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clerk to have

R. S. 43, § 17.

ments of the ancient proprietors of townships or of common lands, Town or city when they have ceased to be a body corporate, shall, unless they have custody of recmade other legal disposition thereof, be vested in the clerk of the city ords when, &c. or town in which such lands or the larger portion of them are situated; 1851, 161, § 5. who, if such records and documents are in the possession of any other See § 13. person, shall demand the same, and may make and certify copies thereof in the same manner as the clerk of the proprietors might have done. SECT. 12. When any church or religious society ceases to have a legal existence, and the care of its records and registries is not otherwise provided for by law, the person having possession of the same shall deliver them to the clerk of the city or town in which such church or society was situated, who may certify copies thereof.

of records of

church ceasing 1851, 161, § 8.

to exist.

See § 13.

7, 8.

SECT. 13. Every county, city, and town, for each month it neglects Penalties. or refuses to perform any duty required by this chapter, shall forfeit 1851, 161, §§ 4, 5. twenty dollars; a register or clerk who neglects or refuses to perform 1857, 97, § 2. any duty required of him shall forfeit for each offence ten dollars; whoever takes and carries away any book of record, paper, or written document, belonging to the records or files of any county, city, or town, except as is provided in section nine, or defaces, alters, or mutilates, by mark, erasure, cutting, or otherwise, any such record, paper, or written document, shall forfeit a sum not exceeding fifty dollars; and whoever, after demand made by the clerk of the city or town entitled by law to have possession of the books of record and other documents mentioned in sections eleven and twelve, wrongfully detains the same, shall forfeit fifty dollars.

TITLE X.

OF PARISHES AND RELIGIOUS SOCIETIES; AND OF RELIGIOUS,
CHARITABLE, AND EDUCATIONAL FUNDS AND ASSOCIATIONS.

CHAPTER 30.-Of Parishes and Religious Societies.

CHAPTER 31.-Of Donations and Conveyances for Pious and Charitable Uses.
CHAPTER 32.-Of Associations for Religious, Charitable, and Educational Pur-

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corporate.

ers not affected.

SECTION

10. Moderator, &c., elected by ballot. Clerks,
&c., to be sworn. Other elections.

11. Prudential affairs, by whom managed.
12. If assessors refuse, &c., a justice of the
peace may call, &c.

13. Warrant to contain matters desired by five
or more voters. Action on matters not in
warrant void.

14. Meetings, how warned.

15. Who to preside till moderator is chosen.
Choice of clerk. Officers, how sworn.

16. Moderator's powers, &c. Penalties for dis-
orderly conduct.

17. Collector to be sworn. If not present, to be
summoned. Upon refusal or neglect, new
election.

18. Vacancies in offices, how filled.

19. Officers of Protestant Episcopal Societies.
20. Objects for which a socioty may raise
money.

21. Taxes to be assessed on property.

22. Corporations not to be taxed, nor trus-
tees, &c.

23. Societies may appoint treasurers collect

ors, who shall have power of town collect-
ors; may abate upon prompt payment.
24. Unincorporated societies may hold, &c., do-
nations.

25. Trustees may be appointed; term of office,
regulations for their government.

26. "Religious society," &c., includes parish.
27. Proprietors of churches, &c., may organize
and have corporate powers.

28. Amount of estate which may be held.

SECTION

29. Clerk to leave copy of record of organization with town clerk, &c., or organization to be void.

30. Proprietors of churches, &c., may assess
for alterations, repairs, &c.

31. How proprietors' meetings may be called.
32. Assessment and collection of money.
33. Notice when pews are sold by treasurer.
34. Affidavit of notice of sales made evidence.
35. Proprietors may take down pews to alter
churches, &c. Proceedings in such case.
36. Parishes and societies may take down pews
or sell their house.

37. No compensation when church is unfit for

use.

38. Pews personal estate. Dower, &c.
39. Pews in churches erected since March 25,
1845, may be assessed for support of public
worship.

40.

and in churches erected before that time, by consent or vote of two-thirds.

41. Pews to be purchased in such case at an appraisal.

42. Societies complying with preceding sec tions to have powers, &c.

43. Trustees of Methodist Episcopal Societies may organize and become corporations. 44. Powers of trustees. Annual income not to exceed $4000.

45. First meeting, how called. Organization. Secretary to be sworn.

46. Copy of record of organization to be left with town clerk, or organization to be void.

Religious socie- SECTION 1. Every religious society established or organized by virties to be bodies tue of any statute shall be and continue a body corporate with the powexisting powers given to corporations by chapter sixty-eight, and the powers, priviR. S. 20, $$ 1, 19. leges, liabilities, and duties, set forth in this chapter; but this chapter shall not enlarge nor diminish the powers of taxation enjoyed by any religious society by virtue of a special law or act of incorporation, nor impair existing rights of property of any territorial parish.

21.

rights, &c., of.

R. S. 20, §2.

Churches to

&c.

R. S. 20, §3.

SECT. 2. Religious societies, whether corporate or unincorporate, shall continue to have and enjoy their existing rights, privileges, and immunities, except so far as the same may be limited or modified by the provisions of this chapter.

SECT. 3. The respective churches connected and associated in public have privileges, worship with such religious societies shall continue to have, exercise, and enjoy, all their accustomed privileges and liberties respecting divine worship, church order, and discipline, and shall be encouraged in the peaceable and regular enjoyment and practice thereof.

16 Mass. 488. 10 Pick. 172. 5 Cush. 412.

Societies not in

corporated may

organize, &c.

powers may

be revoked.
R. S. 20, §§ 26,
29.

6 Met. 448.

First meeting, &c., how called.

28.

6 Met. 448.

See §§ 13, 31.

SECT. 4. A religious society that is not incorporated, or which may be unable to assemble in the usual manner, if it contains ten or more qualified voters, may organize and become a corporation with the powers, privileges, duties, liabilities, and requirements of such societies, and may hold so much estate, real or personal, as may be necessary for the objects of such organization, and no more; but all the powers derived from such organization may be revoked by the legislature.

SECT. 5. Any justice of the peace for the county in which such soci R. §. 20, §§ 27, ety may be, upon application in writing by five or more of the qualified voters thereof, may issue his warrant directed to some one of the applicants, stating the objects, and requiring him to warn the qualified voters of the society to meet at a time and place appointed in the warrant and the same may be served by posting an attested copy thereof on the principal outer door of the meeting-house, or leaving such copy with or at the last and usual place of abode of such voters, seven days at least

before such meeting; and, upon due return thereof, the same justice or any other justice of the peace for the county may preside at the meeting for the choice and qualification of a clerk, who shall enter at large upon the records of the society the proceedings had in the organization thereof; and the society may thereupon proceed to choose a moderator and do such other things as parishes are by law authorized to do at their annual meetings: provided the subject matter thereof is inserted in the warrant.

17 Mass. 347.

SECT. 6. Persons belonging to a religious society shall be held to be Membership. members until they file with the clerk a written notice declaring the RS20,947 dissolution of their membership, and they shall not be liable for grant or contract thereafter made or entered into by such society. person shall be made a member of such society without his consent writing.

any 5 Pick. 498. Νο 21 Pick. 148. 5 Met. 73.

13 Pick. 111.

in

8 Cush. 267.

regulate admis

SECT. 7. Every religious society may make by-laws not repugnant Societies may to the laws of the commonwealth, and therein prescribe the manner in which persons may become members.

SECT. 8. No person shall have a right to vote in the affairs of such society unless he is a member thereof.

sions.
R. S. 20, § 5.

Who may vote.

R. S. 20, § 6.

officers.

R. S. 20, § 7. 1 Cush. 149.

1852, 175, § 1.

SECT. 9. The qualified voters of every parish and incorporated reli- Annual meetgious society, and of every society organized according to the provisions ing. Choice of of this chapter, shall hold an annual meeting in the month of March or April, or at such other time as they may prescribe by their by-laws, and if the by-laws do not otherwise determine at a time and place appointed by their assessors or standing committee; and at such meeting shall choose a moderator, clerk, two or more assessors, a treasurer and collector, and such other officers as they think necessary, all of whom, except the moderator, shall continue in office till the next annual meeting and till others are chosen and qualified in their stead. SECT. 10. Moderators of meetings held for the choice of officers Moderator, shall be elected by written ballots. Clerks, assessors, treasurers, and collectors, shall be elected by written ballot and shall be sworn. officers may be elected in such mode as the society may determine. SECT. 11. The prudential affairs of such societies shall be managed Prudential afby their assessors or a standing committee specially appointed for that fairs, by whom purpose; and the assessors or committees shall have like authority for R. S. 20, § 14. calling meetings as selectmen have for calling town meetings.

Other

clerk, &e, how
chosen, &c.
R. S. 20, § 7.
1838, 46.

1 Cush. 149.

managed.

may call meet.

SECT. 12. If there are no assesssors or committee, or if they unrea- When justice sonably refuse to call a meeting, any justice of the peace for the county, upon the application of not less than five qualified voters, may call one in the manner provided in section five.

R. S. 20, § 17.

3 Pick. 242.
6 Met. 448.
8 Met. 301.
4 Cush. 476.

SECT. 13. The assessors or committee, shall insert in the next warrant they issue for calling a meeting any matter which not less than five warrant, what qualified voters of the society in writing request. Nothing acted upon to contain, de shall have any legal operation, unless the subject matter thereof was 9 Pick. 97. inserted in the warrant.

SECT. 14. Meetings shall be warned in the manner provided by any by-law or vote of the society, and when no provision is made, in such manner as the assessors or standing committee in their warrant for such meeting direct.

warned.

&c.

Meetings, how
.5. 20, § 8.
7 Greenl. 426.

Clerk, &c.

sworn.

SECT. 15. The clerk, or if there is no clerk or he is absent, the assess- Who to preside. ors or the standing committee, or any one of them, shall preside in the officers, how choice of a moderator; and a clerk may then be chosen, either pro 20, $$ 9, 10. tempore or to fill the vacancy, as the case may require. The moderator 5 Mass. 427. may administer the oath of office to the clerk; and the clerk to the 6 Greenl. 448. assessors and collector; or said oaths may be administered by a justice of the peace; and they shall be substantially the same as are required to be taken by the clerk, assessors, and collectors, of towns.

Moderator's

SECT. 16. The moderator shall have the same power as the modera- powers, &c.

duct.

Disorderly con- tor of a town meeting; and persons guilty of disorderly behavior at a meeting shall be subject to the penalties and punishments provided for like offences in town meetings.

R. S. 20, § 11. 16 Mass. 385.

Collector.

R. S. 20, §§ 12, office, he shall forthwith be sworn.

13.

Vacancies in of

fices, how filled.

R. S. 20, § 15.

Officers of Prot

estant Episco

pal Societies. 1858, 116.

Objects for

may raise money.

R. S. 20, § 18.

1 Mass. 181.

5 Mass. 547.

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SECT. 17. If the person chosen collector is present and accepts the If not present, he shall be summoned to take the oath by a constable or any person whom the clerk or assessors may appoint for the purpose. Upon the refusal or neglect of a person present to accept the office at the time, and upon the neglect of a person so summoned, for the space of seven days, to appear and take the oath, the society shall proceed to a new choice; and so from time to time until some person accepts and is sworn.

SECT. 18. Vacancies in any of the annual offices, occurring after the annual meeting, may be filled at any other legal meeting.

SECT. 19. The rector or one of the wardens of religious societies belonging to the body of christians known as the Protestant Episcopal Church, organized under the laws of the commonwealth, may, unless it is otherwise provided in some by-law, preside at their meetings with all the powers of a moderator; and the wardens or wardens and vestry may exercise all the powers of a standing committee in accordance with the usage and discipline of said church. Unless they assess or collect a tax on the polls, estates, or pews, of the members thereof, such soci eties need not choose a collector .or assessors; and they may in their by-laws provide, that the duties of assessors shall be performed by the wardens. But the officers upon whom the duties of standing committee or assessors may devolve shall in all cases be elected by ballot.

SECT. 20. The qualified voters of each religious society, at the annual which a society meeting or at any other meeting regularly notified seven days at least before the holding thereof, may grant and vote such sums of money as they judge necessary for the settlement, maintenance, and support, of ministers or public teachers of religion; for the building or repairing of houses of public worship; for sacred music; for the purchase and preservation of burial grounds; and for all other necessary parish charges; which sums shall be assessed on the polls and estates of all the members of the society, in the same manner and proportion as town taxes are by law assessed.

10 Pick. 500. 5 Met. 73.

8 Cush. 267.

Taxes to be as

erty.

R. S. 20, § 30. 1 Cush. 149.

SECT. 21. The assessors shall assess the taxes upon the property (not sessed on prop- exempted by law from taxation) of all the members of the society, including their real estate within the state, in whatever part thereof it may be situated, and their personal estate wherever the same may be; and no citizen shall be liable to pay a tax for the support of public worship or other parish charges, to a society other than that of which he is a member.

Corporations, &c., not to be taxed, &c.

R. S. 20, § 20. 1848, 164, § 1.

Societies may

appoint treasurers collectors.

may abate upon prompt payment.

R. S. 20, §§ 23,

24.

SECT. 22. No corporation shall be taxed for any parochial purpose. Nor shall any person be taxed in a parish or religious society for property held by him as guardian or trustee.

SECT. 23. Every society may appoint its treasurer collector of taxes; who shall have like powers and proceed in like manner, in enforcing the collection of such taxes after the expiration of the time fixed by the society for the payment thereof, as provided in chapter twelve for the collection of taxes by collectors of towns; and any society may authorize its treasurer and collector to make an abatement of such sum as it may agree upon at its annual meeting, to those who make voluntary payment of their taxes within such periods as may be determined by the society. SECT. 24. Unincorporated religious societies shall have like power hold, &c., dona- to manage, use, and employ, any donation, gift, or grant, made to them, according to its terms and conditions, as incorporated societies have, by law; may elect suitable trustees, agents, or officers therefor; and sue for any right which may vest in them in consequence of such donation, gift, or grant; for which purposes they shall be corporations.

Unincorporated

societies may

tions.

R. S. 20, § 25.

5 Met. 160.

8 Met. 154.

be appointed;

their govern

SECT. 25. Incorporated and unincorporated religious societies may Trustees may appoint trustees, not exceeding five in number, to hold and manage trust term of office; funds for their benefit, who shall hold their offices five years and until regulations for others are appointed in their stead, with power to fill vacancies for an ment. unexpired term occurring in their board. Such societies at or before 1853, 389, § 1. the time of the first appointment of the trustees may establish rules and regulations for their government, which shall be considered as of the nature of a contract, and not subject to alteration or amendment except by all the trustees in office at the time and by a two-thirds vote of the society interested therein.

SECT. 26. The terms "religious society" and "society" in the preceding sections shall include parishes.

SECT. 27. Persons owning or proposing to build a house of public worship may organize themselves in the same manner as religious societies are authorized to do by the provisions of this chapter; and shall thereupon become a corporation with the powers, privileges, duties, restrictions, and liabilities, set forth in chapter sixty-eight, and in the following sections; but all the powers derived from such organization may be revoked by the legislature.

"Religious society," &c., includes parish. Proprietors of churches, &c., may organize and have corporate powers. 1840, 62, $51, 2. See § 29.

be held.

SECT. 28. Every such corporation may hold so much real and per- Amount of essonal estate, in addition to its meeting-house, as may be necessary for its tate which may objects, and as has been agreed and determined on at the meeting held 1840, 62, § 3. for the purpose of organization; and the annual income thereof shall be applied to parochial purposes.

with town

SECT. 29. The clerk of every such corporation shall, within ten days Clerk to leave of such meeting, leave with the clerk of the town or city in which such copy of record house of worship is situated, or is about to be built, a true copy of the clerk, &c. record of the proceedings. If he fails so to do, the organization shall 1610, 62, § 4. be void. The copy shall be recorded by the clerk receiving it in a book kept for the purpose, for which he shall receive the fee of the register of deeds for like services.

a

alterations, repairs, &c.

may assess for

SECT. 30. When the proprietors deem it expedient to alter, enlarge, Proprietors repair, rebuild, or remove, their house, or build a new one, they may, at legal meeting called for that purpose, raise such sums of money as they may judge necessary for the purpose, and to purchase land necessary therefor.

SECT. 31. A meeting of the proprietors for any of the purposes aforesaid, may be called in the manner prescribed in the by-laws or votes of the corporation, or by a warrant granted by a justice of the peace on application in writing by any five of said proprietors, which warrant shall be directed to one of the applicants; or such meeting may be called by a notification by the clerk of the proprietors, who shall warn a meeting on a like application to him; and in either case the meeting may be warned by notification served as provided in section five.

R. S. 20, § 31.

How proprie

tors' meetings may be called.

8 Met. 301.

9

R. 5. 20, $ 35.
Cush. 508.

and collection

See § 39.

SECT. 32. Money raised may be assessed on the pews in such house, Assessment and the assessment may be committed to the treasurer of the proprie- of money. tors, who shall forthwith give notice by posting up an advertisement at R. S. 20, § 32. the principal outer door of the house, stating the completion of such assessment and the day of delivery thereof to him; and if any part of said taxes remains unpaid for three months afterwards, the treasurer shall collect the same forthwith by sales at public auction of the pews whereon the same remains unpaid, in the manner provided in the following sections.

pews are sold

SECT. 33. The treasurer shall post up a notification of the intended Notice when sale of a pew for taxes at the principal outer door of such house, at by treasurer. least three weeks before the time of sale, setting forth the number of K. S. 20, § 33. the pew, if any, the name of the owner or occupant, if known, and the amount of the tax due thereon; and if any part of said tax remains un

See § 39.

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