CHAPTER XXXII.

RELIGIOUS SOCIETIES IN MASSACHUSETTS - -THE DEACONS AND OTHER SIMILAR CHURCH OFFICERS BODIES CORPORATE FOR CERTAIN PURPOSES CONVEYANCE OF LANDS BY THE FRIENDS OR QUAKERS-TRUSTEES HOLDING FUNDS FOR RELIGIOUS PURPOSES-POWER OF PROBATE COURT OVER.

§ 453. The deacons, church-wardens or other similar officers of all churches or religious societies, if citizens of the commonwealth of Massachusetts, are by law deemed bodies corporate, for the purpose of taking and holding in succession all grants and donations, whether of real or personal estate, made either to them and their successors, or to their respective churches, or to the poor of their churches. When the ministers, elders or vestry of a church are, in the grants or donations mentioned, joined with such deacons or churchwardens as donees or grantees, such officers, and their successors, together with the deacons or church-wardens, will be deemed the corporation for the purposes of such grants and donations. (General Statutes of 1860, Ch. 31, Secs. 1 and 2.)

§ 454. No conveyance of the lands of a church will be effectual to pass the same, if made by the deacons without the consent of the church, or a committee of the church appointed for that purpose, or, if made by the churchwardens without the consent of the vestry. The several churches, other than those of the Episcopal denomination, may choose committees for the purpose of settling the accounts of the deacons and other church officers, and, if necessary, to commence and prosecute suits in the name of

the church against the deacons or other owners touching the same. (Ib., Secs. 4 and 6.)

§ 455. The income of any grant or donation, made to or for the use of a church, cannot exceed the sum of two thousand dollars a year, exclusive of the income of any parsonage lands granted to or for the use of the ministry. (Ib., Sec. 7.)

§ 456. The funds of a Congregational church, derived from the voluntary contributions of members on communion days, from other donations not specifically appropriated by the donors, and from accumulations of interest, though invested with other funds specifically appropriated, to which such contributions and donations were added by the donors, are held by the church in their own right, to be appropriated at their discretion, both as to principal and interest, and not by the deacons, in trust for the society connected with the church, or for any purpose of general charity to be enforced by an information filed by the public prosecutor. (Parker v. May, 5 Cush. 336.)

§ 457. The deacons and other church officers have no power to enter into executory contracts, negotiations or speculation, or give a promissory note, in such a manner as to bind their successors or the church, even though the same were done in good faith, in the hope and expecta tion that such transactions might prove for the best inte rests of the church. (Jefts v. York, 10 Cush. 394, and 12 Ib. 196.)

§ 458. The overseers of each monthly meeting of the people called Friends, or Quakers, are made by statute, a body corporate, for the purpose of taking and holding in succession grants and donations of real or personal estate

made to the use of such meeting, or to the use of any preparative meeting belonging thereto; and they may alien or manage such estate according to the terms and conditions. of the grants and donations, and prosecute and defend in any action touching the same, provided that the income of the grants and donations to any one of such meetings for the uses aforesaid shall not exceed the sum of five thousand dollars per year. (Gen. Stat. 1860, Ch. 31, Sec. 8.)

§ 459. All trustees, whether incorporated or not, who hold funds given or bequeathed to a city or town for any religious purpose, are required to make an annual exhibit of the condition of such funds to the board of aldermen of the city, or the selectmen of the town, to which such funds. have been given or bequeathed; and all transactions by the trustees concerning such funds must be open to inspection by the board of aldermen of the city, or selectmen of the town, to which the returns are made. (Ib., Sec. 9.)

§ 460. The probate court of the county in which the city or town is situated, to which funds have been given or bequeathed for religious purposes, may, on the petition of five persons, cite all parties interested to appear before the court to answer all complaints which may then and there be made; and if a trustee has neglected or refused to render his annual exhibit, or is incapable of discharging the trust reposed, or unsuitable to manage the affairs of the same, the court may remove such trustee, and supply the vacancy. (Ib., Sec. 10.)

§ 461. No forms are given for the incorporation of religious societies in Massachusetts, and for the various proceedings connected with the operations and workings of such societies, from the fact that they are all very simple, and may be easily framed, without any guide but the law.

CHAPTER XXXIII.

RELIGIOUS SOCIETIES IN CONNECTICUT SOCIETIES, HOW FORMED-OFFICERS AND TRUSTEES-POWERS OF THE SOCIETYMEETING-HOUSES AND PEWS-TAXES-EXPENSES OF PUBLIC SUITS BY AND AGAINST RELIGIOUS SOCIETIES TITHESMEN TO BE ELECTED THE SHAKERS.

WORSHIP ENFORCED

§ 462. In the State of Connecticut all societies and congregations, instituted for public religious worship, which have been incorporated by law, in local limits or otherwise, or formed by voluntary association, may hold, possess and enjoy all real and personal property, all public buildings and funds belonging to such societies and congregations, appropriated to the use and support of public worship, and have power to take care of, manage and apply the same to such purpose, and are capable to receive any grants or donations, and by voluntary agreement to establish funds for the same object. (Revised Statutes of 1866, Title VII, Ch. 4, Sec. 201.)

§ 463. Christians of every denomination not belonging to any particular society or congregation, have power to unite and form societies or congregations, in such manner as they may think proper, and, when so associated, such societies or congregations have all the rights, powers and privileges given by the act to religious societies and congregations. Jews, who may desire to unite and form religious societies, possess and have the same rights, powers and privileges as are given to Christians of every denomination by the laws of the State. (Ib., Secs. 202 and 203.)

§ 464. Whenever any person may desire to join any reli

gious society or congregation, which has been or may be incorporated by law, or formed by voluntary association, he may lodge with the clerk of such society or congregation, or, if there be no clerk, with any other officer thereof, a written declaration, subscribed by himself, expressing his desire and intention of becoming a member of such society or congregation, and thereupon he becomes a member of such society or congregation, and is entitled to all the privileges, and liable to all the duties of a member, unless a majority of such society or congregation shall, at their next lawful meeting, manifest their dissent thereto. (Ib., Sec. 204.)

§ 465. The members of every religious society and congregation may annnally meet some time in the month of December, or at any other time they may judge convenient, at the usual place of holding meetings, or at such place as they shall establish, upon warning and notice given at least five days before such meeting, by the committee of the society or congregation, or if there be no committee, by the clerk, and if there be no clerk, by a warrant from a justice of the peace, upon application of five or more members of the society or congregation. A special meeting of any religious society or congregation must be warned by the committee of such society, or if there be no committee, by the clerk, at any time when application in writing for that purpose may be made to such committee or clerk by twenty members of such society or congregation; and when the members of any such society or congregation shall not exceed twenty-five in number, a special meeting shall be warned by the committee, or if there be no committee, by the clerk of such society, at any time when application for that purpose may be made in writing to such committee or clerk by five members of such society or congregation. (Ib., Sec. 205.)