Reports of Cases Volume 129 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1892 Excerpt: ... 6. The various acts amendatory of said act of 1847 (Chap. 280, Laws of 18.52: chap. 238, Laws of 1854; chap. 154. Laws of 1871, and chap. 389, Laws of 1889), which forbid the incorporation of such associa-tions in certain counties named, without the assent of their respec-tive boards of supervisors, apply only to the counties named. Id. 7. The exemption from taxation given by said act of 1847, is not affected by the amendment thereto of 1869 (Chap, 708, Laws of 1869). Id. CAUSE OF ACTION. A cause of action against a wrong-doer is a right of property, and can be taken from the owner only by process of law. ljyett v. lly-nian. 351. CEMETERY ASSOCIATIONS. 1. The lands of a cemetery associa-tion, organized under the act of 1847 (Chap. 133, Laws of 1847), by virtue of the provision thereof ( 10), which declares that the cemetery lands and property of any association formed under the act shall be exempt from taxation, are exempt from the moment they are acquired by the association, and continue exempt so long as the corporation exists, although no dead body is buried therein, and although by a valid ordinance, passed after its incorporation by a municipality within whose limits its lands lie, the burial of the dead therein is forbidden. People i r, rel. v. Pratt. 68 2. Under the proyisionsof the charter of the city of Rochester ( 40, chap. 14, Laws of 1880), giving to the common council power " to make, modify and repeal ordi-nances and by-laws to regulate the burial of the dead." that body has power to forbid by ordinance the burial of the dead in lands of a cemetery association within the city limits; and this, although at the time the association took the conveyance of its lands, it was law-ful to use them for cemetery pur-poses, hi. 3. Such...