come stated hearers in such church, congregation or society, and must note the time when such request was made, and such clerk must attend all such subsequent elections, in order to test the qualifications of such electors, in case the same be disputed or questioned. (Laws of 1813, Ch. 60, Sec. 7: 3 Stat. at Large, 693.)

§ 190. Parol evidence of the number of persons entitled to vote at an election of trustees is admissible, although a regular register of the names of the stated hearers in the church, congregation or society may be kept by the clerk. This fact does not prevent the introduction of parol proof as to the number of the members of the church, congregation or society who are entitled to vote. The object of the register is to test their right to vote, and that seems to be the only use to which it is required to be put. (The People v. Peck, 11 Wend. 605.)

§ 191. We have before seen that an election of trustees of the church or society will be good, although the requirements of the statute in respect to the notice of such election may not have been complied with, provided the election was fairly conducted, and there was no just complaint of want of notice. But if omissions were fraudulently made, or the election had been prejudiced by the omission of the statutory requirements, the election would be invalidated by the neglect. The statute must be liberally and reasonably construed for the benefit of the churches. So also the certificate of the election of the trustees, to be given by the presiding officers, is good, although not made out until months after the election. The presiding officers are required to certify the result of the election immediately, but the statute in this respect is directory merely, and the votes of the members cannot be made ineffectual by the neglect of the presid ing officers. (Ib.)

§ 192. It seems, however, that an election of trustees would be irregular, if the persons specified in the statute to be chosen to preside as inspectors of election were not selected. These persons are, as we have seen, two of the elders or church wardens; and if they are present they must be selected; but if there are no such officers, or being such, they are not present, then two members of the church or society may be nominated by a majority of the members present, to preside. A clergyman or preacher of the Baptist church, though ordinarily called an elder, is not an elder within the meaning of the statute regulating these elections. (Ib.)

§ 193. When a person is proceeded against by information in the nature of a quo warranto, to oust him from the office of trustee of a religious corporation, and he claims title to the office by virtue of his election for a former term, which had expired, and a failure to choose a successor, whereby he is entitled to hold over, he must show positively in his plea that no one has at any time been chosen to succeed him. A statement that an attempt had been made to choose a new trustee without success, will not be sufficient. (The People v. Phillips, 1 Denio, 388.)

§ 194. A party who, at an election of trustees of a religious corporation, has a minority only of the votes received by the inspectors, cannot, upon a quo warranto information, be declared elected, though it may appear that a number of other legal votes, sufficient to have made up a majority, were offered to be given in his favor and were erroneously rejected. It is doubtful whether a person receiving a majority of the votes given can be ousted by showing that a number of legal votes sufficient to have elected his competitor were offered and illegally rejected; though the question has not been authoritatively decided. (Ib.)

CHAPTER XV.

RELIGIOUS SOCIETIES IN NEW YORK-SOCIETY NOT DISSOLVED BY NEGLECT TO APPOINT TRUSTEES-PROCEEDING AFTER SUCH NEGLECT-CERTAIN RELIGIOUS CORPORATIONS CONFIRMEDRE-INCORPORATION OF DISSOLVED SOCIETIES-THE CERTIFICATE-NAME OF SOCIETY, HOW CHANGED.

§ 195. No church, congregation or society incorporated under the provisions of the statute set out and explained in the last preceding chapter, will be deemed to be dissolved because of their neglect, at their stated annual election, to choose any one of the three classes of trustees provided for; but the trustees in office at the time of such neglect will continue to hold their offices until others are chosen in their stead. (Laws of 1826, Ch. 47, Sec. 1; 3 Stat. at Large, 698.)

§196. If the neglect to choose such trustees happen through defect of due notice or otherwise, the trustees of the church, congregation or society, or a majority of them, must immediately thereafter give notice thereof in writing to the minister, or in case of his death or absence, to the elders or church wardens, and in case there shall be no elders or church wardens, then to the deacons or vestrymen of such church, congregation or society; whereupon the minister or other officers must proceed to notify the members of the church, congregation or society of such neglect or omission, and appoint the time and place for the election of new trustees to remedy the same. At least fifteen days' notice of the election must be given in the manner specified in section 179. (Ib.)

197. The election referred to in the last preceding sec

tion must be held and conducted by the same persons, in the same manner, and the result certified in like manner as is prescribed for the annual election of trustees, which has been fully explained in the last preceding chapter, and will have the same force and effect as annual elections regularly held, and not otherwise. Such election, however, must be held within one year after the omission to choose such trustees actually occurred. (Laws of 1826, Ch. 47, Sec. 1; Laws of 1844, Ch. 158, Sec. 3; 3 Stat. at Large, 699 and 702.)

§198. Every corporation of any church, congregation or religious society made pursuant to any law of the State prior to the passage of the general incorporating act of 1813, and organized in conformity to the directions contained in the act of 1813, was established and confirmed by an express provision of the said act of 1813, and deemed to have commenced from the time of recording the certificate. (Laws of 1813, Ch. 60, Sec. 13; 3 Stat. at Large, 694.)

§ 199. In case of the dissolution of any religious corporation referred to in the last preceding section, or of any corporation formed under the aforesaid act of 1813, by reason of a non-compliance with the directions contained in the last mentioned act, such religious society may be re-incorporated in the manner prescribed in the said act, at any time within six years after such dissolution; and thereupon all the estate, real and personal, formerly belonging to the same, will vest in the new corporation the same as though such religious corporation had not been dissolved. (Ib.)

§ 200. Several religious societies in the city of New York, seeking to incorporate themselves under the general incorporating act, by mistake caused their certificate of incorporation to be recorded in the office of the clerk of the city and county of New York instead of the office of the register

of the city, as required by the general act, and therefore the legislature in 1863 passed an act declaring that the recording of every such certificate in the office of such county clerk, prior to the passage of such act, should be regarded and construed, and such recording be of the same validity, force and effect as would have been the recording of such certificate in the office of the register of the city and county of New York; and every act, deed, matter and thing done or performed by every such religious society since the recording of its certifi cate in the office of said clerk, was by the said act ratified and confirmed, and declared to be as valid in all respects as if said certificate had been recorded in the office of said register. It was, however, declared by the last mentioned act that its provisions should not affect any writ or proceeding already commenced at the time of the passage of said act, arising out of such original mistake. (Laws of 1863, Ch.

287, Sec. 1.)

§201. The certificate of the first election of trustees for a religious society, referred to in the last preceding chapter, will be valid if it contain the names of the persons elected as trustees, and the corporate name by which the trustees and their successors are thereafter to be known. A compliance with the requirements of the statute in respect to the giving notice of and conducting the election, the qualifications of the electors and returning officers, and generally in all other respects, may be inferred from the record of such certificate and continued user under the same. A statement in the certificate that the presiding officers were elected by a plurality of votes, is sufficient in that regard, if it do not negative the fact that they were chosen by a majority. The latter fact will be inferred in the absence of contrary evidence. (Methodist Episcopal Union Church v. Pickett, 19 N. Y. R. 482.)