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
*79.* _Reorganization._—A church corporation may reorganize and be
reinstated into all rights that it formerly had.(152) The steps to be
taken to reorganize are usually provided by statute and should be closely
followed. Upon the reorganization, the old corporation becomes
terminated.(153)
*80.* _Meetings, Majority, Quorum._—In corporate meetings, meetings of
boards, and meetings of committees duly called, a majority vote of those
present determines the action of the body. If the membership is
indefinite, those who attend such meeting constitute a quorum; but if the
membership is definite, it requires a majority of the voting members to
constitute a quorum, unless the law of the State or the constitution
(articles of organization) or by-laws provide a different number.(154)
CHAPTER VII. SUPERIOR AUTHORITY
*81.* _Protestant, Ministers, Bishop._—In most church organizations the
authority is divided into superior and inferior. In countries where there
is an established Protestant church, the superior authority is first in
the king and queen and secondly in the bishops. The inferior authority is
in the ministers and secular officers of the church. Where there is no
established church, the synod or bishop is the superior authority. Thus
decisions of our courts usually apply to all churches alike.
*82.* _Roman Catholic Church, Pope, Bishops, Delegated._—In the Roman
Catholic Church the superior authority is first in the Pope and secondly
in the other bishops. This superior authority is graded and some of it may
be delegated, as in case of a Papal delegate. But the general rule that
delegated authority can not be again delegated by the delegate without
special authority applies to church matters.
*83.* _Bishop, Discipline, Clergy._—Within his diocese the bishop is the
executive officer, the legislature, and the judiciary; but he is subject
to the superior authority of the Church. The bishop may make laws for his
diocese, subject to the limitation of the general doctrine and discipline
of the Church. He has original jurisdiction of all causes arising in his
diocese, and may decide them in the first instance and inflict such
penalties, suspension, or excommunication, in accordance with the canons
of the Church, as he deems fit. The clergy are subject to his orders and
discipline according to the canon law. However, without special contract,
the bishop is not civilly liable for the salary of a priest under him,
either while he is actually in the line of his assigned duties or while
waiting to be assigned.(155)
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