*54.* _Partners, Debt, Liability._—Where several go into an undertaking
without first being incorporated they are usually liable as partners, each
one being responsible for the whole debt. In some States the same
liability exists where an attempt has been made to incorporate, but there
was a failure to comply fully with the law.(93) There is some authority
freeing the individual members of a religious society from liability for
the debts of such society,(94) and holding that an agent of such society
could not bind the society in their associated capacity by a promissory
note,(95) but the rule is that the members of an unincorporated society
who actively incur lawful debts or ratify them after their creation are
personally liable. There are exceptions to this rule by statute or
decisions in a few States.(96) Also, the law of personal liability is
settled in England.(97)
*55.* _Pastor, Salary._—In a late case in Wisconsin where a pastor had a
contract with his congregation as to his salary, after the clergyman’s
death his heirs recovered the unpaid part of his salary in an action
against a few of the individual members of the congregation.(98)
*56.* _Building, Materials._—The members of the building committee of an
unincorporated church are liable for materials purchased by them for the
church, notwithstanding that the seller charged the materials in the name
of the church, and that at the time that the purchase was made, he was
told that the money for payment was to be raised by subscription among the
congregation.(99)
*57.* _Management, Disability._—An unincorporated society is managed by
those who are competent to transact their own business. Therefore, it
would seem that members must be men over twenty-one years of age, and not
under legal disability. The minor sons in a family who have continued
their attendance at the religious services until of full age, are
considered members.(100)
*58.* _Shakers, Sect, Catholic Church, Trustees, Funds._—Although the sect
called Shakers is not incorporated, yet it has been allowed to take and
hold property for church purposes.(101) In Massachusetts, by statute, a
sect may take and hold property for religious purposes without
incorporation.(102) The Roman Catholic Church is a recognized public
corporation by most nations, including the United States.(103) No
individual member of any such body has any title to the lands it holds,
but the lands are the property of the society in its aggregate
capacity.(104) After property has been acquired, the trustees have no
right to distribute it among the members, as such power could not be
conferred upon them by a majority vote even when approved by an order of
the court. The contributors did not intend their funds to be so disposed
of, and if they failed to attain the use intended, they must be returned
to the donors, and if not called for, would escheat to the state.(105)
Where an unincorporated society has purchased property and taken the title
thereto in the name of one of its members, when it subsequently
incorporates such member may be required to execute a conveyance to the
corporation.(106)
*59.* _Contract, Binding._—Persons forming a religious society may make a
contract for the support of its minister by a majority vote.(107) When
such unincorporated society by a majority vote enters into a contract or
compromises a suit, it is binding upon the minority.(108)
*60.* _Court, Trust._—Any member of an unincorporated society may go into
a court of equity on behalf of himself and others to enforce the execution
of a trust in favor of the society.(109)
*61.* _Societies, Membership, Forfeiture._—Voluntary religious societies
when not restricted by their charters or articles of association, may make
by-laws declaring what shall constitute membership and what shall operate
as a forfeiture thereof, applicable to existing as well as to future
members. Where money is voted to be raised by an assessment to be made at
a subsequent period, a person who was a member of the religious society at
the time that such vote was passed, but withdraws before the time of
assessment, is not liable to taxation.(110)