Bocuments IRelattna to Gbe trustees of tbc Xenoy library.
XIV. ACT OF INCORPORATION AS AMENDED. An Act to Incorporate The Trustees of the Lenox
Library.*
Passed, 20 January, 1870;
Laws Of 1870, Chapter 2. Amended, 19 March, 1892; Laws Of 1892, Chapter 166.
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section i. James Lenox, William H. Aspinwall, Hamilton Fish, Robert Ray, Alexander Van Rensselaer, Daniel Huntington, John Fisher Sheafe, James Donaldson, and Aaron B. Belknap, and their successors, are hereby created and declared to be a body corporate by the name and style of "The Trustees of the Lenox Library ", by which name they and their successors may sue and be sued, plead and be impleaded, contract and be contracted with, and be known in all courts and places whatever; and may also have a common seal, and alter the same at pleasure.
Election ii. The direction and management of the affairs of the said Corporation, and the control and disposal of its property and funds shall be vested in the said trustees and their successors. The number of such trustees shall be nine, but the trustees may, by a two-thirds vote of those present at any regular meeting, increase the same to a number not exceeding twentyfour. The said Trustees are hereby empowered:
* The Amended portions of the Act are here printed in Italic Type.
1. To receive from the said James Lenox, his collection of manuscripts, printed books, engravings, and maps, statuary, paintings, drawings, and other works of art; also, the sum of Three hundred thousand Dollars, to be used for the establishment of a public library in the City of New York, and such real estate as he may convey for a site for the same in the Nineteenth ward of the said city in the vicinity of Central Park; which site, with its appurtenances, the said Corporation is hereby empowered to take and hold in fee simple for the purposes of the said library, and to be applied and used in connection with the same, and for no other purpose.
2. To expend a portion not exceeding two-thirds of such sum above referred to, in erecting upon the said site a building suitable for a public library, and in the purchase of furniture and other things appertaining to a library for general use.
3. To invest the residue of said. sum for maintaining and gradually increasing the said library; and to defray the necessary expenses of taking care of the same, and of the accommodation of persons consulting the library; and in case the income of the fund shall, at any time, exceed the amount which the said Trustees may find useful to expend for the purposes above named and particularized, then to expend such surplus in procuring public lectures to be delivered in connection with the library upon useful subjects of Science, History, Literature and the Fine Arts; or in promoting in any other mode the objects of the institution as above expressed; or, if it become necessary, in increasing the capacity of the building.
4. To direct the expenditure of the funds, and the investment, safe-keeping and management thereof, and of the property and effects of the said corporation; also to make such ordinances and regulations, from time to time, as the trustees may think proper for the good order and convenience of those who may resort to the library, or use the same; to make such By-Laws as may be necessary and convenient in conducting the business of the said corporation; to appoint, direct, control, and at their pleasure remove a superintendent of the library and all librarians and other persons necessary to be employed about the same;
and in general, to have and use all powers and authority necessary for promoting the objects of the institution.
Section iii. The library shall be accessible at all reasonable hours during the day, for general use, free of expense to persons resorting thereto, subject only to such control and regulations as the said trustees, from time to time, may exercise and establish for general convenience.
Section it). All investments of the funds of the said corporation shall be made in bonds secured by mortgage of productive real estate in the cities of New York and Brooklyn, or in the public debt of the United States, or of the State of New York, or of the cities of New York or Brooklyn, or portions thereof in any of these ways; except that, in the investment in said public debts, preference shall be given according to the order in which they are hereinabove named.
Section V. The said corporation shall be subject to the visitation of the Supreme Court of this State for the purpose of preventing any mismanagement, waste or breach of trust.
Section Bi. At the first regular meeting held after the passage of this act * the trustees shall fix the time for an annual election of trustees. They shall also, by lot or otherwise, divide themselves into three equal classes; the trustees who shall be in the first class shall serve until, their terms of office shall cease and determine at the first annual election appointed to be held thereafter; those in the second class shall serve for one year longer, and those in the third class for two years longer, when their terms of office shall also cease and determine. At each annual election one-third of the full number of trustees shall be elected to serve for three years. At the same time the trustees shall elect one of their number to preside over the Board, who shall hold office for one year. Any vacancy in the number of trustees occurring from any cause may be filled at any time by a vote of two-thirds of the remaining trustees.
The trustees may appoint and at any time remove a secretary and any other officers whom their business may require. The acts of a majority of the trustees at any meeting duly notified according to the By-Laws shall be valid. The trustees shall not receive any compensation for their services except that if any one of their number shall at any time be superintendent he may receive compensation as such.
* The amendatory act, passed 19 March, 1892.
Section nii. The said corporation may take and hold any additional donations, grants, devises or bequests, subject to all the provisions of the law relating to devises or bequests by last will and testament, which may be made in further support of the said library and its collections, or of the lectures on literary and scientific objects connected therewith.
StCtion Dili. The property, real and personal, of the said corporation, shall be exempt from taxation in the same manner as that of the other incorporated public libraries of this state. And it shall be the duty of the said trustees to effect such insurance as can be obtained upon the said buildings and library, and other property against loss by fire, or otherwise, and pay the expense thereof out of the fund mentioned in the third subdivision of section second of this act.
Section ije. The said trustees shall, in the month of January, in each year, make a report to the legislature for the year ending on the thirty-first day of December preceding, of the condition of the said library, of the funds and other property of the corporation, of its receipts and expenditures during such year.
Section *. This corporation shall possess the general powers and be subject to the provisions, restrictions and liabilities contained in the third title of the eighteenth chapter of the first part of the revised statutes.
Section *i. This act shall take effect immediately.
XV.
DEED BY JAMES LENOX OF THE LENOX LIBRARY SITE. Dated, 17 March, 1870.* Recorded 10 August, 1870. Liber 1154 Of Conveyances, Page 230. .JnbetUtire, made the seventeenth day of March, in the year of Our Lord One thousand eight hundred and seventy, belween James Lenox, of the City of New York, Gentleman, of the first part, and The Trustees of the Lenox Library, of the second part.
tMitnessetl): That the party of the first part for and in consideration of the sum of ten dollars, lawful money of the United States of America to him in hand paid by the said parties of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, and the said parties of the second part, their successors for ever released and discharged from the same by these presents, ^otl) granted, bargained, sold, aliened, remised, released, conveyed and confirmed, and by these presents JDotl) grant, bargain, sell, alien, remise, release, convey and confirm unto the said parties of the second part, and to their successors and assigns forever.
2UI those ten certain lots pieces or parcels of land, situate lying and being adjacent to each other on the Easterly side of the Fifth Avenue in the Nineteenth Ward of the City of New York, and taken together are bounded as follows: Beginning on the Easterly side of the Fifth Avenue, at the corner formed by its intersection with the northerly side of Seventieth Street, and running thence Northwardly along the Easterly side of the Fifth Avenue Two hundred feet and ten inches to the Southerly side of Seventy-first Street. Thence Eastwardly along the Southerly side of Seventy-first Street One hundred and twenty-five feet; thence Southwardly parallel with the Fifth Avenue, Two hundred feet and ten inches, to the Northerly side of Seventieth Street, and thence Westwardly along the same one hundred and twenty-five feet to the place of beginning:
* This Conveyance was formally accepted by the Board of Trustees on April I7th, 1870.
®0{jetI)cr with all and singular the tenements hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents issues and profits thereof. Qtnb also all the estate, right, title, interest, property, possession, claim and demand whatsoever as well in law as in equity of the said party of the first part, of in and to the same, and every part and parcel thereof with the appurtenances.
ffio J)oDc anfc to hoifc, the above granted bargained, and described premises, with the appurtenances unto the said parties of the second part, their successors and assigns to their own proper use, benefit and behoof for ever.
Qtnfr the said James Lenox for himself his heirs executors and administrators, doth covenant, grant and agree to and with the said parties of the second part their successors and assigns that the said James Lenox at the time of the ensealing and delivery of these presents is lawfully seized in his own right of a good, absolute and indefeasible estate of inheritance in fee simple of and in all and singular the above granted, bargained, and described premises, with the appurtenances, and hath good right, full power, and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid. Qlnft that the said parties of the second part their successors and assigns shall and may at all times hereafter peaceably and quietly have, hold, use, occupy, possess and enjoy the above granted premises, and every part and parcel thereof with the appurtenances, without any let, suit, trouble, molestation, eviction or disturbance of the said party of the first part, his heirs or assigns, or of any other person or persons lawfully claiming or to claim the same. Qtnft that the same now are free, clear, discharged, and unencumbered of and from all former and other grants, titles, charges, estates, judgments, taxes, assessments, and encumbrances of what nature or kind soever. &nb also that the said party of the first part and his heirs, and all and every other person or persons whatsoever lawfully or equitably deriving any estate, right, title or interest of in or to the hereinbefore granted premises, by, from, under, or in trust for him or them, shall and will at any time or times hereafter upon the reasonable request, and at the proper costs and charges in the law of the said parties of the second part, their successors, and assigns make, do and execute, or cause, or procure to be made done, and executed all and every such further and other lawful and reasonable acts, conveyances, and assurances in the law, for the better and more effectually vesting and confirming the premises hereby intended to be granted, in and to the said parties of the second part, their successors and assigns forever, as by the said parties of the second part, their successors or assigns, or their counsel learned in the law shall be reasonably devised, advised or required. &nb the said James Lenox for himself and his heirs, the above described and hereby granted and released premises, and every part and parcel thereof with the appurtenances unto the said parties of the second part, their successors and assigns against the said party of the first part, and his heirs, and against all and every person and persons whomsoever lawfully claiming or to claim the same shall and will warrant and by these presents forever befimb.
<3lnb the said parties of the second part for themselves their successors and assigns do covenant, promise and agree to and with the said party of the first part his heirs and assigns that they will not at any time hereafter erect, make, establish, or carry on or suffer to be erected, made, established, or carried on, in any manner, on any part of the above described and hereby granted premises, any livery stable, railroad depot, slaughter-house, tallow-chandlery, steam engine, smith's shop, forge-furnace, brass foundry, nail, or other iron factory; or any
manufactury for the making of glass, glue varnish, vitriol, ink or turpentine, or for the tanning dressing preparing or keeping of skins, hides, or leather; or any theatre, opera-house, brewery, distillery; molasses, or sugar refinery, lager beer, or concert saloon; or any manufactury trade or business whatever which may be in any wise noxious or offensive to the neighboring inhabitants.
JTn roitness thereof, the said party of the first part to these presents hath hereunto set his hand and seal; and the said parties of the second part have caused their common seal to be hereunto affixed, the day and year first above written.
James Lenox (seal)
(corporate Seal) By order of the
Trustees Of The Lenox Library, Aaron B. Belknap, Secretary.
XVI. EXTRACT FROM THE WILL OF FELIX ASTOIN.
Will Dated, 24 March, 1883.
Admitted To Probate In New York, 29 February, 1884. Recorded Liber 326 Of Wills, Page 6. ®hirb. I do give and bequeath to "The Trustees of the Lenox Library ", in the City of New York, all and singular my collection and library of printed books, engravings and maps not herein otherwise disposed of, and which are contained in said my house Number 5 West Ninth Street in the City of New York.
XVII.
EXTRACT FROM THE WILL OF HENRIETTA A. LENOX. Will Dated, 29 July, 1881.
Codicil I. Dated, 14 December, 1883.
Codicil II. Dated, 27 April, 1885.
Codicil III. Dated, 19 April, 1886. Admitted To Probate, In New York, 27 April, 1887. Recorded, Liber 379 Of Wills, Page 424.
Sijetl). I give and devise to the Lenox Library of the City of New York, all that certain piece or parcel of land, situate, lying and being in the City of New York, and bounded and described as follows, viz:
Beginning at a point in the northerly line of Seventieth Street, distant one hundred and twenty-five feet easterly from the corner formed by the intersection of the easterly line of Fifth Avenue with the northerly line of Seventieth Street, running thence easterly along the northerly line of Seventieth Street, two hundred and ninety-five feet to the westerly line of Madison Avenue, thence northerly along the westerly side of Madison Avenue, to the southerly line of Seventy-first Street, thence westerly along the southerly line of Seventy-first Street, two hundred and ninety-five feet, to the northerly boundary line of land now of said Lenox Library, and thence southerly along said boundary line and parallel with Fifth Avenue to the point or place of beginning. ®o ho»e anb QT0 I)olb said property for ever for the uses and purposes of said Library.
But this devise is upon the express condition that no buildings of any description except an addition to, or extension of the present library building shall at any time be erected, or permitted to be erected upon that portion of the above devised property lying westerly of a line parallel with Madison Avenue and one hundred feet westerly therefrom.
I also give and bequeath to the Lenox Library, the sum of one hundred thousand dollars, to be applied to the purchase of books only.
XVIII.
EXTRACT FROM THE WILL OF JOSEPH W. DREXEL. Will Dated, 15 June, 1877.
Codicil Dated, 2 June, 1887. Admitted To Probate In New York, 12 April, 1888. Recorded Liber 400 Of Wills, Page 407.
first. I give and bequeath to The Trustees of the Lenox
Library, in the City of New York, all that portion of my library which consists of works relating to the science of Music, also all musical compositions and treatises or other works on musical subjects. This gift is made upon the express condition that the said Trustees of the Lenox Library shall sign and deliver to my executors hereinafter named, a written acceptance of the said portion of my library, and an agreement to keep the same separated from all other books or collections of books, and to preserve the same in separate shelves or cases to be labeled "Drexel Musical Library." * In case said Trustees of the Lenox Library shall not accept, or if accepting they shall not maintain the said portion of my library in the manner indicated, then I give and bequeath the same, on the same conditions, to the Astor Library, in the City of New York, and should the Astor Library refuse to accept the same, or, having accepted neglect or omit to maintain the same separately from other books, and in the manner hereinbefore specified, then I give and bequeath the said portion of my Library to the Mercantile Library Company of the City of Philadelphia.
* On June 7th, 1888, the Board of Trustees formally declared their acceptance of this legacy, on the conditions stated in Mr. Drexel's will.
