LAWS RELATING TO RELIGIOUS CORPORATIONS. A COMPILATION OF THE STATUTES OF THE SEVERAL STATES IN THE AND MAINTENANCE OF RELIGIOUS SOCIETIES, AND TO THE DISTURBANCE OF RELIGIOUS MEETINGS. BY REV. SANDFORD HUNT, D.D., AUTHOR OF "HAND-BOOK FOR TRUSTEES." WITH AN ADDRESS ON LAWS AFFECTING RELIGIOUS CORPORATIONS THEOLOGICAL LIBRARY Entered according to Act of Congress, in the year 1876, by NELSON & PHILLIPS, In the Office of the Librarian of Congress at Washington. THE LAW OF RELIGIOUS CORPORATIONS IN NEW YORK.* BY E. L. FANCHER, LL.D. THE 'HE Constitution of the State of New York provides that the free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed in this State to all mankind; and no person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief. But the liberty of conscience thereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this State. A similar provision is contained in the statute of the State known as the Bill of Rights. will thus be apparent that no church can claim exclusive privilege or establishment in New York. The law does not take cognizance of any church in respect of its doctrinal peculiarity, nor does its denominational character affect its civil rights. The courts may, however, inquire into those matters where questions concerning property call for it. It The statutes which regulate the organization and *Substance of a Lecture delivered before the New York District Conference of the Methodist Episcopal Church, March 21, 1876. incorporation of religious societies, and the management of their affairs, have reference alone to their temporal concerns. The General Act for the incorporation of such societies, which was passed in 1813, has been many times since amended, but the prominent features of the original statute are still very perceptible. Although it declares that the trustees shall be a body corporate, a view of the entire act, and the current of authority, as well as the popular opinion, sustains the position that the congregation or society, and not the trustees, are incorporated. The relation which the trustees bear to the corporation is not that of private trustees to the cestuis que trust, but that of directors to a civil corporation. They are the managing officers of the corporation, invested, as to its temporal affairs, with such particular powers as are specified in the statute, and, also, within the sphere of their appropriate duties, with such discretionary powers as may properly be exercised by officers of a civil corporation. Therefore, whatever property is acquired is vested in the corporation aggregate, and not in the trustees. Whatever possession the trustees have of the property, is the possession of the body corporate. Although they are styled trustees, they do not hold the property in trust. Their name is simply the title of their office, and their position is the same as if they had been called directors or managers. Their right to interfere with the property is only an authority, and not an interest, or an estate. Hence, any legal proceedings affecting the property should be conducted in the name of the corporation, and not of the trustees; and any transfers or conveyances, when sanctioned by the court, should be also in the name of the corporation. ance. There is a common mistake of making conveyances to the trustees of the religious corporation; but the word "trustees" should never be used in a conveyThe corporate title of the body corporate should be correctly stated, just as when the conveyance is to an individual his name should be correctly stated. Incorporated religious societies are not regarded as ecclesiastical corporations in the sense of the English law but as civil corporations, governed by the principles of the common and statute law. It was incident at common law to every corporation to have capacity to purchase and alien lands and chattels. Unless restricted by their charters, or by statute, they are endowed with that capacity. But the common-law right of disposition of lands was, as to religious corporations, taken away in England in the time of Elizabeth, and it has never existed in this State since the statute of 1813. The powers granted to trustees by that act are limited; so that no sale of real estate can be made without the order of the chancellor-now of the Supreme Court. In such case, too, when a sale is permitted, the court must direct as to the disposition of the proceeds of sale. The proceeding for a sale should be founded on the vote of the electors, as well as on the action of the trustees. As à mortgage is a conveyance subject to the condition that the debt be paid at a certain day, it is the general opinion that trustees have no right to mortgage the premises of a religious corpo |