After the cemetery site on the Tonawanda Creek on West Main Street was declared unsuitable because of high water problems, the cemetery was relocated to Cemetery Street – now Harvester Avenue – between the two railroads on lot 43. The site was purchased in 1823 and laid out by Ebenezer Mix into 88 plots. It was owned by St. James’ Episcopal Church and the Presbyterian Church. From 1824 to 1840, care of the cemetery was minimal. In 1840, a fence was built around the area to protect the graves and shrubs from animals. Additional land to the east was added by Benjamin Pringle and Eli H. Fish.
The cemetery continued to suffer from neglect until 1875, when concerned citizens raised monies to repair the fence and improve the walks and drives. In 1880, a number of lot owners organized under the State Laws and the Batavia Cemetery Association was formed.