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
*339.* _Charter, Real Estate._—The trustees of a religious, literary, or
other benevolent society, can not, irrespective of the powers granted by
its charter, purchase and hold real estate under trusts of their own
creation which will protect their property from creditors.(606)
*340.* _Mortmain, Title, Trust._—The statute of mortmain was never in
force in Pennsylvania, so a religious corporation can hold the legal title
to land in trust for the heir-at-law of a testator who has devised it to
the corporation in trust for uses that were void under the English
law.(607) The only States that have statutes of mortmain are Mississippi
and North Carolina. Yet in those States the statutes are somewhat
different from the law of England.
*341.* _Public Institutions, Support._—Benevolent and charitable
institutions under a church are not public institutions, and moneys can
not be appropriated for their support.(608)
*342.* _Nuns, Vows, Property._—When joining a society of nuns, one of the
vows taken was that all property should be held in common and whatever
property was received after taking the vows should belong to the society.
A person who left the order was not concluded from making claim for her
property.(609)
CHAPTER XXVI. SCHOOLS
*343.* _Parent, Education, State, Parochial Schools._—The right of the
parent to use judgment as to the proper necessaries of his child,
including board, lodging, and education, is generally conceded. However,
there must be no abuse of these parental rights, as the child also has
rights that even a parent can not infringe. Therefore, the State may
require a reasonable opportunity for the education of every child; and if
the parent can not give it on account of his poverty, it is in the power
of the State to take his child in charge and furnish him an education. The
right of the State to make laws requiring a parent to send his child to
school between certain ages, as from four to twenty-one years, is well
settled. The question of the parent’s being obliged to send his child to
the public schools or being forbidden to send his child to a private or
parochial school, is not settled in some States; but it is being settled
in favor of the parent. The Kentucky constitution contains this provision:
“... nor shall any man be compelled to send his child to any school to
which he may be conscientiously opposed.”(610) The right of the State to
supervise or inspect private and parochial schools under the police power
of the State can not be questioned.(611)
Public-domain text, read in full here on John Shaqi.
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