INDENTURE WITH MOUNT AUBURN. 491 



Now therefore this Indenture Witnesseth 



First, The said parties in consideration of the premises hereby 

 mutually agree to and with each other in manner following, 

 namely, that in the future whenever the said Proprietors shall fill 

 up and improve any of the lands in said Cemetery which are now 

 or may hereafter be or become unsalable or unfit for burial pur- 

 poses, the cost of such filling up or improvement during each and 

 every year shall be deducted from the gross amount of money 

 received from the sale of lands within said Cemetery during the 

 said year : 



And the balance then remaining after such deduction shall be the 

 amount to be divided between the said Horticultural Society and 

 the said Proprietors in the proportions as provided and set forth in 

 article Second of said original Indenture. 



Second, It is hereby further understood and agreed by and 

 between the said parties that the settlements heretofore made by 

 and between the said corporations by their respective treasurers 

 are hereb} T fully ratified, confirmed, and established. 



Third, It is further expressly understood and agreed that the 

 said original Indenture is hereby republished and confirmed, 

 excepting only so far as said article Fifth may be varied by the 

 provisions of this Indenture. But nothing herein contained shall 

 be held or construed to change or vary the minimum rate at which 

 lands in said Cemetery are to be valued in settlement as set forth 

 in the last clause of said article Fifth of said original Indenture. 



In Witness whereof the said Massachusetts Horticultural Society 

 have caused their corporate seal to be hereto affixed and these 

 presents to be subscribed by James F. C; Hyde, its President, 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. 



JACOB BIGELOW, 

 President of the Proprietors of the Cemetery of Mount Auburn. 



MASSACHUSETTS HORTICULTURAL SOCIETY, 



By JAMES F. C. HYDE, President. 



