2 Mount Auburn Cemetery Trustees Records

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Loyal Lovejoy	had	449
Otis Norcross	" [had]	379
Edward S. Rand	" [had]	379
James Read	" [had]	378
Jacob Sleeper	" [had]	426.
Edward H. Dann	" [had]	1
Franklin Darracott	" [had]	3
William Brigham	" [had]	74
John P. Ordway	" [had]	72
Benjn Beal	" [had]	73
Reuben E. Demmon	" [had]	71
Wm Hobbs Jr.	" [had]	72
Francis Darricott	" [had]	72
Geo. Washington Warren	" [had]	72
Hazen J. Barton	" [had]	72

And the twelve gentlemen first named being the entire old board were declared elected trustees.

The meeting was then adjourned for two weeks from this date, at the same place, at 3½ o'clock p.m.

Attest Austin J. Coolidge Secretary

C

{Left Column}

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Choate, Chas. T. amendment to R. & R. proposed by	4
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Com. in Lots. Final Report 1870 to 1879 –	235
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Chase, Jer. C. grant of lot to without reservation of intermediate space	5
Cushman, Moses E. ditto [without reservation of] ditto [intermediate space]	[5]
Coolidge Av., iron fence on, &c.,	7,37,44,45,64
[Coolidge Av.,] new house on, &c.,	64
Catacombs [see Receiving Tomb.]
Crehore, Chas. F., Petition of & action thereon	52-54
Cambridge; taxes assessed for 1875 referred, &c..	56
" [Cambridge;] " [taxes] abatement of reported	59
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Collins, Susan, Cont. for p. c. with G. of Lot 1160, belonging to	69
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Contracts, certificates &c., Existing forms to be used, unless, &c	78
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Coburn, Nathan C. Cont. for p. c. with G. of Lot 2941, belonging to	87
*Crafts Wm B. – Cont. P. C. with G. – Lot #3270.	153.
Certificate – Supt's of selection Lots, new form	120.
Cemetery, Spec. meeting Trustees at –	162.163 290.
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Children, Interment Fee for –	151.155.
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*Cheever James – P. C. with G. #105.	160.
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Cyclamen Path – name adopted	214.
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*Clary, Henry, Lot of #756 – Protect against removals	224.
[*Clary, Henry, Lot of #756 –] refd to Com on Lots	226
[*Clary, Henry, Lot of #756 –] Report of " [Com] " [on] " [Lots] on	227
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Curchill, W. B. – Pet. of – –	255.263.
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Cotting, C. W. – Election Trustee – –	209.
" [Cotting, C. W. –] declined re-election	359.
Corporation in Trust – Interment in Lot #1697 – petition granted	292
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Corporation in ^Joint Lots – no Rep. to be appointed –	140

{Right Column}

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Chickering, G.H – Petition in regard to Ornam. Gr. to Lot #2282 –	145
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Carleton Jas. H. decd Lot 897 declared neglected.	287
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*Curley, Hannah A.Lot #3008 relocation of	283
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Curbs, granite – subject of removal refd to Com. on Lots, Report on	296 299.
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Contracts for P. C. with G. clause added in regard to Civil Commotions, Riots &c.	299
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Charles River R. R. Petition of signed	299
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Chant Lot.	355, 332,
Coolidge Ave., Land on	337
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Crematory.	367
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Cremation, Report on	374.
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Choate, Chas. F. Trustee.	343.
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Committee Appointed.	344.

D

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Division of Lots 4335 & 4336 refused	5
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Decoration Day action resp'g.	7,103,148,183,219.
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Deeds, amendments to forms of [see "Amendments, certain."]
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Deeds, ^&c. Existing forms to be used unless, &c.	78
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Dyer, Mrs. E. D. Lot #4090 - not paid for - action on	168.
*Dana, Mary, heirs of Cont. for p. c. with G. of Lot #355, belonging to	90
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Dogs - Int of (see "Animals.")
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Dewhurst, Sarah W. - Interment of in Lot 1697 "Corp. in Trust"	292
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Deeds issued without perpl care	306. 312. 317
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Donations in Trust. form of	371

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^{All alterations noted in red ink adopted at Trustees meeting Nov. 13, 1878 - Trustees Rec. Vol. VI. p. 198}

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payment of twenty five dollars each in addition to the fees hereinbefore provided ^ ^for; but no slab, monument or fence shall be erected upon or around such graves without the approval of the Committee on Lots. The Treasurer shall give to the purchaser of a grave a certificate therefor in the form provided for that purpose. Whenever any such grave shall becomes vacant by removal of the body interred therein, the land shall ^^thereby reverts to the Corporation; but in case the owner thereof, or his representative, becomes the purchaser of a lot ^^{from the Corporation} in the Cemetery, the original price for the grave shall be allowed in part payment for the lot.

Not more than two interments shall be made in the same grave, whether in a private or a public lot, and the later interment shall be at least three feet below the surface of the ground.

Bodies may be deposited in a receiving tomb upon the payment of twenty-five dollars. If, within four months after the interment, such body shall be removed to any other part of the Cemetery, seventeen dollars of the above sum shall be refunded; otherwise the whole amount shall be retained by the Corporation, and the Superintendent may at any time thereafter remove the body to such place within the Cemetery as the Committee on Interments may direct ^^{For each body deposited in the Recieving Tomb Twemtu five dollars ($25.) shall be paid in advance, the whole amount to be refunded if removed to a private Lot in the Cemetery within Ten (10) days For each body remaining in the Tomb more than three (3) months an additional charge of four dollars for each month of part of a month thereafter will be made but any body which has remained in the Tomb three months may be removed by Supt at any time whenafter to such place within the Cemetery as the Com. on Interments may direct. The usual charge for interment & record shall be made for each deposit in the Recieving Tomb and the same for removal therefrom} ^ ^{Trustee Rec. Vol VI. Page 124 this paragraph stricken out}

^ ^{A body deposited in the Receiving Tomb may be delivered by} The Superintendent shall deliver any such body to the friends or relatives applying ^^therefor for it in a legal manner, for removal at their own expense from the Cemetery.

At military funerals no firing of volleys shall be allowed within the Cemetery, excepting by special permission of the President.

No grave nor tomb shall be opened for interment or removal by any person not in the employ of the Corporation.

ARTICLE VI.

CARE AND CONDITION OF LOTS.

When a burial lot or other parcel of ground shall have been sold, it shall be graded, suitable boundary-stones erected, and its designation by number or otherwise legibly displayed by the proprietor, within sixty days from the sale of the deed; or the Committee on Lots may, at any time thereafter, cause such work to be done at the expense of said proprietor.

^{[Trustee meeting Nov. 13. 1878 - Trustee Rec. vol. VI. Page 198]}

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No other person than the proprietor himself or the proper officers and servants of the Corporation, shall be allowed to perform any work on a lot or parcel of ground without a permit from the Secretary. Proprietors may obtain such permits upon a written application, to be renewed annually. All such employes shall be under the supervision and control of the Superintendent. ^ ^{Provided that no work shall at any time be done by other persons than the proper officers or servants of the Corporation upon those lots of which the perpetual care, or the care of the turfing or sodding, has been aproved by the Corporation, by deed or contract. Trustees` Rec. Vol. VI, p 103}

Proprietors may erect on their lots ^^{unless otherwise provided by the terms of the deed given therefor. Trustees Rec. Vol VI. pp 55,56} fences, live hedges, ^ ^{(Trustees` Rec. Vol VI, pp 4,5,7)} monuments and stones, subject in all respects to the approval of the Committee on Lots. The use of wood or slate for any such purposes shall not be allowed. Trees shall only be removed therefrom by direction or consent of the Committee on Grounds. ^ ^{Provided that if such Lot is in that portion of the Cemetery set apart by vote of the Trustees passed Nov. 19, 1873, it shall be graded, sodded, marked, and thereafter kept in repair by the Corporation. And no other person than the proper officers and servants of the Corporation shall be allowed to perform any work thereon. And on any such Lot no fences, curbing or hedges will be permitted; and no head-stone at any grave shall exceed two feet and six inches in height from the ground, Except by vote of the Trustees upon special application. (Rep. of Com. on Rules & Reg. adopted April 23 1875. Trustees Rec. Vol. VI. p. 4)}

Catacomb tombs with entrance-doors above ground may be constructed in such places and manner as shall be approved by the Committee on Lots. No bodies shall be placed therein except in single compartments to be hermetically closed with brick or stone and cement.

The devisee of a deceased proprietor shall furnish the Secretary with the evidence of his title, which shall be recorded in a book kept for that purpose; and a person claiming to be the sole heir-at-law of a deceased proprietor, shall furnish an affidavit setting forth the facts necessary to establish such claim, which shall be filed with the papers of the Corporation; and in either case proper reference thereto shall be made upon the margin of the record of the original deed.

The devisees, or heirs-at-law of a deceased proprietor, or the guardian of such persons, desiring the appointment of a person to represent the lot owned in common by them, shall make written application to the Trustees for that purpose.

Any person designated by a company, society or association, whether corporate or not, which may own a lot of not less that three hundred square feet, shall represent such lot and may vote at all meetings of the Corporation.

ARTICLE VII.

RECORDS AND PLANS.

There shall be kept at the office of the Secretary all the books necessary for recording the original deeds of lots, of

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No person shall be admitted at any time with refreshments; neither with flowers, unless for use as decorations or memorials, notice therof having been given before passing the gatekeeper.

No horse shall be driven in the Cemetery faster than a walk; or left unfastened without a keeper: or fastened except at posts provided for the purpose. No person on horseback shall cross any lot, or drive upon a path.

The Superintendent shall see that the following provisions of law are strictly observed: -

Be it further enacted; [italics] That any person who shall wilfully destroy, mutilate, deface, injure or remove any tomb, monument, gravestone or other structure placed in the Cemetery aforesaid, or any fence, railing or other work, for the protection or ornament of any tomb, monument, gravestone or other structure aforesaid, or of any Cemetery lot within the limits of the garden and Cemetery aforesaid, or shall wilfully destroy, remove, cut, break or injure, any tree, shrub or plant, within the limits of the said garden and Cemetery; or shall shoot or discharge any gun or other firearm within the said limits, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof before any justice of the peace or other court of competent juridsdiction with the County of Middlesex, be punished by a fine not less than five dollars, nor more than fifty dollars, according to the nature and aggravation of the offence; and such offender shall also be liable, in an action of trespass to be brought against him in any court of competent juristiction in the name of the Proprietors of the Cemetery of Mount Auburn, to pay all such damages as shall have been occasioned by his unlawful act, or acts; which money, when recovered, shall be applied by the said Corporation, under the direction of the Board of Trustees, to the reparation and restoration of the property destroyed or injured as above; and members of the said Corporation shall be competent witnesses in such suits. (Laws of the Commonwealth of Massachusetts, [italics] chap. 96, sect. 7.)

No fees whatever, other than those provided by the By-Laws or the Rules and Regulations of the Corporation, shall be paid at the Cemetery.

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ARTICLE XI.

ORDER OF BUSINESS

^{{Meetings of Trustees. [Rep. of Com. o Rules & Reg.April 23/75. Rec. , VI, - 4]}

Stated meetings of the Trustees shall be held at the office in Boston, on the second Wednesday of each month, at half-past three o'clock, P. M. unless otherwise ordered.

^{Order of the Board of Trustees. [Records, Ibid.]}

Motions shall be made in writing when requested by the President or by a majoarity of those present.

Reports of committees shall be made in writing at the request of any member.

The order of business shall be as follows:, -

Reading the records

Election of officers.

Reports of committees.

Approval of bills and accounts,.

Unfinished businesss. Motions, orders and resolutions. Petitions or other papers from the Secretary.

^{Strike out the whole of Article XII. [Records VI = 68, .]}

ARTICLE XII.

The following forms, made necessary by the provisions of the By-Laws and of the Rules and Regulations, shall be used for the purposes and in the manner indicated: -

SUPERINTENDENT`S CERTIFICATE OF SELECTION.

MOUNT AUBURN CEMETERY.

Certificate No. _____ 18

Mr. _____ of _____ has this day selected ot No. _____ in the Cemetery of Mount Auburn, situated on the way called _____ containing _____ square feet, at _____ cents per foot, of which he may be the proprietor by the payment of [space] dollars to the Treasurer of said Corporation within thirty days from this date, together with two dollars for making and recording the deed of the same; and provided, also, that this certificate shall be presented and surrendered to the Treasurer within thirty days from this date. If not presented within the time aforesaid all right to the seleted lot

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herein referred to shall cease. The laying-out and sale of this lot are to be subjected to the approval of the Committee on lots.

^^{and further provided that [if the selected lot is in that part of the Cemetery set apart by vote of the Trustees passed Nov. 19, 1873] the purchase shall also pay to the treasurer the sum stipulated for the perpetual care of the [Lot] before receiving a deed thereof. [Rep. of Com. on R.& R. Apr. 23 `75. Rec., VI = 4.] Strike out the words included in brackets Insert the word "grass: in place of the word "Lot" Rec. VI, = 104]}

Payable to _____ Treasurer, No. _____ Street, Boston.

Land, $_____

Deed, 2.00

Superintendent

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FORM FOR THE CONVEYANCE OF LOTS.

KNOW ALL MEN BY THESE PRESENTS, That the Proprietors of the Cemetery of Mount Auburn, in consideration of _____ dollars paid to them by _____ of _____ the receipt of which is hereby acknowledge, do hereby grant, bargain, sell, and convey to the said _____ _____ and _____ heirs and assigns, a lot of land in the Cemetery of Mount Auburn, in the County of Middlesex, numbered __________ on the plan which is in the possession of the said Corporation for inspection by the said grantee _____ heirs and assigns, at all seasonable times, and situated on or near the _____ side of the way called __________, at a distance of about __________ feet therefrom, with a right of way from said [space] to said lot. _____ Said lot is of form __________ and contains __________ square feet.

To have and to hold the aforegranted premises unto the said __________ heirs and assigns, forever; subject, however to the conditions and limitations, and with the privileges following; to wit: -

First, That the proprietor of the said lot shall have the right to enlosed the same with a wall or fence (of other material than wood), not exceeding one foot in thickness, which may be placed on the adjoining land of the Corporation, exterior to the said lot, subject to all the conditions of the By-Laws of the Corporation.

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(both which are made parts of this covenant, as if herein repeated,) shall be forever kept, observed, and performed by said Corporation.

In testimony whereof, the said Proprietors of the Cemetery of Mount Auburn have caused this instrument to be signed by their Treasurer, and countersigned by their Secretary, and their Common Seal to be hereto affixed, the _____ day of _____ in the year of our Lord eighteen hundred and _____.

Countersigned

Secretary. [italics}

Treasurer [italics]

[SEAL.] Recorded with the Deeds of Lots in said Cemetery in the books of the Corporation, on the date above written.

Attest,

Secretary [italics]

------------------------

^^{Insert "Form for conveyance of Lots in that part of the Cemetery set apart by voteof the Trustees passed November 19, 1873; commonly known as the `Landscape=lawn deed.` " [Rep. of Com. on R. & R. Ajpril 23, `75. Rec. VI = 4.]}

FORM FOR CONVEYANCE OF SPACES BETWEEN LOTS.

KNOW ALL MEN BY THESE HERE PRESENTS, That the Proprietors of the Cemetery of Mount Aubuarn, in consideraton of _____ _____ dollars, paid to them by _______ ______ of _____, the receipt of which is hereby acknowledged, do hereby grant, bargain sell, and convey to the said ______ and ______ heirs and assigns, a certain piece of land in the Cemetery of Mount Auburn, adjoining the ______ side of ______ lot, which is situated on the way called ______ and numbered ______ on the plan of said Cemetery; the said piece of land being ______ feet wide, [blank space] feet in length, containing ______ square feet.

To have and to hold the aforegranted premises unto the said _____________ heirs and assigns forever; subject, however, to the conditions and limitations following; to wit: -

First, [italics] That no part of said premises shall ever be used as a place of burial for the dead, unless the owner of said lot shall purchase the same for the purpose of enlarging his burial lot. 4

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Second, [italics] That the whole of said premises shall forever remain as a part of the open grounds of said Cemetery, except in the event of being purchased by the owner of the said lot as aforesaid.

Third,[italics] That no tree, shrub, or plant, and no inscription, landmark, monument, fence or structure whatever, shall be placed in or upon the premises, or be removed therefrom, without the consent of the Board of Trustees, for the time being, of said Corporation.

^^{Fourth, The premises are conveyed subject to all By=Laws, rules and regulations made, and to be made by said corporation in pursuance of authority granted to it by any Act or Acts of the Commonwealth of Massachusetts. [Rep. of Com. on R. & R. Apr. 23 `75. Rec. VI = 4]}

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FORM FOR CONVEYANCE OF LAND FOR ORNAMENTAL PURPOSES.

KNOW ALL MEN BY THESE PRESENTS, That the Proprietors of the Cemetery of Mount Auburn, in consideration of _____ _____ dollars, paid to them by _____ of _____ ______, the receipt of which is hereby acknowledged, do hereby grant, bargain, sell, and convey to the said _____ _____ and _____ heirs and assigns, a certain piece of land adjacent to _____ lot, in the Cemetery of Mount Auburn, in the County of Middlesex, situated on the way called _______________, and numbeared on the plan of said Cemetery ____________, which plan is in the possession of the said Corporation for inspection by the said grantee, ______ heirs and assigns, at all seasonable times; the said piece of land being ______ feet and ______ inches long, and _______ feet and ______ inches wide, and containing ______ superficial square feet.

To have aand to hold he aforegranted premises unto the said _____ heirs and assigns, forever, for ornamental purposes; subject, however, to the conditions and limitations, and with the privileges following; viz. :-

First, [italics] That the proprietor of the said lot shall have the right to enclose the same with such wall or fence (of other