Trustees Records, Volume 2, 1854 (page 006)

6

plated improvements at the Cemetary alludes particularly
to the use of the proposed Chapel for the purpose of a
shelter for busts and statues, but is guarded in this lan-
guage, and refers only to such marble busts ^^and statues
and other sepulchral monuments which may from time
to time be placed there by liberal benefactors and friends
in memory of the dead". It is probable that it had
not then occurred to his mind that the Trustees would
ever take this thing upon themselves. Although this re-
port, however, does not add the weight of Judge
Story's name to the argument in favor of such an ap-
propriation, we also think that when the difference
of circumstances are considered, it can not be con-
strued adversely to the right. The whole income from
sales for the year ending Dec 31. 1842 was $5017.34
that for the year ending Dec. 31. 1853 was $25.564.63. -
Then, it appears, it was difficult to "make the ends
meet"; now were it not for the costly improvements
of each year, there would be a vast annual increase of
the fund.

In the Act of 1831 which estab-
lished the Cemetery under the care of the Mass. Hort.
Soc'y, there is no express restriction upon the manner
of expending the surplus income derived from the Ceme-
tery, and the present Corporation has and may doubt-
less exercise, as one of the "trusts" and "purposes" upon
which it took the conveyance from the Horticultural
Society, all the powers which that Society had unless
the tenth section of the Charter above quoted does limit
it. We think that there is no such limitation to be found