<pre style="white-space: pre-wrap">xt7m0c4sjp0g https://exploreuk.uky.edu/dips/xt7m0c4sjp0g/data/mets.xml Cave Hill Cemetery (Louisville, Ky.) 1901  books b98-59-43710584 English Courier-Journal Job Print. Co., : Louisville, Ky. : Contact the Special Collections Research Center for information regarding rights and use of this collection. Cave Hill Cemetery Company. Cave Hill Investment Company. Cemeteries Kentucky Louisville. Registers of births, etc. Kentucky Louisville. Charter, by-laws and rules and regulations of Cave Hill Cemetery Co. (incorporated 1848)  : and charter of Cave Hill Investment Co. (incorporated 1882). text Charter, by-laws and rules and regulations of Cave Hill Cemetery Co. (incorporated 1848)  : and charter of Cave Hill Investment Co. (incorporated 1882). 1901 2002 true xt7m0c4sjp0g section xt7m0c4sjp0g 


ENTRANCF TO THE CEMETERY.

 
   CHARTER, BY-LAWS


       AND RULES AND REGULATIONS


                 OF


Cave Hill Cemetery Co.
             1,INCORPORATFD  184S-  


      AND CHARTER OF


garut +4 +1 R nuQstnivnt &        .
         (INCORIORATED IS2.


    LOUISVILLE, KENTUCKY.


          LOUISVILLE, KY.
     COURIER-JOURNAL JOB PRINTING COMPANY,
             1901.

 
This page in the original text is blank.

 
Co ontents.


ARTICLES PROHIBITED ON LOTS ...............


BURIAL PERMITS ................
BURIAL RIGHTS.... . .  .  ........
BY-LAWS, CAVE HILL CEMETERY COMPANY
CARE OF LOTS.       .    . .
CARRIAGE SERVICE  ..............
CHARTER, CAVE HILL CEMETERY COMPANY
CHARTER, CAVE HILL INVES TENT COMPANY
CHAPEL. . . . .. .. . .. . .. .. . .. .
CITY ORDINANCE  ...............
COMMITTEES. . .. . .. .. . .. ..  . .
FORM OF BEQUEST TO CAVE HILL INVESTMENT
GATEKEEPER, APPOINTMENT OF .......
GATEKEEPER, DUTIES OF.
HEIRS-AT-LAW.
HISTORICAL SKETCH OF CAVE HILL CEMETERY
IMPROVEMENT OF LOTS.
INTERMENTS AND DISINTERMENTS .......
JOINT OWNERSHIP ....   .........
LINEAL DESCENDANTS .............
LOTS AND GRAVE SPACE ..     .........
MANAGERS, ELECTION OF ............
MANAGERS, MEETINGS OF.... . . . ...
MANAGERS, TENURE OF OFFICE, ETC ......
MONUMENTS AND GRAVESTONES   . .. .. . .
MOUNDS.


COMPANY


..      67
   69-70
  49-57
..      6o
.      46
..    7-22
..   25-28
..      66
.      71
. . 6 and 52
..      28
..       i52


OFFICERS AND MANAGERS, CAVE HILL CEMETERY COMPANY.
OFFICERS AND DIRECTORS, CAVE HILL INVESTMENT COMPANY
OFFICERS OF BOARD, CAVE HILL CEMETERY COMPANY . ..
PLANTING OF FLOWERS .... .  .  ............
PERPETUAL CARE OF LOTS ..................
PREPARATION OF GRAVES ..................


PAGE
6o


...............56
      20 and 70
         29-48

            59
         67-69

...... .......58
      20andd69
 .... .........58
           49
           51
           49
         63-65
           6o


5
23
5'1
6o
68
68


.. .. .
.. .. .

 
4


CONTENTS.


PRESIDENT AND VICE PRESIDENT, DUTIES OF .........
RECEIVING TOMB AND PRIVATE VAULTS ...........


RELINQUISHMENT OF BT'RIAL, RIGHTS


RESERVED GRAVES .... .  .  ...............
RESIDUARY DEVISE    ...................
RIGHTS ACQUIREID BV PURCHASE .........     . ....
RULES AND REGULATIONS, CAVE HILL CEMETERY COMPANY
SECRETARY AND TREASURER, DUTIES OF ...      .......
SEXTON. APPOINTMENT OF.. . . ...... ..           .  
SEXTON. DUTIES OF. .... .. . .  .  ..........
SHELTER TENTS, CHARGE FOR     .   . .. ..   .    ..
SODDING OF GRAVES.. ... ........ ... ..          ..
SPECIAL CARE OF LOTS ....................
SUPERINTENDENT. APPOINTMENT OF.  . ...   ......
SU-PRINTENDEN-T. DUTIES OF.
TARIFF OF PRICES FOR LOTS.       .           ....
TARIFF OF PRICES FOR SINGLE GRAVES..  .. .   . ..
TARIFF OF CHARGES FOR RECEIVING TOMB AND PRIVATE
     VA ULTS
TICKETS OF ADMISSION.      ..............
TRANSFER OF LOTS . .  . . .. . .. ..I.......      ...... .
VISITORS


PAGE
  52
65-66


...... ...... 20and69


     63
21 and 69
   58

   5S-72
     53
     52
     56
     66
     6o
     61
     52

     54
     62
     62


     65

     70
i9 and 58

     70

 
CAVE HILL CEMETERY COMPANY.

      OFFtICE BROADWAY AND BAXTER AVENUE


        Bhaard of lzinagers.


J. H. M. MORRIS, PRESIDENT.
ARTHUR PETER, VICE-PRESIDED,
R. H. BLAIN.
E. W. HAYS.
               W. H. EDINC


L. D. CARTER,
     Secretary and Treasurer.


     JOHN W. BARR.
IT.  A. G. MUNN.
     W. H. DULANEY.
     JOHN WHITE.
GER.


ROBERT CAMPBELL,
            Superintendent.

 
         COMMITTEES.


             FINANCE.
E. W. HAYS.         W. H. EDINGER.
ARTHUR PETER.       A. G. MUNN.
         J. H. M. MORRIS.


        BUILDING AND GROUNDS.

JOHN W;V. BARR.  A. G. MUNN.
ARTHUR PETER.   JOHN WHITE.

W. H. DULANEY.  J. H. M. MORRIS.


         FORMS AND RECORDS.

W. H. J)ULANEY.   E. W. HAYS.

R. H. BLAIN.    Wy. H. EI)INGER.
          J. H. M. MORRIS.


JOHN W. BARR.
JOHN WHITE.


RULES.

  R. H. BLAIN.
  J. H. M. MORRIS.

 
CHARTER


                     OF

 Cave Hill Cemetery Company.


               Oaprr 1914.

AN ACT TO INCORPORATE THE CAVE HILL CEME-
            TERY OF LOUISVILLE.


Be it enac/ed by the General Assembly of the Com-
   monweal/h of Kentucky:
   SECTION ONE. That L. L. Shreve, G. W. Bay-
less, Jedediah Cobb, James C. Johnson, Wm. B.
Belknap, and James Rudd, and their successors in
office be and they are hereby created a body politic
and corporate in law, under the name and style of
the "Cave Hill Cemetery Company," and by that
name shall be able and capable in law to have and
use a common seal, to sue and be sued, plead and
be impleaded, to answer and defend in all courts
and elsewhere as natural persons, and may ordain
and put in execution such by-laws, rules and regu-
lations for the government of said company and the
management of its affairs as they may deem proper,
not contrary to the Constitution or laws of this State
or of the United States.
  SECTION Two. That the City of Louisville shall
have the right and power, nine Councilmen concur-
ring, to set apart, donate, and convey to the Cave
Hill Cemetery Company any part of the Cave Hill
arm, not more than fifty acres, to be perpetually


See amnendment
approved Mch
9, 1854.

 
CHARTER


See amendments
approved Feb.
9, 1P64,a nd May
28, iS96.


See amendment
approved Mch.
12, 1870.


held and used for the purpose of a Rural Cemetery;
and said Cave Hill Cemetery Company may take
and hold any other land by devise or purchase, not
exceeding one hundred acres, and may take and
hold by gift or devise, money and personal estate,
not exceeding one hundred thousand dollars in
value.
   SECTION THREE. That said corporators may
hold the office of Managers until the first day of
June, I850, and until their successors are appointed
as provided for in this act, during which period
they shall divide themselves into three equal
classes: the first class shall go out of office oin the
first day of June, 1850, the second on the first day
of Junle, i851, and the third class on the first day
of June, i852, and thereafter one-third of the entire
Board shall go out of office every year, subject to
re-election; and the Mayor and Council of Louis-
ville, a majority of all the Councilmen elect concur-
ring, shall fill all vacancies which may oc Cur from
lapse of time, death, resignation, removal from the
city, or from other cause, and all vacancies shall be
certified to the Mavor and Council by the remaining
Managers. A removal from the city or refusal to
act shall be deemed a resignation of said office.
   SECTION FoUR. That it shall be the duty of
said Managers to elect a President from their own
body who shall, as such, execute all contracts and
obligations in the name of the Cave Hill Cemetery
Company according to the order of the Board of
Managers; and said Board of Managers and their
successors in office shall have power and authority
to lay out and improve the grounds held by said
corporation, to erect all necessary buildings, to em-
ploy agents and laborers, to lay off and dispose of


8

 
CAVA HIIL CEMTgERY COMPANY.


burial lots by sale and conveyance upon such terms
as they shall consider proper. It shall be the duty
of said Board of Managers to elect a Treasurer and
Secretary, who shall execute bond for the perform-
ance of the duties required of them, with such
security and penalty as the Board of Managers
shall require by their by-laws; and they shall cause
a record of their proceedings to be kept, also an
account of the receipts and expenditures of said
corporation, and shall, on the first Monday in June
in each year, report a general statement of said
accounts to the Mayor and Council of the City of
Louisville, with a list of lots sold, to whom, and at
what price; and they shall have power and author-
ity to make such by-laws, rules and regulations in
relation to the duties, management, and appoint-
ment of officers and agents, and their pay, and to
make all other necessary rules and regulations from
time to time for the government of lot holders and
visitors of said Cemetery.
   SECTION FIVE. That the proceeds of the sale of
lots in the Cave Hill Cemetery shall be applied to
pay the costs and expenses of improving and deco-
rating said cemetery, to the payment of officers and
services rendered, and to refund to the City of
Louisville moneys advanced for the improvement
of the grounds, and the surplus arising from the
sale of lots shall from time to time, when not ap-
propriated as above, be paid into the City Treasury,
and the Treasurer's receipt taken therefor; which
fund thus paid into the City Treasury shall be a
permanent fund on which the city shall pay to the
Cave Hill Cemetery Company an interest semi-
annually, not exceeding six per cent per annum, to
be applied alone to the repairs, preservation, and


See resolution of
City Council &
deed of City of
Louisville, re-
linquishing all
rightsand fran-
chises.


See amendments
approved Feb.
9, 1864, and Feb.
iI, 1882.


9

 
CHARTER


See City Ordi-
nance for the
protection o f
Cave Hill Cein-
etery, approved
Dec. 29. IS99.


protection of the Cave Hill Cemetery and its appur-
tenances; and if the keeping in repair, preserva-
tion, and protection of said Cemetery, and works,
and buildings, andi improvements shall not require
a sum equal to said six per cent interest, the city
shall be bound to pay only such per cent as will be
sufficient to meet the cost of the same.
   SECTION Six. That after laying out said lots
and adopting a plan of said Cemetery, no road or
street shall be opened or extended through the
same or any part thereof.
   SECTION SEVEN. That the Mayor and Council
are hereby vested with full power, and are required
to pass all necessary ordinances with adequate pen-
alties to protect said Cemetery and everything per-
taining thereto from injury or damage; and said
Cave Hill Cemetery Company shall have the right
of action and recovery against any person or per-
sons who shall in anywise injure any of the improve-
ments, grounds, buildings, shrubbery, trees and
walks within the boundaries of said lands laid out
and conveyed to said Cave Hill Cemetery Company,
and the recovery in the name of the city under any
ordinance shall not be a bar to a recovery by said
corporation.
                     JAMES F. BUCKNER,
              Speaker of the House of Representatives.

   Approved 5th February, 1848.


WMI. OWSLEY,
By the Governor.


ARCH. DIXON,
Speaker of the Senate.


W. D. REED,
Secretary of State.


IO

 
CAVIE HILL CEMETERY COMPANY.


                Qflrptrr 2T7.

AN &CT TO AMEND THE CHARTER OF THE CAVE
                HILL CEMETERY.


Be it enacted by the General Assembly of the Com-
   monweallh of Kentitcky.
   SECTION ONE. That the act incorporating the
Cave Hill Cemetery, near the City of Louisville, be
and it is hereby so amended as that it shall be the
duty of the President and Managers thereof, when
making their annual report to the Mayor and Coun-
cil of the said city, to present a list of the lot
holders in said Cemetery, and no person shall be
elected a President or Manager of said Cemetery
who does not own three hundred feet of ground or
upwards in said Cemetery.
   SEcTION Two. That the charter be further
amended so as that hereafter the lot holders in said
Cemetery shall have the right to elect four, and the
City of Louisville five, Managers of said Cemetery.

                      GEO. W. JOHNSON,
              Speaker of the House of Representatives.

  Approved i7th day of February, I85'.

  JOHN L. HELM,         BEN. EDWARDS GREY,
  By the Governor.  Speaker of the Senate, pro tem.

  JNO. W. FINNELL,
      Secretary of State.


See resol u tion of
City Council &
deed of City of
Louisville  t o
Cave Hill Ceme-
tery Co., relin-
quishing  a 11
rightsand fran-
chises.


See amendment
May 28, 1896.
(Section 5.)


See amendment
Feb. 9, 1864.
(Section 3.)


I I

 
CHARTER


                Qhaptrr 800.

AN ACT TO AMEND AN ACT ENTITLED " AN ACT TO
    INCORPORATE THE CAVE HILL CEMETERY
                  COMPANY."
Be it enacted by the General Assembly qf the Com-
   monwealthl ofj Kentuecky as follows.
   The City of Louisville shall have the right and
power to donate and convey to said corporation any
number of acres of land not exceeding three hun-
dred, adjoining the lands now owned by said Com-
pany, and the said corporation may acquire by gift,
devise, or purchase any number of acres of land not
exceeding three hundred; but all lands acquired by
said corporation shall be perpetually held and used
for the purpose of a rural Cemetery.
                   CHAS. G. WINTERSMITH,
              Speaker of the House of Representatives.
  Approved March 9, i854.
  L. W. POWELL,           H. G. BIBB,
    By the Governor.        Speaker of the Senate.
 J. P. METCALFE,
    Secretary of State.


12

 
CAVE HILL CEMETERY COMPANY.


              T-4aptrr 272.

AN ACT TO AMEND THE CHARTER OF CAVE HILL
                 CEMETERY.


Bc it enacted by the General Assemnbly of the Com-
   mionwealth of Ken/uccy.
   SECTION ONE. That said Company shall not
hereafter be required to execute conveyances to
purchasers of burial lots, but may, in lieu thereof,
issue to purchasers certificates which shall vest in
them the perpetual right to use the lots purchased
as a burial place for the dead, and to improve the
same at pleasure, subject to the rules and regula-
tions of the Company. And neither the lots hereto-
fore nor hereafter sold shall be subject to execution,
or in any manner liable for the debts of the pur-
chasers.
   SECTION Two. Be it further enacted, that the
lands of said Cemetery Company, and all the lots
in the Cemetery grounds, shall be forever exempt
from taxation.
   SECTION THREE. Be it further enacted, that all
the Managers of said Company shall be elected by
the lot owners voting in person; and that all vacan-
cies which shall occur before the day of annual
election shall be filled until that day by the Board
of Managers.
   SECTION FOUR. Be it further enacted, that the
duties of Treasurer and Secretary may be devolved
by the Managers upon one person, and they may
pay him an annual salary not exceeding...........................
dollars.


See amendment
approved May
28, i8o6.
(Sections i, 2, 4
and 5.)

See amendment
approved May
28, 1896.
(Section 3.)


13

 
CHARTER


See amendment
approved Feb.
FT, 1882.


   SECTION FIVE. Be it further enacted, that in
pursuance of the contract entered into between said
Company and the City of Louisville, on the 24th of
March, 1859, the Company shall set apart one-fifth
of the proceeds of the sale of all lots, and invest
the same as often as may be convenient, so as to
create a perpetual fund for the preservation of the
Cemetery grounds, after a sufficient revenue shall
cease to be derived for that purpose from a sale of
lots; and the principal of said fund, so invested,
shall never be used. So much of the fifth section
of the Charter of said Company as requires the sur-
plus of the sale of lots to be paid into the City
Treasury is repealed.
                         H. TAYLOR,
              Speaker of the House of Representatives.
  Approved February 9, 1864.
  THOS. E. BRAMLETTE,      RICHARD T. JACOB,
    By the Governor.         Speaker o]_ the Senate.
  E. L. VAN WINKLE,
        Secretary of State.


                 lraptgr 174.

AN ACT TO AMEND THE CHARTER OF THE CAVE
           HILL CEMETERY COMPANY.

Be it enacted by the General Assembly of the Com-
   mnonwZealth of Kentucky:
   SECTION ONE. That when the Trustees of said
Cemetery Company may desire to acquire lands
adjacent to their Cemetery for the uses thereof, and
can not agree with the owners in respect to the
price, they may, on motion in the Jefferson Court
of Common Pleas, have a writ of ad quod damnum


14

 
CAVE HILL CEMETERY COMPANY.


awarded, which writ shall be directed to the Sheriff
of Jefferson County, commanding him to impanel a
jury of twelve good and lawful men of the County
of Jefferson to meet on the land which the said Com-
pany wish to acquire, at a time and place of which
notice shall be given by the Sheriff to the owner of
the land. If said owner is a non-resident of this
State, notice shall be given to his agent, if he has
one in this State, or if he have no agent it may be
given by publication in a daily paper published in
Louisville for two weeks. The jury, after being
sworn by the Sheriff, shall view the lands, and by
hearing witnesses ascertain what will be a just com-
pensation in money to each owner for the land pro-
posed to be taken.
   SECTION Two. If the jury be not sworn on the
day specified, or if they disagree and are discharged,
or the case continued by the Sheriff, he shall exe-
cute the writ on such other day as he may appoint,
notice being given to the parties interested in the
manner above prescribed. If the inquest can not
be completed in one day the Sheriff shall adjourn
the jury from day to day until its completion.
When the inquest is completed it shall be signed
by the jurors and returned by the Sheriff, together
with the writ, to the Clerk's office whence it
emanated.
   SECTIoN THREE. Either party may, on or before
the first day of the next term of said Court after the
return of the writ, file exceptions to the inquest,
and the Court may for good causes quash the
inquest and award a new writ, or it may overrule
the exceptions and confirm the inquest. If there
be no exceptions the inquest may in like manner
be confirmed.


15

 
CHARTER


   SECTION FOUR. Upon the confirmation of the
inquest and the payment of the sum found thereby
to the parties interested or into Court for them, the
Court shall make an order confirming the title to
the land condemned to said Company, and a copy
of said order shall be recorded in County Court as
Deeds are recorded.
   SECTIoN FIvE. If the inquest be confirmed
without exceptions, or notwvithstanding exceptions
by the Company, the Company shall be adjudged to
pay the costs of the proceedings. In all cases the
costs shall be adjudged against the Company.
                         H. TAYLOR,
              Speakcr of the House of Representatives.
   Approved January i9, i866.
   THOS. E. BRAMLETTE,    RICHARD T. JACOB,
   8y the Governor.      Speaker of the Senate.
   E. L. VAN WINKLE.
        Secretary of Stale.


x6

 
CAVE HILL CEMETERY COMPANY.


                 Xtlizirr t99.

AN ACT To EXEMPT THE TREASURER AND SECRE-
   TARY OF CAVE HILL CEMETERY IN JEFFERSON
        COUNTY FROM ALL JURY SERVICE.

Be if (nactLd by th/e General Assenbly of the Coin-
   nionzeealfh of AzcnuckF:
   SECTION ONE. That the Treasurer and Secre-
tary of the Cave Hill Cemetery, in Jefferson County,
be exempt from all jury service.
   SRCTION Two. That this act shall take effect
from and after its passage.
                       JNO. T. BUNCH,
              Speaker of the House of Representalives.
   Approved 29th January, I870.
   J. W. STEVENSON,         P. H. LESLIE,
   By the Governor.        Speaker of the .Senlote.
   SAM'L B. CHURCHILL,
          Secretary of Satae.


AN ACT TO AMEND THE CHARTER OF CAVE HILL
                  CEMETERY.

Be it enacted by the General Assembly of the Comn-
   mionwealth of Kentuck)'.
   SECTION ONE. That so much of the charter of
said Company as provides that the removal of a
Manager from the City of Louisville shall be
deemed a resignation of his office shall not apply
to a removal to Jefferson County, but a residence in
said city or county shall be a necessary qualification
     2


1 7

 
CHARTER


of a Manager of said Company, a majority of whom
shall reside in said city.
   SECTION Two. This act shall be in force from
its passage.
                       JNO. T. BUNCH,
              Speaker of the House of Representative-s.
   Approved 12th March, 1870.
   J. W. STEVENSON,       JOHN ALEXANDER,
   By fhe Governor.  Pro fern. Speaker of the Senate.
   SAM'L B. CHURCHILL,
          Secretary of State.


                Tiapter 177.

AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO
  AMEND THE CHARTER OF THE CAVE HILL CEM-
     ETERY COMPANY," APPROVED FEBRUARY
        NINTH, EIGHTEEN HUNDRED AND
                 SIXTY-FOUR.

Be it enacted by the General Assembly of the Cotm-
   monweal//h of Kentucky:
   SECTION ONE. That the Cave Hill Cemetery
Company shall, from and after July first, eighteen
hundred and eighty-two, pay to the Cave Hill
Investment Company one-tenth of the proceeds of
the sale of all lots thereafter sold by said Company;
and that said payment shall continue until the
fund belonging to said Investment Company shall
amount to two hundred thousand dollars. These
payments shall be instead of the payments required
by the fifth section of the act to which this act is
an amendment, and instead of the payments re-
quired by the contract entered into between the


IS

 
CAVE HILL CEMETERY COMPANY.


City of Louisville and Cave Hill Cemetery Com-
pany on the twenty-fourth of March eighteen hun-
dred and fifty-nine, and shall be in lieu of all
payments due under said contract and section.
This act shall take effect from its passage, but it
must be accepted by the General Council of the
City of Louisville, and by a majority of the votes
cast by lot owners voting at an annual election held
for the election of a Director or Directors of the
Company.
                         W. C. OWENS,
              Speaker of the House of Representatives.
   Approved February i i, 1882.


LUKE P. BLACKBURN,
  fly the Governor.
JAMES BLACKBURN,
        Secretary of Stale.


Accepted by the
General Coun-
cil and l)y lot
owners.


JAMES E. CANTRILL,
   Speaker of the Senate.


                 Qthatrv 2!0.

AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO
  INCORPORATE THE CAVE HILL CEMETERY COM-
    PANY," APPROVED FEBRUARY FIFTH, EIGH-
       TEEN HUNDRED AND FORTY-EIGHT.

Be it enacted by t/ih General Assembly of the Corn-
   mon-wealth of AKentucky.

   SECTION ONE. That the lot owners in Cave Hill
Cemetery shall not sell the privilege of burying in
their lots without the previous written consent of
the Board of Managers of the Company. But they
may by last will and testament, or by writing
directed to said Company, signed by such owners
and attested by two witnesses, determine who shall
control the right of burial in their lots after their


See amendment
approved May
28, i8p6.
(Section 4.)


19

 
CHARTER


See amendment
approved May
28, 896.
(Section 4.)


death, and such directions may be placed in or on
the certificate of ownership of the lot.
   SECTION Two. In the event that no such direc-
tion is made by last will and testament or by writ-
ing, as hereinbefore provided, the right of burial in
any of the lots of said Cemetery shall go and
descend to the lineal descendants of the original
owner thereof, and the husbands and wives of said
descendants in the order of their deaths, should
application for such burial be made to said Com-
pany.  Provided, however, that any of said de-
scendants may release the right of burial for him-
self and all persons descended from him and their
husbands and wives, by writing filed in the office
of said Company and attested by the President or
Secretary thereof. And in case there shall be no
lineal descendants of said original owner, his heirs-
at-law, in the order of their deaths and application
therefor, shall have the right of burial in said lot:
and the determination and decision as to any and
all such rights of burial provided for in this sec-
tion, and the order thereof by said Board of Mana-
gers, or by the President and Secretary thereof, shall
be final and conclusive thereon. This act shall
take effect from and after its passage.
                        CHAS. OFFUTT,
              Speaker of the House of Representatives.
   Approved February 21, i884.
   J. PROCTOR KNOTT,      JAMES R. HINDMAN,
   By the Governor.        Speaker of the Senate.
 J. A. MCKENZIE,
          Secretary of State.


20

 
CAVE HILL CEMETERY COMPANY.


AMENDMENTS TO THE CHARTER OF THE CAVE HILL CEMETERY
                         COMPANY.

   The Board of Managers of Cave Hill Cemetery Company, by
virtue of an act approved March 22, i892 (Sections 879 to 883 of
the Kentucky Statutes), having heretofore complied with Section
i90 of the Constitution, adopt the following amendments to the
Charter of the said Company:
   i. The Board of Managers shall have power to allow proxy
voting by those entitled to vote other than the holders of certifi-
cates resident in Jefferson County, Kentucky. These must vote
in person, but joint certificate holders may designate in writing
one or more of their number to cast the vote.
   2. The Board of Managers shall have power to require nomi-
nations for the office of Manager to be publicly made not more
than thirty nor less than fifteen days before the date fixed for the
annual election, and to prescribe such regulations therefor as
may reasonably attain that object.
   3. Vacancies in the Board of Managers shall be filled by the
Board for the full term of such vacancy.
   4. Where a lot owner shall die testate a mere residuary de-
vise shall not be construed as including his interest in or control
over any lot. In the absence of a specific devise or directions as
provided for by Section I of amended Charter approved February
21, i884, the lot of a deceased owner shall, as to the power of
voting and the general control (except as to the right of burial),
pass to the surviving husband or wife, as the case may be. If
there be no surviving husband or wife, then to the oldest heir-
at-law, and in succession, so that it shall always be vested in the
oldest heir-at-law; but the person having the present right may
renounce the same in favor of the one next in succession, pro-
vided such renunciation be made in writing, filed with the Sec-
retary of this Company. In case the person having such right
of voting and control is an infant, his or her right is to be exer-
cised by the statutory guardian. This is not to change the right
of burial as set forth in Section 2 of an act to amend the Charter
of this Company, approved February 21, i884, except that said
Section 2 is hereby amended thus: The surviving husband or
wife of such lot owner shall have the right to reserve a grave at


21

 
22                        CHARTER

such place in said lot as he or she may designate to the Com-
pany, and this right shall be superior to the right of any other
person. The Company may prescribe the time within which
such designation must be made to secure this right.
   5. No person shall be considered a lot owner who shall not
either jointly or severally own ninety or more square feet of
ground in the Cemetery; and no person shall be eligible as Man-
ager who does not jointly or severally own two hundred feet.
   6. The Charter of this Company shall'not be altered except
upon the approval of a majority of those voting upon the ques-
tion of amendment at the time of a regular annual election for
Board of Managers.
   7. These amendments shall be without force or effect unless
a majority of those voting upon the question at the next annual
election for Manager shall-signify their approval of the same.
   Approved by lot holders, May 28, i896.

 
CAVE HILL INVESTMENT COMPANY.


         Baoard of Lirrrrs.


JOHN W. BARR,
A. G. MUNN,


J. H. M. MORRIS,
FRANK N. HARTWELL,


GEORGE W. MORRIS.


A. G. MUNN,
     Presideni.


J. H. M. MORRIS,
      Secrelary and Y'reasurer.

 
This page in the original text is blank.

 
                      CHARTER

                            OF


      Cave Hill Investment Company.


                      (Diaptrr 1u3.

   AN ACT TO INCORPORATE THE CAVE HILL INVESTMENT
                         COMPANY.
Be it cnac/cd by the General Assembly of tlhe Commonweal/h of
   kAentucky.
   SECTION ONE. That there is hereby incorporated the Cave
Hill Investment Company, who shall, when organized as herein-
after directed, have full authority to contract and be contracted
with, sue and be sued, and have such authority and power as a
natural person would have in executing and carrying out the
object of its incorporation.
   SECTION Two. There shall be five Directors of said Company,
who shall have the control and management of its affairs. These
Directors shall be lot owners in Cave Hill Cemetery. The Presi-
dent of Cave Hill Cemetery Company shall be one of said
Directors, and the other four Directors shall be elected by the
Board of Managers of Cave Hill Cemetery Company. The said
Managers shall, at one of its regular meetings in the year eighteen
hundred and eighty-two, elect four Directors. These Directors
shall be elected for the term of two, four, six and eight years
respectively, and the Board of Managers shall at the time of the
election designate the term and time for which each Director is
elected.  The said Board of Managers of Cave Hill Cemetery
Company shall, every second year thereafter, elect one Director
in this said Company. The term of the Directors elected after
the first election shall be eight years, and each Director shall con-
tinue in office until his successor is elected. If a vacancy shall
occur by death or otherwise during the term of any Director, the
vacancy shall be filled by the other Directors of this Company.

 
   SECTION THREE. The Directors of the Company shall elect
one of their number President of the Board, and shall elect a
Treasurer and a Secretary, who may be the same person and need
not be a Director. The Board of Directors shall prescribe the
duties of the officers of the Company, and shall require of the
Treasurer a bond with good security in the penalty of at least
twenty thousand dollars.
   SECTION FOUR. This Company is authorized to collect and
receive from Cave Hill Cemetery Company any and all sums
which may be coming from the Cave Hill Cemetery Company
and any other corporation or person. It is authorized to receive
(lonations, gifts, devises and bequests upon such terms as may be
consistent with the object of its incorporation.
   SECTION FIvE. It shall be the duty of the President and
Directors of this Company to invest and keep invested all the
money belonging to the Company in the bonds of the United
States, the bonds of the State of Kentucky. or the bonds of the
City of Louisville, but they may invest inl other good and safe
securities, if the President and all the Directors of said Com-
pany shall consent thereto in writing before said investment is
made, and if a majority of the Managers of the Cave Hill Ceme-
tery Company also consent in writing before said investment is
made. These consents shall be recorded in record book of each
Board respectively; and if any other investment is made except
as herein provided, the Directors making or consenting to the
same shall be personally liable for any loss arising from such
in vestment.
   SECTION Six. The money and property of this Company shall
be a sacred fund which shall be held and applied for the protec-
tion, preservation, and ornamentation of the grounds of Cave
Hill Cemetery. All of the income arising from the property of
the Company, after paying the necessary expenses of the Com-
pany, shall be invested and reinvested as provided in section five,
and no part of the principal or the income arising from the funds
and property of the Company shall be used for any purpose
whatever, except for necessary expenses of the Company, until
eight-tenths of the burial lots which are or may be laid off in the
ground now owned by Cave Hill Cemetery</pre>