The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-10-28


report, be agreed to by council, that the
city attorney be authorized to consent
TO this decree, and that when the decree
has been properly taken and the same
ratified by an act of the legislature, the
six notes mentioned in the decree and
aggresating. the principle sum of seven
decree.
This Oct. %. 1895.
William Garrard,
". J. Watson,
J. J. Carolan,
Committee.
the adoption of the above report, with
the following result:
r, Ayes-Aldermen Falligant, Watson,
CCarolan Bacon, Tiedeman, Hudson,
Nays-Gleason, Kolshorn. Lamotte-s.
alderman I1edeman moved that the re-
port be reconsidered in accordance with
tule NO II of Rules of Order of
council, which motion was entered.
r, IN the superior Court of Chatham
County-John. Williamson. ct. al. COM
plainants, and the Mayor and Aldermen
OF the City of Savannah, defendant. The
church Wardens and Nestrymen of the
Episcopal Church in Savannah, called
christ church, complainants, and the
Mayor and Aldermen of the City of Sa-
Vanaah, defendant.-Final decree. Said
causes came on to be heard on pleadings
ana PROOF, having by consent OF all par
ties been taken from the suspense docket
and put on the trial docket, and all par
ues hereto consenting that his honor,
Judge Robert Fallgant, shall preside in
these causes. and further consenting that
SAID causes be heard and determined by
him as one cause, and without a jury,
and that this decree be rendered as final
and conclusive.
II is ordered adjudged and decreed:
InaU the certain piece of ground on the
southeast corner Of South Broad and
Georgia. known as the odd Cemetery"
being now enclosed by a brick wall but
embracing also an open strip of land on
south Broad street. lying between the
brick wall lparallel to said street., and
the edge OF the pavement, (along said
street,, and extending from Abercorn
street to the police barracks, said whole
tract of land being bounded on the north
by South Broad street, on the east by the
police barracks and the jail, and on the
south by the Pound property, belonging
to the mayor and aldermen of the city of
Savannah, and on the west by Abercorn
street. a plat of which is filed as part of
this decree, is declared to be owned by
the mayor and aldermen of the city of
Savannah, and the titles Of the same in
said municipal corporation is hereby fixed
and confirmed, absolutely, the church
wardens and vestrymen of the Episcopal
church in Savannah, called Christ church.
having waived its right and title to the
portion of said Old Cemetery mentioned
in its bill for the considerations herein
after mentioned, and particularly because
of the covenants hereinafter made by the
said mayor and aldermen of the city Of
Savannah to forever preserve said ground
as a nnal resting place of the dead now
buried therein.
2. That in full extinguishment of all
right, title, interest, claim or demand OF
the church wardens and vestrymen Of
the Episcopal church in Savannah called
Christ church, in or to any portion of
said tract of land, the mayor and alder
men of the city of Savannah shall pay
the said first named corporation, or to
It's counsel of record, the sum of seventy
five hundred $500 dollars in promissory
notes, to be duly executed by said the
mayor and aldermen of the city of Sa-
vannah, through its mayor, attested by
the clerk of council, with the corporate
seal affixed, and in pursuance of a resO-
luton to be passed by said the mayor and
aldermen of the city of Savannah, in
council assembled, said notes to be as
follows:
One note for five hundred $500 dollars,
due Jan. l, 1897, without grace; one note
for one thousand Isl 0OO dollars. due IAN.
!, 1898. without grace: one note for fifteen
hundred Gl,50O dollars, due Jan. ]. 1899,
dred ($l,5OO dollars, due Jan. l. 1900, with
out grace; one note for fifteen hundred
%l,5O0 dollars, due Jan. l, 1901, without
grace; one note for fifteen hundred 81 5OO)
dollars, due jan J. 1902, without grace;
said four last named notes bearing five
(5) per centum interest per annum, from
Jan. l. 1898, payable semi-annuany, with
out grace, on the first days of July and
January, of each year, thereafter up to
the date of its respective maturity and
upon the payment of said notes, the
church wardens and vestrymen of the
Episcopal church in Savannah called
Christ church, shall have no further claim
tract of land, or any part thereof, so long
as said mayor and aldermen of the CITY
of Savannah shall keep the covenants in
regard 10 the preservation of said ground
as the last resting place of the dead there
in buried, and all and singular, the cove
nants in this decree mentioned, the said
covenants being part and parcel of the
consideration moving to said church
III. That, Immediately after the deliv-
cry of said promissory notes the said mu-
mclpal corporation the mayor and alder
men of the city of Savannah, shall have
the right to tear down the walls, or any
portion of same upon said tract of land
and to use and control all of said tract
up to the line of the present wall on b.
ercorn street, and up to the line of the
present sidewalk on South Broad street
as a public park, to be called Colonial
Park, to and for which uses and pur-
poses said land is hereby perpetuaIly
dedicated, and to and for no other uses
or purposes whatsoever, with full right
to said municipal corporation to lay off
walks through the same, but it shall new
er have the right to lay off, run or pro-
lect streets through the same, nor shall
it have the right to convey or sell said
tract, or any lot or portion of the same.
to any person or persons whatsoever
said park TO be under such rules and req
ulations as may be prescribed by ordi-
nances of the city of Savannah or nv ifs
duly constituted authorities, the present
line on AbercOrn street, wherein the hricL<
wall now is, to be preserved. said Aher-
corn street never to be widened along said
line, the graves, tombstones, monuments
vaults and greenhouses now in said en-
closure to be preserved and cared for as
valued relics of public and historical in
terest by said municipal corporation. and
not to be removed from their present To-
cation, respectively, to any other portion
of said park. except when absolutely nee
essary for the laying out of walks and in
such event. the removal to be carefully
made, so as to put the same, or anv re-,
mains therein, in the same condition as
before said removal. The use Of the word
park and the government by municinaI
ordinances are never to be construed AZ
divesting the grounds herein considered
Of the status they now have as the old
colonial burying ground of GEORGIA
whilst identifying the same and placins
it under proper control and giving 10 tbe
public free access, the main Consideration
of this agreement to which the parties
hereto have arrived and upon which this
decree is based, is that said old ceme-
terry, under whatever name called. shall
be forever kept and maintained bv SAID
city of Savannah for the purpose herein
specified, and no use shall ever be i'm
posed upon it irreconcilable with said pur
pose, nor shall said mayor and alder
men of the city of Savannah. nor any
person under or. through it, directly or IN