The Clergyman's Hand-book of Law: The Law of Church and Grave — John Shaqi
The Clergyman's Hand-book of Law: The Law of Church and GraveScanlan, Charles Martin
Religion
The Clergyman's Hand-book of Law: The Law of Church and Grave
Scanlan, Charles Martin
Burial laws -- United States; Ecclesiastical law -- United States
*64.* _Incorporation, Evidence._—The certificate of incorporation or
charter of a religious society or a certified copy thereof from the public
record, is the proper evidence thereof.(115) Secondary evidence and
evidence _aliunde_ may be competent in some forums.(116) In most States if
incorporation is alleged in the complaint, it need not be proved unless
denied by an affidavit or a verified answer.
*65.* _Congregation, Members._—The act of incorporation applies only to
the particular congregation petitioning for it and does not extend to
other churches, even though they are a subsequent growth within the same
territory.(117) Incorporation once established is presumed to
continue.(118) When a new religious society is formed and incorporated,
consisting of individuals from existing parishes, the members of the new
society from the time of its incorporation cease to be members of the
respective parishes to which they had belonged.(119)
*66.* _Temporal Affairs, Management._—A majority of a religious
corporation at a regularly called meeting may, by a vote taken, bind the
minority in all temporal affairs.(120) The character of membership in the
religious corporation may be very different from that of membership in the
church.(121) The fact that a member has been declared out of the church by
an ecclesiastical tribunal, may not affect his rights in the management of
the temporal concerns of the corporation.(122)
*67.* _Corporators, Change._—In isolated cases here and there it has been
held that a majority of the corporators of a religious society has the
right to change the form of church government, as from the Congregational
Church to an organization in connection with the Presbyterian Church.(123)
But it is a general rule that a majority of the congregation can act only
consistently with the particular and general laws of the church
organization, but not in violation of them.(124)
*68.* _Constitution, Subsequent Laws._—An ecclesiastical society formed
before the adoption of the state constitution is not by that constitution
and subsequent laws concerning religious societies divested of its legal
character.(125)
*69.* _Name, Change._—The name of an ecclesiastical corporation is
arbitrary and a change or alteration in its name does not affect its
identity.(126) A charter will not be granted to a church with a name so
like another church in the same State, that one may be taken for the
other.(127)
*70.* _Church, Regular._—In church organizations those who adhere to the
regular order of the church, legal and general, though a minority, are the
true congregation and constitute the corporation if incorporated.(128)
*71.* _Notice, Legal._—All the proceedings of a corporation, including
notice, must be in accordance with the constitution and by-laws, and no
business transacted contrary thereto is legal.(129)
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