By the deed of settlement of a Baptist chapel, it was provided that every minister should be liable to be forthwith removed by the decision of the church made at one meeting, and confirmed at a second meeting called by a notice which should expressly state the object of such meeting. A meeting was called, the notice expressing that it was for the purpose of bringing charges against, and considering the dismissal of, the minister. The minister did not attend the meeting, and it did not appear that evidence was produced in support of any charges, but the meeting passed a resolution that, in consequence of the minister having done certain specified things, he was not a fit and proper person for the office, and that his office should cease. A second meeting was called, the notice expressing that it was to be for the purpose of confirming and ratifying the resolution passed at the former meeting.
Held: That to summon a meeting for. the purpose of bringing charges generally, was improper ; that if no reason had been given for the dismissal, it might have held good; but that, under the circumstances, it was clear that the meeting had not had the opportunity of exercising a sound discretion in the matter, and the dismissal was invalid.
Held: Also, that as the notice for the second meeting did not specify the resolution which was to be confirmed, that meeting was unable effectually to confirm the resolution passed at the first meeting.
[1870] UKLawRpCh 130, (1870-1871) LR 6 Ch App 489
Commonlii
England and Wales
Citing:
Questioned – The Queen On The Prosecution Of Wray v The Governors Of The Darlington Free Grammar School 27-Nov-1844
. .
Cited by:
Cited – Ridge v Baldwin (No 1) HL 14-Mar-1963
No Condemnation Without Opportunity For Defence
Ridge, a Chief Constable, had been wrongfully dismissed because he was not given the opportunity of presenting his defence. He had been acquitted of the charges brought against him, but the judge at trial had made adverse comments about his . .
Lists of cited by and citing cases may be incomplete.
Updated: 10 October 2021; Ref: scu.653092