USA > Massachusetts > Middlesex County > Lowell > Lowell Cemetery deeds by year, 1864-1879 > Part 20
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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 sball keep in repair at his or her own expense, the landmarks of the same, wbich sball he 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 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 Trustces 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 Trustces 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 he 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
Kane 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 L'ane for thepurposes above expressed ; and that they will warrant and defend the same unto the said have 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 wanty-eighth day of may in the year of our Lord one thousand eight hundred and Sixty-Deven.
CEMET
1841
THE DEAD
BE RAISE
SHALL
Oliver In. Whipple, President. John Il. Mialvin, Clerk.
Executed and delivered in presence of Bradford Marvel. Reid of Recorded May 28, 1867, 50c; Stamp John I. me alvin, block.
Krace.
$0.937-
Know all Hlen by these Presents, That the Proprietors
of the LOWELL CEMETERY, in consideration of Thirty- one 50/100 dollars paid to them by I. M. Whitney of Lawrence the receipt of which is hereby acknowledged, do give, grant, bargain, sell and convey, to the said Whitney and he's heirs and assigns, one lot of land in the Lowell Cemetery, in the County of Middlesex, situated on the called ofTheward & Oberlin Avenue No. 937 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's heirs and assigns at all seasonable times. The said lot of land containing Two Hundred Seventy superficial square feet.
To have and to hold the afore-granted premises unto the said Whitney 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 cxcceding one foot in thick- ness, 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 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 heing, 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 thns 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 he determined hy the major part of the Trustees for the time heing to be offensive or improper, the said Trustees, or the major part of them, shall have the right, and it shall he their duty, to enter upon said land and remove the same.
Eighth - That no assessment of any description shall ever be laid hy 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 he 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 Whitney 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 incumbranees; that the said Corporation have a right to sell and convey the said premises to the said Whitney for the purposes above expressed; and Whitney his 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, the Thirtieth day of may in the year of our Lord one thousand eight hundred and Sixty-Deven.
1841
RAISED
Olivoi M. Whipple, President. John H. Mialin Clerk.
Executed and delivered in presence of Yes, Gardner. Reid & Recorded may 30, 1864, 50 ct. Rev. Stim/ John El Malvin, black.
Know all Hlen by these Presents. That the Proprietors
Thirty- five dollars paid to them by Willrain & Boardman
of the LOWELL CEMETERY, in consideration of Albert of hurdle the receipt of which is hereby acknowledged, do give, grant, bargain, sell and convey, to the said harties and theirheirs and assigns, one lot of land in the Lowell Cemetery, in the County of Middlesex, situated on the way called Path No. 50 and numbered No. 1174. on the plan of said Cemetery, drawn by Butterfield & Clark, which plan is in the possession of said Corporation, for inspection by the said granteetheer heirs and assigns at all seasonable times. The said lot of land containing Three Hundred superficial square feet.
To have and to hold the afore-granted premises unto the said Upton & Boardman their 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 enelose the same with a wall or fence, not exceeding one foot in thick- ness, 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 elaims shall arise between elaimants, under deeds made according to any plan adopted by the Proprietors, the Trustees for the time being may equitably scttle the same, or the said Trustees shall set 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 trees or shrubs, or such parts thereof as are thus detrimental, dangerous or ineonvenient.
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 execeding five aercs, as they may deen 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 reecipts, 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 Upton of Boardman 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 Upton + Boardman for the purposes above expressed; and that they will warrant and defend the same unto the said Upton't Board man their
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 day of May in the year of our Lord one thousand eight hundred and Ouity-Seven.
1841
RAISED
DEAD
RE
SHALL
Olivoi M. Whipple, President. John ll. M alvin, Clerk.
Yes, Gardner. Executed and delivered in presence of Teo. Rec'd of Recorded May 30.1867, 50 ct. Rev. Stam/2 John El. Mi alvin. blesk.
No. 1211
Know all Men by these Presents, That the Proprietors of the LOWELL CEMETERY, in consideration of Thirty-frie
dollars paid to them by Ann Reed
of Luwell the receipt
of which is hereby acknowledged, do give, grant, bargain, sell and convey, to the said and rerheirs and assigns, one lot of land in the Lowell Cemetery, in the County of Middlesex, situated on the way called Path No. 50. and numbered No. 1211. 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 her heirs and assigns at all seasonable times. The said lot of land containing Three Hundred superficial square feet.
To have and to hold the afore-granted premises unto the said Read her 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 thick- ness, 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
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 he 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 Trustecs may deed to the City of Lowell such portion of the Cemetery not exceeding five acres, as they may deen 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 Reed her 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 Reed for the) purposes above expressed; and that they will warrant and defend the same unto the said Reed her 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 ferk, and their Common Seal to be hereto affixed, the Twelfth day of Chine in the year of our Lord one thousand eight hundred and Sixty-Deven.
CE
ER
1841
RAISE
DEAD
BE
Oliver M. Whipple, President. John IM alvin, Clerk.
Executed and delivered in presence of George Gardner. Recorded June 12.1864. 50 ct. Rev. Stamp. John H M' alvin, block.
No.1208
now all Men by these Presents, That the Proprietors
of the LOWELL CEMETERY, in consideration of Thirty- five dollars paid to them by Thomas G, Stoddard of Lawill the receipt of which is hereby acknowledged, do give, grant, bargain, sell and convey, to the said Goddard and his heirs and assigns, one lot of land in the Lowell Cemetery, in the County of Middlesex, situated on the way called Path No. 58. and numbered
No. 1208. 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's heirs and assigns at all seasonable times. The said lot of land containing Three Hundred superficial square feet. .
To have and to hold the afore-granted premises unto the said Stoddard 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 thick- ness, 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
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 Trustces 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.
Eightlı - That no assessment of any description shall ever be laid by said Corporation upon said lot.
Ninth - That the Trustees inay deed to the City of Lowell such portion of the Cemetery not exceeding five acres, as they may deen 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 Stoddard 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 Stoddard for the purposes above expressed; and that they will warrant and defend the same unto the said Stod dard 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 Fifteenth day of Onine in the year of our Lord one thousand eight hundred and Sixty- Deven!
LL
CEME
ER
T
1841
RAISE
DEAL
D
BE
8
Oliver M. Whipple, President. Arlan Il M'aloin, Clerk.
Executed and delivered in presence of Geo. Gardner. Tardner. Reid & Recorded June 15.1864, 50 ct. Rex. Stam/r. John I. M. alvin, ellerk.
No. 900
Know all Hen by these Presents, That the Proprietors
of the LOWELL CEMETERY, in consideration of (hirty- five dollars paid to them by GeorgeW Bedlom of Lavell the receipt of which is hereby acknowledged, do give, grant, bargain, sell and convey, to the said Medlem and 's heirs and assigns, one lot of land in the Lowell Cemetery, in the County of Middlesex, situated on the way called Howard Avenue and numbered
on the plan of said Cemetery, drawn by Butterfield & Clark, which plan is in the possession of said Corporation, for inspection by the said grantech's heirs and assigns at all seasonable times. The said lot of land containing 300 superficial square feet.
To have and to hold the afore-granted premises unto the said Bedlow 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 thick- ness, 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 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 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 Trustecs shall set 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 Trustces 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 thns detrimental, dangerous or inconvenient.
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