§ 3728. Who constitute the faculty; its powers—

The president and professors shall constitute the faculty of any incorporated literary college or university, and may enforce the rules and regulations enacted by its trustees for the government and discipline of the students, and suspend and expel offenders, as may be deemed necessary. 50 v. 128 6; S. & C. 267.

§ 3729. May teach mechanics and agriculture

Any incorporated university, college, or academy may connect therewith, to be used as a part of its course of education, any mechanical shops and machinery, or lands for agricultural purposes not exceeding three hundred acres, to which may be attached all necessary buildings for carrying on the mechanical or agricultural operations of such institution. 50 v. 128, 8; S. &

C. 267.

$ 3730. May change stock into scholarships

Any company formed in pursuance of this title, or which now exists by virtue of any special act of incorporation, the property of which is held as stock, and not derived by donation, gift, devise, or gratuitious subscription, may change its capital stock into scholarships, when it becomes necessary for the purpose of carrying out the object for which it was formed, in the manner provided in section thirty-two hundred and sixty-two. 50 v. 128, $$ 9, 10; S. & C. 268.

§ 3731. Location may be changed, and how

A college, university, or other institution of learning, now existing by virtue of any act of incorporation, or that may hereafter become incorporated for any of the purposes specified in this chapter, may, if three-fourths of the trustees or directors thereof deem the same proper, or if the institution is owned in shares, or by stock subscribed or taken, by a vote of the holders of threefourths of the stock or shares, change the location of such institution, convey its real estate, and transfer the effects thereof, and invest the same at the place to which such institution may be removed; but no removal shall be ordered, and no vote taken thereon, until after publication in the manner provided in the last section, in which notice shall be fully set forth the place to which it is proposed to remove such institution; and, in case of

removal, a copy of the proceedings of such meeting shall be filed with the secretary of state. 52 v. 77, § 12; S. & C. 268.

$3732. When and how college endowment fund diverted

The trustees of a corporation incorporated for the purpose of creating, holding, and managing a college endowment fund, the articles of incorporation of which provide that the fund may be applied to any object not inconsistent with the purposes of education different from that particularly specified therein, may apply to the court of common pleas in the county where the corporation is located for permission to make such change, designating particularly the purposes to which it is proposed to apply the fund; and the court, on being satisfied that such change is not inconsistent with the object of the original creation and institution of the fund, shall authorize and sanction the change. 51 v. 393, 2; S. & C. 269.

The property of a private eleemosynary corporation, although charged with the maintenance of a college or other “public charity" is private property, within the meaning and protection of that clause of section 19, of article 1, of the constitution of this state, which declares that "private property shall ever be held inviolate." The result of the statute of April 15, 1892 (89 O. L. 647), giving absolute control and management of the affairs and property of the Cincinnati College to the directors of the University of Cincinnati, is to take the property of the former and donate it to the latter. The statute therefore conflicts with section 19, of article 1, of the constitution of this state, and is void. Ohio v. Neff, 52 Ohio St. 375.

The creation of a fund to pay debt of educational institution is not a consideration for a written promise to contribute thereto, where nothing has been done in reliance on such promise; and acceptance of the promise, agreeing to use the money exclusively to pay the debt, does not give rise to a case of mutual promises which would enable the corporation to collect the note. Johnson v. Otterbein Univ., 41 Ohio St. 527; distinguished in Irwin, Admır., v. Lombard Univ., 56 Ohio St. 9, where it is held that "The consideration for a promissory note executed to an incorporated college is the accomplishment of the purposes for which it is incorporated and in whose aid the note is executed; and such consideration is sufficient."

$ 3733. How vacancies in board filled in certain cases

Whenever there occurs a vacancy, in whole or in part, in the board of trustees of an incorporated college, seminary or academy, by reason of an amendment of the charter in such corporation, or from any other cause, and there is no provision of law for filling such vacancy, the governor shall, within three months after receiving information thereof, appoint the required number of trus

tees, one-third thereof to serve for one year, one-third to serve for two years, and one-third for three years. 75 v. 25, § 2.

§ 3734. Certain corporations may increase their property -Bonds in anticipation of donations

A college, university, academy, seminary, or other institution devoted to the promotion of education, now existing by virtue of any special act of incorporation, or organized under the provisions of any law, whose property is derived and held by donation, gift, purchase, devise, or gratuitious subscription, and the amount of which, or the income arising therefrom, is limited by such special act, or by the articles of association adopted by such institution, may receive, acquire, possess and hold hereafter any amount of property, real, personal or mixed, which its board of directors or trustees shall deem it advisable for the institution to accept, and may, by its trustees, sell, dispose of and convey the same, but such property shall not be diverted from the express will of the donor, devisor or subscriber. The board of trustees of any such college, university, academy, seminary, or other institution devoted to the promotion of education, in anticipation of donations to be received and collections to be made, may, for the purpose of constructing, enlarging or adding to any college buildings or improvements, borrow such sum of money as they may determine necessary for such purpose, and may issue bonds therefor and secure the same by a mortgage upon the property upon which such improvement is to be made, provided such property is not held by them under some specific trust. go O. L. 7I.

$ 3735. Statement to be made and filed

Before any such institution shall be authorized to acquire and hold such additional property, the trustees thereof, at a regular meeting of their board, or at a special meeting called for that purpose, shall, from time to time, make and sign a statement specifying the amount of such additional property which they seek to acquire and hold, and shall set forth therein the purposes to which it is to be devoted, which statements shall be entered at large upon the record book of the trustees and be filed in the office of the secretary of state. 90 O. L. 71; S. & C. 368.

§ 3736. How certain boards may be constituted and governed

The board of trustees of any university or college heretofore incorporated, and now under the patronage of four or more conferences or other religious bodies of any religious denomination, may accept the provisions of this and the nine succeeding sections, by resolutions adopted at any regular meeting of the board, and entered upon the record of its proceedings; and after such acceptance the board shall in all respects be organized, constituted, regulated and perpetuated pursuant to and under said provisions; but no right acquired by any such board, or any such university or college, under its charter, or any law of this state, shall, in any way, be affected by said provisions. 65 v. 188, § 1. S. & S. 106.

$ 3737. Trustees to be divided into classes

At a meeting of such board held after a vacancy occurs therein it shall fill such vacancy, or if more than one vacancy has occurred, then one of them, by appointing the president of the university or college a trustee, and the president of such university or college shall, ex officio, be a trustee perpetually thereafter; the board shall also, at such meeting, divide its number, excluding the said president, and including all vacancies except the one he is so appointed to fill, into classes, corresponding in number to the number of conferences or other religious bodies at the time patronizing such university or college, such classes to have in each an equal number of trustees, as near as may be; and the board shall assign one of such classes to each of the conferences or other religious bodies, and thereafter each may fill any and all vacancies in the class so assigned to it. 65 v. 188, § 2. S. & S. 106.

§ 3738. Term of office of trustees-How vacancies filledWhen the classes of trustees are formed, as provided in the preceding section, the term of office of one of the trustees in ' each of the classes, to be selected by lot in open session of the board of trustees, shall expire each year, and the persons thereafter elected as trustees shall act as such for a term of years equal in number to the number of trustees in any class, except as hereinafter provided; but the term of office of a trustee shall not expire during any meeting of the board which does not continue for

more than two weeks; and vacancies which occur in any class of trustees otherwise than by the expiration of term of office shall be filled only for the remainder of the term. 65 v. 188, 3; 70 V. 157, § I. S. & S. 107.

§ 3739. Trustees at large

If the number of the conferences or other religious bodies patronizing any such university or college, the board of trustees of which has been divided into classes as hereinbefore provided, be increased to not exceeding six, the board of trustees shall be enlarged to the extent of one additional class of trustees for each of such additional conferences or other religious bodies, such additional classes to have in each a number of trustees equal to the number in any one of the former classes; and each of such additional conferences or other religious bodies may elect, as members of the board, the number in its class, one for one year, one for two years, and one for three years, and so on to the extent of the number; and each of such additional conferences or other religious bodies may fill any vacancy in its class. And such board of trustees composed according to the foregoing provisions, and the provisions of section thirty-seven hundred and forty-seven of this chapter, without regard to the number of members so composing it, may increase its own numbers by the election of trustees at large, not exceeding the number of conferences or other religious bodies co-operating with or patronizing such university or college, and may divide such trustees at large into classes, at its discretion. 89 O. L. 119.

§ 3740. When the number in a class is to be reduced

If the number of such patronizing conferences or other religious bodies at any time exceed six, the representation of each shall be reduced by lot, in open session of the board of trustees, to a class of three trustees, if they exceed that number, who shall thereafter be elected to serve as trustees for the term of six years, and in that case the term of office of one trustee in each class shall expire every second year. 65 v. 188, § 5. S. & S. 107.

§ 3741. A conference may become a patron by consent of

other bodies

Any conference or other religious body, not patronizing any