before such meeting; and, upon due return thereof, the same justice or any other justice of the peace for the county may preside at the meeting for the choice and qualification of a clerk, who shall enter at large upon the records of the society the proceedings had in the organization thereof; and the society may thereupon proceed to choose a moderator and do such other things as parishes are by law authorized to do at their annual meetings: provided the subject matter thereof is inserted. in the warrant. any R. S. 20, $4. 13 Pick. 111. SECT. 6. Persons belonging to a religious society shall be held to be Membership. members until they file with the clerk a written notice declaring the 17 Mass 347. dissolution of their membership, and they shall not be liable for grant or contract thereafter made or entered into by such society. person shall be made a member of such society without his consent writing. .106 Mass. 479. No in in SECT. 7. Every religious society may make by-laws not repugnant to the laws of the commonwealth, and therein prescribe the manner which persons may become members. SECT. 8. No person shall have a right to vote in the affairs of such society unless he is a member thereof. 5 Pick. 495. 21 Pick. 148. 5 Met. 73. 8 Cush. 267. See 1869, 346. Societies may regulate ad- officers. 1852, 175, § 1. Cush. 148. 97 Mass., 349. Who may vote. R. S. 20, § 6. SECT. 9. The qualified voters of every parish and incorporated reli- Annual meetgious society, and of every society organized according to the provisions Choice of of this chapter, shall hold an annual meeting in the month of March or RS. 20, $7. April, or at such other time as they may prescribe by their by-laws, and 1 if the by-laws do not otherwise determine at a time and place appointed by their assessors or standing committee; and at such meeting shall choose a moderator, clerk, two or more assessors, a treasurer and collector, and such other officers as they think necessary, all of whom, except the moderator, shall continue in office till the next annual meeting and till others are chosen and qualified in their stead. 1838, 46. SECT. 10. Moderators of meetings held for the choice of officers Moderator, clerk, shall be elected by written ballots. Clerks, assessors, treasurers, and &c., how chosen, collectors, shall be elected by written ballot and shall be sworn. Other RS 20, § 7. officers may be elected in such mode as the society may determine. 1 Cush. 149. SECT. 11. The prudential affairs of such societies shall be managed Prudential by their assessors or a standing committee specially appointed for that man whom purpose; and the assessors or committees shall have like authority for R. S. 20, § 14. calling meetings as selectmen have for calling town meetings. one 8 Met. 301. 4 Cush. 476. 97 Mass. 249. managed. may call meeting. 6 Met. 448. SECT. 12. If there are no assessors or committee, or if they unrea- When justice sonably refuse to call a meeting, any justice of the peace for the county, RS. 20. § 17. upon the application of not less than five qualified voters, may call 3 Pick. 242. in the manner provided in section five. SECT. 13. The assessors or committee shall insert in the next war- Warrant, what to rant they issue for calling a meeting any matter which not less than five qualified voters of the society in writing request. Nothing acted upon shall have any legal operation, unless the subject matter thereof was inserted in the warrant. SECT. 14. Meetings shall be warned in the manner provided by any by-law or vote of the society, and when no provision is made, in such manner as the assessors or standing committee in their warrant for such meeting direct. contain, &c. 9 Pick. 97. R. S. 20, $ 16. Meetings, how 7 Who to preside. sworn. 6 Greenl. 448. SECT. 15. The clerk, or if there is no clerk or he is absent, the assessors or the standing committee, or any one of them, shall preside in the Officers, how choice of a moderator; and a clerk may then be chosen, either pro RS. 20, §§ 9, 10 tempore or to fill the vacancy, as the case may require. The moderator 5 Mass. 427. may administer the oath of office to the clerk; and the clerk to the See 1865, 100. assessors and collector or sild oaths may be administered by a justice of the peace; and they shall be substantially the same as are required to be taken by the clerk, assessors, and collectors, of towns. SECT. 16. The moderator shall have the same power as the modera Moderator's powers, &c. Disorderly con duct. R. S. 20, § 11. 16 Mass. 385. Collector. 13. tor of a town meeting; and persons guilty of disorderly behavior at a meeting shall be subject to the penalties and punishments provided for like offences in town meetings. SECT. 17. If the person chosen collector is present and accepts the R. S. 20, §§ 12, office, he shall forthwith be sworn. If not present, he shall be summoned to take the oath by a constable or any person whom the clerk or assessors may appoint for the purpose. Upon the refusal or neglect of a person present to accept the office at the time, and upon the neglect of a person so summoned, for the space of seven days, to appear and take the oath, the society shall proceed to a new choice; and so from time to time until some person accepts and is sworn. Vacancies in of- Societies. 1858, 116. SECT. 18. Vacancies in any of the annual offices, occurring after the annual meeting, may be filled at any other legal meeting. SECT. 19. The rector or one of the wardens of religious societies estant Episcopal belonging to the body of christians known as the Protestant Episcopal Church, organized under the laws of the commonwealth, may, unless it is otherwise provided in some by-law, preside at their meetings with all the powers of a moderator; and the wardens or wardens and vestry may exercise all the powers of a standing committee in accordance with the usage and discipline of said church. Unless they assess or collect a tax on the polls, estates, or pews, of the members thereof, such societies need not choose a collector or assessors; and they may in their by-laws provide, that the duties of assessors shall be performed by the wardens. But the officers upon whom the duties of standing committee or assessors may devolve shall in all cases be elected by ballot. Objects for which 10 Pick. 500. 8 Cush. 267. Taxes to be assessed on prop erty. R. S. 20, § 30. 1 Cush. 149. See 1866, 196. Corporations, &c., not to be taxed, &c. R. S. 20, § 20. 1848, 164, § 1. Societies may appoint treasurers collectors; may abate upon prompt payment. R. S. 20, §§ 23, 24. SECT. 20. The qualified voters of each religious society, at the annual meeting or at any other meeting regularly notified seven days at least before the holding thereof, may grant and vote such sums of money as they judge necessary for the settlement, maintenance, and support, of ministers or public teachers of religion; for the building or repairing of houses of public worship; for sacred music; for the purchase and preservation of burial grounds; and for all other necessary parish charges; which sums shall be assessed on the polls and estates of all the members of the society, in the same manner and proportion as town taxes are by law assessed. SECT. 21. The assessors shall assess the taxes upon the property (not exempted by law from taxation) of all the members of the society, including their real estate within the state, in whatever part thereof it may be situated, and their personal estate wherever the same may be; and no citizen shall be liable to pay a tax for the support of public worship or other parish charges, to a society other than that of which he is a member. SECT. 22. No corporation shall be taxed for any parochial purpose. Nor shall any person be taxed in a parish or religious society for property held by him as guardian or trustee. SECT. 23. Every society may appoint its treasurer collector of taxes; who shall have like powers and proceed in like manner, in enforcing the collection of such taxes after the expiration of the time fixed by the society for the payment thereof, as provided in chapter twelve for the collection of taxes by collectors of towns; and any society may authorize its treasurer and collector to make an abatement of such sum as it may agree upon at its annual meeting, to those who make voluntary payment of their taxes within such periods as may be determined by the society. SECT. 24. Unincorporated religious societies shall have like power hold, &c., dona- to manage, use, and employ, any donation, gift, or grant, made to them, according to its terms and conditions, as incorporated societies have, by law; may elect suitable trustees, agents, or officers therefor; and sue for any right which may vest in them in consequence of such donation, gift, or grant; for which purposes they shall be corporations. Unincorporated societies may tions. R. S. 20, $ 25. 5 Met. 160. 8 Met. 154. 16 Gray, 329. 6 Allen, 140. 7 Allen, 199. appointed; term government. SECT. 25. Incorporated and unincorporated religious societies may Trustees may be appoint trustees, not exceeding five in number, to hold and manage trust of office; regulafunds for their benefit, who shall hold their offices five years and until tions for their others are appointed in their stead, with power to fill vacancies for an 1853, 389, § 1 unexpired term occurring in their board. Such societies at or before See 1869, 248. the time of the first appointment of the trustees may establish rules and regulations for their government, which shall be considered as of the nature of a contract, and not subject to alteration or amendment except by all the trustees in office at the time and by a two-thirds vote of the society interested therein. SECT. 26. The terms "religious society" and "society" in the preceding sections shall include parishes. "so, in 'Religious so cludes parish. churches, &c., powers. SECT. 27. Persons owning or proposing to build a house of public Proprietors of worship may organize themselves in the same manner as religious may organize and societies are authorized to do by the provisions of this chapter; and have corporate shall thereupon become a corporation with the powers, privileges, duties, 1840, 62, §§ 1, 2 restrictions, and liabilities, set forth in chapter sixty-eight, and in the See § 29. following sections; but all the powers derived from such organization may be revoked by the legislature. Amount of estate which may be held. SECT. 28. Every such corporation may hold so much real and personal estate, in addition to its meeting-house, as may be necessary for its objects, and as has been agreed and determined on at the meeting held 1840, 62, § 3. for the purpose of organization; and the annual income thereof shall be See 1870, 67. applied to parochial purposes. copy of record SECT. 29. The clerk of every such corporation shall, within ten days Clerk to leave of such meeting, leave with the clerk of the town or city in which such with town clerk, house of worship is situated, or is about to be built, a true copy of the & record of the proceedings. If he fails so to do, the organization shall 1840, 62, § 4. be void. The copy shall be recorded by the clerk receiving it in a book kept for the purpose, for which he shall receive the fee of the register of deeds for like services. assess for altera SECT. 30. When the proprietors deem it expedient to alter, enlarge, Proprietors may repair, rebuild, or remove, their house, or build a new one, they may, at a tions, repairs, legal meeting called for that purpose, raise such sums of money as they Rs. 20, § 31. may judge necessary for the purpose, and to purchase land necessary 18966.84 therefor. &c. meetings may 8 Met 301. 13 Allen, 90. SECT. 31. A meeting of the proprietors for any of the purposes How proprietors aforesaid, may be called in the manner prescribed in the by-laws or be called. votes of the corporation, or by a warrant granted by a justice of the RS. 29, $35. peace on application in writing by any five of sad proprietors, which 9 Cush. 508. warrant shall be directed to one of the applicants; or such meeting may be called by a notification by the clerk of the proprietors, who shall warn a meeting on a like application to him; and in either case the meeting may be warned by notification served as provided in section five. 1 Assessment and SECT. 32. Money raised may be assessed on the pews in such house, collection of and the assessment may be committed to the treasurer of the proprie- money. tors, who shall forthwith give notice by posting up an advertisement at See $39. R. S. 20, § 32. the principal outer door of the house, stating the completion of such See 1866, 196. assessment and the day of delivery thereof to him; and if any part of said taxes remains unpaid for three months afterwards, the treasurer shall collect the same forthwith by sales at public auction of the pews whereon the same remains unpaid, in the manner provided in the following sections. pews are sold by SECT. 33. The treasurer shall post up a notification of the intended Notice when sale of a pew for taxes at the principal outer door of such house, at treasurer. least three weeks before the time of sale, setting forth the number of RS. 20, § 33. the pew, if any, the name of the owner or occupant, if known, and the amount of the tax due thereon; and if any part of said tax remains See $ 39. Allen, 369. Affidavit of notice of sales made evidence. R. S. 20, § 34. Proprietors may take down pews &c. Proceedings in 4 N. Hamp. R. unpaid at the time, the treasurer shall sell the pew at public auction to the highest bidder, and shall execute and deliver to the purchaser a sufficient deed of conveyance. The money arising from the sale, beyond the taxes and incidental reasonable charges, shall be paid by the treasurer to the former owner of the pew, or to his assigns. SECT. 34. An affidavit annexed to an original notification or to a copy thereof, made before a justice of the peace, and recorded on the proprietors' records within six months next after such sale, shall be allowed as one mode of proof of the posting up of the notifications herein before required. SECT. 35. Such proprietors, for the purpose of building a new house, to alter churches, or of altering, enlarging, repairing, rebuilding, or removing, their house already built, may sell their house or take down any pews therein; the pews taken being first appraised by three or more disinterested persons chosen by the proprietors for that purpose. The pews newly erected shall be sold by their treasurer at public auction to the highest bidder, and deeds thereof given in like manner as when pews are sold for the payment of taxes. The money arising from such sale shall be applied, so far as may be necessary, to paying the appraised value of the pews taken down; and the deficiency, if any, shall be paid by the proprietors of such house, within thirty days after the sale. 13 Allen, 511. Parishes, &c., may sell house, &c. R. S. 20, § 37. 1853, 256. 19 Pick. 361. No compensation 1 Pick. 102. 3 Pick. 344. 7 Pick. 138. 9 Cush. 508. Pews personal estate, &c. in certain churches may assessed, &c. 1845, 213, § 1. be SECT. 36. Under the regulations of the preceding section, a parish or religious society, whenever it deems it necessary for the purpose of building a new house or of altering, enlarging, removing, or rebuilding, its house already built, may take down any pews therein or sell the house. SECT. 37. Nothing contained in the two preceding sections shall entitle a person to compensation for a pew so taken down, when such house is unfit for the purposes of public worship. SECT. 38. Pews shall be personal estate. But this provision shall not affect any existing right of dower. SECT. 39. Corporations for religious purposes may assess upon the 1855, 122, §§1,2. pews in a church or meeting-house which they have erected or procured for public worship since the twenty-fifth day of March eighteen hundred and forty-five, according to a valuation of said pews which shall first be agreed upon and recorded by the clerk, sums of money for the support of public worship and other parochial charges, and for the repairs of the house. Such assessments may be collected in the manner provided in sections thirty-two and thirty-three. in other churches, &c. 1852, 319, § 1. 1854, 258, § 1. 1 Cush. 149. 3 Allen, 369. to be purchased in certain cases 1854, 258, § 2. SECT. 40. A corporation which had erected or procured such house prior to the twenty-th day of March, eighteen hundred and forty-five, may avail itself of the provisions of the preceding section, if the consent of all the pew owners is obtained, or two-thirds of the members present and voting at a regular meeting called for that purpose so determine. SECT. 41. A religious society which votes to avail itself of the at an appraisal. provisions of section thirty-nine, shall, upon the application of a person owning one or more pews in its house, within one year after said vote, purchase the same at the appraised value. Such appraisal shall be made by three disinterested persons who may be chosen, one by the pew owner, one by the society, and the third by the two persons thus chosen. Societies complying with pre SECT. 42. Any religious society complying with the requisitions of ceding sections to the two preceding sections, shall be entitled to the privileges and subhave powers, &c. ject to the liabilities incident to those religious societies which have 1854, 258, § 3. erected or procured a meeting-house for public worship since the twentyfifth day of March in the year eighteen hundred and forty-five. Trustees of Methodist Episcopal societies SECT. 43. The trustees of any society of the Methodist Episcopal Church, or of the African Methodist Episcopal Church, appointed atmay organize and cording to the discipline or usages thereof respectively or as such tions. society chooses, may organize and become a corporation with powers, become corpora- See § 46. 109M.165 tees. $4000. SECT. 44. Such trustees may receive, hold, and manage, all the prop- Powers of truserty, both real and personal, belonging to such society, and sell and Annual income convey the same, and hold in trust gifts, grants, bequests, or donations, not to exceed made to such society for the support of public worship and other reli- 1847, 280, § 2. gious purposes: provided, that the annual income thereof, exclusive of 1857, 48, § 2. the meeting-house, shall not exceed four thousand dollars. First meeting, sworn. SECT. 45. The first meeting of such trustees may be called by a justice of the peace upon the application of three or more of the trus- ganization. tees; at which they may choose a secretary and other officers. The Secretary to be provisions of this chapter in relation to the warning and organization of 1847, 280, § 3. meetings of religious societies shall, so far as the same are applicable, be in force in regard to meetings for the organization of such trustees. The secretary, before entering upon the duties of his office, shall be sworn to the faithful discharge of the same, and a record of such oath shall be kept in the records of their proceedings. to be left with SECT. 46. An attested copy of the record of the proceedings at such Copy of record of, organization shall be left with the town or city clerk, and recorded town clerk, or within the time and in the manner prescribed in section twenty-nine. organization to If the secretary omits to leave such copy within the time specified the 1847, 280, § 4. organization shall be void. be void. CHAPTER 31. OF DONATIONS AND CONVEYANCES FOR PIOUS AND CHARITABLE USES. bodies corporate, 12 Mass. 545. SECTION 1. The deacons, church wardens, or other similar officers, of Deacons, &c., all churches or religious societies, if citizens of this commonwealth, shall e be deemed bodies corporate, for the purpose of taking and holding in R. S. 20, § 39. succession all grants and donations, whether of real or personal estate, 12 Met. 250/8/4, made either to them and their successors, or to their respective churches, 9 Cush. 181. or to the poor of their churches. 4 Cush. 281. $1814,177 certain cases to SECT. 2. When the ministers, elders, or vestry, of a church are, in the Ministers, &c., in grants or donations mentioned in the preceding section, joined with such be joined in body deacons or church wardens as donées or grantees, such officers and their corporate. R. S. 20, $ 40. successors, together with the deacons or church wardens, shall be deemed 12 Met. 250. the corporation for the purposes of such grants and donations. 4 Cush. 281. take in succes SECT. 3. The minister of every church or religious society of what- Ministers may ever denomination, if a citizen of this commonwealth, shall be capable sion, &c. of taking in succession any parsonage land granted to the minister and R. S. 20, § 41. his successors, or to the use of the ministers, or granted by any words of 10 Mass. 93. |