Where bodies 4. The Company shall, by walls or other sufficient fences of the height of eight feet at least, enclose every part of the Cemetery held by them. 13, 14 V. c. 76, s. 12. 5. The Company shall also, out of the moneys received by virtue of this Act, keep the Cemetery, and the buildings and fences thereof, in complete repair and in good order and condition. 13, 14 V. c. 76, s. 13. 6. The Company shall make all proper and necessary sewers and drains in and about the Cemetery for draining it and keeping it dry; and they may from time to time, as occasion requires, cause any such sewer or drain to open into an existing sewer with the consent in writing of the persons having the management of the street or road, and with the like consent of the owner or occupier of the land through which or part of which the opening is intended to be made, doing as little damage as possible to the street, road or land wherein the same is made, and restoring it to the same or as good condition as it was in before being disturbed. 13, 14 V. c. 76, s. 14. 7. If the Company at any time causes or suffers to be brought to or to flow into any river, spring, well, stream, canal, reservoir, aqueduct, pond or watering place, any offensive matter from the Cemetery, whereby the water is fouled, the Company shal! forfeit for every such offence fifty dollars. 13, 14 V. c. 76, s. 15. 8. This penalty, with full costs of suit, may, by a civil action in any Court of competent jurisdiction, be recovered by any person having a right to use the water; but the penalty and costs shall not be recoverable unless sued for during the continuance of the offence, or within six months after it has ceased. 13, 14 V. c. 76, s. 16. 9. In addition to the penalty of fifty dollars (and whether the same has been recovered or not), any person having a right to use the water may sue the Company in a civil action for any damage specially sustained by him by reason of the water being fouled; or if no special damage be alleged, then, for the sum of ten dollars for every day during which the offensive matter has continued to be brought or to flow after the expiration of twenty-four hours from the time when notice of the offence was by such person served upon the Company. 13, 14 V. c. 76, s. 17. 10. No body shall be buried in a vault or otherwise under may be buried. any chapel or other building in the Cemetery, nor within fifteen feet of the outer wall of any such chapel or building. 13, 14 V. c. 76, s. 11. Funerals to be decently per formed. 11. The Company shall make regulations to ensure all burials within the Cemetery being conducted in a decent and solemn manner. 13, 14 V. c. 76, s. 10. for Strangers 12. The Company shall furnish graves for strangers and for the Graves to be poor of all denominations, free of charge, on the certificate in furnished gratis the latter case of a Minister or Clergyman of the denomination and Poor. to which the deceased belonged, that the relatives of the deceased are poor and cannot afford to purchase a lot in the Cemetery. 13, 14 V. c. 76, s. 7. taxation. 13. The real estate of the Company and the lots or plots when Real estate of conveyed by the Company to individual proprietors for burial Company exsites, shall be exempt from taxation of any kind, and shall from not be liable to be seized or sold on execution, or attached, or applied to the payment of debts under any bankrupt or insolvent law. 13, 14 V. c. 76, s. 6. Part. need not be 14. When a lot has been sold by the Company, for a burial site, Lots conveyed the conveyance shall not require to be registered for any purpose registered. whatever, and shall not be affected by any Registry Act, nor shall any judgment, mortgage or incumbrance subsist on any lot so conveyed. 13, 14 V. c. 76, s. 8. 15. The Deeds from the Company shall be in the following Deed to be in form : Know all men by these presents, That the Cemetery, in consideration of his heirs and assigns, dollars, paid the receipt unto the said Land in the Cemetery of the said Company, called and situate in the County of Lot of which Lot is delineated and laid down on the map of the said Ceme- superficial feet to have and to hold the hereinabove named premises, &c. 13, 14 V. c. 76, s. 8. the following divisible, but 16. All lots or plots of ground in the Cemetery, when num- Lots to be inbered and conveyed by the Company, as burial sites or lots, may be held in shall be indivisible, but may afterwards be held and owned undivided in undivided shares. 13, 14 V. c. 76, s. 6. Part. Shares. Proceeds of 17. One half of the proceeds of all sales of burial sites, made Application of by the Company, shall be first applied to the payment of the purchase money of the land acquired by the Company, and the residue to preserving, improving and embellishing the land as a Cemetery or burial ground, and to the incidental expenses of the Company; and after payment of the purchase money, the proceeds of all future sales shall be applied to the preservation, improvement and embellishment of the Cemetery, and to the incidental expenses thereof, and to no other purpose whatever; and no dividend or profit of any kind shall be paid No dividend by the Company to any member thereof. s. 6. Part. 13, 14 V. c. 76, allowed. Lots to be not less than 100 superficial feet. Shareholders paying $8 on shares, eligible as directors. No proprietor superficial feet 18. Every proprietor of a lot in the Cemetery, containing not less than one hundred superficial feet, and who has paid twenty-five per cent. or more, of the price of the lot, shall be deemed a shareholder in the Company, and every such lot shall be deemed a share in the Company. 13, 14 V. c. 76, s. 4. 19. Every shareholder who has paid to the Company, not less than eight dollars in all on his share or shares, shall be eligible as a Director. 13, 14 V. c. 76, s. 4. 20. The Company may sell a lot of any size, but no proprieof less than 100 tor of a lot containing less than one hundred superficial feet shall be a mem- shall thereby become a member of the Company or have any ber or entitied vote in the management of the affairs thereof. to vote. Property to be managed by nine directors; 76, s. 4. 13, 14 V. c. 21. The affairs and property of the Company shall be managed by nine Directors, a majority of whom shall form a quorum. a majority to be 13, 14 V. c. 76, s. 3. a quorum. Directors to be elected by ballot. Number of by the shares 22. The first Directors shall be chosen by ballot from among the subscribers to the Registered Instrument, and thereafter the Directors shall be annually elected by the shareholders on the third Monday in January in every year. 13, 14 V. c. 76, s. 3. 23. Upon every election of Directors, including the first, Votes regulated every shareholder shall be entitled to one vote for every share he no shareholder holds or is possessed of up to ten, and one vote for every five to vote unless shares above ten; but no shareholder shall vote unless he has paid at least two dollars upon each share on which he votes. 13, 14 V. c. 76, s. 3. $2 is paid on each share. Election of By-laws. Register to be kept. 24. The Directors, or a majority of them, shall, at their first meeting, elect one of their number to be President of the Company, and the President, if present, (or if he be not present, then some Director chosen for the occasion) shall preside at every meeting of the Directors, and shall not vote except in case of an equality of votes when he shall have a casting vote. 13, 14 V. c. 76, s. 5. 25. The Directors may pass By-laws for the laying out, selling, and managing of the ground,-for regulating the erection of tombs, monuments, or grave-stones therein, and for empowering the President to execute conveyances of plots to shareholders. 13, 14 V. c. 76, s. 5. 26. The Directors shall record in a book, kept for the purpose, all their By-laws and proceedings, and every person shall have access to such book for the purpose of searching and making extracts therefrom without payment of any fee. 13, 14 V. c. 76, s. 5. call for instal 27. The Directors may also call for instalments on the Directors may sums subscribed for, and may appoint a time for the payments. ment thereof; and if the same be not then paid, the right of the subscriber, and every instalment formerly paid, shall be forfeited, and he shall be held not to have subscribed, unless the Directors think it expedient to remit the forfeiture, which they may do if the instalments be paid with interest within one year after the day when they ought to have been paid. 13, 14 V. c. 76, s. 18. 2. The Directors shall be personally liable for any judg- Directors liable ment recovered against the Company. 13, 14 V. c. 76, s. 6. for judgments recovered against the persons de 29. Any person who, 1-wilfully destroys, mutilates, defaces, company. injures or removes any tomb, monument, grave-stone or other Penalty on structure placed in a Cemetery, or any fence, railing or other work facing tomb for the protection or ornament of a Cemetery or of any tomb, stones, &c. monument, grave-stone or other structure aforesaid or of any Cemetery lot within a Cemetery, or 2 wilfully destroys, cuts, breaks or injures any tree, shrub or plant, in a Cemetery, or 3--plays at any game or sport, in a Cemetery, or 4--discharges fire arms (save at a military funeral) in a Cemetery, or 5-who wilfully and unlawfully disturbs persons assembled for the purpose of burying a body therein, or 6 who commits a nuisance in a Cemetery, shall be guilty of a misdemeanor, and shall, upon conviction thereof before a Justice of the Peace, or other Court of competent jurisdiction, be punished by a fine of not less than four dollars nor more than forty dollars, according to the nature of the offence. 13, 14 V. c. 76, s. 9. 30. The offender shall also be liable in an action of trespass, Application of in the name of the Company, to pay all damages occa- penalties. sioned by his unlawful act; and the money, when recover ed, shall be applied under the direction of the Directors for the reparation and reconstruction of the property destroyed, and members of the Company shall be competent witnesses in the suit. 13, 14 V. c. 76, s. 9. CAP. LXVIII. An Act respecting Conveyances to Trustees for Burial HER ER Majesty, by and with the advice and consent of the follows: may be vested 1. Whenever any of the inhabitants of a Township or locality When lands for in Upper Canada, to the number of ten or more, desire to burial grounds take a conveyance of land for a burying ground not to in trustees. belong exclusively to any particular denomination of Christians, such Not exceeding ten acres for See Call 43 1861 such persons may appoint Trustees, to whom, and their suc cessors to be appointed in such manner as may be specified in the Deed of conveyance, the land may be conveyed; and such Trustees, and their successors in perpetual succession, by the name expressed in the Deed, may take, hold and possess the land, in trust for the uses and purposes limited in the Deed, and may maintain and defend suits in law or equity for the protection thereof, and of their property therein. 13, 14 V. c. 77. 2. But there shall not be held in trust under any such conveyance for the purposes aforesaid, more than ten acres of land for the inhabitants of any one township or locality. 13, 14 V. c. 77. CAP. LXIX. An Act respecting the property of Religious Institutions in Upper Canada. ER Majesty, by and with the advice and consent of the H and Assembly of Canada, enacts as When lands may be vested in trustees for church yards, burial grounds, Conveyances to trustees to When trustees follows: 1. When any Religious Society or Congregation of Christians in Upper Canada, desire to take a conveyance of land for the site of a church, chapel, meeting-house, burial ground or residence for the Minister, or when any Religious Congregation or Society of Presbyterians, Lutherans, Calvinists, Methodists, Congregationalists, Independents, Anabaptists, Quakers, Menonists, Tunkers or Moravians, desire to take a conveyance of lands for the support of Public Worship and the propaga tion of christian knowledge, such Society or Congregation may appoint Trustees to whom, and their successors to be appointed in such manner as may be specified in the deed of conveyance, the land requisite for all or any of the purposes aforesaid may be conveyed; and such Trustees and their successors, in perpetual succession, by the name expressed in the deed, may take, hold and possess the land, and maintain and defend actions in law or equity for the protection thereof and of their property therein. 9 G. 4, c. 2,3 V. c. 73, s. 2,---8 V. c. 15, s. 1. 2. But such Trustees shall, within twelve months after the execution of the deed of conveyance, cause the deed to be registered in the office of the Registrar of the county in which the land is situate, or otherwise the same shall be void. 9 G. 4 c. 2, s. 3,---8 V. c. 15, s. 2. 3. When a debt has been or may be hereafter contracted for may mortgage the building, repairing, extending or improving of a church, lands so held. meeting-house or chapel on land held by Trustees for the benefit of |