490 MASSACHUSETTS HORTICULTURAL SOCIETY. 



behalf of the said Society by their President, Josiah Stickney ; and 

 the said Proprietors of the Cemetery of Mount Auburn have caused 

 their corporate seal to be hereto affixed, and these presents to be 

 subscribed by their President, Jacob Bigelow, the day and year 

 first above written. 



MASSACHUSETTS HORTICULTURAL SOCIETY, 

 By JOSIAH STICKNEY. 



Approved, 



MARSHALL P. WILDER, 

 EDWARD S. RAND, 



Comm. of Mass. Hort. Soc. 



PROPRIETORS OF THE CEMETERY OF MOUNT AUBURN, 



By JACOB BIGELOW, President. 



AN INDENTURE OF TWO PARTS MADE THIS FIRST DAY OF 

 JANUARY, A.D. EIGHTEEN HUNDRED SIXTY-NINE, BY 

 AND BETWEEN THE MASSACHUSETTS HORTICULTURAL 

 SOCIETY OF THE FIRST PART AND THE PROPRIETORS 



v :r OF THE CEMETERY OF MOUNT AUBURN OF THE SEC- 

 OND PART. 



Whereas in and by a certain Indenture by and between the 

 parties hereto, dated December 18, A.D. 1858, and recorded with 

 Middlesex Deeds, Lib. 870, foL 365, it was among other things 

 provided as follows : 



" Fifth, Whenever lands, otherwise unsalable or unfit for pur- 

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

 filling up and improvement shall first be deducted from the pro- 

 ceeds 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." 



And whereas difficulties have arisen in the construction and 

 carrying into effect the provisions of said article, as above set forth, 

 and it has been deemed expedient and for the interests of the par- 

 ties concerned that some modification of the said article should be 

 made: 



