Mount Auburn Cemetery

1

Commonwealth of Massachusetts

In the year of our Lord, One thousand eight hundred and thirty-five

An Act to incorporate the Proprietors of the Cemetery of Mount Auburn.

Section 1^st. Be it enacted by the Senate and House of Representatives in General Court assembled and by the authority of the same, That Joseph Story, John Davis, Jacob Bigelow, Isaac Parker, George Bond, and Charles P Curtis, together with such other persons as are Proprietors of Lots in the Cemetery at Mount Auburn in the towns of Cambridge and Watertown in the County of Middlesex, and who shall in writing signify their assent to this Act, their successors and assigns be, and they hereby are created a Corporation by the name of the Proprietors of the Cemetery of Mount Auburn, and they shall have all the powers and privileges contained in the Statute of the year One thousand eight hundred and thirty three. Chapter Eighty three.

Section 2^nd. Be it further enacted, That the said Corporation may take and hold in fee simple the Garden and Cemetery at Mount Auburn, now held by the Massachusetts Horticultural Society, and any other lands adjacent thereto, not exceeding fifty acres in addition to said Garden and Cemetery upon the same trusts and for the same purposes and with the same powers and privileges as the said Massachusetts Horticultural Society now hold the same by virtue of the Statute of the year One thousand eight hundred and thirty one, Chapter Sixty nine; and may also take and hold any personal estate not exceeding in value, Fifty thousand Dollars to be applied to purposes connected with and appropriate to the objects of said establishment.

214

Proprietors. Special. 1851.

Pursuant to the foregoing notice which was published in the Boston Daily Advertiser ^ ^{a newspaper printed in Boston} more than seven days in succession before the said time of meeting, the Proprietors of the Cemetery of Mount Auburn met at the time and place designated in said notice. A quorum having assembled the President Dr. Bigelow took the chair. The President stated the object of this special meeting, and called upon the Secretary to produce a certified copy of the Act referred to in the notice. The Secretary did so, and read the same aloud. The following is a copy -

Additional Act. Copy of

Commonwealth of Massachusetts. In the year one thousand eight hundred and fifty.

An Act in addition to "An Act to incorporate the proprietors of the Cemetery of Mount Auburn"

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same; as follows -

The corporation known as the Proprietors of the Cemetery of Mount Auburn, may purchase and hold in fee sim- ple or otherwise, any real estate, or any interest in any real estate, situate and lying in the towns of Cambridge and Watertown, in the County of Middlesex anything in the Act of this Legislature passed March thirty first A.D. eighteen hundred and thirty five entitled "An Act to incorporate the proprietors of the Cemetery of Mount Auburn" to the contrary notwithstanding; Provided always , that such real estate by the said corporation so purchased holden and possessed as aforesaid, under the provisions of

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Notice of application to Legislature for Extension of Charter _

The Secretary read the notice, signed by the President, of an application to the next General court of this Commonwealth for such alteration of the Charter of this Corporation as will extend over it the provisions, of Chapter 28 of the General Statutes in relation to the amount of real and personal estate that may be held by this Corporation.

President & Secretary a Com^ee to secure same _

Voted that such application be hereby approved, and that the President and Secretary be appointed a Com^ee to secure the passage of the proper act therefor.

Sup^t authorized to construct storehouse for plants _ not to Exceed $400 _

Voted that the Superintendent be authorized to construct a storehouse for plants in the Garden adjacent to the Greenhouse, as proposed by him in his letter of their date, at an expense not exceeding four hundred dollars. _

Contract for Perpet^l Repair Lots 799 & 800 _

The Secretary stated that the Committee on Lots had contracted with the Trustees under the will of the late William F. Whitney, prop^r of lots numbered (799 and 800) seven hundred ninety nine and Eight hundred for the perpetual care of said lots on payment of four hundred and fifty dollars.

And it was

Voted that said contract be confirmed.

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Amendment of the Charter _

J. Thomas Stevenson Esq., and a further amendment by J.M. Wightman Esq. _

After discussion of the same, said amendments were withdrawn to allow the original mover to embody the whole in a new motion, incorporating said amendments, which he submitted _ as follows, and the same was adopted.

Trustees requested to prepare amend^t

"That the Trustees of this Corporation be requested to prepare an amendment of the Charter relating to the election of trustees, with a view to obtain an enactment of the same by the General Court of this Commonwealth, and that they submit such proposed amendment to the Proprietors for their previous action thereon at an adjournment of this meeting to be held in this place two weeks from this day, at half past three o'clock p.m. " _

Secretary to notify adjourned meeting _ & send to members the proposed amendments _

On motion by J. Thos. Stevenson Esq.

Voted that the Secretary be instructed to notify the Proprietors of the adjourned meeting by printed notice sent to each of them at least two days before the time to which this meeting is adjourned, together with a copy of the proposed amendment.

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Trustees _ Feby. 6, 1869 _

Report on Amend^t of Charter continued _

different times, been unsuccessfully made to supersede the existing board, by a new and less experienced body.

It is apprehended by many proprietors that the funds designed for the preservation and improvement of the Cemetery have now become so large as to tempt the cupidity of improper and irresponsible persons. At the same time the largely increased number of proprietors affords a greater opportunity than heretofore for clandestine and revolutionary movements.

The Trustees, therefore, in obedience to the instructions of the Proprietors, at their annual meeting, report recommend:

That a petition be presented to the Legislature for an amendment to the act of incorporation to the following effect, to wit:

Act of Amendment _

____ An Act in addition to an Act to Incorporate the Proprietors of the Cemetery of Mount Auburn. ____

Be it enacted by the Senate and House of Representatives, in General Court assembled and by the authority of the same, as follows:

Sect. 1. The authority conferred upon any cemetery corporation organized under the General Statutes (Chap 28. Sec 2) to take and hold so much real and personal estate as may be necessary for the objects of its organization, be and hereby is rested in the Proprietors of the Cemetery of Mount Auburn.

Sec 2. No Member of the said corporation shall in his individual right be entitled to more than one vote.