Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1849-06-29

for such meeting, in which shall be set forth
the time and place, and object of such NEE.
ting.
SEC. 6. And be It further enacted, That ev.
cry lot conveyed in said cemetery shall be held
by the proprietor thereof, for the purpose oil
sculpture only, and for no other purpose. and
shall be deemed real estate, and shall not be
subject to the payment OF any assessment OF
tax whatsoever, nor subject to execution Oh
attachment for any debt; and the proceeds Of
the sale of buriol lots in the said cemetery
shall, after deducting the annual expenses oil
cemetery establishment, be applied solely to
the improvement, extension, ornament, and
preservation of the said cemetery. and shall
not be made source of profit to the propri-
etors of lots or members of said corporation.
Sec. 7. And be it further enacted, That
any person who shall unIawfuly destroy,
mutilate. defaee, injure, or remove any tomb,
monument, grave stone, or other structure,
placed in the said cemetery, or any fence, rail-
ing, or other work, for the protection or orna-
ment of any tomb. monument, grave stone, or
other structure aforesaid, or of any cemetery
lot within the limits of the ground belonging
TO the said corporation, or of the grounds set
apart for the cemetery; or shall unlawfully
destroy, break, or remove, cut, or Injure, any
tree, shrub, or plant, within the limits of said
cemetery; or shall shoot or discharge any
gun, or other fire arm, within the said limits,
or at any object within the same, shall be
deemed guilty of misdemeanor, and shall
upon conviction thereof before any justice of
the peace, or other court of competent iuris-
diction within Washington county aforesaid,
be punished by a fine of not less than FIVE
H. 4hon fixy0 49,
ture and aggravaton of the offence; and such
offender shall, also, be liable, in an action of
trespass, TO be brought against him in any
court of competent jurisdiction in the name of
the said corporation, to pay all such DANA
ges as shall have been occasioned by his I'M
lawful act or acts; which money, when re-
covered, shall be applied by the said corpora
ton, under The direction of the board of man.
ayers, to the repara,ion and restoration of the
property destroyed or injured as above. and
members of the said corporation shall be wit
nesses in such; and if any person shall un-
lawfully open any tomb or grave in the lands
of the Oak Hill Cemetery Company, or shall
clandestinely remove, or attempt TO remove,
any body or remain therefrom, such person,
on conviction thereof in any court of compe
tent jurisdiction within the county where the
said cemetery is situated, shall be sentenced
10 undergo imprisonment in the penitentlary
of the District Of Columbia, at hard labor fora
term not less than one year, or more than five,
and pay fine of not less than one hundred
dollars at the discretion of the said court.
Sec. g. Ind be it further enacted, That lots
in the said cemetery shall be indivisible, and
upon the death of any proprietor of any lot
in the said cemetery, he or she being a MEM
Der of said corporation, the devisee OF such
lot. or the heir-at-Iaw, as the case may be,
shall be entitled TO all the privileges of mem
bership as aforesaid; and if there be more
than one deVisee, or heir-at-law, of each lot,
the board of managers for the time being shall
designate which of the said devisees or heirs
at-law shall represent the said lot, and vote
in the meetings of the corporation; which de-
signation shall continue in force until by death
removal, or other sufficient cause, another de-
signation shall become necessary ; and in ma
king such designation the managers shall, as
far as they conveniently may, give the prefer
ence 10 males over females, and to proximity
of blood. and priority of age. having due re-
gard, however, TO proximity of residence,
Sec. 9. Ind be it further enacted, That ii
shall be lawful for the said corporation to
take and hold any grant, donation, or bequest
upon trust, to apply the income thereof, under
the direction of the board of managers, for the
establishment, preservation, renewal, or re-
pair of any tomb. monument, grave, stone, or
other structure. fence, railing, or other enco-
sure. in or around any cemetery lot, or for the
planting and cultivation of any trees, shrubs,
flowers, or plants, in or around any cemetery
lot, according to the terms of such giant, do
nation. or bequest; and any court having equi-
ty jurisdiction within the county in which
said cemetery is situated shall have full pow
er and jurisdiction TO compel the due perfor-
nance of such trust, or any of them, upon a
bill filed by the proprietor of any lot in said
cemetery for that purpose.
SEC, 10 And be 1t further enacted, That
the said cemetery property shall be, and the
same is hereby declared to be, forever inalen-
able by the said corporation, and 10 be ex-
empted from al public assessments and taxes.
SO long as the same shall remain dedicated to
the purposes of a cemetery.
Approved March g. 1849