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 [pg 049] 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]
Chapter VI. Incorporated Religious Societies
62. Special Law, General Laws.—In most of the States there is a special law under which congregations may be incorporated. New York is a good example.[111] Where such law does not exist, the congregation may be incorporated under the general laws. For business reasons each congregation should be incorporated.[112]
63. Officers, Discipline, Property.—When a church society incorporates it becomes a private corporation, and the officers are bound to manage the property in the most upright and careful manner according to the discipline of the church.[113] When a parish incorporates, the title to the parish property vests in the corporation, to which trustees may be compelled to convey it.[114]
64. Incorporation, Evidence.—The certificate of incorporation or charter of a religious society or a certified copy thereof [pg 051] from the public record, is the proper evidence thereof.[115] Secondary evidence and evidence aliunde may be competent in some forums.[116] In most States if incorporation is alleged in the complaint, it need not be proved unless denied by an affidavit or a verified answer.
65. Congregation, Members.—The act of incorporation applies only to the particular congregation petitioning for it and does not extend to other churches, even though they are a subsequent growth within the same territory.[117] Incorporation once established is presumed to continue.[118] When a new religious society is formed and incorporated, consisting of individuals from existing parishes, the members of the new society from the time of its incorporation cease to be members of the respective parishes to which they had belonged.[119]
66. Temporal Affairs, Management.—A majority of a religious corporation at a regularly called meeting may, by a vote taken, bind the minority in all temporal affairs.[120] The character of membership in the religious corporation may be very different from [pg 052] that of membership in the church.[121] The fact that a member has been declared out of the church by an ecclesiastical tribunal, may not affect his rights in the management of the temporal concerns of the corporation.[122]