The Clergyman's Hand-book of Law: The Law of Church and Grave — John Shaqi
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
*203.* _Trial, Testimony, Slander._—A church judgment, where there has
been a full and fair trial or when members submit to the church tribunal,
and the judgment has only been rebuke, censure, suspension, or
excommunication, is usually upheld by the courts; and when the testimony
given on such trial is concerning immoral or scandalous conduct or crime,
if those taking part act in good faith and within the scope of the
authority of the church, they are protected by law and not liable to an
action for damages for libel or slander.(363)
*204.* _Remedies, Secular Courts._—In cases involving church doctrine and
discipline only, all remedies within the church must be exhausted by a
member before the secular courts will interfere, if they will interfere at
all.(364)
*205.* _Notice, Waiver._—When the laws of the church provide the tribunal
and procedure, if the person proceeded against avoids the service of the
notice or refuses to submit to the court, the notice of trial required to
be served might thereby be considered waived and the tribunal might
proceed with the trial in the absence of the accused.(365)
*206.* _Appeal, Decision, Limitation._—The right to appeal from one court
to another of higher jurisdiction is generally recognized.(366) If after
trial in the lower tribunal of the Church, an appeal is taken, the
decision on the appeal is binding upon the parties and also upon the
inferior tribunal.(367) In the Anglican and some other churches, there is
no limitation as to time when offenses against the discipline of the
church may be inquired into.(368)
The Catholic Church has a limitation as to prescriptive rights, to-wit:
“Three years in case of movable property; ten years in case of a right, or
of immovable property, _inter praesentes_; twenty years in the same case,
_inter absentes_.”(369) Also, there are limitations in canonical cases,
varying from one to twenty years.(370) There is no statute of limitation
on lawful debts.
*207.* _Procedure, Judge, Juror, Witness._—If there are no rules of
procedure prescribed by the church tribunal, the proper practice is to
follow the State courts; as, for example, where the State law forbids an
officer of the court who has an interest in the proceeding to sit as judge
or juror, the same would apply to the church tribunal, it being the common
law of the land. Also, in States where a person who is interested in a
matter is not a competent witness, in the absence of a different rule in
the church, the same rule would apply in the church tribunal.(371)
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