Mount Auburn Cemetery

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Trustees _ Adj^d Meeting _ Jan.y 26, 1863.

An adjourned meeting of the Trustees was held on Monday, January 26, 1863, at 10 o'clock a.m. ~

Present Messrs Austin, Bigelow, Cheever, Crocker, Curtis, Little, Nazro, Rand and Read.

The record of the last meeting was read. _

Report of Com. on Grounds of

The President for the Committee on Grounds reported that the Committee had made a contract with Mrs Mary Hemenway for the construction of a Fountain near Thistle Path, in the words following, to wit:

Contract with Mrs Hemenway, for Construction of Fountains

"Boston, January 24. 1863. _

" The following agreement is this day made between " the Proprietors of the Cemetery of Mount Auburn, of the " first part, and Mrs Mary Hemenway of Boston, of the second part: _

" The said Proprietors will convey to the " said Mary Hemenway, in trust, and to be forever kept " open and without interments, a tract or parcel of " land in the Cemetery of Mount Auburn, situated and " bounded as follows, _ as shown on a plan of the " same herewith annexed, made by Shedd and Edson; " Beginning at a point in Thistle Path, opposite Cac- " tus Path, thence running westerly by said Thistle Path " to Cistus Path, thence southerly by Cistus path to Cow- " slip Path, thence easterly by Cowslip path to Cactus path, " thence northerly by Cactus path to the point of beginning. _ " the paths being excluded, and the whole consisting

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to same, and their Release of Claim to certain lands _

"Boston January 19, 1863. Office of H. W. Fuller, U.S. Court House. _

The Committee of the Horticultural Society appointed to consider the proposition for the establishment of a new fountain opposite Mrs Hemenway's lot near Thistle Path, in Mt Auburn Cemetery _ (consisting of Charles M. Hovey, Marshall P. Wilder and H. W. Fuller) met this day at the office of said Fuller _ all being present; and after a full examination of the matter, and explanations had, it was by them unanimously _

' Voted _ that this Committee do approve ' of the plan for a new fountain on the bog land ' near Thistle Path, in Mount Auburn Cemetery, as ' explained by Doct. Bigelow, and do agree, in behalf ' of said Society, that they will relinquish for the purpose, ' all the right which they may have to any part of the ' proceeds of the following described parcel of land ' devoted thereto, and to be conveyed therefor, and for orna' mental purposes _ to wit _ Beginning at a point on ' Thistle Path, opposite Cactus Path, thence running ' westerly by said Thistle Path to Cistus Path; thence ' Southerly by Cistus Path to Cowslip Path; thence easterly ' by Cowslip Path to Cactus Path; thence northerly by Cactus ' Path to the point of beginning (exclusive of paths) contain' ing fifteen thousand two hundred and five (15,205) square ' feet, be the same more or less.

Attest H. W. Fuller, Sec.t.y ~ "

On motion of Mr Read, Voted that the foregoing report be accepted and the contract

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Deed to Mary Hemenway.

Know all men by these presents, that the Proprietors of the Cemetery of Mount Auburn, in consideration of six thousand dollars, paid to them by Mary Hemenway, wife of Augustus Hemenway, of Boston, in the county of Suffolk, and commonwealth of Massachusetts, the receipt whereof is hereby acknowledged, do hereby grant, bargain, sell and convey to the said Mary Hemenway and her heirs and assigns, a certain piece of land in the Cemetery of Mount Auburn, situated, bounded and measuring as follows, (as shown upon a plan of land made by Shedd and Edson, a copy whereof is hereto annexed; _ Beginning on the westerly side of Cactus Path, at the intersection of the same with Thistle Path, thence running westwardly by said Thistle Path to Cistus Path, thence southwardly by said Cistus Path to Cowslip Path, thence eastwardly by Cowslip Path to Cactus Path, thence northwardly by Cactus Path to the point of beginning,) containing fifteen thousand two hundred and five (15,205) square feet, more or less.

To have and to hold the aforegranted premises unto the said Mary Hemenway, her heirs and assiged forever, for ornamental purposes, upon the following conditions; viz.

First: That no part of said premises shall ever be used as a place for burial for the dead: but the whole of said premises shall forever remain as a part of the open grounds of the Cemetery: _

Second: That no alterations shall be made in