In force March 2, 1837.
AN ACT to incorporate the Waynesville Seminary.
1Created a body politic and corporate.
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 pursuant to the provisions of this act,
and their successors, be and they are hereby created a body politic and corporate,
to be styled the “President and Trustees of the Waynesville Seminary,” and in that name to remain in perpetual succession. The said seminary shall be located and remain at or near Waynesville in the county of McLean, and state of Illinois.2
Objects of corporation.
Sec. 2. The object of the said corporation, shall be the promotion of the general interests of education.
Corporate powers.
Sec. 3. The corporate powers hereby bestowed, shall be such only as are essential or useful
in the attainment of said object, and such as are usually conferred on similar bodies
politic, viz: To have perpetual succession; to make contracts; to sue and be sued,
plead and be impleaded; to grant and receive by its corporate name, and do all other
acts that natural persons may; to accept, acquire, purchase or sell property, real,
personal and mixed, in all lawful ways: to use, employ, manage and dipose of, all such property, and all money belonging to said corporation, in such manner as shall seem to a majority of the trustees best adapted to the promotion
of the aforesaid object; to have a common seal, and to alter and change the same;
to make and alter from time to time, such by-laws for its regulation, as are not inconsistent with the constitution and laws of the
United States or of this state, and to confer on such persons as may be considered worthy, such academical or honorary
degrees, as are usually conferred on similar institutions.
President and trustees to be stockholders.
Number.
When elected.
How vote given
Sec. 4. The president and trustees shall be stockholders in said corporation; and the trustees shall consist of eight persons, who together with the president,
shall be elected by the stockholders annually, on the first Monday in January, and
shall hold their offices until their successors are duly elected and qualified, and
any person holding more than one right or share in said corporation, shall be entitled to one vote for each right or share so held; provided
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however, that no one person shall be entitled to more than five votes.
President’s and trustees’ authority.
Sec. 5. The president and trustees of said corporation, shall have authority from time to time, to prescribe and regulate the course of
studies to be pursued; to fix the rates of tuition, room rent, and the other expenses
of the institution; to appoint instructors, and such other officers and agents as may be necessary in
managing the concerns of the institution; to define their duties; to fix their compensation, and to displace or remove them;
to erect necessary buildings; to purchase books, chemical and philosophical apparatus
and other suitable means of instruction, and to make rules for the general management
of the affairs of the institution.
Their powers.
Sec. 6. The trustees for the time being shall have power to remove any trustee from his office
as such, for any dishonorable or criminal conduct; provided, That no such removal shall take place without giving to such trustee notice of the
charge against him, and an opportunity to defend himself before the board, nor unless
that two-thirds of the whole number of trustees for the time being concur in such
removal. The trustees for the time being, shall have power to fill any vacancy that
may occur in the board, from death, removal, resignation, or from any other cause.
A majority of the trustees for the time being shall be a quorum to do business.
To appoint a secretary and treasurer.
Treasurer to give bond.
Sec. 7. It shall be the duty of said trustees to appoint a secretary and treasurer to the
board. The treasurer shall be required to give a bond with sufficient security, in such
penal sum as the board may prescribe, conditioned for the performance of such duties,
as the by-laws may require of him.
Sec. 8. The said institution shall be open to all denominations of christians, and the profession of any particular
religious faith shall not be required of any that may become students. All persons,
however, may be suspended or expelled from this institution by the trustees thereof,
who do not comply with its by-laws.
What lands may be held
Sec. 9. The lands tenements and hereditaments, to be held in perpetuity by virtue of this
act, by said corporation, shall not exceed six hundred and forty acres; provided however, That if any donations, grants or devise in land, shall, from time to time be made
to said corporation, over and above the said six hundred and forty acres, which may be held in perpetuity
as aforesaid, the same may be received and held by said corporation, for the period of five years, from the date of any such donation, grant or devise,
at the end of which time, if said land shall not have been sold by the said corporation, then and in that case, the said lands so donated, granted or devised, shall revert
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to the donor, granter, or the heirs of the devisor of the same.
Rights acquired
Sec. 10. That on the payment of the sum 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 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 said institution, and that the said assignees shall be stockholders, and shall be entitled to all
the rights and privileges in said institution, as the original stockholders are by this act.
Commissioners to solicit subscriptions.
Sec. 11. That Zebulon G. Cantrell, Joseph Statten, Russell Post, David Montgomery, William Stunton, Joel Jackson, John Brown, Dr. F. S. Harrison and James Hartson, of McLean county, be and they are hereby appointed commissioners, to solicit and receive subscriptions
of stock to said institution, and give receipts for the same; and when the sum of one thousand dollars of stock
is subscribed, said commissioners, or any three of them, shall be and they are hereby
authorized to give public notice, by posting up written notices in six of the most
public places in the county, of the time and place of holding an election of President and trustees of the said
institution, which election shall be held in the town of Waynesville, Illinois, and that the said commissioners, or any three of the, be and they are hereby appointed
judges of said election.
Not dissolved for failing to hold election for offices.
Sec. 12. That in case it should happen that any election of president and trustees should
not take place on any day, when, pursuant to this act, it should have been made, the
said corporation shall not for that cause be dissolved, but that it shall be lawful on any other day
to make an election of president and trustees, in such manner as shall have been regulated
by the by-laws and ordinances of said corporation.
Approved March 2,
1837.
1John Moore from the Committee on Education introduced HB 212 in the House of Representatives on February 9, 1837. The House passed the bill on February 18. On February 23,
the Senate referred the bill to a select committee, which reported back the bill with
an amendment on February 24. The Senate approved the amendment and passed the bill
the same day. On February 28, the House concurred in the amendment from the Senate. On March 2, the Council of Revision approved the bill and the act became law.
Illinois House Journal. 1836. 10th G. A., 1st sess., 531, 546, 640, 696, 762, 792, 807; Illinois Senate
Journal. 1836. 10th G. A., 1st sess., 463-464, 504, 509, 590.
2Waynesville was situated in McLean County until 1839, when the legislature created DeWitt County from parts of McLean and Macon Counties.
Printed Document, 3 page(s), Incorporation Laws of the State of Illinois, Passed at a Session of the General Assembly (Vandalia, IL: William Walters, 1837), 222-24, GA Session: 10-1