CHAPTER IX. MEMBERSHIP

*110.* _Business, Religious Membership._—Unless there is some other law or

rule to the contrary, the male members of the congregation over twenty-one

years of age constitute the business membership of a religious

society.(202) But the question of membership of religious societies or

congregations is left to be determined by the rules of the religious

denomination to which they belong.(203) And where a condition of

membership is that the person must contribute to the support of the church

and be a communicant, if he is not a communicant he is not entitled to

vote.(204)

*111.* _Regular, Doctrines, Support._—The ones who adhere and submit to

the regular order and doctrines of the church, although a minority,

constitute the true congregation.(205) At least two things must concur to

qualify a person as a voter: first, stated attendance at divine worship in

the congregation; and, second, contribution to the support of the

church.(206) The list of members kept by the clerk or secretary of the

congregation is evidence of membership.(207) A person who denies any part

of the system of theology received and taught by the denomination is not a

member of the church.(208)

*112.* _Factions, Authority._—Where two factions of a church, each

claiming to be the church, try members of the other faction, a court may

determine which of the factions is the authorized authority or that the

action taken by either or both of them is nugatory for want of

authority.(209)

*113.* _Faith, Burial._—Whether a person died in the faith of the Roman

Catholic Church so as to be entitled to burial in its cemetery, is not a

question within the jurisdiction of civil courts, but must be decided by

the ecclesiastical authorities.(210)

*114.* _Rules, Membership._—Every denomination has the right to prescribe

by rules, its constitution, or its by-laws, the conditions of membership;

and any one who will not subscribe to and practise the doctrines of the

denomination is not a member.(211)

*115.* _Minor._—Where the legal members of a society that is incorporated

consist of male members of the church of full age, when minor sons become

of age, they become legal members of the corporation, provided they remain

in the church.(212)

*116.* _Officers, Non-Members._—It has been held that a person may be an

officer or member of the church corporation or its temporal concerns

without being a member of the denomination.(213)

*117.* _Debts, Unincorporated Parish._—In Connecticut members of an

ecclesiastical society formed by voluntary association under the statutes

of the State are not individually liable for the debts of such

society.(214) But where there is no statute on the subject, the members of

an unincorporated parish are liable for lawful debts contracted or

ratified by them, and their property may be levied on for such debts

incurred or judgments rendered while they are members of the society.(215)

The members of an unincorporated parish may be sued to recover the salary

of a deceased pastor up to the time of his death.(216)

*118.* _Execution, Property._—While an execution against a territorial

parish may be levied on the property of a member of the parish, it can not

be levied on property of a person who ceased to be a member before the

levy.(217)

*119.* _Incorporated, Subscriptions._—The members of an incorporated poll

parish are not individually liable on a judgment and execution against the

corporation, excepting on the unpaid subscriptions.(218)

*120.* _Expelled, Merits._—Mandamus can not be resorted to to restore a

member regularly expelled from his church, as a court will not inquire

into the merits of the case.(219)

*121.* _Lay Members, Appointed._—Where the statute provides that two lay

members of the corporation of a Catholic parish shall be appointed

annually “by the committee of the congregation,” the members of the

congregation have no right to elect said two members, and those appointed

in the proper manner are lawful officers.(220)

The Clergyman's Hand-book of Law: The Law of Church and Grave · 第 9 / 34 章