Contents
Corporators
Corporators, Change
From the book The Clergyman’s Hand-book of Law, about Corporators, Change (1): 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
Resources
Notes and References
- Charles M. Scanlan, The Clergyman’s Hand-book of Law. The Law of Church and Grave (1909), Benziger Brothers, New York, Cincinnati, Chicago
See Also
- Religion
- Church
Related Entries of the International Encyclopedia:
- Suit Sect, Suit, Property From the book The Clergyman's Hand-book of Law, about Sect, Suit, Property (1): 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, [...]...
- Independent Society, Foreign Language, Independent From the book The Clergyman's Hand-book of Law, about Society, Foreign Language, Independent (1): 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 [...]...
- Removing Church, Building, Removing From the book The Clergyman's Hand-book of Law, about Church, Building, Removing (1): 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 [...]...
- Seceder Seceders, Funds From the book The Clergyman's Hand-book of Law, about Seceders, Funds (1): 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 [...]...
- Lands Limitation, Lands From the book The Clergyman's Hand-book of Law, about Limitation, Lands (1): 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 [...]...
- 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 [...]...
- Insubordinate Congregation, Insubordinate, Discipline From the book The Clergyman's Hand-book of Law, about Congregation, Insubordinate, Discipline (1): 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 [...]...
- Lay Lay Members, Appointed From the book The Clergyman's Hand-book of Law, about Lay Members, Appointed (1): 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 [...]...
- 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 [...]...
- Secular Local, Secular Matters From the book The Clergyman's Hand-book of Law, about Local, Secular Matters (1): 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 [...]...
- Pew Members Members, Pew From the book The Clergyman's Hand-book of Law, about Members, Pew (1): 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 [...]...
- Religious Society Church, Religious Society From the book The Clergyman's Hand-book of Law, about Church, Religious Society (1): Bouvier's definition of "Church" is: "A society of persons who profess the Christian religion." Chief Justice Shaw's definition is: "The church [...]...
- Lot Isolated Lot Isolated, Not Exempt From the book The Clergyman's Hand-book of Law, about Lot Isolated, Not Exempt (1): 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 [...]...
- Money Control Money, Control From the book The Clergyman's Hand-book of Law, about Money, Control (1): 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 [...]...
- By-laws By-Laws By-Laws From the book The Clergyman's Hand-book of Law, about By-Laws (1): 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. By-Laws, [...]...
- 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 [...]...
- Unincorporated Congregation Unincorporated Congregation, Actions, Interest From the book The Clergyman's Hand-book of Law, about Unincorporated Congregation, Actions, Interest (1): An unincorporated congregation may be sued on contract in its associate capacity, though no persons are namedas trustees or [...]...
- 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 [...]...
- Religious Membership Business, Religious Membership From the book The Clergyman's Hand-book of Law, about Business, Religious Membership (1): 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 [...]...
- Disturbances Injunction, Closing Church, Paying Money, Disturbances From the book The Clergyman's Hand-book of Law, about Injunction, Closing Church, Paying Money, Disturbances (1): A court of equity will issue an injunction against the trustees of a church from wrongfully closing it or keeping it [...]...
- 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 [...]...
- Charter By-Laws Charter, By-Laws From the book The Clergyman's Hand-book of Law, about Charter, By-Laws (1): 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 Resources [...]...
- Management Management Management, Disability From the book The Clergyman's Hand-book of Law, about Management, Disability (1): 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 [...]...
- Tax Assessment Tax, Assessment From the book The Clergyman's Hand-book of Law, about Tax, Assessment (1): 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 [...]...
- Office Office, God From the book The Clergyman's Hand-book of Law, about Office, God (1): 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, [...]...
- Bequests Corporations, Bequests From the book The Clergyman's Hand-book of Law, about Corporations, Bequests (1): 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 [...]...
- Clergyman From the book The Clergyman's Hand-book of Law, about Clergyman (1): 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 Resources Notes and References Charles M. Scanlan, The Clergyman's Hand-book of Law. [...]...
- Religious Tenets Conditions, Religious Tenets From the book The Clergyman's Hand-book of Law, about Conditions, Religious Tenets (1): 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 Resources Notes and [...]...
- Religious Tests From the book The Clergyman's Hand-book of Law, about Religious Tests (1): 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 Resources Notes and References [...]...
- Servant Priest, Dwelling, Servant From the book The Clergyman's Hand-book of Law, about Priest, Dwelling, Servant (1): 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 [...]...
- Loan The Legal History of LoanThis section provides an overview of Loan ResourcesSee AlsoLegal Biography Legal Traditions Historical Laws History of Law Further Reading Loan in the Oxford International Encyclopedia of Legal History (Oxford University Press) The Oxford Encyclopedia of American [...]...
- Lawful Acts, Void, Lawful, Clerk From the book The Clergyman's Hand-book of Law, about Acts, Void, Lawful, Clerk (1): 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 [...]...
- Lease Lease, Purposes From the book The Clergyman's Hand-book of Law, about Lease, Purposes (1): A religious literary society and scientific corporation has power to lease part of a building owned by it for theatrical and operatic purposes.532 Resources Notes and References Charles M. [...]...
- Misnomer Misnomer, Identity From the book The Clergyman's Hand-book of Law, about Misnomer, Identity (1): The misnomer of a religious society or corporation will not invalidate a mortgage where the identity of the society can be clearly shown.464 Resources Notes and References Charles M. [...]...
- Revenues Control, Revenues From the book The Clergyman's Hand-book of Law, about Control, Revenues (1): The trustees of a corporation of a church or of a religious society have entire control over the revenues of such body.501 Resources Notes and References Charles M. Scanlan, The [...]...
- Usage By-Laws, Usage From the book The Clergyman's Hand-book of Law, about By-Laws, Usage (1): 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 [...]...
- Diocese Real Estate, Parish, Diocese, Taxation From the book The Clergyman's Hand-book of Law, about Real Estate, Parish, Diocese, Taxation (1): 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 [...]...
- Discipline Use, Change, Parsonage, Discipline, Doctrine, Curate From the book The Clergyman's Hand-book of Law, about Use, Change, Parsonage, Discipline, Doctrine, Curate (1): When a fee simple is acquired by a religious corporation, without restriction as to quantity, but limiting the purpose of its [...]...
- Disturbance Profane Language, Smoking, Disturbance From the book The Clergyman's Hand-book of Law, about Profane Language, Smoking, Disturbance (1): 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 [...]...
- Excommunication Major Excommunication From the book The Clergyman's Hand-book of Law, about Major Excommunication (1): 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 [...]...
- 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 [...]...
- Factions Factions, Authority From the book The Clergyman's Hand-book of Law, about Factions, Authority (1): 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 [...]...
- Parsonage Parsonage, Rented From the book The Clergyman's Hand-book of Law, about Parsonage, Rented (1): 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 [...]...
- Sale Restrictions Sale, Restrictions From the book The Clergyman's Hand-book of Law, about Sale, Restrictions (1): 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 [...]...
- Overdraft Overdraft in International Trade Meaning of Overdraft, according to the Dictionary of International Trade (Global Negotiator): A deficit in a bank account caused by drawing more money that is credited to it. Note, Overdraft, Interest From the book The Clergyman's Hand-book of Law, about [...]...
- Pastor Pastor, Salary From the book The Clergyman's Hand-book of Law, about Pastor, Salary (1): 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 [...]...
- Religious Tolerance Religious Tolerance, Established Church From the book The Clergyman's Hand-book of Law, about Religious Tolerance, Established Church (1): 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 [...]...
- Misuse Perversion, Misuse, Suit From the book The Clergyman's Hand-book of Law, about Perversion, Misuse, Suit (1): 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 [...]...
- Mortmain The Legal History of MortmainThis section provides an overview of Mortmain ResourcesSee AlsoLegal Biography Legal Traditions Historical Laws History of Law Further Reading Mortmain in the Oxford International Encyclopedia of Legal History (Oxford University Press) The Oxford Encyclopedia of [...]...
- Fair Trial Charges, Fair Trial, Hearsay Evidence From the book The Clergyman's Hand-book of Law, about Charges, Fair Trial, Hearsay Evidence (1): 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 [...]...
- Rent Pews Land, Use, Rent Pews From the book The Clergyman's Hand-book of Law, about Land, Use, Rent Pews (1): 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 [...]...
- Attendance Voting, Communicants, Attendance From the book The Clergyman's Hand-book of Law, about Voting, Communicants, Attendance (1): 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 [...]...
- Presumptions Presumptions, Usage From the book The Clergyman's Hand-book of Law, about Presumptions, Usage (1): 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 [...]...
- Right to Occupy Pew, Right to Occupy, Conditions From the book The Clergyman's Hand-book of Law, about Pew, Right to Occupy, Conditions (1): 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, [...]...
- Assessments Cemetery, Assessments From the book The Clergyman's Hand-book of Law, about Cemetery, Assessments (1): 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 [...]...
- Religious Courts True Religion, Courts From the book The Clergyman's Hand-book of Law, about True Religion, Courts (1): 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 [...]...
- Societies Societies, Secular Work From the book The Clergyman's Hand-book of Law, about Societies, Secular Work (1): 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, [...]...
- Subordinate Subordinate, Incorporated From the book The Clergyman's Hand-book of Law, about Subordinate, Incorporated (1): A religious society subordinate to church judicatures, which declares itself independent and becomes incorporated under the general law of the state and subsequently purchases [...]...
- Building Used as a noun, a vessel. The term is used in conjunction with vessels under construction or already afloat; a newly launched vessel is said to be a new building.......
- Doctrines Trust, Purposes, Doctrines From the book The Clergyman's Hand-book of Law, about Trust, Purposes, Doctrines (1): 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 [...]...
- Seceders "Church," Seceders, Debt From the book The Clergyman's Hand-book of Law, about "Church," Seceders, Debt (1): Where a religious society amended its constitution as provided therein, those who adhered to the amended constitution constituted the"church," and [...]...
- Unincorporation Unincorporated, Trustee From the book The Clergyman's Hand-book of Law, about Unincorporated, Trustee (1): 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 [...]...
- Hand Vote Ballot, Hand Vote From the book The Clergyman's Hand-book of Law, about Ballot, Hand Vote (1): 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 [...]...
- Removal Removal, Suspension, Trial From the book The Clergyman's Hand-book of Law, about Removal, Suspension, Trial (1): 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 [...]...
- Sins Sins, Crimes, Discipline From the book The Clergyman's Hand-book of Law, about Sins, Crimes, Discipline (1): 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 [...]...
- Votes Cast Majority, Votes Cast From the book The Clergyman's Hand-book of Law, about Majority, Votes Cast (1): 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 [...]...
- Withdrawal Bible, Constitution, Withdrawal From the book The Clergyman's Hand-book of Law, about Bible, Constitution, Withdrawal (1): 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 [...]...
- Decisions Citation Notes The International Court of Justice publishes its decisions in Reports of Judgments, Advisory Opinions and Orders (abbreviated 'ICJ Rep'). The Permanent Court of International Justice published its decisions in series A, series B and series A/B of Publications of the Pe......
- Presiding Officer From the book The Clergyman's Hand-book of Law, about Presiding Officer (1): 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 [...]...
- Aid Aid, Contracts From the book The Clergyman's Hand-book of Law, about Aid, Contracts (1): 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, [...]...
- Sects Bequest, Sects, Condition From the book The Clergyman's Hand-book of Law, about Bequest, Sects, Condition (1): 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 [...]...
- Subscriptions Incorporated, Subscriptions From the book The Clergyman's Hand-book of Law, about Incorporated, Subscriptions (1): 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 [...]...
- 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 [...]...
- Force Force, Assistance From the book The Clergyman's Hand-book of Law, about Force, Assistance (1): 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 [...]...
- 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, [...]...
- Quarrel Methodist, Slaveholding, Non-Slaveholding, Quarrel, Schism, Secession From the book The Clergyman's Hand-book of Law, about Methodist, Slaveholding, Non-Slaveholding, Quarrel, Schism, Secession (1): The division of the Methodist church into distinct organizations of slaveholding and [...]...
- Special Purpose Special Purpose, Suit From the book The Clergyman's Hand-book of Law, about Special Purpose, Suit (1): 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 [...]...
- Disturbing Disturbing a Religious Meeting From the book The Clergyman's Hand-book of Law, about Disturbing a Religious Meeting (1): Under a statute against disturbing a religious meeting, it has been held that it should define what disturbance is punishable.709Also, mere want of attention or [...]...
- Religious Liberty Religious Liberty, Bible, Religious Garb, Wages From the book The Clergyman's Hand-book of Law, about Religious Liberty, Bible, Religious Garb, Wages (1): The authorities are not uniform as to what constitutes a violation of religious liberty. The question of whether the reading of the [...]...
- Adverse Possession Adverse Possession, Color of Title From the book The Clergyman's Hand-book of Law, about Adverse Possession, Color of Title (1): 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 [...]...
- Ambiguous Provision Donor, Ambiguous Provision From the book The Clergyman's Hand-book of Law, about Donor, Ambiguous Provision (1): The religious convictions of the donor may be shown for the purpose of construing an ambiguous provision of a deed or will.488 Resources Notes and References Charles M. [...]...
- De Facto Officers From the book The Clergyman's Hand-book of Law, about De Facto Officers (1): 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 [...]...
- Standard Doctrine, Standard From the book The Clergyman's Hand-book of Law, about Doctrine, Standard (1): 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 Resources Notes and References [...]...
- Conditions Conditions, Effect From the book The Clergyman's Hand-book of Law, about Conditions, Effect (1): 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 [...]...
- Congregation Congregation, Members From the book The Clergyman's Hand-book of Law, about Congregation, Members (1): 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 [...]...
- Consideration Promise as Consideration Cases where promisee is trying to hold promisor to contract under theory that promisee made promise as well that is consideration. Promisor often responds that promisee's promise is 'illusory' and not sufficient consideration. Why enforce promises as [...]...
- Common Law Introduction to Common Law "Common Law, term used to refer to the main body of English unwritten law that evolved from the 12th century onward. The name comes from the idea that English medieval law, as administered by the courts of the realm, reflected the "common"customs of [...]...
- Quorum A quorum is the minimum number of people o members of a committee, board of directors, society, meeting of shareholders, legislative assembly or other body required to be in attendance in order a vote can be taken or the body to act. Legislative Quorum in Canada As stated by the [...]...
- Complaint Complaint, in law, formal pleading, made under oath, charging a person with a crime. (1) Complaint in Election Law Presentation by a plaintiff before the competent electoral or judicial authority, setting forth the claim for which redress is sought. (See: Claim) A Complaint against the Police: [...]...
- Consent Consent, giving assent or approval. Consent implies a reasoned response to a proposal and is necessary to any type of agreement. Submission to the will of another where further protest or discussion is useless, such as in the case of threats, force, or violence, does not constitute consent. [...]...
- Constitutional Law Introduction to Constitutional Law Constitutional Law, system of fundamental principles on the organization of a country's government and the limitations of its powers. In the United States, constitutional law refers to legal rights that are directly addressed in the Constitution of the [...]...
- Constitutional Rights Introduction to Constitutional Rights Constitutional Rights, those protections and privileges under law which are set out in a constitution or based on constitutional provisions as interpreted by a court." (1) Resources Notes and References Information about &......
- Corpse Introduction to Corpse Corpse, a cadaver. Resources Notes and References Information about Corpse in the Encarta Online Encyclopedia Guide to Corp......
- Debt Introduction to Debt Debt, in law, obligation, enforceable by legal action, to make payment of money. In modern law the term debt has no precisely fixed meaning and may be regarded essentially as that which one person legally owes to another. Under common law, however, an action for debt was a [...]...
- Reorganization Spanish Translation of reorganization of business in cases of insolvency or bankruptcyThis is the legal translation of English to Spanish in relation to reorganization of business in cases of insolvency or bankruptcy and / or a definition of this topic: Concurso de Acreedores (in Spanish, [...]...
- Corporation Sociedad Anónima (s.a.) in International Trade Meaning of Sociedad Anónima (s.a.), according to the Dictionary of International Trade (Global Negotiator): In Spain, México and Latin America designation for a joint stock company with limited personal to shareholders. See [...]...
- Collateral Attack From the book The Clergyman's Hand-book of Law, about Collateral Attack (1): 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 [...]...
- Commissioner Power of a commissioner to take evidence In the Convention on the Taking of Evidence Abroad in Civil or Commercial Matters: Articles 17, 27(b), 28(g), 32, 33(1) Article 17 regulates the power of a commissioner to take evidence. It is based on article 18 of the draft Convention. It follows [...]...
- Confidential Confidential, Tribunal, Malice From the book The Clergyman's Hand-book of Law, about Confidential, Tribunal, Malice (1): 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 [...]...
- Conscience Bible, Conscience, Constitution From the book The Clergyman's Hand-book of Law, about Bible, Conscience, Constitution (1): 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 [...]...
- Contracts Appropriations, Contracts, Rent From the book The Clergyman's Hand-book of Law, about Appropriations, Contracts, Rent (1): 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 [...]...
- Control Mother Church, Control From the book The Clergyman's Hand-book of Law, about Mother Church, Control (1): 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 [...]...
- 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 [...]...
- Court Court, Trust From the book The Clergyman's Hand-book of Law, about Court, Trust (1): 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 Court, Remove, Consent From the book [...]...
- Court of Equity Trust, Court of Equity From the book The Clergyman's Hand-book of Law, about Trust, Court of Equity (1): 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 Resources See Also Court of Chancery Resources Notes and [...]...
- Incorporation Incorporation, Evidence From the book The Clergyman's Hand-book of Law, about Incorporation, Evidence (1): 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 [...]...
- Name Change Name, Change From the book The Clergyman's Hand-book of Law, about Name, Change (1): 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 [...]...
- Officers Officers, Discipline, Property From the book The Clergyman's Hand-book of Law, about Officers, Discipline, Property (1): 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 [...]...
- Subsequent Constitution, Subsequent Laws From the book The Clergyman's Hand-book of Law, about Constitution, Subsequent Laws (1): An ecclesiastical society formed before the adoption of the state constitution is not by that constitution and subsequent laws concerning religious societies divested of [...]...
- Suits Suits, Parties From the book The Clergyman's Hand-book of Law, about Suits, Parties (1): 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 [...]...
- Temporal Affairs Temporal Affairs, Management From the book The Clergyman's Hand-book of Law, about Temporal Affairs, Management (1): 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 [...]...
- Vested Rights Control, Secede, Vested Rights From the book The Clergyman's Hand-book of Law, about Control, Secede, Vested Rights (1): 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, [...]...
- Civil Law Introduction to Civil Law "Civil Law, term applied to a legal tradition originating in ancient Rome and to the contemporary legal systems based on this tradition. Modern civil law systems, which were originally developed in Western European countries, have spread throughout the world. [...]...
- Charter Charter, document conferring rights or privileges on an individual or a group of people. The term originally applied to a written conveyance of land titles, often between private parties. In this sense the word now used is deed. The term charter is used to describe a grant of land or special [...]...
- Confession Confession Confession (theology), in Jewish and Christian theology, acknowledgment of sins to God in order to obtain absolution. The need for confession is mentioned frequently in the Bible, especially in the exhortations of the prophets. In Judaism, Yom Kippur is a day of fasting, confession, [...]...
- Custody Introduction to Custody Custody, the care and control of a person or thing. Powers and duties of a custodian include keeping, guarding, caring for, preserving, and providing security for the person or item in custody." (1) Custody, Maternal Relatives, Father From the book The [...]...
- Canon Law Orthodox ChurchesFor more information about this section, in the context of legal history, see the main entry in this legal encyclopedia. Protestant ChurchesFor more information about this section, in the context of legal history, see the main entry in this legal encyclopedia. The [...]...
- Church The Legal History of Church and State in United States Law This section provides an overview of Church and State in United States Law Church, Religious Society From the book The Clergyman's Hand-book of Law, about Church, Religious Society (1): A church in one sense is more limited than a [...]...
- Confucianism The Legal History of Confucianism This section provides an overview of Confucianism Resources See Also Religion Freedom of Religion Morality Religious Law Resources See Also Legal Biography Legal Traditions Historical Laws History of Law Further Reading Confucianism in the Oxford [...]...
- Certificate Spanish Translation of title and security and certificate This is the legal translation of English to Spanish in relation to title or security or certificate and / or a definition of this topic: Título (in Spanish, without translation of the dictionary entry). Certificate in Canadian [...]...