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AN ACT to incorporate the Graceland Cemetery Company.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That William B. Ogden, Edwin H. Sheldon, Thomas B. Bryan, Sidney Sawyer and George P. A. Healy, and such others as they may hereafter associate with themselves, be and they are hereby created a body politic and corporate, in fact and in name, by the style and title of "The Graceland Cemetery Company;" and by that name shall have perpetual succession and be capable of suing and of being sued, of contracting and being contracted with, of pleading and being impleaded, in any court of law and equity in the state of Illinois; and they and their successors may have a common seal, and make and alter the same at pleasure; and to do such other things as are incident to a corporation and not inconsistent with the constitution of the state of Illinois.

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§ 2. The five persons named shall be the first board of Board of manamanagers of the Graceland Cemetery Company, and shall duties. have power to receive subscriptions for the purchase of property and the laying out and ornamenting of grounds for cemetery purposes, as contemplated by this act; and may issue certificates, representing the interest of subscribers in the property held by the company, and in the proceeds of the sale of burial lots and the individual interests represented by such certificates shall be assignable and transferable only in such way as the managers for the time being may, from time to time, direct; and such individual interests are hereby declared to be personal estate. And the said managers shall have authority to call in and demand from the subscribers, respectively, such sums of money by them subscribed, at such times and in such payments or installments as they shall deem proper, and to compel the payment of installments so demanded, by forfeiture of the interests of any subscriber refusing to pay such installments, so demanded, or by the sale by them of such part of his interest as may be necessary to pay such installment. And it shall be lawful for said managers to receive, at their option, such real estate or personal property, at an equitable valuation, in payment of subscriptions, as they may deem available for the purposes of the company; and no subscriber shall be liable for the debts of the company in a greater amount than the interest actually owned by him at any time.

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§ 3. The said managers of the said company, and their Possession of real successors, shall have power and authority, in the name of said company, to obtain possession of real estate, by purchase, exchange or otherwise, for cemetery purposes, in the township of Lake View, county of Cook, state of Illinois; to hold the same, to an amount at no time exceeding five hundred (500) acres; to sell, exchange or dispose of any part or parcel of land that they may be compelled to purchase, in

Laying out grounds.

Exemption from

taxes.

Interments.

Donations grants.

and

Molesting tombs.

order to obtain such grounds, as may not be actually needed for burial purposes. of 4. The managers, and their successors, shall have authority to lay out and ornament, for cemetery purposes, such grounds as they may acquire, as aforesaid; to make and have recorded in the recorder's office of Cook county a plat of such grounds and of such additions thereunto as they may make at any time; and the filing of such a plat for record shall operate as a legal vacation of any former plat or subdivision of the same, and of any roads or alleys passing through the same; also to erect such buildings, tombs, inclosures or other structures as they may deem advisable; to arrange and dispose of burial lots, on such terms and with such conditions for the permanent care and preservation of the cemetery, or any part thereof, as they may agree upon with purchasers; to make such by-laws and regulations relative to the election and duties of managers and their successors, the appointment of officers and agents and their several duties and compensations, and to make such rules and regulations, from time to time, for the government of lot-holders and visitors to the cemetery, as they may deem necessary.

§ 5. All lots sold for burial purposes, by said cemetery company, when conveyed by the corporation to individual proprietors, shall be indivisable, but may be held and owned in undivided shares; and shall be free from taxation and from execution and attachment: Provided, that no one person shall hold, at any one time, more than four lots so exempted; and all estate, real or personal, held by the company, actually used by the corporation for burial purposes, or for the general use of the lot-holders, or subservient to burial uses, and which shall have been platted and recorded as cemetery grounds, shall likewise be exempt, as above.

§ 6. Every lot sold by the cemetery company, for burial purposes, shall be held by the proprietor for the purpose of sepulture only, and shall be transferable only by the consent of the managers; and no lot-holder shall permit interment in or upon any lot held by him for a consideration. § 7. The said corporation may take and hold any grant, donation or bequest of property, real or personal, upon trust, to apply the same or the income thereof, under the direction of the board of managers, for the improvement or embellishment of the said cemetery, or for the erection, repair, preservation or removal of any tomb, monument or gravestone, fence railing or other erection, or for the planting and cultivation of trees, shrubs, flowers or plants in or around any cemetery lot, or for improving the said premises in any other manner or form, consistent with the design and purposes of this act, according to the terms of such grant, dōnation or bequest.

§ 8. If any person shall clandestinely open any tomb or grave in the inclosure of the Graceland Cemetery Company,

and shall remove or attempt to remove any body or remains therefrom, such person, upon conviction thereof in any court of competent jurisdiction, shall be sentenced to undergo an imprisonment in the state prison, at hard labor, for a term of not less than six months or more than one year, or pay a fine of not less than one hundred or more than five hundred dollars, or both, in the discretion of the court having jurisdiction thereof. And any person who shall willfully Injuring property destroy, mutilate, deface, injure or remove any tomb, monument, gravestone or other structure, placed within the inclosure of said cemetery company, or any fence, railing or other work, erected for the protection or ornament of said cemetery, or any tomb, monument or gravestone or other structure, placed therein as aforesaid, or shall willfully destroy, cut, break, injure or remove any tree, shrub, plant, or any part thereof, within the limits of said cemetery, or shall shoot or discharge any gun or other fire-arms, or any fire-works or other missile, capable of doing any injury to any structure or plant, as aforesaid, within the limits of said cemetery aforesaid, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, before any justice of the peace, be punished by a fine of not less than five nor more than one hundred dollars; or, upon conviction thereof, before any other court of competent jurisdiction, shall be punished by a fine as aforesaid, or by imprisonment for a term not exceeding one year, or both, at the discretion of the court having jurisdiction thereof, according to the nature and aggravation of the offense. And such offender shall also be liable, in an action of trespass, to be brought against him in any court of competent jurisdiction, in the name of said company, to pay all such damages as shall have been occasioned by his unlawful act or acts; which money, when recovered, shall be applied by the said corporation, under the direction of the board of managers thereof, to the reparation and restoration of the property destroyed or injured as above; and members of the said corporation shall be competent witnesses on such suits. And, to enable the said Arrest of offendcorporation to enforce the provisions of this section, power and authority are hereby given to the superintendent and gate keeper of the said corporation, for the time being, respectively, to arrest, without process, any person or persons who, to their knowledge, may have committed any offense against the provisions of this section, and shall carry such offender or offenders before a justice of the peace for trial or examination.

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9. No roads or streets or other thoroughfares shall be Roads and streets aid out through any property, selected and held by said cemetery company for burial purposes, without consent of the managers of the company, nor shall any of the lands so selected and held be condemned, for right of way, by any other corporation, for any purpose whatever: Provided,

that this section shall only apply to such lands as shall have been platted and recorded as provided for in section four of this act.

§ 10. The corporation known and designated as "The Graceland Cemetery Company," organized under the management of the same corporators hereinbefore named, under the act to provide for the incorporation of cemetery associations by general law, approved February 14th, 1855, is hereby merged in the corporation of the same name created by this act; and so much of the grounds of said company as have been duly platted and recorded as a cemetery in the records of Cook county, Illinois, together with such lots in said recorded plat as have been sold for. purposes of sepulture, shall be embraced within the provisions and entitled to all the benefits of this act, without record.

§ 11.
This act shall take effect from and after its passage.
APPROVED February 22, 1861.

In force February AN ACT to incorporate the Hutchinson Cemetery Association, in Springfield, 18, 1861.

Corporate name and style.

Officers.

Biennial election of directors.

Illinois.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the lot owners in the tract or parcel of land, situated and being in the western part of the city of Springfield, in the state of Illinois, known as "The Hutchinson Cemetery," be and they are hereby incorporated, under the name and style of "The Hutchinson Cemetery Association;" and, by that name and style, to have perpetual succession, and all the powers, rights, liabilities and immunities incident to a corporate body.

§ 2. The officers of said association shall be elected by the lot owners, except as hereinafter provided; and said elective officers shall consist of nine directors, each of whom shall be the owner of one or more lots in the said cemetery; and the said directors, or a majority of them, shall constitute a board for the transaction of all business and the management of all-property of said association.

83. The said directors shall be elected by ballot, on the first Monday of April next, and every two years thereafter, and shall hold their offices until their successors shall be elected and qualified; and notice of the election of directors, to be held on the first Monday of April next, shall be given by one or more lot owners, at least ten days before such election, by publishing a notice thereof in one of the newspapers published in the city of Springfield, Ill., specifying the time and place of said election; and the said election

election.

shall, in matters not herein provided for, be conducted in such manner as the lot owners attending the same shall deem proper; and the persons receiving the highest number of votes cast at such election shall be declared duly elected. § 4. At all elections, after the election provided for in Certificate the third section hereof, two of the said directors of this association shall act as judges and the secretary of said board shall act as chief clerk thereof; and the said clerk shall, within ten days after each election, give the persons elected as directors a certificate of their election. And the said board may, on giving ten days' notice thereof, hold a special election, to fill the vacancy or vacancies occasioned by the death, resignation or removal of any of said directors.

§ 5. Every person having a title, in fee, to one or more lots or fraction of a lot in said cemetery, shall be a member of said association, and be entitled to one vote only.

dence.

§ 6. The said board of directors shall have power to Sexton's purchase, receive by grant or otherwise, a lot of land, suitable for the residence of a sexton, and erect thereon such buildings as may be required for that purpose.

laws.

§ 7. The said board of directors shall have power to es- Rules tablish and change by-laws, prescribe rules and regulations for the appointment, term of office, duties and fees of their officers, the government of the association, and the general supervision and control of the said cemetery; and the said board may, for cause, remove any of the officers of its appointment.

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and by

8. The said board of directors shall choose from their Treasurer's bond. number a president and treasurer and shall appoint from the members of said association a suitable person for secretary and a sexton, together with such other officers as the interests of said association may require. The said board shall take a bond, with sufficient security, from the treasurer, whereby he shall obligate himself, in all things, to faithfully discharge the duties of his office, and truly and honestly account for all moneys which may come into his hands belonging to said association.

§ 9. The said association shall have and keep a corpo- Corporate seal. rate seal, with such device and inscription thereon as may be ordered by the said board of directors; and all deeds and other writings made or issued by said association shall be signed by the president, attested by the secretary, and sealed with said corporate seal.

&c.

10. The said board of directors shall have power, at Tax for repairs, any time, to levy and assess upon the members of this association, to be apportioned among them upon the basis of the number of lots owned by each, a tax sufficient to keep, maintain and preserve said cemetery and its inclosures in good order, repair and condition; and the said board of directors, shall, upon the assessment and levy of said tax, make out a certificate, under the seal of said board, signed

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