Trustees Records, Vol. 4, 1865 (page 193)

193

Com^ee to confer with Mass. Hort. Soc.y reported supplementary Indenture & votes adopted by Hort. Soc.y _

of said conference are Indenture drawn in dupli-
cate, authorizing the modification of the existing con-
tract between this Corporation and said Society, and the
action taken thereon, on the part of said Society: _

And with said Indenture he submitted certain
proposed votes, which, on motion by him, were
unanimously adopted. _

Said indenture and votes are as follows: _

"An Indenture of two parts, made their first
day of January, A.D. Eighteen hundred sixty nine,
by and between the Massachusetts Horticultural
Society of the first part, and the Proprietors of
the Cemetery of Mount Auburn of the second
part: _

also vote to be adopted by the Trustees _

Whereas, in and by a certain
Indenture by and between the parties dated
December 18, A.D. 1858, and recorded with Middle-
sex Deeds, Lib. 870, folio 365, it was among other
things provided as follows:

'Fifth. Whenever lands
otherwise unsaleable or unfit for purposes of
burial shall be filled up and improved,
the cost of such filling up and improvement shall
first be deducted from the proceeds of sale,
of such lands, and the residue only shall
be the amount to be accounted for by the said
Proprietors, and to be divided between the two
Corporations in the manner specified in the