1835 Trustees Meeting Minutes, Volume 1, 1831.005.001

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Voted. To adopt & pass the same as bye laws of the Corporation.

Annual Meeting Time of ___

Voted. That a committee of three be appointed to consider the propriety of changing the time of the annual meeting. Mess^rs Bond, Appleton & Bigelow were then chosen to constitute this com^ee.

Conveyance from Mass. Hor. Society

Voted. That the com^ee appointed to apply for & obtain a conveyance from the Mass. Hor. Society, of the land, & other property appertaining to the cemetery & garden of Mount Auburn be authorised to accept the deed which has been prepared when signed by the Com^ee of the Mass^tts Hor^e Society, that the deed be recorded in the records of the Corporation, & in the Registry of deeds of the County of Middlesex.

Voted. To dissolve this meeting. Attest. B. R. Curtis Secy.

Deed from Mass. Hor. So^y.

To all persons to whom these present, shall come Greeting. Know ye that the Massachusetts Horticultural Society in consideration of ten dollars paid to them by the Proprietors of the Cemetery of Mount Auburn, the receipt of which is hereby acknowledged, & for diverse other good & valuable considerations, do ^^hereby grant, sell & convey unto the said Proprietors their Successors & Assigns, all their property & estate in & to the lands in the

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Towns of Cambridge & Watertown, in the County of Middlesex, heretofore known as the Cemetery & Experimental Garden at Mount Auburn, together with all Lands appurtenant to the same in which the Grantors have any interest, property or estate; - The said premises being estimated to contain in the whole about one hundred & ten acres, & for a more particular description of which reference is made to the Deeds of Rhoda Crafts, George W. Brimmer, Joel Stone, David Stone, David Stone Guardian Columbus J. Stone, Melinda Stone, William M. Poweroy & wife, Ann Cutter, generally to the Massachusetts Horticultural Society, recorded in the Registry of Deed for the County of Middlesex.

To have & to hold the afore granted Premises unto the Proprietors of the Cemetery of Mount Auburn & to their successors & assigned forever, upon the trusts, & for the uses & purposes mentioned & expressed in the Act of the Legislature entitled, "An Act to incorporate the Proprietors of the Cemetery of Mount Auburn." And it is hereby understood & agreed between the par ties that conveyance is made expressly upon the following fundamental stipulations, which are to be mutually obligatory & binding upon the parties, as contained in the tenth section of the said Act incorporating the said Proprietors of the Cemetery of Mount Auburn. First, that the present Proprietors of Lots in the said Cemetery, who shall become members of the Corporation created by the said act, shall thenceforth cease to be members of the Horticultural Society aforesaid,

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so far as their membership depends upon their being Proprietors of Lots in the said Cemetery;Secondly, that the sales of the Cemetery Lots shall continue to be made as fast as is practicable, by the Corporation created by the said Act, at a price not less than the sum of Sixty Dollars for every Lot containing three hundred square feet & so in proportion for any greater or less quantity, unless the said Horticultural Society & the Corporation created by the said act shall mutually agree to sell the same at a less price.; Thirdly, that the proceeds of the first sales of the said ^such Lots, after deducting the annual expenses of the of the Cemetery Establishment, shall be applied to the extinguishment of the present debts, due by the Horticultural Society on account of the said Garden & Cemetery, & after the extinguishment of the said debts, the balance of the said proceeds, & the proceeds of all future sales, shall annually, on the first Monday of every year be divided between the said Horticultural Society & the Corporation created by the said Act in manner follow, ing vis: fourteen hundred dollars shall be first deducted from the gross proceeds of the Sales of Lots of the preceding year, for the purpose of defraying the superin -tendents salary & other incidental expenses

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of the Cemetery Establishment, & the residue of the said gross proceeds, shall be divided between the said Horticultural Society & the Corporation created by the said Act, as follows vis: one fourth part thereof shall be received by & paid over to the said Horticultural Society on the first Monday of January of every year, & the remaining three fourth parts shall be retained & held by the Corporation created by the said Act forever to their own use. 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 succeeding year or years. Fourthly, that the money so received by the said Horticultural Society shall be forever devoted & applied by the said Society to the purposes of an experimental garden, & to promote the Art & Science of Horitculture, & for no other purpose; & the money so retained by the Corporation created by this Act, shall be forever devoted & applied to the preservation, improvement, embellishment & enlargement of the said Cemetery & Garden & the incidental expenses thereof, & for no other purpose whatsover. Fifthly, that 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 & examine the Books & Accounts of the Treasurer, or other officer acting as Treasurer of the Corporation created by this Act, as for as may be necessary to ascertain the Sales of Lots of the preceeding

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year, In testimony whereof, the said Massa chusetts Horticultural Society have caused their common seal to be hereto affixed & this deed to be signed & delivered by Elijah Vose, Jonathan Winship, Robert T. Paine, Marshal P. Wilder, & Isaac P. Davis (a committee of the said Society legally appointed for this purpose at a Meeting thereof held June 6, 1835, as by reference to the record thereof, a copy of which is herewith annexed will appear) on this nineteenth day of June A.D. eighteen hundred & thirty five.

Signed Elijah Vose Jon^a Winship (L.S.) Robert Treat Paine Marshal P. Wilder Isaac P. Davis

Suffolk ss. Boston July 13, 1835. Personally appeared Robert T. Paine & acknowledged this instrument to be the free act & deed of the M.H.S. Before me Cha^s P. Curtis Jus. Peace. Suffolk ss. Boston July 11. 1835 Personally appeared Marshal P. Wilder & acknowledged this instrument to be the free act & deed of the Mass. H.or. So^y Before me Cha^s P. Curtis Jus. of Peace Suffolk ss. Boston July 17. 1835. Boston. Personally appeared Isaac P. Davis & acknowledged this instrument to be the free act & deed of the Mass. H. So Before me Cha^s P. Curtis Justice of Peace acknowledged this instrument to be the free act & deed of the Mass. Hor. Society before me Cha^s P. Curtis Justice of Peace Suffolk ss. Aug. 1. 1835-Personally appeared Jon^a Winship and acknowledged this above instrument by him subscribed to be the free act & deed of the Mass. Hor. So^y. Before me Cha^s P. Curtis, Jus. Peace A true copy attest B. R. Curtis, Secy.