a reasonable construction of the statute, an election and vote in favor of the tax are preliminary requisites indispensable to authorize the trustees to proceed, under the statute, to purchase a cemetery, and to direct township orders to be issued in payment thereof; and, still further, that where, in such a case, land has been purchased, deed delivered and township orders issued in payment, upon application of the trustees, the contract of purchase should be rescinded, the land reconveyed and the orders surrendered up to be canceled. (Weaver v. Cherry, 8 Ohio St. Rep. 565.)

§ 1088. It is declared by statute that if the sexton or other person in charge of any township or other cemetery shall suffer the dead to remain in any vault or other receptacle until the same becomes offensive, he shall be liable, on the complaint of any person before any justice of the peace of the township, to a fine of not over twenty dollars, and an additional penalty of five dollars for every day after the fine aforesaid, that the nuisance shall be continued; and, in such cases, the trustees or managers of the cemetery, on complaint of any householder of the township, are required to issue an order forthwith to the sexton or other person in charge to have the dead immediately interred; and in case the interment be neglected for three days after the complaint, any justice of the peace of the township may issue his written order to any householder of the township, to inter the dead at the expense of the said trustees or managers, and he is required to allow a reasonable charge for the service. (Ib., Secs. 15 and 16.)

CHAPTER LXXX.

BURIAL-GROUNDS IN MICHIGAN-HOW INCORPORATED CORPORATE POWERS-OFFICERS, ELECTIONS AND MEETINGS CERTIFICATES OF RIGHTS OF BURIAL-CEMETERIES IN VILLAGESTOWNSHIP BURIAL-GROUNDS-BOARD OF HEALTH MAY PURCHASE LAND FOR.

§ 1089. In the State of Michigan any five or more persons of lawful age may organize themselves into a corporation, by such name as they shall adopt, for the purpose of acquiring land for a burial-ground for the dead, to dispose of rights of burial therein, and to fence and improve the same and keep it in suitable condition. The corporation when formed may acquire and hold in fee, in its corporate name, so much land as may be necessary for its burying-ground, and it cannot incumber the same. The purchase price and cost of fencing and improving the same, must be paid out of the funds first realized from the sale of rights of burial. (1 Compiled Laws 1857, Ch. 57, Secs. 1 and 2.)

§ 1090. The right of burial, in respect to the corporation, is regarded as the right to bury the dead in and upon a parcel of land of the size specified in the by-laws of the corporation. Any stockholder wishing to dispose of any right of burial owned by him, must procure for the purchaser a grant of such right from the corporation, and, at the same time relinquish to such corporation all claim he may have to the same. Any person owning any right of burial derived from the corporation, will be deemed a stockholder and have the right to vote at all meetings of the stockholders. (Ib., Secs. 3, 4 and 5.)

§ 1091. Upon the application in writing of any three of the persons aforesaid, to any justice of the peace of the county in which the burying-ground is to be situated, the justice is required to issue his warrant to either one of the applicants, directing him to call a meeting of the persons wishing to become incorporated, which warrant must contain the substance of the application, and state the time and place of holding the meeting; the meeting must be called in obedience to the warrant, by posting up notice thereof, containing the substance of the warrant, in at least two public places in the township, city or village in which such buryingground is to be situated, at least ten days before the time of holding the meeting. The person to whom the warrant is directed, after having called the meeting, is required to attach to the warrant a copy of the notice, accompanied by his affidavit showing that it is a true copy of the notice posted up by him, and also showing when and where the notices were posted; and this must be presented to the meeting and filed by the clerk elected thereat. (Ib., Secs. 6 and 7.)

§ 1092. Any five or more persons meeting in pursuance of the notice, may choose a president, clerk, treasurer, sexton and such other officers as they may determine to be necessary, and provide for calling future meetings. The officers who are named herein must be chosen by ballot, and the person having the highest number of votes for any office will be deemed elected. All the other officers of the corporation may be chosen in such manner as shall be prescribed by the by-laws of the corporation. The time and place of holding meetings must also be prescribed by the by-laws. A majority of the officers required to be chosen by ballot, may fill any vacancy in office by appointment. All officers are required to file with the clerk, within ten days after his

election or appointment, a written acceptance of the office, together with a bond, if required, or the office will be vacant. (Ib., Secs. 8, 9, 10 and 11.)

§ 1093. Any person attending a meeting for the election of officers of the corporation, and elected thereat, will be deemed to have been duly notified of his election; the clerk is required, within two days after the election of any person to office who was not present, to notify such person of his election. The treasurer must give a bond to the corporation, with sufficient sureties, to be approved by the president thereof, for the faithful discharge of his duties, which bond is required to be filed with the clerk. The officers must have such reasonable compensation for their services as shall be allowed by the corporation at any regular meeting of the stockholders, and no more. The corporation may make all needful by-laws and regulations as may be necessary to enable them to manage the affairs of the corporation. (Ib., Secs. 12, 13, 14 and 15.)

§ 1094. Within one week after the organization of such association, the clerk is required to make out a certificate of the organization, specifying the corporate name thereof, the officers chosen at the first meeting, which must be signed by the president, forthwith record the same in the office of the clerk of the county in which the burying-ground is or may be situated, in a book to be provided and kept by him for that purpose, who is entitled to seventy-five cents for recording it. Before the corporation can issue certificates of rights of burial, it must cause its burial-ground to be laid out in such form as it may choose, and cause two maps thereof to be made, accurately describing the land belonging to the bury ing-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 must be prepared under the supervision and direction of the president and clerk of the corporation, and certified by them to be a correct map of their buryingground. One of the maps must be filed with the clerk of the corporation and the other with the county clerk; whereupon such county clerk is required to give the corporation a certificate, under his hand and seal of office, showing that such map has been received and duly filed by him, which certificate must be filed with the clerk of the corporation. (Ib., Secs. 16 and 17.)

§ 1095. Such corporations possess the power of suing and being sued, having a common seal, etc., as other corporations. Whenever it may become necessary to vacate any burying-ground, the property of the corporation, such corporation may, by a majority vote of its stockholders present at any regular meeting, direct the president and clerk to petition the Circuit Court for the county in which the burying-ground is situated, for leave to vacate the same; and the court may make such order in the premises as may be just and proper; no order, however, can be made within six months from the time of filing the petition, and due proof of publication of notice of such petition, for twelve successive weeks, in such newspaper as may have been designated by the court for that purpose. (Ib., Secs. 18 and 21.)

1096. The corporation may dispose of that part of any forfeited right of burial which has not been actually used as a repository of the dead, the same as though it had never been granted. Any corporation may be authorized by the Circuit or District Court of the county, upon the like petition and notice as in the other case, and after six months