Barnes Foundation Charter

The following text was transcribed from a photocopy of the Barnes Foundation Charter filed in the Montgomery County Recorder of Deeds Office, Norristown in 1922. It is currently located on a micro-film roll in that office. The film is of somewhat poor quality, but the photocopy is quite good. However, the charter is replete with apparent typographical errors, overstrikes, mis-capitalization, bad punctuation and a few apparent missing characters. Rather than pepper my transcription with the traditional "[xxx] sic" treatment, I've let it stand exactly as I see it.

[ Start of the Charter:]

CHARTER.

THE BARNES FOUNDATION.

Be it known, that the subscribers, citizens of the Commonwealth of Pennsylvania, having associated themselves together for the purpose of organizing The Barnes Foundation, and being desirous of becoming incorporated agreeably to the provisions of the Act of the General Assembly of the Commonwealth of Pennsylvania, entitled An Act to provide for the incorporation and regulation of certain corporations", approved the 29th day of April, A.D. 1874 and its supplements, do hereby declare, set forth and certify that the following are the purposes, objects, articles and conditions of their association for and upon which they desire to be incorporated.

First, The Name of the corporation shall be "The Barnes Foundation."

Second, The purposes for which the corporation is formed is to promote the advancement of education and the appreciation of the fine arts; and for this purpose to erect, found and maintain, in the Township of Lower Merion, Count of Montgomery and State of Pennsylvania, an art gallery and other necessary building for the exhibition of works of ancient and modern art, and the maintenance in connection therewith of an arboretum, wherein shall be cultivated and maintained trees and shrubs for the study and for the encouragement of Arboriculture and forestry, together with a Laboratory of arboriculture if the same shall be found necessary, said arboretum and laboratory to be conducted independently or in connection with the department of forestry of any university founded and conducted under the laws of the Commonwealth of Pennsylvania.

Third. The place where the business of the said corporation is to be transacted is in the Township of Lower Merion County of Montgomery, State of Pennsylvania.

Fourth The corporation shall have perpetual succession by its corporate name.

Fifth The names and residences of the subscribers are as follows:-

Albert C. Barnes Merion Montgomery County Pennsylvania

Laura L. Barnes Merion Montgomery County Pennsylvania

Joseph Lapsley Wilson Merion Montgomery County Pennsylvania

Nelle E. Mullen 5711 Thomas Avenue, Philadelphia, Pa.

Mary Mullen 5711 Thomas Avenue, Philadelphia, Pa.

Sixth, The officers of the corporation shall be a President, a Vice President a Secretary and a Treasurer, The business of the corporation shall be managed by a board of five Trustees. The officers of the corporation shall be elected annually by the said board of Trustees, The President and Vice President shall be members of the board. The secretary and Treasurer may or may not be members of the board. The treasurer may be a trust company duly chartered under the laws of the Commonwealth of Pennsylvania. The successors of the board of trustees shall be chosen in accordance with the by laws of the corporation, The names and residences of the board of trustees and of the officers who are chosen for the first year are;

Board of Trustees

Albert C. Barnes Merion Montgomery County Pennsylvania

Laura L. Barnes Merion Montgomery County Pennsylvania

Joseph Lapsley Wilson Merion Montgomery County Pennsylvania

Nelle E. Mullen 5711 Thomas Avenue, Philadelphia, Pa.

Mary Mullen 5711 Thomas Avenue, Philadelphia, Pa.

Officers

President Albert C. Barnes Merion Montgomery Count, Pennsylvania

Vice President Laura L.Barnes merion, Montgomery County, Pennsylvania

Secretary & Treasurer N.E.Mullen 5711 Thomas Avenue, Philadelphia Pa.

Seventh. The corporation has no capital stock The property and funds to be administered by the corporation are such as may be received by it by gift or will, to be used for the purposes set forth in this charter.

Eighth. The yearly income of the said corporation, other than that derived from real estate, shall not exceed the sum of Five hundred Thousand dollars ($ 500,000) The yearly rental value or income of any real estate which the corporation may own shall not exceed the sum of Twenty thousand Dollars ($20,000)

Witness our hands and seals this First day of November A.D. one thousand nine hundred and twenty two (1922)

Jos Lapsley Wilson (SEAL) Nelle E.Mullen (SEAL)

Albert C.Barnes (SEAL) Mary Mullen (SEAL)

Laura L.Barnes (SEAL)

Commonwealth of Pennsylvania

Country of Montgomery SS. before me the Subscriber a Notary Public of the Commonwealth of Pennsylvania residing at Ardmore Penna, in the County of Montgomery personally appeared Albert C,Barnes, Laura L. Barnes and Joseph Lapsley Wilson three of the subscribers of the above and foregoing Certificate of incorporation and in due form of law acknowledged the same to be their act and deed of their said associates, according to the Act of Assembly in such case made and provided.

Witness my hand and Notarial seal this First day of November A.D. one thousand nine hundred and twenty two (1922)

Horace Entriken (N.P.)

Commission Expires March 7, 1925. Notary Public (SEAL)

DECREE.

In the Court of Common Pleas in the County of Montgomery State of Pennsylvania

In the matter of the Application for the incorporation of the Barnes Foundation

And now this Fourth day of December A.D. 1922, The certificate of Incorporation of The Barnes Foundation, a corporation of the first class, having been presented for approval to me a Law Judge of the said County, accompanied by proof of publication of the notice of application as required by law, I do hereby certify that I have perused and examined the said instrument and find the same to be in proper form and within the purposes named in the first class of corporations specified in the Second Section of the Act of the General Assembly of the Commonwealth of Pennsylvania, entitled "An Act to provide for the incorporation and regulation of certain corporations" approved the 29th day of April 1874 and the supplements thereto and that the purposes of the proposed corporation appear to be lawful and not injurious to the community. It is therefore upon motion of Evans, High, Dettra and Swartz, Attorneys, ordered and decreed that the Charter of the Barnes Foundation be, and the same is hereby approved, and that upon the recording of the said Charter and this decree, which is hereby ordered the subscribers thereto and their associates and successors shall be a corporation for the purposes and upon the terms and under the name therein stated

Witness my hand and the seal of the said Court.

John Faber Miller (Court)

Judge (Seal)

Recorded December 4th, 1922 W.K.A.

[ End of Charter ]