^ SKETCH OF BOiNAVENTURE ^ Charter, Bv-laws, and Re,«[iilatioD8 ^v(x^xmx ^mtUn^ Company BONAVENTURE. SAVANNAH : O MORSISG SEWS STEAM-POWER PRESS. 1870. 0^ Digitized by the Internet Archive in 2014 https://archive.org/details/sketchofbonaventOOever SKETCH OF BONAVANTURE AND Charier, By-laws, aud Regulations OK THE f vevQVfen ^Jtmctevij (J^oiwpany OF BONAVENTURE. SAVANNAH : MOUNING NEWS STEAM-POWER PRESS. 1870. THE FLOWERS COLLECTION OFFICERS. PRESIDENT : W. H. WILTBERGER. vick-imJesident : JOHN STODDARD. managers: W. B. HODGSOX. JACOB WALDBURG. W. E. BOYD. JOHX L. HARDEE. GEO. W. AVYLLY. M. A. COHEN, Secretary and Treasurer. BONA VENTURE. The beautiful tract of land bearing this name, and now enclosing the " Evergreen Cemetery," was first settled in or about the year 1760, by Col. John Mulryne, who came to this country from England, and removed from Charleston, South Carolina, to Georgia. The high ground, an extended river view, etc., made it one of the choicest sites near the city of Savannah, and the first house, a large brick one, was erected at that time, facing the centre walk of the old garden. This garden extended in terraces from the plateau to the river, the terraces being supported by blocks of "Tabby," a concrete of shell and lime, that yet remain in tolerable preser- vation. This house was destroyed by fire iu the latter part of the last century, during a dinner entertainment. The roof taking fire first, all hope of saving the building was soon dismissed, but, at the suggestion of its owner, the dinner was removed to the trees and there finished. 6 lu ITGL this property came, by the marriage of Josiah Tattnall, of Charleston, South Carolina, with Mary, the daughter of Col. John Mulryne, into the possession of the Tattnall family, Governoi Tattnall, of Georgia, being born there in 1 7Gr>. This marriage is of peculiar interest in the history of Bonaventure, since from it date the avenues of magnificent trees which form the pride acd chief feature of interest of the place. They were planted about that time, and a tradition has it, in the forms of the letters M and T, the initials of the families of Mulryne and Tattnall. The majority of these trees were of the Live Oak species, others being mingled with them. These latter the hand of time and the gales of the Atlantic have long ago laid low, whilst the sturdy Live Oaks, with their hoary beards of moss, still defy the wintry blasts, and their rustling leaves whisper a ceaseless lulaby over the quiet and peaceful sleepers at their feet. A second, and frame house, built by Governor Tattnall, was also destroyed by fire. This second house stood in the open space in rear of the site occupied by the fii st brick house, and its location is marked by a large Cedar tree, nourished by the ashes of the burnt hearth. The front of this house was formerly marked by two veiy old and large Palmetto trees. In the year 1 8-1-7 this property passed, by pur- chase, into the hands of Captain P. Wiltberger, 7 Miio bad long associated the quiet and peace of tlie place, its patriarch trees, and their deep, solemn shade, its calm and seclusion, as a fit receptacle for the departed of this earth, as a resting place for the weary pilgrims of life. With him originated the idea of devoting Bonaventure to its present and final use, and his remains sleep under the foliage of its trees. Circumstances prevented for a time the execu- tion of this wish, but it was taken up by his sou, Major W. II. Wiltberger, and the formation of the present Evergreen Cemetery Company^ in 1809, was the result of his efforts. In this connection it may .be interesting to notice that the first adult buried at Bonaventure w^as the wife of Governor Tattnall, who died there in 1 803, being soon followed to the grave by her honored husband. Previous to that time several of the children of the family had been buried there. Amongst the historical incidents of the place is the rescue of Governor Wright, by Col. Mulryne, during the revolutionary war. Col. Mulryne, a staunch W^hig, disapproved of the Declaration of Independence, and when the Patriots confined Governor W^right in Savannah, Col. Mulryne hast- ened to his rescue, and conveyed him to Bonaven- ture until the Governor could be placed on board of an English man-of-war lying in the river. Col. Mulryne left the country with the Governor, and died at Nassau, New Providence. 8 It is also historic that the French, after their unsuccessful attack on Savannah, fell back to Bonaventure, and thence reembarked many of their wounded, burying a number of their dead on the place. These few brief sketches of Bona venture's past will be of interest to the many visitors of that place, and were kindly placed at the disposition of the Evergreen Cemetery Company by Commodore Josiah Tattnall and Major W. H. Wiltberger. Its future, as a Cemetery, will endear the old place to many a heart, and as such it will remain until the treasures we now in sorrow confide to its guardian trees and solemn quiet shall rise to a brighter life, when time and earth shall have passed away. AN ACT TO IXCOUl'OKATK THE EVERGREEN CEMETERV CO. OP BONAVENTIIRE. Whereas, Peter Wiltberger, a citizen of Savan- nah, in the county of Chatham, and State of Geor- gia, is seized in fee of a tract of land in the said county, tln-ee miles distant from the city of Savan- nah, known as Bonaventure, a certain portion of which, seventy acres in extent, he has caused to be surveyed and designated by marks and bounda- ries, and enclosed by substantial fencing, and oth- erwise improved and ornamented ; and has so set apart, designated, and enclosed the same, for the purpose of establishing a decent and suitable place for the burial of the dead : and in order to secure, at all future times, the reverent application of the same to that solemn purpose alone, is desirous that he, with certain others hereinafter designated and described, shall be associated by an act of incorpo- ration, for the purpose aforesaid. And, whereas, it is necessary and becoming that such provision should be made by law as shall ensure continued 10 protection from sacrilegious distiubauce to the remains of friends and relatives who may be there committed to the earth. Section 1. Be it therefore enacted hy the Senate and Home of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That Peter Wiltberger, Josiah Tattnail, John Stoddard, Richard D. Ar- nold, AVilliam Duncan, Robert Habersham, Joseph S. Fay, AVilliam H. Mongin, William B. Hodgson^ P. 31. Kolloek, Charles Green, C. P. Richardsone, Anthony Porter, Jacob Waldburg, Henry Roser, Alexander A. Smets, and all others who may be- come owners or proprietors of the lots and subdi- visions made in the said tract of seventy acres, described in the preamble to this Act, be and they are hereby created and constituted a corporation, under the name and style of " The Evergreen Cemetery Company of BoNAVENTmiE," and by that name shall have perpetual succession of offi- cers and members, and be capable in law and cfiuit}', in all courts of record and elsewhere, to sue and be sued, plead and be impleaded, answer and to be answered unto, defend and 1)0 defended ; and may have and use a common seal, with power to break, alter, or make anew the same at pleasure ; and may make, ordain, and establish all such by- laws, rules, ordinances, and regulations, not repug- nant to the Constitutions and laws of the United 11 States and State of Georgia, as may be expedient to cany into efFtct the objects of this Act; and shall be clothed with all powers incident to such a corporation. Section 2. And be it furt/ter enacted by the au- thority aforesaid^ That from and after the passing of this Act, the said Evergreen Cemeteiy Company shall be able and capable in law to receive at any time hereafter, from the said Peter Wiltberger, a grant 'and feoffment of the said tract of land, seventy acres in extent, described in the preamble to this Act. and to hold the same in fee simple upon the trusts and uses contemplated and indi- cated by this Act, namely, for the purposes of a Public Cemetery, and for no other uses or purposes whatsoever ; and also, to grant, bargain, sell, and dispose of for the same uses the lots or subdivis- ions which may be made in the same ; and also to have and to hold so much personal estate as may be necessary lor the purposes of this incorporation. Section 3. And be it farther enacted by the au- thority aforesaid, That the seven (7) persons first named in the first section of this Act be and they are hereby appointed managers of the said Ever- green Cemetery Company, and shall continue in office until their successors shall be elected ; and that they and their successors shall have exclusive superintendence of the said Cemetery, and the property and appurtenances belonging to the same ; 12 nud shall luive power to lay out and ornament the grounds, to erect suitable buildings, to arrange and dispose of burial lots, and to make all necessary by-laws, rules, and regulatious relative to the elec- tion and duties of managers and their successors, the appointment of suitable officers and agents, and their several duties and compensations, the employ- ment of workmen, the government of lot-holders and visitors to the Cemetery, and all such other matters as may be necessaiy and proper in the piemises. Section 4. Knd be it further enacted by the au- thority aforesaid, That from and after the passing of this Act the said Corporation hereby created, and the tract of seventy acres above described, and all the improvements now made or hereafter to be made upon the same for the puiposes aforesaid, by the said Corporation, shall be free fiom all State and County taxes and assessments, so long as the said tract of land sh^ll remain dedicated to the uses of a Cemetery: and that the real and personal estate of the said Corporation, and the said burial lots, when conveyed to individual proprietors for the purposes aforesaid, shall not be subject to the lien of any judgment, or liable to be levied on or sold under any execution, or to be applied to the payment of any debts by assignment under any bankrupt or insolvent law. S»CTI0N And be it farther enacted by t/ie an- thovily aforesaid, That an/ person who shall wil- fully or wanlonly destroy, mutilate, deface, 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 the same, or of any burial-lot within the limits aforesaid, or shall wilfully or wantonly destroy, remove, cut, break, or injure any tree, shrub, or plant within the limits aforesaid, or shall shoot or discharge any gun or other tirearms within the limits aforesaid, shall be guiUy of a misde- meanor and liable to indictment therefor : and upon'conviction shall be punished by a line, not less than five dollars or more than one hundred dollars, or by imprisonment in the common jail of Chatham county, or both, at the discretion of the court, according to the nature and aggravation of the offence, and such offender shall also be liable in an action of trespass, to be brought against him in au3^ court of competent juriscliction, in the name of the Evergreen Cemetery Company of Bonaven- ture, to pay all such damages as shall have been occasioned by his unlawful act or acts ; which money when recovered shall be applied by the said Corporation, under the direction of the man- agers aforesaid, to the reparation and restoration of the property destroj^ed or injured as above ; and iu all such suits members of the said Corporation shall be competent witnesses. u Section G. And be it further enacted hrj the au- thority aforesaid, That HO street or road shall be hereafter opened through the lands of the said Corporation, except by their consent CHARLES J. JENKINS, Speaker of t/ie Houae of Representatives. ANDREW J. MILLER, President of the Senate. Approved 27th December, 1847. GEO. W. TOWNS, Governor. Secretaky of State's Office, Georgia, \ Milledffeville, 15th January, 1848. ) I certify the foregoing is a true and correct copy of the original filed at this office. Given under my hand and seal of office, N. C. BARNETT, [l. S.] Secretary of State. BY-LAWS, RULES, AND REGULATIONS OF THE EVERGREEN CEMETERY fO. OP BONAVENTl'RE. The Annual Meeting shall be held on the first Tuesday in June. Seven Managers shall be elected at each Annual Meeting, at the end of the term of the present Board, who were elected for three years. Each share of stock is entitled to one vote. Each proprietor of a lot shall also vote. The Board of Managers shall remain in ofiice until their successors shall be elected, and may fill such vacancies as occur during their term of office. Proprietors of lots, heretofore sold by this Com- pany, shall be placed upon the same footing and have the same privileges as future purchasers. The price of lots, for the first year, is fixed at 1 14 cents the square foot, and not less than ten per cent, of all monies received for lots shall be invested in good securities, the income to be used in keep- ing the Cemetery perpetually in order and in em- 16 boUishing it. For #5 paid aunually for a lot of 800 square feet, or less, or tor $10 paid aniuially for a lot of larger dimensions, this Company binds itself to care for the lot and monuments of the proprietor thereof; or for ($^^0) fifty dollars paid at one time ibr a lot of 300 feet, or less, and ($100) one hun- dred dollars for a larger size, the Company shall bind itself to take good care of such lot to perpe- tuity. The Company will engage to paint and keep in perpetual repair the railings and monuments belonging to owners of lots on payment of — per cent, on the cost of the same. Contracts for expenditures shall not be made beyond the assets in hand, without authority of a majority of the Board. Proprietors shall not allow interments to be made in their lots for a remuneration; nor shall any transfer or assignment of any lot, or of any interest therein, be valid without the consent in writing first had, and endorsed upon such transfer and assignment, and entered on the books, of the Comi)any. No disinterment shall be allowed without per- mission being first obtained at the office of the Association. No officer, except the Superintendent, Secretary, or Treasurer, shall be entitled to any compensation for services rendered the Association as such offi- cers, except for special services rendered by any member of the Managers. 17 Four Managers shall constitute a quorum for the transaction of business. At every meeting the proceeding shall be as follows : 1. Reading of the Minutes. 2. Report of OtBcers. 3. Report of Committees. 4. Motions, Resolutions, and Notices. 5. Untinished and Miscellaneous Business. CONDITIONS CONTAINED IN Al,l, DEEDS OE LOTS m THE CEMETERY. First.— That the said lot of land shall uot be used for any other purpose than as a place of burial for the dead ; and no trees within the lot shall be cut down, trimmed, or destroyed, without the con- sent of the Managers of said Corporation. Second — That the proprietor of the said lot shall have the right to erect stones, monuments, or sepulchral structures, and to cultivate trees, plants, and shrubs in the same. Third. — That if any trees or shrubs situated in said lot of laud shall, by means of their roots, branches, or otherwise, become detrimental to the adjacent lots or avenues, or dangerous or inconve- nient to passengers, it shall be the duty of said Managers, for the time being, and they shall have the right to enter into the said lot and remove the said trees and shrubs, or such parts thereof as are thus detrimental, dangerous, or inconvenient. FouETH. — That if any monument or eflSgy, or 20 any structure whatsoever, or any inscription be placed in or upon the said land, which shall be determined by the major part of 3Ianagers for the time being to be otfcnsive or improper, the said Managers, or the major part of them, shall have the right, and it shall be their duty, to enter upon such land and remove the said offensive or im- proper object or objects. Fifth. — No fence shall, from time to time, or at any time, be placed or erected in or around the said lot the material and design of which shall not first have been approved by the Managers, or a committee of them. Sixth. — The Managers may at any time enter upon said lot to keep the same neat, and clear off the grass and weeds therefrom, and appropriate the said grass and weeds to their own use. Seventh.— The said lot of land shall be holden subject to the provisions contained in the By-Laws of the proprietors of said Cemetery, heretofore established, or which may be hereafter established by them. REGULATIONS IX REGAIU) TO INTERMENTS and FUNERALS. Whenever burial is to be made, a permit must first be obtained, and paid for, from tlie Secretary. The person applying for the permit must be able to give the following particulars : Name of de- ceased ; place of nativity : late residence : date of birth, or age ; date of decease : date of interment ; disease; name of parents (or kindred); in whose lot interred : location of grave : name of underta- ker : outside size of coflfin, or box ; also, place of death : whether single, married, or widowed : occu- pation. The same information will be required and also a ])ermit from the Secretary, when remains are to be interred which have been removed from other burial grounds; and when a body is to be re- moved from one part of the Cemetery to another part, a permit therefor must be obtained from the Secretary. 22 Any lot-holder allowing a friend to bury in his lot must make application in person or by a writ- ten order. Owing to the great number of interments in times of an epidemic, or unusual -mortality, parties are advised to apply at the Secretary's office before set- ting the time of funeral, to ascertain what hour the Sexton can attend the same, so as to prevent unnec- essary delay and confusion at the grounds. Appli- cations to be considered each in their turn. All interments will be subject to the following charges and must be paid to the Secrerary on obtain- ing the permit ; but no interment will be allowed in any lot until the lot has been puid for. For opening and closing a grave under 4 feet in length .^3 00 For opening and closing a grave 5 feet and upward n 00 For opening and closing a family vault, the charges will be according to the time estimated or required — from BRICK GRAVES. Under 8 feet in length (inside) . 3 feet and under 4 feet (inside) 4 feet and under ") feet (inside) 5 feet and under 6 feet (inside) (5 feet and under 7 feet (inside) $10 00 12 r,o ].-, 00 17 r>o 20 00 23 PUBLIC VAULT. The remains of any person who died of a con- tagions disease will not be admitted in the public vault, nor can funerals take place therefrom on Sun- days without a special order from the President. Whenever a body is to be deposited in the public vault a permit must first be obtained from the Sec- retary's office and the following charges paid: For receiving and discharging each body For vault rent of remains of persons 15 years of age and over, per month 3 For children under 15 years of age 2 In all cases a sufficient amount must be depos- ited with the Secretary to cover expenses of inter- ment and vault rent for the time stipulated, after which the remains will be subject to interment by the Company ; but when a deposit is made for a single grave, and a lot is purchased in the mean- time, the difference in charges will be adjusted at the time the body is ordered from the vault. Bodies removed from the vault for interment in other Cemeteries will be charged double the amount of the regular prices. Owners of single graves purchasing family burial lots will have the removal of bodies made from such graves without extra charge. Whenever the remains of any person are taken to the Cemetery without a permit from the Secre- 24 tary, the Sexton is instructed not to receive or allow them to remain on the grounds unless proper statistics are furnished and double the amount of usual charges for vault and burial be deposited with him, to be afterward adjusted with the party by the Secretary, and if not adjusted within ten days there- after, the Secretary may order the interment made for the amount deposited. When a single grave is wanted, the following prices are charged, which covers the entire expense for the ground and the opening and closing of the grave : For a grave under 4 feet in length $S For a grave 4 feet and under 5 feet in length... . 10 For a grave 5 feet and upward 12 For the accommodation of all persons who wish to make interment, a messenger will be sent out to the Cemetery daily, when required, Sundays and Holidays excepted, at 10 o'clock, A. M. and 3, P. M. from April 1 to October 1, and at 1^ o'clock, P. M. from October 1 to April 1. At all other times, parties applying must furnish their own messengers. 12226