CHAP. 143.—An ACT to incorporate Cumberland College, in
Lee county.

Approved March 3, 1880.

1. Be it enacted by the general assembly, That there be and
hereby is created and established at Rose Hill, in the county
of Lee, of this commonwealth, a seminary of learning for the
instruction of youth in the various branches of literature, 8ci-
ence and art.

2. And be it further enacted, That the said seminary shall
be called and known by the name of The Cumberland College,
and shall be under the control of Martin’s Station Lodge, Num-
ber One Hundred and Eighty-eight, Ancient, Free and Accepted
Masons, as hereinafter provided.

3. And be it further enacted, That L. D. Fulkerson, E. B.
Bales, F. R. Edmondson, William P. Bales, Eli Davis, L. S.
Fulkerson, Jonas Snavely, William McDonald, B. M. Morgan,
C. E. Baylor, S. W. Edds, A. H. Fulkerson, Doctor G. K. Tur-
ner, A. H. Martin and A. J. Litton, of Lee county, Virginia ;
John Johnson, W. F. Richmond and H. W. Holdway, of Scott
county, Virginia; The Right Worshipful Grand Master of the
State Lodge, Ancient, Free and Accepted Masons of Virginia,
and his successors in office; H. T. Patton and E. S. Overton, of
Claiborne county, Tennessee ; Hugh Parkey, of Hancock county,
Tennessee ; J. K. Bailey, of Mount Pleasant, Kentucky ; William
Bingham, of Pineville, Kentucky; D.Y. Little, of Manchester,
Kentucky ; William Day, of Jackson, Kentucky; Judge J. W.
Seale, of Booneville, Kentucky ; Colonel William C. Patterson
and Thomas R. Patton, of the city of Philadelphia; and C. E.
Kemp, of the city of Baltimore, Maryland, be and are hereby con-
stituted and appointed trustees of said college, who, and their
successors, appointed as hereinafter provided, shall be a body
politic and corporate by the name of The Trustees of Cumberland
College, and shall have perpetual succession and a common seal,
which seal they may alter at pleasure; and by the name afore-
said they and their successors shall be capable in law and shall
have full power and authority to acquire, hold, possess, pur-
chase, receive and retain to them and their successors forever
any lands, tenements, rents, goods, chattels or interest of any
kind whatsoever which may be given to them or be by them
purchased for the use of said college; to transfer, convey and
dispose of the same in any manner whatsoever they shall ad-
judge most useful to the interest and legal purposes of the
institution, and by the same name to sue and implead and be
sued and impleaded, answer and be answered in all courts of
law and equity; to select and employ a treasurer and such
other officers, agents and servants as they may see proper; to
elect and employ such president, professors, instructors and
tutors for the benefit of said college as they may deem neces-
sary; to make, ordain, establish and execute, or cause to be
executed, all such by-laws, rules and ordinances not inconsist-
ent with the laws and constitution of the United States or of
this commonwealth as they may think necessary for the welfare
of said college, the good government of the professors, instruct-
ors, tutors, agents and students of the same ; and generally to do
all acts necessary and proper to promote the welfare and pros-
perity of said institution.

4. And be it further enacted, That the president of the col-
lege, by and with the advice and consent of the trustees, shall
have power from time to time to ordain, regulate and establish
the mode and course of instruction and education to be pur-
sued in said college, and together with such professors, in-
structors and tutors as the corporation may designate, shall be
styled the faculty of the college, and sha!l have power to adopt
and enforce such rules as may be deemed expedient for the
good government of the institution; which rules and regula-
tions shall not be inconsistent with the constitution and laws
of the United States or of this commonwealth, nor with the
by-laws or ordinances of the corporation, and shall remain in
force until disapproved by the trustees present at any meeting,
or a majority of them, and no longer.

5. And be it further enacted, That the first meeting of the
trustees designated in the third section of this act shall be
held at Rose Hill aforesaid on the fourth Saturday in February
next, or at any time afterwards on a day agreed on by any three
or more of said trustees; provided, due notice of the meeting
be given to the remaining trustees at least ten days before the
time agreed on; at which meeting the said trustees assembled,
if there shall be a quorum present, may proceed to appoint
such officers and transact such business as they shall judge
necessary ; but if a quorum shall not be present those assem-
bled shall have the power of adjourning from day to day, or
to any future day, until # quorum shall be had. After a presi-
dent shall have been elected, he shall be ex-officio president of
the board of trustees, and shall preside in all their meetings
unless unavoidably absent; in such cases the vice-president of
the college, if there be one, or a president pro tempore elected
from their own body, shall preside; but in no case shall the
president be entitled to a vote unless he shall also be a mem-
ber of the board of trustees. All questions shall be decided
by a concurring vote of a majority of the trustees present,
except in the cases hereinafter provided. The president, or in
his absence the vice-president, and seven trustees shall at any
time form a quorum for business, or in the absence of the
president and vice-president, eight trustees, of whom one shall
be elected president pro tempore; and should there be at any
meeting less than a quorum they shall have the power of ad-
journing from day to day, or to any future day, until a quorum
shall be had.

6. And be it further enacted, That the said president and
trustees, or a quorum of them, shall have full power and au-
thority to meet at such times as they shall think necessary for
the examination of any candidates for literary degrees, and
they are hereby authorized and empowered to confer such de-
grees on such persons as in their opinion shall merit the same
in as ample a manner as any other college of this common-
wealth can do, and under their common seal to grant testimo-
nials thereof signed by the president and trustees.

7. And be it further enacted, That the said trustees, or a
quorum of them, shall elect a treasurer for said college, who
shall give bond with approved security, payable to the trustees
by their name aforesaid and their successors, conditioned faith-
fully to discharge the duties of his said office, and shall, when-
ever required by the board of trustees, render an account of
all moneys, goods and chattels received and expended by him
on account of and for the use of said college; and on failure
or refusal so to do shall be subject to the like proceedings as
are prescribed by law in the case of the collectors of taxes
failing to account for and pay into the treasury of this com-
monwealth the public taxes collected by them, such proceed-
ings to be conducted in the name of the trustees in their
politic and corporate character aforesaid: provided, that no
appropriation, payment or disbursement shall at any time be
made by the treasurer but such as shall be in pursuance of
the directions or orders of the trustees.

8. And be it further enacted, That the trustees, or a quorum
of them, shall have power to remove or suspend at any time
the president or any of the professors, instructors or tutors for
immoral conduct, inefficiency, neglect of duty or other good
cause, two-thirds of such quorum concurring.

9. And be it further enacted, That the aforesaid Martin’s Sta-
tion Lodge, Number One Hundred and Eighty-Kight, Ancient,
Free and Accepted Masons, shall have power to elect persons
to fill all vacancies that may occur in the board of trustees,
and when there shall be a vacancy ip said board of trustees,
occasioned by death, removal, resignation or refusal to act, the
remaining trustees, or a quorum of them, shall inform Martin’s
Station Lodge aforesaid of the fact ; and whenever any trustee
shall absent himself from three successive annual meetings of
the board of trustees without assigning a sufficient reason, at
the fourth the trustees of said college, or a quorum of them,
shall have power by entry on their minutes to declare his seat
vacant, and shall inform said Martin’s Station Lodge of their
action.

10. And be it further enacted, That there shall be annual
stated meetings of the said board of trustees to be held .at
such time as the said trustees shall at their first meeting under
the authority of this act appoint; but they shall have power
at any subsequent meeting to alter such day as to them may
seem expedient, and so on from time to time; and they shall
also have power to hold stated meetings oftener than once a
year if they shall deem it expedient so to do, and to appoint
the times for said stated meetings, and at any subsequent
meeting to change these times as may suit their own conveni-
ence, and so on from time to time. It shall be lawful for any
three of the trustees, or the president of the college, or the
professors for the time being, or a majority of them, to call a
meeting of the trustees whenever they or he, as the case may
be, shall deem it expedient, by giving at least ten days’ notice
of such meeting, either by publication in some paper published
in the county of Lee, or by written communication addressed
to each of the trustees.

11. And be it further enacted, That the said board of trus-
tees shall never be less than twelve nor more than thirty in
number. And the aforesaid Martin’s Station Lodge, Number
One Hundred and Eighty-Eight, Ancient, Free and Accepted
Masons, from time to time, may by appointment create addi-
tional trustees, not exceeding in all the greater number specified
in this section.

12. And be it further enacted, That it shall be the duty of
the board of trustees when thereto required to make a report
of the general condition of the college to the president and
directors of the literary fund to be by them communicated to
the general assembly.

13. And be it further enacted, That the county court of Lee
may refuse a certificate for obtaining any license to sell malt
or.spirituous liquors within three miles of the said institution
in said county.

14. And be it further enacted, That the trustees of said
college are hereby constituted conservators of the peace and
invested with such police authority within the grounds of said
college and for three miles distance therefrom as is not incon-
sistent with the statutes of this commonwealth.

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