under as "Evangelical Lutheran deaf mute institutions"; those founded under act number one hundred thirty-five of the public acts of eighteen hundred sixty-seven, known as industrial and charitable schools; and such other schools, colleges, and institutions of like character and purpose as may be formed hereafter under this act: Provided, That any corpor- Proviso. ation heretofore formed under any law of this state for educational purposes shall have all of the rights, powers, privileges and immunities enjoyed under its act of incorporation and without regard to the classification made in this chapter, and upon complying with the provisions hereof shall have such additional rights, powers, privileges and immunities as are conferred hereunder according to the classifications prescribed in this chapter: Provided further, That any corporation here- Further protofore formed under act number three hundred fifty-nine, pub- garten institulic acts of nineteen hundred thirteen, and known thereunder tions. as "kindergarten institutions," shall hereafter be classified under class (b) of sections two and four of this chapter. viso, kinder to set forth. (159) SEC. 4. The articles of every such corporation shall Articles, what clearly set forth briefly the educational system of the institution to be founded and the character of the degrees, honors, diplomas, or certificates which it proposes to grant. If a college or university, the articles shall state the number and name of the faculties to be established; and if a denominational religious school or college, the name of such denomination and the body supporting or controlling the same; and such articles shall in other respects comply with the requirements of this act. Any such corporation may, by increasing its capital to a higher class and amending its articles, assume the powers and privileges of such higher classification as it may thereby be entitled to as defined in this chapter. (160) SEC. 5. The directors or trustees of any such cor- May accept gifts, etc. poration may accept gifts, devises, legacies or bequests, of personal or real property, or the principal or interest of any money or other fund, in trust for the benefit of such institution or particular faculties, departments or other special purposes thereof; and such trustees or directors shall hold and dispose of such trust funds in accordance with the directions and wishes of any of the donors in each case; and shall account for all such funds and property in such manner and at such times as may be appointed in the instrument, deed or will accompanying the donation or as provided by law or the arti cles or by-laws of such corporation, made pursuant thereto. Where no other provision is made with respect thereto, the directors or trustees of every such corporation shall be governed as to their duties, powers and responsibilities, by the general provisions of this act respecting such boards; and as to their trusteeship of property they shall be governed by the provisions of this act governing trustee corporations. (161) SEC. 6. The control of the business and secular af- Board of difairs of every such corporation shall be vested in a board of rectors. Powers. Diplomas, etc., privileges, etc., of holders of. Proviso. Supt. of public instruction directors or trustees. Such board shall also have exclusive control over the educational affairs and policy of such institution, and as such may: First, Appoint, employ and pay the salary of a president, or principal, and such professors, tutors, assistants, and employes, as the board shall determine necessary; Second, Direct and prescribe the course or courses of study and the rules of discipline for such institution, and enforce the same; and prescribe the tuition and other fees to be paid by students attending such institution; Third, Grant such diplomas, certificates of graduation, or honors and degrees, as the nature of the institution may warrant, or as contemplated in the articles; Fourth, Delegate to the president or principal, and the various professors and tutors, such authority over the educational affairs of the institution as the board may deem advisable; Fifth, Co-operate with other schools, colleges and educational institutions within this country in promoting the best interests of education. (162) SEC. 7. Every diploma, certificate of graduation, or other evidence of attendance at such institution, shall entitle the lawful recipient thereof to all the privileges and immunities which by custom or usage are allowed to holders of similar diplomas or certificates granted by similar institutions in this country: Provided, That as to any occupation or profession regulated by statute as to the requirements and qualifications necessary to the practice thereof, no such diploma or certificate of graduation shall entitle the recipient to any such privilege or immunity where such statutory requirements or qualifications have not been complied with. (163) SEC. 8. Every such corporation shall be subject to may inspect. the visitation and inspection of the superintendent of public instruction, in person or through visitors or inspectors appointed by him, at such times as he may fix. Said superintendent shall be empowered to ascertain and publish information upon all matters pertaining to the condition, management, instruction and practices of the corporation; and upon evidence that the property is at any time less than is required by law, or that the corporation is not otherwise complying with the provisions of this act, he shall serve notice on the corporation to remedy the defects within a reasonable time to be fixed in such notice, and in case the deficiency is not corrected within the time fixed by him, he may institute proceedings at Annual report. law for the dissolution of the corporation. Such trustees shall be required, on or before the first day of December, annually, to report to the superintendent of public instruction, a statement of the name of each trustee, officer, teacher and the number of students of such institution, with a statement of its property, the amount of stock subscribed, donated and bequeathed, and the amount actually paid in, and such other information as will tend to exhibit its condition and operations. CHAPTER 3. Ecclesiastical Corporations. Subdivision 1.-General Provisions. corporations. (164) SECTION 1. (a) The provisions of this chapter shall Ecclesiastical apply to churches and societies founded upon new doctrines and beliefs as well as to those already established and practiced. The term "church" or "church corporation" as used in this chapter shall be construed to include any church, denominational unit, or church society, as the term is commonly used and understood, but shall not apply to such organizations as Sunday schools, Epworth Leagues, Young People's Unions, Bible classes, and similar societies, organized as subordinate to and affiliated with the parent churches; (b) Whenever any number of churches or other corporations organized for religious purposes desire to unite in a central organization for the accomplishment of any common purpose they may incorporate such organization by severally adopting, at meetings specially called for the purpose, resolutions expressing their desire to become members of such corporation; and by filing duly attested copies of such resolutions together with a copy of the articles of such corporation, as in other cases of non-profit corporations. corporation. (165) SEC. 2. The articles of incorporation of any such Articles of inecclesiastical corporation shall be executed by the incorporators or persons duly designated thereunto and shall follow the form prescribed in this section, and contain such further statements as may be appropriate to each such corporation, as the law may direct or as the incorporators may deem necessary or advisable. Such form shall run as follows: "We, the undersigned, desiring to become incorporated Form. under the provisions of Act No. of the public acts of nineteen hundred twenty-one (namely, this act) do hereby make, execute and adopt the following articles of association, to-wit: First, The name assumed by this corporation and by which it shall be known in law, is "The ... church" (or other name which clearly indicates a religious society or association;) Second, The location of said church or society shall be in Third, The time for which said corporation shall be created shall be Fourth, The members of said church or society shall worship and labor together according to the discipline, rules and usages of the .. church in the United States of America (or other jurisdiction as the case may be,) as from time to time authorized and declared by the... How executed, etc. By-laws, etc. May amend articles. (here insert the name of the higher ecclesiastical body or bodies, if any, authorized to determine such question;) Fifth, And succeeding articles, if any, (containing in brief and concise language, such other and further declarations or statements pertaining to such corporation, as may be deemed necessary or advisable by the incorporators, or as may be hereinafter prescribed.) In witness whereof, we, the parties hereby associating for the purpose of giving legal effect to these articles, hereunto sign our names and places of residence. Done at the ........ of ... and state of Michigan, this (Signatures) (Acknowledgments.) (Consent if any required.) (Certificates, if any.) ..., county of (166) SEC. 3. Excepting as herein otherwise provided, such articles shall be executed, acknowledged, filed and disposed of in the same manner and with like effect as is prescribed in this act for corporations generally. Such articles may contain, among other things, specified in section two of this chapter, any provisions the incorporators may determine upon respecting the church polity or government, and the blank spaces provided for shall be filled in by words appropriate to the particular denomination or corporation being so incorporated. (167) SEC. 4. Such church corporations shall have authority to adopt by-laws prescribing the qualifications of members; the manner in which they shall be admitted, suspended or expelled; the number and official titles of the person or persons who control the temporal affairs of the corporation; their terms of office; the manner of their selection and removal from office; their respective official duties; the time and manner of calling and holding church business meetings and the number of members constituting a quorum; how far the corporation shall be subject to the approval or control of any other corporation or higher church body which corporation or body shall be named; the manner and condition under which property, both real and personal, may be acquired, held and disposed of; and such other by-laws as may be deemed necessary for the management of the affairs of such corporation. The by-laws may also prescribe how the same may be altered, amended or repealed. (168) SEC. 5. The articles of any such corporation may be amended at any meeting of the members of the corporation called for that purpose pursuant to the by-laws, by the affirmative vote of a majority of the members entitled to vote thereon present at such meeting, unless a different majority is required by the rules of discipline or by the church policy in any particular case, and it shall be the duty of the person or persons controlling the temporal affairs of the corporation (169) SEC. 6. In the case of incorporating a Sunday Sunday school school society, or other special religious society or union, not societies. being a church, but having for its object the teaching of religious principles, or the associating together for religious work, the incorporators shall subscribe articles similar to those prescribed for non-profit corporations generally, which articles shall also contain any special conditions or distinguishing principles upon which such corporation is founded, and, if connected with some organized church, the name of the church and a statement of the extent to which such church may exercise superintendence over the affairs of or discipline of the members of such Sunday school or other corporation. The cor- Powers, etc. porations referred to in this section as Sunday schools or special religious societies, shall have all the rights, privileges, immunities and powers granted by this act to non-profit corporations generally in their secular affairs; and in their religious affairs they shall be governed solely by their articles and bylaws, and the system of discipline therein adopted. (170) SEC. 7. Where no other special provision incon- May hold, sistent herewith is made in this chapter, every such church etc., property. corporation shall have power to acquire, hold, sell and convey property, both real and personal for the general purposes of such corporation and it may recover and hold the debts, demands, rights, privileges and all property, whether real or personal, of whatever sort it may be, belonging or appertaining to said church, in whatever manner the same may have been acquired, and in whose hands soever the same may be held, the same as if the right and title had originally been vested in said corporation. The board of trustees may authorize certain of the officers of said board to affix the corporate name and the seal of the corporation, and to execute and attest conveyances, notes, obligations, acquittances and all other neces 9 |