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1863. $ 3. That the said trustees, and their

successors, by the Way sue and be

name and style of “The Trustees of Flemingsburg Col. wed, &c.

lege,” as aforesaid, shall be capable, in law, to sue and be sued, plead and be impleaded, in any court or courts of record, before any judge or judges or justices within this state and elsewhere, in all manner of suits, complaints, pleas, causes, matters, and demands of whatsoever kind, nature, or form they be, and all and every other matter and thing therein to do in as full and effectual a manner as any per: son or persons, bodies politic or corporate of like nature within this State may or can do.

4. That in case of death, resignation, or refusal to act Vacancies-bow of any of the before named twenty-one trustees, the reMiled.

inaining trustees of said institution shall proceed, at their fi:st meeting thereafter, to fill the vacancy, thus keeping up the full nuinber of twenty-one trustees of said college. And whenever any trustee shall absent himself from three stated semi-annual meetings, without good cause assigned at the fourth, the trustees remaining of said college shall have power to declare his seat vacant, and, upon entering the same upon their minutes, proceed to the election of trustee to fill such vacancy.

9 5. That the trustees of the Flemingsburg College, beOnth to be tokin, fore they enter upon the trust reposed in them, shall sever& before whom. ally take the following onth of office, to be administered

to them by any justice of Fleming county, or before the county court of the county in which said trustee may re. side; and when the affidavit shall be made before a jus. tice of the peace the same shall be returned by the trustee making the oath to the clerk of the county court of Fleming county, to be by him recorded without fee. That is to say, "I do swear or affirm, that I will, to the best of my skill and judgment, faithfully and truly dis. charge the duties of a trustee of the Flemingsbury college, pursuant to the laws and constitution of Kentucky, the constitution of the United States, and the charter granted by

this act, without favor, affection, or partiality. So help me Omcers to be God.” And the said trustees shall thereupon hare the appointed, and treasurer to give power to appoint, out of their own body, a president of the

board, a treasurer, and a secretary; and the treasurer so appointed, shall give bond with security, in such penalty as the trustees shall think proper, payable to the Coinmon. wealth of Kentucky, for the use of said; which hond shall, by the treasurer and his securities, be acknowledged before thr clerk of the Fleming county court, and by him certified and recorded in his office, a copy of which shall be evi. dence against said treasurer and his securities, their heirs, executors. or adıninistrátors, in any suit or motion made against them for a breach thereof, and shall be conditioned for the true and faithful discharge of his duty as a treas. urer of said college, and for the safe keeping of all mo.

hood.

neys, bonds, notes, deeds, mortgages, trusts, or other prop- 1863. erty belonging to said college, which shall be put into, or froin time to time come to his hands, which bond may be venewed as often as ihe said trustees may require. And it shall be the duty of said treasurer to receive, and safely keep, all moneys, bonds, notes, obligations, or conveyances of real, personal or mixed property belonging to the said college, and shall not pay out any money belonging to said college unless upon the order of the president, countersigned by the secretary; and for any breach of said bond the said treasurer may be proceeded against before the circuit court of Fleming county, in the same manner as may be lawful against delinquent officers; and the said treasnrer shall, moreover, once in every year, and as much oftener as the trustees may require, render to said trustees ai account of all moneys in his hands, and all inoneys by him paid out, stating particularly from whom received and to whom paid; and in case the said treasurer shall fail or refuse to perform any of the duties required of him by this act, the trustees of said college shall have the power to declare his office vacant, and proceed to the election of a treasurer to fill such vacancy, to whom the former treasurer shall, upon the order of the board, signed and countersigned as aforesail, pay and deliver over all moneys and oiher property in his hands belonging to the said college. And it shall be the duty of the secretary to keep a fair re

Duties of socie cord of all the proceedings and orders of the board of trustees, and at the close of every session lay them before the president for the time being, for his signature; and moreover, to do and perform all and every other act or acts which, by this charter, may be required of him, or which may be necessary for him to do, for the purpose more effectually of carrying into execution the powers vested in the trustees of said college.

6. That it shall be the duty of the president of the Putlos of prest board to preside at the meetings of the trustees, to preserve order, and put the question upon all subjects which shall come before the board for their decision; and also to do and perform such other acts as may be required of him; and in case of his absence, by death, resignation, or refusal to act, the trustees shall proceed to appoint another of their own body to fill the vacancy; and in case his absence is o ly temporary to appoint one of their body pro tem. And all votes given at any meeting of said trustees shall be viva voce. $7. That the said trustees and their successors shall

Power of tros

leer to have have full power and authority to have, make, and use wol. a common seal, with such devices and inscriptions as they may think proper, and the same to change, break, al. ter, and renew at pleasure; and shall also, from time to time, and at all times hereafter, forever have full power

tary.

dent

1863. and authority to constitute and appoint, in such manner as

To appoint they may think best and most convenient, a president and president and necessary and proper professors, tutors, masters, and assist. professores

ants for instructing the students and scholars of said college in all the liberal arts and sciences, and in the ancient and modern tongues and languages, who shall be severally styled professors of such arts, sciences, or languages as they shall be nominated and appointed to teach, according to each particular nomination or appointment; and the said president and professors, as constituted and appointed from time to time, shall be known and distinguished by the name of “ The President and Professors of the Flemingsburg College ;” and in that name shall be capable of exercising such powers and authorities as the trustees of the said college and their successors shall, by their ordinances, think necessary to delegate to them, for the instruction, discipline, and government thereof, and of all the students, scholars, and officers belonging to the same.

Ø 8. That the said trustees and their successors shall Meetingo of meet at least twice every year, in stated semi-annual meetruslees.

ings, to be appointed by their own ordinances, and at such other times as by their said ordinances they may direct, in order to examine the progress of the students and scholars in literature, and upon all matters relative to the discipline of the college, and the good and wholesome execution of of their ordinances; in all which examinations, ineetings, and determinations a majority of said trustees shall be a quorum ; and they shall also have the power and authority, at any of their stated semi-annual meetings, 10 make, pass, and establish Tundamental ordinances not contrary to ihe constitution or laws of the State, as by them shall be thought necessary for the government of said college, and the instruction of youth aforesaid ; and by them to delegate to the president and professors of said college such powers and authorities as they may think best for the standing government of' said college, and of the execution of the ordinances and rules of the same ; and the same, when made, shall, at any stated semi-annual meeting aforesaid, have power to alter, repeal or annul, as they may think proper; and shall have power and authority to do all things they in their judgment shall think will promote

the interest of the said college, consistent with this charter, and not repugnant to the constitution and laws of this State or of the United States: Provided, nevertheless, That for the sake of securing perpetual peace and harmony between the board of trustees and the board of president and professors, all laws, ordinances, rules, and regulations pertaining to the interior regulations and manageinent of the institution shall be subject to the following provision: the president and professors niay suspend any such laws and' ordinances made by the board of trustees which they

.

Trustees may admit gratuit

Public examtnations to

may find to operate injuriously, until a meeting of the 1363. board shall take place; but it shall be the duty of the president of the institution, immediately, to give the president or secretary of the board of trustees notice thereof in writing, stating the law or ordinance, rule or regulation thus suspended, and the cause of such suspension ; and it shall be the duty of the president, or, in his absence, of the secretary of the board of trustees, to call a meeting of said tru-tees so soon as they can be conveniently assembled, and when so assembled, said trustees shall decide whether or n't the ordinance, rule, or regulation, thus suspended, shall be executed or shall stand suspended until the stated seni-annual meeting.

§ 9. That the said trustees and their successors are au. thorized, so far as their funds may warrant, to adinit gra- cuny. tuitously, in whole or in part, as their re-pective cases may require, such person or persons as they may think proper; and that the trustees are authorized to receive subscriptions, donations, and bequests, either in money, personal, real, or mixed property, as a fund to meet the expen litures required in the support of said institution, or in effecting this benevolent purpose, and to take such measure, ai they conceive proper to aug:nent sail find.

§ 10. That for the purpose of animating and encourag. ing the students of said institution to a laudable diligence, helj. industry, and progress in useful literature and science, the said trustees and their successors shall have full power and authority, once in every year, or oftener as they by an ordinance shall direct, to hold public commencements in the presence of the president and professors, and in the presence of as many gentleinen of liberal education and others as inay choose to attend; prior to which time they shall cause all the students in the said institution to be carefully examined by the president and professors of said institution on the several branches of learning which they have respectively studied, that the fidelity of the teachers and the diligence of their pupils may appear.

Ø 11. That the money, goods, and other property belong. Property ox ing to said college, in the State of Kentucky,'shail be for empl

. rcom tar ever free and exempt froin public taxation of every kind whatever.

$ 12. That this charter and act of incorporation, and every part thereof, shall be good and available in all things in the law, according to the true intent and meaning there. of, and shall be construel, reputed, and a ljulged in all caves in it favorable in the behalf of said trustees and their successors, so as in ist effectually to answer the end of this corporation, toward the general a lvancement and promotion of useful knowledge, science, and virtue.

1863.

§ 13. That the Legislature, at all times hereafter, reserve to themselves the power to change or repeal the charter hereby granted.

Approved February 4, 1863.

names and cor

CHAPTER 778.
AN ACT to incorporate the Vanceburg Male and Female School.

Whereas, a number of persons in Lewis county, Kentucky, have associated themselves together for the purpose of establishing a male and female school, in the town of Vanceburg, and have subscribed money for the purchase of land and erection of building suitable for that purpose, and have elected William C. Halbert. Thomas D. Parker, George M. Thomas, Thomas H. Thomas, John C. Ingram as trustees to manage and conduct the same-Therefore, 10 legalize said association, and to promote its objects,

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That William C. Halbert, Thomas D. Parker, Geo. Corporators' M. Thomas, Thomas H. Thomas, and John C. Ingram, and porute powers. their successors, be and they are hereby constituied a body

corporate, under the name and style of the Vanceburg Male and Female School ;” and by that name they shall have perpetual succession, with power to adopt and use a common seal, and change the same at pleasure, to make contracts for the benefit of said school ; to sue and be Bued; to receive and hold such real and personal property as may be donated to the school or purchased for its use; to appoint teachers; to conter literary degrees, and to make such by-laws, rules, and regulations as, in their judg: ment, may be necessary for the successful management of the school, and to admit such pupils as they may think best.

$ 2. The stock subscribed for the purchase of land, erecBlock, and how tion of buildings, and making all necessary improvements, voted.

shall be divided into shares of ten dollars each ; and each stockholder shall be entitled to one vote for each share so subscribed, in electing truslees, &c. and subscribers and stoc. holders can vote by written proxy.

§ 3. The naines of the stockholders, with the amount of Names of stock their stock, shall be entered in a book kept for that purholders to be entored in book. pose, by the secretary; and no stock shall be transferred

from one person to an 'ther, except the transfer be made upon said book.

4 The officers of this association shall consist of five Oficers. trustees, who shall appoint a president, secretary, and a

treasurer.

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