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Call of meeting to incor

ety.

Sec. 6. Upon application in writing of any three of the persons aforeporate 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; and such meeting shall be called in obedience to such warrant, by posting 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 situated, at least ten days before the time of holding such meeting.

Notice of meeting.

Affidavit of notice, &c.,

and filed, &c.

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 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.

Selection of officers, &c.

Officers;

how chosen.

Vacancies;

how filled.

Officers to

file accept

ance.

Sec. 8. Any five or more persons who shall meet in pursuance of such notice, may choose a president, clerk, treasurer, sexton, and such other officers as they may determine to be necessary, and may also provide 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 manner 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.

Sec. 10. A majority of the officers required to be chosen by ballot, in any corporation organized under this act, shall have power to fill any vacancy in office by appointment.

Sec. 11. 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 va

cant.

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

officers elec

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 faithful discharge of his duties, which bond shall be filed with the clerk.

Treasurer to give b❜nd.

tion of offi

Sec. 14. The officers of any corporation organized under this act, Compensashall 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 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.

May make by-laws.

of organiza

made, filed

ed.

Sec. 16. Within one week after the organization of any corporation Certificate organized 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 recordthe 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.

to be laid

maps made,

issuing cer

rights of

Sec. 17. Before any corporation organized under the provisions of Burial grind 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 &c., before two maps thereof to be made, which maps shall accurately describe the tificate 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

Corporate rights.

Existing corporati'ns

ize under

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.

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

this act.

Existing rights not

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

burying ground.

Forfeited

rights, how

Sec. 21. Whenever it may become necessary to vacate any burying 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 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 remaining unpaid for by the circuit or district court of the county, upon the like petition and Afty years. notice as are required in the twenty-first section of this act, and after

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.

ments; how

Sec. 24. A majority of the stockholders of any corporation organized Ass088under this act, at any regular meeting thereof, shall, when necessary, have made. power to make an assessment upon the stockholders of such corporation.

assessments

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.

warded to

assessment

lished.

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 Forfeiture neglect or refuse to pay any assessment, for six months from the time ment. such assessment was made, all rights of such corporation shall cease, and all rights of burial vert to said corporation.

stockholder under such owned by him shall re

un

for non-p'y

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Duties of officers, how defined.

Sec. 27. The powers and duties of all officers holding office der any corporation organized under this act, shall be defined by ded the by-laws of such corporation, except so far as they are defined

this act.

in

Sec. 28. It shall be the duty of the treasurer of any corporation organized 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.

Treasurer's

duty.

certificate of

Sec. 29. A record shall be kept by each corporation organized under Form of this act, of the rights of burial disposed of by such corporation, in the right of bu following form:

rial.

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theless, to assessment and forfeiture, as provided by law.

Dated,

Countersigned,

18.....

President.

Clerk."

Blanks

Index.

Price; how

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 burial in the grounds of such corporation.

Sec. 31. The price of rights of burial in the grounds of such corpoestablished. ration, shall be determined by the stockholders of such corporation present at any regular meeting.

Receipt for payment.

Certificate to issue.

Potter's field.

Sec. 32. Upon payment to the treasurer of any corporation organized 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.

[ No. 88. ]

Preamble.

AN ACT to provide for the sale of certain land in the village of Jackson, belonging to the State.

Whereas, A certain parcel of land in the village of Jackson, was

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