314 
graves at the time of application for title 
to the same, and so much in addition there- 
to as may reasonably be necessary for their 
proper ornament, and to protect them from 
desecration : and for convenient ingress and 
egress to and from said lands, and, in addi- 
tion thereto, such reasonable quantity of 
adjoining lands as the public convenience 
of the neighborhood may from time to time 
require for burial purposes. In case of dis- 
agreement as to the quantity of land to be 
so acquired, or as to its value, provision is 
made for a determination by the township 
trustee, and recording of his certificate with 
the county recorder. 
INCORPOR.VTING EXISTING GROUNDS 
Sec. 4433. — “Whenever a majority of the 
persons resident in any county, owning 
burial lots in any cemetery (public or pri- 
\ ate ) therein, hereafter laid out and record- 
ed. or now laid out and recorded, and in 
which a portion of the lots, thus laid out, 
are occupied for the Inirial of the dead 
( which fact may lie shown by affidavit of 
one of the owmers thereof), desire to have 
the same incorporated, they may petition 
the board of commissioners of the county 
wherein such cemetery is situated.” Provi- 
sion is made for the time and place of 
filing the petition, its contents, and the 
giving of notice of its hearing, etc. 
Sec. 4434. — If the steps are all regular, 
the county commissioners must grant the 
petition, designating the number of direct- 
ors to be chosen, not less than three nor 
more than nine, and prescribing then, where 
and how' they shall be selected. 
Sec. 4435. — In electing directors, each lot 
owner is entitled to cast one vote for each 
lot owned by him. A majority of votes de- 
termines the election, and a certificate of 
election is to be filed with the county re- 
corder. The directors’ term of office is two 
years, and until their successors qualify. 
Vacancies are filled by the remaining di- 
rectors. Biennial elections are required, 
under such regulations as may be made 
from time to time. 
Sec. 443(i. — The directors must choose a 
president, vice president, secretary and 
treasurer, and such other officers as in their 
judgment are necessary, whose duties, pow- 
ers and obligations the directors may regu- 
late. “Such directors are empowered to 
assess, levy and collect such assessments on 
the lots of any cemetery incorporated under 
this act, for the purpose of improving, 
maintaining, protecting and enlarging its 
boundaries, beautifying its grounds or for 
enhancing its convenience, as in their judg- 
ment are desirable. Such assessments may 
be collected b}- suit or sale of lots on which 
assessments have not l)een paid, according 
to the regulations made and ordered by 
said directors.” But assessments totalling 
more than twenty per cent of the value of 
a lot must not be made in any one year. 
Sec. 4437. — Incorporation is complete on 
filing of certificate of election of directors 
and officers and recording of the associa- 
P ARK AND CEMETERY 
tion’s seal with the county recorder. One 
person may hold more than one office in 
such association unless duties conflict. The 
directors may make such additions to ceme- 
tery grounds, laying the same out into lots, 
as interest may demand. 
Sec. 4437a. — Legalizes existence and pow- 
ers of associations w'hich have existed for 
thirty years or more, notwithstanding de- 
fects in their organizations, declaring that 
the lot owmers may continue as an associa- 
tion, with all the rights and powers of a 
regularly organized association, including 
the pow'er to condemn additional lands ; 
and validates all conveyances made to such 
defectively organized associations. 
TOWNSHIP trustees’ DUTIES. 
Sec. 4438. — Cemeteries within townships, 
when abandoned and not under the control 
of an organization, association or individ- 
ual bound to care for the same, shall he 
under the care and supervision of the town- 
ship trustee. 
Sec. 4439. — He must keep such grounds 
in "respectable condition, by fencing, wh'n 
there is no fence, by keeping the weeds, 
briars and lirush mow'ed and cleaned np." 
CONVEYING COUNTY CEMETERIES. 
Secs. 4439, 444tl. — Where a majority of 
persons residing in a county, being heads 
of families whose dead are buried in a 
cemetery under control of the county com- 
missioners, shall, either themselves or with 
others, form a cemetery corporation, the 
commissioners, on petition of such persons, 
may convey the cemetery to such associa- 
tion. The petitioners must furnish bond to 
keep the cemetery in good order and to 
honestly and faithfully manage the same. 
“Such cemetery association may thereafter 
hold and control such cemetery, ornament, 
beautify, and improve the same, and pur- 
chase additions and sell lots therein, and 
assess all lots therein for the care, im- 
provement, maintaining, and beautifying of 
such cemetery ; and, for such purpose, it 
shall have all the powers and authority 
heretofore by law vested in any association 
organized under any statute of this state 
for the purpose of maintaining or manag- 
ing cemeteries.” 
COMBIN.XTION OF .\SSOCI ATIONS. 
Secs. 444l)a-4449e. — When the lands of 
two or more cemetery associations are 
contiguous, they may unite under one cor- 
poration for the management of such cem- 
eteries. Petitions for consolidation are 
filed with the county commissioners, and 
notice of hearing thereon published in a 
new'spaper. On proper showing, the com- 
missioners must order the consolidation 
under the new name adopted by the merg- 
ing associations. New directors are elected 
by joint action of the directors of the con- 
solidated associations to serve for the first 
year, after which directors are to be cho- 
sen as in the case of other associations. 
Each lot owner of the old associations au- 
tomatically becomes a member in the new 
corporation, which succeeds to all of the 
rights of the associations merged. The 
treasurer of the new corporation receives 
from the old treasurers the funds belong- 
ing to their associations respectively. 
improvement of APPRO.ACHES and GROUNDS. 
Sec. 4441. — Cemetery authorities are au- 
thorized to use proceeds of lot sales and 
assessments to improve approaches or roads 
to their cemeteries, not exceeding a dis- 
tance of one-half mile from the cemetery. 
Secs. 4441a, 4441b. — “It is hereby made 
the duty of every corporation, organiza- 
tion, association or individual owning and 
having the control of any public cemetery 
located in any township in this state to 
keep the same in a respectable condition 
by fencing where there is no sufficient fence 
and by keeping the fences in good repair 
and by keeping the weeds mowed.” Viola- 
tion of this requirement is punishable by a 
fine of not more than $100 for each year 
the cemetery is neglected. 
CONDEMNING LAND FOR CEMETERY PURPOSES. 
Sec. 4442. — “Whenever in the opinion of 
the common council of any city or the 
board of trustees of any incorporated town, 
or the trustees of any corporation, owning 
or controlling a public cemetery, or * * * 
desiring to own or control a public ceme- 
tery, where such grounds have not been 
theretofore appropriated, or set apart by 
the owners by platting for public cemetery 
purposes, in any county in Indiana, it be- 
comes necessary to purchase such real 
estate for cemetery uses, such common 
council or such trustees may file a petition 
in the circuit court of said county, asking 
for the appointment of appraisers to ap- 
praise and assess the value of said real 
estate. * * * Where any cemetery soci- 
ety has heretofore regularly caused its. 
articles of association to be recorded in 
either of the miscellaneous mortgages or 
deeds records of its county, such organiza- 
tion is hereby legalized.” 
(The power of the legislature to so pro- 
vide for the condemnation of land for 
cemetery purposes was upheld by the In- 
diana Supreme Court in the case of Fame- 
man vs. Mt. Pleasant Association, 135 Ind. 
344, 35 N. E. 271.) 
Secs. 4443, 4444. — The owners of the real 
estate to be appropriated must be given ten 
days’ notice of the pendency of the petition, 
and then the court may appoint three free- 
holders, residents of the township in which 
the land lies, to make the appraisal. Pro- 
visions are made for taking of oath by ap- 
praisers, examination of the land, and re- 
port of the appraisement made. 
investment of funds. 
Sec. 4445. — Incorporated cemetery asso- 
ciations “may from time to time loan so 
much of their funds as may be deemed 
advisable; and it shall be lawful for such 
cemetery association, with other securities 
provided by their articles of association, to 
loan their funds upon real estate mortgage 
securities, and to purchase said real estate 
