Abbildungen der Seite
PDF
EPUB

CHAPTER 18.

OF PARISHES AND MINISTERIAL LANDS.

SECT. I. Mode of calling a meeting, to SECT. 18. Membership of local parishes, not

form a parish.

2. Organization: name: declared a
parish.

3. Power to hold property, and es-
tablish by laws.

4. Annual and other meetings: offi

cers.

5. Powers of moderator.

6. When meetings may be called.
7. How called, if assessors refuse.
8. For what purposes parishes may
raise money.

9. How assessed on pews.
10. Payment enforced by sale of pews.
11. Owner may direct, as to appro-
priation of his pew tax.

12. Manner of admission to a parish. 13. Membership of local parishes, deriving funds from the state. 14. How to withdraw from a parish. 15. Persons leaving poll parishes, liable for moneys previously raised. 16. No person compelled to belong to a parish.

17. Territorial parishes, not hereby dissolved.

deriving funds from the state.

19. When a parish is set off from a
town, the remainder to constitute
the first parish.

20, 21, 22. Grants and donations to
pious uses, how vested.

23, 24. Power to convey such lands.
25. Limitation, as to amount of such
property.

26. Records of parishes, open to in-
spection.

27. Parishes may appoint their treas-
urer, to collect taxes.

28. May authorize abatements for
prompt payment.

29. Assessors to give a warrant to such
treasurer.

30. Overseers of monthly quaker
meetings, to hold grants as a cor-
poration.

31. To hold grants made to quarterly
quaker meetings.

32. Legislature may modify these pow

ers.

SECTION 1. Any persons, of the age of twenty one years or more, desirous of becoming an incorporated parish or religious society, may apply to a justice of the peace of the county, in which a majority of them reside, who shall issue his warrant to one of them, directing him to notify the other applicants to meet at some proper place, expressed in such warrant; and he shall give notice. of such meeting, seven days at least, before holding the same, by posting a notification thereof on the outer door of the meeting house, or place of public worship, of such society, if any there be, otherwise at such place as the justice may appoint.

[blocks in formation]

ed a parish.

SECT. 2. Such persons, so assembled, may choose a clerk and Organization : other needful parish officers; and shall thereupon become, and are name: declarhereby declared to be, a corporation and body politic; and shall 1821, 135, § 1. bear such name, as they shall assume, and have all the powers inci- 21 Pick. 148. dent to parishes and religious societies.

establish by

SECT. 3. Every parish shall have power to take, by gift or Power to hold purchase, any real or personal estate, until the clear annual income property, and thereof shall amount to three thousand dollars; and, at pleasure, laws. to sell and dispose of the same; and may establish by laws, not 1821, 135, § 2. repugnant to the laws of the state.

officers.

SECT. 4. The annual, or other meetings, of such parish may Annual and be called, by the assessors thereof, to be held at the time and place other meetings: in the town, where they are usually held; and they shall be notified 1821, 135, § 3. in the manner, prescribed in the first section of this chapter, or such 6 Greenl. 448. other manner, as may be agreed on by a vote of the parish; and,

CHAP. 18. being so assembled, the members may choose a clerk, who shall be sworn to the faithful discharge of the duties of his office, and also two or more assessors, a collector, treasurer, standing committee, and any other needful officers.

Powers of moderator.

The assessors shall manage the prudential concerns of the parish, where no other persons are appointed for that purpose, and shall be duly sworn.

SECT. 5. The moderator of any meeting shall have power to 1821, 135, § 4. preserve order, and manage the business, and may administer the oath of office to the clerk and the assessors.

When meetings may be called. 1821, 135, § 5.

How called, if

assessors re

fuse.

SECT. 6. When five members of any parish shall, in writing, request the assessors to call a meeting, or insert any particular article in the warrant for calling a parish meeting, it shall be their duty so to do.

SECT. 7. When assessors unreasonably refuse to call a meeting of the parish, or insert an article requested, as stated in the preced1821, 135, § 5. ing section, any justice of the peace in the county, on the written application of five or more members thereof, may issue his warrant to one of the applicants, who shall notify such meeting, in the manner prescribed in the first section, or the manner agreed on by vote, if any such exists.

For what pur

poses parishes

may raise money.

1821, 135, §6.

1 Mass. 181. 3 Mass. 419.

6 Greenl. 171. 8 Pick. 494.

How assessed on pews.

1821, 135, § 6.

Payment en

forced by sale of pews.

SECT. 8. Every parish may, at a legal meeting, vote and grant such sums of money, as may be necessary, for the support of the public ministry of religion, and for building, repairing or removing houses of public worship, and other necessary parish charges; and such sums may be assessed and collected by the same rules, as

state taxes.

SECT. 9. Where any house of worship belongs to the members of the parish, or where the same and the fee of the land, on which it stands, is vested in trustees, for the use of a parish, such parish may, if they see cause, assess any moneys voted as aforesaid, wholly, or in part, on the pews or seats of individual owners, whether members of such parish or religious society, or not; and they may be present and vote in granting all sums to be assessed on such pews or seats.

SECT. 10. When taxes, so assessed on pews and seats, shall remain unpaid, for six months after the assessment thereof, the 1821, 135, § 6. treasurer shall sell the same at auction, first posting notice of such intended sale at the principal outer door of such house of worship, three weeks before the time of sale, stating the numbers, if any, of the

Owner may direct, as to ap

propriation of

his pew tax. 1821, 135, § 7.

pews or seats, and the amount of the tax due on each; and shall execute and deliver to the purchaser of any pew or seat, a deed thereof; paying over to the owner the overplus, if any, of the money arising from the sale, after deducting the amount of tax and the incidental charges.

SECT. 11. All moneys paid by any person, for the support of public worship, by a tax on any pew or seat, as above mentioned, shall be paid over to such teacher of his own religious sect, as he may designate, he leaving a written notice of such designation with the clerk of such parish, on or before the annual meeting, unless such owner shall use such pew or seat, himself, or by his family, or other person occupying it under him; and it shall be sufficient, that

such teacher be ordained or qualified, according to the usages of his CHAP. 18. particular sect or communion.

parish.

SECT. 12. Any person may become a member of any parish, Manner of ador religious society, now existing, or hereafter created, by being mission to a accepted, as such, by the parish, of which he wishes to become a 1821, 135, § 8. member, at a legal meeting of the same.

from the state.

2 Greenl. 67.

7 Greenl. 411.

How to with

SECT. 13. Any person arriving to the age of twenty one years, Membership of and residing within the limits of any local parish holding funds, deriving funds local parishes, derived from the state, or the commonwealth of Massachusetts, or removing into such parish after being of age, shall be deemed a member thereof, until he voluntarily dissolves the connexion. SECT. 14. Any person may dissolve his connexion with a parish or religious society, by leaving, with the clerk thereof, a certificate parish. of his intention so to do; and he shall thereby cease to be a mem- 1821, 135, § 8. ber of the society, with whose clerk it is left, or liable to pay any part of any future expenses, which may be incurred by such parish or society.

SECT. 15. Every person ceasing to be a member of any parish, except by removal from the limits of a local parish, shall be liable to be taxed for all moneys raised by such parish, before he ceased to be a member of it.

SECT. 16. No person shall be compelled to join, or be classed with, any religious society or parish, without his consent. SECT. 17. No territorial parish shall be dissolved by the provisions of this chapter.

SECT. 18. Any person becoming of age, or moving into the limits of any local parish, not deriving funds from the state, may become a member thereof, by giving notice, in writing, to the clerk thereof, of his intention so to do, within one year after his becoming of age, or removal thereto, as the case may be.

a

SECT. 19. When one or more parishes shall be set off from town, or incorporated, within its limits, in the manner prescribed in this chapter, the remaining part of the town shall constitute the first parish.

draw from a

Persons leaving poll parishes, neys previously

liable for mo

raised.
1821, 135, § 8.
6 Greenl. 264,

448.

No person com-
pelled to belong

to a parish.
1821, 135, § 8.
Territorial par-

ishes, not here

by dissolved.
Membership
of local parish-
es, not deriving
funds from the

state.
When a parish
town, the re-

is set off from a

mainder to constitute the first

parish.

1 Greenl. 208.

nations to pious

uses,

ed.

how vest

1821, 42, § 1,

3 Greenl. 243.

Same subject. 1821, 42, § 1.

SECT. 20. The deacons of all protestant churches, not being episcopal churches, and the church wardens of episcopal churches, 6 Greenl. 355. are, and shall be deemed, so far bodies corporate, as to take in suc- Grants and docession all grants and donations, whether real or personal, made either to their several churches, or to them and their successors. SECT. 21. Whenever the ministers, elders or vestry shall, in such grants or donations, have been joined with such deacons, or church wardens, as donees or grantees in succession, in such cases, such officers and their successors together with the deacons, or church wardens, shall be deemed the corporation for such purposes. SECT. 22. The minister or ministers of every parish, or religious Same subject. society, of every denomination, and the deacons, elders, trustees, 1821, 42, 1. 1821, 135, 10. stewards and other presiding officers of every religious society, or church, having, by its usages, no settled minister, shall be capable of taking in succession any estate, granted to the minister and his successors, or for the use of the ministry, or the poor of the church, and of prosecuting and defending all suits respecting the same. SECT. 23. No alienation of any such estate, by any minister, 1821, 42, § 1.

Power to convey such lands.

CHAP. 18. shall be valid any longer, than during such alienor's continuing in the ministry.

Same subject. 1821, 42, § 1. 1821, 135, § 10.

Limitation, as to amount of

SECT. 24. No alienation of such estate, by such elders, deacons, trustees, stewards or presiding officers, shall be valid any longer, than the continuance in office of such alienors, if made, without consent of the church; or, if made, by church wardens, without the consent of the vestry.

SECT. 25. No minister, deacons, elders, trustees, stewards or presiding officers shall be deemed capable of taking any estate, such property. 1821, 135, § 10. granted as aforesaid, so long as the clear annual income of prior grants to such officers, or to the church, shall be equal to the sum of three thousand dollars.

Records of par

ishes open to 1821, 135, § 9.

inspection.

Parishes may appoint their

treasurer to collect taxes.

SECT. 26. The records of every parish shall be open to the inspection of every member, and to the clerk of every other parish; and each clerk shall furnish attested copies of records, on request, for a reasonable compensation.

SECT. 27. When any parish or religious society, at any legal meeting, shall vote, for any legal purpose, any sum of money, and assess the same on the polls and estates of the members thereof, 1825, 296, § 1. such parish or society may appoint their treasurer, a collector of taxes, with like power as is provided for a treasurer of a town, who has been appointed a collector of said town, according to the provisions contained in the one hundred thirty fourth section of chapter, fourteen.

May authorize abatements for

prompt payment.

1825, 296, § 2.

Assessors to

to such treas

urer.

1825, 296, § 3.

Overseers of

monthly quaker

meetings, to hold grants, as

a corporation.

SECT. 28. Such parish or society may, by vote, authorize similar abatements upon taxes to be paid to such collector and treasurer, or his deputy, within such periods, as the parish or society may, in legal meeting, establish; and the treasurer shall give like public notice of the parish votes; and such taxes, as shall not be paid within the periods above mentioned, or others agreed upon, shall be collected by the treasurer, in the same way, as town taxes in such circumstances.

SECT. 29. The assessors, who shall regulate the collection of give a warrant their taxes agreeably to the provisions of this act, shall deposit the same in the hands of the treasurer and collector, for collection, with a warrant for that purpose, after he shall have been duly qualified. SECT. 30. The overseers of each monthly meeting of the people, called quakers, shall be deemed so far a body corporate, as to take and hold, in succession, all grants and donations of estate, real, personal or mixed, made, or hereafter to be made, to their respective monthly meetings, or to their preparative meetings constituting the same, or to either of them, to said overseers, or to the use of any of said meetings, or to the poor thereof; and to aliene, or manage, the same according to the terms and conditions, on which the same may have been made; and in the name of said overseers, for the time being, to prosecute or sue for any right, that may have vested in said overseers, the poor of said meetings, or in any of said meetings, in consequence of such grant or donation.

1825, 298, § 1.

To hold grants,

made to quarterly quaker meetings.

1825, 298, § 2.

SECT. 31. Such overseers may also take and hold, as a corporation, in succession, all grants and donations of real estate, situate within the territorial limits of their respective monthly meetings, and all grants and donations of personal estate made by any person,

dwelling within such bounds, made or hereafter to be made, to any of the quarterly meetings of said quakers, to said overseers for their use, or to the use of any of said quarterly meetings, or to the poor thereof; and to aliene and manage the same, according to the conditions, in [on] which the same may have been made; and sue for any right, that may have vested in any of the before named grantees or donees; provided, that the income thereof, to any one of such meetings, for the uses aforesaid, shall not exceed five thousand dollars per annum.

СНАР. 18.

SECT. 32. The powers, granted in the two preceding sections, Legislature may be enlarged, restrained or repealed, at the pleasure of the may modify these powers. legislature. 1825, 298, § 3.

CHAPTER 19.

OF MEETING HOUSES.

SECT. 1. Persons may incorporate them- SECT. 6. Manner of organizing and becoming

[blocks in formation]

incorporate

SECTION 1. Any number of individuals may incorporate them- Persons may selves, for the purpose of erecting a meeting house, in the same themselves, to manner, and with the same effect, as parishes may by law incor- build a meeting porate themselves; and may choose all officers, and do all those 1828, 377. acts, which a parish may do, in the exercise of its lawful authority.

house.

meeting house

for repairing or

SECT. 2. The owners of any meeting house, not constituting a Owners of a parish, shall have power to incorporate themselves, for the purpose may incorpoof repairing, enlarging and removing the same, in like manner as rate themselves, parishes may incorporate themselves; and may choose officers, raise enlarging it. and assess taxes for the sole purposes aforesaid, and may do all those 1834, 128. things, which a parish can, in virtue of the authority legally vested

in them.

3 Pick. 344.

cupied houses

ized to sell

SECT. 3. When any meeting house becomes decayed, or remains Owners of deunoccupied for two years, the owners thereof, having so determined cayed or unocat any legal meeting, may apply to the district court for leave to may be authorsell the same, with, or without, the land belonging thereto; and the them. judge, after giving such public notice, as in his opinion the case 1834, 128. may require, at his discretion, may order the same to be sold at auction, by such agent as he may appoint, and on such notice, as is

« ZurückWeiter »