272 
PARK AND CEMETERY 
quired or may hereafter acquire land by 
purchase, deed, will, or otherwise, and 
shall have platted, mapped, and used said 
land for cemetery purposes, may, when 
necessary, acquire additional land adjoin- 
ing and abutting on such cemetery by con- 
demnation proceedings.” But “no such 
land sought to be condemned shall be or 
lie within the corporate limits of any city 
or village.” 
Petition for leave to condemn land must 
be verified by affidavit and be filed in the 
county clerk’s office, and directed to the 
judge of the county court. The petition 
“shall contain a description of the ceme- 
tery, its location, as already established 
and in use, a statement of the number of 
lots sold, and the number yet unsold, a 
description of the land sought to be ac- 
quired by condemnation, its location with 
regard to dwelling houses in the vicinity 
and state the reasons for filing the petition 
and asking for condemnation proceedings.” 
On filing the petition, notice in writing 
must be served on the owners of the land 
to be condemned, if he or they reside in 
the state. The notice must state a day, not 
less than ten days after the service, when 
the petition will be heard, and also state 
the court where it will be heard, describe 
the ground to be condemned and state the 
object for which it is to be used. If the 
owner or owners cannot be found, or if 
they do not reside in the state, the notice 
may be given by publication in a newspaper 
of general circulation in the county, once 
each week for four successive weeks, or in 
case no such paper is published in the 
county, then by posting four notices in four 
of the most public places of the county, at 
least four weeks prior to the day of hear- 
ing of the petition. 
The owner or owners of the land sought 
to be condemned may file objections with 
the clerk of the county court, on or before 
the day designated for the hearing in the 
notice. If the objections are properly veri- 
fied, the county judge must consider them 
in connection with the petition. 
If the county judge “considers the peti- 
tion should not be granted,” the right to 
file petition for condemnation shall be 
denied. If he finds “that the best interest 
of all concerned will be subserved by grant- 
ing such petition,” he shall enter an order 
“directing the petitioner to file its petition 
not less than ten nor more than sixty days 
from the date of such approval.” Condem- 
nation is to be made under the same stat- 
utes governing condemnation of lands for 
other purposes. 
PROVISIONS COMMON TO ASSOCIATIONS AND 
COMPANIES. 
Rev. Stat. 1913, pp. 158, 159. — “That any 
burial lot in any cemetery controlled by 
any company or association incorporated 
for cemetery purposes under any general 
or special law, . . . may, by the owner or 
owners, be conveyed or devised back to 
and held by such company or association 
in perpetual trust for the purpose of its 
preservation as a place of burial, and shall 
thereafter remain forever inalienable by 
act of the parties, but the right to use the 
same as a place of burial of the dead of 
the family of the owner and his descend- 
ants shall descend from generation to gen- 
eration unless the deed of conveyance in 
trust shall provide that interments in such 
lot shall be confined to the bodies of speci- 
fied persons, in which case such lot shall 
be forever preserved as the burial place of 
the persons specified in the deed and shall 
never be used for any other purpose what- 
ever.’’ When there is a special corpora- 
tion or board of trustees created to admin- 
ister improvement funds for the ceme- 
tery, the conveyance in trust above men- 
tioned may be made to such corporation 
or board. But no such conveyance may be 
made without the consent of the associa- 
tion or corporation in whose cemetery the 
burial lot affected is situated. 
Every incorporated cemetery association 
or company “may receive by gift, devise, 
bequest, or otherwise, moneys or real or 
personal property, or the income or avails 
of such moneys or property, in trust, in 
perpetuity, for the perpetual and perma- 
nent improvement, maintenance, ornamen- 
taion, repair, care and preservation of any 
Inirial lot or grave, vault, tomb, or other 
such structures, in any cemetery owned or 
controlled by such cemetery company or 
association, upon such terms and in such 
manner as may be provided by the terms of 
such gift, devise, bequest, or other convey- 
ance of such moneys or property in trust 
and assented to by such company or asso- 
ciation, and subject to the rules and regu- 
lations of such company or association, 
and every such company or association 
. . . may make contracts with the owner 
or owners or legal representatives of any 
lot, grave, vault, tomb, or other such struc- 
ture in such cemetery, for the perpetual 
and permanent improvement, maintenance, 
ornamentation, care, preservation and re- 
pair of any such lot, grave, vault, tomb, or 
other such structure.’’ 
NECES.SARY LAND MAY BE HELD. 
Rev. Stat. 1913, p. 158. — “All cemetery 
associations, or companies incorporated for 
cemetery purposes, by any general or spe- 
cial law of this state may acquire by pur- 
chase, gift or devise, and may hold, own 
and convey for burial purposes only, so 
much land as may be necessary for use as 
a cemetery or burial place for the dead.” 
Laws 1915, pp. 660-670, deal with the 
official registration of deaths. A copy of 
this act can probably be obtained on appli- 
cation to the secretary of the State Board 
of Health. Cemeteries are specially af- 
fected by section 11 of the act, which pro- 
vides : 
“That no dead human body or part 
thereof shall be received by any person in 
charge of any premises in which inter- 
ments and other disposition of human bod- 
ies are made unless said body or part 
thereof is accompanied by a burial permit. 
issued by any local registrar as herein pro- 
vided. Each person in charge of any bur- 
ial ground or other place of disposition of 
human bodies shall keep a record in a 
book provided for the purpose, of each in- 
terment or other disposition of a human 
body made in the cemetery * * * . Such 
register or record shall be in the form 
prescribed by the State Board of Health 
and shall at all times be open to the inspec- 
tion of said Board, the local registrar or 
their duly authorized representatives.” 
Persons in charge of cemeteries “shall file 
the burial or removal permit with the local 
registrar of the district in which the inter- 
ment is made within three days from the 
date of the receipt of such body, and shall 
immediately report any violations or at- 
tempted violations of this Act to the local 
registrar of his district.” If there be no 
person in charge of the burial ground, the 
permit is to be signed by the undertaker, 
with a statement “No person in charge,” 
and file it with the registrar. 
RECORDING BURIALS OF SOLDIERS AND SAILORS. 
Laws 1915, p. 242, as amended by Laws 
1917, p. 125. — “Every person, firm or cor- 
poration owning or controlling any ceme- 
tery or burial place . . . shall by itself, 
his or its, superintendent or agent file with 
the county clerk of the county in which 
the body of any person who has served in 
the military or naval services of the United 
States is buried a certificate stating the 
name of such person, the military or naval 
service in which he was engaged, the num- 
ber of the regiment and company, if a 
soldier, and of the command if a sailor or 
marine ; the rank and period of service 
with the name and location of the ceme- 
tery and the location of the grave in such 
cemetery.’’ 
Blanks for making such certificates are 
obtainable from the county clerk. The 
clerk may charge a 25 cent fee for filing 
and recording the certificate, payable by 
the cemetery. 
The Woman’s Relief Corps is authorized 
to collect the data above mentioned and 
file the necessary certificates. IMore than 
one may be included in a certificate, and 
if convenient the names of all the soldiers 
and sailors buried in a single cemetery or 
county may be included in a single certifi- 
cate. The county clerk may charge 50 
cents per folio for certificates containing 
more than one name and more than one 
folio. 
To locate such burial places and report 
them to the United States government for 
erection of headstones, the Adjutant Gen- 
eral shall employ a suitable person for twcv 
years, to inspect the cemetery records above 
mentioned, and to visit the cemeteries of 
the state and by other reliable means to 
locate such burial places. Such person 
shall superintend the transportation of 
monuments or headstones furnished by the 
government, and their erection. $10,0(l(t is 
appropriated for the two years, to cover 
the employe’s annual salary of $1,800, trav- 
