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 in pursuance of ^the provisions of^ this act, and their successors be and they are hereby created a body politic and
corporate, to be styled “The Trustees of the Payson Academy” and in that name to remain in perpetual succession with power to sue, and be sued,
to plead and be impleaded, to acquire hold and convey property real and personal,
to have and to use a common seal, to alter the same at pleasure, to make and alter
from time, to time, such bye-laws as they may deem necessary for the government and
regulation of said institution, and its Officers and servants, and property, Provided, such by-Laws be not inconsistent
with the Constitution and laws of the United States and of this State.
Sec. 2 The Trustees of this said institution shall consist of nine stockholders, to be elected by ballot, at the first election,
three of whom shall be elected by ballot for the term of three years, other three for the term of two years, and the other
three for the term of one year, and who shall continue in office until their successors
are duly elected: and every year thereafter, there shall be an election of three Trustees,
who shall hold their office for the term of three years or until others shall be duly
elected as their successors, which election shall be held on the first Monday in April
in each and every year
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between the hours of two and four at some convenient place, to be from time to time,
ascertained and fixed by the bye-Laws of the said corporation until the said Academy is fitted for holding elections therein after which all elections shall be held at
such Academy, and that any person holding more than one right or share in said Academy, shall be entitled to one vote for each right, or share he or she shall hold in the same.
Sec. 3 The Trustees for the time being shall have power to fill all vacancies which may
occur in the board from death, removal, resignation or otherwise in the intervals
of the annual election. A majority of the Trustees for the time being shall be a
quorum to do business.
Sec. 4. The Trustees shall meet annually or
^and^ oftener if they think necessary, in the town of Payson or at the Academy, and shall appoint one of their body a clerk, who shall keep afaithful and correct
record of all the proceedings of said Trustees, and the said Trustees at their annual
meeting, shall elect a Treasurer who may, or may not be one of their body at their
selection, who shall before entering upon the duties of his office give a bond with
approved security to the board of Trustees of Payson Academy, in such penal sum as they may require for the due and faithful performance [of his duty] as Treasurer; and in case of the death, removal, or refusal or neglect, to save as
Treasurer for the time being, the said Trustees at any of their meetings may appoint
another to fill the vacancy, to remain
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in office till the experation of the time, during [which] his predecessor was entitled to serve, 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 or at his usual place of abode at least thirty days
before the [return thereof]
Sec 5 Said Institution shall be located within half a mile of the public square in the town of Payson County of Adams and State of Illinois; and the said Trustees shall be competent in law or equity to take to themselves
and their successors in office in their said Corporate name, any estate real or personal or mixed, by the gift, grant, bargain and sale conveyance,
will, demise, or bequest of any person or persons whomsoever: and the same estate
whether real or personal to grant, bargain, sell, convey demise, let, place out on
interest, or otherwise dispose of, for the use of said institution, in such manner as shall seem to them most beneficial to the institution. Said Trustees shall faithfully apply all funds collected or the proceeds, according
to their best judgment, in erecting and completing a suitable building or buildings,
supporting the necessary Officers Instructors, Instructresses, and servants; and procuring
books, maps, charts, globes, philosophical and other apparatus necessary to the success
of said Academy Provided nevertheless, That in case any donation devise or bequest, shall be made
for particular purposes, accordant with the design of this Institution, and the Corporation shall accept the same, every donation, devises or bequest, shall be applied in conformity
with the
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express conditions of the Dower or Devisor.
Sec 6 The Trustees shall have power to appoint a principal for said Institution, and to employ all such instructors, and instructresses, and also 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 to require, to fill vacancies which may happen by death, resignation or otherwise,
among said officers and servants.
Sec 7. The lands within the bounds of the State, held in perpetuity by this Corporation, shall not exceed one hundred and fifty
^sixty^ acres at one time, and if donations in lands shall be made, at any time to said Corporation, the same may be received and held in trust by said board of Trustees, and shall
be sold within ten years from the date of said donation, for the benefit of said Institution, in failure whereof the lands so given shall revert to the [donor or] grantor of the same or to their heirs, and [the said] board of Trustees, shall in no case lease, or rent out any lands so held for a
longer term than nine years from the time of such donation or grant. Whereas the
original proprietors of the town of Payson in their proposals for the sale of town lots, stipulated that twenty per cent of
the amount of sales should be appropriated towards the establishment of a Sem[inary of ]learning in said town from which a fund has accrued belonging to the institution contemplated in this act of incorporation, which fund at this date amounts to about one thousand
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three hundred dollars now therefore.
Sec 8. Any person owning a town lot in said town of Payson that was purchased under the above stipulation shall be considered a stock holder
and entitled to one vote for every original town lot so held and owned, and any person
upon the payment of twenty dollars to the Treasurer of said institution, shall be considered a Stockholder and be entitled to one vote, for every share of
twenty dollars so paid in, and the Treasurers receipt shall be the certificate of
stock, and further to be entitled to such reimbursement in tuition of the interest
of the money so paid in as shall be adopted by said board of Trustees in their ordinances
and bye-laws from time to time, and that 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 shares in said Academy; and that their respective assignees shall be stockholders of said institution, and shall be entitled to all the same rights and privileges in said Institution, as the original Stockholders are entitled to by law this act
Provided, that a part of a right or share in said Academy shall not entitle the proprietor or owner thereof to any privileges whatever in
said institution.
Sec 9 And the said academy when erected and in operation shall be arranged in male and female
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departments; and shall be open to all denominations of christians, and the professions
of any ^particular^ religious faith shall not be required of any who may be elected as Trustees, or who
may be appointed as officers and teachers in said Academy, or of those who may become students therein. All persons however may be suspended
or expelled from said institution, by the Trustees thereof, whose habits are idle or vicious, or whose moral character
is bad, or who refuses to comply with the rules and bye-laws of the institution.
Sec 10 If at anytime this Corporation shall act contrary to the provisions and intent of this charter or shall in any manner
abuse the powers herein granted it shall be the duty of the Attorney General to file
all information in the nature of a quo warranto, for the purpose of vacating, and
annulling this and the powers herein granted Provided however in case the charter
is in that event annulled and vacated the Trustees of said institution shall have the power of selling and disposing of all the property real and personal
for the benefit of the Stockholders, the proceeds of which shall shall by the said Trustees be paid over to the owners within three years from the
time of such sale and disposition, and Provided also in case of neglect or refusal
by said Trustees to pay over the money as aforesaid within the time aforesaid, the
Stockholders may institute a suit or suits in law or equity against such
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jointly who shall be liable to the amount of the real and personal property belonging
to said institution, and costs of suit.
Sec 11 That in case of it should happen that are election of Trustees should ^not^ be made on any [?] when pursuant to this act, it aught to have been made, the said corporation shall not for that cause be deemed to be dissolved, but that it shall be lawful on
any other day to hold and make an election of Trustees, in such manner as shall have
been regulated by the bye-laws and ordinances of said Corporation.
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[01]/[21]/[1841]
[01]/[21]/[1841]
Education
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Engrossed.
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ord 3.
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14
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passed
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14
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passed
Handwritten Document, 10 page(s), Folder 262, SB 61, GA Session 12-2,
Illinois State Archives (Springfield, IL) ,