Extracts from the Compiled Laws of Utah.

CHAPTER 11.

UNIVERSITY.

2290. General powers. The name of the University organized under an act approved February twenty-eighth, eighteen hundred and fifty, and laws amendatory or supplementary thereto, shall hereafter be University of Utah, and by this name it is constituted and continued a body corporate, with perpetual succession. It may have and use a corporate seal, and by the aforementioned name may sue and be sued, and contract and be contracted with. It is vested with all the property and franchises of, and shall be subject to all the contracts, obligations, and liabilities of, the former corporation.

2291. Id. It may take and hold by purchase, gift, devise, or bequest, real and personal propetry required for its uses. It may also convert property received by gift, devise, or bequest, and not suitable for its uses, into other property so available, or into money. It shall be deemed a public corporation, and shall be subject to the laws of this state, existent or hereafter enacted, relating to its purposes and government. Its property shall be exempt from all taxes and assessments.

2292. Highest branch of public educational system. The University, until otherwise provided for by law, shall be the highest branch of the system of public education. As far as practicable its courses and methods shall be arranged to supplement the instruction of the subordinate branches of such system, with a view to afford a thorough education to students of both sexes in the arts, the sciences, literature, and the civil professions, including engineering; but the University must not include in its courses, agriculture, except elementary agriculture as is or may be prescribed in the normal

course, horticulture, animal industry, veterinary science, domestic science and art, except as is or may be prescribed in the normal course, and instruction in irrigation as applied to the measurement, distribution, and application of water for agricultural purposes.

2293. Board of regents. Terms. The government of the University and the management of its property and affairs, shall be vested in a Board of Regents consisting of the Secretary of State and twelve resident citizens of the state to be appointed by the governor. As the terms of the present incumbents expire, except that of the secretary of state, their successors shall be appointed and shall hold office for a period of four years, the term of each commencing on the first day of July next after their appointment.

2294. Oaths and bond. Every regent, except the Secretary of State, before entering upon the duties of his office, shall take the official oath and execute to the University, a bond, with sureties to be approved by the Secretary of State, in the penal sum of $1,000, each conditioned for the faithful discharge of his duties. These oaths and bonds shall be filed with the Secretary of State.

2295. Powers. Executive committee. The board shall have power to enact by-laws and regulations for all concerns of the institution, not inconsistent with the laws of the state. A quorum of the board shall consist of five members. Between meetings of the board, its full powers may be exercised as to the ordinary business of the university, by an executive committee of five members appointed by the board, a majority of whom shall constitute a quorum thereof.

2296. Chairman and secretary of board. The board shall choose one of its number chairman. He shall be the executive officer of the board, and shall hold office for two years and until his successor is chosen and has qualified. It shall likewise appoint a secretary, who may be a regent, and a treasurer, who shall not be a regent; and it may require from each a bond

to the university for the faithful discharge of his duties. Such bonds must be approved by and delivered to the secretary of state. Bonds taken by the university, to secure the faithful discharge of official duties, shall be copied in the regents' record book, and in case of the loss or destruction of any bond, the record shall be prima facie evidence of the contents and execution of such bonds.

2297. Faculty. The board may provide for the constitution and organization of the faculty of the university, of which the president thereof shall be the chairman and executive officer. It may, in its discretion, commit to the faculty the selection and the dismissal of instructors and employees, and the determination of their compensation as well as the general management of instruction and of the examination, admission, and classification of students.

2298. Board to appoint faculty. The board shall appoint the president and the professors of the university, shall prescribe their duties, and determine their salaries.

2299. President's ex-officio duties. The president of the university shall be ex-officio a member of the board of regents, with all the rights, privileges, and obligations of every other member thereof; and, furthermore, he shall be ex-officio a member of the state board of education.

2300. Contracts with instructors. All contracts hereafter made with professors, instructors, or employees, whether for a definite or indefinite time, shall be subject to termination at the will of the board, or of its executive committee, if the board be not in session, when the interests of the University so require.

2301. May take gifts and devises. The board in its corporate capacity may take by grant, gift, devise, or bequest, any property, real or personal, for the use of any department of the university, or of any professorship, chair, or scholarship therein, or for the library, an observatory, workshops, gym

nasiums, experimental apparatus, a student's loan fund, or any other purpose appropriate to the objects of the university, Such property shall be received, held, invested, and managed, and the proceeds thereof used by the board, for the purposes, and under the conditions prescribed in the grant or donation. If by the terms of any such grant, gift, devise, or bequest, conditions be imposed which are impracticable under the laws of the state, such grant or donation shall not thereby fail. But the conditions thereof must be rejected and the intent of the grantor or donor carried out as nearly as may be. No grant, gift, devise nor bequest for the benefit of the university shall be defeated or prejudiced by any misnomer, misdescription, or informality whatever; provided, that the intention of the grantor or donor can be shown or ascertained with reasonable certainty.

2302. Regents not to receive compensation. Expenses. No regent shall receive any compensation for his services as regent; but he may be allowed his actual expenses incurred in attending meetings of the board or its committees, or in attending to any business of the university under authority of the board or its committees.

2303. Fiscal year. The fiscal year of the university shall commence on the first day of July and end on the thirtieth day of June in each year, and biennial appropriations made for its maintenance, unless otherwise specified, shall be deemed to be for the two years commencing on the first day of July next after the appropriation is made.

2304. Degrees. The university may confer degrees upon students who have satisfactorily completed any of its prescribed courses of study. It may also confer special, honorary, or emeritus degrees upon former members of its faculty, for long or eminent service in the university, but otherwise no such degrees shall be conferred.

2305. State Normal School. The State Normal School shall be continued as a department of the University, for stu

dents of both sexes, and it shall also be known as "The State School of Education," and its special work and purpose shall be to train teachers for all grades and departments of the public school. It shall offer courses of study which shall include educational theory and practice in teaching, leading to degrees; and shall prescribe work including educational theory and practice in teaching, leading to teachers' certificates and diplomas. Four hundred scholarships shall be maintained in the School of Education; provided, that the holders of such scholarships enrolled in the secondary training department of the School of Education shall at no time exceed two hundred. The holders of these scholarships shall be exempt from payment of all marticulation fees. The appointment shall be made for a term of years corresponding to the length of the course or prescribed work the student elects to pursue and shall terminate at the time such student is graduated, or receives a teacher's certificate or diploma. On or before the first day of May of each year the president of the university shall determine the number of appointments to be made for the succeeding year, and shall send notice thereof to the state superintendent of public instruction.

2306. Appointments. Appointments to normal scholarships shall be made by the state superintendent of public instruction, on nomination by the county board of examiners, or city boards of education, when such cities are not under the supervision of the county superintendent of schools. It shall be the duty of the superintendent of public instruction, on or before the last day of May of each year, to apportion to the counties and cities, on the basis of school population, the number of normal scholarships to which they may be respectively entitled. Appointments to vacancies in normal scholarships existing at or after the opening of the academic year of the university, may be made by the president of the University. Students who have been appointed to normal scholarships may be examined before admission to the school by, or under the direction of, the university faculty, and such students may be rejected, if found to be unqualified.