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)

*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)

The Clergyman's Hand-book of Law: The Law of Church and Grave · 第 24 / 34 章