reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 81: GENERAL PROVISIONS › Subchapter 4: MISCELLANEOUS PROVISIONS › 13 §984. Use of badges, emblems or names without authority

§984. Use of badges, emblems or names without authority
No person shall wear or exhibit the badge, button, emblem, decoration, insignia or charm, or shall assume or use the name of any benevolent, humane, fraternal or charitable corporation incorporated under the laws of this State, or any other state, or of the United States, or holding its charter or warrant under some recognized supreme grand body having authority to issue the same, or shall assume or claim to be a member thereof, or of a benevolent, humane, fraternal or charitable corporation or organization, the name of which shall so nearly resemble the name of any other corporation or organization existing prior to the organization of the corporation, organization or association of which such person may claim to be a member, the name whereof may be calculated to deceive the people with respect to any such prior corporation or organization, unless he shall be authorized under the laws, statutes, rules, regulations and bylaws of such former corporation or organization to wear such badge, button, emblem, decoration, insignia or charm, or to use and assume such name as a member thereof. Nothing in this chapter shall be construed to forbid the use of such badge as a measure of protection by the wife, mother, sister or daughter of any man entitled to wear the same.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 81: GENERAL PROVISIONS › Subchapter 4: MISCELLANEOUS PROVISIONS › 13 §985. Injunctions

§985. Injunctions
Whenever there shall be an actual or threatened violation of any of the provisions of sections 983 and 984, the Supreme Judicial Court and the Superior Court shall have jurisdiction to issue an injunction, upon notice to the defendant of not less than 5 days, restraining such actual or threatened violation. If it shall appear to the court that the defendant is in fact using the name of a benevolent, humane, fraternal or charitable corporation or organization, incorporated or organized as provided, or a name so nearly resembling it as to be calculated to deceive the public, or is wearing or exhibiting the badge, insignia or emblem of such corporation or organization without authority thereof and in violation of sections 983 and 984, an injunction may be issued, enjoining or restraining such actual or threatened violation, without requiring proof that any person has in fact been misled or deceived thereby.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 81: GENERAL PROVISIONS › Subchapter 4: MISCELLANEOUS PROVISIONS › 13 §986. Violations

§986. Violations
Whoever violates sections 983 or 984 shall be punished by a fine of not more than $50 or by imprisonment for not more than 30 days, or by both.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 81: GENERAL PROVISIONS › Subchapter 4: MISCELLANEOUS PROVISIONS › 13 §987. Applicability of Title 13-B

§987. Applicability of Title 13-B
A corporation or other entity created pursuant to this Title or regulated by this Title is subject to Title 5, section 194 and sections 194‑B to 194‑K if it is a public benefit corporation under Title 13‑B, section 1406.   [PL 2001, c. 550, Pt. C, §1 (NEW); PL 2001, c. 550, Pt. C, §29 (AFF).]
SECTION HISTORY
PL 2001, c. 550, §C1 (NEW). PL 2001, c. 550, §C29 (AFF).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 83: CEMETERY CORPORATIONS › Subchapter 1: GENERAL PROVISIONS › 13 §1031. Unauthorized establishment; injunction

§1031. Unauthorized establishment; injunction
Any cemetery, community mausoleum or columbarium established, maintained or operated in violation of or contrary to this chapter is declared to be a nuisance, which may be abated or enjoined as such by the civil action of any citizen of this State.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 83: CEMETERY CORPORATIONS › Subchapter 1: GENERAL PROVISIONS › 13 §1032. Disposal of bodies

§1032. Disposal of bodies
Except as otherwise provided by law, or in case of a dead body being rightfully carried through or removed from the State for the purpose of burial or disposition elsewhere, every dead body of a human being dying within the State and the remains of any body after dissection therein shall be decently buried, entombed in a mausoleum, vault or tomb, or cremated within a reasonable time after death. The permanent disposition of such bodies or remains shall be by interment in the earth, or deposit in a chamber, vault or tomb of a cemetery owned, maintained and operated in accordance with the laws of this State, by deposit in a crypt of a mausoleum, or by cremation. The remains of a human body after cremation may be deposited in a niche of a columbarium or a crypt of a mausoleum, buried or disposed of in any manner not contrary to law. No deposit of the bodies or remains of the human dead shall be made in a single chamber, vault or tomb partly above and partly below the natural surface of the ground, unless the part thereof below such surface is of a permanent character, constructed of materials capable of withstanding extreme climatic conditions, waterproof and air tight, and capable of being sealed permanently to prevent all escape of effluvia, and unless the part thereof above the natural surface of the ground is constructed of natural stone of a standard not less than that required by the United States Government for monuments erected in national cemeteries, or durability sufficient to withstand all conditions of weather.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 83: CEMETERY CORPORATIONS › Subchapter 1: GENERAL PROVISIONS › 13 §1033. Vested rights

§1033. Vested rights
This chapter shall not be construed as affecting any vested rights of any cemetery association or other agency owning, maintaining and operating a cemetery or crematory immediately prior to July 24, 1937. Insofar as this chapter does not violate any such vested rights, it shall, except as otherwise provided, apply to all such cemetery associations or other agencies.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 83: CEMETERY CORPORATIONS › Subchapter 1: GENERAL PROVISIONS › 13 §1034. Jurisdiction

§1034. Jurisdiction
The Superior Court has original and concurrent jurisdiction in all cases under this chapter. Judges of the District Court may cause the persons brought before them on complaint for violation of section 1342 or 1343 to recognize with sufficient sureties to appear at the next term of the Superior Court and, in default thereof, shall commit them.   [RR 2021, c. 2, Pt. A, §25 (COR).]
SECTION HISTORY
RR 2021, c. 2, Pt. A, §25 (COR).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 83: CEMETERY CORPORATIONS › Subchapter 1: GENERAL PROVISIONS › 13 §1035. Penalties

§1035. Penalties
Except as otherwise provided in this chapter, a person who fails to comply with or violates any of the provisions of this chapter in respect to the establishment, maintenance or operation of a cemetery, community mausoleum, crematory or columbarium or to the disposal of dead human bodies commits a Class E crime except that, notwithstanding Title 17‑A, sections 1704 and 1705, the fine may not be less than $100 or more than $500.   [PL 2019, c. 113, Pt. C, §25 (AMD).]
SECTION HISTORY
PL 2007, c. 112, §1 (AMD). PL 2019, c. 113, Pt. C, §25 (AMD).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 83: CEMETERY CORPORATIONS › Subchapter 1: GENERAL PROVISIONS › 13 §1036. Recovery of fines or penalties

§1036. Recovery of fines or penalties
All fines or penalties provided by section 1035 may be recovered or enforced by indictment, and the necessary processes for causing the crypts and catacombs to be sealed or the bodies to be removed and buried, and execution to recover the necessary expenses thereof, may be issued by the Superior Court.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 83: CEMETERY CORPORATIONS › Subchapter 2: BURYING GROUNDS › Article 1: ORGANIZATION › 13 §1071. Incorporation

§1071. Incorporation
Persons of lawful age may organize themselves into a nonprofit-sharing corporation for the purpose of purchasing land for a burying ground and for the purpose of owning, maintaining and operating a cemetery or cemeteries, as provided in sections 901 and 903 and may proceed in the manner and, except as restricted, with the powers provided in section 931.   [PL 1975, c. 770, §75 (AMD).]
SECTION HISTORY
PL 1965, c. 66 (AMD). PL 1975, c. 770, §75 (AMD).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 83: CEMETERY CORPORATIONS › Subchapter 2: BURYING GROUNDS › Article 2: DUTIES OF TOWN OR COUNTY › 13 §1101-A. Definition

§1101-A. Definition
As used in this article, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2003, c. 421, §1 (AMD).]
1.  Ancient burying ground.
"Ancient burying ground" means a cemetery established before 1880 in which burial is restricted to:
A. Members of the family or families that established the cemetery, their descendants or others as chosen by the members of the family or families that established the cemetery; or   [PL 2019, c. 561, §2 (NEW).]
B. Persons or a group of persons as specified by the persons or group of persons that established the cemetery.   [PL 2019, c. 561, §2 (NEW).]
The existence of an ancient burying ground may be established in accordance with section 1101-B, subsection 3.
[PL 2019, c. 561, §2 (RPR).]
2.  Columbarium.
"Columbarium" means a structure or room or space in a mausoleum or other building containing niches or recesses for disposition of cremated human remains.
[PL 2003, c. 421, §1 (NEW).]
3.  Community mausoleum.
"Community mausoleum" means an aboveground structure designed for entombment of human remains of the general public, as opposed to the entombment of the remains of family members in a privately owned, family mausoleum of no more than 6 crypts.
[PL 2003, c. 421, §1 (NEW).]
4.  Public burying ground.
"Public burying ground" means a burying ground or cemetery in which any person may be buried without regard to religious or other affiliation and includes a cemetery owned and operated by a municipality, a cemetery corporation or a cemetery association.
[PL 2013, c. 524, §2 (NEW).]
SECTION HISTORY
PL 1999, c. 700, §2 (NEW). PL 2003, c. 421, §1 (AMD). PL 2013, c. 524, §2 (AMD). PL 2019, c. 561, §2 (AMD).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 83: CEMETERY CORPORATIONS › Subchapter 2: BURYING GROUNDS › Article 2: DUTIES OF TOWN OR COUNTY › 13 §1101-B. Ancient burying grounds

§1101-B. Ancient burying grounds
1.  Access to ancient burying grounds on privately owned land.
The owner of an ancient burying ground shall provide a municipality or its caretaker designated pursuant to section 1101 access necessary to perform the duties pursuant to section 1101 and Title 30-A, section 2901. Any unreasonable denial to provide access may result in the owner being held responsible for any fines, court costs and attorney's fees incurred by municipalities in legally obtaining access or for failing to meet the requirements of section 1101.
[PL 2013, c. 421, §2 (AMD).]
2.  Maintenance by landowner.
A person who owns a parcel of land that contains an ancient burying ground and chooses to deny access to the municipality or its caretaker designated pursuant to section 1101 shall assume the duties as described in section 1101 and Title 30-A, section 2901, subsection 1. Maintenance of an ancient burying ground by the owner exempts the municipality from performing the duties as described in section 1101.
A municipality or its caretaker designated pursuant to section 1101 to carry out the municipality's functions regarding an ancient burying ground must have access to any ancient burying ground within the municipality in order to determine if the ancient burying ground is being maintained in good condition and repair. If an ancient burying ground or a veteran's grave within an ancient burying ground is not maintained in good condition and repair, the municipality may take over the care or appoint a caretaker to whom it delegates the municipality's functions regarding an ancient burying ground.
[PL 2013, c. 524, §3 (AMD).]
3.  Documentation; lack of documentation or apparent marked boundaries.
The existence of an ancient burying ground may be documented in papers, including:
A. Records of the register of deeds;   [PL 2019, c. 561, §3 (NEW).]
B. Property deeds;   [PL 2019, c. 561, §3 (NEW).]
C. Manuscripts or published records of the history of a county or municipality;   [PL 2019, c. 561, §3 (NEW).]
D. Records of a municipality; or   [PL 2019, c. 561, §3 (NEW).]
E. Historical or current maps.   [PL 2019, c. 561, §3 (NEW).]
A lack of documentation of an ancient burying ground as described in this subsection may not disprove the existence of an ancient burying ground if there is physical evidence of its existence.
A lack of apparent marked boundaries of an ancient burying ground may not disprove the existence of an ancient burying ground.
[PL 2019, c. 561, §3 (NEW).]
SECTION HISTORY
PL 1999, c. 700, §2 (NEW). PL 2013, c. 421, §2 (AMD). PL 2013, c. 524, §3 (AMD). PL 2019, c. 561, §3 (AMD).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 83: CEMETERY CORPORATIONS › Subchapter 2: BURYING GROUNDS › Article 2: DUTIES OF TOWN OR COUNTY › 13 §1101-C. Notice of responsibility

§1101-C. Notice of responsibility
When a municipality fails without good reason to maintain the good condition and repair of a grave, headstone, monument or marker or fails to keep the grass suitably cut and trimmed on any such grave pursuant to section 1101 and at least one of the municipal officers has had 14 days' actual notice or knowledge of the neglected condition, a penalty of not more than $100 may be assessed on the municipality.   [PL 1999, c. 700, §2 (NEW).]
SECTION HISTORY
PL 1999, c. 700, §2 (NEW).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 83: CEMETERY CORPORATIONS › Subchapter 2: BURYING GROUNDS › Article 2: DUTIES OF TOWN OR COUNTY › 13 §1101-D. Unorganized townships

§1101-D. Unorganized townships
If an ancient burying ground or a public burying ground as described in section 1101 is located in an unorganized township, the county in which the township is located is subject to sections 1101, 1101‑B and 1101‑C except that the county is not required to designate a caretaker by a writing as required in section 1101, subsection 1.   [PL 2019, c. 561, §4 (AMD).]
SECTION HISTORY
PL 1999, c. 700, §2 (NEW). PL 2019, c. 561, §4 (AMD).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 83: CEMETERY CORPORATIONS › Subchapter 2: BURYING GROUNDS › Article 2: DUTIES OF TOWN OR COUNTY › 13 §1101-E. Graves on land owned by Federal Government

§1101-E. Graves on land owned by Federal Government
Veterans' graves as described in section 1101 that are located on a site that was owned by the Federal Government as of January 1, 2000 are not subject to the requirements of section 1101.   [PL 1999, c. 700, §2 (NEW).]
SECTION HISTORY
PL 1999, c. 700, §2 (NEW).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 83: CEMETERY CORPORATIONS › Subchapter 2: BURYING GROUNDS › Article 2: DUTIES OF TOWN OR COUNTY › 13 §1102. -- neglect

§1102. -- neglect
If such officers, treasurer or committee neglect so to apply such fines, they each forfeit the amount thereof, in a civil action, to any person suing therefor.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 83: CEMETERY CORPORATIONS › Subchapter 2: BURYING GROUNDS › Article 2: DUTIES OF TOWN OR COUNTY › 13 §1103. -- unincorporated places (REPEALED)

§1103. -- unincorporated places
(REPEALED)
SECTION HISTORY
PL 1983, c. 471, §1 (RP).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 83: CEMETERY CORPORATIONS › Subchapter 2: BURYING GROUNDS › Article 3: EXEMPTION FROM ATTACHMENT › 13 §1141. Grounds inalienable; description recorded

§1141. Grounds inalienable; description recorded
When any persons appropriate for a burying ground a piece of land containing not more than 1/2 of an acre, it shall be exempt from attachment and execution, and inalienable and indivisible by the owners without the consent of all; and be kept fenced or otherwise substantially marked and occupied as a burying ground. They shall cause a written description of it, under their hands, attested by 2 disinterested witnesses, to be recorded in the registry of deeds in the county or district where it lies or by the clerk of the town where it is situated.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 83: CEMETERY CORPORATIONS › Subchapter 2: BURYING GROUNDS › Article 3: EXEMPTION FROM ATTACHMENT › 13 §1142. Family burying grounds

§1142. Family burying grounds
When a person appropriates for a family burying ground a piece of land containing not more than 1/4 of an acre, causes a description of it to be recorded in the registry of deeds of the same county or by the clerk of the town where it is situated and substantially marks the bounds of the burying ground or encloses it with a fence, it is exempt from attachment and execution. No subsequent conveyance of it is valid while any person is interred in the burying ground; but it must remain to the person who appropriated, recorded and marked that burying ground and to that person's heirs as a burial place forever. If property surrounding a burying ground appropriated pursuant to this section is conveyed, the property is conveyed by the person who appropriated the property or by an heir of that person and the conveyance causes the burying ground to be inaccessible from any public way, the conveyance is made subject to an easement for the benefit of the spouse, ancestors and descendants of any person interred in the burying ground. The easement may be used only by persons to walk in a direct route from the public way nearest the burying ground to the burying ground at reasonable hours.   [PL 1991, c. 412, §1 (AMD).]
SECTION HISTORY
PL 1991, c. 412, §1 (AMD).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 83: CEMETERY CORPORATIONS › Subchapter 2: BURYING GROUNDS › Article 3: EXEMPTION FROM ATTACHMENT › 13 §1143. Lots

§1143. Lots
Lots in public or private cemeteries are exempt from attachment and levy on execution and from liability to be sold by executors and administrators of insolvent estates for the payment of debts and charges of administration. Only one lot shall be so exempt for any one person.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 83: CEMETERY CORPORATIONS › Subchapter 2: BURYING GROUNDS › Article 4: ENLARGEMENT OF GROUNDS › 13 §1181. Restrictions and conditions

§1181. Restrictions and conditions
The municipal officers of any town may on petition of 10 voters enlarge any public cemetery or burying ground or incorporated cemetery or burying ground within their town by taking land of adjacent owners, to be paid for by the town or otherwise as the municipal officers may direct, when in their judgment public necessity requires it. The limits thereof shall not be extended nearer any improved land used for recreational purposes or dwelling house than 100 feet, or nearer any well, from which the water is used for domestic purposes, than 200 feet, against the written protest of the owner made to the officers at the time of the hearing on the petition. Nor shall any person, corporation or association establish, locate or enlarge any cemetery or burying ground by selling or otherwise disposing of land so that the limits thereof shall be extended nearer any improved land used for recreational purposes or dwelling house than 100 feet, or nearer any well, from which the water is used for domestic purposes, than 200 feet, against the written protest of the owner. Nothing in this section shall prohibit the sale or disposition of lots within the limits of any existing cemetery or burying ground, nor the extension thereof away from any improved land used for recreational purposes or dwelling house or well. This section shall not apply to land acquired under Title 37-A, section 15.   [PL 1981, c. 33 (AMD).]
SECTION HISTORY
PL 1967, c. 502, §1 (AMD). PL 1973, c. 537, §18 (AMD). PL 1981, c. 33 (AMD).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 83: CEMETERY CORPORATIONS › Subchapter 2: BURYING GROUNDS › Article 4: ENLARGEMENT OF GROUNDS › 13 §1182. Notice

§1182. Notice
Notice of a time and place for a hearing held under section 1181 shall be given by posting written notices thereof, signed by said officers, at least 7 days prior thereto, in 2 public places in said town. A copy of such notice and of the petition shall be served on the owners of the land at least 10 days before the day of hearing.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 83: CEMETERY CORPORATIONS › Subchapter 2: BURYING GROUNDS › Article 4: ENLARGEMENT OF GROUNDS › 13 §1183. Damages for land taken; town vote

§1183. Damages for land taken; town vote
If the municipal officers at the hearing held under section 1181 grant the prayer of the petitioners, they shall then determine what land shall be taken and assess the damages suffered by each person thereby, as if the land were taken for town ways, make a written return of their proceedings, specifying the land taken and the damages awarded each person and file the same with the town clerk. Such cemetery or burying ground shall not be enlarged, pursuant to such return, until so voted by the town at its next annual meeting.   [PL 1975, c. 431, §3 (AMD).]
SECTION HISTORY
PL 1975, c. 431, §3 (AMD).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 83: CEMETERY CORPORATIONS › Subchapter 2: BURYING GROUNDS › Article 4: ENLARGEMENT OF GROUNDS › 13 §1184. Persons aggrieved; remedy

§1184. Persons aggrieved; remedy
Any person aggrieved by the amount of damages awarded may have them determined by written complaint to the Superior Court in the manner provided respecting damages for the establishment of town ways.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 83: CEMETERY CORPORATIONS › Subchapter 2: BURYING GROUNDS › Article 5: CONVEYANCE TO TOWN › 13 §1221. Proceedings

§1221. Proceedings
Any private cemetery or burying ground, by written agreement of all the owners thereof, recorded by the clerk of the town in which it is situated may, by vote of such town within one month after the recording of such agreement by the town clerk, become public and subject to the law relating to public cemeteries or burying grounds, provided such agreement is not in conflict with the terms of any conveyance or devise of land for the purposes of a burying ground.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 83: CEMETERY CORPORATIONS › Subchapter 2: BURYING GROUNDS › Article 5: CONVEYANCE TO TOWN › 13 §1222. Acceptance; exemption from liability; trust funds for repairs

§1222. Acceptance; exemption from liability; trust funds for repairs
Any city, town, cemetery corporation, trust company or trustee may accept any conveyance of land not exceeding 1/2 acre, to be forever held, kept and used for a private or family burying ground for the grantors and such of their heirs and relatives by blood or marriage as the conveyance shall designate. Such lot and all erections thereon, including the erection and maintenance of the same, and fixtures thereto suitable for its use or adornment as a burying ground, are forever inalienable and indivisible and exempt from liability for debt. Such city, town, corporation, company or trustee may accept and forever hold any donation or legacy for insuring proper care and attention to any burial lot or ground and the avenues thereof and the monuments thereon. Having accepted such donation or legacy, said trustee becomes bound to perform the duties appertaining to the trust as specified in the writing creating the same or, in default of such specification, as required by law, and as in cases of public charity. Any city or town without giving bond therefor may be appointed by the probate court testamentary trustee for the purpose of holding forever, in accordance with this section and the terms of the devise, any fund devised for the purposes aforesaid. Any such city, town, cemetery corporation, trust company, or trustee failing to furnish proper care and attention to any burial lot, the perpetual care whereof has been provided for as above, shall be punished by a fine of not less than $50 nor more than $100, to be recovered by complaint or indictment. The District Court and the Superior Court shall have concurrent jurisdiction. Of all fines provided for under this section and recovered on complaint, 1/2 shall go to the prosecutor and 1/2 to the county where the city, town, cemetery corporation, trust company or trustee committing the offense is situated. Nothing herein contained shall be construed to compel any such city, town, cemetery corporation, trust company or trustee to expend in any one year upon any such lot more than the income from any such fund.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 83: CEMETERY CORPORATIONS › Subchapter 2: BURYING GROUNDS › Article 5: CONVEYANCE TO TOWN › 13 §1223. Investment of funds

§1223. Investment of funds
Cemetery trust funds of any cemetery corporation or association, trust company, church, religious or charitable society, or other trustee, shall be invested in the manner provided in Title 30‑A, chapter 223, subchapter III-A, and, unless the instrument or order creating the trusts prohibits, may be combined with other similar trust funds in the manner provided in Title 30‑A, section 5654, and the annual income only shall be expended in performance of the requirements of the trust.   [PL 1987, c. 737, Pt. C, §§24, 106 (AMD); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §8, 10 (AMD).]
SECTION HISTORY
PL 1987, c. 737, §§C24,C106 (AMD). PL 1989, c. 6 (AMD). PL 1989, c. 9, §2 (AMD). PL 1989, c. 104, §§C8,C10 (AMD).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 83: CEMETERY CORPORATIONS › Subchapter 2: BURYING GROUNDS › Article 5: CONVEYANCE TO TOWN › 13 §1224. Recording of acceptance

§1224. Recording of acceptance
A copy of the record of the vote of the trustee so accepting a conveyance of lands shall be indorsed on the conveyance and certified thereon by the clerk of the grantee and recorded in the registry of deeds with the conveyance.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 83: CEMETERY CORPORATIONS › Subchapter 2: BURYING GROUNDS › Article 6: TRUST FUNDS › 13 §1261. Authority to hold

§1261. Authority to hold
Any person owning or interested in a lot or lots in a public burying ground of a city or town may deposit with the treasurer of such city or town a sum of money for the purpose of providing for the preservation and care of such lot or lots, or their appurtenances, which sum shall be entered upon the books of the treasurer and invested and held in accordance with Title 30‑A, chapter 223, subchapter III-A.   [PL 1987, c. 737, Pt. C, §§25, 106 (AMD); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §8, 10 (AMD).]
SECTION HISTORY
PL 1987, c. 737, §§C25,C106 (AMD). PL 1989, c. 6 (AMD). PL 1989, c. 9, §2 (AMD). PL 1989, c. 104, §§C8,C10 (AMD).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 83: CEMETERY CORPORATIONS › Subchapter 2: BURYING GROUNDS › Article 6: TRUST FUNDS › 13 §1262. Bylaws and ordinances

§1262. Bylaws and ordinances
A city or town may pass such ordinances or bylaws as may be necessary for the purposes of section 1261 and not repugnant to law, and may receive such money for said purposes, and may invest and hold the same as provided in section 1261.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 83: CEMETERY CORPORATIONS › Subchapter 2: BURYING GROUNDS › Article 6: TRUST FUNDS › 13 §1263. Acceptance of deposits

§1263. Acceptance of deposits
When any person owning or interested in a lot in a public burying ground in a city or town deposits with the treasurer of such city or town a sum of money for the preservation or care of such lot as provided by section 1262, said city or town may accept a conveyance of such lot for the uses and upon the trusts which may be set forth in said conveyance, and may bind itself to keep and perform the agreements, uses and trusts contained in the deed of conveyance of such lot.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 83: CEMETERY CORPORATIONS › Subchapter 2: BURYING GROUNDS › Article 6: TRUST FUNDS › 13 §1265. Tangible personal property

§1265. Tangible personal property
Upon written request and payment of any reasonable out-of-pocket expenses, a cemetery or crematory shall deliver to a person, the person's attorney-in-fact or the person's personal representative any item of tangible personal property purchased by that person but remaining in the possession of the cemetery or crematory.   [PL 1995, c. 474, §1 (NEW).]
SECTION HISTORY
PL 1995, c. 474, §1 (NEW).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 83: CEMETERY CORPORATIONS › Subchapter 2: BURYING GROUNDS › Article 6: TRUST FUNDS › 13 §1266. Solicitation of cemetery or crematory services or property

§1266. Solicitation of cemetery or crematory services or property
Uninvited telephone or door-to-door solicitations for crematory or cemetery services or property are prohibited. This section may not be construed to limit the raising of funds for capital improvements as long as those funds are not raised through the purchase of cemetery or crematory services or property. Uninvited solicitations may not be construed to include solicitations resulting from uninvited good-faith personal referrals from individuals purchasing services or property from a cemetery or crematory.   [PL 1995, c. 474, §1 (NEW).]
SECTION HISTORY
PL 1995, c. 474, §1 (NEW).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 83: CEMETERY CORPORATIONS › Subchapter 2: BURYING GROUNDS › Article 6: TRUST FUNDS › 13 §1267. Penalties

§1267. Penalties
A person is subject to criminal prosecution under Title 17‑A, chapter 15 if the person violates section 1264 or 1265. A person who violates section 1266 commits a civil violation for which a fine of not less than $100 and not more than $500 may be adjudged.   [PL 2003, c. 688, Pt. B, §1 (AMD).]
SECTION HISTORY
PL 1995, c. 474, §1 (NEW). PL 2003, c. 688, §B1 (AMD).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 83: CEMETERY CORPORATIONS › Subchapter 3: PUBLIC CEMETERIES › 13 §1301. Incorporation; exemption from attachment and taxation

§1301. Incorporation; exemption from attachment and taxation
Any 7 or more persons may be incorporated, not for profit, in the manner provided in section 901 for the purpose of owning, managing and protecting lands and their appurtenances appropriated for public cemeteries. The property of such corporations and the shares of stock therein are exempt from attachment and taxation. Any cemetery corporation may accept and receive donations of money, general legacies and devises of real estate or legacies in trust, for the purpose of landscaping, general beautification and care of lots, memorials, avenues and plots in said cemetery, without being appointed or confirmed by any court as such trustee.   [PL 1975, c. 770, §76 (AMD).]
SECTION HISTORY
PL 1975, c. 770, §76 (AMD).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 83: CEMETERY CORPORATIONS › Subchapter 3: PUBLIC CEMETERIES › 13 §1302. Recording of deeds

§1302. Recording of deeds
Deeds of burial lots in any public cemetery may be recorded in the registry of deeds for the county or district where such cemetery is situated.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 83: CEMETERY CORPORATIONS › Subchapter 3: PUBLIC CEMETERIES › 13 §1303. Ownership and operation

§1303. Ownership and operation
Every cemetery, except Veterans' Memorial Cemetery established under Title 37‑A, chapter 2, hereafter established shall be owned, maintained or operated by a municipality or other political subdivision of the State, a church, a religious or charitable society, or by a cemetery association incorporated as provided in section 1071 or 1301.   [PL 1973, c. 537, §19 (AMD).]
Every such cemetery shall be located in accordance with statutes already in force and effect, and only after consent for such location has been obtained from the municipality or other political subdivision where the same is proposed to be located, as well as from the Bureau of Health. No cemetery, community mausoleum, crematory or columbarium hereafter established shall be maintained or operated for the purpose of private profit or gain, either directly or indirectly, to any director, officer or member of the cemetery association or other agency owning, maintaining or operating the same, or of any holding company or development company employed to develop, build and dispose of the same. A cemetery lawfully established prior to July 24, 1937 may continue to be owned, maintained and operated under the form of organization adopted therefor. Any corporation organized prior to July 24, 1937 which is authorized or empowered to own, construct, maintain or operate cemeteries or burial grounds may lawfully own, construct, maintain or operate mausoleums, crematories or columbaria in connection therewith, in accordance with the laws existing and effective up to the time of July 24, 1937.
SECTION HISTORY
PL 1967, c. 502, §2 (AMD). PL 1973, c. 537, §19 (AMD).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 83: CEMETERY CORPORATIONS › Subchapter 3: PUBLIC CEMETERIES › 13 §1304. Sales for speculation or investment

§1304. Sales for speculation or investment
The sale of cemetery lots and plots, or the sale of crypts in a community mausoleum or niches in a columbarium for speculative or financial investment purposes, or the conveyance of any portion of a cemetery already dedicated to burial purposes as security for debt, is prohibited. Every such conveyance, whether made by a person or by a cemetery association, or by a company or association owning and operating a community mausoleum, crematory or columbarium, or by any holding, development or subsidiary company, shall be void and of no effect. Whoever makes or attempts to make a sale or conveyance contrary to this section shall be guilty of a misdemeanor and punished as provided in section 1035.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 83: CEMETERY CORPORATIONS › Subchapter 3: PUBLIC CEMETERIES › 13 §1305. Care and maintenance

§1305. Care and maintenance
The proceeds of the sales of lots and plots in a cemetery shall be applied solely to the management, superintendence, improvement and maintenance of the cemetery and the avenues, paths and structures situated therein, for the purchase of additional cemetery land and for the accumulation of a permanent care and improvement fund. If any indebtedness of a fixed amount is incurred in the purchase of lands for such cemetery, or in making any improvement therein, a sum not exceeding 50% of the gross receipts from the sale of burial lots and plots may be applied to the liquidation of such indebtedness. All moneys received from the sale of personal property and surplus real estate of a cemetery shall be applied first to the liquidation of any fixed indebtedness incurred by it on account of the purchase or improvement of the lands dedicated to cemetery purposes, and any residue remaining after the liquidation of such indebtedness shall be deposited in the permanent care and improvement fund of the cemetery. This section shall not apply to any cemetery now organized and operating.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 83: CEMETERY CORPORATIONS › Subchapter 3: PUBLIC CEMETERIES › 13 §1306. Cemetery perpetual care fund

§1306. Cemetery perpetual care fund
A person, corporation or any other private entity that controls a cemetery shall establish a cemetery perpetual care fund. This fund is separate from any permanent care and improvement fund for a community mausoleum on a cemetery's premises established under section 1348. The income from the cemetery perpetual care fund must be devoted to maintenance of the cemetery. This cemetery perpetual care fund must be created by depositing in the fund at least 30% of the proceeds received, in full and in installments, from the sale of lots and plots in the cemetery. This section does not apply to a family burying ground as described in section 1142. The sale of a cemetery lot or plot that is subject to a contract for the perpetual care of the lot or plot or for general cemetery maintenance is exempt from this section, as long as the contract requires that at least 30% of the proceeds from the sale of the lot or plot be set aside with the income from those funds to be used for cemetery maintenance.   [PL 1997, c. 140, §1 (NEW).]
SECTION HISTORY
PL 1997, c. 140, §1 (NEW).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 83: CEMETERY CORPORATIONS › Subchapter 4: MAUSOLEUMS AND VAULTS › 13 §1341. Location

§1341. Location
1.  Mausoleum, crematory or other structure.
A community mausoleum, community crematory or other community structure that holds or contains dead human bodies may only be erected in a cemetery that is at least 20 acres in size and has been in existence and used for burial for at least 2 years preceding the erection of the structure.
[PL 2003, c. 421, §2 (AMD).]
2.  Columbarium.
A columbarium that holds or contains the cremated remains of dead human bodies may only be erected in a cemetery that is at least 5 acres in size and has been in existence and used for burial for at least 2 years preceding the erection of the structure.
[PL 1999, c. 620, §1 (NEW).]
3.  Exception.
This section does not apply to a structure containing crypts erected or controlled by a church or religious society used for the remains of the clergy or dignitaries of the church or religious society.
[PL 1999, c. 620, §1 (NEW).]
SECTION HISTORY
PL 1999, c. 620, §1 (RPR). PL 2003, c. 421, §2 (AMD).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 83: CEMETERY CORPORATIONS › Subchapter 4: MAUSOLEUMS AND VAULTS › 13 §1342. Approval of health authority

§1342. Approval of health authority
Before any person, firm or corporation shall build, construct or erect any such community mausoleum, vault or other burial structure entirely above ground or partly above and partly by excavation, with the intention and purpose that when so built, constructed and erected the same may contain 20 or more deceased human bodies for permanent interment, such person, firm or corporation shall present all plans for such construction to the Bureau of Health and shall obtain the written approval of such plans by said bureau before proceeding with the construction and erection of said mausoleum, vault or other burial structure.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 83: CEMETERY CORPORATIONS › Subchapter 4: MAUSOLEUMS AND VAULTS › 13 §1343. Type of construction; examinations

§1343. Type of construction; examinations
Any such community mausoleum or other burial structure shall be constructed of such materials and workmanship as will insure its durability and permanency as well as the safety, convenience, comfort and health of the community in which it is located, as dictated and determined at the time by modern mausoleum construction and engineering science, and all crypts or catacombs placed in a mausoleum, vault or other burial structure as described in section 1342 shall be so constructed that all parts thereof may be readily examined by the Bureau of Health or any other health officer. Such crypts or catacombs, when used for the permanent interment of a deceased body or bodies, shall be so hermetically sealed that no offensive odor or effluvia may escape therefrom.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 83: CEMETERY CORPORATIONS › Subchapter 4: MAUSOLEUMS AND VAULTS › 13 §1344. Supervisory control of health authorities

§1344. Supervisory control of health authorities
The Bureau of Health shall have supervisory control over the erection of any such community mausoleum and shall enforce compliance with the approved plans and specifications therefor. Such bureau shall determine the reasonable amount of compensation for such supervision, which compensation shall be paid by the cemetery association or other agency erecting such community mausoleum. No departure from the original plans and specifications shall be permitted, except upon approval of the said Bureau of Health evidenced in like manner and form as the approval of the original plans and specifications.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 83: CEMETERY CORPORATIONS › Subchapter 4: MAUSOLEUMS AND VAULTS › 13 §1345. No use before completion

§1345. No use before completion
No community mausoleum, crypt or structure so erected shall be used for the purpose of depositing therein the remains of any dead body until the same, or a component section thereof, is fully completed and the permanent care and improvement fund required by section 1348 has been provided.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 83: CEMETERY CORPORATIONS › Subchapter 4: MAUSOLEUMS AND VAULTS › 13 §1346. No sale before completion

§1346. No sale before completion
No crypt in a community mausoleum shall be sold or offered for sale before said structure, or a component section thereof, is fully completed.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 83: CEMETERY CORPORATIONS › Subchapter 4: MAUSOLEUMS AND VAULTS › 13 §1347. Improper conditions; removal of bodies

§1347. Improper conditions; removal of bodies
Whenever any mausoleum, vault, crypt or other structure containing one or more dead human bodies shall, in the opinion of the Bureau of Health, become a menace to public health and the owner thereof fails to remedy or remove the same to the satisfaction of the said bureau, any court of competent jurisdiction may order the owner of said structure to remove the dead body or bodies for interment in some suitable cemetery at the expense of such owner. If such owner cannot be found, such removal and interment shall be at the expense of the cemetery association in the cemetery in which such mausoleum, vault, crypt or other structure is situated.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 83: CEMETERY CORPORATIONS › Subchapter 4: MAUSOLEUMS AND VAULTS › 13 §1348. Permanent care and improvement fund

§1348. Permanent care and improvement fund
Every cemetery association or other agency establishing, maintaining and operating a community mausoleum shall create and establish a permanent care and improvement fund, distinct and separate from the permanent care and improvement fund of its cemetery, the income whereof shall be devoted to the care, maintenance and improvement of such community mausoleum. Such permanent care and improvement fund shall be created by applying to such fund at least 30% of the proceeds received, in full and installments, from the sales of crypts in such mausoleum.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 83: CEMETERY CORPORATIONS › Subchapter 4: MAUSOLEUMS AND VAULTS › 13 §1349. -- custodian

§1349. -- custodian
The treasurer of the cemetery in which such community mausoleum is situated shall be the custodian of the permanent care and improvement fund established therefor in section 1348 and every such fund shall be held, administered and invested in the manner provided by law for funds in savings banks of this State.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 83: CEMETERY CORPORATIONS › Subchapter 5: PROTECTION AND PRESERVATION › 13 §1372. Inventories of cemeteries or burial grounds

§1372. Inventories of cemeteries or burial grounds
A municipality or, in the case of unorganized territory, a county may contract with a cemetery association or historical society to undertake, complete and keep current an inventory of cemeteries and burial grounds located in that municipality or county.   [PL 1987, c. 326, §1 (NEW).]
SECTION HISTORY
PL 1987, c. 326, §1 (NEW).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 83: CEMETERY CORPORATIONS › Subchapter 5: PROTECTION AND PRESERVATION › 13 §1373. Authority to maintain

§1373. Authority to maintain
A municipality may authorize any cemetery association or historical society to maintain any cemetery or burial ground owned, maintained or operated by the municipality.   [PL 1987, c. 326, §1 (NEW).]
SECTION HISTORY
PL 1987, c. 326, §1 (NEW).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 83: CEMETERY CORPORATIONS › Subchapter 6: USE OF UNOCCUPIED INTERMENT SPACES › 13 §1381. Use of unoccupied interment spaces

§1381. Use of unoccupied interment spaces
If a cemetery lot, or portion of a cemetery lot, has not been used for interment purposes for 75 consecutive years and if the record owner of the lot has failed to provide for the care and maintenance of the lot for 75 consecutive years, then up to 1/2 of these unoccupied interment spaces within the lot may be used by the person, association, corporation or municipality which owns, maintains and operates the cemetery. If a portion of the interment spaces is occupied, the spaces on either side may not be used under this section.   [PL 1987, c. 579 (NEW).]
SECTION HISTORY
PL 1987, c. 579 (NEW).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 83: CEMETERY CORPORATIONS › Subchapter 6: USE OF UNOCCUPIED INTERMENT SPACES › 13 §1382. Notice of use

§1382. Notice of use
Unoccupied interment spaces may not be used under section 1381 unless after the 75-year period the person, association, corporation or municipality which owns, maintains and operates the cemetery gives notice declaring that the unoccupied interment spaces within the lot may be used.   [PL 1987, c. 579 (NEW).]
SECTION HISTORY
PL 1987, c. 579 (NEW).