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gernon S. Hubbell, Isaac Baldwin, William Shugard, and
their associates, be and they are hereby constituted a Style of Inoration. body politic and corporate in law, by the name of the
"Mount Pleasant Cemetery Company of Newarh," and by that name shall have power to use a common seal, to sue and be sued, to defend and be defended in all courts of law or equity; to hold and convey real and personal estate, and to do all such other things as are incident to à corporation, and necessary for the purposes of this Act.
Sec. 2. And be it enacted, That the said Mount PleasQualifica- ant Cemetry Company of Newark, shall be composed tions of mem. only of persons who are or shall be owners of sub-lots or
burial places in said cemetry; and that the said corporation shall have power to take hold in fee, the tract of land situated in the city of Newark, and lying on the east side of the road leading to Belleville, adjoining the land of Frederick Bange and Martin Rowen, containing about fourteen acres; and being the same premises conveyed to Joseph Harrison, by deed from Jonathan Osborn, Jun. Sheriff of Essex County, bearing date the 15th day of October, A. D. 1838, for such cemetery ; and such other land, which the said corporation may hereafter add thereto for the purpose aforesaid, not exceediug forty acres in the whole; and that the said corporation shall hold such tract or tracts of land in trust and for the uses hereinafter mentioned, to wit:
First- The said corporation shall have power to lay Objects of in- out and divide said tract or tracts into sub-lots, and may corporation. sell or otherwise dispose of the said sub-lots in the said
cemetery, and take the proceeds of sale to their own proper use and behoof; and may erect thereon such improvements buildings and accommodations, as they may deem suitable.
Second--The sub-lots shall be conveyed to the respectjve purchasers in fee, and the purchaser of each lot, his heirs and assigns, shall have the exclusive use and occupation thereof only for the interment of deceased persons, with the common use of avenues and walks; subject to such regulations as may be established by the said corporation, relative to the rights and privileges of the holders of lots; and the transfer of the same, the digging of graves, the building of vaults, the erecting of motiuments, and the ornamenting and preserving of the whole or any part of said cemetery.
Sec. 3. And be it enacted, That the care and manager
And be it enacte Board of Mawile, Frede
ment of the said cemetery, and the business of the said
Business of corporation, shall be confided to nine managers being 6
& corporation lot-holders, who shall have the exclusive superintendence to be con. thereof, with power to fill any vacancy that may occur in ducted by the Board of Managers, from the death, resignation, nine manag. neglect or refusal to act of any manager, and with power to appoint and to employ such officers and agents, as they may deem expedient, and to fix the compensation of such officers and agents; which managers shall be chosen as hereinafter mentioned by the owners of the sub-lots, at such time and place, as the Board of managers for the time being may direct.
Sec. 4. And be it enacted, That the following persons shall constitute the first Board of Managers, that is to First manag. say: William Rankin, Horace E. Baldwin, Frederick S. Thomas, Algernon S. Hubbell, Lorenzo A. Sykes, James R. Sayre, Joseph W. Duryea, Nathaniel W. Sanford and David Ball-who shall within one month after the passage of this act, be divided by agreement or by lot, into three classes consisting of three persons each, and be so arranged, that the term of service of one of said classes shall expire at the end of one year; one at the end of two years; and one at the end of three years; that three managers shall be elected at the end of the firsi year, three at the end of the second year, three at the end of the third year, by a majority of the proprietors present, either in person or by proxy, and in like manner from year to year. And it shall be the duty of the managers for the time being, immediately before proceeding to an election, to make a report to the proprietors, of the state of the affairs of the association; and whenever any annual or other meeting of the stockholders shall be called, public notice shall be given in at least one news. paper published in Newark for two weeks stating the time, place, and object, of such meeting.
Sec. 5. And be it enacted, That a.majority of the proprietors present at their first meeting convened for such Proprietors purpose, and at each successive annual meeting as afore- ;
Clans, &c. said, shall have power to make by-laws, rules and regulations, relative to the duties of the managers, the rights of lot-holders, the privilege of visitors, and the general government of the affairs of the cemetery: Provided however, that after any by-law, rule or regulation shall Provise be adopted, the same shall not be altered or repealed, except by a vote of two thirds of the proprietors repre. sented at a meeting regularly convened for that purpose,
each lot in all cases to be entitled to one vote; and provided further that the proprietors may at their first meeting, or at any annual meeting if a majority concur, em. power and direct the managers for the time being, to make any by-laws, rules and regulations for the govern. ment of the cemetery, which they may deem expedient.
Sec. 6. And be it enacted, That the premises, burial
lots, vaults, monuments, and other fixtures of said Premises not cemetery, shall not be subject to any assessment, subject to tax taxes or fines, unless otherwise directed by the board of
chosen freeholders of the county of Essex, or liable to be seized upon, distrained, sold, or otherwise subject to any process of law, or assignments under any insolvent law whatever, except for incumbrances existing at of preivous to the passage of this act: and that no street or road shall hereafter be opened through the lands of this corporation. .
Sec. 7. And be it enacted, That this aet shall be deemed and taken as a public act, and shall at all times be
recognized as such, in all courts and places whatsoever, Hot to be and shall go into effect immediately on the passage lic act,
Passed January 24, 1844.
deemed pub- thereof.
A supplement to an act entitled' (an act to authorize
the sale of certain Real Estate of John Matthews, deceased, late of the county of Cumberland.
Sec. 1. BE IT ENACTED by the Council and General
Assembly of this State, and it is hereby enacted by the au. T. Ferguson
e to thority of the same, That Thomas Ferguson be, and he make deed of is hereby authorized to make and execute to Carlton P. conveyance. Stokes, a good and lawful deed of conveyance for the
tract of land mentioned in the original act, to which this is a supplement, which John Matthews, late of the coun. Ly of Cumberland, died siezed, situate in Gloucester county, lying on Long-a-coming branch, containing fifty niue acres and thirty-three hundredths, be the same more or less; and said deed skall vest in said Carlton P. Stokes, his heirs and assigns, as good and perfect a title as said John Matthews was possessed, or entitled unto at the time of his decease.
Passed January 24, 1844.
An act to incorporate the Allowaystown Union Bene
ficial Society of Upper Alloways Creek, in the county of Salem, New Jersey.
Sec. 1. BE IT ENACTED by the Council and General Assembly of this State, and it is hereby enacted by the authority of the same, That Charles H. Powell, William T. Names of Dubois, William C. Lambert, Horatio G. Davis, Richard Corporators. C. Ballenger, Samuel Craig, Daniel Vanneman, Furman Wintzell, and all such other persons, not exceeding at any one time, three hundred, as now are or hereafter shall become, members of the said society, be, and they are hereby ordained, constituted and declared a body corporate and politic, in fact and in law, by the name and title of the Alloways Union Beneficial Society; and by
Style of insuch name they shall have succession and continuance,
to corporation. and be in law capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all courts of law and equity whatsoever, in all manner of action and ac. tions, suits, matters, complaints, and causes whatsoever;" and that they and their successors may have and use a common seal, and shall have the power to alter and change the same at pleasure; and by their name as aforesaid, and under their common seal, may make and enter into, form and execute any contracts or agreements relating to, touching or concerning the objects of the said corporation:
Sec. 2. And be it enacted, That for the more effectual accomplishment of the objects of the said incorporation, como
Officers of in
there shall be a President, Vice President, Secretary, As. sistant Secretary, Treasurer, three Stewards and a Mes. senger, and such other officers and assistants as shall be deemed necessary; who shall be elected by ballot by a majority of the members present at such election, at such times and places as the said corporation shall, from time to time, appoint and direct.
What real or
Sec. 3. And be it enacted, That the estate and property,
som of what kind soever the same may be, now or hereafter, iate, corpo. held by the said society, shall be vested in the body corsation may porate and politic, hereby created, which said body politic hold.
and corporate shall by the name and title aforesaid, be able and capable in law, to purchase, receive, take, hold and convey, for the use and benefit of said society, and for the purposes expressed in this act, any lands, tenements, hereditaments, and any sum or surns of mo. ney, rights, securities, goods and chattles, by gifts, alienations, devise, bequest or otherwise, of any person or persons, bodies corporate or politic, legally authorized to make the same; Provided, that the clear yearly income or value of the real and personal estate of the said corporation shall not exceed the sum of eight hundred dol.
lars. May make constitution Sec. 4. And be it enacted, That the said corporation and by-laws. be, and they are hereby authorized and empowered to
make, adopt and use, and from time to time alter, amend or change, as by them may be deemed expedient, such general form of a constitution, and such by-laws for the transaction of business, and for effecting the purposes of the society aforesaid, as to the members, or a majority of the members present, duly met, shall be deemed right
and proper; Provided, That nothing in the said constitu. Proviso.
tion and by-laws be repugnant to the constitution or laws of the United States or the State of New Jersey.
Sec. 5. And be it enacted, That the sole and exclusive Objects of in. object of the society hereby incorporated, shall be the corporation. relief of its respective members, when sick or disabled
by bodily infirmities from pursuing their ordinary avocation, the payment of the expenses incident to the decent interment of deceased members, or the deceased wives of members, as provided for in the constitution and bylaws of said society, and such other necessary expenses as shall accrue by carrying into effect the objects set forth in this and the foregoing sections of this act; and no part of the funds of the said corporation shall be used