390. Investigation, Probable Cause.—When a member of a church consents to an investigation on complaint before a person who is not a member, if the complaint was made on probable cause and not under the pretence of exposing the defendant to scorn or obloquy, he could not subsequently bring an action for libel.[691]
391. Sacraments.—To publish of a person that he has been deprived of the sacraments of the church to which he belongs, is libelous.[692]
392. Obituary, Tolling Bell.—To falsely and maliciously publish an obituary notice of a person living, is good ground for an action for libel.[693] However, a complaint that a church tolled its bell to announce the death of a member, and did report him dead when he was actually living, and that it was all done for the purpose of annoying, harassing, and vexing the person and his family, was held not sufficient to support an action for libel. The latter case is doubtful law.[694]
393. Newspaper, Profane Swearer.—A newspaper in a notice of the death of a church member has the right to state that [pg 210] he was a profane swearer, if such was the case.[695]
394. Business or Property, Special Damages.—A company incorporated for the purpose of transacting business which would include hospitals, schools, and industrial institutions, may maintain an action for libel the same as an individual for any words affecting its business or property, if special damages are alleged and proved.[696]
395. Justification, Repeating.—It is no justification that libelous matter had been previously published by a third person, that the name of such person was disclosed at the time of repeating the libel, and that the person who was repeating it believed all the statements in the libel to be true.[697]
Chapter XXXII. Crimes
396. Sins, Crimes, Discipline.—Crimes are offenses against the civil law. The fact that the church organization may try and punish a member for sinning, or acquit him, has nothing whatever to do with the administration of the criminal law of the State. Therefore, a member may be arrested and tried for any offense before or after the ecclesiastical tribunal has taken action in the matter. But there are certain crimes of a religious nature of which the civil law assumes jurisdiction and punishes, such as blasphemy,[698] disturbing religious meetings,[699] etc. Most of those laws are statutory and depend wholly upon the statute of the State where the crime is committed.