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ances made to the persons entitled thereto by the board of trustees, and duly certified by their secretary.

4571. Faculty - Powers. 7. The president, professors, and in structors shall be styled "The Faculty" of said University, and shall have power

First. To enforce the regulations adopted by the trustees for the gov ernment of the students; to which end, they may reward and censure, and may suspend those who continue refractory, until a determination of the board of trustees can be had thereon.

Second. To confer, with the consent of the trustees, such literary degrees as are usually conferred in other universities, and, in testimony thereof, to give suitable diplomas, under the seal of the University and signature of the faculty.

4572. No religious qualification. 8. No religious qualification shall be required for any student, trustee, president, professor, or other officer of such University, or as a condition for admission to any privilege in the

same.

4573. No sectarian tenets. 9. No sectarian tenets shall be incul cated by any professor at such University. 4574. County students.

10. The trustees shall provide for the tuition, free of charge, of two students from each county in this State, to be selected by the Board of County Commissioners.

4575. Notice to counties. 11. The secretary of the board shall notify the County Auditor of each county of the State, whenever there shall not be in attendance at the University the number of students which such county is entitled to send free of tuition; of which such Auditor shall notify the Board of Commissioners of such county, at its next meeting. 4576. Treasurer's bond. 12. The treasurer of the University shall give bond in a penalty, and with surety to be approved by such board, payable to the State, conditioned for the faithful discharge of his duties; which bond shall be filed with the Auditor of State.

4577. Board of visitors. 13. The Governor, Lieutenant-Governor, Speaker of the House of Representatives, Judges of the Supreme Court, and Superintendent of Common Schools [State Superintendent of Public Instruction], shall constitute a board of visitors of the University, and any three thereof a quorum.

4578. Visitors not attending, to be reported. 14. In case the members of such board of visitors fail to attend the annual commencement exercises of the University, the president of the board of trustees shall report such of them as are absent to the next General Assembly, in its annual report.

4579. Duties of visitors. 15. Such board of visitors shall examine the property, the course of study and discipline, and the state of the finances of the University, and recommend such amendments as it may deem proper, the books and accounts of the institution being open to its inspection; and it shall make report of its examination to the Governor, to be by him laid before the next General Assembly.

4580. Duties of secretary. 16. The secretary of the board of trustees shall keep a true record of all the proceedings of said board, and cerify copies thereof. He shall also keep an account of the students in the

University according to their classes, stating their respective ages and places of residence, and a list of all graduates.

4581. Duties of treasurer. 17. The treasurer of said University shallFirst. Keep true accounts of all money received into the treasury of said University, and of the expenditure thereof,

Second. Pay out the same on the order of the board of trustees, certified by its secretary.

Third. Collect the tuition fees due the same.

Fourth. Make semi-annual settlements with the board of trustees. Fifth. Submit a full statement of the finances of the University, and his receipts and payments, at each meeting of the board of trustees.

Sixth. Submit his books and papers to the inspection of the trustees and visitors.

4582. Report to State Superintendent. 18. The board of trus tees, its secretary, and treasurer shall report to the Superintendent of Common Schools [State Superintendent of Public Instruction], all matters relating to the University, when by him required.

4583. Lectures by faculty. 19. One member of the faculty, to be designated by a majority thereof, of which the secretary of the board shall be informed, shall, by himself or competent substitute, deliver a public lecture on the principles and organization of the University, its educational facilities (being careful not to disparage the claims of other institutions of learning in the State), in at least fifteen different counties of the State, of which he shall give due notice; and in a vacation of less duration than one month, a member of the faculty, to be designated as aforesaid, shall deliver such lecture in at least three different counties; a brief statement of which lectures shall, by the persons delivering them, be reported to the board of trustees annually, to be by them incorporated in the annual report to the General Assembly; but no two such lectures shall be delivered in the same county, until all the counties of the State have been lectured in.

4584. Geological examinations and specimens. 20. Such lecturers shall make such geological examinations, and collect such mineralogical specimens as they may be able to make and procure; a report whereof they shall make to the board of trustees, to be, by it, incorporated in its annual report to the General Assembly; and such specimens, together with those they may procure by voluntary donations, they shall deposit in a suitable room in the University buildings, to be fitted up for that purpose.

4585. Printing annual report. 21. The Governor of the State shall order the printing, annually, of five thousand copies of the annual report of the board of trustees, twenty-five hundred of which shall be for the use of the members of the General Assembly and twenty-five hundred for the faculty.

4586. Contents of report. 22. Such report shall contain what is now included in the annual catalogue, with such other matters as may be deemed useful to the cause of education, connected with the University.

4587. Notice of sessions. 23. The board of trustees, through its president, shall give at least one month's notice of the commencement of each session of the University, in at least one newspaper in the cities of Indianapolis, Louisville, in the State of Kentucky, and in New Orleans, in the State of Louisiana.

4588. Buildings and repairs. 24. The board of trustees shall annu

ally appoint a committee of its body to examine the University buildings and grounds adjacent, who shall report the kind and cost of repairs, if any are needed; and one of the members of the faculty shall be appointed to take care of such buildings and grounds.

4589. Normal department. 25. Such trustees shall establish a normal department for instruction in the theory and practice of teaching, free of charge to such young persons, male and female, residents of the State, as may desire to qualify themselves as teachers of common schools within the State, under such regulations as such board of trustees may make in regard to admitting to, kind, and time of delivery of lectures in such department, and the granting of diplomas therein; and such regulations shall be incor porated in the annual report of the trustees to the General Assembly.

4590. Agricultural department. 26. Such trustees shall also estab lish an agricultural department in such University, under proper regulations, which shall likewise be set forth in their annual report.

[1857, p. 130. In force August 24, 1857.]

4591. Scholarships transferable. 1. All scholarships in the State University, issued for or founded upon subscription moneys paid by individuals toward the construction of the University buildings, or any of them, or the right to use said scholarships for any session or sessions of the college year in said institution, may be transferred or sold by the holders thereof for a valuable consideration.

[1861 S., p. 89. In force May 31, 1861.]

4592. Perpetual scholarships. 1. The contingent fee on perpetual scholarships issued by the trustees of the State University shall not be more than one dollar per session: Provided, That the trustees are hereby authorized to purchase said scholarships whenever in their opinion it is for the best interests of the University, at not more than ninety cents to the dollar, by giving notice in some newspaper published in the town of Bloomington, that they are ready to purchase said scholarships; and after the date of such notice, no person shall be entitled to any benefits under the provisions of said scholarships, except to sell the same, as is provided in this Act.

[1861 S., p. 88. In force September 7, 1861.]

4593. Library. 2. The State Librarian is directed to transfer from the State Library to the Library of the Indiana University a complete set of journals of both Houses of the Legislature, a copy of all laws enacted since the organization of the State, and of all reports from the several departments of State, and of those received from other States and from the General Government, together with all other books and documents of which there are duplicates now in the State Library or shall be hereafter received: Provided, That such books and documents can be spared without injury to the State Library, and that such transfer be made without expense to the State.

4594. State Geologist. 3. The State Geologist, while he holds his office, shall be regarded as a member of the faculty of the University; and he is hereby directed, in his reconnoisances, to collect duplicate specimens of mineralogy and geology, and to deposit one set of the same in the cabinet of the State University.

[1 R. S. 1852, p. 504. In force May 6, 1853.]

4595. Fund, how derived - Loans. 28. The University fund shall consist of the lands in Monroe and Gibson counties, and the proceeds of sales thereof, and all donations for the use of such University, where the same is expressly mentioned in the grant, or where in such grant the term "University" only is used; the principal of which fund, when paid into the State Treasury, shall be loaned, and the annual interest thereon applied to the current expenses of the University, upon warrants drawn on the Treasurer of State by the Auditor of State, on the requisition of the board of trustees, signed by the president and attested by the secretary thereof.

Section 4596, Horner's R. S. 1896 (1 R. S. 1852, p. 504), which provided that the auditor of state should loan such university fund, is superseded by 1897 S., p. 117, being SS 46611-46611, which takes from the state auditor that right, and makes it the duty of county auditors to loan such fund.

4597. Form of mortgage. 30. The mortgage to be taken may be in the following form, in substance:

1, A. B., of the county of.

to the State of Indiana, all (here for the payment of..

in the State of Indiana, do assign and transfer describe the land), which I declare to be mortgaged ...dollars, with interest at the rate of six per cent. per annum, payable in advance, according to the conditions of the note hereunto annexed. [As amended 1901 S., p. 342. Approved March 9, 1901.

4598. Form of note. 31. The note accompanying the same may be,

in substance, as follows:

I, A. B., of the county of the sum of advance, commencing on the . in case of failure to pay any installment of said interest, the said principal shall become due and collectible, together with all arrears of interest; and on any such failure to pay principal or interest when due, five per centum damages on the whole sum due shall be collected with costs, and the premises mortgaged may be forthwith sold by the Auditor of Public Accounts (Auditor of State) for the payment of such principal sum, interest, damages and costs. [As amended 1901 S., p. 342. Approved March 9, 1901.

In the State of Indiana, do assign and transfer with interest thereon at the rate of six per cent. per annum, in day of 19..... and do agree that,

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4599. Loans Security. 32. No greater sum than five hundred dollars shall be loaned to any one person out of such fund, nor shall the loan be for a longer period than five years; and the sum loaned shall not exceed one-half of the appraised value of the premises to be mortgaged, clear of all perishable improvements. The Auditor may reduce the amount to be loaned on any such valuation, when, for any cause, he may have reason to believe the same was not in proportion to the prices of similar property selling in the vicinity, such valuation to be made from the valuation of the same property in the assessment of the State

revenue.

4600. Interest. 33. The rate of interest required shall be six per

cent. in advance, payable annually. On failure to pay any installment of interest when due, the principal shall forthwith become due; and the note and mortgage may be colected. [As amended 1901 S., p. 342. Approved March 9, 1901.

4601. Priority of mortgage.

34. Such mortgages shall be considered as of record from the date thereof; and shall have priority of all mortgages or conveyances not previously recorded, and of all other liens not previously incurred, in the county where the land lies.

4602. Recording of mortgage.

35. It shall be the duty of the Auditor to have such mortgages recorded with due diligence, the expense

whereof shall be borne by the mortgagor, and may be retained out of the money borrowed.

4603. Certificate as to liens. 36. The person applying for a loan shall file with the Auditor the certificate of the Clerk and Recorder of the county in which the land lies, showing that there is no conveyance of or incumbrance on said land in either of their offices.

4604. Abstract of title. 37. Such person shall also, before he receives the money to be loaned, make oath to the truth of an abstract of the title to his said land, and that there is no incumbrance, or better claim, as he believes, upon said land.

4605. Auditor's duty. 38. On making any loan of such fund, the Auditor shall draw his warrant on the Treasurer, in favor of the borrower; and the Treasurer shall pay the same, and charge it to the proper fund.

4606. Payment. 39. All loans refunded, and all interest, shall be paid into the State Treasury; and the Treasurer's receipt shall be filed with the Auditor of State, who shall give the payer a quietus for the amount thereof, and make the proper entries upon his books.

4607. Satisfaction. 40. Whenever the amount due on any mortgage shall be fully paid, and the Treasurer's receipt filed therefor, the Auditor shall indorse on the note and mortgage that the same has been fully satisfied, and surrender them to the person entitled thereto; and on the production of the same, with such indorsement thereon, the Recorder of the proper county shall enter satisfaction upon the record thereof,

4608. Loans, how collected. 41. When the interest or principal of any such loan shall become due and remain unpaid, the Auditor shall proceed to collect the same by a suit on the note, or by sale of the mortgaged premises, or both, as to him may seem most advisable. He may, also, by proper action, obtain possession of the mortgaged premises.

4609. Judgment. 42. In case of suit on such note, and judgment thereon, no stay of execution or appraisement of property shall be allowed. 4610. Notice of sale. 43. On failure to pay any interest or principal when due on any such mortgage, the Auditor shall advertise the mortgaged property for sale in one or more of the newspapers printed in this State, for sixty days such sale to take place at the court-house door in Indianapolis. 4611. Sale. 44. At the time appointed for such sale, the Auditor and Treasurer of State shall attend; and the Auditor shall make sale of so much of the mortgaged premises, to the highest bidder, for cash, as will pay the amount due for principal, interest, damages, and costs of advertising and selling the same; and such sales may be in parcels, so that the whole amount required be realized.

4612. When Auditor to buy-Re-sale. 45. In case no one will bid the full amount due as aforesaid, the Auditor shall bid in the same, on account of the proper fund; and as soon thereafter as may be, he shall sell the same to the highest bidder for cash, or on a credit of five years, interest being payable annually in advance.

4613. Limit of bid - Overplus. 46. The sale authorized in the preceding section shall not be for less than the amount chargeable on such land; but if for more, the overplus shall be paid to the mortgagor, his heirs or assigns.

4614. Statement of sale. 47. The Treasurer shall attend and make a statement of such sales, which shall be signed by the Auditor and Treas

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