Hillery

1. The provisions of the act concerning corporations, of April 22, 1850 (Acts 1850, p. 373),- govern the election of the trustees of this church. The trustees are, therefore, to be elected, not generally, but in accordance with the rules, regulations or discipline of the church. The church, however, seems to have had no rule, regulation, or discipline governing the election of its trustees, unless the usage and custom heretofore prevailing in that respect may be said to amount to a rule within the intent of the statute. But if this usage and custom be considered as amounting to a rule governing elections held by the church, it will not aid the claim of Seth and his associates as trustees de jure, because it is affirmatively shown that it had been the custom of the church to elect trustees on the evening of the fourth day of April in each year, and after notice previously given by the pastor from the pulpit on the next preceding Sunday.

The election, under which Seth and his associates claim, was not held at the customary time, nor was it preceded by *158 any notice whatever. It is clear, therefore, that it cannot be claimed in this action that they are trustees de jure.

2. The…