Savannah morning news. [volume] (Savannah) 1868-1887, 1881-11-11

Christ Church InteFposes Claim 20
a POrtiOu-An Interesting State
ment-AnOIheT Hearing on satur-
day.


When the hour set yesterday morning fol
the hearing Of the matters complained Of In
the case of John Williamson ct al, com
plainants, and the Mayor and Aldermen OF
Savannah, defendants, before Judge Temp
kins as Chancellor, arrived, Captain Robert
Falligant arose and stated that the Wardens
and Vestrymen of Christ Church desired to
obtain from His Honor restraining order,
independently Of the order already obtained
in the original case. He stated that an in
vestigation of the merits of the case, so far
as Christ Church was concerned, de-
veloped the fact that to certain portion
of the Old Cemetery that corporation had
an unquestionable title, but that the law
and the facts made it expedient that the
interests Of the church should be heard
separately, and he had therefore drawn and
filed an original bill, and requested re-
straining order upon it. At the suggestion
OF the court the bill was then read. At the
conclusion OF the reading the Chancellor
stated that he would not then grant an ad-
ditional restraining order, as the interests
OF the church would not be jeopardized as
long as the order now In force continued.
We present herewith the full text Of the
bill filed by the solicitors for Christ Church
corporation, which will be found exceed
inglY interesting:
BILL FILED BY CHRIST CHURCH.
STATE OF GEORGIA, CHATHAM CoUNTY.-To
the Honorable Henry B. Tompkins, Judge of
the Superior Courts of the Eastern Circuit,
having Jurisdiction in equity: Humblv COM
planning show unto your Honor, your orators
Robert H Footman and Joseph ID. Weed, War
dens. and John Screven, Milo Hatch, James G..
Thomas. John R. f. Tattnall, Walter q. Charl-
ton and Robert Fallgant, Vestrymen, that
they compose THE Church Wardens and Yes
trymen of the Episcopal Church in Savannah,
called Christ Church." an incorporation duly
incorporated under the laws of the State of
Georgia: that previous to the year 1883 said
Christ Church had been regularly established
in the Colony OF Georgia, and a series of par
sons under the forms and ceremonies OF the
Church of England. regularly indicted therein;
that on the 18th day of March, 1888, an act was
passed by the General Assembly of the then
Province Of Georgia entitled IAN act for con-
stituting and dividing the several districts and
divisions of this province into parishes, and
for establishing Of religious worship &C
cording to the rites and ceremonies
of the Church of England, and also
for empowering the Church Wardens and
Vestrymen of the respective parishes to assess
rates for the repair of churches, the relief Of
the poor and other parochial services" that by
the second and third sections OF said act it was
enacted as follows:
III. And be it further enacted by the authori-
ty aforesaid, That from and after the said 18th
day of March, 1888, the church already erected
In the town Of Savannah, and the ground now
used as a cemetry or burial place thereto.
shall be the parish church and cemetry Of
Christ Church
iii And be it further enacted, That from and
after the said nth day Of March, 1888, Bartho-
1oY rn11h ola hp
ter of Savannah, shall be the rector and incum-
bent of the said church Of Christ Church, and
he is hereby Incorporated and made one body
polite and corporate by the name of 7 he Rec
tor of Christ Church in the town of Savannah
and shall be, and he is hereby enabled to sue
and be sued by such name in all the courts
within this province. and shall have the cure OF
souls within the said parish, and shall be in the
actual possession Of the said church with its
cemetry and sppurtenances, and shall enjoy
and hold the same to him and his successors,
together with the glebe land already granted
to him. and the meSsuage or tenement near
to the said church, with all aud singular the
buildings and appurtenances thereunto belong
ing and also all other lands, tenements and he
reditaments as shall or may hereafter be given
and granted to the said church, or the lncum-
beet thereof"
And your orators further show that in addi-
ton to the glebe lands and other church prop
erty, the "cemetry" mentioned was then
located on portion Of the ground now en-
closed on the southeast corner of South Broad
and Abercorn streets, in the city of Savannah,
in said county.
And your orators further show that by act
of the General Assembly of the Province OF
Georgia, dated April 9TH, 1863, it was enacted,
That the said cemetry be enlarged and ex
tended to the line of Abercorn street, to the
westward, and one hundred feet to the south
ward, the whole to contain two hundred and
ten feet square, and the Church Wardens and
Vestrymen OF the said parish are hereby i'm
powered. at their discretion, to agree with and
hire workmen TO compleat inclose and finish
the same;" and that by act OF said General
Assembly of the Province OF Georgia, passed
April 18th. 1868, it was further enacted, That
Immediately after the passing of this act 1t
shall and may be lawful to and for the Church
Wardens and Vestry of the parish
of Christ Church, aforesaid, for the
time being, and they are hereby
authorized and Empowered to lay out an adolf
ton of one hundred and seventy feet IN length
of and from the common OF the town OF Saw
annah. and adjoining to the eastward of the
present cemetry or publick burial ground, and
that the addition 50 laid out, made and ex-
tended, shall from thenceforth forever be and
remain as part and parcel or the said cemetry
or pnblick burial ground, and that the Church
Wardens and Vestry of the said parish for the
time being shall be and they are hereby en-
powered to enclose the same accordingly at
their discretion, anything in law heretofore
enacted to the contrary Notwithstanding"
And your orators show that by virtue of
said act of 1873 the said cemetery, so enlarged
street of two hundred and ten feet and
rectangular depth to the eastward Of three
hundred and eighty feet, became and was in
the actual possession of the rector of Christ
Church, in the town of Savannah, Ito have
and to hold the same to him and his sue
cessors."
Ard your orators further show that said act
of 1888 provided for the regular annual cleo
ton of Church Wardens and Vestry of
said parish, and that said Christ
Church was a regularly consecrated
and endowed church of the Church Of England,
and before and from the date of said act OF
1888, up to and including the year 1883, always
had rector duly indicted as the incumbent
thereof who, as the successor of said Bar
tholemew ZOuberbuhler, held and enjoyed the
said cemetry and other the church property,
as provided In said statute, and that the said
church to the said year 1889 always had its
regular Wardens and Nestry duly chosen and
sworn according to law.
And your orators further show that by act of
the General Assembly of the State o. Georgia,
approved December 33d, 1883. entitled IAN Act
to Incorporate the Epis opal Church in Savan-
nah, called Christ Church. etc Leonard
Cecil and John Habersham, Church Wardens,
and Joseph Clay, James MOsSman, james
Habersl IN. George Hor stoun, William Stevens,
Samuel Stirk, John Houstoun. George Basil
Spencer. and George Jones and their sue
cessors, - were duly incorporated and declared
to be body corporate, oy the name and
style of ''the Church Wardens and Eestry-
men Of the Episcopal Church in Savan-
nah, called Christ Church." and all the
properly of every kind and description
belonging appertaining to said Christ
Church was by said act vested in the said the
Church Wardens and Vestry men of the Episco-
pal Church in Savannah, cal ed Christ Church,
and their successors" all Of which will more
fully appear by reference to said act; and your
orators show that the said cemetery was by
virtue O. said act Of Incorporation vested in
said 1.-The Church WardeDS and 2estrymen of
the Episcopal Church in Savannah, called
Chrish Church, j." and their successors. and that
their successors have been regularly elected
and chosen from the year 1890 to the year 1881,
accor, i."o to the provisions of said act of in
and ina @nnr orators are the
successors Of the said 'the Church WarGe >
and Vestrymen CT the Episcopal Church in
Savannah called Christ CHURCH" aad Of the
said original incorporation, under the name of
1.-THE Rector Of Christ Church in the town Of
Savannah" and of all the property and rights
acquired by them, or either of them, under
the laws Of the Province of Ge orgia, and con-
flrmed to them by the laws Of the State OF
Georgia.
And your orators further show to your
Honor that in the year 1885, the President and
Wardens Of the town of Savannah laid on an
addition Of 100 feet to the eastward and
290 feet to the southwark of said Christ
Church Cemetery, and ordained that said ad-
dition so laid out shall forever be and remain
a public burial ground for all Christian people
Of whatever denomination and not to be con-
sidered as belonging or dppertdfnf7ag solely TO
the Episcopal Church in Savannah, commonly
called Christ Church "
And your orators show to your Honor that
they have always been in the legal possession
of the cemetery above described and their
right and title to the same has never been ques-
tened, noE has any body corporate, or any per-
sou or persons claimed title to said cemetery
as against the title Of your orators.