Trustees Records, Vol. 1, 1835 (page 005)

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Section 9^th. Be it further enacted, That it shall be lawful
for the said Corporation to take and hold any grant, donation or
bequest of property upon trust to apply the income thereof under the
direction of the Board of Trustees for the improvement or embellishment
of the said Cemetery or of the Garden adjacent thereto, or of any
buildings, structures or fences erected or to be erected upon the lands
of the said Corporation or of any individual Proprietor of a Lot in
the Cemetery, or for the repair, preservation, or renewal of any tomb,
monument, grave-stone, fence or railing or other erection in or around
any Cemetery Lot, or for the planting and cultivation of trees, shrubs,
flowers or plants in or around any Cemetery Lot. according to the terms
of such grant, donation or bequest, and the Supreme Judicial Court in
this Commonwealth, or any other court therein having equity jurisdiction,
shall have full power and jurisdiction, to compel the due performance
of the said trusts or any of them, upon a bill filed by a Proprietor of
any lot in the said Cemetery for that purpose.

Section 10^th. Be it further enacted as follows, First, That the
present Proprietors of Lots in the said Cemetery, who shall become
members of the Corporation created by this Act, shall thenceforth cease
to be members of the said Horticultural Society, so far as their member-
ship therein depends on their being Proprietors of Lots in the said
Cemetery; Secondly, That the sales of the Cemetery Lots shall continue
to be made as fast as it is practicable by the Corporation created by this Act
at a price not less than the sum of Sixty dollars for every Lot containing
three hundred square feet, and so in proportion for any greater or less quantity
unless the said Horticultural Society and the Corporation created by this
Act, shall mutually ^^agree to sell the same at a less price; Thirdly, That
the proceeds of the first sales of such Lots after deducting the annual
expenses of the Cemetery establishment, shall be applied to the extinguishment