§ 308:8 — Procedure; Notice

When in the judgment of the state body of any denomination, or, in case there is no state body, of the superior body of such denomination, any church or religious society affiliated with such denomination shall have become extinct under the definition of RSA 308:7, such body may file, in the superior court for the county in which such church or religious society has been theretofore situated, a bill in equity setting forth the facts and asking that the title to the property of such church or religious society, real and personal, including invested and uninvested funds, be vested in such body. In every such bill in equity, the church or society alleged to be extinct shall be named as defendant. Summons shall be issued and served as provided for in other equitable proceedings; and if no officer of such church or society can be found upon whom service of process can be had, the court, upon affidavit showing such fact, may order notice to be served upon some one or more members of such church or society; and, if no such officer or member can be found, the court, upon affidavit showing such fact, may order notice by publication. Notice shall also be given to the attorney general.

Legislative History

1931, 9:1. RL 283:8. RSA 308:8.