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372

  1. It is the duty of the provincial council to assist the provincial to perform his duties, especially with regard to decisions which had been made by the provincial chapter and which with the passage of time appear to be timely or necessary for promoting the apostolate and regular life.
  2. In the provincial council more important matters shall be decided by a decisive vote, unless it is determined otherwise in our legislation.
  3. If at any time the votes are tied, the president has the casting vote, without prejudice to CLC 127, § I.
Constitution
In fieri:
No
Substitutum:
Valere coepit:
Primo promulgata:

352

The vocals of the provincial chapter are:

  1.  
    1. regional priors;
    2. vicars provincial elected in accordance with n. 389;
    3. conventual priors; if the prior cannot attend on account of sickness or another grave reason accepted by the prior pro­vincial, the subprior may take his place.
    4. socii of priors going to the chapter, in accordance with n. 490;
    5. delegates of the brothers, in accordance with nn. 497-501;
    6. a delegate of a non-prioral house with at least four brothers with active voting rights in the territory of any na­tion where there is no other house not another convent or another house of the same province.
    7. a prior provincial who immediately before the chapter completed his term of office in that province.
  2. If the vocals of the provincial chapter, elected in ac­cordance with the constitutions, are fewer than twenty, the statute of the province may make provision for extra voters. It is obliged to do this if there are fewer than ten vocals. These, of whom there may not be more than three, are to be constituted such by election and not by personal entitlement.
Ordination
In fieri:
No
Substitutum:
Valere coepit:
Primo promulgata:

348

  1. When a prior provincial ceases to hold office in accordance with n. 344, § I, the vicar of the province, as laid down in the statute of the province, will be: either the prior of the convent where the next provincial chapter is to be held or, if that convent does not have a prior at that time, the prior of the convent where the last chapter was held and so on, retrospectively, or the prior who is senior by profession in the province; or the prior provincial himself who has left office.
  2. When a prior provincial leaves office for any other reason, the vicar of the province will be the socius of that prior provincial up to the day immediately before the vigil of the provincial chapter, from which day the vicar will be the conventual prior where the next provincial chapter is to be held, or if that convent does not have a prior at that time, the prior of the convent where the last chapter was held and so on, retrospectively. The latter ruling should be observed even if there is no socius.
  3. When a prior provincial is prevented from exercising jurisdiction, the Master of the Order must be approached. If this is not possible, the socius of the prior provincial becomes the vicar of the province, as set out above in § II.
  4. A prior provincial who, without hope of recovery within six months, is prevented by illness from properly fulfilling his duties, shall resign from office.
  5. If he is unable or unwilling to resign, the socius of the prior provincial must summon the provincial council and preside over it even without the prior provincial. This council has power to approach the Master of the Order who shall either convoke an extraordinary elective chapter (see n. 351, § II) or appoint the vicar of the province as the vicar of the Master of the Order.
Ordination
In fieri:
No
Valere coepit:
Primo promulgata:

341

The prior provincial:

  1. at the end of a visitation, shall convey to the brothers his observations and ordinations in writing;
    2. After visitation he shall report to the Master of the Order, both on the brothers, whether "they are persevering in peace, assiduous in study, fervent in preaching," and faithful in regular observance, and on the relationships between the province and the convents and the ecclesiastical authorities.
  2. 3. during the three months before leaving office, shall send a report on the state of the province to the Master of the Order, ensuring that it reaches him before the new election. In this he shall report both on the brothers, whether ‘they are persevering in peace, assiduous in study, fervent in preaching and faithful in regular observance,’1 and on the relationships between the province and convents and the ecclesiastical authorities.
Ordination
In fieri:
No
Valere coepit:
Primo promulgata:

332

  1. After the brothers in the house have been con­sulted, the superior of a house is appointed for three years by the prior provincial, or by the regional prior, if the appoint­ment concerns a brother assigned in a regional vicariate and unless the statutes of the vicariate provide otherwise. He may be appointed in the same manner for a further three years, but not for a third term.
  2. At the end of the three-year period, the prior provin­cial or regional prior is obliged to appoint a superior within a month. However, a superior of a house shall remain in office until his successor is present in the house, unless the prior provincial determines otherwise.  
Constitution
In fieri:
No
Substitutum:
Valere coepit:
Primo promulgata:

328

  1. Any brother with active voting rights may be appointed syndic of the convent provided he is truly quali­fied for this office.
  2. He is appointed by the prior with the consent of his council and with the approval of the Prior Provincial.
  3. II. He is appointed for a three-year term and can be appointed immediately for another three years but not for a third time except in case of necessity with the consent of the prior provincial.
Ordination
In fieri:
No
Valere coepit:
Primo promulgata:

319

The council shall meet at least once a month and shall conduct its business according to the rules laid down above for the conventual chapter, nn. 312 and 313.

Ordination
In fieri:
No
Substitutum:
Valere coepit:
Primo promulgata:

318

It is for the council:

  1. to consent to the appointment or removal of the syndic;
  2. to vote, as required in nn. 192, 197, 202, 206, and 207, for the admission of brothers to profession;
  3. to dismiss a postulant or a novice when the matter is urgent;
  4. to grant to those about to sit for an examination or to receive orders the approval concerning their behaviour required by our legislation;2
  5. to approve the report of the syndic and of other administrators and to decide all other matters concerning economic administration, in accordance with nn. 563, § I, 568;
  6. to decide on all matters left to the examination and decision of the council by a provincial chapter.
Constitution
In fieri:
No
Substitutum:
Valere coepit:
Primo promulgata:

313

  1. In reaching decisions a simple majority of votes is sufficient, not counting abstentions.
  2. If the votes are tied, the chairman can postpone the decision for a short time before he settles the matter without prejudice to CCL 127, § I.
  3. Ordinarily matters shall be decided by secret vote.
Ordination
In fieri:
No
Substitutum:
Valere coepit:
Primo promulgata:

309

  1. The chapter shall have a secretary, whom it elects in a single ballot.
  2. If the prior wishes, he may from time to time and with the consent of the chapter invite professed brothers to attend and be heard without however their having a vote.
Ordination
In fieri:
No
Substitutum:
Valere coepit:
Primo promulgata: