*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)
*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.
*185.* _Quorum, Majority._—A quorum of a congregation usually consists of
those present at a duly called regular meeting, and a majority of those
present is sufficient to carry questions, unless by rule or law otherwise
provided.(336) But where there is a definite body in a corporation which
has established no other rule, a majority of the members of the
corporation constitute a quorum.(337) Where the minutes of the clerk
stated that upon due notice the members of the corporation met, a quorum
is presumed.(338)
*186.* _Votes, Challenge, Inspectors, Casting Vote._—The reception of
illegal votes does not invalidate an election unless they change the
result.(339) If the presiding officer refuses to allow a qualified voter
to vote, the right may be enforced through civil courts.(340) When votes
have been received without challenge, it is then too late to raise the
objection that the persons have no right to vote.(341) It is the duty of
the inspectors to determine the qualifications of an elector at the time
that he offers to vote, and before he votes; and if they decide in the
exercise of their judgment, without malice or improper motives, the
regularity of the election can not be questioned.(342) When a rule allows
the presiding officer to vote and another rule states that he shall have
the casting vote in case of a tie vote, he still had the right to cast the
decisive vote.(343) Illegal voting in a religious society probably is not
an indictable offense, but it is a disorderly act.(344)
*187.* _Written Notice, Prayer Meeting._—Where a five days’ written notice
is required to hold church meetings, an oral notice given on Sunday
evening at the prayer meeting is not sufficient for a meeting on the
following Wednesday. But a vote taken on Sunday to hire the minister and
fix his salary, is not void.(345) Churches and benefit societies, such as
insurance fraternities, being charitable organizations, may do business
concerning such association on Sunday.(346)
*188.* _Expulsion, Damages._—A man who has been wrongfully expelled from a
temperance society for religious reasons may recover damages
therefor.(347)