ACTS TO INCORPORATE MOUNT AUBURN. 483 



lot, according to the terms of the grant or bequest. And the su- 

 preme judicial court, and any other court having equity jurisdiction, 

 shall have power to compel the due performance of the said trusts, 

 upon a bill filed by a proprietor of any lot in the said cemetery. 

 Approved March 21, 1834. 



E. Page 111. 



AN ACT TO INCORPORATE THE PROPRIETORS OF THE 

 CEMETERY AT MOUNT AUBURN. 



SECTION 10. Be it further enacted as follows : First, that the 

 present proprietors of lots in the said Cemetery, who shall become 

 members of the corporation created by this act shall thenceforth 

 cease to be members of the said Horticultural Society, so far as 

 their membership therein depends on their being proprietors of lots 

 in the said Cemetery. Secondly, that the sales of the Cemetery 

 lots shall continue to be made as fast as it is practicable by the 

 corporation created by this act, at a price not less than the sum of 

 sixty dollars for every lot containing three hundred square feet, 

 and so in proportion for any greater or less quantity, unless the 

 said Horticultural Society, and the corporation created by this act, 

 shall mutually agree to sell the same at a less price. Thirdly, 

 that the proceeds of the first sales of such lots, after deducting the 

 annual expenses of the Cemetery establishment, shall be applied to 

 the extinguishment of the present debts due by the said Horticul- 

 tural Society on account of the said Garden and Cemetery, and 

 after the extinguishment of the said debts, the balance of the said 

 proceeds, and the proceeds of all future sales, shall annual^, on 

 the first Monday in every year, be divided between the said Horti- 

 cultural Society and the corporation created by this act, in manner 

 following, namety ; fourteen hundred dollars shall be first deducted 

 from the gross proceeds of sales of lots, during the preceding year, 

 for the purpose of defraying the superintendent's salary and other 

 incidental expenses of the Cemetery establishment, and the residue 

 of the said gross proceeds shall be divided between the said Horti- 

 cultural Society, and the corporation created by this act, as fol- 

 lows, namely: one fourth part thereof shall be received by and 

 paid over to the said Horticultural Societ}', on the first Monday of 



