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
*468.* _Tombstone, Mother-in-Law._—A husband has the right to remove a
tombstone that his mother-in-law put over his wife’s grave, and put up one
of his own choice instead.(826) The general rule is that vaults and
tombstones are personal property and may be removed “in good faith and
with care and decency” by the next of kin.(827)
*469.* _Trees, Authority._—It is a criminal offense to cut trees in a
cemetery without right or authority.(828)
*470.* _Charitable, Institution, Negligence._—A Catholic cemetery without
capital stock or shares and paying no profits nor dividends, does not come
under the head of a charitable institution so as to relieve it from
liability for negligence.(829)
*471.* _Equity, Repair, Injuries._—A cemetery association may by bill in
equity be forced to keep walks and drives in good repair and consequently
is liable for injuries resulting from its negligence.(830)
CHAPTER XXXIV. MISCELLANEOUS
*472.* _Societies, Law._—Religious societies organized in connection with
a church or congregation are in law civil societies and not ecclesiastical
corporations, and are governed by the law of the land. Therefore, the law
of fraternities fully covers all questions that arise in such societies.
The subject is too comprehensive to be treated at any length here.(831)
*473.* _Society, Bishop._—A society may expel a member on due notice and a
fair trial. The refusal of the bishop to recognize a fraternity organized
as a Roman Catholic society, does not prevent the society and its officers
from exercising the powers of a religious corporation conferred by law nor
prohibit its members from maintaining their religious worship.(832)
*474.* _Priest, Doorkeeper, Policemen, Arrest._—A priest who was in charge
of a parish and had control of the temporalities consisting of pew-rents,
Sunday and other collections, graveyard, church, school, fees, and
donations, on account of disorderly behavior of members issued tickets to
those to be admitted and ordered a doorkeeper to prevent others from
entering the church. A woman without a ticket and talking loudly,
endeavored to force her way into the church, although there were several
policemen on duty who attempted to stop her. She was arrested and her
husband brought suit for false imprisonment. The court held that a
clergyman has a right to keep disturbers out of the church and that the
doorkeepers have a right to use sufficient force to carry out the orders
of the priest; but when a doorkeeper went beyond those orders by causing
the arrest of the woman, he was not acting within the apparent scope of
his employment and the priest was not liable.(833)
Public-domain text, read in full here on John Shaqi.
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