Page images

corded against the trustees or any committee of such society or congregation, in their individual capacity, or otherwise, for labor performed, materials furnished, or damages sustained, under any contract with them for the erection of any church edifice or other building or improvement made thereon. 79 O. L. 14.

$ 3787. When and how property of extinct corporations

may be sold 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 belonged, make an order for the sale of such property, whether the same has been built upon, or otherwise improved, 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 restrict, the powers conferred by the two preceding sections upon such trustees. 74 v. IIO, S 2.

$ 3787a. Trustees of extinct parish, congregations, etc.

Duty as to money received from sale of

propertyAll money derived from the sale of any property under the provisions of original section and section thirty-seven hundred and eighty-seven shall be placed in the custody of the trustees of the presbytery, synod, conference, diocese, or other ecclesiastical 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 denomination. If within that time another parish, congregation, or society of the same denomination shall be organized 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 0. L. 133.

$ 3787b. Funds arising from such sale to be under con

trol of presbytery, synod, etc. Be it 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 authorizing 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 otherwise, necessary to obtain possession of such money.

86 0. L. 133.

$ 3788. Who to be parties to proceedings for sale

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, S 3.

$ 3789. How printing and publishing houses incorporated

When a conference, presbytery, assembly, association, or other general ecclesiastical body held in the United States, elects, in conformity with the rules and regulations prescribed by such body, any number of persons, not less than three, as trustees or directors of a printing and publishing 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 is to be known, signed by the clerk, 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. 43, § 1.

$ 3790. Expired corporations may have benefit of last

sectionAny corporation which has heretofore been established by special act of the legislature for the purpose named in the preceding section, and whose charter has expired, or hereafter expires, may be renewed by a compliance 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 belonging 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 established.

68 v.

43, $ 2.

$ 3791. Fiscal trustees of women's benevolent associa

tionsAny benevolent or charitable association incorporated 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 endowment 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 common pleas of the county where such association is located, one by the probate court of such county, and one by the vote of the 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 appointed, who shall hold their office respectively for one, two and three years; they shall meet in the presence of the probate judge, and, by agreement, or by lot if they cannot 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 not be appointed except upon the written request of the association, filed in the probate court, in accordance with the resolution adopted by the association, at a regular meeting thereof, duly convoked, and until such appointment the association, 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 bylaws, determine. 75 v. 524, § 1.

$ 3792. Powers and duties of fiscal trustees

The trustees shall have the exclusive right, power, and authority, in the name, and behalf of such association, 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 benefit 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 income, to the proper board of trustees, managers or directors of the association, and shall collect at such times, and pay over to them or their order, all the net income of 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 association, contract and be contracted with, prosecute and defend 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 endowment; 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 anything but their own acts or negligeuce. 61 v. 87, § 2; S. & S. 52. $ 3793. Other associations may accept these provisions

Any benevolent or charitable association hereafter 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 incorporation, and any such association now incorporated, by or under any general or special law, may accept such provisions, 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, S 3; S. & S. 52.

$ 3793a. Consolidation of charitable or benevolent associ

ations, etc.When two or more charitable or benevolent associations, societies or organizations now or hereafter formed or incorporated by or under any law of this state for charitable or benevolent purposes, desire to be consolidated or united as a single corporation, or when two or more charitable or benevolent associations, societies or organizations, one or more of which is, or may hereafter be, incorporated under the law of this state for charitable or benevolent purposes, desire to be consolidated or united as a single corporation, the trustees, directors, or other known and legal representatives, or governing body or bodies, of such associations, societies or organizations may enter into an agreement for such union or consolidation and prescribe the terms and conditions thereof, the corporate name of such united association, society or organization, which may be the name of either one of them, or an entirely new name, the time and place for the first meeting of the new corporation, the number of members of one or more or of each separate branch or organization who shall be chosen as directors, trustees, or other officers of the new corporation to succeed to the rights, trusts, duties and obligations of those officers who in either or any of the separate organizations held in trust the estate, real and personal, of such separate association, society or organization, 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 of said associations, societies or organizations, of which due and full notice has been given according to the form and usage for calling meetings of each of said associations, societies or organizations, and ratified by a twothirds vote of all the members present at such meeting, in person or by proxy, and entitled to vote according to the laws, regulations or usages of such associations, societies, organizations, or corporations, respectively. 93 v. 136.

$ 3793b. Ratification of agreement

When such agreement has been ratified by each association, society, organization or corporation which is a party to the proposed united organization, the clerk or secretary of each meeting shall certify the record of the proceedings thereof, and deliver

« PreviousContinue »