purposes not inconsistent with the trust. And such vestry, to more effectually carry out the objects of the trust, may sell, lease or otherwise dispose of their corporate property; and any conveyance thereof by such vestry, or a majority of them, will vest in the purchaser of the same all the right, title and interest thereto; this provision, however, is not to be construed to affect any gift, bequest or devise to such parish, church or congregation, or to the vestry thereof, for its use, nor to defeat the intentions of the grantor, donor or testator. (Ib., Secs. 7 and 8.)

576. The certificate of election of the wardens and vestrymen before mentioned is to have the same force and effect as that of the election of trustees hereinbefore in this chapter stated; and whenever any parish, church or congrega tion, shall have elected a vestry in conformity to the provi sions aforesaid, and the same may have been dissolved by the death, resignation or removal of its members, a majority of the members entitled to vote may, within five years after such dissolution, proceed to elect a new vestry in conformity with the foregoing provisions; and such new vestry, after a record of the election shall have been made as herein required, will possess the same powers, and may do and perform all other acts and things which by the foregoing provisions a vestry may do and perform. (Ib., Secs. 9 and 10.)

§ 577. When the members of two or more churches desire to form a union, and assume a new name, they are authorized so to do by each church appointing three of its members as trustees, who must, within twenty days after their appointment, meet at a time and place agreed upon, and regularly organize by appointing one of their number chairman, and another secretary of their meeting; and, when so organized, they must agree upon the name that the united churches

shall thereafter assume. The secretary must record the proceedings of the meeting in a record to be kept for that purpose, and must, within ten days thereafter, deposit in the recorder's office of the county where said church shall hold its place of worship, a certificate setting forth the names of the old churches that have united, the name of the new church, and the names of the trustees thereof, and the recorder is required to record the same among the records of deeds in his office. (Laws of 1858, Ch. 7, Secs. 1 and 2.)

§ 578. The trustees so appointed will be the trustees of the new church until their successors shall be duly elected and qualified, and will be deemed a body politic and corporate by the name and style of the "Trustees of ——," and by that name will have power to contract and be contracted with, sue and be sued, to receive and dispose of real and personal estate, for the sole use and benefit of such new church, in like manner and with like effect as other persons or corporations. After the certificate is recorded as aforesaid, the trustees of the churches that have united may convey by deed to the trustees of the new church, and their successors in office, all the lands belonging to said old churches, which deeds must be recorded in the recorder's office where the lands are situate; and such old trustees may also deliver to the trustees of the new church all articles of personal property belonging to the old churches; a list of the articles of personal property so delivered must be recorded by the secretary of the new church, in the church record, which articles of personal property and real estate will be held by the trustees of the new church, and their successors in office, for the use and benefit of the new church. (Ib., Secs. 3 and 4.)

579. As soon as the conveyances of the land, and the delivery of the personal property, are made as aforesaid, the

old churches will be dissolved and cease to exist, and all rights, powers, privileges, and liabilities belonging thereto, will vest in and attach to the new church, with full power to the trustees thereof to sue and be sued, the same as the trustees of the old churches could before they ceased to exist; and the new church may establish all necessary bylaws, and make all needful regulations to carry out the objects of its organization; and may appoint or elect a treasurer, and such other officers as it may see fit to carry on its organization. (Ib., Secs. 5, 6 and 7.)

§ 580. A religious society has the undoubted right to prescribe such rules as they may think proper for preserving order, when met for public worship; and they may use the necessary force to remove a person who is disturbing the society by a willful violation of a rule. Persons who do not approve of the rule prescribed have a simple and easy remedy. They can remain away, or retire when informed of the rule. (McLain v. Mattock, 7 Indiana R. 525.)

CHAPTER XXXIX.

THE

RELIGIOUS SOCIETIES IN MICHIGAN HOW ORGANIZED TRUSTEES-THEIR RIGHTS AND POWERS-PROPERTY OF, HOW VESTED AND HOW SOLD-DEVISES TO A RELIGIOUS SOCIETYOLD RELIGIOUS CORPORATIONS CONFIRMED-FORM OF CERTIFICATE OF INCORPORATION-FORM OF PETITION AND ORDER FOR SALE OF REAL ESTATE OF SOCIETY.

§ 581. In the State of Michigan any number of persons of full age, not less than five, who may be desirous of forming themselves into a church, congregation or religious

society, may sign articles of association for that purpose, and assemble together at such place as they may select, and by a plurality of votes, by ballot, elect any number of discreet persons, being laymen, not less than three nor more than nine in number, as trustees, to take charge of the property belonging to, and transact all the affairs relative to the temporalities of such church, congregation or religious society. (1 Compiled Laws of 1857, Ch. 68, Sec. 2.)

§ 582. Any church, congregation or religious society may choose their minister, priest, curate, rector, parson, or officiating clergyman, for the time being, to be the president of their corporation and of their meetings, by a plurality of votes by ballot; and at the first election of trustees every person who shall have signed the articles of association, and at any subsequent elections every person of full age, who has for six months been a stated worshiper with or contributor regularly for one year previous, to the support of such church, congregation or society, will be entitled to vote. (Ib., Sec. 3.)

§ 583. The minister, priest, curate, parson or officiating clergyman of such congregation or society, or if none of them be present, one of the elders or deacons, church wardens or vestrymen thereof, and for want of such officers, any other person, being a member or stated hearer in such church, congregation or society, must publicly notify such congregation of the time when and the place where any election shall be held, at least fifteen days before the day of such election, and such notification must be given for two successive Sabbaths, on which such church, congregation or society statedly meet for public worship, next preceding the election. (Ib., Sec. 4.)

§ 584. Any two of the elders, deacons, church wardens or

vestrymen of such church, congregation or society, or if such officers be not present, then any two voters present, to be nominated by a majority of the voters, will act as inspectors of the election, receive the votes and determine the qualifications of voters; and they are required immediately after the election to certify, under their hands and seals, the names of the persons elected to serve as trustees or vestrymen, in which certificate the name by which the said trustees or vestrymen, and their successors in office, shall forever thereafter be known and called, must be particularly mentioned and specified, and such trustees may in said certificate be denominated vestrymen, or church wardens and vestrymen, executive committee, or any other name stated in the certificate, provided they be elected in the manner provided, and have the powers specified in the act under which they are elected. (Ib., Sec. 5.)

§ 585. The certificate aforesaid must be acknowledged by the persons making the same, or proved by a subscribing witness thereto before some officer authorized to take acknowledgments of deeds and records, and recorded together with the certificate of such acknowledgment or proof, by the clerk of the county within which the church or place of worship of such congregation shall be situated, who is entitled to a fee of seventy-five cents for such recording; and thereafter it is declared that such trustees and their successors shall be a body corporate, by the name expressed in such certificate. (Ib., Sec. 6.)

§ 586. The trustees may have a common seal, and may alter the same at pleasure; and they may take into their possession and custody all the temporalities of such churh, congregation or society, whether the same shall consist of real or personal estate, and whether the same may have been given, granted or devised, directly or indirectly, to such