An Ordinance Regulating the Burying Ground in Marietta

The Marietta Gazette, July 2, 1837

Section 1. Be it ordained by the Town Council of the Town of Marietta, That the Town Council shall cause to be re-surveyed and laid out as far as practicable, the Burying lots in the Mound Burying Ground, in such manner as shall most nearly conform to the original survey of the lots, and make such improvements as to save all the ground that can consistently with economy and convenience be occupied for graves. It shall be the duty of the Surveyor to cause to be marked the lines of all the lots, by stakes or trenches, and to record a plot of the same in his book of town surveys, and also to furnish the sexton with a copy of the same.

Section 2. Be it further ordained, That there shall be appointed by the Town Council annually, a Sexton, whose duty it shall be to take charge of the Burying Ground under the direction of the Town Council, and superintend the same, record the selections of burying lots taken up by families, and the repository of individuals; attend and assist at funerals, and locate the graves of individuals and strangers so as not to interfere with the family burying lots. He shall cause all graves to be dug as near each other as possible without opening the previously dug graves; shall place the head of all graves on the head line of the lots, so as to observe an uniformity in all the lines of graves, and shall cause them to be dug five feet in depth, and shall have charge of all the funeral apparatus belonging to the Town; and it shall be unlawful for any person or persons to enter upon the burying ground to dig a grave or graves, until it shall have been previously located by the Sexton (under the penalty of forfeiting two dollars for the use of the town, and all necessary expenses for removing any corpse that may be buried contrary to the law) excepting those who have already lots set off to them. And when the term of office of the Sexton shall expire, he shall deliver up all the books and papers relating thereto to his successor in office.

Section 3. Be it further ordained, That if any person shall pull down, break, or injure the fences which enclose the burying ground, or any part of the same, or any palings, wall, or other enclosures of the burying lots, or shall cut, girdle or otherwise injure any tree situated in said burying ground, or shall break, injure or destroy any monument therein, he, she, or they so offending shall for each offence, forfeit a sum not exceeding fifty dollars, to be collected according to law.

Section 4. Be it further ordained, That in case of the absence or sickness of the Sexton it shall be lawful for him to appoint a deputy to be approved of by the Mayor, who shall be governed by the same laws and rules as are made for the Sexton, and he shall continue in office during the absence or inability of the Sexton. The fees of the Sexton for his services shall be regulated by a resolution of the Town Council.

Section 5. Be it further ordained, That that part of the burying ground which has been heretofore reserved, with the exception of one tier of lots already in part occupied by graves, thence all in front of said tier of lots to Fifth street, be, and the same is still reserved and shall not be taken up and occupied for graves.

Section 6. Be it further ordained, That no person be hereafter permitted to enclose a space for a family burying place without paying a reasonable compensation for the same.

Section 7. Be it further ordained, That the friends of strangers wishing to have their friends buried in the ground, pay two dollars for each grave for that privilege; and that all others be buried in the old burying ground; and that all persons residing without the limits of the township of Marietta be placed upon the same footing as strangers.

Section 8. Be it further ordained, That the ordinance passed the 8th day of August 1831, with all other ordinances on the subject of the burying ground and the same hereby are repealed.

This ordinance to take effect and be in force from and after the 1st day of August, 1837.

Passed June 28, 1837.

R. Prentiss, Chairman.

Thomas W. Ewart, Recorder.