The Clergyman's Hand-book of Law: The Law of Church and GraveScanlan, Charles Martin
Religion
The Clergyman's Hand-book of Law: The Law of Church and Grave
Scanlan, Charles Martin
Burial laws -- United States; Ecclesiastical law -- United States
*190.* _Uniformity._—Every entry required to be kept by the laws of the
State as well as the rules of the Church, should be kept as to births,
marriages, and death. Every diocese should have uniform record books in
all parishes and every pastor should keep blanks printed in the form of a
page of the record book, to issue certificates when required.
*191.* _Marriage, Death, Baptism, Birth, Church Records._—The church
records duly kept in accordance with the discipline of the church, are
admissible in evidence to prove marriage, death, and baptism. Where the
record is incomplete, as giving the date of baptism only, it is not
admissible in proof of date of birth. But if it gives the date of birth,
it is _prima facie_ proof thereof.(349)
*192.* _Certified Copies._—Under statutes, certified copies of the record
made by the custodian thereof are admissible in evidence in any case where
the original would be admissible. Also, one who had compared a copy with
the original record may testify to the same. The rule, as given,
substantially prevails under statutes in the following States: Alabama,
Georgia, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maryland,
Minnesota, Missouri, Oklahoma, Pennsylvania, Rhode Island, and Wisconsin;
and also, in Ontario, Manitoba, and the Dominion of Canada.
*193.* _Rule of Admissibility._—A certified copy of the record of a
baptism taken from a church register by the parish priest, when admissible
at the place where such record is kept, as in Ireland, is admissible to
prove the same fact in the State of Missouri.(350)
*194.* _Proper Record._—A book kept by a minister, which contained a
regular statement in proper form of the admission of members, choice of
officers, and transaction of business of the church, which was the only
book kept by the parish, is the proper record of the church.(351)
*195.* _Name, Record._—The author would like to emphasize the importance
of correct records. Frequently we find no Christian name given in the
records of birth, which practically makes the record worthless. When a
child is born it is entitled to a name, immediately, which should be given
and be correct. At least the first Christian name should be correct; a
mistake in a middle name is not material. This is true of deeds and
records of all kinds, but practically of births, deaths, and
marriages.(352)
CHAPTER XVI. CHURCH TRIBUNALS
*196.* _Jurisdiction, Privileges._—It is usual for every fraternity to
have a tribunal of its own for the trial of members who break its laws or
violate its discipline. Within their jurisdiction, the laws of the State
give such tribunals great privileges and courts show them great respect.
The Freemasons, the Knights of Columbus, etc., and most of the churches,
have such courts.(353)
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