Section 47. Free churches in communion with the Protestant Episcopal church  


Latest version.
  • Whenever  the  trustees  of  any  free  church  in  communion  with  the
      Protestant Episcopal church heretofore or hereafter organized under  the
      provisions  of  article  nine  of  this  act  shall desire to change the
      management of its affairs and the form of government of the  corporation
      by  substituting  a vestry in place of such trustees, such change may be
      made in the following manner: The trustees of  any  free  church  having
      first  obtained  the  written consent of the ecclesiastical authority of
      the diocese to such change may by an affirmative vote of not  less  than
      two-thirds   determine  by  resolution  reciting  the  consent  of  such
      ecclesiastical authority and duly recorded in the minutes of such church
      to change the management of its affairs  by  substituting  a  vestry  in
      place  of  such  trustees  to manage the affairs of such corporation and
      free church with the same powers,  duties  and  privileges  as  are  now
      possessed  and  exercised  by churchwardens and vestrymen in churches of
      the Protestant  Episcopal  church  organized  under  this  article,  but
      subject  to  the  provisions  of section one hundred and eighty-three of
      this chapter and for the  purposes  set  forth  in  the  certificate  of
      incorporation  of  such  free  church  and  for  no other purposes; such
      resolution shall fix the day, either a Sunday or  a  secular  day,  upon
      which  the  annual election shall be held, the number to constitute such
      vestry which shall be two churchwardens and  either  three,  six,  nine,
      twelve, fifteen, eighteen, twenty-one or twenty-four vestrymen as may be
      determined,   and   shall   also   designate  the  persons  to  be  such
      churchwardens, and vestrymen, to act  until  the  annual  election,  and
      copies  of such resolution, together with a statement of the vote of the
      trustees adopting the same certified under the seal of  the  corporation
      and  verified  by the president and secretary thereof, shall be filed in
      the office of the secretary of state and also in the office of the clerk
      of the county in which such church or corporation is located.  Upon  and
      after  the  filing  of such certificate, the churchwardens and vestrymen
      named in said resolution and their successors in office,  together  with
      the rector when there shall thereafter be one, shall form the vestry and
      shall  be  the  vestry  and shall constitute the corporation; and at the
      first annual election the churchwardens and vestrymen shall  be  divided
      into  classes  and  their  respective terms of office fixed and shall be
      elected by the persons qualified  to  vote  for  the  churchwardens  and
      vestrymen  in  churches  or  congregations  of  the Protestant Episcopal
      church and the provisions of this article shall govern such election and
      all future elections and  all  acts  of  such  vestry,  subject  to  the
      provisions of section one hundred and eighty-three of this chapter.