madvert upon the religious belief of either party, or assume to determine that either is in itself right or wrong. (Kniskern v. The Lutheran Churches of St. John's and St. Peter's, 1 Sand. Ch. R. 439.)

§ 214. Two of the trustees of any church, congregation or society, except of the Protestant Episcopal church, may at any time call a meeting of such trustees, and a majority of the trustees of any church, congregation or society, incorporated under the general incorporating act, when lawfully convened, are competent to do and perform all matters and things which such trustees are authorized or required to do and perform; and all questions arising at any such meeting must be determined by a majority of the trustees present; and in case of an equal division, the presiding trustee will have the casting vote. (Laws of 1813, Chap. 60, Sec. 5; 3 Stat. at Large, 692.)

§ 215. The trustees of a religious society can alone bind the corporate society, and in order to execute this power, the trustees must meet as a board, so that they may have each others' views, and deliberate and decide the questions before them. The separate action of the trustees individually, without consultation, although a majority in number should agree upon a certain act, would not be the act of the constituted body of men clothed with the corporate powers. (Cornmeyer v. United German Lutheran Churches, 2 Sand. Ch. R. 186.)

§ 216. The trustees have not the power to fix or ascertain the salary to be paid to the minister of their church, congregation or society. Neither can they distribute the property of the society among the individual members, or any class of them; nor can authority be conferred on them to do so by the vote of a majority of the members and the order

of the court. (Laws of 1813, Ch. 60, Sec. 8; 3 Stat. at Large, 693; Wheaton v. Gates, 18 N. Y. Rep. 395.)

§ 217. The question often arises with respect to the power to let temporarily the church edifice, or other rooms of a religious society, for lectures and the like, which have no connection with the objects for which the structures were erected. There would seem to be no objection to the exercise of such power, provided it is not carried to the extent of interfering with the rights and convenience of the society, or perverting the legitimate ends for which the property is held. In cases of letting the church edifice for the purposes suggested, it has also been a question whether the trustees, or the body representing the spiritual interests of the church, its government and discipline, should assume to exercise the control; but the better opinion would seem to be that the trustees only have legal authority in the premises. Indeed, the control of the trustees in regard to the church edifice is such that, should they close the church doors against the minister and congregation, and the latter should break and enter the church by force, an indictment, at the instance of the trustees, would lie against them for the forcible entry. (The People v. Runkle, 9 Johns. R. 147; Petty et al., Trustees, v. Tooker, 21 N. Y. Rep. 267.)

§ 218. Whenever any religious corporation, other than those organized under special charters, may deem it necessary and for the interest of such religious corporation to reduce their number of trustees, it is made lawful for any such religious corporation to reduce or to increase their number of trustees at any annual meeting, though the reduction or increase cannot be made so as to have a less number than three or a larger number than nine trustees in any one of said religious corporations. Care should be taken that the annual meeting of the society be regularly notified

when a change of this kind is proposed to be made, as difficulty might arise if the act were consummated at an irregu lar meeting. A notice of at least two weeks must be given at a regular meeting of the society, of the time and place of holding the meeting, at which the reduction or increase may be proposed. (Laws of 1813, Chap. 60, Sec. 9; 3 Stat. at Large, 693, as amended by Laws of 1866, Ch. 414.)

CHAPTER XVII.

RELIGIOUS SOCIETIES IN NEW YORK-THE PRIEST OR MINISTER OF THE CHURCH - HOW EMPLOYED FORM OF PROCEEDING-HOW DISMISSED.

§ 219. The priest is a person set apart for the performance of religious offices and ceremonies. The priestly office is shown by history to be nearly co-extensive with religion itself. Hardly a barbarous tribe has ever been discovered without some sort of priests to guide the people in the worship of their deity. The minister is a person who serves at the altar, or administers the rites of religion; and the clergyman is a man in holy orders, or one who is set apart by ordination for the offices of religion. The rector is the clergyman who has charge of a parish church-literally the governor of a church. The name is usually applied to the priest or minister of the Protestant Episcopal church. The terms priest, minister, clergyman and rector are synonymous as used in the laws of the State of New York.

220. The different denominations have different forms and methods of calling or designating their pastor or minister, but there are certain prerequisites necessary to be observed in all cases, in order that the relation of pastor and people may be recognized in law, and the incumbent be able to obtain his salary from the revenues and resources of

the society. The church, as to its doctrines, government and worship, is to be governed by its own peculiar rules, which, under the laws of New York, cannot be interfered with; but the priest or minister cannot be called and settled by the church or communicants only, or sent by the spiritual head of the church, when the priest or minister expects to preach in the building belonging to the society, or occupy the glebe and parsonage, or receive his support or compensation for his services, from pew rents or from the subscriptions or ordinary contributions of the stated hearers of the congregation. (Lawyer v. Cipperly, 7 Paige, 281.)

§ 221. The priest of a Roman Catholic church is appointed by the bishop of the diocese in which the church is located, and his salary is usually paid from the pew rents of the church. This practice is peculiar to that denomination, and is ordinarily attended with no difficulty, from the fact chiefly that the title to the church property is generally vested in the bishop. The Methodist Episcopal preachers are also sent to their pople in a similar way, by the bishop who presides at the annual conference, in which they are located. Their appointment, however, must be virtually ratified by the trustees and members of the societies which they are expected to serve, or they might be excluded from the church edifices and parsonages, and be unable to obtain their support from the revenues of the churches. There may be one or two other denominations in which the priest or minister is appointed without consulting the trustees or society, but such cases are exceptions to the general rule, and are not regarded in the law.

§ 222. The rector for a Protestant Episcopal church or congregation is called and inducted by the church wardens and vestrymen, without the voice of the church or congregation being necessarily obtained. Care must be taken, however, when action is to be had upon the question of calling

the rector, that the meeting of the church wardens and vestrymen for that purpose be properly notified and regularly held, as required by the terms of the statute in such cases. (Laws of 1813, Ch. 60, Sec. 1; 3 Stat. at Large, 688.)

§223. Other churches have their rules and forms for calling their ministers and pastors. By the form of government of the Presbyterian church, when the congregation are prepared to elect a pastor, it is made the duty of the church session to convene the society, if a majority of the persons entitled to vote in the case shall, by a petition, request that such meeting be called. Notice of the contemplated meeting must be publicly given from the pulpit of the church or house of worship, on a Lord's day, immediately after public worship. On the day appointed for the meeting, if expedient, a minister invited for the purpose must preach a sermon, and after the sermon announce to the people that he will proceed to take the votes of the electors of the congregation or society for a pastor, if they so desire. If such desire be expressed by a majority of voices, the minister must then proceed to take the votes accordingly. No person will be entitled to a vote in the election who refuses to submit to the censures of the church regularly administered, or who does not contribute his just proportion, according to his own engagements, or the rules of the congregation or society, to all its necessary expenses. If a majority of the votes cast are in favor of the candidate, and they insist upon their right to call a pastor, the presiding minister must draw up a call in due form, and have it subscribed by the electors; and the proceedings of the meeting, together with the call, must be then laid before the presbytery to which the church belongs. (Const. of Pres. Church, 383, et sequitur.)

§224. If the presbytery think it expedient to present the call to the candidate, it will be presented accordingly, and