site 4G Pa Oe zal File erent eget St mgv be - 7 s Stee j euees ‘ Sieh a as payee nt box 2 st 4 ae weghy er ay rial ES eae fe ‘s ore Pe Bs vere y gate Oe = 8, s = : 5 ho at haat tr pote pies WE et ne eae mates Ary of Princo ON iis RD PE Fa hO APR 8 1809 = Digitized by the Internet Archive in 2022 with funding from Princeton Theological Seminary Library https://archive.org/details/ohioreligiouscorO0Odial OEEL@e RELIGIOUS CORPORATIONS WITH FORMS AND DIGEST OF DECISIONS Bx GEORGE 8. DIAL, ESQ. OF THE SPRINGFIELD, OHIO, BAR CINCINNATI THE ROBERT CLARKE COMPANY 1899 CopyriGcutT, 1899, By Tuer Ropert CLARKE ComMPANy. PRHEF ACH. This book brings together all the statutory provisions of Ohio, relating to Religious Cor- porations, together with a short digest of the important decisions of the Ohio courts, upon the same subject. It also furnishes forms for organ- izing and a code of regulations and by-laws for managing such corporations, and many other useful forms under such statutes. The statutes of Ohio provide no forms for organizing or conducting corporations; and re- ligious corporations, the same as other corpora- tions, are liable to have the legality of their incorporation, and of their subsequent corporate acts, tested in the courts. It is therefore im- portant that the statutes be made accessible to those who control such corporations. In the writer’s own experience, churches have been accustomed to elect their trustees by a vote of a limited portion of the membership, (iii) 1V PREFACE, which is unlawful; and in two instances, within his knowledge, persons have been elected trustees, who were not members of the corpora- tion, which is forbidden. This work is both for the convenience of at- torneys and for the information and assistance of church trustees and other officials. Cotte 28) SPRINGFIELD, OHIO, Dec. 1898. TABLE OF CONTENTS. CHAPTER I. PAGE CONSTITUTION Ale PROVISIONS 225 oclaets o sciete aisstee dere emie crerets 1 CHAPTER II. CONERA ESTA TUT OR var RO VISIONS Renee tee sari ceteris eta ecole 2 CHAPTER III. INCORPORATION. Ar ticlesroln wl abbOrcontallt merrier mistereiimistierierte sisrereie cere 4 TRECONCUCOL PROCECUIN GS tain a ice tides siesta. 2 =e pls «i we 8 General powers alter IncOrporation. .........6.-0ceceeess 9 IBOBSOUCCUATUED, cata. ie wieder semtantee o tor «disses. 5 10 CHAPTER IV. MEMBERSHIP AND TRUSTEES. lection Ofetrustees mawuneer teeters ciate: +. -aem alent cheba ete erty ene 5 Notice of meeting for election of trustees................ 13 Oath Of trustees. ccs on. cpree a eave meee Meneses ee ee 14 Notice of meeting to adopt regulations................... Va Code.of regulations... -. ssa ee ees PRAT ee ee 18 By-laws ss Jodie se metered te eer eis catia late ays 21 Amendments to articles of incorporation— Notice of meeting si wena ccc retinue r eae ines 25 Hes O1NION SA ceuquts eerie wee es on ph a tee erat emer ae ee 25 Certitiontio nega e tatec chara rere «hes Waiver lets « 26 Decals notice sacct = aerate ais scale eo. ee ee ate 26 Sale of real estate— RESOLIUIONS Miieiteae oar eterna cere elbacte grits sei een 30 Petitionice..6..s.ccs hee eee er nas Gea sere tvalats 31 Legal notice 3. icc sore aera nies ola Raine 7 ee RAS Ch pene repo ce sate tet arene oans ec cacti e po hee Oats laarelieens 7 os LAN See eee cece ee teehee Tee Looe rarer ale hone eis 78 E 1 a vt te na, acy Ae ho. HORE ERC ce I CaP 78 af ESAS, Barge Ol ae 8s 27 apie ar ee ae eee 79 s PSE IR rtd ARAN oe tg Bt ta ee 79 ‘ VAT VS SO ee AAS Ain, ee oe 80 se SP By Aepnncinsicheshate toch acu Ba hs OO CRA IRI aa ee Tee 2 LOO TR ae awe Ae cee PRA N Os oS tee eae pate 2 u Soom a enone siete sits te Mane MONS sos thal duane pee 2 4 DOr seeeie Ae alt he hae Pah ea Me eae ey Dens bokate a we 9 sf TROD eine ALN OA RE eT ee Mahe te eee ciate ace 10 eS DLA eterna ee oT nian el nets Tre Oe PRTG Se coe eS x TABLE OF CONTENTS. PAGE Section 3238a eats wee ae cise tanita a Sete ae ae ene ees Ze ot BZOO waver eracie sale c weaeu eoske ML Op RCP CEy atone aan ee 9 4 S240 Soar b ete Se ee ate a eee ae eee 14) e SLAM 5 ies 5 a6 isin ged aS LTRS RnR Tee eRe ef eee ey alt . B2AG 520 ssFo Sacps iteaeene p oe re ere ee eee 13 me OAT Sdiore so Rs Ee OE ai ee EE 14 33 OLAS os Seis ce eter ont ete erected ere irae eeenedeia ete 15 - BL unite Terai ls tinal oid ee Se Race ue Aaa IEG Gee 17 us BYA5 Oren Mette birls Reh Se a Oe a. Ain eter yee 21 a By d5 9 Ghee TG At om et ree Seti tna rode ie AG eee ete ate die Wf ef BY VANEE nad SIU ere oc OINOU t oe oad 5.8 CObRIEOe aaa oe 18 a yd Of Mies sre Batali tematic cainnes oo miele Sek MaiSe mE nO OBS Bickers 15 = BYR ie se A cnet Aran cn s CAEL REN Rea Meme Bic P EXO Ges 80 y PY AE eater errs MO isos Sac oe Eu Bas ontcinr oro hath 6 eee cl 44 ae BY p >) Wee omen ao coo Db ee vidio Unie ohio otis 50 Ss OYE Se AO Cia so Sion Ooit) bind CGR Or cmubatiic Se Gmae 36 s SLLD A wracis eau aeihees Ve Sines Mine utes gree ee OEE iff ee BY WMS cide SECO ERR On awe Re Ob YO Mra otras 4] BLOX Loree es cota t wi ae a oe hn ee eee ete ea 39 % BY AH AG UO S aeRO IA occ thos DEE. Hid ot eee bie we 52 de YW ES Hanes a EA oe aoa on donate biodi aeD bee bear 53 ee O71 Oe wis oh tise coh eR STO ols CE Pe Eee 53 4 RYMAN ES eee hoe an oer OG Hn ceo Di So into ue noe 81 RI i 1768 ARE hn’ n oyu RRC Dine MEI COTO ESE IOn Coe « 16 at BYU AL Op cine Gochd 0 PPD ORNATE Gebel x neirae eto oo vreiclc 81 te S780 hereto eee eee a a Uitake naires ek eee 53 a BY sd berate are sarc LE orac a ceo e crac onl pac aol bad 57 .: 9782 ki Sede cg Ae eae Ve te ee 58 * BY bet MSR isictahd ey Braid ah Brier GO 4 Oeimi ae ole cae mae 63 i EY fot: MR PPS onsite 0 eg 4 ea ee EERE EA 64 - RY bot eA Eid BORE oc cloth Sosa OO cance tee 65 ce TABLE OF CONTENTS. Xl PAGE SCHON POLO Preteen aN eae ee rea Va oeal one Bs kich Seah sahe oka cet'e 6 75 4 STS UG ear Sete oe IEE RETR Neg TL hoa eta Ielede cae 75 H RY het i Nershicrantro eerocin oeksr Shtisin brn 6 terre ee aor tone 76 A USO My emai Ne Cans rayon aetna aie ee aid or eevee evans) Suede 6 77 Hy BY heh, ane ee Aap Atel ose Piasta toes Buntoie lah Pai onieoure ero Lae 66 OU OO Se reh Tan accra aT Aa Slee e aNers ou aS ECE pe seas > 67 4 RY ASB Bs ride bak yo OE Cee SRR ere, veh eae ee 68 i LOD SPIES: Lee aeteye ce Seon suuss « ccacspmenerecn sexe cus 69 SLO Mee ee eRe ls Aalst e erens eiorc onal siete aesareretanioheks 70 - Bi AS tee na hc Sieh Sor Ok UES, SS ea Ey ee ter ee Re 27 YAS)! Glete na can ceccllke HitOee PRPC eee tas ta EE eee eae 28 He LOA Ure Gee ter ee ete rhe cet weit ees ath Onettte vo, Waren S 29 Ss EY ATi ack. a che ae ae 6 eee ee Rar aes ea oe eee 29 + O10 OE TET es ts Me tafe aeean NT iar oe Ona tsns tages oeachala eva aialal' 29 es SOC ae me eee ay opiate efekiner sae sera eee PS orate sha 71 MJ 3 (DOU MCI EE re ean Seki HE) ENN, Loe eyed en MeTeE Ete R et gtr, (2 oh SE DOC Aerie oteen een iaie eshte ale “ctoieeunisr len tsalase alaviaerel 12 x EW ACT Gts Meat dos hathccpaciey ER, ee Cacia a Os eee Cae ere ee Re 73 tf OT DGC ea ator Soren Perera r ee step WR Ter aches i ccoiahas -diavae bie 73 ss LAER OSES IN Soc ROMS ears Ch CLE ke eck Oe Pace ic SRR PEE 42 4 7.7.6 reece eis Mee ty Sears CS Pan nC cnegeter amin tec 42 - SLM Mee RIM rc Pes a Page to Bee. Os Cots TE ER NERS 42 4 BY Aho ©) Baa Perce eta tee ob SRiSEl che CE ere er eee 43 % SUA ays, - Barat as Gt aciarel.s orc picps MELEE oes cee 38 Se ited tiatint uk eae RSM co Gioia he CAS, Co or Dee aC cc 39 of Safety Def wacincket nedicies else ncaa iabiin cro! ho Sacre WAR CRE LORE RTO 59 . Teele CaS oh ACE ICA CRC ae Des oe ne 59 i fet PAG Ao 5.0, SO TON See Cee OR SN a eR ee A 59 i tte ain n Wis raeeels POST Sion CNRR GNGIe Cyc aT ae eae ar are 82 ie GOOG Re ry ret es ce recess tel cane oe etc, Sacks Tales TPP ea on state 83 vs GOA Dime cctorre center hae eanave ie thee) Se acne eeet Peal eek 82 “ xi TABLE OF CONTENTS. TABLE OF CASES CITED. Baptist ‘Society 2: Clapp.o canvas eae ene 18 Barbour, 35 Bartholomew v. Lutheran Congregation.........35 Ohio St. 567 Catholic Institutes: Gibbonsan., su. he ieee ten ee 3 Bull. 581 Deutsch v. Stones. Vsageng ro se baelas vataereaye iene 27 Bull. 20 Devoss'o, Gray vc: a eee Bawa ae 22 Ohio St. 159 Griges.05 Middaueh Tier sasec sce cect sre re eter en 22 Bull. 367 Harrison to ELOVviG acter ee prcya ieee seer ee 24 Ohio St. 254 Heekmanvs Mees seeacewn ies oa Are eu lon ened: 16 Ohio, 584 Keyser é. Stanisiofcor. ease ructee ee snr ae 6 Ohio, 363 Kizor as Stan cilerare cies. aon Says ck clean oe era nies Wright, 323 Le Sainte dc Fisher sens cacioe os oc eae cpio eee aera 6 Bull. 337 Mannix,-Assignee a Poreell secon, scae ers eee es 46 Ohio St. 102 Messingers,Trinity Chyarcnin. 7. .sers ano en 6 Bull. 397 Methodist Church v. Wood............ Wright, 12; 5 Ohio, 283 Millér, Milligan «..405 «ire hauees MAL 5 woate ae ain 9 Rec. 419 Prices Methodistuhurch ., t1.4. one. eee ee 4 Ohio, 515 Rike GE lOy Citys te ests 2 > 6a sone bees 6 acee aeeeaerte a AU) pamipsell ge PSNere ne. cy oS cere norco a et ee, UL. Vo BHOUPE, LUX" PALL Gare. snr pe Gi edenicte ent ote temic atone 16 Bull. 71 Wiswell v. Congregational Church.............. 14 Ohio St. 31 OHIO RELIGIOUS CORPORATIONS, SHuAPTER Lf CONSTITUTIONAL PROVISIONS. The present constitution of Ohio, adopted in 1851, con- tains the following section on the subject of corporations: ‘‘ Corporations may be formed under general laws, but all such laws may from time to time be altered or repealed.” Art. XITI, Sec. 2, Ohio Constitution. Under the constitution of 1802, corporations were created by special acts of the legislature; but this was forbidden by Art. XIII, Sec. 1, of the present constitution. A great many corporations of all kinds were so created by special acts of the legislature prior to 1851, and many of them still continue to exist. Such corporations are brought under the statutes now in force, in the manner shown in Chapter II hereof. (1) Je OHIO RELIGIOUS CORPORATIONS. CHAPTER [1. GENERAL StaTuTORY PROVISIONS. § 3232. ‘‘Corporations created before the adoption of the present constitution and which have not by election or some other act. come to be governed by laws since passed, shall be governed and controlled by the laws then in force, and the valid modifications thereof since or herein enacted ; and other corporations, now existing or hereafter created, shall be governed and controlled by the provisions of this title.” § 3233. ‘A corporation created before the adoption of the present constitution, and now actually doing business, may accept any of the provisions of this title, and when a certified copy of such acceptance is filed with the secretary of state, so much of its charter as is inconsistent with the provisions of this title is hereby repealed.” [50 v. 274, §71.] § 3233-1. ‘‘All special acts of incorporation in force in this state which have not been accepted or acted upon, be and the same are hereby repealed.” [58 v. 12.] § 3234. ‘‘ Corporations created before the adoption of the present constitution, which take any action under or in pursuance of this title, shall thereby and thereafter be OHIO RELIGIOUS CORPORATIONS. 5 deemed to have consented and shall be held to be a cor- poration, and to have and exercise all and singular its franchises under the present constitution, and the laws passed in pursuance thereof, and not otherwise.” . . .* [89 v. 73.] 4 OHIO RELIGIOUS CORPORATIONS. CHAPTER III. INCORPORATION. See.1. Articles of Incorporation. What to contain. § 3236. ‘‘Any number of persons, not less than five, a majority of whom are citizens of this state, desiring to be- come incorporated, shall subscribe and acknowledge before an officer authorized to take acknowledgments of deeds, articles of incorporation, the form of which shall be pre- scribed by the secretary of state, which must contain : 1. The name of the corporation. 2. The place where it is to be located, or where its prin- cipal business is to be transacted. 3. The purpose for which it is formed. 4.) 4), tee OO. V.224.) § 3238. ‘‘The official character of the officer before whom the acknowledgment of articles of incorporation is made, shall be certified by the clerk of the Court of Com- mon Pleas of the county in which the acknowledgment is taken, and the articles shall be filed in the office of the secretary of state, who shall record the same, and a copy duly certified by him shall be prima facie evidence of the existence of such corporation, and all certificates thereafter *Periods indicate omissions of portions inapplicable to religious corporations. OHIO RELIGIOUS CORPORATIONS. 5 filed in the office of the secretary of state, relating to the corporation shall be recorded; but the secretary of state shall not in any case file or record any articles of incor- poration in which the name of the corporation is the same as one already adopted or appropriated by an existing corpora- tion of this state, or so similar to the name of such existing corporation as to be likely to mislead the public, unless the written consent of such prior existing corporation, signed by its president and secretary, be at the same time filed with such articles of incorporation.” [92 v. 320.] Sec. 2. Form for Articles. THESE ARTICLES OF INCORPORATION OF Tue Asspury Mernopist EpiscopaL CHURCH, Witnesseth, That we, the undersigned, all* of whom are citizens of the State of Ohio, desiring to form a corpora- tion, not for profit, under the general corporation laws of said state, do hereby certify: First. The name of said corporation shall be The Asbury Methodist Episcopal Church. Second. Said corporation shall be located and its princi- pal business transacted at Springfield, in Clark county, Ohio. Third. The purpose for which this corporation is formed is not for profit, but to provide a place of worship for its members, to be conducted according to the rules and dis- cipline of the Methodist Episcopical Church; to promote *Or a majority of whom, 6 OHIO RELIGIOUS CORPORATIONS. the interests of the Christian religion ; to receive and hold donations, devises, bequests, and funds arising from other sources, for the benefit of said corporation. In Witness Whereof, we have hereunto set our hands this Ist day of January, A. D. 1898. Joun WILLIAMS, Witut1aAM Brown. JOHN JOHNSON, WituiAmM Biack. The State of Ohio, James Smita. Clark County, \ ‘ On this Ist day of January, A. D. 1898, personally ap- peared before me, the undersigned, a notary public within and for said county, the above named John Williams, John Johnson, William Brown, William Black, and James Smith, who each severally acknowledged the signing of the foregoing articles of incorporation to be his free act and deed for the uses and purposes therein mentioned. Witness my hand and official seal on the day and year last aforesaid. James M. WILLIAMSON, [SEAL. | Notary Public, Clark County, Ohio. The State of Ohio County of Clark, } a I, William Jackson, clerk of the Court of Common Pleas, within and for the county aforesaid, do hereby cer- tify that James M. Williamson, whose name is subscribed to the foregoing acknowledgment as a notary public, was at the date thereof, a notary public in and for said county, duly commissioned and qualified, and authorized as such to take said acknowledgment ; and further, that Iam well acquainted with his hand-writing, and believe that the signature to said acknowledgment is genuine. In witness whereof, I have hereunto set my hand and OHIO RELIGIOUS CORPORATIONS. i affixed the seal of said court, at Springfield, this 1st day of January, A. D. 1898. WILLIAM JACKSON, [SEAL. | Clerk. Note a.—The secretary of state, as required by Sec. 3236. has prepared forms for applications for articles of incorporation, which are required to be used, and can be had of him upon application. Note b.—The fees of the secretary of state for services ren- dered religious corporations are regulated by the following statutes: ? 148. The secretary of state shall, . . . collect the fol- lowing fees for copies furnished from his office, to be paid by the persons applying therefor: For a copy of any document or part thereof, ten cents per hundred words; for affixing seal of office to copies, fifty cents; . . . [78 v. 186.] ¢148a. The secretary of state shall hereafter charge and collect the following fees for official services : 5. For filing the articles of incorporation of corporations formed for religious, benevolent or literary purposes; or of such corporations as are not organized for profit, have no cap- ital stock, and are not mutual in their character; or of religious or secret societies, . . . two dollars. 8. For filing a copy of the decree of court, changing the name of any corporation, five dollars. 9. For filing a certified copy of the acceptance by any cor- poration, incorporated prior to the adoption of the present constitution, of any of the provisions of the revised statutes, five dollars, 10. For filing an amendment to the articles of incorporation of any corporation, twenty cents a hundred words, to be in no case less than five dollars. 12. For filing a certificate of the extension of purpose, or change of domicile, of any corporation, five dollars. 13. For filing other certificates not herein enumerated, ex- cept certificates of election, for filing which no charge shall be made, twenty cents a hundred words, to be in no case less than five dollars. 8 OHIO RELIGIOUS CORPORATIONS. 17. For making every certificate under the great seal of the state, one dollar. 18. For recording miscellaneous records, or other docu- ments, required by law to be recorded in the office of the sec- retary of state, twenty cents a hundred words. 19. For making copies of articles of incorporation and for making copies in other cases, the fees provided for in original section 148 of the Revised Statutes shall be charged ; [86 v. 33.] Sec. 3. Record of Proceedings. Every corporation should provide itself with a blank book, suitable for the recording of all its proceedings and known as a ‘‘ Record of Proceedings.” Upon the filing of the articles of incorporation, a copy of such articles is furnished by the secretary of state. This copy should be entered in the record of proceedings of the corporation. ‘The first page of such record should be entitled ‘‘ Record of proceedings of the incorporators, members and trustees of ——” (name of corporation). Im- mediately below an entry should appear in substance as follows: ‘On this 1st day of January, A. p. 1898, John Wil- liams, William Brown, John Johnson, William Black and James Smith, the persons named below as subscribers of the articles of incorporation, desiring for themselves, their associates and successors, to become a body corporate, in accordance with the general corporation laws of the State of Ohio, under the name and style of the Asbury Metho- dist Episcopal Church, and with all the corporate rights, powers, privileges and liabilities enjoyed under or imposed by such laws, did subscribe, acknowledge and afterwards, OHIO RELIGIOUS CORPORATIONS. 9 to wit: on the 2d day of January, A. Dp. 1898, file in the office of the secretary of state, at Columbus, in the State of Ohio, articles of incorporation, as follows, to wit :” [Here set out the articles in full. ] Said action is required by the following statute. § 3241. ‘‘The subscribers of such articles of incorpora- tion shall cause the same to be copied into a book, which they shall provide, and which shall be the property of the corporation; . ” [84 v. 85. ] Sec. 4. General Powers of Corporation. § 3239. ‘ Upon such filing of the articles of incorpora- tion, the persons who subscribed the same, their associates, successors and assigns by the name and style provided therein, shall thereafter be deemed a body corporate, with succession and power to sue and be sued, contract and be contracted with, acquire and convey at pleasure all such real or personal estate as may be necessary and convenient to carry into effect the objects of the incorporation, to make and use a common seal, the same to alter at pleasure, and to do all needful acts to carry into effect the objects for which it was created.” [50 v. 274, § 3.] Sec. 5. Loss of Charter. § 3233-2. ‘‘Whenever it shall be made to appear to the satisfaction of the secretary of state that any religious society or corporation heretofore organized or incorporated under the laws of this state has lost it charter or certificate 10 OHIO RELIGIOUS CORPORATIONS. of incorporation, or that the same has been destroyed, it shall be the duty of the secretary of state to issue a new certificate of incorporation of such religious society or cor- poration theretofore issued and the time as near as may be ascertained of issuing such lost or destroyed certificate as shall be made to appear to him; and thereupon all deeds, mortgages, or other instruments of writing for the convey- ance of land, as well as all acts done by such religious so- ciety or corporation by virtue of such certificate or charter theretofore lost, shall be binding and of full force in law and in equity: Provided, that nothing in this act shall be so construed as to make valid any act not authorized under the laws of this state which heretofore have been in force.” [75 v. 79.] Sec. 6. Prima Facie Evidence of Incorporation. $ 3233-3. ‘The fact that a religious society for not less than thirty years, claiming to have been duly and legally incorporated as such, and performing during such time duties and exercising rights as such, shall be prima facie evi- dence of the original issue of such charter or certificate of incorporation as claimed by such society.” [75 v. 79.] OHIO RELIGIOUS CORPORATIONS. 11 CHAPTER IV. MEMBERSHIP AND T'RUSTEES. Sec.1. Election of Trustees. § 3240. ‘‘A majority of the subscribers of the articles of incorporation of a corporation formed for a purpose other than profit, may elect not less than five trustees of the cor- poration, who shall hold their office till the next annual election or until their successors are elected and qualified ; but in the case of religious corporations . . . the regulations of such corporations may provide for the length of time said trustees shall hold their offices, the term thereof not to exceed in number of years, the number of such trustees; . . .” [85 v. 166.] Sec. 2. Membership. § 3241. ‘‘The subscribers of such articles of incorporation shall cause the same to be copied into a book, which they shall provide, and which shall be the property of the cor- poration ; and a person having the qualifications prescribed by the corporation, may become a member by subscribing his name to such copy; provided that when the incorpo- rators of a corporation, now or hereafter formed, are, or shall be, members of a church, religious, secret or benevo- lent society, and have signed or shall sign articles for the purpose of enabling such church, religious, secret or benevo- Wy OHIO RELIGIOUS CORPORATIONS. lent society to become incorporated, any person who is or shall become a member of such church, religious, secret or benevolent society, in good standing, shall by virtue of such membership, be a member of such corporation and entitled to vote at all meetings of such corporation, for the election of officers or other purpose, any thing in the pre- ceding section to the contrary notwithstanding.” [84 v. 85.] Upon the receipt from the secretary of state of the cer- tified copy of the articles of incorporation, the subscribers to the articles, in the case of a church or other religious society, should call a meeting, at a convenient date, of all the members of such church, or society, for the purpose of organization and the election of trustees and other officers of such church or society ; and at such meeting and at each subsequent annual meeting each member of such church or society isentitled toa vote. This statute (§ 3241) iscontrary to the custom of many churches, where quarterly conferences or other styled bodies within bodies, elect the trustees and other officers of the church. Nor would it seem that churches organized heretofore under the various statutes which have existed since the adoption of the new constitu- tion, but previous to the enactment of section No. 3241, have any authority for an election of officers by any smaller body than the full membership of the church. An examination of these various statutes supports the view, that each member of the church or society, is entitled to a vote at the organization and at each election thereafter. OHIO RELIGIOUS CORPORATIONS. i’ Sec. 3. Time of Elections. § 3246. ‘‘ Unless the regulations of the corporation other- wise provide, an annual election for trustees . . . shall be held on the first Monday in January of each year; if trustees . . . are, for any cause, not elected at the annual meeting, or other meeting called for that purpose, they may be chosen at a members’ . . . meeting at which all the members . . . are present in person or by proxies, or at a meeting called by the trustees or any two members . . . notice of which has been given by publication in some newspaper printed in the county where the corporation is situate . . . for ten days; and trustees . . . shall continue in office until their successors are elected and qualified.” Form or NoricE UNDER § 3246. Notice of Election. Notice is hereby given that a special meeting of the members of the Asbury Methodist Episcopal Church, of Springfield, Ohio, will be held in the church audience room, Tuesday, January 10, a. pv. 189—, at 7:30 o’clock p. M., for the purpose of electing Trustees for the ensuing year. By order of the Board of Trustees. January 5, 189—. James Wixson, President. This notice need only be published once, and is only necessary in case of a special meeting. 14 OHIO RELIGIOUS CORPORATIONS. Sec. 4. Oath of Trustees. § 3247. ‘‘Each trustee . . . shall before entering upon his duties, take an oath faithfully to discharge the same; the trustees . . . chosen at any election, shall as soon thereafter as may be convenient choose one of their number to be president, and unless the regulations otherwise pro- vide for the election of such officers, shall appoint a secre- tary and treasurer of the corporation; and a majority of the trustees . . . shall form a board.” Form oF OATH. State of Ohio, a Clark County, j Before me, a notary public, in and for said county, per- sonally appeared John Williams, Wiliiam Brown, John Johnson, William Black and James Smith, who being each duly sworn, severally say that they will faithfully perform their duties as trustees of the Ashbury Methodist Episcopal Church. JoHn WILLIAMS, Wituram Brown, JOHN JOHNSON, WILLrAmM BuAckK, JAMES SMITH. Sworn to before me and in my presence subscribed this 10th day of January, A. D., 1898. REUBEN MILLER, [SEAL. ] Notary Public Clark County, Ohio. It can not be said to be customary for trustees of re- ligious corporations to take an oath of office; but the statute plainly commands it. Its omission, however, would not invalidate any act of the corporation. OHIO RELIGIOUS CORPORATIONS. 183) Sec. 5. Duties of Trustees. § 3248. ‘‘The corporate powers, business and property of corporations formed under this title must be exercised, conducted and controlled . . . where there is no capital stock, by the board of trustees; . . . and trustees of corporations must he members thereof; and whenever the office of . . . trustee becomes vacant, the board of . . . trustees may fill the same for the unexpired term by appointment, unless the by-laws other- wise provide. Ri This section entrusts all the business affairs of the cor- poration to the board of trustees; and under it other boards, such as stewards and others, have no voice in busi- ness matters; and their participation and the participation of every other person in the management of the business affairs of the corporation is expressly forbidden. Such other boards have their proper functions in other directions, while business matters ‘‘must be . . . conducted and controlled by the board of trustees.” It has sometimes happened that persons not members of the church or society have been elected trustees thereof. This also is expressly forbidden by section No. 3248. Sec. 6. Liability of Trustees for Debts. § 3261. ‘‘ The trustees of a corporation created for a pur- purpose other than for profit, shall be personally liable for all debts of the corporation by them contracted.” [52 v. 44, § 78. ] 16 OHIO RELIGIOUS CORPORATIONS. Sec. 7. Power of Trustees. § 3779-2. ‘‘ The trustee or trustees for the time being of any religious society aforesaid shall have the same power to defend and prosecute suits at law or in equity, and do all other acts for the protection, improvement and preserva- tion of said property, as individuals may do in relation to their individual property.” [23 v. 9.] - OHIO RELIGIOUS CORPORATIONS. . LZ CHART ERA. REGULATIONS AND By-Laws. § 3249. ‘‘ Every corporation may adopt a code of regula- tions for iis government, not inconsistent with the consti- tution and laws of the state.” Sec.1. Regulations, How Adopted. § 3251. ‘‘ Regulations may be adopted or changed by the assent thereto, in writing, of two-thirds . . . if there is no capital stock, of the members, or by a majority of the . . . members ata meeting held for that purpose, notice of which has been given by the acting president personally toeach member . . . or by publication in some newspaper of general circulation in the county in which the corporation is located. i Sec. 2. Form of Notice Under ? 3251. Legal Notice. Notice is hereby given that a meeting of the members of the Asbury Methodist Episcopal Church, of Springfield, Ohio, will be held in the church audience room, Tuesday, January 10, 189—, at 7:30 o’clock P. M., for the purpose of adopting [or, changing] the regulations of said corpo- ration. JAMES WILLIAMS, January 5, 189—. President of Board of Trustees. This notice need only be published once. 18 : OHIO RELIGIOUS CORPORATIONS. - Sec. 3. Regulations, What May Contain. § 3252. ‘A corporation by its regulations, when no other provision is specially made in this title, may provide for 1. The time, place, and manner of calling and conduct- ing its meetings. 2. The number of . . . members constituting a quorum. 3. The time of the annual election for trustees and the mode and manner of giving notice thereof. 4, The duties and compensation of officers. 5. The manner of election, or appointment, and the tenure of office, of all officers other than the trustees. . . . 6. The qualification of members when the corporation is not for profit.” Sec. 4. Form of Code of Regulations. ARTICLE I, Member of Methodist Episcopal Church. This corporation shall be a member of the Methodist Episcopal Church of the United States of America, and shall be subject to the laws and discipline thereof. ARTICLE II. Members. Any person may become a member of this corporation in the manner prescribed by the discipline of the Methodist Episcopal Church of the United States of America. OHIO RELIGIOUS CORPORATIONS. 19 ARTICLE III. Meetings of Members. The annual meeting of the members shall be held in the Church Parlors, in Springfield, Ohio, on the second Tues- day evening in January of each year, and at 7:30 o’clock ; and special meetings may be called by the President, or the Pastor in charge, or by any three trustees, upon days previous notice, read to the congregation at a regular Sun- day morning service. ARTICLE IV. Election of Trustees. At the annual meeting of members, or at a special meet- ing called for that purpose, there shall be elected, by bal- lot, nine trustees, for the term of one year each, but to serve until their successors are elected and qualified ; and a majority of all votes cast shall be necessary to a choice. Notice of said annual meeting or special meeting at which trustees are to be elected shall be given, by reading such notice to the congregation at a regular Sunday morning service of the Church, on the two Sundays previous to such meeting; and such notice shall recite the fact that trustees are to be elected. ARTICLE V. Officers. The officers of this corporation shall be a President, Vice-President, Secretary, and a Treasurer, who shall be elected by the Board of Trustees for the term of one year, but to serve until their successors are elected and qualified. 20) OHIO RELIGIOUS CORPORATIONS. ARTICLE VI. Duties of Officers. Sec. 1. It shall be the duty of the President to preside at all meetings of the Board of Trustees, and at all annual and special meetings of members; to attest the minutes of all meetings presided over by him, and to perform all duties geneally incident to such office. Sec. 2. The Vice-President shall perform all the duties of the President during his absence or disability. Sec. 8. The Secretary shall keep the minutes of all meetings of the Board of Trustees and of the members, and in general perform all the duties usually incident to such office. Sec. 4. The Treasurer shall keep an accurate account of all money received and paid out by him, and in general perform all the duties usually incident to such office. But he shall pay out no sum larger than $ , except upon the order of the Board of Trustees, conveyed to him, and signed by the President and Secretary. At the expiration of his term of office, he shall deliver to his successor all his records, and the money of the cor- poration then in his possession. ARTICLE VII. Order of Business. At all regular meetings of the members, the order of business shall be as follows: . Prayer by the pastor. . Reading of minutes of previous meeting. . Reports of committees. . Reports of officers. . Unfinished business, or WDNR OHIO RELIGIOUS CORPORATIONS. 21 6. New business. 7. Election of Trustees. This order for any particular meeting, may be changed by an affirmative vote of a majority of the members present. ArTIcLE VIII. Amendment to Regulations. These regulations may be amended by a majority of the members attending the annual meeting or any special meeting, provided three weeks’ previous notice of the pro- posal of such amendment, has been given by posting a copy of such proposed amendment in a conspicuous place in the vestibule or lobby of the Church. ; Sec. 5. By-Laws, How Adopted. § 3250. ‘‘The trustees . . . of a corporation may adopt a code of by-laws for their government, not incon- sistent with the regulations of the corporation, or the con- stitution and laws of the state and may change the same at pleasure.” Sec. 6. Form for By-Laws. ARTICLE I. Meeting of Trustees. The regular meeting of the Board of Trustees shall be held in the Church Parlors on the first Monday evening of each month, at 7:50 o'clock ; and special meetings may be held at the call of the President or the Pastor, and special meetings shall also be called on the written request of any two Trustees. bo bo OHIO RELIGIOUS CORPORATIONS. ARTICLE II. Quorum. At all meetings, a majority of the Board of Trustees, shall constitute a quorum. ARTICLE III. Qualification of Officers. All Trustees and Officers of the corporation shall be mem- bers thereof in good standing. ARTICLE LV. Amendments. These by-laws may be amended or repealed or new by- laws adopted, at any regular meeting of the Board of Trustees, by an affirmative vote of a majority of all the Trustees. OHIO RELIGIOUS CORPORATIONS. ky) GHAPTER VE AMENDMENTS TO ARTICLES OF INCORPORATION. Sec.1. How Adopted. § 3238a. ‘‘Any corporation, incorporated under the gen- eral corporation laws of the state, may at any meeting of its members . . . of which and of the business to come before said meeting, thirty days’ notice has been given by amajority of the . . . trustees of said corporation in a newspaper published and of general circulation in the county where the principal place of business of said cor- poration is located . . . bya vote of at least three- fifths of its members, of incorporations having no capital stock, amend its articles of incorporation, so as to change its corporate name; or the place where it is to be located, or where its principal business is to be transacted ; or so as to modify, enlarge or diminish the objects or purposes for which it is formed; or so as to add thereto any thing omitted from, or which might lawfully have been provided for, in such articles originally ; provided, however, nor shall any corporation, by amendment, change substan- tially the original purpose of its organization. When adopted, a copy of such amendment, with a certificate thereto affixed, signed by the president and secretary of the corporation, and sealed with the corporate seal, if any there be, stating the fact and date of the adoption of such 24 OHIO RELIGIOUS CORPORATIONS. amendment, and that such copy is a true copy of the orig- inal, shall be recorded in the office of the secretary of state, who shall note on the margin of the record of the original articles of incorporation of said corporation, and on the margin of the index thereto, the volume and page where such amendment is recorded; and no such amendment shall take effect until filed for record with the secretary of state as herein provided, and until the secretary of the cor- poration shall have given notice, for three consecutive weeks, in some newspaper of general circulation in the county where the principal office of the corporation is sit- uated, of such amendment; provided, however, that any or all of the notices required by this section may be waived whenever . . . all the members of a corporation hav- ing no capital stock, consent thereto in writing. But no corporation shall change its name to one already appro- priated, or to one likely to mislead the public; nor shall any corporation, by amendment, provide for a purpose which is unlawful. For recording such amendments and for furnishing a certified copy, the secretary of state shall receive a fee of twenty cents a hundred words, to be in no case less than five dollars.” [83 v. 193.] Under the above section, three-fifths of the members of the corporation means, in law, three-fifths of all those voting upon the proposed amendment. This is the only _practical rule, and is the one that obtains in amending the state constitution. (Griggs v. Middaugh, 22 Bulletin, 367.) In the same case, the court also says, ‘‘ the whole society” OHIO RELIGIOUS CORPORATIONS. 25 means those voting. The same doctrine was also laid down in the case of Rike v. Floyd, 6 C. C. 80, in which case the court said, where ‘‘ the constitution of a religious society could be changed only by a two-thirds vote of the whole society, held, this means two-thirds of the members voting on the proposition.” Sec. 2. Forms under ? 3238a. LEGAL NorIce. Notice is hereby given that a meeting of the members of the Asbury Methodist Episcopal Church will be held in the audience room of said church, on West Main street, Springfield, Ohio, on Tuesday, the 3d day of May, a. D. 1898, at 8 o’clock Pp. M., for the purpose of considering and adopting an amendment to the articles of incorpora- tion of said church, changing the name of said corporation to “The John Wesley Methodist Episcopal Church.” Joun WILLIAMS, WituramM Brown, JOHN JOHNSON, Witii1am Brack, JAMES SMITH. All legal notices should be verified by the printer in the usual way and filed with the secretary of the board of trustees, and by him recorded in the records of the cor- poration. RESOLUTION. Be it resolved by the members of the Asbury Methodist Episcopal Church, that that part of the articles of incor- poration of said Asbury Methodist Episcopal Church which 26 OHIO RELIGIOUS CORPORATIONS. provides for the name of said corporation, be amended so as to read as follows: ‘First. The name of said corporation shall be the John Wesley Methodist Episcopal Church.” CERTIFICATE. This is to certify that at a meeting of the members of the Asbury Methodist Episcopal Church, held in the audi- ence room of said church, on West Main street, Spring- field, Ohio, on the 3d day of May, a. p. 1898, at 8 o’clock p. M., and of which meeting, and of the business to come before it, legal notice had been published by a majority of the trustees of said church, for thirty days prior to such meeting, in the Springfield Times, a newspaper published and of general circulation in Clark County, Ohio, an amendment to that part of the articles of incorporation of said church, which provides for the name of said corpora- tion, was adopted, and the following is a true copy thereof: ‘‘ First. The name of said corporation shall be the John Wesley Methodist Episcopal Church.” Witness our hands, this 4th day of May, a. p. 1898. Joun Wiuiams, President. [SEAL. ] Wiu1aM Brack, Secretary. LreaaL Norice. Notice is hereby given that at a meeting of the members of the Asbury Methodist Episcopal Chureh, on the 3d day of May, A. p. 1898, the articles of incorporation of said church were amended so as to change the name of said corporation to that of ‘‘The John Wesley Methodist Epis- copal Church.” OHIO RELIGIOUS CORPORATIONS. 27 CHAPTER VII. Sate, INcUMBRANCE, AND CONVEYANCE OF REAL Estate. Sec.l1. How may Sell or Incumber. § 3794. ‘“When any charitable or religious society or as- sociation desires to sell, exchange or incumber by mortgage or otherwise any real estate now or hereafter owned by it, or held in trust by it for any specified religious or charitable purpose, or held for its use or benefit by trustees either chosen by it or otherwise constituted, for any such re- ligious or charitable purpose, except grounds used or occu- pied as burial-places for the dead, the trustees, wardens and vestry, or other officers intrusted with the management of the affairs of such society or association or holding the title to such property, or such society or asssociation itself, if it be incorporated under any law of this state, may file in the court of common pleas of the county in which such real estate is situated, a petition stating how and by whom the title thereto is held, that such society or association desires to make such sale, exchange or incumbrance, and setting forth the object of the same; and if upon the hearing of such case it appears that such sale, exchange or incum- brance is desired by the members of such society or associa- tion, and that it is right and proper that anthority be given to accomplish the same, the court may authorize the 28 OHIO RELIGIOUS CORPORATIONS. trustees or other officers of such society or association, or if incorporated as aforesaid the society or association itself, to sell, exchange or incumber such real estate in accordance with the prayer of the petition and upon such terms as the court shall deem reasonable; and in case the title thereto is held for the use or benefit of such society or association by trustees, all or a majority of whom are not chosen thereby, but otherwise constituted, and who refuse upon request of such society or association, or its duly elected trustees, wardens and vestry or other officers, to file such petition, the court upon the petition of such society or association or its duly elected trustees, or other officers aforesaid, may re- quire said trustees holding such title to convey or incumber such real estate in accordance with the prayer of the peti- tion and upon such terms as shall be deemed reasonable ; provided, that all trustees holding title as aforesaid and re- fusing to file or join in such petition shall be made defend- ants therein and be served with summons as in a civil action.” [92 v. 397. ] § 3794a. ‘‘The trustees of any church organization, re- ligious or charitable society or association and all persons now or hereafter holding title to any property in trust there- for are hereby authorized and empowered to transfer and convey the same to other trustees of the same denomina- tion or to the trustees of such organization, society or asso- ciation for which the same is held in trust, or to such organization, society or association itself if incorporated under the law of this state; provided, however, such OHIO RELIGIOUS CORPORATIONS. 29 transfer or conveyance shall be made only when the prop- erty so transferred is still to be used for the specified re- ligious, charitable or church purposes, and the same shall be thereafter held in trust by the grantees for such pur- poses.” [92 v. 397.] § 3794). ‘‘ Provided, however, that where the trustees or other officers mentioned in section 3794 have heretofore sold and conveyed by deed in fee simple or mortgaged any real estate therein mentioned, without proceeding as re- quired by such section, and the grantees thereof, and their successors in line of title, have, for five years since the date of such conveyance, held continued, exclusive, notorious and adverse possession of such real estate so conveyed, such sales, conveyances and mortgages shall be of and have the same validity and effect as if the same had been made by proceedings instituted under said section and duly con- firmed by the court of common pleas.” [93 y. 101.] § 3795. ‘‘The petitioners shall cause notice of the pen- dency and prayer of the petition to be published in some newspaper of general circulation in the county where the real estate proposed to be sold, exchanged or incumbered is situate, for four consecutive weeks before the said appli- cation shall be heard.” [79 v. 109. ] §$ 3796. ‘The trustees or other officers of such religious society authorized to make such sale, exchange or incum- brance, shall make return thereof to the court ordering the same, at such time as the court shall order, and thereupon, 30 OHIO RELIGIOUS CORPORATIONS, if the court is satisfied that the same has been made in all respects according to its order, it shall approve the same, and shall order that the proceeds be invested in other real estate for the use of such society, used in the payment of its debts, or otherwise invested or disposed of according to the prayer of said petition.” [§ 79 v. 109. ] Sec. 2. Forms under 2? 3794, 3795, 3796. Whenever it is thought advisable or necessary to sell, exchange or incumber any real estate of any such society, a general meeting of the membership of the corporation should be held, and a resolution should be offered and adopted at such meeting setting forth the advisability or necessity of the same and authorizing the filing of a peti- tion in the proper court to obtain the necessary authority. Such resolution in the case of a sale can be in the fol. lowing form : Whereas, the present church edifice is in great need of extensive repairs and is also much too small for the present needs of the congregation; and Whereas, it is deemed by the membership inexpedient to rebuild upon the present site; but it is considered that another location would suit the membership much better ; Now, therefore, be it resolved, by the membership of the Asbury Methodist Episcopal Church, that the President of the Board of Trustees be, and he hereby is, authorized to take the proper legal steps to obtain the authority of the Court of Common Pleas, of Clark county, Ohio, to sell the . same; the proceeds thereof to be expended in the pur- chase of another site, and the erection thereon of another church edifice. OHIO RELIGIOUS CORPORATIONS. 31 Form For PETITION TO SELL. Court of Common Pleas, Clark County Ohio. In the Matter of the Asbury Petition for authority to sell real estate. Methodist Episcopal Church, of Springfield, Ohio. The petitioner says that it isa religious corporation, duly incorporated under the general corporation laws of the State of Ohio. Said Asbury Methodist Episcopal Church is the owner in fee simple of the following described real estate, viz: [ Description. ] Said Asbury Methodist Episcopal Church became the owner of said real estate, by purchase from James A. Hay- ward, then the owner thereof, in fee simple, and the title thereto was conveyed to said Church by said Hayward by warranty deed in fee simple of date January 21, 1889, and recorded in Vol. 67, page 118, Deed Records of Clark County, Ohio. * Said Asbury Methodist Episcopal Church, and the membership thereof are desirous of selling said real estate ; and the object of making said sale, is that another and more suitable location for the church edifice may be pur- chased, and a church edifice erected thereon for the use of said membership. Said real estate is not used or occupied as a burial-place for the dead. Wherefore said Asbury Methodist Episcopal Church prays for a decree authorizing it to sell the real estate above described; and for such other and further relief as the nature of the case demands. Simpson & SIMpPson, Attorneys for Petitioner. 32 OHIO RELIGIOUS CORPORATIONS. Clark County, John Williams, being sworn, says that he is President of the Board of Trustees of the Asbury Methodist Episcopal Church; that the statements of the foregoing petition are true as he believes. Joun WILLIAMS. State of Ohio, ; Sworn to before me, and in my presence subscribed this 10th day of May, a. v. 1898. RicHarp Fox, [SEAL. ] Notary Public, Clark County, Ohio. Form or Notice. Legal Notice. Notice is hereby given that the Asbury Methodist Episcopal Church, of Springfield, Clark county, Ohio, a religious corporation, duly incorporated under the laws of Ohio, did, on the 10th day of May, a. p. 1898, file in the Court of Common Pleas, of Clark county, Ohio, a petition praying for authority to sell the following described real estate: [ Description. ] Said petition will be for hearing by said court on and after four weeks from this date, May 10, 1898. Simpson & Simpson, Attorneys. Form For ENTRY AUTHORIZING SALE. Caption. This cause this day came on to be heard upon the peti- tion and the evidence and was submitted to the court. Upon consideration whereof, the court find that due notice of the pendency and prayer of the petition has been published in the Springfield Times, a newspaper of general circulation in Clark county, Ohio, for four consecutive OHIO RELIGIOUS CORPORATIONS. 33 weeks beginning May 10, 1898; that the allegations of said petition are true; that the sale prayed for is desired by the members of said Church; and that it is right and proper that authority be given to accomplish the same. It is therefore ordered by the court that the said Asbury Methodist Episcopal Church be and it hereby is author- ized to sell the said real estate in the petition described. Said sale shall be upon,the following terms: One-third of the sale price shall be paid cash, the balance in two equal payments due in one and two years respectively, bearing six per cent interest per annum, and secured by mortgage upon the said real estate. Said real estate shall not be sold for less than the sum of five thousand dol- lars, and said corporatiun is ordered to report its doings under this order to this court for confirmation. Form FoR Reporr oF SALE. Caption. Now comes the Asbury Methodist Episcopal Church by its attorneys, and reports to the court that it has sold the real estate in the petition described for the sum of five thousand dollars to William Wilson, upon the terms or- dered by the court, viz.: one-third cash and one-third in one year and one-third in two years, deferred payments to bear six per cent interest and to be secured by mortgage upon said real estate. Form For ENTRY OF CONFIRMATION. Caption. This cause this day came on to be heard upon the re- port of sale of the real estate in the petition described, by petitioner to William Wilson, filed herein and submitted to the court. Upon consideration whereof, the court finds that the 34 OHIO RELIGIOUS CORPORATIONS. same is in all respects regular and according to the order of the court; and the same is hereby approved and said Asbury Methodist Episcopal Church is hereby authorized to make and deliver a deed in fee simple for said premises in the petition described to said William Wilson, the pur- chaser thereof. Said corporation is further ordered to expend the sum realized from said sale of said realestate only in the pur- chase of a site and the erection thereon of a church edifice in the City of Springfield, Clark county, Ohio. ForM FOR PETITION FOR AUTHORITY TO INCUMBER. Follow form above given for a petition for authority to sell to *, and then say: The said Asbury Methodist Episcopal Church is erect- ing upon said premises a dwelling-house to be used by said Church as a parsonage or residence for its pastor ; that in order to pay for the construction of said dwelling- house, it is necessary for said Church to borrow the sum of two thousand dollars. Said Church have made an agreement with the Spring- field Savings Society for a loan from said Society of said sum of $2,000.00 for one year with six per cent interest thereon, said loan to be secured by a mortgage on the premises above described. Said real estate is not used or occupied as a burial-place for the dead. Wherefore, petitioner prays fora decree authorizing it to incumber by mortgage the above described real estate to secure to said Springfield Savings Society or to any other person, from whom said amount may be obtained, the payment of said loan of $2,000.00, one year after the date OHIO RELIGIOUS CORPORATIONS. oO of obtaining saidsum, with six per cent interest per annum, and for such other relief as may be necessary in the premises. Smpson & Simpson, Attorneys for Petitioner. LecaL NotIce. Notice is hereby given that the Asbury Methodist Epis- copal Church of Springfield, Ohio, a religious corporation under the laws of Ohio, did, on the 10th day of May, a. Dp. 1898, file in the Court of Common Pleas, of Clark county, Ohio, a petition praying for authority to incumber by mortgage the following described real estate, viz.: [ Description. ] Said incumbrance to be given to the Springfield Savings Society, or to some other person, loaning to said Church $2,000.00 at six per cent interest, for a term of one year, to secure the payment of the same. Said petition will be for hearing on and after four weeks from this date, May 10, 1898. Smmpson & SIMpPson, Attorneys for Petitioners. For succeeding entries and the report of the incum- brance, the forms given in the case of a sale can be easily adapted. A religious corporation may give a purchase money mortgage without an order of court, although forbidden to sell without such an order. 20 A. & E. Encyclopedia of Law, p. 815. In a New York case, the court said:‘‘ I am satisfied an order was never necessary to enable a religious corporation 36 OHIO RELIGIOUS CORPORATIONS. purchasing land, to execute a mortgage for the purchase money. It was a question of purchase ratber than sale. The statute is only applicable to a case, where the Church is the owner of real property; and its object is, that the court may control the disposition of the proceeds and pre- vent a misapplication of trust funds. If no mortgage whatever had been executed by the plaintiff, Clapp would still have had an equitable lien for the purchase money which he might have enforced by foreclosure, and as against the plaintiff, it would have been as effectual as a mortgage formally executed under the order of the court. Baptist Society vy. Clapp, 18 Barbour Reps. 35. The giving of a purchase money mortgage by a re- ligious corporation without an order of court, would there- fore be but the expressing in writing of the vendor’s lien, which exists independent of the court’s order; and the re- cording of such a mortgage would give notice to all the world of the existence of the lien. It is possible to reserve, validly, a vendor’s lien, in the deed conveying the prop- erty. And to do the same, in the form of two instru- ments, a deed and then a mortgage back, would be but a variation in form and not in substance. Sec. 3. Sale of Unclaimed Real Estate. § 3774. ‘‘When the title of any real estate is vested in trustees for the use of churches, or congregations of churches, and, owing to the peculiar situation of such real estate, or the nature of the trust or conditions upon which OHIO RELIGIOUS CORPORATIONS. BY A it is held, it has not been for twenty years claimed by or appropriated to the use of churches or congregations, as originally contemplated, and such trustees are in doubt as to what disposition to make of such unappropriated church property, and when any public church-site and meeting- house has been abandoned by the public as a place of worship, and the trustees invested with the title of such property have sold the same, and are in doubt as to what disposition to make of the proceeds thereof, such trustees may file a petition in the court of common pleas of the county where the property is situate, setting forth all the facts in the case, and asking the direction of the court as to the proper disposition of such unappropriated property or proceeds.” [65 v. 84, § 1.] §$ 38775. ‘‘ Notice of the filing of such petition shall be given by publication in some newspaper printed and of general cir- culation in the county where it is filed, for four consecutive weeks, setting forth the object and prayer thereof, and that any person, church, or congregation, claiming an in- terest in the subject-matter of such petition, may appear and file an answer therein; and the court, on final hearing of the case, shall make such order or decree therein as will best secure the rights of the churches or congregations, or person having an interest therein, and as will best promote the interests of religion, having regard, as near as may be, to the nature and terms of the original trust or purpose with which such property or proceeds is charged, and shall 38 OHIO RELIGIOUS CORPORATIONS, tax the costs of the proceeding as justice and equity re- quire.” [65 v. 84, §2.] The forms given under Sec. 2, of this chapter, can readily be adapted to sales provided for by § 3774. Where doubt exists as to the disposition of the proceeds of a sale, the filing of a petition under this section, would thus make two suits necessary. While originally, in the petition to the court asking for the order of sale, an addi- tional cause of action could be added, asking the court’s direction as to the disposition of the proceeds of the sale, and thus the result provided for in this section, would be accomplished in a single action. Sec. 4. Sale of Abandoned Real Estate. § 5812. ‘‘When any real estate, except burial grounds or a cemetery, has been donated, bequeathed, or otherwise intrusted to, or purchased by, any person or trustee, for any public religious use, but not to or for the use of any specific or particular religious society or denomination, or when the same has been donated, bequeathed, or intrusted to, or purchased by, a particular religious society or de- nomination, and has been abandoned for such use, the court of common pleas of the county in which the same is located may, upon good cause shown, upon the petition of any citizen of the vicinity, make an order for the sale of such property, whether the same has been built upon or otherwise improved or not, and may make such order as to costs, and such disposition of the proceeds of the sale to OHIO RELIGIOUS CORPORATIONS. 39 such religious or other public use, as shall be just, proper, and equitable; and the purchaser thereof shall be invested with as full and complete a title thereto as the character of the original grant for such religious use will allow.’ [66 v. 126, §§ 1, 2.] § 5813. ‘‘All persons who have a vested, contingent or reversionary interest in such real estate, and the trust- ees or other temporal officers of any religious society then using the same, shall be made parties to the petition, and be notified of the filing and pendency thereof, as in a civil action.” [66 v. 126, § 2.] Sec. 5. Transfer of certain Church Property. § 3776-1. ‘‘Any ecclesiastical society incorporated under the laws of this state connected with a church of Christ in this state, may by a three-fourths vote of its adult members present and voting at a meeting warned and held for that purpose, assign, transfer and convey to the church with which it is connected, and which is incorporated under the laws of this state, all the property and estate, real and personal, and trust funds of said society to be held by said corporation under the trusts and for the same uses upon which the same had heretofore been held by such society, and the society, committee, or trustees, are fully authorized to make, pursuant to such vote, any and all conveyances necessary to complete sach assignment and transfer; but before the same shall be effectual a certificate of the fact of such assignment and transfer shall be filed in the office 40 OHIO RELIGIOUS CORPORATIONS. of the secretary of state, and in the office of the clerk of the county in which the property is located.” [88 v. 298. ] This statute can be best explained by example. Assume an incorporated Christian Endeavor Society or a Baptist Young Peoples’ Society, connected with a church of its denomination, in a certain locality, and owning property, real or personal; this statute would authorize the convey- ance to the church with which the society was connected, of all of the society’s property, without first obtaining an order of court authorizing the conveyance. Certificate. SPRINGFIELD, Ouni0, July 10, 1898. Honorable Secretary of State. This is to certify that the Christian Eudeavor Society of the Fifth Presbyterian Church, of Springfield, Ohio, a cor- poration under the laws of Ohio, connected with the said Fifth Presbyterian Church, of Springfield, Ohio, also a corporation under the laws of Ohio, has this day assigned, transferred and conveyed to the said Fifth Presbyterian Church the following described real estate. [Description. ] Also the following scheduled personal property. (Schedule. ] Also the following scheduled trust funds. [ Schedule. ] Said property is all of the property of said society. Said conveyance was duly authorized by a three-fourths vote of the adult members of said society present and voting OHIO RELIGIOUS CORPORATIONS. 41 at a meeting duly warned and held for that purpose on the 8th day of July, a. p. 1898. Witness our hands and the seal of said society. THE CuHristiAN ENDEAVOR SOCIETY OF THE Firra [SEAL.] PRESBYTERIAN CHURCH, OF SPRINGFIELD, OHIO. By J. W. Srewart, President, ELIZABETH JOHNSON, Secretary. Sec. 6. Conveyance of Church Sites. CuurcH Sires SuBsJEcT TO PAYMENT OF JUDGMENT. § 3776. ‘‘When any real estate has been purchased by or conveyed to trustees for the use of churches or congre- gations, as sites for meeting-houses to be erected thereon, and such churches or congregations have erected houses of worship thereon, but no power is possessed by such trustees to convey such real estate to such congregations, or to the trustees thereof, such trustees may convey such improved sites to the trustees of such congregations; provided, how- ever, that were an incorporated religious congregation, society, association, sect, or denomination, use or occupy as and for a place of worship, real estate which is held in trust for such religious congregation, society, association, sect, or denomination, or the members thereof, as and for a place of worship, and a judgment has been, or may be, recovered against such incorporation, the said real estate, together with such edifice and improvements thereon, shall, by a civil action for that purpose, be subjected to the payment of such judgments and costs.” [80 v. 51.] 42 OHIO RELIGIOUS CORPORATIONS. GHA RTE Re Villa ParTITION oF REAL Estate. Sec.1. How Accomplished. § 5775. ‘‘When two or more religious denominations, or other societies or associations, have united in a corporation, and as such corporation acquire title to real estate in this state, and subsequently agree to separate and form two or more separate corporations under the laws of the state, either corporation, after such separate organization, may file its petition, under this chapter, for partition of such property so acquired and held.” [62 v. 142.] § 5776. ‘‘When two or more religious societies or con- gregations have, by gift or purchase, acquired land upon which to erect a house of public worship, and other build- ings for church or school purposes, and for a cemetery, in common, and either of such societies or congregations de- sires to abandon the joint use of such house of public worship, or other erections, it may commence an action for the partition of the use of such common property, except the cemetery, which may continue to be used in common.” [56 v. 67, § 1.] § 5777. ‘If the court find that partition, in cases men- tioned in the last section, can be made in such manner as OHIO RELIGIOUS CORPORATIONS. 48 to occasion no confusion or inconvenience to either party in the separate use of the common property, it may order partition thereof to be made; it shall specify in the judg- ment for what purpose partition of the use is made, and how and for what purpose the use of the premises alloted to each party shall be occupied; and in no case shall the same or any part thereof be occupied for any other purpose than the erection of a house of worship, and other erec- tions connected therewith.” [56 v. 67, §§ 2, 3, 4.] § 5778. ‘‘ The court, having regard to the interest of the parties, and the benefit each may derive from a partition, and according to equity, shall tax the costs and expenses which accrue in the action, including reasonable connsel fees, which shall be paid to plaintiff’s counsel, unless the court award some part thereof to other counsel for service in the case for the common benefit of all the parties; and execution may issue therefor as in other cases.” [29 v. 254, § 16.] 44 OHIO RELIGIOUS CORPORATIONS. CHAPTER EX, CEMETERIES. Sec. 1. Sale of. § 3773. ‘‘When a religious or educational corporation or society holds any lands within the limits of any city or village which has [have] been used as a cemetery, and in- terments in which have been prohibited by the ordinances of such municipal corporation, the trustees, wardens, vestry, or other officers intrusted with the management of the property of such corporation or society, may file a pe- tition in the court of common pleas of the county where such property is situated, setting forth therein a descrip- tion of the property, the existence of such ordinance, and the names of all persons holding burial privileges in such cemetery, so far as known to them, and if such privileges are held by persons whose names are unknown to them, the facts as to same, shall also be stated, and asking that the value, if any, of such burial privileges shall be deter- mined by the court, and [the] direction of the court as to the removal of the bodies interred in such cemetery to other cemeteries, and for an order to sell such property free from such burial privileges. Notice of the filing of such petition shall be given by publication in some newspaper, printed and of general circulation in the county where it is filed, for four consecutive weeks, setting forth the object OHIO RELIGIOUS CORPORATIONS. 45 and prayer thereof, and that any persons claiming an in- terest in the subject-matter of the petition, or burial privi- leges in such cemetery, may appear and file an answer therein, within six weeks from the date of the first publi- cation of such notice, and after which, such case shall stand for hearing; and if, upon final hearing of the case, it shall be made to appear that such cemetery is as above described, the court shall proceed, with or without the aid of a jury, as the parties appearing may elect, and hear and determine the value, if any, of such burial privileges, and order that the corporation or society shall pay any amount so ascertained to the holder of such privilege, and the court may order said cemetery property sold, free from such burial privileges, and may direct a subdivision of same into lots for the purpose of sale, and shall direct the application of the money arising therefrom, to such uses of such corporation or society, for pious or educational pur- poses, as the trustees, wardens, vestry, or other officers conceive to be most for the interest of the corporation or society to which the cemetery so sold belonged; but such sale shall not be made until the bodies interred therein are removed to other cemeteries, as directed by the court on the final hearing of the case; provided, that any holder of such burial privilege who may not have appeared in such proceeding, and who has not waived his right to re- ceive compensation for same, may assert his right to re- ceive from such society or corporation, compensation therefor, within five years after the final entry to such pro- ceedings.” [87 v. 189.] 46 OHIO RELIGIOUS CORPORATIONS. Sec. 2. Forms under ? 3773. Court of Common Pleas, Clark County, Ohio. In the matter of the Trustees Petiti of the Tenth Baptist Church. } cas Petitioners say that the Tenth Baptist Church of the City of Springfield, Ohio, is a religious corporation duly in- corporated under the general corporation laws of the State of Ohio. Said Tenth Baptist Church is the owner of the follow- ing described lands situated in the City of Springfield, in the County of Clark and State of Ohio, viz: [ Description. ] Said lands, under the management of petitioners, have been used as a cemetery. Interments therein have been prohibited by an ordinance of said City of Springfield, passed by the City Council of said city August 21, 1897. The following persons hold burial privileges in such cemetery, viz: John Smith, in Lot No. One. John Jones, in Lot. No. Two. Jacob Brown, in Lot No. Three, ete. No other persons are known by petitioners to hold burial privileges therein. Burial privileges in the following lots have also been sold, but their present holders are unknown to petitioners, viz: Burial privileges were originally sold in Lot. No. Forty- two to A. Johnson, since deceased; and his heirs or de- visees are unknown to petitioners, ete. Petitioners pray that the value of such burial privileges shall be determined by the court and for the direction of OHIO RELIGIOUS CORPORATIONS. 47 the court as to the removal of the bodies interred in such cemetery to other cemeteries, and for an order to sell such property free from such burial privileges. B. A. Martin, C. B. WISEMAN, D. C. CARPENTER, F. E. Murray, Ge le Miver: Trustees. By Brown & Browy, their Attorneys. State of Ohio, Clark County, \ = B. A. Martin being sworn says that he is one of the foregoing petitioners; that the statements of the foregoing petition are true as he believes. B. A. Martin, Sworn to before me and in my presence subscribed this 12th day of January, A. D., 1898. Ricuarp Fox, [SEAL. ] Notary Public, Clark County, Ohio. LEGAL NorIce. Notice is hereby given that the Trustees of the Tenth Baptist Church of Springfield, Ohio, a religious corpora- tion duly incorporated under the laws of Ohio, did on the 12th day of January, A. D., 1898, file in the Court of Common Pleas of Clark County, Ohio, a petition reciting the ownership by said corporation of the following de- scribed lands, viz: [ Description. | Said petition further recites that said lands have been used as a cemetery ; and that an ordinance of the City of Springfield has been enacted prohibiting interments therein ; and further that certain burial privileges therein are held 48 OHIO RELIGIOUS CORPORATIONS. by certain parties known to petitioners, and by others un- known. The prayer of said petition is as follows, viz: [ Prayer. ] Any person claiming an interest in the subject-matter of said petition or burial privileges in said cemetery may ap- pear and file an answer to said petition within six weeks from January 15, 1898, and after the expiration of said time such case shall stand for hearing. Brown & Brown, Attorneys for Petitioners. Form FoR ENTRY. Caption. This cause this day came on to be heard upon the plead- ings and the evidence, and was submitted to the court. Upon consideration whereof, the court finds that due notice of the pendency, object, and prayer of the petition has been published in the Springfield Times, a newspaper of general circulation in Clark county, Ohio, for four con- secutive weeks, beginning January 15, 1898. It is further found by the court that said lands in the petition described have been used by said Church as a cemetery, as in said petition set forth. It is therefore considered by the court that a jury be impaneled, who shall hear and determine the value, if any, of the burial privileges found by said jury to be held in said lands; and to report their findings to the court for its further order. Or, ‘And the court, then, by agreement of parties, proceeding to determine the value of the burial privileges held in said lands, finds as follows: OHIO RELIGIOUS CORPORATIONS. 49 John Smith holds burial privileges in Lot No. 1 in said lands, and the same is hereby valued at $20.00. [Etc. ] Form For Entry. Caption. This cause this day came on to be heard upon the find- ings of the jury impaneled herein. Upon consideration whereof, the court orders that said findings of said jury be and the same hereby are approved and confirmed. The court therefore orders that the said Tenth Baptist Church pay to the holders of the said burial privileges the said amounts so found by said jury, as follows, viz: To John Smith, $20.00. To John Jones, $25.00. [Etc.] And it is considered by the court that said parties above named recover from said Tenth Baptist Church the said sums set opposite their names respectively, and execution is awarded therefor. It is further ordered that all the bodies interred in said lands be removed to other cemeteries. Bodies upon lots of holders of burial privileges shall be removed to cemeteries designated by such holders; and $ of the expense of the removal of each of such bodies shall be paid by such Tenth Baptist Church ; and all other bodies interred in said cemetery shall be removed by said Tenth Baptist Church and re-interred in the Calvary Baptist Cemetery, in Spring- field township, Clark county, Ohio. It is further considered by the court that the said peti- tioners be and they hereby are authorized and ordered to sell said lands in the petition described free from all burial privileges therein. Said petitioners are directed to employ a competent surveyor and have said lands surveyed, and subdivided into lots for the purposes of such sale. 50 OHIO RELIGIOUS CORPORATIONS. Said petitioners are directed to have said lands, so sub- divided, appraised by the oaths of three judicious free- holders of the vicinity, who shall make a report of their appraisement to the court. And said sale shall be at public auction, upon the premises, and upon the following terms, viz: (Terms of Sale.) No lot shall be sold for less than two-thirds of the appraised value thereof. Provided, and the court hereby orders, that such sale shall not be made until the bodies interred in said lands are removed to other cemeteries; and said trustees are di- rected to file with the clerk of this court their written report, under oath, showing such removal, after the same has been accomplished; and, upon the filing of the same, said clerk shall issue to them an order of sale for said lands; and said trustees shall report their proceedings under such order of sale to this court for confirmation. For further entries, the forms herein before given under ordinary sales by religious corporations can be readily adapted. Sec. 3. Conveyance of Public Burying-grounds. § 3773-1. ‘‘ Whenever any public burying-ground is located on or near a township line, and is used by the people of two or more townships for burying purposes, the title of which is vested in any religious or benevolent so- ciety, such religious or benevolent society, or the trustees thereof, may convey the same to the trustees of such townships so using the same, and their successors in office, jointly ; and the trustees of such townships shall accept OHIO RELIGIOUS CORPORATIONS. 51 the same and shall jointly take possession of the same, and take care and keep the same in repair, as required as to public burial-grounds in and belonging to the re- spective townships, and each township shall bear an equal share of the expenses thereof; and the trustees of each township shall levy needful taxes in that behalf, not ex- ceeding in any one year more than one-fourth of one per cent.” [90 v. 151. ] 52 OHIO RELIGIOUS CORPORATIONS. CHAPTRRXs CoNSOLIDATION OF ReELIGIous CoRPORATIONS. Sec.1. How Accomplished. § 3777. ‘‘ When two or more religious societies, churches, or associations, recognizing the same ecclesiastical jurisdic- tion, form of faith, government, order, and discipline, and incorporated by or under any law of this state, desire to be consolidated or united as a single corporation, the elders, trustees, deacons, directors, or other known and legal repre- sentatives of such societies, churches, or associations, may enter into an agreement for such union or consolidation, and prescribe the terms and conditions thereof, the corporate name of such united society, church, or association, the the time and place for the first meeting of the new corpo- ration, the number of members of each separate branch or organization who shall be chosen as directors, trustees, elders, or other officers for the new corporation, to succeed to the rights, trusts, duties, and obligations of those off- cers who, in the separate organization, held in trust the estate, real and personal, of such separate churches, socie- ties, or associations, with such other estates as they may deem necessary to complete the new corporation; but an agreement so made shall not be valid until it has been submitted to a separate meeting of the members of each organization, of which due and full notice has been given, OHIO RELIGIOUS CORPORATIONS. Oe according to the form and usage for calling church, con- gregation, or society meetings, and ratified by a two-thirds vote of all present at such meeting, in person or by proxy, and entitled to vote according to laws, regulations, or usages of such church, society, or corporation.” [67 v. 30, § 1.] § 3778. ‘‘ When the agreement has been ratified by each church, society, or association, which is a party to the pro- posed united organization, the clerk or secretary of each meeting shall certify the record of the proceedings thereof, and deliver the same to the clerk or secretary of the first meeting of the united churches, societies, or organizations, as hereinbefore provided, and as specified in the terms of agreement.” [67 v. 30, § 2.] §$ 3779. ‘If, atthe first meeting of the united corporations, the proceedings and acts of the several churches, societies, and parties thereto are submitted to and approved by the meeting, and a board of trustees, directors, or other offi- cers are chosen in accordance with the terms of agreement, the clerk or secretary of the meeting shall certify such approved agreement or terms of union, and file the same in the office of the secretary of state, whereupon the several churches, societies, or associations, parties thereto, shall be deemed and taken to be one corporation, possessing within this state all the rights, privileges, and franchises, and subject to all the restrictions, disabilities, and duties, of such new corporation.” [67 v. 380, § 3. ] § 3780. ‘*The new corporation, with its officers and 54 OHIO RELIGIOUS CORPORATIONS. chosen representatives, shall succeed to, and be invested with, all and singular, the right, title, and interest in and to every species of property, real, personal, or mixed, and all and singular the rights, privileges, and franchises of each of the churches, societies, or associations parties to the agreement, without any other act, conveyance, or transfer; and such new corporation shall hold and en- joy the same, with all the rights pertaining to such prop- erty, franchises, and trusts, and shall be, subject to all the debts, liabilities, and obligations, in the same manner and to the same extent as any or either of the churches or so- cieties parties to the new corporation.” [67 v. 30, § 4.] Sec. 2. Forms under ?? 3777, 3778, 3779, and 3780, Form oF RESOLUTION. Whereas, it is believed by the Board of Trustees of the St. James Church, that it is inexpedient to continue the separate existence of said Church; and, Whereas, said Board believe that a union of this Church with the St. John Church would advance the interests of the gospel and of this denomination; therefore, Be it resolved, that a committee of three be appointed, who shall have the power on behalf of this corporation to enter into an agreement with said St. John Church for the union of said corporations into a single corporation, upon terms and conditions to be mutually agreed upon, and subject to ratification by the membership of this Church. Form oF AGREEMENT. This agreement, made this day of Ande 18—, between the St. James Church, of Springfield, Ohio, a corporation under the laws of Ohio, and the St. OHIO RELIGIOUS CORPORATIONS. 55 John Church, of Springfield, Ohio, also a corporation under the laws of Ohio, and both being corporations recognizing the same ecclesiastical jurisdiction, form of faith, government, order, and discipline, witnesseth : (1.) Said corporations hereby unite and consolidate as a single corporation. (2.) The corporate name of such united corporation shall be the St. Luke’s Church, of Springfield, Ohio. (3.) The first meeting of said new corporation shall be held on the day of , A. D. 18—, at the church edifice of the (formerly) St. James Church, on Main avenue, Springfield, Ohio, at 7:30 Pp. m. (4.) The number of Trustees of said new corporation shall be , and there shall be chosen at said meeting Trustees from each of said contracting corporations, to serve for months, and until their successors are elected and qualified; and annually thereafter on the first in there shall be chosen by the entire membership (pres- ent and voting) of said new corporation, Trustees for a term of one year, and until their successors are elected and qualified. (5.| This agreement shall be separately submitted for ratification to the membership of each of said contracting corporations. This agreement is made in pursuance of resolutions passed by the Boards of Trustees of each of said contract- ing corporations. Witness the names and seals of said contracting corpo- rations, by their respective officers, the day and date first above written. Tue Sr. JAMES CHURCH, By Joun Dor, President. RicHarpD Rog, Secretary. THE Sr. JoHN —— CHURCH, By Joun Jounson, President. JAMES Ricwarps, Secretary. 56 OHIO RELIGIOUS CORPORATIONS. No form is here given for a notice to the separate con- gregations for the meetings to be held to ratify said agree- ment, because the same would vary according to the form and usage of the several denominations. But the same should be such as to give ample time and opportu- nity for all to know of the proposed action; and a copy of the same, with its manner of giving, should be fully noted upon the records of the board of trustees of each of said corporations. Form OF CERTIFICATE. Honorable Secretary of State : This is to certify that the above is a true copy of the article of agreement or terms of union between the St. John Church and the St. James Church, both of Springfield, Ohio, and both corporations under the laws of Ohio, which was duly ratified by each of said contractiug corporations by a two-thirds vote of the membership (present and voting) of each of said corpora- tions at meetings held by each for that purpose, due and full notice of which had been given according to the form and usuage of said Church for calling congregational meetings. And the record of the proceedings of each of said meet- ings having been certified to by the Secretaries of such meetings, and by them delivered to me, the Secretary of the first meeting of such united corporation. Now, I do hereby further certify that the said agree- ment or terms of union, together with the proceedings and acts of said contracting corporations in relation thereto, were at such first meeting of such united corporation, held on the day of , A. D. 18—, submitted to and ap- OHIO RELIGIOUS CORPORATIONS. 57 proved by said meeting, and a Board of Trustees for said new corporation was chosen in accordance with the terms of said agreement. ALBERT Scort, Secretary. Sec. 3. Transfer of Property after Union of Cor- porations. § 3781. ‘‘ When any two or more religious societies, de- nominations, or ecclesiastical corporations in this state hereafter unanimously form a union, or which have here- tofore unanimously formed a union, and become united or consolidated under and by virtue of any rules and regula- tions of such societies, denominations, or corporations, or laws of this state, the trustees, deacons, directors, or other proper officers of such new society, denomination, or cor- poration, may, at the request of a majority of the mem- bers of either of such societies, denominations, or corpora- tions, petition the court of common pleas of the proper county, setting forth the fact of such union, and the court may, in its discretion, make an order requiring such officers, at the time of such union, to convey to such new organization the real estate owned and held by the parties to the union, as the court may direct; and if any of such officers refuse or neglect to obey such order, the decree of the court shall serve as such conveyance; but such order shall in no case be inconsistent with the original terms upon which such real estate became vested in or intrusted to the parties to the union; and in all cases the grantors of such real estate to such parties, or their heirs, shall be made parties to the petition, and such grantors or their 58 OHIO RELIGIOUS CORPORATIONS. heirs who make no defense shall not be subject to costs.” [73 v. 225, § 1.] § 3782. ‘‘ Notice of the pendency of such petition shall be given by publication in a newspaper published in the county where the petition is filed, for four consecutive weeks, setting forth the object and prayer of the petition, and if no newspaper is printed in such county, publication shall be made in the newspaper published nearest to such county.” [73 v. 225, § 2.] In regard to above statutes, if the consolidation is effected under sections 3777-3780, no conveyance is neces- sary, but the fact of the consolidation vests the property of each in the new corporation. No consolidation of two corporations could take place by virtue of rules and regulations of their own, but same must be done under the laws of the state. These sections there- fore can have no value for corporations. There possibly might be such a situation where two unincorporated societies united, but it is hard to conceive of if the con- solidation is unanimous. OHIO RELIGIOUS CORPORATIONS. 59 CHAPTER XI. CHANGE OF NAME. Sec.1. How Accomplished. $5855. ‘‘The . . . trustees ofa corporation incorpor- ated in this state may file a petition in the court of com- mon pleas of the county in which its principal office is located, or, if it has no principal office, in the county in which it is situate, fora change of name of such corpora- tion; and the court, upon being satisfied that thirty days’ notice of the object and prayer of the petitioners has been given, by publication in a newspaper of general circulation in the county and upon good cause shown, shall order the change of name as prayed for.” [51 v. 293.] § 5856. ‘“‘A copy of the order of the court shall be filed with the secretary of state, if the articles of incorporation were filed in his office, or with the recorder of the county, if the certificate was filed in his office; and in either case a copy of the order shall be published in some newspaper of general circulation in the county.” [51 v. 293.] § 5857. ‘‘When the provisions of the last section have been complied with, such corporation shall thereafter be known by such new name, and shall have all the powers and be subject to the same restrictions, as if no change of 60 OHIO RELIGIOUS CORPORATIONS, name had been made; and no such change of name shall affect the rights of such corporation, or of any individual, or other corporation.” [51 v. 293.] Sec. 2. Forms Under 2? 5855, 5856, 5857. Court of Common Pieas, Hamilton County, Ohio. n the matter of the Main Street ae 2 Christain Church, Ex parte. \ Petition. A. B., C. D., E. F., G. H. and J. K., petitioners, say that they are the duly elected and qualified trustees of the Main Street Christian Church, a corporation duly incorpo- rated under the Jaws of Ohio, and whose principal cffice is located at Cincinnati, in Hamilton county, Ohio. Petitioners say that their church edifice has been re- moved from Main street in said city to a location upon Fourteenth street in said city, and that for that reason it will no longer be appropriate for it to be known by its present name. They further say that the Four- teenth Street Christian Church would be a more appro- priate name for said corporation, and such name meets with the approval of the membership of said church. Petitioners therefore pray that the name of said corpo- ration be changed from its present name to that of ‘‘ the Fourteenth Street Christian Church.” JONES & JONES, Attorneys for Petitioners. [ Verification. | Legal Notice. Notice is hereby given that on the day of A. D. 18—, in the Court of Common Pleas of Hamilton County, Ohio, the undersigned trustees of the Main Street Christian Church, a corporation under the laws of Ohio, OHIO RELIGIOUS CORPORATIONS. 61 filed their petition, the object and prayer of which, is, for an order of said court changing the name of said corpo- ration from its present name to that of ‘the Fourteenth Street Christian Church.” Said petition will be for hearing by said court at the expiration of thirty (30) days from the day of —— A. D. 18— (Signed, ) Bod eg Od BA OGM Ow C4 as Bald fed Cee Trustees of the Main Street Christian Church. Jones & JONES, Attorneys. Proof of publication should be made as in other cases. Court of Common Pleas, Hamilton County, Ohio. In the Matter of the Main Street ; noe Christian Church, Ex parte. e This cause this day came on to be heard upon the peti- tion and the evidence. Upon consideration whereof, the court finds that the said Main Street Christian Church is a corporation duly organized under the laws of Ohio, and whose principal office is located at Cincinnati, in Hamilton County, Ohio; that thirty days notice of the object and prayer of the petitioners has been duly given by publication in the ; a newspaper of general circulation in said Hamilton county; and that good and sufficient cause has been shown as set out in said petition for the change of the name of said corporation as prayed for therein. It is therefore ordered by the court that the name of said corporation, the Main Street Christian Church, be and the same hereby is changed to ‘‘The Fourteenth Street Christian Church.” It is further ordered that said trustees pay the costs hereof, taxed at $ ; 62 OHIO RELIGIOUS CORPORATIONS. Certificate. Court of Common Pleas, Hamilton County, Ohio. Be it known that I, ——, Clerk of the Court of Com- mon Pleas of Hamilton County, Ohio, do hereby certify that the following is a true copy of an order of said court, made upon the day of , A. D., 18—, in cause No. , wherein the trustess of the Main Street Chris- tian Church are petitioners. [Copy of Order. ] Witness my hand and the seal of said court this —— day of , A. D., 18—. , (Signed. ) Clerk. A copy of the order of the court duly certified must be filed, as required by § 5856, with the secretary of state or the county recorder, as the case may be, according to original obtaining of the articles of incorporation. The same section also requires at least one publication of a copy of said order in a newspaper of general circulation in said county. OHIO KELIGIOUS CORPORATIONS. 63 CHAPTER XII. SPECIAL CORPORATIONS. See.1. Associations for Holding Donations and Be- quests. § 3783. ‘‘An association incorporated for the purpose of receiving and holding donations and bequests, and funds arising from other sources, and disbursing the interest and income arising therefrom as in this section provided, shall hold all such principal sums as a permanent fund; and the interest arising from such fund, and the annual income arising from all personal and real property held by such association, shall be applied and distributed annually as follows: First. To the payment of the necessary expenses of such association. Second. The balance shall be paid to the board of stewards, or any officer that may be designated by any conference, synod, assembly or association within the bounds of which the principal office is located at the time of such organization, to be distributed by the board of stewards, or such other officer, annually to such persons as may be designated by such conference, synod, presbytery, assembly or association.” [71 v. 110, §$ 1, 2, 3, 4.] 64 OHIO RELIGIOUS CORPORATIONS. Sec. 2. Endowment Fund Corporations. § 3784. ‘‘When a presbytery, synod, conference, dio- cesan convention or other representative body of any re- ligious denomination in this state, or when an assembly, synod, conference, convention or other general ecclesi- astical body of any religious denomination held in the United States desires to create a board of trustees for any endowment fund or other property of the denomination represented by such body, and, at any regular meeting of such presbytery, synod, conference, diocesan convention or other representative body of such denomination in this state, or of such assembly, synod, conference, convention or other general ecclesiastical body in the United States, elects not less than five members of such denomination, one of whom shall be aresident freeholder in this state, to serve as trustees, and makes and files in the office of the secretary of state a statement, giving the names of such trustees, the character of the endowment fund or other property to be intrusted to their care, and the uses to which it is to be applied, signed by the proper presiding officer and the sec- retary or clerk of such body, acknowledged before a clerk of a court of record, notary public or a judicial officer having a seal, and the signing of the same is duly attested by such officer, and the statement thus authenticated is re- corded in the office of the secretary of state, the persons named in such statement as trustees shall, thereupon, with their successors in office, become a body corporate and politic for the purpose in such statement specified; and a OHIO RELIGIOUS CORPORATIONS. 65 copy of such record, duly certified by the secretary of state, shall be evidence of the existence of such corpora- tion.” [91 v. 83.] § 3785. ‘‘ Such trustees, if chosen to take charge of any endowment fund, may invest, manage and dispose of the same in accordance with the purpose for which it was created, subject to such regulations as the body by which they were elected may from time to time prescribe.” [71 wendise Si] § 3786. ‘If the trustees are chosen to take charge of and manage any other property that may be owned or in any manner acquired by such religious denomination, they shall have full power to hold, invest, control and manage the same for the benefit of the denomination within the presbytery, synod, conference, diocese or other ecclesiastical territorial limits asaforesasd. . . .” [79 y. 14.] Sec. 3. Endowment Fund for Corporations. Form FOR EnpowMENT Funp CorPoRATION. It is hereby certified that at a regular meeting of [naming presbytery, etc.| held on the day of , A. D., 18—, at , the following named persons, to wit [not less than fie in number], all of whom are members of said denomi- nation, and of whom A. B. and C. D. are resident freeholders of this state, were duly elected trustees for years, of the funds now on hand, or hereafter 66 OHIO RELIGIOUS CORPORATIONS. acquired, constituting the endowment fund for [name the purpose or otherwise designate character of fund] as author- ized by the said |presbytery, ete.,]| and to hold, manage, rent, lease, improve, sell or otherwise dispose of all real estate belonging to said denomination, subject to the direction of said [ presbytery, etc. | In witness whereof, said [presbytery, etc.,] has caused this certificate to be executed by its [title of presiding officer] and its [title of clerk or secretary] this day of A. D., 18—. — [ Title}, ——— [ Title}. State of Ohio, County. f ** Before me, a notary public in and for said county, per- sonally appeared the above named and who each signed the foregoing certificate in my presence and acknowledged the same to be the free act and deed of said [presbytery, etc.,| and their free act and deed as such officers thereof. In witness whereof, I hereunto set my hand and official seal, this day of , A. D., 18—. Sec. 4. Printing and Publishing House. § 3789. ‘‘ When a conference, presbytery, assembly, as- sociation, or other general ecclesiastical body held in the United States, elects, in conformity with the rules and regu- lations prescribed by such body, any number of persons, not. less than three, as trustees or directors of a printing and pub- lishing house, to hold their office until their successors are elected by such body, and a certificate of the election of such persons, and setting forth the name by which the corporation OHIO RELIGIOUS CORPORATIONS. 67 is to be known, signed by the cierk, secretary, or other like officer of such body, together with the written acceptance of such offices by the persons so elected thereto, is filed in the office of the secretary of state, such trustees shall be deemed and held to be duly incorporated, by the name set forth in such certificate.” [68 v. 48, § 1.] » $ 3790, ‘‘Any corporation which has heretofore been established by special act of the legislature for the purpose named in the preceding section, and whose charter has ex- pired, or hereafter expires, may be renewed by a compli- ance with the provisions of the preceding section on the part of the religious sect, association, or denomination to which such corporation belonged, or under the direction of which it was carried on; and the title to all property belong- ing to such former corporation at the date of the expiration of its charter, whether the same is real, personal, or mixed, shall pass to and be vested in the corporation so estab- lished.” [68 v. 43, § 2.] Sec. 5. Form for Printing and Publishing House Cor- porations. It is hereby certified that at a regular meeting of [nam- ing conference, etc. ], held at , on the day of ‘ A. D. 18—, the following named persons [not less than three in number] were duly elected, in conformity with the rules and regulations of said [ conference, etc. ], as trustees of a printing and publishing house, the same to be a corporation under the laws of Ohio, under the corporate name of [name]. Said trustees were elected for a term of 68 OHIO RELIGIOUS CORPORATIONS. years and until their successors are elected by said [confer- ence, etc. | In witness whereof, said [conference, etc.] has caused this certificate to be executed by its [secretary], this day of , A.D. 18—. Acceptance. We, the undersigned persons, elected by the [confer- ence, etc. ], as per above certificate, as trustees of the [name of corporation], a printing and publishing house under the laws of Ohio, hereby accept such offices and file this our acceptance of the same with the Secretary of State of Ohio. (Signed, ) : Sec. 6. Women’s Benevolent Associations. § 3791.” ‘‘Any benevolent or charitable association in- corporated by or under the laws of this state, and of which women are or may be trustees, managers, or directors, may vest the custody, control, and management of all its en- dowment or capital, funds, and property in three male trustees, to be styled fiscal trustees, who shall be appointed from time to time as follows: One by the court of com- mon pleas of the county where such association is located, one by the probate court of such county, and one by the vote of a majority of the members of such association present at a regular meeting duly convoked ; such trustees shall hold their office for three years, except the first ap- appointed, who shall hold their office respectively for one, two, and three years; they shall meet in the presence of OHIO RELIGIOUS CORPORATIONS. 69 the probate judge, and, by agreement, or by lot if they can not agree, allot themselves accordingly, and the judge shall give to each a certificate of the term so allotted to him; and upon the death, resignation, incapacity, or removal from the county, of either of such trustees, the vacancy shall be filled for the unexpired term by the same appointing power; but trustees shall uot be appointed except upon the written request of the association, filed in the probate court, in accordance with a resolution adopted by the association, at a regular meeting thereof, duly convoked; and until such appointment the associa- tion, at a regular meeting, may elect any number of such trustees, not less than three, with the powers and subject to the duties aforesaid, who shall hold their office for such time, not more than three years, as the association may, by its by-laws, determine.” [75 v. 524,§ 1.] § 3792. ‘‘The trustees shall have the exclusive right, power, and authority, in the name and behalf of such asso- ciation, to demand, take, and possess all the endowment or capital, funds, or property which such association may have or be entitled to have, and the same securely manage, invest, change and dispose of at their will, for the use and bene- fit of the association, so as to yield a regular income; they shall, every three months, or oftener if necessary and convenient, give account of all such funds, property, and in- come, to the proper board of trustees, managers, or direct- ors of the association, and shall collect at such times, and pay over to them or their order, all the net income of 70 OHIO RELIGIOUS CORPORATIONS. such investments, after deducting the actual and necessary expenses of the trust ; but no charge or allowance for their services shall be made or permitted; and such trustees may, for the purposes aforesaid, in the name of the asso- ciation, contract and be contracted with, prosecute and de- fend suits, and receive, hold, and dispose of all money and property which the association may have or acquire, or be entitled to have by gift, purchase, or otherwise, for its en- dowment, and when necessary for the purposes aforesaid may use the common seal of the corporation; but they shall not have or exercise any power, authority, or control over the institution or affairs of such corporation, other than its fiscal affairs as hereinbefore limited, nor be liable for its debts, or for any thing but their own acts or negli- gence.” [61 v. 87, § 2.] § 3793. ‘‘Any benevolent or charitable association here- after formed, coming within the purview of section thirty- seven hundred and ninety-one, may make the provisions of the two preceding sections part of its articles of incorpora- tion, and any such association now incorporated, by or under any general or special law, may accept such pro- visions, by a vote of the majority of the members present at a regular meeting, and when so accepted, and a certified copy of such acceptance filed in the office of the secretary of state, the provisions of the two preceding sections shall become and be a part of its charter.” [61 v. 87, § 3.] - ld OHIO RELIGIOUS CORPORATIONS. 71 Sec. 7. Forms under Sections 3791, 3792, 3793. Honorable Judge of the Probate Court, Cons. This is to certify that at a regular and duly convoked meeting of the Women’s Benevolent Association, held on the day of , A. D. 18—, at , the follow- ing resolution was duly adopted by said association: Resolved, by the Women’s Benevolent Associa- tion, of , that the Probate Court and the Court of Common Pleas, both of County, Ohio, be respectively requested to each appoint a male trustee, who shall, to- gether with a male trustee elected by the members of this association, constitute a Board of Fiscal Trustees, in whom shall vest the custody, control, and management of all of the endowment, capital, funds, and property of said —— Women’s Benevolent Association. In pursuance of the above resolution, we hereby request you as Judge of the Probate Court of County, Ohio, Ohio, and we likewise request the judge of the Court of Common Pleas of County, Ohio, to each appoint a male trustee for the purpose expressed in said resolution. In witness whereof, we have hereunto signed our names as President and Secretary of said association, this day of , A. D. 18—. Sec. 8. Secret Benevolent Associations. § 3796a. ‘That any secret benevolent association, or society, incorporated under or by the laws of the state, which shall have any reserve or accumulated funds or moneys, held by them for the purpose of endowment of the widows, orphans, families, or heirs of the members of such benevolent society or association, shall have the right (e) OHIO RELIGIOUS CORPORATIONS. and power to invest such funds or moneys upon interest, and shall take securities for such investment upon real or personal property, or otherwise, as such society or asso- ciation may deem fit.” [79 vy. 109.] § 3796b. ‘‘Any such association or society may elect a board of trustees, consisting of not less than three mem- bers, to whom they may ivtrust the right to manage, con- trol, take charge of, invest, collect, demand, receive, and deposit all reserves, surplus, or accumulated funds or moneys, which such association or society holds or may hold, from time to time, for the purpose of such endow- ments as are named in the first section of this act.” [79 v. 109. ] § 3796c. ‘‘Any association or society, as aforesaid, may, by law, define and limit the term of office of each and all of the said trustees; may define the duties and powers of said trustees, and of said board of trustees; may remove either one for good cause; may fill all vacancies occurring in said board; shall demand from each of said trustees security for the faithful performance of their several duties, as it may deem fit; shall have power to cause in- vestments to be made by said trustees, in the name or names of either or all of them, and in which name or names suit may be brought; may empower said trustees to discharge, acquit, and release all claims or demands of such association or society upon payment thereof. Such trustees may sue for any claim or demand, for any loan or OHIO RELIGIOUS CORPORATIONS. 73 investment heretofore made or hereafter to be made py any such association or society; and upon foreclosure of any mortgage held by such association or society, for any in- vestment or loan, may purchase and hold any lands, tene- ments, or interest in land, in fee or otherwise, and may lease, rent, sell, and convey the same by deed.” [79 v. 109.] § 3796d. ‘Any such association or society may sue or be sued, answer or be answered unto, plead or be impleaded in any court in this state.” [79 v. 109. ] § 3796e. ‘‘Any such association or society shall have power to accept and receive any donation or voluntary contribution, may collect its assessments, which shall not exceed one-fifth of one per centum of the amount payable at the death of a member; may pay endowments in the mode and to the persons named and provided by its laws, but in no case exceeding in the aggregate five thousand dollars un the death of any one member.” [79 y. 109.] 74 OHIO RELIGIOUS CORPORATIONS. CHAPTER XIII. Extinct CorporATIONS. § 3786. ‘If the trustees are chosen to take charge of and manage any other property that may be owned, or in any manner acquired by such religious denomination, they shall have full power to hold, invest, control and manage the same for the benefit of the denomination within the presbytery, synod, conference, diocese, or other ecclesiasti- cal territorial limits, represented by the trustees, subject to the direction of the proper representative body of such denomination within such territorial limits as aforesaid; and if a parish or congregation connected with the denomi- nation represented by the trustees become extinct, by reason of the death or dispersion of its members, the trustees may take possession of the church property of such parish, congregation, or society, whether real or personal, and rent, lease, sell, invest, or otherwise dispose of the same, for the benefit of the denomination represented by them, within the territorial limits represented by the body by which they were appointed, and subject to such regula- tions as such body may prescribe; but all property held by such trustees, and the proceeds thereof, shall be applied to the use and benefit of the proper denomination within this state; provided, however, that the real estate held by or in trust for any religious society or congregation as a OHIO RELIGIOUS CORPORATIONS. 15 place of worship, or otherwise, shall be liable for and may by civil action be subjected to the payment of any judg- ment which has been or shall be recorded against the trust- ees or any committee of such society or congregation, in their individual capacity, or otherwise, for labor performed, materials furnished, or damages sustained, under any con- tract with them for the erection of any church edifice or other building or improvement made thereon.” [79 v. 14.] § 3787. ‘‘When any parish, congregation, or society becomes extinct, as mentioned in the last section, the court of common pleas of the county in which any real property of such extinct parish, congregation, or society is situate, may, upon the petition of the trustees of the denomination to which such extinct parish, congregation, or society be- longed, make an order for the sale of such property, whether the same has been built upon, or otherwise im- proved, or not, the proceeds of such sale to go to, and be for the benefit of, the denomination represented by such trustees, within the territorial limits represented by the body by which they were appointed, and the purchaser thereof shall be vested with as full and complete a title to the property as the character of the original grant to such parish, congregation, or society will allow; but this section shall not be so construed as to limit, or in any degree re- strict, the powers conferred by the two preceding sections upon such trustees.” [74 v. 110, § 2.] § 3787a. ‘‘All money derived from the sale of any 76 OHIO RELIGIOUS CORPORATIONS. property under the provisions of original section and sec- tion 3787 shall be placed in the custody of the trustees of the presbytery, synod, conference, diocese, or other eccle- siastical body having jurisdiction in the territorial limits in which said property may have been located, and they shall hold the same in trust for the period of ten years, or for such period as may be prescribed by the law of the de- nomination. If within that time another parish, congre- gation, or society of the same denomination shall be or- ganized in the same locality, then the court authorizing the sale of said property, may, upon proper application and evidence, authorize the return of said money to the trustees of the new organization. Otherwise such money shall become a part of the funds of the presbytery, synod, conference, diocese, or other ecclesiastical body having jurisdiction.” [86 v. 132.] § 3787). ‘‘ Beit further enacted, that all sums of money arising from the sale of property formerly belonging to any extinct parish, congregation, or society, and which are now held by special trustees appointed by the courts au- thorizing sale of such property, shall be, from and after the passage of this act, under the control of the trustees of the presbytery, synod, conference, or other ecclesiastical body to which said extinct parish, congregation, or society may have belonged, and shall be held by them subject to the conditions and provisions of this act; and said trustees are hereby authorized to take such steps, legal or other- OHIO RELIGIOUS CORPORATIONS. 717 wise, necessary to obtain possession of such money.” [86 v. 182.] ' § 38788. ‘* When a petition is filed, as provided for in the preceding section, all persons who may have a vested, contingent, or reversionary interest: in such real estate, shall be made parties thereto, and be notified of the filing and pendency thereof, in the manner provided by law in cases of the partition of real estate; but the court may make such order as to costs as may be deemed just and proper.” [74 v. 110.] 78 OHIO RELIGIOUS CORPORATIONS, CHA PTIREXIV: MISCELLANEOUS STATUTES. 1. Township Ministerial Fund. § 1413. ‘‘The trustees, when there is money in the hands of the treasurer, arising from the rents or profits of ministerial lands, shall meet at his office or residence on the fourth Monday of April, annually, and make a divi- dend thereof to each religious society, agreeably to the provisions of the succeeding section; and said money shall thereupon be paid out by the treasurer according to the order of the trustees in making such dividend.” [59 v. 30, §1.] § 1414. ‘‘ Each denomination of religious societies, hav- ing members residing in such township, shall be entitled to participate in such ministerial fund, and each of them after assuming a name, shall appoint an agent to receive its proper proportion, who shall produce to the trustees a sworn certificate, containing a list of the names of the members enrolled in the records of such society resid- ing in such township, but no person shall be considered a member who is under fifteen years of age; and the trus- tees at their said annual meeting shall distribute said funds to the several societies, applying by their agents and pro- ducing such certificates, in proportion to the numbers of OHIO RELIGIOUS CORPORATIONS. 79 their members residing in such township, without regard to the township in which any such society regularly assem- bles for public worship.” [61 v. 74,$13; 41 v. 62, $1.] 2. Sprinkling Assessments in Cities of the First Class. § 2312. ‘In cities of the first class, council may make assessments to pay the expense of sprinkling, on the lands abutting on such street or specified part thereof, either on the valuation thereof, as listed for taxation, or by the foot front; and such assessment may be enforced by suit against the owner or occupant of such lands, or part thereof, or certified to the county auditor, and shall be placed on the county duplicate and collected by the county treasurer, as other taxes; provided, that this section shall not apply to premises held and used by any religious society exclusively as a place of public worship, unless such society shall have joined in the petition for such sprinkling.” [71 v. 73, '§ 436.) This section applies only to Cincinnati, Cleveland, and Toledo. 3. Property Exempt from Taxation. § 2732. ‘* The following property shall be exempt from taxation: “First. All . . . houses used exclusively for public worship, the books and furniture therein, and the grounds attached to such buildings necessary for the proper occu- pancy, use and enjoyment of the same and not leased or otherwise used with a view to profit.” [91 v. 393.] 80 OHIO RELIGIOUS CORPORATIONS, § 2732-1. ‘“‘Any money or funds belonging to or which may hereafter belong to Indiana Yearly Meeting of Friends, which is set apart or invested, or which may hereafter be set apart or invested, said principal and the interest or in- come derived therefrom, devoted to and used exclusively for the support of the poor of said Yearly Meeting; such money or fund, and the interest or income derived there- from, shall not be deemed taxable under any law of this state; and the person or persons having the care and supervision of the same shall not be required to return or list the same for taxation.” [76 v. 184.] 4, Language of Public Services. § 3772. ‘“‘Any religious society, incorporated under a general or special law of this state, and which act of im- corporation prescribes that the public religious services of such society shall be conducted in any other than the Eng- lish language, may at any time, by a vote of a majority of its adult members, in good and regular standing, who speak such prescribed language, decide whether its public religious services may, at any time, be conducted in any other than such prescribed language.” [65 v. 163.] This act is of but limited application. The present con- stitution forbids the creation of corporations by special act; and the ordinary religious corporation (whether created before 1851 or since, or whether created by general or special act) has no limitation in its charter, prescribing the language in which its public services are to be conducted. OHIO RELIGIOUS CORPORATIONS. 81 Where the charter contains no such limitation, the ques- tion is one to be decided the same as any other matter of church policy. And the will of the majority of the mem- bership controls the decision. 5. Descent of Trust Property. § 3779-1. ‘‘That all lands and tenements not exceeding twenty acres that have been or hereafter may be conveyed by devise, purchase or otherwise to any person or persons as trustee or trustees in trust for the use of any religious society within this state, either for a meeting-house, bury- ing-ground or residence for their preacher, shall descend, with the improvement and appurtenances, in perpetual succession, in trust to such trustee or trustees as shall from time to time be elected or appointed by any such religious society, according to the rules, customs, usages and regu: lations of such society respectively.” [91 v. 79.] 6. Property Held in Trust. § 8779-3. ‘‘ Whenever any property has been or may be conveyed in trust for the use of any religious society, church or association, whether incorporated or not, the property so conveyed shall be held by the trustee or trustees so appointed and their successors appointed, as provided in the instrument creating such trust; or in case no provision is made in such instrument, then by such suc- cessor or successors as may be appointed by any competent court; but no person shall be elected or appointed by such society, church or association to act as trustees to the ex- 82 OHIO RELIGIOUS CORPORATIONS. clusion of any trustee or trustees appointed as aforesaid.” [48 v. 71.] 7. Solemnization of Marriages. § 6385. ‘‘It shall be lawful for any ordained minister of any religious society or congregation within this state, who has, or may hereafter obtain a license for that purpose, as herein provided, or for any justice of the peace in his county, or for the mayor of any city or incorporated village in any county in which such city or village may wholly or partly lie, or for the several religious societies, agreeably to the rules and regulations of their respective churches, to join together as husband and wife, all persons not pro- hibited by law.” [86 v. 208. ] 8. Sale of Liquors near Place of Worship. § 6945. ‘‘ Whoever sells, or exposes for sale, gives, barters, or in any other way disposes of any spirituous or other liquors, or any articles of traffic whatsoever, at any place at or within the distance of four miles from the place where any religious society or assemblage of people is col- lected or collecting together for religious worship, or for the purpose of holding a harvest home festival, or where there is being held a grand army, sous of veterans’ or union veterans’ union celebration, or reunion, shall be fined not more than one hundred nor less than ten dollars; this section does not extend to tavern-keepers exercising their calling, or distillers, manufacturers, or others prosecuting their regu- lar business according to law, at their regular place of doing business nor to any person disposing of any ordinary arti- OHIO RELIGIOUS CORPORATIONS. 83 cles of provisions, excepting spirituous liquors, at his resi- dence, nor to any person having a permit from the trust- ees or managers of any such religious society or assemblage or grand army, sons of veterans’ or union veterans’ union celebration or reunion to sell provisions for the supply of persons attending such religious worship or such grand army, sons of veterans’ or union veterans’ union, and who is observing the regulations of such society or assemblage, and the laws of the state.” [85 v. 30.] 9. Penalty for Disturbing Meetings of Religious Society. S$ 6896. Whoever willfully interrupts or disturbs any assembly of persons met for a lawful purpose, or any per- son, while he is at or about the place where such assembly is to be held, oris or has been held, shall be fined not more than fifty dollars or imprisoned not more than ten days, or both. [73 v. 224, § 1.] 10. Penalty for Unlawfully Wearing Insignia of Re- ligious Society. § 7017-4. ‘“‘Any person who shall willfully wear the in- signia of any of the civic or religious societies of this state, or shall use or wear the same to obtain aid or assistance thereby within this state, unless he shall be entitled to use or wear the same, under the rules and regulations of such civic and religious societies, shall be guilty of a misde- meanor, and, upon conviction thereof, shall be punished by imprisonment for a term not exceeding sixty days, or be fined in any sum not exceeding twenty-five dollars, or both at the discretion of the court.” [86 v. 5.] 84 OHIO RELIGIOUS CORPORATIONS. CHAPTER XV. DECISIONS. (1.) CEMETERIES. The case of Price v. Methodist Church, 4 Ohio, p. 515, arose upon the following facts: A number of individuals in Cincinnati, associated themselves together as Metho- dists, and in 1807 purchased ground, for a place of wor- ship and burial, and shortly after erected ‘a place of wor- ship and opened a burial-place, in which the members of the society had liberty to bury their dead, free of expense, and others had leave also to bury, on payment of certain burying fees; and from thereon the grounds were used as a burying-ground. No dedication or platting of the ground as a cemetery occurred, and the deed to the church for the land contained no reference to its being held in trust for any such use. The society determined to aban- don its use as a cemetery, and remove the bodies, and this suit to enjoin them was begun. The court held : (1) ‘Payment for money for burials, in the burying- ground of a church, or burying in virtue of membership, gives no right to control the church in the appropriate use of its grounds. (2) ‘‘ Lands obtained by religious societies, can not be OHIO RELIGIOUS CORPORATIONS. 85 held as set apart for a burial-ground, under the statute unless actually surveyed, described, and platted. (3) ‘* Lands conveyed to trustees of a church, for the use of that church, according to its rules and discipline, the trustees can not create any individual or public right, in- consistent with the use prescribed by the discipline.*” * In the above case of Price v. Methodist Church, the following forms were used: Tue BILu. “The bill states that a number of individuals, in Cincinnati, associated themselves together as Methodists, and in 1807 pur- chased lots of ground, in Cincinnati, for the accommodation and convenience of themselves and others, for a place of wor- ship and burial; and shortly after the purchase, at their joint expense, erected a place of worship, and opened a burial-place, in which the members of the society had liberty to bury their dead, free of expense; and others had leave also to bury their dead there on paying certain burying fees to the trustees of said society ; and that from thence, hitherto, the said ground _has been used as a burying-ground. That the complainants and others, some of whom are or were members of the Meth- odist Church, used the ground designed for that purpose asa place of burial for their friends and relatives; and that those who were not members of the society have paid the trustees of said society a valuable consideration for the privilege of burying in said ground; and that they have incurred great expense in erecting memorials and monuments over the graves of theirfriends. That to secure the object of said purchase, the title of said lots was made to certain trustees and their suc- cessors, to be held perpetually for the use of said society, and for objects connected with worship and the burial of the dead. That the defendants have come to a resolution to open and dig in the ground of said grave-yard, and have given no- tice that they will remove the ground and the remains of the 86 OHIO RELIGIOUS CORPORATIONS. (2.) ELEcrtions. As a general rule, every member of a religious corpora- tion has a right to vote at an election of trustees and other officers; and also at all congregational meetings for the decision of questions properly coming before such meetings. dead therein lying, unless the friends and relatives of the said dead shall remove their remains and monuments from the yard. The complainants pray that the defendants may be perpetually enjoined from digging up the graves in the yard and remoying the remains of the dead.” THE ANSWER. “The answer admits the purchase of the lots and the build- ing of the place of worship or church. They also admit that interments have been made in the ground adjoining the church, from time to time by members and strangers; and that, from some, burial fees had been received; that, in permitting interments and receipt of the fees, all has been done with the understanding that the ground was to be held and used, when necessary, for the purpose of the original trust. They deny the payment of money by any of the com- plainants, or that they were ever given any privileges incon- sistent with the trust, or promised any; that the only disturb- ance threatened was in a vote of the society, in the regular course of its business, to erect a new church on the ground; and a determination of the trustees to remove, decently to some suitable place of interment, such bodies in said burying- ground as should be necessary for the convenient building of a church suited to the present exigencies of the society.” Defendants also exhihited their title deeds and their articles of incorporation. OHIO RELIGIOUS CORPORATIONS. 87 Right to Vote. Where a right to vote upon all matters touching the in- terests of the corporation is secured by the charter to each member, a further provision giving to pew owners the privilege of membership does not restrict the right of voting to them; but it belongs to every one admitted into the society. Wiswell v. First Cong. Church, 14 Ohio St. 31. Number of Votes Necessary. If amendments to the constitution of a sect must be requested by two-thirds of the whole society, and 54,000 votes were for it, and only 3,500 against, the latter can not urge that the society had 208,000 voters. ‘‘ Whole society” means those voting; no other rule is practical. Griggs v. Middaugh, 22 B. 367. Where the constitution of a religious society could be changed only by a two-thirds vote of the whole society, held, this means two-thirds of those voting on the prop- osition. Rike vy. Floyd, 6 C. C. 80. (3.) Masoriry ContTROLs. A good illustration of church management is contained in the case of Keyser v. Stanisfer, 6 Ohio, 363. In this ease, the First Baptist Church of Dayton, Ohio, was a member of a general Baptist association. The church owned its own house of worship, and was in good standing 88 OHIO RELIGIOUS CORPORATIONS. in the general association. At a regular meeting of the society, they unanimously abrogated their articles and adopted new rules of faith and doctrine. Afterwards, a trustee was tried on charges preferred against him, and he, on conviction, was excluded from the church. He and others then brought suit, charging that the defendants, by abandoning their original declaration of faith and certain usages common to the Baptists and by embracing certain doc- trinal errors, and by separating themselves from the general Baptist association, had ceased to be the First Baptist Church of Dayton. They asserted that they, the plaintiffs, were the true First Baptist Church of Dayton, and asked the court to decree the property to its legitimate use, namely, to them, as the true church. The court, however, held: Where a religious society purchases Jand and the title vests in them in fee asa corporation, the majority of the society have a right to control its use and occupation, of which they can not be deprived by any supposed error of doctrine. Keyser v. Stanisfer, 6 Ohio, 363. Change of Faith. Changes of faith by the constitutional majority, not in-— volving a substantial departure from the established doc- trines of a religious society, are not a perversion of the trusts on which the property is held. ike v. Floyd, 6 C. C. 80. OHIO RELIGIOUS CORPORATIONS. 89 Division of Church Property. Where the charter of a church corporation gives the power, with the consent of a majority of its members, to dispose of its property ‘‘ for the purpose of promoting the interests of their church,” and such majority decide that the interests of the church will be promoted by a division of the membership into two ecclesiastical bodies, and an equitable division of the church property, and for this purpose order a sale and division of such property; held, that such sale and division involved no violation of the charter and no breach of trust. Wiswell v. First Cong. Church, 14 Ohio St. 31 (4.) Minoriry’s Rieurs. It is the right of any member of the corporation to pre- vent, by injunction, a breach of trust by the majority. Wiswell v. First Cong. Church, 14 Ohio St. 31, (5.) PersonaL Lrapitiry OF OFFICERS. Where the society is unincorporated, trustees who do not personally participate in incurring a debt are not per- sonally liable for it. Devoss v. Gray, 22 Ohio St. 159. Le Sainte v. Fisler, 6 B. 337. The language of the statute, § 3261, ‘ trustees shall be personally liable for all debts . . . by them 90 OHIO RELIGIOUS CORPORATIONS. contracted,” would seem to indicate the same rule as to trustees of incorporated societies. Church Rules. An unincorporated society can not, by its polity, or its rules and regulations, impose personal obligations upon its members or officers, in a mode unauthorized by the general laws of the state. Devoss v. Gray, 22 Ohio St. 159. This last was a case where trustees were attempted to be personally held for a debt which they had not personally participated in contracting. The church constitution pro- vided that its trustees “‘are bound for all the debts and obligations of said church properly contracted and author- ized to be made by the church itself.” But the court held as above, that such a rule would not control the general law of the state. (6.) SECESSION OR SEPARATION. Forfeiture. Members who secede from a church organization thereby forfeit all right to any part of the church property. Wiswell vy. First Cong. Church, 14 Ohio St. 31. Methodist Church v. Wood, Wright’s Rep. 12. Question of Fact. Whether there has been a secession, within the meaning of this rule, is a mixed question of law and fact, to be de- OHIO RELIGIOUS CORPORATIONS. 91 cided upon the evidence with a view to all the circum- stances, including the acts of the parties and the motives which have prompted such acts. A conditional separation of the members into two bodies, with the consent and approval of a majority, and founded upon a contemplated division of the church property, the members still continuing to exercise their rights in the cor- poration, is not a secession. Wiswell v. First Cong. Church, 14 Ohio St. 31. Chanae of Doctrine. Where changes in the constitution have been legally made, and do not involve a substantial departure from the established doctrines, those who secede on that account for- feit all right to any share of the property, and the title of the trustees will be quieted against them. Rike v. Floyd, 6 C. C. 80. Property was held in trust for the United Brethren in Christ, and at a general conference, being the highest authority in the sect, a revised confession of faith and con- stitution was adopted, and a small part of the conference seceded and claimed the property. Held, the courts have jurisdiction only if the trust is perverted, but on matters of form and discipline the church authorities bind the courts. The departure from essential matters of faith and organic law must be obvious. If changes do not go to that extent, and are adopted by the method provided by 92 OHIO RELIGIOUS CORPORATIONS. the constitution of the church, the schismatics can not obtain aid from the courts. Griggs v. Middaugh, 22 B. 367. Change of Church Polity. Property being given to that part of the Baptists called Dunkers, and part of the congregation form a separate or- ganization and change their usages as to polity, but not as to belief, so as to be the same as the Dunkers, they are not entitled to a share of the property when sold. Ex parte Shoup, 16 B. 71. Basis of Court’s Decisions. Civil courts in determining the question of legitimate succession of an unincorporated religious society, where a separation has taken place, will adopt its rules and enforce its polity in the spirit and to the effect for which it was designed. Where public policy, or the positive law of the land, is not controvened, the decision and orders of such society, when made in conformity to its polity, should have the same effect in civil courts which the society intended should be awarded to them, when pronounced by its own judica- tories. ) The rules of the society for the management of its in- ternal affairs, and for the adjustment of the relations between its branches, constitute the rule by which they should be governed. Harrison y. Hoyle, 24 Ohio St. 254. OHIO RELIGIOUS CORPORATIONS. 93 Bartholomew v. Lntheran Congregation, 35 Ohio St. 567, was a contest between two sets of trustees for the possession of the church. The first set had under its constitution, and with the approval of a majority voting at a congrega- tional meeting held for that purpose, withdrawn the church from the synod, with which they had been connected. The trustees and members who disagreed with this action, held a congregational meeting and declared vacant the offices of the majority of the trustees and elected others in their places and took possession of the church property, and brought suit to enjoin the first set of trustees from inter- fering with their management of the church and its prop- erty. This the court refused to do and awarded the con- trol of the church to its original set of trustees, and held that under its constitution the majority had the power to withdraw the church from the synod. The same decision was reached in Heckman v. Mees, 16 Ohio, 584, a German Lutheran Church. Other churches with different rules about withdrawals from conferences, synods and presbyteries might be differ- ently situated. (7.) TRIALS. The decision of the proper church judicatory governs the pecuniary rights of a member of a religious body to its property in so far as they depend on his church status, and the civil courts will treat the decision as a judg- ment, not impeachable for informalities, but only for want of jurisdiction or fraud. Sampsell v. Esher, 26 B. 156. 94 OHIO RELIGIOUS CORPORATIONS. A finding of a trial conference that charges were suffi- ciently sustained to convict of conduct unbecoming a minister and bishop is sufficiently certain to be valid, and the civil courts can not hold it void. Id. If members of the trial conference were disqualified or prejudiced, they should have been challenged at the trial, and if this was not prevented by any fraud or violence, the decision can not be objected to in the civil courts. Jd. A provision that if a bishop is accused of immoral con- duct, three elders shall examine him, does not require them to go to him in person, if he has previously refused to submit to the examination. Id. A requirement that if the elders believe him guilty they shall call a trial conference; and they do call a trial con- ference and report that the charges are so serious and well founded as to require thorough inyestigation, this will let in oral proof that they did believe him guilty and gives the conference jurisdiction to try him. Id. If the failure to find him guilty on such preliminary ex- amination could have the force of an acquittal, it should have been pleaded at the trial and can not be pleaded here. Id. ‘Payment of salaries to suspended bishops will be pre- vented by preliminary injunction until their trial. Id. A rule that a conference shall be presided over by the bishop, if present, ought not to prevent the conference OHIO RELIGIOUS CORPORATIONS. 95 from refusing the chairmanship to a bishop who had been suspended or was under a charge, not yet tried, of great immorality. Id. Courts can not interfere with church officers on the ground that their conduct is creating dissention and de- preciating the property. Messinger v. Trinity Church, 6 B. 397. (8) Trusts FOR CHARITABLE USES. The failure of Archbishop Purcell, of Cincinnati, Ohio, was the occasion of an instructive case. The facts may be briefly summarized, as follows: John B. Purcell was bishop of the Roman Catholic diocese of Cincinnati from 1833 to 1855, and archbishop from that time to and after his assignment in March, 1879. From 1837 to the time of such assignment, his brother, Edward Purcell, was priest, and also by appointment of the archbisdop, vicar-general of the diocese, to whom was confided the general management and control of the finan- cial affairs of the archbishop. During all of the time above mentioned, the rules of the Roman Catholic Church for the diocese required all property held and used for ecclesiastical purposes to be conveyed to the bishop or archbishop of the diocese by name, his heirs and assigns forever, to be held by him in trust for the uses for which it was acquired. In the manner and for the uses above stated, the churches, school-houses, parochial residences, asylums, seminary and cemeteries involved in this controversy, 96 OHIO RELIGIOUS CORPORATIONS. were acquired and conveyed to ‘‘John B. Purcell, his heirs and assigns forever,” because the rules and canons of the church required the legal title to be so vested and for no other reasons. As soon as Edward Purcell came into the diocese, and in his capacity of vicar-general, he began to receive money on deposit (paying interest thereon), and loaning it out upon interest, all with the acquiescence of the archbishop, and so continued to receive money until the indebtedness so incurred amounted to more than $3,500,000, and which was assumed by the archbishop as his own. Finding themselves without available means to pay this indebtedness, they made an assignment in in- solvency. The question then arose, was this trust property to be taken and sold to pay the archbishop’s debts. The court held: (1) ‘‘It is competent to prove by parol evidence that land conveyed to a grantee by a deed absolute on its face, is in fact held by him in trust for charitable uses, but such evidence should be clear, convincing and conclusive.” (2) ‘‘Where such grantee is in fact archbishop of the Roman Catholic Church for his diocese, its canons and de- crees, regulating the mode of acquiring and holding church property, are competent evidence to show that the prop- erty so held by him, is held in trust for purposes of public religious worship and other charitable uses.” (3) ‘‘Such a trust is one of which the courts will take OHIO RELIGIOUS CORPORATIONS. 97 cognizance and assume control for the purpose of prevent- ing its abuse, perversion or destruction.” (4) ‘* Where such property is held by the archbishop in trust to be devoted to the uses of public religious worship, cemeteries, orphan asylums, and schools, each church, cem- etery, asylum and school is held upon a separate trust and for its own separate uses ; and one piece of property so held, is not chargeable with any part of the expense of improv- ing another, nor of improving church property generally in the diocese.” (5) ‘Property held upon such trusts by the archbishop does not pass to his assignee in insolvency, by a deed of as- signment made in his individual capacity, for the payment of his individual debts.” (6) ‘Though the several congregations of the churches so held in trust, and the persons respectively possessing and having charge of such schools, cemeteries, and asylums, are severally unincorporated and otherwise incapable of holding the legal title to the property so used, they never- theless have such an interest in the trust property as per- mits them to be represented in court by a number less than the whole, having a common interest with them, for the purpose of protecting the property from seizure and sale for the satisfaction of the private debts of the trustee.” (7) ‘‘ Changes in the membership of such congregations and bodies do not affect their legal identity ; and for the purposes of continuing and enjoying the uses to which the properties respectively possessed by them are devoted, 98 OHIO RELIGIOUS CORPORATIONS. they respectively remain, in legal contemplation, the same congregations and bodies.” (8) ‘It is not essential to the existence or enjoyment of a trust for charitable uses that the individual heneficiaries are able to show that they contributed to, or have a per- sonal, pecuniary interest in, the trust property; their in- terest is measured by, and limited to, the uses for which the property is held.” (9) ‘‘ Where such trustee has made advances from his own private means, otherwise than as donations, to assist in buying or improving the trust property, he has a claim upon the particular property so purchased or improved, which passes to his assignee in insolvency as individual assets; and in a proceeding by the assignee to subject the assets of his assignor to the payment of his debts, it is competent for the court to order an accounting of the advances so made, with a view to subjecting such property to the satisfaction of such claims.” (10) ‘Such a trustee has power, by contract, to charge the trust property with the reasonable expenses of its neces- sary preservation, improvement and repair, in favor of one who expends money, labor or materials for that purpose.” Mannix, Assignee, v. Purcell et al., 46 Ohio St. 102. (9.) MIscELLANEOUS. Deed Controls Use of Property. A deed of land for a church edifice must control the use of the property, although subscribers to the edifice under- stood that all denominations were to be admitted. The OHIO RELIGIOUS CORPORATIONS. 99 deed can not be reformed to accord with the understand- ing of the donor or of a public meeting of all denomina- tions to raise subscriptions. Miller v. Milligan, 9 Rec. 419. Leasing Property. A corporation for religious, literary and scientific pur- poses has power to lease part of its building for theatrical purposes. Catholic Institute vy. Gibbons, 3 B. 581. Newspaper. On preliminary hearing the court will not make an order upon the editors of a newspaper owned by the relig- ious body, as to what shall be published, though the court believes the editors have misconstrued the directions of the conference. Sampsell v. Escher, 26 B. 156. Pew is Real Estate. A pew in a church is real estate, and hence can not be levied upon by a constable, and the sale will be enjoined. The fact that the church’s bill of sale to the holder calls it a chattel, does not change its nature. Deutsch y. Stone, 27 B. 20. Religious Opinion. The constitutional protection of religious opinion inter- poses no barrier to compelling a party to disclose their tenets, if property rights depend upon them. Kizor vy. Stancifer, W. 323. OHIO RELIGIOUS CORPORATIONS. 101 MEMORANDA. 102 OHIO RELIGIOUS CORPORATIONS. MEMORANDA. OHIO RELIGIOUS CORPORATIONS. MEMORANDA, 103 104 OHIO RELIGIOUS CORPORATIONS. MEMORANDA. OHIO RELIGIOUS CORPORATIONS. 105 MEMORANDA, 10 OHIO RELIGIOUS CORPORATIONS, MEMORANDA. OHIO RELIGIOUS. CORPORATIONS. 107 MEMORANDA, 108 OHIO RELIGIOUS CORPORATIONS. MEMORANDA. OHIO RELIGIOUS CORPORATIONS. 109 MEMORANDA, 110 OHIO RELIGIOUS CORPORATIONS, MEMORANDA, OHIO RELIGIOUS CORPORATIONS. Gul MEMORANDA. OHIO RELIGIOUS CORPORATIONS, MEMORANDA, OHIO RELIGIOUS CORPORATIONS. 113 MEMORANDA. 114 OHIO RELIGIOUS CORPORATIONS. MEMORANDA. OHIO RELIGIOUS CORPORATIONS. 115 MEMORANDA, 116 OHIO RELIGIOUS CORPORATIONS. MEMORANDA, OHIO RELIGIOUS CORPORATIONS. LAF MEMORANDA. 118 OHIO RELIGIOUS CORPORATIONS. MEMORANDA, OHIO RELIGIOUS CORPORATIONS. 119 MEMORANDA, 120 OHIO RELIGIOUS CORPORATIONS. MEMORANDA, OHIO REIIGIOUS CORPORATIONS. LA MEMORANDA. 122 OHIO RELIGIOUS CORPORATIONS. MEMORANDA. OHIO RELIGIOUS CORPORATIONS. 123 MEMORANDA, 124 OHIO RELIGIOUS CORPORATIONS. MEMORANDA. INDEX. PAGE AB MAUGOIEd Teal OStAtG, HAlG, OL. gq e secs © soviet otae'e ws Sse le 38 PL EMCICR IOLA COPDOTALIOI ve ncse tise ts whet ears a6 ahead oes CK NO WIENER GIO Sy stuns | Vics pie a8 dre vrals hina «al 4,6 AMMODAMICHIG LO mee mnt et coh sy Aa nd are ok oie.aN 23 W hate to conta miei werner ty ate lee bcace ab she 4 Assessments for street sprinkling...................... fk) BOLVNe- STONE... tehies wae tole See Sees pele ns sok ht 44, 50, 84 COTVOY AU CEYD Ett npc Liv Nhe tots ts stalin ane enio pe nage SAEs 50 SEA KEI ty agi hee a ORIG eno OS eR aT aS oa aA 44, 50 IS Vela Wa tlOWs AGO PCGUs «ccna wre o vials leiaihs share oe ttayn a wt sine atest 21 MCIMELETIOSs BALONOL igs GanteG.cr eee taka tae coke enone 44, 50 CANS OPER UCI DOULY: 4.55 oe eee Ce Ae catyera nae euccer ce 2 92 Change DFOCOCET INS yo meran hates Save a aidla ar vicrts O16 cise oe ae Fane, SES 91 CHa POR Ole TAIL yn core pac aera lela ate sieve caw aieuara Vora atale su aero o's 88 CHaAngerOi NAN Sieectsn ahte eect Meine oe ok awente whoa A Go 59 Chavritaplewiness triste LOC te. cay esitaric sca eek: iano ts 95 CONATTOT HORS Olea teenie. faa ate oid vio Sana as, ey Giggs Ose Mato 9 Crunch sites, COMME YaNCE Olas vayk vacua. y+ se cae se anew ene 4] POURILULLONAL DEO VISIONS aeyerinits). erhais os aa suv inysee cede wre awe 1 G@nVEVanCE OL CHUICIS SILER ic sie aia'a 5 e/a ital erieataamitenes ys 41 Conveyance of public burying-grounds................... 50 Consolidation cower asia pointes rune Aisa edie eae echsmant ee 52 126 INDEX. PAGE Debts, lability of trustees ors 2a en eee eee 15, 89 Descent of trust. property 2-20. «os see ee eee ee 81 Disturbing religious meeting... tem a tne ae 83 Division-of ‘church propertysie. cb. os le eee 89 Doctrine, change voli: 2b hat. eee. Uae ie Se ee ee 91 Donations and bequests, corporation to hold.............. 63 Elect on gins cic sa ee ete iba ioe ec gisicle Saha hae eee 86 Flection Of trustees... te. Wate © te he weed oar ae tees i Blections time ob ace. cnc ete ae ces Eee eds Endowmenttund corporations. 2 28. os wees a ceil. oeerene 64 Evidetice-of incorporatiouia.., s.2 eek eee eee ees 4,10 Exemption from street assessments................000005 79 exemption irom taxation... soos. oo nee eee eee 79 Extinct;corporationsim.. eee 15, 89 Lhosstofcharteriactiacecis foe ne er ee ee 9 INDEX. 127 PAGE MiAlGrily CODUTOISe.s ene arte bo ke ee the eee Cae ieee 87 NEGTTIA DCR iE ot Ged: ok 34 ches FAT RTE aS eee ane 82 Mem DerShipes.qe: 21 alee 2c te ASA) co ts eee 11 Ministerial fund in township ..... bate ORS aire gees AED 78 MInOrity’ Ss Tights evan eco teaiow, ta Neves ponte seo 89 Moricace ol realestate ect, Ss) soo weer eo ae dees 27 Alortga ge tor Purchase: MONEY ..0% > waka de sak ees pees aes 30 PALE GAT COOL 2 bn sa. stiwis cetees at and WA uch hart Gite eo ola a 59 OWS LA DOLE ae Coa satel ce nies sakes a soce erie a ete hare 99 NALIN DOT Ole VOLES MIOCOSSALY:., Ure re an ae pene cade ee yaaa 24, 87 Oath Gt drURiee rans aman mare cate cyan eitieastcsin Greece, oo eee 14 RHEGOTS, fate suede sleet tls Pat es ead ad etary ee eed aia: 11, 14 Oftieers personal liability Ob nme aac ns ios cat ae 15, 89 Opinion TOUPIOUdC Ail ante ts kes et. ee cal ees 99 PartinOn: Ol Teal ORtALe. tos Mace ce ces tigit cues belie eit sa eine 42 Penalty for disturbing Meeting yi hoc week doses s ance « 83 Penalty for unlawful wearing of insignia................. 83 Penalty for sale of liquors near place of worship.......... 82 Permonaualiioy Ol Gutcerson ais a9 oe sere get ieee ts 15, 89 Rewsis Tea) Ostate.ic versed dese on asec a es Adatoo eaten goa 99 EOULY COON LOLOL ee ay de arty th rs ounissstenaee he Saleem ate he ee 92 Powers seeneral Of COMrpOration «ss <.isiscesicds a oes seman 9 POWere Ole CruslOOn a7 anion adteed eye raves veg dpe oss sagas 16 Printing sud publishing NOUSseG... 22 sacc.me bee ee, hace elas 66 Eroperty exempt frond taxabionig .isure pele se-wape's w aae ae es ss 79 ‘Public burying-grounds, conveyance of.............. ... 44, 50 Publiceervices, languare Ofs.iccacss + cwnle grape ea in eyitacuse.s 80 PHPCIABE-MONEG VIN OF LBAR ES: ccna slevic wi a civ als oe ae ohne aay lal 35 Realestate ssale Ol twee seta cow cok wo tise as Ge elalda als 27, 36, 38 Redlastate, pAriitiony Ole wate ntany at.s ies vec Lee ewe eee 42 128 INDEX. PAGE Record: of: proceedings: .2.5 secs ssc. eee aes: daar ete 8 Regulations, .i:..o enka ovieis batece cp emer ee tans eae eine 17 Religious opinion... 022 Wvko..y 210s ane eee ee aren cae 99 Right: to votes 's.isag aie oe es agri tacace ae eee eae ee ot 12, 86 Rules of church? s4<0 aiee wok ae tsa: Sees ee a Sale ol real estatesy. 5 ¢ se tmrnn +0nau cableken wns ce re en eee 27 Sale of abandoned real estates: 2... 2c see ern els 38 Sale.ot “cemotericn,.t grace ae cata ater ise coh aiee his eae 44 sale of “unclaimed real "estates te nec cst ces day vente 36 Secession oriseparatloniw «case agi | toe ee aes Roe 90 Secret benevolent associations...............0...scceeeeee a Secretary.ot state jeep ol spite. wa, fea incessant: selec hy are Zc Solemnization! Of marriages. 7oehacnn enki. ee ee 82 Special acts of incorporation repealed.................... Special acts of incorporation forbidden................... 1 Special corporations— Endowment fund corporations. .......0...0....eecee- 64 For holding donations and bequests.................. 63 Printing and publishing houses.27.c.cums sass. eee 66 Secret benevolent associations.....................02. 71 Women’s benevolent associations.................... 68 Sprinkling assessment ys ie cas 3 teen sree std totes ow nes 79 Taxation, exemption from...... ds peyote Sate Acioes eh ae Oe rhe Township ministerial twids. seescen- ces > dvoes sue ane 78 Transior ofchurchyproperty.... ahi are me ie ae ee ee 39 Transfer of church property after union.................. 57 Trial siciere’ is sia cma see