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[8] lot, the subscription not to be binding until one hundred lots are subscribed for.

3. That when a hundred or more lots are taken, the right of choice shall be disposed of at an auction, of which seasonable notice shall be given to the subscribers.

4. That those subscribers, who do not offer a premium for the right of choosing, shall have their lots assigned to them by lot.

5. That the fee of the land shall be vested in the Massachusetts Horticultural Society, but that the use of the lots, agreeably to an Act of the Legislature, respecting the same, shall be secured to the subscribers, their heirs and assigns, forever.

6. That the land devoted to the purpose of a Cemetery shall contain not less than forty acres.

7. That every subscriber, upon paying for his lot, shall become a member, for life, of the Massachusetts Horticultural Society, without being subject to assessments.

8. That a Garden and Cemetery Committee of nine persons shall be chosen annually, first by the subscribers, and afterwards by the Horticultural Society, whose duty it shall be to cause the necessary surveys and allotments to be made, to assign a suitable tract of land for the Garden of the Society, and to direct all matters appertaining to the regulation of the Garden and Cemetery; five at least of this Committee shall be persons having rights in the Cemetery.

9. That the establishment, including the Garden and Cemetery, be called by a definite name, to be supplied by the Committee,

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