4. To take and hold by gift, grant or devise, any real or personal property, the clear yearly income or revenue of which shall not exceed the value of four thousand dollars: 5. To sell, mortgage, let or otherwise use and dispose of, such property, for the benefit of the academy: 6. To direct and prescribe the course of discipline and study in the academy: 7. To appoint a treasurer, clerk, principal, masters, tutors, and other necessary officers of the academy; who unless employed under a special contract, shall hold their offices during the pleasure of the trustees: 8. To ascertain and fix the salaries of all the officers of the academy: 9. To remove or suspend from office any officer employed under a special contract, upon a complaint in writing by a trustee, of the misbehavior in office, incapacity or immoral conduct, of such officer, and upon examination and due proof of the truth of such complaint, and to appoint another person in the place of the officer so removed or suspended : ART. 4. 10. To make all ordinances and by-laws necessary and [463] proper to carry into effect the preceding powers. 2 R. L., 263, § 10, 11, 12, 13 & 20. $43. The trustees shall meet upon their own adjournment Meetings. and as often as they shall be summoned by their president, or the senior trustee actually exercising his office, and residing within three miles of such academy, upon the request in writing of any other three trustees. S44. Every meeting so requested, shall be held at such Time and time and place, as the president or senior trustee shall appoint, place. not less than five, nor more than twelve, days from the time of the request. $45. Previous notice in writing of every such meeting, Notice. shall be affixed on the door of the academy, within two days after its appointment; and at every meeting, adjourned or special, the president, or senior trustee present, shall preside. $46. The seniority of the trustees shall always be deter- Seniority. mined according to the order of their nomination in the written application to the regents; and after all the first trustees shall become extinct, according to the priority of their election. trustee, $47. If a trustee shall refuse or neglect to attend any two Office of successive legal meetings of the trustees, after having been when personally notified to attend, and if no satisfactory cause of vacated. his non-attendance be shown, the trustees may declare his office vacant. Laws of 1817, 80, § 1 & 2; see Laws of 1835, ch. 123. how S48. Where the number of trustees of any academy shall Number exceed twelve, the trustees thereof, at their annual meeting, reduced. may reduce the number of the original board of trustees to any number, not less than twelve, by abolishing the offices of I. — 52 TITLE 1. those, who may omit to attend such meeting, and shall have omitted to attend two other legal meetings after notice. See Laws of 1835, ch. 123. No re ARTICLE FIFTH. GENERAL PROVISIONS APPLICABLE TO COLLEGES AND ACADEMIES. SEC. 49. No religious qualification to be required in professors, tutors, &c. 50. No professor or tutor to be a trustee. 51. No president or principal has a vote relative to his own emoluments. 53. No trustee to be a regent, or regent trustee. 54. Repealed. 55. Returns to be made by institutions so subject. 56. Nothing in this Chapter to affect any charter heretofore granted. S49. No religious qualification or test shall be required ligious test. 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. [464] Trustee. Ib. When not to vote. Regent. No trustee to act as no regent as trustee. 2 R. L., 265, § 18; 267, § 8. S50. No professor or tutor of any incorporated college or academy, shall be a trustee of such college or academy. 2 R. L., 265, § 18. 51. No president of any such college, or principal of any such academy, who shall be a trustee, shall have a vote in any case relating to his own salary or emoluments. S52. No president, principal, or other officer of any such college or academy, shall be a regent of the university. $53. No trustee of a college or academy, shall act as a regent, and 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 shall 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. Returns to regents. Saving clause. 2 R. L., 265, § 18 & 19. Sec. 54, repealed by Laws of 1834, ch. 140. $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. $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. 2 R. L., 262, § 8. See Laws of 1835, ch. 123; 1856, ch. 54. ARTICLE SIXTH. OF THE FOUNDATION AND GOVERNMENT OF LANCASTERIAN OR SELECT ART. 6. SCHOOLS. SEC. 57. Founders or benefactors may apply for incorporation. 58. How approbation of regents declared. 59. Request and instrument of approbation to be recorded. 60. Immediately after the recording, funds vest in trustees. 61. Name of corporation to be expressed in instrument of approbation. 62. Powers of trustees enumerated. 63. When the office of trustee vacated. 64 & 65. How such school may be made a district school. to regents ration. [465] 66. Every school incorporated under these provisions, subject to regents. S57. The founders and benefactors of any school estab- Application lished, or to be established for the instruction of youth, on the for incorposystem of Lancaster or Bell, or any other system of instruction approved by the board of regents, or as many of such founders as shall have contributed more than one half of the property collected or appropriated for the use of such school, may make to the regents of the university, an application in writing, under their hands, requesting that such school may be incorporated, nominating the first trustees, and specifying the name by which the corporation is to be called. Laws of 1821, 54, § 1. $58. In case the regents shall conceive a compliance with Duty of such request, will be conducive to the diffusion of useful know- regents. ledge, they shall, by an instrument under their common seal, declare their approbation of the incorporation of the trustees of the school, by the name specified in such application. where $59. The request in writing, and instrument of approba- Papers tion, shall be recorded in the office of the clerk of the county, recorded. in which such school shall be established. $60. Immediately after recording the same, the property Funds. and funds of such school shall be vested in the trustees so nominated, for the use and benefit of the school. Laws of 1821, 54, § 2. tion. $61. The trustees of such school, shall be a corporation, by Corpora the name expressed in the instrument of approbation. Laws of 1821, 54, § 2. trustees. $62. The trustees of every such school, (besides the general Powers of powers and privileges of a corporation,) shall have authority, 1. To elect, by ballot, their president, treasurer and clerk, annually: 2. Upon the death, resignation, refusal to act, removal out of the state, or other vacancy in the office of any trustee, to elect another in his place: 3. To appoint a master, assistants and other necessary officers of the school: 4. To remove or suspend any of them at pleasure, and to fix their respective salaries or compensation: TITLE 2. [466] vacated. 5. To appoint the times and places of their own regular meetings, and to adjourn from time to time: 6. To take and hold any real or personal property, the clear yearly income or revenue of which, shall not exceed the value of four thousand dollars: 7. To sell, mortgage, let and otherwise use and dispose of, such property for the benefit of the school: 8. To make all ordinances and by-laws, necessary and proper, to carry into effect the preceding powers. Laws of 1821, 54, § 2, 3 & 4. $ 63. If any trustee shall refuse or neglect to attend the When office stated meetings of the trustees, for four meetings successively, the office of such trustee may be declared vacant by the trustees. How made a district school. lb. Visitation Laws of 1821, 54, § 4 & 5. $ 64. The trustees of any one or more common-school districts, in any city, town or village of this state, within which any incorporated Lancasterian, or other select school is, or shall be established, with the consent of a majority of the taxable inhabitants of such district or districts, expressed at a meeting called for that purpose, may agree with the trustees of such incorporated school, to make the same a district school. Laws of 1821, 54, § 6. $ 65. Such incorporated school shall, during the continuance of such agreement, become a district school, and be entitled to all the benefits and privileges, and subject to all the regulations of other district schools. $66. Every school incorporated under the provisions of of regents. this Article, shall be subject to the control and visitation of the regents; and shall make such returns and reports, 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. TITLE II. OF COMMON SCHOOLS. ART. 1. Of the powers and duties of the superintendent of common schools, and of the apportionment of school monies. ART. 3. ART. 4. ART. 5. ART. 6. Of the powers and duties of the town superintendent. - Of the formation and alteration of school districts. (Repealed.) Local regulations respecting common schools. OF THE POWERS AND ARTICLE FIRST DUTIES OF THE SUPERINTENDENT OF COMMON SCHOOLS, AND OF THE APPORTIONMENT OF SCHOOL MONIES. SEC. 1. Superintendent must make annual report to the legislature. 2. When school monies to be apportioned. 3. How apportionment to be made. 4. (Repealed.) 5. How an increase apportioned. 6. How apportionment made when census defective. 7. New apportionment to be made. 8. Apportionment to be certified, and notice to be given. 9. Superintendent to prepare forms and instructions. 10. Six first Articles of this Title to be printed and distributed. 11. Reasonable expenses to be paid out of treasury. ART. 1. [467] duties of S 1. There shall continue to be a superintendent of common schools, whose duty amongst other things, it shall be, to General prepare and submit an annual report to the legislature, con- superintaining, 1. A statement of the condition of the common schools of the state: 2. Estimates and accounts of expenditures of the school monies: 3. Plans for the improvement and management of the common school fund, and for the better organization of the common schools: and, 4. All such matters relating to his office, and to the common schools, as he shall deem expedient to communicate. 21 B., 210; see Laws of 1841, ch. 260; 1839, ch. 330; 1843, ch. 133. tendent. ment. $ 2. In every year, immediately following a year in which Apportiona census of the population of this state shall have been taken, under the authority of the state, or of the United States, the superintendent shall apportion the school monies to be annually distributed, amongst the several counties of the state, and the share of each county, amongst its respective towns and cities. Laws of 1819, 188, § 5; 1822, 287; 1827, 237; 1830, ch. 320, § 5, 6, ment. S3. Such apportionment shall be made among the several Ratio of towns and cities of the state, according to the ratio of their apportionpopulation respectively, as compared with the population of the whole state, according to the last preceding census. 5. If an increase of the school monies to be distributed, Increase. shall take place in any other year, than one immediately following a census, the superintendent shall apportion such increase amongst the several counties, cities and towns, according to the ratio of the apportionment then in force. when $6. When the census, or returns, upon which an apportion- Proceeding ment is to be made, shall be so far defective, in respect to any census county, city, or town, as to render it impracticable for the defective. superintendent to ascertain the share of school monies, which ought then to be apportioned to such county, city, or town, |