Chap. 276.—An ACT to incorporate the Ivy Hill Cemetery Company,
in Isle of Wight county.

Approved March 4, 18&4.

1. Be it enacted by the general assembly of Virginia, That
George R. Atkinson, John G. Womble, James F. Chalmers,
P. D. Gwaltney, K. K. Chapman, W. D. Folk, M. F. Lang-
horne, FE. A. ALorrison, J. H. Nelms, V. Wrenn, and R.
Thomas, and their successors in office, be, and now hereby
are constituted a body corporate and politic, to be known as
the Ivy Hill Cemetery Company, by which name and style
they shall and may have perpetual suecession and a common
seal, may sue and be sued, plead and be impleaded, contract
and be contracted with, at all times and in all courts and
places, and in all matters whatsoever.

2. The Ivy Hill cemetery company shall have the power,
right, and authority to buy and to hold a piece and parcel
of land not to exceed fifteen acres ot land, near and con-
venient to the town of Smithfield, to be appropriated and
used for a burying-ground and cemetery, and for that purpose
may lay off the same into lots and sub-divisions of lots, suita-
ble for graves, vaults, and monuments, and may improve or
ornament the same with trees and shrubbery and flowers,
and lay out with roads, walks, paths, and drives; and land
thus bought, laid out, improved and ornamented, shall be
held by the said corporation for the purpose of a cemetery
as aforesaid, and for no other purpose.

3. The said Ivy Hill cemetery company may sell and con-
vey any of the lots or sub-divisions in the said cemetery for
burial purposes, on such conditions as they may prescribe
in their by-laws, and the lots shall be held for burial purposes
only, and shall not be subject to any sale by any order of
court, and shall not be conveyed by the owner out of his
family after any interments have been made therein; and
they shall not at any time be sold to or owned or used by
any person except he be a white person.

4. The officers of the aid Ivy Hill cemetery company
shall consist of a president, treasurer, a secretary and a board
of directors, composed of white persons, who shall be elected
on the first Thursday of May, eighteen hundred and eighty-
four, and on the first Thursday of May of each and every
year thereafter. At the general and annual meeting, to be
held on the said first Thursday of May of each and every year,
the said officers shall be elected by a majority of the votes
cast, and each stockholder may ip person or by proxy, give
one vote for each share of stock that he or she may own.

5. A special meeting of the stockholders may be held at
any time by the call of the president and board of directors,
on their giving five days’ notice of the time and place of
meeting to the resident stockholders, when they may transact
any and all business, and do any and all things that may be
transacted and done at the regular and general annual meet-
ing.

6. The officers of the company forthe present shall be:
George R. Atkinson, president; V. Wrenn, treasurer; J.
Henning Nelms, secretary; N. D. Folk, V. Wrenn, J. F.
Chalmers, R. S. Thomas, and P. D. Gwaltney, board of direc-
tors; and they shall hold their oftices until the first Thursday
of May, eighteen hundred and eighty-four, and until their
successors are duly elected and qualified; and all officers
thereafter elected, shall hold their offices until the said first
Thursday of May of the year succeeding their election, and
until their successors are elected and qualified.

7. The said president and board of directors may employ
a skillful engineer to survey the piece or parcel of land
bought, or which may be bought by them, to lay it off into
lots and sub-division of lots, paths, walks, roads, and drives,
and they may determine the size and price of the said lots
and sub-divisions, the position and depths of the graves, the
enclosures and ornamentations of the cemetery, and make all
the arrangements forthe sale and transfer of the lots. When
the same is surveyed, and the number, size and location of
the lots is ascertained, a copy of the survey and plot showing
the number, size and location of the said lots, shall be file
and recorded in the clerk’s office of the county court of Isle
of Wight county. The lots shall be conveyed by deed of the
said Ivy Hill cemetery company, signed by its president, with
the seal of the said Ivy Hill cemetery company attached to
the deed, if it has one.

8. The said board of directors shall likewise determine
how the stock of the company shall be made, authenticated,
verified, and transferred. Shares of stock shall be deemed
personal estate, and as such, shall pass to the personal repre-
sentative or assignec of the stockholders. A book shall be
kept by the company, showing the number of shares, the
holders of these shares, and when they are assigned or trans-
ferred, the name of the assignee. If the share of any sub-
scriber is not paid, it shall and may be recovered of him by
warrant or action, according to the amount; and if the same
with all costs, cannot be made out of the delinquent sub-
scriber, his share may be sold at public auction for ready
money, and transferred to the purchaser. Out of the pro-
ceeds of sale, there shall be paid all costs and charges and
interest thereon, and the surplus, if any, shall go and be paid
to the delinquent or to his personal representative. If the
said company shall fail to prescribe how its stock shall be
issued, held, transferred and assigned, it shall be held, issued,
aden and assigned as is now prescribed by the Code of

rinia, eighteen hundred and seventy-three, page five hun-
dred and fitty, five hundred and fifty-one, and five hundred
fifty-two; and if the said Ivey Hill cemetery company shall
fail to prescribe when and how its dividends may be declared,
and its capital stock divided, then such dividends shall be
declared, and capital stock divided as is prescribed in the
said Code, page five hundred and fifty-two, sections thirty-
two, thirty-three, and thirty-four.

9. There shall be no enclosure of graves within the general
enclosure of the said cemetery, no rank growing vines in any
of the lots of the said Ivy Hill cemetery company, and no
lettered boards designating graves, unless allowed by the board
of directors of the company, and unless they conform to the
general requirement of the company. But the said company
or any owner of any lot may dig a vault in his lot, or adorn
it by a monument or tombstones, or shrubbery or flowers,
which are not by their branches or roots, or otherwise, detri-
mental to the adjacent lots or ornaments, or are not unsightly
and inconvenient to visitors; and if they are, inthe judgment
of the board of directors, detrimental or unsightly or incon-
venient, then the board of directors may order their removal
either specially or by such general laws as they may adopt;
and if they are not removed within the time specified, then
the board of directors may order and cause them to be re-
moved at the cost and charge of the party or parties that
own the lot, and may collect the same by warrant or action,
according to the amount. And if any earth, plank, bricks,
lime, cement, mortar, or material of any kind used by any
one in the burial of any person. or in the adornment of any
grave or lot. or for any other Pere is not removed by the
party or parties owning the lot, or ordering or directing or
doing the work, then the said company may order the re-
moval of the said earth, plank, brick, lime, cement, mortar,
material or rubbish of any kind, and if it is not removed in
the time specified by its special or general orders in its by-
laws, then the board of directors may order the removal of
the said earth, plank, bricks, lime, cement, material or rubbish
at the cost and charge of the party or parties owning the
said lot, or ordering or directing or doing the said work, and
may collect the same by warrant or action, according to the
amount.

10. Any person who shall wilfully destroy, injure or re-
move any tombstone or monument placed in the said cemetery,
or shall wiltully remove, destroy, cut, break or injure any
railing. fence, tree, shrub, ‘plant or flowerin the said cemetery,
or shall shoot off and disc harge any gun, pistol, or other fire
arm, Within the said enclosure, shall be guilty of a misde-
meanor, and shall, upon conviction thereof, be fined not less
than five dollars, ‘and the money, when collected, shall be
applied to the reparation or restoration of the property in-
jured, and if none injured, then it shall go into the gencral
treasury, to be applied as the said company may determine.

11. All persons and employees connected with this ceme-
tery, shall be special policemen, with full powers to arrest all
intruders and depredators on the premises, and visitors and
owners of lots are alike reminded that the grounds are
sacredly devoted to the interment of the dead, and that the
atrict observance of the decorum which should characterize
such a place will be required equally and alike of cach and
of’ all.

12. This act shall be in force from its passage.