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Cemetery associations,

AN ACT to provide for the more efficient management and care of cemeteries and cemetery grounds in cities of the second class and villages, and for the incorporation of lot owners in such cemeteries, and to repeal paragraphs 34, 35 and 36, of section 69, chapter 14, entitled "Cities of the Second Class and Villages."

Be it enacted by the Legislature of the State of
Nebraska:

SECTION 1. That whenever, in cities of the how formed. second class and villages, one-fifth of the resident lot owners of any cemetery under the control of such city, shall so desire it, it shall be lawful for such lot owners to associate themselves into and form a cemetery association, as provided in section 45, of chapter 16, of the Compiled Statutes of the State of Nebraska and elect officers thereof.

Officers.

SEC. 2. Upon the formation of such cemetery association, the lot owners in such cemetery shall elect five of their number as trustees, to whom is given the general care, management and supervision of such cemetery. The mayor or chairman of such city or village shall, by virtue of his office, be a member of the board of trustees, and it shall be

his duty to make, execute and deliver to purchasers of lots, deeds therefor, when requested by such board of trustees. Such deed shall be executed under the Deed to lots. corporate seal of such city, and countersigned by the clerk, specifying that the person to whom the same is issued, is the owner, for the purposes of interment, of the lot or lots described therein by numbers, as laid down on the map or plat of such cemetery; and such deed shall vest in the proprietor, his or her heirs or assigns, a right in fee simple to such lot for the sole purpose of interment, under the regulations of the board of trustees; and such deed shall be entitled to be recorded in the office of the county clerk of the proper county without further acknowledgment or authentications, and such description of lots shall be deemed and recognized as a sufficient description thereof.

trustees.

SEC. 3. Said board of trustees shall have power Powers to to limit the number of cemetery lots that shall be owned by the same person at the same time; to prescribe rules for enclosing, adorning, and erecting monuments and tombstones on cemetery lots; to prohibit any diversions of the use of such lots, and any improper adornment thereof, but no religious tests shall be made as to the ownership of lots, the burial therein, or the ornamentation of graves or of such lots.

SEC. 4 Such board of trustees shall have power Same. to pass rules and ordinances imposing penalties and fines, not exceeding one hundred dollars, regulating, governing and protecting the cemetery, the owners of lots therein, visitors thereof, and tres

Money received,

of.

passers therein. And the officers of such city or village shall have as full jurisdiction and power in the enforcing of such rules and ordinances as though they related to the corporation of such city or village itself.

SEC. 5. All moneys received from sale of lots how disposed in any such cemetery, or which may come to it by gifts or devise, or otherwise, shall be devoted exclusively to the care, management, adornment and government of such cemetery itself, and shall be expended exclusively for such purposes under the direction of such board of trustees.

Same.

Repealing. clause.

SEC. 6. Upon the organization of such cemetery association as herein provided, all property and moneys now under the control of the city council or village trustees, shall vest in such cemetery associations for the purposes aforesaid, and all moneys in the control of such city council or village trustees, shall be turned over to the board of trustees of such cemetery association.

SEC. 7. Paragraphs 34, 35 and 36, of section 69, of chapter 14, entitled "Cities of the Second Class and Villages," of the Compiled Statutes of Nebraska, and all acts and parts of acts inconsistent with the provisions of this act, are hereby repealed;

Provided, That all rights accrued under the power contained in said section are hereby confirmed.

Approved March 26, 1887.

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AN ACT to provide for the taking and prosecution of appeals allowed and mentioned in section ninety-seven (97) of chapter sixteen (16) of the Compiled Statutes (1885) of the State of Nebraska.

Be it enacted by the Legislature of the State of Nebraska:

from assess

damages.

SECTION 1. That either party shall have the Right of appeal right to appeal to the district court of the county m nt of where the lands are situated from the assessment of damages allowed and mentioned in section ninetyseven (97) of chapter sixteen (16) of the Compiled Statutes (1885) of Nebraska, at the time and in the manner hereinafter specified and set forth.

SEC. 2. That the party appealing shall, within Surety. sixty days after such assessment, enter into an undertaking to the adverse party with at least one good and sufficient surety (to be approved by the county judge of such county), conditioned: First, that appellant shall prosecute such appeal to effect without unnecessary delay; and second, that if judgment be adjudged against the appellant on the

Filing of undertaking.

Summons

returned "not found."

Certified transcript of

appeal, the appellant shall satisfy whatever judgment may be adjudged against such appellant.

SEC. 3. That the party appealing may file such undertaking in the office of the clerk of the appellate court within the time aforesaid, which undertaking filed shall be approved by such clerk, upon the filing and approval of which undertaking the clerk shall issue a summons to the appellee to appear at the term of the court to which the appeal is returnable, which summons shall be served and returned in the time and manner as in cases commenced in the district court.

SEC. 4. That when the appeal is taken by filing the appeal undertaking with the clerk of the appellate court and a summons and alias summons shall have been duly issued against the appellee and returned "not found," it shall be lawful for the appellate court to proceed and try the appeal the same as if the appellee had been duly served with the process.

SEC. 5. That said county judge shall, on deproceedings. mand of the appellant, make out a certified transcript of all the proceedings of such assessment, including the undertaking and such of all papers and files as relate to or are connected with the assessment or assessments appealed from, and shall on demand deliver the same to the appellant or his, her, or its agent, who shall deliver the same to the clerk of the appellate court to which such appeal may be taken on or before the first day of the next term of such appellate court.

Filing of same.

SEC. 6. That if such appeal shall be taken

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