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Partition fences.

May collect cost.

thereof, any such animal, or animals, trespassing thereon, and if such animal, or animals, shall not be applied for, by the owner thereof, and such damages be paid, within ten days after such taking-up, the same may be posted and disposed of, under the Estray Law of the State; and, before restitution shall be had by the owner of such animal, or animals, in any case, all damages done by them, and all expenses of pasturing, keeping, and disposing of them, shall be paid.

SEC. 3. When a fence shall have been erected by any person, on the line of his land, or that for which he may have a lease for one year, or more, and the person owning the land adjoining thereto, or holding a lease of the same for one or more years, shall make, or cause to be made, an inclosure on the opposite side of such fence, so that such fence may answer the purpose of inclosing his ground also, such person shall pay the owner of such fence, already erected, one-half of the value of so much thereof as serves as a partition-fence between them.

SEC. 4. When two or more persons own land adjoining, which is inclosed by one fence, and it becomes necessary, for the protection of the right and interest of one party, that a partitionfence should be made between them, the other, or others, when notified of the fact, shall proceed to erect, or cause to be erected, one-half of such partition-fence, such fence to be erected on (or as near as possible) the division line of such land; and if, afier notice is given by either party, and a reasonable time has elapsed, and the other party persist in refusing to erect one-half of such fence, the party giving such notice may proceed to erect the entire partition-fence, and collect, by law, the proportional share of the cost of such fence, from the party, or parties, so refusing to build his or their respective portions thereof.

Sec. 5. All partition-fonces, separating adjoining inclosures, shall stand upon the line, and any person, or persons, when crecting a partition-fence, and refusing to place it on the line dividing such lands, or remove it to such line, when erected otherwise than thereon, sball subject himself to one-half the cost of the removal, and erection thereof in the right place.

Sec. 6. The respective owners, or lessees, of lands which now are, or hereafter may be, inclosed with fences, and their successors in interest therein, shall keep up, and maintain, in good repair and condition, all partition-fences, between their own and the next adjoining inclosures, in equal shares.

Sec. 7. When two or more persons shall agree to cultivate lands, under one inclosure, neither of them shall place, or cause to be placed, any stock or animals on his, her, or their ground, to the injury or damage of the other, or others, but, for a violation of this provision, shall be liable for all damages thus sustained by the other, or others, and for a repetition of such violation, after due notico be given, and for every subsequent repetition, double damages shall be recovered; it shall not be necessary to prove an express agreement to cultivate under one inclosure, but the fact of such cultivation shall be sufficient evidence of such agrecment.

Sec. 8. All Acts, or parts of Acts, inconsistent with the provisions of this Act, are hereby repealed, so far as they relate to

On the line.

In repair.

Under one inclosure.


Repealing clause.

the Counties of San Bernardino, Colusa, Shasta, Tehama, and Placer.

CHAP. CCLXVII.-An Ant to authorize the Incorporation of Rural

Cemetery Associations.

[Approved April 18, 1859.] The People of the State of California, represented in Senate and

Assembly, do enact as follows: Section 1. Any number of persons residing in this State, not Seven perless than seven, who shall desire to form an Association for the incorporat

. purpose of procuring and holding lands, to be used exclusively for a cemetery, or place for the burial of the dead, may meet at such time and place, as they, or a majority of them may agree, and appoint a Chairman, or Secretary, by a vote of the majority of the persons present at the meeting, and proceed to form an Association, by determining on a corporate name, by which the Association shall be called and known, by determining on the number of Trustees, to manage the concerns of the Association, which number shall not be less than six, nor more than twelve, and thereupon may proceed to elect, by ballot, the number of Trustees, so determined on, and the Chairman and Secretary shall, immediately after such election, divide the Trustees, by lot, into three classes : those in the first class to hold their office one year; those in the second class, two years; and those in the third class, three years; but the Trustees of each class may bo re-elected, if they shall possess the qualification hereinafter mentioned. The meeting shall also determine on what day, in each year, the future annual elections of Trustees shall be held.

Sec. 2. The Chairman and Secretary of the meeting shall, Filo a within three days after such meeting, make a written certificate, and sign their names thereto, and acknowledge the same before an officer authorized to take proof and acknowledgment of conveyances, in the County where such meeting shall have been held, which certificate shall state the names of the associates determined upon by the majority of the persons who met; the number of Trustees fixed on to manage the concerns of the Association; the names of the Trustees chosen at the meeting, and their classification, and the day fixed on for the annual election of Trustees; which certificate it shall be the duty of the Chairman and Secretary of such meeting to cause to be filed and recorded in the office of the County Clerk of the County in which the cemetery.grounds are situated, in a book to be appropriated to the recording of certificates of incorporation.

Sec. 3. Upon such certificate, duly acknowledged and filed Powers of as aforesaid, being recorded, the Association mentioned therein Association. shall be deemed legally incorporated, and shall be a body politic and corporate, in fact and in name, by the name stated in the


. Powers.

certificate, and by their corporate name, have succession and power :

First-To sue and be sued in any Court.

SecondTo make and use a common seal, and alter the same at pleasure.

Third— To purchase, hold, sell, and convey, such real and personal estate as the purposes of the incorporation shall require.

Fourth-To appoint such officers, agents, and servants, as the business of the Corporation shall require, to define their powers, prescribe their duties, and fix their compensation.

Fifth-To require of them such security as may be thought proper for the fulfillment of their duties, and to remove them at will, except that no Trustee shall be removed from office unless by a vote of two-thirds of the whole number of Trustees, or by a vote of a majority of the Trustees, on a written request, signed by one-half of the lot-owners.

Sixth-To make by-laws not inconsistent with the laws of this State, for the organization of the Company, the management of the property, regulation of its affairs, and for carrying on all kinds of business within the object and purposes of the Company. The affairs and property of such Associations shall be managed by the Trustees, who shall annually appoint, from among their number, a President and Vice-President, and shall also appoint a Secretary and Treasurer, who shall hold their places during the pleasure of the Board of Trustees, and the Trustees may require the Treasurer to give security for the faithful performance of the duties of his office.

Sec. 4. Any Association incorporated under this Act, may take, by purchase or devise, and hold, within the County in which the certificate of their incorporation is recorded, not exceeding three hundred and twenty acres of land, to be held and occupied exclusively for a cemetery for the burial of the dead. Such land, or such parts thereof as may from time to time be required for that purpose, shall be surveyed and subdivided into lots or plats of such size as the Trustees may direct, with such avenues, paths, alleys, and walks, as the Trustees deem proper; and a map or maps of such surveys shall be filed in the office of the County Recorder of the County in which the land shall be situated. And after filing such map, the Trustees may sell and convey the lots or plats designated upon such map, upon such terms as shall be agreed upon, and subject to such conditions and restrictions, to be inserted in or annexed to the conveyances, as the Trustees shall prescribe. The conveyances to be executed under the common seal of the Association, and signed by the President or Vice-President, and the Treasurer of the Association. Any Association incorporated under this Act, may hold personal property to an amount not exceeding five thousand dollars, besides what may arise from the sale of lots or plats.

Sec. 5. The annual election for Trustees, to supply the place of those whose term of office expires, shall be holden on the day mentioned in the certificate of incorporation, and at such hour and place as the Trustees shall direct; at which election shall be chosen such number of Trustees as will supply the places of those whose term expires. The Trustees chosen at any election



subsequent to the first, shall hold their places for three years, and until others shall be chosen to succeed them. The election shall be by ballot, and every person of full age, who shall be the proprietor of a lot or plat in the cemetery of the Assocaition, containing not less than two hundred square feet of land, or if there be more than one proprietor of any such lot, or plat, then such one of the proprietors as the majority of joint-proprietors shall designate to represent such lot or plat, may, either in person or by proxy, give one vote for each plat, or lot, of the dimensions aforesaid ; and the persons receiving a majority of all the votes given at such election, shall be Trustees, to succeed those whose term of office expires. But in all elections after the first, the Trustees shall be chosen from among the proprietors of lots, or plats, and the Trustees shall have power to fill any vacancy in their number occurring during the period for which they hold their office. Public notice of the annual elections shall be given in such manner as the by-laws of the Corporation shall prescribe.

SEC. 6. The Trustees, at each annual election, shall make re- Report. ports to the lot-proprietors of their doings, and of the management and condition of the property and concerns of the Association. If the annual election shall not be held on the day fixed in the certificate of incorporation, the Trustees shall have power to appoint another day, not more than sixty days thereafter, and shall give public notice of the time and place at which time the election may be held, with like effect as if holden on the day fixed on in the certificate. The office of the Trustees chosen at such time, to expire at the same time as if they had been chosen at the day fixed by the certificate of incorporation.

Sec. 7. After its formation in the manner provided in the May issue preceding sections, the Corporation shall proceed to purchase bouds. suitable grounds for the proposed cemetery, and to the vendor thereof, they are authorized to issue the bonds of the Corporation for the amount of the purchase-money, bearing interest not exceeding the rate of twelve per cent. per annum, but payable out of sixty per cent. of the proceeds of the cemetery, as the same shall be realized, and not otherwise. Sixty per cent., at least, of the proceeds of all sales of lots, plats, or graves, shall be first appropriated to the payment of the said bonds and interest aforesaid, payable at least once in three months to the bond-holders, until all are paid, and the residue thereof to be used in preserving, improving, and embellishing the said cemeterygrounds, and the avenues or roads leading thereto, and to defraying the incidental expenses of the cemetery establishment; and after payment of the purchase-money and interest, as aforesaid, and all debts contracted therefor, and for surveying and laying out the land, the proceeds of all future sales shall be applied to the improvement, embellishment, and preservation of such cemetery, and for incidental expenses, and to no other purpose or object. SEC. &. Any person who shall willfully destroy, mutilate, de- Vandalism.

8 face, injure, or remove, any tomb, monument, grave-stone, building, or other structure, placed in any cemetery of any Association incorporated under this Act, or any fence, railing, or other



work, for the protection or ornament thereof, or of any tomb, monument, or grave-stone, or other structure aforesaid, or of any plat or lot within such cemetery, or shall willfully destroy, cut, break, or injure, any tree, shrub, or plant, within the limits of such cemetery, shall be deemed guilty of a misdemeanor, and such offender shall also be liable in an action of trespass, to be brought, in all such cases, in the name of such Association, to pay all such damages as shall have been occasioned by his unlawful act, or acts. Such money, when recovered, shall be applied, by the Trustees, to the reparation, or restoration, of the property so destroyed, or injured.

Sec. 9. Any Association incorporated pursuant to this Act, may take and hold any property, real, or personal, bequeathed, or given upon trust, to apply the income thereof, under the direction of the Trustees of such Association, for the improvement or embellishment of such cemetery, or the erection or preservation of any buildings, structures, fences, or walks, erected, or to be erected, upon the lands of such Cemetery Association, or upon the lots, or plats, of any of the proprietors; or for the repair, preservation, erection, or removal of any tomb, monument, grave-stone, fence, railing, or other erection, on around any cemetery, lot, or plat, or for planting, or cultivating trees, shrubs, flowers, or plants, in or around any such lot, or plat, or for improving or embellishing such cemetery, or any of the lots, or plats, in any other manner or form, consistent with the design and purposes of the Association, according to the terms of such grant, devise, or bequest.

SEC. 10. The cemetery-lands and property of any Association, formed pursuant to this Act, shall be exempt from all public taxes, rates, and assessments, and shall not be liable to be sold on execution, or be applied in payment of debts due from any individual proprietors. But the proprietors of lots, or plats, in such cemeteries, their heirs, or devisees, may hold the same exempt therefrom, so long as the same shall remain dedicated to the purpose of a cemetery; and, during that time, no street, road, avenue, or thoroughfare, shall be laid through such cemetery, or any part of the lands held by such Association, for the purposes aforesaid, without the consent of the Trustees of such Association, except by special permission of the Legislature of the State.

Sec. 11. Whenever the said lands shall be laid off into lots, or plats, and such lots, or plats, or any of them, shall be transferred to individual holders, and after there shall have been an interment in a lot, or plat, so transferred, such lot, or plat, from the time of such interment, shall be forever thereafter inalienable, and shall, upon the death of the holder or proprietor thereof, descend to the heirs-at-law of such holder or proprietor, and to their heirs-at-law forever; Provided, nevertheless, that any one or more of such heirs-at-law may release, to any other of the said heirs-at-law, his, her, or their, interest in the same, on such conditions as shall be agreed on and specified in such release, which release shall be recorded with the County Recorder of the County within which the said cemetery shall be situated; And provided, further, that the body of any deceased person shall not

Exempted from taxation,

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Laid off in lots.

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