USA > Maryland > A compilation containing the constitution and canons of the Protestant Episcopal church in the diocese of Maryland; > Part 8
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FORM NO. I. Petition for leave to organize a new Parish.
To the Convention of the Protestant Episcopal Church
of the Diocese of Maryland :
The undersigned, members of said Church in Parish, [or Parishes, ]
county, [or city] respectfully ask leave, for themselves and others, to organize a new Parish, by the name and style of - Parish, county, [or city] lying entirely within the Parish aforesaid, [or within the Parish aforesaid, and - Parish or Parishes, as the case may be,] and contained within the following metes and bounds, viz :
Beginning, etc., [here describe it.]
And your petitioners will ever pray, etc.
[Signed by at least five persons.]
[Insert place and date.]
FORM NO. II. Act creating a separate Parish.
Whereas, a petition has been presented, for leave to create a new Parish, from portions of Parish, [or Parishes, ] to be comprised within the metes and bounds hereinafter specified, and it appears desirable that the prayer of such petition should be granted, and it further appears that all requisite preliminaries have been complied with : therefore
Be it enacted, by the Convention of the Protestant Episcopal Church of the Diocese of Maryland; That the territory contained within the metes and bounds described as follows, that is to say-
Beginning, for the same at [here give metes and bounds, as in the peti- tion,] be, and the same is hereby, constituted a separate Parish, by the name and style of [here give name of new Parish, adding the name of the County or City in which it is situated,] entitled to all the privileges secured to other Parishes in the Diocese of Maryland by the Acts of the General Assembly of Maryland, and the Constitution and Canons of the Church in this Diocese.
FORM NO. III. Record of Election of Vestrymen.
Know all men by these presents; that on this -- day of -,eighteen hundred and -- , the members of -Parish of the Protestant Episcopal Church, in the Diocese of Maryland, qualified to vote at elections for Ves- trymen thereof, have met at ----- , nine persons so qualified to vote being present, for the purpose of electing Vestrymen of said Parish, to serve until the ensuing Easter Monday, in manner as prescribed by the Act of Assembly of Maryland of 1798, ch. 24. At which meeting the following named persons were elected as such Vestrymen, to wit :
(Here follow the names of the persons elected.) And furthermore-(here add any further proceedings, record of which may be desired.)
And we, the undersigned, qualified as aforesaid, and present at such meeting do declare and certify that the foregoing record of proceedings is correct. [Signatures of five persons.]
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FORMS AND INSTRUCTIONS.
FORM No. IV.
Declaration of Assent to Constitution and Canons.
We, the undersigned, who were duly elected Vestrymen of- [here give name of Church, including that of the County or City in which situated,] at a meeting held for that purpose, on the-day of-18-, do hereby, collectively and individually, declare our assent to the Constitu- tion and Canons of the Protestant Episcopal Church in the Diocese of Mary- land, and our adherence to the doctrines, discipline and worship of the said Church in the United States of America.
Witness our hands this -- day of-, 18 -.
FORM NO. V.
Petition by a new Parish for admission into Union with the Convention.
To the Convention of the Protestant Episcopal Church
of the Diocese of Maryland :
A new Parish having been created, at the Annual Convention of this Church, held in the year 18 -- , by the name of --- Parish, in-
County, (or City) and the organization of the same having been duly made, as will fully appear by the accompanying documents filed herewith, the un- dersigned, the Rector, (if one) and Vestry, of said Parish respectfully ask, that said Parish may be admitted into union with the said Convention, and that it may hereafter have such Clerial and Lay representation as it may be entitled to, under the Constitution of said Convention.
[Signed by Rector, (if one) and at least four of the Vestry.]
FORM NO. VI.
Resolution admitting Parish into Union with Convention.
RESOLVED, by the Convention of the Protestant Episcopal Church of the Diocese of Maryland, That - Parish - - County, [or City] be, and the same is, hereby admitted into union with the Convention, and shall be entitled to all the rights secured to Parishes by the Constitution and Canons of the Protestant Episcopal Church in this Diocese, or by the Laws, applicable to Parishes, in force in Maryland.
FORM NO. VII. Petition for leave to organize a new Congregation.
To the Convention of the Protestant Episcopal Church
of the Diocese of Maryland :
The undersigned, members of said Church, in - -- Parish, County, (or City,) respectfully ask leave for themselves and others to organ- ize a new Congregation, in the said Parish, by the name and style of Church, in the County (or City,) of
And your petitioners, as in duty, &c. [Signed by at least five persons.]
[Insert place and date.]
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FORMS AND INSTRUCTIONS.
FORM NO. VIII.
Resolution granting leave to organize Congregation.
Whereas, a petition has been presented, by - and others, for leave to organize a new Congregation, in - Parish, - County, (or City,) to be called (here give name) and it has been made to appear to this Con- vention, that the requisite preliminaries have been complied with, there- fore be it
RESOLVED, By the Convention of the Protestant Episcopal Church of the Diocese of Maryland, that leave be, and the same is, granted for the organ- ization of said Congregation, as prayed for.
FORM NO. IX.
Instrument for Record, and to be afterwards filed with the Secretary of the Convention.
Know all men by these presents ; that on the - day of -- , eighteen hundred and, - [here give the names of nine persons including the eight to be elected Vestrymen] all being above the age of twenty-one years, mem- bers of a Congregation in the Church called the Protestant Episcopal Church, which said Church is known and acknowledged in this State, and protected in the free exercise of its religion, by the Constitution and Laws thereof, in pursuance of the provisions of the Article of the Code of Mary- land, entitled "Corporations," met at for the purpose of electing eight persons, who, with the Rector, or Minister, of the Congregation, for the time being, are to be constituted, under the said Article a body politic and corporate as Trustees or Vestrymen, in behalf of the said Congrega- tion ; and, by the name of the Vestry of -, to have perpetual succes- sion, and all other corporate powers, given by the said Article, and then and there proceeded to elect the sober and dicreet persons hereinafter named as such Trustees or Vestrymen, and at the same time, being the first elect- ion, determined and fixed, as perscribed by said Article, on the following plan, agreement and regulation, as the Constitution of the said Congrega- tion and of the said corporation, or Vestry, viz :
1st. This Congregation shall be called
2d. This Congregation, its Rector and Vestry, shall, at all times, adhere to the doctrine, worship and discipline of the Protestant Episcopal Church in the United States of America, as set forth in its creeds, articles and lit- urgy ; and shall be, at all times, subject to the spiritual jurisdiction and authority of the Bishop of said Church in the Diocese of Maryland, or in case of alteration hereafter in the name or limits of said Diocese, to the Bishop of the Diocese within which the house of worship for said Congregation may be, and shall, as early as practicable, apply for admission into unión with the Convention of said Church in the Diocese of Maryland, and upon such admission, shall ohserve and be subject to the Constitution and Canons of the said Diocese.
3d. The corporation or Vestry, of said Congregation, shall consist of the Minister for the time being, who shall be styled the Rector; and of eight Laymen, qualified and chosen as hereinafter prescribed, who shall be called Vestrymen ; and the name of the Corporation shall be "The Vestry of " of which the Rector shall be, at all meetings attended by him, the President, and, as such, shall have only a casting vote.
4th. The first Vestrymen so as above elected, to wit, -
shall serve until the Easter Monday next ensuing the date of these presents ; and until removed, as is hereinafter provided for. And on the said Easter Monday, and on every Easter Monday thereafter, all persons
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FORMS AND INSTRUCTIONS.
above twenty-one years of age, qualified members of the said Congre- gation, by having been duly enrolled in the Registry books thereof, at least thirty days prior to the said day, and having contributed to the charges of said Congregation, since the last election, the sum of two dollars, or such other less sum, as the Vestry may annually, within ten days after the election, make known and declare, shall assemble at the house of worship of said Congregation, or such other place as the Vestry may, by public notice, have appointed ; and they, or such of them as shall assemble, shall, by a majority of ballots, put out four of the eight Vestrymen, whom they please ; and shall, immediately thereafter, elect, in like manner, four Vestrymen, from among the persons qualified as afore- said, including those whom they may have voted out, all, or any, of whom they may elect ; and such persons, so chosen, with the remaining Vestry and the Rector, shall be the Vestry, until the next election. And if, for any cause, any Easter Monday should be suffered to elapse, without such election, as aforesaid, an election may be held, on any day thereafter, as provided in the thirteenth section of the Act of Assembly, passed at November session, 1798, ch. 24, entitled an " Act for the Establishment of Vestries, etc.," and the supplements thereto.
5th. The duties and powers of said Vestry, in respect to the property of the said Congregation, and alienation of the same; to vacancies in their own body, occurring by refusal to serve, or otherwise ; to judging at and of elections ; to the appointment of the Rector and other ministers, of Church- wardens and Register ; and to all other matters properly belonging to a Vestry, shall be as prescribed by the various clauses of the last mentioned Act and its supplements, except as regards the oath of office of themselves, and those whom they may appoint, for which they may in their discretion, substitute a subscription in a book, to be kept for that purpose, of the proper parties, to a declaration of assent to this Constitution, and of adherence to the doctrines, discipline and worship of the Protestant Epis- copal Church in the United States of America.
In testimony of all which, the undersigned, so elected as Vestrymen have hereunto affixed our hands and seals, this -- day of -- , A. D. 188 -.
[Seal.] [Seal. ] [Seal.] [Seal.]
[Seal.] Seal. [Seal.] [Seal. ]
MARYLAND, sct.
It is hereby certified that on this day of , 18-, before me, the subscriber, a Justice of the Peace1 of said State, in and for county [or Baltimore City] personally appeared -- -, who are known to me of my own knowledge, [or by sufficient proof,] to be the identical per- sons mentioned and intended, in the foregoing instrument, as Trustees or Vestrymen ; by whom I have been well assured that the proceedings des- cribed therein were duly and legally conducted ; and who did afterwards acknowledge the said instrument of writing to be the plan, agreement and regulation for the government of the Congregation therein mentioned.
--- J. P.
I Judge of the [give title of Court] do hereby certify that the foregoing certificate of incorporation has been submitted to me for my ex- amination, and I do further certify that the said certificate is in conformity with the provisions of the law authorizing the formation of the said Corpo- ration.
1. Until 1892, c. 664, two Justices were required.
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FORMS AND INSTRUCTIONS.
FORM NO. X.
Petition by a new Congregation, for admission into Union.
To the Convention of the Protestant Episcopal Church
of the Diocese of Maryland:
Leave having been granted, on a petition to the last Annual Convention, for the organization of a new Congregation, by the name and style of - Church, County, [or city,] and the organization of the same having been duly made, as will fully appear by the documents herewith filed, the undersigned, the Rector and Vestry of said Congregation, respectfully ask, that the said Congregation may be admitted into union with the Convention of this Diocese, and that it may hereafter have such Clerical and Lay Representation, as it may be entitled to, under the Constitution of the Convention.
[ Signed by the Rector (if there be one,) and at least four of the Vestry.] [ Insert date and place.]
FORM NO. XI.
Resolution admitting New Congregation Into Union.
Resolved, by the Convention of the Protestant Episcopal Church of the Diocese of Maryland, that the new Congregation formed in - county, · [or city, ] under the name of - Church, [here give name and county or city, ] be, and the same is hereby, admitted into union with this Convention, and shall be entitled to all the rights secured to Congregations organized according to the provisions of the' Constitution and Canons of the Protestant Episcopal Church in this Diocese.
FORM No. XII.
Parochial Enrollment.
We, the subscribers, male citizens of the State of Maryland, above twenty-one years of age, resident in - Parish, - County, (or City) do hereby severally enroll ourselves as members of the Protestant Epis- copal Church, in said Parish, agreeably to the provisions of the Act of Assembly, passed at November session, 1798, ch. 24, entitled "An Act for the Establishment of Vestries for each Parish in this State."
SUBSCRIBER'S NAME.
DATE OF ENROLLMENT.
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FORMS AND INSTRUCTIONS.
FORM NO. XIII.
Certificate of the appointment of Lay Delegates to the Convention.
This is to certify that - and - - as his alternate, both being mem- bers of the Congregation, have been duly appointed by the Vestry of Parish [or Congregation, ] county, [or city,] (a Vestry elected by legally qualified members of the Protestant Episcopal Church,) to repre- sent it in the next Convention of said Church in the Diocese of Maryland. Witness my hand this - - day of - 18 -.
A. B., Register (or Warden).
Declaration by Lay Delegate.
I do hereby declare my belief in the Christian religion and attachment to the Protestant Episcopal Church, and profess myself a member thereof. -- Lay Delegate. Alternate.
(1887, p. 11.)
FORM NO. XIV.
Oath of Vestrymen in addition to Oath prescribed in Sec. 6, of the Vestry Act.
- do swear (or affirm) that I will support the Constitution of the United States ; and that I will be faithful and bear true allegiance to the State of Maryland and support the Constitution and Laws thereof.
LAWS OF MARYLAND
ON RELIGIOUS MATTERS.
DECLARATION OF RIGHTS. [1867.]
Art. 38. That every gift, sale or devise of land, to any Minister, Public Teacher or Preacher of the Gospel, as such, or to any Religious Sect, Order or Denomination, or to, or for the support, use or benefit of, or in trust for, any Minister, Public Teacher or Preacher of the Gospel, as such, or any Religious Sect, Order, or Denomination ; and every gift or sale of goods, or chattels, to go in succession, or to take place after the death of the seller or donor, to or for such support, use or benefit; and also every devise of goods or chattels to or for the support, use, or benefit of any Min- ister, Public Teacher or Preacher of the Gospel, as such, or any Religious Sect, Order, or Denomination, without the prior, or subsequent, sanction of the Legislature, shall be void; except always, any sale, gift, lease or devise of any quantity of land, not exceeding five acres, for a church, meet- ing house, or other house of worship, or parsonage, or for a burying-ground, which shall be improved, enjoyed, or used only for such purpose; or such sale, gift, lease, or devise shall be void.
ACTS OF ASSEMBLY.
INTRODUCTION.
By the Act of Assembly, Chapter 1, of the Session of 1860, it is enacted, "That the two volumes of Revised Laws reported by Otho Scott and Hiram Mccullough, * * * * be, and the same are hereby adopted in lieu of, and as a substitute for, all the Public General Laws and the Public Local Laws heretofore passed by the Legislature of Maryland."
"And, further, that the savings and reservations and rules of interpreta- tion contained in the first Article of the Public General Laws be, and they are hereby, made a part of the Code."
The third section of the first Article of the Public General Laws above- mentioned, is in the following words, viz :
"3. No rights, property, or privileges held under a charter or grant from this State shall be in any manner impaired or affected by the adoption of this Code."
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LAWS OF MARYLAND ON RELIGIOUS MATTERS.
This section is also section 3 of Article I. of the Maryland Code of 1888 by John Prentiss Poe, adopted March 14, 1888, and in effect January 31, 1889. It virtually continues in force such of the following Acts as partake of the nature of public acts, so far as they convey rights or privileges, although they are not included in the Code.
VESTRIES. 1798-CHAPTER 24.
An Act for the Establishment of Vestsies for each Parish in this State.1
Whereas, it is represented to this General Assembly, that the act for the establishment of Select Vestries, and the supplements thereto, are inade- quate to the exigencies of the Protestant Episcopal Church in this State, for which the said acts were intended to provide.
II. Be it enacted by the General Assembly of Maryland, That the Ves- tries shall be chosen for each Parish within this State, in the following manner : Every free white male citizen of this State, above twenty-one years of age, resident of the Parish where he offers to vote six months next preceding the day of election, who shall have been entered? on the books of said Parish one month at least preceding the day of election as a mem- ber of the Protestant Episcopal Church, and who shall also contribute to the charges of the said Parish in which he offers to vote such sum as a majority of the Vestry in each Parish shall annually, within ten days after their election, in writing, make known and declare, not exceeding two dol- lars, shall have a right of suffrage in the election of Vestrymen for such Parish ; and all persons so qualified shall, on the next ensuing Easter Mon- day, assemble in their respective Parishes, at their Parish Church, or if there shall be two or more Protestant Episcopal Churches in any Parish, at the Church first built therein, or if there be in any Parish no such Church, then at such other place as the Rector of the Parish, or if there be no Rector, as any three or more Vestrymen, may have publicly notified to the parish- ioners, and the said persons, so qualified to vote, when assembled, or such of them as may assemble in each Parish, shall proceed, by a majority of votes, to elect, by ballot, eight Vestrymen, from among the persons quali- fied to vote, who, with the Rector of the Parish for the time being, shall be deemed and considered the Vestry of the said Parish for the ensuing year, and the Rector of the Parish shall always be one of the Vestry.
III. And be it enacted, That the Register of the Parish shall, and it is hereby declared to be his duty, to enroll any person of the Protestant Epis- copal Church, who shall apply for the purpose, on the books of the Parish, under the penalty of eight dollars, and he shall be authorized to demand and receive the sum of six cents for each and every such enrollment.
IV. And, to perpetuate the Vestry in each Parish, Be it enacted, That on refusal to serve, resignation, death, or removal from the Parish, with a view to reside elsewhere, or on legal discharge from serving, or any other
1. See Bartlett vs. Hipkins, 76 Md. Rep. 31.
2. See Act of 1823, c. 189, post.
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LAWS OF MARYLAND ON RELIGIOUS MATTERS.
disqualification of any person chosen a Vestryman, the Rector, (if any,) or if no Rector, any two of the Vestry, or of those persons who last possessed the powers of Vestrymen, shall, with all convenient speed, appoint a gen- eral meeting of the parishioners entitled to suffrage as aforesaid, at the Par- ish Church or elsewhere, as herein before mentioned ; and at such meeting, such of them as shall assemble shall proceed, by a majority of votes, to fill . up such vacancy or vacancies from among the persons qualified to vote, as herein before provided ; ! and on every Easter Monday for ever, after the first election as herein before directed, the Parishioners entitled to suffrage shall assemble, as hereit before prescribed, and they, or such of them as may assemble, shall, by a majority of votes, put out four of the eight Vestry- men whom they please, and shall immediately thereafter elect, by ballot, four Vestrymen from among the persons qualified to vote, including those whom they have voted out, all or any of whom they may re-elect; and such persons so chosen, with the remaining Vestrymen and the Rector2 shall be the Vestry for the ensuing year.
V. And le it enacted, That the Vestrymen of each Parish, or a majority of those who shall attend, shall judge of the election of Vestrymen, and of the qualification of voters, and of the qualification of the parishioners pro- posed to be elected as Vestrymen.
VI. And te it enacted, That every person chosen a Vestryman shall, before he acts as such, take and subscribe the oath of support and fidelity required by the constitution and form of government,3 unless such person hath before taken such oath, and also make and subscribe a declaration of his belief in the Christian religion, and he shall also take and subscribe the following oath of office, to wit: "I, A. B., do solemnly swear, that I will faithfully execute the Office of a Vestryman of- Parish, in - county, without prejudice, favor, or affection, according to the best of my skill and knowledge;" which oaths and declarations, any justice of the peace, or any Vestryman present, may administer and take.
VII. And be it enacted, That the first Monday in February, May, August, and November, in each year, shall be the days on which a Vestry shall be held in every Parish, at eleven o'clock in the forenoon, at the place at which Vestry elections are directed by this Act to be held, without any notice thereof, t and every Vestry may also hold adjourned or special meet- ings at sach ti nes and places as they may agree upon ; at any which time or place, any four Vestrymen, together with the Rector, if he shall attend, if not, any four without him, shall be a sufficient quorum for the transaction of any business whatever, which they are authorized to do by this act; and whatsoever shall be thus done by a majority of such quorum, or of the members attending, if more than above directed, shall be valid and obliga- tory as if done by the whole Vestry ; provided always, that due notice of all adjourned and special meetings shall be given to all the members of the Vestry.
1. Vestries are now authorized to fill up vacancies occurring in their own bodies-See Act of 1828, c. 136.
2. See Act of 1802, c. 105, and 1803, c. 45, and 1858, c. 300, relating to St. Peter's Church, Balti- more.
3. See Form No. XIV.
4. Now not necessary ; See Act of 1828, c. 136, section 3.
6
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LAWS OF MARYLAND ON RELIGIOUS MATTERS.
VIII. And be it enacted, That the Rector of each Parish for the time being shall preside in the Vestry, collect the votes, and shall, upon an equal division of those present, have a vote, except in cases in which he is in any manner particularly interested, and he shall have, except he may otherwise contract with the Vestry, the possession, occupation, and free use of all the glebe-lands, houses, ground rents, books and other property be- longing to his Parish, and be entitled to the benefits thereof during the time he shall officiate therein as Rector.
IX. And be it enacted, That the Vestry of each Parish, for the time being, as Trustees of the Parish, shall have an estate in fee simple in all Churches and Chapels, and in all glebes, and other lands, and shall have a good title and estate in all other property heretofore belonging to the Church of Eng- land, or which shall hereafter belong to the said Church, now called the Protestant Episcopal Church, in Maryland, and it shall be lawful for such Vestry so to manage and direct all such property as they may think most advantageous to the interests of the parishioners, and they shall also have the property in all books, plate and other ornaments belonging to said Churches and Chapels, or any of them.
X. And be it enacted, That if any Rector shall commit any waste on any glebe-land, or other land belonging to the Vestry of his Parish, or if he shall do any injury to his parsonage, or to his parish library, he shall be liable to pay treble damages, to be recovered of him by the Vestry in their corporate name, in the same manner as if he was not one of the Vestry.
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