APPENDIX TO JOURNAL. 405 



and disposed of by them and their successors and assigns, whether 

 under this instrument alone or under any act of incorporation hereafter 

 to be procured, for the perpetual establishment and maintenance of a 

 public gallery and museum for the promotion and encouragement of the 

 arts of painting and sculpture, and the fine arts generally, upon such 

 system and with such regulations aud limitations as the board of trustees 

 may, from time to time, whether corporate or incorporate, prescribe, 

 limit, and ordain : Provided always, That the gallery and museum shall 

 be open to visitors, without any pecuniary charge whatever, at least two 

 days in each week, for such convenient and customary hours as shall be, 

 from time to time, prescribed and made public, and at such other times, 

 not being such public days as aforesaid, such moderate and reasonable 

 fees for admission may be prescribed and received, to be applied to the 

 current expenses of preserving and keeping in proper order the building 

 and its contents. 



Fifthly. While the officers necessary or appropriate to the organization 

 of the board of trustees shall be elected from their own number, it is 

 understood that the board shall and may, at its discretion, at all times, 

 employ other persons to be the officers, agents, and servants of the 

 board, for the orderly and efficient management and conduct of the 

 institution. 



Sixthly. The system and the appropriate measures for increasing the 

 collection pf paintings, statues, and kindred works of art, of which the 

 private gallery of the party of the first part will form the nucleus, and 

 such other voluntary donations as the trustees may from time to time 

 receive, are confided to the direction and judgment of the trustees, as 

 is also the management generally of the institution. 



Seventhly. The general intent of the said party of the first part be- 

 ing expressed in general terms in the premises and recitals of this in- 

 strument, and further indicated, with certain specifications, in the afore- 

 going articles, numbered from one to six, inclusive, it is hereby declared 

 that, all and singular, the gifts, grants, conveyances, and assignments 

 herein expressed and set forth are, to and for the trusts, intents, and 

 purposes so as aforesaid expressed, implied, set forth, or indicated, 

 and to none other whatsoever; and that, while it is the intention 

 of the grantor and donor herein that no unruly, technical, or 

 formal breach of, or departure from, the terms and conditions of this 

 trust shall operate as any forfeiture or defeasance in favor of his heirs, 

 or of auy claiming in his right, it is hereby declared, and thesepresents 

 are upon the express and strict condition, that these presents, and 

 every matter and thing hereinbefore contained, and every estate, 

 right, title, interest, and power thereby given, granted, conveyed, 

 and limited, shall cease and determine, and become utterly void and of 

 no effect,whensoever it sball be decreed, adjudged, or declared, by the 

 highest judicial authority having jurisdiction, upon a proper proceed- 

 ing, in law or in equity, to be instituted by the heirs, devisees, or assigns, 



