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be the duty of the said nine trustees of the University of Vermont, to elect successors to fill any vacancy which may occur among their number, and all the trustees so elected as is hereinbefore provided, shall, together with his excellency, the governor of the State, and the president, who shall bc, ex-officio, a member, constitute an entire board of trustees of the corporation hereby created, who shall have the entire management and control of its property and affairs, and in all things relating thereto, except in the elections to fill vacancies as aforesaid, shall act together jointly, as one entire board of trustees; provided, that all future elections or appointments to said board of trustees shall be made with special reference to preventing any religious denominational preponderance in said board.

§3. Said board of trustees, a majority of whom may constitute a quorum for the transaction of business, may confer such honors and degrees as are usually given in colleges and universities, and any other appropriate degrees, and may, from time to time, as occasion may require, elect a president, also a secretary, treasurer, librarian, professors, instructors, and any other necessary officers, and prescribe their duties, salaries and term of office, and may make all necessary by-laws and regulations for the government of themselves and others connected with the institution, not inconsistent with the provisions of this act, and therein prescribe the terms of admission, rates of tuition, modes of study, and course of instruction, including any proper regulations for uniform, discipline and military drill, as well as for experimental and practical instruction in the different branches of agricultural labor.

§ 4. Said board of trustees shall have the right to use, control, sell or dispose of all the real estate and personal property now belonging to the University of Vermont, and belonging to any other institution at the time of its union, if such union shall be made with this corporation agreeably to this act, subject, however, to the payment of any debts of such institutions existing at the time of such union, and subject to any trusts, duties and obligations connected therewith, and shall be entitled to receive and use, for the purposes aforesaid, the rents and uses of any of the aforesaid lands, including the rents and uses of all such lands as have been heretofore reserved in any charter of land in this State for the use and benefit of any college, and may have the same rights in respect to said lands, and to any leases of the same, and to any rents arising therefrom, that said institutions respectively now have, and may maintain suits in their own name, or in the name of such new corporation, to recover the same; provided, that the rights of all parties shall remain, and the same defenses shall be had to such suits as if the same were brought in the name and as between the said original parties; and the corporation hereby created shall, at all times, assume, discharge and perform all the debts, duties, trusts and obligations which said several institutions were subject to at the time they became united in said new corporation, by virtue of this act.

§ 5. There shall at all times be maintained in the institution hereby created, such instruction in the various branches of learning, as is contemplated in the several charters of each of the institutions hereby united; and more particularly including a four years' course of studies, similar to such as are generally taught in other colleges, and not inferior to that recently taught in said University of Vermont; and in addition to that which is usually taught in other

colleges, the instruction in this institution shall include such enlarged facilities and extended scope and variety in the study of those branches which relate to military tactics, agriculture and the mechanic arts, as shall render the whole instruction in conformity with said act of Congress, as well as with the several charters aforesaid.

§ 6. Said trustees may, in their discretion, obtain by gift, grant or otherwise, a tract of land which, together with the land now owned by the University of Vermont, shall amount to at least one hundred acres, to be used as an experimental farm, whereon they may make any desirable experiments in the breeding of stock, field culture, the analysis and adaptation of soils, and horticultural and botanical gardening, or either of them, as they may deem proper, and also for the purpose of military encampment, target-firing, drill and review; and said trustees may use, lease or dispose of the same, as they may think proper, so as best to promote the objects of the institutions. And in case said land shall be procured, as aforesaid, a sum not to exceed one-tenth of the money which has been received by the State treasurer for the sale of land scrip, in pursuance of the act of Congress authorizing the same, shall be paid to said board of trustees for the purposes aforesaid; provided, that no agricul tural labor shall be required of students, except by their voluntary agreement

or consent.

§ 7. Whenever this corporation shall have been duly organized, there shall be appropriated and paid to its treasurer, annually, for the purpose herein mentioned, on the warrant of the governor, the interest or the income which may be received from the fund created under and by virtue of the act of Congress.

§ 8. The corporation hereby created shall make annual reports to the legislature of this State, of their condition, financial and otherwise, and make and distribute the reports required by the act of Congress herein referred to, and the legislature may annually appoint a board of visitors, who may annually examine the affairs of said corporation.

9. The permanent location of the institution hereby created shall be in Burlington, in said State of Vermont, and the first meeting of the board of trustees shall be there held on the 15th day of November next, at seven o'clock, P. M., or if such meeting shall not be held at that time, it shall be held at such other time and place as the governor of this State may appoint, seasonable notice of said appointment having been first given to each of the trustees or corporators of the Vermont University and Vermont Agricultural College.

§ 10. The president and fellows of Middlebury College and the Norwich University, or either of them, may hereafter, with the assent and concurrence by vote of a majority of each of the nine trustees elected as aforesaid, and their successors, become incorporated and united with the corporation hereby created, by vote of their said corporations, at any meeting legally warned and holden, and by leaving for record, in the office of the secretary of the state, a true and attested copy of such vote or votes, and of all the proceedings of the meeting or meetings at which the votes aforesaid were passed, and causing the same to be recorded in said office.

§ 11. If, at any time, the corporation hereby created shall fail substantially to carry out the provisions and requirements of this act, the supreme court of this State may, at any stated session thereof, having first given due notice to said corporation, annul and vacate this charter, and in such case, or in case said

corporation shall otherwise be dissolved, said supreme court may, on application, order and decree that the income thereafter to be derived from the proceeds of the sale of said land scrip in the hands of the State treasurer as aforesaid, together with such amount as may have been paid over by said treasurer for the purpose of an experimental farm, shall revert to said Vermont Agricultural College, and all the other property and effects which, at the time of said union, belonged to said other institution, shall revert to and be the property of the other institution or institutions which shall have been united and incorporated by, or in pursuance of this act, and in case more than one such other institution shall have been thus united, such other property shall revert to them separately, such specific property to each, as said court shall adjudge and decree, having reference in making such decree to what was originally owned or contributed by each; provided, that in respect to any property or funds hereafter acquired by said new corporation, by gift, grant, bequest or otherwise, the same shall be awarded and distributed to each of the institutions hereby incorporated or hereafter united, in such manner as said court shall deem just and equitable, having reference to the manner the same was acquired, and to any specific trusts, or expressed intention of any donors, made at the time the same was acquired. And for the purposes aforesaid, as well as for all other purposes, the said several corporations which shall have been united by virtue of this act, shall be deemed and treated as having continued in life, and the several trustees which shall have been elected by each at the time they were united, and their successors, shall be deemed and treated to have been, since the time of their elections, the trustees of their respective institutions, as well as trustees of the united corporation, and, as such trustees, may receive the property and effects which may revert to their respective corporations by such decree of court, and they and their successors, whom they may thereafter appoint, may continue and manage the affairs of their respective corporations thereafter, in the same manner as the trustees of each might have done before they were united as aforesaid.

12. This act shall take effect whenever the two corporations hereby united shall, at a meeting duly warned, vote to accept the same, and to surrender and relinquish to the corporation hereby created, all the property belonging to them, whether real or personal, and all the rents, profits and income therefrom arising, including said proceeds from the sale of said land scrip, for the purpose, and subject to all the rights, trusts and conditions as in this act provided; and it shall be the duty of each of said corporations to cause a copy of the record of such votes, duly certified by the secretaries of their respective corporations, to be left for record and duly recorded in the office of the secretary of state; whereupon, by virtue of such votes, such property, rents, profits and income shall become the property of the corporation hereby created, for the purposes, and subject to the rights, trusts and conditions aforesaid; and said property, and the property hereafter acquired by the corporation hereby created, shall be subject to all the conditions, immunities and exemptions now pertaining to the property now held by said University of Vermont.

§ 13. All of an act entitled "An Act to establish the Vermont Agricultural College," approved November 22, 1864, which is inconsistent with the pro- . visions of this act, is hereby repealed.

WEST VIRGINIA.

AN ACT FOR THE REGULATION OF THE WEST VIRGINIA AGRICULTURAL ·

COLLEGE.

(Passed February 7th, 1867.)

Whereas, The congress of the United States did by act passed July 2d, 1862, and by subsequent act passed April 19th, 1864, donate to the State of West Virginia certain lands, (one hundred and fifty thousand acres,) for the promotion of Agriculture and the Mechanic Arts, including military tactics, within the State of West Virginia; the proceeds of which are to be invested in bonds and stocks of the United States, or stocks of this state, and are to become a permanent endowment for the purpose of maintaining an agricultural college in the State of West Virginia, upon conditions recited in said acts:

And Whereas, the Legislature of the State of West Virginia, did, "on the third day of October, eighteen hundred and sixty-three, pass an act accepting the said donation, and the said land warrants having been received by the governor, and by him sold and converted into current funds of the United States:

And Whereas, the board of trustees of Monongolia Academy, have by resolution, passed January, 9th, 1866, tendered to the State of West Virginia the buildings, property and funds of said Academy, including the property known as Woodburn Female Seminary, by resolution in the following words, to wit: "Resolved, That this board tender to the legislature of West Virginia, all the real and personal effects held as the property of Monongolia Academy, including the property known as 'Woodburn Female Seminary,' amounting as a whole to the following estimated value, viz:

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To be absolutely held and used by the State of West Virginia, on the express condition that the contemplated agricultural college be located permanently at or near Morgantown, and that the funds and real estate hereby tendered to be used solely for the benefit of said college," therefore,

Be it enacted by the Legislature of West Virginia,—

§ 1. That the funds derived from the sale of the United States land warrants donated to this state for the purpose of endowing an agricultural college, be invested by the governor in a loan, or public stock of the United States, for the use and benefit of a college to be called the “Agricultural College of West Virginia," endowed as aforesaid, and to be further established, regulated and maintained, according to a plan hereinafter provided for.

§ 2. That this state hereby accepts the tender of the board of trustees of Monongolia Academy; and that said college shall be located at or near Morgantown, in the county of Monongolia, and that the interest and dividends a‹cruing from the fund donated by congress be appropriated to aid the establishment of said college.

3. That the governor of this state shall, within thirty days after the passage of this act, appoint eleven suitable persons, one from each senatorial district, who shall constitute a board of visitors for said college, and who shall have a common seal; any three of whom may constitute a quorum for the transaction of ordinary business; but for making arrangements for the erection of buildings or the permanent alteration of present buildings, as well as the appointment or removal from office of professors, the concurrence of a majority of the board shall be required.

§ 4. When the said board hereby constituted, shall have served one year, two of their number, (to be determined by lot,) shall vacate their positions, and two others, on each succeeding year, shall do the same, and the remaining nine shall annually elect from the senatorial districts vacated, two new members of the board, who shall be approved and commissioned by the governor, in case of death, removal, or refusal to act, any three members of said board may proceed to call the rest of the board together to fill such vacancy.

§ 5. That it shall be the duty of said visitors, on or before the first Wednesday of April next, and on the first Wednesday in July annually thereafter, or at such time as they may designate, to meet at the college buildings now known as "Woodburn Female Seminary," and there establish such departments of education in literature, science, art and agriculture, as they may deem expedient, and as the funds under their control may warrant, and purchase such materials, implements and apparatus as may be requisite to proper instruction in all said branches of learning, so as to carry out the spirit of the act of congress aforesaid, approved July 2d, 1862. And they shall also appoint a superintendent, who shall have general supervision and control of the property and interests of said college during the vacation of said board.

§ 6. That said board shall establish and declare such rules and regulations and by-laws as they may deem necessary for the proper organization, tuition and good government of the said college, and the protection of the public property belonging to said college, as shall not be inconsistent with the laws of this state or of the United States; they shall appoint a treasurer, taking bond from him with ample security, conditioned for the faithful keeping and disbursing of such money herein or hereafter appropriated, and such other moneys as shall be allowed by said board to come into his hands from time to time; they shall also settle his accounts annually, or oftener if they think best; inspect all the public property of said college, and make a full report of the condition, income, expenditures and management of said college, to the governor annually; to be by him laid before the legislature.

§ 7. Said board shall have power to create a preparatory department to said college, and appoint any other professorship than heretofore mentioned, if the same be deemed essential; fix the salaries of the professors and of the superintendent, and remove them for good cause; but in cases of removal, the concurrence of a majority of the board shall be required, and the reasons

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