The State, etc. v. Trustees of Tp. 9, etc. ing 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 places 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. 63] *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 The State, etc. v. Trustees of Tp. 9, etc. 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. E. Hanna, and T. A. Plants, for defendants. J. R. SWAN, J. The lands from which the fund in controversy is derived, are held in trust "for the purposes of religion." How the appropriation should be made for 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 [64 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 be 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 bene The State, etc. v. Trustees of Tp. 9, etc. ficiaries 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 in 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. 65] *There can not be a sect or denomination of religious persons without any 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 public 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. The 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, than any other library association. Verdict and judgment for defendants. BARTLEY, C. J., and BRINKERHOFF, BOWEN, and SCOTT, JJ., concurred. Comm'rs of Ashland Co. v. Directors of Richland Co. Infirmary. THE COMMISSIONERS OF ASHLAND COUNTY V. THE DIRECTORS OF THE RICHLAND COUNTY INFIRMARY. Where a new county is formed, all persons residing within its limits, and who have resided there long enough to obtain a legal settlement, continue, in general, to have such legal settlement in the township of the new county, where they has, before its formation, acquired it. A lunatic pauper, who has been returned as incurable from the lunatic asylum of the state to the jail of the county, within one of the townships of which she has a legal settlement, must be provided for by the commissioners of such county, as long as the township of her settlement remains an integral part of the same county. The erection of a new county, which separates the township where the lunatic *pauper is legally settled, from the county to which her support has [66 become chargeable, transfers the duty of supporting the pauper from the old to the new county to which such township is attached. An action may be maintained by the directors of a county infimary against the commissioners of another county, for the maintenance of a lunatic pauper, whose legal settlement is within a township of such other county, after returning the pauper to the commissioners thereof, and requesting them to accept and take care of her. The rule of recovery in such action is the expense of removing the pauper to the proper county, and of subsequently providing for and supporting her in the infirmary, and not compensation from the time of her admission into it. In error to the court of common pleas of Richland county. Reserved in the district court. This was an action of debt, brought January 31, 1851, in the court of common pleas of Richland county, by defendants in error, under the tenth section of an "act to authorize the establishment of poor-houses," passed March 8, 1831, and in which reference is had to the ninth section of an "act for the relief of the poor," passed March 14, 1831. The cause was tried by a jury, and a bill of exceptions taken by the defendants below, from which it appears that, in 1839, Mary Carlisle was an insane pauper, having a legal settlement in Green township, Richland county; that proceedings were instituted against her, under the act to provide for the safe keeping of idiots, lunatics, or insane persons; that she was taken to the lunatic asylum, where she remained until January, 1844, and was then discharged, on account of the incurable nature of her malady; Comm'rs of Ashland Co. v. Directors of Richland Co. Infirmary. that she was thereupon taken to Richland county, and confined in the jail until February, 1844, when the commissioners of the county contracted for her support out of the jail, and in that way continued to maintain her, at the expense of the county, till the 15th of December, 1846, when, under the order of the commissioners, she was conveyed to the county poor-house (now the infirmary), where she has since remained, and been supported by the county of Richland. On the 24th of February, 1846, the county of Ashland was created out of Richland and other counties, whereby the said 67] *township of Green was detached from Richland and became a part of the county of Ashland. In October, 1847, the directors of Richland county infirmary gave written notice to the trustees of Green township that Mary was an insane pauper in the infirmary, and requested them to remove her to said Green township, and pay for her support to that time. The trustees did not make any arrangement for the removal or support of the pauper. As early as March, 1848, the county commissioners of Ashland had knowledge that Mary was confined as a pauper in the infirmary of Richland, and that she was deemed, by the commissioners of the latter county, to be a charge upon Ashland. In December, 1849, the directors of the infirmary presented a bill to the commissioners of Ashland county for the support of Mary, and requested payment, and also took the pauper to them; but they refused to receive her, or to pay the claim for her support. She was, in consequence, taken back to the infirmary of Richland. At the commencement of this suit, there was no poor-house or infirmary in Ashland county. From the time of Mary's return from the asylum to the jail of Richland, her insanity continued to such a degree that it was dangerous to permit her to run at large. The defendants below moved the court to direct the jury, that if Mary Carlisle was last legally settled in Green township, she was a charge upon that township, and should have been removed there by the directors of the infirmary; and that said township would, on such removal, be liable for her removal and support. That the commissioners of Ashland county can not be held liable for her maintenance, as the county was never bound to support her; but if said defendants were liable at all, they could not be made liable until the pauper had been removed to Ashland county and presented |