Cemetery, Authority From the book The Clergyman's Hand-book of Law, about Cemetery, Authority (1): 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 […]
The Legal History of Bankruptcy This section provides an overview of Bankruptcy Bankruptcy-Remote (SPE) in Financial Law Concept of Bankruptcy-Remote (SPE) in this field: An SPE satisfying certain legal criteria, whose assets have been isolated from and are outside of the reach of the […]
Introduction to Evidence Evidence, the means by which disputed facts are proved to be true or untrue in any trial before a court of law or an agency that functions like a court. Because American law is committed to a rational rather than a formalistic system of evidence, no value is assigned […]
Embracing mainstream international law, this section on holy see explores the context, history and effect of the area of the law covered here. Resources Further Reading The entry "holy see" in the Parry and Grant Encyclopaedic Dictionary of International Law (currently, the […]
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 […]
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
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 […]
Introduction to Territory Territory, name given in the United States to a partially self-governing section of the national domain that has not been granted statehood. The major U.S. territories are the District of Columbia on the mainland; American Samoa and Guam in the Pacific; and the Virgin […]
Principal and Agent Introduction to Agent Principal and Agent, in law, voluntary relationship between two parties whereby one, the agent, is authorized by express or implied consent to act on behalf of the other, called the principal. The designated agent can thus affect or conduct the legal […]
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. […]
Introduction to Land Land, in the law of real property, term including the surface of the earth, the land beneath the surface to the center of the earth, and the air above. The term also includes property permanently affixed to the soil, such as water collected in wells, houses, and fences. […]
Devise, Uncertainty From the book The Clergyman's Hand-book of Law, about Devise, Uncertainty (1): 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 […]
Priest, Deed, Funds From the book The Clergyman's Hand-book of Law, about Priest, Deed, Funds (1): 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 […]
Introduction to Error Error, act, assertion, or function that unintentionally deviates from what is correct, right, or true." (1) From the book The Clergyman's Hand-book of Law, about Error (1): A clerical error in the name of the grantee will not make a deed void. However, when such […]
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 […]
Rights, Contracts, Torts, Crimes From the book The Clergyman's Hand-book of Law, about Rights, Contracts, Torts, Crimes (1): 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. […]
International Laws Which Are Limited in Point of Time Lassa Oppenheim, in the book entitled The Future of International Law, about International Laws Which Are Limited in Point of Time, wrote in 1921: 40. So also, the difficulty is not insuperable as regards the other point, namely, that […]
The Legal History of Bishops and ArchbishopsThis section provides an overview of Bishops and Archbishops ResourcesSee AlsoLegal Biography Legal Traditions Historical Laws History of Law Further Reading Bishops and Archbishops in the Oxford International Encyclopedia of Legal History (Oxford […]
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 […]
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 […]
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 […]
Introduction to Process Process, in law, the acts of a court from the beginning to the end of its proceedings. The term also refers to the act of a court in acquiring or excercising jurisdiction over a person or property." (1) Resources Notes and References Informatio…
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 […]
Introduction to Lien Lien, in the law of property, any of various charges on specific property; and, if it is personal property, the right to retain the property as security for the payment for services, material, or money expended on that property. A general lien is a charge against all or …
Church, Personalty From the book The Clergyman's Hand-book of Law, about Church, Personalty (1): A church removed from its foundation and put on rollers was severed from the realty and became personal property.531 Resources Notes and References
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 […]
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
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 […]
Real Estate, Purpose From the book The Clergyman's Hand-book of Law, about Real Estate, Purpose (1): 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 […]
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 […]
Uses and Trusts From the book The Clergyman's Hand-book of Law, about Uses and Trusts (1): 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 […]
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 […]
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 […]
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
Debts, Creditors From the book The Clergyman's Hand-book of Law, about Debts, Creditors (1): 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 […]
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 […]
Church, Majority, Change From the book The Clergyman's Hand-book of Law, about Church, Majority, Change (1): 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 […]
Vacancy in Election Law Situation in which a specific position or office is held by no one due to the previous incumbent's death, incapacitation, resignation or dismissal. When this happens, an early election may be held to fill the post. Resources See Also Election Law Electoral Laws […]
Condition, Quit-Claim From the book The Clergyman's Hand-book of Law, about Condition, Quit-Claim (1): 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 Resources Notes and […]
Deed, Trust, Fee From the book The Clergyman's Hand-book of Law, about Deed, Trust, Fee (1): 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 Resources Notes […]
Introduction to Will Will, in law, disposition by an individual of his or her property, intended to take effect after death. A disposition of real property by will is termed a devise; a disposition of personal property by will is termed a bequest. The person making a will, called the testato…
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 […]
In the United States For information about Restrictions in the context of international trade, click here
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
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 […]
Introduction to TitleTitle, legal right of control and authority over property. Also, the instrument evidencing the legal right to control and authority over property." (1)ResourcesNotes and ReferencesInformation about "https://lawin.org/encarta-encycl…
Burned, Revert, Vested From the book The Clergyman's Hand-book of Law, about Burned, Revert, Vested (1): 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 […]
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
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 […]
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 […]