Limitation

Appeal, Decision, Limitation

From the book The Clergyman’s Hand-book of Law, about Appeal, Decision, Limitation (1): 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.

Land, Limitation

From the book The Clergyman’s Hand-book of Law, about Land, Limitation (1): 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 ,000, a receiver was appointed for the Mormon corporation.544

Resources

Notes and References

1. 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

Resources

Notes and References

1. 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