CHAPTER II
CHURCH PROPERTY
I. Trustees—Appointment and Duties
¶ 271. The board
of trustees for church property shall consist of not less than three nor
more than nine persons, at least two-thirds of whom shall be members of
the Free Methodist Church.
¶ 272. In all
cases where the law of states or territories requires a specified mode
of election, that mode shall be observed; otherwise such trustees shall
be elected at the society meeting, except where a society is not incorporated,
and is embraced within a circuit and has become extinct, in which case
trustees for such property shall be elected by the annual circuit meeting.
All trustees shall hold their office until their successors shall be elected.
¶ 273. Boards
of trustees shall report all business transacted to the annual circuit
meeting, and to the society whenever requested to do so by the preacher
in charge, the official board or by the society. They shall also make an
annual statement of the financial condition of the property in their care.
¶ 274. If a
member of our church holding the office of trustee withdraws from the church,
is dismissed by letter or expelled, or removes beyond the bounds of the
circuit for which he was elected, the society may declare his place in
the board vacant, except in states or territories where the law will not
allow this to be done.
¶ 275. No other
denomination shall be permitted to hold stated appointments in any of our
churches without the consent of both the preacher in charge and a majority
of the trustees.
¶ 276. If a
district desires to purchase or acquire property, such district shall incorporate.
There shall be not less than three or more than nine trustees elected by
the quarterly conference. All trustees shall hold their office till their
successors shall be elected but provided that if a duly elected member
shall refuse, by his actions, to attend legally called meetings of the
board for one entire year or for three consecutive meetings, whichever
is the longer period, his place shall be declared vacant by the next session
of the quarterly conference and his successor elected at once for the remainder
of the term, provided the same does not conflict with the law of the State
of Incorporation. When the district becomes incorporated, the deed shall
be made out directly to the district in its corporate name, and not to
individual trustees; and in all cases it shall contain the trust clause
included in Paragraph 278. This does not apply to Canadian property.
II. Incorporation and Deeds
¶ 277. Before
any real estate is purchased for either church or parsonage property, let
the society consult some reliable lawyer, provide him with a copy of our
Discipline for reference, and wherever the law of the state or territory
will permit, proceed legally to incorporate the society. Let the articles
of incorporation, where the laws will permit, provide that the society
shall be subject to the rules, regulations, doctrines, and Discipline of
the Free Methodist Church, incorporated as “The Free Methodist Church of
North America,” as from time to time adopted by the General Conference
of said church, in so far as the same do not contravene the laws of the
state, and that the secular affairs of the corporation shall be managed
and controlled by trustees elected according to the provisions of said
Discipline. When such incorporation is completed let the deed be made out
directly to the society in its corporate name, and not to individual trustees;
and in all cases it shall contain the trust clause included in the next
paragraph.
¶ 278. In states
where the law requires church property to be held by trustees, and in states
where incorporation can not be secured as provided for in the preceding
paragraph, let all deeds be made to trustees, naming them and their successors
in office, and containing the following trust clause: “In trust for the
use and benefit of the membership of the Free Methodist Church of North
America, incorporated under the name of ‘The Free Methodist Church of North
America,’ subject to the Discipline, usages and ministerial appointments
of said church, as from time to time authorized and declared; and, if sold,
the proceeds shall he disposed of and used in accordance with the provisions
of said Discipline, and of the civil law; and in further trust and confidence
that in the houses of worship now erected or that may hereafter be erected
on said premises hereby conveyed, the seats shall be forever free; and
in further trust and confidence that the said trustees and their successors
in office shall permit at all times the preachers who may be duly authorized
according to the Discipline of the said Free Methodist Church, to hold
religions services in said houses of worship according to said Discipline.”
¶ 279. No deed
shall be accepted which contains a clause by which the land conveyed may
revert to the original grantor, his heirs or assigns.
¶ 280. All deeds
should be immediately recorded. and in all their parts should be made to
conform to the laws, usages and forms of the state or territory in which
the property may be situated.
¶ 281. In no
case shall the church or parsonage property he sold, mortgaged or encumbered
for current expenses.
¶ 282. Whenever
it may become necessary or advisable to dispose of any church property,
the trustees may sell and convey the same by first securing the authority
of the society for such sale, the approval of the district elder and the
consent of the General Conference, or in the intervals of its sessions,
of two-thirds of the trustees of the General Conference; provided that
in all cases the proceeds of such sale shall be used either for the purchase
or improvement of property for the same uses and deeded to the same corporation
or trustees; or if not so used, shall be held subject to the order of the
annual conference in whose territory such property may be situated.
¶ 283. Whenever
any church property is no longer used for church purposes, and is declared
abandoned by the annual conference, it shall he the duty of the trustees,
if any remain, to sell such property and turn over the proceeds of such
sale to the annual conference. If no such trustees remain, it shall be
the duty of the trustees of the annual conference to take possession of
such property by any means lawful in the state or territory in which the
property may be situated. The annual conference may sell and convey such
property, the proceeds of such sale to be used as said conference may direct,
provided that such transaction shall not be contrary to the civil law.
III. Erection of Churches
¶ 284. 1. All
our houses of worship must be built plain and neat, without steeples, and
no more expensive than is absolutely required for comfort, convenience
and stability, and with all seats free.
2. No step shall be taken involving pecuniary
liability in erecting houses of worship or parsonages, or in purchasing
church property of any kind, until two-thirds of the amount necessary to
meet the estimated cost be secured in good, reliable subscriptions.
3. No houses of worship, parsonages or other
church buildings shall be erected on leased ground, except on reservations
or other places where it is impossible to secure a deed in fee, or without
the unanimous consent of the conference Board of Church Extension and Aid
Society of the annual conference in whose territory the property is situated.
4. Each annual conference shall appoint
a committee of not less than three on “Church Buildings and Locations,”
and no church shall be built within the bounds of the conference without
the approval in writing both of the location and the plan of the building
and of the title of the property. If any location is selected or a church
building constructed without such consent that society shall not receive
aid from the Church Extension and Aid Society. This committee shall satisfy
themselves that proper facilities have been made for the accommodation
of the Sunday school before giving their approval.
5. The Executive Commission is authorized
to collect data touching the questions of heating, lighting, ventilating
and comfortable seating for churches, also to secure cuts, drawings and
working plans of church buildings which conform to Free Methodist standards,
and to make such information and plans available for societies desiring
to build; and all societies intending to build are urgently requested to
secure such information from the Executive Commission and to make such
use of it as local conditions will permit.
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