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
*328.* _Charity, Institutions._—To determine what is a charitable trust,
devise, or gift, it is necessary to particularly bear in mind the most
comprehensive definition of charity. Legacies for schools, churches,
libraries, cemeteries, the poor, hospitals, and numerous other
eleemosynary institutions, have been sustained under charitable bequests
when they otherwise would have failed.(586)
CHAPTER XXIV. TAXATION
*329.* _Purposes, Exempt._—Only church property that is actually used for
church or charitable purposes, is exempt from taxation. Property held for
its increase or profit is not exempt.(587) Land bought for a church on
which no work on the church is yet begun, is not exempt from
taxation.(588)
*330.* _Lot Isolated, Not Exempt._—A lot isolated from the other property
of the church of a congregation, is not exempt because the congregation
intends to build a church thereon in the future, and actually did build a
church thereon two years later.(589)
*331.* _Bishop’s Residence, Hospital._—Real property the title to which is
in the archbishop in fee in accordance with the discipline of the Catholic
Church, is not owned by a religious association so as to exempt it from
taxation. The records do not show a trust for the diocese nor any other
beneficiary. A court will not take judicial notice of the laws of the
Catholic Church.(590) But property used as a hospital to care for the sick
and wounded of all races and religions indiscriminately, with or without
pay according to the ability of the patient, is a benevolent institution
engaged in a work of charity, and comes under the law of tax
exemption.(591)
*332.* _Parsonage, Rented._—A parsonage owned by a congregation and used
only as a residence for the clergyman is not exempt because of some part
of it being also used for alleged religious services, to-wit: morning
prayers of the children before school, a sewing society, and a meeting
place for Sunday-school teachers.(592) However, a house and lot rented and
kept by the minister was exempt from taxation.(593)
*333.* _Masonic Order, Charity, Elks._—A charity which is confined
exclusively to the members of the Masonic Order and their families or to
the widows and children of deceased members or those who are directly or
indirectly connected with the society, is not purely a public charity
within the provisions of the constitution relating to the exemption of
institutions of purely public charity from taxation.(594) And property
held by the Elks for entertainment and to promote social intercourse was
held not exempt.(595)
Public-domain text, read in full here on John Shaqi.
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