108 MASSACHUSETTS HORTICULTURAL SOCIETY. 



the said Proprietors for an enlargement of the original Cemetery conveyed 

 to the said Proprietors hy the said Society, estimating such cost at fifteen 

 hundred dollars per acre, and adding thereto interest, to be compounded half 

 yearly from April 17, 1854, taxes and other charges incurred in acquiring 

 the title of the said lands, and all moneys already expended in improving the 

 said lands and repairing the buildings thereon, first deducting all rents and 

 income derived therefrom, with compound interest thereon. 



Second. The said Horticultural Society shall pay one fourth part of the 

 expense of enclosing the additional lands already purchased, in a manner 

 corresponding with the present Cemetery, Avhenever the same shall be done ; 

 and shall also, in case of any future enlargement of the said Cemetery, pay 

 their proportion, one fourth part, of the cost of any lands purchased for that 

 purpose, and one fourth of the expense of enclosing the same. 



Third. In the settlement for lands already purchased the said Horticul- 

 tural Society shall be credited with the sum of one hundred twenty-five 

 dollars, being one fourth the amount received by the said Proprietors for 

 their interest in the dower estate of Mrs. Pomroy, (originally conveyed to 

 the said Proprietors by the said Society,) with compound interest thereon 

 from Dec. 20, 1844. 



Fourth. The proceeds of sales of lots both in the present Cemetery and 

 also in the lands already purchased, or which may hereafter be purchased 

 as an enlargement of the said Cemetery, shall be divided, according to the 

 terms of the act of incorporation of the said Proprietors, between the two 

 corporations, after deducting ($1400) fourteen hundred dollars yearly, to be 

 retained by the said Proprietors for expenses, in the proportion of one fourth 

 to the said Society and three fourths to the said Proprietors. 



Fifth. The Horticultural Society shall release the said Proprietors from 

 all claims for any part of the proceeds of single interments prior to the first 

 day of January, 1859, and from and after that time the proceeds of all such 

 interments shall be divided between the two corporations, in the same pro- 

 portions in which the sales of lots are to be divided. 



Sixth. When lands otherwise unsaleable or unfit for purposes of burial 

 shall be filled up and improved, the cost of such filling up and improvement 

 shall first be deducted from the proceeds of sales of such lands, and one 

 fourth of the residue shall be paid to the Horticultural Society — provided 

 the amount of such residue shall never be less than tlie current price of 

 land in the Cemetery, which is now fifty cents per square foot, except that 

 intermediate spaces between lots, when not intended for burial, may be 

 sold for 16| cents per square foot. 



Seventh. In case the said Proprietors shall hereafter build receiving 

 tombs, catacombs, or columbaria, the Horticultural Society shall pay their 

 proportion (one fourth) of the cost thereof, and shall be entitled to one fourth 

 of the amounts received for interments therein. 



Eighth. The necessary releases and indentures to carry into effect the 

 foregoing arrangement shall be made and executed by and between the 

 said parties ; but the terms of the act of incorporation of the said Proprie- 

 tors, so far as they regulate the relations between the two corporations, 

 ehall not be otherwise altered. 



