A History of the Old Burying Ground As Contained in the Case of the Attorney-General Against the City of Newark, 1888
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The design of the donor was to provide a place of burial, not for one or two generations, of the inhabitants of this city, but for all future generations. 62 But tliis cemetery has long since ceased to be used as a place of sepulture ; such a use of it has been and is now forbidden by law. It is a cemetery of the past ; a place where the bodies of a bygone generation repose. The question would be whether this tract of land should be for all time to come devoted to this limited use. Such, obviou...sly, was not the intention of the donor. The in- habitants of the city who are the beneficiaries of the charity, through their duly constituted authorities, would stand before the Court showing that the devotion of the land to its present purpose is, taken as a whole, not a benefit, but a serious detriment to the public ; and that it is reasonable to remove the bodies in this yard to a more suitable place to be provided out of the city treas- ury, and thus effectuate that part of this charity that only is susceptible of being carried out.
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