Passed 8th March 1849.

WHEREAS the Rector, Church Wardens, and Vestry of Saint John Church, in the Parish of Burton, in the County of Sunbury, have by their petition to the General Assembly set forth that they have lately purchased from Charles H. Clowes, a lot of ground situate in the said Parish of Burton, for a burying ground, and divided the same into small lots, which they are desirous of selling to such individuals as may be willing to purchase the same; which said land is bounded as follows:Commencing northerly on the line between land granted originally to one Israel Kinney and others, and land formerly owned by Priscilla Hazen, and running south twenty degrees east eighty rods, to a stake and willow tree; thence east twenty degrees north twenty rods, to a small yellow birch tree and stake; and thence north twenty degrees west eighty rods, to a willow tree and stake; thence west twenty degrees south twenty rods, to the first mentioned bounds ;

Be it therefore enacted, &c.-1. The said Rector, Church Wardens, and Vestry of Saint John Church, in the Parish of Burton, shall be and they are hereby authorized and empowered to make sale of the said burying ground, or any part or parts thereof, for such price or prices, and under and subject to such conditions, covenants, agreements, and regulations as by them may be deemed necessary or proper, and thereupon to make and execute good, legal, and sufficient conveyances of the same, any former law to the contrary notwithstanding.

2. And whereas the making separate conveyances of each of the said small lots into which the said burial ground is divided, would be attended with great trouble and expense ;The said Rector, Church Wardens, and Vestry shall make or cause to be made a plan or plot of the said burying ground, as divided into lots, distinguishing the lots by certain numbers marked on the said plan, which said plan shall remain in the care and keeping of the Clerk of the Vestry for the time being; and one true and exact counterpart thereof shall be deposited in the office of the Register of Deeds of the County of Sunbury, and one other counterpart shall be deposited in the office of the Clerk of the Peace of the said County; all or any of which said plans may at all proper times be seen and inspected by any person desirous of viewing the same; and the names

of several purchasers in severalty may be included in one deed or conveyance, mentioning the numbers of the lots so conveyed to the said purchasers respectively, and referring to the plan or plot of the said ground; which said deed so made to several purchasers, shall be good, valid, and effectual, without the mention or insertion therein of the particular consideration paid for the same, such deeds being duly registered in the Register's office for the said County of Sunbury.

3. Provided always, that such lots shall not be assigned or transferred by the purchasers thereof, without the assent of the said Rector, Church Wardens, and Vestry, and they shall not be liable to be levied upon or taken in execution, but shall be altogether free from seizure at the suit of any person or persons whomsoever; and the property in any one of such burial lots, or part thereof, shall not prevent any confined debtor from receiving support under the law in force for the relief and support of confined debtors.

4. Nothing in this Act contained shall extend or be construed to affect the rights of any person or persons, body politic or corporate whatsoever, other than the said Rector, Church Wardens, and Vestry.

17th VICTORIA-CHAPTER 28.

. An Act to incorporate the Fredericton Rural Cemetery.

Section.

1. Corporation, how constituted.

2. Capital stock what, how divided, and payment

3. First meeting, how called.

Section.

4. Cemetery, when exempt from taxes.
5. Punishment for what offences in Cemetery.
6. Property therein, and owner, from what
proceedings exempt.

Passed 1st May 1854.

WHEREAS the want of a suitable place for the burial of the dead is much required in or near the City of Fredericton ;

Be it therefore enacted, &c.-1. The Honorable John Ambrose Street, the Honorable William H. Odell, George Botsford, John Simpson, Spafford J. Barker, Robert Chestnut, Samuel W. Babbit, and Robert Gowan, Esquires, their associates, successors, and assigns, be and they are hereby declared to be a body politic and corporate, by the name of "The Fredericton Rural Cemetery Company," and by that name shall have all the general powers and privileges made incident to a Corporation by any Act or Acts of the General Assembly now

or hereafter to be in force in this Province, for the purpose of procuring and maintaining a Cemetery or burial ground in or near the City of Fredericton.

2. The capital stock of the said Corporation shall consist of the sum of two thousand pounds, and shall be divided into one thousand shares, to be paid in such sums and at such times as the Directors of such Corporation shall from time to time appoint.

3. The first meeting of the said Corporation shall be called by Robert Chestnut, Esquire, or in case of his death, neglect, or refusal, by any two of the said Company, by giving ten days notice of the time and place of such meeting.

4. The land purchased and held by the said Corporation for the purposes herein expressed, be and the same is hereby declared to be exempted from all rates, assessments, and taxes, so long as the same shall remain dedicated to the purpose of a Cemetery.

5. If any person or persons shall wilfully destroy, mutilate, injure, or remove any tomb, monument, grave stone, or other structure placed in the Cemetery aforesaid, or any fence, railing, or other work for the protection or ornament of any tomb, monument, grave stone, or other structure aforesaid; or shall wilfully destroy, remove, cut, break, or injure any tree, shrub, or plant within the limits of the said Cemetery, or shall play at any game or sport, or shall discharge any gun or fire arm, save at a military funeral, within the said Cemetery; or who shall wilfully and unlawfully disturb any persons assembled in the said Cemetery for the purpose of burying any body therein, or who shall commit any nuisance within the said Cemetery, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof before any Justice of the Peace, be punished by a fine of not less than one pound or more than five pounds, or be committed to the common gaol for the space of not more than thirty days, according to the nature and aggravation of the offence; and such offender shall be liable to an action of trespass, to be brought against him in any Court of competent jurisdiction, in the name of the Corporation, to pay all such damages as shall have been occasioned by his or their unlawful act or acts; which money, when recovered, shall be applied by the Corporation to the reparation of the property destroyed or injured as above, and members of the Corporation shall be competent witnesses in such suits.

6. The lots in the said Cemetery shall not be levied upon or taken in execution, but shall be altogether free from seizure, and the property in the same or any part thereof shall not prevent any confined debtor from receiving support under the law for the relief and support of confined debtors.

17th VICTORIA-CHAPTER 49.

An Act relating to the Roman Catholic Burial Ground in the Parish of Portland, City and County of Saint John.

Section.

1. No burial within, from what time, and exception.

Section.

2. Penalty for burying contrary to Act, and removal of corpse, when.

3. Saving in behalf of present proprietors. Passed 1st May 1854.

WHEREAS from the great increase in the extent and population of the Parish of Portland, it is apprehended that the interment of the dead in the Roman Catholic burial ground, adjacent to the Indian Town Road, so called, in the above Parish, if continued, may be detrimental to the health of the inhabitants of the said Parish ;

Be it therefore enacted, &c.-1. Upon and after the first day of May next, it shall not be lawful to inter, bury, or place the corpse of any deceased person within the said burial ground; provided always, that nothing herein contained shall apply to prevent the remains of Patrick Power, of the City of Saint John, being interred in the said ground.

2. If any person or persons shall, on or after the first day of May next, inter, bury, or place, or shall aid or assist in interring, burying, or placing any corpse within the said burial ground, except as before excepted, he, she, or they so offending, shall forfeit and pay the sum of one hundred pounds, to be recovered by an action of debt in any of Her Majesty's Courts of Record in this Province, on the complaint of any freeholder in the said Parish of Portland, by and in the name of the County Treasurer of the City and County of Saint John; the said fine, when recovered, to be paid and applied to the Commissioners of the Alms House for the City and County of Saint John, for the use of the poor thereof; and it shall and may be lawful for the Police Magistrate of the said Parish of Portland, and he is hereby required to order and direct the

disinterring and removal of any corpse interred, buried, or placed in the said burial ground contrary to the provisions of this Act, and to cause the same to be decently interred in any other burial ground, at the discretion of said Magistrate.

3. Nothing in this Act shall be construed to affect the title of the present proprietor or proprietors to the above burial ground for any lawful purpose whatever, save and except the interring, burying, or placing of the dead in the said burial ground.

17th VICTORIA-CHAPTER 56.

An Act to amend an Act for the Incorporation of the Saint John Rural Cemetery Company.

Section.

1. Annual meeting, when held.

Section.

2. Tenure of lots in Cemetery, &c. Passed 3rd May 1853. WHEREAS the time for holding the annual general meeting of the Saint John Rural Cemetery Company is found very inconvenient, and it has become necessary that the same should be altered ;

Be it therefore enacted, &c.-1. So much of the sixth Section of the Act of incorporation as applies to the holding of the annual general meeting of the said Company is hereby repealed; and in lieu thereof, from and after this present year, the annual general meeting of the stockholders and proprietors of the said Company shall be held on the first Monday in April in each and every year, for the purpose of choosing Directors, &c., as expressed in and by the said sixth Section.

2. The lots in the said Cemetery shall be indivisible, but upon the death of any proprietor of any lot in the said Cemetery containing not less than one hundred and fifty square feet, the devisee of such lot, or the heir at law, as the case may be, shall be entitled to all the privileges of membership, and if there be more than one devisee or heir at law of such lot, the Directors for the time being shall designate which of the said devisees or heirs at law shall represent the said lot and vote in the meetings of the Corporation, but nothing herein contained shall prevent the heirs at law of such proprietor of a lot from burying in the same lot under the bye laws of the said Company.