reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 164 of 1871 - Vacating Cemetery in City or Village (128.41 - 128.45) › Section 128.41 - Vacation of Cemetery; Jurisdiction of Chancery Court.

128.41 Vacation of cemetery; jurisdiction of chancery court.
Sec. 1.
That whenever the trustees of any incorporated village, or the common council of any city, shall by resolution adopted by them, determine that the dead bodies buried in any public or private cemetery located in such city or village should be removed therefrom, for the reason that such cemetery shall have become commons, or has become neglected or abandoned by its owner or owners, or has become a public nuisance, or shall impede the growth of any such city or village, or shall endanger the health of the people living in the immediate vicinity thereof, the circuit court in chancery of the county in which such cemetery is located is hereby authorized to vacate the same, or any part thereof, on petition made to such court as hereinafter provided.
History:
1871, Act 164, Eff. July 18, 1871 ;-- CL 1871, 3423 ;-- How. 4790 ;-- CL 1897, 3485 ;-- CL 1915, 3481 ;-- CL 1929, 2663 ;-- Am. 1941, Act 149, Eff. Jan. 10, 1942 ;-- CL 1948, 128.41
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 164 of 1871 - Vacating Cemetery in City or Village (128.41 - 128.45) › Section 128.42 - Petition of Trustees or Council to Vacate; Notice.

128.42 Petition of trustees or council to vacate; notice.
Sec. 2.
That such petition shall be made in behalf of said trustees or common council by an attorney or agent appointed by them for that purpose, who shall file a petition signed and sworn to by him in the office of the register of said court for the proper county, which petition shall set forth his authority as attorney or agent, the particular reasons for making and filing such petition and a distinct description of the premises on which such cemetery is located, which petition shall be filed as aforesaid 30 days previous to the first day of the term for which such petition shall be noticed for hearing. That notice of the pendency and hearing of such petition shall be given for the same space of time by publishing the same in a newspaper published in the proper county once in each week for 4 successive weeks prior to the first day of the term when such case is noticed for hearing.
History:
1871, Act 164, Eff. July 18, 1871 ;-- CL 1871, 3424 ;-- How. 4791 ;-- CL 1897, 3486 ;-- CL 1915, 3482 ;-- CL 1929, 2664 ;-- CL 1948, 128.42
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 164 of 1871 - Vacating Cemetery in City or Village (128.41 - 128.45) › Section 128.43 - Court Proceedings; Order to Vacate; Recording.

128.43 Court proceedings; order to vacate; recording.
Sec. 3.
That the hearing of such petition may be continued from term to term in the discretion of the court, without further notice, that all testimony may be taken in open court or the taking of the same may be referred in the discretion of the court to a circuit court commissioner of the proper county. That under direction of the court proper issues may be made for the determination of all questions of law and fact and all questions of compensation to any person or persons to be affected by such proceedings and all issues of fact may be tried by a jury if the court shall so order, and any person adversely interested may cause himself to be made defendant to such petition. In all cases where reference shall be made to a jury to determine the compensation to be paid to any person or persons as aforesaid, the proceedings upon such reference shall so far as practicable be like those had in cases where a jury is empaneled to ascertain and determine the necessity of taking lands, franchises and other property for the construction of railroads and to apprize the damages and compensation to be allowed therefor. If upon the hearing of such petition the petitioner shall produce satisfactory evidence to the court that said trustees or common council have determined as aforesaid, that the notice required by this act has been given, and that such cemetery should be vacated in whole or in part as a place of burial for any of the reasons given in this act for vacating cemeteries, such court shall thereupon order that such cemetery shall be vacated in whole or in part as a place of burial. That a copy of such order certified by the register of such court under his seal shall be recorded by the petitioner in the office of the register of deeds of the proper county.
History:
1871, Act 164, Eff. July 18, 1871 ;-- CL 1871, 3425 ;-- How. 4792 ;-- CL 1897, 3487 ;-- CL 1915, 3483 ;-- CL 1929, 2665 ;-- CL 1948, 128.43
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 164 of 1871 - Vacating Cemetery in City or Village (128.41 - 128.45) › Section 128.44 - Reinterment; Time of Year; Expenses, Payment.

128.44 Reinterment; time of year; expenses, payment.
Sec. 4.
That when any cemetery shall be vacated as provided in this act, the said trustees or common council shall cause all the dead bodies and remains buried in such cemetery to be re-interred in the cemetery of such city or village, if they have one, and if not, then in some suitable cemetery not more than 6 miles from the nearest corporate limits of said city or village in a prudent, careful and respectful manner, and shall cause to be removed and again erected over the proper remains, all permanent fences around graves and lots, all tombstones and monuments, with as little injury as the case will admit, Provided, That no removal of said bodies and remains shall be made during the months of June, July, August or September, such removal, and the costs of the proceedings under this act, shall be at the expense of and paid by the city or village in which such cemetery is located.
History:
1871, Act 164, Eff. July 18, 1871 ;-- CL 1871, 3426 ;-- How. 4793 ;-- CL 1897, 3488 ;-- CL 1915, 3484 ;-- CL 1929, 2666 ;-- CL 1948, 128.44
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 164 of 1871 - Vacating Cemetery in City or Village (128.41 - 128.45) › Section 128.45 - Price of Lots Repaid.

128.45 Price of lots repaid.
Sec. 5.
In all cases where the title to the land vacated shall revert to such city or village, such city or village shall on demand and upon the conveyance of said lot (where conveyance may be necessary) to said city or village, repay to any owner the price he may have paid for his lot.
History:
1871, Act 164, Eff. July 18, 1871 ;-- CL 1871, 3427 ;-- How. 4794 ;-- CL 1897, 3489 ;-- CL 1915, 3485 ;-- CL 1929, 2667 ;-- CL 1948, 128.45
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 297 of 1929 - Vacating Cemetery in City or Village (128.51 - 128.57) › Section 128.51 - Circuit Court in Chancery; Jurisdiction to Vacate Cemeteries.

128.51 Circuit court in chancery; jurisdiction to vacate cemeteries.
Sec. 1.
That, whenever the trustees of an incorporated village, or the common council of any city, shall, by a resolution adopted by them, determine that the dead bodies buried in any private or public cemetery located in such city or village should be removed therefrom for the reason that such cemetery shall impede the establishment, maintenance, development or enhancement of any public improvement by such city or village, the circuit court in chancery of the county in which such cemetery is located, upon such findings, and under the conditions hereinafter set forth, is hereby authorized to vacate the same, or any part thereof, on petition made to such court, as hereinafter provided.
History:
1929, Act 297, Imd. Eff. May 23, 1929 ;-- CL 1929, 2668 ;-- CL 1948, 128.51
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 297 of 1929 - Vacating Cemetery in City or Village (128.51 - 128.57) › Section 128.52 - Contract for Sale of Private Cemetery to City, Village; Contents.

128.52 Contract for sale of private cemetery to city, village; contents.
Sec. 2.
That, upon the adoption of such a resolution, it shall be competent for the board of directors, or board of trustees, of such cemetery association, as is the owner of such cemetery, to agree upon a contract for the sale of such cemetery to such city or village: Provided, however, That the validity and enforceability of such contract shall be conditioned upon the aforesaid circuit court authorizing the vacating of such cemetery under the terms hereof: Provided further, That such contract shall be approved by a 3/4 vote of the scrip holders or stockholders of such cemetery association, at a special meeting called for that purpose, notice of such meeting to be mailed to the last known place of residence of such scrip holders or stockholders: And provided further, That such contract shall provide that such cemetery association agrees to provide, within a reasonable distance from such city or village, a cemetery ground suitable for the reinterment of such dead bodies and remains as are ordered to be vacated: And provided further, That such contract shall provide that such cemetery association agrees to reinter such dead bodies and remains, except as to such as are interred in the lots of objecting lot owners or grave owners, as hereinafter set forth.
History:
1929, Act 297, Imd. Eff. May 23, 1929 ;-- CL 1929, 2669 ;-- CL 1948, 128.52
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 297 of 1929 - Vacating Cemetery in City or Village (128.51 - 128.57) › Section 128.53 - Petition of Trustees or Council to Vacate; Filing, Notice.

128.53 Petition of trustees or council to vacate; filing, notice.
Sec. 3.
That, upon the execution of such contract, a petition shall be made in behalf of said village trustees, or common council, by an attorney, or agent, appointed by them for that purpose, who shall file a petition, signed and sworn to by him, in the office of the clerk of said court for the proper county, which petition shall set forth his authority, as attorney, or agent, the particular reasons for making and filing such petition, a copy of the aforesaid contract with the cemetery association, and a complete legal description of the premises on which said cemetery is located, which petition shall be filed as aforesaid, at least 30 days previous to the date for which such petition shall be noticed for hearing. That notice of the pendency and hearing of such petition shall be given by publishing the same in a newspaper circulated in the proper county, once in each week, for 4 successive weeks, prior to the date of the hearing.
History:
1929, Act 297, Imd. Eff. May 23, 1929 ;-- CL 1929, 2670 ;-- CL 1948, 128.53
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 297 of 1929 - Vacating Cemetery in City or Village (128.51 - 128.57) › Section 128.54 - Compensation to Objecting Lot Owners; Credit on Contract; Condition Precedent.

128.54 Compensation to objecting lot owners; credit on contract; condition precedent.
Sec. 4.
That, should there appear at the hearing of such petition any objecting lot owner or grave owner of such cemetery, setting forth, by special petition, that he has not come to an agreement with said cemetery association in respect to the necessity for such removal under the terms of this act and in respect to compensation for the loss of burial rights, or for the removal of dead bodies interred on their lots, compensation shall be awarded to such lot owners and grave owners in the manner hereinafter set forth, and such compensation shall be paid by said city, or village, and shall, thereafter, be deducted from the purchase price theretofore agreed to be paid to said cemetery association: Provided, however, That as a condition precedent to the payment of such compensation, such objecting lot owner and grave owner shall remove and reinter the dead bodies and remains on his lot.
History:
1929, Act 297, Imd. Eff. May 23, 1929 ;-- CL 1929, 2671 ;-- CL 1948, 128.54
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 297 of 1929 - Vacating Cemetery in City or Village (128.51 - 128.57) › Section 128.56 - Appeal; Bond.

128.56 Appeal; bond.
Sec. 6.
Any lot owner or grave owner whose property may be taken, and any municipality or person, party to the proceedings under this act, considering himself aggrieved, may appeal from the order of the court confirming the verdict of the jury or order of the court made at the proceedings without a jury by filing in writing with the clerk of said court notice of such appeal within 5 days after the confirmation or order, and filing a bond in said court, to be approved by the judge thereof, conditioned for the prosecution of said appeal to judgment, and the payment of all costs, damages and expenses that may be awarded against him in case the judgment or confirmation shall be affirmed. Such appeal shall be perfected within the same time and prosecuted as far as practicable like an appeal in chancery.
History:
1929, Act 297, Imd. Eff. May 23, 1929 ;-- CL 1929, 2673 ;-- CL 1948, 128.56
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 297 of 1929 - Vacating Cemetery in City or Village (128.51 - 128.57) › Section 128.57 - Repealed. 1978, Act 368, Eff. Sept. 30, 1978.

128.57 Repealed. 1978, Act 368, Eff. Sept. 30, 1978.
Compiler's Notes:
The repealed section pertained to removal and reinterment of dead bodies.
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 113 of 1915 - Care of Cemeteries (128.61 - 128.62) › Section 128.61 - Cemeteries; Joint Maintenance by Municipalities; Money Deposited in Trust, Limitation, Expenditure.

128.61 Cemeteries; joint maintenance by municipalities; money deposited in trust, limitation, expenditure.
Sec. 1.
The township board of each township shall have the authority and it shall be its duty to cause all cemeteries within its township, except private cemeteries and cemeteries owned by cities and villages located in such townships, to be properly taken care of. The legislative body of any city or village may contribute to the maintenance and care of cemeteries owned by the township, and the township board may contribute to the maintenance and care of cemeteries owned by a city or village. Such contributions shall be paid from the respective contingent or general funds. The township boards of 2 or more adjoining townships, whether or not the townships are located in the same county may contribute to the maintenance and care of cemeteries owned by 1 or more of the townships. Any person or persons interested in the maintenance of a lot in any cemetery may deposit in trust with the township treasurer a sum of money not to exceed the sum of $500.00, the interest or principal of which shall be expended to maintain the lot described in such amounts each year as shall be designated in the letter of deposit, or by agreement with the township board. Said maintenance money shall be expended under the supervision of the township board.
History:
1915, Act 113, Eff. Aug. 24, 1915 ;-- CL 1915, 11190 ;-- Am. 1919, Act 163, Eff. Aug. 14, 1919 ;-- CL 1929, 2676 ;-- CL 1948, 128.61 ;-- Am. 1949, Act 57, Eff. Sept. 23, 1949 ;-- Am. 1951, Act 109, Eff. Sept. 28, 1951 ;-- Am. 1952, Act 157, Eff. Sept. 18, 1952 ;-- Am. 1957, Act 204, Eff. Sept. 27, 1957
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 113 of 1915 - Care of Cemeteries (128.61 - 128.62) › Section 128.62 - Cemetery Day.

128.62 Cemetery day.
Sec. 2.
The third Wednesday in August of each year is hereby designated as “cemetery day” and is set aside as a day upon which the people in townships may devote a portion of their time to the improvement of their cemeteries. The township boards shall direct the manner of making such improvements.
History:
1915, Act 113, Eff. Aug. 24, 1915 ;-- CL 1915, 11191 ;-- CL 1929, 2677 ;-- CL 1948, 128.62
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 95 of 1909 - Trust Fund for Care of Cemeteries (128.71 - 128.74) › Section 128.71 - Township Board of Trustees; Taking, Receiving, and Holding Property in Trust; Purpose; Expenditure of Funds.

128.71 Township board of trustees; taking, receiving, and holding property in trust; purpose; expenditure of funds.
Sec. 1.
The board of trustees of a township may take, receive, and hold property, real or personal, which may be granted, transferred, bequeathed, or devised to the board in trust, for the purpose of caring for or keeping in good repair a lot or lots, or a portion of a lot or lots, or the whole or a part of a township cemetery, and to expend the funds as specified in the trust.
History:
1909, Act 95, Eff. Sept. 1, 1909 ;-- CL 1915, 5137 ;-- CL 1929, 2678 ;-- CL 1948, 128.71 ;-- Am. 1980, Act 379, Eff. Mar. 31, 1981
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 95 of 1909 - Trust Fund for Care of Cemeteries (128.71 - 128.74) › Section 128.72 - Trust Fund; Investment.

128.72 Trust fund; investment.
Sec. 2.
All moneys and property which may be received by said board by way of gift, grant, devise or bequest, for cemetery purposes, shall be under the control of said board, and shall be held in trust by said board, subject to the terms and conditions on which the same were given, granted, devised or bequeathed, and the same shall constitute a trust fund. If left in money it shall, unless otherwise expressed by those making such gift, grant or bequest, be invested as a permanent fund in good, safe, interest bearing securities, the interest therefrom to be used as designated in said trust, under the supervision or direction of the said board; and no part of such income shall be used or appropriated for other than the purposes expressed in said trust, except the paying of the clerk of said board for his services in carrying out the provisions of said trust, which amount shall be determined by the board.
History:
1909, Act 95, Eff. Sept. 1, 1909 ;-- CL 1915, 5138 ;-- CL 1929, 2679 ;-- CL 1948, 128.72
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 95 of 1909 - Trust Fund for Care of Cemeteries (128.71 - 128.74) › Section 128.73 - Trust Fund; Not Transferable.

128.73 Trust fund; not transferable.
Sec. 3.
Neither the whole nor any part of the principal or income derived from said trust fund shall be either temporarily or permanently transferred to the general cemetery or other fund, or used for general cemetery purposes, or diverted in any way contrary to the provisions of the trust under which the same was received.
History:
1909, Act 95, Eff. Sept. 1, 1909 ;-- CL 1915, 5139 ;-- CL 1929, 2680 ;-- CL 1948, 128.73
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 95 of 1909 - Trust Fund for Care of Cemeteries (128.71 - 128.74) › Section 128.74 - Treasurer and Custodian; Bond.

128.74 Treasurer and custodian; bond.
Sec. 4.
The clerk of said board shall be the treasurer of said board and custodian of such trust fund, and said board shall take into consideration this duty of the clerk in fixing the amount of his official bond, which in all cases shall be adequate to cover the moneys or property under his control for the purposes of this act.
History:
1909, Act 95, Eff. Sept. 1, 1909 ;-- CL 1915, 5140 ;-- CL 1929, 2681 ;-- CL 1948, 128.74
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 81 of 1903 - Care and Preservation of Cemetery Lots (128.81 - 128.90) › Section 128.81 - Cemetery Lots; Deposit for Care With County Treasurer.

128.81 Cemetery lots; deposit for care with county treasurer.
Sec. 1.
Any person residing in the state of Michigan, or elsewhere, may, during his lifetime, by will, or otherwise, deposit any sum of money with any county treasurer in the state of Michigan, which sum shall not be less than 50 dollars, for the care of any 1 lot, the interest only of which is to be used for the purpose of caring for such cemetery lot or lots in any cemetery within the state of Michigan, an accurate description of said lots, where and in what cemetery located, to be deposited by the person so depositing said money, giving the name of the county and township, village or city in which said cemetery is located, giving the number of the lot or lots, if said cemetery is platted, if not platted, then by giving the name of some person whose name shall be cut on a stone or monument on the lot or lots in the cemetery which he may wish to designate: Provided, This section shall not affect any municipality or association that has at this time provision for such deposit of money and laws governing the maintenance of cemetery lots.
History:
1903, Act 81, Eff. Sept. 17, 1903 ;-- CL 1915, 2397 ;-- CL 1929, 1278 ;-- CL 1948, 128.81
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 81 of 1903 - Care and Preservation of Cemetery Lots (128.81 - 128.90) › Section 128.81a - Deposit of Money After June 30, 2018.

128.81a Deposit of money after June 30, 2018.
Sec. 1a.
No money may be deposited with a county treasurer under section 1 after June 30, 2018.
History:
Add. 2018, Act 8, Eff. Apr. 26, 2018
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 81 of 1903 - Care and Preservation of Cemetery Lots (128.81 - 128.90) › Section 128.82 - Investment of Money Deposited Under MCL 128.81.

128.82 Investment of money deposited under MCL 128.81.
Sec. 2.
A county treasurer may invest money deposited with the county under section 1 in the same manner as county money under 1943 PA 20, MCL 129.91 to 129.97a.
History:
1903, Act 81, Eff. Sept. 17, 1903 ;-- CL 1915, 2398 ;-- Am. 1925, Act 208, Eff. Aug. 27, 1925 ;-- CL 1929, 1279 ;-- CL 1948, 128.82 ;-- Am. 2018, Act 8, Eff. Apr. 26, 2018
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 81 of 1903 - Care and Preservation of Cemetery Lots (128.81 - 128.90) › Section 128.83 - Transfer of Earnings on Investment; Purpose.

128.83 Transfer of earnings on investment; purpose.
Sec. 3.
Each year, a county treasurer shall transfer any earnings on investments under section 2 to the cemetery owner or other operator of the cemetery in which the lot designated under section 1 is located for the purpose of caring for the lot.
History:
1903, Act 81, Eff. Sept. 17, 1903 ;-- CL 1915, 2399 ;-- Am. 1917, Act 324, Eff. Aug. 10, 1917 ;-- CL 1929, 1280 ;-- CL 1948, 128.83 ;-- Am. 2018, Act 8, Eff. Apr. 26, 2018
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 81 of 1903 - Care and Preservation of Cemetery Lots (128.81 - 128.90) › Section 128.84 - Repealed. 2018, Act 8, Eff. June 30, 2018.

128.84 Repealed. 2018, Act 8, Eff. June 30, 2018.
Compiler's Notes:
The repealed section pertained to delivery of receipt by county treasurer.
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 81 of 1903 - Care and Preservation of Cemetery Lots (128.81 - 128.90) › Section 128.85 - Treasurer's Bond; Increase.

128.85 Treasurer's bond; increase.
Sec. 5.
A bond covering a county treasurer as required by sections 35 and 36 of 1846 RS 14, MCL 48.35 and 48.36, must be for the faithful and proper discharge of duties under this act, including the holding of money deposited under this act. The bond must be increased or decreased to reflect the amount of money held by the county treasurer under this act, as determined by the county board of commissioners.
History:
1903, Act 81, Eff. Sept. 17, 1903 ;-- CL 1915, 2401 ;-- Am. 1917, Act 324, Eff. Aug. 10, 1917 ;-- CL 1929, 1282 ;-- CL 1948, 128.85 ;-- Am. 2018, Act 8, Eff. Apr. 26, 2018
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 81 of 1903 - Care and Preservation of Cemetery Lots (128.81 - 128.90) › Section 128.86 - Annual Report on Money Deposited, Invested, and Expended.

128.86 Annual report on money deposited, invested, and expended.
Sec. 6.
If a county treasurer holds money under this act, by January 31 of each year, the county treasurer shall report to the county board of commissioners on money deposited, invested, and paid under this act.
History:
1903, Act 81, Eff. Sept. 17, 1903 ;-- CL 1915, 2402 ;-- Am. 1925, Act 208, Eff. Aug. 27, 1925 ;-- CL 1929, 1283 ;-- CL 1948, 128.86 ;-- Am. 2018, Act 8, Eff. Apr. 26, 2018
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 81 of 1903 - Care and Preservation of Cemetery Lots (128.81 - 128.90) › Section 128.87 - Cemetery Deposits; County Liability.

128.87 Cemetery deposits; county liability.
Sec. 7.
Every county in this state having any such cemetery fund, shall always be held accountable and liable for any and all such cemetery money in an action brought by any person having deposited such fund, or his heirs, or by any cemetery board, or township board, wherever the cemetery is located within the state of Michigan.
History:
1903, Act 81, Eff. Sept. 17, 1903 ;-- CL 1915, 2403 ;-- CL 1929, 1284 ;-- CL 1948, 128.87
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 81 of 1903 - Care and Preservation of Cemetery Lots (128.81 - 128.90) › Section 128.88 - Cemetery Deposits; Tax Exempt.

128.88 Cemetery deposits; tax exempt.
Sec. 8.
All moneys set apart for the purposes specified in this act shall be exempt from taxation.
History:
1903, Act 81, Eff. Sept. 17, 1903 ;-- CL 1915, 2404 ;-- CL 1929, 1285 ;-- CL 1948, 128.88
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 81 of 1903 - Care and Preservation of Cemetery Lots (128.81 - 128.90) › Section 128.90 - Definitions.

128.90 Definitions.
Sec. 10.
As used in this act, "cemetery", "cemetery owner", and "operator" mean those terms as defined in section 2 of the cemetery regulation act, 1968 PA 251, MCL 456.522.
History:
Add. 2018, Act 8, Eff. Apr. 26, 2018
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Repealed - Act 201 of 1911 - Fencing of Private Cemeteries (128.91 - 128.93)

FENCING OF PRIVATE CEMETERIES
Act 201 of 1911
128.91-128.93 Repealed. 1978, Act 368, Eff. Sept. 30, 1978.
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 211 of 1911 - Fencing of Private Cemeteries (128.101 - 128.103) › Section 128.101 - Private Cemeteries in Cities; Fencing.

128.101 Private cemeteries in cities; fencing.
Sec. 1.
It shall be the duty of any owner or owners of private cemeteries in cities wherein lots are sold for private or family burial purposes, to keep the same at all times enclosed with a fence with self locking gates of entrance and exit. Said fence and gates to be erected under the direction of the council of the city in which such cemetery may be located and of such a character and strength as to prevent the encroachment of live stock, within the bounds of said cemetery.
History:
1911, Act 211, Eff. Aug. 1, 1911 ;-- CL 1915, 11195 ;-- CL 1929, 2685 ;-- CL 1948, 128.101
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 211 of 1911 - Fencing of Private Cemeteries (128.101 - 128.103) › Section 128.102 - Private Cemeteries in Cities; Notice to Build or Repair.

128.102 Private cemeteries in cities; notice to build or repair.
Sec. 2.
It shall be the duty of the council of any city in this state wherein is located any private cemetery, or cemeteries, coming within the provisions of this act, to serve a written notice on the owner or owners of said private cemetery or cemeteries either to build or repair, as to said board seems necessary, within a certain specified period, not to exceed 90 days from the issuing of said notice such fence as in their judgment meets the requirements of the law and in lieu of the service of a written notice, publication of the notice may be made in any newspaper of general circulation in the city wherein said private cemetery or cemeteries are located, for a period of 6 successive weeks.
History:
1911, Act 211, Eff. Aug. 1, 1911 ;-- CL 1915, 11196 ;-- CL 1929, 2686 ;-- CL 1948, 128.102
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 211 of 1911 - Fencing of Private Cemeteries (128.101 - 128.103) › Section 128.103 - Noncompliance With Fencing Requirement; Erection by City Council; Expense.

128.103 Noncompliance with fencing requirement; erection by city council; expense.
Sec. 3.
If at the expiration of said notice, the said owner or owners have neglected or refused to comply with the requirements of said notice and order of said council, it shall be the duty of said council to enter upon the premises of said private cemetery and erect or cause to be erected such fence as shall comply with the provisions of this act, and shall certify the costs of said construction to the city clerk, and said costs shall become a lien against the estate held in such private cemetery and shall be assessed and collected the same as other taxes against real estate in the city wherein such private cemetery is located.
History:
1911, Act 211, Eff. Aug. 1, 1911 ;-- CL 1915, 11197 ;-- CL 1929, 2687 ;-- CL 1948, 128.103
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 88 of 1875 - Exemption of Private Burial Grounds From Taxation or Attachment (128.111 - 128.112) › Section 128.111 - Private Burial Grounds; Laying Out; Deed.

128.111 Private burial grounds; laying out; deed.
Sec. 1.
That it shall be lawful for any person or persons in this state to lay out and survey any tract of land not included within the corporate limits of any city or village which may be owned by such person or persons, as a private burial ground for the use of their families or descendants for purposes of interment of members of such families and descendants, and for no other purpose, not exceeding in quantity 1 acre of land, and may make a deed of the same to some person or persons to be named therein as trustees, with such provisions for continuing such trusteeship as they shall deem necessary, which said deed shall be acknowledged by such persons making the same, in the same manner as other deeds of land, and shall be recorded in the county where such land shall lie.
History:
1875, Act 88, Eff. Aug. 3, 1875 ;-- How. 4788 ;-- CL 1897, 8416 ;-- CL 1915, 11203 ;-- CL 1929, 2688 ;-- CL 1948, 128.111
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 88 of 1875 - Exemption of Private Burial Grounds From Taxation or Attachment (128.111 - 128.112) › Section 128.112 - Private Burial Grounds; Exemptions.

128.112 Private burial grounds; exemptions.
Sec. 2.
Such land so laid out and described in said deed, when recorded in the register's office of the county where such land lies, shall operate as a grant forever of the land described in such deed to said trustees and their successors forever, for the purposes described in said deed, and no sale, judgment, or decree shall be made which shall have the effect to divert the same from the objects of said grant, set forth in such deed, and the same shall not be taxed for any purpose, or be subject to any sale for taxes or any execution, attachment, or other order of sale made by any court, and any deed made by said trustees or their successors, or upon any sale made for taxes, or upon any execution, or decree, or order of sale made by any court of said lands or any part thereof, or any tenements, tombs, or other structures, thereon and appurtenant thereto, shall be void and shall convey no interest or title to the grantee named in such deed.
History:
1875, Act 88, Eff. Aug. 3, 1875 ;-- How. 4789 ;-- CL 1897, 8417 ;-- CL 1915, 11204 ;-- CL 1929, 2689 ;-- CL 1948, 128.112
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 22 of 1905 - Memory Days (128.121 - 128.121) › Section 128.121 - Memory Days; Purpose.

128.121 Memory days; purpose.
Sec. 1.
That the twenty-fifth day of May and the thirtieth day of September in each year be and hereby are set apart and designated as “Memory Days”; said days to be used for the purpose of improving and beautifying the various cemeteries throughout the state and of the graves therein; that all may thus show forth on these days by these appropriate acts a loving and tender remembrance for the dead: Provided, however, That if either of the days herein designated shall fall on Sunday, the next Monday following shall be deemed “Memory Day” for all or any of the purposes of this act.
History:
1905, Act 22, Imd. Eff. Mar. 20, 1905 ;-- CL 1915, 1097 ;-- CL 1929, 2675 ;-- CL 1948, 128.121
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 272 of 1909 - Enlargement of Township Burial Grounds (128.151 - 128.164) › Section 128.151 - Township Board of Trustees; Providing New Burying Ground or Enlarging Limits of Existing Burying Ground; Providing Suitable Approaches or Enlarging Limits of Existing Approach; Inability to Agree; Application for Jury; Determining Just Compensation and Necessity for Using Real Estate.

128.151 Township board of trustees; providing new burying ground or enlarging limits of existing burying ground; providing suitable approaches or enlarging limits of existing approach; inability to agree; application for jury; determining just compensation and necessity for using real estate.
Sec. 1.
The board of trustees of a township of this state, when it considers it desirable and necessary, may provide new burying ground in the township, or may enlarge the limits of an existing burying ground in the township, and may provide for suitable approaches to the burying ground, or may enlarge the limits of an existing approach to a burying ground in the township. If the board of trustees is unable to agree with the owner or owners of the land or a right in the land which the board desires to include within the limits of the burying ground or approaches to the burying ground, as to the compensation to be paid, the board of trustees may authorize 1 or more of its members to apply to the circuit court judge or district court judge for a jury from the vicinage. The jury shall determine the just compensation to be paid for the real estate acquired by the board of trustees for the burying ground or its approaches, or an enlargement of the burying ground, and the necessity for using the real estate. The application shall be in writing and shall describe the real estate required by the board as accurately as is required in a conveyance of real estate.
History:
1909, Act 272, Eff. Sept. 1, 1909 ;-- CL 1915, 5123 ;-- CL 1929, 3867 ;-- CL 1948, 128.151 ;-- Am. 1980, Act 380, Imd. Eff. Jan. 2, 1981
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 272 of 1909 - Enlargement of Township Burial Grounds (128.151 - 128.164) › Section 128.152 - Summons or Venire Facias Commanding County Sheriff or Constable to Summon Freeholders to Appear as Jury; Application and Issuance; Ascertaining Just Compensation and Necessity for Using Real Estate; Notice to Owner or Occupant; Service.

128.152 Summons or venire facias commanding county sheriff or constable to summon freeholders to appear as jury; application and issuance; ascertaining just compensation and necessity for using real estate; notice to owner or occupant; service.
Sec. 2.
The circuit court judge or district court judge, upon application, shall issue a summons or venire facias, directed to the sheriff or a constable of the county, commanding the sheriff or constable to summon 18 freeholders residing within the vicinity of the site, who are not related, either by blood or marriage, to the owner of the real estate, and who are not interested in the real estate, to appear before the judge, at the time and place named, not less than 20 or more than 50 days after the time of issuing the summons or venire facias, as a jury to ascertain and determine the just compensation to be made for the real estate required by the board of trustees for burying ground, the necessity for using the same, and to notify the owner or occupant of the real estate, if the owner can be found in the county, of the time when and the place where the jury is summoned to appear and the object for which the jury is summoned. The notice shall be served at least 10 days before the time specified in the summons or venire facias for the jury to appear.
History:
1909, Act 272, Eff. Sept. 1, 1909 ;-- CL 1915, 5124 ;-- CL 1929, 3868 ;-- CL 1948, 128.152 ;-- Am. 1980, Act 380, Imd. Eff. Jan. 2, 1981
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 272 of 1909 - Enlargement of Township Burial Grounds (128.151 - 128.164) › Section 128.153 - Notice to Township Board of Trustees; Publication; Service of Notice on Owner.

128.153 Notice to township board of trustees; publication; service of notice on owner.
Sec. 3.
Thirty days' previous notice of the time when and the place where the jury will assemble shall be given by the board of trustees of the township, if the owner or owners of the real estate are unknown, nonresidents of the county, minors, insane, non compos mentis, or inmates of a prison by publishing the notice in a newspaper published in the county where the real estate is situated. If a newspaper is not published in the county, the notice shall be given in some newspaper published in the nearest county where a newspaper is published. The notice shall be published once each week for 4 successive weeks, shall be signed by the board of trustees or by the township clerk, shall describe the real estate required for the burying ground, and state the time when and place where the jury will assemble and the object for which they will assemble. Notice may be served on the owner personally, or by leaving a copy of the notice at the owner's last place of residence.
History:
1909, Act 272, Eff. Sept. 1, 1909 ;-- CL 1915, 5125 ;-- CL 1929, 3869 ;-- CL 1948, 128.153 ;-- Am. 1980, Act 380, Imd. Eff. Jan. 2, 1981
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 272 of 1909 - Enlargement of Township Burial Grounds (128.151 - 128.164) › Section 128.154 - Judge; Duties; Jury Summons, Return, Contents; Empaneling.

128.154 Judge; duties; jury summons, return, contents; empaneling.
Sec. 4.
It shall be the duty of such judge, commissioner, or justice, and of the persons summoned as jurors, as hereinbefore provided, and of the sheriff or constable summoning them, to attend at the time and place specified in such summons or venire; and the officer who summoned the jury shall return such summons or venire to the officer who issued the same, with the names of the persons summoned by him as jurors, and shall certify the manner of notifying the owner or owners of such real estate, if he was found; and if he could not be found in said county, he shall certify that fact. Either party may challenge any of the said jurors for the same causes as in civil action. If more than 12 of said jurors in attendance shall be found qualified to serve as jurors, the officer in attendance, and who issued the summons or venire for such jury, shall strike from the list of jurors a number sufficient to reduce the number of jurors in attendance to 12; and in case less than 12 of the number so summoned as jurors shall attend, the sheriff or constable shall summon a sufficient number of freeholders to make up the number of 12; and the officer issuing the summons or venire for such jury, may issue an attachment for any person summoned as a juror who shall fail to attend, and may enforce obedience of such summons, venire or attachment, as courts of record, or justices' courts are authorized to do in civil cases.
History:
1909, Act 272, Eff. Sept. 1, 1909 ;-- CL 1915, 5126 ;-- CL 1929, 3870 ;-- CL 1948, 128.154
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 272 of 1909 - Enlargement of Township Burial Grounds (128.151 - 128.164) › Section 128.155 - Jury Sworn by Judge; Subpoenas for Witnesses; Visiting and Examining Premises; Jurors' Certificate; Signatures and Indorsement; Judge's Certificate.

128.155 Jury sworn by judge; subpoenas for witnesses; visiting and examining premises; jurors' certificate; signatures and indorsement; judge's certificate.
Sec. 5.
(1) The 12 persons selected as the jury shall be sworn by the judge in attendance, to inquire, ascertain, and determine, faithfully and impartially, the just compensation to be made for the real estate required by the board of trustees for the burying ground, and the necessity for using the same in the manner proposed by the board of trustees.
(2) Subpoenas for witnesses may be issued, and their attendance compelled by the judge in the same manner as may be done by a circuit court or by a district court in civil cases.
(3) The jury may visit and examine the premises, and from examination and other evidence presented before it, shall ascertain and determine the necessity for using the real estate in the manner and for the purpose proposed by the board of trustees, and the just compensation to be made for the real estate. If the jury finds that it is necessary that the real estate shall be used in the manner or for the purpose proposed by the board of trustees, the jury shall sign a certificate in writing, stating that it is necessary that the real estate, describing it, should be used as a burying ground or as an addition to a burying ground already established in the township, or as an approach to the burying ground, and the sum to be paid by the township as the just compensation for the same.
(4) The judge shall sign and attach to and indorse upon the certificate thus subscribed by the jurors, a certificate stating the time when and the place where the jury assembled, that the jurors were sworn by the judge as required, and that they subscribed the certificate. The judge also shall state in the certificate who appeared for the respective parties on the hearing and inquiry and shall deliver the certificates to the township clerk, or to a member of the board of trustees of the township.
History:
1909, Act 272, Eff. Sept. 1, 1909 ;-- CL 1915, 5127 ;-- CL 1929, 3871 ;-- CL 1948, 128.155 ;-- Am. 1980, Act 380, Imd. Eff. Jan. 2, 1981
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 272 of 1909 - Enlargement of Township Burial Grounds (128.151 - 128.164) › Section 128.156 - Judgment; Collection.

128.156 Judgment; collection.
Sec. 6.
Upon filing such certificates in the circuit court of the county where such real estate is situated, such court shall, if it finds all the proceedings regular, render judgment for the sum specified in the certificate signed by such jury, against such township, which judgment shall be collected and paid in the manner as other judgments against townships are collected and paid.
History:
1909, Act 272, Eff. Sept. 1, 1909 ;-- CL 1915, 5128 ;-- CL 1929, 3872 ;-- CL 1948, 128.156
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 272 of 1909 - Enlargement of Township Burial Grounds (128.151 - 128.164) › Section 128.157 - Incompetent or Unknown Owner; County Treasurer, Duties; Funds Subject to Court Order.

128.157 Incompetent or unknown owner; county treasurer, duties; funds subject to court order.
Sec. 7.
In case the owner of such real estate shall be unknown, insane, non compos mentis, or an infant, or cannot be found within such county, it shall be lawful for the said township to deposit the amount of such judgment with the county treasurer of such county, for the use of the person or persons entitled thereto; it shall be the duty of such county treasurer to receive such money, and at the time of receiving it, to give a receipt or certificate to the person depositing the same with him, stating the time when such deposit was made, and for what purpose; and such county treasurer and his sureties shall be liable on his bond for any money which shall come into his hands under the provisions of this act, in case he shall refuse to pay or account for the same, as herein provided: Provided, That no such money shall be drawn from such county treasury except upon an order of the circuit court, circuit court commissioner, or judge of probate, as hereinafter provided.
History:
1909, Act 272, Eff. Sept. 1, 1909 ;-- CL 1915, 5129 ;-- CL 1929, 3873 ;-- CL 1948, 128.157
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 272 of 1909 - Enlargement of Township Burial Grounds (128.151 - 128.164) › Section 128.158 - Vesting of Fee; Conditions; Writ of Possession.

128.158 Vesting of fee; conditions; writ of possession.
Sec. 8.
Upon satisfactory evidence being presented to the circuit court of the county where such real estate lies, that such judgment, or the sum ascertained and determined by the jury as the just compensation to be paid by such district for such burying grounds, has been paid, or that the amount thereof has been deposited according to the provisions of the preceding sections, such court shall, by an order or decree, adjudge and determine that the title in fee of such real estate shall, from the time of making such payment or deposit, forever thereafter be vested in such township and its successors and assigns, and shall, in and by such order or decree, award to such township a writ of possession for the recovery of the possession of such real estate, a copy of which order or decree, certified by the clerk of said county, shall be recorded in the office of the register of deeds of such county, and the title of such real estate shall thenceforth, from the time of making such payment or deposit, be vested forever thereafter in such township and its successors and assigns in fee.
History:
1909, Act 272, Eff. Sept. 1, 1909 ;-- CL 1915, 5130 ;-- CL 1929, 3874 ;-- CL 1948, 128.158
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 272 of 1909 - Enlargement of Township Burial Grounds (128.151 - 128.164) › Section 128.159 - Possession by Township; Writ of Possession.

128.159 Possession by township; writ of possession.
Sec. 9.
Such township may, at any time after making the payment or deposit hereinbefore required, enter upon and take possession of such real estate for the use of said township. And it shall be the duty of the county clerk of said county, on the request of said township, to issue out of and under the seal of the circuit court of said county a writ of possession as awarded in such order or decree; which writ shall be directed to the sheriff of said county, and shall be tested and made returnable, and shall be substantially, so far as may be, in the same form provided for writs of possession in actions of ejectment; and it shall be the duty of such sheriff thereupon to remove the respondent or respondents in such proceedings, and all persons holding under them, or either of them, from the real estate described in such decree and in such writ, and deliver the possession thereof, with the appurtenances, to such township.
History:
1909, Act 272, Eff. Sept. 1, 1909 ;-- CL 1915, 5131 ;-- CL 1929, 3875 ;-- CL 1948, 128.159
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 272 of 1909 - Enlargement of Township Burial Grounds (128.151 - 128.164) › Section 128.160 - Jury Disagreement; Adjournment, Limit.

128.160 Jury disagreement; adjournment, limit.
Sec. 10.
In case the jury hereinbefore provided for shall not agree, another jury may be summoned in the same manner, and the same proceedings may be had, except that no further notice of the proceedings shall be necessary; but instead of such notice, the judge, commissioner, or justice may adjourn the proceedings to such times as he shall think reasonable, not exceeding 30 days, and shall make the process to summon a jury returnable at such time and place as the said proceedings shall be adjourned to. Such proceedings may be adjourned from time to time by the said judge, or commissioner, or justice, on the application of either party, and for good cause, to be shown by the party applying for such adjournment unless the other party shall consent to such adjournment; but such adjournments shall not in all exceed 3 months.
History:
1909, Act 272, Eff. Sept. 1, 1909 ;-- CL 1915, 5132 ;-- CL 1929, 3876 ;-- CL 1948, 128.160
2023 Michigan Compiled Laws › Chapter 128 - Cemeteries › Act 272 of 1909 - Enlargement of Township Burial Grounds (128.151 - 128.164) › Section 128.161 - Parties to Suit; Proof of Claims; Settlement.

128.161 Parties to suit; proof of claims; settlement.
Sec. 11.
In case the said burying grounds or addition or approach thereto, is encumbered by mortgage, levy, tax sale, or otherwise, as aforesaid, the mortgagee, or other parties claiming to be interested in said title, shall severally be made a party to the procedure as aforesaid, and shall be authorized upon filing of the certificate of the jury in the circuit court of said county, to appear before the circuit judge and make proof relative to their proportionate claims to the said burying grounds, or addition or approach thereto, or the compensation to be made therefor, as determined by said jury. And the said circuit judge shall, by decree, settle their several claims in accordance with the rights of the parties respectively, and may divide the sum awarded by said jury between the claimants as in his judgment will be equitable and right, rendering against said township a separate judgment for each of the amounts so awarded.
History:
1909, Act 272, Eff. Sept. 1, 1909 ;-- CL 1915, 5133 ;-- CL 1929, 3877 ;-- CL 1948, 128.161