Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1855-02-16
OakdRle Cemetery.


Institution, from the Commercial of Tuesday, as it
contains facts and statements with which we confess
10 want of acquaintance previous to reading it, 1t
= Il matter which commends itself strongly to the
attention of the people OF Wilmington
For the information of those of readers whose
attention may not have been already directed to the
subject of the Cemetery, in which Burial Lots
are advertised in todays paper to be sold on Saturday
next we annex some extracts from the Charter Of the
Company with general Synopsis of the objects and
advantages proposed in it's establishment
The following is the Preamble to The Charter, as
passed in December, 1852, viz:
Whereas public sentiment IN the town of Will
mngton. in accordance with the enlightened expert
ooce of populOus Cities and Towns elsewhere, is op-
nosed 10 the nterment of the dead amid the abodes of
The living not only for sanory but for other obvious
reasons; and, whereas. experience hath also shown
that it is desirable have public burial grounds, sub
iect 10 such laws, rules and regulations, will in
sure 10 the living the continual protection of the re-
mains of their dead and the decent preservation OF
The grounds. by securing them in pepetuity to the
object of their dedication and whereas, several CT
items of Wilmington are DESTROYS to purchase tract
of land for the purpose OF establishing thereon pub
lie Cemetery, and for above stated, wish
act Of incorporation, and the object beng deemed
worthy Of encouragement; therefore:
BE ii enaced" &C. &c.
The First Section Incorporates the Company by the
name of " The Projectors OF the Wilmington Gene
terry ." and empowers them to purchase and hold not
exceeding one hundred acres of land, with authority
to said Corporation take gifts, devses and bequests
for the purpose of improving and olnamenting said
Cemetery, and to purchase and hold such personal
property as may be requisite TO carry into full effect
the objects of the act.'
The Act then directs that the affairs of the Compa
nv shall be manag ell by President and six Direc
tors to be chosen annually by the Lot owners, each
lot owner to be entitled to vote for each share
held by him
1t authorises and directs the land acquired by the
Corporation be disposed Of and used exclusively for
The burial of the dead.
It exempts such lands forever from assessments and
public taxes and also from liability to be sold on ex-
ecution, or for the payment of debts by assessment
under any insoIvent law, and prohibits any public
road avenue street. canal, from being laid out
opened through the grounds of the Cemetery.
It REQUIRES that the proceeds of all sales of lots shall
be applied TO the purchase, preservation, improve
ment and establishment of the Cemetery, and to the
incidental expenses thereof, and TO other purpose
whatever.
Under This provision Fund will be formed the in
erest of which will be adequate after all the lots have
been disposed of 10 insure the perpetual care of the
grounds and improvements whether belonging to lot
owners or to the Institution.
1t also provides for the punishment of any person
who shall deface, muGlate, otherwise injure any
monument, Enclosure, or shrubbery in the grounds,
and for the payment of any damages which may in
consequence be sustained.
The tenth Section of the Act provides " that as
soon as the proceeds from the sales of lots for pur-
poses of Sepulture and from burial fees shall have
been sufficient TO pay the purchase money for the
land held by this Company with the interest thereOn'
together with all such expenses as may have been in
CURED in laying out enclosing and improving the
grounds the then Stockholders shall transfer their
tire interest in the grounds used Cemetery to the
holders OF burial lots therein, each lot holder 10 be
titled to as many shares as he or she has lots and
lhenceforth such lot holders shall be Stockholders
clusively of said Corporation
1t will therefore be perceived from the foregoing
provisions Of the Charter,
That purchasers Of lots acquire not merely the
privilege Of burial, but also the fee simple of the
ground which they purchase
That they are the sole prOpretors of the Cemetery.
That by their vote in the election OF Trustees
9heY control the government of the institution;
That, all the receipts OF the institution must be
expended in the purchase, improvement, and preser-
walton of the grounds, speculative interest can
conflict with the wishes OF lot owners respecting lis
management;
That, as ali the resources will be thus appropri-
ated, either immedately or in the ultimate fOrma-
ton OF fund, the interest of which shall be annually
appropriated required, ample provision is made
for the perpetual establishment and preservation OF
the grounds:
That. as the ground is exempt from public taxes
and tIom liability for debt and is sold in lots which
are not subject to assessment annual charge, the
proprieors can never be lorcib}y deprived of the
ground.
The President and Directors have fixed the price
Of single Burial lots for the present. at $50-the lots
containing about 400 superficial feet.
The enlargement of families and the desire which
is naturally felt to be laid with ones kindred a
death, often render it desirable to secure more thar
an 0rdiuary lot To facilitate this object lowe
price is fixed where two or more lots taken il
one place by the same family. Large plots, too
admit of superior improvement, while the expense o
Enclosure is propOrtionably reduced the plots ar
enlarged
The Observer says it did not simply express indg
nation against Mr. Biggs for his vote on the Wester
Extension BILL but because, the author of tn
platform of the locofOCo convention which nOmlna
ted Bragg he had pal,ned off cheat upon the pulc,
We deny that Mr. Biggs has deceived any one in thi
matter and we do so without fear of successful con
uadicton. Mr.. Biggs' position is perfectly consis
ent with the reolutons of the democratic convenuo
that nominated Mr.. Bragg. Here is the resolution /
regard to internal improvements:
Resolved, That it earnest wish and desire to Sc
the of North Carolina, agricultural mineral an
commercial fOsteTed developed and the State havn
already entered upon of internal improvements
that made large investments with that view,
would in the opinion of this Convention be polite and pr
per for the Legislature to extend such further aid the
eon of the works already undertaken and the extenso
of the just regard for the interest of the Peep
may require and the and resources Of the State WI
prudenty allow.
Now, Mr. Bggs has already voted " further aid
the North Carolina Railroad he has voted " tul
thev aid TO the Cape Fear and Deep River work
he has voted for the Eastern extension and yet, be
ne deems it his duty, in order to the Stat
from embarrassment. to vote against scheme tn;
will cost twelve or fifteen millions of dollars, he
accused of cheating his friends and opponents.
won't do-the record will not sustain such an aCcl
satlon. MIR. Blggs in his place in the Senate, ha