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law or equity to take to themselves in their said corporate name, real, personal, or mixed estate, by gift, grant, bargain and sale, conveyance, will, demise or bequest, of any person whatsoever; and the same estate, whether real, personal or mixed, to grant, bargain, sell, convey, demise, let, place out at interest, or otherwise dispose of the same for the use of said institution, in such manner as to them shall seem most beneficial to said istitution. Said corporators shall faithfully apply all the funds collected, as the proceeds of the property belonging to the said institution, according to their best judgment, in erecting and completing suitable buildings, supporting necessary officers, instructors, servants and agents, and procuring books, maps, charts, globes and philosophical, chemical and all other apparatus necessary to the success of the institution, and do all other acts usually performed by similar institutions, that may be deemed necessary to the success of said institution, under the restrictions imposed; Provided, nevertheless, that in case any donation, demise or bequest, shall be made for particular purposes, accordant with the design of the institution, and the corporation shall accept the same; every such donation, demise or bequest, shall be applied in conformity with the express conditions of the donors or devisors: Provided, further, that said. corporation shall not be allowed to hold more than two thousand acres of land at any one time, unless the said corporation shall have received the same by gift, grant or demise; and in such case they shall be required to sell or dispose of the same within ten years from the time they shall acquire such title, and in failure to do so, such land, over and above the before named two thousand acres shall revert to the original donor, grantor, devisors or their heirs.

bond.

SEC. 5. That the treasurer of the institution, and all other officers to give agents, when required, before entering upon the duties of their appointment, shall give bond for the security of the corporation, in such penal sum, and with such securities, as the corporation. shall approve; and all processes against the corporation, shall be by summons, and the service of the same shall be by leaving an attested copy thereof, with the treasurer, at least sixty days before the return day thereof.

officers.

SEC. 6. That the corporation shall have power to employ and May appoint appoint a president, or principal, for said institution, and all such professors or teachers, and all such agents or servants as may be necessary, and shall have power to displace any, or such

cies.

May fill vacan- of them as the interest of the institution may require; to fill vacancies which may happen by death, resignation or otherwise, among said officers and servants; and to prescribe and direct the course of studies to be pursued in said institution, by and with the advice and consent of the president and professors thereof.

May establish different departments.

May institute a board of exam

iners.

If corporation acts contrary to

SEC. 7. That the corporation shall have power to establish departments for the study of any and all the learned and liberal professions in the same, to confer the degrees of doctor in the learned arts and sciences and belle lettres, and to confer such other academical degrees as are usually conferred by the most learned institutions.

SEC. 8. That the said corporation shall have power to institute a board of competent persons, always including the faculty, who shall examine such individuals as may apply, and if such applicants are found to possess such knowledge pursued in said institution as, in the judgment of said board, renders them worthy, they may be considered graduates in course, and shall be entitled to diplomas accordingly, on paying such fees as the corporation shall affix; which fee, however, shall, in no case, exceed the tuition bills of the full course of studies in said institution. Such examining board may not exceed the number of ten, three of whom may transact business: Provided, one be of the faculty.

SEC. 9. That, should the corporation, at any time, act conprovisions of trary to the provisions of this charter, or fail to comply with

this Act. Remedy.

the same, upon complaint being made to the proper court of the county in which said university is situated, a scire facias shall issue, and the proper attorney shall prosecute in behalf of the people of the Territory for forfeiture of this charter. This Act shall be a public Act, and shall be construed liberally in all courts, for the purposes herein expressed.

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CHAPTER XLVI.

BLUE MONT CENTRAL COLLEGE ASSOCIATION.

AN ACT to Incorporate the Blue Mont Central College Association

Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas:

porators.

SECTION 1. That J. Denison, S. D. Houston, C. E. Blood, Names of corW. McCullom, J. T. Goodnow, Washington Marlatt, G. S. Park, S. C. Pomeroy, T. H. Webb, and their associates and successors, are hereby constituted a body corporate, under the name and style of the Blue Mont Central College Association, and by that name shall have perpetual succession, and shall have a common seal, and may change and alter the same at pleasure, may Powers. sue and be sued, plead and be impleaded, defend and be defended, in any court of law or equity, and shall have power to hold by gift, grant, devise, purchase or otherwise, any lands, tenements, hereditaments, moneys, rents, goods and chattels of whatever kind, that have been heretofore, or may hereafter be given, granted or devised to, or purchased by them, for the benefit of said association, and may sell and dispose of the same, or any part thereof, on lease or rent, or improve the same in such manner as they shall deem most conducive to the interests of said association.

SEC. 2. The objects of the association are, and shall be, the Objects of aspromotion of education and science in Kansas Territory.

SEC. 3. It shall be lawful for this association to locate a college, to be called the Blue Mont Central College, at or near Manhattan city, Kansas Territory.

sociation.

May locate a college.

ferred.

SEC. 4. That the said association shall have power and au- Powers conthority to establish, in addition to the literary department of arts and sciences, an agricultural department, with separate professors, to test soils, experiment in the raising of crops, the cultivation of trees, and upon a farm set apart for the purpose, so as to bring out, to the utmost practical result, the agricultural advantages of Kansas, especially the capabilities of its high prairie lands.

SEC. 5. This association shall have power to make all rules, May pass byby-laws and regulations necessary to carry out the provisions of

this Act.

laws, &c.

SEC. 6. All property or funds, real, personal or mixed, that Exempt from may be received, held or appropriated by or for said association,

taxation.

for the exclusive purposes of education, literary, scientific and agricultural, shall be forever exempt from taxation; Provided, That nothing in this Act shall be so construed, in such manner, as to allow said corporation to hold more that five thousand acres of land at one time.

This Act to take effect and be in force from and after its

passage.
[Signed,]

G. W. DEITZLER,

Speaker of House of Representatives.
C. W. BABCOCK,

President of the Council.

Approved February 9, 1858.

J. W. DENVER,

Acting Governor.

Names of corporators.

Powers.

CHAPTER XLVII.

EWING COLLEGE ASSOCIATION.

AN ACT to Incorporate the Ewing College Association.

Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas:

SECTION 1. That George Ewings, Arthur J. Baker, David Swim, George W. Rees, William Quimsby and Elisha Goddard, their associates and successors, be, and they are hereby constituted a body politic and corporate, by the name and style of the Ewing College Association, and by that name shall be competent to make contracts, sue and be sued, implead and be impleaded, in all matters whatsoever; said association is authorized to have and use a common seal, and to alter the same at pleasure, and to make such by-laws as may be deemed necessary for the government of said association, and management of its affairs. May hold real SEC. 2. That said association shall have power to receive, acquire, recover and hold any money, or real or personal property, or estate, that may be granted, donated or devised for the use of said institution; and may purchase and dispose of property in such manner as will best promote the object of their organization.

estate, &c.

Object of association.

SEC. 3. That the object and design of said association shall be the establishment of a college near the city of Americus, in which are to be taught the elementary branches of education,

together with sciences and modern and ancient languages, in the manner that may be determined from time to time by the proper officers of the said association, and as the same may be set forth in their by-laws and regulations.

to defeat any

SEC. 4. That no misnomer of the said association, shall de- Misnomer not feat any intended gift, grant, conveyance, devise or bequest gift, &c. thereto, nor any act or deed, intended to be done or made thereby, be construed as not to permit said college to hold, at any

time, more than three hundred and twenty acres of land.

This Act to take effect and be in force from and after its

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AN ACT to Incorporate the Highland University Company.

Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansas:

porators.

SECTION 1. That Hon. Walter Lowrie, C. Van Renssellaer, Names of corD. D. J. Campbell, C. Graham, C. B. Campbell, G. S. Rice, E. M. Hubbard and S. M. Irvine, and their successors, duly elected and appointed in manner as is hereinafter directed, be, and they are hereby made, declared and constituted a corporation and body politic and corporate, in law and in fact, to have continuance by the name and style of Highland University Company, and by this name and style aforesaid, shall be able and capable, Powers. in law, to take, receive and hold all manner of lands, tenements, rents, annuities, franchises and other hereditaments, which, at any time or times heretofore or hereafter granted, bargained, sold, released, devised or otherwise conveyed for the use of said company, and the said corporation and their successors are hereby declared to be seized and possessed of such estate and estates therein, as in and by the the respective grants, bargains,

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