INDENTURE WITH MOUNT AUBURN. 485 



ment of all questions between the said corporations, which plan 

 was embodied in a report made to both of the said corporations, 

 which Report is in the words following : 



WJiereas the Massachusetts Horticultural Society have, accord- 

 ing to the provisions of the act of incorporation of the Proprietors 

 of Mount Auburn Cemetery, a just claim for one fourth part of the 

 proceeds of sales of lots in the present Cemetery, after deducting 

 fourteen hundred dollars }'early for expenses : 



And whereas the said Horticultural Society also claim a like pro- 

 portion of the proceeds of sales of any lands which may be annexed 

 to the present Cemetery for the purpose of enlarging the same, 

 which claim however is denied by the said Proprietors : 



And whereas the said Horticultural Society also claim one 

 fourth part of the proceeds of single interments heretofore made 

 from time to time in certain public lots, the fee of which is still in 

 the said Proprietors : 



And whereas certain lands adjacent to the present Cemetery 

 have been purchased by the said Proprietors, for the purpose of 

 annexing them to the said Cemetery as an enlargement thereof, 

 and it may also be found desirable, at some future time, further to 

 enlarge the said Cemetery : 



And whereas the said Horticultural Society are willing to bear 

 their proportional part of the cost of the lands already purchased, 

 and of such as shall hereafter be purchased, and of the cost of 

 enclosing the same and are also willing to bear their proportional 

 part of the extra expenses which may hereafter be incurred in the 

 reclaiming and filling up such parts of the said Cemetery, as it now 

 exists or may hereafter be enlarged, as would otherwise be unsala- 

 ble or unfit for purposes of burial : 



Now, therefore, with a view to effect an equitable settlement of 

 all questions, and to prevent future doubts and difficulties between 

 the parties concerned, and to perpetuate the friendly relations 

 existing between the said societies, the Committee of Conference 

 recommend the adoption of the following arrangement between the 

 two corporations : . v r : 



First, The said Horticultural Society shall pay to the said Pro- 

 prietors of Mount Auburn Cemetery one full fourth part of the cost 

 of all lands lying south of Mount Auburn Street in Cambridge, 

 heretofore purchased by the said Proprietors for an enlargement of 



