67 N.J.L. 176 | N.J. | 1901
The opinion of the court was delivered by
This writ brings before the court an assessment for taxes laid upon the property of the prosecutor in the year 1900. The ground upon which the taxes are sought to be set aside is that the property upon which they were laid was, at the time of their assessment, used exclusively for charitable purposes, and was therefore non-taxable, under-section 200 of our General Tax law, which exempts from taxation “all buildings used exclusively for charitable purposes,, with the lands whereon the same are erected, and which may be necessary for the fair enjoyment thereof.”
During the year 1899 the title to the lands in question was in the “Congregation of the Mission of Saint Vincent de Paul in Germantown,” a corporation of the State of Pennsylvania, the primary objects of which are “to establish missions and maintain a missionary priesthood, to conduct ecclesiastical seminaries for the education of young men for
Under the authority of the case of Litz v. Johnston, 36 Vroom 169, the congregation of the mission of Saint Vincent de Paul of Germantown is a charitable association, and the use to which the mansion-house in Bonaparte Park was devoted was an exclusively charitable one. That being so, this building, with the land whereon it is erected, and which is necessary for its fair enjoyment, was exempt from taxation at the time the tax brought up by the writ was assessed.
The Bonaparte Park property was conveyed to the prosecutor by the Pennsylvania corporation on September 1st, 1900. By that conveyance it became clothed with all the rights which its grantor had in the property, and is entitled to have the taxes now under review set aside, so far as they are illegal, providing that right existed in the Germantown society. That it did so exist, notwithstanding that the latter society was a foreign corporation, is decided by the ease of Litz v. Johnston, supra.
We do not think, however, that the whole of the propertyupon which these taxes have been assessed, is exempt from
We conclude, therefore, that only the mansion-house and some undetermined portion of the lands held in connection with it were exempt from taxation.- This conclusion renders an apportionment of the ta-x necessary, and, as the proofs now stand, we have not before us the facts required for making it. The ease will therefore be held in order that the parties may supply the deficiency either by taking further testimony, or by agreeing upon the quantity of land necessary for the fair enjoyment of the mansion-house.