trustees are made capable in law to sue and be sued, implead and be impleaded, answer and be answered unto, defend and be defended, in all courts of law and equity whatsoever, in and by the name and style assumed as aforesaid; and will have power, under the direction of the society or congregation, to execute deeds and conveyances of and concerning the estate and property authorized to be held by such society or congregation, and such deeds or conveyances will have the same effect as like deeds or conveyances made by natural persons. No deed or conveyance, however, can be made so as to defeat or destroy the interest or effect of any grant, donation or bequest which may be made to such society or congregation; but all grants, donations and bequests must be appropriated and used as directed by the person or persons making the same. (Ib., Sec. 46.)

§ 615. Every society or congregation formed as aforesaid, has power to provide for filling vacancies which may happen in the office of trustee, and also to remove trustees from office, and to adopt such rules and regulations in relation to the duties of trustees, and the management of its estate, as the members may deem proper, not inconsistent with the constitution and laws of the State or the United States. (Ib., Sec. 47.)

§ 616. Upon the dissolution of any society or congregation formed as aforesaid, the estate and property of such society or congregation will revert back to the persons, their heirs and assigns, who may have given or contributed to the purchase of or payment for the same, according to their respective rights. A failure to elect or appoint trustees at any time, when, by the foregoing provisions, such election or appointment should be had, will not work a dissolution of the society or congregation, but the trustees last elected or appointed will be considered as in office until another elec

tion or appointment shall take place. In case of division of a religious corporation, the title to the church property will remain with those in connection with, and continue to conform to the usages and discipline of the organization with which they have been before connected, although they may only constitute a minority. (Ib., 981, Sec. 48; Ferraria v. Vasconcelles, 23 Ill. R., 456.)

§ 617. Any religious society may purchase, or receive by a donation, and hold any real estate, not exceeding forty acres, for the purpose of camp-meeting ground, and the lots necessary for the same; and the title to such real estate will be held by the trustees appointed by the society, and the same may become incorporated in the same manner as other trustees of religious societies. (Ib., Secs. 1 and 2.)

§ 618. The trustees of any religious society may, under the direction of the society or congregation by whom they are elected or appointed, execute mortgages or deeds of trust, in the nature of mortgages, of and concerning the estate and property which any society or congregation are authorized to hold; and such mortgages, deeds and conveyances are declared to have the same effect, and may be enforced by the same remedies and proceedings, as like mortgages, deeds and conveyances made by natural persons. (Ib., Laws of 1857.)

§ 619. The law which requires the certificate of the trus tees of any religious society, whose term of office expires upon the election of their successors, to be filed and recorded in the recorder's office of the proper county, is made to apply to the officers of any such religious society, of whatever name or title, whose duties correspond with those of trustees. The persons elected, under the law, in the capacity of trustees, whether known by the name of trustees, wardens,

vestrymen, or any other name, may assume and continue to use the name, style or description as a corporation, by which they are known in the discipline or organization of the society to which they belong, or by which they are elected, and they must, by such name, be known and described in all matters pertaining to their said corporation. (Ib., 981 and 982, Secs. 1 and 2.)

§ 620. All gifts and grants of land for the purpose of erecting a house of divine worship, must be made to the county commissioners of the proper county, and their successors in office, in trust and for the use of the persons or society therein named, and the same must be held and used by such society or persons, as therein directed, for the sole use of divine worship; and the deed must be recorded in the recorder's office of the proper county, within twelve months after the execution of the same, but in no case can a grant for the erection of a house of divine worship exceed in quantity ten acres of land. (Ib., 982, Sec. 2, title "Religious Uses.")

§ 621. Should any gift or grant, mentioned in the last preceding section, be perverted or used for any other purpose than contemplated as aforesaid, or be abandoned by the donors, it is declared to become vested in the county where the lands may lie, unless otherwise directed in the gift or grant by the donor, and the same must be sold by the order of the county commissioners of such county, and the proceeds applied for the use of education in such county. (Ib., Sec. 4.)

§ 622. In all cases in which any land or lot may be conveyed to the county commissioners, for the use of any religious society, congregation or church, or to the intent that houses should be erected thereon for purposes of divine

worship, and the society, congregation, church or person for whose use the conveyance was made, may desire to sell or otherwise dispose of the premises conveyed, and shall obtain the consent of the donor or grantor, or his heirs, or their legal representatives, to such sale or disposition, it is made the duty of the county commissioners to whom the conveyance was made, or their successors, to execute a conveyance for the same, so as to divest the legal title, and release all claim of the county to the premises conveyed. (Ib., Sec. 5.)

§ 623. All gifts, grants, deeds, wills and other conveyances wherein or whereby any lands, tenements or other property within the State have been, or may be given, devised or granted, or in any manner conveyed, by any person or persons whatever, unto any person by the name, style or title of Roman Catholic bishop of Vincennes, or Catholic bishop of Vincennes and his successors, or Catholic bishop of St. Louis, or Roman Catholic bishop of St. Louis and his successors, or to the Roman Catholic bishop of Chicago, or Catholic bishop of Chicago and his successors, or to any other person, upon the trust expressed or implied, to take, hold and receive the same for the use and benefit of any religious corporation of Roman Catholics, or other religious or charitable uses, are declared by statute to be good and valid. (Tb., 984, Sec. 1.)

§ 624. All gifts, grants, deeds, wills and other conveyances of any lands, tenements or other property within the State, given, devised or granted, or in any manner conveyed by any person or persons whatever, unto any person by the name, style or title of bishop of the Protestant Episcopal church, in the State or diocese of Illinois, or bishop of Illinois and his successors, or to any other person upon the trust, expressed or implied, to take, hold and receive the same for the use and benefit of any religious corporation of Protestant

Episcopalians, or for the support, aid or maintenance of the Episcopal church, of any hospital, church, parsonage, or other religious or charitable purpose within the State, are declared good and valid, and the same declaration is to apply to both gifts, grants, deeds, wills and other conveyances heretofore or hereafter made. (Ib., 985, Sec. 1.)

§ 625. All property owned and used for religious purposes is exempt, by law from taxation in the State. (Ib., 986, Sec. 3.)

§ 626. The certificate of incorporation of a religious society may be framed from the one prescribed for certain religious societies for the State of New York, with a trifling variation, which can easily be made by consulting the law as laid down in section six hundred and thirteen. (Ante, § 182.)

CHAPTER XLII.

RELIGIOUS SOCIETIES IN WISCONSIN-HOW ORGANIZED-TRUSTEES AND THEIR POWERS-ELECTIONS, AND QUALIFICATIONS OF VOTERS-VACANCIES IN THE OFFICE OF TRUSTEE, HOW

FILLED.

§ 627. In the State of Wisconsin, all persons of full age, belonging to any church, congregation or religious society, may assemble at the church or meeting-house, or other place where they statedly attend for divine worship, and, by a plurality of votes, elect any number of discreet persons of the church, congregation or society, not less than three nor more than nine in number, as trustees, to take charge of the estate and property belonging thereto, and to transact all