name of the village, for its use, in any court having jurisdiction thereof. (Ib., Sec. 4.)

§ 1013. Such burying-ground is required to be laid out into suitable lots, pursuant to the ordinances of such trustees, and the trustees may, on such terms and conditions as may be prescribed by such ordinances, and for such prices as may be agreed to by them, on behalf of such village, convey any of such lots to individuals, for the sole purpose of mak ing interments therein, by conveyances which may be acknow ledged and recorded as other conveyances of real estate, and which are required to be recorded by the clerk of the vil lage, in a suitable book to be kept by him; but no such conveyance can be executed for any such lot until the price thereof be paid to the village. (Ib., Sec. 5.)

§ 1014. It is made the duty of the trustees of every vil lage in which there shall be a burying-ground, purchased by means raised by a general tax upon the taxable property in such village, to reserve a reasonable portion of such ground for the interment of strangers, and other persons who may die in such village under such circumstances that it would be unreasonable to require payment for the privilege of making such interment. (Ib., Sec. 6.)

§ 1015. It is also made the duty of the trustees of every village in which there is a burying-ground so purchased, to cause an accurate record to be kept of every interment therein, and the time when made, and the name, age, and place of birth of every person buried therein, where these particulars can be conveniently ascertained; and such record must be so kept as to show the lot and part of the lot in which each interment is made. (Ib., Sec. 7.)

§ 1016. The statute provides that a general tax, not exceed

ing one hundred and fifty dollars in any one year, may be imposed, levied and collected on the taxable property in the village owning a burying-ground, for the purpose of improving the same; the tax must be imposed in the manner prescribed by law for imposing such general taxes in such village, as are authorized by law to be imposed thereon for village purposes; and, when collected, must be applied to improving such burying-ground. (Ib., Sec. 8.)

§ 1017. Private or family cemeteries may also be incorporated under the statutes of the State. Any number of persons desirous of availing themselves of the provisions of the statute, may purchase or set off land to the extent of not more than three acres; and, after inclosing the same, they must cause to be published, in a newspaper printed in the county where the land is situated, or, if there be no newspaper printed in that county, then in one printed in an adjoining county, a notice that a meeting of the proprietors of the land so purchased or set off will be held at the time and place designated; such notice to be published at least once in each week, for six weeks, successively, next previous to the time of meeting. The meeting, when convened, must consist of not less than seven of said proprietors, who must then and there elect not less than three of their number as trustees to manage the affairs of the corporation for a period of five years. (Laws of 1854, Ch. 112, Secs. 1 and 2; 3 Stat. at Large, 754.)

§ 1018. The chairman and secretary of the meeting are required to make a written certificate and sign their names thereto, and acknowledge the same before an officer authorized to take the acknowledgment of deeds, containing the names of the trustees and the title of the corporation, and a description of the land, and they must file such certificate in the office of the clerk of the county in which the land so set

apart is situated; and, thereupon, the said proprietors are declared legally incorporated, and will possess the general powers, and be subject to the general liabilities which corporations by law possess and are subject to; a certified copy of the certificate is made evidence, in all courts and places, of the formation of the corporation. (Ib., Sec. 2.)

§ 1019. The following form for the certificate may be used:

STATE OF NEW YORK,
County of Oswego,

SS.

We, the undersigned, chairman and secretary of the meeting hereinafter mentioned, do hereby certify that on the day of in pursuance of a notice duly published in the newspaper printed in the county aforesaid, known as the "Fulton Patriot and Gazette," a meeting of the proprietors of a parcel of land purchased and set off for a private cemetery, in the town of Palermo, in said county, convened for the purpose of incorporating themselves, under the act entitled "An Act for the incorporation of private and family cemeteries," passed April 1, 1854, at the house of

in said town, which meeting consisted of not less than seven of said proprietors, and did then and there elect A. B., C. D. and E. F., three of said proprietors, trustees to manage the affairs of such corporation, for a period of five years; that the title of said corporation determined upon by said meeting is "The Johnson Cemetery Association," and the land so purchased and set apart is described as follows: (insert description).

In witness whereof we, the said chairman and secretary, have hereunto set our hands this day of

A. B., Chairman,
C. D., Secretary.

[Add the certificate of acknowledgment, which must be in the same form as in the case of deeds].

§ 1020. In case of the death or resignation of either of the trustees elected, the surviving or remaining trustees are authorized to fill the vacancy, for the residue of the term, from the members of the corporation, and, at the end of the term, new trustees must be elected in the same manner as

the first were chosen. (Laws of 1854, Ch. 112, Sec. 2; 3 Stat. at Large, 754.)

§ 1021. No cemetery can be established under the provisions of the statute that is not inclosed by a suitable fence or wall, nor can any such cemetery be located at a less distance than one hundred rods from any dwelling house, without the written consent of the owner or owners thereof. Cemeteries used for private interments prior to the twentyfirst day of April, A. D., 1854, may be incorporated in the same way as is provided for private or family cemeteries, subject to the provisions and conditions prescribed for them. (Ib., Secs. 4 and 6.)

§ 1022. It is also provided by statute that every person who shall pull down or deface any fence, monument or stone in or about any private cemetery incorporated under the statute, shall forfeit to the corporation a sum not exceeding five hundred dollars for each offense, to be recovered in a court of record, and that such offender shall also be adjudged guilty of a misdemeanor. (Ib., Sec. 5; 3 Stat. at Large, 755.)

§ 1023. Land set apart and a portion of which has been actually used for a family or private burying-ground, is exempt by law from levy and sale by any execution or other legal process. This exemption, however, does not extend to more than one-fourth of an acre of land, nor to any building or erection other than a vault or other place of deposit for the dead; nor will any such land be so exempt unless the owner, before the sale, shall have made, certified and acknowledged in the manner required for the acknowledgment of deeds, a description of the land, and procured the same to be recorded in the office of the clerk of the county in which the land is situated; and the clerk is required to record the same in the proper book for recording deeds and in the same manner. (Laws of 1847, Ch. 85.)

CHAPTER LXXV.

BURIAL-GROUNDS IN NEW YORK-PROTECTION OF BIRDS IN CEMETERIES-PENALTIES INCURRED-SAME APPLICABLE TO LOCALITY NEAR GREENWOOD — DISTURBING GRAVES A CRIMINAL

OFFENSE.

§1024. It is made unlawful in the State of New York, for any person to kill or wound, or trap any bird within any cemetery or public burying-ground, or to destroy any bird's nest, or remove any eggs or the young birds therefrom; and any person guilty thereof is deemed guilty of a misdemeanor, punishable by a fine of five dollars for every bird killed, wounded or trapped, and for every bird's nest destroyed, or eggs or young birds removed, recoverable in any justice's court within the county where the offense was committed, to be sued for by any person making the complaint; and the penalty will go toward the support of the poor of the county. (Laws of 1853, Ch. 629, Sec. 1; 3 Stat. at Large, 753.)

§ 1025. It is also declared by statute that any person who saall knowingly buy or sell any bird which may have been killed, or trapped, or have such birds on sale, shall be deemed guilty of a misdemeanor, and punishable by a fine of five dollars for every bird bought, sold or on sale, to be recovered and disposed of in like manner, as stated in the last preceding section. (Ib., Sec. 2.) These provisions of the statute are made applicable to every place within two miles of the boundaries of the Greenwood Cemetery enclosure, in the county of Kings. (Laws of 1855, Ch. 564; 3 Stat. at Large, 576.)

1026. By the statutes of New York it is declared that every person removing the dead body of any human being