article of this chapter, except that the first business of such meeting after its incorporation shall be to determine whether such church shall be incorporated and governed in pursuance of this article, or in pursuance of the next article of this chapter. If such meeting determines that such church shall be incorporated and governed in pursuance of this article, then no further proceedings shall be taken in pursuance of the next article, and such church may be incorporated and shall be governed after its incorporation in pursuance of the provisions of the following sections of this article, except such provisions as are applicable only to churches of a different denomination; and the certificate of incorporation shall recite such determination of such meeting. If such meeting determine that such church shall be incorporated and governed in pursuance of the next article of this chapter, then this article shall not be applicable thereto, but such church may be incorporated and shall be governed after its incorporation in pursuance of the provisions of the next article of this chapter, except such provisions as are applicable to churches of a single religious denomination only. [L. 1886, ch. 16; R. S., 8th ed., 1916. L. 1887, ch. 406, §§ 1, 2; R. S., 8th ed., 1913. $62. Incorporation of Reformed Dutch, Reformed Presbyterian and Evangelical Lutheran churches under this article.- If an unincorporated church in connection with the Reformed church in America, the true Reformed Dutch church in the United States of America, the Reformed Presbyterian church, or with the Evangelical Lutheran church, determine to incorporate in pursuance of this article, the minister or ministers and the elders and deacons thereof, shall execute, acknowledge and cause to be filed and recorded a certificate in pursuance of this article. The deacons of a Presbyterian church may alone sign such certificate if authorized so to do by such church. Such certificate of incorporation shall state the name of the proposed corporation, the county and town, city or village where its principal place of worship is cr is intended to be located, and, if it be an Evangelical Lutheran church, the fact that a meeting of such church duly called decided that it be incorporated under this article; and if it be signed by the deacons of a Reformed Presbyterian church, it shall state that they were authorized so to do by such church. On filing such certificate such church shall be a corporation by the name stated therein and the minister or ministers, if any, and the elders and deacons of such church shall, by virtue of their offices, be the trustees of such corporation, except that if it be a Reformed Presbyterian church, the certificate of incorporation of which shall have been, in pursuance of law, signed by its deacons only, the deacons of such church shall, by virtue of their offices, be the trustees of such corporation. [See form, No. 18. L. 1813, ch. 60, § 2; R. S., 8th ed., 1884. L. 1887, ch. 406; § 1; R. S., 8th ed., 1916. The following is the reveiser's note to this section: "The only material change is in allowing option to Reformed Dutch system of churches to incorporate with either ex officio or elective system of choosing trustees. By the present law they can only incorporate with the ex officio system, but may afterwards change to the elective system. It seems desirable that they should be allowed to originally incorporate with the elective system instead of incorporating with one system and immediately changing to the other. The "church" instead of the trustees is constituted the corporation by the interpretation of the courts is no change in substance." As to place of filing certificate, see § 3 and cases cited. The general qualification of incorporators, the naming of the corporation and other general regulations as to certificates, are provided by general corporation law, §§ 3-9. The persons before whom acknowledgments may be taken, are specified in statutory construction law, see § 15. For powers of trustees in relation to property of the corporation, see §§ 4, 5 and 11 and notes. For powers of trustees in relation to minister, see notes to § 5, under head of "Minister."] 63. Consistory of a Reformed church in America; ministers, how chosen.-Any church in connection with the Reformed church in America, the choice or election of the members of whose consistory is not subject to the ecclesiastical rules or jurisdiction of such Reformed church in America, shall, if the consistory so determine, be subject to such rules and jurisdic tion; and thereafter the choice of the members of the consistory shall be in accordance with such rules and practices. If any such church be incorporated under the next article of this chapter, or if its trustees be elective in pursuance of such article, its board of trustees and its consistory shall act concurrently in the choice of its minister. [L. 1835, ch. 90, § 1; R. S., 8th ed., 1894, As to settling minister, see § 5, notes, ante., under head of Minister." Under the constitution of the Reformed Protestant Dutch Church in America, the relation between the pastor who has charge and his congregation may be dissolved by the classis within whose bounds such church is located. Connitt v. The Reformed, etc., Church, 54 N. Y. 551.] § 64. Reformed churches in America, changing system of choos. ing trustees; minister, how chosen.-If the ministers, elders and deacons who, at any time, by virtue of their offices, constitute the trustees of any Reformed church in America, determine that the trustees of such church shall thereafter be elective in pursuance of the next article of this chapter, and shall determine whether the number of such trustees shall be three, six or nine, and the date of the annual corporate meeting of the church, they may sign, acknowledge and cause to be filed and recorded in the office of the clerk of the county in which the certificate of incorporation of such church is filed or recorded, a certificate of such determinations. Thereafter the trustees of such church shall be elective in pursuance of the provisions of the next article of this chapter, relating to the election of trustees of incorporated churches. At the next annual corporate meeting after the filing of such certificate, one-third of the number of trustees so deter mined on shall be elected to hold office for one year, one-third for two years and one-third for three years, and the minister, elders and deacons shall cease to be the trustees of such church, At each subsequent annual corporate meeting of such church, one-third of the number of trustees so determined on shall be elected to hold office for three years. If the trustees of an incorporated Reformed church in America. are at any time elective, in pursuance of the next article of this chapter, the board of trustees and the consistory thereof may concurrently determine that the minister or ministers, if any, and the elders and deacons of such church shall constitute the trustees thereof. Thereon the president and clerk of the consistory and the president and clerk of the board of trustees shall sign and acknowledge and cause to be filed and recorded in the office of the clerk of the county in which the original certificate of incorporation is filed or recorded, a certificate of such determination, stating the names of such ministers, elders and deacons. On so filing and recording such certificate, such board of trustees shall be dissolved, and the minister or ministers, and elders and deacons of such church, and their successors in office shall constitute the trustees of such church. [See form, No. 19. L. 1835, ch. 90, § 8; R. S., 8th ed., 1893. § 65. Reformed Presbyterian churches, changing system of choosing trustees; pew rents and minister's salary.— If any incorporated Reformed Presbyterian church, at a meeting of the church or congregation, determine that the deacons of such church shall be the trustees thereof, then the deacons of such church actively engaged in the exercise of their offices therein, and their successors in office, shall, by virtue of their respective offices, be the trustees of such church. The salary of the minister and the pew rents in any such church shall be fixed by the vote of the congregation, and the trustees shall not fix or change the same. [L. 1822, ch. 187; R. S., 8th ed., 1892. For powers of trustess, see §§ 2-5, 11, ante.] § 66. Evangelical Lutheran churches, changing system of electing trustees.- If the trustees of an incorporated Evangelical Lutheran church shall, at any time, be elective in pursuance of the next article of this chapter, the church may, at an annual corporate meeting, if notice thereof be given with the notice of such meeting, determine that the minister or ministers, elders and deacons thereof shall thereafter constitute the trustees thereof, and thereon the trustees of such church shall sign, acknowledge and cause to be filed and recorded, a certificate stating the fact of such determination and the names of the minister or ministers, if any, and of the elders and deacons of such church, and thereon the terms of office of such trustees shall cease, and the minister or ministers, and the elders and deacons of such church and their successors in office shall, by virtue of their respective offices, be the trustees of such church. [See form, No. 20. L. 1886, ch. 16; R. S., 8th ed., 191 L. 1887, ch. 406; R. S., 8th ed., 1916., Without change of substance. For powers of trustees, see §§ 2-5, 11, ante.] ARTICLE V. Special Provisions for the Incorporation of Churches of Other Denominations. Section 80. Application of this article. 81. Notice of meeting for incorporation. 82. The meeting for incorporation. 83. The certificate of incorporation. 84. Time, place and notice of corporate meetings. 85. Organization and conduct of corporate meetings; qualifications of voters thereat. 86. Changing date of annual corporate meetings. 87. Changing number of trustees. 88. Meetings of trustees. 89. The creation and filling of vacancies among trustees of such churches. 90. Control of trustees by corporate meetings of such churches; salaries of ministers. 91. Trustees of a church in connection with the United Brethren in Christ. 92. Trusts for Shakers and Friends. 93. Conveyance of trust property of Friends. |