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YALE UNIVERSITY LIBRARY

3 9002 07135 6027 ^.-,

EXPOSITION

PLAN AND OBJECTS

GREEN-WOOD CEMETERY,

AIV IIVCORPORATED TRVST

CHARTERED BY THE LEGISLATURE

STATE OF NEW YORK.

NEW YORK;
PRINTED BY NARINE & CO.
No. 11 Wall street, corner of BroETtl.

1839.

4

"YiaL]l«¥]MH¥IEIESflT¥-

EXPOSITION

OF THB

PLAN AND OBJECT

OP THE

GREEN-WOOD CEMETERY,
AlV UVCOltPORATES TRrrsx,
CHARTERED BY THE LEGISLATURE

STATE OF NEW YORK.

NEW YORKs
tillNTED BY NARIISE & CO.,
VTo. II Watl Btreet, corneir of BVoaJ.
1839.

C:zfr3~j^

g.w^c;

EXPOSITION, &c.

The Trustees of the Green-wood Cemetery, com
missioned by the Legislature of the State to manage the con
cerns of an important public institution, and naturally desi
rous that the character of that institution, and the plans con
templated by them, for its developeraent, should be correctly
understood by the community in whose behalf they consider
themselves as acting, respectfully ask attention to the follow
ing explanatory statements.
" The Green-wood Cemetery" is the style and title
of a body corporate, chartered originally by an act of the
Legislature, bearing date the 18th of Apiil, 1838, but which
was essentially modified by a subsequent act, passed on the
Ilth of April, 1839.
Under the first mentioned of these charters, the associa
tion took the form and character of a joint-stock company,
for it was not supposed, at that time, that sufScient funds to
carry out the views and purposes of its projectors, could be
raised in any other way, and the company was accordingly
organized upon this principle, and commenced its preparatory
operations In the latter part of the year 1838. Appendix A
and B.
After locating the site of the Cemetery however, and while
engaged in negotiating the purchase of the lands, it was dis
covered that the immediate demand for Cash capital could be
reduced to a very small araount, (compared with that which
had been previously apprehended j) by giving bonds, pledging
the proceeds of the undertaking, to a certain amount, in lieu
of Cash, in payment for the landj and it was therefore agreed,

uanimously, to petition the legislature for such a modifica-
cation of the charter, as would place the institution at once
on the footing of an incorporated Public Trust.
This was accordingly done at the next following session
of the Legislature, and the required alteration, with some ad
ditional powers for the preservation and police of the grounds,
was enacted as an amendment to lhe charter, by the law
passed on the Ilth of April, 1839. Appendix G and H.
The Green-wood Cemetery, therefore, as it now exists, is,
in the fullest sense, as above expressed, a Public Institution,
unconnected with any purposes of profit or gain to any indi
vidual whatever. Its powers as a corporation, are "to hold a
tract of two hundred acres of iand" — [which has been purchas
ed upon an equitable appraisal] — and "to sell or otherwise
dispose of said land, to be used, exclusively as a Cemetery,
or place for the burial of the dead."* But "after applying"(a{
least) "one half the proceeds ofall sales to lhe payment of the
purchase money of tbe land'' [till that is paid for,] "the
residue" is to be " applied, exclusively, to preserving, im
proving, and embellishing said land, as a Cemetery, or Bury-«
ing ground, and the incidental expenses of the Cemetery es
tablishment ;" ahd whenever the whole purchase nioney
shall have been paid off, then " the proceeds 0/ all future
sales, shall be applied to the preservation, improvement, and
embellisli'ment cf the said Cemetery, andthe incidental ex
penses thereof, and to no other purpose whatever. "¦[•
The Corporators of the concern are the purchasers of Cem..
etery lots, and their successors in ovi'nership, exclusively and
forever. No person, however he may have been interested
in tho premises previously, can acquire any interest in the
corporation on that account. Tbe language of the law is>
" al! persons who are, or hereafter shall become proprietors
" ,^c;' 34 aectiaii of the orijinal act, t .Section 4tl! of the nmcndmept.

of lots or parcels of ground, conveyed to them by the said cor
poration, shall become members of the said body corporate ;"
and when the lot so conveyed, is not less in area, than three hun
dred square feet, the holder is entitled to vote in the election of
Trustees. The estate, property and affairs of the corporation are man
aged by a board of Trustees, fifteen in number, to be chosen
frora the Lot-holders. These are divided into three equal
classes, one of which, in rotation, is to be elected every two
years, making the entire term of office of the Trustees six
years, with the privilege of re-election indefinitely. The
first election, under this system is to take place in Dec,
1840 ; and in the mean time, the Trustees under the charter
are as follows, viz :
David B. Douglass, Peter Schehmerhobn,
JOiMATllAN GOODIIOE, ChaRLES Ki.NG,
Thomas L. Ogden, Russell Stebbins,
Robert Ray, Henry E. Pierrepont,
Jacob R. Le Roy, Joseph A. Perry,
Zebedee Cook, Jr.,* Pliny Freeman,
Stephen Whitney, A. G. Hammond,
Geo. S. Howland. _V
All necessary powers are given to the Trustees, for the
maintenance ofa proper police, and for the care and preser
vation of the grounds in every respect ; to injure the enclo
sure or railings in any way, to del'are or mutilate the monu
ments or tombs, or to cut or injure the trees and shrubbery
on the grounds is a misdemeanor, punishable with fine, besides
the appropriate remedies at law in cases of trespass, and for
recovery of damages.
By the 6th section of the charter as amended, the corpo
ration are also empowered to " lake and hold any donation or
bequest of property upon trust, to apply the same, or the in^
* Klected in place of D. Embiin-, Esrj., resig-ned,

6
come thereof, unde,r the direction of the board of Trustees,
for the improvement or embellishment of the said Cemetery,
or for the erection, repair, preservation, or removal of any
tomb, monument, or grave stone, fence, railing,' or other
erection, or for planting or cultivating trees, shrubs, flowers,
or plants, in, or around any Cemetery lot, or for improving
the said preraises in any other raanner or form, consistent
with the design and purpose of this act, according to the
terms of such grant., donaiion or bequest."
Finally, all lands within the Cemetery precinct, whether
held by the corporation at large, or conveyed in Cemetery
lots to individuals, are " exempt from assessment," and
*' from all public taxes," — "not liable to be sold on execu
tion,'' nor " applied to the payment of debts by assignment
under any insolvent law " They may be aliehated by the
voluntary act of the owner, but in no other way.
Such are the principal permanent provisions of the two
acts of incorporation. A few words in addition will show
more fully the views with vAhich the undertaking has been
thus far matured, as well as the plans contemplated for its
further developement.
Of course, it is not assumed that the idea of a picturesque
rural Cemetery in the vicinity of New York, is new. It
is known that even before the establishment at Mount
Auburn, the design of an institution somewhat similar had
been suggested in more than one instance by public spirited
individuals in this city, and something of the kind would
doubtless have been carried into effect long before this, but
for the difficulty of finding a suitable location, available,
vv'ithin a reasonable distance, on the Island of Manhattan.
In the years 1833 and 34, the writer being then alternately
engaged in locating the Brooklyn and Jamaica Rail Road, and
in making the preliminary surveys for the Croton Water
Works, it became his duty, professionally, to exaraine the

physical character and topography of the grounds around the
city, on both Islands. These surveys, although they had no
reference originally to the object now conteraplated, were in
cidentally applied to it, in a public lecture delivered about
the sanje tirae, in which the subject was embraced ; and the
opinion was then expressed, that whenever it should be act
ed upon, with a proper estimate of its magnitude and impor
tance, the hills back of Brooklyn would furnish, not only the
best locality in this vicinity, but probably one of the finest in
the world.
No particular action was had, or expected in conse
quence of this suggestion, at the tirae ; but early in 1836
the attention of the commissioners for laying out the city of
Brooklyn, was favourably drawn to the subject, and in the
following year a number of philanthropic individuals of both
cities — entertaining similar views, began to unite their efforts
in its behalf, and it was on the wave of this movement, that
the first act of incorporation was applied for and obtained.
The particular location of the Cemetery precinct was the
result of a minute professional reconnaissance instituted
soon after the passage of the first law. It embraced the en
tire range of hills from near Bedford, to near Yellow Hook —
a distance of about four miles— was conducted with great
quietness, without reference to any local or ex-parte interests,
and had no object (the writer raay affirm with confidence) but
to ascertain the best possible location for the purpose, within
these limits.*
The site of the Cemetery as now located, was the first
chosen in conformity with this principle, and' the better to
* Judge Hammoncl, one of the commissioners for laying out the city, and Mr.
Henry E. Pierrepont of Brooklyn were the only persons associated with, or con-
¦ulted by the writer while prosecuting these inquiries. These gentlemen were
commissioners under the law, and among the most active and disinterested, in
promoting its object, and to the latter particularly, the writer and the public are
much indebted for his zealous and effective co-operation in the subsequent nego
tiations with the land proprietors.

8
secure the independence of the enterprise in relation to the
interests alluded to, two other situations were chosen, as
alternative, in case any obstacles should arise in the progress
of the land negotiation. This expedient, generally important
in the location of all public works, was the more so here as
the prices of land had become unsettled since 1836, and if
left to the option of the proprietors, — without alternalive,—^
might have been graduated by the standard of that period, at
twelve or thirteen bundled dollars per acre.
These preliminaries being settled, negotiations were com
menced with tbe owners of land, — beginning with those on
the site first mentioned — of whom about thirty were assem
bled in a public meeting at Brooklyn, for that purpose. To
these, the nature and objects of the undertaking were ex
plained at large, and after a free discussion of the subject in
its various relations, two specific propositions were submitted
for their adoption: first, that they should consent to sell, at
a fair price, such portions of their respective premises as might
fall within the Cemetery precinct ; — 'and secondly, that they
should concur in some equitable and impartial mode of de
termining what ihat price should be.
To the first of these propositions, a majority of those pre
sent, after some little hesitation, gave their assent, and even
tually, the greater part also agreed to refer the question of
price to the decision of a disinterested board of appraisers.
Four persons wholly unconnected with property in that part
of the cily, where chosen to act under this arrangement*, and
here tbe business of the meeting ended.
The appraisers imraediately entered upon the discharge of
their duties, and spent some weeks in investigating the evi
dences of value : a graduated schedule ofall the property likely

* Cyrus P. Smith, (the present mayor of Brooklyn,) Major D. B. Douglass,
Judge Hammond, (one of the commissioners for laying ont the city) and Henry
E. PieiTepont, Esq. '

to be embraced, was then reported by them, and the average of
the whole, according to the boundaries noio defined, was seven
hundred and six dollars per acre. It is true the agreements were
not closed with the individual proprietors upon this estimate,
nor without further and (in some instances,) very protract
ed negotiations ; but the result of the whole was, that the aver
age, at the time of concluding the negotiations, had been re
duced, from the amount just named, to six hundred and
sixty-eight dollars per acre — being thirty-eight dollars lest
than the appraisal. It should be remarked further, that this
price at the time it was agreed to, was considered a cash
valuation, and was to be received as such in payment for
slock ; after the change in the charter, however, by which
the stock was extinguished, and with a view to raeet the
liberal footing upon which the institution was then placed^
in a spirit equally liberal, a large proportion of the owners con
sented to take the bonds of the corporation, conditioned for
payment, out of the half-proceeds of sales, (under the pro
visions of the new charter,) without any additional conside
ration on that account, and have actually completed their
conveyances upon this principle.
Generally the bonds given, except for small amounts, are
without any limitation of time, and in either case without lien
upon the property itself ; in a few instances only it was found
impossible to purchase certain parcels, except under the in
cumbrance of existing mortgages ; the amount of these
mortgages, however, is not so great as to give any embar
rassment to the enterprise : responsible parties are held
under ample security to remove most of tbem within a short
period, and the Cemetery corporation guarantee their rer
moval, at all events, before Cemetery lots are conveyed on
thfe premises alluded td
By the 3d section of the original charter, it is provided
ihat the purchase shallbe made " with the consent of th©
3

10
comraon council of Brooklyn, first had and obtained ;" and
it is proper to state for the information of the public, that
the condition of this proviso has been fully complied with.
As soon as the locality of the purchase was definitively agreed
upon, a raemorial was addressed to the common council on
this subject, and by them acted upon affirmatively, without
delay and without dissent. Appendix C and D.
In the .same spirit, on a subsequent occasion their concur
rence was also given to an application to the Legislature, to
exempt the property of the Cemetery from taxes : these and
other like evidences, of a kind, fostering, and liberal spirit on
the part of lhe municipal authorities of Brooklyn, it is plea
sing to the Trustees to be able to record. Ajipendix E.
By the 4th section of the same charter, it is also required
that the location and boundaries of the tract should be re
ferred to the commissioners for l;iying out the city, under a
certain act passed on the 23d of April 1835 ; to be incorpo
rated by them, in the official city plan, and the streets and
avenues terminated on the outer jDargin thereof; all which
has been done accordingly, and the report of the corarais
sioners on the subject ratified and confirmed by a subsequent
act of the State Legislature, passed on the IStli of Febru
ary last. Appendix F.
The legal appropriation of the ground to the object and
purposes for which it is designed, is now therefore com
plete, under all the sanctions which Legislative and Munici
pal enactment can give ; and the Green-wood Cemetery is
henceforth, exclusively, and we trust inviolably set apart as a
place of sepulture, sacred forever to the repose and memory
of the dead.
The domain of the Cemetery, as at present defined,
embraces an area of- two hundred acres, situated on the
undulating high ground, back of Gowannus church, ac the
distance of two and a half miles from the South Ferry ;

11 ¦
and about as far, in a right line from the southern extremity
of the Battery, as from the latter to the square of Union
Place. The surface of the ground is beautifully diversified with hill
and valley — descending in some places to less than twenty feet
above tide-water, and in others, rising to more than two
hundred. One position in particular — called by way of pre
eminence, J\Iounl Washington, — is two hundred and six
teen feet high, being the raost elevated ground in Kings'
county, and one of the highest points on Long Island.
With such variety of surface, the ground possesses, as
may be supposed, a high degree of adaptation, as a place
of sepulture either in tombs or in graves, and a variety and
beauty of picturesque scenery withal, seldora to be met with
in so small a compass. The views frora Mount Washing
ton, for example, and from other eminences of nearly equal
height, embrace the entire bay and harbour of New York
with its islands and forts — the cities of New York and
Brooklyn, the shores of the North and East rivers. New
Jersey, Staten Island, the Quarantine, an unnumbered mul
titude of towns and villages sprinkled over the wide expanse
in every direction ; and lastly, the margin of the broad
Atlantic, from Sandy Hook to a long distance beyond the
Rockaway Pavilion ; nor is the picturesque interest of the
interior ground in any degree less impressive, than the
beauty of the external scenery.
A considerable portion of tbe ground is now covered with
a fine old forest of native growtli — the verdure and shade
of which originally suggested the name of The Green
wood :* this will of course be preserved and cultivated
* Among the various other names suggested, that of the "Necropolis" — {cily of
tli.e dead) — has been recommended so strongly in a variety of friendly quarters, as to
demand, in common courtesy, a statement of the reasons for not adopting it. The
visible associations of the Green-wood Cemetery are intended to be exactly what its

with tare, and in due time those parts which have beep
cleared off for purposes of agriculture, will also be covered
with appropriate plantations of shrubbery and trees, till the
whole shall have acquired a character of sylvan still life in
harmony with the quietness and repose of the grave.
The distance from the South Ferry to tbe gate of tbe
Cemetery has been stated to be 2^ railes ; sbould a boat be
run, however, (as at no distant period, doubtless, tbere will
be) from White Hall to the foot of Hamilton avenue, the
distance from the ferry, in tbat case, will be less than two
miles ; or a ferry of 3^- miles may be run directly from the city,
to within a few hundred yards of the Cemetery, and tbis con-!
veyance, probably in a few years, as funerals multiply, will
be found the most convenient and least expensive of any".
It should be remarked that a large portion of tbe ground is
in plain sight from the city, and that, consequently, telegra
phic communications may be interchanged at al! times, with
perfect convenience and without delay.
Under all circurastances, the Trustees are not aware of any
grounds, of sufficient extent, and in other respects suitable
for this purpose, which could bo reached from the city
with equal convenience and in so little tirne. Probably at
no season of the year, would a funeral be i.mpeded in its
movement to this Cemetery under any circumstances which

name implies, — verdvre, shade, ruralness, natural beauty; every thim^, io
jjhort, in contrast with the glare, set form, fi-xed rule and fasUon of the
city : but the name of the Necropolis, — classic as it is — is associated chiefly with
idesB of the latter sort ; it savours of art and classic refinement, rather than of
feeling, and herein is our objection.— A Neero-potis should be an architectural
estabhshment, not a shady forest. Besides, a Necropolis is a mere depository
fpr dead bodies— outs is a Cemeter)/ (l^oiy.ii'nuKv) a place of repose ;  and we
cannot doubt that when its appropriate character is fully developed, the sentit
ment of the comnmnity will concur with us in preferring the descriptive, though
less- pretending name of the 9rzen-wooJ!.

13
would not equally interrupt its passage from the central part of
the city to the distance of the House of Refuge. In either case
it would be necessary, in bad or inclement weather, lo dismiss
the funeral procession at the church, or the ferry, and con
vey the body to its final resting place, attended only by the
immediate relatives and friends ; or as the practice now is in
Boston and Philadelphia, to have small Receiving Vaults, con
nected with some of the churches, in which coffins may be de
posited under proper regulations for a limited tirae. These
are free from any objection on the score of health, as there
is little occasion to use them except in winter, and no diffi
culty is experienced, therefore, in keeping them always pure
and wholesome. Finally, as the distance of Mount Auburn
and Laurel Hill from their respective cities* is much greater
than that of tbe Green-ivood from New York, and as the dis^
tance is not felt in those cases, to be any inconvenience — it
is not probable that it will ever be so regarded here.
The design for the interior arrangement of the Cemetery
precinct is to intersect every part of it with convenient wind^
ing avenues and walks, and in connection with them, to lay
out Cemetery lots of the proper size for family burying jila-.
ces. These as in Mount Auburn will contain about three hun
dred square feet — say twelve feet wide by twenty-five feet
long — within the enclosure — rwhich is sufficient for the erec->
tion of a family vault, or for the burial of at least three gener
ations of an ordinary sized family, in graves. Generally, the
lots will be grouped so as to admit of four lots being taken
together, with some advantage to the purchaser, whenever
that is preferred. And regarding the expansion of families
by the formation of new branches, in a long course of years,
requiring, of course, a corresponding increase of Cemetery aCT
Commodation — it is believed, that in a great majority of in-
* Mount Auburn is about four miles from Boston, and Laurel Hill about the
^ame distance froni Philadelphia,

14
stances, tbis will be deemed the true policy. To each siiigle lot
will be allowed a margin of one foot all around, for the erection
of its enclosure, by which two feet will be added to each di
mension of a quadruple lot, when four are taken together ;
making those dimensions twenty-six feet in width, by fifty-
two feet in length, in the clear.
It will be seen diat this plan of laying out and distributing the
ground into family burying lots, is without regard, so far as the
Cemetery corporation is concerned, to the interior relations
of congregations and churches. It is presumed that in most
cases, the pew-holders and parishioners of churches would
prefer a general right of selection over the whole ground, to
a raore limited arrangement by parishes ; but if in any instance
the latter should be preferred, a right of pre-emption may be
equitably secured within certain limits, without varying the gen
eral systera. In this way, tho members of a particular church
or parish, while as lot holders they would stand in the same
relation to the Cemelery corporation as others, might be lo
cally grouped together in the choice of their lots, and make
arrangements in common, for the embellishment of their par
ticular precinct, v/ithout separating it by any party enclo
sure from the rest of the grounds, or holding it exempt in
any respect, from the general regulations of the place.
For the internal arrangement of the grounds according to
these views, and making the necessary improvements thereon,
of course, no funds are available from the institution itself, in
its present form, till the sale of lots is commenced ; through
the kind favor of some of the friends of the institution
however, relying upon its ultimate success, a small amount
has been advanced for these purposes in anticipation of the
sales ; and by tbis raeans, the grounds have been partially
opened for the inspection of the public.
The professional work of surveying and laying out, was
coramenced during the last winter, — that of actual construe-

15
tion only as early as the latter part of May — since when, a
small corps of laborers and gardeners have been engaged,
under proper directions, in opening roads and avenues through
the premises, clearhig off the grounds, and trimming the shrub
bery and woods. Already, about four miles of avenue have
be n completed in a general circuit round the grounds, and
visiters begin to be attracted from the city in considerable
numbers daily
It Is the desire of the Trustees to encourage these visits ;
at a future time, when the ground is in actual use for inter
ment, it may be necessary to regulate ihem with regard lo
those who are not owners of lots, but in the mean time, the
premises are open (except to sportsmen) without reservation,
and the public are respectfully invited lo visit and view theni
at their pleasure. The Institution Is fairly before the commu
nity, to be judged of in all respects according to its merits,
and the fullest information on all subjects connected with It,
will be frankly and cheerfully given at all times.
Simultaneously with the issuing of this pamphlet, notice Is
given in the city pa|)ers of the opening of liooks of subscrip
tion to Cemetery lots. In the early stage of proceeding, it
was intended to solicit the public spirited friends and patrons
of the institution, to subscribe for large numbers of lots with
a view to sustain and [.roraole its pecuniary interest ; but
such has been the encoiu'agement received since the open
ing of the grounds, that no fears are now entertained on this
[loint, aud no one is expected to subscribe for more than he
may choose to hold for bona-fide use. ,\ due regard for the
wants of future generations, and the golden rule of doing for
them, as we should desire under like circumstances, our
ancestors lo have done for ms, will doubtless prompt many, as
above suggested, to take at least .four, in some Instances
perhaps eight or ten lots each ; but more than this, or such
number as may be determined upon this principle, the Trus
tees, on their pait do not urge any one to subscribe for.

IG
The price of lots, embracing the right of selection, will
be in the first instance, one hunderd dollars each,* of which
a fair proportion will be payable at the time of subscribing.
At this rate the books will be kept open till about the 1st
of November next, and then closed until all the parties
then having subscribed, shall have made their selections ;
and the Trustees reserve to themselves the right of increa
sing, reasonably, tbe price of tbe lots whenever the books
shall be re-opened for further subscriptions.
Tbe proceeds of the first Sales will be appropriated as far
as possible (probably more than half) lo lhe extinguishment
of the land debt, and it is believed that lhe whole of this
debt may be paid off without interfering with the ordinary
care and improvement of the ground, in less than five years.-
A surplus may then be accumulated, — as all the proceeds
are thenceforth to be expended in the preservation and em
bellishment of the premlsesj — for the erection of substantial
and permanent improvements, such a's Inclosure and terrace-
walls of masonry, round the entire precinct ; a porter's lodge,
gate-way, and flag tower ; a Chapel ; one or raore distirtctlye
monuments ; and eventually, without doubt, a succession of
monuments commemorative of the dislingulsbed charac
ters and events of national history. It will be recollected
that the Trustees In addition to their own resources, for
these objects, are empowered under their charter, to hold
and apply any endowments which may be committed to tbem
for the erection of monuments, &c., and may become, there
fore, not only a Cemetery corporation, but virtually a Na
tional Monument .\ssociatIon.

* This is the same as the present price of lots — including right of choice
— ^in the Mount Auburn Ceraeteiy, notwitlistancling the difierence in the first cost
of the land; and tbe same also as in the Green-mount Cemetery at Baltimore.
In the Laurel HiU Cemetery at Philadelphia, the lots are sold at 50 cents per
square foot, or 150 dollars per lot of 300 hundred square feet.

17
In presenting these remarks, explanatory of the character,
constitution, and objects of the Green-wood Cemetery, the
Trustees have not thought it necessary, thus far, to touch
Upon the previous question of the necessity and im|)ortance
of such an institution in the neighbourhood of these cities.
It is probable that to most of our citizens, this necessity is
in sorae degree apparent ; but that it may be viewed in its
true and proper light, and as it will be seen by the annexed
memorials to the Legislature of the State and to the Com
mon Council of Brooklyn, that it was the chief considera
tion in the minds of the projectors of the present enterprise,
a brief notice of it will not be out of place in concluding
these remarks.
The older grave yards of the city Were in most instances
mere parish burying grounds of very moderate extent, laid
off around the different churches, at a time when the whole
population of the city did not exceed a few thousand ; and
when no one could have anticipated tbe increase which has
since been realized. These, of course, as the population
increased, were soon found insufficient, and would long since
have been filled to overflowing, and abandoned fiom the ne
cessity of the case, if they had not been closed in conside
ration of the health of the city, by tbe Municipal authorities.
At a later period, other grounds of somewhat greater extent,
were laid out beyond the limits of the (then existing)
dense population ; but in an interval of time scarcely appre
ciable, these in their turn are overtaken by tbe increment of
the city, and already surrounded and hemmed in with com
pact masses of buildings, so that at no distant period a fur
ther change, from the like considerations, will be equally ne
cessary. In the raean time the whole island — generally
believed to be unfavourable for such a purpose in point of
soil, — has been laid out and is rapidly improving without re
ference to any thing of the kind, and there seeras now no
reason to expect that a proper area for a permanent arrange-
3

18
ment on the plan of Mount Auburn could be obtained in any
part of it.
Many of the grave yards referred to, — already teeming
with dead bodies, — are at the same time exposed to viola
tion in the opening of streets, and other city improveraents,
having no vested security against such Invasions ; and the dis
gusting spectacles to which they give rise — not to speak of
the incidental and alraost necessary exhumation and expo
sure of the dead, in the dail.y use of these crowded cemete
ries, — are things of daily occurrence.
The population of tbe cily has now increased to about
three hundred thousand inhabitants, and the burials to nearly
nine thousand per annum. Many thousand families are
wholly unprovided with proper places of burial in or near
the city, and are obliged at great cost and inconvenience to
convey the remains of their deceased friends to their original
places of residence in the neighbouring states, and some
have even taken lots in Mount Auburn.
No one who duly regards the subject can fail fo perceive
that such a state of things, independently of all its intrinsic
evils, is diametrically opposed to the foi mation of local at
tachments and local interests. One of the most sacred and
enduring of human ties, is that by which the hearts of men are
bound to the burial places of their departed friends ; and no
residence can be permanently regarded as home, which is
not also identified, prospectively or actually, with the memory
of those we love. It is the part of patriotisra, therefore, as
well as of huraanity, to apply an effectual and speedy remedy
to the evils of which we have spoken, and It is for the public
to decide whether the projectors of the Green-wood Ceme
tery are, or are not entitled to the merit of this consideration.
All which is respectfully submitted.
By order of the Trustees.
D. B. DOUGLASS, President.
Mw York, Sept. \4th, 1839.

APPENDIX A.

FIRST MEMORIAL TO THE LEGISLATURE,
Submitted jANUiKY, 1838.
To the Honorable, the Legislature of the State of Ne\o York:
The MEMORIAL of ihe undersigned, Inhabilants of Nexo York
and Brooklyn, respectfuUy sheweth,
That in the rapid extelision of these cities, and among all the
various improvemenis which of late years have been introduced
therein, both as to matters of taste, and with a view to the more
substantial considerations of heahli and comfort, no adequate provi
sion has yet been rnade for an object of paramount importance ia
both respects — the euriai^ op the dead.
Boston, Philadelphia, and some other cities of our country, emu
lating the taste of the celebrated Pere la Chaise, have had for some
time, one or more spacious precincts set apart and properly arranged
for this purpose; Mount Auburn at the former place, and Laurel
Hill and the Monument Cemetery at the latter, are already flourish
ing Institutions, which, while ihey set forth the memory of tha de
parted dead, are e<jually honourable to the pious benevolence and
philanthropy of the liviiig.
New Yorlv and Brooklyn, with a population of more than three
hundred thousand inhabitants, singular as it may appear, have no
corresponding arrangement, nor indeed any provision of any kind,
adapted to the wants of this great and rapidly increasing community.
In an early slate of these Cities, while the population was yet
small, and no expectation entertained of such an increase as has
since been realized, the grave yards attached to the different Church
es were deemed abundantly sumcient; many of these, however,
had become crowded to an inconvenient degree, w]ien they were
closed by the Municipal authority of the cily, from considerations of
health, and other situations chosen in lieu of them, beyond the
(then exerting) limits of the dense population. But in process of
time, and after the lapse of a very few years, these also have been
overtaken by the increment of population, and are now in their
turn surrounded and hemmed in by the encroachment of buildings,
so that al no distant time a new change will become necessary, and
the desecration of the present grounds follows almost as a matter of
course. In the mean time the whole Island has been laid out, and
is every where rapidly improving without reference to this ob
ject, and there seems now no reason to expect that a situation suit
able in point of soil, and of sufficient extent for a permanent arrange
ment, could be obtained in any part of it, and such is the appre
hension on this subject, that many of our citizens send the bodies
of their deceased friends to remote country places in New York

30
and New Englund, for sepulture; and several have taken lots in the
Cemeiery at Mount Auburn.
Your oiPiiorialists hare therefore been induced to look to lhe
vicinity of Brooklvn as the only place wiihin a moderate distance
of both cities, where such a design could be carried out, upon a
scale commensurate with iis importance, and with the assurance of
its being preserved for any length of time, inviolate.
They urge the subject the more especially upon the attention of
your honorable bodies, as it is understood that the city of Brooklyn
is now also in the hands of Commissioners, about to be laid out un
der a law of the State; that this laying out is already nearly com
pleted, and will be entirely matured and recorded in the course of
the ensuing season, and if so completed without reference to the
objects which your memorialists have in view, it will be very diffi
cult if not impossible ever to accomplish them hereafter.
With these sentiments, your memorialists respectfully olTer for
lhe consideration of your honorable body, the annexed bill, contain
ing the smallest amount of Corporate power, with the other provi
sions necessary for carrying out the objects contemplated.
Aticl as in duly bound will ever pray, ^c.

B.
AN ACT TO INCORPORATE THE GREEN-WOOD
CEMETERY.
Passed Armt IB, 1838.
[Repealed so far as regards the joint .Stock principle— rby Act of Ap. 11, 1839.]
The People of the State of New York, represented in Senate and
Assembly, do enact as follows :
Section 1. All persons who shall become Stockholders pursuant
to this Act, are hereby constituted a body Corporate, by the name of
"The Greenwood Cemetery," for the purpose of establishing a Pub
lic Burial Ground in the City of Brooklyn.
Sec. 3. The Capital Stock of lhe said Corporation shall be three
hundred thousand dollars, which shallbe divided into shares of one
hundred dollars each, and shall be deemed personal property, and
be transferable on the books of the Corporation in such manner as
the said Corporation shall by its by-laws direct.
Sec. 3. The said Corporation may, by and with the consent of
the Mayor and Common Council of the City of Brooklyn, first had
and obtained, acquire, take and hold a lot or tract of land within the
City of Brooklyn, nol exceeding two hundred' acres, and may sell or
otherwise dispose of such land, to be used exclusively as a Ceme
tery, or place for the burial of the dead ; but all monies received for
or on account of the said Capital Slock, shall be first applied by the
said Corporation to the payment of the purchase money of the land
acquired by the said Corporation, and the residue thereof, together
with at least one half of the monies obtained for such sales of the

21
said lots or plat,', shall be applied to improving or embellishing such
land as a Cemetery or Burial Ground.
Sec. 4. The Commissioners appointed under and by virtue of an
Act, entitled "An Act authorizing the appointment of Commission
ers to lay out streets, avenues and squares in the City of Brooklyn,"
passed April 23, 1S35, are hereby authorized to designate on' the
map of the said City in and by the said Act directed to be made
and filed by said Commissioners, the lot or tract of land so acquired
by the said Corporation, and to terminate any or all of the streets or
avenues, at the outer boundaries thereof.
Sec. 5. The real estate of the said Corporation, and the said
lots or plats, when conveyed by said Corporation to individual pro
prietors, shall be exempt from assessment, and not liable to be sold
OQ Execution, or to be applied to the payment of debts by assign
ment under any insolvent law.
Sec. 6. Samuel Ward, John P. Stagg, Charles King, D. B.
Douglass, Russell Stebbins, Joseph A. Perry, Henry E. Pierrepont,
and Pliny Freeman, shall be Commissioners to receive subscriptions
for the said Capital Stock. They shall appoint a day and place in
the Cities of New York and Brooklyn, or either, to receive the same.
They shall prescribe the form and rules of said subscriptions,
nnd cause at least fifteen days notice thereof, to be given in one or
more of the newspapers printed in the said cities respectively, and
at such time and place receive subscriptions therefor. And also, in
case more than the whole amount is subscribed, they shall have
power to apportion the stock as they shall think proper, among the
said subscribers. And also, in case the whole stock is not then sub
scribed, to receive subscriptions therefor, until the whole is taken;
and when thirty thousand dollars of said Capital Stock shall have
been paid in, said Commissioners shall give a like notice for a meet
ing of the Stockholders at such time and place as the said Commis
sioners shall appoint, to choose from among the said Stockholders,
fifteen Directors. And such election shall be then and there made
by such of the Stockholders as shall attend for that purpose, either
in person or by la.wful proxy, each share of the Capital Stock entitling
a Stockholder to oue vote. And the said Commissioners, or any
three of them, shall be Inspectors of the first Election of Directors
of the said Corporation, and shall certify under their hands the
names of those duly elected, and deliver over the subscription books,
monies and property of said Corporation to the said Directors. The
Directors first chosen, shall fix upon the time and place of holding
the first meeting of the Directors. A new election of Directors, be
ing Stockholders, shall be made annually, at such time and place as
the Board of Directors shall appoint.
Sec. 7. Il shall be lawful for the Directors, or a majority of them,
to require payments of the sums to be subscribed to the Capital
Slock, at such times, and in such payments, and on such conditions,
as they, or a majority of them shall deem fit, under the penalty of
the forfeiture of all previous payments thereon, and shall give notice
of the payments thus required, and of the place and time when the
same are to be paid, at least thirty days previous to the payment of
the same, in at least two public newspapers, one published in the
said city of New York, and one in the said city of Brooklyn.

22
Sec. 8. The said Corporation shall possess the powers, and b«
subject to the provisions contained in Chapter Eighteenth of the
firsl part of the Revised Statutes.
Sec 9. This Act shall take effect immediately.
STATE OF NEW YORK, }
Secretary's Office. ^
I have compared the preceding with on original Act of the Legisla
ture of this State, on file in this office, and do certify that the same
is a correct transcript therefrom, and of the whole of said oiiginal.
ARCH'D CAMPBELL, Dep. Secretary.
Albany, April 25, 1838.

MEMORIAL TO THE COMMON COUNCIL OF BROOKLYN.
To lhe Honorable, lhe Mayor and Common Council of the City
of Brooklyn: The MEMORIAL of ihe undersigned, citizens
of New York and Brooklyn, respectfully sheweth.
That at thr late session of the Legislature of this State, an Act was
passed incorporating a certain Company by lhe name of " The Green
wood Cemetery," with power to purchase, "with the consent of ihe
Common Council of Brooklyn, first had and obtained," a tract of two
hundred acres of land in said cily, and to lay out, improve and em
bellish the same in a permanent and tasteful manner, as a Rural
Burying Ground.
And your Memorialists further represent, that Samuel Ward,
Russell Stebbins, Jno. P. Stagg, Charles King, A. G. Hammond,
and others, with the undersigned, are Commissioners for organizing
said Company, and thai since the passage of the Act, certain of
their number, unconnected with any local interests, have been en
gaged in exploring the outer wards of the city, with a view to deter
mine the most fit and proper location for the said Cemetery. That
after the most mature and careful examination, il is reported — and
in this report the undersigned fully concur — that a location of ex
traordinary beauty and capability, and in their opinion superiorto any
other within the city bounds, may be found on the summits of the
Gowannus Hills, in the Sth Ward of the city, within a district bor
dering upon the city line, and limited on other sides as follows, that
is to say, northerly by 18th street, southerly by 34th street, and wes
terly by a line mid-way between the Sth and 6th Avenues.
The views by which your Memorialists have been induced to act
in this matter, and which they respectfully beg leave to urge upon
the attention of your honorable bodies, may be stated as follows, Viz:
In the two great communities ofNew York and Brooklyn, comprising
at this time a population of at least three hundred thousand iahshit-
ants, no adequate provision has yet been made in the local arrange
ments of either place, for the burial of the dead. The whole island
of New York has been laid out without reference to it, and the an
cient burial places of that city, however appropriate they may have

23
been at the time of their location, would now be wholly inadequate,
even if they had not been closed as a measure of healih police, by
the authority of the city ; while those more recently chosen in situa
tions comparatively remote are already overtaken and hemmed in
by the dense population, and must soon become in like manner, either
insufficient or unavailable.
The remarks will undoubtedly apply to the older burying grounds
in the city of Brooklyn, and such is the uncertainty in the minds of
a large portion of ourcommunity, Ihat theremains of deceased friends
are constantly being sent at great cost and inconvenience to remote
places in the country, and several of our citizens have even purchased
lots in the Cemelery of Mount Auburn.
The evil has become one of great and urgent solicitude, inas
much as there are estimated to be not less than eight or ten thousand
families in New York and Brooklyn, who are either unprovided, or
very imperfecUy provided with any safe and appropriate place for
the disposal of their dead, and this number is said to be daily in
creasing. Your honors will not fail to perceive that this circumstance must
greatly impede the formation of local attachments and local interests.
No tie is more strong than that by which the hearts of men are
bound to the burial places of their departed friends, and it is the part
of patriotism therefore as well as of huraanity, to make liberal pro
vision for this imperative want in a place where nearly nine thou
sand burials take place per annum.
Other cities have been more attentive to this consideration : Bos
ton is justly proud of its Mount Auburn ; Philadelphia not less so
of its Laurel Hill ; Baltimore has recently laid out a princely do
main for the sarae purpose, and who has not heard of the celebrated
Cemetery of Pere la Chaise?
Your Memorialists believe that the location to which they have
referred, in the variety and beauty of its picturesque scenery, and in
its capabilities for picturesque improvement, is at least equal, if not
superior to any spot similarly appropriated, in the world ; and they
doubt not if it should be set apart and properly improved for this
purpose, it will soon become one of the most interesting objects of
laste and feeling in this vicinity.
With these sentiments, they respectfully move your honors to
give lhe consent of ihe Common C!ouncil, as required by the Act.
And as in duty bound, ^c, ^c.

Brooklyn, 6lh of August, 1838.

D. B. DOUGLASS,
H. E. PIERREPONT,
R. STEBBINS.

D.
Extract from the minutes of ihe Com.mrm Council of Brooklyn,
meeting August 6th. IS29— certified by Thi:odore Eames, Cl'k.
"The petition of D. B. Douglass and others. Commissioners of
the Green-wood Cemetery, for the consent of the Common Council

24
to locate their Cemetery, was presented and read by Alderman Per--
ry. After some deliberation on the subject, the following resolution
was offered by Alderman Perry, viz: Resolved, That the prayer of
the Memorialists be granted ; and that the Commissioners of the
Green-wood Cemetery be hereby authorized lo purchase and lay out
for the purposes of a Cemetery, the ground required for such pur
poses, not exceeding two hundred acres, wiihin the limits designa
ted in the memorial. On motion, it was voted, that the above reso
lution be adopted, and that the memorial and the resolution append
ed, be printed at the e.tpense of the Common Council."

E.
E.vtr act from the Official Report of lhe Commissioners for laying
out the Cily of Brooklyn,under a-n'Act passed 23d of April, 1835.
"Green-wood Cemetery is laid out in compliance with a law pas-
ed at the last session of the Legislature of this State, incorporating
the Green-wood Cemetery Company, and is bounded as follows : be
ginning al the intersection of 21st street and the 10th Avenue, at
the south-westerly corner of the sarae; thence running Westerly,
along the south side of 2l5t street to a point 100 feet west of the
7th Avenue; thence southerly, in a line paraUel to the 7th Avenue,
to a point 100 feet southerly of 23d street; thence westerly, in a line
parallel to 23d street, to a point 300 feet westerly of the 7th Avenue;
thence southerly, in a line parallel to the, 7th Avenue, to the westerly
side of 2.5lh street; thence westerly, along the southerly side of
25lh street, to a point mid-way between the 5th and 6th Av
enues; thence southerly, in a line parallel to those Avenues, to a
point 100 feet southerly of 33d street; thence parallel to £3d street,
easterly to 7th Avenue ; thence northerly, along the westerly side of
the 7th Avenue 260 feet, to a point mid-wiiy between 32d and 33d
streets; thence easterly, on a line parallel to those streets, to the
boundary of the city; thence along said city boundary northerly, to
the 10th Avenue; and thence along the westerly side of the 10th
Avenue, to the place of beginning. And all streets and Avenues
which have been described as running through the above ground,
are to terminate at its line with the exception of Hammond Avenue.
******** * * if
Signed, A. G. HAMMOND, ) „. .
S. CHEEVER, ^„ '^.'^'.^
J TIFFANY ) '-commissioners.

F,
To the Honourable, the Senate and Hmsp. nf Representatives of
Ihii Siate nf New York: The MEMORIAL of lhe undersigned,
a Com-miilee of the Directors of Ihe Green-wood Cemetery
Company, and in behalf of said Company, respectfully
sheweth, That in pusuance of a Law passed at the last session of the
Legislature, lo wit: On the 18th day of April 1838, a Joint Slock

25
Company has been formed, and organized, under the above title, for
the purpose of laying out .and constructing, on the most approved
plan, a Rural Cemetery in the cily of Brooklyn.— That after ma
ture deliberation, and with the consent of the Common Council
duly obtained, its location has been fixed, and a tract of iwo hun
dred acres of land secured in a veiy eligible situation in lhe Slh
ward of said city, the boundaries of which have been designated on
the city map, under the authority of the commissioners : and mea
sures are already in progress for improving and embellishing it, in
conformity with the design and purpose for which the company was
incorporated. ¦ In the progress of these incipient steps, however, and with a view
to the complete success of an undertaking in which one of the high
est interests of humanity is intmded to be subserved, the under
signed have become aware of the importance of certain legal pro
visions which were not contemplated in the original aot of incorpo
ration, and which they now beg leave most respectfully to submit to
the consideration of the Honorable, the Legislature.
In the first place, the principle of a Joint Stock Company, involv
ing, as it necessarily does, the idea of private and individual profit,
and in lhe present instance, the conflicting interests of lot-holders
and stock-holders in the premises, appears not in harmony with aa
undertaking which, in its nature and aim is eminently and essen
tially philanthropic. Your memorialists were not wholly unaioare
of this consideration in drawing up their original act, but they were
also under an impression that their object could not be accomplished
in any other way. Thisthey have since discovered to be an error,
and as the stockholders are willing to relinquish their stock upon
equitable principles, the undersigned, in behalf of the Board of Di
rectors, respectfully ask leave to receive and cancel it, and to man
age lhe concern thenceforth as an Incorporated Tjust. The con
flicting interests alluded to will thus be done away — the undertaking
in all respects placed upon a more proper footing, and the unqualified
confidence of the community insured to an institution, from which
even the appearance of individual profit is entirely excluded.
In moving this amendment, your memorialists are also instructed to
request that your Honorable Bodies will be pleased to confer such addi
tional powers for lhe preservation of the grounds, and for the protec
tion of the tombs, monuments, graves, and shrubbery therein, as have
been found necesiary in other similar undertakings elsewhere. And
finally as the Cemetery under these several provisions, will become
purely and exclusively a benevolent institution, and as it is of the
utmost importance that the public mind should be assured of the in
violability of the premises in every possible event, even against legal
process, we trust your Honors will perceive the reasonableness of
exemp'ting them from taxation.
In piesenting these several points to the attention of an enlight
ened Legislature, your memorialists cannot feel it necessary to ac
company them with any new arguments of a general nature, on the
subject to which they relate. In all ages, and in every country,
even barbarous tribes acknowledge, by elaborate funeral rites, and m
many other ways, the duty of the living to honor and protect the
remains and memory of the dead. In the city of New York, the

26
performance of this duly has been attended with peculiar difficulties ;
extraordinary means are necessary — Legi'^lative aid, therefore, indis
pensable, — and in seeking that aid, respectfully, at the hands of your
Honorable Bodies, the undersigned entertain no fear that their ap
plication will be unheeded.
And as in duty bound, t^c, ^c,
D. B. DOUGLASS,
HENRY E. PIERREPONT,
And others, Committee.

Extract from the Minutes of the Common Council of Brooklyn, — '
m.eeting March lllh, 1839.
The subject of tbe Green-wood Cemetery was brought forward
by his honor the Mayor, who stated ihat the bill now before the
Legislature of this State, for the incorporation of that association,
contained a provision exempting the Cemetery from taxation, and
that our representatives in lhe Legislature wished for an expression
of lhe views and wishes of the Common Council, on that subject.
After full consideration, alderman Underbill offered the following
resolution, which on motion, was adopted by a vote of the Board, viz:
" Resolved, that the tract of land known by the name of the Green
wood Cemetery, in the opinion of this Common Council, should be
exempted from taxation so long as it is used as a place of burial."
I "hereby certify, that the foregoing extract included wiihin the
marks of quotation, is copied from the minutes of the Common
Council of lhe city of Brooklyn.
THEODORE EAMES, Clerk.
Dated the 10th day of Sept., 1339.

H.
AX ACT TO ALTER AND AME\D "AN ACT TO INCOR
PORATE THE GREEN-WOOD CEMETERY."
Pa.sser April 11, 1839.
The People of Ihe State of New York, represented in Senate and
¦Assembly, do enact as follows:
Section 1. It shall be lawful for the stockholders of the said
''The Green-wood Cemetery," to surrender and extinguish their
stock in such manner as the board of dirv.-clors shall prescribe ; and
all persons who are and hereafter shall become proprietors of lots or
parcels of ground conveyed to them by the said corporation, shall
become members of the said body corporate.

27
Sec. 2. The estate, property and affairs of the said corporation
shall be managed by fifteen trustees, a majority of whom shall con
stitute a quorum capable of doing business. The persons now con
stituting the board of directors, shall be the first trustees, and shall,
as soon as may be after the passage of this act, organize themselves
into three equal classes. The first class, so organized, shall go out
of office, and successors, being lot proprietors, be chosen on lhe first
Monday of December, one thousand, eight hundred and forty ; the
second, in like manner, on the first Monday of December, one thou
sand eight hundred and forty-two; and the third, in like manner, on the
first Monday of December, one thousand eight hundred and forty-
four; and thenceforward, biennially, one class, in order, shall go out
of office, and successors, being lot proprietors, be chosen ; provided,
that the members of the several classes shall be re-eligible and re
tain their stations until their successors are chosen. Notice of such
elections shall be given in one or more newspapers published in the
cities of New York or Brooklyn, at least fourteen days previous to
the time of holding the same. The election shall be by ballot, and
every proprietor of a lot or parcel of ground of a size not less than
thr: e hundred square feet, or if there be more than one proprietor of
any such lot or parcel, then such one as the proprietors of such orig
inal lot for the time being, or a majority of them, shall designate to
represent such lot or parcel at such election, shall have, either in per
son or by proxy, one vote for each such lot or parcel ; and the five
persons, being lot proprietors, having a majority ofall the votes giv
en at such election, shall be declared duly elected trustees. The
trustees of the said corporation shall hereafter, in all cases, be cho
sen frora among the lot proprietors, and shall have power to fill any
vacancy in their number that may occur during the period for which
they hold their office.
Sec. 3. An annual meeting of the said corpoialion shall be hol
den at such time and place as the by-laws shall direct; notice where
of shall be given in like manner above mentioned, seven days at
least before the time of meeting. The trustees shall make report
to the corporation at such annual meeting, of their doings, and of
the management and condition and fiscal concerns of the cotporatiou.
Sec. 4. All lots or parcels of ground when conveyed and desig
nated and numbered as lots by the said corporation, shall be indivis
ible, but may afterwards be held and owned in undivided shares ;
one half at least of the proceeds ofall sales made by the said cor
poration, shall be first applied to the payment of the purchase money
of the land acquired by the said corporation, and the residue thereof
shall be applied to preserving, imp'oving and embellishing the said
land as a cemetery or burial ground, and to the incidental expenses
of the cemetery estnblishmeni; and alter payment of such purchase
money, the proceedsof all future sales shall be applied to the preserva
tion, iraprovement and em.brlli=ihment of the said cemetery and inci
dental expenses thereof, and to no other purpose whatsoever.
Sec. 5. Any person who shall wilfully destroy, mutilate, deface, in
jure or remove, any tomb, monument, or'grave stone, or other structure
placed in the cemetery aforesaid, or any fence, railing, or other work
for the protection or ornament of the said cemelery, or of any tomb,
monument or grave stone, or other structure aforesaid, or of any

28
cemetery lot within the cemetery aforesaid; or shall wilfully de
stroy, cut, break, or injure any tree, shrub, or plant, within the limits
of the said cemelery, shall be deemed guilty of a misdemeanor, and
shall upon conviction thereof before any justice of the peace, or other
court of competent jurisdiction wiihin the couniy of Kings, be pun
ished by a fine not less than five dollars, nor more than filly dollars,
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 any court of competent jurisdiction, in the name of the
said corporation, to pay all such damages as shall have been occa
sioned by his unlawful act or acts ; which money, when recovered,
shall be applied by the said corporation, under the direction of the
board of trustees, to the reparation and restoration of the property
destroyed or injured as above ; and members of the said corporation
shall be competent witnesses in such suits.
Sec. 6. The said corporation may take and hold any grant, dona
tion, or bquestof property upon trust, to apply the same or the income
thereof, under the direction of the board of trustees, for the im
provement or embellishment of the said cemetery, or for the erection,
repair, preservation or renewal of any tomb, monument or grave
stone, fence, railing, or other erection, or for the planting and culti
vation of trees, shrubs, flowers, or plants, in or around any cemelery
lot, or for improving the said premises in any other manner or
form consistent with the design and purposes of this act, according
to the terms of such grant, donation, or bequest.
Sec. 7. The said cemetery shall be and hereby is declared ex
empted from all public taxes, so long as the same shall remain dedi
cated to the purposes ofa cemetery.
Sec. 8. Every provision in the charter hereby altered and amended,
which is inconsistent with the provisions of this act, is hereby re
pealed.
STATE OF NEW YORK, }
Secretary's Office. ^
I have compared the preceding printed copy with an ori
ginal law of this State deposited in this office, and do certify that
the same is a correct transcript therefrom, and of the whole of said
originals (Sec. 2, line 2, the words "a majority" — line 19, the words
" proprietors of such original lot for the tirae being, or a majority of
them" being interlined and the words "Board of Trustees for the
time being," obliterated, and at line 2 "five" obliterated — Section 5,
line 6, the word " remove" obliterated.)

Albany. April 12th, 1839.

JOHN C. SPENCER,
Secretary of State.

TERMS OF SUBSCRIPTION
TO CEMETERY LOTS IN THE GREEN-WOOD CEMETERY,
AT TH£
First opening of the Books, commencing Sept, 23, 1S39,

1, Each single Lot having a clear area of .300 square
feet, with a margin of one foot, additional, all round, for the
erection of its enclosure, shall be valued at one hundred
dollars, which is to cover the privilege of selection, accord
ing to the rule hereinafter laid down, and all incidental
expenses anterior to the delivery of the deed, and Lots of
fractional dimensions greater than 300 feet, shall be charged
at the same rate in proportion.
2. Quadruple Lots shall consist of four single Lots laid
out in a regular quadrangle, with their margins included, or
of an equivalent area in some other way — the contiguous
margins of the Lots being always considered as part in com
mon with the Lots to which they belong, and so included in
the enclosure. Every person subscribing for four Lots, may
at his option, take a quadruple Lot so laid out.
3. The preraises shall be opened and prepared for the
selection of Lots on the first of November, or as soon there
after as circumstances permit, of which public notice shall
be giv%n, and thereafter the Bonks of Subscription shall be
closed until all the parties then having subscribed shall have
selected their Lots on the ground.
4. The precedence of choice shall be regulated among
the subscribers by Lot (Lottery), in the drawing of which
5

each individual Burial Lot subscribed for, whether singly or
in a group, shall have one chance. But subscribers to more
than one Lot, intended for bona-fide use, shall have the privi
lege of locating the whole number contiguously to that first
chosen, or in such connexion with it as shall be consistent
with the general plan of laying out.
5. The Trustees shall regulate the days of location, and
the number of subscribers who may select their Lots on each
day, and if any one shall neglect to choose in his tui'n on the
day appointed for him, his choice shall be postponed to the
next following location day,
6. Ten per cent, of the purchase money on all Lots sub
scribed shall be paid at the time of subscribing, and the re
mainder at the closing of the Books, or in such instalments
thereafter as the Trustees may appoint.
7. Whenever a Lot or group of Lots shall have been se
lected and registered, the owner thereof, upon payment of
the purchase money in full, may in. mediately enter upon, and
occupy the same as a Family Burying Place, and within thirty
days thereafter, the Trustees shall deliver to him under their
charter, a good and sufiicient title deed for said Lot or Lots,
8. The Burial Lots are to be held generally under the
same conditions and limitations as those of the Mount Au
burn Cemetery at Boston, an abstract of which is hereunto
annexed, in addition to which the Trustees are empowered to
make such rules, regulations and by-laws for the government
©f the Cemelery as from time to time may be necessary, and
Bothing contained in this Caption or in the Deed of Convey-
aace shall be held to take from them this power.

3
ABSTRACT OF THE CONDITIONS AND LIMITATIONS
REFEKKED TO IN THE FOKEGOING ARTICLE.
I. The Lots shall be held in pursuance of "An Act to incorpor
ate the Green-wood Cemetery." passed AprU 18, 1838, and an Act
for amending the sarae, passed April 11, 1839, and shall not be used
for any other purpose than as a place of burial for the dead.
II The proprietor of each Lot shall have a right to enclose the
same wit^i a wall or fence not exceeding one foot in thickness, to be
placed on the margin allowed (or that purpose; but the Trustees re
quest that all such railings should be light, neat and symmetrical.
III. The proprietor of the said Lot shall also have the right to
erect any proper stones, monuments, or sepulchral structures there
on (except that no slab shall be set in any other than a horizontal
position.) and to cultivate trees, shrubs, and plants in the same; but
no tree growing within the Lot or border shall be cut down or de
stroyed, without the consent of the Trustees.
IV. The proprietor of the said Lot shall keep in repair at his, or
her own expense, the land marks of the same, which shall be erect
ed by the Cemetery Corporation.
V. If any tree* or shrubs situated in said Lot, shall by means of
their roots, branches or otherwise, become detrimental to the adja
cent lots or avenues, or dangerous or inconvenient to passengers, it
shall be ihe dutv ot the said Trustees for the time being, and they
shall have the right, to enter the said lot and remove the said trees
and shrubs or parts thereof, as are thus detrimental, dangerous or
inconvenient. VI. If any monument or effigy or any structure whatever, or any
inscription be placed in or upon the said Lot, which shall be deter
mined by the major part of the Trustees lor the time being to be of
fensive or improper, the said Trustees or a major fart of them, shall
have the r'ght, and it shall be their duty to enter upon such Lot and
remove the said offensive or improper object or objects.
VII. The proprietors of Lots and their families shall be allowed
access lo the grounds at all times, observing the rules which may
be adopted and published for the regulation of visitors.
We, the subscribers, do hereby severally agree to take in the
Green-wood Cemeiery, lhe number of Cemetery Lots written oppo
site our names respectively, in conformity with ihe foregoing terms
and conditions.
Witness our hands, New York, September 23, 1839.

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