The Historical Development of the Book of Church Order

Chapter 25 : Congregational Meetings

Paragraph 12 : On the Disposition of Property

25-12. If a church is dissolved by the Presbytery at the request of the congregation and no disposition has been made of its property by those who hold the title to the property within six months after such dissolution, then those who held the title to the property at the time of such dissolution shall deliver, convey and transfer to the Presbytery of which the church was a member, or to the authorized agents of the Presbytery, all property of the church; and the receipt and acquittance of the Presbytery, or its proper representatives, shall be a full and complete discharge of all liabilities of such persons holding the property of the church. The Presbytery receiving such property shall apply the same or the proceeds thereof at its discretion.

DIGEST: Though based on PCUS 1933, the Proposed BCO (1973) was careful to insure the rights of the congregation with the inclusion of three additional stipulations over against the text of PCUS 1933. These safeguards include "at the request of the congregation" ; "within six months after such dissolution, then..." and "at the time of such dissolution..." Since 1973 the wording of this paragraph has remained unchanged.

BACKGROUND & COMPARISON:
PCA 1973, 26-12, Adopted text, as printed in the Minutes of General Assembly, p. 144
and
Continuing Presbyterian Church 1973, 26-12, Proposed text, p. 37
If a church is dissolved by the Presbytery at the request of the congregation and no disposition has been made of its property by those who hold the title to the property within six months after such dissolution, then those who held the title to the property at the time of such dissolution shall deliver, convey and transfer to the Presbytery of which the church was a member, or to the authorized agents of the Presbytery, all property of the church; and the receipt and acquittance of the Presbytery, or its proper representatives, shall be a full and complete discharge of all liabilities of such persons holding the property of the church. The Presbytery receiving such property shall apply the same or the proceeds thereof at its discretion.


PCUS 1933, XXVIII, § 158
and
PCUS 1925, XXVII, § 158
If a church shall be dissolved by the Presbytery, or otherwise cease to exist, and no disposition has been made of its property, those who hold the title to the property shall deliver, convey and transfer to the Presbytery of which the church was a member, or to the authorized agents of the Presbytery, all property of the church; and the receipt and acquittance of the Presbytery, or its proper representatives, shall be a full and complete discharge of all liabilities of such persons holding the property of the church. The Presbytery receiving such property shall apply the same or the proceeds thereof at its discretion.

No comparable text in the following editions:
1. PCUS 1879
2. PCUS 1869 draft
3. PCUS 1867 draft

COMMENTARY:
F.P. Ramsay, Exposition of the Book of Church Order
(1898)
[no comparable text for discussion]