Evergreen Cemetery
Laws, Rules and Regulations
LAWS, RULES, REGULATIONS
OF EVERGREEN CEMETERY ASSOCIATION.
RESPECTING ELECTION AND DUTIES OF OFFICERS.
SEC. I. At the first legal meeting of the members of Evergreen Cemetery Association, six Trustees were chosen and divided into three classes, and numbered one, two, and three, each class consisting of two Trustees. The first class is to serve one year; the second class two, and the third class three years, and until successors are duly elected and appointed. In case of a vacancy in the office of either of the Trustees during the period for which he or they have been respectively elected, the person or persons chosen or appointed to fill such vacancy shall hold the office only for the unexpired term. Hereafter two trustees shall be chosen annually, and shall hold their office for three years.
SEC. 2. The annual meeting of the lot owners of Evergreen Cemetery Association for the election of Trustees and transaction of other business, shall be held on the third Saturday of June in each year, at such hour and place as the Trustees shall direct, and the Secretary shall cause notice to be given of such annual meeting, by posting in conspicuous places in the town of Charlotte, at least three printed or written notices of the same, at least five days previous to the appointed time.
SEC. 3. The Trustees shall hold a meeting on the day of the annual election, or within ten days thereafter, at which time they shall appoint from among their number, a President, a Vice-President, a Secretary, a Treasurer, and a Superintendent. The Trustees may appoint a Sexton from time to time, as occasion may require.
SEC. 4. The President shall preside at all meetings of the Trustees, and shall call meetings of the Board whenever he shall deem it necessary, or whenever requested to do so by two of the Trustees. In his absence the Vice-President shall preside, and in the absence of both, the Board shall fill the vacancy pro tem.
SEC. 5. The Secretary shall keep all minutes of the Board of Trustees, and all books of registry and record.
SEC. 6. The Treasurer shall receive all moneys due the Association, and pay out the same on the order of the President, countersigned by the Secretary. He shall render an account of the state of the finances of the Association for each year, to be exhibited at the annual meeting, and to the Board of Trustees whenever requested so to do. He shall also have custody of the seal of the Association, all books of accounts, title deeds, receipts, or vouchers, and all papers and documents of every kind pertaining to the financial affairs of the Association.
SEC. 7. The Superintendent shall be charged with the general care of the grounds, under the direction of the Board of Trustees, and have custody of all the property of the Association which may be on the premises, and discharge the duties of General Superintendent. He shall, whenever requested by the Treasurer. or required by an order from any three of the Trustees, and in any event as often as once in three months, pay over to the Treasurer all funds in his hands belonging to the Association, specifying in writing from whom and for what received, and take the Treasurer's receipt for the same. It shall be his duty to see that all plans for improving and embellishing the Cemetery are carried out; and generally to take care that the provisions of the laws of the State applicable to cemeteries, and the by-laws and regulations of the Association are enforced. He shall have a map of the Cemetery grounds, their avenues, walks, and lots, with their numbers, and shall cause the boundaries of the lots, avenues and walks to be preserved.
SEC. 8. Any person who shall feel aggrieved by the action of the Superintendent in the laying out or grading of lots, borders or avenues, or in setting of trees and shrubbery in or around lots, may appeal to the Board of Trustees, the decision of a majority of whom shall be final.. All appeals to the Trustees must be made in writing.
SEC. 9. The Trustees shall constitute and be a Board of Auditors, and may audit accounts at any annual or special meeting of the same.
RESPECTING BURIAL LOTS AND IMPROVEMENTS.
SEC. 1. The land of Evergreen Cemetery shall be divided into lots or plots of such size and shape, and be distinguished by such numbers or description as the Superintendent may deem most appropriate, or as the Trustees may direct. Purchasers, in the selection of lots, may choose from all unsold ground which has been thus divided, excepting those lots reserved for especial purposes.
SEC. 2. All lots sold shall be held in pursuance of acts passed by the Legislature of this State, relating to rural cemeteries, and shall not be used for any other purpose than as places for the burial of the dead.
SEC. 3. Previous to possession being given, or grave dug, or interment made on any lot, a deed or location certificate therefore, in the form established by the Trustees, must be duly executed, and delivered to and accepted by the purchaser.
SEC. 4. Any person holding a deed or location certificate may transfer and convey his or her interest so far as such transfer is allowed by the Laws of the State of New York in relation to rural cemeteries; but no such transfer shall be valid until the person transferring shall sign a memorandum of such transfer on some book of the Association appropriated or used for such purpose.
SEC. 5. The price established for lots at present is five cents per superficial foot. Prominent points requiring peculiar improvements will be sold only in form and dimensions and at such prices as the Trustees may affix.
SEC. 6. It shall be the duty of proprietors of lots to place and keep in repair permanent land marks of their respective boundaries; and all enclosures of lots must be made on the lots themselves, without intruding upon roads, walks or alleys. Railings of iron, stone, marble, or iron posts with iron bars or chains, and properly trained hedges, may be used for enclosure of lots, but no wooden structures will be allowed within or around any lot.
SEC. 7. The proprietor of a lot may erect any proper sepulchral structure thereon. Any slab placed in a perpendicular position must be set in a permanent socket of stone, with a stone foundation properly laid a sufficient depth below the surface of the ground to secure its permanency. In case of large and heavy monuments the foundation must be sunk at least four feet into the ground.
SEC. 8. If there shall be placed in or upon any lot, monument, effigy, enclosure, or any structure whatsoever, or any inscription, which shall be determined by a major part of the Trustees to be offensive, improper, or injurious to the appearance of the surrounding lots or grounds, the said Trustees shall have a right, and it shall be their duty, to enter upon said lot, and to cause the improper object or objects to be removed.
SEC. 9. Proprietors may cultivate trees, shrubs, and other plants upon their respective lots, but no tree growing upon any lot or border, whether originally there or planted by the proprietor, shall be cut down or otherwise destroyed or injured without the consent of the Superintendent.
SEC. 10. If any tree, shrub, or other plant, by means of its roots, branches or otherwise, shall become detrimental, dangerous, or inconvenient to the adjacent lots, walks or avenues, the Superintendent, directed by the Trustees, or a major part of them, shall have the right, and it shall be his duty, to enter said lot, and remove the said tree, shrub or plant, or such part or parts thereof as may mar the effect and beauty of the scenery, or as may be deemed detrimental, dangerous or inconvenient.
SEC. 11. Vaults or tombs will be permitted, provided they are built under ground, except at the entrance, constructed of durable materials, and fitted up in a tight and substantial manner, with catacombs which shall be sealed up with hard brick or other suitable material which the Trustees shall approve, laid in cement, immediately after the deposit of bodies therein. The entrance of all vaults and tombs shall be provided with one or more stone or metal doors. But no tomb or vault shall be constructed within the cemetery except on such lots and in such places as shall be especially designated by the Trustees for that purpose.
SEC. 12. In the erection of vaults, tombs, monuments, railings or other structures, the persons erecting them shall not allow any stone, brick, earth, or other materials to encumber the grounds longer than is absolutely necessary; and they must be removed and deposited under the direction of the Superintendent, and at the expense of the proprietor of the lot on which the structure has been reared.
SEC. 13. Proprietors shall not allow interments to be made upon their lots for remuneration, nor shall any sale or transfer of a lot be made for profit.
SEC. 14. Any owner of a lot wishing to have it kept in perpetual repair, may for that purpose deposit funds with the Trustees, who shall give a deed of trust for the funds, and assume the dudes and responsibilities.
All lot owners desiring graves dug are requested to apply to the Sexton. In case of adults, the graves must be at least five feet deep.
They are also required to procure of the Secretary and fill out a blank, and return the same to him, of which the following is a copy:
EVERGREEN CEMETERY.
Please append correct answers to the following:
Nameof deceased .............. . . . . . .................... .
Dateof Birth ................ Place of Birth..............
Late Residence......... _ .... Date of Decease............
Dateof Interment ........... Disease ....................
Parents..................... Lot No.....................
SEC. 1. No person shall be allowed to ride or drive on this ground faster than a walk. Neither may any horse be left by the driver or rider unfastened. Neither may any horse be fastened to any tree or shrub, or enclosure of a lot.
SEc. 2. Driving upon lots, or the borders of lots is strictly prohibited.
SEC. 3. All persons are prohibited:
1. From picking any flower, either wild or cultivated.
2. From cutting, breaking, marking or injuring any tree, shrub, herb, or other object, whether upon the cultivated part or the bank adjacent.
3. From writing upon, defacing or injuring any monument, stone, fence, enclosure, or other structure, in or belonging to the cemetery.
4. From entering any individual's enclosure without the leave of the owner.
5. From passing over lots, and from walking in any part of the grounds elsewhere than in the proper roads and walks.
6. From running, jumping, the playing of games, or other practice that might indicate a want of reverence for the place, or in any way disturb the quiet and good order of the same.
It is especially desirable that children visiting the grounds be attended by their parents, or some suitable person, who shall be responsible for their conduct and observance of the rules.
It is of the utmost importance that there should be a strict observance of all the proprieties due the place, whether embraced in these regulations or not. Proper decorum should at all tinges characterize the place sacredly devoted and consecrated to the interment of the dead.
" Home of the coming dead!
The spot whereon we tread
Is hallowed ground;
Here earth, in sacred trust,
Shall hold their sleeping dust,
Until her bonds they burst,
And rise unbound.Here shall the weary rest,
And souls, with woe oppressed,
No more shall weep;
And youth and age shall come,
And beauty in her bloom,
And manhood to the tomb;
Sweet be their sleep.Around their lowly bed
Shall flowers their fragrance shed,
And birds shall sing;
On every verdant mound
Love's offering shall be found,
And sighing trees around
Their shadows fling.And there's a holier light!
Hope, with her taper bright,
On every tomb,
Points upward to the sky -
There every tear is dry,
There is no mourner's sigh,
Nor death, nor gloom."
SECTION 647 OF THE PENAL CODE.
"A person who, not being the owner thereof, and without lawful authority, willfully injures, disfigures, removes, or destroys a grave-stone, monument, work of art, or useful or ornamental improvement, or any shade-tree or ornamental plant, whether situated upon private ground, or upon a street, road, or sidewalk, cemetery, or public park or place; or removes from any grave in a cemetery, any flowers, memorials, or other tokens of affection, or other thing connected with them, is guilty of a misdemeanor."
Source: Page(s) 28-34, History of Evergreen Cemetery. by Obed Edson. Sinclairville, New York, Press of the Commercial, 1890.