servants by ballot, and a majority of said trustees shall be suf. All officers eficient in all cases to transact the business of said corporation. lect lected by balSEC. 10. Not over forty acres of land shall be held by said academy, for the sole use and occupation of the buildings Lands to be and appendages connected therewith.

held

SEC. 11. That on the payment of twenty dollars to the treasurer, every free white person shall be considered a Who may be stockholder, and be entitled to one vote, and that it shall be stockholders lawful for each and every stockholder for the time being of said academy, his executors, administrators or assigns, to give, sell, devise and dispose of their respective rights or shares in said academy, and such donee or purchaser shall be entitled to all the rights of the original holder.

Comm's to re

SEC. 12. Joseph Naper, Stephen 1. Scott, Lewis Ellsworth, C. B. Hosmer, Erastus W. Wight, Nathan Allen, jr. Samuel Anderson, and James Warren be, and they are hereby appointed commissioners to solicit and receive subscrip- ceive subtions of stock to said institution, and give receipts for the scriptions to same; and when the sum of fifteen hundred dollars of stock stock is subscribed, said commissioners, or any three of them, shall be authorized to give public [notice in some] newspaper, of the Notice of e time and place of holding an election of trustees of said institu- lection for tion, which first election shall be held at some convenient place in Naperville, between the hours of twelve M. and six P. M., on said day, and the said commissioners, or any of them, may act as judges of said election.

trustees

SEC. 13. The second election of trustees, and any subTime & place sequent one, shall be held on the first Monday of January, an- of annual enually, at the academy, between the hours of twelve M. and lections six P. M. on said days.

SEC. 14. Each stockholder shall be required, at or before Amount to be the first clection for trustees, to pay to said commissioners paid on subfive dollars on each share by him or her subscribed, and the scription residue in six months thereafter, or the amount paid by him shall be forfeited.

SEC. 15. All elections for trustees shall be by ballot, with the name of the voter or stockholder written on the ballot, All elections by ballot and the number of shares of stock he or she holds in said institution, and which ballot, after the first election shall be given to the treasurer, or clerk of the board of trustees, a majority of whom shall act as the board of election.

SEC. 16. The said academy, when erected and in opera- Academy otion, shall at all times be open for the use and privileges of pen to all every free white person who may

wish to be instructed there, if such free white person will comply with the laws and bylaws, and pay the sum affixed by the said trustees for the instruction of students attending there.

holders

SEC. 17. Every free white person who may at any time Who may betender the sum of twenty dollars to the treasurer of the come stockacademy, it shall be the duty of the treasurer to accept the same and give him a certificate as a stockholder.

This act may

SEC. 18. If at any time the corporation shall violate the be made void provisions of this charter, it shall be the duty of the Attorney General to file an information in the nature of a quo warranto for the purpose of vacating this [act:] Provided, In that case the trustees shall have the right of selling all the property, real and personal, belonging to said corporation for the sole benefit of the stockholders, who shall be entitled to the same, as soon as it is collected, and shall then be considered as money paid to the use of the said stockholders.

When elections are o

be held at other times.

SEC. 19. That in case it should happen that an election of trustees should not be made on any day when pursuant to mitted, may this act it ought to have been made, the said corporation shall 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 27, 1841.

In force Jan. 7, 1841.

itic.

An ACT to incorporate the Benton Academy in Franklin County.

SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Walter S. Akin, John Ewing, John P. Maddox, Zachariah Sullens, Thomas Thompson, John Edgerly, Benjamin Smith, Daniel D. ThomPersons crea- as, Abraham Rea, William Browning, Able Ward, Silas M. ted body pol- Williams, John R. Williams, Elijah Taylor, Moses Neal, John Dillon, Robert T. Townes and Lemuel R. Harrison, be and they and are hereby constituted a body politic and corporate, to be known by the name and style of the "Trustees of the Benton Academy," and by that name shall have perpetual succession, and have a common seal, with power to change [it] at pleasure, and as such, shall be authorized to exercise all powers and privileges that are enjoyed by the trustees of any academy, college or university in this State not herein limited or otherwise directed.

Name
style.
Perpetual
succession.

Powers.

First meeting of trustees.

Location academy.

Powers trustees.

SEC. 2. That the said trustees, or a majority of them, shall hold their first stated meeting at the town of Benton, in the county of Franklin, on the first Monday of September next, or as soon thereafter as may be convenient, and they or a majority of them, shall, as soon as they think proper, fix upon of a permanent location for said academy, within one mile of the said town of Benton, and proceed to erect a building or buildings thereon as soon as convenient and the interest of said institution may require.

SEC. 3. The said trustees or their successors by the name of aforesaid shall be capable in law to purchase, receive and hold to themselves and successors, for the use and benefit of said institution, any lands and tenements not exceeding six hundred and forty acres at any one time, or rents, goods and

chattles, of what kind soever, which shall be given or devised [to,] or purchased by them for the use of said academy.

SEC. 4. The said trustees, by the name aforesaid, may sue and be sued, plead and be impleaded, in any court of law or equity in this State.

SEC. 5. In case a sufficient number of members do not Further powattend to constitute a board at any meeting, those who do at- ers. tend may adjourn to any day thereafter, or to the next stated meeting, and shall give ten days previous notice thereof.

SEC. 6. A majority of the members shall be a sufficient Quorum. number to constitute a board for the transaction of all business for said academy, except those cases particularly ex

cepted.

fixed.

how

SEC. 7. The assent of the majority of the whole number Salaries of ofof trustees shall be necessary to perform the following busi- ficers ness, to-wit: to fix the salary of the president, to fix upon the permanent seat of the academy, to alienate, sell or convey any lands, tenements or rents belonging to said academy.

SEC. 8. The trustees shall have power from time to By-laws and time to establish such by-laws, rules and ordinances not con- ordinances. trary to the Constitution or laws of this State, as they shall deem necessary for the government of said institution.

other officers.

SEC. 9. The trustees shall elect a president, treasurer President and and clerk to their own body, and so many inferior tutors or masters as may be necessary. SEC. 10. Upon the death, resignation or legal disability Vacancies, of any of the trustees, president or other officers of the said institution, the board of trustees shall supply the vacancy by ballot. ballot.

eupplied

trustees

by

by

to

SEC. 11. The treasurer of said institution, always, and all Officers give bond. other agents, when required by the trustees, before entering upon the duties of their appointments, shall give bond for the security of the corporation in such penal sum and with such securities as the board of trustees shall approve, and all pro- Process cess against the said corporation shall be by summons, and gainst corposervice of the same shall be by leaving an attested copy with ration the treasurer of the institution at least twenty days before the return day thereof.

served.

a

how

SEC. 12. The said institution and their preparatory de- Institution to partment, shall be open to all denominations of christians, be open to all and denominaprofession of any religious faith shall not be required of those tions. who become students. All persons, however, may be sus- When persons pended or expelled from said institution whose habits are idle may be suspended. or vicious, or whose moral character is bad.

SEC. 13. The president and other officers of said institu- Term of office tion shall be subject to the direction of the board of trustees, of trustees. and shall continue in office during good behaviour.

Special meet

SEC. 14. The president of the board of trustees shall have power to call special meetings of the said trustees, and ings. it shall be his duty upon the request of three of them to do

dies.

tion.

the same; but upon any called meeting ten days notice shall be given by the president previous to the meeting.

SEC. 15. The trustees of the corporation shall have authoCourse of stu-rity from time to time, to prescribe and regulate the course of studies to be pursued in said institution and in the preparatory Rate of fui- department attached thereto, to fix the rate of tuition, room rent and other coliege expenses, to appoint instructors and such other officers and agents as shall or may be needed in managing the concerns of the institution, to define their powCompensation of officers ers, duties, and employments; to fix their compensations, to displace or remove either of the instructors, officers and Buildings of agents, to erect the necessary buildings, to purchase books, corporation. chemical and philosophical apparatus, and other suitable System of ma- means for instruction, to put in operation a system of manual labor for the purpose of lessening the expense of education and promoting the health of the students, to make rules for the general management of the affairs of the institution, and the regulation of the conduct of the students, and to add, as the ability of the said corporation shall increase, and the indepartments. terest of the community shall require, additional departments for the study of any or all the liberal professions: Provided, however, That nothing herein contained shall authorize the establishment of a theological department in said institution.

nual labor.

Additional

Proviso.

trustee to be

vacated.

SEC. 16. If at any time a member of the board of trustees shall absent himself for three stated meetings successiveWhen seat of ly, or for some disorderly conduct, for good cause shown or approved of by the said trustees, in such case his seat shall be considered to be vacant, and the board shall proceed to fill his seat with a member: Provided, The trustees of said establishment shall at all times be accountable for their conduct in the managment of the business aforesaid, in such manner as the Legislature shall by law direct.

Proviso.

Approved, January 7, 1841.

In force, Feb. 17, 1841.

of new coun

tates, letters

have

An ACT authorizing Administrators to settle estates in particular cases.

SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in all cases which Probate court have heretofore occurred, or which may hereafter occur, ty to settle es- when by the division of any county in this State, the adminiswhen trator or administratrix to whom letters of administration may been granted have been granted by the probate court of such county, shall by old county by such division be placed beyond the limits of the county in which such letters may have been granted, then and in all such cases the probate court of such county shall be authorized to proceed and settle the estate upon which letters of administration may have been so granted, in the sanie manner as if no such division had occurred.

court.

SEC. 2. The probate court of any such county for the Powers purpose of settling any such estate, shall have power to issue all proper and necessary writs and process to any county in this State. Approved, Feb. 17, 1841.

An ACT to enable the Executors of James Hughes, deceased, to sell real estate for the payment of debts and redemption of land.

of

In force, Feb.

19, 1841.

WHEREAS, James Hughes, late of Kaskaskia, deceased, left at Preamble. the time of his death a considerable quantity of real estate unencumbered; and whereas, a short time previous to his death a large portion of his land was sold under execution. for a mere nominal price, the time for the redemption of which will very soon expire, and if the executors are compelled to await the slow process of a court of justice to obtain an authority to sell any part of the residue of said lands for the purpose of raising funds, the time for redemption will have expired, and the greatest and best part of the estate will be sacrificed. And whereas, Mary Ann Hughes, executrix and widow of said deceased, is the only heir to said estate, there being no children to be effected by this proceeding: therefore,

tate.

to

SEC. 1. Be it enacted by the People of the State of Illinois, Executor aurepresented in the General Assembly, That Samuel Crawford, thorized executor, and Mary Ann Hughes, executrix of the last will sell real esand testament of James Hughes, late of Kaskaskia, deceased, be and they are hereby authorized to sell at public vendue, on giving four weeks previous notice of such sale, so much of the real estate of which said James Hughes died seized, as will be sufficient to discharge the debts and redeem the lands of said deceased which have been heretofore sold under execution. This act to take effect from and after its passage. Approved, Feb. 19, 1841.

An ACT to Apportion the Representation of the several Counties in this

State.

In force, Feb.

26, 1841.

SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That until the next census, as provided by the Constitution, shall have been taken, and an apportionment made thereon, the following shall be the ratio of representation for this State, viz, that cach twelve Ratio of repthousand white inhabitants shall be entitled to one Senator; resentation. and each four thousand white inhabitants shall be entitled to

one Representative, to be apportioned and divided as follows, to-wit: The counties of Cook and Lake, one representative,

to be chosen from the county of Lake, and the county of Cook & Lake. Cook three representatives, and the two counties together, one senator, who shall be chosen from the county of Cook;