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In June, 1831, the protection of the Commonwealth being deemed necessary to the proper management of the enterprise of the Horticultural Society, the following Act was applied for and obtained:

An Act, in addition to an Act entitled, “an Act to incorporate the Massachusetts Horticultural Society.”

Commonwealth of Massachusetts. In the year of our Lord one thousand eight hundred and thirty-one.
section I: Be it enacted by the Senate and House of Representatives 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 ornaments, 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

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