AN ACT to establish a military school in connection with the Agricultural College.

[Approved March 20, 1863. Laws of 1863, p. 364.]

(3569.) SECTION 1. The people of the State of Michigan enact, That in addition to the course of instruction already provided by law for the Agricultural College of this State, there shall be added military tactics and military engineering.

(3570.) SEC. 2. The State Board of Agriculture are hereby authorized and required to make such additional rules and regulations for the government and control of the Agricultural College, as may be necessary to carry into effect the provisions of section one of this act.

(3571.) SEC. 3. The State Board of Agriculture shall, by and with the advice and consent of the Governor, the Adjutant General, and Quartermaster General, procure, at the expense of the State, all such arms, accoutrements, books and instruments, and appoint such additional professors and instructors, as, in their discretion, may be necessary to carry into effect the provisions of this act: Provided, That nothing in this act shall be construed to authorize the incurring of any indebtedness against the State, or the expenditure of money beyond the appropriations made to the Agricultural College.

INSTITUTIONS OF LEARNING.

AN ACT to provide for the incorporation of institutions of

learning.

(Compiled Laws, p. 1060.)

(3134.) SECTION 1.1 The People of the State of Michigan enact, That any number of persons, not less than five, may become a corporation for the purpose of founding and establishing a college, seminary, academy, or other institution of learning, by complying with the provisions of this act. When stock, legacies, bequests, or donations to the amount of thirty thousand dollars for any such college, or two thousand dollars for any such seminary, academy, or other institution of learning so intended to be founded and established, shall be in good faith subscribed or given, and fifty per cent thereon actually paid in as herein required, such persons may elect trustees for such college, seminary, academy, or other institutions of learning; and thereupon said trustees shall severally subscribe articles of association, in which shall be set forth the name, character, and object of the corporation; the amount of capital stock so subscribed, bequeathed, donated or given, and the amount paid in; the names and place of residence of the trustees; the length of time they shall continue in office, not to exceed thirty years; the manner in which their successors shall be elected, who shall not be less than five nor more than thirty-five, and the place where such college or other institution shall be located. Said articles of association, when subscribed as aforesaid, shall be filed in the office of the Secretary of State; but such articles shall not be filed until there is annexed thereto an affidavit made by at least three of such trustees, that the amount of stock required by this section has been in good faith subscribed and that fifty per cent thereon

1 As amended in 1873.

has been paid in; and thereupon the persons who have subscribed said articles, with such other persons as may from time to time become donors to such institution, or, if such articles of association so declare, the trustees elected as herein provided shall be a body corporate and politic, capable of suing and being sued, and may have a common seal, which they may make and alter at pleasure, and be capable in law of receiving by gift, subscription, bequest, will, donation or device, and of purchasing, holding, and conveying any real estate or personal property whatsoever, for the purpose of founding, establishing and conducting any such college, seminary, academy or other institution of learning, and may alter or amend said articles of association, such alteration or amendment not being inconsistent with the foregoing provisions of this section. But in case of alteration or amendment they shall, within twenty days thereafter, file a copy of such amendment, duly certified by said trustees, with the Secretary of State.

(3135.) SEC. 2. A copy of any such articles of association filed in pursuance of this act, with a copy of the affidavit annexed thereto, and certified by the Secretary of State to be a copy, shall, in all courts and places, be presumptive evidence of the incorporation of such institution, and of all the facts therein stated.

(3136.) SEC. 3. The trustees of any college or seminary incorporated under the provisions of this act, besides the general powers and privileges of a corporation, shall have power,First, To elect their own chairman or clerk;

Second, Upon the death, resignation, or other vacancy in the office of any trustee, to elect another in his place;

Third, To declare vacant the seat of any trustee who shall absent himself from five successive meetings of the board; Fourth, To take and hold, by gift, grant, or devise, any real or personal property, the annual income or revenue of which shall not exceed twenty-five thousand dollars;

Fifth, To sell, mortgage, let, or otherwise use such property, in such manner as they shall deem most conducive to the educational interests of such corporation;

Sixth, To direct and prescribe the course of study and discipline to be observed in the college, seminary or academy: Provided, That no religious test whatever shall be required of any pupil in such institution;

Seventh, To appoint a president, professors, tutors, and such other officers and agents as they may deem necessary, who shall hold their offices during the pleasure of the trustees;

Eighth, To grant such literary honors as are usually granted by any such college or similar institutions in the United States, and in testimony thereof to give suitable diplomas, under their seal, and the signatures of such officers of the institution as they may deem expedient: Provided, That the course of study pursued in such college be, in all respects, as thorough and comprehensive as is usually pursued in similar institutions in the United States;

Ninth, To ascertain and fix the salaries of the president, professors, and other officers and agents;

Tenth, And to make all ordinances and by-laws necessary and proper to carry into effect the foregoing powers.

(3137.) SEC. 4. Every diploma granted by such trustees shall entitle the possessor to all the immunities which, by usage or statute, are allowed to possessors of similar diplomas granted by any similar institution in the United States.

(3138.) SEC. 5. The trustees of any academy incorporated under the provisions of this act, besides the general powers and privileges of a corporation, shall have power,

First, To take and hold, by gift, grant, subscription, bequest, or devise, any property, personal or real, the annual income or revenue of which shall not exceed four thousand dollars;

Second, To sell, mortgage, let, or otherwise use and dispose of such property for the benefit of such academy;

Third, To direct and prescribe the course of study and discipline in such academy;

Fourth, To appoint a treasurer, clerk, principal, and such other officers and agents as they shall deem necessary, who shall hold their offices during the pleasure of the trustees;

Fifth, To ascertain and fix the salaries of all the officers of the academy;

Sixth, To make all ordinances and by-laws necessary to carry into effect the foregoing powers.

(3139.) SEC. 6. Any institution incorporated under the provisions of this act, shall be always subject to the visitation and examination of the Superintendent of Public Instruction, and also to a Board of Visitors (three in number). to be annually appointed by said Superintendent; and said Visitors

shall report to said Superintendent as soon after an examination as practicable.

(3140.) SEC. 7. The trustees of any institution incorporated under the provisions of this act, shall apply all funds and property belonging thereto, according to their best judgment, to the promotion of its objects and interests: Provided, That any gift, bequest or donation to such institution for any specific object, shall be faithfully applied to the object specified by such donor.

(3141.) SEC. 8. The trustees of any institution incorporated under the provisions of this act, may require the treasurer, and all other officers and agents, before entering upon the duties of their respective offices, to give bonds and securities in such sums as they may deem proper and sufficient.

(3142.) SEC. 9. Such trustees shall be required, on or before the first day of December, annually, to report to the Superintendent of Public Instruction, a statement of the name of each trustee, officer, teacher, and student of such institution, with a statement of its property, the amount of stock subscribed, donated and bequeathed, and the amount. actually paid in, and such other information as will tend to exhibit its condition and operations. And said trustees shall be severally and jointly liable for all the labor performed for the corporation; but no execution shall issue against any trustee, till an execution against the corporation shall have been returned unsatisfied, in whole or in part; and no such trustee shall be thus liable, unless suit for the collection of such debt shall have been brought against said corporation within one year after such debt shall have become due.

(3143.) SEC. 10. Service of legal process on any such corporation, may be made on any one of the trustees thereof, if such trustee be in the county in which the institution is located; but if not, then by leaving a copy of such process with any officer in the employ thereof, at its principal place of business.

(3144.) SEC. 11. Any institution of learning now in existence in this State, whether incorporated or not, shall be enti tled to all the benefits of this act, by complying with the provisions of this act; and may, by a vote of the majority of such corporation or uncorporated company or association, or be taken according to the act of incorporation, by-laws, to other legal regulations thereof, determine to avail itself of