The Clergyman's Hand-book of Law: The Law of Church and Grave — John Shaqi
The Clergyman's Hand-book of Law: The Law of Church and GraveScanlan, Charles Martin
Religion
The Clergyman's Hand-book of Law: The Law of Church and Grave
Scanlan, Charles Martin
Burial laws -- United States; Ecclesiastical law -- United States
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
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account