Chap. 9.—An ACT to Incorporate the Marion Female College.
Approved January 938, 1674.

1. Be it enacted by the T eneral-asaenibly, That James H.
Gilmore, James Copenhaver, C. H. Stevens, N. L. Look, G.
D. H. Killinger, Stephen Groseclose, John Copenhaver, C. K.
Coley, William McCauley, James W. Sheffey, John A. Kelly,
Valentine Vanhuss, Peter Schaeffer, J. J. Scherer, John 8.
Copenhaver, Benjamin Phlegar, J. A. Brown, J. B. Greiner,
Joséph Groseclose, M. Jackson, Jacob Oassel, John S. Grose-
close, J. H. Francis, F. McMullen, and Nelson Fudge, and
their successors, be and are hereby constituted a body politic
and corporate, under the name and style of the trustees of
Marion Female College, and by that name shall have per-
petual succession and a common geal, and may sue and be
sued, plead and be impleaded in any court of law or equity,
and shall be capable in law to receive, hold and dispose of
real and personal property, to an amount not exceeding one
hundred thousand dollars to carry out the purposes of their
incorporation.

2. The board of trustees shall consist of twenty-five mem-
bers, a majority of whom and the president of the college
faculty shall be members of the Hvangelical Lutheran church,
and shall have power to appoint a faculty for said college,
consisting of a president and professors, and fix their salaries,
which faculty may, with the advice and consent of the trus-
tees, establish and regulate the course and mode of education
and instruction to be pursued in said college, and to adopt
and enforce such rules and regulations, not inconsistent with
the laws of this state, or of the United States, or of the college,
as may be deemed expedient for the good government of the
institution. The trustees shall have power also to elect an-
nually a president of their body, a secretary, and a treasurer,
and such other officers as they may deem proper. The trus-
‘tees shall also have power to change the present name of the
college, or adopt a new name should it be advisable.

3. Seven of the trustees shall constitute a board for the
transaction of business except for the election or removal of
a president or professors, when a majority must be present,
and any vacancy or vacancies in the board of trustees, occa-
sioned by death, resignation or otherwise, shall be filled or
supplied by appointment of the board.

4. The duties of the president and secretary shall be such
as belong to their respective offices. In case of the absence
of one or both, their place or places shall be filled pro tem-
pore. The treasurer shall receive all moneys accruing to the
college and property delivered to his care, and shall pay or
deliver the same to the order of the board. Before enterin
upon his duties he shall give bond with such security ‘and
with such penalty as the board shall direct and approve, ir
able to the of said college, conditioned for the faithful
performance of his duties; and of accounting for and paying
over all moneys and property which shall come to his hands;
and it shall be la for the said trustees to obtain a judg-
ment or judgments for the amount thercof, or for any special
delinquency incurred by said treasurer, on motion in an
cvurt of record in this state against the treasurer and ‘his
gecurities, his or their executors or administrators, wpon giv-
ing ten days’ previous notice of such motion.

5. The said trustees shall have power by themselves or
their agents to take and receive subscriptions for the said
college, and to enforce the payment thereof either by war-
rant before.a justice, or motion in any court of record in this
state having jurisdiction, according to the amount claimed,
upon giving ten days’ notice of sach motion.

6. The president of the college, or in case of his death,
Tesignation, removal, suspension, or refusal to act, the other
members of the faculty or a majority of them, shall have
power to call a meeting of the trustees when he or they deem
it expedient.

7. The board of trustees in comnection with the president
and professors of the college, shall have power to confer. such

iplomas, certificates of echolarship and literary titles as
they may think best calculated to promote the cause of female
education. The board of trustees may adopt any plan for
the endowment of the said college, not inconsistent with an
law or laws of the United States, or of this state, or of this
act.
8. The board may also adopt such by-laws, rules and reg-
ulations for their government as may be deemed expedient,
provided they are not contrary to any provision or provisions
of this act.

9. If at any time the said college should be abandoned or
cease to be used as a college, under the auspices of the Luthe-
ran church, or said college should be removed from Marion
or its vicinity, to any other point, then said college property
shall be sold at public auction, after reasonable notice by the
trustees, and the subscriptions made thereto by citizens of
Smythe county, shall be repaid to them out of the proceeds
of sale pro rated according to the amount of their subscrip-
tions.

10. This act shall be in force from its passage.