CHAPTER LXVIII.

OF RELIGIOUS SOCIETIES.

Chapter 52 of Re

vised Statutes of

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.]

(2009.) SECTION 1. The People of the State of Michigan enact, 1846 repealed. That Chapter fifty-two of the Revised Statutes of 1846, entitled, "Of Religious Societies," be and the same is hereby repealed, saving all rights which may have accrued under the same, subject to the modifications provided in this act.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 Reii

and elect Trustees.

(2010.) SEC. 2. It shall be lawful for any number of pergious Society, sons of 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, congregation or Religious Society.

Minister, etc., may be President.

voters.

(2011.) SEC. 3. It shall be lawful for any such church, congregation or Religious Society, to choose their minister, priest, curate, rector, parson, or officiating clergyman, for the time being, to be the President of said Corporation and of their Qualifications of meetings, by a vote as aforesaid; and at the first election provided for in this act, every 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 worshipper with, or a contributor regularly for one year previous to the support of such church, congregation or Society, shall be entitled to vote.

Notice of Election, how given.

(2012.) SEC. 4. The minister, priest, rector, curate, parson, or officiating clergyman of such congregation or Society, or if none of them be present, one of the elders or deacons, churchwardens 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 Elec

(2013.) SEC. 5. Any two of the elders, deacons, church- Who to be Inwardens or vestrymen of such church, congregation or tion, etc. Society, or if such 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 Trustees Certificate to be or vestrymen and their successors in office shall forever thereafter be known and called, shall be particularly mentioned prate name, and specified, and such Trustees may in said certificate be denominated vestrymen, or churchwardens and vestrymen, executive committee, or any other name stated in the certificate: Provided, always, That they shall have all the power specified in this act, and be elected in the manner provided for in this act.

made, stating name of Trustees, Corporate

etc.

acknowledged.

Record Certifi

cate.

(2014.) SEC. 6. Such certificate shall be acknowledged by Certificate to be the persons making the same, or proved by a subscribing witness thereto before some officer authorized to take acknowledgment of deeds, and recorded, together with the certificate county Clerk to of such acknowledgment or proof, by the clerk of the county within which the church or place of worship of such congregation shall be situated, in a book to be provided by him for that purpose, who shall be entitled to seventy-five cents for such recording; and thereafter such Trustees and their successors Trustees to beshall be a body corporate, by the name expressed in such certificate.

come body corporate.

1 Kernan, 243.

Corporation.

possession of

(2015.) SEC. 7. Such Trustees may have a common seal, and Common Seal of may alter the same at pleasure; and they may take into their Trustees to take possession and custody all the temporalities of such church, Property. congregation or Society, whether the same shall consist of real 1 Kernan, 94. or personal estate, and whether the same may have been given, granted or devised, directly or indirectly, to such church, congregation or Society, or to any other person or persons for their use.

powers of Trus

(2016.) SEC. 8. Such Trustees may, also, in their corporate Rights and name, sue and be sued in all Courts and places; and they tees. may recover and hold all the debts, demands, rights, and privileges, all churches, buildings, burying places, and all the estate and appurtenances belonging to such church, congre

gation or Society, in whatsoever manner the same may have been acquired, or in whose hands soever the same may be held, as fully and amply as if the right and title thereto had been originally vested in said Trustees; and they may hold moneys or personal estate, raised or acquired for the purpose of erecting churches, or houses of residence for their minister or priest, or for the purchase of burial ground, for a period not exceeding one year before investment thereof, and not exceeding the value or amount of twenty thousand dollars; and they limitation of may hold for a period not exceeding three years, any land cartain Property. Which may be lawfully conveyed to them not exceeding five thousand dollars in value, to be sold for the purpose of raising a fund for erecting, repairing or improving a church or churches, or other building aforesaid, or for the purchase or improvement of any cemetery or burial ground. But all such When land shall lands shall revert to the donor or grantor, his or her heirs or or grantor. assigns, if not disposed of within the time aforesaid.

time for holding

revert to donor

Trustees may

build Meeting Houses, etc., but

purpose.

(2017.) SEC. 9. The said Trustees, or Wardens and Vestrynot for secular men, shall also have authority, under the direction of the Society or congregation, to erect churches and meeting houses, dwelling houses for their ministers or priests, and other buildings for the direct and legitimate use of their church, congregation or Society, to alter and repair the same, but for no secular purposes.

manage the temporal affairs of Church.

To appoint cer

tain Officers, re

ate.

(2018.) SEC. 10. They shall also have authority to make rules and orders for managing the temporal affairs of such church, congregation or Society, and to dispose of all moneys belonging thereto, and to order and regulate the renting of pews or slips in their meeting houses and churches, and the perquisites for the breaking of the ground and burial of the dead in the cemetery or churchyard, and in the said churches or meeting houses.

(2019.) SEC. 11. They may appoint a Clerk and a Treasurer gulate their fees, of their board, and a Collector to collect their rents and revenues, and may regulate the fees to be allowed such Clerk, Treasurer and Collector, and may remove them and appoint others in their stead, at pleasure; and such clerk shall enter all rules and orders made by such Trustees, and payments ordered by them, in a book to be procured by them for that purpose.

Duty of Clerk.

Meeting of Trustoos, how called,

etc.

(2020.) SEC. 12. Any two of the Trustees may at any time call a meeting of the Trustees, and a majority of them, being lawfully convened, shall be competent to do and perform all

casting vote.

matters and things which such Trustees are authorized to do and perform; and said Trustees may elect the minister, priest, President to have curate, rector, parson, or officiating clergyman of said Society, for the time being, to preside at such meetings, who shall have no vote except in case of a tie of the board, when he shall have a casting vote.

classification,

(2021.) SEC. 13. The said Trustees shall hold their offices Term of office, for three years; and immediately after their first election, as etc., of Trustees. hereinbefore provided, the said Trustees shall be divided by lot into three classes, numbered one, two, and three; and the seats of the first class shall be vacated at the end of the first year, of the second class at the end of the second year, and of the third class at the end of the third year, to the end that, as near as may be, one-third part of the whole number of the Trustees may be annually chosen: Provided, however, That Articles may any persons entering into articles of Association, as aforesaid, nual Election of may provide in said articles for the election of the whole Board Trustees. of Trustees once in each year, at such time as they may appoint, in the manner above prescribed, and said whole number may be elected in conformity to such provisions.

provide for An

whole Board of

Minister, etc., of

office of Trustees.

(2022.) SEC. 14. It shall be the duty of the Clerk of said Clerk to notify Trustees, at least one month before the expiration of the office expiration of of any of said Trustees, to notify the same in writing, to the minister, priest, curate, rector, parson, or officiating clergyman, or in case of his death or absence, to the elders or churchwardens, or if there be no elders or churchwardens, then to the deacons or vestrymen of any such church, congregation, or Society, specifying in such notice the names of the Trustees whose office will expire; and the minister, priest, curate, rector, Minister to notify parson, or other officer receiving such notice shall, in manner point Election. aforesaid, notify the members of such church, congregation or Society, of such vacancies, and appoint the time and place for the election to supply the same.

members and ap

held six days be

(2023.) SEC. 15. Such election shall be held at least six days Election to be before vacancies shall occur as aforesaid; and all such subse- fore expiration of quent elections shall be held and conducted by the like persons, and in the same manner, as hereinbefore provided for the first election; and in case any vacancy shall occur by the vacancies to be death of a Trustee, his refusal to act, or removal from the der of term. Society before his term of office expires, or otherwise, notice thereof shall be given as aforesaid, and an election shall be held and another Trustee chosen in his stead for the remainder of his term.

filled for remain