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Oath of trustees.

Lands of se

minary ex empt from taxation.

Professors, masters and students ex

empt from militia duty.

appear most for the advantage of the said seminary. Provided, That no lands given by the commonwealth shall ever be sold without special leave first obtained from the legislature; and also from time to time to establish bye-laws, rules, and ordinances, not contrary to the constitution or laws of the commonwealth, as by them shall be thought necessary for the good order and government of the said seminary. The said trustees, before they enter upon the execution of the trust reposed in them, shall severally take the usual oath of fidelity to government, and also the following oath of office, to be administered by either of the judges of the supreme court of the district of Kentucky to the trustee then present that stands first in the nomination, and by him to the other trustees, that is to say: "I, A. B. do swear (or affirm) that I will, to the best of my skill and judgment, faithfully and truly discharge the duties of a trustee, required of me by an act, intituled, 'An act to amend an act, intituled, an act to vest certain escheated lands in the county of Kentucky in trustees for a public school,' without favor, affection, or parti ality. So help me God." And the same oath of fidelity, and a similar oath of office, shall be administered by the board of trustees, to the president, professors, and masters of the said seminary, and also to their treasurer and clerk, And as a testimony that the general assembly are solicitous for the good education of youth in every part of the community, and at all times disposed to give every assistance to seminaries of learning that may comport with the low state of the public funds;

V. Be it enacted, That twenty thousand acres of land belonging to the said Transylvania seminary, if so much shall at any time be obtained for its use, shall forever be exempted from all public taxes; and any greater quantity belonging to the same, shall likewise be exempted from taxation until the first day of January, which shall be in the year of our Lord one thousand seven hundred and ninety-five; any law to the contrary notwithstanding. And all the professors, masters, and students enrolled in the said seminary, so long as they continue to reside therein, shall be exempted from militia duty; and all lands within the said district, the whole amount of which does not exceed twelve thou sand acres, that now are or hereafter may become ess

1

after eschea

cheatable to the commonwealth, shall, when escheated, Lands here. be vested in the said trustees and their successors as a ted in Kenfree donation from the commonwealth for the use of the tucky, to said seminary; and upon paying the office fees, and vest in trusother charges accruing thereupon, a title shall pass to tees the said trustees as if such lands had been purchased by them at their full value. Provided, This dona- Proviso. tion shall not be construed to extend to any lands belonging to real British subjects or others, so as to contravene the treaty of peace between Great Britain and the United States of America, nor ever exceed in the whole amount the aforesaid quantity of twelve thousand acres.

VI. And be it further enacted, That the before Power of named trustees and their successors, are empowered, at trustees to e any convenient place or places within the said district rect bu id. ings, and ap. of Kentucky, to erect, repair, enlarge, and furnish such point probuildings for the use of the said seminary; and to fessors, elect by ballot a president, treasurer, and clerk, and so many professors and masters as may be necessary; also to transact and accomplish any lawful matter or thing whatsoever, which they shall judge most conducive to the end of the institution, and consistent with

the state of its funds. The president, and the other Salaries and officers aforesaid, shall have fixed salaries appointed tenure of them, and continue in offiee during good behaviour, and they shall be ineligible as trustees while they continue in office; but upon invitation or leave given by the board of trustees, the president, or any of the professors, may attend and debate upon any question under their deliberation.

when and

VII. And be it further enacted, That the first ses- Sessions of sion of the said trustees shall be held at John Crow's trustees, station, in Lincoln County, on the second Monday in where to be. November next; and thereafter they shall hold two held. stated sessions in every year, at any convenient place in the said district to which they shall adjourn, to commence on the second Mondays in April and October, until these stated times are altered by the concurrence

of not less than thirteen of the said trustees. The Adjourned, said trustees so met, or any five of them, if more do and called not attend, shall have power to adjouurn to the next meetings. stated session, or to any shorter time; and in cases of emergency, the chairman, with the advice, or at the request of any five of the trustees, shall also have pow.

sence, seat vacated.

er to call a meeting of the board, to be held at the For what de- place to which their last adjournment was made. And gree of ab- if any one of the said trustees shall absent himself from three of their stated sessions successively, he shall be considered as having vacated his seat, and at their next stated session another trustee shall be elected to serve in his stead, unless the board shall then be well assured that the causes of such absence are removed.

Number of VIII. And be it further enacted, That not less than trustees ne. thirteen of the said trustees shall constitute a board to cessary for determine upon any matter relating to the said semiparticular ⚫bjects. nary, and in fixing upon the place for establishing the seminary, forming the constitution thereof, electing the president and professors, and ascertaining their salaries; as also in the disposal of any lands belonging thereto, thirteen of the members shall concur in opini~~ on thereupon. Provided always, That no land or other property, that may hereafter be vested in the said trustees, as an unalienable endowment to the said seminary, shall ever be sold or otherwise transferred from the special purpose to which it was appropriated by the donor.

Treasurer to give bond.

IX. And be it further enacted, That the treasurer, first giving bond and security for such sum as the trustees shall direct, payable to the chairman for the time being, and conditioned for the faithful discharge of his trust, shall receive all monies accruing to the said seminary, and other property sent to his care, and pay or deliver the same to the order of the board of trustees, His powers signed by their clerk, and countersigned by their chair& liability. man; and when thereunto required by the board, shall render an account of all such monies, goods, and chat tels, to him committed, and on failure or refusal, upon motion made to the county court in which he resides, after ten days previous notice given him by the said trustees, he shall be subject to the like proceedings as at the time may be lawfully had against sheriffs failing to account for and pay their public collections.

Examination X. And be it further enacted, That the said trustees of students. shall, once at their stated session in every year, and again on any convenient time, either on or before their second stated session in the same year, in the presence of as many gentlemen of liberal education as may choose to attend, cause all the students in the said seminary to be carefully examined by the professors and masters of

Degrees,

the same, on the several branches of learning which they have respectively studied, that the fidelity of the teachers, and the diligence of their pupils may appear; and at the second stated session aforesaid, the president in open assembly shall, as has been accustomed in like what and cases, confer by diploma, signed by the president and how confer any five or more of the trustees, the degrees of Batche- red. lor or Master of Arts, upon all such students, if such there be as the said trustees, with the concurrence of a majority of the professors shall adjudge to have merited the honors of the seminary, by their virtue and erudition; and at the same time confer any honorary degrees which, with the like advice, shall be adjudged to other gentlemen on account of special merit.

Vacancies of trustees,how

XI. And be it further enacted, That upon the death, resignation, or other legal disability, of any of the said supplied. trustees, it shall be lawful for a majority of the remaining trustees, at their next or any succeeding stated session, to supply such vacancies by ballot, and thereby keep up a succession until the mode of electing trustees shall be otherwise directed by law. Provided always, when there is not a majority of votes in favor of any one of the candidates, a ballot shall then be taken between the two that have the greatest number, which shall determine the election of one trustee; and in like manner they shall continue to proceed by ballot, until the several vacancies are supplied.

XII. Provided always, and be it further enacted, That the said trustees shall, at all times, be accountable for their transactions touching any matter or thing relating to the said seminary, in such manner as the legislature shall direct.

[Chapter CLXXXI in

original.]

p. 205.]

CHAP. XXXVII.

[Chan. Rev. An act to authorize the United States in congress assembled to procure ten acres of land in this state, for the use of the United States.

thorised to

procure ten acres of land in this state

for the parpose of erecting muga. zines

Congress of 1. BE it enacted, That the congress of the United U States au- States shall be, and they are hereby authorized and empowered, to procure ten acres of land in any part of this state, for the purpose of erecting magazines for the use of the United States, by purchase, from any person or persons willing to sell the same; and in case a convenient seat cannot be procured by that means, it shall and may be lawful for the governor with the advice of council, to cause to be surveyed and laid off any quantity of land, not exceeding ten acres, in such place as If none will. major general Lincoln, or any other person appointed ing to sell, by congress, shall judge proper, and shall cause the how it may be taken. same to be valued on oath, by twelve disinterested freeholders of the said county, where such land may be; which survey and valuation shall be certified by the persons making the same, to the court of such county, and there recorded. And upon payment or tender of the sum, to which such land shall be valued, to the owner or owners thereof, the same shall be vested in the United States for ever, for the purpose aforesaid.

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