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