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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


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.'