reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 456 - Cemetery Associations › Act 87 of 1855 - Cemetery Corporations (456.1 - 456.36) › Section 456.27 - Duties of Officers Defined by By-Laws.

456.27 Duties of officers defined by by-laws.
Sec. 27.
The powers and duties of all officers holding office under any corporation organized under this act, shall be defined by the by-laws of such corporation, except so far as they are defined in this act.
History:
1855, Act 87, Imd. Eff. Feb. 12, 1855 ;-- CL 1857, 1743 ;-- CL 1871, 3400 ;-- How. 4754 ;-- CL 1897, 8388 ;-- CL 1915, 11148 ;-- CL 1929, 10427 ;-- CL 1948, 456.27
2023 Michigan Compiled Laws › Chapter 456 - Cemetery Associations › Act 87 of 1855 - Cemetery Corporations (456.1 - 456.36) › Section 456.28 - Treasurer; Duties.

456.28 Treasurer; duties.
Sec. 28.
It shall be the duty of the treasurer of any corporation organized under this act, to receive and safely keep all moneys belonging to such corporation, and pay them out on the order of the clerk, countersigned by the president of such corporation.
History:
1855, Act 87, Imd. Eff. Feb. 12, 1855 ;-- CL 1857, 1744 ;-- CL 1871, 3401 ;-- How. 4755 ;-- CL 1897, 8389 ;-- CL 1915, 11149 ;-- CL 1929, 10428 ;-- CL 1948, 456.28
2023 Michigan Compiled Laws › Chapter 456 - Cemetery Associations › Act 87 of 1855 - Cemetery Corporations (456.1 - 456.36) › Section 456.29 - Records of Rights of Burial; Form.

456.29 Records of rights of burial; form.
Sec. 29.
A record shall be kept by each corporation organized under this act, of the rights of burial disposed of by such corporation, in the following form:
No. The .......... for .........., to them paid by .........., of .........., hereby grant unto .......... right of burial in their grounds, and embracing in reference to this map, .........., subject, nevertheless, to assessment and forfeiture, as provided by law.
Dated, .................... 18..... .
Countersigned, .........., President. .......... Clerk.
History:
1855, Act 87, Imd. Eff. Feb. 12, 1855 ;-- CL 1857, 1745 ;-- CL 1871, 3402 ;-- How. 4756 ;-- CL 1897, 8390 ;-- CL 1915, 11150 ;-- CL 1929, 10429 ;-- CL 1948, 456.29
2023 Michigan Compiled Laws › Chapter 456 - Cemetery Associations › Act 87 of 1855 - Cemetery Corporations (456.1 - 456.36) › Section 456.30 - Records of Rights of Burial; Bound Blanks, Index.

456.30 Records of rights of burial; bound blanks, index.
Sec. 30.
It shall be the duty of every corporation organized under this act, to procure a sufficient number of blanks of the form above prescribed, bound in convenient form, with an index in which shall be entered alphabetically the names of the purchasers of rights of burial in the grounds of such corporation.
History:
1855, Act 87, Imd. Eff. Feb. 12, 1855 ;-- CL 1857, 1746 ;-- CL 1871, 3403 ;-- How. 4757 ;-- CL 1897, 8391 ;-- CL 1915, 11151 ;-- CL 1929, 10430 ;-- CL 1948, 456.30
2023 Michigan Compiled Laws › Chapter 456 - Cemetery Associations › Act 87 of 1855 - Cemetery Corporations (456.1 - 456.36) › Section 456.31 - Price of Lots or Rights of Burial.

456.31 Price of lots or rights of burial.
Sec. 31.
The price of lots or rights of burial in any grounds belonging to such corporation may be, from time to time, determined and fixed by a 2/3 vote of the board of trustees.
History:
1855, Act 87, Imd. Eff. Feb. 12, 1855 ;-- CL 1857, 1747 ;-- CL 1871, 3404 ;-- Am. 1881, Act 39, Imd. Eff. Mar. 18, 1881 ;-- How. 4758 ;-- CL 1897, 8392 ;-- CL 1915, 11152 ;-- CL 1929, 10431 ;-- CL 1948, 456.31
2023 Michigan Compiled Laws › Chapter 456 - Cemetery Associations › Act 87 of 1855 - Cemetery Corporations (456.1 - 456.36) › Section 456.32 - Price of Lots or Rights of Burial; Payment Receipt.

456.32 Price of lots or rights of burial; payment receipt.
Sec. 32.
Upon payment to the treasurer of any corporation organized under this act, the price of any right of burial determined as above, it shall be the duty of such treasurer to give to the purchaser a receipt therefor, which receipt shall accurately describe the premises on which payment has been made.
History:
1855, Act 87, Imd. Eff. Feb. 12, 1855 ;-- CL 1857, 1748 ;-- CL 1871, 3405 ;-- How. 4759 ;-- CL 1897, 8393 ;-- CL 1915, 11153 ;-- CL 1929, 10432 ;-- CL 1948, 456.32
2023 Michigan Compiled Laws › Chapter 456 - Cemetery Associations › Act 87 of 1855 - Cemetery Corporations (456.1 - 456.36) › Section 456.33 - Certificate of Right of Burial.

456.33 Certificate of right of burial.
Sec. 33.
Upon presenting to the clerk of any corporation organized under this act, a receipt from the treasurer thereof, in the form prescribed in the next preceding section of this act, it shall be the duty of such clerk to issue a certificate of right of burial, signed by such clerk and countersigned by the president of such corporation, in the form prescribed in the twenty-ninth section of this act.
History:
1855, Act 87, Imd. Eff. Feb. 12, 1855 ;-- CL 1857, 1749 ;-- CL 1871, 3406 ;-- How. 4760 ;-- CL 1897, 8394 ;-- CL 1915, 11154 ;-- CL 1929, 10433 ;-- CL 1948, 456.33
2023 Michigan Compiled Laws › Chapter 456 - Cemetery Associations › Act 87 of 1855 - Cemetery Corporations (456.1 - 456.36) › Section 456.34 - Potter's Field.

456.34 Potter's field.
Sec. 34.
Any corporation organized under this act, shall have power to set off a part of their burial ground as a potter's field, and under proper regulations permit the dead to be buried therein.
History:
1855, Act 87, Imd. Eff. Feb. 12, 1855 ;-- CL 1857, 1750 ;-- CL 1871, 3407 ;-- How. 4761 ;-- CL 1897, 8395 ;-- CL 1915, 11155 ;-- CL 1929, 10434 ;-- CL 1948, 456.34
2023 Michigan Compiled Laws › Chapter 456 - Cemetery Associations › Act 87 of 1855 - Cemetery Corporations (456.1 - 456.36) › Section 456.34a - Witness Fee; Prohibition.

456.34a Witness fee; prohibition.
Sec. 34a.
A corporation organized under this act shall not charge a fee for witnessing the lowering of a casket into the ground.
History:
Add. 1996, Act 111, Imd. Eff. Mar. 5, 1996
2023 Michigan Compiled Laws › Chapter 456 - Cemetery Associations › Act 87 of 1855 - Cemetery Corporations (456.1 - 456.36) › Section 456.35, 456.35a - Repealed. 2008, Act 478, Imd. Eff. Jan. 12, 2009.

456.35, 456.35a Repealed. 2008, Act 478, Imd. Eff. Jan. 12, 2009.
Compiler's Notes:
The repealed sections pertained to creation, use, and investment of endownment care funds.
2023 Michigan Compiled Laws › Chapter 456 - Cemetery Associations › Act 87 of 1855 - Cemetery Corporations (456.1 - 456.36) › Section 456.35b - Endowment Care Fund; Exemption From Care Fund Requirements.

456.35b Endowment care fund; exemption from care fund requirements.
Sec. 35b.
Earth interment cemeteries of 10 acres or less in size which are owned and operated exclusively by nonprofit entities existing prior to March 10, 1967 and in which burials have taken place prior to such date, shall be exempt from the care fund requirements of sections 35 and 35a, except that reports shall be made as required by such sections if the cemetery owners maintain care or memorial funds.
History:
Add. 1968, Act 254, Imd. Eff. July 1, 1968
2023 Michigan Compiled Laws › Chapter 456 - Cemetery Associations › Act 87 of 1855 - Cemetery Corporations (456.1 - 456.36) › Section 456.36 - Additional Land; Taxation; Conveyance.

456.36 Additional land; taxation; conveyance.
Sec. 36.
Any corporation organized or to be organized under this act may own and hold land heretofore or hereafter acquired for additional burial grounds and such other land heretofore or hereafter acquired as may be needed for the convenient or proper operation of its burial grounds. Land heretofore or hereafter acquired by said corporation and not being a part of its burial grounds shall not be exempt from taxation. Any corporation organized under this act shall not convey any part or portions of land owned by it if such land is part of the plan or design of the cemetery adopted and recorded as provided in section 17 of this act or secured for the purpose of becoming part of such plan or design unless at least $5,000.00 for each acre so conveyed is allocated to the improvement or memorial fund provided for by section 35 of this act.
History:
Add. 1897, Act 75, Eff. Aug. 30, 1897 ;-- CL 1897, 8397 ;-- CL 1915, 11157 ;-- CL 1929, 10436 ;-- CL 1948, 456.36 ;-- Am. 1964, Act 53, Eff. Aug. 28, 1964
2023 Michigan Compiled Laws › Chapter 456 - Cemetery Associations › Act 185 of 1929 - Cemetery Corporations; Extension of Corporate Life (456.51 - 456.52) › Section 456.52 - Extension of Term of Existence of Corporation.

456.52 Extension of term of existence of corporation.
Sec. 2.
It shall be lawful for any corporation heretofore reorganized or hereafter reorganized under the provisions of this act, to amend its articles of reorganization from time to time as to the extension of the term of existence of such corporation, at a special meeting of the trustees of said corporation called for that purpose, to direct by resolution the extension of its corporate existence, which resolution shall express such extension to be in perpetuity or the date of the commencement and termination of said term. Such special meeting shall be called and notice thereof given in the same manner as is provided in section 1 of this act for the calling and giving of notice of the special meeting mentioned in said section. Upon the adoption of such resolution, which shall have the concurrence of 2/3 of such trustees, it shall be the duty of the president and clerk of such corporation or association, together with a sufficient number of the other trustees to make 2/3 of a full board of trustees, to make, sign, and acknowledge in duplicate amended articles of reorganization, in which shall be set forth the name, the object, and the number and names of the trustees of the corporation; and which shall further set forth that the purpose of the reorganization is to hold, keep, and retain the corporate name and continue the existence of the corporation in perpetuity or for a specified term when its pending term shall have expired. One of such duplicate articles of reorganization shall be filed in the corporation and securities bureau of the department of commerce. The other duplicate shall be kept by said corporation or association. Either of said duplicate articles or a certified copy of the record of the same shall be prima facie evidence of the facts therein recited and of the validity and existence of said corporation or association. The corporation whose term of existence is so extended shall be a corporation to all intents and purposes, having all the powers and being subject to all the restrictions of corporations originally organized under Act No. 87 of the Public Acts of 1855, as amended, and the same shall succeed to, own, and hold all the property or rights of action held, owned, or had by the corporation or association, whose term of existence is so extended, prior to the extension of its existence, and shall be liable for all its debts, liabilities, and obligations.
History:
1929, Act 185, Eff. Aug. 28, 1929 ;-- CL 1929, 10438 ;-- CL 1948, 456.52 ;-- Am. 1982, Act 108, Imd. Eff. Apr. 19, 1982
2023 Michigan Compiled Laws › Chapter 456 - Cemetery Associations › Act 12 of 1869 - Rural Cemetery Corporations (456.101 - 456.119) › Section 456.101 - Cemetery Corporations; Incorporators, Name.

456.101 Cemetery corporations; incorporators, name.
Sec. 1.
That any number of persons not less than 10, who shall by articles of agreement in writing, associate themselves according to the provisions of this act, under any name assumed by them, for the purpose of purchasing land for a cemetery in this state, and for fencing, laying out, improving, maintaining and establishing the same and who shall comply with sections 2 and 3 of this act, shall, with their successors and assigns, constitute a body politic or corporate, under the name assumed by them in their articles of association: Provided, however, That no 2 corporations shall assume the same name.
History:
1869, Act 12, Imd. Eff. Feb. 19, 1869 ;-- CL 1871, 3408 ;-- How. 4763 ;-- CL 1897, 8399 ;-- CL 1915, 11160 ;-- CL 1929, 10440 ;-- CL 1948, 456.101
2023 Michigan Compiled Laws › Chapter 456 - Cemetery Associations › Act 12 of 1869 - Rural Cemetery Corporations (456.101 - 456.119) › Section 456.102 - Articles; Signing, Acknowledgment, Contents.

456.102 Articles; signing, acknowledgment, contents.
Sec. 2.
The articles of agreement of every such association shall be signed by 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—
1st The amount of land which it is proposed to purchase for such cemetery, and the town and county in which it is situated.—
2nd The amount of capital which it is estimated will be required to make such purchase, and to fence and improve the grounds, and the number of shares into which the same shall be divided.—
3rd The name by which such corporation shall be known.—
4th The number of persons who shall constitute the board of directors, being not less than 5 nor more than 13.—
5th The names of those who shall constitute the first board of directors, and the name of the first treasurer.—
6th The names of the subscribers to the articles of association, and the number of shares subscribed by each, towards the required capital.—
7th The term of duration of such corporation, which shall not exceed 30 years.
History:
1869, Act 12, Imd. Eff. Feb. 19, 1869 ;-- CL 1871, 3409 ;-- How. 4764 ;-- CL 1897, 8400 ;-- CL 1915, 11161 ;-- CL 1929, 10441 ;-- CL 1948, 456.102
2023 Michigan Compiled Laws › Chapter 456 - Cemetery Associations › Act 12 of 1869 - Rural Cemetery Corporations (456.101 - 456.119) › Section 456.103 - Payment by Subscribers to Articles of Association.

456.103 Payment by subscribers to articles of association.
Sec. 3.
The subscribers to such articles of association, shall at the time of subscription thereto, severally pay to the treasurer named therein at least 20 per cent of the amount subscribed by each, and when the whole amount of capital mentioned in said articles shall be subscribed and said portion thereof actually paid in, the directors shall cause a copy of their articles of association, together with an affidavit of such treasurer that 20 per cent of the amount of capital subscribed has actually been paid in, to be filed in the corporation and securities bureau of the department of commerce.
History:
1869, Act 12, Imd. Eff. Feb. 19, 1869 ;-- CL 1871, 3410 ;-- Am. 1875, Act 219, Imd. Eff. May 3, 1875 ;-- How. 4765 ;-- CL 1897, 8401 ;-- CL 1915, 11162 ;-- CL 1929, 10442 ;-- CL 1948, 456.103 ;-- Am. 1953, Act 167, Eff. Oct. 2, 1953 ;-- Am. 1982, Act 110, Imd. Eff. Apr. 19, 1982
2023 Michigan Compiled Laws › Chapter 456 - Cemetery Associations › Act 12 of 1869 - Rural Cemetery Corporations (456.101 - 456.119) › Section 456.104 - Annual Meeting; Election of Board of Directors; Right to Vote; Special Meetings.

456.104 Annual meeting; election of board of directors; right to vote; special meetings.
Sec. 4.
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. Such meeting shall elect a board of directors, who shall serve for the ensuing year, and until their successors shall be chosen, and transact such other business of the corporation, as may properly come before it. At such meeting the owners of scrip, hereinafter provided for, shall have the right to vote, either in person or by proxy, in proportion to the amount of scrip held by them respectively, each owner thereof being entitled to 1 vote for each 10 dollars of scrip. 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.
History:
1869, Act 12, Imd. Eff. Feb. 19, 1869 ;-- CL 1871, 3411 ;-- How. 4766 ;-- CL 1897, 8402 ;-- Am. 1899, Act 126, Imd. Eff. June 15, 1899 ;-- CL 1915, 11163 ;-- CL 1929, 10443 ;-- CL 1948, 456.104
2023 Michigan Compiled Laws › Chapter 456 - Cemetery Associations › Act 12 of 1869 - Rural Cemetery Corporations (456.101 - 456.119) › Section 456.105 - Board of Directors; Selection of Officers.

456.105 Board of directors; selection of officers.
Sec. 5.
It shall be the duty of said board of directors to 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.
History:
1869, Act 12, Imd. Eff. Feb. 19, 1869 ;-- CL 1871, 3412 ;-- How. 4767 ;-- CL 1897, 8403 ;-- CL 1915, 11164 ;-- CL 1929, 10444 ;-- CL 1948, 456.105
2023 Michigan Compiled Laws › Chapter 456 - Cemetery Associations › Act 12 of 1869 - Rural Cemetery Corporations (456.101 - 456.119) › Section 456.106 - Board of Directors; Powers.

456.106 Board of directors; powers.
Sec. 6.
The board of directors shall have the general management of such corporation and shall have the power,—
To purchase land for the use of such association, but for no other purpose, and not exceeding in all 300 acres;
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 cause to be prepared a plan or design for laying out such lands so purchased by them for cemetery purposes; and when such plan or design is adopted by them, it shall be their duty to cause the same to be recorded in a book to be kept by them for that purpose, and it shall not thereafter be altered or modified, unless by a 2/3 vote of all the directors, after a special notice of such proposed change shall have been given, and after said proposition shall have been submitted in writing to the board at a meeting thereof, to be held prior to the one at which the vote upon such proposed change shall be taken; Provided, That no such alteration shall be made which shall interfere with rights of burial already granted;
To dispose of rights of burial, fix the prices thereof, make conditions in relation to burials within the cemetery grounds, and guarantee to grantees of burial rights the care and preservation of the grounds;
To establish such rules and regulations for the control and management of the grounds and all matters and things incident thereto, as they shall deem for the best interests of the corporation;
To sell any part or portion of the lands owned by such corporation, in case the same shall not be occupied or required for burial purposes, or for the uses of such cemetery;
To invest the moneys received from the sale of burial rights, and to prescribe, from time to time the interest or dividends which shall be paid to holders of the scrip of such corporation, subject to the restrictions hereinafter named.
History:
1869, Act 12, Imd. Eff. Feb. 19, 1869 ;-- CL 1871, 3413 ;-- How. 4768 ;-- CL 1897, 8404 ;-- CL 1915, 11165 ;-- CL 1929, 10445 ;-- CL 1948, 456.106
2023 Michigan Compiled Laws › Chapter 456 - Cemetery Associations › Act 12 of 1869 - Rural Cemetery Corporations (456.101 - 456.119) › Section 456.106a - Conveyance of Land.

456.106a Conveyance of land.
Sec. 6a.
The corporation shall not convey any part or portions of land owned by it if the land is part of the plan or design of the cemetery adopted and recorded as provided in section 6 unless at least $5,000.00 for each acre so conveyed is allocated to the irrevocable endowment fund established in section 7 of this act.
History:
Add. 1964, Act 54, Eff. Aug. 28, 1964
2023 Michigan Compiled Laws › Chapter 456 - Cemetery Associations › Act 12 of 1869 - Rural Cemetery Corporations (456.101 - 456.119) › Section 456.107, 456.107a - Repealed. 2008, Act 478, Imd. Eff. Jan. 12, 2009.

456.107, 456.107a Repealed. 2008, Act 478, Imd. Eff. Jan. 12, 2009.
Compiler's Notes:
The repealed sections pertained to appointment and duties of board of directors and requirements for setting aside endowment care funds.
2023 Michigan Compiled Laws › Chapter 456 - Cemetery Associations › Act 12 of 1869 - Rural Cemetery Corporations (456.101 - 456.119) › Section 456.108 - Tax Exemption.

456.108 Tax exemption.
Sec. 8.
All the lands of said corporation enclosed and set apart for cemetery purposes, and all rights of burial therein, shall be wholly exempt from taxation of any kind whatsoever.
History:
1869, Act 12, Imd. Eff. Feb. 19, 1869 ;-- CL 1871, 3415 ;-- How. 4770 ;-- CL 1897, 8406 ;-- CL 1915, 11167 ;-- CL 1929, 10447 ;-- CL 1948, 456.108
2023 Michigan Compiled Laws › Chapter 456 - Cemetery Associations › Act 12 of 1869 - Rural Cemetery Corporations (456.101 - 456.119) › Section 456.109 - Burial Rights; Granting in Lands Subject to Lien or Tax Delinquent Lands Prohibited.

456.109 Burial rights; granting in lands subject to lien or tax delinquent lands prohibited.
Sec. 9.
No mortgage, or other lien or incumbrance, shall be executed upon any of the lands of such corporation, actually used for burial purposes, and no rights of burial upon any mortgaged lands of such corporation, lands which are delinquent for taxes or special assessments or lands to which such corporation does not have title in fee, shall at any time be granted or sold by it.
History:
1869, Act 12, Imd. Eff. Feb. 19, 1869 ;-- CL 1871, 3416 ;-- How. 4771 ;-- CL 1897, 8407 ;-- CL 1915, 11168 ;-- CL 1929, 10448 ;-- Am. 1941, Act 169, Eff. Jan. 10, 1942 ;-- CL 1948, 456.109
2023 Michigan Compiled Laws › Chapter 456 - Cemetery Associations › Act 12 of 1869 - Rural Cemetery Corporations (456.101 - 456.119) › Section 456.110 - Highways, Sewers or Other Public Thoroughfares Through Grounds; Right to Purchase Additional Property.

456.110 Highways, sewers or other public thoroughfares through grounds; right to purchase additional property.
Sec. 10.
No streets, highways, railways, sewers or canals shall be opened or constructed through the grounds of such corporation, without the assent of the board of directors, granted at a meeting of such board, called for the purpose of considering the propriety of granting such assent: Provided, That such assent shall not be required when lands owned, used or controlled by said corporation are taken under condemnation proceedings by the state, or any county, city or village for the purpose of widening an established street or highway: Provided further, That any such corporation whose property has been so condemned, shall have the right to purchase additional property for cemetery purposes within the corporate limits of any such village or city.
History:
1869, Act 12, Imd. Eff. Feb. 19, 1869 ;-- CL 1871, 3417 ;-- How. 4772 ;-- CL 1897, 8408 ;-- CL 1915, 11169 ;-- Am. 1921, Act 177, Eff. Aug. 18, 1921 ;-- Am. 1925, Act 32, Eff. Aug. 27, 1925 ;-- CL 1929, 10449 ;-- CL 1948, 456.110
2023 Michigan Compiled Laws › Chapter 456 - Cemetery Associations › Act 12 of 1869 - Rural Cemetery Corporations (456.101 - 456.119) › Section 456.111 - Saloons and Amusements Prohibited.

456.111 Saloons and amusements prohibited.
Sec. 11.
After any such corporation shall have been formed, and their cemetery site shall have been purchased, no saloon or place of entertainment shall thereafter be set up or established for the sale of intoxicating drinks, and no sporting festival shall be held within 1/4 of a mile of the entrance to the grounds of such corporation.
History:
1869, Act 12, Imd. Eff. Feb. 19, 1869 ;-- CL 1871, 3418 ;-- How. 4773 ;-- CL 1897, 8409 ;-- CL 1915, 11170 ;-- CL 1929, 10450 ;-- CL 1948, 456.111
2023 Michigan Compiled Laws › Chapter 456 - Cemetery Associations › Act 12 of 1869 - Rural Cemetery Corporations (456.101 - 456.119) › Section 456.112 - Burial Rights; Transfer, Rights of Surviving Spouse and Next of Kin.

456.112 Burial rights; transfer, rights of surviving spouse and next of kin.
Sec. 12.
All rights of burial granted by such corporation shall be transferable and as fully alienable as any other personal property in this state, subject only to such conditions in reference thereto as shall be prescribed by the board of directors and subject to rights of the surviving spouse and next of kin now existing at law or in equity as to any individual burial space or grave in which there is an actual interment.
History:
1869, Act 12, Imd. Eff. Feb. 19, 1869 ;-- CL 1871, 3419 ;-- How. 4774 ;-- CL 1897, 8410 ;-- CL 1915, 11171 ;-- CL 1929, 10451 ;-- CL 1948, 456.112 ;-- Am. 1956, Act 207, Eff. Aug. 11, 1956
2023 Michigan Compiled Laws › Chapter 456 - Cemetery Associations › Act 12 of 1869 - Rural Cemetery Corporations (456.101 - 456.119) › Section 456.113 - Repealed. 1977, Act 67, Imd. Eff. July 20, 1977.

456.113 Repealed. 1977, Act 67, Imd. Eff. July 20, 1977.
Compiler's Notes:
The repealed section pertained to arrests by employees of cemetery corporation.
2023 Michigan Compiled Laws › Chapter 456 - Cemetery Associations › Act 12 of 1869 - Rural Cemetery Corporations (456.101 - 456.119) › Section 456.114 - Use of Firearms in Cemetery; Entering Over Fence; Penalty.

456.114 Use of firearms in cemetery; entering over fence; penalty.
Sec. 14.
No person shall use firearms upon the 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 any of the provisions of this section shall be punished by a fine not exceeding 50 dollars or by imprisonment not exceeding 3 months, or by both, in the discretion of the court.
History:
1869, Act 12, Imd. Eff. Feb. 19, 1869 ;-- CL 1871, 3421 ;-- Am. 1875, Act 218, Eff. Aug. 3, 1875 ;-- How. 4776 ;-- CL 1897, 8412 ;-- CL 1915, 11173 ;-- CL 1929, 10453 ;-- CL 1948, 456.114
2023 Michigan Compiled Laws › Chapter 456 - Cemetery Associations › Act 12 of 1869 - Rural Cemetery Corporations (456.101 - 456.119) › Section 456.114a - Witness Fee; Prohibition.

456.114a Witness fee; prohibition.
Sec. 14a.
A corporation established under the provisions of this act shall not charge a fee for witnessing the lowering of a casket into the ground.
History:
Add. 1996, Act 110, Imd. Eff. Mar. 5, 1996
2023 Michigan Compiled Laws › Chapter 456 - Cemetery Associations › Act 12 of 1869 - Rural Cemetery Corporations (456.101 - 456.119) › Section 456.115 - Perpetual Care Fund; Receipts; Investment; Bond; Account.

456.115 Perpetual care fund; receipts; investment; bond; account.
Sec. 15.
All corporations established under the provisions of this act may receive and hold any grant, donation or bequest made to them for the purpose of perpetually caring for and maintaining the lots of said donors, and may apply the income thereof under the direction of the board of directors for the improvement, embellishment and care of the ground, and the different lots, tombs and monuments. Such funds so received by grant, donation or bequest shall be kept in a separate fund and shall constitute a perpetual care or repair fund, the income of which shall be devoted to the perpetual keeping of the lots, monuments, markers and tombs of the donors in order. Such funds shall be held in trust and the principal shall not be encroached upon or the income be used for any purpose except that to which it is devoted. Any and all funds received by grant, donation or bequest by any corporation or association formed under the provisions of this act shall be invested by the board of directors in any of the investments authorized in section 7 hereof. From this fund so created there shall be drawn annually and credited to each donor, such an amount of the total income as the amount donated by the donor bears to the income of the entire amount contributed for the purposes of this section. The treasurer of every association or corporation formed under the provisions of this act, shall furnish annually to the board of directors a bond in double the amount of all moneys received under the provisions of this section, which bond shall provide for the safekeeping of all money, bonds, mortgages or securities, that the said treasurer shall render an account annually of all moneys received by him under the provisions hereof and pay and deliver all moneys, bonds and securities to his successor in office, said bond to be approved by a majority vote of and members-elect of the board of directors.
History:
Add. 1903, Act 209, Eff. Sept. 17, 1903 ;-- CL 1915, 11175 ;-- CL 1929, 10455 ;-- Am. 1941, Act 330, Eff. Jan. 10, 1942 ;-- CL 1948, 456.115
2023 Michigan Compiled Laws › Chapter 456 - Cemetery Associations › Act 12 of 1869 - Rural Cemetery Corporations (456.101 - 456.119) › Section 456.116 - Non-Profit Corporation.

456.116 Non-profit corporation.
Sec. 16.
Any corporation organized under this act may, by suitable provision in its articles of association, or by suitable amendment thereto filed in the same manner as required hereunder for the filing of the articles of association, provide that it is a non-profit corporation and may operate and conduct business as such.
History:
Add. 1953, Act 167, Eff. Oct. 2, 1953
Former Law:
See section 16 of Act 12 of 1869 and section 16 of Act 215 of 1929.
2023 Michigan Compiled Laws › Chapter 456 - Cemetery Associations › Act 12 of 1869 - Rural Cemetery Corporations (456.101 - 456.119) › Section 456.117 - Charter Not Deemed Forfeited; Filing Articles; Affidavit, Report.

456.117 Charter not deemed forfeited; filing articles; affidavit, report.
Sec. 17.
Notwithstanding the provisions of any other laws, the charter of any corporation organized under this act shall not be deemed to be forfeited and the existence of such corporation shall not be deemed to be terminated because of its failure to file annual reports with any state official and/or to pay annual fees as required by any law of this state, provided that prior to July 1, 1954, such corporation shall file, or cause to be filed, with the corporation and securities commission true copies of its articles of association, any amendments thereto, and the affidavit of its treasurer, as required by section 3 hereof, duly authenticated by the clerk of the county in which such instruments were filed, and shall file therewith an affidavit of 1 of its officers setting forth that it has continued to exist and function as a corporation since its organization under the provisions of this act, and shall also file therewith the current annual report and pay such fee as is required by law, and thereafter such corporation shall file all annual reports and pay such fees as shall be required by any applicable law.
History:
Add. 1953, Act 167, Eff. Oct. 2, 1953
Compiler's Notes:
Original section 17 of Act 12 of 1869, which attempted to confer the power of eminent domain, was held unconstitutional in Portage Township Board of Health v. Van Hoesen, 87 Mich. 533, 535 N.W. 894 (1891).
2023 Michigan Compiled Laws › Chapter 456 - Cemetery Associations › Act 12 of 1869 - Rural Cemetery Corporations (456.101 - 456.119) › Section 456.118 - Corporate Name.

456.118 Corporate name.
Sec. 18.
Prior to the filing by any corporation, in accordance with section 17, of the instruments thereby required with the corporation and securities commission, the corporation shall ascertain from the commission whether its corporate name is in conflict with that of any other corporation whose articles of association or articles of incorporation have previously been filed with the commission. If, in the judgment of the commission, there shall be a conflict in corporate names, then the corporation filing under the provisions of the section shall amend its name by adding thereto the name of the locality in which it is organized or operating, or in such other manner as shall be approved by the corporation and securities commission to distinguish it from any corporation whose articles have previously been filed as aforesaid.
History:
Add. 1953, Act 167, Eff. Oct. 2, 1953
Compiler's Notes:
Original section 18 of Act 12 of 1869, which attempted to confer the power of eminent domain, was held unconstitutional in Portage Township Board of Health v. Van Hoesen, 87 Mich. 533, 535 N.W. 894 (1891).
2023 Michigan Compiled Laws › Chapter 456 - Cemetery Associations › Act 12 of 1869 - Rural Cemetery Corporations (456.101 - 456.119) › Section 456.119 - List of Corporations; Compilation; Forwarding to Corporation and Securities Commission.

456.119 List of corporations; compilation; forwarding to corporation and securities commission.
Sec. 19.
Upon instructions from the corporation and securities commission, every county clerk shall forthwith compile a list of corporations whose articles have been filed in his office in accordance with the provisions of this act, and shall forthwith forward such list, together with the last known address of the corporations, to the corporation and securities commission, which shall forthwith notify every such corporation of the provisions and requirements of this act, as amended, by mailing such notice addressed to the corporation at its last known address as given by the county clerk.
History:
Add. 1953, Act 167, Eff. Oct. 2, 1953
Compiler's Notes:
Original section 19 of Act 12 of 1869, which attempted to confer the power of eminent domain, was held unconstitutional in Portage Township Board of Health v. Van Hoesen, 87 Mich. 533, 535 N.W. 894 (1891).
2023 Michigan Compiled Laws › Chapter 456 - Cemetery Associations › Act 10 of 1927 - Cemetery Corporations; Transfer of Rights to Municipal Corporation (456.181 - 456.184) › Section 456.181 - Cemetery Corporations; Sale to Municipal Corporation; Definitions.

456.181 Cemetery corporations; sale to municipal corporation; definitions.
Sec. 1.
(1) A legal entity organized under any law of this state for the purpose of establishing or maintaining a cemetery may sell, assign, transfer, or convey to any municipal corporation in which the cemetery is located or to any municipal corporation within 10 miles of the municipal corporation in which that cemetery is located all or any part of its assets, rights, franchises, and liabilities. The sale, assignment, transfer, or conveyance may also be as a result of the disposition of the cemetery and its assets and liabilities under a receivership or conservatorship action under section 9 of the cemetery regulation act, 1968 PA 251, MCL 456.529.
(2) The sale, assignment, transfer, or conveyance under subsection (1) may be according to terms as are ordered or mutually agreed upon, under either of the following circumstances:
(a) The owner, partner, or a majority of the owners, stockholders, partners, or members of the stock or other evidence of ownership or control issued by the legal entity present and voting at a special meeting called for that purpose.
(b) Pursuant to an order of a court of competent jurisdiction as described in subsection (1).
(3) As used in this act:
(a) “Legal entity” means a sole proprietorship, partnership, corporation, limited liability company, or any other entity.
(b) “Municipal corporation” means a county, township, city, or village.
History:
1927, Act 10, Eff. Sept. 5, 1927 ;-- CL 1929, 10458 ;-- Am. 1933, Act 185, Eff. Oct. 17, 1933 ;-- Am. 1945, Act 345, Eff. Sept. 6, 1945 ;-- Am. 1947, Act 268, Imd. Eff. June 27, 1947 ;-- CL 1948, 456.181 ;-- Am. 2002, Act 551, Imd. Eff. July 26, 2002
2023 Michigan Compiled Laws › Chapter 456 - Cemetery Associations › Act 10 of 1927 - Cemetery Corporations; Transfer of Rights to Municipal Corporation (456.181 - 456.184) › Section 456.182 - Resolution of Directors; Special Meeting; Transfer of Cemetery to Municipal Corporation.

456.182 Resolution of directors; special meeting; transfer of cemetery to municipal corporation.
Sec. 2.
(1) Except as otherwise provided in subsection (2), the governing board of the legal entity, as applicable, may at a regular meeting pass a resolution containing the substance of the contract of conveyance proposed to be entered into between the legal entity and a municipal corporation and calling a special meeting of the owners, partners, members, or stockholders for the purpose of authorizing that transfer.
(2) A cemetery may be transferred to a municipal corporation in which the cemetery is located pursuant to a court order issued as a result of a receivership or conservatorship action conducted under section 9 of the cemetery regulation act, 1968 PA 251, MCL 456.529, without a resolution executed by the governing board of the legal entity under subsection (1).
History:
1927, Act 10, Eff. Sept. 5, 1927 ;-- CL 1929, 10459 ;-- CL 1948, 456.182 ;-- Am. 2002, Act 551, Imd. Eff. July 26, 2002
2023 Michigan Compiled Laws › Chapter 456 - Cemetery Associations › Act 10 of 1927 - Cemetery Corporations; Transfer of Rights to Municipal Corporation (456.181 - 456.184) › Section 456.183 - Notice of Special Meeting; Publication.

456.183 Notice of special meeting; publication.
Sec. 3.
(1) Except as otherwise provided for in subsection (2), notice of a meeting pursuant to section 2 shall be given by publication of a notice for 6 consecutive weeks previous to the time of holding the meeting in a newspaper published and circulated in the county in which the legal entity has its principal office or place of business. The notice shall state the time and place of the meeting, its purpose, and the substance of the proposed contract of conveyance. Proof of publication shall be filed with the secretary of the legal entity, as applicable, on or before the date of meeting.
(2) This section does not apply if the sale, assignment, transfer, or conveyance is the result of the disposition of the cemetery and its assets and liabilities under a receivership or conservatorship under section 9 of the cemetery regulation act, 1968 PA 251, MCL 456.529.
History:
1927, Act 10, Eff. Sept. 5, 1927 ;-- CL 1929, 10460 ;-- Am. 1933, Act 185, Eff. Oct. 17, 1933 ;-- CL 1948, 456.183 ;-- Am. 2002, Act 551, Imd. Eff. July 26, 2002
2023 Michigan Compiled Laws › Chapter 456 - Cemetery Associations › Act 10 of 1927 - Cemetery Corporations; Transfer of Rights to Municipal Corporation (456.181 - 456.184) › Section 456.184 - Legal Rights and Privileges Unaffected by Sale; Duties of Municipal Corporation.

456.184 Legal rights and privileges unaffected by sale; duties of municipal corporation.
Sec. 4.
(1) The legal rights and privileges, statutory or otherwise, of the owners, stockholders, partners, or members are not affected by the contract or conveyance by which the cemetery property is transferred to a municipal corporation. The municipal corporation shall assume and perform all liabilities, charges, and duties, statutory or otherwise, imposed upon or assumed by the municipal corporation, fully perform all existing contracts or agreements of the cemetery, and carry out and perform all provisions as to maintenance whether imposed upon the legal entity by statute or assumed by its bylaws or other originating documentation.
(2) Any fund for maintenance as provided by statute or by the bylaws or other originating documentation of the legal entity shall be turned over to the municipal corporation and preserved, applied, and used as required under statute or under bylaws or other originating documents.
History:
1927, Act 10, Eff. Sept. 5, 1927 ;-- CL 1929, 10461 ;-- CL 1948, 456.184 ;-- Am. 2002, Act 551, Imd. Eff. July 26, 2002
2023 Michigan Compiled Laws › Chapter 456 - Cemetery Associations › Act 58 of 1915 - Cremation Companies (456.201 - 456.213) › Section 456.201 - Cremation Companies; Incorporators, Purposes.

456.201 Cremation companies; incorporators, purposes.
Sec. 1.
Five or more persons, who shall, by articles of agreement in writing, associate themselves according to 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 2, 3 and 4 of this act, shall, with their successors and assigns, constitute a body politic or corporate, under the name assumed by them in their articles of association: Provided, however, That no 2 corporations shall assume the same name.
History:
1915, Act 58, Eff. Aug. 24, 1915 ;-- CL 1915, 11177 ;-- CL 1929, 10462 ;-- CL 1948, 456.201
2023 Michigan Compiled Laws › Chapter 456 - Cemetery Associations › Act 58 of 1915 - Cremation Companies (456.201 - 456.213) › Section 456.202 - Articles of Agreement; Signing, Acknowledgment, Contents.

456.202 Articles of agreement; signing, acknowledgment, contents.
Sec. 2.
The articles of agreement of every corporation formed under the provisions of this act shall be signed by 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.
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 30 years.
History:
1915, Act 58, Eff. Aug. 24, 1915 ;-- CL 1915, 11178 ;-- CL 1929, 10463 ;-- CL 1948, 456.202
2023 Michigan Compiled Laws › Chapter 456 - Cemetery Associations › Act 58 of 1915 - Cremation Companies (456.201 - 456.213) › Section 456.203 - Certificate of Organization; Signatures; Filing Certificate With Department of Commerce.

456.203 Certificate of organization; signatures; filing certificate with department of commerce.
Sec. 3.
Within 1 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 2, which certificate shall be signed by the president and secretary of such corporation, and shall forthwith file such certificate with the corporation and securities bureau of the department of commerce.
History:
1915, Act 58, Eff. Aug. 24, 1915 ;-- CL 1915, 11179 ;-- CL 1929, 10464 ;-- CL 1948, 456.203 ;-- Am. 1982, Act 114, Imd. Eff. Apr. 19, 1982
2023 Michigan Compiled Laws › Chapter 456 - Cemetery Associations › Act 58 of 1915 - Cremation Companies (456.201 - 456.213) › Section 456.204 - Repealed. 2011, Act 112, Imd. Eff. July 20, 2011.

456.204 Repealed. 2011, Act 112, Imd. Eff. July 20, 2011.
Compiler's Notes:
The repealed section pertained to holding in land.
2023 Michigan Compiled Laws › Chapter 456 - Cemetery Associations › Act 58 of 1915 - Cremation Companies (456.201 - 456.213) › Section 456.205 - Tax Exemption; Exception.

456.205 Tax exemption; exception.
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 assessments for public improvements: Provided, That all stock owned by said stockholders shall be taxed in the manner provided by law.
History:
1915, Act 58, Eff. Aug. 24, 1915 ;-- CL 1915, 11181 ;-- CL 1929, 10466 ;-- CL 1948, 456.205
2023 Michigan Compiled Laws › Chapter 456 - Cemetery Associations › Act 58 of 1915 - Cremation Companies (456.201 - 456.213) › Section 456.206 - Encumbrance of Certain Property Prohibited; Surety Bond and Cash Bond.

456.206 Encumbrance of certain property prohibited; surety bond and cash bond.
Sec. 6.
(1) A corporation shall have the power to acquire land that is necessary and appropriate for its purposes.
(2) A mortgage or other lien or encumbrance shall not be executed upon the lands or buildings of a columbarium.
(3) A mortgage or other lien or encumbrance may be executed on the land or buildings that are not under or part of a columbarium if, and only if, the corporation, landlord, mortgagee, or lender files and maintains in force a corporate surety bond and a cash bond that are conditioned upon the faithful performance of all cremations and dispositions of cremated remains contracted for, by, or on behalf of the corporation that owns the crematorium. The sum total of the surety bond and cash bond shall not be less than $100,000.00. The surety bond and cash bond shall be for the benefit of the state of Michigan to ensure the performance of the cremation and the disposition of cremated remains contracted for, by, or on behalf of the corporation that owns the crematorium. If land or buildings are leased pursuant to this subsection, the duration of the lease shall be for not less than 5 years.
History:
1915, Act 58, Eff. Aug. 24, 1915 ;-- CL 1915, 11182 ;-- CL 1929, 10467 ;-- CL 1948, 456.206 ;-- Am. 2011, Act 112, Imd. Eff. July 20, 2011
2023 Michigan Compiled Laws › Chapter 456 - Cemetery Associations › Act 58 of 1915 - Cremation Companies (456.201 - 456.213) › Section 456.207 - Annual Meeting; Election of Directors, Term; Right to Vote; Special Meetings.

456.207 Annual meeting; election of directors, term; right to vote; special meetings.
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 7, of which 3 shall serve for 1 year and 4 for 2 years, their successors at subsequent annual meetings being elected in each case for a period of 2 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 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 1 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.
History:
1915, Act 58, Eff. Aug. 24, 1915 ;-- CL 1915, 11183 ;-- CL 1929, 10468 ;-- CL 1948, 456.207
2023 Michigan Compiled Laws › Chapter 456 - Cemetery Associations › Act 58 of 1915 - Cremation Companies (456.201 - 456.213) › Section 456.208 - Officers; Selection.

456.208 Officers; selection.
Sec. 8.
It shall be the duty of said board of directors to 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.
History:
1915, Act 58, Eff. Aug. 24, 1915 ;-- CL 1915, 11184 ;-- CL 1929, 10469 ;-- CL 1948, 456.208
2023 Michigan Compiled Laws › Chapter 456 - Cemetery Associations › Act 58 of 1915 - Cremation Companies (456.201 - 456.213) › Section 456.209 - Directors; Powers.

456.209 Directors; powers.
Sec. 9.
The board of directors shall have the general 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.
History:
1915, Act 58, Eff. Aug. 24, 1915 ;-- CL 1915, 11185 ;-- CL 1929, 10470 ;-- CL 1948, 456.209