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)

*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)

The Clergyman's Hand-book of Law: The Law of Church and Grave · 第 14 / 34 章