1854 Trustee Committee on Statuary: Legal Opinion on Statuary Appropriation (page 03)

said act were to be "transferred to and exercised by"
the new Corporation. These provisions are important,
because the Mass. Hort. Society might be called
upon to enforce the execution of the trusts under
the tenth section, and if there should seem to be
any doubt as to the construction of the language the
actual interpretation, formerly given by that Society
to its own charter, would, if similar to the meas-
ure now proposed, serve in some degree as an
answer to any present objection from that quarter.
And even if no interpretation had been given
by the Society itself, or its officers, to the Act of
1831, still the very language of that act may
serve to enlarge or diminish the meaning of
the present Company's charter.

It is obvious that the Corporation derives
no power to appropriate monies from the proceeds
of sales of lots in the original cemetery to the
purchase of statuary, from the ninth section.
Under that section they may undoubtedly take
statuary, or money for the purchase of statuary,
by bequest or donation, and contract for its preser-
vation in the Cemetery. But the words of the
Act in that section are much larger than those
in the tenth, and can only have a remote bearing
upon the construction of the latter, as shewing [sic], what
kind of "embellishments" the legislature consid-
ered as appropriate to the Cemetery.