the 
 Baptist, Presbyterian, Congregational, and some 
 other denominations, are incorporated under the third 
 section of the Act of 18 13. Persons entitled to vote 
 for trustees, in such a religious congregation, are 
 males and females of full age, who shall have been 
 stated attendants on divine worship in the congrega- 
 tion at least one year before such election, " and shall 
 have contributed to the support of the church, congre- 
 gation, or society, according to the usages and customs 
 thereof." (Chapter 597, Laws of 1875.) If the socie- 
 ty neglect or omit at their stated annual election to 
 choose any one of the three classes of trustees, as 
 mentioned in the sixth section of the Act of 18 13, 
 they may proceed to an election on a new notice. 
 (Chapter 354, Laws of 1875.) 
 
 On the 29th March, 1875, a most important act 
 
Religious Corporations in New York. xi 
 
 relative to religious societies was passed by the 
 Legislature of New York. (Chapter 79, Laws of 
 1875.) In a sense it grew out of the proceedings of 
 the Methodist Convention held at Syracuse some 
 years ago. The Convention appointed a committee 
 of lawyers to prepare and present to the Legislature 
 a proper bill. The committee performed that duty, 
 and the bill passed one branch of the Legislature, 
 but failed in the other, perhaps for want of time. 
 Last winter Rev. Dr. Hunt, of Lockport,* a presiding 
 elder, took up the matter, visited New York and 
 Albany, made amendments to the bill, and success- 
 fully influenced its passage, so that it is now a law. 
 It amends the Act of 181 3 in important particulars. 
 
 Sec. I provides that trustees shall hold their offices 
 during the term for which they were elected, and un- 
 til their successors are chosen. 
 
 Now, a failure to elect any of the classes of trust- 
 ees will not leave the corporation without a legal 
 board to transact its affairs. 
 
 Sec. 2 provides that when a trustee ceases to be a 
 member of the church, by removal or otherwise, or 
 ceases to statedly attend upon and support its serv- 
 ices, he shall, for such cause, cease to be a trustee ; his 
 place shall be declared vacant, and the congregation 
 shall proceed to fill the vacancy. 
 
 The importance of this provision to meet emergen- 
 cies that arise is quite apparent. 
 
 Sec. 3 provides, what another act of the same ses- 
 sion provides, that bequests and devises may be 
 made to a rehgious corporation, the net annual in- 
 
 * Now of Buffalo, N. Y. 
 
xii Religious Corporations in New York. 
 
 come of which shall not exceed ^12,000; subject to 
 the limitation of the Act concerning wills ; that is, 
 chap. 360, Laws of i860. 
 
 Sec. 4 provides that the trustees shall administer 
 the temporalities, and hold and apply the property 
 and revenues, for the benefit of the corporation, ac- 
 cording to the discipline, rules, and usages of the 
 denomination to which the church members of the 
 corporation belong ; and it shall not be lawful to di- 
 vert the property to any other purpose ; except to- 
 ward the support of institutions connected with such 
 church or religious society. 
 
 Prior to this act it had several times been held by 
 the courts, that the congregation and trustees could 
 change their faith and denomination, and totally dis- 
 regard the ecclesiastical relations and ordinances of 
 the denomination, to which before they were attached. 
 
 Sec. 5 allows religious corporations to receive and 
 apply income or rents from pews, in addition to the 
 annual income allowed by law. 
 
 Prior to this provision, most of the pewed churches 
 in cities were obliged to pursue a practice contrary 
 to law. 
 
 Sec. 6 extends the jurisdiction of courts of equity 
 over religious corporations, so far as may be neces- 
 sary to enforce the provisions of that act. 
 
 Without this provision such courts would have no 
 power, as there is a general statute which excepts re- 
 ligious corporations from their jurisdiction. 
 
 Sec. 7 provides that no religious corporation shall 
 be dissolved for want of the inventory of its real and 
 personal estate, and the account of the annual income 
 
Religious Corporations in New York, xiii 
 
 thereof, which is required by law to be exhibited 
 once in three years, between January and April, to a 
 justice of the Supreme Court ; provided such ac- 
 count or inventory be exhibited within three years 
 from the passage of the Act. It was passed, as al- 
 ready stated, March 29, 1875. 
 
 Since the Act thus referred to, it is considered that 
 the property of religious corporations within the 
 State of New York is well secured by proper pro- 
 visions of law. Perhaps no further local legislation 
 is necessary for the management of the temporalities 
 under the care of trustees of religious societies in 
 that State. Christian churches or denominations do 
 not seek from the State any thing more than the pro- 
 tection of their civil rights. They do not ask that 
 the secular power shall enforce any doctrine, or enact 
 statutes to make valid any creed. It is right to obey 
 God rather than man ; and, therefore, religious be- 
 lief is a matter for the conscience, beyond the reach 
 of human laws. The great Head of the church re- 
 fused to wear an earthly crown, and said, " My king- 
 dom is not of this world." He provided for no 
 statesmen to establish his church ; nor for any sol- 
 diers to propagate its faith. The sublime words in 
 which he commissioned his apostles to preach the 
 Gospel, and to disciple all nations, show that his 
 dominion was not to be civil or national, but spiritual 
 and universal. Yet he plainly asserted the doctrine 
 that civil government is ordained of God. 
 
 While no particular form of government is pre- 
 scribed, the law of the New Testament asserts the 
 binding force of civil authority. There is an inspired 
 
xiv Religious Corporations in New York. 
 
 passage in Paul's Epistle to the Romans, which, in 
 the translation of Dean Alford, reads as follows : 
 " Let every soul submit himself to the authorities 
 that are above him ; for there is no authority except 
 from God : those that be, have been ordained by 
 God. So that he which setteth himself against the 
 authority, resisteth the ordinance of God ; and they 
 that resist shall receive to themselves condemnation. 
 For rulers are not a terror to the good, but to the 
 evil. Dost thou desire not to be afraid of the au- 
 thority? Do that which is good, and thou shalt 
 have praise from the same ; for he is God's minister 
 unto thee for good. But if thou do that which is 
 evil, be afraid ; for he weareth not the sword in vain : 
 for he is God's minister, an avenger for wrath unto 
 him that doeth evil. Wherefore ye must needs sub- 
 mit yourselves, not only because of the wrath, but 
 also for your conscience' sake. For this cause ye 
 also pay tribute ; for they are ministers of God, at- 
 tending continually to this very thing. Render to 
 all their dues : tribute to whom tribute is due ; cus- 
 tom to whom custom ; fear to whom fear ; honor to 
 whom honor." 
 
 While this expressive passage does not define the 
 sphere of the civil authority, there are other portions 
 of the sacred record which show that it is limited to 
 the temporal concerns of man, and has no right to 
 invade the sacred realm of his spiritual convictions 
 or duties. Man's allegiance to a spiritual kingdom 
 is supreme ; and, subservient to that higher law, he 
 owes allegiance, also, to human laws. His motto 
 should ever be : " Render, therefore, to Cesar the 
 
Religions Corporations in New York. xv 
 
 things that are Cesar's, and to God the things that 
 are God's." 
 
 It should not be inferred because the constitution 
 of the United States secures " the free exercise and 
 enjoyment of reHgious profession and worship," 
 that therefore acts of irreligion or practices incon- 
 sistent with pubHc peace or morahty are tolerated 
 by the law. On the contrary, it is an offense at 
 common law, to deny the being or providence of God. 
 Contumelious reproaches of Jesus Christ have been 
 held to be blasphemy. Profane scoffing at the Holy 
 Scripture, or exposing it to contempt and ridicule, is 
 a like crime at the common law. {King v. WoolstoUy 
 Str., 834 ; W. Blackstones Ref., 398 ; i Vent., 293 ; 
 3 Keb., 607, 621 ; 8 y. R., 292.) The Court of King's 
 Bench declared that they would not suffer it to be 
 debated, whether to write against Christianity in 
 general was not an offense, punishable in the tempo- 
 ral courts at common law. 
 
 Blasphemy, according to the most precise defini- 
 tion, consists in reviling God or religion ; and it has 
 been held that the utterance of malicious and scan- 
 dalous words concerning the Saviour was blasphemy, 
 because it was reviling Christianity through its di- 
 vine author. {People v. Rtcggles, 8 yohns. Rep., 294.) 
 The Court of King's Bench in Rex v. Woolston, said 
 that whatever strikes at the root of Christianity tends 
 manifestly to the dissolution of civil government. 
 In Rex V. Williams, tried in July, 1797, before Lord 
 Kenyon, for the publication of " Paine's Age of Rea- 
 son," the same doctrine was asserted. Profane ridi- 
 cule of Christ, or of the Holy Scriptures, is an offense 
 
xvi Religious Corporations in New York. 
 
 punishable at common law, whether uttered by words 
 or writings. (4 Black. Com., 59.) It is an offense be- 
 cause it tends to corrupt good morals, and to destroy 
 good order ; and is, therefore, treated as a crime af- 
 fecting the essential interests of civil society. Such 
 offenses, at common law, are punishable under the 
 constitution and laws of the State of New York. 
 (J^eople V. Ruggles, 8 yohn. R., 290.) 
 
 Lord Bacon said, " Profane scoffing doth, by little 
 and little, deface the reverence for religion," vol. ii, 
 291, Bacons Works. Chancellor Kent said, (8 J. R., 
 p. 295 :) " No government among any of the polished 
 nations of antiquity, and none of the institutions of 
 modern Europe, (a single and monitory case except- 
 ed,) ever hazarded such a bold experiment upon the 
 solidity of the public morals, as to permit with impu- 
 nity, and under the sanction of their tribunal, the 
 general religion of the community to be openly in- 
 sulted and defamed. The very idea of jurisprudence, 
 with the ancient lawgivers and philosophers, em- 
 braced the religion of the country, yurispriidentia 
 est divinarinn atque humanarum reru7n notitia. — Cic. 
 de Legibns, b. 2. The free, equal, and undisturbed 
 enjoyment of religious opinion, whatever it may be, 
 and free and decent discussions of any religious sub- 
 ject, are granted and secured ; but to revile with 
 malicious and blasphemous contempt the religion 
 professed by almost the whole community, is an 
 abuse of that right. Nor are we bound by any ex- 
 pressions in the constitution, as some have strangely 
 supposed, either not to punish at all, or to punish in- 
 discriminately the like attacks upon the religion of 
 
Religious Corporations in New York. xvii 
 
 Mohammed ox of the Grand Lama ; and for this plain 
 reason, we are a Christian people, and the morality 
 of the country is deeply ingrafted upon Christianity, 
 and not upon the doctrines or worship of those im- 
 postors. . . . Though the constitution has discarded 
 religious establishments, it does not forbid judi- 
 cial cognizance of those offenses against religion 
 and morality which have no reference to any such 
 establishment, or to any particular form of govern- 
 ment, but are punishable because they strike at the 
 root of moral obligation, and weaken the security of 
 the social ties." The constitution "never meant to 
 withdraw religion in general, and with it the best 
 sanctions of moral and social obligation, from all con- 
 sideration and notice of the law." " To construe it 
 as breaking down the common law barriers against 
 licentious, wanton, and impious attacks upon Chris- 
 tianity itself, would be an enormous perversion of its 
 meaning." " Christianity in its enlarged sense as a 
 religion, revealed and taught in the Bible, is not un- 
 known to our law." Vide the R. S. concerning the 
 keeping of the Sabbath. Concerning oaths, and 
 making of contracts on Sunday, the Supreme Court 
 of the United States held, in Vidal v. Girard's 
 Ex., 2 U. S. How., R., 198, that the Christian religion 
 was a part of the common law adopted in Pennsyl- 
 vania, in the constitution of which State is a provis- 
 ion similar to that in the constitution of New York. 
 It is so in New York, 8 yo/in. Rep., 292 : (Debates 
 in Convention of N. Y., p. 374.) A man who spoke 
 contumelious and disrespectful words of Christ was 
 tried, convicted, fined, and imprisoned ; and the Su- 
 
xviii Religious Corporations in Nezv York. 
 
 preme Court of New York decided that the words 
 were blasphemous, at common law, and that the ac- 
 cused was properly convicted and sentenced. It has 
 also been held that while individual consciences may 
 not be constrained, yet men of every opinion and 
 creed may be restrained from acts which interfere 
 with Christian worship, or which tend to revile re- 
 ligion or bring it into contempt. When any belief 
 tends to acts Which interfere with the rights of those 
 who represent the religion of the country, their acts 
 may be restrained by legislation. (See 21 Howard's 
 Prac, Rep., 157.) 
 
 The sparks of ancient learning which survived the 
 long winter of the dark ages have not kindled the 
 light of our day. The stupendous march of our civili- 
 zation is due to the establishment and maintenance 
 of Christianity. Revelation and reason go hand in 
 hand, and give energy and effect to our laws. Our con- 
 stitutional freedom is pervaded with the living prin- 
 ciples of justice and truth, whose foundations are the 
 Holy Scriptures. The republics of Greece, Rome, 
 and Venice, had what were called free constitutions 
 before ours were framed. Republican France adopted 
 one that was a model of human sagacity. But the 
 sublime principles of Christianity were hidden below 
 the horizon of those unhappy republics, and there 
 was found no charm in infidel political science to 
 save them. God is the righteous ruler of nations. 
 He has given the kingdoms of this world to his Son. 
 He occupies the supreme throne over all ; not as 
 a deity of reason or of pantheism ; nor yet as the 
 theos or dens of speculative philosophy, but as the 
 
Religious Corporations in New York. xix 
 
 God of revelation, as he is made known in the Holy- 
 Scriptures, which are the chart of our liberties. We 
 are not left to speculative theories, or to a disputable 
 hypothesis in this matter. Whenever we turn to the 
 examination of historical facts, we find that in every 
 place where Christianity has prevailed, there the en- 
 lightenment and moral elevation of mankind have fol- 
 lowed. It is also seen that just in proportion to the ab- 
 sence or the corruption of Christian truth, have there 
 been darkness, error, and crime. The most important 
 part of the history of European civilization is the 
 history of Christianity ; and identified with the stu- 
 pendous progress of the people of the United States, 
 is the history of their Christian culture and faith in 
 Christ. The world is not abandoned to chance or 
 fate. It is under a scheme of moral government, 
 where evil men and wrong principles are overruled by 
 an Almighty power. All laws, therefore, which are 
 framed for the guidance of human society, should be 
 subordinate to the higher system of Heaven ; which, 
 in wonderful wisdom and love, has not only devised 
 the redemption and restoration of humanity, but has 
 revealed those eternal principles of morality that are 
 endued with living power for the welfare of men. 
 
 In the Convention of 1821 for forming the Consti- 
 tution of New York, it was conceded, in discussing 
 the case of the People v. Ruggles, that the Christian 
 religion was the law of the land, in the sense that it 
 was preferred over all other religions, and was en- 
 titled to the recognition and protection of the tempo- 
 ral courts by the common law of the State. The 
 decision of that case was vindicated as a just exposi- 
 
XX Religions Corporations in New York. 
 
 tion of the constitutional recognition, and the relation 
 of the Christian religion to the State. A practical 
 construction is thus put upon the " toleration " clause 
 of the Constitution of 1821, and which was again 
 adopted in the Constitution of 1846. It limits its 
 effect to a prohibition of a church establishment by 
 the State, and of all "discrimination or preference" 
 among the several sects and denominations in the 
 " free exercise and enjoyment of religious profession 
 and worship." But it does not prohibit the Legisla- 
 ture or the courts from regarding the Christian re- 
 ligion as the religion of the people, as distinguished 
 from the false religions of the world. It is not dis- 
 putable that Christianity was a part of the common 
 law of England. (Lindenmuller \ . People ^ 21 How.^ 
 Pr. Rep., 158.) 
 
 By Sec. 17, Art. i, Const, of 1846, it is provided: 
 " Such parts of the common law, and of the acts of 
 the Legislature of the Colony of New York as to- 
 gether did form the law of the said Colony on the 
 19th of April, 1775 ; and the resolutions of the 
 Congress of the said Colony, and of the Convention 
 of the State of New York, in force on the 20th day 
 of April, I 'j'j'j, which have not expired, or been re- 
 pealed or altered, and such acts of the Legislature of 
 this State as are now in force, shall be, and continue 
 the law of this State, subject to such alterations as 
 the Legislature shall make concerning the same." 
 Thus the recognition of Christianity as a part of the 
 common law, is incorporated into the law of New 
 York. Christianity is not the legal religion of the 
 State, but it is the recognized religion of the people ; 
 
Religious Corporations in New York. xxi 
 
 and, as such, it is recognized and protected. Laws 
 are accordingly passed prohibiting the violation of 
 the Christian Sabbath by secular employments or 
 the making of civil contracts. The common faith of 
 the community is also recognized by conventions to 
 form or amend the Constitution, and by the Legisla- 
 tures, in opening their daily sessions with prayer. 
 The governor cannot return bills to the Legislature 
 on the Christian Sabbath. The courts cannot sit on 
 that day, except to receive a verdict or to discharge 
 a jury. The founders of our government and the 
 framers of our constitutions have recognized the 
 truth that the Christian religion is intimately con- 
 nected with good government, and is the only sure 
 basis of sound morals. The stability of government, 
 the welfare of society, and the interest of the citizen, 
 are involved in our perpetuation of the Sabbath as 
 one of the institutions of Christianity, and in proper 
 respect for the Christian religion. The peace and 
 good order of society are thereby promoted, and 
 increased securities of Hfe and property are thereby 
 afforded. It would be repugnant to every proper 
 idea of a civilized government, to overthrow such a 
 well-tried safeguard of liberty as the Christian re- 
 ligion, for through the influence it exerts it is di- 
 rectly conducive to civilization, and it contains the 
 purest and most perfect system of ethics that ever 
 has been promulgated. 
 
 A nation is saved by the righteousness that dwells 
 in it, and not by the influence of arts, or of arms. 
 Its surest defense, under Providence, is the moral 
 elevation of its citizens. No community, without 
 
XX ii Religions Corporations in New York. 
 
 morality, ever left a history except that which closes 
 in darkness. Nations without God are at length 
 overwhelmed in ruin. The best hopes for humanity 
 are identified with the progress of Christianity, and 
 the basis of national prosperity, is that individual and 
 social morality which it inculcates. There are mys- 
 tic shells brought from the caves of ocean, that, when 
 pressed to the ear, breathe a soft and solemn sound, 
 like the faint murmur of their distant native waters. 
 So there are human laws which whisper of the 
 deeper ordinances of nature on which they repose, 
 and they point tremulously upward to a throne of 
 unchanging, eternal righteousness. 
 
 Religious tolerance is not inconsistent with a re- 
 cognized religion. Our forefathers came to these 
 shores not only to find a country of civil liberty, but 
 they sought a land of religious freedom. The early 
 history of the colonies shows that they regarded re- 
 ligion as the basis of civil liberty and the foundation 
 of their rights. Judge Woodward, in lo Har., 102, 
 said : " The right to rear a family with a becoming 
 regard to the institutions of Christianity, and without 
 compelling them to witness the hourly infractions of 
 one of its fundamental laws ; the right to enjoy the 
 peace and good order of society, and the increased 
 securities of life and property which result from a de- 
 cent observance of the Sabbath ; the right of the poor 
 to rest from labor without diminution of wages ; the 
 right of beasts to the rest which nature calls for — are 
 real, substantial rights, and as much the subject of 
 governmental protection as any other right of person 
 or property." Such is the law of New York. 
 
lE^TEODUCTIOI^r 
 
 "^ I ^HE vast and rapidly increasing amount of 
 -^ property held by religious societies in the 
 United States renders a knowledge of the tenure 
 by which it is secured a matter of grave impor- 
 tance. Laymen who have the custody of this class 
 of property should be somewhat familiar with the 
 laws under whose authority they act. These laws, 
 however, are to be found only in large and expen- 
 sive volumes, and in many places difficult of access. 
 About two years ago the compiler of this book 
 collected together the laws of the State of New 
 York appertaining to this subject, and they were 
 published by H. H. Otis in a small volume entitled 
 *' Hand -Book for Trustees of Religious Corpora- 
 tions." The demand for that book suggested the 
 necessity for this volume. Some of the States 
 have no special laws for the incorporation of relig- 
 ious societies, hence their omission in this list. 
 This book is not designed for lawyers or courts 
 of justice. It presents, in as condensed a form as 
 practicable, such statutes, now in force, as trustees 
 of churches and camp-grounds may desire for the 
 
4 Introduction. 
 
 security of property and maintenance of order. I 
 hereby express my obligations to William Gould & 
 Son, Law Publishers, at Albany, N. Y., for permission 
 to copy from Tyler's "American Ecclesiastical Law" 
 the laws of Georgia, Florida, and Mississippi. That 
 book is an embodiment of laws and decisions for 
 those who desire a full and complete volume on this 
 subject. 
 
 While this volume was in press Hon. E. L. Fancher 
 delivered an address on " The Law of Religious Cor- 
 porations '* before a District Conference in New York 
 city. It is not only full of valuable practical sugges- 
 tions for church officers in New York State, but 
 presents, in a clear and forcible manner, solid general 
 truths, which are the very foundations of civil gov- 
 ernment. The public at large wi)l unite with us in 
 gratitude that he yielded to our earnest solicitations 
 for the copy which is herewith published. 
 
 This book is sent out with the hope that it may be 
 of service to a large class of men who, without com- 
 pensation, are the custodians of property of untold 
 importance to the Christian Church and the nation. 
 
 Buffalo, N. Y., I876. S. HuNT. 
 
CONTENTS 
 
 CHAPTER I.— ALABAMA. 
 
 Church or Religious Society may Incorporate by electing Trustees 
 —Must file Certificate— May hold Real and Personal Estate— Laws 
 relating to Disturbance of Religious Meetings Page II 
 
 CHAPTER IL— CALIFORNIA. 
 
 How Societies may Incorporate — Certificates— Powers of Trustees 
 — Church Functionaries may act as Tnistees — Disturbance of Camp 
 and other Religious Meetings 12 
 
 CHAPTER III.— COLORADO. 
 How Organized— Powers of Trustees — Taxation 15 
 
 CHAPTER IV.— CONNECTICUT. 
 
 General Rights of Societies — How Formed — Membership— How 
 Acquired and Terminated— Election of Members — Annual Meetings 
 — Special Meetings — Officers — Vacancies — Powers of Societies — 
 Location of Churches— Taxes— How laid and collected— Right of 
 Voting — Pews Assessed and Sold — Offenses 17 
 
 CHAPTER v.— DELAWARE. 
 
 Mode of Incorporation — Trustees — How Elected — Powers — Va- 
 cancies—How Filled — Records — Protestant Episcopal Church — 
 Deeds — Disturbing Meetings 27 
 
 CHAPTER VL— DISTRICT OF COLUMBIA. 
 
 Religious Societies may receive and hold One Acre of Land — 
 Trustees to hold Title — Certificate— Powers of Trustees — Convey- 
 
6 Contents. 
 
 ances — Vacancies — Removal of Tmstees — Property reverts on 
 Dissolution — Trustees hold until Successors are Elected — Private 
 Schools Page 30 
 
 CHAPTER VIL— FLORIDA. 
 
 How to Incorporate — Powers — Pi'operty of Religious Societies — 
 Disturbing Worship 34 
 
 CHAPTER VIII.— GEORGIA. 
 
 Methods — Change of Name — Conveyances — Vacancies — How 
 Filled — Form of Petition and Order — Disturbing Worship 3S 
 
 CHAPTER IX.— ILLINOIS. 
 
 Corporations may receive and hold Lands — Certificates — Powers 
 of Trustees — Dissolution of Societies — Camp-Grounds — Mortgages 
 — Trust Deeds — Roman Catholic Churches — Corporate Powers — Dis- 
 turbance of Religious Meetings 43 
 
 CHAPTER X.— INDIANA. 
 
 Societies may hold Land — Notice of Election — Certificates — Ten- 
 ure of Office of Trustees — How Chosen — Change of Name — Sale of 
 Property — Disturbance of Religious Meetings 49 
 
 CHAPTER XL— IOWA. 
 
 Corporations — How Formed — Certificates — Powers — Elections — • 
 Devises and Bequests — Offenses — How Punished 55 
 
 CHAPTER XIL— KANSAS. 
 
 How Corporations are Formed — Acknowledged — Filed — Religious 
 Societies — Disturbance of Public Worship 60 
 
 CHAPTER XIII.— KENTUCKY. 
 
 Grants for Charitable Uses — Not Defeated for want of Trustee — 
 Churches limited to Fifty Acres — Trustees to be Appointed — Records 
 — Schisms— Excommunication — Dissolution — Shakers 62 
 
Contents. J 
 
 CHAPTER XIV.— LOUISIANA. 
 
 Applications must be made to the District Attorney for Incor- 
 poration Page 64 
 
 CHAPTER XV.— MAINE. 
 
 Mode of calling Meeting — Organization— Annual and other Meet- 
 ings — Parish Meetings — How Called— May raise Money — Assess- 
 ments on Pews — Admission to a Parish — Church Officers may be 
 deemed Corporations — Conveyances — Offenses appertaining to Re- 
 ligious Meetings 66 
 
 CHAPTER XVI.— MARYLAND. 
 
 Who may Incorporate — Powers of Trustees — Limitation of In- 
 come — Where Elections must be Held, and who may Vote — Qualifi- 
 cations of Trustees — Ministers are Voters — How settle Disputes — 
 Plans adopted at the first Meeting — Recorded — Powers Defined — 
 Division of a Society — Disturbing Religious Meetings 79 
 
 CHAPTER XVII.— MASSACHUSETTS. 
 
 Religious Societies to be Corporate — Rights— Societies may Organ- 
 ize themselves — Membership — Voters — Organization — Meetings — 
 How Warned — Protestant Episcopal Societies — Taxes — Unincorpo- 
 rated Societies — Proprietors of Churches — Trustees of Methodist 
 Episcopal Church — Copy of Record — Disturbing Religious Wor- 
 ship 87 
 
 CHAPTER XVIIL— MICHIGAN. 
 
 Organization — Minister may Preside — Notice of Election — Certifi- 
 cate — Rights and Powers of Trustees — Meetings — How called — 
 Voters — Order of Sale — Protestant Episcopal Church — Presbyterian 
 Churches — Roman Catholic Churches — Offenses 104 
 
 CHAPTER XIX.— MINNESOTA. 
 
 Body of the Law copied from New York Law of 18 13 — Who may 
 Vote — Sale of Real Estate — Succession Established — Tinistees may 
 
8 Contents, 
 
 be chosen according to Denominational Usage — Disturbing Religious 
 Meetings Page 124 
 
 CHAPTER XX.— MISSISSIPPI. 
 How to Incorporate — Right to Property — Powers of the Corpora- 
 tion — Marriages — Disturbing Religious Worship 129 
 
 CHAPTER XXI.— MISSOURI. 
 How to Incorporate — Form of Certificate — Disturbance of Re- 
 ligious Meetings 135 
 
 CHAPTER XXII.— NEBRASKA. 
 Organization — Powers of Trustees — How Supply in case of Va- 
 cancy 137 
 
 CHAPTER XXIIL— NEW HAMPSHIRE. 
 Societies — How Formed — Powers and Duties of Trustees — Mem- 
 bership to be Voluntary — Assessments — Taxes — Donations to Unin- 
 corporated Societies — Church Officers may be Corporate Bodies — 
 When Ministers may be deemed Corporators — May hold Parsonages 
 — Conveyances — Income of Property — Neglects not to affect the Soci- 
 ety — Disturbance of Religious Worship 139 
 
 CHAPTER XXIV.— NEW JERSEY. 
 Trustees — How first Elected — Powers — Vacancies supplied — 
 Dutch Reformed Churches 150 
 
 CHAPTER XXV.— NEW YORK. 
 
 Act of 1813, with general Amendments — Reformed Protestant 
 Dutch Church — General Law — Powers of Trustees — Two may Call 
 a Meeting — Vacancies — How Filled — Who may Vote — How to In- 
 crease or Diminish the Number of Trustees — Sale of Real Estate — 
 Trustees of Methodist Episcopal Church in New York city — Amend- 
 ment of 1844 — Supplementary Acts of 1875 — Trustees Hold until 
 their Successors are Chosen — When Removed — Must Administer 
 subject to Denominational Usage — Two Societies may Unite — Prot- 
 estant Episcopal Church — Baptist Chuixh— Roman Catholic Church 
 — Presiding Elder Districts — Parsonages — Camp Grounds — Presby- 
 
Contents. 9 
 
 teries may Incorporate— Dissolution of Societies — Form for Organi- 
 zation Page 155 
 
 CHAPTER XXVI.— NORTH CAROLINA. 
 
 Donations — Vacant Lands — Societies may appoint Trustees — 
 
 How Removed— Penalties for Obstructing the Way to Places of 
 
 Worship — Exhibitions — Sale of Liquor — Quakers may wear Hats 
 
 in Court 204 
 
 CHAPTER XXVIL— OHIO. 
 
 What Societies may Incorporate — Certificates to be Recorded — 
 Repeal of Acts of 1858 and i860 — Sale of Real Estate — Disturbance 
 of Religious Meetings — Property of Disturbers Forfeited 208 
 
 CHAPTER XXVIIL— OREGON. 
 Societies may Incorporate — Articles, where Filed — Powers of the 
 Coi-poration — Protestant Episcopal Church — Bishop, Elder, etc. — 
 Religious and Charitable Societies — Crimes against Public Pol- 
 icy 215 
 
 CHAPTER XXIX.— PENNSYLVANIA. 
 
 Corporations : (i.) By the Supreme Court ; (2.) By the Courts of 
 Common Pleas ; (3.) Courts may Amend Charters ; (4.) Dissolution 
 of Corporations — Disturbance of Camp Meetings — Other Religious 
 Gatherings 221 
 
 CHAPTER XXX.— SOUTH CAROLINA. 
 Protestant Episcopal Church — Methodist Episcopal Church — 
 African Methodist Episcopal Church — Any Society may Incorporate 
 — Disturbing Religious Meeting 238 
 
 CHAPTER XXXI.— TENNESSEE. 
 
 Religious Society — How to Take and Hold Land — Title Vested in 
 Trustees — Obstructing way to Places of Worship — Disturbance — 
 Selling Liquors 243 
 
 CHAPTER XXXII.— TEXAS. 
 Who may Incorporate — Meetings — How Called — ^Vacancies — Tax- 
 ation Laws of 1874 — Criminal Code 244 
 
lO Contents. 
 
 CHAPTER XXXIIL— VERMONT. 
 . Associations Authorized — May Adopt Corporate Name and By- 
 Laws — Powers — Stewards may hold Land in Trust — Disturbance 
 of Camp-meeting, etc Page 249 
 
 CHAPTER XXXIV.— VIRGINIA AND WEST VIRGINIA. 
 Conveyances to be Legalized — Trustees appointed by Circuit 
 Court — Limit to Land Held — Real Estate may be Sold 257 
 
 CHAPTER XXXV.— WISCONSIN. 
 
 Trustees, how Elected — Notification of Elections — Who Preside 
 
 at Elections — Powers of Trustees — Classification — Qualification 
 
 of Voters — Proceedings for Sale of Real Estate — Churches may be 
 
 Re-incorporated if Dissolved — Offenses 260 
 
LAWS 
 
 RELATING TO RELIGIOUS CORPORATIONS. 
 
 Chapter I. — Alabama. 
 
 Eevised Code of 1867.— Title 14, Chapter 2. 
 
 Church or Religious Society may Incorporate by electing Trust- 
 ees — Must file Certificate — May hold Real and Personal Estate — 
 Laws relating to Disturbance of Religious Meetings. 
 
 Sec. I. The members of any church or religious 
 society wishing to become incorporated must elect 
 trustees, not less than three nor more than nine. 
 
 Sec. 2. Such trustees, within thirty days after 
 their election, must file, in the office of judge of 
 probate of the county, a certificate stating the cor- 
 porate name selected, the names of the trustees, 
 the length of time for which they were elected ; 
 which must be subscribed by them, and recorded in 
 the office of such judge of probate. 
 
 Sec. 3- The members of such church or society, 
 their associates and successors, are, from the filing 
 of such certificate, incorporated by the name speci- 
 fied therein. 
 
 Sec. 4- The judge of probate is entitled to a fee of 
 two dollars for filing and recording such certificate. 
 
 Sec. 5. All certificates filed under the provisions 
 of this chapter must be recorded in the office of the 
 judge of probate, and a copy thereof duly certified 
 
12 Laws Relating to Religious Corporations. 
 
 by such judge, stating the time when the same was 
 filed, is evidence of the existence of such corpora- 
 tion from that time. 
 
 Sec. 6. Corporations created under this chapter 
 may hold real and personal property not exceeding 
 in value fifty thousand dollars ; may receive prop- 
 erty by gift, will, or devise, holding the same in 
 conformity with all lawful conditions imposed by 
 the donor, and exercise such other powers as are 
 incident to private corporations. 
 
 DISTURBING RELIGIOUS WORSHIP. 
 Part Fourth.— Title 1, Chapter 5. 
 
 Any person who willfully interrupts or disturbs 
 any assemblage of people met for religious worship, 
 by noise, profane discourse, rude or indecent be- 
 havior, or any other act, at or near the place of 
 worship, must, on conviction, be fined not less than 
 twenty nor more than two hundred dollars, and 
 may also be imprisoned in the county jail, or sen- 
 tenced to hard labor for the county, for not more 
 than six months. 
 
 Chapter II.— California. 
 
 Hitters General Lawa. — Corporations, Chapter 8. 
 
 How Societies may Incorporate — Certificates — Powers of Trustees 
 — Church Functionaries may act as Trustees — Disturbance of Camp 
 and other Religious Meetings. 
 
 Sec. 175. It shall be lawful for all churches, con- 
 gregations, and religious societies, by such rules or 
 methods as their rules, regulations, or discipline 
 may direct, to appoint or elect any number, not less 
 
California. 1 3 
 
 than three nor more than fifteen, as trustees or di- 
 rectors, to take charge of the estate and property 
 belonging thereto, and to transact all affairs relative 
 to the temporalities thereof. 
 
 Sec. 176. Upon the appointment or election of 
 such trustees or directors, a certificate of such ap- 
 pointment or election shall be executed by the per- 
 son or persons making the appointment, or the 
 judges holding the election, stating the names of 
 the trustees or directors. The name by which said 
 corporation shall thereafter forever be called and 
 known shall be particularly mentioned and speci- 
 fied in the certificate made at the first election or 
 appointment of trustees or directors. 
 
 Sec. 177. Such certificate shall be acknowledged 
 by the persons making the same, or proved by a 
 subscribing witness thereto, before some officer au- 
 thorized to take the acknowledgment of deeds, and 
 recorded, together with the certificate of such ac- 
 knowledgment or proof, by the clerk of the county 
 within which such church, congregation, or religious 
 society shall be situated. 
 
 Sec. 184. Whenever the rules, regulations, and 
 discipline of any religious denomination, society, or 
 church require for the administration of the tem- 
 poralities thereof, and the management of the estate 
 and property thereof, it shall be lawful for the 
 bishop, chief priest, or presiding elder of such relig- 
 ious denomination, society, or church to become 
 a sole corporation, in the manner prescribed in this 
 chapter, as nearly as may be, and with all the pow- 
 ers and duties, and for the uses and purposes in this 
 
14 Laws Relating to Religious Corporations, 
 
 chapter provided for religious incorporations, and 
 subject to all the conditions, limitations, and pro- 
 visions in this chapter prescribed. Provided, that 
 for proof of the appointment or election of such 
 bishop, chief priest, or presiding elder, it shall be 
 sufficient to record, with the county clerk of the 
 county in which such bishop, chief priest, or pre- 
 siding elder resides, the original or a copy of his 
 commission or certificate, or letters of election or 
 appointment duly attested ; and that all property 
 held by such bishop, chief priest, or presiding elder 
 shall be in trust for the use, purpose, and behalf of 
 his religious denomination, society, or church ; and 
 the limitations (that the income of such property 
 shall not exceed the sum of $2o,ooo) shall not apply 
 to such sole corporation ; and provided, also, that 
 the district judge of the district in which any relig- 
 ious corporation is formed, must at all times have 
 access to the books of the corporation. 
 
 DISTURBING RELIGIOUS WORSHIP. 
 
 Sec. 117. Every person who shall willfully dis- 
 quiet or disturb any congregation, or assembly of 
 people met for religious worship, by making a noise, 
 or by rude or indecent behavior, or profane dis- 
 course within their place of worship, or so near to 
 the same as to disturb the order or solemnity of the 
 meeting, or menace, threaten, or assault any person 
 there being, shall be deemed guilty of a misde- 
 meanor, and punished by fine not exceeding five 
 hundred dollars, or by imprisonment in the county 
 jaiJ not exceeding three months. 
 
California, 15 
 
 Sec. 118. Every person who shall erect or keep 
 a booth, tent, stall, or other contrivance, for the 
 purpose of selling or otherwise disposing of any 
 wine, spirituous or intoxicating liquors, or any drink 
 of which wines, spirituous or intoxicating liquors 
 form a part, or for selling or otherwise disposing 
 of any other article or articles of merchandise, 
 trade, or profit, or who shall peddle, or hawk about, 
 or sell any such drink, article, or articles, within one 
 mile of any camp or field meeting for religious wor- 
 ship, during the time of holding such meeting, shall 
 be deemed guilty of a misdemeanor, and be pun- 
 ished by a fine of not less than five nor more than 
 five hundred dollars ; provided that nothing in this 
 act contained shall in anywise affect the right of 
 any person or persons carrying on a regular busi- 
 ness in the sale of liquors, or other article of mer- 
 chandise, trade, or profit, wholesale or retail, in any 
 store, or otherwise, already established, previous to 
 the appointment of such religious meeting, as de- 
 scribed in this act. 
 
 Chapter I I I. — C o 1 o r a d o. 
 
 Kevised Statutes of 1868.— Chapter 15. 
 How Organized — Powers of Trustees — Taxation. 
 
 Sec. I. Whenever three or more citizens of this 
 territory belonging to any religious society shall 
 desire that said society may enjoy the secular pow- 
 ers of bodies corporate, and shall subscribe and 
 
1 6 Laws Relating to Religious Corporations, 
 
 acknowledge, before any officer authorized to take 
 acknowledgments of deeds, and cause to be record- 
 ed, in the recorder's office of the county in which 
 such society is located, a united declaration of the 
 names of such society and the names of its trustees; 
 the said society shall thereupon become vested with 
 the powers and succession of bodies corporate, to 
 acquire and hold real and personal property not 
 exceeding fifty thousand dollars in value, for the 
 purposes of such religious society ; to convey and 
 transfer the same for such purposes; and to sue and 
 be sued in the declared name of such society in all 
 the courts of this territory. 
 
 Sec. 2. The trustees of any religious society, or 
 a majority of them, which has complied with the 
 foregoing section, shall have authority to exercise 
 the powers hereby conferred upon such society, ac- 
 cording to the ordinances, discipline, and usages 
 of such society, in respect to its temporal affairs. 
 
 Sec. 3. All real and personal property held by any 
 religious society exclusively for its purpose, which 
 has complied with the provisions of this chapter, shall 
 be exempt from ordinary taxation to an amount not 
 over ten thousand dollars. 
 
Connecticut* \J 
 
 Chapter I V.— C o n n e c t i c u t. 
 
 Eevised Statutes of 1875. — General Provisions. 
 
 General Rights of Societies — How Formed — Membership — How 
 Acquired and Terminated — Election of Members — Annual Meet- 
 ings — Special Meetings — Officers — Vacancies — Powers of Societies 
 — Location of Churches — Taxes — How Laid and Collected — Right 
 of Voting — Pews Assessed and Sold — Offenses. 
 
 Sec. I. Christians of every denomination, and 
 Jews, may unite to form religious societies ; and 
 societies incorporated or formed by voluntary asso- 
 ciation for public religious worship shall hold and 
 manage all property belonging to them appropri- 
 ated to the use and support of public worship, and 
 may receive any grants or donations, and by volun- 
 tary agreement establish funds for the same object. 
 
 Sec. 2. When any person, not a member of any 
 other religious society, shall desire to join any 
 religious society, he may sign and lodge with its 
 clerk, or if there be no clerk, with any other officer 
 thereof, a written declaration of his desire to be- 
 come a member of it, which declaration shall be 
 read at its next meeting, and thereupon such person 
 shall become a member thereof, unless a majority 
 shall at such meeting manifest their dissent thereto. 
 
 Sec. 3. Any person may terminate his member- 
 ship of any religious society by giving notice in 
 writing of his intention to do so to its clerk, or if 
 there be no clerk, to any other officer thereof. And 
 every religious society may, by a two-thirds vote of 
 the members present, at any annual meeting, termi- 
 nate the membership of any member who shall have 
 
1 8 Laius Relating to Religious Corporations. 
 
 become a member of another religious society, or 
 who shall have for one year ceased to attend the 
 stated public religious services of said sooiety, and 
 shall have been notified of the proposed action 
 either personally, or by letter addressed to him at 
 his last-known place of residence by the clerk or 
 either of the committee of such society, and depos- 
 ited in the post-office, postage paid, not less than 
 fifteen days before the time of holding such meet- 
 ing. And the clerk of every religious society shall 
 prepare and keep with its records a list of its mem- 
 bers, and report to each annual meeting the names 
 of those persons whose membership shall have 
 terminated as. above provided. 
 
 Sec. 4. All persons who have heretofore been 
 elected members of any religious society in this 
 State by a major vote, or in accordance with any 
 established custom of election in such society, and 
 whose membership has not heretofore terminated, 
 shall be entitled to all the privileges, and liable to 
 all the duties, appertaining to members who have 
 been elected according to law. 
 
 Sec. 5. The members of the several religious 
 societies may annually meet at the usual place of 
 holding meetings, or at such place as they shall 
 establish, upon warning and notice given, at least 
 five days before such meeting, by the committee 
 of the society or congregation, or if there be no 
 committee, by the clerk, and if there be no clerk, 
 by a warrant from the justice of the peace, upon 
 application of five or more members of the society. 
 
 Sec. 6. A special meeting of any religious society 
 
Connecticut. 19 
 
 may at any time be warned by the committee of 
 such society, and shall be warned by such commit- 
 tee, or if there be no committee, by the clerk, at 
 any time, when application in writing for that pur- 
 pose is made to such committee or clerk by ten 
 members of such society, or by five when all the 
 members do not exceed twenty-five. 
 
 Sec. 7. The warning of every meeting of a relig- 
 ious society shall, in the absence of any by-law to 
 the contrary, be given by posting the same on a 
 sign-post in the town nearest where they usually 
 meet for public worship, five days at least before 
 said meeting ; or by advertising the same for at 
 least five days before said meeting in a daily news- 
 paper published in said town ; or in the manner 
 which shall have been the custom of said society 
 during the ten years next preceding. 
 
 Sec. 8. Such societies shall, at their annual meet- 
 ings, appoint a clerk, who shall be sworn and make 
 entries of all the votes of the society ; three or more 
 of their members to be a committee to order the 
 affairs of the society for the year ensuing, who shall 
 adjust and settle all the claims on the society, and 
 draw orders on the treasurer for the payment of the 
 same ; a treasurer who shall receive all the money 
 belonging to the society, and pay over the same to 
 the order of the society, or its committee, and ren- 
 der his account therefor when required ; and two or 
 more tithingmen, who shall be sworn. 
 
 Sec. 9. Vacancies occurring in any of said offices 
 during the course of the year may be filled at any 
 special meeting. 
 
20 Latus Relating to Religious Corporations, 
 
 Sec. 10. Religious societies may meet when nec- 
 essary, and adjourn from time to time ; settle min- 
 isters according to the usage of their denomination ; 
 repair their houses of worship ; make regulations 
 for the support of religious worship; establish the 
 times and places of holding their meetings, and the 
 mode oi warning them ; and appoint committees or 
 agents to carry into effect their votes. 
 
 Sec. II. Any society may, by a two-thirds vote 
 of the members present, agree to build a house of 
 worship, and establish the place where it shall be 
 erected; or may apply to the Superior Court in the 
 county where such society is situated, to establish 
 the place , and such court may establish the place ; 
 and it shall not then be lawful to erect it in any 
 other place. 
 
 Sec. 12. Every society may lay a tax on its mem- 
 bers to build and repair houses of worship ; to pro- 
 vide for the annual support of the ministry ; and to 
 defray any other expense necessarily incurred in 
 the proper business of such society; which tax may 
 be laid on the assessment-list last before, or next 
 thereafter to be, completed by the assessors and 
 board of relief, and shall be payable within one year 
 after the same is granted. 
 
 Sec. 13. The members of each society, at the age 
 of twenty-one years, may vote in its meetings ; and 
 if any other person shall intermeddle or vote in any 
 meeting thereof, he shall forfeit three dollars for 
 every such offense, half to him who shall sue there- 
 for, and half to the society. 
 
 Sec. 14. Every religious society may provide for 
 
Connecticut, 21 
 
 the support of public worship, in whole or in part, 
 by an assessment on the pews of its church, to be 
 made by the society's committee, or such other 
 persons as the society may appoint, the payment 
 of which may be enforced by the sale of the use of 
 any such pew for such time as may be necessary, on 
 giving twenty-one days' notice in a newspaper pub- 
 lished in the town where said church is situated, or 
 if no paper is published in said town, by posting a 
 notice on the door of said church ; a copy of which 
 notice shall also be left with the owner of said pew, 
 or at his usual place of abode, if within this State, 
 at least twenty-one days before such sale ; but no 
 other estate shall be liable to be taken for the pay- 
 ment of such assessment. No such assessment shall 
 be made upon any such not occupied by its owner, 
 or by some person claiming under him, at the stated 
 public religious services in said house ; and no such 
 sale shall be made, unless the owner of such pew 
 shall refuse to sell it to the society at the price 
 which such society originally received therefor. 
 
 Sec. 15. If the owner or occupant of any pew 
 shall neglect or refuse to pay his equitable propor- 
 tion of the expenses of maintaining public worship, 
 the society may recover the same from him in any 
 proper action. 
 
 Sec. 16. When a majority of the pew owners, in 
 any house of public worship, shall desire to sell and 
 transfer to the religious society connected therewith 
 their respective pews, for the purpose of supporting 
 public worship in such house, and any other pew- 
 holders refuse to sell their respective pews to such 
 
22 Laws Relating to Religious Corporations, 
 
 society, or cannot agree with such society 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 to sell, or failing to agree 
 upon a price to be paid as aforesaid ; and if said 
 court shall find that it will be for the convenience 
 and necessity of such society to own such pews for 
 said purpose, the court shall proceed to ascertain 
 the value thereof, and may make such order relative 
 thereto, and to the cost of such proceeding, as shall 
 be deemed just ; and when 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 said pews 
 shall be then vested in said society. 
 
 Sec. 17. When any society is constituted out of 
 two or more adjoining towns, so that part of the 
 society in any such town has distinct interests in 
 any grants, donations, or sequestrations for the 
 support of the ministry, such part of the society 
 shall have the same power and authority to manage 
 said interests which are herein given to societies, 
 and may in the same manner warn meetings of 
 such part of a society, and appoint a clerk, who 
 shall be sworn, and a committee to take care of said 
 interests. 
 
 Sec. 18. No grant, sale, or lease of any pews, in 
 any house of worship, for more than one year, shall 
 be good, as against any person but the grantor, 
 lessor, and his heirs, unless made, executed, and 
 acknowledged as deeds of land, and recorded at 
 
Connecticut, 23 
 
 length by the clerk of such county in a book to be 
 kept for that purpose, who shall record the same, 
 and receive the same compensation therefor as town 
 clerks for recording deeds. 
 
 SOCIETIES OF PARTICULAR DENOMINATIONS. 
 
 Sec. I. The wardens and vestrymen of societies 
 connected with the Protestant Episcopal Church 
 shall be a society's committee, with all the powers 
 granted to committees of religious societies. 
 
 Sec. 2. All conveyances of property that have 
 been or shall be made to the trustees of any Meth- 
 odist Episcopal Church, or Union American Church, 
 and to their successors in office, according to the 
 usages, rules, and discipline of said Churches, shall 
 be effectual in law to convey such property to said 
 trustees respectively, and their successors in office, 
 for the uses and purposes in such conveyance ex- 
 pressed. 
 
 Sec. 3. The trustees of any Methodist Episcopal 
 Church, or Union American Church, shall be elected 
 by ballot, by the male members of the Church of 
 legal age, on the first Monday of September of each 
 year, at the usual place of worship of said church, 
 of which public notice shall be given from the pul- 
 pit 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 worship, at 
 least fifteen days next preceding the time of elec- 
 tion. The polls of such election shall remain open 
 at least one hour after the time designated in the 
 notice thereof; and in case of failure to elect on the 
 
24 Laws Relating to Religious Corporations, 
 
 day named in this section, the election may be held 
 on any subsequent day of the same month by giv- 
 ing legal notice thereof; and if a vacancy should 
 occur, it may be filled at any special meeting called 
 for that purpose by giving the notice provided in 
 this section. And at each election there shall be 
 appointed, by the electors present, a chairman and 
 clerk, who shall act jointly as inspectors of election, 
 receive and count the votes for such trustees, and 
 certify under oath who have received the majority 
 of votes, which certificate shall be deposited with, 
 and kept on file by, the town clerk. 
 
 Sec. 4. The number of trustees shall in no case 
 be more than nine, nor less than three, which shall 
 be decided by a majority of the electors at the 
 first election, and before the votes for trustees are 
 cast, and shall remain the same, unless changed by 
 two-thirds present and voting at any subsequent 
 election. 
 
 Sec. 5. At the first election the inspectors shall 
 determine by lot, and as nearly as practicable in 
 equal numbers, who of those elected shall serve for 
 one, two, or three years ; and at each election there- 
 after the electors shall elect trustees for three years, 
 to fill the vacancy of those whose term of office has 
 expired. 
 
 Sec. 6. At their first meeting after each election 
 the trustees shall from their number elect a presi- 
 dent, a treasurer, and a clerk, and shall meet there- 
 after at such times as they may designate, make 
 by-laws and keep records of their action, signed by 
 the clerk, and shall be a corporation in trust to 
 
Connecticut, 25 
 
 receive, hold, sell, and convey any property for the 
 benefit of their church, according to the discipline 
 and usages of the religious denomination to which 
 it belongs. 
 
 Sec. 7. When the members of any Methodist 
 Episcopal Church shall fail to elect trustees, as 
 above provided, the Quarterly Conference of said 
 Church may fill the vacancy, as may be prescribed 
 in the Discipline of said Church. 
 
 Sec. 8. All conveyances of property that have 
 been, or shall be, made by or to the trustees of the 
 community in Enfield called Shakers, for the time 
 being, duly executed by them in the manner pre- 
 scribed by law, shall be good and effectual to con- 
 vey the property therein described to the purchaser 
 thereof; and all suits brought by said community 
 may be brought and maintained in the names of the 
 trustees of said community for the time being ; and 
 any demand against said community may be in like 
 manner enforced by suit against said trustees for 
 the time being ; and in case any or all of said trust- 
 ees should die, or be removed from office, during 
 the pendency of any such suit, it shall not for that 
 cause abate ; but such death or removal being sug- 
 gested upon the record, it may be prosecuted to final 
 judgment by or against their successors in office. 
 
 Sec. 9. Said community are hereby required to 
 file, in the office of the town clerk of Enfield, the 
 names of their trustees, and the date of their ap- 
 pointment; and a return of any change in the office 
 of trustees shall be filed in the same manner. 
 
 Sec. 10. A corporation may be organized in con- 
 
26 Laws Relating to Religious Corporations, 
 
 nection with any Roman Catholic Church or con- 
 gregation in this State, by fihng in the office of the 
 secretary a certificate signed by the bishop and the 
 vicar-creneral of the Diocese of Hartford, and the 
 pastor and two laymen belonging to said congrega- 
 tion, stating that they have so organized for the 
 purposes hereinafter mentioned ; and such bishop, 
 vicar-general and pastor of such congregation shall 
 be members ex officio of such corporation, and upon 
 their death, resignation, removal, or preferment, 
 their successors in office shall become such mem- 
 bers in their stead. The two lay members shall be 
 appointed annually by the committee of the con- 
 gregation ; and three members of this corporation, 
 of which one shall be a layman, shall constitute a 
 quorum for the transaction of business. 
 
 Sec. II. Such corporation may receive and hold 
 all property conveyed to it for the purpose of main- 
 taining religious worship, according to the doctrine, 
 discipline, and ritual of the Roman Catholic Church, 
 and for the support of the educational or charitable 
 institutions of that Church ; provided, that no one 
 incorporated congregation shall at any time possess 
 an amount of property, excepting church buildings, 
 parsonages, school-houses, asylums, and cemeteries, 
 the annual income from which shall exceed three 
 thousand dollars. 
 
 Sec. 12. Such corporation shall at all times be 
 subject to the general laws and discipline of the 
 Roman Catholic Church, and shall receive and enjoy 
 its franchises as a body politic solely for the pur- 
 poses mentioned in the preceding section ; and 
 
Connecticut. 27 
 
 upon the violation or surrender of its charter, its 
 property, real and personal, shall vest in the bishop 
 of the diocese and his successors, in trust for such 
 congregation and for the uses and purposes above 
 named. 
 
 OFFENSES AGAINST DECENCY. 
 
 Sec. 13. Any person not authorized by the com- 
 mittee of a public assembly, convened for religious 
 worship in the field, who shall, within two miles of 
 such assembly, sell, or expose for sale, from any 
 wagon or temporary stand, any article of provisions, 
 shall be fined seven dollars. 
 
 Chapter V. — D e 1 a -w^ a r e. 
 
 Eevised Statutes of 1852— Chapter 89. 
 
 Mode of Incorporation — Trustees — How Elected — Powers — Vacan- 
 cies, how Filled — Records — Protestant Episcopal Church — Deeds, 
 etc., must be Executed One Year before Decease. 
 
 Sec. I. Any religious society, or congregation of 
 Christians, consisting of fifteen or more persons, 
 may become incorporated by the election of trust- 
 ees, not less than three nor more than twelve, the 
 taking a name and certifying the same, under the 
 hands and seals of said trustees, to the recorder 
 of deeds. 
 
 Sec. 2. Such trustees shall be elected at a pub- 
 lic meeting of the society or congregation, held 
 at their usual place of worship, on ten days' no- 
 tice, by advertisement on the front door of such 
 
28 Laws Relating to Religious Corporations, 
 
 place, and by a plurality of voters of the members 
 present. 
 
 Sec. 3. The trustees so elected, and their suc- 
 cessors, shall be a corporation, by the name so 
 adopted and certified ; shall have perpetual succes- 
 sion, with all the incidents and franchises of a cor- 
 poration aggregate, and with power to purchase, 
 receive, hold and enjoy property, real and personal, 
 for the use of said society or congregation, their 
 ministers or members, or for schools, almshouses, 
 or burying-grounds. The acts of a majority of the 
 trustees shall be valid. 
 
 Sec. 4. All the estate, right and title which any 
 such society or congregation may have in any prop- 
 erty, real or personal, in themselves, or by trustee, 
 or for their use, before incorporation, shall, upon 
 incorporation, become vested in the trustees, who 
 may grant, demise, or dispose thereof. 
 
 Sec. 5. Other trustees maybe elected, and vacan- 
 cies filled by election, as prescribed in section two, 
 and the election of a successor shall remove him 
 from office. 
 
 Sec. 6. The trustees shall choose one of their 
 number chairman. He shall have custody of the 
 seal, and all books and papers of the corporation ; 
 he shall make fair entries in the books of all the 
 proceedings of the trustees, and every member 
 of the society or congregation shall have access 
 thereto. 
 
 Sec. 7. The registry kept in any such books, of 
 marriages, births, deaths, or burials, shall be evi- 
 dence in all courts ; and the copy of any entry, 
 
Delaware. 29 
 
 certified under the corporate seal and hand of the 
 chairman, shall be evidence. 
 
 Sec. 8. The trustees may also choose one of the 
 number treasurer, and may require him to give 
 security. He shall receive and account for all the 
 money of the corporation. If no treasurer be 
 chosen, the chairman shall receive and account for 
 such money. 
 
 Sec. 9. The rector, wardens, and vestrymen of 
 any Protestant Episcopal Church, on certifying their 
 name or style, as provided in section one, shall be a 
 corporation, with the franchises, rights, and powers 
 herein vested in trustees of other religious societies. 
 
 Sec. 10. But all gifts or grants to any such cor- 
 poration of any real estate, or of money securities, 
 or other thing of value, to be laid out in real estate, 
 shall be by deed duly executed, delivered, acknowl- 
 edged and recorded, at least one year before the 
 death of the donor or grantor, to take effect pres- 
 ently for the use of the corporation ; and without 
 any power of revocation, trust, condition, or limita- 
 tion whatever, or the same shall 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. 
 
 Sec. II. The yearly rents and profits of the 
 whole real estate held or enjoyed by or for such 
 corporation, shall not exceed three hundred dol- 
 lars ; and the yearly interest or income of all its 
 personal property shall not exceed six hundred 
 dollars. 
 
 Sec. 12. All real estate bona fide given or granted 
 4 
 
30 Laivs Relating to Religious Corporations, 
 
 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 day of 
 October, 1744, shall be for the use of the same, ac- 
 cording to the intent of the donor or grantor, and 
 the form and effect of the will, deed, or convey- 
 ance ; provided the said society or congregation 
 shall have been for twenty years hitherto in the 
 adverse and quiet possession of the same. 
 
 Eevised Statutes of 1852.— Chapter 131. 
 DISTURBING RELIGIOUS WORSHIP. 
 
 If any person shall willfully interrupt, disturb, or 
 molest any church, meeting, congregation, or soci- 
 ety assembled for the purpose of religious worship, 
 he shall be deemed guilty of a misdemeanor, and 
 shall be fined not less than eight nor more than 
 sixty dollars. 
 
 Chapter VI. — District of Columbia. 
 
 Chapter 80, U. S. Laws of 1870.— Section 2. 
 
 Religious Societies may receive and hold One Acre of Land — 
 Trustees to hold Title — Certificate — Powers of Trustees — Convey- 
 ances — Vacancies — Removal of Trustees — Property reverts on Disso- 
 lution — Trustees hold until Successors are Elected — Private Schools. 
 
 That it shall be lawful for the members of any 
 society or congregation heretofore formed in this 
 District for the purposes of religious worship, and 
 for members of any society or congregation which 
 may hereafter be formed for the purpose aforesaid, 
 to receive by gift, devise, or purchase, a quantity 
 
District of Columbia. 3 1 
 
 of land not exceeding one acre, and to erect or 
 build thereon such houses and buildings as they 
 may deem necessary for the purposes aforesaid, and 
 to make such other use of the land, and make such 
 other improvements thereon as may be deemed 
 necessary for the comfort and convenience of such 
 society or congregation ; and such society or con- 
 gregation may assume a name, and elect or appoint 
 any number of trustees, not exceeding ten, who 
 shall be styled trustees of such society or congre- 
 gation by the name assumed ; and the title to the 
 land purchased, and improvements made, shall be 
 vested in the trustees by the name and style assumed 
 as aforesaid. 
 
 Immediately after the election or appointment 
 of trustees by any society or congregation as afore- 
 said, the persons elected or appointed shall make a 
 certificate under their hands and seals, stating the 
 date of their election or appointment, the name 
 of the society or congregation, and length of time 
 for which they were elected or appointed, which 
 shall be verified by the affidavit of some one of the 
 persons making the same, and shall be filed and 
 recorded in the office of the register of deeds in 
 said District, and the said trustees shall hold their 
 office for and during the period stated in the cer- 
 tificate aforesaid. At the expiration of their term 
 of service, and forever thereafter at the expiration 
 of the term of service of any trustee elected or ap- 
 pointed as aforesaid, the said society or congrega- 
 tion shall elect or appoint successors, who shall in 
 like manner continue in office for such period as 
 
32 Laws Relating to Religious Corporations, 
 
 may be limited by the society or congregation ; and 
 a certificate of their appointment or election shall 
 be made by the trustees, whose term of service shall 
 have expired, which shall be verified by affidavit, 
 and filed and recorded, as provided in the election 
 of officers in the first instance. 
 
 The trustees, elected or appointed under the 
 provisions of this division, and their successors, 
 shall have perpetual succession and existence ; and 
 the title to land herein authorized to be purchased, 
 and to the building and improvements thereon, 
 shall be vested in the said trustees by their as- 
 sumed name, and their successors forever ; and the 
 same shall be held for the uses and purposes herein 
 named, and no other; and such trustees shall be 
 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 
 whatsoever, in and by the name and style assumed 
 as aforesaid ; and shall have power, under the di- 
 rection of the society or congregation, to sell and 
 execute deeds and conveyances of, and concerning 
 the estate and property herein authorized to be 
 held by said society or congregation ; and such 
 deeds or conveyances shall have the same effect as 
 like deeds or conveyances by natural persons : pro- 
 vided^ that no deed or conveyance shall be made 
 of any estate held as aforesaid, so as to defeat or 
 destroy the interest or effect of any grant, do- 
 nation, or bequest which may be made to any 
 such society or congregation ; but all grants, dona- 
 tions, and bequests shall be appropriated and used. 
 
District of Columbia. 33 
 
 as directed by the person or persons making the 
 same. 
 
 Every society or congregation formed as afore- 
 said, shall have power to provide for filling vacan- 
 cies 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 Constitution of the United States and laws in 
 force in the District of Columbia. 
 
 Upon the dissolution of any society or congrega- 
 tion formed under the provisions of this division, 
 the estate and property of such society or congre- 
 gation shall revert back to the persons, their heirs 
 and assigns, who may have contributed to the pur- 
 chase of, or payment for, the same, according to 
 their respective rights. A failure to elect or appoint 
 trustees at any time when, by the provisions of this 
 division, such election or appointment should be 
 had, shall not work a dissolution of the society or 
 congregation ; but the trustees last elected or ap- 
 pointed shall be considered as in office until another 
 election or appointment shall take place. 
 
 The trustees now in office, or those who may 
 hereafter be appointed or elected under the pro- 
 visions of this division, shall have power, under the 
 direction of the society or congregation by whom 
 they were elected or appointed, to execute mort- 
 gages, or deeds of trust in the nature of mortgages, 
 of and concerning the estate and property, which 
 any society or congregation are authorized by this 
 
34 Laws Relating to Religious Corporations. 
 
 division to hold, or to lease the same, for a term 
 not exceeding ten years. And such mortgages, 
 deeds, and conveyances shall have the same effect, 
 and be enforced by the same remedies and proceed- 
 ings as like mortgages, deeds, leases, and convey- 
 ances made by natural persons, any thing in this 
 division to the contrary notwithstanding. 
 
 The provisions of this division are intended to 
 extend to members of societies, heretofore or here- 
 after to be formed, for the purpose of establishing and 
 maintaining private schools for religious purposes. 
 
 This act shall not be so construed as conferring 
 privileges, or any benefits to such societies under 
 the school laws of this district. 
 
 Chapter V I I . — F 1 o r i da. 
 
 Thompson's Digest, Title 8.— Chapter 11. 
 
 How to Incorporate — Powers — Property of Religious Societies — 
 Disturbing Worship. 
 
 Sec. I. The members of any society or congre- 
 gation formed 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 im- 
 provements thereon as may be deemed necessary 
 for the comfort and convenience of such society or 
 congregation ; and such society or congregation 
 may assume a name, and elect or appoint any num- 
 ber of trustees, not exceeding ten, who shall be 
 
. Florida. 35 
 
 styled trustees of such society or congregation, or 
 wardens, or vestrymen of such society or congrega- 
 tion by the name assumed, and the title to the land 
 purchased and improvements made is vested in the 
 trustees by the name and style aforesaid. 
 
 Sec. 2. Immediately after the election or appoint- 
 ment of trustees by any such society or congrega- 
 tion, 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 
 their 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 per- 
 sons 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 expiration of their 
 term of service, and forever thereafter at the expi- 
 ration of the term of service, of any trustee elected 
 or appointed as aforesaid, the said society or con- 
 gregation 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 serv- 
 ice shall have expired ; which must also be verified 
 by affidavit, and recorded as provided in the elec- 
 tion or appointment of trustees in the first instance. 
 
 Sec. 3. The trustees elected or appointed as 
 aforesaid, and their successors, will have perpetual 
 
36 Laivs Relating to Religions Corporations. 
 
 succession and existence, and be to all intents and 
 purposes a body corporate. The title to land au- 
 thorized to be purchased as aforesaid, and to the 
 buildings and improvements thereon, becomes vest- 
 ed 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 implead- 
 ed, answer and be answered unto, defend and be 
 defended in all courts of law or equity whatsoever, 
 in and by the name and style 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 and conveyances will have the same 
 effect as like deeds and conveyances made by nat- 
 ural persons. No deed or conveyance, however, 
 can be made of any estate 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, dona- 
 tions, and bequests to such society or congregation 
 must be appropriated and used as directed by the 
 person or persons making the same. 
 
 Sec. 4. 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, vestrymen, or office of like nature; 
 and also to remove such persons from office, and 
 to adopt such rules and regulations in relation to 
 
Florida. 37 
 
 the duties of trustees, and the management 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. 
 
 Sec. 5. Upon the dissolution of any society or 
 congregation formed under the provisions of this 
 chapter, the estate and property of such society or 
 congregation will revert back to the persons, their 
 heirs and assigns, who may have given or contrib- 
 uted 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 speci- 
 fied, such election or appointment should be made, 
 will not work a dissolution of the society or congre- 
 gation; but the trustees, wardens, or vestrymen last 
 elected or appointed will be considered as in office 
 until another election or appointment shall take 
 place. 
 
 Bush's Digest of 1ST2.— Chapter 48. 
 OFFENSES. 
 
 Sec. 19. Whoever willfully interrupts or disturbs 
 any assembly of people met for the worship of God, 
 shall be punished by imprisonment in the county 
 jail not exceeding thirty days, or by fine not ex- 
 ceeding fifty dollars. 
 
 Sec. 20. Whoever, during the time of holding 
 any camp or field meeting for religious purposes, 
 and within one mile of the place of holding such 
 meeting, hawks or peddles goods, wares, merchan- 
 dise, or, without permission from the authorities 
 having charge of such meeting, establishes any tent 
 
38 Laws Relating to Religious Corporations. 
 
 or booth for vending provisions or refreshments, or 
 practices or engages in gaming, or horse-racing, or 
 exhibits, or offers to exhibit, shows or plays, shall 
 forfeit, for each offense, a sum not exceeding twenty 
 dollars ; provided, that a person having his regular 
 and usual place of business within such limits is 
 not hereby required to suspend his business. 
 
 Chapter V I I I . — G e o r g i a. 
 
 Cobb's Digest of the Laws of Georgia, 542. 
 
 Methods — Change of Name — Conveyances — Vacancies — How 
 Filled — Form of Petition and Order — Disturbing Worship. 
 
 Sec. I. When the persons interested may desire 
 a church or camp-meeting ground incorporated, 
 they may petition, in writing, the Superior or Infe- 
 rior Court of the county in which such association 
 may have been formed, setting forth the object of 
 their association and the privilege they desire to ex- 
 ercise, 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 direct- 
 ing such petition to be entered of record on the 
 minutes of said court ; whereupon such church or 
 camp-ground becomes a body corporate. 
 
 Sec. 2. When such church or camp-ground be- 
 comes incorporated 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 answered unto, in any court of law or equity, 
 
Georgia. 39 
 
 to appoint such officers as it may deem necessary, 
 and to make such rules and regulations as such cor- 
 poration may think proper for its own government, 
 not contrary to the laws of the State ; but it can 
 make no contracts, or purchase or hold any property 
 of any kind, except such as may be absolutely neces- 
 sary to carry into effect the objects of the incor- 
 poration. 
 
 Sec. 3. No such church or camp-ground can be 
 incorporated in the manner aforesaid for a longer 
 period than fourteen 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 copy thereof; such certi- 
 fied copy is made evidence of the matters therein 
 stated in any court of law or equity in the State. 
 
 Sec. 4. 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 trust- 
 ees 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 pur- 
 poses 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, according 
 to the mode of Church government or rules of disci- 
 
40 Laws Relating to Religious Corporations. 
 
 pline exercised by such Churches or religious soci- 
 eties respectively. 
 
 Sec. 5. 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 may be governed. And every such Church or 
 religious society are authorized and empowered to 
 fill up all vacancies which may happen in the said 
 trusts by death, removal, 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 according 
 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 cer- 
 tificate being recorded in the office of the clerk of 
 the Superior Court of the county in which the land 
 lies, the person so appointed to fill such vacancy be- 
 comes as fully vested with such trust as if a party 
 to, and named in, the original deed. 
 
 Sec. 6. The lots or parcels of land on which the 
 churches of the different denominations in the State, 
 and the burying grounds attached thereto, are not 
 subject to taxation for any purpose, though the lots 
 or parcels of land claimed by such Churches must 
 not exceed five acres. 
 
Georgia, 41 
 
 Sec. 7. The form of the petition to become incor- 
 porated as a religious society may be as follows : — 
 
 '' To the Honorable the Superior Court of the County 
 
 of Richmond : — 
 
 "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 association was formed, and is located 
 in the city of Augusta, County of Richmond. That 
 the object of such association is to sustain divine 
 worship and support the gospel ministry according 
 to the rites of the Presbyterian Church in the 
 United States. That they desire to exercise the 
 privileges of a Christian Church and religious soci- 
 ety, as the same are guaranteed by the statutes of 
 the State of Georgia ; and the name and style by 
 which they desire to become incorporated is, ' First 
 Presbyterian Church of Augusta.* Your petitioners, 
 therefore, pray that said association may be incor- 
 porated for the object, with the privileges and the 
 name and style above set forth, and your petitioners 
 will ever pray," etc. 
 
 The following will answer for the form of the or- 
 der to be entered on the petition : — 
 
 In the Matter of the Petition of 
 
 The First Presbyterian Church 
 
 OF Augusta, to be incorporated. 
 
 At a term of the Supreme Court of the County 
 of Richmond, held in the County of Augusta on the 
 
 day of , 18 — . Present, Hon. William W. 
 
 Holt, judge." 
 
42 Laws Relating to Religions Corporations. 
 
 On reading the petition in this case, on motion of 
 Mr. A. B., of counsel for the petitioners, it is ordered 
 and adjudged that the prayer of the said petition- 
 ers be granted, and that the said petition be en- 
 tered of record in the minutes of the court. 
 
 DISTURBING RELIGIOUS WORSHIP. 
 
 If any person or persons, whomsoever, interrupt 
 or disturb any congregation of white persons assem- 
 bled at any church, chapel, or meeting-house, or any 
 other place for public worship, during the time of 
 divine service, it is made the duty of any justice of 
 the peace, sheriff, constable, or any civil officer of 
 the county, being present when the offense shall be 
 committed, to take the person or persons so offend- 
 ing into clistody; or on complaint, made by any 
 person on oath, to issue a warrant against him or 
 them so offending. 
 
 It is also made unlawful for any person to sell, or 
 cause to be sold, any wine, cider, beer, whisky, gin, 
 rum, or brandy, or any other intoxicating liquors, 
 within one mile of any meeting-house, or other place 
 set apart, or publicly resorted to for divine worship, 
 during the time appropriated to such worship. Any 
 free white person violating either of these provisions 
 in regard to religious worship is deemed guilty of a 
 misdemeanor, and is indicted therefor in the Supe- 
 rior Courts of the State, as in other criminal cases ; 
 and it is made the duty of justices of the peace to 
 bind such offenders to be and appear at the Supe- 
 rior Courts of the State, as in other criminal cases ; 
 
Georgia. 43 
 
 and on conviction the offender is liable to be fined 
 in a sum not exceeding fifty dollars, and not less 
 than ten dollars. — Cobb's Digest, 1854. 
 
 Chapter I X. — 1 1 1 inois. 
 
 statutes of 18T3-74— Chapter 25. 
 
 Corporations may receive and hold Lands — Certificates — Powers 
 of Trustees — Dissolution of Societies — Camp-grounds — Mortgages — 
 Trust Deeds — Roman Catholic Churches — Corporate Powers — Dis- 
 turbance of Religious Meetings. 
 
 Sec. 47. Any Church, congregation, or society, 
 formed for the purpose of religious worship, may 
 become incorporated in the manner following, to 
 wit : By electing or appointing, according to its 
 usages or customs, at any meeting held for that pur- 
 pose, two or more of its members as trustees, ward- 
 ens, and vestrymen, (or such other officers whose 
 powers and duties are similar to those of trustees, as 
 shall be agreeable to the usages and customs, rules 
 or regulations, of such congregation. Church, or 
 society,) and may adopt a corporate name, and upon 
 the fiHng of the affidavit as hereinafter provided, it 
 shall be and remain a body politic and corporate by 
 the name adopted. 
 
 Sec. 48. The chairman or secretary of such meet- 
 ing shall, as soon as may be after such meeting, 
 make and file in the office of the recorder of deeds 
 in the county in which such congregation. Church, 
 or society is organized, (which shall be recorded by 
 such recorder,) an affidavit substantially in the fol- 
 lowing form : — 
 
44 Laws Relating to Religious Corporations, 
 State of Illinois, 
 
 County of '' ^^* 
 
 I, , do solemnly swear, (or affirm, as the 
 
 case may be,) that at a meeting of the members of 
 the , (here insert the name of the Church, con- 
 gregation, or society as known before the corpora- 
 tion,) held at , (here insert the place of meet- 
 ing,) in the county of , and State of Illinois, 
 
 that on the day of , A. D. i8 — , for 
 
 that purpose, the following persons were elected (or 
 appointed) trustees, (here insert the names,) (or 
 wardens, vestrymen, or other officers, by whatever 
 name they choose to adopt, with powers and duties 
 suited to trustees,) according to the rules and usages 
 
 of such , (Church, congregation, or society ;) 
 
 and said (Church, society, or congregation) 
 
 adopted as its corporate name , (here insert 
 
 the name ;) and at said meeting this affiant acted as 
 chairman or secretary, as the case may be. 
 
 (Name.) 
 
 Subscribed and sworn before me this day of 
 
 , i8— . A. B. 
 
 Such affidavit, or a copy thereof, duly certified by 
 the recorder, shall be received as evidence of the 
 due incorporation of such Church, congregation, or 
 society. 
 
 Sec. 49. The term of office of the trustees of any 
 such corporation may be determined by the rules or 
 by-laws of the Church, congregation, or society. 
 
 Sec. 50. A failure to elect trustees at any time 
 shall not work a dissolution of such corporation, but 
 
Illinois, 45 
 
 the trustees last elected shall be considered as in 
 office until their successors are elected. 
 
 Sec. 51. All elections of trustees, after the first, 
 and elections to fill vacancies, may be called and 
 conducted upon such notice and in such manner as 
 may be provided by the rules, usages, or by-laws of 
 the congregation. Church, or society ; but the qual- 
 ification and number of the trustees shall at all times 
 be the same as required in section one. No certif- 
 icate of election, after the first, need be filed for 
 record. 
 
 Sec. 52. A trustee may be removed from office 
 by an election called and conducted in like manner 
 as elections for trustees, or his office may be declared 
 vacant for a failure to act, immoral conduct, or for 
 abandonment of the faith of the congregation, 
 Church, or society. 
 
 Sec. 53. Upon the incorporation of any congre- 
 gation, Church, or society, all the real and personal 
 property held by any person or trustees for the use 
 of the members thereof shall immediately vest in 
 such corporation, and may be subject to its control, 
 and may be used, mortgaged, sold, and conveyed 
 the same as if it had been conveyed to such corpora- 
 tion by deed ; but no conveyance or mortgage shall 
 be made so as to affect or destroy the intent or 
 effect of any grant, devise, or donation that may be 
 made to such person or trustee for the use of such 
 congregation. Church, or society. 
 
 Sec. 54. Any corporation that may be formed for 
 religious purposes under this act, or under any law 
 of this State for the incorporation of religious soci- 
 
4-6 Laws Relating to Religious Corporations. 
 
 eties, may receive by gift, devise, or purchase, land 
 not exceeding in quantity (including that already 
 held by such corporation) ten acres, and may erect 
 or build thereon such houses, buildings, or other im- 
 provements as it may deem necessary for the conven- 
 ience and comfort of such congregation, Church, or 
 society, and may lay out and maintain thereon a 
 burying-ground ; but no such property shall be used 
 except in the manner expressed in the gift, grant, or 
 devise, or if no use or trust is so expressed, except 
 for the benefit of the congregation. Church, or so- 
 ciety for which it was intended. 
 
 Sec. 55. The trustees shall have the care, cus- 
 tody, and control of the real and personal property 
 of the corporation, subject to the direction of the 
 congregation, Church, or society, and may, when di- 
 rected by the congregation. Church, or society, erect 
 houses, or buildings and improvements, and repair 
 and alter the same, and may, Avhen so directed, 
 mortgage, incumber, sell, and convey any real and 
 personal estate of such corporation, and enter into 
 all lawful contracts in the name of and in behalf 
 of such corporation ; Provided, that no mortgage, 
 incumbrance, sale or conveyance shall be made of 
 any such estate so as to defeat or destroy the effect of 
 any gift, grant, devise, or bequest which may be made 
 to such corporation ; but all such gifts, grants, de- 
 vises, and bequests shall be appropriated and used 
 as directed or intended by the person or persons 
 making the same. 
 
 Sec. 56. Any congregation, Church, or society, 
 heretofore incorporated under the provisions of any 
 
Illinois. 47 
 
 law for the incorporation of religious societies, may 
 become incorporated under the provisions of this 
 act relative to religious societies in the same manner 
 as if it had not previously been incorporated, in which 
 case the new corporation shall be entitled [to,] and 
 invested with all the real and personal estate of the 
 old corporation in like manner and to the same ex- 
 tent as the old corparation, subject to all the debts, 
 contracts, and liabilities. The word trustees, wher- 
 ever used in this act, shall be construed to include 
 wardens, vestrymen, or such other officers as per- 
 form the duties of trustees. 
 
 Sec. 57. Any congregation, Church, or society, 
 incorporated under this act, may receive by grant, 
 devise, or bequest, real estate, not exceeding forty 
 acres, for the purpose of holding camp-meetings, 
 and may put such improvements thereon as they 
 may deem for their comfort or convenience. The 
 title to such real estate shall be in such corporation 
 subject to like conditions as are provided in this act 
 in regard to other real estate held by such corpo- 
 ration. 
 
 Sec. 58. The trustees, or any other persons desig- 
 nated by such congregation, Church, or society, in- 
 corporated under this act, shall have power to pub- 
 lish, print, circulate, sell, or give away such religious. 
 Sabbath-school and missionary tracts, periodicals or 
 books, as they may deem necessary to the promo- 
 tion of religion or morality. 
 
 Sec. 59. This act is subject to any limitation or 
 modification which may be hereafter enacted by 
 general law, as to the amount of real estate and per- 
 
48 Laws Relating to Religious Corporations. 
 
 sonal property to be held by the corporations re- 
 spectively provided for herein for religious purposes. 
 
 Sec. 6o. No corporation, association, or society 
 for any purpose, authorized by this act, shall be 
 formed under any other act. 
 
 Sec. 6i. All acts, or parts of acts, in conflict with 
 the provisions of this act, are hereby repealed ; Pro- 
 vided, that the repeal of said acts shall not affect 
 any corporation existing under any such acts, or any 
 rights or liabilities that may have accrued when this 
 act shall take effect ; but such rights and liabilities 
 shall remain as though this act had not been 
 passed. 
 
 CRIMINAL JURISPRUDENCE — PASSED 1 874. 
 
 Sec. 58. Whoever by menace, profane swearing, 
 vulgar language, or any disorderly or unusual con- 
 duct, interrupts or disturbs any assembly of people 
 met for the worship of God, shall be fined not ex- 
 ceeding one hundred dollars. 
 
 Sec. 59. Whoever during the time of holding any 
 camp or field meeting for religious purposes, and 
 within one mile of the place of holding such meet- 
 ing, hawks or peddles goods, wares, or merchandise, 
 or, without permission of the authorities having 
 charge of such meeting, establishes any tent, booth, 
 or other place for vending provisions or refresh- 
 ments, or sells or gives away, or offers to sell or give 
 away, any spirituous liquor, wine, cider, or beer, or 
 practices or engages in gaming or horse-racing, or 
 exhibits or offers to exhibit any show or play, shall 
 be fined not exceeding one hundred dollars for each 
 
Illinois, 49 
 
 offense: Provided, That whoever has his regular 
 place of business within such limits is not hereby 
 required to suspend his business. 
 
 Chapter X.— Indiana. 
 
 Gavin and Hord's Eevised Statutes of 18T0— Chapter 168. 
 
 Societies may hold Land— Notice of Election— Certificates— Tenure 
 of Office of Trustees — How Chosen — Change of Name — Sale of 
 Property — Disturbance of Religious Meetings. 
 
 Sec. I. Any congregation, society, or Church may 
 take by purchase, grant, or devise, lots 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 ob- 
 jects of said several organizations, and for that pur- 
 pose, may elect not less than three nor more than 
 five trustees, who shall possess the powers and per- 
 form the duties herein named. 
 
 Sec. 2. The word " society," in this act, shall be 
 deemed to include Churches, associations, congrega- 
 tions, lodges, divisions, and all other orders enumer- 
 ated in the preceding section. 
 
 Sec. 3. Notice for election of trustees shall be 
 given at least ten days previous thereto, by publica- 
 tion in a newspaper 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. Such notice shall state 
 the time, place, and object of such election, and the 
 same shall be held at the usual place of worship or 
 meeting of such society, if any there be. 
 
50 Lazvs Relating to Religions Corporations. 
 
 Sec. 4. Such society at the first and every subse- 
 quent election shall appoint a clerk thereof, who shall 
 take, count, and make a poll-list of the votes given 
 for trustees ; and within ten days thereafter shall 
 deposit in the recorder's office of the county, where 
 the real estate granted is 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 re- 
 corder of such county shall record the same among 
 the record of deeds in his office. 
 
 Sec. 5. As between such society, the trustees 
 thereof, and all persons claiming under them, and 
 any person granting real estate thereto, and all per- 
 sons claiming under him, such certificate shall 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, it shall be presumptive evidence 
 of such matters. 
 
 Sec. 6. Such trustees shall severally hold their 
 offices until their successors are duly chosen ac- 
 cording to the rules of the society ; and any society, 
 by a majority vote at a meeting of one third of the 
 residents thereof, notice being given as aforesaid, 
 may remove such trustees and elect others in their 
 stead. 
 
 Sec. 7. Such society, or the trustees thereof, when 
 authorized [organized] for that purpose, may estab- 
 lish all necessary by-laws to carry out the objects of 
 its organization. 
 
 Sec. 8. Any society may select or appoint, accord- 
 
Indla7ia. 5 1 
 
 ing 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, 
 shall not be dispensed with. 
 
 Sec. 9. Such trustees shall be deemed a body 
 politic and corporate under such name and style as 
 the society may elect, and by that name shall have 
 power to contract, sue, be contracted with and sued, 
 with like effect as other persons or corporations. 
 
 Sec. 10. Such 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 such society shall not be assumed until a 
 record has first been made of the fact in the record- 
 er's office of the proper county. Such change shall 
 not affect the rights or liberties of the society, or of 
 other persons or parties. 
 
 Sec. II. The trustees chosen, as herein provided, 
 after record of their election, or appointment is made 
 in the recorder's office of the proper county, shall 
 have power and authority, as such trustees, to re- 
 ceive conveyances of lands, whether the same be 
 by purchase, gift, or otherwise ; and to hold the same 
 to their successors in perpetuity, for the sole and 
 conclusive benefit of such society, and for the uses 
 declared in such conveyance or grant. 
 
 Sec. 12. Such trustees and their successors in 
 office may also acquire and possess, for the use of 
 any such society, personal property not exceeding in 
 value the sum of five thousand dollars, and may 
 appropriate the same and the income or interest 
 thereof, and all other funds and incomes in their 
 
52 Laws Relating to Religious Corporations. 
 
 hands as such trustees, for the purposes designated 
 by such society not inconsistent with the trust. 
 
 Sec. 13. Such trustees, to more effectually carry 
 out the objects of their trust, may sell, loan, or oth- 
 erwise dispose of their corporate property ; and any 
 conveyance thereof by such trustees, or a majority 
 of them, in behalf of such society, shall vest in the 
 purchaser of the same, and all the right, title, and 
 interest thereto ; but the provisions of this section 
 shall not be construed to affect any gift, bequest, or 
 devise to such society, or to trustees for its use, nor 
 to defeat the intention of the grantor, donor, or 
 testator. 
 
 Sec. 14. When any society within the meaning of 
 this act shall have been dissolved, from any cause, a 
 majority of the persons interested therein may re- 
 vive the same within five years after such dissolu- 
 tion, by electing a new board of trustees, and mak- 
 ing record of such election in the recorder's office of 
 the proper county as hereinbefore provided ; and 
 whenever, from any cause, any Church or religious 
 society holding and possessing property within the 
 meaning of this act shall have been dissolved, the 
 annual or quarterly conference, or other ecclesias- 
 tical body to which such Church or religious society 
 is directly subordinate, shall have power to appoint 
 trustees in accordance with the customs or usages 
 of said Church, to take the charge and control of 
 the property of said Church or society until it shall 
 be revived as contemplated by this act. 
 
 Sec. 15. The provisions of this act shall extend 
 to every society, educational or religious, which, pre- 
 
Indiana, 53 
 
 vious to its passage, had acquired land for the pur- 
 pose of erecting a house of worship, or other appro- 
 priate building, not exceeding five acres, upon 
 condition that the consent of two thirds of the per- 
 sons interested in such land be first obtained, and 
 the trustees be elected and certified, and such other 
 proceedings had, as hereinbefore directed for the 
 election of trustees. 
 
 Sec. 16. The officers of any society, by whatever 
 name such officer may be designated, elected in the 
 manner prescribed by this act, or according to the 
 rules of any Church, society, or order, may, when- 
 ever the laws or usages of the same require it, per- 
 form the duties of trustees, and in their proper name 
 and title shall possess all the powers, and be subject 
 to the same liabilities as trustees, and the certificate 
 of the election of such officers shall be recorded in 
 the recorder's office of the proper county, as in the 
 case of trustees. 
 
 Sec. 17. All the provisions of this act are hereby 
 extended, so far as the same may be applicable, to 
 any individuals who may unite themselves together 
 for the purpose of receiving donations of lands, or 
 purchasing the same for cemeteries. 
 
 Sec. 18. When such donations or purchases shall 
 be made to or by any such individuals, and a certif- 
 icate thereof or conveyance therefor, together with 
 the articles of association, by which such individuals 
 have become united for such purposes, shall be filed 
 in the office of the recorder of the proper county, 
 and by him recorded, such individuals shall enjoy all 
 the privileges necessary for the preservation and 
 
54 Laws Relating to Religious Corporations. 
 
 protection of such cemetery in the same manner as 
 if such individuals were regularly incorporated by 
 law, and such cemetery shall forever remain a burial 
 place for the dead. 
 
 Sec. 19. Lands conveyed to the board of county 
 commissioners, by deed duly recorded, for the pur- 
 pose of a public or private cemetery, shall be held 
 by such board forever in trust for such purposes. 
 
 Sec. 20. In all cases where the donors or donees 
 of any public burying-ground shall lay off the same 
 into lots, plainly designated by corner-stones or 
 posts, and record a plat thereof in the recorder's 
 office, then persons interring in said burying-place 
 shall bury within the lots so designated, and not out 
 of them. 
 
 Sec. 21. The donor of a private burying-ground, 
 his heirs, and assigns forever, shall have the exclu- 
 sive right of admitting corpses for interment, and 
 shall direct where the same shall be buried ; and 
 may grant any right of burial in such ground as shall 
 not interfere with the graves already there, or the 
 rights of persons who have buried their dead in such 
 ground. 
 
 Sec. 22. No burying-ground specified in this act 
 shall pass, or be held contrary to the intent or mean- 
 ing of this section, by virtue of any subsequent de- 
 vise, purchase, descent, or conveyance of the donor. 
 
 Part III, Chapter 7. 
 DISTURBING RELIGIOUS MEETINGS. 
 
 Sec. 38. If any person shall disturb any religious 
 society, or a member thereof, when met or meeting 
 
Indiana. 55 
 
 together for public worship, or shall sell or give 
 away spirituous liquor at any booth, wagon, shed, or 
 open place, or in any building temporarily erected 
 for the purpose of selling such liquors, within two 
 miles of any collection of the people convened for 
 the purpose of public worship, or shall disturb any 
 collection of people convened for any lawful pur- 
 pose, such person shall be fined not exceeding fifty 
 nor less than five dollars, and imprisonment not 
 exceeding thirty days may be added. 
 
 Chapter XI.— Icwa. 
 
 Code of Iowa, 18T3.— Title 9, Chapter 2. 
 
 Corporations — How Formed — Certificates — Powers — Elections — 
 Devises and Bequests — Offenses — How Punished. 
 
 Sec. 1095. Any three or more persons of full age, 
 citizens of the United States, a majority of whom 
 shall be citizens of this State, who desire to associ- 
 ate themselves for benevolent, charitable, scientific, 
 religious, or missionary purposes, may make, sign, 
 and acknowledge before any officer authorized to 
 take the acknowledgments of deeds in this State, 
 and have recorded in the office of the recorder of 
 the county in which the business of such society is 
 to be conducted, a certificate in writing, in which 
 shall be stated the name or title by which such so- 
 ciety shall be known, the particular business and 
 objects of such society, the number of trustees, di- 
 rectors, or managers to conduct the same, and the 
 
56 Laivs Relating to Religious Corporations. 
 
 name of the trustees, directors, or managers of such 
 society for the first year of its existence. 
 
 Sec. 1096. Upon filing for record the certificate 
 as aforesaid, the persons who shall have signed and 
 acknowledged such certificate, and their associates 
 and successors, shall, by virtue hereof, be a body 
 politic and corporate by the name stated in such 
 certificate, and by that, they and their successors 
 shall and may have succession, and shall be capable 
 of suing and being sued, and may have and use a 
 common seal, which they may alter or change at 
 pleasure ; and they and their successors, by their 
 corporate name, shall be capable of taking, receiving, 
 purchasing, and holding real and personal estate, 
 and of making by-laws for the management of its 
 affairs not inconsistent with law. 
 
 Sec. 1097. The society so incorporated may, an- 
 nually or oftener, elect from its members its trust- 
 ees, directors, or managers, at such time and place, 
 and in such manner, as may be specified in its by- 
 laws, who shall have the control and management 
 of the affairs and funds of the society, a majority 
 of whom shall be a quorum for the transaction of 
 business ; and whenever any vacancy shall happen 
 among such trustees, directors, or managers, by 
 death, resignation, or neglect to serve, such vacancy 
 shall be filled in such manner as shall be provided 
 by the by-laws of such society. When the body 
 corporate consists of trustees, directors, or managers 
 of any benevolent, charitable, literary, scientific, re- 
 ligious, or missionary institution, which is or may be 
 established in this State, and which is or may be 
 
Iowa. 57 
 
 under the patronage, control, direction, or super- 
 vision of any synod, conference, association, or other 
 ecclesiastical body in such State, established agree- 
 ably to the laws thereof, such ecclesiastical body 
 may nominate and appoint such trustees, directors, 
 or managers according to the usages of the appoint- 
 ing body, and may fill any vacancy which may occur 
 among such trustees, directors, or managers ; and 
 when any such institution may be under the patron- 
 age, control, direction, or supervision of two or more 
 of such synods, conferences, associations, or other 
 ecclesiastical bodies, such bodies may severally nom- 
 inate and appoint such proportion of such trustees, 
 directors, or managers, as shall be agreed upon by 
 those bodies immediately concerned. And any va- 
 cancy occurring among such appointees last named 
 shall be filled by the synod, conference, association, 
 or body having appointed the last incumbent. 
 
 Sec. 1098. Any corporation in this State of an ac- 
 ademical character, the memberships of which shall 
 consist of lay members and pastors of Churches, 
 delegates to any synod, conference, or council, hold- 
 ing its annual meetings alternately in this and one 
 or more adjoining States, may hold its annual meet- 
 ings for the election of officers and the transaction of 
 business, in any adjoining State to this, at such place 
 therein as the said synod, conference, or council 
 shall hold its annual meeting ; and the elections so 
 held and business so transacted shall be as legal and 
 binding as if held and transacted at the place of 
 business of the corporation in this State. 
 
 Sec. 1099. In case an election of trustees, direct- 
 
58 Laws Relating to Religious Corporations. 
 
 ors, or managers shall not be made on the day des- 
 ignated by the by-laws, said society for that cause 
 shall not be dissolved, but such election may take 
 place on any other day directed by such by-laws. 
 
 Sec. 1 100. The provisions of this chapter shall 
 not extend or apply to any association or individual 
 who shall, in the certificate filed with the recorder, 
 use or specify or name or style the same as that of 
 any previously existing incorporated society in the 
 county. 
 
 Sec. iioi. Any corporation formed under this 
 chapter shall be capable of taking, holding, or receiv- 
 ing property, by virtue of any devise or bequest con- 
 tained in any last will or testament of any person 
 whatsoever ; but no person leaving a wife, child, or 
 parent, shall devise or bequeath to such institution or 
 corporation more than one fourth of his estate after 
 the payment of his debts, and such devise or bequest 
 shall be valid only to the extent of such one fourth. 
 
 Sec. II02. The trustees, directors, or stockhold- 
 ers of any existing benevolent, charitable, scientific, 
 missionary, or religious corporation, may, by con- 
 forming to the requirements of section 1095 of this 
 chapter, re-incorporate themselves, or continue their 
 existing corporate powers, and all the property and 
 effects of such existing corporation shall vest in and 
 belong to the corporation so re-incorporated or 
 continued. 
 
 Chapter IX, Title 24. 
 OFFENSES. 
 
 Sec. 4023. If any person willfully disturb or dis- 
 quiet any assembly of persons met for religions wor- 
 
Iowa. 59 
 
 ship, by profane discourse or rude and indecent be- 
 havior, or by making a noise either within the place 
 of worship, or so near as to disturb the order and 
 solemnity of the assembly, he shall be punished by 
 imprisonment in the county jail not more than 
 thirty days, or by fine, not exceeding one hundred 
 dollars. 
 
 Sec. 4024. If any person within one mile from 
 the place where any religious society is collected 
 together for religious worship, in any field or wood- 
 land, expose to sale or gift any spirituous or other 
 liquors, or any article of merchandise, or any pro- 
 visions, or other article of traffic, he shall be punished 
 by imprisonment in the county jail not more than 
 thirty days, or by fine not exceeding one hundred 
 dollars. 
 
 Sec. 4025. The preceding section does not apply 
 to tavern or grocery keepers, exercising their calling 
 or business in the places mentioned in their licenses, 
 if they have such, nor to any distillers or manufac- 
 turers, or others in the prosecution of their ordinary 
 calling or business, so as to prevent them from 
 vending or exposing to sale the articles above pro- 
 hibited at their place of residence ; nor to any per- 
 son who has a written permit from the person having 
 the charge of such religious society to sell any of 
 such prohibited articles, on complying with the reg- 
 ulations of such religious assembly, and with the 
 laws of the States. 
 
6o Laws Relating to Religious Corporations. 
 
 Chapter X I I. — K a n s a s. 
 
 General Laws, 1868— Chapter 23. 
 
 How Corporations are Formed — Acknowledged — Filed — Religious 
 Societies — Disturbance of Public "Worship. 
 
 Sec. 8. The charter of an intended corporation 
 must be subscribed by five or more persons, three 
 of whom, at least, must be citizens of this State, 
 and must be acknowledged by them, before an 
 officer duly authorized to take acknowledgments 
 of deeds. 
 
 Sec. 9. Such charter shall thereupon be filed in 
 the office of the secretary of state, who shall record 
 the same at length in a book to be kept for that 
 purpose, and retain the original on file at his office. 
 A copy of the charter, or of the record thereof duly 
 certified by the secretary of state, under the great 
 seal of the State, shall be evidence of the creation 
 of the corporation. 
 
 Sec. 10. The existence of the corporation shall 
 date from the time of filing the charter, and the 
 certificate of the secretary of state shall be evidence 
 of the time of such filing. 
 
 Sec. 122. Any religious society, military or fire 
 company, literary, charitable, or benevolent associ- 
 ation, other than colleges, universities, academies, 
 or seminaries, or any grand or subordinate lodge 
 of Free and Accepted Masons, or of the Inde- 
 pendent Order of Odd Fellows, may, by the consent 
 of a majority of its members, become bodies cor- 
 porate under this act, by filing the charter required 
 
Kansas, 61 
 
 by this act, electing directors, or trustees, and per- 
 forming the things, as are directed in the case of 
 other corporations ; and when so organized, shall 
 have all the powers and privileges, and be subject 
 to all the restrictions in this act contained for the 
 objects named in the charter, and shall have the 
 same power to make by-laws for the regulation of 
 their affairs as other corporations. Such directors 
 or trustees shall not usurp or exercise the functions 
 of the officers in charge of the spiritual affairs of any 
 society. 
 
 Sec. 123. No religious, literary, scientific, indus- 
 trial, benevolent, or other society, association, com- 
 pany, corporation, or institution that does not have 
 a capital stock will be required in its charter to 
 make any statement of the amount of capital stock, 
 or amount of each share ; but such charter, if it 
 contains the other statements therein required, and 
 also an estimate of the value of goods, chattels, 
 lands, rights, and credits owned by the corporation, 
 will be sufficient. 
 
 Chapter 81. 
 DISTURBANCE OF PUBLIC WORSHIP. 
 
 Sec. 252. Every person who shall willfully, ma- 
 liciously, or contemptuously disquiet or disturb any 
 congregation or assembly of people met for religious 
 worship by making a noise, or by rude or indecent 
 behavior, or profane discourse within their place of 
 worship, or so near to the same as to disturb the 
 order or solemnity of the meeting, or menace, or 
 assault any person there being, shall be guilty of a 
 
62 Laws Relating to Religious Corporations. 
 
 misdemeanor, and punished by fine not exceeding 
 one hundred dollars ; and if unable to pay the fine, 
 by confinement in the county jail not exceeding 
 three months. 
 
 Sec. 254. Every person who shall erect or keep 
 a booth, tent, stall, or other contrivance for the 
 purpose of selling or otherwise disposing of any 
 wine, or spirituous or fermented liquors, or any 
 drink of which wine, spirituous or fermented liquors 
 form a part, within one mile of any camp or field 
 meeting for religious worship, during the time of 
 holding such meeting, shall, upon conviction, be 
 adjudged guilty of a misdemeanor, and punished 
 by fine not exceeding ten dollars. 
 
 Chapter X I I I . — K e n t u c k y. 
 
 Stanton''s Eevised Statutes, "1860 — Chapter 14. 
 
 Grants for Charitable Uses — Not defeated for want of Truste 
 Churches limited to Fifty Acres — Trustees to be Appointed — Records 
 — Schisms — Excommunication — Dissolution — Shakers. 
 
 CHARITABLE USES AND RELIGIOUS SOCIETIES. 
 
 Sec. I. That all grants, conveyances, devises, gifts, 
 appointments, and assignments heretofore made, or 
 which shall be hereafter made in due form of law, 
 of any lands, tenements, rents, annuities, profits, 
 hereditaments, goods, chattels, money, stocks, or 
 choses in action for the relief or benefit of aged 
 or impotent and poor people, sick and maimed sol- 
 diers and marines, schools of learning, seminaries, 
 colleges, universities, navigation, bridges, ports, ha- 
 
Kentucky. 63 
 
 vens, causeways, public highways, churches, houses 
 of correction, hospitals, asylums, idiots, lunatics, 
 deaf and dumb persons, the blind, or in aid of 
 young tradesmen, orphans, or for the redemption 
 of prisoners or captives, setting out of soldiers, shall 
 be valid, except as hereinafter restricted. 
 
 Sec. 2. No charity shall be defeated for want of a 
 trustee or other person in whom the title may vest ; 
 but courts of equity may uphold the same by ap- 
 pointing trustees, if there be none, or by taking 
 control of the fund or property, and directing its 
 management, and settling who is the beneficiary 
 thereof. 
 
 Sec. 3. No church or society of Christians shall 
 be capable of taking or holding the title, legal or 
 equitable, to exceeding fifty acres of ground ; but 
 may acquire and hold that quantity for the purpose 
 of erecting thereon houses of public worship, public 
 instruction, a parsonage, a grave-yard, and a horse 
 pound. 
 
 1. The society may, before or after the creation 
 of the charity, appoint not exceeding three trustees, 
 who, and their successors, shall be vested with the 
 title, legal or equitable, to such property for the 
 use of such society. 
 
 2. The society shall enter such appointment on 
 its record-books, a majority concurring therein, and 
 may fill vacancies in like manner. 
 
 3. The trustees, or a majority of them, may, in 
 their own names, for the use of the society, institute 
 and prosecute suits to recover any property, real or 
 personal, to which the society has right, and may 
 
64 Laws Relating to Religious Corporations, 
 
 defend any suit that shall be instituted against the 
 trustees or society for, or touching its temporalities. 
 
 4. In case a schism or division shall take place in 
 a society, the trustees shall permit each party to 
 use the church and appurtenances for divine wor- 
 ship, a part of the time proportioned to the members 
 of each party. 
 
 5. The excommunication of one party by the 
 other, shall not impair such right, except it be done 
 bona fide on the grounds of immorality. 
 
 Sec. 4. If any society holding lands shall dis- 
 solve, the title to such lands and appurtenances shall 
 vest in the trustees of the seminary in which the 
 land may lie, for the use of such seminary ; and if 
 there be no such seminary, then in the county 
 court, for the benefit of common schools in the 
 county. The provisions in this section shall not 
 apply to the society called Shakers, who shall have 
 the same right to acquire and hold real estate as 
 they have had prior to the passage of this act. 
 
 Chapter X I V. — L o u i s 1 a n a. 
 
 Revised Statutes of 1870.— (The Act is a general one.) 
 Application must be made to the District Attorney for Incorporation. 
 
 Sec. (^']'J. Whenever any number of persons ex- 
 ceeding six may be desirous of forming themselves 
 into a corporation or body politic for any religious, 
 scientific, literary, or charitable purpose, and to 
 acquire and enjoy the rights, privileges, and powers 
 
Louisiana. 65 
 
 of a body corporate and politic in law, it shall be 
 lawful for such persons to prepare and sign an in- 
 strument, either in authentic form or under private 
 signature, wherein they shall declare and specify 
 the purposes and objects of such corporation ; the 
 name, style, and title thereof; the place chosen for 
 its domicil ; the managers and officers of such cor- 
 poration are to be chosen, the officer on whom 
 citations may be served, and the length of time 
 during which the corporation shall exist and con- 
 tinue. The act of incorporation shall be handed 
 to the district attorney of the district in which the 
 domicil is fixed, for examination as to its legality ; 
 and should he be of the opinion that the purposes 
 and objects of the corporation, as specified in said 
 act, are legal, and that none of the provisions there- 
 in contained are contrary to law, he shall indorse 
 his opinion to that effect thereon. The act, together 
 with the opinion of the district attorney, shall then 
 be recorded in the office of the parish recorder, or 
 other officer performing the duties of parish re- 
 corder, which act, when so recorded, shall constitute 
 the subscribers to the same, and their associates 
 and successors, a body politic and corporate, for the 
 purposes and objects declared and contained in the 
 act, and shall have continuance and succession by 
 the name, style, and title as set forth in the act duly 
 certified by the officer, in whose office the same is 
 recorded, and shall be full and complete evidence 
 of the contents of the original act. 
 The balance of powers is general. 
 
66 Laws Relating to Religious Corporations. 
 Chapter XV. — Maine. 
 
 Eevised Statutes of 18T1.— Chapter 12. 
 
 Mode of calling Meeting — Organization— Annual and other Meet- 
 ings — Parish Meetings — How Called— May raise Money — Assess- 
 ments on Pews — Admission to a Parish — Church Officers may be 
 deemed Corporations — Conveyances — Oftenses appertaining to Re- 
 ligious Meetings. 
 
 Sec. I. 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 majority of 
 them reside, who is required to issue his warrant to 
 one of them directing him to notify the other ap- 
 plicants 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 
 notification thereof on the outer door of the meet- 
 ing-house or place of worship of such society, if any, 
 otherwise at such place as the justice appoints. 
 
 Sec. 2. Such persons so assembled may choose a 
 clerk and other needful parish officers, and there- 
 upon they are declared to be a corporation bearing 
 the name they assume, and possessing all the powers 
 of parishes and religious societies. 
 
 Sec. 3. Every parish may take, by gift or pur- 
 chase, any real or personal estate until the clear 
 annual income thereof amounts to three thousand 
 dollars, and may convey such real or personal es- 
 tate, and establish by-laws not repugnant to the 
 laws of the State. 
 
Maine. dj 
 
 Sec. 4. The annual or other meetings of the par- 
 ish 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 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 col- 
 lector, 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. 
 
 Sec. 5. The moderator, at any meeting, shall have 
 power to preserve order, manage the business, and 
 administer the oath to the clerk and assessors. 
 
 Sec. 6. When five members of any parish, in 
 writing, request the assessors to call a meeting, or 
 insert any particular article in the warrant therefor, 
 they shall do so. 
 
 Sec. 7. If they unreasonably refuse to do so, any 
 justice of the peace in the county, on like applica- 
 tion, may issue his warrant to one of the applicants, 
 who must notify such meeting in the same manner 
 as prescribed for the first meeting, or as agreed on 
 by parish vote. 
 
 Sec. 8. When there has been no meeting of such 
 parish or society for three years, a meeting may be 
 called as provided in section thirty-four. 
 
 Sec. 9. Every parish, at a legal meeting, may 
 raise money for the support of the public ministry 
 of religion, for building, repairing, or removing 
 houses of public worship, and for other necessary 
 
68 Laws Relating to Religious Corporations. 
 
 parish charges, and the same may be assessed and 
 collected as State taxes are. 
 
 Sec. 10. When a house of public worship belongs 
 to a parish, 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 preceding section, 
 wholly or partly on the pews or seats, whether 
 owned by members of such parish or religious soci- 
 ety or not ; and the owners may be present and 
 vote in raising such money. 
 
 Sec. II. When taxes on pews and seats remain 
 unpaid for six months after their assessment, the 
 treasurer of the parish or society is required to sell 
 them at auction, first posting notice thereof at the 
 principal outer door of the house of worship con- 
 taining such pews or seats three weeks before the 
 time of sale, stating the numbers, if any, of the 
 pews or seats, and the amount of tax on each, and 
 on such sale the treasurer must execute and deliver 
 a deed of the pew or seat sold to the purchaser, and 
 pay the owner the overplus after deducting the 
 amount of tax and the incidental charges. 
 
 Sec. 12. All money paid by any person for the 
 support of public worship by a tax on a pew or seat 
 must be paid to such teacher of his own religious 
 sect as he may designate in a written notice left 
 with the clerk of the parish on or before the annual 
 meeting, unless he uses such pew or seat by himself 
 or others ; and it is sufficient if such teacher is or- 
 dained or qualified according to the usages of his 
 particular sect or communion. 
 
Maine. 69 
 
 Sec. 13. a parish in the actual occupancy of a 
 church, meeting-house, or other building used for 
 religious purposes, may insure it against loss by fire. 
 And in case of such loss the company insuring will 
 not be permitted to deny the occupancy of the par- 
 ish its legal existence, or its right to maintain an 
 action on the policy. The money recovered must 
 be held by the parish in trust for repairing or 
 restoring the building, and be so applied. 
 
 Sec. 14. A person may become a member of a 
 parish or religious society by vote thereof at a 
 legal meeting. 
 
 Sec. 15. Any person of age residing in a local 
 parish holding funds derived from the State of 
 Maine or of Massachusetts is by law deemed a 
 member of such parish or religious society until 
 he dissolves the connection ; and any such person 
 having resided in such parish one year after he has 
 arrived to the age of majority, without giving writ- 
 ten notice to its clerk of his consent to be a mem- 
 ber thereof, or paying a tax, or subscription, ac- 
 cording to whichever of these modes the parish 
 may have adopted to raise money for lawful pur- 
 poses, will be deemed to have thereby dissolved his 
 connection therewith ; and the connection will re- 
 main dissolved, and such person shall not be taxa- 
 ble, until he renews the connection, by giving writ- 
 ten notice to the clerk of his consent to be a mem- 
 ber of the parish ; and any person of age residing in 
 a local parish may become a member of such par- 
 ish, not deriving funds from the State, by giving 
 written notice to its clerk of his intention to do so 
 
70 Laws Relating to Religious Corporations. 
 
 within one year after he is of age or removes 
 thereto. 
 
 Sec. i6. No person shall be a member of a parish 
 or religious society without his consent ; and any 
 person may dissolve his connection therewith by 
 leaving with the clerk a certificate of his intention 
 to do so, and his liability for future expenses ceases 
 thereby ; but he may be taxed for money previous- 
 ly raised, except in case of removal from a local 
 parish. 
 
 Sec. 17. No territorial parish is hereby dissolved ; 
 and when one or more parishes are set off from a 
 town, or incorporated therein, as aforesaid, the re- 
 maining part shall be the first parish. 
 
 Sec. 18. No person shall vote in meetings of any 
 territorial parish who is not the owner or occupant 
 of a pew in its house of worship, nor contributes to 
 its support. 
 
 Sec. 19. The wardens of Episcopal Churches, the 
 stewards or trustees of Methodist Episcopal Church- 
 es, and the deacons of all other Protestant Churches, 
 are so far corporations as to take in succession all 
 grants and donations of real and personal estate 
 made to their churches, or to them and their suc- 
 cessors ; and if the ministers, elders, or vestry are 
 joined with such church-wardens or deacons in such 
 grants and donations, the two classes of officers are 
 made corporations for that purpose. 
 
 Sec. 20. The ministers of a parish or religious so- 
 ciety, and the deacons, elders, trustees, stewards, 
 and other presiding officers of a religious society or 
 church, having, by its usages, no settled minister, 
 
Maine, 71 
 
 may take in succession any estate granted to the 
 minister and his successors, or for the use of the min- 
 istry or poor of the church, and may prosecute and 
 defend all suits respecting it ; but they cannot legal- 
 ly so take while the clear annual income of prior 
 grants is three thousand dollars. 
 
 Sec. 21. No conveyance of such estate by a min- 
 ister will be valid longer than he is in the minis- 
 try; or by such deacons or other officers longer 
 than they are in office, if made by them without 
 the consent of the church, or by church-wardens 
 without the consent of the vestry. 
 
 Sec. 22. The records of a parish are required to 
 be open to the inspection of its members, and to 
 clerks of other parishes; and each clerk must fur- 
 nish attested copies of such records, on request, for 
 a reasonable compensation. 
 
 Sec. 23. When a parish or religious society law- 
 fully raises money by taxation it may appoint its 
 treasurer a collector of taxes, who will possess the 
 same powers of a town collector ; and such parish 
 or religious society may allow a similar discount on 
 taxes paid within the time fixed by it at a legal 
 meeting, and the treasurer must give like public no- 
 tice thereof; and all other taxes must be collected 
 by him as town taxes are. When the treasurer and 
 collector is qualified, the assessors are required to 
 deposit with him a list of the taxes, with the warrant 
 for their collection. 
 
 Sec. 24. The overseers of each monthly meeting 
 of the Quakers may take and hold in succession all 
 grants of real, personal, or mixed estate made to 
 
72 Laivs Relating to Religious Corporations. 
 
 them, to or for the use of their monthly meetings, to 
 the preparation meetings constituting them, or to the 
 poor thereof : and also all grants of real estate sit- 
 uated within the limits of their monthly meetings, and 
 donations of personal estate given by persons living 
 within said limits, made to or for the use of any quar- 
 terly meetings of said Quakers to said overseers for 
 their use, or to the poor thereof; and may convey 
 and manage such estate according to the terms and 
 conditions on which it was given, and may sue in 
 their own names for any right that has vested in the 
 grantees or donees, though the annual income thereof 
 to one meeting for such uses does not exceed five 
 thousand dollars. These powers may be enlarged, 
 restrained, or repealed by the Legislature. 
 
 MEETING-HOUSES. 
 
 Sec. 25. When it is deemed expedient by any or- 
 ganized parish to become the owner of the pews in 
 any meeting-house used by it as a place of regular 
 worship, a meeting of the owners and occupants there- 
 of may be called, as provided in section six, and a 
 majority of such pew owners and occupants may vote 
 to convey the pews by them owned or occupied to 
 such parish. 
 
 Sec. 26. Any owner or occupant of a pew in such 
 meeting-house who shall express his dissent from 
 such vote in writing to the parish clerk within one 
 month from such meeting shall have his pew ap- 
 praised as provided in section twenty-nine, and the 
 appraised value shall be tendered to him, and he 
 shall then deliver a deed of such pew to the parish. 
 
Maine, 73 
 
 If such dissent is not expressed, said pew shall be 
 forever forfeited to the parish. 
 
 Sec. 27. Any persons for the purpose of erecting 
 a meeting-house, or a majority in interest of the 
 owners of a meeting-house, not a parish, may incor- 
 porate themselves the same as parishes may, and 
 choose officers, and do all other acts that a parish may 
 lawfully do. 
 
 Sec. 28. A majority of the pew owners or pro- 
 prietors of a meeting-house, present at a legal meet- 
 ing called for that purpose, may repair, remodel, or 
 sell and convey their house, or the land used with it, 
 or remove or rebuild it. Any meeting relating 
 thereto may be called by an application to a justice 
 of the peace by such pew owners or proprietors, who 
 must issue his warrant to one of them stating the 
 time, place, and purpose of the meeting, and direct- 
 ing him to notify said pew owners or proprietors, by 
 posting up a certified copy of such warrant fourteen 
 days on the principal outer door of their house of 
 worship, and in one or more public places in the 
 same town : or the warrant may be published in a 
 newspaper printed in the county at least fourteen 
 days before the meeting. 
 
 Sec. 29. Before such alteration or sale is made, 
 however, an appraisal of the relative value of the 
 pews must be made by three discreet persons under 
 oath, to be elected by ballot at a legal meeting of 
 said owners or proprietors. If a sale of the house 
 and land is made it may be private or public, as said 
 meeting determines, and the moneys must be ap- 
 plied to pay the expenses of sale, and the debts and 
 
74 Laws Relating to Religious Corporations. 
 
 just claims against the property, and the balance 
 must be paid to the pew owners or proprietors, in 
 proportion to their interest, by appraisal. If the 
 meeting-house is altered or rebuilt, the appraisers, 
 after the work is completed, must assign to the for- 
 mer pew holders pews to conform as near as practi- 
 cable to those previously held by them : and the 
 other pews may be sold to defray the expenses of 
 the repairs and alterations, or otherwise disposed of 
 as the proprietors or pew owners determine. They 
 may choose officers, raise and assess taxes on the 
 pews, and collect them for the purpose of making 
 such repairs and alterations, and do all things that a 
 parish can lawfully do, and appoint some suitable 
 agent or agents to make such sale and conveyance, 
 or repairs and alterations, and a treasurer of trustees 
 to receive and distribute the proceeds of sale in man- 
 ner aforesaid. 
 
 Sec. 30. When it is decided to repair, remodel, or 
 rebuild a meeting-house, any owner or proprietor 
 dissenting from the action of a majority, and declin- 
 ing to take any interest in the house as altered, may 
 demand and receive of such majority the appraised 
 value of his interest, after deducting his proportion of 
 debts against the property to be recovered in an ac- 
 tion for money had and received, which cannot be 
 legally commenced till thirty days after such demand, 
 nor after the lapse of a year after notice is posted 
 three successive weeks on the meeting-house door, 
 and some other conspicuous place in its precincts, 
 stating the persons to whom the money is to be paid, 
 the amount to each, and the time limited for payment. 
 
Maine. 75 
 
 If such sums are not demanded within said time, it 
 will be forfeited to the majority for parish uses. 
 
 Sec. 31. The owners of a meeting-house or build- 
 ing for public worship and the pew owners may be 
 incorporated when a majority of them apply to a 
 justice of the peace therefor, who must issue his 
 warrant to one of them stating the time, place, 
 and purpose of the meeting, and directing him to 
 notify said owners by posting up a certified copy of 
 it fourteen days on the principal outer door of such 
 building, and in one or more other public places in the 
 same town. 
 
 Sec. 32. When so assembled they may choose a 
 moderator and clerk, who must perform the usual 
 duties of such officers : and thereupon such owners 
 are constituted a corporation, to be known by such 
 name as they adopt, and they may agree on the mode 
 of calling future meetings. 
 
 Sec. 33. Such corporation, by a majority vote of 
 its members, may use and control its meeting-house 
 or building for public worship. But the provisions 
 of law stated in this and the last preceding sec- 
 tion are not to affect the rights of owners of houses 
 of worship built by different religious denominations. 
 
 Sec. 34. When there has been no meeting of the 
 incorporated owners, or the proprietors or owners, of 
 a meeting-house or building for public worship for 
 three years, a meeting may be called on application 
 of three or more members thereof to a justice of the 
 peace, who shall issue his warrant to one of them 
 stating the time, place, and purpose of the meeting, 
 directing him to notify such meeting by posting 
 
76 Laws Relating to Religions Corporations. 
 
 up a certified copy of said warrant three weeks be- 
 fore the time of meeting on the principal outer door 
 of such meeting-house or building, and in one or 
 more public places in the same town, and publishing 
 it in a newspaper published in the county, or in the 
 State paper. 
 
 Sec. 35. When a house of public worship is owned 
 by persons of different denominations, and when an 
 organized society or its members own five pews 
 therein, one or more of the minority, owning not less 
 than five pews, may apply to a justice of the -peace 
 and quorum to obtain a division of the time of occu- 
 pying the house, and must call a meeting of the 
 owners by posting up a notice in a public place in or 
 about the meeting-house thirty days at least before 
 the meeting, stating the time, place, and object of 
 the meeting. 
 
 Sec. 36. At such meeting the owners who are not 
 applicants, or, if they refuse or neglect, the justice 
 who called the meeting, may designate another jus- 
 tice, and the two may appoint the third person, who 
 is disinterested, and not an inhabitant of the town in 
 which the house is located, or belonging to the de- 
 nomination of either party interested ; and the three 
 will be a Board, before which the owners may ex- 
 hibit the amount they own in the house ; and the 
 minority, owning at least five pews, must have their 
 part allotted them as nearly as may be in proportion 
 to the amount they own in the house, and the Board 
 must designate which weeks in each year the minor- 
 ity, if they please, may occupy the house ; if they do 
 not, the majority may. 
 
Maine, 77 
 
 Sec. 37. The Board shall appraise the value of the 
 minority's proportion of the house, allowing no more 
 for a pew than was actually paid for it by the owners, 
 make a record of their proceedings, and within ten 
 days cause it to be transcribed into the records of 
 the town where the house is. 
 
 Sec. 38. All their reasonable expenses must be 
 paid by the person or persons who requested the 
 division. But the above provisions shall not affect 
 any agreement now in force between the parties as 
 to the mode of occupying such house. 
 
 Sec. 39. The minority may occupy the house their 
 allotted time, unless the majority purchase their in- 
 terest by paying the minority the sum at which it 
 was appraised by the Board ; but if the minority de- 
 cline so to sell, they shall avail themselves of the pro- 
 visions of the four preceding sections 
 
 Chapter 124. 
 OFFENSES. 
 
 Sec. 17. Whoever on the Lord's day, or at any 
 other time, behaves rudely or indecently within the 
 walls of any house of public worship, willfully inter- 
 rupts or disturbs any assembly of persons for relig- 
 ious worship within the place of such assembly or 
 out of it ; sells or exposes to sale within one mile 
 thereof, and during the time of their meeting, any 
 intoxicating liquors, refreshments, or merchandise, 
 except in his usual course and place of business ; 
 exhibits any shows or plays ; engages or aids in any 
 horse-race, gaming, or other sports to the disturb- 
 ance of such assembly, or, coming within their 
 
f 8 Lazvs Relating to Religious Corporations. 
 
 neighborhood, refuses, on request, either immediate- 
 ly and peaceably, to retire beyond their hearing, 
 or to conform to the established regulation of the 
 meeting, shall be punished by imprisonment not 
 more than thirty days, and by fine not exceeding 
 ten dollars. 
 
 Sec. 1 8. On application of the presiding elder, 
 preachers in charge, or tent-masters of a camp-meet- 
 ing in any town, the municipal officers thereby shall 
 appoint, in writing signed by a majority of them, one 
 or more police officers to preserve the peace during 
 such meeting, who may arrest any person violating 
 an}^ provision of the preceding section, detain him 
 till a warrant can be issued, and execute such war- 
 rant when directed to them ; and the presiding offi- 
 cer or committee of arrangements of any such re- 
 ligious assembly or meeting may appoint some 
 suitable person to keep boarders and sell refresh- 
 ments at such meetings, who shall conform therein 
 to such regulations as the officers appointing them 
 prescribe. 
 
 Sec. 19. Every justice of the peace, deputy sheriff^ 
 constable, grand juror, and tithing-man present at any 
 such religious assembly disturbed as aforesaid shall 
 arrest or cause to be arrested every such offender, 
 and detain him until the close of such assembly, or 
 until he can be taken before a magistrate ; and all 
 persons present at such assembly, on request, shall 
 assist said officers in the execution of their duty, 
 under the same penalties for neglect or refusal that 
 are provided for neglecting or refusing to aid officers 
 in other cases. 
 
Maine, 79 
 
 Sec. 24. Tithing-men or other persons may prose- 
 cute for all offenses described in sections seventeen, 
 twenty, and twenty-one, at any time within six 
 months after the commission thereof, in any compe- 
 tent court. 
 
 Chapter XVI. — Maryland. 
 
 Public General Laws, Adopted 1860.— Article 26. 
 
 Who may Incorporate — Powers of Trustees — Limitation of In- 
 come — Where Elections must be Held, and who may Vote — Qualifi- 
 cations of Trustees — Ministers are Voters — How settle Disputes — 
 Plans adopted at the first Meeting — Recorded — Powers Defined — 
 Division of a Society — Disturbing Religious Meetings. 
 
 Sec. 'i%. In every Christian church, society, or con- 
 gregation, 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 di- 
 rected, are constituted a body politic or corporate to 
 act as trustees in the name and behalf of the partic- 
 ular church, society, or congregation for which they 
 are respectfully chosen, and to manage the estate, 
 property, interest, and inheritance of the same. 
 
 Sec. 89. The trustees so elected shall have per- 
 petual succession by their name of incorporation, and 
 
8o Laws Relating to Religious Corporations. 
 
 are capable in law to purchase, take, and hold, to 
 them and their successors, in fee or for a less estate, 
 any lands, tenements, or hereditaments, rents or an- 
 nuities, goods or chattels within this State, by the 
 gift, bargain, sale, or devise of any person, body poli- 
 tic 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 the interests of their respective churches, socie- 
 ties, or corporations ; provided that nothing herein 
 shall authorize any sale, mortgages, or other disposi- 
 tion of any property held by such corporation under 
 any instrument prohibiting such sale, and provided 
 the clear yearly value of the estate of any 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. 
 
 Sec. 90. Every such body politic shall be chosen, 
 and the succession kept up, at such times and places 
 as are ordinarily used for the public meetings of the 
 said church, society, or congregation, and by such 
 persons as are allowed to have a voice in the man- 
 agement and direction of congregational or tem- 
 poral concerns, according to the known custom and 
 usage of their respective denominations ; or the said 
 body politic or corporate shall be chosen, and the suc- 
 cession kept up, according to the rules, regulations, 
 and practice that may have been heretofore adopted 
 and agreed upon, or that shall be at the first 
 time of electing agreed upon and adopted by any 
 particular church, society, or congregation, for direct- 
 
Maryland, 8i 
 
 ing or managing their congregational or temporal 
 affairs. 
 
 Sec. 91. Every trustee or member of any corpo- 
 ration aforesaid shall be of the same religious sect or 
 denomination with the church, society, or corporation 
 by which he is chosen. 
 
 Sec, 92. The minister for the time being, or senior 
 minister, where there are more than one settled in 
 any church, society, or congregation, shall always, in 
 virtue of his ministry, be a member of the body pol- 
 itic or corporate, belonging to the same, exclusive of 
 the number heretofore prescribed. 
 
 Sec. 93. If any contest shall arise in any church, 
 society, or congregation about the right of voting, or 
 whether the election has been fairly conducted, agree- 
 ably to the time, intent, and meaning of this article, the 
 parties contending shall each of them choose one dis- 
 creet and reputable person from among the members 
 or trustees of some neighboring congregation or socie- 
 ty of the same religious persuasion, if any such there 
 be, and if none such, then any other Christian socie- 
 ty, which two persons shall choose a third, qualified 
 in like manner, and the said three persons shall meet 
 at the place where the difference has arisen, and hear 
 and determine upon the matter; and their judgment 
 or award, or the judgment of a majority of them, 
 certified under their hands and seals, to the contend- 
 ing parties shall be final. 
 
 Sec. 94. At the first election or appointment of 
 every body politic or corporate aforesaid, every 
 church, society, or corporation, assembled as already 
 directed, shall determine on their plan, agreement, or 
 
82 Lazvs Relating to Religious Corporations. 
 
 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 con- 
 gregation choosing the same. 
 
 Sec. 95. The said plan, agreement, or regulation 
 shall be entered in the book hereinafter directed to 
 be kept by every such corporation ; and the same 
 shall 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, congre-' 
 gation, or society, or the greatest number of them, 
 shall reside ; or the same may be acknowledged be- 
 fore, and certified by, a judge of the circuit court, 
 after being well assured by the said trustees, or a 
 majority of them, that the proceedings have been 
 legally and duly conducted. 
 
 Sec. 96. The plan or agreement, so acknowledged 
 and certified, shall 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 Su- 
 perior Court of Baltimore city if they, or the greater 
 part of them, reside in the city of Baltimore within 
 six months after such acknowledgments have been 
 made, and the same shall be recorded, at the expense 
 of the corporation, in a book to be kept for that es- 
 pecial purpose. 
 
Maryland. 83 
 
 Sec. 97. If any change shall be made in the orig- 
 inal plan by authority of the congregation, such 
 change shall, in the same manner, be made known 
 and recorded. 
 
 Sec. 98. Every such corporation or body politic, 
 their successors, or a majority of them, may appoint 
 the times and places of their meeting, and the num- 
 ber necessary to constitute a quorum, and shall pro- 
 vide 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 congregation, 
 and the same shall 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, shall have 
 full power to frame such rules and ordinances for 
 conducting their concerns as may be necessary and 
 convenient for accomplishing the ends of their insti- 
 tution. 
 
 Sec. 99. When any number of persons belonging 
 to any church or congregation, sufficient to build a 
 church or house of worship and maintain a minister, 
 shall choose to separate from the church or congre- 
 gation of which they have hitherto been a part, and 
 to erect a house of worship, and employ a minister 
 for themselves, it shall be lawful for them to do so ; 
 and they shall, by their respective name or style, be 
 entitled to all the benefits of this 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 
 punctually and faithfully discharged. 
 
84 Laws Relating tu Religious Corporations, 
 
 Sec. 100. The person or persons holding lands, or 
 goods and chattels, in trust for any particular church 
 or Society, shall convey the same to the corporation 
 of such particular church or society as soon as the 
 same shall be formed under this article. 
 
 Sec. id I. Nothing in this article shall prevent the 
 Protestant Episcopal Church from incorporating the 
 vestries in the several parishes, according to the 
 usages of the said church. 
 
 Article 30. 
 DISTURBING RELIGIOUS MEETINGS. 
 
 Sec. 164. If any person shall erect, place, or have 
 any booth, stall, tent, carriage, boat, vessel, or other ve- 
 hicle or contrivance whatever, for the purpose or use 
 of selling, giving, or otherwise disposing of any kind 
 of spirituous or fermented liquors, or any other article 
 of traffic, within two miles of any camp-meeting, or 
 other place of religious worship, during the time of 
 holding any meeting for religious worship at such 
 place, such person, upon conviction before a justice 
 of the peace, for the first offense shall be fined not 
 less than five nor more than twenty dollars, and 
 stand committed to jail until the fine and cosls are 
 paid ; and for the second offense shall be fined as 
 aforesaid, and be imprisoned not less than ten nor 
 more than thirty days. 
 
 Sec. 165. If any person shall commit an offense 
 against the provisions of the preceding section he 
 shall, in addition to the penalties therein mentioned, 
 forfeit all such spirituous or fermented liquors, and 
 other articles of traffic, and all the chests and other 
 
Maryland. 85 
 
 things containing the same belonging to, and in the 
 possession of, the person so offending, together with 
 such booth, stall, tent, carriage, boat, vessel, vehicle, or 
 other contrivance or thing prepared and used in vio- 
 lation of said section. And it shall be the duty of 
 any sheriff, deputy sheriff, or constable, if he sees 
 any person violating the preceding section, to arrest 
 the offender and carry him before a justice of the 
 peace. The sheriff, deputy sheriff, or constable, 
 when he arrests the offender, shall seize the property 
 hereby declared to be forfeited, or shall seize the 
 same on a warrant against the offender if such of- 
 fender cannot be found, and the justice of the peace 
 before whom such offender is convicted, or before 
 whom the warrant is returned that the offender can- 
 not be found, shall enter judgment of condemnation 
 against such property, and issue z. fieri facias for the 
 sale thereof; provided, that the person who has been 
 returned not found, and whose property has been con- 
 demned in his absence, may appear at any time before 
 the sale of the property and have the case tried, as if 
 he had appeared at the return of the warrant. 
 
 Sec. 166. The provisions of the two preceding sec- 
 tions shall not apply to any licensed tavern-keeper, 
 merchant, shop-keeper, farmer, or other person in the 
 usual and lawful transaction of his ordinary business, 
 in the usual place of transacting such business, or to 
 any person having permission in writing from the 
 supervision of such meeting, to sell such articles as 
 may be named in such permission. 
 
 Sec. 167. If any person shall disturb any congrega- 
 tion, society, or meeting assembled for the purpose of 
 
86 Laws Relating to Religious Corporations. 
 
 religious worship, by blowing horns or trumpets, firing 
 guns, or by any riotous or disorderly conversation, or 
 by any other means, with intent to interrupt or dis- 
 turb the worship, devotion, or exercises of such con- 
 gregation, society, or meeting, or of any of the per- 
 sons attending such meeting, he, on conviction 
 before any justiqe of the peace in the county where- 
 in such offense shall be committed, shall be fined 
 not less than five nor more than twenty dollars, and 
 be committed to jail until the fine and costs are 
 paid. 
 
 Sec. i68. If any negro shall at any time be found 
 lurking about in the neighborhood, within one mile 
 of any camp-meeting, selling, bartering, or otherv/ise 
 disposing of spirituous liquors, wine, porter, beer, 
 cider, or other fermented, mixed, or strong drink, he 
 shall, on conviction before a justice of the peace, be 
 sentenced by the said justice forthwith to receive on 
 his bare back such number of stripes as he shall or- 
 der, not less than ten, nor more than thirty-nine. 
 
 Sec. 169. All fines imposed and collected under 
 this article for disturbing religious meetings shall be 
 paid to the county ; and nothing in this article shall 
 prevent the courts of record from exercising their 
 common law jurisdiction in all cases for disturbing 
 public worship. And the party convicted under any 
 of the preceding sections, relating to religious meet- 
 ings, shall have the right to appeal to the next cir- 
 cuit court for the county where the conviction is had, 
 upon giving bail for his appearance at court, and upon 
 such appeal shall be entitled to a trial by jury. 
 
Massachusetts, 87 
 
 Chapter XVII.— Massachusetts. 
 
 General Statutes 1860-66.— Chapter 30. 
 
 Religious Societies to be Corporate— Rights — Societies may Organ- 
 ize themselves — Membership — Voters — Organization — Meetings — 
 How Warned — Protestant Episcopal Societies — Taxes — Unincorpo- 
 rated Societies — Proprietors of Churches — Trustees of Methodist 
 Episcopal Church — Copy of Record — Disturbing Religious Worship. 
 
 Sec. I. Every religious society established or or- 
 ganized by virtue of any statute shall be a body cor- 
 porate, with the powers given to corporations by 
 chapter sixty-eight, and the powers, privileges, and 
 duties set forth in this chapter ; but this chapter 
 shall not enlarge nor diminish the powers of taxation 
 enjoyed by any religious society by virtue of a spe- 
 cial law or act of incorporation, nor impair existing 
 rights of property of any territorial parish. 
 
 Sec. 2. Religious societies, whether incorporate or 
 unincorporate, shall continue to have and enjoy their 
 existing rights, privileges, and immunities, except so 
 far as the same may be limited or modified by the 
 provisions of this chapter. 
 
 Sec. 3. The respective churches connected and 
 associated in public worship with such religious so- 
 cieties shall continue to have, exercise, and enjoy all 
 their accustomed privilegs and liberties respecting 
 divine worship, church order, and discipline, and shall 
 be encouraged in the peaceable and regular enjoy- 
 ment and practice thereof 
 
 Sec. 4. A religious society that is not incorporate, 
 or which may be unable to assemble in the usual 
 
88 Lazvs Relating to Religious Corporations. 
 
 manner, if it contains ten or more qualified voters, 
 may organize and become a corporation, with the 
 powers, privileges, duties, liabilities, and requirements 
 of such societies, and may hold so much estate, real 
 or personal, as may be necessary for the objects of 
 such organization, and no more ; but all the powers 
 derived from such organization may be revoked by 
 the Legislature. 
 
 Sec. 5. Any justice of the peace for the county 
 in which such society may be, upon application in 
 writing by five or more of the qualified voters there- 
 of, may issue his warrant, directed to some one of 
 the apphcants, stating the objects, and requiring him 
 to warn the qualified voters of the society to meet 
 at a time and place appointed in the warrant, and 
 the same may be served by posting an attested copy 
 thereof on the principal outer door of the meeting- 
 house, or leaving such copy with or at the last and 
 usual place of abode of such voters, seven days at 
 least before such meeting ; and, upon due return 
 thereof, the same justice, or any other justice of the 
 peace for the county, may preside at the meeting for 
 the choice and qualification of a clerk, who shall 
 enter at large, upon the records of the society, the 
 proceedings had in the organization thereof; and the 
 society may thereupon proceed to choose a modera- 
 tor, and do such other things as parishes are, by law, 
 authorized to do at their annual meetings ; provided, 
 the subject-matter thereof is inserted in the warrant. 
 
 Sec. 6. Persons belonging to a religious society 
 shall be held to be members until they file with the 
 clerk a written notice declaring the dissolution of 
 
Massachusetts, - 89 
 
 their membership, and they shall not be liable for any 
 grant, or contract, thereafter made or entered into 
 by such society. No person shall be made a member 
 of such society without his consent in writing. 
 
 Sec. 7. Every religious society may make by-laws 
 not repugnant to the laws of the commonwealth, 
 and therein prescribe the manner in which persons 
 may become members. 
 
 Sec. 8. No person shall have a right to vote in the 
 affairs of such society unless he is a member thereof 
 
 Sec. 9. The qualified voters of every parish and 
 incorporated religious society, and of every society 
 organized according to the provisions of this chapter, 
 shall hold an annual meeting in the month of March 
 or April, or at such other time as they may prescribe 
 by their by-laws ; and if the by-laws do not other- 
 wise determine, at a time and place appointed by the 
 assessors or standing committee ; and at such meet- 
 ing shall choose a moderator, clerk, two or more as- 
 sessors, a treasurer, and collector, and such other 
 officers as they think necessary, all of whom, except 
 the moderator, shall continue in office till the next 
 annual meeting, and till others are chosen and quali- 
 fied in their stead. 
 
 Sec. 10. Moderators of meetings held for the choice 
 of officers shall be elected by written ballots. Clerks, 
 assessors, treasurers, and collectors shall be elected 
 by written ballot, and shall be sworn. Other officers 
 may be elected in such mode as the society may de- 
 termine. 
 
 Sec. II. The prudential affairs of such societies 
 shall be managed by their assessors, or a standing 
 
90 Laws Relating to Religious Corporations. 
 
 committee specially appointed for that purpose ; and 
 the assessors or committees shall have like authority 
 for calling meetings, as selectmen have for calling 
 town meetings. 
 
 Sec. 12. If there are no assessors or committee, 
 or if they unreasonably refuse to call a meeting, any 
 justice of the peace for the county, upon the applica- 
 tion of not less than five qualified voters, may call 
 one, in the manner provided in section five. 
 
 Sec. 13. The as sessorsor committee shall insert 
 in the next warrant they issue for calling a meeting 
 any matter which not less than five qualified voters 
 of the society in writing request. Nothing acted 
 upon shall have any legal operation, unless the 
 subject-matter thereof was inserted in the warrant. 
 
 Sec. 14. Meeting shall be warned in the manner 
 provided by any by-law or vote of the society, and 
 when no provision is made, in such manner as the 
 assessors and standing committee in their warrant for 
 such meeting direct. 
 
 Sec. 15. The clerk, or if there is no clerk, or he is 
 absent, the assessors, or the standing committee, or 
 any one of them, shall preside in the choice of a 
 moderator ; and a clerk may then be chosen either 
 pro tempore^ or to fill the vacancy, as the case may 
 require. The moderator may administer the oath of 
 office to the clerk, and the clerk to the assessor and 
 collector ; or said oath may be administered by a 
 justice of the peace ; and it shall be substantially 
 the same as is required to be taken by the clerk, 
 assessors, and collectors of towns. 
 
 Sec. 16. The moderator shall have the same 
 
Mas sack usetts, 9 1 
 
 power as the moderator of a town meeting ; and 
 persons guilty of disorderly behavior at a meeting 
 shall be subject to the penalties and punishments 
 provided for like offenses in town meetings. 
 
 Sec. 17. If the person chosen collector is present 
 and accepts the office, he shall forthwith be sworn. If 
 not present, he shall be summoned to take the oath 
 by a constable, or any person whom the clerk or as- 
 sessors may appoint for the purpose. Upon the re- 
 fusal or neglect of a person present to accept the 
 office at the time, and upon the neglect of a person 
 so summoned, for the space of seven days, to appear 
 and take the oath, the society shall proceed to a 
 new choice ; and so from time to time, until some 
 person accepts and is sworn. 
 
 Sec. 18. Vacancies in any of the annual offices, 
 occurring after the annual meeting, may be filled at 
 any other legal meeting. 
 
 Sec. 19. The rector, or one of the wardens of religious 
 societies belonging to the body of Christians known 
 as the Protestant Episcopal Church, organized under 
 the laws of the commonwealth, may, unless it is other- 
 wise provided in some by-law, preside at their meet- 
 ings with all the power of a moderator ; and the ward- 
 ens, or the warden and vestry, may exercise all the 
 power of a standing committee, in accordance with 
 the usage and discipline of said Church. Unless 
 they assess or collect a tax on the polls, estates, or 
 pews of the members thereof, such societies need 
 not choose a collector or assessor ; and they may in 
 their by-laws provide that the duties of assessors 
 shall be performed by the wardens. But the officers 
 
92 Laws Relating to Religious Corporations. 
 
 upon whom the duties of standing committee or 
 assessors may devolve, shall in all cases be elected 
 by ballot. 
 
 Sec. 20. The qualified voters of each religious so- 
 ciety at the annual meeting, or at any other meeting 
 regularly notified seven days at least before the hold- 
 ing thereof, may grant and vote such sums of money 
 as they judge necessary for the settlement, main- 
 tenance, and support of ministers or public teachers 
 of religion ; for the building or repairing of houses of 
 public worship ; for sacred music, for the purchase 
 and preservation of burial-grounds, and for all other 
 necessary parish charges ; which sums shall be as- 
 sessed on the polls and estates of all the members 
 of the society, in the same manner and proportion as 
 town taxes are by law assessed. 
 
 Sec. 21. The assessors shall assess the taxes upon 
 the property (not exempted by law from taxation) of 
 all the members of the society, including their real 
 estate within the State, in whatever part thereof it 
 may be situated, and their personal estate, wherever 
 the same may be ; and no citizen shall be liable to 
 pay a tax for the support of public worship, or other 
 parish charges, to a society other than that of which 
 he is a member. 
 
 Sec. 22. No corporation shall be taxed for any 
 parochial purpose. Nor shall any person be taxed 
 in a parish or religious society for property held by 
 him as guardian or trustee. 
 
 Sec. 23. Every society may appoint its treasurer 
 collector of taxes, who shall have like powers, and 
 proceed in like manner, in enforcing the collection of 
 
Massachusetts. 93 
 
 such taxes after the expiration of the time fixed by 
 the society for the payments thereof as provided in 
 chapter twelve for the collection of taxes by collectors 
 of towns ; and any society may authorize its treas- 
 urer and collector to make an abatement of such sum 
 as it may agree upon, at its annual meeting, to those 
 who make voluntary payment of their taxes within 
 such periods as may be determined by the society. 
 
 Sec. 24. Unincorporated religious societies shall 
 have Hke power to manage, use, and employ any do- 
 nation, gift, or grant made to them according to its 
 terms and conditions, as incorporated societies have 
 by law ; may elect suitable trustees, agents, or officers 
 therefor, and sue for any right which may vest in 
 them in consequence of such donation, gift, or grant ; 
 for which purposes they shall be corporations. 
 
 Sec. 25.* Incorporated and unincorporated relig- 
 ious societies may appoint trustees, not exceeding 
 five in number, to hold and manage trust funds for 
 their benefit, who shall hold their offices three years, 
 and until others are appointed in their stead ; and in 
 case of a vacancy, by death or otherwise, the parish 
 may fill such vacancy at its next annual meeting, or 
 at a special meeting called for that purpose. Such 
 societies, at or before the time of the first appoint- 
 ment of the trustees, may establish rules and regula- 
 tions for their government, which shall be considered 
 as of the nature of a contract, and not subject to al- 
 teration or amendment, except by all the trustees in 
 office at the time, and by a two-thirds vote of the 
 society interested therein. 
 
 * As amended in 1869. 
 
94 Laivs Relating to Religious Corporations. 
 
 Sec. 26. The terms "religions society" and "so- 
 ciety" in the preceding sections shall include par- 
 ishes. 
 
 Sec. 27. Persons owning, or proposing to build, a 
 house of public worship, may organize themselves in 
 the same manner as religious societies are authorized 
 to do by the provisions of this chapter, and shall 
 thereupon become a corporation, with the powers, 
 privileges, duties, restrictions, and liabilities set forth 
 in chapter sixty-eight and in the following sections ; 
 but all the powers derived from such organization 
 may be revoked by the Legislature. 
 
 Sec. 28. Every such corporation may hold so 
 much real and personal estate, in addition to its 
 meeting-house, as may be necessary for its objects, 
 and has been agreed and determined on at the meet- 
 ing held for the purpose of organization, and the an- 
 nual income thereof shall be applied to parochial 
 purposes. 
 
 Sec. 29. The clerk of every such corporation shall, 
 within ten days of such meeting, leave with the clerk 
 of the town or city in which such house of worship 
 is situated, or is about to be built, a true copy of the 
 record of the proceedings. If he fails to do so, the 
 organization shall be void. The copy shall be re- 
 corded by the clerk receiving it in a book kept for 
 the purpose, for which he shall receive the fee of the 
 register of deeds for like services. 
 
 Sec. 30. When the proprietors deem it expedient 
 to alter, enlarge, repair, rebuild, or remove their 
 house, or build a new one, they may, at a legal meet- 
 ing called for that purpose, raise such sums of money 
 
Massachusetts. 95 
 
 as they may judge necessary for the purpose, and to 
 purchase land necessgj"y therefor. 
 
 Sec. 31. A meeting of the proprietors, for any of 
 the purposes aforesaid may be called in the manner 
 prescribed in the by-laws, or votes of the corpora- 
 tion, or by a warrant granted by a justice of the 
 peace on application in writing by any five of said 
 proprietors, which warrant shall be directed to one 
 of the applicants ; or such meeting may be called by 
 a notification by the clerk of the proprietors, who 
 shall warn a meeting on a like application to him, 
 and, in either case, the meeting may be warned by 
 notification served as provided in section five. 
 
 Sec. 32. Money raised may be assessed on the 
 pews in such house, and the assessment may be com- 
 mitted to the treasurer of the proprietors, who shall 
 forthwith give notice by posting up an advertisement 
 at the principal outer door of the house stating the 
 completion of such assessment, and the day of the 
 delivery thereof to him ; and if any part of the said 
 taxes remains unpaid for three months afterward, the 
 treasurer shall collect the same forthwith by sales at 
 public auction of the pews whereon the same re- 
 mains unpaid, in the manner provided in the follow- 
 ing sections. 
 
 Sec. 33. The treasurer shall post up a notification 
 of the intended sale of a pew for taxes at the princi- 
 pal outer door of such house at least three weeks 
 before the time of sale, setting forth the number of 
 the pew, if any, the name of the owner or occupant, 
 if known, and the amount of the tax due thereon ; 
 and if any part of said tax remains unpaid at the 
 
QjS Laws Relating to Religious Corporations. 
 
 time, the treasurer shall sell the pew at public auc- 
 tion to the highest bidder, and shall execute and 
 deliver to the purchaser a sufficient deed of convey- 
 ance. The money arising from the sale, beyond the 
 charges and incidental reasonable charges, shall be 
 paid by the treasurer to the former owner of the pew, 
 or to his assigns. 
 
 Sec. 34. An affidavit annexed to an original notifi- 
 cation, or to a copy thereof, made before a justice of 
 the peace, and recorded on the proprietors' records 
 within six months next after such sale, shall be al- 
 lowed as one mode of proof of the posting up of the 
 notification hereinbefore required. 
 
 Sec. 35. Such proprietors, for the purpose of build- 
 ing a new house, or of altering, enlarging, repairing, 
 rebuilding, or removing their house already built, may 
 sell their house or take down any pews therein, the 
 pews taken being first appraised by three or more 
 disinterested persons chosen by the proprietors for 
 that purpose. The pews newly rented shall be sold 
 by the treasurer at public auction to the highest bid- 
 der, and deeds thereof given in like manner as when 
 pews are sold for the payment of taxes. The money 
 arising from such sale shall be applied, so far as may 
 be necessary, to paying the appraised value of the 
 pews taken down, and the deficiency, if any, shall be 
 paid by the proprietors of such house within thirty 
 days after sale. 
 
 Sec. 36. Under the regulations of the preceding 
 section, a parish, or religious society, whenever it 
 deems it necessary, for the purpose of building a 
 new house, or of altering, enlarging, removing, or 
 
Massachusetts, 97 
 
 rebuilding its house already built, may take down 
 any pews therein or sell the house. 
 
 Sec. 37. Nothing contained in the two preceding 
 sections shall entitle a person to compensation for a 
 pew so taken down, when such house is unfit for the 
 purposes of public worship. 
 
 Sec. 38. Pews shall be personal estate. But this 
 provision shall not affect any existing right of 
 dower. 
 
 Sec. 39. Corporations for religious purposes may 
 assess upon the pews in a church or meeting-house 
 which they have erected or procured for public wor- 
 ship since the twenty-fifth of March, 1845, according 
 to a valuation of said pews which shall first be agreed 
 upon, and recorded by the clerk, sums of money for 
 the support of public worship and other parochial 
 charges, and for the repairs of the house. Such as- 
 sessments may be collected in the manner provided 
 in sections thirty- two and thirty-three. 
 
 Sec. 40. A corporation which had erected or pro- 
 cured such house prior to the twenty-fifth day of 
 March, 1845, may avail itself of the provisions of the 
 preceding section if the consent of all the pew own- 
 ers is obtained, or two thirds of the members present 
 and voting, at a regular meeting called for that pur- 
 pose, so determine. 
 
 Sec 41. A religious society which votes to avail 
 itself of the provisions of section thirty nine shall, 
 upon the application of a person owning one or more 
 pews in the house, within one year after said vote, 
 purchase the same at the appraised value. Such ap- 
 praisal shall be made by three disinterested persons, 
 
98 Laws Relating to Religious Corporations. 
 
 who may be chosen, one by the pew owner, one by 
 the society, and the third by the two persons thus 
 chosen. 
 
 Sec. 42. Any reUgious society complying with the 
 requisitions of the two preceding sections shall be 
 entitled to the privileges and subject to the liabili- 
 ties incident to those religious societies which have 
 erected or procured a meeting-house for public wor- 
 ship since the 25th day of March, 1845. 
 
 Sec. 43. The trustees of any society of the Meth- 
 odist Episcopal Church, or of the African Methodist 
 Episcopal Church, appointed according to the Disci- 
 pline or usages thereof respectively, or as such soci- 
 ety chooses, may organize and become a corporation, 
 with powers, privileges, duties, and liabilities of chap- 
 ter sixty-eight, subject, however, to account to the 
 quarterly meeting of such society, according to such 
 discipline and usages. But all powers derived from 
 such organization may be revoked by the Legisla- 
 ture. 
 
 Sec. 44. Such trustees may receive, hold, and 
 manage all the property, both real and personal, 
 belonging to such society, and sell and convey the 
 same, and hold in trust gifts, grants, bequests, or 
 donations, made to such society for the support of 
 public worship, and other religious purposes ; pro- 
 vided, that the annual income thereof, exclusive of 
 the meeting-house, shall not exceed four thousand 
 dollars. 
 
 Sec. 45. The first meeting of such trustees may 
 be called by a justice of the peace upon the appHca- 
 tion of three or more trustees, at which they may 
 
Massachusetts. 99 
 
 choose a secretary, and other officers. The provis- 
 ions of this chapter, in relation to the warning and 
 organization of meeting of reUgious societies, shall, so 
 far as the same are applicable, be in force in regard 
 to meetings for the organization of such trustees. 
 The secretary, before entering upon the duties of his 
 office, shall be sworn to the faithful discharge of the 
 same, and a record of such oath shall be kept in the 
 records of their proceedings. 
 
 Sec. 46. An attested copy of the record of the 
 proceedings at such organization shall be left with 
 the town or city clerk, and recorded within the time, 
 and in the manner, prescribed in section twenty-nine. 
 If the secretary omits to leave such copy within the 
 time specified the organization shall be void. 
 
 Chapter 31. 
 
 OF DONATIONS AND CONVEYANCES FOR PIOUS AND CHAR- 
 ITABLE USES. 
 
 Sec I. The deacons, church-wardens, or other 
 similar officers of all churches or religious societies, 
 if citizens of this commonwealth, shall be deemed 
 bodies corporate for the purpose of taking and hold- 
 ing in succession all grants and donations, whether 
 of real or personal estate, made either to them and 
 their successors, or to their respective churches, or 
 to the poor of their churches. 
 
 Sec. 2. When the ministers, elders, or vestry of a 
 church are, in the grants or donations mentioned in 
 the preceding section, joined with such deacons or 
 church-wardens as donors or grantees, such officers 
 and their successors, together with the deacons or 
 
lOO Lazus Relating to Religious Corporations. 
 
 church-wardens, shall be deemed the corporation for 
 the purposes of such grants and donations. 
 
 Sec. 3. The minister of every church or religious 
 society of whatever denomination, if a citizen of this 
 commonwealth, shall be capable of taking in succes- 
 sion any parsonage land granted to the minister and 
 his successors, or to the use of the ministers, or 
 granted by any words of like import, and may 
 prosecute and defend in all actions touching the 
 same. 
 
 Sec. 4. No conveyance of the lands of a church 
 shall be effectual to pass the same if made by the 
 deacons, without the consent of the church, or of a 
 committee of the church appointed for that purpose, 
 or if made by the church-wardens without the con- 
 sent of the vestry. 
 
 Sec. 5. No conveyance by a minister of lands 
 held by him in succession shall be valid any longer 
 than he continues to be such minister, unless such 
 conveyance is made with the consent of the town, 
 parish, or religious society of which he is a minister, 
 or unless he is the minister of an Episcopal Church, 
 and makes the conveyance with the consent of the 
 vestry. 
 
 Sec. 6. The several churches other than those of 
 the Episcopal denomination may choose committees 
 for the purpose of settling the accounts of the deacons 
 and other church officers, and if necessary, to com- 
 mence and prosecute suits in the name of the 
 church against the deacons, or other officers touch- 
 ing the same. 
 
 Sec. 7. The income of such grant or donation 
 
Massachusetts, loi 
 
 made to or for the use of a church shall not exceed 
 the sum of two thousand dollars a year, exclusive 
 of the income of any parsonage lands granted to or 
 for the use of the ministry. 
 
 Sec. 8. The overseers of each monthly meeting 
 of the people called Friends or Quakers shall be a 
 body corporate, for the purpose of taking and holding 
 in succession grants and donations of real or personal 
 estate made to the use of such meeting, or to the 
 use of any preparation meeting belonging thereto ; 
 and may alien or manage such estate according to the 
 terms and conditions of the grants and donations, and 
 prosecute and defend in any action touching the 
 same : provided^ that the income of the grants and 
 donations to any one of such meetings for the uses 
 aforesaid shall not exceed the sum of five thousand 
 dollars a year. 
 
 Sec. 9. All trustees, whether incorporated or not, 
 who hold funds given or bequeathed to a city or town 
 for any charitable, rehgious, or educational purpose, 
 shall make an annual exhibit of the condition of such 
 funds to the Board of Aldermen of the city, or the 
 selectmen of the town, to which such funds have been 
 given or bequeathed, and all transactions by the trust- 
 ees concerning such fund sshall be open to inspec- 
 tion by the Board of Aldermen of the city, or se- 
 lectmen of the town, to which the returns are made. 
 
 Sec. 10. The probate court for the county in 
 which the city or town is situated, to which funds 
 have been given or bequeathed as aforesaid, may, on 
 the petition of five persons, cite all parties interested 
 to appear before the court, to answer all complaints 
 
102 Laws Relating to Religious Corporatio7is. 
 
 which may then and there be made ; and if a trustee 
 has neglected or refused to render such annual 
 exhibits, or is incapable of discharging the trust re- 
 posed, or unsuitable to manage the affairs of the same, 
 the court may remove such trustees and supply the 
 vacancy. 
 
 Chapter 32. 
 
 OF ASSOCIATIONS FOR RELIGIOUS, CHARITABLE, AND ED- 
 UCATIONAL PURPOSES. 
 
 Sec. I. Seven or more persons within this State 
 having associated themselves, by agreement in writ- 
 ing, for educational, charitable, or religious purposes, 
 under any name by them assumed, and complying 
 with the provisions of this chapter, with their suc- 
 cessors, shall be and remain a body politic and cor- 
 porate. 
 
 Sec. 2. The purpose of such corporation, and the 
 place within which it is established or located, shall 
 be distinctly specified in its articles of association ; 
 which articles and all amendments thereto shall be 
 recorded in the office of the register of deeds for the 
 county or district wherein such place is situated, and 
 such corporation shall appropriate its funds to no 
 other purpose. 
 
 Sec. 3. Corporations organized under this chapter 
 shall have the powers and privileges, and be subject 
 to the duties, liabilities, and restrictions, set forth in 
 chapter sixty-eight, so far as the same may be appli- 
 cable. 
 
 Sec. 4. Such corporations may hold real and person- 
 al estate, necessary for the purpose of their organiza- 
 
Massachusetts, 103 
 
 tion, to an amount not exceeding one hundred thou- 
 sand dollars. 
 
 Sec. 5. This estate shall not be exempted from 
 taxation in any case where part of the income or 
 profits of their business is divided among members 
 or stockholders, or where any portion of such estate is 
 used or appropriated for any other than educational, 
 charitable, or religious purposes. 
 
 LAWS OF 1869. 
 
 Sec. I. Any parish or religious society may ad- 
 mit to membership women, who shall have all the 
 rights and privileges of men. 
 
 Sec. 2. Any territorial parish may admit to mem- 
 bership persons not residents of its territory. 
 
 Chapter 165. 
 DISTURBING RELIGIOUS WORSHIP. 
 
 Sec. 21. Whoever willfully interrupts or disturbs 
 any assembly of people met for the worship of God 
 shall be punished by imprisonment in the jail not 
 exceeding thirty days, or by fine not exceeding fifty 
 dollars. 
 
 Sec. 22. Whoever, during the time of holding any 
 camp or field meeting for reUgious purposes, and 
 within one mile of the place of holding such meet- 
 ing, hawks or peddles goods, wares, merchandise, or, 
 without permission from the authorities having charge 
 of such meeting, establishes any tent or booth for 
 vending provisions or refreshments or practices, or 
 engages in gaming or horse-racing, or exhibits, or 
 
104 Laivs Relating to Religions Corporations. 
 
 offers to exhibit, shows or plays, shall forfeit for each 
 offense a sum not exceeding twenty dollars ; provided, 
 that a person having his regular and usual place of 
 business within such limits is not hereby required to 
 suspend his business. 
 
 Chapter X V I I I. — M i e h i g a n. 
 
 Eevised Statutes of 1S71.— Chapter 108. 
 
 Organization — Minister may Preside — Notice of Election— Certifi- 
 cate — Rights and Powers of Trustees — Meetings — How called — 
 Voters— Order of Sale — Protestant Episcopal Church — Presbyterian 
 Churches — Roman Catholic Churches — Offenses. 
 
 Sec. I. The People of the State of Michigan enact y 
 That chapter fifty-two of the Revised Statutes of 
 eighteen hundred and forty-six, entitled, " Of Relig- 
 ious Societies," be and the same is hereby repealed, 
 saving all rights which may have occurred under the 
 same, subject to the modifications provided in this act. 
 
 Sec. 2. It shall be lawful for any number of per- 
 sons of full age, not less than five, who may be de- 
 sirous of forming themselves into a church, congre- 
 gation, or religious society, to sign articles of asso- 
 ciation for that purpose, and assemble together at 
 such place as they may select, and by plurality of 
 votes elect any number of discreet persons being 
 laymen, not less than three nor more than nine in 
 number, as trustees to take charge of the property 
 belonging to, and transact all the affairs relative to 
 the temporalities of such church, congregation, or re- 
 ligious society. 
 
 Sec. 3. It shall be lawful for any such church, con- 
 
Michigan, 105 
 
 gregation, or religious society to choose their minis- 
 ter, priest, curate, rector, parson, or officiating clergy- 
 man, 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 their articles of 
 association, and at any subsequent elections, every 
 person of full age who has for six months been a 
 stated worshiper with, or contributor regularly for 
 one year previous to the support of such church, con- 
 gregation, or society, will be entitled to vote. 
 
 Sec. 4. The minister, priest, curate, parson, or 
 officiating clergyman of such congregation or socie- 
 ty, or if none of them be present, one of the elders 
 or deacons, church-wardens or vestry-men thereof, 
 and, for want of such officers, any other person being 
 a member or stated hearer in such church, congrega- 
 tion, or society, must publicly notify such congrega- 
 tion of the time when, and the place where, any 
 election shall he 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 election. 
 
 Sec. 5. Any two of the elders, deacons, church- 
 wardens, or vestry-men of such church, congregation, 
 or society, or if such officers be not present, then 
 any two voters present, to be nominated by a majori- 
 ty of voters, will act as inspectors of the election, re- 
 ceive the votes, and determine the qualification of 
 voters ; and they are required immediately after the 
 election to certify, under their hands and seals, the 
 
io6 Lazvs Relating to Religious Corporations. 
 
 names of the persons elected to serve as trustees or 
 vestry-men, in which certificate the name by which 
 the said trustee or vestry-men, and their successors in 
 office, shall forever thereafter be known and called, 
 must be particularly mentioned and specified, and 
 such trustees in said certificate be denominated ves- 
 try-men, or church-wardens and vestry-men, executive 
 committee, or any other name stated in the certifi- 
 cate ; provided always, That they shall have all the 
 power specified in this act, and be elected in the 
 manner provided for in this act. 
 
 Sec. 6. Such certificate must be acknowledged by 
 the persons making the same, or proved by a sub- 
 scribing witness thereto before some officers author- 
 ized to take acknowledgment 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 worship of such 
 congregation shall be situated, who is entitled to a 
 fee of seventy- five cents for such recording ; and 
 thereafter it is declared that such trustees and their 
 successors shall be a body corporate by the name 
 expressed in such certificate. 
 
 Sec. 7. Such trustees may have a common seal, 
 and may alter the same at pleasure ; and they may 
 take into their possession and custody all the tempo- 
 ralities of such church, congregation, or society, 
 whether the same shall consist of real cr personal 
 estate, and whether the same may have been given 
 granted, or devised, directly or indirectly, to such 
 church, congregation, or society, or to any other per- 
 son for their use. 
 
Michigan, 107 
 
 Sec. 8. 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 privileges, all churches, buildings, bury- 
 ing-places, and all the estate and appurtenances be- 
 longing to such church, congregation, or society, in 
 whatsoever manner the same may have been ac- 
 quired, 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 said trustees ; 
 and they may hold moneys or personal estate, raised 
 or acquired for the purpose of erecting churches or 
 houses of residence for their minister or priest, or 
 for the purchase of burial-ground, 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 exceeding three years, any land which may be 
 lawfully conveyed to them, not exceeding five thou- 
 sand dollars in value, to be sold for the purpose of 
 raising a fund for erecting, repairing, or improving a 
 church or churches, or other building aforesaid, or 
 for the purchase or improvement of any cemetery or 
 burial-ground. But all such lands shall revert to the 
 donor or grantor, his or her heirs or assigns, if not 
 disposed of within the time aforesaid. 
 
 Sec. 9. The said trustees or wardens and vestry- 
 men shall also have authority, under the direction of 
 the society, to sell and convey, mortgage or release 
 [lease], any real estate belonging to such society, or 
 held by them as trustees, or wardens and vestrymen, 
 and to erect churches and meeting-houses and dwell- 
 
io8 Laivs Relating to Religious Corporations. 
 
 ing 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 ; provid- 
 ed, that no such sale or conveyance shall be made 
 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 con- 
 veyed or devised to or for the use of such church, 
 congregation, or society ; nor unless the vote or as- 
 sent of at least two thirds of those present and enti- 
 tled to vote, at any meeting of the society duly and 
 specially called for that purpose, shall be obtained 
 therefor. 
 
 Sec. 10. They shall 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 belonging thereto, and to order and 
 regulate the renting of pews or slips in their meet- 
 ing-houses and 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. 
 
 Sec. 1 1. They may appoint a clerk and a treasurer 
 of their board, and a collector to collect their rents 
 and revenues, and may regulate the fees to be al- 
 lowed such clerk, treasurer, and collector, and may 
 remove them and appoint others in their stead at 
 pleasure ; and such clerk shall enter all rules and 
 orders made by such trustees, and payments ordered 
 by them, in a book to be procured by them for that 
 purpose. 
 
Michigan. 109 
 
 Sec. 12. Any two of the trustees may at any time 
 call a meeting of the trustees, and a majority of them 
 being lawfully convened, shall be competent to do 
 and perform all matters and things which such trust- 
 ees are authorized to do and perform ; and said trust- 
 ees may elect their minister, priest, curate, rector, 
 parson, or officiating clergyman of said society, for 
 the time being, to preside at such meetings, who 
 shall have no vote except in case of a tie of the 
 board, when he shall have a casting vote. 
 
 Sec. 13. The trustees shall hold their offices for 
 three years, and immediately after their first election, 
 as hereinbefore provided, the said trustees shall be 
 divided by lot into three classes, numbered one, two, 
 and three ; and the seats of the first class shall 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 
 near as may be one third part of the whole number 
 of the trustees may be annually chosen ; piwided, 
 however, that any persons entering into articles of 
 association, as aforesaid, may provide in said articles 
 for the election of the whole board of trustees once 
 in each year, at such time as they may appoint, in 
 the manner above described, and said whole number 
 may be elected in conformity to such provisions. 
 
 Sec. 14. It shall be the duty of the clerk of said 
 trustees, at least one month before the expiration of 
 the office of any of said trustees, to notify the same, 
 in writing, to the minister, priest, curate, rector, par- 
 son, or officiating clergyman, or, in case of his death 
 
 or absence, to the elders or church-wardens ; or if 
 9 
 
no Lazvs Relating to Religious Corporations. 
 
 there be no elders or church-wardens, then to the 
 deacons or vestry-men of any such church, congre- 
 gation, or society, specifying in such notice the 
 names of the trustees whose office will expire ; and 
 the minister, priest, curate, rector, parson, or other 
 officer receiving such notice, shall, in manner afore- 
 said, notify the members of such church, congrega- 
 tion, or society of such vacancies, and appoint the 
 time and place for the election to supply the same. 
 
 Sec. 15. Such election shall be held at least six 
 days before vacancies shall occur, as aforesaid ; and 
 all such subsequent elections shall be held and con- 
 ducted by the like persons, and in the same m.anner 
 as hereinbefore provided for the first election ; and 
 in case any vacancy shall occur by the death of a 
 trustee, his refusal to act, or removal from the so- 
 ciety before his term of office expires, or otherwise, 
 notice thereof shall be given, as aforesaid, and an 
 election shall be held, and another trustee chosen in 
 his stead for the remainder of his term. 
 
 Sec. 16. No person belonging to any such Church, 
 congregation, or society, incorporated under the pro- 
 visions of this act, shall be entitled to vote at any 
 election after the first, until he shall have been an at- 
 tendant on public worship in such church, congrega- 
 tion, or society, at least six months next before such 
 election, and shall have contributed to the support of 
 such church, congregation, or society, according to 
 the usages and customs thereof 
 
 Sec. 17. The clerk of the trustees shall keep a 
 register of the names of all such persons as shall de- 
 sire to become stated hearers in the said church, 
 
Michigan. ill 
 
 congregation, or society, and shall note therein the 
 time when such request was made ; and the said 
 clerk shall attend all subsequent elections in order to 
 test the qualifications of such voters in case they 
 shall be questioned. 
 
 Sec. 1 8. Nothing in this act shall be construed to 
 give such trustees the power to fix or ascertain the 
 salary or compensation to be paid any minister, or 
 priest, curate, rector, or parson, but the same shall 
 be ascertained and fixed by a majority of such society 
 entitled to vote at the election of trustees. 
 
 Sec. 19. It shall be lawful for the Circuit Court for 
 the county in which such religious corporation shall 
 have been constituted, on the application of such cor- 
 poration, if such 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 said court, shall 
 conceive to be for the interest of such corporation ; 
 provided, that no sale shall be authorized by the court 
 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 con- 
 veyed or devised to or for the use of such church, con- 
 gregation, or society, prior to the passage of this act. 
 
 Sec. 20. At least thirty days' previous notice of 
 any such application to the Circuit Court shall 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. 
 
1 1 2 Laivs Relating to Religions Corporations. 
 
 Sec. 21. All lands, tenements, and hereditaments 
 that have been or may hereafter be lawfully conveyed 
 by devise, gift, grant, purchase, or otherwise to any 
 persons as trustees in trust, for the use of any church, 
 congregation, or religious society organized, or which 
 may be hereafter organized, within this State, either 
 for a meeting-house, burial-ground, or for the resi- 
 dence of a preacher or priest, shall vest and descend, 
 with the improvements, in perpetual succession to, 
 and shall be held by the trustees provided for by this 
 act, in trust for such church, congregation, or society. 
 
 Sec. 22. No bishop, vicar, rector, parson, curate, 
 priest, deacon, or other officer of any church, relig- 
 ious body, order, society, or association ; no superior 
 officer or member, male or female, of any religious 
 order, ecclesiastical or lay, nor of any ecclesiastical, 
 educational, or charitable institution or establish- 
 ment, shall, in consequence of such office or mem- 
 bership, or in the character or capacity of such officer 
 or member, have, possess, or exercise any power, ca- 
 pacity or franchise of a corporation sole, so far as re- 
 lates to the taking, holding, managing, selling, or 
 transmitting property ; and every gift, grant, de- 
 vise, bequest, conveyance, or lease of any real es- 
 tate, or interest therein, or any use or benefit to 
 arise therefrom, or of money, or of other property 
 to be invested therein, or to arise therefrom here- 
 after 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, shall be utterly 
 void to all intents and purposes ; and no corporation 
 
Michigan. 1 1 3 
 
 for religious, ecclesiastical, educational, or charitable 
 purposes, shall be recognized as existing by the com- 
 mon law, the canon law, or by prescription, or in any 
 other manner, except by express statute of this State ; 
 provided, that this section shall in no way invaHdate 
 any right of property, or right of action heretofore 
 vested ; and provided ficrther, that this section is not 
 intended as any implication or admission of any previ- 
 ous corporate capacity incident to such official char- 
 acter or membership as herein above mentioned. 
 
 Sec. 23. Neither the canon law nor the decrees, 
 nor any decree or order of any ecclesiastical council 
 or body, nor any custom or usage founded thereon, 
 nor any custom or usage of any church, congregation, 
 or religious society, or religious order, shall hereafter 
 be recognized or enforced in this 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 use or trust con- 
 nected or to be connected therewith ; provided, never- 
 theless, that this section shall not in any manner impair 
 or invalidate any grant, devise, or other conveyance 
 heretofore made, nor shall this section be construed 
 as a recognition of the prior legality or obligation of 
 such law, usage, or custom in this State. 
 [Secs. 24 and 25 were repealed in 1867.] 
 Sec. 26. No grant, conveyance, devise, or lease of 
 any real estate, dedicated or appropriated to the pur- 
 poses of religious 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 
 
1 14 Laws Relating to Religious Corporations. 
 
 their official capacity, shall hereafter vest any right, 
 title, or interest in any person or persons to whom 
 such grant, conveyance, devise, or lease may be 
 made, unless the same shall be made to a corpora- 
 tion organized under some statute of this State, or 
 of the late territory of Michigan, or under the pro- 
 visions of this act or some act heretofore passed, 
 amending or altering the same. 
 
 Sec. 27. Every church, congregation, or rehgious 
 society heretofore incorporated in pursuance of any 
 statute of this State, or of the late territory of Mich- 
 igan, and not since dissolved, shall be and is hereby 
 established and confirmed, subject, nevertheless, to 
 the provisions of this act, so far as they may be 
 constitutionally subjected thereto, without impairing 
 rights heretofore legally vested. And all vacancies 
 which may hereafter occur in the office of trustee of 
 any church or religious society heretofore incorpo- 
 rated under any statute of this State or of the late 
 territory of Michigan, shall be filled by an election as 
 provided for the filling of vacancies in such office 
 under this act ; and in case of the dissolution of any 
 corporation, or of any corporation hereafter to be 
 formed in pursuance of the provisions of this act, 
 for any cause whatever, the same may be incorpo- 
 rated under the provisions of this at any time within 
 six years after such dissolution, and thereupon all the 
 estate, real and personal, formerly belonging to the 
 same, and not lawfully disposed of, shall vest in such 
 corporation, as if there had been no dissolution. 
 
 Sec. 28. The provisions of this chapter shall ap- 
 ply to all churches, religious congregations, religious 
 
Michigan, 115 
 
 societies, religious and ecclesiastical orders, and every 
 association of persons for religious purposes. 
 
 PRESBYTERIAN CHURCHES. 
 
 Sec. I. The People of the State of Michigan enacts 
 That whenever any church, tlie government of which 
 by its constitution and usages is vested in ruling 
 elders, shall desire to have and possess corporate 
 powers and privileges, the session or consistory of 
 such churcli may execute and acknowledge before 
 any officer authorized to take acknowledgment of 
 deeds a certificate which shall contain — 
 
 First. The name of the proposed corporation. 
 
 Second. The township or city and county in which 
 it is located. 
 
 Third. The election of such church whether the 
 corporate power shall be vested in the ruling elders 
 and deacons thereof, or in the deacons alone, and 
 whether the pastor of such church shall or shall not 
 be a member of such corporation. 
 
 Fourth. The election of such church whether the 
 acts of the officers named in the exercise of their 
 corporate power shall or shall not be reviewed by the 
 highest judicatories of the church in the mode pre- 
 scribed by the constitution and usages thereof. 
 
 Sec. 2. Such certificate shall be signed by at least 
 a majority of such session or consistory, and when 
 duly acknowledged by the signers thereof, shall be 
 recorded in the office of the county clerk of the 
 county named therein, and thereupon the pastor, 
 ruling elders, and deacons, the pastor and the dea- 
 cons, or the deacons as the case may be, shall 
 
1 1 6 Lazus Relating to Religious Corporations. 
 
 become a corporation by the name expressed in said 
 certificate ; but a vacancy in the office of pastor 
 shall in no degree affect such corporation. 
 
 Sec. 3. If in any case where the corporate powers 
 are vested in deacons alone their number shall be 
 less than two in office, and residing within the bounds 
 of the congregation then during such time the rul- 
 ing elders of such church shall be members of said 
 corporation. 
 
 Sec. 4. Any person who shall become duly in- 
 vested with the office of pastor, ruHng elder, or dea- 
 con in any particular church, shall become a mem- 
 ber of the corporation enacted for that church, sub- 
 ject to the election of the church, as determined un- 
 der the provisions of the first section of this act, and 
 the corporate functions of all officers shall cease on 
 the vacation of the ecclesiastical office. 
 
 Sec. 5. If it shall happen that any church whose 
 officers have been incorporated under this act shall 
 be temporarily without officers, such corporation shall 
 not for that cause be dissolved, but the presbytery, 
 or classis to which the church belongs, may appoint 
 trustees to execute the functions of such corpora- 
 tion during the existence of the disabihty, but no 
 longer. 
 
 Sec. 6. The congregation of any church of the 
 description named in the first section of this act, the 
 trustees of which have been incorporated under any 
 law of this State, may elect to dissolve their existing 
 organization, and take corporate powers under this 
 act ; provided, that the consent of two thirds of all 
 persons present at a public meeting, and who are 
 
Michigan, wj 
 
 entitled to vote for trustees under such law, be ob- 
 tained, of which meeting due notice of the time and 
 place and object thereof shall be given, in the man- 
 ner prescribed by section 2012 of the compiled laws. 
 If such consent shall be obtained, a certificate there- 
 of shall be executed, and acknowledged by the presid- 
 ing officer and secretary of such meeting, and shall be 
 recorded in the office of the clerk of the county 
 where the original certificate of incorporation was 
 recorded ; and on compliance with the provisions of 
 this act, providing for the creation of such corpora- 
 tions, all the property, powers, duties, trusts, and 
 obligations of every kind possessed by, or pertaining 
 to, the original corporation, shall be transferred to, 
 and become vested in, the corporation organized for 
 the same church under this act. 
 
 Sec. 7. Every corporation created under this act 
 may sue and be sued in all courts and places, may 
 have a common seal, and may alter the same at pleas- 
 ure ; may take into their possession and custody all 
 the temporalities of the church or congregation, 
 whether the same shall consist of real or personal 
 estate, and may recover and hold all debts, demands, 
 rights and privileges, all churches, buildings, and 
 burying-places, belonging to the church or congrega- 
 tion, 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 such corporation, 
 and may hold such an amount of real estate as shall 
 be reasonably necessary for a church, lecture, or 
 school-room, for burying-places, and for dwellings for 
 
1 1 8 Lazvs Relating to Religious Corporations. 
 
 the ministers thereof; but it shall not be lawful for such 
 corporation to hold real estate for any other purpose. 
 
 Sec. 8. Every corporation created under this act 
 shall also have authority, under the direction of the 
 congregation, to erect churches and meeting-houses, 
 dwelling-houses for their ministers, and other build- 
 ings for the legitimate use of the church or congrega- 
 tion, and to alter and repair the same, and also, under 
 the direction of the congregation, to execute and 
 acknowledge any obligations and securities upon the 
 property of such church or congregation for the pay- 
 ment of just liabilities which may be created in the 
 erection or repair of such church, meeting-house, or 
 other buildings. 
 
 Sec. 9. No corporation created under this act 
 shall have the power to fix the salary or compensa- 
 tion to be paid any minister, but the same shall be 
 fixed by the congregation according to the constitu- 
 tion and usages of such church. 
 
 PROTESTANT EPISCOPAL CHURCH. 
 
 Sec. I. That it shall be lawful for any six or more 
 persons professing attachment to the Protestant 
 Episcopal Church to execute and acknowledge before 
 any person authorized to take acknowledgments of 
 deeds one or more duphcate articles of agreement in 
 writing, whereby they shall agree to organize a church 
 according to the usages of the Protestant Episcopal 
 Church, by the name and style set forth in such ar- 
 ticles ; and upon the execution and acknowledgment 
 thereof, such Church shall become a body politic and 
 corporate by the name set forth in such articles in 
 
Michigan. 119 
 
 accordance with the canons, doctrines, discipHne, 
 and worship of the Protestant Episcopal Church. 
 
 Sec. 2. Such articles shall contain : — 
 
 First. The name of the purposed church. 
 
 Second. The township, or city and county, in which 
 it is located. 
 
 Third. The number of vestry-men, not exceeding 
 ten, who shall have charge of the affairs of such church 
 and the time of the annual meeting, which shall be 
 in Easter week ; and no church shall be organized in 
 any township or city bearing the same name with 
 any other Protestant Episcopal Church theretofore 
 organized therein. 
 
 Sec. 3. Such articles of agreement, when duly 
 signed and acknowledged, shall be recorded in the 
 office of the county clerk of the county in which such 
 church is located ; and it shall not be lawful for any 
 such church to acquire the title to any property until 
 such articles are recorded. 
 
 Sec. 4. Any three or more persons who have 
 signed any such articles of agreement may call the 
 first meeting of such church, at such time and place 
 as they may see fit, by publishing nJlice for ten days 
 previous to the time of such meeting in some news- 
 paper published in the city or township in which such 
 church is located ; and if no newspaper is published 
 therein, then such notice may be given by posting 
 the same in three of the most public places in such 
 city or township, and at the meeting the affidavit of 
 such posting or pubHshing shall be produced and re- 
 corded in the minutes. And it is ftirther provided, 
 That at such meeting, in addition to the signing of 
 
1 20 Laivs Relating to Religious Corporations. 
 
 such articles, any male person of full age shall be en- 
 titled to vote who shall sign a declaration in writing, 
 to be kept in the book of minutes, whereby he shall 
 signify his intention of attaching himself to said 
 church, and accepting the terms of such articles. 
 Vestry-men of the church shall be elected at said meet- 
 ing or any adjournment thereof. 
 
 Sec. 5. At all subsequent meetings the right of 
 voting shall be confined to the persons who became 
 actually entitled to vote at the first meeting, and to 
 such others, male persons of full age, as have during 
 the year previous been stated worshipers in such 
 church, and owned or rented a pew therein, or been 
 stated contributors to its support. The annual meet- 
 ing shall take place at such time in Easter week as 
 shall be fixed in said articles, and at such annual 
 meeting an election of vestry-men shall be had, to 
 serve until the next annual meeting, and until their 
 successors are chosen. 
 
 Sec. 6. The vestry-men shall choose two of their 
 number to be wardens. They may also appoint a 
 secretary and treasurer from their own number, and 
 may employ such other agents and servants as they 
 may see fit. Meetings of the vestry-men may be 
 called b)^ the rector of the church, or by either war- 
 den, or by any two other vestry-men, and a majority 
 in number of the vestry-men 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 one of the wardens, if present, 
 must preside. All vacancies in such vestry may be 
 
Michigan. 12 1 
 
 filled by the vestry-men at any meeting, and the per- 
 sons elected to fill such vacancies may hold for the 
 same period as their predecessors would have done. 
 
 Sec. 7. All the temporal affairs of such churches 
 shall be managed by the vestry-men thereof, and they 
 shall 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 be- 
 longing 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. It shall be lawful for such corporations 
 to hold such amount of real estate as shall be rea- 
 sonably necessary for a church and lecture or school- 
 room, and dwellings for the ministers thereof; but it 
 shall not be lawful for such corporation to hold or 
 use any real estate for any other purpose. This act 
 shall take effect immediately. 
 
 ROMAN CATHOLIC CHURCH. 
 Act approved March 27, 1867. 
 
 Sec. I. The People of the State of Michigan enacts 
 that all gifts, grants, deeds, wills, and other convey- 
 ances, wherein or whereby any lands, tenements, or 
 other property within this State have been given, 
 devised, or granted, or in any manner conveyed, by 
 any person or persons whatsoever, unto any person 
 or persons by the name, style, or title of Roman 
 Catholic or Catholic bishop of the diocese of Bards- 
 town, Kentucky, or his successors, or the Roman 
 Catholic bishop or Catholic bishop of Cincinnati, 
 Ohio, and his successors in office, or to the Roman 
 
122 Lazvs Relating to Religious Corporations. 
 
 Catholic or Catholic bishop of Detroit, or adminis- 
 trator of Detroit and his successors, or to the Roman 
 Catholic or Catholic Bishop of Sault St. Marie, or to 
 the Roman Catholic or Catholic Bishop of Marquette 
 or his successors, or to any other person or persons 
 upon the trust expressed or implied, to take, hold, 
 and receive the same for the use and benefit of any 
 religious congregation of Roman Catholics, or for 
 the support, aid, and maintenance of any hospital, 
 alms-house, seminary, church, parsonage, or the bur- 
 ial-ground, or other religious or charitable purpose 
 within this State ; and all such gifts, grants, deeds, 
 wills, and other conveyances which may hereafter be 
 made, shall be sufficient and effectual in law to vest 
 the legal title of, in, and to said lands and tenements, 
 in such grantee or devisee in the present bishops or 
 administrators of the Roman Catholic diocese within 
 the State of Michigan, in their respective dioceses, 
 and in the persons who after them may become Ro- 
 man Catholic bishops of said dioceses, and in the 
 successors of said Roman Catholic bishops forever 
 in trust for the uses and purposes for which the said 
 property is or may be hereafter acquired, granted, 
 doneed, and in no other person or persons whatever ; 
 provided, that it shall be necessary, in relation to all 
 gifts, grants, deeds, wills, and other conveyances 
 heretofore made, as aforesaid, that the person or 
 persons to whom the same were made, or to such 
 persons as they may have conveyed to if living, shall 
 release their estate or interest therein to the said 
 Roman Catholic bishops in the State of Michigan 
 within their respective dioceses ; a7id provided further^ 
 
Michigan. 123 
 
 that nothing in this act shall be taken or construed 
 to give or grant to the said Roman Catholic bishops 
 or administrators of the said dioceses of the State of 
 Michigan, or their successors, the right to hold real 
 estate in trust for any society, except for charitable, 
 religious, or literary purposes, or for burial-grounds, 
 as provided for in this act. 
 
 Chapter 249. 
 OFFENSES AGAINST DECENCY. 
 
 Sec. 25. No person shall willfully disturb, inter- 
 rupt, or disquiet any assembly of people met for re- 
 ligious worship, by profane discourse, by rude and 
 indecent behavior, or by making a noise either with- 
 in the place of worship, or so near it as to disturb the 
 order and solemnity of the meeting; nor shall any 
 person within two miles of the place where any re- 
 ligious society shall be actually assembled for relig- 
 ious worship expose to sale or gift any ardent or 
 distilled liquors, wine, beer, cider, fruit, or any other 
 article of food or merchandise, or keep open any 
 huxter shop in any other place, inn, stand, or gro- 
 cery, than such as shall be or have been duly li- 
 censed, or in which such person shall have usually 
 carried on such business ; nor shall any person within 
 the distance aforesaid promote, aid, or be engaged in 
 any racing of any animals, or in any gaming of any 
 description ; nor shall any person obstruct the free 
 passage of any highway to any place of pubUc wor- 
 ship within the distance aforesaid. 
 
 Sec. 26. Whoever shall violate either of the pro- 
 visions of the foregoing section may be convicted 
 
124 Laws Relating to Religious Corporations, 
 
 summarily before any justice of the peace of the 
 county, or any mayor, recorder, alderman, or other 
 magistrate of any city or township where the offense 
 shall be committed, and on such conviction shall for- 
 feit a sum not exceeding twenty-five dollars, for the 
 benefit of the township libraries in the township in 
 which such conviction is had. 
 
 Sec. 27.* It shall be the duty of all sheriffs, and 
 their deputies, coroners, marshals, constables, and 
 other peace officers, all presiding elders, and minis- 
 ters of the Gospel, deacons, stewards, and official 
 members of any church, or religious society, who 
 may be present at the meeting of any assembly for 
 religious worship, which shall be interrupted or dis- 
 turbed in the manner herein prohibited, on sight to 
 apprehend the offender and take him before some 
 justice of the peace, or other magistrate authorized 
 to convict as aforesaid, to be proceeded against ac- 
 cording to law. 
 
 Chapter XIX,— Minnesota. 
 
 General Statutes of 1866-7— Chapter 34. 
 
 Body of the Law copied from New York Law of 18 13 — Who may 
 Vote — Sale of Real Estate — Succession Established — Trustees may 
 be chosen according to Denominational Usage — Disturbing Religious 
 Meetings. 
 
 The laws for the incorporation of religious societies 
 in this State are copied from those of the State of 
 New York, passed in 1813, and differ from them in 
 the following sections only. (See New York.) 
 
 * As amended in 1871. 
 
Mmncsota. 125 
 
 Sec. Z2, No person belonging to any such church, 
 congregation, or society, incorporated under the pro- 
 visions of this chapter, is entitled to vote at any elec- 
 tion after the first, until he has been an attendant on 
 public worship in such church, congregation, or so- 
 ciety at least six months before such election, and 
 contributed to the support of such church, congrega- 
 tion, or society, according to the usages and customs 
 thereof. 
 
 Sec. 85.* It shall be lawful for any religious cor- 
 poration, organized under the provisions of this 
 title, by and through their trustees, to sell and cor- 
 vey, encumber, or otherwise dispose of any real estate 
 belonging to such corporation ; provided, however, 
 that no such conveyance or encumbrance shall be 
 made by the trustees, except when first authorized to 
 make the same, by a resolution of such society passed 
 at a meeting thereof called for that purpose, notice 
 of the time, place, and object of which shall be given 
 at least four successive Sabbaths on which such society 
 statedly meet for public worship immediately preced- 
 ing the time specified for such meeting ; and proof 
 of the fact of such notice, meetings, and resolutions 
 may be made by the affidavits of one of such trustees, 
 or by any of the members of such society cognizant 
 of the facts. Such affidavits may be recorded at 
 length in the office of the register of deeds of the 
 county where the premises are situated, and the 
 same, and the records thereof aforesaid, or certified 
 copies of such records, shall be presumptive of the 
 facts therein contained. 
 
 * As amended March, 1867, 
 10 
 
1 26 Lazvs Relating to Religious Corporations. 
 
 Sec. ^y. All lands, tenements, and hereditaments 
 lawfully conveyed by devise, grant, purchase, or other- 
 wise, to any persons as trustees for the use of any 
 religious society organized, or which may hereafter 
 be organized, within this State, either for a meeting- 
 house, burial-ground, or for the residence of a preach- 
 er, shall descend with the improvements, in perpetual 
 succession to, and shall be held by, such trustees in 
 trust for such society. 
 
 Sec. 88. Whenever, by the constitution, rules, or 
 usages of a particular church, or religious denomina- 
 tion, trustees are required to be appointed by any 
 ministers, presiding elders, or other officers of such 
 church or denomination, such ministers, presiding 
 elders, or other officer, or officers shall give to such 
 trustees a certificate of their appointment under the 
 hand and seal of the person making the same, speci- 
 fying the name by which such trustees and their suc- 
 cessors shall forever thereafter be called and known, 
 which certificate shall be acknowledged, and proved, 
 and recorded as hereinbefore directed ; whereupon 
 such trustees and their successors, appointed in the 
 same manner, shall be a body corporate, by the name 
 expressed in such certificate, with all the rights, pow- 
 ers, and privileges of other religious corporations con- 
 stituted according to the provisions of this title. 
 
 Sec. 89. Whenever, by the constitution, rules, and 
 usages of any particular church or religious denomi- 
 nation, the ministers, elders, and deacons, or other 
 officers, elected by any church or congregation, ac- 
 cording to such constitution, rules, or usages, are 
 thereby constituted the trustees of such church or 
 
Minnesota, 127 
 
 congregation, such minister or ministers, elders or dea- 
 cons, or other officers, may assemble together and ex- 
 ecute under their hands and seals a certificate, stating 
 therein the name by which they, and their successors 
 in office, shall forever thereafter be called and known, 
 which certificate shall be acknowledged, or proved 
 and recorded as hereinbefore directed ; whereupon 
 such persons, and their successors in office, shall be 
 a body corporate by the name expressed in such cer- 
 tificate, with all the rights, powers, and privileges of 
 other religious corporations constituted according to 
 the provisions of this title. 
 
 Chapter 100. 
 DISTURBING RELIGIOUS MEETINGS. 
 
 Sec. 23. No person shall keep any shop, tent, 
 booth, wagon, carriage for the sale of, or shall sell, 
 give, or expose for sale, any spirituous or intoxicat- 
 ing Hquors, goods, or merchandise of any kind, within 
 two miles of any public assembly, camp or grove- 
 meeting, convened for the purpose of religious wor- 
 ship ; but this shall not be construed to prevent any 
 person from selling merchandise at the shop or store 
 where he usually transacts business, nor from selling 
 liquors in any place where he has received a license 
 therefor, before the appointment of such religious 
 meeting, nor to prevent any peddler from selling his 
 goods to any person at the usual place of business, 
 or residence of such person. 
 
 Sec. 24. Whoever is guilty of a breach of the pre- 
 ceding section, upon conviction thereof before any 
 justice of the peace shall be fined not exceeding 
 
128 Laivs Relating to Religious Corporations. 
 
 thirty dollars, or imprisoned in the county jail for 
 any term not exceeding thirty days, or may be sen- 
 tenced to both said punishments. 
 
 Sec. 25. Whoever is guilty of noisy, rude, or in- 
 decent behavior, of exhibiting shows or plays, or pro- 
 moting or engaging in horse-racing, or gambling, at 
 or near any such religious meeting, so as to interrupt 
 or disturb the same, or at any religious meeting of the 
 citizens of this State, maliciously cuts, or otherwise 
 injures or destroys, any harness, or tents, or other 
 property belonging to any tent-holder or other per- 
 son, upon conviction thereof before any justice of the 
 peace shall be fined not exceeding fifty dollars ; or if 
 the offense is of an aggravated nature, he may be 
 held to recognize, with sufficient sureties, to appear 
 at the District Court next to be holden in the same 
 ocunty, and upon conviction before such court he 
 shall be fined in any sum not exceeding one hundred 
 dollars, or imprisonment in the county jail not ex- 
 ceeding ninety days, or by both such fine and im- 
 prisonment. 
 
 Sec. 26. No prosecution for any violation of the 
 provisions of the last three sections shall be sus- 
 tained, unless commenced within sixty days after the 
 commission of such offense. 
 
Mississippi. 129 
 
 Chapter XX. Mississippi, 
 
 Eevised Code, 1857.— Chapter 35. 
 
 How to Incorporate — Right to Property — Powers of the Corporation 
 — Marriages — Disturbing Religious Worship. 
 
 Sec. I. Persons desiring to be incorporated as a 
 religious society may prepare a charter, drawn up on 
 parchment or paper, which must be headed " The 
 Charter of Incorporation," and contain a clear and 
 definite statement of the purposes for which the cor- 
 poration was created, the names of the persons or 
 designation of the inhabitants incorporated, the cor- 
 porate name by which it is to be known, the powers 
 to be exercised, the period for which such corpora- 
 tion is to exist, if it is to be limited in duration, to- 
 gether with whatever else may be necessary to be 
 stated. The charter so proposed must be submitted 
 to the governor for his approval, who must take the 
 advice of the attorney general as to the constitution- 
 ality of the provisions of such charter, and if the 
 governor approve it, he must write his approval at 
 the bottom of it, and sign his name thereto, and 
 cause the great seal of the State to be affixed thereto 
 by the Secretary of State. The governor, however, 
 may require amendments or alterations to be made 
 to such proposed charter previous to signing the 
 same ; or if deemed expedient by him, he may with- 
 hold his approval entirely. 
 
 Sec. 2. Upon the approval of the charter by the 
 governor, the powers specified in such charter will 
 be vested in the corporation, and the corporation 
 
1 30 Lazvs Relating to Religious Corporations. 
 
 will go into effect and operation at the time, and on 
 the terms specified, subject, however, to be repealed 
 by the Legislature of the State. 
 
 Sec. 3. In like manner the charter may be amend- 
 ed or renewed. In case of renewal merely, it will be 
 sufficient for the governor to give a certificate that 
 the original charter is renewed under the great seal 
 of the State. 
 
 Sec. 4. Every charter so granted, and every amend- 
 ment and certificate of renewal, must be recorded at 
 length in the office of the Secretary of State, in a 
 well-bound book to be kept by him for that pur- 
 pose, and for making such record he may charge 
 ten cents for every hundred words. The original 
 must be delivered to the parties, and a certified copy 
 is made admissible in evidence in all courts of jus- 
 tice in the State. The Secretary of State is required 
 to furnish such certified copy to any person demand- 
 ing the same, at a like charge as for recording the 
 original. 
 
 Sec. 5. Every religious corporation has succession 
 for the time limited in the charter, and if no time be 
 limited, then perpetual succession. They may deter- 
 mine the manner of calUng and conducting meetings, 
 and the number to constitute a quorum ; they may 
 elect all necessary officers, and prescribe the salaries 
 and terms of officers ; they may sue and be sued, 
 and prosecute and be prosecuted to judgment and 
 satisfaction before any court of justice in this State ; 
 they may each have a corporate seal ; they may con- 
 tract, and be contracted with, within the limits of 
 their corporate powers ; they may sell and convey 
 
Mississippi. 131 
 
 their real estate under their corporate seal, and the 
 signature of the president or presiding officer, and 
 may also sell their personal estate ; and they may 
 make all necessary by-laws, not inconsistent with 
 the laws of the State, and impose all necessary 
 duties. 
 
 Sec. 6. The first meeting of such religious corpo- 
 ration, unless otherwise provided for, may be called by 
 a notice published in some convenient newspaper for 
 at least ten days before the time appointed for the 
 meeting, which notice must be signed by one or 
 more persons named in the charter, and such meet- 
 ing, when assembled, may proceed to organize the 
 corporation. 
 
 Sec. 7. In addition to the foregoing facilities for 
 incorporating religious societies, it is provided that 
 any religious society, consisting of the members of 
 any particular denomination or congregation, desir- 
 ing to act as an organized body, may do so by asso- 
 ciating together, and electing or appointing from their 
 own body any number of trustees or managers, by 
 whatever name known, for the purpose of managing 
 the affairs of the society. The society or association 
 are required to keep a record of its proceedings, 
 which must show the organization thereof, and the 
 election of the trustees or managers ; and any soci- 
 ety thus organized at each particular locality must be 
 a distinct and independent society. Such society 
 may sue and be sued by their society name or ap- 
 pellation, and process may be served on their presid- 
 ing or chief officer by their secretary. 
 
 Sec. 8. Any religious society or congregation or 
 
132 Laws Relating to Religious Corporatiojis. 
 
 ecclesiastical body may hold at any one place a 
 house or tenement for a place of worship, with 
 proper and reasonable ground attached thereto ; a 
 house or tenement as a place of residence for their 
 pastor or minister, with proper and reasonable ground 
 thereto attached ; a house or tenement to be appro- 
 priated and used as a male school, or seminary of 
 learning, with proper and sufficient ground thereto 
 attached ; and another house or tenement, to be ap- 
 propriated as a female school or seminary of learning ; 
 and a cemetery of sufficient dimensions and no more. 
 Though it is provided that any religious society or 
 denomination may own such cottages or seminaries 
 of learning as it may think proper, if used for such 
 purposes. 
 
 Sec. 9. All lands, tenements, or hereditaments, or 
 any interest or benefit therein or therefrom, except 
 for the purposes specified in the last preceding sec- 
 tion, which may be given, granted, conveyed, leased 
 or released to any reHgious society, denomination, or 
 congregation, either directly or indirectly, or in trust 
 and confidence for the use or benefit of such society, 
 either express, or implied, or secret, or by the judg- 
 ment of any court, or by way of lien, mortgage, or 
 pledge, are declared to be, ipso facto, by such aliena- 
 tion, forfeited to the State. Nor can such society, 
 denomination, or ecclesiastical body, by act or in- 
 genuity, appropriate, or have appropriated to its use, 
 or for its benefit, or to its disposition, any present 
 or future interest in lands, tenements, or heredita- 
 ments, other than to the extent above mentioned ; 
 nor can any such society evade this provision, by 
 
Mississippi. 133 
 
 any devise or subterfuge, in taking or holding more 
 land for any of the purposes above-mentioned than is 
 necessary. 
 
 Sec. 10. Every devise or bequest of lands, tene- 
 ments, or hereditaments, or any interest therein, or 
 fueehold, or less than freehold either present or 
 future, vested or contingent, or of any money di- 
 rected to be raised by the sale thereof, contained 
 in any last will and testament, or codicil, or other 
 testamentary writing, in favor of any religious or 
 ecclesiastical corporations, sole or aggregate, or any 
 religious or ecclesiastical society, or to any religious 
 denomination, or association of persons, or to any 
 •person or body politic, in trust, either expressed or 
 implied, secret or resulting, either for the use and 
 benefit of such religious corporation, society, denomi- 
 nation or association, or for the purpose of being 
 given or appropriated to charitable uses or purposes, 
 is declared to be null and void, and the heir at law 
 will take the same property so devised, or bequeathed, 
 as though no testamentary disposition had been 
 made. 
 
 Sec. II. Every legacy, gift, or bequest of money 
 or personal property, or of any interest, benefit, or use 
 therein, either direct, implied, or otherwise, contained 
 in any last will and testament, or codicil in favor of 
 any religious, ecclesiastical corporation, sole or aggre- 
 gate, or any religious ecclesiastical society, or to any 
 religious denomination or association, either for its 
 own use or benefit, or for the purpose of being given 
 or appropriated to charitable uses, is declared null 
 and void, and the distributers are required to take the 
 
134 Laws Relating to Religious Corporations. 
 
 same, as though no such testamentary disposition had 
 been made. 
 
 Sec. 12. It is made lawful for a pastor of any re- 
 ligious society in the State to join together in mar- 
 riage such persons as are of the society according to 
 the rules and customs established by the society ; ami 
 the clerk or keeper of the minutes, proceedings, or 
 other books of the religious society, wherein such 
 marriage may be had and solemnized in the society, 
 in a book kept by him for that purpose, and return a 
 certificate of the same to the clerk of the Probate 
 Court of the county, to be by him recorded, and such 
 books are made evidence. 
 
 DISTURBING RELIGIOUS MEETINGS. 
 
 Any person who shall willfully disturb any congre- 
 gation, or persons lawfully assembled for religious 
 worship, may be immediately arrested by any officer 
 or private person present, without warrant, and taken 
 before any justice of the peace of the county, present 
 or convenient, and required to enter into bond or re- 
 cognizance for his good behavior, and to keep the 
 peace, and for his appearance at the next term of the 
 Circuit Court, to answer for the offense, and, on con- 
 viction thereof, the offender must be fined not more 
 than five hundred dollars, or imprisoned not more 
 than six months, or both, at the discretion of the 
 court. — Revised Code, chapter ^\y sectio7t 25. 
 
Missouri, 135 
 
 Chapter XXI. — Missouri. 
 
 Revised Statutes of 1871. 
 
 H w to Incorporate — Form of Certificate — Disturbance of Religious 
 Meetings. 
 
 Sec. I. Any number of persons, not less than three 
 in number, may become an incorporated church, re- 
 ligious society, or congregation by complying with 
 the provisions of this chapter, except that it will be 
 sufficient if the petition be signed by all persons mak- 
 ing the application ; and when so incorporated, such 
 persons, and their associates and successors, shall be 
 known by the corporate name specified in the certif- 
 icate of its corporation, and shall be entitled to all 
 the privileges, and capable of exercising all the 
 powers conferred or authorized to be conferred by the 
 constitution of this State upon such corporations. 
 Application must be made to a judge of a Circuit 
 Court, who will issue the following certificate. 
 
 Whereas A. B., C. D., and others have filed in the 
 office of the clerk of the Circuit Court their articles of 
 association, in compliance with the provisions of an 
 " Act concerning Corporations," approved March 19, 
 1866, with their petition for incorporation under the 
 name and style of . . . they are therefore hereby de- 
 clared a body politic and corporate, by the name 
 and style aforesaid, with all the powers, privileges, 
 and immunities granted in the act above named. By 
 order of the Circuit Court (or judge thereof.) 
 Attest, ^ G. H., 
 
 Clerk of the Circuit Court of County. 
 
136 Laws Relating to Religious Corporations, 
 
 Article 8. 
 DISTURBING RELIGIOUS MEETINGS, 
 
 Sec. 30. Every person who shall willfully, mali- 
 ciously, or contemptuously disquiet or disturb any 
 camp-meeting, congregation, or other assembly of 
 people met for religious worship by making a noise, 
 or by rude or indecent behavior, or profane discourse, 
 within their place of worship, or so near to the same 
 as to disturb the order or solemnity of the meeting, 
 or menace, threaten, or assault any person there be- 
 ing, shall be deemed guilty of a misdemeanor, and 
 punished by fine not exceeding one hundred dollars, 
 and, if unable to pay the fine, by confinement in the 
 county jail not exceeding three months. 
 
 Sec. 31. Every person who shall erect or keep a 
 booth, tent, stall, or other contrivance for the purpose 
 of selling or otherwise disposing of any wine or 
 spirituous or fermented liquors, or any drink of which 
 wine or spirituous liquors form a part, within one mile 
 of any camp or field meeting for religious worship 
 during the time of holding such meeting, shall upon 
 conviction be adjudged guilty of a misdemeanor and 
 fined not exceeding fifty dollars. 
 
Nebraska, 137 
 
 Chapter XXI I. — Nebraska. 
 
 Eevised Statutes of 1873. 
 
 Organization — Powers of Trustees — How Supply in case of Va- 
 cancy. 
 
 Sec. I. It shall be lawful for any religious sect or 
 denomination, fire company, or any literary, scien- 
 tific, or benevolent association within this State, to 
 elect at a meeting of a majority of the members of 
 any organized church, fire company, literary, scien- 
 tific, or benevolent association as aforesaid, called for 
 that purpose, any number of their members not less 
 than three, to serve as trustees or directors, and one 
 member as clerk, who shall hold their offices during 
 the pleasure of the society or association. 
 
 Sec. 2. That the clerk so appointed shall make a 
 true record of the proceedings of the meeting pro- 
 vided for in this subdivision, and certify and deliver 
 the same to the clerk of the county where such 
 meeting shall be held, together with the name by 
 which such church, fire company, or association shall 
 thereafter desire to be known, and it shall be the 
 duty of each county clerk in this State, immediately 
 upon the receipt of such certified statement, to record 
 the same in a book of record to be kept by him pro- 
 vided for that purpose at the expense of his county, 
 for which service he may demand and receive the 
 sum of ten cents for every hundred words, and from 
 and after making such record by the county clerk, 
 the said trustees or directors and their associated 
 members and their successors, shall be invested with 
 
138 Laws Relating to Religious Corporations, 
 
 the powers, privileges, and immunities incident to 
 aggregate corporations ; and a certified transcript of 
 the record herein authorized to be made by the 
 county clerk, shall be deemed and taken in all courts 
 and places whatsoever in this State as prima-facie 
 evidence of the existence of such association or cor- 
 poration. 
 
 Sec. 3. The trustees or directors who may be ap- 
 pointed under the provisions of this subdivision and 
 their successors in office shall have perpetual suc- 
 cession, by such name as may be designated, and by 
 such name be legally capable of contracting, prose- 
 cuting, 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 or as- 
 sociation, but they shall not acquire or hold property 
 for any other purpose. 
 
 Sec. 4. Such society or association, when incorpo- 
 rated, may elect such officers and make such rules 
 and regulations as may be necessary or expedient 
 for its own government and the management of its 
 fiscal and other affairs to effect their respective 
 objects. 
 
 Sec. 5. If said board of trustees or directors, as is 
 provided for in this subdivision, shall be vacated, 
 either in whole or in part, by death, resignation, or 
 otherwise, such board of trustees or directors may be 
 revived, or such vacancy or vacancies filled, in the 
 manner pointed out in this subdivision for the orig- 
 inal organization of said board, and a majority of said 
 
Nebraska. 1 39 
 
 trustees or directors shall be a quorum for the trans- 
 action of business. 
 
 Chapter XXI II. — New Hampshire. 
 
 General Statutes, 1867.— Chapter 139. 
 
 Societies — How Formed — Powers and Duties of Trustees — Mem- 
 bership to be Voluntary — Assessments — Taxes — Donations to Unin- 
 corporated Societies — Church Officers may be Corporate Bodies — 
 When Ministers may be deemed Corporators — May hold Parsonages 
 —Conveyances— Income of Property — Neglects not to affect the Soci- 
 ety — Disturbance of Religious Worship. 
 
 Sec. I. Any persons may associate together, by 
 written articles signed by each member, as a relig- 
 ious society, assume a corporate name, and choose a 
 clerk, who shall be duly sworn ; and, having recorded 
 their proceedings, name, and intention, in a book of 
 records to be kept by said clerk, and published no- 
 tice thereof, they shall be a body politic and cor- 
 porate. 
 
 Sec. 2. Such society shall possess the powers, and 
 be subject to the duties incident to corporations of a 
 similar nature, so far as the same are not limited or 
 enlarged by this chapter ; may take and hold real 
 and personal estate, for the purpose of erecting and 
 keeping in repair a house of public worship, a par- 
 sonage house, and other buildings necessarily con- 
 nected therewith, and supporting the ministry in 
 such society ; and may improve and dispose of the 
 same, for the sole use and benefit of such society ; but 
 the annual value or income of all the property of 
 such society shall not exceed five thousand dollars. 
 
140 Laws Relating to Religions Corporations. 
 
 Sec. 3. No person shall be liable as a member of 
 any society without his express consent first heard 
 and obtained ; and any person may separate from 
 any society by leaving with the clerk thereof a writ- 
 ten notice, by him signed, of his intention so to sepa- 
 rate, and paying all legal assessments and arrearages 
 then due from him to such society. 
 
 Sec. 4. Such society may assess and raise money 
 by taxes upon the polls and ratable estates of the 
 members thereof, and collect and appropriate the 
 same for the purposes aforesaid ; and the assessors 
 and collectors, in assessing and collecting any such 
 tax, shall have the powers, and be subject to the pen- 
 alties, of similar town officers in like cases. 
 
 Sec. 5. If any donation, gift, or grant be made to 
 any unincorporated religious society, such society shall 
 have the like power to manage, use, and employ the 
 same, according to the terms and conditions on which 
 the same may be made, as incorporated societies may 
 have by law, and to elect suitable trustees, agents, or 
 other officers therefor, and to prosecute and sue for 
 any right which may vest in them in consequence of 
 such donation, gift, or grant ; and such society shall 
 be a corporation, so far as may be necessary for the 
 purposes expressed in this section ; but the income 
 of the donations, gifts, or grants to any such unincor- 
 porated religious society shall not exceed the sum of 
 five thousand dollars a year. 
 
 Sec. 6. The trustees, deacons, church-wardens, or 
 other similar officers of all churches or religious so- 
 cieties, if citizens of the United States, shall be 
 deemed bodies corporate for the purpose of taking 
 
New Hampshire. 141 
 
 and holding in succession all grants and donations, 
 whether of real or personal estate, made either to 
 them and their successors, or to their respective 
 churches, or to the poor of their churches. 
 
 Sec. 7. In all cases where the ministers, elders, or 
 vestry of any church shall, in the grants and dona- 
 tions mentioned in the preceding section, have been 
 joined with such deacons or church-wardens as do- 
 nees or grantees, such officers and their successors, 
 together with the deacons or church-wardens, shall 
 be deemed the corporation for the purposes of such 
 grants and donations. 
 
 Sec. 8. The minister of every church or religious 
 society, of whatever denomination, if a citizen of the 
 United States, shall be capable of taking in succes- 
 sion any parsonage land granted to the minister 
 and his successors, or to the use of ministers, or 
 granted by any words of the like import, and may 
 prosecute and defend in all actions touching the 
 same. 
 
 Sec. 9. No conveyance of the lands of any church 
 shall be effectual to pass the same, if made by the 
 trustees or deacons, without the consent of the 
 church, or a committee of the church appointed for 
 that purpose, or, if made by the church-wardens, 
 without the consent of the vestry. 
 
 Sec. 10. No conveyance made by any minister, of 
 lands held by him in succession, shall be valid any 
 longer than he continue to be such minister, unless 
 such conveyance shall be made with the consent of 
 the town, parish, or religious society of which he is a 
 minister, or unless he be a minister of an Episcopal 
 
142 Lazvs Relating to Religious Corporations. 
 
 Church, and shall make the conveyance with the con- 
 sent of the vestry. 
 
 Sec. II. The several churches, other than those of 
 the Episcopal denomination, are authorized to choose 
 committees for the purpose of settling the accounts 
 of the trustees, deacons, and other church officers, 
 and, if necessary, to commence and prosecute any 
 suit in the name of the church against the said trust- 
 ees, deacons, or other officers touching the same. 
 
 Sec. 12. The income of any grant or donation 
 made to or for the use of any church shall not ex- 
 ceed five thousand dollars a year, exclusive of the in- 
 come of any parsonage lands granted to or for the 
 use of the ministry. 
 
 Sec. 13. The overseers of each monthly meeting, 
 of the people called Friends or Quakers, shall be a 
 body corporate, to take and hold in succession all 
 grants and donations of real or personal estate made 
 to the use of such meeting, or to the use of any pre- 
 parative meeting belonging thereto, and to alien or 
 manage such real or personal estate, according to the 
 terms and conditions of the grants and donations, 
 and to prosecute and defend in any action touching 
 the same ; but the income of the grants and dona- 
 tions to any such meeting for the uses aforesaid shall 
 not exceed the sum of five thousand dollars a year. 
 
 Sec. 14. No rehgious society or corporation shall 
 be dissolved or extinguished, nor shall its right or 
 title to any property acquired by purchase, gift, de- 
 vise, bequests, or otherwise be in any way affected 
 by the neglect or omission of such society, or corpora- 
 tion, to hold its annual meeting or choose its officers. 
 
New Hampshire, 143 
 
 or by reason of the omission or neglect of its clerk, 
 or any other officer to be sworn, or by reason of any 
 informality in the election of its officers, or defect in 
 its records. 
 
 Chapter 140. 
 SALE, REPAIRS, AND MODIFICATION OF MEETING-HOUSES. 
 
 Sec. I. If any meeting-house has ceased to be 
 occupied by the proprietors thereof as a place of 
 public worship for the space of two years, said pro- 
 prietors, at a meeting called for that purpose, may, 
 by major vote, decide to sell the same at auction, and 
 appoint a committee, with full power to make such 
 sale and execute a conveyance of said house and its 
 appurtenances to the purchaser, said committee first 
 pubhshing a notice of the time and place of sale. 
 
 Sec. 2. Such meeting may be called by any three 
 of the proprietors by publishing a notice thereof, the 
 last publication to be at least ten days before said 
 meeting. 
 
 Sec. 3. Said committee shall divide the net pro- 
 ceeds of such sale among the proprietors of the 
 house, according to their respective interests therein, 
 to be determined by a committee of three or five dis- 
 interested persons, chosen by the proprietors for that 
 purpose. 
 
 Sec. 4. If any meeting-house built by its pew- 
 holders has ceased to be occupied as a place of pub- 
 lic worship, the pew-holders, by a three- fourths vote, 
 at a meeting called in the manner provided in the 
 second section, by any three or more of their num- 
 ber, may decide to sell the same at auction, and 
 
1 44 Laws Relating to Religious Corporations. 
 
 appoint a committee, with full power to make such 
 sale and execute a conveyance of said house and its 
 appurtenances, said committee to publish notice of 
 the time and place of sale ; and the net proceeds of 
 such sale shall be divided as provided in the preced- 
 ing section. 
 
 Sec. 5. If any meeting-house built by any town or 
 corporation has ceased to be occupied as a place of 
 worship, such town or corporation may decide to sell 
 the same at auction, and appoint a commitee to make 
 the sale, and execute the conveyance of the house 
 and its appurtenances, said committee first publish- 
 ing notice of the time and place of sale ; and the net 
 proceeds of such sale shall be equally divided be- 
 tween the proprietors, owners, and pew-holders of 
 such house, according to the value of their respective 
 interests therein, to be determined by the county 
 commissioners for the county wherein the same is 
 situated, on application to them for that purpose by 
 any party interested. 
 
 Sec. 6. If a majority in interest of the proprietors 
 of any building used as a house of public worship 
 are of the opinion that said building needs repairs, 
 and have signified that opinion, by signing a paper 
 expressing their assent to a call of a meeting of said 
 proprietors for the purpose of providing for such re- 
 pairs, any one of said proprietors may call such 
 meeting at such house, to consult and agree about 
 repairing the same, by giving to each proprietor in 
 hand, or leaving at his abode, or depositing in the 
 post-office, inclosed in an envelope properly stamped 
 and directed to such proprietor at his abode, a writ- 
 
New Hampshire, 145 
 
 ten or printed notice by him signed, stating the time, 
 place, and objects of such meeting, not more than 
 thirty, nor less than ten days before the day of 
 meeting. 
 
 Sec. 7. If it be impracticable to give the notice 
 prescribed in the preceding section, for the reason 
 that the residence of any proprietor is unknown, 
 such meeting may be called by posting a notice 
 thereof, twenty days at least before the day of meet- 
 ing, in two or more public places in the town where 
 such house is situated, and publishing a like notice. 
 
 Sec. 8. At such meeting each individual owner in 
 the building shall be entitled to one vote, in the elec- 
 tion by ballot of a committee of three, who shall 
 appraise each interest, and establish the proportion 
 of each interest to the whole value of the property ; 
 and the expense of any repairs made shall be as- 
 sessed upon the interest of each proprietor, agree- 
 ably to the proportion established by such com- 
 mittee. 
 
 Sec. 9. If any proprietor neglects to attend such 
 meeting, or, attending, does not agree with the ma- 
 jority in interest of the proprietors as to the repair 
 of such house, such majority may cause such repairs 
 to be made as they judge necessary or advisable, and 
 shall be reimbursed such sums as they, or any of 
 them, may advance toward said repairs, beyond their 
 respective proportion of the expense thereof, by a 
 sale at auction, at said house, after the lapse of one 
 year, of any delinquent proprietor's pew or pews, or 
 other interest in said house and any estate connected 
 therewith ; until which sale shall be made, the pro- 
 
146 Laivs Relating to Religions Corporations. 
 
 prietors who have made such advances shall have a 
 valid lien upon such delinquent's entire interest in 
 said house and estate, for his proportion of the whole 
 expense of such repairs. 
 
 Sec. 10. If any proprietor fails to pay his propor- 
 tion of the expense of such repairs within one year 
 from the completion thereof, his whole interest in 
 such house and estate may be sold at auction to pay 
 the same, with interest and incidental charges. Such 
 sale may be made by the town clerk, or any justice 
 of the peace resident in the town where said house 
 is situate, upon application to him for that purpose, 
 notice of the time and place of sale having first been 
 published ; and such town clerk or justice may 
 make and execute a valid conveyance to the pur- 
 chaser. 
 
 Sec. II. If from such sale a greater sum is real- 
 ized than is required to pay the delinquent proprie- 
 tor's proportion of the expense of such repairs, with 
 interest and incidental charges, the balance shall be 
 deposited with the clerk of said town, to be paid 
 such delinquent upon demand made thereof. 
 
 Sec. 12. If three fourths of the pew holders in any 
 house of public worship desire to remove the same to 
 a new location, to repair the same, modify the interior 
 thereof, remove the pews and provide new ones, alter 
 the pews and provide slips, or sell all the" pews 
 therein, or in any other way modify or change the 
 interior accommodations of said house, and have sig- 
 nified that desire by signing a paper expressing their 
 assent to the call of a meeting of the pew holders for 
 any of those purposes, any one of such pew holders 
 
New Hampshire, 147 
 
 may call such meeting in the manner provided in 
 the sixth and seventh sections of this chapter. 
 
 Sec. 13. At such meeting the pew holders, by a 
 three-fourths vote, may determine to make such re- 
 moval, repairs, or changes as they deem advisable, 
 and appoint agents to carry their votes into effect ; and 
 the pews or other interest of any pew holder in said 
 house, and any estate connected therewith, shall be 
 liable, as hereinbefore provided in the case of repairs 
 made by a majority of the proprietors, for his pro- 
 portion of the expense of such removal, repairs, or 
 changes, which proportion shall be determined by the 
 selectmen on application to them for that purpose, 
 unless the pew holders at such meeting unanimously 
 agree upon a committee for that purpose. 
 
 Sec. 14. If any pew holder, before any removal, re- 
 pairs, or changes are commenced, shall offer to convey, 
 and (if requested) actually conveys to the other pew 
 holders, or any of them, his interest in such house at a 
 sum mutually agreed upon or to be determined by said 
 selectmen, he shall not be holden for the payment of any 
 portion of the expense of repairs or changes subse- 
 quently made ; otherwise the pew holders making ad- 
 vances beyond their proportion to defray the expense of 
 such repairs or changes shall have the same lien upon 
 any dehnquent pew holder's interest in said house and 
 estate, for his proportion of that expense, as is herein- 
 before provided in the case of repairs by a majority of 
 proprietors ; and if the same shall not be paid by him 
 within one year from the completion of such repairs 
 or changes, such interest may be sold at auction, and 
 conveyance thereof made as in that case provided. 
 
148 Laws Relating to Religious Corporations. 
 
 Sec. 15. If any town shall vote to repair for town 
 purposes any meeting-house built by the town, it shall 
 cause the pews therein to be appraised by a commit- 
 tee of three disinterested persons, and pay to the pew 
 holders the full value of their respective interests, as 
 determined by such appraisal upon demand. Any 
 pew holder dissatisfied with the appraisal of his pew, 
 or such town, may appeal to the next trial term of 
 the Supreme Court for the county in which such house 
 is situate, when the same proceedings shall be had as 
 in the case of appeals from the assessment by select- 
 men of damages for land taken for highways. 
 
 Sec. 16. If three fourths of the owners, proprietors, 
 or pew holders of any building used as a house of 
 public worship are of opinion that such building is 
 not sufficient to accommodate all those who desire 
 to worship in such house, they may, at a meeting 
 called for that purpose, sell or dispose of such house, 
 in such manner as they may deem for the best in- 
 terests of such owners, proprietors, or pew holders, 
 and appropriate the proceeds of the same to such 
 purpose as they may determine. Such meeting may 
 be called, at such house, in the manner provided in 
 the second section, by any three of the owners, pro- 
 prietors, or pew holders. 
 
 Chapter 255. 
 DISTURBANCE OF RELIGIOUS MEETINGS. 
 
 Sec. 6. Any selectman or police officer shall have 
 power to remove any person behaving rudely or in- 
 decently, in any meeting for pubHc worship, from the 
 place of such meeting, and him detain until the close 
 
New Hampshire. 149 
 
 thereof, and the same right to command assistance 
 as sheriffs have, and may prosecute, [for such 
 offenses.] 
 
 Sec. 7. If any person shall disturb any religious 
 meeting, by speaking in the same, so as to interrupt 
 or prevent the stated or orderly proceedings and ex- 
 ercises of such meeting, or shall make such disturb- 
 ance while the people are assembling at or leaving 
 their place of worship, and shall not desist there- 
 from when requested, he may be removed from such 
 meeting or place of worship by any individual. 
 
 Sec. 8. Any person so offending shall be fined from 
 one dollar to ten dollars, and may be required to rec- 
 ognize, with sureties, in a sum not less than fifty 
 dollars nor more than one hundred dollars, to be of 
 good behavior for one year. 
 
 Sec. 9. No person, without permission from the 
 managers of such assembly, shall keep any shop, tent, 
 booth, wagon, or carriage, for the sale of, or shall sell, 
 give, or expose to sale, any spirituous liquor, goods, 
 or merchandise of any kind, within two miles of any 
 public assembly convened for the purpose of religious 
 worship ; but this shall not be construed to prevent 
 any person from selling merchandise at the shop or 
 store where he usually transacts business : nor from 
 selling liquors in any place where he shall have re- 
 ceived a license therefor, before the appointment of 
 such religious meeting : nor to prevent any peddler 
 from selling his goods to any person at the usual 
 place of business or residence of such person. 
 
 Sec II. If any person shall be guilty of a breach 
 of either of the preceding sections he shall be fined 
 
1 50 Laws Relating to Religious Corporatiojts. 
 
 not exceeding ten dollars, or imprisoned not exceed- 
 ing thirty days, or both. 
 
 Sec. 14. The ministers, elders, officers, or man- 
 agers of any religious or other public meeting or 
 assembly convened, or about to convene, in any town, 
 may, at their own expense, employ police officers of 
 any other town in this State to preserve order among 
 the persons attending, and coming and going there ; 
 and such officers, so employed, shall have the powers 
 these have in the towns for which they are ap- 
 pointed. 
 
 Sec. 15. No prosecution for the violation of any 
 provision of this chapter shall be sustained unless 
 commenced within thirty days after the commission 
 of such offense. 
 
 Chapter XXIV.— Ne^?v Jersey. 
 
 Nixon's Digest, 186a— Art., Eeligious Societies, p. 802. 
 
 Trustees — How first Elected — Powers — Vacancies supplied — Dutch 
 Reformed Churches. 
 
 Sec. I. Every religious society or congregation of 
 Christians entitled to protection in the free exercise 
 of their religion by the constitution and laws of the 
 State are authorized to assemble at their usual place 
 of meeting for public worship at any time by them 
 agreed upon, giving at least ten days' notice of the 
 time and purpose of assembling by an advertisement 
 set up in open view at or near such place of meeting, 
 and, when so assembled, may, by plurality of voices of 
 
New Jersey. 151 
 
 such of the said society or congregation as are pres- 
 ent, elect any number, not exceeding seven, of the 
 said society or congregation to be trustees of the 
 same ; which said trustees, and their successors in 
 office, are hereby constituted a body pohtic and cor- 
 porate in law by whatever name they shall assume, 
 agreeably to the directions of this act. 
 
 Sec. 2. The said trustees, when they take upon 
 themselves a name, shall certify such name under 
 their hands and seals, and transmit such certificate 
 to the clerk of the county, whose duty it shall be in- 
 stantly to record the same, for which he shall be en- 
 titled to receive one dollar. The said trustees shall 
 be known and distinguished in law by the name of 
 the incorporation so taken, certified, and recorded. 
 
 Sec. 3. The said trustees and their successors 
 shall by such name of incorporation be able and 
 capable to acquire, purchase, receive, have and hold 
 any lands, tenements, hereditaments, legacies, dona- 
 tions, moneys, goods, and chattels in trust for the 
 use of the said society or congregation to an amount 
 in value not exceeding two thousand dollars a year, 
 and the same, or any part thereof, to sell, grant, as- 
 sign, demise, alien, and dispose of; to sue and be 
 sued, implead and be impleaded, in any court of law 
 or equity ; to make and use a common seal, and the 
 same to alter and renew at pleasure. 
 
 Sec. 4. For perpetuating a line of succession in 
 the trustees of every religious society or congrega- 
 tion, it shall and may be lawful for the members of 
 the said society or congregation to assemble at any 
 time they may think proper, giving notice thereof, as 
 
152 Laws Relating to Religious Corporations, 
 
 hereinbefore is 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. 
 
 Sec. 5. Such corporation may elect annually, or 
 oftener if necessary or expedient, one of their own 
 members to be their president, who shall keep the 
 minutes and enter the orders, acts, and proceedings 
 by the corporation in a book to be kept for that pur- 
 pose ; who shall 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 
 hereby empowered to convene the said corporation 
 as occasion may require ; and in case of his absence, 
 sickness, death, resignation, refusal to act, or moving 
 out of the limits of the said religious society or con- 
 gregation, then the said office of president shall de- 
 volve on the senior trustee for the time being, who 
 shall occupy the same until the return or recovery of 
 the president, or the election of another. 
 
 Sec. 6. Upon appHcation to the president, any 
 member of the said religious society or congregation 
 shall have free access to all the papers, deeds, writ- 
 ings, minutes, documents, and books of, or belonging 
 to, the said corporation. 
 
 Sec. 7. Upon the death, resignation, removal, or 
 
New Jersey. 153 
 
 expiration of the office of president, or election of a 
 new one, the common seal, and all the minutes, 
 papers, deeds, writings, documents, and books of, or 
 belonging to such corporation, shall be delivered to 
 the successor in office on the oath of the preceding 
 president, or, in case of his death, on the oath of his 
 executors or administrators under such pecuniary- 
 penalty as the said corporation shall have previously 
 fixed and ordained to be recovered, with costs, by 
 action of debt in the name, and for the use of, said 
 corporation. 
 
 Sec. 8. The proceedings, orders, and acts of a ma- 
 jority of all the members of the said corporation, and 
 not of a less number, shall be valid and effectual in 
 law. 
 
 Sec. 9. Provided always that nothing hereinbefore 
 contained shall be construed to extend to or affect 
 the Reformed Dutch Churches in this State. 
 
 Sec. 10. . . . 
 
 Sec. II. . . . The minister or ministers, elders 
 and deacons for the time being, or, if there be no 
 minister or ministers, the elders and deacons for the 
 time being of every Reformed Dutch congregation 
 shall be the trustees of the same, and a body politic 
 and corporate in law, by such name as the said 
 trustee shall assume in manner hereinafter di- 
 rected. 
 
 Sec. 12. The said trustees when they take upon 
 themselves a name shall certify such name under 
 their hands and seals, and transmit such certificate 
 to the clerk of the Court of Common Pleas of the 
 county, whose duty it shall be instantly to record the 
 
154 Laws Relating to Religious Corporations, 
 
 same, for which he shall be entitled to receive one 
 dollar ; and thereupon the said trustees shall be 
 known and distinguished in law by the name of 
 incorporation so taken, certified, and recorded. 
 
 Sec. 13. The said trustees of such Reformed 
 Dutch congregation shall by such name be able and 
 capable to acquire, purchase, receive, have, and hold 
 any lands, tenements, hereditaments, legacies, dona- 
 tions, moneys, goods and chattels, in trust for the 
 use of said congregation, to any amount in value not 
 exceeding two thousand dollars a year, and the same 
 or any part thereof to sell, grant, assign, demise, alien 
 or dispose of; to sue and be sued, implead or to be 
 impleaded, in any court of law or equity, to make and 
 use a common seal, and the same to alter and renew 
 at pleasure. But no deed or instrument of convey- 
 ance for any lands, tenements, hereditaments, or real 
 estate shall be good or effectual in law unless it be 
 sealed with the common seal, and signed by a major- 
 ity of the members of the said corporation. 
 
New York, 155 
 
 Chapter XXV. — Ne^?v York. 
 
 Act of 18 13, with general Amendments — Reformed Protestant 
 Dutch Church — General Law — Powers of Trustees — Two may Call 
 a Meeting — Vacancies — How Filled — Who may Vote — How to In- 
 crease or Diminish the Number of Trustees — Sale of Real Estate — 
 Trustees of Methodist Episcopal Church in New York city — Amend- 
 ment of 1844 — Supplementary Acts of 1 875 — Trustees Hold until 
 their Successors are Chosen — When Removed — Must Administer 
 subject to Denominational Usage — Two Societies may Unite — Prot- 
 estant Episcopal Church — Baptist Church— Roman Catholic Church 
 — Presiding Elder Districts — Parsonages — Camp Grounds — Presby- 
 teries may Incorporate— Dissolution of Societies — Form for Organi- 
 zation. 
 
 AN ACT to provide for the Incorporation of Religious Societies. 
 Passed April 5, 1813. 
 
 Section i. [This section, which refers to the in- 
 corporation of churches in communion with the Prot- 
 estant Episcopal Church, was repealed in 1868, and 
 a special law, which is printed in a subsequent chap- 
 ter, substituted therefor.] 
 
 Sec. 2. (Relating to the Protestant Dutch Church.) 
 The minister or ministers, and elders and deacons — 
 and if, during any time, there be no minister, then 
 the elders and deacons during such time — of every 
 Reformed Protestant Dutch Church or congregation 
 now or hereafter to be established in this State, and 
 elected according to the rules and usages of such 
 churches within the State, shall be the trustees for 
 every such church or congregation ; and it shall be 
 lawful for the said trustees, if not already incorporated, 
 to assemble together as soon as they shall deem it 
 convenient, and execute under their hands and seals 
 
156 Laws Relating to Religions Corporations. 
 
 a certificate certifying the name or title by which 
 they and their successors forever, as a body corpo- 
 rate, by virtue of this act, shall be known and distin- 
 guished, which certificate, being duly acknowledged or 
 proved as aforesaid, shall be recorded by the clerk of 
 such county in a book to be by him provided as afore- 
 said : and such trustees and their successors shall 
 thereupon, by virtue of this act, be a body corporate by 
 the name or title expressed in such certificate ; and 
 it shall be lawful for the trustees of any such church 
 or congregation elected by virtue of any former law 
 of this State, by writing under their hands and seals 
 to be proved, acknowledged, and recorded as aforesaid, 
 to declare their will not to continue any longer a body 
 corporate, and thereupon such body corporate shall 
 cease, and all the estate, real and personal, held by 
 them shall pass to and be vested in the trustees of 
 such church or congregation, made a body corporate 
 in the manner above directed. Provided, always, that 
 nothing herein contained shall be construed in any 
 manner to impair or alter the rights of any of the 
 chartered churches within this State. 
 
 Sec. 3. (This section provides for the incorpora- 
 tion of all religious societies which do not organize 
 under a special charter.) And be it further enacted : 
 That it shall be lawful for the male persons, of full 
 age, belonging to any other church, congregation, or 
 religious society, now or hereafter to be established 
 in this State, and not already incorporated, to assem- 
 ble at the church, meeting-house, or other place where 
 they statedly attend for divine worship, and by plu- 
 rality of voices to elect any number of discreet per- 
 
New York. 157 
 
 sons of their church, congregation, or society, not 
 less than three nor exceeding 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; and that, at such elec- 
 tion, every male person, of full age, who has statedly 
 worshiped with said church, congregation, or society, 
 and has formerly been considered as belonging there- 
 to, shall be entitled to vote, and the said election shall 
 be conducted as follows : the minister of said church, 
 congregation, or society, or, in case of his death or 
 absence, one of the elders or deacons, church-ward- 
 ens or vestry-men thereof, and, for want of such offi- 
 cers, any other person, being a member or a stated 
 hearer in said church, congregation, or society, shall 
 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 ; that the 
 said notification shall be given for two successive 
 Sabbaths, or days on which such church, congrega- 
 tion, or society shall statedly meet for pubhc wor- 
 ship, preceding the day of election ; that on the said 
 day of election, two of the elders or church-wardens, 
 and, if there be no such officers, then two of the 
 members of said church, congregation, or society, to 
 be nominated by a majority of the members present, 
 shall preside at such election, receive the votes of the 
 electors, be the judges of the qualification of such 
 electors, and the officers to return the names of the 
 persons who, by plurality of voices, shall be elected 
 to serve as trustees for the said church, congrega- 
 tion, or society ; and the returning officers shall 
 12 
 
1 58 Laws Relating to Religious Corporatioits. 
 
 immediately thereafter certify, under their hands and 
 seals, the names of the persons elected to serve as 
 trustees for such church, congregation, or society, in 
 which certificate the name or title by which the said 
 trustees and their successors shall forever thereafter 
 be called and known, shall be particularly mentioned 
 and described ; which said certificate, being proved 
 or acknowledged as above directed, shall be recorded 
 as aforesaid ; and such trustees and their successors 
 shall also thereupon, by virtue of this act, be a body 
 corporate by the name or title expressed in such cer- 
 tificate ; and the clerk of every county, for recording 
 every certificate of incorporation, by virtue of this 
 act, shall be entitled to seventy-five cents and no 
 more. 
 
 [By Chapter 656, Laws of 1867, this section was 
 amended by striking out the word " male " where it 
 occurs ; and also the seventh section, by striking 
 out the word "he," and inserting the words "such 
 person." 
 
 By Chapter 158, Laws of 1844, certificates of in- 
 corporation may be acknowledged or proved before 
 any officer authorized to take acknowledgments or 
 proofs of real estate.] 
 
 Sec. 4. And be it further enacted, That the trust- 
 ees of every church, congregation, or society, herein- 
 above mentioned, and their successors, shall respect- 
 ively have and use a common seal, and may renew 
 and alter the same at their pleasure, and are hereby 
 authorized and empowered to take into their posses- 
 sion and custody all the temporalities belonging to 
 such church, congregation, or society, whether the 
 
New York, 159 
 
 same shall consist of real or personal estate, and 
 whether the same shall have been given, granted, or 
 devised directly to such church, congregation, or so- 
 ciety, or to any other person for their use ; and also, 
 by their corporate name or title, to sue and be sued 
 in all courts of law or equity, and to recover, hold, 
 and enjoy all the debts, demands, rights, and privi- 
 leges, and all churches, meeting-houses, parsonages 
 and burying-places, with the appurtenances, and all 
 estates belonging to such church, congregation, or 
 society, in whatsoever manner the same may have 
 been acquired, or in whose name soever the same 
 may have been held, as fully and amply as if the 
 right or title thereto had originally been vested in 
 said trustees ; and also to purchase and hold other 
 real and personal estate, and to demise, lease, and im- 
 prove the same for the use of said church, congrega- 
 tion, or society, or other pious uses, so as the whole 
 real and personal estate of any such church, congre- 
 gation, or society, other than the corporation of the 
 minister, elders, and deacons of the Reformed Prot- 
 estant Dutch Church of the city of New York, and 
 the First Presbyterian Church of the city of New 
 York, and the rector, church-wardens, and vestry-men 
 of St. George's Church in the city of New York, and 
 of the ministers, elders, and deacons of the Reformed 
 Dutch Church in the city of Albany, shall not exceed 
 the annual value or income of three thousand dollars ; 
 and of the said corporation of the ministers, elders, 
 and deacons of the Reformed Dutch Church of the 
 city of New York, the annual value or income of 
 nine thousand dollars ; and of the said First Presby- 
 
i6o Laws Relating to Religious Corporations. 
 
 terian Church of the city of New York, the annual 
 value or income of six thousand dollars ; and of the 
 said rector, church-wardens, and vestry-men of St. 
 George's Church in the city of New York, the annual 
 value or income of six thousand dollars ; and of the 
 minister, elders, and deacons of the Reformed Dutch 
 Church in the city of Albany, the annual value or in- 
 come of ten thousand dollars ; and also to repair and 
 alter their churches or meeting-houses, and to erect 
 others if necessary, and to erect dwelling-houses for 
 the use of their ministers, and school-houses and 
 other buildings for the use of said church, congrega- 
 tion, or society ; and such trustees shall also have 
 power to make rules or orders for managing the tem- 
 poral affairs of such church, congregation, or society, 
 and to dispose of all moneys belonging thereto ; and 
 to regulate and order the renting of the pews in their 
 churches or meeting-houses, and the perquisites for 
 the breaking of the ground in the cemetery 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 such church, 
 congregation, or society ; and to appoint a clerk and 
 treasurer of their board, and a collector to collect and 
 receive the said 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 ; and such 
 clerk shall enter all rules and orders made by such 
 trustees, and payments ordered by them, in a book 
 to be provided by them for that purpose. 
 
 Sec. 5. And be it further enacted, That it shall be 
 
Nczv York. i6i 
 
 lawful for any two of such trustees, other than the 
 trustees mentioned in the first section of this act, or 
 their successors, at any time to call a meeting of such 
 trustees ; and that a majority of the trustees of any 
 church, congregation, or society, mentioned in this 
 act, being lawfully convened, shall be competent to 
 do and perform all matters and things which such 
 trustees are authorized or required to do or perform, 
 and that all questions arising at any such meetings 
 shall be determined by a majority of the trustees 
 present, and in case of an equal division, the presid- 
 ing trustee shall have a casting vote. 
 
 Sec. 6. And be it further enacted. That the trustees 
 first chosen, according to the third section of this 
 act, shall continue in office for three years from the 
 day of their election, and immediately after such 
 election the said trustees shall be divided by lot into 
 three classes, numbered one, two, and three, and the 
 seats of the members of the first class shall be va- 
 cated at the expiration of the first year, of the mem- 
 bers of the second class at the expiration of the second 
 year, and the members of the third class at the ex- 
 piration of the third year, to the end that the third 
 part of the whole number, as nearly as possible, may 
 be annually chosen ; and the said trustees, or a ma- 
 jority of them, shall, at least one month before the 
 expiration of the office of any of the said trustees, 
 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 shall be no elders or church- 
 wardens, then to the deacons or vestry-men of any 
 such church, congregation, or society, specifying the 
 
1 62 Laws Relating to Religious Corporations. 
 
 names of the trustees whose times will expire, and 
 the said minister, or, in case of his death or absence, 
 one of the said elders or church-wardens, or deacons 
 or vestry-men, shall, in manner aforesaid, proceed to 
 notify the members of the said church, congregation, 
 or society, of such vacancies, and appoint the time 
 and place for the election of new trustees to fill up 
 the same, which election shall be held at least six 
 days before such vacancies shall happen ; and all 
 such subsequent elections shall be held and con- 
 ducted by the same persons, and in the manner 
 above directed, and the result thereof certified by 
 them, and such certificate shall entitle the persons 
 elected to act as trustees, and in case any trustee 
 shall die, or refuse to act, or remove within the year, 
 notice thereof shall be given by the trustees, as afore- 
 said, and a new election appointed and held, and 
 another trustee be elected in his stead, in manner 
 aforesaid. 
 
 Sec. 7.* And be it further enacted, That no person 
 belonging to any church, congregation, or society, 
 intended by the third section of this act, shall be 
 entitled to vote at any election succeeding the first, 
 until he shall have been a stated attendant on divine 
 worship in said church, congregation, or society, at 
 least one year before such election, and shall have 
 contributed to the support of said church, congrega- 
 tion, or society, according to the usages and customs 
 thereof, and that the clerk to the said trustees shall 
 keep a register of the names of all such persons as 
 shall desire to become stated hearers in the said 
 
 * See section as amended in 1875. 
 
New York. 163 
 
 church, congregation, or society, and shall therein 
 note the time when such request was made, and the 
 said clerk shall attend all such subsequent elections, 
 in order to test the qualifications of such electors, in 
 case the same should be questioned. 
 
 Sec. 8. And be it further enacted. That nothing in 
 this act contained shall be construed or taken to give 
 to any trustee of any church, congregation, or soci- 
 ety, the power to fix or ascertain any salary to be 
 paid to any minister thereof, but the same shall be 
 ascertained by a majority of persons entitled to elect 
 trustees, at a meeting to be called for that purpose, 
 and such salaries, when fixed, shall be ratified by the 
 said trustees, or a majority of them, by an instrument 
 in writing, under their common seal, which salary 
 shall thereupon be paid by the said trustees out of 
 the revenues of such church, congregation, or so- 
 ciety. 
 
 Sec. 9. (This section was amended in 1866, so as 
 to read as follows :) And be it further enacted. That 
 whenever any religious corporation within this State, 
 other than the chartered corporations, shall deem it 
 necessary, and for the interest of such religious cor- 
 poration, to reduce, or to increase, their number of 
 trustees, it shall and may be lawful for any such re- 
 ligious corporation to reduce or to increase their 
 number of trustees at any annual meeting ; provided, 
 that such reduction or increase shall not be such as 
 to leave a less number than three, or a larger num- 
 ber than nine, trustees in any one of the said relig- 
 ious corporations ; provided, that a notice of at least 
 two weeks shall be given, at a regular meeting of 
 
164 Laws Relating to Religions Corporations. 
 
 such society, of the time and place of holding any 
 meeting at which such reduction or increase may be 
 proposed. 
 
 Sec. 10. [This section and the fifteenth have been 
 virtually repealed.] 
 
 Sec. 1 1. And be it further enacted, That it shall be 
 lawful for the chancellor * of this State, upon the ap- 
 plication of any religious corporation, in case he shall 
 deem it proper, to make an order for the sale of any 
 real estate belonging to such corporation, and to di- 
 rect the application of the moneys arising therefrom, 
 by the said corporation, to such uses as the same 
 corporation, with the consent and approbation of the 
 chancellor, shall conceive to be most for the interest 
 of the society to which the real estate so sold did 
 belong ; provided^ that this act shall not extend to 
 any of the lands granted by this State for the sup- 
 port of the Gospel. 
 
 Sec. 12. And be it further enacted. That it shall 
 be lawful for every religious corporation created by 
 letters patent, under the great seal of the colony of 
 New York, to have, hold, and enjoy lands, tenements, 
 goods and chattels of the yearly value of three thou- 
 sand dollars, although the letters patent by which 
 such corporation was created shall contain a clause, 
 or clauses, restricting and limiting the annual rev- 
 enue and income to a less sum than the said three 
 thousand dollars. 
 
 Sec. 13. And be it further enacted. That every 
 corporation of any church, congregation, or religious 
 
 * Any justice of the Supreme Court, or a judge of the County Court, 
 may now grant the order for sale. 
 
New York, 165 
 
 society, heretofore made in pursuance of any law of 
 this State, and in conformity to the directions con- 
 tained in this act, shall be, and the same is, hereby 
 established and confirmed, and such corporation shall 
 be deemed to have commenced from the time of re- 
 cording such certificate, as aforesaid ; and in case of 
 the dissolution of any such corporation, or of any 
 corporation hereafter to be formed in pursuance of 
 this act, by reason of a non-compliance with the 
 directions herein contained, the same may be re- 
 incorporated in the manner prescribed by this act, 
 at any time within six years after such dissolution, 
 and thereupon all the estate, real and personal, 
 formerly belonging to the same, shall vest in such 
 corporation as if the same had not been dissolved ; 
 provided, that in such case the said account and in- 
 ventory required to be exhibited by such corpora- 
 tion in the cities of New York, Albany, and Sche- 
 nectady, shall be exhibited within one month after 
 such re-incorporation, and triennially thereafter, as 
 above directed. 
 
 Sec. 14. And be it further enacted, That the cor- 
 poration of the Methodist Episcopal Church in the 
 city of New York shall be, and hereby are, author- 
 ized to continue to elect nine trustees of the said 
 corporation, in the same manner as if that number 
 of trustees had originally been named in the certifi- 
 cate of incorporation, and such trustees shall be 
 classed, or continue to be classed, in the manner pre- 
 scribed by the sixth section of this act. 
 
 Sec. 15. [See note to section tenth.] 
 
 Sec. 16. And be it further enacted, That whenever 
 
1 66 Laws Relating to Religions Corporations. 
 
 any religious corporation shall be dissolved by means 
 of any law now used, or neglect to exercise any of 
 the powers necessary for its preservation, it shall be 
 lawful for the religious society which was connected 
 with such corporation to re-incorporate itself in the 
 mode prescribed by this act, and that thereupon all 
 the real and personal property which did belong to 
 such dissolved corporation at the time of its dissolu- 
 tion shall vest in such new corporation for the said 
 society. 
 
 Amendment of 1844. 
 
 Whenever there shall have been an omission or 
 neglect of any church, congregation, or religious so- 
 ciety, at their stated annual meeting, to choose any 
 of the trustees, church-wardens, vestry-men, or other 
 officers, such church, congregation, or religious so- 
 ciety, shall not be deemed or taken to have been 
 thereby dissolved ; but the trustees, church-wardens, 
 vestry-men, or other officers, in office at the time of 
 such omission, shall be deemed and taken to be the 
 legal officers of such church, congregation, or society, 
 and shall continue to hold their offices until others 
 be chosen in their stead. Provided, That elections 
 to supply such omissions shall be made within one 
 year after their occurrence, respectively, or within 
 one year after the passage of this act. 
 
New York. 167 
 
 Chapter 597. 
 
 AN ACT to amend an Act entitled An act to provide for the incor- 
 poration of religious societies^ passed April fifth, one thousand 
 eight hundred and thirteen. 
 
 Passed June 18, 1875— three fifths being present. 
 
 The People of the State of New York, represented in 
 Senate and Assembly, do enact as follows : — 
 
 Sec. I. Section seven of an act, entitled An act 
 to provide for the incorporation of religious societies, 
 passed April 5, 181 3, is hereby amended so as to read 
 as follows : — 
 
 Sec. 7. And be it further enacted, That no person 
 belonging to any church, congregation, or society, in- 
 tended by the third section of this act, shall be en- 
 titled to a vote at any election succeeding the first 
 until such person shall have been a stated attendant 
 on divine worship in said church, congregation, or so- 
 ciety, 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, and that the clerk to the said trust- 
 ees shall 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 shall 
 therein note the time when such request was made, 
 and the said clerk shall attend all such subsequent 
 elections, in order to test the qualifications of such 
 electors in case the same should be questioned, ex- 
 cept that in the Methodist Episcopal Church in the 
 city of Brooklyn, no person shall be entitled to vote 
 at any election succeeding the first until such person 
 
1 68 Laivs Relating to Religious Corporations, 
 
 shall have been a member of full age of at least 
 twelve months' standing in the local church for which 
 the trustees are to be elected. 
 
 Chapter 79. 
 AN ACT supplejnentary to chapter sixty of the laws of eighteen hun- 
 dred and thirteen^ entitled " An act to provide for the incorporation 
 of religious societies." 
 
 Passed March 1875. 
 
 The People of the State of New York, represe^ited in 
 Senate and Assembly, do enact as follows : — 
 
 Sec. I. Trustees elected under the provisions of 
 section three of chapter sixty of the laws of eighteen 
 hundred and thirteen, entitled "An act to provide 
 for the incorporation of religious societies," shall hold 
 their offices during the term for which they were 
 elected, and until their successors are chosen. 
 
 Sec. 2. Whenever a trustee elected under the pro- 
 visions of said section three of the above-mentioned 
 act ceases to be a member of the church, congrega- 
 tion, or society, by removal or otherwise, or ceases to 
 statedly attend upon and support its services, he 
 shall at the same time, and for such cause, cease to 
 be a trustee, and his place shall be declared vacant 
 by a notice of the board of trustees to the church, 
 congregation, or society, and said church, congrega- 
 tion, or society shall proceed to fill the vacancy, as 
 provided for in the above-mentioned act. 
 
 As amended in May 28, 1875. 
 
 Sec. 3. Any religious society, organized under the 
 laws of this State, may take and receive by bequest 
 or devise any real or personal estate, the net annual 
 
New York, 169 
 
 income of which shall not exceed twelve thousand 
 dollars, subject, however, to the provisions of chap- 
 ter three hundred and sixty of the laws of eight- 
 een hundred and sixty, entitled "An act relating to 
 wills." 
 
 Sec. 4. The trustees of any church, congregation, 
 or religious society, incorporated under said section 
 three of the above-mentioned act, shall administer 
 the temporalities thereof, and hold and apply the 
 estate and property belonging thereto, and the reve- 
 nues of the same, for the benefit of said corporation, 
 according to the discipline, rules, and usages of the 
 denomination to which the church members of the 
 corporation belong ; and it shall not be lawful for 
 the trustees to divert such estate, property, or reve- 
 nues to any other purpose, except toward the support 
 and maintenance of any religious, benevolent, or 
 other institution connected with such church, con- 
 gregation, or religious society. 
 
 Sec. 5. Each and every of the corporations afore- 
 said may receive, use, and apply all rents or income 
 derived from pews, in addition to the annual in- 
 come limited by the aforesaid act, or any amendment 
 thereof. 
 
 Sec. 6. The jurisdiction of courts of equity in this 
 State is hereby extended over such corporations, as 
 far as may be necessary to enforce the provisions of 
 this act. 
 
 Sec. 7. No religious corporation shall be deemed 
 dissolved for any neglect hitherto to exhibit an ac- 
 count or inventory of its real and personal estate 
 and the annual income thereof, provided that such 
 
I/O Laws Relating to Religious Corporations, 
 
 account or inventory shall be exhibited within three 
 years from the passage of this act. 
 
 Sec. 8. This act shall take effect immediately. 
 
 Chapter 209. 
 
 AN ACT supplementary to chapter sixty of the laws of eighteen hun- 
 dred and thirteen, entitled '■'■An act to provide for the incorporation 
 of religious societies^ 
 
 Passed April 29, 1875. 
 
 The People of the State of New York, represented in 
 Senate and Assembly, do eiiact as follows: — 
 
 Sec. I. Any two or more religious corporations, 
 incorporated under the provisions of the third section 
 of chapter sixty of the laws of eighteen hundred and 
 thirteen, entitled "An Act to provide for the incor- 
 poration of religious societies," and the several acts 
 amendatory thereof, or supplemental thereto, are 
 hereby authorized to unite and consolidate them- 
 selves into a single corporation, in the manner fol- 
 lowing : — 
 
 Sec. 2. The said corporations may enter into an 
 agreement under their respective corporate seals for the 
 union and consolidation of the said corporations, set- 
 ting forth the terms and conditions thereof, the name 
 of the proposed new corporation, the names of the 
 persons who shall be its church-wardens and vestry- 
 men, minister, elders and deacons and trustees, 
 or other officers, as the case may be, until the first 
 annual election of the proposed new corporation, and 
 fixing the day of its annual election. 
 
 Sec. 3. Each of the said corporations may make 
 its separate petition to the Supreme Court for an 
 
New York. 171 
 
 order for such union and consolidation, setting forth 
 in such petition the reasons for such union and con- 
 solidation, the agreement made pursuant to the second 
 section of this act, all its property, real and personal, 
 all its debts and liabilities, and the amount and 
 sources of its annual income. 
 
 Sec. 4. A meeting of each of said corporations, to 
 consider and act upon the proposed union and consoli- 
 dation, and the agreement and petition therefor, shall 
 be called by a notice given in the same manner, and 
 for the same length of time, as is provided for notices 
 of election of trustees, in the said third section of 
 the act hereby amended ; and in case the proposed 
 union and consolidation, and the agreement and 
 petition therefor, shall receive the approval of three 
 fourths of the persons entitled to vote at an election 
 of trustees of each of the corporations assembled at 
 such meeting or at an adjourned meeting, or a sub- 
 sequent meeting called in like manner, then, and not 
 otherwise, the proposed union and consolidation may 
 be proceeded with, and the petition presented. to the 
 court. 
 
 Sec. 5. Upon such petitions from each of such cor- 
 porations so proposing to be united and consolidated, 
 and upon the said agreement, and the proceedings of 
 the meetings prescribed in the fourth section, satisfac- 
 torily proved or certified, the Supreme Court may, in 
 case it shall deem it proper, make an order for the 
 union and consolidation of such corporations, deter- 
 mining all the terms, conditions, and provisions there- 
 of. All parties interested therein may be heard on 
 such petition. 
 
1/2 Laws Relating to Religions Corporations. 
 
 Sec. 6. When such order is made and entered, 
 according to the practice of the court, the said cor- 
 porations shall be united and consolidated into one 
 corporation, by the name designated in the order, and 
 it shall have all the rights and powers, and be sub- 
 jected to all the obligations of religious corpora- 
 tions under the act to which this is supplementary, 
 and the acts amendatory thereof and supplementary 
 thereto. 
 
 Sec. 7. And thereupon all the estate, rights and 
 property of whatsoever nature, belonging to either of 
 said corporations, shall, without further act or deed, 
 be vested in and transferred to the new corporation 
 as effectually as they were vested in or belonged to the 
 former corporations, and the said new corporation 
 shall be liable for all the debts and liabilities of the 
 former corporations, in the same manner and as effect- 
 ually, as if said debts or liabilities had been contracted 
 or incurred by it. 
 
 Sec. 8. This act shall take effect immediately. 
 
 Chapter 354. 
 AN ACT to amend chapter forty-seven of the laws of eighteen 
 hundred and ttuenty-six, entitled "An act to amend an act entitled 
 '^An act to provide for the incorporation of religious societies^ " 
 Passed May 15, 1875. 
 
 T/ie People of the State of New York, represented in 
 Senate and Assembly, do enact as follows : — 
 
 Sec. I. Section one of chapter forty-seven of the 
 laws of eighteen hundred and twenty-six, entitled 
 " An act to amend an act entitled ' An act to pro- 
 vide for the incorporation of religious societies,* " is 
 h jreby amended so as to read as follows : — 
 
New York. 173 
 
 Sec. 2. If any church, congregation, or religious 
 society, now or hereafter to be incorporated, accord- 
 ing to the provisions of the third section of the act 
 hereby amended, shall neglect or omit, or have neg- 
 lected or omitted, at their stated annual election, to 
 choose any one of the three classes of trustees as 
 mentioned in the sixth section of the said act, the said 
 church, congregation, or religious society shall not be 
 deemed and taken to be thereby dissolved : but the 
 trustees then or now already chosen shall continue 
 to hold their offices until others be chosen in their 
 stead ; and whenever such neglect or omission shall 
 happen through defect of due notice, or otherwise, 
 the trustees of said church, congregation, or religious 
 society, or a majority of them, shall 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 
 vestry- men of any such church, congregation, or so- 
 ciety ; and the said minister, or, in case of his death 
 or absence, one of the said elders or church-wardens, 
 deacons or vestry-men, shall, in the manner prescribed 
 in the third section of the said act, proceed to notify 
 the members of the said church, congregation, or so- 
 ciety of such neglect or omission, and appoint the 
 time and place for the election of new trustees to 
 remedy the same, of which election at least fifteen 
 days' notice shall be given in the manner aforesaid, 
 except that it shall be lawful for the religious de- 
 nomination known as the "United Brethren in 
 
 Christ " to elect their trustees by the Quarterly Con- 
 13 
 
1/4 Lazvs Relating to Religious Corporations. 
 
 ference of each circuit, station, or mission of said de- 
 nomination for full terms, or to fill vacancies in office 
 without further notice than the customary notice of 
 such Quarterly Conference as required by the rules 
 and regulations of such denomination, and the said 
 election shall be held and conducted by the same 
 persons in the same manner, and the result be cer- 
 tified in like manner as is prescribed in and by the 
 sixth section of the act hereby amended, and by the 
 rules of the " United Brethren Church," and shall have 
 the same force and effect as elections held under 
 and by virtue of said section, and not otherwise. 
 
 Act passed May 9, 186S. 
 PROTESTANT EPISCOPAL CHURCH. 
 
 Sec. I. The first section of the act entitled "An 
 Act to provide for the Incorporation of Religious So- 
 cieties," passed April 5, 181 3, is hereby amended so 
 as to read as follows : — 
 
 1. It shall be lawful for not less than six male persons, 
 of full age, belonging to any church or congregation 
 in communion with the Protestant Episcopal Church 
 in this State, not already incorporated, to meet at any 
 time at the usual place of public worship of such 
 church or congregation, for the purpose of incorpo- 
 rating themselves under this act. 
 
 2. A notice of such meeting, specifying its object 
 and the time and place thereof, shall be publicly read, 
 in the time of morning service, on two Sundays next 
 previous thereto, by the rector or officiating minister, 
 or, if there be none, by any other person belonging 
 to such church or congregation, and shall also be 
 
New York. 175 
 
 posted in a conspicuous place on the outside door near 
 the main entrace to such place of worship. 
 
 3. The rector, or if there be none, or he be neces- 
 sarily absent, then one of the church-wardens or ves- 
 try-men, or any other person called to the chair, shall 
 preside at such meeting, and shall receive the votes. 
 
 4. The persons entitled to vote at such meeting 
 shall be the male persons, of full age, belonging to 
 the. church or congregation, specified as follows, and 
 none others : — 
 
 First. Those who have been baptized in the Prot- 
 estant Episcopal Church, or who have been received 
 therein, either by the right of confirmation, or by re- 
 ceiving the holy communion ; or, 
 
 Second. Those who have purchased, and for not 
 less than twelve months next prior to such meeting, 
 have owned a pew or seat in said church ; or who, 
 during the same period of time, have hired and paid 
 for a pew or seat in said church ; or who, during the 
 whole period aforesaid, have been contributors in 
 money to the support of said church. 
 
 5. The persons so qualified shall, at such meeting, 
 by a majority of votes, determine, first, the name or 
 title by which such church or congregation shall be 
 known in law ; second, on what day, in Easter week, 
 an annual election for church-wardens and vestry- 
 men shall thereafter take place. What number of 
 vestry-men, not less than four nor more than eight, 
 shall annually be elected, and shall, together with the 
 rector (if there be one) and the two church-wardens, 
 constitute the vestry of the church. And shall, by a 
 majority of votes, elect two church-wardens and the 
 
176 Laivs Relating to Religious Corporations. 
 
 number of vestry-men that it shall have been deter- 
 mined are to be annually elected, which church-war- 
 dens and vestry-men, thus elected, shall serve until 
 the next regular election. 
 
 6. The polls shall continue open for one hour and 
 longer, in the discretion of the presiding officer, or, 
 if required, by a vote of a majority of voters present. 
 
 7. The presiding officer, together with two other 
 persons, shall make a certificate, under their hands 
 and seals, of, first, the church-wardens and vestry-men 
 so elected ; second, of the day, in Easter week, so 
 fixed for the annual election of their successors ; 
 third, of the number of vestry-men (not less than four 
 nor more than eight) so determined upon to be an- 
 nually elected, to constitute part of the vestry ; 
 fourth, of the name or title by which such church or 
 congregation shall be known in law : which, certifi- 
 cate, being duly acknowledged, or the execution and 
 acknowledgment duly proven before any officer au- 
 thorized to take acknowledgments or proof of deeds 
 or conveyances of real estate, to be recorded in the 
 county where such church, or place of worship of 
 such congregation, shall be situated, shall be recorded 
 by the clerk of sucli county, or by the officer whose 
 duty it is, or may hereafter be made, to record such 
 instruments, in the county in which such church or 
 place of worship may be situated, in a book to be 
 kept by him for such purpose. 
 
 8. The church-wardens and vestry-men so elected, 
 and their successors in office, of themselves (but if 
 there be a rector, then together with the rector of 
 such church or congregation) shall form a vestry, and 
 
New York. 177 
 
 shall be the trustees of such church or congregation ; 
 and they and their such successors shall thereupon, by 
 virtue of this act, be a body corporate by the name 
 or title expressed in such certificate. 
 
 9. The male persons qualified as aforesaid, pro- 
 vided they shall also have belonged to such church 
 or congregation for twelve months immediately pre- 
 ceding, shall, in every year thereafter, on the day in 
 Easter week so fixed for that purpose, elect two 
 church-wardens, and as many vestry-men (not less 
 than four nor more than eight) as shall have been 
 legally determined, to constitute part of the vestry. 
 
 10. Notice shall be given of such election by the 
 rector, if there be one, or, if there be none or he be 
 absent, by the officiating minister, or by a church- 
 warden, for two Sundays next previous to the day so 
 fixed, in the time of divine service. 
 
 11. Whenever a vacancy in the board so consti- 
 tuted shall happen, by death or otherwise, the vestry 
 shall order a special election to supply such vacancy, 
 of which notice shall be given, in the time of divine 
 service, at least ten days previous thereto. 
 
 12. The notice of any such election, stated or 
 otherwise, shall specify the place, day, and hour of 
 holding the same. The provisions contained in the 
 preceding sixth clause shall apply to all elections. 
 
 13. An election to supply vacancy, and also the 
 stated annual election, shall be holden immediately 
 after morning service, and at all such elections the 
 rector, or, if there be none or he be absent, one of 
 the church-wardens selected for the purpose by a 
 majority of the duly qualified voters present, or, if no 
 
178 Laws Relating to Religious Corporations. 
 
 church-warden be present, a vestry-man (selected in 
 like manner) shall preside, and receive the votes of 
 the electors, and be the returning officer ; and shall 
 enter the proceedings in the book of the minutes of 
 the vestry, and sign his name thereto, and offer the 
 same to as many electors present as he may think 
 fit, to be by them also signed and certified. 
 
 14. The church-wardens and vestry-men chosen at 
 any of the said elections shall hold their offices until 
 the expiration of the year for which they shall be 
 chosen, and until others are chosen in their stead ; 
 and shall have power to call and induct a rector to 
 such church or congregation as often as there shall 
 be a vacancy therein, and to fix his salary or compen- 
 sation. 
 
 15. No board or meeting of such vestry shall be 
 held, unless at least three days' notice thereof shall 
 be given in writing, under the hand of the rector or 
 one of the church-wardens : except that for the first 
 meeting after an election, twenty-four hours' notice 
 shall be sufficient ; and no such board shall be com- 
 petent to transact any business unless the rector, if 
 there be one, and at least one of the church-wardens, 
 and a majority of the vestry-men, be present ; but if 
 the rector be absent from the State, and shall have 
 been so absent for over four calendar months, or if 
 the meeting has been called by the rector, and he be 
 absent therefrom, the board shall be competent to 
 transact all business, if there be present one church- 
 warden and a majority of the vestry-men : except 
 that, in the absence of the rector, no measure shall 
 be taken for effecting a sale or disposition of real 
 
New York. 179 
 
 property, nor may any sale or disposition of the 
 capital or principal of the personal estate of such 
 corporation be made, nor any act done which shall 
 impair the rights of such rector. 
 
 16. The rector, if there be one, and if not, then 
 the church-warden present, or if both the cburch- 
 wardens be present, then the church-warden who 
 shall be called to the chair by a majority of votes 
 shall preside, and have the casting vote. 
 
 17. Whenever any corporation organized under the 
 provisions of this act shall deem it for the interests 
 of such corporation to change the number of its vestry- 
 men, it shall and may be lawful for such corporation 
 to change the same, provided that the number of such 
 vestry-men shall not thereby be less than four, nor 
 more than eight; and, in order to effect such change, 
 the same shall be authorized and approved by the 
 vestry, at the regular meeting thereof, and shall then, 
 at the next stated annual election for wardens and 
 vestry-men, be submitted to and ratified by a majority 
 of the votes of all the qualified voters voting at such 
 election ; notice of which proposed change, and that 
 the same will be submitted for ratification at such 
 election, shall be given at the same time, and in the 
 same manner, as is required for notice of the said 
 election ; and if such change be thus ratified, a certif- 
 icate shall be made, setting forth the resolution of the 
 vestry, and the proceedings to ratify the same, to- 
 gether with the fact of the notice being given as re- 
 quired, and shall be acknowledged or proved or re- 
 corded, in the same manner as is required for the 
 original certificate of organization ; and thereupon 
 
1 80 Laivs Relating to Religious Corporations. 
 
 the number of vestry-men to constitute a part of the 
 vestry of such corporation shall be such as shall be 
 fixed by the proceedings to effect such change. 
 But such change shall not take effect, or be operative, 
 until the certificate above mentioned shall have been 
 duly ^recorded. 
 
 Sec. 2. The provisions of the ninth, tenth, eleventh, 
 twelfth, thirteenth, fourteenth, fifteenth, sixteenth, and 
 seventeenth clauses of section one of this act shall 
 apply to any church or corporation in communion 
 with the Protestant Episcopal Church in this State, 
 heretofore incorporated under the act hereby 
 amended, or under any of the acts amending the 
 same ; or under the several acts to provide for the 
 incorporation of religious societies, passed April 6, 
 1784, March 2^, 1801 ; or the Act for the Relief of 
 the Protestant Episcopal Church in the State of New- 
 York, passed March 17, 1795 ; or by any special 
 charter made or granted before or after July 4, 1776, 
 whereof the vestry, at a regular meeting, shall, by 
 vote, determine to adopt the same ; and such vote 
 shall, at the next ensuing stated annual election for 
 wardens and vestry-men, be submitted to, and ratified 
 by a majority of the votes of all the qualified voters 
 voting at such election ; notice of such vote of the 
 vestry, and of the proposed submission of the same 
 for ratification, having been given at the same time, 
 and in the same manner, as is required by the tenth 
 clause of the first section of this act, for notice of elec- 
 tion. But such adoption shall not take effect, or be 
 operative, until a certificate, embodying a true copy 
 of the resolution of the vestry, as entered upon their 
 
New York, i8i 
 
 minutes, and the proceedings to ratify the same, to- 
 gether with the fact of the notice being given as re- 
 quired, shall have been acknowledged or proved, and 
 shall be recorded, as is required by the foregoing 
 seventh clause of section one, for the certificate of 
 incorporation. 
 
 Sec. 3. The first section of the act passed March 
 5, 1 8 19, entitled " An Act to Amend the Act entitled 
 * An Act to Provide for the Incorporation of Relig- 
 ious Societies,' " is hereby repealed. 
 
 Sec. 4. The third section of the act passed Febru- 
 ary 15, 1826, entitled "An Act to Amend an Act 
 entitled ' An Act to Provide for the Incorporation of 
 Religious Societies,'" passed April 5, 18 13, shall not 
 apply to any church or congregation in connection 
 with the Protestant Episcopal Church in this State. 
 
 Sec. 5. All acts and parts of acts inconsistent 
 with the provisions of this act are hereby repealed. 
 
 ROMAN CATHOLIC CHURCH. 
 Act passed March 25, 1863. 
 
 Sec. I. It shall be lawful for any Roman Catholic 
 Church or congregation, now or hereafter existing in 
 this State, to be incorporated according to the pro- 
 visions of this act. 
 
 Sec. 2. The Roman Catholic archbishop, or bishop 
 of the diocese in which such church is erected, or in- 
 tended so to be, the vicar-general of such diocese, 
 and the pastor of such church for the time being, re- 
 spectively, or a majority of them, may select and ap- 
 point two laymen, members of such church, and may, 
 together with such laymen, sign a certificate, in 
 
1 82 Laws Relating to Religions Corporations. 
 
 duplicate, showing the name or title by which they, and 
 their successors, shall be known and distinguished as 
 a body corporate, by virtue of this act : which certif- 
 icate shall be duly acknowledged or proved in the 
 same manner as conveyances of real estate. 
 
 Sec. 3. One of such certificates shall be filed in the 
 office of the Secretary of State, and the other in the 
 office of the clerk of the county in which said church 
 may be erected, or intended so to be ; and thereupon 
 such church or congregation shall be a body corpo- 
 rate, by the name or title expressed in such certificate, 
 and the persons signing the same shall be the trustees 
 thereof. 
 
 Sec. 4. The successor of any such archbishop, bish- 
 op, vicar-general, or pastor, respectively, for the time 
 being, shall, by virtue of his office, be the trustee of 
 such church in place of his predecessor ; and such lay- 
 men shall hold their office respectively for one year, 
 and whenever the office of such layman shall become 
 vacant, by death, removal, resignation, or otherwise, 
 his successor shall be appointed in the same manner 
 as herein provided for his original selection. 
 
 Sec. 5. The trustees of every such church or congre- 
 gation, and their successors, shall have all the powers 
 and authority granted to the trustees of any church, 
 congregation, or society, by the fourth section of an 
 act entitled " An Act to Provide for the Incorporation 
 of Religious Societies," passed April 5, 1813 ; and 
 shall also have the power to fix or ascertain the salary 
 to be paid to any pastor or assistant pastor of such 
 church. But the whole real and personal estate of 
 any such church, exclusive of the church edifice, par- 
 
New York. 183 
 
 sonage, and school-houses, together with the land on 
 which the same may be erected, and burying-places, 
 shall not exceeed the annual value or income of three 
 thousand dollars. 
 
 Nothing herein contained shall be held or taken 
 to repeal, alter, or impair the effect of chapter 360 of 
 the laws of i86a 
 
 THE BAPTIST CHURCH. 
 Act passed May 28, 1873. 
 
 Sec. I. It shall be lawful for any Baptist Church 
 now existing, or that may hereafter be organized in 
 this State, to be incorporated according to the pro- 
 visions of this act, as follows : — 
 
 Sec. 2. The members of any such church, of full 
 age, may assemble at their place of worship, and, by 
 a majority of the votes of such members, elect any 
 number of persons, not less than three nor more than 
 nine, as trustees, at the time and in the manner pro- 
 vided for in the third section of this act. 
 
 Sec. 3. Public notice shall be given in the congre- 
 gation of the meeting for the incorporation of such 
 church, and the first election of trustees, under the 
 provisions of this act, and also for all subsequent 
 meetings for the election of trustees, at least fifteen 
 days previous to the time for such incorporation and 
 election or elections, and on not less than two suc- 
 cessive Sabbaths or other days of public service. 
 The object, time, and place of such meeting shall 
 be distinctly stated in such notice. 
 
 Sec. 4. The trustees so elected shall file, under 
 oath, in the office of the clerk or register of the 
 
184 Laws Relating to Religious Corporations. 
 
 county in which the church is located, a certificate 
 of their election, duly signed by the chairman and 
 secretary of the meeting at which such election took 
 place, and thenceforth said church, organized under 
 the provisions of this act, shall be a body corporate 
 by the name expressed in the certificate of their in- 
 corporation. Such trustees shall hold regular meet- 
 ings for business at such time and place as they may 
 appoint, and special meetings may be called by any 
 three of them ; a majority of the whole number shall 
 be a quorum for the transaction of business, and a 
 majority vote shall decide any question. 
 
 Sec. 5. Whenever a trustee, by removal or other- 
 wise, ceases to be a member of such church, or, if 
 not a member, ceases to attend or to support its 
 worship, he shall at the same time cease to act as a 
 trustee, and his place shall be declared vacant by an 
 official notice of the board of trustees to the church, 
 and a new election shall be ordered to fill such va- 
 cancy, as provided in section three of this act. 
 
 Sfx. 6. All the provisions of the act entitled " An 
 Act for the Incorporation of Religious Societies," 
 and the several acts amendatory thereof, so far as 
 they relate to the term of service and the powers 
 and duties of trustees, shall apply to the trustees of 
 churches which shall be organized or incorporated 
 pursuant to the provisions of this act, so far as the 
 same are not in conflict or inconsistent therewith. 
 
 Sec. 7. This act shall take effect immediately. 
 
New York. 185 
 
 INCORPORATION OF A PRESIDING ELDER'S DISTRICT OF 
 THE METHODIST EPISCOPAL CHURCH. 
 
 Chapter 265, Laws of 1S67. 
 
 Sec. I. The presiding elder and a majority of the 
 district stewards, appointed according to the Disci- 
 pline of the Methodist Episcopal Church, residing 
 in any ecclesiastical district in this State, erected by 
 an Annual Conference of said church as a presiding 
 elder's district, may make, sign, and acknowledge 
 before some officer competent to take the acknowl- 
 edgment of deeds, and file in the office of the clerk 
 of any county in such district, and a duplicate there- 
 of in the office of the Secretary of State, a certificate in 
 writing, in which shall be stated the corporate name 
 of such corporation ; the names, residences, and offi- 
 cial relation to the district of the persons signing 
 such certificate ; the number of trustees, not less 
 than three nor more than nine, who shall manage 
 the property and affairs of said corporation for the 
 first year, and their names ; and in which certificate 
 it shall be further stated in substance that the object 
 of such corporation is to secure the benefits of this 
 act. 
 
 Sec 2. When such certificate shall be filed as 
 aforesaid, the persons who shall have made, signed, 
 and acknowledged the same, and their successors, 
 shall be and become a body politic and corporate, 
 by the name stated in such certificate ; and such 
 corporation shall have succession, and possess the 
 general powers conferred on corporations, by the 
 eighteenth chapter of the first part of the Revised 
 
1 86 Laws Relating to Religious Corporations. 
 
 Statutes of this State, and shall also have power to 
 take, by gift, grant, or purchase, any estate, real or 
 personal, for the use of, and as a residence for, the 
 presiding elder for the time being of such district 
 and his successors in office, and from time to time 
 to sell and convey the same, and re-invest the pro- 
 ceeds thereof for a like purpose, as the trustees of 
 such corporation, with the approval of the Annual 
 Conference having jurisdiction over the district, may 
 direct ; but the annual income or value of such real 
 and personal estate shall not exceed five thousand 
 dollars. 
 
 Sec. 3. Any real estate heretofore conveyed for 
 the use of, or as a residence for, a presiding elder of 
 any such district, and his successors in office, may be 
 conveyed by the trustees holding the title thereof to 
 a corporation formed as aforesaid for the district in 
 which such estate is situated ; whereupon the title 
 thereto shall vest in such corporation for the pur- 
 poses defined by this act. 
 
 Sec. 4. The district stewards of any presiding eld- 
 er's district, at their annual meeting, may appoint 
 from time to time trustees for any such corporation 
 within tlieir district to supply the places of those 
 whose terms shall expire, and to fill any vacancies in 
 the number of such trustees, and trustees of any 
 such corporation shall respectively hold their offices 
 for one year, and until others are appointed in their 
 places. 
 
 Sec. 5. This act shall take effect immediately. 
 
New York, 187 
 
 Chapter 408. 
 
 AN ACT ui relation to parsonages in certain cases. 
 
 Passed May 21, 1875, 
 
 The People of the State of New York, represented in 
 the Senate and Assembly, do enact as follows : — 
 Sec. r. In all cases now existing, or which may 
 hereafter exist, in which any priest, clergyman, or 
 minister of the gospel, shall serve or minister to two 
 or more churches, congregations, or religious societies, 
 incorporated under the provisions of the act entitled 
 "An Act to provide for the Incorporation of Religious 
 Societies," passed April fifth, eighteen hundred and 
 thirteen, and the acts amendatory thereof, it shall be 
 lawful for such churches, congregations, or religious 
 societies to have, hold, and own a lot or lots or farm, 
 . with such building or buildings thereon, as the said 
 churches, congregations, or religious societies may 
 deem necessary or proper for the use of such priest, 
 clergyman, or minister of the gospel as shall serve 
 or minister to such churches, congregations, or relig- 
 ious societies, to be occupied and used by such priest, 
 clergyman, or minister of the gospel as a parsonage 
 during the time he shall serve or minister to such 
 churches, congregations, or religious societies. 
 
 Sec. 2. After the passage of this act the said 
 churches, congregations, or religious societies shall 
 have power to elect three trustees, each being a 
 member of one of said churches, congregations, or 
 religious societies, to be denominated parsonage trust- 
 ees, to take and hold the title to such lot or lots, or 
 farm as may be purchased for parsonage purposes. 
 
1 88 Lazvs Relating to Religions Corporations. 
 
 as trustees of, and for the use and benefit of said 
 churches, congregations, or religious societies. 
 
 Sec. 3. The priest, clergyman, or minister of the 
 gospel so serving or ministering to such churches, 
 congregations, or religious societies, shall designate 
 some day other than Sunday, and the hour of the 
 day, when the election of the first trustees shall be 
 held, at the place where each of such churches, con- 
 gregations, or religious societies statedly meets for 
 worship. Notice of the time of holding such election 
 shall then be given to each of such churches, con- 
 gregations, or religious societies, in the manner pre- 
 scribed by the third section of the act above men- 
 tioned. Notice shall also be given, at the same time 
 and in the same manner, of the place where the board 
 of canvassers, created by this act, shall meet to can- 
 vass the votes given at the election for trustees. At ♦ 
 the time so appointed for such election, said churches, 
 congregations, or religious societies shall, by a plural- 
 ity of voices, elect one of their members chairman of 
 such meeting, and the clerk of such church, congre- 
 gation, or religious society, if present, shall be clerk 
 of such meeting ; but if such clerk shall be absent, 
 then such church, congregation, or religious societies 
 shall, by plurality of voices, elect one of their mem- 
 bers* clerk for the time being. 
 
 Sec. 4. Said election of trustees shall be by ballot, 
 and the three persons for whom the highest number 
 of ballots shall be cast shall be the first trustees. 
 The chairman of each of such meetings shall preside 
 thereat, receive the ballots, preserve order, and see 
 that the business before the meeting is conducted in 
 
New York. 189 
 
 an orderly and legal manner. The clerk of each 
 meeting shall keep a record of the proceedings thereof, 
 and also a poll-list, containing the names of all the 
 persons who shall vote at such election. All persons 
 who shall be entitled to vote for trustees of such 
 church, congregation, or religious society may law- 
 fully vote at such election, and no others. The 
 chairman and clerk of each meeting shall canvass 
 the votes cast at such election, and make and sign a 
 certificate thereof setting forth the time and place at 
 which such election was held, the whole number of 
 votes cast, the names of all persons voted for, and 
 the number of votes given for each. 
 
 Sec. 5. The chairman of any or either of such 
 meetings may, by a writing signed by him, appoint 
 the clerk of such meeting a canvasser in his place 
 and stead ; such chairmen as do not appoint the 
 clerk a canvasser in his stead, and such clerks as 
 shall or may be appointed canvassers as above men- 
 tioned, shall meet at the place designated in the 
 notice given for such election, on the day following 
 such election, at three o'clock in the afternoon of 
 that day, and shall form themselves into a board of 
 canvassers by the election of one of their number 
 chairman of said board, and another one of their 
 members secretary of said board, and shall then, from 
 all the certificates of the elections held the day be- 
 fore, ascertain the whole number of votes cast for 
 parsonage trustees, the names of all the persons voted 
 for, and the number of votes given for each, and shall 
 declare the three persons having the largest number 
 
 of votes elected trustees. They shall then proceed 
 14 
 
1 90 Laws Relating to Religious Corporations. 
 
 to divide said trustees, by lot, into three classes, one 
 of whom shall hold office for one year, one for two 
 years, and one for three years ; and thereafter one 
 parsonage trustee shall be elected each year, at the 
 time, and in the manner, and upon the notice pre- 
 scribed for the election of the first parsonage trust- 
 ees. They shall then designate the name by which 
 such parsonage trustees shall be known and called, 
 as the parsonage trustees of a certain circuit, [naming 
 it,] or of a certain place, [naming it,] and its vicinity. 
 
 Sec. 6. The secretary of the said board of can- 
 vassers shall keep a record of all the proceedings of 
 said board in a book to be provided for that purpose, 
 and shall also file and preserve all certificates of elec- 
 tion on which such board shall act. He shall also 
 make a certificate of the election of the persons 
 chosen trustees, of their classification and the time 
 each is to serve, which shall be signed by the chair- 
 man of such board and by such secretary, and shall 
 be acknowledged by them in such manner as deeds 
 are by law required to be acknowledged to entitle 
 them to be recorded. Such certificate and acknowl- 
 edgment shall then be recorded in the office of the 
 clerk of the county or counties in which any one of 
 such churches, congregations, or religious societies 
 may be located. 
 
 Sec. 7. Upon the recording of such certificate the 
 said trustees and their successors shall be 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 shall be capable, 
 in law, of suing and being sued, and may have and use 
 
New York. 19 1 
 
 a common seal, and may alter and change the same 
 at pleasure ; and by their corporate name be capable 
 of receiving, purchasing, and holding for the use and 
 benefit of such churches, congregations, or religious 
 societies, such real and personal estate as such 
 churches, congregations, or religious societies may 
 deem necessary or proper to purchase for the use of 
 the priest, clergymen, or ministers of the gospel, who 
 shall serve or minister to them, as aforesaid, and to 
 manage, improve, protect and preserve said property. 
 
 Sec. 8. In case it shall happen that an election of 
 trustees shall not be held on the day designated for 
 such election, the corporation shall not for that reason 
 be dissolved, but such election may be held on some 
 other day, by giving notice of such election, in the 
 manner prescribed for the first election of trustees, 
 but the time of service of the trustee so elected shall 
 expire at the same time his term would have expired 
 in case he had been elected at the proper time. 
 
 Sec. 9. In case of the death or removal from the 
 county of any one or more of said trustees, the re- 
 maining trustees or trustee may, by writing under 
 their or his hand and seal, appoint a trustee or trust- 
 ees in the place and stead of the trustee or trustees 
 so dying, or removing from the county, until the 
 time appointed for the next election, when a trustee 
 or trustees shall be elected in the place or places of 
 him or them so dying or removing, in the same man- 
 ner as other trustees are required to be elected. 
 
 Sec. 10. This act shall take effect immediately. 
 
192 Laws Relating to Religious Corporations. 
 
 Chapter 26, Laws of 1874. 
 
 AN ACT authorizing the formation of corporations to secure camp- 
 grounds^ and other property connected therewith, for the use of the 
 Methodist Episcopal Church. 
 
 The People of the State of New York, represented in 
 Senate and Assembly, do enact as follows ;— 
 Sec. I. The presiding elder of any district, or the 
 presiding elders of any number of districts, and a 
 majority of the district stewards of any district or 
 districts, appointed according to the Discipline of the 
 Methodist Episcopal Church, residing in any ecclesi- 
 astical district or districts in this State, erected by an 
 Annual Conference of said church as a presiding 
 elder's district or districts, may make, sign, and ac- 
 knowledge, before some officer competent to take 
 the acknowledgment of deeds, and file in the office 
 of the clerk of any county in such district or dis- 
 tricts, and a duplicate thereof in the office of the 
 Secretary of State, a certificate in writing, in which 
 shall be stated the corporate name of said corpora- 
 tion ; the names, residences, and official relation to 
 the district of the person signing such certificate ; the 
 number of trustees, not less than three nor more 
 than nine, who shall manage the property and affairs 
 of said corporation for the first year, and their names, 
 and in which certificate it shall be further stated, in 
 substance, that the object of such corporation is to 
 secure the benefits of this act. 
 
 Sec. 2. The district stewards of any presiding 
 elder's district, at their annual meeting, may appoint 
 from time to time trustees for any such corporation 
 
New York. 193 
 
 within their district, to supply the places of those 
 whose terms of office shall expire, and to fill any 
 vacancies in the number of such trustees. And 
 when two or more districts join such corporation, 
 then the district stewards of each district, at their 
 annual meeting, may appoint their equal portion of 
 said trustees ; but in case the number of trustees can- 
 not be equally divided between the districts, then 
 the district in which the camp-ground is located may 
 appoint such trustee. 
 
 Sec. 3. When such certificate shall be filed as 
 aforesaid, the persons who shall have made, signed, 
 and acknowledged the same, and their successors, 
 shall be and become a body politic and corporate, by 
 the name stated in such certificate ; and such corpo- 
 ration shall have succession, and possess the general 
 powers conferred on corporations by the eighteenth 
 chapter of the first part of the Revised Statutes of 
 this State ; and shall also have power to take, by gift, 
 grant, or purchase, any estate, real or personal, the 
 annual income of which shall not exceed ten thou- 
 sand dollars, for the use of the authorities of the 
 Methodist Episcopal Church representing said dis- 
 trict or districts as a camp-ground for camp-meeting 
 purposes, and from time to time to sell and convey 
 the same, and to re-invest the proceeds thereof for a 
 like purpose, as the trustees of such corporation, 
 with the approval of the Annual Conference having 
 jurisdiction over the district or districts, may direct. 
 And all the provisions of article seven, title eight, 
 chapter twenty, part first of the Revised Statutes of 
 this State, entitled "of the disturbance of religious 
 
194 Laws Relating to Religions Corporations. 
 
 meetings," shall apply to religious meetings held in 
 pursuance of this act, in accordance with the usages 
 of said Methodist Episcopal Church. And the trust- 
 ees of any such camp-ground appointed according to 
 the provisions of this act, and for the purpose named 
 in this act, and their successors in office, are hereby 
 clothed with the same powers as are conferred upon 
 peace officers in and by said article seven. 
 
 Sec. 4. Any real estate heretofore conveyed for 
 camp-meeting purposes may be conveyed by the 
 trustees holding the title thereof to a corporation 
 formed as aforesaid, whereupon the title thereto shall 
 vest in such corporation for the purpose defined in 
 this act. 
 
 Sec. 5. Districts may unite with such corporation 
 by conforming to this act, and appending their certifi- 
 cates to the original ones. 
 
 Sec. 6. This act shall take effect immediately. 
 
 Chapter 325. 
 
 AN ACT to amend chapter twenty-six of the laws of eighteen Hun- 
 dred and sevetzty-four, entitled " An act authoriziitg the formation 
 of corporations to secure camp-grounds and other property connected 
 therewith for the use of the Methodist Episcopal Church^ 
 
 Passed May 14, 1875. 
 
 The People of the State of New York, represented in 
 Senate and Assembly, do enact as follows : — 
 
 Sec. r. Section two of chapter twenty-six of the 
 laws of eighteen hundred and seventy-four, entitled 
 "An act authorizing the formation of corporations to 
 secure camp-grounds, and other property connected 
 therewith, for the use of the Methodist Episcopal 
 
New York, 195 
 
 Church," is hereby amended so as to read as fol- 
 lows : — 
 
 Sec. 2. Whenever in forming any corporation un- 
 der this act a greater number of trustees than nine 
 shall be desired, the number of trustees shall be 
 specified in the articles of incorporation, which shall 
 be not less than nine nor more than twenty-one, and 
 shall specify in said articles the names of the per- 
 sons as trustees to manage the affairs of said corpo- 
 ration until others are elected in their places ; said 
 trustees shall be divided by lot info three classes, the 
 first class to hold their office for one year ; the sec- 
 ond class to hold their office for two years ; the 
 third class to hold their office for three years. The 
 said corporation, when organized, and any camp- 
 ground or camp-meeting association heretofore or- 
 ganized under the laws of the State of New York, 
 shall have power to adopt a constitution, and to pre- 
 scribe rules and regulations not inconsistent with the 
 constitution and the laws of the State or of the 
 United States, for the government thereof, and for 
 the election of trustees, and its officers. One third 
 of the trustees shall be annually elected, and vacan- 
 cies filled in such manner as the constitution of said 
 corporation shall prescribe. When the camp-grounds 
 proposed to be selected by such corporation shall be 
 situated upon or near the borders of this State, per- 
 sons residing out of the jurisdiction of this State 
 may be permitted to join in and become members of 
 said corporation, and shall be eligible to be elected 
 officers thereof When the number of trustees do 
 not exceed nine, or no constitution is adopted by the 
 
196 Laws Relating to Religious Corporations. 
 
 corporation prescribing the mode of elections of its 
 trustees and officers, then the district stewards of any 
 presiding elders district, at their annual meeting, 
 may appoint, from time to time, trustees for such 
 corporation within their district to supply the place 
 of those whose term of office shall expire, and to fill 
 vacancies in the number of trustees. And when two 
 or more districts join in such corporation, then the 
 district stewards of each district, at their annual meet- 
 ing, may appoint their equal proportion of said trust- 
 ees. But in case the number of trustees cannot be 
 equally divided between the districts, then the dis- 
 trict in which the" camp-ground is located may ap- 
 point such trustees. 
 
 Sec. 2. All restrictions imposed upon such corpo- 
 rations, heretofore organized under any law of this 
 State, relating to the amount of real or personal 
 estate, or the value thereof, which such corporation 
 may hold, are hereby removed, provided the entire 
 annual income shall not exceed the sum authorized 
 by section three of the act hereby amended, unless 
 by their charters they are empowered to hold a larger 
 amount. Whenever any camp-ground association 
 shall own land on any of the navigable waters of the 
 State of New York, to be used for camp-ground pur- 
 poses only, the said association shall have authority 
 to regulate the landing of any person, or vessel, on 
 said wharves, piers, or shore, during the holding of 
 religious services, and may also regulate or prohibit 
 the use of said wharves and piers, or shore, during 
 said services, by any person or vessel. 
 
 Sec. 3. This act shall take effect immediately. 
 
New York, 197 
 
 INCORPORATION OF PRESBYTERIES. 
 
 Passed May 17, 1875. 
 
 The People of the State of New York, represented in 
 Senate and Assembly ^ do enact as follows : — 
 
 Sec. I. It shall be lawful for any presbytery, now 
 or hereafter to be constituted or established, not al- 
 ready incorporated, at any stated meeting thereof, by 
 plurality of voices, to elect any number of discreet 
 persons, not less than three nor exceeding nine in num- 
 ber, as trustees to take charge of the real estate and 
 property belonging thereto, and to transact all affairs 
 relating to the temporalities thereof. And the moder- 
 ator and stated clerk of said presbytery shall, imme- 
 diately thereafter, certify, under their hands and seals, 
 the names of the persons elected as trustees for such 
 presbytery, in which certificate the name or title by 
 which the said trustees and their successors shall for- 
 ever thereafter be called or known shall be particu- 
 larly mentioned and described ; which said certificate, 
 being duly acknowledged or proved before an officer 
 authorized by law to take the proof or acknowledg- 
 ment of deeds of real estate, by said moderator and 
 stated clerk, shall be recorded by the clerk of one of 
 the counties situated, wholly or in part, within the 
 bounds of said presbytery, in the book where the 
 clerk is required by law to record certificates of the 
 organization of religious societies, and such trustees 
 and their successors shall thereupon, by virtue of this 
 
198 Laws Relating to Religious Corporations. 
 
 act, be a body corporate, by the name or title expressed 
 in such certificate. 
 
 Sec. 2. The said corporation shall, in law, be capa- 
 ble of taking for religious, educational, and charitable 
 purposes, by gift, devise, bequest, grant, or purchase, 
 and of holding, conveying, and otherwise disposing of 
 the same from time to time, all personal and real 
 estate held for the benefit of any such presbytery, at 
 the time the same shall become incorporated or which 
 had then been or may thereafter, for the purpose of 
 any such presbytery and in the promotion of its re- 
 ligious, educational, or charitable purposes, be given, 
 devised, bequeathed or granted, to any such corpora- 
 tion by its name or for the religious, educational, and 
 charitable use thereof, or which may, in any manner, 
 have accrued or shall accrue from the interest, income, 
 or use of such real and personal estate ; provided, 
 that the yearly mcome received from the property of 
 any such corporation shall not exceed the sum of 
 ten thousand dollars. 
 
 Sec. 3. Whenever any church, in connection with 
 any such presbytery, shall become extinct, by reason 
 of the death or removal of its members, it shall be 
 lawful for such corporation to take possession of the 
 temporahties belonging to the society formed in con- 
 nection with such extinct church, and manage or 
 dispose of the same, and apply the proceeds thereof to 
 any of the objects mentioned in the second section of 
 this act. 
 
 Sec. 4. The management and disposal of affairs and 
 property of such corporation shall be in the hands of 
 the trustees thereof ; and which trustees shall hold 
 
New York, 199 
 
 their office at the pleasure of the presbytery elect- 
 ing them, and all vacancies shall be filled by the pres- 
 bytery. 
 
 Sec. 5. This act shall take effect immediately. 
 
 DISSOLUTION OF SOCIETIES. 
 
 Chapter 424. Laws of 1872. 
 
 Sec. I. Whenever any religious society incorpo- 
 rated by law shall cease to act in its corporate 
 capacity, and keep up the rehgious services, it shall 
 be lawful for the Supreme Court of this State, upon 
 application of a majority of the trustees thereof incor- 
 porated by law, except in the city and county of New 
 York, in case said court shall deem it proper to do so, 
 to order and decree a dissolution of such religious 
 society, and for that purpose to order and direct a 
 sale and conveyance of any and all property belonging 
 to such society ; and after providing for the ascertain- 
 ing and payment of the debts of such society, and the 
 necessary cost and expenses of such sale and pro- 
 ceedings for dissolution, so far as the proceeds of 
 such sale shall be sufficient to pay the same, such 
 court may order and direct any surplus of such pro- 
 ceedings remaining, after paying such debts, costs, 
 and expenses, to be devoted and applied to any such 
 religious, benevolent, or charitable objects or purposes 
 as the said trustees may indicate by their application 
 and the said court may approve. 
 
 Sec. 2. Such application to said court shall be 
 made by petition, duly verified by said trustees, which 
 petition shall state the particulars or causes why such 
 
200 Lazvs Relating to Religions Corporations. 
 
 sale and dissolution are sought ; the situation, con- 
 dition, and estimated value of the property of said 
 society or corporation, and the particular object or 
 purposes to which it is proposed to devote any surplus 
 of the proceeds of such property, and such petition 
 shall in all cases be accompanied with proof that 
 notice of the time and place of such intended applica- 
 tion to said court has been duly published once in 
 each week, for at least four weeks successively next 
 preceding such application, in a newspaper published 
 in the county where such society is located. 
 
 Sec. 3. In case there shall be no trustees of such re- 
 ligious society residing in the county in which such so- 
 ciety is located, such application may be made, and 
 such proceedings taken by a majority of the members 
 of such religious society residing in such county. 
 
 Sec. 4. This act shall take effect immediately. 
 
 Form of Certificate of Incorporation of a Religious 
 Society. 
 
 State of New York, 
 
 County, ' ^^• 
 
 We, the undersigned, two of the members of the 
 religious society hereinafter mentioned, do hereby 
 certify that on the day of , the per- 
 sons of full age belonging to a religious society in 
 which divine worship is maintained according to the 
 rites of the Church, and not already incor- 
 porated, met at the place of public worship hereto- 
 fore occupied by said society in the town of , 
 
 in said county, for the purpose of incorporating them- 
 
New York. 201 
 
 selves, and did then and there elect by plurality of 
 voices [A. B., C. D., E. F., not less than three nor 
 more than nine] as trustees of said society ; and the 
 said persons did then and there determine by like 
 plurality of voices that the said corporation should 
 forever hereafter be called and known by the name 
 
 or title of 
 
 Witness our hands and seals as presiding officers 
 of the meeting aforesaid, this day of , 
 
 18 . 
 
 A. B. [Seal.] 
 
 C. D. [Seal.] 
 
 Proof of Execution of the foregoing Certificate : — 
 County, ss. : 
 
 On this day of personally appeared 
 
 before me (A. B. and C. D.) to me known, who ac- 
 knowledged that they executed the above-named cer- 
 tificate for the purposes therein mentioned. 
 
 E. F., yustice of the Peace, 
 {or Notary Pnblic) 
 
 DISTURBING RELIGIOUS MEETINGS. 
 Revised Statutes, 1859, Part I, Chapter 20— Article 7. 
 
 Sec. 58. No person shall willfully disturb, inter- 
 rupt, or disquiet any assemblage of people met for 
 religious worship, by profane discourse, by rude and 
 indecent behavior, or by making a noise either within 
 the place of worship or so near it as to disturb the 
 order and solemnity of the meeting ; nor shall any 
 person, within two miles of the place where any 
 
202 Laws Relating to Religious Corporations. 
 
 religious society shall be actually assembled for re- 
 ligious worship, expose to sale or gift any ardent or 
 distilled liquors, or keep open any huckster shop in 
 any other place, inn, store, or grocery than such as 
 shall have been duly licensed, and in which such 
 person shall have usually resided or carried on busi- 
 ness ; nor shall any person within the distance afore- 
 said exhibit any shows or plays, unless the same shall 
 have been duly licensed by the proper authority ; nor 
 shall any person within the distance aforesaid pro- 
 mote, aid, or be engaged in any racing of animals, or 
 in any gaming of any description ; nor shall any per- 
 son obstruct the free passage of any highway to any 
 place of public worship within the distance afore- 
 said. 
 
 Sec. 59. Whoever shall violate either of the pro- 
 visions of the foregoing section may be convicted 
 summarily before any justice of the peace of the 
 county, or any mayor, recorder, alderman, or other 
 magistrate of any city where the offense shall be 
 committed, and on such conviction shall forfeit a 
 sum not exceeding twenty-five dollars, for the bene- 
 fit of the poor of the county. 
 
 Sec. 60. It shall be the duty of all sheriffs and 
 their deputies, coroners, marshals, constables, and 
 other peace officers, who may be present at the 
 meetings of any assembly for religious worship 
 which shall be interrupted or disturbed in the man- 
 ner herein prohibited, to apprehend the offender, and 
 take him before some justice of the peace, or other 
 magistrate authorized to convict as aforesaid, to be 
 proceeded against according to law. 
 
New York, 203 
 
 Sec. 61. All judges, mayors, recorders, aldermen, 
 and justices of the peace within their respective ju- 
 risdictions, upon their own view of any person of- 
 fending against the provisions of this article, may 
 order the offenders into the custody of any officer in 
 the preceding section named, or of any official mem- 
 ber of the church or society so assembled and dis- 
 turbed, for safe keeping until he shall be let to bail, 
 or a trial of such offense be had. 
 
 Sec. 62. If any person convicted of any of the 
 offenses herein prohibited shall not immediately pay 
 the penalty incurred, with the costs of the conviction, 
 or give security to the satisfaction of the officer be- 
 fore whom the conviction shall be had, for the pay- 
 ment of said penalty and costs within twenty days 
 thereafter, he shall be committed by warrant to the 
 common jail of the county until the same be paid, or 
 for such term, not exceeding thirty days, as shall be 
 specified in the warrant. 
 
 Sec. 63. From and after the passage of this act, it 
 shall and may be lawful for any person who may be 
 complained of for a violation of any of the provisions 
 of the article hereby amended, before the court shall 
 proceed to investigate the merits of the cause, to de- 
 mand of such court that he may be tried by a jury. 
 Upon such demand, it shall be the duty of such 
 court to issue a venire to any constable of the county 
 or marshal of the city where the offense is to be 
 tried, commanding such officer to summon the same 
 number of jurors, and in the same manner as is pro- 
 vided for the summoning of jurors before a Court of 
 Special Sessions. The said court shall proceed to 
 
204 Laws Relating to Religious Corporations, 
 
 empanel a jury for the trial of said cause in the 
 same mannner, and shall be subject to all the rules 
 and regulations prescribed in the act providing for 
 trials by jury in courts of Special Sessions. [1834, 
 chap. 78.] 
 
 Sec. 64. In addition to the costs allowed by law 
 for prosecution under the article hereby amended, 
 all the costs consequent upon a trial by jury shall be 
 added, and paid by the party offending in case of 
 conviction, and shall be the same as is allowed by 
 law in civil cases. 
 
 Chapter XXVI.— North Carolina. 
 
 (Battle's) Public Statutes, 15T3. -Chapter 101. 
 
 Donations — Vacant Lands — Societies may appoint Trustees — How 
 Removed — Penalties for Obstructing the way to Places of Worship — 
 Exhibitions — Sale of Liquor — Quakers may wear Hats in Court. 
 
 Sec. I. All glebes, lands, and tenements heretofore 
 purchased, given, or devised for the support of any 
 particular ministry or mode of worship, and all 
 churches and other houses built for the purjjose 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 for their respective use, shall 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 
 
North Carolina. 205 
 
 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 shall 
 be deemed and held to be absolutely vested, as between 
 the parties thereto, in the trustees respectively of the 
 said churches, denominations, societies, and congre- 
 gations for their several use, according to the intent 
 expressed in the conveyance, gift, grant; or will ; and 
 in case there shall be no trustees, then in the said 
 churches, denominations, societies, and congregations 
 respectively, according to such intent. 
 
 Sec. 2. All houses and edifices erected for public 
 worship on vacant lands, or on lands of the State, not 
 for other purposes intended or appropriated, together 
 with two acres adjoining the same, shall hereafter be 
 held and kept sacred for divine worship, to and for 
 the use of the society by which the same was origin- 
 ally established. 
 
 Sec. 3. The conference, synod, convention, or other 
 ecclesiastical body representing any church or relig- 
 ious denomination within the State, as also the relig- 
 ious societies and congregations within the State, may 
 from time to time, and at any time, appoint in such 
 manner as such body, society, or congregation may 
 deem proper, a suitable number of persons as trust- 
 ees for such church, denomination, religious society, 
 or congregation, who and their successors shall have 
 power to receive donations, and to purchase, take, 
 and hold property, real and personal, in trust for 
 such church or denomination, religious society or 
 congregation ; provided, however, that, besides such 
 
 lands and lots as may be especially set apart and ap- 
 15 
 
2o6 Laws Relating to Religious Corporations. 
 
 propriated to divine worship, no church or denomina- 
 tion, by virtue of this chapter, shall have to their own 
 use lands of a greater yearly value than six thousand 
 dollars ; and no single congregation or society, lands 
 of a greater yearly value than four hundred dollars, 
 and said lands shall be subject to taxation. 
 
 Sec. 4. The body appointing may remove such 
 trustees, or any of them, and fill all vacancies caused 
 by death or otherwise ; and the said trustees and 
 their successors may sue and be sued in all proper 
 actions for or on account of the donations or prop- 
 erty so held or claimed by them, and for and on ac- 
 count of any matter relating thereto, and they shall 
 be accountable to the said churches, denominations, 
 societies, and congregations for the use and manage- 
 ment of said property, and shall surrender it to any 
 person authorized to demand it. 
 
 Sec. 5. If any person shall maliciously stop up or 
 obstruct the way leading to any place of public wor- 
 ship, or to any spring or well commonly used by the 
 congregation, he shall, for every such offense, forfeit 
 and pay twenty dollars. 
 
 Sec. 6. If any person shall bring within half a mile 
 of any place where the people are assembled for di- 
 vine worship, and stop for exhibition, any stud horse 
 or jackass, or shall bring within that distance any 
 natural or artificial curiosities, and there exhibit them, 
 he shall forfeit and pay, to any one who will warrant 
 therefor, the sum of twenty dollars ; provided, that 
 nothing herein contained shall be construed to pro- 
 hibit such exhibitions at any time if made within the 
 limits of any incorporated town, or without such lim- 
 
North Carolina. 207 
 
 its, if made before the hour of ten o'clock in the fore- 
 noon, or after three in the afternoon. 
 
 Sec. 7. No person, Ucensed keepers of taverns and 
 retailers excepted, (and they only when they shall sell 
 at their taverns or shops,) during the progress of re- 
 ligious exercises, at any place where divine service 
 may then be celebrated, shall sell within one mile of 
 such place any spirituous liquor, or any liquor of 
 which spirituous liquor shall be the chief ingredient ; 
 nor shall any person, the keepers of licensed stores 
 only excepted, during such time, and within that dis- 
 tance of such place, be engaged in the occupation of 
 selling, or offering to sell, any article of traffic, pre- 
 pared food and provender only excepted ; and if any 
 person shall offend against this or the preceding sec- 
 tion, he shall forfeit and pay to any one who will war- 
 rant therefor the sum of twenty dollars. 
 
 Sec. 8. If any person shall be intoxicated, or shall 
 quarrel, fight, or be guilty of any other disorderly 
 behavior, at a church, or other place appointed for 
 divine worship, during the time the people shall be 
 there assembled for such worship, he shall for each 
 offense forfeit and pay twenty dollars. 
 
 Sec. 9. The penalties incurred for offenses created 
 by this chapter shall be for the use of the poor of 
 the county, if not otherwise provided ; and on infor- 
 mation thereof, before any justice of the peace of the 
 county wherein they may be committed, he shall 
 issue a warrant against the offender for the penalty 
 incurred ; and if there shall be an appeal from the 
 judgment thereon, the case shall be prosecuted by 
 the proper officer of the State. 
 
2o8 Laws Relating to Religious Corporations. 
 
 Sec. 10. The people called Quakers may wear 
 their hats in courts of judicature or elsewhere, ac- 
 cording to the custom of their sect. 
 
 Chapter XXVII.— Ohio. 
 
 Swan and Cliritchfield"s Eevised Statutes, 1870— Chapter 29. 
 
 What Societies may Incorporate — Certificates to be Recorded — 
 Repeal of Acts of 1858 and i860 — Sale of Real Estate— Disturbance 
 of Religious Meetings — Property of Disturbers Forfeited. 
 
 The following form includes the amendments passed 
 January 26, 1865. 
 
 Sec. 83. That from and after the passage of this 
 act, it shall be lawful for any religious sect, denomin- 
 ation, or association, fire company, or any literary, 
 scientific, or benevolent association, other- than col- 
 leges, universities, academies, or seminaries within 
 this State, or having a central or principal place of 
 meeting or business therein, to elect, at a meeting of 
 a majority of any organized synod, presbytery, con- 
 ference, convention, church, parish, or other religious 
 or ministerial association, fire company, literary, sci- 
 entific, or benevolent association as aforesaid, any 
 number of their members, not less than three, to 
 serve as trustees or directors, who shall hold their 
 office during the pleasure of the society or associa- 
 tion ; provided, that when any such synod, presby- 
 tery, conference, convention, church, parish, or other 
 religious association aforesaid, has heretofore elected 
 any number of persons, not less than three, to serve 
 
Ohio. 209 
 
 as directors or trustees, holding their office during 
 the pleasure of such society or association, such per- 
 sons shall be invested with the powers, privileges, 
 and immunities granted by the provisions of this act, 
 upon their being recorded by the recorder of the 
 proper county, a proper certificate of the election of 
 such persons, and the corporate name given to the 
 same by such synod, presbytery, conference, church, 
 parish, or other religious association, to be made by 
 its clerk, secretary, or other like officer, together 
 with the certificate of the said directors or trustees, 
 or a majority of them, of their acceptance of the pro- 
 visions of this act, or provided that where, by the laws 
 or regulations of any such synod, presbytery, confer- 
 ence, convention, church, parish, or other association 
 aforesaid, now or hereafter organized, any members 
 thereof less than three, have charge of property, or 
 concerns thereof, such less number of members, and 
 their successors, shall be invested with the powers, 
 privileges, and immunities granted to three trustees 
 or directors by the provisions of this act, upon their 
 being recorded by the recorder of the proper county, 
 the proper certificate of the election of such members 
 and the corporate name adopted by such synod, pres- 
 bytery, conference, convention, church, parish, or other 
 association to be made by their clerk, secretary, or 
 other like officer. 
 
 Sec. 84. That the clerk, secretary, or like officer 
 shall make a true record of the proceedings of the 
 meeting provided for by the sixty-sixth section of this 
 act, certify and deliver the same to the recorder of the 
 county in which such meeting shall be held, or in which 
 
210 Laws Relating to Religions Corporations. 
 
 the principal property of such church, fire company, 
 synod, presbytery, conference, convention, parish, or 
 other reHgious or benevolent association shall be 
 situated, or in which their principal enterprise or 
 business is carried on, together with the name by 
 which such church, fire company, synod, presbytery, 
 conference, convention, parish, or other religious or 
 benevolent association, shall thereafter desire to be 
 known ; and it shall be the duty of such county re- 
 corder in this State, 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 every one hundred words ; and from and 
 after making such record by the county recorder, the 
 said trustees or directors, and their associated mem- 
 bers and successors, shall be invested with the pow- 
 ers, privileges, and immunities incident to aggregate 
 corporations ; and a certified transcript of the record 
 herein authorized to be made by the county re- 
 corder shall be deemed and taken, in all courts and 
 places whatsoever in this State, as evidence of the 
 existence of such association and corporation. 
 
 Sec. 85. The trustees or directors, who may be 
 appointed under the provisions of this act, and their 
 successors in office, shall have perpetual succession, 
 by such name as may be designated, and by such 
 name shall be legally capable of contracting, and of 
 prosecuting and defending suits, and shall have ca- 
 pacity to acquire, hold, enjoy, dispose of, and convey 
 all property, real or personal, which they may acquire 
 
Ohio. 211 
 
 by purchase, donation, or otherwise, for the purpose 
 of carrying out the intentions of such society or as- 
 sociation, but they shall not acquire or hold property 
 for any other purpose. 
 
 Sec. Z6. That such society or association, when 
 incorporated, may elect such officers, and make such 
 rules and regulations, as may be necessary and ex- 
 pedient, for its own government, and the manage- 
 ment of its fiscal and other affairs, to effect the re- 
 spective objects. 
 
 Sec. %j. That if said board of trustees, or direc- 
 tors, as is provided for by the sixty-sixth section of 
 this act, shall be vacated, either in whole or in part, 
 by death, resignation, or otherwise, such board of trust- 
 ees, or directors, may be revived, or such vacancy 
 or vacancies filled, in the manner pointed out in the 
 sixty-sixth section of this act for the original organi- 
 zation of said board, or in the manner pointed out by 
 the laws and regulations of such religious or benevo- 
 lent association, and a majority of said trustees, or 
 directors, shall be a quorum for the transaction of 
 business. 
 
 Amendment to Act of March 24, 1860, passed April 3, 1866. 
 
 Sec. I. That the first and second sections of the 
 above act be so amended as to read as follows : — 
 
 Sec. I. That whenever any religious society shall 
 desire to sell any real estate that may have been 
 conveyed to such society, and is held in trust for a 
 specified religious purpose, it shall be lawful for the 
 trustees, wardens, and vestry, or other officers in- 
 trusted with the manao:ement of the affairs of such 
 
2 1 2 Laivs Relating to Religious Corporations, 
 
 society, to file in the Court of Common Pleas of the 
 county where such real estate may be situated, a 
 petition stating that such society desires to make 
 such sale, setting forth the objects of such sale ; and 
 if, upon the hearing of such case, it shall appear that 
 such sale is desired by the members of such society, 
 and that there is a necessity for the same, the court 
 may authorize the trustees, or other officers holding 
 the title in trust, to sell said real estate, in such man- 
 ner, and upon such terms, as the court may deem 
 reasonable. 
 
 Sec. 2. The trustees, or other officers, authorized 
 to make such sale, shall make return thereof to the 
 court, ordering the same at such time as the court 
 shall order, and thereupon, if the court shall be satis- 
 fied that the same has been made, in all respects, 
 according to its order, and that the proceeds have 
 been invested in other real estate for the use of such 
 society, or otherwise invested or disposed of, accord- 
 ing to the wish of such society, the said sale shall be 
 confirmed, and a deed authorized to be made to the 
 purchaser ; provided, that the provisions of this act 
 shall not extend to any grounds used or occupied as 
 burial places for the dead. 
 
 Sec. 3. That sections one and two of the act to 
 which this is an amendment be and the same are 
 hereby repealed. 
 
 DISTURBING RELIGIOUS MEETINGS. 
 
 Act passed April 12, 1S58. 
 
 Sec. I. That no person shall sell, or expose for 
 sale, give, barter, or otherwise dispose of in any way. 
 
Ohio, 2 1 3 
 
 or at any place, any spirituous or other liquors, or 
 any article of traffic whatever, at or within the dis- 
 tance of two miles from the place where any relig- 
 ious society, or assemblage of people, are collected, or 
 collecting together for religious worship, in any field 
 or woodland ; provided^ that nothing in this act shall 
 affect tavern keepers exercising their calling, nor 
 distillers, manufacturers, or others, in prosecuting 
 their regular trades at their places of business, or 
 any persons disposing of any ordinary articles of 
 provisions, excepting spirituous liquors, at their resi- 
 dences, nor any person having a written permit from 
 the trustees or managers of any such religious so- 
 ciety or assemblage to sell provisions for the supply 
 of persons attending such religious worship, their 
 horses or cattle, such persons acting in conformity to 
 the regulations of said religious assembly and to the 
 laws of the State. 
 
 Sec. 2. That any person found guilty of commit- 
 ting a breach of the provisions of this act shall for- 
 feit and pay for every such offense a fine of not less 
 than ten or more than one hundred dollars into the 
 township treasury for the use of the common schools 
 in said township where said offense was committed ; 
 and any judge of the Common Pleas, sheriff, coroner, 
 or justice of the peace of the county, or any consta- 
 ble thereof, shall, upon view or information, and with 
 or without warrant, apprehend any person so offend- 
 ing, and seize all such hquors, or other articles of 
 traffic, and the utensils or furniture containing them, 
 and convey them before a justice of the peace ; and 
 the said justice, upon the complaint, under oath or 
 
214 Laws Relating to Religious Corporations. 
 
 affirmation, of said officer apprehending such offend- 
 er, or any person giving information, shall issue his 
 warrant of arrest, which shall be formally served by 
 the proper officer, and proceed to inquire into the 
 truth of said accusation, and if found true, shall pro- 
 ceed to bind such offender in such amount, not ex- 
 ceeding five hundred dollars, as he shall deem proper, 
 to answer at the next regular term of the common 
 pleas in said county, to be proceeded with by indict- 
 ment, the fine and costs to be collected as in other 
 criminal cases ; provided, that if such defendant or 
 defendants shall plead guilty, said justice shall affix 
 the penalty and proceed to judgment ; and in such 
 case he shall immediately issue an execution against 
 the property and body of the defendant or defend- 
 ants for the fine and costs, unless paid or secured ; 
 and said defendant or defendants shall not be dis- 
 charged until said judgment and costs shall be fully 
 paid, or secured to be paid. 
 
 Sec. 3. That in any prosecution against any per- 
 son or persons for a violation of the provisions of 
 this act, if the defendant or defendants shall be ac- 
 quitted, he or they shall recover of the person or 
 persons filing the complaint double the amount of 
 his or their costs, which said justice shall award. 
 
 Sec. 4. That the act to which this is amendatory 
 be and the same is hereby repealed. 
 
Oregon, 215 
 
 Chapter XXVI 1 1. — Oregon. 
 
 Laws of Oregon, 18T4. 
 
 Societies may Incorporate — Articles, where Filed — Powers of the 
 Corporation — Protestant Episcopal Church — Bishop, Elder, etc. — 
 Religious and Charitable Societies — Crimes against Public Policy. 
 
 Sec. I. That whenever any church, or rehgious, 
 benevolent, literary, or charitable society, or any 
 society which shall have for its object the develop- 
 ment of the physical or mental capacities of its mem- 
 bers, shall desire to incorporate for the purpose of 
 carrying out the object of said church or society, 
 they may do so in the manner provided in this 
 chapter. 
 
 Sec. 2. Three or more of the officers or trustees 
 of said church or society, which officers or trustees 
 shall have been duly chosen, elected, or appointed, in 
 accordance with the usages and regulations of said 
 church or society, shall make and subscribe written 
 articles of incorporation in duplicate, and acknowl- 
 edge the same before some officer authorized to take 
 acknowledgments of deeds, and file one of such ar- 
 ticles in the office of the Secretary of State, another 
 in the clerk's office of the county where the church 
 or society is located, and retain the third in the pos- 
 session of the corporation. 
 
 Sec. 3. The articles of incorporation, or a certified 
 copy of the one filed in the office of the Secretary of 
 State or county clerk, shall be evidence of the exist- 
 ence of such incorporation. 
 
 Sec. 4. The articles of incorporation shall specify : 
 
2i6 Laws Rclati?ig to Religious Corporations. 
 
 1. The name assumed by the corporation, and by 
 which name it shall be known, and the duration of 
 the same if limited. 
 
 2. The object, or business, or pursuit of said cor- 
 poration. 
 
 3. The estimated value of property and money - 
 possessed by said church or society at the time of 
 making said articles of incorporation, and the sources 
 of revenue or income. 
 
 4. The title of the officers or trustees making such 
 articles, and the mode and times of the election of 
 their successors in office. 
 
 5. The location of said church or society. 
 
 Sec. 5. Upon the making and filing of articles of 
 incorporation, as herein provided, the persons sub- 
 scribing the same, and their successors in office, 
 associates, and assigns, by the name assumed in 
 such articles, shall thereafter be deemed a body cor- 
 porate, with power, 
 
 1. To sue and be sued. 
 
 2. To contract and be contracted with. 
 
 3. To have and use a corporate seal, and the same 
 to change at pleasure. 
 
 4. To purchase, receive, possess, and dispose of 
 such real and personal property as may "be neces- 
 sary or convenient to carry out the object of said 
 corporation. 
 
 5. To make by-laws, not inconsistent with any ex- 
 isting law, for the government of its affairs and the 
 management of its property. 
 
 Sec. 6. The powers vested in such corporation are 
 exercised by the corporators and their successors in 
 
Oregon. 217 
 
 office ; provided, that said vested powers may be ex- 
 ercised by a majority of said corporators or succes- 
 sors, and an}^ one of said corporators or successors 
 may verify any pleading made by the corporation, 
 and required by law to be verified. 
 
 Sec. 7. No corporation formed under this chapter 
 shall ever hold or possess property, including money 
 and assets, amounting in value to more than five 
 hundred thousand dollars, and any corporation vio- 
 lating the provisions of this chapter shall forfeit its 
 corporate rights. 
 
 Sec. 8. That any number of persons, not less than 
 three, being the duly appointed or elected wardens 
 and vestrymen of the Protestant Episcopal Church 
 of the United States in the State of Oregon, accord- 
 ing to the canons, rules, and regulations of said 
 church, may become incorporated by making, ac- 
 knowledging, and filing articles of incorporation for 
 such purpose, in conformity with the canons, rules, 
 and regulations of said church, upon the organization 
 and incorporation of parishes, and the provisions of 
 this chapter, and upon the making and filing of such 
 articles of incorporation as aforesaid, such wardens 
 and vestry-men, and their successors in office, shall, 
 by the name assumed therein, be thereafter taken 
 and deemed a body corporate, with the powers pre- 
 scribed and mentioned in section five of this chapter. 
 Sec. 9. That any person being the bishop, over- 
 seer, or presiding elder of any church or religious 
 denomination in this State, may, in conformity with 
 the constitution, canons, rules, regulations, and dis- 
 cipline of such church or denomination, become a 
 
2 1 8 Laws Relating to Religious Corporations. 
 
 corporation sole for religious and educational pur- 
 poses in the manner prescribed in this chapter, as 
 nearly as may be, and thereupon said bishop, over- 
 seer, or presiding elder, as the case may be, together 
 with his successors in office or position, by his official 
 designation, shall be held and deemed to be a body' 
 corporate, with all the rights and powers, and sub- 
 ject to the limitations prescribed in this chapter in 
 the case of corporations aggregate. 
 
 Sec. io. That the provisions of this chapter shall 
 be so construed as to include all such charitable so- 
 cieties as have heretofore been or shall hereafter be 
 composed in whole or in part of married women ; and 
 married women are hereby declared eligible to hold 
 offices in such societies, and act as trustees thereof, 
 under the provisions of this chapter, the same as 
 other persons, and no liability shall attach to the hus- 
 band of any such married woman in consequence of 
 any act resulting from such official position by his wife. 
 
 Sec. II.* That incorporations may be formed for 
 acquiring, holding, and disposing of church property, 
 for the benefit of religion, for works of charity, and for 
 public worship, in the manner provided in this chapter. 
 
 Sec. 12. One or more of the principal officers, 
 trustees, or clergy of any church, who shall have 
 been duly chosen, elected, or appointed in accordance 
 with the usages and regulations of such church, and 
 authorized to act for the church, and who [in whom] 
 shall be vested at any time the legal title of the 
 church property, may make and subscribe written 
 articles of incorporation in duplicate, and acknowl- 
 
 * This act and the following sections took effect January 2i, 1873. 
 
Orego7i. 219 
 
 edge the same before some officer authorized to take 
 the acknowledgment of deeds, and file and have re- 
 corded one of such articles in the office of the Secre- 
 tary of State, and retain possession of the other. 
 
 Sec. 13. The articles shall specify: i. The name 
 assumed by the corporation, and by which it shall be 
 known ; 2. The object of said corporation ; 3. The 
 estimated value of church property and money at the 
 time of making articles of incorporation ; 4. The title 
 of the person or persons making such articles, and 
 the manner and time in which the successor or suc- 
 cessors are elected, chosen, or appointed. 
 
 Sec. 14. Upon the making and filing for record 
 articles of incorporation, as herein provided, the per- 
 son or persons subscribing the same, and his or their 
 successor or successors in office, by name or title 
 specified in the articles, shall thereafter be deemed a 
 body corporate, with continual, perpetual succession, 
 and shall have power to acquire and possess by do- 
 nation, gift, or purchase, and to retain and enjoy 
 property, real, personal, and mixed, and the same to 
 sell, grant, convey or rent, or otherwise dispose of at 
 pleasure ; provided, however, that no part of the re- 
 sources of said corporation shall ever be used for 
 any other than the object herein named; and pro- 
 vided, further, that no corporation formed under this 
 act shall ever hold or possess property, including 
 money and assets, amounting in value to more than 
 five hundred thousand dollars. 
 
 Sec. 15. Such corporations shall have power to con- 
 tract and be contracted with, to sue and be sued, plead 
 and be j^leaded in all courts of justice, and to have 
 
220 Laws Relating to Religious Corporations, 
 
 and use a common seal, by which all deeds and acts 
 of such corporation shall pass and be authenticated. 
 
 Sec. 1 6. That all deeds and other instruments of 
 writing shall be signed by the person or persons 
 representing the corporation in the official capacity 
 designated in the articles of incorporation, and sealed 
 with the seal of the corporation, and an impression of 
 which seal shall be filed in the office of the Secretary 
 of State ; pivvided, that this act shall not have the 
 effect to repeal, or modify in any particular, the act 
 passed October 24, 1864, entitled "An act for the 
 incorporation of churches, and religious and benevo- 
 lent and charitable societies," nor the act passed at 
 this session amendatory of the same. 
 
 Sec. 17. The articles of incorporation, or a certi- 
 fied copy of the one filed and recorded in the office 
 of the Secretary of State, shall be evidence of the 
 existence of such corporation. 
 
 Chapter 49, Laws of 1866. 
 CRIMES AGAINST PUBLIC POLICY. 
 
 Sec. 651. If any person shall willfully disturb, in- 
 terrupt, or disquiet any assembly or congregation of 
 people met for religious worship, whether in a house 
 or in the open air, by either uttering any profane 
 discourse, committing any rude or indecent act, or 
 making any unnecessary noise within the place 
 where such meeting is held, or so near to it as to 
 disturb the order and solemnity thereof, or by expos- 
 ing for sale, or gift, any intoxicating liquors or drinks 
 within two miles of the place where any such assem- 
 bly or congregation shall be actually convened for 
 
Oregon. 221 
 
 religious worship, and in a place other than such as 
 shall have been duly licensed therefor, and in which 
 such person shall have usually resided and carried 
 on business, such person upon conviction thereof 
 shall be punished by imprisonment in the county jail, 
 not less than one month, nor more than six months, 
 or by fine, not less than ten dollars nor more than 
 two hundred dollars. 
 
 Chapter X X I X. — P e n n s y 1 v a n i a. 
 
 Corporations : (i.) By the Supreme Court ; (2.) By the Courts of 
 Common Pleas; (3.) Courts may Amend Charters ; (4.) Dissolution 
 of Corporations — Disturbance of Camp-meetings — Other Religious 
 Gatherings. 
 
 BY THE SUPREME COURT. 
 
 Sec. I. When any number of persons, citizens of 
 this Commonwealth, are associated, or mean to asso- 
 ciate, for any literary, charitable, or for any religious 
 purpose, and shall be desirous to acquire and enjoy 
 the powers and immunities of a corporation, or body 
 politic in law, it shall and may be lawful for such per- 
 sons to prepare an instrument in writing, therein 
 specifying the objects, articles, conditions, and names, 
 style and title, under which they have associated or 
 mean to associate, and the same to exhibit and pre- 
 sent to the attorney-general of the Commonwealth for 
 the time being, who is required thereupon to peruse 
 and examine the said instrument, and, after such 
 perusal and examination, to transmit it, with the cer- 
 tificate thereon indorsed, testifying his opinions 
 16 
 
222 Lazvs Relating to Religious Corporations. 
 
 touching the lawfulness of the objects, articles, and 
 conditions therein set forth and contained, unto the 
 Supreme Court of this Commonwealth ; and the said 
 court is hereby also required thereupon to peruse and 
 examine said instrument, and to transmit it, with a 
 certificate thereon indorsed, 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 Common- 
 wealth ; and if the said attorney-general, and the 
 said court, shall certify their opinion as aforesaid to be, 
 that the objects, articles, and conditions in such in- 
 strument set forth and contained are lawful, then the 
 said governor (but not otherwise) shall 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 applicants ; and upon the enrollment 
 thereof, the persons so associated, or meaning to as- 
 sociate, shall, according to the objects, articles, and 
 conditions in the said instrument set forth and con- 
 tained, become and be a corporation or body politic 
 in law and in fact, to have continuance by the name, 
 style, and title in such instrument provided and de- 
 clared. 
 
 Sec. 2. As often as the corporations established 
 by virtue of this act, and the successors thereof re- 
 spectively, shall be desirous of improving, amending, 
 or altering the articles and conditions of the instru- 
 ment upon which the said corporations, respectively, 
 are, as aforesaid formed and established, it shall and 
 may be lawful for such corporations respectively, in 
 like manner, to specify the improvements, amend- 
 
Pen nsylvan ia. 223 
 
 ments, or alterations which are or shall be desired, 
 and the same to exhibit and present to the attorney- 
 general and Supreme Court, who shall in like manner 
 successively certify their opinion to the governor of 
 this Commonwealth touching the lawfulness of such 
 improvements, amendments, and alterations ; and the 
 same being certified, as aforesaid, to be lawful, shall 
 in like manner be directed by the governor to be en- 
 rolled [by the master of the rolls] at the expense of 
 the applicants ; and upon enrollment thereof shall be 
 taken and deemed a part of the instrument upon 
 which such corporations respectively were formed 
 and established, to all intents and purposes, as if the 
 same had originally made a part thereof 
 
 Sec. 3. The corporations established by virtue of 
 this act, and the successors thereof, respectively, shall 
 have full power and authority to make, have, and use 
 one common seal, with such device and inscription 
 as they shall respectively deem proper, and the same 
 to break, alter, and renew at their pleasure ; and by 
 the name, style, and title by them respectively 
 provided and declared aforesaid, shall be able and 
 capable in law to sue and be sued, plead and be im- 
 pleaded, in any court or courts, before any judge or 
 judges, justice or justices, in all manner of suits, 
 complaints, pleas, causes, matters and demands what- 
 soever, and all and every matter or thing therein to 
 do, in as full and effectual a manner as any other per- 
 son or persons, bodies politic or corporate within this 
 Commonwealth, may or can do ; and shall be author- 
 ized and empowered to make rules, by-laws, and 
 ordinances, and to do every thing needful for the 
 
224 Laivs Relating to Religious Corporations. 
 
 good government and support of the affairs of the 
 said corporations respectively ; provided always y 
 that the said by-laws, rules, and ordinances, or any 
 of them, be not repugnant to the constitution, and 
 laws of the United States, to the constitution and 
 laws of this Commonwealth, or to the instrument upon 
 which the said corporations respectively, are as afore- 
 said formed and established. 
 
 Sec. 4. The corporations established by virtue of 
 this act, and the successors thereof respectively, by 
 the name, style, and title by them respectively pro- 
 vided and declared as aforesaid, shall be able and 
 capable in law, according to the terms and conditions 
 of the instrument upon which the said corporations 
 respectively are as aforesaid formed and established, 
 to take, receive, and hold all, and all manner of lands, 
 tenements, rents, annuities, franchises, and heredit- 
 aments, and any sum and sums of money, and any 
 manner or portion of goods and chattels, given and 
 bequeathed unto them respectively, to be employed 
 ai;id disposed of according to the objects, articles, and 
 conditions of the instrument upon which said corpo- 
 rations respectively are, as aforesaid, formed and es- 
 tablished, or according to the articles and by-laws of 
 the said corporations respectively, or of the will and 
 intention of the owners. 
 
 Sec. 5. The provisions of the act to which this is 
 a supplement be, and they are hereby extended to 
 beneficial societies and associations, and to fire-en- 
 gine and hose companies. 
 
 Sec. 6. The limitation contained in the proviso to 
 the fourth section of the act to which this is a 
 
Pcnnsylvan ia. 225 
 
 supplement be, and the same is hereby repealed ; 
 and from and after the passage of this act, the corpo- 
 rations estabhshed by virtue of the act to which this 
 is a supplement, and all such as may hereafter be es- 
 tablished by virtue of the said act, and the present 
 supplement, and the successors thereof, respectively, 
 shall be able and capable in law, according to the 
 terms and conditions of the instrument upon which 
 the said corporations respectively are, as aforesaid, 
 formed and established, to take, receive, and hold all 
 and all manner of lands, tenements, rents, annuities, 
 franchises, and hereditaments, and any sum and 
 sums of money, and any manner and portion of 
 goods and chattels given and bequeathed unto them 
 respectively, to be employed and disposed of accord- 
 ing to the objects, articles, and conditions of the in- 
 strument upon which the said corporations respect- 
 ively are as aforesaid formed and established, or ac- 
 cording to the articles, and by-laws of the said cor- 
 porations respectively, or of the will and intention of 
 the donors. 
 
 Sec. 7. It shall be lawful for any association of 
 citizens, authorized to obtain a charter of incorpora- 
 tion from any court, to hold real estate in their cor- 
 porate capacity, not exceeding in the whole the clear 
 yearly value or income of five thousand dollars. 
 
 Sec. 8. It shall be the duty of the court, in grant- 
 ing a charter of incorporation for any purpose, to 
 limit the yearly income of such corporation, other 
 than from real estate, to such sum as, in the opinion 
 of the court, will not be injurious or prejudicial to 
 the community. 
 
226 Laivs Relating to Religious Corporations, 
 
 Sec. 9. Any corporation established by virtue of 
 an act to confer on certain associations of citizens of 
 this Commonwealth the powers and immunities of 
 corporations or bodies politic in law, passed the sixth 
 day of April, 1791, and the several supplements 
 thereto, shall have the power to take, by purchase or 
 otherwise, and hold all manner of lands, tenements, 
 and hereditaments in the same manner, and subject 
 to the same limitations, as to quantity and value, as 
 provided by law. 
 
 Sec. 10. It shall be lawful for the courts to permit 
 married women to be incorporated with others in 
 any institution composed of women, or to be under 
 their management, for the care and education of 
 children, or for the support of sick or indigent 
 women. 
 
 II. BY THE COURTS OF COMMON PLEAS. 
 
 Sec. II. When any number of persons, citizens of 
 this Commonwealth, are associated, or mean to asso- 
 ciate, for any literary, charitable, or religious pur- 
 pose, or for the purpose of forming any fire-engine or 
 hose company, or beneficial society or association, 
 and shall be desirous to acquire and enjoy the 
 powers and immunities of a corporation or body 
 politic in law, it shall and may be lawful for such 
 persons to prepare an instrument in writing, therein 
 specifying the objects, articles, conditions, and name, 
 style, or title under which they have associated or 
 mean to associate, and the same to exhibit and pre- 
 sent to the Court of Common Pleas of the proper 
 county in which said corporation is intended to be 
 
Pennsylvania, 227 
 
 situated, or its principal business transacted ; which 
 said court is hereby required to peruse and examine 
 said instrument, and if the objects, articles, and con- 
 ditions therein set forth and contained shall appear 
 lawful, and not injurious to the community, said 
 court shall direct said writing to be filed in the office 
 of the prothonotary of said court, and also direct no- 
 tice to be inserted in one newspaper, printed in the 
 proper county, for at least three weeks, setting forth 
 that an appHcation has been made to said court to 
 grant such charter of incorporation, and if no suffi- 
 cient reason is shown to the contrary, it shall be law- 
 ful for the said court, at the next term thereafter, to 
 decree and declare, by their 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 con- 
 tained, 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 ; and on said instrument being 
 so recorded, the persons so associated, or meaning to 
 associate, shall, according to the objects, articles, and 
 conditions in said instrument set forth and contained, 
 become and be a corporation or body politic in law 
 and in fact, to have continuance by the name, style, 
 and title in such instrument provided and declared. 
 
 Sec. 12. The usual fees allowed by law for equal 
 or similar services shall be received by the respective 
 county officers under the provisions of this act, and 
 all the expense of procuring said charter of incorpora- 
 
228 Lazus Rclatmg to Religions Corporations. 
 
 tion and recording the same shall be borne by the 
 persons applying therefor ; and after said articles of 
 association shall be recorded, as before directed, the 
 same shall be duly certified to be recorded and deliv- 
 ered over to the applicants, and a copy of the record 
 duly certified shall be at all times as good evidence 
 as the original might or could be. 
 
 Sec. 13. The third section of the act of the sixth 
 of April, 1791, entitled ''An act to confer on certain 
 associations of the citizens of this Commonwealth the 
 powers and immunities of corporations or bodies 
 politic in law," and the second section of the sup- 
 plement thereto, passed the eighth day of April, 
 1833, be and the same are hereby extended to and 
 made a part of this act, as fully as though the same 
 were hereby re-enacted, and all corporations to be 
 created under the provisions of this act shall be sub- 
 ject to the provisions of said sections. 
 
 Sec. 14. Nothing in this act contained shall be 
 construed to alter or change the jurisdiction of the 
 Supreme Court of this State in relation to corpora- 
 tions, but the same shall remain as heretofore. 
 
 Sec. 15. The several Courts of Common Pleas of 
 this Commonwealth shall have power and authority 
 to grant charters of incorporation in all cases in 
 which the same is authorized to be granted under 
 existing laws by the Supreme Court of this Common- 
 wealth ; and the associations hereafter incorporated 
 under the laws of this Commonwealth may be author- 
 ized to hold real estate to an amount, the clear yearly 
 value or income whereof shall not exceed twenty 
 thousand dollars. 
 
Pennsylvania. 229 
 
 Sec. 16. All charters of incorporation which have 
 heretofore been granted by any of said Courts of 
 Common Pleas, in cases wherein the said supreme 
 court only had power and authority to grant the 
 same, be and the same are hereby validated, and 
 made of the same force and effect as if the same had 
 been granted in pursuance of authority conferred 
 upon said Courts of Common Pleas. 
 
 DISSOLUTION OF CORPORATIONS. 
 
 It shall be lawful for any Court of Common Pleas 
 of the proper county to hear the petition of any cor- 
 poration, under the seal thereof, by and with the con- 
 sent of a majority of a meeting of the corporators, 
 duly convened, praying for permission to surrender 
 any power contained in its charter, or for the disso- 
 lution of such corporation ; and if such court shall be 
 satisfied that the prayer of such petition may be 
 granted without prejudice to the public welfare, or 
 the interests of the corporators, the court may enter 
 a decree in accordance with the prayer of the peti- 
 tion, whereupon such power shall cease, or such cor- 
 poration be dissolved ; provided, that the surrender 
 of any such power shall not in anywise remove any 
 limitation or restriction in such charter, and that the 
 accounts of the managers, directors, or trustees of 
 any dissolved company shall be settled in such court, 
 and be approved thereby ; and dividends of the ef- 
 fects shall be made among any corporators entitled 
 thereto, as in the case of the accounts of assignees 
 and trustees ; provided, further, that no property de- 
 voted to religious, literary, or charitable uses shall 
 
230 Laws Relating to Religious Corporations. 
 
 be diverted from the objects for which they were 
 given or granted ; provided, that the decree of said 
 court shall not go into effect until a certified copy 
 thereof be filed and recorded in the office of the Sec- 
 retary of the Commonwealth. 
 
 RELIGIOUS SOCIETIES. 
 
 Grants Confirmed — Power to Purchase Lands — Liquors not to be 
 Sold near Places of Worship — No Ecclesiastic can Transmit — Church 
 Property Subject to the Control of Lay Members — Gifts within One 
 Month of the Donor's Decease to be void. 
 
 Sec. I. All sales, gifts, or grants made of any 
 lands or tenements within the province of Pennsyl- 
 vania to any person or persons in trust for sites 
 of churches, houses of religious worship, schools, 
 almshouses, and for burying-grounds, or for any of 
 them, shall be and are hereby ratified and confirmed 
 to the person or persons to whom the same were 
 sold, given, or granted, their heirs and assigns, in 
 trust nevertheless, and for the use of the respective 
 religious societies for whose use the same were at 
 first sold, given, granted, or purchased, according to 
 the true intent and meaning of such gifts and grants. 
 And every sale, gift, grant, or devise of any such 
 trustee or trustees, or any person or persons in 
 whose name or names the said lands for erecting: 
 chufl^hes, houses of religious worship, schools, alms- 
 houses, or burying-grounds within this province, were 
 purchased, taken, or accepted, or the heirs or assigns 
 of such trustees, shall be, and are hereby declared to 
 be, for the sole use, benefit, and behoof of the said 
 respective societies who have been in the peaceable 
 
Pennsylvania. 231 
 
 possession of the same for the space of twenty-one 
 years next before the tenth day of June, 1730, or for 
 whose use the same were at first given, granted, or 
 devised, and no other. 
 
 Sec. 2. It shall and may be lawful for any relig- 
 ious denomination or society within this Common- 
 wealth to purchase, take, receive, and hold, by deed, 
 gift, grant, or otherwise, lands or tenements for the 
 purpose of burial-grounds, churches, parsonages, 
 school-houses, and almshouses, for any real estate 
 whatsoever, and to have and hold the same, accord- 
 ing to the respective rules and disciplinary regula- 
 tions of said religious societies ; provided, that noth- 
 ing in this act contained shall be construed to permit 
 any religious denomination or society, or any person 
 in trust for them, unless specially authorized by its 
 charter, to purchase, hold, or take real estate, except 
 for the purposes aforesaid, and so much of the act of 
 the sixth of February, 1730 and 1731, entitled "An 
 act for the enabling religious societies of Protestants 
 within this province to purchase lands for burying- 
 grounds, churches, houses of worship, schools, and 
 so forth," as is inconsistent herewith, be and the 
 same is hereby repealed. 
 
 Sec. 3. The registry now kept, or which shall 
 hereafter be kept, by any religious society in their 
 respective meeting book or books, of any marriage, 
 birth, or burial within this province, or territories 
 thereof, shall be held good and authentic, and shall 
 be allowed of upon all occasions whatsoever. 
 
 Sec. 4. It shall not be lawful for any person or 
 persons to erect, place, or have any booth, stall, tent, 
 
232 Laws Relating to Religious Corporations. 
 
 carriage, boat, or vessel, or any other place whatever, 
 for the purpose or use of selHng, giving, or otherwise 
 disposing of any kind of articles of traffic, spirituous 
 liquors, wine, porter, beer, cider, or any other fer- 
 mented, mixed, or strong drink (excepting as herein- 
 after excepted) within three miles of any place of 
 religious worship in this State during the time of 
 holding any meeting for religious worship at such 
 place. 
 
 Sec. 5. If any person or persons shall or do violate 
 this act by erecting, fixing, or having any booth, stall, 
 tent, carriage, boat, or vessel, or other place for the 
 purpose or use aforesaid, or by selling, bartering, 
 giving, or otherwise disposing of any kind of articles 
 of traffic, spirituous liquors, wine, porter, beer, cider, 
 or other fermented, mixed, or strong drink, in, at, or 
 about any such booth, stall, carriage, boat, or vessel, 
 or any other place whatever, prepared or used for the 
 purpose of aforesaid, within three miles of any place 
 of religious worship during the time of holding any 
 meeting for religious worship at such place, the per- 
 son or persons so offending shall first be informed of 
 his, her, or their violation of this act, and shall be 
 warned by any justice of the peace, constable, or two 
 freeholders of the county where the offense is or shall 
 have been committed, to desist from such offense, 
 and to remove such booth, stall, tent, carriage, boat, 
 vessel, or other thing, together with all such articles 
 of traffic, spirituous liquors, wine, porter, beer, cider, 
 or other strong drink belonging to or in the posses- 
 sion of the person or persons so offending ; and if 
 such person or persons, on receiving such information 
 
Pennsylvania. ' 233 
 
 or warning, shall forthwith cease to offend against 
 this act, and shall remove as aforesaid, at least three 
 miles from such place of religious worship, then no 
 further proceedings under this act shall be had 
 against such person or persons ; but if such person 
 or persons shall refuse to or neglect immediately to 
 remove as aforesaid, when informed and warned as 
 aforesaid, then all the said articles of traffic, spirit- 
 uous liquors, wine, porter, beer, cider, and other 
 fermented, mixed, and strong drink, and all the ves- 
 sels, chests, and other things containing the same, 
 together with such booth, stall, tent, carriage, boat, or 
 vessel, or other place prepared and used for the pur- 
 pose aforesaid, shall be and are hereby declared to be 
 forfeited ; and it shall be lawful for any justice of the 
 peace and constable, with two freeholders of the 
 county, to seize and take possession of all or any part 
 of the said forfeited articles and liquors, together 
 with such booth, stall, tent, carriage, boat, and ves- 
 sel, and at any time within ten days after to adver- 
 tise and sell the same, and after deducting and paying 
 the necessary and lawful expenses of such seizure and 
 sale, the residue of the proceeds of such sale or sales 
 shall be paid to the overseers of the poor in the town- 
 ship for the use of the poor of the county, where the 
 support of the poor is a county charge, and where it 
 is a township charge, to the poor of the township 
 where such offense shall have been committed. 
 
 Sec. 6. Nothing in this act shall be taken or con- 
 strued so as to affect any licensed tavern-keeper in 
 his or her ordinary and lawful business, at his or her 
 usual place of residence, specified in his or her 
 
234 Laws Relating to Religious Corporations, 
 
 license, nor shall it be so taken and construed as to 
 aftect any merchant, shopkeeper, farmer, mechanic, 
 or other person, in the usual and lawful transactions 
 of his, her, or their concerns or business, in their 
 usual place of doing such business, nor shall it be 
 so taken, construed, or understood as to affect any 
 person or persons who shall have a permit in writing 
 from the person or persons having the oversight, 
 charge, and management of any such meeting, to sell 
 bread, and other necessary articles of food for man 
 ^nd beast ; provided^ the conduct of persons attend- 
 ing such meeting shall accord with the lawful rules 
 and regulations of such meeting, and the property of 
 such persons attending such religious meeting be not 
 of the description forbidden by this act. 
 
 Sec. 7. If any suit or action shall be brought 
 against any person or persons for doing, or causing 
 to be done, any thing in pursuance of the act accord- 
 ing to the provisions thereof, the defendant or de- 
 fendants may plead the general issue, and give the 
 special matter under this act in evidence ; and if in 
 such suit or action a verdict and judgment shall be 
 given for the defendant or defendants, or the plaintiff 
 shall become nonsuit or discontinue his action, the 
 defendant or defendants shall have and recover double 
 the costs of suit. 
 
 Sec. 8. No bishop, or other ecclesiastic in any 
 church, shall hereafter hold any real or personal es- 
 tate in this Commonwealth, with a capacity to trans- 
 mit the title thereof to his successor in office, other- 
 wise than as any other individual holding the same 
 in his private or natural capacity might do ; and any 
 
Pennsylvan ia. 235 
 
 law conferring such capacity, to transmit by operation 
 of law property to any successor in any ecclesiastical 
 office, is hereby repealed ; provided, that this repeal 
 shall not affect the validity of any titles now held, as 
 aforesaid, but the same may be alienated, or devised, 
 as property held by such ecclesiastical officer in his 
 natural capacity, but for the like uses and trusts, as the 
 same would be subject to if this act were not passed. 
 Sec. 9. Whenever any property, real or personal, 
 shall hereafter be bequeathed, devised, or conveyed 
 to any ecclesiastical corporation, bishop, ecclesiastic, 
 or other person, for the use of any church, congrega- 
 tion, or religious society, for religious worship, or 
 sepulture, or the maintenance of either, the same 
 shall not be otherwise 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 representatives 
 thereof, as shall be composed of a majority of lay 
 members, citizens of Pennsylvania, having a controll- 
 ing power, according to the rules, regulations, usages, 
 or corporate requirements thereof, so far as consistent 
 herewith ; and no charter hereafter granted, by any 
 court, for any church, congregation, or religious socie- 
 ty, shall be valid, without requiring such property to be 
 taken, held, and to inure, subject as aforesaid, except 
 such religious society, who shall be composed exclu- 
 sively of others than laymen, may have trustees, or 
 corporators of the same description of persons ; pro- 
 vided, that it shall be lawful for a majority of the 
 male members, of lawful age, of any unincorporated 
 church, congregation, or religious society, to choose 
 
2i6 Lazvs Relating to Religious Corporations. 
 
 for their trustee or trustees any other person or per- 
 sons than a layman, and whenever not previously 
 declared, to declare the manner in which the title to 
 their trust property shall be held and conveyed, 
 and upon due proof of such consent, any court hav- 
 ing jurisdiction over trusts may direct the legal title 
 to be conveyed accordingly ; but nothing herein con- 
 tained shall authorize the diversion of any property 
 from the purposes, uses, and trusts to which it may 
 have been heretofore lawfully dedicated, or to which 
 it may hereafter, consistently herewith, be lawfully 
 dedicated ; and provided^ that no alien shall hereafter 
 acquire and hold, either as trustee or in his own 
 right, real estate of a greater annual value than is 
 hereby limited to be held by a corporation. 
 
 Sec. 10. No estate, real or personal, shall here- 
 after be bequeathed, devised, or conveyed to any 
 body politic, or to any person, in trust for religious 
 or charitable uses, except the same be done by deed 
 or will, attested by two credible and, at the time, dis- 
 interested witnesses, at least one calendar month be- 
 fore the decease of the testator or alienor ; and all 
 dispositions of property contrary hereto shall be 
 void, and go to the residuary legatee or devisee, next 
 of kin or heirs, according to law ; provided, that any 
 disposition of property within said period, bona fide 
 made for a fair valuable consideration, shall not be 
 hereby avoided. 
 
 Sec. II. All dispositions of property hereafter 
 made to religious, charitable, literary, or scientific 
 uses, and all incorporations or associations formed 
 for such objects, shall be taken to have been made 
 
Pennsylvania. 237 
 
 and formed under and in subordination to all the 
 duties and requisitions of this act, as rules of prop- 
 erty, and laws for their government. 
 
 Sec. 12. All property hereafter acquired and held 
 by persons, corporations, or associations, forbidden 
 by this act to hold the same, or held contrary to the 
 intent of this act, and all such hereafter acquired, 
 and held beyond the limit prescribed as aforesaid by 
 this act, shall escheat to this Commonwealth ; and 
 upon the same being adjudged to have escheated, 
 under proceedings in court, by quo warranto, in all 
 respects as is provided by law in the case of the 
 usurpation of any corporate franchise, the same shall 
 be taken in possession and disposed of, and with the 
 like compensation to the person or persons inform- 
 ing, and procuring the inquisition, as in cases of 
 property escheated for defect of heirs ; provided, that 
 no property now held, or hereafter lawfully acquired, 
 shall afterward become defeasible in title by reason 
 of any subsequent rise in the value thereof; but 
 such rise, after it shall occur, shall be taken into 
 view, to preclude a further acquisition, and holding 
 beyond the limit aforesaid ; and provided, that the 
 Legislature may relieve, upon such terms as may be 
 deemed just and for the public good, from any forfeit- 
 ure as aforesaid, upon the payment to the party in- 
 forming or prosecuting, his actual expenses, and such 
 further reasonable compensation as the Legislature 
 may prescribe. 
 
 Sec. 13. It shall be the duty of the auditor-gen- 
 eral, whenever he shall have reason to believe that 
 
 any property shall be defeasibly held, and liable, upon 
 17 
 
238 Laws Relating to Religions Corporations. 
 
 office found, to accrue to the treasury, or that the in- 
 come of any corporation or association as aforesaid, 
 shall exceed the limit allowed by law, to call upon 
 any, and all officers or trustees thereof, to make, 
 within thirty days, a true return and exhibit of all 
 their property, and the annual income thereof ; and 
 if no return be made Vv^ithin such time, or the same 
 be unsatisfactory to him, it shall be further his duty 
 to cause to be filed a bill of discovery in the Supreme 
 Court, or in any court of the proper county having 
 equity jurisdiction, against the officers or trustees of 
 any such corporation or association, which the de- 
 fendants therein shall answer under the compulsion 
 usual in such cases ; and their answers may be used 
 in any proceeding to assert the rights of the Common- 
 wealth. 
 
 Chapter XXX.— South Carolina. 
 
 Protestant Episcopal Church — Methodist Episcopal Church — 
 African Methodist Episcopal Church — Any Society may Incorporate 
 — Disturbing Religious Meeting. 
 
 Eevised Statutes— 1873. Chapter 64. 
 
 Sec. 41. That hereafter, when any male adults, 
 being not less than twelve in number in this State, 
 shall desire to associate themselves together for the 
 purpose of forming a church, according to the doc- 
 trine, discipline, and worship of the Protestant Epis- 
 copal Church in this State, they shall be allowed to 
 do so, by filing with the clerk of the Court of Com- 
 mon Pleas and General Sessions, for the county in 
 which said applicants reside, a written statement 
 
South Carolina. 239 
 
 of such purpose and intention, signed by them and 
 setting forth the name of their church, and the style of 
 their corporation, which statement shall be recorded in 
 the said clerk's office, and on receiving the certificate 
 thereof they shall become a body corporate for the 
 purpose aforesaid, and shall be known by the name 
 and style designated in their said written statement. 
 
 Sec. 42. The said corporations shall, by their re- 
 spective corporate names, have succession of officers 
 and members, according to their respective by-laws, 
 and shall have power to make all by-laws and regula- 
 tions for their government not repugnant to the laws 
 of South Carolina, or the constitution, canons, and 
 other regulations of the Protestant Episcopal Church 
 in the same ; to have and to keep and use a common 
 seal, and the same to alter at will ; to sue and be 
 sued, plead and be impleaded, in any court in this 
 State, each to have and enjoy every right incident to 
 incorporations. 
 
 Sec. 43. They shall also be empowered, severally, 
 to retain, possess, and enjoy all such property, real or 
 personal, as they may respectively be possessed of, 
 or in any wise entitled unto, or which shall hereafter 
 be given or bequeathed to, or in any way acquired 
 by them, and to sell, alien, and in any way transfer 
 the same, or any part thereof. 
 
 Sec. 44. Any congregation of the Protestant 
 Episcopal Church, already incorporated in South 
 Carolina, may, on expiration of their charter, or at any 
 time before, if they see proper to surrender their 
 charter, become a body politic and corporate under 
 provisions of section forty-one to forty-three, inclu- 
 
240 Laws Relating to Religious Corporations. 
 
 sive, of this chapter, by making known their inten- 
 tions to do so, according to the provisions of the 
 forty-first section thereof. 
 
 Sec. 45. Charters secured or renewed, under sec- 
 tions forty-one to forty-four, inclusive, shall be per- 
 petual, subject, however, to the power of the General 
 Assembly to repeal or alter the same. 
 
 Sec. 46. That the Methodist Episcopal Church 
 of the United States is authorized to organize re- 
 ligious societies and churches in this State, in ac- 
 cordance with the rules and requirements of the Dis- 
 cipline of said church. 
 
 Sec. 47. Whenever five or more persons are as- 
 sociated, being organized and appointed trustees 
 of the Methodist Episcopal Church, according to the 
 Discipline thereof, they shall be a body politic with 
 powers and privileges incident to a corporation for 
 religious purposes. 
 
 Sec. 48. Such trustees shall have succession of 
 officers, as provided by said church's Discipline ; may 
 receive, hold, and manage all the property, both real 
 and personal, belonging to said society or church, 
 and hold in trust, gifts, grants, bequests, or dona- 
 tions, made to such society or church for the support 
 of public worship and other religious purposes, being 
 governed in their official action by the Discipline of 
 said Methodist Episcopal Church. 
 
 Sec 49. Each society or church so organized shall, 
 at their organization, draw up a statement of the 
 same, setting forth the facts, signed by the chairman 
 and secretary, which statement shall be recorded in 
 the office of the county clerk. 
 
South Carolina. 241 
 
 Sec. 50. That the African Methodist Episcopal 
 Church in this State is hereby incorporated, with all 
 the rights and privileges awarded to religious de- 
 nominations within this State. 
 
 Sec. 51. The said African Methodist Episcopal 
 Church shall exercise and enforce its Discipline, in 
 accordance with the regulations of the same, within 
 any branches of the said church within this State 
 established, and shall be protected in law in the 
 same ; and all property acquired by the said church 
 shall be held by them according to the form of 
 deeds designated Uy their discipline and mode of 
 government. 
 
 Sec. 52. The said church may acquire lands witliin 
 this State for religious and educational purposes, 
 and regulate and govern the same as they may deem 
 proper, in accordance with their law and discipline, 
 such laws not being inconsistent with the laws of 
 the State. 
 
 Sec. 53. That seven or more persons within this 
 State having associated themselves, by agreement in 
 writing, for educational, charitable, or religious pur- 
 poses, under any name by them assumed, and com- 
 plying with the provisions of the four following 
 sections, shall, with their successors, be and remain a 
 body politic and corporate. 
 
 Sec. 54. The purpose of such corporation, and the 
 place within which it is established or located, shall 
 be distinctly specified in its articles of association, 
 which articles, and all amendments thereto, shall be 
 recorded in the office of the register of mesne con- 
 veyances for the county wherein such place is situated, 
 
242 Laws Relating to Religions Corporations. 
 
 and such corporations shall appropriate its funds to 
 no other purpose. 
 
 Sec. 55. Such corporation shall have all the powers 
 and privileges, and be subject to the duties, liabili- 
 ties, and restrictions set forth in sections one to 
 thirty-eight, relating to the formation of mechanical, 
 mining, quarrying, and manufacturing corporations, 
 so far as the same may be applicable. 
 
 Sec. 56. Such corporations may hold real and 
 personal estate, necessary for the purposes of their 
 organization, to an amount not exceeding one hun- 
 dred thousand dollars. •• 
 
 Sec. 57. Their estate shall not be exempt from 
 taxation in any case where part of the income or 
 profits of their business is divided among members 
 or stockholders, or where any portion of such estate 
 is used or appropriated for other than educational, 
 charitable, or religious purposes. 
 
 Laws of 1873. 
 
 Sec. 281. That if any person shall willfully and 
 maliciously disturb or interrupt any meeting, society, 
 assembly, or congregation convened for the purpose 
 of religious worship, or shall enter such meeting while 
 in a state of intoxication, or shall use or sell spiritu- 
 ous liquors, or use blasphemous language at or near 
 the place of meeting, such person shall be guilty of 
 a misdemeanor, and shall, on conviction, be sen- 
 tenced to pay a fine of not less than twenty or more 
 than one hundred dollars, or be imprisoned for a 
 term not exceeding one year, or less than thirty 
 days, or both, or either, at the discretion of the court. 
 
Tennessee, 243 
 
 Chapter X X X I. — T e nn e s s e e 
 
 Eevised Statutes of 1873— Title 10, chapter 1. 
 
 Religious Society — How to Take and Hold Land — Title Vested in 
 Trustees — Obstructing way to Places of Worship — Disturbance — 
 Selling Liquors. 
 
 1467. Any number of persons, not less than five, 
 desirous of becoming incorporated for purposes of 
 education or learning, may elect trustees, not less 
 than three nor more than nine, who shall make a 
 memorandum in writing, within thirty days after 
 such election, stating the corporate name selected, 
 the names of the trustees, the length of time for 
 which they are elected, and the purposes of the pro- 
 posed incorporation. 
 
 1469. The members of any church or religious 
 society, or proprietors of any place of burial, wishing 
 to become incorporated, may, in like manner, by the 
 election of trustees, and the execution by them of a 
 similar memorandum, proved, registered, and filed, 
 as aforesaid, be created a body corporate for the 
 period specified not exceeding fifty years. 
 
 1472. Corporations created under this article may 
 hold real and personal property not exceeding in 
 value fifty thousand dollars ; may receive property 
 by gift, will, or devise, holding the same for the pur- 
 poses of their incorporation, with all the lawful con- 
 ditions imposed by the donor ; and may exercise such 
 powers as are incident to private corporations. 
 
 1508. Any religious denomination or society, 
 whether incorporated or not, may take by deed or 
 
244 Laws Relating to Religious Corporatio?is. 
 
 otherwise, and hold, not exceeding five acres of land 
 at one place for purposes of public worship. 
 
 1509. All lands bought, or otherwise acquired by 
 any religious denomination or society, shall be vested 
 in a board of trustees or other persons designated by 
 the members of such denomination or society for the 
 use and benefit thereof. 
 
 1 5 10. Any person who obstructs the way to or 
 from a place of public worship, or to the spring or 
 wells used thereat, so as to prevent access, forfeits 
 twenty dollars, one half to the use of the county, the 
 other half to the person suing therefor. 
 
 15 1 1. All justices of the peace, sherifis, coroners, 
 and constables, are required to arrest immediately 
 any person, in their knowledge or observation, dis- 
 turbing a congregation assembled for public worship, 
 or violating any rule or regulation adopted by such 
 denomination for their own government, or the pres- 
 ervation of good order. Such person shall be fined 
 by the justice before whom brought not exceeding 
 five dollars, or be bound over for his appearance at 
 court, to be proceeded against as a rioter for the 
 ofiense. 
 
 Chapter XXXII.— Texas. 
 
 Paschal's Laws of Texas, 1873— Title, Churches. 
 
 Who may Incorporate — Meetings — How Called — Vacancies — Taxa- 
 tion Laws of 1874 — Criminal Code. 
 
 Sec. I. That from and after the passage of this 
 act, it shall be lawful for any denomination of Chris- 
 tians, or the citizens of any neighborhood in this 
 
Texas, 245 
 
 republic, to appoint a board or boards of trustees 
 for meeting-houses, camp grounds, parsonages, and 
 school-houses. 
 
 Sec. 2. That each denomination shall be allowed 
 to adopt its own method of appointing trustees, and 
 that when the citizens of any neighborhood shall feel 
 disposed to build a school-house, a public meeting of 
 the citizens shall be called by giving at least ten days' 
 previous notice ; said meeting shall choose a presi- 
 dent and secretary for the time being, and when the 
 meeting is so organized, they shall proceed to elect 
 by a majority of votes, in the manner they may think 
 best, a suitable number of trustees, not less than 
 three nor more than nine, and a certificate of their 
 election shall be made out and signed by the presi- 
 dent and secretary of the meeting, and shall, within 
 sixty days thereafter, be forwarded to the office of 
 recorder for the county in which such election shall 
 have taken place ; and in case an appointment of 
 trustees shall be made by any church or denomina- 
 tion of Christians, a like certificate of their appoint- 
 ment shall be made out and signed by the proper 
 officer or officers of the church or denomination 
 making the appointment, and be forwarded for rec- 
 ord as above specified. 
 
 Sec. 3. That all vacancies in boards of trustees 
 shall be filled by each body having jurisdiction in 
 the case ; pivvidcd, that when a board of trustees 
 shall be dissolved by death, resignation, or otherwise, 
 it shall be lawful for the party having jurisdiction in 
 the case to appoint a new board of trustees, as pro- 
 vided for by the first section of this act. 
 
246 Lazus Relating to Religious Corporations. 
 
 Sec. 4. That when a board of trustees shall be so 
 constituted, they shall be considered in law and 
 equity a body politic and corporate, capable of mak- 
 ing contracts, of suing and being sued, of pleading 
 and being impleaded, of receiving and holding (in 
 trust) lands and other propert}^ for the purpose of 
 building meeting-houses, camp grounds, parsonages, 
 or school-houses, as the case may be, for the use and 
 benefit of the church or people appointing them ; 
 and in all cases said trustees shall be accountable to 
 the power appointing them for the faithful perform- 
 ance of their duty ; and it shall be lawful for those 
 having jurisdiction to remove them from office at any 
 time for delinquent conduct. 
 
 Sec. 5. That all lands (not exceeding ten acres in 
 each case) held by such trustees for any one or all 
 the purposes above named, together with the build- 
 ings, improvements, and furniture belonging to the 
 same, shall be held free from taxation until the Legis- 
 lature shall otherwise direct. 
 
 Sec. 6. That all lands or other property heretofore 
 conveyed to any church or denomination of Chris- 
 tians, or association of the people for the purposes 
 above named, shall enjoy all the benefits of this act ; 
 provided, the amount of lands exempt from taxation 
 shall not exceed ten acres in each case. 
 
 Sec. 7. That it shall be the duty of the president 
 of the trustees, as contemplated by this act, to give 
 in the lands or other property for taxation belonging 
 to such trustees, under oath, except such as are 
 exempt by tliis act ; and the right is hereby reserved 
 to the Legislature to make such alterations, modifica- 
 
Texas. 247 
 
 tions, or restrictions of this act as may seem to it to 
 comport with the pubUc interest. 
 
 PaschaFs Laws of Texas, 1S74. 
 
 Sec. I. Any reHgious society, military or fire com- 
 pany, Hterary, social, charitable, or benevolent asso- 
 ciation, other than colleges, universities, academies, 
 or seminaries, or any grand or subordinate lodge of, 
 or other order of Free and Accepted Masons, or of 
 the Independent Order of Odd Fellows, may, by the 
 consent of a majority of its members, become bodies 
 corporate under this act, by filing the charter re- 
 quired by this act, electing directors or trustees, and 
 performing the things as are directed in the case of 
 other corporations ; and when so organized shall 
 have all the powers and privileges, and be subject to 
 all the restrictions in this act contained for the ob- 
 jects named in the charter, and shall have the same 
 power to make by-laws for the regulation of their 
 affairs as other corporations. Such directors or trust- 
 ees shall not usurp or exercise the functions of the 
 officers in charge of the spiritual affairs of any 
 society. 
 
 Sec. 2. No religious, literary, social, scientific, in- 
 dustrial, benevolent, or other society, association, 
 company, corporation, or institution that does not 
 have a capital stock, will be required in its charter to 
 make any statement of the amount of capital stock 
 or amount of each share ; but such charter, if it con- 
 tains the other statements therein required, and also 
 an estimate of the value of the goods, chattels, lands, 
 rights, and credits, owned by the corporation, will be 
 sufficient. 
 
248 Laws Relating to Religions Corporations. 
 
 Criminal Code, Title 9. 
 
 Art. 1904. Any person who, by loud or vociferous 
 talking or swearing, or by any other noise, willfully 
 disturbs any congregation assembled for religious 
 worship, and conducting themselves in a lawful man- 
 ner, whatever may be the religion professed by such 
 congregation, shall be guilty of a misdemeanor, and 
 upon conviction thereof shall be deemed guilty of a 
 misdemeanor, and shall be fined in any sum not less 
 than twenty-five nor more than one hundred dol- 
 lars, and may be imprisoned in the county jail not 
 exceeding thirty days, at the discretion of the jury. 
 
 Art. 1905. If complaint be made to any magis- 
 trate that a person has committed the offense men- 
 tioned in the preceding article, he may be, at the dis- 
 cretion of the magistrate, bound over to keep the 
 peace, and to refrain from any like disturbance for a 
 term of one year. 
 
 Art. 1906. Double the fine prescribed in article 
 1904 shall be imposed for any subsequent offense 
 of the same kind. 
 
Vermont, 249 
 
 Chapter XXX I I I.— V e r m o n t. 
 
 General Statutes— Edition of 1870. Chapter 90. 
 
 Associations Authorized — May Adopt Corporate Name and By- 
 Law — Powers — Stewards may hold Land in Trust — Disturbance of 
 Camp-meeting, etc. 
 
 Sec. I. Any number of persons may associate to- 
 gether and have all the powers of a corporation for 
 either of the following purposes : — 
 
 First. For the support of the Gospel, and the 
 maintenance of public worship. 
 
 Second. To procure, hold, and keep in repair a 
 house of public worship. 
 
 TJiird. To procure, hold, and keep in repair a par- 
 sonage, the use and avails of which shall be appro- 
 priate to the support of public worship. 
 
 Fourth. To provide, hold, and keep in repair suit- 
 able grounds and other conveniences for burying 
 the dead ; and any one association may embrace one 
 or more, or all the four objects above mentioned in 
 this section. . . . 
 
 Tenth. For the purpose of raising, receiving, hold- 
 ing, and appropriating funds to assist indigent church- 
 es in employing and sustaining preachers of the 
 Gospel. 
 
 Eleventh. To aid indigent widows and orphans of 
 deceased ministers of the Gospel. 
 
 Twelfth. For the purpose of establishing and sus- 
 taining libraries for Sabbath-schools, district schools, 
 and for the use of pastors and ministers of the Gos- 
 pel, and for any purpose of intellectual or moral im- 
 provement. 
 
250 Laws Relating to Religious Corporations, 
 
 Sec. 2. Such associations shall be formed by writ- 
 ten articles subscribed by the members, and specify- 
 ing the object of the associations, and the conditions 
 on which they are formed. 
 
 Sec. 3. The first meeting shall be notified, or- 
 ganized, and held, in the manner prescribed in the 
 articles of association. 
 
 Sec. 4. Any such association may adopt a corpo- 
 rate name, either in the original articles, or by vote 
 at the first meeting ; and may, at any regular meet- 
 ing, adopt a corporate seal, and alter the same at 
 pleasure. 
 
 Sec. 5. An}* such corporation when organized may 
 adopt all such by-laws and regulations as may be 
 thought expedient. 
 
 Sec. 6. Such corporations, when organized, shall 
 be capable to sue and be sued, to appear, prosecute, 
 and defend to final judgment and execution, in any 
 court of law or equity or elsewhere, and may purchase 
 and hold all the real and personal estate which shall 
 be necessary to promote the association, and which 
 shall be exclusively devoted to that object. 
 
 METHODIST EPISCOPAL CHURCH. 
 
 Sec. I. The stewards of the several circuits and 
 stations of the Methodist Episcopal Church, and their 
 successors in that office, are empowered to hold in 
 trust for such Methodist Episcopal Church all lands 
 which have been deeded under any previous law, 
 or which may be deeded under the provisions of 
 this chapter, on which meeting houses, churches, 
 or chapels for religious worship, and parsonage 
 
Vermont. 251 
 
 houses, have been or may be erected, and such 
 other lands appurtenant thereto, as may be necessary 
 for the use of such houses of worship, or parsonage 
 houses ; but the stewards of any one station or cir- 
 cuit shall not be empowered to hold more than two 
 acres of land for the use of any one house of wor- 
 ship, nor more than fifteen acres for any one par- 
 sonage. 
 
 Sec. 2. Such stewards, and their successors in 
 office, may convey, by deed or otherwise, any real 
 estate which they are authorized by the preceding 
 section to hold ; provided they shall, previous thereto, 
 obtain the approbation by vote of two thirds of the 
 members of some Quarterly Meeting Conference in 
 the circuit or station where such estate is situated. 
 
 Sec. 3. Such stewards, and their successors in 
 office, are hereby authorized to erect within their re- 
 spective circuits, upon grounds used and occupied 
 for the purposes of camp-meetings, under the usages 
 of said church, boarding tents for the accommodation 
 of such persons as may attend such meetings, and 
 furnish therein board and lodging during the holding 
 of said meetings. 
 
 PROTESTANT EPISCOPAL CHURCH. 
 Act passed November 19, 1S63. 
 
 Sec. I. The wardens and vestry-men of any parish 
 of the Protestant Episcopal Church in this State, 
 duly elected according to the canons and usages of 
 said church, and their successors in office, are hereby 
 endowed with corporate powers with perpetuity, and 
 empowered to take and hold by gift or purchase, or 
 
252 Laws Relating to Religious Corporations, 
 
 otherwise, any real estate or personal property, to 
 provide for or to support religious worship, or for 
 church sites, or buildings, or parsonages. 
 
 Sec. 2. Such wardens and vestry-men, by unani- 
 mous consent, and when empowered so to do by a 
 majority vote, at the annual meeting of the parish, or 
 one called for that purpose, are authorized to sell and 
 convey any real or personal estate which now be- 
 belongs to any parish, or may be hereafter acquired ; 
 and may by vote, duly recorded, authorize one of 
 their number to convey such property. 
 
 Sec. 3. This act shall take effect from its 
 passage. 
 
 ESTATE FOR RELIGIOUS PURPOSES. 
 
 Sec. I. No grant, conveyance, devise, or lease of 
 personal or real estate to, nor any trust of, such per- 
 sonal or real estate for the benefit of any person and 
 his successor or successors in any ecclesiastical office, 
 shall vest any estate or interest in such person or his 
 successor ; and no grant, conveyance, devise, or lease 
 to or for any such person by the designation of any 
 such office, shall vest any estate or interest in any 
 successor of such person. But this section shall not 
 be deemed to admit the validity of any such grant, 
 conveyance, devise, or lease heretofore made. 
 
 Sec. 2. No future grant, conveyance, devise, or 
 lease of any real estate consecrated, dedicated, or 
 appropriated, or intended to be consecrated, dedi- 
 cated, or appropriated to tlie purpose of religious 
 worship, for the use of any congregation or society, 
 shall vest any right, title, or interest in any person 
 
Vermont. 253 
 
 or persons to whom such grant, conveyance, devise, 
 or lease may be made, unless the same shall be 
 made to a corporation organized for the support of 
 the Gospel and the maintenance of public worship, 
 or to procure, hold, and keep in repair, a house of 
 public worship, according to the provisions of the 
 first section of chapter ninety of the general statutes. 
 But nothing herein contained shall prevent any such 
 corporation from conveying such property on a bona- 
 fide sale thereof, under the direction of a court of 
 competent jurisdiction to confer such authority ac- 
 cording to the laws of this State. 
 
 Sec. 3. Any real estate of the description named 
 in section second of this chapter, and which has been 
 heretofore granted, devised, or demised to any person 
 or persons in any ecclesiastical office or orders by 
 the designation of such office or orders, or otherwise, 
 shall be deemed to be held in trust for the benefit of 
 the congregation or the society using the same, and 
 shall, unless previously conveyed to a corporation, as 
 provided in the last preceding section, upon the death 
 of the person or persons to whom the legal title shall 
 be vested at the time of the passage of this chapter, 
 vest in the religious corporation formed by the con- 
 gregation or religious society occupying and enjoying 
 such real estate as aforesaid ; provided, such a cor- 
 poration, organized according to the laws of this 
 Sta.te, shall be in existence at the time of the de- 
 cease of the person or persons holding the title 
 thereto. 
 
 Sec. 4. In the event such congregation or society 
 
 shall not be incorporated as aforesaid, then and in 
 18 
 
254 Laws Relating to Religions Corporations, 
 
 that case the title of such real estate shall vest in the 
 people of the State of Vermont. 
 
 Sec. 5. Whenever title to any real estate shall vest 
 in the people of Ihe State of Vermont under and by 
 virtue of the last preceding section, it shall be under 
 the charge of the governor of this State ; and it shall 
 be his duty, and he is hereby authorized, upon his 
 being satisfied that the congregation or society which 
 had used, occupied, or enjoyed such real estate for 
 purposes of religious worship, prior to the death of 
 the person or persons on whose decease the title 
 thereto vested in this State, has duly become a cor- 
 poration, under and according to the provisions of 
 chapter ninety of the general statutes aforesaid, and 
 upon the production to him of a true copy of the 
 articles of association and by-laws, if any there be, of 
 said corporation, certified and sworn to by the presid- 
 ing and recording officer of said corporation, to grant 
 and convey such real estate, and all the rights, title, 
 and interest of the people of the State of Vermont 
 therein and thereto to said corporation, which shall 
 thereupon be vested with all the rights, title, and 
 interest therein, and thereto, which became vested in 
 the State by virtue of the provisions of the fourth 
 section of this chapter. 
 
 Sec. 6. This chapter shall not be construed as re- 
 pealing, or in any way affecting, sections thirteen and 
 fourteen of chapter ninety of the general statutes 
 aforesaid. 
 
Vermont, 255 
 
 Chapter 93. 
 DISTURBANCE OF RELIGIOUS MEETINGS. 
 
 Sec. 5. If any person on the first day of the week, 
 or on any other day or time, shall willfully disturb 
 or interrupt any assembly of people met together 
 for religious worship, or religious instruction, by 
 noisy, rude, or indecent behavior, or by profane dis- 
 course, either within or about the place where such 
 assembly shall be collected for religious worship or 
 instruction, so near as to disturb the order and so- 
 lemnity of such assembly, he shall be punished by a 
 fine not exceeding forty dollars, nor less than five 
 dollars, to the use of the town in which said meetings 
 shall be held. 
 
 Sec. 6. Every justice, sheriff, and deputy sheriff of 
 the county, and every constable and grand juror in 
 the town in which any such meeting is held, being 
 present, may, without warrant, upon view, arrest any 
 person so making disturbance as aforesaid, and de- 
 tain such person in custody during the time of such 
 meeting, or until a trial of such offense shall be had ; 
 and all such justices, sheriffs, and deputy sheriffs, 
 constables, and grand jurors, shall have the same 
 power to command assistance in the execution of 
 the aforesaid duties as sheriffs by law have ; and all 
 persons being so commanded, who shall refuse to 
 obey such command, shall be subject to the same 
 penalties as persons who refuse to assist sheriffs in 
 the discharge of their office and duty. 
 
 Sec. 7. If any person shall, within two miles of 
 any place where any camp-meeting is held for relig- 
 ious worship, and during the continuance of such 
 
256 Laws Relating to Religious Corporations. 
 
 meeting, sell, or offer for sale, any kind of spirits or 
 spirituous liquors, or exhibit any shows or plays, or 
 shall promote or aid any horse-racing, or gaming of 
 any description, or shall, during the continuance of 
 such meeting, sell, or offer for sale, any victuals, 
 drink, or merchandise, within two miles of the place 
 of holding such meeting, he shall be punished by a 
 fine not exceeding forty dollars, nor less than five 
 dollars, to the use of the town in which such meet- 
 ing is held ; provided, however, that nothing in this 
 section shall be construed to prevent licensed retail- 
 ers, inn-keepers, or any other person, from pursuing 
 their ordinary business at their usual place of doing 
 business, nor to prevent any person from selling vict- 
 uals in his own house. 
 
 Sec. 8. It shall be the duty of grand jurors and 
 constables, in their respective towns, to make due 
 presentment of all offenses against the provisions of 
 this chapter. 
 
 Sec. 9. All prosecutions for the breach of any of 
 the provisions of this chapter shall be commenced 
 within thirty days after the commission of the offense, 
 and not after. 
 
Virginia and West Virginia, 257 
 
 Chapter XXXIV.— Virginia and West Virginia.* 
 
 Code of West Virginia, 186S.— Cliapter 57. 
 
 Conveyances to be Legalized — Trustees Appointed by Circuit Court 
 — Limit to Land Held — Real Estate may be Sold. 
 
 Sec. I. Every conveyance, devise, or dedication 
 which has been made since the first day of January, 
 I yyj, and every conveyance which shall hereafter be 
 made, of land for the use or benefit of any religious 
 congregation as a place of worship, or as a burial- 
 place, or a residence for a minister, shall be valid ; 
 and the land shall be held for such use or benefit, 
 and for such purpose, and not otherwise. 
 
 Sec. 2. The Circuit Court of the county wherein 
 such land, or the greater part thereof, may lie, may, 
 on application of the proper authorities of such con- 
 gregation, from time to time, appoint trustees either 
 when there were, or are, none, or in place ^f former 
 trustees, and change those so appointed whenever it 
 may appear to the court proper to efiect or promote 
 the purpose of the conveyance, devise, or dedication ; 
 and the legal title to such land shall, for that purpose, 
 be vested in the said trustees for the time being, and 
 their successors. 
 
 Sec. 3. When books or furniture shall be given or 
 acquired for the benefit of such congregation, to be 
 used on the said land in the ceremonies of public 
 worship, or at the residence of their minister, the 
 same shall stand vested in the trustees having the 
 
 * The laws of these States are identical. 
 
258 Laivs Relating to Religions Corporations. 
 
 legal title to the land, to be held by them as the land 
 is held, for the benefit of the congregation. 
 
 Sec. 4. The said trustees may, in their own names, 
 sue for and recover such land and property, and be 
 sued in relation thereto. Such suit, notwithstanding 
 the death of any of the said trustees, or appointment 
 of others, shall proceed in the name of the trustees 
 by or against whom it was instituted. 
 
 Sec. 5. Such trustees shall not take or hold at any 
 one time more than two acres of land in an incorpo- 
 rated town, nor more than thirty acres out of such 
 town. 
 
 Sec. 6. Whenever any religious congregation, be- 
 nevolent or literary association, for whose use a con- 
 veyance, devise, or dedication of land has been law- 
 fully made, shall deem their interest will be pro- 
 moted by a sale of such land, it shall be lawful for 
 any member of such congregation, benevolent or 
 literary association, in his name, and on behalf of the 
 other members thereof, to prosecute a suit in equity 
 for that purpose in the Circuit Court of the county 
 in which such land, or the greater part, may be, 
 against the trustees, or the successors of them in 
 whom the legal title may be ; and it shall be lawful 
 for such court, if a proper case be made, and the 
 court be of opinion that the rights of others will not 
 be violated thereby, to order a sale of such land, and 
 make such disposition of the proceeds thereof as the 
 congregation or benevolent or literary association 
 may devise. The trustees of any religious congrega- 
 tion, or benevolent or literary association, may bor- 
 row money for the use of such congregation or asso- 
 
Virginia and Wi:st Virginia. 259 
 
 ciation, and execute a lien upon any property owned 
 by them to secure the payment thereof. 
 
 Chapter 149. 
 DISTURBANCE OF RELIGIOUS WORSHIP. 
 
 Sec. 1 8. If a person willfully interrupt or disturb 
 any assembly met for the worship of God, he shall 
 be confined in jail not more than six months, and 
 fined not exceeding one hundred dollars ; and a jus- 
 tice may put him under restraint during reHgious 
 worship, and bind him, for not more than one year, 
 to be of good behavior. 
 
 Sec. 19, If any person shall erect, or have any 
 booth, stall, tent, carriage, boat, vehicle, or other 
 contrivance whatever, for the purpose of selling, giv- 
 ing, or otherwise disposing of any spirituous or fer- 
 mented liquors, or any other articles of traffic therein, 
 or shall sell, give, barter, or otherwise dispose of any 
 spirituous or fermented liquors, or any other article 
 of traffic, within two miles of any camp-meeting, or 
 other place of religious worship, during the time of 
 holding any such meeting at such place, such per- 
 son, on conviction before a justice, for the first of- 
 fense shall be fined not exceeding ten dollars, and 
 for the second offense shall be fined as aforesaid, and 
 be imprisoned not more than ten days. 
 
26o Laws Relating to Religious Corporations, 
 
 Chapter XXX V,— Wisconsin. 
 
 Taylor's Kevised Statutes, 1872 —Chapter 66. 
 
 Trustees, how Elected — Notification of Elections — Who Preside 
 at Elections — Powers of Trustees — Classification — Qualification of 
 Voters — Proceedings for Sale of Real Estate — Churches may be 
 Re-incorporated if Dissolved — Offenses. 
 
 Sec. I. It shall be lawful for all persons of full age 
 belonging to any church, congregation, or religious 
 society not already incorporated, to assemble at the 
 church or meeting-house, or other place where they 
 statedly attend for divine worship, and by a majority 
 of votes elect any number of discreet persons of the 
 church, congregation, or religious society, not less 
 than three nor more than nine in number, as trust- 
 ees (a majority of whom shall in all cases be actual 
 communicants of such church, congregation, or re- 
 ligious society) to take charge of the estate and prop- 
 erty belonging thereto, and to transact all affairs rela- 
 tive to the temporalities thereof. 
 
 Sec. 2. It shall be lawful for any church, congre- 
 gation, or religious society to choose their minister 
 to be the president of the said corporation, and of 
 their meetings, by a vote as aforesaid ; and at the 
 election provided for in this chapter every person of 
 full age who has statedly worshiped with said church, 
 congregation, or society, and has been formerly con- 
 sidered as belonging thereto, shall be entitled to a 
 vote. 
 
 Sec. 3. The minister of such congregation or so- 
 ciety, or, in case of his death or absence, one of the 
 
Wisconsin. 261 
 
 elders or deacons, church-wardens, or vestry-men 
 thereof, and for want of such officers, any other per- 
 son, being a member or stated hearer in such church, 
 congregation, or society, shall publicly notify the con- 
 gregation of the time when, and the place where, the 
 said election shall be held, at least fifteen days before 
 the election, and such notification shall be given for 
 two successive Sabbaths, on which such church, con- 
 gregation, or society shall statedly meet for public 
 worship preceding the election. 
 
 Sec. 4. Any two of the elders, deacons, church- 
 wardens, or vestry-men of such church, congregation, 
 or society, or if such officer be not present, then any 
 two voters present, to be nominated by a majority of 
 the voters, shall preside at such election, receive the 
 votes, and determine the qualifications of voters, and 
 they shall immediately after the election certify, under 
 their hands 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, shall be 
 particularly mentioned and specified. 
 
 Sec. 5. Such certificate shall be acknowledged by 
 the persons making the same, or proved by a sub- 
 scribing witness thereto, before some officer author- 
 ized to take the acknowledgment of deeds, and re- 
 corded together with the certificate of such acknowl- 
 edgment or proof, by the register of deeds 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 shall be 
 entitled to receive seventy-five cents for such record- 
 
262 Laivs Relating to Religious Corporations. 
 
 ing-, and thereafter such trustees and their successors 
 shall be a body corporate, by the name expressed in 
 such certificate. 
 
 Sec. 6. The several clerks of the boards of super- 
 visors in this State not yet supplied with suitable 
 books for recording the certificates -aforesaid, shall 
 immediately procure such books at the expense of 
 the respective counties. 
 
 Sec. 7. Such trustees may have a common seal, 
 and may alter the same at pleasure; and they may 
 take into their possession and custody all the tem- 
 poralities of such church, congregation, 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 
 church, congregation, or religious society, or to any 
 other person or persons for their use. 
 
 Sec. 8. Such trustees may also, in their corporate 
 name, sue and be sued in all courts and places, and 
 they may recover and hold all debts, demands, rights, 
 and privileges, all churches, buildings, burial-places, 
 and all the estate and appurtenances belonging to 
 such church, congregation, 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 been 
 originally vested in the said trustees ; and they may 
 hold other real or personal estate, and demise, lease, 
 and improve the same, but the whole of such estate, 
 real and personal, shall not exceed the yearly value 
 or income of three thousand dollars. 
 
 Sec. 9. The said trustees shall have authority to 
 
Wiscojtsin. 263 
 
 alter and repair their churches and meeting-houses, 
 and, under the direction of the society or congrega- 
 tion, to erect churches and meeting-houses, and 
 dwelling-houses for their ministers, and other build- 
 ings for the use of their church, congregation, or 
 society. 
 
 Sec. 10. They shall 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 belonging thereto, and to order and 
 regulate the renting of pews or slips in their churches 
 and meeting-houses, and the perquisites for the break- 
 ing of the ground in the cemetery or church-yard, 
 and in the said churches and meeting-houses, for 
 burying the dead. 
 
 Sec. II. They 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 ; and such clerk shall enter all rules 
 and orders made by such trustees, and payments or- 
 dered by them, in a book to be procured by them for 
 that purpose. 
 
 Sec. 12. Any two of the trustees may at any time 
 call a meeting of the trustees, and a majority of them, 
 being lawfully convened, shall be competent to do 
 and perform all matters and things which such trust- 
 ees are authorized to do and perform. 
 
 Sec. 13. The said trustees shall hold their offices 
 for three years, and until their successors are elected ; 
 and immediately after their first election, as hereto- 
 
264 Lazvs Relating to Religious Corporations. 
 
 fore provided, the said trustees shall be divided by 
 lot into three classes, numbered one, two, and three, 
 and the seats of the first class shall be vacated at the 
 end of the first year, of the second class at the end of 
 the second year, and the seats of 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 may be 
 annually chosen. 
 
 Sec. 14. It shall be the duty of the clerk of the 
 said trustees, at least one month before the expiration 
 of the office of any of the said trustees, to 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-wardens, then the dea- 
 cons or vestry-men 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, shall, in man- 
 ner aforesaid, notify the members of such church, con- 
 gregation, or society of such vacancies, and appoint 
 the time and place for the election to supply the 
 same ; provided, if the clerk shall fail for any cause 
 to give notice as hereinbefore required, or the elec- 
 tion shall not be held at the time as hereinbefore re- 
 quired, the church, congregation, or society shall not 
 for that reason be dissolved, or in the least affected 
 thereby ; but the notice and election may be held on 
 some other day. 
 
 Sec. 15. All subsequent elections shall be held 
 and conducted by the same persons, and in the same 
 manner, as hereinbefore provided for the first elec- 
 tion ; and in case any vacancy shall happen by the 
 
Wisconsin. 265 
 
 death of a trustee, his neglect or refusal to act with 
 the board of trustees for the space of two months or 
 more, or removal from said society before his term 
 of office expires, or otherwise, notice thereof shall be 
 given as aforesaid, and an election shall be held, and 
 another trustee chosen in his stead for the remainder 
 of the term. 
 
 Sec. 16. No person belonging to any such church, 
 congregation, or society, incorporated under the pro- 
 visions of this chapter, shall be entitled to vote at any 
 election after the first until he shall have been an at- 
 tendant on public worship in such church, congrega- 
 tion, or society at least six months before such elec- 
 tion, and shall have contributed to the support of 
 such church, congregation, or society according to 
 the usages and customs thereof. 
 
 Sec. 17. The clerk of the trustees shall keep a reg- 
 ister of the names of all such persons as shall desire to 
 become stated hearers in the said church, congrega- 
 tion, or society, and shall therein vote the time when 
 such request was made ; and the said clerk shall 
 attend all subsequent elections, in order to test the 
 qualifications of such voters in case they shall be 
 questioned. 
 
 Sec. 18. Nothing in this chapter contained shall 
 be construed to give to such trustees the power to 
 fix or ascertain the salary or compensation paid to 
 any minister ; but the same shall be ascertained and 
 fixed by a majority of such society entitled to vote 
 at the election of trustees. 
 
 Sec. 19. It shall be lawful for the Circuit Court for 
 the county in which any such religious corporation 
 
266 Laws Relating to Religious Corporations. 
 
 shall have been constituted, or in vacation, for the 
 judge of the judicial circuit in which said county is 
 situated, on the application of such corporation, if 
 said court or said judge in vacation 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 therefrom 
 to such uses as the said corporation, with the appro- 
 bation of said court, or in vacation of said judge, 
 shall conceive to be for the interest of such corpo- 
 ration. And when such order shall be granted by 
 said judge in vacation, it shall be filed with the clerk 
 of said court, and entered of record in the same man- 
 ner as if it had been granted by the court. 
 
 Sec. 20. At least ten days' previous notice of any 
 such application to the Circuit Court, or in vacation 
 to the judge of said judicial court, shall be given, by 
 publishing 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. 
 
 Sec. 21. The provisions of sections nineteen and 
 twenty of this chapter shall be applicable to all re- 
 ligious societies and corporations in this State, 
 whether constituted under the provisions of this 
 chapter or otherwise. 
 
 Sec. 22. Every church, congregation, or religious 
 society, heretofore incorporated in pursuance of law 
 and not since dissolved, shall be and is hereby es- 
 tablished and confirmed ; and in case of the dissolu- 
 tion of any such corporation, or of any corporation 
 hereafter to be formed in pursuance of the provision i 
 
Wisconsin. 267 
 
 of this chapter, for any cause whatever, the same 
 may be incorporated under the provisions of this 
 chapter at any time within six years after such disso- 
 kition ; and thereupon all the estate, real and personal, 
 formerly belonging to the same, and not lawfully dis- 
 posed of, shall vest in such corporation, as if there 
 had been no such dissolution. 
 
 Sec. 23. All lands, tenements, and hereditaments 
 that have been or may hereafter be lawfully conveyed 
 by demise, gift, grant, purchase, or otherwise to any 
 persons as trustees, in trust, for the use of any religious 
 society organized, or which may hereafter be organized, 
 within this State, either for a meeting-house, burying- 
 ground, or for the residence of a preacher, shall de- 
 scend, with the improvements, in perpetual succession 
 to and shall be held by such trustees in trust for such 
 society. 
 
 Sec. 24. Whenever, by the constitution, rules, or 
 usages of any particular church or religious denomi- 
 nation, trustees are required to be appointed by any 
 minister, presiding elder, or other officer or officers 
 of such church or denomination, it shall be 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 
 trustees and their successors shall forever thereafter 
 be called and known, which certificate shall be ac- 
 knowledged or proved and recorded, as hereinbefore 
 directed ; whereupon such trustees, and their succes- 
 sors appointed in the same manner, shall be a body 
 corporate by the name expressed in such certificate. 
 
268 Laws Relating to Religious Corporations. 
 
 with all the rights, powers, and privileges of other 
 religious corporations constituted according to the 
 provisions of this chapter. 
 
 Sec. 25. Whenever, by the constitution, rules, and 
 usages of a particular church or religious denomina- 
 tion, the minister or ministers, elders and deacons, 
 or other officers elected by any church or congrega- 
 tion, according to such constitution, rules, or usages, 
 are thereby constituted the trustees of such church 
 or congregation, it shall be lawful for such minister 
 or ministers, elders and deacons, or other officers, to 
 assemble together and execute, under their hands 
 and seals, a certificate, stating the name by which 
 they and their successors in office shall forever there- 
 after be called and known, which certificate shall be 
 acknowledged or proved, and recorded, as herein be- 
 fore directed ; whereupon such persons and their 
 successors in office shall be a body corporate, by the 
 name expressed in such certificate, with all the 
 rights, powers, and privileges of other religious cor- 
 porations, constituted according to the provisions of 
 this chapter. 
 
 Sec. 26. Every church, parsonage, and school- 
 house belonging 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 build- 
 ings, shall not be subject to taxation for any purpose 
 except for its own improvement. 
 
 Sec. 27. The rector, wardens, and vestry-men, be- 
 ing the trustees of each Protestant Episcopal Church 
 incorporated within this State, may be chosen at 
 
Wisconsin. 269 
 
 such times, and in such manner, as may be in con- 
 formity to the rules and usages of such church, and 
 elections or appointments of such officers heretofore 
 made in conformity to such rules and usages are de- 
 clared to be valid. 
 
 Sec. 28. Each Protestant Episcopal Church here- 
 tofore or hereafter incorporated wirhin this State 
 may take, by purchase, devise, gift, or otherwise, and 
 may forever hold, any lands intended to be used for 
 cemetery grounds or burial purposes ; and all grants, 
 gifts, conveyances, or devises of lands heretofore made 
 to any incorporated Protestant Episcopal Church 
 shall be valid and effectual, according to the intent 
 of the parties. 
 
 Sec. 29. Sections 14, 15, and 16, of chapter sixty- 
 seven of the Revised Statutes, shall apply to lands 
 so heretofore or hereafter acquired or held for burial 
 purposes. 
 
 Sec. 30. All bonds and files relating to any incor- 
 poration, now in the office of the clerks of the several 
 boards of supervisors of this State, shall, by said 
 clerks, be immediately transmitted to the office of 
 the register of deeds of the proper county, to be by 
 said register preserved in a convenient form for the 
 inspection of any and all persons interested. 
 
 Sec. 31. Any five or more male persons of lawful 
 age, not members of any religious congregation, de- 
 sirous of forming a society for the promotion of the 
 Christian religion in connection with a church to be 
 associated therewith, according to their own peculiar 
 tenets, may become incorporated, and possess, have, 
 
 hold, and enjoy all the rights, privileges, and fran- 
 19 
 
270 Lazvs Relating to Religious Corporations. 
 
 chises incident to such corporations as hereinafter 
 provided. 
 
 Sec. 32. Such persons shall execute, under their 
 hands and seals, a certificate substantially in the fol- 
 lowing form : — 
 
 '' Know all men by these presents, that we (insert 
 the names) whose names are hereunto subscribed, 
 have agreed, and by these presents do agree, to be- 
 come incorporated into a religious society, in pursu- 
 ance of the laws of this State, by the name and style 
 of the (here insert the 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 entitled to equal privileges and rights in the grants 
 and franchises hereby secured 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. ." A—, B— . 
 
 Sec. 33. The certificate thus executed shall be ac- 
 knowledged before some person authorized to take 
 acknowledgments of deeds, and shall be recorded in 
 the office of the Secretary of State, and copies there- 
 of, duly certified by him, shall 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 shall be entitled to receive 
 fifty cents for recording each certificate, and the like 
 sum for each certified copy thereof. 
 
 Sec. 34. That upon the recording of such certifi- 
 cate in the office of the Secretary of State, the per- 
 sons named therein shall be deemed and regarded in 
 
Wisco7tsin. 271 
 
 law as corporators, and they and their associates are 
 hereby declared to be a body corporate and poHtic, 
 with perpetual succession, by the name and style 
 designated in such certificate, and by such name and 
 style shall be competent to contract, and be con- 
 tracted with, to sue and be sued, to answer and be 
 answered unto, in all courts of law and equity ; and 
 shall also be competent in law to purchase, have, 
 hold, and enjoy property, both real and personal, 
 and to sell, dispose of, and convey the same ; pro- 
 vided, however, that it shall not be lawful for such 
 corporation to deal in property of any kind, except so 
 far as shall be necessary for the legitimate objects of 
 the corporation, as declared in this act ; and provided 
 further, that the real estate to be held shall not ex- 
 ceed five lots in any city or village, or forty acres 
 not plotted into lots. 
 
 Sec. 35. That 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 government not inconsistent 
 with the laws of this State or of the United States, 
 and may alter or amend the same at pleasure, and 
 may also designate the number and title of their offi- 
 cers, and may also define their powers and duties. 
 
 Sec. 36. A majority of the corporators named in 
 such 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 incorporation 
 thus secured ; and the said corporators shall consti- 
 tute the first board of trustees of the society, and 
 shall hold their offices until others are chosen. 
 
2/2 Laivs Relating to Religious Corporations. 
 
 Sec. 37. This act, and the act to which this is 
 amendatory, shall not be deemed to repeal any part 
 of chapter sixty-six of the Revised Statutes, but said 
 chapter sixty-six is hereby declared in full force, in 
 so far as relates to the incorporation of religious 
 societies, when the persons becoming incorporators 
 are at the time of such incorporation members of a 
 religious society or congregation having regular meet- 
 ings for divine worship. 
 
 Chapter 183. 
 OFFENSES. 
 
 Sec. 7. Every person who shall at any time will- 
 fully interrupt or molest any assembly of people met 
 for the worship of God, or any member thereof, or 
 any persons when meeting or met together for the 
 performance of any duties enjoined on or appertain- 
 ing to them as members of any religious society, or 
 wedding party, or other company or assembly of 
 peaceable citizens, or for the recitation or perform- 
 ance of or instruction in vocal music, within the 
 place of such meeting or out of it, shall be punished 
 by fine not exceeding twenty dollars nor less than 
 five dollars. 
 
 Sec. 10. That any person who shall sell any intox- 
 icating drinks, or any other articles of traffic, within 
 two miles of any camp-meeting, or other religious as- 
 sembly, without the written permit of the per«^on or 
 persons having the oversight and management of such 
 camp-meeting or rehgious assembly, or who shall 
 otherwise willfully interrupt or disturb such meeting 
 or assembly, shall be punished by a fine of not more 
 
Wisconsin. 273 
 
 than fifty dollars nor less than five dollars ; provided, 
 that nothing herein contained shall be construed to 
 prohibit any such sale at any regularly established 
 store, tavern, or other place of business which may 
 have been licensed or established previously to such 
 meeting, and not with the intent to evade the pro- 
 visions of this act. 
 
 Sec. II. Any person who shall violate the pro- 
 visions of this act, and who shall be notified by any 
 person having charge of such meeting or assembly, or 
 by any other person, that he, she, or they are violat- 
 ing the law, and who shall, after such notice, continue 
 in such violation, he, she, or they shall forfeit and 
 pay for every such offense a fine not less than five 
 dollars, nor more than fifty dollars, to be collected as 
 hereinafter provided, and paid over to the county 
 treasurer, where the same, as other fines, are required 
 to be paid for the use of schools. 
 
 THE END. 
 
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