*247.* _Members, Pew._—Members of the congregation may be required to pay for a pew or sitting in the church, and where a priest ejected a member from the church because he would not rent a pew, he was sustained by the court.(453) *248.* _Free Church, Seats, Lease._—The trustees of a free church may assign seats and forcibly remove one from a seat without authority.(454) Where a pew is real estate, a pewholder may acquire the right to it by prescription in the usual way.(455) Where pews are not rented and the members support the church by voluntary subscriptions, they have equal right to the occupancy of the pews. But where the church builds the pews and rents them, a man paying rent for a pew holds it under lease in the nature of a lease to real estate. However, he does not obtain all the rights of a lessee of land, and in many cases a rule of the church governs the holding of pews, which will be observed by the State courts.(456) *249.* _Executors, Pew-Rent._—The executors of a pew owner are not bound to pay pew-rent accrued after the owner’s death. *250.* _Voting, Pew-Rent, Arrears._—Where a church is incorporated and by its charter or the laws of the State it has authority to make reasonable by-laws, a by-law which prohibits any person from voting whose pew-rent is in arrears for more than two years, is valid.(457) CHAPTER XXI. PROPERTY *251.* _Unincorporated, Trustee._—The question whether an unincorporated religious society may take a gift or devise, is determined by the law of domicile.(458) Generally an unincorporated religious association can not hold property in its assumed name, but it must be held by conveyance in trust to a trustee named.(459) *252.* _Charter, By-Laws._—When the charter or by-laws of a church corporation provide that they may be altered, such changes may, after the execution and delivery of a deed, immediately adhere to the title.(460) *253.* _Suits, Corporation, Members._—Cases may occur in which the corporation in its corporate capacity, or the society in its collective capacity, may be a plaintiff or a defendant in a suit between it and one or more members of the religious society in their individual capacity or in their collective capacity, in a quasi-conspiracy or concerning other torturous acts, or a collective contract.(461) *254.* _Deed, Court, Title._—A deed made in pursuance of an order of a court having jurisdiction passes good title.(462) *255.* _Subscription, Lots._—Any one may convey title to a church as his part of the subscription by merely marking it on a plat made by him, as lots donated to such church.(463) *256.* _Misnomer, Identity._—The misnomer of a religious society or corporation will not invalidate a mortgage where the identity of the society can be clearly shown.(464)