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COLLEGES AND ACADEMIES.

1. Trustees a corporation.

(Art. 2 of title I. of ch. 15 of Part I. of R. S. of 1830.)

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

2. Meetings.

§ 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 trustees. †

3. Notices thereof.

§ 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 resident in such county, shall be previously notified in writing, of the time and place of such meeting.+

4. Seniority.

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

5. Quorum.

$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 busi

ness.

* 2 R. L. 262, § 6.

Id. 266, §§ 4, 5, 6, 7 and 8.

† Id. and p. 266, §§ 4, 5, 6, 7 and 8. | Id.

§ Id.

6. Powers of trustees.

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:

2. Upon the death, 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:

3. To declare vacant the seat of any trustee, who shall absent himself, 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:

7. To appoint a president of the college, who shall hold his office 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.

7. Effect of diplomas.

*

§ 37. Every diploma granted by such trustees, shall entitle the possessor 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.†

8. No religious test.

(Title I. art. 5, ch. 15, Part I. of R. S. 1830.)

$60. [Sec 49.] No religious qualification or test shall be required from any trustee, president, principal or other officer of any incorporated college or academy, or as a condition for admission to any privilege in the same.

9. Trustee.

50. No professor or tutor of any incorporated academy shall be a trustee of such academy.

by Laws of 1876, ch. 132.]

10. When trustee not to vote.

[Thus amended

§ 51. No president, professor or tutor of any incorporated college, or principal of any incorporated academy who shall be a trustee, shall have a vote in any case relating to his own salary or emoluments. § [Thus amended by Laws of 1876, ch. 132.]

* 2 R. L. 262, § 6, and p. 266, §§ 4, 5, 6, 7 and 8.

Id. 265, § 18.

+ Id. § Id.

11. No president, etc., to be regent.

§ 52. No president, principal or other officer of any such college or academy shall be a regent of the university.*

12. No trustee to be regent, and no regent trustee. § 53. No trustee of a college or academy shall act as a regent of the university, and no regent of the university shall act as trustee of any college or academy; and if any such trustee shall be appointed a regent, or a regent be appointed a trustee, he shall elect in which office he will serve, and give notice of such election to the authority by which he shall be appointed, within sixty days from the time of his appointment, otherwise such appointment shall be void.†

[Sec. 54 was repealed by L. 1834, ch. 140.]

13. Returns to regents.

§ 55. Every college and academy that shall become subject to the visitation of the regents, shall make such returns and reports to the regents, in relation to the state and disposition of its property and funds, the number and ages of its pupils, and its system of instruction and discipline, as the regents shall from time to time require.

14. Saving clause.

§ 56. Nothing contained in this chapter shall be construed to alter, or in any manner affect, any charter heretofore granted by the legislature, or by the regents of the university, to any college or academy.‡

15. Rules for incorporating, etc.

(Laws of 1853, ch. 184.)

SECTION 1. The regents of the university shall, by gen

* 2 R. L., 265, § 18.

† Id. and § 19.

Id. 262, § 8. See L. 1835, ch. 123, at end of art. 4, ante.

eral rules and regulations, to be established by them from time to time, prescribe the requisites and conditions for the incorporation by them of any college, university, academy or other institution of learning, pursuant to the power vested in the said regents by the act entitled "An act relative to the university," passed April 5, 1813, and by the Revised Statutes of this state. The said regents are hereby empowered, at any time, by an instrument under their common seal, which shall be recorded in the office of the secretary of state, to incorporate any university or college, or any academy, or other institution of learning, under such name, with such number of trustees or other managers, and with such powers and privileges and subject to such limitations and restrictions, in all respects as may be prescribed by law, or as the said regents may deem proper in conformity thereto; and every institution so incorporated, in addition to the powers which may be vested in them as aforesaid, shall have the general powers of a corporation under the Revised Statutes of this state.

16. Charters may be amended and repealed.

§ 2. The said regents may at any time, on sufficient cause shown, and by an instrument under their common seal, to be recorded as aforesaid, alter, amend or repeal the charter of any college, university, academy or other institution of learning, which may hereafter be incorporated by them; and may, on the petition of any college, academy or other institution of learning in this state, now existing and subject, or which may hereafter become subject to their visitation, alter or modify the charter, and the rights, powers and privileges of such institution, in such manner and on such terms and conditions as they may deem proper.

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