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An Ordinance to regulate the burial of the dead
Sec. 1
Be it ordained by the Common Council of the City of Chicago
That all that part of the South East quarter of the South East quarter of Section thirty three (33) of Township forty (40) north range fourteen (14) East of the third principal meridian, lying east of Clarke Street, excepting four acres not owned by the City, shall be and the same is hereby set apart – for the Burial of the Dead, and shall be known and distinguished as the “Chicago Cemetery”.
Sec. 2
It shall be the duty of the City Surveyor, to survey from time to time, such parts of said land as may be deemed necessary for immediate use, under the direction of the Council, and lay the same out in lots, of not less than twenty four (24) feet in length, by nine (9) feet in breadth. |
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And to make a map thereof, upon which each lot so laid out shall be numbered. Which map shall be duly certified and recorded in the office of the City Clerk, and also in the office of the County Recorder of the County of Cook.------------------------------------------
Sec. 3
It, shall be the duty of the Mayor and City Clerk as soon as convenient after the first portion of said Cemetery shall have been surveyed, laid out, mapped and recorded as aforesaid, and after having given public notice thereof, to proceed to sell the said lots at public auction, to the highest bidder therefore, Provided – however, that no lot shall be sold for a less sum than five dollars.
Sec. 4
The purchaser of each lot at said sale, upon the payment of the purchase money, and a fee of fifty cents to the Clerk, shall be entitled to a deed thereof, under the Corporate seal of the City, signed by the Mayor and countersigned by the Clerk.
Which deed shall be in substance as follows – Viz” The city of Chicago in consideration of _______________dollars to the said city paid by ____________ doth hereby, in conformity with the Ordinance of the Common Council of said City, in such case made and provided, give grant, bargain, sell, and convey unto the said ___________________ lot numbered__________________ in the plot of the Chicago |
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Cemetery as laid out and recorded in the Office of the city Clerk, and in the office of the Recorder of the County of Cook. To have and to hold the same, with its – appurtenances to him the said______________ his heirs and assigns forever, for the purpose of burying therein his and their dead, and for no other use, intent or purpose whatever, subject nevertheless to such general rules and regulations as the Common Council of said City, may from time to time hereafter establish.
And – the said City of Chicago, hereby covenants with the said__________ his heirs and assigns that the premises designated as the Chicago Cemetery aforesaid, in an ordinance passed by the Common Council of said City on the_______ day of_______ A.D._1842___. Shall forever be kept and preserved as a place for the burial of the dead of said City, and that all monies which have been or may be received for lots sold therein shall be laid out and expended, in paying for said ground, and ornamenting and improving the same and if necessary, in purchasing and improving an addition thereto, and that the said Cemetery shall be enclosed with a good and substantial fence, which shall at all times be kept in good repair. |
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Witness the seal of said City and the signature of____________ Mayor thereof this________ day of________ AD___184_______.
Sec. 5 After the public sale aforesaid the Mayor and the City Clerk shall be, and they are hereby authorised to sell at private sale any of the lots remaining unsold, which have been surveyed, laid out and recorded as aforesaid and to convey the same in deed as aforesaid upon the payment of the sum of ten dollars, and a fee of one dollar to the City Clerk.
Sec. 6
It, shall be the duty of the City Clerk to Keep a record of all lots sold in said Cemetery, in which shall be specified the number of the lot sold, the purchasers name, the amount of purchase money, and the date of sale. He shall also keep a similar record of all transfers and assignments of said lots, and shall be entitled to a fee of twenty five cents for each transfer entered on said record, And he shall also keep a separate account of all monies received or expended for, or on account of said Cemetery.
Sec. 7
It, shall be the duty of the City Treasurer to Keep all monies received for, or on account of said Cemetery, separate and apart, and from other monies in the Treasury. And all orders |
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drawn by the Clerk to meet expenditures on the Cemetery, shall designate distinctly on their face that they are to be paid out of the “Cemetery Fund”. And said monies shall not be used to meet any other demands upon the Treasury.
Sec. 8
A portion, of said Cemetery, not less than five acres, shall be set apart under the direction of the Common Council, as, and for a “Potters Field”, and all strangers or inhabitants of said city, other than the Owners of lots in said Cemetery, shall be buried in said Potters Field. And, any person burying or causing to be buried any dead body contrary to this section, shall forfeit and pay to the use of the City the sum of Twenty Dollars ($20). Provided, however that the Mayor may in special cases, grant a written permission to bury dead bodies, in lots which may be reserved for that purpose.
Sec. 9
If any person or persons shall destroy, pull down, deface, or [in] any manner injure any monument, stone, stake, post, fence, trees, ornamental shrubs or other fixtures or plants, erected, placed, planted, or put in or around said Cemetery, or in or around any lot or lots therein, either by said city or any private person or persons, he or they so offending, shall |
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forfeit and pay to the use of said City the sum of Twenty Dollars $20-
Sec. 10
There, shall be appointed by the common Council, a City Sexton, who shall have charge of said Cemetery. It shall be his duty to report all violations of this ordinance and he shall direct how, and where, each and every dead body (not belonging to the owners of lots therein) shall be interred, and for such services he shall receive such compensation as the Common Council may, from [time] to time establish, to be paid by the person or persons requiring the same. Any person resisting the said Sexton in his duty, or (other than the Owners of lots aforesaid) refusing to inter their dead as directed by him shall forfeit and pay to the use of the city the sum of ten dollars $10-
Sec. 11
If, at any time any dead body or bodies shall have been interred upon any lot or lots which have been purchased by private Citizens, without the consent of the Owner or Owners thereof, it shall be the duty of the Sexton to cause such body or bodies to be forthwith removed to the Potters Field, and the person or persons interring such body or bodies as aforesaid on causing such interment, shall pay the expenses of such removal in addition to the penalty herein before provided.
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Sec. 12
It shall be the duty of the attending Physician, on the demise of his patient resident of said City, and before interment, to give a certificate, under his hand, to the head of a family in which said death may occur, specifying the age, sex, and cause of death, whether by accident, or disease, and the nature thereof, under a penalty of five dollars for each omission.
Section 13.
It shall be the duty of the head of a family as aforesaid, to give a cause, said certificate to be given to the City Sexton, previous to the burial of such deceased person, under a penalty of Two dollars for each omission. |