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included in the Revised Statutes, and, as amended to date, is still in force.

The general law of 1795, for the incorporation of Episcopal churches, was made the basis of section 1 of the act of 1813, now consisting of eighteen subdivisions; the general law for the incorporation of Dutch Reformed churches was made the basis of section 2 of the act of 1813; and the first general law of 1784, originally applicable to all churches, was made the basis of section 3. Separate statutes have since been passed for the incorporation of Roman Catholic churches, Laws 1863, chapter 45; of Greek churches, Laws 1871, chapter 12; of Baptist and Congregational churches, Laws 1873, chapter 633, repealed by chapter 50 of Laws 1890; of Baptist churches, Laws 1876, chapter 329, and many supplemental and amendatory statutes have been passed since 1813, some of which made special provisions for particular denominations.

Many useful provisions of the present law, now applicable to incorporated churches only, are extended by article 1 to all religious corporations. Throughout the revision the members of the church or congregation instead of the trustees are made the corporation. The provision of the present law, occurring in almost every act relating to the incorporation of churches, requir ing the filing of an annual or triennial inventory and account, is omitted from the revision, and a judicial inquiry as to the amount of its property is substituted by section 13. The old provision was practically obsolete and rarely observed. So too all limitations on the amount of property which a religious corporation is enabled to hold are omitted from the revision, as superseded by section 12 of the General Corporation Law, which greatly extends the powers of nonbusiness corporations in respect to the holding of property.

Article 1 is applicable to all religious corporations. The material changes of substance in this article are as follows:

The provision of the present law that the seats in churches which are originally established as free church corporations shall be forever free, is omitted from section 6 of revision.

Section 7 of revision authorizes properly executed deeds of lots in the cemetery of a religious corporation to be recorded.

The present law makes the trustees of a common parsonage a corporation, while by § 9 of revision they are merely made the managing agents of the contributing corporations.

Section 10, relating to the correction and confirmation of conveyances, enlarges materially the cases in which corrections can be made, and provides a scheme whereby a conveyance incorrectly stating the name of a corporation is made presumptively valid.

The provision of the present law, prohibiting the sale of "Gospel lots," is omitted from section 11 of revision, as obsolete.

Section 12, providing for the consolidation of religious corporations, allows the new church to be a different denomination than either church consolidating; but this is deemed sufficiently guarded by the provision that the governing body of cach consolidating church shall consent to the consolidation.

Section 16, providing for the incorporation of mission and Sunday school corporations, is new.

Article 2 of the revision contains the special provisions applicable to Episcopal churches. The article was prepared after consultation with an eminent authority of the church, and embodies, it is believed, the views of that denomination. Several changes are made in the present law, as appear from the notes to the sections of the articles.

Article 3 of the revision contains the special provisions applicable to Roman Catholic and Greek churches. The provision of section 50, that during a vacancy in the office of archbishop or bishop, the administrator of the diocese and his vicar and representative shall be trustees, is new.

Section 11 provides that the real property of a Roman Catholic church shall not be sold, mortgaged or leased without the consent of the archbishop or bishop, or in case of their absence or inability to act, of the vicar-general or administrator of the diocese.

These changes were made on the request of the authorities of that denomination.

Article 4 contains the special provisions relating to Reformed Dutch, Reformed Presbyterian and Lutheran churches. The material change made by this article is in allowing churches of this class to incorporate, originally, either by the ex officio or elective method of choosing trustees.

Article 5 contains the special provisions for the incorporation and government of churches of other denominations. The material change is in the qualification of voters. Section 82 provides for a uniform qualification. It does not change substantially the qualification of voters in Baptist churches. The qualification of voters for other churches, generally, has remained unchanged since Laws 1784, except for the amend ment of 1867, chapter 656, striking out the word "male;" and by the present law is as follows: "Every person of full age who has statedly worshipped with such church, congregation or society, and has formerly been considered as belonging thereto." The indefinite character of this statement was illustrated in People ex rel. Sturgess v. Keese, 27 Hun, 484. The change proposed has the advantage of a . uniform statement for all churches, and will tend to diminish doubted controversy.

Article C contains the special provisions for the incorporation of two or more churches as a union church, without material change.

The appendix following this chapter of the proposed revision contains all the statutes proposed to be repealed hereby. Cross references and notes explaining the principal changes in language, and all changes in substance, are appended to the several sections of the proposed revision and of the existing statutes set out in the appendix.

NOTE.

The provisions of the general corporation law apply to religious corporations; but section 33 provides that if, in any case, the provisions of the religious corporation law conflict with the provisions of the general corporation law, the provisions of the religious corporation law shall prevail, and the provisions of the general corporation law shall not apply. In cases where the religious corporation law makes no provision, the provisions may, or may not, be found in the general corporation law; and where the two statutes harmonize, the general corporation law simply adds force to the other. For instance: the religious corporation law does not provide for the election of trustees, if for any cause the annual meeting has failed to elect. But by referring to sections 23 and 24 of the general corporation law, we find the necessary provision. By turning to section 3, subdivision 6, we find that the terms director and trustee are used synonymously.

Again, the religious corporation law does not seem to authorize trustees to hold their office beyond the time for which they were elected, or until their successors have been chosen. But section 23 of the general corporation law makes such provision.

When such questions arise, resort to a careful study of the general corporation law, the statutory construction law, the reviser's notes in the appendix, and the schedule of laws repealed.

For changing the name of a religious corporation, see sections 2410 to 2417 of the Code of Civil Procedure.

THE RELIGIOUS CORPORATIONS LAW.

LAWS OF 1895, CHAPTER 723.

AN ACT in relation to religious corporations, constituting chapter forty-two of the general laws.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Article

CHAPTER XLII OF THE GENERAL LAWS.

The Religious Corporations Law.

I. Provisions applicable to religious corporations generally. (§§ 1-18.)

II. Special provisions for the incorporation and government of Protestant Episcopal parishes or churches. (§§ 30-36.)

III. Special provisions for the incorporation and gov

ernment of Roman

churches. (§§ 50-51.)

Catholic and Greek

IV. Special provisions for the incorporation and gov ernment of Reformed Dutch, Reformed Presbyterian and Evangelical Lutheran churches. (SS GO-66.)

V. Special provisions for the incorporation and gov ernment of churches of other denominations. ($$ 80-93.)

VI. Special provisions for the incorporation and gov ernment of two or more unincorporated churches as a union church. (§§ 100-101.)

VII. Laws repealed; when to take effect. (SS 110-111.)

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