,the ,clergyman's ,hand-book of ,law ,the ,law of ,church and ,grave ,by ,charles ,m4 ,scanlan1 ,,ll4,b4 ,author of 8,scanlan's ,rules of ,order10 8,law of ,fraternities10 8,law of ,hotels10 etc4 ,new ,york1 ,cincinnati1 ,chicago ,benziger ,brothers #aiji ,,contents ,imprimatur ,preface ,chapter ,i4 ,introduction ,chapter ,,ii4 ,what ,is ,a ,church8 ,chapter ,,iii4 ,constitutional ,law ,chapter ,,iv4 ,statutory ,law ,chapter ,v4 ,unincorporated ,church ,societies ,chapter ,,vi4 ,incorporated ,religious ,societies ,chapter ,,vii4 ,superior ,authority ,chapter ,,viii4 ,inferior ,authority ,chapter ,,ix4 ,membership ,chapter ,x4 ,heresy ,and ,secession ,chapter ,,xi4 ,excommunication ,chapter ,,xii4 ,elections ,chapter ,,xiii4 ,officers ,chapter ,,xiv4 ,meetings ,chapter ,,xv4 ,church ,records ,chapter ,,xvi4 ,church ,tribunals ,chapter ,,xvii4 ,state ,courts ,chapter ,,xviii4 ,evidence ,chapter ,,xix4 ,contracts ,chapter ,,xx4 ,pews ,chapter ,,xxi4 ,property ,chapter ,,xxii4 ,religious ,services ,chapter ,,xxiii4 ,bequests1 ,devises1 ,and ,gifts ,chapter ,,xxiv4 ,taxation ,chapter ,,xxv4 ,eleemosynary ,institutions ,chapter ,,xxvi4 ,schools ,chapter ,,xxvii4 ,parent ,and ,child ,chapter ,,xxviii4 ,husband ,and ,wife ,chapter ,,xxix4 ,indians ,chapter ,,xxx4 ,juvenile ,courts ,chapter ,,xxxi4 ,libel ,and ,slander ,chapter ,,xxxii4 ,crimes ,chapter ,,xxxiii4 ,cemeteries ,chapter ,,xxxiv4 ,miscellaneous ,index ,footnotes ,,imprimatur ,nihil ,obstat4 ,,remy ,,lafort1 ,censor ,librorum4 ,imprimatur4 ,john ,m4 ,farley1 cross ,archbishop of ,new ,york4 ,,new ,,york1 ,january #ae1 #aiji4 ,,copyright1 #aiji1 ,,by ,,benziger ,,brothers4 ,,preface ,the three learned professions1 medicine1 law1 and theology1 overlap2 and a man who does not know something of the other two can not be prominent in his own4 ,laws relating to ,church matters are scattered through such a vast array of law books that it would be a burden for a clergyman to purchase them1 and without special training he would not know where to look for the law4 ,therefore a law compendium covering those subjects relating to ,church matters must be of great value to a clergyman4 ,there is another view of this subject4 ,when she was mistress of the world the laws of the ,roman ,empire were for the ,roman citizens1 particularly the patricians2 the canon law was the law of the ,christian people of conquered countries and the ,christian plebeians of ,rome4 ,in the ,united ,states we have the same common law for the ,president and the hod-carrier1 for the multimillionaire and the penniless orphan1 for the clergy and the laity4 ,consequently1 in this practical age a knowledge of the law of the country with which the clergy come constantly in contact is expedient1 if not necessary4 ,the poet says3 8,what constitutes a state8444 ,men1 who their duties know1 ,but know their rights1 and knowing1 dare maintain40 ,to insure harmony and good order1 every ,church should obey the laws of the country2 but if any law should impose upon the rights of the ,church in any way1 the ruling authorities1 the cardinal and bishops1 if the wrong is national1 should unite in a petition to the ,united ,states ,congress1 clearly stating the grievance and asking for its redress47#a7 ,if the grievance should be within a ,state1 the bishop or bishops of the ,state should present the matter to the ,legislature of the ,state4 ,if the ,president or the ,governor has authority to remedy the matter1 go direct to him4 ,such was the practice of the wisest of the ,popes47#b7 ,the author never knew of an instance in which a clergyman having a real grievance failed in obtaining a full and fair hearing from the powers that be1 from the ,president downward4 ,this method seems to be more in harmony with the relations of ,church and ,state in a free government1 and more intelligent than to have a convention of working men1 who have little time to make a study of ,church matters1 pass resolutions1 the passing of which generally ends the action of a convention4 ,in the chapters that follow1 the author has refrained from giving a great multitude of authorities1 but has endeavored to give such as are sufficient to sustain the text4 ,for example1 under the first section1 and many others1 a list of citations covering several pages might be given4 ,that would add to the expense of the volume and would not be within its compass4 ,the book will better fulfil its purpose by clear1 brief statements of the rules of law1 and if a reader desires to investigate further1 the citations given will guide his way4 ,,charles ,m4 ,,scanlan4 ,,milwaukee1 ,,january #bc1 #aiji4 ,,chapter ,i4 ,,introduction 99#a499 ,law1 ,religion4--,from the dawn of the science of law it has been influenced by religion or antagonism to religion4 ,this is very evident in the ancient laws of ,babylonia1 ,egypt1 ,phenicia1 ,israel1 ,india1 and ,ireland4 ,it would be impossible to make a study of the law of any of said countries without gaining a knowledge of its religious system1 whether pagan or otherwise47#c7 99#b499 ,religions4--,ancient nations might be classified into pagan and those that worshiped the universal ,god4 ,however1 some of the nations at one time were pagan and at other times had a fair conception of the supernatural4 ,also1 in ,egypt1 the class of higher culture and education believed in the one omnipotent and omniscient ,being1 but the populace1 who could be controlled more readily by flattering them in their notions and giving their childish conceptions full sway1 worshiped idols47#d7 99#c499 ,authority1 ,right4--,in those nations where the ruling authority had the proper conception of the ,almighty1 there was a strong1 persistent growth of law upon the basis of natural right2 while in the pagan nations laws were arbitrary and despotic47#e7 99#d499 ,philosophical ,foundations4--,the laws of ,greece1 down to the time of ,plato1 were thoroughly pagan4 ,but1 following the philosophical foundations laid by ,plato and ,aristotle1 unintentionally and unwittingly the laws of ,greece became imbued with the spirit of natural law47#f7 99#e499 ,rome1 ,natural ,justice4--,prior to the introduction of ,grecian law into ,rome1 the laws of that nation were pagan4 ,grecian law from its introduction to the time of ,octavius was the civilizing element of the empire4 ,then it took a turn for the worse1 the element of natural justice being reduced and the element of arbitrary rule becoming dominant47#g7 99#f499 ,canon ,law4--,we will now turn to the first period of canon law1 which covers the early history of the ,church up to the reign of ,constantine the ,great47#h7 ,canon law is composed of the following elements3 #a4 ,holy ,scriptures2 #b4 ,ecclesiastical tradition2 #c4 ,decrees of ,councils2 #d4 ,bulls and rescripts of ,popes2 #e4 ,the writings of the ,fathers2 #f4 ,civil law47#i7 99#g499 ,early ,christians4--,owing to the persecutions1 the early ,christians were1 in a sense1 isolated from the ,state2 they held their property in common1 and were governed in matters among themselves by the canon law4 ,however1 for want of freedom of discussion and publication1 they were unable1 even within a single nation of the empire1 to promulgate a system of canon law4 ,the foundation of canon law being laid1 its development upon the manumission of the ,church was rapid47#aj7 99#h499 ,persecutions1 ,defenses4--,during the religious persecutions the ,christians almost had law forced into them by surgical operations4 ,the necessity for their making defenses in the ,roman tribunals induced many of them to give ,roman law a careful study4 ,also1 the great number of ,christians held for trial on all sorts of accusations made that branch of the law of the realm very lucrative for lawyers1 and called into the field many ,christians4 ,incidently1 men studying for the priesthood made a study of ,roman law with a view to avoiding its machinations and continuing their functions as clergymen without being caught in the net of persecution47#aa7 99#i499 ,constantine1 ,blending the ,law4--,when ,emperor ,constantine became a ,christian 7#cbe ,a4,d471 there was a great change1 and the members of the bar and judges were mostly ,christians4 ,it then became necessary for students of law to study the principles of divine right as taught in the ,church1 and while the books of the civil law were read by students for the priesthood1 the ,scriptures and the works of the ,fathers were read by the students in law1 thus blending the law of the two realms to some extent47#ab7 99#aj499 8,benefit of the ,clergy10 ,ecclesiastical ,court4--,as the old ,roman ,empire decayed and its power waned1 the new one1 8,the ,holy ,roman ,empire10 gradually implanted itself in southwestern ,europe4 ,the humiliation that the divine law and the clergy suffered in being brought into the common courts gave rise to a system of courts within the ,church for the purpose of enforcing her morals1 doctrines1 and discipline4 ,those courts were established in all ,christian countries and had jurisdiction of all felonies excepting arson1 treason1 and a few other crimes that from time to time were put under the special jurisdiction of the state courts4 ,whenever a clergyman was arrested for a crime1 he pleaded the 8benefit of the clergy10 and his case was transferred from the state court to the ecclesiastical court4 ,also1 when a clergyman was convicted in the state court of any crime for which the punishment was death1 he could plead the 8benefit of the clergy10 which was a protection against his execution47#ac7 99#aa499 ,estates1 ,guardianship4--,besides the jurisdiction already referred to1 the ecclesiastical court had jurisdiction over the settlement of estates and the guardianship of children1 which varied in different countries and was very indefinite in some of them47#ad7 99#ab499 ,middle ,ages1 ,common ,law4--,during the ,middle ,ages there was a constant effort on behalf of the ecclesiastical courts to extend their jurisdiction1 and a counter-effort on behalf of the state courts to assume jurisdiction of cases under the ecclesiastical law4 ,in ,england1 from the conquest of ,william the ,conqueror to the ,reformation1 the extension of the jurisdiction of the ecclesiastical courts brought the new element of ,english common law into the canon law2 and much of the canon law1 following the jurisdiction assumed by the state courts1 became the common law of the kingdom of ,england47#ae7 99#ac499 ,gratian1 ,reformation4--,the canon law reached its full development in the twelfth century1 when ,gratian1 the ,blackstone of his age1 compiled the system1 but it subsequently lost its influence when the ,reformation prevailed47#af7 99#ad499 ,bologna4--,the great school of jurisprudence1 both of canon and civil law1 was located at ,bologna1 ,italy1 which reached its zenith in the thirteenth century4 ,to it students flocked from ,western ,europe1 and from it were obtained the professors of law in the universities of ,england and other countries47#ag7 99#ae499 ,church and ,state4--,in most of the ,christian countries1 the ,church and ,state were united1 and many of the judges in the civil courts were clergymen47#ah7 99#af499 ,england1 ,roman ,law4--,on account of ,england's being subject to ,rome in its earliest age1 and afterward because of its being conquered by ,france1 the ,roman law was pretty thoroughly intermixed with the native ,english law in the minor matters of the people1 and governed in the more important ones47#ai7 99#ag499 ,america1 ,english ,law1 ,civil ,law4--,the portions of ,america that were settled by the ,english1 which included the original thirteen colonies1 were under the ,english law4 ,in ,virginia the ,episcopal ,church1 which was then the church of ,england1 was made the church of state4 ,canada and that portion of the ,united ,states formerly known as ,louisiana were governed by the civil law of ,france4 ,wherever the ,french government had no authority or civil officers1 the government was directly under the missionaries of the ,church47#bj7 99#ah499 ,religious ,tolerance1 ,established ,church4--,the ,english law and ,english ideals prevailing in the original thirteen colonies17#ba7 there was a strong effort made by many of the delegates to the constitutional convention to have the ,episcopal ,church made the established church of the new republic4 ,thomas ,jefferson and ,james ,madison were probably the strongest opponents of the scheme1 and outside of the great ,carroll of ,carrollton1 they were the most earnest advocates of religious tolerance4 ,the necessity for the fathers of this republic to be united1 and their being unable to unite upon any church1 caused the idea of an established church to be eliminated4 ,thus was established in our republic the freedom of conscience and the guarantee that no one shall be persecuted on account of his religious convictions47#bb7 99#ai499 ,tribunals4--,the ecclesiastical courts as a part of the state system and the 8benefit of the clergy10 have been abolished in ,england and ,america4 ,however1 as we shall see further on1 tribunals in the nature of the ecclesiastical court exist in churches and fraternities of all kinds in the ,united ,states47#bc7 ,,chapter ,,ii4 ,,what ,,is ,a ,,church8 99#bj499 ,church1 ,religious ,society4--,bouvier's definition of 8,church0 is3 8,a society of persons who profess the ,christian religion40 ,chief ,justice ,shaw's definition is3 8,the church is neither a corporation nor a quasi-corporation1 but a body of persons associated together for certain objects under the law4 ,an aggregate body of individuals associated together in connection with a religious society4 ,the term religious society may with propriety be applied in a certain sense to a church as that of religious association1 religious union1 or the like2 yet in the sense church was and is used in our law1 it is synonymous with parish or precinct and designates an incorporated society created and maintained for the support and maintenance of public worship4 ,in this1 its legal sense1 a church is not a religious society4 ,it is a separate body formed within such parish or religious society whose rights and usages are well known and to a great extent defined and established by law407#bd7 99#ba499 ,doctrine1 ,constitution4--,a church in law is a mere fraternal organization4 ,it may or may not have a written constitution1 but it must have some central doctrine as its foundation or constitution47#be7 ,many of the ,protestant denominations claim that the entire ,bible is their constitution4 ,the ,jews may be said to consider the ,old ,testament as their constitution4 ,all revealed truths may be said to be the constitution of the ,catholic ,church17#bf7 and when a doctrine concerning faith or morals is authoritatively declared by the ,church to be a truth1 it becomes a dogma47#bg7 ,the ,apostles' ,creed is an example of several dogmatic truths4 ,the code of the ,church is the ,ten ,commandments4 ,a few sects1 by a majority vote1 make and change their constitutions at will4 99#bb499 ,by-,laws4--,by-laws of the different religious organizations differ widely1 from the decrees of the great councils of the ,catholic ,church down to the vote of the congregation of an independent denomination4 99#bc499 ,church1 ,religious ,society4--,a church in one sense is more limited than a religious society2 the latter comprehending all the members of the same faith4 ,even in the ,catholic ,church we hear of the ,church of ,france1 the ,coptic ,church1 etc41 spoken of in this sense4 ,and in a still more limited sense we use the word as a synonym for parish4 ,however1 when the word 8the0 is used before church written with a capital letter1 ,catholics understand it to apply to the ,roman ,catholic ,church in its entirety1 while some non-,catholics apply it to ,christendom4 99#bd499 ,church1 ,christians1 ,religion4--,the missions established in ,california prior to its admission into the ,union were1 in law1 practically independent organizations and had no legal connection with the ,church4 ,every society organized for the purpose of propagating the practice of religion may be a church in law47#bh7 ,the courts have made a distinction between ,unitarians1 who are considered ,christians1 and ,deists1 ,theists1 ,free ,religionists1 and other infidels47#bi7 ,a sect or denomination without a given system of faith is not recognized as a religion in law47#cj7 99#be499 ,doctrine1 ,standard4--,to ascertain the tenets and doctrines of a church1 resort must be had to history and to prior and contemporary standard writings of its members on theology47#ca7 99#bf499 ,ecclesiastical ,corporations1 ,religious1 ,quasi-public ,corporations4--,ecclesiastical corporations1 in the sense in which the word is used in ,england1 ,germany1 and ,france1 are unknown to the ,united ,states1 their places being supplied by religious societies or corporations considered as private bodies1 in contradistinction to public or quasi-public corporations1 such as towns1 villages1 cities1 counties1 and state4 ,therefore1 the law of private corporations applies to religious societies and churches4 99#bg499 ,sect1 ,sectarianism4--,the ,supreme ,court of ,nevada defines 8sect0 as follows3 8,a religious sect is a body or number of persons united in tenets1 but constituting a distinct organization or party1 by holding sentiments or doctrines different from those of other sects or people4 ,in the sense intended in the constitution1 every sect of that character is #8sectarian' and all members thereof are sectarians407#cb7 ,in ,pennsylvania the court adopted the definitions given in the ,standard and in ,webster's dictionaries47#cc7 ,the ,supreme ,court of ,missouri1 citing ,webster's and the ,century dictionaries1 gave the following additional definition of sectarianism3 8,sectarianism includes adherence to a distinct political party1 as much as to a separate sect407#cd7 ,the ,presbyterians7#ce7 and the 8,shakers07#cf7 have been adjudged sects4 99#bh499 ,sectarian4--8,sectarian0 has received more contradictory constructions than any other equally simple word in the ,english language4 ,in ,wisconsin the 8,king ,james0 ,bible was held to be a sectarian book27#cg7 but in ,kentucky it was held that neither the ,douay nor the 8,king ,james0 ,bible was a sectarian book47#ch7 ,the ,missouri court extended sectarian so as to apply to the ,republican party47#ci7 ,in ,illinois an industrial school for girls in which the ,catholic ,sisters were employed as teachers1 was held a sectarian institution27#dj7 while in ,wisconsin1 the 8,wisconsin ,industrial ,school for ,girls10 a private corporation organized and conducted by ,protestant ladies1 has received appropriations from the ,state and has had its reports published at state's expense1 as a non-sectarian institution47#da7 ,in ,new ,york the religious garb of the ,catholic ,sisters was practically decided to be sectarian27#db7 but in ,pennsylvania and ,wisconsin it was decided that the dress of the ,sisters was not sectarian47#dc7 99#bi499 ,worship1 ,services1 ,mass4--,any act of adoration1 reverence1 praise1 thanks1 honor1 or veneration given to ,god1 is religious worship47#dd7 ,a ,sunday-school where the ,bible was read and a hymn sung and a state temperance camp-meeting where a prayer was said and hymns were sung1 were held to be places of divine worship47#de7 ,but a priest's house where he had a room fitted up for a chapel1 was held to be not a place of worship47#df7 ,it is very difficult to draw a line--no matter what curves you may give it--between the ,protestant system of worship1 which consists of the reading of the ,bible1 the singing of hymns1 and the reciting of prayers1 and such services in the public schools4 ,also1 there would seem to be no legal difference between a prayer said or a hymn sung by a ,catholic and a ,protestant4 ,as we have no established church in this country1 we have no standard for prayers1 hymns1 or music47#dg7 ,more solemn and impressive than her prayers adapted for schools is the ,mass of the ,catholic ,church1 defined thus3 8,the ,mass is the unbloody sacrifice of the body and blood of ,christ407#dh7 ,it is defined in #bf ,cyc1 #idj1 as follows3 8,a religious ceremonial or observance of the ,catholic ,church27#di7 a ,catholic ceremonial celebrated by the priest in open church1 where all who choose may be present and participate therein27#ej7 the sacrifice in the sacrament of the ,eucharist or the consecration and oblation of the ,host407#ea7 99#cj499 ,parish4--,a parish has two meanings4 ,in some ,states it is a minor division of public territory2 but in ,states where there is no such division of territory1 the ,state using instead 8county0 or 8town10 a parish rather applies to the people belonging to a particular church1 who worship at a particular place4 ,it is in the latter sense in which a parish should be construed in church law47#eb7 ,parishioner4--,a parishioner must be defined in harmony with the meaning of the word 8parish407#ec7 99#ca499 ,clergyman4--,a clergyman is a man in holy orders or one who has been ordained in accordance with the rules of his church or denomination47#ed7 99#cb499 ,minister4--,a minister is one who acts as1 or performs some of the functions of1 a clergyman47#ee7 99#cc499 ,rector or ,pastor4--,a rector or pastor is a clergyman who has charge of a parish47#ef7 99#cd499 ,religion4--,religion is still further distinguished1 but not very satisfactorily defined1 for the reason that etymologists have not agreed upon the derivation of the word4 ,when the matter was brought before our courts and it became necessary to give a definition1 the highest court in our country gave the following3 8,the term #8religion' has reference to one's views of his relations to his ,creator1 and to the obligations they impose of reverence for ,his being and character1 and of obedience to ,his will4 ,it is often confounded with cultus or form of worship of a particular sect1 but it is distinguishable from the latter407#eg7 ,one of our highest courts held that 8religion10 as used in the trust provision in a will for the purchase and distribution of religious books or reading as they shall be deemed best1 means 8,christian407#eh7 ,but the ,supreme ,court of another ,state held that 8religion0 is not equivalent to 8,christian0 religion1 but means the religion of any class of men47#ei7 ,judge ,willis defines 8religion0 thus3 8,it is what a man honestly believes in and approves of and thinks it his duty to inculcate on others whether with regard to this world or the next2 a belief in any system of retribution by an overruling power4 ,it must1 ,i think1 include the principle of gratitude to an active power who can confer blessings407#fj7 ,,chapter ,,iii4 ,,constitutional ,,law 99#ce499 ,religious ,tests4--,the constitution of the ,united ,states provides that 8no religious test shall ever be required as a qualification to any office or public trust under the ,united ,states407#fa7 99#cf499 ,test ,oath1 ,attainder4--,no test oath of any kind1 whether religious or otherwise1 can be required of a citizen of the ,united ,states4 ,therefore the test oath of ,congress requiring an officer to swear that he never voluntarily bore arms against the ,united ,states1 was held unconstitutional4 ,exclusion from any vocation on account of past conduct is punishment and contrary to the constitution on the subject of bills of attainder47#fb7 ,but there is a limitation to this rule to prevent the open violation of the laws of the ,united ,states or any ,state under the cloak of religion47#fc7 99#cg499 ,establishment of ,religion1 ,free ,exercise4--,the first amendment to the ,united ,states constitution provides that 8,congress shall make no law respecting an establishment of religion1 or prohibiting the free exercise thereof40 99#ch499 ,sovereignty1 ,states1 ,bigamy4--,the courts have held that this provision applies to ,congress only1 and can not be construed to interfere with the sovereignty of the several ,states2 that the constitutional guarantee of religious freedom was not intended to prohibit legislation against polygamy2 and that section #eceb of the ,united ,states ,revised ,statutes against bigamy1 is constitutional4 ,also1 that on a trial for bigamy in ,utah1 a man who was living in polygamy was not competent to serve as a juror47#fd7 99#ci499 ,church of the ,latter-,day ,saints4--,in #ahea the assembly of the so-called ,state of ,deseret1 which subsequently became the territory of ,utah1 incorporated 8the ,church of the ,latter-,day ,saints40 ,in #ahhg ,congress repealed the act of incorporation and abrogated the charter1 which the ,supreme ,court held was within its plenary powers4 ,the pretense of religious belief can not deprive ,congress of the power to prohibit polygamy and all other open offenses against the enlightened sentiments of mankind47#fe7 99#dj499 ,crime1 ,religion4--,the law prohibiting any person who is a polygamist or bigamist1 or who teaches1 advises1 counsels1 or encourages the same1 from holding any office of honor1 trust1 or profit1 is constitutional2 and a crime is none the less so1 nor less odious1 because it is sanctioned by what any particular sect may designate as religion4 ,a state has the right to legislate for the punishment of all acts inimical to the peace1 good order1 and morals of society47#ff7 99#da499 ,donation1 ,hostile1 ,religion4--,on the other hand the ,united ,states ,supreme ,court declared the legal right of donees of a college to make as a condition of the donation that all ecclesiastics1 missionaries1 and ministers of any sort1 should be excluded from holding any station of duty in the college or even visiting the same4 ,the condition being only negatively derogatory and hostile to the ,christian religion1 did not make the devise for the foundation of the college void47#fg7 99#db499 ,christian ,scientist4--,a law requiring a person to be a physician to treat the sick1 is constitutional2 and the defense of a person who has no license to practise1 that he is a ,christian ,scientist1 is not good4 ,also1 a parent must furnish a doctor for his sick child1 notwithstanding that he believes in prayer cure47#fh7 99#dc499 ,protestant4--,in the early days1 under the constitution of the ,state1 the courts of ,massachusetts practically held that the ,protestant religion was the religion of that ,state47#fi7 ,also1 the constitution of ,new ,hampshire referred to different ,christians1 and the court in construing the terms 8,roman ,catholic0 and 8,protestant10 held that any one who did not assent to the truth of ,christianity as a distinct system of religion1 could not be classed as either4 ,the court stated that ,mohammedans1 ,jews1 pagans1 and infidels1 are neither 8,catholics0 nor 8,protestants40 ,the term 8,protestant10 as used in the constitution of ,new ,hampshire1 includes all ,christians who deny the authority of the ,pope of ,rome4 ,when the children of ,protestant parents renounce that religion1 and voluntarily accept another1 they cease to be ,protestants47#gj7 ,at present under the constitution of ,new ,hampshire1 the legislature may authorize towns or parishes to provide for the support of ,protestant ministers47#ga7 99#dd499 ,hospitals1 ,sisters1 ,appropriation4--,in #ahfd1 ,providence ,hospital1 of ,washington1 was incorporated by an act of ,congress1 for general hospital purposes4 ,in #ahig1 #cj1jjj was appropriated for the ,district of ,columbia to put up two isolation buildings in connection with two hospitals in that city1 to be operated as a part of such hospitals4 ,providence ,hospital was selected as one1 and because it was in charge of ,sisters of the ,roman ,catholic ,church1 the right of ,congress to make the appropriation was disputed4 ,among other things1 ,judge ,peackham says3 8,whether the individuals who compose the corporation under its charter happen to be all ,roman ,catholics1 or all ,methodists1 or all ,presbyterians1 or ,unitarians1 or members of any other religious organization1 or of no organization at all1 is of not the slightest consequence with reference to the law of its corporation1 nor can the individual beliefs upon religious matters of the various incorporators be inquired into40 ,the appropriation was 8for two hospital buildings to be constructed in the discretion of the commissioners of the ,district of ,columbia on the grounds of two hospitals and to be operated as a part of such hospitals407#gb7 99#de499 ,constitution1 ,rights4--,the provisions in the constitution do not in any way interfere with property rights obtained by a church organization prior to its adoption47#gc7 99#df499 ,aid1 ,contracts4--,under the constitution of the ,united ,states1 ,congress cannot make appropriations for nor give aid to any denomination4 ,also1 similar provisions are in many of the constitutions of the ,states4 ,however1 many cases arise out of contracts which border upon these various rules1 and in some ,states the constitutional provision of the ,state is such that the ,state ,legislature may legislate concerning religion and give certain aid and support thereto4 ,paying rent to a congregation for a school-room is not an appropriation or aid to a church contrary to the constitution47#gd7 99#dg499 ,protestant ,teacher1 ,tax4--,formerly every parish in ,massachusetts was obliged to elect and support a ,protestant teacher1 and might erect churches and parsonages4 ,to provide the expenses thereof1 a tax might be assessed upon the polls of the inhabitants47#ge7 ,until #ahij ,new ,hampshire permitted a tax to be levied in towns for religious purposes4 ,it is still legal under the ,new ,hampshire constitution to tax the inhabitants for the purpose of supporting ,protestant teachers1 but not to support a teacher of any other denomination47#gf7 ,a section of land in every township in ,ohio was set apart for religious societies1 in which they all shared equally47#gg7 ,vermont had a similar provision47#gh7 99#dh499 ,office1 ,god4--,the constitutions of ,arkansas1 ,mississippi1 ,north ,carolina1 ,south ,carolina1 and ,texas1 prohibit a man from holding office who denies the existence of a ,supreme ,being2 and the constitutions of ,delaware1 ,maryland1 ,kentucky1 and ,tennessee1 make all clergymen ineligible to hold a civil office47#gi7 99#di499 ,religious ,liberty1 ,bible1 ,religious ,garb1 ,wages4--,the authorities are not uniform as to what constitutes a violation of religious liberty4 ,the question of whether the reading of the ,bible in the public schools is a violation of the constitution1 is an open one in some ,states and in others the courts have passed upon it1 some holding that it is a violation of the constitution17#hj7 and some holding that it is not47#ha7 ,the weight of authority seems to permit the reading of the 8,king ,james0 ,bible17#hb7 and where portions only are read1 as in 8reading books0 prepared for school work1 or where the children are not obliged to be present during the exercises1 the cases seem to be unanimous that it is not a violation of the constitution47#hc7 ,in ,pennsylvania the court held that while ,sisters in their religious garb might be teachers in the public schools1 they could not give instruction in the ,catholic religion at the schoolhouse before or after school hours1 or at any other time use the school building for religious purposes4 ,also1 in ,wisconsin the court decided that while a portion of a parochial school building might be leased for public school purposes and the ,sisters be employed therein as teachers1 religious exercises and instructions could not be given in such leased premises47#hd7 ,in ,new ,york it was held not only that ,sisters could not wear their religious garb or pray in school1 but that they could not collect wages for teaching47#he7 ,,chapter ,,iv4 ,,statutory ,,law 99#ej499 ,wisconsin1 ,mississippi1 ,new ,york4--,the statutory law of the different ,states of the ,union is so varied and the laws of one ,state are of so little interest to the people of another that it would be almost useless and beyond the boundaries of this work to give the substance of the various statutes4 ,in some ,states there is a limitation upon the real estate that a church or charitable organization may hold1 and in other ,states there is no limitation whatever4 ,wisconsin1 perhaps1 occupies the extreme of greatest liberality1 by not only allowing full freedom in everything relating to religion and charity1 but it further excepts from the limitation all rights of alienation of real estate granted or devised to a charitable association or to literary or charitable corporations organized under the law of the ,state4 ,the ,state of ,mississippi probably stands at the other extreme both in the narrowness of its constitution and statutory law1 and prohibits any devise or bequest of any personal property or real estate in favor of any religious or ecclesiastical corporation or any religious or ecclesiastical society4 ,neither does it exempt a clergyman1 physician1 or lawyer1 from examination as a witness concerning information that he obtained in the performance of his functions or duties as such4 ,its judges1 however1 are more liberal than its legislators1 and ,i know of no instance in which a clergyman1 physician1 or lawyer1 as a witness1 was sent to jail for contempt of court for not divulging information obtained in his professional capacity4 ,probably ,new ,york has the most complete code7#hf7 relating to religious corporations4 99#ea499 ,real ,estate1 ,parish1 ,diocese1 ,taxation4--,it is very important that a congregation about to purchase real estate should examine and understand the statutory law of the ,state governing the powers and authority of the ,church as a civil organization4 ,in some ,states there is no special law for incorporating religious societies2 while in most ,states there are special provisions therefor4 ,for this reason1 ,i emphasize the fact that no parish or clergyman is justified in organizing a congregation or purchasing land without first knowing the law of that particular ,state4 ,but generally it is best that each congregation be incorporated and that its property be held in the name of the corporation1 so that the debts of one corporation will not embarrass the diocese1 and that bequests and gifts made to a church may be enforced in the courts4 ,the proceedings to incorporate are fully stated in the statutes of each ,state4 ,one of the things of the utmost importance is that any notice to be given must be given strictly as required by law47#hg7 ,another is to incorporate in the way that avoids taxation47#hh7 99#eb499 ,riot1 ,damages4--,under a statute providing that a person whose property is destroyed by riot may bring suit against the county for damages1 a corporation for religious purposes1 as well as an individual1 has a right of action47#hi7 99#ec499 ,use1 ,change1 ,parsonage1 ,discipline1 ,doctrine1 ,curate4--,when a fee simple is acquired by a religious corporation1 without restriction as to quantity1 but limiting the purpose of its use1 a subsequent ,legislature1 with the consent of the corporation1 has power to change or abrogate altogether the restrictions as to the use of the land47#ij7 ,and the ,legislature may empower the church corporation to convey a house devised to it for a parsonage with a condition that it be kept in repair1 and invest the proceeds in other property to be held for the same purpose47#ia7 ,a ,state legislature can not interfere in church discipline and doctrine1 as by legislating what shall constitute a curate in the ,catholic ,church47#ib7 ,,chapter ,v4 ,,unincorporated ,,church ,,societies 99#ed499 ,partners1 ,debt1 ,liability4--,where several go into an undertaking without first being incorporated they are usually liable as partners1 each one being responsible for the whole debt4 ,in some ,states the same liability exists where an attempt has been made to incorporate1 but there was a failure to comply fully with the law47#ic7 ,there is some authority freeing the individual members of a religious society from liability for the debts of such society17#id7 and holding that an agent of such society could not bind the society in their associated capacity by a promissory note17#ie7 but the rule is that the members of an unincorporated society who actively incur lawful debts or ratify them after their creation are personally liable4 ,there are exceptions to this rule by statute or decisions in a few ,states47#if7 ,also1 the law of personal liability is settled in ,england47#ig7 99#ee499 ,pastor1 ,salary4--,in a late case in ,wisconsin where a pastor had a contract with his congregation as to his salary1 after the clergyman's death his heirs recovered the unpaid part of his salary in an action against a few of the individual members of the congregation47#ih7 99#ef499 ,building1 ,materials4--,the members of the building committee of an unincorporated church are liable for materials purchased by them for the church1 notwithstanding that the seller charged the materials in the name of the church1 and that at the time that the purchase was made1 he was told that the money for payment was to be raised by subscription among the congregation47#ii7 99#eg499 ,management1 ,disability4--,an unincorporated society is managed by those who are competent to transact their own business4 ,therefore1 it would seem that members must be men over twenty-one years of age1 and not under legal disability4 ,the minor sons in a family who have continued their attendance at the religious services until of full age1 are considered members47#ajj7 99#eh499 ,shakers1 ,sect1 ,catholic ,church1 ,trustees1 ,funds4--,although the sect called ,shakers is not incorporated1 yet it has been allowed to take and hold property for church purposes47#aja7 ,in ,massachusetts1 by statute1 a sect may take and hold property for religious purposes without incorporation47#ajb7 ,the ,roman ,catholic ,church is a recognized public corporation by most nations1 including the ,united ,states47#ajc7 ,no individual member of any such body has any title to the lands it holds1 but the lands are the property of the society in its aggregate capacity47#ajd7 ,after property has been acquired1 the trustees have no right to distribute it among the members1 as such power could not be conferred upon them by a majority vote even when approved by an order of the court4 ,the contributors did not intend their funds to be so disposed of1 and if they failed to attain the use intended1 they must be returned to the donors1 and if not called for1 would escheat to the state47#aje7 ,where an unincorporated society has purchased property and taken the title thereto in the name of one of its members1 when it subsequently incorporates such member may be required to execute a conveyance to the corporation47#ajf7 99#ei499 ,contract1 ,binding4--,persons forming a religious society may make a contract for the support of its minister by a majority vote47#ajg7 ,when such unincorporated society by a majority vote enters into a contract or compromises a suit1 it is binding upon the minority47#ajh7 99#fj499 ,court1 ,trust4--,any member of an unincorporated society may go into a court of equity on behalf of himself and others to enforce the execution of a trust in favor of the society47#aji7 99#fa499 ,societies1 ,membership1 ,forfeiture4--,voluntary religious societies when not restricted by their charters or articles of association1 may make by-laws declaring what shall constitute membership and what shall operate as a forfeiture thereof1 applicable to existing as well as to future members4 ,where money is voted to be raised by an assessment to be made at a subsequent period1 a person who was a member of the religious society at the time that such vote was passed1 but withdraws before the time of assessment1 is not liable to taxation47#aaj7 ,,chapter ,,vi4 ,,incorporated ,,religious ,,societies 99#fb499 ,special ,law1 ,general ,laws4--,in most of the ,states there is a special law under which congregations may be incorporated4 ,new ,york is a good example47#aaa7 ,where such law does not exist1 the congregation may be incorporated under the general laws4 ,for business reasons each congregation should be incorporated47#aab7 99#fc499 ,officers1 ,discipline1 ,property4--,when a church society incorporates it becomes a private corporation1 and the officers are bound to manage the property in the most upright and careful manner according to the discipline of the church47#aac7 ,when a parish incorporates1 the title to the parish property vests in the corporation1 to which trustees may be compelled to convey it47#aad7 99#fd499 ,incorporation1 ,evidence4--,the certificate of incorporation or charter of a religious society or a certified copy thereof from the public record1 is the proper evidence thereof47#aae7 ,secondary evidence and evidence aliunde may be competent in some forums47#aaf7 ,in most ,states if incorporation is alleged in the complaint1 it need not be proved unless denied by an affidavit or a verified answer4 99#fe499 ,congregation1 ,members4--,the act of incorporation applies only to the particular congregation petitioning for it and does not extend to other churches1 even though they are a subsequent growth within the same territory47#aag7 ,incorporation once established is presumed to continue47#aah7 ,when a new religious society is formed and incorporated1 consisting of individuals from existing parishes1 the members of the new society from the time of its incorporation cease to be members of the respective parishes to which they had belonged47#aai7 99#ff499 ,temporal ,affairs1 ,management4--,a majority of a religious corporation at a regularly called meeting may1 by a vote taken1 bind the minority in all temporal affairs47#abj7 ,the character of membership in the religious corporation may be very different from that of membership in the church47#aba7 ,the fact that a member has been declared out of the church by an ecclesiastical tribunal1 may not affect his rights in the management of the temporal concerns of the corporation47#abb7 99#fg499 ,corporators1 ,change4--,in isolated cases here and there it has been held that a majority of the corporators of a religious society has the right to change the form of church government1 as from the ,congregational ,church to an organization in connection with the ,presbyterian ,church47#abc7 ,but it is a general rule that a majority of the congregation can act only consistently with the particular and general laws of the church organization1 but not in violation of them47#abd7 99#fh499 ,constitution1 ,subsequent ,laws4--,an ecclesiastical society formed before the adoption of the state constitution is not by that constitution and subsequent laws concerning religious societies divested of its legal character47#abe7 99#fi499 ,name1 ,change4--,the name of an ecclesiastical corporation is arbitrary and a change or alteration in its name does not affect its identity47#abf7 ,a charter will not be granted to a church with a name so like another church in the same ,state1 that one may be taken for the other47#abg7 99#gj499 ,church1 ,regular4--,in church organizations those who adhere to the regular order of the church1 legal and general1 though a minority1 are the true congregation and constitute the corporation if incorporated47#abh7 99#ga499 ,notice1 ,legal4--,all the proceedings of a corporation1 including notice1 must be in accordance with the constitution and by-laws1 and no business transacted contrary thereto is legal47#abi7 99#gb499 ,control1 ,secede1 ,vested ,rights4--,the officers of a church corporation have control of the business management for all civil purposes1 excepting as otherwise provided by the articles of organization1 charter1 or by-laws of the corporation4 ,however1 the by-laws must not contravene the laws of the ,state47#acj7 ,a charter was refused in ,pennsylvania which provided that the congregation might1 by a majority vote1 dissolve or secede from the central body and divide the property47#aca7 ,a charter of incorporation may be amended in harmony with the principles1 discipline1 and objects of the church1 but not otherwise47#acb7 ,the fact that incorporation of a church confers certain rights and privileges under the charter1 such charter being accepted1 does not give the church corporation any vested rights47#acc7 99#gc499 ,consolidation1 ,control1 ,dissolution4--,so far as the ,state law is concerned1 two different denominations may form one corporation27#acd7 or two or more congregations of the same organization may form one corporation47#ace7 ,where such consolidation is attempted1 the new organization must have control of all the property47#acf7 ,so long as different congregations attempting to consolidate retain their respective identities1 they do not form a single corporation47#acg7 ,it is a general rule that a corporation may be dissolved by taking the steps required by law4 ,as there are various statutory provisions in the different ,states1 each case had best be attended to by an attorney4 ,in some ,states there is a provision that where a corporation fails to carry out its functions for a stated time1 it thereby becomes dissolved4 ,the omission of a parish for one year to elect officers1 does not necessarily operate as a dissolution under such statute4 ,in case of dissolution under a statute of that kind1 the property of the church is not forfeited to the ,state47#ach7 99#gd499 ,debt1 ,limited4--,the amount of debt which the trustees of a religious society may be authorized to create1 may be limited by its constitution47#aci7 99#ge499 ,conditions1 ,effect4--,where #a1jjj was given defendants to erect and maintain forever a ,lutheran church and prohibiting the grantee from alienating or disposing of or otherwise changing or encumbering the land by deed1 a mortgage given to secure a legitimate debt was held valid1 as the legal title was in the corporation and a court of equity could not refuse to enforce the mortgage for the payment of an honest debt under color of protecting a charitable use47#adj7 ,but property given a congregation for the maintenance of a church that becomes dissolved1 reverts to the heirs as a resulting trust47#ada7 ,a corporation that has been authorized to purchase land may execute a mortgage for the purchase money or a part of it without further authority47#adb7 ,where by an ancient agreement a meeting-house was to remain in a particular place1 a vote of the congregation will not justify pulling it down1 and an action of trespass will lie for razing it and damages will be given for the value of the building47#adc7 99#gf499 ,suits1 ,parties4--,when a church is incorporated1 it should be sued in its corporate name2 but when the bishop of the ,catholic church holds the legal title to the land in litigation1 he should be made a party47#add7 ,and if there are two sets of officers contending for control1 service of the papers upon the intruders may not be sufficient4 ,the safer practice is to serve upon both47#ade7 ,a suit by the trustees of a religious society to restrain other parties claiming to be trustees from interfering in the management and control of the society property1 is properly brought in the corporate name of the trustees and not in the name of the ,state47#adf7 99#gg499 ,incorporation1 ,sufficient4--,where the articles of incorporation were drawn and signed in the form required by law1 excepting as to the acknowledgment1 and were recorded1 and the corporation organized in good faith1 it became a de facto corporation and was sufficient to entitle it to sue to prevent certain members from perverting the use of its property47#adg7 99#gh499 ,dissolution1 ,fund4--,the corporation of a congregation can not by seceding and a majority vote dissolve the corporation where it is a part of a superior body47#adh7 ,but the courts have plenary powers over corporations under the ,united ,states jurisdiction1 such as territories1 and may dissolve a corporation47#adi7 ,the fact that the dissolution is contrary to1 or authorized by church discipline1 makes no difference as to granting the dissolution1 as such discipline can not supersede the state law47#aej7 ,on dissolution of a religious corporation1 the surplus fund derived from a legacy should be disposed of in the manner the court believes to be most in harmony with the will of the contributors to the fund1 could they have foreseen the event47#aea7 99#gi499 ,reorganization4--,a church corporation may reorganize and be reinstated into all rights that it formerly had47#aeb7 ,the steps to be taken to reorganize are usually provided by statute and should be closely followed4 ,upon the reorganization1 the old corporation becomes terminated47#aec7 99#hj499 ,meetings1 ,majority1 ,quorum4--,in corporate meetings1 meetings of boards1 and meetings of committees duly called1 a majority vote of those present determines the action of the body4 ,if the membership is indefinite1 those who attend such meeting constitute a quorum2 but if the membership is definite1 it requires a majority of the voting members to constitute a quorum1 unless the law of the ,state or the constitution 7articles of organization7 or by-laws provide a different number47#aed7 ,,chapter ,,vii4 ,,superior ,,authority 99#ha499 ,protestant1 ,ministers1 ,bishop4--,in most church organizations the authority is divided into superior and inferior4 ,in countries where there is an established ,protestant church1 the superior authority is first in the king and queen and secondly in the bishops4 ,the inferior authority is in the ministers and secular officers of the church4 ,where there is no established church1 the synod or bishop is the superior authority4 ,thus decisions of our courts usually apply to all churches alike4 99#hb499 ,roman ,catholic ,church1 ,pope1 ,bishops1 ,delegated4--,in the ,roman ,catholic ,church the superior authority is first in the ,pope and secondly in the other bishops4 ,this superior authority is graded and some of it may be delegated1 as in case of a ,papal delegate4 ,but the general rule that delegated authority can not be again delegated by the delegate without special authority applies to church matters4 99#hc499 ,bishop1 ,discipline1 ,clergy4--,within his diocese the bishop is the executive officer1 the legislature1 and the judiciary2 but he is subject to the superior authority of the ,church4 ,the bishop may make laws for his diocese1 subject to the limitation of the general doctrine and discipline of the ,church4 ,he has original jurisdiction of all causes arising in his diocese1 and may decide them in the first instance and inflict such penalties1 suspension1 or excommunication1 in accordance with the canons of the ,church1 as he deems fit4 ,the clergy are subject to his orders and discipline according to the canon law4 ,however1 without special contract1 the bishop is not civilly liable for the salary of a priest under him1 either while he is actually in the line of his assigned duties or while waiting to be assigned47#aee7 99#hd499 ,local1 ,secular ,matters4--,there is still another division of superior and inferior authority3 the local corporation or congregation has nothing whatever to do with the doctrinal or disciplinary functions of the ,church2 but has only such powers and authority with regard to secular matters as is provided by the laws of the ,state or conferred by the articles of organization1 charter1 and by-laws4 ,also1 unless there is some other rule to the contrary1 only the male members who are over twenty-one years of age1 have a voice and vote in such corporation47#aef7 99#he499 ,unincorporated1 ,authority4--,when a church is not incorporated1 all its elections and proceedings1 so far as they are not contrary to the laws of the ,state1 must be in accordance with the rules and regulations of the ,church2 and the rule that the inferior authority must give way to the superior authority in all matters within the limitations of the constitution and laws of the organization1 prevails47#aeg7 ,however1 courts are not always clear on the last part of this rule47#aeh7 99#hf499 ,tribunal1 ,action1 ,appeal4--,when any question arises and is being adjudicated in the tribunal of the church organization1 either as an original action or on appeal1 the ,state court will not interfere so long as the proceedings are in accordance with the rules and regulations of the church1 unless some vested right to property is in question or some one's right as a citizen of the ,state or of the ,united ,states is being infringed47#aei7 99#hg499 ,spiritual ,authority1 ,excommunication4--,neither the ,pope nor the bishop has any but spiritual authority within the ,state47#afj7 ,the law of this country considers excommunication as expelling from membership2 but does not tolerate interference with civil or property rights of citizens4 ,therefore1 major excommunication non tolerati1 is unlawful in the ,united ,states47#afa7 ,however1 a bishop is not liable for any expression of his opinion as to the extent of his episcopal authority nor for any act of omission in the exercise of his spiritual functions47#afb7 ,the civil courts will not go behind a church authority to inquire as to excommunication1 but may examine as to the competency of the tribunal according to the laws of the denomination47#afc7 99#hh499 ,constitution1 ,limited1 ,decisions4--,a written constitution is not necessary to prove the connection between a subordinate and superior ecclesiastical body2 but it will be inferred from the circumstances of the case47#afd7 ,the superior may dissolve or reorganize an inferior body as a congregation47#afe7 ,in fact the superior authority1 in religious matters1 is plenary1 excepting as limited by the laws of the ,state and the constitution of the ,church47#aff7 ,the decisions of the ecclesiastical tribunals in all cases on doctrine1 order1 and discipline1 are conclusive in the state courts47#afg7 ,,chapter ,,viii4 ,,inferior ,,authority 99#hi499 ,priesthood1 ,discipline4--,the inferior authority in the ,church may be said to be in the priesthood1 whose rights and duties are fixed by the canon law1 but who are still further subject to the reasonable diocesan rules made by the bishop4 ,the disciplinary relation of a priest to his bishop is substantially the same as that of a captain to his colonel1 and implicit obedience in accordance with the discipline of the ,church may be strictly enforced by the bishop in so far as it relates to ecclesiastical matters1 including doctrine and discipline1 in which the priest can not resort to the courts of the ,state1 but must submit to the tribunals of the church47#afh7 99#ij499 ,congregation1 ,insubordinate1 ,discipline4--,the male members of a congregation are invested with no visitorial or controling power1 but only such authority as is given under the laws of incorporation47#afi7 ,where an inferior organization1 as a congregation1 refuses to receive a clergyman appointed by the bishop1 it is an act of insubordination to the ecclesiastical authority of the ,church and in violation of its discipline1 which authorizes the issuing of a peremptory mandamus commanding them to admit the clergyman47#agj7 99#ia499 ,pastor1 ,parish1 ,relation4--,when a clergyman's connection with a church had been duly dissolved1 he ceased to be pastor of the church and an arrangement with the parish to retain his relation as pastor of such church was nugatory and void47#aga7 99#ib499 ,clergymen1 ,citizens4--,clergymen residing in an incorporated town are not exempt from the performance of any duties required of citizens1 unless such exemption is given by statute47#agb7 99#ic499 ,doctrine and ,discipline1 ,authority4--,in all matters concerning doctrine and discipline of the ,church1 the inferior authority1 such as ministers1 priests1 and deacons1 as well as the congregation1 must submit to the decision of the higher authority1 whether bishop1 synod1 or council47#agc7 99#id499 ,sect1 ,suit1 ,property4--,a number of people formed a congregation and became incorporated in #ahaj1 the members being mostly of ,presbyterian extraction4 ,this independent congregation bought and paid for property1 the title vesting in the corporation4 ,in #ahaa the congregation passed resolutions unanimously that it 8would be imprudent and unscriptural0 to establish a new religious sect1 and voted to join the ,first ,reformed ,dutch ,church1 which had an organization of inferior and superior authority4 ,the congregation was received into and became a part of the general organization1 and remained so until #ahfj1 when a majority of the congregation voted to employ a ,methodist minister1 and when his name was submitted to the superior authority1 the 8classis10 he was rejected as not belonging to the church4 ,then by a majority vote1 the congregation seceded and assumed its first name1 and thereafter brought suit for the church property4 ,the court held that by joining the ,first ,reformed ,dutch ,church1 the title of the property vested in the congregation of that church as represented by its corporation1 and that when the majority seceded and left the church1 they had no right nor title to any of the property4 ,and the court laid down the general rule that a majority of a church congregation may direct and control any church matters consistently with the particular and general laws of the organization or denomination to which it belongs1 but not in violation of them47#agd7 99#ie499 ,priest1 ,salary4--,the fact that a bishop who holds the title to all the diocesan property in his own name in trust appoints a priest to the parish or as chaplain to a hospital1 does not give the priest a right of action against the bishop personally for his salary4 ,the relation of bishop and priest is not that of employer and employe1 but is that of ecclesiastical superior and inferior47#age7 99#if499 ,curate1 ,induction1 ,rector4--,the jus patronatus of the ,spanish law has been abrogated in ,louisiana4 ,the wardens of the church can not compel a bishop to institute a curate of their appointment1 nor is he in any sense subordinate in his clerical functions to the wardens of any church within his diocese47#agf7 ,in the absence of a positive rule of the ecclesiastical body1 no ceremony of induction is necessary for the rector of a parish47#agg7 ,a clergyman appointed 8permanently0 to a rectorship holds it for an indefinite period during the pleasure of the contracting parties1 and either of the contracting parties may give the other notice of termination1 and with the concurrence of the higher ecclesiastical authority of the diocese1 a change may be made47#agh7 ,it is doubtful1 however1 whether in most ,states a permanent appointment would not be construed as a contract for life1 determinable only for good cause47#agi7 99#ig499 ,controversy1 ,tribunal1 ,decision4--,when the clergyman and his parishioners submit a controversy to an ecclesiastical tribunal1 the decision1 if not impeached for good cause1 is justification in the party conforming to it47#ahj7 ,and a minister who submits to a church tribunal and is ousted after fair hearing and trial1 can not obtain a writ of mandamus from the civil court to compel his reinstatement47#aha7 ,also1 after a minister has been dismissed in due manner by the tribunal of his denomination1 the civil court will enjoin him from usurping his office47#ahb7 99#ih499 ,priest1 ,dwelling1 ,servant4--,a ,catholic priest in charge of a congregation at the will of the bishop and occupying a dwelling-house belonging to the church1 is a servant and not a tenant1 and his right to occupancy ceases with his services47#ahc7 ,the law is different with regard to a ,methodist minister who is in charge of his parish by an annual conference and can not be ejected by the congregation or bishop until the next conference1 as he has possession of the church property without superior authority47#ahd7 99#ii499 ,injunction1 ,bishop1 ,priest1 ,trial4--,on application for an injunction to restrain the bishop from passing a sentence against a priest1 the only ground on which a court can exercise jurisdiction is that the threatened action of the bishop will affect the civil rights of the priest47#ahe7 ,a bishop can not remove a priest without an accusation1 hearing1 or trial1 and forbid him to exercise any priestly function where such removal would cut off the priest's income and destroy his means of living in his vocation47#ahf7 ,however1 in the same case it was held that a complaint stating that the bishop failed and neglected to assign the plaintiff to the exercise of his office of priest in said diocese to the plaintiff's damage1 etc41 failed to show that any right of property or civil right was involved and the priest was non-suited1 while in the former case an injunction was issued against the bishop47#ahg7 99#ajj499 ,confession1 ,privacy1 ,authority4--,a ,catholic priest1 although about to administer an office of his religion to a sick person at the latter's request1 has no legal authority1 by virtue of his priestly character1 to forcibly remove from the room a person lawfully there47#ahh7 99#aja499 ,debts1 ,permission1 ,presumed4--,notwithstanding a rule or ecclesiastical law of the church that a pastor shall not contract debts in the name or for the sake of the church without the written permission of the bishop1 such written permission is not evidence that debts contracted under it are the legal debts of the bishop4 ,the authority which bishops delegate to priests is under the ecclesiastical law and prima facie ecclesiastical authority1 and must be presumed to be so in the absence of all evidence to the contrary47#ahi7 99#ajb499 ,official ,acts1 ,subscriptions4--,the official acts of a minister coming in question incidentally1 unless contrary to the statute1 are as valid as the official acts of any other officer47#aij7 ,a clergyman who was engaged to conduct dedication services and was requested by the officers of the local corporation to solicit subscriptions for paying off the indebtedness of the church1 but was not appointed agent to receive such subscriptions1 had no authority to accept a subscription for the corporation47#aia7 99#ajc499 ,exemptions1 ,clergy4--,the exemptions given ministers by the statutes of some ,states are liberally construed47#aib7 ,without any statutory exemption1 the clergy are liable for all duties required of other citizens47#aic7 99#ajd499 ,minister1 ,contributions1 ,deposed4--,no religious teacher or minister can be enjoined from receiving voluntary contributions1 although he has been deposed by some ecclesiastical tribunal47#aid7 99#aje499 ,fees1 ,usages1 ,excess4--,the fees of a priest of the ,catholic ,church are regulated by the laws and usages of that ,church1 and where in this country the pew rent and collections go for the support of the priest and the current church expenses1 a priest is not accountable for the excess of such collections over these expenditures47#aie7 99#ajf499 ,salary1 ,fees4--,under the act of ,march1 #ahad1 incorporating a congregation1 the congregation1 being the legal owners and temporal administrators of the property which it was authorized to hold1 had the exclusive power to fix the salary of the parish priest or the tariff of fees for marriages1 burial1 etc4 ,no such power could be exercised under that act by the ,pope or any bishop47#aif7 99#ajg499 ,clergyman1 ,salary4--,where a clergyman agreed with a congregation that the salary should be what could be raised by subscription1 the congregation was bound to use due diligence in procuring subscriptions1 and as it did so1 that was all that the clergyman could recover47#aig7 99#ajh499 ,curate1 ,services4--,in an action by a curate against a religious corporation for personal services1 the court will not inquire into the spiritual relations existing between the parties1 but will examine their legal rights only47#aih7 99#aji499 ,minister1 ,dismissal1 ,money ,advanced4--,after a parish has voted to dismiss the minister1 it is not competent to prove irregular conduct or immorality in answer to his claim for salary1 without alleging it in the vote of dismissal47#aii7 ,in ,illinois it was held that a priest who advanced money from his private resources for improving church property1 had an equitable lien upon the property for all the money advanced1 with legal interest47#bjj7 ,but in ,pennsylvania1 where a priest under the direction of the bishop built a church in his parish for mission purposes1 and in doing so expended some of his own money1 it was held that in the absence of proof of any rule or custom of the ,catholic ,church making the payment of such expenses obligatory on the parish1 that he could not recover the money so expended from his congregation47#bja7 ,,chapter ,,ix4 ,,membership 99#aaj499 ,business1 ,religious ,membership4--,unless there is some other law or rule to the contrary1 the male members of the congregation over twenty-one years of age constitute the business membership of a religious society47#bjb7 ,but the question of membership of religious societies or congregations is left to be determined by the rules of the religious denomination to which they belong47#bjc7 ,and where a condition of membership is that the person must contribute to the support of the church and be a communicant1 if he is not a communicant he is not entitled to vote47#bjd7 99#aaa499 ,regular1 ,doctrines1 ,support4--,the ones who adhere and submit to the regular order and doctrines of the church1 although a minority1 constitute the true congregation47#bje7 ,at least two things must concur to qualify a person as a voter3 first1 stated attendance at divine worship in the congregation2 and1 second1 contribution to the support of the church47#bjf7 ,the list of members kept by the clerk or secretary of the congregation is evidence of membership47#bjg7 ,a person who denies any part of the system of theology received and taught by the denomination is not a member of the church47#bjh7 99#aab499 ,factions1 ,authority4--,where two factions of a church1 each claiming to be the church1 try members of the other faction1 a court may determine which of the factions is the authorized authority or that the action taken by either or both of them is nugatory for want of authority47#bji7 99#aac499 ,faith1 ,burial4--,whether a person died in the faith of the ,roman ,catholic ,church so as to be entitled to burial in its cemetery1 is not a question within the jurisdiction of civil courts1 but must be decided by the ecclesiastical authorities47#baj7 99#aad499 ,rules1 ,membership4--,every denomination has the right to prescribe by rules1 its constitution1 or its by-laws1 the conditions of membership2 and any one who will not subscribe to and practise the doctrines of the denomination is not a member47#baa7 99#aae499 ,minor4--,where the legal members of a society that is incorporated consist of male members of the church of full age1 when minor sons become of age1 they become legal members of the corporation1 provided they remain in the church47#bab7 99#aaf499 ,officers1 ,non-,members4--,it has been held that a person may be an officer or member of the church corporation or its temporal concerns without being a member of the denomination47#bac7 99#aag499 ,debts1 ,unincorporated ,parish4--,in ,connecticut members of an ecclesiastical society formed by voluntary association under the statutes of the ,state are not individually liable for the debts of such society47#bad7 ,but where there is no statute on the subject1 the members of an unincorporated parish are liable for lawful debts contracted or ratified by them1 and their property may be levied on for such debts incurred or judgments rendered while they are members of the society47#bae7 ,the members of an unincorporated parish may be sued to recover the salary of a deceased pastor up to the time of his death47#baf7 99#aah499 ,execution1 ,property4--,while an execution against a territorial parish may be levied on the property of a member of the parish1 it can not be levied on property of a person who ceased to be a member before the levy47#bag7 99#aai499 ,incorporated1 ,subscriptions4--,the members of an incorporated poll parish are not individually liable on a judgment and execution against the corporation1 excepting on the unpaid subscriptions47#bah7 99#abj499 ,expelled1 ,merits4--,mandamus can not be resorted to to restore a member regularly expelled from his church1 as a court will not inquire into the merits of the case47#bai7 99#aba499 ,lay ,members1 ,appointed4--,where the statute provides that two lay members of the corporation of a ,catholic parish shall be appointed annually 8by the committee of the congregation10 the members of the congregation have no right to elect said two members1 and those appointed in the proper manner are lawful officers47#bbj7 ,,chapter ,x4 ,,heresy ,,and ,,secession 99#abb499 ,mother ,church1 ,control4--,a majority of the members of a congregation can not by their vote leave the church and transfer the property of the congregation to another church so long as any portion of the congregation remains faithful to the mother church of which such congregation forms a part4 ,such minority shall retain control of the property47#bba7 99#abc499 ,seceders1 ,funds4--,nor can seceders from a religious denomination retain the funds in their hands as trustees on the ground that they were members of the society when the funds accrued47#bbb7 ,the title to church property in a divided congregation is in that part of the congregation which is acting in harmony with its own law2 and the ecclesiastical laws and principles which were accepted among them before the dispute began are the standards for determining which party is right47#bbc7 99#abd499 ,society1 ,foreign ,language1 ,independent4--,the formation of a society distinct from the rest of the congregation for the purpose of instruction in a portion of the doctrine of the same church in a foreign language is not a separation from the congregation1 although it has its own minister and officers47#bbd7 ,where an independent congregation of one denomination votes unanimously to go over to another denomination1 and the title to the church property is in the parish corporation1 the seceders take with them the church property47#bbe7 99#abe499 ,subordinate1 ,incorporated4--,a religious society subordinate to church judicatures1 which declares itself independent and becomes incorporated under the general law of the state and subsequently purchases land and takes title in the name of the corporation1 holds such land independently of such church judicatures47#bbf7 99#abf499 8,church10 ,seceders1 ,debt4--,where a religious society amended its constitution as provided therein1 those who adhered to the amended constitution constituted the 8church10 and those who refused to do so were seceders47#bbg7 ,after seceding1 a member of a parish is liable for a debt existing at the time of his secession47#bbh7 99#abg499 ,bible1 ,constitution1 ,withdrawal4--,a religious organization that takes the ,bible as its constitution can not declare a member a seceder who interprets it contrary to the ,augsburg ,confession of the denomination47#bbi7 ,what amounts to a voluntary withdrawal of members from a religious association1 is a question of law47#bcj7 99#abh499 ,majority1 ,obligation4--,the fact that a majority of the members of a religious corporation secede therefrom by a vote1 does not affect its obligation entered into prior thereto47#bca7 ,two factions of a church separating and keeping up different organizations may both still retain their membership in the denomination47#bcb7 99#abi499 ,division1 ,funds4--,where there is a division in a denomination by the secession of a part of the members from the mother church1 the ,legislature has no authority to divide the funds and give a part to the seceding division47#bcc7 99#acj499 ,methodist1 ,slaveholding1 ,non-,slaveholding1 ,quarrel1 ,schism1 ,secession4--,the division of the ,methodist church into distinct organizations of slaveholding and non-slaveholding ,states1 was not a secession and neither division lost its interest in the common property47#bcd7 ,a quarrel in a congregation growing out of an illegal election followed by the majority excluding the minority from the church1 is not a schism1 and is no ground for a division of the church property47#bce7 ,the secession of a whole congregation does not carry with it the church property2 and those who are left and adhere to the mother church retain control of the property47#bcf7 ,when the seceders from one church join another1 they forfeit all claim to any interest held by the former and lose identity with it47#bcg7 ,,chapter ,,xi4 ,,excommunication 99#aca499 ,definitions1 ,minor4--,excommunication1 as construed in law1 is the official announcement by the superior authority of the termination of membership in a religious body and the forfeiture of spiritual privileges of the church4 ,it is one of the methods of discipline in the nature of expulsion from membership in a fraternity1 and the fact of expulsion from a church is conclusive proof that the person expelled is not a member of such church4 ,whether the excommunication was wrong or not can not be examined into in the courts of the ,state1 and such expelled member can not maintain a suit in relation to church property nor vote for trustees47#bch7 99#acb499 ,major ,excommunication4--,as excommunication non tolerati affects the rights of citizenship1 it is not lawful in ,england nor the ,united ,states4 ,to say that ,a4 has been excommunicated in any form1 if untrue1 is slander47#bci7 99#acc499 ,vote1 ,sentence4--,when a vote of excommunication from a church has been passed in the ,congregational church and the offender thereby declared no longer a member1 the sentence may be promulgated by being read in the presence of the congregation by the pastor47#bdj7 99#acd499 ,trustees1 ,disqualified4--,the trustees of a church who have been excommunicated are not thereby disqualified in law to act as trustees47#bda7 99#ace499 ,devise1 ,void4--,a parent may leave money to a child payable in yearly instalments on condition that said child shall continue to be a member of a particular church and attend the regular meetings thereof1 and in case he fail so to do that the bequest be thereupon paid to a missionary society4 ,such a devise is not contrary to the constitution of the ,state of ,wisconsin and is not void for any other reason47#bdb7 99#acf499 ,fraternity1 ,excommunicated1 ,bequest4--,where a church member was also a member of an insurance fraternity connected with his church1 the constitution of which required that every member of the fraternity should be and remain a practical ,roman ,catholic1 when he was excommunicated from membership in the church he thereby forfeited his benefit certificate in such fraternity47#bdc7 ,also1 a condition that a bequest shall be forfeited if the legatee should not marry a ,protestant wife1 the daughter of ,protestant parents who have always been ,protestants1 was held to be valid and not an infringement of any constitutional right47#bdd7 99#acg499 ,action1 ,expulsion4--,an action can not be maintained against the parish corporation for expulsion from the church47#bde7 99#ach499 ,forfeiture of ,membership4--,any member may forfeit his membership in a church47#bdf7 99#aci499 ,insubordination1 ,expulsion1 ,hearing4--,the authorities in the church1 under its rules and discipline1 have a right to exclude members in the church1 for insubordination47#bdg7 ,if the church has no rules as to expulsion of members1 the common law prevails1 and a member can not be expelled without due notice and fair hearing47#bdh7 99#adj499 ,injunction1 ,mandamus1 ,sepulture4--,an injunction will not be granted to prevent the expulsion of a member contrary to the charter and by-laws of the denomination2 but if a member be expelled without warrant of law1 he has his remedy by mandamus for reinstatement47#bdi7 ,a person who has been expelled can not maintain an action for restoration in order to enjoy the right of sepulture1 as it is premature47#bej7 99#ada499 ,expulsion1 ,illegal4--,the attempt of a minority of a church to expel the majority of the members and turn over the property to another denomination is illegal4 ,however1 the same would be true if it were done by the majority47#bea7 99#adb499 ,freedom1 ,faith1 ,doctrine4--,the constitution in declaring the freedom of all men to worship ,god according to the dictates of their own consciences1 does not give a church member the right to repudiate the faith and doctrine on which the church was founded1 and at the same time to insist on his right to exercise and enjoy the benefits and privileges of a member of such church47#beb7 ,every person joining a church1 impliedly1 if not expressly1 agrees to conform to its rules and to submit to its authority and discipline47#bec7 ,a person who has been expelled from a religious society can not maintain an action for services rendered the society while he was a member47#bed7 ,,chapter ,,xii4 ,,elections 99#adc499 ,time1 ,place1 ,void4--,where a religious society that is incorporated holds an election for trustees1 which is held at the wrong time or place1 the election is void47#bee7 99#add499 ,voting1 ,communicants1 ,attendance4--,a by-law of a church that prohibited any person whose pew rent was in arrears more than two years from voting at a church meeting1 is valid and reasonable47#bef7 ,where a charter of a religious society allowed only members being communicants to vote after they had attained the age of eighteen years1 to entitle a member of the congregation to vote it was necessary that he should have taken the sacraments after the age of eighteen years47#beg7 ,where the right to vote was limited to members who contributed not less than ten shillings annually toward the support of the church1 those who were challenged for want of complying with the rule can not do so after being challenged and then vote47#beh7 ,stated attendance at divine worship in the church1 congregation1 or society1 and contribution to the support of such church1 may be made the tests of the right of a person to be a voter at an election4 ,the attendance of a wife or children of the family is not sufficient to confer the right to vote on the husband or father47#bei7 99#ade499 ,voters1 ,poll ,list4--,parol evidence is admissible to prove the number of persons entitled to vote in a church society1 notwithstanding that there is a register of names of the stated hearers in such church kept by the clerk of the trustees4 99#adf499 ,notice1 ,quorum1 ,majority1 ,strangers4--,it is not necessary that a majority of the members of a religious society be present to constitute a corporate meeting4 ,those present at a regularly called meeting of which due notice has been given to all the members1 constitute a quorum2 and1 in the absence of a rule to the contrary1 a majority of the votes cast carries any question47#bfj7 ,the presence of strangers1 unless they vote1 will not vitiate the proceedings4 ,if they should vote1 unless their votes determine the election1 it will not be void47#bfa7 ,the casting of a few illegal votes that would not change the result of the election does not make it void47#bfb7 99#adg499 ,challenge1 ,ground4--,the right of a person to vote at any meeting may be challenged4 ,the proper time to challenge a voter is when he offers his vote4 ,after his vote has been received it can not be thrown out on the ground that he was disqualified47#bfc7 ,a church election for which due notice has been given1 that has been fairly conducted1 and all the requirements of the statute or rules of the church complied with1 is conclusive47#bfd7 ,without due notice1 all proceedings are void47#bfe7 99#adh499 ,by-,laws1 ,usage4--,if there is no law of a religious society determining the mode of conducting an election1 the corporation may provide by-laws therefor2 and if the corporation should fail to make such by-laws1 a long established usage will govern47#bff7 ,also1 if the time an election is to be held is provided for1 but the manner of conducting it is not1 the meeting may be conducted according to established usage47#bfg7 99#adi499 ,ballot1 ,hand ,vote4--,the vote of a religious society at an annual meeting for the election of officers that the officers shall always be chosen by ballot1 does not vitiate an election of officers by hand vote at a subsequent annual meeting4 ,but a provision in the constitution or by-laws requiring a ballot must be complied with47#bfh7 99#aej499 ,hold ,over1 ,successors4--,when the election of the new trustees is invalid1 the old trustees hold over until there will have been a valid election of their successors47#bfi7 ,but where a board that was illegally elected employed a minister who had no notice of such illegality1 he was entitled to his compensation according to the contract47#bgj7 99#aea499 ,majority1 ,votes ,cast4--,where the majority of a congregation protested against the proposed candidate1 but failed to vote for any one1 such candidate who received the greatest number of votes cast1 was lawfully elected47#bga7 99#aeb499 ,by-,law1 ,tickets4--,when a by-law provides that 8if besides the names there are other things upon the tickets1 such tickets are not to be counted10 a ballot having an engraved eagle on it should be rejected47#bgb7 ,however1 in a very recent case under a statute that specifically provided what should be printed on the general election ballot1 and in addition thereto the ,union ,labor label was printed thereon1 the court held that the statute should be strictly construed in favor of the voter and that the ticket should be counted47#bgc7 ,,chapter ,,xiii4 ,,officers 99#aec499 ,charter1 ,by-,laws4--,the articles of organization or the charter which is the constitution of the corporation may provide who may be officers of a religious society and limit their authority4 ,the constitution usually gives further authority to make by-laws which are binding on the officers as well as on the members47#bgd7 99#aed499 ,unincorporated ,church1 ,incorporated4--,the officers of an unincorporated church can only be elected by the members of the church1 unless there is some law of the ,state or rule of the church that provides for appointing them4 ,in an incorporated congregation1 the charter and by-laws of the corporation determine whether the officers shall be elected or appointed47#bge7 99#aee499 ,trustees1 ,control4--,a statute passed in #ahac providing that a certificate of incorporation by the bishop1 vicar-general1 pastor of the church1 and two others selected by them and their successors shall be a body corporate1 does not constitute the trustees the corporation in place of the congregation so as to make the acts of a majority of the trustees binding on the corporation in the absence of proof of other authority47#bgf7 ,under the statutes of ,louisiana providing for the incorporation of congregations for the purpose of administration and revenues1 it was held that the corporation had full control and was responsible to the congregation alone and could not be controled by the clergy4 ,the congregation had the right to elect others in the places of those amoved by reason of their misuse or abuse of their powers47#bgg7 ,and in ,massachusetts1 under the law for incorporating ,catholic parishes1 no one but the trustees have any power47#bgh7 99#aef499 ,membership1 ,office4--,where church membership is necessary to hold office in the church corporation1 it is a binding condition precedent47#bgi7 ,an officer who withdraws or is expelled from a religious organization thereby terminates his office47#bhj7 99#aeg499 ,certificate of ,election4--,a certificate of election of officers is prima facie evidence thereof1 but the truth may be shown aliunde and a wrong certificate may be cancelled by a judgment of a competent court on a writ of quo warranto or proceeding under a statute of the ,state4 ,also1 if the certificate does not conform to the law1 it is insufficient47#bha7 99#aeh499 ,term1 ,successors1 ,contest4--,where there is no term of office fixed1 the presumption is that an officer continues as such until proof to the contrary is established17#bhb7 or until his successor shall have been elected and shall have qualified47#bhc7 ,also1 the officers elected for a certain term can not be amoved by electing new officers before the end of the term47#bhd7 ,when officers or committees have been elected 8for the ensuing year10 they shall hold office until superseded by their duly elected successors4 ,where two sets of officers were elected at a meeting of a religious corporation and the set that was elected according to the charter continued in office by appointment thereafter1 it was too late for the irregularly elected officers to make a contest for the offices after the term for which they had been elected had expired47#bhe7 99#aei499 ,by-,laws1 ,preside4--,at an election of trustees under by-laws that provide that certain officers shall preside1 if there are no such officers members may be selected to preside in their places47#bhf7 99#afj499 ,note1 ,overdraft1 ,interest4--,the president and secretary of a church corporation have no authority to make a promissory note unless authorized by the board of trustees47#bhg7 ,neither has the treasurer authority to make an overdraft on a bank with the action of the trustees47#bhh7 ,the trustees of a parish1 however1 may make a note binding the congregation for the payment of the money used in building a church47#bhi7 ,but when the trustees have an interest in the transaction1 adverse to the congregation1 they are disqualified from acting47#bij7 ,when trustees had claims against the congregation which they included with other claims that third parties had against the church1 they could not put them in a judgment note so as to get a lien upon the church property4 ,when officers do not bind the congregation1 they usually bind themselves47#bia7 ,the trustees of an unincorporated church can not bind it beyond the expressed powers granted by the members47#bib7 99#afa499 ,board1 ,control4--,when the laws of the organization give control of matters to the board of trustees1 the majority of the members of the church can not control the action of the trustees contrary to the usages and regulations of the church47#bic7 99#afb499 ,treasurer1 ,accepting a ,draft4--,a parish treasurer has no authority under any condition to bind the corporation by accepting a draft in favor of a third person4 ,a treasurer elected for the purpose of receiving and investing funds in his individual name1 holds such funds as trustee for the church and is subject as such trustee to a court of equity4 ,persons claiming to be trustees of a church but never getting possession of their offices or the property of the church1 can not maintain an action against other persons who are in possession and have been duly elected47#bid7 99#afc499 ,note1 ,trustees4--,a church will not be bound by a note which was executed by two of its trustees and sent around to other trustees to sign it1 where there was no vote of the board of trustees at an authorized meeting to borrow or to execute such note47#bie7 ,a meeting of a board must be called as required by law or the by-laws of the organization1 and in the absence of any such all members must be notified a reasonable time before the time fixed for holding the meeting4 ,however1 if all the trustees are present and agree to hold a meeting it is valid2 but it would be well to put such consent in writing and have all the members sign it47#bif7 99#afd499 ,money1 ,powers4--,the treasurer of a congregation has no right to return to members moving out of the parish a part of the money paid for the church by them47#big7 ,officers of a corporation have no powers only those conferred upon them by the charter and by-laws of the corporation or by a majority vote of a duly called meeting of the congregation47#bih7 ,when the trustees of a church are authorized to execute contracts for the church1 they should act as a body or delegate the power to one of their number or ratify the acts of one of their number47#bii7 ,the individual disjointed action of trustees of a religious society1 at various times and places1 although assented to by a majority1 is not the action of the board1 and is not binding on the society4 ,to make the action of the board of trustees binding1 they must duly meet and by a vote determine their action47#cjj7 99#afe499 ,de ,facto ,officers4--,the acts of de facto officers can not usually be questioned in a collateral proceeding1 such as to set aside a conveyance1 when the merits of the question do not involve the election47#cja7 ,being elected does not alone make a person a de facto officer2 but he must also be acting in the particular office to which he claims to have been elected47#cjb7 ,but one who has entered into a contract with the officers of a congregation is estopped from denying their authority to make such contract47#cjc7 99#aff499 ,trustees1 ,thanks1 ,charge4--,where trustees have taken care of funds without charge1 the only entry kept being a vote of thanks from time to time1 they could not afterward charge a commission on the moneys handled by them for such services47#cjd7 99#afg499 ,discretion1 ,excommunication4--,a court has no authority to control the exercise of the judgment or discretion of the officers of a church in the management of its funds so long as they do not violate its constitution or by-laws47#cje7 ,excommunication does not always remove an officer of a church corporation47#cjf7 ,the legal rights of a bishop in regard to the temporalities of a church where they are not prescribed by civil law1 must rest1 if at all1 upon the ecclesiastical law1 which must be determined by evidence47#cjg7 99#afh499 ,key1 ,possession1 ,right4--,having the key of a church1 is prima facie evidence of possession1 but the right of possession is a matter of proof47#cjh7 99#afi499 ,church1 ,bishop1 ,debts1 ,salary of a ,priest4--,where a church is not itself liable because it is not incorporated1 the ,roman ,catholic bishop of the diocese is not personally liable for moneys borrowed by the pastors of such church in the name of the church1 which were partly invested in real estate which was put in the bishop's name in the usual manner1 although the bishop's permission was necessary before borrowing the money1 and notwithstanding that the bishop raised some of the money to pay some of the debts and the mortgage on the real estate of the church on his personal security1 and he received part of the borrowed funds from a dying pastor and handed it over to his successor47#cji7 ,also1 a bishop is not personally liable for the salary of a priest whom he engages4 ,they are fellow servants working for the ,church and not in the relation of employer and employee any more than are a general and captain in the same army47#caj7 99#agj499 ,note1 ,building ,committee4--,in an action on a note given by the pastor of a church for money borrowed to pay bills for the erection of the church building1 in which the plaintiff sought to charge the building committee1 and it appeared from the plaintiff's testimony that the title to the property was in the bishop and the committee did not handle any of the funds1 but was a shifting body to whom the pastor only went for advice and consultation1 it was held that the plaintiff could not recover47#caa7 99#aga499 ,fraud1 ,trust4--,where a 8prophet0 induced members of his organization1 by his fraud and deceit1 to convey to him all their property in discharge of a religious duty and then refused to account to them1 the court declared the trust closed and divided the estate among the members in proportion to the money1 property1 and labor contributed by each of them47#cab7 99#agb499 ,superioress1 ,money4--,a person who contributed money for the purpose of repairing a convent1 the money being turned over to the superioress and the convent not being incorporated1 upon the project being abandoned subsequently a personal judgment could not be obtained against the superioress for the money contributed47#cac7 99#agc499 ,loan1 ,priest4--,if a man lends money to a priest for the purpose of paying a note against the congregation left at the bank for collection1 he can recover the money so paid from the congregation47#cad7 99#agd499 ,warden1 ,wages1 ,sexton4--,a church warden who was hired by the trustees of a church can not collect his wages by an action against the priest of the parish47#cae7 ,a church accepting the services of a sexton is liable to him therefor1 whether the by-laws were observed in employing him or not2 nor will the fact that any party 7as in this case the ,ladies of the ,altar ,society7 agreed to contribute to his annual salary1 defeat his recovery of the whole from the church employing him47#caf7 99#age499 ,sewing ,circle1 ,money4--,a church may maintain an action against a sewing circle to require it to pay over money collected for the benefit of the church47#cag7 ,,chapter ,,xiv4 ,,meetings 99#agf499 ,business1 ,notice1 ,meeting4--,where1 in the transaction of the local business of a religious society1 whether incorporated or not1 meetings of the members shall become necessary1 in order to make such meetings legal due notice thereof should be given to every member4 ,the notice should specify the exact time and place where the meeting will be held1 and no change can be made except at such time and place4 ,unless some other place is specified1 the parish church is the proper place for holding meetings4 ,if the church should be locked and the key can not be found1 a meeting should be held at the door or at the nearest practical place to the church where all the members may assemble1 and then by a majority vote they may adjourn to any convenient near place accessible to all the members47#cah7 99#agg499 ,acts1 ,void1 ,lawful1 ,clerk4--,the acts of a majority of the members of a corporation1 unless done according to law and in conformity with the charter and by-laws of the corporation1 are absolutely null and void47#cai7 ,the only lawful manner by which a congregation can express itself1 is by a meeting regularly called and held upon due notice47#cbj7 ,the notice of a meeting should be authorized by the trustees or other authority of the church1 and given to all the members4 ,the clerk of the board of trustees1 unless authorized to do so1 has no authority to sign the name of the members of the board to a notice1 and a meeting called in that way is illegal47#cba7 99#agh499 ,special ,meeting1 ,notice4--,when a meeting is special1 the notice must state for what purpose the meeting is called4 ,if it fails to do so it is void1 and unless all the members are present and consent to the holding of the meeting1 all business transacted is illegal and void47#cbb7 ,notice of a special meeting that states one specific purpose for which it is called1 and then states 8to transact any other business that may legally come before the meeting10 is not good for any purpose except the one specified47#cbc7 99#agi499 ,meeting1 ,consent4--,a valid meeting can not be held by a corporation1 unless notice has been given in conformity with the laws and rules and regulations of the corporation or the consent of every person who is entitled to be present at the holding of such meeting4 ,in the latter case the consent should be in writing and signed by all the members47#cbd7 ,however1 a person who attends a meeting and takes part in it without objection1 is estopped from raising the question of notice47#cbe7 99#ahj499 ,notice1 ,principal ,service1 ,custom4--,when a rule of a church required notice of a meeting to be given at the principal service1 a notice given at an earlier service only1 was void47#cbf7 ,but where the ordinances of a church specified that the election of officers should be at least six days before the end of their term1 and it became the custom of the church to hold the election on a movable holiday which sometimes was less than six days1 the election was held valid47#cbg7 99#aha499 ,adjournment4--,where a meeting was noticed for one day and held on a different day without notice of adjournment1 all acts done were void and the officers elected were neither de jure nor de facto officers47#cbh7 99#ahb499 ,proof of the ,notice4--,the proper proof of the notice would be the return of the officer serving the notice1 in some ,states2 and in others an affidavit of the person who served the notice4 ,the proof of the services of a summons would be sufficient unless there is some other law or rule to the contrary47#cbi7 99#ahc499 ,presiding ,officer4--,when the laws of the organization provide who shall preside at a meeting1 but the minister contrary to such laws and against objections presided over the majority of the congregation1 and the minority was presided over by the proper person1 and both elected officers1 the officers elected by the minority were the lawful ones47#ccj7 ,however1 where a meeting is presided over without objection by a member instead of the proper officer1 the acts of the body are lawful47#cca7 99#ahd499 ,voters1 ,rules4--,unless the laws of the ,state otherwise provide1 every religious organization has the right to determine who shall vote at its meetings and elections4 ,if those provisions are reasonable1 they are lawful4 ,under such provisions it has been repeatedly held that where there are rules requiring annual subscriptions to the church17#ccb7 only those who rented and paid for pews1 or those who paid a certain annual tax1 or those who went to communion1 were entitled to vote47#ccc7 ,and where there was no rule1 it was held that one who has not contributed to the church7#ccd7 and persons who attended church only occasionally and contributed only when they attended1 were not qualified voters47#cce7 ,in the last case it was stated that a qualified voter is one who has attended regularly during the year and has contributed to the support of the church4 99#ahe499 ,quorum1 ,majority4--,a quorum of a congregation usually consists of those present at a duly called regular meeting1 and a majority of those present is sufficient to carry questions1 unless by rule or law otherwise provided47#ccf7 ,but where there is a definite body in a corporation which has established no other rule1 a majority of the members of the corporation constitute a quorum47#ccg7 ,where the minutes of the clerk stated that upon due notice the members of the corporation met1 a quorum is presumed47#cch7 99#ahf499 ,votes1 ,challenge1 ,inspectors1 ,casting ,vote4--,the reception of illegal votes does not invalidate an election unless they change the result47#cci7 ,if the presiding officer refuses to allow a qualified voter to vote1 the right may be enforced through civil courts47#cdj7 ,when votes have been received without challenge1 it is then too late to raise the objection that the persons have no right to vote47#cda7 ,it is the duty of the inspectors to determine the qualifications of an elector at the time that he offers to vote1 and before he votes2 and if they decide in the exercise of their judgment1 without malice or improper motives1 the regularity of the election can not be questioned47#cdb7 ,when a rule allows the presiding officer to vote and another rule states that he shall have the casting vote in case of a tie vote1 he still had the right to cast the decisive vote47#cdc7 ,illegal voting in a religious society probably is not an indictable offense1 but it is a disorderly act47#cdd7 99#ahg499 ,written ,notice1 ,prayer ,meeting4--,where a five days' written notice is required to hold church meetings1 an oral notice given on ,sunday evening at the prayer meeting is not sufficient for a meeting on the following ,wednesday4 ,but a vote taken on ,sunday to hire the minister and fix his salary1 is not void47#cde7 ,churches and benefit societies1 such as insurance fraternities1 being charitable organizations1 may do business concerning such association on ,sunday47#cdf7 99#ahh499 ,expulsion1 ,damages4--,a man who has been wrongfully expelled from a temperance society for religious reasons may recover damages therefor47#cdg7 ,,chapter ,,xv4 ,,church ,,records 99#ahi499 ,evidence1 ,entries1 ,minutes4--,the record of the proceedings of a religious society is evidence as to its doings1 both in its own tribunals and the courts of the ,state4 ,such record consists of entries required to be made by the laws or rules of the society1 the laws of the ,state1 and the minutes adopted by the society4 ,therefore1 it is of the greatest importance that it be kept with great exactness1 omitting nothing that is important47#cdh7 ,also1 the minutes of all the meetings should be correct before being duly adopted4 ,all erasures and interlineations should be certified by the clerk and then signed by him4 99#aij499 ,uniformity4--,every entry required to be kept by the laws of the ,state as well as the rules of the ,church1 should be kept as to births1 marriages1 and death4 ,every diocese should have uniform record books in all parishes and every pastor should keep blanks printed in the form of a page of the record book1 to issue certificates when required4 99#aia499 ,marriage1 ,death1 ,baptism1 ,birth1 ,church ,records4--,the church records duly kept in accordance with the discipline of the church1 are admissible in evidence to prove marriage1 death1 and baptism4 ,where the record is incomplete1 as giving the date of baptism only1 it is not admissible in proof of date of birth4 ,but if it gives the date of birth1 it is prima facie proof thereof47#cdi7 99#aib499 ,certified ,copies4--,under statutes1 certified copies of the record made by the custodian thereof are admissible in evidence in any case where the original would be admissible4 ,also1 one who had compared a copy with the original record may testify to the same4 ,the rule1 as given1 substantially prevails under statutes in the following ,states3 ,alabama1 ,georgia1 ,illinois1 ,indiana1 ,kansas1 ,kentucky1 ,louisiana1 ,maryland1 ,minnesota1 ,missouri1 ,oklahoma1 ,pennsylvania1 ,rhode ,island1 and ,wisconsin2 and also1 in ,ontario1 ,manitoba1 and the ,dominion of ,canada4 99#aic499 ,rule of ,admissibility4--,a certified copy of the record of a baptism taken from a church register by the parish priest1 when admissible at the place where such record is kept1 as in ,ireland1 is admissible to prove the same fact in the ,state of ,missouri47#cej7 99#aid499 ,proper ,record4--,a book kept by a minister1 which contained a regular statement in proper form of the admission of members1 choice of officers1 and transaction of business of the church1 which was the only book kept by the parish1 is the proper record of the church47#cea7 99#aie499 ,name1 ,record4--,the author would like to emphasize the importance of correct records4 ,frequently we find no ,christian name given in the records of birth1 which practically makes the record worthless4 ,when a child is born it is entitled to a name1 immediately1 which should be given and be correct4 ,at least the first ,christian name should be correct2 a mistake in a middle name is not material4 ,this is true of deeds and records of all kinds1 but practically of births1 deaths1 and marriages47#ceb7 ,,chapter ,,xvi4 ,,church ,,tribunals 99#aif499 ,jurisdiction1 ,privileges4--,it is usual for every fraternity to have a tribunal of its own for the trial of members who break its laws or violate its discipline4 ,within their jurisdiction1 the laws of the ,state give such tribunals great privileges and courts show them great respect4 ,the ,freemasons1 the ,knights of ,columbus1 etc41 and most of the churches1 have such courts47#cec7 99#aig499 ,trial1 ,property1 ,priest4--,in most of the ,states a court will not interfere with the fair trial of a church tribunal4 ,neither will the court entertain a controversy concerning the title or right of possession of real or personal property excepting at the instance of some person claiming a right thereto derived from or recognized by the law of the ,state or of the ,united ,states47#ced7 ,but when the bishop has deprived a subordinate priest of his authority to officiate as such1 he may enjoin the priest from making use of the church property47#cee7 99#aih499 ,doubt1 ,legal ,rights4--,the foregoing rule has some doubt cast on it in ,delaware and ,massachusetts4 ,the investigation of a dispute between members of a church by a committee according to church regulations1 consented to by the parties1 in which both take part1 can have no effect on their legal rights4 ,if the ,state law provides for cases of the kind1 it is superior and must be submitted to4 ,also1 an award or proceeding of a committee is not evidence for or against either party4 ,however1 any statement made1 or admissions of the parties1 if not of a recognized confidential nature1 may be given in evidence on the trial in a court of the ,state47#cef7 ,the judgment of a mutual ecclesiastical council legally convoked will not bind either party rejecting it47#ceg7 99#aii499 ,bishop1 ,priest1 ,redress4--,when a bishop removes a priest in the regular way according to the rules and discipline of his church1 the priest has no redress47#ceh7 ,also1 when a priest has submitted his case to the church tribunal according to the discipline of his church1 he must abide by its decision1 excepting where his civil rights or property rights as a citizen are involved1 when he may appeal to the laws of the land47#cei7 99#bjj499 ,trial1 ,counsel4--,the question whether a minister on trial in a church tribunal is entitled to be heard by counsel or attorneys depends upon the laws of the church1 and it can not be said as a matter of law that he is entitled to counsel47#cfj7 99#bja499 ,removal1 ,suspension1 ,trial4--,in the ,united ,states under the laws and discipline of the ,catholic ,church a priest may be removed from the charge of a congregation at the pleasure of the bishop1 without trial2 but he can not be suspended from his priestly functions without specific accusation and trial47#cfa7 99#bjb499 ,charges1 ,fair ,trial1 ,hearsay ,evidence4--,when a clergyman or officer is to be removed or a member of the congregation is to be excommunicated1 it is necessary to fully state the charges against him and give him an opportunity for a fair trial according to the laws and rules of the religious society before rendering final judgment4 ,all the allegations of the complaint should be made upon positive knowledge of the complainant or upon evidence that is admissible to prove the case in court4 ,rumor or gossip1 known as mere hearsay evidence1 is not sufficient to base a charge against the character of any one47#cfb7 99#bjc499 ,trial1 ,testimony1 ,slander4--,a church judgment1 where there has been a full and fair trial or when members submit to the church tribunal1 and the judgment has only been rebuke1 censure1 suspension1 or excommunication1 is usually upheld by the courts2 and when the testimony given on such trial is concerning immoral or scandalous conduct or crime1 if those taking part act in good faith and within the scope of the authority of the church1 they are protected by law and not liable to an action for damages for libel or slander47#cfc7 99#bjd499 ,remedies1 ,secular ,courts4--,in cases involving church doctrine and discipline only1 all remedies within the church must be exhausted by a member before the secular courts will interfere1 if they will interfere at all47#cfd7 99#bje499 ,notice1 ,waiver4--,when the laws of the church provide the tribunal and procedure1 if the person proceeded against avoids the service of the notice or refuses to submit to the court1 the notice of trial required to be served might thereby be considered waived and the tribunal might proceed with the trial in the absence of the accused47#cfe7 99#bjf499 ,appeal1 ,decision1 ,limitation4--,the right to appeal from one court to another of higher jurisdiction is generally recognized47#cff7 ,if after trial in the lower tribunal of the ,church1 an appeal is taken1 the decision on the appeal is binding upon the parties and also upon the inferior tribunal47#cfg7 ,in the ,anglican and some other churches1 there is no limitation as to time when offenses against the discipline of the church may be inquired into47#cfh7 ,the ,catholic ,church has a limitation as to prescriptive rights1 to-wit3 8,three years in case of movable property2 ten years in case of a right1 or of immovable property1 inter praesentes2 twenty years in the same case1 inter absentes407#cfi7 ,also1 there are limitations in canonical cases1 varying from one to twenty years47#cgj7 ,there is no statute of limitation on lawful debts4 99#bjg499 ,procedure1 ,judge1 ,juror1 ,witness4--,if there are no rules of procedure prescribed by the church tribunal1 the proper practice is to follow the ,state courts2 as1 for example1 where the ,state law forbids an officer of the court who has an interest in the proceeding to sit as judge or juror1 the same would apply to the church tribunal1 it being the common law of the land4 ,also1 in ,states where a person who is interested in a matter is not a competent witness1 in the absence of a different rule in the church1 the same rule would apply in the church tribunal47#cga7 99#bjh499 ,catholic ,discipline4--,a church member has no right to sue any one in holy orders in the civil court without leave4 ,that is1 a layman or priest should obtain leave of the bishop to sue a priest4 ,in some countries it is ground for excommunication to violate the rule4 ,this rule is analogous to the general rule that a sovereign state can not be sued without its consent47#cgb7 ,in this country1 where there is no ecclesiastical court recognized in law1 leave is rarely asked47#cgc7 ,,chapter ,,xvii4 ,,state ,,courts 99#bji499 ,decision1 ,ecclesiastical ,matter4--,the decision of the highest tribunal of the church on a purely ecclesiastical matter will not be disturbed by civil courts unless it is in open defiance and express violation of the constitution of such body47#cgd7 99#baj499 ,right of ,property1 ,civil ,rights4--,where there are several church tribunals one above another1 when the highest tribunal having jurisdiction of the case has decided a question as to the right of property1 a civil court will accept such decision of the church tribunal as conclusive47#cge7 ,the courts give way to the usages and regulations of the church so far as they are not inconsistent with the constitution and laws of the ,state47#cgf7 ,as far as civil rights are concerned1 the statute of limitations may be pleaded even where those rights are founded upon some law or rule of the denomination47#cgg7 99#baa499 ,creed1 ,factions1 ,property1 ,management4--,the supreme court exercises no ecclesiastical jurisdiction1 but accepts what the highest ecclesiastical authority in each church promulgates as the faith and practice of that church1 and will not determine for itself what that faith or creed is in order to establish the rights of respective factions in the church to the church property4 ,but a majority of a congregation that secedes from the church and forms a new organization can not claim any of the property47#cgh7 ,the civil courts will not interfere with church management so far as concerns the spiritual discipline of the members1 but where civil rights of property are involved1 the courts may determine them47#cgi7 ,the civil rights of a religious society or its members are within the jurisdiction of the ,state courts47#chj7 99#bab499 ,trust1 ,court of ,equity4--,a conveyance in trust for the use of a church vests the use in the church and it will be protected by a court of equity47#cha7 99#bac499 ,injunction1 ,closing ,church1 ,paying ,money1 ,disturbances4--,a court of equity will issue an injunction against the trustees of a church from wrongfully closing it or keeping it closed even against a small minority47#chb7 ,church property vested in trustees of a religious body is held under trust and a court of equity has jurisdiction to enforce the trust47#chc7 ,a court of equity may restrain the trustees of a church from paying money to a duly deposed minister47#chd7 ,but a court of equity will not interfere to quell religious disturbances when no question as to property or civil rights is involved4 ,the board of trustees of a church can not remove a priest against the will of the congregation47#che7 99#bad499 ,suits1 ,parties4--,where a number of persons have contributed to the erection of a church1 it is not necessary for all who contribute to join in an action to restrain a sale of the property for mercantile purposes47#chf7 ,any member of a church not incorporated may come into a court of equity in behalf of himself and others and enforce the execution of a trust in favor of the church47#chg7 ,the same rule would apply to a church where any one in authority is violating the law47#chh7 ,if several congregations of a diocese are interested in litigation1 to hold all the property of the diocese liable for the debt of a parish1 each congregation is entitled to be made a party47#chi7 99#bae499 ,complaint4--,a complaint that the plaintiffs hold one doctrinal standard and the defendants another is sufficiently definite without explaining the difference between the two47#cij7 99#baf499 ,church ,tribunal1 ,courts4--,courts are reluctant to interfere in the church doctrine or discipline or inquire into the regularity of the proceedings of the church tribunal4 ,when such tribunal has deposed a pastor or expelled a member1 it is final4 ,however1 in contracts1 property rights1 and civil rights of a citizen1 the courts take jurisdiction4 ,it is no defense to a pastor's expulsion that there is salary due him47#cia7 99#bag499 ,unincorporated ,congregation1 ,actions1 ,interest4--,an unincorporated congregation may be sued on contract in its associate capacity1 though no persons are named as trustees or committeeman47#cib7 ,in all actions by or against a congregation the civil courts will not permit suits to be brought by complainants who have no interest either legal or equitable in the temporalities of the church47#cic7 ,a suit against a society of ,shakers consisting of indefinite membership with changing additions1 withdrawals1 and deaths1 whose property is held in common without any individual interest1 may properly be brought in equity as the remedy at law would be inadequate47#cid7 99#bah499 ,blasphemy1 ,sabbath1 ,lord's ,prayer1 ,bible4--,christianity is a part of the common law of the ,united ,states2 it is on this ground that blasphemy and violation of the ,sabbath are made criminal offenses and that the ,lord's ,prayer and the ,bible are used in the schools47#cie7 ,,chapter ,,xviii4 ,,evidence 99#bai499 ,judicial ,notice4--,a church takes judicial notice without proof of its own rules1 laws1 and doctrines4 ,every other fact should be proved according to the rules of evidence of the church1 and in the absence of a church rule the following rules of the courts of this country should prevail3 #a4 ,nothing should be admitted in evidence unless it directly proves or disproves an evidentiary fact forming a link of a chain of facts that will prove a fact in issue4 #b4 ,it is sufficient to prove the substance of the issue1 unless the exact word or thing forms the issue4 #c4 ,the burden of proof is on the one who asserts the fact1 whether it is stated affirmatively or negatively1 and its proof is necessary to his making a case4 #d4 ,the best evidence that the case in its nature affords must be produced4 #e4 ,mere hearsay evidence shall not be allowed1 excepting3 7a7 ,matters of public or general interest4 7b7 ,declaration against interest4 7c7 ,dying declarations4 7d7 ,the testimony of witnesses since dead or absent4 7e7 ,admissions4 7f7 ,confessions4 99#bbj499 ,competent ,witness4--,everybody who has the use of reason and understands the import of an oath is a competent witness4 99#bba499 ,confessions1 ,secret ,societies4--,at common law1 confessions were admissible2 but there is no case in the ,united ,states since #ahac where the court has sent a priest to jail for contempt for refusing to disclose a confession1 and no case in which a priest disclosed a confession4 ,immediately after a priest was committed for contempt for refusing to divulge the secrets of the confessional1 in #ahac1 ,new ,york enacted the following law3 8,no minister of the gospel1 or priest of any denomination whatsoever1 shall be allowed to disclose any confession made to him in his professional character1 in the course of discipline enjoined by the rules or practice of such denomination40 ,a similar law has been adopted in the following ,states and ,territories3 ,alabama1 ,arizona1 ,california1 ,colorado1 ,idaho1 ,iowa1 ,kansas1 ,kentucky1 ,michigan1 ,missouri1 ,nebraska1 ,nevada1 ,north ,dakota1 ,ohio1 ,new ,york1 ,oklahoma1 ,south ,dakota1 ,utah1 ,washington1 ,wisconsin1 ,wyoming1 and ,hawaii4 ,the secrets of a secret society are not privileged1 and a member as a witness must answer all relevant questions in court47#cif7 99#bbb499 ,privilege1 ,answer4--,when a question concerning a matter privileged is put1 the priest should say3 8,i claim my privilege as a clergyman and ask the court not to require me to answer02 8,whatever he said concerning the matter1 was said to me in the confessional as a priest02 8,i talked with him about the matter only in my professional capacity as a priest and confessor02 8,i did not speak to him about the matter except in my confidential capacity as priest20 or a similar statement that sets up the clergyman's privilege without giving facts4 ,a clergyman should not say3 8,he confessed it to me10 or 8,he told it to me in confession10 or give any other answer that implies what was said in confession1 as jurors are always watching for a hint of what was said4 ,neither should the priest say1 8,i refuse to answer10 without stating that he refuses because of his privilege as a clergyman4 ,the trial judge or the attorneys trying the case may put proper questions to determine whether the information was given the witness in the confessional or in his capacity as confessor47#cig7 99#bbc499 ,admissions1 ,false ,statements4--,admissions or statements made to a clergyman not in his capacity of confidential adviser or in the course of discipline1 are not privileged47#cih7 ,neither are false statements made to a committee investigating charges2 but all statements made to such a committee or an officer of the church1 unless false and made with malice1 are privileged47#cii7 99#bbd499 ,anonymous ,letter1 ,clergyman4--,where a priest received an anonymous letter alleged to have been written by a defendant1 which he read to her1 he was not disqualified from testifying that she was excited and that she stated she had no idea how the fire started1 and that the letter was unknown to her1 etc47#djj7 ,the mere fact that a communication is made to a clergyman does not make it privileged4 ,it is privileged only when made in confidence of the relation and under such circumstances as to imply that it should forever remain a secret in the breast of the confidential adviser47#dja7 ,when a matter is privileged1 it is not left to the witness whether or not he shall testify concerning it2 but he can not testify without the consent of the other party47#djb7 99#bbe499 ,voire ,dire4--,where a priest made a preliminary examination of a woman to ascertain her mental capacity to make a confession1 her answers in such preliminary examination were admissible in a contest on a will2 but her confession was not admissible47#djc7 99#bbf499 ,england1 ,confession4--,the rule is now accorded priests in ,england1 but was not formerly4 ,where a priest turned a watch over to its owner1 the court ordered him1 under pain of contempt1 to tell where he got the watch47#djd7 ,but in another case it was held that a priest need not divulge the confession of a defendant who was held for crime47#dje7 99#bbg499 ,united ,states1 ,rules4--,in the ,united ,states courts1 the rule prevails that such confidential communications to a priest shall not be divulged47#djf7 99#bbh499 ,presumptions1 ,usage4--,the usage of a church or the laws of its organization as a religious society1 if they are to be considered in deciding legal controversies1 must be proved as facts47#djg7 ,in the absence of proof1 it will be presumed that subordinate bodies1 as congregations1 can not dissolve their connection with the principal organization without permission47#djh7 99#bbi499 ,funeral ,expenses4--,witnesses' opinions as to the reasonable amount for burial or as to the cost of a funeral being reasonable1 are not binding on a court or jury4 ,the station of a man1 the property that he leaves1 the life that he has followed1 all should be considered by the court4 ,the whims and notions of societies and others are of minor consideration4 ,those who make funeral expenses that are not allowed by the court must pay them47#dji7 ,,chapter ,,xix4 ,,contracts 99#bcj499 ,business1 ,religious ,service4--,a church organization has the legal right to make any contract concerning its own affairs that is not prohibited by its by-laws or its charter1 subject to all laws of legal contracts in the business world4 ,when the consideration is a religious service duly performed1 there seems to be no objection to it4 ,therefore1 a minister may collect for preaching a sermon1 attending the sick1 or saying prayers1 or performing any other religious service4 ,but an incorporated church has no authority to enter into a contract for an ulterior purpose1 such as the employment of a vessel for the purpose of an excursion47#daj7 99#bca499 ,incorporated ,body4--,the only way a religious society that is incorporated can make a contract is by a vote of the aggregate body or of the board of trustees1 or through an agent authorized by a vote of one body or the other47#daa7 99#bcb499 ,mortgage1 ,deficiency ,judgment4--,where a mortgage had been foreclosed against church property before the congregation was incorporated1 a deficiency judgment can not be rendered against such church corporation47#dab7 ,but where a congregation was incorporated after a debt had been incurred and took charge of the property1 it assumed the debt47#dac7 99#bcc499 ,building ,contracts4--,the taking part in a meeting by voting and appointing committees to make contracts will bind those taking part in all contracts made in accordance with the directions of such meeting4 ,in some ,states the individuals are held only to the amount that each subscribes1 but in other ,states each individual is liable for the entire debt47#dad7 99#bcd499 ,individual ,promise1 ,subscriptions1 ,signature4--,an individual promise to give a donation to charity1 can not be enforced47#dae7 ,but subscriptions to build a church or other charitable institution or to pay the salary of a clergyman when signed by more than one person1 have been held binding in some cases on the disputed rule of a-promise-for-a-promise consideration47#daf7 ,in the foregoing cases the donor might revoke his subscription or in case of his death his estate would not be liable47#dag7 ,however1 when expenses have been made or steps taken in the carrying out of the object of the subscriptions1 the general rule is that the subscriptions become binding contracts47#dah7 ,if the object of the subscriptions be abandoned or changed without the consent of the subscriber1 he is thereby released4 ,a promissory note given for the subscription1 unless negotiated for value in due course of trade1 does not change the foregoing rules47#dai7 ,where many persons subscribed to build a church and some of them failed to pay1 one who paid brought an action on behalf of himself and others and collected the unpaid subscriptions47#dbj7 ,the defendant ,nalty signed 8,nalty ,family1 #a1jjj10 but he was held personally liable47#dba7 99#bce499 ,special ,purpose1 ,suit4--,when money is subscribed for a special purpose1 as for rebuilding a church1 it belongs to the church organization2 and in a suit to recover the money the action should be brought in the name of the corporation1 if incorporated1 and if not incorporated it should be brought in the name of the interested party47#dbb7 99#bcf499 ,promise1 ,consideration4--,a promise made by the owner of land to a trustee for the benefit of a religious society1 that he would convey the land to such society if it would build a church thereon1 is a good and lawful consideration2 and after work was begun on the church1 the contract was enforceable in a court of equity47#dbc7 ,,chapter ,,xx4 ,,pews 99#bcg499 ,sold1 ,rented4--,prior to the ,reformation pews were not sold nor rented and every member had the right to sit wherever he pleased in the body of the church4 ,after the ,reformation1 the ordinary or bishop was granted the right of 8faculty0 to rent or sell pews47#dbd7 99#bch499 ,incorporeal ,hereditament4--,the ,english title in a pew is in the nature of a right of way through another's land2 it is an incorporeal hereditament4 ,in the absence of express law1 the title to pews in this country is said to be in the nature of real estate1 and in fact not very different from the ,english title47#dbe7 ,in some ,states the title is made personal property by statute47#dbf7 ,and in others the courts have inquired into the law of the church and adjudged the title accordingly47#dbg7 ,the general rule is that the owner of a pew simply has an easement47#dbh7 99#bci499 ,catholic ,church1 ,pew ,rights4--,in the ,catholic ,church1 by the canon law1 the ownership in or control over a pew is forbidden to laymen4 ,notwithstanding that1 if the party holding the title violates the rule of the church by giving a deed to the pew-holder1 the courts would probably sustain his title47#dbi7 ,however1 as the clergy can neither rent nor sell pews without becoming subject to the law of the land and the jurisdiction of our courts1 it is important to know what the law of the ,state is4 99#bdj499 ,land1 ,use1 ,rent ,pews4--,where land was conveyed in trust to the bishop of a diocese and his successors for the erection of a church for the use of a congregation1 the right to rent pews vested under the deed and laws of the ,catholic ,church in the parish priest and not in the trustees afterward elected1 as the parish priest was the agent of the bishop47#dcj7 99#bda499 ,trustees1 ,sale in ,perpetuity4--,without authority of law the trustees of a church can not make an absolute sale in perpetuity of a pew without any reservation of rent47#dca7 ,the sale of a pew in a church will be determined in a case according to the particular facts47#dcb7 99#bdb499 ,pew1 ,right to ,occupy1 ,conditions4--,a grant of a church pew in perpetuity does not give the owner an absolute right of property as a grant of land in fee2 but gives only a right to sit therein1 although he may maintain an action in court for protection of his rights47#dcc7 ,in ,vermont a pewholder has only the right to occupy his seat during religious services and holds it subject to the superior right of the society owning the pew47#dcd7 ,a condition in the deed to a pew that a holder about to leave the congregation shall offer it to the society for a certain price1 is not invalid47#dce7 ,where a pewholder held his pew by a certain agreement and after the church had been remodeled he bought a different pew1 the conditions attached to the first pew did not apply to the last47#dcf7 ,pews owned by the occupant pass to the heirs as real estate instead of going to the executors as personal property in ,states where the title is in the nature of the title to real estate47#dcg7 99#bdc499 ,tax1 ,assessment4--,a tax assessed upon the pew of a religious corporation in part for purposes not specifically named in a deed of the pew1 which alone gives the power to make such an assessment and which strictly defines and limits such power1 is invalid in toto47#dch7 ,the right to make an assessment on pews must be founded upon law1 else it can not be enforced47#dci7 ,when a congregation sells pews at auction rent free for the purpose of building a church1 it has no power thereafter to assess the pews for the salary of the minister47#ddj7 99#bdd499 ,pewholders' ,rights4--,a pewholder has the exclusive right to occupy his pew when the house is used for the purpose for which it was erected2 but he can not convert his pew to other purposes not contemplated47#dda7 ,if he has paid his pew-rent according to agreement1 he is entitled to use his pew on all occasions when the house is occupied1 even when it is open for purposes different from those mentioned in the conveyance thereof2 and he has the right to exclude all others from his pew by fastening the door or otherwise1 and any one who enters his pew knowing the facts1 is a trespasser and liable to an action for damages47#ddb7 ,the owner of a pew has no right to put an offensive covering thereon nor use his pew in any way to the annoyance of the congregation or not in keeping with the place and conditions4 ,by placing anything offensive about his pew1 he may be liable for maintaining a nuisance1 and such offensive thing may be removed2 but1 as far as possible1 it must be removed without damaging the pewholder's property47#ddc7 99#bde499 ,rebuilding1 ,remodeling4--,an injunction was granted on the bill of pewholders1 restraining the authorities of the church from pulling it down1 as they were going to use the materials in the erection of a new church on a different site4 ,on the answer1 the injunction was dissolved on the ground that if the complainants had rights which would be violated1 there was a remedy at law and that the nature and extent of the injury were not such as called for the interposition of a court of equity by injunction47#ddd7 ,where a parish abandons an old church and builds a new one it does not become liable to any pewholder for damages by reason thereof unless it has acted wantonly or intentionally to injure the pewholder47#dde7 ,but when it becomes necessary for the purpose of repairing or remodeling a church1 to destroy old pews1 a pew built by a member under contract with the church can not be removed or destroyed without compensation47#ddf7 ,pew rights are subject to the right of the parish to pull down and rebuild a church either as a matter of necessity or expediency1 but in the latter case the owner of a pew is entitled to payment47#ddg7 ,a pewholder has only the right to occupy his pew during public worship1 and when the church has become so out of repair that it can not be used for public worship1 the owner of a pew can recover only nominal damages for injuries to his pew47#ddh7 99#bdf499 ,selling ,pew on ,execution4--,in an action to recover the value of a pew sold at auction1 the merits of the case will be tried according to the law of the land47#ddi7 ,it is doubtful whether a pew in a church can be sold for private debts of the pewholder47#dej7 ,it depends somewhat upon the title and ,state law of exemptions47#dea7 ,to render an attachment of a pew valid1 it is not necessary for the officer to come in sight of the pew or even to enter the church47#deb7 99#bdg499 ,members1 ,pew4--,members of the congregation may be required to pay for a pew or sitting in the church1 and where a priest ejected a member from the church because he would not rent a pew1 he was sustained by the court47#dec7 99#bdh499 ,free ,church1 ,seats1 ,lease4--,the trustees of a free church may assign seats and forcibly remove one from a seat without authority47#ded7 ,where a pew is real estate1 a pewholder may acquire the right to it by prescription in the usual way47#dee7 ,where pews are not rented and the members support the church by voluntary subscriptions1 they have equal right to the occupancy of the pews4 ,but where the church builds the pews and rents them1 a man paying rent for a pew holds it under lease in the nature of a lease to real estate4 ,however1 he does not obtain all the rights of a lessee of land1 and in many cases a rule of the church governs the holding of pews1 which will be observed by the ,state courts47#def7 99#bdi499 ,executors1 ,pew-,rent4--,the executors of a pew owner are not bound to pay pew-rent accrued after the owner's death4 99#bej499 ,voting1 ,pew-,rent1 ,arrears4--,where a church is incorporated and by its charter or the laws of the ,state it has authority to make reasonable by-laws1 a by-law which prohibits any person from voting whose pew-rent is in arrears for more than two years1 is valid47#deg7 ,,chapter ,,xxi4 ,,property 99#bea499 ,unincorporated1 ,trustee4--,the question whether an unincorporated religious society may take a gift or devise1 is determined by the law of domicile47#deh7 ,generally an unincorporated religious association can not hold property in its assumed name1 but it must be held by conveyance in trust to a trustee named47#dei7 99#beb499 ,charter1 ,by-,laws4--,when the charter or by-laws of a church corporation provide that they may be altered1 such changes may1 after the execution and delivery of a deed1 immediately adhere to the title47#dfj7 99#bec499 ,suits1 ,corporation1 ,members4--,cases may occur in which the corporation in its corporate capacity1 or the society in its collective capacity1 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 capacity1 in a quasi-conspiracy or concerning other torturous acts1 or a collective contract47#dfa7 99#bed499 ,deed1 ,court1 ,title4--,a deed made in pursuance of an order of a court having jurisdiction passes good title47#dfb7 99#bee499 ,subscription1 ,lots4--,any one may convey title to a church as his part of the subscription by merely marking it on a plat made by him1 as lots donated to such church47#dfc7 99#bef499 ,misnomer1 ,identity4--,the misnomer of a religious society or corporation will not invalidate a mortgage where the identity of the society can be clearly shown47#dfd7 99#beg499 ,adverse ,possession1 ,color of ,title4--,a religious corporation may obtain title to land by adverse possession4 ,the length of such possession is determined by the laws of the ,state1 the usual period being twenty years47#dfe7 ,unless the laws of the ,state require it1 color of title at the time of asserting adverse possession need not be shown47#dff7 99#beh499 ,sale1 ,restrictions4--,in some ,states when not restricted by the laws of the organization the parish corporation may sell the premises in order to pay the church debts4 ,however1 it is not a common law right47#dfg7 99#bei499 ,deed4--,a deed to 8,the ,evangelical ,order of ,christians0 was sufficiently definite for a valid conveyance47#dfh7 99#bfj499 ,error4--,a clerical error in the name of the grantee will not make a deed void4 ,however1 when such error has been discovered1 it should be corrected47#dfi7 99#bfa499 ,mortgage1 ,bishop1 ,debts4--,the archbishop of a church to which property is bequeathed1 can not mortgage it without authority from the church or under the law47#dgj7 ,also1 the bishop of a diocese to whom land had been conveyed in trust for a particular congregation1 could not execute a valid mortgage thereon to secure his own indebtedness47#dga7 ,but a religious society in the absence of prohibitionary legislation1 has power to mortgage its property to secure its debts47#dgb7 99#bfb499 ,deed1 ,trust1 ,fee4--,a deed of land to a ,catholic bishop and his heirs and assigns forever in trust for a ,catholic parish for the purpose of a free burial ground1 gave the bishop an estate in fee47#dgc7 99#bfc499 ,debts1 ,creditors4--,a committee of a religious society authorized to sell lands to raise money to pay its general debts1 is not authorized to execute a mortgage for the purpose of securing various creditors holding claims2 and the defect in such mortgage is not cured by a vote at a subsequent meeting to which the committee made a report of its action47#dgd7 99#bfd499 ,mortgage or ,sale1 ,notice1 ,consent4--,whenever there is to be a mortgage or sale of the church property1 if it is to be done by the corporation1 it must be done strictly in accordance with the charter and laws of the corporation1 and if those do not provide therefor1 every member should receive a reasonable notice to attend a meeting of the congregation and the question should be submitted to such meeting and a vote taken thereon4 ,if all the proceedings are regular and the proper officers 7president and secretary7 of the corporation be authorized to make a conveyance1 it is good in law47#dge7 ,however1 if the irregular acts of officers or members of a congregation are subsequently ratified in a lawful manner1 they become binding47#dgf7 ,when consent of the court is required1 it must be obtained47#dgg7 99#bfe499 ,title1 ,taxes1 ,judicial ,notice4--,if the title is in the bishop in fee in accordance with church law it is not 8owned by any religious association0 and is liable for taxes4 ,the laws of the ,catholic ,church are not the subject of judicial notice1 but must be alleged and proved as any other fact47#dgh7 99#bff499 ,title1 ,diocese1 ,rule4--,where the title to the property of the diocese was in the bishop for the use of the church and subsequently the diocese was incorporated1 the bishop was not divested of title and it was still necessary to have the property conveyed by deed47#dgi7 ,in some other ,states1 however1 the contrary rule prevails47#dhj7 99#bfg499 ,priest1 ,deed1 ,funds4--,where it was claimed that a priest purchased lands and took the deed in his own name and paid therefor with funds belonging to the congregation1 the conveyance will not be decreed by the court only upon the clearest and most satisfactory evidence47#dha7 99#bfh499 ,monks1 ,missions1 ,title4--,the fact that the monks or priests were at the head of the missions in ,california when it was acquired by the ,united ,states1 does not prove that the ,catholic ,church had universal ownership of the property47#dhb7 ,the acts of ,congress giving the city of ,san ,antonio authority to sell public lands1 was intended1 no doubt1 to dispose of mission property1 but it was held not to affect the ,catholic ,church1 the title to which had been confirmed by another act of ,congress47#dhc7 99#bfi499 ,texan ,revolution1 ,land4--,at the time of the ,texan ,revolution1 a ,catholic church held no real estate of perfect title1 but enjoyed only the use of the land that it possessed and continued so to occupy after the admission of ,texas into the ,union47#dhd7 99#bgj499 ,priest1 ,agent1 ,deed4--,the priest in charge of a congregation is the agent of the archbishop1 and where the title to the real estate is conveyed by absolute deed to the bishop1 the congregation1 against the protest of the priest and without obtaining leave from the bishop1 has no right to tear down a church for the purpose of rebuilding or repairing it47#dhe7 ,and a priest in charge of mission property may maintain in his name an action to recover its possession47#dhf7 99#bga499 ,devise1 ,uncertainty4--,a devise of property 8to the ,roman ,catholic ,orphans0 of a certain diocese1 making the bishop of the diocese executor of the will and giving him power to sell the property and use the proceeds for the benefit of the ,roman ,catholic orphans1 is void for uncertainty47#dhg7 99#bgb499 ,donor1 ,ambiguous ,provision4--,the religious convictions of the donor may be shown for the purpose of construing an ambiguous provision of a deed or will47#dhh7 99#bgc499 ,trust1 ,evidence4--,without any trust being declared in writing1 parol evidence can not be allowed to prove that the ,catholic ,church and parsonage is held in trust for the congregation by the bishop of the diocese1 notwithstanding that the moneys for purchasing the lands and putting up such buildings were collected by subscriptions and contributions made to the priest in charge under the law1 usage1 and polity of the ,roman ,catholic ,church47#dhi7 ,at common law land may be granted to pious uses before there is a grantee to take it4 ,in the meantime1 the title is in abeyance47#dij7 ,where the title to parsonage lands is in the minister as a sole corporation1 on his death the title remains in abeyance until a successor is appointed47#dia7 99#bgd499 ,money1 ,control4--,money raised by a ,catholic congregation for the purpose of building a church does not come under the absolute control of the bishop or priest1 although put into the hands of the latter for safe keeping4 ,it is subject to the control of the congregation1 although the members of the congregation refused to obey the command of the bishop of the diocese to consolidate with another church to which the priest was removed47#dib7 99#bge499 ,church1 ,building1 ,removing4--,where subscriptions were secured to build a church at a particular place as a memorial to a certain person1 a congregation may be enjoined from tearing down the building and removing it to another place47#dic7 ,but a court of equity will not prevent the removal of a church where a majority of the congregation favors it1 although a legal meeting had not been held to determine the matter47#did7 99#bgf499 ,church1 ,use1 ,division4--,a church guild that erected a building adjoining a church for parish purposes1 with the assent of the congregation1 can not deny the authority of the church and use the building for other purposes47#die7 ,but if members are improperly excluded from the use of the church property they must appeal to the courts for redress and can not resort to acts of trespass to gain entrance into a church47#dif7 ,a court of equity will compel persons having charge of the temporalities of a church1 whether incorporated or not1 to faithfully perform their trust and to prevent the diversion of the property from its original purposes4 ,the court will not interfere in strictly religious matters47#dig7 99#bgg499 ,spanish ,territory4--,when ,alabama was a part of ,spanish territory1 a deed of land 8to ,his ,catholic ,majesty for the purpose of building thereon a parochial church and dwelling-house for the officiating priest10 the money being paid out of the royal treasury1 did not constitute the ,king of ,spain a trustee for the church or transfer to the church in equity a title to the lots47#dih7 99#bgh499 ,trust1 ,purposes1 ,doctrines4--,when a conveyance of a lot is made to certain persons of a religious society and their successors in trust for religious purposes1 all the members become beneficiaries in equal degree notwithstanding some of them may have contributed larger sums than others47#dii7 ,land conveyed to a church for valuable consideration belongs to the church1 whatever change may take place in its religious doctrines2 and if a minority secedes on the ground that they are the ones who retain the original tenets of the church1 they can not take with them either the whole or pro rata share of the church property47#ejj7 99#bgi499 ,control1 ,revenues4--,the trustees of a corporation of a church or of a religious society have entire control over the revenues of such body47#eja7 99#bhj499 ,leave to ,purchase1 ,title1 ,canons of the ,church4--,a congregation wanted to buy a church and priest's house1 but the archbishop refused leave to purchase1 but granted permission to keep the premises for religious purposes for a time4 ,the members formed a society and bought and took title in the name of the 8,lithuanian ,benefit ,society of ,st4 ,anthony40 ,then the archbishop wrote them a letter requiring the deed of the premises to be put in his name1 which the congregation refused to do4 ,a part of the congregation brought a suit in equity to enforce the transfer from the society to the archbishop4 ,the court held that if the congregation was under the church and acknowledged its authority1 the title must be settled by the canons of the church2 otherwise1 the majority of the congregation1 in a duly called meeting1 should determine where the title should be vested47#ejb7 99#bha499 ,cemetery1 ,authority4--,when a congregation that had title to a cemetery for many years entrusted the management and sale of the lots to the priest1 he had thereby authority to create servitudes1 such as alleys to lots1 which become binding on the congregation and all third persons47#ejc7 99#bhb499 ,real ,estate1 ,purpose4--,a church has no power to acquire and hold real estate for any purpose other than that of promoting the object of its creation1 and any contract entered into for a purchase of real estate as a matter of speculation is ultra vires and void47#ejd7 99#bhc499 ,limitation1 ,lands4--,a statute of the ,state prohibiting a religious society from holding more than twenty acres1 applies to a single parish or congregation and not to the entire denomination when it consists of more than one congregation47#eje7 99#bhd499 ,conditions1 ,bequest1 ,deed1 ,time4--,where property has been devised for a particular purpose or on certain conditions attached thereto1 the law may be invoked to protect the fund according to the bequest47#ejf7 ,and where a deed contained a clause that the lots should never be sold nor used in any other way except for the benefit of a specified ,protestant ,church1 although the deed contained no clause of forfeiture1 when the congregation sold the property the grantor was entitled to have the deed set aside and the title re-vested in himself47#ejg7 ,and a grant made upon condition that a church be erected thereon1 prevents the grantee from conveying it for other purposes without the consent of the grantor or his heirs47#ejh7 ,but where a devise was made on condition that a church be built on the property within three years1 the provision being a condition subsequent1 a court has the right to extend the time47#eji7 99#bhe499 ,will1 ,forfeiture4--,the provision in a will or deed that land shall be used for purposes of a certain church1 may create a trust for the benefit of the church only and not a condition the breach of which would work a forfeiture47#eaj7 ,when a condition is put in a deed that it shall be forever used as a burial ground for the interment of bodies1 it is doubtful whether the grantor and grantee together may change the uses of the property4 ,therefore1 it is important in taking deeds to cemeteries to have no condition whatever1 unless such conditions are desired47#eaa7 99#bhf499 ,condition1 ,quit-,claim4--,after conveying land upon a specified condition1 the grantor then gave a quit-claim deed1 and the court held that that relieved the grant from the condition47#eab7 99#bhg499 ,bishop1 ,trust1 ,successors4--,a deed of land to the bishop of a church for a ,protestant ,episcopal church in fee simple1 created a trust and on the death of such bishop the title passed to his successors47#eac7 ,where a grantee in a deed absolute on its face1 is in fact archbishop of the ,roman ,catholic ,church for his diocese1 its canons and decrees regulating the mode of acquiring and holding church property are competent evidence to show that the property is so held in trust for purposes for public worship and other charitable uses4 ,and property so held by a ,catholic bishop in trust for the diocese1 or in trust for a congregation1 school1 cemetery1 or asylum1 for the separate use of each1 is not chargeable with any part of the expenses of another one or for improving the church property generally in the diocese47#ead7 99#bhh499 ,trustees1 ,vacancy4--,when land is conveyed to certain persons as trustees of a church and their successors lawfully appointed1 a court of equity will not step in to fill a vacancy but will leave that to be filled by the church in accordance with its discipline47#eae7 ,but an attempt to sell real estate of a religious society against the provisions of its charter1 will be prevented by a court of equity47#eaf7 99#bhi499 ,church1 ,majority1 ,change4--,when property is conveyed to a church having a well-known doctrine1 faith1 and practice1 a majority of the members has not the authority or power by reason of a change of religious views to carry the property thus dedicated to a new and different doctrine47#eag7 99#bij499 ,title1 ,harmony1 ,division4--,the title to church property in a divided congregation is in that part of the congregation which acts in harmony with the law of the denomination2 and the ecclesiastical laws and principles which were accepted among them before the dispute began1 are the standard for determining which party is right47#eah7 ,in other cases the division of church property1 where there is a division of the congregation1 depends upon its particular facts47#eai7 ,where #djj was bequeathed to a ,lutheran congregation in ,s----1 there being at the time of the making of the will but one ,lutheran congregation in the place1 but subsequently a majority of the trustees and members with the pastor left the church and built a new one1 the old church continued vested with the title to the property and all its funds47#ebj7 99#bia499 ,perversion1 ,misuse1 ,suit4--,unless there is substantial departure from the purpose of the trust which amounts to a perversion of it1 a court of equity will not interfere to prevent the misuse or abuse of a trust of a religious nature4 ,in actions in the ,state court1 if the church is not incorporated1 an action should be brought in the names of the members collectively1 and if they are too numerous to be all named1 the suit may be brought in the name of one or more of them for the whole4 ,the same rules apply to religious societies when sued4 ,however1 in some dioceses1 particularly in the ,catholic ,church1 the title to the church property is in the bishop and he thereby becomes an interested party who must be made either a plaintiff or a defendant47#eba7 99#bib499 ,rights1 ,contracts1 ,torts1 ,crimes4--,vested property rights1 contracts1 torts1 and crimes1 are usually subject to the laws of the ,state and the control and judgment of a church tribunal is seldom final4 ,while the ,state courts have no ecclesiastical jurisdiction and can not revise or question ordinary acts of church discipline1 they have the power to adjudicate conflicting claims of parties to the church property or the use of it47#ebb7 99#bic499 ,cemetery1 ,assessments4--,where a lot was bought for the purpose of building a church but was used for a cemetery1 and a church was built at another place and the deed to the lot was taken in the name of the trustees1 the pastor and a member of the church corporation were not the proper parties to bring an action to restrain the ,state from selling the lot to pay the assessments for pavement1 as they had no legal or equitable interest for the protection of which they could claim the interposition of a court of equity47#ebc7 99#bid499 ,burned1 ,revert1 ,vested4--,the fact that a church on lands donated to the parish1 on condition of sustaining the church1 burned down1 the title did not revert to the grantor's heirs47#ebd7 ,also land granted a bishop for church uses1 vested immediately in him and was not forfeited because it was not used for church purposes47#ebe7 99#bie499 ,abandoned1 ,revert4--,land granted to trustees and their successors forever in trust to erect a ,methodist church1 according to its rules and discipline1 which was used for such church for a long time and then abandoned and sold to parties who converted it into a blacksmith shop1 did not thereupon revert in the absence of a provision to that effect47#ebf7 99#bif499 ,uses and ,trusts4--,the chapter of the ,wisconsin statutes on religious societies1 although not included in the same title as the chapter abolishing all uses and trusts excepting as therein created1 was not intended to prohibit the trusts expressly authorized by the former47#ebg7 99#big499 ,trust ,funds1 ,account4--,where a member of the church received funds to invest in his own name for the benefit of the church1 he will be obliged in a court of equity to give full account for the money and its profits47#ebh7 99#bih499 ,fund1 ,diverted1 ,split4--,a fund created for a particular purpose1 as the education of children in the faith and doctrines of a denomination at the time the fund is created1 can not be diverted from its original object47#ebi7 ,neither can such a fund be split up when a congregation is divided1 but must be retained as created47#ecj7 99#bii499 ,church1 ,personalty4--,a church removed from its foundation and put on rollers was severed from the realty and became personal property47#eca7 99#cjj499 ,lease1 ,purposes4--,a religious literary society and scientific corporation has power to lease part of a building owned by it for theatrical and operatic purposes47#ecb7 99#cja499 ,salary1 ,lien1 ,equity4--,the church building and the land on which it stands have been held subject to the payment of a debt due for the salary of a pastor of the congregation owning such property47#ecc7 ,a contractor is entitled to a lien on the church property for work done on the building47#ecd7 ,a person who became liable for the debts of the congregation incurred in the purchase of church property1 obtained relief in equity by subjecting the church property to a sale47#ece7 99#cjb499 ,bankruptcy1 ,creditors4--,there is no provision of law for a church corporation to make an assignment in bankruptcy4 ,however1 the church corporation may be sued and a receiver appointed to take possession of the property and sequester the assets47#ecf7 ,but where assignments in bankruptcy and a sale and conveyance of church property are lawful1 the church property may be assigned for the benefit of the creditors47#ecg7 99#cjc499 ,jurisdiction1 ,process4--,in order to obtain jurisdiction where there are contentions between various persons claiming to be officers1 the only safe rule is to serve the process on all those who are in the offices or claim the offices upon the occupants of which the papers must be served47#ech7 99#cjd499 ,states1 ,property1 ,restrictions4--,some ,states restrict the quantity and use of property that a religious society or church may hold4 ,other ,states have no restrictions2 but nearly all the ,states have some statutory law on the subject1 which is changed so frequently that it would be useless to give the provisions of such law in this work47#eci7 99#cje499 ,land1 ,limitation4--,a statute of ,illinois relating to ,catholic societies contains no limitations on property rights1 but it was held that the general law applied1 and that an organization having ten acres could not acquire additional land by devise4 ,a conveyance of land to a corporation after it has taken all the land allowed by law1 is void47#edj7 ,in ,kentucky where a church is limited to fifty acres and a devise was made to a church for the benefit of foreign missions1 it was held valid under a statute providing that all devises for relief of aged1 impotent1 poor people1 churches1 or for any other charitable or humane purposes1 shall be valid47#eda7 ,maryland's peculiar law by which leave must be obtained from the ,legislature for a conveyance of more than two acres of land1 has been construed to give the ,legislature authority to ratify a conveyance that otherwise would be void under the statute47#edb7 ,also1 it was held in the same case that a church might acquire more land1 but that it would be restricted with regard to its use4 ,a statute prohibiting a religious society from holding more than twenty acres of land applied to a single religious society and not to the denomination47#edc7 ,where the territorial law provided that no religious corporation should hold real estate of greater value than #ej1jjj1 a receiver was appointed for the ,mormon corporation47#edd7 99#cjf499 ,corporations1 ,bequests4--,foreign religious corporations may be entitled to recover bequests made to them in some ,states2 but the general rule is that a foreign religious society has no better right to take property by devise than a domestic corporation47#ede7 ,when the statute requires a conveyance to specify the purpose for which a religious society takes land1 the failure to so specify renders the deed void47#edf7 ,but the ,young ,men's ,christian ,association was declared not within the limitation because it was not formed for pecuniary benefit and profit and was not under the control of any one denomination nor formed for religious worship47#edg7 99#cjg499 ,collateral ,attack4--,a devise of land to a religious society which will increase the title beyond the amount that is allowed by statute1 can not be attacked collaterally by a private individual47#edh7 ,it is for the ,state and not for the individual to make inquiry into excess on the part of a religious society in its accumulation47#edi7 ,,chapter ,,xxii4 ,,religious ,,services 99#cjh499 ,worship1 ,discipline1 ,innovations4--,the denomination itself1 according to its rules and regulations1 determines what services shall form a part of its public worship4 ,the inferior authority in the church has no right to violate the discipline by innovations4 ,whether or not devotional singing may be accompanied with instrumental music1 must be determined by those who administer the discipline of the church47#eej7 99#cji499 ,doctrines1 ,temporal ,affairs4--,the fact that the congregation sells the pews does not give the owners the right to determine what doctrines shall be preached in the church1 nor who shall preach them47#eea7 ,a majority of a local church can not change the faith of the church against the protest of the minority47#eeb7 ,the corporation of the congregation is governed by the majority only in temporal affairs47#eec7 ,however1 some of the ,protestant churches are so independent that a vote of the congregation may transfer them from one denomination to another47#eed7 99#caj499 ,contributions1 ,presbyterians1 ,methodists4--,where certain persons by contributions built a church and the title was taken and held by the ,presbyterians who permitted all other denominations to hold services therein1 all of which was a condition of the subscriptions for establishing the church1 when the ,presbyterians sold out to the ,methodists and they held it for their own exclusive use1 those who contributed the money had the right to resort to the court to enforce their rights to worship in such church47#eee7 99#caa499 ,true ,religion1 ,courts4--,ordinarily the civil courts do not interfere where there is a question as to which of two or more parties is adhering to the true religious teaching of the denomination4 ,if no question of property or civil rights arises1 the court will not interfere47#eef7 99#cab499 ,heresy1 ,injunction4--,where a minister did not preach the doctrine and the entire system of ,calvinistic theology received and taught by that denomination1 he had no right to the pulpit of the church1 and the court granted an injunction against his officiating therein47#eeg7 99#cac499 ,bequest1 ,sects1 ,condition4--,where a bequest was made to erect a place of worship with the privilege for other sects to worship therein and forever to be used as such1 the trustees in whom the title vested had no authority to sell without the consent of the grantor or his heirs2 and the congregation having sold the church property and it having been thereafter used for a store1 the grantor's heirs had a right of entry for condition broken47#eeh7 99#cad499 ,sexton1 ,undertaker1 ,authorities4--,the sexton who has charge of the church property may lawfully remove from the church an undertaker who1 after being warned to desist and leave1 persists in conducting the funeral in violation of rules prescribed by the authorities of the church47#eei7 ,,chapter ,,xxiii4 ,,bequests1 ,,devises1 ,,and ,,gifts 99#cae499 ,statutes1 ,wills4--,in some ,states a religious society can not take under a will1 and a bequest of money to a church is void47#efj7 ,in ,connecticut any devise to a religious corporation not expressly authorized by statute1 is void47#efa7 ,in ,maryland leave to devise land to a religious society must be obtained from the ,legislature47#efb7 ,in all the ,states it is safest to consult and carefully follow the statute in drawing a will4 99#caf499 ,masses1 ,alabama4--,formerly as a rule of the ,english common law1 it was held that bequests and devises for the purpose of having ,masses said for the soul of the deceased1 were void as superstitious uses2 but under ,article #a of the ,amendments to the ,united ,states ,constitution1 and under similar provisions in the constitutions of the several ,states1 the ,english rule does not prevail in the ,united ,states4 ,however1 ,alabama adopted the ,english rule47#efc7 ,by reading the foot-note to the ,alabama case1 it will be found that a majority of the ,states hold that such bequests are lawful47#efd7 ,even in ,alabama if the bequest had been to a clergyman or a certain person and accompanied by a request to say ,masses1 the court might have allowed it47#efe7 99#cag499 ,name1 ,bequest1 ,corporation4--,a mistake in a name does not render a bequest or a gift void if the person intended can be identified47#eff7 ,also1 a devise may be made to a corporation not yet organized and when it is organized the gift or devise will vest4 ,during the interim1 it will remain in abeyance47#efg7 99#cah499 ,clergyman1 ,undue ,influence4--,a clergyman who is a grantee in a deed from a parishioner1 although deriving no benefit therefrom1 has the burden of showing good faith in the transaction as the law presumes that he is guilty of undue influence4 ,this presumption is further strengthened by proof of the enfeebled condition of the grantor by age and illness and his susceptibleness to influence4 ,where the property conveyed in trust for the parish was greatly in excess of its needs1 the deed was set aside47#efh7 99#cai499 ,contest1 ,secession4--,in case of a devise to a church which is claimed by two societies1 it is the duty of the court to decide in favor of those who adhere to the ecclesiastical government of the church which was in operation at the time the trust was declared47#efi7 ,however1 to maintain such action it must be brought by the proper parties47#egj7 99#cbj499 ,bequests1 ,membership4--,bequests left to individuals on condition that they shall remain members of a certain church1 can be obtained only by complying with such condition47#ega7 99#cba499 ,conditions1 ,religious ,tenets4--,in order to determine the conditions of a trust the religious tenets of the donor may be shown to aid in construction of ambiguous provisions47#egb7 99#cbb499 ,name1 ,uncertainty4--,a bequest to ,georgetown ,university1 in the ,district of ,columbia1 which was incorporated under the name of 8,the ,president and ,directors of ,georgetown ,college10 is not void for uncertainty1 as the only institution of learning in the ,district of ,columbia is ,georgetown ,college47#egc7 99#cbc499 ,future ,uses1 ,uncertainty4--,a devise to a foundling or eleemosynary institution1 whenever the ,christians should create one which the trustees approved1 is valid47#egd7 ,and a devise to the 8,first ,christian church erected or to be erected in the village of ,telfairville1 in ,burke county1 or to such persons as may become trustees of the same10 is good as a charitable bequest47#ege7 ,a bequest to a priest to hold in trust and pay over to the ,sisters for the ,poor1 is valid47#egf7 ,a bequest for the care of a tombstone is valid in some ,states and not in others without a statutory provision47#egg7 ,a bequest to the bishop 8to be by him used for ,roman ,catholic charitable institutions in his diocese10 sufficiently describes the beneficiaries and is good47#egh7 ,also1 a bequest to ,bishop ,england 8in trust for the ,ladies of the ,ursuline ,order residing in ,charleston in the ,state of ,south ,carolina10 was held for 8,the ,ladies of the ,ursuline ,community of the city of ,charleston407#egi7 ,a bequest for ,masses 8to a ,roman ,catholic priest that shall succeed me in this place10 was held void for uncertainty47#ehj7 ,a bequest in trust to a bishop by name to sell and give the proceeds to a society named1 is not a devise to the society1 but to the bishop in trust47#eha7 99#cbd499 ,education1 ,priesthood4--,a devise or bequest to a clergyman of property to be used for the education of poor ,catholic boys for the priesthood1 was sustained in court as sufficiently definite for performance47#ehb7 99#cbe499 ,charitable ,trust1 ,cy-,pres4--,equity will not allow a charitable trust to fail for want of a trustee1 but will appoint one47#ehc7 ,the doctrine of cy-pres as applied to charitable gifts and trusts1 is not in force in ,alabama1 ,connecticut1 ,delaware1 ,indiana1 ,maryland1 ,iowa1 ,new ,york1 ,north ,carolina1 nor ,wisconsin2 but seems to prevail in ,california1 ,illinois1 ,massachusetts1 ,missouri1 ,pennsylvania1 and ,rhode ,island4 99#cbf499 ,error1 ,ambiguity4--,great latitude is allowed in charitable bequests1 devises1 and gifts1 in proving aliunde the beneficiary intended where there is error in the name or a latent ambiguity47#ehd7 ,the religion of the testator will be considered in proving intention4 99#cbg499 ,dissolution1 ,resulting ,trust4--,on dissolution of a religious society1 the money collected or derived from the sale of property goes back as a resulting trust to the contributors47#ehe7 99#cbh499 ,charity1 ,institutions4--,to determine what is a charitable trust1 devise1 or gift1 it is necessary to particularly bear in mind the most comprehensive definition of charity4 ,legacies for schools1 churches1 libraries1 cemeteries1 the poor1 hospitals1 and numerous other eleemosynary institutions1 have been sustained under charitable bequests when they otherwise would have failed47#ehf7 ,,chapter ,,xxiv4 ,,taxation 99#cbi499 ,purposes1 ,exempt4--,only church property that is actually used for church or charitable purposes1 is exempt from taxation4 ,property held for its increase or profit is not exempt47#ehg7 ,land bought for a church on which no work on the church is yet begun1 is not exempt from taxation47#ehh7 99#ccj499 ,lot ,isolated1 ,not ,exempt4--,a lot isolated from the other property of the church of a congregation1 is not exempt because the congregation intends to build a church thereon in the future1 and actually did build a church thereon two years later47#ehi7 99#cca499 ,bishop's ,residence1 ,hospital4--,real property the title to which is in the archbishop in fee in accordance with the discipline of the ,catholic ,church1 is not owned by a religious association so as to exempt it from taxation4 ,the records do not show a trust for the diocese nor any other beneficiary4 ,a court will not take judicial notice of the laws of the ,catholic ,church47#eij7 ,but property used as a hospital to care for the sick and wounded of all races and religions indiscriminately1 with or without pay according to the ability of the patient1 is a benevolent institution engaged in a work of charity1 and comes under the law of tax exemption47#eia7 99#ccb499 ,parsonage1 ,rented4--,a parsonage owned by a congregation and used only as a residence for the clergyman is not exempt because of some part of it being also used for alleged religious services1 to-wit3 morning prayers of the children before school1 a sewing society1 and a meeting place for ,sunday-school teachers47#eib7 ,however1 a house and lot rented and kept by the minister was exempt from taxation47#eic7 99#ccc499 ,masonic ,order1 ,charity1 ,elks4--,a charity which is confined exclusively to the members of the ,masonic ,order and their families or to the widows and children of deceased members or those who are directly or indirectly connected with the society1 is not purely a public charity within the provisions of the constitution relating to the exemption of institutions of purely public charity from taxation47#eid7 ,and property held by the ,elks for entertainment and to promote social intercourse was held not exempt47#eie7 99#ccd499 ,supporting ,church1 ,mississippi4--,in the early ages of the ,states several of them had laws for taxing all the property in parishes laid out by the ,state for the support of ,protestant churches4 ,gradually these laws were eliminated and at the present time there is probably no ,state excepting ,mississippi that uses money for the support of a church4 ,maine changed her laws in #ahba1 and other ,states followed from time to time47#eif7 ,while those taxes were collected1 no land within the parish was exempt in some ,states and in others the property of a non-resident was exempt47#eig7 ,in ,new ,hampshire and ,pennsylvania1 a person could not be compelled to pay the taxes to a denomination of which he was not a member47#eih7 99#cce499 ,appropriations1 ,contracts1 ,rent4--,under the constitution of the ,united ,states1 ,congress can not make appropriations nor give aid to any denomination4 ,also1 similar provisions are in many of the constitutions of the ,states4 ,however1 many cases arise out of contracts1 which border upon these various rules1 and in some ,states the constitutional provision of the ,state is such that the ,state ,legislature may legislate concerning religions and give certain aid and support thereto4 ,paying rent to a congregation for a school-room is not an appropriation or aid to a church contrary to the constitution47#eii7 ,,chapter ,,xxv4 ,,eleemosynary ,,institutions 99#ccf499 ,poor1 ,institutions1 ,negligence4--,as hospitals1 homes for the poor1 and other eleemosynary institutions are supported by money given to charity1 it would be a diversion of the trust funds if such institutions could be compelled to pay damages for negligence causing personal injury or death4 ,the general rule is that the person causing the injury may be liable1 but not the institution47#fjj7 ,however1 a charitable institution has been held liable for negligence of its manager to notify a nurse of the contagious nature of a case assigned to her47#fja7 99#ccg499 ,surgeon1 ,gratuitous ,services4--,a charitable medical institution is not liable for the negligence of its surgeon in operating upon a patient gratuitously where such institution exercises due care in employing a surgeon deemed competent4 ,the fact that besides such gratuitous services1 medicine is taught therein for tuition fees and patients who are able to pay are charged a small fee for room1 board1 nursing1 etc41 but no fee from the patient to the doctor1 does not change it from a charitable institution47#fjb7 ,however1 a hospital that is an adjunct to a medical school is liable47#fjc7 99#cch499 ,charitable ,institution4--,an institution that limits its benefactions to the members of a particular denomination is1 in the absence of a statute to the contrary1 a charitable institution47#fjd7 ,this rule has exceptions47#fje7 99#cci499 ,charter1 ,real ,estate4--,the trustees of a religious1 literary1 or other benevolent society1 can not1 irrespective of the powers granted by its charter1 purchase and hold real estate under trusts of their own creation which will protect their property from creditors47#fjf7 99#cdj499 ,mortmain1 ,title1 ,trust4--,the statute of mortmain was never in force in ,pennsylvania1 so a religious corporation can hold the legal title to land in trust for the heir-at-law of a testator who has devised it to the corporation in trust for uses that were void under the ,english law47#fjg7 ,the only ,states that have statutes of mortmain are ,mississippi and ,north ,carolina4 ,yet in those ,states the statutes are somewhat different from the law of ,england4 99#cda499 ,public ,institutions1 ,support4--,benevolent and charitable institutions under a church are not public institutions1 and moneys can not be appropriated for their support47#fjh7 99#cdb499 ,nuns1 ,vows1 ,property4--,when joining a society of nuns1 one of the vows taken was that all property should be held in common and whatever property was received after taking the vows should belong to the society4 ,a person who left the order was not concluded from making claim for her property47#fji7 ,,chapter ,,xxvi4 ,,schools 99#cdc499 ,parent1 ,education1 ,state1 ,parochial ,schools4--,the right of the parent to use judgment as to the proper necessaries of his child1 including board1 lodging1 and education1 is generally conceded4 ,however1 there must be no abuse of these parental rights1 as the child also has rights that even a parent can not infringe4 ,therefore1 the ,state may require a reasonable opportunity for the education of every child2 and if the parent can not give it on account of his poverty1 it is in the power of the ,state to take his child in charge and furnish him an education4 ,the right of the ,state to make laws requiring a parent to send his child to school between certain ages1 as from four to twenty-one years1 is well settled4 ,the question of the parent's being obliged to send his child to the public schools or being forbidden to send his child to a private or parochial school1 is not settled in some ,states2 but it is being settled in favor of the parent4 ,the ,kentucky constitution contains this provision3 8444 nor shall any man be compelled to send his child to any school to which he may be conscientiously opposed407#faj7 ,the right of the ,state to supervise or inspect private and parochial schools under the police power of the ,state can not be questioned47#faa7 99#cdd499 ,orphan ,asylums1 ,school ,moneys4--,in #ahej the ,new ,york ,legislature enacted a law as follows3 8,the schools of the several incorporated orphan asylums within the ,state other than those in the city of ,new ,york1 shall participate in the distribution of the school moneys in the same manner and to the same extent in proportion to the number of children educated therein1 as the common schools in their respective cities and districts40 ,the court ruled that moneys devoted by the constitution to the ,state for the support of common schools could not be distributed under the act1 for the reason that such asylums are not public schools2 but moneys from other sources might be paid for the education of such orphan children in proportion to their number to those educated in the common schools of their respective cities and districts47#fab7 ,the schools kept by the ,roman ,catholic ,orphan ,asylum ,society of the city of ,brooklyn1 are not common schools within the meaning of the constitution1 and a provision of law that such schools should share in the distribution of school moneys raised by the ,state was void47#fac7 99#cde499 ,contract1 ,direct ,payment1 ,lease4--,no school of any denomination or sect is entitled to public moneys for its support1 either by contract for the education of students therein or by direct payment from the government47#fad7 ,a school conducted by the ,catholic ,church in which religious instruction is given to ,catholic children is a sectarian institution within the constitutional provision against using public funds for sectarian purposes2 but public school money expended for such a school conducted by this school district could not be recovered by suit against the school officers47#fae7 ,also1 a school maintained as a charity under direction of trustees elected by the town where they must be of a certain religion1 is not entitled to public moneys47#faf7 ,but the lease of a part of a parochial school building or the basement of a church for public school purposed does not violate the law47#fag7 ,in the ,states of ,maine1 ,iowa1 ,massachusetts1 ,illinois1 ,ohio1 ,kansas1 and ,texas1 the reading of the ,king ,james ,bible and the singing of hymns and saying prayers have been held not sectarian47#fah7 ,but in ,wisconsin1 the court ruled the other way47#fai7 99#cdf499 ,teacher1 ,lord's ,prayer1 ,exercise4--8,a public school teacher1 who1 for the purpose of quieting the pupils and preparing them for their regular studies1 repeats the ,lord's ,prayer and the ,twenty-second ,psalm as a morning exercise1 without comment or remark1 in which none of the pupils are required to participate1 is not conducting a form of religious worship or giving sectarian or religious instruction407#fbj7 ,substantially the same rule applies in ,pennsylvania47#fba7 ,however1 similar religious exercises conducted by ,catholic teachers have generally been held sectarian and not permissible in public schools47#fbb7 99#cdg499 ,ohio1 ,directors1 ,bible4--,the constitution of the ,state of ,ohio does not enjoin nor require religious instruction or the reading of religious books in the public schools4 ,the board of directors of a district has charge of the instruction and books to be used therein1 and their official discretion will not be interfered with4 ,therefore1 they were authorized to have the ,bible read at the opening of the school47#fbc7 99#cdh499 ,public ,school1 ,bible1 ,prayer4--,the committee having control of a public school may make a rule requiring the school to be opened by reading from the ,bible and prayer every morning1 and that each child shall bow the head during such prayers2 that any scholar shall be excused from bowing the head whose parents request it2 and when any scholar refuses to obey such rule and his parents refuse to request that he shall be excused1 the committee may exclude such scholar from the school47#fbd7 99#cdi499 ,text-,books1 ,state4--,the ,state has the power to grant authority to the ,state ,board of ,education to select and prescribe text-books to be used in the public schools of the ,state47#fbe7 99#cej499 ,bible1 ,conscience1 ,constitution4--,the parent of a child expelled from the public school can not maintain an action against the school committee by whose orders it was done4 ,in the same case it was held that a rule requiring every scholar to read a particular version of the ,bible1 though it may be against the conscience of some to do so1 does not violate the letter or spirit of the constitution47#fbf7 99#cea499 ,schoolhouse1 ,sunday-,school ,purposes4--,the inhabitants of a school district have no right to use the schoolhouse for religious meeting on ,sunday against the objection of any taxpayer in the district1 notwithstanding that the officers of the district granted such right4 ,a taxpayer may obtain an injunction against such use1 although the injury to him be very slight1 as he has no other remedy47#fbg7 ,a district school board can not authorize the use of the schoolhouse for any other than school purposes47#fbh7 99#ceb499 ,child1 ,immoral ,character4--,the school committee in order to maintain purity and discipline1 may exclude therefrom a child whom they deem to be of licentious or immoral character1 although such character is not manifested in acts of licentiousness or immorality within the school47#fbi7 99#cec499 ,parents1 ,studies1 ,teacher4--,the requirement of a teacher that a scholar in grammar shall write ,english composition is a reasonable one1 and refusal to comply therewith in the absence of a request from his parents that he be excused therefrom1 will justify the expulsion of a scholar from school47#fcj7 ,but when a parent selects certain studies that the law provides to be taught for his child to study1 the teacher has no right to insist that the child shall take some other study and inflict punishment to enforce obedience47#fca7 99#ced499 ,chastisement1 ,cruel4--,the chastisement of a scholar by the schoolmaster must not be excessive or cruel1 but it should be reasonably proportioned to the offense and within the bounds of moderation47#fcb7 99#cee499 ,schoolmaster1 ,authority4--,although a schoolmaster has in general no right to punish a pupil for misconduct after the dismissal of the school for the day and the return of the pupil to his home1 yet he may on the pupil's return to school punish him for any misbehavior1 though committed out of school1 which has a direct and immediate tendency to injure the school and to subvert the master's authority4 ,the fact that the master acted in good faith will not excuse him from damages for the punishment of a scholar where the punishment is clearly excessive and unnecessary4 ,however1 where there is a reasonable doubt the master should have the benefit of it47#fcc7 99#cef499 ,force1 ,assistance4--,and where a scholar in school hours places himself in the desk of the instructor and refuses to leave it on the request of the master1 the master may immediately use such force and call to his assistance such aid from another person as may be necessary to remove the scholar4 ,the same rule would apply to any one who is not a scholar and intrudes upon the school47#fcd7 99#ceg499 ,white1 ,unmarried4--,before the adoption of the fourteenth amendment it was necessary in most ,states that in addition to the child being under twenty-one years of age1 he must be of white blood and unmarried47#fce7 ,in ,ohio1 negroes1 ,indians1 and children of less than half white blood1 were not entitled to the benefit of the school fund2 and even where this would entirely exclude from school children not sufficient to form a district1 still it was held that such children could not attend the white school47#fcf7 99#ceh499 ,facilities1 the ,constitution4--,so long as abundant facilities are given for the education of all the children of a district1 it is not a violation of the constitution of the ,united ,states to keep negro and white people separated4 ,the same rule applies to courts47#fcg7 99#cei499 ,residents1 ,public ,schools4--,children in a ,german ,protestant orphan asylum are not 8children1 wards1 or apprentices of actual residents0 in the district of the asylum1 and therefore are not entitled to enter the public schools of the district47#fch7 99#cfj499 ,board1 ,majority4--,two of the three members of a school board have no authority to act by themselves1 and their individual agreement to dismiss a teacher is void4 ,a school board can only act at a duly called meeting of the board1 and then the majority vote duly taken decides47#fci7 ,,chapter ,,xxvii4 ,,parent ,,and ,,child 99#cfa499 ,custody1 ,maternal ,relatives1 ,father4--,a parent is entitled to the care and custody of his child if he is competent to transact his own business and not otherwise unsuitable4 ,and the mere fact that the maternal relatives who have had the care of the child from its birth have become attached to it and desire to continue to care for it and are able to secure it better advantages than its parent1 does not render the parent unsuitable to have its care and custody within the meaning of the statute4 ,also1 the want of a sympathetic nature or cold reserve in a parent or the fact that he is away on business a great deal of the time1 is not sufficient to render him unsuitable4 ,but the right of the father may be lost or forfeited by his ill-conduct1 gross ill-treatment1 cruelty1 or abandonment1 or when his conduct and life are such as are injurious to the morals and interest of his child4 ,when the father dies or forfeits his right for reasons already given1 the mother1 if alive1 succeeds to all those rights1 subject1 however1 to the same conditions as the father4 ,and in the case of a child of tender years1 the good of the child has to be regarded as the predominant consideration47#fdj7 99#cfb499 ,mother1 ,illegitimate1 ,father4--,the mother has a right to the care and custody of her illegitimate child to the same extent that a parent has to his legitimate child47#fda7 ,the putative father on the mother's death succeeds to the mother's rights as against the maternal relatives and may secure the custody of the child by habeas corpus4 ,this rule is different from the one that prevailed in the ,roman law47#fdb7 ,however1 when the father has given bond for the care1 support1 and education of an illegitimate child1 his right to the custody of the child may be superior47#fdc7 99#cfc499 ,legitimatized4--,and when under a statute a child is legitimatized by acknowledgment or subsequent marriage1 the father has the better right to its custody47#fdd7 ,usually there are many provisions in the statutes of the various ,states which substantially provide for the rights1 relative and otherwise1 of the parents and child in such cases4 99#cfd499 ,punishment1 ,instrument1 ,murder4--,a parent or a person in foro domestico or in loco parentis may give reasonable corrective punishment with a fit instrument to a child4 ,but if a parent or master whips a child so that it dies1 he is guilty of manslaughter4 ,and if he uses lethal instruments of punishment1 he is guilty of murder47#fde7 ,where a mother in anger threw a poker at one child and hit and killed another child1 she was guilty of manslaughter47#fdf7 ,the punishment always becomes unlawful when it is excessive1 and drunkenness is no excuse47#fdg7 99#cfe499 ,guardian1 ,religion1 ,courts4--,in ,england where a child was taken from the testamentary guardian1 who after the death of the testator changed her religion from a ,protestant to a ,catholic1 it was held thereby to be incompetent to continue as guardian47#fdh7 ,and in ,new ,york it was held that where the father and mother were ,catholics1 the guardian must endeavor to bring the children up in that faith1 as a guardian will not be permitted to proselyte wards47#fdi7 ,but where a father who was a ,catholic allowed his child to be brought up by a maternal aunt who was a ,protestant1 until the child was fourteen years of age1 the father was not then entitled to the child's custody for the purpose of having it instructed in his own faith47#fej7 ,courts will not interfere with the religion of a child1 but will allow it to be brought up in the religion of its parents2 however1 the best interests of the child will be considered by the court without conceding everything else to its religion47#fea7 99#cff499 ,convent1 ,consent4--,a daughter under age who entered a convent to become a nun without the consent of her mother1 may1 on a writ of habeas corpus on the petition of her mother1 be required to leave the convent and return to her home47#feb7 99#cfg499 ,adoption1 ,rights1 ,duties4--,persons of suitable age and circumstances to enter the marital relations1 may adopt a child4 ,when a married couple do not unite in adopting a child1 the consent of the non-adopting spouse must be obtained4 ,also1 if the child's parents are living1 their consent is necessary unless they have lost their paternal rights by abandonment or divorce4 ,the decree of adoption may be set aside for good cause4 ,the adopted parent has all the rights over and duties toward the person of the adopted child that a natural parent has1 including necessaries and religious training4 ,usually the child inherits from the adopted parents1 but the adopted parents do not inherit from the child4 ,the statutes on adoption are not the same in the several ,states1 but they cover the subject and must be strictly followed47#fec7 99#cfh499 ,infancy1 ,manumission1 ,marriage4--,at common law a person is an infant until he is twenty-one years of age4 ,statutes have modified that rule so that girls in some ,states1 and both girls and boys in others1 may contract marriage at an earlier age without the parental consent4 ,generally1 an infant can not contract marriage without the consent of the living parent or guardian unless the child has been manumitted4 ,where the boy was under the age of consent1 but he falsely told the priest that he was of full age1 his father had the marriage annulled47#fed7 ,,chapter ,,xxviii4 ,,husband ,,and ,,wife 99#cfi499 ,custody1 ,father4--,a husband is entitled to the custody of his wife against her father1 and where a son-in-law killed his father-in-law in resisting the latter from taking his daughter out of his 7the son-in-law's7 house1 the court held that it could not be more than manslaughter2 and if it were necessary to kill to protect and maintain his wife1 the defendant was not guilty47#fee7 ,but for good cause and without malice a parent may advise his child to leave spouse47#fef7 99#cgj499 ,corrective ,authority1 ,services1 ,domicile4--,in ,america a husband gains no right to corrective authority over his wife4 ,he can neither whip her nor use abusive language to her4 ,the same rule applies to the wife1 as they stand equal before the law47#feg7 ,however1 a husband is entitled to all the services of his wife and a promise to pay her extra for housework can not be enforced47#feh7 ,also1 the husband has the right to determine their place of domicile1 and if the wife unreasonably refuses to accompany her husband1 it is desertion1 for which he may obtain a divorce47#fei7 ,,chapter ,,xxix4 ,,indians 99#cga499 ,indians1 ,citizens1 ,wards4--,there are a great number of statutory provisions concerning ,indians1 both in the ,united ,states statutes and in the statutes of the several ,states1 most of which are not of great importance at the present time1 as the ,indians are confined to a few ,states4 ,when they become citizens of the ,state in which they reside1 their status is the same as other citizens2 but so long as they remain in their tribal relations they are taken care of as wards of the ,union4 99#cgb499 ,schools1 ,cemeteries1 ,churches4--,in ,oklahoma there are schools provided for them4 ,when a tribe cedes #afj acres to the ,united ,states1 it will give it a school for ten years1 and as much longer as it deems necessary4 ,also1 the ,indians may have their own cemeteries1 schools1 and churches1 where the ,indians belong to the tribes1 and they are allowed lands therefor47#ffj7 ,in other ,states1 under the general law1 the money of ,indian minors may be held in the treasury by the ,secretary of the ,interior and paid to parents and guardians in such sums and at such times as the ,secretary in his discretion may determine47#ffa7 ,there is no doubt that out of those moneys1 parents might pay for their children at private schools47#ffb7 99#cgc499 ,inspectors1 ,duties4--,under the ,united ,states laws1 inspectors are appointed to visit ,indian agencies and investigate all matters concerning them and to examine all contracts and accounts with the ,indians and make report thereon to the ,secretary of the ,interior4 ,the contracts for support of religion1 schools1 and charitable institutions1 come under their duties47#ffc7 99#cgd499 ,president1 ,trades4--,the ,president may cause ,indians to be instructed in trades and agriculture and have them taught the elementary branches47#ffd7 99#cge499 ,commissioner1 ,school1 ,rations1 ,bible1 ,sectarian4--,another officer of great importance is the ,commissioner of ,indian ,affairs1 who has most to do with the education and schools of the ,indians47#ffe7 ,he may require parents and guardians to send children to school and withhold rations from them for failure so to do4 ,also1 there is a fund under the control of the ,united ,states as trustee1 with which he may make contracts for the education of ,indian children at private schools47#fff7 ,however1 the jurisdiction of the commissioner over ,indian children does not extend to those off the reservation47#ffg7 ,among other provisions of the ,united ,states statutes is the following3 8,the ,christian ,bible may be taught in the native language of the ,indians if in the judgment of the persons in charge of the school it may be deemed conducive to the moral welfare and instruction of the pupils in such schools407#ffh7 ,the ,bible continues its position among the ,indians1 but appropriations for the ,church are cut off by the following provision3 8,it is hereby declared to be the settled policy of the government to hereafter make no appropriations whatever for education in any sectarian school407#ffi7 ,,chapter ,,xxx4 ,,juvenile ,,courts 99#cgf499 ,reformatories1 ,object1 ,liberty4--,during the past few years juvenile courts have been created for the purpose of committing children to reformatories4 ,the proceedings are not criminal actions1 but of an equitable nature47#fgj7 ,however1 as the object is to deprive the child of its liberty1 the statute must be strictly construed and followed47#fga7 ,an infant can not waive a right47#fgb7 ,if a child has been wrongfully committed or is wrongfully detained1 the proper remedy for his discharge is a writ of habeas corpus47#fgc7 ,,chapter ,,xxxi4 ,,libel ,,and ,,slander 99#cgg499 ,confidential1 ,tribunal1 ,malice4--,the rule is that all confidential statements made to an officer or a tribunal of the church concerning a member in the course of church discipline and for the good of the church1 if not made with malice1 are privileged1 and no action for libel or slander can be maintained therefor47#fgd7 99#cgh499 ,member1 ,officer1 ,councils4--,but slanderous or libelous statements made concerning a person not a member of the church or made concerning a member of the church to another member who is not either an officer or in the councils of the church1 are actionable and the person making or publishing such statements is liable for damages4 ,also1 a person who repeats a libel or slander may be liable as though he were the originator47#fge7 99#cgi499 ,official ,communication1 ,privileged4--,an official communication between authorities of the church or an authority and a member of the church concerning a church matter or church members and not made in malice1 is privileged47#fgf7 99#chj499 ,priest1 ,pastoral ,duties4--,where a priest published from the altar that 8,peter ,servatius is excommunicated1 because he laid hands on the priest to put him out of the church1 and he has no more benefit of the prayers of the church4 ,i will not pray for him1 and consider him a lost sheep and withdraw all my pastoral blessings from him4 ,if he die1 the burial rights of the church will be denied him10 such remarks were held defamatory1 unless they were spoken in the proper discharge of the priest's clerical and pastoral duties and without malice2 and the case should have been submitted on the evidence to a jury47#fgg7 99#cha499 ,church ,record1 ,excommunication4--,an entry of a church record that 8,a report raised and circulated by ,a4 ,b4 against ,brother ,c41 stating that he made him pay a note twice1 and proved by ,a4 ,b4 as false10 is libelous47#fgh7 ,but an entry of excommunication of a member made in the record and shown to other members1 is not libelous1 the latter being properly a part of the record and the former extraneous47#fgi7 99#chb499 ,will1 ,libel1 ,action4--,the will of a priest contained a statement that a relative had received #cjj from him for clothing1 maintenance1 education1 etc41 and promised to repay it1 but paid no part of it4 ,then testator bequeathed said #cjj to two legatees to collect for their own use4 ,the relative filed a petition asking the estate of the priest to be held liable for a libel in the sum of #ej1jjj and the court held that as the right of action did not accrue until after the death of the testator1 there was a right of action against the estate4 ,as the case never got beyond the probate court1 its authority is doubtful47#fhj7 99#chc499 ,language1 ,insane1 ,good ,faith4--,unless the language is used by the bishop in the line of his duty1 a statement that a priest is irresponsible and insane1 that he was removed from his position of priest for good reason1 and that he has been guilty of ecclesiastical disobedience1 is slanderous per se4 ,to make a communication between a bishop and priest privileged it must have been spoken in good faith and in belief that the speaking of it came within the discharge of the bishop's duty47#fha7 99#chd499 ,rector1 ,bigamy1 ,tobacco1 ,liquor4--,in a case where the rector of an ,episcopal church called upon a man charged with bigamy and after a private conversation the minister wrote a letter to the district attorney on behalf of the prisoner1 it was held not privileged because it was not made in confidence of the relation and was not kept as a secret47#fhb7 ,a letter from a church member of one congregation to the elders of another congregation advising them of the unfitness of a clergyman appointed to the latter parish1 and stating that he used tobacco and liquor1 that he was an untruthful man1 and that his family was no credit to the community1 was quasi-privileged2 and in the absence of proof that the charges were false and malicious was not actionable47#fhc7 99#che499 ,newspapers1 ,criticisms1 ,priest4--,a newspaper has a right to publish criticisms of the conduct of a priest in certain services held in his church if no false statement of facts is given1 since such conduct is a proper subject of discussion2 and if such article contains a statement that if certain published accounts of the conduct of the priest are true he acted in an improper manner1 etc41 it is not libelous because such facts are not true1 as it is not an affirmation of the truth thereof4 ,where the alleged libel was published in a foreign language and the correctness of the translation was disputed1 it was an error for the judge to instruct the jury that if the translation introduced in evidence was correct1 the defendant was liable1 since plaintiff's right to recover should not be made to depend on the absolute accuracy of the translation47#fhd7 99#chf499 ,clergyman1 ,discipline1 ,tribunals1 ,testimony1 ,argument4--,what a clergyman says in the administration of the discipline of the church or what is said in tribunals to enforce discipline of the church1 including testimony and legitimate argument within the scope of the case1 if said in good faith and without malice1 is not actionable in the civil courts47#fhe7 99#chg499 ,physical ,discipline1 ,imprisonment1 ,courts4--,a clergyman who claims to have been slandered by a parishioner can not administer physical discipline nor put the offender under restraint without leaving himself liable for damages for assault and battery or false imprisonment4 ,if the clergyman desires to treat the charge as a church matter1 he must go into the church tribunal2 otherwise1 his proper course is to bring an action for slander in the ,state court47#fhf7 99#chh499 ,sermon1 ,false ,statement1 ,crime4--,a clergyman may1 by words used in a sermon1 slander a member of his congregation4 ,however1 if he makes no false statement and does not falsely or maliciously charge a crime1 what he says in the way of discipline is privileged47#fhg7 ,the meaning of the words 8she is a dirty1 vile woman10 can not be extended by innuendo47#fhh7 99#chi499 ,charges1 ,robbed1 ,hypocrite4--,charges that a person has robbed a church or has stolen from a church1 are actionable47#fhi7 ,also1 charging a person with being a hypocrite and using the cloak of religion for unworthy purposes1 is slanderous47#fij7 99#cij499 ,investigation1 ,probable ,cause4--,when a member of a church consents to an investigation on complaint before a person who is not a member1 if the complaint was made on probable cause and not under the pretence of exposing the defendant to scorn or obloquy1 he could not subsequently bring an action for libel47#fia7 99#cia499 ,sacraments4--,to publish of a person that he has been deprived of the sacraments of the church to which he belongs1 is libelous47#fib7 99#cib499 ,obituary1 ,tolling ,bell4--,to falsely and maliciously publish an obituary notice of a person living1 is good ground for an action for libel47#fic7 ,however1 a complaint that a church tolled its bell to announce the death of a member1 and did report him dead when he was actually living1 and that it was all done for the purpose of annoying1 harassing1 and vexing the person and his family1 was held not sufficient to support an action for libel4 ,the latter case is doubtful law47#fid7 99#cic499 ,newspaper1 ,profane ,swearer4--,a newspaper in a notice of the death of a church member has the right to state that he was a profane swearer1 if such was the case47#fie7 99#cid499 ,business or ,property1 ,special ,damages4--,a company incorporated for the purpose of transacting business which would include hospitals1 schools1 and industrial institutions1 may maintain an action for libel the same as an individual for any words affecting its business or property1 if special damages are alleged and proved47#fif7 99#cie499 ,justification1 ,repeating4--,it is no justification that libelous matter had been previously published by a third person1 that the name of such person was disclosed at the time of repeating the libel1 and that the person who was repeating it believed all the statements in the libel to be true47#fig7 ,,chapter ,,xxxii4 ,,crimes 99#cif499 ,sins1 ,crimes1 ,discipline4--,crimes are offenses against the civil law4 ,the fact that the church organization may try and punish a member for sinning1 or acquit him1 has nothing whatever to do with the administration of the criminal law of the ,state4 ,therefore1 a member may be arrested and tried for any offense before or after the ecclesiastical tribunal has taken action in the matter4 ,but there are certain crimes of a religious nature of which the civil law assumes jurisdiction and punishes1 such as blasphemy17#fih7 disturbing religious meetings17#fii7 etc4 ,most of those laws are statutory and depend wholly upon the statute of the ,state where the crime is committed4 99#cig499 ,profane ,language1 ,smoking1 ,disturbance4--,rude behavior or profane language if audible17#gjj7 smoking in the church or during services17#gja7 cracking and eating nuts in church17#gjb7 and fighting near the church so as to disturb the services1 are violations of the law47#gjc7 ,a father's taking his child out of the church with violence is a disturbance of the meeting47#gjd7 ,the disturbance of any member of the congregation assembled for religious worship is a violation of law47#gje7 ,a sentence of #ajj fine or one year's imprisonment in the penitentiary1 is not excessive or cruel or unusual punishment on conviction for disturbing a meeting47#gjf7 99#cih499 ,sunday-,school1 ,church4--,an ordinary ,sunday-school where the ,bible and religious precepts are taught1 is a church within the law47#gjg7 99#cii499 ,private ,school4--,a person may be punished under the statute for wilfully disturbing a private school kept in a district schoolhouse for instruction in the art of writing47#gjh7 99#djj499 ,disturbing a ,religious ,meeting4--,under a statute against disturbing a religious meeting1 it has been held that it should define what disturbance is punishable47#gji7 ,also1 mere want of attention or observance of ceremonies1 as standing or kneeling at times1 is not a violation of the law47#gaj7 ,neither is singing out of time1 unless done purposely17#gaa7 nor performing a proper duty1 such as objecting to a silenced clergyman's conducting the services47#gab7 99#dja499 ,common ,law1 ,offense1 ,statutory ,law4--,if there is no statutory provision1 in those ,states where the common law prevailed before the admission of the ,state to the ,union the offense is punishable under the common law47#gac7 ,and even in ,states where there is a statutory law on the subject1 a person may be convicted at common law47#gad7 99#djb499 ,services1 ,violation1 ,time4--,the nature of the services and the discipline of the denomination may determine whether there is a violation of the law4 ,usually the disturbance may occur at any place the congregation is assembled1 and at any time when any part of the congregation is assembled for religious services or business47#gae7 99#djc499 ,force1 ,priest1 ,preserve ,order4--,a congregation may use sufficient force to remove a disturber47#gaf7 ,a ,catholic priest who is the conductor of religious services and master of ceremonies within his church has the right to preserve order and to remove by force1 if necessary1 any person who disturbs his services47#gag7 99#djd499 ,interrupt1 ,liquors1 ,traffic4--,there are statutes in most of the ,states making it a penal offense to interrupt or molest any assembly or meeting of the people for religious worship1 or to sell intoxicating liquors or other articles of traffic within a certain distance of any camp-meeting or other religious assembly1 except at a place of business regularly established prior to such meeting or assembly and not with intent of evading the provisions of the law47#gah7 99#dje499 ,theory1 ,blasphemy1 ,crime4--,on the theory that the ,united ,states is a ,christian nation1 blasphemy is held to be a crime47#gai7 ,infidels naturally claim that it interferes with their rights4 ,however1 there is no more interference with the private rights of the infidel than there is with the private right of the ,mormon who is forbidden to violate the laws of the country by having a plurality of wives2 and it has been held that any words importing imprecation for divine vengeance may constitute profane cursing or blasphemy47#gbj7 99#djf499 ,religion1 ,god1 ,ridicule1 ,virgin4--,words vilifying the ,christian religion17#gba7 denying ,god or the final judgment17#gbb7 and profane ridicule of the ,holy ,scriptures or of ,christ17#gbc7 are usually punishable4 ,also1 the use of vile words applied to the ,virgin ,mary is blasphemy47#gbd7 99#djg499 ,profanity1 ,proof1 ,excuse4--,the profanity must be in the hearing of some person47#gbe7 ,every time a person profanely swears by taking the name of ,god in vain is a separate offense47#gbf7 ,the prisoner's confession is sufficient proof2 otherwise the prosecution must show that the offense was committed and some one heard the words4 ,drunkenness is no excuse47#gbg7 ,punishment by fine or imprisonment is not in violation of the constitution of the ,state or of the ,united ,states47#gbh7 99#djh499 ,sunday1 ,business1 ,fishing4--,the offenses against the ,sunday law are so numerous that it would be almost impossible to review them within the limits of this work4 ,of course1 the carrying on of a man's ordinary business is a violation of the ,sabbath laws4 ,but in some ,states selling cigars17#gbi7 a butcher selling meat17#gcj7 and even selling soda water17#gca7 and ice cream17#gcb7 as well as fishing1 traveling1 driving1 using a slot machine17#gcc7 and almost every other imaginable act excepting going to church1 has at some time and in some ,state been declared a violation of the law1 and a penalty imposed therefor4 ,in ,california17#gcd7 ,tennessee17#gce7 and ,washington17#gcf7 men may be shaved on ,sunday4 ,in some other ,states it has been held that running a barber shop on ,sunday is a violation of the law47#gcg7 99#dji499 ,charity1 ,necessity1 ,benefit1 ,pleasure4--,however1 doing works of charity and works of necessity usually are exempt4 ,what is a work of necessity is a question of law4 ,charity includes whatever proceeds from the sense of moral duty or a feeling of kindness and humanity1 and is intended wholly for the purpose of the relief or comfort of another1 and not for one's benefit or pleasure47#gch7 99#daj499 ,contracts1 ,marriage1 ,notice4--,the common law made no distinction between ,sunday and any other day as to making contracts1 but it prohibited holding court4 ,in this country the statutory law invariably prohibits any but works of necessity or charity to be done on ,sunday4 ,but marriage settlements17#gci7 publication of statutory notices on ,sunday17#gdj7 and promises to marry1 have been held legal47#gda7 99#daa499 ,funeral1 ,physician1 ,subscriptions4--,to attend a funeral1 to employ an undertaker1 or a physician1 on ,sunday1 has been tested in the courts1 and finally decided to be works of necessity or charity and not a violation of the ,sunday law4 ,also1 subscriptions made for church purposes and in works of charity on ,sunday have been held legal and binding47#gdb7 99#dab499 ,jews1 ,seventh-,day ,observers4--,in several of the ,states it has been held that ,jews and ,seventh-,day observers of the ,sabbath must obey the ,sunday law47#gdc7 ,however1 in many ,states there is a statute expressly exempting people who keep the seventh day of the week2 but still they sometimes have a provision1 unless 8he shall wilfully disturb thereby some other person or some religious assembly on said day40 99#dac499 ,societies1 ,secular ,work4--,business meetings of benevolent and church societies for benevolent or church work may be held on ,sunday4 ,even the constitution of such societies may be amended on ,sunday4 ,however1 secular work that does not come strictly under the functions of such societies would be unlawful47#gdd7 99#dad499 ,sunday1 ,begins1 ,ends4--,usually people believe they know what the word ,sunday means1 when it begins1 and when it ends4 ,christianity usually recognizes the time from midnight to midnight as ,sunday1 and that is the usual time recognized by law47#gde7 ,but the solar day only17#gdf7 or from midnight to sunset17#gdg7 give us a variety which may not be complete4 ,also1 we have the further anomaly of a note made at #b o'clock on ,saturday night1 being held valid47#gdh7 99#dae499 ,religious ,liberty1 ,law4--,the constitutional guarantee of religious liberty is not violated by enforcing the ,sunday law47#gdi7 99#daf499 ,necessaries1 ,doctor4--,as a parent or husband is obliged to furnish necessaries for his children and wife1 when medical treatment becomes necessary1 he is liable for manslaughter for failure to do his duty1 even in case of religious disbelief in the efficacy of medicine4 ,courts are not inclined to make any distinction as to religious belief1 and the prevailing rule in this country is that the parent is liable if he negligently allows his child to die when it might have been saved by the services of a doctor47#gej7 99#dag499 ,christian ,healer1 ,consent4--,a ,christian healer can not be held liable except under a ,state law4 ,one who consents to treatment has no action for damages unless there is a failure to exercise the care and skill of a ,christian ,scientist4 ,this rule might not apply to one incompetent to consent to a contract47#gea7 99#dah499 ,politics4--,a minister who had been expelled by his congregation for voting the ,democratic ticket1 had some of the members of the church arrested under the election laws for intimidating a voter4 ,the court held that as he 8suffered no pecuniary loss1 personal injury1 or physical restraint10 no crime was committed47#geb7 99#dai499 ,mail1 ,obscene ,language4--,under the ,united ,states postal laws against sending 8obscene1 lewd or lascivious0 books or papers through the mail1 a person can not be convicted without proof that the matter is obscene1 lewd1 and lascivious1 as the word 8or0 should be construed to mean 8and40 ,also1 the court held that a newspaper article on the doctrine of the ,immaculate ,conception written in coarse and obscene language that offended the religious sentiments of the people1 but had no tendency to induce sexual immorality1 did not render the newspaper unmailable nor the publisher guilty under the ,united ,states statutes4 ,the court says3 8,those parts of the article most relied upon to sustain the charge1 though ostensibly a discussion of a religious subject1 are couched in language not quite suitable for insertion in a judicial opinion1 however well adjusted to such applause as might be expected from taste of a certain degree of degradation407#gec7 99#dbj499 8,fair10 ,chances1 ,gambling4--,a church 8fair0 at which chances are sold1 drawings had1 or any game of chance permitted1 is illegal and may be punished as gambling47#ged7 ,,chapter ,,xxxiii4 ,,cemeteries 99#dba499 ,statutes1 ,land4--,there are sufficient statutory provisions on cemeteries to make a large book1 and the frequent changes made in such laws render a full statement of the law impossible4 ,the statutes against locating cemeteries near cities1 dwellings1 etc41 should be carefully examined before buying land therefor47#gee7 99#dbb499 ,united ,states1 ,jurisdiction4--,the jurisdiction over the ,united ,states cemeteries is in the ,state where the cemeteries are located unless such jurisdiction has been ceded to the ,united ,states47#gef7 99#dbc4994 ,tombstones1 ,soldiers4--,the ,united ,states will erect tombstones at the graves of soldiers who served in the ,civil ,war1 in all cemeteries where their graves are unmarked4 ,wherever the ,united ,states has jurisdiction over cemeteries1 it has made it a criminal offense punishable by fine or imprisonment to deface a tombstone47#geg7 99#dbd499 ,indigent ,soldiers1 ,tombstones4--,most of the ,states have statutes providing for the burial of indigent soldiers and for putting tombstones at their graves4 ,the attention of relatives of deceased soldiers should be called to it4 99#dbe499 ,state ,authority4--,the ,state ,legislature has authority to control cemeteries or delegate that authority to some one else1 and afterward to transfer it to a different person47#geh7 99#dbf499 ,maryland1 ,two ,acres4--,although the declaration of rights of the ,state of ,maryland restricted the sale of lands for a cemetery for a church to two acres1 the ,legislature has power to grant leave to a cemetery association to take title to more land4 ,and where the trustees bought twelve acres of land for a burial ground and a subsequent act of the ,legislature authorized the enlargement of the cemetery not to exceed twenty-five acres1 the title to the excess of the valid purchase was ratified and the title vested in the trustees47#gei7 99#dbg499 ,consent1 ,application4--,where a statute provides that no cemetery shall be laid out without first obtaining the consent of the municipal authorities thereto1 a written communication signed by the officers of an incorporated society is sufficient application2 and a motion granting consent adopted by the city council is sufficient action on its part to comply with the statute47#gfj7 99#dbh499 ,charter1 ,ground1 ,members4--,an application for a charter to incorporate a cemetery need not specifically locate the ground47#gfa7 ,the charter or the articles of incorporation1 or by-laws made under them1 generally determines who shall be members of the corporation4 ,and where every owner of a lot signing the constitution and by-laws becomes a member1 the trustees can not vote on the unsold lots47#gfb7 99#dbi499 ,police ,power1 ,trespass1 ,burial4--,under our laws the ,state1 by reason of its police power1 has control over the cemeteries within it4 ,however1 that power has generally been very favorably exercised4 ,laws both civil and criminal have been enacted to protect cemeteries from invasion and trespass and to protect tombstones from injury47#gfc7 ,when authorized by the ,legislature a city may make a by-law prohibiting burial within its limits1 notwithstanding that the cemetery has been constantly used for over one hundred years47#gfd7 ,also1 the city has authority to protect and regulate the use of a cemetery47#gfe7 99#dcj499 ,dwelling1 ,limits4--,most of the ,states provide that no cemetery shall be laid out within a certain limit of a dwelling4 ,but after the cemetery is established a man can not have it moved when he puts up a dwelling within the limits or where he consented to the cemetery at the time it was established47#gff7 99#dca499 ,well1 ,pollution4--,and where a man had built a dwelling near a cemetery1 it was not good ground for him to prevent the enlargement of the cemetery by showing that it might destroy his well4 ,the court questions whether there is any legal ground for complaint for the pollution of subterranean waters when caused by the proper use without negligence of the adjacent premises47#gfg7 ,additional lands may be obtained under the law of eminent domain by condemnation47#gfh7 99#dcb499 ,exempt1 ,execution1 ,mortgage4--,the statutes in most of the ,states exempt the tombstones and lots in a cemetery from sale on execution47#gfi7 ,also1 a cemetery lot can not be sold under mortgage after bodies have been buried therein1 as any one may be arrested for desecration of graves47#ggj7 99#dcc499 ,public1 ,regulation4--,the right to bury in a public cemetery is a privilege or license that is subject to municipal regulation1 and revocable whenever the public necessity requires it47#gga7 99#dcd499 ,nuisance1 ,public ,health1 ,disease4--,a cemetery is not a nuisance per se1 but if it is proved that the burial of dead bodies in a certain cemetery does injure the public health and is a fruitful source of transmission of disease1 the ,state may prohibit such burial at certain places within cities or adjacent to dwellings4 ,but unless authorized by the ,legislature a council has no right by ordinance to provide that no one shall be buried within half a mile of any habitation or public thoroughfare47#ggb7 ,and where the ,legislature authorized a city to remove the bodies interred and allow streets through the land1 it had authority to do so47#ggc7 99#dce499 ,devise1 ,easement1 ,rules4--,the general rule of law is that a man can not devise away a cemetery lot in which members of his family are buried4 ,he owns only a license or at the most an easement which is subject to the rules of the cemetery association and the police power of the ,state4 ,however1 there are some exceptions47#ggd7 99#dcf499 ,conditions4--,a condition in a deed that the lot can not be sold1 assigned1 or transferred without consent of the cemetery corporation1 is as good and binding as in any other conveyance of real estate47#gge7 99#dcg499 ,inherits1 ,right4--,where a son inherits from his father the right to burial in a cemetery lot1 he has the right to remove and inter therein the bodies of his grandmother and sister who had been buried elsewhere47#ggf7 99#dch499 ,certificate4--,a certificate was issued for the burial of ,dennis ,coppers in the following form3 8,office of ,calvary ,cemetery1 ,new ,york1 ,december #a1 #ahgc4 ,,received from ,mr4 ,dennis ,coppers1 seventy-five dollars1 being the amount of purchase money of a plot of ground #h feet by #h feet1 in ,calvary ,cemetery4 ,d4 ,,brennan1 ,superintendent of ,calvary ,cemetery4 #d ,graves1 #e1 #f1 #g1 #h1 ,plot ,d1 ,section #g1 ,range #ce40 99#dci499 ,freemason1 ,title1 ,right4--,prior to #ahgi1 the mother1 wife1 and other relatives of ,coppers1 who were ,roman ,catholics1 were buried in the lot covered by the deed given in the last paragraph4 ,coppers1 who was a ,freemason1 died in ,august1 #ahgi1 and his funeral services were held under the auspices of the ,masons from an ,episcopal church1 as directed in his will4 ,the rules and doctrines of the ,church forbid the burial in consecrated ground of the body of one who was not a ,roman ,catholic or who was a member of the ,masonic fraternity4 ,the ,church authorities refused to allow ,coppers to be buried in the cemetery1 and application was made by his relatives for a writ of mandamus to compel his interment therein1 they having deposited the necessary money to pay all the expenses4 ,the court held that the certificate delivered to ,coppers was not a conveyance nor a grant and did not vest title to the land in him1 and that the cemetery could not be compelled to execute and deliver to him an absolute conveyance of the lot4 ,his only right under the certificate was the use of the lot for burial purposes subject to and in conformity with the established rules and by-laws of the corporation in so far as they were not in violation of any law4 ,it is the tacit understanding1 when a person applies for a burial lot in a cemetery of the ,catholic ,church1 that he is either a ,catholic and as such is eligible to be buried therein1 or that he applies in behalf of those who are in communion with the ,church47#ggg7 99#ddj499 ,lots1 ,fee4--,if the cemetery association sells #djj lots to one man and makes a conveyance in fee thereof1 it is bound thereby47#ggh7 99#dda499 ,deed1 ,privilege1 ,heirs and ,assigns4--,no formal deed is necessary to confer exclusive right to the use of a cemetery lot for burial purposes47#ggi7 ,and certificates of lots issued by a corporation convey no title to the land1 as they are not in the form necessary to constitute a conveyance of land4 ,their only effect is to grant the privilege of interment so long as the ground continues to be used for the purposes of burial47#ghj7 ,a deed of a cemetery lot 8to him1 his heirs1 and assigns forever10 gives only an easement in the freehold1 and does not give title to the soil1 and is subject to changes made necessary by altered circumstances47#gha7 99#ddb499 ,access1 ,purposes4--,title to a cemetery lot gives the right of access to it for the usual purposes1 including putting up monuments47#ghb7 99#ddc499 ,monuments1 ,inscriptions1 ,drunkenness1 ,non-,baptized1 ,strangers4--,the plaintiff obtained from the defendant a deed1 which1 among other things1 contained the following conditions3 8that such lot shall not be transferred without the consent of the trustees2 shall be subject to the regulations made1 or to be made1 in the care and management of such cemetery by the trustees1 who shall also have the right to prevent the erection of offensive and improper monuments or inscriptions thereon1 and shall retain the right to enter any lot for the removal of anything objectionable2 that no remains shall be deposited therein for hire2 and that persons dying in drunkenness1 duel1 or by self-destruction1 non-baptized1 non-,catholic1 or otherwise opposed to the ,catholic ,church1 shall not be therein interred40 ,the plaintiff had buried his father and one of his children in the lot1 and brought his wife's remains there for burial4 ,upon the arrival of the funeral1 two small coffins of strangers1 one of which bore the name 8,john ,mc,donald10 which the grave-digger had taken up1 were at the side of the grave4 ,there was nothing to show how those bodies came to be buried there4 ,the plaintiff brought suit for damages against the cemetery association4 ,the court held that the cemetery association was liable and that the defense that it was a public charitable organization could not be sustained47#ghc7 99#ddd499 ,use1 ,forfeited4--,when a deed is made of land for the use of a cemetery only1 it will be forfeited by using it for a school47#ghd7 99#dde499 ,by-,laws1 ,member1 ,burial4--,where a by-law of a church association provides that any member who pays one dollar to have his name entered in the record shall be entitled to a burial lot1 a member who had paid one dollar to the committee of the church before the adoption of such by-law but had ceased to be a member of the congregation1 has no right to a burial lot47#ghe7 99#ddf499 ,adverse ,possession4--,if the original title to a cemetery is defective1 the title may become good by adverse possession47#ghf7 99#ddg499 ,improvements4--,the owner of a lot1 unless some rule of the cemetery association or law of the ,state is to the contrary1 may improve it as he sees fit so long as he does not injure the property rights of another47#ghg7 99#ddh499 ,trespass1 ,injunction4--,an action for damages quara clausum fregit1 can be maintained by a relative against any one who trespasses upon a grave of a person lawfully interred47#ghh7 ,also1 a relative may enjoin by suit in equity1 on behalf of himself and others equally interested1 interference with graves in his cemetery lot47#ghi7 99#ddi499 ,roads1 ,alleys4--,most of the laws relating to highways apply to cemetery roads and alleys1 excepting that when a road or alley in a cemetery is vacated the land reverts to the cemetery instead of becoming parts of the adjoining lots47#gij7 ,in most of the ,states a road can not be laid out through or take a part of a cemetery47#gia7 ,but a public highway may be established through a cemetery by user1 the same as over other lands47#gib7 99#dej499 ,abandoned1 ,bodies4--,when a cemetery has been abandoned1 those who have relatives buried there may incorporate it for preservation47#gic7 ,also1 a corporation may change its cemetery and remove the bodies interred therein47#gid7 99#dea499 ,two-,family ,lot1 ,control4--,where a lot is owned jointly by two families1 one burying in the north half and the other in the south half1 the family burying in the north half can not prevent the burial of a member of the other family in the south half1 if entitled to be buried in that cemetery47#gie7 99#deb499 ,burying ,dogs1 ,removal4--,a person who has a lot in a cemetery has no right to bury any but human bodies therein1 and one who has buried a pet dog in her lot may be compelled to remove it47#gif7 99#dec499 ,stranger1 ,protest1 ,kin4--,one member of a family can not authorize the burial of a stranger in a family lot where his parents are buried and against the protest of any other relative of equal or nearer degree of kin47#gig7 ,when an owner of a lot has consented to the burial of a body therein1 he can not afterward remove the body or deface the tombstone1 and to do so would be a criminal offense47#gih7 ,when a lot is sold to one person1 the cemetery association has the right to limit interments to members of the family owning the lot4 ,however1 where there is nothing concerning it in the laws or rules of the association1 it might be different47#gii7 99#ded499 ,association1 ,bishop1 ,stipulation1 ,certificate1 ,license1 ,revocable4--,the ,germans of ,cincinnati formed an association and purchased ten acres of land for a cemetery 8for ,german immigrants1 their families1 and relatives1 of ,cincinnati and its vicinity1 who might be members of the ,catholic ,church and in accordance with the doctrine1 discipline1 usage1 and ceremonies of the same40 ,they incorporated with fifteen trustees to be elected annually4 ,before he would bless the cemetery1 the bishop required and the committee stipulated with him in writing the following3 ,that the rules of the ,catholic ,church should always be faithfully observed in this chiefly3 ,first1 that no one should be buried in the ground who had not been baptized or who died out of communion of the ,catholic ,church1 to which the bishop or in his absence the clergy of the ,german ,catholic ,church or churches1 should be the judge2 second1 that no poor person should be denied a place therein because his parents were unwilling to pay2 third1 that any money accrued from the ground should be expended for pious uses and specifically for the relief of the ,german ,catholic poor2 fourth1 that the remains of persons interred in ,catharine ,street burial-ground might be removed to the new ground4 ,the bishop subsequently closed the cemetery as a place for burial of ,catholics because the congregation had violated the stipulation3 8,first1 by admitting those to burial who died out of the communion of the ,catholic ,church2 second1 by refusing to poor persons the right of burial2 third1 by expending the funds of the association in other than pious uses and relief of the poor40 ,the court held that the corporation had authority to determine that the cemetery should continue to be used as such1 but the conditions might be enforced by any one interested47#hjj7 ,also the question was brought before the court in a case where a man had fallen away from the ,church1 and the court held that the certificate was a mere license giving no property rights1 and revocable2 and that the question as to whether the party to be buried therein was in communion with the ,church1 was one over which the ,church itself had exclusive jurisdiction47#hja7 99#dee499 ,rules1 ,diocese4--,one who buys the privilege of burying his dead in a cemetery acquires no general right of property1 but only a right to use the grounds as a place of interment1 and the rules governing a cemetery in force at the time the privilege is acquired measure the extent of the use4 ,where a rule of the church having charge of the cemetery forbids the burial of non-,catholics therein1 the bishop of the diocese and the local priest1 who according to the usage of the church were vested with control1 had authority and power to restrain a holder of a lot from interring the body of his son who was not in communion with the church at the time of his death1 and who committed suicide47#hjb7 99#def499 ,negroes1 ,indians4--,the fact that a man is a negro1 ,indian1 or other racial human being1 is not good ground to prevent his burial in a cemetery47#hjc7 99#deg499 ,will1 ,body1 ,custody4--,where no disposition of a body has been made by will1 the surviving husband1 or wife1 or next of kin1 has the right to the body for the purpose of burial4 ,but the right of the surviving wife or husband1 if they were living together at the time of the death of deceased1 is paramount to that of the next of kin47#hjd7 ,a right to the custody of the body of a deceased relative and to decide upon the final place of burial where the deceased is unmarried1 is in his next of kin1 and this right will be protected by the courts47#hje7 99#deh499 ,non-,residence1 ,burial4--,non-residence does not divest a person of the right to burial with his relatives47#hjf7 99#dei499 ,state1 ,vacate1 ,equity1 ,rule4--,the ,state may require the removal of the bodies and vacate a cemetery without compensation to lot owners in some extraordinary cases of eminent domain or as a health measure47#hjg7 ,courts of equity exercise some discretion in cases that do not fall within this rule47#hjh7 ,but the superintendent of a cemetery has no right to remove a child without the consent of the father who owns the lot47#hji7 99#dfj499 ,consent1 ,bishop1 ,removal4--,with the consent of deceased's husband before the funeral1 the father of deceased paid for the lot in which his daughter wished to be buried with her parents4 ,her mother being dissatisfied with the location1 the lot was subsequently exchanged for another in the same cemetery2 but after preliminary arrangements had been made1 the son-in-law applied to a court of equity for a writ restraining the father and the bishop from removing the body4 ,the bishop answered that he was willing to conform to any order of the court4 ,the court held that by acceding to his wife's request and allowing her father to bury her in the first instance1 and by standing mute while the arrangements for the removal of the body were being made1 the husband had no right thereafter to prevent the removal of his wife's body47#haj7 99#dfa499 ,court1 ,remove1 ,consent4--,in a proper case a court may grant a decree to remove the body of a relative from one cemetery to another47#haa7 ,otherwise no one has the right to exhume or remove a body without the consent of those having charge of the cemetery and of those having the right of burial1 as consort or the next of kin4 ,in some ,states the offense is a felony47#hab7 ,in ,nebraska1 at least1 those who have the legal right to bury a relative may remove his body from one ,catholic cemetery to another without the consent of the bishop47#hac7 99#dfb499 ,crime1 ,fraud1 ,exhume1 ,autopsy4--,in an action on an insurance policy where there is evidence of fraud1 as death by poison1 a court may order a body exhumed for examination1 although the person having the right to control the burial of the body is not a party to the suit47#had7 ,public officials have the right to disinter a body to ascertain whether a crime has been committed47#hae7 ,but without a coroner's inquest or consent of the surviving consort or next of kin1 a doctor has no right to perform an autopsy47#haf7 99#dfc499 ,tort1 ,corpse4--,the general rule is that an action of tort may be maintained by the widow or next of kin for the mutilation of a corpse or even for negligently exposing it to the elements47#hag7 ,in a few cases the right has been denied47#hah7 99#dfd499 ,custodian1 ,burial1 ,mutilation4--,in the absence of a widow1 a son is the lawful custodian of the body of his deceased father for preservation1 representation1 and burial1 and may maintain an action for unlawful mutilation thereof4 ,the sense of outrage and mental suffering resulting directly from the wilful mutilation of the body of a parent1 is a proper independent element of compensatory damages47#hai7 99#dfe499 ,property in a ,corpse1 ,mummy1 ,executors4--,the question of property in a corpse has been generally denied4 ,however1 in case of a mummy which has become an object of curiosity1 the case may be different4 ,where a testator ordered his body burned and the executor presented a bill for #cba for doing so1 the court disallowed it on the ground that when a man is dead his next of kin or executors have the right to dispose of his body2 but that as it is not property1 a man has no right to bequeath it for a particular purpose47#hbj7 ,also1 where a man was in jail and died during his imprisonment and the jailer refused to give up the body until the debt was paid1 the court held that there was no property in the corpse1 and therefore there could be no lien upon it and he must surrender it47#hba7 99#dff499 ,rights1 ,duties1 ,body1 ,will4--,while there is no property in a dead body so that it may be sold1 there are rights and duties out of which may arise tort and criminal actions4 ,the question of the right of a man to dispose of his body by will is not well settled in this country47#hbb7 ,there are many cases that hold that a person has the right to make a binding testamentary disposition of his own body after death47#hbc7 ,but on the contrary it has been held that one can not by his will confer any right as to the disposition of his body47#hbd7 99#dfg499 ,monument1 ,fence4--,giving the right to bury in one's cemetery lot carries with it the right to erect a monument2 but it does not carry with it the right to fence the cemetery lot or interfere with other graves therein4 ,therefore1 the monument must be of such size and so located and erected as not to interfere with the rights of others47#hbe7 99#dfh499 ,tombstone1 ,mother-in-,law4--,a husband has the right to remove a tombstone that his mother-in-law put over his wife's grave1 and put up one of his own choice instead47#hbf7 ,the general rule is that vaults and tombstones are personal property and may be removed 8in good faith and with care and decency0 by the next of kin47#hbg7 99#dfi499 ,trees1 ,authority4--,it is a criminal offense to cut trees in a cemetery without right or authority47#hbh7 99#dgj499 ,charitable1 ,institution1 ,negligence4--,a ,catholic cemetery without capital stock or shares and paying no profits nor dividends1 does not come under the head of a charitable institution so as to relieve it from liability for negligence47#hbi7 99#dga499 ,equity1 ,repair1 ,injuries4--,a cemetery association may by bill in equity be forced to keep walks and drives in good repair and consequently is liable for injuries resulting from its negligence47#hcj7 ,,chapter ,,xxxiv4 ,,miscellaneous 99#dgb499 ,societies1 ,law4--,religious societies organized in connection with a church or congregation are in law civil societies and not ecclesiastical corporations1 and are governed by the law of the land4 ,therefore1 the law of fraternities fully covers all questions that arise in such societies4 ,the subject is too comprehensive to be treated at any length here47#hca7 99#dgc499 ,society1 ,bishop4--,a society may expel a member on due notice and a fair trial4 ,the refusal of the bishop to recognize a fraternity organized as a ,roman ,catholic society1 does not prevent the society and its officers from exercising the powers of a religious corporation conferred by law nor prohibit its members from maintaining their religious worship47#hcb7 99#dgd499 ,priest1 ,doorkeeper1 ,policemen1 ,arrest4--,a priest who was in charge of a parish and had control of the temporalities consisting of pew-rents1 ,sunday and other collections1 graveyard1 church1 school1 fees1 and donations1 on account of disorderly behavior of members issued tickets to those to be admitted and ordered a doorkeeper to prevent others from entering the church4 ,a woman without a ticket and talking loudly1 endeavored to force her way into the church1 although there were several policemen on duty who attempted to stop her4 ,she was arrested and her husband brought suit for false imprisonment4 ,the court held that a clergyman has a right to keep disturbers out of the church and that the doorkeepers have a right to use sufficient force to carry out the orders of the priest2 but when a doorkeeper went beyond those orders by causing the arrest of the woman1 he was not acting within the apparent scope of his employment and the priest was not liable47#hcc7 99#dge499 ,saloon1 ,church1 ,license4--,a man owned premises that had been occupied as a saloon from #ahid4 ,in #ahif the ,new ,york law prohibiting saloons to be licensed within #bjj feet of a church1 except places where liquor traffic had been carried on prior to that time1 was passed4 ,in #ahih a church was built within #bjj feet of the saloon in question4 ,after the building of the church1 the saloon was vacated for about ten days during a change of saloonkeepers1 and an action was brought to revoke the license of the new saloonkeeper4 ,the court held that the incidental interruption of the business did not bring the place within the prohibition of the law1 and that the license could not be revoked47#hcd7 99#dgf499 ,y4 ,m4 ,c4 ,a4--,the ,y4 ,m4 ,c4 ,a4 on account of giving lunches1 lectures1 and having a gymnasium1 for which charges are made1 is not a charitable institution so as to be exempt from liability in case of negligence4 ,property is exempt only when used for exempt purposes exclusively47#hce7 99#dgg499 ,students1 ,vote1 ,residence4--,students at a seminary studying for the priesthood do not thereby lose their residence at their homes and are not entitled to vote where a college is located4 ,the fact that they intend to remain for four years1 become clergymen1 and then go to wherever they may be called1 does not give them the right of residence1 and there is no distinction between them and any other students away from home at school47#hcf7 ,however1 a student of full age might become a voter in the college precinct if he has no other fixed domicile47#hcg7 99#dgh499 8,my ,wife1 ,anna ,jones10 ,divorce1 ,insurance4--,a bequest or devise to 8my wife1 ,anna ,jones10 is not changed by a divorce without some evidence to prove that the testator did not intend his divorced wife to share in his estate1 unless the judgment of divorce made a division of the property4 ,the same is true of a policy of insurance or benefit certificate4 ,however1 there are exceptions that weaken the rule and make its application in some ,states uncertain47#hch7 99#dgi499 ,bells1 ,sick1 ,injunction4--,on the complaint of an injured person1 a court will issue an injunction restraining the ringing of church1 convent1 or other bells1 at unusual hours or when their noise is injurious to the sick1 or when their vibration affects other premises4 ,as the law of nuisances applies in such cases1 an exact statement of when the court should issue the injunction or whether the injunction should be temporary or perpetual1 can not be given2 but when the personal or property rights of others are affected1 an injunction may be granted4 ,the fact that the bells are chimes or part of a clock does not change the rule47#hci7 99#dhj499 ,marriage1 ,impediments1 ,recording4--,legal marriage may be contracted only between unmarried persons not related within the prohibited degrees of consanguinity or affinity1 of lawful age and sufficient mental and physical capacity4 ,statutes vary greatly4 ,in some ,states affinity is not considered a legal objection and first cousins may marry2 in others1 both are prohibited and other limitations of relationship1 race1 and color are fixed1 and registration of the clergymen and licenses to wed are required4 ,also1 the clergyman must report the marriage promptly to the proper office4 ,fines1 penalties1 and imprisonment are usually provided for violating the law4 ,informal marriages may or may not be voidable or void47#hdj7 99#dha499 ,charivari1 ,wedding ,pranks4--,charivari1 assaults1 and disorderly conduct are unlawful at all times1 and can not be justified by custom47#hda7 ,a newly wedded man who was serenaded 7charivaried7 by his neighbors by firing guns1 blowing horns1 beating pans1 rattling horse-fiddles1 etc41 after ordering the rioters off fired into the crowd and wounded one of them4 ,on trial for assault with intent to kill1 the groom was acquitted4 ,shooting might not be justifiable in cases where less potent agencies1 such as a horsewhip or dogs1 are sufficient1 or where the immediate protection of person or property does not call for it4 ,the law should be invoked when no exigency for force exists47#hdb7 99#dhb499 ,infallibility of ,courts4--,when a question of law at issue in a case is duly presented to a supreme court which is the court of last resort1 its decision thereon becomes 8the law of the case0 and is thereafter binding upon the court itself and all the courts inferior to it2 and no matter how often that identical case may come before the court on subsequent appeals1 the questions already decided therein will not be reconsidered4 ,it is interesting to compare this principle of our courts with ,papal infallibility47#hdc7 ,courts do not always adhere to the rule47#hdd7 99#dhc499 ,money ,stolen1 ,bailed or ,loaned1 ,insolvency1 ,gifts4--,property stolen by ,a4 or left with him as bailee to be returned in specie1 can not be given away by him for charity4 ,also1 when a man is insolvent he has no right to give away any of his property47#hde7 ,that has been the rule of law since ,coke laid down the maxim3 8,a man must be just before he is generous40 ,one is insolvent when his debts exceed the value of his unexempt property47#hdf7 ,when an insolvent debtor makes a gift1 a creditor may sue and recover from the donee2 or in a proper case the creditor may force the debtor into bankruptcy to recover the gift47#hdg7 ,the want of knowledge or good faith of the donee is immaterial and no defense to an action to recover the property47#hdh7 ,,index ,the ,references ,are ,to ,the ,sections4 ,a ,abandoned cemetery1 #ddi2 property reverts1 #bie4 ,accepting a draft1 officer1 #afb4 ,access to cemetery1 right of1 #ddb4 ,account1 officers must1 #big4 ,action in church tribunal1 #hf2 for expulsion1 #acg2 unincorporated party1 #bag2 slander by deceased1 #chb4 ,acts of majority1 when void1 #agg4 ,adjournment1 #aha4 ,adoption of children1 #cfg4 ,adoration1 #bi4 ,adverse possession1 cemetery1 #ddf2 church property1 #beg4 ,aid from ,government1 #df4 ,agent1 priest of bishop1 #bgj4 ,alabama1 bequest for ,masses1 #caf4 ,ambiguity1 proof clearing1 #cbf4 ,ambiguous provision1 proof1 #bgb4 ,america1 civil and common law1 #ag4 ,anonymous letter not privileged1 #bbd4 ,answer of priest as witness1 #bbb4 ,appeal1 church tribunal1 #hf2 right of1 #bjf4 ,application1 for cemetery1 #dbg4 ,appointed officers1 #aba4 ,appropriation for hospital1 #dd2 can not be from taxes1 #cce2 indirect1 #cce1 #df1 #bh1 #cge4 ,argument when privileged1 #chg1 #chf4 ,arrears1 pew rent1 membership1 #bej4 ,arrest1 authority1 damages1 #dgd4 ,assault and battery1 #chg4 ,assessment1 of pews1 #bdc2 of cemetery void1 #bic4 ,assistance to enforce order1 #cef4 ,association1 discipline1 bishop1 #ded4 ,attainder1 not lawful1 #cf4 ,attendance1 test of membership1 #add4 ,authority in ancient nations1 #c2 inferior must obey1 #he1 #ic2 use of force by priest1 #ajj2 court may decide contested1 #aab2 of priest as to cemetery1 #bha2 of sexton in church1 #cad2 of teacher outside of school1 #cee2 to cut trees in cemetery1 #dfi4 ,autopsy1 authority to make1 #dfb4 ,b ,bankruptcy1 church1 #cjb4 ,bailee1 gift of1 #dhc2 donor1 #dhc4 ,ballot1 when required1 #adi4 ,baptism1 how to record1 #aia4 ,bells1 ringing a nuisance1 #dgi4 ,benefit1 work for1 on ,sunday1 #dji4 8,benefit of the ,clergy10 #aj4 ,bequest1 legatees1 religion1 #acf1 #cbj2 purpose of enforceable1 #bhd2 laws of state control1 #cjf2 consent of heirs to change1 #cac2 mistake may not defeat1 #cag4 ,birth1 how record kept1 #aia4 ,bible in schools1 #bi1 #di1 #bah1 #cdg1 #cdh2 constitution of sect1 #abg2 constitutional rights1 #cej2 ,indian schools1 #cge4 ,bigamy1 unconstitutional1 #ch2 charge of1 slander1 #chd4 ,bishop1 superior authority1 #ha1 #hc2 subject to ,pope1 #hb2 discipline of priest1 #ii2 church debts1 #afi1 #bfa2 removal of priest1 #aii2 deed of church land1 #bhg2 control over cemetery1 #ded2 removal of bodies1 #dfj2 societies1 control of1 #dgc4 ,bishop's residence1 taxes1 #cca4 ,blasphemy1 a crime1 #dje1 #bah4 ,blessed ,virgin1 #djf4 ,board acts as body only1 #cfj2 authority outside of school1 #cee4 ,bodies1 change of cemeteries1 #dej2 custody of deed1 #deg2 disposing by will1 #dff2 property in1 #dfe4 ,bologna1 law school of1 #ad4 ,burned church1 land title1 #bid4 ,building1 liability of members1 #ef2 subscriptions for1 #bge2 committee1 liability1 #agj2 contracts1 liability1 #bcc4 ,burial1 right of1 #aac2 regulations1 #dbi1 #dde2 non-resident1 #deh2 right to control1 #dfd4 ,burying dogs in cemetery1 #deb4 ,business1 religion1 #aaj2 notice of meeting1 #agf2 law will enforce1 #bcj2 ,sunday1 #djh2 or property1 libel of1 #cid4 ,by-laws of sects and church1 #bb2 govern elections1 #adh1 #aeb2 subject to state law1 #aec2 control officers1 #aec1 #aei2 amending1 #beb2 of cemetery association1 #dde4 ,c ,california missions1 #bfh4 ,canon ,law1 analysis1 #f4 ,canons of the church1 title1 #bhj4 ,casting vote1 chairman1 #ahf4 ,catholic ,church1 corporation1 #eh2 control of pews in1 #bci2 free pews1 reformation1 #bcg2 discipline1 suits1 #bjh4 ,cemetery1 authority over1 #bha2 assessment for taxes1 #bic2 ,indian1 #cgb4 ,certificate1 cemetery lot1 #dch2 conditions of1 #ded2 of election1 effect of1 #aeg4 ,certified copies as evidence1 #aib4 ,challenge of voter1 #adg2 waiver of1 #ahf4 8,chances10 8fairs10 unlawful1 #dbj4 ,change of use of land1 #ec2 of church government1 #fg2 name of church1 #fi2 doctrine1 membership1 #bhi2 burial place1 #dej4 ,charge for services1 #aff4 ,charges against member1 #bjb1 #chi4 ,charitable institutions1 #ccc1 #cch2 liability1 #dgj2 trust1 trustee1 #cbe4 ,charity1 definition of1 #cbh1 #dji2 ,elks1 ,masons1 #ccc2 of debtor1 #dhc4 ,charivari1 unlawful1 #dha4 ,charter limits corporation1 #aec2 by-laws under1 #beb2 real estate1 #cci2 of cemetery1 #dbh4 ,chastisement1 by teacher1 #ced4 ,child1 rights1 duties1 #cfa1 #cgj2 expelling from school1 #ceb2 religion of1 #cfe2 out of school1 #ceb1 #cee4 8,christian ,healer10 consent to #dag4 8,christian ,scientist10 manslaughter1 #db4 ,christians1 who1 are1 #bd4 ,church1 definition1 #bj1 #bc1 #bd1 #cih2 secession1 heresy1 #gj1 #abf2 debts of1 bishop1 #afi2 removal of1 authority1 #bge2 buildings1 use of1 #bgf2 majority control1 #bhi2 ,indian churches1 #cgb2 personal property1 when1 #bii2 and state1 #ae2 records1 evidence1 #aia2 births1 baptisms1 #aia2 when libelous1 #cha2 tribunals1 authority1 #baf4 8,church of ,latter ,day ,saints10 #ci4 ,citizens1 clergy as1 #ib2 ,indians1 states1 #cga4 ,civil rights1 procedure1 #bjg2 state protects1 #baj2 law1 ,florida1 ,louisiana1 #ag4 ,clerk of church board1 authority1 #agg4 ,clergy1 bishop may change1 #hc2 exemptions of1 #ajc2 salaries1 #ajf4 ,clergyman1 definition1 #ca2 duties and rights1 #ib2 privileged evidence1 #bbd2 undue influence1 #cah2 disciplinary rights1 #chf4 ,closing church1 #bac4 ,color of title1 possession1 #beg4 ,collateral attack1 #cjg4 ,commissioner of ,indian schools1 #cge4 ,common law and the church1 #ab2 crimes under1 #dja4 ,communicants1 membership1 #add4 ,competent witness1 #bbj4 ,complaint1 allegations1 #bae4 ,conditions1 #dcf4 ,confessions1 privacy1 #ajj2 not evidence1 #bba1 #bbf2 non-sacramental1 #bbc1 #bbd1 #bbe2 witness1 privilege1 #bbb4 ,confidential communications1 libel1 #cgg4 ,congregation1 authority in1 #fe2 insubordinate1 #ij4 ,conscience1 ,bible1 law1 #cej4 ,consent1 to hold meeting1 #agi2 to sell or mortgage1 #bfd2 daughter becoming nun1 #cff2 to 8,christian ,healer10 #dag2 to location of cemetery1 #dbg2 bishop's to remove body1 #dfj2 court may1 #dfa4 ,consideration1 good1 #bcd1 #bcf4 ,constantine1 ,christians1 #i4 ,constitution of a church1 #ba1 #ha1 #hh2 of ,u4 ,s4 and ,church1 #de1 #fh1 #abg2 members1 ,bible1 #abg1 #cej1 #ceh4 ,consolidation of churches1 #gc4 ,contests1 how settled1 #aeh2 suit for bequest1 #cai2 to hold meeting1 #agi4 ,contracts1 with churches1 #df1 #cce1 #cde2 binding members1 #ei2 ,state courts enforce1 #bib2 ,sunday1 #daj4 ,contributions to deposed priest1 #ajd2 right to enjoy1 #caj4 ,control of business of church1 #gb2 vests in corporation1 #gc2 doctrine and discipline1 #abb2 under state law1 #aee2 board of trustees1 #afa1 #bgi2 societies' collections1 #bgd2 cemetery1 joint lot1 #dea4 ,controversy1 submission of1 #ig4 ,convent1 consent of parents1 #cff4 ,conditions1 what are binding1 #ge2 pews1 lease1 sale1 #bdb2 bequests1 deeds1 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,w41 #gic4 #cjb ,trustees v4 ,halverson1 #db ,minn41 #ejc2 #dd ,n4 ,w41 #ffc4 #cjc ,skinner v4 ,richardson1 #gf ,wis41 #dfd2 #de ,n4 ,w41 #cah2 ,dennison v4 ,auston1 #ae ,wis41 #ccd4 #cjd ,vestry v4 ,barksdale1 #a ,strobb4 ,s4 ,c4 ,eq41 #aig4 #cje ,state v4 ,ahnapee1 #ii ,wis41 #cbb2 #gd ,n4 ,w41 #ghc4 #cjf ,bowldin v4 ,alexander1 #hb ,u4 ,s41 #aca2 #ba ,l4 ,ed41 #fi2 ,the ,catholic ,cyclopedia1 vol4 iii1 #gee1 #gef4 #cjg ,leahy v4 ,williams1 #ada ,mass41 #cde2 #f ,n4 ,e41 #gh4 #cjh ,people v4 ,runkel1 #h ,johnson1 ,n4 ,y41 #dfd4 #cji ,leahy v4 ,williams1 #ada ,mass41 #cde4 #caj ,rose v4 ,vertin1 #df ,mich41 #deg2 #i ,n4 ,w41 #dia2 ,tuigg v4 ,sheehan1 #aja ,pa41 #cfc4 #caa ,freeport v4 ,egan1 #adf ,pa41 #ajf2 #bc ,at41 #cij4 #cab ,scott v4 ,thompson1 #ba ,ia41 #eii4 #cac ,emonds v4 ,termehr1 #fj ,ia41 #ib2 #ad ,n4 ,w41 #aig4 #cad ,wojcienchowski v4 ,johnknowski1 #af ,pa4 ,sup4 ,ct41 #ddd4 #cae ,chiniqui v4 ,delaire1 #cg ,ill41 #bcg4 #caf ,st4 ,patrick's v4 ,abst41 #gf ,ill41 #beb4 #cag ,first v4 ,prior1 #bc ,hun41 #bga4 #cah ,den4 v4 ,pilling1 #bd ,n4 ,j4 ,l41 #fec2 ,rules of ,order1 ,scanlan1 #ae-ah4 #cai ,german v4 ,pressler1 #ag ,la4 ,ann41 #abg4 #cbj ,appeal of ,mc,auley1 #gg ,pa41 #cig4 #cba ,bethany v4 ,sperry1 #aj ,conn41 #bjj4 #cbb ,weber v4 ,zimmermann1 #bb ,md41 #aef4 #cbc ,downs v4 ,bowdoin1 #adi ,mass41 #ace2 #ba ,n4 ,e41 #bid4 #cbd ,smith v4 ,erb41 #d ,gill41 ,md41 #dcg4 #cbe ,helbig v4 ,rosenberg1 #hf ,ia41 #aei2 #ec ,n4 ,w41 #aaa4 #cbf ,dahl v4 ,palache1 #fh ,cal41 #bdh4 #cbg ,people v4 ,runkel1 #i ,johnson1 #adg4 #cbh ,first v4 ,hillary1 #ea ,cal41 #aee4 #cbi ,tuttle v4 ,cary1 #g ,me41 #dbf4 #ccj ,state v4 ,steward1 #f ,houst41 ,del41 #i4 #cca ,jones v4 ,cary1 #f ,me41 #ddh2 ,rules of ,order1 ,scanlan1 #bi-cj4 #ccb ,state v4 ,steward1 #f ,houst41 ,del41 #cei4 #ccc ,juker v4 ,commonwealth1 #bj ,pa41 #dhd2 ,mc,ilvain v4 ,christ's ,church1 #h ,phil41 #ejg4 #ccd ,livingston v4 ,trinity ,church1 #de ,n4 ,j4 ,l41 #bcj4 #cce ,people v4 ,tuthill1 #ca ,n4 ,y41 #eej4 #ccf ,madison v4 ,baptist1 #df ,n4 ,y41 #aca4 #ccg ,moore v4 ,st4 ,thomas' ,church1 #d ,abb41 ,n4 ,y41 #ea4 #cch ,commonwealth v4 ,woelper1 #c ,ser4 ,r41 #bi4 #cci ,wardens v4 ,pope1 #gd ,mass41 #adj4 #cdj ,oakes v4 ,hill1 #f ,weekly ,notes1 ,cas41 #cdf4 #cda ,hartt v4 ,harvey1 #cb ,barb41 #ee4 #cdb ,weckerly v4 ,geyer1 #aa ,ser4 ,r41 #ce4 #cdc ,people v4 ,church1 #dh ,barb41 #fjc4 #cdd ,allen v4 ,gray1 #aa ,conn41 #ie4 #cde ,arthur v4 ,norfield1 #di ,at41 #bda2 #gc ,conn41 #gah4 #cdf ,pepin v4 ,societies1 #bc ,r4 ,i41 #ha2 #fj ,l4 ,r4 ,a41 #fbf4 #cdg ,lahiff v4 ,st4 ,joseph's ,t4 ,a4 ,b4 ,s41 #gf ,conn41 #fdh2 #fe ,l4 ,r4 ,a41 #ib4 #cdh #aj ,cyc1 #ajfg4 #cdi #ag ,cyc1 #dje2 #b ,jones on ,ev41 secs4 #ebb1 #ebc2 ,conflict of ,l41 ,wharton1 vol4 ii1 sec4 #gfa1 pp4 #adif-h2 ,collins v4 ,german1 ,am4 ,m4 ,i4 ,ass41 #aab ,mo4 ,app41 #bji2 #hf ,s4 ,w41 #hia2 ,layton v4 ,kraft1 #ih ,n4 ,y41 #iif4 #cej ,collins v4 ,german1 #aab ,mo4 ,app41 #bji2 ,sandberg v4 ,the ,state1 #aac ,wis41 #egh2 #hi ,n4 ,w41 #ejd4 #cea ,sawyer v4 ,baldwin1 #aa ,pickering1 #dib4 #ceb ,finher v4 ,hanegen1 #ei ,ark41 #aea2 #bd ,l4 ,r4 ,a41 #edc4 #cec ,mt4 ,zion v4 ,whitmore1 #hc ,ia41 #ach2 #di ,n4 ,w41 #hdf2 #ac ,l4 ,r4 ,a41 #aih4 #ced ,bonacum v4 ,murphy1 #fe ,neb41 #hca2 #ih ,n4 ,w41 #ajcj2 #ga ,neb41 #dfc2 #ajb ,n4 ,w41 #bfg2 #ajd ib41 #ahj2 ,nance v4 ,busby1 #ia ,tenn41 #cjc2 #ah ,s4 ,w41 #hgd2 #ae ,l4 ,r4 ,a41 #hja4 #cee ,bonacum v4 ,harrington1 #fe ,neb41 #hca2 #ia ,n4 ,w41 #hhf4 #cef ,tubbs v4 ,lynch1 #d ,harr41 ,del41 #eba4 #ceg ,sterns v4 ,bedford1 #ba ,pickering1 #aad4 #ceh ,o',donovan v4 ,chatard1 #ig ,ind41 #dba4 #cei ,baxter v4 ,mc,donald1 #aee ,n4 ,y41 #hc2 #di ,n4 ,e41 #ffg4 #cfj ,gibbs v4 ,gilead1 #ch ,conn41 #aec4 #cfa ,stack v4 ,o',hara1 #ih ,pa41 #bac4 #cfb #bi ,cyc1 #bjd1 and 8,religious ,societies02 ,am4 ,eng4 ,cyc4 of ,l41 8,religious ,societies0 and 8,beneficial ,societies02 #b ,benefit ,societies ,l4 ,insurance1 ,bacon1 secs4 #djj;a and #dej;a4 #cfc ,farnsworth v4 ,storrs1 #ei ,mass41 #dab4 #cfd ,hatfield v4 ,delong1 #bd ,ind4 ,app41 #cdc2 #ea ,l4 ,r4 ,a41 #gea2 ,ryan v4 ,cudahy1 #aeg ,ill41 #ajh2 #da ,n4 ,e41 #gfj2 #di ,l4 ,r4 ,a41 #cec4 #cfe ,sampsell v4 ,esher1 #bf ,weekly ,law ,bulletin1 ,ohio1 #aef4 #cff ,day v4 ,robinson1 #ab ,n4 ,j4 ,l41 #bjf4 #cfg ,diffendorf v4 ,reformed ,church1 #bj ,johnson1 ,n4 ,y41 #ab4 #cfh ,chase v4 ,cheney1 #eh ,ill41 #eji4 #cfi ,catholic ,dictionary1 ,addis ,arnold1 8,prescription40 #cgj ,legal ,formulary1 ,baart1 #dfb4 #cga ,juker v4 ,commonwealth1 #bj ,pa4 ,st41 #dhd4 #cgb ,beers v4 ,arkansas1 #bj ,how41 ,u4 ,s41 #ebg2 #ae ,l4 ,ed41 #iia4 #cgc ,see 8,benefit of the ,clergy0 and 8,forum ,ecclesiasticum10 in ,the ,catholic ,cyclopedia and in the ,catholic ,dictionary4 #cgd ,kuns v4 ,robinson1 #aed ,ill41 #cid2 #dj ,n4 ,e41 #cdc2 ,brundage v4 ,deardorf1 #ee ,fed41 #hci2 ,watson v4 ,jones1 #hj ,u4 ,s41 #fgi2 #bj ,l4 ,ed41 #fff2 ,bird v4 ,st4 ,mark's1 #fb ,ia41 #efg2 #ag ,n4 ,w41 #gdg2 ,perry v4 ,wheeler1 #ge ,ky41 #eda2 ,powers v4 ,bundy1 #de ,neb41 #bjh2 #fc ,n4 ,w41 #dgf2 ,connit v4 ,reformed1 #ed ,n4 ,y41 #eea2 ,harrison v4 ,hoyle1 #bd ,ohio ,st41 #bed2 ,krecker v4 ,shirey1 #afc ,pa41 #ecd2 #cj ,at41 #edj4 #cge ,watson v4 ,jones1 #hj ,u4 ,s41 #fgi2 #bj ,l4 ,ed41 #fff4 #cgf ,prickett v4 ,wells1 #aag ,mo41 #ejb2 #bd ,s4 ,w41 #eb2 ,pounder v4 ,ash1 #cf ,neb41 #efd2 #ed ,n4 ,w41 #hdg4 #cgg ,atty-,gen4 v4 ,fed41 #fi ,mass41 #a4 #cgh ,mt4 ,helen v4 ,jones1 #gi ,miss41 #dhh2 #cj ,so41 #gad4 #cgi ,prickett v4 ,wells1 #aag ,mo41 #ejb2 #bd ,s4 ,w41 #eb4 #chj ,ferraria v4 ,vasconcellos1 #ca ,ill41 #be4 #cha ,garten v4 ,penick1 #fh ,ky41 #aaj4 #chb ,brunnenmeyer v4 ,buhre1 #ca ,ill41 #ahc4 #chc ,lawson v4 ,kolbenson1 #fa ,ill41 #dje4 #chd ,robertson v4 ,bullions1 #aa ,n4 ,y41 #bdc4 #che ,papalion v4 ,manusos1 #aac ,ill4 ,app41 #caf4 #chf ,avery v4 ,baker1 #bg ,neb41 #chh2 #dc ,n4 ,w41 #agd4 #chg ,trustees v4 ,trustees1 #d ,n4 ,j4 ,eq41 #gg4 #chh ,nash v4 ,sutton1 #aag ,n4 ,c41 #bca2 #bc ,s4 ,e41 #agh2 ,wiswell v4 ,first1 #ad ,ohio ,st41 #ca4 #chi ,mannix v4 ,purcell1 #df ,ohio ,st41 #ajb4 #cij ,baker v4 ,ducker1 #gi ,cal41 #cfe2 #ba ,pac41 #gfd4 #cia ,morris v4 ,dart1 #fg ,s4 ,c41 #cch2 #de ,s4 ,e41 #gec2 #ajj ,am4 ,st4 ,rep41 #gcd4 #cib ,phipps v4 ,jones1 #bj ,pa41 #bfj4 #cic ,dolan v4 ,city1 #d ,gill41 #cid4 #cid ,shakers v4 ,watson1 #fh ,fed41 #gcj4 #cie #fa ,cen4 ,l4 ,j41 #di and #ee2 #eg ,c4 ,l4 ,j41 #bja4 #cif ,owens v4 ,frank1 #g ,wyoming1 #deg2 #ec ,pac41 #bhb2 #dg ,cen4 ,l4 ,j41 #bba4 #cig ,evidence1 ,jones1 vol4 iii1 p4 #ggf4 #cih ,gillooley v4 ,state1 #eh ,ind41 #ahb4 #cii ,knight v4 ,lee1 #hj ,ind41 #bja4 #djj ,colbert v4 ,state1 #abe ,wis41 #dbc2 #ajd ,n4 ,w41 #fa4 #dja ,hills v4 ,state1 #fa ,neb41 #ehi2 #he ,n4 ,w41 #hcf4 #djb ,bevins v4 ,kline1 #ba ,ind41 #cg4 #djc ,in re ,thomas1 #ed ,cal41 #eji4 #djd ,rex4 v4 ,hoy1 #b ,f4 ,f41 #d4 #dje ,rex4 v4 ,griffen1 #f ,cox1 ,c4 ,c41 #bai4 #djf ,mutual v4 ,robinson1 #ai ,u4 ,s4 ,app41 #bff2 ,state v4 ,morgan1 #aif ,mo41 #agg2 #ie ,s4 ,w41 #djb4 #djg ,katzer v4 ,city1 #ajd ,wis41 #af2 #gi ,n4 ,w41 #gde2 #hj ,n4 ,w41 #da4 #djh ,vasconcellos v4 ,ferraria1 #bg ,ill41 #bcg4 #dji ,foley v4 ,brocksmit1 #aai ,ia41 #deg2 #ic ,n4 ,w41 #cdd2 #ig ,am4 ,st4 ,r41 #cbd2 #fj ,l4 ,r4 ,a41 #ega2 #ah ,cyc1 #dcg-i4 #daj ,harriman v4 ,first1 #fc ,ga41 #ahf4 #daa ,methodist v4 ,sherman1 #cf ,wis41 #djd4 #dab ,st4 ,patrick's v4 ,daly1 #aaf ,ill41 #gf2 #d ,n4 ,e41 #bda4 #dac ,eager v4 ,inhabitants1 #aj ,mass41 #dcj4 #dad ,barnes v4 ,perrine1 #i ,barb41 ,n4 ,y41 #bjb2 ,sheehy v4 ,blake1 #gg ,wis41 #cid2 #df ,n4 ,w41 #ecg2 #fi ,l4 ,r4 ,a41 #bee2 ,cutler v4 ,thomas1 #be ,vt41 #ac2 ,allen v4 ,m4 ,e4 ,church1 #abg ,ia41 #if2 #ajb ,n4 ,w41 #hjh2 #fi ,l4 ,r4 ,a41 #bee ,note4 #dae #i ,cyc1 #cca4 #daf #de ,cent4 ,dig41 #g4 #dag #de ,cent4 ,dig41 #ch4 #dah #de ,cent4 ,dig41 #ad4 #dai #de ,cent4 ,dig41 #a-ed2 ,am4 ,eng4 ,ency4 of ,law1 8,subscriptions40 #dbj ,legal ,maxims1 ,broom1 #gde2 ,hodges v4 ,nalty1 #ajd ,wis41 #dfd2 #hj ,n4 ,w41 #gbf4 #dba ,hodges v4 ,nalty1 #aac ,wis41 #eeg2 #hi ,n4 ,w41 #ece2 ,hodges v4 ,o',brien1 #aac ,wis41 #ig2 #hh ,n4 ,w41 #ija4 #dbb ,barnes v4 ,perine1 #i ,bar41 ,n4 ,y41 #bjb4 #dbc ,macon v4 ,shepard1 #b ,humphrey1 ,tenn41 #cce4 #dbd ,o',hear v4 ,de ,goesbriand1 #cc ,vt41 #eic2 #hj ,am4 ,dec41 #ffb4 #dbe ,bates v4 ,sperrell1 #aj ,mass41 #cbc2 ,hodges v4 ,green1 #bh ,vt41 #ceh2 ,pres4 v4 ,andrus1 #ba ,n4 ,j4 ,l41 #bbe4 #dbf ,church v4 ,wells1 #bd ,pa41 #bdi4 #dbg ,o',hear v4 ,de ,goesbriand1 #cc ,vt41 #eic2 #hj ,am4 ,dec41 #ffb4 #dbh ,proprietors v4 ,roswell1 #ff ,me41 #djj2 ,sohier v4 ,trinity1 #aji ,mass41 #a2 ,aylward v4 ,o',brien1 #afj ,mass41 #aah2 #ce ,n4 ,e41 #cac2 #bb ,l4 ,r4 ,a41 #bjf4 #dbi ,aylward v4 ,o',brien1 #afj ,mass41 #aah2 #ce ,n4 ,e41 #cac2 #bb ,l4 ,r4 ,a41 #bjf2 ,o',hear v4 ,de ,goesbriand1 #cc ,vt41 #eic2 #hj ,am4 ,dec41 #ffb4 #dcj ,smith v4 ,bonhoff1 #b ,mich41 #aae4 #dca ,vorhees v4 ,presbyterian1 #h ,barb41 #ace4 #dcb ,price v4 ,lyon1 #ad ,conn41 #bhj4 #dcc ,baptist v4 ,witherell1 #c ,paige1 ,n4 ,y41 #bif2 #bd ,am4 ,dec41 #bbc4 #dcd ,perrin v4 ,granger1 #cc ,vt41 #aja4 #dce ,french v4 ,old1 #ajf ,mass41 #dgi4 #dcf ,curry v4 ,first1 #b ,pittsburg1 #aje4 #dcg ,succession of ,gambla1 #bc ,la4 ,ann41 #i4 #dch ,first v4 ,braydon1 #ia ,mass41 #bdh4 #dci ,downs v4 ,bowdoin1 #adi ,mass41 #ace2 #ba ,n4 ,e41 #bid4 #ddj ,trustees v4 ,quackenbush1 #aj ,johnson1 #bag4 #dda ,kellogg v4 ,dickenson1 #ah ,vt41 #bff4 #ddb ,jackson v4 ,rounsville1 #e ,metcalf1 ,mass41 #abg4 #ddc ,murray v4 ,cargill1 #cb ,me41 #eag2 ,gay v4 ,baker1 #ag ,mass41 #dce2 ,shaw v4 ,beveridge1 #c ,hill1 ,n4 ,y41 #bf2 ,perrin v4 ,granger1 #cc ,vt41 #aja4 #ddd ,vanhorn v4 ,tailmadge1 #h ,n4 ,j4 ,eq41 #ajh4 #dde ,fassett v4 ,boylston1 #ai ,pickering1 ,mass41 #cfa4 #ddf ,kimball v4 ,rowley1 #bd ,pickering1 ,mass41 #cdg4 #ddg ,aylward v4 ,o',brien1 #afj ,mass41 #aah2 #ce ,n4 ,e41 #cac2 #bb ,l4 ,r4 ,a41 #bjf2 ,van ,houten v4 ,trustees1 #ag ,n4 ,j4 ,eq41 #abf4 #ddh ,howard v4 ,stevens1 #dg ,vt41 #bfb4 #ddi ,stoddard v4 ,vestry1 #b ,gill4 ,j41 ,md41 #bbg4 #dej ,city v4 ,mc,intyre1 #h ,rob41 ,la41 #dfg4 #dea ,sargent v4 ,pierce1 #dc ,mass41 #hj4 #deb ,perrin v4 ,leverett1 #ac ,mass41 #abh4 #dec ,crowley v4 ,miller1 #ai ,n4 ,y4 ,weekly ,dig41 #bfb4 #ded ,sheldon v4 ,vail1 #bh ,hun41 #ced4 #dee ,price v4 ,lyons1 #ad ,conn41 #bhj4 #def ,perrin v4 ,granger1 #cc ,vt41 #aja4 #deg ,commonwealth v4 ,cain1 #e ,srg4 ,r41 ,pa41 #eaj4 #deh ,in re ,bullock1 #f ,dem4 ,sur41 #cce2 ,heiss v4 ,murphy1 #dj ,wis41 #bgf2 ,ruth v4 ,oberbrunner1 #dj ,wis41 #bch4 #dei ,ruth v4 ,oberbrunner1 #dj ,wis41 #bch2 ,goesele v4 ,bimeler1 #ee ,u4 ,s41 #ehi2 #ad ,l4 ,ed41 #eed2 ,van ,houten v4 ,trustees1 #ag ,n4 ,j4 ,eq41 #abf4 #dfj ,winnepesaukee v4 ,gordon1 #fc ,n4 ,h41 #eje2 #c ,at41 #dbf4 #dfa ,bethel v4 ,carmack1 #b ,md41 ,ch41 #adc2 ,tartar v4 ,gibbs1 #bd ,md41 #cbc4 #dfb ,lynch v4 ,pfeiffer1 #aaj ,n4 ,y41 #cc2 #ag ,n4 ,e41 #djb4 #dfc ,enos v4 ,chestnut1 #hh ,ill41 #eij4 #dfd ,walwrath v4 ,camel1 #bh ,mich41 #aaa4 #dfe ,harpending v4 ,reformed1 #da ,u4 ,s41 #dee2 #aj ,l4 ,ed41 #ajbi4 #dff ,inhabitants v4 ,catholics1 #dj ,mass41 #aci2 ,people v4 ,trinity1 #bb ,n4 ,y41 #dd4 #dfg ,lynch v4 ,pfeiffer1 #aaj ,n4 ,y41 #cc2 #ag ,n4 ,e41 #djb2 ,eggleston v4 ,doolittle1 #cc ,conn41 #cif4 #dfh ,tomlin v4 ,blunt1 #ca ,ill4 ,app41 #bcd4 #dfi ,centenary v4 ,parker1 #dc ,n4 ,j4 ,eq41 #cjg2 #ab ,at41 #adb4 #dgj ,levasseur v4 ,martin1 #aa ,la4 ,ann41 #fhd4 #dga ,o',donnell v4 ,holden1 #ba ,weekly ,law ,bulletin1 #bed4 #dgb ,walwrath v4 ,camel1 #bh ,mich41 #aaa4 #dgc ,fitzpatrick v4 ,fitzgerald1 #gi ,mass41 #djj4 #dgd ,hubbard v4 ,german1 #cd ,ia41 #ca4 #dge ,in re ,first1 #ajf ,n4 ,y41 #bea2 #ab ,n4 ,e41 #fbf2 ,wiswell v4 ,first1 #ad ,ohio ,st41 #ca4 #dgf ,scott v4 ,first1 #ej ,mich41 #ebh2 #ae ,n4 ,w41 #hia4 #dgg ,in re ,first1 #ajf ,n4 ,y41 #bea2 #ab ,n4 ,e41 #fbf4 #dgh ,katzer v4 ,city of ,milwaukee1 #ajd ,wis41 #af2 #gi ,n4 ,w41 #gde2 #hj ,n4 ,w41 #da4 #dgi ,beckwith v4 ,st4 ,phillip's ,parish1 #fi ,ga41 #efd4 #dhj ,miller v4 ,chittenden1 #b ,ia41 #cae2 #d ,ia41 #beb2 ,schenectady v4 ,veeder1 #d ,wendell1 ,n4 ,y41 #did4 #dha ,st4 ,patrick's v4 ,daly1 #aaf ,ill41 #gf4 #dhb ,nobilli v4 ,redman1 #f ,cal41 #cbe4 #dhc ,san ,antonio v4 ,odin1 #ae ,tex41 #eci4 #dhd ,blair v4 ,odin1 #c ,tex41 #bhh4 #dhe ,heiss v4 ,vosburg1 #ei ,wis41 #ecb2 #ah ,n4 ,w41 #dfc4 #dhf ,santillan v4 ,moses1 #a ,cal41 #ib4 #dhg ,heiss v4 ,murphy1 #dj ,wis41 #bgf4 #dhh ,robertson v4 ,bullions1 #aa ,n4 ,y41 #bdc4 #dhi ,hennessey v4 ,walsh1 #ee ,n4 ,h41 #eae4 #dij ,pawlet v4 ,clarke1 #ac ,u4 ,s41 #bib2 #c ,l4 ,ed41 #gce4 #dia ,cheever v4 ,pierson1 #cc ,mass41 #bff4 #dib ,amish v4 ,gelhaus1 #ga ,ia41 #agj2 #cb ,n4 ,w41 #cah4 #dic ,cushman v4 ,church1 #afb ,pa41 #bhj2 #bi ,at41 #dgb4 #did ,kulinsky v4 ,dambrowski1 #bi ,wis41 #aji4 #die ,reed v4 ,church1 #f ,pa4 ,co4 ,ct41 #gf4 #dif ,fulbright v4 ,higgenbotham1 #acc ,mo41 #ffh2 #cd ,s4 ,w41 #hge2 ,people v4 ,runkel1 #i ,johnson1 #adg2 ,central v4 ,patterson1 #cj ,n4 ,y4 ,supp41 #bdh2 ,unangst v4 ,shortz1 #e ,horton1 ,pa41 #ejf4 #dig ,bowden v4 ,mac,leod1 #a ,edw41 ,n4 ,y41 #ehh2 ,gable v4 ,miller1 #aj ,paige1 ,n4 ,y41 #fbg2 ,wilson v4 ,johns1 #b ,rich41 ,s4 ,c41 ,eq41 #aib2 ,ferraria v4 ,vasconcellos1 #ca ,ill41 #be4 #dih ,antones v4 ,eslava's heirs1 #i ,port41 #ebg4 #dii ,ferraria v4 ,vasconcellos1 #ca ,ill41 #be2 ,brunnenmeyer v4 ,buhre1 #cb ,ill41 #ahc4 #ejj ,organ v4 ,seaford1 #a ,dev41 ,n4 ,c4 ,eq41 #dec2 ,post #bij1 #cai4 #eja ,gram v4 ,prussia1 #cf ,n4 ,y41 #afa2 ,reformed v4 ,draper1 #ig ,mass41 #cdi4 #ejb ,dochkus v4 ,lithuanian1 #bjf ,pa41 #be2 #ee ,at41 #ggi4 #ejc ,burke v4 ,wall1 #bi ,la4 ,ann41 #ch4 #ejd ,thompson v4 ,west1 #ei ,neb41 #fgg2 #hb ,n4 ,w41 #ac2 #di ,l4 ,r4 ,a41 #ccg4 #eje ,morgan v4 ,leslie1 ,wright1 ,o41 #add4 #ejf ,consistory v4 ,brandow1 #eb ,barb41 ,n4 ,y41 #bbh4 #ejg ,grisson v4 ,hill1 #ag ,ark41 #dhc4 #ejh ,scott v4 ,stipe1 #ab ,ind41 #gd2 ,mills v4 ,davison1 #ed ,n4 ,j4 ,eq41 #fei2 #ce ,at41 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