New Jersey § acts:saved-16 - (3)

§ acts:saved-16. (3)

3. That in case of any division, secession, or separation, now existing in the said

unincorporated Society of Friends in this state, on conscientious grounds, where both

parties profess to adhere to the faith, system of discipline, constitution and government

of the said society when in unity, that then and in such case, the real estate, of

whatsoever kind (except burial grounds) of the said society, held, possessed, or owned

by the said society when in unity, or by any other person or persons, body politic

or corporate, for or to its use, or in trust for them, shall be divided between the

parties in such division, secession, or separation, equally and ratably in proportion

to the number of members of the said society who have joined or attached themselves

to either of the said parties in such division, secession or separation, in the same

manner as if they were tenants in common of the said real estate; and in case the

said members of the said society cannot, on such division, secession or separation,

agree on the division or partition of the said real estate, so as aforesaid held,

possessed, or owned by them when in unity, that then and in such case, it shall and

may be lawful for any member or members of either party, for and in behalf of himself

and themselves, and their associates, in such division, secession or separation, to

exhibit his or their bill in the court of chancery, against any member or members

of the other party in such division, secession or separation, and their associates,

for a division or partition of such real estate so held, possessed, or owned by the

said society when in unity, in the same manner as if the members of the said society

were tenants in common of the said real estate; or in case that the said real estate

is so circumstanced, that division or partition thereof cannot be made without great

prejudice to the owners, for a sale thereof, or a decree that the same may be held

and owned by the one party, on their paying to the other their proportion of the value

thereof, to be ascertained according to the course and practice of the said court,

as to the said court shall appear equitable and just; and thereupon, the same proceedings

may be had and relief given and decree made, as in justice and equity, and according

to the course and practice of the court of chancery ought to be made, always having

regard to the relative number of members belonging to said parties in such division,

and the continuance and preservation of the same trusts, uses, and purposes upon,

or for which such real estate was theretofore held, possessed, or owned; and the

members of the party in such division, secession or separation, to whom the said real

estate, or any part thereof, or the proceeds of the sale thereof, shall be decreed,

shall hold, possess, and enjoy the same, upon the same trusts and the same uses and

purposes, so far as regards the members of the said society connected with them in

such division, secession or separation, as the same was held, possessed or owned by

the said society when in unity.