142. Freedom, Faith, Doctrine.—The constitution in declaring the freedom of all men to worship God according to the dictates of their own consciences, does not give a church member the right to repudiate the faith and doctrine on which the church was founded, and at the same time to insist on his right to exercise and enjoy the benefits and privileges of a member of such church.[252] Every person joining a church, impliedly, if not expressly, agrees to conform to its rules [pg 087] and to submit to its authority and discipline.[253] A person who has been expelled from a religious society can not maintain an action for services rendered the society while he was a member.[254]
Chapter XII. Elections
143. Time, Place, Void.—Where a religious society that is incorporated holds an election for trustees, which is held at the wrong time or place, the election is void.[255]
144. Voting, Communicants, Attendance.—A by-law of a church that prohibited any person whose pew rent was in arrears more than two years from voting at a church meeting, is valid and reasonable.[256] Where a charter of a religious society allowed only members being communicants to vote after they had attained the age of eighteen years, to entitle a member of the congregation to vote it was necessary that he should have taken the sacraments after the age of eighteen years.[257] Where the right to vote was limited to members who contributed not less than ten shillings annually toward the support of the church, those who were challenged for want of complying with the rule [pg 089] can not do so after being challenged and then vote.[258] Stated attendance at divine worship in the church, congregation, or society, and contribution to the support of such church, may be made the tests of the right of a person to be a voter at an election. The attendance of a wife or children of the family is not sufficient to confer the right to vote on the husband or father.[259]
145. Voters, Poll List.—Parol evidence is admissible to prove the number of persons entitled to vote in a church society, notwithstanding that there is a register of names of the stated hearers in such church kept by the clerk of the trustees.
146. Notice, Quorum, Majority, Strangers.—It is not necessary that a majority of the members of a religious society be present to constitute a corporate meeting. Those present at a regularly called meeting of which due notice has been given to all the members, constitute a quorum; and, in the absence of a rule to the contrary, a majority of the votes cast carries any question.[260] The presence of strangers, unless they vote, will not vitiate the proceedings. If they should [pg 090] vote, unless their votes determine the election, it will not be void.[261] The casting of a few illegal votes that would not change the result of the election does not make it void.[262]
147. Challenge, Ground.—The right of a person to vote at any meeting may be challenged. The proper time to challenge a voter is when he offers his vote. After his vote has been received it can not be thrown out on the ground that he was disqualified.[263] A church election for which due notice has been given, that has been fairly conducted, and all the requirements of the statute or rules of the church complied with, is conclusive.[264] Without due notice, all proceedings are void.[265]
148. By-Laws, Usage.—If there is no law of a religious society determining the mode of conducting an election, the corporation may provide by-laws therefor; and if the corporation should fail to make such by-laws, a long established usage will govern.[266] Also, if the time an election is to be held is provided for, but the manner of conducting [pg 091] it is not, the meeting may be conducted according to established usage.[267]