Politics

Politics Politics From the book The Clergyman's Hand-book of Law, about Politics (1): 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 […]

Controversy

Controversy, Tribunal, Decision From the book The Clergyman's Hand-book of Law, about Controversy, Tribunal, Decision (1): 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 […]

Ground

Charter, Ground, Members From the book The Clergyman's Hand-book of Law, about Charter, Ground, Members (1): 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, […]

Body

Will, Body, Custody From the book The Clergyman's Hand-book of Law, about Will, Body, Custody (1): 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 […]

Violation

Services, Violation, Time From the book The Clergyman's Hand-book of Law, about Services, Violation, Time (1): 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 […]

School

Sunday-School, Church From the book The Clergyman's Hand-book of Law, about Sunday-School, Church (1): An ordinary Sunday-school where the Bible and religious precepts are taught, is a church within the law.707 Resources See Also Credit Union Cooperative Collective Resources Notes and […]

Charitable Trust

Charitable Trust, Cy-Pres From the book The Clergyman's Hand-book of Law, about Charitable Trust, Cy-Pres (1): 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 […]

Access

Access, Purposes From the book The Clergyman's Hand-book of Law, about Access, Purposes (1): Title to a cemetery lot gives the right of access to it for the usual purposes, including putting up monuments.782 Description of Access In this reference work, access is a sort of the Family law […]

Parties

Suits, Parties From the book The Clergyman's Hand-book of Law, about Suits, Parties (1): 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 […]

Students

Students, Vote, Residence From the book The Clergyman's Hand-book of Law, about Students, Vote, Residence (1): 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 […]

Powers

Money, Powers From the book The Clergyman's Hand-book of Law, about Money, Powers (1): 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.297Officers of a corporation have no powers only those […]

Assign

Deed, Privilege, Heirs and Assigns From the book The Clergyman's Hand-book of Law, about Deed, Privilege, Heirs and Assigns (1): 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 […]

Board

Board, Majority From the book The Clergyman's Hand-book of Law, about Board, Majority (1): 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 […]

Autopsy

Crime, Fraud, Exhume, Autopsy From the book The Clergyman's Hand-book of Law, about Crime, Fraud, Exhume, Autopsy (1): 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 […]

Religious Service

Business, Religious Service From the book The Clergyman's Hand-book of Law, about Business, Religious Service (1): 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 […]

Swearer

Newspaper, Profane Swearer From the book The Clergyman's Hand-book of Law, about Newspaper, Profane Swearer (1): 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 Resources Notes and References […]

Freemason

Freemason, Title, Right From the book The Clergyman's Hand-book of Law, about Freemason, Title, Right (1): 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 […]

Orphan Asylums

Orphan Asylums, School Moneys From the book The Clergyman's Hand-book of Law, about Orphan Asylums, School Moneys (1): 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 […]

Free Church

Free Church, Seats, Lease From the book The Clergyman's Hand-book of Law, about Free Church, Seats, Lease (1): 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 […]

Undertaker

Sexton, Undertaker, Authorities From the book The Clergyman's Hand-book of Law, about Sexton, Undertaker, Authorities (1): 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 […]

Canons of the Church

Leave to Purchase, Title, Canons of the Church From the book The Clergyman's Hand-book of Law, about Leave to Purchase, Title, Canons of the Church (1): A congregation wanted to buy a church and priest's house, but the archbishop refused leave to purchase, but granted permission to […]

Fraternity

Fraternity, Excommunicated, Bequest From the book The Clergyman's Hand-book of Law, about Fraternity, Excommunicated, Bequest (1): 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 […]

Convent

Convent, Consent From the book The Clergyman's Hand-book of Law, about Convent, Consent (1): 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 […]

Christian Scientist

From the book The Clergyman's Hand-book of Law, about Christian Scientist (1): 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 […]

Harmony

Title, Harmony, Division From the book The Clergyman's Hand-book of Law, about Title, Harmony, Division (1): 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 […]

Peace Conferences

Legislation of the Peace Conferences and of the Naval Conference of London Lassa Oppenheim, in the book entitled The Future of International Law, about Legislation of the Peace Conferences and of the Naval Conference of London, wrote in 1921: 8. With the end of the nineteenth and the first […]

Parochial Schools

Parent, Education, State, Parochial Schools From the book The Clergyman's Hand-book of Law, about Parent, Education, State, Parochial Schools (1): The right of the parent to use judgment as to the proper necessaries of his child, including board, lodging, and education, is generally […]

Trustees Control

Trustees, Control From the book The Clergyman's Hand-book of Law, about Trustees, Control (1): 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 […]

Deficiency Judgment

Mortgage, Deficiency Judgment From the book The Clergyman's Hand-book of Law, about Mortgage, Deficiency Judgment (1): Where a mortgage had been foreclosed against church property before the congregation was incorporated, a deficiency judgment can not be rendered against such church […]

Ecclesiastical Matter

Decision, Ecclesiastical Matter From the book The Clergyman's Hand-book of Law, about Decision, Ecclesiastical Matter (1): 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 […]

Split

Fund, Diverted, Split From the book The Clergyman's Hand-book of Law, about Fund, Diverted, Split (1): 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 […]

Early Christians

From the book The Clergyman's Hand-book of Law, about Early Christians (1): 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 […]

Building Contracts

From the book The Clergyman's Hand-book of Law, about Building Contracts (1): 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 […]