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
*109.* _Minister, Dismissal, Money Advanced._—After a parish has voted to
dismiss the minister, it is not competent to prove irregular conduct or
immorality in answer to his claim for salary, without alleging it in the
vote of dismissal.(199) In Illinois it was held that a priest who advanced
money from his private resources for improving church property, had an
equitable lien upon the property for all the money advanced, with legal
interest.(200) But in Pennsylvania, where a priest under the direction of
the bishop built a church in his parish for mission purposes, and in doing
so expended some of his own money, it was held that in the absence of
proof of any rule or custom of the Catholic Church making the payment of
such expenses obligatory on the parish, that he could not recover the
money so expended from his congregation.(201)
CHAPTER IX. MEMBERSHIP
*110.* _Business, Religious Membership._—Unless there is some other law or
rule to the contrary, the male members of the congregation over twenty-one
years of age constitute the business membership of a religious
society.(202) But the question of membership of religious societies or
congregations is left to be determined by the rules of the religious
denomination to which they belong.(203) And where a condition of
membership is that the person must contribute to the support of the church
and be a communicant, if he is not a communicant he is not entitled to
vote.(204)
*111.* _Regular, Doctrines, Support._—The ones who adhere and submit to
the regular order and doctrines of the church, although a minority,
constitute the true congregation.(205) At least two things must concur to
qualify a person as a voter: first, stated attendance at divine worship in
the congregation; and, second, contribution to the support of the
church.(206) The list of members kept by the clerk or secretary of the
congregation is evidence of membership.(207) A person who denies any part
of the system of theology received and taught by the denomination is not a
member of the church.(208)
*112.* _Factions, Authority._—Where two factions of a church, each
claiming to be the church, try members of the other faction, a court may
determine which of the factions is the authorized authority or that the
action taken by either or both of them is nugatory for want of
authority.(209)
*113.* _Faith, Burial._—Whether a person died in the faith of the Roman
Catholic Church so as to be entitled to burial in its cemetery, is not a
question within the jurisdiction of civil courts, but must be decided by
the ecclesiastical authorities.(210)
*114.* _Rules, Membership._—Every denomination has the right to prescribe
by rules, its constitution, or its by-laws, the conditions of membership;
and any one who will not subscribe to and practise the doctrines of the
denomination is not a member.(211)
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