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
*140.* _Injunction, Mandamus, Sepulture._—An injunction will not be
granted to prevent the expulsion of a member contrary to the charter and
by-laws of the denomination; but if a member be expelled without warrant
of law, he has his remedy by mandamus for reinstatement.(249) A person who
has been expelled can not maintain an action for restoration in order to
enjoy the right of sepulture, as it is premature.(250)
*141.* _Expulsion, Illegal._—The attempt of a minority of a church to
expel the majority of the members and turn over the property to another
denomination is illegal. However, the same would be true if it were done
by the majority.(251)
*142.* _Freedom, Faith, Doctrine._—The constitution in declaring the
freedom of all men to worship God according to the dictates of their own
consciences, does not give a church member the right to repudiate the
faith and doctrine on which the church was founded, and at the same time
to insist on his right to exercise and enjoy the benefits and privileges
of a member of such church.(252) Every person joining a church, impliedly,
if not expressly, agrees to conform to its rules and to submit to its
authority and discipline.(253) A person who has been expelled from a
religious society can not maintain an action for services rendered the
society while he was a member.(254)
CHAPTER XII. ELECTIONS
*143.* _Time, Place, Void._—Where a religious society that is incorporated
holds an election for trustees, which is held at the wrong time or place,
the election is void.(255)
*144.* _Voting, Communicants, Attendance._—A by-law of a church that
prohibited any person whose pew rent was in arrears more than two years
from voting at a church meeting, is valid and reasonable.(256) Where a
charter of a religious society allowed only members being communicants to
vote after they had attained the age of eighteen years, to entitle a
member of the congregation to vote it was necessary that he should have
taken the sacraments after the age of eighteen years.(257) Where the right
to vote was limited to members who contributed not less than ten shillings
annually toward the support of the church, those who were challenged for
want of complying with the rule can not do so after being challenged and
then vote.(258) Stated attendance at divine worship in the church,
congregation, or society, and contribution to the support of such church,
may be made the tests of the right of a person to be a voter at an
election. The attendance of a wife or children of the family is not
sufficient to confer the right to vote on the husband or father.(259)
*145.* _Voters, Poll List._—Parol evidence is admissible to prove the
number of persons entitled to vote in a church society, notwithstanding
that there is a register of names of the stated hearers in such church
kept by the clerk of the trustees.
Public-domain text, read in full here on John Shaqi.
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