Chap. 335.—An ACT to Amend an Act passed February 21, 1817, entitled
An act to Incorporate the Academy in the town of New Market, Shenan-
doah county.

Approved July 11, 1870.

1. Be it enacted by the general assembly of Virginia, That
the act passed by the general assembly of Virginia on the
twenty-first day of February, eighteen hundred and seventeen,
entitled an act to incorporate the academy in the town of New
Market, Shenandoah county, be and the same is hereby amended
and re-enacted so that it shall read as follows:

Ҥ 1. Be it enacted by the general assembly, That Martin
Urner, Solomon D. Henkel, Socrates Henkel, Walter New-
man, Charles E. Rice, Joseph B. Strayer, Caspar C. Henkel,
William M. Sibert, John D. Zirkle, Jacob D. Williamson,
Francis E. Rice, and Zachariah Shirley, Sr., be and they are
hereby continued as trustees and appointed trustees of The
New Market Polytechnic Institute, in New Market, Shenan-
doah county; and the said trustees and their successors are
hereby constituted a body politic and.corporate, by the name
of Trustees of the New Market Polytechnic Institute; and
by that name shall have perpetual succession and a common
seal; may sue and be sued, plead and be impleaded, in any
court of law or equity within this commonwealth. The said
trustees, or a majority of them, by the name aforesaid, shall
be capable in law to purchase, receive, and hold, they and their
successors forever, for the sole benefit of the said New Market
Polytechnic Institute, as if the same were purchased, received,
or held for the benefit of a natural person, any lands, tene-
ments, rents, goods, and chattels, of what kind soever, which
may be purchased by or devised or given to them for the
establishment or endowment of the said New Market Poly-
technic Institute, and to lease, rent, or otherwise dispose of
the same, in such manner as to them most conducive to the
benefit of the said institute: provided, that the real estate held
or owned &t any one time shall not exceed in value the sum of
one hundred thousand dollars, nor shall the same be held,
used, leased, or sold, for any other purpose than to promote
the educational objects of said institute: provided, that not
less than a majority of the said trustees shall be sufficient to
authorize a sale of any real estate belonging to the said insti-
tute. The said trustees and their successors, or a majority of
them, shall have power from time to time to make and estab-
lish such by-laws, rules, and regulations, not contrary to the
laws or constitution of this state or of the United States, which
they may judge necessary for the government and operation of
the said institute, and to appoint a president, secretary, and trea-
surer of the board of trustees, and also such tutors, professors,
librarian, and other officers that may be necessary, and remove
the same under regulations and rules to be established by the
said trustees. The secretary shall keep a fair and correct
record of the proceedings of all meetings of said trustees,
and perform such other duties as properly belong to his office,
or may be required of him by the regulations of the said trus-
tees. The treasurer shall receive all moneys accruing to the
said institute, and property thereof delivered to his care, and
pay or deliver the same to the order of the said trustees, or a
majority of them; and before he enters on the duties of his
office, shall give bond and security, in such sum as the said
trustees, or a majority of them, may direct, payable to them
and their successors, with condition for the faithful discharge
of the trust imposed in him, and that he will, when required
by the trustees, or a majority of them, render a just and true
account of all moneys, goods, and chattels received by him on
account of and for the use of said institute. The said treasurer
shall receive such salary as may be allowed by the said trus-
tees, or a majority of them; and if he fail to render, when re-
quired, a just and true account of all moneys, goods, and_chat-
tels, which may have come to his hands by virtue of his office,
or to appropriate and pay the same as the trustees, or a magjo-
rity of them, may direct, it shall be lawful for the said trustees,
or a majority of them, to obtain a judgment for the amount or
value thereof, by motion, in any court of record in the com-
monwealth having jurisdiction of the parties against the said
treasurer and his securities, his or their executors, administra-
tors; and execution shall thereupon be issued in like manner
as is by the law directed against sheriffs for non-payment of
taxes: provided, that the defendant or defendants on every
such motion shall have twenty days’ previous notice thereof in
writing. The duties of the librarian may be defined by the
said trustees hereafter, and they may allow him such salary as
they may deem proper and reasonable. The trustees may, as
occasion demands, elect a president of the faculty, and such
other professors as may be found necessary; and the president
and professors so elected and appointed, shall constitute the
faculty of the institute, and shall have the right and power to
confer such degrees and titles as they, with the consent of the
trustees, may adopt, and issue diplomas and certificates of pro-
ficiency in studies, and do such other and further things as gene-
rally appertain to the duties of professors in colleges. Each ap-
plicant, in order to admission as a student, must have the neces-
sary qualifications, and must comply with the terms, conditions,
and requirements of the said institute; and no one shall be re-
ceived as a student without the approval of the president of
the faculty. The said trustees are hereby also required to
keep in operation & primary or preparatory department, under
a qualified tutor or tutors, in the said institute buildings, or
connected therewith.

Ҥ 2. In case of the death, resignation, removal, or disability,
of any one or more of the trustees, the vacancies thereby oc-
casioned shall remain unfilled until the number of trustees shall
be reduced below seven, and then such vacancies, so occasioned,
shall be filled until seven trustees shall be duly qualified, in all,
by the remaining trustees, or a majority of them; but a ma-
jority of the qualified and acting trustees shall, at any time, be
sufficient and competent to transact any of the ‘business of said
trustees. The said trustees shall meet from time to time, ac-
cording to their own appointments, or by order of the presi-
dent; and should any trustee persistently neglect his duties,
he may, by a two-thirds vote of the trustees remaining, be
declared no longer a trustee, and thereupon the remaining
trustees may proceed to fill the vacancy thus occasioned.

Ҥ 3. The said trustees are hereby made and declared the
lawful successors of the trustees of the New Market academy,
with all the rights, privileges, duties, and responsibilities of said
trustees of said academies, specially and particularly conferred
and devolved upon them; and are hereby specially authorized
and empowered to collect and receive all subscriptions hereto-
fore made and payable to the trustees of the New Market
academy, for the use of said academy, and to take and receive
such subscriptions as may be hereafter made for the benefit of
the said institute; and in case any one shall fail to comply with
his or her subscription, in either case above recited, to enforce
the payment thereof by warrant before a magistrate, or by a
motion in any court of record in this commonwealth, according
to the amount of such subscription, giving ten days’ previous
notice of such motion, in case the same be made.

“$4. This act shall take effect and be in full force and effect
on the first day of October, Anno Domini, eighteen hundred
and seventy.” .