Sec. 6. The trustees, at each annual election, shall make reports to the lot proprietors of their doings and of the management and condition of the property and concerns of the association. If the annual election shall not be held on the day fixed in the certificate of incorporation, the trustees shall have power to appoint another day, not more than sixty days thereafter, and shall give public notice of the time and place at which time the election may be held, with like effect as if holden on the day fixed on in the certificate. The office of the trustees chosen at such time, to expire at the same time as if they had been chosen at the day fixed by the certificate of incorporation.

Sec. 7. After its formation in the manner provided in the preceding section, the corporation shall proceed to purchase suitable grounds for the proposed cemetery and to the vendor thereof they are authorized to issue the bonds of the corporation for the amount of the purchase money, bearing interest not exceeding the rate of twelve per cent per annum, but payable out of sixty per cent of the proceeds of the cemetery, as the same shall be realized, and not otherwise. Sixty per cent at least of the proceeds of all sales of lots, plats, or graves, shall be first appropriated to the payment of the said bonds and interest aforesaid, payable at least once in three months to the bondholders, until all are paid, and the residue thereof to be used in preserving, improving and embellishing the said cemetery grounds and the avenues or roads leading thereto, and to defray the incidental expenses of the cemetery establishment; and after payment of the purchase money and interest aforesaid, and all debts contracted therefor, and for surveying and laying out the land, the proceeds of all future sales shall be appropriated to the improvement, embellishment, and preservation of such cemetery, and for incidental expenses, and to no other purpose or object; provided that any association incorporated under this act by the members of the Order of Free and Accepted Masons, the Independent Order of Odd Fellows, or by the members of any other benevolent or charitable society in the city and county of San Francisco, may apply the surplus or net income of such cemetery association to the board of relief or other committee established by such order or society for the purposes of charity. [Amendment, approved Janu

ary 13, 1864; Stats. 1863-64; took effect from passage.]*

Sec. 8. Any person who shall willfully destroy, mutilate, deface, irjure, or remove, any tomb, monument, grave-stone, building or other structure placed in any cemetery of any association incorporated under this act, or any fence, railing, or other work, for the protection or ornament thereof, or of any tomb, monument, or grave-stone, or other structure aforesaid, or of any plat or lot within such cemetery, or shall willfully destroy, cut, break, or injure, any tree, shrub, or plant, within the limits of such cemetery shall be deemed guilty of a misdemeanor, and such offender shall also be liable in an action of trespass, to be brought, in all such cases, in the name of such association, to pay all such damages as shall have been occasioned by his unlawful act or acts. Such money, when recovered, shall be applied, by the trustees, to the reparation, or restoration, of the property so destroyed, or injured.

Sec. 9. Any association incorporated pursuant to this act, may take and hold any property, real, or personal, bequeathed, or given upon trust, to apply the income thereof, under the direction of the

*The original section was the same as the amendment, with the exception that it did not contain the proviso.

924

APPENDIX.

trustees of such association, for the improvement or embellishment of such cemetery, or the erection or preservation of any buildings, structures, fences, or walks, erected, or to be erected, upon the lands of such cemetery association, or upon the lots, or plats, of any of the proprietors; or for the repair, preservation, erection, or removal of any temb, monument, gravestone, fence, railing, or other erection, on or around any cemetery, lot, or plat, or for planting, or cultivating trees, shrubs, flowers, or plants, in or around any such lot, or plat, or for improving or embellishing such ceme tery or any of the lots, or plats, in any other manner or form, consistent with the design and purposes of the association, according to the terms of such grant, devise, or bequest.

Sec. 10. The cemetery lands and property of any association, formed pursuant to this act, shall be exempt from all public taxes, rates, and assessments, and shall not be liable to be sold on execution, or be applied in payment of debts due from any individual proprietors. But the proprietors of lots, or plats, in such cemeteries, their heirs, or devisees, may hold the same exempt therefrom, so long as the same shall remain dedicated to the purpose of a cemetery; and, during that time, no street, road, avenue, or thoroughfare, shall be laid through such cemetery, or any part of the lands held by such association, for the purposes aforesaid, without the consent of the trustees of such association, except by special permission of the legislature of the state.

Sec. 11. Whenever the said lands shall be laid off into lots, or plats, and such lots, or plats, or any of them, shall be transferred to individual holders, and after there shall have been an interment in a lot, or plat, so transferred, such lot, or plat, from the time of such interment, shall be forever thereafter inalienable, and shall, upon the death of the holder or proprietors thereof descend to the heirs at law of such holder or proprietor, and to their heirs at law forever; provided nevertheless, that any one or more of such heirs at law may release, to any other of the said heirs at law, his, her or their, interest in the same, on such conditions as shall be agreed on and specified in such release, which release shall be recorded with the county recorder of the county within which the said cemetery shall be situated: and, provided further, that the body of any deceased person shall not be interred in such lot, or plat, unless it be the body of a person having, at the time of such decease, an interest in such lot, or plat, or the relative of some person having such interest, or the wife of such person, or her relative, except by the con sent of all persons having an interest in such lot, or plat.

Sec. 12. In case the grounds purchased for cemetery purposes, in accordance with section seven of this act, shall have been used as a cemetery previous to such purchase, then those who are lot owners, at the time of the purchase, shall have, and be entitled to, all the privileges they would be entitled to by purchase from a corporation formed as aforesaid.

Act Cited.

Ex parte Bohen, 115 Cal. 573, 47 Pac. 55.

An act supplemental to an act entitled "An act to authorize the incorporation of rural cemetery association," approved April 28, 1859, authorizing such association to erect, purchase, or lease buildings and furnaces and other works for cremation of human bodies; also, to erect or lease buildings in which shall be entombed only the ashes of cremated dead, to make provision for the care of the burial places and ashes of the dead; also to provide for the cremation of the unclaimed dead and bodies liable, if interred, to spread disease.

[Approved March 1, 1899; Stats. 1899, p. 36.]

Section 1. Associations incorporated under the act of which this act is supplementary, shall, in addition to the powers granted by said act, have authority to purchase, lease, or erect buildings and appliances to be used exclusively for the purpose of cremating human bodies, and they may purchase, or lease, and hold land necessary for cremation purposes, or for the erection of columbariums for the entombing of the ashes of the cremated, when inclosed in metal, or stone, or cement vessels, and not otherwise; but no uncremated body shall be interred or placed for any time whatever inside of the walls, or in the walls, of a place where the ashes of the cremated are deposited.

Sec. 2. Such associations shall invest their funds and use the proceeds thereof, after current expenses are paid, for the perpetual care of grounds, lots, buildings, and niches, according to contracts made and to be made with patrons, and in conducting its business such association shall have the same powers granted by law to corporations in general; provided, they shall have no authority to contract any pecuniary obligation whatever, nor shall they have power to levy or collect assessments.

Sec. 3. In case of epidemics or the prevalence of contagious diseases, or otherwise, the proper authorities of any county, city and county, city or town, may order the unclaimed or unknown dead, and the dead who die in public institutions under the control of any county, city and county, city, or town and the dead commonly buried at public expense, cremated, and their ashes immured or otherwise preserved in receptacles in columbariums, or interred in burial places; and human bodies, and parts of bodies, used in medical or other schools (except specimens to be preserved) shall not be cast into the waters of the state, nor on the ground, nor in receptacles for refuse matter, nor in vaults, nor in sewers, but shall either be buried as deep in the ground as is by law required for dead bodies, or cremated, as in this act provided. But the remains of a person shall not be cremated by compulsion, under the provisions of this section, if he or his family, or any member thereof, or his church or spiritual adviser objects.

Sec. 4. A violation of any of the provisions of this act is a misdemeanor.

Sec. 5. This act shall be in force from the day of its passage.

ARTICLE XX.

HOMESTEAD ASSOCIATIONS.

An act to authorize the formation of corporations to provide the members thereof with homesteads, or lots of land, suitable for homesteads.

[Approved May 20, 1861; Stats. 1861, p. 567.] Section 1. Any number of persons, not less than seven, may associate and form themselves into an incorporated company for the purpose of accumulating a fund for the purchase of real estate in large tracts, paying off encumbrances thereon, the improvement thereof, and the subdivision thereof into lots and parcels suitable for homesteads, and the distribution of such lots, or parcels, among the shareholders, or to aid its shareholders in acquiring real estate, making improvements thereon, and removing encumbrances therefrom. Sec. 2. Such persons shall severally subscribe articles of association, in which shall be set forth the name and objects of the corporation, the time not to exceed five years, for which the same is limited to exist, the amount of the capital stock and the number of shares into which. it is proposed to be divided, the number of directors and other officers, their terms of office and duties, and such other regulations as may be necessary to enable the corporation to carry on its business and accomplish its objects, and how amendments thereto may be made.

Sec. 3. A certificate in writing, duly signed and acknowledged by three or more, of the persons proposing to form such corporation, before some officer competent to take the acknowledgment of deeds, in which shall be set forth the corporate name of the association, its objects, the amount of the capital stock and of the fund to be raised, the number of shares, the time of is existence, not to exceed five years, the number of trustees, or directors, who shall manage the concerns of the association for the first three months of its existence, and their names, and the name of the city, town, or county, in which the office, or principal place of business, is to be located, shall be filed in the office of the county clerk of the county in which the office, or principal place of business, is intended to be located, and a copy thereof, duly certified under the hand and seal of such county clerk, in the office of the Secretary of State of the state of California, and thereupon the persons who have subscribed the said certificate, and such other persons as shall become members of such association and their successors, shall be a body corporate, by the name specified in said certificate, and shall possess the powers and privileges, and be subject to the provisions of an act concerning corporations, passed April twenty-second, eighteen hundred and fifty, and the various acts amendatory of and supplemental thereto, so far as the provisions therein contained are consistent with the provisions of this act, and no further; and they shall, by their corporate namre, be capable, in law, of purchasing, holding, and conveying, any personal property, or estate, whatever, which may be necessary to enable said associates to carry on the operations named in such certificate.

Sec. 4. It shall be lawful for the trustees to call in and demand from the shareholders, respectively, all such sums of money by them

subscribed, at such times and in such payments or installments as the articles of association shall prescribe, under the penalty of forfeiture of the shares of stock subscribed for, and all deposits, assessments, and previous payments, made thereon and toward the principal funds of the association, and the property acquired therewith and owned by the association, if payment shall not be made by the stockholder within ten days after a personal demand or notice requiring such payment shall have been published at least thirty days in a newspaper of general circulation in the city, town, or county, where the office or principal place of business of such corporation is located, or in the newspaper published nearest to the place where the business of the company shall be carried on as aforesaid; but the articles of incorporation may prescribe other penalties than such forfeiture upon such failure to meet the payments of deposits, assessments, and installments, in which case such provisions shall govern and may be legally enforced. No holder of shares shall claim to be exempt from making monthly or other payments provided for in the articles of association, or installments upon the. said shares, upon the ground that amounts have been paid by said shareholder as fines for the nonpayment of dues, or other violation of the articles of association, or of any premium for loans made to members, or advance price for property bid by such member. [Amendment, approved April 4, 1864; Stats. 1863-64, p. 492; took effeet immediately.]*

Sec. 5. All corporations formed under this act shall have power. to borrow money for temporary purposes not inconsistent with the objects of their organization, and to loan to their own members, or other persons, any moneys belonging to such corporation and not needed for immediate use; but no loan for such purpose shall have. a larger duration than two years; nor shall such indebtedness exceed at any one time one-fourth of the aggregate amount of the shares and parts of shares, and the income thereof actually paid in and received. Such corporation, however, for the purpose of completing the purchase of land to be subdivided and distributed among the shareholders, may borrow upon the security of their shares, or the land so purchased, or the land owned and held by them at the time of making such loan or loans, any sum, or sums, of money which, together with the interest to grow due thereon, shall not exceed ninety per cent of the amount subscribed by the shareholders, and still remaining to be paid in upon the shares; but no loan shall be taken for a longer period than the time limited in the articles of association for the existence of the corporation, nor shall the interest to be paid upon such loans ever be compounded, or exceed, in the aggregate, the rate of twelve per centum per annum.

Sec. 6. Parents and guardians may take and hold shares in such associations in behalf and for the use of their minor children, or wards; provided, the cost of such shares, and the amount of deposits and assessment thereon be paid from the personal earnings of such minor children, or wards, or by gifts from persons other than their male parents. Married women may take and hold shares in such associations; provided, the cost of such shares, and the amount of deposits and assessments be paid from their personal earnings, the personal earnings of their children, voluntarily be

*The original section was the same as the amendment, except that it provided that the stockholder should pay within "thirty days" after personal demand or notice should have been published at least "ten days."