102 CORPORATIONS. [ART. 23

1904, art. 23, sec. 133. 1888, art. 23, sec. 106. 1868, ch. 471, sec. 80. 1880, ch. 185.

145. No lanes, alleys, streets, roads, canals or public thoroughfares
of any sort shall be opened through the property of any cemetery com-
pany incorporated under the provisions of this article, which is used
or appropriated for the purpose of burial; but nothing herein contained
shall authorize any such corporation to obstruct any public road, street
or lane actually opened and used as such at the time of its incorpora-
tion, or then laid down on any plat made by authority of the State or
city, town or county, to be opened as a street or road; provided, that
no cemetery company, incorporated under the provisions of this article,
shall establish, have or maintain for the purpose of burial any ground
within the distance of one thousand yards from any boundary line of
Druid Hill Park, nor permit any interment therein; nor shall any
funeral or burial procession to or from any cemetery incorporated under
the provisions of this article pass through any part of said Druid Hill
Park without the permission in writing of the park commissioners;
and any person or persons who shall cause any such funeral or burial
procession, or any part thereof, to pass through any part of such park,
or shall participate in any manner in any interment within the terri-
tory herein prescribed and prohibited as to such interments, shall be
deemed guilty of a misdemeanor, and upon conviction thereof shall be
subject to a fine of one hundred dollars, or to such fine and imprison-
ment for ten days in jail in the discretion of the court.

Where a corporation owns a cemetery, but is not a "cemetery company
incorporated under the provisions of this article," this section has no applica-
tion. The right of condemnation of the Balimore and Ohio Railroad Com-
pany, held to extend to the unoccupied portion of a private cemetery- St.
James' Church v. B. & O. R. R. Co., 114 Md. 442.

Ibid. sec. 134. 1888, art. 23, sec. 107. 1868, ch. 471, sec. 81.

146. Every burial lot sold or conveyed in such cemetery shall be
held by the proprietors thereof for the sole purpose of sepulture and for
none other, and shall not in any manner be subject to attachment or
execution for debt, or affected by the insolvent laws of this State; but
the estate of the owner or owners in their respective lots shall descend
as real estate to heirs, may be devised by will or may be disposed of by
the owner by sale, with the approval of the president and managers of
the corporation.

This section was Intended to apply only to lots held for the personal use
of the proprietor, and not to those held for speculative or other purposes;
hence, lots of the latter class are not exempt where the owner goes into
bankruptcy. Burdette v. Jackson, 179 Fed. 229.

This section referred to in construing section 145—see notes thereto. St.
James' Church v. B. & O. R. R. Co., 114 Md. 442.

Ibid. sec. 135. 1888, art. 23, sec. 108. 186S, ch. 471, sec. 82.

147. A certificate under the seal of the corporation of the owner-
ship of any lot sold or conveyed as aforesaid shall in all respects have
the same effect as any conveyance from such corporation of said lot