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out of sixty per cent of the proceeds of the cemetery, as the same shall be realized, and not otherwise. Sixty per cent at least of the proceeds of all sales of lots, plats, or graves, shall be first appropriated to the payment of the said bonds and interest aforesaid, payable at least once in three months to the bondholders, until all are paid, and the residue thereof to be used in preserving, improving, and embellishing the said cemetery grounds and the avenues or roads leading thereto, and to defraying the incidental expenses of the cemetery establishment; and after payment of the purchase money and interest aforesaid, and all debts contracted therefor, and for surveying and laying out the land, the proceeds of all future sales shall be appropriated to the improvement, embellishment, and preservation of such cemetery, and for incidental expenses, and to no other purpose or object; provided, that any association incorporated under this Act by the members of the Order of Free and Accepted Masons, the Independent Order of Odd Fellows, or by the members of any other benevolent or charitable society in the City and County of San Francisco, may apply the surplus or net income of such cemetery association to the board of relief or other committee established by such order or society for the purposes of charity. [As amended, Stats. 1863-4, p. 12.] SEC. 8. Any person who shall willfully destroy, mutilate, deface, injure, or remove, any tomb, monument, grave-stone, building, or other structure, placed in any cemetery of any association incorporated under this Act, or any fence, railing, or other work, for the protection or ornament thereof, or of any tomb, monument, or grave-stone, or other structure aforesaid, or of any plat or lot within such cemetery, or shall willfully destroy, cut, break, or injure, any tree, shrub, or plant, within the limits of such cemetery, shall be deemed guilty of a misdemeanor, and such offender shall also be liable in an action of trespass, to be brought, in all such cases, in the name of such association, to pay all such damages as shall have been occasioned by his unlawful act, or acts. Such money, when recovered, shall be applied, by the trustees, to the reparation, or restoration, of the property so destroyed, or injured.

SEC. 9. Any association incorporated pursuant to this Act, may take and hold any property, real, or personal, bequeathed, or given upon trust, to apply the income thereof, under the direction of the trustees of such association, for the improve

ment or embellishment of such cemetery, or the erection or preservation of any buildings, structures, fences, or walks, erected, or to be erected, upon the lands of such cemetery association, or upon the lots, or plats, of any of the proprietors; or for the repair, preservation, erection, or removal of any tomb, monument, grave-stone, fence, railing, or other erection, on or around any cemetery, lot, or plat, or for planting, or cultivating trees, shrubs, flowers, or plants, in or around any such lot, or plat, or for improving or embellishing such cemetery, or any of the lots, or plats, in any other manner or form, consistent with the design and purposes of the association, according to the terms of such grant, devise, or bequest.

SEC. 10. The cemetery-lands and property of any association, formed pursuant to this Act, shall be exempt from all public taxes, rates, and assessments, and shall not be liable to be sold on execution, or be applied in payment of debts due from any individual proprietors. But the proprietors of lots, or plats, in such cemeteries, their heirs, or devisees, may hold the same exempt therefrom, so long as the same shall remain dedicated to the purpose of a cemetery; and, during that time, no street, road, avenue, or thoroughfare, shall be laid through such cemetery, or any part of the lands held by such association, for the purposes aforesaid, without the consent of the trustees of such association, except by special permission of the Legislature of the State.

SEC. 11. Whenever the said lands shall be laid off into lots, or plats, and such lots, or plats, or any of them, shall be transferred to individual holders, and after there shall have been an interment in a lot, or plat, so transferred, such lot, or plat, from the time of such interment, shall be forever thereafter inalienable, and shall, upon the death of the holder or proprietor thereof, descend to the heirs-at-law of such nolder or proprietor, and to their heirs-at-law forever; provided, nevertheless, that any one or more of such heirs-at-law may release, to any other of the said heirs-at-law, his, her, or their, interest in the same, on such conditions as shall be agreed on and specified in such release, which release shall be recorded with the County Recorder of the county within which the said cemetery shall be situated; and provided, further, that the body of any deceased person shall not be interred in such lot, or plat, unless it be the body of a person having, at the time of such decease, an interest in such lot or plat, or the relative of some person having such

interest, or the wife of such person, or her relative, except by the consent of all persons having an interest in such lot, or plat. SEC. 12. In case the grounds purchased for cemetery purposes, in accordance with section seven of this Act, shall have been used as a cemetery previous to such purchase, then those who are lot-owners, at the time of the purchase, shall have, and be entitled to, all the privileges they would oe entitled to by purchase from a corporation formed as aforesaid.

SEC. 13. Whenever all the bodies buried in any lot or plat, in this Act referred to, shall have been removed therefrom, with the consent of a majority of th board of directors of the corporation owning said cemetery, it shall be lawful for the owners of said lot or plat, with the consent of a majority of said directors, to transfer the same by deed. [New section; approved March 31, 1891.]

An Act supplemental to an Act entitled "An Act to authorize the incorporation of rural cemetery associations," approved April 28, 1859, authorizing such association to erect, purchase, or lease buildings and furnaces and other works for cremation of human bodies; also, to erect or lease buildings in which shall be entombed only the ashes of cremated dead, to make provision for the care of the burial places and ashes of the dead; also, to provide for the cremation of the unclaimed dead and bodies liable, if interred, to spread disease.

[Approved March 1, 1899.]

The people of the State of California, represented in Senate and Assembly, do enact as follows:

SECTION 1. Associations incorporated under the Act of which this Act is supplementary, shall, in addition to the powers granted by said Act, have authority to purchase, lease, or erect buildings and appliances to be used exclusively `for the purpose of cremating human bodies, and they may purchase, or lease, and hold land necessary for cremation ⚫purposes, or for the erection of columbariums for the entombing of the ashes of the cremated, when inclosed in metal, or stone,

or cement vessels, and not otherwise; but no uncremated body shall be interred or placed for any time whatever inside of the walls, or in the walls, of a place where the ashes of the cremated are deposited.

SEC. 2. Such associations shall invest their funds and use the proceeds thereof, after current expenses are paid, for the perpetual care of grounds, lots, buildings, and niches, according to contracts made and to be made with patrons, and in conducting its business such association shall have the same powers granted by law to corporations in general; provided, they shall have no authority to contract any pecuniary obligation whatever, nor shall they have power to levy or collect assessments. SEC. 3. In case of epidemic or the prevalence of contagious diseases, or otherwise, the proper authorities of any county, city and county, city, or town, may order the unclaimed or unknown dead, and the dead who die in public institutions under the control of any county, city and county, city, or town, and the dead commonly buried at public expense, cremated, and their ashes immured, or otherwise preserved in receptacles in columbariums, or interred in burial places, and human bodies, and parts of bodies, used in medical or other schools (except specimens to be preserved) shall not be cast into the waters of the State, nor on the ground, nor in receptacles for refuse matter, nor in vaults, nor in sewers, but shall either be buried as deep in the ground as is by law required for dead bodies, or cremated, as in this Act provided. But the remains of a person shall not be cremated by compulsion, under the provisions of this section, if he or his family, or any member thereof, or his church or spiritual adviser objects.

SEC. 4. A violation of any of the provisions of this Act is a misdemeanor.

SEC. 5. This Act shall be in force from the day of its passage.

Note. The date of approval of the Act to which this Act is supplemental, should be April 18, 1859 instead of April 28, 1859 as it appears in the above title. [Stats. 1859, p. 281.]


The following Act was codified by the Legislature of 1905 (see Sections 607 to 607g of the Civil Code), but is placed herein for the reason that, under Section 288 of the Civil Code, it is appplicable to all corporations formed under its provisions :

An Act for the more effectual prevention of cruelty to


[Approved March 20, 1874. Amended March 14, 1901; March 2, 1903; March 20, 1905.]

The people of the State of California, represented in Senate and Assembly, do enact as follows:

SECTION 1. Any three or more citizens of the State of California, who have heretofore, or who shall hereafter, incorporate as a body corporate, under the general laws for incorporations in this State, for the purpose of preventing cruelty to animals, may avail themselves of the privileges of this Act; provided, that the corporate body first formed as aforesaid in any county, shall be the only one so entitled to the benefits and privileges of this Act in said county, and such society or corporation, when organized, shall have power to take and hold by gift, purchase, grant, devise or bequest any property, real or personal, and to use and dispose of the same at pleasure. But such corporation shall not, in its corporate capacity, hold real estate the yearly income derived from which shall exceed the sum of ten thousand dollars. [Amendment approved March 20, 1905; in effect in sixty days.]

SEC. 2. The said societies may make and adopt by-laws governing the admission of associates and members, providing for all meetings, and for assistant and district or local officers; providing, also, for means and systems for the effectual attainment of the objects contemplated by this Act; for the regulation and management of its business affairs, and for the effectual working of the societies; prescribing, also, the duties of all their officers; for the outlay of all moneys and the auditing of all accounts; provided, that such by-laws shall not conflict with the laws of the State of California, or of the United States, or with any provisions of this Act.

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