One of the four proprietors of Columbus, John Kerr, had been named agent of the proprietors' association in April of 1813 and was authorized to execute a deed conveying the graveyard property to the borough. That he failed to execute such a deed at that time has been often remarked, without explanation. In fact, he was prevented from conveying the property by the non-existence of any legally constituted body to receive the gift; the borough of Columbus was not incorporated until 1816, by which time Kerr had declined any longer service as agent of the association and had been replaced as such by Henry Brown. The ground therefore, though dedicated and used as a graveyard, remained in private hands for some time.

The early years of Columbus were troubled by the War of 1812 and the ensuing depression. It was not until 1820 that the Borough Council began to take in hand any but the most essential of its responsibilities. Accordingly, it was not until May 8 of that year that council instructed the mayor to enquire into the title to the graveyard and to obtain a proper deed for it.2 By that time title to the property had passed to John Kerr, the same original proprietor of the town and agent who had been authorized previously to convey the tract to the borough. John Kerr and Mary his wife conveyed the tract to the Mayor and Council of the Borough of Columbus in return for one dollar on June 6, 1821, as a public burial ground. Since the land, after dissolution of the proprietors' association, had become the private property of the Kerrs, the deed included a clause whereby the ground would revert to themselves or their heirs if it ceased to be used for burial purposes.

In addition, in 1820 the Council appointed John Kerr to present a petition to the County Commissioners to view and open a road from Columbus to the graveyard.3 What became of this petition is not known, but in 1823 the commissioners responded to a petition of Samuel Cumming and others and laid out a road about where North Park street is now located.4 It ran "from a point in the town of Columbus near the north end of Front Street, to intersect the road leading from Wilcox's tavern near the South line of John Starr's farm with the ostencible view of securing the approach to the grave-yard or burying-ground, as well from the North as the South." This road remained in use for seven years; it was vacated in 1830 on petition of Lincoln Goodale when expansion of the graveyard made access from High street possible.

It was not until October 18, 1824 that the use and operation of the graveyard was formalized by the Council. An ordinance passed on that date provided for the appointment of a sexton, to "remain in office during the pleasure of the Council." The sexton's duties were:

to hold himself in readiness at all times, when called on, to dig graves, and to arrange in as regular order, as the

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