Village of Hyde Park v. Oakwoods Cemetery Ass'n

Citations

• 119 Ill. 141

Syllabus

<p>1. Exempting cemetery grounds from the control of the municipality in respect to highways—the charter of a cemetery association construed.. An act amending the charter of a cemetery association provided that “no road, street, alley or thoroughfare shall be laid out or opened through” its grounds, “or any part thereof,” without the consent of its directors: Held, that the word “through,” was intended to mean the same as the word “over,” and the object was to prevent any part of the lands from being taken for road or street purposes.</p> <p>2. Same—effect of the general -Incorporation act of 1872, as operating to repeal such an exemption previously granted. An act amendatory of the charter of a cemetery association, passed in 18G7, gave the board of directors power to make improvements in the cemetery, or the streets adjoining the same, as they might deem proper, etc., and authorized the association to acquire lands, and subdivide the same into lots, and provided as follows: “And no road, street, alley or thoroughfare shall be laid out or opened through said grounds, or any part thereof, without the consent of the directors; nor shall any corporation now existing or hereafter created, be authorized to take, hold or possess any portion of said cemetery, by condemnation, without such consent.” Tho act of 1872 gave the power to village trustees to “lay out, establish, open, alter, widen, extend, grade, pave or otherwise improve streets,” etc., within their corporate limits. The cemetery grounds were within a village incorporated under the act of 1872: Held, that the exemption given to the association was not repealed by the general Incorporation law of 1872, but that the two acts might stand together.</p> <p>3. In such case, under the general law, all roads and streets in the village were placed under its control, except the lands of the association, and as to them, tho association had the exclusive control.</p> <p>4. Repeal of statutes—by implication. In the construc