USA > Massachusetts > Middlesex County > Lowell > Lowell Cemetery deeds by year, 1864-1879 > Part 47
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To have and to hold the afore-granted premises unto the said Emerson 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 Trustecs of the Corporation.
Third - That the proprietor of said lot shall have the right to erect Stones, Monuments or Sepnichral 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 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 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 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 Jannary 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 Emerson 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 Emerson for thepurposes above expressed; and that they will warrant and defend the same unto the said merson 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 Clerk, and their Common Seal to be hereto affixed, the Twenty-ninth day of October in the year of our Lord one thousand eight hundred and Seventy.
Willian A. Burke President. FRY John El. Mialvin" 1841 Clerk. 50 ct. Rev. Han/. DEAD BE SHALL FRAISEI Samuel A. M. Photos Executed and delivered in presence of Recorded Get. 29,1870, Johan El Mialuni. block.
4.
NO.3 B
Know all Men by these Presents, That the Proprietors
of the LOWELL CEMETERY, in consideration of One Hundred Seventy dollars paid to them by Ultramar A. Beard of Lowele the receipt of which is hereby acknowledged, do give, grant, bargain, sell and convey, to the said Beard and fus 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. 3 B 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 frus heirs and assigns at all seasonable times. The said lot of land containing superficial square feet.
To have and to hold the afore-granted premises unto the said Beard his heirs and assigns forever; subject, however, to the conditions and limitations, and with the privileges following, to wit :-
First- That the proprictor 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 samc.
Eighth - That no assessment of any description shall ever be laid by said Corporation upon said lot.
Ninth - That the Trustces 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
Beard 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 Beard for the purposes above expressed; and that they will warrant and defend the same unto the said Beard Luis
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 Fowith day of November in the year of our Lord one thousand eight hundred and Seventy .
CE
1841
THE
DEAD
B
SHALL
Willeción A. Burke President. Dobri El Mialini Clerk. 50 c; Rev. Stamp
Executed and delivered in presence of Samuel A. M. Phatres Recorded Nov. 4. 1870. John El. Mi alvin block.
Space adj Lol f . W. Pearson. 1382.
Know all Men by these Presents That the Proprietors of the LOWELL CEMETERY, in consideration of One Hundred Seventy fivedollars paid to them by George W. Pearson of Loudle the receipt of which is hereby acknowledged, do give, grant, bargain, sell and convey, to the said andh heirs and assigns, one lot of dand in the Lowell Cemetery, in the County of Middlesex, situated on the way called Oberlin Avenue, at the and numbered
carson Corner of Howard Av. on the plan of said Cemetery, drawn by Butterfield,& Clark, which plad is in the possession of said Corporation, for inspection by the said grantee h, heirs and assigns at all seasonable times. The said lot of land containing superficial square feet.
To have and to hold the afore-granted premises unto the said Pearson 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 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 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 he 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 hy 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 carson 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 carson
ca for the purposes above expressed; and that they will warrant and defend the same unto the said heirs and assigns forever.
Pearson his
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 13 the day of Jebij in the year of our Lord one thousand eight hundred and
ER
OT
1841
RAISED
EAD SHALL
Willian A. Burke President.
Clerk. 50 c. Mar. Scampi.
Executed and delivered in presence of S. A. M. Pheles.
Recorded Fiebig 13. 1871. Phil, Malina Clark.
france adj.
No. 1381.
Know all Men by these Presents, That the Proprietors
of the LOWELL CEMETERY, in consideration of One Hundred Seventy five dollars
paid to them by Peder Anderson of Lowdle the receipt of which is hereby acknowledged, do give, grant, bargain, sell and convey, to the said Anderson andfus 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 wumbored
adj. 1381. 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 300 superficial square feet.
To have and to hold the afore-granted premises unto the said Anderson 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 Sepnlchral structures, and to cultivate trees, shrubs and plants, in the same.
Fourtb - That the proprietor of said lot of land sball keep in repair at his or her own expense, the landmarks of the same, which 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, aud 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 hy said Corporation upon said lot.
Niuth - 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 Anderson 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 Anderson for the purposes above expresged; and that they will warrant and defend the same unto the said Anderson 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 2/21-4 in the year of our Lord one thousand eight hundred and wenty More by
CEME
TERY
T THE DEAD
1841
RAISE
RE
Willian A. Burke, President. ₡lerh. 50 de lov. Itam /v.
Executed and delivered in presence of Samuel A. M. Phatres.
Recorde Feliz 21. 1871. fluid Maloni block L. C.
No. 5747
Know all Den by these Presents, That the Proprietors
of the LOWELL CEMETERY in consideration of Exchange. -dollars paid to them by Mary E. Way, Widow of Lowell the receipt May of which is hereby acknowledged do give, grant, bargain, sell and convey, to the said andher heirs and assigns, one lot of land in the Lowell Cemetery, in the County of Middlesex, situated on the way called Franklui Avenue and numbered
No. 5yet. 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 superficial square feet.
To have and to hold the afore-granted premises unto the said Way 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 Trustces 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 npon 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 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
Way 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 incumbranges; that the said Corporation have a right to sell and convey the said premises to the said (Nay her for the purposes above expressed; and that they will warrant and defend the same unto the said May hew 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 Fifth day of January in the year of our Lord one thousand eight hundred and Seventy-und.
1841
RAISE
DEAD
SHALL BE
Allain A. Burke President. Juhu El Mialoni Clerk. 50 d. Mar. I Campo.
Executed and delivered in presence of Janil a. M& Phobies. Recuer Jan. 5.1871. Jahrich bi alvani black.
No. 8. JA.
Know all Men by these Presents. That the Proprietors of the LOWELL CEMETERY, in consideration of One Hundred Seventy five dollars paid to them by Mr. F. Brigham of Lowell the receipt of which is hereby acknowledged, do give, grant, bargain, sell and convey, to the said Brigham and his heirs and assigns, one lot of land in the Lowell Cemetery, in the County of Middlesex, situated on the way called Lincoln Avenue and numbered
No. 8. A. 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 's heirs and assigns at all seasonable times. The said lot of land containing superficial square feet.
To have and to hold the afore-granted premises unto the said Brigham 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 cffaced, 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.
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