Act of 10th December, 1803. Vol. II. 142.

sell certain

19. The trustees of the University of Georgia be, and they are Trustees auhereby authorized and empowered to sell and dispose of, in such thorized to manner as they may deem most for the benefit of the institution, the land. tract of land belonging to the said university, situate in the county of Hancock, and to appropriate the moneys arising from the sale, in such manner as in their judgment will most advance the beneficial purposes of the said university; and that they also have full power and authority to sell and dispose of, in like manner, and for the same purpose, all such lots and land, situate in, and adjoining the site of the university, as they think proper, reserving nevertheless, the quantity of thirty-seven acres of land for the college yard.*

An Act to amend the Charter.-Passed December 16, 1811. Vol.
III. 1055.

Sec. I. [Repealed-see 31.]

Sec. II. [Appoints 5 trustees.f]

stituted.

20. Sec. III. The governor for the time being, the president of Board of visi senate, and speaker of the house of representatives, together with ters, how conthe senators from each county, except from the county in which the speaker may reside, shall constitute the board of visiters, who, together with the board of trustees, shall constitute and form the senatus academicus, whose powers and duties shall remain as defined by this act, and the before-recited acts, where they do not militate with this

act.

cretary and

person, who

ty.

ficers to be appointed by

21. Sec. IV. The duties of secretary and treasurer of the board Office of se of trustees shall be done and performed by one and the same person, treasurer uniwho shall be appointed by the board of trustees; he shall reside or ted in one keep his office at the university, and shall be compensated for his ser- shall reside at vices annually by said board of trustees; and all other officers of the universithe university shall be appointed by the senatus academicus, and their All other of salaries regulated by the board of trustees. [But see sec. 31.] 22. Sec. V. The senatus academicus shall meet at Milledgeville se acad annually on the second Monday in November, before whom the board micus when of trustees shall lay all their proceedings relative to the said univer- meet. sity, together with a true statement of their receipts and expendi- Duty of the tures, which shall also contain the number of students, their names, their different studies, and the amount of tuition money, and said proceedings and statements shall be by the senatus academicus laid before the general assembly,

Sec. VI. [Repealed. See sec. 31.]

Senat. acade

and where to

trustees.

23. Sec. VII. The examination of the students of college for de- Examinagrees, shall be conducted by three of the trustees, with the assistance tions, how to be conducted; of the president and professors, or by three persons chosen by said and degrees, trustees, who are considered by them to be qualified to examine; how conferand red. no student shall be suffered to graduate without the assent of two-thirds of the said examiners.

*The next act in order of time, is that of Nov. 1806, (Vol. II. 308,) allowing a lottery, which is deemed obsolete: and the next is of Dec. 1808, (ibid. 456,) which is superseded in all its provisions by subsequent acts.

+ Messrs. Early, Paine, Upson, Griffin, and Crawford.

The charter is the only act recited.

54

The trustees authorized to

versity lands

Act of 16th December, 1815.-Vol. III., 1058.

Whereas from the present situation of the lands belonging to the University of Georgia, the proceeds therefrom are incompetent to the support of the institution, pursuant to the laudable design of its founders, and the wishes of the general assembly, and a judicious sale thereof, with a proper management of the funds arising from said sales, being better calculated to promote the welfare of said institution :

24. Sec. I. Be it enacted, &c. That the several tracts of land, that sell the uni- is to say, the tract of land in the county of Greene, known by the name of the Richland Creek tract; the two tracts in the county of Oglethorpe, known by the names of the Fishing and Falling Creek tracts; the tract of land in the county of Clark, known by the name of the Sandy Creek tract; and the tract in the county of Franklin, known by the name of the Shoal Creek tract; belonging to the University of Georgia, may be sold by the trustees of said university, and they are hereby permitted and authorized to sell the same, in such manner, and upon such terms as they, or a majority of them, may deem most conducive to the interest of the said university, and the most advanaf public out- tageous disposition of said lands :-Provided nevertheless, that said lands shall be sold by lots of one hundred acres* each at public outcry, and to the highest bidder.

cay.

The proceeds to be vested in stock.

The bonds

and mortga

ges may be

pledged to the govern

ment on cer

tain contin

gencies.

The stock not to be

25. Sec. II. The proceeds of the sale of said lands, shall in no wise or manner be used by the said trustees, to pay off debts, or to make any purchases, except as hereinafter directed, but shall be by them reserved for the purpose of being vested in some profitable stock, for the use of the university.

26. Sec. III. If the said trustees should dispose of the lands aforesaid upon a credit, the bonds given by the purchasers for the same, shall be secured by good personal security, together with a mortgage upon the land so purchased; and the said bonds and mortgages, when collected, shall be applied by the said trustees to the subscription for stock in any banks now in this state, in case further subscriptions should be by them opened, or any bank which may hereaf ter be established by the state or the United States; if any subscriptions should be opened by any of the banks aforesaid, at a time when the bonds and mortgages should be uncollected or not due, and a failure to obtain stock on that account would ensue, the trustees of said university, by depositing the whole amount of said bonds and mortgages in the treasury of the state, and producing to his excellency the governor the treasurer's certificate of the same, shall obtain from the governor a warrant on the treasury for whatever sum, not exceeding two-thirds of the amount of said bonds and mortgages, that may be necessary for subscribing for such number of shares as the proceeds of said bonds if collected, would authorize them to subscribe for: Provided always, that the governor shall direct the collection of the said bonds and mortgages as they become due, and the principal and interest thereof shall be paid into the treasury of the state, as a reimbursement for the advance made by the state to the said trustees.

27. Sec. IV. The said trustees shall never dispose of the stock sold, but the by them subscribed for as aforesaid, unless by the consent of the ledividends on- gislature of Georgia, or make use of it in any manner whatever; but the proceeds or dividends therefrom, shall be drawn by them, and used in such manner as the various demands and necessities of the

ly.

* But see sec. 30.

said university may require, and as will be most likely to ensure the objects of its establishment.

al trustees ap

28. Sec. V. That [ten persons*] be, and they are hereby ap- Ten additionpointed additional trustees to the university aforesaid, and that any pointed. five of the trustees of the said university, shall form a board, and be Five to form competent to proceed to business.

a board for

business.

29. Sec. VI. It shall and may be lawful for said board of trustees Trustees may to dispense with the services of such of its officers, or make such re- curtail the expenditures. duction in the fees or salaries of officers, as will enable them with the funds of the institution to meet their disbursements, nor shall any salary or compensation be allowed said trustees or any of them, for their or any of their services.

Act of 18th December, 1816. Vol. III. 1060.

tracts of 100

30. Sec. I. All sales of land heretofore made or hereafter to be Sales ratified made by the trustees of said university, shall be valid to all intents though not in and purposes, notwithstanding the same may have been, or hereafter acres each. may be sold in lots over and above, or under, one hundred acres each-any thing in the above recited [last preceding] act to the contrary notwithstanding.

of the act of

31. Sec. II. The first section of the act passed the 16th day of Repealing December, 1811, as also, so much of said amending act as directs, certain parts that all officers of the university, other than the secretary and treasu- 1811. rer, shall be appointed by the senatus academicus, together with the sixth section of the said amending act, be, and the same are hereby repealed.

in certain

32. Sec. III. In all cases where the trustees of the university Trustees may have sold any lot or lots of land, to which, or any part of which, there compromise is an adverse claim, which claim has been or may hereafter be deter- cases. mined, either by suit or arbitration, against the title derived from the trustees, it shall and may be lawful for said trustees to adjust all matters with the person to whom they sold, either by giving credit on the bond given for the purchase money, or by releasing the purchaser altogether from his contract,--said purchaser at the same time relinquishing to them all claim or title to any part which may not be included within such adverse claim as aforesaid.

appoint a

tempore.

33. Sec. IV. In case the office of president of the university, shall Trustees may at any time be vacant during the recess of the senatus academicus, it president pro. shall and may be lawful for the board of trustees to appoint a president pro tempore, who shall continue in office until the next meeting of the senatus academicus; and in all such cases it shall be the duty of the prudential committee, if there be one, or of the senior trustee, if there be no prudential committee, to convene the board.

ized, not ex

34. Sec. V. That his excellency the governor, be, and he is here- Loan authorby authorized and directed to advance to the board of trustees, upon ceeding the credit of the bonds and mortgages upon the sale of university 10,000 dolls. lands deposited in the treasurer's office, any sum not exceeding ten thousand dollars, if the necessities or exigencies of the university should require such advance.‡

* Messrs. Mitchell, Charlton, Kollock, Wayne, Ware, Cuthbert, Clayton, Meriwether, Elliot and Troup.

+ See sec. 19, &c.

Donation of 2000 dollars to build a house for a grammar school. Resolution of 18th Dec. 1819. Vol. III. 1216.

deposited.

To be reim- 35. Sec. VI. The state treasury shall be reimbursed the sum bursed out of of five thousand dollars, together with lawful interest, out of the mortgages proceeds of the bonds and mortgages aforesaid; which sum was in November, 1802, in the act, entitled An Act to appropriate Moneys for the political year 1803, appropriated as a loan to the trustees of the university; and that the aforesaid sum of ten thousand dollars herein directed to be advanced, shall be also repaid at the state treasury, out of the proceeds of said bonds and mortgages.

Trustees to fill vacancies

at their own

board, subject to the

approval of

the sen. academicus.

# Two additional trus

Act of 10th December, 1817. Vol. II. 1061.

36. Sec. I. From and after the passage of this act, the trustees of the said University of Georgia are authorized and empowered to fill all such vacancy or vacancies, that may at present exist in the said board of trustees, or that may hereafter exist or become vacant, by the appointment of such person or persons as the said board of trustees may think proper: Provided the said board of trustees shall notify the senatus academicus, at each annual meeting, of such appointment or appointments, so by them made: And provided also, that the said senatus academicus shall approve the same.*

And whereas the board of trustees of the university did, at their last meeting, recommend the appointment of two additional members to said board of trustees:

37. Sec. II. Be it enacted, That [two persons named,t] be, and 18 appoint they are hereby appointed trustees of the University of Georgia, in addition to the number heretofore appointed, any law to the contrary notwithstanding.

ed.

Deeds to be

Shoal Creek

tract,

Act of 17th December, 1818. Vol. III. 1064..

38. Sec. I. Immediately after the passing of this act, the trusmade to the tees of the University of Georgia be, and they are hereby authorized and required to make, or cause to be made, to any person or persons, (or the heirs of the same,) on their producing the original deed of said trustees, with a relinquishment on the same from the original purchaser, before any justice of the peace or justice of the inferior court in said county, to any tract or fraction in the Shoal Creek tract, formerly being the land set apart for said university.

when the

payments are Completed.

39. Sec. II. Said trustees are not authorized to make, or cause to be made to any person, a title to any of the above-recited land, until the original purchase money, with the interest of the same, shall be paid, any law to the contrary notwithstanding.

Act of 23d November, 1819. Vol. III. 1065.

Whereas by an act [of 16th Dec. 1815; see sec. 24, &c.] the said frustees did sell said lands in pursuance of said act, and by their then president, John Brown, did make deeds to the respective purchasers; and whereas some doubts have arisen whether the said deeds were legally executed:

*The act of 1811, s. 1, (Vol. III. 1055,) directing these vacancies to be filled by the legislature, was already 'repealed by the act of 1816, s. 2, (ibid. 1060, which restored the operation of the 7th section of the charter, (see sec. 8th of this title,) which repeal appears to have been overlooked.

+ Messrs. Campbell and Hardin.

ACADEMIES AND FREE SCHOOLS.-1783, 1810.

by President

40. Be it enacted, &c. That from and after the passage of this Deeds signed act, the said deeds shall be taken, held, and deemed to all intents and Brown de purposes as legal and valid, and admitted to evidence in any of the clared valid superior courts in this state, in their present form, and without any other documents to support them.

ACADEMIES AND FREE SCHOOLS.*

Act of 31st July, 1783.

Vol. I. 134.

land in each

41. Sec. XIV. On application of any person or persons duly au- 1000 acres of thorized by the respective counties, his honour the governor shall be, county to and he is hereby likewise empowered to grant one thousand acres of support free vacant land for erecting free schools, as in the above town of Washington. [And see Lands, sec. 174, 175.]

Act of 8th December, 1810.

Vol. II. 598.

schools.

chase 1000

Whereas, the general assembly of this state did, on the 20th day of CommissionDecember, 1792,† pass a law authorizing the commissioners of the ers may puracademies of the several counties in this state, to purchase one thou- pounds value sand pounds worth of confiscated property, and as there are several property. new counties in this state which have not yet received such donation;

42. Sec. I. Be it therefore enacted, &c. That the commissioners of the several county academies in this state, or their agents, who have not heretofore received one thousand pounds worth of confiscated property, shall be and they are hereby authorized to purchase at any sales of confiscated property, to the amount of one thousand pounds for each county, and the commissioners for selling confiscated property are hereby authorized to receive their bids to the above amount, and to make sufficient titles to them for the same, and their successors in office.‡

of confiscated

titles for for

43. Sec. II. Where the commissioners of any of the county aca- And receive demies as aforesaid, have heretofore become purchasers of any con- mer purcha fiscated property, either by themselves or agents, the said commis- ges sioners of confiscated property are hereby authorized and required to make titles for the same to them, and their successors in office, as well as for all other property which they or any of them may hereafter purchase at such sales; Provided nevertheless, that if any commissioners so purchasing, or having purchased at such sales, having heretofore received any part of the one thousand pounds as allowed by the before-recited act, that in that case they shall only receive such sum as will in all make the sum of one thousand pounds, as aforesaid.

See sec. 15.

+ Vol. I. 99. See Confiscation and Amercement, scc. 117.

The resolution of 20th Dec. 1817, (Vol. III. 1182,) directs moreover, that if the commissioners of any such academies should find any lands subject to be sold under the acts of confiscation, it may be exposed to sale by the sheriff as if under execution, for the benefit of such academy; and the overplus of the proceeds, if any above the 1000 pounds, to go equally to such other academies as may not have received the full amount of this donation, who are further proSee Escheats, sec. 21, and by act of 1820, vided for out of escheat money. pam. 68.

By the act of 1819, (Vol. III. 29,) all fines and forfeitures in Morgan, Greene, and Wilkes, for crimes and on penal statutes, after payment of costs, are appropriated to the use of the academies at the court-houses of those counties. The appointment of commissioners hereafter to be made by the commissioners in office. See County Officers, sec. 18.