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
*115.* _Minor._—Where the legal members of a society that is incorporated
consist of male members of the church of full age, when minor sons become
of age, they become legal members of the corporation, provided they remain
in the church.(212)
*116.* _Officers, Non-Members._—It has been held that a person may be an
officer or member of the church corporation or its temporal concerns
without being a member of the denomination.(213)
*117.* _Debts, Unincorporated Parish._—In Connecticut members of an
ecclesiastical society formed by voluntary association under the statutes
of the State are not individually liable for the debts of such
society.(214) But where there is no statute on the subject, the members of
an unincorporated parish are liable for lawful debts contracted or
ratified by them, and their property may be levied on for such debts
incurred or judgments rendered while they are members of the society.(215)
The members of an unincorporated parish may be sued to recover the salary
of a deceased pastor up to the time of his death.(216)
*118.* _Execution, Property._—While an execution against a territorial
parish may be levied on the property of a member of the parish, it can not
be levied on property of a person who ceased to be a member before the
levy.(217)
*119.* _Incorporated, Subscriptions._—The members of an incorporated poll
parish are not individually liable on a judgment and execution against the
corporation, excepting on the unpaid subscriptions.(218)
*120.* _Expelled, Merits._—Mandamus can not be resorted to to restore a
member regularly expelled from his church, as a court will not inquire
into the merits of the case.(219)
*121.* _Lay Members, Appointed._—Where the statute provides that two lay
members of the corporation of a Catholic parish shall be appointed
annually “by the committee of the congregation,” the members of the
congregation have no right to elect said two members, and those appointed
in the proper manner are lawful officers.(220)
CHAPTER X. HERESY AND SECESSION
*122.* _Mother Church, Control._—A majority of the members of a
congregation can not by their vote leave the church and transfer the
property of the congregation to another church so long as any portion of
the congregation remains faithful to the mother church of which such
congregation forms a part. Such minority shall retain control of the
property.(221)
*123.* _Seceders, Funds._—Nor can seceders from a religious denomination
retain the funds in their hands as trustees on the ground that they were
members of the society when the funds accrued.(222) The title to church
property in a divided congregation is in that part of the congregation
which is acting in harmony with its own law; and the ecclesiastical laws
and principles which were accepted among them before the dispute began are
the standards for determining which party is right.(223)
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