Sec[Section] 1st Be it enacted by the people of the State of Illinois represented in the General Assembly, That the persons hereafter to be elected in pursuance of the provisions of this
act, and their successors, be, and they are hereby created, a body politic and corporate,
to be styled “The Trustees of the Danville Academy” and in that name to remain in perpetual succession, with power to sue and be sued,
to plead and be impleaded, to acquire, hold, and convey property real and personal;
to have and use a common seal, to alter the same at pleasure: to make and alter from
time to time, such by-laws as they may deem necessary for the government and regulation
of said Institution and its officers and servants and property. Provided, such by-laws be not inconsistent
with the Constitution and laws of the United States and of this state, or of this act.
Sec 3d The Trustees of said institution shall consist of nine Stockholders: at the first election, three of whom shall be
elected by ballot for the term of three years, other three shall be elected for the
term of two years, and the other three shall be elected
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elected to serve for the term of one year, and who shall continue in office, until
their successors are duly elected; and every year there after there shall be an election
of three trustees held at some convenient place, to be from time to time ascertained
and fixed by the by-laws of the said corporation until the said Academy is fitted for holding elections therein; after which, all elections shall be held
at such Academy, and that any person holding more than one right or share in said Academy, shall be entitled to one vote for each right or share he or she shall hold in the
same
Sec 3rd The Stockholders of said institution shall have power to fill such vacancy or vacancies of said trustees as may happen
by death, resignation or otherwise, and the said trustees shall hold the property
of said institution, solely for the purposes and advantage of education in said Academy, and not as a stock for the individual benefit of themselves, or any contributor
to the endowment of the same, and no particular religious faith shall ^be required^ of those who become trustees or students, teachers, officers or servants of the said
institution
Sec 4th Said Institution shall be located in, or within one fourth of a mile of the town
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of Danville, in the county of Vermillion, in said state. And the said trustees shall be competent in law or equity, to take to themselves
and their successors in office, in their said corporate name, any estate real, personal
or mixed, by the gift, grant bargain and sale, conveyance, will, demise or bequest
of any person or persons whomsoever, and the same estate, whether real or personal,
to grant, bargain, sell, convey[,] demise, let, place out on interest or otherwise dispose of for the use of said Institution in such manner as shall seem to them most beneficial to the Institution. Said trustees shall faithfully apply all funds collected or the proceeds, according
to their best judgment, in erecting and completing a suitable building or buildings;
supporting the necessary officers, Instructors , ^instructresses^ and servants, and procuring books, maps[,] Charts, Globes, philosophical and other apparatus, necessary to the success of said
Academy. Provided nevertheless, that in case any donation devise or bequest shall be made
for particular purposes, accordant with the designs of this institution, and the corporation shall accept the same, every donation, devise, or bequest shall
be applied in conformity with the express conditions of ^the^ donor, or devisors.
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Sec. 5th The Stockholders shall triennially elect a Treasurer for said Institution, who shall, before he enters upon the duties of his office, give a bond with approved
security, to the trustees of the Danville Academy, in such penal sum as they may require, for the due and faithful performance of
his duty as treasurer; and in case of the death, removal or refusal or neglect to
serve, of the Treasurer for the time being, it shall be lawful for the trustees of
the said Academy at any of their meetings, to appoint another treasurer instead of the one dying,
removing, refusing or neglecting to serve as aforesaid, to remain in office till the
expiration fo the time during which his predecessor was entitled to serve; 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, or at his usual place
of abode; at least thirty days before the return thereof.
Sec 6th The trustees shall have power to employ and appoint a principal for said institution, and all such instructors and instructresses, and also such servants as may be necessary,
and shall have power to displace any or either of them as they may deem the interest
of the institution to
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^require^ to fill vacancies which may happen, by death, resignation or otherwise, among said
officers and servants.
Sec 7th The lands within the bounds of the State, held in perpetuity by this charter ^corporation^ shall not exceed forty acres at one time, and if donations in lands, shall be made
at any time to said corporation, the same may be received and held in trust by said
board of trustees, and shall be sold within five years from the date of such donation,
for the benefit of said institution; in failure whereof the lands so given, shall revert to the donor or grantor of the
same, or to their heirs, and the said board of trustees, shall in no case, lease or
rent out any lands so held, for a longer term than four years, from the time of such
donation or grant
Sec 8 The trustees shall meet annually and oftener if they think necessary, in the town
of Danville or at the Academy, and, shall appoint one of their body, a clerk, who shall from time to time keep a faithful and correct record of all the proceedings of said trustees. They
shall elect all of their officers, instructors ^instructresses^ and servants, by ballot, and a majority of said trustees, shall be sufficient to
do buisiness
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buisiness, appertaining to the welfare of said institution.
Sec. 9th That on payment of Ten Dollars to the Treasurer of said institution, every free white person shall be considered a stock holder, and be entitled to one
vote; and that it shall be lawful for each and every stockholder for the time being,
of said institution, his executors, administrators and assigns, to give, sell, devise and dispose of
their respective rights or shares in the said Academy; and that their respective assignees shall be stockholders of said institution; and shall be entitled to all the same rights, and priveliges in said institution, as the original stockholders are entitled to by this act. Provided, that a part
of a right or share in said Academy shall not entitle the owner proprietor or owner thereof to any privelege whatever in said institution.
Sec 10 That John Haworth, Dr Thomas Heywood, George Barnett, Nicholas Van Deusen, Thomas Chenowith, Dr John Woods, George Scarborough, Alexander McDonald[,] Owen West, James Partlow, Dr William Watters, Solomon Gilbert[,] Dan. W Beckwith, Charles Martin, Thos C. Forbes, Peleg Spencer, Samuel McRoberts, William E Russell and Amos Williams of Vermillion County
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William Webber and Moses Thomas of Champaign county, Hugh Newell and Isaac Courtright of Iroquois county and Milton K Alexander and Gideon Miner of Edgar County and Charles S Morton and Joseph Van Deeren of the County of Coles, be, and they are hereby appointed Commissioners, to solicit and receive subscriptions
of stock to said institution and give receipts for the same; and that when the sum of Fifteen hundred Dollars
of Stock is subscribed, Said commissioners, or any three of them shall be, and they
are hereby authorised, to give public notice, for three weeks in some public newspaper
published in this State, and by posting up written notices, in six of the most public places in the county,
of the time of holding an election for trustees for said institution, which said election shall be held at the Courthouse in Danville, Illinois, between the hours of 12 Oclock M, and 6 P M on said day, and that the said commissioners
or any three of them be, and they are hereby appointed judges of said election; the
second election for trustees and every subsequent one shall be held on the first Monday
in October annually, at the Academy, between the hours of 12 M and
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and 6 P M. on said day . That each Stockholder shall be required, at or before the
first election for trustees, to pay to said Commissioners five dollars on each share
by him or her so subscribed, and the residue in six months from the date of such election.
Provided, that any stockholder refusing or neglecting to pay the ballance due on any share or shares, shall forfeit to said institution, the money paid on such share or shares so neglected.
Sec. 11 All elections for trustees shall be by ballot, with the name of the voter or
stockholder written or printed on the ballot, and the number of shares of stock, he
or she holds in said Institution; (and (after the first election), shall be given to the treasurer or clerk of the
board of trustees, a majority of whom shall act as the board of Election.
Sec 12 The said Academy, when erected, and in operation, shall at all times be open for the use and privelege of every free white person within the United States, who may wish to be instructed,
by the instructors or instructresses employed by the trustees thereof, provided said
free white person will comply with the laws, and by-laws, and pay the sum affixed
by said trustees for the instruction of the students attending at the same. Provided,
nevertheless, that each and
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and every Stockholder in said institution shall be entitled to the admission of one pupil in the same for each, and every share
he or she may legally hold therein.
Sec 13 That every free white person who may at any time, tender the sum of ten dollars
to the treasurer of the institution, it shall be his duty to accept of the same, and give the person, so tendering the
money, a certificate of the same.
Sec. 14 If at any time, this corporation shall act contrary to the provisions, and interest
of this charter; or shall in any manner abuse the powers herein granted, it shall
be the duty of the Attorney General to file an information in the nature of a quo warranto, for the purpose of; vacating and annulling this act, and the powers herein granted,
Provided however in case the charter is in that event annulled and vacated, the trustees
of the said institution, shall have the power of selling, and disposing of all the property real and personal,
for the benefit of the stockholders, the proceeds of which, shall by the said trustees,
be paid over to the owners within three years from the time of such sale and disposition,
and provided also
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also, that in case of neglect or refusal by said trustees to pay over the money as
aforesaid, within the time aforesaid, the stockholders may institute a suit or suits
in law or equity against such trustees jointly, who shall be liable to the amount
of the real and personal property belonging to said Institution , and costs of suit.
Sec 15 That in case it should happen that an election of trustees should not be made
on any day when, pursuant to this act, it ought to have been made, the said Corporation
shall ^not^ for that cause be deemed to be dissolved, but that it shall be lawful on any other
day, to hold and make an election of trustees in such manner as shall have been regulated
by the laws and ordinances of said corporation.
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[ docketing
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A Bill, For an act, to incorporate the Danville Academy.
[ docketing
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Select Comee[Committee]
Vance
Edwards
Thomas
Vance
Edwards
Thomas
[ docketing
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Engrossed
Handwritten Document, 12 page(s), Folder 18, HB 18, GA Session 9-2,
Illinois State Archives (Springfield, IL) ,