United States Statutes at Large/Volume 5/28th Congress/1st Session/Chapter 101
Chap. CI.—An Act concerning conveyances, or devises of places of public worship in the District of Columbia.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,All conveyances, &c. of places of public worship to be held by trustees for the purpose of the trust. That when any lot, or part of a lot, tract, or parcel of land has been heretofore conveyed or devised, to one or more trustees, for the use and benefit of any religious congregation as a place of public worship, the same, and all buildings and other improvements thereupon, shall be held by such trustee or trustees (or their successors) for the purpose of the trust, and not otherwise.
Not to be void for want of trustees.Sec. 2. And be it further enacted, That when any conveyance or devise has been heretofore, or shall hereafter be made, of such property for the use, and benefit, and purpose aforesaid, the same shall not be void or frustrated by reason of the want of trustees to take and hold the same in trust, but trustees may be appointed in the manner hereinafter directed.
Circuit court may appoint trustees, and legal titles to be in them and their successors.Sec. 3. And be it further enacted, That when such conveyance or devise has been heretofore, or shall hereafter be made, whether by the intervention of trustees, or not, the circuit court of the District of Columbia, sitting in the county where such property is, or may be situated, shall, on application of the United States attorney for the District of Columbia, on behalf of the authorized authorities of any such religious congregation, have full power and authority to appoint trustees, originally, when there are none, or to substitute others, from time to time, in cases of death, refusal, or neglect to act, removal from the county, or other inability to execute the trust beneficially and conveniently; and the legal title shall thereupon become exclusively vested in the whole number of the trustees and their successors.
Majority of acting trustees may sue and be sued, &c.Sec. 4. And be it further enacted, That a majority of the acting trustees for any such congregation may sue and be sued in their own names, in relation to the title, possession, or enjoyment of such property without abatement by the death of any of the trustees, or substitution of others; but the action or suit may, notwithstanding, be, prosecuted to its final termination in the names of the trustees by or against whom the same was instituted, and all other proceedings had in relation thereto, in like manner as if such death or substitution had not occurred:Proviso. Provided, however, That such trustees, for the use of any religious congregation, shall not hereafter take or hold at any one time, any tract of land in the county exceeding in quantity fifty acres, or in any incorporated town exceeding three acres;Property only to be held for religious purposes. nor shall such real property be held by them for any other use than as a place of public worship, religious or other instruction, burial ground or residence of their minister.
Approved, June 17, 1844.