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Sec[Section] 1 Be it enacted by the people of the State of Illinois represented in the General Assembly, That William Benson, John Davis[,] Joseph G. Rice, John D. Saunders, John N Calvert, William Henry, James McCoy, John Hunley, Joah Goodall, and their successors be and they are hereby constituted a body politic and corporate
to be known by the name of the Trustees of the Marian Institute and by that name shall have perpetual succession, and have a common seal with power
to change the same at pleasure, and as such shall be authorized to exercise all powers
and privileges that are enjoyed by the trustees of any seminary[,] college[,] or University in this State not herein limited or otherwise directed
Sec. 2 That the said Trustees shall hold their first stated meetings at the town of Marion in the County of Williamson on the first Monday of June next or as soon thereafter as convenient, and they or
a majority of them shall as soon as they think proper fix upon a permanent seat for
said institute and proceed to erect buildings thereon as soon as convenient and the interest of
said institution may require.
Sec. 3 The said trustees or their successors by the name aforesaid shall be capable in
law to purchase[,] receive[,] and hold to themselves
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and successors for the use and benefit of said institution, any lands[,] tenements[,] or rents [,] and chattles of what kind whatsoever which shall be given or devised to or purchased by them for the use of theMarion Institute .
Sec 4 The said Trustees by the name aforesaid may sue and be sued plead and be impleaded
in any court of law or equity in this State.
Sec 5 In case a suffic^I^ent number of members do not attend to constitute a board at any meeting, those who
do attend may adjourn to any day thereafter or to the next stated meeting, and shall
give ten days previous notice thereof, five members shall be sufficient to constitute
a board for the transaction of all business respecting the said institute excepting those cases particularly excepted.
Sec. 6 The assent of the majority of the whole number of trustees shall be necessary
to perform the following business, towit to fix the salary of the president and secretary of to fix upon the permanent seat of the Institute to alienate[,] sell[,] or convey any lands, tenements[,] or rents belong to said Institute.
Sec 7 The Trustees shall have power from time to time to establish any such by laws
rules and ordinances not contrary to the constitution and laws of this state or
of
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as they shall deem necessary for the said Institute.
Sec. 8 The trustees shall elect President[,] Treasurer[,] and Secretary to their own body and so many inferior trustees
^tutors^ or masters as may be necessary, and upon the death[,] resignation[,] or legal disabilities of any of the trustees, president[,] or other officers of the said institute, the board of trustees shall supply the vacancy by ballot.
Sec. 9 The Trustees of said Institution, always and, all other agents when required by the trustees before entering upon
the duties of their appointment shall give bond for the security of the Incorporation, in such penal sum and with such securities as the board of trustees shall approve,
and all processes against the ^said^ corporation, shall be by summons and service of the same, shall be by leaving an attested copy
with the treasurer of the Institute at least twenty days before the return day thereof.
Sec 10 The said Institute and their preparatory department shall be open to all denominations of christians,
and the profession of any religious faith shall not be required of those who become
students, all persons however may be suspended or expelled from said institution whose habits are idle or vicious or whose moral character is bad.
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Sec 11 The President and other officers of the said Institute shall be subject to the direction of the board of Trustees, and shall continue in
office during good behaviour.
Sec 12 The President of the board of Trustees shall have full power to call special
meetings of the said Trustees, and it shall be his duty upon the request of three
of them to do the same, but upon any called meeting ten days general notice shall
be given by the President previous to the meeting.
Sec 13 The Trustees of the corporation shall have authority from time to time to prescribe and regulate the course of studies
to be pursued in said institute and the preparatory departments attached thereto, to fix the rate of tuition, room
rent[,] and other College expenses to appoint instructors and such other officers and agents,
as shall or may be needed in managing the concerns of the Institution, to define their powers, duties, and employments, to fix their compensations, to
displace and remove either of the instructors, officers, and agents, to erect the
necessary buildings, to purchase Books[,] Chemical and Philosophical apparatus[,] and other suitable means of Instruction, to put in operation a system of manual labour, for the purpose of lessening the expense of education and promoting the health of
the students to
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make rules for the general management of the ^affairs of the^ Institution and for the regulation of the conduct of the students, and to add as the ability
of the said corporation shall increase, and the interest of the community shall require additional departments
for the study of any or all liberal professions provided however, that nothing herein
contained shall authorize the establishment of a theological department in said Institution.
Sec 14 If at any time a member of the board of trustees shall absent himself for three
stated meetings successively or for some disorderly conduct unless for good cause
shown and approved of by the trustees, in such case his seat shall be considered to
be vacant, and the board proceed to fill his seat with a member provided that the
Trustees of said Institution, shall at all times be accountable for their conduct in the management of the business
aforesaid in such manner as the Legislature shall by Law direct
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[ docketing
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H. R
a bill for “An act to incorporate the Marion Institute”.
a bill for “An act to incorporate the Marion Institute”.
[ docketing
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01/24/[1840]
01/24/[1840]
Ja[January] 24
[ docketing
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[01]/[24]/[1840]
[01]/[24]/[1840]
Engrossed
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29
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01/30/1840
01/30/1840
Passed
1Willis Allen introduced HB 177 in the House of Representatives on January 20, 1840. The House passed the bill on January 30. The House informed
the Senate of the bill’s passage, but the latter took no action.
Journal of the House of Representatives, of the Eleventh General Assembly of the State
of Illinois, at Their Called Session, Begun and Held at Springfield, December 9, 1839 (Springfield, IL: William Walters, 1839), 213, 237, 294; Journal of the Senate of the Eleventh General Assembly of the State of Illinois, at
Their Called Session, Begun and Held at Springfield, December 9, 1839 (Springfield, IL: William Walters, 1839), 220.
Handwritten Document, 8 page(s), Folder 163, HB 177, GA Session 11-S, Illinois State Archives (Springfield, IL) ,