INDENTURE WITH MOUNT AUBURN. 489 



Fourth, The said Society hereby covenants with the said Proprie- 

 tors that whenever the said Proprietors shall enclose the lands 

 already purchased, in a manner corresponding with the present 

 Cemetery, or otherwise, as they shall see fit, they will pay to the 

 said Proprietors one fourth part of the cost thereof, and in like 

 mariner 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 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 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 receiv- 

 ing tombs, catacombs, or columbaria, in the said Cemetery, the 

 said Horticultural 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 

 Proprietors 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 Cemeter}', prior to the 

 first da} T 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 appointed for that purpose, to be subscribed on 



