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TITLEL in this state, examine into the condition and system of education and discipline therein, and make an annual report of the state of the same, to the legislature.7

By-laws

Grants to regents.

May confer

degrees.

Degree of
M. D.

colicges and

316. The regents shall have power to make such by-laws and ordinances, as they shall judge most expedient, for the accomplishment of the trust reposed in them.7

$ 17. Grants made to the regents for certain uses and purposes, shall not be applied, either wholly or in part, to any other uses.

318. The regents shall have the right of conferring, by diploma under their common seal, on any person whom they may judge worthy thereof, such degrees, above that of master of arts, as are known to, and usually granted by, any college or university in Europe.

$ 19. A degree of doctor of medicine, granted by the regents, shall authorise the person on whom it is conferred, to practise physic and surgery within this state."

Vacancies in 320. In case the trustees of any college shall leave the office of academies. president of the college, or the trustees of any academy shall leave the office of principal of the academy, vacant, for the space of one year, the regents shall fill up such vacancy, unless a reasonable cause shall be assigned for such delay, to their satisfaction.

Ib.

Ib.

Literature

fund.

How distributed.

$ 21. The person so appointed, shall continue in office during the pleasure of the regents, and shall have the same powers, and the same salary, emoluments and privileges, as his next immediate predecessor in office enjoyed.7

$22. If such president or principal had no immediate predecessor in office, he shall have such salary as the regents shall direct, to be paid by the trustees out of the funds or property of their college or academy.7

$ 23. The regents shall have the control of the whole income arising from the literature fund, and shall annually divide such income into eight equal parts, and assign one part thereof to each senate district. They shall annually distribute the part so assigned to each district, among such of the incorporated seminaries of learning, exclusive of colleges, within such district, as are now subject, or shall become subject, to their visitation, by a valid corporate act.10

S24. Every such distribution shall be made in proportion to the number of pupils in each seminary, who, for four months during the preceding year, shall have pursued therein, classical studies, or the higher branches of English education, or both.10

(7) 2 R. L. 260, § 3. (S) Ib. § 4. (9) Ib. § 7. (10) Laws of 1827, p. 237, § 3, 4 and 5

$ 25. No pupil in any such seminary, shall be deemed to have pursued classical studies, unless he shall have advanced at least, so far as to have read in Latin, the first book of the Æneid; nor to have pursued the higher branches of English education, unless he shall have advanced beyond such knowledge of arithmetic, (including vulgar and decimal fractions,) and of English grammar and geography, as is usually obtained in common schools. 11

ART. 1.

Ib. studies.

port to re

$26. The regents shall require each seminary subject to their Annual revisitation, to make an annual return on or before the first day of Feb- gents. ruary in each year, to the secretary of their board.11

thereaf

$27. Every such return shall be attested by the oath either of the Contents principal instructer in the seminary by which it shall be made, or of one of the trustees thereof, and shall contain:

1. The names and ages of all the pupils instructed in such seminary, during the preceding year, and the time that each was so instructed. 2. A particular statement of the studies pursued by each pupil, at the commencement of his instruction, and of his subsequent studies, until the date of the report, together with the books such student shall have studied in whole or in part, and if in part, what portion.

3. An account or estimate of the cost or value of the library, philosophical and chemical apparatus, and mathematical and other scientific instruments, belonging to the seminary.

4. The names of the instructers employed in the seminary, and the compensation paid to each.

5. An account of the funds, income, debts and incumbrances of the seminary, and of the application therein, of the monies last received from the regents.

11

nual report.

$28. The regents shall annually, and on or before the first day of Regents' an March, in each year, report to the legislature an abstract of all the returns made to them, embracing a general view of the particulars contained therein, and shall also state in their report, the distribution made by them, during the preceding year, of the income of the literature fund, the names of the seminaries sharing in such distribution, and the amount received by each.11

turns.

S29. The regents shall prescribe the forms of all returns, which Forms of rethey shall require from colleges and other seminaries of learning, subject to their visitation, and may direct such forms and such instructions, as from time to time, shall be given by them as visiters, to be printed by the state printer.11

$30. The expenses of such printing, and all other necessary ex- Expenses of penses incurred by the regents, as a board, in the discharge of their printing, &c. official duties, shall be audited by the comptroller, and be paid out of the treasury."1

(11) Laws of 1827, p. 237, § 3, 4 & 5.

TITLE 1.

Corporation.

Meetings.

Notices thereof.

Seniority.

Quorum.

Powers of trustees.

ARTICLE SECOND.

Of the Powers and Duties of the Trustees of Colleges.

SEC. 31. Trustees to be a corporation.

32. How meetings held and summoned.

33. How notices to be given.

34. How seniority among trustees determined.
35. Number of trustees; what number a quorum.

36. Powers of trustees enumerated.

37. Privileges conferred by diplomas.

$ 31. The trustees of every college to which a charter shall be granted by the state, shall be a corporation. 12

$ 32. The trustees shall meet upon their own adjournment, and as often as they shall be summoned by their chairman, or in his absence, by the senior trustee, upon the request in writing of any other three

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$ 33. Notice of the time and place of every such meeting shall be given in a newspaper printed in the county where such college is situate, at least six days before the meeting; and every trustee resi dent in such county, shall be previously notified in writing, of the time and place of such meeting. 13

$34. Seniority among the trustees shall be determined according to the order in which they are named in the charter of the col lege; and after all the first trustees shall become extinct, according to the priority of their election. 13

$35. The trustees shall not exceed twenty-four, nor be less than ten, in number; and a majority of the whole number, shall be a quorum for the transaction of business. 13

$36. The trustees of every such college, besides the general powers and privileges of a corporation, shall have power;

1. To elect by ballot their chairman annually :

in

2. Upon the death, removal out of this state, or other vacancy the office of any trustee, to elect another in his place by a majority of the votes of the trustees present:

3. To declare vacant the seat of any trustee, who shall absent him self, from five successive meetings of the board :

4. To take and hold, by gift, grant or devise, any real or personal property, the yearly income or revenue of which, shall not exceed the value of twenty-five thousand dollars:

5. To sell, mortgage, let and otherwise use and dispose of such property, in such manner, as they shall deem most conducive to the interest of the college :

6. To direct and prescribe the course of study and discipline, to be observed in the college:

(12) 2 R. L. 262, § 6. (13) Ib. and p. 266, § 4, 5, 6, 7 & 8

7. To appoint a president of the college, who shall hold his office ART. 3. during good behavior:

8. To appoint such professors, trustees and other officers, as they shall deem necessary, who, unless employed under a special contract, shall hold their offices during the pleasure of the trustees:

9. To remove or suspend from office the president and every professor, tutor or other officer employed under a special contract, upon a complaint in writing by any member of the board of trustees, stating the misbehavior in office, incapacity or immoral conduct, of the person sought to be removed, and upon examination and due proof of the truth of such complaint; and to appoint any other person in place of the president or other officer, thus removed or suspended :

10. To grant such literary honors as are usually granted by any university, college or seminary of learning in the United States; and in testimony thereof to give suitable diplomas, under their seal and the signature of such officers of the college, as they shall deem expedient:

11. To ascertain and fix the salaries of the president, professors and other officers of the college:

12. To make all ordinances and by-laws necessary and proper to carry into effect the preceding powers. 14

plomas.

$ 37. Every diploma granted by such trustees, shall entitle the Effect of dipossessor to all the immunities which by usage or statute are allowed to possessors of similar diplomas granted by any university, college or seminary of learning in the United States.14

ARTICLE THIRD.

Of the Foundation of Academies.

SEC. 38. Founders of an academy may apply to regents for incorporation.

39. How approbation of regents declared.

40. When funds vest, and how.

for incorpora

$38. The founders and benefactors of any academy, or as many Application of them, as shall have contributed more than one half in value, of the tion. property collected for the use thereof, may make to the regents an application in writing under their hands, requesting that such academy may be incorporated, nominating the first trustees, and specifying the name by which the corporation is to be called. 15

gents.

$ 39. In case the regents shall approve thereof, they shall, by an Duty of reinstrument under their common seal, declare their approbation of the incorporation of the trustees of such academy, by the name specified in such application; and the request, and instrument of approbation, shall be recorded in the office of the secretary of state. 15

(14) 2 R. L. 262. § 6, & p. 266, § 4, 5, 6, 7 & 8. (15) Ib. 263, § 10 & 11.

TITLE 1.

Funds.

Corporation.

General powers.

$40. Immediately after recording the same, the property and funds of such academy, shall be vested in the trustees so nominated, for the use and benefit of the academy.16

ARTICLE FOURTH.

Of the Powers and Duties of Trustees of Academies.

SEC. 41. Trustees to be a corporation; name; number; what number a quorum.

42. Powers of trustees enumerated.

43. How meetings summoned, and by whom.

44. Time and place, how appointed.

45. How notice to be given; who to preside.

46. How seniority determined.

47. In what case the office of a trustee may be vacated.

48. How their number may be reduced.

$41. The trustees of every such academy shall be a corporation, by the name expressed in the instrument of approbation; they shall not be more than twenty-four, nor less than twelve, in number, and a majority of the whole number, shall be a quorum for the transaction of business.17

$42. Such trustees, besides the general powers and privileges of a corporation, shall have authority;

1. To adjourn from time to time, as they may deem expedient: 2. To elect by ballot their president, who shall hold his office for one year, and until another be chosen in his place :

3. Upon the death, resignation, refusal to act, removal out of this state, or other vacancy in the office of any trustee, to elect another in his place, by a majority of the votes of the trustees present:

4. To take and hold by gift, grant or devise, any real or personal property, the clear yearly income or revenue of which shall not exceed the value of four thousand dollars:

5. To sell, mortgage, let or otherwise use and dispose of, such property, for the benefit of the academy:

6. To direct and prescribe the course of discipline and study in the academy:

7. To appoint a treasurer, clerk, principal, masters, tutors, and other necessary officers of the academy; who unless employed under a special contract, shall hold their offices during the pleasure of the

trustees:

8. To ascertain and fix the salaries of all the officers of the academy:

9. To remove or suspend from office any officer employed under a special contract, upon a complaint in writing by a trustee, of the misbehavior in office, incapacity or immoral conduct, of such officer, and upon examination and due proof of the truth of such complaint, and to appoint another person in the place of the officer so removed or suspended:

(16) 2 R. L. 263, § 10 & 11. (17) Ib. § 10, 11, 12, 13 & 20.

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