486 MASSACHUSETTS HORTICULTURAL SOCIETY. 



the original Cemetery conveyed to the said Proprietors by the said 

 Society, estimating such cost at fifteen hundred dollars per acre, 

 and adding thereto interest to be compounded half yearly from 

 April 17, 1854, taxes and other charges incurred in acquiring the 

 title of the said lands, and all monej's already expended in im- 

 proving the said lands and repairing the buildings thereon, first 

 deducting all rents and income derived therefrom, with compound 

 interest thereon. 



Second, The said Horticultural Society shall pay one fourth 

 part of the expense of enclosing the additional lands already pur- 

 chased, in a manner corresponding with the present Cemetery, 

 whenever the same shall be done ; and shall also in case of any 

 future enlargement of the said Cemeteiy, pay their proportion, 

 one fourth part, of the cost of any lands purchased for that pur- 

 pose, and one fourth of the expense of enclosing the same. 



Third, In the settlement for lands already purchased the said 

 Horticultural Society shall be credited with the sum of one hundred 

 and twenty-five dollars, being one fourth the amount received by 

 the said Proprietors for their interest in the dower estate of Mrs. 

 Pomroy (originally conveyed to the said Proprietors by the said 

 Society), with compound interest thereon from December 20, 1844. 



Fourth, The proceeds of sales of lots, both in the present 

 Cemetery, and also in the lands already purchased, or which may 

 hereafter be purchased as an enlargement of the said Cemetery, 

 shall be divided, according to the terms of the act of incorporation 

 of the said Proprietors, between the two corporations, after deduct- 

 ing fourteen hundred dollars ($1,400) yearly, to be retained by 

 the said Proprietors for expenses, in the proportion of one fourth 

 to the said Society and three fourths to the said Proprietors. 



Fifth, The Horticultural Society shall release the said Proprie- 

 tors from all claims for airy part of the proceeds of single interments 

 prior to the first day of January, 1859, and from and after that 

 time the proceeds of all such interments shall be divided between 

 the two corporations in the same proportions in which the sales of 

 lots are to be divided. 



Sixth, When lands otherwise unsalable or unfit for purposes of 

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

 and improvement shall first be deducted from the proceeds of sales 

 of such lands, and one fourth of the residue shall be paid to the 

 Horticultural Society provided the amount of such residue shall 



