Zernosky v. Kluchinsky

Citations

• 278 Pa. 99
• 122 A. 262
• 1923 Pa. LEXIS 478

Syllabus

<p>Church law — By-laws—Pews—Rental of pews — Consent of priest —Acts of April 26, 1855, P. L. 828, and May 20, 1918, P. L. 2^2.</p> <p>1. The right of the occupancy of a seat or pew in a church exists only in the members of the particular religious body.</p> <p>2. Eeligious bodies, in right of church control, may make reasonable by-laws and regulations relative to pews.</p> <p>3. There is no right of property in a pew; it cannot be taxed; nor, if the church is destroyed, is it a continuing claim on the land. It is a right of a limited character, subject to a certain control, in its origin, by the laws of the ecclesiastical organization.</p> <p>4. The right is limited to an exclusive occupancy of a certain part of the meeting-house for the purpose of attending upon public worship, during the time the church is open for church purposes.</p> <p>5. While the ownership of property employed for religious purposes is in the congregation, to be held for the uses with which it is impressed, the ecclesiastical law requiring assent of the priest before pews may be charged for, does not conflict with the laws of the State. Control of property does not thereby pass from the congregation.</p> <p>6. The property is to be taken and held by the lay members who administer it according to the canons of the church; but, in administering it, both the ecclesiastical authorities and the lay members must act, where the canons of the church provide for definite control in the clergy or other officials.</p> <p>7. As long as a priest withholds his consent according to the canons of the church, the trustees cannot levy a pew rent under state or ecclesiastical law.</p> <p>8. The purpose of the Act of May 20, 1913, P. L. 242, was to clarify and explain what was generally understood as being contemplated by the Act of April 26, 1855, P. L. 328.</p> <p>Practice, G. P. — Equity—Findings—Additional findings — Agreement as to facts.</p> <p>9. Where a chancellor has made findings of fact, he commits