New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-03-19
The Witness Yes. Sir.


Judge Neilson-who present, Mr.. Halliday
The Witocss-Mr Hawkins Mr. White, Mr.. Moody, Mr..
Ropcs Mr. West Mr. Morton Mr. Halliday, OF the brethren;
and Of c dcsconesses Mr. Morrill, Mrs Pratt aud Mrs Hal
hd,y 7 cla ou'y tel from the record
Nit IctNn lie reads that from the record That Is pu''
tls tl ,'ord in eylcDcc, far as tina, Is concerned
Mr. Shcarmaa-I have no objection putting the record IN
evidence
Judge Nci'sou-Iet tina, page be marked.
Mr.. Shcasman--Thc whole recordf
Judge N,ilson-To the Witnessl II appears that ee''S
resolutions adopted at that meeting:
Mr. Shcarman--lTo the Witncss His Honor asks 20"
question
Judge Ncisou-It APPEARS that certain resolutions "'''
adopted at Tat meeting. ,
The wi,acss-I doat think they made matter o'
record.
Judcc Nc.-on-souac resolutions
Mr. Shca7mau-s.i resolutions were aaopteo'
The record there wouil no; like TO state
Mr.. Sh,lsa.a-Tacrc some 'oie'
The W;.tss-I iat look al aay'.g except lh' h"i'N
ghc miaitc are IN N, own haalVuihg
Mr. sbo,1,,n Il yoar Homo. VII permit me, before
sskine the GU. dom viii JET road very b1iei saca'ni
Judge Il, l>,a-No think understand IT, WHAT is the
rue ha, vas referred thu 0thc day: rule requiring three
deacon, a3i fare
Mr. sc-anl rule rcoulriag lrcc members OF the n-ard
OF Dca.ol$ 10 matter they decons or deacon
esscs.
JUDGE on-rha is the point just read the rule and let
Bo,sa require thtce of body anu three Of the
other
Mir sherman = does not, your Honor
JUDGE Nc.oa-Aihough each may be oe.t0 members Of
he o,hc:
Mr.. Shc,rman-liue -:
Three members Of the Board Of Deacons, Eyaminins Con"
quorum tog ne transaction of business
Jud,c y, son Put your question
Nj saca.naaI viii a., vow Mr. Halliday. whether that is
a., ORC OF the OF Plymouth Church IL force in October
ts7s: Yes, sir bni-
@ Wei, il L.: 4. There must be notification OF all the
members u the Board.
. Ala special meeting you m,ar' A They must be special
y notified
@. 1T 4 -pecial mcetng'
Mr Certainty Thai il what lie says
Mr. Sheannan-We arc not talking about special meeting
This was aGcyllar meeting was it not, Mr. Halliday
The Witnrss-Yes Sir all the members were notified and II
,nly three came, they constituted quorum
NJ Shclrman-It would make no difference whether they
were notified or not if i; a regular meeting
The W.ness-That was rule OF the Board Of Deacons
hat all should b. noiiled.
O. You mean that was the usage. You notified them A
Yea Sir On don't think it is in the rule My impression
~
o know II i, not in the rule. There such rule.
A No I don't think there is a stated meeting OF the
Board and always notified every member Of the Board
rhen was clerk Of the meeting Ieycr an exception.
Mr. Snea-nan- Now. I suppose, your Honor the only
,noon IS whether We can give oral evidence to matters
happened this meeting and which are not recorded
Now Mr. Grcenca states the rule briefly TO be that in any
,asc except with ons oral evidence can be gwen
The first tLt be substituted for any instrument
That the Inv requires be in writing. In the second place
,snuo be substituted for any contract which the parties
have nut in writing and third that cannot be substituted Tor
INV wrg the existence OF which is disputed and which is
material 20 between the parties or TO the ceuH OF
Witnesses and merely memorandum OF some other TACT
Now here propose shoT that question was raised IN inc
meeting of the Of corporate body and that therc was
unannou sentiment way the result OF which was there
Ms nobody present who cold would propose resolution 70
III contrary ard that unanimous sentiment Ihete colu III
The nature the things neither by mover or se'ohocr
srd therefore there could be nothing whch couu
be- properly entered upon the minutes OF the nody'
II l,ov ANYTHING about the rules which govern
e minutes Of the meetings nothing is to be entered upon the
records o. the meetings except FIN. resolutions Jefferson
lay, down in Manual tat oven If resolution Is moved
vet is not seconded notice Is TO be taken IN the record
k2 by The clerk That i, the re'cof Parliament the RUE oil
Conge. and The ulc the legislature and the rule Of the
Common Cornell Now could not prove a. fact Inst
.,, % the Icr ge Offered resolution, and that in con
sequence u lis not being seconded failed to appear Oh the
Eecoid,
judge Ncilsoa-You could
MI Sarrlan-Tncn your Honor hirk this Is parallel
with that We propose to that the question was raised
whether anything should he done on this subject but that
no one wa willing Offer resolution because there was not
ncl, person there who in favor Of taking any action
but that the question raised and discussed az cIGth
Now in the case Badger rs Barb 1iG was
held tina, it was competent for plaintiff to prove by Witnesses
who were present election Of directors who were elected
al such oec The books of the company although tey are
proper evidence they contain record Of the election are not
lie sole evidence the fact In Trustees OF 81 Mary o.
Casgc Barb 500 the Court held that ii might he shown
That cert receives were adopted by the trustees OF the cor
poratou ct Of their meetings, Notwithstanding the
adop,on did 10, appear from their Minutes THINK
your Honor will that those are c@ses stronger IN
my favor than the which present We propose
r. chow that the subject discussed bu that no action was
taken Which in its could possibly be entered upon the
For the purpose Of raising this discussion VIII ask
This nuest.on -: 10 the wituessl Was the subject