any such corporation, of any real estate, or of money securities, or other thing of value, to be laid out in real estate, must be by deed duly executed, delivered, acknowledged and recorded, at least one year before the death of the donor or grantor, to take effect presently for the use of the corporation, and without any power of revocation, trust, condition or limitation whatever, or the same will be void, unless such grant shall be really and bona fide for a full and valuable consideration actually paid, without fraud or collusion, before executing such deed. (Ib., Sec. 10.)

§ 711. The yearly rents and profits of the whole real estate held or enjoyed by or for any such corporation, cannot legally exceed three hundred dollars; and the yearly interest or income of all its personal property cannot exceed six hundred dollars; although it is provided that all real estate, bona fide given or granted by will, deed or other conveyance to any religious society or congregation, or to any one in trust for them, or to their use, before the twentieth of October, A. D., 1744, shall be for the use of the same, according to the intent of the donor or grantor, and the form and effect of the will, deed or conveyance; provided the said society or congregation shall have been, for twenty years hitherto, in the adverse and quiet possession of the same. (Ib., Secs. 11 and 12.)

CHAPTER XLIX.

RELIGIOUS SOCIETIES IN MARYLAND HOW FORMED THE TRUSTEES-POWERS OF CORPORATIONS-QUALIFICATION OF VOTERS IN-CORPORATE AGREEMENT TO BE RECORDED EPISCOPAL CHURCHES, HOW INCORPORATED.

§ 712. In the State of Maryland it is declared by general statute, that in every Christian church, society or congrega tion, of whatever sect, order or denomination, known and acknowledged in the State, and protected in the free and full exercise of their religion by the constitution and laws thereof, there shall be sufficient power and authority in all the male persons, above twenty-one years of age, belonging to any such church, society or congregation, to elect, at their discretion, certain sober and discreet persons, not less than five nor more than thirteen; which persons, so elected, upon being registered as hereinafter directed, are constituted a body politic or corporate to act as trustees in the name and behalf of the particular church, society or congregation for which they are respectively chosen, and to manage the estate, property, interest and inheritance of the same. (1 Code of General Laws of 1860, Art. XXVI, Sec. 88.)

713. The trustees so elected are declared to have perpetual succession by their name of incorporation, and are capable in law to purchase, take and hold, to them and to their successors, in fee or for a less estate, any lands, tenements or hereditaments, rents or annuities, goods or chattels within the State, by the gift, bargain, sale or devise of any person, body politic or corporate, capable of making the same, and to use or lease, mortgage or sell and convey the same in such manner as they may judge most conducive to

the interests of their respective churches, societies or corporations, unless the property so held by such religious corporation be so held under an instrument prohibiting such sale; and, provided the yearly value of the estate of any such church, society or congregation (exclusive of the rents of pews, collections in churches, funeral charges, and the like) shall not exceed the clear yearly value of two thousand dollars. (Ib., Sec. 89.)

§ 714. Every such body politic must be chosen, and the succession kept up, at such times and places as are ordinarily used for public meetings of the said church, society or congregation, and by such persons as are allowed to have a voice in the management and direction of their congregational or temporal concerns, according to the known custom and usage of their respective denominations; or the said body politic or corporate must be chosen, and the succession kept up, according to the rules, regulations and practice that may have been heretofore adopted and agreed upon, or that may be at the first time of electing agreed upon and adopted by any particular church, society or congregation, for directing or managing their congregational or temporal affairs. (Ib., Sec. 90.)

§ 715. Every trustee, or member of any such corporation, must be of the same religious sect or denomination with the church, society or corporation by which he is chosen. The minister for the time being, or senior minister when there are more than one settled in any church, society or congregation, will always, in virtue of his ministry, be a member of the body politic or corporate, belonging to the same, exclusive of the number heretofore prescribed. (Ib., Secs. 91 and 92.)

§ 716. Should any contest arise in any church, society or

congregation, about the right of voting, or whether the election has been fairly conducted, agreeably to the true intent and meaning of the article herein referred to, the parties contending must each of them choose one discreet and reputable person from amongst the members or trustees of some neighboring congregation or society of the same religious persuasion, if any such there be, and, if none such, then to any other christian society, which two persons must choose a third, qualified in like manner; and the said three persons must meet at the place where the difference has arisen and hear and determine upon the matter, and their judgment or award, or the judgment or award of a majority of them, certified under their hands and seals, to the contending parties, is made final. (Ib., Sec. 93.)

§ 717. At the first election or appointment of every body politic or corporate aforesaid, every church, society or corporation assembled as already directed, must determine on their plan, agreement or regulation, specifying distinctly the time and manner of electing trustees, and the manner in which the succession shall be perpetuated, and containing an exact description of the qualifications of the persons severally electing and elected, and to elect and to be elected thereafter, and also the name, style or title of the corporation by which it shall thereafter be known, and the name of the church, society or congregation choosing the same, (Ib., Sec. 94.)

§718. The plan, agreement or regulation must be entered in the book hereinafter directed to be kept by every such corporation, and the same must be acknowledged by the trustees, or a majority of them, before and certified by two justices of the peace of the county in which the said church, congregation or society, or the greatest number of them, shall reside, or the same may be acknowledged before and certified by a judge of the Circuit Court, after being well [Tr.]

20

assured by the said trustees, or a majority of them, that the proceedings have been legally and duly conducted. (Ib., Sec. 95.)

§719. The plan or agreement so acknowledged and certified must be filed, by the said trustees, with the clerk of the Circuit Court of the county where the said church, society or congregation, or the greater part of them reside, or the clerk of the Superior court of Baltimore city, if they, or the greater part of them, reside in the city of Baltimore, within six months after such acknowledgment shall be made, and the same must be recorded, at the expense of the corpora tion, in a book to be kept for that especial purpose. If any change should be made in the original plan, by authority of the congregation, such change must, in the same manner, be made known and recorded. (Ib., Secs. 96 and 97.)

§ 720. Every such religious corporation or body politic, their successors, or a majority of them, may appoint the times and places of their meeting, and the number necessary to constitute a quorum, and must provide and keep a good and sufficient record book, and cause to be therein registered all their proceedings, subject at all times to the inspection of the several members of the church, society or congregation; and the same must be laid before a public meeting, when required by any five or more of the same; and the said trustees, or a majority of them, have full power to frame and adopt such rules and ordinances, for conducting their concerns, as may be necessary and convenient for accomplishing the end of their institution. (Ib., Sec. 98.)

§ 721. Whenever any number of persons belonging to any church or congregation, sufficient to build a church or house of worship, and to maintain a minister, shall choose to separate from the church or congregation of which they