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&DNM.1848-346-2
&YENC.1848
&YAMD.1848
SEC. 2. The officers of said association shall consist of three
trustees, who shall be members of said association. The first election
of trustees shall be held at the office of the sheriff of said county of
Tippecanoe, in the town of Lafayette, on Saturday, the twelfth day of
February, 1848, between the hours of 12 o'clock and 5 o'clock, P. M.,
on said day; that the persons elected trustees at said election shall meet
within five days thereafter, and organize by electing one of their
number president, and appointing some suitable person secretary; that
one of said trustees shall serve for the term of three years, one for the
term of two years, and one for the term of one year; and shall,
immediately after their organization, determine by lot the term for
which each of said trustees shall respectively serve, and that annually
thereafter; on the second Saturday in February, the members of said
association shall elect one trustee for said association, who shall serve
for the term of three years, and until his successor shall be elected and
qualified.
&DNM.1848-346-3
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SEC. 3. Any two of said trustees shall constitute a quorum to
transact business, and may fill, by appointment, any vacancy that may
occur in their body; Provided, That the person thus appointed shall be
a member of said association, and shall serve during the unexpired
term of his immediate predecessor.
&DNM.1848-346-4
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&YAMD.1848
&DNM.1848-346-5
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SEC. 5. Said trustees shall have power at any of their regular
meetings-
1st. To adopt such by-laws (and the same to alter at pleasure) as
they may deem best for the government, management, and regulation
of said association, not inconsistent with the laws of this state or with
this act of incorporation.
2d. To elect a secretary and treasurer, and such other officers as
may be necessary, and to prescribe their duties and terms of office, fix
their salaries, and fill all vacancies.
3d. To devise and adopt a corporate seal, and the same to alter at
pleasure.
4th. To lay off into suitable lots for burial purposes any ground
that may be acquired by said association for such purpose, or so much
thereof as they may deem expedient, a plat of which shall be registered
in the register hereinafter provided, and also recorded in the recorder's
office of Tippecanoe county.
5th. To number the lots so laid off, and to assess the value of each
lot prior to any sale of lots in said cemetery, which value shall not
thereafter be changed.
6th. To fix the terms and conditions of such sale, and to execute to
the purchaser of any such lot a deed therefor, with such restrictions and
conditions as they may adopt, which deed shall be in the corporate
name aforesaid, have the seal of said association affixed, and be signed
by at least two of said trustees; Provided, however, No deed shall be
executed until full payment of the purchase money has been made to
said trustees or their treasurer.
7th. To establish rules and regulations in reference to all grounds
belonging to said cemetery, to protect the trees, shrubbery, flowers,
walks, and other rural ornaments on the same, and all tombs,
cenotaphs, and monuments therein, and to provide suitable enclosures
around the said grounds.
8th. For the purpose of constructing a road to lead to and from said
cemetery, they shall have power to sell a portion of any real estate
owned by said association that has not been laid off into lots, or
exchange the same for other real estate, or they may purchase real
estate necessary for such road, and shall have power to execute a deed
of conveyance for any portion of said real estate they may thus sell or
exchange; Provided, That they shall in no event have power to contract
any debts for or on account of said association to an amount greater
than the amount of funds in the hands of the treasurer at the time such
debt is contracted; And provided, further, That the debt thus contracted
shall be immediately paid out of such fund.
9th. To do and perform all and singular the several duties of said
association necessary to carry into effect the object of this
incorporation.
10th. To appoint a sexton, to erect all necessary houses, and to
establish rules and regulations for interments in said cemetery, and to
cause a record of interments to be kept, in which shall be registered the
name, age, occupation, and nativity of each person interred, with the
date of his or her interment, and such other matters as may be deemed
proper to be recorded.
&DNM.1848-346-6
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&YAMD.1848
SEC. 6. All real estate held by said association for burial purposes,
whether laid off into lots or not, shall be deemed a perpetual dedication
of the same for the purposes aforesaid, and shall for ever be held by
said association in trust for such purposes and none other; and that no
part thereof shall ever be used or sold by said association for any
purposes whatsoever, except as in this act excepted. And all real estate
so dedicated for the purposes aforesaid, with the ground occupied by
the sexton's house, and the garden thereto attached, and any road
owned by the association, connecting their said ground with any public
street or highway, shall for ever be exempt from taxation.
&DNM.1848-346-7
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&YAMD.1848
SEC. 7. Said association shall have authority to sell, grant, and
convey to any person or persons the sole and exclusive right of burial
on any lot or lots in said cemetery, and of erecting tombs, cenotaphs,
and monuments, shrubs, trees, and rural ornaments therein, upon such
terms and conditions, and subject to such regulations as said
association may prescribe; and every right so granted and conveyed
shall be held for the purposes aforesaid, and for none other, as real
estate, by the proprietor or proprietors thereof, and shall not be subject
to attachment, execution, or other process of law for any debt or
liability of said association, or any of such proprietors.
&DNM.1848-346-8
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SEC. 8. So soon as said ground is platted and recorded, the
persons named in the first section of this act, who own shares to the
amount of twenty-five dollars, shall each select two of said lots, and
those owning only one-half of such share of twenty-five dollars, shall
each select one of said lots of ground, which lots so selected shall be
conveyed to the proper person, and be held for the same purpose and
to the same extent as though the same had been purchased from the
said association.
&DNM.1848-346-10
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&YAMD.1848
SEC. 10. Said trustees shall keep a register of all lots by them sold,
together with those selected by the persons named in the first section
of this act, with the date of sale and selection, and the name of the
person to, and by whom such sale and selection was made, and no
subsequent sale or transfer of any lot or part thereof by any proprietor,
shall vest in the purchaser or assignee any title, or confer upon him any
rights or privileges under this act, until such transfer, assignment, or
conveyance shall have been made known to said trustees, and an entry
or minute thereof made by them on said register.
&DNM.1848-346-11
&YENC.1848
&YAMD.1848
SEC. 11. The proceeds arising from the sale of the lots in said
cemetery shall be applied under the direction of said trustees as
follows, viz:
1st. To enclosing said ground and paying the expenses of plating
the same.
2d. To providing suitable roads and walks to and from and through
said cemetery.
3d. To pay incidental expenses attending the management of the
affairs of said association.
4th. To reimburse to the persons named in the first section of this
act, or their heirs or assigns, the amount by them advanced for the
purchase of any ground contemplated in this act, with interest thereon
from the date of its advancement.
5th. All moneys thereafter acquired by said association for the sale
of lots, in said cemetery, shall be held in trust and used exclusively for
transacting the ordinary business of said association for the protection
of said cemetery, and for embellishing, adorning, and ornamenting the
same, providing sufficient and permanent enclosures, roads, and walks,
and for planting shrubs, trees, and other rural ornaments; and shall,
upon no pretext whatever, be diverted from the objects contemplated
in this section.
&DNM.1848-346-12
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SEC. 12. So soon as the persons names in the first section of this
act, their heirs or assigns, shall have been fully reimbursed for the
amount of money, principal and interest, by them respectively
advanced as contemplated in the preceding section of this act, the
trustees for the time being shall give public notice of that fact by
publication in one or more of the newspapers then printed in said
county of Tippecanoe.
&DNM.1848-346-13
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SEC. 13. That, from and after the publication of the notice in the
preceding section specified, each and every person then owning or that
may thereafter own, any lot or lots in said cemetery, shall become a
member of said association, and every such person, over the age of
twenty-one years, and the guardians of such as are under the age of
twenty-one years, shall have a right to vote, at any subsequent election
for trustee of said association, and shall have and possess the same
power and privileges by this act conferred in the persons named in the
first section of this act, and be subject to all the prohibitions and
restrictions in this act contained.
&DNM.1848-346-14
&YENC.1848
&YAMD.1848
SEC. 14. That any person who shall wilfully destroy, mutilate,
deface, injure, or remove any tomb, monument, grave-stone, or other
structure erected in said cemetery, or any fence, railing, or other work,
for the protection or ornament of any tomb, monument, grave stone, or
other structure aforesaid, or of any burial lot in said cemetery, or shall
wilfulfully destroy, cut, break, injure, or remove any shrub, tree, or
plant within the limits of said cemetery, shall be deemed guilty of a
misdemeanor, and shall, upon conviction thereof in the circuit court of
said county, upon presentment or indictment, be fined in any sum not
less than twenty dollars, to which may be added imprisonment in the
county jail, not less than ten nor more than ninety days; and such
offender shall also be liable to an action of trespass, to be brought
against him in any court of competent jurisdiction, by said association,
to pay all and such damages as shall have been occasioned by his
unlawful act or acts; which money, when received, shall be by said
trustees applied to the reparation and restoration of the property
destroyed or injured, as aforesaid. And in such action any member of
said association shall be a competent witness.
&DNM.1848-346-15
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&YAMD.1848
SEC. 15. This act shall be taken in all courts as a public act - shall
receive a liberal construction, and shall be in force from and after its
passage.