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incorporated, it is competent for any person belonging to that church, on behalf of himself and of all others belonging to that church and entitled to the use of the funds, to come into a court of equity to enforce the execution of the trust. And if the church consists of various congregations, any one or more of such congregations, being incorporated, may in like manner enforce the execution of the trust. (Associate Reformed Church v. Trustees of Theological Seminary, 3 Gr. C. R. 77.)

CHAPTER XXXVI.

RELIGIOUS SOCIETIES IN PENNSYLVANIA-RIGHTS PRESERVEDRELIGIOUS SOCIETIES, HOW INCORPORATED-CHARTERS, HOW AMENDED POWERS OF A RELIGIOUS CORPORATION-CONVEYANCES AND BEQUESTS TO-TRUSTEES OF-PROPERTY OF, NOT SUBJECT TO TAXATION-PROPERTY OF A DIVIDED CONGREGATION-FORM OF CHARTER FOR THE SOCIETY.

§ 529. By the present Constitution of the State of Pennsylvania all the rights, privileges, immunities and estates of religious societies are preserved, and remain the same as though the Constitution of the State had not been altered or amended. (State Const., Art. VII, Sec. 3.)

§ 530. In the State of Pennsylvania, when any number of persons, who may be citizens of the commonwealth, are associated, or mean to associate, for any religious purpose, and may desire to become incorporated, they may prepare an instrument in writing, specifying therein the objects, articles, conditions and name, style or title under which they have associated or mean to associate, and exhibit the

same to the attorney-general of the commonwealth, who is required to peruse and examine the same, and then transmit the same, with a certificate thereon indorsed, testifying his opinion touching the lawfulness of the objects, articles and conditions therein set forth and contained, unto the Supreme Court of the commonwealth; and the said court is required thereupon to peruse and examine the said instrument, and to transmit it, with a certificate thereon endorsed, testifying also the opinion of the said court touching the lawfulness of the objects, articles and conditions therein set forth and contained unto the governor of the commonwealth. (Purdon's Digest of 1862, 194, Sec. 1.)

§ 531. If the attorney-general and the Supreme Court both certify their opinion as aforesaid to be that the objects, articles and conditions in such instrument set forth and contained are lawful, the governor must transmit the same to the master of the rolls, with an order thereon indorsed requiring him to enroll the same, at the expense of the ap plicants. Upon the enrollment of such instrument, the persons so associated, or meaning to associate, will, according to the objects, articles and conditions in the said instrument set forth and contained, become and be a corporation and body politic, in law and in fact, to have continuance by the name, style and title in such instrument provided and declared. (Ib.)

§ 532. Any such persons desiring to become incorporated for religious purposes and objects, may in like manner prepare such instrument in writing, and present the same to the Court of Common Pleas of the proper county in which such religious corporation is intended to be situated; and the court is required to peruse and examine the same, and if the objects, articles and conditions therein set forth and contained shall appear lawful, and not injurious to the com

munity, such court must direct said writing to be filed in the office of the prothonotary of said court, and also direct notice to be inserted in one newspaper printed in the proper county, for at least three weeks, setting forth that an application has been made to said court to grant such charter of incorporation; and if no sufficient reason is shown to the contrary, the court may, at the next term thereafter, decree and declare, by an order indorsed on said instrument, attested in the usual manner by the prothonotary, under the seal of said court, that the persons so associated shall, according to the articles and conditions in said instrument set forth and contained, become and be a corporation or body politic; and further direct that said charter of incorporation shall be recorded in the office for the recording of deeds in said county. (Ib., page 196, Sec. 11.)

§ 533. On the instrument aforesaid being recorded as aforesaid, the persons so associated, or meaning to associate, will, according to the objects, articles and conditions in such instrument set forth and contained, become and be a corporation or body politic in law and in fact, to have continuance by the name, style and title in such instrument provided and declared. The usual fees allowed by law for equal or similar services may be received by the respective county officers performing such services, and all the expense of procuring such charter of incorporation and recording the same, must be borne by the persons applying for the same. After such charter is recorded, the same must be duly certified to be recorded, and delivered over to the applicants, and a copy of the record, duly certified, is made as good evidence as the original might or could be. (Ib. and Sec. 12.)

§ 534. In case any religious corporation desires to improve, amend or alter its charter, it can do so by specifying the

improvements, amendments or alterations which are or shall be desired, and the same to exhibit and present to the attorney-general and Supreme Court as aforesaid, who must in like manner successively certify their opinion to the gov ernor of the commonwealth touching the lawfulness of such improvements, amendments or alterations; and the same being certified, as aforesaid, to be lawful, must in like manner be directed by the governor to be enrolled by the mas ter of the rolls at the expense of the applicant; and upon such enrollment the same will be taken and deemed to be a part of the instrument upon which such corporation was formed and established, to all intents and purposes as if the same had originally made a part thereof. (Ib. 195, Sec. 2.)

§ 535. The application to amend the charter of incorpo ration must be made by the corporation in its corporate capacity. And the proposed amendments are not to be deemed the act of the corporation, merely because the corporate seal is affixed. In case of question in regard to it, the court will look beyond the seal, and inquire in what manner and by what authority it was affixed. When there are different classes in the society, as in the Roman Catholic, the clerical and the lay, the majority of each class must consent before the charter can be altered, if there be no provision in the original charter respecting alterations. Neither can a charter be amended on the vote of a majority, at a stated meeting, convened without notice of the intended proposition to alter the charter. A notice that an alteration in the constitution will be proposed at a meeting, must be given to all parties interested; otherwise a bare majority will not be held sufficient. (Case of St. Mary's Ch. 6 Serg. and Rawle, 498; 7 Ib. 517; National Literary Association, 30 Penn. S. R. 150.)

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§ 536. When the original charter of a religious society is procured by application to the Court of Common Pleas as hereinbefore specified, the application for improving, amending or altering such charter will have to be made to the same court, or to the court of quarter sessions of the commonwealth, and similar proceedings had as upon the granting of the original charter. (Purdon's Digest, 1862, page 197, Secs. 18 and 19.)

§ 537. Every religious society duly incorporated, and the successors thereof, possess full power and authority to make, have and use one common seal, with such device and inscription as they may deem proper, and the same to break, alter and renew at their pleasure; and by the name, style and title provided and declared in the charter as aforesaid, will be able and capable in law to sue and be sued, plead and be impleaded, in any court or courts, before any judge or judges, justice or justices, in all manner of suits, complaints, pleas, causes, matters and demands whatsoever, and all and every matter or thing therein to do, in as full and effectual a manner as any other person or persons, bodies politic and corporate, within the commonwealth, may or can do; and will be authorized and empowered to make rules, by-laws and ordinances, and to do everything needful for the good government and support of the affairs of such religious corporation; provided that such rules, by-laws and ordinances, or any of them, be not repugnant to the Constitution and laws of the United States, and of the commonwealth, or to the instrument upon which such corporation was formed and established. (b. 195, Sec. 3.)

§ 538. Every such religious corporation, by the name, style and title by it provided and declared as aforesaid, will also be able and capable in law, according to the terms and conditions of the instrument upon which the corporation

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