Public Health

Introduction to Public Health Public Health, protection and improvement of the health of entire populations through community-wide action, primarily by governmental agencies. The goals of public health are to prevent human disease, injury, and disability; protect people from environmental […]

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 […]

Jurisdiction

Criminal Procedure: Jurisdiction Introduction to Jurisdiction For a criminal conviction to be valid, both the sovereign power (the state or federal government) and the specific court that tries the accused must have jurisdiction (authority) over the crime charged. Jurisdiction refers to a […]

Regulation

The Legal History of Regulation This section provides an overview of Regulation Public, Regulation From the book The Clergyman's Hand-book of Law, about Public, Regulation (1): The right to bury in a public cemetery is a privilege or license that is subject to municipal regulation, and […]

Mortgage

Introduction to Mortgage Mortgage, legal instrument that pledges a house or other real estate as security for repayment of a loan. By providing a guarantee that the loan will be paid back, a mortgage enables a person to buy property without having the funds to pay for it outright. If the […]

Pollution

Legislation in the United States In 1969, a major fire erupted (in the United States). This time, with the help of news and magazine coverage, the fire prompted the nation to take immediate action against water pollution. The public response to this event helped create the Federal Water […]

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 […]

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 […]

Protest

Summary of Protest A notice in writing, prepared before a notary public or other official authorized to administer oaths, stipulating that a draft, check, bill of exchange, or other instrument has been dishonored, either by a refusal to accept on the part of the drawee, or by failure to pay […]

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 […]

Rights

The Legal History of Fundamental Rights This section provides an overview of Fundamental Rights Rights, Duties, Body, Will From the book The Clergyman's Hand-book of Law, about Rights, Duties, Body, Will (1): While there is no property in a dead body so that it may be sold, there are […]

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 […]

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 […]

Soldiers

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

State Authority

From the book The Clergyman's Hand-book of Law, about State Authority (1): 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 Resources Notes and References

    Charles M. Scanlan, […]

Trespass

Kinds of Torts: Intentional Torts Trespass and Conversion Introduction to Trespass The three types of torts against property are trespass to land, trespass to chattels (personal property), and conversion. A trespass is an unlawful interference with another's property. Intent to t…

Vacate

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

Negroes

Negroes, Indians From the book The Clergyman's Hand-book of Law, about Negroes, Indians (1): 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 Resources Notes and References

    Charles M. Scanlan, The […]

Executors

Property in a Corpse, Mummy, Executors From the book The Clergyman's Hand-book of Law, about Property in a Corpse, Mummy, Executors (1): 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 […]

Lots

Subscription, Lots From the book The Clergyman's Hand-book of Law, about Subscription, Lots (1): 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 Resources Notes and References

    Charles […]

Cemeteries

In relation to religious matters, find out about Cemeteries and the following issues in this world legal Encyclopedia: Statutes, Land United States, Jurisdiction Tombstones, Soldiers Indigent Soldiers, Tombstones State Authority Maryland, Two Acres Consent, Application

Bodies

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

Stipulation

The Legal History of StipulationThis section provides an overview of Stipulation ResourcesSee AlsoLegal Biography Legal Traditions Historical Laws History of Law Further Reading Stipulation in the Oxford International Encyclopedia of Legal History (Oxford University Press) The Oxford […]

Indigent

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

Non-Residence

Non-Residence, Burial From the book The Clergyman's Hand-book of Law, about Non-Residence, Burial (1): Non-residence does not divest a person of the right to burial with his relatives.806 Resources Notes and References

    Charles M. Scanlan, The Clergyman's Hand-book of Law. The Law […]

Mutilation

The Legal History of Mutilation in Chinese LawThis section provides an overview of Mutilation in Chinese Law ResourcesSee AlsoLegal Biography Legal Traditions Historical Laws History of Law Further Reading Mutilation in Chinese Law in the Oxford International Encyclopedia of Legal History […]

Mother-in-Law

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

Dwelling

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

Fence

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

Roads

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

Improvements

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

Inherits

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

Injuries

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

Trees

Trees, Authority From the book The Clergyman's Hand-book of Law, about Trees, Authority (1): It is a criminal offense to cut trees in a cemetery without right or authority.828 Resources Notes and References

    Charles M. Scanlan, The Clergyman's Hand-book of Law. The Law of Church […]

Lot

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

Acres

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

Drunkenness

Monuments, Inscriptions, Drunkenness, Non-Baptized, Strangers From the book The Clergyman's Hand-book of Law, about Monuments, Inscriptions, Drunkenness, Non-Baptized, Strangers (1): The plaintiff obtained from the defendant a deed, which, among other things, contained the following […]