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
*158.* _Term, Successors, Contest._—Where there is no term of office
fixed, the presumption is that an officer continues as such until proof to
the contrary is established,(282) or until his successor shall have been
elected and shall have qualified.(283) Also, the officers elected for a
certain term can not be amoved by electing new officers before the end of
the term.(284) When officers or committees have been elected “for the
ensuing year,” they shall hold office until superseded by their duly
elected successors. Where two sets of officers were elected at a meeting
of a religious corporation and the set that was elected according to the
charter continued in office by appointment thereafter, it was too late for
the irregularly elected officers to make a contest for the offices after
the term for which they had been elected had expired.(285)
*159.* _By-Laws, Preside._—At an election of trustees under by-laws that
provide that certain officers shall preside, if there are no such officers
members may be selected to preside in their places.(286)
*160.* _Note, Overdraft, Interest._—The president and secretary of a
church corporation have no authority to make a promissory note unless
authorized by the board of trustees.(287) Neither has the treasurer
authority to make an overdraft on a bank with the action of the
trustees.(288) The trustees of a parish, however, may make a note binding
the congregation for the payment of the money used in building a
church.(289) But when the trustees have an interest in the transaction,
adverse to the congregation, they are disqualified from acting.(290) When
trustees had claims against the congregation which they included with
other claims that third parties had against the church, they could not put
them in a judgment note so as to get a lien upon the church property. When
officers do not bind the congregation, they usually bind themselves.(291)
The trustees of an unincorporated church can not bind it beyond the
expressed powers granted by the members.(292)
*161.* _Board, Control._—When the laws of the organization give control of
matters to the board of trustees, the majority of the members of the
church can not control the action of the trustees contrary to the usages
and regulations of the church.(293)
*162.* _Treasurer, Accepting a Draft._—A parish treasurer has no authority
under any condition to bind the corporation by accepting a draft in favor
of a third person. A treasurer elected for the purpose of receiving and
investing funds in his individual name, holds such funds as trustee for
the church and is subject as such trustee to a court of equity. Persons
claiming to be trustees of a church but never getting possession of their
offices or the property of the church, can not maintain an action against
other persons who are in possession and have been duly elected.(294)
Public-domain text, read in full here on John Shaqi.
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