Trustees Records, Volume 2, 1854 (page 003)

3

posed, serve in some degree as an answer to any present
objection from that quarter. And even if no interpre-
tation had been given by the Society itself, or its offi-
cers, to the Act of 1831, still the very language of
that Act may serve to enlarge it or diminish the
meaning of the present Company's charter.

It is obvious that the Corporation derives
no power to appropriate monies from the proceeds of
sales of lots in the original cemetery to the purchase
of statuary, from the ninth section. Under that
section, they may undoubtedly take statuary or
money for the purchase of statuary, by bequest
or donation and contract for its preservation in the
Cemetery. But the words of the Act in that sec-
tion are much larger than those in the tenth,
and can only have a remote bearing upon the
construction of the latter, as shewing what kind of
"embellishments" the legislature considered appropriate
to the Cemetery.

Coming then to the tenth section, we find that
it provides that the portion of the proceeds of sales to be re-
tained by the Proprietors of the Cemetery. "shall be forever de-
"voted and applied to the presentation, improvement and em-
"bellishment and enlargement of the said Cemetery and Garden
" and the incidental expenses thereof and to no other purpose
"whatsoever". These last words are strong words of re-
straint upon the Corporation and should lead the Trustees
to see that every appropriation made by them comes strict-
ly under one or another of the heads thus mentioned.