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make By-Laws.

Corporation may 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.

Certificate of organization to

Clerk.

Burial Ground to be laid out and

before issuing

Rights of Burial.

(1732.) SEC. 16. Within one week after the organization of be made, filed any Corporation organized under this act, the clerk shall make office of County out a certificate of the organization of such Corporation, specifying the corporate name thereof, the 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 seventy-five cents for recording the same. (1733.) SEC. 17. Before any Corporation organized under Maps made, etc., the provisions of this act shall issue certificates of rights of Certificate of burial, they shall cause their burial ground to be laid out in such form as they may choose, and cause two maps thereof to be made, which maps shall accurately describe the land belonging to such burying ground, its boundaries and location, 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 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.

Corporations may sue, etc., and

Seal.

(1734.) SEC. 18. All Corporations organized under this act, have Common 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. (1735.) SEC. 19. Any burying ground Corporation hereafter ize under this [heretofore] 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

Existing Corporations may organ

Act.

act.

paired by this

(1736.) SEc. 20. Any right that may have accrued to any Rights in, not immember or stockholder of a burial ground Corporation hereto- Act. fore existing in this State, shall not be affected or impaired by reason of this act.

may be vacated

(1737.) SEC. 21. Whenever it may become necessary to Burying Ground vacate any burying ground, the property of any Corporation by Circuit Court. organized under this act, such Corporation may, by a majority

and notice.

of its stockholders present at any regular meeting, direct the President and Clerk of such Corporation to petition the Circuit Petition therefor, 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.

how disposed of.

(1738.) SEC. 22. It shall be lawful for any Corporation Forfeited rights, organized under this 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.

fifty years.

(1739.) SEC. 23. Any Corporation organized under this act, Rights how sold may be authorized by the Circuit or District Court of the ments unpaid for county, upon the like petition and notice as are required in the twenty-first section of this act, and after six months from the filing of such petition, to redispose of burial rights on which assessment shall have remained unpaid for fifty years.

or more.

make assess

(1740.) SEC. 24. A majority of the stockholders of any Stockholders may Corporation organized under this act, at any regular meeting ments. thereof, shall, when necessary, have power to make an assessment upon the stockholders of such Corporation.

ments to bo

(1741.) SEC. 25. After an assessment has been made, as Record of assess provided for in the next preceding section, such Corporation made. shall cause a record 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 for Treasment shall be furnished by the Clerk to the Treasurer of such Corporation.

urer.

(1742.) SEC. 26. Within one month from the time of making Notice of assess any assesssment, the Clerk of the Corporation making the lished.

ment to be pub

same, shall cause a notice of 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 Forfeiture for his assessment to the Treasurer of such Corporation; and if any such stockholder shall neglect or refuse to pay any assessment, for six months from the time such assessment was made, all rights of such stockholder under such Corporation shall cease, and all rights of burial owned by him shall revert to said Corporation.

non-payment.

Duties of Officers to be defined by By-Laws.

Treasurer's duty.

Form of Record of Right of Burial.

(1743.) SEC. 27. The powers and duties of all officers. holding office under any Corporation organized under this act, shall be defined by the by-laws of such Corporation, except so far as they are defined in this act.

(1744.) 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.

(1745.) SEC. 29. A record shall be kept by each Corporation. organized under this act, of the rights of burial disposed of by such Corporation, in the following form:

"No.

The

of

for
hereby grant unto

to them paid by right of burial

Blanks and Index for Record.

Price of Rights of
Burial to be de-

in their grounds, and embracing in reference to this map, subject, nevertheless, to assessment and forfeiture, as

[blocks in formation]

(1746.) 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.

(1747.) SEC. 31. The price of rights of burial in the grounds termined by of such Corporation, shall be determined by the stockholders of such Corporation present at any regular meeting.

Stockholders.

Receipt for payment therefor.

(1748.) 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 the purchaser a receipt therefor, which receipt shall accurately describe the premises on which payment has been made.

Right of Burial to

(1749.) SEC. 33. Upon presenting to the Clerk of any Corpo- Certificate of ration organized under this act, a receipt from the Treasurer purchaser. 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.

set off Potters'

(1750.) SEC. 34. Any Corporation organized under this act, Corporation may shall have power to set off a part of their burial ground as a Field. Potter's Field, and under proper regulations, permit the dead

[blocks in formation]

may be Incorpo

(1751.) SECTION 1. The People of the State of Michigan enact, How Societies That any three or more persons who may desire to become rated. incorporated for any charitable purpose, may execute under their hands, and acknowledge before some person within this State, authorized to take the acknowledgment of deeds, one or more duplicate articles of agreement, as hereinafter

where to be filed.

Copy of Articles specified, one copy whereof shall be filed and recorded in the office of the Secretary of State, and a record shall be made of such articles, or of a certified copy thereof, in the Clerk's office of the county or counties in this State in which the office of such Association for the transaction of business may be located; and upon the execution and acknowledgment of such articles, the signers thereof, and those who may thereafter become associated with them, shall become a body politic and corporate, for the purpose set forth in said articles.

Meaning of term "Charitable

cieties."

Su

Articles of Association, what to contain.

chosen.

chosen.

"Charitable Societies," within the meaning of this act, shall be construed to include only Societies intended to assist those suffering from any disease, infirmity, or necessity: Provided, however, That no person shall, by reason of membership in any such Society, become entitled thereby to any special dividend or benefit out of the funds thereof, depending on such membership.

(1752.) SEC. 2. The articles of this Association shall contain: First. The names of the persons associating in the first instance, and their places of residence;

Second. The name of such Corporation, and the place where its office for the transaction of business is located, and the period for which it is incorporated, not exceeding thirty

years;

Third. The objects for which it is organized, which shall be stated with convenient certainty, and expressly;

Fourth. The number of its Trustees and regular officers, and the time and place of holding its annual meeting;

Fifth. The terms and conditions of membership therein. Trustees to be (1753.) SEC. 3. The affairs of such Corporations shall be managed by not less than five, nor more [than] twenty Trustees, to be chosen by the members thereof, and to hold office for one year, and until their successors be chosen; and the Officers, and how regular officers thereof, except the Treasurer and Secretary, shall form a part of said Trustees, and the said Treasurer and Secretary shall be chosen from such Trustrees. The officers may be chosen by the Trustees, or by the members of such Corporation, as the articles shall prescribe. The by-laws of such Corporation shall be adopted by the Trustees, who may Quorum of Trus- change them at their pleasure. A majority of the Trustees. shall be a quorum to transact business. All of such Trustees Trustees to be shall be citizens of the United States, and residents of the Citizens, etc.

By-Laws.

tees.

State of Michigan.

(1754.) SEC. 4. No such Corporation shall have power to

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