Page:1862 Territory of Dakota Session Laws.pdf/435

418 duly acknowledged or proved by one or more of the subscribing witnesses, before one of the judges of the supreme court or one of the judges of the court of common pleas of the county where such church or place of worship of such congregation shall be situated, shall be recorded by the register of deeds of such county, in a book to be by him provided for such purpose, and that the church-wardens and vestrymen so elected, and their successors in office, of themselves, but if there be a rector, then together with the rector of such church or congregation shall form a vestry and be the trustees of such church or congregation; and such trustees and their successors shall thereupon, by virtue of this act, be a body corporate by the name and title expressed in such certificate, with all the rights, powers, and privileges of other religious corporations, constituted according to the provisions of this act; and the persons qualified as aforesaid shall, in every year thereafter, on the day in Easter week so to be fixed for that purpose, elect such church-wardens and vestrymen; and whenever any vacancy shall happen before the stated annual election by death or otherwise, the said trustees shall appoint a time for holding an election to supply such vacancy, of which notice shall be given in the time of divine service, at least ten days previous thereto; and such election, and also the stated annual elections, shall be holden immediately after the morning service, and at all such elections the rector, or if there be none or he be absent, one of the church-wardens or vestrymen shall preside and receive the votes of the electors and be the returning officer, and shall enter the proceedings in the book of the minutes of the vestry and sign his name thereto, and offer the same to as many electors present as he shall think fit, to be by them also signed and certified; and the church-wardens and vestrymen to be chosen at any of the said elections, shall hold their offices until the expiration of the year for which they shall be chosen, and until others be chosen in their stead, and shall have power to call and induct a rector to such church or congregation as often as there shall be a vacancy therein: Provided, however, That no meeting or board of such trustees shall be held, unless at least three days' notice thereof shall be given in writing, under the hand of the rector or one of the church-wardens; and that no such board shall be competent to trans-