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of five acres, and all church furniture and books, for the object and uses of religious worship, are exempt from taxation, and may not be listed with the assessor; and the real estate and investments devoted to churches are made exempt from taxation for State, city and town purposes. (Ib. 250, Sec. 3; Laws of 1863-64, Ch. 479, Sec. 10.)

CHAPTER LVI.

RELIGIOUS SOCIETIES IN TENNESSEE-HOW INCORPORATEDVOTERS AND OFFICERS-POWERS-SERVICE OF PROCESS ON RELIGIOUS CORPORATION-PROPERTY, HOW HELD.

§ 769. The members of any church or religious society in the State of Tennessee, desirous of becoming incorporated, may elect trustees, not less than three nor more than nine, who must make and execute a memorandum in writing within thirty days after such election, stating the corporate name selected, the names of the trustees, the length of time for which they were elected, and the purposes of the proposed incorporation. This memorandum must be signed, proved, registered and filed as is provided for other private corporations; and thereupon such members and their successors are created a body corporate for the period specified in such memorandum, not exceeding fifty years. (Code of 1858, Title 9, Ch. 2, Art. III, Secs. 1467, 1468 and 1469.)

§ 770. Each member of a religious society thus incorporated is entitled to vote at all elections one vote, and to have an equal voice in all the deliberations of the whole body. The members of the society may fix the number of trustees,

the officers of the association, their terms of service and compensation. (Ib., Sec. 1471.)

§ 771. Any religious society thus incorporated may hold real and personal property, not exceeding in value fifty thousand dollars. It may also receive property by gift, will or devise, holding the same for the purposes of its incorporation, with all the lawful conditions imposed by the donor, and may exercise such powers as are incident to private corporations. Such religious corporation may also have succession by its corporate name for the period limited in its charter; and when no period is limited, for the longest time allowed for such incorporation, viz.: fifty years. It also has power to sue and be sued; to use a common seal, and to alter the same at pleasure; to hold, purchase, dispose of, and convey real and personal estate to the extent prescribed by law; to appoint such subordinate officers and agents as may be required, prescribe their duties, and fix their compensation; and to make by-laws for the management of its affairs. (Ib., Sec. 1472, and Art. IV, Sec. 1474.)

§ 772. The corporate powers of a religious society may be exercised by the trustees, and a majority of such trustees form a board for the exercise of such powers. A failure to elect the trustees or other officers at the proper time, does not dissolve the corporation, but their office will hold until the election or appointment and qualification of their successors. The term of office may be fixed by the charter or by-laws of the society, but if none is so fixed, such officer will hold for one year, or until the qualification of his successor. (Ib., Secs. 1479, 1481 and 1482.)

§ 773. The members of any religious society, acting as a corporation, will be presumed to be legally incorporated

until the contrary is shown; and no such franchise can be declared actually forfeited or null except in a regular proceeding brought for that purpose. And no church or religious society acting as such corporation will be permitted to set up the want of a legal organization as a defense to an action against it; nor can any person sued on a contract made with such corporation, or sued for an injury to its property, or a wrong done to its interests, be permitted to set up a want of such legal organization in his defense. (Ib., Secs. 1484 and 1485.)

§ 774. In all suits or legal proceedings, the service of a summons or notice on any trustee of the corporation is valid for the purpose of bringing such corporation into court, or for the objects of the notice. A copy of the memorandum. of incorporation, registered and filed as required, made and certified by the register or Secretary of State, to be a true copy from his office, is made receivable in evidence in any proceedings for or against the corporation. (Ib., Art. III, Sec. 1473, and Art. IV, Sec. 1486.)

775. Any religious denomination or society, whether incorporated or not, may take, by deed or otherwise, and hold, not exceeding five acres of land at one place for the purposes of public worship. All lands bought, or otherwise acquired, by any religious denomination or society, will be vested in a board of trustees or other persons designated by the members of such denomination or society, for the use and benefit thereof. (Ib., Title 10, Chap. 1, Secs. 1508 and 1509.)

776. The form of the certificate of incorporation of a religious society prescribed for the State of Iowa, will answer for the memorandum of incorporation in this State, with such changes and additions as will readily suggest

themselves by consulting the law as laid down in this chapter. No special form is thought necessary to be given in this place, but the form prescribed for the State of Iowa may be referred to. (Ante, Sec. 678.)

CHAPTER LVII.

RELIGIOUS SOCIETIES IN MISSISSIPPI

-

-HOW INCORPORATED

RIGHT TO PROPERTY-POWERS OF THE CORPORATION-MARRIAGES BETWEEN MEMBERS OF RELIGIOUS SOCIETIES.

§ 777. Persons desiring to be incorporated as a religious society in the State of Mississippi, may prepare a charter, drawn up on parchment or paper, which must be headed "the charter of incorporation of," and contain a clear and definite statement of the purposes for which the corporation is created, the names of the persons or designation of the inhabitants incorporated, the corporate name by which it is to be known, the powers to be exercised, the period for which such corporation is to exist, if it is to be limited in duration, together with whatever else may be necessary to be stated. The charter so proposed must be submitted to the governor for his approval, who must take the advice of the attorney-general as to the constitutionality of the provisions of such charter, and if the governor approve it, he must write his approval at the bottom of it, and sign his name thereto, and cause the great seal of the State to be affixed thereto by the Secretary of State. The gover nor, however, may require amendments or alterations to be made to such proposed charter previous to signing the same, or if deemed expedient by him, he may withhold his

approval entirely. (Revised Code, 1857, Chap. 35, Sec. 1, Art. I.)

§ 778. Upon the approval of the charter by the governor, the powers specified in such charter will be vested in the corporation, and the corporation will go into effect and operation at the time and on the terms specified, subject, however, to be repealed by the legislature of the State. In like manner the charter may be amended or renewed. In case of renewal merely, it will be sufficient for the governor to give a certificate that the original charter is renewed, under the great seal of the State. (Ib.)

§ 779. Every charter so granted, and every amendment and certificate of renewal, must be recorded at length in the office of the Secretary of State, in a well bound book to be kept by him for that purpose; and for making such record he may charge ten cents for every hundred words. The original must be delivered to the parties, and a certified copy is made admissible in evidence in all courts of justice in the State. The Secretary of State is required to furnish such certified copy to any person demanding the same, at a like charge as for recording the original. (Ib., Art. II.)

§ 780. Every religious corporation has succession for the time limited in the charter, and if no time be limited, then perpetual succession; they may determine the manner of calling and conducting meetings, and the number of members to constitute a quorum; they may elect all necessary officers, and prescribe the salaries and terms of officers; they may sue and be sued, and prosecute and be prosecuted to judg ment and satisfaction, before any court of justice in the State; they may each have a corporate seal; they may contract and be contracted with, within the limits of their corporate powers; they may sell and convey their real estate,