Damages may be tice of the peace. SECT. 198. In case the amount of damages, occasioned by any assessed by jus- animal so seized, cannot be agreed upon by and between the parties, said damages, on the application of either party, may be assessed by any justice of the peace qualified to judge between the parties, notice in writing having first been served on the adverse party, by some proper officer or indifferent person, at least one day before the hearing; and said justice of the peace shall tax the cost of said hearing, as in civil actions, and, unless paid, may issue execution Animals may be replevied cuing. 1865 therefor. SECT. 199. The writ of replevin to recover cattle or other animals, seized under the provisions of the one hundred and ninetythird section, shall be allowed in the same manner and to the same extent, as is provided for in case of cattle and other animals impounded. SECT. 200. Every person who shall rescue any creature, seized Penalty for res and taken into custody, under the provisions of the one hundred and ninety-third section of this act, out of the hands or custody of the person thus having seized or taken it, shall forfeit the sum of seven dollars, one half of which forfeiture shall be to the use of him who shall prosecute to effect, and the other half to the treasury of the town where the offense is committed; and he shall also pay to the party injured all the damages he shall sustain by such rescue; and when such rescue is effected by the children or servants of the owner of the creatures, such owner shall pay all the damages and forfeitures in the same manner as if done by himself. CHAPTER IV. OF ECCLESIASTICAL SOCIETIES, AND CERTAIN RELIGIOUS General rights societies for re SECT. 201. All societies and congregations, instituted for public and powers of religious worship, which have been incorporated by law, in local ligious worship. limits or otherwise, or formed by voluntary association, shall hold, possess, and enjoy, all real and personal property, all public buildings and funds belonging to such societies and congregations, ap propriated to the use and support of public worship, and shall have power to take care of, manage, and apply the same to such purpose, and shall be capable to receive any grants or donations, and by voluntary agreement to establish funds for the same object.* SECT. 202. Christians of every denomination, not belonging to any particular society or congregation, shall have power to unite *Towns which are not divided into societies are a corporation for the purpose of supporting public religious worship, and may hold property for that purpose in the name of the town. Huntington v. Carpenter, Kirby, 45; Merwin v. Camp, 3 C. R. 35. For various points concerning the liability of a society for the salary of its minister, see Whitney v. Brooklyn, 5 Č. R. 405. Name of corporation formed under this act change will not affect identity of corporation. C. R. 125. may be changed at pleasure, and such Wardens of Trinity Church . Hall, 22 formed. and form societies or congregations, in such manner as they may How new societhink proper, and when so associated, such societies or congregations ties may be shall have all the rights, powers, and privileges, given by this act to religious societies and congregations. extended to SECT. 203. Jews who may desire to unite, and form religious Society privileges societies, shall have the same rights, powers, and privileges, as Jews. are given to Christians of every denomination by the laws of the state. may become a SECT. 204. Whenever any person shall desire to join any reli- How any person gious society or congregation, which has been or shall be incorpo- member of a rerated by law, or formed by voluntary association, he may lodge ligious society. with the clerk of the same, or if there be no clerk, with any other officer thereof, a written declaration, subscribed by himself, expressing his desire and intention of becoming a member of such society or congregation, and thereupon he shall become a member thereof, entitled to all the privileges, and liable to all the duties of a member, unless a majority shall, at their next lawful meeting, manifest their dissent thereto. SECT. 205. The members of the several religious societies and Annual meetings, congregations may annually meet some time in the month of De- and how warned. cember, or at any other time they shall judge convenient, at the usual place of holding meetings, or at such place as they shall establish, upon warning and notice given, at least five days before such meeting, by the committee of the society or congregation, or, if there be no committee, by the clerk, and if there be no clerk, by a warrant from a justice of the peace, upon application of five or more members of the society or congregation. A special meeting 1846. of any religious society or congregation shall be warned by the Special meetings, committee of such society, or, if there be no committee, by the warned. clerk, at any time when application in writing for that purpose is made to such committee or clerk, by twenty members of such society or congregation. And when the members of any such society or congregation shall not exceed twenty-five in number, a special meeting shall be warned by the committee, or, if there be no committee, by the clerk of such society, at any time when application for that purpose is made in writing to such committee or clerk, by five nembers of such society or congregation.* how and when ties, how appoint SECT. 206. The members of such societies and congregations, Officers of socieJeing lawfully assembled, shall have power at their annual meetings ed, and their du to appoint a clerk, who shall take the oath provided by law, and ties. shall make entries of all the votes and proceedings of the society or congregation, a copy of which, attested by him, shall be legal evidence in all courts; and he shall continue in office until another shall be chosen and sworn in his room; to appoint three or more of their members to be a committee to order the affairs of the society for the year ensuing, who shall adjust and settle all the claims on the society or congregation, and draw orders on the treasurer for the payment of the same; and to appoint a treasurer, who shall receive all the money belonging to the society or congregation, and pay over the same to the order of the society or congregation, and render his account therefor when required.† *A vote of a society to hold its annual meetings on a certain day in each year will not dispense with a warning by its committee, if such society has a committee. Hicock . Hoskins, 4 Day, 62; Congregational Society of Bethany v. Sperry, 10 C. R. 200. Committee may hold until others are chosen. Congregational Society of Bethany Vacancy, how supplied. Powers of re ligious societies. Location of how made. SECT. 207. Upon the refusal, death or removal of any officer of a society or congregation, a meeting may be called in the manner prescribed by law, and the vacant place supplied by a new choice. SECT. 208. The members of religious societies and congregations may hold meetings when their concerns render it necessary, and may adjourn the same from time to time, and in their lawful meetings may, by a major vote, settle ministers according to the usage of the denomination of Christians to which they belong, repair their houses of worship, make such regulations for the support of religious worship as they may think proper, establish the times and places of holding their meetings, and the mode of warning them, and appoint committees, or agents, to carry into effect the votes and orders of the society or congregation, as may be necessary.* SECT. 209. Any society or congregation may, by a vote of twomeeting house, thirds of the members present, agree to build a new house of wor ship, and to establish the place where it shall be erected; or, if they judge it expedient, may apply to the superior court in the county where such society or congregation is situated, to establish the place; and such superior court, after hearing all parties concerned, may establish the place where such house of worship shall be erected, and it shall not then be lawful to erect it in any other place. Taxes, how laid and collected. be SECT. 210. All societies and congregations of Christians may, by a major vote of the members present, at their annual meeting, lay a tax on the members of such society only, to build and repair houses of worship, to provide for the annual support of the ministry, and to defray any other expense necessarily incurred in the proper business of such society or congregation, which tax may laid on the assessment list last made out according to law, or on the assessment list which shall next thereafter be completed by the assessors and board of relief, and shall be payable in one year after the same is granted, and may appoint a collector, or collectors, to collect the same; and every collector who shall refuse to serve shall forfeit the sum of five dollars to the treasury of the society or congregation, to be recovered by an action brought in the name of the treasurer. And the committee of such society or congregation shall make out a rate-bill against the members, containing the proportion of tax for each member to pay, according to the assessment list on Distress against which the same shall have been laid, and shall apply to a justice of negligent collec- the peace of the county for a warrant, directed to the collector, or tors. collectors, appointed to collect such tax, authorizing and requiring him, or them, to levy and collect the same. And such collector, or collectors, shall collect such tax, and pay over the same to the treasurer of the society or congregation; and if he, or they, shall fail or neglect to collect it by the time appointed, the committee of the society or congregation shall take out a distress, signed by a justice. of the peace, against such negligent collector, or collectors, directed to the sheriff of the county, or to a constable of the town, commanding him to collect such part of the tax as remains due and un v. Sperry, 10 C. R. 200. What is a proper attestation of a writing by the clerk. Price v. Lyon, 14 C. R. 279. Bond to committee how sued. Bailey v. Lewis, 3 Day, 450. *For discussion of former statute relating to settlement of ministers, and construction of the term "settle," as used in said statute, see Whitney v. Brooklyn, 5 C. R. paid, from said collector or collectors, and to pay it over to the treasurer of such society or congregation.* voting without SECT. 211. The lawful members of each society or congregation, Right of voting of the age of twenty-one years, shall have a right to vote in the and penalty for meetings of the same; and if any person, not a member of the soci- right. ety or congregation, shall intermeddle or vote in any meeting thereof, he shall forfeit the sum of two dollars and fifty cents for every such offense, one half to him who shall sue therefor and prosecute his suit to effect, and the other half to the treasury of the society or congregation where the offense is committed.t for supporting SECT. 212. Every society or congregation shall have power to Power to provide provide for the support of public worship by the rent or sale of the public worship. pews or slips in the meeting-house, by the establishment of funds, or in any other mode it may judge expedient. 1847. Pews and slips may be assessed and sold. SECT. 213. All societies and congregations instituted for public religious worship, which have been or may be legally formed, shall have power to provide for the support of public worship, in whole by committee or in part, by an assessment on the pews or slips of their respective churches or houses of public worship, said assessment to be made by the society's committee, or such other persons as may be appointed by vote of the society. And the payment of such assessment may be enforced by the sale of the use of such slip or pew for such time as may be necessary, on giving twenty-one days' notice in a paper published in the town where said church is situated, and if no paper is published in said town, then by posting a notice on the door of said church or house of public worship, a copy of which notice shall also be left with the owner of said pew or slip, or at his usual place of abode, if within this state, at least twenty-one days before said sale; but no other estate shall be liable to be taken or forfeited for the payment of such assessment. No such assessment shall be made upon any such pew or slip which is not occupied by its owner, or by some person claiming under such owner, at the stated public religious services in said house; and no such sale shall be made unless the owner of such pew or slip shall refuse to sell the same to the society at the price which such society originally received therefor. Religious socie their proportion SECT. 214. If the owner of any pew, in any meeting house or 1859. church edifice in this state, shall neglect or refuse to pay his equita- ties may recover ble proportion of the expenses of maintaining public worship therein, of pew owners, the religious society or corporation, connected with such meeting- of expenses of house or church edifice, may recover the same of such pew owner, in maintaining pub. any proper action, if the owner of such pew shall have occupied the same, either by himself or by any person under him. lic worship. SECT. 215. Whenever the majority of pew owners, in any meet- Proceedings for ing-house or church edifice in this state, shall desire to sell and appraisal of the transfer to the religious society or corporation connected therewith, when a minority * Persons separating themselves from an ecclesiastical society, must pay the debts of the society incurred before their withdrawal therefrom. Marlborough v. Lord, 1 Root, 325; Lord. Marvin, 1 Root, 330. Members of an ecclesiastical society without local limits, are not individually liable for the debts of such society. Jewett v. Thames Bank, 16 C. R. 511. A vote of an ecclesiastical society prohibiting the sale or conveyance of pews in their meeting-house to any person not a member of such society, or belonging to another denomination of Christians, will render such conveyance void, but will not prevent the descent of such property to the legal heirs of the owner. Price v. Lyon, 14 C. R. 279. An agreement of a society to divert a fund bequeathed to them for the purpose of maintaining a free school, to the support of the ministry, is void. Bailey v. Lewis, & Day, 450. +Illegal voting may not be presented by grand juror. Allen v. Gray, 11 C. R. 30. value of pews, society. of holders refuse their respective pews, to be by such society controlled and rented for to sell or transfer the purpose of supporting public worship in such house, and a minority of the pew-holders refuse to sell their respective pews to such society, or if the society and such minority cannot agree upon the price to be paid for such pews, such society may bring its petition to the superior court, against the person or persons refusing to sell, or failing to agree upon a price to be paid as aforesaid; and if said court shall find that it will be for the convenience and necessity of such society or corporation to own such pews, for the purposes aforesaid, the court shall proceed to ascertain, by a committee or otherwise, the cash value thereof, and may make such order, relative thereto, and to the costs of such proceeding, as shall be deemed just and reasonable; and whenever such society shall have paid to such pew-owners the amount awarded to them respectively, or, on their refusal to accept the same, shall have deposited the same for their use, with the clerk of the court, the title to said pews shall be then vested in said society or corporation. Title to pews, after apprais al. how vested in the society. Estates given for the support of the managed by a committee of the society. SECT. 216. When there are any lands, money, or other estate ministry may be granted, given, or sequestered, according to ancient custom, usage, or practice, or when the same shall be hereafter given, granted, or sequestered, for the use and support of the ministry in any society or congregation in this state, a committee appointed by such society or congregation may demand, recover, and receive, and take care of, all such lands, money or estate, for the use of the ministry, according to the true intent of such grants, donations, and sequestrations, and shall be accountable to such society or congregation for the profits and interest thereof; and the committee aforesaid, or the major part of them, may make all necessary contracts, and commence and prosecute to final judgment any suit which may be necessary for the purpose aforesaid; and such committee, as shall from time to time be appointed in the room of others, removed by death or otherwise, may enforce any contract, and commence and prosecute any suit for the matters aforesaid, as fully as those whom they succeeded in office could have done if not removed. Part of society in some cases, to have the power SECT. 217. When any society is constituted out of two or more adjoining towns, so that part of the society in any such town has of the society. distinct interests in any grants, donations, or sequestrations, for the support of the ministry, such part of the society shall have the same power and authority to manage said interests as is herein given to societies, and may in the same manner warn meetings of such part of a society; may appoint a clerk, who shall be sworn in the same manner and shall have the same power, and may appoint a committee to manage and take care of the interests aforesaid, who shall have the same power and authority as is given to the committees of societies, and shall be accountable for the rents, and profits in the same manner. Grants and leases ecuted. SECT. 218. No grant, sale, or lease, of any pews, in any house of pews, how ex of worship belonging to any religious society in this state, in fee, or for any term of time, exceeding one year, shall be accounted good, and effectual in law to hold such pew against any other person whatsoever but the grantor, lessor, and his heirs, unless such grant or lease be in writing, and subscribed by the grantor or lessor, and attested by two subscribing witnesses, acknowledged before some officer authorized to take the acknowledgment of deeds of To be recorded lands, and recorded at length by the clerk of such society in a book to be kept for that purpose, who shall record the same, and |