Chap. 751.—An ACT to incorporate the Smithville cemetery company, in Char-
lotte county.

Approved March 4. 1896.

1. Be it enacted by the general assembly of Virginia, That Wil-
jam H. Smith, F. C. Thornton, A. J. Terry, J. C. Carrington, W.
+. Williams, E. F. Daniel, J. H. Ingram, or any three of them, may
»pen books of subscription, and when two hundred and fifty dollars
shall have been subscribed by them, and such others as may hereafter
be associated with them, they shall be a body corporate and politic to
be known as thé Smithville cemetery company, by which name and
3tyle it shall have perpetual succession and a common seal, may sue
and be sued, plead and be impleaded in all courts, contract and be
contracted with, and ordain and establish by-laws: provided such
oy laws be not in conflict with the laws of this state or the United

tates.

2. The capital stock of the said company shall not be less than
two hundred and fifty dollars nor more than one thousand dollars,
divided into shares of ten dollars each, which shall be paid in cash
or installments as the by-laws may require; and the personal liabil-
ity of each and every stockholder for the debts of the company shall
be limited to the amount unpaid on the share or shares of stock sub-
scribed for by such stockholders. All certificates of stock shall be
under the seal of the company and signed by the president and
countersigned by the secretary. Shares of stock shall be deemed
personal property. Each stockholder shall have one vote in person
or proxy in the election of directors and officers and at all the meet-
ings of stockholders for each share of stock held by him.

3. The officers of said company shall consist of a president and
secretary, who may likewise be the treasurer, and a board of four
directors; and they shall be elected annually by a majority of the
votes cast, and shall hold their respective offices until their succes-
sors are elected. The annual meeting of the stockholders shall be
held at such place in the town of Smithville and at such time as
may be fixed hy the by-laws. The first annual meeting shall be held
on the first Wednesday in March, eighteen hundred and ninety-six.
Special meetings of the stockholders may be held at any time by
the call of the president on giving notice of the time and place of
meeting, at which meetings any business except the election of offi-
cers may be transacted that may be done at an annual meeting. A
vacancy in either of the office of president or secretary shall be filled
by appointment of the board of directors until the next ensuing an-
nual meeting.

4. The said company shall have power to acquire by purchase or
otherwise and hold land, not to exceed ten acres, in the town of
Smithville, county of Charlotte, to be used for a burial place or
cemetery and for no other purpose, and may lay off the same in lots,
subdivisions of lots for graves, vaults, and monuments, and may im-
prove and ornament the same, and may lay out roads and walks
therein, and may sell and convey any lots or subdivision of lots on
such conditions as may be presented in the by-laws, and the same
shall not be subject to sale by any order of court except as herein-
after provided, and shall not be conveyed by the owner out of his
family except with the consent of the company. The company may
make all proper rules and regulations for the general management
of the grounds of the cemetery and with regard to the enclosures,
digging of graves, and erection of vaults and monuments, the manner
in which lots and subdivision of lots shall be kept, and the adorn-
ment thereof, and may prescribe the penalty for the violation of
them and may enforce the same by action at law or suit in equity.
Any jurisdiction is hereby conferred upon the courts of the county
of Charlotte to hear and determine all matters of controversy between
a lot owner and the company, and for such purpose the said courts’
process may be executed on a lot owner who isa resident of this
state in the county in which he resides, and on a lot owner who is a
non-resident of this state by an order of publication, and upon a
judgment in favor of the company in any such action at law or suit
in equity the lot or subdivision of lot of such person may be sold to
satisfy the same.

5. A survey and plat showing the walks and roads and the number,
size, and location of lots of the grounds of the cemetery shall be
made, and a copy thereof may be filed and recorded in the clerk’s
office of the county court of Charlotte, and no street, lane, road, or
alley shall be made over the land of the said company without its
consent, nor shall the said land be condemned or taken for the public
use without the consent of the company.

6. The justices of the peace of the county of Charlotte shall have
jurisdiction over all offences against the laws of this state committed
upon the property and within the grounds of the cemetery of the
said company, and all the ordinances of the town council of Smith-
ville relating to matters of police shall extend over the said grounds,
and for such purpose the said grounds shall be considered within
the town of Smithville, and the mayor of said town shall have juris-
diction of all violations of said ordinances.

7. The said company shall be subject to all the general laws of
this state relating to corporations not inconsistent with this act.

8. This act shall be in force from its passage.