Tit. XII, Div. 8, Ch. 7. Control and management. Power to enforce ordinances, etc. Discrimination forbidden. Joint meeting of council and trustees. Joint meetings to make rules, etc. Vote, and record thereof. CEMETERIES. §§ 2537-2542. proportion, and the percentage of taxation for all such cemetery purposes shall be the same in the corporations and townships. [66 v. 212, $380.1 SEC. 2537. The cemetery so owned in common, shall be under the control and management of the trustees, and their authority over the same and their duties in relation thereto, shall be the same as where the cemetery is the exclusive property of a single corporation. [66 v. 212, § 381.] SEC. 2538. The council of any city or village owning a cemetery in common with any other city, village, or township as aforesaid, shall have full power and authority to pass and enforce all ordinances necessary to carry into effect the provisions herein contained, and such as may be deemed necessary for the preservation and regulation of such cemetery and the protection thereof, and for the punishment of any person violating the ordinances, rules, and regulations, relating to such cemetery; and the mayor and police officers of such corporation shall have full and complete jurisdiction and authority to enforce all such ordinances, rules, and regulations, as if such cemetery grounds were located within or owned exclusively by the corporation. [66 v. 212, S 382.] SEC. 2539. No distinction or discrimination of any kind shall be made by the trustees of such cemetery owned in common, in favor of one corporation against another, or in favor of a corporation against a township, or in favor of a township against a corporation, but the affairs of the cemetery shall in all respects be managed as though the same were owned and governed in the interests of the corporation or township alone. [66 v. 213, $ 383.] SEC. 2540. In case of a union for cemetery purposes between a municipal corporation and a township, the council of the corporation and the trustees of the township shall have a joint meeting at the council-chamber of the corporation, on the day of the first regular meeting of the council in the month of May of each year, for the purpose of determining the rate of tax to be levied upon the taxable property of the corporation and the township for the purposes herein required; and upon the passage of a joint resolution by a majority of the members of the council and the trustees, fixing the rate of taxation, it shall be the duty of the clerk of the corporation to certify such rate to the auditor of the county for assessment and collection; and in case there is more than one municipal corporation or township united for such purposes, the councils and trustees of the townships shall become such joint body with the same powers as if there had been one such corporation and township, and the clerk of the corporation containing the greatest number of inhabitants shall certify to the auditor as above provided, the rate of taxation. [66 v. 213, $384.] SEC. 2541. The trustees of such township or townships, or the council or councils of such municipal corporation or corporations, may at any time call a joint meeting of the council or councils and the trustees of the township or townships, on a reasonable notice given by either, for the purpose of making joint rules and regulations for the government of such cemetery, or changing the same, and making such orders as may be found necessary for the application of moneys arising from the sale of lots, taxes, or otherwise. [66 v. 213, § 385.] SEC. 2542. In all joint meetings, each member of the councils and each of the trustees shall have one vote in determining all questions; and the proceedings of all joint meetings shall be recorded by the clerk of the corporation having the greatest number of inhabitants. [66 v. 213, S$ 2543-2549. CEMETERIES. Tit. XII, Div. 8, Ch. 7. mitted to participation, etc. SEC. 2543. Any township adjoining one in which a cemetery is Adjoining townestablished by the union of any of the bodies as hereinbefore provided, ships may be admay, by consent of the trustees of such township and of the council or councils of the corporation, be admitted to an equal participation with the inhabitants thereof in the rights and privileges in such cemetery, upon such terms as may be mutually agreed upon, but the title and control of the cemetery shall continue vested in the corporation, as above provided. [66 v. 214, $ 390.] SEC. 2544. In the establishment of cemeteries as herein provided, any city or village and any township may make use of any public burial ground or cemetery ground which may be held by such city, village, or township, and may make use of any land which such city, village, or township may have acquired by dedication, gift, or devise for burial purposes. [66 v. 213, § 387.] Public burial ground, etc., may be appropriated. etc. SEC. 2545. The council of any city or village, and the trustees of Purchase of lands; any township, may purchase of any cemetery association incorporated improvements, under existing laws, the lands, lots, and improvements of such cemetery association remaining unsold, for cemetery purposes, and take a conveyance thereof; but the purchase money in such cases shall be applied to the payment of the legal debts of such association, and to the embellishment and preservation of the land purchased, and such other purposes as the trustees of the cemetery may direct. [66 v. 213, $388.] inviolate. SEC. 2546. The rights and titles of lot owners, purchased prior to Rights and titles such sale and conveyance, shall not be questioned; and such lot owners shall continue to hold and occupy their lots, under such rules and regulations as shall be adopted for the government and regulation of such cemetery by the authorities making such purchase. [66 v. 214, 389.] SEC. 2547. It shall be the duty of the clerk of the corporation to Clerk shall record plat of ground, record, in a book to be provided for that purpose, a plat of all grounds for cemetery purposes laid out into avenues, walks, paths, and lots, and he shall execute to the purchasers of lots such conveyance as may be necessary to carry into effect the contracts of sale; and such conveyance shall, at the expense of the person receiving it, be recorded in a book to be kept for that purpose, by the clerk of the corporation. V. 214, § 391.] [66 etc. as to cemeteries. SEC. 2548. The council of any city or village owning a public burial- Powers of council ground or cemetery, whether within or without the corporation, may pass and provide for the enforcement of ordinances necessary to carry into effect the provisions of this chapter, and regulate such public burialgrounds and cemeteries, the improvement of the same, and the burial of the dead therein; define the tenure and conditions on which lots therein shall be held; and protect such burial-grounds and cemeteries and all fixtures thereon. [70 v. 274, § 392.] cemetery. SEC. 2549. The council may sell any portion of such cemetery Power to sell grounds not already used for the burial of the dead, which are unsuitable portions of for burial purposes, and purchase with the proceeds thereof other suitable lands lying contiguous thereto; but no such sale shall be made until the council shall have contracted for an equal or greater quantity of land suitable for burial purposes; provided, that the trustees of any cemetery, elected under this chapter, for the purpose of paying any indebtedness, arising out of the purchase or improvement of such cemetery, shall, with the consent of the council of the corporation, where there is no union with any other corporation or township, and where there is such union, with consent of the bodies acting jointly as provided in section twenty-five hundred and forty-one, have power to sell or mortgage such portion of the real estate, belonging to such cemetery, as has Tit. XII. Div. 8, Ch. 7. Burials may be prohibited within corporate limits. Power limited as to villages. Bond may be required of disbursing trustee. Applicability to existing cemeteries. Property in villages exempt from taxation. Conveyance of lands abandoned for cemetery purposes. Council of villages not been used for burial purposes, or as may not be, in the opinion of the trustees, needed for such purposes, and the money arising from such sale or mortgage, shall be applied by the trustees to the payment of such indebtedness, and to no other purpose, except upon such sale where there may be a surplus after the payment of such indebtedness, in which case such surplus money shall be used by the trustees in the improvement of such cemetery grounds, and for no other purpose. [70 V. 274, $392; 64 v. 110.] SEC. 2550. The council may prohibit the interment of the dead within the corporation limits, and, for the purpose of making such prohibition effective, may not only impose proper fines and penalties, but shall also have power to cause any body, interred contrary thereto, to be taken up and buried without the limits of the corporation. [66 v. 214, $393.] SEC. 2551. Villages shall not have the power to prohibit the interment of the dead, in any cemetery in use at the time of the incorporation of such village, except in such portions thereof as may not now be used for such interment. [66 v. 214, § 394.] SEC. 2552. The council may require the trustee who may be authorized to receive and disburse the moneys arising from the sale of lots, or otherwise, to enter into a bond to the corporation, with sufficient sureties, conditioned for the faithful performance of his duty as such trustee, and to pay over all moneys by him received, which shall be filed in the office of the corporation clerk. [66 v. 214, $395.] SEC. 2553. The provisions of this chapter relating to the estab lishment of cemeteries by municipal corporations and township trustees, shall govern cemeteries already so established, so far as the same may be applicable. [66 v. 214, § 396.] SEC. 2554. All property within any village, in which there is a cemetery established and maintained by such village, shall be exempt from taxes for the purchase or maintenance of cemeteries, under the superintendence of the township trustees. [68 v. 74, § 1.] SEC. 2555. When a city or village holds any land or lands within its limits which shall have been used as a cemetery or burial-ground, and in which interments have been prohibited by such municipal corporations, and it shall have been decided to remove the bodies interred therein, it shall be lawful for the council to sell or otherwise dispose of any such land or lands to the purchaser of the same, provided that such sale or other transfer of such land shall not operate to give such purchaser possession of the same until the bodies therein interred shall have been removed from such cemetery, and all monuments and tombstones be removed and re-erected at the place of re-interment of the remains of each person, respectively. [68 v. 124, 1.] SFC. 2556. The council of a village may levy a tax in such amount as it may determine, either to purchase a hearse, or to construct a vault for the dead, for the use of the village, to be under the control of the trustees of cemeteries of the village, where there is such board, otherwise under the control of the council, or a person appointed by it; but the question of levying such tax, for either or both of such purposes, and the amount asked therefor, shall be separately submitted to the electors of the corporation, at a general election, twenty days' notice thereof having been previously given, by posting in at least three public places in the village; the notice shall state specifically the amount to be raised, and for what purpose; and if a majority of all the votes cast at such election is in favor of either or both of such propositions, the same shall be considered adopted, and the tax herein provided for authorized. [75 V. 46, 1.1 $$ 2557-2563. PUBLIC HALLS, ETC. Tit. XII, Div. 8, Ch. 8. SEC. 2557. The electors voting at such election shall have placed Form of ballot. on their ballots the words, "Tax for Hearse-Yes," or "Tax for Hearse-No," and upon the same ballot, "Tax for Vault-Yes," or "Tax for Vault-No," and may vote for one proposition and against the other, or for or against both. anticipation of SEC. 2558. When a tax for erecting a vault has been voted in any Council may village, the council thereof may, in anticipation of such tax, issue the borrow money in bonds of such village in an aggregate amount not exceeding the tax collection of tax. voted, of denominations not less than fifty dollars, bearing interest at a rate not exceeding six per centum, payable not later than two years from the date thereof, and signed by the mayor and clerk of the village; and such bonds shall be paid from the tax so voted, and the proceeds of the sale thereof shall be used solely for the construction of such vault. CHAPTER 8. PUBLIC HALLS, AND OTHER PLACES FOR PUBLIC ASSEMBLAGES. SEC. 2559. The council of any city or village may erect, enlarge, Power to erect improve, and complete any public hall which shall be used for the pub. halls. lic offices of the corporation, and such public and other purposes as the council may authorize. [66 v. 215, $ 401.] etc., of public SEC. 2560. All the power herein conferred on the council in rela- Enlargement, tion to the erection, enlargement, improvement, and completion of any calls. public hall, shall apply to and be conferred on council in the erection, enlarging, improving, and completing any addition to any public hall now owned by the corporation, or which may be hereafter erected. [66 V. 215, § 402.] SEC. 2561. For the complete execution of the powers in this chapter Superintendent, granted, the council may appoint a superintendent or architect, or both, etc., for hall. and such Other persons as may be deemed necessary, and provide for the making of all necessary contracts, and prescribe rules and regula tions for the government of all such employes. [66 v. 216, § 403.] SEC. 2562. Such hall, when completed, shall be under the control Council to have of the council, and the council shall have the same power in relation to control of halls. the preservation and repair thereof as in its original construction or improvement. fourth [66 v. 216, § 404.] when by ballot. SEC. 2563. The electors of a village, or of a city of the third and Decisions as to decide by ballot for or against levying a tax on all the property subject grades of the second class, may, at an annual municipal election, building hall, to taxation in such municipal corporation, for the purpose of erecting a public hall, or for the purpose of improving, enlarging, or making addi Tit. XII, Div. 8, Ch. 8. Union of municipal corporation and township to build hall. Where hall erected; purchase of ground. Leasing hall, or part thereof. Collection of rent, when used for certain purposes. Examination of public hall, etc., as to safety in case of fire. tions to a hall already erected, ten days' notice of such election being given by order of the mayor, at the request of ten freeholders of the corporation, by notice in a newspaper published in, or of general circulation in, such municipal corporation; but this section shall not be construed as a limitation on the powers conferred in the preceding sections of this chapter; and if a majority of the ballots cast at such election is in favor of erecting, improving, enlarging, or adding to such hall, the provisions of sections two thousand five hundred and sixty-one and two thousand five hundred and sixty-two shall thereupon be applicable to such hall. [63 v. 84, 1.] SEC. 2564. The electors of a village, or of a city of the third and fourth grades of the second class, and the electors of the township in which the municipal corporation is situated, holding separate elections, on such notice as is provided for in the preceding section, may, if both so determine by such vote, unite in the erection of such public hall, the notice of the election by the electors of the township to be given by the township clerk, on the order of the township trustees, on the application of ten freeholders of the township not residing in the municipal corporation. [64 V. 140, § I.] SEC. 2565. The hall shall be erected on a public square of the municipal corporation, or elsewhere, as the council and trustees may determine, and for this purpose they may purchase ground; and such purchase may be made, and such hall erected, enlarged, improved, or repaired, and occupied, on such terms and conditions as the council and trustees may agree upon. [64 V. 140, § I.] SEC. 2566. When there is a public hall, erected by taxation, in any city of the second class or village, and the building or any part thereof may not be needed for public business, the council shall lease the building or part thereof, as the case may be, for private offices, lectures, or like purposes, and for such length of time, and upon such terms as shall seem to it proper, and the money received for rents shall be forthwith paid into the treasury of the municipal corporation; and when a municipal corporation and a township have united in erecting such hall as aforesaid, they shall jointly have the same power to lease as above provided, and the amount received shall be divided equitably by the council and the township trustees, and the amount belonging to the municipal corporation shall be paid by the party receiving it, into the corporation treasury, and the amount belonging to the township shall be paid by such trustees into the township treasury. [70 v. 55, § 1.] SEC. 2567. Whenever any such hall building, in whole or in part thereof, or any room or rooms, or parts of rooms therein shall be used or occupied by any city, village, or township officer, or by a justice of the peace, or by any mayor of the city or village, for the transaction of any other business than that required in the administration of public affairs, either by himself, or partner in business, it shall be the duty of the trustees of such township or council of such city or village, or of the council and trustees, acting together, as the case may be, to collect from such public officer or parties in business, such sum for rent as may be just and equitable. [70 v. 55, $ 2.] SEC. 2568. On application of the owner or person having control of an opera-house, hall, theater, church, school-house, or other building, except buildings where secret societies are held, used for public assemblages, in any municipal corporation, the mayor, civil engineer, and chief engineer of the fire department, or if such corporation has no such engineer, the mayor and two members of council, shall carefully make a joint examination of such opera-house, hall, theater, church, schoolhouse, or other building, to ascertain the means provided thereat and |