210

LAWS OF MARYLAND

Ch. 97

Provided always that before the convention of the
diocese shall divide a parish or unite a parish with
another and thereby constitute a new parish, it shall be
necessary for a majority of the members of the Protestant
Episcopal Church who shall be affected by such division
or union, and who are resident in the areas concerned, to
consent thereto.

(d)   Purchase of burial ground or building site.

Nothing contained in the exception at the end of
subsection (b) of this section shall be construed to
prevent the vestry of a parish from buying at any time
land for a burial ground or as a site for a church,
parish house or rectory, or any other proper purpose.

(e)   Alienation of property.

No vestry of a parish shall sell, encumber or
transfer property belonging to the parish, or any
property held by it in trust with or without an express
power of sale, without the previous consent of a majority
of the entire vestry, wherein the rector shall always be
a voting member.

And, irrespective of any general or diocesan
canonical mandate to the contrary, no further consent
shall be necessary except (i) when there is no rector in
the parish, then, in addition to the consent of a
majority of the vestry, it shall be necessary to obtain
the consent of the ecclesiastical authority of the
diocese; and except (ii) when the property proposed to be
sold, encumbered or transferred is a consecrated church
or chapel, or any other building, whether consecrated or
not, used solely for divine services, then, and in
addition to the consent of a majority of the vestry it
shall be necessary to obtain the consent of the bishop,
acting with the advice and consent of the standing
committee of the diocese.

Upon obtaining the necessary consents, the rector,
or, in the absence of the rector, such member of the
vestry as the vestry shall by resolution designate, shall
have full power and authority to execute such deed or
other instrument on behalf of the vestry, for the
property to be sold, mortgaged or otherwise aliened.

And the corporate seal of the vestry may be affixed
thereto by the registrar, or, in the absence of the
registrar, by such member of the vestry as the vestry
shall by resolution designate.

This subsection is not applicable to the cathedral
council inasmuch as the diocesan canon relating to the
cathedral of the Diocese of Easton provides that the
council has no control over the real property of the
cathedral.