USA > Massachusetts > Middlesex County > Lowell > Lowell Cemetery deeds by year, 1851-1864 > Part 6
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To have and to hold the aforegranted premises unto the said E Han gars & Whitten's other 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 sel off to the said grantees there heirs and assigns a lot in heu 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 CHlupgood + Whitten's 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 incumbrances ; that the said Corporation have a right to sell and convey the said premises to the said Ettap govt & Whithere's for the purposes above expressed ; and that they will warrant and defend the same unto the said Ettak good + 11 hilton's 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 Twenty Eighth. day of marche in the year of our Lord one thousand eight hundred and Fifty two
CEMI
THE DE
1841
RAISED
Oliva MWhipple President.
Johnti Ross .. Clerk.
Executed and delivered in presence of
No. 49
Know all Men by these Presents, That the Proprietors
of the LOWELL CEMETERY, in consideration cf Thirty Five ... dollars paid to them by Denel T Chart Westen of Lowell the receipt
of which is hereby acknowledged, do give, grant, bargain, sell and convey to the said Westeni
and then heirs and assigns, one lot of land in the Lowell Cemetery, in the County of Middlesex, situated on the way called bath number Twenty seven and numbered
Forty inne 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 / The heirs and assigns at all seasonable times. The said lot of land containing Three hundred c superficial square feet.
To have and to hold the aforegranted premises unto the said Denek + Charles H& then 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 $ / 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 Denek & Charle, It other 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 Denek + Charle, It for the purposes above expressed ; and that they will warrant and defend the same unto the said Dene K & Charles, It andthen 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 ninth day of april in the year of our Lord one thousand eight hundred and fifty tixe
CEME
TTOMOT
1841
THE
DEAT
BE RAISY
Oliver In White President.
Clerk.
Executed and delivered in presence of heat there
No. 688
Hinow all Men by these Presents, That the Proprietors
of the LOWELL CEMETERY, in consideration cf Thirty filmes dollars paid to them by Charles Way of Lowell - Map of which is hereby acknowledged, do give, grant, bargain, sell and convey to the said tray the receipt 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 One hundred and Eighty Eight 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 au thi, heirs and assigns at all seasonable times. The said lot of land containing There hun die de - superficial square feet.
To have and to hold the aforegranted premises unto the said Hay 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 and has 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 detr.mental, 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 deein 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 Way and 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 -Way for the purposes above expressed ; and that they will warrant and defend the same unto the said way and he 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 Supleenth day of in the year of our Lord one thousand eight hundred and Mince may
Oliver AV Whipple President.
Clerk.
CEALE
1841
DE
Executed and delivered in presence of
No. 489
Know all Alen by these Presents, That the Proprietors
of the LOWELL CEMETERY, in consideration of Thirty Five dollars paid to them by Emma Tweed
of Lowell the receipt
of which is hereby acknowledged, do give, grant, bargain, sell and convey to the said weeds and his heirs and assigns, one lot of land in the Lowell Cemetery, in the County of Middlesex, situated on the way called Washington Unenne) and numbered
Six hundred Eighty mine 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 Ihr, and assigns at all seasonable times. The said lot of land containing Three hundred heirs superficial square feet.
To have and to hold the aforegranted premises unto the said Trends 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 proprictor 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 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 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 Tweed and 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 Ineed. for the purposes above expressed ; and that they will warrant and defend the same unto the said weed 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 Twenty frist day of in the year of our Lord one thousand eight hundred and fifty three
EMET
ER
1841
RA
DEAD
BE
SHALL
Chron In Waffle president.
Clerk.
Executed and delivered in presence of
charge L. Genung
No. 1094
Kinow all Allen by these Presents, That the Proprietors
of the LOWELL CEMETERY, in consideration of Thirty Five dollars paid to them by John a Mordy
of Lowell the receipt of which is hereby acknowledged, do give, grant, bargain, sell and convey to the said & Ncordy and his heirs and assigns, one lot of land in the Lowell Cemetery, in the County of Middlesex, situated on the way called Fatto nunde. Sixty Seven
and numbered Ten hunched and ninety for 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 This 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 Moody authis 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 trees, shrubs and plants in the sanie.
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 erected 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 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 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 trecs 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 Merady authis 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 Meandry 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 Lowell Cemetery have caused this instrument to be signed by their President and Clerk, and their Common Seal to be hereto affixed, thetenth day of in the year of our Lord one thousand eight hundred and threes
Oliver No Whipple President.
Clerk.
THE
1841
DEAD
R
RE
Executed and delivered in presence of
Send Jewer
No. 144
Know all Men by these Presents, That the Proprietors
of the LOWELL CEMETERY, in consideration cf of Thirty Five dollars paid to them by Hed beuraus Lamell the receipt
of which is hereby acknowledged, do give, grant, bargain, sell and convey to the said Saurons and his heirs and assigns, one lot of land in the Lowell Cemetery, in the County of Middlesex, situated on the way called Path number Twenty five and numbered One hundred and dirty low 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 This heirs and assigns at all seasonable times. The said lot of land containing
Three hunched- superficial square feet.
To have and to hold the aforegranted premises unto the said Sevres aurhis 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 Mis 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.
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