P.L.1737 ch. 99
INCORPORATING OF CEMETERIES
119
CHAP. 99
Sec. 3. R.
S., c. 53, § 23, amended.
Section 23
of chapter 53 of the revised statutes, as amended by section 5 of
chapter 200
of the public laws of 1933, is hereby further amended to read as
follows:
'Sec. 23.
Scales to be sealed before use. No person,
firm or corporation shall use any weights, measures, scales,
steelyards, beams,
or other weighing or measuring device or balances or any weighing
or measuring
devices having a device for indicating or registering the price, as
well as the
weight or measure of a commodity, except meters for measuring water,
gas or
electricity supplied by companies subject to regulation by the public
utilities
commission, until they are sealed by a public sealer of weights and
measures.
Whoever violates any of the provisions of this section shall be
punished by
the penalties provided for in section 25 of chapter 53.'
Ap'proved
March 31, 1937.
Chapter 98
AN ACT
Regulating Pledge of Assets by Trust Companies.
Be it
enacted by
the
People of the State of Maine, as follows:
R. S., c.
57, § 6I-F,
~ 3, amended.
Paragraph 3
of section 61-F of chapter 57 of the revised statutes as enacted
by chapter
276 of the public laws of 1933, is hereby amended to read as follows:
'(3) Funds
deposited by fl: any bank or
trust company in its own commercial
department bank, which
funds are
being held by such bank and or
trust company in a fiduciary capacity and are being deposited by it pending investment or
distribution.
Approved
April 2, 1937
~
Chapter 99
AN ACT
Relating to the Incorporating of
Cemeteries, and the Operation of Burying Grounds, Burial Structures,
and the
Disposal of Dead Human Bodies.
Be it
enacted by
the
People of the State of Maine, as follows:
Sec.
I. R. S., c.
56, § 8, amended.
Section 8 of
chapter 56 of the revised statutes is hereby amended to read as
follows:
Sec. 8.
Purposes. Three or more persons may
associate themselves
.
~
together
by written articles of agreement, for the purpose of forming a
corporation
with one or more classes of stock either with or without par
|
INCORPORATING
OF CEMETERIES |
120 CHAP. 99
value to
carry on any lawful business anywhere, including
corporations for manufacturing, mechanical, mining or quarrying
business; and
also corporations whose purpose is the carriage of passengers or
frejght, or
both, upon the high seas, or from port or ports in this state to a
foreign port
or ports, or to a port or ports in other states, or the carriage of
freight or
passengers, or both, upon any waters where such corporations may
navigate; and
excepting corporations for banking, insurance, the
ownership, maintenance or operation of a cemetery or
cemeteries, the constructions and operation of railroads or
aiding the
constructions thereof, and the business of savings banks, trust
companies, loan
and building associations, or corporations intended to derive
profit from the
loan of money except as a reasonable incident to the transaction
of other
corporate business or where necessary to prevent corporate funds from
being
unproductive, and safe deposit companies, including the renting of
safes in
burglar-proof and fireproof vaults; but corporations may al~ be
formed
hereunder to exercise the following corporate purposes in other states
and
jurisdictions, namely: the construction and operation of railroads or
aiding in
the construction thereof, telegraph €H' and
telephone companies, and gas or electrical companies, and in all
such cases,
the articles of agreement and certificate of organization shall state
that such
business is to be carried on only in states and jurisdictions when and
where
permissible under the laws thereof, and such corporations heretofore
organized
for the transaction of such business in other states or jurisdictions,
if
otherwise legally organized and now existing, are hereby declared to be
corporations under the laws of this state.
Nothing
herein shall be
construed to prevent the organization of agricultural credit
corporations
organized to carry out the provisions of the federal farm loan act,
enacted by
the 67th Congress of the United States, chapter 252, and
acts amendatory thereof and additional thereto and which become such
corporations under the provisions of said federal farm loan act. Such
agricultural credit corporations shaIl not be deemed banking
corporations or
institutions.'
Sec. 2. R. S., c. 24, § I, amended.
Section I of chapter 24 of the
revised statutes is
hereby amended to read as follows:
'Sec. 1. Incorporation.
Persons of lawful age may
incorporate organize themselves into a non-pro fit-sharing
corporation
for the purpose of purchasing land for a burying ground, and for the
purpose of
owning, maintaining and operating a cemetery or cemeteries, as provided
in
sections I and 2 of chapter
70, and may proceed in the manner and, except
as herein restricted, with the powers provided in section 3 of said
chapter.'
Sec. 3. R.
S., c. 24, § 20, amended.
Section 20 of chapter 24 of the
revised statutes is
hereby amended to read as follows:
INCORPORATING OF CEMETERIES
121
CHAP. 99
'Sec. 20. Incorporation
of public cemeteries; exemption from attachment and taxation. Any
7 or more
persons may
be
incorporated, not for profit, in the manner provided in sections
I and 2
of chapter 70, for the purpose of owning, managing and protecting lands
and
their appurtenances appropriated for public cemeteries; and the
property of
such corporations and the shares of stock therein are exempt from
attachment
and taxation.'
Sec. 4. R.
S., c. 70, § I, amended.
Section I of chapter 70 of the revised statutes is hereby amended to
read as
follows:
Sec. 1. Organization.
When 7 or more persons desire to be incorporated as proprietors of
a social,
military, literary, scientific, or county law library; as a Masonic
lodge or
chapter of any order or degree; as a Masonic association consisting of
members
of different orders or degrees; as a lodge of the Independent Order of
Odd
Fellows; as a lodge of the Knights of Pythias; as a tribe of the
Improved Order
of Redmen; as a division of the Sons of Temperance; as a tent of the
Rechabites; as a grange of Patrons of Husbandry; as a Council of the
Sovereigns
of Industry; as a lodge of the Benevolent and Protective Order of Elks;
as a
Grand Army Post; as an American Legion Post, as a Council of the Boy
Scouts of
America; as a relief or benefit association for mutual assistance; as a
cemetery
association; as a monument or memorial association; as a society
to promote
temperance; as a village improvement society; as an association
for the promotion
of good municipal government; as a chamber of commerce or board of
trade; as a
yacht club; or for the purpose of preserving and maintaining a
family
homestead and the rights of descendants and of members of the family
therein;
or for any literary, scientific, musical, charitable, educational,
social,
military, agricultural, moral, religious, or benevolent purpose,
they may
apply in writing to any justice of the peace in the county, who may
issue his
warrant, directed to one of said applicants, requiring him to call a
meeting
thereof at such time. and place as the justice may appoint.'
Sec. 5. R.
S., c. 24, additional.
Chapter 24 of the revised statutes is hereby amended, by adding thereto
the
following new sections to be numbered sections 2I-A, 2I-B, and
2I-C, and to
read as follows:
Sec. 21-A.
Ownership
and operation. Every
cemetery hereafter established shall be owned, maintained or
operated by (I)
a
municipality, or other political
subdivision of the state, (2) a church, (3)
a
religious or
.charitable society, or (4) by a cemetery association 1ncorporated as
provided
in sections 2
or
3 of this act. Every such cemetery
shall be located in accordance with statutes already in force and
effect, and
only after consent for such location has been obtained from the
municipality,
or other political subdivision, where the same is proposed to be
located, as
well as from the bureau of health; and no cemetery, community
mausoleum,
..;,.
122
INCORPORATING
OF CEMETERIES
CHAP. 99
crematory
or columbarium here3;fter established shall be maintained or
operated for
the purpose of private profit or gain, either
directly or indirectly, to any director, officer or member of the
cemetery
association or other agency owning, maintaining or operating the same,
or of
any holding company or development company employed to develop, build
and
dispose of the same. A
cemetery lawfully established prior to the passage of this act may
continue to
be owned, maintained and' operated under the form of organization
adopted
therefor. Any corporation organized prior to the effective date
of this
act which is authorized' or empowered to own, construct, maintain
or operate
cemeteries or burial grounds may lawfully own; construct, maintain or
operate
mausoleums, crematories or columbaria .in connection therewith, in
accordance
with the laws existing and effective up to the time of the effective
date of
this act.'
'Sec. 21-B.
Sales for speculative QI investment purposes' prohibited.
The sale of
cemetery lots and plots, or the sale of crypts
in a community mausoleum or niches in a columbarium, for speculative or
financial investment purposes, or the conveyance of any Portion of
a cemetery
already dedicated to burial purposes as security for debt, is hereby
prohibited,
and every such conveyance, whether made by a person, or by a cemetery
association,
or company or association owning and operating a community mausoleum,
crematory
or columbarium, or by any holding, development or subsidiary company,
shall be
void and of no effect. Whoever makes or attempts to make a sale or
conveyance
contrary to the provisions of this section shall be guilty of a
misdemeanor and
punishable as provided in section 10 of this act. The provisions of
this
section shall not apply to any cemetery now organized and operating.'
'Sec. 21-C.
Care of
cemeteries. The proceeds of the sales of lots and plots in a cemetery
shall be
applied solely to the management, superintendence, improvement and
maintenance
of the cemetery and the avenues, paths and structures situated therein,
far the
purchase of additional cemetery land, and far the accumulation of
a permanent
care and improvement fund. If any indebtedness of a fixed amount is
incurred in
the purchase of lands far such cemetery, or in making any improvement
therein,
a sum not exceeding 50% of the grass receipts from the sale of burial
lots and
plats may be applied to the liquidation of such indebtedness. All
moneys
received from the sale of personal property and surplus real estate of
a cemetery
shall be applied first to. the liquidation of any fixed indebtedness
incurred
by it an account of the purchase or improvement of the lands dedicated
to.
cemetery purposes, and any residue remaining after the liquidation
of such.
indebtedness shall be deposited in the permanent care and improvement
fund of
the cemetery. The provisions of this section shall not apply to. any
cemetery
now organized and operating.'