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Terms Used In Vermont Statutes Title 18 Sec. 5434

  • Cemetery: means any plot of ground used or intended to be used for the burial or permanent disposition of the remains of the human dead in a grave, a mausoleum, a columbarium, a vault, or other receptacle. See
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Person: means any individual, company, corporation, association, partnership, the U. See
  • State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
  • Trustee: A person or institution holding and administering property in trust.

§ 5434. Penalty for doing business as a cemetery association without authority

A person, firm, corporation, or association, or a trust, trustee, or trustees of any person, firm, corporation, or association, who, without authority of this chapter so to do, shall exercise or attempt to exercise any powers, privileges, or franchises that are specified or may be granted under this chapter to incorporated cemetery associations, or who shall by any device attempt to evade the provisions of this chapter applicable to cemetery associations in respect to the sale of lots or spaces for the permanent disposition of human remains and the disposition of the proceeds thereof, shall be fined not less than $1,000.00 nor more than $10,000.00, and may be enjoined from further doing of such acts at the suit of any taxpayer of the State. However, the provisions of this section shall not affect or impair the rights of a person, firm, corporation, or association or a trust, trustee, or trustees of such person, firm, corporation, or association under any existing contract or contracts between such parties and incorporated cemetery associations, nor shall the performance of the provisions of such contract or contracts subject parties thereto to the penalties imposed by this section. (V.S. 1947, § 4068; P.L. § 3900; 1933, No. 49, § 21; amended 2021, No. 169 (Adj. Sess.), § 15, eff. January 1, 2023.)