Trustees Records, Vol. 3, 1859 (page 310)

310

said premises by introducing or removing any landmark,
monument, fence or other structure, or any trees, without
the consent of the Board of Trustees for the time being
of the Cemetery. But the said Trustees shall have the
right, at any time, to enter and remove from said
premises, any objects which are incompatible with
this contract, or in their Judgment, detrimental and im-
proper. _

Record of deed to Mary Hemenway _

And the said Proprietors of the Cemetery of Mount
Auburn do hereby covenant to and with the said Mary
Hemenway, her heirs and assigns, that they are lawfully
seized of the aforegranted premises and of the ways leading,
to the same from the highway, in fee simple; that
they are free from all incumbrances; that the Corpor-
ation have a right to sell and convey the said premises
to the said Mary Hemenway for the purposes above Expressed;
and that they will warrant and defend the same
unto the said Mary Hemenway her heirs and assigns
forever. _

And the said Proprietors of the Cemetery of
Mount Auburn do further covenant to and with the said
Mary Hemenway, her heirs and assigns that the basin
and fountain which have been constructed in and upon
said premises, under the authority and at the expense of said
Corporation, shall be kept in repair and said fountain be
kept running so long as the fountain situated in the Lawn (so
called) in said Cemetery shall be kept running: and that
the portion of said premises which is not covered with
said basin, with the gravel walks and grass plats,
as shown upon said plan, shall forever be kept