In force March 4, 1837
AN ACT to incorporate the Quincy Academy.
1Corporation created a body politic
Can hold real estate and use a common seal
Proviso
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 Quincy 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 and change the same at pleasure: to make and alter from time to time
such by-laws as they may deem necessary for the good government and regulation of said institution, its officers, agents, students, and property: Provided Such by-laws be not inconsistent with the constitution and laws of the United States and of this
state.
Commissioners to receive subscriptions of stock
To give receipt and pay over money to treasurer
To give notice of time & place of election of trustees
Sec. 2. That Henry H. Snow, Joseph T. Holmes, and Willard Keyes, be and they are hereby appointed commissioners to solicit and receive subscriptions
of stock to said institution. Said stock shall be subscribed in shares of fifty dollars each, to be paid by instalments of ten dollars on each share. The first instalment to be paid at the time of subscribing, or before the first election for trustees;
and the commissioner to whom the money is paid shall give a receipt for the same,
and pay the same over to the treasurer, when elected and qualified. And when one
hundred shares of stock are subscribed, said commissioners, or a majority of them,
shall give public notice in such manner as they shall deem most expedient, of the
time and place of holding an election of trustees for said institution, and shall act as a board to conduct said election.
Trustees to consist of stockholders
Term of service
Time & place of holding elections
Sec. 3. The trustees shall consist of six stockholders together with the “preceptor,” or
“principal” of said institution, who, for the time being, shall be ex-officio, a member of the board of trustees. At the first election three trustees shall be elected to serve two years, and the
other
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three to serve one year; and every year thereafter there shall be an election of
three trustees, to continue in office two years, or until their successors are duly elected and qualified. The time and place of
holding elections shall be fixed by the by-laws of the corporation; and every stockholder shall be entitled to one vote for each and every share he
or she may hold in the same.
Elections to be by ballot
Trustees to appoint three stockholders
Secretary to give notice of time and place of election
Sec. 4. All elections for trustees shall be by ballot with the name of one voter, and the
number of shares he or she may hold in said institution, written or printed in the ballot. Votes may be given by proxy when not convenient
for the stockholders to attend personally, by sealing up the ballot and endorsing
his or her name on the outside thereof. Previous to each election it shall be the duty of the trustees to appoint three stockholders
to act as inspectors of election and notify them of their appointment. The secretary of the board of trustees shall give public notice of the time and place
of holding each election, at least ten days previous to the day of election. He shall
keep a record of the names of the voters, when they give in their votes, and record
the number of votes given to each individual voted for, and shall notify the persons
having the highest number of votes of their election, according to the number required
to be elected. Should there be a tie, that is, more persons than are required to
be eleeted should have the highest and equal number of votes, the trustees, at their next meeting,
shall decide who is elected among those having an equal number of votes.
Trustees to elect a president and secretary
Sec. 5. The trustees shall, at their first meeting after an annual election, proceed to elect
from their own body a president and secretary; they shall also elect a treasurer,
who must be a stockholder; and these officers shall severally perform the duties that
usually devolve upon such officers in similar institutions, or that may be assigned
them by the by-laws of the corporation.
Treasurer to give bond of office
Form of process against corporation
Sec. 6. The treasurer, before entering upon the duties of his office shall execute a bond
with approved security to the “trustees of Quincy Academy,” in such penal sum as they may require, conditioned for the faithful performance
of the duties of his office as treasurer for said corporation And 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.
Trustees to select a situation for the academy
Can appoint officers and agents
Can fill vacancies
Can mabe by laws
Sec. 7. A majority of the trustees shall constitute a quorum to do business; and so soon
as they are organised by the election of their proper officers, they shall be empowered to select and obtain
by purchase or otherwise, a
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suitable situation for the
location of said academy in or near the town of Quincy, Adams county, Illinois; to procure suitable buildings erected thereon, for the use and benefit of said institution; to employ and appoint a principal, fix his salary, and the rate of tuition from
time to time; appoint all other officers, instructors, or agents that may be necessary
for the prosperity of the institution, and the state of funds may justify; to displace any or either of them when they
deem the cause of education or interests of the institution require it; to fill vacancies in their own body until the next meeting of stockholders, (when
the vacancies shall be filled by election of the stockholders;) make by-laws and prescribe and regulate the course of studies to be pursued in this institution.
Meeting of stockholders
Special meetings called
Secretary and treasurer to make annual reports
Secretary and treasurer to make annual reports
Sec. 8. There shall be annual meetings of stockholders, and stated quarterly meetings of
the board of trustees; the times and places of holding each shall be fixed by the
by-laws. Special meetings of the stockholders may be called at any time by the board of trustees; and special meetings of the trustees may be called at any time by the president or
by the secretary, on request of two members of the board. The secretary and treasurer
shall make annual reports from their respective departments to be read at the annual
meeting of the stockholders.
Office of trustee may be vacated
Sec. 9. If any member of the board of trustees shall absent himself from any stated meeting
of the board, he shall be required to render his excuse at the next stated meeting
he may attend; if the board consider his excuse good, it shall be accepted, if not good it shall be noted as not accepted; and for three failures without good
excuse, during the time for which he was elected, his seat shall be declared vacated,
and another chosen to fill it.
Benefits to be derived by the institution
No preference given to pupils
Proviso
Sec. 10. This institution shall be devoted solely to promote the cause of education and morality; to encourage
our youth to culttivate their mental faculties, and develope the inherent qualities of the mind, and train them to become useful members of society.
No preference shall be given to pupils sent by stockholders or contributors to the
funds of this institution, unless it becomes crowded so as necessarily to exclude some, when stockholders may
have the preference in such way as the trustees shall deem just and right; but in
all cases they shall pay the same tuition fees, and enjoy the same and no greater
privileges than in common with others: Provided, nevertheless, That in case any donation or bequest shall be made for particular purposes accordant
with the design of this institution, and the corporation shall accept the same, every donation or bequest shall be applied in conformity with
the express conditions of the donor or devisor. It shall be the duty of
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thetrusteess to suspend or expel from the institution all persons whose habits are idle or vicious, or whose moral character is bad.
Amount of land held by corporation
Proviso
Sec. 11. The lands within the bounds of this state held in perpetuity by this corporation shall not exceed six hundred and forty acres at one time: Provided, however, That if donations, grants or devises in land shall from time to time be made to said
institution over and above the amount that may be held in perpetuity, the same may be received
and held in trust by the board of trustees, but shall be sold within five years from
the date of such donation, and the funds arising from such sale applied to the benefit
of said institution.
Stock regulated by by-laws &c.[etc.]
Proviso
Sec. 12. The stock in this institution shall be owned and may be transferred in the same manner as stock in other incorporated
companies; to be regulated by the by-laws, and registered in a book kept for the purpose: and any stockholder failing to pay
any balance or assessment due on any share or shares, after thirty days notice of
its being due, shall forfeit such share or shares, and the money paid thereon, to
the benefit of the institution: Provided, not exceeding ten dolars on a share of the original subscription shall be called for at one time.
Trustees may lay an assessment on stock
Can sell delinquent shares of stock
Give notice of sale
Proviso
Sec. 13. Should the amount of tuition received in any one year fall short of paying the
salaries of the teachers and the contingent expenses of the institution, the trustees shall have power to lay an equal assessment upon each share of stock
sufficient to raise on all the shares subscribed a sum equal to such deficiency; and
if such assessment shall remain unpaid on any share or shares after thirty days public
notice have been given requiring the same to be paid, it shall be lawful for the treasurer of the corporation to sell such delinquent share or shares to the highest bidder at public sale, on
giving at least ten days public notice of the time and place of such sale; and the purchaser or purchasers at such sale shall receive a certificate for all
such shares, which shall vest in him or them the title to the same. And all moneys
arising from such sales shall go exclusively to pay the aforesaid deficiencies: Provided, No such assessment shall be levied in any one year for a greater amount than two
dollars and fifty cents on each share.
Sec. 14. This act shall be a public act and shall be construed favorably and benignly
in all courts and places for the purposes herein expressed and declared.2
Approved, 4th March, 1837.
1On December 17, 1836, James H. Ralston introduced HB 10 in the House of Representatives. On December 30, the House added an additional fifteenth section by a vote of 54
yeas to 17 nays, with Abraham Lincoln voting nay. The House passed the bill as amended. On January 6, the Senate referred the bill to a select committee. The select committee reported back the
bill on January 7 with an amendment, in which the Senate concurred. On January 9,the
Senate passed the bill as amended. On January 13, the House referred the bill and
Senate amendment to a select committee. The select committee reported back the bill
on February 3 with an amendment to the Senate amendment, in which the House concurred.
On February 9, the Senate refused to concur in the House amendment to its amendment
and formed a committee of conference to resolve the disagreeing vote between the two
houses. On February 27, the House appointed members to the committee. The committee
on conference reported back the bill on March 1 with a recommendation that the House
recede from its amendment to the Senate amendment. The Senate concurred in this recommendation,
and on March 2, the House receded from its amendment and concurred in the Senate amendment.
On March 4, theCouncil of Revision approved the bill, and the act became law.
Illinois House Journal. 1836. 10th G. A., 1st sess., 70, 138, 147-48, 223, 254, 463-64, 532, 733, 778, 803,
837, 846; Illinois Senate Journal. 1836. 10th G. A., 1st sess., 137, 157, 163-64, 168, 176, 352, 376, 566-67, 594,
626.
2On December 30, 1836, the House of Representatives amended the bill by adding a fifteenth section. On January 7, 1837, the Senate amended the bill by striking out this section. The House and Senate apparently disagreed
over the Senate amendment, leading to the committee of conference that resolved in
issue in favor of the Senate amendment.
Illinois House Journal. 1836. 10th G. A., 1st sess., 147-48, 733; Illinois Senate Journal. 1836. 10th G. A., 1st sess., 168, 566-67.
Printed Document, 4 page(s), Incorporation Laws of the State of Illinois, Passed at a Session of the General Assembly (Vandalia, IL: William Walters, 1837), 287-90, GA Session: 10-1,