Imágenes de páginas
PDF
EPUB

contemplated by this act, and now in operation, may avail themselves of its provisions by filing the certificate provided for in section 1; provided, that such society shall not have greater membership than three thousand.

SEC. 7. This act shall take effect immediately.

TITLE XIII.

CEMETERY CORPORATIONS.

SECTION 608. How much land may be held, and how disposed of. 609. Who are members eligible to vote and hold office.

610. May hold personal property, to what amount. Disposal of

surplus.

611. May issue bonds to pay for grounds. Proceeds of sales, how
disposed of.

612. May take and hold property or use income thereof, how.
613. Interments in lot, and effect thereof. Transfer of rights only
made, how.

614. Lot owners previous to purchase to be members of the corpo

ration.

608. How much Land may be held, and how disposed of. Corporations organized to establish and maintain cemeteries may take by purchase, donation, or devise, land, not exceeding three hundred and twenty acres in extent, in the county wherein their articles of incorporation are filed, to be held and occupied exclusively as a cemetery for the burial of the dead. The lands must be surveyed and subdivided into lots or plats, avenues, and walks, under order of the directors, and a map thereof filed in the office of the recorder of the county wherein the lands are situated. Thereafter, upon such terms and subject to such conditions and restrictions, to be inserted in the conveyances, as the bylaws or directors may prescribe, the directors may sell and convey the lots or plats to purchasers. [See Stats. 1859, p. 281, 8 4.]

Objects. Where sundry individuals signed articles of association, which, after counting upon the fact that public necessity and convenience require that a specified burying-ground should be enlarged for public use, proceeded to say, that "the subscribers, pursuant to the statute in such cases provided, do hereby, for that purpose, agree to

associate together as a body politic and corporate," and it was objected that this association was formed for the purpose of enlarging a buryingground already established, and not for the purpose of procuring and establishing one, and was, therefore, unauthorized by the statute referred to. It was held that this objection was untenable, as, in both cases, the purpose was to procure land for a cemetery, and establish it as such. (Edwards v. Stonington Cemetery Ass., 20 Conn. 466.) 609. Who are Members eligible to vote and hold office. Every person of full age, who is proprietor of a lot or plat in the cemetery of the corporation, containing not less than two hundred square feet of land, or, if there be more than one proprietor of any such lot, then such of the proprietors as the majority of joint proprietors designate, may, in person or by proxy, cast one vote at all elections had by the corporation for directors or any other purpose, and is eligible to any office of the corporation. At each annual meeting or election, the directors must make a report to the proprietors of all their doings, and of the management and condition of the property and concerns of the corporation. [See Stats. 1859, p. 281, 2 5.]

610. May hold Personal Property to what amount—Disposal of surplus. Such corporations may hold personal property to an amount not exceeding five thousand dollars, in addition to the surplus remaining from the sales of lots or plats after the payments required in the succeeding section. Such surplus must be disposed of in the improvement, embellishment, and preservation of the cemetery, and paying incidental expenses of the corporation, and in no other manner. [See Stats. 1859, p. 281, % 4; 1864, p. 12, ¿ 1.]

611. May issue Bonds to pay for Grounds-Proceeds of Sales, how disposed of. Such corporations may issue their bonds, bearing interest not exceeding twelve per cent. per annum, for the purchase of lands for their cemeteries, payable out of the proceeds of the cemetery, and not otherwise. Sixty per cent. of the proceeds of sales of lots, plats, and graves must be applied at least every three months to the payment of the bonds and interest. [See Stats. 1859, p. 281, 2 7; 1864, p. 12, % 1.]

612. May take and hold Property or use Income thereof, how. Cemetery corporations may take and hold any prop

erty bequeathed or given them on trust, or the lots, plats, or graves thereon, for the specific purpose of embellishing or improving the grounds, avenues, or superstructures of their cemeteries, to use the income thereof, for the erection, preservation, or repair of monuments therein, or for any other purpose or design consistent with the objects of the corporation. [See Stats. 1859, p. 281, § 9.]

613. Interments in Lot, and effect thereof Transfer of rights only made, how. Whenever an interment is made in any lot or plat transferred to individual owners by the corporation, the same thereby becomes forever inalienable, and descends in regular line of succession to the heirs at law of the owner. When there are several owners of interests in such lot or plat, one or more may acquire by purchase the interest of others interested in the fee simple title thereof; bnt no one not an owner acquires interest or right of burial therein by purchase; nor must any one be buried in any such lot or plat, not at the time owning an interest therein, or who is not the relative of such owner or of his wife, except by consent of all jointly interested. [See Stats. 1859, p. 281, 11.]

614. Lot Owners, previous to purchase, to be Members of the Corporation. When grounds purchased or otherwise acquired for cemetery purposes have been previously used as a burial ground, those who are lot owners at the time of the purchase continue to own the same, and are members of the corporation, with all the privileges a purchase of a lot from the corporation confers. [See Stats. 1859, p. 281, ? 12.]

TITLE XIV.

AGRICULTURAL FAIR CORPORATIONS.

SECTION 620. May acquire and hold real estate, how much.

621. Shall not contract debts or liabilities exceeding amount in

treasury,

622. Not for profit. May fix fee, etc., for membership.

620. May acquire and hold Real Estate, how much. Agricultural fair corporations may purchase, hold, or lease any quantity of land not exceeding in the aggregate one hundred and sixty acres, with such buildings and improvements as may be erected thereon, and may sell, lease, or otherwise dispose of the same, at pleasure. This real estate must be held for the purpose of erecting buildings and other improvements thereon, to promote and encourage agriculture, horticulture, mechanics, manufactures, stockraising, and general domestic industry. [See Stats. 1859, p. 104, 2.]

621. Shall not contract Debts or Liabilities exceeding amount in Treasury. Such corporation must not contract any debts or liabilities in excess of the amount of money in the treasury at the time of contract, except for the purchase of real property, for which they may create a debt not exceeding five thousand dollars, secured by mortgage on the property of the corporation. The directors who vote therefor are personally liable for any debt contracted or incurred in violation of this section. [See Stats. 1859, p. 104, 25.

622. Not for Profit.—May fix Fee, etc., for Membership. Agricultural Fair corporations are not conducted for profit, and have no capital stock or income, other than that derived from charges to exhibitors, and fees for membership, which charges, together with the term of membership, and mode of acquiring the same, must be provided for in their bylaws. Such fees must never be greater than to raise sufficient revenue to discharge the debt for the real estate, and the improvements thereon, and to defray the current expenses of fairs. [See Stats. 1859, p. 104, % 4.]

TITTE XV.

GAS CORPORATIONS.

SECTION 628. Corporations to obtain privilege from city or town, and use meters proved by the Inspector.

629. Gas to be supplied on written application. Damages for

refusal.

630. When corporations may refuse to supply gas.

631. Agents of corporations may inspect meters.

632. When persons neglect to pay, gas may be shut off.

628. Corporations to obtain Privilege from city or town, and use Meters proved by the Inspector. No corporation hereafter formed must supply any city or town with gas, or lay down mains or pipes for that purpose, in the streets or alleys thereof, without permission from the city or town authorities, granted in pursuance of the provisions of the Political Code, or of statutes expressly continued by such Code. Nor must such corporation furnish or use any gas meter which has not been proved and sealed by the Inspector of Gas Meters. [See Stats. 1863, p. 647, % 3.]

Obligation to supply. Independent of a positive enactment by statute, a gas company is not bound to supply gas to every one who may demand it. The manufacture and sale is a business which may be prosecuted or discontinued, at the will of the party therein engaged. A maker of gas is subjected to no greater duties or liabilities, than the manufacturers and vendors of other commodities. (McCune v. Norwich City Gas Co., 30 Conn. 531; Paterson Gas-Light Co. v. Brady, 27 N. J. L. 245.) Though a gas company may require its consumers to sign a written application to have the gas let on, yet, if in a suit for not supplying gas, it does not plead failure to present such an application, and rests its refusal on other grounds, it will be deemed to have waived the omission. (Shepard v. Milwaukee Gas-Light Co., 11 Wis. 234.)

629. Gas to be supplied on written application-Damages for refusal. Upon the application in writing of the owner or occupant of any building or premises distant not more than one hundred feet from any main of the corporation, and payment by the applicant of all money due from him, the corporation must supply gas as required for such building or premises, and cannot refuse on the ground of any in

« AnteriorContinuar »