Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 4, 1876

No. 84.
Mr. Nicholas Fish to Mr. Fish.

Legation of the United States,
Berlin , September 16, 1876. (Received October 5.)

No. 478.]

Sir: The law of which Mr. Davis transmitted the draft in his No. 106 became a law with so few changes from the bill as reported by the [Page 155] commission, that it was not considered worth while to furnish the Department with the text of the law. I should not transmit it now, were it not that it has been followed by a law concerning the right of the state’s supervision in the administration of property in the Catholic dioceses, which will go into effect on the 1st October.

In view of this later law I have the honor to inclose the text of the law concerning the management of property in Catholic parishes, with the election regulations therein mentioned, together with a translation of the same. I also annex a schedule of the alterations made in the draft of the law as published in Foreign Relations for 1875, pp. 543, et seq., upon its final enactment.

I have also the honor to inclose a copy and translation of the law of June 7, 1876, concerning the state’s supervision in the administration of property in Catholic dioceses.

I have, &c.

NICHOLAS FISH.

[Inclosure 1 in No. 478.—Translation.]

No. 8302. Law concerning the management of property in Catholic parishes, of June 20, 1875

We, William, by the grace of God King of Prussia, &c., ordain, with the consent of both houses of the Landtag, for the entire extent of the monarchy, as follows:

§ 1. In every Catholic parish matters appertaining to church property are to be cared for by a vestry and representatives of the congregation, in accordance with this law.

§ 2. The provisions of section 1 also apply to mission parishes, as well as to such other congregations, branch churches, chapels, &c., where there are special church lands, or in which the individual members of the congregation are under obligations to contribute to the needs of the church.

§ 3. All church property is to be held under this law:

1.: Property destined for clerical needs, inclusive of church and parsonage building-funds, of lands to provide the salaries of the clergy and other church servants, and of anniversaries.
2.: Church lands for any other church purpose, or for charitable or school purposes.
3.: The proceeds of subscriptions, collections, &c., undertaken by church functionaries for church, charitable, or school purposes, or by other persons for church purposes, both in and out of church buildings.
4.: Institutions within the community for charitable or school purposes which are under the management of church functionaries.

§ 4. The rights of the state or of civil communities to places of burial, or to such lands as are destined for church purposes, are not affected by this law.

Under church property, within the meaning of this law, property is not understood, which, though destined for church purposes, is yet under the permanent management of the state or of civil communities.

I.—Church-vestry.

§ 5. The church-vestry consists of:

1.: In parishes, of the pastor; in branch churches, chapels, and other similar congregations, which have priests of their own, of him whose appointment is oldest.
2.: Of several church-heads (or vestrymen) who have been chosen by the congregation.
3.: In the case of section 39, of the person therein designated as entitled, or of the church-head (vestryman) appointed by him.

§ 6. The number of church-heads (vestrymen) to be chosen in each community is, in congregations of 500 or fewer members, 4; of from 500 to 2,000 members, 6; from 2,000 to 5,000, 8; of more than 5,000, 10.

A change in the number can be effected by a resolution of the representatives of the congregation; the number shall, however, not exceed 12 nor be less than 4. In consideration of the number of members, or of the peculiar circumstances of a congregation, the number may, with the consent of the upper president, be reduced to 2.

§ 7. The office of church-head (vestryman) is an office of honor, (honorary.) For extraordinary services a proper compensation may be allowed by the representatives of the congregation, on motion of the church-head, (vestryman.)

§ 8. The vestry manages the church property.

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It is the representative of the properties under its management, and of the congregation in matters relating to such properties.

The rights of those entitled for the time being to the lands destined for the payment of salaries to the clergy and other church-servauts are not hereby affected.

§ 9. The members of the church-vestry are held to exercise that care which is practiced by a good head of a family.

§ 10. The control of funds and the book-keeping is to be intrusted to a church-head (vestryman) chosen by the vestry.

By resolution of the vestry an accountant not belonging to it may be appointed. Such accountant is held to be a church-servant within the meaning of the law of May 12, 1873.

§ 11. The vestry shall make out and continue an inventory of the church property under its management.

It must make an estimate in advance of the year’s revenues and expenditures, and render each year a full report of the coudition of the church property to the representatives of the congregation. At the conclusion of each year the vestry shall examine the accounts.

§ 12. The vestry elects from its members, described in section 5, Nos. 2 and 3, upon the entrance of the new church-heads, (vestrymen,) a president and a substitute, both for three years.

§ 13. The vestry convenes, upon the summons of the president, whenever the transaction of business requires. By resolution, regular days of meeting may be appointed.

§ 14. The vestry is to be convened when it is demanded—

1.: By the diocesan authorities.
2.: By the landrath; in the city districts by the mayor.
3.: By one-half of the members of the vestry.
4.: By a resolution of the representatives of the congregation.

In the two last cases where a purpose coming within the province of the vestry is given.

§ 15. If the president does not respond to this call, or if there be no president, the call may be made by the diocesan authority, as well as by the officials named in section 14, No. 2. In these cases, the authority calling appoints the president from among the members of the vestry described in section 5, Nos. 2 and 3.

§ 16. All the members of the vestry are to be invited to the meetings. This invitation is, in all cases where the resolution requires the assent of the representatives of the congregation, to be made in writing, the purpose of the call being stated, and to be communicated at least one day before the session.

§ 17. Resolutions are carried by a majority of those present. If the votes are even, the president decides; in cases of choice, the decision is by lot. To be valid, resolutions must have been passed upon by at least half of the members.

Members having an interest in the subject-matter voted upon must abstain from voting.

In cases of a call not made as prescribed, resolutions can only be passed when the entire vestry is present, and no objection is raised.

§ 18. The resolutions are to be entered in a journal, with the date and the names of the members present. The entries must be signed by the president and at least one other member of the vestry.

§ 19. Every written declaration of the will of the vestry, affecting the property it controls and the congregation, requires to be subscribed by the president and by two other members of the vestry, and must, in addition, bear the official seal. This shall constitute a guarantee to third parties of the formality of the resolution, so that proofs of compliance with the several requisites, particularly of the concurrence of the representatives of the congregation, where such is necessary, shall not be required.

II.—Representatives of the congregation.

§ 20. The number of the representatives of the congregation shall be three times as large as that of the chosen church-heads. Reference being had to the number of souls, or the particular relations of a community, this number may be diminished with the consent of the upper president.

§ 21. The resolutions of the vestry require the assent of the representatives of the congregation in the following cases:

1.: Upon the purchase, alienation, or mortgaging of real estate, the renting or leasing thereof for longer terms than ten years, and the renting or leasing of lands set apart for the use or enjoyment of priests and other church-servants beyond the period of service of the occupant for the time being.
2.: Upon the alienation of objects which have a historical, scientific, or art value.
3.: Upon extraordinary use of the property, involving the integrity of the substance itself, as well as upon the calling and drawing in of capital, provided no re-investment upon interest ensues.
4.: Upon contracting loans, which are not intended for mere temporary relief, and cannot be refunded out of the surplus of the current revenues beyond the expenditures of the same period of estimate.
5.: Upon the institution of suits which do not relate to the recovery of current interest, or dues, or the calling in of outstanding capital, the interest of which is in arrears, and upon making compromises or agreements.
6.: Upon the erection of new buildings, or considerable repairs on buildings, where the necessity for such work has not been finally decided upon by the proper authorities. Considerable repairs shall be held to be those whose estimate exceeds two hundred marks. In case of need, the community-representatives of the congregation may once for all extend the power of the vestry to contract for more costly repairs; the cost of which, however, shall not exceed one thousand marks.
7.: Upon procuring the money and labor needful for church purposes, provided such are not to be accorded, according to existing laws, out of church property, or by the patron, or by some other person, upon whom it particularly devolves so to do.
8.: Upon fixing the amounts to be contributed by the members of the community, and upon establishing the scale of assessment, the latter is to be fixed on the basis of the state tax or of the communal tax.
9.: Upon the institution or changing of regular dues.
10.: Upon allowing out of the church funds moneys for the establishment of new places for the service of the congregation, as well as for the permanent improvement of the revenues of existing places, and upon changing variable revenues of priests and other church-servants into fixed dues, or of revenues in kind into money; the last, in cases where the change does not take place in pursuance of the operation of existing state laws.
11.: Upon the employment of church property for purposes not relating to the spiritual, charitable, or school needs of the congregation itself.
12.: Upon establishing the budget and period of estimate.
13.: Upon auditing and passing the yearly accounts.

The budget, when established, and the annual accounts, when passed, must be held open to the examination of the members of the congregation for two weeks after having been first announced according to the custom of the locality.

§ 22. The representatives of the congregation elect, upon the entrance of the new representatives, a president and a substitute, both for two years.

They convene upon the call of the president, whenever the transaction of business may require.

§§ 14 and 15 apply to the calling together of the representatives of the congregation, yet with this modification, that upon the demand of one-third of its members a call must ensue.

§ 23. The president of the vestry, or a vestryman appointed by him, (§ 5, Nos. 2 and 3,) is entitled to attend the meetings of the representatives of the congregation, and to be heard.

§ 24. To these meetings all the representatives, as well as the president of the vestry, are to be invited in writing, with a statement of the object, at least one day before the meeting.

For the rest, the provisions of §§ 17 and 18 apply as far as pertinent, yet the presence f one-third of the members is requisite to the validity of resolutions.

The representatives of the congregation have the right to order that their meetings shall be public.

Their resolutions are to be furnished to the vestry in an extract from the journal, made by the president and two representatives.

III.—Choice of the vestrymen and of the representatives of the congregation.

§ 25. Entitled to vote are all male independent members of the parish, of full age, who have resided therein a year; or, where there are several parishes in one place, who reside in that place, and have paid their proper church-dues. Independent are such as have a household of their own, fill a public office, or conduct a business of their own, or, as a member of a family, conduct its business.

As independent are not to be considered such as are under guardianship, or who, owing to poverty, have within the last year before the election enjoyed public relief, or have been dispensed from the payment of church-dues.

§ 26. The following are declared disqualified to vote:

1.: Such as have lost civil honor.
2.: Such as are awaiting trial for crime, or for such misdemeanor as may entail upon them the loss of civil honor.
3.: Such as are in bankruptcy.
4.: Such as are in arrears for the payment of more than one year’s church-dues.

§ 27. Eligible to office are the members of the community who have completed their thirtieth year, provided they are not excluded from the right to vote by § 26.

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§ 28. Priests and other church-servants are not entitled to vote or be voted for.

§ 29. No one can be at the same time a vestryman and a representative of the congregation.

§ 30. The manner of election is to be determined in conformity with the election regulations accompanying this.

§ 31. The vestrymen and the representatives of the congregation, after election or appointment, are to be invested with office, and faithful performance of their duties is to be enjoined upon them.

§ 32. The parties elected may only reject or resign the office of a vestryman or of a representative of the congregation in the following cases:

1.: When they have completed their sixtieth year;
2.: Have held the office for six years; or,
3.: When there are other weighty grounds for dispensation, such as delicate health, frequent absence, or employments which are incompatible with the office.

The vestry decides as to the weight and correctness in fact of the excuses presented, and upon appeal, within two weeks of the decision, the diocesan authority, in conjunction with the government president. Whoever, without such grounds, refuses to accept or to continue to exercise the office, loses the right to vote in church matters, founded upon this law. Upon his solicitation it may be conferred upon him again by the vestry.

§ 33. The term of office of the elected vestrymen and of the representatives of the congregation is six years.

One-half go out every three years. Those going out are again eligible, and remain in any event in office until their successors qualify. The going out is decided by length of service; the first time by lot.

§ 34. Should the office of an elected vestryman or of a representative of the congregation become vacant at another time, the representatives of the congregation elect a substitute for the remainder of the term.

IV.—Absence of a board of representatives of the congregation.

§ 35. In communities in which peculiar circumstances—for instance, little property, scattered dwellings, &c.—seem to make the formation of a board of representatives of the congregation undesirable or not feasible, the diocesan authority, in conjunction with the upper president, may direct that none such be formed; that is, provided, in an assembly called together for the purpose, a majority of legal voters shall not refuse to concur in such direction.

§ 36. In the case of § 35 the functions of the representatives of the congregation under § 7 devolve upon the vestry.

Substitutes are chosen by the entire body of voters.

V.—Discharge and dissolution.

§ 37. The discharge of a vestryman or of a representative of the congregation ensues—

1.: Upon the loss of the qualifications of a voter;
2.: Upon gross failure to perform duty. In the latter case, the voting privilege may be withdrawn permanantly or temporarily. The discharge can be made by the diocesan authority, as well as by the government president, after hearing the accused and the vestry. The accused may appeal against the decision within four weeks to the court for church-affairs. The appeal may be founded upon new facts and evidence. For the rest, the provisions of §§ 13 to 23 of the law of May 12, 1873, apply where pertinent.

§ 38. If the vestry or the representatives of the congregation obstinately neglect or refuse to perform their duties, or repeatedly make matters not within their jurisdiction the subjects of discussions and resolutions, they may be dissolved by the diocesan authority, as also by the upper president, acting in concert. The necessary new elections are to be ordered at the same time as the dissolution.

VI.—Position of patrons and others.

§ 39. The patron who, on the ground of being such, or another who, on the ground of some particular title, has membership in the vestry, or the right to name, appoint, or present vestrymen, is henceforth entitled either to enter the vestry himself or to appoint a vestryman. Such person entering the vestry and the vestryman appointed by him must be eligible as prescribed in §§ 27 to 29.

§ 40. Besides the right of participation in the vestry established by § 39, the patron has, where he bears the burdens of such, for church-needs, the supervision of the management of the church-funds.

Copies of the resolutions of the vestry and of the representatives of the congregation [Page 159] must be furnished the patron. If he does not within thirty days make a declaration concerning them, he is held to have concurred. If the patron refuses to concur, the vestry has a right of appeal to the circuit government; in the province of Hanover, to the Royal Catholic Consistory, which can reverse and supply his concurrence. Such concurrence can, however, not be so supplied when it is a question of expenditures with which the church-funds have not hitherto been charged.

In cases of documents, where it is a question of the formal establishment of the assent of the patron, and if such assent is considered as given, owing to his failing to act during the said period, the needed signature is to be supplied by the authorities named in subdivision 2.

§ 41. In those parts of the country in which the civil community is legally bound to raise the sums necessary for defraying the spiritual needs of the parish community, a copy of the budget, as well as the actual account, must be presented to the burgomaster at the same time as the public exhibition ordered in § 21.

VII.—Provisions as to execution.

§ 42. Direction as to the conduct of business may be furnished the vestry or the representatives of the congregation, as well by the diocesan authority as by the upper president, with mutual assent.

§ 43. When the diocesan authority, in cases in which it has to make a direction or a decision in conjunction with the state authorities, does not exercise its functions, the state authority is to command it so to do. If within thirty days this command is not obeyed, the exercise of the function devolves upon the state.

In cases in which the diocesan or the state authority, with mutual understanding, however, is called upon to make a decision, the authority summoned to give its assent must, within thirty days, declare itself. If it fails so to do, it is to be regarded as assenting.

Upon objection being raised, the upper president decides on differences of opinion between the diocesan authority and the government president; upon differences of opinion between the government president and the diocesan authority, the minister for ecclesiastical affairs.

§ 44. In the proceedings had, it is to be apparent whether an understanding was attained, whether the assent is held to have been given owing to failure to declare during the term allowed, or whether a decision has been reached upon objections having been raised.

§ 45. If a vestryman or a representative of the congregation refuses to accept or exercise his office, a new election is to be ordered. If the newly-chosen vestryman or representative also refuses to accept or exercise his office, the government president is entitled to appoint the vestryman or the representative, if it be possible, from among the eligible members of the congregation.

§ 46. If no election at all can be had of church-heads, (vestrymen,) or if the majority of the elected vestrymen refuse to accept or exercise their office, or if it becomes necessary, after a dissolution, to dissolve the newly-elected vestry also, the government president is entitled to order a management by a commission of the church-property, under pertinent application of §§ 9 to 11 of the law of 20th May, 1874.

If no election of representatives of the congregation is held, or if the majority of the representatives refuse to accept or exercise their office, or if, after a dissolution, the newly-elected body must also be dissolved, the government president is entitled to appoint a commission to attend as well to the affairs of the vestry as to those of the community-representation.

VIII.—Rights of supervision.

§ 47. The legal management-forms are not affected by this act.

The rights of supervision and assent to certain acts of management which belong to the church-authorities are to be exercised with the limitations contained in the provisions which follow.

§ 48. If the church-authority make no use of its lawful rights of supervision or of assent to certain acts of management, the state supervising authority is to command it so to do. If it fails to obey within 30 days, the exercise of the functions devolves upon the state supervising authority.

§ 49. Against dispositions of the church-authority, refusing assent to certain acts of management, an appeal may be taken by the vestry to the upper president, who decides finally.

§ 50. The resolutions of the vestry and of the representatives of the congregation to be valid require the assent of the state supervising authority in the following cases:

1.: Upon the acquisition, alienation, or mortgaging of real estate;
2.: Upon the alienation of objects which have a historical, scientific, or artistic value;
3.: Upon making loans in the sense of § 21, No. 4;
4.: Upon erecting new buildings for divine service for priests or other church-servants;
5.: Upon the establishing of new burial-places or changing the use of old ones;
6.: Upon the institution or changing of dues;
7.: Upon the ordering or holding of collections, subscriptions, &c., for church, charitable, or school purposes, outside the church-buildings.
8.: Upon the appropriation of church-property for purposes which do not concern the spiritual, charitable, or school needs of the congregation itself.
: In case of “8” the assent is held to be given when the supervising authority of the state does not, within 30 days after receipt of the resolution, raise objections thereto.
9.: Upon assessments upon the members of the congregation.

In the case of “9” there would be particular ground for refusing assent in view of irregularity in the imposition, unsuitableness of the rate, or inability to meet the requirement on the part of those so called upon.

As regards donations and testamentary bequests and devices, the law of February 23, 1870, obtains.

§ 51. The vestry, for the institution of legal proceedings, does not require the consent of a state or church tribunal. Certificates as to the sufficiency of the vestry in matters of law, or certificates as to the existence of facts, on which a claim for immunity from costs is based, can only be validly executed by the state supervising authority.

§ 52. The state supervising authority is entitled to examine the budget and to object to such items as are contrary to law. The items so objected to shall not be carried into execution.

§ 53. If the vestry or the community-representation refuses to insert in the budget, to fix or to assent to obligations properly to be met out of the church-property, or devolving upon pastors, and others, either the diocesan authority or the state supervising authority, with a mutual understanding, is to cause the insertion to be made and take other necessary measures.

Under the same circumstances these authorities are empowered to order and adopt the needful measures to effect the judicial establishment of claims of the church, of the pastor, of the community, and of claims as to the property under the control of the vestry, and in particular of claims for damages arising out of the unlawful acts of priests or other church-servants.

§ 54. The yearly accounts are to be furnished the state supervising authority for examination as to whether the management has been conducted according to the budget.

§ 55. What state authorities are to exercise the functions of supervision mentioned in §§ 48, 50 to 52, 53, 54, is to be determined by royal decree.

IX.—Final transition-provisions.

§ 56. The provisions of this law do not apply to cathedral, military, and institution congregations.

§ 57. On and after October 1, 1875, the functions devolving under this law upon the vestry and the representatives of the congregation shall not be exercised by other persons or authorities than those mentioned in this law. Where, according to heretofore-existing law, church-officers, church-vestries, church-colleges, factory-counselors, church masters, representatives, &c., have exercised other functions than those of management of property, such functions, where they have been exercised by officers directly intrusted with the management of property, devolve upon the vestry; in all other cases, upon the representatives of the congregation. If none exist, the functions of the representatives of the congregation also devolve upon the vestry.

§ 58. The lawful rights of diocesan authorities, with regard to the management of property in church-communities, are in abeyance during such time as the diocesan authorities refuse obedience to this law or while the respective office is not legally filled or administered. Such refusal is to be assumed when the diocesan authority does not, upon a written demand of the upper president, within 30 days, declare itself ready to comply in all points with the provisions of this law.

The functions appertaining to diocesan authorities devolve in such cases upon the respective state authority.

§ 59. All existing provisions opposed to this law, whether contained in the common law obtaining in parts of the country, in provincial laws, in local laws or local ordinances, or founded on observance or usage, are abolished.

§ 60. The carrying out of this law devolves upon the minister for ecclesiastical affairs.

He is empowered, in view of peculiar local or other circumstances and of peculiar arrangements for the management of property, to prolong the term for its execution fixed by section 57, subdivision 1.

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In testimony whereof we have hereunto affixed our signature, and caused our royal seal to be affixed.

Done at Bad Ems, 20th June, 1875.

[l. s.]

WILLIAM.

Prince BISMARCK.

Count Zu EULENBURG.

FALCK.

Von KAMEKE.

FRIEDENTHAL.

CAMPHAUSEN.

LEONHARDT.

ACHENBACH.

Published at Berlin 29th June, 1875.

supplement.

[Translation.]

Election-regulations accompanying the law concerning the management of property in Catholic parishes, of June 20, 1875.

Election regulations.

Article 1. The vestry shall order the election of the church-heads and of the representatives of the congregation, prepare the list of qualified voters, and exhibit the same in some public place which is of free access to everybody.
Public notice shall be given to the community of the time and place of exhibition, adding that after the expiration of the time of exhibition objection can no longer be made to the list. The vestry, in their judgment, may give public notice in other manners, in accordance, with local circumstances.
Every member of the congregation who is a qualified voter may make objection.
Article 2. The vestry shall decide the objections made and correct the list. The party excluded from the election by such decision shall have the right of appeal to the representatives of the congregation within the period of two weeks after notice, and, in case none such exists, to the diocesan authority. The latter is to decide in agreement with the government president. The impending election shall not be impeded by the appeal. At least two weeks must lie between the expiration of the time of appeal and the day of election.
Article 3. The call for the election must contain the time and place of the election and the number of persons to be elected, and public notice of the same must be given to the community by posting. The vestry in their judgment may give public notice in other manners, in accordance with local circumstances.
Article 4. The president of the vestry and four associates, whom the president selects from the eligible members of the community, shall form a directory of the elections.
Article 5. The act of voting shall be managed by the president.
Article 6. The right to vote shall be exercised in person by means of inclosed tickets, without signature, to be deposited in an election urn.
Article 7. If on the first vote a majority is not attained for the number of persons requisite for the formation of the vestry or the representatives of the congregation, an election shall ensue from those who received the most votes. If the number of the same is more than twice the number of the persons to be elected as vestrymen or representatives of the congregation, so many of those who have received the least number of votes shall be dropped as will leave the number of the eligible persons equal to twice the number of the persons to be elected. Every case of tie shall be decided by lot.
Article 8. After the president has declared the election closed, no vote shall be allowed to be cast.
Article 9. The directory of the election decides the validity or invalidity of the ticket.
Article 10. Minutes shall be kept of the act of voting which shall contain the essential parts of the proceeding. The same is to be signed by the president and at least two (2) members of the directory of election.
Article 11. The election of the vestrymen must precede that of the representatives of the congregation.
Article 12. The names of the persons elected shall be published to the community by posting. The vestry, in their judgment, may give public notice in other manners, in accordance with local circumstances.
Article 13. Objections to the election must be made with the vestry within a period of two weeks, to be reckoned from the last day of posting, who decide upon them. Against a decision dismissing the appeal, an appeal lies to the diocesan authority within a period of two weeks from the time of notice, who, in agreement with the government president, shall render the decision.
Article 14. The diocesan authority, in agreement with the government president, shall appoint the directory of election and the president of the same for the first election. The directory of the election takes upon itself the functions of the vestry. The same also applies to the case of a dissolution of the vestry.

[Inclosure 5 in No. 478.—Translation.]

Law concerning the right of the state’s supervision in administration of property in Catholic dioceses, 7 June, 1876.

(No. 8,411.) Law concerning the right of the state’s supervision in the administration of property in the Catholic dioceses, of the 7th June, 1876.

We, William, by the grace of God King of Prussia, &c., ordain, with the consent of both houses of the Landtag, for the extent of the monarchy as follows:

§ 1. The supervision of the state over the management—

1.: Of the effects appropriated to the bishops, bishoprics, and chapters;
2.: Of the institutions, foundations, and funds destined for religious, benevolent, or educational purposes, and placed under the administration or supervision of the Catholic ecclesiastical organs which are not affected by the law of June 20, 1875; will be exercised according to the following provisions:

§ 2. The organs of administration require the consent of the states’ supervising authority in the following cases:

1.: For acquiring, conveying, or mortgaging real estate.
2.: For the sale of objects which have a historical, scientific, or artistic value.
3.: For an extraordinary usage of the property which will affect the substance itself, and for the calling in and withdrawing of capital so far as this is not effected for a re-investment at interest.
4.: For contracting loans, so far as they do not serve merely for temporary assistance and cannot be refunded from the excess of the current receipts over the expenses of the same period.
5.: For the erection of new buildings destined for the worship of God.
6.: For establishment of new burial-places or changing the use of the old ones.
7.: For the institution or changing of established dues.
8.: For the ordering, holding, and carrying into effect of collections and alms-gatherings outside of the church edifice. A house-collection made annually by order of the authorities of the bishopric, for the benefit of the poor parishes of the bishopric, does not require the special authorization of the state authority, but the time of the collection must be announced beforehand by the upper president.
9.: For the application of revenues of vacant positions. (Revenues of vacation, revenues of vacant benefices during the time they are vacant.)
10.: For the application of property to purposes not intended by the foundation.

In the case of 10 the consent is considered as accorded when the state’s supervising authority does not object within thirty days after receipt of the notice of the proposed application. Should the consent of the state’s supervising authorities not be obtained, then the transactions in the above-mentioned cases are not valid.

§ 3. The organs of administration do not require an authorization from the state’s officials for the conduct of litigation.

Certificates of legitimation of the administrating organs for the execution of legal transactions or certificates, as to the existence of those facts which form the basis of a claim for exemption from costs, can only be validly issued by the state’s supervising authority.

§ 4. The state’s supervising authority is empowered to demand the preparation and exhibition of an inventory to examine the budget and to object to the items which are contrary to the laws. The items objected to cannot be carried into effect.

The budgets of such administration as receive assistance out of the revenues of the state are to be submitted for approval to the state’s supervising authority. This authority fixes the date of the submission, it prescribes the formal preparation of the budget, and fixes the periods for the settlement of the suggestions.

§ 5. Should the organs of administration refuse:

1.: To place in the budget, to establish or approve the appropriations which are payable out of the property described in § 1, or for which the same is liable;
2.: To put in legal form the claims of the property described in § 1 in particular demands [Page 163] for damages arising from non-fulfillment of duty on part of the holder of an administrative position for matters concerning this property, in those cases in which the diocesan authority has the right of supervision it, as well as the state’s supervising authority acting in conjunction; in all other cases the state’s supervising authority alone is entitled to cause the claims to be inserted in the budget, and to be made valid at law, and to take the measures necessary for this purpose.

In the cases where an understanding between the diocesan and the state’s supervising authority is requisite, the authority whose assent is invoked must answer within 30 days from the time its assent is invoked. If it does not answer, it is deemed to have assented. In case of a disagreement, the appeal-jurisdiction from the state’s supervising authority decides.

§ 6. If the administrative organs contest the illegality of the items objected to under § 4, or the existence of an obligatiou to make the appropriations mentioned in § 5, sub 1, the superior administrative court decides upon the complaint of the administrative organs by means of the administrative-controversy procedure.

§ 7. The state’s supervising authority is empowered to examine the annual account, of those administrations whose budgets require the approval of the state’s supervising authority for examination, in order that it maybe determined whether the administration has been conducted in conformity with the budget.

§ 8. The state’s supervising authority is empowered to subject the administration of the property to revision.

§ 9. The state’s supervising authority is empowered to compel obedience on the part of the administrative organs to the directions contained in §§ 4, 5, 7, and 8, and to the rules established for their execution, by pecuniary fines to the extent of three thousand marks.

This fine may be threatened and imposed repeatedly until the law is complied with.

Moreover, the appropriations out of state funds for the purposes of the property described in § 1 may be retained in whole or in part, or be paid directly to those entitled to receive them.

Should the foregoing measures prove fruitless or inapplicable, the state’s supervising authority is empowered to order a management of the property-matters by a commission by application in conformity with the provisions of §§ 9 to 11 of the law of May 20, 1874.

§ 10. Which of the state’s authorities shall have the rights of supervisiou described in §§ 2 to 5 and 7 to 9 will be fixed by a royal decree.

§ 11. Concerning donations and testamentary legacies the law of 23d February, 1870, applies.

§ 12. Concerning the property of the orders and of the congregations of a similar nature to them the §§ 3 and 5 of the law of the 31st May, 1875, apply.

§ 13. The rights of property or of administration belonging to the state in the property mentioned in § 1 are not affected by this law.

§ 14. This law will go into effect on the 1st of October, 1876.

§ 15. The minister of spiritual affairs is charged with the carrying into effect of this law.

Done, &c., at Berlin the 7th June, 1876.