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notice, &c.,

Selection of

Call of meet Sec. 6. Upon application in writing of any three of the persons aforeing to incorporate soci- said, to any justice of the peace of the county in which such burying

ground is to be situated, he shall issue his warrant to either one of said applicants, directing him to call a meeting of the persons wishing to become incorporated, which warrant shall contain the substance of the

application, and shall state the time and place of holding the meeting; Notice of

and such meeting shall be called in obedience to such warrant, by postmeeting.

ing up notice thereof containing the substance of the warrant, in at least two public places in the township, city or village, in which such burying ground is to be situatod, at least ten days before the time of holding

such meeting. Affidavit of Sec. 7. The person to whom the aforesaid warrant is directed, shall, to be made after having called said meeting, attach to said warrant a copy of the and filed, &c.

notice accompanied by his affidavit, showing that it is a true copy of the notice posted up by him, and also showing when and where such notices were posted; and the same shall be presented to such meeting, and filed by the clerk elected thereat.

Sec. 8. Any five or more persons who shall meet in pursuance of officers, &c.

such notice, may choose a president, clerk, treasurer, sexton, and such other officers as they may determine to be necessary,

and

also pro

may vide for calling future meetings and filling vacancies.

Sec. 9. The officers named in the next preceding section shall be chosen by ballot, and the person having the highest number of votes for any office shall be deemed elected. All the other officers of the corporation shall be chosen in such manuer as shall be prescribed by such corporation in their by-laws. The time and place of holding meetings for the election of officers and for other purposes, shall also be prescribed in

said by-laws. Vacancies ;

Sec. 10. A majority of the officers required to be chosen by ballot, how filled.

in any corporation organized under this act, shall have power to fill

vacancy in office by appointment. Officers to

Sec. ll. All persons elected or appointed to any office under any corporation organized under this act, shall within ten days after such election or appointment, file with the clerk a written acceptance of the office, together with a bond, if required, or said office will be vacant.

Sec. 12. Any person attending any meeting for the election of offi

Officers; how chosen.

file accept. ance,

officers eleo.

Treasurer

cers of any corporation organized under this act, and elected thereat to Notice to any office, shall be deemed to have been duly notified of his election; ted. the clerk of such corporation shall, within two days after the election of any person to office, who was not present at the election, notify such person of his election.

Sec. 13. The treasurer shall give a bond to the corporation, with sufficient sureties, to be approved by the president thereof, for the to give b'nd. faithful discharge of his duties, which bond shall be filed with the clerk. Sec. 14. The officers of any corporation organized under this act, Compensa

tion of off. shall receive such reasonable compensation for their services as shall be cers. allowed by such corporation at any regular meeting of the stockholders, and no more. Sec. 15. Corporations organized under this act, shall have power to May make

by-laws. make all needful by-laws and regulations, not inconsistent with this act, as may be necessary to enable them to manage the affairs of such corporation. Sec. 16. Within one week after the organization of any corporation Certificato

of organizaorganized under this act, the clerk shall make out a certificate of the tion to be organization of such corporation, specifying the corporate name thereof, and record. the officers chosen at the first meeting, which certificate shall be signed by the president and clerk of such corporation, and forthwith record such certificate in the office of the clerk of the county in which such burying ground is or may be situated, in a book to be provided and kept by him for that purpose, who shall be entitled to receive seventyfive cents for recording the same.

Sec. 17. Before any corporation organized under the provisions of Burial grond this act shall issue certificates of rights of burial, they shall cause their out and burial ground to be laid out in such form as they may choose, and cause &e, before

maps made,

issuing certwo maps thereof to be made, which maps shall accurately describe the tificate of

rights of land belonging to such burying ground, its boundaries and location, burial. with the lots or subdivisions named or numbered thereon, and also their size, situation and extent, with the width, extent and location of all the streets, alleys or walks in such burying ground, which maps shall be prepared under the supervision and direction of the president and clerk of such corporation, and certified by them to be a correct map of their burying ground. One of the above maps shall be filed with the clerk

made, filed

ed.

to be laid

Kristing

ize under this act.

Existing rights not

of the corporation, and the other with the county clerk of the county in which such burying ground is situated; whereupon said clerk shall give

said corporation a certificate, under his hand and seal of office, showing that such map has been received and duly filed by him, which

certificate shall be filed with the clerk of said corporation. Corporate

Sec. 18. All corporations organized under this act, shall be capable rights.

in their corporate name, of suing and being sued, appealing, prosecuting, and defending, to final judgment and execution, in any of the courts of this State or elsewhere, and to have a common seal which they may alter at pleasure.

Sec. 19. Any burying ground corporation hereafter [heretofore] organmay organ- ized under any law of this state, upon complying with the provisions

of the preceding sections of this act, shall possess all the powers, and be subject to all the restrictions, of corporations originally organized under this act.

Sec. 20. Any right that may have accrued to any member or stockimpaired. holder of a burial ground corporation heretofore existing in this state,

shall not be affected or impaired by reason of this act. Vacating

Sec. 21. Whenever it may become necessary to vacate any burying burying ground. ground, the property of any corporation organized under this act, such

corporation may, by a majority of its stockholders present at any regular meeting, direct the president and clerk of such corporation to petition the circuit court for the county in which such burying ground is situated, for leave to vacate the same; and such circuit court may make such order in the premises as shall be just and proper: Provided, No final order shall be made within six months from the time of filing such petition, and due proof of publication of notice of such petition, for twelve successive weeks, in such newspaper as may have been designated by said court for that

purpose. Sec. 22. It shall be lawful for any corporation organized under this rights, how disposed of. act, to dispose of that part of any forfeited right of burial, which has

not been actually used as a repository of the dead, in like manner as if

the same had never been granted. Assessm'nts

Sec. 23. Any corporation organized under this act may be authorized anpaid or by the circuit or district court of the county, upon the like petition and

notice as are required in the twenty-first section of this act, and after

Forfeited

fifty years.

six months from the filing of such petition, to re-dispose of burial rights on which assessment shall have remained unpaid for fifty years

or more.

assessments

warded to

Assessment

lished

Sec. 24. A majority of the stockholders of any corporation organized A58086

ments; how under this act, at any regular meeting thereof, shall

, when necessary, have made power to make an assessment upon the stockholders of such corporation.

Sec. 25. After an assessment has been made, as provided for in the Record of next preceding section, such corporation shall cause a record to be made to be made. of such assessment, and showing the day when the same was made, with a list of the names of all the stockholders in such corporation, and the amount assessed to each stockholder; a copy of the assess- Copy forment shall be furnished by the clerk to the treasurer of such corpo- treasurer. ration.

Sec. 26. Within one month from the time of making any assess- Notice of ment, the clerk of the corporation making the same, shall cause a notice to be pubof such assessment to be published, for twelve successive weeks, in the newspaper printed nearest to the burial ground of such corporation, which notice shall state when such assessment was made, with a list of the names of all the stockholders in such corporation, and the amount assessed to each, and directing each stockholder to pay his assessment to the treasurer of such corporation; and if any such stockholder shall

for non-p'y. neglect or refuse to pay any assessment, for six months from the time ment. such assessment was made, all rights of such stockholder under such corporation shall cease, and all rights of burial owned by him shall revert to said corporation.

Sec. 27. The powers and duties of all officers holding office under any corporation organized under this act, shall be defined by aired, how the by-laws of such corporation, except so far as they are defined in this act. Sec. 28. It shall be the duty of the treasurer of any corporation or- Treasurer's

duty. ganized under this act, to receive and safely keep all moneys belonging to such corporation, and pay them out on the order of the clerk, countersigned by the president of such corporation. Sec. 29. A record shall be kept by each corporation organized under Form of

certificate of this act, of the rights of burial disposed of by such corporation, in the right of bafollowing form:

Forfeiture

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Duties of

rial

for...

Blanks

Index.

"No.- The

to them paid by

of.

-, hereby grant unto right of burial in their grounds, and embracing in reference to this map,

subject, nevertheless, to assessment and forfeiture, as provided by law. Dated,

18..... Countersigned, President.

Clerk." Sec. 30. It shall be the duty of every corporation organized under this act, to procure a sufficient number of blanks of the form above prescribed, bound in convenient form, with an index, in which shall be entered alphabetically the names of the purchasers of rights of bu

rial in the grounds of such corporation. Price; how

Sec. 31. The price of rights of burial in the grounds of such corposetablished.

ration, shall be determined by the stockholders of such corporation

present at any regular meeting. Receipt for Sec. 32. Upon payment to the treasurer of any corporation organPayment.

ized under this act, the price of any right of burial determined as above, it shall be the duty of such treasurer to give to the purchaser a receipt therefor, which receipt shall accurately describe the premises on which payment has been made.

Sec. 33. Upon presenting to the clerk of any corporation organized under this act, a receipt from the treasurer thereof, in the form prescribed in the next preceding section of this act, it shall be the duty of such clerk to issue a certificate of right of burial, signed by such clerk, and countersigned by the president of such corporation, in the form prescribed in the twenty-ninth section of this act.

Sec. 34. Any corporation organized under this act, shall have power to set off a part of their burial ground as a potters' field, and under proper regulations permit the dead to be buried therein.

Sec. 35. This act shall take effect immediately.
Approved February 12, 1855.

Certificate to ise ue.

Potter's field

[ No. 88. ] AN ACT to provide for the sale of certain land in the village of Jack

son, belonging to the State. Whereas, A certain parcel of land in the village of Jackson, was

Preamble.

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