USA > Maryland > A compilation containing the constitution and canons of the Protestant Episcopal church in the diocese of Maryland; > Part 9
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XI. And be it enacted, That on every Easter Monday, immediately after the election of Vestrymen, the Vestry shall proceed to choose from among the persons qualified to vote, two sober, discreet, and pious persons, to be Churchwardens for the ensuing year, and before they act as such, they shall take and subscribe the oath of fidelity, and make and subscribe the declaration herein before prescribed to be taken by Vestrymen, and also an oath, that they will faithfully discharge the duties of a Churchwarden.
XII. And be it enacted, That every Churchwarden shall have power to keep the peace and also preserve order and decency in his respective Church or Chapels ; and it shall be lawful for any Churchwarden to apprehend any person guilty of any breach of the peace, or of any disorderly conduct, or making a noise in any Church or Chapel, or in the Church or Chapel-yard, or other enclosure, so as to disturb the Congregation, and to turn such per- son out of the Church, Chapel-yard or other enclosure thereto belonging ; and it shall be the duty of any person (who may be called upon) to assist the Churchwarden in the before-mentioned duties.1
XIII. And be it enacted, That if, from any cause whatever, those per- sons qualified to vote in any Parish should suffer Easter Monday to elapse without any election of Vestrymen, then the said election may be held on any other day appointed for the purpose, at any time after, although it may be in any subsequent year, of which day notice shall be given by the Rector (if any) in his Church, immediately after divine service, on two succeeding Sundays, and if no Rector, by any two Vestrymen, or of those persons
1. The 11th Sec. of "Act to incorporate certain persons in every Christian Church or Congre- gation," 1802, c. 111, repeals so much of this act as confers the powers of civil officers of the peace on Churchwardens.
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who last possessed the powers of Vestrymen, by writing set up at the door of the Church ten days before the day of meeting.
XIV. And be it enacted, If Churchwardens should not from any cause be chosen by the Vestry on the day of the election of Vestrymen, it shall and may be lawful to choose them at any subsequent meeting of the Vestry, and such elections shall be held valid and obligatory.
XV. And be it enacted, That the Vestry of every Parish shall have full power and authority from time to time to choose one or more Ministers or readers of the Protestant Episcopal Church, (heretofore called the Church of England,) to officiate in any Church or Chapel belonging to the Parish, and to perform the other duties of a Minister therein, for such time as the said Vestry may think proper, and they may agree and contract with such Minister or Ministers, reader or readers, for his or their salary, and respect- ing the use and occupation of the parsonage-house, or any glebe or other lands, or other property, if any, belonging to the Parish, and on such terms and conditions as they may think reasonable and proper, and their choice and contract shall be entered among their proceedings ; and upon the expiration of such contract, the said Vestry may, in their discretion, renew their choice, or make a new contract, but if they do not incline so to do, their former choice and contract shall remain until they declare their desire to make a new choice or contract.
XVI. And be it enacted, That if only one Minister shall be chosen for any Parish, he shall be called the Rector thereof, but where two or more Ministers shall be chosen of the same order in the Ministry, they shall be called associated Rectors of such Parish, and shall preside in the Vestry by rotation ; and in any Parish in which there shall, at any time, be more than one Minister regularly settled, and either of them of superior order in the Ministry, such superior Minister shall have the sole right of pre- siding in the Vestry, and be called the Rector thereof, and the other or others shall be called associated Ministers of such Parish.1
XVII. And be it enacted, If the Vestry of any Parish should think it necessary to take in subscriptions for the maintenance of their Minister or Ministers, reader or readers, or for paying the salaries of such other officers as the occasions of the Parish may require to be appointed, or for any other Parish purposes, it shall, and may, be lawful for them so to do.
XVIII. And be it enacted, That the Vestry of every Parish shall be, and they are hereby, obliged to provide a fit person as Register of their Parish, whose duty it shall be to keep true and fair entries of the proceed- ings of such Vestry in the execution of their trust, which Register also shall, before he acts as such, take and subscribe the oath of fidelity herein before mentioned, (unless he shall have before taken such oath,) and make and subscribe a declaration of his belief in the Christian religion, as also take an oath for the due and faithful execution of the duties of his office, to be administered as herein before directed.
XIX. And be it enacted, That it shall be the duty of the said Register to enter in a book provided for the purpose, all baptisms, marriages and funerals, of free persons in the Parish by any Minister of the Protestant
1. See Act of 1827, c. 20.
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Episcopal Church, and which may be made known to him by any of the said Ministers or Vestrymen of the Parish ; and it shall also be the duty of the said Register, in the entry of baptisms, to insert the Christian names of the persons baptized, the Christian and sara nes of the parents, with the dates of the baptisms and births of the persons baptized, and in the entry of marriages and burials to insert the times of the celebration, and the Christian and surnames of the persons married, and the persons buried; and it shall be the duty of the Minister or Ministers of every Parish, to take care that the said Register be made acquainted with all the baptisms, marriages and burials, celebrated by him or then in the Parish.
XX. And be it enisted, That if any Minister of the Protestant Epis- copal Church shall celebrate any baptisn, marriage of burial, in any Parish in which he may not be a settled Minister, he is hereby required to communicate it to the Rector, or some one of the Vestry, of the Parish, who shall communicate it to the Register of said Parish.
XXI. And be it enacted, That if any Minister of Vestryman shall fail in the duties herein respectively assigned them, or if any Register shall refuse or neglect to enter any baptism, marriage or burial, so made known to him, the person ofending shall forfeit eight dollars for every such offence.
XXII. And be it enacted, That the Register of every Parish shall have the custody of all registers of baptisms, marriages, and burials, belonging to his Parish, and he is hereby obliged to show any person or persons, reasonably desiring it any such register, or give a certificate of the entry of any birth, marriage or burial, entered therein, which may be desired of him, and sach certificate, under the hand of such Register, and with the common seal of such Vestry annexed thereto, shall be received in evidence in all courts of justice within this State ;1 and for every search which may be required he shall be entitled to twenty-five cents, and for every certifi- cate as aforesaid he shall be entitled to twenty-five cents, nor shall he be obliged to make a search or give a certificate, until he shall have been paid the reward before allowed.
XXIII. And be it enacted, That if any Vestry shall neglect or refuse to appoint a Register for their Parish, or to provide him with such good and substantial books as the execution of the duties herein committed to him may require, the individual Vestrymin who shall vote against going into the appointment of a person to fill the office of Register, or shall refuse to vote on the question of said appointment, or against the provision of good substantial books as aforesaid, shall forfeit and pay the sum of five dollars each for every time he shall offend, or vote as aforesaid, the said fine to be recovered before a single magistrate ; provided always, That the Vestry- man so offending may, in all cases, allege before said magistrate, such excuse or excuses as he may think sufficient to relieve him from the pay- ment of the fine as aforesaid.
XXIV. And be it enacted, That whenever special meetings of the Vestry shall be necessary, the Rector shall call them, but if there be no Rector, or if he shall be absent, or refuse or neglect to call a meeting, then any two of the Vestry agreeing so to do may summon a special Vestry.
1. See supplement to this Act, 1833, c. 197.
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XXV. And, the better to secure the attendance of members of the Vestry, Be it enacted, That no Vestryman shall absent himself from any stated meeting, or from a special or adjourned meeting, of which he may be duly notified, without such excuse as the rest of the Vestry will allow, under a penalty not less than two or exceeding eight dollars.
XXVI. And be it enacted, That if any person elected a Vestryman, agreeably to this act, shall, after convenient notice given him by the Register of the Parish, who is hereby required to give him such notice under the penalty of twenty dollars, refuse to serve as a Vestryman, according to the provisions herein made, without alleging such an excuse as the residue of the Vestry will allow, unless he shall have heretofore served two years, or been voted out at a former Vestry election, or if any person elected a Churchwarden, who has not before served in that office within the last three years, shall, after the same notice, refuse to serve as such, or, having been qualified shall retire from his office without the con- sent of the Vestry, before the time for which he was elected shall have expired ; unless he shall have been disqualified for remaining a Church- warden, the former shall forfeit twenty dollars, and the latter ten dollars.
XXVII. And be it enacted, That all fines and penalties by this act imposed shall be recoverable before any justice of the peace, and applied to the use of the Parish, in such manner as the Vestry may direct.
XXVIII. And be it enacted, That the Vestrymen of every Parish in this State for the time being, shall be, and they are hereby declared to be, one community, corporation and body politic, for ever, by the naine of The Vestry of the Parish to which they severally belong, and by the same name they, and their successors, shall and may have perpetual succession, and shall and may, at all times hereafter, be persons able and capable in law to purchase, take and hold, to them and their successors, in fee, or for any less estate or estates, any lands, tenements, hereditaments, rents, or annui- ties, within this State, by the gift, bargain, sale or devise, of any person or persons, bodies politic and corporate, capable of making the same, and such lands, tenements, or hereditaments, to rent or lease, in such a manner as they may judge most conducive to the interests of their respective Par- ishes, and also to take and receive any sum or sums of money, and any kind of goods and chattels, which may or shall be given, sold, or bequeathed unto them, by any person or persons, bodies politic or corporate, capable to make a gift, sale or bequest thereof, and to apply the same for the use of their respective Parishes as herein before directed; provided, that the clear yearly value of the estate of any Vestry, (exclusive of the rents of pews, collections in Churches, funeral charges, and the like,) shall not exceed two thousand dollars.
XXIX. And be it enacted, That no Vestry shall sell, alien, or transfer, any of their estates, or property belonging to their Church or Churches, without the consent of five at least of their body, (of which number the Rector shall always be one,) together with the consent of both the Church- wardens, and in case there be no Rector in the Parish, then it shall be necessary to obtain the consent of the Bishop of the Protestant Episcopal Church in this State for the time being, previous to any sale, alienation, or transfer, of any of the estates or property aforesaid.
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XXX. And be it enacted, That no Vestry shall apply any of the principal of the money arising from the sales of any of the estates or property afore- said towards any debt or debts contracted with their Minister on account of his official duties.
XXXI. And be it enacted, That nothing herein before contained shall be construed to prevent the Vestry of any Parish from buying at any time a lot of land, not exceeding two acres, for a burial ground, or a site for a church or parsonage-house, or from selling or renting the pews of their churches or chapels, provided in so doing the said Vestry shall not inter- fere with any existing right or title in any person to any pew or pews.
XXXII. And be it enacted, That the Vestry of every Parish, and their successors, (by the name aforesaid,) shall be forever hereafter able and capable in law to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended, in all or any courts of justice, and before all or any judges, officers, or other persons whatsoever, in all and singular actions, matters and demands whatsoever; and that it shall and may be lawful for them, and their successors, forever hereafter, to have a common seal for their use, and the same, at the will and pleasure of them, and their successors, to change, alter, break and make anew, from time to time, as they shall think best.
XXXIII. And be it enacted, That it shall be lawful for the Convention of the Protestant Episcopal Church in this State to divide or unite Parishes, as occasion may require, and to alter their bounds, and to constitute new Parishes ; and Vestrymen and Churchwardens of such new Parishes shall be chosen as hereinbefore provided, and shall have perpetual succession, and be incorporated by the name of The Vestry of such new Parish, and, such Vestry and Churchwardens shall have all the powers hereby granted in this act to other Vestrymen and Churchwardens ; provided always that a majority of the members of the Protestant Episcopal Church, qualified to vote for Vestrymen, residing in any Parish, or part or parts of a Parish or Parishes, proposed to be added to any new Parish or Parishes, or to be constituted into a new Parish, shall consent thereto.
XXXIV. And be it enacted, That immediately after the election of Vestrymen, on the next ensuing Easter Monday, as hereinbefore directed, the act entitled, An Act for the establishment of Select Vestries,1 and all the supplementary acts thereto, shall be and hereby are repealed.
1823-CHAPTER 189.
A supplement to the Act for the establishment of Vestries for each Parish in this State.
Whereas, the act to which this is a supplement does not provide for the election of a Vestry in any Parish, in which there may not be persons enrolled as in that act is directed, therefore,
SEC. 1. Be it enacted by the General Assembly of Maryland, That from and after the passage of this act, it shall and may be lawful for any two or more members of the Protestant Episcopal Church, in any Parish in
1. 1779, c. 9.
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this State, in which there shall be no Vestry, to call a meeting of the mem- bers of said Church at the Parish Church, or if there shall be no Parish Church, at any convenient place in such Parish, first giving ten days' notice of the time and place of such meeting by advertisement in writing set up at the most public places in such Parish, and the members of said Church when so convened shall have power to elect a Chairman and Secre- tary, the former to preside at such meeting, and to determine who of the members convened shall be entitled to vote, and the latter to record or take minutes of the proceedings, and the said meeting shall thereupon elect by ballot eight of the most religious and intelligent members of such Church as Vestrymen.
SEC. 2. And be it enacted, That the persons so elected shall, within ten days after their election, or as soon thereafter as practicable, meet and qualify in the manner now prescribed for other Vestrymen, and shall there- after be considered the Vestry of such Parish until the next Easter Monday, and as such shall have power to elect Churchwardens and a Register and to do all other acts which the Vestries can lawfully do.
1827-CHAPTER 20.
A supplement to the Act entitled an Act for the establishment of Vestries for each Parish in this State.
Whereas, experience has shewn that associated Rectorships, as provided for by the sixteenth section of the act to which this is a supplement, are not in all cases expedient.
Be it therefore enacted by the General Assembly of Maryland, That from and after the passage of this act, it shall and may be lawful for the Vestry of any Parish or Church or united Churches or Congregations within this State, where the ministrations of two or more Clergymen may be deemed necessary or convenient, to elect and call such Clergymen or any of them, either as Rector, associate Minister, or assistant Minister, or by such other appellation as said Vestry may think advisable, and desig- nate the powers and duties to be exercised and discharged by such Clergy- men or any of them.
1828-CHAPTER 136, SECTION 3.
SEC. 3. And be it enacted, That in future the Vestries of the Protestant Episcopal Church in this State shall not be obliged to meet on any stated days, or at any particular place, but only at such times and places as they may find most convenient ; and if any vacancy happens in the Vestry after their election, or any one elected shall refuse to serve, then the other members shall have the power to appoint a new member or members, as the case may be, to serve till the next succeeding annual election.
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1833-CHAPTER 196.
A supplement to the Act entitled an Act for the establishment of Vest- ries for each Parish in this State.
Whereas, by the act to which this is a supplement, passed at November session, seventeen hundred and ninety-eight, chapter twenty-four, the Reg- isters of Parishes are authorized to give certificates of the entry of any birth, marriage, or burial, entered in the register books of their respective Par- ishes, under the hand of such Register, and with the common seal of such Vestry annexed thereto, which shall be received in evidence in all courts of justice within this State ; and whereas, many of the Vestries have neglec- ted to procure a common seal ; therefore,
Be it enacted by the General _Assembly of Maryland, That wherever the Vestry of any Parish has neglected to procure a common seal, and until such common seal be procured, the Register of such Parish is authorized to give a certificate of the entry of any birth, marriage, or burial entered in the books of said Vestry, under the hand of such Register, which shall be received in evidence in all courts of justice in this State; Provided never- theless, the said certificate is accompanied with a certificate of the Clerk of the County Court of the county in which said Register resides, under the seal of said County Court, that he knows of his own knowledge, or that it hath been proven to his satisfaction, that the person subscribing himself as Register of such Parish, is in fact the Register as stated, and that the said certificate was subscribed by said Register.
CONVENTION. 1840-CHAPTER 67. [Passed, Feb. 12, 1811.]
An Act to incorporate the Convention of the Protestant Episcopal Church of the Diocese of Maryland, for the purposes therein mentioned.
Whereas, the members of the Protestant Episcopal Church, in Maryland, have subscribed for and raised a fund for the permanent support of the Episcopate of said Church ; and whereas also, the Convention of the said Church, which by the constitution thereof is entrusted with the administra- tion of its concerns, has no legal authority to receive, invest, or dispose of said fund or the proceeds arising therefrom, and to that end have asked that a law may be passed incorporating the said Convention, for the pur- pose alone of administering the said funds, according to the design of said contributors :
SEC. 1. Be it enacted by the General Assembly of Maryland, That the persons who now constitute, and may hereafter constitute the Convention of the Protestant Episcopal Church of the Diocese of Maryland, shall be, and they are hereby, incorporated and made a body corporate and politic, by the name of the Convention of the Protestant Episcopal Church of the Diocese of Maryland, and by that name they and their successors to be elected, appointed, and qualified according to the form and effect of the
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constitution of the said Church for the time being, shall have perpetual succession, and by that name be capable of suing and being sued in any court of law or equity in this State, and shall have and use a common seal, and the same break, alter and renew at pleasure, and shall have and exer- cise such. other powers as shall or may be necessary or proper, to carry into effect the objects of the incorporation.
SEC. 2. And be it enacted, That the said corporation shall have full power and authority to take and hold subscriptions or contributions in money or otherwise, for the purpose of creating a permanent fund for the support of the Episcopate in said Diocese, and the same to invest, and the proceeds thereof to apply for the purpose aforesaid, as may from time to time be deemed most expedient, and shall likewise have full power and authority to appoint an executive committee or other trustees, by whatever name or names they may be designated, to administer said fund in such manner and form, and with such authority as the said corporation shall from time to time prescribe; Provided, however, that the expenses of administering said fund, the salary of the Bishop, and other charges thereon, shall be payable and paid only out of the annual interest, dividends or profits of said fund ; and that the principal sum or amount of such contributions and subscrip- tions shall be at all times kept invested in some safe and profitable stocks, mortgages, or other securities.
SEC. 3. And be it enacted, That if this act shall be accepted by the Con- vention of the Protestant Episcopal Church of this Diocese, at their next annual meeting, the said Convention shall proceed to adopt such rules and regulations in regard to the said fund, and its administration, as to the said Convention may seem expedient.1
SEC. 4. And be it enacted, That nothing herein contained shall enlarge, restrict, or in any manner affect the power or authority which the said Con- vention now hath, or may exercise or claim over the said Church in this Diocese, or the members thereof, but all such powers and authorities which are or may be claimed or exercised, shall remain in like condition, and none other, as if this act had not been passed.
SEC. 5. And be it enacted, That this act shall be, and the same is hereby, declared to be void and of no effect, unless it shall be accepted by the said Convention, at its next annual meeting, and a certificate or act of such acceptance, filed with the Secretary of State, in three months thereafter.1
1856 -- CHAPTER 17.
An Act amendatory of the act incorporating the Convention of the Protest- ant Episcopal Church, in the Diocese of Maryland, passed at December Session, eighteen hundred and forty, chaster sixty-seven, authorizing the said Convention to take and hold subscriptions or contributions in money, or otherwise, for religious or charitable purposes.
SEC. 1. Be it cnacted ty the General Assembly of Maryland, That the corporate powers and privileges conferred upon the Convention of the Protestant Episcopal Church in the Diocese of Maryland by the original act
1. This act was accepted by the Convention on 27th of May, 1841, and a certificate of such acceptance was filed with the Secretary of State, immediately thereafter.
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to which this is an amendment, shall be and the same are hereby extended to enable the said Convention to take and hold subscriptions or contribu- tions in money or otherwise, which may be made to or in behalf of the various associations for religious or charitable purposes, now existing or hereafter to exist in the several counties of this State and in the City of Baltimore, under the sanction of said Convention, and to appoint, in its discretion executive committees or other trustees, by whatever name or names they may be designated, for administering the respective funds so arising as aforesaid, in such manner and form and with such authority as the said Convention may from time to time prescribe ; Provided always, That in such administration the respective funds shall be kept distinct and separate, and that each fund shall be held liable only for obligations that may have been incurred in its own proper behoof.
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