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 [pg 078] 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]
Chapter X. Heresy And Secession
122. Mother Church, Control.—A majority of the members of a congregation can not by their vote leave the church and transfer the property of the congregation to another church so long as any portion of the congregation remains faithful to the mother church of which such congregation forms a part. Such minority shall retain control of the property.[221]
123. Seceders, Funds.—Nor can seceders from a religious denomination retain the funds in their hands as trustees on the ground that they were members of the society when the funds accrued.[222] The title to church property in a divided congregation is in that part of the congregation which is acting in harmony with its own law; and the ecclesiastical laws and principles which were accepted among them before the dispute began are the standards for determining which party is right.[223]
124. Society, Foreign Language, Independent.—The formation of a society distinct from the rest of the congregation for the purpose of instruction in a portion of the doctrine of the same church in a foreign language is not a separation from the congregation, although it has its own minister and officers.[224] Where an independent congregation of one denomination votes unanimously to go over to another denomination, and the title to the church property is in the parish corporation, the seceders take with them the church property.[225]