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 LITTLE LAKE CEMETERY: 
 
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 RULES, KEOirLATIONS, ^fec.. 
 
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 WITH AN APPENDIX 
 
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 CONTAININC 
 
 CATALOGUE OF PROPRIETORS, 
 
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 KKPOttT OF SIJRVE 
 
 AND A copy OK THK 
 
 ACT OF INCORPORATION, 
 
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 TORONTO: 
 
 inUNTKD AT H. SCOBIE'S STEAM PRIN'HNG ESTABLISHMENT. 
 
 1852. 
 
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 LITTLE LAKE CEMETEBY: 
 
 vm 
 
 RULES, REGULATIONB, <fcc„ 
 
 CATAi 
 
 WITH AN APPENDIX 
 
 COMTAIKTIIO 
 
 OP PROPRIETORS, 
 
 REPORT OF SURVIEVOR, 
 
 ?• 
 
 AMD A COFV or ^E 
 
 ACT OF INCORPORATION, 
 
 &c. &c. &c. 
 
 TORONTO: 
 PRmXED AT H. SCOBIE'S STEAM PRINTING ESTABLISHMENT. 
 
 1852. 
 
 o>-i 
 
*f - ^- 
 
 OFFICERS 
 
 or THE 
 
 INCORPORATION, 
 
 FOB l%ii. 
 
 D IR ECTO R 8: 
 
 W. a CONGER, EsQ^ President 
 G. B. HALL, Judge, C. C. EDMOND CH\MBERLEN, 
 Rev. JOHN GILMOUR, R. D. ROGERS, 
 Rev. J. M. ROGER, WILLIAM HALL, and 
 
 THOMAS BENSON, JAMES HALL, Esquires. 
 
 ROBERT DENNI&TOUN, Esquire, Secretary d- Treanirer. 
 
 ' 
 
TO THE PUBLIC. 
 
 The impoilauoe of eBtabiyiing mrui Cemct-iied in the vicinity of 
 papulous Town» and Citi» Uiioughout the civilised world k now so 
 univenally aJmitlH and the impf«>^ Hy of making interments beneatli 
 and around Churehe* and in t.rjdl t trying grounds to generally 
 at^kTiOwledjjeii* that any attempt at thU time to prove ths advant&gea 
 of the om or tJw injurious tendeucy of the other would be unnecessary. 
 
 So rtrongly were the pivmotcrs of the Little Lake Cemetery im- 
 pnjs3e.l with the advantages of securing suitable resdng places for the 
 di^ad, wheie they might remain undisturbed for all time to come, that 
 ttiey prepared a Bill and caused it to bo introduced into Parliament, 
 which Bill afterwards became a law, authorizing the formation of 
 Cemetery Companiea throughout Canada West. 
 
 It was under this Act— which wiU be found in another part o^ this 
 p«mphlet.-~that the Little Lake Cemetery Company was incorporated. 
 
 The grounds selected by the Company, while they are sufficiently 
 remote from the Town to insure security against those nolatioiis of the 
 i^ve— which the rapid growth of our American Towns so frequently 
 subject them to, are yet so near-being within -ne m'^e cf t^^ market 
 square— as to render them of easy access. 
 
 The appropriateness of the Site, and the beauty of the Scenery 
 (jannot be surpassed, and when the improvements commenced shall 
 have been carried into effect, « The Little Lake Cemetery" will, durmg 
 the summer season, afford a dolightful placo of resort, either to walk or 
 drive; for not only has great care been taken to select the most suitable 
 i^round for its location, but skilful and competent artists have been 
 employed to design and lay it Out in a manner suited to the tastes 
 
and wishes of a discerning public; and no reasonable expenfle will be 
 spared to embellish and improve it. 
 
 The Act of Incorporation authorizes and directs the land required 
 by tlie Company to be disposed of, and used exdusiveltf for the burial 
 
 of the dead. 
 
 It exempts such land forever from assessment, and from all public 
 taxes, and also from all liability to be sold on execution, or for the 
 payment of debts, by assignment under any insolvent law; it requires 
 that after the payment of the purchase money of the lands shall have 
 been made, the proceeds of all future sales shall be appropriated to the 
 embellishment and improvement of said Cemetery, and to the inciden- 
 tal expenses thereof, and to no other purposes whatever. 
 
 !^It authorizes every proprietor of a lot to vote Rt any election of 
 Directors; and requires that said Directors, nine in number, shall be 
 chosen from among the proprietors of lots. 
 
 The engraving which accompanies tliis pamphlet, will convey an idea 
 of the laying-out of Hi gi'ounds, the size and situation of lots, and 
 will also assist purchasers in their selections. The price will be fixed 
 on all lots before being thrown open for sale; and purchasers will have 
 the right to choose from all unselected ground not reserved for public 
 monuments: the prices of lots will vary from One to Three Pounds 
 Currency. 
 
 A beautiful and convenient portion of these grounds has been set 
 apart as a public burying place, where smgle graves will be famished 
 at the trifling cost of 6s. each : another portion has also been set apart 
 for the burial of the poor of all countries and ci-eeds free of charge. 
 
 A Keeper wiU be appointee) to those grounds, who will always be 
 in attendance, and to whom application may bo made for lots or single 
 graves, and who will alsvj attend to the preparation of the same. 
 Application may also be mad© to the Secretary, for the time being, for 
 lots, graves, or other information connected with the said Cemetery. 
 
 ii 
 
3 
 
 RULES AND REGULATIONS. 
 
 1. All LotB flhill be held in pureuanco of ProvincW Statute 13 & 
 14 Vktorift, Cap. 76, authorizing the fonnaHon of Cemetery Com- 
 panioi, tnd shall uot be uaed for any other purpoee than a« a place of 
 burial for the dead. 
 
 2. All interments in Lota shall be wstricted to the memben of the 
 femily and relatives of the proprietors thereof; except special penmssion 
 to the contrary be obtwned in writing at the Office of the Corporation. 
 
 8. The proprietor of each Lot shaU have a right to enclose the same 
 with ports and chains, according to tha form designated by the Directors. 
 
 4, It shall be the duty of the Directors from time to time to make 
 sach Rules and Regulations for the planting, improvement and govern- 
 ment of the grounds, as they may deem requisite and proper, to secure 
 and promote the general objects of the Institution. 
 
 RULES CONCERNING INTERMENTS. 
 
 1. The dutiea of superintendent of interments will be performed by 
 the Keeper of the grounds, who will reside at the Cemetery, and be 
 required to attend every interment. 
 
 2. In case of burial, a statement giving the name, age, place of 
 
 nativity, residence and disease of the person to be intenwl, must be 
 handed to the Keeper, for the purpose of an accurate register being 
 made of the same. 
 
 3. Whenever interments are to be made at leaat six hours previous 
 notico thereof must be given to the Keeper of the Cemetery. 
 
 4. All interments will bo subject to the following charges, which 
 must be paid to the Treasurer of the Company or to the Keeper of 
 the grounds at the time of interment: — 
 
 Opening, closing and sodding each adult grave, Vs. 6d. 
 Opening, closing and sodding each child's grave, Ss. Od. ^ 
 
BULBS FOR VISITORS. 
 
 Bftcli proprietor of a Lot will b« entitletl to a tick«t of admission into 
 the Cemetery with vehicle, imder the following regulations, the violation 
 of which, or a loan of a tieketj involved a forfeiture of the privilege: — 
 
 1. No vehicle will be admitted unlew accompanied by a proprietor ^ 
 or a member of hia or her household, with his or her ticket, or unlea 
 piwenting a special ticket of admission obtmaed of the Secretary. . 
 
 2. On Sundays the carriage gates will be dosed, proprietor* of Loto 
 however, and the public generally, will be admitted on foot, by apply- 
 ing to the Keeper at tbo Lodge. 
 
 3. None but Lot-holders and their household will be admitted on 
 horseback, and they only by obtaining a special ticket of admission at 
 the Office of the Secretary. 
 
 4. No vehicle will be allowed to pass through the grounds at a rate 
 exceeding four miles the hour. 
 
 6. No person or party having refreahmeuta will be permitted to 
 to oome within the grounds, nor will any smoking be aiiowed. 
 
 6. Children will not be admitted without their parents or guardians, 
 or some jwrson in charge of them, who will be held responsible for 
 their conduct: persons having dogs must leave them festened at the 
 gate. 
 
 7. No horse may be left within the grounds by the driver unfastened. 
 
 8. All p^ii-sons are prohibited from breaking any tree, shrub or plant 
 
 9. All persons are prohibited from writing upon, de&cing, or injur- 
 ing any monument, fence or other structure, in or belonging to the 
 Cemetery. 
 
 10. Any person disturbing the quiet and good order of the place 
 by noise or other improper conduct will be punished accordiDg to law. 
 
 » 
 
CATALOGUE OF PEOPRIETORS: 
 
 K 
 
 (TO TOKE 21st, 1852.) 
 
 O. B. Hall, 
 W. S. Conger, 
 Robert Nick)lfl, 
 James Harvey, 
 James Wallia, 
 William Cluxton, 
 James H&U, 
 Thomaa Benjson, 
 Robert Demustoun, 
 Charles Perry, 
 G.F. Orde, 
 John Harvey, 
 Edmond Chamberlen, 
 James Sterenson, 
 Robert Thompson, . 
 William Snyder, 
 A> McNeil, 
 Christopher Marshall, 
 
 James Edwards, 
 S. J. Carver, 
 William HaU, 
 Geoi^ Brownlee, 
 John F. Albro, 
 A. Cathcart, 
 A. 8. Fraser, 
 George Jenkins, 
 W. H. J. Vizard, 
 Daniel Griffith, 
 Walter Sheridan, 
 Thomas Fortye, 
 Samuel Dickson, 
 Rev. John Gilmour, 
 Rev. John M. RogetSy 
 Clarke Spalding, 
 R. D* Rogen> 
 
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 REPORT 
 
 1h aeampany a Plan of the arrangement and mode of laying out the 
 Ground of the « Little Lake Cemetery," Peterborough, C. W, : 
 
 GXHTLXUtV, 
 
 Having, according to your instructions, made a survey of the proposed 
 •ite for a Cemetery, and carefully studied the natural features and 
 contour of the ground, which possesses a variety of outline, and though 
 to wme places uneven, is not hilly or anywhere precipitous, it was 
 deemed advisable to deviate altogether from the method hitherto adopted 
 of laying out the ground in rectangular blocks, inasmuch as it would be 
 more inconvenient and expensive to excavate for carriage roads in direct 
 lines over the undulating surface of the north-western portion of the 
 ptopoced Cemetery, than to wind round the slopes in easy and graceful 
 cuTvest 
 
 The spot selected is one possessing a» unrivalled advantage over any 
 other of the kind I have seen in this country, and requires but a small 
 outlay of capital to render it the most attractive in Canada. 
 
 Tha Mil is in no instance swampy ; and if at any time, surface water 
 ohoold accumulate from heavy rains, or the sudden thawing of heavy 
 fallt of snow, it can be easily carried off by shallow drains into the 
 adjoining Lake ; for this purpose, one principal drain might be con- 
 fllracted, if absolately necessary, in the coacave ground between the 
 Ooltgon on the east and the Chapel Block on the west, having a fall of 
 «bout one inch ia every ten feet; and in order that none of the graves 
 cn^ht bo distarbod, it can be eXv-^avatel in its entire length under the 
 carriage roads, in a direction from south to north — the outlet of the said 
 drain should be towards the north-east No other would bo required in 
 any part of the Cemetery : the soil being dry and porous, and w«U 
 adqrta^f^of the purpsies t€ intorment. 
 
 Aa a ** Reeoiving Vault" has become an indispensable appendage to 
 flUKiero Cemeteries, and it is in contemplation to erect a small chapel 
 at aooxe future day, for the convenience of reading the Burial Service, 
 a block of land has Been reserved entire for thut purpose. The building 
 ahottld be of a plain and unobtrusive design, and of that style d 
 afchiteeture which prevailed in England about the year 1800, and 
 gaaerally known as the ** Early English, or Lancet Style." 
 
 Whenever a Receiving Vault is absolutely required, it can bo coa- 
 flUaalad eo as to correspond with the ehaneel of a Church, when the 
 aatire ediftco is «re£ted ; but this apparent chancel is to have no internal 
 
10 
 
 communication with the main building, but merely attached so as to 
 preserve unity of design, and so save the expense of two separate 
 buildings. 
 
 After some little outlay has been made in improving the roads, &c., 
 a Superintendent's residence will be required, the occupier of which, 
 should be cor.stantly engaged in carrying forward such improvements 
 as have been decided upon and begun, and also to prevent any injury 
 being done to the trees and fences, either through malice or wantoness. 
 This building should be situated within a short distance of the main 
 entrance or gateway, and correspond in appearance with the chapel. 
 
 Those blocks not subdivided into lots, are intended to be reserved for 
 any specific requirement that may arise in future, (including, at the 
 same time, that part which skirts the margin of the Lake,) and are to 
 be kept as shrubberies, — not, however, in one dense mass of foliage, 
 but interspersed with occasional vistas, so as to increase the variety and 
 produce an ornamental and picturesque eifect ; all broken angles and 
 fragments of lots are intended also to be reserved for planting. 
 
 It is proposed to intersect these reserves and blocks with footpaths 
 about four feet wide, laid with gravel ; rustic seats made from the 
 gnarled and knotty branches of trees, should be secured at proper 
 distances, for the purposes of repose and meditation. 
 
 On the summit level, and the north side of the grounds, are to be 
 found numerous gneiss and granite boulders, which, at first, may be 
 considered a great inconvenience when digging forjgraves, but I would 
 on no account recommend their removal from the ground, inasmuch as 
 the large ones can be surrounded and sheltered with shrubs, and 
 occasionally used as seats, whilst the smaller ones might be collected 
 together and piled up to form a cairn. 
 
 In wealthy and densely peopled districts, the most effective wrange- 
 ment is aimed at, and greater atteniion is bestowed upon the design 
 and distribution of sepulchral monuments, and the prevention of any 
 incongruous structures t>eing placed upon the ground: — but in the 
 infancy of this establishment, the careful introduction of trees, shrubs, 
 and grass plots, should be your first care. 
 
 The choice of trees should not fall upon such as have their foliage of 
 a very bright and vivid green : and those that have a pendent tendency 
 should chiefly be preferred, such as the dwarf beech, birch, acacia, the 
 larch and the willow, which, not only have a pleasing contrast of color, 
 but also difTer p' character ;— tho long avenue, as a variety to this, i» 
 intended to be planted with the aspen and poplar. 
 
 I 
 

 11 
 
 The Octagon may be used for interment, if absolutely required ; but 
 at present, the central space is reserved for a group of willow trees, 
 with seats under, and so situated as to be in front of, and command a 
 view of any approach on the cruciform carriage way. 
 
 The principal blocks allotted for interment are mapped out into 
 pathways four feet wide, and subdiviJed into lots eight feet by fourteen 
 feet six inches, making an area of 116 square feet, being, I believe, 
 sixteen feet more than is by law required. The stakes already planted 
 on the cruciform carriage-way, are thirty-three feet apart ; two feet on 
 ep'^h side of these stakes are to be taken to make the footpaths, and so 
 on in straight lines, as shewn on the accompanying map. 
 
 The blocks are first lettered, then divided into ranges, and again 
 sub-divided into lots, and numbered, in order to describe any particular 
 lot which may be required. 
 
 I have the honor to be. 
 Gentlemen, 
 Your very obedient Servant, 
 
 F. F. PASSMORE, 
 
 Provincial Land Surveifor. 
 
 Toronto, December 10, 1851. 
 
 To the President and Directors of 
 
 the " Little Lake Cemetery,** 
 Peterborough. 
 
CAP. LXXVI. 
 
 An Act to authorize the formation of Companies for the establishment and 
 management of Cemeteries in Upper Canada. 
 
 1 10th August, 1850. 
 
 WHEREAS it hath become necessary to the health of many Towns in 
 Upper Canada, that Public Cemeteries should be established near 
 to, but without the limits of the said Towns, upon the plan now adopted by , 
 t he Inhabitants of many of the Cities in Europe and America: And whereas 
 the delay and expense incident upon obtaining a special Act for each 
 Company operate as a great d iscouragement to persons desirous of founding 
 such Cemeteries : Be it therefoie enacted by the Queen's Most Excellent 
 Majesty, by and n'ith the advice and consent of the Legislative Council 
 and of the Legislative Assembly of the Province of Canada, consthuted 
 and assembled by virtue of and under the authority of an Act passed in 
 the Parliament of the United Kingdom of Great Britain and Ireland, 
 and intituled, An Act to TC'unite the Provinces of Upper and Lower Ca- 
 nada, and for the Government of Canada, and it is hereby enacted by the 
 authority of the same, That any number of persoris, not less than twenty 
 respectively, may, in Upper Canada, form themselves into a Company 
 under the provisions of this Act for the purposes aforesaid. 
 
 II. And be it enacted, That when any number of persons not less than 
 twenty shall have subscribed, and paid in a sufficient quantity of stock 
 to amount to a sum adequate, in their judgment, to the ourchase of the 
 ground required for a Cemetery, and shall have executea an instrument 
 according to the form in the Schedule A, to this Act contained, and shall 
 have paid to the Treasurer of such intended Cemetery twenty-five per 
 cent, upon the capital stock intended by such Company to be raised for 
 the purpose aforesaid, which sum shall not be less than that required 
 for the purchase of the grounds necessary for such Cemetery, and shall 
 have registered such instrument at full length, together with a receipt 
 from the Treasurer of such Company, for such first instalment of 
 twenty-five per cent, as aforesaid, with the Register of the County in 
 which the grounds to be purchased shall be situate, such Company 
 shall thenceforth become and be a body corporate by such name as 
 shall be designated in the instrument so to be registered as aforesaid; 
 and by such name, they and their successors shall and may have 
 perpetual succession, and shall be capable, both at law and in equity, 
 of suing and being sued, of impleading and being inipleaded, answering 
 and being answered unto, defending and being defended in all Courts 
 of law and equity, and places whatsoever, in all manner of actions, 
 suits, complaints, and causes whatsoever; and they and their successors 
 may have a common seal, and the same may make, alter, and change 
 at their will and pleasure, and they and their succet , by their 
 corporate name, shall be capable of taking, purchasing, havmg, holding, 
 conveying, selling, and departing with, any piece or parcel of land in 
 Upper Canada, to be used exclusively as a Cemetery, or a place for the 
 burial of the dead. 
 
 III. And be it enacted. That the alTairs, property, and concerns of 
 every such Company which shall or may be formed under the provisions 
 of this Act, shall be managed by nine Directors, a majority of whom 
 shall form a quorum capable of doing business, which said Directors 
 shall be chosen bv ballot from amonsr the Mibscrihers to the said 
 
 amnncr 
 ZS 
 
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13 
 
 instrument so lo be registered as aforesaid, and thereafter to be annually 
 elected by the said stockholders on the third Monday in January in each 
 and every year; and that upon the first and every such election of 
 Directors, each snareholder shall be entitled to one vote for every share 
 he may hold or be possessed of up to ten, and one vote for every five 
 shares above ten; but no stockholder shall be allowed to vote at any 
 election unless he shall have paid at least ten shillings upon each lot 
 or share he may hold. 
 
 IV, And be it enact^^d, That every lot or share in the said Cemetery 
 shall contain not less than one hundred superficial f^et, and every 
 person holding such lot or share, and having paid as before piovideo, 
 shall be deemed and taken to be a shareholder, and every shareholder 
 who shall have paid in a sum not less than two pounds, shall be eligible 
 for a Director* 
 
 V, And bo \l enacted, That the Directors, or a majority of them, 
 shall, at their first meeting, elect one of their number to be President of 
 the said Company, and the President, if present (or if he be not present, 
 then some Director chosen for the occasion), shall preside at all meetings, 
 and in cases of equality shall have the casting vole : And the said 
 Directors may pass By-laws for the laying out, selling, and management 
 of the grounds required for the Cemetery, — for regulating the erection 
 of tombs, monuments, or grave-stones therein, and for empowering the 
 President to execute deeds or conveyances of plots of ground in the 
 Cemetery to shareholders, — and shall keep a book in which shall ^e 
 recorded all By-laws and proceedings, and to which any person shall 
 have access for the purpose of searching and making extracts therefrom 
 ■without payment of any fee whatsoever. 
 
 VI, And be it enacted, That the real estate oi any Company formed 
 iander the provisions of this Act, and the lots or plots when conveyed by 
 the Company to individual proprietors, shall be exempt {vom taxation 
 or assessment of any kind, and not liable to be seized or sold on 
 execution, or attached or applied to the payment of debts by assignment 
 under any bankrupt or insolvt; . ..w, that all lots or plots of ground when 
 conveyed and numbered as lots by nny Company formed under the 
 provisions of this Act, shall be indivisible, but may afterwards be held 
 a:id owned in undivided shares: and one-half of the proceeds of all 
 sales made by any such Company shall be first applied to the payment 
 of the purchase money of the land acquired by such Company, and the 
 residue thereof to preserving, improving, and embelliching the land ns 
 a Cemetery, or burial ground, and to "the incidental eypenses of the 
 Cemetery Establishment : and after payment of such purchase money, 
 the proceeds of all future sales shall be applied to the preservation, 
 improvement, and embellishment of the Cemetery, and the incidenta. 
 expenses thereof, and to no other purpose whatever: And no dividend 
 or profit of any kind shall be paid by any such Company to any member 
 or members thereof: Provided nevertheless, that the Directors of said 
 Company shall be personally liable for any judgment recovered against 
 the said Company. 
 
 VI r. And be it enacted, That any Company formed as aforesaid shall 
 furnish gia'/es for strangers and the poor of all denominations, free of 
 charge, on the certificate of a Minister or Clergyman of the denomjnatioi 
 to which such person may hive belonged, that the relatives of .thn 
 deceased are poor and cannot afford to purchase a lot in the Cemeterv : 
 
 f 
 
14 
 
 and the Directors of any such Company may sell any lot of any size 
 whatever, but no party being proprietor of a lot containing a less 
 (juantity than one hundred superficial feet, shall thereby become a 
 Member of the said Company, or have any vote in the * anagement of 
 the affairs thereof. 
 
 VIII. And be it enacted, That the lots sold by any Company' formed 
 as aforesaid, shall be conveved by a daed, in the form in the Schedule 
 to this Act marked B, which conveyance shall not require to be 
 registered for any purpose whatever, nor shall it be affected by any 
 Registry Act now in force in Upper Canada, nor shall any judgment, 
 mortgage, or incumbrance in any wise subsist on any lot so conveyed. 
 
 IX. And be it enacted, That any person who shall wilfully destroy, 
 mutilate, deface, injure, or remove any tomb, monument; grave-stone, 
 or other structure placed in any Cemetery, or any fence, railing, or 
 other work for the protection or ornament of any Cemetery, or of any 
 tomb, monument, grave-stone, or other structure aforesaid, or of any 
 Cemetery lot within any Cemetery, orshall wilfully destroy, cut, break, 
 or injure any tree, shrub, or plant, within the limits of any Cemetery, 
 or play at any game or sport, or discharge fire-arms (save at a military 
 funeral) in any such Cemetery, or who shall wilfully and unlawfully 
 disturb any persons assembled for the purpose of burying any body 
 therein, or who shall commit any nuisance in any such Cemetery, shall 
 be deemed guilty of a misdemeanor, and shall, upon conviction thereof 
 before any Justice of the Peace, or other Court of competent jurisdiction, 
 be punished by a fine of not Jess than one pound nor more than ten 
 pounds, according to the nature of the offence ; and such offender shall 
 also be liable to an action of trespass, to be brought against him in any 
 Court of competent jurisdiction, in the name of any such Corporation 
 aforesaid, to pay all damages which ohall have been occasioned by his 
 unlawful act or acts ; which money, when recovered, shall be applied 
 under the direction of the Directors for the reparation and re-construction 
 of rhe property destroyed, and members of any such Company may be 
 competent witnesses in tiuch suits* 
 
 X. And be it enacted, That every Company formed as aforesaid shall 
 make regulations for ensuring that all burials within its Cemetery ara 
 conducted in a decent and solemn manner. 
 
 XI. And be it enacted, That no body shall be buried in any vault 
 under any chapel or other building in any such Cemetery, nnr within 
 iifteea feet of tne outer vrall of any such chapel or building. 
 
 XII. And be it enacted. That every part of every such Cemetery 
 shall be enclosed by walls or other sufficient fences of the height of 
 eight feet at Ic " 
 
 nacted, That every Company fovmed as aforesaid 
 itery, and the buildings and fences thereof, in 
 in good order and condition out of the moneys to 
 be received by it in virtue of this Act. 
 
 XIV. And be it enacted, That every Company formed as aforesaid 
 shall make all proper and necessary sewers and drains in and about its 
 Cemetery for draining it and keeping it dry: and they may froni time to 
 time, as occasion requires, cause any such seveer or drain to open into any 
 existing sewer, with the consent in writing of the persons having the 
 management of the street or road, and of the owners or occupiers of 
 
 XIII. And b( 
 shall keep its C 
 complete repair a) 
 
 I 
 
 ,^ 
 
\ 
 
 \ 
 
 
 15 
 
 Ihe lands through which such openirfg is made, doing as little da:nu^e 
 as possible to the load or ground wherein such sewer or drain may bo 
 made, and restoring it to the same or as good condition as it was in 
 before being disturbed. 
 
 XV. And ! i( enacted. That if any Company formed as aforesaid at 
 any time cause or suflfer to be brought or to flow into any river, spring, 
 well, stream, canal, reservoir, acqueduct, pond, or watering place, any 
 offensive matter from their Cemetery, whereby the water therein shall 
 be fouled, the Company so offending shall forfeit for every *uch offence 
 the sum of Twelve Pounds Ton Shillings currency. 
 
 XVI. And be it enacted, That the said penalty, with full costs of 
 suit, may be recovered by any person having right to use the water 
 fouled by such offensive matter by a civil action in any Cnuit of 
 competent jurisdicti n: Provided always, that the said penalty shall 
 rot be recoverable unless the same be sued for during the continuance 
 of the offence, or within six months after it has ceased. 
 
 XVII. And be It enacted, That in addition to the said penalty of 
 Twelve Pounds Ten Shillings (and whether the same be recovered or 
 not) any person having right to use the water fouled by such offensive 
 matter may sue the Company in a civil action in any Court of competent 
 jurisdiction for any damage specially sustained by him by reason of the 
 water being so fouled ; or, if no special damage be a".eeed, for tha sum 
 of Two Pounds Ten Shillings for each day during which such offensive 
 matter is brought or flows as aforesaid, after the expiration of 
 twenty-four hours from the time when notice of the offence is served 
 upon the Company by such person. 
 
 XVIII. And be it enacted. That the Directors of any Company 
 formed under the provisions of this Act shall have full power to call for 
 instalments on the sums which shall be subscribed for, and to appoint a 
 time for the payment thereof, and if the same shall not then bo paid, 
 the right of any subscriber, and every instalment he may have formerly 
 paid, shall be forfeited, and he shall be held not to have subscribed, 
 unless the Directors shall think it expedient to remit such forfeiture, 
 which they may do in their discretion, if the instalments be paid with 
 interest within one year after the day when it ought to hh j been paid. 
 
 XIX. And be it enacted. That this Act shall be a Public Act. 
 
 SCHEDUtE A. 
 
 Be it remembered, that en this day of in 
 
 the year of our Lord one thousand eight hundred and 
 We, the undersigned, Stockholders, met at in the County 
 
 of in the Province of Canada, and resolved to form 
 
 ourselves into a Cemetery Company, to be called 
 according to the provisions of an Act of Parliament, intituled, An Actj 
 Sfc.f (insert the title of this Ad) and we do hereby agree that the Capital 
 Stock of the -^aid Company shall be pounds, to be divided 
 
 into shares of pounds each, entitling the holder to one 
 
 hundred superficial feet ; and we, the undersigned Stockbolders, do 
 hereby agree to accept and take the number of shares set by us opposite 
 
 /I 
 
16 
 
 to our respective signatures, and we do hereby agree to pay the calls 
 thereon, according to the provisions of the said Act, and of the Rules, 
 Regulations, and By-laws of the said Company, to be made in that 
 behalf. 
 
 NAME. 
 
 No. OF SHARES. 
 
 AMOUNT. 
 
 
 
 
 B. 
 
 Know all men by these presents, That the Cemetery, 
 
 in consideration of Pounds, paid to them by 
 
 .of , the receipt whereot 
 
 is hereby ackHowledgea, do grant uato the said , 
 
 his heirs and assigns. Let of Land in the Cemetery of the said 
 
 Company, called , and situate in the County ol 
 
 , which Lot is delineated and laid down on the 
 map of the said Cemetery, and which said Lot is therein designated by 
 the name of , containing by admeasurement 
 
 superiioial feet } To Ixave and to hold the herein 
 r^bove named premises, &c. 
 

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