officers may

Members or said corporation shall have power and authority be removed. to suspend or remove the president or any

Corporation may fill vacancies until next session of the legislature.

member of the said corporation, who shall, by his misconduct, render himself unworthy of the office, station or place he sustains, or who, from age or other infirmity, is rendered incapable to perform the duties of his office; and the said corporation shall have power and authority to suspend or remove from the university, any professor, instructor or resident student, or servant, whenever the corporation shall deem it expedient for the interest and honor of the university.

Sec. 7. And be it further enacted, That whenever the president or any member of the corporation shall be removed, by death, resignation or otherwise, during the recess of the legislature, the corporation shall hold a meeting (due notice of the design of which meeting shall be given to the several members) for the supplying such vacancy; and the person elected shall continue in office until the end of the next session of the legislature, and no longer, by virtue of such appointment; and in order to choose a president or member of the corporation, there shall be, at least, two-thirds of the whole number of said trustees present, and the said election shall be by ballot.

Sec. 8. And be it further enacted, That when any member of the corporation shall be removed by death, resignation or otherwise, such vacancy shall be supplied at the next meeting of the legislature of the state.

Such va

cancy to be

then sup

plied.

Style of the and profes

president

sors.

and author

Sec. 9. And be it further enacted, That the president and such professors, tutors and instructors, as the corporation shall appoint for that purpose, shall be styled, "The Faculty of the University," and shall have power and authority, from time to time, to ordain, regulate and establish, the mode and course of education Their power and instruction to be pursued in the university, ity. and also to make, publish and execute, such code of rules, regulations and by-laws as they shall deem necessary for the well ordering and good government of the university, and to repeal or amend any part thereof; which rules, regulations and by-laws shall continue in force until altered or disapproved of by the corporation; and it shall be the duty of the faculty, to Duty of the lay before the corporation, from time to time, accurate statements of all their proceedings; and the faculty shall direct and cause to be holden in the said university, quarterly, in every year, a public examination, at which time the faculty shall attend, when each class of the

faculty.

Seal of the

corporation.

may sue

students shall be examined relative to the proficiency they shall have made in the particular arts and sciences, or branches of education in which they shall have been instructed.

Sec. 10. And be it further enacted, That the said corporation may have and keep one common seal, which they may change or renew at pleasure; and that all deeds or instruments of writing, signed and delivered by the treasurer and sealed with the corporation seal, by order of the president and trustees, shall, when made in their corporate name, be considered in law as the deed and act of the corporation; and the Corporation said corporation shall be capable of suing and and be sued. being sued, pleading and being impleaded, in any action, real, personal or mixed, and the same to prosecute and defend to final judgment and execution, by the name of "The President and Trustees of the Ohio University:" Provided, That when any suit shall be commenced against the said corporation, the process shall be by summons, and the service made by the officer leaving an attested copy of such process with the treasurer of the said corporation, at least twenty days before the return day of such process; and the said corporation shall be capable of having, holding and taking, in fee simple, or

Proviso.

any less estate, by gift, grant, devise or otherwise, any lands or other estate, real or personal.

numbers

eight and in the cor

nine vested

poration, for the use

Sec. 11. And be it further enacted, That the Townships two townships numbered eight and nine, in the fourteenth range of townships, within the grant of land made by congress to the Ohio company of associates, be and they are hereby vested in the corporation, by this act created, in trust, for the sole use, benefit and support of the said university, forever.

one

of the uni versity.

two town

ap

Lands in the ships, when whom to be valued.

and by

laid off and

Sec. 12. And be it further enacted, That or more of the aforesaid trustees (to be pointed by the board for this purpose) shall, within six months from the passage of this act, proceed (by the oath of three disinterested and judicious freeholders) to lay off the lands in said townships (those included in the town of Athens excepted) or such part thereof as they may deem expedient, into tracts of not less than eighty nor more than two hundred and forty acres, and to estimate and value the same as in their original and unimproved state (for which service such compensation shall be allowed as Compensathe trustees shall think reasonable, to be paid out of the funds of the university) and having tbus laid off and estimated said lands, the trustees, after giving four weeks notice in the Trustees to

tion.

give notice.

To execute leases for

etc., on application.

On a yearly

rent of six

per cent. on

the valuation.

Revalued at the expira

tion of thirsixty years,

ty-five and

etc.

newspaper printed at Marietta, shall proceed to make out leases of the said tracts to such of the present occupants as shall apply for the ninety years, same, within three months after such notice given, and to all persons that shall apply hereafter, for the term of ninety years, renewable forever, on a yearly rent of six per centum on the amount of the valuation so made by the said free-holders; and the land so leased shall be subject to a revaluation, at the expiration of thirty-five years, and to another revaluation at the expiration of sixty years, from the commencement of the term of each lease; which revaluation shall be conducted and made on the principles of the first, and the lessee shall pay a yearly rent of six per centum on the amount of the revaluation so to be made, and forever thereafter on a yearly rent equal to and not exceeding six per centum on the amount of a valuation to be made as aforesaid, at the expiration of the term of ninety years aforesaid (which ninety years. Valuation the trustees and their successors are hereby authorized and directed to make): Provided however, That such last mentioned rent shall be subject to the following regulations, towit: at the expiration of the aforesaid period of ninety years, three referees shall be appointed, the first by the corporation of the university;

Also at the expiration of

Proviso.