SETTLEMENT WITH MOUNT AUBURN. 107 



INDENTURE. 



An Indenture of two parts, made this eighteenth day of December, A. D. 

 Eighteen Hundred and Fifty-Eight, by and between the Massachusetts 

 Horticultural Society of the first part, and the Proprietors of the Cemetery 

 of Mount Auburn of the second part. 



Whereas differences have for some time past existed between the Mas- 

 sachusetts Horticultural Society and the Proprietors of the Cemetery of 

 Mount Auburn, the consideration of which, by the action of the said corpo- 

 rations respectively, was referred to a Committee of Conference, composed 

 of members of each of the said corporations, in the hope that measures 

 might be devised for an amicable adjustment of all differences : 



And whereas the said committee, after a full and careful consideration 

 , of all the matters thus referred to them, agreed upon a plan for the complete 

 adjustment of all differences and the final settlement of an questions be- 

 tween the said corporations, which plan was embodied in a report made to 

 both of the said corporations, which Report is in the words following: 



Whereas the Massachusetts Horticultural Society have, according to 

 the provisions of the act of incorporation of the Proprietors of Mount Au- 

 burn Cemetery, a ju^t claim for one fourth part of the proceeds of sales of 

 lots in the present Cemetery, after deducting $1400 yearly for expenses: 



And whereas the said Horticultural Society also claim a like proportion 

 of the proceeds of sales of any lands which may be annexed to the present 

 Cemetery for the purpose of enlarging the same, which claim however is 

 denied by the said Proprietors : 



And whereas the said Horticultural Society also claim one fourth part 

 of the proceeds of single interments heretofore made from time to time in 

 certain public lots, the fee of which is still in the said Proprietors: 



And whereas certain lands adjacent to the present Cemetery have been 

 purchased by the said Proprietors, for the purpose of annexing them to the 

 said Cemetery as an enlargement thereof, — and it may also be found desi- 

 rable, at some future time, further to enlarge the said Cemetery : 



And whereas the said Horticultural Society are willing to bear their 

 proportional part of the cost of the lands already purchased, and of such as 

 shall hereafter be purchased, and of the cost of enclosing the same — and 

 are also willing to bear their proportional part of the extra expenses which 

 may hereafter be incurred in the reclaiming and filling up such parts of the 

 said Cemetery, as it now exists or may hereafter be enlarged, as would 

 otherwise be unsaleable or unfit for purposes of burial : — 



Now therefore, with a view to effect an equitable settlement of all 

 questions and to prevent future doubts and difficulties between the parties 

 concerned, and to perpetuate the friendly relations existing between the 

 said societies, the Committee of Conference recommend the adoption of the 

 following arrangement between the two corporations : 



First. The said Horticultural Society shall pay to the said Proprietors 

 of Mount Auburn Cemetery one full fourth part of the cost of all lands ly- 

 ing south of Mount Auburn Street in Cambridge, heretofore purchased by 



