RHODE
23
RHODE
provision that all men professing Christianity, obedi-
ent to magistrates, and of civil conversation, though
of differing judgments in religious matters, Roman
Catholics alone excepted, should have hberty to choose
and be chosen to offices both civil and miUtary. The
date of the original enactment of this exception is not
known. It was repealed in 1783. The State Constitu-
tion of 1842 guarantees freedom of conscience, and
provides that no man's civil capacity shall be in-
creased or diminished on account of his religious
belief.
The Sunday law of Rhode Island, following the original English statute (Charles II, c. VII, § 1) differs from the law of most other states in that it forbids simply the exercise of one's ordinary calling upon the Lord's day; excepting of course works of charity and necessity. Hence a release given on Sunday has been held good (Allen v. Gardiner, VII, R. I. 22) ; and probably many contracts not in pursu- ance of one's ordinary calling would be sustained though made on Sunday. A characteristic exception exists in favour of Jews and Sabbatarians, who are permitted with certain restrictions, to pursue their ordinary calling on the first day of the week. Fishing and fowling, except on one's own property, and all games, sports, plays, and recreations on Sunday arc forbidden. The penalty for the first violation of the statute is $5, and $10 for subsequent violations. Service of civil process on Sunday is void.
Witnesses are sworn with the simple formality of raising the right hand; or they make affirmation upon peril of the penalty for perjury. Judges, assem- blymen, and all State officers, civil and military, must take an oath of office. The substance of the oath is to support the Constitution of the United States, and the Constitution and laws of this State, and faithfully and impartially to discharge the duties of the office. The judges of the Supreme and Superior Courts also swear to administer justice without respect of persons, and to do equal right to the poor and to the rich. Lawyers, auditors, and almost every city and town official take an oath of office. Blas- phemy is punished by imprisonment not exceeding two months or fine not exceeding S200; profane cursing and swearing by fine not exceeding $5. New State and municipal governments are generally in- augurated with prayer.
Legal holidays include New Year's Day, Columbus Day, and Christmas. Good Friday is a Court holi- day by rule of Court and a school holiday in Provi- dence by vote of the school committee.
There is no statute or reported decision regarding e\ndence of statements made under the seal of con- fession. Should a question arise concerning this, it would have to be decided on precedent and on grounds of public policy. The sole statutory privilege is that accorded to communications between husband and wife; although the common law privilege of offers of compromise and settlement and of com- munications between attorney and client are recog- nized. Physicians may be compelled to disclose statements made to them by patients regarding physical condition.
Incorporation- and Taxation. — In 1869 an act was passed enabling the bishop of the Diocese of Hartford, with the vicar-general, the pastor, and two lay mem- bers of any Cathohc congregation in this State, to incorporate, and to hold the Church property of such congregation, by fiUng with the secretary of State an agreement to incorporate. This act was amended upon the creation of the Diocese of Providence. The property of all the organized and self-sustaining Cath- olic parishes is held by corporations so formed. The system furnishes a convenient means of continuing the ownership of the property of the respective par- ishes. In 1900 the bishop of the Diocese of Provi- dence and his successors were created a corporation
sole with power to hold property for the religious and
charitable purposes of the Roman Catholic Church.
Since 1883 there has existed an act enabhng Episco-
palian parishes to incorporate. Special charters are
freely granted when desired. There is a general law
allowing libraries, lyceums and societies for religious,
charitable, literary, scientific, artistic, musical or social
purposes to incorporate by filing an agreement stating
the names of the promoters and the object of the cor-
poration, and by paying a nominal charge. Such cor-
porations may hold property up to $100,000 in value.
By general law, buildings for religious worship, and the land on which they stand, not exceeding one acre, so far as such land and buikUngs are occupied and used exclusively for refigious or educational purposes, are exempt from taxation. The exemption does not apply to pastors' houses. The buildings and personal property of any corporation used for schools, acad- emies, or seminaries of learning, and of any incor- porated public charity, and the land, not exceeding one acre, on which such buildings stand, are exempt. School property is exempt only so far as it is used exclusively for educational purposes. Property used exclusively for burial purposes, hospitals, public fibraries, and property used for the aid of the poor, are exempt. Any church property other than that specified is taxed, unless it is in a form exempted by national law. Clergymen are exempt from jury and military duty.
Marriage and Divorce. — Marriage between grandparent and grandchild, or uncle and niece, and between persons more closely related by blood, is void; as is marriage with a step-parent, with the child or grandchild of one's husband or wife, with the husband or wife of one's child or grandchild, and with the parent or grandparent of one's wife or husband. The statute contains no express requirement regarding the age of the parties contracting marriage, but it is a defence to an indictment for bigamy that the prior marriage was contracted when the man was under fourteen years of age, and the woman under twelve. Marriages among Jews are valid in law if they are valitl under the Jewish religion. Marriages may be performed by licensed clergymen and by the judges of the Supreme and Superior Courts. Before marriage, parties must obtain a licence by personal application from the town clerk, or city clerk, or registrar; and a non- resident woman must obtain such licence at least five days previous to the marriage. The licence must be presented to the clergyman or judge officiating, who must make return of the marriage. Two witnesses are required to the marriage ceremony. P'ailure to ob.serve the licence regulations will not invalidate the marriage provided either of the contracting parties supposes they have been complied with ; but the non- compliance is punished by fine or imprisonment. Causes for divorce include adultery, extreme cruelty, wilful desertion for five years, or for a shorter time in the discretion of the Court, continued drunkenness, excessive use of opium, morphine, or chloral, neglect of husband to provide necessaries for his wife, and any other gross misbehaviour and wickedness repug- nant to the marriage covenant. If the parties have been separated for ten years, the Court may in its discretion decree a divorce. Under the law of Rhode Island marriage is regarded as a status, pertaining to the citizen, which the State may regulate or alter. Hence a Court having jurisdiction over one of the parties to a marriage as a bona fide domiciled citizen of the State, may dissolve the marriage although the other party is beyond the judisdiction; and such dis- solution will be recognized by other states by virtue of the comity provision of the Federal Constitution (Ditson vs. Ditson, IV R. I. 87).
Liquor Laws, Corrections, etc. — A Constitu- tional amendment prohibiting the manufacture and sale of intoxicating liquor was adopted in 1886, and re-
