Whereas petitions are frequently presented to the Legislature of the State to incorporate religious societies and whereas, if said acts of incorporation were
granted it would lead to an endless system of partial legislation; And whereas all
religious societies of every denomination should receive equal protection and encouragement
from the legislature, and no one society be granted exclusive privileges: Therefore,
Sec[Section] 1 Be it enacted by the people of the State of Illinois represented in the General Assembly; That it shall be lawful for the members of any society or congregation heretofore
formed in this state for purposes of religious worship, and for members of any society or congregation
which may hereafter be formed for the purpose aforesaid, to purchase a quantity of
land not exceeding ten
^five^ acres, and to erect or build thereon such houses and buildings as they may deem necessary
for the purposes aforesaid, and to make such other use of the land, and make such
other improvements thereon as may be deemed necessary for the comfort and convenience
of such society or congregation; and such society or congregation may assume a name
and elect
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or appoint any number of trustees not exceeding ten who shall be styled trustees of
such society or congregation by the name assumed1; and the title to the land purchased and improvements made shall be vested in the
trustees by the name and style assumed as aforesaid.
Sec 2 Immediately after the election or appointment of trustees by any society or congregation
as aforesaid, the persons elected or appointed shall make a certificate under their
hands and seals stating the date of their election or appointment; the name of the
society or congregation and the length of time for which they were elected or appointed;
which shall be verified by the affidavit of some one of the persons making the same;
and shall be recorded by the Recorder of the county in which such society or congregation
may be formed, and the said trustees shall hold their office for and during the period
stated in the certificate aforesaid. And2 at the expiration of their term of service, and forever thereafter at the expiration
of the term of service of any trustee elected or appointed as aforesaid the said society
or congregation
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shall elect or appoint successors who shall in like manner continue in office for
such period as may be limited by the society or congregation, and a certificate of
their election or appointment shall be made by the trustees whose term of service
shall have expired, which shall be verified by affidavit and recorded as provided
in the election or appointment of trustees in the first instance
Sec 3 The trustees elected or appointed under the provisions of this act and their successors
shall have perpetual succession and existance; and the title to land herein authorized to be purchased; and to the buildings and
improvements thereon shall be vested in the said trustees by their assumed name and
their sucessors forever. And the same shall be held for the uses and purposes herein named and for
no other; and such trustees shall be 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 or equity whatsoever, in and by the name and style ^assumed^ as aforesaid; and shall have power, under the directions of the society or congregation
to execute deeds
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and conveyances of and concerning the estate and property herein authorised to be held by such society or congregation. And such deeds or conveyances shall have
the same effect as like deeds or conveyances, made by natural persons: Provided that
no deed or conveyance shall be made of any estate held as aforesaid, so as to defeat
or destroy the interest or effect of any grant[,] donation[,] or bequest which may be made to any such Society or congregation; but all grants[,] donations[,] and bequests shall be appropriated and used as directed by the person or persons
making the same.
Sec 4 Every society or congregation formed as aforesaid shall have 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
Sec 5 Upon the disolution of any society or congregation formed under the provisions of this act, the estate
and property of such society or Congregation
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Shall 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 provisions of this
act such election or appointment should be had, shall not work a disolution of the society or congregation, but the trustees last elected or appointed shall
be considered as in office until another election or appointment shall take place.
This act shall take effect on the first day of March next.
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[01]/[24]/[1835]
2
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[01]/[24]/[1835]
[01]/[24]/[1835]
Engrossed.
Handwritten Document, 10 page(s), Folder 217, SB 59, GA Session: 9-1,
Illinois State Archives (Springfield, IL),