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AN ACT to revise the law in relation to universities, colleges, academies and other institutions of learning. [Approved March 24, 1874. In force July 1, 1874.]

1. Additional powers. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That any corporation which has been, or may be incorporated under any general law of this State, for the purpose of establishing or conducting a university, college, academy, or other institution of learning, in addition to the powers granted by such law, shall have power to take by purchase, gift, grant, devise or bequest, and to hold for the use of such corporation, any real or personal property whatever, and to sell, convey, mortgage, or otherwise use the same, as may be considered most conducive to the interests of such institution. But such corporation shall have no power to divert any gift, grant, devise or bequest from the specific purpose designated by the donor. [R. S. 1845, p. 118, § 34, 35; L. 1849, p. 86. § 4, 6. 2. Election of trustees, etc.— certificate. 2. Any such corporation may elect trustees, directors or managers, in such manner, at such times and places, for such periods, and from such persons, whether members of the corporation or not, as may be provided, by the certificate of incorporation, or in case it is not so provided, by the by-laws; and no certificate of the election of trustees, directors or managers need be filed for record, except as required upon the organization of the corpo ration.

3. Powers of trustees, etc.-diplomas. §3. Such trustees, directors or managers shall have the control and management of the affairs and property of the corporation, and may appoint and fix the salaries of the president or principal, professors, tutors, teachers and such other officers and agents as they may deem necessary, and remove them at pleasure, and may prescribe the course of study to be observed in the

institution, or any department thereof, and may grant such literary honors and degrees as are usually granted by like institutions, and give suitable diplomas.

4. Corporations under special laws may incorporate, etc. 4. Any corporation which has been incorporated under any special law of this State for the purpose of establishing or conducting a university, college, academy or other institution of learning for the education of males or females, or both, may, by the unanimous consent of the board of trustees or directors, become incorporated under the provisions of an act entitled "An act concerning corporations," approved April eighteen, eighteen hundred and seventy-two, relative to corporations not for pecuniary profit, and when so organized under such general law shall be deemed and taken to have abandoned their organization under such special laws or charters, and such new corporation shall be entitled to and invested with all the real and personal estate of the old corporation, subject to all the debts, contracts and liabilities of such old corporation.

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CHANCELLORS OF UNIVERSITIES.

AN ACT in relation to the office of chancellor in universities of learning. [Approved March 28, 1874. In force July 1, 1874.]

5. When the office may be created, etc. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in all universities of learning, not placed under the control of the officers of this State, whether organized under any general or special law, including those wherein by law the governor is made chancellor ex officio, the board of trustees shall have power, by a by-law, to create the office of chancellor, to prescribe the powers and duties thereof, not inconsistent with the provisions of law, and to fix the term thereof; and, from time to time, to fill the same by election: Provided, whenever the governor is by law chancellor er officio, and shall be able to attend and act as such, his rights, prerogatives and duties shall not be abridged or affected by the provisions of this act.

AN ACT to enable non-residents of this State to hold the office of trustee in colleges, universities and other institutions of learning not under the control of officers of this State. [Approved April 2, 1875. In force July 1, 1875. L. 1875, p. 112.]

*6. Non-residents eligible to be trustees. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in all colleges, universities and other institutions of learning in the State of Illinois, not placed under the control of the officers of this State, whether organized under any general or special law, non-residents of this State shall be eligible to the office of trustee: Provided, that in no case shall more than one-third of the members of the board of trustees of any such institution of learning be non-residents of this State.

UNIVERSITY OF ILLINOIS.

AN ACT to regulate the Illinois university, and to make appropriations therefor. Approved May 7, 1873. In force July 1, 1873, as amended by act approved May 1873. In force July 1, 1887. L. 1887, p. 306.]

7. Trustees, to be elected. SEC. 1. There shall be elected at the general election to be held in the several precincts and counties of this State on the Tuesday next after the first Monday of November in the year of our Lord one thousand eight hundred and eighty-eight, and at each general election every two years thereafter, there shall be elected three trustees of the University of Illinois, and the trustees so elected, together with the governor, the president of the State board of agriculture, the superintendent of public instruction, and those persons who may have been appointed by the governor to be trustees of said university, and whose terms of office shall not have expired, shall constitute the board of trustees of the University of Illinois and shall succeed to and exercise all the powers conferred by the act entitled "An act to provide for the organization and maintenance of the Illinois Industrial University," approved February twenty-eight, eighteen hundred and sixty-seven, except as is herein, or may be hereafter provided by law.

8. Trustees, how elected. § 2. The trustees, to be elected as provided in this act, shall be voted for on the same ballots with the State officers to be chosen at such recurring general elections, and the election of said trustees shall be conducted, and the canvass, statement and return of the votes cast for said trustees shall be made in the same manner, and by the same officers, and shall be governed in every particular by the laws of this State governing a general election. The term of office to be held severally by the trustees so elected and by their successors shall be six years from the second Tuesday of March next succeeding the dates of their several elections, and until their successors shall have been elected and qualified: Provided, in case of vacancy in said board, such vacancy shall be filled by appointment by the governor until the next general election. Said board of trustees may appoint an executive committee of three chosen out of their own number, which committee, when said board is not in session, shall have the management and control of the university and of its affairs, and for that purpose shall have and exercise all the powers which are necessary and proper for such object, except in so far as the board may reserve such powers to itself, and any powers granted at any time by said board to such executive committee, the board may at any time revoke.

9. Trustees not to be contractors. § 3. No member of said board shall hold, or be employed in, or appointed to any office or place under the authority of the board of which he is a member, nor shall any member of said board be directly or indirectly interested in any contract : to be made by said board for any purpose whatever.

10. Fiscal year-reports. 4. The fiscal year of the said university is hereby declared and required to terminate on the thirtyfirst day of August in each year, and all reports of the university, except

catalogues and circulars, shall be addressed to the governor, and the annual report shall contain a full account of the financial and other transactions of the university to the close of the fiscal year as aforesaid; together with a full statement of the then condition of the endowment fund, and shall be presented to the governor on or before the fifteenth day of October in each year: Provided, that no less number of said reports be published annually than is now authorized by law.

11. President of trustees. § 5. The trustees of the said university shall elect annually, from their own number, a president, who shall also be one of the executive committee of three authorized by this act, in case such committee should be chosen and appointed by the said board; and no money shall be drawn from the treasury of the university except by order of the board of trustees, or of the executive committee aforesaid, on the warrant of the president of the said board, countersigned by the recording secretary.

12. Course of study. § 6. All pupils attending the said university shall be taught and shall study such branches of learning as are related to agriculture and the mechanic arts, and as are adapted to promote the liberal and practical education of the industrial classes in the several pursuits and professions of life, without excluding other scientific and classical studies, and including, for all male students, military tactics.

13. Investment of funds. § 7. The treasurer of the said university and the said board are hereby required in future to invest the principal of the funds arising from the endowment of the United States in interest-bearing bonds of the United States, or of this State, or of other States which did not participate in the late Rebellion. They are hereby prohibited from changing the securities in which said fund may be invested without the express permission of the general assembly, except that county bonds, in which some of said funds are now invested, may be sold, and the proceeds thereof invested in interest-bearing bonds of the class and character specified above in this section.

14. Subscription. § 8. All charges for freight heretofore or hereafter accruing over the Illinois Central railroad for the use or bene fit, directly or indirectly, of the said university, shall be applied on the subscription of fifty thousand dollars to the funds of said university, until the said subscription shall be exhausted, and no such freights shall be paid in money by the trustees to any person or corperation, nor shall any money be drawn from the treasury of the State on account thereof nor on account of such application.

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I. Three-fourths vote required-dam- 2. Rights of adjoining owners.

ages.

AN ACT to revise the law in relation to the vacation of streets and alleys. [Approved March 24, 1874. In force July 1, 1874.]

1. Three-fourths vote required-damages. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That no city council of any city, or board of trustees of any village or town, whether incorporated by special act or under any general law, shall have power to vacate or close any street or alley, or any portion of the same, except upon a three-fourths majority of all the aldermen of the city or trustees of the village or town authorized by law to be elected; such vote to be taken by ayes and noes, and entered on the records of the council or board. And when property is damaged by the vacation or closing of any street or alley, the same shall be ascertained and paid as provided by law. [See "Eminent Domain," ch. 47. L. 1865, p. 130, § I.

2. Rights of adjoining owners. § 2. When any street, alley, lane or highway, or any part thereof, has been or shall be vacated under or by virtue of any act of this State or by order of the city council of any city or trustees of any village or town, or by the commissioners of highways, county board, or other authority authorized to vacate the same, the lot or tract of land immediately adjoining on either side shall extend to the central line of such street, alley, lane or highway or part thereof so vacated, unless otherwise specially provided in the act, ordinance or order vacating the same, unless, in consequence of more of the land for such street, alley, lane or highway having been contributed from the land on one side thereof than the other, such division is inequitable, in which case the street, alley, lane or highway so vacated shall be divided according to the equities of the adjoining owners.

[L. 1865, p. 130, § 1; Gebhardt v. Reeves, 75 Ill. 301; St. John v. Quitzow, 72 Ill. 334.

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