(331) 
» . situate in the 9th Ward of the City of New York known 
by the name of the Botanic Garden and lately conveyed to 
the People &c. by David Hosack, be and the same is hereby 
granied to and vested in the Trustees of Columbia College; 
but this grant is made upon the express condition that the 
college establishment shall be removed to the said tract of 
land hereby granted, or to lands adjacent thereto, within 
twelve years from this time.” 
The seventh section directed that 
‘« The Trustees of the College, within 3 months shall trans- 
mit to the trustees of the other colleges of the State a list of 
the different kinds of plants, flowers and shrubs in the said 
garden, and within one year thereafter deliver at the said 
garden, if required, at least one healthy exotic flower, shrub 
or plant of each kind of which they shall have more than one 
at the time of application, together with the jar or vessel con- 
taining the same, to the trustees of each of the other colleges 
who shall apply therefor.” 
There are no other conditions in the act. The grant is not 
of a botanical garden to be maintained as such. Wad that 
been the intention, it would have been so declared in the act, 
as was done in the direction to the regents in the act of 1810 
(ante, p. 327). By the latter act the state reserved the right to 
dispose of the grounds as it should see fit; and by the act of 
1814, it granted them to Columbia, upon no other condition 
than that of removal, as required by the above § 6. 
The obligation to distribute duplicates of exotic plants to 
other colleges that might apply for them, was not a condition 
of the grant; and though it imposed an obligation to preserve 
such duplicates for a year after notice to the colleges, it did 
not require their preservation in any particular place; still 
less to perpetuate a botanical garden; and after the expira- 
tion of the year, no duty whatsoever under § 7 remained, if the 
duplicates were delivered, or not applied for. This very pro- 
vision for the distribution of exotic duplicates, seems to con- 
template the speedy discontinuance of the garden as a 
botanical institution, and the dispersal of its most valuable 
plants. Considering the great financial needs of the college 
as set forth in its petition of 1814,* and that the maintenance 
* Hist. Columbia Un., 100. 1904. 
