Page:Catholic Encyclopedia, volume 8.djvu/705

 KENTUCKY

625

KENTUCKY

without further proof, inflict the penalty. Instances of the enforcement of this law are very rare.

There is no law pro\-iding for prayer at the sessions of the Legislature, but it is the custom to open the daily session of both branches of the general assembly with prayer. The ministers of the various denomina- tions representing the churches of the capital city are invited without prejudice or partiaUty. The CathoUc priest takes his turn with the others.

The only religious holidays recognized by law are Christmas and New Year's Day. Other legal holidays are Washington's Birthday, Decoration Day (30 May), Independence Day, Labor Day (first Monday in September), and all days specially designated by the President of the United States or the governor of the state.

No clerg\Tnan or priest, without the consent of the person confessing, is permitted to testify concerning any confession made to him in his professional char- acter in the course of discipline enjoined by the Church to which he belongs.

Any number of persons may associate to form a corporation, having no capital stock, for reUgious, charitable or educational purposes. Incorporation may be effected by the persons concerned filing articles of incorporation with the Secretary of State, and having the same recorded in the county court of the county where the corporation intends to conduct its business. The articles must set forth the name of the proposed corporation, the object for which it is organ- ized, and such other facts as the incorporators deem proper to mention. Such corporations have the right to contract and be contracted with, to sue and be sued, to have and use a common seal, and to receive and hold property. The}- are not subject to the general laws relating to corporations, except that they must designate an agent upon whom service of process may be had. and that they are at all times subject to visi- tation by the Legislature.

Places actually used for religious worship, with the grounds attached thereto, not exceeding one-half acre in cities and towns, and not exceeding two acres in the country; places of burial not held for profit; institu- tions of purely public charity and institutions of edu- cation not used or employed for gain; all parsonages and residences owned b.v any religious society and occupied as a home and for no other purpose by the minister of any religious denomination, with not ex- ceeding one-half acre in the city, and two acres in the country, are exempt from taxation. This constitu- tional provision has been construed so as to bring within its meaning seminaries for the education of young men for the ministry, even though its manage- ment is denominational. So also other educational institutions under similar control, even though tuition is charged. Property of the Young Men's Christian Association is also held exempt under this provision of the Constitution, so also orphan asylums and homes for sick, indigent, and homeless persons are held ex- empt, even though they are denominationally con- trolled; provided they are not operated for gain. The expression "purely public charity" used in the Con- stitution, has been defined by the Court of Appeals of Kentucky as meaning a charity which performs in whole or in part a duty which the Commonwealth owes to the sick, indigent, homeless, and helpless. All institutions, therefore, which aid the state in the performance of this duty are exempt from taxation. These exemptions, however, do not apply to local as- sessments for street-improvements, against which there is no exemption provided by law.

Clerg\Tnen are not required to serve on petit juries, though they may do so. But there is no such exemp- tion from service on grand juries. Militia service in actual practice is, of course, purely voluntary, but clergymen are not exempt in the event of enforced enlistment.

VIII.— 40

Marriage and Divorce. — Marriage is prohibited and void ( 1 ) when either party is an idiot or a lunatic ; (2) when either of the parties has a husband or wife living and undivorccd; (3) when not contracted in the pres- ence of an authorized person or society, provided, however, that if the person attempting to perform the marriage ceremony had no authority, and yet either of the parties believed he had such authority, and the marriage is consummated under that behef, it will be valid; (4) when at the time of the marriage the male is under fourteen and the female is imder twelve years of age; (5) when one person is white and the other is a negro. A man is not permitted to marry his mother, grandmother, sister, or grandchild, nor the widow or divorced wife of his father, grandfather, son, or grand- son, nor the daughter, granddaughter, mother, or grandmother of his wife, nor the daughter or grand- daughter of his brother or sister, nor the sister of his father or mother. .A woman cannot marrj' her father, grandfather, brother, son, or grandson; nor the widower or divorced husband of her mother, grand- mother, daughter, or granddaughter; nor the son, grandson, father, or grandfather of her husband; nor the son or grandson of her brother or sister, or the brother of her father or mother. All marriages com- ing within any of the above-mentioned degrees of relationship are void. If, however, a marriage is valid where contracted it will l>e recognized as valid in Ken- tucky. Marriage may be solemnized by a minister or priest of any denomination in regular communion with any religious society, who has obtained a licence for that purpose from the county court of the county of his residence. The county judge and such justices of the peace as the county court may authorize may solemnize marriage, or it may be solemnized by con- sent given in the presence of a religious society having no officiating minister, where either party is a member of such religious society, and the ceremony is in conformity with the u.sage prevailing in such society.

Judgments in divorce cases are entered without the intervention of a jurj'. Courts of general equity j uris- diction hear and determine all such actions. Divorce may be granted for the following reasons: To both parties; first, for such impotency or malformation as prevents sexual intercourse; second, h\-ing apart without co-habitation for five consecutive years next before the institution of the action. — To the party not in fault; first, abandonment for one year; second, living in adultery; thirtl, condemnation for felony; fourth, the existence of some loathsome disease; fifth, force, fraud, or duress in obtaining the marriage; sixth, union with a religious society which forbids hus- band or wife continuing the marital relation. — To the wife when not in like fault ; first, on account of a con- firmed habit of drunkenness accompanied with a wasting of his estate and failure to suitably provide for his family; second, habitually behaving towards his wife, for a period of not less than six months, in a cruel manner; third, such cruel beating or attempted beating or injur)- as indicates an outrageous temper and probable danger to the wife. — To the husband; first, where the wife is pregnant by another man at the time of marriage; second, when not in like fault, haliitual drunkenness on the part of the wife for not less than one year; third, adultery or such lewd or lascivious behaviour as intlicates unchastity. Divorced persons may marry again, but only one divorce shall be granted the same person, except where adulterj- or one of the grounds for which divorce may be granted to both parties is charged. Divorce from bed and board may be granted for any of the causes above mentioned or for any other cause deemed sufficient by the court. An absolute divorce restores to the parties all property obtained from the other either before or during marriage in consideration thereof. The cus- tody of children is determined by the chancellor from theproof in the case.