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years thereafter; and the seats or places of the third class at the expiration of three years thereaf ter; so that one third may be chosen or appointed, annually, as hereinafter mentioned.

CHAP.

LXXXIV.

1801

Electors how

SECT. 3. And be it enacted, That in order to sup- Vacancies how ply the said vacancies, and to perpetuate the suc- supplied. cession of trustees, the president of the board of trustees, shall within one week after every such vacancy shall happen, give notice thereof by one or more advertisements to be set up at the acade- notified. my, in which he shall appoint a time for holding an election to supply the said vacancies, within twenty days after the date of the said advertisement, and that the contributors to, and supporters of the said academy, shall at the time so appointed, meet at the said academy, and elect proper persons to be trustees to supply such vacancies, but the trustees whose terms have so expired shall not be ineligible; Provided always, that to make such election valid, a majority of the persons entitled to vote shall assemble and elect; Provided also, that no person shall be deemed a contributor or supporter so as to entitle him or her to a vote, at such election, unless he or she shall have previously given towards the erection of the said academy or its endowment, the sum of twenty dollars at least, or at the time of the election hath, and for six months immediately preceding the same, had one or more pupils at the said seminary; and that the trustees hereafter to be elected, shall have the same qualifications as the persons entitled to vote.

Qualification of electors.

Powers of the

SECT. 4. And be it enacted, That the trustees of the New-Castle academy, and their successors in Trustees. office, or a majority of them, shall be vested with

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CHAP. LXXXIV.

w 1801

To make by. laws.

To appoint professors,

to manage the funds of the academy.

To elect officers

Schools for

reading, &c.

the powers and authority hereinafter mentioned, that is to say,

1st. They shall and may make, alter, repeal and again re-enact, all laws, regulations and or. dinances which they may deem necessary and convenient, for the better government of the said academy as a seminary of useful learning; Provided, that nothing herein contained, shall be construed to authorize them to exercise any powers repugnant to the laws or constitution of this State.

2d. They may appoint professors, tutors, or such officers or persons as they may deem requi site for the said academy, under such rules and sti pulations, and for such pecuniary compensations as they shall consider adequate and proper.

3d. They shall manage, apply, and dispose of the estate and funds of the academy, either by themselves or their agents (to whom may be al lowed for their labours and services reasonable and moderate compensations) in such manner as may most redound to the benefit and advantage of the institution.

4th. They shall annually chuse one of their own body to be president of the board of trustees; and they shall from time to time appoint a treasurer, secretary, and such other officers as may be requisite, whose duties shall be prescribed by ordinances of the board of trustees; but the treasu. rer shall be required to enter into bond, to the corporation for the performance of his trust be fore he shall officiate as treasurer.

5th. They shall always keep open a school or schools, in which the common branches of edu

cation, to wit, Reading, writing and arithmetic shall be taught.

CHAP. LXXXIV. w

1801

are sufficient, poor children to be taught gratis.

6th. Whenever funds may be obtained, by When the funds donation or otherwise, sufficient for the education of the children of poor persons unable to defray the expence of education, it shall be the duty of the trustees to admit all such children, who shall receive their tuition without any charge therefor.

7th. They shall be capable of exercising all such other powers as may be necessary for the well governing and ordering the said corporation, and the affairs and business thereof, and of holding such occasional meetings for that purpose, as shall be ordained by the regulations and ordinances of the said corporation.

death, &c. how

supplied.

SECT. 5. And be it further enacted, That when. When a vacan ever any vacancy shall happen in the board of cy happens by trustees, by death, removal, incapacity, or resignation, or where no election shall be held as aforesaid, to supply the vacancies occasioned by the annual rotation of trustees, in either of these cases, the then remaining trustees, or a majority of them, shall supply the same, by a choice of persons, who shall continue therein as long as the trustees would have continued whose places are so supplied.

porated.

SECT. 6. And be it further enacted, That the Trustees incor trustees of the New-Castle academy, and their suc. cessors by the same name, shall be able and capable, in law and equity, to have, purchase, possess and enjoy any lands, tenements and hereditaments, goods, chattels, rights, credits and effects, of what nature, kind, or quality soever by the gift, grant, bargain, sale, alienation, devise or

CHAP. LXXXIV.

1801

May sue and be sued, &c.

Shall use a com

mon seal, and may change the

same.

Former trustees empowered to convey the lot on which the house stands.

bequest of any person or persons, or bodies politic, or corporate; and to sell, dispose, alien, or demise the same in such manner and form as they shall think most advantageous for the benefit of the said institution.

SECT. 7. And be it further enacted, That the said corporation shall be able and capable in law to sue, and be sued, implead and be impleaded, answer and be answered, defend and be defended, in courts of law and equity, or any other place whatsoever; and to do and execute all other matters and things, which bodies politic and corporate may lawfully do.

SECT. 8. And be it further enacted, That the said corporation shall have full power and authority to have and use a common seal, and to change the same, and establish another or others, with such devices as they shall think proper; and that all acts certified under that or any other seal of the said corporation, relating to the affairs thereof, shall have full faith and credit in and before all and every the courts and jurisdictions within this State.

SECT. 9. And be it enacted, That the surviving trustees or trustee, in whom is vested by the act of general Assembly herein before recited, the legal estate in the lot of ground whereon the said New-Castle academy is erected, are or is hereby empowered and directed to convey the said estate therein, to the trustees of the said academy.

SECT. 10. And be it enacted, That every matter and thing herein contained, shall be construed and taken most favourably and beneficially for the said corporation.

- SECT. 11. And be it enacted, That the trustees Trustees to publish annually of the New-Castle academy, shall annually, at least their accounts. three months before the respective elections herein before directed to be held for supplying the vacancies to be occasioned by the annual rotation of trustees, cause to be published a statement of the receipts and expenditures of the said corpora

tion.

their funds with

SECT. 12. And be it enacted, That for the more Trustees may effectual advancement of useful knowledge, the consolidate trustees of the New-Castle academy, and any other similar inother body or bodies politic and corporate, insti- stitutions. tuted for the advancement of learning, who may be desirous to engraft and consolidate their funds and estate, or any part thereof, with the funds and estate of the said academy, shall have full power and authority mutually to treat and agree with each other, and carry into effect the agree ment in such manner and on such terms as may be deemed most proper to effect the object, whereby the said funds and estates may be consolidated and engrafted; and the same shall be, and are hereby declared to be vested in the trustees of the said academy, in conformity to the terms of such agreement, when made; Provided, that the body politic or corporate agreeing aforesaid to consolidate the funds and estates thereof, as aforesaid, and vest the same in the trustees of the said academy, shall be entitled to one or more representatives to be chosen and become trustees of the said academy, in such manner and under such regulations as the trustees of the said academy may agree and ordain.

SECT. 13. And be it enacted, That the trustees of the New-Castle acadeiny, shall not, on any pre

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