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
*163.* _Note, Trustees._—A church will not be bound by a note which was
executed by two of its trustees and sent around to other trustees to sign
it, where there was no vote of the board of trustees at an authorized
meeting to borrow or to execute such note.(295) A meeting of a board must
be called as required by law or the by-laws of the organization, and in
the absence of any such all members must be notified a reasonable time
before the time fixed for holding the meeting. However, if all the
trustees are present and agree to hold a meeting it is valid; but it would
be well to put such consent in writing and have all the members sign
it.(296)
*164.* _Money, Powers._—The treasurer of a congregation has no right to
return to members moving out of the parish a part of the money paid for
the church by them.(297) Officers of a corporation have no powers only
those conferred upon them by the charter and by-laws of the corporation or
by a majority vote of a duly called meeting of the congregation.(298) When
the trustees of a church are authorized to execute contracts for the
church, they should act as a body or delegate the power to one of their
number or ratify the acts of one of their number.(299) The individual
disjointed action of trustees of a religious society, at various times and
places, although assented to by a majority, is not the action of the
board, and is not binding on the society. To make the action of the board
of trustees binding, they must duly meet and by a vote determine their
action.(300)
*165.* _De Facto Officers._—The acts of _de facto_ officers can not
usually be questioned in a collateral proceeding, such as to set aside a
conveyance, when the merits of the question do not involve the
election.(301) Being elected does not alone make a person a _de facto_
officer; but he must also be acting in the particular office to which he
claims to have been elected.(302) But one who has entered into a contract
with the officers of a congregation is estopped from denying their
authority to make such contract.(303)
*166.* _Trustees, Thanks, Charge._—Where trustees have taken care of funds
without charge, the only entry kept being a vote of thanks from time to
time, they could not afterward charge a commission on the moneys handled
by them for such services.(304)
*167.* _Discretion, Excommunication._—A court has no authority to control
the exercise of the judgment or discretion of the officers of a church in
the management of its funds so long as they do not violate its
constitution or by-laws.(305) Excommunication does not always remove an
officer of a church corporation.(306) The legal rights of a bishop in
regard to the temporalities of a church where they are not prescribed by
civil law, must rest, if at all, upon the ecclesiastical law, which must
be determined by evidence.(307)
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