DECLARATION OF RIGHTS. 23

A bequest ''to my highly esteemed friend and pastor, the Reverend L. M.
Gardner," held not to come within this article, since it was to Mr. Gardner
in his personal and individual character for his own use. Church Exten-
sion, etc., v. Smith, 56 Md. 390.

Georgetown College, St. Vincent's, and St. Joseph's Orphan Asylum of
Washington, D. C., held not to be sectarian institutions or within this
article. Speer v. Colbert, 200 U. S. 143.

This article held to have no application to a deed made in 1773 (before
its adoption). Kelso v. Stiger, 75 Md. 401.

Legislative sanction.

The fact that a corporation's charter gives it power to take and hold
property to a specified amount, is not a legislative sanction under this
article; the sanction must be expressly given to each particular devise or
bequest. The fact that the bequest is made in the present tense, does not
mitigate against the power of the legislature to subsequently sanction such
bequest. Church Extension, etc., v. Smith, 56 Md. 391.

Whilst the sanction of the legislature must be expressly given to each
particular devise or bequest, when title has been acquired by deed, a gen-
eral sanction without particularizing the grant, is all that is required.
A sanction to a deed held to have been given in a corporate charter.
A deed held to vest a fee simple title in an orphan asylum; there is noth-
ing in this article to the contrary. Rogers v. Sisters of Charity, 97 Md. 554.

A reasonable time should be allowed for obtaining legislative assent to
bequests, etc., when such assent is given at the first session of the legisla-
ture after the death of the testatrix, it is in time although a final adminis-
tration account has been stated in the meantime. England v. Prince
George's Parish, 53 Md. 471.

Where A. conveys to a religious corporation and the latter conveys to
another religious corporation, which last conveyance is sanctioned by the
legislature, such sanction is necessarily a legislative assent to the first con-
veyance also. Trustees, etc., v. Jackson Square Church, 84 Md. 178.

The power given the legislature to sanction a gift, etc., wherever or
however exercised, was simply the power to remove the disability imposed
by this article; the legislature has no power to remove such disability and
at the same time to declare that an unincorporated body or association
should, when incorporated, be capable of taking, etc. State v. Warren 28
Md. 354.

Generally.

In giving the leave provided for by this article, the legislature may im-
pose conditions and limitations both as to the extent and quantity of the
estate and as to the uses to which it shall be devoted; power of a subse-
quent legislature over such conditions and limitations. The act of 1845,
chapter 384, though not in terms referring to a deed in 1841, held to be a
sufficient sanction thereof. There are two classes of sales or grants to
which this article applies; first, sales to any religious sect when the quan-
tity of land does not exceed two acres which is intended for a church, etc.,
or burying ground; and, secondly, sales where the quantity of land con-
veyed is more than two acres and the land is intended for both purposes
or for any other purpose; no leave of the legislature is necessary to vali-
date grants of the first class; contra as to grants of the second class.
Contemporaneous construction of the constitution. Catholic Cathedral v.
Manning, 72 Md. 121. And see Rogers v. Sisters of Charity, 97 Md. 554.

It cannot be inferred from the amount of consideration paid that the
grantor intended to convey an estate which the grantees were prohibited
by this article from taking. This article referred to in deciding that prop-
erty must be held and used in strict conformity with the deed, or it will
revert to the heirs of the grantor. Reed v. Stouffer, 56 Md. 254. And see
Second Universalist Society v. Dugan, 65 Md. 470.