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
*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)
Public-domain text, read in full here on John Shaqi.
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