PARK AND CEMETERY 
276 
sign, material and number are decided on. All additional de- 
posits can be made later for their care or for plants. The en- 
dowment required for perpetual care of a lot is that sum, the 
interest of which at the assured rate is sufficient to meet the 
average annual expenditures necessary to keep the sod in 
order, wash and paint the memorial stones when necessary, and 
to provide such plants as may have been agreed upon. The 
board advocates not less than $150 be deposited; the ordi- 
nance, however, provides that any sum can be deposited to 
perpetual care, but it is within the province of the board to 
determine what amount, the interest of which will be suffi- 
cient to annually care for the lot.” In Pine Grove Cemetery 
a complete water system was installed, consisting of a 30-foot 
well, a 27-foot tower, supporting a tank with a capacity of 
5,500 gallons and an Ericsson engine. The cost of this plant 
will not exceed $1,500, and has been paid for from the re- 
ceipts of this department. ■ One of the attractive features of 
this cemetery is the new shelter house which was built last 
year. It is of rustic construction and unique in design. The 
amount of money deposited to perpetual care of lots, Dec. 7, 
1903, was $81,790.84; to this has been added during the year 
$6,458, making a total now deposited of $88,248.84, representing 
877 lots, 56 having been added this year. 
The annual report of the Commissioners of the North 
Burial Ground, Providence, R. I., for the year 1904 records 
the development of several new sections and the practical 
completion of the new receiving tomb, which has been in 
use since last fall. A new layout of a portion of the section 
in which the tomb is located was made necessary, and most 
of it was regraded and planted with flowering shrubs. The 
perpetual care fund amounts to $178,749.16, an increase of 
$9,525 during the year. There are now 1,254 lots under per- 
petual care and 715 under annual care. The interments for 
the year numbered 609, making a total of 29,604. The total 
receipts for the year amounted to $38,417.81, and the expendi- 
tures to $35,636.30. 
The forty-seventh annual report of the Mount Hope Ceme- 
tery Corporation, Bangor, Me., shows an unusually busy year’s 
work. Much new work was done in the eastern division. 
In this section a new road was built which opens up a large 
territory, the land on either side was lotted, and many of 
the lots already sold. A drain was constructed in this section 
to take care of the surface water. The superintendent made 
the experiment a year ago of cementing some of the steep 
side hill walks to prevent washing, which proved so suc- 
cessful that several more walks were treated in the same 
manner. Forty tons of hay and 266 bushels of oats were 
raised and sold to good advantage. The total receipts for the 
year were $10,576.99, and the expenditures $1,468 less than 
this amount. 
At the fifty-seventh annual meeting of the Utica Cemetery 
Association reports showed an increase of $8,508.74 in the 
trust fund, which now amounts to $104,752.69. More lots 
were placed under permanent care during the past season than 
any other year since the cemetery was incorporated. The re- 
ceipts for the year were $29,996.74, and the expenditures 
$21,330.81. Foundations were built for 340 headstones and 
47 monuments. 
The annual report of the Riverside Cemetery Association, 
Waterbury, Conn., presents the following statistics of the 
year : Receipts from lots sold, $2,876.63 ; fees for labor, etc., 
$2,388.20; flowers and plants sold, $582.90. Expenditures for 
labor and supplies, $5,661.72. The repair reserve fund for 
the care of lots has been increased during the year by dona- 
tions to the amount of $420. The number of interments dur- 
ing the year was 163. The total number to date is 5,875. 
IMPROVEMENTS AND ADDITIONS. 
Locustwood Cemetery, Camden, N. J., has let the contract 
for the erection of a new chapel and receiving vault to cost 
$20,000. 
Oakwood Cemetery, Waco, Tex., has purchased six iron 
waste baskets to be distributed about the cemetery. The asso- 
ciation has a permanent fund of $5,007.79 and a current ex- 
pense fund of $964.04. 
The Old Burying Ground Association has been formed at 
Orange, N. J., for the improvement of the old cemetery at 
that place. David L. Pierson is president of the association, 
and members of a number of historical and patriotic orders 
are interested in the work. 
A new underground receiving vault is being constructed at 
Santa Clara, Cal. 
Lot owners of Cedar Hill Cemetery, Whitesboro, N. Y., are 
preparing to incorporate and raise a fund of about $1,000 for 
improvement. 
Hillside Cemetery Association, Plainfield, N. J., has pur- 
chased 20 acres of additional territory. 
Olmsted Brothers have made preliminary plans for the lay- 
ing out and improvement of a new addition of 46 acres to 
Dellwood Cemetery, Manchester, Vt. The- plans contemplate 
an expenditure of between $20,000 and $30,000. 
Lowell Cemetery, Lowell, Mass., is soon to let contracts for 
the erection of a new entrance gate. 
NEW CEMETERIES. 
The Odd Fellows’ Cemetery Association of Los Angeles, 
Cal., has been incorporated with a capital stock of $30,000. 
Bishop Muldoon has purchased, for $32,000, an eighty-acre 
tract of land in the township of Lyons, near Chicago, for use 
as a Polish Catholic cemetery. 
St. ■ Mary’s Catholic Cemetery was recently dedicated at 
St. Paul by Archbishop Ireland for use by the Catholics of the 
twin cities. 
The Greenwood Cemetery Company, of Atlanta, Ga., has 
made application for a charter to organize a cemetery and 
conduct a floral establishment. The incorporators are William 
H. Brown and J. L. Mayson. The cash capital is given as 
$100,000. 
Mount Nebo, a new ten-acre Jewish cemetery, was recently 
dedicated at Denver, Col. 
RIGHTS IN CEMETERY LOT. 
The courts in many of the states have held, the supreme 
court of Georgia says (Stewart vs. Garrett, 46 Southeastern 
Reporter, 427), that the purchaser of a lot in a public ceme- 
tery, though under a deed absolute in form, does not take 
any title to the soil, but that he acquires only a privilege or 
license to make interments in the lot purchased, exclusively 
of others, so long as the grounds remain a cemetery. And 
there would seem to be good reason for holding that, when 
a cemetery lot is conveyed for burial purposes, it cannot be 
devoted to any other use, whatever may be the form of the 
conveyance. Damages may be recovered from any person 
who wrongfully trespasses upon, desecrates, or invades the 
burial lot of another. And, in a proper case, the courts will, 
by injunction, restrain a trespass upon a burial lot. If for 
any public reason the disestablishment of a cemetery is neces- 
sary, the police power is adequate. 
More particularly, the court holds that one who purchases 
a lot in a public cemetery for burial purposes, though the 
right of interment therein be exclusive, does not acquire any 
title to the soil, but only a mere easement or license, which 
will not support an action for ejectment. 
