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History and Genealogy
of
Delaware County Iowa

 

Delhi Burial Ground

AN ACT to authorize the selling of a tract of land now used as a burial ground in the town of Delhi, Delaware county, and to provide for the removal of the dead therefrom, and for the purchase and improvement of another place of burial.

Sell Out-lot in Delhi

Section 1. Be it enacted by the General Assembly of the State of Iowa, That the county treasurer of Delaware county, is hereby authorized and empowered to sell at private sale or at public vendue, as in his discretion he shall deem best, and in such parcels as he shall deem advisable, and for cash in hand, out-lot No. one (1) one in the town of Delhi, in said county, and to receive all monies arising from said sale, which monies shall constitute a fund to be devoted to the purpose of carrying into effect the requirements of this act, and to no other purpose whatever; and said treasurer is required safely to keep the same until they shall be drawn from his hands in the manner hereafter required.

Time of Sale

Sec. 2. The said treasurer shall proceed to make such sale as soon as the same can conveniently be done, without sacrifice, after the passage of this act; but no delay on his part, from whatever cause the said delay may arise, shall render invalid any sale made by him pursuant to the first section of this act.

Purchase Burying Ground / Apply Sale of Lot in Payment

Sec. 3. The county judge of said county shall be, and he is hereby appointed a commissioner, whose duty it shall be, and he is hereby authorized and required, as soon after the treasurer of said county shall have sold the aforesaid lot as may be, to select and purchase, or procure, or receive by donation, and lay out in such manner as he shall deem expedient, such quantity of land as be shall deem requisite and proper: Provided, the same shall not be less than five acres, to be used as a public burial ground, to procure the conveyance of the same, to be made to the county judge of said county, and to his successors in office forever, in trust, for the people said county, for the purpose of being used by them as a public burial ground, and for no other purpose whatsoever; and to improve such lands so far as the funds arising from the sale of out-lot No. one (1) as

herein provided for, will do so, after paying the purchase money, if any, and other expense incident to the purchase of said land, or to receiving the same by donation, and the expenses of removing the dead from said out-lot No. one (1) and re-interring them on the land to be bought as aforesaid, and for the payment of the purchase money of the land to be bought as aforesaid, the improvement of the said land, the incidental expenses above mentioned, and the expenses incident to the removal and re-interring the dead, the said county judge is hereby empowered to draw on the treasurer aforesaid, from time to time, to the amount of the funds arising from the said sale of out-lot No. one (1), but for no more, by warrants under his hand, as county judge and ex-officio commissioner, specifying in said warrant or warrants, the purpose to which the money so drawn for is to be applied, or for what it is in payment, as the case may be.

Remove Dead

Sec. 4. The said county judge shall be, and is hereby authorized to remove, to the land to be procured by him as herein provided, from said out-lot No. one (1), the bodies of all such persons as are or shall have been buried there, and still remain there after the expiration of three months from the date of the conveyance of said land to be procured by him as aforesaid, and to cause them to be decently interred, preserving and erecting at the new place of burial, all monuments, tombstones, slabs, or other memorials, which shall be found placed near the graves from which said bodies shall be so removed.

Location

Sec. 5. The land to be procured as provided in the third section of this act, shall be located in the vicinity of the said town of Delhi, at a distance of not more than two miles from the bounds of the corporation of said town.

Sec. 6. This act shall take effect from and after its publication in the Delhi Republican, and the Iowa City Republican.

Approved January 28, 1857.

I certify that the foregoing act was published in the Iowa City Republican

Feb. 17, 1857.

Elijah Sells,

Sec'y of State.

[Acts, Resoulutions & Memorial, Regular Session, Sixth General Assembly, Iowa, 1857]
Submitted by Cathy Danielson



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