RELIGIOUS SOCIETIES. 1. Grants to religious societies confirmed. 2. Power to purchase lands. 3. Their registries to be evidence. See CHARITIES. 4. Liquors not to be sold near places of worship. 5. Proceedings in case of violation. 6. Not to extend to tavern-keepers, &c. 7. Defendants may plead the general issue, &c. To recover double costs. 8. No ecclesiastical person to have capacity to transmit property in succession. Existing titles not to be affected. 9. Property subject to the lay-members. Majority of officers to be lay-members and citizens. Charters. Clergymen may be chosen trustees. Lay-members may declare trust, subject to terms of bequest, &c. Right of aliens to hold real estate. 10. Gifts to religious or charitable uses, within one month of donor's decease, to be void. 11. All gifts to charities to be subject to this act. 6 Feb. 1780-1 § 2. 1 Sm. 193. societies confirmed. 1. All sales, gifts or grants, made of any lands or tenements within the province of Pennsylvania, to any person or persons in trust for sites of churches, houses of Grants to religious religious worship, schools, almshouses, and for burying-grounds, or for any of them, shall be and are hereby ratified and confirmed to the person or persons to whom the same were sold, given or granted, their heirs and assigns,(k) in trust nevertheless, and for the use of the respective religious societies for whose use the same were at first sold, given, granted or purchased, according to the true intent and meaning of such gifts and grants.(1) And every sale, gift, grant or devise of any such trustee or trustees, or any person or persons in whose name or names the said lands for erecting churches, houses of religious worship, schools, almshouses o burying-grounds within this province, were purchased, taken or accepted, or the heirs or assigns of such trustees, shall be and are hereby declared to be for the sole use, benefit and behoof of the said respective societies, who have been in the peaceable possession of the same for the space of twenty-one years next before the 10th day of June, in the year of our Lord 1730, or for whose use the same were at first given, granted or devised, and no other.(m) 2 August 1842 § 32. P. L. 465. lands. 2. It shall and may be lawful for any religious denomination or society(n) within this commonwealth, to purchase, take, receive and hold, by deed, gift, grant or Power to purchase otherwise, lands or tenements, for the purposes of burial-grounds, churches, parsonages, school-houses and almshouses, for any estate whatsoever, and to have and to hold the same according to the respective rules and disciplinary regulations of said religious societies:(0) Provided, That nothing in this act contained shall be construed to permit any religious denomination or society, or any person in trust for them, unless specially authorized by its charter, to purchase, hold or take real estate, except for the purposes aforesaid: and so much of the act of the 6th of February 1730 and 1731, entitled "An act for the enabling religious societies of protestants, within this province, to purchase lands for burying-grounds, churches, houses of worship, schools, and so forth," as is inconsistent herewith, be and the same is hereby repealed.(p) 1700 § 1. 1 Sm. 20. 3. The registry now kept or which shall hereafter be kept by any religious society, in their respective meeting-book or books, of any marriage, birth or burial, (k) See infra 8-9. (1) A devise of land to a religious society "to build a meeting-house upon," is a fee-simple; and the trustees may sell and convey the devised estate and apply the proceeds to the same uses. Griffitts v. Cope, 17 P. S. 96. The qualification is, not of the estate granted, but of the uses to which, in such hands, it may be lawfully applied. It is not intended to prevent alienation for general purposes, but to prevent a religious society from using land for general purposes. It defines a duty of religious societies to the state, not to their grantors. Ibid. 100. (m) This being an affirmative statute, cannot be construed to prohibit a trust which derives its support from the common law. Methodist Church v. Remington, 1 W. 218. A conveyance of land to trustees, in trust for the use of a religious congregation, for the benefit of its poor, for a place to erect a church, and for a burial-ground, vests an executed legal estate in the congregation itself, not by way of charitable use, but in absolute ownership. Brendle v. German Reformed Congregation, 33 P. S. 415. And see Brown v. Lutheran Church, 23 Ibid. 499. (n) This means congregations, or distinct communities, and not particular sects or denominations. Methodist Church v. Remington, 1 W. 224. They need not be incorporated. Witman v. Lex, 17 S. & R. 88. See Unangst v. Shortz, 5 Wh. 506. Presbyterian Congregation v. Johnston, 1 W. & S. 25. Means v. Presbyterian Church, 3 Ibid. 303. App v. Lutheran Congregation, 6 P. S. 201. Trustees v. Sturgeon, 9 Ibid. 321. Skilton v. Webster, Bright. 203. Henry v. Deitrich, 84 P. S. 286. Ramsey's Appeal, 88 Ibid. 60. (6) An unincorporated religious society may sue on a contract made with them in their associate capacity, and for the legitimate purposes of their association; even though no persons be named in the contract, as trustees or committee-men, on their behalf. Phipps v. Jones, 20 P. S. 260. (p) See act 22 April 1841, P. L. 269 within this province or territories thereof, shall be held good and authentic, and 1700 § 1. 1 Sm. 20. shall be allowed of upon all occasions whatsoever. (q) any Their registries to 4. It shall not be lawful for any person or persons to erect, place or have booth, stall, tent, carriage, boat or vessel, or any other place whatever for the purpose or use of selling, giving or otherwise disposing of any kind of articles of traffic, spirituous liquors, wine, porter, beer, cider or any other fermented, mixed or strong Liquors not to be sold near places of drink (excepting as hereinafter excepted), within three miles of any place of relig- worship. ious worship in this state, during the time of holding any meeting for religious worship at such place. (r) Ibid. § 2. case of violation. 5. If any person or persons shall or do violate this act by erecting, fixing or having any booth, stall, tent, carriage, boat or vessel, or other place for the pur- Proceedings in pose or use aforesaid, or by selling, bartering, giving or otherwise disposing of any kind of articles of traffic, spirituous liquors, wine, porter, beer, cider or other fermented, mixed or strong drink,(s) in, at or about any such booth, stall, tent, carriage, boat or vessel, or any other place whatever, prepared or used for the purpose aforesaid, within three miles of any place of religious worship, during the time of holding any meeting for religious worship at such place, the person or persons so offending shall first be informed of his, her or their violation of this act, and shall be warned by any justice of the peace, constable or two freeholders of the county where the offence is or shall have been committed, to desist from such offence, and to remove such booth, stall, tent, carriage, boat, vessel or other thing, together with all such articles of traffic, spirituous liquors, wine, porter, beer, cider or other strong drink, belonging to or in the possession of the person or persons so offending; and if such person or persons, on receiving such information or warning, shall forthwith cease to offend against this act, and shall remove as aforesaid, at least three miles from such place of religious worship, then no further proceedings under this act shall be had against such person or persons; but if such person or persons shall refuse or neglect immediately to remove as aforesaid, when informed and warned as aforesaid, then all the said articles of traffic, spirituous liquors, wine, porter, beer, cider and other fermented, mixed and strong drink, and all the vessels, chests and other things containing the same, together with such booth, stall, tent, carriage, boat or vessel, or other place prepared and used for the purpose aforesaid, shall be and are hereby declared to be forfeited; and it shall be lawful for any justice of the peace and constable, with two freeholders of the county, to seize and take possession of all or any part of the said forfeited articles and liquors, together with such booth, stall, tent and carriage, boat or vessel, and at any time, within ten days after, to advertise and sell the same, and after deducting and paying the necessary and lawful expenses of such seizure and sale, the residue of the proceeds of such sale or sales shall be paid to the overseers of the poor in the township, for the use of the poor of the county where the support of the poor is a county charge, and where it is a township charge to the poor of the township where such offence shall have been committed. 6. Nothing in this act shall be taken or construed so as to affect any licensed tavern-keeper, in his or her ordinary and lawful business, at his or her usual place Not to extend to of residence specified in his or her license, nor shall it be so taken and construed tavern-keepers, as to affect any merchant, shop-keeper, farmer, mechanic or other person in the &c. usual and lawful transactions of his, her or their ordinary concerns and business, in their usual place of doing such business, nor shall it be so taken, construed or understood, as to affect any person or persons who shall have a permit in writing from the person or persons having the oversight, charge and management of any such meeting, to sell bread and other necessary articles of food for man and beast: Provided, The conduct of persons attending such meeting shall accord with the lawful rules and regulations of such meeting, and the property of such persons attending such religious meeting be not of the description forbidden by this act. 7. If any suit or action shall be brought against any person or persons for doing or causing to be done anything in pursuance of the act according to the provisions thereof, the defendant or defendants may plead the general issue and plead the general give the special matter under this act in evidence, and if in such suit or action issue, &c. Ibid. § 3. Ibid. § 4. Defendants may a verdict and judgment shall be given for the defendant or defendants, or the To recover double plaintiff shall become nonsuit or discontinue his action, the defendant or defend- costs. ants shall have and recover double costs of suit. P. L. 830. 8. No bishop, or other ecclesiastic in any church, shall hereafter hold any real 26 April 1855 § 6. or personal estate in this commonwealth, with a capacity to transmit the title thereof to his successor in office, otherwise than as any other individual holding No ecclesiastical the same in his private or natural capacity might do; and any law conferring such person to have cacapacity to transmit by operation of law, property to any successor in any ecclesi- pacity to trans mit property in astical office, is hereby repealed: Provided, That this repeal shall not affect the succession. validity of any titles now held, as aforesaid, but the same may be aliened or de- Existing titles not vised as property held by such ecclesiastical officer in his natural capacity, but for to be affected. (q) See tit. "Evidence." (r) See Fetter v. Wilt, 46 P. S. 457. (8) This act only applies to the sale of such articles as would have a tendency to produce intoxication, and consequent disturbance. Fetter v. Wilt, 46 P. S. 457. Kramer v. Marks, 64 Ibid. 151. See infra 16-18. 26 April 1855 § 6. the like uses and trusts as the same would be subject to if this act were not passed. P. L. 330. 2 June 1887. P. L. 298. and citizens. Charters. 9. Whensoever any property, real or personal, shall hereafter be bequeathed, devised or conveyed to any ecclesiastical corporation, bishop, ecclesiastic or other Property subject to person, for the use of any church, congregation or religious society, for religious the lay-members. Worship or sepulture, or the maintenance of either, the same shall not be otherwise taken and held, or inure, than subject to the control and disposition of the lay-members of such church, congregation or religious society, or such constituted officers or representatives thereof as shall be composed of a majority of lay-memMajority of officers to be lay-members bers, citizens of Pennsylvania, having a controlling power, according to the rules, regulations, usages or corporate requirements thereof, so far as consistent herewith; and no charter hereafter granted by any court for any church, congregation or religious society shall be valid, without requiring such property to be taken, held and to inure, subject as aforesaid, (t) except such religious society, who shall be composed exclusively of other than laymen, may have trustees or corporators of the same description of persons: Provided, That it shall be lawful for the Clergymen may be majority of the male members, of lawful age, of any unincorporated church, congregation or religious society to choose for their trustee or trustees, any other person or persons than a layman; and whenever not previously declared, to declare the manner in which the title to their trust property shall be held and conveyed, subject however to all the terms and conditions upon which the same may have been bequeathed, devised or conveyed to such unincorporated church, congregation or religious society, and upon due proof of such consent, any court, having jurisdiction over trusts, may direct the legal title to be conveyed accordingly; but nothing herein contained shall authorize the division of any property Property not to be from the purposes, uses and trusts to which it may have been heretofore lawfully dedicated, or to which it may hereafter, consistently herewith, be lawfully dedicated: And provided, That no alien shall hereafter acquire and hold, either as trustee or in his own right, real estate of a greater annual value than is hereby limited to be held by a corporation.(u) chosen trustees. Lay-members may declare trust subject to terms of bequest, &c. diverted. Right of aliens to hold real estate. 26 April 1855 § 10. P. L. 330. Gift to charity within one month of donor's decease to be void. Ibid. § 15. Gifts to charities to 10. No estate, real or personal, shall hereafter be bequeathed, devised or conveyed to any body politic, or to any person, in trust for religious or charitable uses, except the same be done by deed or will, attested by two credible, and, at the time, disinterested witnesses, at least one calendar month before the decease of the testator or alienor; and all dispositions of property contrary hereto shall be void, and go to the residuary legatee or devisee, next of kin or heirs, according to law: Provided, That any disposition of property within said period, bonâ fide made, for a fair valuable consideration, shall not be hereby avoided. 11. All dispositions of property hereafter made to religious, charitable, literary or scientific uses, and all incorporations or associations formed for such objects, be subject to this shall be taken to have been made and formed under and in subordination to all the duties and requisitions of this act, as rules of property, and laws for their government. act. Ibid. § 9. Property aliened in mortiain to escheat. Proceedings by quo warranto. Proviso. 12. All property hereafter acquired and held by persons, corporations or associations, forbidden by this act to hold the same, or held contrary to the intent of this act, and all such hereafter acquired, and held beyond the limit prescribed as aforesaid by this act, shall escheat to this commonwealth; and upon the same being adjudged to have escheated, under proceedings in court, by quo warranto, in all respects as is provided by law in the case of the usurpation of any corporate franchise, the same shall be taken in possession and disposed of, and with the like compensation to the person or persons informing and procuring the inquisition, as in cases of property escheated for defect of heirs: Provided, That no property now held, or hereafter lawfully acquired, shall afterwards become defeasible in title, by reason of any subsequent rise in the value thereof; but such rise, after it shall occur, shall be taken into view to preclude a further acquisition, and holding Legislature may relieve on terms. beyond the limit aforesaid: And provided, That the legislature may relieve, upon such terms as may be deemed just and for the public good, from any forfeiture as aforesaid, upon the payment to the party informing or prosecuting his actual expenses, and such further reasonable compensation as the legislature may prescribe. Ibid. § 14. Duties of auditorgeneral. 13. It shall be the duty of the auditor-general, whenever he shall have reason to believe that any property shall be defeasibly held, and liable, upon office found, to accrue to the treasury, or that the income of any corporation or association as aforesaid, shall exceed the limit allowed by law, to call upon any and all officers (t) Such provision must be inserted in the charter; otherwise, it is invalid. St. Paul's Church, 30 P. S. 152. Alexander Presbyterian Church, Ibid. 154. Reformed Episcopal Church of the Covenant, 12 Phila. 516. West Park Avenue Methodist Episcopal Church, Ibid. 518. Powelton Avenue Baptist Church, 39 L. I. 198. English Baptist Church, 13 Luz. L. Reg. 329. The act is complied with, when the board of trustees is so constituted that it must necessarily consist, in its majority, of laymen, who are elected by the members of the church; and when the charter follows the words of the act, in requiring that its property shall vest in such a board of trustees. Alexander Presbyterian Church, 30 P. S. 154. And see Church of the Holy Communion, 37 L. I. 194. (u) This is an amendment of the act 26 April 1855, § 7, P. L. 330. P. L. 330. or trustees thereof, to make, within thirty days, a true return and exhibit of all 26 April 1855 § 14. P. L. 22. confirmed. 14. When, under existing laws, any religious corporation shall apply to the court 11 April 1879 § 1. of common pleas of the proper county for an amendment or alteration of their charter, so as to acquire and hold real estate, and after decree and amendments are Certain purchases recorded and shall become a part of the charter of the said corporation, then such of real estate real estate which was purchased by and conveyed unto said corporation before amendment of their charter shall inure and vest in said corporation, with the same force and effect as if originally empowered to hold and acquire real estate: Provided, That no inquisition shall have been taken against the real estate so held to escheat, previous to the amendment of such charter: And provided further, That such real estate shall not exceed the amount in value which religious corporations are allowed to hold by charter. P. L. 140. select their own 15. All persons confined or detained in any prison, reformatory, house of refuge, 11 June 1879 § 1. home, hospital or other institutions founded for the punishment, correction of crime or the relief of the sick and friendless, and supported in whole or in part by Inmates of state the funds drawn from the public treasury, shall have the privilege of practising the institutions may religion of their choice, and shall be at liberty to secure for that purpose the religious advisers. services of any minister connected with any religious denomination in the state: Provided, That such services shall be personal to the inmate or inmates, and not interfere with the established order of religious services of the institution or institutions: Provided further, That such established services shall not be of a sectarian character. 8 May 1878 § 1. 16. It shall not be lawful for any person or persons to erect, place or have any booth, stall, tent, shed, carriage, boat or vessel, or any other place or vehicle whatever, for the purpose or use of selling, giving or otherwise disposing of all sale of merchan 15 May 1895, or any kinds of articles of traffic or merchandise (except as hereinafter excepted), dise near camp- P. L. 67, within one mile of any camp-meeting held for religious worship in this common- ibited. wealth. grounds pro Ibid. § 2. 17. Any person or persons violating the provisions of the first section of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall Penalty for violabe sentenced to pay a fine of not more than one hundred dollars, or an imprison- tion. ment of not more than six months, or both or either, at the discretion of the court.(v) Ibid. § 3. Supp. 2673. See amendment 18. Nothing in this act shall be taken or construed so as to affect any licensed tavern or hotel-keeper, merchant, mechanic, farmer or shop-keeper, in his, her or Certain persons their lawful or ordinary business, at his, her or their usual place of business or excepted. residence, nor of any person or persons who shall have procured a permit in writing from the trustees or managers having the charge or management of such campmeeting, specifying the name of the party to whom issued and the kind of articles to be offered for sale, and the rules and regulations of such trustees or managers: Provided, That any farmer living within one mile of any such camp-meeting shall have the privileges of disposing, on his premises, of his own farm products or vegetables, without such permit. P. L. 67, P. L. 9. 19. Any association of persons owning or leasing ground for the purpose of 28 March 1876 § 1. holding camp-meetings for religious purposes in this state, may apply to any judge of the court of common pleas of the county within which the said grounds or prem- Police for campises may be situated, to appoint such person as the said association may designate meetings. to act as policeman for said association. 20. The said judge, upon such application, may appoint such person, or so many of them as he may deem proper, to be such policemen, and shall cause the fact of such appointment to be entered upon the records of the said court. Ibid. § 2. Appointments. Ibid. § 8. 21. Every policeman so appointed shall, before entering upon the duties of his office, take and subscribe the oath required by the seventh article of the constitu- Oath of office. tion, before the justice of the peace nearest to the grounds where the proposed meetings are to be held, and for which the said policemen are appointed; which oath shall be filed by the said justice of the peace among his papers, and a note made upon his docket of the fact of said oath having been taken. 22. Such policemen, so appointed, shall severally possess and exercise all the powers of constables in this commonwealth, in and upon and in the vicinity of the camp-ground in which they shall be authorized to act as aforesaid; and the keepers of jails, or lock-ups or station-houses in any of said counties, are required to receive all persons arrested by such policemen for the commission of any offence against the laws of this commonwealth, upon or near to the grounds occupied by the said association, to be dealt with according to law. (v) This act is constitutional. Commonwealth v. Seward, 2 Kulp 294. Ibid. § 4. Powers of police men. 28 March 1876 § 5. P. L. 9. Power to make lations. 23. The said associations shall have power to ordain and publish such regulations, not inconsistent with the constitution and laws of the state, as shall be needful to maintain the peace, good government and order, well-being and security of the and enforce regu- association; and the policemen appointed under this act shall have, when on duty upon the camp-ground and premises of the association, power to enforce obedience, on such grounds and premises, to such regulations so ordained and published, and to detain offenders for a period not exceeding twelve hours, exclusive of Sunday, until they can be carried before the nearest justice of the peace, alderman or judge having jurisdiction thereof, there to be fined, bailed or committed, as the magistrate hearing the case may determine.(w) Ibid. § 6. Badge of office. Ibid. § 7. Compensation. 24. Such camp-ground police shall, when on duty, severally wear a metallic shield with the words "camp police," and the name of the association for which (the) appointment (was made) inscribed thereon; and such shield shall always be worn in plain view, except when employed as detectives. 25. The compensation of such police shall be paid by the associations for which the policemen are respectively appointed, as may be agreed upon between them. REMAINDERS AND REVERSIONS. See SEQUESTRATION. REMOVAL OF DEAD. See BURIAL-GROUNDS. REMOVALS OF PAUPERS. See MUNICIPAL CORPORATIONS; POOR. REPLEVIN. See LANDLORD AND TENANT. 1. Courts may grant writs of replevin. 2. Defendants may avow generally, &c. To recover double costs. 3. Sheriff to take replevin-bond. To assign it to the avowant. Who may sue thereon in his own name. Court may grant relief on motion. 1705 § 12. 1 Sm. 44. Courts may grant 4. Replevins issued for goods taken in execution to be quashed. 5. Treble costs to be awarded. Prothonotaries to be liable to attachment. 6. When plaintiff may recover for timber, &c., severed from the realty. 1. It shall and may be lawful for the justices of each county in this province to grant writs of replevin, in all cases whatsoever, where replevins may be granted writs of replevin. by the laws of England, (x) taking security as the said law directs, (y) and make them returnable to the respective courts of common pleas, in the proper county, there to be determined according to law. 21 March 1772 § 10. 1 Sm. 372. Defendants may avow generally, &c. 2. It shall and may be lawful for all defendants in replevin to avow and make cónusance generally, that the plaintiff in replevin, or other tenant of the lands and tenements whereon such distress was made, enjoyed the same under a grant() or demise, at such a certain rent or service, during the time(a) wherein (w) This act takes for granted the guilt of a person arrested by such camp-meeting police; it makes no provision for his discharge, in the other contingency; he is to be fined, bailed or committed. (2) Replevin issues, in Pennsylvania, wherever one man claims goods in the possession of another. Weaver v. Lawrence, 1 Dall. 157. Woods v. Nixon, Add. 134. Shearick v. Huber, 6 Binn. 3. Stoughton v. Rappalo, 3 S. & R. 563. Bower v. Tallman, W. & S. 560. Harlan v. Harlan, 15 P. S. 513. See Mather v. Trinity Church, 3 S. & R. 509. Brown v. Caldwell, 10 Ibid. 114. Heaton v. Findlay, 12 P. S. 304. Coomalt v. Stanley, 3 Clark 380. Wilkinson v. Stewart, 85 P. S. 255. Reichenbach v. McKean, 95 Ibid. 432. But it is effectual for the delivery of per sonal property only, and furnishes no justification to an officer who, under it, severs and delivers part of the realty. Roberts v. Dauphin Deposite Bank, 19 P. S. 71, 75. It is the only remedy for an unlawful distress. Sassman v. Brisbane, 7 Phila. 159. (y) There can be no service of the writ upon the defendant, without taking sureties. Taylor v. Adams Express Co., 9 Phila. 272. (z) It extends to ground-rents. Franciscus v. Reigart, 4 W. 117. McCurdy v. Randolph, 2 Clark 323. (a) The time at which the rent was payable, and the amount due, must be proved as laid. Waltman v. Allison, 10 P. S. 464. |