« AnteriorContinuar »
A cemetery corporation may acquire, otherwise than by condemnation, real property as aforesaid and additional real prop erty, not exceeding in value two hundred thousand dollars, for the purposes of the convenient transaction of its general business, no portion of which shall be used for the purposes of a cemetery. A cemetery corporation may acquire, otherwise than by condemnation, additional real or personal property, absolutely or in trust, in perpetuity or otherwise; and use the same on the income therefrom in pursuance of the terms on which the same is acquired, for the following purposes, only:
1. The improvement or embellishment, but not the enlargement of its cemetery;
2. The construction or preservation of a building, structure, fence or walk therein;
3. The renewal, erection or preservation of a tomb, monument, stone, fence, railing or other erection or structure on or around any lot therein; or
4. The planting or cultivation of trees, shrubs, flowers or plants in or about a lot therein.
A cemetery corporation may accept a conveyance of real property held by a religious corporation for burial purposes, or by trustees for such purposes, if all such trustees, living and residing in this state, unite in the conveyance, subject to all burdens, trusts and conditions to which the title of such grantors was subject. Lots previously sold in any such lands, and grants for burial purposes therein previously made, shall not be affected by any such conveyance; nor shall any grave, monument or other erection thereupon, or any remains therein, be disturbed or removed without the consent of the lot owner, or if there be no such owner, without the consent of the heirs of the person whose remains are buried in such grave. No cemetery shall hereafter be located in any city or incorporated village, without the consent of the common council of such city, or the board of trustees of such village, as the case may be. (As amended by chap. 325 of 1896, § 1.)
46. Surveys and maps of cemetery.-Every cemetery cor poration shall, from time to time, as land in its cemetery may be required for burial purposes, survey and subdivide such land into lots or plats, with avenues, paths, alleys, walks and ornamental plats; and make and file a map thereof in the office of the corporation, open to the inspection of all persons. Any unsold lots, plats or parts of lots or plats, in which there have not been any
S$ 47-49 burials may, by order of the directors, be resurveyed and altered in shape or size, and properly designated on such maps.
847. Rules and regulations.-The directors of a cemetery corporation may make reasonable rules and regulations for the use, care, management and protection of the property of the corporation and of all lots, plats and parts thereof in its cemetery; for regulating the dividing marks between the various lots, plats and parts thereof, their size, shape, location, and the size of erections thereupon; for prohibiting or regulating the erection of structures upon such lots, plats or parts thereof; for preventing unsightly monuments, effigies and structures within the cemetery grounds, and for the removal thereof; for regulating the introduction and care of plants, trees and shrubs within such grounds; for the prevention of the burial in a lot, plat or part thereof, of a person not entitled to burial therein; for regulating or preventing disinterments; for the conduct of persons while within the cemetery grounds; and for the exclusion of improper persons therefrom and improper assemblages therein.
Such rules and regulations shall be plainly printed and publicly posted in the principal office of the corporation, and in such places upon the cemetery grounds as the directors by resolution. prescribe. The directors may prescribe penalties to be paid by a person violating any such rule or regulation, not exceeding twenty-five dollars for each violation, which shall be recoverable by the corporation in a civil action.
$48. Record of burials.-A record shall be kept of every burial in the cemetery of a cemetery corporation, showing the date of the burial, the name, age and place of birth of the person buried, when these particulars can be conveniently obtained, and the lot, plat, or part thereof, in which such burial was made. A copy of such record, duly certified by the secretary of such corporation, shall be furnished on demand and payment of such fees therefor as are allowed the county clerk for certified copies of records.
49. Title and rights of lot owners.-The directors must fix and determine the prices of the burial lots or plats, and keep a plainly printed copy of the schedule of such prices publicly posted in the principal office of the corporation, open at all reasonable times to the inspection of all persons.
The corporation, unless its certificate of incorporation or by-laws otherwise provide, shall, subject to its rules and regulations, sell
and convey to any person, the use of the lots or plats designated on the map filed in the office of the corporation, on payment of the prices so fixed and determined, but need not sell and convey more than one lot or plat to one person. The conveyances of lots and plats shall be signed by the president or vice-president and treasurer of the corporation. All lots, plats or parts thereof, the use of which has been so conveyed as a separate lot, shall be indivisible, except with the consent of the lot owner and the corporation; and the use of the same for burial purposes, after a burial therein, shall be inalienable and be held in perpetuity by the grantee and his heirs, except as otherwise provided in this section; and on the death of the grantee shall descend to his heirs-at-law, or to such of them, or to such other person or persons, or to such other class or classes of persons, as may be designated in such conveyance. An heir may release to the other heirs, and a joint owner may release to the other joint owners, his interest therein, on conditions specified in the release, which shall be filed in the office of the corporation. The title of a grantee, or his heirs, shall not be affected by the dissolution of the corporation or its non-user of its corporate rights and franchises, or any act of forfeiture on its part, or any alienation of its property or incumbrance thereon made or suffered by it. If no burial be made in any such lot, or if all the dead bodies buried therein be lawfully removed therefrom, the owners thereof may, with the consent of the corporation, sell the use of such lot. The secretary of the cemetery corporation shall file and record in its books all deeds of transfer. A lot owner may reconvey or devise to the corporation his right and title in and to any lot theretofore conveyed to him by such corporation.
50. Application of proceeds of sales of lots.-At least onehalf of the proceeds of the sales of the use of all lots and plats shall be applied to the payment of the purchase-money of the real property acquired by the corporation until such purchase-money is paid, and the residue thereof shall be applied to preserving, improving and embellishing the cemetery grounds and the avenues and roads leading thereto, and to defraying the incidental expenses and liabilities of the corporation. After the payment of such purchase-money, and the expense of surveying and laying out the cemetery, the proceeds of all sales of the use of lots and plats thereafter shall be applied only to the improvement, preservation and embellishment of such cemetery and the incidental expenses
of the corporation. Such corporation may agree with a person from whom any lands are purchased for a cemetery, to pay therefor a specified share not exceeding one-half of the proceeds of all sales of the use of lots and plats made from such land, and such share shall be first applied to the payment of such purchase-money, and the residue thereof shall be applied to the preservation, improvement, and embellishment of the cemetery, and the incidental expenses of the corporation. Where lands have been so purchased, and are to be paid for as provided by this section, the prices of the use of lots and plats fixed by the directors and in force when such purchase was made, shall not be changed, while the purchase-price remains unpaid, without the written consent of a majority in interest of the persons from whom the lands were purchased, their heirs, representatives or assigns.
§ 51. Burials and removals.-The remains of a widow may be buried in a burial lot of which her husband died possessed and in which his heirs continue to have an estate or right of burial, without the consent of any person whomsoever claiming any interest in such lot. The remains of the wife, husband, parent or child of a person who has a burial lot or estate therein or right of burial therein, may be interred in such lot without the consent of any person whomsoever claiming any interest in such lot. Subject however, in all cases to the following rules and exceptions:
1. The place of interment in such lot shall be subject to the reasonable determination of the cemetery corporation or association or their officers or agent having immediate charge of interments. This act shall not permit the remains of a person not otherwise entitled to burial, to be interred in any ground or place contrary to or in violation of the precepts, regulations or rules or usage of any church or other religious society, association or corporation.
2. Any husband or wife living separate from the other and having a burial lot in which the other (but for this act) would have no right of burial in such lot, and not desiring the remains of the other to be interred therein, may file a written objection to such interment with the cemetery corporation or association and if so filed at least thirty days before the death of the other, no right of interment shall be claimed or had under the foregoing section.
3. A parent or child having a purial lot in which the other would have no right of burial but for this act, and not desiring the remains of the other to be interred therein, may file a written objection to
such interment with the cemetery corporation or association, and if so filed at least thirty days before the death of the other, no right of interment shall be claimed or had by such other under this section; provided, that in such case, if the parent or child so excluded from burial in such lot, should die without having any place of interment provided, then the parent or child filing such objection shall at once furnish for the other a place of burial in some convenient cemetery; for the reasonable cost of which the estate of the deceased, if any, shall be responsible to the person furnishing such grave.
4. This section does not limit any existing rights of burial under other provisions of law. Nothing in this act contained, shall limit or curtail the right of alienation by the owner of a burial lot, under the rules of the cemetery corporation or association wherein such lot is situated, before the death of the person for whose remains the right of burial is provided herein, and no right of burial shall accrue to any person by reason of this act in any burial lot sold by its owner, before the death of the person for whose remains the right of burial is provided herein. If there be more than one lot owner of a lot in the cemetery of a cemetery corporation, no body of a dead person shall be buried therein without the consent of all the owners of such lot, unless such person, at the time of his death, was an owner of the lot, or a relative, wife or husband of an owner, or a relative of such wife or husband. A dead body lawfully buried in a lot in such a cemetery may be removed therefrom, with the consent of the corporation, and a written consent of the owners of such lot, and of the surviving wife, husband, children, if of full age, and parents of the deceased. If the consent of any such person can not be obtained, or if the corporation refuses its consent, the consent of the county court of the county or the supreme court, at a special term, held in the district, where the cemetery is situated, shall be sufficient. Notice of the application for the consent of the court must be given, at least, eight days prior thereto, personally or, at least, sixteen days prior thereto, by mail, to the corporation or to the person not consenting, and to every other person on whom service of notice may be required by the court. (As amended by chap. 715 of 1900.)
52. Taxation of lot owners by corporation.- If the funds of a cemetery corporation, applicable to the improvement of its cemetery wholly outside of a city of the first or second class, or applicable to the construction of a receiving vault therein for the common use