482 MASSACHUSETTS HORTICULTURAL SOCIETY. 



discharge any fire-arm within the said limits, he shall be deemed 

 guilty of a misdemeanor, and shall upon conviction thereof before 

 any justice of the peace, or other court of competent jurisdiction, 

 be punished by a fine not less than five dollars, nor more than fifty 

 dollars, according to the nature and aggravation of the offence : 

 and such offender shall also be liable in an action of trespass, to be 

 brought against him in the name of the Massachusetts Horticultu- 

 ral Societ^y, to pay all such damages as shall have been occasioned 

 by his unlawful act or acts, which money, when recovered, shall be 

 applied by the said Society, under the direction of the garden and 

 cemetery committee, to the reparation and restoration of the prop- 

 erty destroyed or injured as above ; and members of the said Soci- 

 ety shall be competent witnesses in such suits. 



SECT. 2. Be it farther enacted, That any person owning a 

 cemetery lot, containing not less than three hundred square feet, 

 shall be a member of the Massachusetts Horticultural Society so 

 long as he continues to own the same. And upon the death of any 

 such proprietor, the devisee of such lot, or the heir at law, as the 

 case may be, shall be entitled to all the privileges of membership 

 as aforesaid ; and if there be more than one devisee or heir at law 

 of such lot, the garden and cemetery committee of the said Society, 

 for the time being, shall designate which of the said devisees or 

 heirs at law shall represent the said lot, and vote in the meetings 

 of the Society, which designation shall continue in force, until, by 

 death, removal, or other sufficient cause, another shall become 

 necessary ; and in making such designation the said committee 

 shall, as far as they conveniently may, give the preference to males 

 over females, and to proximity of blood, and seniority of age, hav- 

 ing due regard, however, to vicinity of residence. 



SECT. 3. Be it further enacted, That it shall be lawful for the 

 said Society to take and hold an} T grant, donation, or bequest of 

 property upon trust, to apply the income thereof, under the direc- 

 tion of the garden and cemetery committee, for the improvement 

 or embellishment of the said cemetery, or of the garden adjacent 

 thereto, or of any buildings, structures, or fences, erected or to be 

 erected upon the lands of the Society, or of any individual proprie- 

 tor of a lot in the cemetery, or for the repair, preservation, or 

 renewal of any tomb, monument, grave- stone, fence or railing, or 

 other erection in or around any cemetery lot, or for the planting and 

 cultivation of trees, shrubs, or plants, in or around any cemetery 



