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
*219.* _Judicial Notice._—A church takes judicial notice without proof of
its own rules, laws, and doctrines. Every other fact should be proved
according to the rules of evidence of the church, and in the absence of a
church rule the following rules of the courts of this country should
prevail:
1. Nothing should be admitted in evidence unless it directly proves or
disproves an evidentiary fact forming a link of a chain of facts that will
prove a fact in issue.
2. It is sufficient to prove the substance of the issue, unless the exact
word or thing forms the issue.
3. The burden of proof is on the one who asserts the fact, whether it is
stated affirmatively or negatively, and its proof is necessary to his
making a case.
4. The best evidence that the case in its nature affords must be produced.
5. Mere hearsay evidence shall not be allowed, excepting:
(a) Matters of public or general interest.
(b) Declaration against interest.
(c) Dying declarations.
(d) The testimony of witnesses since dead or absent.
(e) Admissions.
(f) Confessions.
*220.* _Competent Witness._—Everybody who has the use of reason and
understands the import of an oath is a competent witness.
*221.* _Confessions, Secret Societies._—At common law, confessions were
admissible; but there is no case in the United States since 1813 where the
court has sent a priest to jail for contempt for refusing to disclose a
confession, and no case in which a priest disclosed a confession.
Immediately after a priest was committed for contempt for refusing to
divulge the secrets of the confessional, in 1813, New York enacted the
following law: “No minister of the gospel, or priest of any denomination
whatsoever, shall be allowed to disclose any confession made to him in his
professional character, in the course of discipline enjoined by the rules
or practice of such denomination.” A similar law has been adopted in the
following States and Territories: Alabama, Arizona, California, Colorado,
Idaho, Iowa, Kansas, Kentucky, Michigan, Missouri, Nebraska, Nevada, North
Dakota, Ohio, New York, Oklahoma, South Dakota, Utah, Washington,
Wisconsin, Wyoming, and Hawaii. The secrets of a secret society are not
privileged, and a member as a witness must answer all relevant questions
in court.(396)
Public-domain text, read in full here on John Shaqi.
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