The church laws of 1874., May 21, 1874

The church laws of 1874.

AN ACT for the interpretation and supplementation of the act of May 11, 1873, in relation to the preparatory education and appointment of clergymen, (laws of 1873, page 191,) of May 21, 1874.

We, William, by the grace of God King of Prussia, &c, hereby decree, with the sanction of both houses of the Diet of Our monarchy, for the interpretation and supplementation of the act for the preparatory education and appointment of clergymen of May 11, 1873, as follows:

Article 1. The act of May 11, 1873, is hereby interpreted as signifying that the conferring of an ecclesiastical office, and also the approval of such conferring, are in violation of sections 1 to 3 of that act, if they are made without the naming of the candidate which is prescribed in section 15 of that act, or before such naming, or before the expiration of the time allowed in section 15 for the presentation of objections.

Art. 2. The penalty provided in section 23 of the act of May 11, 1873, shall be enforced in the case of every clergyman who shall perform clerical functions without being able to furnish evidence that he has been appointed to an office empowering him to do so, or as a temporary incumbent of, or assistant in, such an office, in the manner prescribed in sections 1 to 3 of said act.

Art. 3. When a clerical office has become vacant, the president is authorized to order the seizure of the property belonging thereto, if,

• The vacant office has been conferred upon any one in violation of the provisions of sections 1 to 3 of the act of May 11, 1873; or,
• If facts are known which justify the presumption that the office will be conferred upon some one in violation of those provisions.

The entire property belonging to the office shall be subject to seizure, including all its revenues. The president shall appoint a commissioner, who shall take charge of the property, and shall manage it for the account of the office until the office shall again he legally filled, or until the appointment, in due form of law, of a temporary incumbent thereof. Any compulsory measures that may be necessary for the accomplishment of the seizure shall be adopted administratively. The commissioner shall exercise all the prerogatives of the regular incumbent of the office so far as the property is concerned, and his action shall have full legal effect.

The costs of the management shall be deducted from the revenues of the office.

Art. 4. If, after a clerical office has become vacant, a clergyman has been sentenced according to section 23, par. 1, of the act of May 11, 1873, or of article 2 of that act, to suffer punishment for the illegal performance of clerical functions, the person who has the right of nomination on the ground of advowson or some other legal title is authorized to fill the office again, either permanently or with a temporary incumbent.

Art. 5. The person having the right of nomination on the ground of advowson, &c., is also authorized to provide for the appointment of a temporary incumbent of a vacant office, when a clergyman has been forbidden to remain in the district in which the vacant office is, according to section 5 of the act of May 4, 1874, in relation to the prevention of the illegal performance of clerical functions.

Art. 6. Official information shall be given to the person having the right of nomination on the ground of advowson, &c., both of the sentence (art. 4) and of the order for the limitation of residence, (art. 5.)

As regards sentences pronounced and orders issued before the promulgation of this act such communication shall be made immediately after it shall have taken effect.

Art. 7. If the person having the right of nomination on the ground of advowson, &c., exercises his prerogative, (arts. 4, 5,) the provisions of the act of May 11, 1873, shall be enforced. The penalty provided in section 22, paragraph 1 of said act for ecclesiastical officers, in case of their making an appointment in violation of law, shall be enforced, in like manner, in the case of a person having the right of nomination on the ground of advowson, &c, who shall be guilty of a similar offense.

Art. 8. If the person having the right of nomination on the ground of advowson, &c., shall make no provision within two months from the day of the receipt of the prescribed communication (art. 6) for the appointment of a temporary incumbent, or if he shall not permanently refill the office within one year from that day, his prerogative shall be transferred to the congregation.

The congregation shall have the prerogatives mentioned in articles 4 and 5, in all cases when there is no person having the right of presentation on the ground of advowson or other legal title.

The provisions of artcle 6 are applicable to the congregation. The congregation must be informed, without fail, if the person having the right of nomination shall not have exercised his right within the time allowed him for that purpose.

Art. 9. If the cases provided for in article 8 shall arise, the magistrate, (amtmann,) in city districts the burgomaster, shall, on motion of at least ten male members of the congregation, of full age, and in the full enjoyment of their civil rights, who are not subject to the control of the head of a family, who votes at the same time, summon all the members of the congregation who meet these requirements, for the purpose of adopting resolutions for the appointment of a temporary or permanent incumbent of the office.

In order that a resolution may be valid, it shall be necessary for more than half of those present to have voted for it.

Any further regulations that may be deemed necessary shall be prepared by the president.

Art. 10. If an election is duly held, a representative is to be chosen according to article 8, whose duty it shall be to install the clergymen chosen. The provisions of article 7 shall be applicable to the conduct and responsibility of the representative.

Art. 11. If, in the cases provided for in articles 4–10, no objection is made by the president, or if such objection, after having been made, is set aside by the court for ecclesiastical affairs, the clergyman shall be considered to be duly appointed.

In testimony whereof We have hereunto affixed Our signature and caused Our royal seal to be affixed.