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
*475.* _Saloon, Church, License._—A man owned premises that had been
occupied as a saloon from 1894. In 1896 the New York law prohibiting
saloons to be licensed within 200 feet of a church, except places where
liquor traffic had been carried on prior to that time, was passed. In 1898
a church was built within 200 feet of the saloon in question. After the
building of the church, the saloon was vacated for about ten days during a
change of saloonkeepers, and an action was brought to revoke the license
of the new saloonkeeper. The court held that the incidental interruption
of the business did not bring the place within the prohibition of the law,
and that the license could not be revoked.(834)
*476.* _Y. M. C. A._—The Y. M. C. A. on account of giving lunches,
lectures, and having a gymnasium, for which charges are made, is not a
charitable institution so as to be exempt from liability in case of
negligence. Property is exempt only when used for exempt purposes
exclusively.(835)
*477.* _Students, Vote, Residence._—Students at a seminary studying for
the priesthood do not thereby lose their residence at their homes and are
not entitled to vote where a college is located. The fact that they intend
to remain for four years, become clergymen, and then go to wherever they
may be called, does not give them the right of residence, and there is no
distinction between them and any other students away from home at
school.(836) However, a student of full age might become a voter in the
college precinct if he has no other fixed domicile.(837)
*478.* _“__My Wife, Anna Jones,__”__ Divorce, Insurance._—A bequest or
devise to “my wife, Anna Jones,” is not changed by a divorce without some
evidence to prove that the testator did not intend his divorced wife to
share in his estate, unless the judgment of divorce made a division of the
property. The same is true of a policy of insurance or benefit
certificate. However, there are exceptions that weaken the rule and make
its application in some States uncertain.(838)
*479.* _Bells, Sick, Injunction._—On the complaint of an injured person, a
court will issue an injunction restraining the ringing of church, convent,
or other bells, at unusual hours or when their noise is injurious to the
sick, or when their vibration affects other premises. As the law of
nuisances applies in such cases, an exact statement of when the court
should issue the injunction or whether the injunction should be temporary
or perpetual, can not be given; but when the personal or property rights
of others are affected, an injunction may be granted. The fact that the
bells are chimes or part of a clock does not change the rule.(839)
Public-domain text, read in full here on John Shaqi.
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