Trustees Records, Vol. 6, 1875, page 26

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24

said Trustees, or the major part of them, shall have the right,
and it shall be their duty, to enter upon said land, and remove
the said offensive or improper object or objects.

Eighth, [italics] No fence shall from time to time, or at any time, be
placed or erected in or around the said lot, the materials and
design of which shall not first have been approved by the
Trustees.

Ninth, [italics] No tomb shall be constructed within the bounds of
the Cemetery, except in or upon the lots situated in such parts
of the grounds as shall be designated by the Trustees for that
purpose; and no proprietor shall suffer the remains of any
person to be deposited in a tomb so authorized for hire.["for hire" italicized]

Tenth, [italics] The said lot of land shall be holden subject to the
provisions contained in an Act of the General Court, dated
March 31, 1835, and entitled "An Act to incorporate the
Proprietors of the Cemetery of Mount Auburn," and the
several Acts in addition thereto.

^And to all By=Laws, rules and regulations made and to be made by said corporation, in pursuance of authority
granted to it by any Act or Acts of the Commonwealth of Massachusetts,.

[Rep. of Com. on R. & R. Apr 23^d, '75. Rec. VI = 4]

And the said Proprietors of the Cemetery of Mount Auburn
do hereby covenant to and with the said _________
_______ heirs and assigns, that they are
lawfully seized of the aforegranted premises, and of the ways
leading to the same from the highway, in fee simple; that
they are free from all incumbrances; that the Corporation
have a right to sell and convey the said premises to the said
____________ for the purposes
above expressed; and that they will warrant and defend the
same unto the said ________+ heirs and
assigns forever.

And the said Proprietors of the Cemetery of Mount Auburn
further covenant to and with the said _________
___________ heirs and assigns, that the provisions of
the seventh article of the By-Laws, for the establishment and
security of a fund for the preservation of the Cemetery and its
appurtenances, and the further provisions of the ninth article of
the By-Laws, requiring that certain spaces within the Cemetery
be forever kept open, and that no interments be ever made, nor
buildings nor monuments of any description be erected thereon

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