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The Clergyman's Hand-book of Law: The Law of Church and Grave

Chapter 37: Index
By Charles Martin Scanlan
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About This Book

A concise practical handbook that guides clergy through the legal principles governing religious organizations, explaining how civil and canon law apply to churches, societies, and religious institutions. It systematically treats corporate forms, authority structures, membership, discipline, and procedures for elections, meetings, and tribunals; addresses property, contracts, pew rights, bequests, taxation, cemeteries, schools, and eleemosynary institutions; and outlines evidentiary and court processes, family and juvenile issues, libel and criminal matters. The emphasis is on clear, accessible rules and references to help clergy navigate legal obligations and resolve disputes involving church affairs.

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.
Action in church tribunal, 86;
for expulsion, 137;
unincorporated party, 217;
slander by deceased, 382.
Acts of majority, when void, 177.
Adjournment, 181.
Adoption of children, 367.
Adoration, 29.
Adverse possession, cemetery, 446;
church property, 257.
Aid from Government, 46.
Agent, priest of bishop, 270.
Alabama, bequest for Masses, 316.
Ambiguity, proof clearing, 326.
Ambiguous provision, proof, 272.
America, civil and common law, 17.
Anonymous letter not privileged, 224.
Answer of priest as witness, 222.
Appeal, church tribunal, 86;
right of, 206.
Application, for cemetery, 427.
Appointed officers, 121.
Appropriation for hospital, 44;
can not be from taxes, 335;
indirect, 335, 46, 28, 375.
Argument when privileged, 387, 386.
Arrears, pew rent, membership, 250.
Arrest, authority, damages, 474.
Assault and battery, 387.
Assessment, of pews, 243;
of cemetery void, 293.
Assistance to enforce order, 356.
Association, discipline, bishop, 454.
Attainder, not lawful, 36.
Attendance, test of membership, 144.
Authority in ancient nations, 3;
inferior must obey, 85, 93;
use of force by priest, 100;
court may decide contested, 112;
of priest as to cemetery, 281;
of sexton in church, 314;
of teacher outside of school, 355;
to cut trees in cemetery, 469.
Autopsy, authority to make, 462.
B
Bankruptcy, church, 302.
Bailee, gift of, 483;
donor, 483.
Ballot, when required, 149.
[pg 252]
Baptism, how to record, 191.
Bells, ringing a nuisance, 479.
Benefit, work for, on Sunday, 409.
“Benefit of the Clergy,” 10.
Bequest, legatees, religion, 136, 320;
purpose of enforceable, 284;
laws of state control, 306;
consent of heirs to change, 313;
mistake may not defeat, 317.
Birth, how record kept, 191.
Bible in schools, 29, 49, 218, 347, 348;
constitution of sect, 127;
constitutional rights, 350;
Indian schools, 375.
Bigamy, unconstitutional, 38;
charge of, slander, 384.
Bishop, superior authority, 81, 83;
subject to Pope, 82;
discipline of priest, 99;
church debts, 169, 261;
removal of priest, 199;
deed of church land, 287;
control over cemetery, 454;
removal of bodies, 460;
societies, control of, 473.
Bishop's residence, taxes, 331.
Blasphemy, a crime, 405, 218.
Blessed Virgin, 406.
Board acts as body only, 360;
authority outside of school, 355.
Bodies, change of cemeteries, 450;
custody of deed, 457;
disposing by will, 466;
property in, 465.
Bologna, law school of, 14.
Burned church, land title, 294.
Building, liability of members, 56;
subscriptions for, 275;
committee, liability, 170;
contracts, liability, 233.
Burial, right of, 113;
regulations, 429, 445;
non-resident, 458;
right to control, 464.
Burying dogs in cemetery, 452.
Business, religion, 110;
notice of meeting, 176;
law will enforce, 230;
Sunday, 408;
or property, libel of, 394.
By-laws of sects and church, 22;
govern elections, 148, 152;
subject to state law, 153;
control officers, 153, 159;
amending, 252;
of cemetery association, 445.
C
California missions, 268.
Canon Law, analysis, 6.
Canons of the church, title, 280.
Casting vote, chairman, 186.
Catholic Church, corporation, 58;
control of pews in, 239;
free pews, reformation, 237;
discipline, suits, 208.
Cemetery, authority over, 281;
assessment for taxes, 293;
Indian, 372.
Certificate, cemetery lot, 438;
conditions of, 454;
of election, effect of, 157.
Certified copies as evidence, 192.
Challenge of voter, 147;
waiver of, 186.
“Chances,” “fairs,” unlawful, 420.
[pg 253]
Change of use of land, 53;
of church government, 67;
name of church, 69;
doctrine, membership, 289;
burial place, 450.
Charge for services, 166.
Charges against member, 202, 389.
Charitable institutions, 333, 338;
liability, 470;
trust, trustee, 325.
Charity, definition of, 328, 409;
Elks, Masons, 333;
of debtor, 483.
Charivari, unlawful, 481.
Charter limits corporation, 153;
by-laws under, 252;
real estate, 339;
of cemetery, 428.
Chastisement, by teacher, 354.
Child, rights, duties, 361, 370;
expelling from school, 352;
religion of, 365;
out of school, 352, 355.
“Christian Healer,” consent to 417.
“Christian Scientist,” manslaughter, 42.
Christians, who, are, 24.
Church, definition, 20, 23, 24, 398;
secession, heresy, 70, 126;
debts of, bishop, 169;
removal of, authority, 275;
buildings, use of, 276;
majority control, 289;
Indian churches, 372;
personal property, when, 299;
and state, 15;
records, evidence, 191;
births, baptisms, 191;
when libelous, 381;
tribunals, authority, 216.