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three consecutive years to maintain the stated preaching of the gospel. If the court to which the application is made shall deem that there are persons in being entitled to notice of the application, the court may, in its discretion, make an order to show cause and direct summary service thereof, either by publication thereof for one or more weeks, or personally on the persons designated in the order. Unless the final order shall otherwise direct as to the application of the proceeds, the said the American Congregational Union may, in its discretion, apply such proceeds to the uses and purposes of its incorporation within the restrictions of this act.

[Section 15 of revision. Several minor changes are made for the sake of uniformity, but nothing substantial.]

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(Laws 1886, ch. 16, is superseded by L. 1887, ch. 406.)
(Laws 1886, ch. 98, amends L. 1813, ch. 60.)

(Laws 1886, ch. 209; R. S., Sth ed., 1909.)

Section 1. All the provisions of the act entitled "An act supplemental to chapter sixty of the laws of eighteen hundred and thirteen, entitled 'An act to provide for the incorporation of religious societies, and of the several acts amendatory thereof,'" passed April eleventh, eighteen hundred and seventy-six, are made applicable to the New York State Conference of Unitarian Churches, the same as if said body was named in section one of said act, and the said New York State Conference of Unitarian Churches is hereby authorized to incorporate under the provi sions of said act.

[Section 14 of revision.]

(Laws 1887, ch. 100; R. S., 8th ed., 1918.)

Section 1. The New York Eastern Christian Benevolent and Missionary Society, a duly incorporated body organized to promote the erection of churches of the Christian denomination, and parsonages for the use of the ministers thereof, and other kindred objects within the bounds of the New York Eastern Christian Conference, shall be and become vested with the property and effects of any extinct or disbanded church or society of the Christian denomination, within the bounds of the New York Eastern Christian Conference, except as hereinafter provided, in trust; to apply the same for the maintenance or erection of churches and parsonages, and for the spread of the gospel in such territory as said society may direct, after paying the debts, if any, of such disbanded or extinct church or society; and for these purposes may sell and convert said property into money,

and in the sale and disposition of all such property, the said New York Eastern Christian Benevolent and Missionary Society, its trustees or managing board, shall be deemed, in respect to the right and power of possession, control, disposal and conveyance, the legal successors of such disbanded or extinct churches or societies, or the trustees thereof. In case of the sale of real property, it may apply to any court of record in any judicial district where such real estate is situated for an order for leave to sell such real estate. If the court to which the application is made shall deem that there are persons in being entitled to notice of the application, the court may, in its discretion, make an order to show cause, and direct service thereof on the person designated in the order, either personally or by the publication thereof for one or more weeks in such newspapers as shall be designated by the court. The said New York Eastern Christian Benevolent and Missionary Society shall determine when any such church or society is extinct, providing that no church having more than nine resident members shall be declared extinct unless it has failed for two consecutive years to maintain the stated preaching of the gospel.

§ 2. The property and effects of any extinct or disbanded church or society of the Christian denomination, situate within the bounds of any duly incorporated conference of the Christian church, shall, except as hereinafter provided, be and become vested in such conference for all intents and purposes mentioned in section one of this act. And the power and authority cferred by this act on the New York Eastern Christian Benevolent and Missionary Society, over such property within its territory, is hereby conferred and given to the said conferences over the property so vested in them.

§ 3. All other property and effects of any other disbanded or extinct church or society of the Christian denomination, except as hereinbefore and hereafter provided, shall be and become vested in the New York State Christian Association, a duly incorporated body, for all intents and purposes mentioned in section one in this act. And the power and authority conferred by this act on the New York Eastern Christian Benevolent and Missionary Society, over such property within its territory is hereby conferred and given to the New York State Christian Association over all property which may become vested in them by reason of this act.

§ 4. The provisions of this act shall apply only to churches and societies of the Christian denomination where the only rule of faith is the Bible, "Christian" their only name, and Christian character the only test of fellowship, but not so construing these

as to make any form of baptism or theological opinion a test of Christian character, and none other.

[Section 15 of revision, without material change of substance.]

(Laws 1887, ch. 406; R. S., 8th ed., 1916.)

Section 1. Any Evangelical Lutheran church or congregation in this State, now incorporated under section three of chapter sixty of the laws of eighteen hundred and thirteen, entitled "An act to provide for the incorporation of religious societies," or hereafter incorporated, may incorporate itself in the mode and manner prescribed by section two of said chapter sixty of the laws of eighteen hundred and thirteen.

[Section 61 of revision authorizes Lutheran churches to adopt either elective method of choosing trustees or the ex-officio method, whereby certain officers of the congregation become trustees of the corporation. If the former method is adopted, incorporation is pursuant to article V of revision-if the latter, pursuant to §§ 62 and 63 of revision.]

§ 2. And it shall be lawful for any such Evangelical Lutheran church or congregation already incorporated under section three of chapter sixty of the laws of eighteen hundred and thirteen, at any meeting called for that purpose, in the manner and mode prescribed in section three of chapter sixty of the laws of eighteen hundred and thirteen, and by a majority of the voices of the persons entitled to vote, according to section seven of chapter sixty of the aforementioned act of eighteen hundred and thirteen, to decide whether such Evangelical Lutheran church or congregation desires to avail itself of the provisions of, and the privileges granted by, the said chapter sixteen of the laws of eighteen hundred and eighty-six.

[See § 61 of revision.]

§ 3. And if any Evangelical Lutheran church or congregation, at such meeting, legally convened, and by a majority of voices entitled to vote, should decide to avail itself of the privileges extended by the said chapter sixteen of the laws of eighteen hundred and eighty-six, the trustees of such church or congregation shall have a certified copy of such action recorded in the office of the clerk of the county in which such church or congregation is situated; in which certified copies the names of the minister or ministers, elders and deacons of such church or congregation, then in office, shall be particularly mentioned;

whereupon the term of office to which the aforementioned trus tecs were elected shall expire and cease; and the said minister or ministers, elders and deacons of such church or congregation, then in office, shall be and constitute the board of trustees for such Evangelical Lutheran church or congregation; provided, however, that the rights and duties of such trustees are the same as those described in and set forth by section four and the subsequent sections of the aforementioned act of eighteen hundred and thirteen, and the acts amendatory thereof and supplemental thereto.

§ 4. Such Evangelical Lutheran church or congregation so incorporated under the said third section of the laws of eighteen hundred and thirteen shall thereupon become merged in the new corporation so reorganized under the provisions of said chapter sixteen of the laws of eighteen hundred and eighty-six, and such new corporation shall, by virtue of this act, be vested with the title to all the property, real as well as personal, of the old corporation formed under the laws of eighteen hundred and thirteen, in the same manner as if such property had been acquired originally by such new corporation, and such new corporation shall also assume all liabilities to which the old corporation was subject, in the same manner as if originally incurred by such new corporation; and for all purposes whatsoever such new corporation shall take the place and stead of the old corporation.

[Section 66 of revision, without material change of substance.]

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(Laws 1887, ch, 600, amends L. 1878, ch. 349.),
(Laws 1888, ch. 459; R. S., 8th ed., 1913.)

Section 1. In all cases where a conveyance of any real estate has been or hereafter shall be made to any religious society or corporation, incorporated under or by virtue of any general or special laws of this State and in the deed of such conveyance the corporate name or designation of such religious society or corporation as the grantee in such deed of conveyance is not correctly stated, and where the intention of the grantor or grantors in such deed is signified by the use of the principal words of the corporate name or designation of any such religious society or corporation, and where such religious society or corporation shall have entered into possession and occupation of such real estate, it shall be lawful for such religious society or corporation to file in the office of the clerk of the county wherein such real estate is located, or if there be a register of deeds of such county, then in the office of such register, a statement setting forth the date of such deed of conveyance, the date of the recording and the

number and page of the book of record thereof, the name or names of the grantor or grantors, the description of the property conveyed, the erroneous title of such religious society or cor poration as expressed in such deed, and also the correct title thereof, which statement shall be verified by the affidavit of any duly authorized officer of such religious society or corporation taken by any person authorized to take acknowledgments and proof of deeds; and it shall be the duty of such clerk or register to file the said statement so verified as aforesaid in his office, and to record the same in a book to be kept for that purpose, and to note the filing and recording thereof in the margin of the record of the said deed, for which such clerk or register shall receive the same fees as are now allowed for the recording of deeds. And from and after the filing and recording of such statement as aforesaid, the proper corporate name or designation of such religious society or corporation shall be deemed to have been expressed in the original deed of conveyance aforesaid. And the said statements and duly certified copies thereof shall be received in evidence in any of the courts of this State.

Covered by § 10 of revision. See note to that section.]

(Laws 1890, ch. 66, amends L. 1813, ch. 60.)

(Laws 1890, ch. 424, amends L. 1813, ch. 60.)

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