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
*72.* _Control, Secede, Vested Rights._—The officers of a church
corporation have control of the business management for all civil
purposes, excepting as otherwise provided by the articles of organization,
charter, or by-laws of the corporation. However, the by-laws must not
contravene the laws of the State.(130) A charter was refused in
Pennsylvania which provided that the congregation might, by a majority
vote, dissolve or secede from the central body and divide the
property.(131) A charter of incorporation may be amended in harmony with
the principles, discipline, and objects of the church, but not
otherwise.(132) The fact that incorporation of a church confers certain
rights and privileges under the charter, such charter being accepted, does
not give the church corporation any vested rights.(133)
*73.* _Consolidation, Control, Dissolution._—So far as the State law is
concerned, two different denominations may form one corporation;(134) or
two or more congregations of the same organization may form one
corporation.(135) Where such consolidation is attempted, the new
organization must have control of all the property.(136) So long as
different congregations attempting to consolidate retain their respective
identities, they do not form a single corporation.(137) It is a general
rule that a corporation may be dissolved by taking the steps required by
law. As there are various statutory provisions in the different States,
each case had best be attended to by an attorney. In some States there is
a provision that where a corporation fails to carry out its functions for
a stated time, it thereby becomes dissolved. The omission of a parish for
one year to elect officers, does not necessarily operate as a dissolution
under such statute. In case of dissolution under a statute of that kind,
the property of the church is not forfeited to the State.(138)
*74.* _Debt, Limited._—The amount of debt which the trustees of a
religious society may be authorized to create, may be limited by its
constitution.(139)
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