143 



The folloiving is a copy of the agreement made by the Institute, through its 

 Committee of three, vnth the Trustees of the Peabody Fund: — 



" This agreement, made this twenty-nintli day of May, A. D. eigli- 

 teeu liundred and sixty-seven, by and between the Essex Institute, a 

 corporation duly established by law at Salem in the county of Essex 

 and Commonwealth of Massachusetts, party of the first part, and Fran- 

 cis Peabody, Asa Gray, William C. Endicott, Othniel C. Marsh, George 

 Peabody Russell, Henry Wheatland, Abner C. Goodell, jr., James E. 

 Nichols, and Henry C. Perkins, trustees as hereinafter named, parties 

 of the second part, witnesseth, — 



That whereas the said parties of the second part have been ap- 

 pointed trustees under a certain instrument of trust, given by George 

 Peabody, Esq., on the 26th day of February, A. D. eighteen hundred 

 and sixty-seven, for the objects and purposes therein named, and for 

 said purposes are empowered to make arrangements and agreements 

 with the said Essex Institute. 



Now, therefore, it is agreed by and between the parties hereto, in 

 consideration of the foregoing and of the mutual agreements and un- 

 dertakings herein recited, that the scientific collections of the said 

 Essex Institute shall be deposited with said trustees, upon a special, 

 permanent deposit and trust, to be kept by them and their successors 

 forever in the East India Marine Hall, so called, in said city of Salem, 

 or in some other building equally as good, and located in said city ; 

 said scientific collections to be properly cared for and arranged ac- 

 cording to such methods as shall, in the judgment of said trustees, 

 make them most available for the benefit and instruction of the public, 

 and to receive the same attention which the said trustees may give to 

 other collections and specimens of a similar character which they may 

 at any time hold or acquire ; to be labelled with the name and as the 

 collections of the Essex Institute, and catalogued as such; that all 

 specimens similar to those forming the collections now deposited by 

 the Institute, which may hei-eafter be received by the Institute, shall 

 be deposited with said trustees, and shall be by them received and 

 treated in all respects like specimens in the original deposit ; that du- 

 plicates -now embraced, or hereafter to be embraced in said collections, 

 and any specimens which may become duplicate, by the placing of said 

 collections in the same building with other collections of like nature, 

 may be exchanged by said trustees according to the usual custom of 

 exchanges of duplicates ; and all articles and specimens received in 

 exchange therefor shall be labelled and catalogued as aforesaid, and 

 shall be held and kept by the said trustees and their successors for- 

 ever, together with the original deposit of which they shall become a 



