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same shall be fully paid and discharged ; provided, however, that the said
Society shall have the right to pay the whole, or any part of the said sum at
any time.

“ Fourth, The said Society hereby covenants with the said Proprietors, that
whenever the said Proprietors shall enclose the lands already purchased in a
manner corresponding with the present Cemetery, or otherwise, as they shall
see fit, they will pay to the said Proprietors one-fourth part of the cost thereof ;
and in like manner, in case of any future additions to and enlargements of the
Cemetery, they will pay to the said Proprietors one-fourth part of the cost of
enclosing the same, whenever such enclosure shall be completed—the time and
making such enclosure to be at the discretion of the said Proprietors.

“ Fifth, Whenever lands, otherwise unsaleable, or unfit for purposes of
burial, shall be filled up and improved, the cost of such filling up and improve-
ment shall first be deducted from the proceeds of sales of such lands; and the
residue only shall be the amount to be accounted for by the said Proprietors,
and to be divided between the two Corporations in.the manner specified in the
Second Article of this Indenture; provided, however, that the amount of such
residue shall never be less than fifty cents per square foot—except that inter-
mediate spaces between lots, when not intended for burial, may be sold for
sixteen and two-thirds cents per square foot.

“ Sixth, In case the said Proprietors shall hereafter build Receiving Tombs,
Catacombs, or Columbaria, in the said Cemetery, the said Horticultural Society
shall pay one-fourth part of the cost thereof; and shall be entitled to one-fourth
part of all amounts received for interments therein.

“ Seventh, The said Horticultural Society hereby release the said Proprietors
from all claims and demands for or on account of any and all moneys
received, or which shall be received, by the said Proprietors for single inter-
ments in the said Cemetery prior to the first of January next.

“Eighth, It is understood and agreed that the said Horticultural Society
have no interest in the lands situated on the northerly side of Mount Auburn
street, on which the Gardener’s House now stands, and the said Society
hereby expressly disclaims all right and title and interest therein.” i

It will be seen by the foregoing extracts that the Horticultural Society pay
to the Proprietors of the Cemetery the sum of 9,008 dollars, 49 cents, this
being the balance which would be due on the estimated cost, interest, and
present value of one-fourth part of the lands newly purchased, after deducting
the necessary offsets. And the Society farther agrees to pay one-fourth part
of the expense of an iron fence, &c., round the newly acquired land whenever
the same shall be erected. On the other hand, the Proprietors of Mount
Auburn agree to place the new lands on the same footing as the old Cemetery,
and to psy to the Horticultural Society one-fourth part of the proceeds of all
sales of these lands after the usual deduction has been made.