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CHAPTER CVIII.

RELIGIOUS SOCIETIES.

Chapter 52 of

Revised Statutes

An Act concerning churches and religious societies, establishing uniform rules for the acquisition, tenure, control, and disposition of property conveyed or dedicated for religious purposes, and to repeal chapter fifty-two of the Revised Statutes.

[Approved February 13, 1855. Took effect May 16, 1855. Laws of 1855, p. 313.]

(3054.) SECTION 1. The People of the State of Michigan enact, of 1846 repealed. That chapter fifty-two of the Revised Statutes of eighteen hundred and forty-six, entitled, "Of religious societies," be and the same is hereby repealed, saving all rights which may have accrued under the same, subject to the modifications provided in this act.

Five or more may organize

ees.

(3055.) SEC. 2. It shall be lawful for any number of persons, of and elect trust- full age, not less than five, who may be desirous of forming themselves into a church, congregation, or religious society, and who shall sign articles of association for that purpose, to assemble together, at such place as they may select, and by a plurality of votes, by ballot, elect any number of discreet persons, being laymen, not less than three nor more than nine in number, as trustees, to take charge of the property belonging to, and transact all the affairs relative to the temporalities of such church, congregaAmendment of tion, or religious society. At any time after such society shall ciation author- have become duly organized, it shall be lawful for any such church, congregation, or religious society, at a meeting thereof, called in accordance with the provisions of this act, by a vote of two-thirds of the members of such society entitled to vote, present at any such meeting, to amend its articles of association, in any manner not inconsistent with the provisions of this act, and such amend

articles of asso

ized.

be filed with

meuts shall become operative, on filing a copy of the same, certi- Amendments to fied by the moderator, chairman, or president, and clerk of such county clerk. meeting, with the clerk of the county where such society is

organized. '

may be presi

(3056.) SEC. 3. It shall be lawful for any such church, congrega- Minister, etc., tion, or religious society, to choose their minister, priest, curate, dent. rector, parson, or officiating clergyman, for the time being, to be the president of said corporation and of their meetings, by a vote as aforesaid; and at the first election provided for in this act, every Qualifications of person who shall have signed the articles, and at any subsequent elections every person of full age, who has for six months been a stated worshiper with, or a contributor regularly for one year previous to the support of such church, congregation, or society, shall be entitled to vote.

voters.

tion, how given.

(3057.) SEC. 4. The minister, priest, rector, curate, parson, or Notice of elecofficiating clergyman of such congregation or society, or if none of them be present, one of the elders or deacons, church-wardens, or vestrymen thereof, and for want of such officers, any other person being a member or stated hearer in such church, congregation, or society, shall publicly notify said congregation of the time when, and the place where, any election shall be held, at least fifteen days before the day of such election, and such notification shall be given for two successive Sabbaths on which such church, congregation, or society shall statedly meet for public worship, next preceding the election.

spectors of

(3058.) SEC. 5. Any two of the elders, deacons, church-wardens, who to be inor vestrymen of such church, congregation, or society, or if such election, etc. officers shall not be present, then any two voters present, to be nominated by a majority of the voters, shall be inspectors of such election, receive the votes, and determine the qualification of voters; and they shall immediately after the election certify, under their hands and seals, the names of persons elected to serve as trustees or vestrymen; in which certificate the name by which the said Certificate to be trustees or vestrymen and their successors in office shall forever name of trustthereafter be known and called, shall be particularly men- name, etc. tioned and specified, and such trustees may in said certificate be denominated vestrymen, or church-wardens and vestrymen, executive committee, or any other name stated in the certificate: Pro- Proviso. vided always, That they shall have all the power specified in this act, and be elected in the manner provided for in this act.

1 As amended by Act 17 of the Laws of 1862. p. 48, approved January 18, 1862.

made, stating

ees, corporate

Corporations managed by trustees.

Second. The name of such corporation, and the place where its office for the transaction of business is located, and the period for which it is incorporated, not exceeding thirty years;

Third. The objects for which it is organized, which shall be stated with convenient certainty, and expressly;

Fourth. The number of its trustees and regular officers, and the time and place of holding its annual meeting;

Fifth. The terms and conditions of membership therein. (3038.) SEC. 3. The affairs of each corporation shall be managed by not less than five nor more than twenty trustees, to be chosen by the members thereof, and to hold office for one year, and until their successors be chosen; and the regular officers thereof, except the treasurer and secretary, shall form a part of said trustees. The Choosing officers officers may be chosen by the trustees or by the members of such corporation, as the articles shall prescribe. The by-laws of such corporation shall be adopted by the trustees, who may change them at pleasure. A majority of the trustees shall be a quorum to transact business.1

By-laws.

A quorum.

Corporation not to hold real estate.

How funds shall not be invested.

Amount corporation may take by gift; how invested.

Articles of

agreement may specify how to invest.

(3039.) SEC. 4. No such corporation shall have power to take or hold any real estate except such as may be necessary for any hospital, asylum, or monument under its control, or for the transaction of its business, for a longer term than ten years.

2

(3040.) SEC. 5. All the funds received by any such corporation shall be used in the first instance, or shall be invested, and the income thereof used (after paying ensuing expenses), for the exclusive purpose set forth in the articles of association, and no portion of the funds of such corporation shall be used or contributed towards the erection, completion, or furnishing of any building not owned or used by such corporation. Such corporation may take by gift, purchase, or devise, property to an amount not exceeding one hundred thousand dollars, and it shall be lawful to invest the same upon mortgage, or in or by loan on bonds, or any city, county, State, or United States securities; but no loan shall be made to any trustee or officer of such corporation: Provided, That any such corporation may, in its articles of agreement, specify the kinds of securities in which its funds shall be invested, and that no part of its funds shall be invested in any securities other than those named in its articles, or where the securities shall not be speci

1 As amended by Act 148 of the Laws of 1867, p. 198, approved and took effect March 27, 1967.

2 Vide note to section 1 of this act.

fied in the articles or agreement, then such funds shall only be invested in such securities as are specified in this act.1

required by At

or Legislature to

(3041.) SEC. 6. Any corporation formed under this act shall, Society may be whenever required by the Attorney General or by the Legislature, torney General report a full statement of all its affairs, under the oath of at least make report. two of its trustees; and for any neglect to furnish such report when Penalty for negrequired, all of the trustees so neglecting shall be liable to a penalty of fifty dollars each, to be recovered by action of debt, in the name of the people of the State of Michigan.

SEC. 7. This act shall take effect immediately.

lect.

CHAPTER CVI.

INDUSTRIAL AND OTHER CHARITABLE SCHOOLS.

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An Act for the incorporation of industrial and other charitable schools.

[Approved March 27, 1867. Laws of 1867, p. 186.]

ted.

(3042) SECTION 1. The People of the State of Michigan enact, How incorporaThat any three or more persons, who may desire to become incorporated for the purpose of maintaining industrial schools for the relief and instruction of the children of the poor, or the maintenance of homes for vagrant and friendless children, or the instruction of children generally in the various mechanical trades or other avocations of life, or for the purpose of one or all of these objects united, may execute, under their hands, and acknowledge before some person within this State, authorized to take the acknowledgment of deeds, one or more duplicate articles of agreement, as hereinafter specified, one copy whereof shall be filed and recorded in the office of the Secretary of State, and a second shall

1 As amended by Act 32 of the Laws of 1871, p. 83, approved and took effect March 6, 1871.

Articles of asso

ciation. -Contents.

Number of trustees.

How officers are chosen.

Majority of

trustees a quorum.

Power to hold real estate.

How funds are to be used.

be made of such articles, or a certified copy thereof, in the clerk's office of the county or counties in this State, in which the office of said association for the transaction of business may be located; and upon the execution and acknowledgment of such articles, the signers thereof, and those who may thereafter become associated with them, shall become a body politic and corporate, for the purpose or purposes set forth in said articles.

(3043.) SEC. 2. The articles of this association shall containFirst. The names of the persons associating in the first instances, with their places of residence;

Second. The name of such corporation, and the place where its office for the transaction of business is located, and the period for which it is incorporated, not exceeding thirty years;

Third. The objects for which it is organized, which shall be stated with convenient certainty, and expressly;

Fourth. The number of its trustees and regular officers, and the time and place of holding its annual meeting;

Fifth. The terms and conditions of membership therein. (3044.) SEC. 3. The affairs of such corporation shall be managed by not less than five nor more than twenty trustees, to be chosen by the members thereof, and to hold office for one year, and until their successors be chosen; and the regular officers thereof, except the treasurer and secretary, shall form a part of said trustees, and the treasurer and secretary shall be chosen from said trustees. The officers may be chosen by said trustees, or by the members of such corporation, as the articles shall prescribe. The by-laws of such corporation shall be adopted by such trustees, who may change them at their pleasure. A majority of the trustees shall be a quorum to transact business, and all of such trustees shall be citizens of the United States, and residents of the State of Michigan.

(3045.) SEC. 4. No such corporation shall have power to take and hold any real estate, except such as may be necessary for any schools, shops or other buildings under its control, or for the transaction of its business and carrying out of its purposes, for a longer period than ten years.

(3046.) SEC. 5. All the funds received by any such corporation shall be used in the first instance, or shall be invested, and the income thereof used (after paying necessary expenses), for the exclusive purpose or purposes set forth in the articles of association; and no portion thereof shall be used for any such purpose or purposes, except within this State, and no portion of the funds of any such corporation shall be used or contributed towards the erection, com

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