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.”