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
*227.* _United States, Rules._—In the United States courts, the rule
prevails that such confidential communications to a priest shall not be
divulged.(406)
*228.* _Presumptions, Usage._—The usage of a church or the laws of its
organization as a religious society, if they are to be considered in
deciding legal controversies, must be proved as facts.(407) In the absence
of proof, it will be presumed that subordinate bodies, as congregations,
can not dissolve their connection with the principal organization without
permission.(408)
*229.* _Funeral Expenses._—Witnesses’ opinions as to the reasonable amount
for burial or as to the cost of a funeral being reasonable, are not
binding on a court or jury. The station of a man, the property that he
leaves, the life that he has followed, all should be considered by the
court. The whims and notions of societies and others are of minor
consideration. Those who make funeral expenses that are not allowed by the
court must pay them.(409)
CHAPTER XIX. CONTRACTS
*230.* _Business, Religious Service._—A church organization has the legal
right to make any contract concerning its own affairs that is not
prohibited by its by-laws or its charter, subject to all laws of legal
contracts in the business world. When the consideration is a religious
service duly performed, there seems to be no objection to it. Therefore, a
minister may collect for preaching a sermon, attending the sick, or saying
prayers, or performing any other religious service. But an incorporated
church has no authority to enter into a contract for an ulterior purpose,
such as the employment of a vessel for the purpose of an excursion.(410)
*231.* _Incorporated Body._—The only way a religious society that is
incorporated can make a contract is by a vote of the aggregate body or of
the board of trustees, or through an agent authorized by a vote of one
body or the other.(411)
*232.* _Mortgage, Deficiency Judgment._—Where a mortgage had been
foreclosed against church property before the congregation was
incorporated, a deficiency judgment can not be rendered against such
church corporation.(412) But where a congregation was incorporated after a
debt had been incurred and took charge of the property, it assumed the
debt.(413)
*233.* _Building Contracts._—The taking part in a meeting by voting and
appointing committees to make contracts will bind those taking part in all
contracts made in accordance with the directions of such meeting. In some
States the individuals are held only to the amount that each subscribes,
but in other States each individual is liable for the entire debt.(414)
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