In force, Jan.[January] 24, 1839.
AN ACT to incorporate the Menard Academy of Kaskaskia.
1Matilda Flanigan and others created body politic.
Name & style.
May sue and be sued.
Hold property
Have a seal.
Proviso.
Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Matilda Flanigan, Harriet Brent, Mary King, Jerusha Barber, Margaret King, Josephine G. Barber, Mary A. Powers, Martha Tyler, Martha Brawner, Catherine Murray, Ellen Vocherine, and Catherine Rublout,2 and their successors, be, and they are hereby, created a body politic and corporate,
to be styled “The Menard Academy of Kaskaskia;” and in that name to remain in perpetual succession, with power to sue and be sued, plead and be impleaded; to acquire, have, and convey property, real and personal; to have and to use a common seal, and to alter the same at pleasure; to make and
alter, from time to time, such
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by-laws as they may deem necessary for the government of said institution, its officers
and servants: Provided such by-laws are not inconsistent with the constitution and laws of this State and of the United States.
Power to fill vacancies.
Property held for exclusive use of institution.
Sec. 2. Said corporators shall have power to fill such vacancies in their own body as may
happen by death, resignation or otherwise, and shall hold the property of said institution, solely for the purposes of female education, and not as a stock for the individual
benefit of themselves, or of any contributor to the endowment of the same; and no
particular religious faith shall be required of those who become students of said
institution.
Location of Institution at Kaskaskia.
May dispose of property.
Funds applied to erect buildings.
Proviso.
Not to hold more than 20o acres of land.
Not to hold more than 20o acres of land.
Sec. 3. Said institution shall remain located in the town of Kaskaskia, in the county of Randolph; and the corporators and their successors shall be competent, in law and equity,
to take to themselves, in their said corporate name, real, personal, or mixed estate,
by gift, grant, bargain and sale, conveyance, will, devise or bequest of any person
or persons whomsoever; and the same estate, whether real or personal, to grant, bargain, sell and convey,
demise, let, place out at interest, or otherwise dispose of the same for the use of
said institution, in such manner as to them shall seem most beneficial to said institution. Said corporators shall faithfully apply all funds collected, or the proceeds of
the property belonging to said institution, according to their best judgment, in erecting and completing suitable buildings, supporting the necessary officers,
instructors and servants, and procuring books, maps, charts, globes, and philosophical
apparatus necessary to the success of said institution: Provided, nevertheless, That in case any donation, devise, or bequest shall be made for particular purposes
accordant with the design of the institution, and the corporation shall accept the same, every such donation, devise, or bequest shall be applied in
conformity with the express conditions of the donor or devisor: Provided, further, That said corporation shall not be allowed to hold more than two hundred acres of land at any one time,
unless the said corporation shall have received the same by gift, grant, or devise; and, in such case, they shall
be required to sell or dispose of the same within three years from the time they shall
acquire such title; and, on failure to do so, said land shall revert to the original
donor, grantor, devisor, or their heirs.
Officers of institution to give bond and security when required.
Sec. 4. The treasurer of the institution and all other agents, when required, before entering upon the duties of their appointments,
shall give bonds for the security of the corporation, in such penal sums and with such securities as the corporators shall approve; 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, at least sixty days before the return thereof.
Vacancies how filled.
Sec. 5. The corporation shall have power to employ and appoint a principal for said institution, and all such instructors
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and instructresses, and all 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 requires; to fill vacancies which may happen by death, resignation, or otherwise, among said
officers and servants, and to prescribe and direct the course of study to be pursued
in said institution.
Duty of Attorney General in case of violation of this act.
Sec. 6. If at any time the corporation shall act contrary to the provisions of this act, 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.
Approved, January 24, 1839.
1Gabriel Jones introduced HB 22 to the House of Representatives on December 14, 1838. The House passed the bill on January 3, 1839 and the Senate passed in on January 15. The Council of Revision approved the bill on January 24 and the act became law.
Journal of the House of Representatives (Vandalia, IL: William Walters, 1838), 87, 114, 146, 159, 218, 237, 277; Journal of the Senate (Vandalia, IL: William Walters, 1838), 134, 149, 174, 190, 202.
2The incorporators were members of the Sisters of Visitation, a convent at Kaskaskia,
Illinois. Several of them had founded the convent in 1833, and all of them were involved
with the convent’s school for girls.
Mary Josephine Barber, "First House of the Sisters of the Visitation at Kaskakia,
Illinois, A.D. 1833, Records of the American Catholic Historical Society of Philadelphia
8 (1902), 211-226.
Printed Document, 3 page(s), Incorporation Laws of the State of Illinois, Passed by the Eleventh General Assembly (Vandalia, IL: William Walters, 1839), 15-17, GA Session: 11-1,