nated, granted, or devised, shall revert to the donor, grantor, or the heirs of the devisor of the same.

school de

SEC. 9. There shall also be attached to the said academy, a department in which shall be taught branches that are usually taught in common schools, which shall constitute the Common common school of the district in which said academy may be partment. situated; and the trustees of said academy shall receive from the school commissioners, the same amount of money, in the School com'r. same proportion, and apply the same to such tuition in the to pay over same manner as other common shools are paid and kept: par Provided, that the teachers or instructors of said department, shall be selected by the trustees, and be under the control of the by-laws of said corporation.

SEC. 10. This act to take effect and be in force from and after its passage. Approved, February 17, 1841.

of school

An ACT to incorporate the Bond County Academy.

In force Feb. 19, 1841.

Persons crea

SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Thomas Keys, William Young, John Smith, William S. Wait, James Clark, James Stofford, Augustus Norton, Lemuel Blanchard, P. J. Halcomb, Cornelius Lansing, Robert Keys and George ted body poliDonald, and their successors, be and they are hereby con- tic. stituted a body politic and corporate, by the name of the "Trustees of the Bond County Academy," and by that Name & style. name and title to remain and have perpetual succession. The same academy being and to remain in the corporate Location of limits of Greenville, Bond county, State of Illinois; the num academy. ber of trustees shall not exceed twelve, they shall have pow- Number of er to elect the necessary officers out of their own body. The trustees. trustees shall be elected yearly by the subscribers or stock- Annual elecholders of said academy. They shall have power to fill vacancies that may occur in the interim, and in case of a failure how filled. of the subscribers to clect at the proper time, the trustees Term of office shall be considered as holding their office and continue in office until their successors be elected and qualified.

tion.

Vacancies,

SEC. 2. The corporate powers hereby bestowed shall be Powers of corthe following, to-wit: To make contracts, to sue and be sued, poration. plead and be impleaded, and to grant and receive by their corporate name, to accept, acquire by purchase, or sell property, real, personal or mixed, in all lawful ways, to use, employ, manage and dispose of all such property, and all money belonging or that may belong to such corporation, in such ways as to them shall seem best calculated to promote the objects of the institution; to have a common seal and alter and change the same at pleasure; to make such by-laws for the management of the academy as shall not conflict with the laws and Constitution of this State, or of the United States.

Course of stu

dy. Officers, how appointed.

SEC. 3. The trustees shall also have authority to prescribe and regulate the course of study in said academy, to fix the rate of tuition, and other academic expenses; to appoint instructors and other officers and agents necessary to manage the concerns and interests of the institution; and to define their duties and fix their compensations, and to remove and displace them; to erect suitable buildings, to purchase books When persons and all necessary apparatus, to make rules for regulating the may be sus conduct of the pupils, and to suspend and expel such as are pended. disorderly.

Lands to be

held. Proviso.

SEC. 4. A majority of the trustees shall constitute a quorum to do business.

SEC. 5. The lands, tenements and hereditaments to be holden in perpetuity by said corporation shall not exceed six hundred and forty acres. Provided, however, That if any donations, grants or devises in lands shall from time to time be made to said corporation, over and above the six hundred and forty acres, that may be held in perpetuity as aforesaid, the same may be received and held by said corporation. Further pro- Provided, That they shall sell or dispose of said lands within five years from the time of receiving the same.

viso.

Institution to be open to all. Common

ment.

Trustees to

SEC. 6. The benefits and privileges of said institution shall be open alike to all religious denominations.

SEC. 7. There shall be attached to said academy a deschool depart- partment in which shall be taught such branches as are usually taught in common schools, and the trustees of said receive school academy shall receive from the school commissioners of the county such amount and proportion of the common school fund as is received by other common schools. Provided, The said trustees comply with the laws regulating common schools. Approved, February 19, 1841.

fund.

In force Feb. 17, 1841.

tic.

Powers.

An ACT to incorporate the Payson Academy.

SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the persons hereafter to be elected in pursuance of the provisions of this act, Name & style and their successors, be and they are hereby created a body of body poli-politic and corporate, to be styled the "The Trustees of the Payson Academy," and in that name to remain in perpetual succession, with power to sue and be sued, to plead and be impleaded, to acquire, hold and convey property, real and personal, to have and to use a common seal, to alter the same at pleasure, to make and alter from time to time such by-laws as they may deem necessary for the government and regulation of said institution, and its officers and servants, and property: Provided, Such by-laws be not inconsistent with the Constitution and laws of the United States and of this State.

Proviso.

stockholders

SEC. 2. The trustees of said institution shall consist of Trustees to be nine stockholders, to be elected by ballot, at the first election, elected by balthree of whom shall be elected for the term of three years, oth- lot. er three for the term of two years, and the other three for the term of one year, and who shall continue in office until their successors are duly elected; and every year thereafter there

shall be an election of three trustees, who shall hold their office Term of office for the term of three years, or until others shall be duly elected

lection.

as their successors, which election shall be held on the first Time & place Monday in April, in each and every year, between the hours of annual eof ten and four, at some convenient place, to be from time to time ascertained and fixed by the by-laws of the said corporation, until the said academy is fitted for holding elections therein, after which all elections shall be held at such academy; and that any person holding more than one right or share in such academy shall be entitld to one vote for each right or share he or she shall hold in the same.

One vote to

each share.

SEC. 3. The trustees for the time being shall have power Vacancies, to fill all vacancies which may occur in the board from death, how filled. removal, resignation or other wise, in the intervals of the an

nual election. A majority of the trustees for the time being Quorum. shall be a quorum to do business.

SEC. 4. The trustees shall meet annually and oftener if Annual meetthey think necessary, in the town of Payson, or at the acade-ing.

my, and shall appoint one of their body a clerk, who shall

keep a faithful and correct record of all the proceedings of Clerk & treasaid trustees, and the said trustees at their annual meeting surer. shall elect a treasurer, who may or may not be one of their body at their selection, who shall before entering upon the Treasurer to duties of his office give a bond with approved security to the give bond. board of trustees of Payson academy, in such penal sum as they may require for the due and faithful performance of his duty as treasurer; and in case of the death, removal, or refusal or neglect to serve as treasurer for the time being, the said trustees at any of their meetings may appoint another to fill When treasuthe vacancy, to remain in office till the expiration of the time rer may be apduring which his predecessor was entitled to serve, and all pointed. process against the corporation shall be by summons, and the Process how service of the same shall be by leaving an attested copy there- served. of with the treasurer, or at his usual place of abode, at least thirty days before the return thereof.

may be

SEC. 5. Said institution shall be located within half a Location of inile of the public square in the town of Payson, county of academy. Adams, and State of Illinois; and the said trustees shall be competent in law or equity to take to themselves and their successors in office, in their said corporate name, any Lands estate, real, or personal, or mixed, by the gift, grant, bargain and sale. conveyance, will, demise or bequest of any person or persons whomsoever; and the same estate, whether real or Funds how personal, to grant, bargain, sell, convey, demise, let, place applied. out on interest, or otherwise dispose of, for the use of said in

held.

Proviso.

stitution.

stitution, in such manner as shall seem to them most beneficial to the institution. Said trustees shall faithfully apply al! funds collected, or the proceeds, according to their best judgment, in erecting and completing a suitable building or buildings, supporting the necessary officers, instructors, instructresses and servants; and procuring books, maps, charts, globes, philosophical and other apparatus necessary to the success of said academy. Provided, nevertheless, That in case any donation, devise or bequest shall be made for particular purposes, accordant with the design of this institution, and the corporation shall accept the same, every donation, devise or bequest shall be applied in conformity with the express conditions of the donor or devisor.

SEC. 6. The trustees shall have power to appoint a prinOfficers of in- cipal for said institution, and to employ all such instructors and instructresses, and also such servants as may be necessary, and shall have power to displace any or either of them, as Vacancies of they may deem the interest of the institution to require, to servants filled fill vacancies which may happen by death, resignation or otherwise among said officers and servants.

when to be sold.

SEC. 7. The lands within the bounds of the State, held in perpetuity by this corporation, shall not exceed one hundred and sixty acres at one time; and if donations in lands shall be made at any time to said corporation, the same may be reLands held, ceived and held in trust by said board of trustees, and shall be sold within ten years from the date of said donation, for the benefit of said institution, in failure whereof the lands so given shall revert to the donor or grantor of the same or to their heirs, and the said board of trustees shall in no case lease or rent out any lands so held for a longer term than nine years from the time of such donation or grant. Whereas the original proprietors of the town of Payson, in their proposals for the sale of town lots, stipulated that twenty per cent. of the amount of sales should be appropriated towards the establishment of a seminary of learning in said town, from which a fund has accrued belonging to the institution contemplated in this act of incorporation, which fund at this date amounts to about one thousand three hundred dollars, now therefore:

Preamble.

Persons own.

SEC. 8. Any person owning a town lot in said town of ing town lots Payson, that was purchased under the above stipulation shall in Payson be considered a stockholder, and entitled to one vote for eveconsidered stockholders ry original town lot so held and owned; and any person upon in institution. the payment of twenty dollars to the treasurer of said institution, shall be considered a stockholder and be entitled to one Certificate of vote for every share of twenty dollars so paid in, and the treasurer's receipt shall be the certificate of stock, and further to be entitled to such re-imbursement in tuition of the interest of the money so paid in, as shall be adopted by said board of trustees in their ordinances and by-laws from time to time; and that it shall be lawful for each and every stockholder for

stock.

Shares of

the time being of said institution, his executors, administrators and assigns, to give, sell, devise and dispose of their respective shares in said academy, and that their respective as- stock transsignees shall be stockholders of said institution and shall be ferred. entitled to all the same rights and privileges in said institution as the original stockholders are entitled to by this act. vided, That a part of a right or share in said academy shall not entitle the proprietor or owner thereof to any privileges whatever in said institution.

Pro- Proviso.

male depart

SEC. 9. And the said academy when erected and in oper- Male and feation shall be arranged in male and female departments, and shall be open to all denominations of christians, and the pro- ments. fession of any particular religious faith shall not be required of any who may be elected as trustees, or who may be appointed as officers and teachers in said academy, or of those who may become students therein; all persons, however, may When perbe suspended or expelled from said institution by the trustees sons may be thereof, whose habits are idle or vicious, or whose moral char- expelled. acter is bad, or who refuses to comply with the rules and bylaws of the institution.

SEC. 10. If at any time this corporation shall act contrary

to the provisions and intent of this charter, or shall in

any manner abuse the powers herein granted, it shall be Duty of Attor the duty of the Attorney General to file an information in the ney General. nature of a quo warranto, for the purpose of vacating and annulling this act and the powers herein granted. Provided, however, In case the charter is in that event annulled and va- Charter may be vacated. cated, the trustees of said institution shall have the power of selling and disposing of all the property, real and personal, for the benefit of the stockholders, the proceeds of which shall by the said trustees be paid over to the owners within three years from the time of such sale and disposition: And provided, also, That in case of neglect or refusal by said Proviso. trustees to pay over the money as aforesaid within the time aforesaid, the stockholders may institute a suit or suits in law or equity against such jointly who shall be liable to the amount of the real and personal property belonging to said institution and costs of suit.

&c.

Sec. 11. That in case it should happen that an election of trustees should not be made on any day when pursuant to Election not this act it ought to have been made, the said corporation shall held on day, not for that cause be deemed to be dissolved, but that it shall be lawful on any other day, to hold and make an election of trustees in such manner as shall have been regulated by the by-laws and ordinances of said corporation.

Approved February 17, 1841.