PARK AND CEMETERY, 
149 
u 
rer of the colony. He died in 1802. David Gardner of Gard- 
ner's island whose epitaph states that he was the first white child 
born in Connecticut. The date of birth is 1635, and his death 
occurred in 1689. He was the offspring of on .• of the families 
which migrated with the Hooker colony. John Poutry. who 
died in 1736, Gile Hamlin, William Pitkin and other original 
settlers. The oldest grave in the cemetery is believed to be 
that of Nathan Gilbert, who was buried in 1682, 215 years ago. 
The Caffall process, which was noticed in our last is sue, 
is the method of restoration adopted, in the main this 
consists of carefully cleaning the s'ones and then apply- 
ing a chemical solution which combining with any soluble 
lime near the surface hardens it and renders it insoluble. The 
stone is then heated by suitable apparatus to a temperature of 
some 200 degrees when melted paraffine is applied which fills up 
the pores to a required depth and practically water proofs them. 
Every trace of the paraffine on the exterior is afterwards removed 
by a patented process and the work is done. The monuments 
so far renovated have appealed so strongly to those interested 
that it is expected that two thirdsof the monuments will be thus 
restored. 
CORRESPONDENCE. 
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Lynn, Mass., July 22, 1897. 
Editor Park and Cemetery. 
Dear Sir: As the time draws nigh for our convention our 
thoughts naturally turn in that direction, and if we all do what 
we can it will be a grand success. In fact, all of our conventions 
have been successful. Park and Cemetery has done much 
for our association, and it is our duty to reciprocate by writing 
for it, and surely there is plenty to write about, leaving no ex- 
cuse on that score. 
The excuse is that we think we are so busy; we put it off till 
next month, and when next month comes we do the same as be- 
fore. ‘ Let us try in the future and turn over a new leaf.” 
I have before spoken about bringing photographic views of our 
grounds to our convention, and it will bear repeating. We all 
remember what an interesting feature it was at our last meeting. 
Once more I want to say let us have a good attendance, and I 
am sure we all hope to see our only lady member present. Un- 
til then my best wishes are with you all. 
William Stone. 
Superintendent Pine Grove Cemetery. 
LEGAL. 
RIGHT OF ACCESS TO CEMETERY LOT. 
The court of appeals of New York has rendered an impor- 
tant decision, in principle, in the case of Palmer v. Palmer, 
where it reveises the decision of the general term of the supreme 
court of that state. The purpose of this action was to establish 
the plaintiffs right to a way across the defendant’s farm, from a 
certain street of the town of Mamaroneck, in Westchester 
county, to a private cemetery owned by her in the rear of the 
defendant's premises, and to enjoin him from interfering with 
the exercise of that right. The defendant and plaintiff were 
brother and sister. In the settlement of their father’s estate, by 
the heirs, the farm mentioned was deeded to the defendant, and 
the cemetery lot to the plaintiff and her sister. After the deeds 
between the parties to that transaction were executed and deliv- 
ered, the plaintiff and her sister had no interest in any land bor- 
dering upon that conveyed to them, and it did not adjoin any 
street or highway. Under these circumstances, the court of ap- 
peals holds that the plaintiff and her sister obviously acquired a 
right of way by necessity from and to their cemetery lot over the 
remaining part of the farm. The law on the subject it says is 
that where a person conveys to another a piece of land surrounded 
by lanfis of the grantor, the grantee and those claiming under 
him hive a right of way by necessity through the lands of the 
grantor, as an incident of the grant. And this principle applies 
where the land conveyed is surrounded in part by the lands of 
the grantor, and in part by the lands of a third person. The 
grantor in such a case has the right to designate the track or 
way, having clue regard to the rights of both parties; but, if he 
declines or omits to exercise that right, the grantee may select 
for himself, and will be supported in his selection unless charge- 
able with palpable abuse. A right of way of necessity over the 
lands of a grantor, in favor of a grantee and those subsequently 
claiming under him, is not, however, a perpetual right of way, 
but continues only so long as the necessity exists. In this case 
the grantor was not shown to have designated the track or way 
to be used by the plaintiff, but she continued to use the way as it 
formerly existed, and was previously used by the family in pass- 
ing over the farm to the cemetei y. Thus, the court says she se- 
lected the old way, which must be regarded as established and 
consented toby the parties, as no objection seemed to have been 
made for years after the selection or during the continuance of 
its use. The doctrine here laid down it will be seen has a wide 
application. 
* * • * 
The Nebraska State Cemetery Association prepared and in- 
dorsed the following bill directed against grave robbery and un- 
lawful disinterment of bodies, which has passed the legislature. 
The association has been very active in its efforts to promote ad- 
vanced practice in cemetery management, the preparation of 
proper blanks and revised methods of record, etc. : 
Section i. It shall be unlawful for any person or persons 
to dig up, disinter, remove or cany away from its place of de- 
posit or burial any dead human body or the remains thereof, or 
to attempt to do the same, or to assist, incite or procure the same 
to be done. It shall also be unlawful for any person or persons 
to receive, conceal or dispose of any dead human body or the re- 
mains thereof, knowing, or having reason to know, that the same 
had been dug up, disinterred or removed from its place of de- 
posit or burial as aforesaid, or to attempt :o do the same, or to 
aid, incite, assist or encourage the same to be done, provided, 
however, that the above mentioned acts shall not apply to the 
bodies of paupers authorized to be surrendered for purposes of 
dissection under sections 20, 21, 22 and 23 of an act of the legis- 
lature of said State, entitled, “An Act Legal zing Dissections 
and for Other Purposes,” and which was passed and took effect 
Feb uary 20, 1893; and provided further, that they shall not 
apply to the body of any criminal directed to be delivered up by 
competent authority for purposes ol dissection; and also pro- 
vided further , that they shall not apply to nor be construed to 
prevent any person or persons from removing the bodies or the 
remains thereof of their relatives or intimate friends from one 
place of burial to another: provided , however, that in case such 
last mentioned burial has been in any lawfully constituted ceme- 
tery consent for such removal shall be obtained from the lawfully 
constituted authority thereof. 
Sec. 2. It shall be unlawful for any person or persons to ex- 
pose, throw away or abandon any dead human body or any por- 
tion thereof in any public place, or in any river, stream, pond, 
or waterway or reservoir. 
Sec. 3. The doing or attempting to do any of the acts de- 
clared to be unlawful in said sections one and two shall be 
deemed, considered and held to be a felony, upon conviction 
whereof the offender shall be punished by imprisonment at hard 
labor in the penitentiary of said State for a period of not less 
than one year and not longer than three years, or by a fine 01 
$2 500, or by both imprisonment and fine as before said. 
Sec. 4. Sections 244 and 245 of chapter 23 of said Criminal 
Code and all other acts of said legislature, or parts of acts there- 
of, are hereby repealed; provided, however, the repeal of said 
section 244 shall not operate to prevent convictions for violations 
thereof prior to the going into effect of this act. 
Copies of the above bill may be obtained on application to 
the Association. R- H. Oakley, President, Lincoln, Neb. 
