60 CEMETERY ASSOCIATIONS. property of Cemetery Associations shall be exempt from all public taxes, rates and assessments, and shall not be liable to be sold on execution, nor applied in payment of debts due from individual proprietors. And for the security and protection of Cemetery grounds, and the trees, shrubs, monuments, and structures therein, it expressly enacted that, "Any person who shall willfully destroy, mutilate, deface, injure or remove any tomb, monument, grave stone, building, or other structure, placed in any Cemetery of any Association incorporated under this act; or any fence, railing, or other work for the protection or ornament thereof, or of any tomb, monument or grave stone, or other structures aforesaid; or of any plat or lot within such Cemetery; or shall willfully destroy, cut, break or injure any tree, shrub or plant within the limits of such Cemetery, shall be deemed guilty of a misdemeanor; and such offender shall also be liable in an action of trespass to be brought in all such cases in the name of such Association, to pay all such damages as shall have been occasioned by his unlawful act or acts. Such money, when recovered, shall be applied by the Trustees to the reparation or restoration of the property so destroyed or injured." * * Session Laws of 1847, Chap. 133, Sec. 8. Certificate of Incorporation. THIS Certifies that on the fifteenth day of May, one thousand eight hundred and fifty-one, the following named persons, all residents of the State of New York, met at the office of Thomas Y. How, Jr., in the city of Auburn, County of Cayuga, and State of New York, and formed an Association for the purpose of procuring and holding lands, to be used exclusively for a Cemetery or place for the burial of the dead, under an Act of the Legislature of the State of New York, entitled "An Act authorizing the incorporation of Rural Cemetery Associations," passed April 27, 1847, viz: William C. Beardsley, Michael S. Myers, Hugo B. Rathbun, John L. Watrous, Josiah N. Starin, George Underwood, Thomas Y. How, Jr., and George W. Hatch. Michael S. Myers was appointed Chairman, and Thomas Y. How, Jr., Secretary, by a vote of a majority of the persons present at the meeting. 62 CERTIFICATE OF INCORPORATION. The corporate name of the Association determined upon by a majority of the persons who met, was: "The Fort Hill Cemetery Association." The number of Trustees fixed to manage the concerns of the Association was twelve. The names of the Trustees chosen at the meeting, by ballot, were as follows: Enos T. Throop Martin, Thomas Y. How, Jr., James C. Derby, William C. Beardsley, Zebina M. Mason, Michael S. Myers, John H. Chedell, Nelson Beardsley, Benjamin F. Hall, John W. Haight, Cyrus C. Dennis, and Isaac S. Allen. The Chairman and Secretary immediately after such election, divided the said Trustees by lot as follows: First class, one year, Enos T. Throop Martin, James C. Derby, Nelson Beardsley, and Benjamin F. Hall. Second class, two years, Michael S. Myers, John H. Chedell, Isaac S. Allen, and Thomas Y. How, Jr. Third class, three years, Cyrus C. Dennis, William C. Beardsley, John W. Haight, and Zebina M. Mason. The day fixed on for the annual election of Trustees, was the second Monday of May in each year thereafter. In witness whereof, we have hereto set our hands, at Auburn, this 16th day of May, 1851. M. S. MYERS, Chairman. THOMAS Y. How, Jr., Sec'y. Beed and Covenant. "THIS Indenture, made the twenty-fifth day of August, in the year of our Lord one thousand eight hundred and fifty-one, between George W. Hatch, and Mary Ann his wife, of the city of New York, and Thomas Y. How, Junior, and Sarah his wife, of the city of Auburn, of the first part, and Nelson Beardsley, John H. Chedell, Cyrus C. Dennis, Enos T. T. Martin, Benjamin F. Hall, Zebina M. Mason, James C. Derby, Isaac S. Allen, Thomas Y. How, Jr., Michael S. Myers, William C. Beardsley, and John W. Haight, Trustees of Fort Hill Cemetery Association, a corporation formed at Auburn, aforesaid, under an Act of the Legislature of the State of New York, authorizing the incorporation of Rural Cemeteries, passed April 27, 1847, of the second part, witnesseth, that the said parties of the first part, for and in consideration of the sum of one dollar, to them in hand paid by the said parties of the second part, the receipt whereof is hereby acknowledged; and in further consideration of the covenants and agreements hereinafter particularly mentioned and set forth on the part and behalf of the parties of the second part, and their successors in office, to be done and performed, have granted, bargained and sold, remised, released, aliened and confirmed, and by these presents do grant, bargain and sell, remise, release, alien and confirm to the said parties of the second part, and to their successors in office forever, all that certain tract of land— [Here follows the description of the Cemetery grounds, which is omitted in this hand book]To have and to hold the said premises to the said party of the second part, and their successors in office forever, to their use, as a Cemetery or place for the burial of the dead, solely and exclusively, in the manner contemplated by the incorporation of the said Fort Hill Cemetery Association, under the Act of the Legislature of the State of New York aforesaid. "And the said George W. Hatch and Thomas Y. How, Jr., do for themselves and for their respective heirs, executors and administrators, separately and severally, and not jointly, nor one for the other, but the said Hatch as to that part of the premises hereby intended to be conveyed, known as ten acres thereof, particularly described in a Deed from Nathaniel Garrow and wife to said Hatch, dated the 18th day of March, |