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said presbytery, shall immediately 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 forever thereafter be called or known, shall be particularly mentioned and described; which said certificate being duly acknowledged or proved before an officer authorized by law to take the proof or acknowledgment 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 said clerk is required by law to record certifl. cates of the organization of religious societies, 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.
[Section 14 of revision, except that the members of the governing body instead of the trustees are made the corporation. Section 3 of revision provides for filing and recording certificates.]
§ 2. The said corporation shall, in law, be capable 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 real and personal 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 presby. tery and in the promotion of its religious, educational or charitable purposes, be given, devised, bequeathed or granted to any such corporation 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 or personal estate, provided, that the yearly income received from the property of any such corporation shall not exceed the sum of ten thousand dollars.
TSection 11, General Corporation Law, authorizes every corporation to take and hold property for its uses and objects. Section 4 of revision, provides for the vesting of the temporali. ties and property of the unincorporated governing body in the incorporated one. The property limitation is omitted as superseded by General Corporation Law, section 12.]
§ 3. Whenever any church in connection with any such presby. tery, 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 temporalities belonging to the society formed in con
nection with such extinct church and manage or dispose of the game, and apply the proceeds thereof to any of the objects menticned in the second section of this act. The presbytery to which the church belongs shall determine when any church is extinct, provided that no church having more than nine resident members shall be declared extinct, unless it has failed, for three consecutive years to maintain the stated preaching of the gospel. (Thus amended by L. 1877, chap. 177).
[Section 15 of revision, without material change.]
§ 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 their office at the pleasure of the presbytery electing them, and all vacancies shall be filled by the presbytery.
[Section 14 of revision, without change of substance.]
(Laws 1875, ch. 408; R. S., Sth ed., 1906.) Section 1. 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 religious 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.
§ 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 trustees, to take and hold the title to such lot or lots or farm as may be purchased for parsonage purposes, as trustees of and for the use and benefit of said churches, congregations or religious societies.
§ 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, congregations or religious societies statedly meets for worship. Notice of the time of holding such election shall then be given to each of such churches, congregations or religious societies, in the manner prescribed by the third section of the act above mentioned. Notice shall be given at the same time and in the same manner, of the place where the board of canvassers, created by this act, to canvass the votes given at the election for trustees. At the time so appointed for such election, said churches, congrega. tions or religious societies shall, by a plurality of voices, elect one of their members chairman of such meeting, and the clerk of such church, congregation or religious society, if present, shall be clerk of such meeting; but if such clerk shall be absent, then such church, congregations or religious societies shall, by plurality of voices, elect one of their members clerk for the time being.
§ 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 sec that the business before the meeting is conducted in 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 lawfully 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.
$ 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 mentioned, 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 before, 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 to divide said trustees, by lot, into three classes, one of whom shall hold the office for one ycar, 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 prescribed for the election of the first parsonage trustees. 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.
§ 6. The secretary of said board of canvassers 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 election 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 chairman 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 acknowledgment 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 socie. ties may be located.
$ 7. Upon the recording of such certificate the said trustees and their successors shall be a body politic and corporate, by tbe name stated in such certificate; 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 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 said 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.
$ 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 he 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.
$ 9. In case of the death or removal from the county of any one or more of said trustees, the remaining trustees or trustee may, by writing under their or his hand and seal, appoint a trustee or trustees 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 manner as other trustees are required to be elected. [Section 9 of revision. For changes, see notes to that section.]
(Laws 1875, ch. 443, amends L. 1875, ch. 79.)
(Laws 1876, ch. 110; R. S., Sth ed., 1908.) Section 1. It shall be lawful for any diocesan convention, presbytery, classis, synod, annual conference, or other governing body having jurisdiction over a number of churches, congregutions or societies of any church or religious denomination in this State, now or hereafter to be constituted or established, and not already incorporated, at any stated meeting thereof, by a plurality of voices, to elect any number of discreet persons, 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 relating to the temporalities thereof. The presiding officer and clerk of such governing body shall inmediately thereafter certify, under their hands and seals, the names of the persons elected as trustees as aforesaid, in which certificate the name or title by which the said trustees and their successors shall be known, shall be particularly mentioned, which said certificate, being duly acknowledged by the said presiding officer and clerk, shall be recorded by the clerk of one of the counties situated in . whole or in part within the bounds of the jurisdiction of such governing body, or in the book kept for the record of religious corporations; 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.
[Section 14 of revision, except that the inembers of the govern. in body, instead of the trustees, are made the corporation. Section 3 of revision provides for filing and recording certificates.)
§ 2. Such trustees shall be capable of taking for religious, educational and charitable purposes, by gift, devise, bequest, grant or purchase, and of holding and disposing of the same,