SETTLEMENT WITH MOUNT AUBURN. 109 



The Committee of Conference further recommend, that the amount 

 which, under the foregoing arrangement, will be due from the Horticultural 

 Society to the Proprietors of Mount Auburn Cemetery, be paid as follows, 

 viz. : the said Proprietors shall retain, from the yearly amounts to which the 

 Horticultural Society shall be entitled upon the division of the proceeds 

 of sales, one full half part, until the whole indebtedness of the said Society 

 shall be discharged, with yearly interest ; the said Horticultural Society, 

 however, reserving the right to pay the whole, or any part of the said sum, 

 at any time. 



Jacob Bigelow, Edward S. Rand, 



for the Committee. 



And whereas the said Report has been adopted by the said Horticul- 

 tural Society and by the Trustees of the said Proprietors, and whereas it is 

 found, upon a careful computation upon the basis agreed on in the said Re- 

 port, there will be due from the said Society to the said Proprietors, on the 

 first day of January next, the sum of nine thousand and eight 49-100 dollars : 

 Now, THEREFORE, in Order to carry into etfect the recommendations of 

 the said Report the said Massachusetts Horticultural Society and the said 

 Proprietors of the Cemetery of Mount Auburn, in consideration of the 

 covenants hereby mutually entered into, and of one dollar by each to the 

 other paid, the receipt of which is hereby acknowledged, do hereby cov- 

 enant and agree, each with the other, in manner following : — 



First. That the said Cemetery as now existing, and situated south of 

 the street called Mount Auburn Street, in Cambridge, together with the 

 lands already purchased as an enlargement thereof, and all additions 

 which shall hereafter be made to the same, shall be held by the said Pro- 

 prietors ; and the entire control, management and direction of the same, and 

 of all works and improvements therein, and expenditures thereon, shall be 

 and remain in the said Proprietors and their officers, in as full and com- 

 plete a manner as the same are now vested in and entrusted to them by 

 act of Legislature incorporating the said Proprietors, passed on the thirty- 

 first day of March, A. D. eighteen hundred and thirty-five. 



Second. The yearly proceeds of all sales of lands in the said Cemetery, 

 as it now exists or may hereafter be enlarged, together with all amounts 

 received for single interments in any public lots or receiving tombs, afler 

 the deduction of fourteen hundred dollars therefrom, to be retained by the 

 said Proprietors for the purposes stated in said act, shall, on the first Mon- 

 day in every year, be divided between the said Proprietors and the said 

 Horticultural Society, according to the terms of the said act, in the follow- 

 ing proportions, viz., three fourths to the said Proprietors and one fourth to 

 the said Society ; and the said Proprietors shall at such time render to the 

 said Society a just and true account of all sales made, and of all moneys 

 received by them for such lands and interments during the preceding year, 

 and shall furnish all such vouchers and evidence in regard to the same as 

 the said Society may reasonably require. 



