Copying Book: Secretary's Letters, 1860 (page 140)

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Status: Indexed

the perpetual repair of lots, containing
three hundred feet and upwards, on the pay--
ment of a sum not less than three hun--
dred dollars, and of lots containing less
than three hundred feet, on the payment
of a sum not less than one hundred
dollars, according to the terms of Trust
given in the appendix. In this case, if
the Repair Fund should ever be lost, the whole
property of the Corporation is held for the per--
petual repair of such lots."—

Upon the supposition that you under--
stood the above clauses, which I either
showed or explained to you, when you wrote
on asking— "what will be the
amount to be paid to secure perpetual
care of my lot no. 2151"?— I very nat--
urally supposed you desired the guaranty
contract. With that supposition, I sub-
mitted that question to the Committee on
Lots. Your lot contains 300 square feet
as shown by the catalogue, and by the
[Corporation?] [last sentence on page hard to read]

the only place proper for reference to obtain
certain knowledge on that point. I have
the usual examination made by the Super--
intendent in back cases reported in writing
to the Comee, which paper is returned to me
and placed on the files. In that paper is --
"size of lot -- 300 square feet."— Your
suggestion, therefore, that "the Committee
must have made a mistake in the size of my
lot 2151"— is, I must think, somewhat out
of place.

You have evidently confounded the two
kinds of contract. If you notice the lan--
guage of the by-law again you will see that
there is no absolute measure for the care of
a lot. No sum less than $100 can be received.
You can pay in $100, if you choose, and the
Corporation will faithfully apply the income,
to the purpose— but if it is insufficient for
all that may be required, no one can
certainly find fault for the Corporation
not going beyond the means at their disposal.
It is a trust. The Trustees are mere fiduciary

140

Notes and Questions

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LisaCarper

Par. 1 l. 9 -- [ever?]

LisaCarper

Par. 2 last sentence -- [Corporation?] [last sentence on page hard to read]

LisaCarper

2nd pg.
Par. 1 l. 1 -- [repair? indecipherable]

LisaCarper

2nd pg.
Par. 4 last sentence -- [It is contracts?]