1854 Trustee Committee on Statuary: Legal Opinion on Statuary Appropriation (page 02)

superintendence and care of the property expenditures
business and prudential concerns of the Corporation ;
and of the sales of the lots in the said Cemetery, and
they shall make a report of their doings to the Corporation
at their annual meeting. If the Corporation's funds
can be properly applied to the purchase of Statuary, -
these words are large enough to show that the Board
of Trustees is the proper body to make the appropria-
tion and contract for the statues. Can the funds
be properly so applied?

The present Corporation took the conveyance of
the "Garden and Cemetery" not as an ordinary purchase
of land by a Corporation for the purpose of establishing
a Cemetery but upon sundry special trusts which
limit and restrain the full liberty of the Corporation
in the use of the property and its proceeds. These
trusts are set forth in the tenth section of the Charter,
and to that section our remarks will be principally
confined ; but some additional light may be deri-
ved in the interpretation of it from a part of
sections two and six. From these it appears that
the "Proprietors" hold the land (s 2) " upon the same
trusts and for the same purposes as the said Massa-
chusetts Horticultural society held the same" by
virtue of the statute of 1831. Ch. 69; and (s 6.) " all
the rights, powers and authorities, trusts, immunities
and privileges conferred upon the said Society" by