New York (State).

Annotated consolidated laws of the state of New York as amended to January 1, 1918 : containing also the federal and state constitutions with notes of Board of statutory consolidation, tables of laws and index online

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their respective successors shall be elected.

Source. — Former Religious Corp. L. (L. 1895, ch. 723) § 69, as added by L.
1896, ch. 336.

Bcferencet.— Place of filing certificate. See { 3, ante. General provisions as to
certificates. See General Corporation Law, §§ 4-9.

§ 183. Time, place and notice of corporate meetings. — ^The annual cor-
porate meeting of every incorporated Baptist church shall be held at the
time and place fixed by or in pursuance of law therefor, if such time and



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7644 RELIGIOUS CORPORATIONS LAW.

f 134. Baptist churches. L. 1909, ch. 53.

place be so fixed, and otherwise, at a time and place to be fixed by its trus-
tees. A special corporate meeting of any such church may be called by
the board of trustees thereof, on its own motion, and shall be called on the
written request of at least ten qualified voters of such church. The trustees
shall cause notice of the time and place of its annual corporate meeting,
and of the names of any trustees whose successors are to be elected thereat;
and, if a special meeting, of the business to be transacted thereat, to be
publicly read by the minister of such church or any trustees thereof at a
regular meeting of the church for public worship, on the two successive
Suiidays immediately preceding such meeting; or if no such meeting for
public worship shall have been held during such period, by conspicuously
posting such notice, in writing, upon the outer entrance of the principal
place of worship of such church and by mailing a copy of such notice to
each member of such church in a securely sealed envelope, postage prepaid,
addressed to his last known place of residence, at least two weeks before
such meeting. (Amended by L. 1914, ch. 10.)

Sonrce.— Former Religious Corp. L. (L. 1895, ch. 723) f 70, as added by U
1896, ch. 336.

§ 134. Organization and conduct of corporate meetings; qualifications of
voters thereat. — ^At a corporate meeting of an incorporated Baptist church
the qualified voters shall be all persons of full age, who are then members
of such church in good and regular standing by admission into full com-
munion or membership therewith, or who have statedly worshiped with
such church and have regularly contributed to the financial support thereof
during the year next preceding such meeting ; but any incorporated Baptist
church may at any annual corporate meeting thereof, if notice of the in-
tention so to do has been given with the notice of such meeting, decide that
thereafter only members of such church of full age and in good and
regular standing by admission into full communion or membership there-
with shall be qualified voters at the corporate meetings. At such corporate
meetings the presence of at least six persons qualified to vote thereat shall
be necessary to constitute a quorum, and all matters or queistions shall be
decided by a majority of the qualified voters voting thereon. There shall
be elected at said meeting from the qualified voters then present, a presid-
ing oflScer, a clerk to keep the records of the proceedings of the meeting
and two inspectors of election to receive the ballots cast. The presiding
officer and the inspectors of election shall declare the result of the ballots
cast on any matter and shall be the judge of the qualifications of voters.
At each annual corporate meeting, successors to those trustees whose terms
of oflSce then expire, shall be elected by ballot from the qualified voters, for
a term of three years thereafter, and until their successors shall be elected.

Source. — Former Religious Corp. L. (Lu 1895, ch. 723) ( 71, as added by L.
1896, ch. 336.
Beferenoes. — See notes under ( 43, ante, as to rights of voters and legality of



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RELIGIOUS CORPORATIONS LAW. 7645

U 1909, ch. 53. Baptist churches. f i 13&-138.

election. General provisions as to corporate elections. See General Corporation
Law, iS 23-ir.

§ 136. Changing date of annual corporate meetings. — ^An annual corpo-
rate meeting of an incorporated Baptist church may change the date of its
annual meeting thereafter. If the date fixed for the annual meeting shall
be less than six months after the annual meeting at which such change
is made, the next annual meeting shall be held one year from the date so
fixed. For the purpose of determining the terms of office of trustees, the
time between the annual meeting at which such change is made and the next
annual meeting thereafter shall be reckoned as one year.

Source. — ^Former Religious Corp. L. (L. 1895, ch. 723) f 72, as added by L.
1896, ch. 336.

§ 136. Changing number of trustees. — ^An incorporated Baptist church
may, at an annual corporate meeting, change the number of its trustees to
three, six, nine or twelve, or classify them so that the terms of one-third
expire each year, provided that notice of such intended change or classifi-
cation be included in the notice of such annual corporate meeting. No
such change shall affect the terms of the trustees then in office, and if the
change reduces the number of trustees, elections shall not be held to fill
vacancies caused by the expiration of the terms of trustees until the num-
ber of trustees equals the number to which the trustees were reduced.
Whenever the number of trustees in office is less than the number so de-
termined on, sufficient additional trustees shall be elected to make the
number of trustees equal to the number so determined on. The trustees
so elected up to and including one-third of the number so determined on,
shall be elected for three years, the remainder up to and including one-
third of the number so determined on for two years, and the remainder
for one year. (Amended by L. 1913, ch. 397.)

Source.— Former Religious Corp. L. (L. 1895, ch. 723) f 73, as added by L.
1896, ch. 336.

§ 137. Meetings of trustees. — ^Meetings of the trustees of an incorpo-
rated Baptist church shall be called by giving at least twenty-four hours'
notice thereof personally or by mail to all the trustees and such notice may
be given by two of the trustees, but by the unanimous consent of the trustees
a meeting may be held without previous notice thereof. A majority of
the whole number of trustees shall constitute a quorum for the transaction
of business at any meeting lawfully convened.

Source. — Former Religious Corp. L. (L. 1895, ch. 723) ( 74, as added by L.
1896, ch. 336.

§ 138. The creation and filling of vacancies among trustees of such
churches. — ^If any trustee of an incorporated Baptist church declines to
act, resigns or dies, or having been a member of such church ceases to
be such member, or not having been a n^ember of such church, ceases to be



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7646 RELIGIOUS CORPORATIONS LAW.

Sf 139, 140. Baptist churches. L. 1909, ch. 53.

a qualified voter at a corporate meeting thereof, his oflSce shall be vacant,
and such vacancy may be filled by the remaining trustees until the next
annual corporate meeting of such church, at which meeting the vacancy
shall be filled for the unexpired term.

Source. — Former Religious Corp. L. (L. 1895, ch. 723) § 75, as added by Ix
1896, ch. 336.

§ 139. Control of trustees by corporate meetings of such churches; salary
of minister. — The trustees of an incorporated Baptist church shall have
no power to settle or remove a minister or to fix his salary or, without
the consent of a corporate meeting, to incur debts beyond what is necessary
for the administration of the temporal affairs of the church and for the
care of the property of the corporation ; or to fix or change the time, nature
or order of the public or social worship of such church.

Sonrce. — Former ReUgious Corp. L. (L. 1895, ch. 723) { 76, as added by U
1896, ch. 336.

§ 140. Transfer of property to Baptist corporations. — Any incorporated
Baptist church, created by or existing under the laws of the state of New
York, having its principal office or place of worship in the state of New
York, or whose last place of worship was within the state of New York,
is hereby authorized and empowered, by a vote of two-thirds of its qualified
voters present and voting therefor, at a meeting regularly called for that
purpose, to transfer and convey any of its property, real or personal,
which it now has or may hereafter acquire, to any religious, charitable or
missionary corporation connected with the Baptist denomination and in-
corporated by or oi^anized under any law or laws of the state of New
York, either solely, or among other purposes, to establish or maintain, or to
assist in establishing or maintaining churches, schools, or mission stations
or to erect, or assist in the erection of such buildings as may be necessary
for any of such purposes, and on or without the payment of any money or
other consideration therefor, and upon such transfer or conveyance being
made, the title to and the ownership and right of possession of the prop-
erty so transferred and conveyed shall be vested in and conveyed to such
grantee; provided, however, that nothing herein contained shall impair or
affect in any way, any existing claim upon or lien against any property
so transferred or conveyed, or any action at law or legal proceeding, and
subject, in respect to the amount of property the said grantee may take
and hold, to the restrictions and limitations of existing laws.

Source— Former Religious Corp. L. (L. 1895, ch. 723) § 77, as added by U
1896, ch. 336.



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RELIGIOUS CORPORATIONS LAW. 7647

L. 1909, ch. 53. Congregational and independent churches. §| 160, 161.

ARTICLE VIII.
CONOBEOATIONAL AKD INDEPENDENT CHITBCHES.

Section 160. Notice of meeting for incorporation.

161. The meeting for incorporation.

162. The certificate of Incorporation.

163. Time, place and notice of corporate meetings.

164. Organization and conduct of corporate meetings; qualifications of

voters.

165. Changing date of annual corporate meetings.

166. Changing number of trustees.

167. Meetings of trustees.

168. Vacancies among trustees.

169. Limitation of powers of trustees.

170. Election and salary of ministers.

171. Transfer of property.

§ 160. Hotice of meeting for incorporation. — ^Notice of a meeting for the
purpose of incorporating an unincorporated Congregational or Independ-
ent church shall be given as follows: The notice shall be in writing,
and shall state, in substance, that a meeting of such unincorporated
church will be held at its usual place of worship at a specified day and hour,
for the purpose of incorporating such church, electing trustees thereof, and
selecting a corporate name therefor. The notice must be signed by at least
six persons of full age, who have statedly worshiped with such church
and have regularly contributed to its support, according to its usages, for
at least one year or since it was formed. A copy of such notice shall be
publicly read at a regular meeting of such unincorporated church for
public worship, on the two successive Sundays immediately preceding the
meeting, by the minister of such church, or a deacon thereof or by any per-
son qualified to sign such notice.

Source. — ^Former Religious Corp. L. (L. 1895, ch. 723) f 78, as added by L.
1897, ch. 621.

§ 161. The meeting for incorporation. — ^At the meeting for incorpora-
tion, held in pursuance of such notice, the qualified voters, until otherwise
decided as hereinafter provided, shall be all persons of full age who have
statedly worshiped with such church and have regularly contributed to its
support, according to its usages, for at least one year or since it was formed.
At such meeting the presence of a majority of such qualified voters, at
least six in number, shall be necessary to constitute a quorum, and all
matters or questions shall be decided by a majority of the qualified voters
voting thereon. The meeting shall be called to order by one of the signers
of the call. There shall be elected at such meeting, from the qualified
voters then present, a presiding officer, a clerk to keep the record of the
proceedings of the meeting and two inspectors of election to receive the
ballots cast. The presiding officer and the inspectors shall decide the re-



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7648 RELIGIOUS CORPORATIONS LAW.

f 162. Congregational and independent churches. L. 1909, ch. 53.

suit of the ballots cast on any matter, and shall be the judges of the qual-
ifications of the voters. If the meeting shall decide that such unincorpo-
rated church shall become incorporated, the meeting shall also decide upon
the name of the proposed corporation, the number of the trustees thereof,
which shall be three, six or nine, and the date, not more than fifteen months
thereafter, on which the first annual election of the trustees thereof shall
be held ; and it may, by a two-thirds vote, decide that all members of the
unincorporated church, of full age, in good and regular standing, who have
statedly worshiped with such church but who have not contributed to the
financial support thereof, shall also be qualified voters at such meeting,
and that such church members, who, for one year next preceding any sub-
sequent corporate meeting, shall have statedly worshiped with such church
and have. been members thereof in good and regular standing, but have
not regularly contributed to the financial support thereof, shall be qualified
voters at such corporate meetings. Such meeting shall thereupon elect by
ballot from the persons qualified to vote thereat one-third of the number
of trustees so decided on, who shall hold oflSce until the first annual elec-
tion of trustees thereafter, one-third of such number of trustees who shall
hold office until the second annual election of trustees thereafter, and
one-third of such number of trustees who shall hold office until the third
annual election of trustees thereafter, or until the respective successors of
such trustees shall be elected. Such meeting shall also elect by ballot a
clerk of the corporation, who shall hold his office until the close of the next
annual meeting.

Source. — ^Former Religious Ck>rp. L. (L. 1895, ch. 723) S 78-a, as added by !«.
1897, ch. 621.

§ 162. The oertifloate of incorporation. — ^If the meeting shall decide that
such unincorporated church shall become incorporated, the presiding officer
of such meeting and the two inspectors of election shall execute a certifi-
cate setting forth the name of the ptx)posed corporation, the number of
truste.es thereof, the names of the persons elected as trustees, the terms of
office for which they were respectively elected and the county and town,
city or village in which its principal place of worship is or is intended to
be located. On the filing and recording of such certificate, after it shall
have been acknowledged or proved as hereinbefore provided, the persons
qualified to vote at such meeting and those 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
therein stated to be elected trustees of such church shall be the trustees
thereof for the terms for which they were respectively elected and until
their respective successors shall be elected.

Source. — ^Former Religious Corp. L. (L. 1895, ch. 723) { 78-b, as added by Li.
1897, ch. 621.

Beferenoei. — ^Place of filing certificate. See f 8, ante. General provisions as to
certificates. See General Corporation Law, {S 4-9.



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RELIGIOUS CORPORATIONS LAW. 7649

Li. 1909, ch. 53. Congregational and Independent churches. §§ 163,164.

§ 163. Time, place and notice of corporate meetings. — The annual cor-
porate meeting of every church incorporated under this article shall be
held at the time and place fixed by its by-laws, or if no time and place be
so fixed, then at a time and place to be first fixed by its trustees, but
to be changed only by a by-law adopted at an annual meeting. A special
corporate meeting of any such church may be called by the board of
trustees thereof, on its own motion, and shall be called on the written re-
quest of at least ten qualified voters of such church. The trustees shall
cause notice of the time and place of its annual corporate meeting, and
of the names of any trustees whose successors are to be elected thereat,
and if a special meeting, of the business to be transacted thereat, to be
publicly read by the minister of such church or any trustees thereof at a
regular meeting of the church for public worship, on the two successive
Sundays immediately preceding such meeting.

Source. — ^Former Religious Corp. L. (L. 1895, ch. 723) 8 78-c, as added hy L.
1897, ch. 621.

§ 164. Organization and conduct of corporate meetings; qualifications of
voters. — ^At every corporate meeting of a church incorporated under this
article all persons of full age who, for one year next preceding such meet-
ing, have statedly worshiped with such church and have regularly con-
tributed to its financial support, according to its usages, and no others,
shall be qualified voters; but, if so decided, by a two-thirds vote at the
original meeting or at any annual corporate meeting thereof, after notice
of intention so to do has been given with every notice of such meeting,
all members of such church of full age and in good and regular standing,
by admission into full communion or membership therewith, who have
statedly worshiped with such church, for one year next preceding the
meeting at which they vote, may also be admitted as qualified voters at
corporate meetings. At such corporate meetings, the presence of at least
six persons qualified to vote thereat shall be necessary to constitute a
quorum ; and all matters or questions shall be decided by a majority of the
qualified voters voting thereon, except that by-laws can be adopted or
amended only by a two-thirds vote. The clerk of the corporation shall
call the meeting to order; and under his supervision the qualified voters
then present shall choose a presiding officer and two inspectors of election
to receive the ballots cast. The presiding oflScer and the inspectors of
election shall declare the result of the ballots cast on any matter and
shall be the judges of the qualifications of voters. At each annual corpo-
rate meeting, successors to those trustees whose terms of office then expire
shall be elected by ballot from the qualified voters, for a term of three
years thereafter, and until their successors shall be elected. A clerk of
the corporation shall be elected by ballot, who shall hold office until the
close of the next annual meeting, and until his successor shall be elected.

Source.— Former Religious Corp. L. (L. 1895, ch. 723) f 78-d, as added by L.
1897. ch. 621.



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7650 RELIGIOUS CORPORATIONS LAW.

§§ 165-168. Congregational and Independent churches. L. 1909, ch. 63.

Beferencei.— See notes under 8 43, ante, as to rights of voters and legality of
election. General provisions as to corporate elections. See General Corporation
Law, §1 23-27.

§ 165. Changing date of annual corporate meetings. — ^An annual corpo-
rate meeting of any church incorporated under this article may change
the date of its subsequent annual meetings. If the date fixed for the
annual meeting shall be less than six months after the annual meeting at
which such change is made, the next annual meeting shall be held one
year from the date so fixed. For the purpose of determining the terms
of oflBce of trustees, the time between the annual meeting at which such
change is made and the next annual meeting thereafter shall be reckoned
as one year.

Soiiree.^Former Religious Corp. L. (L. 1895, ch. 723) 8 78-e, as added by L.
1897, ch. 621.

§ 166. Changing number of trustees. — ^Any such incorporated church
may, at an annual corporate meeting, change the number of itg trustees
to three, six or nine, classifying them so that the terms of one-third expire
each year, provided that notice of such intended change be included in
the notice of such annual corporate meeting. No such change shall affect
the terms of the trustees then in office; and if the change reduces the
number of trustees, elections shall not be held to fill the vacancies caused
by the expiration of the terms of trustees, until the number of trustees
equals the number to which the trustees were reduced. Whenever the
number of trustees in oflSce is less than the number so determined on,
sufiicient additional trustees shall be elected to make the number of trustees
equal to the number so determined on. The trustees so elected, up to and
including one-third of the number so determined on, shall be elected for
three years, the remainder up to and including one-third of the number
so determined on for two years, and the remainder for one year. . '

Source. — ^Pormer Religious Corp. L. (L. 1895, ch. 723) f 78-f, as added by If.
1897, ch. 621.

§ 167. Meetings of trustees. — ^Meetings of the trustees of any such in-
corporated church shall be called by giving at least twenty-four hours'
notice thereof personally or by mail to all the trustees; and such notice
may be given by two of the trustees ; but by the unanimous consent of the
trustees, a meeting may be held without previous notice thereof. A ma-
jority of the whole number of trustees shall constitute a quorum for the
transaction of business, at any meeting lawfully convened.

Source. — ^Former Religious Corp. L. (L. 1895, ch. 723) i 78-g, as added by L.
1897, ch. 621.

§ 168. Vacancies among trustees. — If any trustee of any such incorpo-
rated church declines to act, resigns or dies, or ceases to be a qualified
voter at a corporate meeting thereof, his oflSce shall be vacant; and such
vacancy may be filled by the remaining trustees until the next annual



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RELIGIOUS CORPORATIONS LAW. 7651

L. 1909, ch. 53. Congregational and Independent churches. §§ 169-171.

corporate meeting of such church; at which meeting the vacancy shall be
filled for the unexpired term.

Source. — ^Former Religious Corp. L. (L. 1895, ch. 723) § 78-h, as added by L.
1897, ch. 621.

§ 169. limitation of powers of trustees. — ^The trustees of any such in-
corporated church shall have no power to call, settle or remove a minister
or to fix his salary, nor without the consent of a corporate meeting, to
incur debts, beyond what is necessary for the administration of the tem-
poral affairs of the church and for the care of the property of the corpo-
ration ; or to fix or change the time, nature or order of the public or social
worship of such church.

Source. — ^Former Religious Corp. L. (L. 1895, ch. 728) § 78-1, as added by L.
1897, ch. 621.

§ 170. Election and salary of ministers. — The ministers of any such
church shall be called, settled or removed and their salaries fixed, only
by the vote of a majority of the. members of such corporation duly qualified
to vote at elections present and voting at a meeting of such corporation
specially called for that purpose, in the manner hereinbefore provided for
the call of special meetings ; and any such corporation may, by its by-laws,
make the call, settlement or removal of its ministers dependent upon a
concurrent vote of the unincorporated church connected with such corpora-
tion; and in that case the concurrence of a majority of the members of
such unincorporated church, present and voting at a meeting thereof,
called for that purpose, shall be necessary to the call, settlement or re-
moval of such ministers.

Source. — ^Former Religious Corp. L. (L. 1895, ch. 723) | 78-j, as added by L.
1897. ch. 621.

§ 171. Transfer of property. — ^Any incorporated Congregational church,
created. by or existing under the laws of the state of New York, having
its principal office or place of worship in the state of New York, or whose
last place of worship was within the state of New York, is hereby authorized
and empowered, by the concurrent vote of two-thirds of its qualified voters
present and voting therefor, at a meeting regularly called for that purpose,
and of two-thirds of all its trustees, to direct the transfer and conveyance
of any of its property, real or personal, which it now has or may hereafter
acquire, to any religious, charitable or missionary corporation connected
with the Congregational denomination and incorporated by or organized
under any law of the state of New York, either solely, or among other



Online LibraryNew York (State)Annotated consolidated laws of the state of New York as amended to January 1, 1918 : containing also the federal and state constitutions with notes of Board of statutory consolidation, tables of laws and index → online text (page 55 of 137)