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
*480.* _Marriage, Impediments, Recording._—Legal marriage may be
contracted only between unmarried persons not related within the
prohibited degrees of consanguinity or affinity, of lawful age and
sufficient mental and physical capacity. Statutes vary greatly. In some
States affinity is not considered a legal objection and first cousins may
marry; in others, both are prohibited and other limitations of
relationship, race, and color are fixed, and registration of the clergymen
and licenses to wed are required. Also, the clergyman must report the
marriage promptly to the proper office. Fines, penalties, and imprisonment
are usually provided for violating the law. Informal marriages may or may
not be voidable or void.(840)
*481.* _Charivari, Wedding Pranks._—Charivari, assaults, and disorderly
conduct are unlawful at all times, and can not be justified by
custom.(841) A newly wedded man who was serenaded (charivaried) by his
neighbors by firing guns, blowing horns, beating pans, rattling
horse-fiddles, etc., after ordering the rioters off fired into the crowd
and wounded one of them. On trial for assault with intent to kill, the
groom was acquitted. Shooting might not be justifiable in cases where less
potent agencies, such as a horsewhip or dogs, are sufficient, or where the
immediate protection of person or property does not call for it. The law
should be invoked when no exigency for force exists.(842)
*482.* _Infallibility of Courts._—When a question of law at issue in a
case is duly presented to a supreme court which is the court of last
resort, its decision thereon becomes “the law of the case” and is
thereafter binding upon the court itself and all the courts inferior to
it; and no matter how often that identical case may come before the court
on subsequent appeals, the questions already decided therein will not be
reconsidered. It is interesting to compare this principle of our courts
with Papal infallibility.(843) Courts do not always adhere to the
rule.(844)
*483.* _Money Stolen, Bailed or Loaned, Insolvency, Gifts._—Property
stolen by A. or left with him as bailee to be returned in specie, can not
be given away by him for charity. Also, when a man is insolvent he has no
right to give away any of his property.(845) That has been the rule of law
since Coke laid down the maxim: “A man must be just before he is
generous.” One is insolvent when his debts exceed the value of his
unexempt property.(846) When an insolvent debtor makes a gift, a creditor
may sue and recover from the donee; or in a proper case the creditor may
force the debtor into bankruptcy to recover the gift.(847) The want of
knowledge or good faith of the donee is immaterial and no defense to an
action to recover the property.(848)
INDEX
The References Are To The Sections.
A
Abandoned cemetery, 449;
property reverts, 295.
Accepting a draft, officer, 162.
Access to cemetery, right of, 442.
Account, officers must, 297.
Public-domain text, read in full here on John Shaqi.
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