XXXVII. By unanimous consent any action may be taken that is not in contravention of any provision of the Constitution or the Canons of the Church or of the Diocese. XXXVIII. Before the adjournment of the Convention, the Minutes of the last day's proceedings shall be read and approved. XXXIX. Whenever in the Rules of Order provision is made for action by the Bishop, such action, in case of the absence or disability of the Bishop, shall devolve upon the Bishop-Coadjutor, if there be one, but if there be none or in case of the absence or disability of the Bishop-Coadjutor, shall devolve upon the Suffragan Bishop, if there be one, or if there be more than one, shall devolve upon the senior in point of consecration, or in case of his absence or disability, shall devolve upon the other Suffragan Bishops in the order of their consecration, and shall devolve upon the Standing Committee or other authority or person in cases where provision is made for their action in the place of the Bishop, only in the event of the absence or disability of the Bishop or the Bishop-Coadjutor, and the Suffragan Bishop or Bishops, or of a vacancy in the Episcopate. XL. Any rule of order may be suspended by the vote of not less than two-thirds of the members present. Any new matter introduced during such suspension may be explained by the mover in a statement of not more than five minutes, but otherwise shall not be subject to debate or action until after report from the appropriate committee. No rule of order shall be changed or rescinded without one day's previous notice of a motion to that effect. REPORT Of the Committee on Canons on the Definition of Term "Regular" As Applied to Those Qualified to Vote at Parish Elections On the third day of the Session (Journal 97) there was referred to this Committee the motion of the Rev. Mr. Hatch that there should be suggested an amendment to the Religious Corporations Law, or else clear instructions to Rectors or other judges of elections, which should obviate difficulties now felt with reference to the meaning of the term "regular" in the phrase, “regular attendants at its worship and contributors to its support." The Committee has carefully considered the subject and recognizing present difficulties is of the opinion that still greater difficulties would attend upon and result from any effort (even if successful) to obtain legislation. In the first place, no legislation, such as that now proposed, binding upon the five dioceses in this State, could be obtained without the consent and co-operation of all of these dioceses. This would involve action of four other conventions meeting not earlier than next spring, after the close of the legislative session, and conferences of considerable difficulty and doubtful result. In the next place, the drafting of a satisfactory amendment would seem to be beset with insuperable difficulties. To define "regular" as requiring attendance at a given number of services would invite interminable debate as to how many or how few should be the number. Then, of course, excuses should be allowed for absence from the parish, the village, the town, the city, the state or the country, and also for necessary absences on account of the illness or disability of the member or in his family. With all of the exceptions finally determined as necessary to avoid injustice, the law would be full of loopholes through which escape might be had. The question for the Rector then to decide would be as to the validity of the excuse, a point of difficulty not less embarrassing than that encountered in deciding as to regularity. At all events the Committee is of the opinion that any resolution to this end should be accompanied by the draft of an amendment satisfactory at least to the proposer and in concrete form suitable for action by the Convention.. Until such a concrete proposition shall be submitted for its consideration the Committee is of the opinion that further consideration of amendatory legislation is inexpedient. As to the adoption of clear instructions to Rectors of the parishes or other judges of elections, the Committee deems it sufficient to refer to the opinion of the Court of Appeals in the case of the People vs. Lacoste (37 N. Y., 192), where it was held that, in such elections the Rector is both the presiding and the returning officer and his certificate of election is prima facie evidence of the right to the office; that the presumption is that the Rector did his duty and received only the votes of electors; and that contestants must bear the burden of proving the contrary. How difficult it would be to overturn the Rector's decision as to regularity upon the ground either that he had received the votes of those not entitled to vote or that he had excluded some entitled to vote will appear upon a consideration of the opinion of the Court of Appeals in the case of People vs. Tuthill (31 N. Y., 550), where it was said that a regular attendant is one who attends regularly, not occasionally, and that "the "distinction between an attendance of that character and one whose attend"ance is irregular and at uncertain periods or occasional only is plain and "well understood. Indeed, it is too plain and obvious to be aided much by "attempts at exact description or definition. Regular attendance at the "stated times for worship as established in the church or congregation as "distinguishable from irregular or occasional attendance is what is neces"sary. This attendance must be personal and cannot be supplied by another. "The regular attendance of the wife or other member of the family will "not answer, and no amount of contribution to the support of the church "or the society can be accepted in lieu of this personal attendance statedly. "It is plain enough that the persons whose votes were challenged and "rejected at the election in question were not such attendants as the statute "requires to constitute legal voters. For the year preceding the election "they had been as clearly appears from the evidence irregular and occa"sional attendants at most. Most of them seem to have been regular con"tributors to the support of the society for many years, but not regular "attendants on divine worship for the year preceding. They had one quali"fication, but not both, and their votes were properly rejected. It is un"necessary to determine in this case how often a person must attend at the "stated periods for worship in the course of a year to be a stated attend"ant. It is enough to say that persons who attend a few times only in "the course of a year as compared with the number of stated times for "worship within such year, and at irregular and uncertain intervals, are "clearly not stated attendants." As to this opinion, it may be proper to observe that though the term there under consideration was "stated," this term was treated by the court as though synonymous with the term "regular." The Committee deems this opinion of our highest court as a sufficient construction of this century-old statute for the guidance of rectors and of voters in a parish of Christian believers. RELATING TO PROTESTANT EPISCOPAL CHURCHES CHAPTER LI OF THE CONSOLIDATED LAWS. (As amended to date.) The Religious Corporations Laws. ARTICLE I. Provisions Applicable to Religious Corporations Generally: § 12. Sale, Mortgage and Lease of Real Property of Religious Corporations. A religious corporation shall not sell or mortgage any of its real property without applying for and obtaining leave of the court therefor pursuant to the provisions of Article four of the general corporation law. The trustees of an incorporated Protestant Episcopal Church shall not vote upon any resolution or proposition for the sale, mortgage or lease of its real property unless the Rector of such church, if it then has a Rector, shall be present, and shall not make application to the court for leave to sell or mortgage any of its real property, without the consent of the Bishop and standing committee of the Diocese to which such church belongs; but in case the See be vacant, or the Bishop be absent or unable to act, the consent of the standing committee with their certificate of the vacancy of the See or of the absence or disability of the Bishop shall suffice. The trustees of an incorporated Roman Catholic Church shall not make application to the court for leave to mortgage, lease or sell any of its real property without the consent of the Archbishop or Bishop of the Diocese to which such church belongs or in case of their absence or inability to act, without the consent of the Vicar-General or Administrator of such Diocese. The petition of the trustees of an incorporated Protestant Episcopal Church or Roman Catholic Church shall, in addition to the matters required by Article four of the general corporation law to be set forth therein, set forth that this section has also been complied with. But lots, plots or burial permits in a cemetery owned by a religious corporation may be sold without applying for or obtaining leave of the court. No cemetery lands of a religious corporation shall be mortgaged while used for cemetery purposes. Except as otherwise provided in this chapter in respect to a religious corporation of a specified denomination, any solvent religious corporation may, by order of the supreme court obtained as above provided in proceedings to sell, mortgage or lease real property, convey the whole or any part of its real property to another religious corporation, for a consideration of one dollar or other nominal consideration; and for the purpose of applying the provisions of Article four of the general corporation law, a proposed conveyance for such consideration shall be treated as a sale, but it shall not be necessary to show, in the petition or otherwise, nor for the court to find, that the pecuniary or proprietary interest of the grantor corporation will be promoted thereby; and the interests of such grantor shall be deemed to be promoted if it appears that religious or charitable objects generally are conserved by such conveyance; provided, however, that such an order shall not be made if tending to impair the claim or remedy of any creditor. If a sale or mortgage of any real property of any such religious corporation has been heretofore or shall be hereafter made and a conveyance or mortgage executed and delivered without the authority of a court of competent jurisdiction, obtained as required by law, or not in accordance with its directions, the court may, thereafter, upon the application of the corporation, or of the grantee or mortgagee in any such conveyance or mortgage or of any person claiming through or under any such grantee or mortgagee, upon such notice to such corporation, or its successor, and such other person or persons as may be interested in such property, as the court may prescribe, confirm said previously executed conveyance or mortgage, and order and direct the execution and delivery of a confirmatory deed or mortgage, or the recording of such confirmatory order in the office where deeds and mortgages are recorded in the county in which the property is located; and upon compliance with the said order such original conveyance or mortgage shall be as valid and of the same force and effect as if it had been executed and delivered after due proceedings had in accordance with the statute and the direction of the court. But no confirmatory order may be granted unless the consents required in the first part of this section for a Protestant Episcopal or Roman Catholic Church have first been given by the prescribed authority thereof, either upon the original application or upon the application for the confirmatory order. This act shall take effect immediately. Article III. Special provisions for the Incorporation and Government of Protestant Episcopal Parishes or Churches: SECTION 40. The meeting for incorporation. 41. The certificate of incorporation. 42. Corporate Trustees; Vestry; power and duties thereof. 44. Changing the number of vestrymen of Protestant Episcopal 45. Changing date of annual election, number and terms of office of vestrymen and terms of office of church-wardens in Protestant Episcopal Churches heretofore incorporated. 46. Changing the qualifications of voters and the qualifications of wardens and vestrymen. § 40. THE MEETING FOR INCORPORATION.-Notice of a meeting for the purpose of incorporating an unincorporated Protestant Episcopal parish or |