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
*179.* _Meeting, Consent._—A valid meeting can not be held by a
corporation, unless notice has been given in conformity with the laws and
rules and regulations of the corporation or the consent of every person
who is entitled to be present at the holding of such meeting. In the
latter case the consent should be in writing and signed by all the
members.(324) However, a person who attends a meeting and takes part in it
without objection, is estopped from raising the question of notice.(325)
*180.* _Notice, Principal Service, Custom._—When a rule of a church
required notice of a meeting to be given at the principal service, a
notice given at an earlier service only, was void.(326) But where the
ordinances of a church specified that the election of officers should be
at least six days before the end of their term, and it became the custom
of the church to hold the election on a movable holiday which sometimes
was less than six days, the election was held valid.(327)
*181.* _Adjournment._—Where a meeting was noticed for one day and held on
a different day without notice of adjournment, all acts done were void and
the officers elected were neither _de jure_ nor _de facto_ officers.(328)
*182.* _Proof of the Notice._—The proper proof of the notice would be the
return of the officer serving the notice, in some States; and in others an
affidavit of the person who served the notice. The proof of the services
of a summons would be sufficient unless there is some other law or rule to
the contrary.(329)
*183.* _Presiding Officer._—When the laws of the organization provide who
shall preside at a meeting, but the minister contrary to such laws and
against objections presided over the majority of the congregation, and the
minority was presided over by the proper person, and both elected
officers, the officers elected by the minority were the lawful ones.(330)
However, where a meeting is presided over without objection by a member
instead of the proper officer, the acts of the body are lawful.(331)
*184.* _Voters, Rules._—Unless the laws of the State otherwise provide,
every religious organization has the right to determine who shall vote at
its meetings and elections. If those provisions are reasonable, they are
lawful. Under such provisions it has been repeatedly held that where there
are rules requiring annual subscriptions to the church,(332) only those
who rented and paid for pews, or those who paid a certain annual tax, or
those who went to communion, were entitled to vote.(333) And where there
was no rule, it was held that one who has not contributed to the
church(334) and persons who attended church only occasionally and
contributed only when they attended, were not qualified voters.(335) In
the last case it was stated that a qualified voter is one who has attended
regularly during the year and has contributed to the support of the
church.
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