Trustees Records, Vol. 4, 1865 (page 194)

194

Trustees _ Jany. 12, 1869

Supplementary Indenture with Mass. Hort. Soc.y continued _

second article of this Indenture; Provided
however, that the amount of such residue
shall never be less than fifty cents per square
foot, except that intermediate spaces between
lots, when not intended for burial, may be
sold for sixteen and two thirds cents per
square foot:

And whereas difficulties have
arisen in the construction and carrying into
effect the provisions of said article as
above set forth, and it has been deemed
expedient, and for the interests of the parties
concerned, that some modification of the
said article should be made:

Now
therefore, this Indenture witnesseth _

First _ The said parties, in consideration
of the premises, hereby mutually agree to and with
each other in manner following, namely,
that in the future whenever the said Pro-
prietors shall fill up and improve any of
the lands in said Cemetery which are now,
or may hereafter become unsaleable, or unfit
for burial purposes, the cost of such filling up
or improvement, during each and every year,
shall be deducted from the gross amount of money
received from the sale of lands within the said Cem-
etery during the said year: and the balance then
remaining after such deduction, shall be the amount