*131.* _Definitions, Minor._—Excommunication, as construed in law, is the
official announcement by the superior authority of the termination of
membership in a religious body and the forfeiture of spiritual privileges
of the church. It is one of the methods of discipline in the nature of
expulsion from membership in a fraternity, and the fact of expulsion from
a church is conclusive proof that the person expelled is not a member of
such church. Whether the excommunication was wrong or not can not be
examined into in the courts of the State, and such expelled member can not
maintain a suit in relation to church property nor vote for trustees.(238)
*132.* _Major Excommunication._—As excommunication _non tolerati_ affects
the rights of citizenship, it is not lawful in England nor the United
States. To say that A. has been excommunicated in any form, if untrue, is
slander.(239)
*133.* _Vote, Sentence._—When a vote of excommunication from a church has
been passed in the Congregational church and the offender thereby declared
no longer a member, the sentence may be promulgated by being read in the
presence of the congregation by the pastor.(240)
*134.* _Trustees, Disqualified._—The trustees of a church who have been
excommunicated are not thereby disqualified in law to act as
trustees.(241)
*135.* _Devise, Void._—A parent may leave money to a child payable in
yearly instalments on condition that said child shall continue to be a
member of a particular church and attend the regular meetings thereof, and
in case he fail so to do that the bequest be thereupon paid to a
missionary society. Such a devise is not contrary to the constitution of
the State of Wisconsin and is not void for any other reason.(242)
*136.* _Fraternity, Excommunicated, Bequest._—Where a church member was
also a member of an insurance fraternity connected with his church, the
constitution of which required that every member of the fraternity should
be and remain a practical Roman Catholic, when he was excommunicated from
membership in the church he thereby forfeited his benefit certificate in
such fraternity.(243) Also, a condition that a bequest shall be forfeited
if the legatee should not marry a Protestant wife, the daughter of
Protestant parents who have always been Protestants, was held to be valid
and not an infringement of any constitutional right.(244)
*137.* _Action, Expulsion._—An action can not be maintained against the
parish corporation for expulsion from the church.(245)
*138.* _Forfeiture of Membership_.—Any member may forfeit his membership
in a church.(246)
*139.* _Insubordination, Expulsion, Hearing._—The authorities in the
church, under its rules and discipline, have a right to exclude members in
the church, for insubordination.(247) If the church has no rules as to
expulsion of members, the common law prevails, and a member can not be
expelled without due notice and fair hearing.(248)
*140.* _Injunction, Mandamus, Sepulture._—An injunction will not be
granted to prevent the expulsion of a member contrary to the charter and
by-laws of the denomination; but if a member be expelled without warrant
of law, he has his remedy by mandamus for reinstatement.(249) A person who
has been expelled can not maintain an action for restoration in order to
enjoy the right of sepulture, as it is premature.(250)
*141.* _Expulsion, Illegal._—The attempt of a minority of a church to
expel the majority of the members and turn over the property to another
denomination is illegal. However, the same would be true if it were done
by the majority.(251)
*142.* _Freedom, Faith, Doctrine._—The constitution in declaring the
freedom of all men to worship God according to the dictates of their own
consciences, does not give a church member the right to repudiate the
faith and doctrine on which the church was founded, and at the same time
to insist on his right to exercise and enjoy the benefits and privileges
of a member of such church.(252) Every person joining a church, impliedly,
if not expressly, agrees to conform to its rules and to submit to its
authority and discipline.(253) A person who has been expelled from a
religious society can not maintain an action for services rendered the
society while he was a member.(254)