Page images
PDF
EPUB

ing, who is called to the chair, shall preside thereat. Such presiding officer shall receive the votes, be the judge of the qualifications of voters, and declare the result of the votes cast at such meeting.

The polls of the meeting shall remain open for one hour or longer in the discretion of the presiding officer, or if required, by a vote of a majority of the voters present.

The meeting shall decide whether such unincorporated parish or congregation shall become incorporated. If such decision be in favor of incorporation, such meeting shall decide upon the name of the proposed corporation; what secular day of the week beginning with the first Sunday in Advent, shall be the date of the regular annual election of such corporation; whether the vestrymen thereof shall be three, six or nine; and shall elect by ballot from the persons qualified to be voters thereat, who have been baptized, one-third of the number of vestrymen so decided upon to hold office until the first annual meeting of the corporation to be held thereafter, one-third of such number, to hold office until one year after such annual meeting, and one-third of such number, to hold office until two years after such annual meeting; and shall elect from such qualified voters who are communicants in the Protestant Episcopal church, two persons to be churchwardens thereof, one to hold office until such annual meeting and one to hold office until one year after such annual meeting.

[L. 1813, ch. 60, § 1, subs. 1-6; R. S., 8th ed., 1881. The only material changes of substance are:

1. A notice of the meeting is to be read or posted instead of being read and posted as required by the present law. The present law requires the notice to be read by the rector or officiating minister. This section does not specify the persons who shall read it.

2. The qualifications of voters is materially changed.

3. The date to be specified for annual corporate meeting is changed from Easter week to the week beginning with the first Sunday in Advent.

4. The number of vestrymen is changed from "not less than four nor more than eight annually elected," to "either three, six or nine," of whom one-third shall be elected annually.]

§ 31. The certificates of incorporation.- If such meeting shall decide in favor of incorporation and comply with the next preceding section, the presiding officer of such meeting and at least two other persons present and voting thereat, shall execute and acknowledge a certificate of incorporation setting forth:

1. The fact of the calling and holding of such meeting; 2. The name of the corporation as decided upon thereat; 3. The county, and the town, city or village, in which its principal place of worship is, or is intended to be located.

4. The day of the week commencing with the first Sunday in Advent, upon which the annual elections of the corporation shall be held;

5. The number of vestrymen decided upon at such meeting;

6. The names of the vestrymen elected at such meeting and the term of office of each;

7. The names of the churchwardens elected at such meeting and the term of office of each.

On filing such certificate in the office of the clerk of the county, so specified therein, the members of such parish or congregation and the persons qualified to vote at such meeting, and the persons who shall thereafter, from time to time, be qualified voters at the corporate meetings thereof, shall be a corporation, by the name stated in such certificate and the persons so elected churchwardens and vestrymen, shall be its churchwardens and vestrymen for the terms therein stated respectively.

Such corporation shall be an incorporated church, and may be termed also an incorporated parish.

[L. 1813, ch. 60, § 1, subs. 7, 8; R. S., 8th ed., 1882. The certificate contains more details than are required by present law. The qualified voters and the members are expressly constituted the corporation, instead of the trustees as provided by L. 1813, ch. 60, § 1, sub. 8; but the present law has been interpreted to make the members the corporation, Robertson v. Bullions, 11 N. Y., 243; Cran v. Evan. Luth. Soc., 36 N. Y. 161.]

§ 32. Corporate trustees; vestry; powers and duties thereof.The churchwardens and vestrymen of an incorporated Protest

ant Episcopal parish or church, together with the rector thereof, if any, shall be the trustees of the corporation and shall also constitute the vestry of the parish.

No meeting of the vestry or trustees shall be held unless either all the members thereof are present, or three days notice thereof shall be given to each member thereof, by the rector personally or in writing to each member thereof, or, if there be no rector or he be incapable of acting, by one of the church war dens; except that twenty-four hours notice of the first meeting of the vestry or trustees after an annual election, shall be suffi cient.

To constitute a quorum of the vestry or board of trustees there must be present either:

1. The rector, at least one of the churchwardens, and a majority of the vestrymen or

2. The rector, both churchwardens and one less than a majority of the vestrymen, or

3. If the rector be absent from the diocese and shall have been so absent for over four calendar months, or if the meetings be called by the rector and he be absent therefrom, or be incapable of acting, one churchwarden and a majority of the vestrymen, or both churchwardens and one less than a majority of the vestrymen.

But if there be a rector of the parish, no measure shall be taken, in his absence, in any case, for effecting the sale or disposition of the real property of the corporation, nor for the sale or disposition of the capital or principal of the personal property of the corporation, nor shall any act be done which shall impair the rights of such rector.

The presiding officer of the vestry or trustees shall be the rector, or if there be none, or he be absent, the churchwarden who shall be called to the chair by a majority of the votes, if both the churchwardens be present; or the churchwarden present, if but one be present.

At each meeting of the vestry or trustees each member thereof shall be entitled to one vote.

The vestry shall have power to fill a vacancy occuring in the office of a churchwarden or vestryman by death, resignation or otherwise than by expiration of term, until the next annual election at which, if such vacancy would continue thereafter, it shall be filled for the remainder of the unexpired term.

The vestry may, subject to the canons of the Protestant Episcopal church in the United States, and of the diocese in which the parish or church is situated, by a majority vote, elect a rector to fill a vacancy occurring in the rectorship of the parish, and may fix the salary or compensation of the rector.

[L. 1813, ch. 60, § 1, subs. 8, 14-16.]

§ 33. Annual elections of incorporated Protestant Episcopal parishes.-The annual election of a Protestant Episcopal parish, hereafter incorporated, shall be held on the secular day in the week commencing with the first Sunday in Advent, designated in its certificate of incorporation. The annual election of an incorporated Protestant Episcopal parish or church heretofore incorporated shall be held on the day fixed for such annual meeting, by or in pursuance of law, or if no such date be so fixed, then on the Monday next after the first Sunday in Advent.

Notice of such annual election shall be read by the rector of the parish, or if there be none, or he be absent, by the officiating minister or by a churchwarden thereof, on each of the two Sundays next preceding such election, in the time of divine service, or if, for any reason, the usual place of worship of the parish be not open for the divine service, the notice shall be posted conspicuously on the outer door of the place of worship for two weeks next preceding the meeting.

Such notice shall specify the place, day and hour of holding the meeting, the name and term of office of each churchwarden and vestryman whose term of office shall then expire, or whose office shall then be vacant for any cause, and the office for which each such officer is to be then elected. The meeting for each such annual election, shall be held immediately after morning service.

The presiding officer of such meeting shall be the rector thereof, if there be one, or if there be none, or he be absent, one of the churchwardens elected for the purpose by a majority of the duly qualified voters present, or if no churchwarden be present, a vestryman elected in like manner. Such presiding officer shall be the judge of the qualifications of the voters; shall receive the votes cast; and shall declare the result of the votes cast at such election. The presiding officer of such meeting shall enter the proceedings of the meeting in the book of the minutes of the vestry, sign his name thereto, and offer the same to as many qualified voters present as he shall think fit, to be also signed by them.

Only men of full age belonging to the parish, who have been regular attendants at its worship and contributors to its support for at least twelve months prior to such meeting, or since the establishment of such parish, shall be qualified voters at any such meeting. The action of the meeting upon any matter or question shall be decided by a majority of the qualified voters voting thereon. The polls of the election shall continue open for one hour, and longer, not exceeding six hours, in the discretion of the presiding officer, or, if required, by a vote of a majority of the qualified voters present and voting.

The churchwardens and vestrymen shall be elected by ballot from persons qualified to vote at such meeting, and no person shall be eligible for election as churchwarden, unless he be also a communicant in the Protestant Episcopal church, nor be eligible for election as vestryman, unless he shall have been baptized.

At each annual election of an incorporated Protestant Episcopal parish hereafter incorporated, one churchwarden shall be elected to hold office for two years; and one-third of the total number of the vestrymen of the parish shall be elected to hold office for three years. At each annual election of an incorporated Protestant Episcopal parish or church heretofore incorporated, two churchwardens and the total number of its vestrymen shall be elected to hold office for one year thereafter, unless the terms of office of but one churchwarden or of but one-third of its vestrymen shall then expire, in which case one churchwarden shall be

« PreviousContinue »