An Act to Incorporate, 1835 (page 4)

any tomb, monument, grave-stone or other structure placed
in the Cemetery aforesaid, or any fence, railing or other work
for the protection or ornament of any tomb, monument, grave-
stone or other structure aforesaid, or of any Cemetery lot,
within the limits of the Garden and Cemetery aforesaid, or shall
willfully destroy, remove, cut, break or injure any tree, shrub
or plant within the limits of the said Garden and Cemetary,
or shall shoot or discharge any gun or other fire-arm
within the said limits, shall be deemed guilty of a misde-
meanor, and shall, upon conviction thereof before any Justice
of the Peace or other Court of competent jurisdiction within
the County of Middlesex, be punished by a fine not less
than five dollars nor more than fifty dollars, according
to the nature and aggravation of the offence; and such
offender shall also be liable, in an action of tresspass to be
brought against him in any Court of competent jurisdic-
tion in the name of the Proprietors of the Cemetery of Mount
Auburn, to pay all such damages as shall have been occasion-
ed by his unlawful act or acts, which money when recovered
shall be applied by the said Corporation under the direction
of the Board of Trustees to the reparation and restoration
of the property destroyed or injured as above, and members
of the said Corporation shall be competent witnesses in such
suits.

Section 8. Be it further enacted, That the Lots in
said Cemetery shall be indivisible, and upon the death
of any Proprietor of any Lot in the said Cemetery, contain-
ing not less than three hundred square feet, the devisee
of such Lot, or the heir at law, as the case may be, shall be
entitled to all the priveleges of membership as aforesaid, and if
there be more than one devisee or heir at law of each Lot, the
Board of Trustees for the time being shall designate, which of
the said devisees or heirs at law shall represent the said Lot,