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
*334.* _Supporting Church, Mississippi._—In the early ages of the States
several of them had laws for taxing all the property in parishes laid out
by the State for the support of Protestant churches. Gradually these laws
were eliminated and at the present time there is probably no State
excepting Mississippi that uses money for the support of a church. Maine
changed her laws in 1821, and other States followed from time to
time.(596) While those taxes were collected, no land within the parish was
exempt in some States and in others the property of a non-resident was
exempt.(597) In New Hampshire and Pennsylvania, a person could not be
compelled to pay the taxes to a denomination of which he was not a
member.(598)
*335.* _Appropriations, Contracts, Rent._—Under the constitution of the
United States, Congress can not make appropriations nor give aid to any
denomination. Also, similar provisions are in many of the constitutions of
the States. However, many cases arise out of contracts, which border upon
these various rules, and in some States the constitutional provision of
the State is such that the State Legislature may legislate concerning
religions and give certain aid and support thereto. Paying rent to a
congregation for a school-room is not an appropriation or aid to a church
contrary to the constitution.(599)
CHAPTER XXV. ELEEMOSYNARY INSTITUTIONS
*336.* _Poor, Institutions, Negligence._—As hospitals, homes for the poor,
and other eleemosynary institutions are supported by money given to
charity, it would be a diversion of the trust funds if such institutions
could be compelled to pay damages for negligence causing personal injury
or death. The general rule is that the person causing the injury may be
liable, but not the institution.(600) However, a charitable institution
has been held liable for negligence of its manager to notify a nurse of
the contagious nature of a case assigned to her.(601)
*337.* _Surgeon, Gratuitous Services._—A charitable medical institution is
not liable for the negligence of its surgeon in operating upon a patient
gratuitously where such institution exercises due care in employing a
surgeon deemed competent. The fact that besides such gratuitous services,
medicine is taught therein for tuition fees and patients who are able to
pay are charged a small fee for room, board, nursing, etc., but no fee
from the patient to the doctor, does not change it from a charitable
institution.(602) However, a hospital that is an adjunct to a medical
school is liable.(603)
*338.* _Charitable Institution._—An institution that limits its
benefactions to the members of a particular denomination is, in the
absence of a statute to the contrary, a charitable institution.(604) This
rule has exceptions.(605)
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