Chapter XXXIV: Miscellaneous (1)

*472.* _Societies, Law._—Religious societies organized in connection with a church or congregation are in law civil societies and not ecclesiastical corporations, and are governed by the law of the land. Therefore, the law of fraternities fully covers all questions that arise in such societies. The subject is too comprehensive to be treated at any length here.(831)

*473.* _Society, Bishop._—A society may expel a member on due notice and a fair trial. The refusal of the bishop to recognize a fraternity organized as a Roman Catholic society, does not prevent the society and its officers from exercising the powers of a religious corporation conferred by law nor prohibit its members from maintaining their religious worship.(832)

*474.* _Priest, Doorkeeper, Policemen, Arrest._—A priest who was in charge of a parish and had control of the temporalities consisting of pew-rents, Sunday and other collections, graveyard, church, school, fees, and donations, on account of disorderly behavior of members issued tickets to those to be admitted and ordered a doorkeeper to prevent others from entering the church. A woman without a ticket and talking loudly, endeavored to force her way into the church, although there were several policemen on duty who attempted to stop her. She was arrested and her husband brought suit for false imprisonment. The court held that a clergyman has a right to keep disturbers out of the church and that the doorkeepers have a right to use sufficient force to carry out the orders of the priest; but when a doorkeeper went beyond those orders by causing the arrest of the woman, he was not acting within the apparent scope of his employment and the priest was not liable.(833)

*475.* _Saloon, Church, License._—A man owned premises that had been occupied as a saloon from 1894. In 1896 the New York law prohibiting saloons to be licensed within 200 feet of a church, except places where liquor traffic had been carried on prior to that time, was passed. In 1898 a church was built within 200 feet of the saloon in question. After the building of the church, the saloon was vacated for about ten days during a change of saloonkeepers, and an action was brought to revoke the license of the new saloonkeeper. The court held that the incidental interruption of the business did not bring the place within the prohibition of the law, and that the license could not be revoked.(834)

*476.* _Y. M. C. A._—The Y. M. C. A. on account of giving lunches, lectures, and having a gymnasium, for which charges are made, is not a charitable institution so as to be exempt from liability in case of negligence. Property is exempt only when used for exempt purposes exclusively.(835)

*477.* _Students, Vote, Residence._—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 intend to remain for four years, become clergymen, and then go to wherever they may be called, does not give them the right of residence, and there is no distinction between them and any other students away from home at school.(836) However, a student of full age might become a voter in the college precinct if he has no other fixed domicile.(837)

*478.* _“__My Wife, Anna Jones,__”__ Divorce, Insurance._—A bequest or devise to “my wife, Anna Jones,” is not changed by a divorce without some evidence to prove that the testator did not intend his divorced wife to share in his estate, unless the judgment of divorce made a division of the property. The same is true of a policy of insurance or benefit certificate. However, there are exceptions that weaken the rule and make its application in some States uncertain.(838)

*479.* _Bells, Sick, Injunction._—On the complaint of an injured person, a court will issue an injunction restraining the ringing of church, convent, or other bells, at unusual hours or when their noise is injurious to the sick, or when their vibration affects other premises. As the law of nuisances applies in such cases, an exact statement of when the court should issue the injunction or whether the injunction should be temporary or perpetual, can not be given; but when the personal or property rights of others are affected, an injunction may be granted. The fact that the bells are chimes or part of a clock does not change the rule.(839)

*480.* _Marriage, Impediments, Recording._—Legal marriage may be contracted only between unmarried persons not related within the prohibited degrees of consanguinity or affinity, of lawful age and sufficient mental and physical capacity. Statutes vary greatly. In some States affinity is not considered a legal objection and first cousins may marry; in others, both are prohibited and other limitations of relationship, race, and color are fixed, and registration of the clergymen and licenses to wed are required. Also, the clergyman must report the marriage promptly to the proper office. Fines, penalties, and imprisonment are usually provided for violating the law. Informal marriages may or may not be voidable or void.(840)

*481.* _Charivari, Wedding Pranks._—Charivari, assaults, and disorderly conduct are unlawful at all times, and can not be justified by custom.(841) A newly wedded man who was serenaded (charivaried) by his neighbors by firing guns, blowing horns, beating pans, rattling horse-fiddles, etc., after ordering the rioters off fired into the crowd and wounded one of them. On trial for assault with intent to kill, the groom was acquitted. Shooting might not be justifiable in cases where less potent agencies, such as a horsewhip or dogs, are sufficient, or where the immediate protection of person or property does not call for it. The law should be invoked when no exigency for force exists.(842)

*482.* _Infallibility of Courts._—When a question of law at issue in a case is duly presented to a supreme court which is the court of last resort, its decision thereon becomes “the law of the case” and is thereafter binding upon the court itself and all the courts inferior to it; and no matter how often that identical case may come before the court on subsequent appeals, the questions already decided therein will not be reconsidered. It is interesting to compare this principle of our courts with Papal infallibility.(843) Courts do not always adhere to the rule.(844)

*483.* _Money Stolen, Bailed or Loaned, Insolvency, Gifts._—Property stolen by A. or left with him as bailee to be returned in specie, can not be given away by him for charity. Also, when a man is insolvent he has no right to give away any of his property.(845) That has been the rule of law since Coke laid down the maxim: “A man must be just before he is generous.” One is insolvent when his debts exceed the value of his unexempt property.(846) When an insolvent debtor makes a gift, a creditor may sue and recover from the donee; or in a proper case the creditor may force the debtor into bankruptcy to recover the gift.(847) The want of knowledge or good faith of the donee is immaterial and no defense to an action to recover the property.(848)

INDEX

The References Are To The Sections.

A

Abandoned cemetery, 449;
property reverts, 295.

Accepting a draft, officer, 162.

Access to cemetery, right of, 442.

Account, officers must, 297.

Action in church tribunal, 86;
for expulsion, 137;
unincorporated party, 217;
slander by deceased, 382.

Acts of majority, when void, 177.

Adjournment, 181.

Adoption of children, 367.

Adoration, 29.

Adverse possession, cemetery, 446;
church property, 257.

Aid from Government, 46.

Agent, priest of bishop, 270.

Alabama, bequest for Masses, 316.

Ambiguity, proof clearing, 326.

Ambiguous provision, proof, 272.

America, civil and common law, 17.

Anonymous letter not privileged, 224.

Answer of priest as witness, 222.

Appeal, church tribunal, 86;
right of, 206.

Application, for cemetery, 427.

Appointed officers, 121.

Appropriation for hospital, 44;
can not be from taxes, 335;
indirect, 335, 46, 28, 375.

Argument when privileged, 387, 386.

Arrears, pew rent, membership, 250.

Arrest, authority, damages, 474.

Assault and battery, 387.

Assessment, of pews, 243;
of cemetery void, 293.

Assistance to enforce order, 356.

Association, discipline, bishop, 454.

Attainder, not lawful, 36.

Attendance, test of membership, 144.

Authority in ancient nations, 3;
inferior must obey, 85, 93;
use of force by priest, 100;
court may decide contested, 112;
of priest as to cemetery, 281;
of sexton in church, 314;
of teacher outside of school, 355;
to cut trees in cemetery, 469.

Autopsy, authority to make, 462.

B

Bankruptcy, church, 302.

Bailee, gift of, 483;
donor, 483.

Ballot, when required, 149.

Baptism, how to record, 191.

Bells, ringing a nuisance, 479.

Benefit, work for, on Sunday, 409.

“Benefit of the Clergy,” 10.

Bequest, legatees, religion, 136, 320;
purpose of enforceable, 284;
laws of state control, 306;
consent of heirs to change, 313;
mistake may not defeat, 317.

Birth, how record kept, 191.

Bible in schools, 29, 49, 218, 347, 348;
constitution of sect, 127;
constitutional rights, 350;
Indian schools, 375.

Bigamy, unconstitutional, 38;
charge of, slander, 384.

Bishop, superior authority, 81, 83;
subject to Pope, 82;
discipline of priest, 99;
church debts, 169, 261;
removal of priest, 199;
deed of church land, 287;
control over cemetery, 454;
removal of bodies, 460;
societies, control of, 473.

Bishop’s residence, taxes, 331.

Blasphemy, a crime, 405, 218.

Blessed Virgin, 406.

Board acts as body only, 360;
authority outside of school, 355.

Bodies, change of cemeteries, 450;
custody of deed, 457;
disposing by will, 466;
property in, 465.

Bologna, law school of, 14.

Burned church, land title, 294.

Building, liability of members, 56;
subscriptions for, 275;
committee, liability, 170;
contracts, liability, 233.

Burial, right of, 113;
regulations, 429, 445;
non-resident, 458;
right to control, 464.

Burying dogs in cemetery, 452.

Business, religion, 110;
notice of meeting, 176;
law will enforce, 230;
Sunday, 408;
or property, libel of, 394.

By-laws of sects and church, 22;
govern elections, 148, 152;
subject to state law, 153;
control officers, 153, 159;
amending, 252;
of cemetery association, 445.

C

California missions, 268.

Canon Law, analysis, 6.

Canons of the church, title, 280.

Casting vote, chairman, 186.

Catholic Church, corporation, 58;
control of pews in, 239;
free pews, reformation, 237;
discipline, suits, 208.

Cemetery, authority over, 281;
assessment for taxes, 293;
Indian, 372.

Certificate, cemetery lot, 438;
conditions of, 454;
of election, effect of, 157.

Certified copies as evidence, 192.

Challenge of voter, 147;
waiver of, 186.

“Chances,” “fairs,” unlawful, 420.

Change of use of land, 53;
of church government, 67;
name of church, 69;
doctrine, membership, 289;
burial place, 450.

Charge for services, 166.

Charges against member, 202, 389.

Charitable institutions, 333, 338;
liability, 470;
trust, trustee, 325.

Charity, definition of, 328, 409;
Elks, Masons, 333;
of debtor, 483.

Charivari, unlawful, 481.

Charter limits corporation, 153;
by-laws under, 252;
real estate, 339;
of cemetery, 428.

Chastisement, by teacher, 354.

Child, rights, duties, 361, 370;
expelling from school, 352;
religion of, 365;
out of school, 352, 355.

“Christian Healer,” consent to 417.

“Christian Scientist,” manslaughter, 42.

Christians, who, are, 24.

Church, definition, 20, 23, 24, 398;
secession, heresy, 70, 126;
debts of, bishop, 169;
removal of, authority, 275;
buildings, use of, 276;
majority control, 289;
Indian churches, 372;
personal property, when, 299;
and state, 15;
records, evidence, 191;
births, baptisms, 191;
when libelous, 381;
tribunals, authority, 216.

“Church of Latter Day Saints,” 39.

Citizens, clergy as, 92;
Indians, states, 371.

Civil rights, procedure, 207;
state protects, 210;
law, Florida, Louisiana, 17.

Clerk of church board, authority, 177.

Clergy, bishop may change, 83;
exemptions of, 103;
salaries, 106.

Clergyman, definition, 31;
duties and rights, 92;
privileged evidence, 224;
undue influence, 318;
disciplinary rights, 386.

Closing church, 213.

Color of title, possession, 257.

Collateral attack, 307.

Commissioner of Indian schools, 375.

Common law and the church, 12;
crimes under, 401.

Communicants, membership, 144.

Competent witness, 220.

Complaint, allegations, 215.

Conditions, 436.

Confessions, privacy, 100;
not evidence, 221, 226;
non-sacramental, 223, 224, 225;
witness, privilege, 222.

Confidential communications, libel, 377.

Congregation, authority in, 65;
insubordinate, 90.

Conscience, Bible, law, 350.

Consent, to hold meeting, 179;
to sell or mortgage, 264;
daughter becoming nun, 366;
to “Christian Healer,” 417;
to location of cemetery, 427;
bishop’s to remove body, 460;
court may, 461.

Consideration, good, 234, 236.

Constantine, Christians, 9.

Constitution of a church, 21, 81, 88;
of U. S. and Church, 45, 68, 127;
members, Bible, 127, 350, 358.

Consolidation of churches, 73.

Contests, how settled, 158;
suit for bequest, 319;
to hold meeting, 179.

Contracts, with churches, 46, 335, 345;
binding members, 59;
State courts enforce, 292;
Sunday, 410.

Contributions to deposed priest, 104;
right to enjoy, 310.

Control of business of church, 72;
vests in corporation, 73;
doctrine and discipline, 122;
under state law, 155;
board of trustees, 161, 279;
societies’ collections, 274;
cemetery, joint lot, 451.

Controversy, submission of, 97.

Convent, consent of parents, 366.

Conditions, what are binding, 75;
pews, lease, sale, 242;
bequests, deeds, 284, 313, 321;
quit claim of heirs, 286.

Corporation, members, 253;
bequests to religious, 306;
name, error, 317.

Corpse, burial, mutilation, 463, 466.

Corrective authority over wife, 370.

Councils of Church, 378.

Counsel in church tribunal, 200.

Courts, state, 60;
church and state, 216;
do not decide doctrine, 311;
religion of child, 365.

Court of equity, church title, 212.

Creditors, securing, 263;
gifts of debtor, 483;
bankruptcy, 302.

Creed, state courts, 211.

Crime, polygamy, 40;
church tribunal, 292;
charging, slander, 388;
sins distinguished, 396;
blasphemy is a, 405;
autopsy to detect, 462.

Criticisms of clergy, 385.

Cruel chastisement unlawful, 354.

Curate, appointment of, 53, 96;
salary of, 108.

Custody of children, 361;
of wife, 369;
of corpse, 457, 464.

Custom of church, meetings, 180.

Cy-pres doctrine abrogated, 325.

D

Damages, property destroyed in riot, 52;
expulsion from society, 188.

Death, record, proof, 191.

Debts, unincorporated body, 54;
may be limited by law, 74;
permission to incur, 101;
individual liability, 117;
seceders liable for, 126;
bishop’s liability, 169;
mortgage, 261, 263;
power to settle, 263.

Decisions of church court, 88;
in submitted case, 97;
appeal from church, 206;
final in doctrine, 209.

Deed by order of court, 254;
description of grantee, 259;
to bishop, effect, 262;
in priest’s name, 267, 270;
conditions in, 284;
cemetery lot, 41;
form cemetery deed, 438.

_De facto_ officers, acts, 165.

Defenses, law, canon law, 8.

Deficiency judgment, 232.

Definitions, 20, 34;
excommunication, 131.

Delegated authority, 82.

Deposed clergymen, donations to, 104.

Devise on condition of faith, 135;
uncertainty of, 271;
of cemetery lot, 435.

Diocese, state law in, 51;
title of church, 266;
rules for cemeteries, 455.

Directors and Bible, 347.

Direct payment of tax to church, 345.

Disability of members, 57.

Discretion of officers, 167.

Disease from cemetery, 434.

Discipline and officers, 63;
bishop may enforce, 83, 89;
members subject to, 90, 381;
inferior authority, 308, 381;
tribunals of church, 386, 396;
physical, unlawful, 387.

Dismissal of clergyman, 109.

Disqualified to hold office, 134.

Dissolution of congregation, 73;
funds of church, 78;
resulting trust, 327.

Disturbances at church, 213;
crime, punishment, 397.

Disturbing a religious meeting, 400.

Diverted trust fund, 298.

Division of church, 129, 276;
title to property, 290.

Divorce, legacy, insurance, 478.

Doctor, necessary, 416.

Doctrine of church, 21, 25;
change of effect, 53;
condition in deed, 278;
pewholders must not dictate, 309;
discipline, 93.

Dog, burying in cemetery, 452.

Domicile of family, 370.

Donation conditioned, 41.

Donor, religion, proof, 272.

Doorkeeper, exceeding order, 474.

Drunkenness, dying in, 443.

Duties of adopted parents, 367;
Indian inspectors, 373;
to bury dead, 466.

Dwelling, priest as servant, 98;
of family husband’s, 370;
cemetery near, 430.

E

Early Christians, law, 7.

Easement, title, cemetery lot, 435.

Ecclesiastical corporations, 26;
court, 10;
matters, courts, 209.

Education for priesthood, 324;
of children, control, 343.

Elks, 333.

England and Roman law, 16;
confession privileged, 226.

English law, 17.

Entries in church records, 189.

Equity, priest’s salary, 301;
cemetery, corpses, 459;
cemetery repairs, 471.

Error in deed, 260;
latent in devise, 326.

Established church, 18.

Establishment of religion, 37.

Estates, ecclesiastical courts, 11.

Evidence of incorporation, 64;
parish books, 189, 191;
certified copies, 192;
parol evidence, 273;
privileged questions, 221.

Excommunication, authority, 87;
minor is lawful, 87;
_non-tolerati_ is unlawful, 87;
legal effect, 167, 136;
libel and slander, 381.

Excuse, drunkenness, 407.

Executors, pew rent, 249;
custody of corpse, 465.

Exemptions to clergy, attachment, execution, 118, 432.

Exempt church property, 329;
execution, 432.

Exhume, crime, fraud, 462.

Expelled, excommunicated, 87, 120, 167.

Expulsion, right of church, 137, 139;
minority, 141;
from society, 188.

Exercise, religion in school, 29, 346; see “Bible.”

F

Facilities for negro education, 358.

Factions trying each other, 112;
property of, 211.

“Fairs” are unlawful, 420.

Fair trial is natural right, 202.

Faith, dying in, burial, 113;
member must conform, 142.

False statements, slander, 223;
imprisonment, 387;
by clergymen, libel, 388.

Family domicile, 370.

Father, duties and rights, 361;
custody of child, 361, 362;
married child, 369.

Fee, title in, when, 262, 440.

Fees of priest, 105, 106.

Fence in cemetery, 467.

Fishing on Sunday, 408.

Force to subdue pupil, 356;
to expel disturber, 403;
remove trespasser, 248.

Foreign language, 124.

Forfeiture of membership, 61, 138;
provision in will as to, 285;
by use excepted, 444.

Fraternity, members’ faith, 136;
excommunication of member, 136.

Fraud, false “prophet”, 171;
insurance, autopsy, 462.

Free church seats, regulation, 248.

Freedom of worship, 142.

Free exercise of religion, 37.

Freemason, burial of, 439.

Funds, of church, 58;
dissolved church, 78;
division of unlawful, 129;
lien on, for money paid, 267;
diverting from use, 298.

Funeral expenses, 229;
on Sunday, 411.

Future uses, devise, 323.

G

Gambling, 420.

General laws, corporations, 62.

Gifts of a bankrupt, 483.

God, belief, public office, 48;
crimes against, 406.

Good faith, libel, slander, 383.

Gratian, jurist, 13.

Gratuitous services, 337.

Guardianship, ecclesiastical, 11;
religion of ward, 365.

H

Harmony, want of, 290.

Hearing, fair trial, 139;
evidence, 202, 219.

Hearsay evidence, 202, 219.

Heirs and assigns, cemetery, 441.

Heresy, legal status, 312.

Hold over officers, 150.

Hospitals, public money, 44;
not taxable, 331.

Hostile to religion, 41.

Hypocrite, slander, 389.

I

Identity of name or party, 256.

Illegal action, void, 141.

Illegitimate, custody, 362.

Immoral character, child, 352.

Impediments, marriage, 480.

Imprisonment, false, 387.

Improvements, cemetery lot, 447.

Income perquisites, 105.

Incorporated, liability, 119;
powers, purposes, 125;
charter, by-laws, 154.

Incorporation of church, 62, 64;
congregation, 65, 77.

Incorporeal hereditament, pew, 238.

Independent society, status, 124.

Indians, wards, citizens, 371.

Indigent soldiers, tombstones, 424.

Induction, informal, 96.

Infallibility, judges, 482;
comparisons, 482.

Infancy, marriage, convent, 366, 368.

Inherits, right of burial, 437.

Injunction, 479, 448, 312, 213, 140.

Injuries, liability, 471.

Innovations of doctrine, 308.

Insane, libel, slander, 383.

Inscriptions, offensive, 443.

Inspectors of election, 186;
of Indian schools, 373.

Institutions, charitable, 328;
damage suits, 336, 470;
public and private, 341.

Instrument of punishment, 364.

Insubordinate, discipline, 90.

Insubordination, trial, 139.

Insurance, divorce, 478.

Interest, adverse of officer, 160;
must have to sue, 217.

Interrupt religious service, 404.

J

Jews, constitution, 12;
Sunday, Sabbath, 412.

Judge of church court, 207;
may question witness, 222.

Judicial notice, 219;
not of church law, 265.

Jurisdiction, church court, 196;
notice of trial, 303;
U. S. cemeteries, 422.

Juror of church court, 207.

Justification, libel, slander, 395.

K

Key, evidence of possession, 169.

Kin, cemetery rights, 437, 441, 449, 453;
custody of corpse, 457, 463, 464;
damages for mutilation, 463.

L

Land, vested titles, 240;
Texan church, 269;
quantity limitation, 283, 305.

Language, libel, slander, 383.

Law and religion, 1;
religious liberty, 415.

Lay members, officers, 121.

Lease of pews, 248;
exempt property, 300;
with government, 345.

Leave to purchase, 280.

Legal notice, 71;
rights, church courts, 198.

Legatee, uncertain, 271, 322, 323.

Legitimatized child, 363.

Liability of individuals, 54.

Libel and slander, 377, 382;
what may be, 377, 395.

Liberty, juvenile, 376.

License to do an act, 454;
revoking, resisting, 475.

Lien for purchase money, 301.

Limits of cemetery, 430.

Limited debt by by-laws, 74;
authority of inferior, 88.

Limitation, statutes of, 206;
land holding, 283, 305.

Liquor, libel and slander, 384;
near religious meeting, 404.

Loan to priest for church, 173.

Local corporation, power, 84.

Lord’s Prayer, schools, 346, 218.

Lots given as subscription, 255;
cemetery, title, 440.

Lots isolated, taxed, 330.

M

Mail, prohibited, 419.

Major excommunication, 132.

Majority, what is, 80, 146, 151, 185;
unlawful acts, 128, 151, 289;
board, committee, 360.

Malice, libel and slander, 377.

Management, corporation, 57;
temporal affairs, 66;
factions, 211.

Mandamus, when issued, 140.

Manumission of child, 368.

Marriage, record of, 191;
infants, consent, 368;
Sunday promise, 410;
impediments, 480;
public school pupil, 357.

Maryland, cemetery law, 426.

Mass defined, 29.

Masses, bequests for, 316.

Masonic Order, charity, 333.

Materials, liability, 56.

Maternal relatives, child, 361.

Meetings of corporation, 80;
notice, time, place, 176;
consent, 60, 179.

Members, corporation, 65, 253;
slander of, 378;
cemetery owners, 428, 445.

Membership in church, 114;
society members, 61;
officers, 156;
condition, bequest, 320.

Methodist division, 130;
coalition, 310;
Presbyterians, 310.

Middle Ages, growth of law, 12.

Minister, definition, 32;
authority of Protestant, 81;
deposed, 104;
dismissal of, 109.

Minor, not church voter, 115 (see infant);
ex-communication, 87, 131.

Minutes, evidence, how kept, 189.

Misnomer, proof, 256.

Missions, California, 268.

Mississippi, bigotry, 50, 334.

Mistake, in deed or will, 317.

Misuse of property, 291.

Money, officers, 164;
stolen title, gift, 483;
responsibility for, 172;
gift to charity, 483;
sewing circle, 175;
congregation, 274;
advanced by priest, 109.

Monks, land, 268.

Monuments, free, 423, 424;
offensive, 443, 467;
injuring, 421, 423, 429.

Mortgage, foreclosure, 232;
bishop’s authority, 261;
cemetery lot, 432;
church property, 264.

Mortmain, where in force, 340.

Mother, child, 362, 366.

Mother Church, heresy, 122.

Mother-in-law, tombstone, 468.

Mummy, property in, 465.

Murder, correcting child, 364.

Mutilation of corpse, 462, 463, 464.

“My wife, Anna Jones,” will, insurance, 478.

N

Name, change of corporate, 69;
importance, record, 195;
error in bequest or deed, 317.

Natural Justice, influence, 5.

Necessaries, what are, 416.

Necessity, work of, 409.

Negligence, liability, 336, 470.

Negroes, burial of, 456.

Newspaper, criticism of priest, 385;
criticism of dead, 393.

New York church law, 50.

Non-baptized, burial, 443.

Non-members, burial of, 443;
officers, 116.

Non-residence, right of burial, 458.

Non-slave-holding, Methodists, 130.

Note, authority to make, 160;
when church bound, 163;
signers bound, 170.

Notice, legal, 71, 176, 264;
due notice necessary, 146, 176;
special meeting, 178, 264;
service of, 180;
waiver of, 205;
given on Sunday, 410.

Nuns, individual property, 342.

Nuisance, cemetery, 434.

O

Obituary, libel, 392.

Object of juvenile courts, 376.

Obscene language, mail, 419.

Offense at common law, 401;
under statutes, 396.

Office, religious qualifications, 48;
membership qualifications, 156.

Officers, duties, rights, 63;
non-members, 156, 116;
libel, 392.

Official communication, libel, 379.

Ohio, Bible, 347.

Overdraft, authority, 160.

Orphan asylums, public money, 344.

P

Parent and child, duties, rights, 343;
direct studies, 353.

Parish, definition, 30;
incorporating, 51;
pastor’s relation, 91.

Parishioner, definition, 30.

Parsonage, use, 53;
rented, taxes, 332.

Parochial schools, 343.

Partners, unincorporated church, 54.

Parties to suits, 76, 214.

Pastoral duties, slander, 380.

Pastor, liability for salary, 55;
relations terminated, 91.

Paying money to deposed clergy, 213.

Permission from superior, 101.

Personalty, church on rollers, 299.

Perversion of property, 291.

Persecutions, promoted law, 8.

Pew, right to occupy, 242, 244;
removal from, 247.

Pew rent of deceased, 249;
qualification of voter, 250.

Pew rights, 231-250.

Philosophical foundations of law, 4.

Physician, Sunday, 411;
Christian Scientist, 42, 417;
furnishing for family, 416.

Place, notice of meeting, 143.

Police power, cemeteries, 429.

Politics, minister, arrest, 418.

Poll list of church voters, 145.

Policemen, arrest, 474.

Pollution of water, 431.

Pope, superior authority, 82.

Possession, key indicates, 168.

Powers of corporation, 164.

Prayer in school, 348;
meeting, notice, 187.

Presbyterians and Methodists, 310.

Preserve order, priest, 403.

Preside, who may, 159.

President, Indians, trade, 374.

Presumptions, church law, 228.

Presiding officer, 183.

Presumed authority, 101.

Priest, bishop not liable for salary, 98;
fellow-servant of bishop, 95;
semi-servant, 98;
removal, trial, 99, 199;
borrowing money for church, 173;
possession of, 98, 197;
deed in priest’s name, 267;
agent of bishop, 270;
excommunication, slander, 380;
newspaper criticism, 385;
using force, order, 403;
excluding disorderlies, 474;
witness, privilege, 221, 222;
answers, 222;
suits by and against, 208.

Priesthood, discipline, 89;
bequest to educate for, 324.

Principal service, notice, 180.

Private school, disturbing, 399.

Privacy, confessor, 100.

Privileges of church court, 196;
witness, 221, 222;
cemetery, 441.

Privileged, confessions, 221;
official communications, 379.

Probable cause, slander, arrest, 390.

Procedure in church court, 207.

Process to obtain jurisdiction, 303.

Profanity, a crime, 407.

Profane language in church, 397;
swearer, libel, 393.

Promise, consideration, 234, 236.

Proof of the notice, 182;
crime, 407.

Proper record in parish, 194.

Property, title in whom, 63;
confiscation, 94;
execution against, 118;
custody of, 197;
factions, 211;
restrictions on amount, 304;
of nuns, 342;
in a corpse, 465.

Protest against burial, 453.

Protestant, who is a, 43;
New Hampshire, 43;
superior authority, 81;
services in schools, 29;
teacher, taxes for, 47.

Public institutions, support, 341;
cemeteries, 433;
school Bible, 348;
religious services in, 29;
residence of pupils, 359;
health, cemetery, 434.

Punishment in school, 354, 355;
by parent, 364.

Purposes of a gift or bequest, 278;
acquired for church, 282;
leased lands, 300;
exempt from taxes, 329.

Q

Quarrel, secession, 130.

Quasi-public corporations, 26.

Quit-claim, conditions, 286.

Quorum, number necessary, 80;
who counted, 146;
majority, 185, 80, 146.

R

Rations for Indian schools, 375.

Real estate taxes, 51;
purposes, held for, 282;
changing purpose, 339.

Rebuilding, pewholders, 245.

Rector or pastor, 33.

Rector, induction, 96;
charges against, 384.

Record, keeping, 195.

Recording marriage, 480.

Redress of priest, dismissal, 199.

Reformation and law, 13;
pews rented, sold, 237.

Reformatories, juvenile courts, 376.

Regular church organization, 70, 111.

Regulation of cemeteries, 433.

Relation of pastor to parish, 91.

Relatives, abandoned cemetery, 449.

Religion, ancient, 2;
corporations, 26;
definition, 34;
Christian, 24;
influence on law, 1;
crime under, 40;
anti-religion, freedom, 41;
guardian proselyte, 365;
crimes against, 406.

Religious garb, 28, 49;
liberty, 18, 28, 49, 415;
membership, 110, 111;
service, consideration, 230;
tests, 35;
tolerance, 18, 28;
society, 20, 23;
worship, 29.

Remedies in church court, 204.

Remodeling, pewholders, 245.

Removal, of clergy, 201;
of animal carcasses, 452;
of building, 275;
of corpse, 460, 461.

Rented pews, 237;
parsonage, 332;
priest’s rights, 240.

Repair of cemetery, 471.

Repeating slander, 395.

Residence of students, 477.

_Res judicata_, 482.

Restrictions on property, 304;
corporation, 249.

Residents of district, 359.

Resulting trust, 327.

Revenues of parish, 279.

Revert, lands when, 294, 295.

Revocable license, 454.

Reorganization of corporation, 79.

Ridicule of holy beings, 406.

Right, natural, law, 3;
constitutional, 43;
possession, key, 168;
vested property, 292, 210;
adoption, child, 367;
burial, 437, 439;
custody of corpse, 466;
to occupy a pew, 242.

Riot, county liable, 52.

“Robbed,” libel, slander, 389.

Rome, source of law, 5.

Roman Catholic Church, 82.

Roman law in England, 16.

Rules of church, 114;
voters in church, 184;
evidence, 193, 219-229;
title in name of bishop, 266;
diocesan, cemeteries, 455.

S

Sabbath, violation of, 218.

Sacraments, slander, 391.

Salary, priest’s, 55, 95;
lien for, 301.

Sale in perpetuity, of pew, 241;
of church property, 258.

Saloon near church, 475.

Schism, secession, 130.

School, Indian, 372, 375;
public, 343, 344;
parochial, 343;
house, church, 351;
master, authority, 355;
moneys, orphanages, 344.

Seats, free, 248.

Secession, result, 72, 130;
property, funds, 123, 319;
debts of church, 126.

Secret societies, 221.

Sect, definitions, 27, 58, 94, 313.

Sectarianism, 27, 28, 29.

Sectarian, 28;
Bible, 375.

Secular courts and church, 204;
matters, doctrinal, 84;
work, Sunday, 413.

Selling pew on execution, 246.

Sentence, publishing libel, 133.

Sepulture, right of, 140.

Sermon, slander, 388.

Servant, priest of bishop, 98.

Services, pay for, 108;
wife’s in home, 370;
divine, disorder, 402;
religious, 29.

Seventh-Day observers, 412.

Sewing circle, moneys, 175.

Sexton, salary, 174;
authority in church, 314.

Shakers, property of, 58.

Sick, bells disturbing, 479.

Signature, “Nalty Family,” 234.

Sins and crimes, 396.

Sisters, hospital, public money, 44.

Slander at trial, 203.

Slave-holding, Methodists, 130.

Smoking in church, 397.

Societies, members, 61;
distinct from congregation, 124;
Sunday meetings, 413;
governed by laws, 472;
bishop’s control of, 473;
secret, 221.

Sold pews, 237.

Soldiers’ tombstones, 423.

Sovereignty, meaning, 38.

Spanish territory, church, 277.

Special damages, slander, 394.

Special law, incorporation, 62;
meeting, notice, 178;
purpose, money given for, 235.

Spiritual authority, 87.

Standard of doctrine, 25, 29.

_Stara decisis_, 482.

State authority, cemeteries, 425.

States, each sovereign, 38;
restrictions in church lands, 304;
education, books, 343, 349;
cemeteries, 459, 421.

Statutes, wills, bequests, 315;
cemeteries, 421, 426.

Stipulation, cemetery, 454.

Strangers, voting, 146;
burial in cemetery, 443;
stranger in lot, 453.

Students, voters, where, 477.

Studies, control of school, 353.

Subordinate organization, 125.

Subsequent laws to constitution, 68.

Subscriptions, right to solicit, 102;
unpaid, liability, 119, 234;
consideration, 234, 236;
lot given as, 255;
Sunday, 411;
special purpose of, 235.

Successors, officers, 150, 158;
bishop’s, 287.

Suits, parties, 76, 217;
must have right, 76, 94, 235;
in name of one for others, 214;
prevent perverted use, 291;
priest, 208.

Sunday, services in school, 351;
violations of, 408;
when begins and ends, 414.

Sunday school, church, 29, 398.

Superioress, liability, 172.

Supporting church, state, 334.

Support, test of membership, 111.

Suspension by bishop, 201.

Surgeon at hospital, 337.

T

Tax to support Protestantism, 47;
on pews, 243;
incorporation, 51.

Taxes, bishop’s residence, 265, 331.

Teacher, religious exercise, 346;
studies of pupils, 353.

Temporal affairs, corporation, 66, 309.

Term of office, 158.

Testimony, church court, 203;
on trial privileged, 386.

Test oath, unconstitutional, 36.

Texan Revolution, church, 269.

Text-books, board controls, 349.

Thanks as pay, 166.

Theory of church crimes, 405.

Time of meeting, 143;
condition, deed, gift, 284;
disturbance of meeting, 402.

Title, deed, 254;
adverse possession, 257;
proof of, 265, 266, 280;
monks in California, 268;
divided church, 290;
mortmain, 340;
cemetery lot, 439.

Tobacco, use of, slander, 384.

Tolling bell, slander, 392;
when nuisance, 479.

Tombstones, 423, 424;
right to put up, 468.

Torts, church courts, 292;
corpse, mutilating, 463.

Trades taught Indians, 374.

Traffic, disturbing meeting, 404.

Treasurer, authority of, 162.

Trees, cutting in cemetery, 469.

Trespass in cemetery, 429, 448.

Tribunals, church, 19;
decision of, 97;
procedure privileged, 377, 386.

Trial, injunction against, 99;
church, lawful, 197;
counsel for parties, 200;
judgment, 201;
proceedings privileged, 203.

True religion, 2, 311.

Trust, enforcing, 60;
fraud creating, 171;
courts of equity, 212;
sale in perpetuity, 241;
bishop, land, 262, 287;
evidence of, 273;
vests in whom, 278;
distinguished, 296;
holding for others, 340.

Trustees of church, 58;
disqualified, 134;
duties and powers, 58, 155;
note by trustees, 163;
compensation of, 166;
bequests to, 251;
vacancies, how filled, 288.

Trust funds, 297.

Two-family lot in cemetery, 451.

U

Uncertainty, legatees, 271, 322, 323.

Undertaker, duties, rights, 314.

Undue influence of clergy, 318.

Uniformity, 190.

Unincorporated church, 85, 117;
liability of members, 251;
who may manage, 154.

Unincorporated congregation, 217;
parish, 117.

United States, 422, 227.

Usages, pew rent, perquisites, 105;
election, 148;
proof of church, 228.

Use, special by deed or devise, 53;
for church, pews, 240;
of parish buildings, 276;
distinguished, 296;
forfeited, how, 444.

V

Vacancy in office, 288.

Vacate cemetery, 459.

Vested rights, 294;
forfeiture, 72, 294.

Violation of discipline, 402.

Virgin, Blessed, mail, 406.

Void, devise or gift, 135;
elections, 143, 177.

Voire dire examination, 222, 225.

Vote of excommunication, 133;
students at college, 477. (See “Ballot,” “Usage.”)

Voters, qualifications, 144, 184, 250;
poll list of, 145;
challenge of, 186.

Votes, cast, majority, 151;
inspectors, 186;
illegal, effect, 186.

Vows, property rights, 342.

W

Wages of Sisters, 49;
of sexton, 174.

Waiver of notice, 205;
challenge, 186.

Warden, wages, 174;
authority, 174.

Wards, Indians are, 371;
religion of, 365.

Wedding pranks, unlawful, 481.

Well, cemetery polluting, 431.

White children, public schools, 357.

Will, conditions, 285;
under statutes, 315;
slander by will, 382;
disposing of corpse, 457, 466.

Wisconsin’s statutes, 50.

Wisconsin Industrial School for Girls, 28.

Withdrawal from church, 127.

Witness in church trial, 207;
civil courts, 222.

Worship, who determines, 308;
religious, 29.

Written notice required, 187.

Y

Y. M. C. A., taxes, 476.

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NOVELS.

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JUVENILES