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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 author
ize 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.]
PREVENTION OF CRUELTY TO ANIMALS.
The following Act was codified by the Legislature of 1905 (see Sections 607 to 6079 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 arimals, 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.
SEC. 3. Said societies shall elect officers and fill vacancies according to the provisions of their by-laws.
SEC. 4. All sheriffs, constables, police and peace officers are empowered and directed to make arrests for the violation of any of the provisions of this Act, which by this Act is denominated a misdemeanor, in the same manner as is by law provided for arrests in all cases of misdemeanors. [Amendment in effect March 14, 1901.]
SEC. 5. All members and agents, and all officers of each or any of the societies so incorporated, as shall by the trustees of said societies be duly authorized in writing, approved by a Judge of the Superior Court of the county, and sworn in the same manner as are constables and peace officers, shall have power to lawfully interfere to prevent the perpetration of any act of cruelty upon any dumb animal, and may use such force as may be necessary to prevent the same, and to that end may summon to their aid any bystander ; they may make arrests for the violation of any of the provisions of this Act in the same manner as is herein provided for other officers; and may carry the same weapons that such officers as are nạmed in section four of this Act are authorized to carry; provided, that all such members and agents shall, when making such arrests, exhibit it and expose a suitable badge to be adopted by said society. All persons resisting said specially appointed officers, as such, shall, upon conviction, be deemed guilty of a misdemeanor. [Amendment in effect March 14, 1901.]
SEC. 6. Any person who overdrives, overloads, drives when overloaded, overworks, tortures, torments, deprives of necessary sustenance, drink or shelter, cruelly beats, mutilates or cruelly kills any animal, or causes or procures any animal to be so overdriven, overloaded, overworked, tortured, tormented, deprived of necessary sustenance, drink or shelter, or to be cruelly beaten, mutilated, or cruelly killed ; and whoever, having the charge or custody of any animal, either as owner or otherwise, subjects any animal to needless suffering, or inflicts unnecessary cruelty upon the same, or in any manner abuses any animal, or fails to provide the same with proper food, drink, shelter or protection from the weather, or who cruelly drives, rides, or otherwise uses the same when unfit for labor, shall for every such offense, upon conviction, be deemed guilty of a misdemeanor.
Sec. 7. If any person shall carry, or cause to be carried, in or upon any vehicle, or otherwise, any domestic animal, in a cruel or inhuman manner, or knowingly and willfully authorizes or permits the same to be subjected to unnecessary torture, suffering, or cruelty of any kind, shall, upon conviction, be deemed guilty of a misdemeanor; and whenever any such person shall be taken into custody therefor by any officer, such officer may take charge of such vehicle and its contents, together with the horse or team attached to said vehicle, and deposit the same in some safe place of custody; and any necessary expenses which may be incurred for taking care of and keeping the same, shall be a lien thereon, to be paid before the same can be lawfully recovered; and if the said expenses, or any part thereof, remain unpaid, they may be recovered, by the person incurring the same, of the owner of said domestic animal, in any action therefor.
SEC. 8. Any person who shall cause any bull, bear, cock, dog, or other animal to fight for his amusement or for gain, worry or injure each other; or any person who shall permit the same to be done on any premises under his charge or control; and any person who shall aid, abet, or be present at such fighting and worrying of such animal a spectator, shall, upon conviction, be deemed guilty of a misdemeanor.
SEC. 9. Whoever owns, possesses, keeps, or trains any bird or animal, with the intent that such bird or animal shall be engaged in an exhibition of fighting, or is present at any place, building, or tenement, where preparations are being made for an exhibition of the fighting of birds or animals, with the intent to be present at such exhibition, or is present at such exnibition, shall, upon conviction, be deemed guilty of a misdemeanor.
SEC. 10. When complaint is made, on oath, to any magistrate authorized to issue warrants in criminal cases, that the complainant believes that any of the provisions of law relating to or in any way affecting dumb animals, are being or are about to be violated in any particular building or place, such magistrate shall issue and deliver immediately a warrant directed to any sheriff, constable, police officer, or officer of any incorporated association, qualified as provided in the fifth section of this Act, authorizing him to enter and search such building or place, and to arrest any person or persons there