PARK AND CEMETERY. 
235 
Attest Secretary. 
Received and entered with Mount Auburn records 
of contracts for perpetual repair on this 
day of A. D. 19. . . . 
Attest Secretary. 
APPENDIX C 
[Donation in Trust for the Repair of Lots.] 
Know all Men by these Presents. 
That 
hereby give unto the Proprietors of the Cemetery 
of Mount Auburn the sum of 
Dollars 
tor its sole use forever; in trust, nevertheless, 
that the Trustees of the said Corporation for the 
time being shall, in order to obtain an income 
therefrom, invest the same from time to time, 
in accordance with the provisions of the By-Laws 
in regard to the investment of such funds, and ap- 
ply the income or interest thereof, from time to 
time, after deducting therefrom the sum of fifty 
cents out of every hundred dollars of the sum so 
above given, as follows: 
First. — To keep in suitable and good repair and 
preservation said Lot numbered 
in the said Cemetery, situated upon 
and containing square feet, and 
the monument , fence , trees, shrubbery, and the 
soil thereon. 
Secondly. — To suffer the surplus, if any, of such 
Income or interest to accumulate for such time as 
the said Trustees may deem expedient, or, in their 
discretion, to apply the same surplus, or any part 
thereof, from time to time, to ornamenting and 
preserving the grounds of the said Cemetery, or to 
any other or all the purposes to which, by the 
.\ct of Incorporation, the funds of the said Corpora- 
tion may be lawfully applied, and which are ap- 
propriate to the objects of the establishment of the 
Cemetery. 
Provided, however. That the said Trustees shall 
never be responsible for their conduct in the prem- 
ises. except for good faith and such reasonable dili- 
gence as may be required of mere gratuitous 
agents; and provided further, that the said Trus- 
tees shall in no ease be obliged to make any sep- 
arate Investment of the sum so given, and that the 
average Income or interest derived from all funds 
of the like nature belonging to the Corporation 
shall be divided annually, and carried proportionally 
to the credit of each Lot entitled thereto. 
In Witness Whereof. have hereunto set 
hand and seal on this 
day of A. D. nine- 
teen hundred and 
Executed in presence of 
The Treasurer of the Proprietors of the Ceme- 
tery of Mount .\ubum hereby acknowledges the 
receipt of Dollars from 
on the trusts within 
mentioned. 
Treasurer. 
Boston 19 
Received and entered with Mount Auburn rec- 
ords of grants and donations on this 
day of A. D. 19 
Attest, Secretary. 
Under a Guaranty contract, the washing, 
pointing and plumbing, but not the re- 
newal, is provided for, and nearly all of 
our contracts are of that character. 
The Renewal contract provides for the 
replacing of the monuments should they 
decay or become broken. 
The third form of contract, which, as I 
have said, is the fairest, is that by which 
the Corporation accepts a sum of money 
which is invested with its other trust 
funds, the net income from which is di- 
vided pro rata, and the Corporation agrees 
to care for the structure as far as the in- 
come will permit, but limits its responsi- 
bility to the careful and proper expendi- 
ture of the income. It would be inadvis- 
able, however, to accept any sum that the 
FIG. 15. MONUMENT TO TIMOTHY MCCARTHY, LATE SUPERINTENDENT OF 
SWAN POINT CEMETERY, PROVIDENCE, R. I. 
proprietor might be willing to give. There 
should be a proper survey made of the 
structure to be cared for ; an estimate 
made of the yearly cost for repairs, and a 
minimum sum set which the Corporation 
is willing to receive. In the other two 
contracts it is provided “that said Corpo- 
ration shall not be responsible for any 
loss or damages originating in or incident 
to, earthquakes, cyclones, wars, riots, civil 
commotions, or the unlawful act of any 
person.” I regard that as a carefully 
drawn contract, and in view of what I 
have just shown you in regard to the de- 
vastation of a thunderstorm, I hardly think 
it is too carefully drawn. 
In making the estimate of the amount 
needed, no matter how carefully consid- 
ered, some will under-run. and others, if 
left to the ordinary course of events, will 
accumulate amounts altogether dispropor- 
tionate to the needs of the particular lot. 
I think it is desirable, therefore, that the 
amount paid shall be placed in one trust 
fund and no individual accounts kept. In 
the Mt. Auburn Cemetery methods, while 
all the moneys are invested in one fund 
and the income divided pro rata, and the 
individual lot has an account kept of the 
individual income and expenditure, so, to 
prevent unnecessary accumulation, it is 
provided that “the Corporation may, by 
special vote of the Board of Trustees, use 
any portion of the income accruing there- 
from which may remain after the fulfill- 
ment of the obligations hereby assumed, 
for the ornamentation and preservation of 
the grounds of said cemetery.” 
All these general statements may lead 
you to think that I am giving you a very 
small “pennyworth of bread to this intoler- 
able deal of sack," so I will proceed to 
FIG. 14. WHEIIE POINTING OF .lOINT.S WAS lIEgUIUED. 
