such company shall restore such street, alley, road, highway or railroad thus intersected to its former condition, as near as may be, and so that its usefulness will not be impaired, and shall construct, maintain and operate all such bridges across its canal as shall be necessary for the public use. The location and manner of constructing and maintaining such bridges may be determined by the corporate authorities of the city, town, village or county in or through which the canal is constructed.

6. Plat made and recorded. § 6. Before any such canal company shall be entitled to collect any toll or open such canal for public use, such company shall cause an accurate survey of such canal, or such part [*195] thereof as is located and constructed, to be signed by the president and secretary, and acknowledged by them in the same manner as conveyances of real estate are required to be acknowledged, and recorded in the recorder's office of the county or several counties in which such canal or part thereof is located. [See "Plats," ch. 109, § 9.

CEDING ILLINOIS AND MICHIGAN CANAL TO UNITED STATES. AN ACT ceding Illinois and Michigan canal to the United States. [Approved April 28, 1882. In force by vote of the people Nov. 7, 1882.

*7. Cedes canal and property to United States on condition. § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the Illinois and Michigan canal, its right of way and all its appurtenances, and all right, title and interest which the State may now have in any real estate ceded to the State by the United States for canal purposes, be and are hereby ceded to the United States for the purpose of making and maintaining an enlarged canal and waterway from Lake Michigan to the Illinois and Mississippi rivers, and this cession is made upon the condition that the United States shall, within five years from the time this act takes effect, accept this grant, and thereafter maintain the said canal and water-way for the purpose aforesaid. In case the United States shall accept this grant, it is upon the express condition that the Canal shall be enlarged in such manner as Congress may determine, and be maintained as a National water-way for commercial purposes, to be used by all persons, without discrimination, under such rules and regulations as Congress may prescribe; and the real estate aforesaid, hereby conveyed to the United States, shall be used and the avails thereof applied to carry out the objects of this grant, and for no other purpose, in such manner as Congress may determine.

*8. Grant may be revoked – deed of cession. § 2. The General Assembly shall have power to withdraw and revoke this proposed grant at any time previous to its acceptance by Congress, but when the United States, by act of Congress, shall accept the grant and conditions provided for by section one of this act, the Governor shall immediately thereafter execute and deliver, in the name of the State of Illinois, to the United States, a deed of cession, in accordance with the provisions of this act, and shall then and there, or as soon as practicable, surrender all property mentioned in this act to be granted to the proper authorities of the United States: and until the delivery of such deed, and acceptance of the same (together with the property conveyed) by the United States, the authority and duty of the State of Illinois to operate said canal, and control its property and appurtenances, shall in no respect be impaired.

*9. Act how submitted to vote and when to take effect. 3. This act shall not take effect until it shall first have been submitted to a vote of the People of the State of Illinois at the general election to be held on Tuesday. the fifth day of November, A. D. 1882, and have been approved by a majority of all the votes polled at such election. At the said election the ballots, in so far as they relate to this act, shall be in the following form: "For the act ceding the Illinois and Michigan canal to the United States," and when so voted, it shall count in favor of this act, but if canceled with ink or pencil, it shall be counted against this act. The returns of the whole vote cast at said election, and of the votes for the adoption or rejection of this act, shall be made and canvassed by the same officers and in the same manner as are the returns of the votes for Senators and Representatives of the State of Illinois, and if it shall appear that a majority of the votes polled are "for the act ceding the Illinois and Michigan canal to the United States," the Governor shall make proclamation thereof, and this act shall take effect from and after the date of such proclamation; but if a majority of the votes cast are against the act ceding the Illinois and Michigan canal to the United States," then this act shall be null and void.

AN ACT to provide for the dedication of land for cemetery purposes. [Approved February 15, 1851. In force April 18, 1851. L. 1851, p. 111.]

SEC. 1. Be it

1. Conveyance to county for burial places. nacted by the People of the State of Illinois, represented in the General Assembly, Any person or persons desiring to dedicate any lot of land, not exceeding five acres, as a burying ground or place for the interment of the dead, for the use of any society, association or neighborhood, may, by deed duly executed or recorded, convey such land to the county in which it is situated, by the corporate name of such county, specifying in such deed the society, association or neighborhood for the use of which the dedication is desired to be made, and thereby vest the title to such land, in perpetuity, for the uses stated in the deed, and such land shall be thereafter exempt from taxes for all purposes whatever.

[§ 2, repealed, by repealing act of 1874. See "Statutes," ch. 131, § 5. AN ACT to provide for the removal of cemeteries. [Approved April 24, 1873. In force July 1, 1873.]

2. When cemetery may be removed-expense. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenever any cemetery shall be embraced within the limits of any town or city, it shall be lawful for the corporate authorities thereof, if, in their opinion, any good cause exists why such cemetery should be removed, to cause the remains of all persons interred therein to be removed to some other suitable place; Provided, said corporate authorities shall have first obtained the assent of the trustees or other persons having the control or ownership of said cemetery, or a majority thereof; And, provided, further, that when such cemetery is owned by one or more private parties, or private corporation or chartered society, the corporate authorities of such town or city may require the removal of such cemetery to be done at the expense of such private parties, or private corporation or chartered society, if such removal be based upon their application.

AN ACT to enable cemetery companies to sell and convey land not required for burial purposes. [Approved February 12, 1874. In force July 1, 1874.]

3. When cemetery land may be sold. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in all cases where cemetery companies, incorporated by special law, have been or shall be prohibited by any act of the legislature or municipal ordinance from occupying any land purchased for burial purposes, and the boundaries limited by such law or ordinance, it shall and may be lawful for any such company to sell and convey the land outside of such boundaries for other than burial purposes.

AN ACT to amend an act entitled "An act to enable cities and villages to establish and regulate cemeteries," approved March 24, 1874, amended by an [*197] act approved May 25, 1877, in force July 1, 1877. [Approved and in force June 14, 1883. L. 1883, p. 55.

SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That an act entitled An act to enable cities and villages to establish and regulate cemeteries," approved March 24, 1874, and amended by an act approved May 25, 1877, be, and the same is so amended, as to read as follows:

*4. Power of city or village to establish. § 1. That any city, village or township in this State may establish and maintain cemeteries within and without its corporate limits, and acquire lands therefor, by condemnation of otherwise, and may lay out lots of convenient size for families; and may sell lots for family burying ground, or to individuals for burial purposes.

Two or more cities or villages may establish jointly. 2. That any two or more cities, villages or townships in this State may jointly unite in establishing and maintaining cemeteries within and without the corporate limits of either, and acquire lands therefor in common, by purchase, condemnation or otherwise, and may lay out lots of convenient size for families, and may sell lots for family burying ground or to individuals for burial purposes.

AN ACT to enable the mayor and aldermen of certain cities to lease or convey real estate. [Approved April 15, 1875. In force July 1, 1875. Laws 1875, p. 40. *5. When land leased or sold for cemetery purposes. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in all cities of which the mayor and aldermen have heretofore been incorporated by any special act, as a cemetery association, or body politic, it shall be lawful, a majority of their number assenting thereto, for such association or body politic, to demise for a term of years, or to convey in perpetuity any real estate which it may have acquired by purchase or otherwise; and the real estate so conveyed shall be devoted exclusively for burial or cemetery purposes by the grantee or lessee thereof.

AN ACT to enable cemetery associations to sell and convey lands not required for burial purposes. [Approved April 15, 1875. In force July 1, 1875. Laws 1875, p. 40. *6. When land may be sold. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the ceme

tery associations incorporated by the laws of this State, and owning land in any cemetery located in any county of less than one hundred thousand inhabitants, shall have power to sell such lands so owned by said association and not suitable or required for burial purposes, and in which no person shall have been buried; Provided, that the trustees or other officers having control of such cemetery shall first call a meeting of the lot owners in such cemetery, at which a vote shall be taken in regard to such sale, and if a majority of the votes so cast shall be in favor of such sales, the trustees or other officers having control of such cemetery shall have power to sell such lands as hereinafter provided.

[Devine v. Board of County Commissioners Cook County, 84 Ill. 590.

*7. Notice of meeting. § 2. Notice of such meeting shall be given by publication in some newspaper published in such county of less than one hundred thousand inhabitants, where such cemetery is located, at least once in each week for three successive weeks previous to such meeting; if no newspaper is published in the county where such cemetery is located, then such notice shall be published in the newspaper nearest to such cemetery.

*8. Sale must be public. 3. The trustees or other officers having control of such cemetery shall sell such lands at public sale, to the highest bidder, upon such terms as they may determine.

*9. Notice of sale. § 4. Notice of the sale of such land shall be given in the same manner as is provided in section 2 of this act.

*10. Use of proceeds. § 5. The proceeds of the sale of such lands may be used to pay indebtedness of such association, or for purchasing other lands for burial purposes, or for ornamenting or improving such cemetery, as the trustees or other officers having control of the same may determine.

AN ACT in relation to the control of public graveyards. [Approved May 29, 1879. In force July 1, 1879. L. 1879 p. 63.]

*11. Control of corporate authorities. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That public graveyards in this State, not under the control of any corporation, sole organization or society, and located within the limits of cities, villages, towns, townships, or counties not under township organization, shall and may be controlled or vacated by the corporate authorities of such city, village, town, township or county, in such manner as such authorities may deem proper, and, in the case of towns, such control may be vested in three trustees, to be elected annually by the voters of such town at the annual town meeting therein.

AN ACT to protect cemeteries and to provide for their regulation and management. [Approved June 29, 1885. In force July 1, 1885. L. 1885, p.

12. Trespass upon grave yard; enforcement of penalties. SEC. 1. Be it enacted by the People of the State of Illinois, represented by the General Assembly, That any person who shall willfully destroy, mutilate or injure any tomb, monument, stone, vault, tree, shrub or ornament, or any object whatever, in any cemetery, or in any avenue, lot or part thereof, or shall hunt, shoot or discharge any gun, pistol or other missile, within the limits of any cemetery, or shall cause any shot or missile to be discharged into or over any portion thereof, or shall

violate any of the rules made and established by the board of directors of such cemetery, for the protection or government thereof, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be punished by a fine of not less than five dollars nor more than one hundred dollars for each offense. All such fines, when recovered, shall be paid over by the court or officer receiving the same to the cemetery association and be applied as far as possible in repairing the injury, if any, caused by such offense. Provided, nothing contained in this act shall deprive such cemetery association, or the owner of any lot or monument from maintaining an action for the recovery of damages caused by any injury caused by a violation of the provisions of this act, or of the rules established by the board of directors of such cemetery association.*

*13. Directors ordain by-laws; enforcement of penalties. 2. The board of directors of such society or association is hereby authorized to make by-laws for the government thereof, and to make rules regarding the driving of carriages, processions, teams and the speed thereof, the use of avenues, lots, walks, ponds, water-courses, vaults, buildings, or other places within such cemetery, and for the maintenance of good order and quiet in such cemetery, all such rules to be subject to the rights of lot owners, or others, owning any interest in such cemetery; and all persons found guilty of a violation of such rules shall be punished by a fine of not less than five dollars, nor more than one hundred dollars for each offense. No justice of the peace shall be disqualified from hearing any cause that may be brought before him under the provisions of this act, nor shall any person be disqualified from acting as a juror in such cause, by reason of any interest or ownership they or either of them may have in the lots of such cemetery.

14. Police - appointment and duties. § 3. The directors of any cemetery society, or cemetery association, may appoint policemen to protect such cemetery and preserve order therein, and such policemen shall have the same power in respect to any offenses committed in such cemetery, or any violation of this act, that city marshals or policemen in cities have in respect to maintaining order in such cities or arresting for offenses committed therein.

15. Permanent fund to maintain order and repair; exemption from taxation. 4. The board of directors of such cemetery society or cemetery association may set apart such portion as they see fit of the moneys received from the sale of lots in such cemetery, which sums shall be kept separate from all other assets of the association or society as an especial trust fund, and they shall keep the same invested in safe interest or income paying securities for the purpose of keeping said cemetery, and the lots therein, permanently in good order and repair, and the interest or income derived from such trust fund shall be applied only to that purpose, and shall not be diverted from such use. Such trust fund shall be exempt from taxation when held by any cemetery society or cemetery association, organized not for pecuniary profit. Every such society or association may also take and hold in trust money or other property for the purpose of expending the income arising therefrom, of the proceeds thereof in embellishing and keeping in repair such lot or lots and the surroundings thereto, in its cemetery as the donor may designate.

*See p. 473, §§ 138, 139.