Page:1862 Territory of Dakota Session Laws.pdf/434

CHAP. LXVII.] of this act, all the estate, real and personal, which shall have been lawfully conveyed to the said church or religious society, or to the trustees or vestry thereof in trust for the use of such church or society, whether by devise, gift, grant, purchase, or otherwise, and not lawfully disposed of, shall thereupon vest in said corporation as fully and amply as if the said church had been legally incorporated from the date of its religious organization: Provided, always, That the name or title publicly assumed or borne by such church or society from the date of its organization as such, and none other, shall be the title by which it shall forever be known in law, and as a body politic and corporate.

. 25. It shall be lawful for the male persons of full age, of any church or congregation in communion with the Protestant Episcopal church in the territory, who shall have belonged to such church or congregation for the last three months preceding such election, and who shall have been baptized in the Episcopal church, or shall have been received therein, either by the right of confirmation or by receiving the holy communion, or by purchasing or hiring a pew in said church, or by some joint act of the parties and rector, whereby they shall have attached themselves to the Protestant Episcopal church, and not already incorporated, at any time to meet for the purpose of incorporating themselves under this act, and by a majority of voices to elect two church-wardens, and not less than four nor more than eight vestrymen, and to determine on what day of the week, called Easter week, the said officers of church-wardens and vestrymen shall annually thereafter cease and their successors in office be chosen; of which first election notice shall be given in the time of morning service, on two Sundays previous thereto by the rector, or if there be none, by any other person belonging to such church or congregation, and that said rector, or if there be none, or he be necessarily absent, then one of the church-wardens or vestrymen, or any other person called to the chair, shall preside at such election, and together with two other persons shall make certificate under their hands and seals, of the church-wardens and vestrymen so elected, of the day of Easter week so fixed on for the annual election of their successors, and of the name or title by which such church or congregation shall be known in law; which certificate being