Body politic. powers, etc. Subject to certain association, and their associates and fellow members of said church, and all who may thereafter become members of said church, according to the discipline, rules and usages of the Methodist Episcopal church, shall thereby become, and thenceforth be, a body politic or corporation, by the name expressed in said articles of association, with all the powers, rights and privileges appertaining to religious corporations by the laws of this State. SEC. 5. Said church, when so organized, shall be subject in discipline, etc. all matters of church government and ecclesiastical polity to the discipline, usage and ministerial appointments of the Methodist Episcopal church in the United States of America, as from time to time authorized and declared by the general conference of said church and the annual conference within whose bounds such corporation may be situated. Board of trustees; number; how elected, etc. Corporate seal. Power to hold and convey property. Board of trustees may authorize SEC. 6. The temporalities of said church shall be managed by a board of trustees, consisting of not less than three nor more than nine members, to be elected by said corporation from its members, the said trustees to hold their office for the term of one year. Vacancies in said board may be filled at any time for the balance of the term, by an election, as in other cases. SEC. 7. Said corporation may have a seal and alter the same at pleasure; it may in its corporate name sue and be sued in all courts and places; it shall have power to acquire, hold, sell and convey property, both real and personal, in accordance with this act, and it may recover and hold the debts, demands. rights, privileges and all property, whether real or personal, of whatsoever sort it may be, belonging or appertaining to said church, in whatever manner the same may have been acquired, and in whose hands soever the same may be held, the same as if the right and title had originally been vested in said corporation. The board of trustees may authorize certain of the officers of said board to affix the corporate name and the seal of the corporation, and to execute certain officers and attest conveyances, notes, obligations, acquittances and all other necessary legal documents. It may sell, mortgage and dispose of its personal property; and may mortgage and incumber its real estate, but not for the current expenses of the church. It may hold so much land as may be needful for the proper purposes of said church and its parsonage. Said Who permitted Corporation shall at all times permit such ministers, belong ing to the Methodist Episcopal church, as shall from time to time be duly authorized by the general conference of said church, or by the annual conference within whose bounds the said corporation may be, to preach and expound God's holy word therein; and shall permit pastors and presiding elders, duly appointed to execute the discipline of said Methodist Episcopal church, to administer the sacraments therein. to affix seal, etc. How may mortgage and dispose of real estate. to preach. Who may administer sacraments. How may SEC. 8. It shall be lawful for any church organized under amend articles the provisions of this act, by a two-thirds vote of the quarterly of association. conference of said church, to alter or amend its articles of association in any manner not inconsistent with the provisions of this act or the book of discipline of the Methodist Episcopal church; and such alteration or amendment shall become operative when two-thirds of all the members of the quarterly conference shall execute amended articles and the said amended articles are acknowledged in the same manner as stated in section three of this act, and the presiding elder has affixed his certificate thereto, as provided in said section, and the same has been recorded or left for record, as provided in section four of this act. authorize sale may sell real proceeds of SEC. 9. Whenever it shall become necessary, for the pay- Who may ment of debts or with a view of reinvestment, to make a sale of real estate. of any real estate belonging to said church, the quarterly conference of said church may, by a vote of a majority of all the members of said quarterly conference and the consent of the pastor of said church and of the presiding elder of the district of which such church may or shall be a part, authorize a sale of said real estate by the trustees of said church, with such limitations and restrictions as the quarterly conference may judge necessary and impose; and the trustees of said church, when so authorized, may sell and convey said When trustees property, and with the proceeds of such sale pay the debts estate. of such corporation, or reinvest the said proceeds by Disposition of the purchase or improvement of other property for the same sale. uses and deeded to the corporation in the same manner as provided in section seven of this act, as said trustees may be directed by the quarterly conference: Provided, That in all Proviso. cases the proceeds of such sale, after the payment of debts, if, any, if not applied to the purchase or improvement of other property as aforesaid, shall be held by such corporation subject to the order of the annual conference within the bounds of which such property is located. In all cases where property Title of belonging to any church incorporated under the provisions of property; when this act has been abandoned, and is no longer used for the annual purpose for which said property was acquired, or said corporation has dissolved, or has ceased to exist, the title to the said property belonging to said corporation shall pass to the annual conference within the bounds of which said property is located; and said annual conference may, by such officer or committee as said annual conference may designate for that License to sell; purpose, apply to the circuit court in chancery, for the county in which such property may be, for license to sell the same; and such license may be granted by said court after such notice of said application as the court may direct; and there- Proceeds of upon said property may be sold, and the proceeds of such sale, how sale applied or used as said annual conference may direct. to pass to conference. how obtained. applied. to place certain SEC. 10. Any Methodist Episcopal church heretofore in- Vote required corporated, or the trustees of which have heretofore exercised churches under the powers of a body corporate, may by a two-thirds vote of this act, etc. the members of the quarterly conference, place itself under Construction of act. Prima facie evidence of trustees. the provisions of this act, the same as if originally incorporated under it, by two-thirds of the members of said quarterly conference executing articles of association as provided in section three of this act, and the presiding elder affixing his certificate thereto, as provided in said section, and recording the same, as provided in section four of this act. SEC. 11. In all proceedings or suits that may arise, or be brought in any of the courts of this state, touching, or in any way concerning, churches that may be incorporated under this act, or which by vote of the quarterly conference thereof may have placed themselves under its provisions, all other acts or parts of acts inconsistent herewith shall be interpreted and construed in such manner as to give full force and effect to all the provisions of this act, and to all the rights and privileges granted by this act to churches incorporated or placed thereunder. SEC. 12. It is further provided that the execution by the appointment of acting trustees of said corporation, in proper form, of any deed, mortgage, note, bond, or other obligation or contract of said corporation, shall be prima facie evidence of the proper appointment of said trustees and that the necessary steps have been taken to give them full authority to make such transaction. How may extend corporate existence. Resolution must be attested by pastor or presiding elder. SEC. 13. Any corporation organized under the provisions of this act whose corporate existence is about to expire by limitation may extend its corporate existence from time to time for a term not exceeding thirty years, by causing to be recorded in the office of the clerk of the county where such corporation is located, a copy of a resolution expressing a desire to so extend its corporate existence, which resolution shall be adopted by such corporation at a meeting called for the purpose by the pastor of the church or the presiding elder of the district within which said corporation is located. When such resolution is left for record with the clerk of the county within which said corporation is located it shall be duly attested by the pastor of the church or the presiding elder of the district. Upon the leaving of such resolution for record, as above specified, with the attestation as above specified, the corporate existence of such body shall be extended in accordance with the terms of such resolution for a term not exceeding thirty years from the date of the expiration of its former term, and all rights of property and of contract shall remain unimpaired and the corporate identity of such body shall remain unchanged. This act is ordered to take immediate effect. [No. 12.] AN ACT to provide for the relief of sick, disabled and needy ex-soldiers, sailors and marines of the late Spanish-American war. The People of the State of Michigan enact: for soldiers' SECTION 1. That an amount not exceeding the sum of four Appropriation one-hundredths of a mill on each one dollar of the equalized aid fund. valuation of taxable property of the State as fixed by the State Board of Equalization for the year one thousand eight hundred and ninety-six, is hereby appropriated from the general fund, not otherwise appropriated, to be set apart and be nominated "The Soldiers' Aid Fund," for the maintenance, care and support of sick, disabled and needy Michigan exsoldiers, sailors and marines of the late Spanish-American war, and Michigan men who enlisted from this State in any other State volunteer forces, or the United States regular service in said war and who were employed in the United States volunteer or regular service in the said war, and were residents of this State at the time of said enlistment and service, and who reside within this State, and have been honorably discharged from such service, or who may be hereafter honorably discharged, prior to July first, A. D. one thousand eight hundred and ninety-nine. constitute. SEC. 2. The prosecuting attorney, judge of probate, county Relief boards, clerk and county treasurer of every organized county within stit this State are hereby constituted a county relief board, for the purpose of ascertaining the necessity of extending relief to any sick, disabled or needy ex-soldier, sailor or marine of said war within their respective counties, and whenever a majority of such board shall determine that it is just and When to extend proper to extend relief to any such sick, disabled or needy ex- relief. soldier, sailor or marine within their county, they are hereby authorized to make such arrangement as they shall deem necessary, for the proper care, maintenance and support of such ex-soldiers, sailors and marines as are specified in section one of this act: Provided, That the amount which said board Proviso. is authorized to arrange for being incurred by the terms of this act shall not exceed four one-hundredths of a mill on each one dollar of the equalized valuation of taxable property of the county as determined by the State Board of Equalization for the year one thousand eight hundred and ninety-six: And Provided further, That the members of said board shall per- Further form the services required of them under this act without proviso. compensation and without expense to the State or any county thereof, of any nature whatsoever. SEC. 3. It shall be the duty of such county relief boards to Reliet boards keep a correct record of all expenditures authorized by them to keep record of expense, etc. for the care and support of every such sick, disabled or needy Relief boards to report to ex-soldier, sailor or marine within their county, and said board shall, at least once in each month during the time this act shall be and remain in force, report to the State Military Board a military board. complete account of all expenditures or indebtedness so authorized by them, showing the reasons therefor, when and for whom such expenditures were authorized and such additional facts as they may deem necessary and proper. Duty of county relief boards. SEC. 4. The several county relief boards created by this act shall, once in each month, from and after the time this act takes effect, present to the Auditor General itemized vouchers upon form furnished by the State and certified to under oath by a majority of the members of said board, showing the several expenditures authorized by said board, the reasons therefor, and when, and for whom such expenditures were authorized, and when such vouchers properly receipted by the payee shall also contain a certificate of the State Military Board General to issue certifying to their correctness, the Auditor General shall issue his warrant for the payment of the amount so certified in said vouchers: Provided, That the total amount of such vouchers issued to claimants in each county shall not exceed the maximum amount specified for each county by the terms of this act. Auditor warrants. Proviso. Amounts to be appropriation. Proviso. SEC. 5. The amount paid by the Auditor General by charged against Voucher under the terms of this act shall be charged against the amount of the appropriation herein provided for to which each county is entitled: Provided, That no part of the moneys appropriated by this act shall be expended for the maintenance, care and support of such ex-soldiers, sailors and marines which shall not have been incurred previous to the first day of July, one thousand eight hundred and ninety-nine, and it shall be the duty of each of said county relief boards to make their final report to the State Military Board, and to present to the Auditor General their certificates showing the expenditures herein provided for to the first day of August, one thousand eight hundred and ninety-nine, by the first day of September next succeeding: Provided, That every county having an unused balance of this appropriation to its credit, shall have the same placed to the credit of the general tax account of such county with the State. Proviso. Penalty for embezzlement of funds, etc. SEC. 6. If any person shall embezzle, fraudulently use, appropriate, or intentionally misappropriate any part of the moneys provided for in this act, or shall intentionally apply any part of said moneys to any other use than that herein specified, such person shall be deemed guilty of a felony, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars, or imprisonment in the State prison for a term not exceeding five years, or by both such fine and imprisonment, in the discretion of the court. This act is ordered to take immediate effect. |