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
*152.* _By-Law, Tickets._—When a by-law provides that “if besides the
names there are other things upon the tickets, such tickets are not to be
counted,” a ballot having an engraved eagle on it should be rejected.(272)
However, in a very recent case under a statute that specifically provided
what should be printed on the general election ballot, and in addition
thereto the Union Labor label was printed thereon, the court held that the
statute should be strictly construed in favor of the voter and that the
ticket should be counted.(273)
CHAPTER XIII. OFFICERS
*153.* _Charter, By-Laws._—The articles of organization or the charter
which is the constitution of the corporation may provide who may be
officers of a religious society and limit their authority. The
constitution usually gives further authority to make by-laws which are
binding on the officers as well as on the members.(274)
*154.* _Unincorporated Church, Incorporated._—The officers of an
unincorporated church can only be elected by the members of the church,
unless there is some law of the State or rule of the church that provides
for appointing them. In an incorporated congregation, the charter and
by-laws of the corporation determine whether the officers shall be elected
or appointed.(275)
*155.* _Trustees, Control._—A statute passed in 1813 providing that a
certificate of incorporation by the bishop, vicar-general, pastor of the
church, and two others selected by them and their successors shall be a
body corporate, does not constitute the trustees the corporation in place
of the congregation so as to make the acts of a majority of the trustees
binding on the corporation in the absence of proof of other
authority.(276) Under the statutes of Louisiana providing for the
incorporation of congregations for the purpose of administration and
revenues, it was held that the corporation had full control and was
responsible to the congregation alone and could not be controled by the
clergy. The congregation had the right to elect others in the places of
those amoved by reason of their misuse or abuse of their powers.(277) And
in Massachusetts, under the law for incorporating Catholic parishes, no
one but the trustees have any power.(278)
*156.* _Membership, Office._—Where church membership is necessary to hold
office in the church corporation, it is a binding condition
precedent.(279) An officer who withdraws or is expelled from a religious
organization thereby terminates his office.(280)
*157.* _Certificate of Election._—A certificate of election of officers is
prima facie evidence thereof, but the truth may be shown _aliunde_ and a
wrong certificate may be cancelled by a judgment of a competent court on a
writ of _quo warranto_ or proceeding under a statute of the State. Also,
if the certificate does not conform to the law, it is insufficient.(281)
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