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Session Laws, 1838
Volume 598, Page 398   View pdf image
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WILLIAM GRASON, ESQUIRE, GOVERNOR.

1838.

trust; provided however, that the mode of filling a va-
cancy, or vacancies in the board of trustees under the
provisions of the deed creating such trusts, is by nomi-
nation to, and approval by the trustees thereof.

CHAP. 388.

Sec. 5. And be it enacted, That whenever any pro-

perty has been conveyed in trust as aforesaid, and by
the operations of any cause, or causes whatever, the
board of trustees shall have become entirely extinct,
it shall and may be lawful for a new board of trustees

to be created in such manner as is, or may be prescrib-

ed by the discipline and form of church government
to which such property belongs, and said board of

In case trustees

entirely extinct.

trustees when so created, shall be seized and possessed
of the trust property, and clothed with the same pow-
er over it, as if it had been originally conveyed to them
by the deed creating the trust aforesaid.

May be appointed

by the church.

Sec. 6. And be it enacted, That the provisions of
this act shall not extend, in any instance, to any trusts,
as aforesaid, when the right to any of the property
of such trusts may be now contested in any court of
law or equity in this State, until after the termination
of the same, or when the extent, and value of such
property, is greater than can be held by any incorpo-
ration created tinder the act, and the several supple-
ments thereto, of the act to which this is a supple-
ment.

Cases exempt from

this act.

Sec. 7. And be it enacted, That the provisions of
this act shall not extend to any other than the Metho-
dist Episcopal Church property, so held in trust as
herein described.

Operation confined
to the Methodist

E. property.

Sec. 8. And be it enacted, That nothing herein con-
tained shall be so construed as in any manner to pre-
clude the Methodist Protestant. Church, from redress
of grievances supposed, by a judicial tribunal, or to
preclude them from any property in which they have
right, by having contributed towards their erection.

Methodist Episco-
pal Church rights
reserved.

Sec. 9. And be it enacted. That that this act shall
not bo construed to affect in any manner the rights of
property, in any suit between the Methodist Episcopal
Church, and the Methodist Protestant Church, or be-
tween any person, or association of persons claiming
or defending property as belonging to either denomi-
nation above named.

This act not to ap-

ply to cases con-

tested between

Meth. Churches.



 
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Session Laws, 1838
Volume 598, Page 398   View pdf image
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