300. Lease, Purposes.—A religious literary society and scientific corporation has power to lease part of a building owned by it for theatrical and operatic purposes.[532]
301. Salary, Lien, Equity.—The church building and the land on which it stands have been held subject to the payment of a debt due for the salary of a pastor of the congregation owning such property.[533] A contractor is entitled to a lien on the church property for work done on the building.[534] A person who became liable for the debts of the congregation incurred in the purchase of church property, obtained relief in equity [pg 162] by subjecting the church property to a sale.[535]
302. Bankruptcy, Creditors.—There is no provision of law for a church corporation to make an assignment in bankruptcy. However, the church corporation may be sued and a receiver appointed to take possession of the property and sequester the assets.[536] But where assignments in bankruptcy and a sale and conveyance of church property are lawful, the church property may be assigned for the benefit of the creditors.[537]
303. Jurisdiction, Process.—In order to obtain jurisdiction where there are contentions between various persons claiming to be officers, the only safe rule is to serve the process on all those who are in the offices or claim the offices upon the occupants of which the papers must be served.[538]
304. States, Property, Restrictions.—Some States restrict the quantity and use of property that a religious society or church may hold. Other States have no restrictions; but nearly all the States have some statutory law on the subject, which is changed so frequently that it would be useless [pg 163] to give the provisions of such law in this work.[539]
305. Land, Limitation.—A statute of Illinois relating to Catholic societies contains no limitations on property rights, but it was held that the general law applied, and that an organization having ten acres could not acquire additional land by devise. A conveyance of land to a corporation after it has taken all the land allowed by law, is void.[540] In Kentucky where a church is limited to fifty acres and a devise was made to a church for the benefit of foreign missions, it was held valid under a statute providing that all devises for relief of aged, impotent, poor people, churches, or for any other charitable or humane purposes, shall be valid.[541] Maryland's peculiar law by which leave must be obtained from the Legislature for a conveyance of more than two acres of land, has been construed to give the Legislature authority to ratify a conveyance that otherwise would be void under the statute.[542] Also, it was held in the same case that a church might acquire more land, but that [pg 164] it would be restricted with regard to its use. A statute prohibiting a religious society from holding more than twenty acres of land applied to a single religious society and not to the denomination.[543] Where the territorial law provided that no religious corporation should hold real estate of greater value than $50,000, a receiver was appointed for the Mormon corporation.[544]
306. Corporations, Bequests.—Foreign religious corporations may be entitled to recover bequests made to them in some States; but the general rule is that a foreign religious society has no better right to take property by devise than a domestic corporation.[545] When the statute requires a conveyance to specify the purpose for which a religious society takes land, the failure to so specify renders the deed void.[546] But the Young Men's Christian Association was declared not within the limitation because it was not formed for pecuniary benefit and profit and was not under the control of any one denomination nor formed for religious worship.[547]
307. Collateral Attack.—A devise of land to a religious society which will increase the title beyond the amount that is allowed by statute, can not be attacked collaterally by a private individual.[548] It is for the State and not for the individual to make inquiry into excess on the part of a religious society in its accumulation.[549]