Year: 1863




cemetery commissioners, instead Of se-
leeimen, satd town SHALL at such meeting
proceed to elect, separately, board con-
sisting of five cemetery commissioners,
who shall thereafter have the whole care,
superintendence and management Of such
burial ground or grounds, one member of
which board shall 90 out of office at the
annual March town meeting in each year,
and one member shall, at the same time,
be annually elected in the place Of the
member so going out Of Office, which


member so elected shah hold his office for
the term of five years. The terms for
which the several members Of the first
board Of commissioners in any town shall
respectively hold their office, shall be as
follows:


The commissioner first chosen shall
held his office for five years; the COM
missioner next chosen shall hold his office
for four years; the commissioner next
chosen shall hold his Office for three
years; the commissioner next chosen
shall hold his Office for two years; and
the commissioner next chosen shall hold
his office for one year.


In case Of vacancy in said board of
commissioners from any cause, the re-
manning members of said board shall
elect commissioner TO fill such vacancy,
and the commissioner so elected shall
hold his office for the residue of the term
for which the commissioner, whose office
has so become vacant, was elected.


Any town may by vote, at meeting
duly warned for that purpose, take any
or all of its burial grounds out of the
charge OF the cemetery commissioners,
and place the same under the charge of
the selectmen and whenever any town
shall vote to take all of its burial grounds
then under the charge of cemetery COM
missioners out of their charge, the term
of office of all such commissioners in that
town shall thereupon terminate.
Sec. 2. Said board of commissioners
may set apart and appropriate such por-
ton or portions Of the burial ground or
grounds placed under their charge, as
they shall deem proper, as q burial place
FOR the burial of persons without charge
therefor, under such regulations as the
said commissioners shall prescribe and
they may lay out the remaining unoecu-
pied portions Of said burial ground or
grounds, in suitable lots or other sub-di-
visions for family or other burial places,
with all necessary paths, avenues, or 9th
er reserved places, and may plant and
embellish the same with trees, shrubs,
flowers, and other rural ornaments. Said
board may make all necessary by laws,
rules and regulations in respect TO the
said burial ground, or grounds, not incon-
sistent with this act and the laws of this
State as they shall deem expedient, and
may alter and amend the same, which by
laws, rules and regulations shall be re-
corded in the town clerk IS office. But
no by law, rule or regulation shall be
adopted TO restrain any person in the free
exercise or enjoyment Of bis religious
sentiments, with respect 10 the burial OF
the dead.


Sec. 3. Said board of commissioners
shall have authority for and 10 the name
of the town, to grant and convey to any
person, by deed duly executed, any of the
designated lots or subdivisions Of said
burial ground, or grounds, TO be used for
the burial Of the dead, and on which to
erect tombs, cenotaphs, and other monu-
ments, on such terms and conditions as
they shall by their by laws, rules and
regulations prescribe and all such lots
shall be exempt from attachment or levy
of execution, and free from taxation, and
such deeds shall be executed for and in
the name Of the town, by one of said
appointed by the board
for that purpose.


Sec. 4. The proceeds of the sale Of
lots, or other sub divisions in said burial
ground, or grounds, shall be paid into the
town treasury, to be kept separate from
any other funds of said town, and subject
to the order of said commissioners and
such proceeds. and the income thereof,
shall be devoted to the improvement and
establishment of such burial ground, or
and keeping the same in order,
under the direction of such commission
ers forever.


Sec. 8. The said board Of commits
sicners are authorised to take and hold
any grant, donation or bequest of prop
erty, upon trust, to apply the same, or
the income thereof, for the improvement
or establishment of said burial ground,


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