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held by them in trust for said church, subject to the rights of all parties who may have acquired an interest therein. (Section 8 added by L 1879, chap. 136.)
[See section 4 of revision.]
(Laws 1877, ch. 177, amends L. 1875, ch. 381.)
(Laws 1878, ch. 349; R. S., Sth ed. 1895.)
Section 1. Whenever the trustees of any church or religious corporation owning a burying-ground within this State shall by resolution determine that it is expedient to remove the human remains buried therein, it shall be lawful for them to proceed as follows: They shall, by notice read to the congregation on two successive Sundays, and posted at the principal door of the church for two weeks previously, and published for the same period of time in a newspaper published in the city, village or town where such burying-ground is located, or in case there is no newspaper published therein, then in a newspaper to be desig. nated by the surrogate of the county in which such burying. ground is located, call a meeting of the pew-holders of such church for the purpose of considering the subject of such removal; and in such notice they shall state the time and place of such meeting and the purpose thereof. Such meeting shall bo organized by electing a president and secretary by a majority of the pew-holders thereat. If three-fourths of the pew-holders present at such meeting shall vote in favor of such removal, the president and secretary of such meeting shall execute a certificate showing the proceedings of such meeting, which shall be proved or acknowledged in the same manner as deeds are required by law to be proved or acknowledged, and shall be recorded in the office of the register of the city or clerk of the county in which such burying-ground is situated, and no other consent shall be necessary or required to authorize such removal. (Thus amended by L. 1887, chap. 600.)
§ 2. Such removal shall be made by the trustees of such church, their agents and servants, at such time or times, and in such manner as the board of health in such town, village or city may direct. (Thus amended by L. 1887, chap. 600.)
§ 3. Such removal shall be made at the expense of such church or religious corporation, to any other burying-ground owned by them, in an appropriate manner, together with the tomb-stones proper thereto; and such tombstones shall be erected again at the place of removal over the appropriate remains in all cases where the same can be identified.
§ 4. The provisions of sections two and three of chapter two hundred and fifteen, of the laws of eighteen hundred and fortytwo, shall not apply to any case in which the certificate mentioned in the first section of this act shall have been duly recorded.
[Re-epacted in section 8 of revision, without material change of substance.]
(Laws 1879, ch. 117, amends L. 1850, ch. 122.)
Section 1. Any union society 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 incorpora-tion of religious societies," and the several acts amendatory thereof or supplemental thereto, are hereby authorized to do as hereinafter provided.
[Section 100 of revision provides for the incorporation of union churches, and is new, although such churches, it seems, could have incorporated, formerly, pursuant to section 3 of chap. 60 of Laws 1813.]
§ 2. Any such union society holding property belonging jointly to the several societies composing the same; but the sole right of occupancy being reserved to each of them, and the same to be in proportion to their interest in or the money originally paid by them; and it being provided that the trustees make such division of the time that each may have and enjoy all its rights and privileges. And should any one or more of the societies composing the same cease to exist and not be known in any of the ways hereinafter specified, namely: By holding business meetings and having a clerk or secretary, and keeping a list or registry of its members, or holding preaching, prayer or conference meetings, or any other religious services in keeping with the usages of the denomination to which it belongs, provided that at least five years have elapsed since any of these things have been done by either of said societies, the trustees in such case on notice and a request from any of the remaining societies asking for the redistribution of the time of occupancy, shall meet for that purpose and divide
the same among the remaining societies, in proportion to their original contributions, respectively, or if the division has been made, and in keeping wth these provisions, then the same is hereby legalized.
§ 3. Any one of the societies belonging to said union society that has or may hereafter build a church in the same village or neighborhood in which it holds its religious services shall not thereby lose or forfeit in any way any of its rights or privileges in said union society, azd the maintaining of divine worship, or the contributing to its support, will be regarded the same as if the society held its meetings in the church of said union society.
§ 4. When any one of the societies has a greater interest in thi occupancy than others, the number of trustees shall be odd; and the said trustees shall be elected from each of the societies in proportion to its interest in the same, as near as may be.
$ 5. Any notice necessary to be given by said union society, either for the election of trustees or any other purpose, and there being no services at the time in the union church so that said notice may be given, and there being a church, as set forth in section three of this act, the notice may be read from the desk thereof as the law provides, and the same be posted on the outer door of the union church at least fifteen days before the said meeting.
$ 6. Any society belonging to union society, that is incorporated and has built for itself a church, may call a meeting, giving notice of the object for which the same is called, and any one entitled to vote for trustees may yote at such meeting, and if two-thirds of all the votes taken are in favor of selling their interest and right of occupancy in union society, then the trustees are hereby authorized to sell the same; and may give title to and convey the same, provided the proceeds arising therefrom in all cases shall be used for the benefit of their church property.
[Sections 2-6 are re-enacted in section 101 of revision, without material change of substance.]
(Laws 1881, ch. 501; R. S., Sth ed., 1912.) Section 1. Any incorporated religious society within the State of New York who now has, or may hereafter hold or acquire lands for the purpose of a burial place or cemetery, may sell lots or plats in such burial place or cemetery, upon such terms as may be agreed, subject to such conditions and restrictions as may be imposed upon the use of such lots or plats, by the rules and regulations now adopted, or hereafter to be adopted, by such religious corporation. The conveyance shall be executed under
the common seal of the corporation and shall be signed by, a majority of the trustees of the corporation making such sale,
[Section 7 of revision, without change of substance.
(Laws 1882, ch. 23, amends L. 1876, ch. 110.)
(Laws 1883, ch. 501; not in R. S., Sth ed.) Section 1. Any of the churches in this State in connection with the Reformed church in America (until eighteen hundred and sixty-nine known as the Reformed Protestant Dutch church), that in accordance with section eight of the act passed April fifteen, eighteen hundred and thirty-five, and entitled "An act to amend the chapter of the ministers, elders and deacons of the Second Protestant Reformed Dutch church in the city of Albany," have removed the management of their temporal concerns from the hands of a consistory, and have committed the same to the care of a board of trustees distinct from that consistory, or who have, at the time of their organization, confided the management of their temporal concerns to a board of trustees distinct from the consistory, may, if the consistory and board concurrently so determine, at any time hereafter confide the management and care of the temporal concerns of the said cburch to the consistory; and such determination shall be reduced to writing, and signed by the president and secretary or clerk of said consistory, and by the president and secretary or clerk of said board, with the seal of the said corporation (if any) thereto affixed, and shall be acknowledged by the president of said consistory, before some person authorized to take the acknowledgment of deeds, and be recorded in the office of the county clerk of the county in which such church shall be situated, in the book of records relative to religious corporations, or other proper book of records. Then the said board shall by vote signify its desire to dissolve, and shall thereupon cease to exist; and the consistory of said church shall be the board of trustees of said church, as provided by section two of an act passed April fifth, eighteen hundred and thirteen, and entitled “An act to provide for the incorporation of religious societies." [Section 64 of revision, without change of substance.]
(Laws 1881, ch. 198; R. S., Sth ed. 1896.) Section 1. Any incorporated church or congregation in this State shall have power to take and hold any lot or lots in any burial-ground or cemetery connected with any such church or congregation, which may be conveyed or devised to them by the owners or proprietors thereof, and with power to restrict interments to such person or persons or class of persons as may for
that purpose be designated and prescribed in the conveyance or devise under which the said lot or lots shall be so taken or held.
§ 2. The said corporation may take and hold any grant, dond tion or bequest of property upon trust, to apply the same, or the income thereof, under the direction of the vestry or trustees, for the improvement or embellishment of any such burial. ground or cemetery, or lot therein, or for the erection, repair, preservation or renewal of any tomb, monument or gravestone, fence, railing or other erection, or for the planting and cultivation of trees, shrubs, flowers or plants in or around any cemetery lot, or for improving the said promises in any other manner or form consistent with the design and purpose of this act, according to the terms of such grant, donation or bequest.
§ 3. Nothing in this act contained shall be so construed as ia any way to limit, alter or affect the rights and powers of said corporation to sell, convey or dispose of their lands in any man. ner now authorized by laws concerning the removal of ceme. teries or burial-grounds.
[Section 7 of revision, without change of substance.]
(Laws 1855, ch. 431; R. S., Sth ed., 1917.)
Section 1. The American Congregational Union, incorporated under the laws of the State of New York to promote the erection of Congregational churches or houses of worship and parsonages and other kindred objects, shall be and become vested with the property and effects of any extinct or disbanded Con. gregational church or society within this State, in trust to apply the same to the maintenance or erection of such houses of worship and parsonages within this State, after paying the debts, if any, of such disbanded church or society, and for these purposes may sell and convert such property into money; provided, however, that in the sale and disposition of real and personal estate so devolving on the said American Congregational Union, its trustees and managing board shall be deemed, in respect to the right and power of possession, control, disposal and conveyance, the legal successors of such extinct corporation; and in case of the sale of real property it may apply to any court of record within the judicial district where such real estate is situated, for the judicial order required for the sale of real estate of religious corporations, and for leave to sell such land and premises so devolving on them. The said American Congregational Union shall determine when any such church or society is extinct, provided that no church having more than nine resi. dent members shall be declared extinct, unless it has failed for