SEC. 5. The board of trustees shall faithfully apply all funds collected or received by them, according to their best judgment, in erecting suitable buildings, supporting instructors, in procuring books and apparatus, and whatever may, in their judgment, be best fitted to promote the best success of the institution; but said corporation shall not, under any circumstances, be permitted to issue any note, bill or other negotiable paper or obligation for the payment of money: Provided, That in case any bequest or donation shall be made for a particular purpose' accordant to the design of this institution, and the corporation shall accept and receive the same, it shall be applied in conformity to the conditions or design expressed by the donor; Provided further, That the property to be held by the institution shall not, at any one time, exceed the sum of twenty thousand dollars.

SEC. 6. The treasurer of this institution shall always, and all other agents when required, before entering on the duties of their appointment, give bonds for the security of the corporation and the public, in such penal sums and with such securities as the board of trustees shall approve; and all process against the corporation shall be by summons, and the service of the same shall be by leaving an attested copy thereof with the treasurer of the institution.

SEC. 7. The institution hereby incorporated, shall always be subject to the examination or inspection of a board of visitors, or any officers appointed or authorized by the Legislature. SEC. 8. The Legislature may at any time alter, amend or repeal this act, by a vote of twothirds of each house.

Approved April 4, 1839.

[ No. 60. ]

AN ACT to incorporate Marshall College.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That John P. Cleveland, Sidney Ketchum and James P. Greves, of the county of Calhoun; John M. Ellis, William Page and Marcus Harrison, of the county of Jackson; Ira M. Wead, of the county of Washtenaw; Eurotus P. Hastings, Robert Stuart and Arthur L. Porter, of the county of Wayne; Austin E. Wing and Oliver Johnston, of the county of Monroe; George W. Jermain, of the county of Lenawee; Ashbel S. Wells, of the county of Oakland; Mitchell Hinsdell, of the county of Kalamazoo; Elisha P. Champlin, of the county of Hillsdale, and Phanuel W. Warriner, of the county of St. Joseph, and their successors, be and they are hereby created a body politic and corporate, to be styled "the board of trustees of Marshall College," and by that name shall remain in perpetual succession, with full powers to sue and be sued, plead and be impleaded; to acquire, hold and convey property, real and personal; to have and to use a common seal, to alter and renew the same at pleasure; to make and alter, from time to time, such by-laws as they may deem necessary for the government of said institution, its officers and servants; provided such by-laws are not inconsistent with the constitution and laws of the United States, or of this State.

SEC. 2. The said college shall be located in the township of Marshall, in the county of Calhoun; and shall be erected on a plan sufficiently extensive to afford instruction in the liberal arts and sciences; and the trustees may, as their abilities shall increase, and the interests of the community require, erect additional departments for the study of any or all of the liberal professions.

SEC. 3. The board shall, from time to time, appoint a president, vice president, secretary and treasurer, together with such other officers, instructors and servants of the institution, as may be necessary; and shall have power to displace any or either of them, for good and sufficient rensons; and also to fill vacancies which may happen by death, resignation or otherwise, in said

board, or among said officers, instructors and servants; and also to prescribe and direct the course of study to be pursued in said institution and its departments.

SEC. 4. The president of the college shall be, ex-officio, a member of the board of trustees, and president of the same; and in his absence, the vice president shall preside in the meetings of the board; and in the absence of both president and vice-president, the board shall elect one of their own number to preside for the time being.

SEC. 5. The board of trustees shall consist of sixteen members, exclusive of the president, any nine of whom shall constitute a quorum to do business; said board of trustees shall hold their first meeting at the call of the members resident in the village of Marshall, within two months from the approval of this act, and afterwards they shall meet on their own appointinents; but in cases of emergency, the president and secretary may call special meetings of the board, or any five members may call such meeting, by giving notice to each member, at least ten days before the time of such meeting.

SEC. 6. The board of trustees shall faithfully apply all funds collected or received by them, according to their best judgment, in erecting suitable buildings, supporting the necessary officers, instructors and servants, both in the collegiate and preparatory departments, and in procuring books, maps, charts, globes and other apparatus necessary to the success of the institution or for the purposes of lessening the expense of education or promoting the health of the students: Provided, nevertheless, That in case any donation or bequest shall be made for particular purposes accordant with the general designs of this institution, and the corporation shall accept and receive the same, every such donation or bequest shall be applied in conformity with the condition or design expressed by the donor.⚫

SEC. 7. The treasurer of the college shall always, and all other agents when required, before entering on the duties assigned them, give bonds for the security of the corporation and of the publie, in such penal sums, and with such sureties, as the board of trustees shall approve; and all process against the institution shall be by summons, and the service of the same shall be by leaving an attested copy thereof with the treasurer of the college, at least thirty days before the return thereof.

SEC. 8. The institution hereby incorporated shall always be subject to the examination or inspection of a board of visitors, or of any officer or officers appointed or authorized by the legislature; and after said institution shall have commenced operations, the Governor, by and with the advice and consent of the Senate, shall annually appoint three disinterested persons, not connected with the aforesaid or any other literary institution in the State, as a board of visitors, whose duty it shall be to visit said institution, at its annual collegiate coinmencement, or at such other time or times as they may deem expedient, or be directed thereto by the legislature, and report the result of their visit and examination into its condition and affairs, to the legislature at its next annual session. The necessary expenses of said board of visitors, in visiting and examining said institution, not exceeding to each visitor the sum of thirty dollars, shall be chargeable on and paid from the funds of said corporation.

SEC. 9. The trustees shall have power to confer the honors and degrees usually conferred by collegiate institutions upon those whom they may deem worthy, when it shall appear from the report of the board of visitors, on the report of a committee appointed by the legislature, that the institution is possessed of permanent funds, yielding an average yearly income of at least five thousand dollars, exclusive of any income arising from tuition fees, or other annual contingent contributions: Provided, however, That the primary degrees shall not be conferred on any students, who shall not have passed through a course of studies, similar or equivalent to, and at least as thorough as that prescribed by the regents of the University for candidates for the like degrees.

SEC. 10. This act shall not take effect until all the subscribers to a college contemplated to be established at or near the village of Marshall, by the name of Michigan College, who may so request the same, shall have had an opportunity of withdrawing their subscriptions, and a guar

antee for twenty thousand dollars for said proposed college, given by Sidney Ketchum, John D. Fierce and A. L. Hays, of Marshall, shall have been released, and all moneys advanced on said subscriptions or guarantee refunded, if requested by the respective individuals advancing such moneys, or their legal representatives.

SEC. 11. The legislature may at any time alter, amend or repeal this act, by a vote of twothirds of each house.

Approved April 16, 1839.

[No. 51. ]

AN ACT to incorporate the Marshall Female Seminary.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That from and after the passage of this act, Sidney Ketchum, Oliver C. Comstock, Azrah C. Robinson, Jabez S. Fitch, James P. Greves, Thompson S. Hollister, Samuel Buel, Daniel Hudson, and James W. Gordon, of the county of Calhoun, and their successors, be and they are hereby constituted, ordained and declared a body corporate and politic, under the name and style of "The Marshall Female Seminary;" that by that name, they and their successors shall and may have perpetual succession, and shall be persons in law, capable of suing and being sued, pleading and being impleaded, answering and being answered, defending and being defended in all courts of record whatever, and in all manner of suits, actions, complaints, matters and causes whatever; and that they and their successors may have a common seal, and change and alter the same at their pleasure; and that they and their successors, by the name of the "Marshall Female Seminary," shall be in law capable of acquiring and holding by purchase, gift, grant, devise, bequest or otherwise, and of selling, conveying or leasing any estate, real, personal or mixed, for the use of said corporation; and that they and their successors shall have full power to make and enter into contracts; to make such rules and by-laws as they may deem necessary for the good goverment and success of said institution: Provided, Such by-laws are not inconsistent with the constitution and laws of the United States or of this State.

SEC. 2. Said corporation shall have power to establish at such time and at such place, in or near the village of Marshall, in the county of Calhoun, as may be judged best, an institution for the education of females, suited to the wants and demands of the surrounding country.

SEC. 3. That there shall be nine trustees of said Seminary: Provided, nevertheless, That no more than three of said trustees shall be taken from any one denomination of Christians, and that Sidney Ketchum, Oliver C. Comstock, Azrah C. Robinson, Jabez S. Fitch, James P. Greves, Thompson S. Hollister, Samuel Buel, Daniel Hudson and James W. Gordon, shall be such trustees, and have and exercise the power and franchise herein granted, until others be appointed in their place; and they and their successors shall have power to fill all vacancies in their own body, which may happen by death, resignation or otherwise; they shall appoint one of their number president of said Seminary, who shall be ex-officio president of the board of trustees, and have the power of giving the casting vote, in case of an equal division; a majority shall constitute a quorum for the transaction of business.

SEC. 4. The board of trustees shall faithfully apply all funds, in money or otherwise, by them collected, received or acquired, according to their best judgment, in erecting suitable buildings, supporting the necessary officers and teachers, in procuring books, maps, or other articles necessary to insure the success of said Seminary.

SEC. 5. All process against such corporation shall be by summons, and the service of the same shall be by leaving an attested copy thereof with the president of said Seminary, or in his absence, at his last usual place of abode, at least six days previous to the return day thereof

SEC. 6. This act shall be favorably construed to effect the purposes thereby intended, and the same is hereby declared a public act, and copies thereof, printed by authority of the State, shall be received as evidence thereof in all courts of this State.

SEC. 7. The Legislature shall have the power, at any time, of amending or repealing this act, by a vote of two-thirds of both branches.

Approved April 11, 1839.

[ No. 65. ]

AN ACT to incorporate St. Philip's College.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That the Right Reverend Frederick Rese, Roman Catholic Bishop of Detroit, and his successors in said office of Bishop of Detroit, duly appointed by the See of Rome, be and are hereby ordained, created and constituted a body politic and corporate, in fact and in name, under and by the name of St. Philip's College, and by that name he and his successors shall have perpetual succession, and shall be capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all suits, complaints, matters and causes whatsoever, either in law or equity; of having and using a common seal; of enacting all by-laws for the regulation of said college, and of the members thereof; of altering from time to time the same; of acquiring by gift, devise, purchase or otherwise, and of holding and conveying any real, personal or mixed estate whatsoever, necessary and proper' for the object of this incorporation; of transacting all business, directing all the affairs, controlling and disposing of all the funds, estate and effects of said college, and of doing every other act, matter and thing necessary and proper for the well being and good government of the same, not inconsistent with the constitution and laws of the United States, or of this State.

SEC. 2. Said Bishop and his successors shall keep in existence and operation a collegiate institution, under the name of St. Philip's College, for the purpose and on a plan sufficient to afford instruction in the liberal arts and sciences; which institution may be increased so as to afford an opportunity for the study of the liberal professions. The college shall be located in the county of Wayne.

SEC. 3. The said Bishop and his successors shall, from time to time, appoint such officers, instructors and servants of the institution, as may be necessary or proper; and also to displace any or either of them; to fill all vacancies, and to prescribe and direct the course of study to be pursued in said college and its departments.

SEC. 4. The said Bishop and his successors may, in contemplation of absence, and whenever it may be necessary so to do, choose and appoint in writing, under the corporate seal, some proper person to fill his place, who, until said appointment be revoked by said Bishop or his successors, may do and perform every thing for the welfare, conduct and regulation of said college, which said Bishop and his successors might and could do by virtue of this act; and in the event of a vacancy occurring at any time in the said office of Roman Catholic Bishop of Detroit, by death or otherwise, upon such occurrence, and until the vacancy be filled according to the rites and ceremonies of said church, the person filling at that time the office of vicar general of the diocese of Detroit, shall represent said corporation, and do and perform, under said corporate name, every act and thing, and exercise every power and authority which said Bishop and his successors are hereby granted and vested with; but as soon as said vacancy shall be filled as aforesaid, and the person filling the same arrives in said diocese, then the powers and authority hereby vested in said vicar general shall cease.

Sec. 5. The institution hereby incorporated shall always be subject to the examination of a board of visitors, three in number, to be annually appointed by the governor, by and with the advice and consent of the Senate; and said visitors shall report to the Legislature, at its next annual session after their appointment and examination of said institution.

SEC. 6. The said Bishop and his successors shall have power to confer the honors and degrees usually conferred by collegiate institutions, upon such persons as may be deemed worthy, when it shall appear from the report of the board of visitors, or the report of the committee appointed by the Legislature: Provided however, That the primary degrees shall not be conferred on any students who shall not have passed through a course of studies equivalent to and as thorough as that prescribed by the Regents of the University for candidates for degrees. SEC. 7. The Legislature may at any time alter, amend or repeal this act. Approved April 16, 1839.

[ No. 15. ]

AN ACT to incorporate the Allegan Academy.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That Samuel Newberry, Elisha Ely, Silas F. Littlejohn, Chester Wetmore, Elihu G. Hackley, Abraham J. Deederick, Eber Sherwood, Joseph Fisk, Nathan Mason, Jr., Jacob B. Bailey, Amos P. Bush, and Flavius J. Littlejohn, all of the county of Allegan, and their successors, be and they are hereby created a body corporate and politic, to be styled "The Board of Trustees of the Allegan Academy," and by that name shall remain in perpetual succession, with full powers to acquire, hold and convey property, real and personal, not exceeding in value five thousand dollars; to have and use a common seal, and alter the same at pleasure; to sue and be sued, plead and be impleaded; to make, alter and modify from time to time, such by-laws, rules and regulations as they may deem necessary for the government of said institution, its officers and employees: Provided, Such by-laws, rules and regulations are not inconsistent with the constitution and laws of the United States and of this State.

SEC. 2. Said Academy shall be located in or near the village of Allegan, and shall be erected upon a plan sufficiently extensive and commodious for the purposes of an academic institution; and the said trustees, as the wants of the community require, may erect additional departments for instruction in the liberal arts and sciences.

SEC. 3. The board of trustees shall consist of twelve members, maintaining a perpetual succession by the annual election of four to supply the vacancy occasioned by the expiration of the term of a like number.

SEC. 4. The board of trustees shall annually elect from their number a president, secretary and treesurer, and shall, from time to time, appoint a principal and other necessary instructors and officers of the institution, and shall have power, for good and sufficient reasons, to remove any or either of them; and also to fill vacancies which may happen by death, resignation or otherwise, and also to prescribe and direct the general plan of instruction, the books to be used, and the tuition fee per term or quarter in said institution and its departments.

SEC. 5. Said board shall faithfully apply all funds by them collected, in money or otherwise, and all suis received or required in erecting suitable buildings, supporting the necessary officers and teachers, and in procuring books, maps or other articles necessary to ensure the success of said institution, or for the purpose of reducing the expense of instruction.

Sec. 6. A public examination of the students in the various branches of study by them pursued, shall be had at the close of each term, and a public exhibition shall be had once in each year, at such time and place as the board of trustees shall from time to time designate.