No. XLI. AN ACT to amend sections three and five of an act entitled "An act to amend section five of an act to divide the state into ten (10) judicial circuits, and fixing the time of holding circuit courts," approved February 4, 1869. SECTION 1. Amendment recited and times of holding court in third circuit, fixed. 2. Amendment recited and times of holding court in fifth circuit, fixed. SECTION 3. Writs of processes to be re- 4. Conflicting acts repealed. Be it enacted by the General Assembly of the State of Arkansas: SECTION 1. That section three (3) of an act entitled "An act to amend section five (5) of an act to divide the state into ten (10) judicial circuits, and fixing the time of holding circuit courts," approved February 4, 1869, be and the same is hereby amended so as to read as follows: The circuit courts of the third (3d) judicial circuit shall be held as follows, to-wit: In Izard county on the first (1st) Mondays of March and September; in Fulton county on the second (2d) Mondays of March and September; in Sharp county on the third (3d) Mondays of March and September; in Randolph county on the second (2d) Mondays after the third Mondays of March and September; in Lawrence county on the fourth (4th) Mondays after the third Mondays of March and September; in Jackson county on the sixth (6th) Mondays after the third Mondays of March and September; in Independence county on the ninth (9th) Mondays after the third Mondays of March and September. SEC. 2. That section five (5) of said act, be and the same is hereby amended so as to read as follows: The circuit courts of the fifth (5th) judicial circuit shall be held as follows, to-wit: In Benton county on the first (1st) Mondays of March and September; in Washington county on the third (3d) Mondays of March and September; in Scott county on the second (2d) Mondays after the fourth (4th) Mondays of March and Sep tember; in Sebastian county, for the Greenwood district, on the third (3d) Mondays after the fourth Monday of March and September; in Sebastian county (Fort Smith district) on the fifth (5th) Mondays after the fourth Mondays in March and September; in Crawford county on the eleventh (11th) Mondays after the fourth Mondays in March and September. SEC. 3. That all writs and processes returnable to said courts respectively shall be returned at the time specified in this act, with like effect as though no change in the time of holding said courts had been made. SEC. 4. That all acts and parts of acts in conflict with the provisions of this act are hereby repealed. SEC. 5. That this act take effect and be in force sixty days from and after its passage. Approved March 27, 1871. XLII. An Act entitled An act to incorporate institutions of learning. SECTION 1. What number may associate, 3. What number may call first 5. Succession and powers of corpo- SECTION 6. Gifts, etc., made to institution, not to be diverted to any other use. 7. What means may be used for the moral restraint and protection of students; penalty for violation of said provisions. 8. Power of colleges and universities to confer degrees and grant diplomas. 9. What proceedings required to secure legal existence; charter to be prepared; to what officers presented, and their authority; copy of charter to be filed, where; how academies and seminaries may secure incorporation. 10. Act to take effect from passage. Be it enacted by the General Assembly of the State of Arkansas: SECTION 1. That any number of persons, the multiple of three, not less than nine nor more than twenty-four, who have associated, or shall associate according to the provisions of this act, under any name assumed by them, for the purpose of founding institutions of learning, and who shall comply with all the provisions of this act, shall, with their successors, constitute a body corporate under the name assumed by them in their articles of association. SEC. 2. The purpose for which every such incorporation shall be established shall be distinctly specified in their articles of association, and it shall not be lawful for said corporation to divert or appropriate its funds for any other purpose. SEC. 3. When the requisite number of persons shall have associated, according to the provisions of this act, any three of them may call the first meeting of the corporation by giving notice thereof to each member of the association by written or printed circular, at least ten days before the time of such meeting, when they shall elect the necessary officers, and a majority of such members shall constitute a quorum. SEC. 4. The persons thus associated shall be the trustees of the proposed institution, and shall elect annually their officers, from their own number, and one-third of the whole number of said trustees shall annually be retired from office (said number to be determined by lot), and others, or the same persons, be elected to fill the vacancies. If an election of trus tees shall not take place at the annual meeting, such corporation shall not thereby be dissolved, but an election may be had at any time within one year from date of the regular meeting; all such elections to be by the unretired trustees. SEC. 5. The corporation thus formed shall have perpetual succession, and be empowered to fill all vacancies occurring in the same by removal, death, or expiration of term of office, and shall have power to sue and be sued, to contract and be contracted with, to make and use a common seal, and to alter the same at pleasure, to buy and sell, and to take and hold real and personal property, to make such laws for its own government as may be deemed proper: Provided, That the same shall not conflict with the constitution and laws of the United States or the constitution and laws of the State of Arkansas. The said corporation, or board of trustees, shall be charged with the government of the institution established by its agency, and the appointment of its professors and instructors, and the compensating of the same, and may delegate its power of government to the president and faculty of the institution established, or to an executive committee of not less than three of its own members. SEC. 6. No gifts, grants, or devise made to such institutions for a particular purpose, shall be applied to any other purpose. SEC. 7. To protect the youth assembled at such institutions, while removed from the customary restraints of home and parental watch-care, it is hereby declared to be a misdemeanor to entice any student of such institution into the practice of gaming, or to furnish any student any device or instrument for gaming, or any intoxicating liquors of any kind whatever. And if said institution be located in a city or any incorporated town or village, then, upon a majority of the legal voters embraced in the territory within three miles of said institution so deciding by petition to the county court, any billiard room, or bowling alley, or race course, or any device or instrument for gaming, or any brothel or house of ill-fame, or theatrical or circus exhibition, or public place where intoxicating liquors are either given away or sold (except for mechanical or medicinal purposes) within three miles of the site of said institution, shall be prohibited by said court; and any person who shall violate such regulation, establisned by said court, shall be punished by fine of not less than fifty dollars nor more than one thousand dollars, or imprisoned in the county jail not less than ten days nor longer than three months, or both, at the discretion of the court. SEC. 8. All institutions incorporated as colleges or universities shall have power to confer the customary degrees and grant the usual diplomas conferred by such institutions. SEC. 9. To secure legal existence by act of incorporation the persons desiring to become a corporate body, as the trustees of a university or college, shall prepare such charter for the proposed institution as may be by them desired, and shall present the same to the Governor and secretary of state and If said charter be superintendent of public instruction. found to be in accordance with the provisions of this act, they shall issue to said board of trustees a certificate appended to a copy of the aforesaid charter, with the seal of the state attached, said certificate stating that the accompanying charter is granted to the said board of trustees, they having complied with the provisions of this act, and are thereby constituted a board of trustees of said institution, and invested with all the |