°H Hi K FRANKLIN COLLEGE ORIGINAL CHARTER. AN ACT To incorporate and . endow the German College and Charity School in the borough and county of Lancaster in this State. (Section i, P. L.) Whereas The citizens of this Preamble. State, of German birth or extraction, have emi- nently contributed by their industry economy and 'public virtues to raise the State to its present hap- piness and prosperity, And Whereas a number of citizens of the above description in conjunction with others, from a desire to increase and perpetuate the S blessings derived to them from the possession of property and a free government, have applied to this House for a charter of incorporation and a dona- tion of lands for the purpose of establishing and en- dowing a College and Charity School in the borough of Lancaster; And Whereas the preservation of the principles of the Christian religion and of our repub- lican form of government in their purity depends under God in a great measure on the establishment and support of suitable places of education for the purpose of training up a succession of youth who by being enabled fully to understand the grounds of both may be led the more zealously to practice the one and the more strenuously to defend the other. Therefore College created. To be called Franklin College, in honor of Benjamin Franklin. Trustees. (Section i.) (Section II. P. L.) Be it enacted and it is hereby enacted by the Representatives of the freemen of the Commonwealth of Pennsylvania in General As- sembly met, and by the authority of the same, That there shall be, and hereby is erected and established in the said borough of Lancaster in the county of Lancaster in this State a College and Charity School for the instruction of youth in the German, English, Latin, Greek and other learned languages in theology and in the useful arts, sciences and literature — the style, title and constitution of which College shall be as is hereinafter set forth, that is to say: First. — From a profound respect for the talents, virtues and services to mankind in general but more especially to this country of his excellency Benjamin Franklin, Esquire, President of the Supreme Execu- tive Council, the said College shall be and hereby is denominated " Franklin College." Second. — That the said College shall be under the management direction and government of a number of Trustees not exceeding forty-five or a board or quorum thereof as hereinafter mentioned. Third. — That the first Trustees of the said Col- lege shall consist of the following persons to wit : the honorable Thomas Mifflin, Esquire, the honorable Thomas McKean, Esquire, Doctor of Laws, the rev- erend Doctor John Henry Christian Helmuth, the rev- erend Casper Weiburg, the reverend Henry Muhlen- berg, the reverend William Handell, the reverend Nicholas Kurtz, the reverend George Troldenier, the reverend John Herbst, the reverend Joseph Hutchins, the reverend Frederick Weyland, the reverend Alber- tus Helfenstein, the reverend William Ingold, the rev- Ofi. S~ 'J Ljl/87/ Fn /S48 3 erend Jacob van Buskirk, the reverend Abraham Blumer, the reverend Frederick Dalecker, the rev- erend Christopher Emanuel Shultz, the reverend John B. Cousie, Peter Muhlenberg Esquire, the rev- erend Frederick Valentine Miltzeimer, John Hubley, Esquire, Joseph Heister, Esquire, Casper Schaffner, Peter Hoofnagle Esquire, Christopher Crawford, Paul Zantzinger, Adam Hubley Esquire, Adam Reigart, Jasper Yeates, Esquire, Stephen Chambers Esquire, the honorable Robert Morris Esquire, George Clymer Esquire, Philip Wager, the honorable William Bing- ham Esquire, William Hamilton, William Sheaf, Doctor Benjamin Rush, Daniel Heister Esquire, William Rawle Esquire Lewis Farmer Esquire, Christopher Kucher, Philip Groenwaldt, Michael Hahn, George Stake senior, Esquire, John Musser; which said Trustees and their successors to be elected in manner hereinafter mentioned are hereby erected established and declared to be one body politic and corporate with perpetual succession in deed and incorporate x x x powers. law to all intents and purposes whatsoever by the name style and title of "The Trustees of Franklin College in the borough and county of Lancaster" by which name and title the said Trustees, and their successors shall be competent and capable at law and in equity to take to themselves and their suc- cessors for the use of the said College any estate in any messuages, lands, tenements hereditaments goods chattels moneys or other effects by the gift, grant, bargain and sale, conveyance, assurance, de- vise or bequest of any person or persons whatsoever, Provided the same do not exceed in the whole the yearly value of ten thousand pounds valuing one Portugal half Johnnes weighing nine penny weight at three pounds, and the same messuages, lands, ten- ements hereditaments and estate real and personal, to grant, bargain and sell, convey assure demise and to farm let and place out on interest or otherwise dispose of for the use of the said College in such manner as to them or at least seven of them at an annual or ad- journed meeting assembled shall seem most bene- ficial to the institution and to receive the rents issues profits interest and income of the same, and to apply the same to the proper use and support of the said College, and by the same name to use, prosecute and defend, implead and be impleaded in any courts of law or equity, and generally by the same name, to do and transact all and every (the) business concern- ing the premises, or incidentally necessary thereto, as fully and effectually as any natural person or body politic or corporate within this Commonwealth have power to manage their own concerns. Fourth. — The said Trustees shall cause to be made for their use one common seal, with such devices and inscriptions thereon as they shall think proper, under and by which all deeds, diplomas, certificates and acts of the said corporation shall pass and be au- thenticated and the same seal at their pleasure to break and make a new one. Fifth. — That the said Trustees or any nine of them, shall meet at the borough of Lancaster, on the fifth day of June next for the purpose of concerting and agreeing upon such business, as in consequence of this Act it may be necessary to transact, and shall have J power to adjourn from time to time as they shall see cause to any other times and places for the purpose of completing the same. Sixth. — That there shall be a meeting of the said Trustees held, once in every year at least, at the borough of Lancaster at such time as the said Trus- tees or a quorum thereof shall appoint, of which notice shall be given after the first meeting, either by public advertisements in two of the newspapers of this State, or by notice in writing signed by the Clerk or other officer of the Trustees for that pur- pose, to be appointed, and sent to each Trustee at least twenty days before the time of such intended meeting, and if at such meeting nine of the said Trustees shall not be present, those of them who shall be present shall have power to adjourn the meeting to any other day as fully and effectually to all intents and purposes, as if the whole number of Trustees for the time being were present, but if nine or more of the said Trustees shall meet, at the said appointed times or at any other time of adjournment, then such nine Trustees shall be a board or quorum and a majority of the votes of them shall be capable of making and enacting ordinances for the govern- ment of the said College, of electing Trustees in the place and stead of those who shall resign, or other- wise vacate their places, of electing and appointing the Principal, Vice Principal and Professors of agree- ing with them for their salaries and stipends, and removing them for misconduct or a breach of the laws of the institution of appointing Committees of their own body to carry into execution all and every the resolutions of the board, of appointing a Treas- urer, Secretary, Stewards, Managers and other neces- sary and customary officers for taking care of the estate, and managing the concerns of the said Cor- poration, and generally a majority of the voices of the said board or quorum of Trustees at any annual or adjourned meeting after notice given as aforesaid, shall determine all matters and things not otherwise provided for by this Act occasionally arising and in- cidentally necessary to be determined and transacted by the said Trustees: Provided always, that no ordi- nances shall be of force, which shall be repugnant to the laws of this State. Trustee cannot Seventh. — That neither the Principal, Vice-Prin- be Professor. r 7 cipal nor professors of the said College while they remain such, shall be capable of holding the office of Trustee — and if any Trustee of the said College for the time being shall accept the office or appoint- ment of Principal Vice- Principal or Professor of the said College, it shall be deemed and taken to be a resignation of the office of Trustee, and in such case a new election of a Trustee in the place of him so taken and construed to have resigned the same office shall be held in such time and manner as by the future ordinance of the said College shall be ordained and established. Faculty. Eighth. — The Principal Vice- Principal and Pro- fessors of the said College shall be styled — The Principal Vice- Principal and Professors of Franklin College in the borough and county of Lancaster and the name, style and title of the body or faculty composed of the said Principal Vice-Principal and Professors shall be "The faculty of Franklin College in the borough and county of Lancaster," which faculty shall have the power of enforcing the rules and regulations adopted by the Trustees for the government of the pupils by rewarding or censuring them, and finally by suspending such of them as after repeated admonitions shall continue dis- obedient and refractory until the determination of a quorum of Trustees can be had, and of granting and confirming by and with the approbation and consent of a Board of Trustees signified by their mandamus such degrees in the liberal arts and sciences to such pupils of the said College or other persons who by their proficiency in learning or other meritorious distinctions they shall think en- titled to them, as are usually granted and conferred in other colleges in America or Europe, and to grant to such graduates diplomas or certificates under their common seal, and signed by the faculty to authenticate and perpetuate the memory of such graduation. Ninth— Fifteen, of the Trustees of the said Col- J^ st c e h e s ; en . lege shall forever hereafter be chosen from the members of the Lutheran church, and the like number from the members of the Reformed or Calvinist church, the remainder of the said Trustees shall be chosen from any other society of christians. Provided always That no person not an inhabitant of this State shall be capable of being elected one of the aforesaid Trustees, and if any of the said Trustees now appointed or hereafter elected shall wholly remove from this State and settle elsewhere, such Trustee from and after the space of one year from such removal shall be deemed to have resigned his said office and a new Trustee in the place of him so removed from this State shall be elected in such time and manner as by the future ordinances and regulations of the said College shall be ordained and established. 8 Principal, how chosen. Clergymen. Nine Trustees given power to establish officers. Charity School. Tenth. — The Principal of the said College shall forever hereafter be chosen alternately from the Lutheran and Reformed or Calvinist churches un- less such of the Trustees as are or shall be members of those two churches at an annual or adjourned meeting assembled, shall unanimously agree to elect and appoint two or more persons in succession of the same religious denomination or some suitable person of any other society of christians. Eleventh. — In order to secure to this Seminary the beneficial effects which have been generally found to result from the zealous and industrious exertions of the members of the clergy in the education of youth, whenever the seat of a clergyman hereby appointed or hereafter to be elected a Trustee of the said College shall become vacant, such vacancy shall be filled by the election of another clergyman in his place, so nevertheless that the aforesaid pro- portion of Lutheran and Reformed or Calvinist Trustees be invariably preserved. Twelfth. — That nine of the said Trustees at an annual or adjourned meeting shall have power to institute and establish such officers of the said Col- lege not herein before mentioned or to vest such powers in the officers already herein mentioned, and allow such salaries and perquisites or additional salaries and perquisites as the future exigencies of the College may from time to time require. Thirteenth. — To facilitate the acquisition of learn- ing to all ranks of people by means of a charity school being one of the primary and fundamental objects of this institution one sixth part of the capital real and personal fund of the said College, not including moneys paid for tuition, shall be ir- revocably appropriated, together with such gifts and bequests as may be hereafter made to the said College for that special purpose, to the maintenance and support of a charity school for children of both sexes and all religious denominations on the most liberal plan consistent with the ability of the said College. Fourteenth. — No misnomer of the said Corpora- ^° a i?d s 3e5 ers tion shall defeat or annul any gift, grant devise or glfts " bequest to the said Corporation, nor shall any disuser or nonuser of the rights, liberties, privileges, jurisdictions and authorities or any of them hereby granted to the said Corporation, create or cause a forfeiture thereof. (Section II) (Section III P. L.) And be it further enacted by the authority aforesaid That the consti- tution of the said College herein declared and estab- lished shall be and remain the inviolable constitution of the said College forever, alterable only by an Act of the Legislature of this State. (Section III.) (Section IV P. L.) And be it^TSnd further enacted by the authority aforesaid That granted " ten thousand acres of land, together with six per centum allowance for roads set out and surveyed within the unappropriated lands of this State be, and they are hereby granted, to the said Trustees of " Franklin College " in the borough and county of Lancaster; to have and to hold the same to them their successors and assigns forever. (Section IV.) (Section V P. L.) And be it further]£$£ aXa for enacted by the authority aforesaid That \ipon the applications of the said Trustees or of any person 10 duly authorized by them to the Secretary of the land office of this State, he shall and is hereby re- quired to grant and issue such and so many war- rants to be directed to the Surveyor- General re- quiring him to survey or cause to be surveyed for the Trustees of the said College such and so many tracts of land with such number of acres in each warrant as shall be applied for at each application in such places not otherwise appropriated by Acts of As- sembly of this Commonwealth, as shall in the whole amount to the said quantity of ten thousand acres and the usual allowance, and the Surveyor- General shall receive and enter all such warrants in his office, and issue copies thereof directed to his deputies in the different counties and districts within the State, and the said deputies shall duly execute the same and make returns thereof and thereupon such proceedings, shall be had and patents or grants of confirmation for the same shall be issued and granted to the said Trustees of the said College in like manner and form and having like force and effect, as the like proceedings and patents have been and are conducted and granted in case of private persons making applications for, and taking up lands under the laws of this Commonwealth in such cases made and provided. (Section V.) (Section VI P. L.) And be it further enacted by the authority aforesaid That all and every the tract and tracts of land hereby directed to be surveyed for the use of the said Col- lege shall be so done at the charge of this State, and the Supreme Executive Council are hereby authorized and empowered to draw orders on the II Treasurer of the State to pay and defray all the charges arising therefrom. Passed March ioth, 1787. Recorded L. B. No. Ill page 184 &c. AN ACT For vesting the public store-house and two lots of ground in the bor- ough and county of Lancaster, in the Trustees of Franklin College, for the use of said institution : Sec 1, Whereas from a full conviction of the utility of establishing seminaries of learning in this Preamble. Commonwealth, an Act of Assembly was passed the tenth day of March one thousand seven hundred and eighty-seven to incorporate a College and Charity School in the borough and county of Lancaster, under the title of Franklin College. And Whereas it hath since been represented to this house by the petition of the Trustees of the said College, that their funds, notwithstanding the former bounty of the legislature, are inadequate to the good purposes intended; wherefore they have prayed this house to convey to the said College, two certain lots or pieces of ground on Queen Street, in the said borough with the public Store-house thereon being, and Whereas it appears reasonable and proper that the said petition should be granted. Sec 11. Be it therefore enacted and it is hereby IZIA granted enacted by the Representatives of the freemen of the Com- college. monwealth of Pennsylvania in General Assembly met, and by the authority of the same, That the said two 12 lots of ground as they are situated on the west side of Queen Street in the said borough, with their appur- tenances, and all the estate, right, title interest, property, claim and demand of the State of Penn- sylvania, in and to the same, shall be and they are hereby granted and vested in the Trustees of Frank- lin College in the borough and county of Lancaster, and their successors forever, to and for the use of the said institution. Signed by order of the House, THOMAS MIFFLIN, Speaker. Enacted into a Law at Philadelphia, on Wednes- day the twenty-seventh day of February, in the year of our Lord one thousand seven hundred and eighty- eight. PETER ZACHARY LLOYD, Clerk of the General Assembly. A SUPPLEMENT To an act, entitled "An Act, to incorporate and endow the German College and Charity School, in the borough and county of Lancaster, in this State." Whereas by an act, entitled "An act to incor- porate and endow the German college and charity school, in the borough of Lancaster, in this state," by the name of " Franklin College." The said insti- tution was endowed with ten thousand acres of land, to be surveyed and patented at the charge of the state. And it is represented by the trustees thereof, that by the return of the several surveys of the said 13 lands, into the Surveyor General's office, there ap- pears to be four hundred and fifty-five acres, and one hundred and thirty-six perches of land, more than the said quantity of ten thousand acres con- tained therein. And it is reasonable that the said institution should receive a patent or patents for such surplus quantity, free from any purchase money or fees, in furtherance of the benevolent designs of the legislature, in making the said endowment. Therefore, Sec. i. Be it enacted by the Senate and House of Patents free of . expense to Representatives of the Commonwealth of Pennsylvania'™*™- in General Assembly met, and it is hereby enacted by the authority of the same, That the Secretary of the Land Office, be, and he is hereby directed to issue patents, free of expense, to the trustees of Franklin College, in the city and county of Lancaster, for the lands surveyed and returned for them, by virtue of the act to which this is a supplement ; and to include in the said patents the surplus quantity in any or all surplus to be of the surveys, amounting in the whole to four hun- dred and fifty five acres, and one hundred and thirty- six perches, more than ten thousand acres, without charging any purchase money or office fees, for, or on account of such surplus lands. Sec 2. And be it further enacted by the authority Grant to aforesaid, That the book cases used for the state ce°rtafn book cases. library, during the time the legislature held their sessions at Lancaster, the property of this common- wealth, and now remaining in the court house at Lancaster, be, and the same are hereby granted to the trustees aforesaid, for the use of the college. REES HILL, Speaker of the House of Representatives. ISAAC WEAVER, Speaker of the Senate. Approved — the sixteenth day of March, one thou- sand eight hundred and nineteen. WILLIAM FINDLAY. AN ACT To authorize the executors of Lucy Salter, deceased, to sell and convey certain real estate, and for other purposes. * ^ >fc * 5fc % * co a unf y ster Section 9. That the trustees of the Lancaster authored to county academy, be, and they are hereby authorized &c"to es " e ' and impowered to sell either publicly or privately, college. f or such price as may be agreed upon and to convey and assure to the trustees of Franklin college, in the borough and county of Lancaster, all the property, real, personal and mixed, belonging to the said academy, to have and to hold the same to the said trustees for such estate as the said academy has therein, but upon the special trust and confidence that the said property shall be used and applied by the said trustees to the purposes of education, and to the objects set forth and contemplated in their charters of incorporation. Deed, how it Sec io. The power to sell and convey given by may be made r . and by whom, the preceding section, may be executed either by a deed or deeds under the corporate seal of the Lan- 15 caster county academy, or under the hands and seals of a committee of the board of trustees appointed for that purpose. WM. HOPKINS, Speaker of the House of Representatives. CHARLES B. PENROSE, Speaker of the Senate. Approved — The fifteenth day of May, eighteen hundred and thirty-nine. DAVID R. PORTER. AN ACT To authorize Thomas Gardner, Benjamin J. Miller, and Isaac Coates, Trustees, to sell and convey certain real estate, and for other pur- poses. vl> vt* *J> +&* +&* v?> vL» ^J% *^ *|» *J» *$• *y* *f» Whereas, the trustees of the Franklin College, in Preamble, the borough and county of Lancaster, did on theFrankun twenty-fourth day of March, one thousand eight hun- £*£ a * s d e c r oun t y dred and forty-one, by the name of "The Trustees of Franklin College in the city and county of Lan- caster," convey by deed to John M'Cord, several tracts of land in Bradford county, which was subse- quently recorded in the office for recording of deeds in Bradford county. And Whereas, the said trus- tees and the said John M'Cord, are desirous that the title of the said John M'Cord may be considered good and valid from the date of said conveyance, notwithstanding the misnomer of the said corpora- tion in the same. Therefore, Section 4. That the title of the said John M'Cord Deed of ^ J John M'Cord to the lands in the said deed described, shall be as madevalid - x6 good and valid to all intents and purposes as if no misnomer of the said corporation had been made in the said deed. And the said deed, and the record, or a certified copy thereof, shall be as good evidence of title as if the said corporation had been called by its right name. * * * * * * * JAMES ROSS SNOWDEN, Speaker of the House of Representatives . JOHN STROHM, Speaker of the Senate . Approved — The twenty-third day of June, one thousand eight hundred and forty- two. DAVID R. PORTER. AN ACT To authorize the sale and conveyance of certain real estate, and for other purposes. Whereas, The trustees of Franklin college, in the borough and comuy of Lancaster, did on the tenth day of February, one thousand eight hundred and forty- three, by the name of the "Trustees of Franklin College, in the city and county of Lan- caster," convey by deed to S. S. Hinman, William Santee, Judson Blackman, Frederick Fisher, Daniel Decker, Holsey Taylor, Abigail Swartout, William Gragg, John Lantz, Peter Hollenbach, Ruel R. Brown, William B. French, and Benjamin Davison, several tracts of land in Bradford county, which were subsequently recorded in the office for record- ing deeds in Bradford county: And Whereas, The said trustees and the said grantees in the above mentioned deeds, are desirous that the title of the said grantees may be considered good and valid from the date of said conveyances, notwithstanding the misnomer of the said corporation in the same : Therefore, Section 4. Be it enacted, That the titles of thegSES said S. S. Hinman, William Santee, Judson Black- man, Frederick Fisher, Daniel Decker, Holsey Tay- lor, Abigail Swartout, William Gragg, John Lantz, Peter Hollenbach, Ruel R. Brown, William B. French, and Benjamin Davison, to the lands in the said deeds described, shall be as good and valid to all intents and purposes as if no misnomer of the said corporation had been made in the said deeds ; and the said deeds and the records or certified copies thereof shall be as good evidence of title, as if the said corporation had been called by its right name. HENDRICK B. WRIGHT, Speaker of the House of Representatives B. CRISPIN, Speaker of the Senate. Approved — The fourth day of April, one thousand eight hundred and forty- three. DAVID R. PORTER. MARSHALL COLLEGE ORIGINAL CHARTER. German Reformed Church erected into a College. AN ACT To incorporate the Marshall College at Mercersburg, and to incorpor- ate the Haddington College in the county of Philadelphia. Section i. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsyl- vania in General Assembly met, and it is hereby enacted by the authority of the same, That the high school of the German Reformed church, located at Mercersburg, in the county of Franklin, be and hereby is erected into a college, for the education of youth in the learned languages, the arts, sciences and useful literature. To be called "Marshall College." Direction. Sec 2. In testimony of respect for the exalted character, great worth, and high mental attainments of the late John Marshall, Chief Justice of the United States, the said college shall hereafter be called and known by the name of the " Marshall College, at Mercersburg." Sec 3. The said college shall be under the man- agement, direction and government of a number of trustees, not exceeding forty-five, or a quorum or a board thereof, as hereinafter mentioned. Names of Trustees. Sec 4. The trustees of said college shall consist of the following persons, to wit: William M'Kins- try, Daniel Shafer, P. W. Little, William Metcalf, (18) 19 Elliot T. Lane, Adam Hoke, George Chambers, Alexander Thompson, Thomas H. Crawford, Henry L. Rice, Barnard Wolff, William Heyser, Frederick Smith, Jacob Snider, Henry Snevely, Jacob Hade, George Besore, David Fullerton of Franklin, George Denig and Peter Schell of Bedford, N. P. Hacke of Westmoreland, David Middlecauf of Adams, Thomas Chambers of Franklin, William Heister and Charles F. Hoffmeyer of Lancaster, David Krause and Isaac Gerhardt of Dauphin, John W. Gloninger of Lebanon, John E. Hoffman, Berks, James Potter, Centre, Theodore L. Hoffiditz and Peter Snyder, Northampton, Samuel Helfenstein, sen., George Wolf, Joseph Ritner, George Troutman, Pennsyl- vania, Gideon Bantz, Henry Schley, John J. Myers, George Decker, Daniel Huyett, William A. Good, David Schnebly, of Maryland, John Jacob Astor and Dietrich Willers, New York, which said trustees and their successors, to be elected as hereinafter mentioned, shall be, and they are hereby erected, established, and declared to be a body politic and corporate, and with all the incidents of a corporation, Incor P° rated - in deed and in law, to all intents and purposes what- soever, by the name, style and title of " The trustees of the Marshall college, at Mercersburg, " by which name and title, the said trustees and their suc- cessors shall be able and capable at law and in equity, to take to themselves and their successors, p r ° peJty. for the use of said college, any estate in any mes- suages, lands, tenements, hereditaments, goods, chattels, monies or other effects, by gift, grant, bargain, sale, conveyance, assurance, will, devise or bequest, of any person or persons whatsoever: General powers. 20 Provided, The same do not exceed in the whole the yearly value of five thousand dollars, and the same messuages, lands, tenements, hereditaments and es- tates, real and personal, to grant, bargain, sell, con- vey, assure, demise, and to farm, let, and place out on interest, or otherwise dispose of or invest for the use of the said college, in such manner as to them, or at least a quorum of them, shall seem most beneficial to the institution; and to receive the rents, issues and profits, income and interest of the same, and to apply the same to the proper use of the said college, and by the same name to sue, commence, prosecute and defend, implead and to be impleaded, in any courts of law or equity, and in all manner of suits or actions whatsoever, and generally, by and in the same name, to do and transact all and every the business touching or concerning the premises, or which shall be incidentally necessary thereto, as fully and effectually as any natural person, or body politic or corporate, have power to manage their own concerns/and to hold, enjoy, and exercise all such powers, authorities and jurisdictions, as are customary in other colleges within this common- wealth, common seal. g EC ^ ^he SSL {d trustees shall cause to be made for their use, one common seal, with such devices and inscriptions thereon as they shall think proper, and by and with which all deeds, diplomas, certifi- cates, and acts of the said corporation, shall pass and be authenticated, and the same seal at their pleasure to break and alter, and devise a new one. Trusted of Sec. & There shall be a meeting of said trustees held once in every year at least, at Mercersburg, at 21 such time as the said trustees or a quorum of them shall appoint, of which meeting due and timely notice shall be given, and if less than a quorum attend at such meeting, those present shall have the power to adjourn to another day, but if twelve or more of the said trustees shall meet at the appointed time, or at any other time of adjournment, then such or more of the trustees, shall be a board or quorum, and a majority of their votes shall be sufficient for transacting all the business and con- cerns of the said college not otherwise provided for Their FOwers - by this act, and particularly of making and enact- ing ordinances for the government of the said col- lege, of electing trustees in the place and stead of those who shall resign or die, of electing and appoint- ing the principal and professors of the said college, of agreeing with them for their salaries and stipends, and removing them for misconduct, breaches of the ordinances of the institution, or other cause which shall be deemed sufficient, of appointing committees of their own body to carry into execution all and every the resolutions of the board, of appointing a president, secretary, treasurer and other officers, whom they may find necessary for managing the corporation, of providing for the punishment of all violations of the rules, regulations, or ordinances of the college, or other misconduct committed by the students or other persons thereat, and generally, at any annual, adjourned, or extra meeting, shall determine all matters and things (although the same are not herein particularly mentioned) which shall occasionally arise, and be incidentally necessary to be determined by said trustees: Provided, That no 22 ordinance or regulation shall be of any force, which is repugnant to the constitution and laws of the United States or of this Commonwealth. Faculty, how composed. Their powers. Degrees. Sec. 7. That the principal and professors of said college, or a majority of them for the time being, shall constitute the faculty of the college, which faculty shall have the power of enforcing the rules and regulations adopted by the trustees for the government of the students, and to grant and con- firm, by the order and direction of a quorum of the board of trustees, such degrees in the liberal arts, sciences, or -such branches thereof, to such students of the college, and others, who by their proficiency in learning, or other distinction, they think shall be entitled to them, as have been usually granted in other colleges or universities, or which the said trustees, or a quorum thereof, shall think right and proper, and to grant to such graduates, diplomas or certificates, under their common seal, to authenticate and perpetuate the memory of such graduation. to be open to Sec. 8. Persons of every religious denomination all religious denominations, shall be capable of being elected trustees, nor shall any person, either as principal, professor, tutor or pupil, be refused admittance into said college, or denied any of the privileges, immunities or advan- tages thereof, for, or on account of his sentiments in matters of religion. Misnomer not to defeat grants, etc. Sec. 9. No misnomer of the said corporation shall defeat or annul any gift, grant devise or bequest, to or from said corporation: Provided, The intent of the parties shall sufficiently appear upon the face of 23 the gift, grant, will, other writing, whereby any estate or interest was intended to pass to or from said corporation. Sec. io. In addition to the customary prof essor- German -i • 1 11 1 1 11 1 • 1 • • Professorship. ships m other colleges, there shall be m this institu- tion a German professorship. Sec ii. The legislature reserves the right to re- Legislative ° ° power to voke, alter or annul the charter hereby granted, at revoke - any time they may think proper. NER MIDDLESWARTH, Speaker of the House of Representatives. THOMAS S. CUNNINGHAM, Speaker of the Senate. Approved — The thirty- first day of March, Anno Domini, one thousand eight hundred and thirty-six. JOS. RITNER. AN ACT Granting aid to Marshall College. Section i. Be it enacted by the Senate and House 0/ Appropriation ' ' of $6000, and Representatives of the Commonwealth of Pennsylvania ,^^ e $ T 3000 in General Assembly met, and it is hereby enacted by the fndMay 8 ilt! authority of the same, That the State Treasurer be, and he is hereby authorized and required to pay to the trustees of Marshall College, in the county of Franklin, the sum of six thousand dollars, and the further sums of three thousand dollars on the first day of May, one thousand eight hundred and thirty eight, and the first day of May one thousand eight Proviso 24 hundred and thirty nine, and to be applied to the support of the institution. b^ s nst d r e u n ct s ed° ^ec. 2 * That the trustees of Marshall College shall gratis. cause annually to be instructed gratis twenty stu- dents, if that number apply, who shall be citizens or sons of citizens of this state, in the elementary branches of an English education, in the manner best calculated to qualify them for teachers in the English language : Provided, That the trustees afore- said shall signify their assent in writing to the condi- tions of this act, directed to the State Treasurer, on or before the first day of May, one thousand eight hundred and thirty- seven. LEWIS DEWART, Speaker of the House of Representatives. THOMAS S. CUNNINGHAM, Speaker of the Senate. Approved — The twenty ninth day of March, Anno Domini, one thousand eight hundred and thirty- seven. JOS. RITNER. FRANKLIN AND MARSHALL COLLEGE. AN ACT To unite and consolidate Marshall College, now at Mercersburg, with Franklin College, now at Lancaster, under the name of "Franklin and Marshall College," as a corporation, to be located in the city of Lancaster, or its immediate vicinity. Whereas, The trustees of Franklin college and Prearnble - the trustees of Marshall college are desirous of unit- ing their institutions, under the name of " Franklin and Marshall college," to be located in the city of Lancaster, or its immediate vicinity, and have agreed upon terms of union as hereinafter expressed, by which it is believed that a more extensive benefit will be conferred upon the citizens of this state, in the promotion of liberal and scientific learning: And Whereas, The legislature of the state, in pursuance of the constitutional injunction, "that the arts and sciences shall be promoted in one or more seminaries of learning, ' ' is willing to co-operate with these corporations in the proposed effort to enlarge their sphere of usefulness, by joining their means and labors under one organization at a place so central, healthy, moral and enlightened, so easy of access from most quarters, so able to assist in advancing the great objects in view, and so liberal in offers of substantial aid; therefore, Section i. Be it enacted by the Senate and House consolidation ■s of Franklin of Representatives of the Commonwealth of Pennsyl-^^ han vania in General Assembly met, and it is hereby enacted by the authority of the same, That Franklin (25) 26 college, which was chartered by the representatives of the freemen of the said commonwealth, sitting at Philadelphia the tenth of March, one thousand seven hundred and eighty-seven, and Marshall col- lege, at Mercersburg, chartered by act of assembly the thirty-first of March, one thousand eight hundred and thirty-six, be and are hereby united and con- solidated into one institution of learning, under the corporate name, style and title of " Franklin and Marshall college;" and thus created, the same be Location. located in the city of Lancaster, or in its immediate vicinity. Trustees. Section 2. The said Franklin and Marshall col- lege so united, consolidated and located, shall be under the direction, management and government of not less than forty-five nor more than sixty trustees, of whom the governor of this state shall, ex-officio, be one, and two-thirds of which number of trustees, at least, shall be members of the German Quorum. Reformed church; and a quorum of whom, com- petent to transact any business, shall consist of fifteen members, at least two-thirds of which quorum shall be members of the German Reformed church; and to that end and purpose, William Heyser, John First Trustees. g^^ Barnard Wolff, George Besore, John Casper Bucher and John W. Nevin, of Franklin county; John Conrad Bucher, George Z. Kunkel, Daniel W. Gross, Rudolph F. Kelker, John F. Mesick and Luther Reiley, of Dauphin county; David Middle- kauff, of Adams county; William A. Good and Samuel Wagner, of York county; David Krause William Schall and John R. Kooken, of Montgomery 27 county; Julius W. Mann, William Mayberry, Charles Bibighaus and John Alberger, of Philadelphia; John W. Gloninger, John W. Killinger and John Krause, of Lebanon county; James Buchanan, John L. Atlee, Samuel Bowman, James L. Reynolds, John Rey- nolds, Emanuel C. Reigert, Henry G. Long, Samuel Humes, Benjamin Champneys, B. Keenan, Christo- pher Hager, Daniel Heitshue, David Longenecker, Christian Gast, John Bausman, William Heister, Philip K. Brenneman, N. A. Keyes, Clement B. Grubb and Joseph Konigmacher, of Lancaster county; Thomas H. Leinbach, Philip Zieber and John P. Hiester, of Berks county; Isaac Meyers, of Schuylkill; J. H. A. Bomberger and J. P. Heetrich, of Northampton county; George C. Welker, of Northumberland county; and William Darlington, of Chester county, Pennsylvania; Jacob Myer, of Virginia, Elias Heiner, John Rodenmayer, Bernard 0. Wolff, David Zellers and George Shaffer, of Mary- land; and the governor of the commonwealth of Pennsylvania, ex-officio, shall be and hereby are created the first trustees. Section 3. The trustees above named and style - created, and their successors to be elected as here- inafter provided, are hereby established and declared to be one body politic and corporate, with perpetual succession in deed and in law, under the said name, style and title of " Franklin and Marshall college;" by which name they and their successors shall be capable in law and equity to take for the use of Privileges * Franklin and Marshall college any estate, in any messuages, lands, tenements and hereditaments, 28 goods, chattels, moneys and other effects, by gift, grant, bargain and sale, conveyance, assurance, devise or bequest, as well of the said Franklin col- lege and the said Marshall college, at Mercersburg, both being hereby authorized and empowered to alien, transfer and convey to said Franklin and Marshall college such property as of all other persons or corporate bodies, and the same to dispose of by sale or otherwise, or to farm, let and put out on interest for the use of said Franklin and Marshall college, in such manner as they or a quorum of their board of trustees shall judge most beneficial to said institution, and receive the proceeds and income thereof for its proper support; to execute all con- tracts for scholarships erected by Marshall college, unless the owner or holder of any scholarship resid- ing in Mercersburg, on which a balance may remain unpaid, shall object to paying the same; and by the same name to sue and be sued, prosecute and de- fend, implead and be impleaded in any court of law or equity, and generally to transact all business con- cerning the premises, or incidentally necessary to ensure full success to said college, and hold, enjoy and exercise all such powers, authorities and jur- isdictions as are customary in other like institutions in this state. i Sec. 4. The said trustees shall cause a common seal to be made for the use of the said corporation and college, with such devices and inscriptions thereon as are suitable for the same in their judg- ment, by which all deeds and other instruments of writing, diplomas, certificates and other acts of said 2 9 corporation and college shall pass and be authenti- cated; and said seal to break, alter and replace at their pleasure. Sec. 5. The first meeting of said trustees shall be^u^ Qf convened in the city of Lancaster on the requisition Trustees - of any seven of their members and notice of ten days to each ; and thereafter their meeting shall be annual at each college commencement, on similar notice to be given by the president or secretary, to transact the Powers - business of said corporation and college; to enact by-laws not repugnant to the constitution and laws of the United States or of this state ; to appoint the principal and professors of said college, and deter- mine their number, duties and compensation; to remove said functionaries for incompetency, mis- conduct or other sufficient cause; to provide, in conference with its faculty, proper rewards for merits, and punishments for violations of its rules, regulations and by-laws on the part of students and subordinate officers; to elect their president, secretary and treasurer, and such other officers and agents as are usual in other colleges; to appoint committees for carrying into execution their reso- lutions, and generally to do all other matters and things which, though not here enumerated, may be necessary to secure the full success and well-being of said institution. Sec. 6. The trustees may adjourn their meetings, F ^ e h r e s r and also may hold special meetings whenever the president and secretary, and on their disagreement or neglect, a majority of the faculty shall require it, for the transaction of any distinct business or order- 30 ing of any distinct matter concerning said college either at Lancaster or other convenient place ; but in such case, notice of the business or matter to be done, as well as the time and place of meeting, shall be given ten days beforehand to each member of the board. Vacancies, how supplied Sec. 7. In the room and instead of trustees who shall die, resign, or otherwise create vacancies, the remaining trustees shall elect others at the next an- nual meeting, or at a special meeting to be called for that purpose in manner aforesaid, and thus per- petual succession in the board of trustees and the corporation shall be kept up and preserved, with the powers, rights, immunities and duties provided for in this charter; and if any member of the board of trustees shall fail to attend three successive annual meetings thereof, his seat may be vacated by said board if by them deemed expedient. Faculty. Powers. Sec. 8. The principal of said college and its pro- fessors, who may from time to time be multiplied to any number, for the purposes of giving instruction in any of the liberal arts and sciences and other use- ful learning, or a majority of them for the time being, shall constitute the faculty of the same, and shall as such have power to enforce the rules and regula- tions adopted by the trustees for its government, and that of its students and subordinate officers, and to grant by order and consent of the board of trustees, or a quorum thereof, such degrees in the said arts and sciences or other useful learning to students of said college and others, who by their 3i proficiency in learning or other distinction shall be adjudged entitled to them, as have been usually granted in other colleges or universities in America or Europe, and to grant to said students entitled thereto, diplomas or certificates to perpetuate the memory of their graduation or other distinction, in all which cases the same shall be authenticated by the common seal of said corporation. Sec q. There shall be in said college one or more German y m ° Professor. German professorships. Sec. io. That whenever the intent in any gift, ^- s> &c grant, devise or bequest to or from said corpora- tion to make the same, shall sufficiently appear, no misnomer shall defeat such intent, nor shall any omission or neglect of the trustees to meet at the time and place appointed for business, affect this charter or work its forfeiture, but in such case an- other meeting may be called by any member of the board giving ten days notice for that purpose. Sec. ii. The charters of the Franklin college and^ t n e ^ f of Marshall college aforesaid, shall be and severally coiiege^nd remain in full force and virtue until they shall sev-coUegJtobe null and void. erally have collected all obligations due them, and have severally conveyed their property real, personal and mixed, subject to the subsequent provisions of this act, as far as relates to the real estate of Marshall college, to Franklin and Marshall college aforesaid, for the use, benefit and behoof of the said Franklin and Marshall college ; and thenceforth the said char- ters of Franklin college and Marshall college shall be null and void. 32 Citizens of Lancaster to furnish $25,000. One-third of the value of the property of Franklin College to be paid over to the Lutheran members of said College, &c. Pennsylvania College. Franklin Professorship. Sec. 12. That before the foregoing sections of this act, or any of them shall go into effect, the sum of twenty-five thousand dollars shall be paid in current funds by the citizens of Lancaster city and county to a joint committee, to be hereafter appointed by Marshall and Franklin colleges, to be expended under the direction of said committee in the purchase of grounds, and the erection of suitable buildings for the use and accommodation of the Franklin and Marshall college, and that three members of the board of Franklin college be appointed to value and appraise the real and personal estate of said Franklin college, one by the Lutheran, one by the German Reformed, and one by the remaining trustees of said college ; and that one-third of the value of said funds and property so ascertained be retained by its board of trustees, until the German Reformed church pay an equal amount into its treasury, or give such legal obligations for its payment as may be deemed satis- factory; and so soon as said sum shall be so paid, it shall be paid over to the Lutheran members of said Franklin college board, who on the receipt thereof, or any portion of it, shall again pay the same to the board of trustees of Pennsylvania college, at Gettys- burg, to be permanently invested by the board last mentioned for the support of a separate professor- ship in said institution, to be styled "The Franklin professorship," of which the first incumbent shall be professor of ancient languages, and be elected by the existing Lutheran members of the Franklin college board, and the right of nominating the subsequent incumbents shall be vested in the old Evangelical Lutheran synod of Pennsylvania, and the interest 33 only of said fund to be used at any time for the sup- port of the incumbent of said professorship. Sec. 13. That so soon as the twenty-five thousand £j*!j» dollars shall be paid as aforesaid, for the purchase of grounds and the erection of buildings for Franklin and Marshall college, and one-third the value of the funds and property of Franklin college shall be paid to the Lutheran members of its board, or otherwise satisfied, and satisfactory evidence thereof be ex- hibited to the governor of this commonwealth, then the said governor shall issue letters patent under the seal of the state, incorporating the said Franklin and Marshall college, which said letters patent shall con- tain the first eleven sections of this act, as the pro- visions of its charter of incorporation, and which thenceforth shall have full force and effect as such charter. Whereas, The Lutheran trustees of the board of Preamble - Franklin college, of whom some are also trustees of Pennsylvania college, desire it; therefore, Sec 14. Be it enacted by the Senate and House of SSSJfof Representatives of the Commonwealth of Pennsylvania annexed to the . x _ . ' 7 • • t 7 77 Trustees of in General Assembly met, and it is hereby enacted by cX s e lvania the authority of the same, That the Lutheran trustees of Franklin college shall be added to the existing trustees of Pennsylvania college aforesaid, who shall together constitute the board of trustees of Penn- sylvania college ; and shall hereafter perpetuate their own number by a new election when any member 34 vacates his seat by death, resignation or non-attend- ance for three successive years ; and that so much of the charter of Pennsylvania college at Gettysburg, as is inconsistent with the twelfth and fifteenth sec- tions of this act, be and the same is hereby repealed. SSS&of Sec 15. That the trustees of Franklin and Mar- taugh^ratis 6 shall college shall cause annually to be instructed gratis, in the full course of studies adopted by the said college, any number of students not exceeding sixteen, who shall be citizens or sons of citizens of this state, eight of whom shall be nominated by the directors of the common schools of the city Lan- caster, and eight by the trustees aforesaid. tt"£2£ c of of Sec. 16. Before any removal of Marshall college c The ratio of members of said board of : "" T ~ trustees, who are members of the German Reformed church, and the number of trustees required to con- stitute a quorum, shall not be changed. Sec. 5. No member of the college faculty shall be a member of the board of trustees ; this section shall not apply to any person delivering lectures to stu- dents on anatomy, or medicine, but only to those regularly engaged in teaching. Sec. 6. That the board of trustees shall have power, and it shall be their duty, to declare vacant the seat of any member who shall fail to attend any of the meetings of the board, for two whole years, without sufficient ^xcuse, to be judged of by the board. Sec. 7. That the board shall have power to fill all vacancies which may occur in their own body, by reason of deat^i, resignation, failure of synod to elect, or otherwise; the person, or persons, so elected by the board, to continue in office during the balance of the term of the person, or persons, in whose stead he, or they, shall have been chosen. Repeal. Sec 8. That so much of the act of assembly to which this is a supplement, as is inconsistent with the provisions of this act, be and the same is hereby repealed. JOHN P. GLASS, Speaker of the House of Representatives . LOUIS W. HALL, Speaker of the Senate . Vacancies, how filled. Approved — The sixteenth day of February, Anno Domini one thousand eight hundred and sixty-seven. JOHN W. GEARY. AMENDMENTS OF 1893. The Court of Common Pleas of Lancaster County, by decree dated the twentieth day of June, 1893, ordered and decreed the follow- ing amendments and alterations of the charter: — First. — Amend Section 3 of the original Act of Incorporation by adding at the end of said section the following clause, to wit: "The ownership of the property of Franklin and Marshall College and man- agement of the institution shall as heretofore vest in said Board of Trustees, and by them to be held in trust for the Eastern Synod, the Pittsburgh Synod, and the Synod of the Potomac, of the Reformed Church in the United States, and be carried forward in the interest of said three Synods." Second. — Amend Section 3 of the Supplement to the original Act of Incorporation by striking out said Section 3 and inserting in lieu thereof a new section as follows: "Section 3. That hereafter the Eastern Synod shall elect twelve, the Pittsburgh Synod three, and the Synod of the Potomac six members of the Board of Trustees, in such man- ner as said Synods may respectively determine and the Board shall choose the remaining nine mem- bers. The terms of service of said Trustees shall begin on the first day of July next succeeding their election, and they shall continue in office for the period of ten years thereafter." LIBRARY OF CONGRESS 029 929 754 8