The Clergyman’s Hand-book of Law

                       The Law of Church and Grave

                                    By

                        Charles M. Scanlan, LL.B.

   Author of “Scanlan’s Rules of Order,” “Law of Fraternities,” “Law of
                              Hotels,” etc.

                      New York, Cincinnati, Chicago

                            Benziger Brothers

                                   1909





CONTENTS


Imprimatur
Preface
Chapter I. Introduction
Chapter II. What Is A Church?
Chapter III. Constitutional Law
Chapter IV. Statutory Law
Chapter V. Unincorporated Church Societies
Chapter VI. Incorporated Religious Societies
Chapter VII. Superior Authority
Chapter VIII. Inferior Authority
Chapter IX. Membership
Chapter X. Heresy And Secession
Chapter XI. Excommunication
Chapter XII. Elections
Chapter XIII. Officers
Chapter XIV. Meetings
Chapter XV. Church Records
Chapter XVI. Church Tribunals
Chapter XVII. State Courts
Chapter XVIII. Evidence
Chapter XIX. Contracts
Chapter XX. Pews
Chapter XXI. Property
Chapter XXII. Religious Services
Chapter XXIII. Bequests, Devises, And Gifts
Chapter XXIV. Taxation
Chapter XXV. Eleemosynary Institutions
Chapter XXVI. Schools
Chapter XXVII. Parent And Child
Chapter XXVIII. Husband And Wife
Chapter XXIX. Indians
Chapter XXX. Juvenile Courts
Chapter XXXI. Libel And Slander
Chapter XXXII. Crimes
Chapter XXXIII. Cemeteries
Chapter XXXIV. Miscellaneous
Index
Footnotes






IMPRIMATUR


_Nihil Obstat._

REMY LAFORT,

_Censor Librorum_.

_Imprimatur._

John M. Farley,

[cross] _Archbishop of New York_.

NEW YORK, January 15, 1909.

COPYRIGHT, 1909, BY BENZIGER BROTHERS.





PREFACE


The three learned professions, medicine, law, and theology, overlap; and a
man who does not know something of the other two can not be prominent in
his own. Laws relating to Church matters are scattered through such a vast
array of law books that it would be a burden for a clergyman to purchase
them, and without special training he would not know where to look for the
law. Therefore a law compendium covering those subjects relating to Church
matters must be of great value to a clergyman.

There is another view of this subject. When she was mistress of the world
the laws of the Roman Empire were for the Roman citizens, particularly the
patricians; the canon law was the law of the Christian people of conquered
countries and the Christian plebeians of Rome. In the United States we
have the same common law for the President and the hod-carrier, for the
multimillionaire and the penniless orphan, for the clergy and the laity.
Consequently, in this practical age a knowledge of the law of the country
with which the clergy come constantly in contact is expedient, if not
necessary.

The poet says:


    “What constitutes a state?...
            Men, who their duties know,
    But know their rights, and knowing, dare maintain.”


To insure harmony and good order, every Church should obey the laws of the
country; but if any law should impose upon the rights of the Church in any
way, the ruling authorities, the cardinal and bishops, if the wrong is
national, should unite in a petition to the United States Congress,
clearly stating the grievance and asking for its redress.(1) If the
grievance should be within a State, the bishop or bishops of the State
should present the matter to the Legislature of the State. If the
President or the Governor has authority to remedy the matter, go direct to
him. Such was the practice of the wisest of the Popes.(2) The author never
knew of an instance in which a clergyman having a real grievance failed in
obtaining a full and fair hearing from the powers that be, from the
President downward. This method seems to be more in harmony with the
relations of Church and State in a free government, and more intelligent
than to have a convention of working men, who have little time to make a
study of Church matters, pass resolutions, the passing of which generally
ends the action of a convention.

In the chapters that follow, the author has refrained from giving a great
multitude of authorities, but has endeavored to give such as are
sufficient to sustain the text. For example, under the first section, and
many others, a list of citations covering several pages might be given.
That would add to the expense of the volume and would not be within its
compass. The book will better fulfil its purpose by clear, brief
statements of the rules of law, and if a reader desires to investigate
further, the citations given will guide his way.

CHARLES M. SCANLAN.

MILWAUKEE, JANUARY 23, 1909.





CHAPTER I. INTRODUCTION


*1.* _Law, Religion._—From the dawn of the science of law it has been
influenced by religion or antagonism to religion. This is very evident in
the ancient laws of Babylonia, Egypt, Phenicia, Israel, India, and
Ireland. It would be impossible to make a study of the law of any of said
countries without gaining a knowledge of its religious system, whether
pagan or otherwise.(3)

*2.* _Religions._—Ancient nations might be classified into pagan and those
that worshiped the universal God. However, some of the nations at one time
were pagan and at other times had a fair conception of the supernatural.
Also, in Egypt, the class of higher culture and education believed in the
one omnipotent and omniscient Being, but the populace, who could be
controlled more readily by flattering them in their notions and giving
their childish conceptions full sway, worshiped idols.(4)

*3.* _Authority, Right._—In those nations where the ruling authority had
the proper conception of the Almighty, there was a strong, persistent
growth of law upon the basis of natural right; while in the pagan nations
laws were arbitrary and despotic.(5)

*4.* _Philosophical Foundations._—The laws of Greece, down to the time of
Plato, were thoroughly pagan. But, following the philosophical foundations
laid by Plato and Aristotle, unintentionally and unwittingly the laws of
Greece became imbued with the spirit of natural law.(6)

*5.* _Rome, Natural Justice._—Prior to the introduction of Grecian law
into Rome, the laws of that nation were pagan. Grecian law from its
introduction to the time of Octavius was the civilizing element of the
empire. Then it took a turn for the worse, the element of natural justice
being reduced and the element of arbitrary rule becoming dominant.(7)

*6.* _Canon Law._—We will now turn to the first period of canon law, which
covers the early history of the Church up to the reign of Constantine the
Great.(8)

Canon law is composed of the following elements:


    1. Holy Scriptures;
    2. Ecclesiastical tradition;
    3. Decrees of Councils;
    4. Bulls and rescripts of Popes;
    5. The writings of the Fathers;
    6. Civil law.(9)


*7.* _Early Christians._—Owing to the persecutions, the early Christians
were, in a sense, isolated from the State; they held their property in
common, and were governed in matters among themselves by the canon law.
However, for want of freedom of discussion and publication, they were
unable, even within a single nation of the empire, to promulgate a system
of canon law. The foundation of canon law being laid, its development upon
the manumission of the Church was rapid.(10)

*8.* _Persecutions, Defenses._—During the religious persecutions the
Christians almost had law forced into them by surgical operations. The
necessity for their making defenses in the Roman tribunals induced many of
them to give Roman law a careful study. Also, the great number of
Christians held for trial on all sorts of accusations made that branch of
the law of the realm very lucrative for lawyers, and called into the field
many Christians. Incidently, men studying for the priesthood made a study
of Roman law with a view to avoiding its machinations and continuing their
functions as clergymen without being caught in the net of persecution.(11)

*9.* _Constantine, Blending the Law._—When Emperor Constantine became a
Christian (325 A.D.), there was a great change, and the members of the bar
and judges were mostly Christians. It then became necessary for students
of law to study the principles of divine right as taught in the Church,
and while the books of the civil law were read by students for the
priesthood, the Scriptures and the works of the Fathers were read by the
students in law, thus blending the law of the two realms to some
extent.(12)

*10.* _“__Benefit of the Clergy,__”__ Ecclesiastical Court._—As the old
Roman Empire decayed and its power waned, the new one, “The Holy Roman
Empire,” gradually implanted itself in southwestern Europe. The
humiliation that the divine law and the clergy suffered in being brought
into the common courts gave rise to a system of courts within the Church
for the purpose of enforcing her morals, doctrines, and discipline. Those
courts were established in all Christian countries and had jurisdiction of
all felonies excepting arson, treason, and a few other crimes that from
time to time were put under the special jurisdiction of the state courts.
Whenever a clergyman was arrested for a crime, he pleaded the “benefit of
the clergy,” and his case was transferred from the state court to the
ecclesiastical court. Also, when a clergyman was convicted in the state
court of any crime for which the punishment was death, he could plead the
“benefit of the clergy,” which was a protection against his execution.(13)

*11.* _Estates, Guardianship._—Besides the jurisdiction already referred
to, the ecclesiastical court had jurisdiction over the settlement of
estates and the guardianship of children, which varied in different
countries and was very indefinite in some of them.(14)

*12.* _Middle Ages, Common Law._—During the Middle Ages there was a
constant effort on behalf of the ecclesiastical courts to extend their
jurisdiction, and a counter-effort on behalf of the state courts to assume
jurisdiction of cases under the ecclesiastical law. In England, from the
conquest of William the Conqueror to the Reformation, the extension of the
jurisdiction of the ecclesiastical courts brought the new element of
English common law into the canon law; and much of the canon law,
following the jurisdiction assumed by the state courts, became the common
law of the kingdom of England.(15)

*13.* _Gratian, Reformation._—The canon law reached its full development
in the twelfth century, when Gratian, the Blackstone of his age, compiled
the system, but it subsequently lost its influence when the Reformation
prevailed.(16)

*14.* _Bologna._—The great school of jurisprudence, both of canon and
civil law, was located at Bologna, Italy, which reached its zenith in the
thirteenth century. To it students flocked from Western Europe, and from
it were obtained the professors of law in the universities of England and
other countries.(17)

*15.* _Church and State._—In most of the Christian countries, the Church
and State were united, and many of the judges in the civil courts were
clergymen.(18)

*16.* _England, Roman Law._—On account of England’s being subject to Rome
in its earliest age, and afterward because of its being conquered by
France, the Roman law was pretty thoroughly intermixed with the native
English law in the minor matters of the people, and governed in the more
important ones.(19)

*17.* _America, English Law, Civil Law._—The portions of America that were
settled by the English, which included the original thirteen colonies,
were under the English law. In Virginia the Episcopal Church, which was
then the church of England, was made the church of state. Canada and that
portion of the United States formerly known as Louisiana were governed by
the civil law of France. Wherever the French government had no authority
or civil officers, the government was directly under the missionaries of
the Church.(20)

*18.* _Religious Tolerance, Established Church._—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 constitutional
convention to have the Episcopal Church made the established church of the
new republic. Thomas Jefferson and James Madison were probably the
strongest opponents of the scheme, and outside of the great Carroll of
Carrollton, they were the most earnest advocates of religious tolerance.
The necessity for the fathers of this republic to be united, and their
being unable to unite upon any church, caused the idea of an established
church to be eliminated. Thus was established in our republic the freedom
of conscience and the guarantee that no one shall be persecuted on account
of his religious convictions.(22)

*19.* _Tribunals._—The ecclesiastical courts as a part of the state system
and the “benefit of the clergy,” have been abolished in England and
America. However, as we shall see further on, tribunals in the nature of
the ecclesiastical court exist in churches and fraternities of all kinds
in the United States.(23)





CHAPTER II. WHAT IS A CHURCH?


*20.* _Church, Religious Society._—Bouvier’s definition of “Church” is: “A
society of persons who profess the Christian religion.” Chief Justice
Shaw’s definition is: “The church is neither a corporation nor a
quasi-corporation, but a body of persons associated together for certain
objects under the law. An aggregate body of individuals associated
together in connection with a religious society. The term religious
society may with propriety be applied in a certain sense to a church as
that of religious association, religious union, or the like; yet in the
sense church was and is used in our law, it is synonymous with parish or
precinct and designates an incorporated society created and maintained for
the support and maintenance of public worship. In this, its legal sense, a
church is not a religious society. It is a separate body formed within
such parish or religious society whose rights and usages are well known
and to a great extent defined and established by law.”(24)

*21.* _Doctrine, Constitution._—A church in law is a mere fraternal
organization. It may or may not have a written constitution, but it must
have some central doctrine as its foundation or constitution.(25) Many of
the Protestant denominations claim that the entire Bible is their
constitution. The Jews may be said to consider the Old Testament as their
constitution. All revealed truths may be said to be the constitution of
the Catholic Church,(26) and when a doctrine concerning faith or morals is
authoritatively declared by the Church to be a truth, it becomes a
dogma.(27) The Apostles’ Creed is an example of several dogmatic truths.
The code of the Church is the Ten Commandments. A few sects, by a majority
vote, make and change their constitutions at will.

*22.* _By-Laws._—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.

*23.* _Church, Religious Society._—A church in one sense is more limited
than a religious society; the latter comprehending all the members of the
same faith. Even in the Catholic Church we hear of the Church of France,
the Coptic Church, etc., spoken of in this sense. And in a still more
limited sense we use the word as a synonym for parish. However, when the
word “the” is used before church written with a capital letter, Catholics
understand it to apply to the Roman Catholic Church in its entirety, while
some non-Catholics apply it to Christendom.

*24.* _Church, Christians, Religion._—The missions established in
California prior to its admission into the Union were, in law, practically
independent organizations and had no legal connection with the Church.
Every society organized for the purpose of propagating the practice of
religion may be a church in law.(28) The courts have made a distinction
between Unitarians, who are considered Christians, and Deists, Theists,
Free Religionists, and other infidels.(29) A sect or denomination without
a given system of faith is not recognized as a religion in law.(30)

*25.* _Doctrine, Standard._—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)

*26.* _Ecclesiastical Corporations, Religious, Quasi-public
Corporations._—Ecclesiastical corporations, in the sense in which the word
is used in England, Germany, and France, are unknown to the United States,
their places being supplied by religious societies or corporations
considered as private bodies, in contradistinction to public or
quasi-public corporations, such as towns, villages, cities, counties, and
state. Therefore, the law of private corporations applies to religious
societies and churches.

*27.* _Sect, Sectarianism._—The Supreme Court of Nevada defines “sect” as
follows: “A religious sect is a body or number of persons united in
tenets, but constituting a distinct organization or party, by holding
sentiments or doctrines different from those of other sects or people. In
the sense intended in the constitution, every sect of that character is
‘sectarian’ and all members thereof are sectarians.”(32) In Pennsylvania
the court adopted the definitions given in the Standard and in Webster’s
dictionaries.(33) The Supreme Court of Missouri, citing Webster’s and the
Century dictionaries, gave the following additional definition of
sectarianism: “Sectarianism includes adherence to a distinct political
party, as much as to a separate sect.”(34) The Presbyterians(35) and the
“Shakers”(36) have been adjudged sects.

*28.* _Sectarian._—“Sectarian” has received more contradictory
constructions than any other equally simple word in the English language.
In Wisconsin the “King James” Bible was held to be a sectarian book;(37)
but in Kentucky it was held that neither the Douay nor the “King James”
Bible was a sectarian book.(38) The Missouri court extended sectarian so
as to apply to the Republican party.(39) In Illinois an industrial school
for girls in which the Catholic Sisters were employed as teachers, was
held a sectarian institution;(40) while in Wisconsin, the “Wisconsin
Industrial School for Girls,” a private corporation organized and
conducted by Protestant ladies, has received appropriations from the State
and has had its reports published at state’s expense, as a non-sectarian
institution.(41) In New York the religious garb of the Catholic Sisters
was practically decided to be sectarian;(42) but in Pennsylvania and
Wisconsin it was decided that the dress of the Sisters was not
sectarian.(43)

*29.* _Worship, Services, Mass._—Any act of adoration, reverence, praise,
thanks, honor, or veneration given to God, is religious worship.(44) A
Sunday-school where the Bible was read and a hymn sung and a state
temperance camp-meeting where a prayer was said and hymns were sung, were
held to be places of divine worship.(45) But a priest’s house where he had
a room fitted up for a chapel, was held to be not a place of worship.(46)
It is very difficult to draw a line—no matter what curves you may give
it—between the Protestant system of worship, which consists of the reading
of the Bible, the singing of hymns, and the reciting of prayers, and such
services in the public schools. Also, there would seem to be no _legal_
difference between a prayer said or a hymn sung by a Catholic and a
Protestant. As we have no established church in this country, we have no
standard for prayers, hymns, or music.(47)

More solemn and impressive than her prayers adapted for schools is the
Mass of the Catholic Church, defined thus: “The Mass is the unbloody
sacrifice of the body and blood of Christ.”(48) It is defined in 26 Cyc,
940, as follows: “A religious ceremonial or observance of the Catholic
Church;(49) a Catholic ceremonial celebrated by the priest in open church,
where all who choose may be present and participate therein;(50) the
sacrifice in the sacrament of the Eucharist or the consecration and
oblation of the Host.”(51)

*30.* _Parish._—A parish has two meanings. In some States it is a minor
division of public territory; but in States where there is no such
division of territory, the State using instead “county” or “town,” a
parish rather applies to the people belonging to a particular church, who
worship at a particular place. It is in the latter sense in which a parish
should be construed in church law.(52)

_Parishioner._—A parishioner must be defined in harmony with the meaning
of the word “parish.”(53)

*31.* _Clergyman._—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)

*32.* _Minister._—A minister is one who acts as, or performs some of the
functions of, a clergyman.(55)

*33.* _Rector or Pastor._—A rector or pastor is a clergyman who has charge
of a parish.(56)

*34.* _Religion._—Religion is still further distinguished, but not very
satisfactorily defined, for the reason that etymologists have not agreed
upon the derivation of the word. When the matter was brought before our
courts and it became necessary to give a definition, the highest court in
our country gave the following: “The term ‘religion’ has reference to
one’s views of his relations to his Creator, and to the obligations they
impose of reverence for His being and character, and of obedience to His
will. It is often confounded with _cultus_ or form of worship of a
particular sect, but it is distinguishable from the latter.”(57) One of
our highest courts held that “religion,” as used in the trust provision in
a will for the purchase and distribution of religious books or reading as
they shall be deemed best, means “Christian.”(58) But the Supreme Court of
another State held that “religion” is not equivalent to “Christian”
religion, but means the religion of any class of men.(59) Judge Willis
defines “religion” thus: “It is what a man honestly believes in and
approves of and thinks it his duty to inculcate on others whether with
regard to this world or the next; a belief in any system of retribution by
an overruling power. It must, I think, include the principle of gratitude
to an active power who can confer blessings.”(60)





CHAPTER III. CONSTITUTIONAL LAW


*35.* _Religious Tests._—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)

*36.* _Test Oath, Attainder._—No test oath of any kind, whether religious
or otherwise, can be required of a citizen of the United States. Therefore
the test oath of Congress requiring an officer to swear that he never
voluntarily bore arms against the United States, was held
unconstitutional. Exclusion from any vocation on account of past conduct
is punishment and contrary to the constitution on the subject of bills of
attainder.(62) But there is a limitation to this rule to prevent the open
violation of the laws of the United States or any State under the cloak of
religion.(63)

*37.* _Establishment of Religion, Free Exercise._—The first amendment to
the United States constitution provides that “Congress shall make no law
respecting an establishment of religion, or prohibiting the free exercise
thereof.”

*38.* _Sovereignty, States, Bigamy._—The courts have held that this
provision applies to Congress only, and can not be construed to interfere
with the sovereignty of the several States; that the constitutional
guarantee of religious freedom was not intended to prohibit legislation
against polygamy; and that section 5352 of the United States Revised
Statutes against bigamy, is constitutional. Also, that on a trial for
bigamy in Utah, a man who was living in polygamy was not competent to
serve as a juror.(64)

*39.* _Church of the Latter-Day Saints._—In 1851 the assembly of the
so-called State of Deseret, which subsequently became the territory of
Utah, incorporated “the Church of the Latter-Day Saints.” In 1887 Congress
repealed the act of incorporation and abrogated the charter, which the
Supreme Court held was within its plenary powers. The pretense of
religious belief can not deprive Congress of the power to prohibit
polygamy and all other open offenses against the enlightened sentiments of
mankind.(65)

*40.* _Crime, Religion._—The law prohibiting any person who is a
polygamist or bigamist, or who teaches, advises, counsels, or encourages
the same, from holding any office of honor, trust, or profit, is
constitutional; and a crime is none the less so, nor less odious, because
it is sanctioned by what any particular sect may designate as religion. A
state has the right to legislate for the punishment of all acts inimical
to the peace, good order, and morals of society.(66)

*41.* _Donation, Hostile, Religion._—On the other hand the United States
Supreme Court declared the legal right of donees of a college to make as a
condition of the donation that all ecclesiastics, missionaries, and
ministers of any sort, should be excluded from holding any station of duty
in the college or even visiting the same. The condition being only
negatively derogatory and hostile to the Christian religion, did not make
the devise for the foundation of the college void.(67)

*42.* _Christian Scientist._—A law requiring a person to be a physician to
treat the sick, is constitutional; and the defense of a person who has no
license to practise, that he is a Christian Scientist, is not good. Also,
a parent must furnish a doctor for his sick child, notwithstanding that he
believes in prayer cure.(68)

*43.* _Protestant._—In the early days, under the constitution of the
State, the courts of Massachusetts practically held that the Protestant
religion was the religion of that State.(69) Also, the constitution of New
Hampshire referred to different Christians, and the court in construing
the terms “Roman Catholic” and “Protestant,” held that any one who did not
assent to the truth of Christianity as a distinct system of religion,
could not be classed as either. The court stated that Mohammedans, Jews,
pagans, and infidels, are neither “Catholics” nor “Protestants.” The term
“Protestant,” as used in the constitution of New Hampshire, includes all
Christians who deny the authority of the Pope of Rome. When the children
of Protestant parents renounce that religion, and voluntarily accept
another, they cease to be Protestants.(70) At present under the
constitution of New Hampshire, the legislature may authorize towns or
parishes to provide for the support of Protestant ministers.(71)

*44.* _Hospitals, Sisters, Appropriation._—In 1864, Providence Hospital,
of Washington, was incorporated by an act of Congress, for general
hospital purposes. In 1897, $30,000 was appropriated for the District of
Columbia to put up two isolation buildings in connection with two
hospitals in that city, to be operated as a part of such hospitals.
Providence Hospital was selected as one, and because it was in charge of
Sisters of the Roman Catholic Church, the right of Congress to make the
appropriation was disputed. Among other things, Judge Peackham says:
“Whether the individuals who compose the corporation under its charter
happen to be all Roman Catholics, or all Methodists, or all Presbyterians,
or Unitarians, or members of any other religious organization, or of no
organization at all, is of not the slightest consequence with reference to
the law of its corporation, nor can the individual beliefs upon religious
matters of the various incorporators be inquired into.” The appropriation
was “for two hospital buildings to be constructed in the discretion of the
commissioners of the District of Columbia on the grounds of two hospitals
and to be operated as a part of such hospitals.”(72)

*45.* _Constitution, Rights._—The provisions in the constitution do not in
any way interfere with property rights obtained by a church organization
prior to its adoption.(73)

*46.* _Aid, Contracts._—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, many cases arise out of contracts which border upon these various
rules, and in some States the constitutional provision of the State is
such that the State Legislature may legislate concerning religion and give
certain aid and support thereto. Paying rent to a congregation for a
school-room is not an appropriation or aid to a church contrary to the
constitution.(74)

*47.* _Protestant Teacher, Tax._—Formerly every parish in Massachusetts
was obliged to elect and support a Protestant teacher, and might erect
churches and parsonages. To provide the expenses thereof, a tax might be
assessed upon the polls of the inhabitants.(75) Until 1890 New Hampshire
permitted a tax to be levied in towns for religious purposes. It is still
legal under the New Hampshire constitution to tax the inhabitants for the
purpose of supporting Protestant teachers, but not to support a teacher of
any other denomination.(76) A section of land in every township in Ohio
was set apart for religious societies, in which they all shared
equally.(77) Vermont had a similar provision.(78)

*48.* _Office, God._—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, Maryland, Kentucky, and Tennessee, make all clergymen ineligible
to hold a civil office.(79)

*49.* _Religious Liberty, Bible, Religious Garb, Wages._—The authorities
are not uniform as to what constitutes a violation of religious liberty.
The question of whether the reading of the Bible in the public schools is
a violation of the constitution, is an open one in some States and in
others the courts have passed upon it, some holding that it is a violation
of the constitution,(80) and some holding that it is not.(81) The weight
of authority seems to permit the reading of the “King James” Bible,(82)
and where portions only are read, as in “reading books” prepared for
school work, or where the children are not obliged to be present during
the exercises, the cases seem to be unanimous that it is not a violation
of the constitution.(83) In Pennsylvania the court held that while Sisters
in their religious garb might be teachers in the public schools, they
could not give instruction in the Catholic religion at the schoolhouse
before or after school hours, or at any other time use the school building
for religious purposes. Also, in Wisconsin the court decided that while a
portion of a parochial school building might be leased for public school
purposes and the Sisters be employed therein as teachers, religious
exercises and instructions could not be given in such leased premises.(84)
In New York it was held not only that Sisters could not wear their
religious garb or pray in school, but that they could not collect wages
for teaching.(85)





CHAPTER IV. STATUTORY LAW


*50.* _Wisconsin, Mississippi, New York._—The statutory law of the
different States of the Union is so varied and the laws of one State are
of so little interest to the people of another that it would be almost
useless and beyond the boundaries of this work to give the substance of
the various statutes. In some States there is a limitation upon the real
estate that a church or charitable organization may hold, and in other
States there is no limitation whatever. Wisconsin, perhaps, occupies the
extreme of greatest liberality, by not only allowing full freedom in
everything relating to religion and charity, but it further excepts from
the limitation all rights of alienation of real estate granted or devised
to a charitable association or to literary or charitable corporations
organized under the law of the State. The State of Mississippi probably
stands at the other extreme both in the narrowness of its constitution and
statutory law, and prohibits any devise or bequest of any personal
property or real estate in favor of any religious or ecclesiastical
corporation or any religious or ecclesiastical society. Neither does it
exempt a clergyman, physician, or lawyer, from examination as a witness
concerning information that he obtained in the performance of his
functions or duties as such. Its judges, however, are more liberal than
its legislators, and I know of no instance in which a clergyman,
physician, or lawyer, as a witness, was sent to jail for contempt of court
for not divulging information obtained in his professional capacity.
Probably New York has the most complete code(86) relating to religious
corporations.

*51.* _Real Estate, Parish, Diocese, Taxation._—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 and authority of the
Church as a civil organization. In some States there is no special law for
incorporating religious societies; while in most States there are special
provisions therefor. For this reason, I emphasize the fact that no parish
or clergyman is justified in organizing a congregation or purchasing land
without first knowing the law of that particular State. But generally it
is best that each congregation be incorporated and that its property be
held in the name of the corporation, so that the debts of one corporation
will not embarrass the diocese, and that bequests and gifts made to a
church may be enforced in the courts. The proceedings to incorporate are
fully stated in the statutes of each State. One of the things of the
utmost importance is that any notice to be given must be given strictly as
required by law.(87) Another is to incorporate in the way that avoids
taxation.(88)

*52.* _Riot, Damages._—Under a statute providing that a person whose
property is destroyed by riot may bring suit against the county for
damages, a corporation for religious purposes, as well as an individual,
has a right of action.(89)

*53.* _Use, Change, Parsonage, Discipline, Doctrine, Curate._—When a fee
simple is acquired by a religious corporation, without restriction as to
quantity, but limiting the purpose of its use, a subsequent Legislature,
with the consent of the corporation, has power to change or abrogate
altogether the restrictions as to the use of the land.(90) And the
Legislature may empower the church corporation to convey a house devised
to it for a parsonage with a condition that it be kept in repair, and
invest the proceeds in other property to be held for the same purpose.(91)
A State legislature can not interfere in church discipline and doctrine,
as by legislating what shall constitute a curate in the Catholic
Church.(92)





CHAPTER V. UNINCORPORATED CHURCH SOCIETIES


*54.* _Partners, Debt, Liability._—Where several go into an undertaking
without first being incorporated they are usually liable as partners, each
one being responsible for the whole debt. In some States the same
liability exists where an attempt has been made to incorporate, but there
was a failure to comply fully with the law.(93) There is some authority
freeing the individual members of a religious society from liability for
the debts of such society,(94) and holding that an agent of such society
could not bind the society in their associated capacity by a promissory
note,(95) but the rule is that the members of an unincorporated society
who actively incur lawful debts or ratify them after their creation are
personally liable. There are exceptions to this rule by statute or
decisions in a few States.(96) Also, the law of personal liability is
settled in England.(97)

*55.* _Pastor, Salary._—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 a few of the individual members of the congregation.(98)

*56.* _Building, Materials._—The members of the building committee of an
unincorporated church are liable for materials purchased by them for the
church, notwithstanding that the seller charged the materials in the name
of the church, and that at the time that the purchase was made, he was
told that the money for payment was to be raised by subscription among the
congregation.(99)

*57.* _Management, Disability._—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 age, and not
under legal disability. The minor sons in a family who have continued
their attendance at the religious services until of full age, are
considered members.(100)

*58.* _Shakers, Sect, Catholic Church, Trustees, Funds._—Although the sect
called Shakers is not incorporated, yet it has been allowed to take and
hold property for church purposes.(101) In Massachusetts, by statute, a
sect may take and hold property for religious purposes without
incorporation.(102) The Roman Catholic Church is a recognized public
corporation by most nations, including the United States.(103) No
individual member of any such body has any title to the lands it holds,
but the lands are the property of the society in its aggregate
capacity.(104) After property has been acquired, the trustees have no
right to distribute it among the members, as such power could not be
conferred upon them by a majority vote even when approved by an order of
the court. The contributors did not intend their funds to be so disposed
of, and if they failed to attain the use intended, they must be returned
to the donors, and if not called for, would escheat to the state.(105)
Where an unincorporated society has purchased property and taken the title
thereto in the name of one of its members, when it subsequently
incorporates such member may be required to execute a conveyance to the
corporation.(106)

*59.* _Contract, Binding._—Persons forming a religious society may make a
contract for the support of its minister by a majority vote.(107) When
such unincorporated society by a majority vote enters into a contract or
compromises a suit, it is binding upon the minority.(108)

*60.* _Court, Trust._—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)

*61.* _Societies, Membership, Forfeiture._—Voluntary religious societies
when not restricted by their charters or articles of association, may make
by-laws declaring what shall constitute membership and what shall operate
as a forfeiture thereof, applicable to existing as well as to future
members. Where money is voted to be raised by an assessment to be made at
a subsequent period, a person who was a member of the religious society at
the time that such vote was passed, but withdraws before the time of
assessment, is not liable to taxation.(110)





CHAPTER VI. INCORPORATED RELIGIOUS SOCIETIES


*62.* _Special Law, General Laws._—In most of the States there is a
special law under which congregations may be incorporated. New York is a
good example.(111) Where such law does not exist, the congregation may be
incorporated under the general laws. For business reasons each
congregation should be incorporated.(112)

*63.* _Officers, Discipline, Property._—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 to the
discipline of the church.(113) When a parish incorporates, the title to
the parish property vests in the corporation, to which trustees may be
compelled to convey it.(114)

*64.* _Incorporation, Evidence._—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
evidence _aliunde_ may be competent in some forums.(116) In most States if
incorporation is alleged in the complaint, it need not be proved unless
denied by an affidavit or a verified answer.

*65.* _Congregation, Members._—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
territory.(117) Incorporation once established is presumed to
continue.(118) When a new religious society is formed and incorporated,
consisting of individuals from existing parishes, the members of the new
society from the time of its incorporation cease to be members of the
respective parishes to which they had belonged.(119)

*66.* _Temporal Affairs, Management._—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
religious corporation may be very different from that of membership in the
church.(121) The fact that a member has been declared out of the church by
an ecclesiastical tribunal, may not affect his rights in the management of
the temporal concerns of the corporation.(122)

*67.* _Corporators, Change._—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)

*68.* _Constitution, Subsequent Laws._—An ecclesiastical society formed
before the adoption of the state constitution is not by that constitution
and subsequent laws concerning religious societies divested of its legal
character.(125)

*69.* _Name, Change._—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 in the same State, that one may be taken for the
other.(127)

*70.* _Church, Regular._—In church organizations those who adhere to the
regular order of the church, legal and general, though a minority, are the
true congregation and constitute the corporation if incorporated.(128)

*71.* _Notice, Legal._—All the proceedings of a corporation, including
notice, must be in accordance with the constitution and by-laws, and no
business transacted contrary thereto is legal.(129)

*72.* _Control, Secede, Vested Rights._—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,
charter, or by-laws of the corporation. However, the by-laws must not
contravene the laws of the State.(130) A charter was refused in
Pennsylvania which provided that the congregation might, by a majority
vote, dissolve or secede from the central body and divide the
property.(131) A charter of incorporation may be amended in harmony with
the principles, discipline, and objects of the church, but not
otherwise.(132) The fact that incorporation of a church confers certain
rights and privileges under the charter, such charter being accepted, does
not give the church corporation any vested rights.(133)

*73.* _Consolidation, Control, Dissolution._—So far as the State law is
concerned, two different denominations may form one corporation;(134) or
two or more congregations of the same organization may form one
corporation.(135) Where such consolidation is attempted, the new
organization must have control of all the property.(136) So long as
different congregations attempting to consolidate retain their respective
identities, they do not form a single corporation.(137) It is a general
rule that a corporation may be dissolved by taking the steps required by
law. As there are various statutory provisions in the different States,
each case had best be attended to by an attorney. In some States there is
a provision that where a corporation fails to carry out its functions for
a stated time, it thereby becomes dissolved. The omission of a parish for
one year to elect officers, does not necessarily operate as a dissolution
under such statute. In case of dissolution under a statute of that kind,
the property of the church is not forfeited to the State.(138)

*74.* _Debt, Limited._—The amount of debt which the trustees of a
religious society may be authorized to create, may be limited by its
constitution.(139)

*75.* _Conditions, Effect._—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 deed, a mortgage given to secure a legitimate debt was held valid, as
the legal title was in the corporation and a court of equity could not
refuse to enforce the mortgage for the payment of an honest debt under
color of protecting a charitable use.(140) But property given a
congregation for the maintenance of a church that becomes dissolved,
reverts to the heirs as a resulting trust.(141) A corporation that has
been authorized to purchase land may execute a mortgage for the purchase
money or a part of it without further authority.(142) Where by an ancient
agreement a meeting-house was to remain in a particular place, a vote of
the congregation will not justify pulling it down, and an action of
trespass will lie for razing it and damages will be given for the value of
the building.(143)

*76.* _Suits, Parties._—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 there are two sets of officers contending for control, service of
the papers upon the intruders may not be sufficient. The safer practice is
to serve upon both.(145) A suit by the trustees of a religious society to
restrain other parties claiming to be trustees from interfering in the
management and control of the society property, is properly brought in the
corporate name of the trustees and not in the name of the State.(146)

*77.* _Incorporation, Sufficient._—Where the articles of incorporation
were drawn and signed in the form required by law, excepting as to the
acknowledgment, and were recorded, and the corporation organized in good
faith, it became a _de facto_ corporation and was sufficient to entitle it
to sue to prevent certain members from perverting the use of its
property.(147)

*78.* _Dissolution, Fund._—The corporation of a congregation can not by
seceding and a majority vote dissolve the corporation where it is a part
of a superior body.(148) But the courts have plenary powers over
corporations under the United States jurisdiction, such as territories,
and may dissolve a corporation.(149) The fact that the dissolution is
contrary to, or authorized by church discipline, makes no difference as to
granting the dissolution, as such discipline can not supersede the state
law.(150) On dissolution of a religious corporation, the surplus fund
derived from a legacy should be disposed of in the manner the court
believes to be most in harmony with the will of the contributors to the
fund, could they have foreseen the event.(151)

*79.* _Reorganization._—A church corporation may reorganize and be
reinstated into all rights that it formerly had.(152) The steps to be
taken to reorganize are usually provided by statute and should be closely
followed. Upon the reorganization, the old corporation becomes
terminated.(153)

*80.* _Meetings, Majority, Quorum._—In corporate meetings, meetings of
boards, and meetings of committees duly called, a majority vote of those
present determines the action of the body. If the membership is
indefinite, those who attend such meeting constitute a quorum; but if the
membership is definite, it requires a majority of the voting members to
constitute a quorum, unless the law of the State or the constitution
(articles of organization) or by-laws provide a different number.(154)





CHAPTER VII. SUPERIOR AUTHORITY


*81.* _Protestant, Ministers, Bishop._—In most church organizations the
authority is divided into superior and inferior. In countries where there
is an established Protestant church, the superior authority is first in
the king and queen and secondly in the bishops. The inferior authority is
in the ministers and secular officers of the church. Where there is no
established church, the synod or bishop is the superior authority. Thus
decisions of our courts usually apply to all churches alike.

*82.* _Roman Catholic Church, Pope, Bishops, Delegated._—In the Roman
Catholic Church the superior authority is first in the Pope and secondly
in the other bishops. This superior authority is graded and some of it may
be delegated, as in case of a Papal delegate. But the general rule that
delegated authority can not be again delegated by the delegate without
special authority applies to church matters.

*83.* _Bishop, Discipline, Clergy._—Within his diocese the bishop is the
executive officer, the legislature, and the judiciary; but he is subject
to the superior authority of the Church. The bishop may make laws for his
diocese, subject to the limitation of the general doctrine and discipline
of the Church. He has original jurisdiction of all causes arising in his
diocese, and may decide them in the first instance and inflict such
penalties, suspension, or excommunication, in accordance with the canons
of the Church, as he deems fit. The clergy are subject to his orders and
discipline according to the canon law. However, without special contract,
the bishop is not civilly liable for the salary of a priest under him,
either while he is actually in the line of his assigned duties or while
waiting to be assigned.(155)

*84.* _Local, Secular Matters._—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
Church; but has only such powers and authority with regard to secular
matters as is provided by the laws of the State or conferred by the
articles of organization, charter, and by-laws. Also, unless there is some
other rule to the contrary, only the male members who are over twenty-one
years of age, have a voice and vote in such corporation.(156)

*85.* _Unincorporated, Authority._—When a church is not incorporated, all
its elections and proceedings, so far as they are not contrary to the laws
of the State, must be in accordance with the rules and regulations of the
Church; and the rule that the inferior authority must give way to the
superior authority in all matters within the limitations of the
constitution and laws of the organization, prevails.(157) However, courts
are not always clear on the last part of this rule.(158)

*86.* _Tribunal, Action, Appeal._—When any question arises and is being
adjudicated in the tribunal of the church organization, either as an
original action or on appeal, the State court will not interfere so long
as the proceedings are in accordance with the rules and regulations of the
church, unless some vested right to property is in question or some one’s
right as a citizen of the State or of the United States is being
infringed.(159)

*87.* _Spiritual Authority, Excommunication._—Neither the Pope nor the
bishop has any but spiritual authority within the State.(160) The law of
this country considers excommunication as expelling from membership; but
does not tolerate interference with civil or property rights of citizens.
Therefore, major excommunication _non tolerati_, is unlawful in the United
States.(161) However, a bishop is not liable for any expression of his
opinion as to the extent of his episcopal authority nor for any act of
omission in the exercise of his spiritual functions.(162) The civil courts
will not go behind a church authority to inquire as to excommunication,
but may examine as to the competency of the tribunal according to the laws
of the denomination.(163)

*88.* _Constitution, Limited, Decisions._—A written constitution is not
necessary to prove the connection between a subordinate and superior
ecclesiastical body; but it will be inferred from the circumstances of the
case.(164) The superior may dissolve or reorganize an inferior body as a
congregation.(165) In fact the superior authority, in religious matters,
is plenary, excepting as limited by the laws of the State and the
constitution of the Church.(166) The decisions of the ecclesiastical
tribunals in all cases on doctrine, order, and discipline, are conclusive
in the state courts.(167)





CHAPTER VIII. INFERIOR AUTHORITY


*89.* _Priesthood_, _Discipline_.—The inferior authority in the Church may
be said to be in the priesthood, whose rights and duties are fixed by the
canon law, but who are still further subject to the reasonable diocesan
rules made by the bishop. The disciplinary relation of a priest to his
bishop is substantially the same as that of a captain to his colonel, and
implicit obedience in accordance with the discipline of the Church may be
strictly enforced by the bishop in so far as it relates to ecclesiastical
matters, including doctrine and discipline, in which the priest can not
resort to the courts of the State, but must submit to the tribunals of the
church.(168)

*90.* _Congregation, Insubordinate, Discipline._—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 incorporation.(169) Where an
inferior organization, as a congregation, refuses to receive a clergyman
appointed by the bishop, it is an act of insubordination to the
ecclesiastical authority of the Church and in violation of its discipline,
which authorizes the issuing of a peremptory mandamus commanding them to
admit the clergyman.(170)

*91.* _Pastor, Parish, Relation._—When a clergyman’s connection with a
church had been duly dissolved, he ceased to be pastor of the church and
an arrangement with the parish to retain his relation as pastor of such
church was nugatory and void.(171)

*92.* _Clergymen, Citizens._—Clergymen residing in an incorporated town
are not exempt from the performance of any duties required of citizens,
unless such exemption is given by statute.(172)

*93.* _Doctrine and Discipline, Authority._—In all matters concerning
doctrine and discipline of the Church, the inferior authority, such as
ministers, priests, and deacons, as well as the congregation, must submit
to the decision of the higher authority, whether bishop, synod, or
council.(173)

*94.* _Sect, Suit, Property._—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,
the title vesting in the corporation. In 1811 the congregation passed
resolutions unanimously that it “would be imprudent and unscriptural” to
establish a new religious sect, and voted to join the First Reformed Dutch
Church, which had an organization of inferior and superior authority. The
congregation was received into and became a part of the general
organization, and remained so until 1860, when a majority of the
congregation voted to employ a Methodist minister, and when his name was
submitted to the superior authority, the “classis,” he was rejected as not
belonging to the church. Then by a majority vote, the congregation seceded
and assumed its first name, and thereafter brought suit for the church
property. The court held that by joining the First Reformed Dutch Church,
the title of the property vested in the congregation of that church as
represented by its corporation, and that when the majority seceded and
left the church, they had no right nor title to any of the property. And
the court laid down the general rule that a majority of a church
congregation may direct and control any church matters consistently with
the particular and general laws of the organization or denomination to
which it belongs, but not in violation of them.(174)

*95.* _Priest, Salary._—The fact that a bishop who holds the title to all
the diocesan property in his own name in trust appoints a priest to the
parish or as chaplain to a hospital, does not give the priest a right of
action against the bishop personally for his salary. The relation of
bishop and priest is not that of employer and employe, but is that of
ecclesiastical superior and inferior.(175)

*96.* _Curate, Induction, Rector._—The _jus patronatus_ of the Spanish law
has been abrogated in Louisiana. The wardens of the church can not compel
a bishop to institute a curate of their appointment, nor is he in any
sense subordinate in his clerical functions to the wardens of any church
within his diocese.(176) In the absence of a positive rule of the
ecclesiastical body, no ceremony of induction is necessary for the rector
of a parish.(177) A clergyman appointed “permanently” to a rectorship
holds it for an indefinite period during the pleasure of the contracting
parties, and either of the contracting parties may give the other notice
of termination, and with the concurrence of the higher ecclesiastical
authority of the diocese, a change may be made.(178) It is doubtful,
however, whether in most States a permanent appointment would not be
construed as a contract for life, determinable only for good cause.(179)

*97.* _Controversy, Tribunal, Decision._—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 party
conforming to it.(180) And a minister who submits to a church tribunal and
is ousted after fair hearing and trial, can not obtain a writ of mandamus
from the civil court to compel his reinstatement.(181) Also, after a
minister has been dismissed in due manner by the tribunal of his
denomination, the civil court will enjoin him from usurping his
office.(182)

*98.* _Priest, Dwelling, Servant._—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
occupancy ceases with his services.(183) The law is different with regard
to a Methodist minister who is in charge of his parish by an annual
conference and can not be ejected by the congregation or bishop until the
next conference, as he has possession of the church property without
superior authority.(184)

*99.* _Injunction, Bishop, Priest, Trial._—On application for an
injunction to restrain the bishop from passing a sentence against a
priest, the only ground on which a court can exercise jurisdiction is that
the threatened action of the bishop will affect the civil rights of the
priest.(185) A bishop can not remove a priest without an accusation,
hearing, or trial, and forbid him to exercise any priestly function where
such removal would cut off the priest’s income and destroy his means of
living in his vocation.(186) However, in the same case it was held that a
complaint stating that the bishop failed and neglected to assign the
plaintiff to the exercise of his office of priest in said diocese to the
plaintiff’s damage, etc., failed to show that any right of property or
civil right was involved and the priest was non-suited, while in the
former case an injunction was issued against the bishop.(187)

*100.* _Confession, Privacy, Authority._—A Catholic priest, although about
to administer an office of his religion to a sick person at the latter’s
request, has no legal authority, by virtue of his priestly character, to
forcibly remove from the room a person lawfully there.(188)

*101.* _Debts, Permission, Presumed._—Notwithstanding a rule or
ecclesiastical law of the church that a pastor shall not contract debts in
the name or for the sake of the church without the written permission of
the bishop, such written permission is not evidence that debts contracted
under it are the legal debts of the bishop. The authority which bishops
delegate to priests is under the ecclesiastical law and prima facie
ecclesiastical authority, and must be presumed to be so in the absence of
all evidence to the contrary.(189)

*102.* _Official Acts, Subscriptions._—The official acts of a minister
coming in question incidentally, unless contrary to the statute, are as
valid as the official acts of any other officer.(190) A clergyman who was
engaged to conduct dedication services and was requested by the officers
of the local corporation to solicit subscriptions for paying off the
indebtedness of the church, but was not appointed agent to receive such
subscriptions, had no authority to accept a subscription for the
corporation.(191)

*103.* _Exemptions, Clergy._—The exemptions given ministers by the
statutes of some States are liberally construed.(192) Without any
statutory exemption, the clergy are liable for all duties required of
other citizens.(193)

*104.* _Minister, Contributions, Deposed._—No religious teacher or
minister can be enjoined from receiving voluntary contributions, although
he has been deposed by some ecclesiastical tribunal.(194)

*105.* _Fees, Usages, Excess._—The fees of a priest of the Catholic Church
are regulated by the laws and usages of that Church, and where in this
country the pew rent and collections go for the support of the priest and
the current church expenses, a priest is not accountable for the excess of
such collections over these expenditures.(195)

*106.* _Salary, Fees._—Under the act of March, 1814, incorporating a
congregation, the congregation, being the legal owners and temporal
administrators of the property which it was authorized to hold, had the
exclusive power to fix the salary of the parish priest or the tariff of
fees for marriages, burial, etc. No such power could be exercised under
that act by the Pope or any bishop.(196)

*107.* _Clergyman, Salary._—Where a clergyman agreed with a congregation
that the salary should be what could be raised by subscription, the
congregation was bound to use due diligence in procuring subscriptions,
and as it did so, that was all that the clergyman could recover.(197)

*108.* _Curate, Services._—In an action by a curate against a religious
corporation for personal services, the court will not inquire into the
spiritual relations existing between the parties, but will examine their
legal rights only.(198)

*109.* _Minister, Dismissal, Money Advanced._—After a parish has voted to
dismiss the minister, it is not competent to prove irregular conduct or
immorality in answer to his claim for salary, without alleging it in the
vote of dismissal.(199) In Illinois it was held that a priest who advanced
money from his private resources for improving church property, had an
equitable lien upon the property for all the money advanced, with legal
interest.(200) But in Pennsylvania, where a priest under the direction of
the bishop built a church in his parish for mission purposes, and in doing
so expended some of his own money, it was held that in the absence of
proof of any rule or custom of the Catholic Church making the payment of
such expenses obligatory on the parish, that he could not recover the
money so expended from his congregation.(201)





CHAPTER IX. MEMBERSHIP


*110.* _Business, Religious Membership._—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 religious
society.(202) But the question of membership of religious societies or
congregations is left to be determined by the rules of the religious
denomination to which they belong.(203) And where a condition of
membership is that the person must contribute to the support of the church
and be a communicant, if he is not a communicant he is not entitled to
vote.(204)

*111.* _Regular, Doctrines, Support._—The ones who adhere and submit to
the regular order and doctrines of the church, although a minority,
constitute the true congregation.(205) At least two things must concur to
qualify a person as a voter: first, stated attendance at divine worship in
the congregation; and, second, contribution to the support of the
church.(206) The list of members kept by the clerk or secretary of the
congregation is evidence of membership.(207) A person who denies any part
of the system of theology received and taught by the denomination is not a
member of the church.(208)

*112.* _Factions, Authority._—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 taken by either or both of them is nugatory for want of
authority.(209)

*113.* _Faith, Burial._—Whether a person died in the faith of the Roman
Catholic Church so as to be entitled to burial in its cemetery, is not a
question within the jurisdiction of civil courts, but must be decided by
the ecclesiastical authorities.(210)

*114.* _Rules, Membership._—Every denomination has the right to prescribe
by rules, its constitution, or its by-laws, the conditions of membership;
and any one who will not subscribe to and practise the doctrines of the
denomination is not a member.(211)

*115.* _Minor._—Where the legal members of a society that is incorporated
consist of male members of the church of full age, when minor sons become
of age, they become legal members of the corporation, provided they remain
in the church.(212)

*116.* _Officers, Non-Members._—It has been held that a person may be an
officer or member of the church corporation or its temporal concerns
without being a member of the denomination.(213)

*117.* _Debts, Unincorporated Parish._—In Connecticut members of an
ecclesiastical society formed by voluntary association under the statutes
of the State are not individually liable for the debts of such
society.(214) But where there is no statute on the subject, the members of
an unincorporated parish are liable for lawful debts contracted or
ratified by them, and their property may be levied on for such debts
incurred or judgments rendered while they are members of the society.(215)
The members of an unincorporated parish may be sued to recover the salary
of a deceased pastor up to the time of his death.(216)

*118.* _Execution, Property._—While an execution against a territorial
parish may be levied on the property of a member of the parish, it can not
be levied on property of a person who ceased to be a member before the
levy.(217)

*119.* _Incorporated, Subscriptions._—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)

*120.* _Expelled, Merits._—Mandamus can not be resorted to to restore a
member regularly expelled from his church, as a court will not inquire
into the merits of the case.(219)

*121.* _Lay Members, Appointed._—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
congregation have no right to elect said two members, and those appointed
in the proper manner are lawful officers.(220)





CHAPTER X. HERESY AND SECESSION


*122.* _Mother Church, Control._—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 congregation remains faithful to the mother church of which such
congregation forms a part. Such minority shall retain control of the
property.(221)

*123.* _Seceders, Funds._—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 in a divided congregation is in that part of the congregation
which is acting in harmony with its own law; and the ecclesiastical laws
and principles which were accepted among them before the dispute began are
the standards for determining which party is right.(223)

*124.* _Society, Foreign Language, Independent._—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 a foreign
language is not a separation from the congregation, although it has its
own minister and officers.(224) Where an independent congregation of one
denomination votes unanimously to go over to another denomination, and the
title to the church property is in the parish corporation, the seceders
take with them the church property.(225)

*125.* _Subordinate, Incorporated._—A religious society subordinate to
church judicatures, which declares itself independent and becomes
incorporated under the general law of the state and subsequently purchases
land and takes title in the name of the corporation, holds such land
independently of such church judicatures.(226)

*126.* _“__Church,__”__ Seceders, Debt._—Where a religious society amended
its constitution as provided therein, those who adhered to the amended
constitution constituted the “church,” and those who refused to do so were
seceders.(227) After seceding, a member of a parish is liable for a debt
existing at the time of his secession.(228)

*127.* _Bible, Constitution, Withdrawal._—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
denomination.(229) What amounts to a voluntary withdrawal of members from
a religious association, is a question of law.(230)

*128.* _Majority, Obligation._—The fact that a majority of the members of
a religious corporation secede therefrom by a vote, does not affect its
obligation entered into prior thereto.(231) Two factions of a church
separating and keeping up different organizations may both still retain
their membership in the denomination.(232)

*129.* _Division, Funds._—Where there is a division in a denomination by
the secession of a part of the members from the mother church, the
Legislature has no authority to divide the funds and give a part to the
seceding division.(233)

*130.* _Methodist, Slaveholding, Non-Slaveholding, Quarrel, Schism,
Secession._—The division of the Methodist church into distinct
organizations of slaveholding and non-slaveholding States, was not a
secession and neither division lost its interest in the common
property.(234) A quarrel in a congregation growing out of an illegal
election followed by the majority excluding the minority from the church,
is not a schism, and is no ground for a division of the church
property.(235) The secession of a whole congregation does not carry with
it the church property; and those who are left and adhere to the mother
church retain control of the property.(236) When the seceders from one
church join another, they forfeit all claim to any interest held by the
former and lose identity with it.(237)





CHAPTER XI. EXCOMMUNICATION


*131.* _Definitions, Minor._—Excommunication, as construed in law, is the
official announcement by the superior authority of the termination of
membership in a religious body and the forfeiture of spiritual privileges
of the church. It is one of the methods of discipline in the nature of
expulsion from membership in a fraternity, and the fact of expulsion from
a church is conclusive proof that the person expelled is not a member of
such church. Whether the excommunication was wrong or not can not be
examined into in the courts of the State, and such expelled member can not
maintain a suit in relation to church property nor vote for trustees.(238)

*132.* _Major Excommunication._—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
slander.(239)

*133.* _Vote, Sentence._—When a vote of excommunication from a church has
been passed in the Congregational church and the offender thereby declared
no longer a member, the sentence may be promulgated by being read in the
presence of the congregation by the pastor.(240)

*134.* _Trustees, Disqualified._—The trustees of a church who have been
excommunicated are not thereby disqualified in law to act as
trustees.(241)

*135.* _Devise, Void._—A parent may leave money to a child payable in
yearly instalments on condition that said child shall continue to be a
member of a particular church and attend the regular meetings thereof, and
in case he fail so to do that the bequest be thereupon paid to a
missionary society. Such a devise is not contrary to the constitution of
the State of Wisconsin and is not void for any other reason.(242)

*136.* _Fraternity, Excommunicated, Bequest._—Where a church member was
also a member of an insurance fraternity connected with his church, the
constitution of which required that every member of the fraternity should
be and remain a practical Roman Catholic, when he was excommunicated from
membership in the church he thereby forfeited his benefit certificate in
such fraternity.(243) Also, a condition that a bequest shall be forfeited
if the legatee should not marry a Protestant wife, the daughter of
Protestant parents who have always been Protestants, was held to be valid
and not an infringement of any constitutional right.(244)

*137.* _Action, Expulsion._—An action can not be maintained against the
parish corporation for expulsion from the church.(245)

*138.* _Forfeiture of Membership_.—Any member may forfeit his membership
in a church.(246)

*139.* _Insubordination, Expulsion, Hearing._—The authorities in the
church, under its rules and discipline, have a right to exclude members in
the church, for insubordination.(247) If the church has no rules as to
expulsion of members, the common law prevails, and a member can not be
expelled without due notice and fair hearing.(248)

*140.* _Injunction, Mandamus, Sepulture._—An injunction will not be
granted to prevent the expulsion of a member contrary to the charter and
by-laws of the denomination; but if a member be expelled without warrant
of law, he has his remedy by mandamus for reinstatement.(249) A person who
has been expelled can not maintain an action for restoration in order to
enjoy the right of sepulture, as it is premature.(250)

*141.* _Expulsion, Illegal._—The attempt of a minority of a church to
expel the majority of the members and turn over the property to another
denomination is illegal. However, the same would be true if it were done
by the majority.(251)

*142.* _Freedom, Faith, Doctrine._—The constitution in declaring the
freedom of all men to worship God according to the dictates of their own
consciences, does not give a church member the right to repudiate the
faith and doctrine on which the church was founded, and at the same time
to insist on his right to exercise and enjoy the benefits and privileges
of a member of such church.(252) Every person joining a church, impliedly,
if not expressly, agrees to conform to its rules and to submit to its
authority and discipline.(253) A person who has been expelled from a
religious society can not maintain an action for services rendered the
society while he was a member.(254)





CHAPTER XII. ELECTIONS


*143.* _Time, Place, Void._—Where a religious society that is incorporated
holds an election for trustees, which is held at the wrong time or place,
the election is void.(255)

*144.* _Voting, Communicants, Attendance._—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 a
charter of a religious society allowed only members being communicants to
vote after they had attained the age of eighteen years, to entitle a
member of the congregation to vote it was necessary that he should have
taken the sacraments after the age of eighteen years.(257) Where the right
to vote was limited to members who contributed not less than ten shillings
annually toward the support of the church, those who were challenged for
want of complying with the rule can not do so after being challenged and
then vote.(258) Stated attendance at divine worship in the church,
congregation, or society, and contribution to the support of such church,
may be made the tests of the right of a person to be a voter at an
election. The attendance of a wife or children of the family is not
sufficient to confer the right to vote on the husband or father.(259)

*145.* _Voters, Poll List._—Parol evidence is admissible to prove the
number of persons entitled to vote in a church society, notwithstanding
that there is a register of names of the stated hearers in such church
kept by the clerk of the trustees.

*146.* _Notice, Quorum, Majority, Strangers._—It is not necessary that a
majority of the members of a religious society be present to constitute a
corporate meeting. Those present at a regularly called meeting of which
due notice has been given to all the members, constitute a quorum; and, in
the absence of a rule to the contrary, a majority of the votes cast
carries any question.(260) The presence of strangers, unless they vote,
will not vitiate the proceedings. If they should vote, unless their votes
determine the election, it will not be void.(261) The casting of a few
illegal votes that would not change the result of the election does not
make it void.(262)

*147.* _Challenge, Ground._—The right of a person to vote at any meeting
may be challenged. The proper time to challenge a voter is when he offers
his vote. After his vote has been received it can not be thrown out on the
ground that he was disqualified.(263) A church election for which due
notice has been given, that has been fairly conducted, and all the
requirements of the statute or rules of the church complied with, is
conclusive.(264) Without due notice, all proceedings are void.(265)

*148.* _By-Laws, Usage._—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 established usage will govern.(266) Also, if the time an
election is to be held is provided for, but the manner of conducting it is
not, the meeting may be conducted according to established usage.(267)

*149.* _Ballot, Hand Vote._—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 subsequent annual meeting. But a provision in the constitution or
by-laws requiring a ballot must be complied with.(268)

*150.* _Hold Over, Successors._—When the election of the new trustees is
invalid, the old trustees hold over until there will have been a valid
election of their successors.(269) But where a board that was illegally
elected employed a minister who had no notice of such illegality, he was
entitled to his compensation according to the contract.(270)

*151.* _Majority, Votes Cast._—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 elected.(271)

*152.* _By-Law, Tickets._—When a by-law provides that “if besides the
names there are other things upon the tickets, such tickets are not to be
counted,” a ballot having an engraved eagle on it should be rejected.(272)
However, in a very recent case under a statute that specifically provided
what should be printed on the general election ballot, and in addition
thereto the Union Labor label was printed thereon, the court held that the
statute should be strictly construed in favor of the voter and that the
ticket should be counted.(273)





CHAPTER XIII. OFFICERS


*153.* _Charter, By-Laws._—The articles of organization or the charter
which is the constitution of the corporation may provide who may be
officers of a religious society and limit their authority. The
constitution usually gives further authority to make by-laws which are
binding on the officers as well as on the members.(274)

*154.* _Unincorporated Church, Incorporated._—The officers of an
unincorporated church can only be elected by the members of the church,
unless there is some law of the State or rule of the church that provides
for appointing them. In an incorporated congregation, the charter and
by-laws of the corporation determine whether the officers shall be elected
or appointed.(275)

*155.* _Trustees, Control._—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 corporate, does not constitute the trustees the corporation in place
of the congregation so as to make the acts of a majority of the trustees
binding on the corporation in the absence of proof of other
authority.(276) Under the statutes of Louisiana providing for the
incorporation of congregations for the purpose of administration and
revenues, it was held that the corporation had full control and was
responsible to the congregation alone and could not be controled by the
clergy. The congregation had the right to elect others in the places of
those amoved by reason of their misuse or abuse of their powers.(277) And
in Massachusetts, under the law for incorporating Catholic parishes, no
one but the trustees have any power.(278)

*156.* _Membership, Office._—Where church membership is necessary to hold
office in the church corporation, it is a binding condition
precedent.(279) An officer who withdraws or is expelled from a religious
organization thereby terminates his office.(280)

*157.* _Certificate of Election._—A certificate of election of officers is
prima facie evidence thereof, but the truth may be shown _aliunde_ and a
wrong certificate may be cancelled by a judgment of a competent court on a
writ of _quo warranto_ or proceeding under a statute of the State. Also,
if the certificate does not conform to the law, it is insufficient.(281)

*158.* _Term, Successors, Contest._—Where there is no term of office
fixed, the presumption is that an officer continues as such until proof to
the contrary is established,(282) or until his successor shall have been
elected and shall have qualified.(283) Also, the officers elected for a
certain term can not be amoved by electing new officers before the end of
the term.(284) When officers or committees have been elected “for the
ensuing year,” they shall hold office until superseded by their duly
elected successors. Where two sets of officers were elected at a meeting
of a religious corporation and the set that was elected according to the
charter continued in office by appointment thereafter, it was too late for
the irregularly elected officers to make a contest for the offices after
the term for which they had been elected had expired.(285)

*159.* _By-Laws, Preside._—At an election of trustees under by-laws that
provide that certain officers shall preside, if there are no such officers
members may be selected to preside in their places.(286)

*160.* _Note, Overdraft, Interest._—The president and secretary of a
church corporation have no authority to make a promissory note unless
authorized by the board of trustees.(287) Neither has the treasurer
authority to make an overdraft on a bank with the action of the
trustees.(288) The trustees of a parish, however, may make a note binding
the congregation for the payment of the money used in building a
church.(289) But when the trustees have an interest in the transaction,
adverse to the congregation, they are disqualified from acting.(290) When
trustees had claims against the congregation which they included with
other claims that third parties had against the church, they could not put
them in a judgment note so as to get a lien upon the church property. When
officers do not bind the congregation, they usually bind themselves.(291)
The trustees of an unincorporated church can not bind it beyond the
expressed powers granted by the members.(292)

*161.* _Board, Control._—When the laws of the organization give control of
matters to the board of trustees, the majority of the members of the
church can not control the action of the trustees contrary to the usages
and regulations of the church.(293)

*162.* _Treasurer, Accepting a Draft._—A parish treasurer has no authority
under any condition to bind the corporation by accepting a draft in favor
of a third person. A treasurer elected for the purpose of receiving and
investing funds in his individual name, holds such funds as trustee for
the church and is subject as such trustee to a court of equity. Persons
claiming to be trustees of a church but never getting possession of their
offices or the property of the church, can not maintain an action against
other persons who are in possession and have been duly elected.(294)

*163.* _Note, Trustees._—A church will not be bound by a note which was
executed by two of its trustees and sent around to other trustees to sign
it, where there was no vote of the board of trustees at an authorized
meeting to borrow or to execute such note.(295) A meeting of a board must
be called as required by law or the by-laws of the organization, and in
the absence of any such all members must be notified a reasonable time
before the time fixed for holding the meeting. However, if all the
trustees are present and agree to hold a meeting it is valid; but it would
be well to put such consent in writing and have all the members sign
it.(296)

*164.* _Money, Powers._—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.(297) Officers of a corporation have no powers only
those conferred upon them by the charter and by-laws of the corporation or
by a majority vote of a duly called meeting of the congregation.(298) When
the trustees of a church are authorized to execute contracts for the
church, they should act as a body or delegate the power to one of their
number or ratify the acts of one of their number.(299) The individual
disjointed action of trustees of a religious society, at various times and
places, although assented to by a majority, is not the action of the
board, and is not binding on the society. To make the action of the board
of trustees binding, they must duly meet and by a vote determine their
action.(300)

*165.* _De Facto Officers._—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 alone make a person a _de facto_
officer; but he must also be acting in the particular office to which he
claims to have been elected.(302) But one who has entered into a contract
with the officers of a congregation is estopped from denying their
authority to make such contract.(303)

*166.* _Trustees, Thanks, Charge._—Where trustees have taken care of funds
without charge, the only entry kept being a vote of thanks from time to
time, they could not afterward charge a commission on the moneys handled
by them for such services.(304)

*167.* _Discretion, Excommunication._—A court has no authority to control
the exercise of the judgment or discretion of the officers of a church in
the management of its funds so long as they do not violate its
constitution or by-laws.(305) Excommunication does not always remove an
officer of a church corporation.(306) The legal rights of a bishop in
regard to the temporalities of a church where they are not prescribed by
civil law, must rest, if at all, upon the ecclesiastical law, which must
be determined by evidence.(307)

*168.* _Key, Possession, Right._—Having the key of a church, is prima
facie evidence of possession, but the right of possession is a matter of
proof.(308)

*169.* _Church, Bishop, Debts, Salary of a Priest._—Where a church is not
itself liable because it is not incorporated, the Roman Catholic bishop of
the diocese is not personally liable for moneys borrowed by the pastors of
such church in the name of the church, which were partly invested in real
estate which was put in the bishop’s name in the usual manner, although
the bishop’s permission was necessary before borrowing the money, and
notwithstanding that the bishop raised some of the money to pay some of
the debts and the mortgage on the real estate of the church on his
personal security, and he received part of the borrowed funds from a dying
pastor and handed it over to his successor.(309) Also, a bishop is not
personally liable for the salary of a priest whom he engages. They are
fellow servants working for the Church and not in the relation of employer
and employee any more than are a general and captain in the same
army.(310)

*170.* _Note, Building Committee._—In an action on a note given by the
pastor of a church for money borrowed to pay bills for the erection of the
church building, in which the plaintiff sought to charge the building
committee, and it appeared from the plaintiff’s testimony that the title
to the property was in the bishop and the committee did not handle any of
the funds, but was a shifting body to whom the pastor only went for advice
and consultation, it was held that the plaintiff could not recover.(311)

*171.* _Fraud, Trust._—Where a “prophet” induced members of his
organization, by his fraud and deceit, to convey to him all their property
in discharge of a religious duty and then refused to account to them, the
court declared the trust closed and divided the estate among the members
in proportion to the money, property, and labor contributed by each of
them.(312)

*172.* _Superioress, Money._—A person who contributed money for the
purpose of repairing a convent, the money being turned over to the
superioress and the convent not being incorporated, upon the project being
abandoned subsequently a personal judgment could not be obtained against
the superioress for the money contributed.(313)

*173.* _Loan, Priest._—If a man lends money to a priest for the purpose of
paying a note against the congregation left at the bank for collection, he
can recover the money so paid from the congregation.(314)

*174.* _Warden, Wages, Sexton._—A church warden who was hired by the
trustees of a church can not collect his wages by an action against the
priest of the parish.(315) A church accepting the services of a sexton is
liable to him therefor, whether the by-laws were observed in employing him
or not; nor will the fact that any party (as in this case the Ladies of
the Altar Society) agreed to contribute to his annual salary, defeat his
recovery of the whole from the church employing him.(316)

*175.* _Sewing Circle, Money._—A church may maintain an action against a
sewing circle to require it to pay over money collected for the benefit of
the church.(317)





CHAPTER XIV. MEETINGS


*176.* _Business, Notice, Meeting._—Where, in the transaction of the local
business of a religious society, whether incorporated or not, meetings of
the members shall become necessary, in order to make such meetings legal
due notice thereof should be given to every member. The notice should
specify the exact time and place where the meeting will be held, and no
change can be made except at such time and place. Unless some other place
is specified, the parish church is the proper place for holding meetings.
If the church should be locked and the key can not be found, a meeting
should be held at the door or at the nearest practical place to the church
where all the members may assemble, and then by a majority vote they may
adjourn to any convenient near place accessible to all the members.(318)

*177.* _Acts, Void, Lawful, Clerk._—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 void.(319)
The only lawful manner by which a congregation can express itself, is by a
meeting regularly called and held upon due notice.(320) The notice of a
meeting should be authorized by the trustees or other authority of the
church, and given to all the members. The clerk of the board of trustees,
unless authorized to do so, has no authority to sign the name of the
members of the board to a notice, and a meeting called in that way is
illegal.(321)

*178.* _Special Meeting, Notice._—When a meeting is special, the notice
must state for what purpose the meeting is called. If it fails to do so it
is void, and unless all the members are present and consent to the holding
of the meeting, all business transacted is illegal and void.(322) Notice
of a special meeting that states one specific purpose for which it is
called, and then states “to transact any other business that may legally
come before the meeting,” is not good for any purpose except the one
specified.(323)

*179.* _Meeting, Consent._—A valid meeting can not be held by a
corporation, unless notice has been given in conformity with the laws and
rules and regulations of the corporation or the consent of every person
who is entitled to be present at the holding of such meeting. In the
latter case the consent should be in writing and signed by all the
members.(324) However, a person who attends a meeting and takes part in it
without objection, is estopped from raising the question of notice.(325)

*180.* _Notice, Principal Service, Custom._—When a rule of a church
required notice of a meeting to be given at the principal service, a
notice given at an earlier service only, was void.(326) But where the
ordinances of a church specified that the election of officers should be
at least six days before the end of their term, and it became the custom
of the church to hold the election on a movable holiday which sometimes
was less than six days, the election was held valid.(327)

*181.* _Adjournment._—Where a meeting was noticed for one day and held on
a different day without notice of adjournment, all acts done were void and
the officers elected were neither _de jure_ nor _de facto_ officers.(328)

*182.* _Proof of the Notice._—The proper proof of the notice would be the
return of the officer serving the notice, in some States; and in others an
affidavit of the person who served the notice. The proof of the services
of a summons would be sufficient unless there is some other law or rule to
the contrary.(329)

*183.* _Presiding Officer._—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 over by the proper person, and both elected
officers, the officers elected by the minority were the lawful ones.(330)
However, where a meeting is presided over without objection by a member
instead of the proper officer, the acts of the body are lawful.(331)

*184.* _Voters, Rules._—Unless the laws of the State otherwise provide,
every religious organization has the right to determine who shall vote at
its meetings and elections. If those provisions are reasonable, they are
lawful. Under such provisions it has been repeatedly held that where there
are rules requiring annual subscriptions to the church,(332) only those
who rented and paid for pews, or those who paid a certain annual tax, or
those who went to communion, were entitled to vote.(333) And where there
was no rule, it was held that one who has not contributed to the
church(334) and persons who attended church only occasionally and
contributed only when they attended, were not qualified voters.(335) In
the last case it was stated that a qualified voter is one who has attended
regularly during the year and has contributed to the support of the
church.

*185.* _Quorum, Majority._—A quorum of a congregation usually consists of
those present at a duly called regular meeting, and a majority of those
present is sufficient to carry questions, unless by rule or law otherwise
provided.(336) But where there is a definite body in a corporation which
has established no other rule, a majority of the members of the
corporation constitute a quorum.(337) Where the minutes of the clerk
stated that upon due notice the members of the corporation met, a quorum
is presumed.(338)

*186.* _Votes, Challenge, Inspectors, Casting Vote._—The reception of
illegal votes does not invalidate an election unless they change the
result.(339) If the presiding officer refuses to allow a qualified voter
to vote, the right may be enforced through civil courts.(340) When votes
have been received without challenge, it is then too late to raise the
objection that the persons have no right to vote.(341) It is the duty of
the inspectors to determine the qualifications of an elector at the time
that he offers to vote, and before he votes; and if they decide in the
exercise of their judgment, without malice or improper motives, the
regularity of the election can not be questioned.(342) When a rule allows
the presiding officer to vote and another rule states that he shall have
the casting vote in case of a tie vote, he still had the right to cast the
decisive vote.(343) Illegal voting in a religious society probably is not
an indictable offense, but it is a disorderly act.(344)

*187.* _Written Notice, Prayer Meeting._—Where a five days’ written notice
is required to hold church meetings, an oral notice given on Sunday
evening at the prayer meeting is not sufficient for a meeting on the
following Wednesday. But a vote taken on Sunday to hire the minister and
fix his salary, is not void.(345) Churches and benefit societies, such as
insurance fraternities, being charitable organizations, may do business
concerning such association on Sunday.(346)

*188.* _Expulsion, Damages._—A man who has been wrongfully expelled from a
temperance society for religious reasons may recover damages
therefor.(347)





CHAPTER XV. CHURCH RECORDS


*189.* _Evidence, Entries, Minutes._—The record of the proceedings of a
religious society is evidence as to its doings, both in its own tribunals
and the courts of the State. Such record consists of entries required to
be made by the laws or rules of the society, the laws of the State, and
the minutes adopted by the society. Therefore, it is of the greatest
importance that it be kept with great exactness, omitting nothing that is
important.(348) Also, the minutes of all the meetings should be correct
before being duly adopted. All erasures and interlineations should be
certified by the clerk and then signed by him.

*190.* _Uniformity._—Every entry required to be kept by the laws of the
State as well as the rules of the Church, should be kept as to births,
marriages, and death. Every diocese should have uniform record books in
all parishes and every pastor should keep blanks printed in the form of a
page of the record book, to issue certificates when required.

*191.* _Marriage, Death, Baptism, Birth, Church Records._—The church
records duly kept in accordance with the discipline of the church, are
admissible in evidence to prove marriage, death, and baptism. Where the
record is incomplete, as giving the date of baptism only, it is not
admissible in proof of date of birth. But if it gives the date of birth,
it is _prima facie_ proof thereof.(349)

*192.* _Certified Copies._—Under statutes, certified copies of the record
made by the custodian thereof are admissible in evidence in any case where
the original would be admissible. Also, one who had compared a copy with
the original record may testify to the same. The rule, as given,
substantially prevails under statutes in the following States: Alabama,
Georgia, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maryland,
Minnesota, Missouri, Oklahoma, Pennsylvania, Rhode Island, and Wisconsin;
and also, in Ontario, Manitoba, and the Dominion of Canada.

*193.* _Rule of Admissibility._—A certified copy of the record of a
baptism taken from a church register by the parish priest, when admissible
at the place where such record is kept, as in Ireland, is admissible to
prove the same fact in the State of Missouri.(350)

*194.* _Proper Record._—A book kept by a minister, which contained a
regular statement in proper form of the admission of members, choice of
officers, and transaction of business of the church, which was the only
book kept by the parish, is the proper record of the church.(351)

*195.* _Name, Record._—The author would like to emphasize the importance
of correct records. Frequently we find no Christian name given in the
records of birth, which practically makes the record worthless. When a
child is born it is entitled to a name, immediately, which should be given
and be correct. At least the first Christian name should be correct; a
mistake in a middle name is not material. This is true of deeds and
records of all kinds, but practically of births, deaths, and
marriages.(352)





CHAPTER XVI. CHURCH TRIBUNALS


*196.* _Jurisdiction, Privileges._—It is usual for every fraternity to
have a tribunal of its own for the trial of members who break its laws or
violate its discipline. Within their jurisdiction, the laws of the State
give such tribunals great privileges and courts show them great respect.
The Freemasons, the Knights of Columbus, etc., and most of the churches,
have such courts.(353)

*197.* _Trial, Property, Priest._—In most of the States a court will not
interfere with the fair trial of a church tribunal. Neither will the court
entertain a controversy concerning the title or right of possession of
real or personal property excepting at the instance of some person
claiming a right thereto derived from or recognized by the law of the
State or of the United States.(354) But when the bishop has deprived a
subordinate priest of his authority to officiate as such, he may enjoin
the priest from making use of the church property.(355)

*198.* _Doubt, Legal Rights._—The foregoing rule has some doubt cast on it
in Delaware and Massachusetts. The investigation of a dispute between
members of a church by a committee according to church regulations,
consented to by the parties, in which both take part, can have no effect
on their legal rights. If the State law provides for cases of the kind, it
is superior and must be submitted to. Also, an award or proceeding of a
committee is not evidence for or against either party. However, any
statement made, or admissions of the parties, if not of a recognized
confidential nature, may be given in evidence on the trial in a court of
the State.(356) The judgment of a mutual ecclesiastical council legally
convoked will not bind either party rejecting it.(357)

*199.* _Bishop, Priest, Redress._—When a bishop removes a priest in the
regular way according to the rules and discipline of his church, the
priest has no redress.(358) Also, when a priest has submitted his case to
the church tribunal according to the discipline of his church, he must
abide by its decision, excepting where his civil rights or property rights
as a citizen are involved, when he may appeal to the laws of the
land.(359)

*200.* _Trial, Counsel._—The question whether a minister on trial in a
church tribunal is entitled to be heard by counsel or attorneys depends
upon the laws of the church, and it can not be said as a matter of law
that he is entitled to counsel.(360)

*201.* _Removal, Suspension, Trial._—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 trial; but
he can not be suspended from his priestly functions without specific
accusation and trial.(361)

*202.* _Charges, Fair Trial, Hearsay Evidence._—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 him and
give him an opportunity for a fair trial according to the laws and rules
of the religious society before rendering final judgment. All the
allegations of the complaint should be made upon positive knowledge of the
complainant or upon evidence that is admissible to prove the case in
court. Rumor or gossip, known as mere hearsay evidence, is not sufficient
to base a charge against the character of any one.(362)

*203.* _Trial, Testimony, Slander._—A church judgment, where there has
been a full and fair trial or when members submit to the church tribunal,
and the judgment has only been rebuke, censure, suspension, or
excommunication, is usually upheld by the courts; and when the testimony
given on such trial is concerning immoral or scandalous conduct or crime,
if those taking part act in good faith and within the scope of the
authority of the church, they are protected by law and not liable to an
action for damages for libel or slander.(363)

*204.* _Remedies, Secular Courts._—In cases involving church doctrine and
discipline only, all remedies within the church must be exhausted by a
member before the secular courts will interfere, if they will interfere at
all.(364)

*205.* _Notice, Waiver._—When the laws of the church provide the tribunal
and procedure, if the person proceeded against avoids the service of the
notice or refuses to submit to the court, the notice of trial required to
be served might thereby be considered waived and the tribunal might
proceed with the trial in the absence of the accused.(365)

*206.* _Appeal, Decision, Limitation._—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.

*207.* _Procedure, Judge, Juror, Witness._—If there are no rules of
procedure prescribed by the church tribunal, the proper practice is to
follow the State courts; as, for example, where the State law forbids an
officer of the court who has an interest in the proceeding to sit as judge
or juror, the same would apply to the church tribunal, it being the common
law of the land. Also, in States where a person who is interested in a
matter is not a competent witness, in the absence of a different rule in
the church, the same rule would apply in the church tribunal.(371)

*208.* _Catholic Discipline._—A church member has no right to sue any one
in holy orders in the civil court without leave. That is, a layman or
priest should obtain leave of the bishop to sue a priest. In some
countries it is ground for excommunication to violate the rule. This rule
is analogous to the general rule that a sovereign state can not be sued
without its consent.(372) In this country, where there is no
ecclesiastical court recognized in law, leave is rarely asked.(373)





CHAPTER XVII. STATE COURTS


*209.* _Decision, Ecclesiastical Matter._—The decision of the highest
tribunal of the church on a purely ecclesiastical matter will not be
disturbed by civil courts unless it is in open defiance and express
violation of the constitution of such body.(374)

*210.* _Right of Property, Civil Rights._—Where there are several church
tribunals one above another, when the highest tribunal having jurisdiction
of the case has decided a question as to the right of property, a civil
court will accept such decision of the church tribunal as conclusive.(375)
The courts give way to the usages and regulations of the church so far as
they are not inconsistent with the constitution and laws of the
State.(376) As far as civil rights are concerned, the statute of
limitations may be pleaded even where those rights are founded upon some
law or rule of the denomination.(377)

*211.* _Creed, Factions, Property, Management._—The supreme court
exercises no ecclesiastical jurisdiction, but accepts what the highest
ecclesiastical authority in each church promulgates as the faith and
practice of that church, and will not determine for itself what that faith
or creed is in order to establish the rights of respective factions in the
church to the church property. But a majority of a congregation that
secedes from the church and forms a new organization can not claim any of
the property.(378) The civil courts will not interfere with church
management so far as concerns the spiritual discipline of the members, but
where civil rights of property are involved, the courts may determine
them.(379) The civil rights of a religious society or its members are
within the jurisdiction of the State courts.(380)

*212.* _Trust, Court of Equity._—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)

*213.* _Injunction, Closing Church, Paying Money, Disturbances._—A court
of equity will issue an injunction against the trustees of a church from
wrongfully closing it or keeping it closed even against a small
minority.(382) Church property vested in trustees of a religious body is
held under trust and a court of equity has jurisdiction to enforce the
trust.(383) A court of equity may restrain the trustees of a church from
paying money to a duly deposed minister.(384) But a court of equity will
not interfere to quell religious disturbances when no question as to
property or civil rights is involved. The board of trustees of a church
can not remove a priest against the will of the congregation.(385)

*214.* _Suits, Parties._—Where a number of persons have contributed to the
erection of a church, it is not necessary for all who contribute to join
in an action to restrain a sale of the property for mercantile
purposes.(386) Any member of a church not incorporated may come into a
court of equity in behalf of himself and others and enforce the execution
of a trust in favor of the church.(387) The same rule would apply to a
church where any one in authority is violating the law.(388) If several
congregations of a diocese are interested in litigation, to hold all the
property of the diocese liable for the debt of a parish, each congregation
is entitled to be made a party.(389)

*215.* _Complaint._—A complaint that the plaintiffs hold one doctrinal
standard and the defendants another is sufficiently definite without
explaining the difference between the two.(390)

*216.* _Church Tribunal, Courts._—Courts are reluctant to interfere in the
church doctrine or discipline or inquire into the regularity of the
proceedings of the church tribunal. When such tribunal has deposed a
pastor or expelled a member, it is final. However, in contracts, property
rights, and civil rights of a citizen, the courts take jurisdiction. It is
no defense to a pastor’s expulsion that there is salary due him.(391)

*217.* _Unincorporated Congregation, Actions, Interest._—An unincorporated
congregation may be sued on contract in its associate capacity, though no
persons are named as trustees or committeeman.(392) In all actions by or
against a congregation the civil courts will not permit suits to be
brought by complainants who have no interest either legal or equitable in
the temporalities of the church.(393) A suit against a society of Shakers
consisting of indefinite membership with changing additions, withdrawals,
and deaths, whose property is held in common without any individual
interest, may properly be brought in equity as the remedy at law would be
inadequate.(394)

*218.* _Blasphemy, Sabbath, Lord’s Prayer, Bible._—Christianity is a part
of the common law of the United States; it is on this ground that
blasphemy and violation of the Sabbath are made criminal offenses and that
the Lord’s Prayer and the Bible are used in the schools.(395)





CHAPTER XVIII. EVIDENCE


*219.* _Judicial Notice._—A church takes judicial notice without proof of
its own rules, laws, and doctrines. Every other fact should be proved
according to the rules of evidence of the church, and in the absence of a
church rule the following rules of the courts of this country should
prevail:

1. Nothing should be admitted in evidence unless it directly proves or
disproves an evidentiary fact forming a link of a chain of facts that will
prove a fact in issue.

2. It is sufficient to prove the substance of the issue, unless the exact
word or thing forms the issue.

3. The burden of proof is on the one who asserts the fact, whether it is
stated affirmatively or negatively, and its proof is necessary to his
making a case.

4. The best evidence that the case in its nature affords must be produced.

5. Mere hearsay evidence shall not be allowed, excepting:

(a) Matters of public or general interest.

(b) Declaration against interest.

(c) Dying declarations.

(d) The testimony of witnesses since dead or absent.

(e) Admissions.

(f) Confessions.

*220.* _Competent Witness._—Everybody who has the use of reason and
understands the import of an oath is a competent witness.

*221.* _Confessions, Secret Societies._—At common law, confessions were
admissible; but there is no case in the United States since 1813 where the
court has sent a priest to jail for contempt for refusing to disclose a
confession, and no case in which a priest disclosed a confession.
Immediately after a priest was committed for contempt for refusing to
divulge the secrets of the confessional, in 1813, New York enacted the
following law: “No minister of the gospel, or priest of any denomination
whatsoever, shall be allowed to disclose any confession made to him in his
professional character, in the course of discipline enjoined by the rules
or practice of such denomination.” A similar law has been adopted in the
following States and Territories: Alabama, Arizona, California, Colorado,
Idaho, Iowa, Kansas, Kentucky, Michigan, Missouri, Nebraska, Nevada, North
Dakota, Ohio, New York, Oklahoma, South Dakota, Utah, Washington,
Wisconsin, Wyoming, and Hawaii. The secrets of a secret society are not
privileged, and a member as a witness must answer all relevant questions
in court.(396)

*222.* _Privilege, Answer._—When a question concerning a matter privileged
is put, the priest should say: “I claim my privilege as a clergyman and
ask the court not to require me to answer”; “Whatever he said concerning
the matter, was said to me in the confessional as a priest”; “I talked
with him about the matter only in my professional capacity as a priest and
confessor”; “I did not speak to him about the matter except in my
confidential capacity as priest;” or a similar statement that sets up the
clergyman’s privilege without giving facts. A clergyman should not say:
“He confessed it to me,” or “He told it to me in confession,” or give any
other answer that implies what was said in confession, as jurors are
always watching for a hint of what was said. Neither should the priest
say, “I refuse to answer,” without stating that he refuses because of his
privilege as a clergyman. The trial judge or the attorneys trying the case
may put proper questions to determine whether the information was given
the witness in the confessional or in his capacity as confessor.(397)

*223.* _Admissions, False Statements._—Admissions or statements made to a
clergyman not in his capacity of confidential adviser or in the course of
discipline, are not privileged.(398) Neither are false statements made to
a committee investigating charges; but all statements made to such a
committee or an officer of the church, unless false and made with malice,
are privileged.(399)

*224.* _Anonymous Letter, Clergyman._—Where a priest received an anonymous
letter alleged to have been written by a defendant, which he read to her,
he was not disqualified from testifying that she was excited and that she
stated she had no idea how the fire started, and that the letter was
unknown to her, etc.(400) The mere fact that a communication is made to a
clergyman does not make it privileged. It is privileged only when made in
confidence of the relation and under such circumstances as to imply that
it should forever remain a secret in the breast of the confidential
adviser.(401) When a matter is privileged, it is not left to the witness
whether or not he shall testify concerning it; but he can not testify
without the consent of the other party.(402)

*225.* _Voire Dire._—Where a priest made a preliminary examination of a
woman to ascertain her mental capacity to make a confession, her answers
in such preliminary examination were admissible in a contest on a will;
but her confession was not admissible.(403)

*226.* _England, Confession._—The rule is now accorded priests in England,
but was not formerly. Where a priest turned a watch over to its owner, the
court ordered him, under pain of contempt, to tell where he got the
watch.(404) But in another case it was held that a priest need not divulge
the confession of a defendant who was held for crime.(405)

*227.* _United States, Rules._—In the United States courts, the rule
prevails that such confidential communications to a priest shall not be
divulged.(406)

*228.* _Presumptions, Usage._—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 proof, it will be presumed that subordinate bodies, as congregations,
can not dissolve their connection with the principal organization without
permission.(408)

*229.* _Funeral Expenses._—Witnesses’ opinions as to the reasonable amount
for burial or as to the cost of a funeral being reasonable, are not
binding on a court or jury. The station of a man, the property that he
leaves, the life that he has followed, all should be considered by the
court. The whims and notions of societies and others are of minor
consideration. Those who make funeral expenses that are not allowed by the
court must pay them.(409)





CHAPTER XIX. CONTRACTS


*230.* _Business, Religious Service._—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
contracts in the business world. When the consideration is a religious
service duly performed, there seems to be no objection to it. Therefore, a
minister may collect for preaching a sermon, attending the sick, or saying
prayers, or performing any other religious service. But an incorporated
church has no authority to enter into a contract for an ulterior purpose,
such as the employment of a vessel for the purpose of an excursion.(410)

*231.* _Incorporated Body._—The only way a religious society that is
incorporated can make a contract is by a vote of the aggregate body or of
the board of trustees, or through an agent authorized by a vote of one
body or the other.(411)

*232.* _Mortgage, Deficiency Judgment._—Where a mortgage had been
foreclosed against church property before the congregation was
incorporated, a deficiency judgment can not be rendered against such
church corporation.(412) But where a congregation was incorporated after a
debt had been incurred and took charge of the property, it assumed the
debt.(413)

*233.* _Building Contracts._—The taking part in a meeting by voting and
appointing committees to make contracts will bind those taking part in all
contracts made in accordance with the directions of such meeting. In some
States the individuals are held only to the amount that each subscribes,
but in other States each individual is liable for the entire debt.(414)

*234.* _Individual Promise, Subscriptions, Signature._—An individual
promise to give a donation to charity, can not be enforced.(415) But
subscriptions to build a church or other charitable institution or to pay
the salary of a clergyman when signed by more than one person, have been
held binding in some cases on the disputed rule of a-promise-for-a-promise
consideration.(416) In the foregoing cases the donor might revoke his
subscription or in case of his death his estate would not be liable.(417)
However, when expenses have been made or steps taken in the carrying out
of the object of the subscriptions, the general rule is that the
subscriptions become binding contracts.(418) If the object of the
subscriptions be abandoned or changed without the consent of the
subscriber, he is thereby released. A promissory note given for the
subscription, unless negotiated for value in due course of trade, does not
change the foregoing rules.(419) Where many persons subscribed to build a
church and some of them failed to pay, one who paid brought an action on
behalf of himself and others and collected the unpaid subscriptions.(420)
The defendant Nalty signed “Nalty Family, $1,000,” but he was held
personally liable.(421)

*235.* _Special Purpose, Suit._—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 name of the corporation, if incorporated, and if not
incorporated it should be brought in the name of the interested
party.(422)

*236.* _Promise, Consideration._—A promise made by the owner of land to a
trustee for the benefit of a religious society, that he would convey the
land to such society if it would build a church thereon, is a good and
lawful consideration; and after work was begun on the church, the contract
was enforceable in a court of equity.(423)





CHAPTER XX. PEWS


*237.* _Sold, Rented._—Prior to the Reformation pews were not sold nor
rented and every member had the right to sit wherever he pleased in the
body of the church. After the Reformation, the ordinary or bishop was
granted the right of “faculty” to rent or sell pews.(424)

*238.* _Incorporeal Hereditament._—The English title in a pew is in the
nature of a right of way through another’s land; it is an incorporeal
hereditament. In the absence of express law, the title to pews in this
country is said to be in the nature of real estate, and in fact not very
different from the English title.(425) In some States the title is made
personal property by statute.(426) And in others the courts have inquired
into the law of the church and adjudged the title accordingly.(427) The
general rule is that the owner of a pew simply has an easement.(428)

*239.* _Catholic Church, Pew Rights._—In the Catholic Church, by the canon
law, the ownership in or control over a pew is forbidden to laymen.
Notwithstanding that, if the party holding the title violates the rule of
the church by giving a deed to the pew-holder, the courts would probably
sustain his title.(429) However, as the clergy can neither rent nor sell
pews without becoming subject to the law of the land and the jurisdiction
of our courts, it is important to know what the law of the State is.

*240.* _Land, Use, Rent Pews._—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 laws of the Catholic Church in the parish priest and not in the
trustees afterward elected, as the parish priest was the agent of the
bishop.(430)

*241.* _Trustees, Sale in Perpetuity._—Without authority of law the
trustees of a church can not make an absolute sale in perpetuity of a pew
without any reservation of rent.(431) The sale of a pew in a church will
be determined in a case according to the particular facts.(432)

*242.* _Pew, Right to Occupy, Conditions._—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, although he
may maintain an action in court for protection of his rights.(433) In
Vermont a pewholder has only the right to occupy his seat during religious
services and holds it subject to the superior right of the society owning
the pew.(434) A condition in the deed to a pew that a holder about to
leave the congregation shall offer it to the society for a certain price,
is not invalid.(435) Where a pewholder held his pew by a certain agreement
and after the church had been remodeled he bought a different pew, the
conditions attached to the first pew did not apply to the last.(436) Pews
owned by the occupant pass to the heirs as real estate instead of going to
the executors as personal property in States where the title is in the
nature of the title to real estate.(437)

*243.* _Tax, Assessment._—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 defines and limits such power, is invalid _in toto_.(438) The
right to make an assessment on pews must be founded upon law, else it can
not be enforced.(439) When a congregation sells pews at auction rent free
for the purpose of building a church, it has no power thereafter to assess
the pews for the salary of the minister.(440)

*244.* _Pewholders’ Rights._—A pewholder has the exclusive right to occupy
his pew when the house is used for the purpose for which it was erected;
but he can not convert his pew to other purposes not contemplated.(441) If
he has paid his pew-rent according to agreement, he is entitled to use his
pew on all occasions when the house is occupied, even when it is open for
purposes different from those mentioned in the conveyance thereof; and he
has the right to exclude all others from his pew by fastening the door or
otherwise, and any one who enters his pew knowing the facts, is a
trespasser and liable to an action for damages.(442) The owner of a pew
has no right to put an offensive covering thereon nor use his pew in any
way to the annoyance of the congregation or not in keeping with the place
and conditions. By placing anything offensive about his pew, he may be
liable for maintaining a nuisance, and such offensive thing may be
removed; but, as far as possible, it must be removed without damaging the
pewholder’s property.(443)

*245.* _Rebuilding, Remodeling._—An injunction was granted on the bill of
pewholders, restraining the authorities of the church from pulling it
down, as they were going to use the materials in the erection of a new
church on a different site. On the answer, the injunction was dissolved on
the ground that if the complainants had rights which would be violated,
there was a remedy at law and that the nature and extent of the injury
were not such as called for the interposition of a court of equity by
injunction.(444) Where a parish abandons an old church and builds a new
one it does not become liable to any pewholder for damages by reason
thereof unless it has acted wantonly or intentionally to injure the
pewholder.(445) But when it becomes necessary for the purpose of repairing
or remodeling a church, to destroy old pews, a pew built by a member under
contract with the church can not be removed or destroyed without
compensation.(446) Pew rights are subject to the right of the parish to
pull down and rebuild a church either as a matter of necessity or
expediency, but in the latter case the owner of a pew is entitled to
payment.(447) A pewholder has only the right to occupy his pew during
public worship, and when the church has become so out of repair that it
can not be used for public worship, the owner of a pew can recover only
nominal damages for injuries to his pew.(448)

*246.* _Selling Pew on Execution._—In an action to recover the value of a
pew sold at auction, the merits of the case will be tried according to the
law of the land.(449) It is doubtful whether a pew in a church can be sold
for private debts of the pewholder.(450) It depends somewhat upon the
title and State law of exemptions.(451) To render an attachment of a pew
valid, it is not necessary for the officer to come in sight of the pew or
even to enter the church.(452)

*247.* _Members, Pew._—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
court.(453)

*248.* _Free Church, Seats, Lease._—The trustees of a free church may
assign seats and forcibly remove one from a seat without authority.(454)
Where a pew is real estate, a pewholder may acquire the right to it by
prescription in the usual way.(455) Where pews are not rented and the
members support the church by voluntary subscriptions, they have equal
right to the occupancy of the pews. But where the church builds the pews
and rents them, a man paying rent for a pew holds it under lease in the
nature of a lease to real estate. However, he does not obtain all the
rights of a lessee of land, and in many cases a rule of the church governs
the holding of pews, which will be observed by the State courts.(456)

*249.* _Executors, Pew-Rent._—The executors of a pew owner are not bound
to pay pew-rent accrued after the owner’s death.

*250.* _Voting, Pew-Rent, Arrears._—Where a church is incorporated and by
its charter or the laws of the State it has authority to make reasonable
by-laws, a by-law which prohibits any person from voting whose pew-rent is
in arrears for more than two years, is valid.(457)





CHAPTER XXI. PROPERTY


*251.* _Unincorporated, Trustee._—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
hold property in its assumed name, but it must be held by conveyance in
trust to a trustee named.(459)

*252.* _Charter, By-Laws._—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)

*253.* _Suits, Corporation, Members._—Cases may occur in which the
corporation in its corporate capacity, or the society in its collective
capacity, may be a plaintiff or a defendant in a suit between it and one
or more members of the religious society in their individual capacity or
in their collective capacity, in a quasi-conspiracy or concerning other
torturous acts, or a collective contract.(461)

*254.* _Deed, Court, Title._—A deed made in pursuance of an order of a
court having jurisdiction passes good title.(462)

*255.* _Subscription, Lots._—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)

*256.* _Misnomer, Identity._—The misnomer of a religious society or
corporation will not invalidate a mortgage where the identity of the
society can be clearly shown.(464)

*257.* _Adverse Possession, Color of Title._—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 being twenty
years.(465) Unless the laws of the State require it, color of title at the
time of asserting adverse possession need not be shown.(466)

*258.* _Sale, Restrictions._—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)

*259.* _Deed._—A deed to “The Evangelical Order of Christians” was
sufficiently definite for a valid conveyance.(468)

*260.* _Error._—A clerical error in the name of the grantee will not make
a deed void. However, when such error has been discovered, it should be
corrected.(469)

*261.* _Mortgage, Bishop, Debts._—The archbishop of a church to which
property is bequeathed, can not mortgage it without authority from the
church or under the law.(470) Also, the bishop of a diocese to whom land
had been conveyed in trust for a particular congregation, could not
execute a valid mortgage thereon to secure his own indebtedness.(471) But
a religious society in the absence of prohibitionary legislation, has
power to mortgage its property to secure its debts.(472)

*262.* _Deed, Trust, Fee._—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)

*263.* _Debts, Creditors._—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 claims; and the defect in such mortgage is not cured by a vote at
a subsequent meeting to which the committee made a report of its
action.(474)

*264.* _Mortgage or Sale, Notice, Consent._—Whenever there is to be a
mortgage or sale of the church property, if it is to be done by the
corporation, it must be done strictly in accordance with the charter and
laws of the corporation, and if those do not provide therefor, every
member should receive a reasonable notice to attend a meeting of the
congregation and the question should be submitted to such meeting and a
vote taken thereon. If all the proceedings are regular and the proper
officers (president and secretary) of the corporation be authorized to
make a conveyance, it is good in law.(475) However, if the irregular acts
of officers or members of a congregation are subsequently ratified in a
lawful manner, they become binding.(476) When consent of the court is
required, it must be obtained.(477)

*265.* _Title, Taxes, Judicial Notice._—If the title is in the bishop in
fee in accordance with church law it is not “owned by any religious
association” and is liable for taxes. The laws of the Catholic Church are
not the subject of judicial notice, but must be alleged and proved as any
other fact.(478)

*266.* _Title, Diocese, Rule._—Where the title to the property of the
diocese was in the bishop for the use of the church and subsequently the
diocese was incorporated, the bishop was not divested of title and it was
still necessary to have the property conveyed by deed.(479) In some other
States, however, the contrary rule prevails.(480)

*267.* _Priest, Deed, Funds._—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
court only upon the clearest and most satisfactory evidence.(481)

*268.* _Monks, Missions, Title._—The fact that the monks or priests were
at the head of the missions in California when it was acquired by the
United States, does not prove that the Catholic Church had universal
ownership of the property.(482) The acts of Congress giving the city of
San Antonio authority to sell public lands, was intended, no doubt, to
dispose of mission property, but it was held not to affect the Catholic
Church, the title to which had been confirmed by another act of
Congress.(483)

*269.* _Texan Revolution, Land._—At the time of the Texan Revolution, a
Catholic church held no real estate of perfect title, but enjoyed only the
use of the land that it possessed and continued so to occupy after the
admission of Texas into the Union.(484)

*270.* _Priest, Agent, Deed._—The priest in charge of a congregation is
the agent of the archbishop, and where the title to the real estate is
conveyed by absolute deed to the bishop, the congregation, against the
protest of the priest and without obtaining leave from the bishop, has no
right to tear down a church for the purpose of rebuilding or repairing
it.(485) And a priest in charge of mission property may maintain in his
name an action to recover its possession.(486)

*271.* _Devise, Uncertainty._—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 the proceeds
for the benefit of the Roman Catholic orphans, is void for
uncertainty.(487)

*272.* _Donor, Ambiguous Provision._—The religious convictions of the
donor may be shown for the purpose of construing an ambiguous provision of
a deed or will.(488)

*273.* _Trust, Evidence._—Without any trust being declared in writing,
parol evidence can not be allowed to prove that the Catholic Church and
parsonage is held in trust for the congregation by the bishop of the
diocese, notwithstanding that the moneys for purchasing the lands and
putting up such buildings were collected by subscriptions and
contributions made to the priest in charge under the law, usage, and
polity of the Roman Catholic Church.(489) At common law land may be
granted to pious uses before there is a grantee to take it. In the
meantime, the title is in abeyance.(490) Where the title to parsonage
lands is in the minister as a sole corporation, on his death the title
remains in abeyance until a successor is appointed.(491)

*274.* _Money, Control._—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
keeping. It is subject to the control of the congregation, although the
members of the congregation refused to obey the command of the bishop of
the diocese to consolidate with another church to which the priest was
removed.(492)

*275.* _Church, Building, Removing._—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 removing
it to another place.(493) But a court of equity will not prevent the
removal of a church where a majority of the congregation favors it,
although a legal meeting had not been held to determine the matter.(494)

*276.* _Church, Use, Division._—A church guild that erected a building
adjoining a church for parish purposes, with the assent of the
congregation, can not deny the authority of the church and use the
building for other purposes.(495) But if members are improperly excluded
from the use of the church property they must appeal to the courts for
redress and can not resort to acts of trespass to gain entrance into a
church.(496) A court of equity will compel persons having charge of the
temporalities of a church, whether incorporated or not, to faithfully
perform their trust and to prevent the diversion of the property from its
original purposes. The court will not interfere in strictly religious
matters.(497)

*277.* _Spanish Territory._—When Alabama was a part of Spanish territory,
a deed of land “to His Catholic Majesty for the purpose of building
thereon a parochial church and dwelling-house for the officiating priest,”
the money being paid out of the royal treasury, did not constitute the
King of Spain a trustee for the church or transfer to the church in equity
a title to the lots.(498)

*278.* _Trust, Purposes, Doctrines._—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 degree
notwithstanding some of them may have contributed larger sums than
others.(499) Land conveyed to a church for valuable consideration belongs
to the church, whatever change may take place in its religious doctrines;
and if a minority secedes on the ground that they are the ones who retain
the original tenets of the church, they can not take with them either the
whole or pro rata share of the church property.(500)

*279.* _Control, Revenues._—The trustees of a corporation of a church or
of a religious society have entire control over the revenues of such
body.(501)

*280.* _Leave to Purchase, Title, Canons of the Church._—A congregation
wanted to buy a church and priest’s house, but the archbishop refused
leave to purchase, but granted permission to keep the premises for
religious purposes for a time. The members formed a society and bought and
took title in the name of the “Lithuanian Benefit Society of St. Anthony.”
Then the archbishop wrote them a letter requiring the deed of the premises
to be put in his name, which the congregation refused to do. A part of the
congregation brought a suit in equity to enforce the transfer from the
society to the archbishop. The court held that if the congregation was
under the church and acknowledged its authority, the title must be settled
by the canons of the church; otherwise, the majority of the congregation,
in a duly called meeting, should determine where the title should be
vested.(502)

*281.* _Cemetery, Authority._—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 lots, which become binding on the congregation and all third
persons.(503)

*282.* _Real Estate, Purpose._—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 as a
matter of speculation is _ultra vires_ and void.(504)

*283.* _Limitation, Lands._—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
than one congregation.(505)

*284.* _Conditions, Bequest, Deed, Time._—Where property has been devised
for a particular purpose or on certain conditions attached thereto, the
law may be invoked to protect the fund according to the bequest.(506) And
where a deed contained a clause that the lots should never be sold nor
used in any other way except for the benefit of a specified Protestant
Church, although the deed contained no clause of forfeiture, when the
congregation sold the property the grantor was entitled to have the deed
set aside and the title re-vested in himself.(507) And a grant made upon
condition that a church be erected thereon, prevents the grantee from
conveying it for other purposes without the consent of the grantor or his
heirs.(508) But where a devise was made on condition that a church be
built on the property within three years, the provision being a condition
subsequent, a court has the right to extend the time.(509)

*285.* _Will, Forfeiture._—The provision in a will or deed that land shall
be used for purposes of a certain church, may create a trust for the
benefit of the church only and not a condition the breach of which would
work a forfeiture.(510) When a condition is put in a deed that it shall be
forever used as a burial ground for the interment of bodies, it is
doubtful whether the grantor and grantee together may change the uses of
the property. Therefore, it is important in taking deeds to cemeteries to
have no condition whatever, unless such conditions are desired.(511)

*286.* _Condition, Quit-Claim._—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)

*287.* _Bishop, Trust, Successors._—A deed of land to the bishop of a
church for a Protestant Episcopal church in fee simple, created a trust
and on the death of such bishop the title passed to his successors.(513)
Where a grantee in a deed absolute on its face, is in fact archbishop of
the Roman Catholic Church for his diocese, its canons and decrees
regulating the mode of acquiring and holding church property are competent
evidence to show that the property is so held in trust for purposes for
public worship and other charitable uses. And property so held by a
Catholic bishop in trust for the diocese, or in trust for a congregation,
school, cemetery, or asylum, for the separate use of each, is not
chargeable with any part of the expenses of another one or for improving
the church property generally in the diocese.(514)

*288.* _Trustees, Vacancy._—When land is conveyed to certain persons as
trustees of a church and their successors lawfully appointed, a court of
equity will not step in to fill a vacancy but will leave that to be filled
by the church in accordance with its discipline.(515) But an attempt to
sell real estate of a religious society against the provisions of its
charter, will be prevented by a court of equity.(516)

*289.* _Church, Majority, Change._—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
views to carry the property thus dedicated to a new and different
doctrine.(517)

*290.* _Title, Harmony, Division._—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
principles which were accepted among them before the dispute began, are
the standard for determining which party is right.(518) In other cases the
division of church property, where there is a division of the
congregation, depends upon its particular facts.(519) Where $400 was
bequeathed to a Lutheran congregation in S——, there being at the time of
the making of the will but one Lutheran congregation in the place, but
subsequently a majority of the trustees and members with the pastor left
the church and built a new one, the old church continued vested with the
title to the property and all its funds.(520)

*291.* _Perversion, Misuse, Suit._—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 trust of
a religious nature. In actions in the State court, if the church is not
incorporated, an action should be brought in the names of the members
collectively, and if they are too numerous to be all named, the suit may
be brought in the name of one or more of them for the whole. The same
rules apply to religious societies when sued. However, in some dioceses,
particularly in the Catholic Church, the title to the church property is
in the bishop and he thereby becomes an interested party who must be made
either a plaintiff or a defendant.(521)

*292.* _Rights, Contracts, Torts, Crimes._—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. While
the State courts have no ecclesiastical jurisdiction and can not revise or
question ordinary acts of church discipline, they have the power to
adjudicate conflicting claims of parties to the church property or the use
of it.(522)

*293.* _Cemetery, Assessments._—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
trustees, the pastor and a member of the church corporation were not the
proper parties to bring an action to restrain the State from selling the
lot to pay the assessments for pavement, as they had no legal or equitable
interest for the protection of which they could claim the interposition of
a court of equity.(523)

*294.* _Burned, Revert, Vested._—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
bishop for church uses, vested immediately in him and was not forfeited
because it was not used for church purposes.(525)

*295.* _Abandoned, Revert._—Land granted to trustees and their successors
forever in trust to erect a Methodist church, according to its rules and
discipline, which was used for such church for a long time and then
abandoned and sold to parties who converted it into a blacksmith shop, did
not thereupon revert in the absence of a provision to that effect.(526)

*296.* _Uses and Trusts._—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 prohibit the trusts expressly authorized by the
former.(527)

*297.* _Trust Funds, Account._—Where a member of the church received funds
to invest in his own name for the benefit of the church, he will be
obliged in a court of equity to give full account for the money and its
profits.(528)

*298.* _Fund, Diverted, Split._—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
object.(529) Neither can such a fund be split up when a congregation is
divided, but must be retained as created.(530)

*299.* _Church, Personalty._—A church removed from its foundation and put
on rollers was severed from the realty and became personal property.(531)

*300.* _Lease, Purposes._—A religious literary society and scientific
corporation has power to lease part of a building owned by it for
theatrical and operatic purposes.(532)

*301.* _Salary, Lien, Equity._—The church building and the land on which
it stands have been held subject to the payment of a debt due for the
salary of a pastor of the congregation owning such property.(533) A
contractor is entitled to a lien on the church property for work done on
the building.(534) A person who became liable for the debts of the
congregation incurred in the purchase of church property, obtained relief
in equity by subjecting the church property to a sale.(535)

*302.* _Bankruptcy, Creditors._—There is no provision of law for a church
corporation to make an assignment in bankruptcy. However, the church
corporation may be sued and a receiver appointed to take possession of the
property and sequester the assets.(536) But where assignments in
bankruptcy and a sale and conveyance of church property are lawful, the
church property may be assigned for the benefit of the creditors.(537)

*303.* _Jurisdiction, Process._—In order to obtain jurisdiction where
there are contentions between various persons claiming to be officers, the
only safe rule is to serve the process on all those who are in the offices
or claim the offices upon the occupants of which the papers must be
served.(538)

*304.* _States, Property, Restrictions._—Some States restrict the quantity
and use of property that a religious society or church may hold. Other
States have no restrictions; but nearly all the States have some statutory
law on the subject, which is changed so frequently that it would be
useless to give the provisions of such law in this work.(539)

*305.* _Land, Limitation._—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 $50,000, a receiver was appointed for the Mormon
corporation.(544)

*306.* _Corporations, Bequests._—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
property by devise than a domestic corporation.(545) When the statute
requires a conveyance to specify the purpose for which a religious society
takes land, the failure to so specify renders the deed void.(546) But the
Young Men’s Christian Association was declared not within the limitation
because it was not formed for pecuniary benefit and profit and was not
under the control of any one denomination nor formed for religious
worship.(547)

*307.* _Collateral Attack._—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 individual to make inquiry into excess on the part
of a religious society in its accumulation.(549)





CHAPTER XXII. RELIGIOUS SERVICES


*308.* _Worship, Discipline, Innovations._—The denomination itself,
according to its rules and regulations, determines what services shall
form a part of its public worship. The inferior authority in the church
has no right to violate the discipline by innovations. Whether or not
devotional singing may be accompanied with instrumental music, must be
determined by those who administer the discipline of the church.(550)

*309.* _Doctrines, Temporal Affairs._—The fact that the congregation sells
the pews does not give the owners the right to determine what doctrines
shall be preached in the church, nor who shall preach them.(551) A
majority of a local church can not change the faith of the church against
the protest of the minority.(552) The corporation of the congregation is
governed by the majority only in temporal affairs.(553) However, some of
the Protestant churches are so independent that a vote of the congregation
may transfer them from one denomination to another.(554)

*310.* _Contributions, Presbyterians, Methodists._—Where certain persons
by contributions built a church and the title was taken and held by the
Presbyterians who permitted all other denominations to hold services
therein, all of which was a condition of the subscriptions for
establishing the church, when the Presbyterians sold out to the Methodists
and they held it for their own exclusive use, those who contributed the
money had the right to resort to the court to enforce their rights to
worship in such church.(555)

*311.* _True Religion, Courts._—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 of property or civil rights arises, the court will not
interfere.(556)

*312.* _Heresy, Injunction._—Where a minister did not preach the doctrine
and the entire system of Calvinistic theology received and taught by that
denomination, he had no right to the pulpit of the church, and the court
granted an injunction against his officiating therein.(557)

*313.* _Bequest, Sects, Condition._—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 had no
authority to sell without the consent of the grantor or his heirs; and the
congregation having sold the church property and it having been thereafter
used for a store, the grantor’s heirs had a right of entry for condition
broken.(558)

*314.* _Sexton, Undertaker, Authorities._—The sexton who has charge of the
church property may lawfully remove from the church an undertaker who,
after being warned to desist and leave, persists in conducting the funeral
in violation of rules prescribed by the authorities of the church.(559)





CHAPTER XXIII. BEQUESTS, DEVISES, AND GIFTS


*315.* _Statutes, Wills._—In some States a religious society can not take
under a will, and a bequest of money to a church is void.(560) In
Connecticut any devise to a religious corporation not expressly authorized
by statute, is void.(561) In Maryland leave to devise land to a religious
society must be obtained from the Legislature.(562) In all the States it
is safest to consult and carefully follow the statute in drawing a will.

*316.* _Masses, Alabama._—Formerly as a rule of the English common law, it
was held that bequests and devises for the purpose of having Masses said
for the soul of the deceased, were void as superstitious uses; but under
Article 1 of the Amendments to the United States Constitution, and under
similar provisions in the constitutions of the several States, the English
rule does not prevail in the United States. However, Alabama adopted the
English rule.(563) By reading the foot-note to the Alabama case, it will
be found that a majority of the States hold that such bequests are
lawful.(564) Even in Alabama if the bequest had been to a clergyman or a
certain person and accompanied by a request to say Masses, the court might
have allowed it.(565)

*317.* _Name, Bequest, Corporation._—A mistake in a name does not render a
bequest or a gift void if the person intended can be identified.(566)
Also, a devise may be made to a corporation not yet organized and when it
is organized the gift or devise will vest. During the interim, it will
remain in abeyance.(567)

*318.* _Clergyman, Undue Influence._—A clergyman who is a grantee in a
deed from a parishioner, although deriving no benefit therefrom, has the
burden of showing good faith in the transaction as the law presumes that
he is guilty of undue influence. This presumption is further strengthened
by proof of the enfeebled condition of the grantor by age and illness and
his susceptibleness to influence. Where the property conveyed in trust for
the parish was greatly in excess of its needs, the deed was set
aside.(568)

*319.* _Contest, Secession._—In case of a devise to a church which is
claimed by two societies, it is the duty of the court to decide in favor
of those who adhere to the ecclesiastical government of the church which
was in operation at the time the trust was declared.(569) However, to
maintain such action it must be brought by the proper parties.(570)

*320.* _Bequests, Membership._—Bequests left to individuals on condition
that they shall remain members of a certain church, can be obtained only
by complying with such condition.(571)

*321.* _Conditions, Religious Tenets._—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)

*322.* _Name, Uncertainty._—A bequest to Georgetown University, in the
District of Columbia, which was incorporated under the name of “The
President and Directors of Georgetown College,” is not void for
uncertainty, as the only institution of learning in the District of
Columbia is Georgetown College.(573)

*323.* _Future Uses, Uncertainty._—A devise to a foundling or eleemosynary
institution, whenever the Christians should create one which the trustees
approved, is valid.(574) And a devise to the “First Christian church
erected or to be erected in the village of Telfairville, in Burke county,
or to such persons as may become trustees of the same,” is good as a
charitable bequest.(575) A bequest to a priest to hold in trust and pay
over to the Sisters for the Poor, is valid.(576) A bequest for the care of
a tombstone is valid in some States and not in others without a statutory
provision.(577) A bequest to the bishop “to be by him used for Roman
Catholic charitable institutions in his diocese,” sufficiently describes
the beneficiaries and is good.(578) Also, a bequest to Bishop England “in
trust for the Ladies of the Ursuline Order residing in Charleston in the
State of South Carolina,” was held for “The Ladies of the Ursuline
Community of the city of Charleston.”(579) A bequest for Masses “to a
Roman Catholic priest that shall succeed me in this place,” was held void
for uncertainty.(580) A bequest in trust to a bishop by name to sell and
give the proceeds to a society named, is not a devise to the society, but
to the bishop in trust.(581)

*324.* _Education, Priesthood._—A devise or bequest to a clergyman of
property to be used for the education of poor Catholic boys for the
priesthood, was sustained in court as sufficiently definite for
performance.(582)

*325.* _Charitable Trust, Cy-Pres._—Equity will not allow a charitable
trust to fail for want of a trustee, but will appoint one.(583) The
doctrine of _cy-pres_ as applied to charitable gifts and trusts, is not in
force in Alabama, Connecticut, Delaware, Indiana, Maryland, Iowa, New
York, North Carolina, nor Wisconsin; but seems to prevail in California,
Illinois, Massachusetts, Missouri, Pennsylvania, and Rhode Island.

*326.* _Error, Ambiguity._—Great latitude is allowed in charitable
bequests, devises, and gifts, in proving _aliunde_ the beneficiary
intended where there is error in the name or a latent ambiguity.(584) The
religion of the testator will be considered in proving intention.

*327.* _Dissolution, Resulting Trust._—On dissolution of a religious
society, the money collected or derived from the sale of property goes
back as a resulting trust to the contributors.(585)

*328.* _Charity, Institutions._—To determine what is a charitable trust,
devise, or gift, it is necessary to particularly bear in mind the most
comprehensive definition of charity. Legacies for schools, churches,
libraries, cemeteries, the poor, hospitals, and numerous other
eleemosynary institutions, have been sustained under charitable bequests
when they otherwise would have failed.(586)





CHAPTER XXIV. TAXATION


*329.* _Purposes, Exempt._—Only church property that is actually used for
church or charitable purposes, is exempt from taxation. Property held for
its increase or profit is not exempt.(587) Land bought for a church on
which no work on the church is yet begun, is not exempt from
taxation.(588)

*330.* _Lot Isolated, Not Exempt._—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 build a
church thereon two years later.(589)

*331.* _Bishop’s Residence, Hospital._—Real property the title to which is
in the archbishop in fee in accordance with the discipline of the Catholic
Church, is not owned by a religious association so as to exempt it from
taxation. The records do not show a trust for the diocese nor any other
beneficiary. A court will not take judicial notice of the laws of the
Catholic Church.(590) But property used as a hospital to care for the sick
and wounded of all races and religions indiscriminately, with or without
pay according to the ability of the patient, is a benevolent institution
engaged in a work of charity, and comes under the law of tax
exemption.(591)

*332.* _Parsonage, Rented._—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
prayers of the children before school, a sewing society, and a meeting
place for Sunday-school teachers.(592) However, a house and lot rented and
kept by the minister was exempt from taxation.(593)

*333.* _Masonic Order, Charity, Elks._—A charity which is confined
exclusively to the members of the Masonic Order and their families or to
the widows and children of deceased members or those who are directly or
indirectly connected with the society, is not purely a public charity
within the provisions of the constitution relating to the exemption of
institutions of purely public charity from taxation.(594) And property
held by the Elks for entertainment and to promote social intercourse was
held not exempt.(595)

*334.* _Supporting Church, Mississippi._—In the early ages of the States
several of them had laws for taxing all the property in parishes laid out
by the State for the support of Protestant churches. Gradually these laws
were eliminated and at the present time there is probably no State
excepting Mississippi that uses money for the support of a church. Maine
changed her laws in 1821, and other States followed from time to
time.(596) While those taxes were collected, no land within the parish was
exempt in some States and in others the property of a non-resident was
exempt.(597) In New Hampshire and Pennsylvania, a person could not be
compelled to pay the taxes to a denomination of which he was not a
member.(598)

*335.* _Appropriations, Contracts, Rent._—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 constitutions of
the States. However, many cases arise out of contracts, which border upon
these various rules, and in some States the constitutional provision of
the State is such that the State Legislature may legislate concerning
religions and give certain aid and support thereto. Paying rent to a
congregation for a school-room is not an appropriation or aid to a church
contrary to the constitution.(599)





CHAPTER XXV. ELEEMOSYNARY INSTITUTIONS


*336.* _Poor, Institutions, Negligence._—As hospitals, homes for the poor,
and other eleemosynary institutions are supported by money given to
charity, it would be a diversion of the trust funds if such institutions
could be compelled to pay damages for negligence causing personal injury
or death. The general rule is that the person causing the injury may be
liable, but not the institution.(600) However, a charitable institution
has been held liable for negligence of its manager to notify a nurse of
the contagious nature of a case assigned to her.(601)

*337.* _Surgeon, Gratuitous Services._—A charitable medical institution is
not liable for the negligence of its surgeon in operating upon a patient
gratuitously where such institution exercises due care in employing a
surgeon deemed competent. The fact that besides such gratuitous services,
medicine is taught therein for tuition fees and patients who are able to
pay are charged a small fee for room, board, nursing, etc., but no fee
from the patient to the doctor, does not change it from a charitable
institution.(602) However, a hospital that is an adjunct to a medical
school is liable.(603)

*338.* _Charitable Institution._—An institution that limits its
benefactions to the members of a particular denomination is, in the
absence of a statute to the contrary, a charitable institution.(604) This
rule has exceptions.(605)

*339.* _Charter, Real Estate._—The trustees of a religious, literary, or
other benevolent society, can not, irrespective of the powers granted by
its charter, purchase and hold real estate under trusts of their own
creation which will protect their property from creditors.(606)

*340.* _Mortmain, Title, Trust._—The statute of mortmain was never in
force in Pennsylvania, so a religious corporation can hold the legal title
to land in trust for the heir-at-law of a testator who has devised it to
the corporation in trust for uses that were void under the English
law.(607) The only States that have statutes of mortmain are Mississippi
and North Carolina. Yet in those States the statutes are somewhat
different from the law of England.

*341.* _Public Institutions, Support._—Benevolent and charitable
institutions under a church are not public institutions, and moneys can
not be appropriated for their support.(608)

*342.* _Nuns, Vows, Property._—When joining a society of nuns, one of the
vows taken was that all property should be held in common and whatever
property was received after taking the vows should belong to the society.
A person who left the order was not concluded from making claim for her
property.(609)





CHAPTER XXVI. SCHOOLS


*343.* _Parent, Education, State, Parochial Schools._—The right of the
parent to use judgment as to the proper necessaries of his child,
including board, lodging, and education, is generally conceded. However,
there must be no abuse of these parental rights, as the child also has
rights that even a parent can not infringe. Therefore, the State may
require a reasonable opportunity for the education of every child; and if
the parent can not give it on account of his poverty, it is in the power
of the State to take his child in charge and furnish him an education. The
right of the State to make laws requiring a parent to send his child to
school between certain ages, as from four to twenty-one years, is well
settled. The question of the parent’s being obliged to send his child to
the public schools or being forbidden to send his child to a private or
parochial school, is not settled in some States; but it is being settled
in favor of the parent. The Kentucky constitution contains this provision:
“... nor shall any man be compelled to send his child to any school to
which he may be conscientiously opposed.”(610) The right of the State to
supervise or inspect private and parochial schools under the police power
of the State can not be questioned.(611)

*344.* _Orphan Asylums, School Moneys._—In 1850 the New York Legislature
enacted a law as follows: “The schools of the several incorporated orphan
asylums within the State other than those in the city of New York, shall
participate in the distribution of the school moneys in the same manner
and to the same extent in proportion to the number of children educated
therein, as the common schools in their respective cities and districts.”
The court ruled that moneys devoted by the constitution to the State for
the support of common schools could not be distributed under the act, for
the reason that such asylums are not public schools; but moneys from other
sources might be paid for the education of such orphan children in
proportion to their number to those educated in the common schools of
their respective cities and districts.(612) The schools kept by the Roman
Catholic Orphan Asylum Society of the city of Brooklyn, are not common
schools within the meaning of the constitution, and a provision of law
that such schools should share in the distribution of school moneys raised
by the State was void.(613)

*345.* _Contract, Direct Payment, Lease._—No school of any denomination or
sect is entitled to public moneys for its support, either by contract for
the education of students therein or by direct payment from the
government.(614) A school conducted by the Catholic Church in which
religious instruction is given to Catholic children is a sectarian
institution within the constitutional provision against using public funds
for sectarian purposes; but public school money expended for such a school
conducted by this school district could not be recovered by suit against
the school officers.(615) Also, a school maintained as a charity under
direction of trustees elected by the town where they must be of a certain
religion, is not entitled to public moneys.(616) But the lease of a part
of a parochial school building or the basement of a church for public
school purposed does not violate the law.(617) In the States of Maine,
Iowa, Massachusetts, Illinois, Ohio, Kansas, and Texas, the reading of the
King James Bible and the singing of hymns and saying prayers have been
held not sectarian.(618) But in Wisconsin, the court ruled the other
way.(619)

*346.* _Teacher, Lord’s Prayer, Exercise._—“A public school teacher, who,
for the purpose of quieting the pupils and preparing them for their
regular studies, repeats the Lord’s Prayer and the Twenty-second Psalm as
a morning exercise, without comment or remark, in which none of the pupils
are required to participate, is not conducting a form of religious worship
or giving sectarian or religious instruction.”(620) Substantially the same
rule applies in Pennsylvania.(621) However, similar religious exercises
conducted by Catholic teachers have generally been held sectarian and not
permissible in public schools.(622)

*347.* _Ohio, Directors, Bible._—The constitution of the State of Ohio
does not enjoin nor require religious instruction or the reading of
religious books in the public schools. The board of directors of a
district has charge of the instruction and books to be used therein, and
their official discretion will not be interfered with. Therefore, they
were authorized to have the Bible read at the opening of the school.(623)

*348.* _Public School, Bible, Prayer._—The committee having control of a
public school may make a rule requiring the school to be opened by reading
from the Bible and prayer every morning, and that each child shall bow the
head during such prayers; that any scholar shall be excused from bowing
the head whose parents request it; and when any scholar refuses to obey
such rule and his parents refuse to request that he shall be excused, the
committee may exclude such scholar from the school.(624)

*349.* _Text-Books, State._—The State has the power to grant authority to
the State Board of Education to select and prescribe text-books to be used
in the public schools of the State.(625)

*350.* _Bible, Conscience, Constitution._—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 held that a
rule requiring every scholar to read a particular version of the Bible,
though it may be against the conscience of some to do so, does not violate
the letter or spirit of the constitution.(626)

*351.* _Schoolhouse, Sunday-School Purposes._—The inhabitants of a school
district have no right to use the schoolhouse for religious meeting on
Sunday against the objection of any taxpayer in the district,
notwithstanding that the officers of the district granted such right. A
taxpayer may obtain an injunction against such use, although the injury to
him be very slight, as he has no other remedy.(627) A district school
board can not authorize the use of the schoolhouse for any other than
school purposes.(628)

*352.* _Child, Immoral Character._—The school committee in order to
maintain purity and discipline, may exclude therefrom a child whom they
deem to be of licentious or immoral character, although such character is
not manifested in acts of licentiousness or immorality within the
school.(629)

*353.* _Parents, Studies, Teacher._—The requirement of a teacher that a
scholar in grammar shall write English composition is a reasonable one,
and refusal to comply therewith in the absence of a request from his
parents that he be excused therefrom, will justify the expulsion of a
scholar from school.(630) But when a parent selects certain studies that
the law provides to be taught for his child to study, the teacher has no
right to insist that the child shall take some other study and inflict
punishment to enforce obedience.(631)

*354.* _Chastisement, Cruel._—The chastisement of a scholar by the
schoolmaster must not be excessive or cruel, but it should be reasonably
proportioned to the offense and within the bounds of moderation.(632)

*355.* _Schoolmaster, Authority._—Although a schoolmaster has in general
no right to punish a pupil for misconduct after the dismissal of the
school for the day and the return of the pupil to his home, yet he may on
the pupil’s return to school punish him for any misbehavior, though
committed out of school, which has a direct and immediate tendency to
injure the school and to subvert the master’s authority. The fact that the
master acted in good faith will not excuse him from damages for the
punishment of a scholar where the punishment is clearly excessive and
unnecessary. However, where there is a reasonable doubt the master should
have the benefit of it.(633)

*356.* _Force, Assistance._—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 assistance such aid from another person as may be necessary to
remove the scholar. The same rule would apply to any one who is not a
scholar and intrudes upon the school.(634)

*357.* _White, Unmarried._—Before the adoption of the fourteenth amendment
it was necessary in most States that in addition to the child being under
twenty-one years of age, he must be of white blood and unmarried.(635) In
Ohio, negroes, Indians, and children of less than half white blood, were
not entitled to the benefit of the school fund; and even where this would
entirely exclude from school children not sufficient to form a district,
still it was held that such children could not attend the white
school.(636)

*358.* _Facilities, the Constitution._—So long as abundant facilities are
given for the education of all the children of a district, it is not a
violation of the constitution of the United States to keep negro and white
people separated. The same rule applies to courts.(637)

*359.* _Residents, Public Schools._—Children in a German Protestant orphan
asylum are not “children, wards, or apprentices of actual residents” in
the district of the asylum, and therefore are not entitled to enter the
public schools of the district.(638)

*360.* _Board, Majority._—Two of the three members of a school board have
no authority to act by themselves, and their individual agreement to
dismiss a teacher is void. A school board can only act at a duly called
meeting of the board, and then the majority vote duly taken decides.(639)





CHAPTER XXVII. PARENT AND CHILD


*361.* _Custody, Maternal Relatives, Father._—A parent is entitled to the
care and custody of his child if he is competent to transact his own
business and not otherwise unsuitable. And the mere fact that the maternal
relatives who have had the care of the child from its birth have become
attached to it and desire to continue to care for it and are able to
secure it better advantages than its parent, does not render the parent
unsuitable to have its care and custody within the meaning of the statute.
Also, the want of a sympathetic nature or cold reserve in a parent or the
fact that he is away on business a great deal of the time, is not
sufficient to render him unsuitable. But the right of the father may be
lost or forfeited by his ill-conduct, gross ill-treatment, cruelty, or
abandonment, or when his conduct and life are such as are injurious to the
morals and interest of his child. When the father dies or forfeits his
right for reasons already given, the mother, if alive, succeeds to all
those rights, subject, however, to the same conditions as the father. And
in the case of a child of tender years, the good of the child has to be
regarded as the predominant consideration.(640)

*362.* _Mother, Illegitimate, Father._—The mother has a right to the care
and custody of her illegitimate child to the same extent that a parent has
to his legitimate child.(641) The putative father on the mother’s death
succeeds to the mother’s rights as against the maternal relatives and may
secure the custody of the child by _habeas corpus_. This rule is different
from the one that prevailed in the Roman law.(642) However, when the
father has given bond for the care, support, and education of an
illegitimate child, his right to the custody of the child may be
superior.(643)

*363.* _Legitimatized._—And when under a statute a child is legitimatized
by acknowledgment or subsequent marriage, the father has the better right
to its custody.(644) Usually there are many provisions in the statutes of
the various States which substantially provide for the rights, relative
and otherwise, of the parents and child in such cases.

*364.* _Punishment, Instrument, Murder._—A parent or a person _in foro
domestico_ or _in loco parentis_ may give reasonable corrective punishment
with a fit instrument to a child. But if a parent or master whips a child
so that it dies, he is guilty of manslaughter. And if he uses lethal
instruments of punishment, he is guilty of murder.(645) Where a mother in
anger threw a poker at one child and hit and killed another child, she was
guilty of manslaughter.(646) The punishment always becomes unlawful when
it is excessive, and drunkenness is no excuse.(647)

*365.* _Guardian, Religion, Courts._—In England where a child was taken
from the testamentary guardian, who after the death of the testator
changed her religion from a Protestant to a Catholic, it was held thereby
to be incompetent to continue as guardian.(648) And in New York it was
held that where the father and mother were Catholics, the guardian must
endeavor to bring the children up in that faith, as a guardian will not be
permitted to proselyte wards.(649) But where a father who was a Catholic
allowed his child to be brought up by a maternal aunt who was a
Protestant, until the child was fourteen years of age, the father was not
then entitled to the child’s custody for the purpose of having it
instructed in his own faith.(650) Courts will not interfere with the
religion of a child, but will allow it to be brought up in the religion of
its parents; however, the best interests of the child will be considered
by the court without conceding everything else to its religion.(651)

*366.* _Convent, Consent._—A daughter under age who entered a convent to
become a nun without the consent of her mother, may, on a writ of _habeas
corpus_ on the petition of her mother, be required to leave the convent
and return to her home.(652)

*367.* _Adoption, Rights, Duties._—Persons of suitable age and
circumstances to enter the marital relations, may adopt a child. When a
married couple do not unite in adopting a child, the consent of the
non-adopting spouse must be obtained. Also, if the child’s parents are
living, their consent is necessary unless they have lost their paternal
rights by abandonment or divorce. The decree of adoption may be set aside
for good cause. The adopted parent has all the rights over and duties
toward the person of the adopted child that a natural parent has,
including necessaries and religious training. Usually the child inherits
from the adopted parents, but the adopted parents do not inherit from the
child. The statutes on adoption are not the same in the several States,
but they cover the subject and must be strictly followed.(653)

*368.* _Infancy, Manumission, Marriage._—At common law a person is an
infant until he is twenty-one years of age. Statutes have modified that
rule so that girls in some States, and both girls and boys in others, may
contract marriage at an earlier age without the parental consent.
Generally, an infant can not contract marriage without the consent of the
living parent or guardian unless the child has been manumitted. Where the
boy was under the age of consent, but he falsely told the priest that he
was of full age, his father had the marriage annulled.(654)





CHAPTER XXVIII. HUSBAND AND WIFE


*369.* _Custody, Father._—A husband is entitled to the custody of his wife
against her father, and where a son-in-law killed his father-in-law in
resisting the latter from taking his daughter out of his (the
son-in-law’s) house, the court held that it could not be more than
manslaughter; and if it were necessary to kill to protect and maintain his
wife, the defendant was not guilty.(655) But for good cause and without
malice a parent may advise his child to leave spouse.(656)

*370.* _Corrective Authority, Services, Domicile._—In America a husband
gains no right to corrective authority over his wife. He can neither whip
her nor use abusive language to her. The same rule applies to the wife, as
they stand equal before the law.(657) However, a husband is entitled to
all the services of his wife and a promise to pay her extra for housework
can not be enforced.(658) Also, the husband has the right to determine
their place of domicile, and if the wife unreasonably refuses to accompany
her husband, it is desertion, for which he may obtain a divorce.(659)





CHAPTER XXIX. INDIANS


*371.* _Indians, Citizens, Wards._—There are a great number of statutory
provisions concerning Indians, both in the United States statutes and in
the statutes of the several States, most of which are not of great
importance at the present time, as the Indians are confined to a few
States. When they become citizens of the State in which they reside, their
status is the same as other citizens; but so long as they remain in their
tribal relations they are taken care of as wards of the Union.

*372.* _Schools, Cemeteries, Churches._—In Oklahoma there are schools
provided for them. When a tribe cedes 160 acres to the United States, it
will give it a school for ten years, and as much longer as it deems
necessary. Also, the Indians may have their own cemeteries, schools, and
churches, where the Indians belong to the tribes, and they are allowed
lands therefor.(660) In other States, under the general law, the money of
Indian minors may be held in the treasury by the Secretary of the Interior
and paid to parents and guardians in such sums and at such times as the
Secretary in his discretion may determine.(661) There is no doubt that out
of those moneys, parents might pay for their children at private
schools.(662)

*373.* _Inspectors, Duties._—Under the United States laws, inspectors are
appointed to visit Indian agencies and investigate all matters concerning
them and to examine all contracts and accounts with the Indians and make
report thereon to the Secretary of the Interior. The contracts for support
of religion, schools, and charitable institutions, come under their
duties.(663)

*374.* _President, Trades._—The President may cause Indians to be
instructed in trades and agriculture and have them taught the elementary
branches.(664)

*375.* _Commissioner, School, Rations, Bible, Sectarian._—Another officer
of great importance is the Commissioner of Indian Affairs, who has most to
do with the education and schools of the Indians.(665) He may require
parents and guardians to send children to school and withhold rations from
them for failure so to do. Also, there is a fund under the control of the
United States as trustee, with which he may make contracts for the
education of Indian children at private schools.(666) However, the
jurisdiction of the commissioner over Indian children does not extend to
those off the reservation.(667) Among other provisions of the United
States statutes is the following: “The Christian Bible may be taught in
the native language of the Indians if in the judgment of the persons in
charge of the school it may be deemed conducive to the moral welfare and
instruction of the pupils in such schools.”(668) The Bible continues its
position among the Indians, but appropriations for the Church are cut off
by the following provision: “It is hereby declared to be the settled
policy of the government to hereafter make no appropriations whatever for
education in any sectarian school.”(669)





CHAPTER XXX. JUVENILE COURTS


*376.* _Reformatories, Object, Liberty._—During the past few years
juvenile courts have been created for the purpose of committing children
to reformatories. The proceedings are not criminal actions, but of an
equitable nature.(670) However, as the object is to deprive the child of
its liberty, the statute must be strictly construed and followed.(671) An
infant can not waive a right.(672) If a child has been wrongfully
committed or is wrongfully detained, the proper remedy for his discharge
is a writ of _habeas corpus_.(673)





CHAPTER XXXI. LIBEL AND SLANDER


*377.* _Confidential, Tribunal, Malice._—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 the church,
if not made with malice, are privileged, and no action for libel or
slander can be maintained therefor.(674)

*378.* _Member, Officer, Councils._—But slanderous or libelous statements
made concerning a person not a member of the church or made concerning a
member of the church to another member who is not either an officer or in
the councils of the church, are actionable and the person making or
publishing such statements is liable for damages. Also, a person who
repeats a libel or slander may be liable as though he were the
originator.(675)

*379.* _Official Communication, Privileged._—An official communication
between authorities of the church or an authority and a member of the
church concerning a church matter or church members and not made in
malice, is privileged.(676)

*380.* _Priest, Pastoral Duties._—Where a priest published from the altar
that “Peter Servatius is excommunicated, because he laid hands on the
priest to put him out of the church, and he has no more benefit of the
prayers of the church. I will not pray for him, and consider him a lost
sheep and withdraw all my pastoral blessings from him. If he die, the
burial rights of the church will be denied him,” such remarks were held
defamatory, unless they were spoken in the proper discharge of the
priest’s clerical and pastoral duties and without malice; and the case
should have been submitted on the evidence to a jury.(677)

*381.* _Church Record, Excommunication._—An entry of a church record that
“A report raised and circulated by A. B. against Brother C., stating that
he made him pay a note twice, and proved by A. B. as false,” is
libelous.(678) But an entry of excommunication of a member made in the
record and shown to other members, is not libelous, the latter being
properly a part of the record and the former extraneous.(679)

*382.* _Will, Libel, Action._—The will of a priest contained a statement
that a relative had received $300 from him for clothing, maintenance,
education, etc., and promised to repay it, but paid no part of it. Then
testator bequeathed said $300 to two legatees to collect for their own
use. The relative filed a petition asking the estate of the priest to be
held liable for a libel in the sum of $50,000 and the court held that as
the right of action did not accrue until after the death of the testator,
there was a right of action against the estate. As the case never got
beyond the probate court, its authority is doubtful.(680)

*383.* _Language, Insane, Good Faith._—Unless the language is used by the
bishop in the line of his duty, a statement that a priest is irresponsible
and insane, that he was removed from his position of priest for good
reason, and that he has been guilty of ecclesiastical disobedience, is
slanderous _per se_. To make a communication between a bishop and priest
privileged it must have been spoken in good faith and in belief that the
speaking of it came within the discharge of the bishop’s duty.(681)

*384.* _Rector, Bigamy, Tobacco, Liquor._—In a case where the rector of an
Episcopal church called upon a man charged with bigamy and after a private
conversation the minister wrote a letter to the district attorney on
behalf of the prisoner, it was held not privileged because it was not made
in confidence of the relation and was not kept as a secret.(682) A letter
from a church member of one congregation to the elders of another
congregation advising them of the unfitness of a clergyman appointed to
the latter parish, and stating that he used tobacco and liquor, that he
was an untruthful man, and that his family was no credit to the community,
was quasi-privileged; and in the absence of proof that the charges were
false and malicious was not actionable.(683)

*385.* _Newspapers, Criticisms, Priest._—A newspaper has a right to
publish criticisms of the conduct of a priest in certain services held in
his church if no false statement of facts is given, since such conduct is
a proper subject of discussion; and if such article contains a statement
that if certain published accounts of the conduct of the priest are true
he acted in an improper manner, etc., it is not libelous because such
facts are not true, as it is not an affirmation of the truth thereof.
Where the alleged libel was published in a foreign language and the
correctness of the translation was disputed, it was an error for the judge
to instruct the jury that if the translation introduced in evidence was
correct, the defendant was liable, since plaintiff’s right to recover
should not be made to depend on the absolute accuracy of the
translation.(684)

*386.* _Clergyman, Discipline, Tribunals, Testimony, Argument._—What a
clergyman says in the administration of the discipline of the church or
what is said in tribunals to enforce discipline of the church, including
testimony and legitimate argument within the scope of the case, if said in
good faith and without malice, is not actionable in the civil courts.(685)

*387.* _Physical Discipline, Imprisonment, Courts._—A clergyman who claims
to have been slandered by a parishioner can not administer physical
discipline nor put the offender under restraint without leaving himself
liable for damages for assault and battery or false imprisonment. If the
clergyman desires to treat the charge as a church matter, he must go into
the church tribunal; otherwise, his proper course is to bring an action
for slander in the State court.(686)

*388.* _Sermon, False Statement, Crime._—A clergyman may, by words used in
a sermon, slander a member of his congregation. However, if he makes no
false statement and does not falsely or maliciously charge a crime, what
he says in the way of discipline is privileged.(687) The meaning of the
words “she is a dirty, vile woman,” can not be extended by innuendo.(688)

*389.* _Charges, Robbed, Hypocrite._—Charges that a person has robbed a
church or has stolen from a church, are actionable.(689) Also, charging a
person with being a hypocrite and using the cloak of religion for unworthy
purposes, is slanderous.(690)

*390.* _Investigation, Probable Cause._—When a member of a church consents
to an investigation on complaint before a person who is not a member, if
the complaint was made on probable cause and not under the pretence of
exposing the defendant to scorn or obloquy, he could not subsequently
bring an action for libel.(691)

*391.* _Sacraments._—To publish of a person that he has been deprived of
the sacraments of the church to which he belongs, is libelous.(692)

*392.* _Obituary, Tolling Bell._—To falsely and maliciously publish an
obituary notice of a person living, is good ground for an action for
libel.(693) However, a complaint that a church tolled its bell to announce
the death of a member, and did report him dead when he was actually
living, and that it was all done for the purpose of annoying, harassing,
and vexing the person and his family, was held not sufficient to support
an action for libel. The latter case is doubtful law.(694)

*393.* _Newspaper, Profane Swearer._—A newspaper in a notice of the death
of a church member has the right to state that he was a profane swearer,
if such was the case.(695)

*394.* _Business or Property, Special Damages._—A company incorporated for
the purpose of transacting business which would include hospitals,
schools, and industrial institutions, may maintain an action for libel the
same as an individual for any words affecting its business or property, if
special damages are alleged and proved.(696)

*395.* _Justification, Repeating._—It is no justification that libelous
matter had been previously published by a third person, that the name of
such person was disclosed at the time of repeating the libel, and that the
person who was repeating it believed all the statements in the libel to be
true.(697)





CHAPTER XXXII. CRIMES


*396.* _Sins, Crimes, Discipline._—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 administration
of the criminal law of the State. Therefore, a member may be arrested and
tried for any offense before or after the ecclesiastical tribunal has
taken action in the matter. But there are certain crimes of a religious
nature of which the civil law assumes jurisdiction and punishes, such as
blasphemy,(698) disturbing religious meetings,(699) etc. Most of those
laws are statutory and depend wholly upon the statute of the State where
the crime is committed.

*397.* _Profane Language, Smoking, Disturbance._—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 the church so
as to disturb the services, are violations of the law.(703) A father’s
taking his child out of the church with violence is a disturbance of the
meeting.(704) The disturbance of any member of the congregation assembled
for religious worship is a violation of law.(705) A sentence of $100 fine
or one year’s imprisonment in the penitentiary, is not excessive or cruel
or unusual punishment on conviction for disturbing a meeting.(706)

*398.* _Sunday-School, Church._—An ordinary Sunday-school where the Bible
and religious precepts are taught, is a church within the law.(707)

*399.* _Private School._—A person may be punished under the statute for
wilfully disturbing a private school kept in a district schoolhouse for
instruction in the art of writing.(708)

*400.* _Disturbing a Religious Meeting._—Under a statute against
disturbing a religious meeting, it has been held that it should define
what disturbance is punishable.(709) Also, mere want of attention or
observance of ceremonies, as standing or kneeling at times, is not a
violation of the law.(710) Neither is singing out of time, unless done
purposely,(711) nor performing a proper duty, such as objecting to a
silenced clergyman’s conducting the services.(712)

*401.* _Common Law, Offense, Statutory Law._—If there is no statutory
provision, in those States where the common law prevailed before the
admission of the State to the Union the offense is punishable under the
common law.(713) And even in States where there is a statutory law on the
subject, a person may be convicted at common law.(714)

*402.* _Services, Violation, Time._—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
congregation is assembled, and at any time when any part of the
congregation is assembled for religious services or business.(715)

*403.* _Force, Priest, Preserve Order._—A congregation may use sufficient
force to remove a disturber.(716) A Catholic priest who is the conductor
of religious services and master of ceremonies within his church has the
right to preserve order and to remove by force, if necessary, any person
who disturbs his services.(717)

*404.* _Interrupt, Liquors, Traffic._—There are statutes in most of the
States making it a penal offense to interrupt or molest any assembly or
meeting of the people for religious worship, or to sell intoxicating
liquors or other articles of traffic within a certain distance of any
camp-meeting or other religious assembly, except at a place of business
regularly established prior to such meeting or assembly and not with
intent of evading the provisions of the law.(718)

*405.* _Theory, Blasphemy, Crime._—On the theory that the United States is
a Christian nation, blasphemy is held to be a crime.(719) Infidels
naturally claim that it interferes with their rights. However, there is no
more interference with the private rights of the infidel than there is
with the private right of the Mormon who is forbidden to violate the laws
of the country by having a plurality of wives; and it has been held that
any words importing imprecation for divine vengeance may constitute
profane cursing or blasphemy.(720)

*406.* _Religion, God, Ridicule, Virgin._—Words vilifying the Christian
religion,(721) denying God or the final judgment,(722) and profane
ridicule of the Holy Scriptures or of Christ,(723) are usually punishable.
Also, the use of vile words applied to the Virgin Mary is blasphemy.(724)

*407.* _Profanity, Proof, Excuse._—The profanity must be in the hearing of
some person.(725) Every time a person profanely swears by taking the name
of God in vain is a separate offense.(726) The prisoner’s confession is
sufficient proof; otherwise the prosecution must show that the offense was
committed and some one heard the words.

Drunkenness is no excuse.(727) Punishment by fine or imprisonment is not
in violation of the constitution of the State or of the United
States.(728)

*408.* _Sunday, Business, Fishing._—The offenses against the Sunday law
are so numerous that it would be almost impossible to review them within
the limits of this work. Of course, the carrying on of a man’s ordinary
business is a violation of the Sabbath laws. But in some States selling
cigars,(729) a butcher selling meat,(730) and even selling soda
water,(731) and ice cream,(732) as well as fishing, traveling, driving,
using a slot machine,(733) and almost every other imaginable act excepting
going to church, has at some time and in some State been declared a
violation of the law, and a penalty imposed therefor.

In California,(734) Tennessee,(735) and Washington,(736) men may be shaved
on Sunday. In some other States it has been held that running a barber
shop on Sunday is a violation of the law.(737)

*409.* _Charity, Necessity, Benefit, Pleasure._—However, doing works of
charity and works of necessity usually are exempt. What is a work of
necessity is a question of law. Charity includes whatever proceeds from
the sense of moral duty or a feeling of kindness and humanity, and is
intended wholly for the purpose of the relief or comfort of another, and
not for one’s benefit or pleasure.(738)

*410.* _Contracts, Marriage, Notice._—The common law made no distinction
between Sunday and any other day as to making contracts, but it prohibited
holding court. In this country the statutory law invariably prohibits any
but works of necessity or charity to be done on Sunday. But marriage
settlements,(739) publication of statutory notices on Sunday,(740) and
promises to marry, have been held legal.(741)

*411.* _Funeral, Physician, Subscriptions._—To attend a funeral, to employ
an undertaker, or a physician, on Sunday, has been tested in the courts,
and finally decided to be works of necessity or charity and not a
violation of the Sunday law. Also, subscriptions made for church purposes
and in works of charity on Sunday have been held legal and binding.(742)

*412.* _Jews, Seventh-Day Observers._—In several of the States it has been
held that Jews and Seventh-Day observers of the Sabbath must obey the
Sunday law.(743) However, in many States there is a statute expressly
exempting people who keep the seventh day of the week; but still they
sometimes have a provision, unless “he shall wilfully disturb thereby some
other person or some religious assembly on said day.”

*413.* _Societies, Secular Work._—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,
secular work that does not come strictly under the functions of such
societies would be unlawful.(744)

*414.* _Sunday, Begins, Ends._—Usually people believe they know what the
word Sunday means, when it begins, and when it ends. Christianity usually
recognizes the time from midnight to midnight as Sunday, and that is the
usual time recognized by law.(745) But the solar day only,(746) or from
midnight to sunset,(747) give us a variety which may not be complete.
Also, we have the further anomaly of a note made at 2 o’clock on Saturday
night, being held valid.(748)

*415.* _Religious Liberty, Law._—The constitutional guarantee of religious
liberty is not violated by enforcing the Sunday law.(749)

*416.* _Necessaries, Doctor._—As a parent or husband is obliged to furnish
necessaries for his children and wife, when medical treatment becomes
necessary, he is liable for manslaughter for failure to do his duty, even
in case of religious disbelief in the efficacy of medicine. Courts are not
inclined to make any distinction as to religious belief, and the
prevailing rule in this country is that the parent is liable if he
negligently allows his child to die when it might have been saved by the
services of a doctor.(750)

*417.* _Christian Healer, Consent._—A Christian healer can not be held
liable except under a State law. One who consents to treatment has no
action for damages unless there is a failure to exercise the care and
skill of a Christian Scientist. This rule might not apply to one
incompetent to consent to a contract.(751)

*418.* _Politics._—A minister who had been expelled by his congregation
for voting the Democratic ticket, had some of the members of the church
arrested under the election laws for intimidating a voter. The court held
that as he “suffered no pecuniary loss, personal injury, or physical
restraint,” no crime was committed.(752)

*419.* _Mail, Obscene Language._—Under the United States postal laws
against sending “obscene, lewd or lascivious” books or papers through the
mail, a person can not be convicted without proof that the matter is
obscene, lewd, and lascivious, as the word “or” should be construed to
mean “and.” Also, the court held that a newspaper article on the doctrine
of the Immaculate Conception written in coarse and obscene language that
offended the religious sentiments of the people, but had no tendency to
induce sexual immorality, did not render the newspaper unmailable nor the
publisher guilty under the United States statutes. The court says: “Those
parts of the article most relied upon to sustain the charge, though
ostensibly a discussion of a religious subject, are couched in language
not quite suitable for insertion in a judicial opinion, however well
adjusted to such applause as might be expected from taste of a certain
degree of degradation.”(753)

*420.* _“__Fair,__”__ Chances, Gambling._—A church “fair” at which chances
are sold, drawings had, or any game of chance permitted, is illegal and
may be punished as gambling.(754)





CHAPTER XXXIII. CEMETERIES


*421.* _Statutes, Land._—There are sufficient statutory provisions on
cemeteries to make a large book, and the frequent changes made in such
laws render a full statement of the law impossible. The statutes against
locating cemeteries near cities, dwellings, etc., should be carefully
examined before buying land therefor.(755)

*422.* _United States, Jurisdiction._—The jurisdiction over the United
States cemeteries is in the State where the cemeteries are located unless
such jurisdiction has been ceded to the United States.(756)

*423.*. _Tombstones, Soldiers_.—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
jurisdiction over cemeteries, it has made it a criminal offense punishable
by fine or imprisonment to deface a tombstone.(757)

*424.* _Indigent Soldiers, Tombstones._—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 should be
called to it.

*425.* _State Authority._—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)

*426.* _Maryland, Two Acres._—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
association to take title to more land. And where the trustees bought
twelve acres of land for a burial ground and a subsequent act of the
Legislature authorized the enlargement of the cemetery not to exceed
twenty-five acres, the title to the excess of the valid purchase was
ratified and the title vested in the trustees.(759)

*427.* _Consent, Application._—Where a statute provides that no cemetery
shall be laid out without first obtaining the consent of the municipal
authorities thereto, a written communication signed by the officers of an
incorporated society is sufficient application; and a motion granting
consent adopted by the city council is sufficient action on its part to
comply with the statute.(760)

*428.* _Charter, Ground, Members._—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,
generally determines who shall be members of the corporation. And where
every owner of a lot signing the constitution and by-laws becomes a
member, the trustees can not vote on the unsold lots.(762)

*429.* _Police Power, Trespass, Burial._—Under our laws the State, by
reason of its police power, has control over the cemeteries within it.
However, that power has generally been very favorably exercised. Laws both
civil and criminal have been enacted to protect cemeteries from invasion
and trespass and to protect tombstones from injury.(763) When authorized
by the Legislature a city may make a by-law prohibiting burial within its
limits, notwithstanding that the cemetery has been constantly used for
over one hundred years.(764) Also, the city has authority to protect and
regulate the use of a cemetery.(765)

*430.* _Dwelling, Limits._—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 within the limits or where he consented to the cemetery at the
time it was established.(766)

*431.* _Well, Pollution._—And where a man had built a dwelling near a
cemetery, it was not good ground for him to prevent the enlargement of the
cemetery by showing that it might destroy his well. The court questions
whether there is any legal ground for complaint for the pollution of
subterranean waters when caused by the proper use without negligence of
the adjacent premises.(767) Additional lands may be obtained under the law
of eminent domain by condemnation.(768)

*432.* _Exempt, Execution, Mortgage._—The statutes in most of the States
exempt the tombstones and lots in a cemetery from sale on execution.(769)
Also, a cemetery lot can not be sold under mortgage after bodies have been
buried therein, as any one may be arrested for desecration of graves.(770)

*433.* _Public, Regulation._—The right to bury in a public cemetery is a
privilege or license that is subject to municipal regulation, and
revocable whenever the public necessity requires it.(771)

*434.* _Nuisance, Public Health, Disease._—A cemetery is not a nuisance
_per se_, but if it is proved that the burial of dead bodies in a certain
cemetery does injure the public health and is a fruitful source of
transmission of disease, the State may prohibit such burial at certain
places within cities or adjacent to dwellings. But unless authorized by
the Legislature a council has no right by ordinance to provide that no one
shall be buried within half a mile of any habitation or public
thoroughfare.(772) And where the Legislature authorized a city to remove
the bodies interred and allow streets through the land, it had authority
to do so.(773)

*435.* _Devise, Easement, Rules._—The general rule of law is that a man
can not devise away a cemetery lot in which members of his family are
buried. He owns only a license or at the most an easement which is subject
to the rules of the cemetery association and the police power of the
State. However, there are some exceptions.(774)

*436.* _Conditions._—A condition in a deed that the lot can not be sold,
assigned, or transferred without consent of the cemetery corporation, is
as good and binding as in any other conveyance of real estate.(775)

*437.* _Inherits, Right._—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)

*438.* _Certificate._—A certificate was issued for the burial of Dennis
Coppers in the following form:


    “Office of Calvary Cemetery,
    New York, December 1, 1873.

    RECEIVED from Mr. Dennis Coppers, seventy-five dollars, being the
    amount of purchase money of a plot of ground 8 feet by 8 feet, in
    Calvary Cemetery.

    D. BRENNAN,
    Superintendent of Calvary Cemetery.

    4 Graves, 5, 6, 7, 8, Plot D, Section 7, Range 35.”


*439.* _Freemason, Title, Right._—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
Freemason, died in August, 1879, and his funeral services were held under
the auspices of the Masons from an Episcopal church, as directed in his
will. The rules and doctrines of the Church forbid the burial in
consecrated ground of the body of one who was not a Roman Catholic or who
was a member of the Masonic fraternity. The Church authorities refused to
allow Coppers to be buried in the cemetery, and application was made by
his relatives for a writ of mandamus to compel his interment therein, they
having deposited the necessary money to pay all the expenses. The court
held that the certificate delivered to Coppers was not a conveyance nor a
grant and did not vest title to the land in him, and that the cemetery
could not be compelled to execute and deliver to him an absolute
conveyance of the lot. His only right under the certificate was the use of
the lot for burial purposes subject to and in conformity with the
established rules and by-laws of the corporation in so far as they were
not in violation of any law. It is the tacit understanding, when a person
applies for a burial lot in a cemetery of the Catholic Church, that he is
either a Catholic and as such is eligible to be buried therein, or that he
applies in behalf of those who are in communion with the Church.(777)

*440.* _Lots, Fee._—If the cemetery association sells 400 lots to one man
and makes a conveyance in fee thereof, it is bound thereby.(778)

*441.* _Deed, Privilege, Heirs and Assigns._—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 convey no
title to the land, as they are not in the form necessary to constitute a
conveyance of land. Their only effect is to grant the privilege of
interment so long as the ground continues to be used for the purposes of
burial.(780) A deed of a cemetery lot “to him, his heirs, and assigns
forever,” gives only an easement in the freehold, and does not give title
to the soil, and is subject to changes made necessary by altered
circumstances.(781)

*442.* _Access, Purposes._—Title to a cemetery lot gives the right of
access to it for the usual purposes, including putting up monuments.(782)

*443.* _Monuments, Inscriptions, Drunkenness, Non-Baptized,
Strangers._—The plaintiff obtained from the defendant a deed, which, among
other things, contained the following conditions: “that such lot shall not
be transferred without the consent of the trustees; shall be subject to
the regulations made, or to be made, in the care and management of such
cemetery by the trustees, who shall also have the right to prevent the
erection of offensive and improper monuments or inscriptions thereon, and
shall retain the right to enter any lot for the removal of anything
objectionable; that no remains shall be deposited therein for hire; and
that persons dying in drunkenness, duel, or by self-destruction,
non-baptized, non-Catholic, or otherwise opposed to the Catholic Church,
shall not be therein interred.” The plaintiff had buried his father and
one of his children in the lot, and brought his wife’s remains there for
burial. Upon the arrival of the funeral, two small coffins of strangers,
one of which bore the name “John McDonald,” which the grave-digger had
taken up, were at the side of the grave. There was nothing to show how
those bodies came to be buried there. The plaintiff brought suit for
damages against the cemetery association. The court held that the cemetery
association was liable and that the defense that it was a public
charitable organization could not be sustained.(783)

*444.* _Use, Forfeited._—When a deed is made of land for the use of a
cemetery only, it will be forfeited by using it for a school.(784)

*445.* _By-Laws, Member, Burial._—Where a by-law of a church association
provides that any member who pays one dollar to have his name entered in
the record shall be entitled to a burial lot, a member who had paid one
dollar to the committee of the church before the adoption of such by-law
but had ceased to be a member of the congregation, has no right to a
burial lot.(785)

*446.* _Adverse Possession._—If the original title to a cemetery is
defective, the title may become good by adverse possession.(786)

*447.* _Improvements._—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)

*448.* _Trespass, Injunction._—An action for damages _quara clausum
fregit_, can be maintained by a relative against any one who trespasses
upon a grave of a person lawfully interred.(788) Also, a relative may
enjoin by suit in equity, on behalf of himself and others equally
interested, interference with graves in his cemetery lot.(789)

*449.* _Roads, Alleys._—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 adjoining lots.(790) In most of the States a road can not be
laid out through or take a part of a cemetery.(791) But a public highway
may be established through a cemetery by user, the same as over other
lands.(792)

*450.* _Abandoned, Bodies._—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
therein.(794)

*451.* _Two-Family Lot, Control._—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
member of the other family in the south half, if entitled to be buried in
that cemetery.(795)

*452.* _Burying Dogs, Removal._—A person who has a lot in a cemetery has
no right to bury any but human bodies therein, and one who has buried a
pet dog in her lot may be compelled to remove it.(796)

*453.* _Stranger, Protest, Kin._—One member of a family can not authorize
the burial of a stranger in a family lot where his parents are buried and
against the protest of any other relative of equal or nearer degree of
kin.(797) When an owner of a lot has consented to the burial of a body
therein, he can not afterward remove the body or deface the tombstone, and
to do so would be a criminal offense.(798) When a lot is sold to one
person, the cemetery association has the right to limit interments to
members of the family owning the lot. However, where there is nothing
concerning it in the laws or rules of the association, it might be
different.(799)

*454.* _Association, Bishop, Stipulation, Certificate, License,
Revocable._—The Germans of Cincinnati formed an association and purchased
ten acres of land for a cemetery “for German immigrants, their families,
and relatives, of Cincinnati and its vicinity, who might be members of the
Catholic Church and in accordance with the doctrine, discipline, usage,
and ceremonies of the same.” They incorporated with fifteen trustees to be
elected annually. Before he would bless the cemetery, the bishop required
and the committee stipulated with him in writing the following: That the
rules of the Catholic Church should always be faithfully observed in this
chiefly: First, that no one should be buried in the ground who had not
been baptized or who died out of communion of the Catholic Church, to
which the bishop or in his absence the clergy of the German Catholic
Church or churches, should be the judge; second, that no poor person
should be denied a place therein because his parents were unwilling to
pay; third, that any money accrued from the ground should be expended for
pious uses and specifically for the relief of the German Catholic poor;
fourth, that the remains of persons interred in Catharine Street
burial-ground might be removed to the new ground. The bishop subsequently
closed the cemetery as a place for burial of Catholics because the
congregation had violated the stipulation: “First, by admitting those to
burial who died out of the communion of the Catholic Church; second, by
refusing to poor persons the right of burial; third, by expending the
funds of the association in other than pious uses and relief of the poor.”
The court held that the corporation had authority to determine that the
cemetery should continue to be used as such, but the conditions might be
enforced by any one interested.(800) Also the question was brought before
the court in a case where a man had fallen away from the Church, and the
court held that the certificate was a mere license giving no property
rights, and revocable; and that the question as to whether the party to be
buried therein was in communion with the Church, was one over which the
Church itself had exclusive jurisdiction.(801)

*455.* _Rules, Diocese._—One who buys the privilege of burying his dead in
a cemetery acquires no general right of property, but only a right to use
the grounds as a place of interment, and the rules governing a cemetery in
force at the time the privilege is acquired measure the extent of the use.
Where a rule of the church having charge of the cemetery forbids the
burial of non-Catholics therein, the bishop of the diocese and the local
priest, who according to the usage of the church were vested with control,
had authority and power to restrain a holder of a lot from interring the
body of his son who was not in communion with the church at the time of
his death, and who committed suicide.(802)

*456.* _Negroes, Indians._—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)

*457.* _Will, Body, Custody._—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 or
husband, if they were living together at the time of the death of
deceased, is paramount to that of the next of kin.(804) A right to the
custody of the body of a deceased relative and to decide upon the final
place of burial where the deceased is unmarried, is in his next of kin,
and this right will be protected by the courts.(805)

*458.* _Non-Residence, Burial._—Non-residence does not divest a person of
the right to burial with his relatives.(806)

*459.* _State, Vacate, Equity, Rule._—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.(807)
Courts of equity exercise some discretion in cases that do not fall within
this rule.(808) But the superintendent of a cemetery has no right to
remove a child without the consent of the father who owns the lot.(809)

*460.* _Consent, Bishop, Removal._—With the consent of deceased’s husband
before the funeral, the father of deceased paid for the lot in which his
daughter wished to be buried with her parents. Her mother being
dissatisfied with the location, the lot was subsequently exchanged for
another in the same cemetery; but after preliminary arrangements had been
made, the son-in-law applied to a court of equity for a writ restraining
the father and the bishop from removing the body. The bishop answered that
he was willing to conform to any order of the court. The court held that
by acceding to his wife’s request and allowing her father to bury her in
the first instance, and by standing mute while the arrangements for the
removal of the body were being made, the husband had no right thereafter
to prevent the removal of his wife’s body.(810)

*461.* _Court, Remove, Consent._—In a proper case a court may grant a
decree to remove the body of a relative from one cemetery to another.(811)
Otherwise no one has the right to exhume or remove a body without the
consent of those having charge of the cemetery and of those having the
right of burial, as consort or the next of kin. In some States the offense
is a felony.(812) In Nebraska, at least, those who have the legal right to
bury a relative may remove his body from one Catholic cemetery to another
without the consent of the bishop.(813)

*462.* _Crime, Fraud, Exhume, Autopsy._—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 right
to control the burial of the body is not a party to the suit.(814) Public
officials have the right to disinter a body to ascertain whether a crime
has been committed.(815) But without a coroner’s inquest or consent of the
surviving consort or next of kin, a doctor has no right to perform an
autopsy.(816)

*463.* _Tort, Corpse._—The general rule is that an action of tort may be
maintained by the widow or next of kin for the mutilation of a corpse or
even for negligently exposing it to the elements.(817) In a few cases the
right has been denied.(818)

*464.* _Custodian, Burial, Mutilation._—In the absence of a widow, a son
is the lawful custodian of the body of his deceased father for
preservation, representation, and burial, and may maintain an action for
unlawful mutilation thereof. The sense of outrage and mental suffering
resulting directly from the wilful mutilation of the body of a parent, is
a proper independent element of compensatory damages.(819)

*465.* _Property in a Corpse, Mummy, Executors._—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 different. Where a
testator ordered his body burned and the executor presented a bill for
£321 for doing so, the court disallowed it on the ground that when a man
is dead his next of kin or executors have the right to dispose of his
body; but that as it is not property, a man has no right to bequeath it
for a particular purpose.(820) Also, where a man was in jail and died
during his imprisonment and the jailer refused to give up the body until
the debt was paid, the court held that there was no property in the
corpse, and therefore there could be no lien upon it and he must surrender
it.(821)

*466.* _Rights, Duties, Body, Will._—While there is no property in a dead
body so that it may be sold, there are rights and duties out of which may
arise tort and criminal actions. The question of the right of a man to
dispose of his body by will is not well settled in this country.(822)
There are many cases that hold that a person has the right to make a
binding testamentary disposition of his own body after death.(823) But on
the contrary it has been held that one can not by his will confer any
right as to the disposition of his body.(824)

*467.* _Monument, Fence._—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
therein. Therefore, the monument must be of such size and so located and
erected as not to interfere with the rights of others.(825)

*468.* _Tombstone, Mother-in-Law._—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
tombstones are personal property and may be removed “in good faith and
with care and decency” by the next of kin.(827)

*469.* _Trees, Authority._—It is a criminal offense to cut trees in a
cemetery without right or authority.(828)

*470.* _Charitable, Institution, Negligence._—A Catholic cemetery without
capital stock or shares and paying no profits nor dividends, does not come
under the head of a charitable institution so as to relieve it from
liability for negligence.(829)

*471.* _Equity, Repair, Injuries._—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)





CHAPTER XXXIV. MISCELLANEOUS


*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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MARKS OF THE BEAR CLAWS. SPALDING.                                1 00
MARY TRACY’S FORTUNE. SADLIER.                                    0 35
MELOR OF THE SILVER HAND. BEARNE.                                 1 00
MILLY AVELING. SMITH.                                             0 50
MIRALDA. JOHNSTON.                                                0 35
MORE FIVE O’CLOCK STORIES.                                        0 75
MOSTLY BOYS. FINN.                                                1 00
MYSTERIOUS DOORWAY. SADLIER.                                      0 35
MYSTERY OF CLEVERLY. BARTON.                                      0 50
MYSTERY OF HORNBY HALL. SADLIER.                                  0 50
NAN NOBODY. WAGGAMAN.                                             0 35
NED RIEDER. WEHS.                                                 0 50
NEW BOYS AT RIDINGDALE. BEARNE.                                   1 00
NEW SCHOLAR AT ST. ANNE’S. BRUNOWE.                               0 50
OLD CHARLMONT’S SEED-BED. SMITH.                                  0 35
OLD MILL ON THE WITHROSE. SPALDING.                               1 00
ON THE OLD CAMPING GROUND. MANNIX.                                1 00
OUR LADY’S LUTENIST. BEARNE.                                      1 00
PANCHO AND PANCHITA. MANNIX.                                      0 35
PAULINE ARCHER. SADLIER.                                          0 35
PERCY WYNN. FINN.                                                 1 00
PERIL OF DIONYSIO, THE. MANNIX.                               0 35
PETRONILLA, AND OTHER STORIES. DONNELLY.                          0 50
PICKLE AND PEPPER. DORSEY.                                        1 00
PILGRIM FROM IRELAND. CARNOT.                                     0 35
PLAYWATER PLOT, THE. WAGGAMAN.                                    0 50
POLLY DAY’S ISLAND. ROBERTS.                                      1 00
POVERINA. BUCKENHAM.                                          0 50
QUEEN’S PAGE, THE. HINKSON.                                       0 35
QUEEN’S PROMISE, THE. WAGGAMAN.                                   0 50
QUEST OF MARY SELWYN. CLEMENTIA.                                  1 00
RACE FOR COPPER ISLAND. SPALDING.                                 1 00
RECRUIT TOMMY COLLINS. BONESTEEL.                                 0 35
RIDINGDALE FLOWER SHOW. BEARNE.                                   1 00
ROMANCE OF THE SILVER SHOON. BEARNE.                              1 00
ST. CUTHBERT’S. COPUS.                                            1 00
SANDY JOE. WAGGAMAN.                                              1 00
SEA-GULL’S ROCK. SANDEAU.                                         0 35
SEVEN LITTLE MARSHALLS. NIXON-ROULET.                             0 35
SHADOWS LIFTED. COPUS.                                            1 00
SHEER PLUCK. BEARNE.                                              1 00
SHERIFF OF THE BEECH FORK. SPALDING.                              1 00
SHIPMATES. WAGGAMAN.                                              0 50
STRONG-ARM OF AVALON. WAGGAMAN.                                   1 00
SUGAR CAMP AND AFTER. SPALDING.                                   1 00
SUMMER AT WOODVILLE, A. SADLIER.                                  0 35
TALES AND LEGENDS OF THE MIDDLE AGES. CAPELLA.                    0 75
TALISMAN, THE. SADLIER.                                           0 50
TAMING OF POLLY, THE. DORSEY.                                     1 00
THAT FOOTBALL GAME. FINN.                                         1 00
THAT OFFICE BOY. FINN.                                            1 00
THREE LITTLE GIRLS, AND ESPECIALLY ONE. TAGGART.                  0 35
TOLD IN THE TWILIGHT. SALOME.                                     0 50
TOM LOSELY: BOY. COPUS.                                           1 00
TOM PLAYFAIR. FINN.                                               1 00
TOM’S LUCK-POT. WAGGAMAN.                                         0 35
TOORALLADDY. By JULIA C. WALSH.                                   0 35
TRANSPLANTING OF TESSIE. WAGGAMAN.                                0 50
TREASURE OF NUGGET MOUNTAIN.  TAGGART.                            0 50
TWO LITTLE GIRLS.  MACK.                                          0 35
UNCLE FRANK’S MARY. CLEMENTIA.                                    1 00
UPS AND DOWNS OF MARJORIE. WAGGAMAN.                              0 35
VIOLIN MAKER, THE. Adapted by SARA TRAINER SMITH.                 0 35
WAYWARD WINIFRED. SADLIER.                                        1 00
WINNETOU, THE APACHE KNIGHT. TAGGART.                             0 50
WITCH OF RIDINGDALE. BEARNE.                                      1 00
YOUNG COLOR GUARD. BONESTEEL.                                     0 35






FOOTNOTES


    1 U. S. Constitution, Amendments, art. i, art. xiv, sec. 1.

    2 Lives of the Popes, Montor, vol. i, p. 94; Life of Leo XIII,
      “Philippine Question.”

    3 The Science of Jurisprudence, Taylor, p. 506; Historical
      Jurisprudence, Lee, p. 328.

    4 Ancient Egypt, Rawlinson, vol. i, p. 323.

    5 Historical Jurisprudence, Lee, pp. 98, 164, 274; History of England,
      Lingard, vol. i, c. vii; The Science of Jurisprudence, Taylor, p.
      506.

    6 Historical Jurisprudence, Lee, p. 257.

    7 Historical Jurisprudence, Lee, p. 271.

    8 The Beginnings of Christianity, Shahan, 90.

    9 Elements of Ecclesiastical Law, Smith.

   10 Historical Jurisprudence, Lee, p. 387; Justinian, Sandar, p. 21.

   11 The Beginnings of Christianity, Shahan.

   12 Universal Church History, Alzog.

   13 Law Dictionary, Bouvier, “Benefit of Clergy,” “Canon Law”;
      Blackstone, vol. i, p. 460, vol. iii, p. 61.

   14 Blackstone, vol. i, p. 461.

   15 Justinian, Sandar, p. 21; Cyc, vol. viii, p. 366, vol. xiv, p. 1228;
      Eq. Jurisprudence, Pomeroy, vol. i, p. 1; The Science of
      Jurisprudence, Taylor, p. 255 et seq; Blackstone, vol. i, pp. 18-20,
      63; Kent, vol. i, p. 10; English Constitution, Creasy.

   16 Blackstone, vol. i, p. 82, vol. iv, c. 33; The Science of
      Jurisprudence, Taylor, p. 337; Conflict of Laws, Wharton, sec. 172.

   17 The American Cyclopedia, “Bologna.”

   18 The Science of Jurisprudence, Taylor, p. 238.

   19 Blackstone, vol. i, pp. 18-20, 79, vol. iv, c. 33.

   20 Commentaries, Kent, vol. i, c. xi, pp. 342, 473, 515, 525-544, vol.
      ii, p. 27; Origin and Nature of the Constitution and Government of
      U. S., U. S. Sup. Ct. Reps., 9 L. Ed., 873.

   21 Commentaries, Kent, vol. i, p. 472; Blackstone, vol. i, p. 107.

   22 Commentaries, Kent, vol. ii, pp. 35-37; Conflict of Laws, Wharton
      (3rd ed.), vol. ii, pp. 1327-8.

   23 Law of Fraternities, Scanlan, ch. xxiv; Conflict of Laws, Wharton,
      sec. 109; Baxter v. McDonald, 155 N. Y., 83; 49 N. E., 667; Morris
      v. Dart, 67 S. C, 338; 45 S. E., 753; 100 Am. St. R., 734; Terrett
      v. Taylor, 13 U. S., 43; 3 L. Ed., 650.

   24 Weld v. May, 9 Cushing, Mass., 181.

   25 Martin v. State, 65 Tenn., 234.

   26 A Manual of Catholic Theology, Wilhelm and Scannell, p. xvii, et
      seq.

   27 A Catholic Dictionary, Addis and Arnold, “Dogma.”

   28 In re St. Louis Inst. of Christian Science, 27 Mo. App., 633.

   29 Hale v. Everett, 53 N. H., 9.

   30 State v. Trustees, 7 Ohio St., 58.

   31 Kniskern v. Lutheran Church, 1 Sandford, N. Y., Ch. 439.

   32 State v. Hallock, 16 Nev., 373.

   33 Stephenson v. Hanyon, 7 Dist. Ct. Rep. Pa., 585.

   34 State v. Board, 134 Mo., 296; 35 S. W., 617.

   35 Synod v. State, 2 S. Dak., 366; 50 N. W., 632; 14 L. R. A., 418.

   36 Stebbins v. Jennings, 10 Pick., Mass., 172.

   37 State v. District Board, 76 Wis., 177; 44 N. W., 967; 20 Am. St.
      Rep., 41; 7 L. R. A., 330.

   38 Hackett v. Brooksville, 27 Ky. L., 1021; 87 N. W., 792; 69 L. R. A.,
      592.

   39 State v. Board, 134 Mo., 296; 35 S. W., 617; 56 Am. St. Rep., 503.

   40 County v. Industrial School, 125 Ill., 540; 18 N. E., 183; 1 L. R.
      A., 437; 8 Am. St. Rep., 386.

   41 “Wis. Industrial School for Girls,” Wisconsin Blue Book. Session
      Laws of Wis., 1907, p. 1416 (index to Acts). Wis. Industrial School
      for Girls v. Clark Co., 103 Wis., 651; 79 N. W., 422.

   42 O’Connor v. Hendrick, 184 N. Y., 421; 77 N. E., 612.

   43 Hysong v. Gallitzen, 164 Pa., 629; 30 At., 482; 44 Am. St. Rep.,
      623; 26 L. R. A., 203; Dorner v. School Dist., 118 N. W., 353 (Nov.
      27, 1908). A good résumé of the subject is given in a footnote in
      105 Am. St. R., 151.

   44 Stafford v. State, 45 So., 673. A Protestant Dictionary, Wright &
      Neil, and Webster’s Dictionary, “Worship.” A Catholic Dictionary,
      Addis and Arnold, “Latria.”

   45 Gass’s App., 73 Pa., 46; 13 Am. Rep., 726; State v. Norris, 59 N.
      H., 536.

   46 St. Joseph’s Church v. Assessors, 12 R. I., 19; 34 Am. R., 597;
      Gerke v. Purcell, 25 Ohio, 229; Am. & Eng. Ency. of L., “Worship.”

   47 Ante, 28; Post, 346.

   48 Catholic Catechism.

   49 Sherman v. Baker, 20 R. I., 446; 40 At., 11; 40 L. R. A., 717.

   50 Webster v. Surghow, 69 N. H., 380; 45 At., 139; 48 L. R. A., 100.

   51 Coleman v. O’Leary, 114 Ky., 388; 70 S. W., 1068.

   52 McEntee v. Bonacum, 66 Neb., 651; 92 N. W., 633.

   53 American and English Encyclopedia of Law, “Parishoner.”

   54 Ibid., “Minister”; 7 Cyc, 189, “Clergy.”

   55 Ibid.

   56 Ibid.

   57 Davies v. Beason, 133 U. S., 333; 33 L. Ed., 637.

   58 Simpson v. Welcome, 72 Me., 496.

   59 Board v. Minor, 23 Ohio St., 250.

   60 Baxter v. Langley, 38 L. J., M. C., 1.

   61 Art. vi.

   62 Ex parte Garland, 4 Wallace, 333; 18 L. Ed., 366.

   63 Church of Latter-Day Saints v. U. S., 136 U. S., 1; 34 L. Ed., 478;
      140 U. S., 665; 35 L. Ed., 592.

   64 Reynolds v. United States, 8 Otto, 145; 25 L. Ed., 244.

   65 Church of Latter-Day Saints v. U. S., 136 U. S., 1; 34 L. Ed., 478;
      140 U. S., 665; 35 L. Ed., 592.

   66 Davis v. Beason, 133 U. S., 333; 33 L. Ed., 637.

   67 Fenelon v. Girard, 2 Howard, 127; 11 L. Ed., 205.

   68 State v. Marble, 72 Ohio St., 21; 73 N. E., 1063; State v.
      Chenoweth, 163 Ind., 94; 71 N. E., 197; People v. Reetz, 127 Mich,
      87; 86 N. W., 396; 59 Cen. L. J., 202; 68 L. R. A., 432.

   69 Thaxter v. Jones, 4 Mass., 570.

   70 Hale v. Everett, 53 N. H., 9.

   71 Federal and State Constitutions, Stimson.

   72 Bradford v. Roberts, 175 U. S., 291; 44 L. Ed., 168; 20 Sup. Ct. R.,
      121; Municipality of Ponce v. The Roman Catholic Apostolic Church,
      28 Sup. Ct. R., 737 (1908).

   73 Terrett v. Taylor, 9 Cranch, 43; 3 L. Ed., 650; Municipality, etc.,
      v. Church, 28 Sup. Ct. R., 737.

   74 Millard v. Board, 19 Ill., 48; Dorner v. Dist., 118 N. W., 353.

   75 Ashby v. Wellington, 25 Mass., 524.

   76 Federal and State Constitutions, Stimson, p. 139; Hale v. Everett,
      53 N. H., 9.

   77 State v. Trustees, 11 Ohio, 24.

   78 First v. Leach, 35 Vt., 108.

   79 Federal and State Constitutions, Stimson, p. 139.

   80 State v. District, 76 Wis., 177; 44 N. W., 967; 20 Am. St. R., 41; 7
      L. R. A., 330.

   81 Church v. Bullock, 100 S. W. (Tex.), 1025; Millard v. Board, 121
      Ill., 297; 10 N. E., 669; Hackett v. Brooksville, 27 Ky. L., 1021;
      87 S. W., 792; 69 L. R. A., 592; 61 C. L. J., 49.

   82 Church v. Bullock, 100 S. W., 1025.

   83 Moore v. Monroe, 64 Ia., 367; 20 N. W., 475; 66 L. R. A., 166; 52
      Am. R., 444; Pfeiffer v. Board, 118 Mich., 560; 77 N. W., 250; 42 L.
      R. A., 536.

   84 Hysong v. Gallitzin Borough School, 164 Pa. St., 629; 30 At., 482;
      26 L. R. A., 203; Dorner v. School District, 118 N. W., Wis., 353
      (Nov. 27, 1908).

   85 O’Connor v. Hendricks, 96 N. Y. S., 161.

   86 Ch. 723, L. 1895.

   87 West v. Otteson, 80 Wis., 62; 49 N. W., 24; Ferraria v.
      Vasconcellos, 23 Ill., 456; 31 Ill., 25.

   88 Gitzhoffen v. Sisters, 88 Pac., 691; 32 Utah, 46; Trustees v. B. P.
      O. E., 122 Wis., 452; 100 N. W., 837.

   89 Hermits v. County, 7 Pa. L. J., 124.

   90 Trustees v. Manning, 72 Md., 116; 19 At., 599.

   91 In re Van Horn, 18 R. I., 389.

   92 Wardens v. Blanc, 8 Rob, La., 51.

   93 Rutherford v. Hill, 22 Or., 218; 29 Pac., 546; 17 L. R. A., 549; 56
      Cen. L. J., 221; Wechselberg v. Flour, 64 F., 90.

   94 Jewett v. Thames Bank, 16 Conn., 511.

   95 Jeffts v. York, 10 Cushing, 392.

   96 Allen v. M. E. Church, 127 Ia., 96; 102 N. W., 808; 69 L. R. A.,
      255; Sawyer v. Methodist, 18 Vt., 405.

   97 Wise v. Perpetual Trustees, House of Lords, 57 C. L. J., 104.

   98 Sheehy v. Blake, 77 Wis., 394; 46 N. W., 537; 69 L. R. A., 255.

   99 Clark v. O’Rourke, 111 Mich., 108; 69 N. W., 147.

  100 Bradford v. Cary, 5 Me., 339; Lynch v. Pfeiffer, 110 N. Y., 33; 17
      N. E., 402; In re St. Luke’s, 17 Philadelphia, 261.

  101 Addison v. Brock, 3 Me., 243.

  102 Stebbins v. Jennings, 10 Pickering, 172.

  103 Municipality of Ponce v. Roman Catholic Church, 28 Sup. Ct. R., 737;
      6 Cyc, 915.

  104 Ferraria v. Vasconcellos, 31 Ill., 25; Mason v. Muncaster, 9
      Wheaton, 468; 6 L. Ed., 131.

  105 Wheaton v. Gates, 18 N. Y., 395.

  106 South v. Yates, 1 Hoff. N. Y., 142; Miller v. Chittendon, 42 Ia.,
      252; Newmarket v. Smart, 45 N. H., 87; Evangelical Appeal, 35 Pa.
      St., 316.

  107 Congregational Society v. Swan, 2 Vt., 222.

  108 Horton v. Baptist Church, 34 Vt., 309.

  109 Associated Reform Church v. Theological Seminary, 4 N. J. Eq., 77.

  110 Taylor v. Edison, 4 Cushing, 522.

  111 Laws of 1895, ch. 723; Religious Corporations, Cummings and Gilbert.

  112 Heiss v. Vosburg, 59 Wis., 532; 18 N. W., 463.

  113 Tartar v. Gibbs, 24 Md., 323.

  114 Christian C. v. C., 219 Ill., 503; 76 N. E., 703.

  115 Jackson v. Legate, 9 Wendell, N. Y., 377.

  116 10 Cyc, 235-244.

  117 Atty-Gen. v. Dutch, 36 N. Y., 452.

  118 Methodist v. Pickett, 23 Barber, 436.

  119 Sutton v. Cole, 8 Mass., 96.

  120 Miller v. English, 21 N. J. L., 317.

  121 Enos v. Church, 187 Mass., 40; 72 N. E., 253.

  122 Baptist v. Wetherell, 3 Paige, N. Y., 296; In re Williams, 105 N. Y.
      S., 1105; Contra: First R. P. Ch. v. Bowden, 10 Abb., N. C., 1.

  123 Bellports v. Tooker, 29 Barber, N. Y., 256.

  124 Sutter v. First, 42 Pa. St., 503.

  125 Atwater v. Woodbridge, 6 Conn., 223.

  126 Wardens v. Hall, 22 Conn., 125.

  127 Beach, Private Corporations, vol. i, p. 608.

  128 Free Ch. of Scotland v. Overton, Appeal Cases, House of Lords, 1904;
      Winnebrenner v. Colder, 43 Pa. St., 244.

  129 Rules of Order, Scanlan, c. iii.

  130 Christ’s Ev. L. C., 5 Pa. Co. Court, 121.

  131 In re Zion, 8 Kulp. Pa., 239.

  132 In re Hebron, 9 Phil., 609.

  133 U. S. v. Church, 5 Utah, 361, 394, and 538; 15 Pac., 473; 16 Pac.,
      723; 18 Pac., 35.

  134 Neil v. Vestry, 8 Gill., 116.

  135 Madison v. Baptist, 26 N. Y., 570; Stokes v. Phelps, 47 Hun., 570.

  136 German, etc., 9 Pa. Co. C., 12.

  137 Evenson v. Ellingson, 72 Wis., 242; 39 N. W., 330.

  138 Toby v. Wareham, 54 Mass., 440.

  139 Weber v. Zimmerman, 22 Md., 156; Wyncoop v. Cong., 10 La., 185.

  140 Magie v. German, 13 N. J. Eq., 77.

  141 Esterbrook v. Tillinghast, 71 Mass., 17.

  142 South v. Clapp, 18 Barber, N. Y., 35.

  143 Tilden v. Metcalf, 2 Day, Conn., 259; Heiss v. Vosburg, 59 Wis.,
      532; 18 N. W., 518.

  144 Keller v. Tracy, 11 Ia., 530.

  145 Verrian v. Methodist, 44 Abbott Pr., 424.

  146 Trustees v. Hoessli, 13 Wis., 348.

  147 Franke v. Mann, 106 Wis., 118; 81 N. W., 1014.

  148 Den. v. Pilling, 24 N. J. L., 653.

  149 Mormon v. United States, 136 U. S., 1; 33 L. Ed., 639.

  150 In re Methodist, 67 Hun., 86.

  151 In re Union, 6 Abb., N. C., 398.

  152 First v. Brownell, 5 Hun., 464.

  153 Evenson v. Ellingson, 72 Wis., 242; 39 N. W., 330.

  154 Rules of Order, Scanlan, 20; Tartar v. Gibbs, 24 Md., 328; Sutter v.
      First, 42 Pa. St., 503.

  155 Rose v. Vertin, 46 Mich., 457; 9 N. W., 491; Tuigg v. Sheehan, 101
      Pa. St., 363.

  156 Am. & Eng. Ency. of L., “Religious Societies.”

  157 Den. v. Bolton, 12 N. J. L., 206.

  158 Bonacum v. Murphy, 65 Neb., 831, and 71 Neb., 463; 98 N. W., 1030;
      102 N. W., 267, and 104 N. W., 180.

  159 Bonacum v. Murphy, 71 Neb., 463; 104 N. W., 180; Bowden v. MacLeod,
      1 Edw., N. Y., 588.

  160 Congregation v. Martin, 4 Rob., La., 62.

  161 Fitzgerald v. Robinson, 112 Mass., 371; Grosvenor v. United States,
      118 Mass., 78; Post, 132.

  162 Wardens v. Blanc, 8 Rob., La., 51.

  163 Bowldin v. Alexander, 82 U. S., 131; 21 L. Ed., 69.

  164 Den. v. Pilling, 24 N. J. L., 653.

  165 Appeal of McAuley, 77 Pa., 397.

  166 Smith v. Swormstedt, 57 U. S., 288; 14 L. Ed., 942.

  167 Skilton v. Webster, Bright, Pa., 203; Mt. Helena Bp. Ch., 79 Miss.,
      488; 30 So. Rep., 714.

  168 Smith v. Swormstedt, 57 U. S., 288; 14 L. Ed., 942.

  169 Tartar v. Gibbs, 24 Md., 323; Papalion v. Manusos, 113 Ill. App.,
      316.

  170 People v. Steele, 2 Barber, 397.

  171 Stebbins v. Jennings, 10 Pickering, 172.

  172 Elizabeth City v. Kennedy, Bush, 44, N. C. Law, 89.

  173 Diffendorf v. Reformed Church, 20 Johns., N. Y., 12.

  174 Sutton v. Trustees, 42 Pa., 503.

  175 Baxter v. McDonald, 155 N. Y., 83; 49 N. E., 667.

  176 Wardens v. Blanc, 8 Rob., 51.

  177 Young v. Ransom, 31 Barb., 49.

  178 Perry v. Wheeler, 75 Ky., 541.

  179 Sheldon v. Easton, 4 Mass., 281; Congregation v. Peres, 42 Tenn.,
      620; Thompson v. Catholic, 22 Mass., 469.

  180 Proprietors v. Proprietors, 48 Mass., 496.

  181 Dempsey v. North, 98 Mich., 444; 57 N. W., 267.

  182 Hackett v. Mt. Pleasant, 46 Ark., 291.

  183 Chatard v. O’Donovan, 80 Ind., 20.

  184 Brestor v. Burr, 120 N. Y., 427; 8 L. R. A., 710; 24 N. E., 937.

  185 Walker v. Wainwright, 16 Barb., 486.

  186 O’Hara v. Stack, 90 Pa., 477.

  187 Stack v. O’Hara, 98 Pa. St., 213.

  188 Cooper v. McKenna, 104 Mass., 284.

  189 Leahy v. Williams, 141 Mass., 345.

  190 State v. Winkle, 14 N. H., 480.

  191 Methodist v. Sherman, 36 Wis., 404.

  192 Baldwin v. McKlinch, 1 Me., 102.

  193 Elizabeth City v. Kennedy, 44 N. C., 89.

  194 Calkins v. Cheney, 92 Ill., 463.

  195 St. Patrick’s v. Daly, 116 Ill., 76; 4 N. E., 241.

  196 Congregation v. Martin, 4 Rob., La., 62.

  197 Meyer v. Baptist, 38 Vt., 614.

  198 Congregation v. Martin, 4 Rob., 62.

  199 Whittmore v. Fourth, 68 Mass., 306.

  200 St. Patrick’s v. Daly, 4 N. E., 241; 116 Ill., 76.

  201 Tuigg v. Treacy, 104 Pa., 493.

  202 Tartar v. Gibbs, 24 Md., 323.

  203 Heiss v. Murphy, 40 Wis., 276, 278; Den. v. Pilling, 24 N. J. L.,
      653.

  204 Weckerly v. Geyer, 11 Ser. R. Pa., 35.

  205 Weinbrenner v. Colder, 43 Pa. St., 244.

  206 People v. Tuthil, 31 N. Y., 550.

  207 Price v. Lyon, 14 Conn., 280.

  208 Suter v. Spangler, 4 Phil., 331.

  209 Smith v. Pedigo, 145 Ind., 36; 32 L. R. A., 836; 33 N. E., 777.

  210 McGuire v. Trustees, 54 Hun., 207.

  211 Church v. Halverson, 42 Minn., 503; 44 N. W., 563; Day v. Bolton, 12
      N. J. L., 206; Den. v. Pilling, 24 N. J. L., 653.

  212 Osgood v. Bradley, 7 Me., 411.

  213 Baptist v. Witherell, 24 Am. Dec., 223; 3 The Catholic Cyclopedia,
      755; Contra: First R. P. Ch. v. Bowden, 10 Abb., N. C, 1. See post
      134, 156.

  214 Jewett v. Thames, 16 Conn., 511.

  215 Chick v. Trevett, 20 Me., 462; Allen v. M. E. Church, 127 Ia., 96;
      102 N. W., 808; 69 L. R. A., 255.

  216 Sheehy v. Blake, 72 Wis., 411; 39 N. W., 479; 9 L. R. A., 564.

  217 Chase v. Merrimac, 34 Mass., 564; Bigelow v. Congregation, 15 Vt.,
      370.

  218 Richardson v. Butterfield, 60 Mass., 191.

  219 State v. Hebrew, 31 La. Ann., 205; 33 Am. Rep., 217; Grosvenor v.
      United States, 118 Mass., 78; Watson v. Garbin, 54 Mo., 358.

  220 State v. Getty, 69 Conn., 286; 37 At., 188.

  221 Free Church of Scotland v. Overton, Appeal Cases, House of Lords,
      1904; Fuchs v. Meisel, 102 Mich., 357; 32 L. R. A., 92; 60 N. W.,
      773.

  222 Methodist v. Wood, 5 Ohio, 12.

  223 McGinnis v. Watson, 41 Pa. St., 9.

  224 German v. Seibert, 3 Pa. St., 282.

  225 Sutter v. First, 42 Pa. St., 503.

  226 Miller v. Gable, 2 Den., N. Y., 492; Eis v. Croze, 149 Mich., 62;
      112 N. W., 943; Dressen v. Brameier, 56 Ia., 756; 9 N. W., 193;
      Amish v. Gelhaus, 71 Ia., 170; 32 N. W., 318.

  227 Lamm v. Cain, 129 Ind., 486; 14 L. R. A., 518.

  228 Fernald v. Lewis, 6 Me., 264.

  229 Trustees v. Henschell, 48 Minn., 494; 51 N. W., 477.

  230 Perry v. Tupper, 74 N. C., 722.

  231 Wanner v. Emanuel, 174 Pa., 466.

  232 West v. Ottesen, 80 Wis., 62; 49 N. W., 24.

  233 Second v. First, 23 Conn., 255.

  234 Smith v. Swormstedt, 57 U. S., 288; 14 L. Ed., 942.

  235 Nelson v. Benson, 69 Ill., 27; Brown v. Porter, 10 Mass., 93.

  236 Page v. Crosby, 41 Mass., 211.

  237 Harper v. Straws, 53 Ky., 48; Hale v. Everett, 53 N. H., 9; Wiswell
      v. First, 14 Ohio St., 31; Reorganized v. Church, 60 Fed., 937; 32
      L. R. A., 838; Fernstler v. Seibert, 114 Pa., 196; 6 At., 165.

  238 Shannon v. First, 42 Ky., 253.

  239 Servatius v. Pichel, 34 Wis., 292; McGrath v. Finn, 16 Alb. L. J.,
      186; Morasse v. Borchee, 151 Mass., 567; 25 N. E., 74.

  240 Farnsworth v. Storrs, 59 Mass., 412.

  241 Bowldin v. Alexander, 15 Wall., 131; 21 L. Ed., 69; Ante, sec. 116,
      post 156.

  242 In re Paulson’s will, 127 Wis., 612; 107 N. W., 484.

  243 Barry v. C. K. of W., 119 Wis., 362; 96 N. W., 797.

  244 In re Knox, 25 Ch. Div., 542.

  245 Harden v. Baptist, 51 Mich., 137; 16 N. W., 311.

  246 Taylor v. Edison, 58 Mass., 522; Gray v. Christian, 137 Mass., 329.

  247 Fulbright v. Higgenbotham, 133 Mo., 668; 34 S. W., 875.

  248 Jones v. State, 28 Neb., 495; 44 N. W., 658; 7 L. R. A., 325.

  249 Hamel v. German, 1 Weekly Note Cases, 411.

  250 State v. Hebrew, 31 La. Ann., 205; 33 Am. Rep., 217.

  251 Deadrick v. Lampson, 58 Tenn., 523.

  252 Smith v. Pedigo, 145 Ind., 361; 32 L. R. A., 838.

  253 Lucas v. Case, 9 Bush, Ky., 297.

  254 Grosvenor v. U. S., 118 Mass., 78.

  255 Miller v. English, 21 N. J. L., 317; 10 Cyc, 320-328; Rules of
      Order, Scanlan, 17.

  256 State v. Crowell, 9 N. J. L., 391; Commonwealth v. Cain, 5 Ser. &
      R., Pa., 510.

  257 Wegerle v. Geyer, 11 Ser. & R., Pa., 35.

  258 Juker v. Commonwealth, 20 Pa. St., 484; St. Luke’s v. Matthews, 4
      Desau, S. C., 578; State v. Crowell, 9 N. J. L., 391.

  259 People v. Tuthill, 31 N. Y., 550.

  260 Rules of Order, Scanlan, 18, 20; 10 Cyc, 329.

  261 Madison v. Baptist, 32 Howard’s Pr., 335.

  262 People v. Tuthill, 31 N. Y., 550.

  263 Hart v. Harvey, 32 Barb., N. Y., 55.

  264 Alexander v. Bowers, 79 S. W., 342.

  265 Rules of Order, Scanlan, 18, 20, 23; People v. Peck, 11 Wend., N.
      Y., 604.

  266 Rules of Order, Scanlan, 9; Gipson v. Morris, 83 S. W., Tex., 226;
      McCrary’s Am. L. of Elections, secs. 298-300.

  267 Juker v. Commonwealth, 20 Pa., 484.

  268 Rules of Order, Scanlan, 23-27; Wardens v. Pope, 8 Gray, Mass., 140.

  269 Den. v. Pilling, 24 N. J. L., 653.

  270 Vestry v. Matthews, 4 Desau, S. C., 578.

  271 Cooley’s Con. Lim., 619; McCrary’s Am. L. of Elections, sec. 197;
      Rules of Order, Scanlan, 24-27.

  272 Commonwealth v. Woelper, 3 Ser. & R., Pa., 29.

  273 In re Peters, 112 N. Y. Sup., 339.

  274 Gram v. Prussia, 36 N. Y., 161.

  275 Wall v. Johnson, 140 Ind., 445; 39 N. E., 251; Simmons v. Allison,
      118 N. C., 763.

  276 People v. St. Anthony, 109 N. Y., 512; 17 N. E., 408.

  277 Congregation v. Martin, 4 Rob., 62; Wardens v. Blanc, 8 Rob., 51;
      St. Andrew’s Ch. v. Schaugnessy, 63 Neb., 792; 89 N. W., 261.

  278 Enos v. Church, 187 Mass., 40; 72 N. E., 253.

  279 Ross v. Crockett, 14 La. Ann., 811.

  280 Laight v. Noe, 12 Howard’s Pr., 497; Contra: In re Williams, 105 N.
      Y. S., 1105; Ante, 116, 134.

  281 People v. Lacoste, 37 N. Y., 192; Fadness v. Braunberg, 73 Wis.,
      257; 41 N. W., 84; McCrary on Am. L. of Elections, secs. 209, 264;
      10 Cyc, 347; People v. Nappa, 89 Mich., 232; 50 N. W., 846.

  282 Hendrickson v. Shotwell, 1 N. J. Eq., 577.

  283 Congregation v. Sperry, 10 Conn., 200; 10 Cyc, 319.

  284 Den. v. Pilling, 24 N. J. L., 653.

  285 Smith v. Erb, 5 Gill., Md., 437.

  286 People v. Peck, 11 Wend., N. Y., 604.

  287 Catron v. First, 46 Ia., 106; People v. St. Anthony’s, 109 N. Y.,
      512; 17 N. E., 408.

  288 Columbia v. Gospel, 127 N. Y., 361.

  289 First v. Caughey, 85 Pa., 271.

  290 San Antonia v. Adams, 87 Tex., 125; 26 S. W., 1040; Hill v. Rich,
      119 Mo., 9; 24 S. W., 223.

  291 Hewitt v. Wheeler, 22 Conn., 577; Devos v. Gray, 22 Ohio, 159; Klopp
      v. Moore, 6 Kan., 27; Neil v. Spencer, 5 Ill. App., 461; United v.
      Vandusen, 37 Wis., 54.

  292 Miller v. Church, 4 Phil., 48.

  293 Brunnenmeyer v. Buhre, 32 Ill., 183.

  294 N. Baptist v. Parker, 36 Barb., N. Y., 171.

  295 Dennison v. Austin, 15 Wis., 334.

  296 United v. Vandusen, 37 Wis., 54; MacLaury v. Hart, 121 N. Y., 636;
      24 N. E., 1013.

  297 Vestry v. Barksdale, 1 Strobb. Eq., S. C., 197.

  298 New v. Gress, 89 Ga., 125.

  299 10 Cyc, 776-9; In re Denny, 156 Ind., 104; 59 N. E., 359; 51 L. R.
      A., 722.

  300 Rules of Order, Scanlan, 21; U. S. v. Balm, 144 U. S., 1; 12 Sup.
      Ct. R., 507; 36 L. Ed., 321; The Catholic Cyclopedia, vol. i, 289.

  301 Cicotte v. Anciaux, 53 Mich., 227; 18 N. W., 793.

  302 Trustees v. Halverson, 42 Minn., 503; 44 N. W., 663.

  303 Skinner v. Richardson, 76 Wis., 464; 45 N. W., 318; Dennison v.
      Auston, 15 Wis., 334.

  304 Vestry v. Barksdale, 1 Strobb. S. C. Eq., 197.

  305 State v. Ahnapee, 99 Wis., 322; 74 N. W., 783.

  306 Bowldin v. Alexander, 82 U. S., 131; 21 L. Ed., 69; The Catholic
      Cyclopedia, vol. iii, 755, 756.

  307 Leahy v. Williams, 141 Mass., 345; 6 N. E., 78.

  308 People v. Runkel, 8 Johnson, N. Y., 464.

  309 Leahy v. Williams, 141 Mass., 345.

  310 Rose v. Vertin, 46 Mich., 457; 9 N. W., 491; Tuigg v. Sheehan, 101
      Pa., 363.

  311 Freeport v. Egan, 146 Pa., 106; 23 At., 390.

  312 Scott v. Thompson, 21 Ia., 599.

  313 Emonds v. Termehr, 60 Ia., 92; 14 N. W., 197.

  314 Wojcienchowski v. Johnknowski, 16 Pa. Sup. Ct., 444.

  315 Chiniqui v. Delaire, 37 Ill., 237.

  316 St. Patrick’s v. Abst., 76 Ill., 252.

  317 First v. Prior, 23 Hun., 271.

  318 Den. v. Pilling, 24 N. J. L., 653; Rules of Order, Scanlan, 15-18.

  319 German v. Pressler, 17 La. Ann., 127.

  320 Appeal of McAuley, 77 Pa., 397.

  321 Bethany v. Sperry, 10 Conn., 200.

  322 Weber v. Zimmermann, 22 Md., 156.

  323 Downs v. Bowdoin, 149 Mass., 135; 21 N. E., 294.

  324 Smith v. Erb., 4 Gill., Md., 437.

  325 Helbig v. Rosenberg, 86 Ia., 159; 53 N. W., 111.

  326 Dahl v. Palache, 68 Cal., 248.

  327 People v. Runkel, 9 Johnson, 147.

  328 First v. Hillary, 51 Cal., 155.

  329 Tuttle v. Cary, 7 Me., 426.

  330 State v. Steward, 6 Houst., Del., 9.

  331 Jones v. Cary, 6 Me., 448; Rules of Order, Scanlan, 29-30.

  332 State v. Steward, 6 Houst., Del., 359.

  333 Juker v. Commonwealth, 20 Pa., 484; McIlvain v. Christ’s Church, 8
      Phil., 507.

  334 Livingston v. Trinity Church, 45 N. J. L., 230.

  335 People v. Tuthill, 31 N. Y., 550.

  336 Madison v. Baptist, 46 N. Y., 131.

  337 Moore v. St. Thomas’ Church, 4 Abb., N. Y., 51.

  338 Commonwealth v. Woelper, 3 Ser. & R., 29.

  339 Wardens v. Pope, 74 Mass., 140.

  340 Oakes v. Hill, 6 Weekly Notes, Cas., 346.

  341 Hartt v. Harvey, 32 Barb., 55.

  342 Weckerly v. Geyer, 11 Ser. & R., 35.

  343 People v. Church, 48 Barb., 603.

  344 Allen v. Gray, 11 Conn., 95.

  345 Arthur v. Norfield, 49 At., 241; 73 Conn., 718.

  346 Pepin v. Societies, 23 R. I., 81; 60 L. R. A., 626.

  347 Lahiff v. St. Joseph’s T. A. B. S., 76 Conn., 648; 65 L. R. A., 92.

  348 10 Cyc, 1067.

  349 17 Cyc, 405; 2 Jones on Ev., secs. 522, 523; Conflict of L.,
      Wharton, vol. ii, sec. 761, pp. 1496-8; Collins v. German, Am. M. I.
      Ass., 112 Mo. App., 209; 86 S. W., 891; Layton v. Kraft, 98 N. Y.,
      996.

  350 Collins v. German, 112 Mo. App., 209; Sandberg v. The State, 113
      Wis., 578; 89 N. W., 504.

  351 Sawyer v. Baldwin, 11 Pickering, 492.

  352 Finher v. Hanegen, 59 Ark., 151; 24 L. R. A., 543.

  353 Mt. Zion v. Whitmore, 83 Ia., 138; 49 N. W., 846; 13 L. R. A., 198.

  354 Bonacum v. Murphy, 65 Neb., 831; 98 N. W., 1030; 71 Neb., 463; 102
      N. W., 267; 104 ib., 180; Nance v. Busby, 91 Tenn., 303; 18 S. W.,
      874; 15 L. R. A., 801.

  355 Bonacum v. Harrington, 65 Neb., 831; 91 N. W., 886.

  356 Tubbs v. Lynch, 4 Harr., Del., 521.

  357 Sterns v. Bedford, 21 Pickering, 114.

  358 O’Donovan v. Chatard, 97 Ind., 421.

  359 Baxter v. McDonald, 155 N. Y., 83; 49 N. E., 667.

  360 Gibbs v. Gilead, 38 Conn., 153.

  361 Stack v. O’Hara, 98 Pa., 213.

  362 29 Cyc, 204, and “Religious Societies”; Am. & Eng. Cyc. of L.,
      “Religious Societies” and “Beneficial Societies”; 2 Benefit
      Societies & L. Insurance, Bacon, secs. 400a and 450a.

  363 Farnsworth v. Storrs, 59 Mass., 412.

  364 Hatfield v. Delong, 24 Ind. App., 343; 51 L. R. A., 751; Ryan v.
      Cudahy, 157 Ill., 108; 41 N. E., 760; 49 L. R. A., 353.

  365 Sampsell v. Esher, 26 Weekly Law Bulletin, Ohio, 156.

  366 Day v. Robinson, 12 N. J. L., 206.

  367 Diffendorf v. Reformed Church, 20 Johnson, N. Y., 12.

  368 Chase v. Cheney, 58 Ill., 509.

  369 Catholic Dictionary, Addis & Arnold, “Prescription.”

  370 Legal Formulary, Baart, 462.

  371 Juker v. Commonwealth, 20 Pa. St., 484.

  372 Beers v. Arkansas, 20 How., U. S., 527; 15 L. Ed., 991.

  373 See “Benefit of the Clergy” and “Forum Ecclesiasticum,” in The
      Catholic Cyclopedia and in the Catholic Dictionary.

  374 Kuns v. Robinson, 154 Ill., 394; 40 N. E., 343; Brundage v.
      Deardorf, 55 Fed., 839; Watson v. Jones, 80 U. S., 679; 20 L. Ed.,
      666; Bird v. St. Mark’s, 62 Ia., 567; 17 N. W., 747; Perry v.
      Wheeler, 75 Ky., 541; Powers v. Bundy, 45 Neb., 208; 63 N. W., 476;
      Connit v. Reformed, 54 N. Y., 551; Harrison v. Hoyle, 24 Ohio St.,
      254; Krecker v. Shirey, 163 Pa., 534; 30 At., 540.

  375 Watson v. Jones, 80 U. S., 679; 20 L. Ed., 666.

  376 Prickett v. Wells, 117 Mo., 502; 24 S. W., 52; Pounder v. Ash, 36
      Neb., 564; 54 N. W., 847.

  377 Atty-Gen. v. Fed., 69 Mass., 1.

  378 Mt. Helen v. Jones, 79 Miss., 488; 30 So., 714.

  379 Prickett v. Wells, 117 Mo., 502; 24 S. W., 52.

  380 Ferraria v. Vasconcellos, 31 Ill., 25.

  381 Garten v. Penick, 68 Ky., 110.

  382 Brunnenmeyer v. Buhre, 31 Ill., 183.

  383 Lawson v. Kolbenson, 61 Ill., 405.

  384 Robertson v. Bullions, 11 N. Y., 243.

  385 Papalion v. Manusos, 113 Ill. App., 316.

  386 Avery v. Baker, 27 Neb., 388; 43 N. W., 174.

  387 Trustees v. Trustees, 4 N. J. Eq., 77.

  388 Nash v. Sutton, 117 N. C., 231; 23 S. E., 178; Wiswell v. First, 14
      Ohio St., 31.

  389 Mannix v. Purcell, 46 Ohio St., 102.

  390 Baker v. Ducker, 79 Cal., 365; 21 Pac., 764.

  391 Morris v. Dart, 67 S. C., 338; 45 S. E., 753; 100 Am. St. Rep., 734.

  392 Phipps v. Jones, 20 Pa., 260.

  393 Dolan v. City, 4 Gill., 394.

  394 Shakers v. Watson, 68 Fed., 730.

  395 61 Cen. L. J., 49 and 55; 57 C. L. J., 201.

  396 Owens v. Frank, 7 Wyoming, 457; 53 Pac., 282; 47 Cen. L. J., 221.

  397 Evidence, Jones, vol. iii, p. 776.

  398 Gillooley v. State, 58 Ind., 182.

  399 Knight v. Lee, 80 Ind., 201.

  400 Colbert v. State, 125 Wis., 423; 104 N. W., 61.

  401 Hills v. State, 61 Neb., 589; 85 N. W., 836.

  402 Bevins v. Kline, 21 Ind., 37.

  403 In re Thomas, 54 Cal., 509.

  404 Rex. v. Hoy, 2 F. & F., 4.

  405 Rex. v. Griffen, 6 Cox, C. C., 219.

  406 Mutual v. Robinson, 19 U. S. App., 266; State v. Morgan, 196 Mo.,
      177; 95 S. W., 402.

  407 Katzer v. City, 104 Wis., 16; 79 N. W., 745; 80 N. W., 41.

  408 Vasconcellos v. Ferraria, 27 Ill., 237.

  409 Foley v. Brocksmit, 119 Ia., 457; 93 N. W., 344; 97 Am. St. R., 324;
      60 L. R. A., 571; 18 Cyc, 437-9.

  410 Harriman v. First, 63 Ga., 186.

  411 Methodist v. Sherman, 36 Wis., 404.

  412 St. Patrick’s v. Daly, 116 Ill., 76; 4 N. E., 241.

  413 Eager v. Inhabitants, 10 Mass., 430.

  414 Barnes v. Perrine, 9 Barb., N. Y., 202; Sheehy v. Blake, 77 Wis.,
      394; 46 N. W., 537; 69 L. R. A., 255; Cutler v. Thomas, 25 Vt., 13;
      Allen v. M. E. Church, 127 Ia., 96; 102 N. W., 808; 69 L. R. A., 255
      Note.

  415 9 Cyc, 331.

  416 45 Cent. Dig., 7.

  417 45 Cent. Dig., 38.

  418 45 Cent. Dig., 14.

  419 45 Cent. Dig., 1-54; Am. & Eng. Ency. of Law, “Subscriptions.”

  420 Legal Maxims, Broom, 745; Hodges v. Nalty, 104 Wis., 464; 80 N. W.,
      726.

  421 Hodges v. Nalty, 113 Wis., 557; 89 N. W., 535; Hodges v. O’Brien,
      113 Wis., 97; 88 N. W., 901.

  422 Barnes v. Perine, 9 Bar., N. Y., 202.

  423 Macon v. Shepard, 2 Humphrey, Tenn., 335.

  424 O’Hear v. De Goesbriand, 33 Vt., 593; 80 Am. Dec., 662.

  425 Bates v. Sperrell, 10 Mass., 323; Hodges v. Green, 28 Vt., 358;
      Pres. v. Andrus, 21 N. J. L., 225.

  426 Church v. Wells, 24 Pa., 249.

  427 O’Hear v. De Goesbriand, 33 Vt., 593; 80 Am. Dec., 662.

  428 Proprietors v. Roswell, 66 Me., 400; Sohier v. Trinity, 109 Mass.,
      1; Aylward v. O’Brien, 160 Mass., 118; 35 N. E., 313; 22 L. R. A.,
      206.

  429 Aylward v. O’Brien, 160 Mass., 118; 35 N. E., 313; 22 L. R. A., 206;
      O’Hear v. De Goesbriand, 33 Vt., 593; 80 Am. Dec., 662.

  430 Smith v. Bonhoff, 2 Mich., 115.

  431 Vorhees v. Presbyterian, 8 Barb., 135.

  432 Price v. Lyon, 14 Conn., 280.

  433 Baptist v. Witherell, 3 Paige, N. Y., 296; 24 Am. Dec., 223.

  434 Perrin v. Granger, 33 Vt., 101.

  435 French v. Old, 106 Mass., 479.

  436 Curry v. First, 2 Pittsburg, 105.

  437 Succession of Gambla, 23 La. Ann., 9.

  438 First v. Braydon, 91 Mass., 248.

  439 Downs v. Bowdoin, 149 Mass., 135; 21 N. E., 294.

  440 Trustees v. Quackenbush, 10 Johnson, 217.

  441 Kellogg v. Dickenson, 18 Vt., 266.

  442 Jackson v. Rounsville, 5 Metcalf, Mass., 127.

  443 Murray v. Cargill, 32 Me., 517; Gay v. Baker, 17 Mass., 435; Shaw v.
      Beveridge, 3 Hill, N. Y., 26; Perrin v. Granger, 33 Vt., 101.

  444 Vanhorn v. Tailmadge, 8 N. J. Eq., 108.

  445 Fassett v. Boylston, 19 Pickering, Mass., 361.

  446 Kimball v. Rowley, 24 Pickering, Mass., 347.

  447 Aylward v. O’Brien, 160 Mass., 118; 35 N. E., 313; 22 L. R. A., 206;
      Van Houten v. Trustees, 17 N. J. Eq., 126.

  448 Howard v. Stevens, 47 Vt., 262.

  449 Stoddard v. Vestry, 2 Gill. & J., Md., 227.

  450 City v. McIntyre, 8 Rob., La., 467.

  451 Sargent v. Pierce, 43 Mass., 80.

  452 Perrin v. Leverett, 13 Mass., 128.

  453 Crowley v. Miller, 19 N. Y. Weekly Dig., 262.

  454 Sheldon v. Vail, 28 Hun., 354.

  455 Price v. Lyons, 14 Conn., 280.

  456 Perrin v. Granger, 33 Vt., 101.

  457 Commonwealth v. Cain, 5 Srg. & R., Pa., 510.

  458 In re Bullock, 6 Dem. Sur., 335; Heiss v. Murphy, 40 Wis., 276; Ruth
      v. Oberbrunner, 40 Wis., 238.

  459 Ruth v. Oberbrunner, 40 Wis., 238; Goesele v. Bimeler, 55 U. S.,
      589; 14 L. Ed., 554; Van Houten v. Trustees, 17 N. J. Eq., 126.

  460 Winnepesaukee v. Gordon, 63 N. H., 505; 3 At., 426.

  461 Bethel v. Carmack, 2 Md., Ch., 143; Tartar v. Gibbs, 24 Md., 323.

  462 Lynch v. Pfeiffer, 110 N. Y., 33; 17 N. E., 402.

  463 Enos v. Chestnut, 88 Ill., 590.

  464 Walwrath v. Camel, 28 Mich., 111.

  465 Harpending v. Reformed, 41 U. S., 455; 10 L. Ed., 1029.

  466 Inhabitants v. Catholics, 40 Mass., 139; People v. Trinity, 22 N.
      Y., 44.

  467 Lynch v. Pfeiffer, 110 N. Y., 33; 17 N. E., 402; Eggleston v.
      Doolittle, 33 Conn., 396.

  468 Tomlin v. Blunt, 31 Ill. App., 234.

  469 Centenary v. Parker, 43 N. J. Eq., 307; 12 At., 142.

  470 Levasseur v. Martin, 11 La. Ann., 684.

  471 O’Donnell v. Holden, 21 Weekly Law Bulletin, 254.

  472 Walwrath v. Camel, 28 Mich., 111.

  473 Fitzpatrick v. Fitzgerald, 79 Mass., 400.

  474 Hubbard v. German, 34 Ia., 31.

  475 In re First, 106 N. Y., 251; 12 N. E., 626; Wiswell v. First, 14
      Ohio St., 31.

  476 Scott v. First, 50 Mich., 528; 15 N. W., 891.

  477 In re First, 106 N. Y., 251; 12 N. E., 626.

  478 Katzer v. City of Milwaukee, 104 Wis., 16; 79 N. W., 745; 80 N. W.,
      41.

  479 Beckwith v. St. Phillip’s Parish, 69 Ga., 564.

  480 Miller v. Chittenden, 2 Ia., 315; 4 Ia., 252; Schenectady v. Veeder,
      4 Wendell, N. Y., 494.

  481 St. Patrick’s v. Daly, 116 Ill., 76.

  482 Nobilli v. Redman, 6 Cal., 325.

  483 San Antonio v. Odin, 15 Tex., 539.

  484 Blair v. Odin, 3 Tex., 288.

  485 Heiss v. Vosburg, 59 Wis., 532; 18 N. W., 463.

  486 Santillan v. Moses, 1 Cal., 92.

  487 Heiss v. Murphy, 40 Wis., 276.

  488 Robertson v. Bullions, 11 N. Y., 243.

  489 Hennessey v. Walsh, 55 N. H., 515.

  490 Pawlet v. Clarke, 13 U. S., 292; 3 L. Ed., 735.

  491 Cheever v. Pierson, 33 Mass., 266.

  492 Amish v. Gelhaus, 71 Ia., 170; 32 N. W., 318.

  493 Cushman v. Church, 162 Pa., 280; 29 At., 472.

  494 Kulinsky v. Dambrowski, 29 Wis., 109.

  495 Reed v. Church, 6 Pa. Co. Ct., 76.

  496 Fulbright v. Higgenbotham, 133 Mo., 668; 34 S. W., 875; People v.
      Runkel, 9 Johnson, 147; Central v. Patterson, 30 N. Y. Supp., 248;
      Unangst v. Shortz, 5 Horton, Pa., 506.

  497 Bowden v. MacLeod, 1 Edw., N. Y., 588; Gable v. Miller, 10 Paige, N.
      Y., 627; Wilson v. Johns, 2 Rich., S. C., Eq., 192; Ferraria v.
      Vasconcellos, 31 Ill., 25.

  498 Antones v. Eslava’s heirs, 9 Port., 527.

  499 Ferraria v. Vasconcellos, 31 Ill., 25; Brunnenmeyer v. Buhre, 32
      Ill., 183.

  500 Organ v. Seaford, 1 Dev., N. C. Eq., 453; Post 290, 319.

  501 Gram v. Prussia, 36 N. Y., 161; Reformed v. Draper, 97 Mass., 349.

  502 Dochkus v. Lithuanian, 206 Pa., 25; 55 At., 779.

  503 Burke v. Wall, 29 La. Ann., 38.

  504 Thompson v. West, 59 Neb., 677; 82 N. W., 13; 49 L. R. A., 337.

  505 Morgan v. Leslie, Wright, O., 144.

  506 Consistory v. Brandow, 52 Barb., N. Y., 228.

  507 Grisson v. Hill, 17 Ark., 483.

  508 Scott v. Stipe, 12 Ind., 74; Mills v. Davison, 54 N. J. Eq., 659; 35
      At., 1072; 35 L. R. A., 113.

  509 Appeal of Tappen, 52 Conn., 412.

  510 Neely v. Hoskins, 84 Me., 386; 24 At., 882.

  511 Second v. Dugan, 65 Md., 460; 5 At., 415.

  512 Craig v. Inhabitants, 58 Me., 479.

  513 Beckwith v. St. Phillip’s Church, 68 Ga., 564.

  514 Mannix v. Purcell, 46 Ohio St., 102; 19 N. E., 572; 2 L. R. A., 753.

  515 Draper v. Minor, 36 Mo., 290.

  516 Burton’s Appeal, 57 Pa. St., 213.

  517 Smith v. Pedigo, 145 Ind., 361; 33 N. E., 777; 44 N. E., 363; 32 L.
      R. A., 838.

  518 Free Ch. of Scotland v. Overton, Appeal Cases, House of Lords, 1904;
      McGinnis v. Watson, 41 Pa. St., 9; Ante, 278.

  519 First v. Rauss, 21 Conn., 160; Watson v. Jones, 13 Wallace, 679; 20
      L. Ed., 666.

  520 App. v. Lutheran, 6 Pa. St., 201.

  521 Keller v. Tracy, 11 Ia., 530; Happy v. Morton, 33 Ill., 398; Leftwig
      v. Thornton, 18 Ia., 56.

  522 Watson v. Jones, 13 Wallace, 679; 20 L. Ed., 666.

  523 Dolan v. Mayor, 4 Gill., Md., 394.

  524 Goode v. McPherson, 51 Mo., 126.

  525 Olcott v. Gabert, 86 Tex., 121; 23 S. W., 985.

  526 Strong v. Doty, 32 Wis., 381.

  527 Fadness v. Braunburg, 73 Wis., 257; 41 N. W., 84.

  528 Weld v. May, 9 Cushing, Mass., 181.

  529 Field v. Field, 9 Wendell, N. Y., 394; Stokes v. Dale, 14 N. Y.,
      901.

  530 Hendrickson v. Shotwell, 1 N. J. Eq., 577; Calkins v. Cheney, 92
      Ill., 463; Park v. Chaplain, 96 Ia., 55; 64 N. W., 674.

  531 Beech v. Allen, 7 Hun., 441.

  532 Catholic v. Gibbons, 3 Weekly Law Bulletin, 581.

  533 Lyons v. Planters, 86 Ga., 485.

  534 African v. Duru, 19 La. Ann., 302; Harrisburg v. Washburn, 29
      Oregon, 150; 44 Pac., 390.

  535 Lynn v. Carson, 32 Grat., Va., 170.

  536 Proprietor v. Butler, 56 Mass., 597.

  537 DeRuyter v. St. Peter’s, 3 N. Y., 238.

  538 Perrian v. Methodist, 4 Abbot’s Pr., N. Y., 424; Unangst v. Shortz,
      5 Horton, Pa. St., 506; Trustees v. Hoessli, 13 Wis., 348.

  539 Miller v. Chittenden, 2 Ia., 315; Church v. Grace, 68 N. Y., 570;
      Gilmer v. Stone, 120 U. S., 586; 30 L. Ed., 734; Kinney v. Kinney’s
      Executors, 86 Ky., 610; 6 S. W., 593.

  540 St. Peter’s v. German, 104 Ill., 440.

  541 Kinney v. Kinney’s Executors, 86 Ky., 610; 6 S. W., 593.

  542 Trustees v. Manning, 72 Md., 116; 19 At., 599.

  543 Morgan v. Leslie, Wright, 144.

  544 U. S. v. Church, 5 Utah, 361; 15 Pac., 473.

  545 In re Ticknor’s estate, 13 Mich., 44; Levy v. Levy, 33 N. Y., 97.

  546 Trustees v. Hilkin, 84 Md., 170; 35 At., 9.

  547 Hamsher v. Hamsher, 132 Ill., 273; 23 N. E., 1123; 8 L. R. A., 556.

  548 Hanson v. Little Sisters, 79 Md., 434; 32 At., 1052; Jones v.
      Habersham, 107 U. S., 174; 27 L. Ed., 401.

  549 Church v. Grace, 68 N. Y., 570.

  550 Tartar v. Gibbs, 24 Md., 323.

  551 Trinitarian v. Union, 61 N. H., 384.

  552 Smith v. Pedigo, 145 Ind., 361; 44 N. E., 363; 32 L. R. A., 838.

  553 Miller v. English, 21 N. J. L., 317.

  554 Petot v. Tucker, 21 N. Y., 267.

  555 Ludlam v. Higbee, 11 N. J. Eq., 342.

  556 Happy v. Morton, 33 Ill., 398.

  557 Sutor v. Spangler, 4 Phil., 331.

  558 Scott v. Stipe, 12 Ind., 74.

  559 Commonwealth v. Dougherty, 107 Mass., 243.

  560 In re Wright’s estate, Myr. Prob., 213 Cal.

  561 Green v. Dennis, 6 Conn., 293; Ferguson v. Hedges, 1 Harr., 524.

  562 Murphy v. Dallam, 1 Bland, 529.

  563 Festorazzi v. St. Joseph’s, 104 Ala., 327; 18 So., 394; 25 L. R. A.,
      360; Ex parte Schuler, 134 Mass., 436; Seiber’s Appeal, 9 At., Pa.,
      863; Holland v. Alcock, 108 N. Y., 312; 16 N. E., 305.

  564 Festorazzi v. St. Joseph’s, 104 Ala., 327; 18 So., 394; 25 L. R. A.,
      360.

  565 McHugh v. McCole, 97 Wis., 166; 72 N. W., 352.

  566 Wilson v. Perry, 29 W. Va., 169; 1 S. E., 302.

  567 Jones v. Habersham, 107 U. S., 174; 27 L. Ed., 401.

  568 Good v. Zook, 116 Ia., 582; 88 N. W., 376.

  569 Trustees v. Sturgeon, 9 Pa. St., 321.

  570 Scott v. Curle, 9 B. Mon., 17; Ante, 278, 290.

  571 In re Paulson’s will, 127 Wis., 612; 107 N. W., 484.

  572 Robertson v. Bullions, 11 N. Y., 243.

  573 62 Cen. L. J., 167.

  574 Ould v. Washington, 95 U. S., 303; 24 L. Ed., 450.

  575 Jones v. Habersham, 107 U. S., 174; 27 L. Ed., 401.

  576 Darcy v. Kelley, 153 Mass., 433; 26 N. E., 1110.

  577 Bronson v. Strouse, 57 Conn., 147; 17 At., 699.

  578 Tichenor v. Brewer’s, 98 Ky., 349; 33 S. W., 86.

  579 Banker v. Phelan, 4 Barb., 80.

  580 Bowers v. Fromm, Add., Pa., 362.

  581 Germania v. Baltes, 113 Ill., 29.

  582 McDonald v. Shaw, 98 S. W., 952.

  583 Beaty v. Kurtz, 27 U. S., 566; 7 L. Ed., 521.

  584 Heiss v. Murphy, 40 Wis., 276; Fadness v. Braunburg, 73 Wis., 257;
      41 N. W., 84.

  585 Coe v. Washington, 149 Mass., 543; 21 N. E., 966.

  586 Clark v. Brown, 108 S. W., 421, Tex.

  587 Parker v. Quinn, 23 Utah, 332; 64 Pac., 961.

  588 All Saints v. Brookline, 59 N. E., 1003, Mass.

  589 Green v. Outagamie, 76 Wis., 587; 45 N. W., 536.

  590 Katzer v. City, 104 Wis., 16; 80 N. W., 41.

  591 St. Joseph Hospital v. Ashland, 96 Wis., 636; 72 N. W., 43.

  592 Ramsey v. Church, 45 Minn., 229; 47 N. W., 783.

  593 Gray v. Lafayette, 65 Wis., 567; 27 N. W., 311.

  594 Newport v. Masonic, 108 Ky., 333; 56 S. W., 405; 49 L. R. A., 252.

  595 Trustees v. City, 122 Wis., 452; 100 N. W., 837.

  596 Dahl v. Kimball, 6 Me., 171.

  597 Turner v. Inhabitants, 16 Mass., 208; Goodell Mfg. Co. v. Trask, 28
      Mass., 514.

  598 Muzzy v. Wilkins, Smith, 1; Ebau v. Hendell, 5 Watts, 43; 30 Am.
      Dec., 291.

  599 Miller v. Board, 19 Ill. App., 48; Municipality of Ponce v. R. C. A.
      Ch., 28 Sup. Ct. R., 737; Reuben Quick-Bear v. Leupp, 28 Sup. Ct.
      Repr., 690; Dorner v. Dist., 118 N. W., 353.

  600 53 Cen. L. J., 224.

  601 Hewitt v. Woman’s, 73 N. H., 556; 64 At., 190.

  602 Collins v. New York, 69 N. Y. Supp., 106.

  603 Louisville v. Hammock, 106 S. W., Ky., 219; 14 L. R. A., N. S., 784.

  604 Indianapolis v. Grant, 25 Ind., 518.

  605 Newport v. Masonic, 108 Ky., 333; 56 S. W., 405; 49 L. R. A., 252.

  606 McGee v. German, 13 N. J. Eq., 77.

  607 Miller v. Lerch, Wall. Jr., Pa., 210.

  608 St. Mary’s Industrial School for Boys v. Brown, 45 Md., 310.

  609 White v. Price, 108 N. Y., 661; 15 N. E., 427.

  610 Sec. 5, Ky. Constitution; Contra: N. H. Constitution, art. 6.

  611 Donahue v. Richards, 38 Me., 376; State v. Baily, 157 Ind., 324; 61
      N. E., 730; 54 Cen. L. J., 142.

  612 St. Patrick’s v. Rochester, 34 How. Pr., 227.

  613 People v. Board, 13 Barb., N. Y., 400.

  614 Synod v. State, 2 S. Dak., 366; 50 N. W., 632; 14 L. R. A., 418.

  615 State v. Hallock, 16 Nev., 373; Dorner v. School Dist., 118 N. W.,
      Wis., 353 (Nov. 27, 1908).

  616 Jenkins v. Andover, 103 Mass., 94.

  617 Millard v. Board, 121 Ill., 297; 10 N. E., 669; Dorner v. School
      Dist., 118 N. W., Wis., 353.

  618 Church v. Bullock, 100 S. W., Tex., 1025; Donahue v. Richards, 38
      Me., 379; 56 C. L. J., 81.

  619 State v. Board, 76 Wis., 177; 44 N. W., 967; 7 L. R. A., 330; 53 Am.
      R., 282; 14 L. R. A., 419; Dorner v. School Dist., 118 N. W., Wis.,
      353 (Nov. 27, 1908).

  620 Billard v. Board, 69 Kan., 53; 76 Pac., 422; 66 L. R. A., 166.

  621 Stevenson v. Hanyon, 7 Pa. Co. Ct., 585; State v. Board, 76 Wis.,
      177; 44 N. W., 967; 7 L. R. A., 330; State v. Scheve, 65 Neb., 853;
      91 N. W., 846; 59 L. R. A., 927.

  622 Dorner v. School District, 118 N. W., Wis., 353 (Nov. 27, 1908);
      County v. Industrial School, 125 Ill., 540; 18 N. E., 183; 1 L. R.
      A., 437; 8 Am. St. Rep., 386; O’Connor v. Hendrick, 184 N. Y., 421;
      77 N. E., 612.

  623 Board v. Minor, 23 Ohio, 250; Campanas v. Calderhead, 17 Mont., 548;
      44 Pac., 83; 36 L. R. A., 277.

  624 Spiller v. Woburn, 12 Allen, Mass., 127.

  625 School Commissioners v. State Board, 26 Md., 505.

  626 Donahue v. Richards, 38 Me., 379; 56 Cen. L. J., 81.

  627 Scofield v. State, 27 Conn., 499.

  628 School v. Arnold, 21 Wis., 657.

  629 Sherman v. Charleston, 8 Cushing, Mass., 160; State v. Board, 116 N.
      W., 232; 67 Cen. L. J., 241.

  630 Guernsey v. Pitkin, 32 Vt., 224.

  631 Wood v. Morrow, 35 Wis., 59.

  632 Anderson v. State, 3 Head, Tenn., 455.

  633 Lander v. Seaver, 32 Vt., 114.

  634 Stevens v. Fassett, 27 Me., 266.

  635 Draper v. Cambridge, 20 Ind., 268.

  636 Lane v. Baker, 12 Ohio St., 237; State v. City, 19 Ohio, 178; Van
      Camp v. Board, 9 Ohio St., 406.

  637 Ex parte Plessy, 45 La. Ann., 80; 11 So., 948; 16 Sup. Ct. R., 1138;
      163 U. S., 537; 41 L. Ed., 256; 18 L. R. A., 639.

  638 State v. School Directors, 10 Ohio St., 448.

  639 Jackson v. Hampden, 16 Me., 184.

  640 Markwell v. Pereles, 95 Wis., 406 and 424; 69 N. W., 798 and 984.

  641 Perry v. State, 113 Ga., 936; 39 S. E., 315.

  642 Aycock v. Harrington, 84 Miss., 204; 36 So., 245; 65 L. R. A., 689.

  643 Wright v. Bennett, 7 Ill., 587.

  644 Graham v. Bennett, 2 Cal., 503.

  645 State v. Harris, 63 N. C., 1.

  646 Rex. v. Canon, 7 Car. and P., 438.

  647 Rex. v. Griffen, 6 Cox. C. C., 402.

  648 F. v. F., 1 Ch. (1902), 688.

  649 In re Jacques, 82 N. Y. Sup., 986.

  650 In re Marshall, 33 N. Y. S., 104.

  651 Kennedy v. Borah, 226 Ill., 243; 80 N. E., 767.

  652 Prieto v. Alphonso, 52 La. Ann., 631; 27 So., 153.

  653 Clarkson v. Hatton, 143 Mo., 47; 44 S. W., 761; 65 Am. St. R., 635;
      Matter of Johnson, 98 Cal., 531; 33 Pac., 260; 21 L. R. A., 380;
      Schlitz v. Roenitz, 86 Wis., 31; 56 N. W., 194; 39 Am. St. R., 873;
      21 L. R. A., 482; Markwell v. Pereles, 95 Wis., 406; 69 N. W., 798;
      67 Cen. L. J., 197.

  654 Elliott v. Elliott, 77 Wis., 634; 46 N. W., 806; 57 L. R. A., 155;
      10 L. R. A., 568.

  655 Cole v. State, 75 S. W., 527; 45 Tex.; Cr. App., 225; 57 Cen. L. J.,
      341.

  656 Mutter v. Senibbs, 79 N. E., 762, Mass.

  657 Commonwealth v. McAfee, 108 Mass., 458.

  658 Tuttle v. Sutts, 96 Pac., 260.

  659 Gleason v. Gleason, 4 Wis., 64; 14 Cyc, 846.

  660 32 St. At. L., 636 and 645.

  661 Chap. 1402, U. S. Laws of 1904.

  662 Quick-Bear v. Leupp, 28 Sup. Ct. Rep., 690 (1908).

  663 Sec. 2045, U. S. Statutes.

  664 Secs. 2071 and 2072, U. S. Statutes, and Chap. 188, Laws of 1895.

  665 26 St. At. L., 1014.

  666 Quick-Bear v. Leupp, 28 Sup. Ct. Repr., 690; 27 St. L., 628 and 635.

  667 In re Lehah-puc-ka-chee, 98 Fed., 429.

  668 Chap. 503, Laws of 1888.

  669 Chap. 3, Laws of 1897.

  670 61 Cen. L. J., 101, 289; 62 Cen. L. J., 215, 219.

  671 McCann v. County, 6 Mont., 297.

  672 Hubbard v. Railway, 104 Wis., 160; 80 N. W., 454.

  673 Hochheimer on Custody of Infants, sec. 54; People v. Turner, 55
      Ill., 280; People v. Park, 41 N. Y., 21, 33.

  674 Kleizer v. Symes, 40 Ind., 562; Etchison v, Pergeson, 88 Ga., 620;
      15 S. E., 680; Lucas v. Case, 72 (9 Bush) Ky., 297; York v. Pease,
      68 Mass., 288; Piper v. Woolman, 43 Neb., 280; 61 N. W., 588;
      O’Donahue v. McGovern, 23 Wendell, N. Y., 26; Servatius v. Pichel,
      34 Wis., 292.

  675 Combes v. Rose, 8 Blackf., 155; Servatius v. Pichel, 34 Wis., 292;
      Etchison v. Pergeson, 88 Ga., 620; 15 S. E., 680.

  676 Gardener v. Anderson, Fed. Case, 5220; Rector v. Smith, 11 Ia., 302.

  677 See “Excommunication,” ante. Servatius v. Pichel, 34 Wis., 292; 11
      L. R. A., 592.

  678 Shelton v. Nause, 46 Ky., 128.

  679 Fawcett v. Charles, 13 Wendell, 473.

  680 54 Cen. L. J., 313.

  681 Hellstern v. Katzer, 103 Wis., 391; 79 N. W., 429.

  682 Hills v. State, 61 Neb., 589; 85 N. W., 836.

  683 Konkle v. Haven, 140 Mich., 472; 103 N. W., 850.

  684 Klos v. Zahorik, 113 Ia., 161; 84 N. W., 1046.

  685 Libel and Slander, Townsend, secs. 233, 234; 25 Cyc, 390, 398, 411.

  686 Grace v. Dempsey, 75 Wis., 313; 43 N. W., 1127; Grace v. McArthur,
      76 Wis., 641; 45 N. W., 518.

  687 25 Cyc, 390, 398.

  688 62 Cen. L. J., 180.

  689 Libel and Slander, Townsend, p. 182 (notes).

  690 Libel and Slander, Townsend, sec. 177; 25 Cyc, 398; Edwards v. Bell,
      8 Moore, 467.

  691 Remington v. Congdon, 2 Pickering, 315; Bradley v. Heath, 12
      Pickering, 163.

  692 McConckle v. Binns, 5 Binns, Pa., 340.

  693 MacBride v. Allis, 9 Rich., S. C., 313.

  694 State v. Riggs, 22 Vt., 322.

  695 Commonwealth v. Batchelder, Thach., Mass., Cr. Cas., 191.

  696 Shoe & L. v. Thompson, 18 Abbot’s Pr., N. Y., 413.

  697 Sans v. Joerris, 14 Wis., 663.

  698 5 Cyc, 715; “Disorderly Conduct,” 14 Cyc, 467.

  699 14 Cyc, 540.

  700 Williams v. State, 83 Ala., 78; 3 So., 616.

  701 Hull v. State, 120 Ind., 153; 22 N. E., 117.

  702 Hunt v. State, 3 Tex., 116.

  703 State v. Kirby, 108 N. C., 772; 12 S. E., 1045.

  704 Commonwealth v. Sigman, 2 Clark, Pa., 36.

  705 State v. Wright, 41 Ark., 410; Tanner v. State, 126 Ga., 77; 54 S.
      E., 914.

  706 State v. Shepherd, 54 S. C., 178; 32 S. E., 146; 14 Cyc, 467, 540.

  707 Martin v. State, 65 Tenn., 234.

  708 State v. Leighton, 35 Me., 195.

  709 Marvin v. State, 19 Ind., 181.

  710 Brown v. State, 46 Ala., 175.

  711 State v. Turkhaw, 69 N. C., 215.

  712 Richardson v. State, 5 Tex. App., 470.

  713 U. S. v. Brooks, 4 Cranch, C. C., 427.

  714 People v. Crowley, 23 Hun., 412; McLane v. Mallock, 7 Ind., 525.

  715 Kinney v. State, 38 Ala., 224; State v. Lusk, 68 Ind., 264; State v.
      Edwards, 32 Mo., 548; Tanner v. State, 126 Ga., 77; 54 S. E., 914.

  716 MacLean v. Mallock, 7 Ind., 525.

  717 Wall v. Lee, 34 N. Y., 141.

  718 Meyer v. Baker, 120 Ill., 567; 12 N. E., 79; Commonwealth v. Bearse,
      132 Mass., 542; 42 Am. R., 450; West v. State, 28 Tenn., 66; Cramer
      v. Marks, 64 Pa. St., 151.

  719 5 Cyc, 713; Commonwealth v. Linn, 158 Pa., 22; 27 At., 843; 22 L. R.
      A., 353.

  720 Gaines v. State, 75 Tenn., 410; Holcombe v. Cornish, 8 Conn., 375;
      Bodenheimer v. State, 60 Ark., 10; 28 S. W., 507.

  721 State v. Chandler, 2 Har., Del., 553.

  722 Commonwealth v. Kneeland, 37 Mass. (20 Pick), 206.

  723 People v. Ruggles, 8 Johnson, 225.

  724 State v. Chandler, 2 Harr., Del., 553.

  725 State v. Pepper, 68 N. C., 259.

  726 Odell v. Garnett, 4 Blackf., Ind., 549.

  727 People v. Porter, 2 Park, N. Y. Cr., 14.

  728 State v. Chandler, 2 Harr., Del., 553; Commonwealth v. Kneeland,
      Thach., Mass. Cr. Cas., 346.

  729 Miller v. State, 76 Ind., 310.

  730 Petty v. State, 58 Ark., 1; 22 S. W., 654.

  731 Splane v. Commonwealth, 12 At., Pa., 431.

  732 Commonwealth v. Keiten, 1 Monag., 368.

  733 Cain v. Daly, 74 S. C, 480; 55 S. E., 110.

  734 Ex parte Jentisch, 112 Cal., 468; 44 Pac., 803.

  735 State v. Lorey, 66 Tenn., 95.

  736 State v. Krech, 10 Wash., 166; 38 Pac., 1001.

  737 People v. Havenor, 149 N. Y., 195; 43 N. E., 541; 3 L. R. A., 689;
      State v. Dolan, 13 Idaho, 693; 92 Pac., 995; 14 L. R. A., N. S.,
      1259.

  738 Flag v. Inhabitants, 58 Mass., 243; Doyle v. Lynn, 118 Mass., 195.

  739 Hayden v. Mitchell, 103 Ga., 431; 30 S. E., 287.

  740 Roth v. Hacks, 68 Mo. App., 283.

  741 Hofer v. Cowan, 55 Cen. L. J., 290.

  742 Byrant v. Watson, 127 Ind., 42; 26 N. E., 687; Allen v. Duffy, 43
      Mich., 1; 4 N. W., 427; 11 L. R. A., 63; Dale v. Knapp, 98 Pa., 389.

  743 Society v. Commonwealth, 52 Pa., 125; Parker v. State, 84 Tenn.,
      476.

  744 McCabe v. Father Matthews, 24 Hun., 149; People v. Young, 67 Barb.,
      357.

  745 Philadelphia v. Lehman, 56 Md., 209; Kroer v. People, 78 Ill., 294.

  746 Fox v. Abel, 2 Conn., 541.

  747 Bryant v. Inhabitants, 30 Me., 193; Tracy v. Jenks, 32 Mass., 465.

  748 Carpenter v. Crane, 1 Root, Conn., 98.

  749 Judefinde v. State, 78 Md., 510; 28 At., 405; 22 L. R. A., 721,
      note.

  750 55 Cen. L. J., 44; 56 Cen. L. J., 261; State v. Cheneworth, 163
      Ind., 94; 71 N. E., 197; 59 Cen. L. J., 202.

  751 Speed v. Tomlinson, 73 N. H., 46; 59 At., 376; 68 L. R. A., 432.

  752 State v. Rodgers, 128 N. C., 576; 38 S. E., 34.

  753 U. S. v. Moore, 104 Fed., 78.

  754 Constant v. Rector, 4 Daly, 1.

  755 Frederickson v. W. R. Cem. Ass., 133 Wis., 502; 113 N. W., 1023.

  756 14 Op. Atty-Gen., 27; secs. 4780-4782, U. S. Statutes; 16 Op.
      Atty-Gen., 13.

  757 20 St. at L., 281.

  758 Sohier v. Trinity Ch., 109 Mass., 1; City v. Town, 82 Wis., 374; 52
      N. W., 425.

  759 Trustees v. Manning, 72 Md., 116; 19 At., 599.

  760 Porch v. St. Bridget’s, 81 Wis., 599; 51 N. W., 1007.

  761 In re Highland, 4 Pa. Dist. Rep., 653.

  762 Commonwealth v. Fisher, 7 Phil., 264; Bourland v. Springdale, 158
      Ill., 458; 42 N. E., 86.

  763 City v. Watson, 56 N. J. L., 667; 24 L. R. A., 843; 49 Cen. L. J.,
      307.

  764 Coates v. City, 7 Cowan, N. Y., 585; Humphrey v. Frost, 109 N. C.,
      132; 13 S. E., 793; City v. Austin, 87 Tex., 330; 28 S. W., 528; 47
      Am. St. R., 114.

  765 Stockton v. City, 42 N. J. Eq., 531; 9 At., 203; First v. Meyers, 5
      Okla., 819; 50 Pac., 70; 38 L. R. A., 329.

  766 Steams v. Manchester, 63 N. H., 390; Henry v. Trustees, 48 Ohio,
      671; 30 N. E., 1122.

  767 Upjohn v. Board, 46 Mich., 542; 9 N. W., 845.

  768 Edwards v. Stonington, 20 Conn., 466.

  769 Oakland v. People, 93 Tex., 569; 57 S. W., 27; 55 L. R. A., 503.

  770 Louisville v. Nevin, 73 Ky., 549; First v. Hazel, 63 Neb., 844; 89
      N. W., 378.

  771 Page v. Simons, 63 N. H., 17.

  772 Wygant v. McLaughlin, 39 Or., 429; 64 Pac., 867; 54 L. R. A., 636;
      53 Cen. L. J., 48.

  773 Trustees v. Manning, 72 Md., 116; 19 At., 599; Close v. Glenwood,
      107 U. S., 466; 2 Sup. Ct. R., 267; 27 L. Ed., 408; Matter of Bd. of
      Street Opening, 133 N. Y., 329; 31 N. E., 102; 28 Am. St. R., 640;
      16 L. R. A., 180.

  774 In re Waldron, 26 R. I., 84; 58 At., 453; 67 L. R. A., 118; Wright
      v. Hollywood, 112 Ga., 884; 38 S. E., 94; 52 L. R. A., 621.

  775 Perkins v. Mass., 138 Mass., 361.

  776 Wright v. Hollywood, 112 Ga., 884; 38 S. E., 94.

  777 People v. Trustees, 21 Hun., 184; McGuire v. St. Pat. C. C., 3 N. Y.
      Sup., 781; Baltimore v. Manning, 72 Md., 116; 19 At., 599.

  778 Palmer v. Cypress, 122 N. Y., 429; 25 N. E., 983.

  779 Conger v. Weyant, 55 Hun., 605.

  780 Baltimore v. Manning, 72 Md., 116; 19 At., 599.

  781 Went v. Methodist, 80 Hun., 266; Adams v. First, 148 Mich., 140; 111
      N. W., 757; 11 L. R. A., N. S., 509.

  782 Lakin v. Ames, 64 Mass., 198.

  783 Donnelly v. Boston, 146 Mass., 163; 15 N. E., 505.

  784 Rawson v. School, 89 Mass., 299.

  785 St. Johns v. Haans, 31 Pa. St., 9.

  786 Dangerfield v. Williams, 26 App., S. C., 508.

  787 Silverwood v. Latrobe, 68 Md., 620; 13 At., 161.

  788 Bessimer v. Jenkins, 111 Ala., 135; 18 So., 565; 66 Am. St. R., 26.

  789 Davidson v. Reed, 111 Ill., 167; 53 Am. R., 613; Boyce v. Kalbough,
      47 Md., 334.

  790 Burke v. Wall, 29 La. Ann., 38; Seymour v. Page, 33 Conn., 61;
      Perkins v. Mass., 138 Mass., 361.

  791 Hyde Park v. Oakwoods, 119 Ill., 141; 7 N. E., 627; Matter of Bd. of
      Street Opening, 133 N.Y., 329; 31 N. E., 102; 28 Am. St. E., 640 L.
      R. A., 180.

  792 Eastern v. City of Louisville, 13 Ky. L. Rep., 279; 15 S. W., 1117.

  793 Burke v. Wall, 29 La. Ann., 38; Appeal of Gumbert, 110 Pa. St., 496;
      1 At, 437.

  794 In re Reformed, 7 Howard’s Pr., 476; Scoville v. MacMahon, 62 Conn.,
      378; 26 At., 479.

  795 Antrim v. Malsbury, 43 N.J. Eq., 288; 13 At., 180.

  796 Hertle v. Riddell, Ky., 106 S. W., 282; 15 L. R. A., N. S., 796.

  797 Lewis v. Walker, 165 Pa. St., 30; 30 At., 500.

  798 State v. Wilson, 94 N. C., 1015.

  799 Farelly v. Metairie, 42 La. Ann., 28; 10 So., 386; Commonwealth v.
      Maria, 2 Weekly Notes Cases, 244.

  800 Hullman v. Honcomp, 5 Ohio St., 237.

  801 MacGuire v. St. Patrick’s, 54 Hun., 207.

  802 Dwenger v. Geary, 113 Ind., 106; 14 N. E., 903; Nance v. Busby, 91
      Tenn., 303; 15 L. R. A., 801.

  803 Mt. Maria v. Commonwealth, 81 Pa. St., 235; 22 Am. Rep., 743;
      Cemetery Co. v. Walker, 29 Ky. L. R., 1252; 97 S. W., 34; 7 L. R.
      A., N. S., 155.

  804 Larson v. Chase, 47 Minn., 307; 50 N. W., 238; 14 L. R. A., 85; 28
      Am. St. R., 370; Pettigrew v. P., 207 Pa., 313; 56 At., 878; 64 L.
      R. A., 179.

  805 McEntee v. Bonacum, 66 Neb., 651; 92 N. W., 633; 66 L. R. A., 440.

  806 Hook v. Joyce, 94 Ky., 450; 22 S. W., 651; 21 L. R. A., 96.

  807 Columbus v. C., 82 Wis., 334; 52 N. W., 425; 16 L. R. A., 695; Mt.
      Hope v. Boston, 158 Mass., 509; 33 N. E., 695; 35 Am. St. R., 515;
      Kincaid’s Appeal, 66 Pa. St., 411; 5 Am. R., 377; Bessimer v.
      Jenkins, 111 Ala., 135; 56 Am. St. R., 26; 18 So., 565.

  808 Wilson v. Reed, 68 At., 37, N. H.; Wormley v. Wormley, 207 Ill.,
      411; 60 N. E., 865; 3 L. R. A., N. S., 481.

  809 Thirkfield v. Mountain, 12 Utah, 76; 41 Pac., 564; Wright v.
      Hollywood, 112 Ga., 884; 38 S. E., 94; 52 L. R. A., 621.

  810 Toppin v. Moriarty, 59 N. J. Eq., 115; 44 At., 469; 50 Cen. L. J.,
      21.

  811 Cohen v. Cong., 99 N. Y. S., 732.

  812 Feeley v. Andrews, 191 Mass., 313; 77 N. E., 766; State v. McLean,
      121 N. C., 589; 28 S. E., 140; 42 L. R. A., 721.

  813 McEntee v. Bonacum, 66 Neb., 651; 92 N. W., 633; 66 L. R. A., 440.

  814 Mutual, etc., v. Griesa, 156 F., 398.

  815 Hayes v. State, 112 Wis., 304; 87 N. W., 1076.

  816 14 L. R. A., 85; Young v. College of Physicians, 81 Md., 358; 32
      At., 177; 31 L. R. A., 540; Meyers v. Clarke, 28 Ky. L., 1000; 90 S.
      W., 1049; 5 L. R. A., N. S., 727.

  817 Lindh v. Ry., 99 Minn., 408; 109 N. W., 823; 7 L. R. A., N. S.,
      1018.

  818 Long v. Ry., 15 Oklahoma, 512; 86 Pac., 289; 6 L. R. A., N. S., 883;
      Griffith v. Charlotte, 23 S. C., 25; 55 Am. Rep., 1.

  819 Koerber v. Patek, 123 Wis., 453; 102 N. W., 40; Thompson v. State,
      105 Tenn., 177; 58 S. W., 213; 80 Am. St. R., 875; 51 L. R. A., 883.

  820 Williams v. Williams, 20 Ch. Div., 659.

  821 Reg. v. Fox, 2 Q. B., 246.

  822 52 Cen. L. J., 141.

  823 O’Donnell v. Slack, 123 Cal., 285; 55 Pacific, 906; 43 L. R. A.,
      388; Neighbors v. Neighbors, 23 Ky. L., 1433; 65 S. W., 607; Larson
      v. Chase, 47 Minn., 307; 50 N. W., 238; 14 L. R. A., 85.

  824 Enos v. Snyder, 131 Cal., 68; 63 Pac., 170; 82 Am. St. R., 330; 53
      L. R. A., 21.

  825 Thompson v. Deeds, 93 Ia., 228; 61 N. W., 842.

  826 Durrell v. Haywood, 75 Mass., 248.

  827 Boham v. Loeb, 107 Ala., 604; 18 So., 300; Hamilton v. State, 30
      Ind., 482; Partridge v. First, 39 Md., 631; Fletcher v. Evans, 140
      Mass., 24; 2 N. E., 837.

  828 Commonwealth v. Viall, 84 Mass., 512.

  829 Donnelly v. Boston, 146 Mass., 163; 15 N. E., 505.

  830 Houston v. Drew, 13 Tex. Cir. App., 536; 36 S. W., 802.

  831 Robertson v. Bullions, 11 N. Y., 243.

  832 Canadian v. Palmenter, 180 Mass., 415; 62 N. E., 740.

  833 Barabasz v. Kabat, 86 Md., 23; 37 At., 720.

  834 In re Hawkins, 165 N. Y., 188; 58 N. E., 884.

  835 Chapin v. Holyoke, 165 Mass., 280; 42 N. E., 1130; Am. & Eng. Cyc.
      of L., “Taxation.”

  836 In re Barry, 164 N. Y., 18; 58 N. E., 12.

  837 American Law of Electors, McCrary, sec. 41.

  838 Lansing v. Haynes, 95 Mich., 16; 54 N. W., 699; Baacke v. Baacke, 50
      Neb., 18; 69 N., 303; Jones, Jr., estate, 211 Pa., 364; 60 At., 915;
      69 L. R. A., 940; White v. B. of A. Y., 124 Ia., 293; 99 N. W.,
      1071; 66 L. R. A., 164.

  839 Rogers v. Elliott, 146 Mass., 349; 15 N. E., 768; Davis v. Sawyer,
      133 Mass., 289; 43 Am. R., 519; Harrison v. St. Mark’s, 12 Phil.,
      259; Soltau v. DeHeld, 9 Eng. L. & E., 104; Leete v. Pilgrim Cong.
      Ch., 14 Mo. App., 590.

  840 Osborne v. Osborne, New York, Sept. 12, 1908; Landry v. Bellanger,
      45 So., 956; 15 L. R. A., N. S., 463; Lawson v. Lawson, 30 Tex. Civ.
      App., 43; 69 S. W., 246; Schmitt v. Schneider, 109 Ga., 628; 35 S.
      E., 145.

  841 14 Cyc, 466.

  842 Minagham v. State, 77 Wis., 643; 46 N. W., 894; Gilmore v. Fuller,
      198 Ill., 130; 65 N. E., 84.

  843 Am. & Eng. Ency. of L., “Stara decisis,” “Res judicata”; 67 Central
      L. Journal, 255; Pautz v. Plankinton, 126 Wis., 37; 105 N. W., 482;
      Whittaker v. Mich. M. L. Ins. Co., 83 N. E., 899.

  844 Bonacum v. Murphy, 71 Neb., 463; 104 N. W., 180.

  845 U. S. Bankruptcy Act, sec. 1, sub-sec. 25.

  846 20 Cyc, 457.

  847 20 Cyc, 1243; Insolvent Corporations, Wait, sec. 637.

  848 20 Cyc, 469.