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Michigan Compiled Laws - Cemeteries
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- Perpetual Care And Maintenance Of Cemetery Or Burial Lot; Resolution Or Ordinance; Payment; Petition Of Testamentary Trustee To Transfer Certain Funds To Municipality - Mich. Comp. Laws Section 128.1
(1) The legislative body of a municipality owning or controlling a cemetery or burial grounds may by resolution or ordinance provide for the perpetual care ...
- Joint Cemetery Authority; Formation And Purpose - Mich. Comp. Laws Section 128.2
The legislative body of 2 or more municipalities may authorize the formation of a nonprofit corporation as a joint cemetery authority to acquire, own, ...
- "Municipality" Defined - Mich. Comp. Laws Section 128.3
As used in this act, "municipality" means a city, village, township, or county. History: Add. 1980, Act 366, Imd. Eff. Dec. 30, 1980 ...
- Definitions - Mich. Comp. Laws Section 128.11
The term "cemetery" as used herein shall be deemed to refer to any public cemetery owned, managed or controlled by any city, village or ...
- Failing Or Neglecting To Care For And Maintain Burial Space; Proceedings For Termination And Forfeiture Of Owner's Rights And Interest; Resolution; Petition; Service; Publication Of Hearing Notice; Failure To Appear And Answer; Default - Mich. Comp. Laws Section 128.12
If the owner of a burial space in a public cemetery, subject to the provisions of this act, fails and neglects for a period ...
- Burial Space; Proceedings For Termination Of Rights; Forfeiture; City, Village Or Township May Re-Sell; Copy Of Order Served On Owner; Redemption - Mich. Comp. Laws Section 128.13
On the day noticed for the hearing of said petition or on any subsequent day to which the hearing of the cause is adjourned, ...
- Duty Of Board - Mich. Comp. Laws Section 128.14
It shall be the duty of the cemetery board to keep an accurate account of all expenses incurred by it under the provision of ...
- Reconveyance; Perpetual Care Trust Fund - Mich. Comp. Laws Section 128.15
At any time during the period of 2 years from and after the entering of the order of termination and forfeiture, the owner of ...
- Rights Not Forfeited; Conditions - Mich. Comp. Laws Section 128.16
Nothing in this act contained shall be construed to authorize the forfeiture or termination of rights or interest in and to any burial space ...
- Removal Of Private Cemetery; Complaint; Grounds; Proceedings To Vacate; Power Of Circuit Court - Mich. Comp. Laws Section 128.31
When a complaint is made in writing to the board of trustees of a township in this state, by 10 or more residents of ...
- Petition; Filing; Contents; Notice; Neglect Or Refusal To Appoint Attorney Or Agent; Proceeding By Freeholder Resident; Security For Costs - Mich. Comp. Laws Section 128.32
The petition shall be made by the board of trustees by an agent or attorney appointed by it for that purpose. The agent or ...
- Hearing; Burden Of Proof; Order, Recording - Mich. Comp. Laws Section 128.33
That the hearing on such petition may be continued from term to term, in the discretion of the court, without further notice; that all ...
- Reinterment Of Dead Bodies And Remains; Removal And Erection Of Fences, Tombstones, And Monuments; Removal During Certain Months Prohibited; Exception; Costs - Mich. Comp. Laws Section 128.34
(1) When a cemetery is vacated as provided in this act, the township board of trustees shall cause all the dead bodies and remains buried ...
- Reimbursement Of Lot Owner - Mich. Comp. Laws Section 128.35
If the land vacated reverts to the township or to a person, the township, on demand, and upon the conveyance of the lot, if ...
- Reversion To Original Owner; Conditions - Mich. Comp. Laws Section 128.36
In all cases where the land embraced in the cemetery so vacated shall not exceed 1 acre in area it shall revert to the ...
- Vacation Of Cemetery; Jurisdiction Of Chancery Court - Mich. Comp. Laws Section 128.41
That whenever the trustees of any incorporated village, or the common council of any city, shall by resolution adopted by them, determine that the ...
- Petition Of Trustees Or Council To Vacate; Notice - Mich. Comp. Laws Section 128.42
That such petition shall be made in behalf of said trustees or common council by an attorney or agent appointed by them for that ...
- Court Proceedings; Order To Vacate; Recording - Mich. Comp. Laws Section 128.43
That the hearing of such petition may be continued from term to term in the discretion of the court, without further notice, that all ...
- Reinterment; Time Of Year; Expenses, Payment - Mich. Comp. Laws Section 128.44
That when any cemetery shall be vacated as provided in this act, the said trustees or common council shall cause all the dead bodies ...
- Price Of Lots Repaid - Mich. Comp. Laws Section 128.45
In all cases where the title to the land vacated shall revert to such city or village, such city or village shall on demand ...
- Circuit Court In Chancery; Jurisdiction To Vacate Cemeteries - Mich. Comp. Laws Section 128.51
That, whenever the trustees of an incorporated village, or the common council of any city, shall, by a resolution adopted by them, determine that ...
- Contract For Sale Of Private Cemetery To City, Village; Contents - Mich. Comp. Laws Section 128.52
That, upon the adoption of such a resolution, it shall be competent for the board of directors, or board of trustees, of such cemetery ...
- Petition Of Trustees Or Council To Vacate; Filing, Notice - Mich. Comp. Laws Section 128.53
That, upon the execution of such contract, a petition shall be made in behalf of said village trustees, or common council, by an attorney, ...
- Compensation To Objecting Lot Owners; Credit On Contract; Condition Precedent - Mich. Comp. Laws Section 128.54
That, should there appear at the hearing of such petition any objecting lot owner or grave owner of such cemetery, setting forth, by special ...
- Court Proceedings; Order To Vacate, Contents, Recording; Recorded Under Complete Bar - Mich. Comp. Laws Section 128.55
That the hearing of such petition may be continued from term to term, in the discretion of the court, without further notice; that all ...
- Appeal; Bond - Mich. Comp. Laws Section 128.56
Any lot owner or grave owner whose property may be taken, and any municipality or person, party to the proceedings under this act, considering ...
- Repealed. 1978, Act 368, Eff. Sept. 30, 1978 - Mich. Comp. Laws Section 128.57
Compiler's Notes: The repealed section pertained to removal and reinterment of dead bodies. ...
- Cemeteries; Joint Maintenance By Municipalities; Money Deposited In Trust, Limitation, Expenditure - Mich. Comp. Laws Section 128.61
The township board of each township shall have the authority and it shall be its duty to cause all cemeteries within its township, except ...
- Cemetery Day - Mich. Comp. Laws Section 128.62
The third Wednesday in August of each year is hereby designated as "cemetery day" and is set aside as a day upon which the ...
- Township Board Of Trustees; Taking, Receiving, And Holding Property In Trust; Purpose; Expenditure Of Funds - Mich. Comp. Laws Section 128.71
The board of trustees of a township may take, receive, and hold property, real or personal, which may be granted, transferred, bequeathed, or devised ...
- Trust Fund; Investment - Mich. Comp. Laws Section 128.72
All moneys and property which may be received by said board by way of gift, grant, devise or bequest, for cemetery purposes, shall be ...
- Trust Fund; Not Transferable - Mich. Comp. Laws Section 128.73
Neither the whole nor any part of the principal or income derived from said trust fund shall be either temporarily or permanently transferred to ...
- Treasurer And Custodian; Bond - Mich. Comp. Laws Section 128.74
The clerk of said board shall be the treasurer of said board and custodian of such trust fund, and said board shall take into ...
- Cemetery Lots; Deposit For Care With County Treasurer - Mich. Comp. Laws Section 128.81
Any person residing in the state of Michigan, or elsewhere, may, during his lifetime, by will, or otherwise, deposit any sum of money with ...
- Cemetery Lots; Deposit For Care With County Treasurer; Investment, County May Borrow - Mich. Comp. Laws Section 128.82
The county in which any such money shall have been so deposited shall have the first privilege of borrowing said money, or any part ...
- Interest; Payment Of Sexton's Claims - Mich. Comp. Laws Section 128.83
The county treasurer loaning such money shall pay the interest received by him on such loan to the sexton, or whoever may be in ...
- Treasurer's Receipts; Contents; Duplicate, Filing - Mich. Comp. Laws Section 128.84
Every county treasurer in this state, upon receiving any so called cemetery money, shall at once deliver to the person depositing the same, a ...
- Treasurer's Bond, Increase - Mich. Comp. Laws Section 128.85
The bond of the county treasurer prescribed in sections 2361 and 2362 of the Compiled Laws of 1915 shall be holding for all funds ...
- Annual Report - Mich. Comp. Laws Section 128.86
Every county treasurer having such funds shall make an annual report to the board of supervisors at its January session of the total amount ...
- Cemetery Deposits; County Liability - Mich. Comp. Laws Section 128.87
Every county in this state having any such cemetery fund, shall always be held accountable and liable for any and all such cemetery money ...
- Cemetery Deposits; Tax Exempt - Mich. Comp. Laws Section 128.88
All moneys set apart for the purposes specified in this act shall be exempt from taxation. History: 1903, Act 81, Eff. Sept. 17, 1903 ...
- Private Cemeteries In Cities; Fencing - Mich. Comp. Laws Section 128.101
It shall be the duty of any owner or owners of private cemeteries in cities wherein lots are sold for private or family burial ...
- Private Cemeteries In Cities; Notice To Build Or Repair - Mich. Comp. Laws Section 128.102
It shall be the duty of the council of any city in this state wherein is located any private cemetery, or cemeteries, coming within ...
- Noncompliance With Fencing Requirement; Erection By City Council; Expense - Mich. Comp. Laws Section 128.103
If at the expiration of said notice, the said owner or owners have neglected or refused to comply with the requirements of said notice ...
- Private Burial Grounds; Laying Out; Deed - Mich. Comp. Laws Section 128.111
That it shall be lawful for any person or persons in this state to lay out and survey any tract of land not included ...
- Private Burial Grounds; Exemptions - Mich. Comp. Laws Section 128.112
Such land so laid out and described in said deed, when recorded in the register's office of the county where such land lies, shall ...
- Memory Days; Purpose - Mich. Comp. Laws Section 128.121
That the twenty-fifth day of May and the thirtieth day of September in each year be and hereby are set apart and designated as ...
- Township Board Of Trustees; Providing New Burying Ground Or Enlarging Limits Of Existing Burying Ground; Providing Suitable Approaches Or Enlarging Limits Of Existing Approach; Inability To Agree; Application For Jury; Determining Just Compensation And Necessity For Using Real Estate - Mich. Comp. Laws Section 128.151
The board of trustees of a township of this state, when it considers it desirable and necessary, may provide new burying ground in the ...
- Summons Or Venire Facias Commanding County Sheriff Or Constable To Summon Freeholders To Appear As Jury; Application And Issuance; Ascertaining Just Compensation And Necessity For Using Real Estate; Notice To Owner Or Occupant; Service - Mich. Comp. Laws Section 128.152
The circuit court judge or district court judge, upon application, shall issue a summons or venire facias, directed to the sheriff or a constable ...
- Notice To Township Board Of Trustees; Publication; Service Of Notice On Owner - Mich. Comp. Laws Section 128.153
Thirty days' previous notice of the time when and the place where the jury will assemble shall be given by the board of trustees ...
- Judge; Duties; Jury Summons, Return, Contents; Empaneling - Mich. Comp. Laws Section 128.154
It shall be the duty of such judge, commissioner, or justice, and of the persons summoned as jurors, as hereinbefore provided, and of the ...
- Jury Sworn By Judge; Subpoenas For Witnesses; Visiting And Examining Premises; Jurors' Certificate; Signatures And Indorsement; Judge's Certificate - Mich. Comp. Laws Section 128.155
(1) The 12 persons selected as the jury shall be sworn by the judge in attendance, to inquire, ascertain, and determine, faithfully and impartially, the ...
- Judgment; Collection - Mich. Comp. Laws Section 128.156
Upon filing such certificates in the circuit court of the county where such real estate is situated, such court shall, if it finds all ...
- Incompetent Or Unknown Owner; County Treasurer, Duties; Funds Subject To Court Order - Mich. Comp. Laws Section 128.157
In case the owner of such real estate shall be unknown, insane, non compos mentis, or an infant, or cannot be found within such ...
- Vesting Of Fee; Conditions; Writ Of Possession - Mich. Comp. Laws Section 128.158
Upon satisfactory evidence being presented to the circuit court of the county where such real estate lies, that such judgment, or the sum ascertained ...
- Possession By Township; Writ Of Possession - Mich. Comp. Laws Section 128.159
Such township may, at any time after making the payment or deposit hereinbefore required, enter upon and take possession of such real estate for ...
- Jury Disagreement; Adjournment, Limit - Mich. Comp. Laws Section 128.160
In case the jury hereinbefore provided for shall not agree, another jury may be summoned in the same manner, and the same proceedings may ...
- Parties To Suit; Proof Of Claims; Settlement - Mich. Comp. Laws Section 128.161
In case the said burying grounds or addition or approach thereto, is encumbered by mortgage, levy, tax sale, or otherwise, as aforesaid, the mortgagee, ...
- Payment Order; Issuance, Receipt; Evidence - Mich. Comp. Laws Section 128.162
The circuit judge, judge of probate, or circuit court commissioner of any county where any money has been deposited with the county treasurer of ...
- Subsequent Proceedings - Mich. Comp. Laws Section 128.163
In case any circuit judge, circuit court commissioner, or justice of the peace, who shall issue a summons or venire for a jury, shall ...
- Fees; Compensation - Mich. Comp. Laws Section 128.164
Circuit judges, circuit court commissioners, and justices of the peace, for any services rendered under the provisions of this act, shall be entitled to ...
Last modified: January 3, 2008
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