The picturesque pocket companion, and visitor's guide, through Mount Auburn

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Appendix, III: form of conveyance.

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 one lot of land in the Cemetery of Mount Auburn, in the County of Middlesex, situated on the way called and numbered on the plan of said Cemetery, drawn by A. Wadsworth, which plan is in the possession of the said Corporation, for inspection by the said grantee, heirs and assigns at all seasonable times; the said lot of land containing superficial 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, not exceeding one foot in thickness, which may be placed on the adjoining land of the Corporation, exterior to the said lot;

Second, That the said lot of land shall not be used for any other purpose than as a place of burial for the dead; [53] 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 sepulchral structures, and to cultivate trees, shrubs and plants, in the same;

Fourth, That the proprietor of the said lot of land shall keep in repair, at his or her own expense, the land marks of the same, which shall be erected by the Corporation;

Fifth, That if the land marks 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 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 dangerous or inconvenient to passengers, 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 inconvenient;

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 [54] 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, 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 said proprietors of the Cemetery of Mount Auburn 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.

In testimony whereof, the said proprietors of the Cemetery of Mount Auburn have caused this instrument to be signed by their President, and their Common Seal to be hereto affixed, the day of in the year of our Lord, one thousand eight hundred and