Further duties of board of directors.

To apply twothirds of receipts for improve-ments.

To invest receipts.

Issue scrip.

Proviso.

Make annual report.

Lands exempt from taxation.

No mortgage shall be executed upon lands.

Streets, etc., shall not be

shall be paid to holders of the scrip of such corporation, subject to the restrictions hereinafter named.

(3414.) SEC. 7. It shall be the duty of such board of directors to preserve good order in the grounds of such cemetery; to provide for the laying out and embellishing of the same, and to see that they are well kept and in good condition;

When the payments for land purchased shall have been fully made, to reserve at least two-thirds of all the receipts of such corporation which shall be derived from the sale of burial rights, after the payment of the current expenses, for interest, improvements, and embellishing, until the aggregate amount thereof shall, in the opinion of said board, be sufficient to constitute a permanent fund, which, when invested, shall produce an income large enough to meet the expense of keeping the grounds of such cemetery perpetually in good condition, after the same shall have once been properly laid out, improved, and embellished, according to the plan thereof;

To invest the receipts, to be reserved as aforesaid, in the bonds of the United States, or of the State of Michigan, or of municipal corporations of this State, and to use the income thereof only for the purposes aforesaid;

To cause to be issued scrip, or certificates, to each subscriber to the articles of the association, which certificates shall specify the amount paid in to the capital stock by such subscriber. Such scrip shall be personal property, and transferable by the holder thereof, under such regulations as the board of directors may adopt: Provided, That no person shall hold, own, or represent, at any one time, the scrip of said association to exceed one-tenth of the capital thereof;

To make a report to the annual meeting of the condition of the association, and its receipts and disbursements for the previous year.

(3415.) SEC. 8. All the lands of said corporation inclosed and set apart for cemetery purposes, and all rights of burial therein, shall be wholly exempt from taxation of any kind whatsoever.

(3416.) SEC. 9. No mortgage, or other lien or incumbrance, shall be executed upon any of the lands of such corporation actually used for burial purposes, and no rights of burial upon any mortgaged lands of such corporation shall at any time be granted or sold by it.

(3417.) SEC. 10. No streets, highways, railways, sewers, or canals opened without shall be opened or constructed through the grounds of such cor

assent of board.

poration, without the assent of the board of directors, granted at a meeting of such board called for the purpose of considering the propriety of granting such assent.

prohibited.

(3418.) SEC. 11. After any such corporation shall have been Saloons, etc., formed, and their cemetery site shall have been purchased, no saloon or place of entertainment shall thereafter be set up or established for the sale of intoxicating drinks, and no sporting festival shall be held, within one-fourth of a mile of the entrance to the grounds of such corporation.

rectors to pre

(3419.) SEC. 12. All grants of rights of burial made by such Board of dicorporation shall be transferable only upon compliance with such scribe terms of conditions in reference thereto, as shall be prescribed by the board transfer of rights of directors.

superintendent,

gardener, over

seer, and watchman to make arrests.

conveyed before

(3420.) SEC. 13. The superintendent, landscape gardener, over- Powers of seer, and watchman, in any cemetery belonging to any corporation formed under this act, shall have the power to summarily arrest any person or persons who shall commit any crime, misdemeanor, or depredation, or be guilty of any disorderly conduct, upon the grounds of such corporation. Upon any arrest being made by any offender to be of said officers or employes of such corporation, it shall be the a justice for trial duty of the one making such arrest to convey the arrested party to a justice of the peace, or other magistrate of the town in which such cemetery is situated, and make complaint to such magistrate, under oath, as to the nature of the offense committed; and thereupon, if the offense charged is cognizable by a justice of the peace, under the general laws of the State, such justice or other magistrate shall try such person charged with committing said offense; and upon Punishment. the conviction of such person, shall render judgment, and inflict such punishment upon such offender, either by fine or imprisonment, or both, as the nature of the case may require, together with the costs of prosecution, as the justice of the peace shall order; but such punishment shall, in no case, exceed the limits fixed by law for the offense charged. In case the offense charged shall not Proceeding be cognizable by a justice of the peace, under the general laws of not cognizable this State, then such justice or other magistrate shall examine the accused person, and the proceedings upon such examination shall be such as are prescribed by chapter one hundred and ninety-four of the Compiled Laws of this State.

when offense is

by such justice.

prohibited.

(3421.) SEC. 14. No person shall use fire-arms upon the grounds Use of fire-arms of any cemetery owned and inclosed by any such corporation, nor hunt game therein. No person shall enter into such inclosed cemetery by climbing or leaping over or through any fence or wall

lating this act.

around the same, nor direct or cause any animal to enter therein in Penalty for vio- any such manner. Any person offending against any of the provisions of this section shall be punished by a fine not exceeding fifty dollars, or by imprisonment not exceeding three months, or Complaints; by by both, in the discretion of the court. All complaints for violating the above provisions shall be cognizable by any justice of the peace of the town in which the offense is committed.

whom cogniza

ble.

Acts repealed.

(3422.) SEC. 15. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed.

SEC. 16. This act shall take immediate effect.

Circuit court in chancery may vacate cemeteries.

Petition for vacating.

VACATING OF CEMETERIES.

An Act to provide for vacating cemetery plats and cemetery grounds in the limits of incorporated cities and villages.

[Approved April 15, 1871. Laws of 1871, p. 249.]

(3423.) SECTION 1. The People of the State of Michigan enact, That whenever the trustees of any incorporated village, or the common council of any city, shall, by resolution adopted by them, determine that the dead bodies buried in any public cemetery located in such city or village should be removed therefrom, for the reason that such cemetery shall have become commons, or shall impede the growth of any such city or village, or shall endanger the health of the people living in the immediate vicinity thereof, the circuit court in chancery of the county in which such cemetery is located is hereby authorized to vacate the same, or any part thereof, on petition made to such court as hereinafter provided.

(3424.) SEC. 2. That such petition shall be made in behalf of said trustees or common council, by an attorney or agent appointed by them for that purpose, who shall file a petition, signed and sworn to by him, in the office of the register of said court for the proper county, which petition shall set forth his authority as attorney or agent, the particular reasons for making and filing such petition, and a distinct description of the premises on which such cemetery is located, which petition shall be filed, as aforesaid, thirty days previous to the first day of the term for which such petition shall Notice of hear- be noticed for hearing. That notice of the pendency and hearing of such petition shall be given for the same space of time, by publishing the same in a newspaper, published in the proper county, once in each week for four successive weeks prior to the first day of the term when such case is noticed for hearing.

ing.

testimony to a

commissioner.

(3425.) SEC. 3. That the hearing of such petition may be con- Court may continue hearing tinued from term to term, in the discretion of the court, without and refer taking further notice; that all testimony may be taken in open court, or circuit court the taking of the same may be referred, in the discretion of the court, to a circuit court commissioner of the proper county; that, under direction of the court, proper issues may be made for the determination of all questions of law and fact, and all questions of compensation to any person or persons to be affected by such proceedings; and all issues of fact may be tried by a jury if the court Jury. shall so order; and any person adversely interested may cause him- Defendant. self to be made defendant to such petition. In all cases where Damages. reference shall be made to a jury to determine the compensation to be paid to any person or persons as aforesaid, the proceedings upon such reference shall, so far as practicable, be like those had in cases where a jury is empaneled to ascertain and determine the necessity of taking lands, franchises, and other property for the construction of railroads, and to apprize the damages and compensation to be allowed therefor. If upon the hearing of such order for petition the petitioner shall produce satisfactory evidence to the court that said trustees or common council have determined as aforesaid, that the notice required by this act has been given, and that such cemetery should be vacated, in whole or in part, as a place of burial, for any of the reasons given in this act for vacating cemeteries, such court shall thereupon order that such cemetery shall be vacated, in whole or in part, as a place of burial. That a copy of such order, certified by the register of such court under his seal, shall be recorded by the petitioner in the office of the register of deeds of the proper county.

vacating.

(3426.) SEC. 4. That when any cemetery shall be vacated as pro- Re-interment. vided in this act, the said trustees or common council shall cause all the dead bodies and remains buried in such cemetery to be re-interred in the cemetery of such city or village, if they have one, and if not, then in some suitable cemetery not more than six miles from the nearest corporate limits of said city or village, in a prudent, careful, and respectful manner, and shall cause to be removed and again erected over the proper remains, all permanent fences around graves and lots, all tombstones and monuments, with as little injury as the case will admit: Provided, That no removal of Proviso. said bodies and remains shall be made during the months of June, July, August, or September. Such removal, and the costs of the Expenses. proceedings under this act, shall be at the expense of and paid by the city or village in which such cemetery is located.

Price of lots

repaid.

(3427.) SEC. 5. In all cases where the title to the land vacated shall revert to such city or village, such city or village shall, on demand, and upon the conveyance of said lot (where conveyance may be necessary) to said city or village, repay to any owner the price he may have paid for his lot.

- CHAPTER CXXX.

GENERAL PROVISIONS RELATING TO CORPORATIONS.

Corporations may sue and be

cers, and make by-laws.

Chapter fifty-five of Revised Statutes of 1846.

(3428.) SECTION 1. All corporations shall, when no other prosued, elect offi- vision is specially made, be capable, in their corporate name, to sue and be sued, appear, prosecute, and defend all actions and causes to final judgment and execution in any courts or elsewhere; to have a common seal, which they may alter at pleasure; to elect, in such manner as they shall determine to be proper, all necessary officers, and to fix their compensation and define their duties and obligations; and to make by-laws and regulations, consistent with the laws of the State, for their own government, and for the due and orderly conducting of their affairs and the management of their property.

Nature of bylaws.

(3429.) SEC. 2. All corporations may, by their by-laws, where no other provision is specially made, determine the manner of calling and conducting their meetings, the number of members that shall constitute a quorum, the number of shares that shall entitle the members respectively to one or more votes; the mode of voting by proxy, the mode of selling shares for the non-payment of assessments, and the tenure of office of the several officers; and they may prescribe suitable penalties for the violation of their by-laws,