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ACTS OF INCORPORATION 
 
 BY-LAWS 
 
 OF THE 
 
 PROPRIETORS 
 
 OF THE 
 
 CEMETERY OF MOUNT AUBURN. 
 
 OFFICE, 
 16 PEJ1BERTON SQUARE, BOSTON. 
 
 BOSTON: ^ 
 PRESS OF RAND, AVERY, & CO., 3 CORNHILL. 
 
 1872. 
 
TiA M 
 
BOARD OF TRUSTEES FOR 1872. 
 
 JACOB BIGELOW, > 
 
 JAMES L. LITTLE, \ 
 
 ISAAC LIVERMORE, ) 
 
 SAMUEL T. SNOW, ) 
 
 THOMAS M. BREWER, ) 
 
 WILLIAM PERKINS, ) 
 
 NATHANIEL J. BRADLEE, ) 
 
 ALFRED T. TURNER, ) 
 
 JOHN T. BRADLEE, ) 
 
 HENRY W. PICKERING, \ 
 
 EDWARD LAWRENCE, ) 
 
 CHARLES F. CHOATE, v 
 
 Term expires in 1873. 
 
 Term expires in 1874. 
 
 Term expires in 1875. 
 
 Term expires in 1876. 
 
 Term expires in 187 7. 
 
 Term expires in 1878. 
 
OKGANIZATION OF THE BOAKD OF TKUSTEES 
 
 FOR THE YEAR 1872. 
 
 JOHN T. BRADLEE, President. 
 
 Committee on Grounds. 
 
 JOHN T. BRADLEE. JACOB BIGELOW. 
 
 ISAAC LIVERMORE. EDWARD LAWRENCE. 
 
 HENRY W. PICKERING. 
 
 Committee on L.ots. 
 
 SAMUEL T. SNOW. WILLIAM PERKINS. 
 
 NATHANIEL J. BRADLEE. 
 
 Committee on Interments. 
 
 THOMAS M. BREWER. CHARLES F. CHOATE. 
 
 Committee on Finance. 
 
 ALFRED T. TURNER. JAMES L. LITTLE. 
 
 SAMUEL BATCHELDER, Jun., Secretary. 
 H. B. MACKINTOSH, Treasurer. 
 
 Office of the Corporation. 
 
 16 PEMBERTON SQUARE, BOSTON. 
 C. W. FOLSOM, Superintendent. 
 
 AT THE CEMETERY. 
 
TRUSTEES FROM 1831. 
 
 * JOSEPH STORY . 
 
 *r 
 
 . from 1831 to 1845, 
 
 d. Sept. 10, 1845. 
 
 f JACOB BIGELOW 
 
 it 
 
 1831. 
 
 
 
 GEORGE BOND . 
 
 a 
 
 1831 
 
 " 1842 
 
 d. May 25, 1842. 
 
 BENJAMIN A. GOULD . 
 
 . 
 
 1831 
 
 " 1S59; 
 
 d. Oct. 24, 1859. 
 
 H. A. S. DEARBORN . 
 
 . 
 
 1831 
 
 " 1833; 
 
 d. July 29, 1851. 
 
 GEORGE W. BRIMMER . 
 
 n 
 
 1831 
 
 " 1832; 
 
 d. Sept. 12, 1838. 
 
 CHARLES "WELLS 
 
 a 
 
 1831 
 
 " 1832; 
 
 d. June 4, 1866. 
 
 ZEBEDEE COOK, Jun. 
 
 u 
 
 1832 
 
 " 1833; 
 
 d. Jan. 24, 1858. 
 
 EDWARD EVERETT . 
 
 a 
 
 1831 
 
 " 1832; 
 
 d. Jan. 15, 1865. 
 
 GEORGE W. PRATT . 
 
 (i 
 
 1831 
 
 " 1832. 
 
 ■ 
 
 JOSEPH P. BRADLEE 
 
 a 
 
 1833 
 
 " 1837; 
 
 d. Feb. 19, 1838. 
 
 CHARLES BROWNE . 
 
 <« 
 
 1833 
 
 •' 1837; 
 
 d. July 21, 1856. 
 
 CHARLES P. CURTIS . 
 
 it 
 
 1833 
 
 " 1S64; 
 
 d. Oct. 4, 1864. 
 
 SAMUEL APPLETON. 
 
 (< 
 
 1834 
 
 " 1837; 
 
 d. July 12, 1853. 
 
 ELIJAH VOSE 
 
 <( 
 
 1834 
 
 " 1835; 
 
 d. Sept. 12, 1856. 
 
 JAMES READ 
 
 (< 
 
 1835 
 
 " 1867; 
 
 d. Dec. 24, 1870. 
 
 BENJAMIN R. CURTIS . 
 
 K 
 
 1837 
 
 " 1851. 
 
 
 MARTIN BRIMMER . 
 
 u 
 
 1838 
 
 " 1847; 
 
 d. April 25, 1847. 
 
 ISAAC PARKER . 
 
 it 
 
 1838 
 
 " 1854; 
 
 d. May 27, 1858. 
 
 SAMUEL T. ARMSTRONG 
 
 a 
 
 1839 
 
 " 1840; 
 
 d. March 26, 1S50 
 
 GEORGE W. CROCKETT . 
 
 a 
 
 1843 
 
 " 1855; 
 
 d. Aug. 14, 1859. 
 
 JOHN C. GRAY . 
 
 U 
 
 1845 
 
 " 1849. 
 
 
 JOHN J. DIXWELL . 
 
 a 
 
 1847 
 
 " 1851. 
 
 
 MACE TISDALE, from 1850 to 11 
 
 553, and " 
 
 1855 
 
 " 1858; 
 
 d. Nov. 20, 1861. 
 
 GEORGE H. KUHN . 
 
 u 
 
 1852 
 
 " 1855. 
 
 
 CHARLES C. LITTLE 
 
 (( 
 
 1852 
 
 " 1867; 
 
 d. Aug 9, 1869. 
 
 ISAIAH BANGS . 
 
 (I 
 
 1854 
 
 " 1859; 
 
 d. March 22, 1859 
 
 JAMES CHEEVER 
 
 (( 
 
 1856 
 
 " 1870. 
 
 
 URIEL CROCKER 
 
 u 
 
 1856 
 
 " 1865. 
 
 
 WILLIAM R. LAWRENCE 
 
 u 
 
 1856 
 
 " 1860. 
 
 
 HENRY S. McKEAN . 
 
 (< 
 
 1856 
 
 " 1857; 
 
 d. May 17, 1857. 
 
 CHARLES G. NAZRO . 
 
 (( 
 
 1856 
 
 ' 1865. 
 
 
 * The persons whose names occur under the head of " Trustees " before the year 
 1835, constituted, until that year, " the Garden and Cemetery Committee " of the Massa- 
 chusetts Horticultural Society. 
 
 f Dr. Bigelow is still a member of the Boai'd. 
 
TRUSTEES. 
 
 WILLIAM T. ANDREWS 
 
 JACOB SLEEPER. 
 
 EDWARD S. TOBEY . 
 
 EDWARD AUSTIN . 
 
 EDWARD S. RAND . 
 
 GEORGE LIVERMORE 
 
 OTIS NORCROSS . 
 
 J. INGERSOLL BOWDITCH 
 
 PAUL ADAMS 
 
 LOYAL LOVEJOY 
 ISAAC LIVERMORE . 
 JOHN T. BRADLEE . 
 NATHANIEL J. BRADLEE 
 ALFRED T. TURNER 
 THOMAS M. BREWER 
 EDWARD LAWRENCE 
 CHARLES F- CHOATE 
 WILLIAM PERKINS . 
 SAMUEL T. SNOW . 
 JAMES L. LITTLE . 
 HENRY W. PICKERING 
 
 from 1859 to 1863. 
 
 " 1859 " 1870. 
 
 " 1859 " 1863. 
 
 " 1860 " 1870. 
 
 " 1860 " 1871. 
 
 " 1864 " 1865; d. Aug. 30, 1865. 
 
 " 1864 " 1870. 
 
 " 1865 " 1870. 
 
 " 1865 " 1870. 
 
 " 1865 " 1870. 
 
 " 1866. 
 
 " 1870. 
 
 " 1870. 
 
 " 1870. 
 
 " 1870. 
 
 " 1871. 
 
 " 1871. 
 
 " 1871. 
 
 " 1871. 
 
 " 1871. 
 
 " 1872. 
 
 PRESIDENTS. 
 
 JOSEPH STORY . 
 JACOB BIGELOW 
 JOHN T. BRADLEE 
 
 from 1835 to 1845; d. Sept. 10, 1845. 
 " 1845 " 1871. 
 " 1871. 
 
LAWS OF THE COMMONWEALTH. 
 
 1831, CHAPTER 69. 
 
 AN ACT 
 
 IN ADDITION TO AN ACT ENTITLED " AN ACT TO INCORPORATE 
 THE MASSACHUSETTS HORTICULTURAL SOCIETY." 
 
 Approved June 23, 1831. 
 
 Section 1. — Be it enacted by the Senate and House of Rep- 
 resentatives, in General Court assembled, and by the authority 
 of the same, That the Massachusetts Horticultural Society be, 
 and hereby are, authorized, in addition to the powers already 
 conferred on them, to dedicate and appropriate any part of 
 the real estate now owned, or hereafter to be purchased, by 
 them, as and for a rural cemetery or burying-ground, and 
 for the erection of tombs, cenotaphs, or other monuments 
 for or in memory of the dead ; and for this purpose to lay out 
 the same in suitable lots or other subdivisions for family and 
 other burying-places, and to plant and embellish the same 
 with shrubbery, flowers, trees, walks, and other rural orna- 
 ments, and to enclose and divide the same with proper walls 
 and enclosures, and to make and annex thereto other suitable 
 appendages and conveniences as the Society shall from time 
 to time deem expedient. And whenever the said Society 
 shall so lay out and appropriate any of their real estate for a 
 cemetery or burying-ground, as aforesaid, the same shall be 
 deemed a perpetual dedication thereof for the purposes afore- 
 said ; and the real estate so dedicated shall be forever held by 
 the said Society, in trust, for such purposes, and for none other. 
 And the said Society shall have authority to grant and con- 
 vey to any person or persons the sole and exclusive right of 
 burial, and of erecting tombs, cenotaphs, and other monu- 
 ments, in any such designated lots and subdivisions, upon such 
 
 2 
 
10 MOUNT AUBURN CEMETERY. 
 
 terms and conditions, and subject to such regulations, as the 
 said Society shall by their By-Laws and Regulations prescribe. 
 And every right so granted and conveyed shall be held for 
 the purposes aforesaid, and for none other, as real estate, by 
 the proprietor or proprietors thereof, and shall not be subject 
 to attachment or execution. 
 
 Sect. 2. — Be it further enacted, That, for the purposes of 
 this Act, the said Society shall be, and hereby are, authorized 
 to purchase and hold any real estate, not exceeding ten thou- 
 sand dollars in value, in addition to the real estate which they 
 are now by law authorized to purchase and hold. And to 
 enable the said Society more effectually to carry the plan 
 aforesaid into effect, and to provide funds for the same, the 
 said Society shall be, and hereby are, authorized to open sub- 
 scription-books, upon such terms, conditions, and regulations 
 as the said Society shall prescribe, which shall be deemed fun- 
 damental and perpetual articles between the said Society and 
 the subscribers. And every person who shall become a sub- 
 scriber in conformity thereto shall be deemed a member for 
 life of the said Society without the payment of any other 
 assessment whatsoever ; and shall, moreover, be entitled, in fee 
 simple, to the sole and exclusive right of using as a place 
 of burial, and of erecting tombs, cenotaphs, and other monu- 
 ments, in such lot or subdivision of such cemetery or burying- 
 ground as shall, in conformity to such fundamental articles, be 
 assigned to him. 
 
 Sect. 3. — Be it further enacted, That the President of the 
 said Society shall have authority to call any special meeting 
 or meetings of the said Society, at such time and place as he 
 shall direct, for the purpose of carrying into effect any or all 
 the purposes of this Act, or any other purposes within the pur- 
 view of the original Act to which this Act is in addition. 
 
 ANOTHER ACT IN ADDITION TO AN " ACT TO INCORPORATE 
 THE MASSACHUSETTS HORTICULTURAL SOCIETY." 
 
 Chap. 98 of Private and Special Statutes of the Year 1834 
 contains some provisions which need not be recited here, as 
 they are substantially the same that are found in the " Act to 
 incorporate the Proprietors of the Cemetery of Mount Au- 
 burn ; " Sects. 1, 2, and 3 of the former corresponding re- 
 spectively with Sects. 7, 3, and 8 and 9 of the latter. 
 
LAWS OF THE COMMONWEALTH. 11 
 
 |Caw£ ot the (Eflmutomwaltto of %}Xix$$Mh\x$ttt$. 
 
 1835, CHAPTER 96. 
 
 AN ACT 
 
 TO INCORPORATE THE PROPRIETORS OF THE CEMETERY OF 
 
 MOUNT AUBURN. 
 
 Approved March 31, 1835. 
 
 Section 1. — Be it enacted by the Senate and House of 
 Representatives, in General Court assembled, and by the au- 
 thority of the same, That Joseph Story, John Davis, Jacob 
 Bigelow, Isaac Parker, George Bond, and Charles P. Curtis, 
 together with such other persons as are proprietors of lots in 
 the cemetery at Mount Auburn, in the towns of Cambridge 
 and Watertown, in the county of Middlesex, and who shall 
 in writing signify their assent to this Act, their successors, 
 and assigns, be, and they hereby are, created a corporation, 
 by the name of the Proprietors of the Cemetery of Mount 
 Auburn ; and they shall have all the powers and privileges 
 contained in the statute of the year one thousand eight hun- 
 dred and thirty-three, chapter eighty-three. 
 
 Sect. 2. — Be it further enacted, That the said Corporation 
 may take and hold in fee simple the garden and cemetery at 
 Mount Auburn, now held by the Massachusetts Horticultural 
 Society, and any other lands adjacent thereto, not exceeding 
 fifty acres in addition to said garden and cemetery, upon the 
 same trusts and for the same purposes, and with the same 
 powers and privileges, as the said Massachusetts Horticultural 
 Society now hold the same by virtue of the statute of the 
 year one thousand eight hundred and thirty-one, chapter sixty- 
 nine ; and may also take and hold any personal estate, not 
 exceeding in value fifty thousand dollars, to be applied to pur- 
 poses connected with and appropriate to the objects of said 
 establishment. 
 
 Sect. 3. — Be it further enacted, That all persons who shall 
 hereafter become proprietors of lots in said cemetery, of a size 
 not less, each, than three hundred square feet, shall thereby 
 become members of the said Corporation. 
 
12 MOUNT AUBURN CEMETERY. 
 
 Sect. 4. — Be it further enacted, That the officers of the 
 said Corporation shall consist of not less than seven, nor more 
 than twelve Trustees, a Treasurer, Secretary, and such other 
 officers as they may direct. The Trustees shall be elected 
 annually, at the Annual Meeting, and shall hold their offices 
 until others are chosen ; and they shall choose one of their 
 number to be President, who shall be also President of the 
 Corporation ; and they shall also choose the Secretary and 
 Treasurer, either from their own body, or at large. And the 
 said Trustees shall have the general management, superin- 
 tendence, and care of the property, expenditures, business, 
 and prudential concerns of the Corporation, and of the sales 
 of lots in the said Cemetery ; and they shall make a report of 
 their doings to the Corporation at their Annual Meeting. The 
 Treasurer shall give bonds for the faithful discharge of the 
 duties of his office, and shall have the superintendence and 
 management of the fiscal concerns of the Corporation, subject 
 to the revision and control of the Trustees, to whom he shall 
 make an annual report, which shall be laid before the Corpo- 
 ration at their Annual Meeting. And the Secretary shall be 
 under oath for the faithful performance of the duties of his 
 office, and shall record the doings at all meetings of the Cor- 
 poration and of the Trustees. 
 
 Sect. 5. — Be it further enacted, That the Annual Meetings 
 of said Corporation shall be holden at such time and place as 
 the By-Laws shall direct ; and the Secretary shall give notice 
 thereof in one or more newspapers, printed in Boston, seven 
 days at least before the time of meeting. And special meet- 
 ings may be called by the Trustees in the same manner, unless 
 otherwise directed by the By-Laws ; or by the Secretary, in 
 the same manner, upon the written request of twenty mem- 
 bers of the Corporation. At all meetings, a quorum for busi- 
 ness shall consist of not less than seven members ; and any 
 business may be transacted, of which notice shall be given in 
 the advertisements for the meeting, and all questions shall be 
 decided by a majority of the members present, and voting 
 either in person or by proxy. 
 
 Sect. 6. — Beit further enacted, That, as soon as the said 
 Corporation shall have received from the Massachusetts Horti- 
 cultural Society a legal conveyance of the said garden and 
 cemetery at Mount Auburn, the Massachusetts Horticultural 
 Society shall cease to have any rights, powers, and authorities 
 over the same ; and all the rights, powers, and authorities, 
 trusts, immunities, and privileges conferred upon the said So- 
 ciety, and upon the proprietors of lots in the said cemetery, in 
 
LAWS OP THE COMMONWEALTH. 13 
 
 and by virtue of the first section of the statute of the year 
 one thousand eight hundred and thirty-one, chapter sixty- 
 nine, shall be transferred to and exercised by the Corporation 
 created by this Act ; and the same shall, to all intents and 
 purposes, apply to the said Corporation, and all proprietors of 
 lots in the said cemetery, with the same force and effect as if 
 the same were herein specially enacted, and the said Corpora- 
 tion substituted for the Massachusetts Horticultural Society 
 hereby. 
 
 Sect. 7. — Be it further enacted, That any person who 
 shall wilfully destroy, mutilate, deface, injure, or remove any 
 tomb, monument, gravestone, or other structure placed in the 
 cemetery aforesaid, or any fence, railing, or other work for 
 the protection or ornament of any tomb, monument, grave- 
 stone, or other structure aforesaid, or of any cemetery-lot, 
 within the limits of the garden and cemetery aforesaid, or 
 shall wilfully destroy, remove, cut, break, or injure any 
 tree, shrub, or plant within the limits of the said garden and 
 cemetery, or shall shoot or discharge any gun or other fire- 
 arm within the said limits, shall be deemed guilty of a misde- 
 meanor, and shall, upon conviction thereof before any justice 
 of the peace, or other court of competent jurisdiction within 
 the county of Middlesex, be punished by a fine not less than 
 Five Dollars nor more than Fifty Dollars, according to the 
 nature and aggravation of the offence ; and such offender 
 shall also be liable in an action of trespass, to be brought 
 against him in any court of competent jurisdiction, in the 
 name of the Proprietors of the Cemetery of Mount Auburn, 
 to pay all such damages as shall have been occasioned by his 
 unlawful act or acts ; which money, when recovered, shall be 
 applied by the said Corporation, under the direction of the 
 Board of Trustees, to the reparation and restoration of the 
 property destroyed or injured as above ; and members of 
 the said Corporation shall be competent witnesses in such suits. 
 
 Sect. 8. — Be it further enacted, That lots in the said ceme- 
 tery shall be indivisible, and, upon the death of any proprietor of 
 any lot in the said cemetery containing not less than three hun- 
 dred square feet, the devisee of such lot, or the heir-at-law, as 
 the case may be, shall be entitled to all the privileges of mem- 
 bership as aforesaid ; and, if there be more than one devisee or 
 heir-at-law of such lot, the Board of Trustees for the time 
 being shall designate which of the said devisees or heirs-at-law 
 shall represent the said lot, and vote in the meetings of the 
 Corporation ; which designation shall continue in force until 
 by death, removal, or other sufficient cause, another designa- 
 
14 MOUNT AUBURN CEMETERY. 
 
 tion shall become necessary ; and, in making such designation, 
 the Trustees shall, as far as they conveniently may, give the 
 preference to males over females, and to proximity of blood 
 and priority of age, having due regard, however, to proximity 
 of residence. 
 
 Sect. 9. — Be it further enacted, That it shall be lawful for 
 the said Corporation to take and hold any grant, donation, or 
 bequest of property, upon trust, to apply the income thereof, 
 under the direction of the Board of Trustees, for the im- 
 provement or embellishment of the said cemetery, or of the 
 garden adjacent thereto, or of any buildings, structures, or 
 fences erected, or to be erected, upon the lands of the said Cor- 
 poration, or of any individual proprietor of a lot in the ceme- 
 tery, or for the repair, preservation, or renewal of any tomb, 
 monument, gravestone, fence, or railing, or other erection in 
 or around any cemetery-lot, or for the planting and cultivation 
 of trees, shrubs, flowers, or plants in or around any cemetery- 
 lot, according to the terms of such grant, donation, or bequest ; 
 and the Supreme Judicial Court in this Commonwealth, or 
 any other court therein having equity jurisdiction, shall have 
 full power and jurisdiction to compel the due performance of 
 the said trusts, or any of them, upon a bill filed by a proprietor 
 of any lot in the said cemetery for that purpose. 
 
 Sect. 10. — Be it further enacted as follows: First, That 
 the present proprietors of lots in the said cemetery, who shall 
 become members of the Corporation created by this Act, shall 
 thenceforth cease to be members of the said Horticultural 
 Society, so far as their membership therein depends on their 
 being proprietors of lots in the said cemetery. Secondly, That 
 the sales of the cemetery-lots shall continue to be made as fast 
 as it is practicable by the Corporation created by this Act, at 
 a price not less than the sum of sixty dollars for every lot 
 containing three hundred square feet, and so, in proportion, for 
 any greater or less quantity, unless the said Horticultural 
 Society and the Corporation created by this Act shall mutual- 
 ly agree to sell the same at a less price. Thirdly, That the- 
 proceeds of the first sales of such lots, after deducting the 
 annual expenses of the cemetery establishment, shall be applied 
 to the extinguishment of the present debts due by the said 
 Horticultural Society on account of the said garden and ceme- 
 tery ; and, after the extinguishment of the said debts, the 
 balance of the said proceeds, and proceeds of all future sales, 
 shall annually, on the first Monday in every year, be divided 
 between the said Horticultural Society and the Corporation 
 created by this Act, in manner following, namely: — fourteen 
 
LAWS OP THE COMMONWEALTH. 15 
 
 hundred dollars shall be first deducted from the gross proceeds 
 of the sales of lots during the preceding year, for the purpose 
 of defraying the Superintendent's salary and other incidental 
 expenses of the cemetery establishment ; and the residue of 
 the said gross proceeds shall be divided between the said Hor- 
 ticultural Society and the Corporation created by this Act, as 
 follows, namely : one-fourth part thereof shall be received by 
 and paid over to the said Horticultural Society on the first 
 Monday of January of every year, and the remaining three- 
 fourth parts shall be retained and held by the Corporation 
 created by this Act, to their own use forever. And, if the 
 sales of any year shall be less than fourteen hundred dollars, 
 then the deficiency shall be a charge on the sales of the sue- 
 ceeding year or years. Fourthly, The money so received by 
 the said Horticultural Society shall be forever devoted and 
 applied by the said Society to the purposes of an experimental 
 garden, and to promote the art and science of horticulture, 
 and for no other purpose ; and the money so retained by the 
 Corporation created by this Act shall be forever devoted and 
 applied to the preservation, improvement, embellishment, and 
 enlargement of the said cemetery and garden, and the inci- 
 dental expenses thereof, and for no other purpose whatsoever. 
 Fifthly, a committee of the said Horticultural. Society, duly 
 appointed for this purpose, shall, on the first Monday of Janu- 
 ary of every year, have a right to inspect and examine the 
 books and accounts of the Treasurer, or other officer acting as 
 Treasurer, of the Corporation created by this Act, as far as may 
 be necessary to ascertain the sales of lots of the preceding year. 
 Sect. 11. — Be it further enacted, That any three or more 
 of the persons named in this Act shall have authority to call 
 the first meeting of the said Corporation, by an advertisement 
 in one or more newspapers, printed in the city of Boston, 
 seven days, at least, before the time of holding such meeting, 
 and specifying the time and place thereof. And all proprie- 
 tors of lots, who shall before, at, or during the time of holding 
 such meeting, by writing, assent to this Act, shall be entitled 
 to vote in person or by proxy at the said first meeting. And 
 at such meeting, or any adjournment thereof, any elections 
 may be had, and any business done, which are herein author- 
 ized to be had and done at an Annual Meeting, although the 
 same may not be specified in the notice for the said meeting. 
 And the first Board of Trustees, chosen at the said meeting, 
 shall continue in office until the Annual Meeting of the said 
 Corporation next ensuing their choice, and until another Board 
 are chosen in their stead, in pursuance of this Act. 
 
16 MOUNT AUBURN CEMETERY. 
 
 Sect. 12. — Be it further enacted, That the said cemetery 
 shall be, and hereby is, declared exempted from all public 
 taxes, so long as the same shall remain dedicated to the pur- 
 poses of a cemetery. 
 
 §M0 and Itolw of tUt (&omm<mM%Wx of %$%$mlm$ttt$. 
 
 1850, CHAPTER 271. 
 
 AN ACT 
 
 IN ADDITION TO AN " ACT TO INCORPORATE THE PROPRIE- 
 TORS OF THE CEMETERY OF MOUNT AUBURN." 
 
 Approved May 3, 1850. 
 
 Be it enacted by the Senate and House of Representa- 
 tives, in General Court assembled, and by the authority of the 
 same, as follows : — 
 
 The Corporation known as the Proprietors of the Cemetery 
 of Mount Auburn may purchase and hold in fee simple, or 
 otherwise, any real estate, or any interest in any real estate, 
 situate and lying in the towns of Cambridge and Watertown, 
 in the county of Middlesex, — any thing in the Act of this 
 legislature passed March thirty-first, A.D. eighteen hundred 
 and thirty-five, entitled " An Act to incorporate the Proprie- 
 tors of the Cemetery of Mount Auburn," to the contrary 
 notwithstanding. Provided always, that such real estate by 
 the said Corporation so purchased, holden, and possessed as 
 aforesaid, under the provisions of this Act, shall not at any 
 one time exceed one hundred acres in extent, in addition to 
 whatever real estate the said Corporation now holds, or is 
 entitled to hold, by virtue of the Act to which this Act is in 
 addition as aforesaid. 
 
LAWS OP THE COMMONWEALTH. 17 
 
 1859, CHAPTER 197. 
 
 AN ACT 
 
 IN ADDITION TO " AN ACT TO INCORPORATE THE PROPRIE- 
 TORS OF THE CEMETERY OF MOUNT AUBURN." 
 
 Approved April 6, 1859. 
 
 Be it enacted by the Senate and House of Representatives, 
 in General Court assembled, and by the authority of the same, 
 as follows : — 
 
 Section 1. — The Corporation known as the Proprietors of 
 the Cemetery of Mount Auburn may grant and convey to 
 the heirs-at-law, devisees, or trustees of any deceased person, 
 any lot or lots, and additions to the same, in said cemetery, 
 for the purpose of burial, or of erecting tombs, cenotaphs, and 
 other monuments, in and upon the same, to be held by the 
 grantees in accordance with the provisions of Section Eight 
 of the Act creating said Corporation. 
 
 Sect. 2. — Said Corporation may grant and convey to any 
 other corporate body, its successors and assigns, any lot or lots, 
 and additions thereto, for the purposes aforesaid ; which lot or 
 lots, if containing more than three hundred square feet, may 
 be represented by the President, Treasurer, or such other 
 officer as may be designated by such corporate body. 
 
18 MOUNT AUBURN CEMETERY. 
 
 1865, CHAPTER 252. 
 
 AN ACT 
 
 RELATING TO THE RECORDS OF DEEDS AND OTHER INSTRU- 
 MENTS BY CEMETERY CORPORATIONS. 
 
 Approved May 16, 1865. 
 
 Be it enacted by the Senate and House of Representatives, 
 in General Court assembled, and by the authority of the same, 
 as follows : — 
 
 Section 1. — Whenever any cemetery corporation, created 
 by special charter, or organized under the general laws of this 
 Commonwealth, regularly keeps books in which are entered 
 the records of all conveyances of burial lots within said ceme- 
 tery made by the Corporation to its individual members or 
 other persons, and all instruments of contract between such 
 Corporation and its individual members or other persons relat- 
 ing to such lots, such records shall have and be of the same 
 force and effect as if made in the registry of deeds for the 
 county where such cemetery is situated ; and no other record 
 shall be deemed necessary. 
 
 Sect. 2. — The records of deeds and other instruments 
 named in the first section, heretofore made by any such Cor- 
 poration, are hereby made valid and sufficient. 
 
 Sect. 3. — The Secretary or Clerk of such Corporation is 
 authorized to give certified copies of all deeds and instruments 
 recorded as aforesaid ; and the same may be used in evidence 
 in the same manner as copies certified by the register of deeds. 
 
 Sect. 4. — This Act shall take effect upon its passage. 
 
LAWS OF THE COMMONWEALTH. 19 
 
 g^cte Mb l&wlMt mi the tSflmmoweattft of %$u$m\M$ttt$< 
 
 1866, CHAPTER 104. 
 
 AN ACT 
 
 IN RELATION TO VOTING BY PROXY IN CEMETERY 
 CORPORATIONS. 
 
 Approved March 26, 1866. 
 
 Be it enacted, &c, as follows : — 
 
 Section 1. — The provisions relating to voting by proxy, 
 contained in section seven of chapter sixty of the General 
 Statutes, shall apply to Cemetery Corporations. 
 
 Sect. 2. — This Act shall take effect upon its passage. 
 
 The provisions referred to in the forecjoin<j Act are as 
 follows : — 
 
 General Statutes, Chap. 60, § 7. " At all meetings of the 
 Company, absent stockholders may vote by proxy authorized 
 in writing ; but no proxy shall be valid unless executed and 
 dated within six months previous to the meeting at which it is 
 used, if the maker thereof resides in the United States ; and 
 no person shall, as proxy or attorney, cast more than fifty 
 votes, unless all the shares so represented by him are owned 
 by one person ; and no officer of the Corporation, as proxy or 
 attorney, shall cast more than twenty votes. Every Company 
 may determine by its By-Laws what number of stockholders 
 shall attend, either in person or by proxy, or what number 
 of shares, or amount of interest, shall be represented at any 
 meeting to constitute a quorum. If the quorum is not so 
 determined, a majority in interest of the stockholders shall 
 constitute a quorum." 
 
20 MOUNT AUBUEN CEMETERY. 
 
 §Mtf and T&,t$iftw at t\\t (ttfimmfmrntiltU of Pwartm^ti^ 
 
 1869, CHAPTER 179. 
 
 AN ACT 
 
 IN ADDITION TO AN ACT TO INCORPORATE THE PROPRIETORS 
 OF THE CEMETERY OP MOUNT AUBURN. 
 
 Approved April 17, 1869. 
 
 Be it enacted by the Senate and House of Representa- 
 tives, in General Court assembled, and by the authority of 
 the same, as follows: — 
 
 Section 1. — The authority conferred upon any ceme- 
 tery corporation organized under the provisions of section 
 two of chapter twenty-eight of the General Statutes, to 
 take and hold so much real and personal estate as may be 
 necessary for the objects of its organization, is hereby 
 vested in the Proprietors of the Cemetery of Mount Au- 
 burn. 
 
 Sect. 2. — No member of the said Corporation shall, in 
 his individual right, be entitled to more than one vote at 
 the meetings of said Corporation. 
 
 Sect. 3. — The officers of the said Corporation shall con- 
 sist of twelve Trustees, a Treasurer, Secretary, and such 
 other officers as the Trustees may direct. The twelve 
 persons who now constitute the Board of Trustees shall be 
 divided by lot, or otherwise, as they themselves may deter- 
 mine, into six classes of two each ; and the persons of the 
 first class shall go out of office on the day of the next An- 
 nual Meeting; and the persons of the second, third, fourth, 
 fifth, and sixth classes, shall go out of office, respectively, 
 on the day of each succeeding annual election in the years 
 eighteen hundred sevent} T -one, eighteen hundred seventy- 
 two, eighteen hundred seventy-three, eighteen hundred sev- 
 enty-four, and eighteen hundred seventy-five ; and the two 
 Trustees who shall be chosen at the Annual Meeting in the 
 year eighteen hundred and seventy, and in each succeeding 
 year, shall continue in office, respectively, for the term, of 
 
LAWS OF THE COMMONWEALTH. 21 
 
 six years. In case of the death or resignation of any 
 Trustee, the vacancy shall be filled by the proprietors at 
 the next Annual Meeting succeeding such death or resigna- 
 tion. Nothing herein contained shall prevent any person 
 whose term of office shall have expired from being re-eligi- 
 ble. 
 
 Sect. 4. — The Secretary shall give notice of annual 
 and special meetings of said Corporation by sending by 
 mail, or otherwise, to each member of the Corporation 
 whose place of residence or business shall be known to 
 him, a printed notice thereof, seven days before the time 
 of such meeting, and by publication of such notice in one 
 or more newspapers printed in Boston, seven days before 
 the time of such meeting. At all meetings, a quorum for 
 business shall consist of not less than twenty-five members. 
 
 Sect. 5. — Such parts of sections two, three, four, and 
 five of chapter ninety-six of the Acts of the year eighteen 
 hundred and thirty-five, or of any Act in addition thereto, 
 which may be inconsistent with the provisions of this Act, 
 are hereby repealed. 
 
BY-LAWS 
 
 OF THE 
 
 PROPRIETORS OF THE CEMETERY OP 
 MOUNT AUBURN, 
 
 ADOPTED JA.^TXJA.RY 29, 1972. 
 
 ARTICLE I. 
 MEMBERS OF THE CORPORATION. 
 
 Proprietors of lots containing not less than three hundred 
 square feet of ground are members of the Corporation ; and 
 only they, or representatives of such lots designated as herein- 
 after provided, are entitled to vote at its meetings.* No per- 
 son, not a member of the Corporation, shall be eligible to the 
 
 office of Trustee. 
 
 ARTICLE II. 
 
 ANNUAL MEETING. 
 
 The Annual Meeting of the Corporation shall be held in 
 Boston, on the first Monday in February, at such place and 
 hour as the Trustees may from time to time determine. In 
 case of any irregularity in calling or holding the meeting on 
 that day, a special meeting shall be called, which special meet- 
 ing shall be the Annual Meeting for that year. 
 
 A report of the Trustees, embracing also reports of the 
 Treasurer and Superintendent, for the preceding year, shall be 
 presented ; vacancies in the Board of Trustees, from whatever 
 cause, shall be filled, by ballot ; and such other business trans- 
 acted as may have been specified in the notice therefor. 
 
 ARTICLE III. 
 TRUSTEES AND OFFICERS. 
 
 A meeting of the Trustees, for organization, shall be called 
 
 * The conditions of membership, and the right to vote, are fixed by the Act of 
 March 31, 1S35* 
 
BY-LAWS. 23 
 
 by the Secretary, and shall be held within two weeks after the 
 Annual Meeting of the Corporation. 
 
 A President shall first be elected ; after which, either at 
 the same meeting or at an adjournment thereof, there shall be 
 chosen a Secretary, Treasurer, and Superintendent, all by bal- 
 lot ; and all salaries for the ensuing year shall then be fixed. 
 
 Stated meetings of the Trustees shall be held as often as 
 once a month. Special meetings shall be called by the Presi- 
 dent upon the written request of five Trustees. Seven Trus- 
 tees shall constitute a quorum for the transaction of business. 
 
 No Trustee shall receive any salary or other emolument 
 for services while in office ; neither shall a salaried officer 
 receive any other payment or fee than that fixed upon by the 
 Trustees before such service has been performed ; nor shall 
 an officer or a paid servant of the Corporation have any 
 additional pecuniary interest, direct or indirect, in work or 
 material designed r done in or for the cemetery, whether for 
 the Corporation or others. 
 
 The Trustees may at their discretion establish other minor 
 rules and regulations than are contained in these By-Laws. 
 
 ARTICLE IV. 
 PRESIDENT. 
 
 The President shall preside at all meetings of the Corpora- 
 tion and of the Trustees ; and in his absence a temporary 
 chairman shall be chosen. 
 
 ARTICLE V. 
 
 SECRETARY. 
 
 The Secretary shall notify and attend all meetings of the 
 Corporation and of the Trustees, and shall keep a faithful rec- 
 ord of their doings. He shall prepare, have the custody, and 
 attend to the proper disposition of all papers, of whatever na- 
 ture, made necessary by any rules or directions of the Trus- 
 tees, or any committee thereof; and perform any other duties 
 required by them appropriate to his office. He shall pay all 
 fees received by him to the Treasurer. 
 
24 MOUNT AUBURN CEMETERY. 
 
 ARTICLE VI. 
 TREASURER. 
 
 The Treasurer shall give bonds, to the amount of ten thou- 
 sand dollars, for the faithful discharge of the duties of his 
 office. He shall collect all moneys due to the Corporation, 
 hold, invest, or pay them, under direction of the Trustees, or 
 the Committee on Finance. He shall keep such books of ac- 
 count, and make such other reports as are not already pro- 
 vided for, as they may direct. 
 
 ARTICLE VII. 
 SUPERINTENDENT. 
 
 The Superintendent shall, at all times and in all respects, 
 be subject to the directions of the Board of Trustees, either di- 
 rectly or by any of its committees. He shall have the general 
 care and custody of the cemetery, the control and direction of 
 all subordinate officers and workmen employed therein, and 
 the enforcement of all laws, rules, or regulations affecting the 
 rights of proprietors or the conduct of visitors. He shall ne- 
 gotiate the sale of lots. He shall pay all fees received at the 
 cemetery to the Treasurer. He shall keep such books of rec- 
 ord, make such reports, and perforin such other duties appro- 
 priate to his office, as the Trustees may from time to time 
 
 require. 
 
 ARTICLE VIII. 
 
 COMMITTEES. 
 
 All committees shall be appointed by the President. 
 
 The following standing committees shall be appointed annu- 
 ally, immediately after the organization of the Board of Trus- 
 tees : - — 
 
 A Committee on Grounds, to consist of the President 
 and four other Trustees, who shall have general charge of the 
 grounds, trees, avenues, and paths in the cemetery. No 
 avenues or paths shall be laid out, or changed in location or 
 name, without having been reported to the Board of Trus- 
 tees, and confirmed by them. 
 
 A Committee on Lots, to consist of three Trustees, 
 who shall have supervision of all sales, locations, or enlarge- 
 
BY-LAWS. 25 
 
 merit of lots or spaces ; of questions of rights between indi- 
 vidual proprietors, or between proprietors and the Corpora- 
 tion ; and of contracts with proprietors for the partial or 
 perpetual care of lots. They shall, at least once in each year, 
 personally examine all lots for the care of which contracts 
 have been made, and see that the terms of such contracts are 
 complied with. 
 
 A Committee on Interments, to consist of two Trus- 
 tees, who shall superintend the general subject of interments, 
 and see that the laws of the Commonwealth in relation thereto 
 are complied with. 
 
 A Committee on Finance, to consist of two Trustees, 
 who shall direct the Treasurer in the custody, payment, or in- 
 vestment of the funds of the Corporation. They shall also 
 act as Auditors ; shall examine the Treasurer's account, 
 vouchers, certificates of stock, and other evidences of property 
 belonging to the Corporation, quarterly, and append the re- 
 sult thereof to his Annual Report. 
 
 ARTICLE IX. 
 APPROPRIATIONS AND PAYMENTS. 
 
 No appropriations exceeding the sum of one thousand dol- 
 lars for a single purpose shall be made, unless notice thereof 
 shall have been given at a meetino; held not less than seven 
 days before final action is taken. 
 
 No expenditures shall be incurred, except in pursuance of 
 orders by the Board of Trustees, or unless an appropriation 
 shall have been made to meet them. 
 
 No payment shall be made until the bills, or pay-rolls, as 
 the case may be, have been examined by the appropriate 
 committee, and approved by the Board of Trustees, unless 
 upon contract made by authority of, and approved by, the 
 Board, or in pursuance of a vote of the Trustees. 
 
 ARTICLE X. 
 
 SALES AND CONVEYANCES. 
 
 Upon the selection of a lot, or parcel of ground, the Super- 
 intendent shall issue, to the person proposing to purchase, a 
 certificate in the form provided therefor. 
 
26 MOUNT AUBURN CEMETERY. 
 
 When the terms and conditions of the sale shall have been 
 approved, in writing, by a majority of the Committee on Lots, 
 the purchaser shall pay to the Treasurer the stipulated price ; 
 whereupon the Secretary shall make, record * and deliver a 
 deed signed by the Treasurer, countersigned by the Secretary, 
 and sealed with the common seal of the Corporation, which 
 shall be receipted for in a book provided for that purpose. 
 
 Lots for tombs may be sold, under direction of the Com- 
 mittee on Lots, in places approved by the Board of Trustees. 
 The construction and position of tombs built therein must 
 also be approved by the Committee on Lots. 
 
 A space of not less than three feet shall be reserved between 
 the fence-limits of different lots, unless otherwise ordered by 
 special vote of the Trustees. The land so reserved, when it 
 exceeds three feet, and does not exceed ten feet, in width, be- 
 tween any two lots, may be sold to the nearest lot holder or 
 holders, upon the condition that said land shall forever be kept 
 open and without interments. Or if such space shall, in the 
 opinion of the Committee on Lots, be greater than is needful 
 for passage-ways, the land maybe sold for burial-purposes; 
 written notice having first been given to the abutters, who 
 shall be entitled to a preference. 
 
 The same fees shall be paid to the Secretary for the record 
 of transfers and other instruments for proprietors as for mak- 
 ing and recording original deeds. 
 
 The Secretary shall make monthly reports to the Board of 
 Trustees, of sales which have been approved by the Com- 
 mittee on Lots. 
 
 ARTICLE XL 
 INTERMENTS. 
 
 No interment shall be made until the superintendent shall 
 have been furnished with such permits as may be required 
 by the laws of the Commonwealth, or of the city or town 
 from which the deceased may be brought, together with an 
 order from the proprietor of the lot in which such interment 
 is to be made, or from his legal representative; nor until the 
 fees hereinafter provided shall have been paid. 
 
 * No other record elsewhere is necessary. See Mass. Statutes 1865, chap. 252. 
 
BY-LAWS. 27 
 
 The charge for opening an adult grave and making an 
 interment, shall be five dollars ; for the same service in the 
 case of a child under ten years of age, three dollars. The 
 same fees shall be paid for opening a tomb as for preparing a 
 grave. 
 
 Interments may be made in the public lots belonging to 
 the Corporation, and the graves numbered on stone, upon the 
 payment of twenty-five dollars each in addition to the fees 
 hereinbefore provided ; but no slab, monument, or fence 
 shall be erected upon or around . such graves without the 
 approval of the Committee on Lots. The Treasurer shall 
 give the purchaser of a grave a certificate therefor in the 
 form provided for that purpose. Whenever any such grave 
 shall become vacant by removal of the body interred there- 
 in, the land shall revert to the Corporation ; but in case the 
 owner thereof, or his representative, becomes the purchaser 
 of a lot in the cemetery, the original price for the grave shall 
 be allowed in part payment for the lot. 
 
 Not more than two interments shall be made in the same 
 grave, whether in a private or a public lot, and the later inter- 
 ment shall be at least three feet below the surface of the ground. 
 
 Bodies may be deposited in a receiving-tomb upon the 
 payment of twenty-five dollars. If, within four months after 
 the interment, such body shall be removed to any other part 
 of the cemetery, seventeen dollars of the above sum shall be 
 refunded ; otherwise the whole amount shall be retained by 
 the Corporation, and the Superintendent may at any time there- 
 after remove the body to such place within the cemetery as 
 the Committee on Interments may direct. The Superintend- 
 ent shall deliver any such body to the friends or relatives 
 applying for it in a legal manner, for removal, at their own 
 expense, from the cemetery. 
 
 At military funerals no firing of volleys shall be allowed 
 within the cemetery, except by special permission of the Pres- 
 ident. 
 
 No grave nor tomb shall be opened for interment or removal 
 by any person not in the employ of the Corporation. 
 
28 MOUNT AUBURN CEMETERY. 
 
 ARTICLE XII. 
 CARE AND CONDITION OF LOTS. 
 
 When a burial-lot, or other parcel of ground, shall have 
 been sold, it shall be graded, suitable boundary-stones erected, 
 and its designation, by number or otherwise, legibly displayed, 
 by the proprietor, within sixty days from the date of the 
 deed ; or the Committee on Lots may, at any time thereafter, 
 cause such work to be done at the expense of said proprietor. 
 
 Ho other person than the proprietor himself, or the proper 
 officers and servants of the Corporation, shall be allowed to 
 perform any work on a lot, or parcel of ground, without a per- 
 mit from the Secretary. Proprietors may obtain such per- 
 mits upon a written application, to be renewed annually. All 
 such employees shall be under the supervision and control of 
 the Superintendent. 
 
 Proprietors may erect on their lots fences, live-hedges, 
 monuments, and stones, subject in all respects to the approval 
 of the Committee on Lots. The use of wood or slate for any 
 such purposes shall not be allowed. Trees shall only be 
 removed therefrom by direction or consent of the Committee 
 on Grounds. 
 
 Catacomb tombs with entrance-doors above ground may 
 be constructed in such places and manner as shall be approved 
 by the Committee on Lots. No bodies shall be placed there- 
 in except in single compartments, to be hermetically closed 
 with brick or stone and cement. 
 
 Proprietors of neglected lots shall be notified of their con- 
 dition by the Secretary, under direction of the Committee 
 on Lots ; and in case of continued neglect so as, in the opinion 
 of the Committee on Grounds, to impair the general appear- 
 ance of the cemetery, any such lot may be put in order by the 
 said Committee on Lots, at the expense of the proprietor 
 thereof. 
 
 The devisee of a deceased proprietor shall furnish, the Sec- 
 retary with the evidence of his title, which shall be recorded 
 in a book kept for that purpose ; and a person claiming to be 
 the sole heir-at-law of a deceased proprietor shall furnish an 
 affidavit setting forth the facts necessary to establish such 
 
BY-LAWS. 29 
 
 claim, which shall be filed with the papers of the Corporation ; 
 and in either case proper reference thereto shall be made upon 
 the margin of the record of the original deed. 
 
 The devisees, or heirs-at-law, of a deceased proprietor, or the 
 guardian of such persons, desiring the appointment of a per- 
 son to represent the lot owned in common by them, shall make 
 written application to the Trustees for that purpose. 
 
 Any person designated by a company, society, or associa- 
 tion, whether corporate or not, which may own a lot of not 
 less than three hundred square feet, shall represent such lot, 
 and may vote at all meetings of the Corporation. 
 
 ARTICLE XIII. 
 PERMANENT FUND. 
 
 The following orders, adopted by the Board of Trustees on 
 the sixth day of April, 1857, constitute an irrevocable By- 
 Law under the above-named title. 
 
 It is ordered, by the Trustees of the Cemetery of Mount 
 Auburn, that, in the month of December of each year, the 
 Treasurer of the proprietors of the Cemetery of Mount Au- 
 burn shall deposit with the Massachusetts Hospital Life Insur- 
 ance Company, if they will receive it on as favorable condi- 
 tions as other deposits, in trust for the said proprietors, a sum 
 equal to one-fifth part of the gross proceeds of the lots and 
 parts of lots, and intermediate spaces between lots, which shali 
 have been sold subsequently to the first day of December in 
 the year preceding ; the interest of which sums shall annu- 
 ally, or often er, be added to the capital, for the purpose and 
 upon the principle of accumulation, until the whole of said 
 deposits, with the accumulated interest, shall amount to one 
 hundred and fifty thousand dollars.* 
 
 And, when the said fund shall have amounted to the sum of 
 one hundred and fifty thousand dollars, it shall be lawful for 
 the Trustees, if they see fit, to withdraw the income thereof, 
 and appropriate the same to the care, preservation, and keep- 
 ing in order of the cemetery and its appurtenances, to the 
 
 * Under date of Nov. 8, 1871, the Trustees voted to increase the Permanent Fund 
 to $200,000 before withdrawing any of the income from it. 
 
30 MOUNT AUBURN CEMETERY. 
 
 payment of the salaries, and to the other necessary expenses of 
 the institution ; and, by vote of four-fifths of the Trustees for 
 the time being, they may withdraw, from time to time, the 
 principal of the said fund, and invest the same as hereinafter 
 is prescribed. 
 
 If at any time the Trustees shall deem the Massachusetts 
 Hospital Life Insurance Company to be an unsafe place of de- 
 posit of the said fund, and shall, by a vote of a majority of 
 all the members of the Board, so declare of record, the said 
 fund may be withdrawn from the custody of the said insur- 
 ance company, as soon as, by the conditions of the deposit, it 
 may be, and shall then be invested, in the name of the pro- 
 prietors of the Cemetery of Mount Auburn, upon the same 
 trusts, in the public debt of the United States, or in that of 
 the State of Massachusetts, or in the debt of the City of Bos- 
 ton, or the City of Charlestown, or the City of Roxbury, or 
 the City of Cambridge, or in mortgages of real estate in Bos- 
 ton : provided that no mortgage shall be taken for a sum ex- 
 ceeding two-thirds of the value of the estate as it stands, when 
 taken, on the valuation-books of the assessors of the city taxes ; 
 nor for a period exceeding five years ; nor in which the in- 
 terest shall not be payable as often as annually, to which 
 shall be added insurance against fire by some competent insur- 
 ance company in Boston, for the amount of the loan, or such 
 proportion thereof as the value of the buildings on the land 
 shall enable the owner to obtain, which insurance shall be 
 renewed from time to time at the expense of the mortgagor 
 and his assigns, and shall be payable, in case of loss, to the 
 Trustees of the Qemetery of Mount Auburn. 
 
 It is ordered, that in all the deeds which shall hereafter be 
 issued to the purchasers of lots, parts of lots, or other parcels 
 of land, in the cemetery, the following covenant shall be in- 
 serted : — 
 
 " And the said proprietors of the Cemetery of Mount Au- 
 burn further covenant to and with the said heirs and 
 assigns, that the provisions of an order passed by the Trustees 
 of this Corporation, on the sixth day of April, in the year 
 eighteen hundred and fifty-seven (which is made part of this 
 
BY-LAWS. 31 
 
 covenant, as if herein repeated), for the establishment and 
 security of a fund for the preservation of the cemetery and 
 its appurtenances, shall be forever kept, observed, and per- 
 formed by the said Corporation." 
 
 ARTICLE XIV. 
 REPAIR FUND. 
 
 The Trustees may receive in trust from a proprietor any 
 sum of money the income of which shall be appropriated to 
 the repair of his lot, according to the terms of trust expressed 
 in the form provided. 
 
 The Trustees may also guarantee the peiyetual repair of 
 lots, upon the payment of such a sum as the Committee on 
 Lots shall deem sufficient for that purpose, a form for which 
 is also provided. 
 
 All such sums shall collectively constitute a separate fund, 
 called the u Repair Fund," and shall be invested in some pub- 
 lic stock of this State or of the national government, or in 
 the stock of some bank or banks of this State, or in notes 
 secured by a sufficient collateral pledge of stocks in this State, 
 or morto-ao-e on real estate in Boston. 
 
 Each lot in relation to which such a contract shall have 
 been made shall be credited in a book kept for the purpose, 
 with the principal sum paid on account of said lot ; and at the 
 close of each year a ratable proportion of the net income of 
 the whole repair fund, shall be carried to its credit in confor- 
 mity with the terms of said contracts. 
 
 A proprietor who shall have contracted with the Corpora- 
 tion for the care and preservation of his lot forever, desiring 
 to place the same in perpetual trust, for the purpose of re- 
 stricting the right of burial, or for any other legitimate object, 
 may, with the consent of the Committee on Lots, reconvey such 
 lot to the Corporation, to hold the same forever for the uses 
 and trusts expressed in his deed of reconveyance ; reserving 
 to himself, and to such as may be beneficiaries thereunder, 
 the right of admission, and such supervision as may not be in- 
 consistent with the rights which have vested in the Corpora- 
 tion. 
 
32 MOUNT AUBURN CEMETERY. 
 
 ARTICLE XV. 
 RECORDS AND PLANS. 
 
 There shall be kept at the office of the Secretary all the 
 books necessary for recording the original deeds of lots, of 
 ornamental grounds, and of spaces between lots ; of transfers 
 from proprietor to proprietor or to the Corporation, and trans- 
 fers by will or by operation of law ; also, instruments of dona- 
 tion in trust for the repair of lots, or for any purpose consistent 
 with the objects of the cemetery ; also, a register of inter- 
 ments ; and such other records as may from time to time be 
 found necessary or convenient by the Board of Trustees or 
 any committee thereof. 
 
 No record of any person's interest in a lot, less than the en- 
 tire ownership, shall be made on the books of the Corpora- 
 tion. 
 
 A sectional plan of the cemetery shall be kept at the office 
 of the Secretary, on which shall be entered, under direction 
 of the Committee on Grounds, by a surveyor designated by 
 them, all avenues and paths duly named, and all lots, sold or 
 laid out by the Corporation, duly numbered. All changes shall 
 be noted thereon, so that, at all times, it shall represent the 
 condition of the cemetery in the particulars named. The 
 original lines shall be in black, and shall not be erased. The 
 changed lines shall be in red. Both the interior and exterior 
 lines of lots shall be given ; and the interior distances of the 
 side lines and diagonals shall be expressed in figures. 
 
 Portfolios shall be kept at the office of the Secretary, in 
 which he shall insert plans of lots procured by the proprietors 
 thereof. Such plans shall be drawn upon paper of a uniform 
 size, furnished by the Secretary, by a surveyor approved by 
 the Committee on Lots. The plans, too, must be approved 
 by the said committee, and certified as correct by the Superin- 
 tendent. The fee for placing the plan in the portfolio, and the 
 proprietor's name in the index, shall be one dollar. 
 
 AETICLE XVI. 
 ADMITTANCE. 
 
 The Secretary shall furnish, upon application, to each pro- 
 prietor, or to the properly designated representative, of a lot, 
 
BY-LAWS. 33 
 
 a ticket, not transferable, entitling him and his household to 
 drive with a carriage into the cemetery. He may give like 
 permits, not exceeding three for any one lot, to others, owners 
 with the person holding the title. 
 
 He may also furnish to a proprietor making special applica- 
 tion therefor, for stated periods, a ticket to ride into the ceme- 
 tery on horseback. 
 
 The public shall be admitted, to walk, on any day excepting 
 Sundays or holidays. 
 
 Strangers, or other persons, may be admitted with carriages 
 by written permission of any Trustee, of the Secretary, Treas- 
 urer, or Superintendent. 
 
 The tickets or permits herein provided for shall be sub- 
 ject in all respects to the further regulations of the Trus- 
 tees. 
 
 The Trustees may at any time restrict the admission of 
 non-proprietors. 
 
 ARTICLE XVII. 
 FORMS. 
 
 The following forms, made necessary by the provisions of 
 these By-Laws, shall be used for the purposes and in the man- 
 ner indicated : — 
 
 SUPERINTENDENT'S CERTIFICATE OF SELECTION. 
 
 MOUNT AUBURN CEMETERY. 
 
 Certificate No. 18 
 
 Mr. of has this day selected lot 
 
 No. in the Cemetery of Mount Auburn, situated on the 
 way called containing square feet, at cents 
 
 per foot, of which he may be the proprietor by the payment 
 of dollars to the Treasurer of said Corporation 
 
 within thirty days from this date, together with two dollars for 
 making and recording the deed of the same ; and provided, 
 also, that this certificate shall be presented and surrendered 
 to the Treasurer within thirty days from this date. If not pre- 
 sented within the time aforesaid, all right to the selected lot 
 herein referred to shall cease, The laying-out and sale of 
 
34 MOUNT AUBURN CEMETERY. 
 
 this lot are to be subjected to the approval of the Committee 
 on Lots. 
 
 Payable to Treasurer, No. Street, Boston. 
 
 Land, $ 
 
 Deed, 2.00 
 
 Superintendent. 
 
 FORM FOR CONVEYANCE OF LOTS. 
 
 Know all Men by these Presents, That the proprietors 
 
 of the Cemetery of Mount Auburn, in consideration of 
 
 dollars paid to them by of 
 
 the receipt of which is hereby acknowledged, do 
 
 hereby grant, bargain, sell, and convey to the said 
 
 and heirs and assigns, a lot of land in the 
 
 Cemetery of Mount Auburn, in the County of Middlesex, 
 numbered on the plan which 
 
 is in the possession of the said Corporation for inspection by 
 the said grantee heirs and assigns, at all seasona- 
 
 ble times, and situated on or near the side of the 
 
 way called , at a dis- 
 
 tance of about feet therefrom, with a right 
 
 of way from said to said lot. 
 
 Said lot is of form 
 and contains square feet. 
 
 To have and to hold the aforegranted premises unto the said 
 
 heirs and assigns, forever ; 
 subject, however, to the conditions and limitations, and with 
 the privileges following ; to wit : — 
 
 First, That the proprietor of the said lot shall have the 
 right to enclose the same with a wall or fence (of other mate- 
 rial than wood), not exceeding one foot in thickness, which 
 may be placed on the adjoining land of the Corporation, exte- 
 rior to the said lot, subject to all the conditions of the By- 
 Laws of the Corporation. 
 
 Second^ That the said lot of land shall not be used for 
 
BY-LAWS. 35 
 
 any other purpose than as a place of burial for the dead ; and 
 no trees within the lot or border shall be cut down or 
 destroyed without the consent of the Trustees of the said Cor- 
 poration. 
 
 Third, That the proprietor of the said lot shall have the 
 right to erect stones, monuments, or sepulchral structures, and 
 to cultivate trees, shrubs, and plants in the same. 
 
 Fourth, The proprietor of the said lot of land shall, under the 
 direction of the Trustees, grade the same, and erect at his 
 or her own expense suitable landmarks of stone or iron at 
 the corners thereof ; and shall also cause the number thereof 
 to be legibly and permanently marked on the premises. And 
 if the said proprietor shall omit, for sixty days after notice, so 
 to grade the lot, to erect the landmarks, and mark the num- 
 ber, the Trustees shall have authority to cause the same to be 
 done at the expense of the said proprietor. 
 
 Fifth, That if the landmarks and boundaries of the said 
 lot shall be effaced, so that the said lot cannot, with reasona- 
 ble diligence, be found and identified, the said Trustees shall 
 set off to the said grantee, heirs or assigns, a lot 
 
 in lieu thereof, in such part of the cemetery as they see fit ; 
 and the lot hereby granted shall, in such case, revert to the 
 Corporation. 
 
 Sixth, That if any trees or shrubs situated in said lot of 
 land shall, by means of their roots, branches, or otherwise, 
 become detrimental to the adjacent lots or avenues, or dan- 
 gerous or inconvenient, it shall be the duty of the said Trus- 
 tees, for the time being, and they shall have the right, to enter 
 into the said lot, and remove the said trees and shrubs, or such 
 parts thereof as are thus detrimental, dangerous, or inconven- 
 ient. 
 
 Seventh, That if any monument or effigy, or any structure 
 whatever, or any inscription, be placed in or upon the said 
 land, which shall be determined by the major part of the said 
 Trustees, for the time being, to be offensive or improper, the 
 said Trustees, or the major part of them, shall have the right, 
 and it shall be their duty, to enter upon said land, and remove 
 the said offensive or improper object or objects. 
 
 Eighth, No fence shall from time to time, or at any time, be 
 
36 MOUNT AUBURN CEMETERY. 
 
 placed or erected in or around the said lot, the materials and 
 design of which shall not first have been approved by the 
 Trustees. 
 
 Ninth, No tomb shall be constructed within the bounds of 
 the cemetery, except in or upon the lots situated in such parts 
 of the grounds as shall be designated by the Trustees for that 
 purpose; and no proprietor shall suffer the remains of any 
 person to be deposited in a tomb so authorized for hire. 
 
 Tenth, The said lot of land shall be holden subject to the 
 provisions contained in an Act of the General Court, dated 
 March 31, 1835, and entitled " An Act to incorporate the 
 Proprietors of the Cemetery of Mount Auburn, '' and the 
 several Acts in addition thereto. 
 
 And the said proprietors of the Cemetery of Mount Au- 
 burn do hereby covenant to and with the said 
 
 heirs and assigns, that they are 
 lawfully seized of the aforegranted premises, and of the ways 
 leading to the same from the highway, in fee simple ; that 
 they are free from all incumbrances ; that the Corporation 
 have a right to sell and convey the said premises to the said 
 
 for the purposes 
 above expressed ; and that they will warrant and defend the 
 same unto the said heirs and 
 
 assigns forever. 
 
 And the said proprietors of the Cemetery of Mount Au- 
 burn further covenant to and with the said 
 
 heirs and assigns, that the provisions of an 
 order passed by the Trustees of this Corporation on the sixth 
 day of April, 1857,* for the establishment and security of a 
 fund for the preservation of the cemetery and its appurte- 
 nances, and the further provisions of an order adopted by said 
 Trustees on the fourth day of November, 1861,-f* requiring that 
 certain spaces within the cemetery be forever kept open, and 
 that no interments be ever made, nor buildings nor monu- 
 ments of any description be erected thereon (both which are 
 made parts of this covenant, as if herein repeated), shall be 
 forever kept, observed, and performed by said Corporation. 
 
 * See Article XIII. of these By-Laws. 
 t See Reservation of Spaces, page 51. 
 
 
BY-LAWS. 37 
 
 In testimony whereof, the said proprietors of the Cemetery 
 of Mount Auburn have caused this instrument to be signed 
 by their Treasurer, and countersigned by their Secretary, and 
 their Common Seal to be hereto affixed, the day 
 
 of in the year of our Lord eighteen hun- 
 
 dred and 
 
 Countersigned. 
 
 Secretary. 
 
 Treasurer. 
 [Seal.] 
 
 Recorded with the Deeds of Lots in said Cemetery in the 
 books of the Corporation, on the date above written. 
 
 Attest, 
 
 Secretary. 
 
 FORM FOR CONVEYANCE OF SPACES BETWEEN LOTS. 
 
 Know all Men by these Presents, That the proprietors 
 of the Cemetery of Mount Auburn, in consideration of 
 
 dollars, paid to them by 
 .of , the receipt of 
 
 which is hereby acknowledged, do hereby grant, bargain, sell, 
 and convey to the said and heirs 
 
 and assigns, a certain piece of land in the Cemetery of Mount 
 Auburn, adjoining the side of 
 
 lot, which is situated on the way called 
 
 and numbered on the plan of said cemetery ; the said 
 
 piece of land being feet wide, and feet in 
 
 length, containing square feet. 
 
 To have and to hold the aforegranted premises unto the 
 said heirs and assigns, 
 
 forever; subject, however, to the conditions and limitations 
 following ; to wit : — 
 
 First, That no part of said premises shall ever be used as 
 a place of burial for the dead, unless the owner of said lot 
 shall purchase the same for the purpose of enlarging his burial 
 lot. 
 
 Second, That the whole of said premises shall forever re- 
 
38 MOUNT AUBURN CEMETERY. 
 
 main as a part of the open grounds of said cemetery, except 
 in the event of being purchased by the owner of the said lot 
 as aforesaid. 
 
 Third, That no tree, shrub, or plant, and no inscription, 
 landmark, monument, fence, or structure whatever, shall be 
 placed in or upon the premises, or be removed therefrom, 
 without the consent of the Board of Trustees, for the time 
 being, of said Corporation, 
 
 [The covenants and conclusion are the same as in the form 
 for conveyance of Lots.] 
 
 FORM FOR CONVEYANCE OF LAND FOR ORNAMENTAL 
 
 PURPOSES. 
 
 Know all Men by these Presents, That the proprietors 
 of the Cemetery of Mount Auburn, in consideration of 
 dollars, paid to them by of 
 
 , the receipt of which is hereby acknowledged, do 
 hereby grant, bargain, sell, and convey to the said 
 
 and heirs and assigns, a certain piece 
 
 of land adjacent to lot, in the Cemetery of Mount 
 
 Auburn, in the County of Middlesex, situated on the way 
 called > , and numbered on 
 
 the plan of said Cemetery , which 
 
 plan is in the possession of the said Corporation for inspec- 
 tion by the said grantee, heirs and assigns, at all 
 seasonable times ; the said piece of land being 
 feet and inches long, and feet and 
 inches wide, and containing super- 
 ficial square feet. 
 
 To have and to hold the aforegranted premises unto the 
 said heirs and assigns, forever, for 
 
 ornamental purposes ; subject, however, to the conditions and 
 limitations, and with the privileges following ; viz. : — 
 
 First, That the proprietor of the said lot shall have the 
 right to enclose the same with such wall or fence (of other 
 material than wood), not exceeding one foot in thickness, and 
 
BY-LAWS. 39 
 
 which may be placed on the adjoining land of the Corporation, 
 exterior to the said lot, as shall be approved by the Trustees. 
 
 Second, That the said lot of land shall never be used as a 
 place of burial for the dead ; and no trees within the lot or 
 border shall be cut down or destroyed without the consent of 
 the Trustees of the said Corporation. 
 
 Third, That the proprietor of the said lot shall have the 
 right to erect stones, monuments, or ornamental structures, 
 and to cultivate trees, shrubs, and plants in the same ; the ap- 
 proval of the Trustees being first obtained. 
 
 Fourth, The proprietor of the said lot of land shall, under 
 the direction of the Trustees, grade the same, and erect, at 
 his or her own expense, suitable landmarks of stone or iron 
 at the corners thereof; and shall also cause the number there- 
 of to be legibly and permanently marked on the premises. 
 And if the said proprietor shall omit, for sixty days after no- 
 tice, so to grade the lot, to erect the landmarks, and mark the 
 number, the Trustees shall have authority to cause the same 
 to be done at the expense of the said proprietor. 
 
 Fifth, That if the landmarks and boundaries of the said lot 
 shall be effaced, so that the said lot cannot, with reasonable 
 diligence, be found and identified, the said Trustees shall set 
 off to the said grantee, heirs or assigns, a lot in lieu there- 
 of, in such part of the cemetery as they see fit ; and the lot 
 hereby granted shall, in such case, revert to the Corporation. 
 
 Sixth, That if any trees or shrubs situated in said lot of 
 land shall, by means of their roots, branches, or otherwise, be- 
 come detrimental to the adjacent lots or avenues, or danger- 
 ous or inconvenient, it shall be the duty of the said Trustees, 
 for the time being, and they shall have the right, to enter into 
 the said lot, and remove the said trees and shrubs, or such 
 parts thereof as are thus detrimental, dangerous, or inconven- 
 ient. 
 
 Seventh, That if any monument or effigy, or any structure 
 whatever, or any inscription, be placed in or upon the said 
 land, which shall be determined by the major part of the said 
 Trustees, for the time being, to be offensive or improper, the 
 
40 MOUNT AUBURN CEMETERY. 
 
 said Trustees, or the major part of them, shall have the right, 
 and it shall be their duty, to enter upon said land, and remove 
 the said offensive or improper object or objects. 
 
 Eighth, No fence shall from time to time, or at any time, 
 be placed or erected in or around the said lot, the materials 
 and design of which shall not first have been approved by the 
 Trustees. 
 
 Ninth, The said lot of land shall be holden subject to the 
 provisions contained in an act of the General Court, dated 
 March 31, 1835, and entitled " An Act to incorporate the 
 Proprietors of the Cemetery of Mount Auburn," and the 
 several Acts in addition thereto. 
 
 [The covenants and conclusion are the same as in the form 
 for conveyance of Lots.] 
 
 ORDER FOR INTERMENT AND CITY OR TOWN PERMIT; 
 
 ALSO FEES. 
 To the Superintendent. 
 
 The undersigned wishes, on the day of 18 , 
 
 to deposit in Lot No. owned by the remains 
 
 of late of , who died 
 
 at on the day of 18 , 
 aged years months davs. 
 
 Dated at this day of 18 . 
 
 Proprietor of Lot No. 
 
 Funeral procession expected to arrive at Mount Auburn at 
 o'clock. 
 Countersigned. Undertaker. 
 
 N.B. — Every order for interment must be signed by the pro- 
 prietor, or his or her legal attorney, and, after the decease of 
 the proprietor, by the legal representative. 
 
 Permission is given to remove the body of within 
 
 described from to Mount Auburn, the facts 
 
 required by law having been returned to this office. 
 
BY-LAWS. 41 
 
 Fees of Interment. 
 
 For opening a grave or tomb, making and re- 
 cording interment ..... $5.00 
 
 For opening a grave or tomb, making and re- 
 cording interment for child under 10 years 3.00 
 
 For grave in public lots, interment, record, and 
 
 stone No 30.00 
 
 For deposit in receiving tomb, of which $18.00 
 will be refunded, in case of removal with- 
 in four months to any part of the cemetery, 25.00 
 
 For making a brick grave, interment, and record, 25.00 
 
 All fees payable at the time of interment. 
 
 CERTIFICATE OF RIGHT OF INTERMENT IN PUBLIC 
 
 LOT. 
 
 PROPRIETORS OF THE CEMETERY OF MOUNT AUBURN. 
 
 Boston, 18 
 
 Lot Grave No. 
 
 This certifies that of by the pay- 
 
 ment of dollars, the receipt whereof is hereby acknowl- 
 
 edged, has purchased the right of interment in grave No. , 
 in the Lot, which is owned by this Corporation. 
 
 " Whenever any such grave shall become vacant by re- 
 moval of the body interred therein, the land shall revert to 
 the Corporation ; but in case the owner thereof, or his repre- 
 sentative, becomes the purchaser of a lot in the cemetery, the 
 original price for the grave shall be allowed in part payment 
 for the lot." (Fxtraet from By-Laws of the Corporation, 
 
 Art. XL) 
 
 Treasurer. 
 
 FORM OF APPLICATION AND PERMIT FOR WORK 
 
 ON LOT. 
 
 MOUNT AUBURN CEMETERY. 
 
 Lot No. 
 
 The undersigned, a resident of proprietor 
 
 of Lot No. in the Cemetery of Mount Auburn, requests 
 
 6 
 
42 MOUNT AUBURN CEMETERY. 
 
 permission to employ of 
 
 to cut grass, clean the borders, and set 
 plants upon said lot ; also to 
 
 , and he hereby agrees to be respon- 
 sible for all injury and damage which may be done by said 
 
 , or those employed by him, either to the 
 grounds or property of the Corporation, or of any proprietor, 
 and for the removal of any rubbish that may be made in the 
 doing of the work. 
 
 Proprietor. 
 Boston, 18 . 
 
 N.B. — This application must be filed with the Secretary. 
 The party signing it should be careful to see that the blanks 
 are properly filled, and to erase any words that do not express 
 what is wanted. 
 
 MOUNT AUBURN CEMETERY. 
 
 Lot No. 
 Proprietor, 
 
 Upon the application of of 
 
 of Lot No. , in said cemetery, and upon his agree- 
 
 ment to be responsible for all injury and damage that may be 
 done, and for the removal of any rubbish that may be made, 
 by of , whom 
 
 he proposes to employ, or by his workmen, the proprietors of 
 the Cemetery of Mount Auburn permit the said 
 
 to employ the said to do 
 
 the following work upon said lot, in compliance with the regu- 
 lations of the cemetery, and under the supervision and con- 
 trol of the Superintendent. 
 
 Secretary. 
 
 Boston, 18 
 
 FORM FOR DONATION IN TRUST FOR THE REPAIR OF 
 
 LOTS. 
 
 Know all Men by these Presents, That 
 hereby give unto the proprietors of the Ceme- 
 
BY-LAWS. 43 
 
 tery of Mount Auburn the sum of , 
 
 for their 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 their discretion, in some public stock of this 
 State or of the national government, or in the stock of some 
 bank or banks of this State, or in notes secured by a satisfac- 
 tory collateral pledge of stock in Massachusetts or mortgage 
 in Boston, on interest ; and to apply 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 preserva- 
 tion lot No. in the said cemetery, and the monument, 
 fences, trees, shrubbery, and 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 ornament- 
 ing and preserving the grounds of the said cemetery, or to 
 any other or all the purposes to which, by the Act of Incor- 
 poration, the funds of the said Corporation may be lawfully 
 applied, and which are appropriate to the objects of the estab- 
 lishment of the said cemetery : 
 
 Provided, however, That the said Trustees shall never be 
 responsible for their conduct in the premises, except for good 
 faith, and such reasonable diligence as may be required of 
 mere gratuitous agents; and provided, further, that the said 
 Trustees shall in no case be obliged to make any separate in- 
 vestment 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 propor- 
 tionally to the credit of each lot entitled thereto. 
 
 In witness whereof have hereunto set hand and 
 
 seal on this day of A.D. 18 
 
 Executed in presence of 
 
 [stamp.] 
 
44 MOUNT AUBURN CEMETERY. 
 
 FORM FOR DONATION IN TRUST FOR THE PERPETUAL 
 REPAIR OF LOTS, WITH GUARANTY. 
 
 Know all Men by these Presents, That 
 hereby give unto the proprietors of the Cemetery of Mount 
 Auburn the sum of dollars, for their sole use for- 
 
 ever ; in trust, nevertheless, that the Trustees of the said Cor- 
 poration, for the time being, shall, in order to obtain an income 
 therefrom, invest the same from time to time, in their discre- 
 tion, in some public stock of this State or of the national 
 government, or in the stock of some, bank or banks of this 
 State, or in notes secured by a satisfactory collateral pledge 
 of stock in Massachusetts or mortgage in Boston, on interest, 
 and to apply the income or interest thereof, from time to time : 
 
 First, To keep forever in suitable and good repair and 
 preservation lot numbered in the said cemetery, situ- 
 
 ated upon , and the monument , fence , trees, shrub- 
 
 bery, and soil thereon; this contract being intended to attacl) 
 to said lot and its appurtenances in the condition in which the 
 same are described in a report thereon made by the Superin- 
 tendent of the cemetery, dated , and which report is 
 entered upon the records of this Corporation. 
 
 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 sur- 
 plus, 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 Act of Incorpora- 
 tion, the funds of the said Corporation may be lawfully ap- 
 plied, and which are appropriate to the objects of the establish- 
 ment of the said cemetery : 
 
 Provided, however, That the said Trustees shall never be 
 responsible for their conduct in the premises, except for good 
 faith, and such reasonable diligence as may be required of 
 mere gratuitous agents; and provided, further, that the said 
 Trustees shall in no case be obliged to make any separate, in- 
 vestment of the sum so given, and that the average income or 
 interest derived from all funds of the like nature belonging to 
 
BY-LAWS. 45 
 
 the Corporation shall be divided annually, and carried propor- 
 tionally to the credit of each lot entitled thereto. 
 
 The consideration for this donation is the undertaking; as- 
 sumed by said Corporation, by virtue of the certificate of the 
 Committee on Lots, hereto annexed, acting under powers con- 
 ferred on them by the By-Laws of the said Corporation. 
 
 Witness hand and seal on this day of 
 
 A.D. eighteen hundred and 
 
 Executed in presence of 
 [stamp.] 
 
 PROPRIETORS OF THE CEMETERY OF MOUNT AUBURN. 
 
 The Committee on Lots hereby certify that they approve 
 of the sum of dollars as sufficient to warrant the 
 
 guaranty, on the part of the proprietors of the Cemetery of 
 Mount Auburn, that the within-named lot, numbered , 
 
 shall be forever kept in good order and repair. 
 
 [stamp.] Committee on Lots. 18 
 
 The Treasurer of the proprietors of the Cemetery of Mount 
 Auburn hereby acknowledges the receipt of dollars 
 
 from on the trusts within mentioned. 
 
 Treasurer. 
 
 Boston, 18 . 
 
 In Board of Trustees, 18 . Concurred in. 
 
 Attest, Secretary. 
 
 Received and entered with Mount Auburn records of 
 grants and donations on this dav of A.D. 18 . 
 
 Attest, Secretary. 
 
 ARTICLE XVIII. 
 AMENDMENTS. 
 
 Any alteration or amendment of these By-Laws, excepting 
 only that entitled " Permanent Fund," which is irrevocable, 
 may be made by a majority of the whole Board of Trustees ; 
 notice of the proposed change having been given at a previ- 
 ous meeting at least seven days before action is taken upon it. 
 
RULES AND REGULATIONS. 
 
 The Secretary, Treasurer, and Superintendent shall each 
 communicate to the others promptly and fully upon all such 
 matters necessary to the most complete and efficient discharge 
 of the duties of their respective positions. They shall keep 
 the Trustees and the various committees thereof constantly 
 advised of the transactions in their several departments, to 
 the end that nothing is omitted likely to aid the Board in 
 the administration of their trust. They shall render to propri- 
 etors and others havino; business at the office in Boston, or at 
 the cemetery, every facility and assistance consistent with the 
 character and purposes of the Corporation. They shall neither 
 of them receive any other pay or fee than has been provided 
 by the By-Laws of the Corporation. If a proprietor, or any 
 other person, tenders to either of them a payment, gift, or ser- 
 vice, intended as a reward, or calculated to influence or em- 
 barrass their official action, or to disturb confidence in them, 
 the circumstances shall be immediately reported to the Trus- 
 tees for their consideration. Neither shall they, nor any other 
 person in the employ of the Corporation, engage in buying and 
 selling lots or parcels of ground in the cemetery, excepting un- 
 der direction of the Committee on Lots, and in the manner 
 provided by the By-Laws. 
 
 The Secretary and Treasurer shall occupy the same office 
 rooms in Boston. Their office hours shall be from nine 
 o'clock, a.m., to three o'clock, p.m. daily, excepting Sundays 
 and holidays, unless by written direction or consent of the 
 President. 
 
 The Secretary shall keep a register of all interments, in- 
 cluding the names and ages of persons interred, and the place 
 and date of interment ; also the vouchers and orders for inter- 
 ment, and disinterment or removal, properly filed. He shall 
 keep a duplicate of said register for use at the cemetery. 
 He shall issue all notices made necessary in preparing for 
 
RULES AND REGULATIONS. 47 
 
 the care of lots, and in calling the attention of proprietors to 
 neglected lots. He shall notify all meetings of committees ; 
 shall arrange their business for them, and attend the meet- 
 ings, unless excused ; making such records, and performing 
 such other work, as may be required of him. 
 
 The Treasurer shall deposit, to the credit of the Corpora- 
 tion, all moneys received by him, in such bank in Boston as 
 the Committee on Finance may direct ; and all checks drawn 
 against such deposits shall be signed by him, and made paya- 
 ble to a member of that committee, the President, or to a 
 person whose bill shall have been approved by the Board of 
 Trustees. He shall prepare, monthly, a schedule of bills 
 contracted, including a pay-roll of laborers employed at the 
 cemetery, to be examined, with the original bills therefor, by 
 the appropriate committees, and presented for approval, or 
 otherwise, at the next meeting of the Trustees thereafter. 
 He shall prepare quarterly accounts to be presented at the 
 first meeting of the Trustees in the months of January, 
 April, July, and October, exhibiting all the transactions for 
 the quarter prior thereto, together with a detailed statement 
 of balances held for the repair of lots, and of all amounts due 
 to the Corporation for materials or labor furnished at the 
 cemetery. He shall prepare, render, and attend to the collec- 
 tion of all bills for materials or labor furnished at the ceme- 
 tery. 
 
 The Superintendent shall reside near the cemetery. He 
 shall engage, employ, and discharge subordinate officers at 
 the cemetery under direction of the Committee on Grounds, 
 but may engage and discharge laborers at his discretion, unless 
 otherwise instructed. He shall see that all such persons per- 
 form faithfully the services due by them to the Corporation; 
 that the contracts and orders of the Trustees, or committees 
 thereof, are strictly complied with. He shall also see that all 
 persons, whether employed in the cemetery, or visiting it, vio- 
 lating the laws of the Commonwealth, the By-Laws or Regu- 
 lations of the Corporation, or the proprieties of the place, are 
 promptly dealt with by removal from the cemetery, and by 
 prosecution if so directed or authorized by the Committee on 
 
48 MOUNT AUBURN CEMETERY. 
 
 Grounds. He shall keep in suitable books, provided for the pur- 
 pose, all orders for work to be done or materials furnished for 
 proprietors ; which orders shall be explicit in their terms, and 
 signed by the persons giving them. The particulars of what- 
 ever is afterwards done or furnished in pursuance thereof 
 shall be fully stated, and made a part of the entry, together 
 with the prices agreed upon or to be charged : so that the 
 Treasurer can make bills therefrom. He shall make imme- 
 diate reports of all interments, with full particulars thereof, 
 and return all orders and papers, of whatever nature, con- 
 nected therewith, or with disinterments or removals, to the 
 Secretary, for permanent disposition in his office. He shall 
 make ample provision for prompt and sufficient attendance 
 upon funeral processions arriving at the cemetery. 
 
 REGULATIONS CONCERNING VISITORS TO THE CEME- 
 TERY. 
 
 The gates of the cemetery shall be open, for visitors enti- 
 tled to admission, daily, from sunrise until sunset. 
 
 Only proprietors, members of their households, or persons 
 accompanying them, or others having written permits, shall 
 be admitted on Sundays or holidays, unless for special reasons 
 satisfactory at the time to the Superintendent. 
 
 No person shall be admitted at any time with refreshments ; 
 neither with flowers, unless for use as decorations or memo- 
 rials, notice thereof having been given before passing the 
 gate-keeper. 
 
 No horse shall be driven in the cemetery faster than a walk ; 
 nor left unfastened without a keeper ; nor fastened, except at 
 posts provided for the purpose. 
 
 No person on horseback shall cross any lot, or drive upon a 
 path. * 
 
 The Superintendent shall see that the following provisions 
 of law are strictly observed : — 
 
 " Be it further enacted, That any person who shall wil- 
 fully destroy, mutilate, deface, injure, or remove any tomb, 
 monument, gravestone, or other structure placed in the ceme- 
 
RULES AND REGULATIONS. 49 
 
 tery aforesaid, or any fence, railing, or other work for the pro- 
 tection or ornament of any tomb, monument, gravestone, or 
 other structure aforesaid, or of any cemetery lot, within the 
 limits of the garden and cemetery aforesaid, or shall wilfully 
 destroy, remove, cut, break, or injure any tree, shrub, or plant 
 within the limits of the said garden and cemetery, or shall 
 shoot or discharge any gun or other fire-arm within the said 
 limits, shall be deemed guilty of a misdemeanor, and shall, 
 upon conviction thereof before any justice of the peace, or 
 other court of competent jurisdiction within the county of 
 Middlesex, be punished by a fine not less than Five Dollars, 
 nor more than Fifty Dollars, according to the nature and aggra- 
 vation of the offence ; and such offender shall also be liable, 
 in an action of trespass to be brought against him in any 
 court of competent jurisdiction, in the name of the proprie- 
 tors of the Cemetery of Mount Auburn, to pay all such dam- 
 ages as shall have been occasioned by his unlawful act or acts ; 
 which money, when recovered, shall be applied by the said Cor- 
 poration, under the direction of the Board of Trustees, to the 
 reparation and restoration of the property destroyed or injured 
 as above ; and members of the said Corporation shall be compe- 
 tent witnesses in such suits." (Laws of the Commonwealth 
 of Massachusetts. 1885, chap. 96, sect. 7.) 
 
 No fees whatever, other than those provided by the By- 
 Laws of the Corporation, shall be paid at the cemetery. 
 
 RULES AND ORDERS OF THE BOARD OF TRUSTEES. 
 
 Stated meetings f the Trustees shall be held at the office 
 in Boston, on the second Wednesday of each month, at half 
 past three, o'clock, p.m., unless otherwise ordered. 
 
 Motions shall be made in writing when requested by the 
 President or a majority of those present. 
 
 Reports of committees shall be made in writing at the re- 
 quest of any member. 
 
50 MOUNT AUBURN CEMETERY. 
 
 The order of business shall be as follows : — 
 
 Reading the records. 
 
 Election of officers. 
 
 Reports of committees. 
 
 Approval of bills and accounts. 
 
 Unfinished business. 
 
 Motions, orders, and resolutions. 
 
 Petitions or other papers from the Secretary. 
 
 Alterations or amendments of these Rules and Regulations 
 may be made by a majority of those present at any meeting 
 of the Trustees. 
 
RESERVED SPACES. 
 
 At a meeting of the Board of Trustees, held Nov. 4, 1861, 
 the following votes were adopted, and are referred to in 
 the conveyance of lots, on page 34 : — 
 
 Voted, That the following-described spaces within the 
 Cemetery of Mount Auburn be forever kept open, and that 
 no interments be ever made, nor buildings nor monuments 
 of any description be erected thereon. 
 
 1st, The space near the front gate or entrance, bounded 
 as follows: — beginning at a point in the front fence thirty 
 feet west of the western stone obelisk, thence running at 
 right angles with said fence in a southerly direction to the 
 southerly side of Pine Avenue, being about fifty-five feet ; 
 thence easterly in a line parallel to said fence until it inter- 
 sects a line drawn from a point in said fence thirty feet 
 east of the eastern stone obelisk, and at right angles there- 
 with ; thence northerly by the said line so drawn at right 
 angles with said fence to the said point in said fence thirty 
 feet east of the eastern stone obelisk, and thence in a 
 straight line to the place of beginning. 
 
 2d, A space or passage-way twenty feet wide on the east, 
 north, and west sides of the chapel ; the said twenty feet 
 to be measured from the outer face of the stone buttresses. 
 
 3d, All that space in front of the chapel, bounded by 
 Chapel, Pine, and Cypress Avenues and Peony Path, as now 
 laid out. 
 
 4th, The whole space adjacent to and surrounding the 
 Tower, now enclosed by the circular or oval part of Moun- 
 tain Avenue. 
 
 5th, All the space included within the stone curb of Au- 
 burn Lake, together with the avenues or paths surrounding 
 
52 MOUNT AUBURN CEMETERY. 
 
 and next adjacent to the said curb ; also all land between 
 said avenues or paths and said curb, not exceeding thirty 
 feet in width. 
 
 6th, All the land included within the circular part of 
 Lawn Avenue, and which is not more than ninety feet from 
 the fountain now in the central part of the lawn. 
 
INDEX. 
 
 Accounts. 
 
 Of Treasurer, preparation and rendering of, 47. 
 Admission. 
 
 Reservation of right of in reconveyance to corporation on perpetual trust, 31. 
 
 To Cemetery, of proprietors and others, general provisions, 48. 
 
 On horseback, 33, 48. 
 
 Alteration or Amendment. 
 
 Of By-Laws, how made, 45. 
 
 Of Rules and Regulations of Board of Trustees, how made, 50. 
 Appropriations . 
 
 Exceeding $1000, how made, 25. 
 
 Other provisions concerning, 25. 
 Area. 
 
 Of Cemetery. [See " Real Estate.''] 
 Auditors. 
 
 Committee on Finance to act as, 25. 
 Avenues and Paths. 
 
 Entry of, on sectional plan, 32. 
 
 Commissioners on Grounds to have general charge of, 24. 
 
 Changes, &c, in, to be reported to and confirmed by Board of Trustees, 24. 
 Business, Order op. 
 
 At meetings of Trustees, 50. 
 By-Laws. 
 
 Certain rights as to tenure of lots to be prescribed by, 9, 10. 
 
 To provide concerning meetings, 12. 
 
 Number of stockholders, &c, requisite, for quorum, to be determined by, 19. 
 
 Alteration or amendment of, 45. 
 Catacomb Tombs. [See " Tombs."] 
 Cemetery op Mt. Auburn. 
 
 Proprietors of the. [See " Proprietors of the Cemetery of Mt. Auburn."] 
 
 Certain persons authorized to take and hold the, in fee simple, 11. 
 
 Proprietors of lots of 300 feet in the, to become members of the Corporation, 11, 22. 
 
 Sales of lots in the, to be under control of Trustees, 12. 
 
 Legal conveyance of the, from Mass. Hort. Soc, result of, 12, 13. 
 
 Injury to trees, plants, monuments, &c, of, and other misdemeanors in, general 
 provisions concerning, 13, 47, 48, 49. 
 
 Lots in the, to be indivisible, 13. 
 
 Trustees may receive donations for improvement or embellishment of, or of lots 
 therein, 14. 
 
 Members of Mass. Hort. Soc. who are proprietors of lots in the, to cease to be 
 members of said Society, on becoming members of the Corporation estab- 
 lished by Act of 1835, 14. 
 
 Price of lots in, fixed, and proceeds of sales of, how divided with Mass. Hort. Soc, 
 14, 15. 
 
 Exemption from public taxation while dedicated to the purposes of a cemetery, 
 16. 
 
 Increase in the territory of, authorized, 16. 
 
 Lots in, may be granted to heirs-at-law, devisees, or trustees of any deceased per- 
 son, and to bodies corporate, 17. 
 
 Lots for tombs, may be sold in, 26. 
 
 Firing of volleys in, disallowed, except, 27. 
 
 Sectional plan of lots in, to be kept at Secretary's office, 32. 
 
 Superintendent to reside near the, 47. 
 
 Admission to the, general provisions, 47, 48, 49. 
 
54 
 
 INDEX. 
 
 Certificate. 
 
 Issue of, to person selecting lot, 25. 
 
 Form of, from Superintendent on selection of lot, 33. 
 
 Of right of interment in public lot, 41. 
 Committees. 
 
 All to be appointed by President, 24. 
 
 Standing, when to be appointed, 24. 
 
 Standing, enumeration and duties of, 24, 25. 
 
 To be kept advised of certain matters by officers of the corporation, 46. 
 
 Meetings of, duties of Secretary respecting, 47. 
 
 Superintendent to see that contracts and orders of are complied with, 47. 
 
 Reports of, to be made in writing when requested by any Trustee, 49. 
 
 Common Seal. 
 Use of, 26. 
 
 Contracts. 
 
 [See '' Donations in trust."] 
 
 Concerning lots, records of in books of corporation to have same effect as if made 
 in Registry of Deeds, when, 18. 
 
 Certified copies of same, how furnished and used, 18. 
 
 Certain, to be under supervision of Committee on Lots, 25. 
 
 Of Trustees and Committees, Superintendent to see to enforcement of, 47. 
 Conveyance. 
 
 Of rights of burial, &c, in lots by Mass. Hort. Soc, 9, 10. 
 
 Legal, of garden and Cemetery at Mt. Auburn from Mass. Hort. Soc, effect of, 12, 
 13. 
 
 Of lots to heirs-at-law, devisees, or trustees of deceased person, 17. 
 
 Of lots to bodies corporate, 17. 
 
 Of lots, records of in books of corporation to have same effect as if made in Regis- 
 try of Deeds, when, 18. 
 
 Of lots, form for, 34. 
 
 Certified copies of records of, how furnished and used, 18. 
 
 Of spaces between lots, form for, 37. 
 
 Of land for ornamental purposes, form for, 38. 
 
 Corporators, Orioinal. 
 
 Joseph Story, John Davis, Jacob Bigelow, Isaac Parker, George Bond, and Charles 
 P. Curtis, 11. 
 Deceased Proprietor. 
 
 Privileges of devisee or heir-at-law of, 13. 
 
 Guardian of, application how to be made by, for appointment of a representative, 
 29. 
 
 Deceased Proprietor, Heirs-at-eaw of. 
 
 Of lot, privileges, &c, of. on death of proprietor, 13, 14. 
 
 Trustees to designate representative from among, 13, 14. 
 
 May receive conveyance of lots, 17. 
 
 To make affidivit of claim, &c, 28. 
 
 Application, how to be made by, for appointment of, a representative, 29. 
 
 Deeds. 
 
 Of lots, preparation, record, and delivery of, 26. 
 
 To be receipted for on delivery, 26. 
 
 Certain evidences of title to be noted on margin of record of, 29. 
 
 Covenant as to Permanent Fund to be inserted in all, 30. 
 
 Of reconveyance in perpetual trust, 31. 
 
 Devisees of Deceased Proprietor. 
 
 Of lots, privileges of, on death of proprietor, 13. 
 
 Trustees to designate representative from among, 13, 14. 
 
 May receive conveyance of lots. &c, 17. 
 
 To furnish evidence of title to Secretary, 28. 
 
 Application how to be made by, for appointment of a representative, 29. 
 Donations in Trust. 
 
 For improvement and embellishment of Cemetery, &c, 14. 
 
 For improvement, repair, preservation, &c, of premises of individual proprietor, 
 14. 
 
 Certain, to be under supervision of Committee on Lots, 24, 25. 
 
 General provisions concerning, as part of the Repair Fund, 31. 
 
 Forms for, 42,44. 
 
 Erections. 
 
 On private lots to be subject to approval of Committee on Lots, 28. 
 Certain, forbidden, 28. 
 
 Evidences of Title. 
 
 Certain, how furnished, filed, and recorded, 28, 29. 
 
 Expenditures. 
 
 Restrictions relative to incurring, 25. 
 
 Monthly statements of, &c, to be prepared by Treasurer, 47. 
 
INDEX. 55 
 
 Fees, &c. 
 
 Certain officers disqualified from receiving certain, 23, 46. 
 
 Received by Secretary to be paid to Treasurer, 23. 
 
 Received at Cemetery Superintendent to cause to be paid to Treasurer, 24. 
 
 For record of instruments, 26. 
 
 For interment, general provisions, 26, 27. 
 
 For deposit in Receiving Tomb, 27. 
 
 For inserting plan of lot at Secretary's office, 32. 
 
 Received by Superintendent at Cemetery to be paid to Treasurer, 24. 
 
 Other than those provided by the By-Laws not to be paid at the Cemetery, 49. 
 
 For interment, 41. 
 Fences. [See " Erections."] 
 Finance. 
 
 Committee on, composition and duties of, 25, 47. 
 Fines. [See "Misdemeanors."] 
 Forms. 
 
 Superintendent's certificate of selection of lot, 33. 
 
 Certificate of right of interment in public lot, 41. 
 
 For conveyance of lots, 34. 
 
 For conveyance of spaces between lots, 37. 
 
 For conveyance of land for ornamental purposes, 38. 
 
 Of application and permit for work on lot, 41. 
 
 Order for interment and oitv or town permit. Fees, 40. 
 
 For certificate of right of interment in public lot, 41. 
 
 For application and permit for work on lot, 41. 
 
 For donation in trust for the repair of lots, 42. 
 
 For donation in trust for the perpetual repair of lots with guaranty, 44. 
 Funerals. 
 
 Military ; firing of volleys disallowed at, except, 27. 
 
 Superintendenc to make provision for attendance upon at the Cemetery, 48. 
 Garden and Cemetery. 
 
 [See " Cemetery of Mt. Auburn."] 
 Graa^es. 
 
 In public lots ; general provisions, 27. 
 
 Becoming vacant, land to revert to corporation, 27. 
 
 Price paid for to be allowed in selection of lot, 27. 
 
 Number of interments in, restricted, 27. 
 
 Not to be opened for removal of remains, except, 27. 
 
 Grounds, Committee on. 
 
 Compositon and duties of, 24. 
 
 Trees to be removed from lots only by consent of, 28. 
 
 Duty of, in case of neglected lots, 28. 
 
 Entries on sectional plan to be under the direction of, by a surveyor designated 
 
 by, 32. 
 Employment of subordinate officers at the Cemetery to be under the direction of, 
 
 47. 
 Superintendent to prosecute certain offenders if authorized or directed by, 47, 48. 
 
 Guaranty. 
 
 Form of contract given by corporation for perpetual repair of lots with, 44. 
 
 Hedges. [See '• Erections. 1 '] 
 
 Interments. 
 
 Committee on, composition and duties of, 25. 
 
 Preliminaries necessary before making, 26. 
 
 Fees for; general provisions, 26, 27. 
 
 In public lots ; general provisions, 27. 
 
 Number of, in grave restricted, 27. 
 
 Committee on, to direct Superintendent in removing bodies from Receiving Tomb, 
 
 27. 
 Grave or tomh not to be opened for, except, 27. 
 Register of, to be kept at office of Secretary, 32. 
 
 Immediate reports of, &c. to be made by Superintendent to Secretary, 48. 
 Order for; form of, &c, 40. 
 In public lot; form for certificate of right of, 41. 
 
 Lots. 
 
 Mass. Hort. Soc. authorized to lay out, embellish, &c, 9, 10. 
 
 Assignment of, to certain subscribers, 10. 
 
 Exemption of, from attachment and execution, 10. 
 
 Proprietors of, in the Cemetery at Mount Auburn incorporated, 11. 
 
 Of not less than 300 feet, proprietors of, members of the corporation, 11. 22. 
 
 Proprietors of, how affected by conveyance of garden and Cemetery from Mass. 
 
 Hort. Soc. to the new corporation, 12, 13. 
 Injury to, or to trees, plants, structures, &c, on, punishment, &c, for, 13, 43, 
 Indivisibility of, 13. 
 
56 INDEX. 
 
 Lots. 
 
 Devise, inheritance, and representation of, provisions concerning, 13, 14, 17, 29. 
 Application of income of donations, &c, to improvement and embellishment of, 
 
 14. 
 Proprietors of, at the date of the Act of Incorporation of 1835. to cease to be mem- 
 bers of the Mass. Hort. Soc. on becoming members of the new corporation, 
 14. 
 Price of fixed, and proceeds of sales of, how divided with the Mass. Hort. Soc, 
 
 14, 15. 
 Proprietors of, assenting to above Act entitled to vote at first meeting called under 
 
 authority of same, 15. 
 May be granted to heirs-at-law, devisees, or trustees of any deceased person, and 
 
 to bodies corporate, 17. 
 Force of records of deeds of, and contracts concerning, when made in books kept 
 
 for the purpose by the corporation, 18. 
 Certified copies of such instruments authorized to be given and used, how, 18. 
 Sales of, to be negotiated by Superintendent, 24. 
 Duties of Committee on; general provisions, 24. 
 Selection of, provisions concerning, 25. 
 Payment for to Treasurer, 26. 
 For tombs, how sold, &c, 26. 
 
 Reservation of space between fence limits of, &c, 26. 
 Sales of, to be reported monthly by Secretary to Trustees, 26. 
 Interments in, how made, 26, 27. 
 
 To be graded, numbered, &c, within sixty days, &c, 28. 
 Restrictions as to performance of work upon, 28. 
 Restrictions as to erections on, 28. 
 Removal of trees from, 28. 
 Neglected; proprietors of, how notified, 28, 47. 
 
 Owned by Societies, incorporated or otherwise, how represented, &c, 29. 
 Deeds of all to contain covenant as to Permanent Fund, 30. 
 Donations in trust for repair of, 31. 
 Guaranteed, how to be credited, &c, 31. 
 May be reconveyed to corporation intrust, when, 31. 
 Records relating to, to be kept at Secretary's office, 32. 
 Record of less than entire ownership not to be made on books of the corporation 
 
 32. 
 Sectional, and proprietors' plans of, to be kept at Secretary's office, 32. 
 Proprietors of, admission to Cemetery; general provisions, 32, 48. 
 Form of certificate on selection of, 33. 
 Form for conveyance of, 34. 
 Form for conveyance of spaces between, 37. 
 Public. [See " Public Lots."] 
 Form of application and permit for work on, 41. 
 Forms for donation in trust for repair of, 42, 44. 
 Lots, Committee on. 
 
 Composition and duties of, 24, 25. 
 To approve sales, &c, 26. 
 
 Lots for tombs to be sold under direction of. &c, 26. 
 May authorize certain spaces to be sold for burial purposes, 26. 
 Sales approved by, to be reported monthly by Secretary to Trustees, 26. 
 To approve certain erections at graves in public lots, 27. 
 To approve certain erections on private lots, 28. 
 
 May cause grading, numbering &c, to be done if neglected for sixty days after pur- 
 chase, 28. 
 To approve place and manner of constructing Catacomb Tombs, 28. 
 Proprietors of neglected lots to be notified by Secretary under direction of, 28. 
 Neglected lots to be put in order by, when, 28. 
 
 Lots may be re-conveyed to corporation in perpetual trust with consent of, 31. 
 To approve surveyor, &c, 32. 
 
 Officer of corporation not to engage in buying or selling lots, &c, except under 
 direction of the, &c, 46. 
 
 Massachusetts Horticultural Society. 
 
 Authorized to dedicate certain real estate for cemetery purposes, 9. 
 
 Such dedication to be deemed perpetual, when. 9. 
 
 Authorized to purchase, hold, and grant lands for burial purposes, &c, 9, 10. 
 
 Subscribers to the said Society for above objects, rights and privileges of, 10. 
 
 General provisions relating to the above, 10. 
 
 Garden and Cemetery of, at Mt. Auburn, proprietors of the Cemetery of Mt. 
 Auburn authorized to take and hold the, 11. 
 
 Rights, &c, of, in said Garden and Cemetery, when to cease, 12. 
 
 Cessation of membership in, on becoming member of new corporation, 14. 
 
 General provisions as to sales of lands by, and division of proceeds with proprie- 
 tors of the Cemetery of Mt. Auburn, 14, 15. 
 Massachusetts Hospital Life Insurance Company. 
 
 Deposits to be made with, on account of Permanent Fund, 29, 30. 
 
 Control of Tiustees over above fund defined, 29, 30. 
 
INDEX. 57 
 
 Meetings. 
 
 Of Corporation under Act of 1831, 10. 
 
 Of Corporation under Act of 1835, 12, 15. 
 
 Of Corpoi'ation, provisions as to voting by proxy at, 19. 
 
 Of Corporation under Act of 1869, general provisions, 20, 21. 
 
 Voting at, limited to proprietors and representatives, 22. 
 
 Of Corporation, annual, general provisions concerning, 22. 
 
 Of Trustees for organization, 22, 23. 
 
 Of Trustees to be held monthly, 23. 
 
 Special, how called, 23. 
 
 Of Corporation and Trustees, Secretary to attend and make records or, 2 
 
 Of Committees, duties of Secretary respecting, 47. 
 
 Stated, of Trustees, time and place of holding, 49. 
 
 Misdemeanors. 
 
 Certain, general provisions concerning, 13, 48. 49. 
 
 Persons committing, duties of Superintendent towards, 47, 48. 
 
 Monuments. [See " Erections."] 
 
 Mount Auburn, Proprietors of the Cemetery op. 
 
 As incorporated in 1835, 11. 
 
 Authorized to take and hold Garden and Cemetery of the Mass. Hort. Soc, 11. 
 
 And personal estate not exceeding $50,000, 11. 
 
 General provisions concerning officers of the, 12, 15. 
 
 Meetings of, 10, 12, 13, 15, 19, 20, 21, 22. 23. 
 
 To succeed to the rights, privileges, &c, of the Mass. Hort. Soc, as to the garden 
 and Cemetery at Mt. Auburn, on receiving conveyance of the same, 12. 
 
 May take and hold donations for certain purposes, 14, 31. 
 
 Membership in; general provisions, 11, 13, 14. 
 
 General provisions as to sales of land and divisions of proceeds with Mass. Hort. 
 Soc, 14,15. 
 
 Authorized in 1850 to purchase and hold real estate in Cambridge and Watertown, 
 not exceeding one hundred acres in addition to that now held, 16. 
 
 May gi-ant lots, &c, to heirs-at-law, devisees, or trustees of any deceased person, 
 and to bodies corporate, 17. 
 
 May hold so much real and personal estate as is necessary for the objects of their 
 organization, 20. 
 
 Trustees of, divided into six classes; election of and general provisions concern- 
 ing, 20, 21, 
 
 Graves, &c, not to be opened except by persons in the employ of the, 27. 
 
 May receive reconveyance of lot in perpetual trust, when, 31. 
 Mount Auburn. 
 
 [See " Cemetery of Mt. Auburn."] 
 
 [" Mount Auburn, Proprietors of the Cemetery of."] 
 Neglected Lots. 
 
 Notification of proprietors of, 28, 47. 
 
 Notification. 
 
 Of meetings. [See " Meetings."] 
 
 Officers of the Corporation. 
 
 And paid servants thereof disqualified from pecuniary interest in work, material, 
 
 &c, 23. 
 Salaries of, how fixed, 23. 
 Salai-ied, fee or payment to, for special service, to be such as Trustees fix upon be 
 
 fore such service is performed, 23. 
 Enumeration of duties of, in " Rules and Regulations," 46, 47, 48. 
 Not to receive pay or fee other than as provided in the By-Laws, 46. 
 Tender of payment, gift, &c, to, to be reported to Trustees, 46. 
 Not to engage in buying or selling lots, &c, excepting, 46. 
 
 Orders for Work. 
 
 To be done for proprietors ; general provisions, 48. 
 
 For interment, form of, &c, 40. 
 
 On private lot, form of application for, 41. 
 
 Ornamental Purposes. 
 
 Form of conveyance of land for, 38. 
 
 Payments. 
 
 By corporation, control of Trustees over, 25. 
 How made by Treasurer, 47. 
 
 Permanent Fund. 
 
 General provisions concerning, 29, 30, 31. 
 
 Permit. 
 
 For work on lot to be given by Secretary, 28. 
 
 Form of application for, for work on lot, 41. 
 
 For admission to Cemetery; general provisions, 48, 49. 
 
 From city or town, form of an order for interment, 40. 
 
 8 
 
58 INDEX. 
 
 Personal Estate. 
 
 Limited in 1835 to $50,000, 11. 
 
 Donations of, for certain purposes, how held and used, 14, 31. 
 
 May be held to such amount as is necessary for the objects, &c, 20. 
 
 Plans. 
 
 Sectional of Cemetery to be kept at Secretary's office, 32. 
 
 General provisions concerning, 32. 
 
 Of lots furnished by proprietors ; general provisions, 32. 
 
 President of Corporation. 
 
 Provisions concerning, in Act of 1831, 10. 
 
 Provisions concerning, in Act of 1835, 12. 
 
 When and how chosen, 23. 
 
 May call special meetings of Trustees, 23. 
 
 Presides at all meetings when present, 23. 
 
 To appoint all committees, 24. 
 
 To be a member of Committee on Grounds, 24. 
 
 May permit firing at military funerals, 27. 
 
 Checks of Treasurer may be made payable to, 47. 
 
 Motions at meelings of trustees to be in writing when requested by, 49. 
 
 Proprietors of Lots. 
 
 Members of the Corporation, when, 11, 22. 
 
 Eligibility to office of Trustee limited to, 22. 
 
 Questions of rights between, or with Corporation, to be under supervision of Com- 
 mittee on Lots, 25. 
 
 Contracts with, for care, &c, of lots to be under same supervision, 25. 
 
 May purchase certain spaces, 20. 
 
 To give orders for interment, 26. 
 
 To grade and number lots, &c, in sixty days, &c, 28. 
 
 May perform work on lots, &c, without permit from Secretary, 28. 
 
 Erections on lots by, restrictions concerning, 28. 
 
 Donations in trust from; general provisions, 31. 
 
 May reconvey lot to Corporation in perpetual trust, when, 31. 
 
 May insert in portfolio at Secretary's office plans of their lots, 32. 
 
 Admission of, to Cemetery; general provisions, 32, 33, 48, 49. 
 Proxies. 
 
 Use of, 12,15,19. 
 
 Public Lots. 
 
 Interments in; general provisions, 27. 
 
 Graves in becoming vacant, land to revert, &c, 27. 
 
 Form for certificate of right of interment in, 41. 
 Quorum. 
 
 At meetings of the Corporation in Act of 1835, 12. 
 
 May be fixed by By-Laws of Cemetery Corporation, 19. 
 
 Fixed by Act of 1869 at twenty-five, 21. 
 
 Of Trustees fixed at seven, 23. 
 Real Estate. 
 
 Mass. Hort. Soc. authorized to dedicate certain, to cemetery purposes, 9. 
 
 May hold additional to amount of $10,000, 10. 
 
 Limited in 1835 to fifty acres in addition to " garden and cemetery " premises, 11. 
 
 Right of Mass. Hort. Soc. over, to cease, when, 12. 
 
 Depredations, &c, upon, how punished, 13, 47, 48, 49. 
 
 Donations for improvement, &c, of, provisions concerning, 14, 31. 
 
 Sales of, 14, 15, 17, 18, 25, 26. 
 
 Exemption of, from taxation, 16. 
 
 May be increased one hundred acres in addition to amount authorized by Act of 
 1835, 16. 
 
 May be held to such amount as is necessary for the objects, &c, 20. 
 Receiving Tomb. 
 
 Deposit in; general provisions, 27. 
 
 Records. 
 
 Of conveyances, contracts, &c, regularly kept in books of the Corporation, effect 
 of, 18. 
 
 Validity of such records made before Act of 1865 affirmed, 18. 
 
 Certified copies of, how given and used, 18. 
 
 Of Corporation and of Trustees' meetings to be kept by Secretary, 23. 
 
 Of deeds, general provisions, 26. 
 
 Of certain evidences of title, 28, 29. 
 
 Certain to be kept at Secretary's office, 32. 
 
 Of less than entire ownership in lot not to be made on the books of the Corpora- 
 tion, 32. 
 
 Of certain plans of Lots, 32. 
 
 Of meetings of committees, 47. 
 Removal of Remains. 
 
 Opening of tomb or grave for, must be by employ^ of Corporation, 27. 
 Repair Fund. 
 
 How constituted, invested and managed, 31. 
 
INDEX. 59 
 
 Reports. 
 
 Annual of Trustees, with those of Treasurer and Superintendent, to be presented 
 
 at Annual Meeting, 22. 
 Of Treasurer, not already provided for, to be made at direction of Board of Trustees, 
 
 or, &c, 24. 
 Of Superintendent to be made at requisition of Trustees, 24. 
 
 Of Treasurer, quarterly and annual, duties of Committee on Fiuance respecting, 25. 
 Of Treasurer, other provisions, 47. 
 Of committees to be made in writing at request of any Trustee, 49. 
 
 Representation. 
 
 Of lots of. deceased proprietors, Board of Trustees to determine concerning, 13, 14. 
 
 29. 
 Of lots owned by bodies corporate may be by certain officers of, 17, 29. 
 Of shares in voting as proxy or attorney, 19. 
 Application for, how made, 29. 
 
 Representatives. 
 
 Of proprietors [lots] voting by, 13, 14, 22. 
 
 Orders for interment by, 26-. 
 
 Application for appointment of, how made, 29. 
 
 See " Representation." 
 
 Reserved Spaces, 51. 
 
 Rules &c of Board of Trustees. 
 Enumerated, 49, 50. 
 Alterations or amendments of, 50. 
 
 Rules and Regulations, 46, 48. 
 
 Salaries. [See i( Officers of the Corporation."] 
 
 Secretary of Corporation. 
 
 General provisions concerning, in Act of 1835, 12. 
 
 Authorized to give certified copies of certain inst"uments, 18. 
 
 Provisions concerning, in Act of 1869, 20, 21. 
 
 Meeting of Trustees for organization to be called by, 22. 
 
 When and how chosen, 23. 
 
 Summary of duties, 23. 
 
 Preparation, record and delivery of deeds by, 26. 
 
 Fees for certain records by, 26. 
 
 To make monthly reports to Trustees of certain sales, 26. 
 
 To give permits for certain work on lots, 28. 
 
 To be furnished with certain evidences of title. 28. 
 
 To notify proprietors of neglected lots, 28, 47. 
 
 Certain books, papers, plans, &c, to be kept at office of, 32. 
 
 To furnish paper for plans of lots procured by proprietors, &c, 32. 
 
 Tickets of admittance to Cemetery to be furnisbed by. 32, 33. 
 
 Enumeration of duties of, iD "Rules and Regulations," 46, 47. 
 
 To occupy same office with Treasurer. Office hours, 46. 
 
 Superintendent to make returns of all papers relating to interments to, 48. 
 
 Papers from presentation by, at Trustees' meetings, 50. 
 Selection of Lot. 
 
 Superintendent's certificate of, 25, 33. 
 Spaces. 
 
 Betweeen Lots, provisions as to reservation, sale of, &c, 26. 
 
 Form for conveyance of, 37. 
 Superintendent. 
 
 Report of, to be presented at Annual Meeting, 22. 
 
 When and how chosen, 23. 
 
 Control of Trustees over, general provisions, 21. 
 
 Summary of duties, 24. 
 
 To issue certificate to person selecting lot, 25. 
 
 To be furnished with order, &c, before interment is made, 26. 
 
 May remove bodies deposited in receiving tomb, when, 27. 
 
 Shall deliver same to friends, &c, how, 27. 
 
 Work done on lots by proprietors, &c, to be under supervision and control of, 28. 
 
 To certify correctness of proprietors' plans recorded at Secretary's office, 32. 
 
 Enumeration of duties of, in " Rules and Regulations," 47, 48. 
 
 Certain provisions of law to be enforced by, 48, 49. 
 
 Jurisdiction of, with respect to admission to Cemetery, 24, 48. 
 
 Form of his certificate of selection of lot, 33. 
 Surveyor. 
 
 To be designated by Committee on Grounds, 32. 
 
 To be approved by Committee on Lots, 32. 
 
 Duties of, 32. 
 
 Tickets. 
 
 Of admission to Cemetery. [See " Permit.''] 
 Tombs. 
 
 Erection of, provisions concerning, in Act of 1831, 9, 10. 
 
 Provisions concerning, in Act of 1835, 13, 14. 
 
60 INDEX. 
 
 Tombs. . 
 
 Provisions concerning, in Act of 1859, 17. 
 Lots for, how sold, &c, 26. 
 
 Construction, &c. of, must be approved, &c, 26. 
 Fees for opening, 27. 
 
 Not to be opened for removal of remains, except, 27. 
 
 Catacomb, place and manner of constructing to be approved by Committee on 
 Lots, 28. 
 
 Transfers. 
 
 Fee for recording, 26. 
 Treasurer of Corporation. 
 
 General provisions concerning, in Act of 1835, 12, 15. 
 
 One of officers named in Act of 1869, 20. 
 
 Report of, to be presented at Annual Meeting, 22. 
 
 When and how chosen, 23. 
 
 Bonds required of, 24. 
 
 Summary of duties, 24. 
 
 Examination and report on accounts, &c, of, by Committee on Finance, 25. 
 
 To give receipt to purchaser of grave, 27. 
 
 Deposits to be made by, on account of Permanent Fund, 29. 
 
 Enumeration of duties of, in '' Rules and Regulations," 46, 47. 
 
 May furnish written permission to drive in the Cemetery, 33. 
 
 To receive from Superintendent fees paid at the Cemetery, 24. 
 Trees. 
 
 Removal of, from lots to be by direction or consent of Committee on Grounds, 28. 
 
 Trustees of the Cemetery Corporation. 
 
 General provisions concerning, in Act of 1835, 12, 13, 14, 15. 
 
 General provisions concerning, classification, &c, of, in Act of 1869, 20, 21. 
 
 Non-members of corporation ineligible to office of, 22. 
 
 Place and hour of holding Annual Meeting to be determined by, 22. 
 
 Vacancies in Board of, to be filled at Annual Meeting, 22. 
 
 Meeting of, for organization, 22, 23. 
 
 Stated meetings of, to be held monthly, 23. 
 
 Special meetings of, how called, 23. 
 
 Quorum of, fixed, 23. 
 
 Disqualified from receiving salary or emolument for services while in office, 23. 
 
 May establish minor rules and regulations, 23. 
 
 Presidency at meetings of, 23. 
 
 Certain duties of Secretary respecting, defined, 23. 
 
 Control of, over Treasurer and Superintendent, 24. 
 
 Confirmation by, a pre-requisite to laying out or changing avenues or paths, 24. 
 
 Standing Committees, to be appointed annually immediately after organization of. 
 
 24. 
 Appointment of, among the standing committees, 24, 25. 
 Control of, over payments and expenditures, 25. 
 To approve location of lots for tombs, 26. 
 May order non-reservation of spaces between lots, 26. 
 Secretary to report sales of lots to, monthly, 26. 
 Written application for representation to be made to, 29. 
 
 Certain orders adopted by, April 6, 1857, concerning " Permanent Fund,'' 29, 30. 
 General provisions as to control of, over said Fund, 29, 30. 
 May receive donations intrust for certain purposes, 31. 
 Mav guarantee perpetual repair of lots on recommendation of Committee on Lots, 
 
 31. 
 To take order as to keeping certain records at Secretary's office. 32. 
 Written permission to drive in Cemetery may be given by any of the, 33. 
 Jurisdiction of over admission to the Cemetery, 33. 
 Majority of, may alter or amend By-Laws, excepting, 15. 
 To be kept advised of certain matters by Secretary, Treasurer, and Superintendent, 
 
 46. 
 Tender of gift, payment, &c, to officer of Corporation to be reported to, 46. 
 Approval of bills by, 47. 
 
 Treasurer to present monthly statements, &c, at meetings of the, 47. 
 Superintendent to see that contracts and orders of the, are complied with, 47. 
 - Reports of Committee to be in writing at request of any one of the, 49. 
 Stated meetings of the, time and place of holding, 49. 
 Motions to be in writing when requested by a majority of the, 49. 
 Rules and regulations of the Board of, how altered or amended, 50. 
 
 Trustees of Deceased Person. 
 
 May receive conveyance of lots, &c, 17. 
 
 Visitors. 
 
 To Cemetery, rules, &c, concerning, 24, 32, 33, 48, 49. 
 Voting. 
 
 At meetings of Corporation under Act of 1835, 12, 13, 15. 
 
 By proxy at meetings of Cemetery Corporations, general provisions, 19. 
 
 By individual right, limitation of, in Act of 1869, 20. 
 
 At meetings of corporation limited to proprietors and their representatives, 22, 29. 
 
ACTS OF INCORPORATION 
 
 BY-LAWS 
 
 PROPRIETORS 
 
 CEMETERY OF MOUNT AUBURN. 
 
 OFFICE, 
 16 PEMBERTON SQUARE, BOSTON. 
 
 BOSTON: 
 PRESS OF RAND, AVERY, & CO., 3 CORNHILL 
 
 T872. 
 

 
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