from the filing of such petition, to re-dispose of burial rights on which assessment shall have remained unpaid, for fifty years or more. A majority of the stockholders, at any regular meeting, have power, when necessary, to make an assessment upon the stockholders of the corporation. (Ib., Secs. 22, 23 and 24.)

§ 1097. After any such assessment has been made, the corporation must 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 the corporation, and the amount assessed to each stockholder; a copy of the assessment must be furnished by the clerk to the treasurer of the corporation. Within one month from the time of making any assessment, the clerk must cause a notice of such assessment to be published, for twelve successive weeks, in the newspaper printed nearest to the burial-ground of the corporation, which notice must state when the assessment was made, with a list of the names of all the stockholders, and the amount assessed to each, and directing each stockholder to pay his assessment to the treasurer of the corporation; and if any stockholder neglect or refuse to pay the same for six months from the time such assessment was made, all rights of such stockholder under such corporation will cease, and all rights of burial owned by him will revert to the corporation. (Ib., Secs. 25 and 26.)

§ 1098. The powers and duties of all officers of the corporation must be defined by the by-laws of the corporation, except so far as they are defined by the statute. The treasurer is required to receive and safely keep all moneys belonging to the corporation, and pay them out on the order of the clerk, countersigned by the president of the corpora tion. A record is required to be kept by the corporation of the rights of burial disposed of in the following form:

their grounds, and embracing in reference to this map, subject, nevertheless, to assessment and forfeiture, as provided by law.

Dated

(Countersigned.)

(Ib., Secs. 27, 28 and 29.)

Clerk.

President.

§ 1099. Every corporation is required to procure a sufficient number of blanks of the form prescribed, bound in convenient form, with an index, in which must be entered, alphabetically, the names of the purchasers of rights of burial in the grounds of such corporation. The price of rights of burial must be determined by the stockholders present at a regular meeting. Upon payment to the treasurer the price of any right of burial determined as specified, it is made the duty of the treasurer to give the purchaser a receipt therefor, which receipt must accurately describe the premises on which payment has been made. (Ib., Secs. 30, 31 and 32.)

§ 1100. Upon presenting to the clerk of the corporation a receipt from the treasurer, in the form prescribed, it is made the duty of such clerk to issue a certificate of right .of burial, signed by such clerk, and countersigned by the president, in the form prescribed. Any corporation has power to set off a part of its burial-ground as a Potter's Field, and, under proper regulations, permit the dead to be buried therein. (Ib., Secs. 33 and 34.)

§ 1101. The board of health of every township are required to make all regulations which they deem necessary for the interment of the dead, and respecting buryinggrounds in their township; and it is also made their duty to [Tr.]

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purchase in each surveyed township so much land for burying-grounds as shall be necessary for burying the dead of such township. And such board of health, and their successors in office, will hold the fee of any burying-grounds in their township, in trust for such township, and they are required to keep the same, or so much thereof as may be necessary, surrounded with a good, substantial fence; the expenses of the purchase of such lands, and of fencing and regulating the same to be certified to the town board by the board of health, and by the town board, provided for as a part of the contingent expenses of the township. (Ib., Ch. 37, Secs. 5 and 6.)

§ 1102. Any person who shall willfully destroy, mutilate, deface, injure or remove any tomb or structure designed as a memorial of the dead, or any fence, railing or other thing intended for the protection or ornament of any tomb or other structure, or of any inclosure for the burial of the dead, or shall willfully destroy, mutilate, remove, cut, break or injure any tree, shrub or plant placed or being within any such inclosure, is punishable by fine not exceeding five hundred dollars, nor less than ten dollars, or by imprisonment in the county jail not more than one year. And any person who shall open any highway or construct any road, turnpike or canal, or any other thing in the nature of a public easement, over, through or upon such part of any such. inclosure as may be used or appropriated for the burial of the dead, unless authority be granted by law, or unless consent be given by the proper authority, is punishable by fine not exceeding two thousand dollars, or imprisonment in the county jail not more than one year. (Ib., Ch. 185, Secs. 22 and 23.)

CHAPTER LXXXI.

BURIAL

GROUNDS IN INDIANA - INDIVIDUALS MAY UNITE TO HOLD CEMETERY ASSOCIATIONS, HOW INCORPORATED THEIR POWERS-REMOVING DEAD BODIES WITHOUT CONSENT-DESECRATING CEMETERY-BURIAL GROUNDS IN ILLINOIS-CEMETERY ASSOCIATIONS, HOW INCORPORATED-THEIR POWERS AND OFFICERS-LANDS MAY BE DEDICATED FOR CEMETERY.

§ 1103. In the State of Indiana, individuals may unite themselves together for the purpose of receiving donations of lands, or purchasing the same for cemeteries; whereupon they will be deemed bodies corporate, and have corporate powers. In this case they are organized precisely as religious societies are organized, the particulars of which are given in the chapter on religious societies in Indiana. (Ante, Ch. 38; 1 R. S. 1862, Ch. 101, Sec. 17.)

§ 1104. So in all cases where the donor or donors of any public burying-ground, shall lay off the same into lots, plainly designated by common stones or posts, and record a plat thereof in the recorder's office, it is declared that persons then interring in such burying-ground shall bury within the lots so designated, and not out of them. And further, it is provided that the donor of a private burying-ground, his heirs and assigns forever, shall have the exclusive right of admitting corpses therein for interment, and may direct where the same shall be buried; and may grant any right of burial in such ground as may not interfere with the graves already there, or the rights of persons who have buried their dead in such ground. (Ib., Secs. 20 and 21.)

§ 1105. So also it is provided by the laws of Indiana that

any persons may voluntarily associate themselves together for the purpose of providing suitable grounds for the burial of the dead, and to ornament the same with shade trees and shrubbery. Such association must be formed by written articles, specifying the objects of the same and the conditions. of membership, and must be subscribed by each member. The association may adopt a corporate name, either in the original articles or at the first meeting thereof, and may have a corporate seal. The articles of association must be filed in the office of the clerk of the Circuit Court of the proper county, whereupon the association will be deemed and held to be a corporation. (2 R. S., Ch. 100, Secs. 1, 2, 3, 4 and 5.)

§ 1106. The annual value or the income of the property of any such corporation cannot exceed five thousand dollars. The corporation is required to divide its stock or corporate property into shares, not exceeding thirty dollars each, and determine the manner in which the same shall be holden and conveyed. The clerk or secretary of the corporation is required to keep a fair record of the proceedings thereof, in a book provided for that purpose; and such records, or copies duly attested by such clerk or secretary, may be read in evidence when the interests of the corporation are concerned. (Ib., Secs. 6, 7 and 8.)

§ 1107. It is also provided by statute that every person who shall, without the consent of the near relatives of a deceased person, or without the consent of such deceased person being had in his or her life time, or the direction of the coroner, remove the dead body of such deceased person, or any part thereof, from interment in any public or private burying-ground, shall be fined not exceeding one thousand dollars. (Ib., Chap. 7, Sec. 37.) So, likewise, it is declared by statute that if any person shall