Savannah morning news. [volume] (Savannah) 1868-1887, 1881-07-15

ground, as laid off by him, and within the
area of five hundred feet square is marked
the location of the "Old Cemetery" two
hundred and ten by three hundred and
eighty feet.
The "Old or Brick Cemetery" as it now
stands, was then laid out by said extension,
and contains five hundred feet square, in
Guiding the said area of two hundred and
ten by three hundred and eighty feet claimed
by the Wardens and Vestrymen of Christ
Church, and 1t only remains to be seen
whether the claim is exclusive of other de-
nominations or the public.
The memorialists state that "they are ad-
vised by counsel that the title to the afore-
said portion of the Old or Brick Cemetery
is now, and has always been, In the Wardens
and Vestrymen Of the said Christ Church. !"
By the term title suppose is meant a claim
to the freehold or fee in the soil; but will
consider the claim as grounded also on
supposed dedication of the soil as place
of sepulture for the dead of a particular de-
nomination OF Christians, and this / propose
to consider first. l have already had occa-
sion to express to your honorable body the
opinion, in the case OF highway, that the
easement or right Of user IN the public is
perfectly consistent with the existence Of
the freehold in the owner or owners of the
adjoining land.
In this case the claim Is against and not
by the public. The acts and ordinances
already referred to show that the dedication
was not by private owner Of the soil, but
by authority of the public, IN whom the
freehold is supposed to have been at the
time of the dedication. But do not regard
the question OF original ownership as
at all varying the principle. HUI
manity forbids that the state of the
case, that is, the original ownership
l. 30
affect the result. A dedication by public
authority for public or charitable purposes
is, or ought to be, irrevocable; certainly as
long as the original object Of
the dedication emains, and I
have no idea that the Mayor and Aldermen
can revoke the dedication made by the ordi-
nance Of 1889, and / am clear 10 the opiu-
ion that they cannot revoke that made by
authority Of the General Assembly, to
wit: of the two hundred and ten by three
hundred and eighty feet. 1t cannot
be necessary to anticipate the time-proba-
bly, very remote period-when there shall
be no living person to claim a repose
In the Old Cemetery for the ashes of those
who have been deposited there by each
claimant or his ancestors nor Is 1t neces-
sary now to inquire whether. ON the suppo-
sitiOn that such time will come when that
cemetery shall no longer be considered as
consecrated ground, municipal or State
authority will be required to divert the soil
to purposes other than those OF the
repose Of the dead then lying there. pro-
pose. then, to consider the claim OF the
Wardens and Vestrymen to the law itself,
simply remarking that, so far as a dedica-
ton for charitable or religious purposes is
concerned, dedication to the congregation
of Christ Church exclusively, II such ever
was made, would have been as good with
out as with an act Of Incorporation. 2
Peters, $50; ~ Ga. Rep, 2S9.
But l do not think there was ever any
such exclusive dedication, as / shall en-
deavor to show In considering the question
OF title to the soil.