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of the vestry, and sign his name thereto, and offer the same to as many of the electors as he shall think fit, to be by them also signed and certified; and the church wardens and vestrymen shall hold their offices until the next first Monday after Easter, or until their successors be chosen, and shall have power to call a rector to such church or congregation, as often as there shall be a vacancy therein. Whenever any vacancy shall happen in said vestry before the stated annual election, by death or otherwise, the said vestry shall have power to supply such vacancy: Provided, however, that no meeting of such vestry shall be held unless previous notice thereof being [be] given by the rector, or if he be absent, by one of the church wardens; and the said vestry shall not be competent to transact any business unless the rector, if there be one, and a majority of the vestrymen be present, and such rector, if there be one, and if not, then the church warden present, or if both the church wardens be present, then the church warden who shall be called to the chair by a majority of voices, shall preside at every such meeting and have the casting vote.

society to be]

tces elected

Sec. 3. That all lands, tenements and hereditaments that have All property conveyed in been or may be hereafter conveyed by devise, gift, grant, purchase trust for or otherwise, to any persons as trustees in trust for the use of any held by trusreligious society organize, or which may be hereafter organized by society. in connection with the methodist episcopal church within this state, either for a meeting house, burying-ground, or residence of a preacher, or otherwise, for the use of such society, shall descend with the improvements and appurtenances, in perpetual succession to and shall be held by such trustees in trust for said society, as shall from time to time be elected or appointed by any such religious society, according to the rules and regulations of such societies respectively: Provided, such rules and regulations do not contravene the provisions of the constitution of the United States or the constitution and laws of this state.

defend and

law and in

Sec. 4. The trustees for the time being of any religious so- Trustees'may ciety, shall have the same power to defend and prosecute suits prosecute at at law or in equity, and do all other acts for the protection, im- equity. provement and preservation of said property, as individuals may do in relation to their individual property.

to divest for

Sec. 5. That no such society shall be divested of its right, title Property not and interest in any such lands, tenements and hereditaments, by want of reason of there being no trustees at any time duly elected or ap

trustees.

Society to be subject to act

is an amend

ment.

pointed; but the same shall remain the property of such society, and may be managed, controlled and descend according to the rules and directions of such societies respectively, by such trustees as shall from time to time be elected for that purpose.

Sec. 6 All churches or religious societies which may be orgato which this nized under this act, and shall also be subject to the provisions of the act to which this is amendatory, so far forth as may be applicable and not inconsistent with the provisions of this act, and so much of the act to which this act is amendatory, and of all other acts as contravenes the provisions of this act, be and the same are hereby repealed.

Legislature may alter or repeal act.

Sec. 7. The legislature may, at any time hereafter, alter, amend or repeal this act.

Approved April 11, 1839.

Trustees

body politic;

[No. 50.]

AN ACT to incorporate the trustees of the Grand River theological seminary.

Section 1. Be it enacted by the Senate and House of Repretheir powers. sentatives of the State of Michigan, That from and after the pas

sage of this act, Isaac Jennings, Thomas Blossem, John J. Shipherd, Josiah Yale, Erastus Ingersoll, Charles W. Gurney, Samuel Chadwick and E. P. Ingersoll, be and they are hereby constituted, ordained and declared to be a body corporate and politic, in fact and name, to be styled "The trustees of Grand River theological seminary;" that by that name, they and their successors, shall and may have perpetual succession, and shall be persons in law capable of suing and being sued, of pleading and being impleaded, of answering and being answered, of defending and being defended in all courts of record whatever, and in all manner of suits, actions, complaints, matters and causes whatever; and that they and their successors may have a common seal, and change and alter the same at their pleasure; and that they and their successors, by the name of "The trustees of the Grand River theological seminary," shall be in law capable of acquiring and holding, by purchase, gift, grant, devise, bequest or otherwise, and of selling, conveying or leasing any estate, real, personal or mixed, for the use of said corporation; and that they and their successors shall have full

powers to make and enter into contracts; to make such rules and by-laws as they may deem necessary for the good government and success of said institution: Provided, That such by-laws are not inconsistent with the constitution and laws of the United States or of this state.

buildings at

Sec. 2. Said trustees of Grand river theological seminary, shall May erect have power to erect, in the village of Orion, in Eaton and in Orion. Clinton counties, (the county line running through the village,) such buildings as they may judge the interests of the institution shall at any time demand.

their num

tweive; fill

appoint

Sec. 3. That the several individuals named above as trustees, May increase shall have power to increase their number to twelve; that they bers to and their successors shall have power to fill all vacancies in their vacancies; own body which may be occasioned by death, resignation or president otherwise, to appoint a president of said seminary, who shall, exofficio, be president of the board of trustees, and have the power of giving the casting vote in case of an equal division; and three trustees, together with the president, shall constitute a quorum for the transaction of business.

apply funds.

Sec. 4. The board shall faithfully apply all funds in their pos- To faithfully session in such a manner as, in their judgment, will most promote the interest of the institution.

Sec. 5. The president and several professors of the seminary Faculty. shall constitute the faculty, who shall have power to govern the students and all the internal regulations of the institution.

of professors.

Sec. 6. All professors shall be appointed by the board of trus- Appointment tees with the concurrence of the faculty.

against cor

Sec. 7. All process against said corporation shall be by sum- Process mons, and the service of the same shall be by leaving an attested poration. copy thereof with the president of said seminary, or in his absence

at his last usual place of abode, at least five days previous to the return day thereof.

be divided

Sec. 8. At the first meeting of said trustees, they shall divide Trustees to themselves into three classes of four members each, exclusive of into classes. the president; the term of office of the first class shall terminate at the end of the first year, the term of office of the second class shall terminate at the end of the second year, and the term of office of the third class shall terminate at the end of the third year, so that one third part of the trustees shall be chosen annually.

Act to be favorably construed.

Legislature may repeal

act.

Sec. 9. This act shall be favorably construed to effect the purposes thereby intended, and the same is hereby declared to be a public act, and copies thereof printed by the authority of the state, shall be received as evidence thereof in all the courts of this

state.

Sec. 10. The legislature shall have power at any time to amend or repeal this act by a vote of two-thirds of both branches thereof.

Approved April 11, 1839.

Body corporate and

politic.

[No. 51.]

AN ACT to incorporate the Marshall female seminary.

Section 1. Be it enacted by the Senate and House of Represen tatives of the State of Michigan, That from and after the passage of this act, Sidney Ketchum, Oliver C. Comstock, Azrah C. Robinson, Jabez S. Fitch, James P. Greves, Thompson S. Hollister, Samuel Buel, Daniel Hudson, and James W. Gordon, of the county of Calhoun, and their successors, be and they are hereby constituted, ordained and declared a body corporate and politic, under the name and style of "The Marshall female seminary" that by that name, they and their successors shall and may have perpetual succession, and shall be persons in law, capable of suing and being sued, pleading and being impleaded, answering and being answered, defending and being defended in all courts of record whatever, and in all manner of suits, actions, complaints, matters and causes whatever; and that they and their successors may have a common seal, and change and alter the same at their pleasure; and that they and their successors, by the name of the "Marshall female seminary," shall be in law capable of acquiring and holding by purchase, gift, grant, devise, bequest or otherwise, and of selling, conveying or leasing any estate, real, personal or mixed, for the use of said corporation; and that they and their successors shall have full power to make and enter into contracts; to make such rules and by-laws as they may deem necessary for the good government and success of said institution: Provided, Such by-laws are not inconsistent

Y

with the constitution and laws of the United States or of this state.

institution

Sec. 2. Said corporation shall have power to establish at such To establish time and at such place, in or near the village of Marshall, in the for education

county of Calhoun, as may be judged best, an institution for the education of females, suited to the wants and demands of the

of females.

surrounding country.

Sec. 3. That there shall be nine trustees of said seminary: Trustees. Provided, nevertheless, That no more than three of said trustees shall be taken from any one denomination of christians, and that Sidney Ketchum, Oliver C. Comstock, Azrah C. Robinson, Jabez S. Fitch, James P. Greves, Thompson S. Hollister, Samuel Buel, Daniel Hudson and James W. Gordon, shall be such trustees, and have and exercise the power and franchise herein granted, until others be appointed in their place; they and their successors shall have power to fill all vacancies in their own body, which may happen by death, resignation or otherwise; they shall appoint one of their number president of said seminary, who shall be ex-officio president of the board of trustees, and have the power of giving the casting vote, in case of an equal division; a majority shall constitute a quorum for the transaction of business.

to be expend

Sec. 4. The board of trustees shall faithfully apply all funds, Funds how in money or otherwise, by them collected, received or acquired, ed. according to their best judgment, in erecting suitable buildings, supporting the necessary officers and teachers, in procuring books, maps, or other articles necessary to insure the success of said seminary.

against cor

Sec. 5. All process again such corporation shall be by sum- Process mons, and the service of the same shall be by leaving an attested poration. copy thereof with the president of said seminary, or in his absence, at his last usual place of abode, at least six days previous to the return day thereof.

favorably

Sec. 6. This act shall be favorably construed to effect the Act to be purposes thereby intended, and the same is hereby declared a construed. public act, and copies thereof printed by authority of the state, shall be received as evidence thereof in all courts of this state. Sec. 7. The legislature shall have the power, at any time, of Legislature amending or repealing this act, by a vote of two-thirds of both act. branches.

Approved April 11, 1839.

may repeal

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