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
*146.* _Notice, Quorum, Majority, Strangers._—It is not necessary that a
majority of the members of a religious society be present to constitute a
corporate meeting. Those present at a regularly called meeting of which
due notice has been given to all the members, constitute a quorum; and, in
the absence of a rule to the contrary, a majority of the votes cast
carries any question.(260) The presence of strangers, unless they vote,
will not vitiate the proceedings. If they should vote, unless their votes
determine the election, it will not be void.(261) The casting of a few
illegal votes that would not change the result of the election does not
make it void.(262)
*147.* _Challenge, Ground._—The right of a person to vote at any meeting
may be challenged. The proper time to challenge a voter is when he offers
his vote. After his vote has been received it can not be thrown out on the
ground that he was disqualified.(263) A church election for which due
notice has been given, that has been fairly conducted, and all the
requirements of the statute or rules of the church complied with, is
conclusive.(264) Without due notice, all proceedings are void.(265)
*148.* _By-Laws, Usage._—If there is no law of a religious society
determining the mode of conducting an election, the corporation may
provide by-laws therefor; and if the corporation should fail to make such
by-laws, a long established usage will govern.(266) Also, if the time an
election is to be held is provided for, but the manner of conducting it is
not, the meeting may be conducted according to established usage.(267)
*149.* _Ballot, Hand Vote._—The vote of a religious society at an annual
meeting for the election of officers that the officers shall always be
chosen by ballot, does not vitiate an election of officers by hand vote at
a subsequent annual meeting. But a provision in the constitution or
by-laws requiring a ballot must be complied with.(268)
*150.* _Hold Over, Successors._—When the election of the new trustees is
invalid, the old trustees hold over until there will have been a valid
election of their successors.(269) But where a board that was illegally
elected employed a minister who had no notice of such illegality, he was
entitled to his compensation according to the contract.(270)
*151.* _Majority, Votes Cast._—Where the majority of a congregation
protested against the proposed candidate, but failed to vote for any one,
such candidate who received the greatest number of votes cast, was
lawfully elected.(271)
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account