and situated on section No. seven, township No. fifteen north, range three east of the fourth principal meridian, in the county and state aforesaid, be and the same is hereby declared vacated.

§ 2. The trustees of said town are hereby authorized to remove, or cause to be removed, to the new cemetery, (lately purchased and platted, situated on section thirteen, township fifteen north, range two east,) all persons heretofore buried in the old or first-named cemetery; and, for that purpose, may pass such ordinances as they may deem proper.

§ 3. The said trustees, after having caused the removal aforesaid, shall have power to sell or dispose of the grounds now occupied in the old cemetery, and apply the proceeds to the improvement of the new cemetery. APPROVED February 20, 1861.

In force February 18, 1861.

AN ACT to incorporate the El Paso Cemetery Association.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Samuel L. Kerr, Robert A. McClellan, Lewis B. McOmber, Alexander Hawthorn and Alanson Stockwell and their associates, in the town of El Paso, in the county of Woodford, and their successors, be and they are hereby constituted a body corporate and politic, by the name and style of the "El Corporate name. Paso Cemetery Association," and, by that name, shall have perpetual succession, and shall have all the powers, privileges, liabilities, and immunities incident to a corporate body.

Laying out of grounds.

Lots.

§ 2. The object of said association shall be, exclusively, to lay out, inclose, ornament, and keep in repair, a plat or piece of ground, not exceeding forty acres, which shall be exempt from taxation, from attachment and execution, to be used as a burial place for the dead.

§ 3. Said association shall have power and authority to obtain possession of real estate, by purchase, exchange, or otherwise, for cemetery purposes, and to hold the same, to an amount at no time exceeding forty acres, and to sell, exchange or dispose of any part or parcel of land, not actually needed for cemetery purposes: Provided, always, that the amount be not reduced to less than twenty acres.

§ 4. Said association shall have power to lay out said burial place into lots, of suitable size for family burial departments, and sell the same; the purchaser of which shall use said lot as herein contemplated, and for no other purpose whatever.

funds.

§ 5. The proceeds of such sale and other funds which Application may come into the possession of the association shall be appropriated and used in paying for and laying out the grounds and in improving and ornamenting the same, or in other objects connected with the incorporation.

86. The officers of this association shall consist of five Trustees. trustees, who shall choose from their number a president and a secretary, who shall also act as treasurer. Said officers shall hold their office for two years and until their successors are elected. The election for officers shall be held on the first Monday in March, biennially; but any failure to elect officers at the proper time shall not operate as a forfeiture of this act of incorporation.

§ 7. Every member, holding one or more lots, shall be a member and entitled to one vote only.

§ 8. The right of property to any lot or lots, which may Book of record. be sold by said association shall be vested in the purchaser by a certificate of purchase, signed by the president and countersigned by the secretary, and shall be recorded in a book kept by the secretary for that purpose; and every transfer of such certificate shall be made by surrendering the same to the secretary, who shall then issue a new certificate and cancel the former.

lations.

of

9. The said corporation shall have power to make, es- Rules and regutablish and change by-laws, and prescribe rules and regulations for the government of said cemetery association and its officers, and shall have power to raise, upon an assessment upon the owners of lots, such sums as may be necessary to keep the inclosing walls or fence in repair.

10. The said association shall set apart, and hold sacred Burial of the poor for that purpose, a portion of the ground within their boundaries, sufficient to bury the poor and strangers.

§ 11. If any person shall clandestinely open any tomb Molesting tombs. or grave in the inclosure of the El Paso Cemetery Associa tion, 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 more than five hundred or less than one hundred dollars, or both, in the discretion of the court having jurisdiction thereof; and any person who shall willfully destroy, mutilate, deface, injure, or remove any tomb, monument, gravestone, or other structure, placed within the inclosure of said cemetery association, or any fence, railing, or other work, erected for the protection or ornament of said cemetery, or any tomb, monument, gravestone, or other structure, placed therein, as aforesaid, or shall willfully destroy, cut, break, injure, or remove any tree, shrub, plant, or part thereof, within the limits of said cemetery, or shall shoot or discharge any gun, or other firearms, or any fire

ty.

proper

works or other missile, capable of doing any injury to any structure or plant, as aforesaid, within the limits of said cemetery, as 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 association, to pay all such damages as shall have been of occasioned by his unlawful act or acts; which money, when money collected, received, shall be applied by the said corporation, under the direction of the board of trustees thereof, to the reparation and restoration of the property destroyed or injured, as above; and members of the said corporation shall be competent witnesses in such suits; and to enable the said corporation to enforce the provisions of this section, power and authority are hereby given to the superintendent, gate-keeper or sexton of the said corporation, for the time being, 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.

Application

Record of busi

ness.

Compensation of officers.

§ 12. Said board of trustess shall cause to be kept, in a book for that purpose provided, a full and complete record of all their meetings, proceedings, orders, purchases and sales of property, with the names of the parties thereto; also a complete register of the burials heretofore made, as near as may be, and hereafter to be made in said cemetery, with the names and ages of the dead; which book of record, as well as all other books kept by the board of trustees, or the secretary, shall at all times be open for inspection by the members of the association.

§ 13. It shall be the duty of the trustees to have the general management and superintendence of the cemetery, appoint a sexton and other officers, and fix upon their compensation.

14. This act shall take effect and be in force from and after its passage.

APPROVED February 18, 1861.

AN ACT to incorporate the Forreston Cemetery Association.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That John Meyers, Thomas Botdorf, Seton Halsey, David Rhinehart, and Matthew Blair, and their associates and successors, be and they are hereby created a body corporate and politic, by the name and style of "The Forreston Cemetery Association, in the town of Forreston, in the county of Ogle, and state of Illinois;" and by that name and style to have perpetual succession, and all the powers, rights, liabilities and immunities incident to a corporate body.

ficers.

§ 2. The officers of said association shall be five direc- Directors and tors, and such other officers, as by this act may be authorized or created, each of whom shall be the owner of one or more lots in the cemetery of said association. Said directors or a majority of them, in all cases, shall constitute a board for the transaction of all business, and the management of all property of said association, and shall be elected by ballot biennially, on the first Monday in March of every second year, and shall hold their offices until their successors are elected. Any neglect to choose officers on the day fixed upon by this act, shall not operate as a forfeiture of this act of incorporation.

treasurer.

§ 3. Said board of directors shall choose, from their own President number, a president, a treasurer, (who shall act as secretary,) and shall appoint from the members of said association, a sexton, and such other officers as the interest of said association may require. A bond, with security, may be taken, by said board from said treasurer for the faithful discharge of the duties of his office.

§ 4. At all elections of said association, two of said di- Elections. rectors shall act as judges, and the secretary of the board as clerk thereof; and said clerk shall, within ten days after each election, give to the persons chosen a certificate of their election. When a vacancy shall occur in the board of directors, for any cause, the remaining director or directors shall fill such vacancy by appointment, till the end of the term, from among the members of this association.

§ 5. Every person having a title to one or more lots in said cemetery, shall be a member of said association, and entitled to one vote only. Absent members shall have power to vote by proxy, authorized by writing, first filed with the secretary of said board.

and

and possession of

6. Said board of directors shall have power to purchase, Purchase receive by grant or otherwise, and hold lands, not exceeding lands. twenty acres, for a cemetery, and to lay out the same into lots suitable for the burial of the dead, and also, after setting apart a portion thereof, for a potter's field, to sell and convey the same, by certificate of purchase, signed by the president and attested by the secretary; and the purchasers

thereof, their heirs and assigns, shall use their said lots for burial purposes only.

87. The proceeds arising from the sale of said lots, shall be applied by said directors in making such improvements upon said cemetery as they shall think necessary and appropriate, and for such other purpose, for the interest of said association, as the said directors may deem necessary. And said board of directors shall have power to establish 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 its property. Said board may, for cause, remove any of the officers of its appointment.

§ 8. All deeds and other writings, made or issued by said association, shall be signed by the president and attested by the secretary.

§ 9. Said directors shall cause to be kept and preserved in a book or books to be procured by them for the purpose, a full and complete record of all their meetings, orders, purchases and sales of property, with the names of the parties thereto; also, a complete register of the burials in said cemetery; which book of records shall, at all times, be open for the inspection of the members of the said association and under the control of the said board of directors.

§ 10. The right of property to any lot or lots in said cemetery shall be vested in the purchaser, by certificate of purchase, signed by the president and attested by the secretary; which certificate shall be recorded by the secretary. Every transfer of such certificate shall be made by surrendering the same to the secretary, who shall issue a new certificate to the assignee and cancel the former. Lots owned by individuals in said cemetery shall not be subject to be sold on execution for debt.

§ 11. All the property and effects of this association shall be exempt from taxation.

§ 12. A plat of said cemetery shall be made by some competent surveyor, under the direction of the said board of directors, attested by the said surveyor, and acknowledged by the president of said association, before any officer authorized to take acknowledgments of deeds, and, when so attested and acknowledged, shall be recorded in the recorder's office of the county of Ogle, and state of Illinois; and such recording shall give to the record all the force, effect and virtue that is by law given to records of town plats.

§ 13. This act shall be considered a public act, and shall be construed beneficially for all purposes herein specified or intended. To be in force from and after its passage. APPROVED February 14, 1861.