Chap. 178.—An AOT to incorporate the Byrd Cemetery Company, in
Goochland county.

Approved December 1, 1884,

1. Be it enacted by the general assembly of Virginia, That
W. B. W. Brooking, R. F. Vaughan, William Morris, Henry
T. Tregoning, D. S. Hanemaker, A. K. Leake, M. W. Carter,
J. B. Carter, John T. Wilkinson, G. B. Cornell, John Van
Water, W. 8S. Harry, and C. L. Leake, or such of them as
may accept the provisions of this act, and their successors in
office, be and are hereby constituted a body corporate and
politic, to be known as the Byrd cemetery company, by which
name and style they shall and may have perpetual succession
and a common seal, may sue and be sued, plead and be im-
pleaded, contract and be contracted with, at all times and in
all courts and places, and in all matters whatsoever.

2. The Byrd cemetery company shall have the power,
right and authority to purchase and to hold a piece, parcel,
or lot of land, not to exceed ten acres, near Byrd church, to
be appropriated and used for a burying-ground and cemetery,
and for that purpose may lay off the same in lots and subdi-
visions of lots suitable for graves, vaults and monuments, and
may improve or ornament the same with trees, shrubbery
and flowers, and lay out roads, walks and drives; and the
land thus purchased shall be held by the said corporation for
the purpose of a cemetery, as aforesaid, and for no other pur-

ose.
J 3. The said Byrd cemetery company may sell and convey
any of the lots or subdivisions in the said’ cemetery, for burial
purposes, on such conditions as they may prescribe in their

y-laws, and the lots shall be held for burial purposes only,
and shall not be subject to 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 said Byrd cemetery company shall
consist of a president, treasurer, secretary, and a board of
directors, who shall be elected on the first Saturday of Octo-
ber, eighteen hundred and eighty-four, and on the first Sat-
urday of October of each and every year thereafter, by a ma-
jority of the votes cast, and each stockholder may, in 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 meet-
ing to the resident stockholders, when they may transact any
business, and do any and all things that may be done at the
regular and general annual meeting.
6. The annual meeting, until changed by the by-laws, shall
be held at Byrd church, on the said first Saturday of October;
and all officers shall hold their offices until the first Saturday
of the year succeeding their election, and until their succes-
sors are elected and qualified.

7. The said president and board of directors may make all
necessary arrangements, and employ the services of an engi-
neer and other persons, in laying off the land held by the said
company into lots, paths, walks, roads, and drives, in orna-
menting and enclosing the cemetery, and do whatever may
be proper and necessary about the sale and transfer of the
lots. When the land shall have been surveyed and laid off
into lots, and so forth, a copy of-the survey and plat, showin
the number, size and location of the lots, shall be filed an
recorded in the clerk’s office of the county court of Goochland
county. The lots shall be conveyed by deed of the Byrd
cemetery company, signed by its president, with the seal of
the said company attached to the deed, if it has one.

8. The said board of directors shall 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 representative
or assignee of the stockholder. A book shall be kept by the
company, showing the number of shares, the holders of the
same, and when assigned or transferred, the name of the as-
signee. If the share of any stockholder is not paid, it shall
and may be recovered of him by action or warrant, according
to the amount; and if the same, with all costs, cannot be
made out of the delinquent subscriber, his share may be sold
at public auction for cash, and transferred to the purchaser.
Out of the proceeds 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 representa-
tive. Ifthe said company shall fail to prescribe how its stock
shall be issued, held, transferred and assigned, it shall be held,
issued, transferred and assigned as is now prescribed by the
Code of Virginia, eighteen hundred and seventy-three, pages
five bundred and fifty, five hundred and fifty-one, and five
hundred and fifty-two; and if the said 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. The said board of-directors shall make all such needful
by-laws, rules and regulations, with regard to enclosures, the
manner in which owners of lots shall be required to keep the
same, the materials used for the burial of persons, or the
adornment of any lot, or with regard to the general manage-
ment of the cemetery as may be proper.

10. Any person who shall wilfully destroy, injure or re-
move any tombstone or monument placed in the said ceme-
tery, or shall wilfully remove, destroy, cut, break or injure
any railinz, fence, tree, shrub, plant, or flower in said ceme-
tery, or shall shoot off and discharge any gun, pistol, or other
fire-arm \vithin 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 be injured, then it shall go into the general
treasury, to be applied as the said company may determine.

11. All officers of the said company, its employees and
other persons connected with the said cemetery, shall be spe-
cial policemen, with full powers to arrest all intruders and
depredators on the premises.

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