Chap. 508.—An ACT to amend and re-enact an act approved March 19, 1850, en-
titled ‘an act incorporating the Woodbine Cemetery Company, in the county of
Rockingham.”

Approved April 2, 1902.

1. Be it enacted by the general assembly of Virginia, That an act en-
titled “an act incorporating the Woodbine Cemetery Company, in the
county of Rockingham,” approved March nineteenth, eighteen hundred
and fifty, be amended and re-enacted so as to read as follows:

§1. Joshua Wilton, L. H. Ott, William M. Bucher, T. O. Jones, L. C.
Myers, J. H. Neff, George E. Sipe, P. Bradley, and T. N. Haas, succes-
sors of John Jenney, Abner Smith, N. C. Smith, J. C. Sterling, I.
Hardesty, William Reherd, Edward H. Smith, John H. Wartman, Wil-
liam McK. Wartman, Henry T. Wartman, P. R. Harrison, William
Stevens, G. M. Effinger, M. Harvey Effinger, William Miller, and Nevil
Rogers, incorporators named in said act of March nineteenth, eighteen
hundred and fifty, and their associates and successors, and all such per-
sons as are now or may hereafter become owners of lots in the cemetery
hereby incorporated, shall be, and are hereby, created and made a body
politic and corporate in law under the name and style of the Woodbine
Cemetery Company, and by that name and style shall be able and capable
in law, to have and use a common seal, to contract and be contracted
with, to sue and be sued, to plead and be impleaded, and to do and per-
form all such other things as are incident to a body politic and cor-
porate.

§ 2. Said corporation shall have the right to acquire and hold real es-
tate, in or near the town of Harrisonburg, not exceeding in quantity fifty
acres, to be held for the purposes of said cemetery as a place of interment,
and shall have power to lay out and ornament the same, to erect such
buildings thereon as it may deem necessary and proper; to arrange burial
lots, and to make and enforce, by reasonable fines and penalties, such by-
laws, rules, and regulations for the government of the establishment, in-
cluding the lots held in severalty by members of the company as it shall
judge best: provided, the same be not contrary to ihe constitution and
laws of the United States or of this State: and provided, further, that no
portion of said cemetery, or of any sub-division thereof, shall be used as
a burial place for any person of the African race.

§ 3. No streets, lanes, alleys, or roads shall be made or established over
the land owned by said corporation, or any part thereof, except by the
consent of the company, nor shall the same be condemned or taken for a
public use.

§ 4. The estate, property, government, and affairs of said corporation
not otherwise provided for shall be managed and controlled by a board of
nine trustecs, who shall have power to make and adopt. by-laws, rules, and
regulations as aforesaid, such trustees to be chosen from among those who
are or may hereafter become proprietors of lots, in severalty or jointly
with others, in said cemetery, and at the election of such trustees, and at
all other meetings, each corporator or lot owner shall be entitled to one
vote, and where, by the death of the owner of the lot, a number of per-
sons as co-parceners are owner of such lot, such co-parceners shall be en-
titled together to one vote, but any one of them present at a me¢ting
shall have the right to cast the vote as representing them all, and where
more than one are present, the vote shall be divided among those present
and cast in fractions.

$5. There shall be biennial meetings of the members of said corpora-
tion for the election of trustees, the same to be held at such time and
place as the by-laws of the company may provide, and at such mectings
any nine or more persons entitled to vote shall constitute a quorum for
the transaction of business, and in the event of a failure to hold such
inceting, the trustees then in office shall continue as such until their sue-
cessors may be elected.

SG. Only those members present at a meeting of the company shall
he ‘entitled to vote.

$7. Immediately after an election of trustees the trustees shall elect
from their own body a president, a treasurer, and a secretary, and such
other officers as the by-laws may require, and it shall be their duty to
fill anv vacancy that may occur in any office, including vacancies in their
own. body, in which last case the person so clected to fill a vacancy in the
office of trustee shall serve until the next election of trustees as here-
inbefore provided.

$8. The interest of a lot holder in the property of said corporation
shall not be subject in any way for the payment of debts, nor shall the
same pass by insolvency or into the hands of exceutors or administrators,
or be liable for taxes of any description, but the rights and interests of
members shall remain in their respective families according to the course
of descents, subject to the control of thé board of trustees acting under
authority of law, or of the by-laws, rules, and regulations of the ecorpora-
tion.

$9. The said corporation shal] have full power to acquire, by sale of
lots, gift, devise, or bequest, money and real and personal property to an
amount not oxoceding fifty thousand dollars in value in addition to the
land held for burial purposes, and may use or invest the same as it sees
fit: provided, however, that said corporation shall make no use of such
money, property, or effects, except for the improvement, repair, and main-
tenance of the cemetery: and provided, further, that said corporation, in
addition to the property it is permitted to acquire as aforesaid, shall.
have the right to hold and execute trusts for the maintenance, improve-
ment, and repair of the cemetery, or any portion thereof.

$10. Said corporation is hereby invested with the right of eminent
domain, and in the exercise thereof may condemn land needed for its
purposes as a place of interment not in excess of ten acres within the
limit of quantity fixed by this charter. Application for the condemna-
tion of land shall be made by authority of the trustees in the corporate
name, and the proceedings thereon shall be governed by the provisions of
the general law so far as applicable to the case.

§ 11. The cemetery grounds, with the improvements thereon, and all
the property and things connected therewith belonging to said corpora-
tion shall be, for police purposes, under the protection of and subject to
the ordinances of the corporation of the town of Harrisonburg, and the
mayor and council of said corporation shall have jurisdiction of all
offenses committed upon and within said grounds in the same manner
as if done and committed within said town of Harrisonburg.

§ 13. The first nine persons named in this act shall constitute the
board of trustees of said company until the first day of the month fol-
lowing the first election, which election shall be held on the first Tuesday
in January, nineteen hundred and three, and of which notice shall be
given by publication for two weeks in one of the newspapers published in
Harrisonburg.

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