In force, Feb.[February] 1, 1840.
AN ACT to incorporate the Hamilton Primary School.
1
Preamble
Part of will
Whereas, Silas Hamilton did, by his will and bequest, bearing date the 20th day of October, 1834, give and bequeath four thousand dollars in the words following, viz: Believing in the very great importance of primary schools, and desiring that my friends and relations in this neighborhood should receive the benefit of them, I give and bequeath four thousand dollars for the establishment of a primary school, viz: Two thousand dollars to be appropriated to the erection of a building suitable for a school, and for a place of public worship, and two thousand dollars to constitute a fund for the support of a teacher; said house is to be located not exceeding one mile south of this, my residence, nor one mile west, nor one mile nor one half mile north, nor one fourth mile east of it, but at or near the point called the four corners, and I desire my executors to oversee the erection of said building.
Preamble
And whereas the executor of said Hamilton has procured a lot of land at the place called the four corners, mentioned in said will, it being in the centre of section number fourteen in township number seven, north of range number twelve west, in the county of Jersey,2 and have erected a stone building thereon for the use and purpose mentioned in said will, and for the purpose of enabling the neighborhood aforesaid to use and forever enjoy the benefits of the said bequest—Therefore,
Body politic and corporate
Name and style.
Powers.
Sec. 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That J. M. Hurd, Tarlton F. Brock, Henry Noble, James C. Perry, and George D. Sidway, and their successors, be, and they are hereby created
<Page 2>
a body politic and corporate, by the name and style of the “Hamilton Primary School,” and by that name to have perpetual succession, with power to sue and be sued, plead and be impleaded, to acquire, hold, and convey property, real, personal, and mixed, together with all donations and bequests made by Silas Hamilton for school purposes, to have and use a common seal, to alter the same at pleasure, to make and alter from time to time, such by-laws as they may deem necessary for the government of said school, its officers and servants: Provided, such by-laws be not inconsistent with the constitution and laws of the United States and of this State.
Location of school.
Gifts & grants
Sec. 2. The said primary school, incorporated by this act, shall remain located in Jersey county, where it now is; the powers and privileges hereby conferred shall be exercised and employed for the sole purpose of establishing a primary school and promoting the cause of education. And all gifts and donations which may have been, or that may hereafter be made for the purposes of education or establishing a seminary of learning, shall be received and held by the said Hamilton primary school, for the purpose of establishing a seminary of learning, and the proceeds thereof shall be appropriated in such a manner as shall best promote the objects of the donor, and advance the prosperity of said school. That all donations that have or may be given for a particular purpose, expressed in this grant, and accepted by said school, shall be applied in conformity with the design of the donors; and if it is not inconsistent with the objects of any such donation, shall be loaned out by the trustees of said school, at such rate of interest as is now allowed to be taken by individuals; and the trustees of said school are hereby authorized to obtain and receive from the executors or executor of the said Silas Hamilton, or their legal representatives, all notes, bonds, mortgages, and other securities by them taken as security for the said donations; and the said trustees shall have full power and authority to collect the same, with the interest due thereon, in the same way the executors might or could have done.
Election
Trustees divided into five classes.
First class
Second class
Third
Fourth
Fifth
President
Sec. 3. The officers of said school shall be governed by five trustees; and the persons named in the first section of this act shall be the first trustees, and continue in office until the first Monday in June next, and until their successors are elected and qualified. And on the first Monday of June next there shall be elected five trustees, who shall hold their office until succeeded, as hereinafter directed, at the first regular meeting of the trustees elected in pursuance of this act, or as soon thereafter as practicable. The trustees shall divide themselves into five classes, and prepare five tickets, and cast lots, and the trustee drawing the first class, shall hold his office for the term of five years, and until his successor is elected; and the trustee drawing the second class shall hold his office for the term of four years, and until his successor is
<Page 3>
elected; and the trustee drawing the third class shall hold his office for the term of three years, and until his successor is elected; and the trustee drawing the fourth class shall hold his office for the term of two years, and until his successor is elected; and the trustee drawing the fifth class shall hold his office for the term of one year, and until his successor is elected; so that on the first Monday in June thereafter, in each and every year, there shall be elected one trustee, who shall hold his office for the term of five years, and until his successor is elected and qualified. The trustees shall elect one of their own number President, and shall be judges of the qualifications of its members.
Quorum.
Sec. 4. That at any election held for the election of trustees, all persons residing within four miles square to be laid off north and south, and east and west, calling the school-house aforesaid the centre of said four miles square, and who are qualified to vote for members of the General Assembly, shall be entitled to vote for trustees; and a majority of trustees shall form a quorum for the transaction of business; and any three of them may act as judges and clerks of the election of trustees, and may make such regulations in regard to conducting the election of trustees, as they may see proper from time to time.
Studies to be pursued
Officers may be removed
Sec. 5. The trustees of said incorporation shall have authority from time to time to prescribe and regulate the studies to be pursued in said school, to fix the rates of tuition, and any other academical expenses, to appoint instructors and such other officers and agents as may be necessary in managing the affairs of said school, to define their duties, to fix their compensation, and to displace and remove them at pleasure, to erect any necessary buildings, to purchase books, apparatus, and other suitable means of instruction, and generally to do such acts, from time to time, as they may deem necessary to promote the objects of this act.
Treasurer to give bond
Sec. 6. It shall be the duty of said trustees to appoint a treasurer who shall also act as clerk of said incorporation, and require the treasurer to give bond, with good and sufficient security, in such penal sum as they may deem proper, conditioned that he shall faithfully perform the duties of his office, and comply with such duties as the by-laws of said corporation shall require of him, from time to time.
School open to all classes
Sec. 7. The said school shall be open to all classes of people and denominations of christians, and the profession of any particular religious faith shall not be necessary of those who become students. All persons, however, may be suspended or expelled from said school by the trustees thereof, whose habits are idle or vicious.
Real estate owned
Sec. 8. The real estate owned by said corporation, at any one time, shall not exceed three hundred acres, nor shall this act be so construed so as to prevent said school from receiving its just proportion from the township and State fund, as
<Page 4>
other schools do: and said trustees shall perform the same duties in regard to said school, for the purpose of obtaining their proportion of said school fund, as is or may be required of trustees of schools in other townships.
Executors of Hamilton
Sec. 9. Three trustees of said school shall have full power and authority to call on the executors, or executor of said Silas Hamilton, or their legal representatives, for a settlement of their acts in regard to said donation, and it shall be the duty of the trustees of said school to see that the donation of the said Silas Hamilton is faithfully applied to the objects of the donor.
Sec. 10. This act shall take effect from and after its passage, any law to the contrary notwithstanding.
Approved, February 1, 1840.
1Edward M. Daley presented a petition of the citizens of Jersey County to the House of Representatives on December 20, 1839, requesting the incorporation of a school. On December 28, Daley introduced HB 66. The House passed the bill on January 27, 1840. The Senate passed the bill on January 31. The Council of Revision approved the bill on February 1 and the act became law.
Journal of the House of Representatives (Vandalia, IL: William Walters, 1840), 65, 97, 184, 260, 318, 319, 329; Journal of the Senate (Vandalia, IL: William Walters, 1840), 189, 226-27.
2The location of this land is now Otterville, IL.

Printed Document, 4 page(s), Laws of the State of Illinois, Passed by the Eleventh General Assembly, at their Special Session (Springfield, IL: William Walters, 1840), 53-56, GA Session: 11-S,