USA > Massachusetts > Middlesex County > Cambridge > History of the cemetery of Mount Auburn. > Part 12
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13
LOTS AND SPACES.
ART. 17. Lots shall be laid out by the Super- intendent, subject to the approval of the Com- mittee on Lots. In all future sales of lots, a space of not less than three nor more than six feet in
232
BY-LAWS.
width, at the discretion of the Committee on Lots, shall be reserved between the fence limits of dif- ferent lots, unless otherwise ordered by vote of the Trustees.
The land left vacant as intermediate space be- tween lots in Mount Auburn, and not exceeding ten feet in width between any two lots, may be sold to the nearest lot holder or holders, at one third of the selling prices per foot at the time of said sale, with the condition that said land shall forever be kept open and without interments : provided that, if the Committee on Lots deem it in expedient in any special case to make such sale, the question may be submitted to the Board of Trustees.
The price of a full lot, until otherwise ordered, shall be one hundred and fifty dollars, or fifty cents per square foot. Enlarged lots, small lots, and land additional to lots, will be sold at a cor- responding rate per foot. Choice lots in such places as the Trustees may designate, will be held at an advanced price.
No lots shall be gratuitously conveyed to pub- lic bodies or private individuals.
!
233
BY-LAWS.
PUBLIC LOTS.
ART. 18. Interments may be made in the public lots belonging to the Cemetery, and the graves numbered on stone, on payment of twelve dollars each, together with the customary fees payable in other cases of interment ; but no slab, monument, or fence shall be erected upon or around said graves without the approval of the Committee on Lots ; and, in case the body thus interred is removed from the Cemetery, the right is thereby vacated, and no allowance is made by the Corporation.
SALES AND CONVEYANCES.
ART. 19. Lots applied for by purchasers shall be laid out by the Superintendent, subject to the approval of the Committee on Lots. Upon the selection of a lot, the Superintendent shall issue to the party intending to purchase a certificate, giving him a right to pay for the lot at any time within five days, if the sale shall be approved by the Committee on Lots; otherwise the bargain for sale shall be void. If the sale is approved by a majority of said Committee, the purchaser shall
234
BY-LAWS.
then pay to the Treasurer the customary or stipu- lated price of the lot sold him, and the Secretary's fee of one dollar, and receive a certificate therefor. The Secretary, on receiving the Treasurer's order for the deed of said lot, shall make, record, and return said deed to the Treasurer, who will de- liver the same to the purchaser, upon his present- ing the certificate, and receipting for said deed. In any doubtful case the Secretary or Treasurer shall ask instruction from the Trustees before exe- cuting a deed.
No deed of any lot shall be issued to more than one grantee ; nor to any person as trustee, execu- tor, or administrator, except by the vote of the Trustees, or the authority of the Committee on Lots. This rule is not to apply to heirs at law, devisees, or trustees of a deceased person, or to a corporate body, in accordance with a provision of the Legislature of Massachusetts, passed April 6th, 1859. No deed of any lot shall contain any special declaration of trust, without a vote of the Trustees therefor.
All deeds of conveyance by the Corporation shall be under the common seal, which shall be that heretofore adopted ; and signed by the Trea- surer, and countersigned by the Secretary, and
235
BY-LAWS.
recorded in the books of the Corporation. One dollar shall be paid to the Secretary for recording any deed of transfer, and giving the due certificate of the same.
The forms of conveyance given in Appendix A, shall be used until otherwise ordered by the Trustees.
LOTS OF DECEASED PROPRIETORS.
ART. 20. When the devisee of a deceased proprietor of any lot in the Cemetery shall desire to place upon the record of the deed of said lot, at the Secretary's office, the evidence of his title to the same, he may do so by producing a certified copy of the will of such proprietor (if the title is deducible therefrom), or of snch portion of said will as relates to said title ; and the same shall be duly recorded in a book kept for that purpose, and proper reference thereto be made upon the margin of the original record. The Secretary shall re- ceive the affidavit of any person who shall claim to be the sole heir at law of the deceased proprietor of any lot, in which the material facts necessary to support such claim shall be set forth, and he shall file the same with the papers of the Corpo- ration, with proper reference thereto, upon the margin of the original record.
236
BY-LAWS.
When the devisees or heirs at law of any de- ceased proprietor, or the guardian or trustee of such persons being infants, shall desire the ap- pointment of a person to represent the lot owned in common by them, written application to the Trustees shall be made by them in that behalf. Any person who shall be designated by any com- pany, society, or association, whether corporate or incorporate, which may own a lot of three hun- dred feet or more in the Cemetery, is authorized to represent such lot and vote at the meetings of the Corporation. Lots of less than three hundred square feet may be represented in the same manner as other lots for all purposes not conflicting with the charter.
PLANS AND PORTFOLIOS.
ART. 21. A large map or plan of the Ceme- tery shall be kept at the Secretary's office, and a duplicate of the same at the Superintendent's office. On these shall be entered, under the direction of the Committee on Lots, by a surveyor to be from time to time designated by them, all avenues and paths duly named, and all lots sold or laid out by the Corporation duly numbered. If any avenue, path, or lot shall be given up, altered, or removed
237
BY-LAWS.
by the Trustees, a corresponding alteration shall be made in the plan.
The Secretary shall procure and keep one or more portfolios, in which he shall insert such plans as proprietors may respectively procure to be made of their lots, such plans to be drawn by a surveyor approved by the Trustees, on paper of uniform size, which shall be furnished by the Secretary, and no plans shall be introduced into the portfolio unless they shall have been examined and approved by the Committee on Lots, or a majority of them, and certified by the Superin- tendent to be correct. Proprietors shall pay the expense of their own plans, and one dollar to the Secretary for examining and introducing the same into the portfolio and placing the name in the index.
TREES.
ART. 22. Trees standing within lots can be removed, if desired, by an application from the proprietor to the Superintendent, subject to the approval of the Committee on Grounds. The Committee on Grounds have likewise charge of the general subject of introducing and cultivating, also of trimming and removing trees and shrubs in other parts of the Cemetery.
238
BY-LAWS.
TOMBS.
ART. 23. Lots for tombs may be sold in places approved by the Trustees, and at prices fixed by them. Such tombs shall be made in a strong, tight, and durable manner, and, except in cata- combs,-made as hereinafter described,- every part, including the door, shall be at least one foot under ground.
CATACOMBS.
ART. 24. Catacomb tombs may be constructed in such places and manner as shall be approved by the Committee on Lots, with the entrance doors above ground ; but no bodies shall be placed in them, except in single compartments made satisfactory to the Superintendent, and closed so as to be hermetically tight, with brick or stone and cement.
RECEIVING TOMBS.
ART. 25. Bodies may be deposited in the re- ceiving tombs on payment of twenty dollars to the Superintendent or Treasurer. But if within four months after interment, the deposited body shall be removed to any part of Mount Auburn, fifteen
239
BY-LAWS.
dollars of the above sum shall be refunded, other- wise the whole twenty dollars shall be forfeited to the Corporation ; and the Superintendent shall remove the body to such place as shall be directed by the Committee on Grounds. But the friends or relatives, with the consent of the Superin- tendent, and in a legal way, may, at their own expense, remove said body from the Cemetery.
MONUMENTS, STONES, FENCES, ETC.
ART. 26. Proprietors have the right to erect on their lots, fences, monuments, and stones, of appropriate character. Wooden fences and grave- stones of slate are not permitted. Live hedges of small or moderate size are allowed. All founda- tions of monuments and other structures shall be made satisfactory to the Superintendent, under the direction of the Committee on Lots.
APPROPRIATIONS.
ART. 27. No appropriation of money exceed- ing one thousand dollars for any one object, unless it be for the liquidation of a debt previously ex- isting, shall be made by the Trustees, except at a meeting at least seven days subsequent to the meeting in which the said appropriation has been
240
BY-LAWS.
moved ; whereof special notice shall have been given.
COLLECTION AND PAYMENT OF MONEY.
ART. 28. All sums due the Corporation of one hundred dollars and upwards shall be paid to the Treasurer ; and all bills of like amount shall be paid by him; and all bills except those for labor shall be approved either by the proprietor for whom the work is done, or by the Committee on Lots ; provided that nothing herein contained shall be understood as conflicting with the pro- visions of any existing by-laws.
REPAIR FUND.
ART. 29. The Trustees will receive in trust from any proprietor, a sum of money not less than one hundred dollars, the income of which shall be appropriated to the repair of his lot, according to the terms of trust given in the Appendix.
The Trustees may also guarantee the perpetual repair of lots, containing three hundred feet and upwards, on the payment to the Treasurer of a sum not less than three hundred dollars, and of lots containing less than three hundred feet, on the payment of a sum not less than one hundred
241
BY-LAWS.
dollars, according to the terms of trust given in the Appendix. In this case, if the Repair Fund should ever be lost, the whole property of the Corporation is held for the perpetual repair of such lots.
All monies received from proprietors, for the purpose of keeping lots in repair, shall collectively constitute a separate fund, to be called the " Re- pair Fund," and shall be kept invested, under the direction of the Committee on Finance, in some public stock of this State, or of the National Government, or in the stock of some bank or banks of this State, or in some personal notes or obligations of private persons, secured by a satis- factory collateral pledge, or mortgage on interest.
Each lot, in relation to which such contract shall have been made, shall be credited in a book kept for the purpose, with the principal sum given on account of said lot, and at the close of each year, a ratable proportion of the net income of the whole Repair Fund, less one half per cent., shall be carried to the credit of each lot, and the proper entries made accordingly.
The Treasurer shall keep the Superintendent constantly informed as to all lots which the Cor- poration have agreed to keep in repair, and shall
16
242
BY-LAWS.
also state the sums paid by the proprietors as con- sideration for such agreements.
A list of the lots, the repair of which has been contracted for by the Corporation, shall be pub- lished in each edition of the Catalogue of pro- prietors, together with the names of the present owners, and the sums respectively paid on said lots.
ADMITTANCE.
ART. 30. The Secretary shall furnish to each proprietor who may request it, a ticket, entitling him and his household to drive with a carriage into the Cemetery. These tickets are not trans- ferable.
In all cases where the Secretary is satisfied, by a written petition to the Trustees, that the heirs or devisees in common of any lot have agreed upon any one person to represent the same, he may issue the ticket for such lot to the person designated in such petition as representative of such lot, to remain good until the further action of the Board. The petition, however, shall be presented, with notice of the Secretary's action, at the next meeting of the Trustees.
The Secretary is authorized to issue more than
243
BY-LAWS.
one ticket upon one lot, where he is satisfied that two or more persons are actual owners of a lot in fact, though the title is in the name of one only.
The Secretary is authorized to replace tickets which he is satisfied are actually lost. But if the lost ticket is found, the duplicate shall be returned to the Secretary.
Strangers from a distance, also persons having business in the Cemetery, may be admitted with carriages on presenting a note or ticket of admis- sion signed by a Trustee or by the Secretary or Treasurer. The Trustees, however, may from time to time pass such votes for the admission of strangers and other non-proprietors, and under such regulations as they may deem expedient.
The public are, at present, allowed to walk into the Cemetery, except on Sundays and holidays. Persons having a relative or near friend interred there, may enter the Cemetery on Sundays and holidays, on presenting a card of admission from a Trustee, the Secretary, or Treasurer. £ All visitors are subject to the conditions and regula- tions prescribed in the by-laws.
Teams, carts, and heavy loaded vehicles are not allowed to enter the front gate without the
244
BY-LAWS.
order of a Trustee. No omnibuses are allowed to enter the Cemetery.
The rules and regulations concerning visitors to the Cemetery shall be as given in the Appendix until otherwise ordered by the Trustees.
FUNERALS.
ART. 31. Early notice of funerals should be given to the Superintendent on the ground at Mount Auburn. When a funeral arrives, a per- son will be in readiness at the gate to conduct the procession to the place of interment. If military funerals on foot or on horseback are admitted, no music nor firing of volleys will be allowed within the Cemetery.
ALTERATIONS OF BY-LAWS.
ART. 32. No alteration nor addition shall be made in any of the By-laws, unless the proposed alteration or addition shall have been submitted to the Trustees at a meeting at least seven days previous to the meeting at which it is to be acted upon.
APPENDIX.
FORM FOR CONVEYANCE OF LOTS.
KNOW ALL MEN BY THESE PRESENTS, That the Pro- prietors of the Cemetery of Mount Auburn, in considera- tion 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, 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
246
FORMS.
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 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. The proprietor of the said lot of land shall erect, at his or her own expense, suitable landmarks of stone or iron, at the corners thereof ; and shall also cause the num- ber thereof to be legibly and permanently marked on the premises. And if the said proprietor shall omit, for thirty days after notice, to erect such landmarks, and mark the number, the Trustees shall have authority to cause the same to be done at the expense of the said proprietor.
Fifth. That if the landmarks and boundaries of the said lot shall be effaced, so that the said lot cannot, with rea- sonable 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 danger- ous 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 struc- ture 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 im" proper, the said Trustees, or the major part of them, shall have the right, and it shall be their duty, to enter upon
247
FORMS.
said land, and remove the said offensive or improper object or objects.
Eighth. No fence shall, from time to time or at any time, be placed or erected in or around the said lot, the materials and design of which shall not first have been approved by the Trustees, or a committee of them.
Ninth. No tomb shall be constructed within the bounds of the Cemetery, except in or upon the lots situated in such parts of the grounds as shall be designated by the Trustees for that purpose ; and no proprietor shall suffer the remains of any person to be deposited in a tomb so authorized, for hire.
Tenth. 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 Au- burn do hereby covenant to and with the said
heirs and assigns, that they are lawfully seised 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 ex- pressed ; and that they will warrant and defend the same unto the said heirs and assigns for- ever.
And the said Proprietors of the Cemetery of Mount Au- burn further covenant to and with the said
heirs and assigns, that the provisions of an order passed by the Trustees of this Corporation, on the sixth day of April, in the year eighteen hundred and fifty-seven, (which is made part of this covenant, as if herein repeated,) for the establishment and security of a fund for the preser- vation of the Cemetery and its appurtenances, shall be forever kept, observed, and performed by the said Corpo- ration.
248
FORMS.
In testimony whereof, the said Proprietors of the Cemetery of Mount Auburn have caused this instrument to be signed by their Treasurer and countersigned by their Secretary, and their Common Seal to be hereto affixed, the day of in the year of our Lord one thou- sand eight hundred and
FORM FOR CONVEYANCE OF SPACES BETWEEN LOTS, TO BE KEPT OPEN.
KNOW ALL MEN BY THESE PRESENTS, That the Proprie- tors 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 as- signs, a certain piece of land in the Cemetery of Mount Auburn, adjoining the side of lot, which is
situated on the way called and numbered on
the plan of said Cemetery ; the said piece of land being
feet wide and feet in length, containing
square feet.
To Have and to Hold the aforegranted premises unto the said heirs and assigns for- ever ; subject, however, to the conditions and limitations following, to wit :
First. That no part of said premises shall ever be used as a place of burial for the dead ; unless the owner of the said lot shall purchase the same for the purpose of enlarging his burial lot.
Second. That the whole of said premises shall forever remain as a part of the open grounds of said Cemetery ; except in the event of being purchased by the owner of the said lot as aforesaid.
FORMS. 249
Third. That no tree, shrub, or plant, and no inscription, landmark, monument, fence, or structure whatever, shall be placed in or upon the premises, or be removed there- from, without the consent of the Board of Trustees, for the time being, of said Corporation.
And the said Proprietors of the Cemetery of Mount Au- burn do hereby covenant to and with the said
heirs and assigns, that they are lawfully seised 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 pur-
poses above expressed ; and that they will warrant and de- fend the same unto the said heirs and assigns forever.
And the said Proprietors of the Cemetery of Mount Auburn further covenant to and with the said
heirs and assigns, that the provisions of an order passed by the Trustees of this Corporation, on the sixth day of April, in the year eighteen hundred and fifty- seven, (which is made part of this covenant, as if herein repeated,) for the establishment and security of a fund for the preservation of the Cemetery and its appurtenances, shall be forever kept, observed, and performed by the said Corporation.
In testimony whereof, the said Proprietors of the Ceme- tery of Mount Auburn have caused this instrument to be signed by their Treasurer and countersigned by their Secre- tary, and their Common Seal to be hereto affixed, the
day of in the year of our Lord one thousand eight hundred and
.
250
FORMS.
FORM FOR DONATION IN TRUST FOR THE RE- PAIR OF LOTS.
BE IT KNOWN, that I, of the Proprietor of Lot No. in the Cemetery of Mount Auburn, do hereby give unto the Proprietors of the Cemetery of Mount Auburn, the sum of
dollars, for their sole use forever ; in trust, neverthe- less, that the Trustees of the said Corporation for the time being, shall, in order to obtain an income therefrom, invest the same from time to time, in their discretion, in some public stock of this State, or of the National Government, or in the stock of some Bank or Banks of this State, or in some personal notes or obligations of private persons, se- cured by a satisfactory collateral pledge or mortgage, on interest, and to apply the income or interest thereof, from time to time, after deducting therefrom the sum of fifty cents out of every hundred dollars of the sum so above given, as follows : -
First. To keep in suitable and good repair and preser- vation, Lot No. in the said Cemetery, and the monument, fences, trees, shrubbery, and soil thereon.
Secondly. To suffer the surplus, if any, of such income or interest to accumulate for such time as the said Trustees may deem expedient, or in their discretion to apply the same surplus, or any part thereof, from time to time, to the ornament and preservation of the grounds of the said Ceme- tery, or to any other, or all the purposes to which, by the Act of Incorporation, the funds of the said Corporation may be lawfully applied, and which are appropriate to the objects of the establishment of said Cemetery.
Provided, however, That the said Trustees shall never be responsible for their conduct in the premises, except for good faith and such reasonable diligence as may be required of mere gratuitous agents ; and provided further, that the
251
FORMS.
said Trustees shall in no case be obliged to make any sepa- rate investment of the sum so given, and that the average income or interest derived from all funds of the like nature belonging to the Corporation, shall be divided annually, and carried proportionally to the credit of each lot entitled thereto.
In witness whereof, I have hereunto set my hand and seal, on this day of A. D. 18
Executed in presence of
FORM FOR DONATION IN TRUST FOR PER- PETUAL REPAIR OF LOTS.
[The same as preceding, with the following clause, in- serted immediately after the in testimonium clause.]
MOUNT AUBURN CEMETERY.
The Committee on Lots hereby certify that they approve of the sum of dollars as sufficient to warrant the guaranty on the part of the Proprietors of the Ceme- tery of Mount Auburn, that the within named Lot num- bered shall be forever kept in good order and repair.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.