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Trustees incorporated.

Lands and es

to Trustees.

Be it further Enacted by the Authority aforesaid that the Honl. Samuel Phillips of Andover aforesaid Esqr., the Honl. John Phillips of Exeter aforesaid Esqr., the Honl. William Phillips and Oliver Wendell Esqrs., and John Lowell Esqr., of Boston in the County of Suffolk and State of Massachusetts Bay the Revd. Josiah Stearns of Epping in the County of Rockingham aforesaid, the Revd. William Symms of said Andover, the Revd. Elias Smith of Middleton in the said County of Essex the Revd. Jonathan French, Saml. Phillips Junr., Esqr., Mr. Eliphalet Pearson, Gentleman, and Mr. Nehemiah Abbot, Yeoman, all of Andover aforesaid be, and they hereby are nominated and appointed Trustees of said Academy, and they are hereby incorporated into a body politic by the name of the Trustees of Phillips Academy, and that they and their Successors shall be and continue a body politic and corporate by the same name forever.

And be it further Enacted by the Authority aforesaid, that all tate confirmed the Lands and monies, which, by a legal Instrument bearing date the first day of April in the Year of our Lord one thousand Seven hundred and seventy eight were given, granted and assigned by the beforementioned Samuel Phillips and John Phillips unto the said William Phillips, Oliver Wendell, John Lowell, Josiah Stearns, William Symmes, Elias Smith, Jonathan French, Samuel Phillips Junr., Eliphalet Pearson and Nehemiah Abbot, and to their heirs be and they hereby are Confirmed to the said William Phillips and others last named, and to their Successors as Trustees of Phillips Academy forever, for the Uses and purposes and upon the Trust, which in said Instrument are expressed ;-And the Trustees aforesaid their Successors and the Officers of the said Academy, are hereby required in Conducting the Concerns thereof, and in all matters relating thereto, to regulate themselves Conformably to the true design and intention of the said Grantors, as expressed in their Instrument abovementioned.

Powers.

Visitors and their powers.

And be it further Enacted by the Authority aforesaid, that the said Trustees and their Successors shall have one Common Seal, which they may make use of in any cause or business that relates to the said Office of Trustees of the said Academy, and they shall have power and authority to break, change and renew the said Seal from time to time as they shall see fit and that they may sue and be sued in all actions, real, personal and mixed, and prosecute and defend the same unto final Judgment and execution by the name of the Trustees of Phillips's Academy.

And be it further Enacted by the authority aforesaid, that the said Samuel Phillips and others the Trustees aforesaid and their Successors, the longest livers and Survivors of them be the true and sole Visitors, Trustees and Governors of the said Phillips Academy in perpetual Succession forever, to be continued in the way and manner hereafter specified, with full power and authority to elect such Officers of the said Academy, as they shall judge necessary and convenient, and to make and ordain such Laws,

Orders and Rules, for the good Government of said Academy, as to them the said Trustees, Governors and Visitors aforesaid and their Successors, shall from time to time according to the various occasions and Circumstances seem most fit and requisite, all which shall be observed by the Officers, Scholars and Servants of the said Academy upon the penalties therein contained Provided Notwithstanding that the said Rules, Laws and Orders be no ways contrary to the Laws of this State.

And be it further Enacted by the Authority aforesaid that the Number of Number of the said Trustees aforesaid and their successors, shall Trustees. not at any one time be more than Thirteen nor less than Seven ; Seven of whom shall constitute a Quorum for transacting business, and a major part of the Members present at any legal Meeting, shall decide all Questions that shall come before them, except in the instance herein after excepted; That the Principal Instructor for the time being shall ever be one of them; that a Major part, shall be Laymen and respectable Freeholders, also that a Major part shall consist of Men who are not Inhabitants of the Town where the Seminary is situate-And to perpetuate the Succession of the said Trustees,

Be it further enacted by the Authority aforesaid that as often Election of as one or more of the Trustees of said Phillips Academy shall Trustees. die or resign, or in the Judgement of a Major part of the other Trustees, be render'd by age or otherwise, incapable of discharging the duties of his Office, then and so often, the Trustees then surviving and remaining or the Major part of them, shall elect one or more persons to supply the Vacancy or Vacancies.

And be it further Enacted by the Authority aforesaid, that the Real and perTrustees aforesaid and their Successors, be, and they hereby sonal estate. are rendered capable in Law to take and receive by Gift, Grant, Devise, Bequest or otherwise any Lands, Tenements or other Estate real and Personal, provided, that the annual income of the said real Estate shall not exceed the sum of Five Hundred pounds and the annual income of the said Personal Estate shall not exceed the sum of Two Thousand pounds, both sums to be valued in Silver at the rate of six shillings and eight pence by the Ounce To have and to hold the same, to them the said Trustees and their Successors, on such Terms and under such Provisions and Limitations, as may be expressed in any Deed or instrument of Conveyance to them made: Provided always, that neither the said Trustees nor their successors shall ever hereafter receive any Grant or Donation, the Condition whereof shall require them or any others concerned to act in any respect, counter to the design of the first Grantors, or of any prior Donation; and all Deeds and Instruments which the said Trustees may lawfully make, shall when made in the name of the said Trustees, and signed and Delivered by the Treasurer, and Sealed with their Common Seal, bind the said Trustees and their Successors and be valid in Law.

And be it further Enacted by the Authority aforesaid, that if it shall hereafter be judged upon mature and impartial Conside

Power of removing seminary.

ration of all Circumstances, by two thirds of all the Trustees, that for good and Substantial reasons which at this time do not exist, the true design of this Institution will be better promoted, by removing the Seminary from the place, where it is founded, in that case it shall be in the Power of the said Trustees to remove it accordingly, and to establish it in such place within this State, as they shall judge to be best calculated for carrying into effectual execution the intention of the Founders. [Oct. 4, 1780.] Add. acts, 1807 ch. 22: 1813 ch. 125: 1823 ch. 50.

INDEX.

[In this Index subjects not referred to in their alphabetical order will be found under some one of the fol-
lowing general heads, viz:

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Worcester Female, proprietors incorporated,

ALBANY WHARF AND WAREHOUSE CORPORATION established,

AMERICAN ACADEMY OF ARTS AND SCIENCES, S. J. Court authorized to hear

and determine, in equity, all matters in relation to Count Rumford's
donation to,

248

698

62

AMERICAN INSTITUTE OF INSTRUCTION, incorporated,
AMERICAN STATIONERS COMPANY, incorporated,
AMHERST FEMALE SEMINARY, proprietors incorporated,
ANDREWS FISHING COMPANY, in Harwich, incorporated,
ANNEXATION to Athol, of a part of New Salem,

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456

121

26

294

65

26

291

87

278,476

748

749

27

612

111

398

473

800

605

333

731

Provincetown, of a part of Truro,

Sutton, of a part of Northbridge,

Walpole, of a part of Foxborough,

line altered,

ASPINWALL, Samuel, authorized to extend his wharf,

ATKINSON DONATION, School District, No. 2, in Newbury, authorized to sell,
ATWOOD, Pain G. authorized to erect a bridge over Duck Creek, in Wellfleet,
AUBURN, name of the town of Ward changed to,

B.

BAKER, N. and others authorized to build a bridge over Swan Pond River,

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