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Corporation

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23 WEST MAIN STREET

WEBSTER, N.Y. 14580

(716) 872-4503

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SAINT ANDREW..^

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ADOPTED AS REVISED

18th MARCH^ a: t). 1879.

SAINT JOHN, N: B.
PRINTED BY BARNES & COMPANY,

PKINCE WILLIAiyi STKBBT,
. 1879.

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ACT OF INCORPORATION,

Passed 26th March, 1837,

AND

BYE-LAWS, RDLESand REGULATIONS

OF THE

SAINT ANDREW S

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ADOPTED AS REVISED

18th MARCH^ A. D. 1S79.

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SAINT JOHN, N. B. ,^«!)^

PRINTED BY BAIIXES & COMPANY,

rr.INCE WILLIAM STKEET,

1870.

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AN ACT

TO INCORPORATE THE

SAINT ANDREW'S RURAL CEMETERY COMPANY.

CHAPTER XXVI.

Section. Section

1. Company incorporated. 5. Penalties for injuries,

d. first meeting of Corpora- ces; recovery and appli-

A ^"<^H'Callof cation.

4. Cemeteryexempted from 6. Cemeterylots exempt from
laxes. execution.

7. Setting apart of portions of
Cemetery for exclusive
» uses.

Passed 26th March, 1857.
Whereas, a suitable place for the burial of the
dead is much required in the Parish of Saint An-
drews :

Be it therefore enacted by the Lieutenant Gover-
nor, Legislative Council, and Assembly, as follows:

1. That G. F. Campbell, D. W. Jack, James
Boyd. Thos. Jones, S. S. Odell, John Lochary, Rob-
ert Stevenson, G. F, Stickney, Hugh Morrison,
Chas. Bradley, and S. T. Gove, their associates, suc-
cessors, and assigns, be, and they are hereby de-
clared to be, a body politic and corporate by the name
of " The Saint Andrew's Rural Cemetery Com-
pany," and by that name shall have all the general
powers and privileges made incident to a Corpora-
tion by an Act or Acts of the General Assembly now
or hereafter to be in force in the Province, for the pur-
pose of procuring and maintaining a Cemetery or
Burial Ground in the Parish of Saint Andrews in
the County of Charlotte.

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2. The Capital Stock of the said Corporation
shall consist of the sum of two thousand Ave hun-
dred pounds, and shall be divided into one thou-
sand shares, to be paid in such sums and at such
limes as the Directors of such Corporation shall
from time to time appoint.

3. The first meeting of the said Corporation shall
be called by the Town Clerk of the Parish of Saint
Andrews, or in case of his death, neglect, or refusal,
by any two of the said Company, by giving ten days'
notice of the time and place of such meeting.

4. The land purchased and held by the said Cor-
poration for the purposes herein expressed, is here-
by declared to be exempted from all rates, assess-
ments, and taxes, so long as the same shall remain
dedicated to the purposes of a Cemetery.

5. If any person or persons shall wilfully destroy,
mutilate, injure, or remove any tomb, monument,
grave-stone, or other structure, placed in the Ceme-
tery aforsaid, or any fence, railing, or other work
for the protection or ornament of any tomb, monu-
ment, grave-stone, or other structure aforesaid, or
shall wilfully destroy, remove, cut, break, or injure
any tree, shrub, or plant, within the limits of the
said Cemetery, or shall play at any game or sport, or
shall discharge any gun or fire-arm, save at a mili-
tary funeral, within the said Cemetery, or shall wil-
fully or unlawfully disturb any persons assembled
in the said Cemetery for the purpose of burying any
body therein, or who shall commit any nuisance
within the said Cemetery, shall be deemed guilty of
a misdemeanor, and shall, upon conviction thereof,
before any Justice of the Peace, be punished by a
fine of not less than one pound, or more than five
pounds, or be committed to the common gaol for

the space of not more than tliirty clays, accordinf^ to
the nature anil aggravation of the offence; and such
offender shall be liable to an action of trespass, to
be brought against him in any Court of competent
jurisdiction in the name of the Corporation, to pay
all such damages as shall be occasioned by his or
their unlawful act or acts; which money when re-
covered, shall be applied by the Corporation to the
reparation of the property destroyed or injured aa
above, and members of the Corporation shall be
competent witnesses to such suits.

(). The lots in the said Cemetery, and the land
enclosed but not laid out in lots, shall not be levied
upon or taken iu execution, but shall be altogether
free from seizure; and the property in the same, or
any part thereof, shall not prevent any confined
debtor from receiving support under the law for the
relief and support of confined debtors.

7. The Corporation may set apart for the special
and exclusive use of any denomination of Christians
a portion of the ground within the said Cemetery,
on such termj and conditions, and subject to such
regulations, as may be mutually agreed on.

BYE-LAWS,

RULES AMD EEGULATIONS

OF THE

SAINT ANDREW'S RllAL CEMETERY COIIPANY.

CHAPTER I.
Sec. 1.— Every shareholder in tlic said Corpora-
tion shall have, and be entitled to have, a certificate
under the seal of the said Corporation, and signed
by the President and Secretary thereof, certifying
his property in the said Corporation in the form
following, that is to say :

No Shares

Saint Andrew's Rural Cemetery Company.

Incorporated by Act of Assembly.
Capital, $10,000. 1,000 Shares of $10.00 each.
This is to certify, that A B is pro-
prietor of Share , No. to , inclusive,

of Ten Dollars each, of the Capital Stock of the
Saint Andrew's Rural Cemetery Company, on
which share there has been paid per cent.,

subject to the Bye -Laws, Rules and Regulations of
the said Company, the laws of the Province of New
Brunswick, and those in force within the same, and
that the whole or any number of such shares are
transferable by assignment of this certificate, en-
dorsed thereon, record thereof being made by the

Secretary in the Hegintry Book of the CorponitioD,
and on Hurrcndcrof tluH certificate.

In Testimony Wlierciof, the PreHideut
and Secretary have liereuuto Hi«,nied
[L. S.] their nanuj.s and afHxed the Seal of
the Corporation this day of

A. D. 18
Secretary. President.

Sec. 3.— That whenever any rtssessment shall be
made, it shall be the duty of the Treasurer to give
notice thereof in one newspaper, published in Saint
Andrews, requiring payment of the same in 30 days,
and if any shareholder shall neglect or refuse to pay
. to the Treasurer the amount of such assessment upon
his share or shares at the time prescribed, it shall
be the duty of the Treasurer to advertise such de-
linquent's share or shares for sale at public auction,
giving at least ten days* notice of time and place of
such sale, and such share or shares upon which the
assessment or assessments, or instalments thereof,
shall then remain unpaid, shall bo sold to the high-
est bidder, and such sale shall be a legal transfer of
the share or shares so sold to the purchaser or pur-
chasers thereof, and shall be recjorded accordingly
in the book to be kept by the Directors for that pur-
pose, as aforesaid, and such purcliaser or purchasers
shall be entitled to receive a certificate in the form
prescribed in the first section of these Bye-Laws.

Sec. 3.— And whereas the said Corporation has
purchased a piece of land in the Parish of Saint
Andrews, as a burying ground, which lands shall be
forever free to all denominations of Christians, to
be divided into lots, and sold to such individuals as
may be willing to purchase the same, and the Di-
rectors have set off a part or parcel of said lots for

the Church of Eiiglsmd, which said pari or parcel
so set off the said Church has consecrated, and with-
in which, interments must be made, subject to th(3
rules of said Church, and any denomination of
Christians shall have the ria;ht to consecrate their
lots individually or collectively.

Sec. 4. — That any person who hr,s, or shall here-
after, become a proprietor of a lot or lots in the
Cemetcjry aforesaid, of a size not Itis each than 240
square feet, shall thereby become a member of the
said Corporation, and shall hare, and be entitled to
liave, a certificate under the seal of the Corporation,
signed by the Secretary, in the form following:

Saint Andrew's Rural Cemetery Company.
No

This is to certify that A B if the pro-
prietor of Lot No. , containing square feet.

on (avenue or path) situate in the Parish of Saint

Andrews, in the County of Charlotte, subject to the
Rules, Regulations and Bye-Laws of the said Cor-
poration, and for which he has this day paid the
sum oi

In tesiimony whereof, the Seal of the said Cor-
poration is hereto affixed this day of
A. D., 18

C D ,

[L. S.] Secretary.

And such certificate shall constitute a valid instru-
ment of transfer of such lot or lots as may be ex-
pressed therein, and shall be held by the purchaser
thereof for the use of bur'al only, subject neverthe-
less, to all thr> Bye-Laws of the said Corporation,

Ssc. 5. — That a general meeting of the stockholders
and proprietors of the said Corporation shall be held
at Saint Andrews on thf. first Monday in Mar- in each

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and every year, for the purpose of choosing seven
Directors for the management of the said Corpora-
tion which Directors so chosen shall remafn in

thcTr stead and shall, at their first meeting after the
electirm, choose one of their number President of the
said Corporation: Promaea always, that not less than
five Directors shall form a quorum for the transac-
tion of business, and in the absence of the President
the Director, shall have power to appoint one of
their number Chai'-man for the occasion, and such
Chairman shall have a casting vote

Sec. 6 -That the Directors for' the time being
shall and may appoint a Secretary and Treasurei
and such other officers and servants as they, or the
major part of them, shall think necessary for execu-
ting the business of the said Corporation, and shall
allow them (out of the funds of the said Corpora-
tion) such compensation for their respective services
as to them shall appear reasonable and proper and
the Directors shall likewise exercise such other
powers and authorities for the well regulating the
affairs and managing the business of the said Cor-
poration as shall be prescribed by these Bye-Laws

Sec 7. -That every person owning a share in the
capital stock of the said Corporation, and every pro-
prietor of a lot of not less each than 240 square feet
shall be a member of said Corporation, and entitled
to vote at all the meetings of the said Corporation
or to be elected as a Director, and members may
give as many votes as they own shares, and absent
members may vote by proxies; each proxy being a
shareholder or proprietor, and producing sufficient
authority in writing from his constituents: Prcycided
nevertheless, that no stockholder or proprietor shall

have by himself more than twenty-five votes, or by
himself and proxies more than forty votes, and joint
owners of a lot of 240 square feet shall have one
vote only in right of such ownership.

Sec. 8. — That the shares of the said Corporation
shall be assignable and transferable, as provided in
the certificate contained in the first section of these
Bye-Laws, the form of which assignment shall be as
follows, endorsed on the said certificate:

Saint Andrew's Rural Cemetery Company.
For value received, I, A B , do here-
by assign and transfer unto C D , and

assigns, shares of the Capital Stock

of the Saint Andrew's Rural Cemetery Company,

within mentioned, No. to No. . inclusive.

Witness my hand this
day of , in the year of our

Lord one thousand eight hundred
and

A B .

— F .

Witness, E-

Pronided, that no such assignment or transfer shall
be valid and effectual, unless the same shall be
registered in a book to be kept by the Directors for
that purpose.

Sec. 9. — That in case of any vacancy among the
Directors by death, resignation, or disqualification,
or otherwise, then and in either of such cases the
said Directors shall and may fill up such vacancy by
choosing one of the shareholders or proprietors of
lots, of not less each than 240 square feet, and the
person so chosen by the Directors shall serve until
another is chosen in his room.

Sec. 10.— That the several shareholders in the said
Corporation shall be members of the same until they

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shall be repaid, out of the funds of the said Corpor-
ation, the amounts by them respectively invested
together with interest on the same, at the rate of six
per centum per annum, when they shall cease to have
any interest in the said Cemetery, and the property
shall from thence be vested in the proprietors of
lots m the said Cemetery, and all future proprietors
of lots of not less each than 240 square feet.

Sec. ll.-The proceeds of all sales of lots, after
deductmg the annual expenses of the said Cemetery
shall be forever devoted and applied to the preser-
vation, improvement, embellishment, and enlarge-
ment of the said Cemetery, and for no other pur-
pose whatsoever.

CHAPTER II.

CEMETERY.

Sec. 1.— The present upset price of lots of 240
square feet, or 12x30 feet, shall be $10.00, and in
proportion for more or less.

Sec. 2 —a choice of lots shall be offered at auc-
tion from time to time, but private sales may be
made of lots when required for actual use, at such
prices as the Directors may fix.

Sec 3.— a portion of ground shall be set apart
for the poor, in which bodies may be deposited at
one dollar each.

Sec 4.— a portion of ground shall be set apart
for public use, in which bodies may be deposited at
two dollars each.

Sec 5.— All religious bodies shall have the privi-
lege of making interments, subject to the rules of
their several denominations.

Sec 6.— a portion of ground shall be selected and
reserved for the erection of a chapel and a keeper
and gardener's residence.

I//

Sec. 7.— The servants of the Cemetery Company
shall dig graves at the following rates, viz. :

From the Ist of November until the 1st of May, . $3 00
Ist of May until the 1st of NovembeJ,. ;.: IsO

If they are cut or dug through rock the actual
expense will be charged.

CHAPTER III.

PROPRIETORS.

Sec. 1.— The proprietor of a lot of 240 square feet
or upward shall have a right to enclose the same
with a wall or fence, the form to be approved of by
the Directors; also to build vaults, erect monu-
ments, and cultivate plants and shrubs within the
same.

Sec. 2.— If any tree or shrub shall be deemed by
the Superintendent detrimental to the grounds, he
shall, upon order from the Board of Directors, have
the right to enter upon such lots, and remove such
tree or shrub, or such part thereof as they may deem
detrimental.

^ Sec. 3.— If any monument, structure, or inscrip-
tion be placed in or upon any lot, which shall be
determined by the Directors to be offensive or im-
proper, the Directors shall have a right, and are
hereby empowered, to enter upon such lot and re-
move such offensive or improper object: Provided,
that such has not previously been sanctioned by the
Directors.

CHAPTER IV.
stockholders.
Sec. 1.— The stockholders and proprietors shall
meet annually on the first Monday in May for the
enactment of Bye-Laws and the election of Direc-
tors; in default of such meeting, the Directors to

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continue in office and the laws in force until the
next meeting.

CHAPTER V.

DIRECTORS.

Sec. 1 -The Directors shall meet as often as ne-
cessary. Meetings to be called by the Secretary at
the order of the President or three Directors.

Sec. 2.— The Directors shall confine their annual
expenditure to their annual income.

Sec 3— The Treasurer's accounts and books shall
be audited by three persons, not being Directors
whose certificate must accompany the Directors'
Keport to the annual meeting.

Sec. 4.-The Directors shall order sales of lots
and by order of the Board only, give directions to
the officers as to the management of the affairs of
the Company.

CHAPTER VI

SECRETARY AND TREASURER

Sec. 1-The Secretary shall keep a book in which
he shall enter minutely all the proceedings of the
meetings, which book shall always be open to the
inspection of stockholders and proprietors.

Sec 2.— He shall keep a book, in which he shall
enter, when paid or received, all moneys belonging to
the Company, balancing the same annually, and fur-
nishing a balance sheet at the Annual Meeting

. Sec. a— He shall, when sales of lots are made
give a certificate to the purchaser, under the Seal of
the Company, for each of which he shall receive 50
cents; keeping a register book and numbering the
lots from one upwards.

Sec. 4. -He shall keep a b wk in which he shall
enter the weekly returns of interments made by the
Superintendent.

Sec. 5.--He shall deposit in such Bank as the Di-
rectors may order, to the credit of the Company, and
to be drawn upon by the President and himself, all
moneys received by him over and above forty dol-
lars, to be retained to meet contingencies.

SUPERINTENDENT.
Sec. 1.— The Superintendent shall have the gen-
eral management within the Cemetery, subject to
the Bye- Laws of the Company, and to orders from
the Board.

Sec. 3— He shall, in layinn: off the ground, take
directions from the Landscape Gardener, should one
be appointed, otherwise from the Directors.

Sec. 3.— He shall employ as many labore-s as the
Board may direct, paying them in full every Satur-
day by an order on the Treasurer, stating the wages
in detail, as fixed by the Board of Directors.

Sec. 4.— He shall make sale of such produce as
the ground may yield, paying over to the Treasurer
the amount of such sales when made.

Sec. 5.— He shall not by himself, nor any under
his control, receive money from visitors.

Sec. 6— He shall collect burial fees and fees of
interment in the public and poor ground, payiui?
over the same to the Treasurer, but shall not .«ell or
receive the price of lots.

Sec. 7 —He shall receive applications from per-
sons wishing lots, and lay the same before the Board .
Sec. 8.— He shall make a weekly return to the
Secretary of all interments made.

Sec. 9.— All work in the Cemetery shall be done
by the Superintendent, or under his direction, at
such prices as may be fixed by the Directors, in case
of disagreement, excepting work by proprietors of
lots personally, or members of their families.

c'«f

VISITORS

Seo. l,_Vintors on horseback must dismount
and lead their horses.

Sec. 2.— No vehicle shall be driven in the Ceme-
tery at a rate faster than a walk.

Sec. 3 —No visitor shall gather any flowers, nor
break or injure any tree, shrub, or plant in the
Cemetery.

Sec. 4— .No visitor shall take fire-arms into the
Cemetery.

Sec. 5.— None shall be admitted on Sunday but
proprietors or shareholders with their families and
friends.

Sec. O.—Visitors are requested not to offer money
to any person connected with the Cemetery.

Sec. 7.— Visitors are requested to keep on the
walks and avenues, and not to trespass on the bor-
ders or through the woods.

Sec. 8.— Visitors are prohibited from bringing in
or using any refreshments within the Cemetery.*

Sec. 9.— It shall be the duty of the Superintend-
ent to see these rules enforced.