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V. CEMETERY CORPORATIONS.
Powers.-- Sec. 195. Cemetery corporations shall have power to divide the land of the cemetery into lots and subdivisions, for the purposes of the cemetery, and to tax the property for the purpose of its general improvement. [Id., $ 1381.]
Conveyance of Lots; Exemptions.-Sec. 196. Such corporation shall have power to convey, by dead or otherwise, any lot or lots of the cemetery for purposes of sepulture. When such lots shall have been surveyed and platted, the survey and plat shall be recorded in the office of register of deeds of the county wherein the same are situated, and shall not be afterwards changed or altered. No lot shall be sold or disposed of until such plat shall have been recorded. All the ground held by such corporation for burial purposes, while so held, shall be exempt from public taxation. Every lot sold and conveyed in such cemetery shall be held by the proprietor, for the purposes of sepulture only, and shall not be subject to attachment or execution. [Id., $ 1382.]
Purchasers Members of.-- SEC. 197. All owners of lots, purchased of any such corporation, shall become members thereof, and be entitled to vote in the election of its officers, and upon any other matters, to the same extent as stockholders in other corporations. [Id., § 1383.]
In Cities of over 50,000.- SEC. 198. That every corporation hereafter formed or organized pursuant to chapter 23 of the General Statutes of 1889* for the purpose of the establishment and maintenance of cemeteries in or adjacent to cities of the first class having a population of over fifty thousand inhabitants shall have a capital stock and board of directors
* The three next preceding sections.
elected by the stockholders, with the same duties and powers as the board of directors of other private corporations for profit, and is hereby empowered to acquire and hold lands for cemetery purposes only, in said cities or within one and one-half miles thereof, not to exceed two hundred acres, and is hereby authorized to inclose, lay out or ornament and improve such lands held by it for such purposes, and to divide said lands into burial lots. [Laws 1903, ch. 119, § 1.]
VI. CO-OPERATIVE SOCIETIES.
Purpose. * _ Sec. 199. That twenty or more persons in this state may organize and incorporate a coöperative society or company in the manner and form provided by law in other cases, for the purpose and to the end of more successfully promoting and conducting any industrial pursuit. [G. S. 1901, § 1454. )
Powers.-- SEC. 200. Every such society or company when so organized shall enjoy all the rights, privileges and powers conferred by law on other chartered or incorporated companies in this state. [Id., $ 1455.]
May Increase Capital.—SEC. 201. Coöperative associations organized under the provisions of this act may, in the manner hereinbefore provided, further increase their capital stock to any amount not exceeding one hundred thousand dollars. [Proviso of id., $ 1273 of this compilation.]
Votes of Shareholders.- SEC. 202. The shareholders in any such society or company shall each have but one vote in all matters pertaining to the business of such society or company, without regard to the number of shares owned. [Id., § 1456.]
Sec. 203. In the election of directors or trustees of coöperative associations that have or may hereafter by their by-laws so determine, no stockholder shall be allowed to cast more than one vote, multiplied by the number of directors or trustees of any such association. [Proviso of id., $ 1288; $ 32 of this compilation.]
The object of the provision for coöperative societies is " to enable men of small capital, or of no capital but their labor and their skill in trades, to form corporations for the purpose of giving employment to such capital or labor and skill ”; and, to further the object, the provision is to be liberally construed. (Linnegan v. Noereuberg, 52 Minn. 239, 245.)
VII. WAREHOUSES, ELEVATORS, AND GRANARIES.
GENERALLY. Corporation may be Formed.— Sec. 204. In addition to the purposes for which private corporations may be formed as designated in section five of chapter twenty-three of the General Statutes of 1868, as said section has been heretofore enlarged and amended, private corporations may be formed and organized in the manner prescribed in said chapter twenty-three for the construction and maintenance of warehouses, elevators, and granaries. [G. S. 1901, $ 1431.]
Property Left in Warehouse.— Sec. 205. If any person shall leave, in any public or private warehouse in this state, any property of a perishable nature, or which, if not taken away and sold within fifteen months from the time at which said property was so left, would not, at the expiration of that time, be worth the charges which should then be due upon such property, and if the charges upon said property shall not be paid, then and in that case it shall be lawful for the occupant or occupants of such warehouse to sell at auction to the highest bidder so much of such property as will pay the charges due, and the expenses of selling and advertising the same, upon giving not less than three weeks' public notice of the time and place of such sale, in two or more newspapers published in the town where such warehouse may be situated, or the vicinity thereof. [Id., § 1432.]
When Receipt not to be Issued.- Sec. 206. No ware houseman, wharfinger or other person shall issue any receipt or other voucher for any goods, wares, merchandise, grain, or other produce or commodity, to any person or persons purporting to be the owner or owners thereof, unless such goods, wares, merchandise or other produce or commodity shall have been bona fide
received into store by such warehouseman, wharfinger, or other person, and shall be in store and under his control at the time of issuing such receipt. [Id., $ 1433.]
Conditions on which Issued.- SEC. 207. No warehouseman, wharfinger or other person shall issue any receipt or other voucher upon any goods, wares, merchandise, grain, or other produce or commodity, to any person or persons as security for any money loaned or other indebtedness, unless such goods, wares, merchandise, grain or other produce or commodity shall be, at the time of issuing such receipt, the property of such warehouseman or wharfinger or other person, and shall be in store and under his control at the time of issuing such receipt or other voucher as aforesaid. [Id., § 1434.]
Written Assent.— SEC. 208. No warehouseman, wharfinger or other person shall sell or incumber, ship, transfer, or in any manner remove beyond his immediate control, any goods, wares, merchandise, grain or other produce or commodity for which a receipt shall have been given as aforesaid, without the written assent of the person or persons holding such receipt. [Id., $ 1435.]
Negotiable. - Sec. 209. All receipts for grain issued by any warehouse shall be negotiable by indorsement in blank, or by special indorsement, in the same manner and to the same extent as bills of exchange and promissory notes. [1d., § 1441. ]
Defined.* — SEC. 210. All persons who shall keep a warehouse in this state for the storing of grain, in which the grain of each person stored therein shall be kept in a separate bin,
* In view of the discussion in 54 Kan. 115, I am inclined to think that the effect of the later act (§ 218, et seq., of this compilation) was to make distinct provisions for private and publie warehouses. I have therefore inserted these sections under heading PRIVATE, as sections relating to private warehouses. As to public warehouses, see part of $ 218, et seq.