The Clergyman's Hand-book of Law Part 13

*477.* _Students, Vote, Residence._-Students at a seminary studying for the priesthood do not thereby lose their residence at their homes and are not ent.i.tled to vote where a college is located. The fact that they intend to remain for four years, become clergymen, and then go to wherever they may be called, does not give them the right of residence, and there is no distinction between them and any other students away from home at school.(836) However, a student of full age might become a voter in the college precinct if he has no other fixed domicile.(837)

*478.* _"__My Wife, Anna Jones,__"__ Divorce, Insurance._-A bequest or devise to "my wife, Anna Jones," is not changed by a divorce without some evidence to prove that the testator did not intend his divorced wife to share in his estate, unless the judgment of divorce made a division of the property. The same is true of a policy of insurance or benefit certificate. However, there are exceptions that weaken the rule and make its application in some States uncertain.(838)

*479.* _Bells, Sick, Injunction._-On the complaint of an injured person, a court will issue an injunction restraining the ringing of church, convent, or other bells, at unusual hours or when their noise is injurious to the sick, or when their vibration affects other premises. As the law of nuisances applies in such cases, an exact statement of when the court should issue the injunction or whether the injunction should be temporary or perpetual, can not be given; but when the personal or property rights of others are affected, an injunction may be granted. The fact that the bells are chimes or part of a clock does not change the rule.(839)

*480.* _Marriage, Impediments, Recording._-Legal marriage may be contracted only between unmarried persons not related within the prohibited degrees of consanguinity or affinity, of lawful age and sufficient mental and physical capacity. Statutes vary greatly. In some States affinity is not considered a legal objection and first cousins may marry; in others, both are prohibited and other limitations of relations.h.i.+p, race, and color are fixed, and registration of the clergymen and licenses to wed are required. Also, the clergyman must report the marriage promptly to the proper office. Fines, penalties, and imprisonment are usually provided for violating the law. Informal marriages may or may not be voidable or void.(840)

*481.* _Charivari, Wedding Pranks._-Charivari, a.s.saults, and disorderly conduct are unlawful at all times, and can not be justified by custom.(841) A newly wedded man who was serenaded (charivaried) by his neighbors by firing guns, blowing horns, beating pans, rattling horse-fiddles, etc., after ordering the rioters off fired into the crowd and wounded one of them. On trial for a.s.sault with intent to kill, the groom was acquitted. Shooting might not be justifiable in cases where less potent agencies, such as a horsewhip or dogs, are sufficient, or where the immediate protection of person or property does not call for it. The law should be invoked when no exigency for force exists.(842)

*482.* _Infallibility of Courts._-When a question of law at issue in a case is duly presented to a supreme court which is the court of last resort, its decision thereon becomes "the law of the case" and is thereafter binding upon the court itself and all the courts inferior to it; and no matter how often that identical case may come before the court on subsequent appeals, the questions already decided therein will not be reconsidered. It is interesting to compare this principle of our courts with Papal infallibility.(843) Courts do not always adhere to the rule.(844)

*483.* _Money Stolen, Bailed or Loaned, Insolvency, Gifts._-Property stolen by A. or left with him as bailee to be returned in specie, can not be given away by him for charity. Also, when a man is insolvent he has no right to give away any of his property.(845) That has been the rule of law since c.o.ke laid down the maxim: "A man must be just before he is generous." One is insolvent when his debts exceed the value of his unexempt property.(846) When an insolvent debtor makes a gift, a creditor may sue and recover from the donee; or in a proper case the creditor may force the debtor into bankruptcy to recover the gift.(847) The want of knowledge or good faith of the donee is immaterial and no defense to an action to recover the property.(848)