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[28] 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 Corporation substituted for the Massachusetts Horticultural Society hereby.

section 7. Be it further enacted, That any person who shall wilfully destroy, mutilate, deface, injure or remove any tomb, monument, grave-stone 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 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 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.

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