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Affidavit of no

churches, &c.

such case.
R. S. 20, $36.

180.

1853, 256.
19 Pick. 361.
No compensa-

paid at the time, the treasurer shall sell the pew at public auction to the highest bidder, and shall execute and deliver to the purchaser a sufficient deed of conveyance. The money arising from the sale, beyond the taxes and incidental reasonable charges, shall be paid by the treasurer to the former owner of the pew, or to his assigns.

SECT. 34. An affidavit annexed to an original notification or to a made evidence. copy thereof, made before a justice of the peace, and recorded on the R. S. 20, $ 34. proprietors' records within six months next after such sale, shall be

allowed as one mode of proof of the posting up of the notifications

herein before required. Proprietors SECT. 35. Such proprietors, for the purpose of building a new house, may take down or of altering, enlarging, repairing, rebuilding, or removing, their house

already built, may sell their house or take down any pews therein; the Proceedings in

pews taken being first appraised by three or more disinterested persons

chosen by the proprietors for that purpose. The pews newly erected 4 N. Hamp. R. shall be sold by their treasurer at public auction to the highest bidder

, and deeds thereof given in like manner as when pews are sold for the payment of taxes. The money arising from such sale shall be applied, so far as may be necessary, to paying the appraised value of the pews taken down; and the deficiency, if any, shall be paid by the proprietors

of such house, within thirty days after the sale. Parishes, &c., Sect. 36. Under the regulations of the preceding section, a parish may sell house, or religious society, whenever it deems it necessary for the purpose of R. S. 20, $ 37. building a new house or of altering, enlarging, removing, or rebuilding,

its house already built, may take down any pews therein or sell the house.

Sect. 37. Nothing contained in the two preceding sections shall ention in cases &c. title a person to compensation for a pew so taken down, when such house

is unfit for the purposes of public worship.

Sect. 38. Pews shall be personal estate. But thiş provision shall

not affect any existing right of dower. Pews personal

SECT. 39. "Corporations for religious purposes may assess upon the pews

in a church or meeting-house which they have erected or procured for 1855, 12:41, 2. public worship since the twenty-fifth day of March eighteen hundred

and forty-five, according to a valuation of said pews which shall first be be assessed,

agreed upon and recorded by the clerk, sums of money for the support 1845, 213, $ 1. of public worship and other parochial charges, and for the repairs of the

house. Such assessments may be collected in the manner provided in sections thirty-two and thirty-three.

Sect. 40. 'A corporation which had erected or procured such house churches, &c.

prior to the twenty-fifth day of March, eighteen hundred and forty-five, 1857, 258, 1. may avail itself of the provisions of the preceding section, if the con

sent of all the pew owners is obtained, or two-thirds of the members present and voting at a regular meeting called for that purpose so determine.

SECT. 41. A religious society which votes to avail itself of the certain cases at an provisions of section thirty-nine, shall, upon the application of a appraisal.

person owning one or more pews in its house, within one year after said 1857, 258, $ 2.

vote, purchase the same at the appraised value. Such appraisal shall be made by three disinterested persons who may be chosen, one by the pew owner, one by the society, and the third by the two persons

thus chosen. Societies com- Sect. 42. Any religious society complying with the requisitions of plying with preceding sec

the two preceding sections, shall be entitled to the privileges and subtions to have ject to the liabilities incident to those religious societies which have powers, &c. 1851, 258, 93.

erected or procured a meeting-house for public worship since the twentyfifth day of March in the year eighteen hundred and forty-five.

Sect. 43. The trustees of any society of the Methodist Episcopal Episcopal socie

Church, or of the African Methodist Episcopal Church, appointed acties may organ- cording to the discipline or usages thereof respectively or as such

17 Mass. 435.
1 Pick. 102.
3 Pick. 344.
7 Pick. 138.
9 Cush. 508.

estate, &c.

churches may

&c.

in other

1852, 319, $1.

1 Cush. 149.

to be pur

Trustees of
Methodist

Annual income

society chooses, may organize and become a corporation with powers, ize and become privileges, duties, and liabilities, of chapter sixty-eight, subject how- corporations. ever to account to the quarterly meeting of such society according to 1857, 48, $1. such discipline and usages. But all powers derived from such organi- See $ 46. zation may be revoked by the legislature.

Sect. 41. Such trustees may receive, hold, and manage, all the prop- Powers of truserty, both real and personal, belonging to such society, and sell and toes convey the same, and hold in trust gifts, grants, bequests, or donations, not to exceed made to such society for the support of public worship and other reli- 1817, 280, $ 2. gious purposes : provided, that the annual income thereof, exclusive of 1867, 48, '$ 2. the meeting-house, shall not exceed four thousand dollars.

SECT. 45. The first meeting of such trustees may be called by a First meeting, justice of the peace upon the application of three or more of the trus- how called. Or. tees; at which they may choose a secretary and other officers. The Secretary to be provisions of this chapter in relation to the warning and organization of 1849, 280, $ 3. meetings of religious societies shall, so far as the same are applicable, be in force in regard to meetings for the organization of such trustees. The secretary, before entering upon the duties of his office, shall be sworn to the faithful discharge of the same, and a record of such oath shall be kept in the records of their proceedings.

Sect. 46. An attested copy of the record of the proceedings at such copy of record organization shall be left with the town or city clerk, and recorded of to be left within the time and in the manner prescribed in section twenty-nine. clerk, or organ, If the secretary omits to leave such copy within the time specified the void. organization shall be void.

1847, 280, $ 4.

CHAPTER 31.

OF DONATIONS AND CONVEYANCES FOR PIOUS AND CHARITABLE USES.

SECTION

SECTION 1. Deacons, church wardens, &c., made bodies 6. Churches, except, &c., may appoint comcorporate to take donations.

mittees to settle with deacons. 2. When ministers, elders, &c., are joined in 7. Income of such bodies corporate limited.

such donation, they shall be joined in the 8. Overseers of monthly meetings of Friends body corporate.

or Quakers to hold lands, &c., as a corpora3. Ministers of all churches may take in suc- tion. Income limited. cession any parsonage land.

9. Trustees who hold funds given to towns 4. No conveyance of church land valid with

for charitable, &c., purposes, to report to out consent of chureh, &c.

selectmen. 6. Conveyance by minister to be valid only 10. Probate court may remove trustee.

during his ministry, unless, &c.

SECTION 1. The deacons, church wardens, or other similar officers, of Deacons,&c., all churches or religious societies, if citizens of this commonwealth, shall bades corpobe deemed bodies corporate, for the purpose of taking and holding in B. 5. 20, $ 39. succession all grants and donations, whether of real or personal estate, iz Met. 250. made either to them and their successors, or to their respective churches, 1 Cush: 281. or to the poor of their churches.

Sect. 2. When the ministers, elders, or vestry, of a church are, in the Ministers,&c., grants or donations mentioned in the preceding section, joined with such in certain cases deacons or church wardens as donees or grantees, such officers and their body corporate

. successors, together with the deacons or church wardens, shall be deemed 12 Met. '260. the corporation for the purposes of such grants and donations.

Sect. 3. The minister of every church or religious society of what- Ministers may ever denomination, if a citizen of this commo

nonwealth, shall be capable bion, &c. of taking in succession any parsonage land granted to the minister and R.8.20, 641. his successors, or to the use of the ministers, or granted by any words of

4 Cush. 281.

10 Mass. 93.

15 Mags. 464. 6 Greenl. 355.

same.

when to be
valid.
R. S. 20, § 43.
2 Mass. 500.
14 Mass. 333.

cons.

9 Cush. 183.

Income of such bodies corpo rate limited.

like import; and may prosecute and defend in all actions touching the Conveyance of Sect. 4. No conveyance of the lands of a church shall be effectual when not valid. to pass the same, if made by the deacons without the consent of the R. S. 20, $ 12. church, or of a committee of the church appointed for that purpose, or

if made by the church wardens without the consent of the vestry. by minister, Sect. 5. No conveyance by a minister of lands held by him in suc

cession, shall be valid any longer than he continues to be such minister, unless such conveyance is made with the consent of the town, parish, or religious society, of which he is minister, or unless he is the minister of an episcopal church and makes the conveyance with the consent of the

vestry. Committees to Sect. 6. The several churches, other than those of the episcopal settle with dea- denomination, may choose committees for the purpose of settling the R. S. 20, $ 44. accounts of the deacons and other church officers, and, if necessary, to

commence and prosecute suits in the name of the church against the deacons or other officers touching the same.

Sect. 7. The income of such grant or donation made to or for the

use of a church, shall not exceed the sum of two thousand dollars a R. S. 20, § 45. year, exclusive of the income of any parsonage lands granted to or for

the use of the ministry. Overseers of Sect. 8. The overseers of each monthly meeting of the people called monthly meet Friends or Quakers shall be a body corporate for the purpose of taking or Quakers, to and holding in succession grants and donations of real or personal estate hold lands, &c., made to the use of such meeting, or to the use of any preparative mees

ing belonging thereto; and may aliene or manage such estate according

to the terms and conditions of the grants and donations, and prosecute /

and defend in any action touching the same: provided, that the income Pof the grants and donations to any one of such meetings for the uses

aforesaid shall not exceed the sum of five thousand dollars a year. Trustees who SECT. 9. All trustees, whether incorporated or not, who hold funds en to towns for given or bequeathed to a city or town for any charitable, religious, or charitable, &c., educational purpose, shall make an annual exhibit of the condition of purposes, to re- such funds to the board of aldermen of the city, or the selectmen of the

town, to which such funds have been given or bequeathed, and all trans1855, 302, § 1.

actions by the trustees concerning such funds shall be open to inspection by the board of aldermen of the city, or selectmen of the town, to which

the returns are made. Probate court Sect. 10. The probate court for the county in which the city or town

is situated to which funds have been given or bequeathed as aforesaid, may 1855, 302, $ 2. on the petition of five persons cite all parties interested to appear before

the court to answer all complaints which may then and there be made; and if a trustee has neglected or refused to render such annual exhibit, or is incapable of discharging the trust reposed, or unsuitable to manage the affairs of the same, the court may remove such trustee and supply

as a corporation. Income limited. R. S. 20, $ 46. 8 Cush. 431.

men,

may remove • trustee.

the vacancy.

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CHAPTER 32.

OF ASSOCIATIONS FOR RELIGIOUS, CHARITABLE, AND EDUCATIONAL

PURPOSES.

SECTION

SECTION 1. Seren or more persons associating for reli- 4. May hold estate not more than $100,000.

gious, &e., purposes, to be body corporate. 5. Estate not exempt from taxation where 2. Purpose and location of corporation to be dividends are made, or estate is used for specified in articles of association.

other purposes. 3. To bare usual corporate powers, &c.

1857, 56, $2.

SECTION 1. Seven or more persons within this state, having associ- Seven or more ated themselves by agreement in writing for educational

, charitable, or persons assor religious purposes, under any name by them assumed, and complying be body corpowith the provisions of this chapter, shall with their successors be and 1857, 56, § 1. remain a body politic and corporate.

SECT. 2. The purpose of such corporation and the place within Purpose and lo which it is established or located shall be distinctly specified in its arti- specified the

in arcles of association; which articles, and all amendments thereto, shall be ticles, recorded in the office of the register of deeds for the county or district wherein such place is situated; and such corporation shall appropriate its funds to no other purpose.

SECT. 3. Corporations organized under this chapter shall have the To have usual powers and privileges, and be subject to the duties, liabilities, and re- corporate powstrictions, set forth in chapter sixty-eight, so far as the same may be 1857, 56, $ 3. applicable.

SECT. 4. Such corporations may hold real and personal estate neces- May hold essary for the purposes of their organization, to an amount not exceeding tate not over, one hundred thousand dollars.

Sect. 5. Their estate shall not be exempted from taxation in any Estate not excase where part of the income or profits of their business is divided empt from taxamong members or stockholders, or where any portion of such estate is used for other used or appropriated for other than educational, charitable, or religious 1857, 66, $ 5. purposes.

1857, 56, $ 4.

CHAPTER 33.

OF PUBLIC LIBRARIES.

LAW LIBRARIES.

TOWN AND CITY LIBRARIES. SECTION

SECTION 1. Law libraries heretofore organized, to exist 8. Towns and cities may establish libraries. under this chapter.

9. may appropriate money, and receive do 2. Attorneys may organize a Law Library As- Vißes, bequests, and donations, for that sociation in any county where none exists.

purpose. 3. First meeting, how called. 4. Officers.

SOCIAL LIBRARIES. 5. Inhabitants of county may use the books under prescribed regulations.

10. Proprietors of library may constitute them6. County treasurer to disburse, not exceed- selves a corporation, &c. ing, &c., to enlarge such libraries.

11. Warning meeting, choice of oicers, &c. 7. Treasurer to give bond and make return 12. Treasurer to give bond. under oath.

13. Assessments.

LAW LIBRARIES. Section 1. Law library associations heretofore organized in any Law libraries. county except Suffolk, shall remain corporations in the same manner as 1817, 152, Ji. if organized under this chapter.

how called.

Officers.
182, 94, $1.

Law Library SECT. 2. The attorneys at law admitted to practice in the courts of
Associations,
where may be

the commonwealth and resident in a county for which there is no law
organized. library association, may organize themselves by the name of the Law
1856, 184.
1859, 196. Library Association for such county; and when so organized shall be a

corporation for the purpose of holding and managing the law library belonging to the county, and may adopt by-laws for that purpose, sub

ject to the approval of the justices of the superior court. First meeting, SECT. 3. The clerk of the courts in any county in which no associa1842, 94, $ 2.

tion has been organized, upon the application of seven attorneys at law 1856, 184. resident therein, may call a meeting for the purpose of such organization 1859, 196.

by posting up notifications thereof in some convenient place in any court-house of the county; which meeting shall be holden during the term of the superior court commencing next after ten days from the time of posting up such notification. The clerk shall preside at such meeting until a clerk of the association is chosen.

SECT. 4. The officers of such association shall be a clerk, treasurer,

and librarian, whose duties shall be defined by the by-laws. Inhabitants of SECT. 5. Every inhabitant of a county in which such association is county may use organized may use the books in the library, subject to such regulations 1812, 94, $ 2. as may be prescribed by the association with the approval of the supe

rior court. County treas- SECT. 6. County treasurers shall annually, on the first day of Janu

ary, pay to the county law library associations in their respective counfor such libra-' ties one-quarter part, not exceeding one thousand dollars, of all sums 1856, 71, $ 1. which said treasurers have received

from the clerks of the courts during the preceding year; and they may also pay such further sums, not exceeding the amount paid into the respective county treasuries by the clerks of the courts, as the county commissioners deem necessary and proper. All sums so paid shall be applied to maintain and enlarge such

libraries for the use of the courts and citizens. Treasurer to SECT. 7. The treasurer of a law library association, before receiving 18562. give, band, &c. said money, shall give a bond with sureties to the satisfaction of the

commissioners for the faithful application thereof, and that he will make a return annually to them, under oath, of the manner in which all such applications are made.

urer to

рау, not

ries.

1859, 172.

Towns and cit

1851, 305, $ 1.

may appro

TOWN AND CITY LIBRARIES. Sect. 8. Each town and city may establish and maintain a public lishmibraries library therein, with or without branches, for the use of the inhabitants

thereof, and provide suitable rooms therefor, under such regulations for its government as may from time to time be prescribed by the inhabitants of the town, or the city council.

Sect. 9. Any town or city may appropriate money for suitable buildpriate money ings or rooms, and for the foundation of such library a sum not exceedvises, &c., for ing one dollar for each of its ratable polls in the year next preceding thai, upore, that in which such appropriation is made; may also appropriate annu

ally, for the maintenance and increase thereof, a sum not exceeding fifty cents for each of its ratable polls in the year next preceding that in which such appropriation is made, and may receive, hold, and manage, any devise, bequest, or donation, for the establishment, increase, or maintenance, of a public library within the same.

and receive de

1859, 25.

res

cheal 1866

SOCIAL LIBRARIES.
Proprietors of

Sect. 10. Seven or more proprietors of a library may form them.
Library may be a selves into a corporation, under such corporate name as they may adopt,
R.S.41, $$ 1,3,6. for the purpose of preserving, enlarging, and using, such library; with

the powers, privileges, duties, and liabilities, of corporations organized

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