In force, Feb.[February] 27, 1841.
An ACT to incorporate the Trustees of the Winchester Male and Female Common and Preparatory Schools.
1Name & style
Corporate powers.
Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Levi Harlan, Elijah Sills, Thomas Kersey, R. C. Brown and Edward G. Minor, be, and they are hereby created a body corporate and politic, by the name and style of the “Trustees of the Winchester Common and Preparatory School,” and by that name and style 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 such things as a natural person; may acquire,
purchase, and in all lawful ways, to use, manage and dispose of the same; may have
a common seal, and may alter or change the same at pleasure, and may make by-laws
for its regulation not inconsistent with the Constitution of the United States or
of this State.
Name & style
Corporate powers.
Sec. 2. Be it further enacted, That Zalmon Carter, Doctor Metcalf, John Kirkpatrick, Ira Rowen, Barlem Brown, Thomas Cowhich, John E. Bell, James Rucker, Bennet Grey, and Thomas Smothers, be, and they are hereby created a body corporate and politic, by the name and style
of the “Trustees of the Winchester Female Seminary,” and by such name and style shall have the same powers and privileges that are given to the trustees appointed and named in the first
section of this act.
Further powers.
Sec. 3. The trustees of said institution shall have authority from time to time to prescribe the course of studies to be pursued
in said institutions, to fix the rate of tuition and expenses, to appoint and employ instructors and such
other officers and agents as they consider necessary to the proper management of the
institutions, define their duties, and fix their compensation, and at the pleasure
of a majority of the trustees, displace and remove them.
Location.
Sec. 4. The above institutions shall be located in the incorporate limits of the town
of Winchester, Scott county, Illinois, on such lot or lots as may be chosen by a majority of the trustees of each institution
separately.
Term of Office
Sec. 5. The trustees of the schools appointed by this act, shall hold their offices for one year after the organization of said schools, and
until their successors are chosen.
School fund.
Sec. 6. Nothing in this act shall be so construed as to prevent either of the above named
institutions from receiving their proper proportion of money appropriated by law for
common school purposes, and the trustees named in the first and second sections of this act, and their successors
in office, shall do and perform all acts required by law of the trustees of common
schools.
Tax for school purposes.
Proviso.
Sec. 7. The trustees of the town of Winchester may levy and collect a tax not exceeding one per centum on all taxable property in
said town, to be applied to purposes of education, as said trustees shall from time to time
direct: Provided, That before any tax can be levied as aforesaid, and on application of twelve citizens
of the town, the trustees shall cause an election to be held, where each inhabitant residing
within the incorporate limits of said town, may have the privilege of voting for or against a tax, and if a majority of two-thirds
of the votes given at said election shall be in favor of a tax, then and in that case
the trustees may levy a tax and in no other.
Time & place of holding elections.
Sec. 8. The trustees of the town shall prescribe the time, place and manner of holding and conducting said election, and the returns of the
same, and make it a matter of record; they shall also provide for the collection,
safe keeping, and distribution of the tax collected for school purposes; they may
apportion the money raised by tax to the schools incorporated by this act exclusively,
or to them and others as may best suit the convenience and interest of the inhabitants
of the town.
Powers of trustees.
Sec. 9. The trustees of the town are hereby authorized and empowered to enact and ordain such acts and ordinances
in their incorporated capacity as shall be necessary to carry the provisions of this
act into effect; and for the furtherance
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of the cause of education, such ordinance not to be inconsistent with the Constitution
and laws of the United States, or of this State.
Quorum.
Sec. 10. That at any meeting of the bodies corporate mentioned in the first and second
sections of this act, any three of the individual composing the same shall form a quorum to do and transact
business.
Approved, February 27, 1841.
1Thomas M. Kilpatrick introduced SB 79 in the Senate on December 31, 1840. On January 2, 1841, the Senate referred the bill to the Committee
on Incorporations. The Committee on Incorporations reported back the bill on January
7 with an amendment, in which the Senate concurred. On January 12, the Senate referred
the bill to a select committee. The select committee reported back the bill on January
19 with an amendment, in which the Senate concurred. The Senate passed the bill as
amended on January 20. On February 13. the House of Representatives referred the bill to the Committee on Banks and Other Corporations. The Committee
on Banks and Other Corporations reported back the bill on February 23 with amendments,
in which the House concurred. The House passed the bill as amended on February 24.
The Senate concurred with the House amendments on February 27. On February 27, the
Council of Revision approved the bill and the act became law.
Journal of the House of Representatives, of the Twelfth General Assembly of the State
of Illinois, At Their Second Session, Begun and Held in the City of Springfield, December
7, 1840 (Springfield, IL: William Walters, 1840), 250, 389, 471, 488, 560; Journal of the Senate of the Twelfth General Assembly of the State of Illinois, At
Their Second Session, Begun and Held in the City of the Springfield, December 7, 1840 (Springfield, IL: William Walters, 1840), 128, 130, 142, 154, 178, 183-184, 398,
442, 453, 454.
Printed Document, 3 page(s), Laws of the State of Illinois, Passed by the Twelfth General Assembly (Springfield, IL: William Walters, 1841), 289-91, GA Session 12-2,