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appointed on the part of the Horticultural Society, and to report terms of
agreement which might be satisfactory to both parties. The Committee of
the Proprietors of Mount Auburn, consisting of Messrs. Bigelow, Gould and
Cheever, were met by a Committee of the Horticultural Society, consisting
of Messrs. Stickney, Wilder, Rand, Walker, Austin, and Hovey, and a report
was agreed on, which was afterwards unanimously accepted by both parties
in interest, and by them carried into effect. An Indenture of two parts has
been duly executed by the two Corporations, under which the parties covenant
and agree with each other in the manner following:

for amendments see
Records Vol. IV v 192

“ First, That the said Cemetery as now existing, and situated south of the
street called Mount Auburn Street, in Cambridge, together with the lands
already purchased as an enlargement thereof, and all additions which shall
hereafter be made to the same, shall be held by the said Proprietors, and the
entire control, management, and direction of the same, and of all works and
improvements therein, and. expenditures thereon, shall be and remain in the
said Proprietors and their officers, in as full and complete a manner as the
same are now vested in and entrusted to them by Act of Legislature incorporating
the said Proprietors, passed on the thirty-first day of March, A.D.
eighteen hundred and thirty-five.

““ Second, The yearly proceeds of all sales of lands in the said Cemetery as
it now exists, or may hereafter be enlarged, together with all amounts received
for single interments in any public lots or receiving tombs, after the deduction
of fourteen hundred dollars therefrom to be retained by the said Proprietors
for the purposes stated in said Act, shall on the first Monday in every year,
be divided between the said Proprietors and the said Horticultural Society,
according to the terms of the said Act, in following proportions, viz: three-fourths
to the said Proprietors, and one-fourth to the said Society; and the
said Proprietors shall, at such time, render to the said Society a just and true
account of all sales made, and of ail moneys received by them for such lands
and interments during the preceding year, and shall furnish all such vouchers
and evidence in regard to the same as the said Society may reasonably
require.

“ Third, The sum of nine thousand eight and +4, dollars, which on the first
day of January next will be due and owing from the said Horticultural Society
to the said Proprietors, shall be paid in manner following, viz.: The said
Proprietors shall have the right to retain out of the amount which under the
provisions of the preceding Article, will yearly, and in each year, be due and
payable to the said Society, one fuli half part thereof of the amount so payable,
which part so retained shall be applied—first, to the payment of the
yearly interest on the said sum, or on such part as shall remain unpaid, and
the residue to the reduction and final extinguishment of the said debt, until the