1835 Founding Document: An Act to Incorporate, 1831.010.001

created by this Act, shall thenceforth cease to be members of the said Horticultural Society, so far as their membership therein depends on their being Pro-prietors of Lots in the said Cemetery; Secondly, That the sales of the Cemetery Lots shall continue to be made as fast as it is practicable by the Corporation created by this Act at a price not less than the Sum of Sixty Dollars for every Lot containing three hundred square feet, and so in proportion for any greater or less quantity unless the said Horticultural Society and the Corporation created by this Act, shall mutually agree to sell the same at a less price; Thirdly, That the proceeds of the first sales of such Lots after deducting the annual expenses of the Cemetery establishment, shall be applied to the extinguishment of the present debts due by the said Horticultural Society on account of the said Garden and Cemetery, and after the extinguishment of the said debts, the balance of the said proceeds and the proceeds of all future sales shall annually, on the first Monday in every year be divided between the said Horticultural Society and the Corporation created by this Act in manner following, namely, fourteen hundred dollars shall be first deducted from the gross proceeds of the sales of Lots during the preceding year for the purpose of defraying the superintendants Salary and other incidental expenses of the Cemetery establishment and the residue of the said gross proceeds shall be divided between the said Horticultural Society, and the Corporation created by this Act, as follows, namely, one fourth part thereof shall be received by and paid over to the said Horticultural Society on the first Monday of January of every year, and the remaining three fourth parts shall be retained and held by the Corporation created by this Act, to their

own use forever. And if the sales of any year shall be less than fourteen hundred dollars, then the deficiency shall be a charge on the sales of the suceeding year or years; Fourthly, the money so received by the said Horticultural Society shall be forever devoted and applied by the said Society to the purposes of an experimental garden and to promote the art and science of Horticulture and for no other purpose. And the money so retained by the Corporation created by this Act, shall be forever devoted and applied to the preservation, improvement, embellishment and enlargement of the said Cemetery and Garden, and the incidental expenses thereof, and for no other purpose whatsoever; Fifthly, a Committee of the said Horticultural Society, duly appointed for this purpose shall on the first Monday of January of every year, have a right to inspect and examine the books and accounts of the Treasurer or other officer acting as Treasurer of the Corporation created by this Act, as far as may be necessary to ascertain the sales of Lots of the preceding year.

Section 11. Be it further enacted, That any three or more of the persons named in this Act shall have authority to call the first meeting of the said Corporation by an advertisement in one or more newspapers, printed in the City of Boston, seven days at least before the time of holding such a meeting, and specifying the time and place thereof. And all Proprietors of Lots, who shall before, at or during the time of holding such meeting, by voting, absent to this Act shall be entitled to vote in person or by proxy at the said first meeting. And at such meeting or any adjourn

-ment thereof, any elections may be had, and any bus-- iness done, which are herein authorized to be had and done at an annual meeting, although the same may not be specified in the notice for the said meeting. And the first Board of Trustees, chosen at the said meeting shall continue in Office until the annual meeting of the said Corporation next ensuing their choice, and until another Board are chosen in their stead in pur-- suance of this Act.

Section 12. Be it further enacted, That the said Cemetery shall be and hereby is declared exempted from all public taxes, so long as the same shall remain dedicated to the purposes of a Cemetery.

House of Reps. March 27. 1835 Passed to be enacted Julius Rockwell Speaker

In Senate, March 28. 1835 Passed to be enacted Geo. Bliss President

March 31. 1835 Approved Sam. T. Armstrong

A Copy: Att. Edward D Bangs Secretary of the Commonwealth

An Act to incorporate the Proprietors of the Cemetery at Mount Auburn