Trustees Records, Volume 2, 1854 (page 002)

2

erly applied to the purchase of Statuary, - these words are
large enough to show that the Board of Trustees is. the
proper body to make the appropriation, and contract
for the statues. Can the funds be properly so applied?

The present Corporation took the conveyance of
the "Garden and Cemetery" not as an ordinary purchase
of land by a Corporation for the purpose of establish-
ing a Cemetery, but upon sundry special trusts,
which limit and restrain the full liberty of the
Corporation in the use of the property and its proceeds.
These trusts are set forth in the tenth section of the
Charter, and to that section our remarks will be
principally confined; but some additional light may
be derived in the interpretation of it from a part of
sections two and six. From these it appears that
the "Proprietors" hold the land (§2.) "upon the same
trusts, and for the same purposes as the said Massa-
chusetts Horticultural Society held the same" by virtue
of the Statute of 1831. Chapt. 69; and (§6) "all the
rights, powers and authorities, trusts, immunities and
privileges conferred upon the said Society" by said act
were to be "transferred to and exercised by "the new
Corporation. These provisions are important, because
the Mass. Hort. Society might be called upon to en-
force the execution of the trusts under the tenth
section, and if there should seem to be any doubt
as to the construction of the language, the actual in-
terpretation formerly given by that Society to its own
charter, would if similar to the measure now pro-