866 ARTICLE 23

An. Code, 1924, sec. 173. 1912, sec. 145. 1904, sec. 133. 1888, sec. 106. 1868, ch. 471,

sec. 80. 1880, ch. 185.

175. No lanes, alleys, streets, roads, canals or public thoroughfares of
any sort shall be opened through the property of any cemetery company
incorporated under the provisions of this article, which is used or appro-
priated for the purpose of burial; but nothing herein contained shall author-
ize any such corporation to obstruct any public road, street or lane actually
opened and used as such at the time of its incorporation, 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 territory 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 imprisonment
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 application. The right of con-
demnation of the Baltimore and Ohio Railroad Company, held to extend to the un-
occupied portion of a private cemetery. St. James' Church v. B. & O. R. R. Co., 114
Md. 442.

An. Code, 1924, sec. 174. 1912, sec. 146. 1904, sec, 134. 1888, sec. 107. 1868, ch. 471,
sec. 81. 1920, ch. 528, sec. 146.

176. Every burial lot, sold or conveyed in such cemetery and every
crypt sold or conveyed in any mausoleum, shall be held by the proprietors
thereof for the sole purpose of sepulture and for no 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 and crypts 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 cemetery or mausoleum
corporation or of any person or corporation acting as trustee therefor.

This section was intended to apply only to lots held for the personal use of the pro-
prietor, 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 sec. 175—see notes thereto. St. James' Church
v. B. & O. R. R. Co., 114 Md. 442.

An. Code, 1924, sec. 175. 1912, sec. 147. 1904, sec. 135. 1888, sec. 108. 1868, ch. 471,
sec. 82. 1920, ch. 528, sec. 147.

177. A certificate under the seal of the cemetery or mausoleum cor-
poration or of any person or corporation acting as trustee therefor, of the
ownership of any lot or crypt, sold or conveyed as aforesaid, shall in all
respect have the same effect as any conveyance for such corporation of said
lot or crypt would have if executed, acknowledged or recorded as convey-
ances of real estate are by the laws of this State required to be.
See art. 16, sec. 115, and notes.