ceding section two of the act of 1839, is declared to be construed and understood to mean and include all persons of the religious belief of the people called Shakers, resident within the same county. (Laws of 1839, Ch. 174, Sec. 3.)

CHAPTER XIV.

RELIGIOUS SOCIETIES IN NEW YORK-INCORPORATION OF OTHER RELIGIOUS SOCIETIES-FORM OF PROCEEDING THE TRUSTEES-QUALIFICATION OF VOTERS-ELECTORS TO BE REGIS

TERED.

§ 177. The male persons, of full age, belonging to any church, congregation or religious society in the State of New York, other than those already hereinafter noticed, desiring to become incorporated, may assemble at the church, meeting house, or other place where they statedly attend for divine worship, and, by a plurality of voices, elect any number of discreet persons of their church, congregation or society, not less than three nor exceeding nine in number, as trustees, to take the charge of the estate and property belonging thereto, and to transact all affairs relative to the temporalities thereof. (Laws of 1813, Ch. 60, Sec. 9; 3 Stat. at Large, 689.)

§ 178. Every male person of full age, who has statedly worshiped with such church, congregation or society, and has formerly been considered as belonging thereto, is entitled to vote at this first election. (Ib.)

§ 179. The minister of such church, congregation or society, or, in case of his death or absence, one of the elders

or deacons, church wardens or vestrymen, and for want of such officers, any other person, being a member or stated hearer in such church, congregation or society, must publicly notify the congregation of the time when and the place where the said election is to be held, at least fifteen days before the day of such election. This notification must be given for two successive Sabbaths, or days on which such church, congregation or society shall statedly meet for public worship, next preceding the day of such election. This notice is a very simple one, and no form of it need be given. (Laws of 1813, Ch. 60, Sec. 3; 3 Stat. at Large, 690.)

§ 180. On the day of such election two of the elders or church wardens, and, if there be no such officers, then two of the members of the said church, congregation or society, to be nominated by a majority of the members present, must preside at such election, receive the votes of the electors, be the judges of the qualifications of such electors, and the officers to return the name of the persons who, by plurality of voices, may be elected to serve as trustees for the said church, congregation or society. (Ib.)

§ 181. Immediately after such election the presiding and returning officers must execute an instrument, under their hands and seals, certifying the names of the persons elected to serve as trustees for such church, congregation or society, and the name or title by which the said trustees, and their successors, shall forever thereafter be called and known. This name or title must be determined by the vote of the electors, and particularly mentioned and described in the certificate. (Ib,)

§ 182. The certificate may be in the following form:

We, the undersigned, two of the elders (or church wardens, or members) of the church (or congregation, or religious society) hereinafter mentioned, do certify that on the day of 18, the male persons, of full age, belonging to a church (or congregation, or religious society) in which divine worship is celebrated according to the rites of the Presbyterian (or, as the case may be) church, and not already incorporated, met at the place of worship heretofore occupied by the said church (or congregation, or society) in the town of Volney in said county, for the purpose of incorporating themselves; and did then and there elect by plurality of voices, A. B., C. D.. &c.. &c. (not less than three nor more than nine persons), as trustees for the said church (or congregation, or society) and the said persons did then and there also determine, by the like plurality of voices, that the said trustees, and their successors, should forever hereafter be called and known by the name and title of "The First Presbyterian Church of Volney." Witness our hands and seals this day of In presence of

E. F.

1

18

§ 183. This certificate, after being signed and sealed, must be proved or acknowledged and recorded, the same in all respects as in the case of Protestant Episcopal churches, which has been fully explained in a previous chapter of this work, and to which it is only necessary, in this place, to refer for particulars. Upon the certificate being recorded, the said trustees, and their successors, become a body corporate by the name or title expressed in such certificate. (Statutes last cited.)

§ 184. The trustees first chosen will continue in office for the term of three years from the day of their election, and immediately after such election the said trustees must be divided by lot into three classes, numbered one, two and

three, and the seats of the members of the first class will be vacated at the expiration of the first year, and the members of the second class at the expiration of the second year, and the members of the third class at the expiration of the third year; so that the third part of the whole number of trustees, as nearly as possible, may be annually chosen. It will be observed that although the statute provides in terms that the trustees first chosen shall continue in office three years, virtually, only one-third of their number hold their office for that term; but the whole provision taken together, plainly indicates the course to be pursued. (Laws of 1813, Ch. 60, Sec. 6; 3 Stat. at Large, 692.)

§ 185. The trustees or a majority of them must, at least one month before the expiration of the office of any of the trustees, notify the same in writing to the minister, or in case of his death or absence, to the elders or church wardens, and in case there be no elders or church wardens, to the deacons or vestrymen of the church, congregation or society, specifying the names of the trustees whose terms will expire; and the said minister or other officer, in case of the contingency specified, must notify the members of the church, congregation or society in the same manner as of the first election, of such vacancies, and appoint the time and place for the election of new trustees to fill up the same. The election must be held at least six days before the vacancies happen, and all such subsequent elections must be held and conducted by the same persons, and in the same manner, as directed in § 179. (Ib.)

§ 186. The result of such subsequent election must be certified by the persons presiding thereat, and their certificate will entitle the persons elected to act as such trustees; and in case any trustee shall die or refuse to act, or remove away within the year, notice thereof must be given by the remain

ing trustees, and a new election appointed and held, and another trustee elected in his stead, in the same manner as hereinbefore specified in this chapter. (Ib.)

§ 187. No person belonging to any church, congregation or society intended by the provisions of the act referred to, and hereinbefore specified in this chapter, is entitled to vote at any election succeeding the first, until he shall have been a stated attendant on divine service or worship in the said church, congregation or society at least one year before such election, and shall have contributed to the support of the said church, congregation or society, according to the usages and customs thereof. (Laws of 1813, Ch. 60, Sec. 7; 3 Stat. at Large, 692.)

§ 188. Stated attendance, to qualify a person to become a voter at an election held by a religious society after its first election, must be interpreted to mean the personal presence of the voter statedly at the religious meetings of the society. The regular attendance of the wife or other member of the family is not sufficient. Persons attending the religious meetings of the society but a few times in the course of a year, or only occasionally, though regular contributors to its support, are not voters within the meaning of the seventh section of the act for the incorporation of religious societies. So also the contribution and support must be according to the usages and customs of the society; which implies that the contributions must be of a vital and substantial character. However, an election of trustees will not be set aside and declared void, merely because certain illegal votes were received, which did not change the result of the election. (People v. Tuthill, 31 N. Y. R. 550.)

189. The clerk of the board of trustees must keep a register of the names of all persons who may desire to be