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lector shall be credited with the amount thereof, in the settlement of his account with the treasurer: Provided, That the collector of the taxes in the Virginia military district, shall pay over the aforesaid one-third part of the tax arising from the lands of non-resident proprietors within the district, to the treasurer of the state, who is hereby directed to pay the same to the several county treasurers, in such proportion as may be just and equitable, and which proportion shall be adjusted according to the quantity and quality of the aforesaid lands that shall be found to lie in each of the said counties respectively, as nearly as can be ascertained, and the receipt of the said county treasurer shall be received by the state treasurer, in settlement of the account of said collector.

Sec. 31. And be it further enacted, That if any officer required to do and perform any service or duty by this act, shall refuse or neglect to do and execute such services and duties, according to the true intent and meaning of this act, he shall forfeit and pay a fine not exceeding one thousand dollars, at the discretion of the court, to be recovered by action of debt or indictment, in any court of record in the county where the offense shall have been committed, the One-half

Proviso, in Case Of the COllector of the Virginia military district.

Officers under this act refusing Or neglecting to do their duty.

Penalty.

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to the person suing, or the informer, and the other half shall be paid into the state treasury. i. ion Sec. 32. And be it further enacted, That it loa. shall be the duty of the auditor, to have pub| lished the first, second, fifth, ninth, twenty-eight and twenty-ninth sections of this act, in the Virginia Argus, National Intelligencer and American Mercury, for the term of three weeks, to commence on the first week in April next, and the expenses thereof shall be paid out of the state treasury. . - .." Sec. 33. And be if further enacted, That it - *:::::::s. shall be the duty of the auditor, forthwith to proceed against all the now delinquent collectors, in the same manner as he is directed to do by this act, against the collectors that may be hereafter delinquent; and all officers are hereby directed to conduct themselves accordingly.

ELIAS LANGHAM,
Speaker of the house of representatives.

NATH. MASSIE,

Speaker of the senate, i February 18th, 1804.

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CHAPTER XXVII.

An act, establishing an University in the town of
Athens.

WHEREAs, institutions for the liberal education of youth, are essential to the progress of arts and sciences, important to morality, virtue and religion, friendly to the peace, order and prosperity of society, and honorable to the government that encourages and patronizes them: Therefore,

Sec. 1. Be it enacted by the general assembly of the state of Ohio, That there shall be an university instituted and established in the town of Athens, in the ninth township of the fourteenth range of townships, within the limits of the tract of land purchased by the Ohio Company of Associates, by the name and style of the “Ohio University,” for the instruction of youth in all the various branches of liberal arts and sciences, for the promotion of good education, virtue, religion and morality, and for comferring all the degrees and literary honors granted in similar institutions.

Sec. 2. And be it further enacted, That there shall be and forever remain in the said university, a body politic and corporate, by the

Preamble.

University established. .

Name and style

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Body politic and corporate established.

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name and style of “The President and Trustees of the Ohio University;” which body politic and corporate shall consist of the governor of the state, (for the time being) the president, and not more than fifteen nor less than ten trustees, to be appointed as hereinafter is provided.

Sec. 3. And be it further enacted, That Elijah Backus, Rufus Putnam, Dudley Woodbridge, Benjamin Tappan, Bazaleel Wells, Nathaniel Massie, Daniel Symmes, Daniel Story, Samuel Carpenter, the Reverend James Kilbourn, Griffin Green, Senior, and Joseph Darlinton, Esquires, together with the governor as aforesaid, and the president of the said university (for the time being) to be chosen as hereinafter directed, be and they are hereby created, a body politic and corporate, by the name of “The President and Trustees of the Ohio University,” and that they and their successors, and such others as shall be duly elected members of the said corporation, shall be and remain a body politic and corporate in law, by that name forever.

Sec. 4. And be it further enacted, That the said trustees shall have power and authority to elect a president, who shall preside in the university, and also to appoint a secretary, treas: urer, professors, tutors, instructors, and all such officers and servants in the university as they shall deem necessary for the carrying into effect the designs of the institution, and shall have authority, from time to time, to determine and establish the name, numbers and duties of all the officers and servants to be employed in the university, except wherein provision is otherwise made by this act, and may empower the president or some other member of the corporation, to administer such oaths as they shall appoint and determine, for the well ordering and good government of the university: Pro- t vided nevertheless, That no corporation business Proviso. t shall be transacted at any meeting, unless seven of the trustees, at least, shall be present.

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Sec. 5. And be it further enacted, That the corporation said corporation shall have power and authority, .o from time to time, to make and Ordain reason- * ~ ***** able rules, orders and by-laws for the government of the corporation, not incompatible with the constitution, laws and ordinances of the United States or this state, and the same to repeal as occasion may require, and also to determine the salaries, emoluments and tenures of their several officers.

Sec. 6. And be it further enacted, That the

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