Section 17. Property of extinct Free Baptist churches  


Latest version.
  • The property both
      real and personal, belonging to or held in trust for  any  Free  Baptist
      church,  or  Free  Baptist religious society organized under the laws of
      the state of New York, that has become, or shall become  extinct,  shall
      vest  in  and  become  the  property of the Central association existing
      under the laws of the state of New York, and its successors and assigns;
      provided that this section shall not affect the  reversionary  interests
      of  any  person  in such property, nor the interests of any incorporated
      association; and any Free  Baptist  church  or  Free  Baptist  religious
      society  becoming  extinct  or about to disband or disorganize may, by a
      vote of two-thirds of its members  present  and  voting  therefor  at  a
      meeting  regularly  called  for that purpose assign, transfer, grant and
      convey all its temporalities to and place the same in the possession  of
      the  Central  association  existing  under  the laws of the state of New
      York.
        A Free Baptist church or Free  Baptist  religious  society  which  has
      failed  for  two  consecutive  years  next  prior  thereto  to  maintain
      religious services according to the custom and usages  of  Free  Baptist
      churches,  or  has less than thirteen resident attending members, paying
      annual pew rental or making annual contributions  towards  its  support,
      may  be declared extinct in the following manner, viz.: Upon such notice
      as the court may prescribe,  and  upon  application  made  by  petition,
      stating  fully  the  facts  in the case, and on evidence being furnished
      that the said Free Baptist church or Free Baptist religious society  has
      ceased to hold religious services in and use said property for religious
      worship or service for a term of two years previous to such application,
      the supreme court, at a term thereof held in the judicial district where
      such  property  is situated, may grant an order declaring such church or
      society extinct, and thereon direct that all its temporalities shall  be
      transferred  to,  and  thereupon  shall  be  taken  possession of by the
      Central association of the state of New York, or directing that the same
      be sold in the manner directed by said  order,  and  that  the  proceeds
      thereof,  after  the  payment of the debts of such church or society, be
      paid over to the Central association of  the  state  of  New  York.  All
      property  and  proceeds from the sale of property so transferred to said
      association shall be used and applied for the purposes  for  which  said
      Central association of the state of New York was organized and shall not
      be directed to any other purpose.
        The First Free Will Baptist church of the city of New York, located in
      the  borough of Manhattan, shall in no way be amenable to the provisions
      of this section.