Board to hold lands in trust. To be fenced. provided for. Proviso. Proviso. and it shall also be the duty of said board to purchase in each surveyed township so much land for burying-grounds as shall be necessary for burying the dead of such township, provided suitable grounds therefor can be found and procured within the township, and if not, they shall then provide such grounds in the nearest adjoining township where such suitable grounds can be procured. As amended by Act 142 of 1859.—§ 1637. 97. SEC. 6. The board of health of the township for which such burying-ground shall be procured, and their successors in office, shall hold the fee of such land in trust for such township; and they shall keep the same, or so much thereof as shall be necessary, surrounded with a good and substantial fence; the expense 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: Provided, however, That the board of health may, whenever they think it desirable, sell and convey single or family burial lots in said township buryingground to such person or persons as may desire to procure the same, and apply the proceeds thereof towards the purchase or improvement of said grounds, certifying the amount of all such sales and expenditures to the township board, as above provided: Provided further, That before said board of health shall sell or offer to sell any lot or lots as above provided, they shall cause said burying-ground to be laid out in such form as they may choose, and cause two maps thereof to be made, which maps shall accurately describe the lands belonging to such buryinggrounds, 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 shall be prepared under the supervision and direction of the health officer and clerk of said board of health, and certified by them to be a correct map of the said burying-ground. One of said maps shall be filed with the clerk of said board of health and the other with the register of deeds of the county in which such burying-ground is situated.—§ 1637.—As amended by Act 78, Laws of 1885. Cemeteries, etc. Proviso. TAXING OF CEMETERIES AND CEMETERY PROPERTY. From Act 195, Laws of 1889, entitled, "An act for the assessment of property and the levy of taxes thereon, and for the collection of taxes heretofore or hereinafter levied." Paragraph four of Section 3, is as follows: 98. Fourth, All property of cemetery associations and lands used exclusively as burial grounds, and the rights of burial therein and the tombs and monuments therein, while in use for that purpose: Provided, That the stock of associations organized and carried on for private gain, and all tombs and vaults built within any burying grounds and kept for rent for the purpose of private gain or profit, shall be assessed as personal property. BURIAL OF SOLDIERS AND SAILORS.-CEMETERY REGULATIONS. 29 BURIAL OF DECEASED UNITED STATES' SOLDIERS, SAILORS, AND MARINES. Act 33, Laws of 1887, entitled, "An act to authorize the board of supervisors of any county in this State to purchase lots in any cemetery or burial place for deceased soldiers, sailors and marines." board of super chase lots, etc. 99. SEC. 1. The People of the State of Michigan enact, That Lawful for it shall be lawful for the board of supervisors of any county in visors to purthis State to purchase one or more lots in any cemetery or burial place, for deceased soldiers, sailors and marines, who have served in the army of the United States in the late war of the rebellion. 100. SEC. 2. The title to such lots in any such cemeteries Title, in whom shall be vested in such county or in such incorporated post of the Grand Army of the Republic, as the board of supervisors may designate, such title to be held by such post of the Grand Army of the Republic, and the title to such lots in any such cemeteries shall revert to the county when such post of the Grand Army of the Republic shall cease to be a legal corporation. Act 155, Laws of 1887, entitled, "An act to incorporate the Grand Army of the Republic, Department of Michigan, and subordinate posts of the Grand Army of the Republic." The last part of Sec. 7 of this act is as follows: vested. cemeteries, etc. 101. And any such corporation organized under this act may May acquire take, purchase, hold and own suitable lots or parcels of ground as may be convenient for the purposes of a cemetery, and make all lawful rules and regulations for the disposition of lots therein and the burial of the dead: Provided, This act shall not be con- Proviso. strued to [affect] effect any municipal regulation in regard to cemeteries: And provided further, That any such corporation Further proviso. may join with any public corporation in the creation of any such cemetery, or division of any existing cemetery, but in case of such joint agreement, such cemetery, after the dissolution of the said corporation, shall revert to and become the property of, or subject to the control of, any such public corporation, to be maintained by it in perpetuity as a distinct Grand Army division of such cemetery. USE OF FIRE-ARMS IN CEMETERIES-ENTERING CEMETERIES. From same Act,-No. 12, Laws of 1869. prohibited. 102. (3421.) SEC. 14. No person shall use fire-arms upon the Use of fire-arms grounds of any cemetery owned and inclosed by any such corporation, nor hunt game therein. No person shall enter into such inclosed cemetery by climbing or leaping over or through any fence or wall around the same, nor direct or cause any animal to enter therein in any such manner. Any person offending against Penalty. any of the provisions of this section shall be punished by a fine not exceeding fifty dollars, or by imprisonment not exceeding three months, or by both, in the discretion of the court.—As amended by Act 218 of 1875.—§ 4776. ENLARGING CEMETERIES. From Act No. 12, Laws of 1869, entitled, "An act to authorize and encourage the formation of corporations to establish rural cemeteries, and to provide for the care and maintenance thereof." Relative to enlarging the limits of cemetery. Application to circuit judge for jury to determine compensation, etc. Circuit court in chancery may vacate cemeteries. Re-interment. 103. SEC. 17. Whenever the board of directors of said corporation, the board of health of any township, or the common council, board of health, or board of trustees, of any city or village shall deem it to be desirable and necessary to enlarge the limits of any cemetery which has been or may be hereafter established in the manner provided by law, and such board of directors, board of health, board of trustees, or common council shall be unable to agree with the owner or owners of the land which such board of directors, board of health, board of trustees, or common council desire to include within the limits of the cemetery to be enlarged, as to the compensation to be paid therefor, or in case such board of directors, board of health, board of trustees, or common council shall, by reason of any imperfection in the title to said land, arising either from a break in the chain of title, tax sale, mortgages, levies, or any other cause be unable to procure a perfect, unencumbered title in fee simple to said land, such board of directors, board of health, board of trustees, or common council shall authorize one or more of its members to apply to the circuit judge in whose circuit such cemetery shall be situated, for a jury to ascertain and determine the just compensation to be made for the real estate required by such cemetery, and the necessity for using the same, which application shall be in writing, and shall describe the real estate desired for enlarging such cemetery as accurately as is required in a conveyance of real estate.-Added by act 219 of 1875.$4778. VACATING CEMETERIES IN CITIES AND VILLAGES. From Act No. 164, Laws of 1871, entitled, "An act to provide for vacating cemetery plats and cemetery grounds in the limits of incorporated cities and villages." 104. (3423.) SECTION 1. The People of the State of Michigan enact, That whenever the trustees of any incorporated village, or the common council of any city, shall, by resolution adopted by them, determine that the dead bodies buried in any public cemetery located in such city or village should be removed therefrom, for the reason that such cemetery shall have become commons, or shall impede the growth of any such city or village, or shall endanger the health of the people living in the immediate vicinity thereof, the circuit court in chancery of the county in which such cemetery is located is hereby authorized to vacate the same, or any part thereof, on petition made to such court as hereinafter provided.-§ 4790. 105. (3426.) SEC. 4. That when any cemetery shall be vacated as provided in this act, the said trustees, or common council shall cause all the dead bodies and remains buried in such cemetery to be re-interred in the cemetery of such city or village, if they have one, and if not, then in some suitable cemetery not more than six miles from the nearest corporate limits of said city or village, in a prudent, careful, and respectful manner, and shall cause to be removed and again erected over the proper remains, all permanent fences around graves and lots, all tomb SALE OF CEMETERIES.-FORWARDING BODIES FOR DISSECTION. 31 stones and monuments, with as little injury as the case will admit: Provided, That no removal of said bodies and remains Proviso. shall be made during the months of June, July, August, or September. Such removal, and the costs of the proceedings under Expenses. this act shall be at the expense of and paid by the city or village in which such cemetery is located.-§ 4793. SALE OF CEMETERIES AND OTHER REAL ESTATE BY BOARDS OF HEALTH. Act No. 215, Laws of 1861, entitled, "An act to authorize boards of health to dispose of real estate," as amended by Act No. 152, Laws of 1877. estate by board 106. (1741.) SECTION 1. The People of the State of Michigan Sale of real enact, That any board of health of this State may sell and con- of health. vey any real estate, the fee of which is vested in them: Provided, That no real estate shall be sold by virtue of this act which is or has been in actual use as a cemetery or burial ground, unless the same shall be sold by an order of the circuit court upon the petition of the board of health of the township in which the burial ground is situated.—As amended by Act 152 of 1877.— $1687. FORWARDING DEAD BODIES FOR DISSECTION. ܙܪ Act No. 186, Laws of 1867, entitled, "An act to authorize dissection in certain cases, for the advancement of science,' as amended by Acts No. 113 of 1871, 138 of 1875, 16 of 1881, and 83 of 1885. and officers to bodies to the demonstrator of anatomy of the University. 107. (2110.) SECTION 1. Any member of either of the follow- Certain boards ing boards, and any of the following named officers or persons, deliver certain to wit: The board of health of any city, village, or township, the common council of any city, board of trustees of any village, any board, or officer having the direction, management, charge, or control in whole, or in part, of any prison, house of correction, work-house, jail, or lock-up, founded or supported in whole or in part at public expense, having in his or their possession or control, the dead body of any person not claimed by any relative or legal representative, or the county superintendent of the poor, keepers of poor-houses and alms-houses, any physician or other person in charge of any poor-house or alms-house or charitable institution, sheriff or coroners, having in his or their possession or control the dead body of any person not claimed by any relative, personal friend, or legal representative, as hereinafter provided, and which may be required to be buried at public expense, or the expense of any one of such public institutions, or the dead body of any convict who died in prison under sentence for murder or attempt to murder, shall deliver such dead body or bodies within thirty-six hours after death, or after he or they shall become possessed thereof, to the express or railway company Mode of at the nearest railway station, placed in a plain coffin, and en- sending. closed in a strong box, securely fastened, and plainly directed to theDemonstrator of Anatomy, of the University of Michigan, Ann Arbor, Michigan," excepting only the dead bodies of such persons as shall have died from some infectious disease. And Notice to consignee, etc. such boards, common councils, officers, or other persons making paid for body. Proviso. such shipment, shall take the usual shipping receipt for such package, and shall notify the consignee of such shipment, by letter, mailed on the day the package is so delivered as aforesaid, and shall also enclose in such letter, a statement giving, as nearly as can be ascertained, the name, age, residence, and cause of death of such deceased person, and the name and postoffice address of the known relative or relatives of such deceased person, whose body has been shipped as aforesaid; and also a statement of the costs and expenses which have been incurred in the procuring of the coffin, box, preparation of the body for shipAmount to be ment, and shipping the same, and upon the receipt of said consignment, the said demonstrator of anatomy of the University of Michigan, shall immediately forward to such officer, board, council, or institution or person, or persons making such shipment, or incurring such expenses, the amount thereof, not exceeding in any case the sum of fifteen dollars: Provided, Such dead body shall not be so shipped or delivered as aforesaid, if it shall be requested in good faith, for interment, by any relative before the same shall be shipped as aforesaid; and in case the dead body of any person so delivered or shipped as aforesaid, be subsequently claimed or demanded of said demonstrator of anatomy, or of any other person or institution, into whose possession, or under whose control it may have been placed, by virtue of the provisions of this law, by any relative or legal representative of such deceased person, for private interment, it shall be given up to such claimant, even after the same shall have been interred as hereinafter provided. Such bodies shall be used only for the purposes hereinafter mentioned, and shall then, in all cases, be interred in some suitable place kept for that purpose, and a correct record shall be kept of every such body; and all matters by which such body may be identified, coming to the knowledge of the person or officer at any time in charge of such bodies, shall be faithfully recorded at length in a book to be kept for such purposes, to the end that the same may be at any time traced and recovered by the friends and relatives of such deceased How bodies to be used and disposed of. Record of matters for identity. to relatives. Proviso, notice person. And provided further, That the institution, board, council, officer, or person aforesaid, in charge of any such body as aforesaid, shall, immediately after the death of such person, notify, if possible, by telegraph, or otherwise by letter, one or more of the nearest known relatives of such deceased person, of the death of such person; and in no case shall the body of any such deceased person be delivered or shipped as aforesaid, until after the expiration of twenty-four hours from death. And every individual, officer, or party violating any of the provisions of this section, shall be deemed guilty of a misdemeanor.-§ 2284.As amended by Act 83, Laws of 1885.* Penalty for violation of act. * Relative to this act the attorney general wrote as follows:-[At foot of page 33.] |