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In force, Jan.[January] 15, 1836.
AN ACT to incorporate the Danville Academy.
1
Corporation
Sec.[Section] 1. 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 bye-laws as they may deem necessary for the government and regulation of said institution, and its officers and servants and property: Provided, Such bye-laws be not inconsistent with the constitution and laws of the United States, and of this state, or of this act.
Trustees.
Elections.
Sec. 2. 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 to serve for the term of one year; and who shall continue in office until their successors are duly elected; and every year thereafter, there shall be an election of three trustees, held at some convenient place, to be from time to time ascertained and fixed by the bye-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. 3. 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
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said trustees shall hold the property of said institution, solely for the purposes and advantages of education in said academy, and not as 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.
Location.
Trustees powers.
Sec. 4. Said institution shall be located in, or within one fourth of a mile of the town 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 or 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 design 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 devisor.
Treasurer to give bond.
Sec. 5. 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, as a 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 of 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.

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Trustees to appoint a principal &c.[etc.]
Vacancies.
Sec. 6. 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 require; to fill vacancies which may happen, by death, resignation, or otherwise, among said officers and servants.
Hold lands.
Sec. 7. The lands within the bounds of the state, held in perpetuity by this 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.
Trustees.
Elections &c.
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 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 business appertaining to the welfare of said institution.
Stockholders.
Proviso.
Sec. 9. That on the payment of ten dollars to the treasurer of said institution, every free white person shall be considered a stockholder, 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 privileges 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 proprietor or owner thereof, to any privileges whatever in said institution.
Commissioners.
Election held.
Pay a certain portion.
Sec. 10. That John Haworth, Dr. Thomas Heywood, George Barnett, Nicholas Van Deusin, Thomas Chennowith, Dr. John Woods, George Scarborough, Alexander McDonald, Oliver West, James Partlow, Dr. William Walters, Solomon Gilbert, Dan. W. Beckwith, Charles Martin, Thomas C. Forbes, Peleg Spencer, Samuel McRoberts, William E. Russell, and Amos Williams of Vermillion county; William Webber, and Moses Thomas of
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Champaign county; Hugh Newell, and Isaac Cartwright 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 of trustees of the said institution; which said election shall be held at the court house in Danville, Illinois, between the hours of 12 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 6 P. M., on said days. 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 balance due on any share or shares, shall forfeit to said institution, the money paid on such share or shares so neglected.
Elections.
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 times be open for the use and privilege 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 bye-laws, and pay the sum affixed by said trustees, for the instruction of the students attending at the same: Provided nevertheless, That each 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.
Money tendered.
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 the same, and give
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the person so tendering the money a certificate of the same.
Attorney General.
Sec. 14. If at any time this corporation shall act contrary to the provisions and intent 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, 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.
Elections.
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 bye-laws and ordinances of said corporation.
Approved, Jan. 15, 1836.
1William Fithian introduced HB 18 in the House of Representatives on December 14, 1835. The House passed the bill unamended on December 22. On January 12, the Senate passed the bill. On January 15, the Council of Revision approved the bill and the act became law.
Illinois House Journal. 1835. 9th G. A., 2nd sess., 30, 61, 68, 126, 293, 331, 348; Illinois Senate Journal. 1835. 9th G. A., 2nd sess., 95, 209, 217-18, 249, 269.

Printed Document, 5 page(s), Laws of the State of Illinois, Passed by the Ninth General Assembly, at their Second Session (Vandalia, IL: J. Y. Sawyer, 1836), 154-58, GA Session: 9-2,