INCORPORATION OF POSTVILLE CEMETERY ASSOCIATION, H. F. 102
AN ACT legalizing the incorporation of the Postville cemetery association and the acts and proceedings thereof, particularly with reference to the title to real estate acquired by the said cemetery association in the transaction of its business.
WHEREAS, On the 24th day of March, 1860, one T. Stiles, and certain other persons, did organize and incorporate themselves into "A corporation other than for pecuniary profit," under the name and style of the "Postville Cemetery Association", for the purpose of establishing a cemetery for the use of the community in and contiguous to the town of Postville, in Allamakee county ; and,
WHEREAS, The articles of incorporation of said Postville cemetery association recites that such corporation was formed "For the purchase of two acres of land in the county of Clayton, and preparing, fencing and disposing of same for cemetery purposes only"; and,
WHEREAS, The said Postville cemetery association upon its organization acquired the two acres of land contemplated by the organizers thereof at the time of the adoption of its articles of incorporation, and has continued as a cemetery association in the ownership, control and management of a cemetery in Clayton county near Postville, Iowa, from the time of its organization to the present time; and,
WHEREAS, For the purpose of keeping, maintaining and enlarging such cemetery, the said association has from time to time acquired other tracts of land in addition to the two acres of land originally procured by it, and contemplated in its articles of incorporation ; all of which said land has been used by said association for the improvement, addition to, and enlargement of its cemetery, and has been acquired by the said association in good faith, and with the belief that it was authorized to acquire, own and hold said real estate under and by virtue of its articles of incorporation ; and,
WHEREAS, Doubts have arisen as to the validity of the articles of incorporation of the said Postville cemetery association, and the validity and legality of its title to the real estate acquired by it subsequent and in addition to the two acres of land first procured and owned by said association; therefore,
Be it enacted by the General Assembly of the State of Iowa:
SECTION 1. Incorporation and acts legalized pending litigation.
That the articles of incorporation of the Postville cemetery association are hereby declared to be valid, legal and sufficient to constitute said Postville cemetery association a corporation other than for pecuniary profit under the laws of the State of Iowa; that the title to all lands purchased or otherwise acquired by the Postville cemetery association since it was organized, or that it may hereafter acquire under its present name and style, is and shall be a valid, legal title in the said Postville cemetery association; and that the said Postville cemetery association takes the title to said land the same as though its articles of incorporation had complied with the law in all respects, and there had been no limitation therein as to the amount of land which said association might acquire and own for cemetery purposes; and that said association has the right to transfer the tile to such land to any successor thereto, or to any corporation that may be brought into existence by the re-organization or re-incorporation of the said association. Provided, that nothing herein contained shall in any way affect pending litigation.
Approved February 14, A. D. 1906.
~source: Acts and Resolutions Passed at the Regular Session of the Thirty-First General Assembly of the State of Iowa began January 8, and ended April 6, 1906; Chapter 256
~transcription by S. Ferrall
Cemetery Association meetings & announcements from the local papers were published throughout the years ....
~unless otherwise credited, transcriptions are by S. Ferrall
|1878 - The
annual meeting of the Postville Cemetery Association, for
the purpose of election of officers and the transaction
of other proper business, will be held at the Postoffice
in Postville, on Friday, April 12, 1878, at 1 o'clock
P.M. All cemetery lot owners are members, and entitled to
By order of the President
A.R. Prescott, Sect'y
|1892 - The
annual meeting of the Postville Cemetery Association, for
the election of officers and the transaction of other
business, will be held at Luhman & Sanders' store at
8:00 o'clock, P.M. Saturday, March 26, 1892.
A.W. McDonald, Sec'y
|1901 - At
the annual meeting of the Postville Cemetery Association,
held March 30, the officers were re-elected, viz: W.I.
Chase, president; A.R. Prescott, secretary; J. McEwen,
treasurer; J. McEwen, John B. Hart and Chas. Skelton,
trustees; Mrs. M.O. Roberts, Mrs. J. Sanders and Mrs.
Hecker, auxiliary trustees. A tax of $1 per lot without
regard to size, was voted, and W.I. Chase made committee
to improve the grounds. Treasury balance on hand, $20.65.
1904 - The annual meeting of the
Postville Cemetery Association was held at the office of
Wm. Shepherd last Monday evening. The following officers
were elected for the ensuing year: President, W.I. Chase;
Secretary, A.R. Prescott; Treasurer, James McEwen;
Trustees, John aters, John Sanders, Hall Roberts;
Auxilliary trustees, Mrs. M.O. Roberts, Mrs. Jessie
Sanders, Mrs. Carrie Cornell; Sexton, Chas. Ohloff. The
trustees report having purchased Gass and Thoma's
addition to the cemetery for $300. The treasurer's report
shows receipts for the past year were $186.61 and
disbursement $197.70, leaving an indebitness of $11.09.
1906 - President Chase of the Postville Cemetery Association wishes us to announce that the usual assessment of $1.00 per lot, for improvement and care of cemetery, was levied against each lot owner at the annual meeting of the board. The same is due and payable to the treasurer, James McEwen, at the Citizens State Bank, on or before June 1, 1906.
- Notice fo Forfeiture. To the following named members
and lot owners of the Postville Cemetery Association of
Postville, Iowa. You and each of you are hereby notified
that you have failed to pay and are now indebted to said
Association for the assessments against your said Lot for
the years 1905, 1906 and 1907, and that in case you fail
to make payment of said assessment within 60 days from
the service upon you of this notice by publication of the
same in the Postville Review, of Postville, Iowa, all
your right, title and interest in and to all the
unoccupied part of your said Lot shall revert absolutely
to said Association as provided by the laws, by-laws and
resolutions of said Association.
|1914 - At
the annual meeting of the Postville Cemetery Association
held Saturday evening last the following officers were
elected for the ensuing year:
President, Hall Roberts
Treasurer, L. S. McEwen
Secretary, Wm. Shepherd
Trustees, H. S. Luhman, F. S. Burling, Geo. W. Goetz
Auxilliary Trustees, Mrs. Hall Roberts, Mrs. John Sanders, Mrs. F. H. Welzel
~Postville Review, March 27, 1914
~contributed by Reid R. Johnson
- Notice to Owners of Lots in Postville cemetery and in
German cemetery. At a special meeting of the trustees of
the Postville Cemetery association they made amendments
to the by-laws as follows:
|1931 - At a recent meeting of the Postville Cemetery association, W.H. Weighner was elected sexton for the ensuing year.||1941 - Postville Cemetery Association held its annual meeting last Thursday evening at which time the following officers were elected: President, A.C. Webster; Secretary, L.O. Koevenig; Treasurer, L.O. Beucher; Trustees, Fred Benjegerdes, Fred Miller and Fred Luhman. The association again engaged Ed Nelson as sexton and decided to carry out an improvement program this year which will include the opening of another tier of lots formerly utilized for a little used driveway, and the sexton will with the cooperation of lot owners straighten headstones and monuments in the cemetery.|