: C.I Cornell University Law Library The Moak Collection PURCHASED FOR The School of Law of Cornell University And Presented February 14, 1893 IN nenoRY of JUDGE DOUQLASS BOARDMAN FIHST DEAN OF THE SCHOOL By his Wife and Daughter A. M. BOARDMAN and ELLEN D. WILLIAMS 'c Cornell University Library KFN5705.S67 Laws o( the state of New m,^^^^^ 3 1924 022 868 255 QJornpll Cam irlynnl SItbraty Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/cletails/cu31924022868255 / jaWt-'-l-r^", ' W.lCHAa"rEB'B«. ■ ■ - M..' jUapiottoam^Mection three of th&pter slxtT'oI , ihe l&wg ot eigftteisn' hundraa ' and thtrtee'u, enti- ■ 1 tied ''An aottd provid* tor [lie incorporation o£ ri- llgiouB aociettee." Approved by the Quveruor March 2». J890. I*a'BSd,(;hrje-flftns being present, Tbe Feoplo of tih^ Staie of Nevr Vork, repreaeuted : in Senate and Aesombly, do enact ai folio elect any number of discreet persons of their church, congregation or society, not le.s8 than three hoi^ exceeding nine in number, aa trustees, to take the charge of the estate and property belonging thereto, and to transact all alfairs relative to the temporalities thereof; and that at such election every person of full age who has statedly worshipped with suou church, cohgregati in^ or society, and nas {ormerly been considered as.bslcnging tbei'eto, shall b^ entitled to vote, and the said election ahali ^ eonduoted as follows: The nyinister of suoh church, congregation or society, or in case of his . death or abseiice, i one of the eld- eri or deacbna, church, wardena or vestrymen thereof,. and.for want of suoh offlp'srs, any other persoa being a member or stated hearer in such cntlrch, congregation or society, shall publicly notify the congregation of tiie time when and place Wfaere the said election shall be held, at lease fifteen '^nyv before the day of election; tbat the sild notitl- >cation shall be given for two successive Sabbaths or days on which ^uch church, congregation or society, shall statedly meet for public worship, pre- ceding the day of election; that on the said day of letecbiontwo of the elders or church wardens, and, U there be no such ofBcers, then two of th,: mem- bera of the said church, congregation or sociiety, to tat) nominated by a majority of the hiembers pTAent, shall preside at such elect on, receive the iTOiea of the electors, be i,he judgea^of the qdaUdca- tiui(s of Buco electors, and the oiHceira to return the game* of the persons, who, by plurality of voic^B-,' shall be elected to serve as .trustees for the qai'd church, congregation or society; and the Said ^returning officers shall immediately thereafter cer- tify, under their hands and seals, the names of the persons elected to serve as trustees for such church, congregation or society, in whicb certificate the name or title by which the said trustees and their iLuccdisora shall forever thereafter be called and ^own, shall be particul^arly mentioned and de- acribljd; which sai4 certificate, being proved or ac- khcwl'-dgad as above directed, shall be recorded as 'foresaid; and such truateea and their sucpa^sora shall ^o thereapon, by virtue of this act, be a body corporate, br the name or ^ title expressed in such oertJflcat«; and the cisrk of every county for re- cording every certificate of incorporation by virtue ^oF^iib apt, shall be entitled to seventy-five cents, fOiad no imore. Any church, cohgregation or relig- ious society, ^eretpf ore or hereafter incorporated under the provisions of this section, and acting or existing in cpnnection and fellowship with the Congregational denominatioo, may, at any regular annisal meeting thereof, change tlie qualifi-' cations of the members and voters of such society, by prescrilsing tliat all elections, resolutions and I votes shall be deternuned by a majority of the mem- bers of the church in good and regular standing, ac- I bprding to its rules, usakes and discipline, and of fiil) age, present and voting, provided that notice of the intention to consider br mali:e such change shall haye be^h given in the notice of, such annual meet- ly. Sitch change, however, shall not be deeined to impair or affect the ideuliity, property or other rigutsor the p0<^erg or obligations of the corpora- tion or society as existing up, to the time of the adoption of suoS change. ' , , > Sec. 2,. This act jhall take effect immfdiateljr. SriTS or ■ New If obKi'OJ'J'ioe . of thi ' Sso«hTabt Of SxATB, SB.: I have C9mpar*Ctb« xpr^ceding wftb the original law oh file ih this p{(lce, and: do, hereby, certify t.iBt the same is a corrnct, tljflmcript.therB- ' ftpm and of the whole of sftH/ijrigiBjjJ law. ', J i,! , ■ \ FJBANK itip,|;„Bflcrptary of >St#. EELIGI0U8 C0RP0BATI0N8. LAWS OF THB STATE OF NEW YORK KBLATING TO r EELI6I0U8 CORPORATIONS ALSO, THE ACT AUTHORIZING THK INCORPORATION- OF BENEVOLENT, CHAKITABLE, SCIENTIFIC AND MISSIONAEY SOCIETIES; TOGETHER WITH THE STATUTES RELATING TO BURIAL GROUNDS AND CEMETERIES. Wxi^j ifotfs of Jttbidal gmsions, BY WILLIAM L. MYDEE, COUNSELOR AI LA'STi NEW YOEK: BAKER, VOORHIS & CO., LAW PUBLISHERS, 66 NASSAU STREET. 1879. Entered^ according to Act of OoagreBS, in the year eighteen hundred and seTenty-i^ne, by BAEER, Y00RHI9 ft CO., In the Office of the Librarian of Congress, at Washington. PREFACE. The following pa^es contain the laws of the State of New York, of a public and general character, now in force, relating to Keligious Corporations ; the Act Authorizing the Incorporation of Benevolent, Charitable, Scientific and Missionary Societies, with all the amendments; the various statutes relating to Burial Grounds, Cemeteries, and Cemetery Associations ; with Notes of Decisions, arranged in connection with the acts and sections which have been judicially considered. The object of the work is to present a concise manual of the law in force, governing the subjects referred to, now scattered through numerous volumes of reports and session laws, covering a period of more than half a century, and practically inaccessible to the greater part of the community. During the colonial period there was no general law authoriz- ing the incorporation of religious societies. Special charters under the great seal of the colony of New York were occasionally granted to particular organizations. The growth and develop- ment of religion was hindered in consequence of this illiberal policy to the injury of society. Persons were not disposed to endow institutions having no legal existence, and refrained from making substantial contributions for the support of the gospel, when there was no particular body or individual authorized by law to administer their pious offerings. The spread of immo- rality, consequent upon this state of affairs, is recognized by the Legislature in the preamble of the act of 1693 (Laws, chapter 36), authorizing the assessment of a tax for the support of the minis- try. The language employed is as follows : " Whereas profane- ness and licentiousness has of late overspread this province, for Tvant of a settled ministry throughout the same, to the end that IV PREFACE. the same may be removed and tlie ordinances of God duly admin- istered: Be it enacted, &c." No general statute was, however, enacted under which a church could be incorporated, until after the colonies had declared their independence. On the 6th of April, lYSl, the first general act was passed which contained pro- visions similar in nearly all respects to the act of 1813, now in force. This act was retained, with some modifications, in the first revision of the statutes in 1801. (Kent & Radcliff's Laws, vol. I, p. 336, ch. Y9.) It was re-enacted with some additional provis- ions on the 5th of April, 1813, and remains in force at the present time. The statute law of this State, therefore, on the subject of re- ligious corporations, is embraced in the act of 1813, and the acts amendatory thereof and supplemental thereto which have since been passed. These I have collected and arranged as follows : The act of 1813 contains sixteen sections, which fall practically under three heads; relating, first, to the Protestant Episcopal Church; second, to the Protestant Eeformed Dutch Church; and, third, to all other churches. Following this order I have put section one, with its amendments, into chapter one ; section two, with its amendments, into chapter two ; and the remainder of the act, together with the supplemental laws creating new. general provisions which relate to parsonages, taxation, change of corporate name, the consolidation and dissolution of religious societies, and the laws concerning the disturbances of religious meetings into chapter three. The acts authorizing the organiza- tion of particular churches, governing bodies, and free churches are grouped in chapter four. Chapter five contains the statute relating to benevolent and missionary societies ; and chapter six the law concerning burying grounds and cemeteries. Where a statute amends different sections of the act of 1813, the sections of the amending act have been separated, and placed under the par- ticular section amended. For example, chapter 122, Laws of 1850, contains three sections. Section one relates to the filing of an in- ventory, and is placed under section ten of the act of 1813, which relates to inventories. Section two provides for the acquisition of temporalities for the purpose of increasing facilities for public PREFACE. V worship, and.is placed accordingly under section four of the act of 1813, which treats of temporalities. Section three confers power upon religious societies to acquire lands for cemetery purposes, and is placed in chapter six, which relates exclusively to that sub- ject. I have been careful in every instance where an act is thus separated to cite over the section the laws and chapter from which it is taken, with a reference below indicating where the other sec- tions of the act will be found. The index also contains a table showing the page where every section of an act appears, A perusal of these pages will suggest the difficulty of arrang- ing the mass of statutes which have been passed, in a proper, logical, or systematic form. In view of the value of property held by the various religious and benevolent societies throughout the State, the laws by which it is secured become important. If, in -placing these in the hands of persons having the custody and care of responsible trusts, I shall lighten their labors or save time which would otherwise be spent in tedious research, I shall feel that my efforts have not been in vain. WILLIAM L. SNTDER. •t ' September, ISM. 120 Bboadwat, N. T., ) TABLE OF CONTENTS. PAGE. Preface iii Index to Cases Cited ix Titles of Acts 1 Constitutional Provisions 8c CHAPTER I. Of the Protestant Episcopal Church. Mode of Incorporation — Notice of Meeting — Presiding Officer — Voters and their Qualifications — Elections — Certificates of Incorporation — Trustees — Annual Elections — Meetings of Trustees — Vestrymen — Churches Incorporated by Special Charter — Corporations Confirmed 9 CHAPTER II. Of the Reformed Protestant Dutch Church.* Trustees — Certificates of Incorporation — Temporalities — The True Reformed Dutch Church in the United States of America — The Second Reformed Dutch Church in the City of Al- bany — Provisions respecting Act made General — Change of Name — Change of Rules as to Elections 17 CHAPTER III. Of Religious Corporations in General. Elections of Trustees — ^Voters — Elections, how Conducted — ^Fe- males — General Rights and Powers of Corporation — Cer- tificates — General Powers of Trustees— Uses and Trusts — Actions — Associate Churches — Parent Society — Free Churches, Schools, Dispensaries and Hospitals — Income — Pews and Pew-Holders — ^Devises and Bequests — Trustees, their Rights and Duties — Terms of Office and Elections — Temporalities — Courts of Equity — Annual Meetings — Qual- ification of Voters — Elections — Clergymen — Inventory — * The corporate title of the General Synod of the Reformed Protestant Dutch Church, was changed, in 1869 (Laws, chap. 197), and is now known and designated as '* The General Synod of the Reformed Church in America." Vill TABLE OF CONTENTS. - PAGE. Sales of Church Property — Dissolution ; Re-Incorporation — Trustees of Methodist Church New York City — Act of 1813 Extended — Parsonages — Taxation and Exemption — Change of Name — Consolidation of Churches — Dissolu- tion — Disturbance of Religious Meetings 33 CHAPTER IV. Of Pasticdlar Churches, Free Churches, and GovERNiNa Bodies. Roman Catholic Church — Greek Church — ^Reformed Presbyterian Church — Baptist Church — Friends — Shakers — Free Churches — Governing Bodies; General Act — Presbyteries — Synod Reformed Dutch Church — Presiding Elder's Dis- trict — Camp-Qround Associations 75 CHAPTER V. Of Benevolent, Charitable, Scientific, and Missionary Societies. Mode of Incorporation — Certificates — Other Societies under the Act — General Powers of Societies — Trustees — Elections — Re-Incorporation — Services of Directors to be Gratuitous — Leases, Sales and Mortgages of Property 98 CHAPTER VI. Of Burial Grounds, Cemeteries and Cemetery Associations. Burial Grounds of Religious Corporations — 'When Lands cease to be used for Cemetery — Removal of Human Remains — Right of Burial — Sales and Mortgages of Cemetery Lands — When Judgments become Leins Against — Rural Cemetery Asso- ciations — Mode of Incorporation — May hold Land, and take Property — Elections of Trustees — Terms of Office of — Qual- ifications of Electors and Trustees— Annual Reports — Lots and Maps — Trespassing — Association may hold Property in Trust — Exemption — ^Lots, when and how Sold — Rules and Regulations — Certificates of Indebtedness — Certificates of Stock — Taxations of Lots — Lots to be Registered — Vacant Lots — Conveyances to, from Religious Corporations — Cem- eteries in Counties of Westchester, Kings and Queens — Cemeteries in Incorporated Villages — Cemeteries in Towns — Private and Family Cemeteries— Graves Protected— When Removal of Remains a Felony — Removing Flowers and Memorials when a Misdemeanor 107 Appendix 137 Index 139 INDEX TO CASES CITED. [The figures refer to the pages.] Abemethy v. The of Soc. Church of the Puritans, 37, 38. Alexander Presbyterian Church v. Fifth Av. Presbyterian Church, 84. All Saints Church ». Lovett, 33, 39. Atchinsou v. Spencer, 72. B Baptist Church in Hartford v. With- erell, 24, 26, 30, 37, 38, 48, 49. Bascom «. Albertson, 30, 31. Beach v. Allen, 53. Beckett «. Lawrence, 71. Bigelow «. Stearns, 73. Bogardus ®. Trinity Church, 37, 53. Bowden v. McLeod, 26, 31, 49, 55. Bowen a. The Irish Presbyterian Church, 26, 53, 56. Brockway v. Allen, 48. Bronson v. St. Peter's Church, 37, 38. Buffalo City Cemetery v. City of Buf- falo, 116, 117. Bundy v. Birdsall, 31, 40. Burrell v. Associate Keformed Church, 26, 31, 49. Canameyer v, G-erman Lutheran Ch., 4Edw. Ch. 233.. 49. Cammeyer ■». United German Lutheran Churches, 2 Sand. Ch. 308 . 40, 46. Chatfleld v. Frye, 72. Chegaray «. Jenkins, 63. Chegaray v. The Mayor, 63. Christie v. Gage, 26, 35, 54, 56. Church of Redemption v. Grace Church, 30, 34, 37. Congregation Beth Elohim v. Central Presbyterian Church, 26,53, 56. Congregation ^of Shaarai Sephila v. The Mayor, 63. Connitt v. Reformed Protestant Dutch Church, 48. Constant v. Rector of St. Albans Church, 25, 40, 48. Cooper V. First Presbyterian Church of Sandy Hill, 37, 38. D De Ruyter b. St. Peter's Church, 53, 55. Diefifendorf v. Reformed Calvinistic Church, 49. t)unn V. Rector St. Andrew's Ch., 48. Dutch Church in Garden Street v^ Mott, 26, 53, 66. Dutch Church of Albany v. Bradford, 48. E Ebaugh V. German Reformed Churchy 25. Farrell v. Warren, 72. Field D. Field, 25, 26, 31, 49. First paptist Church of Ithaca «. Bigelow, 38. First Baptist Church in Schenectady V. S.&T.B.R. Co. 38,71. First Baptist Church in Schenectady V. U.&S. R. R. Co. 33, 71. First M. E. Church of Attica ». Fil- kins, 40. First Soc. M. E. Church v. Brownell, 59. Foster v. Smith, 73. Freleigh v. Piatt, 37. G German Reformed Church *. Busche,. 41, 49. Gram ®. The Prussia, &c. German So- ciety, 26. Green v. Oady, 40. Groesbeck v. Dunscomb, 31, 55. H Habicht v. Pemberton, 101. Harlem Presbyterian Church v. The- Mayor, 63. Harris «. American Bible Society, 38. Hartt ». Harvey, 39, 40, 47. Henney v. St. Peter's Church, 87, 38. Humbert v. St. Stephen's Church, 13,. 48. Humbert v. Trinity Church, 37. Jackson ». Nestles, 39, 40. Jackson v. Leggetf, 32. K Kniskem v. Lutheran Churches, 24,. 26, 31, 49. INDEX TO CASES CITED. JLaw of Burial, 4 Brad. Surr. R. 108. Laight St. Bap. Oh. v. Noe, 26, 33,40. Landers n. Frank St. Church, 48. Lantz V. Buckingham, 54, 110. Lawyer v. Cipperly, 41, 48, 49. Leary's Estate, 38. Lovett V. German Reformed Ch., 25. M McMahon v. Rauhr, 102. Madison Avenue Baptist Church v. Baptist Church in Oliver Street, 2 Abb. Pr. N. S. 254.. 25 V. , 73 N. Y. 83. .53,54. D. , 46 N. Y. 131.. 40, 53, 54. Manning v. Moscow Presbyterian Soc, 54. Marks v. The Congregation Darrich Amuno, 25. Matter of Brick Presbyterian Church, 37, 55, 116. Matter of Reformed Butch Church in Saugerties, 38, 40, 54, 55. Matter of Reformed Presbyterian Church, 116. Matter of Second Baptist Society, 53. Matter of South Baptist Society, 54. Matter of St. Ann's Church, 40, 54. Miller «. Gable, 26, 31. M. E. Union Church ®. Pickett, 33, 39. Montgomery v. Johnson, 38. Moore T. Rector St. Thomas', 14, 40, 54, 56. N North Baptist Ch. ji. Parker, 40, 41. P Paddock ». Brown, 32, 48. Parish of Belleport «. Tooker, 39, 40. People t>. Benevolent Society, 25, 101 People V. Brown, 71. People v. Cook, 47. People V. Parrington, 39. People 1). Franciscus Benevolent Soci ety, 101. People V. Fuller, 72. Peoples. Fulton, 36, 31, 32. People J). German Church, 25, 101. People D. Hulbert, 25. People V. Lacoste, 39, 47. People V. Medical Society, 101. People v. Nelson, 98. People v. Peck, 47. People V. Phillips, 46. People V. Rector Church of Atone- ment, 14, 39. People 1). Runkle, 33, 40, 46. People V. Steele. 26, 41,48, 49. People V. The Mayor, 26, 39, 63. People V. Tuthill, 46. People V. White, 41, 46. Petf^ V. Tooker, 36, 31, 46. Presbyterian Society v. Beach, 30. Protestant R. D. Ch. «. Bogardus, 53. R Rector, &c. v. Crawford, 34. Reformed Church v. Schoolcraft, 34. Reformed Dutch Church v. Veeder, 30, 32. Reformed Presbyterian Church ». Brown, 30. Religious Society s. Stone, 49. Richards ». The Northwest Ch.,116. Robertson «.Bullions,24,26, 30, 41,48. S Shaw V. Beveridge, 38. South Baptist Society of Albany v. Clapp, 54, 56. St. Paul's Church v. Ford, 38. Trustees M. E. Church ». Stewart,101. Trustees South Baptist Churcli v. Yates, 30. Trustees, &c. ■». Quackenbnsh. 38. Trustees, Vernon Society v. Hills, 39. Tucker®. Rector St. Clements Church, 30, 31, 49. V Vail 0. Owen, 63. Vielie v. Osgood, 38. Voorhees s. Presbyterian Church in Amsterdam, 30, 87, 38. W Walker v. Wainwright, 48. Wall B. Lee, 71. Warden St. James Church v. Rector Church of the Redeemer, 54. Watkics V. Wilcox, 12, 18, 20, 31, 39, 46, 49, 56. Wheaton v. Gates, 33, 37, 55. White ». Miller, 31, 33, 40. White V. Trustee First Society M. E. Church, 37. Williams «. Williams, 30, 31. Windt V. German Ref 'd Ch., 55, 116. Woodworth v. Payne, 26, 54. Wyatt B.Benson, 26,39,40, 53, 54, 55. Youngs B. Ransom, 13, 48, 49. TITLES OF THE ACTS CITED AND REFERRED TO IN THE FOLLOWING PAGES. 1813. CHAP. 60. An Act to provide for the incorporation of re- ligious societies. Passed April 5, 1813. 1814. CHAP. 1. An Act to alter the name of the corporation of Trinity Church in New York, and for other purposes. Passed January 25, 1814. 1819. CHAP. 33. An Act to amend the act entitled "An act to- provide for the incorporation of religious societies." Passed March 5, 1819. CHAP. 110. An Act to incorporate the General Synod of th& Reformed Protestant Dutch Church. Passed April 17, 1819. 1822. CHAP. 187. An Act supplementary to the act entitled "An act to provide for the incorporation of religious societies," passed April 5, 1813. Passed April 12, 1822. 1825. CHAP. 303. An Act to amend an act passed April 5, 1813,.' entitled "An act to provide for the incorporation of religious societies." Passed April 21, 1825. 1 826. CHAP. 47. An Act to amend an act entitled "An act to provide for the incorporation of religious societies," passed April 5, 1813. Passed February 15, 1826. 1834. CHAP. 78. An Act to amend article seventh, title eighth,. chapter twentieth, part first of the Eevised Statutes, entitled " Of the disturbance of religious meetings." Passed April 8, 1834. 1835. CHAP. 90. An Act to amend the charter of the minister, elders and deacons of the Second Protestant Reformed Dutch " Church in the city of Albany. Passed April 15, 1835. 1839. CHAP. 174. An Act in relation to certain trusts. Passed April 15, 1839. CHAP. 184. An Act in relation to trusts for the benefit of the meetings of the religious society of Friends. Passed April 17, 1839. 1842. CHAP. 153. An Act concerning ' the acquisition of burial places by religious corporations in the city of New York. Passed April 11, 1842, by a two-thirds vote. y TITLES OF ACTS. 1842. CHAP. 215. All Act ia relation to burying grounds. Passed April 11, 1842. 1844. CHAP. 158. An Act to amend an act entitled "An act to provide for the incorporation of religious societies," passed April 5, 1813. Passed April 16, 1844, by a two-thirds vote. 1845. CHAP. 195. An Act in relation to stocks in moneyed corpo- rations held by the State or by literary or charitable institu- tions. Passed May 13, 1845. 1847. CHAP. 133. An Act authorizing the incorporation of rural cemetery associations. Passed April 27, 1 847. CHAP. 209. An Act in relation to cemeteries in incorporated villages. Passed May 7, 1847. CHAP. 464. An Act to authorize persons to change their names. Passed December 14, 1847. 1848. CHAP. 319. An Act for the incorporation of benevolent, charitable, scientific and missionary societies. Passed April 12, 1848. 1849. CHAP. 273. An Act to amend "An act for the incorporation of benevolent, charitable, scientific and missionary societies," Passed April 7, 1849. CHAP. 373. An Act to amend " An act in relation to certain trusts," passed April 15, 1839. Passed April 11, 1849. 1 850. CHAP. 122. An Act to amend the act entitled "An act to pro- vide for the incorporation of religious societies," passed April 5, 1813, and the several acts amendatory thereof. Passed March 30, 1850. 1851. CHAP. 544. An Act to incorporate academies and high-schools in this State. Passed July 11, 1851. 1852. CHAP. 280. An Act further to amend the act entitled " An act authorizing the incorporation of rural cemetery associa- ations," passed April 27, 1847. Passed April 14, 1852. CHAP. 282. An Act defining the exemptions from taxation on public building in the city of New York. Passed April 14, 1852. 1853. CHAP. 323. An Act to authorize religious corporations to change their names. Passed June 4, 1853. CHAP. 487. An Act to amend chapter three hundred and nineteen of the Laws of eighteen hundred and forty-eight, entitled "An act for the incorporation of benevolent, chari- table, scientific and missionary societies," passed April 12, 1848. Passed June 30, 1853. 1854. CHAP. 50. An Act to authorize the mortgaging of real estate of benevolent, charitable, scientific and missionary societies. Passed March 8, 1854. TITLES OF ACTS. o 1854, CHAP. 112. An Act for the incorporation of private and fam- ily cemeteries. Passed April 1, 1854. CHAP. 218. An Act for the incorporation of societies to estab- lish free churches. Passed April 13, 1854. CHAP. 238. An Act to amend an act passed April 14, 1852, entitled " An act further to amend the act entitled ' An act authorizing the incorporation of rural cemetery associa- tions,' " passed April 27, 1874. Passed April 15, 1854. 1860. CHAP. 80. An Act to amend chapter four hundred and sixty- I four of the Laws of eighteen hundred and forty-seven. Passed March 17, 1860; three-fifths being present. CHAP. 163. An Act to amend the act entitled " An act au- thorizing the incorporation of rural cemetery associations," passed April tvrenty-seventh, eighteen hundred and forty- seven. Passed April 5, 1860. CHAP. 242. An Act for the incorporation of fine art associa- tions, and to amend " An act for the incorporation of benev- olent, charitable, scientific and missionary societies," passed April twelfth, eighteen hundred and forty-eight. Passed April 10, 1860. CHAP. 360. An Act relating to wills. Passed April 13, 1860. 1861. CHAP. 58. An Act to authorize the leasing or sale and con- veyance of the real estate of benevolent, charitable, scientific, missionary societies and orphan asylums. Passed M^rch 19, 1861. CHAP. 239. An Act to amend an act entitled "An act to amend an act entitled 'An act to amend an act for the incor- poration of benevolent, charitable, scientific, and missionary societies,' passed April twelfth, eighteen hundred and forty- eight, passed April seventh, eighteen hundred and forty-nine,' passed April seventh, eighteen hundred and fifty-seven." Passed April 15, 1861. 1863. CHAP. 45. An Act supplementary to the act entitled " An act to provide for the incorporation of religious societies," passed April fifth, eighteen hundred and thirteen. Passed March 25, 1863. CHAP. 287. An Act relative to certain religious societies in the city of New York. Passed April 29, 1863. 1865. CHAP. 393. An Act to amend the charter of the Sisters of Charity of St. Vincent de Paul. Passed April 13, 1865. 1866. CHAP. 136. An Act to amend the fourth subdivision of fourth section of first part of chapter thirteen, part first of the Eevised Statutes, in relation to exemption from taxation upon real and personal property of religious and benevolent institutions. Passed March 9, 1866. 4 . TITLES OF ACTS. 1866. CHAP. 414. An Act to amend an act entitled " An act to provide for the incorporation of religious societies," passed April 5, 1813. Passed April 6, 1866. CHAP. 447. An Act relating to Reformed Presbyterian Churches and congregations. Passed April 7, 1866. 1867. CHAP. 206. An Act to incorporate " The Trustees of the Presbytery of New York." Passed March 30, 1867. CHAP. 265. An Act to authorize the formation of corpora- tions to secure parsonages and other property for the use of presiding elders of the Methodist Episcopal Church. Passed April 5, 1867. ■ CHAP. 650. An Act to amend " An act to provide for the incorporation of religious societies," passed April fifth, eighteen hundred and thirteen. Passed April 23, 1867. CHAP. 657. An Act to authorize the erection of free churches ©r chapels in certain cases. Passed April 23, 1867. 1868. CHAP. 273. An Act to incorporate " The Trustees of the Synod of Albany." Passed April 21, 1868. CHAP. 402. An Act to authorize the trustees of incorporated rural cemeteries to impose a tax upon the lot owners in said cemeteries. Passed April 27, 1868. CHAP. 461. An Act to incorporate the Evangelical Lutheran Synod of the State of New York. Passed April 29, 1868. CHAP. 471. An Act for the relief of certain religious socie- ties in the city and county of New York, and in the counties of Kings and Westchester. Passed April 29, 1868. CHAP. 784. An Act to amend an act entitled " An act to au- thorize the formation of corporations to secure parsonages and other property, for the use of presiding elders of the Methodist Episcopal Church," passed April fifth, eighteen hundred and sixty-seven. Passed May 9, 1868. CHAP. 803. An Act to amend the acts to provide for the in- corporation of religious societies, so far as the same relate to churches in connection with the Protestant Episcopal Church. Passed May 9, 1868. 1869. CHAP. 171. An Act to amend "An act to incorporate the General Synod of the Reformed Dutch Church," passed April seventh, eighteen hundred and nineteen, and to enable said synod to hold property to a greater amount. Passed April 14, 1869. CHAP. 727. An Act authorizing cities and villages to acquire title to property for burial purposes, and to levy taxes for the payment of the same. Passed May 8, 1869. TITLES OF ACTS. 5 1870. CHAP. 51. An Act to amend the " Act for the incorporation of benevolent, charitable, scientific and missionary societies," passed April twelfth, eighteen hundred and forty-eight. Passed March 8, 1870. CHAP. 527. An Act to authorize rural cemetery associations to accept conveyances from religious societies and trustees of any grounds held by such societies or trustees for burial purposes. Passed May 2, 1876. CHAP. 760. An Act to amend chapter seven hundred and twenty-seven of the laws of eighteen hundred and sixty-nine, entitled " An act authorizing cities and villages to acquire title to property for burial purposes, and to levy taxes for the payment of the same," passed May eighth, eighteen hun- dred and sixty -nine. Passed May 9th, 1870. 1871. CHAP. 12. An Act supplementary to the act entitled " An act to provide for the incorporation of religious societies," passed April fifth, eighteen hundred and thirteen. Passed January 31, 1871. CHAP. 68. An Act to amend " An act for the incorporation of private and family cemeteries," passed April first, eighteen hundred and fifty-four. Passed March 6, 1871. CHAP. 164. An Act to amend an act passed April fourteenth, eighteen hundred and fifty-two, entitled " An act further to amend an act entitled ' An act authorizing the incorporation of rural cemetery associations,' passed April twenty-seventh, eighteen hundred and forty-seven." Passed March 24, 1871. CHAP. 378. An Act to amend an act entitled "An act au- thorizing the incorporation of rural cemetery associations," passed April twenty seventh, eighteen hundred and forty- seven, and all supplementary acts appertaining thereto. Passed April 8, 1871. CHAP. 401. An Act to incorporate the Synod of Western New York. Passed April 11, 1871. CHAP. 419. An Act to authorize the sale of unoccupied lands of burial ground and rural cemetery associations. Passed April 12, 1871. CHAP. 696. An Act to amend an act entitled " An act to amend chapter seven hundred and twenty-seven of the laws of eighteen hundred and sixty-nine, entitled ' An act author- izing cities and villages to acquire title to property for burial purposes, and to levy taxes for the payment of the same,' passed May eighth, eighteen hundred and sixty-nine," passed May ninth, eighteen hundred and seventy. Passed April 25, 1871. CHAP. 750. An Act to incorporate " The Trustees • of the Estate belonging to the Diocese of Long Island," and to Iffl 6 TITLES OF ACTS. authorize said corporation to acquire and hold land for religious, charitable and benevolent purposes. Passed April 26, 1871. 1871. CHAP. 776. An Act to authorize religious corporations, created by special charter, to exercise the same powers as are given to religious societies incorporated under the gen- eral act to provide for the incorporation of religious societies, passed April fifth, eighteen hundred and thirteen, and the acts amendatory thereof or supplementary thereto. Passed April 27, 1871. CHAP. 883. An Act to amend title four of chapter eighteen of part first of the Revised Statutes, entitled " Special pro- visions relating to certain corporations." Passed May 2, 1871. 1872. CHAP. I04. An Act in relation to trustees and directors of charitable and benevolent institutions. Passed March 12, 1872. CHAP. 424. An Act to provide for the dissolution of religious societies, except in the city and county of New York, and for the sale and disposition of the proceeds of the property of such societies. Passed AprU 27, 1872. CHAP. 534. An Act for the relief of certain religious societies in the county of Kings. Passed May 6, 1872. CHAP. 644. An Act to incorporate the trustees of the pres- bytery of Westchester. Passed May 11, 1872. CHAP. 649. An Act further to amend chapter three hundred and nineteen of the laws of eighteen hundred and forty- eight, entitled " An act for the incorporation of benevolent, charitable, scientific and missionary societies," and the sev- eral acts amendatory thereof. Passed May 11, 1872. CHAP. 696. An Act to amend chapter two hundred and nine of the laws of eighteen hundred and forty-seven, entitled " An act in relation to cemeteries in incorporated villages." Passed May 14, 1872. CHAP. 762. An Act to incorporate the German United Evan- gelical Synod of the East. Passed May 17, 1872. 1873. CHAP. 46. An Act to provide for the laying out, improve- ment and preservation of burial grounds in the several towns of the State. Passed March 5, 1873. CHAP. 197, An Act incorporating the trustees of the North- ern New York Conference of the Methodist Episcopal Church. Passed April 10, 1873. CHAP. 346. An Act to incorporate the Free Methodist Gen- eral Conference of North America. Passed April 30, 1873. TITLES OP ACTS. 7 1873. CHAP. 361. An Act to amend an act entitled " An act au- thorizing the incorporation of rural cemetery associations," passed April twenty- seventh, eighteen hundred and forty- seven. Passed April 30, 1873. CHAP. 452. An Act to amend section one of chapter seven hundred and sixty of the laws of eighteen hundred and sev- enty, in reference to acquiring title to real estate for burial purposes. Passed May 8, 1873. 1874. CHAP. 26. An Act authorizing the formation of corporations to secure camp-grounds and other property connected there- with for the use of the Methodist Episcopal Church. Passed February 20, 1874. CHAP. 37. An Act supplementary to an act entitled " An act to provide for the incorporation of religious societies," passed April fifth, eighteen hundred and thirteen, and the several acts amendatory thereof. Passed February 27, 1874. CHAP. 121. An Act to incorporate the Western New York Conference of the Methodist Episcopal Church. Passed April 3, 1874. CHAP. 245. An Act to amend an act entitled " An act au- thorizing the incorporation of rural cemetery associations," passed Apfil twenty-seventh, eighteen hundred and forty- seven, and the acts amendatory thereof. Passed April 24, 1874. 1875. CHAP. 79. An Act supplementary to chapter sixty of the laws of eighteen hundred and thirteen, entitled " An act to pro- vide for the incorporation of religious societies." Passed March 29, 1875. CHAP. 206. An Act to amend chapter four hundred and 'fifty- two of the laws of eighteen hundred and seventy-three, en- titled " An act to amend section one of chapter seven hun- dred and sixty of th| laws of eighteen hundred and seventy in reference to acquiring title to real estate for burial pur- poses." Passed April 29, 1875 ; three-fifths being present. CHAP. 209. An Act supplementary to chapter sixty of the laws of eighteen hundred and thirteen, entitled " An act to provide for the incorporation of religious societies." Passed April 29, 1875. CHAP. 307. An Act to amend an act entitled " An act to in- corporate the Evangelical Lutheran Synod of the State of New York," passed April twenty-nine, eighteen hundred and sixty -eight. Passed May 14, 1875. CHAP. 325. An Act to amend chapter twenty-six of the laws of eighteen hundred and seventy-four, entitled " An act au- thorizing the formation of corporations to secure camp- grounds and other property connected therewith, for the use of the Methodist Episcopal Church." Passed May 14, 1875. 8 TITLES 0? ACTS. 1875. CHAP. 354. An Act to amend chapter forty-seven of the laws of eighteen hundred and twenty-si.\, entitled " An act to amend an act entitled ' An act to provide for the incorpora- tion of religious societies.' " Passed May 15, 1875. CHAP. 381. An Act supplemental to an act entitled "An act to provide for the incorporation of religious societies," passed April fifth, one thousand eight hundred and thirteen, and of the several acts amendatorv thereof. Passed May 17, 1675. CHAP. 408. An Act in relation to parsonages in certain cases. Passed May 21, 1875. CHAP. 443. An Act to amend an act entitled "An act to amend an act entitled ' An act to provide for the incorpora- tion of religious societies,' passed April fifth, eighteen hun- dred and thirteen, and supplementary thereto," passed March twenty-ninth, eighteen hundred and seventy-five. Passed May 28, 1875. CHAP. 452. An Act further to amend chapter three hundred and nineteen of the laws of eighteen hundred and forty-eight, entitled " An act for the incorporation of benevolent, chari- table, scientific and missionary societies," and the several acts amendatory thereof. Passed May 28, 1875. CHAP. 597. An Act to amend an act entitled '' An act to pro- vide for the incorporation of religious societies," pa-sed April fifth, one thousand eight hundred and thirteen. Passed June 18, 1875. 1876. CHAP. 110. 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 11, 1876. CHAP. 176. An Act supplementary to chapter sixty of the Laws of eighteen hundred and thirteen, entitled " An act to provide for the incorporation of religious societies, and the acts supplementary thereto." Passed April 26, 1876. CHAP. 190. An Act further to amend chapter three hundred and nineteen of the laws of eighteen hundred and forty- eight, entitled " An act for the incorporation of benevolent, charitable, scientific and missionary societies." Passed April 28, 1876. CHAP. 329. An Act securing to Baptist churches of the State of New York the benefits of incorporation, and repealing chapter six hundred and thirty-three of the laws of eighteen hundred and seventy-three, entitled " An act to authorize the incorporation of Baptist churches in the State of New York, and supplementary to an act entitled ' An act to provide for the incorporation of religious societies,' passed April fifth, eighteen hundred and thirteen." Passed May 15, 187tj. TITLES OF ACTS. 8a 1877. CHAP. 31. An Act to amend chapter one hundred and thirty- three of the laws of eighteen hundred and forty-seven, enti- tled " An act authorizing the incorporation of rural cemetery associations." Passed March 3, 1 877. CHAP. 177. An Act to amend chapter three hundred and eighty-one of the laws of eighteen hundred and seventy-five, entitled " An act supplemental" to an act entitled ' An act to provide for the incorporation of religious societies,' passed April fifth, eighteen hundred and thirteen, and of the several acts amendatory thereof." Passed April 25, 1877. CHAP. 426. An Act to amend chapter four hundred and two of the laws of eighteen hundred and sixty eight, entitled " An act to authorize the trustees of incorporated rural ceme- teries to impose a tax upon the lot owners in said cemeteries." Passed June 6, 1877. CHAP. 451. An Act for the more effectual prevention of wanton and malicious mischief, and to prevent, the deface- ment of natural scenery. Passed June 15, 1877. CHAP. 472. An Act to authorize the trustees of incorporated rural cemeteries to register the lots thereof, and to impose a tax upon the lot owners in said cemeteries, in the counties of Kings and Queens. Passed June 16, 1877. 1878. CHAP. 189. An Act for the protection of graves in ceme- teries. Passed April 27, 1878. CHAP. 209. An Act to amend chapter one hundred and eighty-four of the laws of eighteen hundred and thirty-nine, entitled "An act in relation to trusts for the benefit of the meetings of the religious society of Friends, passed April seventeenth, eighteen hundred and thirty-nine." Passed May 2, 1878. 1879. CHAP. 24. An Act to amend section thirteen of article three of title five of part four of the Eevised Statutes, entitled " Of offenses against public decency." Passed February 14, 1879 ; three-filths being present. CHAP. 107. An Act relating to rural cemetery associations. Passed March 22, 1879. CHAP. 108. An Act to amend chapter one hundred and thirty-three of the laws of eighteen hundred and forty- seven, entitled "An act authorizing the incorporation of rural cemetery associations." Passed March 22, 1879. CHAP. 117. An Act to amend chapter one hundred and twenty-two of the laws of eighteen hundred and fifty, enti- tled " An act to amend the act entitled ' An act to provide for the incorporation of religious societies,' passed April five, eighteen hundred and thirteen, and the several acts amendatory thereof." Passed March 27, 1879. 8b TITLES OF ACTS. 1879. CHAP. 136. An act to amend chapter three hundred and twenty-nine of the laws of eighteen hundred and seventy-six, entitled " An act securing the Baptist churches of the State of New York the benefits of incorporation, and repealing chapter six hundred and thirty-three of the laws of eighteen hundred and seventy-three, entitled ' An act to authorize the incorporation of Baptist churches in the State of New York, and supplementary to an act, entitled An act to provide for the incorporation of religious societies, passed April fifth, eighteen hundred and thirteen.'" Passed April 2, 1879. CHAP. 252. An Act to amend chapter three hundred and nineteen of the laws of eighteen hundred and forty -eight, en- titled " An act for the incorporation of benevolent, charitable, scientific and missionary societies." Passed May 5, 1879. CHAP. 310. An Act to prevent the sale of lands used for cemetery purposes. Passed May 17, 1879. CHAP. 411. An Act to further amend chapter four hundred ■ and two of the laws of eighteen hundred and sixty-eight, en- titled " An act to authorize the trustees of incorporated rural cemeteries to impose a tax upon the lot owners in said ceme- teries." Passed May 29, 1879. CHAP. 463. An Act to amend an act entitled " An act sup- plementary to chapter sixty of the laws of eighteen hundred and thirteen, entitled ' An act to provide for the incorporation of religious societies,' " passed March twenty-ninth, eighteen hundred and seventy-five. Passed June 3, 1879. ^ 3^7 /^f7. ^^ <^^? A -^^^ CONSTITUTIONAL PROVISIONS. EXTEACT FEOM THE FeDEEAL CoNBTITUTION. Congress shall make no law respecting an establishment of re- ligion, or prohibiting tlie free exercise thereof. [U. S. Constitu- tion, Article I. Amendments.] Religious Belief no Excuse for Violation of Law. — Religious be- lief can not be accepted as a justifi- cation of an overt act, made criminal by the law of the land. Beynolds v. The United States, U. 8. Sup. Ct. Jan- uary, 1879. Polygamy a Crime. — A law de- claring polygamy a crime, is not within the prohibition of the first amendment of the constitution deny- ing to Coiligress power to pass any law interfering with the free exercise of religion. Id. Power of Congress Defined. — Congress is deprived of legislative power over mere religious opinions, but may by its enactments interfere with acts and practices in violation of social duties, or subversive of good order. Id. It is within the legislative powers of every civil government to deter- mine whether polygamy or monogamy shall be the law of social life under its dominion. Jd. Eeom the State Coitstitution and Bill of Rights. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be al- lowed in this State to all mankind ; and no person shall be ren- dered incompetent to be a witness on account of his opinions on matters of religious belief; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentious- ness, or justify practices inconsistent witli the peace or safety of this State. [Constitution, Article 1, Section 3 ; E. S. Chap. TV, Part 1, § 9, p. 93.] Religious Liberty Sacred.— There is no power in the State, legislative, executive or judicial, that can inter- fere with religious liberty. To it there is no limitation, except that it will not excuse acts of licentiousness, or justify practices inconsistent with the saiety of the State. Sohertson v. V. Bullions, 9 Barb. 64, affid 11 N. Y. 243. (a) A benevolent society, composed of members of a particular church, can not, by its by-laws, compel a member to continue to observe Ihe discipline of the church, on pain of forfeiture of his statutory rights. Bucb a regulation is in conflict with the constitution, 4nd is a restraint upon religious liberty. People v. Frandseus Benevolent Society, 34 How. Pr. 216. Witnesses — Atheists Incompe- tent as. — One who does not believe in a God or in a future state, can not be a witness in a court of justice. Jackson v. QriSky, 18 Johns. 99. . If the testimony is objected to on the ground that the witness has de- clared himself an atheist, he will not be allowed to change his belief on the witness stand. Id. Who Competent. — One who be- lieves in a God, but not in eternal punishment is competent as a witness. Butts V. Swa/rtwood, 2 Cow, 431. KELIGIOUS CORPORATIONS. CHAPTER I. PROTESTANT EPISCOPAL CHURCH. [Laws 1813, chap. 60, § 1, aa amended Lawa 1868, ehap. 803.] Incorporation — WJiO may Meet for Purpose of. Sec. 1. — 1. It shall be lawful for not less than six male persons, of full age, belonging to any church or congregation in concimunion with the Protestant Episcopal Church in this State, not already incorporated, to meet at any time at the usual place of public worship of such church or congregation, for the purpose of incorporating themselves under this act. Notice for Meeting, how Given. 2, A notice of sucli meeting, specifying its object and the time and place thereof, shall be publicly read, in the time of morning service, on two Sundays next previous thereto, by the rector or officiating minister, or, if there be none, by any other person be- longing to such church or congregation, and shall also be posted in a conspicuous place on the outside door near the main entrance to such place of worship. Meeting — Who to Preside. 3. The rector, or, if there be none, or he be necessarily absent, then one of the church-wardens or vestry-men, or any other person called to the chair, shall preside at such meeting, and shall receive the votes. Voters, and their Qualifications. i. The persons entitled to vote at such meeting shall bo the male persons, of full age, belonging to the church or congrega- tion, qualified as follows, and none other : First. Those who have been baptized in the Protestant Epis- 10 KELIGIOUS COKPORATIONS. [§1, Act of 1813. copal Church, or who have been received therein, either by the right of" confirmation, or by receiving tlie lioly communion ; or, Second. Those wlio have purchased, and for not less than twelve months next prior to snch meeting, have owned a pew or peat in such church ; or who, during the same period of time, have hired and paid for a pew or seat in such church ; or who, during the whole period aforesaid, have been contributors in money to the support of such church. By chapter 33, § 1, of the Laws of 1819, male persons, not otherwise qualified, could incorporate, but not vote at subsequent elections. This sec- tion was repealed in 1868 (Laws, chap. 803, § 3). But societies organized by persons not qualified as corporators, are declared valid, by Laws 1819, chap. 33, § 3, post. Maj(yrity to determine Name — Election day — Who to constitute Yest/ry. 5. The persons so qualified shall, at such meeting, by a majority of votes, determine: First. The name or title by which such church or congrega- tion shall be known in law. Second. On what day, in Easter week, an annual election for church-wardens and vestry-men shall thereafter take place. Third. What number of vestry-men, not less than four or more than eight, shall annually be elected, and shall, together with the rector (if there be one) and the two church-wardens, constitute the vestry of the church. Fourth. And sliall, by a majority of votes, elect two church- wardens and the number of vestry-men that it shall have been determined are to be annually elected, which church-wardens and vestry-men, tlius elected, shall serve until the next regular eleotion. Election Day. — Voters belonging to Episcopal Churches, cannot, at any subsequent annual election, fix a day in succeeding year for election of officers, as provided by Laws 1836, chap. 47. (See note under sub. div. 9 of this section). Polls, how long Open. 6. The polls shall continue open for one hour and longer, in the discretion of the presiding officer, or, if required, by the vote of a majority of voters present. §1, Act of 1813.] PROTESTANT EPISCOPAL CHURCH. 11 Certificate, its Mceoution, Recording and Contents. Y. Tlie presiding officer, togetlier with two other persons, shall make a certiiicate, under their hands and seals, of: First. The church-wardens and vestry-men so elected. Second. Of the day, in Eastec week, so fixed for the annual election of their successors. Third. Of the number of vestry-men (not less than four nor more than eight) so determined upon to be annually elected, to constitute part of the vestry. Fourth. Of the name or title by which such church or con- gregation shall be known in law. Which certificate, being duly acknowledged, or the execution and acknowledgment thereof being duly proven before any officer authorized to take the acknowledgments or proof of deeds or conveyances of real estate, to be recorded in the county where such church, or place of worship of such congregation, shall be situated, shall be recorded by the clerk of such county, or by the officer whose duty it is, or may hereafteg be made, to record such instruments, in the county in which such church or place of worship may be situated, in a book to be by him kept for such purpose. Certificates Improperly Recorded, — Certificates should be re- corded in the office of the Register. To cure irregularities where, in the city of New York, certificates had been recorded in the office of the County Clerk, the Legislature, in 1863 (Laws, chap. 287), enacted as follows : Section 1. Whereas several religious societies whose places of worship are in the city of New York, seeking to incorporate themselves under the provisions of an act entitled " An Act to provide for the incorporation of re- ligious societies," passed April fifth, eighteen hundred and thirteen, have, through mistake, caused the certificate provided for by the first section of said act, to be recorded in the office of the clerk of the city and county of New York, instead of the office of the register of the city and county of New York. Now, therefore, be it enacted, that the recordiug of every such cer-' tificate in the said office of the clerk of the city and county of New York, prior to the passage of this act, be regarded and construed, and such record- ing is hereby declared to be of the same validity, force and effect as would have been the recording of such certificate in the office of the register of the city and county of New York, and every act, deed, matter and thing done or performed by every such religious society since the recording of its certifi- cate in the office of said clerk, is hereby ratified and confirmed and declared to be as valid in all respects as if said certificate had been recorded in the office of said register ; but this act shall not affect any suit or proceeding al- ready commenced arising out of such original mistake. The relief contained in the foregoing act was afterwards extended to re- ligious societies in the counties of New York, Kings, and Westchester. (See Laws 1868, chap. 471, and Laws 1873, chap. 534; Chap. Ill, post.) 12 RELIGIOUS COKPOKATIONS. [§ 1, Act of 181S. Trustees — Who to Compose. 8. The church-wardens and vestry-men so elected, and their successors in oflBce, of themselves (bnt if there be a rector, then together with the rector of such church or congregation) shall form a vestry, and shall be the trustees of such church or congre- gation ; and they and their successors shall thereupon, by virtue of this act, be a body corporate by the name or title expressed in such certificate. Po'wrers of Trustees. — Tbe general powers of trustees are conferred by the subsequent sections of the act of 1813, and the acts amendatory there- of and supplemental thereto ; which see, Chap, in, po»t. Trustees organized under one section of this act have no rights or duties diflferent from trustees of societies organized under either of the other sections. Watkins v. WUcox, 4 Hun, 220. Annual Election, Provision for. 9. The male persons qualified as aforesaid, provided they shall also have belonged to such church or congregation for twelve months immediately preceding, shall, in every year thereafter, on the day in Easter week so fixed for that purpose, elect two churcli- wardens and as many vestry-men (not less than four nor more than eight) as shall have been legally determined, to constitute part of the vestry. Section 3, Act of Feb. 15 (Laws 1826, chap. 47), authorizing voters at any annual meeting to fix day in succeeding year for election of officers, does not apply to Episcopal Churches. (Laws 1868, chap. 803, § 4.) Notice of Election, how Given. 10. Notice shall be given of such election by the rector, if there be one, or, if there be none or he he absent, by the officiat- ing minister, or by a church-warden, for two Sundays next pre- vious to the day so fixed, in the time of divine service. Yacancies, how Filled. 11. Whenever a vacancy in the board so constituted shall happen, by death or otherwise, the vestry shall order a special election, to supply such vacancy ; of which notice shall be given, in the time of divine service, at least ten days previous thereto. §],Actof 18J3.] PROTESTANT EPISCOPAL CHURCH. 13 Notice of MectioHywhat to Specify. 12. The notice of any election, stated or otherwise, shall spec- ify the place, day and liour of holding the same. The provisions contained in the preceding sixth clause shall apply to all elec- tions. Elections, when' to be Held. — Presiding Officer. 13. An election to supply vacancy, and also the stated annual election, shall be holden immediately after morning service ; and at all such elections the rector, or, if there be none or he be ab- sent, gne of the church-wardens, selected for the purpose by a ma- jority of the duly qualified voters present, or, if no church-warden be present, a vestry-man (selected in like manner), shall preside, and receive the votes of the electors, and be the returning officer ; and shall enter the proceedings in the book of the minutes of the vestry, and sign his name thereto, and offer the. same to as many electors present as he shall think tit, to be by them also signed and certified. Power of Church Officers. — Tenure of Office. 14. The church-wardens and vestry-men chosen at any of the said elections, shall hold their offices until the expiration of the year for which they shall be chosen, and until others are chosen in their stead ; and shall have power to call and induct a rector to fiuch church or congregation, as often as there shall be a vacancy therein, and to fix his salary or compensation. Section Eight, Act of 1813.— The eighth section of the act of 1813, con- ferring upon the congregation alone, the power to fix the minister's salary, does not apply to Episcopal Churches. Toungs v. Samom, 31 Barb. 49 ; Hum- T>ert Y. St. Stepheri's Church, 1 Edw. Ch.308. Removal of Minister. — An Epis- copal minister who has been called and settled, can not be dismissed or removed, without his consent, except by the bishop of the diocese. Toungs V. Bansom, 31 Barb. 49. And the court will not grant an injunction at the suit of the church- wardens and vestry-men to restrain such minister from officiating. Id. " Induction," " Institution."— The technical meaning of the terms ' ' in- duction" and 'institution," a^ used in the English ecclesiastical law, has no significance under our statute. Id. Canons and Rubrics.^Canons and rubrics, or rules, are matters of custom, belonging to a particular de- nomination ; and their existence must be averred and proved as matters of fact. Id. See also " Rights and Liabilities of Clergymen," Chap. HI, post. Meetings of Trustees. 15. No board or meeting of such vestry shall be held, unless at least three days' notice thereof shall be given in writing, under 14 RELIGIOUS COEPORATIONS. [g 1, Act of 1813. the hand of the rector or one of the church-wardens ; except that for the first meeting after an election, twenty-four hours' notice shall be sufficient ; and no such board shall be competent to trans- act any business, unless the rector, if there be one, and at least one of the church-wardens, and a majority of the vestry-men, be present ; but if the rector be absent from the State, and shall have been so absent for over four calendar months, or if the meeting has been called by the rector, and he be absent therefrom, the board shall be competent to transact all business, if there be pres- ent one church-warden and a majority of the vestry-men ; except that, in the absence of the rector, no measure shall be taken for efEecting a sale or disposition of the real property, nor may any sale or disposition of the capital or principal of the personal estate of such corporation be made, nor any act done which shall impair the rights of such rector. * Number of Trustees Necessary to Bind Corporation. — The corpora- tion is only bound by tlie action of a majority of the number of trustees, required by statute, not of the num- ber to which the board may have been reduced by accident, resignation or otherwise. Mborey. Rector 8t.Thomas\ 4 Abb. N. C. 51, Sp. T. Unless the rector, if there be one, at least one of the wardens, and five vestry-men are present at a meeting- of the board, it is not competent to transact business. Id. [But if the corporation shall deem it proper, it may reduce the number of its vestry-men to not less than four. See subdivision seventeen, infra ] Presiding Officer to have Casting Vote. 16. The rector, if there be one, and if not, then the church- warden present, or if both the church-wardens be present, then the church-warden who shall be called to the chair by a majority of votes, shall preside at every meeting of the board, and have the casting vote. Casting Vote. — If the chairman votes with the others, and the result is a tie, he may vote again, and his second vote shall be deemed the cast- ing vote. People v. Hector, Sc. Church of the Atonement, 48 Barb. 603, Sp. T. For judicial decisions relating to elections, see Chap. Ill, post. Vestry-men — Number of, how Changed. 17, Whenever any corporation organized under the provisions of this act, shall deem it for the interests of such corporation to change the number of its vestry-men, it shall and may be lawful for such corporation to change the same, provided that the num- ber of such vestry-men shall not thereby be made less than four nor more than eight ; and, in order to effect such change, the §1, Act of 1813.] PROTESTANT EPISCOPAL CHURCH. 15 same sliall be authorized and approved by the vestiy, at a regular meeting thereof, and shall then, at the next stated annual election for wardens and vestry-men, be submitted to and ratified by a majority of the votes of all the qualified voters voting at such election ; notice of which proposed change, and that the same will be submitted for ratification at such election, sha^l be given at the same time and in the same manner as is required for notice of the said election. If such change be thus ratified, a certificate shall be made, setting forth the resolution of the ves£ry and the pro- ceedings to ratify the same, together with the fact of the notice being given as required, and shall be acknowledged or proved and recorded in the same manner as is required for the original certifi- cate of organization ; and thereupon the number of vestry-men to constitute a part of the vestry of such corporation, shall be such as shall be fixed by the proceedings to eflect such change. But such change shall not take effect, or be operative, until the cer- tificate above mentioned shall have been duly recorded. Episcopal Churches heretofore Incorporated, l)y Special Charter or otherwise, may ly Vote adopt certain Provisions of Foregoing Section. Yote, how Ratified and Recorded. [Laws 1868, chap. 803, § 2, passed May 9.] § 2. The provisions of the nintli, tenth, eleventh, twelfth, thir- teenth, fourteenth, fifteenth, sixteenth and seventeenth clauses of section one of this act, shall apply to any church or corporation in communion with the Protestant Episcopal Church in this State, heretofore incorporated under the act hereby amended, or under any of the acts amending the same ; or under the several acts to provide for the incorporation of religious societies, passed April 6, 1784, March ,27, IbOl; or the Act for the Relief of the Pro- testant Episcopal Church in the State of New York, passed March 17, 1795 ; or by any special charter made or granted before or after July 4, 1776, whereof the vestry, at a regular meeting, shall, by vote, determine to adopt the same ; and such vote shall, at the next ensuing stated annual election for wardens and vestry-men, be submitted to and ratified by a majority of the votes of all the qualified voters voting at such election : notice of such vote of the vestry, and of the proposed submission of the same for ratification, having been given at the same time, and in the same manner, as is required by the tenth clause of tlie first section of this act, for notice of election. But such adoption shall not take effect, or be operative, until a certificate, embodying a true copy of the resolu- tion of the vestry, as entered upon their minutes, and the proceed- ings to ratify the same, together with the fact of the notice bein;^ given as required, shall have been acknowledged or proved, and 16 EELIGIOUS CORPORATIONS. [§ 1, Act of 1813. shall be recorded as is required by the foregoing seventh clause of section one, for the certificate of incorporation. The foregoing act (Laws 1868, chap. 803), contains three additional sec- tions. Section three of said act repeals section one of chap. 33, Laws 1819, which authorized persons not otherwise qualified to incorporate, but not vote at subfiequent elections. No person can now be a corporator unless possess- ing the qualifications prescribed by subdivision four of section one of the act of 1813, }. V. Section four declares that section three of chap. 47, Laws 1826, shall not ap^ly to Episcopal Churches. The section referred to gave qualified voters power at any annual meeting to fix a day in succeeding year for election of church officers. (See post, under section six, act of 1813.) Section five repeals all acts and parts of acts inconsistent with this act, i. e., Act of 1868, chap. 803. Churches Incorporated hy Persons not Qualified, Valid. [Laws 1819, chap. 83, passed March 5.] § 2. All incorporations of churches or congregations hereto- fore formed or made under the first section of tlie act hereby amended, although by persons who may not have belonged to such churches or congregations for the last twelve months then l)receding, shall be deemed valid and effectual, in like manner, as if formed or made by persons qualified according to the pro- visions of the same section. Section one of the foregoing act (Laws 1819, chap. 33) is repealed. See note under subdivision 4, section 1, act of 1813, supra. Section three relates to income of churches in the city of New York. See post. Income. — Any religious corporation may now hold property, the net annual income of which shall not exceed $12,000. (Laws 1875, chap. 79, § 3, as amended by Laws 1875, chap. 443, § 3. See also Laws 1819, chap. 33, §3.) Pew Rent. — Revenues derived from rent of pews may be applied by church in addition to annual income. (Laws 1876, chap. 176, § 3.) Ooverning Bod}'. — Any "diocesan convention " or governing body liaving jurisdiction over a number of churches may be incorporated an(%|iold property, the net annual income of which shall not exceed $25,000. (Laws 1876, chap. 110, § 1.) Temporalities. — Trustees must apply the income and revenues of the church in accordance with the discipline, rules and usages of the denomina- tion to which the church members of the corporation belong. (Laws 1875, chap. 79, § 4.) Dissolution. — Failure to elect officers at annual meeting will not work dissolution of the corporation. (Laws 1826, chap. 47, § 2.) The text of the various statutes cited in foregoing notes, together with the general provisions of law, and judicial decisions relating to religious corporations, will be found under proper headings in the succeeding chapters. CHAPTEE II. REFORMED PROTESTANT DUTCH CHURCH. Who to Compose Trustees — Certificate of Incorporation, how Proved and Recorded — Trustees Elected under former Loajos may Cease to he Body Corporate — Temporalities to Vest in New Trustees. [Laws 1813, chap. 6b, § 2, passed April 8.] Sec. 3. — The minister or ministers, and elders and deacons — and if, during any time, there be no minister, then the elders and deacons during such time — of every Eeformed Protestant Dutch church or congregation now or hereafter to be established in this State, and elected according to the rules and usages of such churches within the State, shall be the trustees for every such church or congregation ; and it shall be lawful for the said trus- tees, if not already incorporated, to assemble together as soon as they shall deem it convenient, and execute under their hands and seals a certificate certifying the name or title by which they and their successors forever, as a body corporate, by virtue of this act, shall be known and distinguished, which certificate, being duly acknowledged or proved as aforesaid, shall be recorded by the clerk of such county, in a book to be by him provided as afore- said ; and such trustees and their successors shall thereupon, by virtue of this act, be a body corporate by the name or title ex- pressed in such certificate ; and it shall be lawful for the trustees of any such church or congregation elected by virtue of any former law of this State, by writing, under their hands and seals, to be proved, acknowledged and recorded as aforesaid, to declare their will not to continue any longer a body corporate, and there- upon such body corporate shall cease, and all the estate, real and personal, held by them, shall pass to and be vested in the trustees of such church or congregation, made a body corporate in the 18 RELIGIOUS CORPORATIONS. [§ 2, Act of 1818- manner above directed. Provided, always, that nothing herein contained shall be eonstriied in any manner to impair or alter the rights of any of the chartered churches within this State. Povrers of Trustees. — The general powers of trustees are conferred by the subsequent sections of the act of 18^13, and the acts amendatory there- of and supplemental thereto ; which see, Chap. Ill, pott. Trustees organized under one section of this act have no rights or duties different from trustees of societies organized under either of the other sections. Watkim v. Wilcox, 4 Hun, 220. Two trustees may call a meeting of the board, and a majority of the trustees can transact all business, and settle all questions; and in case of a division, presiding officer to have casting vote. See sec. 5, Act -of 1813, infra. Certificates Improperly Recorded. — Certificates should be re- corded in the office of the register, though the language of the act in that respect is "by the clerk of such county." For relief of societies in the counties of New York, Westchester and Kings, where certificates had been improperly recorded, see Laws 1868, chap. 147; Laws 1873, chap. 534, Chap. Ill, post. Provisions of foregoing section extended to '■'■The True Reformed Dutch Church in the United States of America r [Laws 1825, chap. 303, passed April 21.] %l. Be it enacted iy the People of the State of New York, rep- resented in Senate and Assemily, Tliat the churches or congrega- tions in this State, in connection with the church which has styled itself the true reformed Dutch church in the United States of America, may incorporate themselves in the mode prescribed in and by the second section of tlie act, entitled "An act' to provide for the incorporation of religious societies," passed April 5, 1813. "The Second Reformed Protestant Dutch Church in the City of Albany" — Trustees of, how Chosen. [Laws 1836, chap. 90, passed April IS.] § 1 . It shall be lawful for all the male persons of full age, who shall have been stated attendants on public worship in said church for one year or more, and who shall have contributed to the sup- port of said church according to the usages and customs thereof, to meet together, at such time and place as shall for that purpose be appointed by the consistory of said church, and by a plurality of votes or voices to elect, from the persons qualified to be such §2, Act of 1813.] REFORMED PROTESTANT DUTCH CHURCH. 19 electors, nine persons to be the first trustees of said chnrcb, to take the charge of its estate and property, and to transact all affairs rel- ative to the temporalities thereof. Notice of ^Ehotion, how Given — Inspectors of Election, how Chosen — Their Duties. § 2. Notice of the time and place of such election shall be publicly given in said chnrch for at least two days or sabbaths on which public worship shall be statedly held therein next previous to the time of such election ; and the said election shall be held by tliree inspectors, to be appointed by the said consistory, who shall preside at such election, receive the votes of the electors, be the judges to determine their qualifications as herein prescribed, and be the officers to certify and return to the said consistory, the names of the persons so elected, and -also to certify and inform such per sons of their said election. Trustees to be Divided into Classes — Their Tenure of Office. § 3. The first trustees of said church, so chosen as aforesaid, shall be divided into classes, who shall hold their respective offices on tlie same tenure and for the same time, and their successors shall be chosen by the same persons, on the same notice, at the same time, and in the same manner to all intents and purposes, as is provided by law in respect to trustees of churches organized under and in pursuance of tlie third section of the act entitled "An act to provide for the incorporation of religious societies," passed April 5, 1813. Powers, Sights and Duties of Trustees. § 4. Immediately after the said first trustees shall be elected and shall have met and become organized as contemplated by this act, the right and power of administering, enjoying and disposing of all the property, estates, rights, privileges and effects of said chnrch, so far as they constitute the temporalities thereof, (except- ing the fund raised or to be raised by charitable contributions in said church for the benefit of the poor thereof, commonly called the Deacon's Fund,) shall be transferred from the consistory of said church, and by virtue of this act, pass to and become vested in the said trustees and their successors, to be held, exercised and enjoyed by them to the same extent and in the same manner to all intents and purposes, as the same are now held, exercised and enjoyed by the said consistory : and the legal obligations, duties and liabilities of the said church, contracted or incurred by or 20 RELIGIOUS CORPORATIONS. [§2, Act of 1813. Tinder the said consistory, and remaining unsatisfied at the time of such transfer, shall' be satisfied, fulfilled and discharged by the said trustees and their successors, in the same manner and to the same extent as the said, consistory were, before such transfer, bound either in law or equity to satisfy, fulfil and discharge the same. Who shall Choose Minister and Fix Salary. § 5. "Whenever it shall be intended to select or make choice of a minister for the said church, the right of making such choice or selection shall be vested in and belong jointly to the trustees and members of the consistoi-y of said church for the time being (pro- vided such consistory shall not be composed of a greater number of members than nine, which is the number allowed to it under its present organization), and the said trustees shall meet, or offer to meet, with the members of such consistory, in joint ballot, for the purpose of making such choice or selection. But the amount of salary or compensation to be paid to the minister so to be se- lected or chosen, shall be fixed and established by the said trus- tees alone ; and the call to or contract with such minister shall be as near as practicable in the form most commonly in use in said church. Corporate Name of Church. § 6. The said church shall hereafter be known in its legal cor- porate capacity as " The Second Reformed Protestant Dutch Church in the city of Albany." Mode of Electing Consistory, how Regulated. § 7. The mode of electing the members of the consistory of the said church shall not hereafter be controlled or regulated by the charter thereof, but the said membere of the consistory shall hereafter be elected according to the rules and usages of the Be- formed Protestant Dutch Churches within this State. Any Reformed Protestant Dutch Church in the State may Elect Trustees under this Act — Benefit of Act, how Secured. § 8. Any of the churches in this State in connection with the Heformed Protestant Dutch church, whose temporal affairs are under the management of a consistory or board of officers elected or chosen from such persons only as are in communion with the said church, may, if the said consistory or board so determine, at §2, Act of 1813.] KEFORMED PROTESTANT DUTCH CHURCH. 21 any time hereafter confide the management and care of the tem- poral concerns of the said church to a board of trustees, not less than seven nor more than nine in number; and such determina- tion shall be reduced to writing, and signed by the president and secretary or clerk of said board, with the seal of the said corpora- tion (if any) thereto aflSxed, and shall be acknowledged by said president before some person authorized to take the acknowledg- ment 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 incorporations, or other proper book of records ; and thereupon such proceedings shall be taken for the election of the said board of trustees, and they shall be chosen on the same notice, in the same manner, out of the same body, by the same persons, shall have their election certified in the same manner, continue in office for the same term, their suc- cessors be elected in like manner, and shall have, possess and en- joy the same rights, powers and privileges, and be subject to the like obligations, and shall act in concurrence with the consistory of such cliurch in the choice of minister, and in all respects be a board of trustees with the same rights and powers, and have the like control of the property and temporal affairs of the church, as the board intended to be constituted by the previous sections of this act. Name of Church, how to le Changed. § 9. If the said board of trustees that may so be elected by any other church in communion with the Reformed Dutch Church, shall deem it necessary or proper to change the corporate nan)e of said church to that of a Keformed Dutch Church, with such further designation as may be necessary in consequence of the change effected in its organization by the election of a board of trustees as foresaid, they shall b^ at liberty so to do, and certify such their determination in proper form, under the signature of their president, which shall be acknowledged by him before some officer authorized to take the acknowledgment of deeds, and be recorded in the same manner as the certificate referred to in the last section ; and thereupon such corporation shall be known and distinguished by the corporate name and style that may have been determined upon and expressed in said certificate. Rules as to Election of Consistory, how Changed. §10. Any church in connection with the Reformed Protestant Dutch Church in this State, the choice or election of the members of whose consistory is not subject to the ecclesiastical rules or juris- diction of said church, may at anytime, on the determination and 22 RELIGIOUS CORPORATIONS. [§ 2, Act of 1813. resolve of the said consistory to that effect, be made subject to such rules and jurisdiction, and thenceforth the choice of members of the said consistory shall be made in accordance with such rules and the practice of the said Dutch Church. Legislature may Alter or Bepeal this Act. § 11. This act is passed subject to the power of the Legisla- ture to alter, amend or repeal the same at their pleasure. Ocneral Synod. — The General Synod of the Reformed Dutch Church ■was incorporated in 1819 (Laws, chap. 110). It was authorized to hold prop- erty for religious and charitable purposes the annual income of which shall not exceed $10,000. In 1869 this amount was increased to $15,000 (Laws, chap. 171). See also the general act relating to incorporation of governing bodies of religious societies (Laws 1876, chap. 110), Chap. lY, post. For other general provisions of law, acts and judicial decisions relating to religions corporations, see under appropriate headings in succeeding chapters. OHAPTEE III. PROVISIONS OF LAW RELATING TO RELIGIOUS CORPORA- TIONS IN GENERAL. Trustees, how Elected — Voters, their Qualifications — Elections, Notice, Who to Preside — Metv/rns, Certificate, Contents and liecording — Fee. [Laws 1813, chap. 60, §3, passed April 5.] Sec. 3. It shall be lawful for the persons, of full age, be- longing to any other church, congregation, or religious society, now or hereafter to be established in this State, and not already incorporated, to assemble at the church, meeting-house, or other place where they statedly attend for divine worship, and by plurality of voices to elect any number of discreet persons of their church, congregation, or society, 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 relative to the temporalities thereof; and that, at such election, every per- son, of full age, who has statedly worshipped with such church, congregation, or society, and has formerly been considered as belonging thereto, shall be entitled to vote, and the said election shall be conducted as follows: The minister of such church, congregation, or society, or, in case of his death or absence, one of the elders or deacons, church-wardens or vestry-men thereof, and, for want of such officers, any other person being a member or a stated hearer in such church, congregation, or society, shall publicly notify the congregation of the time when, and place where, the said election shall be held, at least fifteen days before the day of election ; that the said notification shall be given for two successive Sabbaths, or days on which such church, congrega- tion, or society, shall statedly n^cet for public worship, preceding the day of election ; that on the said day of election, two of the elders or church-wardens, and, if there be no such officers, then 24 RELIGIOUS CORPORATIONS. [§ 3, Act of 1813. two of the members of the said church, congregation, or society, to be nominated by a majority of the members present, shall preside at such election, receive the votes of the electors, be the judges of the qualification of such electoi-s, and the officers to return the names of the persons who, by plurality of voices, shall be elected to serve as trustees for the said church, congregation, or society'; and the said returning officers shall immediately there- after certify, under their hands and seals, the names of the persons elected to serve as trustees for such church, congregation, or society, in which certificate the name or title by which the said trustees and their successors shall forever thereafter be called and known, shall be particularly mentioned and described ; which said certificate, being proved or acknowledged as above directed, shall be recorded as aforesaid ; and such ti-ustees and their succes- sors shall also thereupon, by virtue of this act, be a body corporate by the name or title expressed in such certificate ; and the clerk of every county, for recording every certificate of incorporation, by virtue of this act, shall be entitled to seventy-five cents, and no more. (As amended Laws 1867, chap. 656.) Females. In the Episcopal and Reformed Dutch Churches, under sections 1 and 3 of the Act of 1813, the right to vote and incorporate is con- fined to the male members of the congregation. This rule applied to all religious societies, until the year 1867, when an act was passed, (Laws, chap. 656), amending section 3 of the Act of 1813, by striking therefrom the word " male,", and also section 7 by striking therefrom tbe word "he," and inserting the words "such person.'' This amendment extended to females, the right to vote and incorporate in all societies, except such as are organized under the first two sections of the Act of 1818. KeLATING to EelIGIOUS COEPOEATIONS, IN GeNEEAL. Character of Corporation. — Socie- ties formed under the third section of the act of 1813, are private civil corporations, created for the purpose of aiding in the promotion and en- joyment of religion. They are gov- erned by the rules of common law, and a Court of Equity has no juris- diction as a visitor over them. Bob- erUon v. Bullions, 11 N. Y. 243; s. c. 9 Barb. 64; Kniskem v. Lutheran Ghurchet, 1 Sand. Ch. 439. When Court will Esercise Jtiris- diction. — But if the corporation is only a trustee of a charity, equity will interpose to protect the fund,or take it away if the trust is abused. Edbertson V. Bullions, supra; see more fully on this subject, "Uses and Trusts," in- fra. Who Compose the Corporation. — The body corporate consists of every member of the congregation, whether professor, or non-professor, having the right to vote. Robertson v. Bul- lions, 11 N.T. 243; Baptist Church in Sart/ord v. Witherell, 3 Paige, 296. Qualifications of Voters. — Persons entitled to vote at first election under section three of the act of 1813, can § 3, Act of 1813.] RIGHTS AND POWERS. 25 not vote at any subsequent election, unless they possess the qualificatioas prescribed in the seventh section of said act. See Act 1813, § 7. "When Corporation Estopped. — Where a religious corporation per- mits individuals to act as trustees, and holds them out to the world as such, it will be estopped from questioning acts done by them within the scope of their authority. Lovett v. German Re- formed Church, 12 Barb. 67. What acts Bind the Corporation. — If a corporate meeting is regularly held, those present constitute a quo- rum, and any act or resolution passed by a majority is binding upon the cor- poration. The Madison Avenue Bap- tist Ohureh v. Baptist Church in Oliver Street,, % Abb. Pr. N. S. 334; s. c. 33 How. Pr. 335 ; FieU v. Field, 9 Wend. 394. The fact that strangers were pres- ent at a corporate meeting will not vitiate its proceedings unless they voted, and their votes were necessary to authorize their action. Id^ Majority. — If the action of trustees is sanctioned by a majority of corpo- rators present at any meeting regu- larly held, it will not be necessary to show that they were a majority of all the corporators. Id. Contract. — A contract made with trustees de facto in possession, by one having no knowledge as to the legali- ty of their election, is valid, and binds the corporation. Ebaugh v. German Beformed Church, 3 E. D. Smith, 60. {a) After the election of trustees has been judicially declared invalid, they can make no contract which will bind the corporation. Id. [See also "Rights and Duties of Trustees," " Sales of Church Proper- ty," and "Eights and Liabilities of Clergymen."] Meeting Disturbsd. — Where at a regular meeting, a presiding officer is prevented by violence from discharg- ing his duties, he may retire, with those who choose to follow him and conduct the meeting elsewhere. Field V. Field, 9 Wend. 394. [See also " Disturbance of Religious Meetings," ^os'-] Church Fairs. — It seems that a re- ligious corporation has no power to conduct a '' faii-," and can not delegate to any one authority for that purpose. Constant v. Ree'or, Se. of St. Albans Church, 4 Daly, 305. Powers of Reli:;iou8 Corpora- tions. — Religious cprporations.possess no powers except such as are express- ly conferred, and statutes delegating such powers, must be construed so as to exclude those which they do not embrace. Expressip unius est exclusio alterius. People v. Hulbert, 46 N. Y. 110, (a) An act which confers upon sol- vent corporations the right to petition for bonding a town, confers no new powers on religious corporations. If they can become petitioners at all, their corporate existence and solven- cy must appear. If trustees sign, their authority must be shown. Id. Rights of Members.-^A religious corporation may, under its rules, ex- clude a member from spiritual priv- ileges, but it has no power to deprive him of any of his statutory rights as a corporator. People v. German Church, 53 N. Y. 103; reversing 6 Lansing, 173. Mandamus. — Such a disfranchise- ment is a nullity, and a writ of man- damus to restore the corporator to membership, will not lie. Id. (a) But a member of a benevolent society may resort to mandamus to restore him to membership in a cor- poration from which he has been un- lawfully expelled. People v. Benevo- lent Society, 3 Hun, 361. Damages. — For injury resulting from a deprivation of his property rights, in consequence of expulsion, ii seems an action for damages may be maintained against the corporation. People V. German Church, supra. Resignation. — Where two mem- bers of a religious corporation by let- ter declared that they resigned mem- bership " until another reader of said congregation is elected " — held, to be a temporary suspension merely, not an absolute resignation, and under the by-laws of the society they were liable for dues. Maries v. The Congregation Darrich Amuno, 5 Daly, 8. 26 RELIGIOUS CORPORATIONS. [§3, Act of 1813. Title to Corporate Property.— The legal possession of all corporate property is vested in the corporate tody, not in the trustees. The latter are its managing officers merely, over ■whom the body corporate retains con- trol. They do not hold its temporal- ties as ceatuia qve trust. Bohertaon v. Bvlliona, supra; People v. Fulton, 11 N. T. 94; Crrnm v. The Prussia, &c German 8oe. 36 N. T. 161; Wyatt y. Benson, 33 Barb. 327 ; s. c. 4 Abb. Pr. 183; Burrell v. Associate Beformed Church, 44 Barb. 283; Bowen v. Th£ Irish Preahyterian Church, G Bos. 345 ; Congregatien Beth Elohim v. Central Preabylerinn Church, 10 Abb. N. S. 484 ; Christie v. Gage, 3 ; Supreme Ct. Rep. (T. & C), 844; Dutch Church in Garden St. v. Mbtt. 7 Paige, 77 ; People V. The Mayor, 63 N. Y. 291 ; reversing 3 Hun, 438. [See also " Sales of Church Prop- erty."] Majority may Control — Societies under section three of the act of 1813 have no denominational character; a majority of its corporators can control its property, and change the mode of worship, against the will of the mi- nority. Petty V. Tooher, 21 N. Y. 267 ; Gram v. The Prussia, &e. German 8oc. 36 N. Y. 161 ; Burrel v. Aaaociote Meformed Church, 44 Barb. 282; Wat- kins V. Wilcox, 4 Hun, 220 (a) But if the society holds its prop- erty by virtue of a trust created for the benefit of a particular denomination or for a particular purpose, equity will enforce the trust. Kniaiem v. Lu- theran Churches, &c. 1 Sand, Ch. 439; Bowden v. McLeod, 1 Edw. Ch. 588 ; Field V. Field, 9 Wend. 394; People v. Steele, 2 Barb. 397 ; Miller v. Gable, 2 Denio, 492. [See also "Uses and Trusts."] (S) And property may be conveyed to a society on condition that it be devoted to purposes of worship, by a congregation maintaining a particu- lar faith. Petty v. Tooker, 21 N. Y. 267; KiiiaTcem v. Lutheran Churches, &c. 1 Sand. Ch. 439 ; Miller v. OabU, 2 Denio, 493. (c) Or upon condition that the seats in the church shall not be rented or sold, but remain forever free. Wood- ieorth v. Pnyne, 5 Hun, 551. What Powers Courts will Exer- cise. — The court has no power to dis- franchise a member, or remove an officer of a religious society, unless such power is expressly conferred by statute. Bobertson v. Bullions, aupra. It will exorcise jurisdiction over trustees, who are managers of the revenues of the corporation, if they abuse their trust. Id. Injunction. — They will be restrained from devoting such revenues to pro- mote tenets adverse to the funda- mental doctrines of the church. floJ- ertaon v. Bullions, supra,; KnisTcern v. Lutheran Church, dc. 1 Sand. Ch.439. (a) Or from exercising control over the temporalities of a church from which they have withdrawn. Laight St. Baptist Church v. Noe, 12 How. Pr. 497. (b) Or from selling church property, where such sale is not sanctioned by a majority of the corporators. Wyatt V. Benson, 23 Barb. 327 ; s. c. 4 Abb. Pr. 182. (c) The courts will always exercise jurisdiction when necessary to protect civil rights, but will not interfere with matters relating to faith or doctrine. The latter are wholly within the prov- ince of the church judicatories Bap- tist Church in Hartford v. Withweil, 3 Paige, 296. Certificates Improperly Recorded. Certificates should be re- corded in the ofiiceof the Register. In order to cure irregularities in certain <;ases, where through mistake certificates had been recorded in the office of the County Clerk, the Legislature in 1868 (Laws, chap. 471), passed the fol- lowing act : Whereas, several religious societies, whose places of worship are in the city of New York, or in the counties of Kings, or of Westchester, seeking to incorporate themselves under the provisions of the act entitled "An act to provide for the incorporation of religious societies," passed April oth, one §3, Act of 1813.] CERTIFICATES. . 27 thousand eight hundred and. thirteen, or of the several acts amending the same, have through mistake, caused the certificates provided for by the said act, to be recorded in the office of the clerk of the city and county of New York, or of the clerk of the said county of Kings, or of the said county of Westchester, instead of the office of the register of the city and county of New Tork, or of the register of the said counties of Kings or of Westchester re- spectively: Therefore The People of the State of New Yorh, represented in Senate and Assembly, do enact as follows: Section 1. The recording of every such certificate alluded to in the fore- going preamble, in either of the said offices of the clerk of the city and county of New York, or of the clerk of the county of Kings, or of the clerk of the county of Westchester, prior to the passage of this act, shall be regarded and construed, and such recording is hereby declared to be of the same validity, force and effect as would have been the recording of such certificates in the office of the register of the city and county of New Tork, or of the register of the county of Kings, or of the register of the county of Westchester, respectively. And every act, dead, matter and thing done or performed by every such religious society, since the recording of its certificate in the office of either of the said clerks of the city and county of New York, or of the county of Kings, or of the county of Westchester, is hereby ratified, confirmed and declared to be as valid in all respects, as if the said certificate had been properly and appropriately recorded in the office of the register of the city and county of New York, or of the register of the county of Kings, or of the register of the county of Westchester ; but this act shall not affect any suit or proceeding already commenced, arising out of such original mistake. Later in 1873 (Laws, chap. 534), the Legislature passed the following act for the relief of religious societies in Kings county : § 1. The recording of every certificate provided for in an act entitled "An act to provide for the incorporation of religious societies," passed April fifth, eighteen hundred and thirteen, and the several acts amendatory thereof^ in the office of the clerk of the county of Kings, prior to the passage of this act, shall be regarded and construed, and such recording is hereby declared to be of the same validity, force and effect as would have been the recording of such certificate in the office of the register of the county of Kings, and every act, deed, matter and thing done and performed by every such religious soci- ety since the recording of such certificate in ths ofl5ce of the clerk of the county of Kings, is hereby ratified, confirmed and declared to be valid in all respects, as if the said certificate had been recorded in the office of the regis- ter of the county of Kings, but this act shall not prejudice or invalidate any suit or proceeding already commenced and now pending, arising out of such original mistake. § 3. All orders made by any court authorizing the mortgage or sale of real estate by any of such religious societies, so far as the validity thereof depends upon the record of such certificate, are hereby ratified and in all respects confirmed. See also, Laws of 1863, chap. 387 (Act of 1818, § 1, sub-division seven, Chap. I, supra), relating to Episcopal Churches in the city of New York. In the Baptist Church the certificate may be filed in the office of the clerk or register of the county. (See Chap. IV, post.) 28 RELIGIOUS CORPORATIONS. [§4, ActotlSlS. Certificate of Incorporation, hef ore whom acknowledged. [Laws 1844, chap. 168, passed April, 16.] § 1. Certificates of incorporation authorized by the " Act to provide for the incorporation of Religious Societies," passed April 5, 1813, which shall be hereafter. made or executed, may be acknowledged or proved before any officer authorized to take acknowledgments or proofs of conveyances of real estate, and in the same manner and of the like effect ; and upon being sa acknowledged or proved, shall be entitled to be recorded as in said act provided. Certificates heretofore Acknowledged, declared Valid. Saving clause. § 2. All such certificates which have been heretofore ac- knowledged or proved, before any officer authorized to take acknowledgments or proofs of conveyances of real estate, shall, and are hereby declared to be of the same force and validity as if the same had been acknowledged or proved before any one of the officers named in the first section of the act hereby amended ; but nothing herein contained shall be construed to impair or affect the rights of any person or persons in any case where any legal proceedings shall be instituted for enforcing such rights, before the passage of this act. The third section of this act (Laws of 1844, chap. 138), relates to failure to choose trustees, and declares that such failure shall not dissolve the corporation. It will be found under § 6, act of 1813, infra. Trustees to have Common Seal — Their general powers — Jifay sue and he sued l>y Corporate name — May Appoint Clerk and Treasurer of Board ; a Collector ; fix their fees, and remove them at Pleasure — Clerk to keep Record Book. [Laws 1813, chap. 60, § 4, passed April 8.] Sec. 4. The trustees of every church, congregation, or society, hereinabove mentioned, and their successors, shall re- spectively have and use a common seal, and may renew and alter the same at their pleasure, and are hereby authorized and empow- ered to take into their possession and custody all the temporalities belonging to such church, congregation, or society, whether the same consist of real or personal estate, and whether the same shall have been given, granted or devised directly to such churcli, congregation, or society, or to any other person for their use ; and also, by their corporate name or title, to sue and be sued in all §4, Aetofl813.] GENERAL POWERS. 29 courts of law or equity, and to recover, hold and enjoy all the debts, demands, rights and privileges, and all churches, meeting- houses, parsonages and burying-places, with the appurtenances, and all estates belonging to such church, congregation, or society, in whatsoever manner the same may have been acquired, or in whose name soever the same may be held, as fully and amply as if the right or title thereto had originally been vested in the said trustees; and also to purchase and hold other real and personal estate, and to demise, lease and improve the same for the use of such church, congregation, or society, or other pious uses, so as the whole real and personal estate of any such church, congrega- tion, or society, other than the corporation of the minister, elders and deacons of the Eeformed Protestant Dutch Church of the city of New York, and the First Presbyterian Church of the city of New York, and the rector, church- ward ens and vestrymen of St. George's Church in the city of New York, and of the minis- ters, elders and deacons of the Reformed Dutch Church in the city of Albany, shall not exceed the annual value or income of three thousand dollars ; and of the said corporation of the ministers, elders and deacons of the Reformed Protestant Dutch of the city of New York, the annual value or income of nine thousand dol- lars ; and of the said First Presbyterian Churcli of the city of New York, the annual value or income of six thousand dollars ; and of the said rector, church-wardens and vestry-men of St. Oeorge's Church in the city of N^ew York, the annual value or income of six thousand dollars ; and of the minister, elders and Y. 193. Inspector's Decision Final. — If a vote is challenged, and the inspectors, pass upon the question as to the qual- ifications of the elector, their decision is final. If they receive the vote, they have no power afterwards to throw it out, or take testimony as to its le- gality. Hartt V. Harvey, 33 Barb. 55 ; s. c. 19 How. Pr. 345, and 10 Abb. Pr. 321. Compare People v. Cook, 8 N. Y. 67. Number of Electors may be shown by Parol. — The number of electors of a religious society may be shown by parol, notwithstanding the statute requires a register to be kept contain- ing the names of members. People v. Peck, 11 Wend. 6p4. Failure to give Proper Notice. — The mere fact that notice of election was not given in strict compliance with the requirements of the statute will not invalidate aii election, if it was fairly conducted, and no objec- tion as to want of notice was raised at the time. Id. Minister's Salary to he fixed iy Majority of Electors, and ratified iy Trustees in writing, under seal — How paid. [Laws 1813, chap. 60, § 8, passed April 5.] Sec. 8. Nothing in this act contained shall be construed or taken to give to any trustee of any church, congregation or so- ciety, the power to fix or ascertain any salary to be paid to any minister thereof, but the same shall be ascertained by a majority of persons entitled to elect trustees, at a meeting to be called for that purpose, and such salaries, when fixed, shall be ratified by the said trustees, or a majority of them, by an instrument in writ- ing, under their common seal, which salary shall thereupon be paid by the trustees out of the revenues of such church, congrega- tion or society. 48 KELIGIOUS COEPORATIONS. [§ 8, Act of 1813. Eights and Liabilities of Clergymen. Episcopal Churches. — The pro- visions of section eight of the act of 1813 do not apply to Episcopal Churches. Youngs v. Hansom, 31 Barb. 49; Humbert v. St. Stephen's Church, 1 Edw. Ch. 308. Contracts of Clergymen. — It con- tains no prohibition which prevents a minister from making any contract with a religious society, though not in conformity with the provisions of said section. Landers v. Frank St. Church, 15 Hun, 340. Nature of Contract. — Where the constitution, rules and usages of the church form part of a minister's con- tract, it is not terminable at the mere option of either party, but can be annulled only by mutual consent, or in the mode prescribed by the rules of church discipline. Connitt v. Mef. Prot. Dutch Church, 54 N. T. 551 ; Youngs v. Hansom, 31 Barb. 49. (a) A " call " must necessarily con- tain an offer of salary, and if its terms are accepted, it becomes a contract -which binds the corporation. Hum- iert V. St. Stephen's Church, 1 Edw. Ch. 308 ; Connitt v. Bef. Prot. Dutch ■Church, 54 N. Y. 551. (J) Since the call issues from the congregation, the officials signing it are not individually liable to a minis- ter thereon. Paddock v. Brown, 6 Hill, 530. (c) As to individual liability of trustees signing a promissory note as such, see Brochcay v. Allen, 17 Wend. 40. Salary must be authorized. — It is not sufficient that a minister be called. His employment must be sanc- tioned by the trustees, and payment of his salary authorized at a regular meeting. Lawyer \. Cipperly, T Paige, 281. (a) If the salary is fixed by a ma- jority of the congregation, the trus- tees mnst ratify and pay it. Bohert- son V. BuUions, 11 N. Y. 343. When Minister can Recover. — If a minister officiates at the re- quest of the proper authorities, the receiving the services afterwards raises an implied promise on the part of the congregation to pay for them. The employment and performance being with its knowledge and acquiescence, it is liable. Landers v. Frank St. Church, 15 Hun, 340. (a) And for services rendered by a clerk, though not officially authorized, the corporation was held liable. Dunn v. Sector St. Andrew's Church, 14 Johns. 118; compare Constant y. Hec- tor St. Alban's Church, 4 Daly, 305. When he can not. — If for faults of his own, a minister is suspended, and his pastoral connection is after- wards dissolved by the proper judi- catory, the sentence of dissolution relates back to the suspension, and he can not recover salary for the period intermediate the suspension and dis- solution. Dutch Church of Albany y . Bradford, 8 Cow. 457. (a) In ecclesiastical matters which are within the jurisdiction of church judicatories, the decisions of the lat- ter are final, and will not be reviewed by legal tribunals. Connitt v. Bef. Pr»t. Dutch Church, 54 N. Y. 551. (J) The only inquiry is whether the ecclesiastical tribunal had power to act, not whether its decision was cor- rect. Walker v. Wainmright, 16 Barb. 486. Ezcommunication. — Where a min- ister is under sentence of excom- munication, the corporate property can not be applied to his support against the will of the society. Bob- ertson v. BuUions, 11 N. Y. 243. The fact of his excommunication will not prevent a majority of the corporators from employing him, though such action might subject the congregation to spiritual censure, or ecclesiastical penalties. Id. (a) And he can not be removed or prohibited from ministering, against the will of a majority of the corpora- tors. Baptist Church in Hartford v. Witherell, % Paige, 296; see contra. People V. SUele, 3 Barb. 397. Congregation may Secede. — If a minister and his congregation sep- arate iiom one denomination, and unite with another, a court of equity can not compel the seceding society V §9, Act of 1813.] RIGHTS OF CLERGYMEN. 49 to apply its revenues to support a clergyman appointed by the ecclesias- tical judicatory from which the soci- ety has separated. Burrel v. Associate JBeformed Church, 44 Barb. 283 ; Wat- Hns V. Wilcox, 4 Hun, 330. (a) There is nothing in the act of . of 1813, which requires that trustees shall hold the temporalities of the church, for the benefit of believers of of any particular faith. WatJcins v. Wilcox, 4 Hun, 330. (b) But if a society holds property by virtue of a trust created for the benefit of a particular denomination, or for a particular purpose, equity will enforce the trust. Knislcern v. Lutheran Churches, &c., 1 Sand. Ch. 493; Bowden v. McLeod, t Edw. Ch. 588; Field v. Field, 9 Wend. 394; People V. Steele, 3 Barb. 397 ; and see Laws 1875, chap. 79, § 4; Laws 1876, chap. 176, § 1. (c) Ecclesiastical tribunals have no power to interfere with the temporali- ties of a religious society. Baptist Ohwch in Surtford v. With^eU, 3 Paige, 396. Minister's Support. — A convey- ance in trust to apply the rents and profits to the support of a minis- ter creates a "pious use " and is valid. Tucker v. Sector St. Clemenfs Church, 3 Sand. 343; s. c. 8 N. T. Leg. Obs. 257, Sp. T. Subscriptions. — An agreement to pay an annual subscription for the support of a minister, so long as he continued to preach, and while sub- scribers lived within four miles of meeting-house, is valid, and may be enforced by the corporation. Belig- ious Society v. Stone, 7 Johns. 113. (o) And where one contracted to pay as long as W. remained the regu- lar preacher of the society, held, that a sentence of the classis deposing W., which was reversed by the synod, did not sever the pastoral relation. Dief- fendorfY. Reformed Caldnistic Church, 30 Johns. 13. Injunction. — The court will not grant an injunction to restrain trust- ees from employing a clergymen hold- ing tenets at variance with the orig- inal founders of the society. Baptist Church in Hartford v. Witherell, 3 Paige, 396. (a) Nor to prevent a minister from officiating, who has never been re- moved by the proper judicatory. Youngs v. Bansom, 31 Barb. 49. (J) But if the continuation of his ministry will destroy the peace of the congregation, the court, upon appli- cation of a majority of the trustees, will restrain the minister from offici- ating. The German Beformed Church V. Busche, 5 Sand. 666, Sp. T. ; and see s. p. Lawyer v. Cipperly, 7 Paige, 381. (c) The court will enjoin a part of the congregation from bringing into the church, the minister and mem- bers of another church as a body cor- porate, for purposes of worship. But they may employ a clergyman to hold services, and invite individuals to attend. Cammeyer v. Oerman Luth- eran Churches, 4 Edw. Ch. 333. {d) Where a question affecting a ministers rights is pending in the church judicatory, the court will al- low the minister and his adherents to occupy the church, alternately with others of the congregation, but will enjoin them from interfering with the temporalities until a decision is reached. Bowden v. McLeod, 1 Edw. Ch. 588. Mandamus. — Where trustees re- fused to admit to the ^hurch a minis- ter duly appointed for the society by the bishop, in place of their regular pastor, who had been suspended, the court granted a writ of mandamus, to compel them to admit him. People Y. Steele, 3 Barb. 397. Number of Trustees, how Increased or Reduced. [Laws 1813, chap. 60, § 9, passed April 5.] Sec. 9. Whenever any religious corporation within this State, other than the chartered corporations, shall deem it necessary and 50 , v RELIGIOUS CORPORATIONS. [§10, Act of 1813. for the interest of such religions corporation, to reduce, or to in- crease, their number of trustees, that it shall and may be lawful for any such religious corporation to reduce or to increase their number of trustees at any annual meeting. Provided, that such reduction or increase shall not be such as to have a less number than three, or a larger number than nine, trustees in any one of the said religious corporations ; provided, that a notice of at least two weeks shall be given at a regular meeting of snch society, of the time and place of holding any meeting at which any such re- duction or increase may be proposed. (As amended Laws 1866, chap. 4:14.) Inventory and Account of Annual Income must he Exhibited once in Three Years — Neglect to Exhibit for Six Years to work Dissolution of Corporation — Where Income exceeds Amount authorized hy Law, Report to he made to Legislature. [Laws 1813, chap. 60, § 10, passed April 5.] Sec. 10. The treasurer of every religious corporation, singly, or the trustees or persons entrusted with the care and manage- ment of the temporalities of any churcli, congregation or religious society already incorporated, by virtue of any act of the legisla- ture, or which may hereafter be incorporated in the cities of New York, Albany or Schenectady, or a majority of tliem respectively, shall once in every three years, and between the first day of Jan- uary and the first day of April triennially, to be computed from the first day of January last, exhibit upon oath to the chancellor, or to one of the justices of tlje supreme court, or any of the judges of the court of common pleas in the county where such churcli, congregation or society shall be situated, an aceouht and inventory of all the estate, botli real and personal, belonging at the time of making such oath to the church, congregation or society, for which they respectively are trustees or managers as aforesaid, together with an account of the annual revenue arising therefrom ; and if any such trustees or person entrusted as aforesaid shall neglect to exhibit such account and inventory for the space of six years, after the expiration of every three years as aforesaid, and shall not then exhibit the same, and procure a certificate to be endorsed thereon by the chancellor or judge, that he is satisfied that the annual rev- enue arising from the real and personal estate of such corporation § 10, Act of 1813.] INVENTORY. 51 does not, nor has not for the six preceding years, exceeded the sum ■which by law it is allowed to receive, then such trustees or persons entrusted as aforesaid sh3,ll cease to be a body corporate : And in every case where it shall appear from such account and inventory that the annual revenue of any church, congregation or religious society, in either of the said cities, exceeds the sum which by virtue of any charter or law they may or can respectively hold and enjoy, it shall be the duty of the chancellor, justice or judge, before whom the same shall be so exhibited, to report the same, to- gether with such account and inventory, to the Legislature at their next meeting. Second exhibition not necessary, unless Society subsequently ac- quires property — Trinity Church property. [Laws 1814, chap. 1, § 6, passed January 25.] § 6. In every case where a church or religious society which has been or may be duly incorporated, shall have exhibited such account and inventory as is specified in the ninth [tenth] section of the act entitled, " An act to provide for the incorporation of religi- ous societies," it shall not be necessary for such church or society again to exhibit any account and inventory unless the said church or society subsequently to such exhibition shall have purchased or acquired any lands, tenements or hereditaments within this State, any act, law or usage to the contrary notwithstanding. Provided ahjoays. That nothing in this act contained, shall be construed to aflfect, or defeat the right of any person or persons, or of any body corporate, to the estate, real or personal, now held,, occupied or enjoyed by the corporation of Trinity Church. But if land subsequently acquired be used for a cemetery, such second exhibition will not be necessary. Laws 1842, chap. 153, and Laws 1850, chap. 133, § 3. (See Cemeteries, Chap. VI, post.) The other sections of this act (Laws 1814, chap. 1), are local in their na- ture and relate mainly to Trinity Church, and St. George's Church, sanction- ing the separation of the latter from Trinity, and its independent organiza- tion. Failure to exhibit Inventory not to worJc Dissolution of Corpora- tion — Not required unless income exceeds $6,000. [Laws 1850, chap. 122, § 1, passed March 30.] § 1. 1^0 church or religious society, now incorporated, shall be deemed dissolved, nor shall any of its rights or privileges bu impaired or affected by reason of the trustees, or other persons 52 RELIGIOUS CORPORATIONS. [§ 11, Act of 1813. entrusted with the management of its temporalities, having omitted to exhibit an account and inventory of the real and personal estate belonging to such church or society, or of the annual income or revenue arising therefrom ; and any forfeiture incurred by reason of any such omission, is hereby waived and discharged ; and no such account and inventory shall hereafter be required from any incorporated church or religious society, unless the annual income of its property shall exceed six thou- sand dollars. Section two, of the above Act (Laws 1850, chap. 122), relates* to power of societies to increase facilities for public worship, and wUl be found supra, under section 4, act of 1813. Section three relates to Cemeteries. It sup- plements chap. 133, Laws of 1842. (See Cemeteries, Chap. "VI, post.) Failure to exhibit Inventory — When cured. [Laws 1876, chap. 79, § 7, passed March 29.] § 7. No religious corporation shall be deemed to be dissolved for any neglect hitherto to exhibit an account or inventory of which real and personal estate and the annual income thereof, provided that such account or inventory shall be exhibited within three years from the passage of this act. For the other sections of this act (Laws of 1875, chap. 79) see note under section 6 of the act of 1813, supra. For other provisions, as to filing account and inventory, see sections 13 and 15 of the act of 1813, infra. Lands of Society, except lands granted by the State, may be sold by order of the Supreme Court, when necessary. [Laws 1813, chap. 60, § 11, passed April 5.] Sec. 11. It shall be lawful for the chancellor [Supreme Court] of this State, upon the application of any religious corpo- ration, in case he shall deem it proper, to make an order for the sale of any real estate belonging to such corporation, and to direct the application of the moneys arising therefrom, by the said cor- poration, to such uses as the same corporation, with the consent and approbation of the chancellor [Supreme Court] shall conceive to be most for the interest of the society to which the real estate so sold did belong. Provided, That this act shall not extend to any of the lands granted by this State for the support of the Gospel. j 11, Act of 1813.] SALES. 53 Sales of Ohtjech Peopeety. Power of Alienation. — The fee of real estate held by a religious society, is vested in the corporate body, not in its trustees ; and it has full power to convey it, subject only td the con- sent of the Supreme Court. Bowen v. The Irish Presbyterian Church, 6 Bos. 345; Dutch Ohurch in Garden St. v. Mbit, 7 Paige, 77 ; Congregation Beth JElohimy. Central Presbyterian Ohurch, 10 Abb. N. S. 484, 8p. T. (a) At common law the power of alienation of religious corporations was unrestricted. The English stat- utes,- passed in the reign of Elizabeth, taking away this power, became op- erative as part of the common law of the colony of New York, though they were not re-enacted here. The Mad- ison Avenue Baptist Church v. Baptist Church in Oliver Street, 46 N. T. 131 ; De Swyter v. St. Peters' Church, 3 Barb. Oh. 119; s. c. 3 N. T. 288; Bogardus v. Trinity Church, 4 Paige, 178. Order of Court Essential. — ^No religious corporation can sell in fee any of its real estate without an order of the court. The Madison Avenue Baptist Church v. Baptist Church in Oliver Street, 46 N. Y. 131 ; reversing s. c. 1 Abb. Pr. N. S. 314, and s. c. 30 How. Pr. 455 ; Boga/rdus v. Trinity Church, 4 Paige, 178. (as) The order may he made at any time before the delivery of the deed. Congregation Beth Elohim v. Central Presbyterian Church, 10 Abb. N. S. 484, Sp.T. (J) It seems the court acquires juris- diction to order a sale from the facts before it, when the order is made. Madison Avenue Baptist Chv/rch v. Bap- tist Church in Oliver Street, 73 N. Y. 83. (c) If the facts stated in the petition are not sufficient to confer jurisdiction to grant the order, it is a nullity, and a sale under it is void. Idi Corporation Must Refund.— The corporation can not recover the prop- erty sold under a void order, until the purchase money and entire amount expended on the faith of the'supposed title has been repaid. A vendor can not have both its property and the consideration therefor. Id. Corporation must Apply for Or- der. — An order directing a sale can only be granted upon application by the corporation. Wyatt v. Benson, 33 Barb. 327; s. c. 4 Abb. Pr. 182. When Order not Necessary. — Application to the court is only necessary in case of a sale of real estate; The trustees, therefore, may remove the church edifice, or change it from one place to another, without procuring an order of the court sanc- tioning such removal. Matter Second Baptist Society, 20 How. Pr. 334. Personal Property. — If the church is removed from its foundations, and severed from the realty, it becomes, personal property, and may be sold without application to the court. Beach v. Allen, 7 Hun, 441. Right of Way.— A deed by a re- ligious corporation of a right of way over lands it had bought upon an express agreement, that such right should be reserved by the vendor, can not be avoided on the ground that such conveyance was not sanc- tioned by the court. Equity will not deprive the vendor of a right intended to be reserved by him, unless the vendee returns part of the considera- tion. Protestant B. D. Church v. Bogardus, 5 Hun, 304. Sale Defined. — To constitute a sale, there must be a consideration which will inure to the benefit of the corporation as such. If a corpora- tion agrees to unite with another, and to convey its property to the latter, it amounts to a dissolution of the former, and though benefit may accrue to its individual members, it receives nothing as a corporate body. Such a conveyance is not a sale. The Madison Avenue Baptist Church v. Baptist Church in Oliver Street, 46 N. Y. 131. Conveyance not a Judicial Sale.— A conveyance by a religious corpora- tion, in pursuance of an order of the court, is not a judicial sale, so as to take it out of the operation of the champerty act (1 R. S. 789, § 147), which declares every conveyance made 54 RELIGIOUS CORPORATIONS. [§11, ActotlSlS. while the lands are actually in posses- sion of a person claiming under title adverse to the grantor, absolutely void. Christie v. Gage, 71 N. T. 189. Mortgage. — A. mortgage is not a " sale " within the meaning of section eleven of the act of 1813, and is valid, though made by the corporation without an order of the court. Man- ning V. Moscow Presbyterian Soc. 37 £arb. 52 ; South Baptist Soc of Albany V. Clapp, 18 Barb. 35 ; Matter of St. Ann's Church, a3 How. 285 ; s. c. 14 Abb. 424. (a) And where a purchase money mortgage is executed by all the trustees, it binds the corporation, though such execution was not au- thorized by a resolution of the board. JSouth Baptist Church of Albany v. Clapp, 18 Barb. 35. Seal not Conclusive. — The fact that a bond and mortgage are under the corporate seal is not conclusive evi- dence that they were legally author- ized so as to bind the corporation. Moore v. Rector of St. Thomas', 4 Abb. N. C. 51, Sp. T. Mortgage of Burial Lot. — A mort- gage of a burial lot is not void as against public policy, and when not prohibited by statute, is valid. Lantz V. B^ichingham, 10 Abb. N. S. 64. [Mortgaging land used for cemetery purposes is now prohibited by statute. See Laws 1879, chap. 310.] Sale upon Condition. — A convey- ance of land to a religious corporation, on condition that the seats in the church to be erected thereon shall remain forever free, and if sold or rented, said premises to revert, is valid. The condition is not violated by a sale of the church to another religious society by deed containing the same conditions. Woodworth v. Payne, 5 Hun, 551. Such sale, is not a sale of the seats within the meaning of the condition. When Sale Void. — If the same persons are trustees of two religious corporations, they can not convey the real estate belonging to one corpora- tion to the other, if the conveyance is made for the sole purpose of rendering pecuniary aid, and rests upon no other consideration. Wardens St. James' Church v. Rector Church of the Redeemer, 45 Barb. 356; b. c. 31 How. Pr. 381. (a) An order of the Supreme Court sanctioning such a conveyance, is not an adjudication between the parties, and creates no estoppel as against the grantor. Id. (b) If the conveyance is unauthor- ized, it makes no difference that the sale has been consummated, the pur- chase money paid, and the vendee put in possession. No title passes under the deed. Madison Avenue Baptist Church v. Baptist Church in Oliver Street, 73 N. Y. 83. Arbitration. — Since real estate of a religious corporation can not be sold without the consent of the court, the question as to a sale can not be sub- mitted to any other tribunal, nor passed upon by arbitration. Wyatt V. Benson, £3 Barb. 237 ; s. c. 4 Abb. Pr. 182. Sale Valid though not Sanctioned by Majority. — It seems that the acts of the trustees in respect to the sale of church property is valid, though not sanctioned by a majority of the cor- porators. Madison Avenue Baptist Church V. Baptist Church in Oliier Street, 46 N. Y. 131; MaUer South Baptist Soc, 30 How. Pr. 324. When Order of Sale will be Va- cated. — If no sale has taken place, though an order of the court has been made, such order will be vacated at any time before the sale, if it appears that the measure is in opposition to the views of a majority of the corpo- rators. The court cannot compel a corporation to sell against its will. Wyatt V. Benson, 33 Barb. 337; s. c. 4 Abb. Pr. 183; Matter of Reformed Dutch Church of Saugerties, 16 Barb. 237. When Corporation Not Estopped. — In proceedings by trustees to sell or mortgage church property, they act as special agents of the corporation, and if they proceed without authority, the society is not estopped by their acts, Moore v. Rector St. Thomas', 4 Abb. N. C. 51, Sp. T. Court 'may withhold Assent. — The power of the court is negative. §11, Act of 1813.] SALES. 55 It may ratify or veto a sale, and can compel a corporation to retain its property by withholding assent to a sale. Matter of Reformed Butch Ohurch in Saugerties, 16 Barb. 337. Proceeds of Sale. — The court has no power to direct how proceeds of a sale shall be applied without the con- sent of the corporation, but may pre- vent a distribution thereof until the latter shall agree as to the object for which such proceeds shall be used. Id. (a) But the court can not approve of any application of moneys arising on a sale of church property, except for the interest of the society as an organization which is to continue in existence for the purposes of its crea- tion. Wheaton v. ffatei, 18 N. Y. 395. When Order Void. — A. petition for leave to sell, and after paying the church debts, that the siuplus shall be distributed among the pew holders, should be denied, and such an order if made by a county court is void for want of jurisdiction. Id. Who may Object. — If a religious corporation owning the fee in the land where the church stands, sells or leases part of it for purposes of sepul- ture, the property can not be sold as long as the vault owners object. Matter of Brick Preibyterian Ohurch, 3 Edw. Ch. 155. (a) But where persons acquire no right to a burial plot, by deed or con- veyance, they can not prevent a sale of the cemetery against the will of a majority of the corporators. Windt V. German Reformed Church, 4 Sandf. Ch. 471. When no Title Passes to Burial Plot. — Payment to a religious corpo- ration for the privilege of sepulture, where no deed has been executed, gives no title to the land occupied by the remains. It confers only the right to have the grave continue undisturbed as long as the corporation owns the fee, and to have the remains decently re- moved in case it is sold. Id. Injunction. — After a sale of the cemetery by an order of the court, members of the congregation, holding no deeds to burial plots, can not ob- tain an injunction to prevent the re- moval of the remains of their kindred by the corporation. Id. Assignment for Benefit of Cred- itors. — The trustees of an insolvent religious . corporation may, with the approval of the court, make an as- signment in trust for the benefit of its creditors. BeBuyter v. St. Peter a^ Ohurch, 3 N. Y. 238; s. c. 8 Barb. Ch. 119. Jurisdiction, Supreme Court. — Since the constitution of 1846 the Supreme Court succeeded to all the powers and authority of the Court of Chancery, and has jurisdiction in all matters in law and equity relating to the rights of religious corporations. Wyatt V. Benson, 23 Barb. 337 ; s. c. 4 Abb, Pr. 182. County Court. — In 1851, under section 30 of the Code, subdivision nine, power was conferred on county courts to authorize the " mortgage or sale of real property situate within the county, of a religious corporation, and the disposition of the proceeds thereof." Wheaton v. Gates, 18 N. Y. 395. [This power is now embraced in section 340 of Code of Civil Proce- dure; subdiv. 4.] Receiver. — The Code does not con- fer general jurisdiction in equity upon county courts, and the latter can not extend or abridge the rights of trustees, or appoint a receiver of church property. Wheaton v. Gates, 18 N. Y. 395. (a) A court of equity may appoint a receiver of income and pew rents, pending the settlement of a dispute in the church judicatory. Bowden v. McLeod, 1 Edw. Ch. 588. (S) A receiver of corporate property will not be appointed in an action to which the corporation is not a party. Groesbech v. Bunsconib, 41 How. Pr. 302, N. Y. Superior Ct. Sp. T. N. Y. Common Pleas.— The Court of Common Pleas in the city of New York has the same jurisdiction as county courts in proceedings to sell property of religious corporations sit- uated within said city and county. See Laws 1854, chap. 198, § 6, and Code of Civil Procedure, § 286. 56 RELIGIOUS CORPORATIONS. [§11, Act of 1813. Saperior Court of Buffalo.— The Superior Court of Buffalo has like j urisdiction where the property of the corporation is ■within that city. See Laws 1854, chap. 96, § 9, subdiv. 7. N. Y. Superior Court. — ^Where a religious corporation has executed an agreement to convey its property, and obtained from the Supreme Court an order authorizing it, the Superior Court in the city of New York has jurisdiction of an action to enforce a specific performance of the contract. Bowen v. The Irish Presbyterian Church, 6 Bos. 245. Agreement to SeU. — As an inci- dent to the power of alienation, a religious corporation has power to contract for the Bale of its real estate. Bowen v. The Irish Presbyterian Chv/rch, 6 Bos. 345. (a) It may also extend the time for the delivery of the deed. Congrega- tion Beth Elohim v. Central Presbyte- rian Church, 10 Abb. Pr. N. S. 484, Sp. T. Seal not Essential. — Such an agree- ment is well executed without a com- mon seal. And the seal of a private individual unnecessarily used may be disregarded. Id. {a) Or if the corporation has no seal, the seal of one of the trustees may be adopted as the corporate seal. South Baptist Society of Albany v. Clapp, 18 Barb. 35 ; Christie v. Cage, 3 T. & C. (Supreme Ct. Eep.) 344. Seal Presumptive Evidence. — A contract to sell real estate, executed by a religious corporation under its seal, raises the presumption that it was made by lawful authority. Bowen V. The Irish Presbyterian Church, 6 Bos. 245. (a) Such presumption may be re- butted by evidence that the trustees acted without authority. Moore v. Bector St. Thomas', 4 Abb. N. C. 51, Sp. T. Specific Performance. — If a re- ligious corporation agrees to sell its real estate, and obtains an order of the court authorizing the sale, an action lies to compel a performance of the contract. Bowen v. The Irish Presbyteriai} Church, 6 Bos. 245. (a) It is' no defense to such an action that third parties have ob- tained an injunction against the so- ciety pendente lite, in an action to which the persons seeking to enforce peiformance were not made parties. Id. (b) A bill for specific performance will not be dismissed on the ground that complainant's title was not per- fect at the time of filing such bill, if from the master's report it appears that it is then in a situation to give a perfect title. Butch Church in Garden Street v. Mott, 7 Paige, 77. Rescission of Contract. — In an action to rescind a contract of sale, and recover an installment of the purchase money, it is not sufficient to show that an order of the court had not been obtained when the contract was made. Such order may be made at any time before delivery of the deed. Congregation Beth Elohim v. Central Presbyterian Church, 10 Abb. N. S. 484. Sp'. T. Action to set aside Sale. — A cor- porator can not bring an action in his own name to set aside a sale, where the only objection is that the pro- ceedings before the court were irreg- ular. In such an action the corpora- tion must be made a party. Wathins V. Wilcox, 4 Hun, 220. Same rule as to an action to set aside an order changing the corporate ' name. Id. Cemetery Lisnds, Conve|'anoe§ of. — By Laws 1870, chap. 527, religious societies are authorized to convey to cemetery associations lands held by them for burial purposes. (See Chap. VI, post.) Cemetery Liands can not be inortgag^ed. — A religious corpora- tion could not mortgage lands used for the interment of human remains, for the use of which it shall have received compensation, without the written consent of three-fourths of the congregation, which consent was required to §13, Act of 1813.] DISSOLUTION— RE-INCORPORATION. 57 be proved, acknowledged and recorded in the same manner as deeds. (Laws 1843, chap. 315, § 1.) But now, by virtue of an act passed May 17, 1879 (Laws, chap. 310), it is not lawful to mortgage cemetery lands, while they are actually used for cemetery purposes. Liands of Benevolent Societies. — For provisions of law relating to the conveyance or mortgage of lands belonging to benevolent societies, etc., see Chap. V, post. Societies created hy Special Charter may hold estates of yearly value of $3,0.00, notwithstanding restrictions in, Cha/rter. [Lawa 1813, chap, 60, § 12, passed April 6.] Sec. 13. It shall be lawful for every religious corporation created by letters patent, under the great seal of the colony of New York, to have, hold and enjoy lands, tenements, goods and chattels of the yearly value of three thousand dollars, although the letters patent by which such corporation was created shall contain a clause, or clauses, restricting and limiting the annual revenue and income of such corporation, to a less sum than the said three thousand dollars. For other provisions of law relating to income of churches, see section 4, act of 1813, awpra, and acts amendatory thereof and supplemental thereto. Corporation to exist from tvme of recording Certificate — Church may he re-incorporated within six yea/rs after dissolution — Time in which Inventory must he exhiMted. [Laws 1813, chap. 60, § 18, passed April 5.] Sec. 13. Every corporation of any church, congregation, or religious society, heretofore made in pursuance of any law of this State, and in confoi'mity to the directions contained in this act, shall be, and the same is, hereby established and confirmed, and such corporation shall be deemed to have commenced from the time of recording such certificate, as aforesaid ; and in case of the dissolution of any such corporation, or of any corporation here- after to be formed in pursuance of this act, by reason of a non- compliance with the directions herein contained, the same may be re-incorporated in the manner prescribed by this act, at any time within six years after such dissolution, and thereupon all the estate, real and personal, formerly belonging to the same, shall •vest in such corporation as if the same had not been dissolved. Provided, That in such case the said account and inventory re- quired to be exhibited by such corporation in the cities of New 5 58 RELIGIOUS CORPORATIONS. [§§14-16, Act of 1813. York, Albany and Schenectady, shall be exhibited within one month after such re-incorporation, and trienuially thereafter, as above directed. For other provisions, as to account and inventory, see section 10 of the act of 1813, supra, and supplemental acts, and also, section 15 of same act. For provisions as to dissolution on account of neglect or non-user, see section 15 of same act, it^ra. Methodist Episcopal Church in the city of New York — Number of Trustees — How classified. [Laws 1813, chap. 60, § 14, passed April S.] Sec. 14. The corporation of the Methodist Episcopal Church in the city of New York shall be, and hereby are, au- thorized to continue to elect nine trustees of the said corporation, in the same manner as if that number of trustees had originally been named in the certificate of incorporation, and such trustees shall be classed, or continue to be classed, in the manner pre- scribed by the sixth section of this act. Failure to exhibit Inventory or elect Officers on day appointed, not work dissolution of Corporation if same he exhibited within two years from, passage of this Act, &o. [Laws 1813, chap. 60, § 16, passed April 6.] Sec, 15. No religious corporation shall be deemed to be dissolved for any neglect hitherto, to exhibit an account or inventory of its real or personal estate, and the annual income thereof, nor for having held or hereafter holding elections of church oflBcers on days before or after any moveable feast ob- served by such church, the intervening time between such elec- tions being more than a solar year. Provided, That such account or inventory shall be exhibited within two years after the passing of this act, and that previous public notice be given to the con- gregation of the time and place of holding such elections. For other provisions, as to account and inventory, see sections 10 and 13 of the Act of 1818, supra. How Society may be Re-incorporated after Dissolution through Neglect or Non-user — Property to Vest in New Corporation. [Laws 1813, chap. 60, § 16, passed April 6.] Sec. 16, Whenever any religious corporation shall be dis- solved by means of any non-user, or neglect to exercise any of ACT OF 1813 EXTENDED. 59 the powers necessary for its preservation, it shall be lawful for the religions society which was connected with such corporation, to re-incorporate itself in the mode prescribed by this act, and that thereupon all the real and personal property which did belong to such dissolved corporation at the time of its dissolution, shall vest in such new corporation for the said society. re-incorporate. First 8oc. M/E, Church V. Brownell, 5 Hun, 464. Change of Name — Identity.— Re-Incorporation. — A formal dis- solution is not necessary as a condi- tion precedent to the right to re- incorporate. Neglect to exercise any of the corporate powers necessary to its preservation is a practical dissolu- tion of the corporation, the happening of which gives the statutory right to Whether a re-incorporation creates a new body, or merely revives the old one, is a question of intention. The identity of a corporation is not affected by the change of its name, merely. Id. Societies for maintaining Christian 1¥ors1iip, &c. — By Laws of 1870, chap. 51, any society organized for the purpose " of establishing and maintaining a place of christian worship," &c., may also be incorporated in accordance with the provisions of chap. 319 of the Laws of 1848, relating to Benevolent Societies, &c. (See Chap. V, post.) The Act of 1848 was also amended so as to authorize the incorporation of religious societies in the same manner as benevolent societies, by inserting the word "religious " in the first section (see Laws 1872, chap. 309). Sec- tion one of said act was afterwards amended (Laws 1879, chap. 353), and the word " religious " omitted therefrom. BENEFITS OF ACT OF 1813, EXTENDED. Churches Created hy Special Cha/rier — Provisions of Act of 1813 Extended to — School-Houses and Parsonages. [Laws 1871, chap. 776, passed April 27.] § 1. Any religious corporation within this State, created by any special charter, shall, notwithstanding such charter, have all the powers and authority given to any trustees, congregations, or societies incorporated under the act entitled "An act to provide for the incorporation of religious societies," passed April fifth, eighteen hundred and thirteen, or any act amendatory thereof or supplementary thereto, and the property acquired for any school- house or dwelling-house for the use of a minister, shall not be in- cluded in the estimate of the valne of tlie property to the posses- sion of which such corporation may be restricted. 60 RELIGIOUS CORPORATIONS. PAESONAGES. Parsonages of Ministers to two or more Churches. [Laws 1876, chap. 408, passed May 21 .] § l^n 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, congre- gations or religious societies, to have, hold and own a lot or Tots 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 sucii 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, cler- gyman or minister of the gospel as a parsonage, during the time he shall serve or minister to such churches, congregations, or re- ligious societies. Parsonage Trustees. § 2. After the passage of this act, the said churches, congre- gations or religious societies shall have power to elect three trust- ees, 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 pur- chased for parsonage purposes, as trustees of and for the use and benefit of said churches, congregations or religious societies. Election, of Trustees. § 3. The priest, clergyman or minister of the gospel so serving or ministering to such churches, congregations or religions socie- ties, 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 so- cieties statedly meets for worship. Notice of the time of holding such election shall then be given to each of such churches, congre- gations or religious societies, in the manner prescribed by the third section of the act above mentioned. Notice shall also 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 elec- tion, said chuches, congregations or religious societies shall, by a PARSONAGES. 61 plurality of voices, elect one of their members chairman of such meeting, and the clerk of such church, congregation or religions society, if present shall be clerk of such meeting; but if such clerk shall be absent, then such church, congregation or religious societies shall, by plurality of voices, elect one of their members clerk for the time being. ElecUon, how Conducted — Who Entitled to Vote., § 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. Tlie chairman of each of such meetings shall preside thereat, receive the ballots, preserve order and see 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 per- sons who shall be entitled to vote for trustees of such church, con- gregation or religious society, may lawfully vote at such election, and no others. The chairman and clerk of each meeting shall can- vass 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 vpted for, and the number of votes given for each. ' Canvass — Term of Office of Trustees — Namie. § 5. The chairman of any or either of such meeting may by a writing, signed by him, appoint the clerk of. such meeting a can- vasser in his place and stead. Such chairmen as do not appoint the clerk a canvasser in his stead, and sucli 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 an- other one of their members secretary of said board, and shall then, from all the certificates of the elections held the day before, ascer- tain the whole number of votes cast for parsonage trustees, the names of all the persons voted for and the number of votes given for «ach, and shall declare the three persons having the largest num- ber of votes elected trustees. Tliey shall then proceed to divide said trusteesf, by lot, into three classes, one of whom shall hold the office for one year, one for two years and one for three years ; and thereafter onp 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 desig- nate 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. 62 RELIGIOUS CORPORATIONS. Record of Canvass — Certificate of Election, Etc. § 6. The secretary of said board of canvassers shall keep a re- cord of all the proceeding's 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 cer- tificate 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 re- quired to be acknowledged to entitle them to be recorded. Such certificate and acknowledgment shall then be recorded in the of- fice of the clerk of the county or counties in which any one of such churches, congregations or religious societies may be located. Powers and Duties of Trustees. § 7. Upon the recording of such certificate, the said trustees and their successors shall be a body politic and corporate by the 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 socities, such real and personal estate as such churches, congrega- tions or religions societies may deem necessary or proper to pur- chase 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. Failure to hold Election. § 8. In case it shall happen that an election of trustee shall not be held on the day designated for such election, the corpora- tion shall not for that reason be 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. Death or Removal of Trustee. § 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 TAXATION AND EXEMPTION. 63 place or places of him or them so dying or removing, in the same manner as other trustees are required to be elected. Par§onage§ Attached to Educational Institutions.— By Laws 1870, chap. 51, any society " for the purpose of establishing and maintaining any educational institution, or chapel or place of christian worship, or any parsonage, rectory or oflBcial residence of any bishop, pastor, or minister of any christian church or association " may be incorporated in accordance with the provisions of chap. 819 of the Laws of 1848, relating to benevolent societies, &c. (See Chap. V, post.) Parsonages for Presiding Elders.— For the Act relating to par- sonages for use of presiding elders of the Methodist Episcopal Church (Laws 1867, chap. 365, and Laws 1868, chap, 784), see Chap. IV, post. TAXATION AND EXEMPTION. [Rev. Stat. Title 1, part 1, chap. 13, § 4—1 E. S. 338.] The following property shall be exempt from taxation ******** Every building erected for the use of a college, incorporated academy or other seminary of learning every building for public worship, every school-house, court-house and jail, and the several lots whereon such buildings are situated, and the furniture be- longing to each of them. Exceptions. — In the city of New York, buildings for public worship, school-houses and seminaries, are not exempt, unless exclusively used for such purposes, or are the exclusive property of a religious society or of the New York Public School Society. Laws 1852, chap. 283. Private Schools not Exempt. — The statutory exemption does not ex- tend to private schools or seminaries. It applies only to property used by the public for the purposes of educa- tion, or which belongs to a corpora- tion created for the advancement of learning, and devoted to educational purposes. Chegarayv. The Mayor, IS N.Y. 320; reversing Chegaray v. Jenk- ins, 5 N. Y. 376. Action to Set Aside Tax Sale-— An action in Equity may be main- tained by a religious corporation, to set aside a tax, and a sale of its prop- erty for its non-payment, where no deed has been executed. Congrega- tion Bhaa/ra,i Tephila v. The Mayor, 53 How. Pr. 313, Sp. T. Church Property not Exempt from Assessments. — Religious cor- porations are not exempt from paying an assessment, made for a local im- provement, which tends directly to enhance the value of property in the vicinity where such improvements are made. Barlem Presbyterian Churchy. The Mayor, 5 Hun, 443. Trustee may Act as Assessor. — A trustee of a religious corporation own- ing property liable to assessment, is not by reason of his holding the office of trustee, disqualified from acting as a commissioner to levy such assess- ment. People v. The Mayor, 63 N. Y. 391. Rule as to Assessing Church Prop- erty. — In assessing church property the rule, making the market value the sole guide, may be departed Irom, and the use to which the property, is devoted may be considered. People V. The Mayor, 63 N. Y. 291. 64 RELIGIOUS CORPORATIONS. The personal property of any minister of the gospel, or priest of any denomination, and tiie real estate of such minister or priest, when occupied by him, provided such real and personal estate do not exceed the value of one thousand five hundred dol- lars. Assessors Not Liable. — Assessors in the performance of their duties act in a judicial capacity, and no action can be maintained against them for errors in assessing property erroneous- ly. Vail V. Owen, 19 Barb. 22. Property of benevolent and Missionary Societies, d;c. ******** Every poor-house, alms-house, house of industry, and every house belonging to a company incorporated for the reformation of offenders, or to improve the moral condition of seamen, and the real and personal property used for such purposes, belonging to or connected with the same. (Laws of 1866, chap. 136.) ******** All stocks owned by the State, or by literary or charitable in- stitutions. ******** Stocks owned by charitable institutions are exempt for benefit of such in- stitutions only, and not for the benefit of the moneyed or stock corporations. (Laws 1845, chap. 195.) Cemetery lands and property are also exempt by Laws 1847, chap. 133, as amended by Laws 1869, chap. 708. But when lands cease to be used for cemetery purposes, any judgment, tax or assessment, shall thereupon become a lien and charge on said lands. Laws 1879, chap. 310. (See Cemeteries, Chap. VI, po^.) Parts of Bevised Statutes not Ajpplicable to Beligious Corpora- tions. [Laws 1871, chap. 883, passed May 2.] § 1. The eleventh section of the fourth title of chapter eigh- teen of the first part of the Revised Statutes, is hereby amended so as to read as follows: "The provisions of this title shall not apply to any religious society, nor to any moneyed corporation, which shall have been or shall be created, or whose charter shall be renewed or extended after the first day of Januarj^, one thou- sand eight hundred and twenty-eight, and wliich shall be subject to the provisions of the second title of this chapter." CHANGE OF NAME. 65 HOW SOCIETY MAY CHANGE ITS NAME. Society must Comply with Provisions of Act of 1847. [Laws 1853, chap. 323, passed June 4.] § 1. Any religions corporation incorporated under the laws ■of this state may make the application for a change of its cor- porate name in the manner provided in tiie act entitled "An act to authorize persons to change there names," passed December 14, 1847, which application shall be made to any of the officers designated in the first section of said act, within the county in which said corporation ■ was so originally incorporated and is located, and upon such proceedings may obtain an. order author- izing the assumption by such corporation of a new name, and upon fully complying with the requirements of said act shall be known by such new and assumed name, and by no other. Act of 1§47. The act of 1847 above referred to (Laws, chap. 464.) ig as follows : § 1. Any person residing in any county of this state, except in the city and county of New York, may apply to the county court of such county, and any person residing in the city of New York, may apply to the court of com- mon pleas of the city and county of New York, for an order to authorize such applicant to assume another name. If such applicant be a minor he shall apply by guardian or next friend. (As amended Laws 1860, chap. 80.) § 3. Such application shall be by petition which shall set forth the grounds of the application, and shall be verified by the afiidavit of the ap- plicant annexed thereto or indorsed thereon. § 3. If the court to which such application shall be made shall be satisfied by such petition, so verified, or by affidavits presented, that there is no reason- able objection that such person should assume another name, such court shall make an order authorizing such applicant to assume such other name, from and after some time not less than thirty days, to be specified in such order. It shall be the duty of the county clerks for the several counties of this State, except the city and county of New York, and of the clerk of the court of common pleas for the city and county of New York, annually, in the month of December, to make a return to the office of »the secretary of state of all changes of names of persons made under and by virtue of this act ; and the names of such persons before and after such changes, as the same shall ap- pear in such returns shall be published in a tabular form with the Session Laws of each year. (As amended Laws 1860, chap. 80.) § 4. Within ten days after granting such order, such applicant shall cause a copy thereof to be published in a. public newspaper printed in the county in which he shall reside at the time of tnaking such application. § 5. Within twenty days from the granting of such order, such applicant shall cause such petition, affidavit or affidavits order and an affidavit of the publication of such order to be filed and recorded in the county clerk's office of the county in which such applicant shall reside at the time of making such application. § 6. When the reqnirements of this act shall be complied with, the appli- cant shall from and after the day specified for that purpose in such order be known by the name which by such order he shall be authorized to assume, and by no other. QQ RELIGIOUS CORPORATIONS. § 7. If any suit or legal proceeding shall be commenced by his former name, against any person whose name shall have been changed pursuant to this act, such suit or proceeding shall not be abated, nor any relief or recov- ery sought thereby, be prevented by such misnomer, but the plaintiff or party instituting such suit or proceeding may amend in respect to the name of the person against vrhom it shall be commenced, at any time and without costs. When Society may Assume Neno Narrhe. § 2. The officer to whom such application shall be made shall also be authorized to grant an order allowing any such religious corporation to assume such other and new name, not previously assumed by any other existing religious corporation, on being satisfied by the petition presented to him therefor, verified by oath or by affidavit, that the name of such corporation, by reason of the change of its location or place of worship, or of the name of the place in which its place of worship is situated, or any other change of the circumstances with reference to which its name was adopted, has become incongruous or inconvenient, or that the location or character of such corporation will be more correctly or effectually designated by such change of name. As to Reformed Dutch Churches, who may deem it necessary to change corporate name in consequence of any change in their organization, by rea- son of the election of trustees, or otherwise, see Laws 1835, chap. 90, § 9, ante. HOW SOCIETIES MAT CONSOLIDATE. Corporations organized under % 3, Act of 1813, may Unite. [Laws 18T6, chap. 209, passed AprU 29.] § 1. Any two or more religious corporations, incorporated under the provisions of the third section of chapter sixty of the laws of eighteen hundred and thirteen, entitled "An act to pro- vide for the incorporation of religious societies," and the several acts amendatory thereof or supplemental thereto, are hereby au- thorized to tniite and consolidate themselves into a single corpo- ration in the manner following. Agreement for Union — Contents. § 2. The said corporations may enter into an agreement un- der their respective corporate seals for the union and consolida- tion of the said corporations, setting forth the terms and condi- tions thereof, the name of the proposed new corporation, the names of the persons who shall be its church-wardens and vestry-mcn, minister, elders and deacons or trustees, or other officers, as the case may be, until the first annual election of the proposed new corporation, and fixing the day of its annual election. CONSOLIDATION. 67 Petition to Supreme Court — Contents. § 3. Each of the said corporations may make its separate pe- tition to the Supreme Court for an order for such union and con- solidation, setting forth in such petition the reasons for such union and consolidation, the agreement made pursuant to the second section of this act, ail its property, real and personal, all its debts and liabilities, and the amount and sources of its annual income. Agreement for Union — how Approved. § 4. A meeting of each of said corporations, to consider and act upon the proposed union and consolidation, and the agree- ment and petition therefor, shall be called by a notice given in the same manner, and for the same length of time, as is provided for notices of election of trustees, in the said third section of the act hereby amended ; and in case the proposed union and consoli- dation, and the agreement and petition therefor shall receive the approval of three-fourths of the persons entitled to vote at an elec- tion of trustees of each of the corporations assembled at such meet- ing, or at an adjourned meeting, or a subsequent meeting called in like manner, then, and not otherwise, the proposed union and consolidation may be proceeded wth, and the petition presented to the court. Order for iJonsolidation — Interested Parties entitled to Hearing. % 5. Upon such petitions from each of such corporations so proposing to be united and consolidated, and upon the said agree- ment, and the proceedings of the meetings prescribed in the fourth section, satisfactorily proved or certified, the Supreme Court may, in case it shall deem it proper, make an order for the union and consolidation of such corporations, determining all the terms, con- ditions and provisions thereof. All parties interested therein may be heard on such petition. Entry of Order. § 6. When such order is made and entered, according to the practice of the court, the said corporations shall be united and consolidated into one corporation, by the name designated in the order, and it shall have all the rights and powers, and be subject to all the obligations of religions corporations under the act to which this is supplementary, and the acts amendatory thereof and supplementary thereto. Sights amd Liabilities of New Corporation. § 7. And thereupon all the estate, rights and property of whatsoever nature, belonging to either of said corporations, shall. €8 EELIGIOUS COEPORATIONS. without further act or deed, be vested in and transferred to the new corporation as effectually as they were vested in or belonged to the former corporations, and the said new corporation shall be liable for all the debts and liabilities of the former corporations, in the same manner and as effectually as if said debts or liabilities had been contracted or incurred by it. The act of 1874 (Laws, chap. 37), authorized two corporations only to Tinite. The act of 1875, supra, authorizes the union of two or more corpora- tions. In other respects, the act is identical with the act of 1874, which it repeals by implication. In 1876 (Laws, chap. 176), the right to consolidate was extended to all religious societies, and to churches of different denominations. See infra. UNION OF CHUECHES OF DIFFERENT DENOMI- NATIONS. Agreement for Union — Contents— 'How Approved in Episcopal Churches — Petition to Conrt — Contents — Order for Consoli- dation. [Laws of 1876, chap. 176, passed April 26.] § 3. Any two or more of the corporations aforesaid [any church, congregation or religious society, incorporated under any of the laws of this State], are hereby authorized to unite and con- solidate themselves into a single corporation of the denomination to which at least one of such corporations shall belong, in the manner following: The said corporations may enter into an agreement under their respective corporate seals for the union and consolidatiop of the said corporations, setting forth the terms and conditions thereof, the name of the proposed new corpora- tion, the church or denomination to which it shall belong, the names of the persons who shall be the church-wardens or vestry- men, or elders and deacons, or trustees or other officers, as the case may be, until the first annual election of the proposed new corporation, and fixing the date of such election. But in the case of Protestant Episcopal Churches, no such agreement shall be valid unless approved by the bishop and standing committee of the diocese in which such churches are situated. Each of the said corporations may make its separate petition to the Supreme Court, in the judicial district in which such corporations are situated, for an order for such union and consolidation, setting forth in such petition the reasons for such union and consolidation, the agree- ment made as hereinbefore provided, and a statement of all of its DISSOLUTION. 69 propertj, real and personal, all its debts and liabilities, and the amount and sources of its annual income. Upon such petition from each of such corporations so proposing to be united and con- solidated, and upon the said agreement, satisfactorily proved or certified, the Supreme Court may, in case it shall deem it proper, make an order for the union and consolidation of such corpora- tions, determining all the terms, conditions and provisions thereof. All parties interested therein may be heard on such petition. "When such order is made and entered, according to the practice of the court, the said corporations shall be united and consolidated into one corporation, by the name designated in the order ; and it shall have all the rights and powers, and be subject to all the ob- ligations of religious corporations under the act to virhich this is supplementary, and the acts amendatory thereof and supplemen- tary thereto., Section 1 of this act provides how the temporalities of the church shall be administered, and will be found under section 6 of the act of 1813, supra; section two relates to rents, see mpra, under section 4 of the act of 1813, nights and Liabilities of New Corporation. § 4. And thereupon all the estate, rights and property, of whatsoever nature, belonging to either of said corporations, shall, without further act or deed, be vested in and transferred to the new corporation as effectually as they were vested in or belonged to the former corporations, and the said new corporation shall be liable for all the debts and liabilities of the former corporations, in the same manner and as effectually as if said debts or liabilities had been contracted or incurred by it. DISSOLUTION OF SOCIETIES EXCEPT IN NEW YORK CITY. y^hen and how Beligious Societies may he DissoVoed amd Prop- erty sold. [Laws 1872, chap. 424, passed April 27.] § 1. Whenever any religious society incorporated by law shall cease to act in its corporate capacity and keep up the religious services, it shall be lawful for ithe Supreme Court of this State, upon the application of a majority of the trustees thereof incor- porated by law, except in the city and county of New York, in case said court shall deem it proper so to do, to order and decree a dissolution of such religious society, and for that purpose to 70 RELIGIOUS CORPORATIONS. order and direct a sale and conveyance of any and all property belonging to such society, and after providing for the ascertaining and payment of the debts of such society, and the necessary costs and expenses of such sale and proceedings for dissolution, so far as the proceeds of snch sale shall be sufficient to pay the same ; such court may order and direct any surplus of such proceeds re- maining after paying snch debts, costs and expenses, to be de- voted and applied to any such religious, benevolent, or charitable objects or purposes as the said trustees may indicate by their peti- tion and the said court may approve. Petition — What to Contain. § 2. Such application to said court shall be made by petition, duly verified by said trustees, wliich petition shall state tlie par- ticular reason or causes why sucli sale and dissolution are sought ; the situation, condition, and estimated value of the property of said society or corporation, and the particular object or purposes to which it is proposed to devote any surplus of the proceeds of such property ; and such petition shall, in all cases, be accompanied Avith proof that notice of the time and place of such intended ap- plication to said court, lias been duly published once in each weeK for at least four weeks successively, next preceding such applica- tion, in a newspaper published in the county where such society is located. When Members may make Application. § 3. In case there shall be no trustees of such religious society residing in the county in which such society is located, such ap- plication may be made, and such proceedings taken, by a major- ity of the members of snch religious society residing in such county. DISTUKBANCE OF KELIGIOUS MEETINGS. Meetings not to he Disturbed — Liquor not to he Sold within Two Miles of Meeting — Nor Shows Exhibited — Nor JSacing or Gaming Engaged in — Nor Highways obstructed. [Rev. Stat., Part 1, Title 8, Chap. 20, Art. T.] § 64. No person shall wilfully disturb, interrupt or disquiet any assemblage of people met for religious worship, by profane discourse, by rude and indecent behavior, or by making a noise either within the place of worship, or so near it as to disturb the DISTURBANCE OF MEETINGS. n order and solemnity of the meeting ; nor shall any person within two miles of the place where any religious society shall be actu- ally assembled for religious worship, expose to sale or gift, any ardent or distilled liquors, or keep open any huckster-shop in any other place, inn, store or grocery, than such as shall have been duly licensed, and in which such person shall have usually re- sided or carried on business ; nor shall any person, within the distance aforesaid, exhibit any shows or plays, unless the same shall have been duly licensed by the proper authority ; nor shall any person within the distance aforesaid, promote, aid, or be en- gaged in any racing of any animals, or in any gaming of any description ; nor shall any pei'son obstruct the free passage of any highway to . any place of public worship, within the distance aforesaid. Disturbance of Public Worship. — A member of the church or a pew- holder is as much bouad to observe order and decorum during divine service as a mere stranger; and if he interrupts such services in any way, he may be removed by force, though not guilty of a wilful disturbance. Wall V. Lee, 34 N. Y. 141 ; Beckett v. Lawrence, 7 Abb. N. S. 403. In an action to recover damages for assault and battery, for having been ejected for disturbing a religious meet- ing, it is not necessary to show that the plaintiff was guilty of a wilful disturbance to justify the attempted removal. Id. (a) But a regulation that a person shall not go out during service is a restraint on personal liberty, and af- fords no protection to the officer who attempts to enforce it. Peopley. Brown, 1 Wheeler's Or. Ca. 124. Actions against Railway Com- panies. — An action may be brought by a religious corporation to recover damages against a railway company, in consequence of the noise occasioned by its trains, which disturbs and inter- feres with divine worship. First Bap- tist Church in Schenectady v. 8. & T. B. B. Co. 5 Barb. 79. A recovery is had upon the principle that every one must use his own so as not to injure another. Id. But see contra. First Baptist Church in Schenectady y. U. & S. B. B. Co. 6 Barb. 313. Penalty — Proceedings to Enforce. § 65. Whoever shall violate either of the provisions of the foregoing section, may be convicted summarily before any justice of the peace of the county, or any mayor, recorder, alderman or other magistrate of any city, where the offense shall be com- mitted, and on such conviction, shall forfeit a sum not exceeding twenty-five dollars, for the benefit of the poor of the county. Apprehension of Offenders. § Q&. It shall be the duty of all sheriffs, and their deputies, coroners, marshals, constables, and other peace ofiicers, who may be present at the meeting of any assembly for religious worship, which shall be interrupted or disturbed in the manner herein prohibited, to apprehend the offender, and take him before some RELIGIOUS CORPORATIONS. justice of the peace, or other magistrate authorized to convict as aforesaid, to be proceeded against according to law. Before what Justice. — A person arrested on a warrant charged with having violated the statute to prevent disturbances of religious meetings, should be taken before the officer who issued the warrant. People v. IhaUr, 17 Wend. 211. It seems if the officer who issued the warrant is absent, that fact should be stated in the return of the officer making the arrest. Id. Offenders may he Ordered into Custody by Judicial Officers. § 67. All judges, mayors, recorders, aldermen, and justices of the peace, within their respective jurisdictions, upon their own view of any person offending against the provisions of this article, may order the offender into tlie custody of any officer in the preceding section named, or of any official member of the church or society so assembled and disturbed, for safe keeping until be shall be let to bail, or a trial for such offense be had. When GfEender may be Commit- ted, without a Warrant. — A justice of the peace upon his personal view of an offense against the statute to prevent disturbances of religious meet- ings, may order the offender into cus- tody, without issuing a warrant. Far- rell V. Warren, 3 Wend. 353. Warrant need not contain Jur- isdictional Facts. — In an action against a justice of the peace for false imprisonment, on a charge of violat- ing the statute to suppress immorali- ty, the facts and circumstances giving the magistrate jurisdiction, need not appear in the warrant issued by him, but may be shown aliunde. Atchin- son V. Spencer, 9 Wend. 63. Proceedings, if Penalty not Paid. § 68. If any person convicted of any of the offenses herein prohibited, shall not immediately pay the penalty incurred, with the costs of the conviction, or give security to the satisfaction of the officer before whom the conviction shall be had, for the pay- ment of tlie said penalty and costs within twenty days thereafter, he shall, be committed by warrant to the common jail of the county, until the same be paid, or for such term, not exceeding thirty days, as shall be specified in the warrant. Security for Pines.^Security for a fine imposed for a violation of the statute to prevent disturbance of a religious meeting, need not be in the name of the people, it may be given in the name of the clerk of the court where the conviction is had. Ohat- fieU V. I¥ye, 19 Wend. 545. Accused Entitled to Jury Trial. [Laws 1884, chap. 78, passed April 8.] § 1. From and after the passage of this act, it shall and may be lawful for any person who may be complained of for a viola- tion of any of the provisions of the article hereby amended [Art. 7 of Chap. 20, title 8, Part 1, of the Revised Statutes], before the Procedure. 73 court shall proceed to investigate the merits of the cause, to de- mand of such court that he may be tried by a jury. Upon such demand, it shall be the duty of such court to issue a venire, to any constable of tlie county, or marshal of the city, where the offense is to be tried, commanding such officer to summon the same number of jurors, and in the same manner, as is provided for the summoning of jurors before courts of special sessions. The said court shall proceed to impanel a jury for the trial of said cause, in the same manner, and shall be subject to all the rules and regulations prescribed in the act providing for trials by jury in courts of special sessions. Costs. § 2. 'In addition to the costs allowed by law for prosecutioa under the article hereby amended, all the costs consequent upon: a trial by jury shall be added and paid by the party offending, in, case of conviction, and shall be the same as is allowed by law in, civil cases. Proceedings to Collect Penalties Imposed for Disturbing Relig~ ious Meetings. [Rev. Stat., Part 1, title 8, Chap. 20, Art. 9.] § Y3, Whenever complaint shall be made to any justice of the peace, mayor, recorder, or alderman, of a violation of either of the provisions contained in the three last articles, relative to pro- fane swearing, the disturbance of religious meetings, or the ob- servance of Sunday, or when any of such violations shall happen in the presence gf such officer, he shall cause the offender to be brought before him, and shall proceed summarily to inquire into the facts ; and if the person charged be found guilty, a record of his conviction shall be made and signed by such officer, before issuing any process to enforce the same ; which conviction shall be final, and not be re-examined upon the merits in any court. Party may Voluntarily Appear. — Under the proceedings against per- sons for disturbing religious meetings, a party may voluntarily appear and join issue, or confess the complaint. Process need not necessarily issue. Vaster v. Bm,it\ 10 Wend. 377. Offender must Appear before Magistrate. — Where a party against whom a summons has issued fails to appear, the magistrate can not upon a return of the summons personally served take proofs, unless the offender is brought before him. Bigelow v. Stearns, 19 Johns. 39. Offender Must he Prosecuted Within Twenty Da/ys. §. 74. No prosecution shall be maintained for any of the vio- lations specified in the preceding section, unless the same be ' instituted by the actual issuing of process to apprehend the 6 74 RELIGIOUS CORPORATIONS. offender, or by his actual appearance to answer the complaint, within twenty days next after the offense committed. Execution to Collect Penalties. § T5. Upon a conviction being had for any of the offenses in the three last articles specified, where no other special provision is made for the collection of the penalties incurred, the magistrate before whom the same is made, shall issue an execution to any constable of the county, commanding him to levy the said penal- ties and the costs of the conviction, by distress and sale of the goods and chattels of the offender, and in case sufficient goods and chattels cannot be found, then to commit such offender to such common jail of the county, for such time as shall^e speci- ffed in such execution, not less than one day nor more than three days. Certificate of Conviction, When and Where filed. % 16. Within thirty days after any such conviction shall bo had, the magistrate making the same, shall cause to be filed in the office of the clerk of the county, a certificate of such convic- tion, briefly stating the offense charged, the conviction and judg- ment thereon, and if any fine has been collected, the amount thereof, and to whom paid. JFees of Justices and Officers. § 77. In all prosecutions for any of the offenses specified in the three last articles, the like fees shall be allowed and taken as in civil suits before justices of the peace, which shall in no case exceed five dollars, and be paid by the party offending, over and above the penalties incurred ; but in case of the imprisonment of the offender, no charges or fees shall be allowed. CHAPTBE IV. PARTICULA.R CHURCHES— FREE CHURCHES— GOVBRNINa BODIES. EOMAN CATHOLIC CHUECH. Mode of Incorporation — Duplicate CerlJificates — Trustees — Succession — Yacancies. [Laws 1863, chap. 45, passed March 28.] Sec. 1. The act entitled "An act to provide for the incor- poration of religious societies," passed April 5, 1813, is hereby amended by adding thereto the following provisions : 1. It shall be lawful for any Eoman Catholic Church or con- gregation now or hereafter existing in this State, to be incorpor- ated according to the provisions of this act ; the Eoman Catholic archbishop or bishop in the diocese in which such church may be erected, or intended so to be, the vicar-general of such diocese, and the pastor of such church for the time being, respectively, or a majority of them, may select and appoint two laymen, members of such church, and may, together with such laymen, sign a cer- tificate, in duplicate, showing the name or title by which they and their successors shall be known and distinguished as a body cor- porate, by virtue of this act ; which certificate shall be duly ac- knowledged or proved in the same manner as conveyances of real estate ; and one of such certificates shall be filed in the oflSce of the Secretary of State, and the other in the office of the clerk of the county in which said church may be erected, or intended so to be; and thereupon such church or congregation shall be a body corporate by the name or title expressed in such certificate, and the said persons so signing the same shall be the trustees thereof. The successor of any such archbishop, bishop, vicar-general or pas- tor, respectively, for the time being, shall, by virtue of his office, be the trustee of such church in place of his predecessor, and such laymen shall hold their office respectively for one year; and whenever the office of such layman shall become vacant, by death, removal, resignation or otherwise, his successor shall be appointed in the same manner as herein provided for his original selection. 76 RELIGIOUS COKPOKATIONS. Trustees — Their Powers — Shall fx Pastor's salary — Income. 2. The trustees of every such church or congregation, and their successors, shall have all the powers and authority granted to the trustees of any church, congregation or society, by the fourth section of an act entitled " An act to provide for the incor- poration of religious societies," passed April 6, 1813 ; and shall also have the power to fix or ascertain the salary to be paid to any pastor or assistant pastor of such church. But the whole real and personal estate of any such church, exclusive of the church edifice, parsonage and school-houses, together with the land on which the same may be erected, and burying-places, shall not exceed the annual value or income of three thousand dollars ; but nothing herein contained shall be held or taken to repeal, alter or impair the efiect of chapter 360 of the Laws of 1860. Income. — In 1875 (Laws, chap. 443) an act was passed allowing any religious society to take and hold property, the net annual income of which shall not exceed $12,000. The act of 1860 (Laws, chap. 360), provides that no person having a husband, wife, child or parent, shall by will give to any church or society more than one-half of his or her property. See ante, Chap, in, Act of 1813, under § 4. Inventory — Exhibition and Filing, 3. The trustees of any church incorporated under this act are required to exhibit, upon oath, to the supreme court in the ju- dicial district in which the church is situated, once in three years, an inventory of all the estate, real and personal, belonging to such church, and of the annual income thereof, which inventory shall be filed in the oflSce of the clerk of the county in which such building is situated. Dissolution — Re-Incorporation. 4. Whenever any church incorporated under this act shall be dissolved, by means of any non-user or neglect to exercise any of the powers necessary for its preservation, or otherwise, the same may be re-incorporated in the mode prescribed in this act, within six years from the date of such dissolution, and thereupon all the property, real and personal, belonging to such dissolved cor- poration, at the time of its dissolution, shall vest in such new corporation. Conveyances to Church confirmed. 5. All conveyances to any church incorporated under this act, of any real estate heretofore appropriated to the use of such church or the congregation thereof, or intended so to be, are hereby confirmed and declared valid and eflfectual. GREEK CHURCH. 77 GKEEK CHUEOH. Dxi/plicate Certificates — How Executed — Russian Minister and Consul General the Trustees. [Laws 1871, chap. 12, passed January 31.] Sec. 1. The act entkled " An act to provide for the incor- poration of religious societies," passed April fifth, 1813, is hereby amended by adding thereto the following provisions : 1. It shall be lawful for any church or congregation of the ^' Christian Orthodox Catholic Church of the Eastern Confession," now or hereafter existing in this State, to be incorporated accord- ing to the provisions of this act. The Envoy Extraordinary and Minister Plenipotentiary of Russia to the United States, and the Consul General of Kussia to the United States, then acknowl- edged and received as such by the government of the United States, may sign a certificate in duplicates, showing the name or title by which they and their successors shall be known and dis- tinguished as a body corporate by virtue of this act, which certi- ficate shall he duly acknowledged or proved, in the same manner as conveyances of real estate ; and one of such certificates shall be filed in the office of the Secretary of State and the other in the office of the clerk of the county in which such church may be erected or intended so to be ; and thereupon such church or con- gregation shall be a body corporate, by the name or title ex- pressed in , such certificate, and the persons so signing the same shall be the trustees thereof. The successors in office of such En- voy Extraordinary and Minister Plenipotentiary and Consul Gen- eral, for the time being acknowledged and received as aforesaid, shall by virtue of their office be the trustees of such church, in place of their predecessors. Powers of Trustees — Shall fix Pastor's Salary — Income. 2. The trustees of every such church or congregation, and their successors, shall have all the powers and authority granted to the trustee or trustees of any church, congregation or society, by the fourth section of the act entitled " An act to provide for the incorporation of religious societies," passed April fifth, eighteen hundred and thirteen, and shall also have power to fix or ascer- tain the salary to be paid to any pastor or assistant pastor of such church appointed or commissioned according to the rules and regulations of such church, but the whole real and personal estate of any such church, exclusive of the church edifice, parsonage and school-houses, together with the land on which the same may be 78 RELIGIOUS CORPORATIONS. erected, and burying places, shall not exceed the annual value or income of three thousand dollars ; but nothing herein contained shall be held or taken to repeal, alter or impair the effect of chap- ter three hundred and sixty of the laws of eighteen hundred and sixty. Inventory — Exhibition and FiUng. 3. The trustees of any church incorporated under this act are required to exhibit, upon oath, to the Supreme Court in the ju- dicial district in which the church is situated, once in three years, an inventory of all the estate, real and personal, belonging to such church, and of the annual income thereof, which inventory shall be filed in the office of the clerk of the county in which such build- ing is situated. Dissolution — He-Incorporation. 4. "Whenever any church incorporated under this act shall be dissolved, by means of any non-user or neglect to exercise any of the powers necessary for its preservation or otherwise, the same may be re-incorporated in the mode prescribed in this act, within six years from the date of such dissolution, and thereupon all the property real and personal, belonging to such dissolved corpora- tion, at the time of its dissolution, shall vest in such new corpora- tion. Conveyances to Church Confirmed. 5. All conveyances to any church incorporated under this act, of any real estate heretofore appropriated to the use of such church or the congregation thereof, or intended so to be, are hereby con- firmed and declared valid and effectual, but nothing herein shall affect any suit or proceedings now pending involving the right or title to any property so conveyed. EEFORMED PRESBYTERIAN" CHURCH. The Trustees — Certificate — Minister's salary — Pew rents. [Laws 1822, chap. 187, passed April 12.] 1. The minister or ministers, and elders and deacons, and if during any time there shall be no minister, then the elders and deacons, during such time, of every Reformed Presbyterian Church or congregation, elected according to the rules, constitution and usages of the Reformed Presbyterian Church now or hereafter to be established within this State, shall be the trustees for every such REFORMED PRESBYTERIAN CHURCH. T9 church or congregation ; and it shall be lawful for tlie said trustees, if not already incorporated, to assemble together as soon as they shall deem it convenient, and execute under their hands and seals,, a certificate, stating the name and title by which they and their successors in office, forever, as a body corporate, by virtue of this act, shall be known and distinguished, which certificate shall be duly acknowledged or proved in the manner directed by the " act to provide for the incorporation of religious societies," with regard to the certificates of other religious societies incorporated under the said act, and shall be thereupon recorded by the clerk of the, county in which such church or congregation is established, in the book by him provided according to the direction of the aforesaid act ; and such trustees and their successors shall thereupon, by virtue of tliis act, be a body corporate, by the name or title ex- pressed in such certificate ; and such trustees and their successors so elected and incorporated, shall, by and in such name or title, have, hold, possess and enjoy, all and singular the rights, liberties, powers and privileges, and be subject to all the duties and limita- tions of trustees, mentioned and prescribed in and by the aforesaid act, to which this act is supplementary, and may hold property in the manner and to the amount therein prescribed, with regard to the religious societies incorporated under that act : Provided, That they shall not at any time determine or alter the minister's salary, or the annual rent of pews, but that the same shall be al- ways subject to the vote of the congregation, -any thing in this act, or in the act to which this is supplementary, to the contrary not- withstanding. Deacons alone may he Trustees and Incorporate Society. [Lawa 1866, chap. 447, passed April 7.] § 1. When any Keformed Presbyterian Church or congrega- tion shall, by resolution duly passed at a meeting of the churcli or congregation, determine that the deacons of such church or congregation shall be the trustees for such church or congregation alone, then it shall be lawful for the deacons of every such churcli or congregation now or hereafter to be established in this State to be the trustees of every such church or congregation ; provided that they shall have been elected according to the rules, constitu- tion and usages of the Reformed Presbyterian Church, and are actively engaged in the exercise of their office in said church or congregation. And it shall be lawful for the said trustees, if not already incorporated, to assemble together and proceed to incor- porate themselves, in the mode prescribed in and by the act enti- tled " An act to provide for the incorporation of religious socie- ties,"' passed April fifth, eighteen hundred and thirteen, and the act entitled " An act supplementary to the act entitled ' An act 80 RELIGIOUS CORPORATIONS. to provide for the incorporation of religious societies,' passed April fifth, eighteen hundred and thirteen," passed April twelfth, eighteen hundred and twenty-two. Reformed Pregbyterian Cburcli in Blew York City. — By the Laws of 1860 (chap. 98), the members of the congregation belonging to the Reformed Presbyterian Church in the city of New York, are created an inde- pendent corporate body, known as " The Consistory of the Reformed Pres- byterian Church in the city of New York," subject in all respects to the pro- visions of the act of April 5, 1813, except that its trustees have no power " to determine or alter " the ministers salary, or the annual rent of pews. It is also authorized to hold property " the rents, issues and profit whereof, shall not annually exceed the whole sum of five thousand dollars." But as to income, see Laws 1875, chap. 443. BAPTIST CHUECH. Churches now Organized, or to he Organized. [Laws 1876, chap. 329, passed April 16.] § 1. It shall be lawful for any Baptist Church now organized, or that may hereafter be organized in this State, to secure the benefits of incorporation according to the provisions of this act. Qualification of Incorporators — Election of Trustees — Who Eligible. § 2. The members of any such church, of full age , and every person of full age who shall, for one year preceding, have been a paying pew-holder, or seat-holder in the place of worship of said church, or shall have been during said year a yearly paying sub- scriber for the support of said church, may assemble at the place of worship of said church, and by a majority of the votes of such persons elect three, six or nine of said qualified voters as a board of trustees, and such trustees and their successors shall be a body corporate by the title expressed in the certificate hereinafter re- quired to be filed. Notice of Meetings for Elections. § 3. Public notice shall be given of the meeting for the first election of trustees under this act, and also of all subsequent meet- ings for the election of trustees, at one regular service of the church on each of the two Sundays next preceding such elections, the object, time and place of such meetings to be distinctly stated in said notices. BAPTIST CHURCH. 81 Trustees to he Divided into Classes. § 4. The trustees thus elected shall be so divided by lot at the first election that one-third of them shall go out of office at the ex- piration of one year, one-third at the end of two years, and one- third at the end of three years ; and thereafter the term of service, of one- third of their number shall expire annually, and their place or places shall be filled by a new election, as provided in section third. Certificates, where Filed — Meetings of Trustees — Quorum. § 5. The trustees first e lected shall file in the office of the clerk or register of the county In which the church is located, a certifi- cate of their election, duly signed by the chairman and secretary of the meeting at which said election took place, and thenceforth the board of trustees so organized shall be a body corporate by the name expressed in the certificate so filed. Such trustees shall hold regular meetings for business at such time and place as they may appoint, and special meetings may be called by any three of them ; a majority of the whole number shall be a quorum for the transac- tion of business, and a majority of the votes cast on any question sliall decide such question. Powers of Trustees — Certain Powers Reserved to Corporators. § 6. Such trustees shall have and use a common seal, and may renew and alter the same at their pleasure, and shall take charge of the property of said church, both real and personal ; transact all business relating to the renting of pews, the payment of the pas- tor's salary, and all the otlier temporalities of said church ; but such trustees shall have no right to divert the property of said church from uses appointed by the church, or to settle or remove any pastor or minister of said church, or to change or determine his salary or compensation ; or to fix or change the times, nature or order of the public or social worship of said church ; or to alien- ate, sell or incumber the property of said church, or to incur debts beyond what may be necessary for the proper care, repairs and preservation of the property of said church, unless such authority is specially conferred by said church upon such trustees ; and such authority to alienate, sell or incumber shall be valid only when ap- proved by a majority present at a meeting of the persons qualified to vote for trustees, such meeting to be called as provided in sec- tion third of this act. In other respects the trustees shall have all the rights, powers and duties granted by law to trustees of re- ligious corporations. 82 RELIGIOUS CORPORATIONS. Vacancies — How filled. § 7. Whenever a person elected trustee shall, for the term of six consecutive months, cease to attend and to support tlie wor- ship of said church, his place may be declared vacant by an official notice of the board of trustees to the church, and a new election 'shall be ordered to fill such vacancy, as provided in section third of this act. Reorganization — Trustees — Conveyances. § 8. In case any church previously enjoying the benefits of in- corporation may have already reorganized under the provisions of the act hereby amended, or shall hereafter reorganize thereunder, the trustees elected at such reorganization shall be the legal suc- cessors of those elected under any previous law ; and the latter shall at once convey to- the former all the property held by them in trust for said church, subject to the rights of all parties who mav have acquired an interest therein. (As amended Laws 1879, chap. 136.) The act of 1873 (Laws, chap. 633), authorizing incorporation of Baptist Churches, is repealed. (See title of chap. 829, Laws 1876.) FRIENDS. Former Deeds of Trust for Use of Society valid — Estates may he Transmitted and Continue. [Laws 1889, chap. 184, passed May 2.] § 1. All deeds or declarations of trusts of real or personal estate, heretofore executed and delivered to any person or persons, in trust, or for the use and benefit of any meeting of the religious society of Friends, and the trusts thereby created or declared, shall be valid ; and the legal estates may be transmitted, and the trusts so created or declared may be continued and pursued, so long as may be required for the purposes of the trusts, by convey- ances from the trustees nam^ in such deeds to other trustees ap- pointed by such meeting, and by conveyances from them to others appointed in like manner or otherwise, according to the direction of such meeting. Trusts and Legal Estates hereafter Created to Vest in the Trus- tees — Proviso — Annual Income from Property not to exceed $5,000. § 2. Trusts of real or personal estate, for the benefit of any FRIENDS. 83 meeting of the religious society of Friends, may be hereafter created for the use of such meeting, according to the regulations and rules of discipline of said society ; and the legal estate of any property so held in trust shall be vested in the trustees, and in those to whom such property may be conveyed in trust, by the appointment of any such meeting, so long as may be required for the objects and purposes of such trusts ; but nothing contained in this act shall be so construed as to impair or diminish the rights of any person, meeting or association of persons, claiming to be a meeting of the religious society of Friends, which such person, or meeting or association of persons claiming to be a meeting as aforesaidjhad either in law or equity to or in any real or personal estate, held in trust for the use and benefit of any meeting of the said religious society, prior to the division which took place in said religious society at the yearly meeting held in the city of New York, in the month of May in the year of our Lord one thousand eight hundred and twenty-eight ; and nothing in this act con- tained shall authorize any real or personal estate to be held in trust for any meeting of such society, the annual value or income of which shall exceed five thousand dollars. Death of Trustees — Vacancies , how Filled. § 3. In case of the death of all the trustees heretofore appointed, or who may be hereafter appointed by virtue of this act, any reg- ular meeting of the religious society of Friends, for whose use and benefit said property was held in trust, may appoint a trustee or trustees in the place of such person or persons, and the person or persons thus appointed by such meeldng shall succeed to and be invested with all the powers, rights and duties conferred by this act and the deed or declaration of t;rnst upon the trustee or trustees. (As amended Laws 1878, chap. 209.) Sale of Property — Deed, what to Contain. § 4. The trustee or trustees, or survivor of any trustees, ap- pointed pursuant to this act, may sell, convey and grant or demise any or all of the trust property described in said trust deed or declaration of trust to any person absolutely', or in trust for said meeting, whenever any meeting of said society shall by resolution direct the same to be sold and conveyed ; any conveyance of real estate or property so held in trust by any meeting of the religious society of Friends, which may hereafter be made under and in pursuance of a resolution of the meeting as provided herein, shall be as valid and effectual for the conveyance of the title of any real estate so held in trust, as if the heirs of any trustee who may have died prior to the passage of said resolution had joined in the exe- 84 EELIGIOUS CORPORATIONS. cution of said conveyance or demise. Any instrument for the sale or demise of said property shall embody the said resolution of said meeting, relating to said sale or demise of said property, and shall be executed by the said trustee or trustees ; and in said acknowl- edgement said trustee or trustees shall make an affidavit that the person or persons so executing said conveyance or demise are the trustee or trustees of said trust property, and that the said resolu- tion embodied in said conveyance or demise was duly passed^ by said meeting ; and the said affidavit thus made shall be prima facie evidence of the facts therein stated. (As amended Laws 1878, chap. 209.) UNITED SOCIETY OF SHAKERS. Trusts Executed to Shakers prior to 1830 Confirmed. — Estates and Trusts, how to Descend. [Laws 1839, chap. 1'74, passed April 18.] § 1. All deeds of trust in relation to real and personal estate executed and delivered prior to the first day of January, eighteen hundred and thirty, to any persons in trust for any United Society of the people commonly called Shakers, shall be valid and effect- ual to vest in the trustees the legal estates and interests purported to be conveyed by such deeds, to and for the uses and purposes declared therein, or declared by any declaration of trust, executed by such trustees, in the sat»e manner and to the same effect, as before the first day of January, eighteen hundred and thirty : and such legal estates and trusts, and all the legal authority with which the original trustees were vested by virtue of their appoint- ment and conferred powers, shall forever descend in regular suc- cession to their successors in office and trust, who in conformity to the constitution of said society have been duly chosen and ap- pointed. (As amended Laws 1849, chap. 373.) Trusts may be Created hereafter — Annual Income of Trust Property shall not exceed $5,000. § 2. Trusts of real and personal estate for the benefit of any United Society of the people called Shakers, may hereafter be created for the use of the members of any such society, according to the leligious constitution of such society ; and the legal estates of any property so held in trust, shall be vested in the trustees and in those to whom such property may be transmitted in trust by the appointment of any such society, so long as may be re- FEEE CHURCHES. 8» quired for the objects and purposes of such trusts. But no soci- ety shall become beneficially interested in any real or personal property, or acquire any equitable right or interest in such prop- erty, either directly or indirectly, the annual value or income of which, after deducting necessary expenses, shall exceed five thou- sand dollars, on pain of forfeiture of the privileges conferred by this act ; nor shall any trustee be a trustee of more than one such society at the same time. Meaning of Word "Society." § 8. The word " society," for the purposes of the preceding section, shall be construed and understood to mean and include all perbons of the religious belief of the people called Shakers, resi- dent within the same county. night to Repeal this Act. § 4. The Legislature may at any time alter, modify or repeal this act. FEEE CHURCHES. Who may Incorporate — Certificates in Duplicate, Execuiion, Contents and Filing — Trustees, their Number and Qualifir- cations — Certificates, how Approved. [Laws 1864, chap. 218, passed April 13.] § 1. Any seven or more persons of full age, citizens of the United States, and a majority of them being residents of this state, who shall associate themselves for the purpose of founding and continuing one or more free churches, may make, sign and ac- knowledge, before any oflScer authorized to take the acknowledg- ment of deeds of land to be recorded in this State, and may file in the office of the secretary of state, and also of the clerk of the county in which any such church is to be established, a certificate in writing, in which shall be stated the name or title by which such society shall be known in the law, the purpose of its organ- ization, and the names of seven trustees, of whom not less than five shall be persons who are not ministers of the gospel or priests of any denomination, to manage the same ; but such certificate shall not be filed, unless with the written consent and approbation of a justice of the supreme court of the district in which any such church shall be intended to be established, or in the city of New York of a judge of the superior court of said city, to be endorsed on such certificate. 86 RELIGIOUS CORPORATIONS. Provisions of Act for Incorporation of Benevolent Societies, how far AppliccMe — Exceptions. § 2. Upon the filing of such certificate, the persons named therein as trustees, and their successors, being citizens of the United States and residents of this State, shall be a body politic and corporate, with all the rights, powers and duties, and subject to all the restrictions and obligations and other provisions, so far as the same may be applicable and consistent with this act, speci- fied and contained in the act entitled " An act for the incorpora- tion of benevolent, charitable, scientific and missionary societies," passed April 12, 1848, and the act amending the same, passed April 7, 1849, except that the limitation in the first of the said ' acts of the value of the real estate that may be held by any so- ciety in the city or county of New Toi'k, incorporated under this act, shall not be applicable to any church edifice erected or owned by such society, or the lot of ground on which the same may be built ; and except that the provision in the first of the said acts, in relation to the personal liability of the trustees, shall be applic- able only to the trustees who shall have assented to the creation of any debt. For act authorizing incorporatioos of Benevolent Societies (Laws 1 848, chap. 319, see Chap. V, pott.) Provisions as to Trustees — YacanMes, how Filled, § 3. Any vacancies occurring in the said board of trustees shall be supplied by the remaining trustees at any legal meeting of the members ; but there shall always be at least five members of the board who are not ministers of the gospel or priests of any denom- ination. Pews to he Free — Sale or Mortgage of Realty to he Authorized hy Supreme Cov/rt. § 4. The seats and pews in every church, building or edifice, owned or occupied by any corporation organized under this act, shall be forever free for the occupation and use, during public worship, of all persons choosing to occupy the same, and conduct- ing themselves with propriety, and no rent, charge or exaction shall ever be made or demanded for such occupation or use ; nor shall any real estate belonging to any such corporation be sold or mortgaged by the trustees thereof, unless by the direction of the supreme court, to be given in the same manner and in the like cases as provided by law in relation to religious incorporations. Power to Erect Free Cburrlies Conferred on Religious Societies. — By the Laws of 1867, (chap. 657), any religious society incorpo- GOVERNING BODIES— GENERAL ACT. 87 rated under the laws of this State, may purchase land, and erect and main- tain thereon free churches, schools, mission-houses, hospitals, asylums, and dispensaries, and may appoint and employ, clergymen, teachers and others, to take the charge and management thereof. (See under section four of the act of 1813, Chap, ni, ante.) GOVERNING BODIES— GENERAL ACT. Trustees, how Chosen — Certificate, Contents and Recording. [Laws IS^B, chap. 110, passed April 11.] § 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, congregations or societies of any church or religious denomination in this State, now or hereafter to be constituted or established, and not already incor- porated, 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 oflScer and clerk of such governing body shall immediately 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 partic- ularly mentioned, which said certificate, being duly acknowledged by the said presiding ofiicer 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. Trustees may tahejf'or Benefit of Corporation,^ or of any Society acting under it, Property, Income of which shall not exceed $25,000. § 2. Such trustees shall be capable of taking for religious, ed- ucational and charitable purposes, by gift, devise, bequest, grant or purchase, and of holding and disposing of the same, any real and personal estate held for the benefit of any such governing body, or of any parish, congregation, society, church, chapel, mission, religious, benevolent, charitable or educational institu- 88 RELIGIOUS CORPORATIONS. tioD, existing or acting under such governing body at the time of their election, or which had then or may thereafter be given for any such purposes, provided that the net yearly income received from the said property shall not at such time exceed the sum of twenty-five thousand dollars. Property of Extinct Church how Disposed of. § 3. Whenever any parish, church, congregation or religious society in connection with any such governing body shall become extinct by reason of the death or removal of its members, it shall be lawful for the trustees elected by such body as aforesaid to take possession of the temporalities and property belonging to such extinct church or organization, and manage and dispose of the same, and apply the proceeds thereof to any of the objects mentioned in the second section of this act. Term of Office of Trustees — Vacwncies. % 4. The trustees elected by virtue of this act shall hold their offices at the pleasure of the governing body by whom they are elected, and all vacancies shall be filled by such body as they occur. Diocese of Liong Island. — " The Trustees of the Estate belonging to the Diocese of Long Island" are created a corporate body under chapter 750 of the Laws of 1871, and authorized to take, " by gift, devise or pur- chase," land in Queens or Suffolk county, not exceeding one hundred acres, for pious uses. By chapter 766 of the Laws of 1873, it is empowered to take, by devise or bequest, property in trust for churches within the diocese. Oerman United Evangelical Synod.— "The German United Evangelical Protestant Synod of the East " is incorporated under chapter 763 of the Laws of 1873. It has power to hold trust deeds of church property, and to take property for religious purposes, by devise or bequest, but the yearly value of its property shall not exceed $100,000. LiUtheran Synod.— "The Evangelical Lutheran Synod of New York and New Jersey" is incorporated under chapter 461, Laws of 1868, as amended by chapter 307, Laws of 1875. It is authorized to hold deeds of trust of church property, and to take property by devise, bequest or pur- chase, provided the annual income of its property shall not exceed $100,000. PRESBYTERIES. 89 PEESBYTERIES. Trustees, Election of — Certificate of Election, Contents and Recording. [Laws 1876, chap. 381, passed May 17.] § 1. It shall be lawful for any presbytery, now or hereafter to bo constituted or established, not already incorporated, at any stated meeting thereof, by plurality of voices, to elect any number of discreet persons, not less than three nor exceeding nine in num- ber, as trustees to take charge of the estate and property belong- ing thereto, and to transact all affairs relating to the temporalities thereof. And the moderator and stated clerk of 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 and known, shall be particularly mentioned and described ; which said certificate, being duly acknowledged or proved before an officer authorized bylaw 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 certificates of the organization of relig- ious societies, and such trustees and their successors shall there- upon, by virtue of this act, be a body corporate by the name or title expressed in such certificate. Preshytery may TaTee and Hold Property, Annual Income of which shall not exceed $10,000. § 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, conveyingj and other- wise 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 presbytery and in the pro- motion 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 and personal estate, provided that the yearly income received from the property of any such corporation shall not exceed the sum of ten tliousaud dollars. 90 RELIGIOUS COEPORATIONS. Presbytery may take Property of Extinct Church — Proceeds, how Applied — Proviso. § 3. "Whenever any church, in connection with any such pres- bytery, shall become extinct, by reason of the death or removal of its members, it shall be lawful for such corporation to take pos- session of the temporalities belonging to the society formed in connection with such extinct church, and manage or dispose of the same, and apply the proceeds thereof to any of the objects mentioned 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. (As amended Laws 1877, chap. 177.) Trustees to manage Property and Affairs of Preshytery — Term of Office of Trustees — Yacam.cies, how Filled. § 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 pres- bytery electing them, and all vacancies shall be tilled by the pres- bytery. Synod of Albany. — " The Trustees of the Synod of Albany " are in- corporated under chapter 373, Laws of 1868. The Synod has power to take property by purchase, devise or bequest, provided the yearly income shall not exceed $10,000, exclusive of funds received by it in trust for the use of the several Pre^yteries within its bounds. The income of property held in trust for any one Presbytery shall not exceed |10,000. Synod of Western New York. — "The Synod of Western New York" is incorporated under chapter 401 of the Laws of 1871, which con- tains like powers with chapter 373, Laws of 1868, except that the Synod of "Western New York is authorized to take property, the annual income of which shall not exceed $20,000. Bfew York Presbytery.— "The Trustees of the Presbytery of New York " are incorporated under chapter 306, Laws of 1867. Said Presbytery may take property by purchase, devise or bequest, provided the yearly in- come shall not exceed $10,000. Presbytery of Westchester. — " The Trustees of the Presbytery of Westchester " are incorporated under chapter 644, Laws 1873, containing provision similar to those of chapter 206, Laws of 1867. GENERAL SYNOD, REFORMED DUTCH CHURCH. 91 GENEEAL SYNOD, EEFOEMED DUTCH CHUECH. Corporation Created — Name — Authorized to take Property for Certain Purposes. [Laws 1819, chap. 110, passed April 7.] § 1. The General Synod of the Eeformed Protestant Dutch Church, shall be and liereby is declared to be a body politic and corporate, by the name and style of " The General Synod of the Eeformed Protestant Dutch Church ; " with full power to sue and be sued, defend and being defended, by that name, in all courts of law and equity ; and to have a common seal, and alter the same at pleasure ; and also to take, purchase and hold real and personal estate, and to sell and convey the same : Provided, the yearly value of such real and personal estate shall not exceed the sura of ten thousand dollars ; and that the same shall not be appropriated to any other than religious and charitable uses and purposes. 0'ffi<}ers, how Chosen — Their Powers — Proviso. § 2. It shall be lawful for the regular members of said general synod, at their annual meetings, to appoint a president, three di- rectors, and a treasurer, of the said corporation ; and to make and ordain by-laws and regulations, relating to the management and disposition of their real and personal estate, the duties of the said president, directors, and treasurer, and the duration of their re- spective offices : Provided always, that such by-laws and regula- tions shall not be inconsistent with the constitution and laws of this State, or of the United States. Legislatnire may Repeal or Amend this Act. § 3. It shall at all times be lawful for the legislature to repeal or amend this act. Corporation may take Properly hy Demise or Otherwise Annual Income of which shall-not exceed $15,000. [Laws 1869, chap. 171, passed April 14.] § 1. It shall be lawful for the General Synod of the Eeformed Protestant Dutch Church, to take and hold by gift, grant, devise or otherwise hereafter made, and by purchase hereafter made, to hold and convey any estate real or personal; provided that the clear annual value or income of such estate shall not exceed the sum of fifteen thousand dollars, exclusive of such professorships and scholarships for the purposes of theological education, as may .be from time to time endowed ; but the right herein granted, to 92 RELIGIOUS CORPORATIONS. take and hold real or personal estate by bequest or devise, shall be subject to all provisions of law in relation to devises and be- quests by last will and testament. Nothing herein contained is to be construed to apply to any question, matter, thing involved or at issue in any action now pending in any court in which said Synod is a party, or to any action or proceeding which may hereafter be commenced against or by or on behalf of said Synod, or in which said Synod shall be a party, and which shall not relate to property granted, bequeathed or devised to or acquired by said Synod, subsequent to the passage of this act. PEESIDING ELDEE'S DISTEICT— METHODIST EPIS- COPAL CHUECH. Who mm/ Incorporate — CerUficates in Duplicate, Contents and Filing. [Laws 1867, chap. 265, passed April 5.] § 1. The presiding elder and a majority of the district stew- ards, appointed according to the discipline of the Methodist Epis- copal Church, residing in any ecclesiastical district in this State, erected by an annual conference of said church as a presiding elder's district, may make, sign and acknowledge, before some of- ficer competent to take the acknowledgement of deeds, and file in the ofiice of the clerk of any county in such district, and a dupli- cate thereof in the oflaee of the Secretary of State, a certificate in ■writing, in which shall be stated the corporate name of said cor- poration ; the names, residences and official relation to the dis- trict of the persons signing such certificate ; the number of trust- ees, not less than three nor more than nine, wlio shall manage the property and affairs of the said corporation for the first year, and their names ; and in which certificate it shall be furthermore stated, in substance, that the object of such corporation is to se- cure the benefits of this act. Corporation to ha/ve Powers Conferred by Chapter 18, Part 1 (rf the Revised Statutes* — Additional Powers — Camp-OroundSy Powers of Trustees. § 2. When such certificate shall be filed as aforesaid, the per- * For the benefit of persons who do not possess the volumes of the Statutes, we append the following extract from Title 3, Chapter 18, Part 1 of the Revised Stat- utes : g 1. Every corporation as such has power: 1. To have succession by its corpo- rate name for the period limited in iti charter, and when no period is limited, perpet-- METHODIST EPISCOPAL CHURCH. 93 sons who shall have made, signed and acknowledged the same, and their successors, shall be and become a body politic and cor- porate, by the name stated in such certificate ; and such corpora- tion shall have succession, and possess the general powers con- ferred on corporations by the eighteenth chapter of the first part of the Eevised Statutes of this State ; and shall also have power to take by gift, grant or purchase, any estate, real or personal, the annual income of which shall not exceed five thousand dollars, for the use of, and as a residence for the presiding elder for the time being, of said district ; and shall also have power to take by gift, grant or purchase, any estate, real or personal, the annual income or value of which shall not exceed ten thousand dollars, for the use of the authorities of the said Methodist Episcopal Church representing said district, as a camp-ground for camp-meeting purposes ; and from time to time to sell and convey the same, and to reinvest»the proceeds thereof for a like purpose, as the trustees of such corporation, with the approval of the annual conference having jurisdiction over the district may direct. And all the pro- visions of article seven, title eight, chapter twenty, part first of the Revised Statutes of this State, entitled " of the disturbance of religious meetings," shall apply to all religious meetings held in pursuance. of the provisions of this act, in accordance with the usages of the said Methodist Episcopal Church. And the trustees nally ; 2. To sue and be sued, complain and defend in any court of law or equity ; 3. To make and use a common seal and alter the same at pleasure ; 4. To hold, pur- chase and convey such real and personal estate as the purposes of the corporation shall require, not exceeding the amount limited in its charter ; 6. To appoint such iSubordinate officers and agents as the business of the corporation shall require, and to allow them a suitable compensation ; 6. To make by-laws not inconsistent with any existing law, for the management of its property, the regulation of its affairs, and for the transfer of its stock. § 2. The powers enumerated in the preceding section shall vest in every corpora- tion that shall hereafter be created, although they may not be specified in its charter, or in the act under which it shall be incorporated. § 3. In addition to the powers enumerated in the first section of this title, and to those expressly given in its charter or in the act under which it is or shall be incor- porated, no corporation shall possess or exercise any corporate powers except such aa shall be necessary to the exercise of the powers so enumerated and given. ** *»** *»* g 6. When the corporate powers of any corporation are directed by its charter to be exercised by any particular body, or number of persons, a majority of such body or persons, if it be not otherwise provided in the charter, shall be a sufficient number to form a board for the transaction of business ; and every decision of a majority of the persons duly assembled as a board, shall be valio as a corporate act. * * * * * » * «» § 9. Upon the dissolution of any corporation created or to be created, and unless other persons shall be appointed by the legislature, or by some court of competent authority, the directors or managers of the affairs of Such corporation at the time of its dissolution by whatever name they may be known in law, shall be the trustees of the creditors and stockholders of the corporation dissolved, and shall have full power to settle the affairs of the corporation, collect and pay the outstanding debts, and di- vide among the stockholders the moneys and other property that shall remain, after the payment of debts and necessary expenses. 94 RELIGIOUS CORPORATIONS. of any sucli camp-ground, appointed according to the provisions of the act hereby amended and for the purposes named in this act, and their successors in office are hereby clothed with the same powers, as are conferred upon peace officers in and by said article seven. (As amended Laws 1868, chap. 784.) For the provisions of law referred to, relating to the disturbance of re- ligious meetings, see ante, pp. 70-i. See also, relative to camp-grounds, Laws of 1874, chap. 36, infra. Heal Estate for Certain Uses may he Conveyed to Corporations formed wnder this Act. § 3. Any real estate heretofore conveyed for the use of, or as a residence for a presiding elder of any such district, and his suc- cessors in office or for camp-meeting purposes, may b^ conveyed by the trustees holding the title thereof, to a corporation formed as aforesaid for the district in which such estate is situated ; where- upon the title thereto shall vest in such corporation for the pur- poses defined by this act. (As amended Laws 1868, chap. 784.) Trustees, how Appointed — Terms of Office. § 4. The district stewards of any presiding elder's district, at their annual meeting, may appoint, from time to time, trustees for any such corporation within their district, to supply the places of those wliose terms shall expire, and to fill any vacancies in the number of trustees; and trustees of any such corporation shall respectively hold tlieir offices for one year, and until others are appointed in their places. Northern Bfeiv York Conference. — " The Trustees of the North- ern New York Conference " are incorporated by virtue of chapter 197, Laws of 1873. The conference is authorized to purchase and hold real estate, pro- vided the annual income of its funds shall not exceed $15,000. It also suc- ceeds to the rights of the Black River Annual Conference, as to legacies, be- quests and devises. Western Kew York Conference. — "The Western New York Conference of the Methodist Episcopal Church " is incorporated under chap- ter 121 of the Laws of 1874. It may take property by purchase, devise or bequest. The annual income of its property shall not exceed $100,000. Free nettaodist Ceneral Conference.— "The Free Methodist General Conference of North America " is incorporated under chapter 346 of the Laws of 1873. It is authorized to hold deeds of trust of church prop- erty, and of other beneficent institutions, and take by devise, bequest or purchase. The annual income of its property shall not exceed $200,000. CORPORATIONS TO SECURE CAMP-GROUNDS. 95 COEPOEATIONS TO SECUKE CAMP-GEOUNDS. Who may Incorporate — Certificates m Duplicate, Contents and" Filing. [Laws 1874, chap. 26, passed February 20.] § 1. The presiding elder of any dista-ict, or the presiding elders of any number of districts, and a majority of the district stewards of any district or districts, appointed according to the discipline of the Methodist Episcopal Church, residing in any ec- clesiastical district or districts in this State erected by an annual conference of said church as a presiding elder's district or dis- tricts, may make, sign and acknowledge, before some officer com- petent to take the acknowledgment of deeds, and file in the office of the clerk of any county in such district or districts, and a du- plicate thereof in the office of the Secretary of State, a certificate in writing, in which shall be stated the corporate name of said corporation ; the names, residences and official relation to the dis- trict of the person signing such certificate, the number of trustees, not less than three nor more than nine, who shall manage the property and affairs of said corporation for the first year, and their names ; and in which certificate it shall be further stated, in substance, that the object of such corporation is to secure the ben- efits of this act. t Trustees — Constitution and Rules^Election of Trustees — Non- resident Memhers — When District Stewards may fill Vacan- cies — Districts may Unite. § 2. Whenerer in forming any corporation under this act a greater number of trustees than nine shall be desired, the number of trustees shall be specified in the articles of incorporation, which shall be not less than nine nor more than twenty-one, and shall specify, in said articles, the names of the persons as trustees to manage the affairs of said corporation until others are elected in their places ; said trustees sliall be divided by lot into three classes, the first class to hold their office for one year; the second class to hold their office for two years ; the third class to hold their office for three years. The said corporation, when organized and any camp-gronnd or camp-meeting association heretofore or- ganized under the laws of the State of New York, shall have power to adopt a constitution, and to prescribe rules and regula- tions not inconsistent with the Constitution and laws of the State or of the United States, for the government thereof and for the election of trustees and its officers. One-third of the trustees shall be annually elected and vacancies filled in such manner as the constitution of said corporation shall prescribe. When the 96 RELIGIOUS CORPORATIONS. camp-grounds proposed to be selected by such corporation shall be situated, npon or near the borders of this State, persons re- siding out of the jurisdiction of this State may be permitted to join in and become members of said corporation, and shall be eligible to be elected officers thereof. When the number of trustees do not exceed nine, or no constitution is adopted by the corporation prescribing the mode of elections of its trustees and officers, then the district stewards of any presiding elder's district, at their annual meeting, may appoint, from time to time, trustees for such corporation within their district to supply the places of those whose term of office shall expire and to fill vacancies in the number of trustees. And when two or more districts join in such corporation, then the district stewards of each district at their an- nual meeting, may appoint their equal proportion of said trustees. But in case the number of trustees cannot be equally divided be- tween the districts, then the districts in which the camp-ground is located may appoint such trustees. (As amended Laws i8Y5, chap. 325.) Corporation to have the Powers Conferred hy Chap. 18, Pwrt 1, of the Revised Statutes* — Income shall not exceed $25,000 — Additional Powers — Powers of Trustees. § 3. When such certificate shall be filed, as aforesaid, the per- sons who shall have made, signed and acknowledged the same, and their successors shall be and become a body politic and corporate, by the name stated in such certificate; and such corporation shall have succession, and possess the general powers conferred on corporations by the eighteenth chapter of the first part of the Kevised Statutes of this State ; and shall also have power to take, by gift, grant or purchase, any estate, real or per- sonal, the annual income of which shall not exceed twenty-five thousand dollars, for the use of the authorities of the Methodist Episcopal Churcl), representing said district or districts, as a camp- ground for camp-meeting purposes ; and from time to time to sell and convey the same, and to reinvest the proceeds thereof for a like purpose, as the trustees of such corporation, with the ap- proval of the annual conference having jurisdiction over the dis- trict or districts, may direct. And all tlie provisions of article seven, title eight, chapter twenty, part first of the Revised Stat- utes of this State, entitled " of the disturbance of religious meet- ings," shall apply to religious meetings held in pursuance of this act, in accordance with the usages of said Methodist Episcopal church. And the trustees of any such camp-ground appointed according to the provisions of this act, and for the purpose named in this act, and their successors in office, are hereby clothed with * For extract from Chapter 18, Part 1 of the Revised Statutes, see ante, p. 92, note. CORPORATIONS TO SECURE CAMP-GROUITDS. 97 the same powers as are conferred upon peace officers in and by said article seven. Real Estate may he Con/veyed. § 4. Any real estate heretofore conveyed for camp-meeting purposes, may be conveyed, by the trustees holding the title thereof, to a corporation formed as aforesaid, whereupon the title thereto shall vest in such corporation for the purpose defined in this act. How Districts may Unite with Corporation. § 5. Districts may unite with such corporation by conforming to this act and appending their certificates to the original ones. Heal Estate — Camp-Orounds on Wamigable Streams — Authoril/y over Vessels and Landings. § 6. All restrictions imposed upon such corporations hereto- fore organized under any law of this State relating to the amount of real or personal estate, or the value thereof, which such cor- poration may hold, are hereby removed, provided the entire an- nual income shall not exceed the sum authorized by section three of the act hereby amended, unless by their charters they are em- powered to hold a larger amount. Whenever any camp-ground association shall own land on any of the navigable waters of the State of New York, to be used for camp-ground purposes only, the said association shall have authority to regulate the landing of any person, or vessel on said wharves, piers or shore, during the holding of religious services, and may also regulate or prohibit the use of said wharves and piers, or shore during said services by any person or vessel. (As amended Laws 1875, chap. 325.) OHAPTEE V. BENEVOLENT, CHARITABLE, SCEENTIPIC AND MISSIONARY SOCIETIES. Incorporation — Certificate, Contents and Filing — Managing Board, Number of, how Increased or Reduced, — Amended Certificate, how Filed. [Laws 1848, chap. 319, passed AprU 12.] § 1. Any five or more persons of full age, citizens of the United States, a majority of whom shall be citizens of this State, who shall desire to associate themselves for benevolent, charitable, scientific or missionary purposes, may make, sign and acknowl- edge before any officer authorized to take the acknowledgment of deeds in this State, and file in the office of the secretary of State, and also in the office of the clerk of tlie county in which the bus- iness of such society is to be conducted, a certificate in writing in which shall be stated the name or title by which such society shall be known in law, the particular business and object of such society, the number of trustees, directors or managers to manage the same, and the names of the trustees, directors or managers of such society for the first year of its existence ; and any corpora- tion organized, or which may hereafter be organized, under the provisions of this act, may from time to time change the title of the members of their managing board, or increase or reduce the number thereof to not less than five, on the consent in writing of two-thirds of their number. Such amendment to be filed with the original certificate, but such certificate or amendment tliereof shall not be filed unless by the written consent and approbation of one of tlie justices of the supreme court of the district in which the place of business or principal office of such company or association shall be located, to be indorsed on such certificate. (As amended Laws 1879, chap. 252.) Certificate Not Condnsive. — The I is authorized by the statute. People Secretary of State is not bound to file ! v. NeUon, 46 N. Y. 477 ; s. c. 60 Barb. a certificate which the statute does not authorize. Tlie consent of a jus- tice of the Supreme Court is one of the conditions precedent to the right of filing, but decides nothing, and does not preclude the Secretary of State from passing upon the question as to whether the certiflcate presented 159. Societies sot Within the Statute. -—An association for pecuniary gain, organized for the purpose of aiding its members by loans or advances of money, is not a " benevolent " or " charitable " society within the meaning of the act of 1S48. Id. OTHER SOCIETIES. 99 The provisions of the act of 1848 (chap. 319), have been from time to time extended, so as to authorize the incorporation of other societies as fol- lows: Societies for Promoliag tlie Fine Arts. — Chapter 342, Laws of 1860, provides: § 1. Any five or more persons of full age, citizens of the United States, may associate, pursuant to "An act for the incorporation of benevolent, char- itable, scientific and missionary societies," passed April twelfth, eighteen hundred and forty-eight, and the acts amendatory thereof, for the purpose of promoting and cultivating the fine arts, by establishing a gallery or collection of pictures and statuary, including other objects of the fine arts ; and when associated, they shall be subject to the provisions of the aforesaid acts. May hold Real and Personal Property Subject to the Order of the Su- preme Court. § 3. Any fine art association so formed, may be capable of taking, by gift, devise, bequest or purchase, and of holding, for the purposes of their incor- poration, and for no other purpose, real or personal property exceeding in value the amounts limited by the said act, provided a justice of the supreme court of the district in which the principal office of such association shall be located, shall from time to time allow the same, by an order to be entered on. the records of the court, which shall also specify the limit fixed by said jus- tice. Historical and liiterary Societies.— By Chapter 302, Laws of 1863, section one of the act of 1848 was amended by adding after the word "scientific" the words "historical, literary," so that said act should author- ize historical and literary societies. The section, however, was amended as above omitting the words "historical" and "literary." But by Laws 1876, chap. 190, the terms of existence of any corporation which may heretofore have been, or may hereafter be organized under the act of 1848, may be ex- tended and continued by complying with its provisions. (See § 13, infra.) The Sisters of Cliarity of St. Vincent «le Paul. — Chapter 393, Laws 1865, provides: § 1. The sisters of charity of St. Vincent de Paul, a corporation formed under and pursuant to chapter three hundred and nineteen, of the laws of eighteen hundred and forty-eight, are hereby authorized and empowered to be in all respects a seminary of learning for the education of females, and to grant to females literaiy honors, and in testimony thereof, to give suitable diplomas, under their seal and the signatures of such officers of the said cor- poration, as they shall deem expedient. Societies maintaining Educational Institutions, Places of Christian Worship, Etc. — Chapter 51, Laws of 1870, provides: §1. The "Act for the incorporation of benevolent, charitable, scientific and missionary purposes,"* passed April twelfth, eighteen hundred and forty-eight, shall be deemed to authorize the incorporation, of any society for the purpose of establishing and maintaining any educational institution * So in the original. 100 BENEVOLENT AND MISSIONARY SOCIETIES. or chapel, or place of christain worship, or any parsonage, rectory or official residence of any bishop, pastor or minister of any christian church or associ- ation. Trustees, Etc. to he Regulated by By-Laws. § 2. It shall be lawful for the trustees or managers of any society incor- porated under the act aforesaid, or under this act to provide in their by-laws for the classification and the mode of perpetuating the board of trustees or managers, and filling vacancies therein, as the same may occur. May take Property not Exceeding in Value One Million of Dollars. § 3. Any university or college incorporated under the said act, or under this act, may take and hold by gift, grant, devise or bequest, property or en- dowment not exceeding in value or amount one million of dollars, subject however to the restriction upon devises and bequests contained in an act en- titled " An act relating to wills," passed April thirteen, eighteen hundred and sixty. Certificate, Inventory and Affidavit. § 4. The seventh section of the act mentioned in the first section of this act, and so much of the eighth section as requires the trustees to file annually, in the county clerk's office, a certificate, inventory and affidavit, shall not be deemed applicable to universities and colleges incorporated as aforesaid. To what Societies Act to Apply. § 5. This act shall apply as well to societies heretofore organized under the aforesaid act, as to those which shall be hereafter organized. Free Churches. — Free churches organized under the general act of 1854 (Laws, chap. 318), have all the rights, powers and duties, and are subject to all the restrictions and obligations prescribed in chap. 319, Laws 1848, relating to Benevolent Societies, so far as the same may be appli- cable, and consistent with the act of 1854, except as to the amount of prop- erty which may be held by Free Churches in New York City, and as to the provision relating to the personal liability of trustees. The latter are only liable individually when they have assented to the creation of any debt. (See p. 86, ante, Laws 1854, chap. 318, § 2.) When to ieoome Bodies Corporate — May Purchase a/nd Hold Real Estate not Exceeding $150,000 in Value, and Personal Property of Like Value — Net Annual Income shall not Ex- ceed $30,000— G^emera^ Powers. § 2. Upon filing a certificate as aforesaid, the persons who shall have signed and acknowledged such certificate, and their associates and successors, shall thereupon by virtue of this act, be a body politic and corporate by the name stated in such certifi- cate, and by that name they and their successors shall and may have succession, and shall be persons in law capable of suing and being sued, and they and their successors may have and use a GENERAL POWERS— BY-LAWS. 101 common seal, and the same may alter and change at pleasure ; and they and their successors, by their corporate name shall, in law be capable of taking, receiving, purchasing and holding real estate, for the purposes of their incorporation, and for no other Eurpose, to an amount not exceeding the sum of one hundred and fty tiiousand dollars in value, and personal estate, for like pur- poses, to an amount not exceeding the sum of one hundred and iifty thousand dollars in value ; but the clear annual income of such real and personal estate shall not exceed the sum of thirty thousand dollars ; to make by-laws for the management of its af- fairs, not inconsistent with the constitution and laws of this state, or of the United States ; to elect and appoint the officers and agents of such society, for the management of its business, and to allow them a suitable compensation. (As amended Laws 1872, chap. 649.) Expulsion. — ^A member of a char- itable or benevolent society can not be expelled because of a failure to comply with a by-law which is not authorized by the statute, or which conflicts with the Constitution. Peo- ple y..M-ancisciis Benevolent Society, 24 How. Pr. 316 ; People v. Benevolent So- ciety, 3 Hun, 361. Opportunity to be Heard.— Nor can any member of such society be expelled without notice, and oppor- tunity to be heard. People v. Medical Society, 33 N. T. 187, and cases cited, supra. When By-Laws Illegal. — By-laws which forbid a member of the society to work at his trade at such price as he may choose to accept, and which require him to join in a " strike, " pre- scribing penalties in case of disobedi- ence, are void as against public policy. People V. Benevolent Society, ?> Hun, 361 . (a) A society may be composed of Koman Catholics, and may exclude all others from membership, but it can not compel a member to observe a by-law requiring him to receive the sacraments and attend the confes- sional. Such a regulation is not au- thorized by the statute, and is con- trary to the provisions of the Consti- tution which guarantee the free exercise and enjoyment of religion to all mankind. People v. Francisrus Benevolent Society, 34 How. Pr. 316. Legal Rights of Members. — Though a society may require that applicants for member.ship shall be- long to a particular church, and may refuse admission to others, yet on be- coming a member, the person acquires all the rights provided by the statute, and can not be deprived of them, un- less he shall have violated some regu- lation authorized by law. Id. Mandamus. — ^If a member of a benevolent society has been unjustly expelled, his proper remedy is by writ of mandamus. People v. Benevolent Society, 3 Hun, 361 ; compare People V. German Church, 53 N. Y. 103. Actions.— A member of an incor- porated society can not maintain an action in his own name for the benefit of the association, unless his com- plaint shows the articles or instru- ment conferring the authority to bring the suit. An allegation that he is especially authorized to sue is a mere conclusion, and is not sufficient. Habiaht v. PembeHon, 4 Sand. 657. Trustees can not sue Co-Trustee. — Trustees of a corporation can not sue their co-trustee, as a trespasser, in regard to corporate property, until he has been divested of the character and authority with which the law clothes him by virtue of his office. Trustees M. B. Church v. Stewart, 37 Barb. 553. 102 BENETOLENT AND MISSIONARY SOCIETIES. Societies not Incokpoeated. Ownership of Property.— A volun- tary association not incorporated, hav- ing for its object pleasure and amuse- ment, is not strictly a copartnership, but the rights of the members as to its property are not materially differ- ent from those of partners in partner- ship property. MeMahon v. Rauhr, 47N. Y. 67; s. c. 3 Daly, 116. Interest of Members. — No associ- ate has any interest in the property of the association, which can be sep- arated for his own use, until its affairs are settled, the association dissolved, and the share of each member deter- mined. Id. , Assignment. — Each member has an interest in a contract made with the association, and the cause of action arising thereon, but can not assign such interest so that his assignee can maintain an action upon it. The as- signee only acquires an indefinite in- terest, which can not be ascertained until t^e affairs of the association are closed. Id. Remedy in Equity. — A member of an unincorporated association, as its assignee, can not maintain an action at law against another member arising out of a contract with the association. The only remedy prior to a dissolution is in equity. Id. Trustees to be Elected Annually — Yacancies, how filled. % 3. The society, so incorporated, may annually elect, from its members, its trustees, directors or managers, at such time and place, and in such manner as may be specified in its by-laws, who shall have the control and management of the aSairs and funds of said society, a majority of whom shall be a quorum for the trans- action of business, if not otherwise provided in the by-laws, ex- cept that no such purchase, lease or sale of real estate shall be made unless two-thirds of the whole number are present at the meeting at which it is ordered : and whenever any vacancy shall happen among such trustees, directors or managers, by death, resignation, or neglect to serve, such vacancy shall be filled in such manner as shall be provided by the by-laws of such soci- ety. (As amended Laws 1853, chap. 487.) As to manner in which number of trustees may be increased, see section eleven, infra. Failure to Elect Trustees will not work a Dissolution — Provis- ions for Election. § 4. In case it shall at any time happen that an election of trustees, directors or managers shall not be made on the day de- signated by the by-laws, said society for that cause shall not be dissolved, but it shall and may be lawful on any other day to hold an election for trustees, directors or managers, in such manner as may be directed by the by-laws of such society. Act not to Apply to Certain Associations. § 5. The provisions of this act shall not extend or apply to any association or individuals, who shall, in the certificate filed TRUSTEES— INCOME. 103 with the secretary of state, or with the county clerk, use or spec- ify a name or style the same as that of any previously existing* incorporated society iu this State. (As amended Laws 1861, chap. 239.) May take Tyy Devise or Bequest, Annual Income of Property not to Exceed $10,000 — Proviso. § 6. Any corporation formed under this act, shall be capable of taking, holding or receiving any property, real or personal, by virtue of any devise or bequest contained in any last will or testa- ment of any person whatsoever, the clear annual income of which devise or bequest shall riot exceed the sum of ten thousand dol- lars; provided, no person leaving a wife or child or parent, shall devise or bequeath to such institution or corporation more than one-fourth of his or her estate, after the payment of his or her debts, and such devise or bequest shall be valid to the extent of such one fourth, and no such devise or bequest shall be valid, in any will which shall not have been made and executed at least two months before the death of the testator. Act of 1S60. — The foregoing section is qualified by chap. 360, which provides : § 1. No person having a husband, wife, child or parent, shall, by his or her last will and testament, devise or bequeath to any benevolent, charitable, literary, scientific, religious or missionary society, association or corporation, in trust or otherwise, more than one-half part of his or her estate, after the payment of his or her debts (and such devise or bequest shall be valid to the extent of one-half, and no more). § 2. All laws and parts of laws inconsistent with this act are hereby re- pealed. When Trustees Jointly and Severally Liable for Corporate Deht. § 7. The trustees of any company or corporation organized under the provisions of this act, present at any meeting author- izing the contraction of any debt, and acquiescing in the passage of any resolution or order authorizing the same, shall be jointly and severally liable for any such debt, provided, a suit for the col- lection of the same shall be brought within one year after the debt shall become dae and payable. (As amended Laws 1853, chap. 487.) In Free Churches, to which the provisions of this act apply, only those trustees who shall have assented to the creation of any debt can be held per- sonally liable therefor. See ante, p. 86, Laws 1854, chap. 318, § 3. Corporations under this Act Subject to Visitation by Justices of Supreme Court — Certificate am,d Inventory to be Filed — Affi- damit and Contents. 8 8. All institutions formed under this act, together with their 104 BENEVOLENT AND MISSIONARY SOCIETIES. books and vouchers, shall be subject to the visitation and inspec- tion of the justices of the supreme court, or by any person or persons who shall be appointed by the supreme court for that pur- pose, and it shall be the duty of the trustees, or a majority of them, in the month of December in each year, to make and file in the county clerk's oflBce where the original certificate is filed, a certif- icate under their hands, stating the names of the trustees and of- ficers of siich association or corporation, with an inventory of the ♦ property, efifects and liabilities thereof, "with an aflBdavit of the truth of such certificate and inventory, and also an afladavit that such association or corporation has not been engaged directly or indirectly, in any other business than such as is set forth in the original certificate on file. As to how far property of any benevolent or missionary society, and stocks owned by literary or charitable institutions are exempt from taxation, see ante, p. G4. I'itle 3, Chapter 18, Part 1, of the lievised Statutes, Applies to Societies Organised under this Act. § 9. Every corporation formed under this act, shall possess the powers and be subject to the provisions and restrictions contained in the third title of the eighteenth chapter of the first part of the Revised Statutes. (As amended Laws 1849, ciiap. 273.) The title of the Bevised Statutes above referred to relates to the general powers, privileges and liabilities of corporations. For extract from title 3, chapter 18, see note p. 92, ante. Bight to Repeal. § 10. The legislature may at any time amend, annul or repeal any incorporation formed or created under this act. Mode of Increasing Number of Trustees. § 11. The number of trustees, directors or managers in any corporation which may have been heretofore or which may here- after be organized under the said act may be increased as follows : The existing trustees of any such corporation, or a majority thereof, shall make and sign a certificate declaring how many trustees, directors or managers the corporation shall have in the future management of its business and stating the names of the new or additional trustees, directors or managers, which certificate shall be acknowledged or be proved by a subscribing witness, and shall be tiled in the office of the Secretary of State, and also in tiie office of the clerk of the county where the original certificate of incorpoi'ation was filed ; and from and after the filing of such certificate, tlie trustees, directors or managers of such corporation CORPORATE EXISTENCE, HOW EXTENDED. 105 shall be deemed increased to the number therein stated, and the persons so named shall be trustees until a new election of trustees,, directors or managers shall be had according to said act and the by-laws or regulations of said corporation. (As amended Laws 1875, chap. 452.) Be-InGorpwaUon. § 12. The trustees, directors or stockholders of any existing benevolent, charitable, scientific, or missionary corporation may by conforming to the requirements of the first section of the act hereby amended, re-incorporate themselves or continue their.ex- isting corporate powers for the period limited by the act hereby amended, and all the property and effects of such existing cor- poration shall vest in and belong to the corporation so re-incor- porated or continued. (As amended Laws 1849, chap. 2Y3.) How Corporate Existence of Societies may he Extended. § 13. The term of existence of any corporation which may have heretofore been or which may hereafter be organized under this act, may be extended in the following manner : The trustees of such corporation, or a majority of them, shall make and sign a certificate declaring the term, not exceeding fifty years, for which the said corporation is to be continued, which certificate shall be duly acknowledged, and be filed in the offiee of the Secre- tary of State, and also a copy thereof in the office of the clerk of the county where the original certificate of incorporation was filed ; and from and after the filing of such certificate and copy, the said corporation shall be deemed continued for the term of years therein prescribed. (As amended Laws 1876, chap. 190.) Directors of Charitable and Benevolent Institutions not to Re- ceive Compensation. [Laws 1872, chap. 104, passed March 12.] § 1. No trustee or director of any carhitable or benevolent in- stitution, organized either under tlie laws of this State or by vir- tue of a special charter, shall receive, directly or indirectly, any salary or emolument from said institution, nor shall any salary or compensation whatever be voted or allowed by the trustees or di- rectors of any institutions organized for charitable or benevolent purposes, to any trustee or director of said institution for services, either as trustee or director, or in any other capacity. Hoio Corporate Property may be Mortgaged. [Laws 1854, chap. 50, passed March 8.] § 1. It shall be lawful for the supreme court of this State, 106 BENEVOLENT AND MISSIONARY SOCIETIES. upon the application of any benevolent, charitable, scientific or missionary society, incorporated by law, in case it shall deem it proper, to make an order for the mortgaging of any real estate belonging to said corporation, and to direct the application of the moneys arising therefrom, by the said corporation, to such uses as the same corporation, with the consent and approbation of the said court, shall conceive to be most for the interest of the society to which the real estate so mortgaged belongs. How Corporate Property may he Leased or Sold. [Laws 1861, chap. 58, passed March 19.] § 1. It shall be lawful for the supreme court of this State, upon the application of three-fourths of the trustees of any benev- olent, charitable, scientific, missionary society or orphan asylum incorporated by law, in case it shall deem it proper, to make an order for the leasing or sale and conveyance of any real estate belonging to such corporation, and to direct the application of the moneys arising therefrom by the said corporation to such uses as to the said court shall seem to be most for the interest of the cor- poration to which the real estate so leased or conveyed belongs. Schools for Charitable and Religions Purposes. — Any acad- emy or high school for literary, scientific, charitable, or religious purposes, may, under Laws of 1851, chapter 544, possess a capital stock not exceed- ing $10,000. And when any corporation formed for establishing any acad- emy or high school shall have erected a building for school purposes of the value of $3,000, and complied with the law respecting academies, it may be declared an academy by the regents of the university. As to how far school buildings are exempt from taxation, see ante, p. 63. OHAPTEE VI. RELATING TO BURIAL GROUNDS, CEMETERIES AND CEMETERY ASSOCLITIONB. BURIA.L GEODNDS OF EELIGIOUS COEPOEATIONS. Churches in New York City may acquire Lands for Cemetery Purposes,and erect necessa/ry BuUdvngs thereon — Inventory of Cemetery Lands not necessary. [Laws 1842, chap. 153, passed April 11.] § 1. Any incorporated religious society within the city of New- York, which having exhibited the account and inventory required by the tenth section of the act entitled " An act to provide for the incorporation of religious societies," has not since purchased or acquired lands or tenements within this State, may hereafter purchase, acquire, and hold land in the city and county of JSTew York, or in any neighboring county of this State, or any estate or interest in such land, for the purpose of a burial place or ceme- tery, and may erect thereon a suitable edifice in which to perform the religious services usual on the burial of the dead, and also necessary buildings for the residence and accommodation of grave- diggers and keepers of the grounds : and whilst and so long as such lands shall not be appropriated and applied to any other purpose, such corporation shall not, by reason of the purchase or acquisition thereof, become bound or liable again to exhibit an ac- count or inventory of its estates, unless it shall subsequently pur- chase or acquire other lands or tenements within this State. Proviso in case Lands cease to he used for Cemetery Pwrposes, § 2. If any land so to be purchased or acquired by any such religious corporation, shall be subsequently appropriated or ap- plied to any use or purpose other than as is hereby authorized, every such corporation which shall so otherwise appropriate or apply the same, or suffer it to be so otherwise appropriated or ap- plied, shall thenceforth be subject to the provisions of the tenth section of the above-mentioned act, in the same manner as if this act had not been passed. Any judgment, tax or assessment, shall become a lien and charge on lands when no longer used for cemetery purposes. See infra, p. 110. Laws 1879, chap. 310, § 3. Provisions of foregoing Act Extended to Religious Corporations throughout the State — Purchases Confirmed. [Laws 1850, chap. 122, passed March 30.] § 3. The authority given by the " Act concerning the acquisi- 108 BURIAL GROUNDS AND CEMETERIES. fion of burial places by i-eligious corporations in the city of New York," passed April 11,1842, to purchase, acquire, and hold land for the purpose of a burial ground or cemetery, and to erect there- on suitable buildings for purposes connected with the burial of the dead, is hereby extended to religious corporations in every part of the State ; and such purchases heretofore made or here- after made in the city of New York or elsewhere, and the erec- tion of buildings thereon, as authorized by the said act, are here- by confirmed and declared valid, notwithstanding any restriction contained or supposed to be contained in the " Act to provide for the incorporation of religious societies," passed April 5, 1813, or in any special charter of any such corporation. Section one of the act of 1850 relates to inventory of religious corpora- tions; section two relates to powers of corporations to increase facilities for public worship. See chap. Ill, ante. Heligious Society can not Remove Human Remains from Bury- ing Ground without Written Consent. [Laws 1842, chap. 215, passed April 11.] § 2. It shall not be lawful for any person or persons to remove any dead body or human remains from any burying ground, for the interment of which compensation shall have been received by any church or religious corporation, or by any oflBcer or officers thereof, and which shall have been used for that purpose during the last three years, with the intent to convert the said burying ground to any other purpose, without having first obtained the consent in writing of three-fourths in number of the congregation or society of such church or corporation ; and which consent shall be proved or acknowledged and recorded in the manner prescribed by the first section of this act, before any sucii removal shall be com- menced or attempted. a religious corporation for cemetery purposes, are held by it in trust for charitable as well as religious uses. The next of kin of occupants of graves are beneficiaries for whom the trust was created, and for whose benefit it will be upheld. Id. Right of Burial a Legal Right. — The right to bury a corpse and to preserve its remains is a legal right, which courts of law will recognize and protect. Id. The right of burial includes the right to protect the remains, to select the place of sepulture and change it at pleasure. Id. Interest of Vault Owners. — A grant from a religious corporation of lands to be occupied by a vault for burial purposes, conveys a base or qualified fee, not a fee simple abso- lute. But the usufruct being perpet- ual, it is not important whether the grant operates as a "fee" or an " easement." Pecuniarily the right is as valuable as if the fee were con- veyed, and if the remains are dis- turbed, damages and the expenses of re-interment must be paid by the cor- poration. Law of Burial, 4 Brad. Sur. Rep. Appendix, p. 503. Compensation.— Lands granted to See, also, as to removal of human remains without authority of law, infra, p. 136. Laws 1879, chap. 24. SALES AND MORTGAGES OF CEMETERY LANDS. 109 Violation of foregoing Section decla/red a Misdemeanor. § 3. Any person offending against any of the provisions of the second section of this act shall, upon conviction, be adjudged guilty of a misdemeanor ; and shall be punished by imprisonment in a county jail, not exceeding six months, or by a fine not ex- ceeding five hundred dollars, or by both such fine and imprison- ment, in the discretion of the court. Section one of the foregoing act (Laws 1843, chap. 315) provides that a religions corporation can not mortgage cemetery lands unless the written consent of three-fourths of the congregation be first obtained. But by chap- ter 310, Laws of 1879, it is declared unlawful to mortgage cemetery lands. See act of 1879, wfra. The section of the act of 1843, referred to, is as follows : § 1. It shall not be lawful for any church or religious corporation to mortgage any burying ground used for the interment of human remains, for the use of which they shall have received compensation, without the previous consent in writing of three-fourths in number of the congregation or society of such church or corporation ; which consent shall be proved or acknowl- edged, in the same manner as deeds are now required by law to be proved or acknowledged, and shall thereupon be recorded in the office of the register of the city, or clerk of the county, in which such burying ground is situated. Conveyances to Cemetery Associations. — By chapter 537, Laws of 1870, a religious society may convey lands used for burial purposes to a "Rural Cemetery Association," incorporated under chap. 133, Laws 1847. See act of 1870, infra, p. 134. CONCEENING SALES AND MORTGAGES OF CEMETEEY LANDS. Supreme- Court mmf Order Sale, and direct Application of the Proceeds — Ground used for Actual Interments can not be Sold. [Laws 1871, chap. 419, passed April 12.] § 1. It shall be lawful for the Supreme Court of this State, upon the application of the trustees of any burial ground or rural -cemetery association, in case such court shall deem it proper, to make an order for the sale of any real estate belonging to such burial ground or rural cemetery association, and to direct the ap- plication of the moneys arising therefrom by such trustees to such uses as such trustees, by the consent and approbation of such court, shall conceive to be most for the interest of the association 110 BURIAL GROUNDS AND CEMETERIES. to winch the real estate so sold did belong. Provided, that no part or portion of the real estate of any burial ground or rural cemetery association which has been, now is, or hereafter may be used for actual interments, shall be sold in pursuance of the pro- visions of this act. As to conveyances by religious corporations to cemetery associations, see infra, p. 124, Laws 1870, chap. 527. Concerning Lands of Rural Cemeteries. § 2. No real estate of any rural cemetery or rural cemetery asso- ciation, shall be sold otherwise than in pursuance of the act or acts under which such cemetery or association was incorporated, nor for any other than cemetery purposes except as provided by sec- tion one of this act ; and all acts and parts of acts inconsistent with the provisions of this act, are hereby repealed. Cemetery Lands not to he sold on Execution, w Mortgaged. [Laws 1879, chap. 310, passed May 17.] § 1. No land actually used and occupied for cemetery pur- poses shall be sold under execution or for any tax or assessment, nor shall such tax or assessment be levied, collected or imposed, nor shall it be lawful to mortgage such land or to apply it in pay- ment of debts so long as it shall continue to be used for such cemetery purposes. See, also, as to exemption, Laws 1847, chap. 133, § 10, ^ot*, p. 116. When Mortg^age Valid. — In the absence of any prohibitory statute, a mortgage of a burial lot wiU be de- clared valid. Lantz v. Buckingham, 11 Abb. N. 8. 64. When Judgments and Assessments to become Liens. § 2. "Whenever any such land shall cease to be used for ceme- tery purposes, any judgment, tax or assessment which, but for the provisions of this act, would have been levied, collected or im- posed, shall, thereupon forthwith, together with interest thereon, become and be a lien and charge upon such land and collectible out of the same. JE'xcej>tion. § 3. The provisions of this act shall not apply to any lands held by the city of Kochester. RURAL CEMETERY ASSOCIATIONS. HI EUEAL CEMETERY ASSOCIA.TIONS. Corjxyrations, how Created — Trustees, and their Olassifioation. [Laws ISiV, chap. 133, passed April 27.] § 1. Any number of persons residing in this State, not less than seven, who shall. desire to form an association for the pur- pose of procuring and holding lands to be used exclusively for a cemetery, or place for the burial of the dead, may meet at snch time and place as they or a majority of them may agree, and ap- point a chairman and secretary by the vote of a majority of the persons present at the meeting ; and proceed to form an associa- tion by determining on a corporate name, by which the associa- tion shall be called and known ; by determining on the number of trustees to manage the concerns of the association, which num- ber shall not be less than six, nor more than twelve ; and there- upon may proceed to elect by ballot, the number of trustees so de- termined on ; and the chairman and secretary shall immediately after such election, divide the trustees by lot, into three classes ; those in the first class to hold their office one year, those in the second class two years, and those in the third class three years. But the trustees of each class, may be re-elected if they shall pos- sess the qualification hereinafter mentioned. The meeting shall also determine on what day in each year, the future annual elec- tions of trustees shall be held. Certificate, Contents and JRecording. § 2. The chairman and secretary of the meeting, shall, within three days after such meeting,' make a written certificate, and sign their names thereto, and acknowledge the same before an officer authorized to take the proof and acknowledgment of conveyances in the county where such meeting shall have been held, which certificate shall state the names of the associates who attended such meeting ; the corporate name of the association, determined upon by the majority of the persons who met ; the number of trustees fixed on, to manage the concerns of the association ; the names of the trustees chosen at -the meeting, and their classifica- tion, and the day fixed on for the annual election of trustees; which certificate it shall be the duty of the chairman and secre- tary of such meeting, to cause to be recorded in the clerk's office of the county in which the meeting was held, in a book to be ap- propriated to the recording of certificates of incorporation. 112 BURIAL GROUNDS AND CEMETERIES. Corporation subject to Provisions of Title 3, Chapter 18, Part l,of the Revised Statutes — Powers of Trustees. § 3. Upon such certificate, duly acknowledged as aforesaid being recorded, the association mentioned therein, shall be deemed legally incorporated, and shall have and possess the gen- eral powers and privileges, and be subject to the liabilities and restrictions contained in the third title of the eighteenth chap- ter of part first of the Eevised Statutes.* The affairs and property of such associations, shall be managed by the trustees, who shall annually appoint from among their number, a president and a vice-president, and siiall also appoint a secretary and a treasurer, vi^ho shall hold their places during the pleasure of the board of trustees ; and the trustees may require the treasurer to give security for the faithful performance of the duties of his of- fice. And shall have power to fill any vacancy in the office of president or vice-president occurring during the year for which they hold their office. (As amended Laws 1852, chap. 280.) Corporation may take by Purchase or Devise Lands not to Ex- ceed 200 Acres — Maps — Lots, how Conveyed — May also hold Personal Property not to Exceed $5,000. 4. Any association incorporated under this act may take by purchase or devise, and hold, within the county in which the certificate of their incorporation is recorded, not exceeding two hundred acres of land, or such further quantity as the Legislature has prescribed or may prescribe, to be held and occupied exclu- sively for a cemetery fur the burial of the dead. Such lands or such parts thereof as may from time to time be required for that purpose shall be surveyed and subdivided into lots or plats of such size as the trustees may direct, with such avenues, paths, al- leys and walks as the trustees may deem proper, and a map or maps of such surveys shall be filed and kept in the office of the as- sociation open to the inspection of the lot owners. The trustees may sell and convey the lots or plats and parts of lots or plats de- signated on such maps upon such terms as shall be agreed and subject to such conditions and restrictions as may be imposed upon the use of such lots or plats by rules and regulations now adopted or hereafter to be adopted by the trustees of such asso- ciation. The conveyances shall be executed under the common seal of the association and signed- by the president or vice-presi- dent and the treasurer of the association. Any association incor- porated under this act may hold personal property to an amount not exceeding five thousand dollars, or such further amount as the Legislature has prescribed or may prescribe, besides'what may arise from the sale of lots or plats. (As amended Laws 18Y4, chap. 245.) lu^ I . .1 xj * For extract from Chapter 18, Part 1 of the Revised Statutes, see ante, p. 92, note. ELECTIONS— TRUSTEES— QUALIFICATIONS. 113 But in the counties of Kings, Queens and Westcliester, no association can talse lands for cemetery purposes, without first obtaining the consent of the board of supervisors, as provided by chap. 380 of the Laws of 1853. See infra, p. 135. • Additional Lands. — The trustees of any cemetery association may, ■when necessary, acquire lands in addition to those already held. See infra, p. 139, Laws 1869, chap. 737, as amended by Laws 1875, chap. 300. Annual Elections — Terms of Office of Trustees — Qualifications of Electors and Trustees. § 5. The annual election for trustees to supply the place of those whose term of office expires shall be holden on the day men- tioned in the certificate of incorporation, and at such hour and place as the trustees shall direct, at which election shall be chosen such number of trustees as will supply the places of those whose term expires. But the trustees of any corporation, organized un- der this act, shall have power, by resolution of a majority of all of said trustees, to change the time for the annual election of trustees as fixed in their act of incorporation ; but no such reso- lution shall take effect until sixty days after the same shall have been published six successive weeks, once a week, in some news- paper published in the city or county where the cemetery of the said association is situated, and a copy of said resolution, certified by the president and secretary thereof, shall have been filed in the office of the clerk of the county where their certificate of incor- poration is recorded. The trustees chosen at any election, subse- quent to the first, shall hold their places for three years, and until others are chosen to succeed them. The election shall be by bal- lot, and every person of full age who shall be proprietor of a lot or plat in, the cemetery of the association, containing not less than ninety-six square feet of land, or, if there are more than one proprietor of any such lot or plat, then such one of the proprietors as the majority of joint proprietors shall designate to repre- sent such lot or plat may, either in person or by proxy, give one vote for each plat or lot of the dimensions aforesaid, and the per- sons receiving a majority of all the votes given at such election shall be trustees to succeed those whose term of office expires. If at any such election one-fifth in number of the said proprietors shall not, in person or by proxy, vote thereat, then the trustees to be chosen shall be elected and chosen by the existing trustees, or a majority of them, and the existing trustees shall, in all cases, hold their places until their successors are elected and qualified. But in all elections after the first, the trustees shall be chosen from among the proprietors of lots or plats, and the trustees shall have power to fill any vacancy in their number occurring during the period for which they hold their office. Public notice of the 114 BURIAL GROUNDS AND CEMETERIES. annual elections shall be given in such naanner as the by-laws of the corporation shall prescribe. (As amended Laws 1873, chap. 361.) Annual Report — When Trustees may Fix Election Day. § 6. The trustees at each annual election shall make reports to the lot proprietors of their doings, and of the management and condition of the property and concerns of the association. If the annual election shall not be held on the day fixed in the certificate of incorporation, the trustees shall have power to appoint another day, not more than sixty days thereafter, and shall give public notice of the time and place, at which time the election may be held with like effect as if holden on the day fixed on in the certifi- cate. The ofiice of tlie trustees chosen at such time, to expire at the same time as if they had been chosen at the day fixed by the certificate of incorporation. Bunal Lots Indivisible — May he Owned in Shares — May he Sub- divided or Altered — Maps — Proceeds of Sales, how Applied — Agreement as to Purchase-Money of Lands — Prices of Lots not to be Changed without Written Consent. § 7. All lots or parts of lots or plats which shall be conveyed by the association as a separate lot or plat, shall be indivisible, but may be held and owned in undivided shares; but any lots or plats and parts of lots or plats remaining unsold, and in which there siiall have been no interment, may, by order of the trustees, be re-surveyed, enlarged, subdivided or altei-ed in shape or size, and designated by numbers or otherwise on any map or maps which may be filed and kept pursuant to the fourth section of this act : One-half at least of the proceeds of all sales of lots or plats shall be first appropriated to the payment of the purchase-money of the lands acquired by the association until the purchase-money shall be paid, and the residue thereof to preserving, improving and em- bellishing the said cemetery grounds and the avenues or roads leading thereto, and to defraying the incidental expenses of the cemetery establishment, and after the payment of the purchase- money and the debts contracted therefor, and for surveying and laying out the land, the proceeds of all future sales shall be ap- plied to the improvement, embellishment and preservation of such cemetery and for incidental expenses, and to no other purpose or object unless expressly authorized by law. Associations formed under this act may also agree with the person or persons from whom cemetery lands shall be purchased to pay for such lands, as the purchase-price thereof, any specified share or portion not exceed- ing one-half the proceeds of all sales of lots or plats made from such lands, in which case the share or portion of such proceeds so agreed TRESPASS— ISCOME. 115 upon, not exceeding one-half thereof, shall be first appropriated and applied to the payment of the purchase-money of the land so acquired, and the residue thereof shall be appropriated to preserv- ing, improving and embellishing the said cemetery grounds, and the avenues, paths and roads therein and leading thereto, and to defraying the incidental expenses of the cemetery establishment. In all cases where, cemetery lands shall be purchased and agreed to be paid for in the manner hereinbefore provided, the prices for lots or plats specified in the by-laws, rules and regulations first adopted by such associations, shall not be changed without the written consent of a majority in Interest of the persons from whom the cemetery lands were purchased, their heirs, representatives or assigns. (As amended Laws 1879, chap. 108.) Penalty for Trespass upon Cemetery Grounds — Action, how Brought. § 8. Any person who shall wilfully destroy, mutilate, deface, injure or remove any tomb, monument, gravestone, building or other structure, placed in any cemetery of^ any association incor- porated under this act, or any fence, railing or other work for the protection or ornament thereof, or of any tomb, monument, or gravestone, or other structures aforesaid, or of any plat or lot within such cemetery, or shall wilfully destroy, cut, break or in- jure any tree, shrub or plant, within the limits of such cemetery, shall be deemed guilty of a misdemeanor; and such offender shall also be liable in an action of trespass ; to be brought in all such cases in the name of such association, to pay all such damages as shall have been occasioned by his unlawful act or acts. Such money when recovered shall be applied by the trustees to the reparation or restoration of the property so destroyed or in- jured. As to removing human remains, flowers or memorials of aflFection from burial grounds or cemeteries, see^os*, p. 136, Laws 1879, chap. 24, and Laws 1878, chap. 189. Corporations may Hold Property and Apply Income for Im- provement of Cemetery. § 9. Any association incorporated pursuant to this act may take and hold any property, real or personal, bequeathed or given upon trust, to apply the income thereof under the direction of the trustees of such association, for the improvement or embellishment of such cemetery, or the erection or preservation of any buildings, structures, fences or walks, erected or to be erected upon the lands of such cemetery association, or upon the lots or plats of any of the proprietors; or for the repair, preservation, erection or renewal of any tomb, monument, gravestone, fence, railing, or other erec- 116 BURIAL GR0UMD3 AND CEMETERIES. tion, in or around any cemetery lot, or plat ; or for planting and cultivating trees, shrubs, flowers or plants, in or around any snch lot or plat, or for improving or embellishing such cemetery, or any of the lots or plats in any other manner or form, consistent with the design and purposes of the association, according to the terms of such grant, devise or bequest. Lcmds Exempt while Used for Cemetery Purposes — Streets or Roads not to he Opened through Cemeteries. § 10. The cemetery lands and property of any association formed pursuant to this act, and any property held in trnst by it for any of the purposes mentioned in section nine of this act, shall be exempt from all public taxes, rates and assessments, and shall not be liable to be sold on execution, or be applied in payment of debts due from any individual proprietor. But the proprietors of lots or plots in such cemeteries, their heirs or devisees, may hold the same exempt therefrom, so long as the same shall remain ded- icated to the purposes of a cemetery, and during that time no street, road, avenue or thoroughfare shall be laid out through such ceme- tery, or any part of the lands held by such association for the pur- poses aforesaid, without the consent of the trustees of such associa- tion, except by special permission of the Legislature of the State. (As amended Laws 18Y7, chap. 31.) Ownership of Land. — The fee of lands purchased by a rural ceme- tery association vests in the corpora- tion and not in the lot owners. The latter take only a right to use the lot for burial purposes. Buffalo City Cemetery v. City of Buffalo, 46 N. Y. 503. Vault Owners. — The same rule applies to vault owners and owners of plots in church yards, as distinguished trom cemetery associations. Michards V. The Northwest Church, 33 Barb. 42, Sp. T. ; 8. c. 20 How. Pr. 317 ; 11 Abb. Pr. 30. Matter of Beformed Presby- terian Church, 7 How. Pr. 476, Sp. T. ; Windt V. Oemian Beformed Chvrch, 4 Sandf. Cb. 471. Compare Matter of Brick Presbyterian Ohvreh, 3 Edw. Ch. 155, see ante, p. 55. [See as to removal of remains, ismis. failure to elect officers not to work dissolution, 43-=45, 58. failure to exhibit inventory not to work dissolution, 51, 58. dissolution from non-user or neglect to exercise corporate powers,. 58, 59. society may re-incorporate within six years, 57, 59. See, also, Re-incoepokation. dissolution provided for by R. S. part 1, ch. 18, § 9, 93. DISTURBANCE OF RELIGIOUS MEETINGS. what constitutes disturbance, 70, 71. Penalty — Proceedings to enforce, 71. apprehension of offenders, 71, 72. before what justice to be taken, 73. party may voluntarily appear, 73. must appear before magistrate to confer jurisdiction, 73. offender may be ordered into custody by judicial officer, 73. when offender may be committed without warrant, 73. warrant need not contain jurisdictional facts, 73. offender must be prosecuted within twenty days, 73, 74. accused entitled to jury trial, costs, 73, 73. certificate of conviction, when and where filed, 74. fees of justices and officers, 74. 14:8 INDEX. DISTURBANCE OF RELIGIOUS MEETINGS— contitiued. proceedings to collect penalties imposed, 73. execution to collect penalties, 74. proceedings, if penalty not paid, 73. security, for fines, how given, 73. Disturbance of divine worship. member of church not to disturb public worship, 71. one interrupting service may be removed, 71. regulation prohibiting persons from leaving church during service > void, 71. actions against railway companies for disturbing services, 71. ELECTIONS— GENERAL PROVISIONS. [For special provisions relating to elections of officers of any particular society, see title of denomination, or society.] annual election may be held on movable feast day, 45, 46, 58. fifteen days' notice of first election of trustees required, 33. time for holding election may be changed, 43. time for holding election may be fixed at annual meeting, 45. exception as to Episcopal churches, 45. how elections to be conducted, 33, 34, 41. JRigM to vote, qualifications,