USA > Massachusetts > Middlesex County > Lowell > Lowell Cemetery deeds by year, 1851-1864 > Part 4
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Fifth - That if the landmarks and boundaries of the said lots shall be effaced, so that the said lot cannot with reasonable diligenee be found and identified, or if any conflicting claims shall arise between claimants, under decds made according to any plan adopted by the Proprietors, the Trustces for the time being may equitably settle the same, or the said Trustees shall sct off to the said grantee heirs and assigns a lot in lieu thereof, in such part of the Cemetery as they shall 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 said Trustees for the time being, and they shall have the right, to enter into the said lot and remove the said trces or shrubs, or such parts thereof as are thus detrimental, dangerous or inconvenient.
Seventh - That if any Monument or any structure whatsoever, or any inseription be placed in, or upon the said lot which shall be determined by the major part of the Trustecs for the time being to be offensive or improper, the said Trustees, or the major part of them, shall have the right, and it shall be their duty, to enter upon said land and remove the same.
Eighth - That no assessment of any deseription shall ever be laid by said Corporation upon said lot.
Ninth - That the Trustees may deed to the city of Lowell such portion of the Cemetery not exceeding five acres, as they may deem advisable, upon the payment of such sum of money as may be agreed upon by them and the city authorities, to be appropriated with all other receipts to the general improvement and care of the Cemetery.
Tenth - The said lot of land shall be holden subject to the provisions contained in an act of the General Court, dated January 23, 1841, and entitled " An Act to incorporate the Proprietors of the Lowell Cemetery."
And the said Proprietors of the Lowell Cemetery do hereby covenant to and with the said Nation and his heirs and assigns that they are lawfully scized of the afore- granted premises, and of the ways leading to the same from the highway in fee simple; that they arc free from all incumbrances ; that the said Corporation have a right to sell and convey the said premises to the said Watm for the purposes above expressed ; and that they will warrant and defend the same unto the said watson and his heirs and assigns forever.
IN TESTIMONY WHEREOF, the said Proprietors of the Lowell Cemetery have caused this instrument to be signed by their President and Clerk, and their Common Seal to be hereto affixed, the -thirtieth c day of Clujany. in the year of our Lord one thousand eight hundred and Fifty très
CE
LE
LOWEL
1841
THE
RAISE
DEAD
BE
LL
Executed and delivered in presence of
President.
Clerk.
No. 194
linow all Allen by these Presents, That the Proprietors
of the LOWELL CEMETERY, in consideration cf Thirty Pinc dollars paid to them by More, und Jacob Kelly, of Lowell the receipt of which is hereby acknowledged, do give, grant, bargain, sell and convey to the said Meanser Verunt and flow heirs and assigns, one lot of land in the Lowell Cemetery, in the County of Middlesex, situated on the way called Washington avenue and numbered One hundred and trety fon on the plan of said Cemetery, drawn by Butterfield & Clark, which plan is in the possession of said Corporation, for inspection by the said grantees & then heirs and assigns at all seasonable times. The said lot of land containing Three hundred superficial square feet.
To have and to hold the aforegranted premises unto the said Muse, I facut
heirs and assigns forever ; subjeet however, to the conditions and limitations, and with the privileges following, to wit : --
First-That the proprietor of 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 - The said lot of land 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 consent of the Trustees of the Corporation.
Third - That the proprietor of said lot shall have the right to erect Stones, Monuments or Sepulchral structures, and to cultivate trecs, shrubs and plants in the sainc.
Fourth - That the proprietor of said lot of land shall keep in repair at his or her own expense, the landmarks of the same, which shall be crccted by the Corporation.
Fifth - That if the land marks and boundaries of the said lots shall be effaced, so that the said lot cannot with reasonable diligence be found and identified, or if any conflicting claims shall arise between claimants, under deeds made according to any plan adopted by the Proprietors, the Trustecs for the time being may equitably settle the same, or the said Trustees shall set off to the said grantee & then heirs and assigns a lot in lieu thereof, in such part of the Cemetery as they shall 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 said Trustees for the time being, and they shall have the right, to enter into the said lot and remove the said trees or shrubs, or such parts thereof as are thus detrimental, dangerous or inconvenient.
Seventh - That if any Monument or any structure whatsoever, or any inscription be placed in, or upon the said lot which shall be determined by the major part of the Trustees for the time being to be offensive or improper, the said Trustees, or the major part of them, shall have the right, and it shall be their duty, to enter upon said land and remove the same.
Eighth - That no assessment of any description shall ever be laid by said Corporation upon said lot.
Ninth - That the Trustees may deed to the city of Lowell such portion of the Cemetery not exceeding five acres, as they may deem advisable, upon the payment of such sum of money" as may be agreed upon by them and the city authorities, to be appropriated with all other receipts to the general improvement and care of the Cemetery.
Tenth - The said lot of land shall be holden subject to the provisions contained in an act of the General Court, dated January 23, 1841, and entitled " An Act to incorporate the Proprietors of the Lowell Cemetery."
And the said Proprietors of the Lowell Cemetery do hereby covenant to and with the said More, Jacob and then heirs and assigns that they are lawfully seized of the afore- granted premises, and of the ways leading to the same from the highway in fee simple; that they are free from all ineumbrances ; that the said Corporation have a right to sell and convey the said premises to the said More, Poucob for the purposes above expressed ; and that they will warrant and defend the same unto the said More, Poucob aur then heirs and assigns forever.
IN TESTIMONY WHEREOF, the said Proprietors of the Lowell Cemetery have caused this instrument to be signed by their President and Clerk, and their Common Seal to be hereto affixed, the Sixth day of November in the year of our Lord one thousand eight hundred and Fifty Two
Oliver MWhipple President.
Clerk.
1841
READ
BE
8H
Executed and delivered in presence of George & Jeavery
No. 206
Know all Men by these Presents, That the Proprietors
of the LOWELL CEMETERY, in consideration cf Thirty Five dollars paid to them by god frey B King
of Lowell the receipt
of which is hereby acknowledged, do give, grant, bargain, sell and convey to the said and his heirs and assigns, one lot of land in the Lowell Cemetery, in the County of Middlesex, situated on the way called Washington avenue and numbered Twohundred and Six on the plan of said Cemetery, drawn by Butterfield & Clark, which plan is in the possession of said Corporation, for inspection by the said grantee /-ha, heirs and assigns at all seasonable times. The said lot of land containing Three hundred superficial square feet.
To have and to hold the aforegranted premises unto the said
heirs and assigns forever ; subjeet however, to the conditions and limitations, and with the privileges following, to wit: -
First - That the proprietor of 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 - The said lot of land 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 consent of the Trustees of the Corporation.
Third - That the proprietor of said lot shall have the right to ereet Stones, Monuments or Sepuleliral structures, and to cultivate trees, shrubs and plants in the same.
Fourth - That the proprietor of said lot of land shall keep in repair at his or her own expense, the landmarks of the same, which shall be ereeted by the Corporation.
Fifth - That if the landmarks and boundaries of the said lots shall be effaced, so tliat the said lot cannot with reasonable diligenee be found and identified, or if any conflicting elaims shall arise between elaimants, under deeds made according to any plan adopted by the Proprietors, the Trustees for the time being may equitably settle the same, or the said Trustees shall set off to the said grantee this heirs and assigns a lot in lieu thereof, in such part of the Cemetery as they shall see fit, and the lot hereby granted shall in such ease 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 said Trustees for the time being, and they shall have the right, to enter into the said lot and remove the said trees or shrubs, or such parts thereot as are thus detrimental, dangerous or inconvenient.
Seventh - That if any Monument or any structure whatsoever, or any inseription be placed in, or upon the said lot which shall be determined by the major part of the Trustees for the time being to be offensive or improper, the said Trustees, or the major part of them, shall have the right, and it shall be their duty, to enter upon said land and remove the same.
Eighth - That no assessment of any description shall ever be laid by said Corporation upon said lot.
Ninth - That the Trustees may deed to the city of Lowell such portion of the Cemetery not exceeding five aeres, as they may deem advisable, upon the payment of such sum of money as may be agreed upon by them and the city authorities, to be appropriated with all other receipts to the general improvement and care of the Cemetery.
Tenth - The said lot of land shall be holden subject to the provisions contained in an aet of the General Court, dated January 23, 1841, and entitled " An Act to incorporate the Proprietors of the Lowell Cemetery."
And the said Proprietors of the Lowell Cemetery do hereby covenant to and with the said heirs and assigns that they are lawfully seized of the afore- granted premises, and of the ways leading to the same from the highway in fee simple; that they are free from all incumbrances ; that the said Corporation have a right to sell and convey the said premises to the said Kmg for the purposes above expressed ; and that they will warrant and defend the same unto the said Kiy and lu, heirs and assigns forever.
IN TESTIMONY WHEREOF, the said Proprietors of the Lowell Cemetery have caused this instrument to be signed by their President and Clerk, and their Common Seal to be hereto affixed, the ~ third day of in the year of our Lord one thousand eight hundred and Fifty tro
LI
MET
WE
E
1841
RAISE
BE
Clive The Whipple President.
the Money Clerk.
Executed and delivered in presence of
No. 812
Kinow all Men by these Presents, That the Proprietors
of the LOWELL CEMETERY, in consideration of Thirty Ple dollars paid to them by Gerryet Talin A Suntele of Lamelo the receipt of which is hereby acknowledged, do give, grant, bargain, sell and convey to the said Jorge Fr Shower. and/fica heirs and assigns, one lot of land in the Lowell Cemetery, in the County of Middlesex, situated on the way called Path number shirt, Lence and numbered Eight hundred + time the on the plan of said Cemetery, drawn by Butterfield & Clark, which plan is in the possession of said Corporation, for inspection by the said grantees / then heirs and assigns at all seasonable times. The said lot of land containing Three hundred superficial square feet.
To have and to hold the aforegranted premises unto the said George For the 'n oTheir heirs and assigns forever ; subject however, to the conditions and limitations, and with the privileges following, to wit : --
First- That the proprietor of 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 - The said lot of land 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 consent of the Trustees of the Corporation.
Third - That the proprietor of 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 said lot of land shall keep in repair at his or her own expense, the landmarks of the same, which shall be erected by the Corporation.
Fifth - That if the landmarks and boundaries of the said lots shall be effaced, so that the said lot cannot with reasonable diligence be found and identified, or if any conflicting claims shall arise between claimants, under deeds made according to any plan adopted by the Proprietors, the Trustees for the time being may equitably settle the same, or the said Trustees shall set off to the said grantees then heirs and assigns a lot in lieu thereof, in such part of the Cemetery as they shall 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 said Trustees for the time being, and they shall have the right, to enter into the said lot and remove the said trees or shrubs, or such parts thereof as are thus detrimental, dangerous or inconvenient.
Seventh - That if any Monument or any structure whatsoever, or any inscription be placed in, or upon the said lot which shall be determined by the major part of the Trustees for the time being to be offensive or improper, the said Trustees, or the major part of them, shall have the right, and it shall be their duty, to enter upon said land and remove the same.
Eighth - That no assessment of any description shall ever be laid by said Corporation upon said lot.
Ninth - That the Trustees may deed to the city of Lowell such portion of the Cemetery not exceeding five acres, as they may deem advisable, upon the payment of such sum of money as may be agreed upon by them and the city authorities, to be appropriated with all other receipts to the general improvement and care of the Cemetery.
Tenth - The said lot of land shall be holden subject to the provisions contained in an act of the General Court, dated January 23, 1841, and entitled " An Act to incorporate the Proprietors of the Lowell Cemetery."
And the said Proprietors of the Lowell Cemetery do hereby covenant to and with the said Herrge FT John M. and the heirs and assigns that they are lawfully seized of the afore- granted premises, and of the ways leading to the same from the highway in fee simple; that they are free from all incumbrances ; that the said Corporation have a right to sell and convey the said premises to the said Game Fr John W for the purposes above expressed ; and that they will warrant and defend the same unto the said GeorgeFor thehen th and the heirs and assigns forever.
IN TESTIMONY WHEREOF, the said Proprietors of the Lowell Cemetery have caused this instrument to be signed by their President and Clerk, and their Common Seal to be hereto affixed, the -ninth day of September in the year of our Lord one thousand eight hundred and Fifty tro
Olina WV Whipple President. Thur Rojas . Clerk.
1841
RA
EAD®
Executed and delivered in presence of
abraham W Sargent
No. 1399
Know all Men by these Presents, That the Proprietors
of the LOWELL CEMETERY, in consideration cf thirty Time dollars paid to them by Samuel & Rugs of Lamell the receipt
of which is hereby acknowledged, do give, grant, bargain, sell and convey to the said and his heirs and assigns, one lot of land in the Lowell Cemetery, in the County of Middlesex, situated on the way called Washingtwo avenue and numbered Thirteen hundred & ninety nine on the plan of said Cemetery, drawn by Butterfield & Clark, which plan is in the possession of said Corporation, for inspection by the said grantee & his heirs and assigns at all seasonable times. The said lot of land containing Three hundred superficial square feet.
To have and to hold the aforegranted premises unto the said Rugy and his heirs and assigns forever ; subject however, to the conditions and limitations, and with the privileges following, to wit : -
First - That the proprietor of 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 - The said lot of land 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 consent of the Trustees of the Corporation.
Third - That the proprietor of 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 said lot of land shall keep in repair at his or her own expense, the landmarks of the same, which shall be erected by the Corporation.
Fifth - That if the landmarks and boundaries of the said lots shall be effaced, so that the said lot cannot with reasonable diligence be found and identified, or if any conflicting claims shall arise between claimants, under deeds made according to any plan adopted by the Proprietors, the Trustees for the time being may equitably settle the same, or the said Trustees shall set off to the said grantee auf Zu, heirs and assigns a lot in lieu thereof, in such part of the Cemetery as they shall 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 said Trustees for the time being, and they shall have the right, to enter into the said lot and remove the said trees or shrubs, or such parts thereof as are thus detrimental, dangerous or inconvenient.
Seventh - That if any Monument or any structure whatsoever, or any inscription be placed in, or upon the said lot which shall be determined by the major part of the Trustees for the time being to be offensive or improper, the said Trustees, or the major part of them, shall have the right, and it shall be their duty, to enter upon said land and remove the same.
Eighth - That no assessment of any description shall ever be laid by said Corporation upon said lot.
Ninth - That the Trustees may deed to the city of Lowell such portion of the Cemetery not exceeding five acres, as they may deem advisable, upon the payment of such sum of money as may be agreed upon by them and the city authorities, to be appropriated with all other receipts to the general improvement and care of the Cemetery.
Tenth - The said lot of land shall be holden subject to the provisions contained in an act of the General Court, dated January 23, 1841, and entitled " An Act to incorporate the Proprietors of the Lowell Cemetery."
And the said Proprietors of the Lowell Cemetery do hereby covenant to and with the said Rugy aur his heirs and assigns that they are lawfully seized of the afore- granted premises, and of the ways leading to the same from the highway in fee simple; that they are free from all incumbrances ; that the said Corporation have a right to sell and convey the said premises to the said Rugg for the purposes above expressed ; and that they will warrant and defend the same unto the said
Rugy out his heirs and assigns forever.
IN TESTIMONY WHEREOF, the said Proprietors of the Lowell Cemetery have caused this instrument to be signed by their President and Clerk, and their Common Seal to be hereto affixed, the Twenty Eighth day of Cetaber in the year of our Lord one thousand eight hundred and Fifty Two
Oliver MuWhile President.
Clerk.
1841
DEAD
RAISE
SHALL
Executed and delivered in presence of
- Large L Sea. er
No. 200
linow all Allen by these Presents, That the Proprietors
of the LOWELL CEMETERY in consideration cf Unetmudiede dollars paid to them by drink & Chure of Lowell the receipt of which is hereby acknowledged, do give, grant, bargain, sell and convey to the said Chare and he, heirs and assigns, one lot of land in the Lowell Cemetery, in the County of Middlesex, situated on the way called Markingtin Whenne and numbered
Two hundred andfine on the plan of said Cemetery, drawn by Butterfield & Clark, which plan is in the possession of said Corporation, for inspection by the said grantee he, heirs and assigns at all seasonable times. The said lot of land containing Sur hundreds superficial square feet.
To have and to hold the aforegranted premises unto the said Chare and his heirs and assigns forever ; subject however, to the conditions and limitations, and with the privileges following, to wit : -
First - That thic proprietor of 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 - Thic said lot of land 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 consent of the Trustees of the Corporation.
Third - That the proprietor of said lot shall have the right to crect Stones, Monuments or Sepulchral structures, and to cultivate trees, shrubs and plants in the same.
Fourth - That the proprictor of said lot of land shall keep in repair at his or her own expense, the landmarks of the same, which shall be crccted by the Corporation.
Fifth - That if the landmarks and boundaries of the said lots shall be effaced, so that the said lot cannot with reasonable diligence be found and identified, or if any conflicting claims shall arise between claimants, under. deeds made according to any plan adopted by the Proprietors, the Trustees for the time being may equitably settle the same, or the said Trustees shall set off to the said grantec This heirs and assigns a lot in lieu thereof, in such part of the Cemetery as they shall see fit, and the lot licreby 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 said Trustees for the time being, and they shall have the right, to enter into the said lot and remove the said trees or shrubs, or such parts thereof as are thus detrimental, dangerous or inconvenient.
Seventh - That if any Monument or any structure whatsoever, or any inscription be placed in, or upon the said lot which shall be determined by the major part of the Trustees for the time being to be offensive or improper, the said Trustees, or the major part of them, shall have the right, and it shall be their duty, to enter upon said land and remove the same.
Eighth - That no assessment of any description shall ever be laid by said Corporation upon said lot.
Ninth - That thic Trustecs may deed to the city of Lowell such portion of the Cemetery not exceeding five acres, as they may deem advisable, upon the payment of such sum of money as may be agreed upon by them and the city authorities, to be appropriated with all other receipts to the general improvement and care of the Cemetery.
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