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Twenty-fifth, To see that the several officers of the village perform their duties faithfully and that proper measures are taken to punish neglect of duty on the part of any of such officers;

Twenty-sixth, To provide for the care, custody and preservation of the public property of the village;

Twenty-seventh, To adopt such other ordinances and make such other regulations for the safety and good government of the village and the general welfare of its inhabitants as are not inconsistent with the general laws of this State. Approved April 14, 1915.

[No. 58.]

AN ACT to provide for the incorporation of cremation companies and associations.

The People of the State of Michigan enact:

SECTION 1. Five or more persons, who shall, by articles Number of of agreement in writing, associate themselves according to incorporators. the provisions of this act, under any name assumed by them, for the purpose of providing the necessary appliances for the disposal by cremation of the bodies of the dead, and for the purpose of purchasing land for a crematorium or columbarium, or both, in this State, and for fencing, laying out, improving, establishing and maintaining said land, and who shall comply with sections two, three and four of this act, shall, with their successors and assigns, constitute a body Body politic. politic or corporate, under the name assumed by them in

their articles of association: Provided, however, That no two Proviso, name. corporations shall assume the same name.

SEC. 2. The articles of agreement of every corporation Articles of formed under the provisions of this act shall be signed by agreement. the persons associating in the first instance, and acknowledged before some person authorized by the laws of this State to take the acknowledgment of deeds, and shall state: 1. The object for which it is organized.

2. The amount of land which it owns or proposes to purchase, and the town and county in which the same is situated.

3. The amount of its capital stock and the number of shares into which the same shall be divided.

4. The name by which such corporation shall be known. 5. The names of those who shall constitute the first board of directors, and the name of the first treasurer.

What to state.

Certificate of organization.

6. The names of the subscribers to the articles of association, and the number of shares subscribed by each, toward the required capital.

7. The term of duration of such corporation, which shall not exceed thirty years.

SEC. 3. Within one week after the organization of any corporation organized under this act, the secretary shall make out a certificate of the organization of such corporation, giving the information referred to in section two, which certificate shall be signed by the president and secretary of such corporation, and shall forthwith record such certificate in the office of the Secretary of State and the clerk of the county in which the company or association organized under the provisions of this act is located. And the said Recording fee. Secretary of State and county clerk shall be each entitled to receive twenty cents a folio for recording the same.

Where recorded.

Power to acquire land.

Proviso, incumbrances.

Exemption from taxation.

SEC. 4. Such corporation shall have power to acquire by gift, devise or purchase, and hold in fee simple so much land as may be necessary and appropriate for its purposes: Provided, That no land thus held shall be in any way encumbered by such corporation.

SEC. 5. All the lands of said corporation enclosed and set apart for crematorium or columbarium purposes, and all the buildings erected thereon, used for such purposes as well as all rights of inurnment therein, shall be wholly exempt from taxation of any kind whatsoever except special assessProviso, stock ments for public improvements: Provided, That all stock owned by said stockholders shall be taxed in the manner provided by law.

taxable.

Mortgages,

etc., prohibited.

Annual meeting.

Board of directors.

SEC. 6. No mortgage or other lien or encumbrance, shall be executed upon the lands or buildings of such corporation actually used for the disposal of the dead as specified in the provisions of this act.

SEC. 7. The annual meeting of every such corporation shall be held on the second Monday of May in each year, unless some other day shall be fixed by the by-laws thereof, and in such case it shall be held upon the day so fixed. The participants at the initial annual meeting shall elect a board of directors of seven, of which three shall serve for one year and four for two years, their successors at subsequent anTerm of office. nual meetings being elected in each case for a period of two years. These directors shall hold office until their term expires and their successors shall be chosen, and shall transact such business relating to the affairs of the corporation as Right to vote. may properly come before them. At such meetings the owners of stock shall have the right to vote, either in person or by proxy, in proportion to the amount of stock held by them respectively, each owner thereof being entitled to one vote for each share of stock. Special meetings of any such corporation may be provided for by the by-laws thereof, and shall be held when called in accordance with such provision.

Special meetings.

SEC. 8. It shall be the duty of said board of directors to officers. choose from their own number a president and vice-president, and also to elect suitable persons as treasurer and secretary of such corporation, and from time to time to appoint a superintendent and such other subordinate officers as may be required by the by-laws.

directors.

SEC. 9. The board of directors shall have the general Powers of management of such corporation, and shall have the power: To purchase land for such company or association, but for no other purpose; to levy assessments upon the subscribers to the articles of association, not exceeding the amount severally subscribed by them payable at such times as the directors shall determine, and to enforce the collection thereof either by suit or forfeiture; to maintain and operate a crematorium or columbarium, or both, and to dispose of niches in the aforesaid urn-hall, fix the prices thereof and to guarantee to the owners of niches the perpetual maintenance and care of said columbarium. To invest the moneys received from incinerations or the sale of niches or both, and to prescribe, from time to time, the interest or dividends which shall be paid to holders of the stock of such corporation, subject to the restrictions hereinafter named.

SEC. 10. It shall be the duty of any company or as- Record of sociation incorporated under this act, to keep a record cremations. showing the name, age, and last place of residence of every person incinerated in the crematorium maintained by said corporation, as well as the number of the cremation permit and name of the officiating undertaker.

niches.

SEC. 11. Corporations organized under this act under this act and Record of operating a columbarium shall also keep a record of the owners of names and addresses of the owners of niches, as well as the numbers of the niches to which they hold title and names of deceased whose remains are inurned therein.

of grounds.

SEC. 12. It shall be the duty of such board of directors Improvement to lay out and embellish the grounds, and to see that they are well kept and in good condition.

of fund.

SEC. 13. One-half of the moneys received from the sale of Trust fund. niches shall be transferred to a trust fund until a sufficient amount has accumulated to insure the perpetual maintenance and care of the columbarium, in which case they may be diverted to the treasury of the corporation. Moneys re- Investment ceived for the trust fund shall only be invested in such securities as are considered legal investments for banks and trust companies in the State of Michigan. All interest re- Interest. ceived from such investments, however, shall be payable to the treasurer of the corporation and be used as aforesaid. Approved April 14, 1915.

Intent of act.

What highways may be improved.

Powers of county road

Expense of

[No. 59.]

AN ACT to provide for the construction and improvement of highways, to borrow money therefor, and the assessment and collection of taxes for the construction thereof, and to limit the sums of money to be paid by counties for highway purposes.

The People of the State of Michigan enact:

SECTION 1. This act is intended to provide an additional method for constructing and improving public highways, and to be in force where a portion of the cost of constructing or improving highways is paid by special assessment upon lands benefited thereby.

SEC. 2. Any highway not included within the corporate limits of any city or village in this State may be constructed or improved under the provisions of this act.

SEC. 3. The county road commissioners, under this act, commissioners. shall have all of the power for laying out, establishing, widening and straightening of highways that may be now or hereafter granted to them by any law of the State. The expense laying out, etc. for laying out and establishing, widening or straightening of any highway shall be deemed a part of the expense of any improvement made by the commissioners on such highway, under this act.

Application for improvement.

Eligibility

of signers.

Improvements, what to be.

SEC. 4. Whenever the owners of a majority of the frontage of lands fronting upon any highway or portion of a highway, not less than two miles in length, desire to improve such highway, they shall file application signed by them, to the county road commissioners of the county in which the proposed highway is to be improved. The eligibility of signers to such application shall be determined by their interest thereof of record in the office of the register of deeds or in the probate court of the county in which such lands are situated at the time such petition is filed.

SEC. 5. Improving a highway shall shall include grading, drainage, bridging, stoning, macadamizing, paving and making of cement, asphalt, bituminous products, or slag, gravel, or any material suitable for road purposes, or any combination of the same. Where a petition is presented for improvCommission- ing any highway the county road commissioners may adopt such kind of improvement as they shall deem best under the circumstances.

ers to adopt.

Liability

for costs.

Examination

of highway.

SEC. 6. The petitioners for such improvement shall be jointly and severally liable for the costs and expenses in case the proceedings therefor shall be dismissed for any cause, where the county road commissioners have incurred expenses because of such petition.

SEC. 7. Upon the filing of such application, the county road commissioners of the county in which such highway is

located shall proceed to examine the highway proposed to be improved, and if they deem the proposed improvement necessary, shall cause a survey thereof, and specifications to be Survey, specifications made of the kind of improvement suitable for the highway, and estimates. and estimates of the costs thereof to be filed with them, by a competent engineer. The said commissioners shall also cause a plat to be made of said highway and of the lands Plat. that may be benefited by the proposed improvement.

drains and

SEC. 8. All bridges, road drains and culverts shall be Bridges, deemed a necessary part of any proposed improvement, and culverts. the cost and expense thereof shall be included in the special assessment rolls for such improvement.

termination.

may be

SEC. 9. If, after such survey and specifications and esti- Order of demates of costs have been filed with them, the county road commissioners shall be of the opinion that the proposed improvement is necessary for the benefit of the public and is for the benefit of the public welfare and convenience, they shall make their first order of determination, attaching a copy of the specifications to such order. These specifica- Specifications tions shall not be final, but may be changed by the county changed. road commissioners at any time before the final order is made, but not after the hearing of objections hereinafter provided for, without further notice. The county road commis- Assessment sioners shall also attach to such order, either a description of the boundaries of the proposed assessment district, or a description of the several parcels of land which may be liable to assessment for the benefits on account of the proposed improvement.

districts.

to be heard.

of district.

SEC. 10. The county road commissioners shall hear ob- Objections jections to the proposed improvement at a time and place to be fixed by them at some place within the proposed special assessment district, along the line of the road to be improved. Such notice shall set forth a description of the boundaries of Boundaries the proposed special assessment district or the several parcels of land proposed to be assessed on account of such improvement, and the time and place of hearing. At this hear- Hearing. ing all parties or persons interested, are required to present their objections, if any, to the proposed improvement. Notice Notice of of this hearing shall be given by the county road commis- hearing. sioners at least ten days prior to such hearing, by causing a notice thereof to be published at least once in each week for two weeks in succession in some newspaper published and of general circulation in such county, and by posting five notices in each township traversed by the proposed improvement and within the proposed special assessment district, in public and conspicuous places therein. At this hearing, the Changes in specifications. county road commissioners shall make any changes in the specifications deemed advisable by them, provided such changes do not increase the estimates more than ten per cent. If they do increase the estimates more than ten per cent, then a new hearing shall be had and notice thereof giv. New hearing. en, as in the first instance,

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