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1848 Local Acts-252-1
SEC. 1. That John Surface, John Black, and Jacob W. Jacobson, and
their successors in office, be, and they are hereby constituted a body
politic and corporate, under the name and style of "the English and
German Evangelical Lutheran St. Paul's Church (of Kelso township,)
and by said corporate name may sue and be sued, plead and be
impleaded in any court in the state; and by that name be capable of
purchasing, holding, bargaining, and selling any property either real or
personal, for the use of said church, both by legal and equitable title,
not to exceed in value the sum of ten thousand dollars; and to have
perpetual succession according to the usages and government of the
Evangelical Lutheran denomination of christians.
1848 Local Acts-346-1
SEC. 1. That David Ross, Richard H. Eldridge, Thomas P. Emerson,
Othneil L. Clark, Joseph S. Hanna, Mathias Scudder, Lawrence B.
Stockton, Zebulen Baird, Godlove S. Orth, Luther Jewett, George
Nichol, Jesse Andrew, Nathan H. Stockwell, William F. Reynolds,
Cyrus Ball, Charles F. Wilstack, Rudolph S. Ford, James F. Clark,
Thomas S. Cox, John Purdue, Joel B. McFarland, Robert Heath, and
William P. Heath be, and they are hereby, created a body politic and
corporate by the name and style of the "Greenbush Cemetery
Association of Lafayette," and by that name shall be able to contract
and be contracted with, of suing and being sued, pleading and being
impleaded, of answering and being answered, in all courts and places,
and in all matters whatsoever, with power to purchase, receive, and
hold, and to convey any real and personal estate which may be
appropriate to the nature of their association.
1848 Local Acts-346-2
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.
1848 Local Acts-346-3
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.
1848 Local Acts-346-4
SEC. 4. In all elections for trustees by the persons named in the first
section of this act, such persons shall be entitled to one vote for each
share of twenty-five dollars of stock in said association; and when two
or more persons jointly own stock to the amount of twenty-five dollars,
such persons shall jointly be entitled to one vote; Provided, That all
elections for trustees shall be by ballot.
1848 Local Acts-346-5
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.
1848 Local Acts-346-6
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.
1848 Local Acts-346-7
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.
1848 Local Acts-346-8
1848 Local Acts-346-9
SEC. 9. Said trustees shall keep a fair record of all their
proceedings, and a correct account of all the moneys by them received
and expended from time to time, which record shall at all times be open
to the inspection of any member of said association.
1848 Local Acts-346-10
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.
1848 Local Acts-346-11
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 platting
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.
1848 Local Acts-346-12
SEC. 12. So soon as the persons named 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.
1848 Local Acts-346-13
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.
1848 Local Acts-346-14
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.
1848 Local Acts-346-15
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.