USA > Virginia > Henrico County > Henrico County > Historical sketch of Hollywood Cemetery : from the 3d of June, 1847, to 10th July, 1889 > Part 3
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4
Signed by order of the Board.
THOMAS H. ELLIS, President. Richmond, April 30, 1849.
On motion of Mr. P. R. Grattan,
Resolved, That the report of the Directors be adopted, and that authority be granted them to act on the subjects therein contained as in their judgment may seem best,-provided, how- ever, that in selling the lots the sales shall be in the usual mode by single sections.
Resolved further, That the report and proceedings of this meeting, and the deed to the Trustees for the property, with any other documents appertaining to the Cemetery, deemed suitable by the Directors, be published in pamphlet form, under the instructions of the Board.
30
Historical Sketch of Hollywood Cemetery.
On motion of Mr. Samuel Reeve,
Resolved, That the Board of Directors apply to the Legisla- ture for an act of incorporation.
On motion of Mr. James C. Crane,
Resolved, That it be recommended to the Directors to make arrangements for such dedication services at the opening of the Cemetery as they may, after due consideration, deem expedient.
The following named Directors were then appointed for the ensuing year :
Thomas H. Ellis,
Wm. Henry Haxall,
Joshua J. Fry,
Corbin Warwick,
James H. Gardner,
Gustavus A. Myers,
Alexander Duval,
Henry Exall,
James C. Crane.
And then, on motion of Mr. Fleming James, the meeting adjourned.
The first interment was that of Frederick William Emrich, infant son of Mr. John Emrich, on the 1st day of July, 1848; on which occasion the burial service was conducted by the Rev. George Woodbridge, rector of the Monumental church, Rich- mond. The first monument erected in Holly-Wood was by Mr. Charles W. Purcell, to the memory of his little son, Charles, in May, 1851. The first head stone was by Mr. Oliver P. Bald- win, to the memory of his little daughter, Ann Louisa, in Sep- tember, 1850.
On the 25th of June, 1849, the dedication of the cemetery took place on the grounds in the presence of the President and Directors, several of the clergy, and a numerous assemblage of citizens, gentlemen and ladies.
The ceremonies were commenced with a prayer, by the Rev. James L. Reynolds, pastor of the Second Baptist church, Rich- mond, after which Oliver P. Baldwin, Esq'r, delivered a most appropriate address, replete with eloquence and pathos, and marked throughout by unusual beauty and purity of thought and language.
On the 12th of March, 1850, the second petition to the Legis- lature for a charter of the Company was rejected by an over-
31
Historical Sketch of Hollywood Cemetery.
whelming majority, although the committee on propositions and grievances had reported a bill for incorporation. The applica- tion was supported by a printed statement of the most promi- nent facts and reasons in the case, and also by a printed corre- spondence exhibiting the experience of similar establishments at the North, as well as by personal efforts and explanations of the President and some of the Directors and members of the Company.
Notwithstanding this continued opposition, however, the stockholders, in general meeting assembled, resolved unani- mously to persevere in their enterprise to its completion.
INCORPORATION.
At a meeting of the Stockholders held May Sth, 1856, the President submitted his annual report, of which the following is an extract : " The Board have the pleasure to announce that " at the last session of the Legislature, an Act was passed, with- " out opposition, incorporating the Holly-Wood Cemetery Com- "pany. A certified copy of the Act is herewith communicated : " and such proceedings are recommended as may seem to the " stockholders proper, to avail themselves of its provisions."
AN ACT INCORPORATING THE HOLLY-WOOD CEMETERY COMPANY, PASSED FEBRUARY 25TH, 1856.
Be it enacted by the General Assembly, that Thomas H. Ellis, William H. Haxall, James H. Gardner, Gustavus A. Myers, Corbin Warwick, Alexander Duval, Henry Exall, Joshua J. Fry, and Charles W. Purcell, their successors and associates, and such persons as may be hereafter associated with them, shall be and are hereby made and constituted a body politic and cor- porate under the name of the Holly-Wood Cemetery Company, subject to the provisions of the fifty-sixth and fifty-seventh chap- ters of the Code of Virginia, so far as the same may be appli-
.
32
Historical Sketch of Hollywood Cemetery.
cable and necessary for Cemetery purposes ; provided that at no time shall the real estate held by said Company exceed sixty acres.
The officers of said Company shall be a President, who shall be annually elected by the Company, and such other officers as the Board may deem necessary and proper, and whose duties shall from time to time be prescribed by the By-Laws, Rules and Regulations of the Company, the first election to be held on the sixth day of May, eighteen hundred and fifty-six.
No interest of a corporator in the property of the said Com- pany shall be subject in any way to the payment of debts, pass by insolvency, or into the hands of personal representatives, or be liable for taxes of any description, but the rights and interest shall remain in the families of each according to the course of descents.
No streets, lanes, roads, or alleys shall at any time be estab- lished or made over the said land or any part thereof without the consent of the Company, nor shall the same be condemned, or taken in any manner for any public use without such consent.
The grounds and improvements thereon, and all other pro- perty and things connected therewith belonging to the Company hereby incorporated shall for all police purposes be under the protection of and subject to the ordinances of the city of Rich- mond, and the mayor or any other justices of the peace of said city shall have jurisdiction concurrent with the justices and other officers of the county of Henrico, of all offences committed upon and within said grounds in the same manner as if done and committed within the city of Richmond.
This Act shall be in force from its passage.
State of Virginia, City of Richmond, to-wit :
I hereby certify that the foregoing is a true copy of an Act passed by the General Assembly on the 25th of February, 1856. Given under my hand this 21st April, 1856.
(Signed.)
ST. G. TUCKER, C. H. D., and keeper of the rolls of Va.
33
Historical Sketch of Hollywood Cemetery.
At the same meeting, (May 8th, 1856,) the following pream- ble and resolutions were adopted :
Whereas, the General Assembly of Virginia has by an Act passed on the 25th day of February, 1856, granted a charter of incorporation to the members of the Holly-Wood Cemetery Company,
Resolved, 1st. That the said Act of incorporation be accepted, and that the said Company be organized under the said charter.
2nd. That the members of the said corporation shall consist at present of the same persons which now constitute the mem- bers of the Holly-Wood Cemetery Company, and at any future period of such persons as would have hereafter become members of the said Holly-Wood Cemetery Company as provided in the by-laws of said Company.
3rd. That the officers of the said corporation shall consist of president and eight directors, to be chosen annually by the mem- bers of said corporation, in the manner provided by the by-laws of said Company, and shall continue in office until their suc- cessors are appointed ; and the said president and directors shall possess the authority and discharge the duties vested in and pre- scribed to them by the by-laws of the said Holly-Wood Ceme- tery Company.
4th. That the said Board of Directors shall appoint a secre- tary, and the powers of the president shall be the same as the powers vested in the president by the said by-laws.
5th. That the members of said corporation may from time to time amend, alter, or add to said by-laws as they shall deem ex- pedient, except, that whilst the members of said corporation consist of the share-holders of the property of said Holly-Wood Cemetery Company, they shall not have power to deprive the purchasers of lots in said Cemetery grounds of the rights secured to them by the fourth provision of the deed bearing date the 23rd day of April, 1849, by which the property of said Com- pany is conveyed in trust for the benefit of the members thereof. 6th. That the property of the said Holly-Wood Cemetery Company be conveyed by the surviving trustees in said deed to 3
34
Historical Sketch of Hollywood Cemetery.
the said corporation, to be held by the said corporation subject to the first, second, third, fourth, fifth, and ninth trusts declared in said deed, and the said corporation shall assume the debts, liabilities and contracts of the said Holly-Wood Cemetery Company.
DIRECTIONS TO PURCHASERS OF LOTS. 1
Persons wishing to purchase lots in Holly-Wood Cemetery will apply to the superintendent, who may always be found at his office near the entrance gate, who has maps in his possession of all the sections and different lots, and will accompany the purchaser, show the vacant lots, and aid in making selections.
After having made a selection, the purchaser will please see that the number, section, size and price are properly entered by the superintendent in his book, which will be exhibited to him for that purpose. The purchaser will sign his name to the ticket, which is to be retained in his book, and receiving then a duplicate ticket, will take that to the Treasurer of the Company, and upon payment of the stipulated price the Treasurer will issue a certificate of title. And in no case is the superintendent authorized to open a grave unless the title accompanies the application.
The conditions of sales in every case is for cash.
FORM OF TITLE.
No. ,
Holly-Wood Cemetery, Section, -- Lot, No. This is to certify that is the lawful owner of Lot No .- -, Section , containing superficial feet in the Holly-Wood Cemetery, according to the plan thereof, surveyed by Joseph J. Pleasants, and now in the possession of the Holly-Wood Cemetery Company, which lot is held by the said , with the rights and privileges conferred by the Act of Incorporation of the said Holly-Wood Cemetery Company, passed February 25th, 1856,
35
Historical Sketch of Hollywood Cemetery.
and subject to the regulations adopted from time to time by the stockholders consistent therewith.
Witness the hand of the President and the corpo-
[Seal.] rate seal of the Holly-Wood Cemetery Company on this day of ---- , 18 -.
-, President.
Treasurer.
TO COUNTRY FAMILIES.
Since communications with Richmond have become so nu- merous by rail and water, persons in the country might purchase burial lots here instead of using their own fields, which, among the mutations of property in Virginia, are so liable to be ploughed over by subsequent proprietors. Some purchases of this kind have been made, but it is surprising that they have not been more numerous. How infinitely more appropriate it would be to make these arrangements deliberately whilst in health, than to impose them upon friends after death, when they must neces- sarily be made hurriedly and in the midst of distress.
ENCLOSURES.
The opinion of many lot owners having changed in regard to enclosures since the adoption of the Rules and Regulations of the Company, the Directors now recommend all purchasers of new lots, as well as the present owners of lots who have not yet made their enclosures, to dispense with the old system of iron fences and use granite curbing exclusively. This will be found more durable, less expensive, and far more attractive to the eye.
MONUMENTS.
Every person visiting our cemeteries cannot fail to observe the large number of monuments which are in bad condition. This is owing to neglect in preparing the foundations. No monu- ment should be erected unless the foundation commences from
36
Historical Sketch of Hollywood Cemetery.
the bottom of the grave, bricked with an arch to cover the sar- cophagus or coffin.
Every contractor to furnish a monument should, for his own reputation, require a foundation to be constructed so substantial that the structure would never tip or tumble down. There is no one, who for a moment reflects, that will not readily concede that when the pine box which receives the sarcophagus or coffin, decays, the ground will give way, and the monument thus unpro- tected becomes displaced.
PRESERVATION OF THE RECORDS.
The greater number of the books and papers of the Company having been destroyed by fire on the 3rd of April, 1865, and in consequence thereof no proper record of the accounts and pro- ceedings of the Company being in existence, the Board of Directors, at a meeting held on the 19th of December, 1867, contracted with Col. Thomas H. Ellis, the President, to record in a suitable book from the originals in his possession, the title deeds to the property of the Company, the proceedings of the stockholders and of the President and Directors, and such other documents as he might deem appropriate to record, from the organization of the Company.
This duty was discharged by the President, who laid before the Board, on the 2nd of May, 1868, a record written by himself, which was received and approved, and the unanimous thanks of the Board were tendered to Col. Ellis for the full and highly satisfactory manner in which he executed this laborious work.
And at a meeting of the stockholders held the same day, the By-Laws were amended so that a majority of shares represented by such of the original subscribers as may be living at the time shall constitute a quorum for the transaction of any business of the Company. At this meeting of the stockholders, (May 2nd, 1868,) the President and Secretary were authorized, upon satis- factory proof of the loss of the original certificate of title issued by this Company, to issue a duplicate certificate.
37
Historical Sketch of Hollywood Cemetery.
On the 25th of May, 1870, Col. Ellis resigned his office of President of Holly-Wood Cemetery Company, after a service of twenty-one years, (having been elected May 1st, 1849.)
His resignation was accepted, and the following resolution was unanimously adopted by the Board of Directors at a meet- ing held October 7th, 1870 :
"Resolved, That by a change of residence of Col. Thomas H. Ellis, late President of Holly-Wood Cemetery Company, from this city to Chicago, we have lost a most valuable officer, who by his assiduity, efficiency and urbanity, not only preserved the esteem of his associates, but won the kindest regards of all those with whom, in the discharge of his official duties, he was brought in contact."
The Directors cannot part with Col. Ellis without expressing upon their records their grateful sense of the services he has ren- dered to the Company. For twenty-one years he has acted as the President of the Company, without compensation, and dur- ing all that period he has labored indefatigably and successfully to advance its prosperity ; and now in the perfection of its plan and the beauty of its execution, and in its complete and thorough organization under a charter so long refused, we have the evi- dence and the results of his earnest and persevering attention and labor. The Directors and the Company must ever remem- ber his long, faithful, efficient and gratuitous services with grati- tude, and their thoughts will follow him to his new field of labor with earnest wishes for his success.
Whilst, however, the Directors would express warmly their high admiration of the services rendered to the Company by Col. Ellis, they think they have been able to fill the position which he so long occupied, by the appointment of a gentleman worthy to succeed him, Wm. H. Haxall, Esq., who was one of the earliest originators of the scheme, and has been an earnest advocate of it from its incipiency to the present hour.
It is a fundamental law of Holly-Wood Cemetery Company that all money received shall be applied to the preservation and improvement of the Company's grounds and buildings. There exists an impression in the minds of many persons, even in our
38
Historical Sketch of Hollywood Cemetery.
own midst, who should be better informed, that this Company is a joint stock association, declaring annually large dividends to its stockholders. Such a conclusion is grossly unjust to its originators and to those who have it at present in charge. On the contrary, we can assure the public that every dollar of its receipts, except what may be necessary for salary of the Super- intendent, wages of laborers, occasional services of a clerk, and a small salary to the Secretary and Treasurer, is devoted to the preservation and perpetuation of the improvements already made, and the further embellishment of the grounds. No officer of the Company ever received one dollar of compensation for services prior to 1862, and since then only to the Secretary and Treasurer has a small salary been allowed. The investments derived from the sale of lots, after the payment of the money borrowed by the Company before the war, in city and State securities, were converted into Confederate bonds soon after the commencement of the war, with the desire to obtain a better interest, and under the common belief that should the cause in which we were engaged prove unsuccessful, all bonds of every description would share alike. In addition thereto, as almost every family in the city had one or more of its members in the army, and all looking to some disaster, a very large number of lots were sold and paid for in Confederate money.
Owing to the loss of funds occasioned by the war, and the fact that so many lots had already been disposed of, it became a subject of grave consideration how resources should be obtained sufficient to meet the annual expenses and enable the Company to reserve the amount received for sale of lots to be applied as originally contemplated, i. e., for the erection of a permanent enclosure of the grounds. Several schemes were proposed, one of which was to assess annually a small sum to be collected from each lot-owner. This would have been equal and proper under the circumstances but for the difficulty of making the collections. The President and Directors therefore thought it would be best to call a meeting of the owners of lots in the Cemetery and have the subject submitted for their consideration for the purpose of recommending the best course to be pursued.
39
Historical Sketch of Hollywood Cemetery.
Accordingly, notice was given in the daily papers inviting a general meeting of all owners of lots in Holly-Wood Cemetery, then numbering about 1,500.
This meeting took place on the 16th of July, 1868. Gus- tavus A. Myers was elected Chairman and Samuel W. Har- wood Secretary.
Three resolutions were introduced by Col. Christopher Tomp- kins.
1st. That it is eminently proper that suitable enclosures should be constructed around the Holly-Wood Cemetery grounds.
2nd. That a committee of 15 be appointed to consider the subject and to report to a meeting of the lot-holders, to be held on the first Monday in October next, such measures as they may recommend.
3rd. That the said committee be appointed by the chairman.
When the following persons were appointed :
Christopher Q. Tompkins, Emil O. Nolting,
Joseph R. Anderson,
John C. Shafer,
Robert Edmond, Wm. E. Tanner,
George A. Barksdale,
Wm. H. Christian,
John Purcell, Anthony Bargamin,
Sam'l W. Harwood, Robert Archer,
S. Horace Hawes,
William G. Ferguson,
Charles H. Dimmock.
On the first Monday of October, so few assembled, that an adjournment was agreed upon, and on the day fixed by adjourn- ment to meet again, only two or three of the lot-owners were in attendance.
After due consideration the Board of Directors decided to grade and bring into view for sale the unsurveyed portions of the grounds, and increase the tariff for interments. They also passed a resolution that no portion of the money received for the sales of lots should be appropriated to any other purpose than the establishment of an interest-bearing fund to be applied as heretofore indicated.
40
Historical Sketch of Hollywood Cemetery.
This explanation, it is hoped, may serve to show why it became necessary to charge more for lots than the original valuation, and higher fees for burials, and free the Company from the aspersion of making Holly-Wood, as it has been said, only a burial place for the rich. It may be proper to state in this connection that nearly three acres of the Cemetery property were turned over to the Confederacy, in which repose the re- mains of (7,557) seven thousand five hundred and fifty-seven soldiers ; the Company having never received any compen- sation for the same; also, that no application for burial free of charge has ever been made by the friends of a deceased poor person and refused.
On the 9th of May, 1862, at a meeting of the stockholders, it was resolved that the offices of Secretary and Treasurer should be united, and that the salary of the Secretary and Treasurer should be fixed at $300 per annum; also, that before entering upon his duties he shall be required to give bond and good secu- rity in the penalty of $5,000, conditioned upon the faithful per- formance of all the duties of his office.
It was resolved unanimously that the thanks of the stockhold- ers be, and are hereby presented to James H. Gardner, for the prompt, faithful, and acceptable manner in which for thirteen years he has gratuitously performed the important and respon- sible duties of Treasurer of this Company. At the same meet- ing it was resolved, as one of the By-Laws on permanent regu- lations of this Company, that hereafter no person convicted of crime, and who suffers death in consequence thereof according to the laws of Virginia, shall be buried in the Holly-Wood Cemetery.
41
Historical Sketch of Hollywood Cemetery.
AMENDMENT OF THE CHARTER.
On the 30th April, 1874, the Legislature passed the following Act amending the Company's charter :
Be it enacted by the General Assembly, that the first and second sections of the Act entitled "An Act incorporating the Holly-Wood Cemetery Company," passed the 25th February, 1856, be amended and re-enacted as follows :
1. Thomas H. Ellis, Wm. H. Haxall, James H. Gardner, Henry Exall, Corbin Warwick and Charles W. Purcell, their associates and successors, and such persons as may hereafter be associated with them, shall be a body politic and corporate under the name and style of the Holly-Wood Cemetery Com- pany, subject to the fifty-sixth and fifty-seventh chapters of the Code of Virginia, and any amendments thereof since made, so far as the same may be applicable and necessary for cemetery purposes : provided, that at no time shall the real estate held by such Company exceed one hundred acres.
2. The officers of the Company shall be a President, who shall be annually elected by the Company, as many Directors as may be fixed by the By-Laws, who shall also be elected annually by the Company, and who may be chosen either from the stockholders or the owners of lots in the Cemetery, and such other officers as the Company may direct, or the Board of Directors may deem necessary, and whose duties shall be prescribed by the By-Laws, Rules and Regulations of the Company. Whilst the share- holders are the corporators of the Company, a majority of those living in the city of Richmond and the counties of Henrico and Chesterfield shall constitute a quorum for a general meeting ; and when the owners of lots in the Cemetery become the cor- porators, thirty shall be sufficient to constitute such quorum.
This Act shall be in force from its passage.
A copy from the rolls. (Signed) J. BELL BIGGER,
Clerk of House of Delegates and Keeper of the Rolls of Va. May 13, 1874.
42
Historical Sketch of Hollywood Cemetery.
PROTECTION OF THE CEMETERY.
Extract from city ordinances concerning injuries to real pro- perty. Chapter 55.
SEC. 2. If any person shall wilfully destroy, injure, or in any manner deface any grave, tombstone or monument in any public or private cemetery in this city, or if any person other than the owner shall wilfully destroy, injure or deface any fence or enclosure thereof, or any tree, shrub or flower, or any other thing within such cemetery, he shall be fined not less than two hundred nor more than five hundred dollars, or if the fine be not paid, imprisoned for not less than thirty nor more than ninety days. And if any person other than the owner shall pluck, take or remove from such cemetery any flower, wreath, vine, plant or other ornament, he shall be fined not less than five dollars nor more than one hundred dollars, or if the fine be not paid, imprisoned for not less than thirty nor more than ninety days.
SEC. 3. The superintendent, assistant superintendent and steward of the city almshouse, and the keepers and assistant keepers of all cemeteries, public buildings, parks or enclosures within the city are vested with the powers of policemen of said city, so far as the limits of their respective cemeteries, buildings, parks or enclosures are concerned.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.