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
*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)
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