USA > Massachusetts > Suffolk County > Roxbury > Forest Hills cemetery: its establishment, progress, scenery, monuments, etc. > Part 11
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FOREST HILLS CEMETERY.
charge therefor; and they shall lay out said Cem- etery in suitable lots, or other subdivisions, for family or other burial-places, with all the neces- sary paths and avenues, and may plant and embel- lish the same with trees, shrubs, flowers and other rural ornaments, and may enclose and divide the same with proper fences, and erect or annex thereto such suitable edifices, appendages and conveniences, as they shall from time to time deem expedient ; and said board may make all necessa- ry by-laws, rules and regulations, in the execution of their trust, not inconsistent with this act and the laws of the Commonwealth, as they shall deem expedient.
SECT. 3. Said board of commissioners shall have authority to grant and convey to any person or persons, by deeds duly executed, the sole and ex- clusive right of burial, and of erecting tombs, cenotaphs, and other monuments in any of the designated lots or subdivisions of said Cemetery, upon such terms and conditions as they shall by their rules and regulations prescribe.
SECT. 4. The proceeds of sales of lots or rights of burial in said Cemetery, shall be paid into the city treasury, to be kept separate from any other funds of the city, and subject to the order of said commissioners, and such proceeds shall be devoted to the liquidation of the debt incurred in the pur- chase of the land for said Cemetery, and to the improvement and embellishment thereof, as afore- said, under the direction of said board of commis- sioners. And no other moneys shall be appro- priated from the city treasury by the city council, for such improvement and embellishment.
SECT. 5. Said board of commissioners shall an-
199
APPENDIX.
nually, in the month of February, and whenever required by the city council, make and render a report in writing of all their acts and proceedings, and of the condition of the Cemetery, and an ac- count of the receipts and expenditures for the same, and the funds subject to their order.
SECT. 6. This act shall be void unless the city council of Roxbury shall accept the same at a meeting of said city council, called for that pur- pose, within thirty days after its passage.
SECT. 7. This act shall take effect from and after its passage.
[Approved by the Governor March 24, 1848. Accepted by the City Council.]
AN ACT in addition to an Act relating to a Public Ceme- tery in the City of Roxbury.
Be it enacted by the Senate and House of Repre- sentatives in General Court assembled, and by the authority of the same, as follows :
SECT. 1. The board of commissioners of the Rural Cemetery in Roxbury, elected by the city council, pursuant to an act approved March twen- ty-fourth, one thousand eight hundred and forty- eight, are authorized to take and hold any grant, donation, or bequest of property, upon trust, to apply the same, or the income thereof, for the im- provement or embellishment of the said Cemetery, or for the erection, repair, preservation, or re- newal of any monument, fence, or other erection. or for the planting and cultivation of trees, shrubs or plants in or around any lot, or for improving the said premises in any other manner or form.
200
FOREST HILLS CEMETERY.
consistent with the purposes for which said Cem- etery is established, according to the terms of such grant, donation or bequest, and whenever any such grant, donation or bequest, or any depo- site shall be made by the proprietor of any lot in said Cemetery, for the annual repair, preservation or embellishment of such lot and the erections thereon, the said commissioners may give to such proprietor, or his representative, an agreement or obligation, in such form, and upon such terms and conditions as they may establish, binding them- selves and their successors to preserve and keep in repair said lot forever, or for such period as may be agreed on.
SECT. 2. Any sums of money, so received by said commissioners, shall be invested by the city treas- urer of Roxbury, under the direction of said com- missioners, in public stocks, or mortgages of real estate, and all such property received under the provisions of the foregoing section (unless other provision is made by the terms of any such grant, donation or bequest) shall be made under the charge of said city treasurer, but shall always re- main separate from and independent of any other moneys or property belonging to the city of Rox- bury, and free from the control of the city council. And the income of such fund or funds shall be re- ceived by said treasurer, subject to the order of said commissioners, and shall be appropriated by them in such manner as shall, in their opinion, best promote the purposes for which said grants, donations, bequest or deposites are made.
SECT. 3. The city of Roxbury shall be respon- sible for the good faith of said commissioners and the treasurer of said city, in the execution of any
201
APPENDIX.
trust which they may assume pursuant to the forc- going provisions. But said commissioners shall not be liable to make any renewal or reconstruc- tion of any monument, or other erection, on any lots in said Cemetery, unless such liability shall be expressed in the agreement given by them as aforesaid, or in the terms and conditions under which they accept any grant, donation or bequest.
SECT. 4. This act shall be void, unless the city council of Roxbury shall accept the same at a meeting of said council, called for that purpose, within thirty days after its passage.
SECT. 5. This act shall take effect from and after its passage.
[Approved by the Governor Feb. 25, 1852. Accepted by the City Council.]
The following order, to carry into effect the last act, was passed by the city council, Aug. 27. 1855.
Ordered, That the city treasurer be, and he hereby is authorized and instructed to receive of the commissioners of Forest Hills Cemetery, any moneys which have or may be paid to them by persons wishing to have their lots in Forest Hills Cemetery taken care of by said commissioners, in accordance with an act relating to a public Ceme- tery in the city of Roxbury, passed February 25, 1855.
And the said treasurer is hereby instructed to pay to said commissioners, annually, in the month of January, interest on the money so received of them, until said money shall be invested by the said treasurer, in accordance with said act.
202
FOREST HILLS CEMETERY.
5.
AN ORDINANCE establishing the name of the Rural Cemetery.
Be it ordained by the City Council of the City of Roxbury, as follows :
SECT. 1. The Rural Cemetery, recently estab- lished by the City Council, shall be called and known by the name of "Forest Hills."
SECT. 2. This ordinance shall take effect from and after its passage.
[Passed July 3, 1848.]
6.
AN ORDINANCE prescribing the Form of Deeds to be exe- cuted for the conveyance of Lots in Forest Hills Cemetery.
. WHEREAS, The commissioners of the Forest Hills Cemetery have prepared a form for the con- veyance of lots in said Cemetery, hereinafter set forth, and have advised that the same be approved and adopted by the city council, therefore
Be it ordained by the City Council of the City of Roxbury, as follows :
SECT. 1. The form of the deeds to be executed for the conveyance of lots in Forest Hills Ceme- tery, by the commissioners of said Cemetery, shall be as follows, viz. :
203
APPENDIX.
KNOW ALL MEN BY THESE PRESENTS, That the City of Roxbury, in the County of Norfolk, and Commonwealth of Massachusetts, in consideration of --- dollars, paid to it by -- -, the re- ceipt whereof is hereby acknowledged, doth here- by grant, bargain, sell and convey to the said
- -, heirs and assigns, One Lot of Land in the Rural Cemetery in said Roxbury, called the Forest Hills Cemetery, situated on the way called and the sole and exclusive right of burial of the dead therein : The said granted lot contains superficial square feet, and is numbered - on the plan of said Cemetery, which is in the posses- sion of the Board of Commissioners having the care, superintendence and management thereof, and may be inspected by the said grantee, his heirs and assigns, at all reasonable times. To have and to hold the aforegranted premises unto the said heirs and assigns forever ; but subject to the restrictions, limitations and con- ditions, and with the privileges following, viz. :
First. That the proprietors 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 said city, exterior to the said lot.
Second. That the said lot shall not be used for 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 con- sent of the said commissioners.
Third. That the proprietors of said lot shall have the right to erect monuments, cenotaphs or stones, commemorative of the dead; or to culti- vate trees, shrubs or plants in the same.
204
FOREST HILLS CEMETERY.
Fourth. That the proprietor of said lot shall erect, at his own expense, suitable landmarks of stone or iron at the corners thereof, and shall cause the number thereof to be legibly and per- manently marked on the premises ; and if the pro- prietor shall omit for thirty days after notice to erect such landmarks and to mark the number, the commissioners shall have authority to cause the same to be done at the expense of said pro- prietor.
Fifth. That if any trees or shrubs in said lot shall become in any way detrimental to the adja- cent lots or avenues, or dangerous or inconvenient, it shall be the duty of said commissioners for the time being, to enter into said lot and remove said trees or shrubs, or such parts thereof as are thus detrimental, dangerous or inconvenient.
Sixth. That if any monument or effigy, ceno- taph, or other structure whatever, or any inscrip- tion, be placed in or upon the said lot, which shall be determined by a majority of the said commis- sioners for the time being, to be offensive or im- proper, the said commissioners, or a majority of them, shall have the right and it shall be their duty to enter upon said lot and remove said offen- sive or improper object or objects.
Seventh. No fence shall, at any time, be erected or placed in or around said lot, the materials or design of which shall not first have been approved by said commissioners, or a committee of them.
Eighth. No tomb shall be constructed or al- lowed within the bounds of the Cemetery, unless by special permission of the said Board of Com- missioners, and in such places and in such manner as the commissioners shall direct. And no pro-
205
APPENDIX.
prietor shall suffer the remains of any person to be deposited within the bounds of his lot for hire.
Ninth. The said lot shall be indivisible; and upon the death of the grantce, the devisee of said lot, or the heir at law, shall be entitled to all the privileges of the original grantee ; and if there be more than one devisce or heir at law, the said Board of Commissioners shall designate which of said devisees or heirs at law shall then exercise the right of using said lot, which designation shall continue in force until by death or removal, or other sufficient cause, another designation shall become necessary; and in making such designa- tion said commissioners shall, as far as they con- veniently 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.
Tenth. The said lot shall be holden subject to all by-laws, rules and regulations made and to be made by the said Board of Commissioners, in pur- suance of authority granted to them in and by any act or acts of the Commonwealth of Massachu- setts.
And the said City of Roxbury hereby covenants to and with the said heirs and assigns. that the said city is lawfully seized in fee simple of the aforegranted premises, and of the ways leading to the same from the highway, that the granted premises are free from all incumbrances, that the said city hath good right to sell and convey the same to the said , in the manner and for the purposes aforesaid, and will warrant and defend the same unto the said -, heirs and assigns forever.
S
206
FOREST HILLS CEMETERY.
IN WITNESS WHEREOF, The said city of Roxbury hath caused these presents to be signed by
the Chairman of the said Board of Com- missioners, to be countersigned by their Secretary, and the Treasurer of the said city, and to be sealed with its common seal, this day of - in the year of our Lord eighteen hundred and
Signed, sealed and delivered in presence of
Chairman. ,
Countersigned,
, Secretary.
-, City Treasurer.
-
CITY OF ROXBURY. City Clerk's Office, -, 18 -.
I hereby certify that the foregoing Deed has been received, entered and recorded in this office, in the book provided for the purpose, being Book No. - , and page No. -.
-, City Clerk.
SECT. 2. All deeds executed in conformity to the preceding section, shall be signed by the Chairman of the Board of Commissioners of Forest Hills Cemetery, and countersigned by their Secretary and the City Treasurer, and shall have the City Seal affixed thereto.
SECT. 3. Said deeds shall be recorded by the City Clerk in a book provided for that purpose, and to be kept in his office.
SECT. 4. This ordinance shall take effect from and after its passage.
[Passed January 22, 1849.]
.
207
APPENDIX.
7.
ORDER OF PROCESSION at the Consecration of the Cemetery at Forest Hills, June 28, 1848.
City Marshal. Music-the Boston Brass Band. His Honor the Mayor, and Orator. The Officiating Clergy. Board of Commissioners. Board of Aldermen. City Clerk, Clerk Common Council, Treasurer. President of the Common Council. Members of the Common Council. School Committee. The Reverend Clergy. Past Mayor. Past Members of the Board of Aldermen. Past Members of the Common Council. Representatives of the City in the General Court, and Senators of Norfolk. Past Selectmen of the Town of Roxbury. Municipal Authorities of Boston and other adjoining cities and towns. Board of Assessors. Overseers of the Poor. Consulting Physicians, and Physician and Superintendent of the Almshouse. Chief and Assistant Engineers of the Fire Department. Officers of the Fire Department. Teachers of the Public Schools. Ward Officers. Citizens.
208
FOREST HILLS CEMETERY.
8.
Extent and Cost of Land.
AREA.
COST.
First purchase of Mr. Seaverns,
56
co qrs.
37
$19,944.98
Purchase of Mr. Parkinson, .
14
2 13
7,949.69
Second purchase of Mr. Seaverns,
32
2
36
9,000.00
-
Whole area, .
104 1 6
$36,894.67
9.
Debt for Land.
For first purchase of Scaverns land, payable Aug. 1, 1857, with in- terest at 6 per cent.
$19,944.98
For land purchased of Mr. Parkin- son, payable July 1, 1854, with interest at 6 per cent. . . 7,606.57
. For second purchase of Mr. Seav- erns, payable in 1858, '59, '60, 61, '62, 9,000.00
Total,
$36,551.55
[The sum of $343.12 was paid to Mr. Parkinson at the time of the purchase, which makes the entire cost $36,894.67, as stated above.]
acres.
rods.
209
APPENDIX.
Of the debt there has been paid, from proceeds of sales of lots at different times, . $11,551.55 Leaving the debt outstanding, Aug. 1855, 25,000.00
10.
The Receipts for lots, grading lots, graves, etc., for the several years since the establishment of the Cemetery to February, 1855, and the Expen- ditures for improvements, etc., including interest on the debt during the same time, are as follows :
For the year ending
Feb. 1, 1849,
Receipts. $11,660.69
Expenditures- $11,200.88
1850,
11,961.11
11,289.33
1851,
15,876.05
15,708.37
1852,
15,800.62
15,436.49
1853,
20,984.81
17,043.32
. 1854,
26,118.74
21,167.24
1855,
25,513.99
24,193.29
Total .
$127,916.01
$116,038.92
Payments during the same period, on account of the original purchase-money, $11,894.67.
S*
210
FOREST HILLS CEMETERY.
11. [See Appendix 4.]
Form of Receipt for perpetual Repair of Lots.
Commonwealth of Massachusetts.
No.
Whereas We, the BOARD OF COMMISSIONERS OF FOREST HILLS CEMETERY in Roxbury, in the county of Norfolk, have this day received of the sum of - :
Now therefore, We, the said commissioners, hereby agree with the said -- that we will pay the said sum to the treasurer of the city of Roxbury, to be invested by him, the
of said sum to be applied by us, the said commis- sioners, and our successors, in pursuance of an act of the Legislature passed February 25, 1852, for the repair, preservation and embellishment of Lot No. - in said Cemetery.
In witness whereof, We have hereunto set our hands and seals this day of - , in the year of our Lord eighteen hundred and
12.
REGULATIONS FOR VISITORS.
Respect the Garden of the Dead.
1. No horse is to be left unfastened without a keeper.
2. No horse is to be fastened except at the posts provided for this purpose.
211
APPENDIX.
3. No dog is admissible.
4. No firearms are to be discharged.
5. Persons are prohibited from gathering flow- ers or shrubs, or breaking branches from trees, shrubs and plants.
6. No horse is allowed to pass over the paths.
7. Persons are prohibited from writing upon or defacing any monument, fence or other structure.
8. No vehicle is to be driven at a rate faster than a walk.
9. All persons are prohibited from walking over the burial lots, the adjoining sodded or cultivated spaces, or the borders of the avenues and paths.
10. All persons who shall make unseemly noises or conduct themselves in any manner un- suitably to the sacred purposes to which the grounds are devoted, will be excluded.
11. The superintendent is authorized to remove all persons who violate these regulations, and trespassers are liable to prosecution.
13.
The number of tombs in private lots is forty. They are constructed entirely below the surface, and so covered with carth and turf that the lots present the appearance of those in which there are no tombs. The cost of tombs constructed in this way varies considerably, according to the nature of the ground, as well as the size and in-
212
FOREST HILLS CEMETERY.
ternal construction. Tombs have been erected costing from $150 to $600.
In some lots there are " Catacombs," or brick graves, constructed at much less cost.
The number of lots enclosed with iron fences is 297, and with hedges 25. The cost of the iron fences varies from $75 to $250, according to the style and the size of the lot. The average cost of them is estimated at $125. The stone posts which are set in all the lots when prepared, are not included in this estimate.
The number of monuments erected is 185, not including many small slabs, scrolls and other mon- umental devices. The cost of these monuments ranges from $50 to $1800.
14.
AVENUES.
Aspen leads from White Oak to Willow avenue, between Mount Dearborn and Eliot Hill.
Beech leads from Canterbury street gate to Lake Dell avenue.
Cedar leads from Rock Maple to Elm avenue, east of Mount Warren.
Cherry leads from Willow, near Fountain Hill, to White Oak avenue, near the southern entrance.
Chestnut leads from Egyptian gate to Rock Maple avenue. Cypress leads from Beech to Larch avenue, over Cypress Hill.
Elm leads from Fountain avenue to Canterbury street gate.
Fountain leads from Juniper to Rock Maple and Willow avenue, by Lake Hibiscus and towards the Field of Machpelah.
Hemlock leads from White Oak, near Eliot Hills, to Foun- tain avenue, on the low ground south of the terrace.
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APPENDIX.
Juniper leads from Cherry, near the southern entrance, to Fountain avenue.
Lake Dell leads from Fountain round Lake Hibiscus to Elm avenue.
Larch leads from Fountain avenue to Cypress Hill.
Linden leads from Mount Warren to Mount Warren ave- nuc, on Mount Warren.
Locust leads from Egyptian gate to Mount Warren avenue.
Magnolia leads from Chestnut avenue to the summit of Consecration Hill.
Mount Warren leads from White Oak and Walnut to White Oak avenue, around the top of Mount Warren, and down the south side.
Mulberry leads from Egyptian gate to the junction of Mount Warren and Walnut avenues, west of Mount Warren.
Nesutan leads from White Oak avenue round Eliot Monu- ment Hill.
Pine leads from White Oak to Mount Warren avenue, up the west side of Mount Warren.
Red Oak leads from Willow to White Oak avenue, near the foot and west of Mount Dearborn.
Rock Maple leads from the junction of Fountain and White Oak, to the junction of Tupelo and Cedar avenues, southeast of Mount Warren.
Spruce leads from the junction of Fountain and Juniper avenues past the Field of Machpelah to Lake Dell avenue.
Tupelo leads from Chestnut to Rock Maple avenue, pass- ing the Receiving Tomb.
Walnut leads from Tupelo to the junction of Mount War- ren and Mulberry avenues, south of Snowflake Cliff.
White Pine leads from White Oak, near the southern en- trance, to Cherry avenue, on Fountain Hill.
Willow leads from White Oak to Fountain avenue, south of Mount Dearborn.
White Oak leads from Walk Hill street gate to Rock Maple avenue.
Yew leads from Magnolia avenue to the summit of Chapel Hill.
PATHS.
Ailanthus leads from White Pine to Cherry avenue.
Alpine leads from Althea path to Cherry avenue. Althea leads from Hemlock to Fountain avenue.
Amaranth leads from Cherry to Hemlock avenue.
Andromeda leads from Cranberry path to Locust avenue.
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FOREST HILLS CEMETERY.
Anemone leads from Hemlock avenue to Eglantine path. Aster leads from Hemlock to White Oak avenue. Azalea leads from Mount Warren to Mt. Warren avenue. Barberry leads from Columbine path to Locust avenue. Bellflower leads from Hemlock to Cherry avenue.
Bignonia leads from Harebell path to Mount Warren ave- nue, opposite Pine.
Chrysanthemum leads from Fountain to Hemlock avenue.
Clematis leads from White Oak to White Oak avenue, at the north base of Eliot Hills.
Columbine leads from Egyptian Gate to Locust avenue.
Cowslip leads from White Oak avenue to junetion of Sweet Brier and Violet paths on Mount Dearborn.
Cranberry leads from Mount Warren to White Oak avenue.
Crocus leads from Snowflake to Mistletoe path.
Eglantine leads from Hemlock to White Oak avenue.
Elder leads from Chestnut to Magnolia, on the southern side of Consecration Hill.
Eliot Hills leads from White Oak to Nesutan avenue.
Geranium leads from Hemlock to White Oak Avenue.
Grape leads from Mount Warren to Tupelo avenue.
Green Brier leads from White Oak avenue, at its junction with Eliot Hills path, on the north side of Eliot Hills.
Harebell leads from Grape path to Mount Warren avenue.
Hawthorn leads from White Oak avenue to Eliot Hills path.
Hazel leads from Egyptian gate, near Mulberry, to Tupelo avenue.
Heliotrope leads from Cherry to White Oak avenue.
Holly leads from Red Oak to White Oak avenue.
Hyacinth leads from Geranium path to White Oak avenue. Ivy leads from Mount Warren to Pine avenue.
Jasmine leads from Green Brier to Hawthorn path.
Kalmia leads from Linden to Linden avenue.
Laurel leads from Linden to Mount Warren avenue.
Lichen leads from Cherry round the top of Fountain Hill.
Lilac leads from Juniper to Hemlock avenue.
Lily leads from Chestnut.
Lotus leads from Larch to Lake Dell avenue.
Lupine leads from Juniper to Hemlock avenue.
May-Flower leads from near the southern entrance of White Oak, south of Eliot Hills, to Nesutan avenue. Mistletoe leads from Mulberry avenue to Hazel path. Moss leads from White Oak to Nesutan avenue.
Myrtle leads from Red Oak to White Oak avenue.
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APPENDIX.
Narcissus leads from Myrtle to White Oak avenue.
Oleander leads from Lupine to Verbena path.
Primrose leads from White Oak avenue to the junction of Sweet Brier path, on the summit of Mount Dearborn.
Rhodora leads from Mount Warren avenue to Mount War- ren avenue.
Rose leads from White Oak to Linden avenue.
Rosemary leads from Hemlock avenue to Bellflower path.
Snowflake leads from Walnut avenue to Mistletoe path. Sumach leads from Mount Warren to Harebell path.
Sweet Brier leads from Willow avenue, near Fountain Dell, to summit of Mount Dearborn.
Tulip leads from Hemlock to Fountain avenue.
Verbena leads from Juniper to Hemlock avenue.
Vibernum leads from White Oak to Nesutan avenue.
Violet leads from Red Oak avenue to the junction of Sweet Brier and Cowslip paths, on Mount Dearborn.
Wabon leads from near Green Brier path, round Eliot Monument Hill to Moss path.
Woodbine leads from Mount Warren avenue to Linden avenue.
NOTE.
Nesutan .- The name of the Indian who aided the Apostle Eliot in learn- ing the Indian language, and in translating the Bible into that language.
Wabon was the Indian Chief at Nonantum Hill, in Watertown, where Eliot established his first Indian Church and School.
15.
PROPRIETORS OF LOTS.
Propri tors. No.
Situation.
Adams, Adoniram J.
11
White Oak avenue
Adams, Nathaniel
872 Lupine path
Albert. J. M. 34 White Oak avenue
Alexander, Ebenezer 891
Lilac path
Allen, C. F. J.
516
Bellflower path
Allen, Frederick D
695 Cherry avenue
Allen, Isaac
188 White Pine avenue
Allison, John W.
831 Lilae path
216
FOREST HILLS CEMETERY.
Proprietors. No.
Situation.
Ames, Robert W.
358
Eliot Hills path
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