deemed guilty of a misdemeanor, and also liable in trespass to the association for all damages, the money recovered to be applied by the trustees in restoring or repairing the property destroyed or injured. (Ib., Sec. 8.)

§ 1128. By the laws of California, it is also provided that any person or persons who shall enter or molest the inclosure of a public grave-yard, for agricultural, mining or any other purpose, or shall disinter, mutilate or remove the body of any deceased person, after the same has been interred in any grave-yard, vault, or other place of burial, will be deemed guilty of a misdemeanor, and, upon conviction thereof in a court of competent jurisdiction, will be imprisoned in the State prison not less than two years. This provision, however, is not to be construed to prevent the relatives or their agents from removing the body of a deceased relative or friend. (Wood's Digest, Laws of Cal., 1850-1860, Ch. 38, Sec. 1.)

§ 1129. It is also provided that any person who shall tear down or destroy any fence or inclosure around a public burying-ground or grave-yard, or cause the same to be torn down or destroyed, or remove any shade, ornamental or other trees, unless by direction of the proper authorities, shall be adjudged guilty of a public offense, and, upon conviction thereof, before any justice of the peace or recorder of any incorporated city, shall be punished by imprisonment in the county jail, not less than two nor more than six months, or by fine of not less than one hundred dollars nor more than five hundred dollars, or by both such fine and imprisonment. Grave-yards located on public lands must not contain more than an area of five acres. Where the bodies of six or more persons are buried it is declared a public grave-yard. (Ib., Secs. 2, 3 and 4.)

§ 1130. In the State of Oregon, they do not appear to have any laws for the incorporation of cemetery associations, or for the establishing, protecting and regulating burial-places. They will, therefore, be governed by the common law rules upon the subject in that State. It is, however, declared by statute that if any person shall willfully and wrongfully destroy, mutilate, deface, injure or remove any tomb, monument, grave-stone or other structure or thing erected, placed or designed for a memorial of the dead, or any fence, railing, curb or other thing intended for the protection or ornament of any such tomb, monument, grave-stone or other structure, or for the protection or ornament of any enclosure or yard for the burial of the dead, or shall willfully and wrongfully destroy, remove or injure any tree, shrub or plant placed or being within any such inclosure or yard, such person, upon conviction thereof, shall be punished by imprisonment in the county jail not less than three months nor more than one year, or by fine not less than fifty dollars nor more than one thousand dollars. (Gen. Laws 1845-1864, Ch. 48, Sec. 641.)

§ 1131. It is also provided that if any person shall, without authority specially granted by law, or without the authority or consent of the proprietor or owner, open or make any highway, street, road or other thing in the nature of a public easement, over, in, through or upon any inclosure or yard used for the burial of the dead, or shall begin to open or make any such public easement, with reference to such inclosure or yard, such person, upon conviction thereof, shall be punished by imprisonment in the county jail not less than three months, nor more than one year or by fine not less than one hundred, nor more than five hundred dollars. (Ib., Sec. 642.)

CHAPTER LXXXIII.

BURIAL-GROUNDS IN MARYLAND CORPORATIONS, HOW FORMEDTHEIR POWERS-MANAGERS, AND THEIR ELECTION-PENALTIES FOR TRESPASS TO-BURIAL-GROUNDS IN VIRGINIA-SAME IN NORTH CAROLINA, GEORGIA, ALABAMA, MISSISSIPPI, TENNESSEE, KENTUCKY, MISSOURI, LOUISIANA, ARKANSAS AND TEXAS.

§ 1132. In the State of Maryland it is provided that when any seven or more free white persons, citizens of the United States, and a majority of them citizens of the State, shall associate themselves for the purpose of forming a cemetery company, they may be incorporated and become a body politic, by executing, under their hands and seals, or under the hands and seals of at least seven of such association, an instrument in writing, specifying the name, style and title by which they shall be known in law, the number and names of the managers of such company, the amount of capital stock thereof, the number of acres to be held by said company, and where situated, and by acknowledging such instrument, and procuring the same to be recorded in the office for the recording of deeds in the county or city, in a book provided for the purpose. (1 Maryland Code, Art. XXVI, Secs. 11 and 20.)

§ 1133. The corporation thus formed will have power to purchase and hold not exceeding one hundred acres of land, and to receive gifts and bequests for the purpose of orna menting and improving such cemetery, and to hold such personal property as may be requisite to carry out the purposes for which cemetery companies are formed; no such company, however, is authorized or empowered to purchase or hold or use, for the purposes of burial, any ground that is comprised [Tr.]

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within the limits of any city or town in the State, unless the corporate authorities of such city or town authorize the same. (Ib. Sec. 21.)

§ 1134. The corporation may annually elect the managers from its members, by a majority of the votes of the proprietors, at such time and place as its by-laws may specify. The managers have power to fill all vacancies in their body; to lay cut and ornament the cemetery grounds; erect necessary buildings, sell and dispose of burial lots; appoint all necessary officers and agents, and fix their respective duties and compensation; and make such regulations as they may deem proper for conducting the affairs of the corporation, for the government of lot holders, visitors of the cemetery, and for the transfer of stock and the evidence thereof. In all elections each proprietor or holder of stock is entitled to one vote for each share of stock held by him. (Ib., Secs. 22, 23 and 24.)

§ 1135. No lanes, alleys or streets, roads, canals, or public thoroughfares of any sort, can be opened through the property of such corporation, used or appropriated for the purpose of burial; the corporation is not authorized, however, to obstruct any public road, street or lane, actually opened and used as such at the time of the incorporation, or there laid down in any plat made by authority of any city or town, to be opened as a street or road. (Ib., Sec. 25.)

§ 1136. Every burial lot sold or conveyed in such cemetery must be held by the proprietors thereof for the sole purpose of sepulture, and for none other, and will not be subject to attachment or execution for debt, or affected by the insolvent laws of the State; but the estate of the owner or owners in their respective lots will descend as real estate to heirs, and may be devised by will, or disposed of by the owner by sale, with the approval of the president and mana

gers of the corporation. A certificate, under the seal of the corporation, of the ownership of any lot sold and conveyed, will in all respects have the effect which any conveyance from such corporation of said lot would have if executed, acknowledged and recorded as conveyances of real estate are by the laws of the State required to be. (Ib., Secs. 26 and 27.)

1137. The statute declares that any person who shall willfully destroy, mutilate, deface, injure or remove any tomb, monument, grave-stone or other structure placed in such cemetery, or any fence, railing or other work for the protection or ornament of said cemetery, or shall willfully destroy, cut, break or remove any tree, plant or shrub within its limits, or who shall shoot or discharge any fire-arms within said limits, shall be considered guilty of a misdemeanor, and upon conviction thereof, before any justice of the peace, shall be punished by fine, in the discretion of the justice, according to the aggravation of the offense, not less than five nor more than fifty dollars. (Ib., Sec. 25.)

§ 1138. The statute further provides that the managers of any such corporation shall be jointly and severally liable for all debts due from such corporation, contracted while they are managers; provided such debts are payable within one year from the time they shall have been contracted, and that suit for the collection of the same shall be brought within one year after the debt shall become due and payable. (Ib., Sec. 29.)

§ 1139. By the terms of the law, none but free white citizens of the United States can become incorporated and have the powers and benefits of a cemetery association, but, as slavery is now abolished in the State, it is fair to presume that people of color will soon have all those privileges ex