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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 
 
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 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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4 
 
 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 
 
8 
 
 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 
 
10 
 
 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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11 
 
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 II 
 
 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. 
 
12 
 
 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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13 
 
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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. 
 
14 
 
 II 
 
 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. 
 
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15 
 
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 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.