ORGANIZATION OF THE LIBERTY PARK CEMETERY ASSOCIATION

In view of the fact that Liberty Park Cemetery being owned and controlled
by private parties, who had not, and who could not have power to organize and put
in proper shape said grounds for burial purposes, or give to the same inattention
and care which would be desired or demanded by the community, the question has
been frequently agitated and considered in various ways tending towards some
better method or plan which would change the present existing condition of chaos
to one more in keeping with the desires and ideas of an enlightened community.
Realizing that at best it would take years to properly beautify and arrange any
grounds in a manner satisfactory, appropriate and fitting as the last resting place of
friends and kindred of the people of this village and neighborhood, it was finally
decided to call a public meeting, to be held in Bloods Opera House, December 26,
1891; and in response thereto, a meeting was held on that date, and called to order
by M. B. Jones, who stated the object of the meeting, and moved that Rev. C. W.
Minor act as chairman, and Albert Ten Eyck was elected secretary.
After remarks favoring incorporation by J. W. Willson, W.J. Manley, E. L.
Johnson, F. J. Keeler, J. H. Jewell, M. B. Jones and D. W. Keeler, the following
committee was appointed to look up the question of incorporation, and report at a
future meeting some plan of organization.
Committee-M. B. Jones, D. W. Keeler, E. L. Johnson, H. B. Rich, H. L.
Moench, Wm. Pflueger, F. J. Keeler, J. H. Jewell, H. C. Rich and A.Ten Eyck.
The above named committee, or a majority there of, met pursuant to
agreement at Nash and Willson's office, Bond 29th day of December, 1891, and
then and there favored the plan of forming a stock company, and a paper was
drawn up as follows:
we, the undersigned, for the purpose of procuring sufficient funds for the
purchase of the Liberty Park Cemetery in forming a Corporation for the care and
management of the same, hereby promise and agree to take the number of shares of
stock set opposite our respective names; said shares to be of the par value of $10
each.
There shall be not less than 100 shares of said stock.
Dated, Cattaraugus, New York, December 29, 1891

CERTIFICATE OF INCORPORATION
This is to certify, that pursuant to Section 1, chapter 133 of the laws of 1847,
and the acts amendatory thereof, the following named persons met at the law office
of Nash, Rich and Willson, in the village of Cattaraugus, County of Cattaraugus,
and State of New York, for the purpose of forming an association for the purpose
of procuring and holding lands to be used as a cemetery or place of burial of the
dead, to wit:
William Pflueger, James H. Jewell, H. C. Rich, Frank S. Oakes, C. Moench ,
Henry Moench, A. Ten Eyck, H. B. Rich, J. H. Herrick, D. W. Keeler, Frank J.
Keeler, S. M. Herrick, William Dedrich, William Horning, Henry Young, George
Schaich, Jacob Pflueger, A. J. Phillips, A. Pauschen, Peter Miller, F. Van Aernam,
A. Sigman, H. W. Hinman, H. Finch, Melzar B. Jones, r. H. Maltbie.
That by a vote of image ordeal those present, H. C. Rich was appointed
chairman, and D. W. Keeler was appointed secretary. That the Corporation named
of said Association, as determined by Amy Geordie vote of those present, is THE
LIBERTY PARK CEMETERY. That the number of trustees of said Association is
nine. That the trustees of said Association were thereupon elected by ballot, and
the names of said trustees are as follows: William Pflueger, F. S. Oakes, J. H.
Jewell, D. W. Keeler, M. B. Jones, R. H. Maltbie, H. B. Rich, Henry Moench, and
Albert Ten Eyck.
That immediately after such election, the chairman and secretary divided
said trustees by lot into three classes. That J. H. Jewell, the. W. Keeler and H. B.
Rich were chosen as the first class to serve for the term of one year; William
Pflueger, R. H. Maltbie and Albert Ten Eyck were chosen as second class to serve
for a term of two years; and F. S. Oakes, M. B. Jones and Henry L. Moench were
chosen as the third classes serve for the term of three years.
That it was determined by a majority vote of those present that the annual
election of trustees of said Association shall be held on the first Monday of
February of each year, at one o'clock in the afternoon, at a place to be determined
by the trustees.
Dated, February 1, 1892 D. W. Keeler, Secretary, H. C. Rich,Chairman
State of New York,
)
) ss.
Cattaraugus County, )
On the first day of February, 1892, before me, the subscriber, personally
came H. C. Rich and D. W. Keeler, to me known to be the same persons mentioned
in and who executed the foregoing certificate, and duly acknowledged that they
executed the same. Sworn to before me this first day of February 1892,
J. M. Willson, a notary public.

LAWS, RULES AND REGULATIONS

of the
LIBERTY PARK CEMETERY ASSOCIATION
Section 1. According to the charter, the annual election for trustees of the
Liberty Park Cemetery Association must be held at Cattaraugus, on the first
Monday in February, at 8:00 PM, in each year. Public notice of such election shall
be given through the columns of the village paper at least two (2) weeks before
said election; also three (3) notices shall be posted in public places in the said
village of Cattaraugus by the Secretary.
Amendment February 7, 1970 page 167
annual meeting date changed from the first Saturday in February to the first
Saturday in June. June 4, 1977 page 182 annual meeting date changed from the
first Saturday in June to the second Monday in June. June 14, 1983 page 201
annual meeting date changed from the second Monday in June to the first Tuesday
in May.
Section 2. The Trustees shall hold a meeting on the day of the annual
election, or within 10 days thereafter, at which time they shall elect from their
number a President, a Vice-President, Secretary, Treasurer, and appoint a
Superintendent, assistant Superintendent, a Sexton and assistant Sexton.
amendments-membership
September 9, 1963 page 140 decreasing board membership from 9 to 7. September
5, 1969 page 163 decreasing the board membership from 7 to 5 and that it consists
of president, vice president, secretary treasurer and two trustees.
July 9, 2012 page 273 increasing the board membership to 9 broken up to 3 in
each class.
Section 3. The President shall preside at all meetings of the Trustees, and
shall call meetings of the board whenever he shall deem it necessary or whenever
requested to do so by two of the trustees. In his absence the Vice-President shall
preside, and in the absence of both, the board shall fill the vacancy pro tem.
ORDER OF BUSINESS
At all meetings the order of business shall be as follows:
1. Reading and approving minutes of the last meeting.
2. Report of committees
3. Communications, notices and bills.
4. Motions and resolutions.
5. Miscellaneous business

Section 4. The Secretary shall keep all minutes of the Board of Trustees and
all books of registry and records.
Section 5. The Treas. shall receive all monies due the Association, and
payout the same on the order of the President, countersigned by the secretary. He
shall render an account of the state of the finances of the Association for each year,
to be exhibited at the annual meeting, and to the Board of Trustees whenever
requested so to do. He shall also have custody of the seal of the Association, all
books of accounts, title deeds, receipts or vouchers, and all papers and documents
of every kind pertaining to the financial affairs of the Association, and shall be
required to give such bonds as may be required by the said Board of Trustees.
Amendment The Treas. shall receive all money due the cemetery
Association, keep accounts payable and investment records, file annual reports
with state Department of Cemeteries. Have custody of a seal and give bond
required by debtors.
-amended to read
Treas. shall receive all monies due the Association, shall pay accounts payable
promptly, shall invest and reinvest both restricted and unrestricted funds to the
best advantage for the Association.
Section 6. The Superintendent shall be charged with the general care of the
grounds, under the direction of the Board of Trustees, and have custody of all the
property of the Association which may be on the premises, and discharge the
duties of general Superintendent. It shall be his duty to see that all plans for
improving and embellishing the cemetery are carried out, and generally to take
care that the provisions of the laws of the state applicable to cemeteries, and the
by- laws and regulations of the Association are enforced. It shall have a map of the
cemetery grounds, there avenues, walks and the lots, with their numbers, and shall
cause the boundaries of the lots, avenues and walks to be preserved. And it shall be
his duty to show to anyone desiring to buy lots there in, any unsold lots, and
bargained for the sale thereof, and shall notify the secretary, giving full description
of the lot or lots so sold and the agreed price.
Amendment Section 6
The superintendent of under direction of the Board of Trustees shall:
A) have custody of all the property
B) have general care and maintenance of grave sites
C) have maps showing the lots, avenues and walkways
D) show prospective purchasers unsold lots
E) notify the secretary of any and all sales with separate description of plot and
price

F) sees the laws of the state of New York Cemetery Bureau are carried out.
Section 7. Any lot owner or stockholder who shall feel aggrieved by the
action of the superintendent in the laying out or grading of lots, borders or avenues,
or in setting of trees and shrubbery in or around a lot, may appeal to the Board of
Trustees, the decision of a majority of home shall be final. All appeals to the
trustees must be made in writing.
Amended Section 7
Any lot owner who shall feel aggrieved by action of the superintendent for
whatever reason may appeal to the Board of Directors. All appeals to the directors
must be in writing.
Section 7
omit-or in setting of trees and shrubbery in or around a lot. (This is in conflict
with section 16)
Section 8. The trustees shall constitute and be a Board of auditors, and may
audit accounts at any annual or special meeting of the same. Five trustees shall
constitute a quorum at any meeting.
Amended Section 8
The directors shall constitute and be a Board of auditors and shall audit accounts
annually. Three directors shall constitute a quorum at any meeting.
Section 9. The land of liberty Park Cemetery has been divided into lots and
lots of such size and shape as was deemed most appropriate for burial purposes, as
is shown on map of said cemetery made by C. G. Locke, and on file in the clerk's
office of Cattaraugus County. Purchasers in the selection of lots may choose from
all unsold lots which have been thus divided, excepting those lots reserved for
special purposes. Said lots may be subdivided, and a suitable place has been set
aside for single graves.
Section 10. All lots sold shall be held in pursuance of acts passed by the
Legislature of this State relating to rural cemeteries, and shall not be used for any
other purpose than as places for the burial of the dead.
Section 11. Previous to possession being given, or grave dug, or internment
made on any lot, a deed or location certificate thereof for, in the form established
by the trustees, must be duly executed and delivered to and accepted by the
purchaser; and said purchaser shall pay to the Treas. in cash or by a good endorsed
note negotiable at the Bank of Cattaraugus therefore.

Amended Section 11
omit in reference to payments or by good endorsed note negotiable at the bank of
Cattaraugus.
Section 12. Any person holding a deed or location certificate may transfer
and convey his or her interest so far as such transfer is allowed by the laws of the
state of New York in relation to rural cemeteries; but no such transfer shall be valid
until the person transferring shall sign a memorandum of such transfer and file
same with the secretary. RULE 85, NEW YORK STATE CEMETERY BOARD: a
plot owner may not agree sell his plot unless he offers the cemetery Corporation an
opportunity to buy it back at the original price +2% simple interest from date of
purchase.
The corporation must accept or reject the offer within 30 days. If the
cemetery Corporation does not purchase the plot; the plot owner may up on
obtaining the approval of the New York State Cemetery Board sell his plot to any
other purchaser.
Except in the case of a sale to a bona fide society, which provides burial
benefits for members, the new law makes it a penal offense for any cemetery
Association to sell a grave or plot which it knows, or has reason to know, is being
acquired for the purpose of re-sale. Similar penalty is provided for the purchase in
such a transaction.
Amended Section 12
simple interest should be changed to 4%. Change rule 85 to section 15.3
Section 12
any person holding a deed to a plot may, prior to any interment, transfer his or her
interest under previous predict by the State of New York. Such transfer may not be
made unless the cemetery has had the opportunity to purchase the plot. If the
cemetery does not purchase, the owner may upon obtaining approval of the State
of New York Cemetery Board sell his or her plot to any other purchaser. Purchaser
shall update perpetual care to the cemetery and have the transfers recorded in the
cemetery records.
Section 13. The price established for lots is according to the size and
location. Prominent points requiring picture improvements will be sold only
informed and dimensions and that such prices as the trustees may affix, subject to
approval by the New York State Cemetery Board.
Amended Section 13-omit subject to approval by New York State cemetery
board.

Section 13
prices for established lots shall be based on single interment space and subject to
approval of the cemetery board.
Section 14. The proprietor of a lot may direct any proper sepulchral
structure there on. Any slab placed in a perpendicular position must be set in a
permanent concrete foundation properly laid to a sufficient depth below the surface
of the ground to secure its permanency. In case of large and heavy monuments the
foundations must be sunk at least 4 feet into the ground.
Amended Section 14-add in the second sentence after perpendicular or
horizontal.
Section 14
lot owner may direct any suitable monument in keeping with the surroundings and
or with the director's approved dimensions. Each shall be placed on a suitable
cement foundation in equal to at least the area of the monument and sufficient
depth to prevent frost damage.
Section 15. If there shall be placed in or on any lot, monument, effigy,
enclosure, or any structure whatsoever, or any inscription, which shall be
determined by a major part of the trustees to be offensive, improper, or injurious to
the appearance of the surrounding lots or grounds, the said trustees shall have a
right, and it shall be their duty, to enter upon said lot, and to cause the improper
object or objects to be removed, after due notice to the lot owner.
Amended Section 15
if any offending structures of any nature should be placed on the grounds, the
directors shall have the right and obligation to remove such after notifying the lot
owner.
Section 16. Poprietors may not cultivate trees, shrubs, and other plants upon
their respective lots, and no tree growing upon any lot or border, whether originally
there or planted by the proprietor, shall be cut down or otherwise destroyed or
injured.
Amended Section 16
proprietors may not cultivate trees, shrubs and other plants upon their respective
lots.
Section 17. If any tree, shrub, or other plant, by means of its roots, branches
or otherwise, shall become detrimental, dangerous, or inconvenient to the adjacent
lots, walks or avenues, the superintendent, directed by the trustees, or a major part
of them, shall have the right, and it shall be his duty, to enter said lot, and remove

the said tree, shrub or plank, or such part or parts thereof has name are the effect
and the beauty of the scenery, or as may be deemed detrimental, dangerous or
inconvenient, only after due notice to the lot owner.
Amended. Section 17
if any trees, shrubs and other plants in growth shall by any means become
detrimental, dangerous or inconvenient to educational lots, walks, or avenues, the
superintendent by direction of the directors shall remove all or any part that has
become detrimental, dangerous or inconvenient after first notifying the lot owner.
Roots
May 6, 1987 page 210-authorize a policy that the cutting of roots damaging
markers and using the perpetual care fund to correct little markers.
Section 18. Defaults or tombs will be permitted, constructed of durable
materials, and fitted up in a tight and substantial manner, with catacombs which
shall be sealed up with hard brick or other suitable material which the trustee shall
approve, laden cement, immediately after the deposit of bodies there in. The
entrance of all vaults and tombs shall be provided with one or more stone or metal
doors. But no two or vault shall be constructed within the cemetery except on such
lots and in such places as shall be especially designed by the trustees for that
purpose.
Section 19. In the erection of vaults, tombs, monuments, railings or other
structures, the persons erected them shall not allow any stone, brick, earth, or other
materials to encumber the grounds longer than is absolutely necessary; and they
must be removed and deposited under the direction of the Superintendent, and that
expense of the proprietor of the lot on which the structure has been reared.
Section 20. Any owner of a lot wishing to have it kept in perpetual repair,
may for that purpose deposit funds with the trustees, who shall give a deed of trust
for the funds, and assume the duties and responsibilities. (A nominal fee to be
charged for administering such funds.)
Amended. Section 20
sale price of the lots includes perpetual care such as cutting of grass but not
repairs if required to memorials
Section 20
perpetual care fees are included in the lot prices. Special care such as procuring
seasonal flowers may be provided by contributions invested for that purpose.

Section 21. All workmen employed by individual lot owners in the

construction of vaults, erection of monuments, etc., or for any purpose upon their
lots, shall be subject to the control of the superintendent or assistant
superintendent.
Amended. Section 21 page 9-any construction or contracted basis by the lot
owner and outside personnel shall be approved by the board and shall be under
supervision of the superintendent or assistant superintendent.
Section 22. There shall be reserved on every lot where it joins another lot, 1
1/2 feet for a walk in and around said lot. Section 22 page 9-(doubt we are leaving
one and a half feet for a walkway between lots)
Section 23. The above bylaws may be amended at any regular or other
meeting by a majority of the Board of Trustees, subject to prior approval of the
New York State cemetery board.
RESPECTING INTERMENTS
All lot owners desiring graves dug, are requested to apply to the
superintendent or his assistant. And no person or persons shall be allowed to dig
any graven said cemetery except the sexton or his assistant; and in case of adults,
the graves must be at least five (5) feet deep.
The sexton or his assistant is required to furnish the secretary a copy of the
burial permit and of all burials in said cemetery, in order that a correct record may
be kept in the same.
Interments - page 9
request for interments should be made to the superintendent or assistant
superintendent. All interments are to be prepared by the cemetery personnel and
excavated to a minimum depth of 5 feet. A copy of the burial permit and interment
detail should be given to the secretary for the permanent records.
RESPECTING VISITORS
Section 1. All persons driving on these grounds are requested to use great
care, as driving upon the lots or borders is strictly prohibited.
Section 2. All persons are prohibited:
1. from picking any flower, either wild or cultivated.
2. From cutting, breaking, marking or injuring any tree, shrub, herb, or
other object, whether upon the cultivated part or the bank adjacent.

3. From writing upon, defacing or injuring any monument, stone, fence,

enclosure, or other structure, in or belonging to the cemetery.
4. From passing over lots, and from walking in any part of the grounds
elsewhere than in the proper roads and walks.
5. From running, jumping, the playing of games, or other practice that
might indicate a want of reverence for the place, or in any way disturbed
a quiet and good order of the same.
Children visiting the grounds shall be attended by their parents, or some
suitable person, who shall be responsible for their conduct in observance of
the rules.
It is of the utmost importance that there should be a strict observance of all
the proprieties do the place, whether it embraced in these regulations or not.
Proper decorum should at all times characterize the place sacredly devoted
and consecrated to the interment of the dead.
Sections 647 of the Penal Code
"A person who, not being the owner thereof, and without lawful authority,
willfully injures, this figures, removed, or destroys a grave stone, monument,
work of art, or useful or ornamental improvement, or any shade tree or
ornamental plant, whether situated upon private ground, or upon a street,
road or sidewalk, cemetery, or public park or place; or removed from any
grave in a cemetery, any flowers, memorials, or other tokens of affection, or
other thing connected with them, is guilty of a misdemeanor.
The above bylaws were approved by the liberty Park cemetery Association
February 9, 1956. The above bylaws were retyped with the amendments
added by board member Douglas M Knopp, April 11, 2012.
Additional amendments: December 7, 1977-the use of wood vaults except
for children and cremations is prohibited.
February 6, 1939 page 41-motion made by L. A. Babcock, seconded by J. J.
McCarthy and carried that in the newly developed section of the cemetery all
markers be flush with the ground and that no monument speed corrected in this
section which is section 223 SW.