The morning news. [volume] (Savannah, Ga.) 1887-1900, 1888-01-31
IN FAVOR OF THE CITY.
CHRIST CHURCH NOTHING TO DO
WITH THE OLD CEMETERY.

| Judge Adams Decides Inab Inc
Wardens and Vestry Have no Title
to the Property-The History Of the
Case-Basis of the Decision.
Judge Adams rendered his decision in the
old cemetery case at the opening of the Su-
perior Court yesterday morning. tits in IA
vor of the city. The court holds that Christ
! church has no title to the old burying
ground.
1t was pretty generally understood that
the decision would be rendered yesterday,
and when the court convened the bar was
filled with lawyers. The case was one of
considerable interest, and the membership
of Christ church was pretty well repre-
sented in the court room. The Judge read
his decision with comments. In it he goes
over the history of the old burying ground,
which will be read with interest.
THE DECISION.
The church wardens and vestrymen of the
| Episcopal Church in Savannah called CHRIST
Church, cOmpainants, and the Mayor and Al
dermen OF the city of Savannah, defendants In
equity. IN the Superior Court OF chatham
county.
Opinion of the court determining defendants
| motion 10 DISMISS said bill upon the evidence
| submitted by compainants.
!
rate under and by virtue Of the act approved
| Dec. .. 1889 claim title 10 so much VI tine Old
| or Brick Cemetery, on the southeast
corner Of Abercorn and South Broad
streets, in the city Of Savannah, as has
u western frontage on AbercOrn street Of three
| hundred and eighty $50 feet, and rect angular
depth to the eastward Of two hundred and ten
| l2l0i feet. With this assertion OF tltit on ther
part, they challenge the right of the city 10 APP
propriate any part OF the land claimed by lhem
for the purpose of widening Ahercorn street
.sVrt fla #
pal or legislative authority to implnge upon the
public use, to apply for the purposes OF the
living, any part of this dormitory OF the dead;
| are not now involved, but are to be adJudlcated
| in another cause pending in this court
THE sfARrNG POINT.
consideration of the act of the Provincial
| Assembly of Georgia, assented to April 10 100,
| must constitute the starting point OF our m
quiry. The history of the subject finds here MS
| initial record. This act is entitled An act FOR
| constituting and dividing the several districts
and divisions of this Province into parishes and
for establishing of religious worship thereln,ac-
| cording to the rites and ceremonies OF the
Church of England, and also for empowering
| the church wardens ard vestrymen OF the re
| speCtive parishes to assess rates for the repair
| of the churches, the relief OF the poor, ana
other paTOchial services.
BY the first section, the several districts and
| divisions of the Province are divided and constl-
| tuted into eight parishes, the town and district
of Savannah being included in the Parish of
Christ Church"
| THE CHURCH CEMETERY.
The second section provides that from after
the nth of March, 1908, the church already
erected in the town of Savannah, and the ground
| as now used for a cemetery or burial place
thereto, shall he the parish church ana Gene
terry of Christ Church
The third section rectes that from and after
said date bartholomew Z0uberbuhler clerk,
the present minister of Savannah, snail be the
! rector and incumbent of the said church OF
Christ Church, and he is hereby Incorporated
| aO ma do hoIV
the name of the rector of Christ .ChuTch ia the
| town Of Savannah. and shall be, and he is
hereby enabled to sue and be sued by such
name in all courts within this Province, and
| shall have the care Of souls within the SAID
| parish and shall he in the actual possession of
the said church. with the cemetery and appur-
tenances, and shall hold and enjoy the same to
| him and his successors, together with the glebe
| land, already granted TO nm, ana tnU
suage or tenement near to the said church,
| with all and singular the buildings and appur
tenances thereunto belonging, and also all other
lands tenements and heredtaments. as shall or
may hereafter be given and granted TO the
| said church or the incumbent thereof"
| Section four provides that the church erected
| in the town of Augusta with the cemetery or
burial place thereto belonging shall be the
| parish church and burial place of st Paul and
Incorporates the rector of that parish
TO MAKE A BURIAL GROUND.
Section five directs the commissioners named
in the act, as soon as enabled by allowance of
Parliament, charitable donations, or by pro
|
church, a habitatiOn for the rector, and to en-
close a cemetery or burial place in each Of the
other parishes.
The sixth section provides that said several
churches, meSSuagcs and cemeteries shall be
| erected, laid out and inClOSed by the commits
| SiouerS, by and with the advice and consent of
the Governor and Council OF the Province. in
case the money for the purpose shall be given
| by his majesty, otherwise 10y and with the ad-
vice and consent of the majority or the inhabit-
| ants of each parish.
| mi II as al
| lows: For the taking care of the several
| churches already built and those 10 be erected.
! and for transacting the business Of the respec-
s tive parishes, and the well ordering and good
| government thereof. church Wardens and YES
| trynen to he chosen annually by the free
1 holders and householders of each parish; these
officers are to take the oath, which is prescribed
| before Justice of the Peace: church warden,
refusing to serve is TO forfeit 10 shillngs Ster-
t ling for the use of the poor of the parish for
the repair of church, with the several cemeteries.
to pay the salaries of the clerk and sexton, for
+ | making provision for impotent poor persons.
and for other necessary parochial charges, the
= propriate certain fines and TO levy taxes upon
all the inhabitants of the parish.
COMO INTO THE RECORDS.
Our inquiry viii be aided by referring in this
connection TO thefoowing additional acts passed
| by the Provincial Council and Assembly:
The act of March 81, 1859 page 63 Colonial
StatuteS), reciteS that the parish church, in the
town OF Savannah, and parish of Christ Church,
is greatly decayed, and provides that the ex-
| penses OF its repair be paid out Of fund raised
| by the commissioners of the general loan under
| an act of the Assembly.
The act of Ma; Oh 4, 1862 page 1886 Colonial
| StatuteSl appropriates certain taxes for repair
| ing the parish church, and for fencing in the
cemetery or burying ground in the parish of
> | Christ Church.
, The act of April I, 1863 page 1917, recites that
) | 1.-THE cemetery in the parish OF Christ Church,
belonging to the said parish is too small for the
p occasion, and directs that the said cemetery
| be enlarged and extended to the line of Aber-
| corn street. to the westward and 100 feet to
! | the southwark, the whole to contain 2l0 feet
1 square and the church wardens and veStrymen
q. | of the said parish are empowered, at their dis
- | ctetiun, to agree with and hire workmen to
5 ! complete enclose and finish the same"
I The act of April II, 1868 page 433) is entitled
and vestry of the parish of Christ Church to
enlarge the cemetery or public burial ground at
Savannah and to enclose the same
TO ENLARGE THE PLACE.
II rcciteS. whereas the cemetery or public
Q burial ground for the parish of Christ church.
Y ! Notwithstanding the additions made thereuuto
2 | by az act of the General Assembly. passed ON
4 April :. 1868, is apparently too small 10 answer
the purposes thereby intended and
r. | il appearing necessary to make a
further addition thereto" and it re-
+ QuireS the church wardens and vestrv of the
r parish of Christ Church TO lay out an addition
i Of one hundred and seventy feet in length of
f aud from the common Of the town of Savannah,