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 [pg 105] 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 [pg 107] 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 [pg 108] 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 [pg 109] 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]