The Clergyman's Hand-Book of Law

The Clergyman's Hand-Book of Law

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Excerpt: ...child in such cases. 364. Punishment, Instrument, Murder. -A parent or a person in foro domestico or in loco parentis may give reasonable corrective punishment with a fit instrument to a child. But if a parent or master whips a child so that it dies, he is guilty of manslaughter. And if he uses lethal instruments of punishment, he is guilty of murder. 645 Where a mother in anger threw a poker at one child and hit and killed another child, she was guilty of manslaughter. 646 The punishment always becomes unlawful when it is excessive, and drunkenness is no excuse. 647 365. Guardian, Religion, Courts. -In England where a child was taken from the testamentary guardian, who after the death of the testator changed her religion from a Protestant to a Catholic, it was held thereby to be incompetent to continue as guardian. 648 And in New York it was held that where the father and mother were Catholics, the guardian must endeavor to bring the children up in that faith, as a guardian will not be permitted to proselyte wards. 649 pg 195 But where a father who was a Catholic allowed his child to be brought up by a maternal aunt who was a Protestant, until the child was fourteen years of age, the father was not then entitled to the child's custody for the purpose of having it instructed in his own faith. 650 Courts will not interfere with the religion of a child, but will allow it to be brought up in the religion of its parents; however, the best interests of the child will be considered by the court without conceding everything else to its religion. 651 366. Convent, Consent. -A daughter under age who entered a convent to become a nun without the consent of her mother, may, on a writ of habeas corpus on the petition of her mother, be required to leave the convent and return to her home. 652 367. Adoption, Rights, Duties. -Persons of suitable age and circumstances to enter the marital relations, may adopt a child. When a married couple do not unite more

Product details

  • Paperback | 70 pages
  • 189 x 246 x 4mm | 141g
  • United States
  • English
  • black & white illustrations
  • 1236720121
  • 9781236720122