§ 40. Meeting for incorporation. Notice of a meeting for the purpose
of incorporating an unincorporated Protestant Episcopal parish or
congregation, and of electing the first churchwardens and vestrymen
thereof, shall specify the object, time and place of such meeting, and
shall be made public for at least two weeks prior to such meeting,
either by open reading of such notice in time of divine service, at the
usual place of worship of such parish or congregation, or by posting the
same conspiciously on the outer door of such place of worship. Only
persons of full age who have been regular attendants at the worship of
such parish or congregation and contributors to the support thereof for
one year next prior to such meeting, or since the establishment of such
parish or congregation, shall be qualified to vote at such meeting. The
presence of at least six persons qualified to vote thereat shall be
necessary to constitute a quorum of such meeting. The action of the
meeting upon any matter or question shall be decided by a majority of
the qualified voters voting thereon, a quorum being present. The
officiating minister, or if there be none, or he shall be necessarily
absent, any other person qualified to vote at the meeting, who is called
to the chair, shall preside thereat. Such presiding officer shall
receive the votes, be the judge of the qualifications of voters, and
declare the result of the votes cast at such meeting. The polls of the
meeting shall remain open for one hour or longer, in the discretion of
the presiding officer, or if required by a vote of the majority of the
voters present. The meeting shall decide whether such unincorporated
parish or congregation shall become incorporated. If such decision be in
favor of incorporation, such meeting shall decide upon the name of the
proposed corporation; what day, either a Sunday or a secular day, shall
be the date of the regular annual election; whether the vestrymen
thereof shall be three, six, nine, twelve, fifteen, eighteen, twenty-one
or twenty-four; and shall elect by ballot from the persons qualified to
be voters thereat, who have been baptized, one-third of the number of
vestrymen so decided upon to hold office until the first annual election
to be held thereafter, one-third of such number, to hold office until
one year after such annual election, and one-third of such number to
hold office until two years after such annual election; and shall elect
from such qualified voters who are communicants in the Protestant
Episcopal church, two persons to be churchwardens thereof, one to hold
office until such annual election, and one to hold office until one year
after such annual election.