in the clerk's office of the county in this state in which the office of such incorporation or association may be located, and upon the execution and acknowledgment of such articles, the signers thereof shall become, and be a body politic and corporate, for the object and purposes set forth in said articles; and they, their successors and associates shall continue to be such body corporate and politic, and may sue and be sued, take, hold and convey real and personal estate, subject to the limitations hereinafter contained: may adopt a common seal, and change the same, and may exercise all the powers, and shall be subject to all the responsibilities by law conferred and imposed.

1391. What articles to contain.

SEC. 2. Said articles shall contain and declare:

First-The name of such corporation, the city, town or county in which such hospital or asylum is, or is to be located, and the period for which it is incorporated.

Second-The objects of said corporation, which shall be stated with all the convenient fullness and certainty.

Third-The names of the trustees thereby incorporated.

Fourth-The number of persons who shall constitute the permanent board of trustees of such corporation, the mode of the election or appointment of the first board of trustees, the time for which the trustees shall be elected or appointed, and the mode in which their successors shall be elected or appointed.

Fifth-Such other officers of the corporation as may be deemed necessary. Sixth-The time of holding the annual meeting.

1392. Trustees, how elected, and powers.

SEC. 3. The affairs of said corporation shall be managed by a board of trustees, not less than three, nor more than fifteen in number, who shall be chosen or appointed in such manner as is fixed in the articles of the incorporation; such trustees shall hold for the term or time in such articles fixed, and until their successors are chosen; provided, that when the number of trustees and the mode of the appointment of their successors, is fixed in a deed, will, or other instrument of the original founder, the provisions relating thereto shall govern in said corporation, so far as consistent with the laws of this state. The other officers of said corporation shall be chosen by the trustees from their own numbers or otherwise, as the trustees shall determine. A majority of such trustees shall form a quorum and may make by-laws, and alter the same, for the more orderly transaction of their business, and for the regulation of the care or relief to indigent and other sick and infirm perAs soon as such corporation shall be duly organized, the individual trustees who hold or possess the lands or other property so given, granted, devised or bequeathed, shall forthwith convey and deliver the same to such corporation by deed or other proper mode of transfer, and said corporation shall thereupon and thereafter hold, possess and enjoy the same to the same extent, and for the same purposes as designed and declared by the original donor.

1393. May hold real and personal property-Limitation.

SEC. 4. Such corporation may by gift, grant, devise, or bequest, take, receive, and hold any property, real or personal, but only for the purposes for which it is incorporated; provided, that said corporation shall not hold any land except such as shall be necessary for the direct and reasonable use or convenience of a hospital or asylum, for a longer period than ten years. 1394. Trustees not to have compensation.

SEC. 5. No trustees of said corporation shall be entitled to any compen

sation except under some special employment by the board, or authority expressed in the original deed or instrument of trust.

1395. Funds, how to be used.

SEC. 6. All the funds of said corporation shall be faithfully and exclusively used for the purposes thereof, as set forth in its articles, and the same shall be wholly used within this state. Said corporation may invest its funds by loan, on mortgage security, or by purchase of any city, county, state or United States bonds, or by loan on pledge by the same; provided, that no loan of such funds shall be made to any trustee, officer, or servant of such corporation.

1396. Property exempt from taxation.

SEC. 7. The property on which said asylum or institution building stands, together with said buildings, shall, while occupied for the objects and purposes thereof, be exempt from taxation.

1397. Reports to be made-Penalty.

SEC. 8. Such corporation shall report yearly, to the county commissioners of the county wherein such corporation is situated and biennially to the legislature, a full statement of its affairs, under the oath of one or more of its trustees; and for any neglectful report when required, each one of its officers, and all the trustees so neglecting, shall be liable to a penalty of five hundred dollars each, to be recovered by action of debt, in the name of the people of the State of Nevada.

An Act to authorize the incorporation of rural cemetery associations.

SECTION 1. Any number of persons residing in this state, not less than five, who shall desire to form an association for the purpose of procuring and holding lands to be used exclusively for a cemetery, or place for the burial of the dead, may meet at such time and place as they, or a majority of them, may agree, and appoint a chairman or secretary by a vote of the majority of the persons present at the meeting, and proceed to form an association, by determining on a corporate name by which the association shall be called and known, by determining on the number of trustees to manage the concerns of the association, which number shall not be less than six nor more than twelve, and thereupon may proceed to elect, by ballot, the number of trustees so determined on, and the chairman and secretary shall immediately after such election divide the trustees, by lot, into three classes; those in the first class to hold their office one year, those in the second class two years, and those in the third class three years; but the trustees of each class may be reelected if they shall possess the qualification hereinafter mentioned. The meeting shall also determine on what day in each year the future annual elections of trustees shall be held.

1399. Certificate to be filed.

SEC. 2. The chairman and secretary of the meeting shall, within three days after such meeting, make a written certificate and sign their names thereto, and acknowledge the same before an officer authorized to take proof

and acknowledgment of conveyances in the county where such meeting shall have been held, which certificate shall state the names of the associates determined upon by the majority of the persons who met, the number of trustees fixed on to manage the concerns of the association, the names of the trustees chosen at the meeting and their classification, and the day fixed on for the annual election of trustees, which certificate it shall be the duty of the chairman and secretary of such meeting to cause to be filed and recorded in the office of the county clerk of the county in which the cemetery grounds are situated, in a book to be appropriated to the recording of certificates of incorporation.

1400. Powers.

SEC. 3. Upon such certificate duly acknowledged and filed as aforesaid being recorded, the association mentioned therein shall be deemed legally incorporated, and shall be a body politic and corporate, in fact and in name, by the name stated in the certificate, and by their corporate name have succession and power: First, to sue and be sued in any court; second, to make and use a common seal, and alter the same at pleasure; third, to purchase, hold, sell and convey, such real and personal estate as the purposes of the incorporation shall require; fourth, to appoint such officers, agents and servants, as the business of the corporation shall require; to define their powers, prescribe their duties and fix their compensation; fifth, to require of them such security as may be thought proper for the fulfilment of their duties, and to remove them at will, except that no trustee shall be removed from office unless by a vote of two-thirds of the whole number of trustees, or by a vote of a majority of the trustees, on a written request signed by one-half of the lot owners; sixth, to make by-laws not inconsistent with the laws of this state for the organization of the company, the management of the property, regulation of its affairs, and for the carrying on all kinds of business within the object and purposes of the company. The affairs and property of such associations shall be managed by the trustees, who shall annually appoint from among their number a president and vice-president, and shall also appoint a secretary and treasurer, who shall hold their places during the pleasure of the board of trustees, and the trustees may require the treasurer to give security for the faithful performance of the duties of his office. 1401. May purchase real estate for cemetery.

SEC. 4. Any association incorporated cemetery, under this act, may take by purchase or devise, and hold, within the county in which the certificate of their incorporation is recorded, not exceeding three hundred and twenty acres of land, to be held and occupied exclusively for a cemetery, for the burial of the dead. Such land, or such parts thereof, as may from time to time be required for that purpose, shall be surveyed and subdivided into lots or plats of such size as the trustees may direct, with such avenues, paths, alleys and walks, as the trustees deem proper; and a map, or maps, of such surveys shall be filed in the office of the county recorder of the county in which the land shall be situated; and after filing such maps, the trustees may sell and convey the lots or plats designated upon such maps, upon such terms as shall be agreed upon, and subject to such conditions and restrictions, to be inserted in, or annexed to, the conveyances, as the trustees shall prescribe; the conveyances to be executed under the common seal of the association, and signed by the president or vice-president, and the treasurer, of the association. Any association incorporated under this act may hold personal property to an amount not exceeding five thousand dollars, besides what may arise from the sale of lots and plats.

1402. Election of trustees.

SEC. 5. The annual election for trustees, to supply the place of those

whose term of office expires, shall be holden on the day mentioned in the certificate of incorporation, and at such hour and place as the trustees shall direct; at which election shall be chosen such number of trustees as will supply the places of those whose term expires or has become vacant. The trustees chosen at any election subsequent to the first shall hold their places for three years, and until others shall be chosen to succeed them. The election shall be by ballot, and every person of full age, who shall be the proprietor of a lot or plat in the cemetery of the association containing not less than two hundred square feet of land, or if there be more than one proprietor of any such lot or plat, then such one of the proprietors as the majority of joint proprietors shall designate to represent such lot or plat, may, either in person or by proxy, give one vote for each plat or lot of the dimensions aforesaid; and the persons receiving a majority of all the votes given at such election shall be trustees, to succeed those whose term of office expires. But in all elections after the first the trustees shall be chosen from among the proprietors of lots or plats, and the trustees shall have power to fill any vacancy in their number occurring during the period for which they hold their office. Public notice of the annual elections shall be given in such manner as the by-laws of the corporation shall prescribe.

1403. Trustees to make annual report.

SEC. 6. The trustees, at each annual election, shall make reports to the lot proprietors of their doings, and of the management and condition of the property and concerns of the association. If the annual election shall not be held on the day fixed in the certificate of incorporation, the trustees shall have power to appoint another day, not more than sixty days thereafter, and shall give public notice of the time and place, at which time the election may be held with like effect as if holden on the day fixed on in the certificate; the office of the trustees, chosen at such time, to expire at the same time as if they had been chosen at the day fixed by the certificate of incorporation. 1404. Powers of association.

SEC. 7. After its formation, in the manner provided in the preceding sections, the corporation shall proceed to purchase suitable grounds for the proposed cemetery, and to the vendor thereof they are authorized to issue the bonds of the corporation for the amount of the purchase money, bearing interest, not exceeding the rate of twelve per cent per annum, but payable out of sixty per cent of the proceeds of the cemetery, as the same shall be realized, and not otherwise. Sixty per cent, at least, of the proceeds of all sales of lots, plats or graves, shall be first appropriated to the payment of the said bonds and interest aforesaid, payable at least once in three months to the bond holders, until all are paid, and the residue thereof to be used in preserving, improving and embellishing the said cemetery grounds and the avenues or roads leading thereto, and to defraying the incidental expenses of the cemetery establishment; and after payment of the purchase money and interest, as aforesaid, and all debts contracted therefor, and for surveying and laying out the land, the proceeds of all future sales shall be applied to the improvement, embellishment and preservation of such cemetery, and for incidental expenses, and to no other purpose or object.

1405. Penalty for wilful injury to property.

SEC. 8. Any person who shall wilfully destroy, mutilate, deface, injure or remove any tomb, monument, gravestone, building or other structure placed in any cemetery of any association incorporated under this act; or any fence, railing or other work for the protection or ornament thereof; or of any tomb, monument or gravestone; or other structure aforesaid; or of any plat or lot within such cemetery; or shall wilfully destroy, cut, break or injure any tree, shrub or plant within the limits of such cemetery, shall be

deemed guilty of a misdemeanor and such offender shall also be liable in an action of trespass, to be brought in all such cases, in the name of such association, to pay all such damages as shall have been occasioned by his unlawful act or acts. Such money, when recovered, shall be applied by the trustees to the reparation or restoration of the property so destroyed or injured.

See sec. 6759.

1406. Bequests, disposition of.

SEC. 9. Any association incorporated pursuant to this act, may take and hold any property, real or personal, bequeathed or given upon trust, to apply the income thereof, under the direction of the trustees of such association, for the improvement or embellishment of such cemetery, or the erection or preservation of any buildings, structures, fences or walks erected, or to be erected, upon the lands of such cemetery association, or upon the lots or plats of any of the proprietors, or for the repair, preservation, erection or removal of any tomb, monument, gravestone, fence, railing or other erection on or around any cemetery, lot or plat; or for planting or cultivating trees, shrubs, flowers or plants in or around any such lot or plat, or for improving or embellishing such cemetery, or any of the lots or plats in any other manner or form consistent with the design and purposes of the association, according to the terms of such grant, devise or bequest.

1407. Exempted from taxation.

SEC. 10. The cemetery lands and property of any association formed pursuant to this act, shall be exempt from all public taxes, rates and assessments, and shall not be liable to be sold on execution or be applied in payment of debts due from any individual proprietors; but the proprietors of lots or plats in such cemeteries, their heirs or devisees, may hold the same exempt. therefrom, so long as the same shall remain dedicated to the purpose of a cemetery; and during that time no street, road, avenue or thoroughfare shall be laid through such cemetery, or any part of the lands held by such association for the purposes aforesaid, without the consent of the trustees of such association and of four-fifths of the lot owners.

1408. Property of lot owners inalienable.

SEC. 11. Whenever the said lands shall be laid off into lots or plats, and such lots or plats, or any of them, shall be transferred to individual holders, and after there shall have been an interment in a lot or plat so transferred, such lot or plat, from the time of such interment, shall be forever thereafter inalienable, and shall, upon the death of the holder or proprietor thereof, descend to the heirs at law of such holder or proprietor, and to their heirs at law forever; provided, nevertheless, that any one or more of such heirs at law may release to any other of the said heirs at law his, her, or their interest in the same, on such conditions as shall be agreed on and specified in such release, which release shall be recorded with the county recorder of the county within which the said cemetery shall be situated; and provided further, that the body of any deceased person shall not be interred in such lot or plat, unless it be the body of a person having, at the time of such decease, an interest in such lot or plat, or the relative of some person having such interest, or the wife of such person, or her relative, except by the consent of all persons having an interest in such lot or plat.

1409. Purchase of former cemetery-Owners in.

SEC. 12. In case the grounds purchased for cemetery purposes, in accordance with section 7 of this act, shall have been used as a cemetery previous to such purchase, then, those who are lot owners at the time of the purchase shall have, and be entitled to, all the privileges they would be entitled to by purchase from a corporation formed as aforesaid.