110 MASSACHUSETTS HORTICULTURAL SOCIETY. 



Third. The sum of nine thousand eight and 49-100 dollars which, on 

 the first day of January next will be due and owing from the said Horti- 

 cultural Society to the said Proprietors, shall be paid in manner following, 

 viz. : the said Proprietors shall have the right to retain out of the amount 

 which, under the provisions of the preceding article, will yearly and in each 

 year be due and payable to the said Society, one full half part thereof of 

 the amount so payable, which part so retained shall be applied first to the 

 payment of the yearly interest on the said sum, or on such part as shall 

 remain unpaid, and the residue to the reduction and final extinguishment 

 of the said debt, until the same shall be fully paid and discharged. Pro- 

 vided, however, that the said Society shall have the right to pay the- whole 

 or any part of the said sum at any time. 



Fourth. The said Society hereby covenants with the said Proprietors 

 that whenever the said Proprietors shall enclose the lands already pur- 

 chased, in a manner corresponding with the present Cemetery, or other- 

 wise, as they shall see fit, they will pay to the said Proprietors one fourth 

 part of the cost thereof, and in like manner in case of any future additions 

 to and enlargement of the Cemetery, they will pay to the said Proprietors 

 one fourth part of the cost of enclosing the same, whenever such enclosure 

 shall be completed, the time and manner of making such enclosure to be at 

 the discretion of the said Proprietors. 



Fifth. Whenever lands, otherwise unsaleable or unfit for purposes of 

 burial, shall be filled up and improved, the cost of such filling up and im- 

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

 and the residue only shall be the amount to be accounted for by the said 

 Proprietors, and to be divided between the two corporations in the manner 

 specified in the second article of this indenture. Provided, however, that 

 the amount of such residue shall never be less than fifty cents per square 

 foot, except that intermediate spaces between lots, when not intended for 

 burial, may be sold for sixteen and two thirds cents per square foot. 



Sixth. In case the said Proprietors shall hereafter build receiving 

 tombs, catacombs or columbaria in the said Cemetery, the said Horticul- 

 tural Society shall pay one fourth part of the cost thereof, and shall be 

 entitled to one fourth part of all amounts received for interments therein. 



Seventh. The said Horticultural Society hereby release the said Pro- 

 prietors from all claims and demands for or on account of any and all 

 moneys received, or which shall be received by the said Proprietors for 

 single interments, in the said Cemetery, prior to the first day of January 

 next. 



Eighth. It is understood and agreed that the said Horticultural Society 

 have no interest in the lands situated on the northerly side of Mount 

 Auburn Street, on which the gardener's house now stands, and the said 

 Society hereby expressly disclaims all right, title and interest therein. 



In witness whereof, the said Horticultural Society have caused their 

 corporate seal to be hereto affixed, and these presents, the same having 

 been approved by Marshall P. Wilder and Edward S. Rand, a committee 



