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
*208.* _Catholic Discipline._—A church member has no right to sue any one
in holy orders in the civil court without leave. That is, a layman or
priest should obtain leave of the bishop to sue a priest. In some
countries it is ground for excommunication to violate the rule. This rule
is analogous to the general rule that a sovereign state can not be sued
without its consent.(372) In this country, where there is no
ecclesiastical court recognized in law, leave is rarely asked.(373)
CHAPTER XVII. STATE COURTS
*209.* _Decision, Ecclesiastical Matter._—The decision of the highest
tribunal of the church on a purely ecclesiastical matter will not be
disturbed by civil courts unless it is in open defiance and express
violation of the constitution of such body.(374)
*210.* _Right of Property, Civil Rights._—Where there are several church
tribunals one above another, when the highest tribunal having jurisdiction
of the case has decided a question as to the right of property, a civil
court will accept such decision of the church tribunal as conclusive.(375)
The courts give way to the usages and regulations of the church so far as
they are not inconsistent with the constitution and laws of the
State.(376) As far as civil rights are concerned, the statute of
limitations may be pleaded even where those rights are founded upon some
law or rule of the denomination.(377)
*211.* _Creed, Factions, Property, Management._—The supreme court
exercises no ecclesiastical jurisdiction, but accepts what the highest
ecclesiastical authority in each church promulgates as the faith and
practice of that church, and will not determine for itself what that faith
or creed is in order to establish the rights of respective factions in the
church to the church property. But a majority of a congregation that
secedes from the church and forms a new organization can not claim any of
the property.(378) The civil courts will not interfere with church
management so far as concerns the spiritual discipline of the members, but
where civil rights of property are involved, the courts may determine
them.(379) The civil rights of a religious society or its members are
within the jurisdiction of the State courts.(380)
*212.* _Trust, Court of Equity._—A conveyance in trust for the use of a
church vests the use in the church and it will be protected by a court of
equity.(381)
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