PARK AND CEMETERY, 
97 
on the express condition that they be used only for bui ial pur 
poses. The commissioners reasoned that when the condemna- 
tion proceedings rendered the different lots unfit for bin i ds the 
title to the same reverted to the original owner, who alone 
should be entitled to damages. The people who are complain- 
ing are those who held lots in which there were no interments. 
| -^^CORRESPONDENCE.i 
A correspondent sends the following : A lot owner in a 
cemetery permits a friend to bury the body of a child therein. 
It is probable that there had been some discussion between the 
parties looking to a transfer of the lot. 
Nothing was accomplished. Subsequently the lot owner 
offered to vacate the lot and sell it to the Association maintain- 
ing the cemetery, this being permitted by the state laws. 
The friend whose child was buried there threatens to enjoin 
any such transaction. 
The deed conveying the lot to the owner contains the fol- 
lowing clause : “Said Cemetery Association hath granted, bar- 
gained, sold and confirmed, and by these presents doth grant, 
“bargain, sell and confirm unto the said party of the second part, 
“his heirs, and assigns forever the exclusive and entire right of 
“interment or sepulture in the burial lot” here follows the de- 
scription — 
Has any reader of Park and Cemetery knowledge of any 
similar case having been the subject of judicial decision ? 
LEGAL. 
MINNESOTA. 
The late Minnesota legislature was very active in legislation, 
having passed some 379 acts, original or amendatory. Mr. F. D. 
Willis, secretary and treasurer of Oakland Cemetery Associa- 
tion, St. Paul, informs us that in the compilation made in 1894 
of the statutes of Minnesota the laws relating to cemetery asso- 
ciations occupy over twelve pages; the legislature of 1895 made 
a lot of amendments, and now 1897 adds five more. The laws 
of this year in an abstract as follows: 
No. 77. An act to amend general statutes 1894, chapter 34, 
title 5, relating to cemetery associations. 
Section i. Any cemetery association legally incorporated 
shall have the power to accept a reconveyance from the 
owner of any lot or lots in such cemetery in perpetual 
trust for such uses and trusts as the grantor shall designate 
not inconsistent with cemetery purposes or the provisions 
of statute, and to execute an agreement to hold such lot 
or lots in trust for such uses. 
SEC. 2. Such association shall also have power to accept 
and hold bequests, donations of money or other personal 
property in trust for such cemetery purposes as the testa- 
tor or donor may designate, not inconsistent with the pro- 
visions of statute, and to execute an agreement to hold 
and use such money or property for the purposes desig- 
nated. 
No. 489. An act to legalize and regulate cremation. 
SECTION i. It shall be lawful for any and all cemetery as- 
sociations in the State to dispose of dead bodies by crema- 
tion when such disposition is desired by the relatives of the 
deceased, or other persons legally entitled to dispose of 
such bodies. 
SEC. 2. Every such association shall before receiving any 
such body for cremation have on some part of its grounds 
a suitable crematory for such purpose. 
Sec. 3. The actuary and secretary of such association shall 
keep in its “Registration of Burials” a separate list and 
record of all cremations in like manner as required by law 
in cases of interment, and shall be subject to the same 
penalties for neglect to keep such record. 
No. 257. An act entitled an act to legalize certain incorpo- 
rations of cemetery associations, 
Section 1. That in all cases where there has been hereto- 
fore an attempted incorporation of a cemetery association 
under the laws of this State, and the articles of incorpo- 
ration have been lost or destroyed without having been 
properly recorded, and said cemetery association has pur- 
chased property and transacted business in its corporate 
name from the time of the purchase of such property and 
is now assuming to act as such cemetery association and 
using the property so purchased for a cemetery, such at- 
tempted incorporation of such cemetery association, un- 
der the name assumed, is hereby legalized from and after 
the time of the execution of the deed to it of the property 
so used by it as a cemetery, notwithstanding the omission 
of any matter or thing prescribed to be done or observed 
in such incorporation. And any and all conveyances of 
property, real or personal, in good faith and lawful form, 
made to or by such cemetery association, under the cor- 
porate name assumed, and any regulations, rules or by- 
laws by it adopted are hereby legalized and declared as 
valid and effectual. 
Sec. 2. Prescribes the procedure to be adopted to obtain 
articles of incorporation and to effect registration. 
Sec. 3. Nothing in this act contained shall affect any ac- 
tion or proceeding now pending. 
No. 804. An act to amend section 1 of chapter 168 of the 
general laws of 1887, entitled an act “to provide for the estab- 
lishment of permanent funds for the care, maintenance and im- 
provement of cemeteries. 
Section 1. That section 1, as above, be and the same is 
hereby amended to read as follows: 
Section 1. That any association formed under law of 1878, 
which shall have established and shall be maintaining a 
cemetery of more than twenty acres in extent, may by a 
two thirds vote of the trustees of such association, which 
vote may be taken at any regular meeting of such trus- 
tees, provide in accordance with the terms of this act, for 
the establishment of a permanent fund, the income where- 
of shall be devoted to the care, maintenance and improve- 
ment of such cemetery, which fund shall be known as 
“permanent caie and improvement fund” of such ceme- 
tery association. 
* * * 
RIGHT TO VISIT AND CARE FOR CEMETERY" LOTS. 
An important decision is contained in the latest issued volume 
of Illinois Appellate Court Reports, bearing on the rights of 
cemetery lot owners. This was an appeal from a conviction of and 
fine of $10 for assault and battery. T he proof showed that the 
personal violence had been inflicted upon a woman who was 
about to - go into a cemetery with a bucket of water and a 
sprinkling pot for the purpose of caring for six or eight lots, un- 
der an arrangement she had therefore with the owners, to keep 
the graves and flowers thereon in proper order. She also claimed 
the right to go in because her husband was buried there. The 
defendant on the other hand, contended that he was justified in 
doing what he did in order to keep her from entering the ceme- 
tery, of which he was superintendent. He insisted that she had 
given him trouble by meddling with other lots and graves, and 
that she remained after hours on one occasion. Moreover, lie 
tried to make something on the point that the cemetery associa- 
tion was a purely private corporation. But the appellate court 
took the woman’s side, and affirmed the judgment rendered 
against the- superintendent. It says that granting that the char- 
ter of the association conferred a private franchise, yet the use 
made of it must, necessarily, impress it with a public character 
in some degree. And it adds: “When lots are sold for bur- 
ial purposes the purchasers certainly acquire the right to visit 
the same and to improve and care for them. This may be done 
in person or by agent. A great number of persons thus acquire 
an actual right to go there during proper hours and for proper 
purposes. In order that this right may be the better enjoyed, 
convenient walks and driveways are provided and the public are 
admitted without distinction. This is customary and accords 
with the general sense of propriety. Of course those so admitted, 
must observe the decorum of such a place. The superintendent 
may exclude or reject any whose presence or conduct is un- 
seemly or indecent.” Applying these principles to this case, the 
court does not consider that any good reason was shown for ex- 
cluding the prosecuting witness, nor that, in any view" of the case, 
as shown by the record, were the superintendent’s acts justified. 
