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
*174.* _Warden, Wages, Sexton._—A church warden who was hired by the
trustees of a church can not collect his wages by an action against the
priest of the parish.(315) A church accepting the services of a sexton is
liable to him therefor, whether the by-laws were observed in employing him
or not; nor will the fact that any party (as in this case the Ladies of
the Altar Society) agreed to contribute to his annual salary, defeat his
recovery of the whole from the church employing him.(316)
*175.* _Sewing Circle, Money._—A church may maintain an action against a
sewing circle to require it to pay over money collected for the benefit of
the church.(317)
CHAPTER XIV. MEETINGS
*176.* _Business, Notice, Meeting._—Where, in the transaction of the local
business of a religious society, whether incorporated or not, meetings of
the members shall become necessary, in order to make such meetings legal
due notice thereof should be given to every member. The notice should
specify the exact time and place where the meeting will be held, and no
change can be made except at such time and place. Unless some other place
is specified, the parish church is the proper place for holding meetings.
If the church should be locked and the key can not be found, a meeting
should be held at the door or at the nearest practical place to the church
where all the members may assemble, and then by a majority vote they may
adjourn to any convenient near place accessible to all the members.(318)
*177.* _Acts, Void, Lawful, Clerk._—The acts of a majority of the members
of a corporation, unless done according to law and in conformity with the
charter and by-laws of the corporation, are absolutely null and void.(319)
The only lawful manner by which a congregation can express itself, is by a
meeting regularly called and held upon due notice.(320) The notice of a
meeting should be authorized by the trustees or other authority of the
church, and given to all the members. The clerk of the board of trustees,
unless authorized to do so, has no authority to sign the name of the
members of the board to a notice, and a meeting called in that way is
illegal.(321)
*178.* _Special Meeting, Notice._—When a meeting is special, the notice
must state for what purpose the meeting is called. If it fails to do so it
is void, and unless all the members are present and consent to the holding
of the meeting, all business transacted is illegal and void.(322) Notice
of a special meeting that states one specific purpose for which it is
called, and then states “to transact any other business that may legally
come before the meeting,” is not good for any purpose except the one
specified.(323)
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