1858_05_27_ToCurtis1_1831_014_003-009

There never was any "gardener" at
Mount Auburn. One was contemplated by the
Hort. Society & provided for in their act of
incorporation, but no land was ever set off for that
purpose. Therefore the words "cemetery & garden"
mean only the present cemetery.

There are two items of property provided
for in the act under which the transfer was made.

1. The "garden & cemetery now held by the
Mass Horticultural Society." Section 2^d

2. "Any other lands adjacent thereto not exceeding
fifty acres" &c -- Section 2^d

The first item is afterwards continually referred
to as the "said garden & cemetery", or "said cemetery".
The second item is continually ignored, and never
referred to afterwards in the act.

Now if it had been the intention of the contracting
parties to have guarded the second item for the benefit
of the Horticultural Society, they would have said not
simply the "said cemetery", but "said cemetery & any other
lands adjacent thereto," or "added thereto."

The following [equation?] will trace the thing
from the end to the beginning