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1836, and recorded in the Clerk's office of Cayuga County, the second day of September, 1836, in Book 53 of Deeds, at page 232; and the said Thomas Y. How, Jr., as to the rest of the premises hereby intended to be conveyed, covenant and agree to and with the said parties of the second part, and their successors in office, that they, the said parties of the first part, are the true and lawful owners of the premises above described, in fee simple; that the same are free from all incumbrances; and that they have in themselves good right, full power, and lawful authority to grant and convey the same as a free, clear and absolute estate in fee simple to the said parties of the second part, and their successors in office; and that the said premises, above described, in the quiet and peaceable possession of the said parties of the second part and their successors in office, they, the said parties of the first part, will forever warrant and defend against all and every persons or person whomsoever lawfully claiming or to claim the same.

"And the said parties of the second part, as such Trustees as aforesaid, for themselves and for their successors in office, do agree with the said parties of the first part, their heirs and assigns, that they will hold and keep the said premises hereby intended to be conveyed, as and for a Cemetery or place to be used exclusively

C

for the burial of the dead; and that they will, as soon as in the judgment of the said Trustees the number of the members of the said corporation shall render it safe and proper, with regard to the ability of the said corporation so to do, proceed to improve the said premises, by fencing and grading the ground, and laying out the same into lots, and otherwise preparing it for use for the purpose contemplated. And it is further covenanted and agreed, by and between the parties hereto, that the grounds of the said Cemetery, not required for avenues, roads, paths, alleys and walks, and for other purposes of arrangement and use, and for burials, with the consent of the Trustees, by persons not being owners of lots therein, shall be laid out, the entire grounds at one time or in parcels, in the discretion of the Trustees, in lots of a size not to exceed twenty feet square, none of which shall be sold by the said Trustees at a price less than at the rate of forty dollars for every twenty feet square, without the consent, in writing, of the said parties of the first part, their heirs or assigns. And it is further understood, covenanted and agreed, by and between the parties hereto, that after the said Trustees shall have sold lots in the said Cemetery, the prices of which shall in the aggregate amount to the sum of five thousand dollars, the avails of the lots, to the number of fourteen hundred next thereafter

DEED AND COVENANT.

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sold, shall be apportioned and divided between the parties hereto in the ratio following, to wit: seventy per cent. thereof shall be paid to the said parties of the first part, an equal moiety to each, or to the legal representatives or assigns of each, upon demand, as the same is collected by the said parties of the second part, or their successors in office, from time to time, whenever the sum received by the said Trustees, or their successors, for the sale of the said fourteen hundred lots, or any part thereof, shall amount to two hundred dollars; which payment of seventy per cent. upon the amount for which the said fourteen hundred lots shall be sold, is the full and entire consideration to be paid to the said parties of the first part, for the land hereby intended to be conveyed.

"And it is further mutually covenanted and agreed, by and between the parties hereto, and it is hereby expressly declared, that this deed is not to be construed, or held to be in any way conditional, by or on account of any covenants herein contained, but that the same is intended to be a full, entire and complete conveyance of the premises herein described, to the said parties of the second part, and their successors in office forever.

"IN WITNESS Whereof, the said parties of the first part have hereunto set their hands and seals, and the said parties of the second part have caused the signatures of their President and Treasu

rer, and their Corporate seal, to be hereunto affixed, the day and year first above written.*"

*This Deed was duly executed and acknowledged by the grantors, and by the President and Treasurer of the Cemetery Association, and recorded in the office of the Clerk of the County of Cayuga, in Book No. 82 of deeds, at page 454.

The Dedication.

On the seventh day of July, A. D. 1852, the Cemetery Grounds were formally dedicated, in the presence of a large concourse of people, to the purposes of Christian Burial. The exercises consisted of an introductory address, by M. S. Myers, Esq., President of the Association; the singing of an introductory ode, composed by Henry Oliphant, Esq.; the reading of selected passages of Scripture by the Rev. W. R. G. Mellen; a prayer by the Rev. W. P. Pattison; the reading of an apostrophe to Fort Hill, (author unknown) by the Rev. W. R. G. Mellen; the singing of a Consecratory Ode, composed by the Rev. J. M. Austin; the Dedicatory Address, by the Rev. Dr. Laurens P. Hickok; the singing of a Hymn, composed by the Rev. Dr. Henry Mills; and the invocation of Benediction by Rev. H. A. Nelson. They were reported as follows:

INTRODUCTORY ADDRESS.

[BY M. S. MYERS, ESQ.]

We have met, friends and fellow citizens, for the purpose of taking a step towards the consum