CORPORATIONS 907

A bequest to a duly organized agency of a church, for one of its corporate uses,
is in effect a bequest to the church itself in its corporate capacity. Bequest for main-
tenance of cemetery, upheld. Bd. of Foreign Missions v. Shoemaker, 133 Md. 598.

Word "church" as used in this section, means "a body of Christians worshipping in
a particular church edifice or constituting one congregation." In the law of Maryland
the word "church" is synonymous with the corporate entity holding the title to its
property. Doan v. Ascension Parish, 103 Md. 668.

In view of this section, where a religious corporation owns property in fee simple,
any restrictions upon its right to sell and convey such property can only be because
of some clear and positive provision in its charter; no .such provision found in a charter.
Starr v. Starr M. P. Church, 112 Md. 184.

This section referred to in upholding gift by will to religious corporation of New
York. Result of decision In re Stickney's Will, 85 Md. 79. Waters v. Order of the Holy
Cross, 155 Md. 156.

See notes to sec. 275.

An. Code, 1924, sec. 276. 1912, sec. 341. 1904, sec. 303. 1888, sec. 207. 1868, ch. 471,

sec. 158.

277. Every such body politic shall be chosen and the succession kept
up at such times and places as are ordinarily used for public meetings of
the said church, society or congregation, and by such persons as are allowed
to have a voice in the management and direction of congregational or tem-
poral concerns, according to the known custom and usage of their respective
denominations; or the said body politic or corporate shall be chosen, and
the succession kept up, according to the rules, regulations and practice that
may have been heretofore adopted and agreed upon, or that shall be, at the
first time of electing, agreed upon and adopted by any particular church,
society or congregation for directing or managing their congregational or
temporal affairs.

See notes to sec. 275.

An. Code, 1924, sec. 277. 1912, sec. 342. 1904, sec. 304. 1888, sec. 208. 1868, ch. 471,

sec. 160.

278. The minister for the time being, or senior minister, where there
are more than one settled in any church, society or congregation, shall
always, in virtue of his ministry, be a member of the body politic or cor-
porate belonging to the same, exclusive of the number heretofore prescribed
in section 275.

See notes to sec. 275.

An. Code, 1924, sec. 278. 1912, sec. 343. 1904, sec. 305. 1888, sec. 209.
1868, ch. 471, sec. 161.

279. If any contest shall arise in any church, society or congregation
about the right of voting, or whether the election has been fairly conducted,
agreeably to the true intent and meaning of this article, the parties con-
tending shall each of them choose one discreet and reputable person from
amongst the members or trustees of some neighboring congregation or so-
ciety of the same religious persuasion, if any such there be, and if none
such, then of any other religious society, which two persons shall choose a
third, qualified in like manner, and the said three persons shall meet at
the place where the difference has arisen, and hear and determine upon the
matter; and their judgment or award, or the judgment or award of a
majority of them, certified under their hands and seals to the contending
parties, shall be final.
See sec. 284, and notes to sec. 275.