In force, Jan.[January] 26, 1841.
An ACT to charter a Female Academy in Marion County.
1Persons created body politic.
Name and style.
Location of academy.
Number of trustees.
Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That J. W. Roach, W. W. Pace, J. Chance, J. Marshall, W. D. Hanie, J. M. Tully, G. W. Pace, M. W. Hall, H. H. Eagan, G. E. Lester, T. Elston, and W. S. Boyakin, and their successors be, and they are hereby created a body politic and corporate, to be styled and known by the name of the “Trustees of Salem Female Academy,” and by that style and name to remain and have perpetual succession. The said academy shall be and remain at or near the town of Salem, in the county of Marion. The number of trustees shall not exceed thirteen, exclusive of the president and
superintendent. For the present the above named individuals shall constitute the board
of trustees who shall fill vacancies at their pleasure.
Object of corporation.
Sec. 2. The object of said corporation shall be the promotion of the general interest of female education, and to qualify young ladies to engage in the several employments and useful avocations
of society.
Corporate powers
Further powers.
Sec. 3. The corporate powers hereby vested shall be such only, as are essential or useful to the attainment of said object, and such as are usually
conferred on similar bodies corporate, viz: to have perpetual succession to make contracts,
to sue and be sued, to plead and be impleaded, to grant and receive by its corporate
name, and to 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 dispose of all such property, and
all money belonging to said corporation, in such manner as shall seem to the trustees best adapted to promote the objects
aforementioned; to have a common seal, and to alter or change the same; to make such
by-laws for its regulation as are not inconsistent with the Constitution and laws of the
United States, and of this State, and for no other purpose whatever.
Course of studies.
Expenses.
Officers and agents.
Vacancies, how filled.
Additional department.
Sec. 4. The trustees of the corporation shall have authority from time to time to prescribe and regulate the
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course of studies to be pursued in said academy, and in the preparatory departments thereof, to fix the rate of tuition and room rent, and other academical expenses; to appoint instructors, and such other officers and agents, as may be needed in managing
the concerns of said institution; to define their powers, duties and employments, to fix their compensation, to displace
and remove either of the instructors, officers and agents as said trustees shall deem
the interest of said institution requires; to fill all vacancies among said instructors, officers or agents, to erect necessary
buildings, to purchase books, chemical and philosophical apparatus, and other suitable
means of instruction, to make rules for the general management of the affairs of said
academy, and for the regulation of the conduct of the students, and to add as the ability of said corporation shall increase and the interest of the community shall require, additional departments
for the study of any or all the solid, useful and profitable branches of classical,
mathematical and philosophical literature.
When office of trustee shall be vacant.
Proviso.
Quorum.
Sec. 5. If any trustee shall be chosen president of the academy, his former place as trustee shall be considered vacant, and his place filled by the
remaining trustees. The trustees, for the time being, shall have power to remove any
trustee from his office of trustee, for any dishonorable or criminal conduct: Provided, that no such removal shall take place without giving such trustee notice of the charges
exhibited against him, and an opportunity to defend himself before the board of trustees,
nor unless that two-thirds of the whole number of the trustees for the time being,
concur in his removal. The trustees, for the time being, in order to have perpetual
being and succession, shall have power, as often as a trustee shall be removed from
office, die, resign, or move out of the State, to appoint a resident of this State to fill the vacancy in the board of trustees occasioned by such removal from office,
death, resignation, or removal out of the State. A majority of the trustees, for the time being, shall be a quorum to do business.
Funds to be applied faithfully.
Proviso.
Further proviso.
Sec. 6. The trustees shall faithfully apply all funds by them collected or hereafter collected, according to their best judgment, in erecting suitable buildings, in supporting the
necessary instructors, officers and agents, in procuring books, maps, charts, globes,
philosophical, chemical and other apparatus necessary to aid in the promotion of sound
learning; Provided, that in case any donation, device or bequest shall be made for particular purposes,
accordant with the design of this institution, and the trustees shall accept the same, every donation, device, or bequest shall
be applied in conformity with the express condition of the donor, or devisor: Provided, also, that lands donated or devised as aforesaid, shall be sold or disposed of as required
by the ninth section of this act.
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Officers to give bond.
Process against corporation and service of.
Sec. 7. The trustees of said institution always, and all other agents when required by the trustees, 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 board of trustees shall approve, and all process against said corporation, shall be by summons, and service of the same shall be by leaving an attested copy
with the trustees of the corporation, at least thirty days before the return day thereof.
Institution open to all.
Expulsion of students.
Sec. 8. The said institution and its preparatory departments shall be opened to all denominations of christians, and the profession of any particular 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.
Lands to be held.
Proviso.
When lands shall revert.
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, that if any donation, grant, or devise in lands shall from time to time be made to
said institution over and above 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 three years from the date of every such donation, grant or devise,
at the end of which time, if the said lands over and above the said six hundred and
forty acres, shall not have been sold by said corporation, then and in that case, the said lands so donated, granted or devised, shall revert
to the donor, grantor, or the heirs of the devisor of the same.
Approved January 26, 1841.
1William Gaston introduced SB 33 to the Senate on December 10, 1840. The Senate referred it to the Committee on the Judiciary the
next day. The committee reported back on December 12 and recommended an amendment,
to which the Senate concurred. The Senate passed the bill on December 14. The House of Representatives referred the bill to the Committee on Education the next day. The committee reported
back on December 22 and recommended several amendments, to which the House concurred
and passed the bill later that day. The Senate did not concur with House amendment
on December 30 and sent back the bill. The House receded from their amendment on January
21, 1841, and passed the bill as passed by the Senate. The Council of Revision approved the bill on January 26 and the act became law.
Illinois House Journal. 1840. 12th G. A., 117, 119, 145, 149, 168, 256; Illinois Senate Journal. 1840. 12th G. A., 65, 71, 72, 75, 107, 126, 190, 196, 212.
Printed Document, 3 page(s), Laws of the State of Illinois, Passed by the Twelfth General Assembly (Springfield, IL: William Walters, 1841), 3-5, GA Session 12-2,