USA > Massachusetts > Middlesex County > Lowell > Lowell Cemetery deeds by year, 1864-1879 > Part 23
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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 Trustecs 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 trecs or shrubs, or such parts thercof 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 Trustces, 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 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 deen 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 Traves 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 Graves for the purposes above expressed ; and that they will warrant and defend the same unto the said graves 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 Thirteenth day of efter les in the year of our Lord one thousand eight hundred and Sixty-Seven!
CE
1841
RAISED
DEÀ
AD
BE
SHALL
Clever In. Whipple President.
Clerk.
Executed and delivered in presence of Bradford marvel. Recorded Jefl. 13.1864, 50 ct. Rov, Star / John El, calvin, block.
No. 895
now all Men by these Presents, That the Proprietors of the LOWELL CEMETERY, in consideration of Thirty five dollars paid to them by Stephen P. Sargent of Chowale the receipt of which is hereby acknowledged, do give, grant, bargain, sell and convey, to the said Sargent andfusheirs and assigns, one lot of land in the Lowell Cemetery, in the County of Middlesex, situated on the way called Path No. 40. and numbered
No. 895 on the plan of said Cemetery, drawn by Butterfield & Clark, which plan is in the possession of said Corporation, for inspection by the said grantedhe'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 Sargent 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 thiek- 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 eultivate 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 eannot with reasonable diligence be found and identified, or if any conflicting claims 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 heirs and assigns a lot in lien 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 decm 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 Aet to ineorporate the Proprietors of the Lowell Cemetery."
(And the said Proprietors of the Lowell Cemetery do hereby covenant to and with the said C argent 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 Sargent for the purposes above Expressed; and that they will warrant and defend the same unto the said Sargent 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 Seventeenth day of ertember in the year of our Lord one thousand eight hundred and Sixty-seven.
CEMET
1841
RAISED
D
RE
SHALL
Oliver m. Whipple President. John Il M'alui Clerk.
Executed and delivered in presence of. Bradford Marvel Recorded Sept. 17,1864, 50 c. Rev. Stamp. John H. M alvin, block.
No.1212
Know all Hlen by these Presents, That the Proprietors
of the LOWELL CEMETERY, in consideration of Thirty- five dollars paid to them by Horace Ela
of Lowale the receipt of which is hereby acknowledged, do give, grant, bargain, sell and convey, to the said Ela andhis heirs and assigns, one lot of land in the Lovell Cemetery, in the County of Middlesex, situated on the way called Path No. 50 and numbered No. 1212 on the plan of said Cemetery, drawn by Butterfield & Clark, which plan is in the possession of said Corporation, for inspection by the gaid 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 afore-granted premises unto the said Ela Ris
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 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.
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 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."
C And the said Proprietors of the Lowell Cemetery do hereby covenant to and with the said ala 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 Ela for the purposes above expressed ; and that they will warrant and defend the same unto the said ala 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 Seventeenth day of efter be in the year of our Lord one thousand eight hundred and Sixty-Deven.
CE
1841
R
Oliver m. Whipple President.
DEAD
Clerk.
Executed and delivered in presence of Bradford Marvel Recorded Sept. 17.1867, 50 ct. Res. I tam/. John El, m'aloni, black.
No. 1005-
Know all Men by these Presents, That the Proprietors
of the LOWELL CEMETERY, in consideration of Thirty-five dollars paid to them by Samuel J. Manahan of howle the receipt · of which is hereby acknowledged, do give, grant, bargain, sell and convey, to the said Mania han 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 No. 1005 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 huis 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 Manahan 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 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 elaims 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 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 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 he 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 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 Mana han 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 Manahan for the purposes above expressed ; and that they will warrant and defend the same unto the said Manahan 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 Clerky, and their Common Seal to be hereto affixed, the wenty-fifth day of September in the year of our Lord one thousand eight hundred and Sixty- Seven.
LL
CEMET
MERS
1841
E RAISE
EAD
SHALL
Oliver M. Whipple; President. John El. M. alvin, Clerk.
Executed and delivered in presence of Geo Gardner. Recorded Left: 25,18/4, 50 ct. Rev. Stamp. John Il M'aloni, black.
No. 1594
Know all Hlen by these Presents. That the Proprietors Thirty-five
of the LOWELL CEMETERY, in consideration of dollars paid to them by C. B. Y S. F. Stanton the receipt of Lovele Sautons
of which is hereby acknowledged, do give, grant, bargain, sell and convey, to the said and the heirs and assigns, one lot of land in the Lowell Cemetery, in the County of Middlesex, situated on the way called Path No. 48. and numbered No. 1594 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 the 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 Stanton's 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 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 eut 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 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 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 he 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 samc.
Eightlı - 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 inay 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 Aet to incorporate the Proprietors of the Lowell Cemetery."
And the said Proprietors of the Lowell Cemetery do hereby covenant to and with the said Stanton's their 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 Stanton for the purposes above expressed; and Stanton's their 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 Twenty Second day of October in the year of our Lord one thousand eight hundred and Sixty-Deven.
LL
CEMET
IM
RX
1841
RAIS
DEAD
BE
Oliver m. Whipple, President. John El. Mi alvin Clerk.
Executed and delivered in presence of Geo. Gardner. Recorded Oct. 22,1864, 50 c. Rev. Stamp. John Il Mialoni, block.
No. 130
Know all Den by these Presents, That the Proprietors
of the LOWELL CEMETERY, in consideration of Thirty-five dollars paid to them by Anson Lawere of Lavell the receipt of which is hereby acknowledged, do give, grant, bargain, sell and convey, to the said Lamere andhis heirs and assigns, one lot of land in the Lowell Cemetery, in the County of Middlesex, situated on the way called Path No. 17. and numbered
130 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 hus heirs and assigns at all seasonable times. The said lot of land containing 3 00 superficial square feet.
To have and to hold the afore-granted premises unto the said Lamere 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 fenee, 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 eut 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 Sepulchral structures, and to enltivate 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 sball 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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