Sec[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly. That persons hereinafter named shall be commissioners to receive subscriptions for shares in an academic association, to be styled the “Naperville Academy” to be located at Naperville in the county of Dupage.
Sec 2 The trustees to be elected as hereinafter provided, are hereby constituted a body politic and corporate, with power of suing and being sued, pleading and being impleaded, answering and being answered unto, in all Courts having competent jurisdiction, in the name and Style of the “President and ^The^ trustees of the Naperville^Chicago^ Academy” they shall have power to open books to receive subscriptions (and ^to take stock for its[elf?] or for any [fund?] & [?] that it may [?] [charge of,?] ^ donations to the capital stock of said Academy, to acquire hold and convey property real and personal, to have and use a common seal to alter the same at pleasure, to make and alter from time to time such byelaws as they may deem necessary for the government and regulation of said institutions its officers, and servants and property. Provided such byelaws be not inconsistent with the Constitution and laws of the United States and of this State, or of this act.

<Page 2>
Sec 3. The trustees of said institution shall consist of nine stockholders At the first election, those of whom shall be elected by ballot for the term of three years, other three shall be elected for the term of two years, and other three shall be elected to serve 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 held at some convenient place to be from time to time ascertained and fixed by the byelaws of said corporation until the said academy is fitted for holding elections therein, after which all elections shall be held at said 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 may ^shall^ hold in the same.
Sec 4 The stockholders of said institution shall have power to fill such vacancy or vacancies of said trustees as may happen by death resignation or otherwise, and the ^said^ trustees shall hold the property of said institution solely for the purposes of education in said academy, and not as stock for the individual
<Page 3>
benefit of themselves or any contributor to the endowment of the same; and no particular religious faith shall be required of those who become trustees, teachers, officers, schollars or servants of said institution.
Sec 5. The said institution shall be located in or within half a mile of the town of Naperville in the county of Dupage in said State, and the said trustees shall be competent in law and or equity tto take to themselves and their successors in office in their said corporate name any estate real, personal or mixed, by the gift grant, bargain and sale, conveyance will, [devise?] ^devise^ or bequest of any person or persons whomsoever, and the same estate whether real, persona[l] or mixed, to grant, bargain sell convey demise or 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 said 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
<Page 4>
and servants and procuring Books, maps, charts, globes and apparatus necessary to the success of said academy, Provided, nevertheless, that in case any donation, demise devise or bequest shall be made for particular purposes, accordant with the design of this institution and corporation shall accept the same; every donation, devise or bequest shall be applied in conformity with the express conditions of the donor or devisor
Sec 6. The stockholders shall annually elect a treasurer for said institution, who shall before he enters upon the duties of his office give a bond with approved security to the trustees of said Academy in such penal sum as they may require for the due and faithful performance of his duty as treasurer, and in case of his death, removal, refusal or neglect to serve it shall be lawful for the trustees of the academy at any of their meetings to appoint an other treasurer in his stead, to remain in office till the expiration of the time during which his predecessor was elected.

<Page 5>
Sec 7 All process against the said 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 8. The trustees shall have power to employ and appoint a principal for said institution and all such instructors and teachers and servants as may be necessary, and to displace them, as the interests of the academy may require the same, and to fill all vacancies that which may happen by death or otherwise.
Sec 9. The trustees shall meet annually and oftener if they think necessary in the town of Naperville, and shall appoint one of their board a clerk, who shall faithfully record all the proceedings of said trustees. They shall elect all officers and servants by ballot, and a majority of said trustees, shall be sufficient in all cases to transact the business of said corporation.
Sec 10. Not over forty acres of land shall be held by said academy for the sole use and occupation of the buildings
<Page 6>
and appendages connected therewith
Sec 11. That on the payment of twenty dollars to the treasurer, every free white person shall be considered a stock holder, and be entitled to one vote; and that it shall be lawful for each and every stockholder for the time being of said Academy, his executors, administrators or assigns, to give, sell, devise and dispose of their respective rights or shares in said academy, and such donee or purchaser shall be entitled to all the rights of the original holder
Sec 12 Joseph Naper, Stephen J. Scott, Lewis Ellsworth, C. B. Hosmer, Erastus W. Wight, Nathan Allen Jr, Samuel Anderson and James Warren be and they are hereby appointed commissioners to solicit and receive subscriptions of stock to said institution and give receipts for the same, and when the sum of fifteen hundred dollars of stock is subscribed, said commissioners or any three of them shall be authorized to give public notice for three weeks in some public news paper of the time and place of holding an election of trustees
<Page 7>
of said institution, which first election shall be held at some convenient place in Naperville, between the hours of 12 M. and 6 P.M. on said day, and the said commissioners or any three of them may act as judges of said election.
Sec 13. The second election of trustees, and every subsequent one, shall be held on the first Monday of January annually at the academy, between the hours of 12 M. and 6 P.M. on said days.
Sec 14. Each stockholder shall be required, at or before the first election for trustees to pay to sai[d] commissioners five dollars, on each share by him or her subscribe[d] and the residue in six months thereafter, or the amount paid by him shall be forfeited.
Sec 15. All elections for trustees shall be by ballot, with the name of the voter or stockholder written on the ballot, and the number of shares of stock he or she holds in said institution, and which ballot, after the first election shall be given to the treasurer or clerk of the said board of trustees, a majority of whom shall act as the board of election.

<Page 8>
Sec 16. The said Academy when erected and in operation, shall at all times be open for the use and privilege of every free white person who may wish to be instructed there, if such free white person will comply with the laws and bye laws, and pay the sum affixed by the said trustees for the instruction of students attending there.
Sec 17. Every free white person who may at any time tender the sum of twenty dollars to the treasurer of the academy; it shall be the duty of the treasurer to accept the same, and give him a cert[ificate] as a stock holder.
Sec 18. If at any time the corporation shall violate the provisions of this charter, it shall be the duty of the Attorney General to file an information in the nature of a quo warranto for the purpose of vacating this act, Provided, in that case, the trustees shall have the right of selling all the property real and personal belonging to said corporation for the sole benefit of the stock holders who shall be entitled to the same as soon as it is collected and shall then be considered as money paid to the use of the said stock holders.

<Page 9>
Sec 19. That in case it should happen that an election of trustees should not be made on any day when pursuant to this act it ought 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.
[ certification ]
02/27/1841
Passed the senate Feby 27/41
M L Covell secty

<Page 10>
[ docketing ]
[ docketing ]
No 216
[ docketing ]
An act to incorporate the Naperville Academy
[ docketing ]
[02]/[22]/[1841]
2
[ docketing ]
[02]/[22]/[1841]
Incpt[Incorporations].
[ docketing ]
[02]/[27]/[1841]
to be Enrolled
M L Covell
[ docketing ]
25
[ docketing ]
[02]/[25]/[1841]
passed

Handwritten Document, 10 page(s), Folder 403, SB 223, GA Session 12-2, Illinois State Archives (Springfield, IL) ,