case of the refusal or neglect of the district attorney to give the certificate required, the parties may take rule on him to show cause, as in the last preceding section specified. The certificate of the district attorney, or opinion of the judge, must be recorded in the manner and form in this chapter specified. (Ib., Sec. 3.)

§ 792. Such religious corporation will have full power and authority to make, have and use a common seal, with such device and inscription as it shall deem proper, and the same to break, alter and amend at pleasure; and by the name, style and title provided and declared as aforesaid, is made capable in law to sue and be sued, and is authorized and empowered to make rules, by-laws and ordinances, and to do every thing needful for its good government and support, not repugnant to the Constitution and laws of the United States, to the Constitution and laws of the State, or to the instrument upon which the corporation is formed and established. (Ib., Sec. 4.)

§ 793. Such corporation is also made capable in law, according to the terms and conditions upon which the same is formed and established, to take, receive and hold all manner of lands, tenements, rents, and hereditaments, and any sum of money, and any manner and portion of goods and chattels, given and bequeathed unto it or acquired by it in any manner, to be employed and disposed of according to the objects, articles and conditions of the instrument upon which such corporation is formed and established, or according to the articles or by-laws of such corporation, or by the will and intention of the donors. (Ib., Sec. 5.)

§ 794. No such religious corporation, however, can hold property of a value exceeding three hundred thousand dollars; and no church corporation or minister of the Gospel,

for himself or the benefit of a church corporation, is allowed to accept a bequest made in articulo mortis. (Ib., Sec. 6.)

§ 795. In all cases where a religious corporation as well as other corporations, shall commit trespass, or do any thing for which an action for damage lies, such religious corporation is made liable to be sued in the parish where such damage may be done or trespass committed. (Ib., Sec. 42.)

§ 796. Religious corporations in this State are organized and incorporated in the same manner, and for the most part enjoy the same privileges, and are liable to the same condi tions as corporations for literary, scientific and charitable purposes. (Ib., Sec. 1.)

797. Whenever the charter of any religious corporation shall be declared forfeited by a competent court, the district attorney of the district is required forthwith to inform the governor of the fact, who must thereupon appoint a liquidator to take charge of and liquidate the affairs of the corpora tion, as in case of insolvencies of individuals. In case of death, resignation or removal of any liquidator so appointed, the governor must fill the vacancy; and in case of refusal of any person appointed to act as liquidator, the governor must appoint the district attorney of the district, who will not be required to give bond or security. (Ib., Sec. 48.)

§ 798. When church membership is a necessary qualification of the trustees who are to manage the affairs of the corporation, a trustee who withdraws himself from the church and joins a church of another denomination, which latter church prohibits a connection by its members with the former, such trustee will be considered as having abandoned his office of trustee, and as having no further interest in the pro

perty of the church he has left. No act of the board of trustees of a religious society can be done affecting the ownership of property, except by a resolution of the board when regularly constituted and sitting in consultation. (Ross v. Crockett, 14 Lou. An. R., 811.)

CHAPTER LIX.

RELIGIOUS SOCIETIES IN ARKANSAS-NO RELIGIOUS CORPORATIONS SOCIETIES RECOGNIZED-TRUSTEES HAVE POWERS.

m

§ 799. They have no religious corporations in the State of Arkansas under any general incorporating act, though religious societies and churches are recognized and protected in their rights.

§ 800. All lands and tenements, not exceeding forty acres, which may be conveyed by purchase, to any person or persons as trustee or trustees, in trust for the use of any religious society within the State, either for a meeting-house, burying-ground, camp-ground, or residence for their preacher, are made by statute to descend, with the improvements and appurtenances, in perpetual succession, in trust to such trustees as may from time to time be elected or appointed by any such religious society, according to the rules and regulations of such society. (Digest of Stat. of 1858, Ch. 144, Sec. 1.)

§ 801. The trustee or trustees, for the time being, of any religious society, elected or appointed as aforesaid, are declared to have and possess the same power to defend and [Tr.]

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prosecute suits at law or in equity, and do all other acts for the protection, improvement and promotion of such property, as individuals may do in relation to their individual property. (Ib., Sec. 2.)

§ 802. If any person shall wilfully and maliciously injure or destroy any church, meeting-house, or camps on any campground used for public worship, or any furniture appertain ing thereto, such person is deemed guilty of a misdemeanor, and on conviction, in addition to the penalty prescribed, the jury must assess the damages sustained by any such religious corporation or society, and the court is required to enter judgment against the offender in favor of such congregation or society for double the damages found by the jury. (Ib., Ch. 51, Art. VI, Sec. 4.)

CHAPTER LX.

RELIGIOUS SOCIETIES IN TEXAS- -HOW INCORPORATED- -MODE OF PROCEEDING-TRUSTEES-LANDS OF, EXEMPT FROM TAXATION -TITLE TO CERTAIN PROPERTY CONFIRMED.

§ 803. In the State of Texas religious societies are incorporated by a very plain and simple method. Any denomination of christians, or citizens of any neighborhood, may appoint a board or boards of trustees for meeting-houses, camp-grounds, parsonages and school-houses. (Digest of Laws of 1859, Art. 2062.)

§ 804. Each denomination is allowed to adopt its own method of appointing trustees. When any church or deno

mination of christians shall make an appointment of trustees, a certificate of their appointment must be made out and signed by the proper officer or officers of the church or denomination making the appointment. Within sixty days after such appointment of trustees, the certificate of appointment, signed as aforesaid, must be forwarded to the office of the recorder for the county in which such appointment shall have been made, for the purpose of having it recorded. (Ib., Art. 2063.)

case.

§ 805. All vacancies in boards of trustees must be filled by the church or denomination having jurisdiction in the If any board of trustees should happen to be dissolved by death, resignation or otherwise, it is made lawful for the church or denomination having jurisdiction in the case to appoint a new board of trustees in the manner hereinbefore indicated in this chapter. (Ib., Art. 2064.)

§ 806. When a board of trustees shall be constituted as aforesaid, they are declared to be considered in law and equity, a body politic and corporate, and capable of making contracts, of suing and being sued, of pleading and being impleaded, of receiving and holding (in trust) lands and other property for the purpose of building meetinghouses, camp-grounds or parsonages for the benefit of the church or denomination appointing them; and in all cases such trustees are made accountable to the power appointing them for the faithful performance of their duty; and the church or denomination having jurisdiction may remove them from office at any time for delinquent conduct. (Ib., Art. 2065.)

§ 807. All lands, not exceeding ten acres in each case, held by such trustees for any one or all the purposes named, together with the buildings, improvements and furniture