
    *The State of Ohio, on the relation ot Thomas Sharp and others, v. The Trustees of Township 9, Range 15, Ohio Company’s Purchase.
    The beneficiaries of the fund “ for the purposes of religion,” arising from the-rent of section 29, in the Ohio Company’s purchase, being designated by statute as 11 every denomination of religious societies:” Held—
    1. That persons having no system of religious faith,^written or traditional, can not be deemed a denomination or sect.
    2. That a society having no system of public worship or religious services as a sect or denomination, and being organized for the purpose of maintaining-a library, and being in fact a library association merely, is not a religious society within the terms of the statute above mentioned.
    Mandamus.
    Reserved in Meigs county.
    On the first day of November, 1851, the relators, Thomas Sharp, Jun., Elias P. Davis, and 'William G-reen, filed in the Supreme Court of Ohio, for the county of Meigs, their petition for a mandamus, setting forth “that they are members and trustees of a religious society in Columbia township, being original surveyed town- ’ ship No. 9, of range No. 15, in the Ohio Company’s purchasei inMeigs county; that said society was organized in 1830, and then, gave itself the name of ‘ The First Moral Religious Society of Coilumbia Township; ’ by which name it still exists and is known, having regularly kept up its organization ever since. That up to the year 1849, said society regularly received its dividend, or proportion of the rents of ministerial section 29, appropriated to the ■support of religion in said township, as they were entitled and still ,are entitled to do. That on the first Monday of January, a. d. 1850, in order to draw, and to enable the trustees of said original surveyed township to make a dividend to said society, of the rents of 1849, Joshua Wood, who had been appointed, and was agent of the society for that purpose, as well as the secretary of said society, produced and presented to said trustees of the township a duly certified certificate of the names and number of the members of said society, *above fifteen years of age, and residing in said township; which list was received and approved by said trustees, showing the said number of members to be, as it was, 186; but that the said rents of 1849, not having been collected from the treasurer until after the said trustees went out of office in the spring of 1850, the •said dividend was not struck or paid, or ordered to be paid, by them; that their successors in office, and the present trustees of said township, Adam Bratton, Joshua Wood, Captain, and Joseph Clive, refuse to make or pay, or order the treasurer of said township to pay said dividend, on the ground, and alleging that said society is not a religious society, and therefore not entitled to the same. And these relators show, that their said agent presented to said township trustees a like certified list of their members, on the first Monday of January, 1851, showing the number of their members then to be 174, which said trustees likewise received and retained without objection thereto. That although the said rents, ■for the years 1849 and 1850, are now in the hands of the treasurer of said township, and the same, or at least that part thereof payable to said society, amounting to seventy-three dollars, as relators are informed and believe, has not been paid over or expended by ■said trustees; and although the said society, by its said agent, has often called upon said present trustees of said township and requested payment thereof; yet they refuse to pay, or cause to be paid, the same or any part thereof, and also refuse to give any satisfactory information as to the amount thereof, the amount due other societies, or the amount of rents so collected.”
    In accordance with the prayer of the relators, an alternative writ of mandamus was, on the 19th of November, 1851, issued out of the Supreme Court of the county to said trustees of said township, commanding them to pay over, or cause or order to be paid over to said society, or its lawfully constituted agent, forthwith, the said sum of seventy-three dollars, or such sum as may be the dividend or proportion of said rents, for the years 1849 and 1850, of said society, or to show cause, by the first day of the next term of said court, why they have not paid the same.
    The defendants, still refusing to pay the dividend sought by the*relators, returned the alternative writ with an answer, setting forth:
    “ That the said society, on whose behalf the said relators have instituted and now prosecute this writ, entitled, ‘ The First Moral Religious Society of Columbia Towhship,’ is not- a religious society, according to, and within the true sense, meaning, and intent of the ordinance of Congress, of July 23, a. d. 1787, providing that the lot No. 29 in each township, or fractional part of a township, should be given perpetually for the purposes of religion, and the grant and laws in pursuance thereof and in accordance therewith, and the trust thereby created and provided.”
    The relators reply, that “ said society is a religious society within the said intent, sense, and meaning of said ordinance, grant, and laws.”
    The issue thus made was, with the proofs, submitted to the district court of Meigs county, as the successor of the Supreme Court, of the county, and the court found the following facts, specially:
    “ That the said First Moral Religious Society was organized in the year 1830, under and in pursuance of the act entitled ‘ an act. for the incorporation of religious societies,’ passed February 5,1819. That the society adopted a constitution, of which the following is-a copy:
    ‘ Constitution of the Moral Religious Society, Columbia Township, Meigs County, Ohio.
    
    ‘ Whereas religion and morality are generally acknowledged as essentially requisite to the well-being, good order, and happiness of society: Therefore, to better promote these great sources of human happiness, we form ourselves into a religious society, agreeably to the act of Ohio for the incorporation of religious societies, passed February 5, 1849, to be governed by different acts of Ohio, for the incorporation of religious societies, and the following articles,, to wit:
    
      ‘Article 1. This society to be known by the name of the First Moral Religious Society, in the township of Columbia, Meigs county,, Ohio.
    *‘Art. 2. The society shall appoint three trustees, one clerk, and one agent, who shall be treasurer, to be elected by ballot.
    ‘Art. 3. It shall be the duty of the treasurer to take charge of and manage the business of the society agreeably to these articles and such by-laws and regulations as the society shall from time to-time establish. The clerk shall make a fair and accurate record of all public proceedings; likewise of all amounts, receipts, and expenditures of the society; the agent to perform such duties as the society shall direct, and as treasurer to receive and safely keep the funds of the society which are to be at the disposal of the society.
    ‘Art. 4. All moneys or funds that shall be expended shall be by the order or direction of the society, and drawn from the treasury on the order of the trustees, which shall be countersigned by the clerk.
    ‘Art. 5. The officers of the society shall meet on the last Saturday in April annually, and settle up all business of the preceding year.
    ‘Art. 6. The trustees, or, if they shall refuse, any three members, shall have a right to call a meeting of the society by setting up notice in three public places in the township.
    ‘Art. 7. This society shall have a right at all times, two-thirds concurring, to alter, amend, or change these articles; and shall any office become vacant, the trustees, or should there be but one, that trustee and the clerk shall fill the vacancy.’
    “Which constitution was signed by its members present at its first organization, being thirty in number, and by others who, from time to time, havebecome members since. That the society have kept up their oiganization ever since, its present members numbering one hundred and twenty,four ; that a portion of the ministerial moneys, payable to religious societies in said Columbia township, was regularly paid to them, as such religious society, from the time of their organization until the accruing of the funds about which the present controversy exists; that only three dollars of said moneys paid to said society have been expended for preaching, the balance having been appropriated for the ^purchase of books for a library and for gratuitous distribution. That the said society has, in pursuance of its resolutions to furnish each destitute head of a family among its members with a copy of the Bible, and each young man and woman with a pocket copy of the New Testament, distributed seventy-two Bibles and seven ty-two Testaments; that the remaining books of the society have been and are kept as a library, for the use of the members and others, under certain restrictions, and are, in the main, books of a moral and religious nature. That up to 1833 the society expended no money except three dollars, which was paid for preaching; that in 1833 the society resolved that religion and morality could be best promoted in the use of their funds by investing them in books aforesaid; that since 1833 they have paid out no money for preaching; that that said society never owned any church edifice, and had no regular days or pla'ees of public worship, but that they occasionally procured preachers to preach to them and such others as might attend at the houses of individual members, and at a school-house; that a Universalist preacher preached three times for the society, for the first year or so, without compensation. A Restorationist preached for them occasionally, for the second and third year, and was paid therefor said sum of three dollars; that for the next seven or eight years a Wesleyan Methodist preacher occasionally preached for them, by an arrangement that he should have the use of the library as his only compensation; that for the last nine or ten years before this suit, an independent Baptist preacher preached for them on a similar arrangement; that said two last-named preachers always refused pecuniary compensation for preaching. That said society adopted at its organization no creed other than what is contained in its declaration of purpose, or object as contained in its said constitution. That no persons who were residents of said township were refused admission as members, and that they had no rules by which any such would be rejected, unless they were of bad characters. That non-resident preachers might be admitted to the library free, but others not without pay. That the original and real object ■of said society was, as it professed, to promote religion and morality.
    *That after the present controversy arose, but before this suit was brought, a member of this society moved that a committee be .appointed to report on the propriety of adopting a creed, which motion was carried. That the said committee was appointed, and .subsequently reported, recommending the society to adopt the following: ‘We believe in the Christian religion.’ Which report was laid on the table for future consideration. That at a meeting held a few days thereafter, the society did resolve that it was its object to promote religion and morality, and that the Scriptures are amply sufficient for a rule of faith and practice, and are profitable for ■reproof, instruction, and righteousness; and that the society therefore adopted no other rule or book of faith. Which last resolution was considered as a substitute for said report; and that it was ■agreed by the members present that no record should be made of said proceedings relative~to the appointment and report of said committee and said resolution so substituted, until after said suit should be determined, and that the same accordingly was not recorded ; that said society had no funds except those so distributed to them by the said trustees, unless very small amounts, paid to them by non-residents.”
    The questions of law arising upon the facts thus specially found, were reserved by the district court for decision in this court.
    
      John Welch, for the relators.
    
      A. Nye, J. P. Hanna, and T. A. Plants, for defendants.
   J. R. Swan, J.

The lands from which the fund in controversy as derived, are held in trust “for the purposes of religion.” How the appropriation should be made fixr religious purposes was left to the state to determine. The state has provided that the lands shall be leased and the rents applied as follows :

“ Each and every denomination of religious societies, after giving ■themselves a name, shall appoint an agent, who shall produce to the trustees a certificate, containing a list of their names *and numbers, specifying that they are citizens of said township; and .the agent shall pay over an equal dividend of the rents, within three months after the same shall have been received, to be appropriated to the support of religion, at the discretion of each society; provided, that all members above the age of fifteen years, shall be entitled to have their names enrolled by any society.” Swan’s Stat. 1005, sec. 13.

The beneficiaries of the trust have been designated by the state, as every denomination of religious societies; and the relators must bring themselves within the description of a sect or “ denomination ” of religionists associated together as a “ religious society,” <to bo entitled to the fund.

A sect or denomination of religious persons, is one having a common system of faith, written or traditional. A common system, of faith or religious belief, however, although sufficient to constitute ■a sect or denomination, is not sufficient to make them the beneficiaries of this fund. If this were sufficient, the fund would: necessarily be paid to each for his personal and individual benefit. The beneficiaries are not the individual members of a mere denomination of religious persons, but the society of a denomination. It is necessary, to satisfy the terms of the statute, that there should, be, not only a denomination or sect, but that they should be formed! into a society.

The society thus formed must be for religious, and not for mere-secular purposes; for the statute describes the society entitled to the-fund as a religious society. Religious societies of sects or denominations are founded for the purpose of uniting together ill public-religious worship and religious services, according to the customary,, habitual, or systematic forms of the particular sect or denomination, and in accordance with, and to promote and enforce their common faith and belief.

The expenses incident to this public religious worship, and these religious services are, in general, incurred by the society as such, and paid out of the common contributions of the members. The-fund created under the statute was intended to be applied to these expenses.

*Tbere can not be a sect or denomination of religious persons without ány common religious belief.

It is equally unreasonable to suppose that a denomination or sect, of religious persons would form themselves into a religious society, without any intention to meet together as such, to worship according to that faith, and without any stated or customary religious jrablie services. It would be a society without association; a society in name only, but not in fact.

It is clear that the relators do not bring themselves within this, description of a denomination associated’ together as a religious-society.

Tbe relators have neither a common religious belief, nor any fixed or customary denominational religious worship, or religious-exercises or service. Their object is to form and keep up a library. The society is not a religious, but a library association, whatever-name it may assume; very laudable, and deserving the encouragement of the neighborhood, but having no more claim upon the-fund appropriated to the support of religious societies, t-han any other library association.

Verdict and judgment for defendants.

Bartley, C. J., and Brinkerroee, Bowen, and Scott, JJ., concurred.  