Z., of

Special Releases.

and in pursuance of an award made by M. N., O. P. and Q. R., arbitrators between us, the said A. B. and Y. Z., and bearing date the day of

one thousand eight hundred and

do hereby release and forever discharge the said Y. Z., his heirs, executors and administrators, of and from all actions, causes of action, suits, controversies, claims and demands whatsoever, for or by reason of any matter, cause or thing, from the beginning of the world down to [here insert the date of the bonds of arbitration, or of the submission].

IN WITNESS WHEREOF, I have hereunto set my hand and seal, this

day

[As in Form-1227 to the *, continuing by stating the special matter intended-e. g., thus:] by reason of a mortgage made by one M. N. to me, dated the day of

18

upon

lands in

the said Y. Z. having assumed to pay the same.

and by reason of

IN WITNESS [etc., as above].

1231. Release By a Ward on Coming of Age, to His Guardian.

KNOW ALL MEN by these presents, that I, A. B., of

son and heir of by these presents remise, release and forever discharge Y. Z., of , my guardian, of and from all and all manner of actions, suits, accounts, debts, dues and demands whatsoever, which I ever had, now have, or which I or my executors or administrators, at any time hereafter, can or may have, claim or demand against the said Y. Z., his executors or administrators, for, touching or concerning the management and disposition of any of the lands, tenements or hereditaments of the said A. B., situate, etc., or any part thereof, or for or by reason of any money, rents or other profits by him received out of the same, or any payments made thereof, during the minority of the said A. B., or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of the date hereof.

IN WITNESS [etc., as abovo.]

1232. Release By One Partner.(b)

IN CONSIDERATION of the sum of one dollar to me in hand paid by Y. Z., of I do, on behalf of the firm of A. B. & Co., of hereby re

lease, quit-claim and forever discharge the said Y. Z. of and from all his debts, dues, claims and demands which the said firm of A. B. & Co. have against the said Y. Z.

[Date.]

[Signature and seal.]

(b) This form is sustained by Stearns v. Tappin, 5 Denn., 294.

Of Joint Debtor.

Of Lands.

1233. Release of One of Several Partners or Joint Debtors. WHEREAS, the late copartnership firm of Y. Z. & Co., of debted to me, the undersigned A. B., of the city of

in the sum of

dollars [and if the indebtedness is on a judgment of a court of record of this State, add words to this effect, by virtue of a judgment recovered in the Supreme Court of the State of in an action wherein said A. B. was the plaintiff, and the said late firm were defendants]. (c) And whereas such firm has been dissolved: And whereas I have agreed with Y. Z., a member of the said firm, to compound or compromise my claim on him individually in respect of the said indebtedness to me of the said firm, for the sum of dollars: Now KNOW YE, that in consideration of the sum of dollars to me, the said A. B., paid by the said Y. Z., at or before the time of subscribing this release, I, the said A. B., do hereby, according to the statute in such case made, release, acquit and forever discharge, the said Y. Z. and his estate of and from all individual liability, claim and demand whatsoever, for or in respect of the said indebtedness to me of the said late firm: Provided, however, that this present release is made pursuant to an act entitled, “An Act for the relief of partners and joint debtors," passed April 18, 1838, and shall have no greater or other effect than as by the said act and by this release is provided. WITNESS my hand, this

day of

18

[Signature and seal.]

1234. Release of Lands from the Lien of a Judgment.

IN CONSIDERATION of

dollars to me in hand paid, I do hereby release and discharge the lands and premises hereafter described, from all claim, interest and lien, which I may have by virtue of the above-mentioned judgment, and any proceedings thereupon. [Description.] WITNESS my hand and seal, this day of

18

[Signature and seal.]

[Acknowledgment or proof, as in case of a deed.]

1235. Release of Lands from a Legacy Charged Thereupon by Will.

THIS INDENTURE, made the day of

between A. B., of etc. (releasor), of the one part, and C. D., of etc. (releasee), of the other part: Whereas S. H., late of, etc., duly made and executed his last will and testament, in writing, dated the day of and thereby (amongst other

(c) If the indebtedness is on a judgment, the release should be acknow

ledged and filed with the clerk of the court in which the judgment was obtained.

Releases.

Religious Corporations.

things) he gave and bequeathed the sum of dollars to the said A. B., and directed that the same should be charged on, and be payable primarily out of his real estate, and the said testator by his said will gave and devised all his real estate so charged as aforesaid unto the said C. D., his heirs and assigns, forever, and said testator having died, and his will having been proved: And whereas [here state the consideration for giving the release]: NOW THIS INDENTURE WITNESSETH, that, in pursuance of the said agreement, and in consideration of the sum of dollars to the said A. B. paid by the said C. D., on or before the execution of these presents (the receipt whereof he, the said A. B., doth hereby acknowledge), he, the said A. B., doth hereby release, exonerate and forever discharge the said C. D., his heirs, executors, administrators and assigns, and every of them, and also all and every the lands, tenements, hereditaments and real estate, by the said will of the said S. H. charged with the payment of the said legacy of dollars, and all interest on account thereof, and all claims and demands for or in respect of the same. And he covenants with said C. D., that he has not done any act whereby he is prevented from releasing the said sum of dollars.

IN WITNESS [etc., as above.]

CHAPTER LXXX.

RELIGIOUS CORPORATIONS.

By the laws of the State of New York, and those of some other States, any Church or Congregation may become incorporated by complying with certain requirements of the statute.(a)

The following forms are agreeable to the laws of New York; and will serve as guides in proceedings under the statutes of other states.

1236. Certificate of incorporation or religious society.

1237. The same; in the case of a Protestant Episcopal Church.

1238. Certificate of election........

1239. Triennial report of a religious corporation....

686

€87

633

688

1240. Petition of trustees for leave to sell or mortgage real property of the society. 639 1241. Order for leave to mortgage or sell...........

639

1236. Certificate of Incorporation of a Religious Society. We, the undersigned, two of the elders [or, church wardens] of the church [or, two of the members of the church, or, of the congregation, or, society] hereafter mentioned, hereby certify, that, on the day of

18 at a meeting of the male persons of full age, belonging to the church [or, congregation, or, society], for the purpose of incorporating the

(a) 3 Rev. Stat. of N. Y., 292; Ib., 5 ed., vol. ii., p. 604,

Incorporating.

same, which meeting was held at in the house where they statedly
assemble for divine worship, and pursuant to notice duly given, upon the
day of and the day of
at the stated meetings of said
congregation for public worship, by M. N., the minister [or, in the absence
of the minister, by M. N., one of the elders, or, other officer or member
according to the statute] of said church, the undersigned were nominated
by a majority of the members present as returning officers; and that said
male members did then and there elect, by plurality of voices [naming the
trustees, not less than three, nor more than nine], as trustees of the said
church, congregation or society; and the said persons did then and there
also determine by the like plurality of voices, that the said trustees and
their successors should forever hereafter be called and known by the name
or title of [here designate title].

IN WITNESS WHEREOF, we have affixed our hands and seals, at

this

[Signatures and seals.]

presence of

[Signature of witness.]

1237. The Same; In the Case of a Protestant Episcopal Church.

day of Church in

in

We, the undersigned, do hereby certify, that on the
the year 18 the male persons of full age of the
[or, of a congregation] worshipping in [here designate place of worship], in
the town of
in the county of
and State of New York, in
communion with the Protestant Episcopal Church in the State of New
York, who were duly qualified under the statute, and were not heretofore
incorporated, met at their place of worship aforesaid, for the purpose of
incorporating themselves as a religious society, under the acts of the Legis-
lature of the State of New York, and in pursuance of notice duly given to
the said congregation, in the time of morning service, on two Sundays pre-
vious to such meeting, that the male persons of full age belonging to said
congregation would meet at the time and place aforesaid, for the pur-
pose of incorporating themselves, and of electing
churchwardens

and
vestrymen. And we further certify, that the Reverend A. B.,
being rector of said church, presided at the said meeting [or, if there be no
rector, say: there being no rector of the said congregation, or, church, the
undersigned C. D. was, by a majority of the said persons so met, called to
the chair, and presided at the said meeting]. And we further certify, that
at the said meeting [names] were duly elected churchwardens of the said
congregation and church, and [names] were duly elected vestrymen; that

day in Easter week was, by the said meeting, fixed on as the day on which the said offices of churchwardens and vestrymen should annually thereafter cease, and their successors in office be chosen; and that the said meeting determined and declared that the said church and congregation should be known in law by the name of [here state it].

IN WITNESS WHEREOF, we, the said A. B. [rector], who presided at the said election of wardens and vestrymen, and C. D. and E. F., who were present

Religious Corporations.

and witnessed the proceedings aforesaid, have hereunto subscribed our

We, the undersigned, two of the elders [or, churchwardens-or, members]

of the

Society, hereby certify, that on the

day of

, in the church at a meeting of the said society was held, pursuant to notice duly given by A. B., the minister of said church [or, one of the elders, or other officer, of said church, in the absence of the minister], for the purpose of electing trustees to fill the vacancies occurring by the expiration

and

on the day of

of the terms of office of . That at said meeting the undersigned were nominated by a majority of the members present, as returning officers; and that the male members of said society of lawful age, and duly qualified under the statute, then present, did by a plurality of voices elect [here insert names] as trustees of said society, to fill said vacancies.

IN WITNESS [etc., as in Form 1236].

To the Hon.

1239. Triennial Report of a Religious Corporation.

New York:

one of the judges of the Supreme Court of the State of

The undersigned, the rector, church wardens and vestrymen of St. Mark's Church [or, the trustees of the

tion, in the city of

Society of

], a religious corporain said State, respectfully report, that the following is a faithful, true and correct account and inventory of all the estate, both real and personal, belonging to said church [or, congregation—or, society] at the time of making this report-to wit:

on

The church edifice, and the lot on which the same stands, known as [etc.] street, in said city of and valued at dollars.

[Insert in the same way all the items of real and personal estate.] And the undersigned further report that the following is a just and correct account of the annual revenue arising from the real and personal estate aforesaid, from the day of

day of

to wit [insert here the revenue for each year separately].

[Signatures.]

[Here insert names of signers], being duly sworn, each for himself deposes and says, that he has read [or, heard read] the foregoing report by him signed, and that the same is in all respects faithful, just and true, to the best of his knowledge and belief.

SWORN [etc., as in Form 1115].

[Signatures.]