Trustees Records, Vol. 1, 1835 (page 004)

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4

Garden and Cemetery, or shall shoot or discharge any gun or
other fire-arm within the said limits, shall be deemed guilty of
a misdemeanor, and shall, upon conviction thereof before any
Justice of the Peace or other Court of competent jurisdiction within
the County of Middlesex, be punished by a fine not less than
five dollars nor more than fifty dollars, according to the nature
and aggravation of the offence; and such offender shall also be
liable, in an action of trespass to be brought against him in any
Count of competent jurisdiction in the name of the Proprietors of
the Cemetery of Mount Auburn, to pay all such damages as
shall have been occasioned by his unlawful act or acts, which
money when recovered shall be applied by the said Corporation
under the direction of the Board of Trustees to the reparation and
restoration of the property destroyed or injured as above, and members
of the said Corporation shall be competent witnesses in such suits.

Section 8th. Be it further enacted, That the Lots in said
Cemetery shall be indivisible, and upon the death of any Proprietor of
any Lot in the said Cemetery, containing not less than three hundred
square feet, the devisee of such Lot, or the heir at law, as the case
may be, shall be entitled to all the privileges of membership as aforesaid,
and if there be more than one devisee or heir at law of each Lot, the
Board of Trustees for the time being shall designate, which of the
said devisees or heirs at Law shall represent the said Lot, and vote
in the meetings of the Corporation, which designation shall continue
in force, until by death, removal or other sufficient cause, another
designation shall become necessary, and in making such designation
the Trustees shall, as far as they conveniently may, give the preference to
males over females, and to proximity of blood and priority of age having
due regard, however, to proximity of residence.

Notes and Questions

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Thom Burns

Interesting Note: Section 8 specifically notes that when choosing a succeeding lot proprietor, that they could "preference to males over females."