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diff --git a/35563.txt b/35563.txt new file mode 100644 index 0000000..6413147 --- /dev/null +++ b/35563.txt @@ -0,0 +1,9164 @@ +The Project Gutenberg EBook of The Clergyman's Hand-book of Law by Charles +M. Scanlan + + + +This eBook is for the use of anyone anywhere at no cost and with almost no +restrictions whatsoever. You may copy it, give it away or re-use it under +the terms of the Project Gutenberg License included with this eBook or +online at http://www.gutenberg.org/license + + + +Title: The Clergyman's Hand-book of Law + +Author: Charles M. Scanlan + +Release Date: March 12, 2011 [Ebook #35563] + +Language: English + +Character set encoding: US-ASCII + + +***START OF THE PROJECT GUTENBERG EBOOK THE CLERGYMAN'S HAND-BOOK OF LAW*** + + + + + + The Clergyman's Hand-book of Law + + The Law of Church and Grave + + By + + Charles M. Scanlan, LL.B. + + Author of "Scanlan's Rules of Order," "Law of Fraternities," "Law of + Hotels," etc. + + New York, Cincinnati, Chicago + + Benziger Brothers + + 1909 + + + + + +CONTENTS + + +Imprimatur +Preface +Chapter I. Introduction +Chapter II. What Is A Church? +Chapter III. Constitutional Law +Chapter IV. Statutory Law +Chapter V. Unincorporated Church Societies +Chapter VI. Incorporated Religious Societies +Chapter VII. Superior Authority +Chapter VIII. Inferior Authority +Chapter IX. Membership +Chapter X. Heresy And Secession +Chapter XI. Excommunication +Chapter XII. Elections +Chapter XIII. Officers +Chapter XIV. Meetings +Chapter XV. Church Records +Chapter XVI. Church Tribunals +Chapter XVII. State Courts +Chapter XVIII. Evidence +Chapter XIX. Contracts +Chapter XX. Pews +Chapter XXI. Property +Chapter XXII. Religious Services +Chapter XXIII. Bequests, Devises, And Gifts +Chapter XXIV. Taxation +Chapter XXV. Eleemosynary Institutions +Chapter XXVI. Schools +Chapter XXVII. Parent And Child +Chapter XXVIII. Husband And Wife +Chapter XXIX. Indians +Chapter XXX. Juvenile Courts +Chapter XXXI. Libel And Slander +Chapter XXXII. Crimes +Chapter XXXIII. Cemeteries +Chapter XXXIV. Miscellaneous +Index +Footnotes + + + + + + +IMPRIMATUR + + +_Nihil Obstat._ + +REMY LAFORT, + +_Censor Librorum_. + +_Imprimatur._ + +John M. Farley, + +[cross] _Archbishop of New York_. + +NEW YORK, January 15, 1909. + +COPYRIGHT, 1909, BY BENZIGER BROTHERS. + + + + + +PREFACE + + +The three learned professions, medicine, law, and theology, overlap; and a +man who does not know something of the other two can not be prominent in +his own. 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 +them, and without special training he would not know where to look for the +law. Therefore a law compendium covering those subjects relating to Church +matters must be of great value to a clergyman. + +There is another view of this subject. When she was mistress of the world +the laws of the Roman Empire were for the Roman citizens, particularly the +patricians; the canon law was the law of the Christian people of conquered +countries and the Christian plebeians of Rome. In the United States we +have the same common law for the President and the hod-carrier, for the +multimillionaire and the penniless orphan, for the clergy and the laity. +Consequently, in this practical age a knowledge of the law of the country +with which the clergy come constantly in contact is expedient, if not +necessary. + +The poet says: + + + "What constitutes a state?... + Men, who their duties know, + But know their rights, and knowing, dare maintain." + + +To insure harmony and good order, every Church should obey the laws of the +country; but if any law should impose upon the rights of the Church in any +way, the ruling authorities, the cardinal and bishops, if the wrong is +national, should unite in a petition to the United States Congress, +clearly stating the grievance and asking for its redress.(1) If the +grievance should be within a State, the bishop or bishops of the State +should present the matter to the Legislature of the State. If the +President or the Governor has authority to remedy the matter, go direct to +him. Such was the practice of the wisest of the Popes.(2) 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 be, from the +President downward. This method seems to be more in harmony with the +relations of Church and State in a free government, and more intelligent +than to have a convention of working men, who have little time to make a +study of Church matters, pass resolutions, the passing of which generally +ends the action of a convention. + +In the chapters that follow, the author has refrained from giving a great +multitude of authorities, but has endeavored to give such as are +sufficient to sustain the text. For example, under the first section, and +many others, a list of citations covering several pages might be given. +That would add to the expense of the volume and would not be within its +compass. The book will better fulfil its purpose by clear, brief +statements of the rules of law, and if a reader desires to investigate +further, the citations given will guide his way. + +CHARLES M. SCANLAN. + +MILWAUKEE, JANUARY 23, 1909. + + + + + +CHAPTER I. INTRODUCTION + + +*1.* _Law, Religion._--From the dawn of the science of law it has been +influenced by religion or antagonism to religion. This is very evident in +the ancient laws of Babylonia, Egypt, Phenicia, Israel, India, and +Ireland. It would be impossible to make a study of the law of any of said +countries without gaining a knowledge of its religious system, whether +pagan or otherwise.(3) + +*2.* _Religions._--Ancient nations might be classified into pagan and those +that worshiped the universal God. However, some of the nations at one time +were pagan and at other times had a fair conception of the supernatural. +Also, in Egypt, the class of higher culture and education believed in the +one omnipotent and omniscient Being, but the populace, who could be +controlled more readily by flattering them in their notions and giving +their childish conceptions full sway, worshiped idols.(4) + +*3.* _Authority, Right._--In those nations where the ruling authority had +the proper conception of the Almighty, there was a strong, persistent +growth of law upon the basis of natural right; while in the pagan nations +laws were arbitrary and despotic.(5) + +*4.* _Philosophical Foundations._--The laws of Greece, down to the time of +Plato, were thoroughly pagan. But, following the philosophical foundations +laid by Plato and Aristotle, unintentionally and unwittingly the laws of +Greece became imbued with the spirit of natural law.(6) + +*5.* _Rome, Natural Justice._--Prior to the introduction of Grecian law +into Rome, the laws of that nation were pagan. Grecian law from its +introduction to the time of Octavius was the civilizing element of the +empire. Then it took a turn for the worse, the element of natural justice +being reduced and the element of arbitrary rule becoming dominant.(7) + +*6.* _Canon Law._--We will now turn to the first period of canon law, which +covers the early history of the Church up to the reign of Constantine the +Great.(8) + +Canon law is composed of the following elements: + + + 1. Holy Scriptures; + 2. Ecclesiastical tradition; + 3. Decrees of Councils; + 4. Bulls and rescripts of Popes; + 5. The writings of the Fathers; + 6. Civil law.(9) + + +*7.* _Early Christians._--Owing to the persecutions, the early Christians +were, in a sense, isolated from the State; they held their property in +common, and were governed in matters among themselves by the canon law. +However, for want of freedom of discussion and publication, they were +unable, even within a single nation of the empire, to promulgate a system +of canon law. The foundation of canon law being laid, its development upon +the manumission of the Church was rapid.(10) + +*8.* _Persecutions, Defenses._--During the religious persecutions the +Christians almost had law forced into them by surgical operations. The +necessity for their making defenses in the Roman tribunals induced many of +them to give Roman law a careful study. Also, 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 lawyers, and called into the field +many Christians. Incidently, 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 persecution.(11) + +*9.* _Constantine, Blending the Law._--When Emperor Constantine became a +Christian (325 A.D.), there was a great change, and the members of the bar +and judges were mostly Christians. It then became necessary for students +of law to study the principles of divine right as taught in the Church, +and while the books of the civil law were read by students for the +priesthood, the Scriptures and the works of the Fathers were read by the +students in law, thus blending the law of the two realms to some +extent.(12) + +*10.* _"__Benefit of the Clergy,__"__ Ecclesiastical Court._--As the old +Roman Empire decayed and its power waned, the new one, "The Holy Roman +Empire," gradually implanted itself in southwestern Europe. 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 morals, doctrines, and discipline. Those +courts were established in all Christian countries and had jurisdiction of +all felonies excepting arson, treason, and a few other crimes that from +time to time were put under the special jurisdiction of the state courts. +Whenever a clergyman was arrested for a crime, he pleaded the "benefit of +the clergy," and his case was transferred from the state court to the +ecclesiastical court. Also, when a clergyman was convicted in the state +court of any crime for which the punishment was death, he could plead the +"benefit of the clergy," which was a protection against his execution.(13) + +*11.* _Estates, Guardianship._--Besides the jurisdiction already referred +to, the ecclesiastical court had jurisdiction over the settlement of +estates and the guardianship of children, which varied in different +countries and was very indefinite in some of them.(14) + +*12.* _Middle Ages, Common Law._--During the Middle Ages there was a +constant effort on behalf of the ecclesiastical courts to extend their +jurisdiction, and a counter-effort on behalf of the state courts to assume +jurisdiction of cases under the ecclesiastical law. In England, from the +conquest of William the Conqueror to the Reformation, the extension of the +jurisdiction of the ecclesiastical courts brought the new element of +English common law into the canon law; and much of the canon law, +following the jurisdiction assumed by the state courts, became the common +law of the kingdom of England.(15) + +*13.* _Gratian, Reformation._--The canon law reached its full development +in the twelfth century, when Gratian, the Blackstone of his age, compiled +the system, but it subsequently lost its influence when the Reformation +prevailed.(16) + +*14.* _Bologna._--The great school of jurisprudence, both of canon and +civil law, was located at Bologna, Italy, which reached its zenith in the +thirteenth century. To it students flocked from Western Europe, and from +it were obtained the professors of law in the universities of England and +other countries.(17) + +*15.* _Church and State._--In most of the Christian countries, the Church +and State were united, and many of the judges in the civil courts were +clergymen.(18) + +*16.* _England, Roman Law._--On account of England's being subject to Rome +in its earliest age, and afterward because of its being conquered by +France, the Roman law was pretty thoroughly intermixed with the native +English law in the minor matters of the people, and governed in the more +important ones.(19) + +*17.* _America, English Law, Civil Law._--The portions of America that were +settled by the English, which included the original thirteen colonies, +were under the English law. In Virginia the Episcopal Church, which was +then the church of England, was made the church of state. Canada and that +portion of the United States formerly known as Louisiana were governed by +the civil law of France. Wherever the French government had no authority +or civil officers, the government was directly under the missionaries of +the Church.(20) + +*18.* _Religious Tolerance, Established Church._--The English law and +English ideals prevailing in the original thirteen colonies,(21) 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 republic. Thomas Jefferson and James Madison were probably the +strongest opponents of the scheme, and outside of the great Carroll of +Carrollton, they were the most earnest advocates of religious tolerance. +The necessity for the fathers of this republic to be united, and their +being unable to unite upon any church, caused the idea of an established +church to be eliminated. Thus was established in our republic the freedom +of conscience and the guarantee that no one shall be persecuted on account +of his religious convictions.(22) + +*19.* _Tribunals._--The ecclesiastical courts as a part of the state system +and the "benefit of the clergy," have been abolished in England and +America. However, as we shall see further on, tribunals in the nature of +the ecclesiastical court exist in churches and fraternities of all kinds +in the United States.(23) + + + + + +CHAPTER II. WHAT IS A CHURCH? + + +*20.* _Church, Religious Society._--Bouvier's definition of "Church" is: "A +society of persons who profess the Christian religion." Chief Justice +Shaw's definition is: "The church is neither a corporation nor a +quasi-corporation, but a body of persons associated together for certain +objects under the law. An aggregate body of individuals associated +together in connection with a religious society. The term religious +society may with propriety be applied in a certain sense to a church as +that of religious association, religious union, or the like; yet in the +sense church was and is used in our law, it is synonymous with parish or +precinct and designates an incorporated society created and maintained for +the support and maintenance of public worship. In this, its legal sense, a +church is not a religious society. 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 law."(24) + +*21.* _Doctrine, Constitution._--A church in law is a mere fraternal +organization. It may or may not have a written constitution, but it must +have some central doctrine as its foundation or constitution.(25) Many of +the Protestant denominations claim that the entire Bible is their +constitution. The Jews may be said to consider the Old Testament as their +constitution. All revealed truths may be said to be the constitution of +the Catholic Church,(26) and when a doctrine concerning faith or morals is +authoritatively declared by the Church to be a truth, it becomes a +dogma.(27) The Apostles' Creed is an example of several dogmatic truths. +The code of the Church is the Ten Commandments. A few sects, by a majority +vote, make and change their constitutions at will. + +*22.* _By-Laws._--By-laws of the different religious organizations differ +widely, from the decrees of the great councils of the Catholic Church down +to the vote of the congregation of an independent denomination. + +*23.* _Church, Religious Society._--A church in one sense is more limited +than a religious society; the latter comprehending all the members of the +same faith. Even in the Catholic Church we hear of the Church of France, +the Coptic Church, etc., spoken of in this sense. And in a still more +limited sense we use the word as a synonym for parish. However, when the +word "the" is used before church written with a capital letter, Catholics +understand it to apply to the Roman Catholic Church in its entirety, while +some non-Catholics apply it to Christendom. + +*24.* _Church, Christians, Religion._--The missions established in +California prior to its admission into the Union were, in law, practically +independent organizations and had no legal connection with the Church. +Every society organized for the purpose of propagating the practice of +religion may be a church in law.(28) The courts have made a distinction +between Unitarians, who are considered Christians, and Deists, Theists, +Free Religionists, and other infidels.(29) A sect or denomination without +a given system of faith is not recognized as a religion in law.(30) + +*25.* _Doctrine, Standard._--To ascertain the tenets and doctrines of a +church, resort must be had to history and to prior and contemporary +standard writings of its members on theology.(31) + +*26.* _Ecclesiastical Corporations, Religious, Quasi-public +Corporations._--Ecclesiastical corporations, in the sense in which the word +is used in England, Germany, and France, are unknown to the United States, +their places being supplied by religious societies or corporations +considered as private bodies, in contradistinction to public or +quasi-public corporations, such as towns, villages, cities, counties, and +state. Therefore, the law of private corporations applies to religious +societies and churches. + +*27.* _Sect, Sectarianism._--The Supreme Court of Nevada defines "sect" as +follows: "A religious sect is a body or number of persons united in +tenets, but constituting a distinct organization or party, by holding +sentiments or doctrines different from those of other sects or people. In +the sense intended in the constitution, every sect of that character is +'sectarian' and all members thereof are sectarians."(32) In Pennsylvania +the court adopted the definitions given in the Standard and in Webster's +dictionaries.(33) The Supreme Court of Missouri, citing Webster's and the +Century dictionaries, gave the following additional definition of +sectarianism: "Sectarianism includes adherence to a distinct political +party, as much as to a separate sect."(34) The Presbyterians(35) and the +"Shakers"(36) have been adjudged sects. + +*28.* _Sectarian._--"Sectarian" has received more contradictory +constructions than any other equally simple word in the English language. +In Wisconsin the "King James" Bible was held to be a sectarian book;(37) +but in Kentucky it was held that neither the Douay nor the "King James" +Bible was a sectarian book.(38) The Missouri court extended sectarian so +as to apply to the Republican party.(39) In Illinois an industrial school +for girls in which the Catholic Sisters were employed as teachers, was +held a sectarian institution;(40) while in Wisconsin, the "Wisconsin +Industrial School for Girls," a private corporation organized and +conducted by Protestant ladies, has received appropriations from the State +and has had its reports published at state's expense, as a non-sectarian +institution.(41) In New York the religious garb of the Catholic Sisters +was practically decided to be sectarian;(42) but in Pennsylvania and +Wisconsin it was decided that the dress of the Sisters was not +sectarian.(43) + +*29.* _Worship, Services, Mass._--Any act of adoration, reverence, praise, +thanks, honor, or veneration given to God, is religious worship.(44) 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 sung, were +held to be places of divine worship.(45) But a priest's house where he had +a room fitted up for a chapel, was held to be not a place of worship.(46) +It is very difficult to draw a line--no matter what curves you may give +it--between the Protestant system of worship, which consists of the reading +of the Bible, the singing of hymns, and the reciting of prayers, and such +services in the public schools. Also, there would seem to be no _legal_ +difference between a prayer said or a hymn sung by a Catholic and a +Protestant. As we have no established church in this country, we have no +standard for prayers, hymns, or music.(47) + +More solemn and impressive than her prayers adapted for schools is the +Mass of the Catholic Church, defined thus: "The Mass is the unbloody +sacrifice of the body and blood of Christ."(48) It is defined in 26 Cyc, +940, as follows: "A religious ceremonial or observance of the Catholic +Church;(49) a Catholic ceremonial celebrated by the priest in open church, +where all who choose may be present and participate therein;(50) the +sacrifice in the sacrament of the Eucharist or the consecration and +oblation of the Host."(51) + +*30.* _Parish._--A parish has two meanings. In some States it is a minor +division of public territory; but in States where there is no such +division of territory, the State using instead "county" or "town," a +parish rather applies to the people belonging to a particular church, who +worship at a particular place. It is in the latter sense in which a parish +should be construed in church law.(52) + +_Parishioner._--A parishioner must be defined in harmony with the meaning +of the word "parish."(53) + +*31.* _Clergyman._--A clergyman is a man in holy orders or one who has been +ordained in accordance with the rules of his church or denomination.(54) + +*32.* _Minister._--A minister is one who acts as, or performs some of the +functions of, a clergyman.(55) + +*33.* _Rector or Pastor._--A rector or pastor is a clergyman who has charge +of a parish.(56) + +*34.* _Religion._--Religion is still further distinguished, but not very +satisfactorily defined, for the reason that etymologists have not agreed +upon the derivation of the word. When the matter was brought before our +courts and it became necessary to give a definition, the highest court in +our country gave the following: "The term 'religion' has reference to +one's views of his relations to his Creator, and to the obligations they +impose of reverence for His being and character, and of obedience to His +will. It is often confounded with _cultus_ or form of worship of a +particular sect, but it is distinguishable from the latter."(57) One of +our highest courts held that "religion," as used in the trust provision in +a will for the purchase and distribution of religious books or reading as +they shall be deemed best, means "Christian."(58) But the Supreme Court of +another State held that "religion" is not equivalent to "Christian" +religion, but means the religion of any class of men.(59) Judge Willis +defines "religion" thus: "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 next; a belief in any system of retribution by +an overruling power. It must, I think, include the principle of gratitude +to an active power who can confer blessings."(60) + + + + + +CHAPTER III. CONSTITUTIONAL LAW + + +*35.* _Religious Tests._--The constitution of the United States provides +that "no religious test shall ever be required as a qualification to any +office or public trust under the United States."(61) + +*36.* _Test Oath, Attainder._--No test oath of any kind, whether religious +or otherwise, can be required of a citizen of the United States. Therefore +the test oath of Congress requiring an officer to swear that he never +voluntarily bore arms against the United States, was held +unconstitutional. Exclusion from any vocation on account of past conduct +is punishment and contrary to the constitution on the subject of bills of +attainder.(62) 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 +religion.(63) + +*37.* _Establishment of Religion, Free Exercise._--The first amendment to +the United States constitution provides that "Congress shall make no law +respecting an establishment of religion, or prohibiting the free exercise +thereof." + +*38.* _Sovereignty, States, Bigamy._--The courts have held that this +provision applies to Congress only, and can not be construed to interfere +with the sovereignty of the several States; that the constitutional +guarantee of religious freedom was not intended to prohibit legislation +against polygamy; and that section 5352 of the United States Revised +Statutes against bigamy, is constitutional. Also, that on a trial for +bigamy in Utah, a man who was living in polygamy was not competent to +serve as a juror.(64) + +*39.* _Church of the Latter-Day Saints._--In 1851 the assembly of the +so-called State of Deseret, which subsequently became the territory of +Utah, incorporated "the Church of the Latter-Day Saints." In 1887 Congress +repealed the act of incorporation and abrogated the charter, which the +Supreme Court held was within its plenary powers. 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 +mankind.(65) + +*40.* _Crime, Religion._--The law prohibiting any person who is a +polygamist or bigamist, or who teaches, advises, counsels, or encourages +the same, from holding any office of honor, trust, or profit, is +constitutional; and a crime is none the less so, nor less odious, because +it is sanctioned by what any particular sect may designate as religion. A +state has the right to legislate for the punishment of all acts inimical +to the peace, good order, and morals of society.(66) + +*41.* _Donation, Hostile, Religion._--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 ecclesiastics, missionaries, and +ministers of any sort, should be excluded from holding any station of duty +in the college or even visiting the same. The condition being only +negatively derogatory and hostile to the Christian religion, did not make +the devise for the foundation of the college void.(67) + +*42.* _Christian Scientist._--A law requiring a person to be a physician to +treat the sick, is constitutional; and the defense of a person who has no +license to practise, that he is a Christian Scientist, is not good. Also, +a parent must furnish a doctor for his sick child, notwithstanding that he +believes in prayer cure.(68) + +*43.* _Protestant._--In the early days, under the constitution of the +State, the courts of Massachusetts practically held that the Protestant +religion was the religion of that State.(69) Also, the constitution of New +Hampshire referred to different Christians, and the court in construing +the terms "Roman Catholic" and "Protestant," held that any one who did not +assent to the truth of Christianity as a distinct system of religion, +could not be classed as either. The court stated that Mohammedans, Jews, +pagans, and infidels, are neither "Catholics" nor "Protestants." The term +"Protestant," as used in the constitution of New Hampshire, includes all +Christians who deny the authority of the Pope of Rome. When the children +of Protestant parents renounce that religion, and voluntarily accept +another, they cease to be Protestants.(70) At present under the +constitution of New Hampshire, the legislature may authorize towns or +parishes to provide for the support of Protestant ministers.(71) + +*44.* _Hospitals, Sisters, Appropriation._--In 1864, Providence Hospital, +of Washington, was incorporated by an act of Congress, for general +hospital purposes. In 1897, $30,000 was appropriated for the District of +Columbia to put up two isolation buildings in connection with two +hospitals in that city, to be operated as a part of such hospitals. +Providence Hospital was selected as one, and because it was in charge of +Sisters of the Roman Catholic Church, the right of Congress to make the +appropriation was disputed. Among other things, Judge Peackham says: +"Whether the individuals who compose the corporation under its charter +happen to be all Roman Catholics, or all Methodists, or all Presbyterians, +or Unitarians, or members of any other religious organization, or of no +organization at all, is of not the slightest consequence with reference to +the law of its corporation, nor can the individual beliefs upon religious +matters of the various incorporators be inquired into." The appropriation +was "for 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 hospitals."(72) + +*45.* _Constitution, Rights._--The provisions in the constitution do not in +any way interfere with property rights obtained by a church organization +prior to its adoption.(73) + +*46.* _Aid, Contracts._--Under the constitution of the United States, +Congress cannot make appropriations for nor give aid to any denomination. +Also, similar provisions are in many of the constitutions of the States. +However, many cases arise out of contracts which border upon these various +rules, 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 thereto. Paying rent to a congregation for a +school-room is not an appropriation or aid to a church contrary to the +constitution.(74) + +*47.* _Protestant Teacher, Tax._--Formerly every parish in Massachusetts +was obliged to elect and support a Protestant teacher, and might erect +churches and parsonages. To provide the expenses thereof, a tax might be +assessed upon the polls of the inhabitants.(75) Until 1890 New Hampshire +permitted a tax to be levied in towns for religious purposes. It is still +legal under the New Hampshire constitution to tax the inhabitants for the +purpose of supporting Protestant teachers, but not to support a teacher of +any other denomination.(76) A section of land in every township in Ohio +was set apart for religious societies, in which they all shared +equally.(77) Vermont had a similar provision.(78) + +*48.* _Office, God._--The constitutions of Arkansas, Mississippi, North +Carolina, South Carolina, and Texas, prohibit a man from holding office +who denies the existence of a Supreme Being; and the constitutions of +Delaware, Maryland, Kentucky, and Tennessee, make all clergymen ineligible +to hold a civil office.(79) + +*49.* _Religious Liberty, Bible, Religious Garb, Wages._--The authorities +are not uniform as to what constitutes a violation of religious liberty. +The question of whether the reading of the Bible in the public schools is +a violation of the constitution, is an open one in some States and in +others the courts have passed upon it, some holding that it is a violation +of the constitution,(80) and some holding that it is not.(81) The weight +of authority seems to permit the reading of the "King James" Bible,(82) +and where portions only are read, as in "reading books" prepared for +school work, or where the children are not obliged to be present during +the exercises, the cases seem to be unanimous that it is not a violation +of the constitution.(83) In Pennsylvania the court held that while Sisters +in their religious garb might be teachers in the public schools, they +could not give instruction in the Catholic religion at the schoolhouse +before or after school hours, or at any other time use the school building +for religious purposes. Also, 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 teachers, religious +exercises and instructions could not be given in such leased premises.(84) +In New York it was held not only that Sisters could not wear their +religious garb or pray in school, but that they could not collect wages +for teaching.(85) + + + + + +CHAPTER IV. STATUTORY LAW + + +*50.* _Wisconsin, Mississippi, New York._--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 statutes. In some States there is a limitation upon the real +estate that a church or charitable organization may hold, and in other +States there is no limitation whatever. Wisconsin, perhaps, occupies the +extreme of greatest liberality, by not only allowing full freedom in +everything relating to religion and charity, 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 State. The State of Mississippi probably +stands at the other extreme both in the narrowness of its constitution and +statutory law, 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 society. Neither does it +exempt a clergyman, physician, or lawyer, from examination as a witness +concerning information that he obtained in the performance of his +functions or duties as such. Its judges, however, are more liberal than +its legislators, and I know of no instance in which a clergyman, +physician, or lawyer, as a witness, was sent to jail for contempt of court +for not divulging information obtained in his professional capacity. +Probably New York has the most complete code(86) relating to religious +corporations. + +*51.* _Real Estate, Parish, Diocese, Taxation._--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 organization. In some States there is no special law for +incorporating religious societies; while in most States there are special +provisions therefor. For this reason, 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 State. But generally it +is best that each congregation be incorporated and that its property be +held in the name of the corporation, so that the debts of one corporation +will not embarrass the diocese, and that bequests and gifts made to a +church may be enforced in the courts. The proceedings to incorporate are +fully stated in the statutes of each State. One of the things of the +utmost importance is that any notice to be given must be given strictly as +required by law.(87) Another is to incorporate in the way that avoids +taxation.(88) + +*52.* _Riot, Damages._--Under a statute providing that a person whose +property is destroyed by riot may bring suit against the county for +damages, a corporation for religious purposes, as well as an individual, +has a right of action.(89) + +*53.* _Use, Change, Parsonage, Discipline, Doctrine, Curate._--When a fee +simple is acquired by a religious corporation, without restriction as to +quantity, but limiting the purpose of its use, a subsequent Legislature, +with the consent of the corporation, has power to change or abrogate +altogether the restrictions as to the use of the land.(90) 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 repair, and +invest the proceeds in other property to be held for the same purpose.(91) +A State legislature can not interfere in church discipline and doctrine, +as by legislating what shall constitute a curate in the Catholic +Church.(92) + + + + + +CHAPTER V. UNINCORPORATED CHURCH SOCIETIES + + +*54.* _Partners, Debt, Liability._--Where several go into an undertaking +without first being incorporated they are usually liable as partners, each +one being responsible for the whole debt. In some States the same +liability exists where an attempt has been made to incorporate, but there +was a failure to comply fully with the law.(93) There is some authority +freeing the individual members of a religious society from liability for +the debts of such society,(94) and holding that an agent of such society +could not bind the society in their associated capacity by a promissory +note,(95) but the rule is that the members of an unincorporated society +who actively incur lawful debts or ratify them after their creation are +personally liable. There are exceptions to this rule by statute or +decisions in a few States.(96) Also, the law of personal liability is +settled in England.(97) + +*55.* _Pastor, Salary._--In a late case in Wisconsin where a pastor had a +contract with his congregation as to his salary, 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 congregation.(98) + +*56.* _Building, Materials._--The members of the building committee of an +unincorporated church are liable for materials purchased by them for the +church, notwithstanding that the seller charged the materials in the name +of the church, and that at the time that the purchase was made, he was +told that the money for payment was to be raised by subscription among the +congregation.(99) + +*57.* _Management, Disability._--An unincorporated society is managed by +those who are competent to transact their own business. Therefore, it +would seem that members must be men over twenty-one years of age, and not +under legal disability. The minor sons in a family who have continued +their attendance at the religious services until of full age, are +considered members.(100) + +*58.* _Shakers, Sect, Catholic Church, Trustees, Funds._--Although the sect +called Shakers is not incorporated, yet it has been allowed to take and +hold property for church purposes.(101) In Massachusetts, by statute, a +sect may take and hold property for religious purposes without +incorporation.(102) The Roman Catholic Church is a recognized public +corporation by most nations, including the United States.(103) No +individual member of any such body has any title to the lands it holds, +but the lands are the property of the society in its aggregate +capacity.(104) After property has been acquired, the trustees have no +right to distribute it among the members, as such power could not be +conferred upon them by a majority vote even when approved by an order of +the court. The contributors did not intend their funds to be so disposed +of, and if they failed to attain the use intended, they must be returned +to the donors, and if not called for, would escheat to the state.(105) +Where an unincorporated society has purchased property and taken the title +thereto in the name of one of its members, when it subsequently +incorporates such member may be required to execute a conveyance to the +corporation.(106) + +*59.* _Contract, Binding._--Persons forming a religious society may make a +contract for the support of its minister by a majority vote.(107) When +such unincorporated society by a majority vote enters into a contract or +compromises a suit, it is binding upon the minority.(108) + +*60.* _Court, Trust._--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 society.(109) + +*61.* _Societies, Membership, Forfeiture._--Voluntary religious societies +when not restricted by their charters or articles of association, may make +by-laws declaring what shall constitute membership and what shall operate +as a forfeiture thereof, applicable to existing as well as to future +members. Where money is voted to be raised by an assessment to be made at +a subsequent period, a person who was a member of the religious society at +the time that such vote was passed, but withdraws before the time of +assessment, is not liable to taxation.(110) + + + + + +CHAPTER VI. INCORPORATED RELIGIOUS SOCIETIES + + +*62.* _Special Law, General Laws._--In most of the States there is a +special law under which congregations may be incorporated. New York is a +good example.(111) Where such law does not exist, the congregation may be +incorporated under the general laws. For business reasons each +congregation should be incorporated.(112) + +*63.* _Officers, Discipline, Property._--When a church society incorporates +it becomes a private corporation, and the officers are bound to manage the +property in the most upright and careful manner according to the +discipline of the church.(113) When a parish incorporates, the title to +the parish property vests in the corporation, to which trustees may be +compelled to convey it.(114) + +*64.* _Incorporation, Evidence._--The certificate of incorporation or +charter of a religious society or a certified copy thereof from the public +record, is the proper evidence thereof.(115) Secondary evidence and +evidence _aliunde_ may be competent in some forums.(116) In most States if +incorporation is alleged in the complaint, it need not be proved unless +denied by an affidavit or a verified answer. + +*65.* _Congregation, Members._--The act of incorporation applies only to +the particular congregation petitioning for it and does not extend to +other churches, even though they are a subsequent growth within the same +territory.(117) Incorporation once established is presumed to +continue.(118) When a new religious society is formed and incorporated, +consisting of individuals from existing parishes, the members of the new +society from the time of its incorporation cease to be members of the +respective parishes to which they had belonged.(119) + +*66.* _Temporal Affairs, Management._--A majority of a religious +corporation at a regularly called meeting may, by a vote taken, bind the +minority in all temporal affairs.(120) The character of membership in the +religious corporation may be very different from that of membership in the +church.(121) The fact that a member has been declared out of the church by +an ecclesiastical tribunal, may not affect his rights in the management of +the temporal concerns of the corporation.(122) + +*67.* _Corporators, Change._--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 government, as from the Congregational +Church to an organization in connection with the Presbyterian Church.(123) +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 +organization, but not in violation of them.(124) + +*68.* _Constitution, Subsequent Laws._--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 +character.(125) + +*69.* _Name, Change._--The name of an ecclesiastical corporation is +arbitrary and a change or alteration in its name does not affect its +identity.(126) A charter will not be granted to a church with a name so +like another church in the same State, that one may be taken for the +other.(127) + +*70.* _Church, Regular._--In church organizations those who adhere to the +regular order of the church, legal and general, though a minority, are the +true congregation and constitute the corporation if incorporated.(128) + +*71.* _Notice, Legal._--All the proceedings of a corporation, including +notice, must be in accordance with the constitution and by-laws, and no +business transacted contrary thereto is legal.(129) + +*72.* _Control, Secede, Vested Rights._--The officers of a church +corporation have control of the business management for all civil +purposes, excepting as otherwise provided by the articles of organization, +charter, or by-laws of the corporation. However, the by-laws must not +contravene the laws of the State.(130) A charter was refused in +Pennsylvania which provided that the congregation might, by a majority +vote, dissolve or secede from the central body and divide the +property.(131) A charter of incorporation may be amended in harmony with +the principles, discipline, and objects of the church, but not +otherwise.(132) The fact that incorporation of a church confers certain +rights and privileges under the charter, such charter being accepted, does +not give the church corporation any vested rights.(133) + +*73.* _Consolidation, Control, Dissolution._--So far as the State law is +concerned, two different denominations may form one corporation;(134) or +two or more congregations of the same organization may form one +corporation.(135) Where such consolidation is attempted, the new +organization must have control of all the property.(136) So long as +different congregations attempting to consolidate retain their respective +identities, they do not form a single corporation.(137) It is a general +rule that a corporation may be dissolved by taking the steps required by +law. As there are various statutory provisions in the different States, +each case had best be attended to by an attorney. In some States there is +a provision that where a corporation fails to carry out its functions for +a stated time, it thereby becomes dissolved. The omission of a parish for +one year to elect officers, does not necessarily operate as a dissolution +under such statute. In case of dissolution under a statute of that kind, +the property of the church is not forfeited to the State.(138) + +*74.* _Debt, Limited._--The amount of debt which the trustees of a +religious society may be authorized to create, may be limited by its +constitution.(139) + +*75.* _Conditions, Effect._--Where $1,000 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 deed, a mortgage given to secure a legitimate debt was held valid, 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 use.(140) But property given a +congregation for the maintenance of a church that becomes dissolved, +reverts to the heirs as a resulting trust.(141) A corporation that has +been authorized to purchase land may execute a mortgage for the purchase +money or a part of it without further authority.(142) Where by an ancient +agreement a meeting-house was to remain in a particular place, a vote of +the congregation will not justify pulling it down, and an action of +trespass will lie for razing it and damages will be given for the value of +the building.(143) + +*76.* _Suits, Parties._--When a church is incorporated, it should be sued +in its corporate name; but when the bishop of the Catholic church holds +the legal title to the land in litigation, he should be made a party.(144) +And if there are two sets of officers contending for control, service of +the papers upon the intruders may not be sufficient. The safer practice is +to serve upon both.(145) 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 property, is properly brought in the +corporate name of the trustees and not in the name of the State.(146) + +*77.* _Incorporation, Sufficient._--Where the articles of incorporation +were drawn and signed in the form required by law, excepting as to the +acknowledgment, and were recorded, and the corporation organized in good +faith, it became a _de facto_ corporation and was sufficient to entitle it +to sue to prevent certain members from perverting the use of its +property.(147) + +*78.* _Dissolution, Fund._--The corporation of a congregation can not by +seceding and a majority vote dissolve the corporation where it is a part +of a superior body.(148) But the courts have plenary powers over +corporations under the United States jurisdiction, such as territories, +and may dissolve a corporation.(149) The fact that the dissolution is +contrary to, or authorized by church discipline, makes no difference as to +granting the dissolution, as such discipline can not supersede the state +law.(150) On dissolution of a religious corporation, 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 +fund, could they have foreseen the event.(151) + +*79.* _Reorganization._--A church corporation may reorganize and be +reinstated into all rights that it formerly had.(152) The steps to be +taken to reorganize are usually provided by statute and should be closely +followed. Upon the reorganization, the old corporation becomes +terminated.(153) + +*80.* _Meetings, Majority, Quorum._--In corporate meetings, meetings of +boards, and meetings of committees duly called, a majority vote of those +present determines the action of the body. If the membership is +indefinite, those who attend such meeting constitute a quorum; but if the +membership is definite, it requires a majority of the voting members to +constitute a quorum, unless the law of the State or the constitution +(articles of organization) or by-laws provide a different number.(154) + + + + + +CHAPTER VII. SUPERIOR AUTHORITY + + +*81.* _Protestant, Ministers, Bishop._--In most church organizations the +authority is divided into superior and inferior. In countries where there +is an established Protestant church, the superior authority is first in +the king and queen and secondly in the bishops. The inferior authority is +in the ministers and secular officers of the church. Where there is no +established church, the synod or bishop is the superior authority. Thus +decisions of our courts usually apply to all churches alike. + +*82.* _Roman Catholic Church, Pope, Bishops, Delegated._--In the Roman +Catholic Church the superior authority is first in the Pope and secondly +in the other bishops. This superior authority is graded and some of it may +be delegated, as in case of a Papal delegate. But the general rule that +delegated authority can not be again delegated by the delegate without +special authority applies to church matters. + +*83.* _Bishop, Discipline, Clergy._--Within his diocese the bishop is the +executive officer, the legislature, and the judiciary; but he is subject +to the superior authority of the Church. The bishop may make laws for his +diocese, subject to the limitation of the general doctrine and discipline +of the Church. He has original jurisdiction of all causes arising in his +diocese, and may decide them in the first instance and inflict such +penalties, suspension, or excommunication, in accordance with the canons +of the Church, as he deems fit. The clergy are subject to his orders and +discipline according to the canon law. However, without special contract, +the bishop is not civilly liable for the salary of a priest under him, +either while he is actually in the line of his assigned duties or while +waiting to be assigned.(155) + +*84.* _Local, Secular Matters._--There is still another division of +superior and inferior authority: the local corporation or congregation has +nothing whatever to do with the doctrinal or disciplinary functions of the +Church; 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 organization, charter, and by-laws. Also, unless there is some +other rule to the contrary, only the male members who are over twenty-one +years of age, have a voice and vote in such corporation.(156) + +*85.* _Unincorporated, Authority._--When a church is not incorporated, all +its elections and proceedings, so far as they are not contrary to the laws +of the State, must be in accordance with the rules and regulations of the +Church; 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 organization, prevails.(157) However, courts +are not always clear on the last part of this rule.(158) + +*86.* _Tribunal, Action, Appeal._--When any question arises and is being +adjudicated in the tribunal of the church organization, either as an +original action or on appeal, the State court will not interfere so long +as the proceedings are in accordance with the rules and regulations of the +church, 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 +infringed.(159) + +*87.* _Spiritual Authority, Excommunication._--Neither the Pope nor the +bishop has any but spiritual authority within the State.(160) The law of +this country considers excommunication as expelling from membership; but +does not tolerate interference with civil or property rights of citizens. +Therefore, major excommunication _non tolerati_, is unlawful in the United +States.(161) However, 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 functions.(162) The civil courts +will not go behind a church authority to inquire as to excommunication, +but may examine as to the competency of the tribunal according to the laws +of the denomination.(163) + +*88.* _Constitution, Limited, Decisions._--A written constitution is not +necessary to prove the connection between a subordinate and superior +ecclesiastical body; but it will be inferred from the circumstances of the +case.(164) The superior may dissolve or reorganize an inferior body as a +congregation.(165) In fact the superior authority, in religious matters, +is plenary, excepting as limited by the laws of the State and the +constitution of the Church.(166) The decisions of the ecclesiastical +tribunals in all cases on doctrine, order, and discipline, are conclusive +in the state courts.(167) + + + + + +CHAPTER VIII. INFERIOR AUTHORITY + + +*89.* _Priesthood_, _Discipline_.--The inferior authority in the Church may +be said to be in the priesthood, whose rights and duties are fixed by the +canon law, but who are still further subject to the reasonable diocesan +rules made by the bishop. The disciplinary relation of a priest to his +bishop is substantially the same as that of a captain to his colonel, 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 +matters, including doctrine and discipline, in which the priest can not +resort to the courts of the State, but must submit to the tribunals of the +church.(168) + +*90.* _Congregation, Insubordinate, Discipline._--The male members of a +congregation are invested with no visitorial or controling power, but only +such authority as is given under the laws of incorporation.(169) Where an +inferior organization, as a congregation, refuses to receive a clergyman +appointed by the bishop, it is an act of insubordination to the +ecclesiastical authority of the Church and in violation of its discipline, +which authorizes the issuing of a peremptory mandamus commanding them to +admit the clergyman.(170) + +*91.* _Pastor, Parish, Relation._--When a clergyman's connection with a +church had been duly dissolved, 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 void.(171) + +*92.* _Clergymen, Citizens._--Clergymen residing in an incorporated town +are not exempt from the performance of any duties required of citizens, +unless such exemption is given by statute.(172) + +*93.* _Doctrine and Discipline, Authority._--In all matters concerning +doctrine and discipline of the Church, the inferior authority, such as +ministers, priests, and deacons, as well as the congregation, must submit +to the decision of the higher authority, whether bishop, synod, or +council.(173) + +*94.* _Sect, Suit, Property._--A number of people formed a congregation and +became incorporated in 1810, the members being mostly of Presbyterian +extraction. This independent congregation bought and paid for property, +the title vesting in the corporation. In 1811 the congregation passed +resolutions unanimously that it "would be imprudent and unscriptural" to +establish a new religious sect, and voted to join the First Reformed Dutch +Church, which had an organization of inferior and superior authority. The +congregation was received into and became a part of the general +organization, and remained so until 1860, when a majority of the +congregation voted to employ a Methodist minister, and when his name was +submitted to the superior authority, the "classis," he was rejected as not +belonging to the church. Then by a majority vote, the congregation seceded +and assumed its first name, and thereafter brought suit for the church +property. The court held that by joining the First Reformed Dutch Church, +the title of the property vested in the congregation of that church as +represented by its corporation, and that when the majority seceded and +left the church, they had no right nor title to any of the property. 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 belongs, but not in violation of them.(174) + +*95.* _Priest, Salary._--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 hospital, does not give the priest a right of +action against the bishop personally for his salary. The relation of +bishop and priest is not that of employer and employe, but is that of +ecclesiastical superior and inferior.(175) + +*96.* _Curate, Induction, Rector._--The _jus patronatus_ of the Spanish law +has been abrogated in Louisiana. The wardens of the church can not compel +a bishop to institute a curate of their appointment, nor is he in any +sense subordinate in his clerical functions to the wardens of any church +within his diocese.(176) In the absence of a positive rule of the +ecclesiastical body, no ceremony of induction is necessary for the rector +of a parish.(177) A clergyman appointed "permanently" to a rectorship +holds it for an indefinite period during the pleasure of the contracting +parties, and either of the contracting parties may give the other notice +of termination, and with the concurrence of the higher ecclesiastical +authority of the diocese, a change may be made.(178) It is doubtful, +however, whether in most States a permanent appointment would not be +construed as a contract for life, determinable only for good cause.(179) + +*97.* _Controversy, Tribunal, Decision._--When the clergyman and his +parishioners submit a controversy to an ecclesiastical tribunal, the +decision, if not impeached for good cause, is justification in the party +conforming to it.(180) And a minister who submits to a church tribunal and +is ousted after fair hearing and trial, can not obtain a writ of mandamus +from the civil court to compel his reinstatement.(181) Also, after a +minister has been dismissed in due manner by the tribunal of his +denomination, the civil court will enjoin him from usurping his +office.(182) + +*98.* _Priest, Dwelling, Servant._--A Catholic priest in charge of a +congregation at the will of the bishop and occupying a dwelling-house +belonging to the church, is a servant and not a tenant, and his right to +occupancy ceases with his services.(183) 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 conference, as he has possession of the church property without +superior authority.(184) + +*99.* _Injunction, Bishop, Priest, Trial._--On application for an +injunction to restrain the bishop from passing a sentence against a +priest, 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 +priest.(185) A bishop can not remove a priest without an accusation, +hearing, or trial, 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 vocation.(186) However, 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 damage, etc., failed to show that any right of property or +civil right was involved and the priest was non-suited, while in the +former case an injunction was issued against the bishop.(187) + +*100.* _Confession, Privacy, Authority._--A Catholic priest, although about +to administer an office of his religion to a sick person at the latter's +request, has no legal authority, by virtue of his priestly character, to +forcibly remove from the room a person lawfully there.(188) + +*101.* _Debts, Permission, Presumed._--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 bishop, such written permission is not evidence that debts contracted +under it are the legal debts of the bishop. The authority which bishops +delegate to priests is under the ecclesiastical law and prima facie +ecclesiastical authority, and must be presumed to be so in the absence of +all evidence to the contrary.(189) + +*102.* _Official Acts, Subscriptions._--The official acts of a minister +coming in question incidentally, unless contrary to the statute, are as +valid as the official acts of any other officer.(190) 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 church, but was not appointed agent to receive such +subscriptions, had no authority to accept a subscription for the +corporation.(191) + +*103.* _Exemptions, Clergy._--The exemptions given ministers by the +statutes of some States are liberally construed.(192) Without any +statutory exemption, the clergy are liable for all duties required of +other citizens.(193) + +*104.* _Minister, Contributions, Deposed._--No religious teacher or +minister can be enjoined from receiving voluntary contributions, although +he has been deposed by some ecclesiastical tribunal.(194) + +*105.* _Fees, Usages, Excess._--The fees of a priest of the Catholic Church +are regulated by the laws and usages of that Church, and where in this +country the pew rent and collections go for the support of the priest and +the current church expenses, a priest is not accountable for the excess of +such collections over these expenditures.(195) + +*106.* _Salary, Fees._--Under the act of March, 1814, incorporating a +congregation, the congregation, being the legal owners and temporal +administrators of the property which it was authorized to hold, had the +exclusive power to fix the salary of the parish priest or the tariff of +fees for marriages, burial, etc. No such power could be exercised under +that act by the Pope or any bishop.(196) + +*107.* _Clergyman, Salary._--Where a clergyman agreed with a congregation +that the salary should be what could be raised by subscription, the +congregation was bound to use due diligence in procuring subscriptions, +and as it did so, that was all that the clergyman could recover.(197) + +*108.* _Curate, Services._--In an action by a curate against a religious +corporation for personal services, the court will not inquire into the +spiritual relations existing between the parties, but will examine their +legal rights only.(198) + +*109.* _Minister, Dismissal, Money Advanced._--After a parish has voted to +dismiss the minister, it is not competent to prove irregular conduct or +immorality in answer to his claim for salary, without alleging it in the +vote of dismissal.(199) In Illinois it was held that a priest who advanced +money from his private resources for improving church property, had an +equitable lien upon the property for all the money advanced, with legal +interest.(200) But in Pennsylvania, where a priest under the direction of +the bishop built a church in his parish for mission purposes, and in doing +so expended some of his own money, 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 parish, that he could not recover the +money so expended from his congregation.(201) + + + + + +CHAPTER IX. MEMBERSHIP + + +*110.* _Business, Religious Membership._--Unless there is some other law or +rule to the contrary, the male members of the congregation over twenty-one +years of age constitute the business membership of a religious +society.(202) 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 belong.(203) And where a condition of +membership is that the person must contribute to the support of the church +and be a communicant, if he is not a communicant he is not entitled to +vote.(204) + +*111.* _Regular, Doctrines, Support._--The ones who adhere and submit to +the regular order and doctrines of the church, although a minority, +constitute the true congregation.(205) At least two things must concur to +qualify a person as a voter: first, stated attendance at divine worship in +the congregation; and, second, contribution to the support of the +church.(206) The list of members kept by the clerk or secretary of the +congregation is evidence of membership.(207) A person who denies any part +of the system of theology received and taught by the denomination is not a +member of the church.(208) + +*112.* _Factions, Authority._--Where two factions of a church, each +claiming to be the church, try members of the other faction, 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 +authority.(209) + +*113.* _Faith, Burial._--Whether a person died in the faith of the Roman +Catholic Church so as to be entitled to burial in its cemetery, is not a +question within the jurisdiction of civil courts, but must be decided by +the ecclesiastical authorities.(210) + +*114.* _Rules, Membership._--Every denomination has the right to prescribe +by rules, its constitution, or its by-laws, the conditions of membership; +and any one who will not subscribe to and practise the doctrines of the +denomination is not a member.(211) + +*115.* _Minor._--Where the legal members of a society that is incorporated +consist of male members of the church of full age, when minor sons become +of age, they become legal members of the corporation, provided they remain +in the church.(212) + +*116.* _Officers, Non-Members._--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 denomination.(213) + +*117.* _Debts, Unincorporated Parish._--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 +society.(214) But where there is no statute on the subject, the members of +an unincorporated parish are liable for lawful debts contracted or +ratified by them, and their property may be levied on for such debts +incurred or judgments rendered while they are members of the society.(215) +The members of an unincorporated parish may be sued to recover the salary +of a deceased pastor up to the time of his death.(216) + +*118.* _Execution, Property._--While an execution against a territorial +parish may be levied on the property of a member of the parish, it can not +be levied on property of a person who ceased to be a member before the +levy.(217) + +*119.* _Incorporated, Subscriptions._--The members of an incorporated poll +parish are not individually liable on a judgment and execution against the +corporation, excepting on the unpaid subscriptions.(218) + +*120.* _Expelled, Merits._--Mandamus can not be resorted to to restore a +member regularly expelled from his church, as a court will not inquire +into the merits of the case.(219) + +*121.* _Lay Members, Appointed._--Where the statute provides that two lay +members of the corporation of a Catholic parish shall be appointed +annually "by the committee of the congregation," the members of the +congregation have no right to elect said two members, and those appointed +in the proper manner are lawful officers.(220) + + + + + +CHAPTER X. HERESY AND SECESSION + + +*122.* _Mother Church, Control._--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 part. Such minority shall retain control of the +property.(221) + +*123.* _Seceders, Funds._--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 accrued.(222) The title to church +property in a divided congregation is in that part of the congregation +which is acting in harmony with its own law; and the ecclesiastical laws +and principles which were accepted among them before the dispute began are +the standards for determining which party is right.(223) + +*124.* _Society, Foreign Language, Independent._--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 congregation, although it has its +own minister and officers.(224) Where an independent congregation of one +denomination votes unanimously to go over to another denomination, and the +title to the church property is in the parish corporation, the seceders +take with them the church property.(225) + +*125.* _Subordinate, Incorporated._--A religious society subordinate to +church judicatures, 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 corporation, holds such land +independently of such church judicatures.(226) + +*126.* _"__Church,__"__ Seceders, Debt._--Where a religious society amended +its constitution as provided therein, those who adhered to the amended +constitution constituted the "church," and those who refused to do so were +seceders.(227) After seceding, a member of a parish is liable for a debt +existing at the time of his secession.(228) + +*127.* _Bible, Constitution, Withdrawal._--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 +denomination.(229) What amounts to a voluntary withdrawal of members from +a religious association, is a question of law.(230) + +*128.* _Majority, Obligation._--The fact that a majority of the members of +a religious corporation secede therefrom by a vote, does not affect its +obligation entered into prior thereto.(231) Two factions of a church +separating and keeping up different organizations may both still retain +their membership in the denomination.(232) + +*129.* _Division, Funds._--Where there is a division in a denomination by +the secession of a part of the members from the mother church, the +Legislature has no authority to divide the funds and give a part to the +seceding division.(233) + +*130.* _Methodist, Slaveholding, Non-Slaveholding, Quarrel, Schism, +Secession._--The division of the Methodist church into distinct +organizations of slaveholding and non-slaveholding States, was not a +secession and neither division lost its interest in the common +property.(234) A quarrel in a congregation growing out of an illegal +election followed by the majority excluding the minority from the church, +is not a schism, and is no ground for a division of the church +property.(235) The secession of a whole congregation does not carry with +it the church property; and those who are left and adhere to the mother +church retain control of the property.(236) When the seceders from one +church join another, they forfeit all claim to any interest held by the +former and lose identity with it.(237) + + + + + +CHAPTER XI. EXCOMMUNICATION + + +*131.* _Definitions, Minor._--Excommunication, as construed in law, 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 church. It is one of the methods of discipline in the nature of +expulsion from membership in a fraternity, and the fact of expulsion from +a church is conclusive proof that the person expelled is not a member of +such church. Whether the excommunication was wrong or not can not be +examined into in the courts of the State, and such expelled member can not +maintain a suit in relation to church property nor vote for trustees.(238) + +*132.* _Major Excommunication._--As excommunication _non tolerati_ affects +the rights of citizenship, it is not lawful in England nor the United +States. To say that A. has been excommunicated in any form, if untrue, is +slander.(239) + +*133.* _Vote, Sentence._--When a vote of excommunication from a church has +been passed in the Congregational church and the offender thereby declared +no longer a member, the sentence may be promulgated by being read in the +presence of the congregation by the pastor.(240) + +*134.* _Trustees, Disqualified._--The trustees of a church who have been +excommunicated are not thereby disqualified in law to act as +trustees.(241) + +*135.* _Devise, Void._--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 thereof, and +in case he fail so to do that the bequest be thereupon paid to a +missionary society. Such a devise is not contrary to the constitution of +the State of Wisconsin and is not void for any other reason.(242) + +*136.* _Fraternity, Excommunicated, Bequest._--Where a church member was +also a member of an insurance fraternity connected with his church, the +constitution of which required that every member of the fraternity should +be and remain a practical Roman Catholic, when he was excommunicated from +membership in the church he thereby forfeited his benefit certificate in +such fraternity.(243) Also, a condition that a bequest shall be forfeited +if the legatee should not marry a Protestant wife, the daughter of +Protestant parents who have always been Protestants, was held to be valid +and not an infringement of any constitutional right.(244) + +*137.* _Action, Expulsion._--An action can not be maintained against the +parish corporation for expulsion from the church.(245) + +*138.* _Forfeiture of Membership_.--Any member may forfeit his membership +in a church.(246) + +*139.* _Insubordination, Expulsion, Hearing._--The authorities in the +church, under its rules and discipline, have a right to exclude members in +the church, for insubordination.(247) If the church has no rules as to +expulsion of members, the common law prevails, and a member can not be +expelled without due notice and fair hearing.(248) + +*140.* _Injunction, Mandamus, Sepulture._--An injunction will not be +granted to prevent the expulsion of a member contrary to the charter and +by-laws of the denomination; but if a member be expelled without warrant +of law, he has his remedy by mandamus for reinstatement.(249) A person who +has been expelled can not maintain an action for restoration in order to +enjoy the right of sepulture, as it is premature.(250) + +*141.* _Expulsion, Illegal._--The attempt of a minority of a church to +expel the majority of the members and turn over the property to another +denomination is illegal. However, the same would be true if it were done +by the majority.(251) + +*142.* _Freedom, Faith, Doctrine._--The constitution in declaring the +freedom of all men to worship God according to the dictates of their own +consciences, does not give a church member the right to repudiate the +faith and doctrine on which the church was founded, and at the same time +to insist on his right to exercise and enjoy the benefits and privileges +of a member of such church.(252) Every person joining a church, impliedly, +if not expressly, agrees to conform to its rules and to submit to its +authority and discipline.(253) A person who has been expelled from a +religious society can not maintain an action for services rendered the +society while he was a member.(254) + + + + + +CHAPTER XII. ELECTIONS + + +*143.* _Time, Place, Void._--Where a religious society that is incorporated +holds an election for trustees, which is held at the wrong time or place, +the election is void.(255) + +*144.* _Voting, Communicants, Attendance._--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 meeting, is valid and reasonable.(256) Where a +charter of a religious society allowed only members being communicants to +vote after they had attained the age of eighteen years, to entitle a +member of the congregation to vote it was necessary that he should have +taken the sacraments after the age of eighteen years.(257) Where the right +to vote was limited to members who contributed not less than ten shillings +annually toward the support of the church, those who were challenged for +want of complying with the rule can not do so after being challenged and +then vote.(258) Stated attendance at divine worship in the church, +congregation, or society, and contribution to the support of such church, +may be made the tests of the right of a person to be a voter at an +election. The attendance of a wife or children of the family is not +sufficient to confer the right to vote on the husband or father.(259) + +*145.* _Voters, Poll List._--Parol evidence is admissible to prove the +number of persons entitled to vote in a church society, notwithstanding +that there is a register of names of the stated hearers in such church +kept by the clerk of the trustees. + +*146.* _Notice, Quorum, Majority, Strangers._--It is not necessary that a +majority of the members of a religious society be present to constitute a +corporate meeting. Those present at a regularly called meeting of which +due notice has been given to all the members, constitute a quorum; and, in +the absence of a rule to the contrary, a majority of the votes cast +carries any question.(260) The presence of strangers, unless they vote, +will not vitiate the proceedings. If they should vote, unless their votes +determine the election, it will not be void.(261) The casting of a few +illegal votes that would not change the result of the election does not +make it void.(262) + +*147.* _Challenge, Ground._--The right of a person to vote at any meeting +may be challenged. The proper time to challenge a voter is when he offers +his vote. After his vote has been received it can not be thrown out on the +ground that he was disqualified.(263) A church election for which due +notice has been given, that has been fairly conducted, and all the +requirements of the statute or rules of the church complied with, is +conclusive.(264) Without due notice, all proceedings are void.(265) + +*148.* _By-Laws, Usage._--If there is no law of a religious society +determining the mode of conducting an election, the corporation may +provide by-laws therefor; and if the corporation should fail to make such +by-laws, a long established usage will govern.(266) Also, if the time an +election is to be held is provided for, but the manner of conducting it is +not, the meeting may be conducted according to established usage.(267) + +*149.* _Ballot, Hand Vote._--The vote of a religious society at an annual +meeting for the election of officers that the officers shall always be +chosen by ballot, does not vitiate an election of officers by hand vote at +a subsequent annual meeting. But a provision in the constitution or +by-laws requiring a ballot must be complied with.(268) + +*150.* _Hold Over, Successors._--When the election of the new trustees is +invalid, the old trustees hold over until there will have been a valid +election of their successors.(269) But where a board that was illegally +elected employed a minister who had no notice of such illegality, he was +entitled to his compensation according to the contract.(270) + +*151.* _Majority, Votes Cast._--Where the majority of a congregation +protested against the proposed candidate, but failed to vote for any one, +such candidate who received the greatest number of votes cast, was +lawfully elected.(271) + +*152.* _By-Law, Tickets._--When a by-law provides that "if besides the +names there are other things upon the tickets, such tickets are not to be +counted," a ballot having an engraved eagle on it should be rejected.(272) +However, in a very recent case under a statute that specifically provided +what should be printed on the general election ballot, and in addition +thereto the Union Labor label was printed thereon, the court held that the +statute should be strictly construed in favor of the voter and that the +ticket should be counted.(273) + + + + + +CHAPTER XIII. OFFICERS + + +*153.* _Charter, By-Laws._--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 authority. The +constitution usually gives further authority to make by-laws which are +binding on the officers as well as on the members.(274) + +*154.* _Unincorporated Church, Incorporated._--The officers of an +unincorporated church can only be elected by the members of the church, +unless there is some law of the State or rule of the church that provides +for appointing them. In an incorporated congregation, the charter and +by-laws of the corporation determine whether the officers shall be elected +or appointed.(275) + +*155.* _Trustees, Control._--A statute passed in 1813 providing that a +certificate of incorporation by the bishop, vicar-general, pastor of the +church, and two others selected by them and their successors shall be a +body corporate, 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 +authority.(276) Under the statutes of Louisiana providing for the +incorporation of congregations for the purpose of administration and +revenues, it was held that the corporation had full control and was +responsible to the congregation alone and could not be controled by the +clergy. The congregation had the right to elect others in the places of +those amoved by reason of their misuse or abuse of their powers.(277) And +in Massachusetts, under the law for incorporating Catholic parishes, no +one but the trustees have any power.(278) + +*156.* _Membership, Office._--Where church membership is necessary to hold +office in the church corporation, it is a binding condition +precedent.(279) An officer who withdraws or is expelled from a religious +organization thereby terminates his office.(280) + +*157.* _Certificate of Election._--A certificate of election of officers is +prima facie evidence thereof, 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 State. Also, +if the certificate does not conform to the law, it is insufficient.(281) + +*158.* _Term, Successors, Contest._--Where there is no term of office +fixed, the presumption is that an officer continues as such until proof to +the contrary is established,(282) or until his successor shall have been +elected and shall have qualified.(283) Also, the officers elected for a +certain term can not be amoved by electing new officers before the end of +the term.(284) When officers or committees have been elected "for the +ensuing year," they shall hold office until superseded by their duly +elected successors. 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 thereafter, 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 expired.(285) + +*159.* _By-Laws, Preside._--At an election of trustees under by-laws that +provide that certain officers shall preside, if there are no such officers +members may be selected to preside in their places.(286) + +*160.* _Note, Overdraft, Interest._--The president and secretary of a +church corporation have no authority to make a promissory note unless +authorized by the board of trustees.(287) Neither has the treasurer +authority to make an overdraft on a bank with the action of the +trustees.(288) The trustees of a parish, however, may make a note binding +the congregation for the payment of the money used in building a +church.(289) But when the trustees have an interest in the transaction, +adverse to the congregation, they are disqualified from acting.(290) When +trustees had claims against the congregation which they included with +other claims that third parties had against the church, they could not put +them in a judgment note so as to get a lien upon the church property. When +officers do not bind the congregation, they usually bind themselves.(291) +The trustees of an unincorporated church can not bind it beyond the +expressed powers granted by the members.(292) + +*161.* _Board, Control._--When the laws of the organization give control of +matters to the board of trustees, the majority of the members of the +church can not control the action of the trustees contrary to the usages +and regulations of the church.(293) + +*162.* _Treasurer, Accepting a Draft._--A parish treasurer has no authority +under any condition to bind the corporation by accepting a draft in favor +of a third person. A treasurer elected for the purpose of receiving and +investing funds in his individual name, holds such funds as trustee for +the church and is subject as such trustee to a court of equity. Persons +claiming to be trustees of a church but never getting possession of their +offices or the property of the church, can not maintain an action against +other persons who are in possession and have been duly elected.(294) + +*163.* _Note, Trustees._--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 +it, where there was no vote of the board of trustees at an authorized +meeting to borrow or to execute such note.(295) A meeting of a board must +be called as required by law or the by-laws of the organization, and in +the absence of any such all members must be notified a reasonable time +before the time fixed for holding the meeting. However, if all the +trustees are present and agree to hold a meeting it is valid; but it would +be well to put such consent in writing and have all the members sign +it.(296) + +*164.* _Money, Powers._--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 them.(297) 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 congregation.(298) When +the trustees of a church are authorized to execute contracts for the +church, they should act as a body or delegate the power to one of their +number or ratify the acts of one of their number.(299) The individual +disjointed action of trustees of a religious society, at various times and +places, although assented to by a majority, is not the action of the +board, and is not binding on the society. To make the action of the board +of trustees binding, they must duly meet and by a vote determine their +action.(300) + +*165.* _De Facto Officers._--The acts of _de facto_ officers can not +usually be questioned in a collateral proceeding, such as to set aside a +conveyance, when the merits of the question do not involve the +election.(301) Being elected does not alone make a person a _de facto_ +officer; but he must also be acting in the particular office to which he +claims to have been elected.(302) But one who has entered into a contract +with the officers of a congregation is estopped from denying their +authority to make such contract.(303) + +*166.* _Trustees, Thanks, Charge._--Where trustees have taken care of funds +without charge, the only entry kept being a vote of thanks from time to +time, they could not afterward charge a commission on the moneys handled +by them for such services.(304) + +*167.* _Discretion, Excommunication._--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-laws.(305) Excommunication does not always remove an +officer of a church corporation.(306) The legal rights of a bishop in +regard to the temporalities of a church where they are not prescribed by +civil law, must rest, if at all, upon the ecclesiastical law, which must +be determined by evidence.(307) + +*168.* _Key, Possession, Right._--Having the key of a church, is prima +facie evidence of possession, but the right of possession is a matter of +proof.(308) + +*169.* _Church, Bishop, Debts, Salary of a Priest._--Where a church is not +itself liable because it is not incorporated, 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 church, which were partly invested in real +estate which was put in the bishop's name in the usual manner, although +the bishop's permission was necessary before borrowing the money, 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 security, and he received part of the borrowed funds from a dying +pastor and handed it over to his successor.(309) Also, a bishop is not +personally liable for the salary of a priest whom he engages. 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 +army.(310) + +*170.* _Note, Building Committee._--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 building, in which the plaintiff sought to charge the building +committee, 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 funds, but was a shifting body to whom the pastor only went for advice +and consultation, it was held that the plaintiff could not recover.(311) + +*171.* _Fraud, Trust._--Where a "prophet" induced members of his +organization, by his fraud and deceit, to convey to him all their property +in discharge of a religious duty and then refused to account to them, the +court declared the trust closed and divided the estate among the members +in proportion to the money, property, and labor contributed by each of +them.(312) + +*172.* _Superioress, Money._--A person who contributed money for the +purpose of repairing a convent, the money being turned over to the +superioress and the convent not being incorporated, upon the project being +abandoned subsequently a personal judgment could not be obtained against +the superioress for the money contributed.(313) + +*173.* _Loan, Priest._--If a man lends money to a priest for the purpose of +paying a note against the congregation left at the bank for collection, he +can recover the money so paid from the congregation.(314) + +*174.* _Warden, Wages, Sexton._--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 parish.(315) A church accepting the services of a sexton is +liable to him therefor, whether the by-laws were observed in employing him +or not; nor will the fact that any party (as in this case the Ladies of +the Altar Society) agreed to contribute to his annual salary, defeat his +recovery of the whole from the church employing him.(316) + +*175.* _Sewing Circle, Money._--A church may maintain an action against a +sewing circle to require it to pay over money collected for the benefit of +the church.(317) + + + + + +CHAPTER XIV. MEETINGS + + +*176.* _Business, Notice, Meeting._--Where, in the transaction of the local +business of a religious society, whether incorporated or not, meetings of +the members shall become necessary, in order to make such meetings legal +due notice thereof should be given to every member. The notice should +specify the exact time and place where the meeting will be held, and no +change can be made except at such time and place. Unless some other place +is specified, the parish church is the proper place for holding meetings. +If the church should be locked and the key can not be found, a meeting +should be held at the door or at the nearest practical place to the church +where all the members may assemble, and then by a majority vote they may +adjourn to any convenient near place accessible to all the members.(318) + +*177.* _Acts, Void, Lawful, Clerk._--The acts of a majority of the members +of a corporation, unless done according to law and in conformity with the +charter and by-laws of the corporation, are absolutely null and void.(319) +The only lawful manner by which a congregation can express itself, is by a +meeting regularly called and held upon due notice.(320) The notice of a +meeting should be authorized by the trustees or other authority of the +church, and given to all the members. The clerk of the board of trustees, +unless authorized to do so, has no authority to sign the name of the +members of the board to a notice, and a meeting called in that way is +illegal.(321) + +*178.* _Special Meeting, Notice._--When a meeting is special, the notice +must state for what purpose the meeting is called. If it fails to do so it +is void, and unless all the members are present and consent to the holding +of the meeting, all business transacted is illegal and void.(322) Notice +of a special meeting that states one specific purpose for which it is +called, and then states "to transact any other business that may legally +come before the meeting," is not good for any purpose except the one +specified.(323) + +*179.* _Meeting, Consent._--A valid meeting can not be held by a +corporation, 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 meeting. In the +latter case the consent should be in writing and signed by all the +members.(324) However, a person who attends a meeting and takes part in it +without objection, is estopped from raising the question of notice.(325) + +*180.* _Notice, Principal Service, Custom._--When a rule of a church +required notice of a meeting to be given at the principal service, a +notice given at an earlier service only, was void.(326) But where the +ordinances of a church specified that the election of officers should be +at least six days before the end of their term, and it became the custom +of the church to hold the election on a movable holiday which sometimes +was less than six days, the election was held valid.(327) + +*181.* _Adjournment._--Where a meeting was noticed for one day and held on +a different day without notice of adjournment, all acts done were void and +the officers elected were neither _de jure_ nor _de facto_ officers.(328) + +*182.* _Proof of the Notice._--The proper proof of the notice would be the +return of the officer serving the notice, in some States; and in others an +affidavit of the person who served the notice. The proof of the services +of a summons would be sufficient unless there is some other law or rule to +the contrary.(329) + +*183.* _Presiding Officer._--When the laws of the organization provide who +shall preside at a meeting, but the minister contrary to such laws and +against objections presided over the majority of the congregation, and the +minority was presided over by the proper person, and both elected +officers, the officers elected by the minority were the lawful ones.(330) +However, where a meeting is presided over without objection by a member +instead of the proper officer, the acts of the body are lawful.(331) + +*184.* _Voters, Rules._--Unless the laws of the State otherwise provide, +every religious organization has the right to determine who shall vote at +its meetings and elections. If those provisions are reasonable, they are +lawful. Under such provisions it has been repeatedly held that where there +are rules requiring annual subscriptions to the church,(332) only those +who rented and paid for pews, or those who paid a certain annual tax, or +those who went to communion, were entitled to vote.(333) And where there +was no rule, it was held that one who has not contributed to the +church(334) and persons who attended church only occasionally and +contributed only when they attended, were not qualified voters.(335) 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 +church. + +*185.* _Quorum, Majority._--A quorum of a congregation usually consists of +those present at a duly called regular meeting, and a majority of those +present is sufficient to carry questions, unless by rule or law otherwise +provided.(336) But where there is a definite body in a corporation which +has established no other rule, a majority of the members of the +corporation constitute a quorum.(337) Where the minutes of the clerk +stated that upon due notice the members of the corporation met, a quorum +is presumed.(338) + +*186.* _Votes, Challenge, Inspectors, Casting Vote._--The reception of +illegal votes does not invalidate an election unless they change the +result.(339) If the presiding officer refuses to allow a qualified voter +to vote, the right may be enforced through civil courts.(340) When votes +have been received without challenge, it is then too late to raise the +objection that the persons have no right to vote.(341) It is the duty of +the inspectors to determine the qualifications of an elector at the time +that he offers to vote, and before he votes; and if they decide in the +exercise of their judgment, without malice or improper motives, the +regularity of the election can not be questioned.(342) 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 vote, he still had the right to cast the +decisive vote.(343) Illegal voting in a religious society probably is not +an indictable offense, but it is a disorderly act.(344) + +*187.* _Written Notice, Prayer Meeting._--Where a five days' written notice +is required to hold church meetings, an oral notice given on Sunday +evening at the prayer meeting is not sufficient for a meeting on the +following Wednesday. But a vote taken on Sunday to hire the minister and +fix his salary, is not void.(345) Churches and benefit societies, such as +insurance fraternities, being charitable organizations, may do business +concerning such association on Sunday.(346) + +*188.* _Expulsion, Damages._--A man who has been wrongfully expelled from a +temperance society for religious reasons may recover damages +therefor.(347) + + + + + +CHAPTER XV. CHURCH RECORDS + + +*189.* _Evidence, Entries, Minutes._--The record of the proceedings of a +religious society is evidence as to its doings, both in its own tribunals +and the courts of the State. Such record consists of entries required to +be made by the laws or rules of the society, the laws of the State, and +the minutes adopted by the society. Therefore, it is of the greatest +importance that it be kept with great exactness, omitting nothing that is +important.(348) Also, the minutes of all the meetings should be correct +before being duly adopted. All erasures and interlineations should be +certified by the clerk and then signed by him. + +*190.* _Uniformity._--Every entry required to be kept by the laws of the +State as well as the rules of the Church, should be kept as to births, +marriages, and death. 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 book, to issue certificates when required. + +*191.* _Marriage, Death, Baptism, Birth, Church Records._--The church +records duly kept in accordance with the discipline of the church, are +admissible in evidence to prove marriage, death, and baptism. Where the +record is incomplete, as giving the date of baptism only, it is not +admissible in proof of date of birth. But if it gives the date of birth, +it is _prima facie_ proof thereof.(349) + +*192.* _Certified Copies._--Under statutes, certified copies of the record +made by the custodian thereof are admissible in evidence in any case where +the original would be admissible. Also, one who had compared a copy with +the original record may testify to the same. The rule, as given, +substantially prevails under statutes in the following States: Alabama, +Georgia, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maryland, +Minnesota, Missouri, Oklahoma, Pennsylvania, Rhode Island, and Wisconsin; +and also, in Ontario, Manitoba, and the Dominion of Canada. + +*193.* _Rule of Admissibility._--A certified copy of the record of a +baptism taken from a church register by the parish priest, when admissible +at the place where such record is kept, as in Ireland, is admissible to +prove the same fact in the State of Missouri.(350) + +*194.* _Proper Record._--A book kept by a minister, which contained a +regular statement in proper form of the admission of members, choice of +officers, and transaction of business of the church, which was the only +book kept by the parish, is the proper record of the church.(351) + +*195.* _Name, Record._--The author would like to emphasize the importance +of correct records. Frequently we find no Christian name given in the +records of birth, which practically makes the record worthless. When a +child is born it is entitled to a name, immediately, which should be given +and be correct. At least the first Christian name should be correct; a +mistake in a middle name is not material. This is true of deeds and +records of all kinds, but practically of births, deaths, and +marriages.(352) + + + + + +CHAPTER XVI. CHURCH TRIBUNALS + + +*196.* _Jurisdiction, Privileges._--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 discipline. Within their jurisdiction, the laws of the State +give such tribunals great privileges and courts show them great respect. +The Freemasons, the Knights of Columbus, etc., and most of the churches, +have such courts.(353) + +*197.* _Trial, Property, Priest._--In most of the States a court will not +interfere with the fair trial of a church tribunal. 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 States.(354) But when the bishop has deprived a +subordinate priest of his authority to officiate as such, he may enjoin +the priest from making use of the church property.(355) + +*198.* _Doubt, Legal Rights._--The foregoing rule has some doubt cast on it +in Delaware and Massachusetts. The investigation of a dispute between +members of a church by a committee according to church regulations, +consented to by the parties, in which both take part, can have no effect +on their legal rights. If the State law provides for cases of the kind, it +is superior and must be submitted to. Also, an award or proceeding of a +committee is not evidence for or against either party. However, any +statement made, or admissions of the parties, if not of a recognized +confidential nature, may be given in evidence on the trial in a court of +the State.(356) The judgment of a mutual ecclesiastical council legally +convoked will not bind either party rejecting it.(357) + +*199.* _Bishop, Priest, Redress._--When a bishop removes a priest in the +regular way according to the rules and discipline of his church, the +priest has no redress.(358) Also, when a priest has submitted his case to +the church tribunal according to the discipline of his church, he must +abide by its decision, excepting where his civil rights or property rights +as a citizen are involved, when he may appeal to the laws of the +land.(359) + +*200.* _Trial, Counsel._--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 church, and it can not be said as a matter of law +that he is entitled to counsel.(360) + +*201.* _Removal, Suspension, Trial._--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 bishop, without trial; but +he can not be suspended from his priestly functions without specific +accusation and trial.(361) + +*202.* _Charges, Fair Trial, Hearsay Evidence._--When a clergyman or +officer is to be removed or a member of the congregation is to be +excommunicated, 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 judgment. 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 +court. Rumor or gossip, known as mere hearsay evidence, is not sufficient +to base a charge against the character of any one.(362) + +*203.* _Trial, Testimony, Slander._--A church judgment, where there has +been a full and fair trial or when members submit to the church tribunal, +and the judgment has only been rebuke, censure, suspension, or +excommunication, is usually upheld by the courts; and when the testimony +given on such trial is concerning immoral or scandalous conduct or crime, +if those taking part act in good faith and within the scope of the +authority of the church, they are protected by law and not liable to an +action for damages for libel or slander.(363) + +*204.* _Remedies, Secular Courts._--In cases involving church doctrine and +discipline only, all remedies within the church must be exhausted by a +member before the secular courts will interfere, if they will interfere at +all.(364) + +*205.* _Notice, Waiver._--When the laws of the church provide the tribunal +and procedure, if the person proceeded against avoids the service of the +notice or refuses to submit to the court, 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 accused.(365) + +*206.* _Appeal, Decision, Limitation._--The right to appeal from one court +to another of higher jurisdiction is generally recognized.(366) If after +trial in the lower tribunal of the Church, an appeal is taken, the +decision on the appeal is binding upon the parties and also upon the +inferior tribunal.(367) In the Anglican and some other churches, there is +no limitation as to time when offenses against the discipline of the +church may be inquired into.(368) + +The Catholic Church has a limitation as to prescriptive rights, to-wit: +"Three years in case of movable property; ten years in case of a right, or +of immovable property, _inter praesentes_; twenty years in the same case, +_inter absentes_."(369) Also, there are limitations in canonical cases, +varying from one to twenty years.(370) There is no statute of limitation +on lawful debts. + +*207.* _Procedure, Judge, Juror, Witness._--If there are no rules of +procedure prescribed by the church tribunal, the proper practice is to +follow the State courts; as, for example, where the State law forbids an +officer of the court who has an interest in the proceeding to sit as judge +or juror, the same would apply to the church tribunal, it being the common +law of the land. Also, in States where a person who is interested in a +matter is not a competent witness, in the absence of a different rule in +the church, the same rule would apply in the church tribunal.(371) + +*208.* _Catholic Discipline._--A church member has no right to sue any one +in holy orders in the civil court without leave. That is, a layman or +priest should obtain leave of the bishop to sue a priest. In some +countries it is ground for excommunication to violate the rule. This rule +is analogous to the general rule that a sovereign state can not be sued +without its consent.(372) In this country, where there is no +ecclesiastical court recognized in law, leave is rarely asked.(373) + + + + + +CHAPTER XVII. STATE COURTS + + +*209.* _Decision, Ecclesiastical Matter._--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 body.(374) + +*210.* _Right of Property, Civil Rights._--Where there are several church +tribunals one above another, when the highest tribunal having jurisdiction +of the case has decided a question as to the right of property, a civil +court will accept such decision of the church tribunal as conclusive.(375) +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 +State.(376) As far as civil rights are concerned, the statute of +limitations may be pleaded even where those rights are founded upon some +law or rule of the denomination.(377) + +*211.* _Creed, Factions, Property, Management._--The supreme court +exercises no ecclesiastical jurisdiction, but accepts what the highest +ecclesiastical authority in each church promulgates as the faith and +practice of that church, 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 property. But a majority of a congregation that +secedes from the church and forms a new organization can not claim any of +the property.(378) The civil courts will not interfere with church +management so far as concerns the spiritual discipline of the members, but +where civil rights of property are involved, the courts may determine +them.(379) The civil rights of a religious society or its members are +within the jurisdiction of the State courts.(380) + +*212.* _Trust, Court of Equity._--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 +equity.(381) + +*213.* _Injunction, Closing Church, Paying Money, Disturbances._--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 +minority.(382) Church property vested in trustees of a religious body is +held under trust and a court of equity has jurisdiction to enforce the +trust.(383) A court of equity may restrain the trustees of a church from +paying money to a duly deposed minister.(384) But a court of equity will +not interfere to quell religious disturbances when no question as to +property or civil rights is involved. The board of trustees of a church +can not remove a priest against the will of the congregation.(385) + +*214.* _Suits, Parties._--Where a number of persons have contributed to the +erection of a church, it is not necessary for all who contribute to join +in an action to restrain a sale of the property for mercantile +purposes.(386) 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 church.(387) The same rule would apply to a +church where any one in authority is violating the law.(388) If several +congregations of a diocese are interested in litigation, to hold all the +property of the diocese liable for the debt of a parish, each congregation +is entitled to be made a party.(389) + +*215.* _Complaint._--A complaint that the plaintiffs hold one doctrinal +standard and the defendants another is sufficiently definite without +explaining the difference between the two.(390) + +*216.* _Church Tribunal, Courts._--Courts are reluctant to interfere in the +church doctrine or discipline or inquire into the regularity of the +proceedings of the church tribunal. When such tribunal has deposed a +pastor or expelled a member, it is final. However, in contracts, property +rights, and civil rights of a citizen, the courts take jurisdiction. It is +no defense to a pastor's expulsion that there is salary due him.(391) + +*217.* _Unincorporated Congregation, Actions, Interest._--An unincorporated +congregation may be sued on contract in its associate capacity, though no +persons are named as trustees or committeeman.(392) 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 church.(393) A suit against a society of Shakers +consisting of indefinite membership with changing additions, withdrawals, +and deaths, whose property is held in common without any individual +interest, may properly be brought in equity as the remedy at law would be +inadequate.(394) + +*218.* _Blasphemy, Sabbath, Lord's Prayer, Bible._--Christianity is a part +of the common law of the United States; 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 schools.(395) + + + + + +CHAPTER XVIII. EVIDENCE + + +*219.* _Judicial Notice._--A church takes judicial notice without proof of +its own rules, laws, and doctrines. Every other fact should be proved +according to the rules of evidence of the church, and in the absence of a +church rule the following rules of the courts of this country should +prevail: + +1. 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 issue. + +2. It is sufficient to prove the substance of the issue, unless the exact +word or thing forms the issue. + +3. The burden of proof is on the one who asserts the fact, whether it is +stated affirmatively or negatively, and its proof is necessary to his +making a case. + +4. The best evidence that the case in its nature affords must be produced. + +5. Mere hearsay evidence shall not be allowed, excepting: + +(a) Matters of public or general interest. + +(b) Declaration against interest. + +(c) Dying declarations. + +(d) The testimony of witnesses since dead or absent. + +(e) Admissions. + +(f) Confessions. + +*220.* _Competent Witness._--Everybody who has the use of reason and +understands the import of an oath is a competent witness. + +*221.* _Confessions, Secret Societies._--At common law, confessions were +admissible; but there is no case in the United States since 1813 where the +court has sent a priest to jail for contempt for refusing to disclose a +confession, and no case in which a priest disclosed a confession. +Immediately after a priest was committed for contempt for refusing to +divulge the secrets of the confessional, in 1813, New York enacted the +following law: "No minister of the gospel, or priest of any denomination +whatsoever, shall be allowed to disclose any confession made to him in his +professional character, in the course of discipline enjoined by the rules +or practice of such denomination." A similar law has been adopted in the +following States and Territories: Alabama, Arizona, California, Colorado, +Idaho, Iowa, Kansas, Kentucky, Michigan, Missouri, Nebraska, Nevada, North +Dakota, Ohio, New York, Oklahoma, South Dakota, Utah, Washington, +Wisconsin, Wyoming, and Hawaii. The secrets of a secret society are not +privileged, and a member as a witness must answer all relevant questions +in court.(396) + +*222.* _Privilege, Answer._--When a question concerning a matter privileged +is put, the priest should say: "I claim my privilege as a clergyman and +ask the court not to require me to answer"; "Whatever he said concerning +the matter, was said to me in the confessional as a priest"; "I talked +with him about the matter only in my professional capacity as a priest and +confessor"; "I did not speak to him about the matter except in my +confidential capacity as priest;" or a similar statement that sets up the +clergyman's privilege without giving facts. A clergyman should not say: +"He confessed it to me," or "He told it to me in confession," or give any +other answer that implies what was said in confession, as jurors are +always watching for a hint of what was said. Neither should the priest +say, "I refuse to answer," without stating that he refuses because of his +privilege as a clergyman. 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 confessor.(397) + +*223.* _Admissions, False Statements._--Admissions or statements made to a +clergyman not in his capacity of confidential adviser or in the course of +discipline, are not privileged.(398) Neither are false statements made to +a committee investigating charges; but all statements made to such a +committee or an officer of the church, unless false and made with malice, +are privileged.(399) + +*224.* _Anonymous Letter, Clergyman._--Where a priest received an anonymous +letter alleged to have been written by a defendant, which he read to her, +he was not disqualified from testifying that she was excited and that she +stated she had no idea how the fire started, and that the letter was +unknown to her, etc.(400) The mere fact that a communication is made to a +clergyman does not make it privileged. 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 +adviser.(401) When a matter is privileged, it is not left to the witness +whether or not he shall testify concerning it; but he can not testify +without the consent of the other party.(402) + +*225.* _Voire Dire._--Where a priest made a preliminary examination of a +woman to ascertain her mental capacity to make a confession, her answers +in such preliminary examination were admissible in a contest on a will; +but her confession was not admissible.(403) + +*226.* _England, Confession._--The rule is now accorded priests in England, +but was not formerly. Where a priest turned a watch over to its owner, the +court ordered him, under pain of contempt, to tell where he got the +watch.(404) But in another case it was held that a priest need not divulge +the confession of a defendant who was held for crime.(405) + +*227.* _United States, Rules._--In the United States courts, the rule +prevails that such confidential communications to a priest shall not be +divulged.(406) + +*228.* _Presumptions, Usage._--The usage of a church or the laws of its +organization as a religious society, if they are to be considered in +deciding legal controversies, must be proved as facts.(407) In the absence +of proof, it will be presumed that subordinate bodies, as congregations, +can not dissolve their connection with the principal organization without +permission.(408) + +*229.* _Funeral Expenses._--Witnesses' opinions as to the reasonable amount +for burial or as to the cost of a funeral being reasonable, are not +binding on a court or jury. The station of a man, the property that he +leaves, the life that he has followed, all should be considered by the +court. The whims and notions of societies and others are of minor +consideration. Those who make funeral expenses that are not allowed by the +court must pay them.(409) + + + + + +CHAPTER XIX. CONTRACTS + + +*230.* _Business, Religious Service._--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 charter, subject to all laws of legal +contracts in the business world. When the consideration is a religious +service duly performed, there seems to be no objection to it. Therefore, a +minister may collect for preaching a sermon, attending the sick, or saying +prayers, or performing any other religious service. But an incorporated +church has no authority to enter into a contract for an ulterior purpose, +such as the employment of a vessel for the purpose of an excursion.(410) + +*231.* _Incorporated Body._--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 trustees, or through an agent authorized by a vote of one +body or the other.(411) + +*232.* _Mortgage, Deficiency Judgment._--Where a mortgage had been +foreclosed against church property before the congregation was +incorporated, a deficiency judgment can not be rendered against such +church corporation.(412) But where a congregation was incorporated after a +debt had been incurred and took charge of the property, it assumed the +debt.(413) + +*233.* _Building Contracts._--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 meeting. In some +States the individuals are held only to the amount that each subscribes, +but in other States each individual is liable for the entire debt.(414) + +*234.* _Individual Promise, Subscriptions, Signature._--An individual +promise to give a donation to charity, can not be enforced.(415) But +subscriptions to build a church or other charitable institution or to pay +the salary of a clergyman when signed by more than one person, have been +held binding in some cases on the disputed rule of a-promise-for-a-promise +consideration.(416) In the foregoing cases the donor might revoke his +subscription or in case of his death his estate would not be liable.(417) +However, when expenses have been made or steps taken in the carrying out +of the object of the subscriptions, the general rule is that the +subscriptions become binding contracts.(418) If the object of the +subscriptions be abandoned or changed without the consent of the +subscriber, he is thereby released. A promissory note given for the +subscription, unless negotiated for value in due course of trade, does not +change the foregoing rules.(419) Where many persons subscribed to build a +church and some of them failed to pay, one who paid brought an action on +behalf of himself and others and collected the unpaid subscriptions.(420) +The defendant Nalty signed "Nalty Family, $1,000," but he was held +personally liable.(421) + +*235.* _Special Purpose, Suit._--When money is subscribed for a special +purpose, as for rebuilding a church, it belongs to the church +organization; and in a suit to recover the money the action should be +brought in the name of the corporation, if incorporated, and if not +incorporated it should be brought in the name of the interested +party.(422) + +*236.* _Promise, Consideration._--A promise made by the owner of land to a +trustee for the benefit of a religious society, that he would convey the +land to such society if it would build a church thereon, is a good and +lawful consideration; and after work was begun on the church, the contract +was enforceable in a court of equity.(423) + + + + + +CHAPTER XX. PEWS + + +*237.* _Sold, Rented._--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 church. After the Reformation, the ordinary or bishop was +granted the right of "faculty" to rent or sell pews.(424) + +*238.* _Incorporeal Hereditament._--The English title in a pew is in the +nature of a right of way through another's land; it is an incorporeal +hereditament. In the absence of express law, the title to pews in this +country is said to be in the nature of real estate, and in fact not very +different from the English title.(425) In some States the title is made +personal property by statute.(426) And in others the courts have inquired +into the law of the church and adjudged the title accordingly.(427) The +general rule is that the owner of a pew simply has an easement.(428) + +*239.* _Catholic Church, Pew Rights._--In the Catholic Church, by the canon +law, the ownership in or control over a pew is forbidden to laymen. +Notwithstanding that, if the party holding the title violates the rule of +the church by giving a deed to the pew-holder, the courts would probably +sustain his title.(429) However, as the clergy can neither rent nor sell +pews without becoming subject to the law of the land and the jurisdiction +of our courts, it is important to know what the law of the State is. + +*240.* _Land, Use, Rent Pews._--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 congregation, 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 elected, as the parish priest was the agent of the +bishop.(430) + +*241.* _Trustees, Sale in Perpetuity._--Without authority of law the +trustees of a church can not make an absolute sale in perpetuity of a pew +without any reservation of rent.(431) The sale of a pew in a church will +be determined in a case according to the particular facts.(432) + +*242.* _Pew, Right to Occupy, Conditions._--A grant of a church pew in +perpetuity does not give the owner an absolute right of property as a +grant of land in fee; but gives only a right to sit therein, although he +may maintain an action in court for protection of his rights.(433) 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 pew.(434) 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 price, +is not invalid.(435) Where a pewholder held his pew by a certain agreement +and after the church had been remodeled he bought a different pew, the +conditions attached to the first pew did not apply to the last.(436) 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 estate.(437) + +*243.* _Tax, Assessment._--A tax assessed upon the pew of a religious +corporation in part for purposes not specifically named in a deed of the +pew, which alone gives the power to make such an assessment and which +strictly defines and limits such power, is invalid _in toto_.(438) The +right to make an assessment on pews must be founded upon law, else it can +not be enforced.(439) When a congregation sells pews at auction rent free +for the purpose of building a church, it has no power thereafter to assess +the pews for the salary of the minister.(440) + +*244.* _Pewholders' Rights._--A pewholder has the exclusive right to occupy +his pew when the house is used for the purpose for which it was erected; +but he can not convert his pew to other purposes not contemplated.(441) If +he has paid his pew-rent according to agreement, he is entitled to use his +pew on all occasions when the house is occupied, even when it is open for +purposes different from those mentioned in the conveyance thereof; and he +has the right to exclude all others from his pew by fastening the door or +otherwise, and any one who enters his pew knowing the facts, is a +trespasser and liable to an action for damages.(442) 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 conditions. By placing anything offensive about his pew, he may be +liable for maintaining a nuisance, and such offensive thing may be +removed; but, as far as possible, it must be removed without damaging the +pewholder's property.(443) + +*245.* _Rebuilding, Remodeling._--An injunction was granted on the bill of +pewholders, restraining the authorities of the church from pulling it +down, as they were going to use the materials in the erection of a new +church on a different site. On the answer, the injunction was dissolved on +the ground that if the complainants had rights which would be violated, +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 +injunction.(444) 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 +pewholder.(445) But when it becomes necessary for the purpose of repairing +or remodeling a church, to destroy old pews, a pew built by a member under +contract with the church can not be removed or destroyed without +compensation.(446) Pew rights are subject to the right of the parish to +pull down and rebuild a church either as a matter of necessity or +expediency, but in the latter case the owner of a pew is entitled to +payment.(447) A pewholder has only the right to occupy his pew during +public worship, and when the church has become so out of repair that it +can not be used for public worship, the owner of a pew can recover only +nominal damages for injuries to his pew.(448) + +*246.* _Selling Pew on Execution._--In an action to recover the value of a +pew sold at auction, the merits of the case will be tried according to the +law of the land.(449) It is doubtful whether a pew in a church can be sold +for private debts of the pewholder.(450) It depends somewhat upon the +title and State law of exemptions.(451) To render an attachment of a pew +valid, it is not necessary for the officer to come in sight of the pew or +even to enter the church.(452) + +*247.* _Members, Pew._--Members of the congregation may be required to pay +for a pew or sitting in the church, and where a priest ejected a member +from the church because he would not rent a pew, he was sustained by the +court.(453) + +*248.* _Free Church, Seats, Lease._--The trustees of a free church may +assign seats and forcibly remove one from a seat without authority.(454) +Where a pew is real estate, a pewholder may acquire the right to it by +prescription in the usual way.(455) Where pews are not rented and the +members support the church by voluntary subscriptions, they have equal +right to the occupancy of the pews. But where the church builds the pews +and rents them, a man paying rent for a pew holds it under lease in the +nature of a lease to real estate. However, he does not obtain all the +rights of a lessee of land, and in many cases a rule of the church governs +the holding of pews, which will be observed by the State courts.(456) + +*249.* _Executors, Pew-Rent._--The executors of a pew owner are not bound +to pay pew-rent accrued after the owner's death. + +*250.* _Voting, Pew-Rent, Arrears._--Where a church is incorporated and by +its charter or the laws of the State it has authority to make reasonable +by-laws, a by-law which prohibits any person from voting whose pew-rent is +in arrears for more than two years, is valid.(457) + + + + + +CHAPTER XXI. PROPERTY + + +*251.* _Unincorporated, Trustee._--The question whether an unincorporated +religious society may take a gift or devise, is determined by the law of +domicile.(458) Generally an unincorporated religious association can not +hold property in its assumed name, but it must be held by conveyance in +trust to a trustee named.(459) + +*252.* _Charter, By-Laws._--When the charter or by-laws of a church +corporation provide that they may be altered, such changes may, after the +execution and delivery of a deed, immediately adhere to the title.(460) + +*253.* _Suits, Corporation, Members._--Cases may occur in which the +corporation in its corporate capacity, or the society in its collective +capacity, may be a plaintiff or a defendant in a suit between it and one +or more members of the religious society in their individual capacity or +in their collective capacity, in a quasi-conspiracy or concerning other +torturous acts, or a collective contract.(461) + +*254.* _Deed, Court, Title._--A deed made in pursuance of an order of a +court having jurisdiction passes good title.(462) + +*255.* _Subscription, Lots._--Any one may convey title to a church as his +part of the subscription by merely marking it on a plat made by him, as +lots donated to such church.(463) + +*256.* _Misnomer, Identity._--The misnomer of a religious society or +corporation will not invalidate a mortgage where the identity of the +society can be clearly shown.(464) + +*257.* _Adverse Possession, Color of Title._--A religious corporation may +obtain title to land by adverse possession. The length of such possession +is determined by the laws of the State, the usual period being twenty +years.(465) Unless the laws of the State require it, color of title at the +time of asserting adverse possession need not be shown.(466) + +*258.* _Sale, Restrictions._--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 debts. However, it is not a common law right.(467) + +*259.* _Deed._--A deed to "The Evangelical Order of Christians" was +sufficiently definite for a valid conveyance.(468) + +*260.* _Error._--A clerical error in the name of the grantee will not make +a deed void. However, when such error has been discovered, it should be +corrected.(469) + +*261.* _Mortgage, Bishop, Debts._--The archbishop of a church to which +property is bequeathed, can not mortgage it without authority from the +church or under the law.(470) Also, the bishop of a diocese to whom land +had been conveyed in trust for a particular congregation, could not +execute a valid mortgage thereon to secure his own indebtedness.(471) But +a religious society in the absence of prohibitionary legislation, has +power to mortgage its property to secure its debts.(472) + +*262.* _Deed, Trust, Fee._--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 ground, gave the bishop an estate in fee.(473) + +*263.* _Debts, Creditors._--A committee of a religious society authorized +to sell lands to raise money to pay its general debts, is not authorized +to execute a mortgage for the purpose of securing various creditors +holding claims; 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 +action.(474) + +*264.* _Mortgage or Sale, Notice, Consent._--Whenever there is to be a +mortgage or sale of the church property, if it is to be done by the +corporation, it must be done strictly in accordance with the charter and +laws of the corporation, and if those do not provide therefor, 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 thereon. If all the proceedings are regular and the proper +officers (president and secretary) of the corporation be authorized to +make a conveyance, it is good in law.(475) However, if the irregular acts +of officers or members of a congregation are subsequently ratified in a +lawful manner, they become binding.(476) When consent of the court is +required, it must be obtained.(477) + +*265.* _Title, Taxes, Judicial Notice._--If the title is in the bishop in +fee in accordance with church law it is not "owned by any religious +association" and is liable for taxes. The laws of the Catholic Church are +not the subject of judicial notice, but must be alleged and proved as any +other fact.(478) + +*266.* _Title, Diocese, Rule._--Where the title to the property of the +diocese was in the bishop for the use of the church and subsequently the +diocese was incorporated, the bishop was not divested of title and it was +still necessary to have the property conveyed by deed.(479) In some other +States, however, the contrary rule prevails.(480) + +*267.* _Priest, Deed, Funds._--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 congregation, the conveyance will not be decreed by the +court only upon the clearest and most satisfactory evidence.(481) + +*268.* _Monks, Missions, Title._--The fact that the monks or priests were +at the head of the missions in California when it was acquired by the +United States, does not prove that the Catholic Church had universal +ownership of the property.(482) The acts of Congress giving the city of +San Antonio authority to sell public lands, was intended, no doubt, to +dispose of mission property, but it was held not to affect the Catholic +Church, the title to which had been confirmed by another act of +Congress.(483) + +*269.* _Texan Revolution, Land._--At the time of the Texan Revolution, a +Catholic church held no real estate of perfect title, but enjoyed only the +use of the land that it possessed and continued so to occupy after the +admission of Texas into the Union.(484) + +*270.* _Priest, Agent, Deed._--The priest in charge of a congregation is +the agent of the archbishop, and where the title to the real estate is +conveyed by absolute deed to the bishop, the congregation, against the +protest of the priest and without obtaining leave from the bishop, has no +right to tear down a church for the purpose of rebuilding or repairing +it.(485) And a priest in charge of mission property may maintain in his +name an action to recover its possession.(486) + +*271.* _Devise, Uncertainty._--A devise of property "to the Roman Catholic +Orphans" of a certain diocese, 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 orphans, is void for +uncertainty.(487) + +*272.* _Donor, Ambiguous Provision._--The religious convictions of the +donor may be shown for the purpose of construing an ambiguous provision of +a deed or will.(488) + +*273.* _Trust, Evidence._--Without any trust being declared in writing, +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 +diocese, 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 law, usage, and +polity of the Roman Catholic Church.(489) At common law land may be +granted to pious uses before there is a grantee to take it. In the +meantime, the title is in abeyance.(490) Where the title to parsonage +lands is in the minister as a sole corporation, on his death the title +remains in abeyance until a successor is appointed.(491) + +*274.* _Money, Control._--Money raised by a Catholic congregation for the +purpose of building a church does not come under the absolute control of +the bishop or priest, although put into the hands of the latter for safe +keeping. It is subject to the control of the congregation, 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 +removed.(492) + +*275.* _Church, Building, Removing._--Where subscriptions were secured to +build a church at a particular place as a memorial to a certain person, a +congregation may be enjoined from tearing down the building and removing +it to another place.(493) But a court of equity will not prevent the +removal of a church where a majority of the congregation favors it, +although a legal meeting had not been held to determine the matter.(494) + +*276.* _Church, Use, Division._--A church guild that erected a building +adjoining a church for parish purposes, with the assent of the +congregation, can not deny the authority of the church and use the +building for other purposes.(495) 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 +church.(496) A court of equity will compel persons having charge of the +temporalities of a church, whether incorporated or not, to faithfully +perform their trust and to prevent the diversion of the property from its +original purposes. The court will not interfere in strictly religious +matters.(497) + +*277.* _Spanish Territory._--When Alabama was a part of Spanish territory, +a deed of land "to His Catholic Majesty for the purpose of building +thereon a parochial church and dwelling-house for the officiating priest," +the money being paid out of the royal treasury, did not constitute the +King of Spain a trustee for the church or transfer to the church in equity +a title to the lots.(498) + +*278.* _Trust, Purposes, Doctrines._--When a conveyance of a lot is made to +certain persons of a religious society and their successors in trust for +religious purposes, all the members become beneficiaries in equal degree +notwithstanding some of them may have contributed larger sums than +others.(499) Land conveyed to a church for valuable consideration belongs +to the church, whatever change may take place in its religious doctrines; +and if a minority secedes on the ground that they are the ones who retain +the original tenets of the church, they can not take with them either the +whole or pro rata share of the church property.(500) + +*279.* _Control, Revenues._--The trustees of a corporation of a church or +of a religious society have entire control over the revenues of such +body.(501) + +*280.* _Leave to Purchase, Title, Canons of the Church._--A congregation +wanted to buy a church and priest's house, but the archbishop refused +leave to purchase, but granted permission to keep the premises for +religious purposes for a time. The members formed a society and bought and +took title in the name of the "Lithuanian Benefit Society of St. Anthony." +Then the archbishop wrote them a letter requiring the deed of the premises +to be put in his name, which the congregation refused to do. A part of the +congregation brought a suit in equity to enforce the transfer from the +society to the archbishop. The court held that if the congregation was +under the church and acknowledged its authority, the title must be settled +by the canons of the church; otherwise, the majority of the congregation, +in a duly called meeting, should determine where the title should be +vested.(502) + +*281.* _Cemetery, Authority._--When a congregation that had title to a +cemetery for many years entrusted the management and sale of the lots to +the priest, he had thereby authority to create servitudes, such as alleys +to lots, which become binding on the congregation and all third +persons.(503) + +*282.* _Real Estate, Purpose._--A church has no power to acquire and hold +real estate for any purpose other than that of promoting the object of its +creation, and any contract entered into for a purchase of real estate as a +matter of speculation is _ultra vires_ and void.(504) + +*283.* _Limitation, Lands._--A statute of the State prohibiting a religious +society from holding more than twenty acres, applies to a single parish or +congregation and not to the entire denomination when it consists of more +than one congregation.(505) + +*284.* _Conditions, Bequest, Deed, Time._--Where property has been devised +for a particular purpose or on certain conditions attached thereto, the +law may be invoked to protect the fund according to the bequest.(506) 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 +Church, although the deed contained no clause of forfeiture, when the +congregation sold the property the grantor was entitled to have the deed +set aside and the title re-vested in himself.(507) And a grant made upon +condition that a church be erected thereon, prevents the grantee from +conveying it for other purposes without the consent of the grantor or his +heirs.(508) But where a devise was made on condition that a church be +built on the property within three years, the provision being a condition +subsequent, a court has the right to extend the time.(509) + +*285.* _Will, Forfeiture._--The provision in a will or deed that land shall +be used for purposes of a certain church, may create a trust for the +benefit of the church only and not a condition the breach of which would +work a forfeiture.(510) When a condition is put in a deed that it shall be +forever used as a burial ground for the interment of bodies, it is +doubtful whether the grantor and grantee together may change the uses of +the property. Therefore, it is important in taking deeds to cemeteries to +have no condition whatever, unless such conditions are desired.(511) + +*286.* _Condition, Quit-Claim._--After conveying land upon a specified +condition, the grantor then gave a quit-claim deed, and the court held +that that relieved the grant from the condition.(512) + +*287.* _Bishop, Trust, Successors._--A deed of land to the bishop of a +church for a Protestant Episcopal church in fee simple, created a trust +and on the death of such bishop the title passed to his successors.(513) +Where a grantee in a deed absolute on its face, is in fact archbishop of +the Roman Catholic Church for his diocese, 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 uses. And property so held by a +Catholic bishop in trust for the diocese, or in trust for a congregation, +school, cemetery, or asylum, for the separate use of each, is not +chargeable with any part of the expenses of another one or for improving +the church property generally in the diocese.(514) + +*288.* _Trustees, Vacancy._--When land is conveyed to certain persons as +trustees of a church and their successors lawfully appointed, 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 discipline.(515) But an attempt to +sell real estate of a religious society against the provisions of its +charter, will be prevented by a court of equity.(516) + +*289.* _Church, Majority, Change._--When property is conveyed to a church +having a well-known doctrine, faith, and practice, 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 +doctrine.(517) + +*290.* _Title, Harmony, Division._--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 denomination; and the ecclesiastical laws and +principles which were accepted among them before the dispute began, are +the standard for determining which party is right.(518) In other cases the +division of church property, where there is a division of the +congregation, depends upon its particular facts.(519) Where $400 was +bequeathed to a Lutheran congregation in S----, there being at the time of +the making of the will but one Lutheran congregation in the place, but +subsequently a majority of the trustees and members with the pastor left +the church and built a new one, the old church continued vested with the +title to the property and all its funds.(520) + +*291.* _Perversion, Misuse, Suit._--Unless there is substantial departure +from the purpose of the trust which amounts to a perversion of it, a court +of equity will not interfere to prevent the misuse or abuse of a trust of +a religious nature. In actions in the State court, if the church is not +incorporated, an action should be brought in the names of the members +collectively, and if they are too numerous to be all named, the suit may +be brought in the name of one or more of them for the whole. The same +rules apply to religious societies when sued. However, in some dioceses, +particularly in the Catholic Church, 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 defendant.(521) + +*292.* _Rights, Contracts, Torts, Crimes._--Vested property rights, +contracts, torts, and crimes, are usually subject to the laws of the State +and the control and judgment of a church tribunal is seldom final. While +the State courts have no ecclesiastical jurisdiction and can not revise or +question ordinary acts of church discipline, they have the power to +adjudicate conflicting claims of parties to the church property or the use +of it.(522) + +*293.* _Cemetery, Assessments._--Where a lot was bought for the purpose of +building a church but was used for a cemetery, and a church was built at +another place and the deed to the lot was taken in the name of the +trustees, 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 pavement, as they had no legal or equitable +interest for the protection of which they could claim the interposition of +a court of equity.(523) + +*294.* _Burned, Revert, Vested._--The fact that a church on lands donated +to the parish, on condition of sustaining the church, burned down, the +title did not revert to the grantor's heirs.(524) Also land granted a +bishop for church uses, vested immediately in him and was not forfeited +because it was not used for church purposes.(525) + +*295.* _Abandoned, Revert._--Land granted to trustees and their successors +forever in trust to erect a Methodist church, according to its rules and +discipline, which was used for such church for a long time and then +abandoned and sold to parties who converted it into a blacksmith shop, did +not thereupon revert in the absence of a provision to that effect.(526) + +*296.* _Uses and Trusts._--The chapter of the Wisconsin statutes on +religious societies, although not included in the same title as the +chapter abolishing all uses and trusts excepting as therein created, was +not intended to prohibit the trusts expressly authorized by the +former.(527) + +*297.* _Trust Funds, Account._--Where a member of the church received funds +to invest in his own name for the benefit of the church, he will be +obliged in a court of equity to give full account for the money and its +profits.(528) + +*298.* _Fund, Diverted, Split._--A fund created for a particular purpose, +as the education of children in the faith and doctrines of a denomination +at the time the fund is created, can not be diverted from its original +object.(529) Neither can such a fund be split up when a congregation is +divided, but must be retained as created.(530) + +*299.* _Church, Personalty._--A church removed from its foundation and put +on rollers was severed from the realty and became personal property.(531) + +*300.* _Lease, Purposes._--A religious literary society and scientific +corporation has power to lease part of a building owned by it for +theatrical and operatic purposes.(532) + +*301.* _Salary, Lien, Equity._--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 property.(533) A +contractor is entitled to a lien on the church property for work done on +the building.(534) A person who became liable for the debts of the +congregation incurred in the purchase of church property, obtained relief +in equity by subjecting the church property to a sale.(535) + +*302.* _Bankruptcy, Creditors._--There is no provision of law for a church +corporation to make an assignment in bankruptcy. However, the church +corporation may be sued and a receiver appointed to take possession of the +property and sequester the assets.(536) But where assignments in +bankruptcy and a sale and conveyance of church property are lawful, the +church property may be assigned for the benefit of the creditors.(537) + +*303.* _Jurisdiction, Process._--In order to obtain jurisdiction where +there are contentions between various persons claiming to be officers, 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 +served.(538) + +*304.* _States, Property, Restrictions._--Some States restrict the quantity +and use of property that a religious society or church may hold. Other +States have no restrictions; but nearly all the States have some statutory +law on the subject, which is changed so frequently that it would be +useless to give the provisions of such law in this work.(539) + +*305.* _Land, Limitation._--A statute of Illinois relating to Catholic +societies contains no limitations on property rights, but it was held that +the general law applied, and that an organization having ten acres could +not acquire additional land by devise. A conveyance of land to a +corporation after it has taken all the land allowed by law, is void.(540) +In Kentucky where a church is limited to fifty acres and a devise was made +to a church for the benefit of foreign missions, it was held valid under a +statute providing that all devises for relief of aged, impotent, poor +people, churches, or for any other charitable or humane purposes, shall be +valid.(541) Maryland's peculiar law by which leave must be obtained from +the Legislature for a conveyance of more than two acres of land, has been +construed to give the Legislature authority to ratify a conveyance that +otherwise would be void under the statute.(542) Also, it was held in the +same case that a church might acquire more land, but that it would be +restricted with regard to its use. A statute prohibiting a religious +society from holding more than twenty acres of land applied to a single +religious society and not to the denomination.(543) Where the territorial +law provided that no religious corporation should hold real estate of +greater value than $50,000, a receiver was appointed for the Mormon +corporation.(544) + +*306.* _Corporations, Bequests._--Foreign religious corporations may be +entitled to recover bequests made to them in some States; but the general +rule is that a foreign religious society has no better right to take +property by devise than a domestic corporation.(545) When the statute +requires a conveyance to specify the purpose for which a religious society +takes land, the failure to so specify renders the deed void.(546) 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 +worship.(547) + +*307.* _Collateral Attack._--A devise of land to a religious society which +will increase the title beyond the amount that is allowed by statute, can +not be attacked collaterally by a private individual.(548) It is for the +State and not for the individual to make inquiry into excess on the part +of a religious society in its accumulation.(549) + + + + + +CHAPTER XXII. RELIGIOUS SERVICES + + +*308.* _Worship, Discipline, Innovations._--The denomination itself, +according to its rules and regulations, determines what services shall +form a part of its public worship. The inferior authority in the church +has no right to violate the discipline by innovations. Whether or not +devotional singing may be accompanied with instrumental music, must be +determined by those who administer the discipline of the church.(550) + +*309.* _Doctrines, Temporal Affairs._--The fact that the congregation sells +the pews does not give the owners the right to determine what doctrines +shall be preached in the church, nor who shall preach them.(551) A +majority of a local church can not change the faith of the church against +the protest of the minority.(552) The corporation of the congregation is +governed by the majority only in temporal affairs.(553) However, some of +the Protestant churches are so independent that a vote of the congregation +may transfer them from one denomination to another.(554) + +*310.* _Contributions, Presbyterians, Methodists._--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 +therein, all of which was a condition of the subscriptions for +establishing the church, when the Presbyterians sold out to the Methodists +and they held it for their own exclusive use, those who contributed the +money had the right to resort to the court to enforce their rights to +worship in such church.(555) + +*311.* _True Religion, Courts._--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 denomination. If no +question of property or civil rights arises, the court will not +interfere.(556) + +*312.* _Heresy, Injunction._--Where a minister did not preach the doctrine +and the entire system of Calvinistic theology received and taught by that +denomination, he had no right to the pulpit of the church, and the court +granted an injunction against his officiating therein.(557) + +*313.* _Bequest, Sects, Condition._--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 such, the trustees in whom the title vested had no +authority to sell without the consent of the grantor or his heirs; and the +congregation having sold the church property and it having been thereafter +used for a store, the grantor's heirs had a right of entry for condition +broken.(558) + +*314.* _Sexton, Undertaker, Authorities._--The sexton who has charge of the +church property may lawfully remove from the church an undertaker who, +after being warned to desist and leave, persists in conducting the funeral +in violation of rules prescribed by the authorities of the church.(559) + + + + + +CHAPTER XXIII. BEQUESTS, DEVISES, AND GIFTS + + +*315.* _Statutes, Wills._--In some States a religious society can not take +under a will, and a bequest of money to a church is void.(560) In +Connecticut any devise to a religious corporation not expressly authorized +by statute, is void.(561) In Maryland leave to devise land to a religious +society must be obtained from the Legislature.(562) In all the States it +is safest to consult and carefully follow the statute in drawing a will. + +*316.* _Masses, Alabama._--Formerly as a rule of the English common law, it +was held that bequests and devises for the purpose of having Masses said +for the soul of the deceased, were void as superstitious uses; but under +Article 1 of the Amendments to the United States Constitution, and under +similar provisions in the constitutions of the several States, the English +rule does not prevail in the United States. However, Alabama adopted the +English rule.(563) By reading the foot-note to the Alabama case, it will +be found that a majority of the States hold that such bequests are +lawful.(564) Even in Alabama if the bequest had been to a clergyman or a +certain person and accompanied by a request to say Masses, the court might +have allowed it.(565) + +*317.* _Name, Bequest, Corporation._--A mistake in a name does not render a +bequest or a gift void if the person intended can be identified.(566) +Also, a devise may be made to a corporation not yet organized and when it +is organized the gift or devise will vest. During the interim, it will +remain in abeyance.(567) + +*318.* _Clergyman, Undue Influence._--A clergyman who is a grantee in a +deed from a parishioner, although deriving no benefit therefrom, has the +burden of showing good faith in the transaction as the law presumes that +he is guilty of undue influence. This presumption is further strengthened +by proof of the enfeebled condition of the grantor by age and illness and +his susceptibleness to influence. Where the property conveyed in trust for +the parish was greatly in excess of its needs, the deed was set +aside.(568) + +*319.* _Contest, Secession._--In case of a devise to a church which is +claimed by two societies, 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 declared.(569) However, to +maintain such action it must be brought by the proper parties.(570) + +*320.* _Bequests, Membership._--Bequests left to individuals on condition +that they shall remain members of a certain church, can be obtained only +by complying with such condition.(571) + +*321.* _Conditions, Religious Tenets._--In order to determine the +conditions of a trust the religious tenets of the donor may be shown to +aid in construction of ambiguous provisions.(572) + +*322.* _Name, Uncertainty._--A bequest to Georgetown University, in the +District of Columbia, which was incorporated under the name of "The +President and Directors of Georgetown College," is not void for +uncertainty, as the only institution of learning in the District of +Columbia is Georgetown College.(573) + +*323.* _Future Uses, Uncertainty._--A devise to a foundling or eleemosynary +institution, whenever the Christians should create one which the trustees +approved, is valid.(574) And a devise to the "First Christian church +erected or to be erected in the village of Telfairville, in Burke county, +or to such persons as may become trustees of the same," is good as a +charitable bequest.(575) A bequest to a priest to hold in trust and pay +over to the Sisters for the Poor, is valid.(576) A bequest for the care of +a tombstone is valid in some States and not in others without a statutory +provision.(577) A bequest to the bishop "to be by him used for Roman +Catholic charitable institutions in his diocese," sufficiently describes +the beneficiaries and is good.(578) Also, a bequest to Bishop England "in +trust for the Ladies of the Ursuline Order residing in Charleston in the +State of South Carolina," was held for "The Ladies of the Ursuline +Community of the city of Charleston."(579) A bequest for Masses "to a +Roman Catholic priest that shall succeed me in this place," was held void +for uncertainty.(580) A bequest in trust to a bishop by name to sell and +give the proceeds to a society named, is not a devise to the society, but +to the bishop in trust.(581) + +*324.* _Education, Priesthood._--A devise or bequest to a clergyman of +property to be used for the education of poor Catholic boys for the +priesthood, was sustained in court as sufficiently definite for +performance.(582) + +*325.* _Charitable Trust, Cy-Pres._--Equity will not allow a charitable +trust to fail for want of a trustee, but will appoint one.(583) The +doctrine of _cy-pres_ as applied to charitable gifts and trusts, is not in +force in Alabama, Connecticut, Delaware, Indiana, Maryland, Iowa, New +York, North Carolina, nor Wisconsin; but seems to prevail in California, +Illinois, Massachusetts, Missouri, Pennsylvania, and Rhode Island. + +*326.* _Error, Ambiguity._--Great latitude is allowed in charitable +bequests, devises, and gifts, in proving _aliunde_ the beneficiary +intended where there is error in the name or a latent ambiguity.(584) The +religion of the testator will be considered in proving intention. + +*327.* _Dissolution, Resulting Trust._--On dissolution of a religious +society, the money collected or derived from the sale of property goes +back as a resulting trust to the contributors.(585) + +*328.* _Charity, Institutions._--To determine what is a charitable trust, +devise, or gift, it is necessary to particularly bear in mind the most +comprehensive definition of charity. Legacies for schools, churches, +libraries, cemeteries, the poor, hospitals, and numerous other +eleemosynary institutions, have been sustained under charitable bequests +when they otherwise would have failed.(586) + + + + + +CHAPTER XXIV. TAXATION + + +*329.* _Purposes, Exempt._--Only church property that is actually used for +church or charitable purposes, is exempt from taxation. Property held for +its increase or profit is not exempt.(587) Land bought for a church on +which no work on the church is yet begun, is not exempt from +taxation.(588) + +*330.* _Lot Isolated, Not Exempt._--A lot isolated from the other property +of the church of a congregation, is not exempt because the congregation +intends to build a church thereon in the future, and actually did build a +church thereon two years later.(589) + +*331.* _Bishop's Residence, Hospital._--Real property the title to which is +in the archbishop in fee in accordance with the discipline of the Catholic +Church, is not owned by a religious association so as to exempt it from +taxation. The records do not show a trust for the diocese nor any other +beneficiary. A court will not take judicial notice of the laws of the +Catholic Church.(590) But property used as a hospital to care for the sick +and wounded of all races and religions indiscriminately, with or without +pay according to the ability of the patient, is a benevolent institution +engaged in a work of charity, and comes under the law of tax +exemption.(591) + +*332.* _Parsonage, Rented._--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 services, to-wit: morning +prayers of the children before school, a sewing society, and a meeting +place for Sunday-school teachers.(592) However, a house and lot rented and +kept by the minister was exempt from taxation.(593) + +*333.* _Masonic Order, Charity, Elks._--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 society, is not purely a public charity +within the provisions of the constitution relating to the exemption of +institutions of purely public charity from taxation.(594) And property +held by the Elks for entertainment and to promote social intercourse was +held not exempt.(595) + +*334.* _Supporting Church, Mississippi._--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 churches. 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 church. Maine +changed her laws in 1821, and other States followed from time to +time.(596) While those taxes were collected, no land within the parish was +exempt in some States and in others the property of a non-resident was +exempt.(597) In New Hampshire and Pennsylvania, a person could not be +compelled to pay the taxes to a denomination of which he was not a +member.(598) + +*335.* _Appropriations, Contracts, Rent._--Under the constitution of the +United States, Congress can not make appropriations nor give aid to any +denomination. Also, similar provisions are in many of the constitutions of +the States. However, many cases arise out of contracts, which border upon +these various rules, 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 thereto. Paying rent to a +congregation for a school-room is not an appropriation or aid to a church +contrary to the constitution.(599) + + + + + +CHAPTER XXV. ELEEMOSYNARY INSTITUTIONS + + +*336.* _Poor, Institutions, Negligence._--As hospitals, homes for the poor, +and other eleemosynary institutions are supported by money given to +charity, it would be a diversion of the trust funds if such institutions +could be compelled to pay damages for negligence causing personal injury +or death. The general rule is that the person causing the injury may be +liable, but not the institution.(600) However, 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 her.(601) + +*337.* _Surgeon, Gratuitous Services._--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 competent. The fact that besides such gratuitous services, +medicine is taught therein for tuition fees and patients who are able to +pay are charged a small fee for room, board, nursing, etc., but no fee +from the patient to the doctor, does not change it from a charitable +institution.(602) However, a hospital that is an adjunct to a medical +school is liable.(603) + +*338.* _Charitable Institution._--An institution that limits its +benefactions to the members of a particular denomination is, in the +absence of a statute to the contrary, a charitable institution.(604) This +rule has exceptions.(605) + +*339.* _Charter, Real Estate._--The trustees of a religious, literary, or +other benevolent society, can not, irrespective of the powers granted by +its charter, purchase and hold real estate under trusts of their own +creation which will protect their property from creditors.(606) + +*340.* _Mortmain, Title, Trust._--The statute of mortmain was never in +force in Pennsylvania, 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 +law.(607) The only States that have statutes of mortmain are Mississippi +and North Carolina. Yet in those States the statutes are somewhat +different from the law of England. + +*341.* _Public Institutions, Support._--Benevolent and charitable +institutions under a church are not public institutions, and moneys can +not be appropriated for their support.(608) + +*342.* _Nuns, Vows, Property._--When joining a society of nuns, 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 society. +A person who left the order was not concluded from making claim for her +property.(609) + + + + + +CHAPTER XXVI. SCHOOLS + + +*343.* _Parent, Education, State, Parochial Schools._--The right of the +parent to use judgment as to the proper necessaries of his child, +including board, lodging, and education, is generally conceded. However, +there must be no abuse of these parental rights, as the child also has +rights that even a parent can not infringe. Therefore, the State may +require a reasonable opportunity for the education of every child; and if +the parent can not give it on account of his poverty, it is in the power +of the State to take his child in charge and furnish him an education. The +right of the State to make laws requiring a parent to send his child to +school between certain ages, as from four to twenty-one years, is well +settled. 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 school, is not settled in some States; but it is being settled +in favor of the parent. The Kentucky constitution contains this provision: +"... nor shall any man be compelled to send his child to any school to +which he may be conscientiously opposed."(610) The right of the State to +supervise or inspect private and parochial schools under the police power +of the State can not be questioned.(611) + +*344.* _Orphan Asylums, School Moneys._--In 1850 the New York Legislature +enacted a law as follows: "The schools of the several incorporated orphan +asylums within the State other than those in the city of New York, 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 +therein, as the common schools in their respective cities and districts." +The court ruled that moneys devoted by the constitution to the State for +the support of common schools could not be distributed under the act, for +the reason that such asylums are not public schools; 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 districts.(612) The schools kept by the Roman +Catholic Orphan Asylum Society of the city of Brooklyn, are not common +schools within the meaning of the constitution, and a provision of law +that such schools should share in the distribution of school moneys raised +by the State was void.(613) + +*345.* _Contract, Direct Payment, Lease._--No school of any denomination or +sect is entitled to public moneys for its support, either by contract for +the education of students therein or by direct payment from the +government.(614) 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 purposes; but public school money expended for such a school +conducted by this school district could not be recovered by suit against +the school officers.(615) Also, a school maintained as a charity under +direction of trustees elected by the town where they must be of a certain +religion, is not entitled to public moneys.(616) 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 law.(617) In the States of Maine, +Iowa, Massachusetts, Illinois, Ohio, Kansas, and Texas, the reading of the +King James Bible and the singing of hymns and saying prayers have been +held not sectarian.(618) But in Wisconsin, the court ruled the other +way.(619) + +*346.* _Teacher, Lord's Prayer, Exercise._--"A public school teacher, who, +for the purpose of quieting the pupils and preparing them for their +regular studies, repeats the Lord's Prayer and the Twenty-second Psalm as +a morning exercise, without comment or remark, in which none of the pupils +are required to participate, is not conducting a form of religious worship +or giving sectarian or religious instruction."(620) Substantially the same +rule applies in Pennsylvania.(621) However, similar religious exercises +conducted by Catholic teachers have generally been held sectarian and not +permissible in public schools.(622) + +*347.* _Ohio, Directors, Bible._--The constitution of the State of Ohio +does not enjoin nor require religious instruction or the reading of +religious books in the public schools. The board of directors of a +district has charge of the instruction and books to be used therein, and +their official discretion will not be interfered with. Therefore, they +were authorized to have the Bible read at the opening of the school.(623) + +*348.* _Public School, Bible, Prayer._--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 morning, and that each child shall bow the +head during such prayers; that any scholar shall be excused from bowing +the head whose parents request it; and when any scholar refuses to obey +such rule and his parents refuse to request that he shall be excused, the +committee may exclude such scholar from the school.(624) + +*349.* _Text-Books, State._--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 State.(625) + +*350.* _Bible, Conscience, Constitution._--The parent of a child expelled +from the public school can not maintain an action against the school +committee by whose orders it was done. In the same case it was held that a +rule requiring every scholar to read a particular version of the Bible, +though it may be against the conscience of some to do so, does not violate +the letter or spirit of the constitution.(626) + +*351.* _Schoolhouse, Sunday-School Purposes._--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 district, +notwithstanding that the officers of the district granted such right. A +taxpayer may obtain an injunction against such use, although the injury to +him be very slight, as he has no other remedy.(627) A district school +board can not authorize the use of the schoolhouse for any other than +school purposes.(628) + +*352.* _Child, Immoral Character._--The school committee in order to +maintain purity and discipline, may exclude therefrom a child whom they +deem to be of licentious or immoral character, although such character is +not manifested in acts of licentiousness or immorality within the +school.(629) + +*353.* _Parents, Studies, Teacher._--The requirement of a teacher that a +scholar in grammar shall write English composition is a reasonable one, +and refusal to comply therewith in the absence of a request from his +parents that he be excused therefrom, will justify the expulsion of a +scholar from school.(630) But when a parent selects certain studies that +the law provides to be taught for his child to study, the teacher has no +right to insist that the child shall take some other study and inflict +punishment to enforce obedience.(631) + +*354.* _Chastisement, Cruel._--The chastisement of a scholar by the +schoolmaster must not be excessive or cruel, but it should be reasonably +proportioned to the offense and within the bounds of moderation.(632) + +*355.* _Schoolmaster, Authority._--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 home, yet he may on +the pupil's return to school punish him for any misbehavior, though +committed out of school, which has a direct and immediate tendency to +injure the school and to subvert the master's authority. 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 +unnecessary. However, where there is a reasonable doubt the master should +have the benefit of it.(633) + +*356.* _Force, Assistance._--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 master, the master may immediately use such force and call +to his assistance such aid from another person as may be necessary to +remove the scholar. The same rule would apply to any one who is not a +scholar and intrudes upon the school.(634) + +*357.* _White, Unmarried._--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 age, he must be of white blood and unmarried.(635) In +Ohio, negroes, Indians, and children of less than half white blood, were +not entitled to the benefit of the school fund; and even where this would +entirely exclude from school children not sufficient to form a district, +still it was held that such children could not attend the white +school.(636) + +*358.* _Facilities, the Constitution._--So long as abundant facilities are +given for the education of all the children of a district, it is not a +violation of the constitution of the United States to keep negro and white +people separated. The same rule applies to courts.(637) + +*359.* _Residents, Public Schools._--Children in a German Protestant orphan +asylum are not "children, wards, or apprentices of actual residents" in +the district of the asylum, and therefore are not entitled to enter the +public schools of the district.(638) + +*360.* _Board, Majority._--Two of the three members of a school board have +no authority to act by themselves, and their individual agreement to +dismiss a teacher is void. A school board can only act at a duly called +meeting of the board, and then the majority vote duly taken decides.(639) + + + + + +CHAPTER XXVII. PARENT AND CHILD + + +*361.* _Custody, Maternal Relatives, Father._--A parent is entitled to the +care and custody of his child if he is competent to transact his own +business and not otherwise unsuitable. 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 parent, does not render the parent +unsuitable to have its care and custody within the meaning of the statute. +Also, 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 time, is not +sufficient to render him unsuitable. But the right of the father may be +lost or forfeited by his ill-conduct, gross ill-treatment, cruelty, or +abandonment, or when his conduct and life are such as are injurious to the +morals and interest of his child. When the father dies or forfeits his +right for reasons already given, the mother, if alive, succeeds to all +those rights, subject, however, to the same conditions as the father. And +in the case of a child of tender years, the good of the child has to be +regarded as the predominant consideration.(640) + +*362.* _Mother, Illegitimate, Father._--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 child.(641) 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 corpus_. This rule is different +from the one that prevailed in the Roman law.(642) However, when the +father has given bond for the care, support, and education of an +illegitimate child, his right to the custody of the child may be +superior.(643) + +*363.* _Legitimatized._--And when under a statute a child is legitimatized +by acknowledgment or subsequent marriage, the father has the better right +to its custody.(644) Usually there are many provisions in the statutes of +the various States which substantially provide for the rights, relative +and otherwise, of the parents and child in such cases. + +*364.* _Punishment, Instrument, Murder._--A parent or a person _in foro +domestico_ or _in loco parentis_ may give reasonable corrective punishment +with a fit instrument to a child. But if a parent or master whips a child +so that it dies, he is guilty of manslaughter. And if he uses lethal +instruments of punishment, he is guilty of murder.(645) Where a mother in +anger threw a poker at one child and hit and killed another child, she was +guilty of manslaughter.(646) The punishment always becomes unlawful when +it is excessive, and drunkenness is no excuse.(647) + +*365.* _Guardian, Religion, Courts._--In England where a child was taken +from the testamentary guardian, who after the death of the testator +changed her religion from a Protestant to a Catholic, it was held thereby +to be incompetent to continue as guardian.(648) And in New York it was +held that where the father and mother were Catholics, the guardian must +endeavor to bring the children up in that faith, as a guardian will not be +permitted to proselyte wards.(649) But where a father who was a Catholic +allowed his child to be brought up by a maternal aunt who was a +Protestant, until the child was fourteen years of age, the father was not +then entitled to the child's custody for the purpose of having it +instructed in his own faith.(650) Courts will not interfere with the +religion of a child, but will allow it to be brought up in the religion of +its parents; however, the best interests of the child will be considered +by the court without conceding everything else to its religion.(651) + +*366.* _Convent, Consent._--A daughter under age who entered a convent to +become a nun without the consent of her mother, may, on a writ of _habeas +corpus_ on the petition of her mother, be required to leave the convent +and return to her home.(652) + +*367.* _Adoption, Rights, Duties._--Persons of suitable age and +circumstances to enter the marital relations, may adopt a child. When a +married couple do not unite in adopting a child, the consent of the +non-adopting spouse must be obtained. Also, if the child's parents are +living, their consent is necessary unless they have lost their paternal +rights by abandonment or divorce. The decree of adoption may be set aside +for good cause. The adopted parent has all the rights over and duties +toward the person of the adopted child that a natural parent has, +including necessaries and religious training. Usually the child inherits +from the adopted parents, but the adopted parents do not inherit from the +child. The statutes on adoption are not the same in the several States, +but they cover the subject and must be strictly followed.(653) + +*368.* _Infancy, Manumission, Marriage._--At common law a person is an +infant until he is twenty-one years of age. Statutes have modified that +rule so that girls in some States, and both girls and boys in others, may +contract marriage at an earlier age without the parental consent. +Generally, an infant can not contract marriage without the consent of the +living parent or guardian unless the child has been manumitted. Where the +boy was under the age of consent, but he falsely told the priest that he +was of full age, his father had the marriage annulled.(654) + + + + + +CHAPTER XXVIII. HUSBAND AND WIFE + + +*369.* _Custody, Father._--A husband is entitled to the custody of his wife +against her father, and where a son-in-law killed his father-in-law in +resisting the latter from taking his daughter out of his (the +son-in-law's) house, the court held that it could not be more than +manslaughter; and if it were necessary to kill to protect and maintain his +wife, the defendant was not guilty.(655) But for good cause and without +malice a parent may advise his child to leave spouse.(656) + +*370.* _Corrective Authority, Services, Domicile._--In America a husband +gains no right to corrective authority over his wife. He can neither whip +her nor use abusive language to her. The same rule applies to the wife, as +they stand equal before the law.(657) However, a husband is entitled to +all the services of his wife and a promise to pay her extra for housework +can not be enforced.(658) Also, the husband has the right to determine +their place of domicile, and if the wife unreasonably refuses to accompany +her husband, it is desertion, for which he may obtain a divorce.(659) + + + + + +CHAPTER XXIX. INDIANS + + +*371.* _Indians, Citizens, Wards._--There are a great number of statutory +provisions concerning Indians, both in the United States statutes and in +the statutes of the several States, most of which are not of great +importance at the present time, as the Indians are confined to a few +States. When they become citizens of the State in which they reside, their +status is the same as other citizens; but so long as they remain in their +tribal relations they are taken care of as wards of the Union. + +*372.* _Schools, Cemeteries, Churches._--In Oklahoma there are schools +provided for them. When a tribe cedes 160 acres to the United States, it +will give it a school for ten years, and as much longer as it deems +necessary. Also, the Indians may have their own cemeteries, schools, and +churches, where the Indians belong to the tribes, and they are allowed +lands therefor.(660) In other States, under the general law, 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 determine.(661) There is no doubt that out +of those moneys, parents might pay for their children at private +schools.(662) + +*373.* _Inspectors, Duties._--Under the United States laws, 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 Interior. The contracts for support +of religion, schools, and charitable institutions, come under their +duties.(663) + +*374.* _President, Trades._--The President may cause Indians to be +instructed in trades and agriculture and have them taught the elementary +branches.(664) + +*375.* _Commissioner, School, Rations, Bible, Sectarian._--Another officer +of great importance is the Commissioner of Indian Affairs, who has most to +do with the education and schools of the Indians.(665) He may require +parents and guardians to send children to school and withhold rations from +them for failure so to do. Also, there is a fund under the control of the +United States as trustee, with which he may make contracts for the +education of Indian children at private schools.(666) However, the +jurisdiction of the commissioner over Indian children does not extend to +those off the reservation.(667) Among other provisions of the United +States statutes is the following: "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 schools."(668) The Bible continues its +position among the Indians, but appropriations for the Church are cut off +by the following provision: "It is hereby declared to be the settled +policy of the government to hereafter make no appropriations whatever for +education in any sectarian school."(669) + + + + + +CHAPTER XXX. JUVENILE COURTS + + +*376.* _Reformatories, Object, Liberty._--During the past few years +juvenile courts have been created for the purpose of committing children +to reformatories. The proceedings are not criminal actions, but of an +equitable nature.(670) However, as the object is to deprive the child of +its liberty, the statute must be strictly construed and followed.(671) An +infant can not waive a right.(672) If a child has been wrongfully +committed or is wrongfully detained, the proper remedy for his discharge +is a writ of _habeas corpus_.(673) + + + + + +CHAPTER XXXI. LIBEL AND SLANDER + + +*377.* _Confidential, Tribunal, Malice._--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 church, +if not made with malice, are privileged, and no action for libel or +slander can be maintained therefor.(674) + +*378.* _Member, Officer, Councils._--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 church, are actionable and the person making or +publishing such statements is liable for damages. Also, a person who +repeats a libel or slander may be liable as though he were the +originator.(675) + +*379.* _Official Communication, Privileged._--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 +malice, is privileged.(676) + +*380.* _Priest, Pastoral Duties._--Where a priest published from the altar +that "Peter Servatius is excommunicated, because he laid hands on the +priest to put him out of the church, and he has no more benefit of the +prayers of the church. I will not pray for him, and consider him a lost +sheep and withdraw all my pastoral blessings from him. If he die, the +burial rights of the church will be denied him," such remarks were held +defamatory, unless they were spoken in the proper discharge of the +priest's clerical and pastoral duties and without malice; and the case +should have been submitted on the evidence to a jury.(677) + +*381.* _Church Record, Excommunication._--An entry of a church record that +"A report raised and circulated by A. B. against Brother C., stating that +he made him pay a note twice, and proved by A. B. as false," is +libelous.(678) But an entry of excommunication of a member made in the +record and shown to other members, is not libelous, the latter being +properly a part of the record and the former extraneous.(679) + +*382.* _Will, Libel, Action._--The will of a priest contained a statement +that a relative had received $300 from him for clothing, maintenance, +education, etc., and promised to repay it, but paid no part of it. Then +testator bequeathed said $300 to two legatees to collect for their own +use. The relative filed a petition asking the estate of the priest to be +held liable for a libel in the sum of $50,000 and the court held that as +the right of action did not accrue until after the death of the testator, +there was a right of action against the estate. As the case never got +beyond the probate court, its authority is doubtful.(680) + +*383.* _Language, Insane, Good Faith._--Unless the language is used by the +bishop in the line of his duty, a statement that a priest is irresponsible +and insane, that he was removed from his position of priest for good +reason, and that he has been guilty of ecclesiastical disobedience, is +slanderous _per se_. 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 duty.(681) + +*384.* _Rector, Bigamy, Tobacco, Liquor._--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 prisoner, it was held not privileged because it was not made +in confidence of the relation and was not kept as a secret.(682) 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 parish, and stating that he used tobacco and liquor, that he +was an untruthful man, and that his family was no credit to the community, +was quasi-privileged; and in the absence of proof that the charges were +false and malicious was not actionable.(683) + +*385.* _Newspapers, Criticisms, Priest._--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 given, since such conduct is +a proper subject of discussion; 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 manner, etc., it is not libelous because such +facts are not true, as it is not an affirmation of the truth thereof. +Where the alleged libel was published in a foreign language and the +correctness of the translation was disputed, it was an error for the judge +to instruct the jury that if the translation introduced in evidence was +correct, the defendant was liable, since plaintiff's right to recover +should not be made to depend on the absolute accuracy of the +translation.(684) + +*386.* _Clergyman, Discipline, Tribunals, Testimony, Argument._--What a +clergyman says in the administration of the discipline of the church or +what is said in tribunals to enforce discipline of the church, including +testimony and legitimate argument within the scope of the case, if said in +good faith and without malice, is not actionable in the civil courts.(685) + +*387.* _Physical Discipline, Imprisonment, Courts._--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 imprisonment. If the +clergyman desires to treat the charge as a church matter, he must go into +the church tribunal; otherwise, his proper course is to bring an action +for slander in the State court.(686) + +*388.* _Sermon, False Statement, Crime._--A clergyman may, by words used in +a sermon, slander a member of his congregation. However, if he makes no +false statement and does not falsely or maliciously charge a crime, what +he says in the way of discipline is privileged.(687) The meaning of the +words "she is a dirty, vile woman," can not be extended by innuendo.(688) + +*389.* _Charges, Robbed, Hypocrite._--Charges that a person has robbed a +church or has stolen from a church, are actionable.(689) Also, charging a +person with being a hypocrite and using the cloak of religion for unworthy +purposes, is slanderous.(690) + +*390.* _Investigation, Probable Cause._--When a member of a church consents +to an investigation on complaint before a person who is not a member, if +the complaint was made on probable cause and not under the pretence of +exposing the defendant to scorn or obloquy, he could not subsequently +bring an action for libel.(691) + +*391.* _Sacraments._--To publish of a person that he has been deprived of +the sacraments of the church to which he belongs, is libelous.(692) + +*392.* _Obituary, Tolling Bell._--To falsely and maliciously publish an +obituary notice of a person living, is good ground for an action for +libel.(693) However, a complaint that a church tolled its bell to announce +the death of a member, and did report him dead when he was actually +living, and that it was all done for the purpose of annoying, harassing, +and vexing the person and his family, was held not sufficient to support +an action for libel. The latter case is doubtful law.(694) + +*393.* _Newspaper, Profane Swearer._--A newspaper in a notice of the death +of a church member has the right to state that he was a profane swearer, +if such was the case.(695) + +*394.* _Business or Property, Special Damages._--A company incorporated for +the purpose of transacting business which would include hospitals, +schools, and industrial institutions, may maintain an action for libel the +same as an individual for any words affecting its business or property, if +special damages are alleged and proved.(696) + +*395.* _Justification, Repeating._--It is no justification that libelous +matter had been previously published by a third person, that the name of +such person was disclosed at the time of repeating the libel, and that the +person who was repeating it believed all the statements in the libel to be +true.(697) + + + + + +CHAPTER XXXII. CRIMES + + +*396.* _Sins, Crimes, Discipline._--Crimes are offenses against the civil +law. The fact that the church organization may try and punish a member for +sinning, or acquit him, has nothing whatever to do with the administration +of the criminal law of the State. Therefore, a member may be arrested and +tried for any offense before or after the ecclesiastical tribunal has +taken action in the matter. But there are certain crimes of a religious +nature of which the civil law assumes jurisdiction and punishes, such as +blasphemy,(698) disturbing religious meetings,(699) etc. Most of those +laws are statutory and depend wholly upon the statute of the State where +the crime is committed. + +*397.* _Profane Language, Smoking, Disturbance._--Rude behavior or profane +language if audible,(700) smoking in the church or during services,(701) +cracking and eating nuts in church,(702) and fighting near the church so +as to disturb the services, are violations of the law.(703) A father's +taking his child out of the church with violence is a disturbance of the +meeting.(704) The disturbance of any member of the congregation assembled +for religious worship is a violation of law.(705) A sentence of $100 fine +or one year's imprisonment in the penitentiary, is not excessive or cruel +or unusual punishment on conviction for disturbing a meeting.(706) + +*398.* _Sunday-School, Church._--An ordinary Sunday-school where the Bible +and religious precepts are taught, is a church within the law.(707) + +*399.* _Private School._--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 writing.(708) + +*400.* _Disturbing a Religious Meeting._--Under a statute against +disturbing a religious meeting, it has been held that it should define +what disturbance is punishable.(709) Also, mere want of attention or +observance of ceremonies, as standing or kneeling at times, is not a +violation of the law.(710) Neither is singing out of time, unless done +purposely,(711) nor performing a proper duty, such as objecting to a +silenced clergyman's conducting the services.(712) + +*401.* _Common Law, Offense, Statutory Law._--If there is no statutory +provision, in those States where the common law prevailed before the +admission of the State to the Union the offense is punishable under the +common law.(713) And even in States where there is a statutory law on the +subject, a person may be convicted at common law.(714) + +*402.* _Services, Violation, Time._--The nature of the services and the +discipline of the denomination may determine whether there is a violation +of the law. Usually the disturbance may occur at any place the +congregation is assembled, and at any time when any part of the +congregation is assembled for religious services or business.(715) + +*403.* _Force, Priest, Preserve Order._--A congregation may use sufficient +force to remove a disturber.(716) 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 force, if necessary, any person +who disturbs his services.(717) + +*404.* _Interrupt, Liquors, Traffic._--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 worship, or to sell intoxicating +liquors or other articles of traffic within a certain distance of any +camp-meeting or other religious assembly, except at a place of business +regularly established prior to such meeting or assembly and not with +intent of evading the provisions of the law.(718) + +*405.* _Theory, Blasphemy, Crime._--On the theory that the United States is +a Christian nation, blasphemy is held to be a crime.(719) Infidels +naturally claim that it interferes with their rights. However, 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 wives; and it has been held that +any words importing imprecation for divine vengeance may constitute +profane cursing or blasphemy.(720) + +*406.* _Religion, God, Ridicule, Virgin._--Words vilifying the Christian +religion,(721) denying God or the final judgment,(722) and profane +ridicule of the Holy Scriptures or of Christ,(723) are usually punishable. +Also, the use of vile words applied to the Virgin Mary is blasphemy.(724) + +*407.* _Profanity, Proof, Excuse._--The profanity must be in the hearing of +some person.(725) Every time a person profanely swears by taking the name +of God in vain is a separate offense.(726) The prisoner's confession is +sufficient proof; otherwise the prosecution must show that the offense was +committed and some one heard the words. + +Drunkenness is no excuse.(727) Punishment by fine or imprisonment is not +in violation of the constitution of the State or of the United +States.(728) + +*408.* _Sunday, Business, Fishing._--The offenses against the Sunday law +are so numerous that it would be almost impossible to review them within +the limits of this work. Of course, the carrying on of a man's ordinary +business is a violation of the Sabbath laws. But in some States selling +cigars,(729) a butcher selling meat,(730) and even selling soda +water,(731) and ice cream,(732) as well as fishing, traveling, driving, +using a slot machine,(733) and almost every other imaginable act excepting +going to church, has at some time and in some State been declared a +violation of the law, and a penalty imposed therefor. + +In California,(734) Tennessee,(735) and Washington,(736) men may be shaved +on Sunday. In some other States it has been held that running a barber +shop on Sunday is a violation of the law.(737) + +*409.* _Charity, Necessity, Benefit, Pleasure._--However, doing works of +charity and works of necessity usually are exempt. What is a work of +necessity is a question of law. Charity includes whatever proceeds from +the sense of moral duty or a feeling of kindness and humanity, and is +intended wholly for the purpose of the relief or comfort of another, and +not for one's benefit or pleasure.(738) + +*410.* _Contracts, Marriage, Notice._--The common law made no distinction +between Sunday and any other day as to making contracts, but it prohibited +holding court. In this country the statutory law invariably prohibits any +but works of necessity or charity to be done on Sunday. But marriage +settlements,(739) publication of statutory notices on Sunday,(740) and +promises to marry, have been held legal.(741) + +*411.* _Funeral, Physician, Subscriptions._--To attend a funeral, to employ +an undertaker, or a physician, on Sunday, has been tested in the courts, +and finally decided to be works of necessity or charity and not a +violation of the Sunday law. Also, subscriptions made for church purposes +and in works of charity on Sunday have been held legal and binding.(742) + +*412.* _Jews, Seventh-Day Observers._--In several of the States it has been +held that Jews and Seventh-Day observers of the Sabbath must obey the +Sunday law.(743) However, in many States there is a statute expressly +exempting people who keep the seventh day of the week; but still they +sometimes have a provision, unless "he shall wilfully disturb thereby some +other person or some religious assembly on said day." + +*413.* _Societies, Secular Work._--Business meetings of benevolent and +church societies for benevolent or church work may be held on Sunday. Even +the constitution of such societies may be amended on Sunday. However, +secular work that does not come strictly under the functions of such +societies would be unlawful.(744) + +*414.* _Sunday, Begins, Ends._--Usually people believe they know what the +word Sunday means, when it begins, and when it ends. Christianity usually +recognizes the time from midnight to midnight as Sunday, and that is the +usual time recognized by law.(745) But the solar day only,(746) or from +midnight to sunset,(747) give us a variety which may not be complete. +Also, we have the further anomaly of a note made at 2 o'clock on Saturday +night, being held valid.(748) + +*415.* _Religious Liberty, Law._--The constitutional guarantee of religious +liberty is not violated by enforcing the Sunday law.(749) + +*416.* _Necessaries, Doctor._--As a parent or husband is obliged to furnish +necessaries for his children and wife, when medical treatment becomes +necessary, he is liable for manslaughter for failure to do his duty, even +in case of religious disbelief in the efficacy of medicine. Courts are not +inclined to make any distinction as to religious belief, 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 doctor.(750) + +*417.* _Christian Healer, Consent._--A Christian healer can not be held +liable except under a State law. One who consents to treatment has no +action for damages unless there is a failure to exercise the care and +skill of a Christian Scientist. This rule might not apply to one +incompetent to consent to a contract.(751) + +*418.* _Politics._--A minister who had been expelled by his congregation +for voting the Democratic ticket, had some of the members of the church +arrested under the election laws for intimidating a voter. The court held +that as he "suffered no pecuniary loss, personal injury, or physical +restraint," no crime was committed.(752) + +*419.* _Mail, Obscene Language._--Under the United States postal laws +against sending "obscene, lewd or lascivious" books or papers through the +mail, a person can not be convicted without proof that the matter is +obscene, lewd, and lascivious, as the word "or" should be construed to +mean "and." Also, 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 people, but had no tendency to +induce sexual immorality, did not render the newspaper unmailable nor the +publisher guilty under the United States statutes. The court says: "Those +parts of the article most relied upon to sustain the charge, though +ostensibly a discussion of a religious subject, are couched in language +not quite suitable for insertion in a judicial opinion, however well +adjusted to such applause as might be expected from taste of a certain +degree of degradation."(753) + +*420.* _"__Fair,__"__ Chances, Gambling._--A church "fair" at which chances +are sold, drawings had, or any game of chance permitted, is illegal and +may be punished as gambling.(754) + + + + + +CHAPTER XXXIII. CEMETERIES + + +*421.* _Statutes, Land._--There are sufficient statutory provisions on +cemeteries to make a large book, and the frequent changes made in such +laws render a full statement of the law impossible. The statutes against +locating cemeteries near cities, dwellings, etc., should be carefully +examined before buying land therefor.(755) + +*422.* _United States, Jurisdiction._--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 States.(756) + +*423.*. _Tombstones, Soldiers_.--The United States will erect tombstones at +the graves of soldiers who served in the Civil War, in all cemeteries +where their graves are unmarked. Wherever the United States has +jurisdiction over cemeteries, it has made it a criminal offense punishable +by fine or imprisonment to deface a tombstone.(757) + +*424.* _Indigent Soldiers, Tombstones._--Most of the States have statutes +providing for the burial of indigent soldiers and for putting tombstones +at their graves. The attention of relatives of deceased soldiers should be +called to it. + +*425.* _State Authority._--The State Legislature has authority to control +cemeteries or delegate that authority to some one else, and afterward to +transfer it to a different person.(758) + +*426.* _Maryland, Two Acres._--Although the declaration of rights of the +State of Maryland restricted the sale of lands for a cemetery for a church +to two acres, the Legislature has power to grant leave to a cemetery +association to take title to more land. 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 acres, the title to the excess of the valid purchase was +ratified and the title vested in the trustees.(759) + +*427.* _Consent, Application._--Where a statute provides that no cemetery +shall be laid out without first obtaining the consent of the municipal +authorities thereto, a written communication signed by the officers of an +incorporated society is sufficient application; and a motion granting +consent adopted by the city council is sufficient action on its part to +comply with the statute.(760) + +*428.* _Charter, Ground, Members._--An application for a charter to +incorporate a cemetery need not specifically locate the ground.(761) The +charter or the articles of incorporation, or by-laws made under them, +generally determines who shall be members of the corporation. And where +every owner of a lot signing the constitution and by-laws becomes a +member, the trustees can not vote on the unsold lots.(762) + +*429.* _Police Power, Trespass, Burial._--Under our laws the State, by +reason of its police power, has control over the cemeteries within it. +However, that power has generally been very favorably exercised. Laws both +civil and criminal have been enacted to protect cemeteries from invasion +and trespass and to protect tombstones from injury.(763) When authorized +by the Legislature a city may make a by-law prohibiting burial within its +limits, notwithstanding that the cemetery has been constantly used for +over one hundred years.(764) Also, the city has authority to protect and +regulate the use of a cemetery.(765) + +*430.* _Dwelling, Limits._--Most of the States provide that no cemetery +shall be laid out within a certain limit of a dwelling. 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 established.(766) + +*431.* _Well, Pollution._--And where a man had built a dwelling near a +cemetery, it was not good ground for him to prevent the enlargement of the +cemetery by showing that it might destroy his well. 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 premises.(767) Additional lands may be obtained under the law +of eminent domain by condemnation.(768) + +*432.* _Exempt, Execution, Mortgage._--The statutes in most of the States +exempt the tombstones and lots in a cemetery from sale on execution.(769) +Also, a cemetery lot can not be sold under mortgage after bodies have been +buried therein, as any one may be arrested for desecration of graves.(770) + +*433.* _Public, Regulation._--The right to bury in a public cemetery is a +privilege or license that is subject to municipal regulation, and +revocable whenever the public necessity requires it.(771) + +*434.* _Nuisance, Public Health, Disease._--A cemetery is not a nuisance +_per se_, 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 disease, the State may prohibit such burial at certain +places within cities or adjacent to dwellings. 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 +thoroughfare.(772) And where the Legislature authorized a city to remove +the bodies interred and allow streets through the land, it had authority +to do so.(773) + +*435.* _Devise, Easement, Rules._--The general rule of law is that a man +can not devise away a cemetery lot in which members of his family are +buried. 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 +State. However, there are some exceptions.(774) + +*436.* _Conditions._--A condition in a deed that the lot can not be sold, +assigned, or transferred without consent of the cemetery corporation, is +as good and binding as in any other conveyance of real estate.(775) + +*437.* _Inherits, Right._--Where a son inherits from his father the right +to burial in a cemetery lot, he has the right to remove and inter therein +the bodies of his grandmother and sister who had been buried +elsewhere.(776) + +*438.* _Certificate._--A certificate was issued for the burial of Dennis +Coppers in the following form: + + + "Office of Calvary Cemetery, + New York, December 1, 1873. + + RECEIVED from Mr. Dennis Coppers, seventy-five dollars, being the + amount of purchase money of a plot of ground 8 feet by 8 feet, in + Calvary Cemetery. + + D. BRENNAN, + Superintendent of Calvary Cemetery. + + 4 Graves, 5, 6, 7, 8, Plot D, Section 7, Range 35." + + +*439.* _Freemason, Title, Right._--Prior to 1879, the mother, wife, and +other relatives of Coppers, who were Roman Catholics, were buried in the +lot covered by the deed given in the last paragraph. Coppers, who was a +Freemason, died in August, 1879, and his funeral services were held under +the auspices of the Masons from an Episcopal church, as directed in his +will. 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 fraternity. The Church authorities refused to +allow Coppers to be buried in the cemetery, and application was made by +his relatives for a writ of mandamus to compel his interment therein, they +having deposited the necessary money to pay all the expenses. 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 him, and that the cemetery +could not be compelled to execute and deliver to him an absolute +conveyance of the lot. 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 law. It is the tacit understanding, when a person +applies for a burial lot in a cemetery of the Catholic Church, that he is +either a Catholic and as such is eligible to be buried therein, or that he +applies in behalf of those who are in communion with the Church.(777) + +*440.* _Lots, Fee._--If the cemetery association sells 400 lots to one man +and makes a conveyance in fee thereof, it is bound thereby.(778) + +*441.* _Deed, Privilege, Heirs and Assigns._--No formal deed is necessary +to confer exclusive right to the use of a cemetery lot for burial +purposes.(779) And certificates of lots issued by a corporation convey no +title to the land, as they are not in the form necessary to constitute a +conveyance of land. Their only effect is to grant the privilege of +interment so long as the ground continues to be used for the purposes of +burial.(780) A deed of a cemetery lot "to him, his heirs, and assigns +forever," gives only an easement in the freehold, and does not give title +to the soil, and is subject to changes made necessary by altered +circumstances.(781) + +*442.* _Access, Purposes._--Title to a cemetery lot gives the right of +access to it for the usual purposes, including putting up monuments.(782) + +*443.* _Monuments, Inscriptions, Drunkenness, Non-Baptized, +Strangers._--The plaintiff obtained from the defendant a deed, which, among +other things, contained the following conditions: "that such lot shall not +be transferred without the consent of the trustees; shall be subject to +the regulations made, or to be made, in the care and management of such +cemetery by the trustees, who shall also have the right to prevent the +erection of offensive and improper monuments or inscriptions thereon, and +shall retain the right to enter any lot for the removal of anything +objectionable; that no remains shall be deposited therein for hire; and +that persons dying in drunkenness, duel, or by self-destruction, +non-baptized, non-Catholic, or otherwise opposed to the Catholic Church, +shall not be therein interred." The plaintiff had buried his father and +one of his children in the lot, and brought his wife's remains there for +burial. Upon the arrival of the funeral, two small coffins of strangers, +one of which bore the name "John McDonald," which the grave-digger had +taken up, were at the side of the grave. There was nothing to show how +those bodies came to be buried there. The plaintiff brought suit for +damages against the cemetery association. The court held that the cemetery +association was liable and that the defense that it was a public +charitable organization could not be sustained.(783) + +*444.* _Use, Forfeited._--When a deed is made of land for the use of a +cemetery only, it will be forfeited by using it for a school.(784) + +*445.* _By-Laws, Member, Burial._--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 lot, 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 congregation, has no right to a +burial lot.(785) + +*446.* _Adverse Possession._--If the original title to a cemetery is +defective, the title may become good by adverse possession.(786) + +*447.* _Improvements._--The owner of a lot, unless some rule of the +cemetery association or law of the State is to the contrary, may improve +it as he sees fit so long as he does not injure the property rights of +another.(787) + +*448.* _Trespass, Injunction._--An action for damages _quara clausum +fregit_, can be maintained by a relative against any one who trespasses +upon a grave of a person lawfully interred.(788) Also, a relative may +enjoin by suit in equity, on behalf of himself and others equally +interested, interference with graves in his cemetery lot.(789) + +*449.* _Roads, Alleys._--Most of the laws relating to highways apply to +cemetery roads and alleys, 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 lots.(790) In most of the States a road can not be +laid out through or take a part of a cemetery.(791) But a public highway +may be established through a cemetery by user, the same as over other +lands.(792) + +*450.* _Abandoned, Bodies._--When a cemetery has been abandoned, those who +have relatives buried there may incorporate it for preservation.(793) +Also, a corporation may change its cemetery and remove the bodies interred +therein.(794) + +*451.* _Two-Family Lot, Control._--Where a lot is owned jointly by two +families, one burying in the north half and the other in the south half, +the family burying in the north half can not prevent the burial of a +member of the other family in the south half, if entitled to be buried in +that cemetery.(795) + +*452.* _Burying Dogs, Removal._--A person who has a lot in a cemetery has +no right to bury any but human bodies therein, and one who has buried a +pet dog in her lot may be compelled to remove it.(796) + +*453.* _Stranger, Protest, Kin._--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 +kin.(797) When an owner of a lot has consented to the burial of a body +therein, he can not afterward remove the body or deface the tombstone, and +to do so would be a criminal offense.(798) When a lot is sold to one +person, the cemetery association has the right to limit interments to +members of the family owning the lot. However, where there is nothing +concerning it in the laws or rules of the association, it might be +different.(799) + +*454.* _Association, Bishop, Stipulation, Certificate, License, +Revocable._--The Germans of Cincinnati formed an association and purchased +ten acres of land for a cemetery "for German immigrants, their families, +and relatives, of Cincinnati and its vicinity, who might be members of the +Catholic Church and in accordance with the doctrine, discipline, usage, +and ceremonies of the same." They incorporated with fifteen trustees to be +elected annually. Before he would bless the cemetery, the bishop required +and the committee stipulated with him in writing the following: That the +rules of the Catholic Church should always be faithfully observed in this +chiefly: First, that no one should be buried in the ground who had not +been baptized or who died out of communion of the Catholic Church, to +which the bishop or in his absence the clergy of the German Catholic +Church or churches, should be the judge; second, that no poor person +should be denied a place therein because his parents were unwilling to +pay; third, that any money accrued from the ground should be expended for +pious uses and specifically for the relief of the German Catholic poor; +fourth, that the remains of persons interred in Catharine Street +burial-ground might be removed to the new ground. The bishop subsequently +closed the cemetery as a place for burial of Catholics because the +congregation had violated the stipulation: "First, by admitting those to +burial who died out of the communion of the Catholic Church; second, by +refusing to poor persons the right of burial; third, by expending the +funds of the association in other than pious uses and relief of the poor." +The court held that the corporation had authority to determine that the +cemetery should continue to be used as such, but the conditions might be +enforced by any one interested.(800) Also the question was brought before +the court in a case where a man had fallen away from the Church, and the +court held that the certificate was a mere license giving no property +rights, and revocable; and that the question as to whether the party to be +buried therein was in communion with the Church, was one over which the +Church itself had exclusive jurisdiction.(801) + +*455.* _Rules, Diocese._--One who buys the privilege of burying his dead in +a cemetery acquires no general right of property, but only a right to use +the grounds as a place of interment, and the rules governing a cemetery in +force at the time the privilege is acquired measure the extent of the use. +Where a rule of the church having charge of the cemetery forbids the +burial of non-Catholics therein, the bishop of the diocese and the local +priest, who according to the usage of the church were vested with control, +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 death, and who committed suicide.(802) + +*456.* _Negroes, Indians._--The fact that a man is a negro, Indian, or +other racial human being, is not good ground to prevent his burial in a +cemetery.(803) + +*457.* _Will, Body, Custody._--Where no disposition of a body has been made +by will, the surviving husband, or wife, or next of kin, has the right to +the body for the purpose of burial. But the right of the surviving wife or +husband, if they were living together at the time of the death of +deceased, is paramount to that of the next of kin.(804) 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 unmarried, is in his next of kin, +and this right will be protected by the courts.(805) + +*458.* _Non-Residence, Burial._--Non-residence does not divest a person of +the right to burial with his relatives.(806) + +*459.* _State, Vacate, Equity, Rule._--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 measure.(807) +Courts of equity exercise some discretion in cases that do not fall within +this rule.(808) But the superintendent of a cemetery has no right to +remove a child without the consent of the father who owns the lot.(809) + +*460.* _Consent, Bishop, Removal._--With the consent of deceased's husband +before the funeral, the father of deceased paid for the lot in which his +daughter wished to be buried with her parents. Her mother being +dissatisfied with the location, the lot was subsequently exchanged for +another in the same cemetery; but after preliminary arrangements had been +made, the son-in-law applied to a court of equity for a writ restraining +the father and the bishop from removing the body. The bishop answered that +he was willing to conform to any order of the court. The court held that +by acceding to his wife's request and allowing her father to bury her in +the first instance, and by standing mute while the arrangements for the +removal of the body were being made, the husband had no right thereafter +to prevent the removal of his wife's body.(810) + +*461.* _Court, Remove, Consent._--In a proper case a court may grant a +decree to remove the body of a relative from one cemetery to another.(811) +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 burial, as consort or the next of kin. In some States the offense +is a felony.(812) In Nebraska, at least, 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 bishop.(813) + +*462.* _Crime, Fraud, Exhume, Autopsy._--In an action on an insurance +policy where there is evidence of fraud, as death by poison, a court may +order a body exhumed for examination, although the person having the right +to control the burial of the body is not a party to the suit.(814) Public +officials have the right to disinter a body to ascertain whether a crime +has been committed.(815) But without a coroner's inquest or consent of the +surviving consort or next of kin, a doctor has no right to perform an +autopsy.(816) + +*463.* _Tort, Corpse._--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 elements.(817) In a few cases the +right has been denied.(818) + +*464.* _Custodian, Burial, Mutilation._--In the absence of a widow, a son +is the lawful custodian of the body of his deceased father for +preservation, representation, and burial, and may maintain an action for +unlawful mutilation thereof. The sense of outrage and mental suffering +resulting directly from the wilful mutilation of the body of a parent, is +a proper independent element of compensatory damages.(819) + +*465.* _Property in a Corpse, Mummy, Executors._--The question of property +in a corpse has been generally denied. However, in case of a mummy which +has become an object of curiosity, the case may be different. Where a +testator ordered his body burned and the executor presented a bill for +L321 for doing so, 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 +body; but that as it is not property, a man has no right to bequeath it +for a particular purpose.(820) Also, where a man was in jail and died +during his imprisonment and the jailer refused to give up the body until +the debt was paid, the court held that there was no property in the +corpse, and therefore there could be no lien upon it and he must surrender +it.(821) + +*466.* _Rights, Duties, Body, Will._--While there is no property in a dead +body so that it may be sold, there are rights and duties out of which may +arise tort and criminal actions. The question of the right of a man to +dispose of his body by will is not well settled in this country.(822) +There are many cases that hold that a person has the right to make a +binding testamentary disposition of his own body after death.(823) But on +the contrary it has been held that one can not by his will confer any +right as to the disposition of his body.(824) + +*467.* _Monument, Fence._--Giving the right to bury in one's cemetery lot +carries with it the right to erect a monument; but it does not carry with +it the right to fence the cemetery lot or interfere with other graves +therein. Therefore, the monument must be of such size and so located and +erected as not to interfere with the rights of others.(825) + +*468.* _Tombstone, Mother-in-Law._--A husband has the right to remove a +tombstone that his mother-in-law put over his wife's grave, and put up one +of his own choice instead.(826) The general rule is that vaults and +tombstones are personal property and may be removed "in good faith and +with care and decency" by the next of kin.(827) + +*469.* _Trees, Authority._--It is a criminal offense to cut trees in a +cemetery without right or authority.(828) + +*470.* _Charitable, Institution, Negligence._--A Catholic cemetery without +capital stock or shares and paying no profits nor dividends, does not come +under the head of a charitable institution so as to relieve it from +liability for negligence.(829) + +*471.* _Equity, Repair, Injuries._--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 negligence.(830) + + + + + +CHAPTER XXXIV. MISCELLANEOUS + + +*472.* _Societies, Law._--Religious societies organized in connection with +a church or congregation are in law civil societies and not ecclesiastical +corporations, and are governed by the law of the land. Therefore, the law +of fraternities fully covers all questions that arise in such societies. +The subject is too comprehensive to be treated at any length here.(831) + +*473.* _Society, Bishop._--A society may expel a member on due notice and a +fair trial. The refusal of the bishop to recognize a fraternity organized +as a Roman Catholic society, 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 worship.(832) + +*474.* _Priest, Doorkeeper, Policemen, Arrest._--A priest who was in charge +of a parish and had control of the temporalities consisting of pew-rents, +Sunday and other collections, graveyard, church, school, fees, and +donations, on account of disorderly behavior of members issued tickets to +those to be admitted and ordered a doorkeeper to prevent others from +entering the church. A woman without a ticket and talking loudly, +endeavored to force her way into the church, although there were several +policemen on duty who attempted to stop her. She was arrested and her +husband brought suit for false imprisonment. 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 priest; but when a doorkeeper went beyond those orders by causing +the arrest of the woman, he was not acting within the apparent scope of +his employment and the priest was not liable.(833) + +*475.* _Saloon, Church, License._--A man owned premises that had been +occupied as a saloon from 1894. In 1896 the New York law prohibiting +saloons to be licensed within 200 feet of a church, except places where +liquor traffic had been carried on prior to that time, was passed. In 1898 +a church was built within 200 feet of the saloon in question. After the +building of the church, the saloon was vacated for about ten days during a +change of saloonkeepers, and an action was brought to revoke the license +of the new saloonkeeper. The court held that the incidental interruption +of the business did not bring the place within the prohibition of the law, +and that the license could not be revoked.(834) + +*476.* _Y. M. C. A._--The Y. M. C. A. on account of giving lunches, +lectures, and having a gymnasium, for which charges are made, is not a +charitable institution so as to be exempt from liability in case of +negligence. Property is exempt only when used for exempt purposes +exclusively.(835) + +*477.* _Students, Vote, Residence._--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 located. The fact that they intend +to remain for four years, become clergymen, and then go to wherever they +may be called, does not give them the right of residence, and there is no +distinction between them and any other students away from home at +school.(836) However, a student of full age might become a voter in the +college precinct if he has no other fixed domicile.(837) + +*478.* _"__My Wife, Anna Jones,__"__ Divorce, Insurance._--A bequest or +devise to "my wife, Anna Jones," is not changed by a divorce without some +evidence to prove that the testator did not intend his divorced wife to +share in his estate, unless the judgment of divorce made a division of the +property. The same is true of a policy of insurance or benefit +certificate. However, there are exceptions that weaken the rule and make +its application in some States uncertain.(838) + +*479.* _Bells, Sick, Injunction._--On the complaint of an injured person, a +court will issue an injunction restraining the ringing of church, convent, +or other bells, at unusual hours or when their noise is injurious to the +sick, or when their vibration affects other premises. As the law of +nuisances applies in such cases, an exact statement of when the court +should issue the injunction or whether the injunction should be temporary +or perpetual, can not be given; but when the personal or property rights +of others are affected, an injunction may be granted. The fact that the +bells are chimes or part of a clock does not change the rule.(839) + +*480.* _Marriage, Impediments, Recording._--Legal marriage may be +contracted only between unmarried persons not related within the +prohibited degrees of consanguinity or affinity, of lawful age and +sufficient mental and physical capacity. Statutes vary greatly. In some +States affinity is not considered a legal objection and first cousins may +marry; in others, both are prohibited and other limitations of +relationship, race, and color are fixed, and registration of the clergymen +and licenses to wed are required. Also, the clergyman must report the +marriage promptly to the proper office. Fines, penalties, and imprisonment +are usually provided for violating the law. Informal marriages may or may +not be voidable or void.(840) + +*481.* _Charivari, Wedding Pranks._--Charivari, assaults, and disorderly +conduct are unlawful at all times, and can not be justified by +custom.(841) A newly wedded man who was serenaded (charivaried) by his +neighbors by firing guns, blowing horns, beating pans, rattling +horse-fiddles, etc., after ordering the rioters off fired into the crowd +and wounded one of them. On trial for assault with intent to kill, the +groom was acquitted. Shooting might not be justifiable in cases where less +potent agencies, such as a horsewhip or dogs, are sufficient, or where the +immediate protection of person or property does not call for it. The law +should be invoked when no exigency for force exists.(842) + +*482.* _Infallibility of Courts._--When a question of law at issue in a +case is duly presented to a supreme court which is the court of last +resort, its decision thereon becomes "the law of the case" and is +thereafter binding upon the court itself and all the courts inferior to +it; and no matter how often that identical case may come before the court +on subsequent appeals, the questions already decided therein will not be +reconsidered. It is interesting to compare this principle of our courts +with Papal infallibility.(843) Courts do not always adhere to the +rule.(844) + +*483.* _Money Stolen, Bailed or Loaned, Insolvency, Gifts._--Property +stolen by A. or left with him as bailee to be returned in specie, can not +be given away by him for charity. Also, when a man is insolvent he has no +right to give away any of his property.(845) That has been the rule of law +since Coke laid down the maxim: "A man must be just before he is +generous." One is insolvent when his debts exceed the value of his +unexempt property.(846) When an insolvent debtor makes a gift, a creditor +may sue and recover from the donee; or in a proper case the creditor may +force the debtor into bankruptcy to recover the gift.(847) The want of +knowledge or good faith of the donee is immaterial and no defense to an +action to recover the property.(848) + + + + + +INDEX + + +The References Are To The Sections. + +A + +Abandoned cemetery, 449; + property reverts, 295. + +Accepting a draft, officer, 162. + +Access to cemetery, right of, 442. + +Account, officers must, 297. + +Action in church tribunal, 86; + for expulsion, 137; + unincorporated party, 217; + slander by deceased, 382. + +Acts of majority, when void, 177. + +Adjournment, 181. + +Adoption of children, 367. + +Adoration, 29. + +Adverse possession, cemetery, 446; + church property, 257. + +Aid from Government, 46. + +Agent, priest of bishop, 270. + +Alabama, bequest for Masses, 316. + +Ambiguity, proof clearing, 326. + +Ambiguous provision, proof, 272. + +America, civil and common law, 17. + +Anonymous letter not privileged, 224. + +Answer of priest as witness, 222. + +Appeal, church tribunal, 86; + right of, 206. + +Application, for cemetery, 427. + +Appointed officers, 121. + +Appropriation for hospital, 44; + can not be from taxes, 335; + indirect, 335, 46, 28, 375. + +Argument when privileged, 387, 386. + +Arrears, pew rent, membership, 250. + +Arrest, authority, damages, 474. + +Assault and battery, 387. + +Assessment, of pews, 243; + of cemetery void, 293. + +Assistance to enforce order, 356. + +Association, discipline, bishop, 454. + +Attainder, not lawful, 36. + +Attendance, test of membership, 144. + +Authority in ancient nations, 3; + inferior must obey, 85, 93; + use of force by priest, 100; + court may decide contested, 112; + of priest as to cemetery, 281; + of sexton in church, 314; + of teacher outside of school, 355; + to cut trees in cemetery, 469. + +Autopsy, authority to make, 462. + +B + +Bankruptcy, church, 302. + +Bailee, gift of, 483; + donor, 483. + +Ballot, when required, 149. + +Baptism, how to record, 191. + +Bells, ringing a nuisance, 479. + +Benefit, work for, on Sunday, 409. + +"Benefit of the Clergy," 10. + +Bequest, legatees, religion, 136, 320; + purpose of enforceable, 284; + laws of state control, 306; + consent of heirs to change, 313; + mistake may not defeat, 317. + +Birth, how record kept, 191. + +Bible in schools, 29, 49, 218, 347, 348; + constitution of sect, 127; + constitutional rights, 350; + Indian schools, 375. + +Bigamy, unconstitutional, 38; + charge of, slander, 384. + +Bishop, superior authority, 81, 83; + subject to Pope, 82; + discipline of priest, 99; + church debts, 169, 261; + removal of priest, 199; + deed of church land, 287; + control over cemetery, 454; + removal of bodies, 460; + societies, control of, 473. + +Bishop's residence, taxes, 331. + +Blasphemy, a crime, 405, 218. + +Blessed Virgin, 406. + +Board acts as body only, 360; + authority outside of school, 355. + +Bodies, change of cemeteries, 450; + custody of deed, 457; + disposing by will, 466; + property in, 465. + +Bologna, law school of, 14. + +Burned church, land title, 294. + +Building, liability of members, 56; + subscriptions for, 275; + committee, liability, 170; + contracts, liability, 233. + +Burial, right of, 113; + regulations, 429, 445; + non-resident, 458; + right to control, 464. + +Burying dogs in cemetery, 452. + +Business, religion, 110; + notice of meeting, 176; + law will enforce, 230; + Sunday, 408; + or property, libel of, 394. + +By-laws of sects and church, 22; + govern elections, 148, 152; + subject to state law, 153; + control officers, 153, 159; + amending, 252; + of cemetery association, 445. + +C + +California missions, 268. + +Canon Law, analysis, 6. + +Canons of the church, title, 280. + +Casting vote, chairman, 186. + +Catholic Church, corporation, 58; + control of pews in, 239; + free pews, reformation, 237; + discipline, suits, 208. + +Cemetery, authority over, 281; + assessment for taxes, 293; + Indian, 372. + +Certificate, cemetery lot, 438; + conditions of, 454; + of election, effect of, 157. + +Certified copies as evidence, 192. + +Challenge of voter, 147; + waiver of, 186. + +"Chances," "fairs," unlawful, 420. + +Change of use of land, 53; + of church government, 67; + name of church, 69; + doctrine, membership, 289; + burial place, 450. + +Charge for services, 166. + +Charges against member, 202, 389. + +Charitable institutions, 333, 338; + liability, 470; + trust, trustee, 325. + +Charity, definition of, 328, 409; + Elks, Masons, 333; + of debtor, 483. + +Charivari, unlawful, 481. + +Charter limits corporation, 153; + by-laws under, 252; + real estate, 339; + of cemetery, 428. + +Chastisement, by teacher, 354. + +Child, rights, duties, 361, 370; + expelling from school, 352; + religion of, 365; + out of school, 352, 355. + +"Christian Healer," consent to 417. + +"Christian Scientist," manslaughter, 42. + +Christians, who, are, 24. + +Church, definition, 20, 23, 24, 398; + secession, heresy, 70, 126; + debts of, bishop, 169; + removal of, authority, 275; + buildings, use of, 276; + majority control, 289; + Indian churches, 372; + personal property, when, 299; + and state, 15; + records, evidence, 191; + births, baptisms, 191; + when libelous, 381; + tribunals, authority, 216. + +"Church of Latter Day Saints," 39. + +Citizens, clergy as, 92; + Indians, states, 371. + +Civil rights, procedure, 207; + state protects, 210; + law, Florida, Louisiana, 17. + +Clerk of church board, authority, 177. + +Clergy, bishop may change, 83; + exemptions of, 103; + salaries, 106. + +Clergyman, definition, 31; + duties and rights, 92; + privileged evidence, 224; + undue influence, 318; + disciplinary rights, 386. + +Closing church, 213. + +Color of title, possession, 257. + +Collateral attack, 307. + +Commissioner of Indian schools, 375. + +Common law and the church, 12; + crimes under, 401. + +Communicants, membership, 144. + +Competent witness, 220. + +Complaint, allegations, 215. + +Conditions, 436. + +Confessions, privacy, 100; + not evidence, 221, 226; + non-sacramental, 223, 224, 225; + witness, privilege, 222. + +Confidential communications, libel, 377. + +Congregation, authority in, 65; + insubordinate, 90. + +Conscience, Bible, law, 350. + +Consent, to hold meeting, 179; + to sell or mortgage, 264; + daughter becoming nun, 366; + to "Christian Healer," 417; + to location of cemetery, 427; + bishop's to remove body, 460; + court may, 461. + +Consideration, good, 234, 236. + +Constantine, Christians, 9. + +Constitution of a church, 21, 81, 88; + of U. S. and Church, 45, 68, 127; + members, Bible, 127, 350, 358. + +Consolidation of churches, 73. + +Contests, how settled, 158; + suit for bequest, 319; + to hold meeting, 179. + +Contracts, with churches, 46, 335, 345; + binding members, 59; + State courts enforce, 292; + Sunday, 410. + +Contributions to deposed priest, 104; + right to enjoy, 310. + +Control of business of church, 72; + vests in corporation, 73; + doctrine and discipline, 122; + under state law, 155; + board of trustees, 161, 279; + societies' collections, 274; + cemetery, joint lot, 451. + +Controversy, submission of, 97. + +Convent, consent of parents, 366. + +Conditions, what are binding, 75; + pews, lease, sale, 242; + bequests, deeds, 284, 313, 321; + quit claim of heirs, 286. + +Corporation, members, 253; + bequests to religious, 306; + name, error, 317. + +Corpse, burial, mutilation, 463, 466. + +Corrective authority over wife, 370. + +Councils of Church, 378. + +Counsel in church tribunal, 200. + +Courts, state, 60; + church and state, 216; + do not decide doctrine, 311; + religion of child, 365. + +Court of equity, church title, 212. + +Creditors, securing, 263; + gifts of debtor, 483; + bankruptcy, 302. + +Creed, state courts, 211. + +Crime, polygamy, 40; + church tribunal, 292; + charging, slander, 388; + sins distinguished, 396; + blasphemy is a, 405; + autopsy to detect, 462. + +Criticisms of clergy, 385. + +Cruel chastisement unlawful, 354. + +Curate, appointment of, 53, 96; + salary of, 108. + +Custody of children, 361; + of wife, 369; + of corpse, 457, 464. + +Custom of church, meetings, 180. + +Cy-pres doctrine abrogated, 325. + +D + +Damages, property destroyed in riot, 52; + expulsion from society, 188. + +Death, record, proof, 191. + +Debts, unincorporated body, 54; + may be limited by law, 74; + permission to incur, 101; + individual liability, 117; + seceders liable for, 126; + bishop's liability, 169; + mortgage, 261, 263; + power to settle, 263. + +Decisions of church court, 88; + in submitted case, 97; + appeal from church, 206; + final in doctrine, 209. + +Deed by order of court, 254; + description of grantee, 259; + to bishop, effect, 262; + in priest's name, 267, 270; + conditions in, 284; + cemetery lot, 41; + form cemetery deed, 438. + +_De facto_ officers, acts, 165. + +Defenses, law, canon law, 8. + +Deficiency judgment, 232. + +Definitions, 20, 34; + excommunication, 131. + +Delegated authority, 82. + +Deposed clergymen, donations to, 104. + +Devise on condition of faith, 135; + uncertainty of, 271; + of cemetery lot, 435. + +Diocese, state law in, 51; + title of church, 266; + rules for cemeteries, 455. + +Directors and Bible, 347. + +Direct payment of tax to church, 345. + +Disability of members, 57. + +Discretion of officers, 167. + +Disease from cemetery, 434. + +Discipline and officers, 63; + bishop may enforce, 83, 89; + members subject to, 90, 381; + inferior authority, 308, 381; + tribunals of church, 386, 396; + physical, unlawful, 387. + +Dismissal of clergyman, 109. + +Disqualified to hold office, 134. + +Dissolution of congregation, 73; + funds of church, 78; + resulting trust, 327. + +Disturbances at church, 213; + crime, punishment, 397. + +Disturbing a religious meeting, 400. + +Diverted trust fund, 298. + +Division of church, 129, 276; + title to property, 290. + +Divorce, legacy, insurance, 478. + +Doctor, necessary, 416. + +Doctrine of church, 21, 25; + change of effect, 53; + condition in deed, 278; + pewholders must not dictate, 309; + discipline, 93. + +Dog, burying in cemetery, 452. + +Domicile of family, 370. + +Donation conditioned, 41. + +Donor, religion, proof, 272. + +Doorkeeper, exceeding order, 474. + +Drunkenness, dying in, 443. + +Duties of adopted parents, 367; + Indian inspectors, 373; + to bury dead, 466. + +Dwelling, priest as servant, 98; + of family husband's, 370; + cemetery near, 430. + +E + +Early Christians, law, 7. + +Easement, title, cemetery lot, 435. + +Ecclesiastical corporations, 26; + court, 10; + matters, courts, 209. + +Education for priesthood, 324; + of children, control, 343. + +Elks, 333. + +England and Roman law, 16; + confession privileged, 226. + +English law, 17. + +Entries in church records, 189. + +Equity, priest's salary, 301; + cemetery, corpses, 459; + cemetery repairs, 471. + +Error in deed, 260; + latent in devise, 326. + +Established church, 18. + +Establishment of religion, 37. + +Estates, ecclesiastical courts, 11. + +Evidence of incorporation, 64; + parish books, 189, 191; + certified copies, 192; + parol evidence, 273; + privileged questions, 221. + +Excommunication, authority, 87; + minor is lawful, 87; + _non-tolerati_ is unlawful, 87; + legal effect, 167, 136; + libel and slander, 381. + +Excuse, drunkenness, 407. + +Executors, pew rent, 249; + custody of corpse, 465. + +Exemptions to clergy, attachment, execution, 118, 432. + +Exempt church property, 329; + execution, 432. + +Exhume, crime, fraud, 462. + +Expelled, excommunicated, 87, 120, 167. + +Expulsion, right of church, 137, 139; + minority, 141; + from society, 188. + +Exercise, religion in school, 29, 346; see "Bible." + +F + +Facilities for negro education, 358. + +Factions trying each other, 112; + property of, 211. + +"Fairs" are unlawful, 420. + +Fair trial is natural right, 202. + +Faith, dying in, burial, 113; + member must conform, 142. + +False statements, slander, 223; + imprisonment, 387; + by clergymen, libel, 388. + +Family domicile, 370. + +Father, duties and rights, 361; + custody of child, 361, 362; + married child, 369. + +Fee, title in, when, 262, 440. + +Fees of priest, 105, 106. + +Fence in cemetery, 467. + +Fishing on Sunday, 408. + +Force to subdue pupil, 356; + to expel disturber, 403; + remove trespasser, 248. + +Foreign language, 124. + +Forfeiture of membership, 61, 138; + provision in will as to, 285; + by use excepted, 444. + +Fraternity, members' faith, 136; + excommunication of member, 136. + +Fraud, false "prophet", 171; + insurance, autopsy, 462. + +Free church seats, regulation, 248. + +Freedom of worship, 142. + +Free exercise of religion, 37. + +Freemason, burial of, 439. + +Funds, of church, 58; + dissolved church, 78; + division of unlawful, 129; + lien on, for money paid, 267; + diverting from use, 298. + +Funeral expenses, 229; + on Sunday, 411. + +Future uses, devise, 323. + +G + +Gambling, 420. + +General laws, corporations, 62. + +Gifts of a bankrupt, 483. + +God, belief, public office, 48; + crimes against, 406. + +Good faith, libel, slander, 383. + +Gratian, jurist, 13. + +Gratuitous services, 337. + +Guardianship, ecclesiastical, 11; + religion of ward, 365. + +H + +Harmony, want of, 290. + +Hearing, fair trial, 139; + evidence, 202, 219. + +Hearsay evidence, 202, 219. + +Heirs and assigns, cemetery, 441. + +Heresy, legal status, 312. + +Hold over officers, 150. + +Hospitals, public money, 44; + not taxable, 331. + +Hostile to religion, 41. + +Hypocrite, slander, 389. + +I + +Identity of name or party, 256. + +Illegal action, void, 141. + +Illegitimate, custody, 362. + +Immoral character, child, 352. + +Impediments, marriage, 480. + +Imprisonment, false, 387. + +Improvements, cemetery lot, 447. + +Income perquisites, 105. + +Incorporated, liability, 119; + powers, purposes, 125; + charter, by-laws, 154. + +Incorporation of church, 62, 64; + congregation, 65, 77. + +Incorporeal hereditament, pew, 238. + +Independent society, status, 124. + +Indians, wards, citizens, 371. + +Indigent soldiers, tombstones, 424. + +Induction, informal, 96. + +Infallibility, judges, 482; + comparisons, 482. + +Infancy, marriage, convent, 366, 368. + +Inherits, right of burial, 437. + +Injunction, 479, 448, 312, 213, 140. + +Injuries, liability, 471. + +Innovations of doctrine, 308. + +Insane, libel, slander, 383. + +Inscriptions, offensive, 443. + +Inspectors of election, 186; + of Indian schools, 373. + +Institutions, charitable, 328; + damage suits, 336, 470; + public and private, 341. + +Instrument of punishment, 364. + +Insubordinate, discipline, 90. + +Insubordination, trial, 139. + +Insurance, divorce, 478. + +Interest, adverse of officer, 160; + must have to sue, 217. + +Interrupt religious service, 404. + +J + +Jews, constitution, 12; + Sunday, Sabbath, 412. + +Judge of church court, 207; + may question witness, 222. + +Judicial notice, 219; + not of church law, 265. + +Jurisdiction, church court, 196; + notice of trial, 303; + U. S. cemeteries, 422. + +Juror of church court, 207. + +Justification, libel, slander, 395. + +K + +Key, evidence of possession, 169. + +Kin, cemetery rights, 437, 441, 449, 453; + custody of corpse, 457, 463, 464; + damages for mutilation, 463. + +L + +Land, vested titles, 240; + Texan church, 269; + quantity limitation, 283, 305. + +Language, libel, slander, 383. + +Law and religion, 1; + religious liberty, 415. + +Lay members, officers, 121. + +Lease of pews, 248; + exempt property, 300; + with government, 345. + +Leave to purchase, 280. + +Legal notice, 71; + rights, church courts, 198. + +Legatee, uncertain, 271, 322, 323. + +Legitimatized child, 363. + +Liability of individuals, 54. + +Libel and slander, 377, 382; + what may be, 377, 395. + +Liberty, juvenile, 376. + +License to do an act, 454; + revoking, resisting, 475. + +Lien for purchase money, 301. + +Limits of cemetery, 430. + +Limited debt by by-laws, 74; + authority of inferior, 88. + +Limitation, statutes of, 206; + land holding, 283, 305. + +Liquor, libel and slander, 384; + near religious meeting, 404. + +Loan to priest for church, 173. + +Local corporation, power, 84. + +Lord's Prayer, schools, 346, 218. + +Lots given as subscription, 255; + cemetery, title, 440. + +Lots isolated, taxed, 330. + +M + +Mail, prohibited, 419. + +Major excommunication, 132. + +Majority, what is, 80, 146, 151, 185; + unlawful acts, 128, 151, 289; + board, committee, 360. + +Malice, libel and slander, 377. + +Management, corporation, 57; + temporal affairs, 66; + factions, 211. + +Mandamus, when issued, 140. + +Manumission of child, 368. + +Marriage, record of, 191; + infants, consent, 368; + Sunday promise, 410; + impediments, 480; + public school pupil, 357. + +Maryland, cemetery law, 426. + +Mass defined, 29. + +Masses, bequests for, 316. + +Masonic Order, charity, 333. + +Materials, liability, 56. + +Maternal relatives, child, 361. + +Meetings of corporation, 80; + notice, time, place, 176; + consent, 60, 179. + +Members, corporation, 65, 253; + slander of, 378; + cemetery owners, 428, 445. + +Membership in church, 114; + society members, 61; + officers, 156; + condition, bequest, 320. + +Methodist division, 130; + coalition, 310; + Presbyterians, 310. + +Middle Ages, growth of law, 12. + +Minister, definition, 32; + authority of Protestant, 81; + deposed, 104; + dismissal of, 109. + +Minor, not church voter, 115 (see infant); + ex-communication, 87, 131. + +Minutes, evidence, how kept, 189. + +Misnomer, proof, 256. + +Missions, California, 268. + +Mississippi, bigotry, 50, 334. + +Mistake, in deed or will, 317. + +Misuse of property, 291. + +Money, officers, 164; + stolen title, gift, 483; + responsibility for, 172; + gift to charity, 483; + sewing circle, 175; + congregation, 274; + advanced by priest, 109. + +Monks, land, 268. + +Monuments, free, 423, 424; + offensive, 443, 467; + injuring, 421, 423, 429. + +Mortgage, foreclosure, 232; + bishop's authority, 261; + cemetery lot, 432; + church property, 264. + +Mortmain, where in force, 340. + +Mother, child, 362, 366. + +Mother Church, heresy, 122. + +Mother-in-law, tombstone, 468. + +Mummy, property in, 465. + +Murder, correcting child, 364. + +Mutilation of corpse, 462, 463, 464. + +"My wife, Anna Jones," will, insurance, 478. + +N + +Name, change of corporate, 69; + importance, record, 195; + error in bequest or deed, 317. + +Natural Justice, influence, 5. + +Necessaries, what are, 416. + +Necessity, work of, 409. + +Negligence, liability, 336, 470. + +Negroes, burial of, 456. + +Newspaper, criticism of priest, 385; + criticism of dead, 393. + +New York church law, 50. + +Non-baptized, burial, 443. + +Non-members, burial of, 443; + officers, 116. + +Non-residence, right of burial, 458. + +Non-slave-holding, Methodists, 130. + +Note, authority to make, 160; + when church bound, 163; + signers bound, 170. + +Notice, legal, 71, 176, 264; + due notice necessary, 146, 176; + special meeting, 178, 264; + service of, 180; + waiver of, 205; + given on Sunday, 410. + +Nuns, individual property, 342. + +Nuisance, cemetery, 434. + +O + +Obituary, libel, 392. + +Object of juvenile courts, 376. + +Obscene language, mail, 419. + +Offense at common law, 401; + under statutes, 396. + +Office, religious qualifications, 48; + membership qualifications, 156. + +Officers, duties, rights, 63; + non-members, 156, 116; + libel, 392. + +Official communication, libel, 379. + +Ohio, Bible, 347. + +Overdraft, authority, 160. + +Orphan asylums, public money, 344. + +P + +Parent and child, duties, rights, 343; + direct studies, 353. + +Parish, definition, 30; + incorporating, 51; + pastor's relation, 91. + +Parishioner, definition, 30. + +Parsonage, use, 53; + rented, taxes, 332. + +Parochial schools, 343. + +Partners, unincorporated church, 54. + +Parties to suits, 76, 214. + +Pastoral duties, slander, 380. + +Pastor, liability for salary, 55; + relations terminated, 91. + +Paying money to deposed clergy, 213. + +Permission from superior, 101. + +Personalty, church on rollers, 299. + +Perversion of property, 291. + +Persecutions, promoted law, 8. + +Pew, right to occupy, 242, 244; + removal from, 247. + +Pew rent of deceased, 249; + qualification of voter, 250. + +Pew rights, 231-250. + +Philosophical foundations of law, 4. + +Physician, Sunday, 411; + Christian Scientist, 42, 417; + furnishing for family, 416. + +Place, notice of meeting, 143. + +Police power, cemeteries, 429. + +Politics, minister, arrest, 418. + +Poll list of church voters, 145. + +Policemen, arrest, 474. + +Pollution of water, 431. + +Pope, superior authority, 82. + +Possession, key indicates, 168. + +Powers of corporation, 164. + +Prayer in school, 348; + meeting, notice, 187. + +Presbyterians and Methodists, 310. + +Preserve order, priest, 403. + +Preside, who may, 159. + +President, Indians, trade, 374. + +Presumptions, church law, 228. + +Presiding officer, 183. + +Presumed authority, 101. + +Priest, bishop not liable for salary, 98; + fellow-servant of bishop, 95; + semi-servant, 98; + removal, trial, 99, 199; + borrowing money for church, 173; + possession of, 98, 197; + deed in priest's name, 267; + agent of bishop, 270; + excommunication, slander, 380; + newspaper criticism, 385; + using force, order, 403; + excluding disorderlies, 474; + witness, privilege, 221, 222; + answers, 222; + suits by and against, 208. + +Priesthood, discipline, 89; + bequest to educate for, 324. + +Principal service, notice, 180. + +Private school, disturbing, 399. + +Privacy, confessor, 100. + +Privileges of church court, 196; + witness, 221, 222; + cemetery, 441. + +Privileged, confessions, 221; + official communications, 379. + +Probable cause, slander, arrest, 390. + +Procedure in church court, 207. + +Process to obtain jurisdiction, 303. + +Profanity, a crime, 407. + +Profane language in church, 397; + swearer, libel, 393. + +Promise, consideration, 234, 236. + +Proof of the notice, 182; + crime, 407. + +Proper record in parish, 194. + +Property, title in whom, 63; + confiscation, 94; + execution against, 118; + custody of, 197; + factions, 211; + restrictions on amount, 304; + of nuns, 342; + in a corpse, 465. + +Protest against burial, 453. + +Protestant, who is a, 43; + New Hampshire, 43; + superior authority, 81; + services in schools, 29; + teacher, taxes for, 47. + +Public institutions, support, 341; + cemeteries, 433; + school Bible, 348; + religious services in, 29; + residence of pupils, 359; + health, cemetery, 434. + +Punishment in school, 354, 355; + by parent, 364. + +Purposes of a gift or bequest, 278; + acquired for church, 282; + leased lands, 300; + exempt from taxes, 329. + +Q + +Quarrel, secession, 130. + +Quasi-public corporations, 26. + +Quit-claim, conditions, 286. + +Quorum, number necessary, 80; + who counted, 146; + majority, 185, 80, 146. + +R + +Rations for Indian schools, 375. + +Real estate taxes, 51; + purposes, held for, 282; + changing purpose, 339. + +Rebuilding, pewholders, 245. + +Rector or pastor, 33. + +Rector, induction, 96; + charges against, 384. + +Record, keeping, 195. + +Recording marriage, 480. + +Redress of priest, dismissal, 199. + +Reformation and law, 13; + pews rented, sold, 237. + +Reformatories, juvenile courts, 376. + +Regular church organization, 70, 111. + +Regulation of cemeteries, 433. + +Relation of pastor to parish, 91. + +Relatives, abandoned cemetery, 449. + +Religion, ancient, 2; + corporations, 26; + definition, 34; + Christian, 24; + influence on law, 1; + crime under, 40; + anti-religion, freedom, 41; + guardian proselyte, 365; + crimes against, 406. + +Religious garb, 28, 49; + liberty, 18, 28, 49, 415; + membership, 110, 111; + service, consideration, 230; + tests, 35; + tolerance, 18, 28; + society, 20, 23; + worship, 29. + +Remedies in church court, 204. + +Remodeling, pewholders, 245. + +Removal, of clergy, 201; + of animal carcasses, 452; + of building, 275; + of corpse, 460, 461. + +Rented pews, 237; + parsonage, 332; + priest's rights, 240. + +Repair of cemetery, 471. + +Repeating slander, 395. + +Residence of students, 477. + +_Res judicata_, 482. + +Restrictions on property, 304; + corporation, 249. + +Residents of district, 359. + +Resulting trust, 327. + +Revenues of parish, 279. + +Revert, lands when, 294, 295. + +Revocable license, 454. + +Reorganization of corporation, 79. + +Ridicule of holy beings, 406. + +Right, natural, law, 3; + constitutional, 43; + possession, key, 168; + vested property, 292, 210; + adoption, child, 367; + burial, 437, 439; + custody of corpse, 466; + to occupy a pew, 242. + +Riot, county liable, 52. + +"Robbed," libel, slander, 389. + +Rome, source of law, 5. + +Roman Catholic Church, 82. + +Roman law in England, 16. + +Rules of church, 114; + voters in church, 184; + evidence, 193, 219-229; + title in name of bishop, 266; + diocesan, cemeteries, 455. + +S + +Sabbath, violation of, 218. + +Sacraments, slander, 391. + +Salary, priest's, 55, 95; + lien for, 301. + +Sale in perpetuity, of pew, 241; + of church property, 258. + +Saloon near church, 475. + +Schism, secession, 130. + +School, Indian, 372, 375; + public, 343, 344; + parochial, 343; + house, church, 351; + master, authority, 355; + moneys, orphanages, 344. + +Seats, free, 248. + +Secession, result, 72, 130; + property, funds, 123, 319; + debts of church, 126. + +Secret societies, 221. + +Sect, definitions, 27, 58, 94, 313. + +Sectarianism, 27, 28, 29. + +Sectarian, 28; + Bible, 375. + +Secular courts and church, 204; + matters, doctrinal, 84; + work, Sunday, 413. + +Selling pew on execution, 246. + +Sentence, publishing libel, 133. + +Sepulture, right of, 140. + +Sermon, slander, 388. + +Servant, priest of bishop, 98. + +Services, pay for, 108; + wife's in home, 370; + divine, disorder, 402; + religious, 29. + +Seventh-Day observers, 412. + +Sewing circle, moneys, 175. + +Sexton, salary, 174; + authority in church, 314. + +Shakers, property of, 58. + +Sick, bells disturbing, 479. + +Signature, "Nalty Family," 234. + +Sins and crimes, 396. + +Sisters, hospital, public money, 44. + +Slander at trial, 203. + +Slave-holding, Methodists, 130. + +Smoking in church, 397. + +Societies, members, 61; + distinct from congregation, 124; + Sunday meetings, 413; + governed by laws, 472; + bishop's control of, 473; + secret, 221. + +Sold pews, 237. + +Soldiers' tombstones, 423. + +Sovereignty, meaning, 38. + +Spanish territory, church, 277. + +Special damages, slander, 394. + +Special law, incorporation, 62; + meeting, notice, 178; + purpose, money given for, 235. + +Spiritual authority, 87. + +Standard of doctrine, 25, 29. + +_Stara decisis_, 482. + +State authority, cemeteries, 425. + +States, each sovereign, 38; + restrictions in church lands, 304; + education, books, 343, 349; + cemeteries, 459, 421. + +Statutes, wills, bequests, 315; + cemeteries, 421, 426. + +Stipulation, cemetery, 454. + +Strangers, voting, 146; + burial in cemetery, 443; + stranger in lot, 453. + +Students, voters, where, 477. + +Studies, control of school, 353. + +Subordinate organization, 125. + +Subsequent laws to constitution, 68. + +Subscriptions, right to solicit, 102; + unpaid, liability, 119, 234; + consideration, 234, 236; + lot given as, 255; + Sunday, 411; + special purpose of, 235. + +Successors, officers, 150, 158; + bishop's, 287. + +Suits, parties, 76, 217; + must have right, 76, 94, 235; + in name of one for others, 214; + prevent perverted use, 291; + priest, 208. + +Sunday, services in school, 351; + violations of, 408; + when begins and ends, 414. + +Sunday school, church, 29, 398. + +Superioress, liability, 172. + +Supporting church, state, 334. + +Support, test of membership, 111. + +Suspension by bishop, 201. + +Surgeon at hospital, 337. + +T + +Tax to support Protestantism, 47; + on pews, 243; + incorporation, 51. + +Taxes, bishop's residence, 265, 331. + +Teacher, religious exercise, 346; + studies of pupils, 353. + +Temporal affairs, corporation, 66, 309. + +Term of office, 158. + +Testimony, church court, 203; + on trial privileged, 386. + +Test oath, unconstitutional, 36. + +Texan Revolution, church, 269. + +Text-books, board controls, 349. + +Thanks as pay, 166. + +Theory of church crimes, 405. + +Time of meeting, 143; + condition, deed, gift, 284; + disturbance of meeting, 402. + +Title, deed, 254; + adverse possession, 257; + proof of, 265, 266, 280; + monks in California, 268; + divided church, 290; + mortmain, 340; + cemetery lot, 439. + +Tobacco, use of, slander, 384. + +Tolling bell, slander, 392; + when nuisance, 479. + +Tombstones, 423, 424; + right to put up, 468. + +Torts, church courts, 292; + corpse, mutilating, 463. + +Trades taught Indians, 374. + +Traffic, disturbing meeting, 404. + +Treasurer, authority of, 162. + +Trees, cutting in cemetery, 469. + +Trespass in cemetery, 429, 448. + +Tribunals, church, 19; + decision of, 97; + procedure privileged, 377, 386. + +Trial, injunction against, 99; + church, lawful, 197; + counsel for parties, 200; + judgment, 201; + proceedings privileged, 203. + +True religion, 2, 311. + +Trust, enforcing, 60; + fraud creating, 171; + courts of equity, 212; + sale in perpetuity, 241; + bishop, land, 262, 287; + evidence of, 273; + vests in whom, 278; + distinguished, 296; + holding for others, 340. + +Trustees of church, 58; + disqualified, 134; + duties and powers, 58, 155; + note by trustees, 163; + compensation of, 166; + bequests to, 251; + vacancies, how filled, 288. + +Trust funds, 297. + +Two-family lot in cemetery, 451. + +U + +Uncertainty, legatees, 271, 322, 323. + +Undertaker, duties, rights, 314. + +Undue influence of clergy, 318. + +Uniformity, 190. + +Unincorporated church, 85, 117; + liability of members, 251; + who may manage, 154. + +Unincorporated congregation, 217; + parish, 117. + +United States, 422, 227. + +Usages, pew rent, perquisites, 105; + election, 148; + proof of church, 228. + +Use, special by deed or devise, 53; + for church, pews, 240; + of parish buildings, 276; + distinguished, 296; + forfeited, how, 444. + +V + +Vacancy in office, 288. + +Vacate cemetery, 459. + +Vested rights, 294; + forfeiture, 72, 294. + +Violation of discipline, 402. + +Virgin, Blessed, mail, 406. + +Void, devise or gift, 135; + elections, 143, 177. + +Voire dire examination, 222, 225. + +Vote of excommunication, 133; + students at college, 477. (See "Ballot," "Usage.") + +Voters, qualifications, 144, 184, 250; + poll list of, 145; + challenge of, 186. + +Votes, cast, majority, 151; + inspectors, 186; + illegal, effect, 186. + +Vows, property rights, 342. + +W + +Wages of Sisters, 49; + of sexton, 174. + +Waiver of notice, 205; + challenge, 186. + +Warden, wages, 174; + authority, 174. + +Wards, Indians are, 371; + religion of, 365. + +Wedding pranks, unlawful, 481. + +Well, cemetery polluting, 431. + +White children, public schools, 357. + +Will, conditions, 285; + under statutes, 315; + slander by will, 382; + disposing of corpse, 457, 466. + +Wisconsin's statutes, 50. + +Wisconsin Industrial School for Girls, 28. + +Withdrawal from church, 127. + +Witness in church trial, 207; + civil courts, 222. + +Worship, who determines, 308; + religious, 29. + +Written notice required, 187. + +Y + +Y. M. C. A., taxes, 476. + + + + + +BOOKS OF DOCTRINE, INSTRUCTION, DEVOTION, MEDITATION, BIOGRAPHY, NOVELS, +JUVENILES, ETC. 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DONNELLY. 0 50 +LEGENDS AND STORIES OF THE HOLY CHILD JESUS. LUTZ. 0 75 +LITTLE APOSTLE ON CRUTCHES. DELAMARE. 0 35 +LITTLE GIRL FROM BACK EAST. ROBERTS. 0 35 +LITTLE LADY OF THE HALL. RYEMAN. 0 35 +LITTLE MARSHALLS AT THE LAKE. NIXON-ROULET. 0 50 +LITTLE MISSY. WAGGAMAN. 0 35 +LOYAL BLUE AND ROYAL SCARLET. TAGGART. 1 00 +MAD KNIGHT, THE. SCHACHING. 0 35 +MADCAP SET AT ST. ANNE'S. BRUNOWE. 0 35 +MAKING OF MORTLAKE. COPUS. 1 00 +MARKS OF THE BEAR CLAWS. SPALDING. 1 00 +MARY TRACY'S FORTUNE. SADLIER. 0 35 +MELOR OF THE SILVER HAND. BEARNE. 1 00 +MILLY AVELING. SMITH. 0 50 +MIRALDA. JOHNSTON. 0 35 +MORE FIVE O'CLOCK STORIES. 0 75 +MOSTLY BOYS. FINN. 1 00 +MYSTERIOUS DOORWAY. SADLIER. 0 35 +MYSTERY OF CLEVERLY. BARTON. 0 50 +MYSTERY OF HORNBY HALL. SADLIER. 0 50 +NAN NOBODY. WAGGAMAN. 0 35 +NED RIEDER. WEHS. 0 50 +NEW BOYS AT RIDINGDALE. BEARNE. 1 00 +NEW SCHOLAR AT ST. ANNE'S. BRUNOWE. 0 50 +OLD CHARLMONT'S SEED-BED. SMITH. 0 35 +OLD MILL ON THE WITHROSE. SPALDING. 1 00 +ON THE OLD CAMPING GROUND. MANNIX. 1 00 +OUR LADY'S LUTENIST. BEARNE. 1 00 +PANCHO AND PANCHITA. MANNIX. 0 35 +PAULINE ARCHER. SADLIER. 0 35 +PERCY WYNN. FINN. 1 00 +PERIL OF DIONYSIO, THE. MANNIX. 0 35 +PETRONILLA, AND OTHER STORIES. DONNELLY. 0 50 +PICKLE AND PEPPER. DORSEY. 1 00 +PILGRIM FROM IRELAND. CARNOT. 0 35 +PLAYWATER PLOT, THE. WAGGAMAN. 0 50 +POLLY DAY'S ISLAND. ROBERTS. 1 00 +POVERINA. BUCKENHAM. 0 50 +QUEEN'S PAGE, THE. HINKSON. 0 35 +QUEEN'S PROMISE, THE. WAGGAMAN. 0 50 +QUEST OF MARY SELWYN. CLEMENTIA. 1 00 +RACE FOR COPPER ISLAND. SPALDING. 1 00 +RECRUIT TOMMY COLLINS. BONESTEEL. 0 35 +RIDINGDALE FLOWER SHOW. BEARNE. 1 00 +ROMANCE OF THE SILVER SHOON. BEARNE. 1 00 +ST. CUTHBERT'S. COPUS. 1 00 +SANDY JOE. WAGGAMAN. 1 00 +SEA-GULL'S ROCK. SANDEAU. 0 35 +SEVEN LITTLE MARSHALLS. NIXON-ROULET. 0 35 +SHADOWS LIFTED. COPUS. 1 00 +SHEER PLUCK. BEARNE. 1 00 +SHERIFF OF THE BEECH FORK. SPALDING. 1 00 +SHIPMATES. WAGGAMAN. 0 50 +STRONG-ARM OF AVALON. WAGGAMAN. 1 00 +SUGAR CAMP AND AFTER. SPALDING. 1 00 +SUMMER AT WOODVILLE, A. SADLIER. 0 35 +TALES AND LEGENDS OF THE MIDDLE AGES. CAPELLA. 0 75 +TALISMAN, THE. SADLIER. 0 50 +TAMING OF POLLY, THE. DORSEY. 1 00 +THAT FOOTBALL GAME. FINN. 1 00 +THAT OFFICE BOY. FINN. 1 00 +THREE LITTLE GIRLS, AND ESPECIALLY ONE. TAGGART. 0 35 +TOLD IN THE TWILIGHT. SALOME. 0 50 +TOM LOSELY: BOY. COPUS. 1 00 +TOM PLAYFAIR. FINN. 1 00 +TOM'S LUCK-POT. WAGGAMAN. 0 35 +TOORALLADDY. By JULIA C. WALSH. 0 35 +TRANSPLANTING OF TESSIE. WAGGAMAN. 0 50 +TREASURE OF NUGGET MOUNTAIN. TAGGART. 0 50 +TWO LITTLE GIRLS. MACK. 0 35 +UNCLE FRANK'S MARY. CLEMENTIA. 1 00 +UPS AND DOWNS OF MARJORIE. WAGGAMAN. 0 35 +VIOLIN MAKER, THE. Adapted by SARA TRAINER SMITH. 0 35 +WAYWARD WINIFRED. SADLIER. 1 00 +WINNETOU, THE APACHE KNIGHT. TAGGART. 0 50 +WITCH OF RIDINGDALE. BEARNE. 1 00 +YOUNG COLOR GUARD. BONESTEEL. 0 35 + + + + + + +FOOTNOTES + + + 1 U. S. Constitution, Amendments, art. i, art. xiv, sec. 1. + + 2 Lives of the Popes, Montor, vol. i, p. 94; Life of Leo XIII, + "Philippine Question." + + 3 The Science of Jurisprudence, Taylor, p. 506; Historical + Jurisprudence, Lee, p. 328. + + 4 Ancient Egypt, Rawlinson, vol. i, p. 323. + + 5 Historical Jurisprudence, Lee, pp. 98, 164, 274; History of England, + Lingard, vol. i, c. vii; The Science of Jurisprudence, Taylor, p. + 506. + + 6 Historical Jurisprudence, Lee, p. 257. + + 7 Historical Jurisprudence, Lee, p. 271. + + 8 The Beginnings of Christianity, Shahan, 90. + + 9 Elements of Ecclesiastical Law, Smith. + + 10 Historical Jurisprudence, Lee, p. 387; Justinian, Sandar, p. 21. + + 11 The Beginnings of Christianity, Shahan. + + 12 Universal Church History, Alzog. + + 13 Law Dictionary, Bouvier, "Benefit of Clergy," "Canon Law"; + Blackstone, vol. i, p. 460, vol. iii, p. 61. + + 14 Blackstone, vol. i, p. 461. + + 15 Justinian, Sandar, p. 21; Cyc, vol. viii, p. 366, vol. xiv, p. 1228; + Eq. Jurisprudence, Pomeroy, vol. i, p. 1; The Science of + Jurisprudence, Taylor, p. 255 et seq; Blackstone, vol. i, pp. 18-20, + 63; Kent, vol. i, p. 10; English Constitution, Creasy. + + 16 Blackstone, vol. i, p. 82, vol. iv, c. 33; The Science of + Jurisprudence, Taylor, p. 337; Conflict of Laws, Wharton, sec. 172. + + 17 The American Cyclopedia, "Bologna." + + 18 The Science of Jurisprudence, Taylor, p. 238. + + 19 Blackstone, vol. i, pp. 18-20, 79, vol. iv, c. 33. + + 20 Commentaries, Kent, vol. i, c. xi, pp. 342, 473, 515, 525-544, vol. + ii, p. 27; Origin and Nature of the Constitution and Government of + U. S., U. S. Sup. Ct. Reps., 9 L. Ed., 873. + + 21 Commentaries, Kent, vol. i, p. 472; Blackstone, vol. i, p. 107. + + 22 Commentaries, Kent, vol. ii, pp. 35-37; Conflict of Laws, Wharton + (3rd ed.), vol. ii, pp. 1327-8. + + 23 Law of Fraternities, Scanlan, ch. xxiv; Conflict of Laws, Wharton, + sec. 109; Baxter v. McDonald, 155 N. Y., 83; 49 N. E., 667; Morris + v. Dart, 67 S. C, 338; 45 S. E., 753; 100 Am. St. R., 734; Terrett + v. Taylor, 13 U. S., 43; 3 L. Ed., 650. + + 24 Weld v. May, 9 Cushing, Mass., 181. + + 25 Martin v. State, 65 Tenn., 234. + + 26 A Manual of Catholic Theology, Wilhelm and Scannell, p. xvii, et + seq. + + 27 A Catholic Dictionary, Addis and Arnold, "Dogma." + + 28 In re St. Louis Inst. of Christian Science, 27 Mo. App., 633. + + 29 Hale v. Everett, 53 N. H., 9. + + 30 State v. Trustees, 7 Ohio St., 58. + + 31 Kniskern v. Lutheran Church, 1 Sandford, N. Y., Ch. 439. + + 32 State v. Hallock, 16 Nev., 373. + + 33 Stephenson v. Hanyon, 7 Dist. Ct. Rep. Pa., 585. + + 34 State v. Board, 134 Mo., 296; 35 S. W., 617. + + 35 Synod v. State, 2 S. Dak., 366; 50 N. W., 632; 14 L. R. A., 418. + + 36 Stebbins v. Jennings, 10 Pick., Mass., 172. + + 37 State v. District Board, 76 Wis., 177; 44 N. W., 967; 20 Am. St. + Rep., 41; 7 L. R. A., 330. + + 38 Hackett v. Brooksville, 27 Ky. L., 1021; 87 N. W., 792; 69 L. R. A., + 592. + + 39 State v. Board, 134 Mo., 296; 35 S. W., 617; 56 Am. St. Rep., 503. + + 40 County v. Industrial School, 125 Ill., 540; 18 N. E., 183; 1 L. R. + A., 437; 8 Am. St. Rep., 386. + + 41 "Wis. Industrial School for Girls," Wisconsin Blue Book. Session + Laws of Wis., 1907, p. 1416 (index to Acts). Wis. Industrial School + for Girls v. Clark Co., 103 Wis., 651; 79 N. W., 422. + + 42 O'Connor v. Hendrick, 184 N. Y., 421; 77 N. E., 612. + + 43 Hysong v. Gallitzen, 164 Pa., 629; 30 At., 482; 44 Am. St. Rep., + 623; 26 L. R. A., 203; Dorner v. School Dist., 118 N. W., 353 (Nov. + 27, 1908). A good resume of the subject is given in a footnote in + 105 Am. St. R., 151. + + 44 Stafford v. State, 45 So., 673. A Protestant Dictionary, Wright & + Neil, and Webster's Dictionary, "Worship." A Catholic Dictionary, + Addis and Arnold, "Latria." + + 45 Gass's App., 73 Pa., 46; 13 Am. Rep., 726; State v. Norris, 59 N. + H., 536. + + 46 St. Joseph's Church v. Assessors, 12 R. I., 19; 34 Am. R., 597; + Gerke v. Purcell, 25 Ohio, 229; Am. & Eng. Ency. of L., "Worship." + + 47 Ante, 28; Post, 346. + + 48 Catholic Catechism. + + 49 Sherman v. Baker, 20 R. I., 446; 40 At., 11; 40 L. R. A., 717. + + 50 Webster v. Surghow, 69 N. H., 380; 45 At., 139; 48 L. R. A., 100. + + 51 Coleman v. O'Leary, 114 Ky., 388; 70 S. W., 1068. + + 52 McEntee v. Bonacum, 66 Neb., 651; 92 N. W., 633. + + 53 American and English Encyclopedia of Law, "Parishoner." + + 54 Ibid., "Minister"; 7 Cyc, 189, "Clergy." + + 55 Ibid. + + 56 Ibid. + + 57 Davies v. Beason, 133 U. S., 333; 33 L. Ed., 637. + + 58 Simpson v. Welcome, 72 Me., 496. + + 59 Board v. Minor, 23 Ohio St., 250. + + 60 Baxter v. Langley, 38 L. J., M. C., 1. + + 61 Art. vi. + + 62 Ex parte Garland, 4 Wallace, 333; 18 L. Ed., 366. + + 63 Church of Latter-Day Saints v. U. S., 136 U. S., 1; 34 L. Ed., 478; + 140 U. S., 665; 35 L. Ed., 592. + + 64 Reynolds v. United States, 8 Otto, 145; 25 L. Ed., 244. + + 65 Church of Latter-Day Saints v. U. S., 136 U. S., 1; 34 L. Ed., 478; + 140 U. S., 665; 35 L. Ed., 592. + + 66 Davis v. Beason, 133 U. S., 333; 33 L. Ed., 637. + + 67 Fenelon v. Girard, 2 Howard, 127; 11 L. Ed., 205. + + 68 State v. Marble, 72 Ohio St., 21; 73 N. E., 1063; State v. + Chenoweth, 163 Ind., 94; 71 N. E., 197; People v. Reetz, 127 Mich, + 87; 86 N. W., 396; 59 Cen. L. J., 202; 68 L. R. A., 432. + + 69 Thaxter v. Jones, 4 Mass., 570. + + 70 Hale v. Everett, 53 N. H., 9. + + 71 Federal and State Constitutions, Stimson. + + 72 Bradford v. Roberts, 175 U. S., 291; 44 L. Ed., 168; 20 Sup. Ct. R., + 121; Municipality of Ponce v. The Roman Catholic Apostolic Church, + 28 Sup. Ct. R., 737 (1908). + + 73 Terrett v. Taylor, 9 Cranch, 43; 3 L. Ed., 650; Municipality, etc., + v. Church, 28 Sup. Ct. R., 737. + + 74 Millard v. Board, 19 Ill., 48; Dorner v. Dist., 118 N. W., 353. + + 75 Ashby v. Wellington, 25 Mass., 524. + + 76 Federal and State Constitutions, Stimson, p. 139; Hale v. Everett, + 53 N. H., 9. + + 77 State v. Trustees, 11 Ohio, 24. + + 78 First v. Leach, 35 Vt., 108. + + 79 Federal and State Constitutions, Stimson, p. 139. + + 80 State v. District, 76 Wis., 177; 44 N. W., 967; 20 Am. St. R., 41; 7 + L. R. A., 330. + + 81 Church v. Bullock, 100 S. W. (Tex.), 1025; Millard v. Board, 121 + Ill., 297; 10 N. E., 669; Hackett v. Brooksville, 27 Ky. L., 1021; + 87 S. W., 792; 69 L. R. A., 592; 61 C. L. J., 49. + + 82 Church v. Bullock, 100 S. W., 1025. + + 83 Moore v. Monroe, 64 Ia., 367; 20 N. W., 475; 66 L. R. A., 166; 52 + Am. R., 444; Pfeiffer v. Board, 118 Mich., 560; 77 N. W., 250; 42 L. + R. A., 536. + + 84 Hysong v. Gallitzin Borough School, 164 Pa. St., 629; 30 At., 482; + 26 L. R. A., 203; Dorner v. School District, 118 N. W., Wis., 353 + (Nov. 27, 1908). + + 85 O'Connor v. Hendricks, 96 N. Y. S., 161. + + 86 Ch. 723, L. 1895. + + 87 West v. Otteson, 80 Wis., 62; 49 N. W., 24; Ferraria v. + Vasconcellos, 23 Ill., 456; 31 Ill., 25. + + 88 Gitzhoffen v. Sisters, 88 Pac., 691; 32 Utah, 46; Trustees v. B. P. + O. E., 122 Wis., 452; 100 N. W., 837. + + 89 Hermits v. County, 7 Pa. L. J., 124. + + 90 Trustees v. Manning, 72 Md., 116; 19 At., 599. + + 91 In re Van Horn, 18 R. I., 389. + + 92 Wardens v. Blanc, 8 Rob, La., 51. + + 93 Rutherford v. Hill, 22 Or., 218; 29 Pac., 546; 17 L. R. A., 549; 56 + Cen. L. J., 221; Wechselberg v. Flour, 64 F., 90. + + 94 Jewett v. Thames Bank, 16 Conn., 511. + + 95 Jeffts v. York, 10 Cushing, 392. + + 96 Allen v. M. E. Church, 127 Ia., 96; 102 N. W., 808; 69 L. R. A., + 255; Sawyer v. Methodist, 18 Vt., 405. + + 97 Wise v. Perpetual Trustees, House of Lords, 57 C. L. J., 104. + + 98 Sheehy v. Blake, 77 Wis., 394; 46 N. W., 537; 69 L. R. A., 255. + + 99 Clark v. O'Rourke, 111 Mich., 108; 69 N. W., 147. + + 100 Bradford v. Cary, 5 Me., 339; Lynch v. Pfeiffer, 110 N. Y., 33; 17 + N. E., 402; In re St. Luke's, 17 Philadelphia, 261. + + 101 Addison v. Brock, 3 Me., 243. + + 102 Stebbins v. Jennings, 10 Pickering, 172. + + 103 Municipality of Ponce v. Roman Catholic Church, 28 Sup. Ct. R., 737; + 6 Cyc, 915. + + 104 Ferraria v. Vasconcellos, 31 Ill., 25; Mason v. Muncaster, 9 + Wheaton, 468; 6 L. Ed., 131. + + 105 Wheaton v. Gates, 18 N. Y., 395. + + 106 South v. Yates, 1 Hoff. N. Y., 142; Miller v. Chittendon, 42 Ia., + 252; Newmarket v. Smart, 45 N. H., 87; Evangelical Appeal, 35 Pa. + St., 316. + + 107 Congregational Society v. Swan, 2 Vt., 222. + + 108 Horton v. Baptist Church, 34 Vt., 309. + + 109 Associated Reform Church v. Theological Seminary, 4 N. J. Eq., 77. + + 110 Taylor v. Edison, 4 Cushing, 522. + + 111 Laws of 1895, ch. 723; Religious Corporations, Cummings and Gilbert. + + 112 Heiss v. Vosburg, 59 Wis., 532; 18 N. W., 463. + + 113 Tartar v. Gibbs, 24 Md., 323. + + 114 Christian C. v. C., 219 Ill., 503; 76 N. E., 703. + + 115 Jackson v. Legate, 9 Wendell, N. Y., 377. + + 116 10 Cyc, 235-244. + + 117 Atty-Gen. v. Dutch, 36 N. Y., 452. + + 118 Methodist v. Pickett, 23 Barber, 436. + + 119 Sutton v. Cole, 8 Mass., 96. + + 120 Miller v. English, 21 N. J. L., 317. + + 121 Enos v. Church, 187 Mass., 40; 72 N. E., 253. + + 122 Baptist v. Wetherell, 3 Paige, N. Y., 296; In re Williams, 105 N. Y. + S., 1105; Contra: First R. P. Ch. v. Bowden, 10 Abb., N. C., 1. + + 123 Bellports v. Tooker, 29 Barber, N. Y., 256. + + 124 Sutter v. First, 42 Pa. St., 503. + + 125 Atwater v. Woodbridge, 6 Conn., 223. + + 126 Wardens v. Hall, 22 Conn., 125. + + 127 Beach, Private Corporations, vol. i, p. 608. + + 128 Free Ch. of Scotland v. Overton, Appeal Cases, House of Lords, 1904; + Winnebrenner v. Colder, 43 Pa. St., 244. + + 129 Rules of Order, Scanlan, c. iii. + + 130 Christ's Ev. L. C., 5 Pa. Co. Court, 121. + + 131 In re Zion, 8 Kulp. Pa., 239. + + 132 In re Hebron, 9 Phil., 609. + + 133 U. S. v. Church, 5 Utah, 361, 394, and 538; 15 Pac., 473; 16 Pac., + 723; 18 Pac., 35. + + 134 Neil v. Vestry, 8 Gill., 116. + + 135 Madison v. Baptist, 26 N. Y., 570; Stokes v. Phelps, 47 Hun., 570. + + 136 German, etc., 9 Pa. Co. C., 12. + + 137 Evenson v. Ellingson, 72 Wis., 242; 39 N. W., 330. + + 138 Toby v. Wareham, 54 Mass., 440. + + 139 Weber v. Zimmerman, 22 Md., 156; Wyncoop v. Cong., 10 La., 185. + + 140 Magie v. German, 13 N. J. Eq., 77. + + 141 Esterbrook v. Tillinghast, 71 Mass., 17. + + 142 South v. Clapp, 18 Barber, N. Y., 35. + + 143 Tilden v. Metcalf, 2 Day, Conn., 259; Heiss v. Vosburg, 59 Wis., + 532; 18 N. W., 518. + + 144 Keller v. Tracy, 11 Ia., 530. + + 145 Verrian v. Methodist, 44 Abbott Pr., 424. + + 146 Trustees v. Hoessli, 13 Wis., 348. + + 147 Franke v. Mann, 106 Wis., 118; 81 N. W., 1014. + + 148 Den. v. Pilling, 24 N. J. L., 653. + + 149 Mormon v. United States, 136 U. S., 1; 33 L. Ed., 639. + + 150 In re Methodist, 67 Hun., 86. + + 151 In re Union, 6 Abb., N. C., 398. + + 152 First v. Brownell, 5 Hun., 464. + + 153 Evenson v. Ellingson, 72 Wis., 242; 39 N. W., 330. + + 154 Rules of Order, Scanlan, 20; Tartar v. Gibbs, 24 Md., 328; Sutter v. + First, 42 Pa. St., 503. + + 155 Rose v. Vertin, 46 Mich., 457; 9 N. W., 491; Tuigg v. Sheehan, 101 + Pa. St., 363. + + 156 Am. & Eng. Ency. of L., "Religious Societies." + + 157 Den. v. Bolton, 12 N. J. L., 206. + + 158 Bonacum v. Murphy, 65 Neb., 831, and 71 Neb., 463; 98 N. W., 1030; + 102 N. W., 267, and 104 N. W., 180. + + 159 Bonacum v. Murphy, 71 Neb., 463; 104 N. W., 180; Bowden v. MacLeod, + 1 Edw., N. Y., 588. + + 160 Congregation v. Martin, 4 Rob., La., 62. + + 161 Fitzgerald v. Robinson, 112 Mass., 371; Grosvenor v. United States, + 118 Mass., 78; Post, 132. + + 162 Wardens v. Blanc, 8 Rob., La., 51. + + 163 Bowldin v. Alexander, 82 U. S., 131; 21 L. Ed., 69. + + 164 Den. v. Pilling, 24 N. J. L., 653. + + 165 Appeal of McAuley, 77 Pa., 397. + + 166 Smith v. Swormstedt, 57 U. S., 288; 14 L. Ed., 942. + + 167 Skilton v. Webster, Bright, Pa., 203; Mt. Helena Bp. Ch., 79 Miss., + 488; 30 So. Rep., 714. + + 168 Smith v. Swormstedt, 57 U. S., 288; 14 L. Ed., 942. + + 169 Tartar v. Gibbs, 24 Md., 323; Papalion v. Manusos, 113 Ill. App., + 316. + + 170 People v. Steele, 2 Barber, 397. + + 171 Stebbins v. Jennings, 10 Pickering, 172. + + 172 Elizabeth City v. Kennedy, Bush, 44, N. C. Law, 89. + + 173 Diffendorf v. Reformed Church, 20 Johns., N. Y., 12. + + 174 Sutton v. Trustees, 42 Pa., 503. + + 175 Baxter v. McDonald, 155 N. Y., 83; 49 N. E., 667. + + 176 Wardens v. Blanc, 8 Rob., 51. + + 177 Young v. Ransom, 31 Barb., 49. + + 178 Perry v. Wheeler, 75 Ky., 541. + + 179 Sheldon v. Easton, 4 Mass., 281; Congregation v. Peres, 42 Tenn., + 620; Thompson v. Catholic, 22 Mass., 469. + + 180 Proprietors v. Proprietors, 48 Mass., 496. + + 181 Dempsey v. North, 98 Mich., 444; 57 N. W., 267. + + 182 Hackett v. Mt. Pleasant, 46 Ark., 291. + + 183 Chatard v. O'Donovan, 80 Ind., 20. + + 184 Brestor v. Burr, 120 N. Y., 427; 8 L. R. A., 710; 24 N. E., 937. + + 185 Walker v. Wainwright, 16 Barb., 486. + + 186 O'Hara v. Stack, 90 Pa., 477. + + 187 Stack v. O'Hara, 98 Pa. St., 213. + + 188 Cooper v. McKenna, 104 Mass., 284. + + 189 Leahy v. Williams, 141 Mass., 345. + + 190 State v. Winkle, 14 N. H., 480. + + 191 Methodist v. Sherman, 36 Wis., 404. + + 192 Baldwin v. McKlinch, 1 Me., 102. + + 193 Elizabeth City v. Kennedy, 44 N. C., 89. + + 194 Calkins v. Cheney, 92 Ill., 463. + + 195 St. Patrick's v. Daly, 116 Ill., 76; 4 N. E., 241. + + 196 Congregation v. Martin, 4 Rob., La., 62. + + 197 Meyer v. Baptist, 38 Vt., 614. + + 198 Congregation v. Martin, 4 Rob., 62. + + 199 Whittmore v. Fourth, 68 Mass., 306. + + 200 St. Patrick's v. Daly, 4 N. E., 241; 116 Ill., 76. + + 201 Tuigg v. Treacy, 104 Pa., 493. + + 202 Tartar v. Gibbs, 24 Md., 323. + + 203 Heiss v. Murphy, 40 Wis., 276, 278; Den. v. Pilling, 24 N. J. L., + 653. + + 204 Weckerly v. Geyer, 11 Ser. R. Pa., 35. + + 205 Weinbrenner v. Colder, 43 Pa. St., 244. + + 206 People v. Tuthil, 31 N. Y., 550. + + 207 Price v. Lyon, 14 Conn., 280. + + 208 Suter v. Spangler, 4 Phil., 331. + + 209 Smith v. Pedigo, 145 Ind., 36; 32 L. R. A., 836; 33 N. E., 777. + + 210 McGuire v. Trustees, 54 Hun., 207. + + 211 Church v. Halverson, 42 Minn., 503; 44 N. W., 563; Day v. Bolton, 12 + N. J. L., 206; Den. v. Pilling, 24 N. J. L., 653. + + 212 Osgood v. Bradley, 7 Me., 411. + + 213 Baptist v. Witherell, 24 Am. Dec., 223; 3 The Catholic Cyclopedia, + 755; Contra: First R. P. Ch. v. Bowden, 10 Abb., N. C, 1. See post + 134, 156. + + 214 Jewett v. Thames, 16 Conn., 511. + + 215 Chick v. Trevett, 20 Me., 462; Allen v. M. E. Church, 127 Ia., 96; + 102 N. W., 808; 69 L. R. A., 255. + + 216 Sheehy v. Blake, 72 Wis., 411; 39 N. W., 479; 9 L. R. A., 564. + + 217 Chase v. Merrimac, 34 Mass., 564; Bigelow v. Congregation, 15 Vt., + 370. + + 218 Richardson v. Butterfield, 60 Mass., 191. + + 219 State v. Hebrew, 31 La. Ann., 205; 33 Am. Rep., 217; Grosvenor v. + United States, 118 Mass., 78; Watson v. Garbin, 54 Mo., 358. + + 220 State v. Getty, 69 Conn., 286; 37 At., 188. + + 221 Free Church of Scotland v. Overton, Appeal Cases, House of Lords, + 1904; Fuchs v. Meisel, 102 Mich., 357; 32 L. R. A., 92; 60 N. W., + 773. + + 222 Methodist v. Wood, 5 Ohio, 12. + + 223 McGinnis v. Watson, 41 Pa. St., 9. + + 224 German v. Seibert, 3 Pa. St., 282. + + 225 Sutter v. First, 42 Pa. St., 503. + + 226 Miller v. Gable, 2 Den., N. Y., 492; Eis v. Croze, 149 Mich., 62; + 112 N. W., 943; Dressen v. Brameier, 56 Ia., 756; 9 N. W., 193; + Amish v. Gelhaus, 71 Ia., 170; 32 N. W., 318. + + 227 Lamm v. Cain, 129 Ind., 486; 14 L. R. A., 518. + + 228 Fernald v. Lewis, 6 Me., 264. + + 229 Trustees v. Henschell, 48 Minn., 494; 51 N. W., 477. + + 230 Perry v. Tupper, 74 N. C., 722. + + 231 Wanner v. Emanuel, 174 Pa., 466. + + 232 West v. Ottesen, 80 Wis., 62; 49 N. W., 24. + + 233 Second v. First, 23 Conn., 255. + + 234 Smith v. Swormstedt, 57 U. S., 288; 14 L. Ed., 942. + + 235 Nelson v. Benson, 69 Ill., 27; Brown v. Porter, 10 Mass., 93. + + 236 Page v. Crosby, 41 Mass., 211. + + 237 Harper v. Straws, 53 Ky., 48; Hale v. Everett, 53 N. H., 9; Wiswell + v. First, 14 Ohio St., 31; Reorganized v. Church, 60 Fed., 937; 32 + L. R. A., 838; Fernstler v. Seibert, 114 Pa., 196; 6 At., 165. + + 238 Shannon v. First, 42 Ky., 253. + + 239 Servatius v. Pichel, 34 Wis., 292; McGrath v. Finn, 16 Alb. L. J., + 186; Morasse v. Borchee, 151 Mass., 567; 25 N. E., 74. + + 240 Farnsworth v. Storrs, 59 Mass., 412. + + 241 Bowldin v. Alexander, 15 Wall., 131; 21 L. Ed., 69; Ante, sec. 116, + post 156. + + 242 In re Paulson's will, 127 Wis., 612; 107 N. W., 484. + + 243 Barry v. C. K. of W., 119 Wis., 362; 96 N. W., 797. + + 244 In re Knox, 25 Ch. Div., 542. + + 245 Harden v. Baptist, 51 Mich., 137; 16 N. W., 311. + + 246 Taylor v. Edison, 58 Mass., 522; Gray v. Christian, 137 Mass., 329. + + 247 Fulbright v. Higgenbotham, 133 Mo., 668; 34 S. W., 875. + + 248 Jones v. State, 28 Neb., 495; 44 N. W., 658; 7 L. R. A., 325. + + 249 Hamel v. German, 1 Weekly Note Cases, 411. + + 250 State v. Hebrew, 31 La. Ann., 205; 33 Am. Rep., 217. + + 251 Deadrick v. Lampson, 58 Tenn., 523. + + 252 Smith v. Pedigo, 145 Ind., 361; 32 L. R. A., 838. + + 253 Lucas v. Case, 9 Bush, Ky., 297. + + 254 Grosvenor v. U. S., 118 Mass., 78. + + 255 Miller v. English, 21 N. J. L., 317; 10 Cyc, 320-328; Rules of + Order, Scanlan, 17. + + 256 State v. Crowell, 9 N. J. L., 391; Commonwealth v. Cain, 5 Ser. & + R., Pa., 510. + + 257 Wegerle v. Geyer, 11 Ser. & R., Pa., 35. + + 258 Juker v. Commonwealth, 20 Pa. St., 484; St. Luke's v. Matthews, 4 + Desau, S. C., 578; State v. Crowell, 9 N. J. L., 391. + + 259 People v. Tuthill, 31 N. Y., 550. + + 260 Rules of Order, Scanlan, 18, 20; 10 Cyc, 329. + + 261 Madison v. Baptist, 32 Howard's Pr., 335. + + 262 People v. Tuthill, 31 N. Y., 550. + + 263 Hart v. Harvey, 32 Barb., N. Y., 55. + + 264 Alexander v. Bowers, 79 S. W., 342. + + 265 Rules of Order, Scanlan, 18, 20, 23; People v. Peck, 11 Wend., N. + Y., 604. + + 266 Rules of Order, Scanlan, 9; Gipson v. Morris, 83 S. W., Tex., 226; + McCrary's Am. L. of Elections, secs. 298-300. + + 267 Juker v. Commonwealth, 20 Pa., 484. + + 268 Rules of Order, Scanlan, 23-27; Wardens v. Pope, 8 Gray, Mass., 140. + + 269 Den. v. Pilling, 24 N. J. L., 653. + + 270 Vestry v. Matthews, 4 Desau, S. C., 578. + + 271 Cooley's Con. Lim., 619; McCrary's Am. L. of Elections, sec. 197; + Rules of Order, Scanlan, 24-27. + + 272 Commonwealth v. Woelper, 3 Ser. & R., Pa., 29. + + 273 In re Peters, 112 N. Y. Sup., 339. + + 274 Gram v. Prussia, 36 N. Y., 161. + + 275 Wall v. Johnson, 140 Ind., 445; 39 N. E., 251; Simmons v. Allison, + 118 N. C., 763. + + 276 People v. St. Anthony, 109 N. Y., 512; 17 N. E., 408. + + 277 Congregation v. Martin, 4 Rob., 62; Wardens v. Blanc, 8 Rob., 51; + St. Andrew's Ch. v. Schaugnessy, 63 Neb., 792; 89 N. W., 261. + + 278 Enos v. Church, 187 Mass., 40; 72 N. E., 253. + + 279 Ross v. Crockett, 14 La. Ann., 811. + + 280 Laight v. Noe, 12 Howard's Pr., 497; Contra: In re Williams, 105 N. + Y. S., 1105; Ante, 116, 134. + + 281 People v. Lacoste, 37 N. Y., 192; Fadness v. Braunberg, 73 Wis., + 257; 41 N. W., 84; McCrary on Am. L. of Elections, secs. 209, 264; + 10 Cyc, 347; People v. Nappa, 89 Mich., 232; 50 N. W., 846. + + 282 Hendrickson v. Shotwell, 1 N. J. Eq., 577. + + 283 Congregation v. Sperry, 10 Conn., 200; 10 Cyc, 319. + + 284 Den. v. Pilling, 24 N. J. L., 653. + + 285 Smith v. Erb, 5 Gill., Md., 437. + + 286 People v. Peck, 11 Wend., N. Y., 604. + + 287 Catron v. First, 46 Ia., 106; People v. St. Anthony's, 109 N. Y., + 512; 17 N. E., 408. + + 288 Columbia v. Gospel, 127 N. Y., 361. + + 289 First v. Caughey, 85 Pa., 271. + + 290 San Antonia v. Adams, 87 Tex., 125; 26 S. W., 1040; Hill v. Rich, + 119 Mo., 9; 24 S. W., 223. + + 291 Hewitt v. Wheeler, 22 Conn., 577; Devos v. Gray, 22 Ohio, 159; Klopp + v. Moore, 6 Kan., 27; Neil v. Spencer, 5 Ill. App., 461; United v. + Vandusen, 37 Wis., 54. + + 292 Miller v. Church, 4 Phil., 48. + + 293 Brunnenmeyer v. Buhre, 32 Ill., 183. + + 294 N. Baptist v. Parker, 36 Barb., N. Y., 171. + + 295 Dennison v. Austin, 15 Wis., 334. + + 296 United v. Vandusen, 37 Wis., 54; MacLaury v. Hart, 121 N. Y., 636; + 24 N. E., 1013. + + 297 Vestry v. Barksdale, 1 Strobb. Eq., S. C., 197. + + 298 New v. Gress, 89 Ga., 125. + + 299 10 Cyc, 776-9; In re Denny, 156 Ind., 104; 59 N. E., 359; 51 L. R. + A., 722. + + 300 Rules of Order, Scanlan, 21; U. S. v. Balm, 144 U. S., 1; 12 Sup. + Ct. R., 507; 36 L. Ed., 321; The Catholic Cyclopedia, vol. i, 289. + + 301 Cicotte v. Anciaux, 53 Mich., 227; 18 N. W., 793. + + 302 Trustees v. Halverson, 42 Minn., 503; 44 N. W., 663. + + 303 Skinner v. Richardson, 76 Wis., 464; 45 N. W., 318; Dennison v. + Auston, 15 Wis., 334. + + 304 Vestry v. Barksdale, 1 Strobb. S. C. Eq., 197. + + 305 State v. Ahnapee, 99 Wis., 322; 74 N. W., 783. + + 306 Bowldin v. Alexander, 82 U. S., 131; 21 L. Ed., 69; The Catholic + Cyclopedia, vol. iii, 755, 756. + + 307 Leahy v. Williams, 141 Mass., 345; 6 N. E., 78. + + 308 People v. Runkel, 8 Johnson, N. Y., 464. + + 309 Leahy v. Williams, 141 Mass., 345. + + 310 Rose v. Vertin, 46 Mich., 457; 9 N. W., 491; Tuigg v. Sheehan, 101 + Pa., 363. + + 311 Freeport v. Egan, 146 Pa., 106; 23 At., 390. + + 312 Scott v. Thompson, 21 Ia., 599. + + 313 Emonds v. Termehr, 60 Ia., 92; 14 N. W., 197. + + 314 Wojcienchowski v. Johnknowski, 16 Pa. Sup. Ct., 444. + + 315 Chiniqui v. Delaire, 37 Ill., 237. + + 316 St. Patrick's v. Abst., 76 Ill., 252. + + 317 First v. Prior, 23 Hun., 271. + + 318 Den. v. Pilling, 24 N. J. L., 653; Rules of Order, Scanlan, 15-18. + + 319 German v. Pressler, 17 La. Ann., 127. + + 320 Appeal of McAuley, 77 Pa., 397. + + 321 Bethany v. Sperry, 10 Conn., 200. + + 322 Weber v. Zimmermann, 22 Md., 156. + + 323 Downs v. Bowdoin, 149 Mass., 135; 21 N. E., 294. + + 324 Smith v. Erb., 4 Gill., Md., 437. + + 325 Helbig v. Rosenberg, 86 Ia., 159; 53 N. W., 111. + + 326 Dahl v. Palache, 68 Cal., 248. + + 327 People v. Runkel, 9 Johnson, 147. + + 328 First v. Hillary, 51 Cal., 155. + + 329 Tuttle v. Cary, 7 Me., 426. + + 330 State v. Steward, 6 Houst., Del., 9. + + 331 Jones v. Cary, 6 Me., 448; Rules of Order, Scanlan, 29-30. + + 332 State v. Steward, 6 Houst., Del., 359. + + 333 Juker v. Commonwealth, 20 Pa., 484; McIlvain v. Christ's Church, 8 + Phil., 507. + + 334 Livingston v. Trinity Church, 45 N. J. L., 230. + + 335 People v. Tuthill, 31 N. Y., 550. + + 336 Madison v. Baptist, 46 N. Y., 131. + + 337 Moore v. St. Thomas' Church, 4 Abb., N. Y., 51. + + 338 Commonwealth v. Woelper, 3 Ser. & R., 29. + + 339 Wardens v. Pope, 74 Mass., 140. + + 340 Oakes v. Hill, 6 Weekly Notes, Cas., 346. + + 341 Hartt v. Harvey, 32 Barb., 55. + + 342 Weckerly v. Geyer, 11 Ser. & R., 35. + + 343 People v. Church, 48 Barb., 603. + + 344 Allen v. Gray, 11 Conn., 95. + + 345 Arthur v. Norfield, 49 At., 241; 73 Conn., 718. + + 346 Pepin v. Societies, 23 R. I., 81; 60 L. R. A., 626. + + 347 Lahiff v. St. Joseph's T. A. B. S., 76 Conn., 648; 65 L. R. A., 92. + + 348 10 Cyc, 1067. + + 349 17 Cyc, 405; 2 Jones on Ev., secs. 522, 523; Conflict of L., + Wharton, vol. ii, sec. 761, pp. 1496-8; Collins v. German, Am. M. I. + Ass., 112 Mo. App., 209; 86 S. W., 891; Layton v. Kraft, 98 N. Y., + 996. + + 350 Collins v. German, 112 Mo. App., 209; Sandberg v. The State, 113 + Wis., 578; 89 N. W., 504. + + 351 Sawyer v. Baldwin, 11 Pickering, 492. + + 352 Finher v. Hanegen, 59 Ark., 151; 24 L. R. A., 543. + + 353 Mt. Zion v. Whitmore, 83 Ia., 138; 49 N. W., 846; 13 L. R. A., 198. + + 354 Bonacum v. Murphy, 65 Neb., 831; 98 N. W., 1030; 71 Neb., 463; 102 + N. W., 267; 104 ib., 180; Nance v. Busby, 91 Tenn., 303; 18 S. W., + 874; 15 L. R. A., 801. + + 355 Bonacum v. Harrington, 65 Neb., 831; 91 N. W., 886. + + 356 Tubbs v. Lynch, 4 Harr., Del., 521. + + 357 Sterns v. Bedford, 21 Pickering, 114. + + 358 O'Donovan v. Chatard, 97 Ind., 421. + + 359 Baxter v. McDonald, 155 N. Y., 83; 49 N. E., 667. + + 360 Gibbs v. Gilead, 38 Conn., 153. + + 361 Stack v. O'Hara, 98 Pa., 213. + + 362 29 Cyc, 204, and "Religious Societies"; Am. & Eng. Cyc. of L., + "Religious Societies" and "Beneficial Societies"; 2 Benefit + Societies & L. Insurance, Bacon, secs. 400a and 450a. + + 363 Farnsworth v. Storrs, 59 Mass., 412. + + 364 Hatfield v. Delong, 24 Ind. App., 343; 51 L. R. A., 751; Ryan v. + Cudahy, 157 Ill., 108; 41 N. E., 760; 49 L. R. A., 353. + + 365 Sampsell v. Esher, 26 Weekly Law Bulletin, Ohio, 156. + + 366 Day v. Robinson, 12 N. J. L., 206. + + 367 Diffendorf v. Reformed Church, 20 Johnson, N. Y., 12. + + 368 Chase v. Cheney, 58 Ill., 509. + + 369 Catholic Dictionary, Addis & Arnold, "Prescription." + + 370 Legal Formulary, Baart, 462. + + 371 Juker v. Commonwealth, 20 Pa. St., 484. + + 372 Beers v. Arkansas, 20 How., U. S., 527; 15 L. Ed., 991. + + 373 See "Benefit of the Clergy" and "Forum Ecclesiasticum," in The + Catholic Cyclopedia and in the Catholic Dictionary. + + 374 Kuns v. Robinson, 154 Ill., 394; 40 N. E., 343; Brundage v. + Deardorf, 55 Fed., 839; Watson v. Jones, 80 U. S., 679; 20 L. Ed., + 666; Bird v. St. Mark's, 62 Ia., 567; 17 N. W., 747; Perry v. + Wheeler, 75 Ky., 541; Powers v. Bundy, 45 Neb., 208; 63 N. W., 476; + Connit v. Reformed, 54 N. Y., 551; Harrison v. Hoyle, 24 Ohio St., + 254; Krecker v. Shirey, 163 Pa., 534; 30 At., 540. + + 375 Watson v. Jones, 80 U. S., 679; 20 L. Ed., 666. + + 376 Prickett v. Wells, 117 Mo., 502; 24 S. W., 52; Pounder v. Ash, 36 + Neb., 564; 54 N. W., 847. + + 377 Atty-Gen. v. Fed., 69 Mass., 1. + + 378 Mt. Helen v. Jones, 79 Miss., 488; 30 So., 714. + + 379 Prickett v. Wells, 117 Mo., 502; 24 S. W., 52. + + 380 Ferraria v. Vasconcellos, 31 Ill., 25. + + 381 Garten v. Penick, 68 Ky., 110. + + 382 Brunnenmeyer v. Buhre, 31 Ill., 183. + + 383 Lawson v. Kolbenson, 61 Ill., 405. + + 384 Robertson v. Bullions, 11 N. Y., 243. + + 385 Papalion v. Manusos, 113 Ill. App., 316. + + 386 Avery v. Baker, 27 Neb., 388; 43 N. W., 174. + + 387 Trustees v. Trustees, 4 N. J. Eq., 77. + + 388 Nash v. Sutton, 117 N. C., 231; 23 S. E., 178; Wiswell v. First, 14 + Ohio St., 31. + + 389 Mannix v. Purcell, 46 Ohio St., 102. + + 390 Baker v. Ducker, 79 Cal., 365; 21 Pac., 764. + + 391 Morris v. Dart, 67 S. C., 338; 45 S. E., 753; 100 Am. St. Rep., 734. + + 392 Phipps v. Jones, 20 Pa., 260. + + 393 Dolan v. City, 4 Gill., 394. + + 394 Shakers v. Watson, 68 Fed., 730. + + 395 61 Cen. L. J., 49 and 55; 57 C. L. J., 201. + + 396 Owens v. Frank, 7 Wyoming, 457; 53 Pac., 282; 47 Cen. L. J., 221. + + 397 Evidence, Jones, vol. iii, p. 776. + + 398 Gillooley v. State, 58 Ind., 182. + + 399 Knight v. Lee, 80 Ind., 201. + + 400 Colbert v. State, 125 Wis., 423; 104 N. W., 61. + + 401 Hills v. State, 61 Neb., 589; 85 N. W., 836. + + 402 Bevins v. Kline, 21 Ind., 37. + + 403 In re Thomas, 54 Cal., 509. + + 404 Rex. v. Hoy, 2 F. & F., 4. + + 405 Rex. v. Griffen, 6 Cox, C. C., 219. + + 406 Mutual v. Robinson, 19 U. S. App., 266; State v. Morgan, 196 Mo., + 177; 95 S. W., 402. + + 407 Katzer v. City, 104 Wis., 16; 79 N. W., 745; 80 N. W., 41. + + 408 Vasconcellos v. Ferraria, 27 Ill., 237. + + 409 Foley v. Brocksmit, 119 Ia., 457; 93 N. W., 344; 97 Am. St. R., 324; + 60 L. R. A., 571; 18 Cyc, 437-9. + + 410 Harriman v. First, 63 Ga., 186. + + 411 Methodist v. Sherman, 36 Wis., 404. + + 412 St. Patrick's v. Daly, 116 Ill., 76; 4 N. E., 241. + + 413 Eager v. Inhabitants, 10 Mass., 430. + + 414 Barnes v. Perrine, 9 Barb., N. Y., 202; Sheehy v. Blake, 77 Wis., + 394; 46 N. W., 537; 69 L. R. A., 255; Cutler v. Thomas, 25 Vt., 13; + Allen v. M. E. Church, 127 Ia., 96; 102 N. W., 808; 69 L. R. A., 255 + Note. + + 415 9 Cyc, 331. + + 416 45 Cent. Dig., 7. + + 417 45 Cent. Dig., 38. + + 418 45 Cent. Dig., 14. + + 419 45 Cent. Dig., 1-54; Am. & Eng. Ency. of Law, "Subscriptions." + + 420 Legal Maxims, Broom, 745; Hodges v. Nalty, 104 Wis., 464; 80 N. W., + 726. + + 421 Hodges v. Nalty, 113 Wis., 557; 89 N. W., 535; Hodges v. O'Brien, + 113 Wis., 97; 88 N. W., 901. + + 422 Barnes v. Perine, 9 Bar., N. Y., 202. + + 423 Macon v. Shepard, 2 Humphrey, Tenn., 335. + + 424 O'Hear v. De Goesbriand, 33 Vt., 593; 80 Am. Dec., 662. + + 425 Bates v. Sperrell, 10 Mass., 323; Hodges v. Green, 28 Vt., 358; + Pres. v. Andrus, 21 N. J. L., 225. + + 426 Church v. Wells, 24 Pa., 249. + + 427 O'Hear v. De Goesbriand, 33 Vt., 593; 80 Am. Dec., 662. + + 428 Proprietors v. Roswell, 66 Me., 400; Sohier v. Trinity, 109 Mass., + 1; Aylward v. O'Brien, 160 Mass., 118; 35 N. E., 313; 22 L. R. A., + 206. + + 429 Aylward v. O'Brien, 160 Mass., 118; 35 N. E., 313; 22 L. R. A., 206; + O'Hear v. De Goesbriand, 33 Vt., 593; 80 Am. Dec., 662. + + 430 Smith v. Bonhoff, 2 Mich., 115. + + 431 Vorhees v. Presbyterian, 8 Barb., 135. + + 432 Price v. Lyon, 14 Conn., 280. + + 433 Baptist v. Witherell, 3 Paige, N. Y., 296; 24 Am. Dec., 223. + + 434 Perrin v. Granger, 33 Vt., 101. + + 435 French v. Old, 106 Mass., 479. + + 436 Curry v. First, 2 Pittsburg, 105. + + 437 Succession of Gambla, 23 La. Ann., 9. + + 438 First v. Braydon, 91 Mass., 248. + + 439 Downs v. Bowdoin, 149 Mass., 135; 21 N. E., 294. + + 440 Trustees v. Quackenbush, 10 Johnson, 217. + + 441 Kellogg v. Dickenson, 18 Vt., 266. + + 442 Jackson v. Rounsville, 5 Metcalf, Mass., 127. + + 443 Murray v. Cargill, 32 Me., 517; Gay v. Baker, 17 Mass., 435; Shaw v. + Beveridge, 3 Hill, N. Y., 26; Perrin v. Granger, 33 Vt., 101. + + 444 Vanhorn v. Tailmadge, 8 N. J. Eq., 108. + + 445 Fassett v. Boylston, 19 Pickering, Mass., 361. + + 446 Kimball v. Rowley, 24 Pickering, Mass., 347. + + 447 Aylward v. O'Brien, 160 Mass., 118; 35 N. E., 313; 22 L. R. A., 206; + Van Houten v. Trustees, 17 N. J. Eq., 126. + + 448 Howard v. Stevens, 47 Vt., 262. + + 449 Stoddard v. Vestry, 2 Gill. & J., Md., 227. + + 450 City v. McIntyre, 8 Rob., La., 467. + + 451 Sargent v. Pierce, 43 Mass., 80. + + 452 Perrin v. Leverett, 13 Mass., 128. + + 453 Crowley v. Miller, 19 N. Y. Weekly Dig., 262. + + 454 Sheldon v. Vail, 28 Hun., 354. + + 455 Price v. Lyons, 14 Conn., 280. + + 456 Perrin v. Granger, 33 Vt., 101. + + 457 Commonwealth v. Cain, 5 Srg. & R., Pa., 510. + + 458 In re Bullock, 6 Dem. Sur., 335; Heiss v. Murphy, 40 Wis., 276; Ruth + v. Oberbrunner, 40 Wis., 238. + + 459 Ruth v. Oberbrunner, 40 Wis., 238; Goesele v. Bimeler, 55 U. S., + 589; 14 L. Ed., 554; Van Houten v. Trustees, 17 N. J. Eq., 126. + + 460 Winnepesaukee v. Gordon, 63 N. H., 505; 3 At., 426. + + 461 Bethel v. Carmack, 2 Md., Ch., 143; Tartar v. Gibbs, 24 Md., 323. + + 462 Lynch v. Pfeiffer, 110 N. Y., 33; 17 N. E., 402. + + 463 Enos v. Chestnut, 88 Ill., 590. + + 464 Walwrath v. Camel, 28 Mich., 111. + + 465 Harpending v. Reformed, 41 U. S., 455; 10 L. Ed., 1029. + + 466 Inhabitants v. Catholics, 40 Mass., 139; People v. Trinity, 22 N. + Y., 44. + + 467 Lynch v. Pfeiffer, 110 N. Y., 33; 17 N. E., 402; Eggleston v. + Doolittle, 33 Conn., 396. + + 468 Tomlin v. Blunt, 31 Ill. App., 234. + + 469 Centenary v. Parker, 43 N. J. Eq., 307; 12 At., 142. + + 470 Levasseur v. Martin, 11 La. Ann., 684. + + 471 O'Donnell v. Holden, 21 Weekly Law Bulletin, 254. + + 472 Walwrath v. Camel, 28 Mich., 111. + + 473 Fitzpatrick v. Fitzgerald, 79 Mass., 400. + + 474 Hubbard v. German, 34 Ia., 31. + + 475 In re First, 106 N. Y., 251; 12 N. E., 626; Wiswell v. First, 14 + Ohio St., 31. + + 476 Scott v. First, 50 Mich., 528; 15 N. W., 891. + + 477 In re First, 106 N. Y., 251; 12 N. E., 626. + + 478 Katzer v. City of Milwaukee, 104 Wis., 16; 79 N. W., 745; 80 N. W., + 41. + + 479 Beckwith v. St. Phillip's Parish, 69 Ga., 564. + + 480 Miller v. Chittenden, 2 Ia., 315; 4 Ia., 252; Schenectady v. Veeder, + 4 Wendell, N. Y., 494. + + 481 St. Patrick's v. Daly, 116 Ill., 76. + + 482 Nobilli v. Redman, 6 Cal., 325. + + 483 San Antonio v. Odin, 15 Tex., 539. + + 484 Blair v. Odin, 3 Tex., 288. + + 485 Heiss v. Vosburg, 59 Wis., 532; 18 N. W., 463. + + 486 Santillan v. Moses, 1 Cal., 92. + + 487 Heiss v. Murphy, 40 Wis., 276. + + 488 Robertson v. Bullions, 11 N. Y., 243. + + 489 Hennessey v. Walsh, 55 N. H., 515. + + 490 Pawlet v. Clarke, 13 U. S., 292; 3 L. Ed., 735. + + 491 Cheever v. Pierson, 33 Mass., 266. + + 492 Amish v. Gelhaus, 71 Ia., 170; 32 N. W., 318. + + 493 Cushman v. Church, 162 Pa., 280; 29 At., 472. + + 494 Kulinsky v. Dambrowski, 29 Wis., 109. + + 495 Reed v. Church, 6 Pa. Co. Ct., 76. + + 496 Fulbright v. Higgenbotham, 133 Mo., 668; 34 S. W., 875; People v. + Runkel, 9 Johnson, 147; Central v. Patterson, 30 N. Y. Supp., 248; + Unangst v. Shortz, 5 Horton, Pa., 506. + + 497 Bowden v. MacLeod, 1 Edw., N. Y., 588; Gable v. Miller, 10 Paige, N. + Y., 627; Wilson v. Johns, 2 Rich., S. C., Eq., 192; Ferraria v. + Vasconcellos, 31 Ill., 25. + + 498 Antones v. Eslava's heirs, 9 Port., 527. + + 499 Ferraria v. Vasconcellos, 31 Ill., 25; Brunnenmeyer v. Buhre, 32 + Ill., 183. + + 500 Organ v. Seaford, 1 Dev., N. C. Eq., 453; Post 290, 319. + + 501 Gram v. Prussia, 36 N. Y., 161; Reformed v. Draper, 97 Mass., 349. + + 502 Dochkus v. Lithuanian, 206 Pa., 25; 55 At., 779. + + 503 Burke v. Wall, 29 La. Ann., 38. + + 504 Thompson v. West, 59 Neb., 677; 82 N. W., 13; 49 L. R. A., 337. + + 505 Morgan v. Leslie, Wright, O., 144. + + 506 Consistory v. Brandow, 52 Barb., N. Y., 228. + + 507 Grisson v. Hill, 17 Ark., 483. + + 508 Scott v. Stipe, 12 Ind., 74; Mills v. Davison, 54 N. J. Eq., 659; 35 + At., 1072; 35 L. R. A., 113. + + 509 Appeal of Tappen, 52 Conn., 412. + + 510 Neely v. Hoskins, 84 Me., 386; 24 At., 882. + + 511 Second v. Dugan, 65 Md., 460; 5 At., 415. + + 512 Craig v. Inhabitants, 58 Me., 479. + + 513 Beckwith v. St. Phillip's Church, 68 Ga., 564. + + 514 Mannix v. Purcell, 46 Ohio St., 102; 19 N. E., 572; 2 L. R. A., 753. + + 515 Draper v. Minor, 36 Mo., 290. + + 516 Burton's Appeal, 57 Pa. St., 213. + + 517 Smith v. Pedigo, 145 Ind., 361; 33 N. E., 777; 44 N. E., 363; 32 L. + R. A., 838. + + 518 Free Ch. of Scotland v. Overton, Appeal Cases, House of Lords, 1904; + McGinnis v. Watson, 41 Pa. St., 9; Ante, 278. + + 519 First v. Rauss, 21 Conn., 160; Watson v. Jones, 13 Wallace, 679; 20 + L. Ed., 666. + + 520 App. v. Lutheran, 6 Pa. St., 201. + + 521 Keller v. Tracy, 11 Ia., 530; Happy v. Morton, 33 Ill., 398; Leftwig + v. Thornton, 18 Ia., 56. + + 522 Watson v. Jones, 13 Wallace, 679; 20 L. Ed., 666. + + 523 Dolan v. Mayor, 4 Gill., Md., 394. + + 524 Goode v. McPherson, 51 Mo., 126. + + 525 Olcott v. Gabert, 86 Tex., 121; 23 S. W., 985. + + 526 Strong v. Doty, 32 Wis., 381. + + 527 Fadness v. Braunburg, 73 Wis., 257; 41 N. W., 84. + + 528 Weld v. May, 9 Cushing, Mass., 181. + + 529 Field v. Field, 9 Wendell, N. Y., 394; Stokes v. Dale, 14 N. Y., + 901. + + 530 Hendrickson v. Shotwell, 1 N. J. Eq., 577; Calkins v. Cheney, 92 + Ill., 463; Park v. Chaplain, 96 Ia., 55; 64 N. W., 674. + + 531 Beech v. Allen, 7 Hun., 441. + + 532 Catholic v. Gibbons, 3 Weekly Law Bulletin, 581. + + 533 Lyons v. Planters, 86 Ga., 485. + + 534 African v. Duru, 19 La. Ann., 302; Harrisburg v. Washburn, 29 + Oregon, 150; 44 Pac., 390. + + 535 Lynn v. Carson, 32 Grat., Va., 170. + + 536 Proprietor v. Butler, 56 Mass., 597. + + 537 DeRuyter v. St. Peter's, 3 N. Y., 238. + + 538 Perrian v. Methodist, 4 Abbot's Pr., N. Y., 424; Unangst v. Shortz, + 5 Horton, Pa. St., 506; Trustees v. Hoessli, 13 Wis., 348. + + 539 Miller v. Chittenden, 2 Ia., 315; Church v. Grace, 68 N. Y., 570; + Gilmer v. Stone, 120 U. S., 586; 30 L. Ed., 734; Kinney v. Kinney's + Executors, 86 Ky., 610; 6 S. W., 593. + + 540 St. Peter's v. German, 104 Ill., 440. + + 541 Kinney v. Kinney's Executors, 86 Ky., 610; 6 S. W., 593. + + 542 Trustees v. Manning, 72 Md., 116; 19 At., 599. + + 543 Morgan v. Leslie, Wright, 144. + + 544 U. S. v. Church, 5 Utah, 361; 15 Pac., 473. + + 545 In re Ticknor's estate, 13 Mich., 44; Levy v. Levy, 33 N. Y., 97. + + 546 Trustees v. Hilkin, 84 Md., 170; 35 At., 9. + + 547 Hamsher v. Hamsher, 132 Ill., 273; 23 N. E., 1123; 8 L. R. A., 556. + + 548 Hanson v. Little Sisters, 79 Md., 434; 32 At., 1052; Jones v. + Habersham, 107 U. S., 174; 27 L. Ed., 401. + + 549 Church v. Grace, 68 N. Y., 570. + + 550 Tartar v. Gibbs, 24 Md., 323. + + 551 Trinitarian v. Union, 61 N. H., 384. + + 552 Smith v. Pedigo, 145 Ind., 361; 44 N. E., 363; 32 L. R. A., 838. + + 553 Miller v. English, 21 N. J. L., 317. + + 554 Petot v. Tucker, 21 N. Y., 267. + + 555 Ludlam v. Higbee, 11 N. J. Eq., 342. + + 556 Happy v. Morton, 33 Ill., 398. + + 557 Sutor v. Spangler, 4 Phil., 331. + + 558 Scott v. Stipe, 12 Ind., 74. + + 559 Commonwealth v. Dougherty, 107 Mass., 243. + + 560 In re Wright's estate, Myr. Prob., 213 Cal. + + 561 Green v. Dennis, 6 Conn., 293; Ferguson v. Hedges, 1 Harr., 524. + + 562 Murphy v. Dallam, 1 Bland, 529. + + 563 Festorazzi v. St. Joseph's, 104 Ala., 327; 18 So., 394; 25 L. R. A., + 360; Ex parte Schuler, 134 Mass., 436; Seiber's Appeal, 9 At., Pa., + 863; Holland v. Alcock, 108 N. Y., 312; 16 N. E., 305. + + 564 Festorazzi v. St. Joseph's, 104 Ala., 327; 18 So., 394; 25 L. R. A., + 360. + + 565 McHugh v. McCole, 97 Wis., 166; 72 N. W., 352. + + 566 Wilson v. Perry, 29 W. Va., 169; 1 S. E., 302. + + 567 Jones v. Habersham, 107 U. S., 174; 27 L. Ed., 401. + + 568 Good v. Zook, 116 Ia., 582; 88 N. W., 376. + + 569 Trustees v. Sturgeon, 9 Pa. St., 321. + + 570 Scott v. Curle, 9 B. Mon., 17; Ante, 278, 290. + + 571 In re Paulson's will, 127 Wis., 612; 107 N. W., 484. + + 572 Robertson v. Bullions, 11 N. Y., 243. + + 573 62 Cen. L. J., 167. + + 574 Ould v. Washington, 95 U. S., 303; 24 L. Ed., 450. + + 575 Jones v. Habersham, 107 U. S., 174; 27 L. Ed., 401. + + 576 Darcy v. Kelley, 153 Mass., 433; 26 N. E., 1110. + + 577 Bronson v. Strouse, 57 Conn., 147; 17 At., 699. + + 578 Tichenor v. Brewer's, 98 Ky., 349; 33 S. W., 86. + + 579 Banker v. Phelan, 4 Barb., 80. + + 580 Bowers v. Fromm, Add., Pa., 362. + + 581 Germania v. Baltes, 113 Ill., 29. + + 582 McDonald v. Shaw, 98 S. W., 952. + + 583 Beaty v. Kurtz, 27 U. S., 566; 7 L. Ed., 521. + + 584 Heiss v. Murphy, 40 Wis., 276; Fadness v. Braunburg, 73 Wis., 257; + 41 N. W., 84. + + 585 Coe v. Washington, 149 Mass., 543; 21 N. E., 966. + + 586 Clark v. Brown, 108 S. W., 421, Tex. + + 587 Parker v. Quinn, 23 Utah, 332; 64 Pac., 961. + + 588 All Saints v. Brookline, 59 N. E., 1003, Mass. + + 589 Green v. Outagamie, 76 Wis., 587; 45 N. W., 536. + + 590 Katzer v. City, 104 Wis., 16; 80 N. W., 41. + + 591 St. Joseph Hospital v. Ashland, 96 Wis., 636; 72 N. W., 43. + + 592 Ramsey v. Church, 45 Minn., 229; 47 N. W., 783. + + 593 Gray v. Lafayette, 65 Wis., 567; 27 N. W., 311. + + 594 Newport v. Masonic, 108 Ky., 333; 56 S. W., 405; 49 L. R. A., 252. + + 595 Trustees v. City, 122 Wis., 452; 100 N. W., 837. + + 596 Dahl v. Kimball, 6 Me., 171. + + 597 Turner v. Inhabitants, 16 Mass., 208; Goodell Mfg. Co. v. Trask, 28 + Mass., 514. + + 598 Muzzy v. Wilkins, Smith, 1; Ebau v. Hendell, 5 Watts, 43; 30 Am. + Dec., 291. + + 599 Miller v. Board, 19 Ill. App., 48; Municipality of Ponce v. R. C. A. + Ch., 28 Sup. Ct. R., 737; Reuben Quick-Bear v. Leupp, 28 Sup. Ct. + Repr., 690; Dorner v. Dist., 118 N. W., 353. + + 600 53 Cen. L. J., 224. + + 601 Hewitt v. Woman's, 73 N. H., 556; 64 At., 190. + + 602 Collins v. New York, 69 N. Y. Supp., 106. + + 603 Louisville v. Hammock, 106 S. W., Ky., 219; 14 L. R. A., N. S., 784. + + 604 Indianapolis v. Grant, 25 Ind., 518. + + 605 Newport v. Masonic, 108 Ky., 333; 56 S. W., 405; 49 L. R. A., 252. + + 606 McGee v. German, 13 N. J. Eq., 77. + + 607 Miller v. Lerch, Wall. Jr., Pa., 210. + + 608 St. Mary's Industrial School for Boys v. Brown, 45 Md., 310. + + 609 White v. Price, 108 N. Y., 661; 15 N. E., 427. + + 610 Sec. 5, Ky. Constitution; Contra: N. H. Constitution, art. 6. + + 611 Donahue v. Richards, 38 Me., 376; State v. Baily, 157 Ind., 324; 61 + N. E., 730; 54 Cen. L. J., 142. + + 612 St. Patrick's v. Rochester, 34 How. Pr., 227. + + 613 People v. Board, 13 Barb., N. Y., 400. + + 614 Synod v. State, 2 S. Dak., 366; 50 N. W., 632; 14 L. R. A., 418. + + 615 State v. Hallock, 16 Nev., 373; Dorner v. School Dist., 118 N. W., + Wis., 353 (Nov. 27, 1908). + + 616 Jenkins v. Andover, 103 Mass., 94. + + 617 Millard v. Board, 121 Ill., 297; 10 N. E., 669; Dorner v. School + Dist., 118 N. W., Wis., 353. + + 618 Church v. Bullock, 100 S. W., Tex., 1025; Donahue v. Richards, 38 + Me., 379; 56 C. L. J., 81. + + 619 State v. Board, 76 Wis., 177; 44 N. W., 967; 7 L. R. A., 330; 53 Am. + R., 282; 14 L. R. A., 419; Dorner v. School Dist., 118 N. W., Wis., + 353 (Nov. 27, 1908). + + 620 Billard v. Board, 69 Kan., 53; 76 Pac., 422; 66 L. R. A., 166. + + 621 Stevenson v. Hanyon, 7 Pa. Co. Ct., 585; State v. Board, 76 Wis., + 177; 44 N. W., 967; 7 L. R. A., 330; State v. Scheve, 65 Neb., 853; + 91 N. W., 846; 59 L. R. A., 927. + + 622 Dorner v. School District, 118 N. W., Wis., 353 (Nov. 27, 1908); + County v. Industrial School, 125 Ill., 540; 18 N. E., 183; 1 L. R. + A., 437; 8 Am. St. Rep., 386; O'Connor v. Hendrick, 184 N. Y., 421; + 77 N. E., 612. + + 623 Board v. Minor, 23 Ohio, 250; Campanas v. Calderhead, 17 Mont., 548; + 44 Pac., 83; 36 L. R. A., 277. + + 624 Spiller v. Woburn, 12 Allen, Mass., 127. + + 625 School Commissioners v. State Board, 26 Md., 505. + + 626 Donahue v. Richards, 38 Me., 379; 56 Cen. L. J., 81. + + 627 Scofield v. State, 27 Conn., 499. + + 628 School v. Arnold, 21 Wis., 657. + + 629 Sherman v. Charleston, 8 Cushing, Mass., 160; State v. Board, 116 N. + W., 232; 67 Cen. L. J., 241. + + 630 Guernsey v. Pitkin, 32 Vt., 224. + + 631 Wood v. Morrow, 35 Wis., 59. + + 632 Anderson v. State, 3 Head, Tenn., 455. + + 633 Lander v. Seaver, 32 Vt., 114. + + 634 Stevens v. Fassett, 27 Me., 266. + + 635 Draper v. Cambridge, 20 Ind., 268. + + 636 Lane v. Baker, 12 Ohio St., 237; State v. City, 19 Ohio, 178; Van + Camp v. Board, 9 Ohio St., 406. + + 637 Ex parte Plessy, 45 La. Ann., 80; 11 So., 948; 16 Sup. Ct. R., 1138; + 163 U. S., 537; 41 L. Ed., 256; 18 L. R. A., 639. + + 638 State v. School Directors, 10 Ohio St., 448. + + 639 Jackson v. Hampden, 16 Me., 184. + + 640 Markwell v. Pereles, 95 Wis., 406 and 424; 69 N. W., 798 and 984. + + 641 Perry v. State, 113 Ga., 936; 39 S. E., 315. + + 642 Aycock v. Harrington, 84 Miss., 204; 36 So., 245; 65 L. R. A., 689. + + 643 Wright v. Bennett, 7 Ill., 587. + + 644 Graham v. Bennett, 2 Cal., 503. + + 645 State v. Harris, 63 N. C., 1. + + 646 Rex. v. Canon, 7 Car. and P., 438. + + 647 Rex. v. Griffen, 6 Cox. C. C., 402. + + 648 F. v. F., 1 Ch. (1902), 688. + + 649 In re Jacques, 82 N. Y. Sup., 986. + + 650 In re Marshall, 33 N. Y. S., 104. + + 651 Kennedy v. Borah, 226 Ill., 243; 80 N. E., 767. + + 652 Prieto v. Alphonso, 52 La. Ann., 631; 27 So., 153. + + 653 Clarkson v. Hatton, 143 Mo., 47; 44 S. W., 761; 65 Am. St. R., 635; + Matter of Johnson, 98 Cal., 531; 33 Pac., 260; 21 L. R. A., 380; + Schlitz v. Roenitz, 86 Wis., 31; 56 N. W., 194; 39 Am. St. R., 873; + 21 L. R. A., 482; Markwell v. Pereles, 95 Wis., 406; 69 N. W., 798; + 67 Cen. L. J., 197. + + 654 Elliott v. Elliott, 77 Wis., 634; 46 N. W., 806; 57 L. R. A., 155; + 10 L. R. A., 568. + + 655 Cole v. State, 75 S. W., 527; 45 Tex.; Cr. App., 225; 57 Cen. L. J., + 341. + + 656 Mutter v. Senibbs, 79 N. E., 762, Mass. + + 657 Commonwealth v. McAfee, 108 Mass., 458. + + 658 Tuttle v. Sutts, 96 Pac., 260. + + 659 Gleason v. Gleason, 4 Wis., 64; 14 Cyc, 846. + + 660 32 St. At. L., 636 and 645. + + 661 Chap. 1402, U. S. Laws of 1904. + + 662 Quick-Bear v. Leupp, 28 Sup. Ct. Rep., 690 (1908). + + 663 Sec. 2045, U. S. Statutes. + + 664 Secs. 2071 and 2072, U. S. Statutes, and Chap. 188, Laws of 1895. + + 665 26 St. At. L., 1014. + + 666 Quick-Bear v. Leupp, 28 Sup. Ct. Repr., 690; 27 St. L., 628 and 635. + + 667 In re Lehah-puc-ka-chee, 98 Fed., 429. + + 668 Chap. 503, Laws of 1888. + + 669 Chap. 3, Laws of 1897. + + 670 61 Cen. L. J., 101, 289; 62 Cen. L. J., 215, 219. + + 671 McCann v. County, 6 Mont., 297. + + 672 Hubbard v. Railway, 104 Wis., 160; 80 N. W., 454. + + 673 Hochheimer on Custody of Infants, sec. 54; People v. Turner, 55 + Ill., 280; People v. Park, 41 N. Y., 21, 33. + + 674 Kleizer v. Symes, 40 Ind., 562; Etchison v, Pergeson, 88 Ga., 620; + 15 S. E., 680; Lucas v. Case, 72 (9 Bush) Ky., 297; York v. Pease, + 68 Mass., 288; Piper v. Woolman, 43 Neb., 280; 61 N. W., 588; + O'Donahue v. McGovern, 23 Wendell, N. Y., 26; Servatius v. Pichel, + 34 Wis., 292. + + 675 Combes v. Rose, 8 Blackf., 155; Servatius v. Pichel, 34 Wis., 292; + Etchison v. Pergeson, 88 Ga., 620; 15 S. E., 680. + + 676 Gardener v. Anderson, Fed. Case, 5220; Rector v. Smith, 11 Ia., 302. + + 677 See "Excommunication," ante. Servatius v. Pichel, 34 Wis., 292; 11 + L. R. A., 592. + + 678 Shelton v. Nause, 46 Ky., 128. + + 679 Fawcett v. Charles, 13 Wendell, 473. + + 680 54 Cen. L. J., 313. + + 681 Hellstern v. Katzer, 103 Wis., 391; 79 N. W., 429. + + 682 Hills v. State, 61 Neb., 589; 85 N. W., 836. + + 683 Konkle v. Haven, 140 Mich., 472; 103 N. W., 850. + + 684 Klos v. Zahorik, 113 Ia., 161; 84 N. W., 1046. + + 685 Libel and Slander, Townsend, secs. 233, 234; 25 Cyc, 390, 398, 411. + + 686 Grace v. Dempsey, 75 Wis., 313; 43 N. W., 1127; Grace v. McArthur, + 76 Wis., 641; 45 N. W., 518. + + 687 25 Cyc, 390, 398. + + 688 62 Cen. L. J., 180. + + 689 Libel and Slander, Townsend, p. 182 (notes). + + 690 Libel and Slander, Townsend, sec. 177; 25 Cyc, 398; Edwards v. Bell, + 8 Moore, 467. + + 691 Remington v. Congdon, 2 Pickering, 315; Bradley v. Heath, 12 + Pickering, 163. + + 692 McConckle v. Binns, 5 Binns, Pa., 340. + + 693 MacBride v. Allis, 9 Rich., S. C., 313. + + 694 State v. Riggs, 22 Vt., 322. + + 695 Commonwealth v. Batchelder, Thach., Mass., Cr. Cas., 191. + + 696 Shoe & L. v. Thompson, 18 Abbot's Pr., N. Y., 413. + + 697 Sans v. Joerris, 14 Wis., 663. + + 698 5 Cyc, 715; "Disorderly Conduct," 14 Cyc, 467. + + 699 14 Cyc, 540. + + 700 Williams v. State, 83 Ala., 78; 3 So., 616. + + 701 Hull v. State, 120 Ind., 153; 22 N. E., 117. + + 702 Hunt v. State, 3 Tex., 116. + + 703 State v. Kirby, 108 N. C., 772; 12 S. E., 1045. + + 704 Commonwealth v. Sigman, 2 Clark, Pa., 36. + + 705 State v. Wright, 41 Ark., 410; Tanner v. State, 126 Ga., 77; 54 S. + E., 914. + + 706 State v. Shepherd, 54 S. C., 178; 32 S. E., 146; 14 Cyc, 467, 540. + + 707 Martin v. State, 65 Tenn., 234. + + 708 State v. Leighton, 35 Me., 195. + + 709 Marvin v. State, 19 Ind., 181. + + 710 Brown v. State, 46 Ala., 175. + + 711 State v. Turkhaw, 69 N. C., 215. + + 712 Richardson v. State, 5 Tex. App., 470. + + 713 U. S. v. Brooks, 4 Cranch, C. C., 427. + + 714 People v. Crowley, 23 Hun., 412; McLane v. Mallock, 7 Ind., 525. + + 715 Kinney v. State, 38 Ala., 224; State v. Lusk, 68 Ind., 264; State v. + Edwards, 32 Mo., 548; Tanner v. State, 126 Ga., 77; 54 S. E., 914. + + 716 MacLean v. Mallock, 7 Ind., 525. + + 717 Wall v. Lee, 34 N. Y., 141. + + 718 Meyer v. Baker, 120 Ill., 567; 12 N. E., 79; Commonwealth v. Bearse, + 132 Mass., 542; 42 Am. R., 450; West v. State, 28 Tenn., 66; Cramer + v. Marks, 64 Pa. St., 151. + + 719 5 Cyc, 713; Commonwealth v. Linn, 158 Pa., 22; 27 At., 843; 22 L. R. + A., 353. + + 720 Gaines v. State, 75 Tenn., 410; Holcombe v. Cornish, 8 Conn., 375; + Bodenheimer v. State, 60 Ark., 10; 28 S. W., 507. + + 721 State v. Chandler, 2 Har., Del., 553. + + 722 Commonwealth v. Kneeland, 37 Mass. (20 Pick), 206. + + 723 People v. Ruggles, 8 Johnson, 225. + + 724 State v. Chandler, 2 Harr., Del., 553. + + 725 State v. Pepper, 68 N. C., 259. + + 726 Odell v. Garnett, 4 Blackf., Ind., 549. + + 727 People v. Porter, 2 Park, N. Y. Cr., 14. + + 728 State v. Chandler, 2 Harr., Del., 553; Commonwealth v. Kneeland, + Thach., Mass. Cr. Cas., 346. + + 729 Miller v. State, 76 Ind., 310. + + 730 Petty v. State, 58 Ark., 1; 22 S. W., 654. + + 731 Splane v. Commonwealth, 12 At., Pa., 431. + + 732 Commonwealth v. Keiten, 1 Monag., 368. + + 733 Cain v. Daly, 74 S. C, 480; 55 S. E., 110. + + 734 Ex parte Jentisch, 112 Cal., 468; 44 Pac., 803. + + 735 State v. Lorey, 66 Tenn., 95. + + 736 State v. Krech, 10 Wash., 166; 38 Pac., 1001. + + 737 People v. Havenor, 149 N. Y., 195; 43 N. E., 541; 3 L. R. A., 689; + State v. Dolan, 13 Idaho, 693; 92 Pac., 995; 14 L. R. A., N. S., + 1259. + + 738 Flag v. Inhabitants, 58 Mass., 243; Doyle v. Lynn, 118 Mass., 195. + + 739 Hayden v. Mitchell, 103 Ga., 431; 30 S. E., 287. + + 740 Roth v. Hacks, 68 Mo. App., 283. + + 741 Hofer v. Cowan, 55 Cen. L. J., 290. + + 742 Byrant v. Watson, 127 Ind., 42; 26 N. E., 687; Allen v. Duffy, 43 + Mich., 1; 4 N. W., 427; 11 L. R. A., 63; Dale v. Knapp, 98 Pa., 389. + + 743 Society v. Commonwealth, 52 Pa., 125; Parker v. State, 84 Tenn., + 476. + + 744 McCabe v. Father Matthews, 24 Hun., 149; People v. Young, 67 Barb., + 357. + + 745 Philadelphia v. Lehman, 56 Md., 209; Kroer v. People, 78 Ill., 294. + + 746 Fox v. Abel, 2 Conn., 541. + + 747 Bryant v. Inhabitants, 30 Me., 193; Tracy v. Jenks, 32 Mass., 465. + + 748 Carpenter v. Crane, 1 Root, Conn., 98. + + 749 Judefinde v. State, 78 Md., 510; 28 At., 405; 22 L. R. A., 721, + note. + + 750 55 Cen. L. J., 44; 56 Cen. L. J., 261; State v. Cheneworth, 163 + Ind., 94; 71 N. E., 197; 59 Cen. L. J., 202. + + 751 Speed v. Tomlinson, 73 N. H., 46; 59 At., 376; 68 L. R. A., 432. + + 752 State v. Rodgers, 128 N. C., 576; 38 S. E., 34. + + 753 U. S. v. Moore, 104 Fed., 78. + + 754 Constant v. Rector, 4 Daly, 1. + + 755 Frederickson v. W. R. Cem. Ass., 133 Wis., 502; 113 N. W., 1023. + + 756 14 Op. Atty-Gen., 27; secs. 4780-4782, U. S. Statutes; 16 Op. + Atty-Gen., 13. + + 757 20 St. at L., 281. + + 758 Sohier v. Trinity Ch., 109 Mass., 1; City v. Town, 82 Wis., 374; 52 + N. W., 425. + + 759 Trustees v. Manning, 72 Md., 116; 19 At., 599. + + 760 Porch v. St. Bridget's, 81 Wis., 599; 51 N. W., 1007. + + 761 In re Highland, 4 Pa. Dist. Rep., 653. + + 762 Commonwealth v. Fisher, 7 Phil., 264; Bourland v. Springdale, 158 + Ill., 458; 42 N. E., 86. + + 763 City v. Watson, 56 N. J. L., 667; 24 L. R. A., 843; 49 Cen. L. J., + 307. + + 764 Coates v. City, 7 Cowan, N. Y., 585; Humphrey v. Frost, 109 N. C., + 132; 13 S. E., 793; City v. Austin, 87 Tex., 330; 28 S. W., 528; 47 + Am. St. R., 114. + + 765 Stockton v. City, 42 N. J. Eq., 531; 9 At., 203; First v. Meyers, 5 + Okla., 819; 50 Pac., 70; 38 L. R. A., 329. + + 766 Steams v. Manchester, 63 N. H., 390; Henry v. Trustees, 48 Ohio, + 671; 30 N. E., 1122. + + 767 Upjohn v. Board, 46 Mich., 542; 9 N. W., 845. + + 768 Edwards v. Stonington, 20 Conn., 466. + + 769 Oakland v. People, 93 Tex., 569; 57 S. W., 27; 55 L. R. A., 503. + + 770 Louisville v. Nevin, 73 Ky., 549; First v. Hazel, 63 Neb., 844; 89 + N. W., 378. + + 771 Page v. Simons, 63 N. H., 17. + + 772 Wygant v. McLaughlin, 39 Or., 429; 64 Pac., 867; 54 L. R. A., 636; + 53 Cen. L. J., 48. + + 773 Trustees v. Manning, 72 Md., 116; 19 At., 599; Close v. Glenwood, + 107 U. S., 466; 2 Sup. Ct. R., 267; 27 L. Ed., 408; Matter of Bd. of + Street Opening, 133 N. Y., 329; 31 N. E., 102; 28 Am. St. R., 640; + 16 L. R. A., 180. + + 774 In re Waldron, 26 R. I., 84; 58 At., 453; 67 L. R. A., 118; Wright + v. Hollywood, 112 Ga., 884; 38 S. E., 94; 52 L. R. A., 621. + + 775 Perkins v. Mass., 138 Mass., 361. + + 776 Wright v. Hollywood, 112 Ga., 884; 38 S. E., 94. + + 777 People v. Trustees, 21 Hun., 184; McGuire v. St. Pat. C. C., 3 N. Y. + Sup., 781; Baltimore v. Manning, 72 Md., 116; 19 At., 599. + + 778 Palmer v. Cypress, 122 N. Y., 429; 25 N. E., 983. + + 779 Conger v. Weyant, 55 Hun., 605. + + 780 Baltimore v. Manning, 72 Md., 116; 19 At., 599. + + 781 Went v. Methodist, 80 Hun., 266; Adams v. First, 148 Mich., 140; 111 + N. W., 757; 11 L. R. A., N. S., 509. + + 782 Lakin v. Ames, 64 Mass., 198. + + 783 Donnelly v. Boston, 146 Mass., 163; 15 N. E., 505. + + 784 Rawson v. School, 89 Mass., 299. + + 785 St. Johns v. Haans, 31 Pa. St., 9. + + 786 Dangerfield v. Williams, 26 App., S. C., 508. + + 787 Silverwood v. Latrobe, 68 Md., 620; 13 At., 161. + + 788 Bessimer v. Jenkins, 111 Ala., 135; 18 So., 565; 66 Am. St. R., 26. + + 789 Davidson v. Reed, 111 Ill., 167; 53 Am. R., 613; Boyce v. Kalbough, + 47 Md., 334. + + 790 Burke v. Wall, 29 La. Ann., 38; Seymour v. Page, 33 Conn., 61; + Perkins v. Mass., 138 Mass., 361. + + 791 Hyde Park v. Oakwoods, 119 Ill., 141; 7 N. E., 627; Matter of Bd. of + Street Opening, 133 N.Y., 329; 31 N. E., 102; 28 Am. St. E., 640 L. + R. A., 180. + + 792 Eastern v. City of Louisville, 13 Ky. L. Rep., 279; 15 S. W., 1117. + + 793 Burke v. Wall, 29 La. Ann., 38; Appeal of Gumbert, 110 Pa. St., 496; + 1 At, 437. + + 794 In re Reformed, 7 Howard's Pr., 476; Scoville v. MacMahon, 62 Conn., + 378; 26 At., 479. + + 795 Antrim v. Malsbury, 43 N.J. Eq., 288; 13 At., 180. + + 796 Hertle v. Riddell, Ky., 106 S. W., 282; 15 L. R. A., N. S., 796. + + 797 Lewis v. Walker, 165 Pa. St., 30; 30 At., 500. + + 798 State v. Wilson, 94 N. C., 1015. + + 799 Farelly v. Metairie, 42 La. Ann., 28; 10 So., 386; Commonwealth v. + Maria, 2 Weekly Notes Cases, 244. + + 800 Hullman v. Honcomp, 5 Ohio St., 237. + + 801 MacGuire v. St. Patrick's, 54 Hun., 207. + + 802 Dwenger v. Geary, 113 Ind., 106; 14 N. E., 903; Nance v. Busby, 91 + Tenn., 303; 15 L. R. A., 801. + + 803 Mt. Maria v. Commonwealth, 81 Pa. St., 235; 22 Am. Rep., 743; + Cemetery Co. v. Walker, 29 Ky. L. R., 1252; 97 S. W., 34; 7 L. R. + A., N. S., 155. + + 804 Larson v. Chase, 47 Minn., 307; 50 N. W., 238; 14 L. R. A., 85; 28 + Am. St. R., 370; Pettigrew v. P., 207 Pa., 313; 56 At., 878; 64 L. + R. A., 179. + + 805 McEntee v. Bonacum, 66 Neb., 651; 92 N. W., 633; 66 L. R. A., 440. + + 806 Hook v. Joyce, 94 Ky., 450; 22 S. W., 651; 21 L. R. A., 96. + + 807 Columbus v. C., 82 Wis., 334; 52 N. W., 425; 16 L. R. A., 695; Mt. + Hope v. Boston, 158 Mass., 509; 33 N. E., 695; 35 Am. St. R., 515; + Kincaid's Appeal, 66 Pa. St., 411; 5 Am. R., 377; Bessimer v. + Jenkins, 111 Ala., 135; 56 Am. St. R., 26; 18 So., 565. + + 808 Wilson v. Reed, 68 At., 37, N. H.; Wormley v. Wormley, 207 Ill., + 411; 60 N. E., 865; 3 L. R. A., N. S., 481. + + 809 Thirkfield v. Mountain, 12 Utah, 76; 41 Pac., 564; Wright v. + Hollywood, 112 Ga., 884; 38 S. E., 94; 52 L. R. A., 621. + + 810 Toppin v. Moriarty, 59 N. J. Eq., 115; 44 At., 469; 50 Cen. L. J., + 21. + + 811 Cohen v. Cong., 99 N. Y. S., 732. + + 812 Feeley v. Andrews, 191 Mass., 313; 77 N. E., 766; State v. McLean, + 121 N. C., 589; 28 S. E., 140; 42 L. R. A., 721. + + 813 McEntee v. Bonacum, 66 Neb., 651; 92 N. W., 633; 66 L. R. A., 440. + + 814 Mutual, etc., v. Griesa, 156 F., 398. + + 815 Hayes v. State, 112 Wis., 304; 87 N. W., 1076. + + 816 14 L. R. A., 85; Young v. College of Physicians, 81 Md., 358; 32 + At., 177; 31 L. R. A., 540; Meyers v. Clarke, 28 Ky. L., 1000; 90 S. + W., 1049; 5 L. R. A., N. S., 727. + + 817 Lindh v. Ry., 99 Minn., 408; 109 N. W., 823; 7 L. R. A., N. S., + 1018. + + 818 Long v. Ry., 15 Oklahoma, 512; 86 Pac., 289; 6 L. R. A., N. S., 883; + Griffith v. Charlotte, 23 S. C., 25; 55 Am. Rep., 1. + + 819 Koerber v. Patek, 123 Wis., 453; 102 N. W., 40; Thompson v. State, + 105 Tenn., 177; 58 S. W., 213; 80 Am. St. R., 875; 51 L. R. A., 883. + + 820 Williams v. Williams, 20 Ch. Div., 659. + + 821 Reg. v. Fox, 2 Q. B., 246. + + 822 52 Cen. L. J., 141. + + 823 O'Donnell v. Slack, 123 Cal., 285; 55 Pacific, 906; 43 L. R. A., + 388; Neighbors v. Neighbors, 23 Ky. L., 1433; 65 S. W., 607; Larson + v. Chase, 47 Minn., 307; 50 N. W., 238; 14 L. R. A., 85. + + 824 Enos v. Snyder, 131 Cal., 68; 63 Pac., 170; 82 Am. St. R., 330; 53 + L. R. A., 21. + + 825 Thompson v. Deeds, 93 Ia., 228; 61 N. W., 842. + + 826 Durrell v. Haywood, 75 Mass., 248. + + 827 Boham v. Loeb, 107 Ala., 604; 18 So., 300; Hamilton v. State, 30 + Ind., 482; Partridge v. First, 39 Md., 631; Fletcher v. Evans, 140 + Mass., 24; 2 N. E., 837. + + 828 Commonwealth v. Viall, 84 Mass., 512. + + 829 Donnelly v. Boston, 146 Mass., 163; 15 N. E., 505. + + 830 Houston v. Drew, 13 Tex. Cir. App., 536; 36 S. W., 802. + + 831 Robertson v. Bullions, 11 N. Y., 243. + + 832 Canadian v. Palmenter, 180 Mass., 415; 62 N. E., 740. + + 833 Barabasz v. Kabat, 86 Md., 23; 37 At., 720. + + 834 In re Hawkins, 165 N. Y., 188; 58 N. E., 884. + + 835 Chapin v. Holyoke, 165 Mass., 280; 42 N. E., 1130; Am. & Eng. Cyc. + of L., "Taxation." + + 836 In re Barry, 164 N. Y., 18; 58 N. E., 12. + + 837 American Law of Electors, McCrary, sec. 41. + + 838 Lansing v. Haynes, 95 Mich., 16; 54 N. W., 699; Baacke v. Baacke, 50 + Neb., 18; 69 N., 303; Jones, Jr., estate, 211 Pa., 364; 60 At., 915; + 69 L. R. A., 940; White v. B. of A. Y., 124 Ia., 293; 99 N. W., + 1071; 66 L. R. A., 164. + + 839 Rogers v. Elliott, 146 Mass., 349; 15 N. E., 768; Davis v. Sawyer, + 133 Mass., 289; 43 Am. R., 519; Harrison v. St. Mark's, 12 Phil., + 259; Soltau v. DeHeld, 9 Eng. L. & E., 104; Leete v. Pilgrim Cong. + Ch., 14 Mo. App., 590. + + 840 Osborne v. Osborne, New York, Sept. 12, 1908; Landry v. Bellanger, + 45 So., 956; 15 L. R. A., N. S., 463; Lawson v. Lawson, 30 Tex. Civ. + App., 43; 69 S. W., 246; Schmitt v. Schneider, 109 Ga., 628; 35 S. + E., 145. + + 841 14 Cyc, 466. + + 842 Minagham v. State, 77 Wis., 643; 46 N. W., 894; Gilmore v. Fuller, + 198 Ill., 130; 65 N. E., 84. + + 843 Am. & Eng. Ency. of L., "Stara decisis," "Res judicata"; 67 Central + L. Journal, 255; Pautz v. Plankinton, 126 Wis., 37; 105 N. W., 482; + Whittaker v. Mich. M. L. Ins. Co., 83 N. E., 899. + + 844 Bonacum v. Murphy, 71 Neb., 463; 104 N. W., 180. + + 845 U. S. Bankruptcy Act, sec. 1, sub-sec. 25. + + 846 20 Cyc, 457. + + 847 20 Cyc, 1243; Insolvent Corporations, Wait, sec. 637. + + 848 20 Cyc, 469. + + + + + +***END OF THE PROJECT GUTENBERG EBOOK THE CLERGYMAN'S HAND-BOOK OF LAW*** + + + +CREDITS + + +March 12, 2011 + + Project Gutenberg TEI edition 1 + Produced by David King and the Online Distributed Proofreading + Team at <http://www.pgdp.net/>. 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