o ACTS OF ASSEMBLY^ 1 RELATING TO. THE UNIVERSITY OF PENNSYLVANIA, TOGETHER WITH THE REVISED CODE STATUTES AND BY-LAWS. Adopted Noveaiber, 1877. PHILADELPHIA: PRINTED BY J. B. LIPPINCOTT & CO. 1877. I Digitized by the Internet Archive in 2017 with funding from University of Illinois Urbana-Champaign Alternates r https://archive.Org/details/actSOfassemblyreOOpenn_O CHARTER OP THE COLLEGE OF PHILADELPHIA, m PEF^TSYLYA^TIA. CHARTER To Thomas Lawrence and others, to he Trustees of the Academy and Charitable School in the Province of Pennsylvania. — \^th July, 1753. Thomas Penn and Richard Penn, true and absolute proprie- Preamble, tors and governors in chief of the province of Pennsylvania and counties of Newcastle, Kent, and Sussex, on Delaware, To all persons to whom these presents shall come, greeting : Whereas, the well-being of a society depends on the education of their youth, as well as, in great measure, the eternal welfare of every individual, by impressing on their tender minds principles of morality and reli- gion, instructing them in the several duties they owe to the society in which they live, and one towards another, giving them the knowledge of languages, and other parts of useful learning neces- sary thereto, in order to render them serviceable in the several public stations to which they may be called. And whereas, it hath been represented to us by Thomas Lawrence, William Allen, John Inglis, Tench Francis, William Masters, Lloyd Zachary, Samuel M’Call, junior, Joseph Turner, Benjamin Franklin, Thomas Leech, William Shippen, Robert Strettell, Philip Syng, Charles Willing, Phineas Bond, Richard Peters, Abraham Taylor, Thomas Bond, Joshua Maddox, William Plumstead, Thomas White, William 4 Coleman, Isaac Norris, and Thomas Cadwalader, of our city of Pliiladelphia, gentlemen, that for the erecting, establishing, and maintaining an academy within our said city, as well to instruct youth for reward, as poor children whose indigent and helpless circumstances demand the charity of the opulent part of mankind, several benevolent and charitable persons have generously paid, and by subscriptions promised hereafter to pay, into their hands as trustees, for the use of the said academy, divers sums of money, which sums already paid, they, the said trustees, have expended in the purchase of lands well situated, and a building commodious for the uses aforesaid, within our said city in maintaining an academy there as well for the instruction of poor children on charity, as others whose circumstances have enabled them to pay for their learning, for some time past, and in furnishing the said academy with books, maps, mathematical instruments, and other necessaries of general use therein, according to the intentions of the donors. And whereas^ the said trustees to facilitate the progress of so good a work, and to perfect and perpetuate the same, have humbly be- sought us to incorporate them and their successors.* * On the 15tli of September, 1740, Jonathan Price conveyed to Edmond "Wooley, John Coats, John Howell, and William Price a lot of ground con- taining 150 feet on the west side of Fourth, between Market and Mulberry Streets, and in depth 198 feet. A considerable number of persons, of dif- ferent denominations in religion, having united to erect a large building on the lot, intending that the same should be appointed to the use of a charity school for the instruction of poor children in useful literature and of the Christian religion, and also that the same should be used as a house of public worship, and that the use of said building should be under the direc- tion of certain trustees, viz., George Whitfield, William Seward, John S. Bene- zet, Thomas Noble, Samuel Hazard, Robert Eastburn, James Read, Edward Evans, and Charles Brockden; who were “to appoint fit and able school- masters and schoolmistresses for the service of said school, and introduce such Protestant ministers to preach therein as they should judge sound in principles, zealous, and faithful in the discharge of their duty, and acquainted with the religion of the heart, and experimental piety, without any regard to those distinctions of different sentiments in lesser matters, which have, to the scandal of religion, unhappily divided real Christians” — to preserve the said lot and buildings which then were or should thereafter be erected thereon, the said Edmond Wooley, &c., by deed of the 14th November, 1740, to George Whitfield, &c., did declare that they would thenceforth stand seised of said lot, &c., in trust for the said George Whitfield and others, their heirs, &c,. 5 Now know ye, That we favouring such pious, useful, generous, and charitable designs, hoping, through the favour of Almighty God, this academy may prove a nursery of virtue and wisdom, and that it will produce men of dispositions and capacities beneficial to mankind in the various occupations of life; but more particularly suited to the infant state of North America in general, and for and that they would convey the same to such persons and to such uses as the said George Whitfield, &c., should nominate and appoint; and then reciting that a large building had been erected on the premises, and to the end that the same should be applied to the good and pious purposes originally intended, the surviving cestui que uses appointed that the same should be conveyed to James Logan, Thomas Lawrence, William Allen, John Inglis, Tench Francis, William Masters, Lloyd Zachary, Samuel M’Call, jun., Joseph Turner, Benja- min Franklin, Thomas Leech, William Shippen, Robert Strettell, Philip Syng, Charles Willing, Phineas Bond, Richard Peters, Abraham Taylor, Thomas Bond, Thomas Hopkins, William Plurastead, Joshua Maddox, Thomas White, and William Coleman. On the 1st February, 1749, in pursuance of said appointment, Edmond Wooley, and others conveyed the premises to William Lawrence, &c., for the uses and trusts and subject to the agreement following : “That in and upon the said ground, buildings, and premises, shall be placed, erected, founded, established, or kept, by the said James Logan, &c,, a house or place of public worship, and also one free school for the instruct- ing, teaching, and education of poor children ; and that the said James Logan, &c , and the survivors of them, and the assigns of such survivors shall have full power, license, authority, at their will and pleasure, from time to time, and at all times hereafter, to nominate and appoint to be taught and in- structed therein, such number of poor children as shall be suitable to the funds they shall have in their hands for that purpose, and to choose a com- mittee of their number, yearly, to take special care of the said school, and like- wise to nominate and appoint one or more learned, able, and sufficient person or persons as master or masters, usher or ushers, mistress or mistresses, to teach and instruct the said children gratis, in useful literature and the knowledge of the Christian religion ; and likewise, from time to time, to introduce such preacher or preachers, whom they shall judge qualified, to preach and teach the word of God occasionally, in the said place of public worship, but yet, so as that no particular sect be fixed there as a settled con- gregation; and shall at all seasonable times permit and suffer, in his reason- able turn, any regular minister of the gospel to preach in the house or place on the premises which shall be set apart for public worship, who hath signed, or hereafter shall sign, certain articles of religion, annexed to the deed, and whom they shall moreover judge to be otherwise duly qualified as above, and particularly shall permit the free and uninterrupted use of the said place of worship to the Rev. Mr. George Whitfield, whenever he shall happen Trustees in- corporated. ( 6 other causes and considerations us hereto specially moving, have granted, ordained, declared, constituted, and appointed, and by these presents we do, for us, our heirs, and successors grant, ordain, declare, constitute, and appoint. That the said Thomas Lawrence, William Allen, John Inglis, Tench Francis, William 'Masters, Lloyd Zachary, Samuel M’Call, junior, Joseph Turner, Benjamin Franklin, Thomas Leech, William Shippen, Robert Strettell, Phi- lip Syng, Charles Willing, Phineas Bond, Richard Peters, Abra- to be in the city, and desire to preach therein. And further, that the said James Logan, &c., shall and may, from time to time, and at all times here- after, at their will and pleasure, make, set down, and appoint such rules and ordinances for the rule, government, and well ordering of the said place of public worship and school, and of the said master or masters, mistress or mistresses, usher or ushers, and children, for the time being, as to them or a majority of them, the said James Logan, &c., shall seem meet and convenient, so as such rules or ordinance, be consistent with, and shall not contain any matter or thing contradictory to the true intent and design of these presents. And further, that the said James Logan, &c., shall have full power to found, erect, establish, and continue, in and upon the said house and premises, such other school, academy, college, or other seminary of learning, for instruct- ing youth in the languages, arts, and sciences, and generally to improve the premises to such other use or uses for the benefit of mankind and the good of society as to them shall seem meet, so that the same be not inconsistent with the above declared originally intended uses which are bona fide to be always fulfilled and preserved, and never impeded, interrupted, or discon- tinued. And further, that the said James Logan, &c , shall be governors, rulers, directors, and trustees, for the purpose herein contained and men- tioned, until a charter of corporation from the governor of this province of Pennsylvania, for the time being, to the said trustees, or the survivors of them, or their assigns, shall be obtained for the uses and intents herein con- tained. And as often as any ten or more of them, the said James Logan, &c., or their successors, shall happen to die, the survivors of them shall bj-^ good and sufficient conveyance or conveyances, assurance or assurances, in the law, convey and assure all the said ground and buildings thereon erected, or to be built and erected, with the appurtenances in fee simple, to and upon the same uses, trusts, 'intents, and purposes, and subjected to and under the same covenants and agreements herein contained and specified, to twenty- four lawful, true, and honest Christian men, to be named and appointed by the majoi’ity of the survivors of them, the said James Logan, &c., for the uses, trusts, intents, and purposes aforesaid, so that, if possible, there may always forever hereafter be the number of twenty-four such persons in being, to rule, govern, order, and direct, in, about, and concerning the premises, and the good purposes hereby intended.” 7 ham Taylor, Thomas Bond, Joshua Maddox, William Plumstead, Thomas White, William Coleman, Isaac Norris, and Thomas Cad- walader, and such others, as shall be from time to time chosen, nominated, or elected in their place and stead, shall be one com- munity, corporation, and body politic, to have continuance forever, by the name of The Trustees of the Academy and Charitable School in the province of Pennsylvania, and that by the same name, they shall have perpetual succession, and that they and their successors by that name, shall be able and capable in law to purchase, have, take, receive, and enjoy to them and their successors in fee and in perpetuity, or for any other or lesser estate or estates, any manors, lands, tenements, rents, annuities, pensions, or other hereditaments within the said province of Pennsylvania or three lower counties of New Castle, Kent, and Sussex, by the gift, grant, bargain, sale, alienation, enfeoffment, release, confirmation, or devise of any per- son or persons, bodies politic or corporate, capable to make the same. And further, that they may take and receive any sum or sums of money, or any kind, manner, or portion of goods or chat- tels that shall to them be given, granted, or bequeathed by any person or persons, bodies politic or corporate, capable to make a gift, grant, or bequest thereof; and therewith to erect, set up, maintain, and support an academy or any other kind of seminary of learning in any place within the said province of Pennsylvania, where they shall judge the same to be most necessary and conve- nient for the instruction, improvement, and education of youth in any kind of literature, erudition, arts, and sciences, which they shall think fitting and proper to be taught. And we do hereby grant and ordain. That the said trustees and their successors by the name aforesaid, shall be able in law to sue and be sued, plead to sue, &c. and be impleaded in any court or courts, before any judge, judges, or justices within the said province of Pennsylvania, the three lower counties of New Castle, Kent, and Sussex, and elsewhere ; in all and all manner of suits, complaints, pleas, causes, matters, and demands of whatsoever kind, nature, or form they be; and all and every other matters and things therein to do in as full, ample, and effectual a manner, as any other person or persons, bodies politic or corporate within that part of the kingdom of Great Bri- tain called England, or within the said province of Pennsylvania, or three lower counties in the like cases may or can do. And we do hereby give and grant unto the said trustees and their success- 8 To have a oi’s, fall DOwer and authority to make, have, and use a common common i i i seal. seal \vith such stamp and inscription as they shall think proper ; and the same to change, break, alter, and renew at their pleasure. {And further , in order to continue and perpetuate this community removal^ &c^ Corporation, We do grants ordain, and declare, that when any of a trustee, one or more of the present or future trustees of this academy and cated. school, shall remoye his or their habitation or habitations, and shall dwell at the distance of five miles from the seat of the said academy at that time, or shall go and reside out of the province of Pennsylvania, although at a place nearer to the said academy than five miles, or shall happen to die or be otherwise disabled from performing the office and duty of a trustee or trustees, the other trustees shall, as soon after as they conveniently can, proceed to elect and choose one or more fit person or persons, then residing wdthin five miles of the said academy, and within the said province, to fill the place or places of such absenting, deceased, or disabled person or persons.)* And we do also, for us, our heirs, and suc- cessors, give and grant to the said trustees and corporation, and their successors, full power and authority in all time and times coming, to make, ordain, and enact all such rules, ordinances, laws, and statutes, and from time to time to alter and amend the same as they shall judge most convenient, reasonable, and needful for the good government of the said community, the management of the affairs thereof, and the effectual promotion of the good ends hereby intended; provided always. That the said rules, ordinances, laws, and statutes, be not repugnant to the laws and statutes then in force in the kingdom of Great Britain, or to the laws then in force in our said province of Pennsylvania. And lastly, We do, for us and our successors, grant, declare, and ordain. That these our letters patent and charter, and every clause, sentence, and article herein contained shall be in all things firm, valid, sufficient, and effectual in the law unto the said trustees, community, and corporation, and their successors, according to the purport and tenor hereof, without any further grant or toleration from us, our heirs, or successors, to be procured or obtained. In witness whereof, we have caused these our letters to be made patent; icit- 7iess, James Hamilton, Esq., lieutenant governor and commander This part of the section is omitted in the additional charter, 1755, post. 9 in chief, in and over the said province of Pennsylvania, at the city of Philadelphia, the thirteenth day of July, in the twenty-seventh 1753. year of the reign of our sovereign lord, George the Second, who now is king of Great Britain, France, and Ireland, &c., and in the year of our Lord, one thousand seven hundred and fifty-three. JAMES HAMILTON. (L. S.) Recorded I6th July, 1153, in Commission Book, Book A, vol. 2, page 150. ADDITIO^TAL OHAETER. 16th JUNE, 1755. Orig. dated 14May,17o5. Thomas Penn and Richard Penn, true and absolute proprieta- ries of the province of Pennsylvania, and counties of New Castle, Kent, and Sussex, on Delaware, to all persons to whom these presents shall come, greeting: Whereas it was heretofore represented to us, by Thomas Law- Preamble, rence, William Allen, John Inglis, Tench Francis, William Mas- ters, Lloyd Zachary, Samuel M’Call, junior, Joseph Turner, Benjamin Franklin, Thomas Leech, William Shippen, Robert Strettell, Philip Syng, Charles Willing, Phineas Bond, Richard Peters, Abraham Taylor, Thomas Bond, Joshua Maddox, William Plurastead, Thomas White, William Coleman, Isaac Norris, and Thomas Cadwalader, of our city of Philadelphia, gentlemen : That they had, at their own expense, and by the donations of many well disposed persons, set up and maintained an academy within our said city, as well for instructing youth for reward, as poor children on charity, and praying us to incorporate them and their successors, for the more effectual carrying on and establishing the same: — And whereas we, being desirous to encourage such pious, useful. Trustees in- and charitable designs, hoping that the said academy, through blessing of Almighty God, would prove a nursery of wisdom and virtue, and be the means of raising up men, of dispositions and qualifications beneficial to the public, in the various occupations of life, and for other causes and considerations us thereto specially moving, did, for us, our heirs and successors, by our charter, under the great seaP of our said province, grant, ordain, declare, consti- tute and appoint. That the said Thomas Lawrence, William Allen, 10 Confirma- tion of the first charter One article excepted. John Inglis, Tench Francis, William Masters, Lloyd Zachary, Samuel M’Call, junior, Joseph Turner, Benjamin Franklin, Thomas Leech, William Shippen, Robert Strettell, Philip Syng, Charles Willing, Phineas Bond, Richard Peters, Abraham Taylor, Thomas Bond, Joshua Maddox, William Plumstead, Thomas White, Wil- liam Coleman, Isaac Norris, and Thomas Cadwalader, and their successors, duly elected and nominated in their place and stead, should be one corporation and body politic, to have continuance for ever, by the name of The Trustees of the Academy and Chari- table School in the province of Pennsylvania, capable to purchase and hold lands, to receive donations, to sue and be sued, to have and to use a common seal, to make rules and statutes, and to do everything needful for the good government and perfect establish- ment of the said academy, or of any other kind of seminary of learning, which they should think fit to erect, maintain, and sup- port in any place within the said province of Pennsylvania, for the instruction of youth in any kind of literature, arts, and sciences, as by our said charter, enrolled in our recorder’s office for the said province, at the city of Philadelphia aforesaid; may more fully and at large appear. Now know ye, That we do, for us, our heirs and successors, by . these presents, approve of, ratify, and fully confirm to the said trustees and their successors, all and singular the premises, together with all and singular the matters, clauses, sentences, and articles contained in our said letters patent and charter, excepting only one article,* by these our present letters and charter altered and changed. Wherefore, by the advice and consent of the said trustees, know ye, That we do will and ordain, that the present trustees of the said academy, to wit: James Hamilton, William Allen, John Inglis, Tench Francis, William Masters, Lloyd Zachary, Samuel M’Call, junior, Joseph Turner, Benjamin Franklin, Thomas Leech, Wil- liam Shippen, Robert Strettell, Philip Syng, Phineas Bond, Joshua Maddox, William Plumstead, Thomas White, William Coleman, Thomas Cadwalader, Alexander Stedman, and John Mifflin, and such other persons as shall from time to time be nominated or chosen in their place and stead, according to the order and direc- tion of our said recited letters and charter, shall be one community. * Relating to the removal of trustees from the city, &c. See page 8. 11 corporation, and body politic, to have continuance forever, by the name of ^^The Trustees of the College, Academy, and Charitahle^iyiQ. School of Philadelphia, in the Province of Pennsylvania,^'' and that, by the same name, they shall have perpetual succession. And we do hereby, for us, our heirs and successors, grant, ordain, Recital of and declare. That the said trustees and their successors, by thatS^thrchar- name, shall be able and capable in law, to purchase, have, receive. Trustees to take, hold, and enjoy, to them and their successors in fee and per- and^^alke petuity, or for any other lesser estate or estates, any manors, lands, tenements, rents, annuities, pensions, or other hereditaments, within the said province of Pennsylvania, or three lower counties of New Castle, Kent, and Sussex, upon Delaware, by the gift, grant, bar- gain, sale, alienation, enfeoffment, release, confirmation, or devise of any person or persons, bodies politic or corporate, capable to make the same ; and such manors, lands, tenements, rents, annui- ties, pensions, or other hereditaments, or any lesser estates, rights, or interests of or in the same, at their pleasure to grant, alien, And to alien sell and transfer in such manner and form as they shall think meet and convenient ; and further, that they may take and receive any sum or suras of money, and any kind, manner, or portion of goods and chattels that shall be given, sold, or bequeathed to them by any person or persons, bodies politic or corporate, capable to make a gift, sale, or bequest thereof, and therewith to erect, set up, and maintain any other kind of seminary of learning, in any place To maintain within the said province of Pennsylvania, where they shall judge kiud^oftem- the same most necessary and convenient for the instruction, provement, and education of youth, in any kind of literature, arts, and sciences, which they shall think proper to be taught. And we do hereby grant and ordain, That the said trustees and their successors, by the name in this charter mentioned, shall be able in law to sue and be sued, plead and be impleaded in any May sue, &c. court or courts, before any judge, judges, or justices within our said province of Pennsylvania, the three lower counties of New Castle, Kent, and Sussex, on Delaware, and elsewhere, in all and all manner of suits, complaints, pleas, causes, matters, and demands, of whatsoever kind, nature, or form they be; and all and every other matter and thing therein to do, in as full and effectual a manner as any other person or persons, bodies politic or corporate, within that part of Great Britain called England, or within the said province of Pennsylvania, or three lower counties aforesaid, in the like cases may or can do. 12 To have pub- And WB do herelv give and grant unto the said trustees nnd their lie and privy ^ seal. successors, full power and authority to make, have, and use one common public seal, and likewise one privy seal, with such devices and inscription as they shall think proper; and the same, or either of them, to change, break, alter, and renew at their pleasure. Preamble to ^nd whereas the said trustees have, by their petition to Robert a^po'^eJ-s^'^’ H unter Morris, Esq., our Lieutenant Governor and Commander in Chief in and over our said province of Pennsylvania, and coun- ties of New Castle, Kent, and Sussex, on Delaware, represented, That since our granting our said recited charter, the academy therein mentioned, by the blessing of Almighty God, is greatly improved, being now well provided with masters, not only in the learned languages, but also in the liberal arts and sciences, and that one class of hopeful students has now attained to that station in learning and science, by which, in all well constituted semina-, ries, youth are entitled to their first degree, and which the said students are earnestly desirous to be admitted to ; and that it is hoped, from the capacities and diligence of this class, they will hereafter merit admission to the higher degrees in the arts and sciences ; from whence the said trustees reasonably expect a suc- cession of youth in this college and academy, equally meritorious and deserving of such public honors, which are at the same time the strongest incentives to, and the justest rewards of diligence and merit; and therefore prayed an addition to our recited charter, to empower them and their successors to admit deserving students to the usual degrees, and to confer such dignity on the masters in the said seminary, as shall seem meet and necessary for its good government and establishment upon this enlargement of the design, for the benefit both of the present and future times. And we being willing to grant this reasonable request of the said trustees, and to give all proper encouragement to an institution so happily begun, and hitherto so successfully carried on, for the benefit of our said province, as well as the neighbouring provinces and colo- nies in America : - Trustees to Now Icnoiv ye also, That we do hereby, for us, our heirs and provost and succcssoi’s, give aiid grant full power and authority to the said vice provost their successors, from time to time, and at all times forever hereafter, in such manner, and under such limitations as they shall think best and most convenient, to constitute and ap- point a Provost and Yice-Provost of the said college and academy, who shall be severally named and styled Provost and Yice-Provost 13 of the same. And also to nominate and appoint professors for Profeseors. instructing the students of the same seminary, in all the liberal arts and sciences, the ancient languages and the English tongue, who shall be severally styled Professor of such art, science, lan- guage, or tongue, according to each particular nomination and appointment; which Provost, Yice-Provost, and Professors, so Faculty, constituted and appointed, shall be known and distinguished as one body and faculty, by the name of The Provost, Vice-Provost, and Professors of the College and Academy of Philadelphia, in the province of Pennsylvania ; and by that name shall be capable of exercising such powers and authorities as the said trustees and their successors shall think necessary to delegate to them, for the discipline and government of the said college, academy, and cha- ritable school : Provided ahvays, That the said trustees, the Pro- Trustees " and faculty vost, and Yice-Provost, and each Professor, before they shall to take the exercise their several and respective powers or authorities, offices, and duties, do and shall take and subscribe the three first written oaths appointed to be taken and subscribed, in and by one act of Parliament, passed in the first year of the reign of our late sove- reign lord, George the first, intituled. An Act for the further security of his Majesty’s Person and Government ; and the Suc- cession of the Crown in the Heirs of the late Princess Sophia, being protestants, and for extinguishing the hopes of the pretended Prince of Wales, and his open and secret abettors; and shall also make and subscribe the declaration appointed to be made and subscribed by one other act of parliament, passed in the twenty- fifth year of the reign of king Charles the second, intituled. An Act for preventing dangers which may happen from popish recu- sants; excepting only the people called Quakers, who, upon taking, making, and subscribing the affirmations and declarations ap- pointed to be taken, made, and subscribed, by the acts of General Assembly of the province of Pennsylvania, to qualify them for the exercise of civil offices, shall be admitted to the exercise of all and every the powers, authorities, offices, and duties above mentioned, any thing in this provision to the contrary notwithstanding ; all which oaths and affirmations we do hereby authorize and empower the lieutenant governor of our said province, or the mayor or recorder of the city of Philadelphia, aforesaid, or any two justices of the peace, for the time being, to administer. Which said trustees, and their successors, being qualified as 14 r ' First pro hereby directed, we do, hy these presents, for us, our heirs, and successors, establish in their several and respective offices, to have, hold, and enjoy, all and singular the privileges, liberties, advan- tages, powers, and immunities, herein or hereby given and granted, or meant, mentioned, or intended, to be herein or hereby given and granted, unto them and their successors for ever. And we do hereby, at the desire and request of the said trustees, vost and ^ ^ Tice-proTost. Constitute and appoint the Reverend William Smith, M.A., to be the first and present provost of the said college and academy, and the Reverend Francis Allison, M. A,, to be the first and present vice-provost of the same, who shall also retain the name and style of Rector of the Academy; which offices the said persons shall have and hold only during the pleasure of the said trustees. Meetings And we do further, for us, our heirs, and successors, authorize and quo- rums of the the said trustees and their successors, to meet on such day or days, trustees. , i i, , , • i i , as they shall by their laws and statutes appoint, to examine the candidates for admission to degrees in the said college and academy, and also to transact, determine, and settle all the business and affairs of the same. And we do will and ordain, that at all those meetings, such a number of members so met and convened, as shall by the laws and statutes be authorized to transact any particular affairs or business, and the majority of them shall have full power to transact, determine, and settle such affairs and business, in as ample and effectual a manner as if all the said trustees were pre- sent; excepting always the nominating, constituting, and discharg- ing the provost, vice-provost, and professors, or any of them ; in all and every of which acts, there shall be thirteen at least of the members of the said corporation present and consenting. To make And we do further, for us, our heirs, and successors, authorize empower and empower the said trustees, and their successors, met from time to time as aforesaid, to make laws and statutes to regulate, ascer- tain, and settle the precedence, powers, and duties of the said pro- vost, vice-provost (or rector), and professors, in the execution of the laws made, or to be made, for the education of the youth, and wholesome government of the said college, academy, and charitable To delegate scliool ; aiid also by these laws and statutes, in such manner and ty a^power^' fomi as they shall think convenient, to empower the provost, vice- tei^orary provost, and professors, for the time being, to make and execute ordinances, for preserving good order, obedience, and government, as well among the students and scholars, as the several tutors, the faculty to execute them. 15 officers, and ministers, belonging to the said college, academy, and charitable school ; and further, by the said laws and statutes, to enact all other matters and things, in and concerning the premises, which may by the said trustees and their successors be thought conducive to the well-being, advancement, and perpetuating the said college, academy, and corporation ; 'provided al'wa'ys, that the said laws be not repugnant to the laws and statutes then in force in the kingdom of Great Britain, nor to the laws and statutes then in force in our said province of Pennsylvania. And we do further, for us, our heirs and successors, give and grant to the trustees of the said college and academ'g. That for ani- mating and encouraging the students thereof to a laudable dili- gence, industry, and progress in useful literature and science, they and their successors, met together on such day or days as they shall appoint for that purpose, shall have full power and authority, by the provost, and in his absence by the vice-provost, and in the absence of both the provost and vice-provost, by the senior pro- fessor, or any other fit person by them authorized and appointed, to admit any the students within the said college and academy, or any other person or persons meriting the same, to any degree or Degrees degrees, in any of the faculties, arts, and sciences, to which per- sons are usually admitted, in any or either of the universities or colleges in the kingdom of Great Britain. y, And we do ordaiw^ That the provost, vice-provost, or other person appointed as afore- said, shall make, and with his name, sign diplomas or certificates of the admission to such degree or. degrees, which shall be sealed with the public seal of the said corporation, and delivered to the/ graduates as honourable and perpetual testimonials thereof ; pro- vided always, and it is hereby declared to be our true meaning and express will. That no student or students, within the said college 1 and academy, shall ever, or at any time or times hereafter, be ad- j mitted to any such degree or degrees, until such student or students j have been first recommended and presented as worthy of the same, j by a written mandate, given under the hands of at least thirteen Mandamus of the trustees of the said college and academy, and sealed with to be signed the privy seal belonging to the said corporation, after a public examination of such student or students in their presence, and in the presence of any other persons choosing to attend the same, to be had in the hall of the said college and academy, at least one whole month before the admission to such degree or degrees j ' ■x/ 'provided further, That no person or persons, excepting the stu- dents belonging to the said seminary, shall ever, at any time or times, be admitted to any such degree or degrees, unless with the For others, express mandate of at least two-thirds of the whole number of by two- thirds. trustees, first to be obtained under their hands and the privy seal aforesaid, to the provost, vice-provost, and professors of the said college and academy directed. And lastly, we do, for us and our successors, grant, declare, and ordain. That these our letters patent and charter, and every clause, sentence and article herein contained, shall be in all things firm, valid, sufficient, and effectual in the law, unto the said trustees, community, and corporation, and their successors, according to the purport and tenor hereof, without any further grant or toleration from us, our heirs and successors, to be procured or obtained ; pro- vided always. That the clear yearly value of the messuages, houses, manors, lands, tenements, rents, annuities, or other hereditaments Estate not to and real estate of the said corporation, do not exceed the sum of per annum. five thousand pounds sterling. In testimony whereof, we have caused these our letters to be made patent, and the great seal of our said province to be hereunto affixed. Witness, Robert Hun- ter Morris, Esq., our lieutenant governor and commander in chief, in and over our said province of Pennsylvania, and counties of New Castle, Kent, and Sussex, on Delaware; this fourteenth day of May, in the twenty-eighth year of the reign of our sovereign lord, George the second, king of Great Britain, France, and Ireland, &c., and in the year of our Lord, one thousand seven hundred and fifty-five. ROBERT HUNTER MORRIS. Recorded 16th June, 1155, Book A, vol. 2, page 193. AN ACT Vol. I. To confirm the estates and interests of the college, academy, and p. 474 . ’’ charitable school of the city of Philadelphia, and to amend and alter the charters thereof, conformably to the revolution and to the constitution and government of this commonwealth, and to erect the same into a university. — 27^^ November, 1779. Preamble. Sect. 1. Whereas, the education of youth has ever been found to be of the most essential consequence, as well to the good govern- ment of states and the peace and welfare of society, as to the profit 17 and ornament of individuals, insomuch that from the experience of all ages, it appears that seminaries of learning, when properly conducted, have been public blessings to mankind, and that on the contrary, when in the hands of dangerous and disaffected men, they have troubled the peace of society, shaken the government, and often caused tumult, sedition, and bloodshed. Sect. 2. A^id whereas the college, academy, and charitable school of the city of Philadelphia, were at first founded on a plan of free and unlimited Catholicism; but it appears that the trustees thereof, by a vote or by-law of their board, bearing date the four- teenth day of June, in the year of our Lord one thousand seven hundred and sixty-four,* have departed from the plan of the origi- nal founders, and narrowed the foundation of the said institution. * On the minutes of the 14th June, 1764, a letter from the archbishop of Canterbury, Thomas and Richard Penn, and Samuel Chandler, addressed to the trustees, is inserted, in which they are congratulated on the success of Dr, Smith’s, the provost’s collection, in England, and advised of what would be further necessary to the due improvement of the collection and the future prosperity of the institution. “ That the institution was originally founded “and carried on for the general benefit of a mixed body of people — that on “the king’s brief it is represented as-a seminary that would be of great use “for securing capable instructors and teachers, as well for the service of the “society for propagating the gospel in foreign parts, as for other protestant “ denominations in the colonies.” — That at the time of making the collection, “the provost was a clergyman of the church of England — the vice-provost, “a presbyterian — a principal professor, a baptist, with other useful profes- “ sors and tutors, all carrying on the education of youth with great harmony, “and people of various denominations have heretofore contributed liberally “and fully,” — That jealousies had arisen lest the foundation should be nar- rowed, and some party exclude the rest, or put them on a worse footing than they have been or were at the time of the collection, which would be unjust and productive of contentions unfinendly to religion. It was therefore recom- mended to the trustees, by the writers of the letter (who had a principal share in procuring the collection), to make a fundamental rule or declaration, to prevent inconvenience of this kind ; and in doing which, they were advised that the more closely they kept in view the plan on which the seminary was at the time of the royal brief, and on which it was carried on from the begin- ning, so much the less cause would any party have to be dissatisfied. A committee having been appointed to frame a fundamental Resolve or de- claration, in consequence of the letter, the following was reported and adopted : “The trustees being ever desirous to promote the peace and prosperity of this seminary, and to give satisfaction to all its Avorthy benefactors, have taken the above letter into their serious consideration, and perfectly approv- 2 18 Former Sect. 3. Be it therefore enacted^ &c., That the charter of the charter de- . i i i i • • n -r* dared void. Said Seminary, granted by the late proprietaries of Pennsylvania, bearing date the thirteenth day of July, in the year of our Lord one thousand seven hundred and fifty-three, whereby certain per- sons were incorporated by the name, style, and title of The Trustees of the Academy and Charitable School in the province of Penn- sylvania, and the additional charter, granted by the same proprie- taries, bearing date on the fourteenth day of May, in the year of our Lord one thousand seven hundred and fifty-five, by which the trustees of the same academy and charitable school were again incorporated, by the name, style, and title of The Trustees of the College, Academy, and Charitable School of the city of Philadel- phia, in the province of Pennsylvania, together with all and sin- gular the rights, powers, privileges, emoluments, and advantages, and also all the estates, claims, and demands to the same corpora- tion belonging, discharged from the afore recited vote or by-law of the said trustees, confining and narrowing the true and original plan of the said institution, which vote or by-law, and all others, contrary to the true design and spirit of the said charter, are hereby declared to be void, be and they are in and by this act, ratified and confirmed to, and for the use and benefit of the same seminary for ever. Sect. 4. And to the end that the trustees hereinafter named and appointed may be the better enabled to effectuate the pious and ing the sentiments therein contained, do order the same to be inserted in their books, that it may remain perpetually declaratory of the present wide and excellent plan of this institution, which hath not only met with the approbation of the great and worthy personages above mentioned, but even the royal patronage of his majesty himself. They further declare that they will keep this plan closely in their view, and use their utmost endeavors that the same he not narrowed^ nor the members of the church of England, or those dissenting from them {in any future election to the ^principal offices men- tioned in the aforesaid letter), be put on any worse footing in this seminary, than they were at the time of obtaining the royal brief. They subscribe this with their names, and ordain that the same be read and subscribed by every new trustee that shall hereafter be elected, before he takes his seat at the board.” Which appears to have been done from the year 1764, until the union of the college with the university, which took place in the year 1791. [It is difficult to perceive in what respect this resolution narrowed the founda- tion of the institution.] 19 praiseworthy designs of the founders, benefactors, and contributors of the said college, academy, and charitable school of Philadelphia. Sect. 5. Be it further enacted, That it shall and may be lawful Executive , T council to re- fer the supreme executive council of this state to reserve such and serve confis- so many of the confiscated estates, yet unsold and unappropriated, not sold. as to them shall appear necessary, in order to create a certain fund for the maintenance of the provost, vice-provost, masters, and assistants, and to uphold and preserve the charitable school of the said university. Sect. 6. Provided always, That the yearly income of such incomo not ^ . . to exceed estates, so reserved and appropriated to the use of the said uni-i5ooz. versity, do not exceed the sum of fifteen hundred pounds, com- puting wheat at the rate of ten shillings per bushel. i Sect. t. And 'provided also, That such reservation be from time Legislature to time laid before the general assembly of this state, for their approbation and confirmation. Sect. 8. Provided always, and he it enacted. That the ratifying proviso, and confirming the said charter, or any thing herein contained, shall not extend or be construed to extend to the confirmation or establishing any of the said trustees, in the said charter named, or deriving by any election, or pretended election, or appointment by^ from, or under them, or any of them, nor to any provost, vice- provost, professor, or other minister or officer of the said seminary, other than such as are hereby, or may hereafter be appointed (the said board and the faculty being hereby dissolved and vacated), nor shall the same extend to such parts of the charter, as in and by this act are or may be abrogated, annulled, altered, or supplied. — Sect. 9. And he it further enacted, That from and after the Trustees passing of this act, the superintendence and trust, together with all and singular the powers, authorities, and estates, real, personal, and mixed, of the said college, academy, and charitable school, shall pass to, devolve upon, and be vested in the president of the supreme executive council of this commonwealth, the vice-president of the same council, the speaker of the general assembly, the chief justice of the supreme court of judicature, the judge of admiralty, i and the attorney-general for the time being, in virtue of their | several offices, and the senior minister in standing of the episcopal churches and congregations, and the senior minister in standing of the presbyterian churches, and the senior minister in standing of the baptist churches, and the senior minister in standing of the Lutheran churches, and the senior minister in standing in the 20 German calvinist churches, and the senior minister in standing in the Roman churches, whose churches or houses of public wor- ship are or shall be in the city of Philadelphia, or within two miles of the old court house in High Street, in the said city, together with the honourable Benjamin Franklin, doctor of laws, minister plenipotentiary from the United States of America to his most Christian majesty ; the honourable William Shippen, Frederick Muhlenberg, and James Searle, esquires, delegates in the congress of the said United States for Pennsylvania; the honourable William Augustus Atlee, esquire, and the honourable John Evans, esquire, justices of the supreme court of judicature ; Timothy Matlack, esquire, secretary of the supreme executive council of this state ; David Rittenhouse, esquire, treasurer of this state : Jonathan Bay- ard Smith, esquire; Samuel Morris, senior, esquire; George Bry- an, esquire; Thomas Bond, doctor of physic; and James Hutchin- son, doctor of physic; which said civil ofiBcers, ministers of the gospel, and others herein mentioned and appointed, for and during their continuance in the said office and stations respectively, their abode in this state, and lawful capacity to act, and their successors for ever hereafter, shall be, remain, and continue the trustees afore- coiiege said, by the name, style, and title of The Trustees of the Uni- TiSttrsity. VERSiTY OF THE State OF PENNSYLVANIA, and shall from henceforth have, hold, use, exercise, and enjoy all the powers, authorities, and advantages of the estates, rights, claims, and demands of the trus- tees appointed by, or in pursuance of the charters of the said cor- poration, or either of them, instead of the said trustees appointed by, or deriving under the said charter, or pretending so to do, in trust, nevertheless, for the proper use of the said university for ever. Proviso." Sect. 10. Provided always, That if any trustee of the said uni- versity shall take any charge or office under the said trustees, other than that of treasurer, his place shall thereby be vacated, and in the case of a minister of the gospel taking such charge or office, or neglecting to qualify according to the directions of this act, within one month after personal notice given of his coming to such trust, the next minister in seniority, of the same denomination, shall succeed him, such seniority to be accounted from the time of settlement of such person as minister of a congregation in or near the said city. Choice of Sect. 11. Provided, also. That in case the choice of a new trus- ap^provedby tcc, in tlic Tooiu aiid stcad of any of the persons last named, or legislature. 21 their successors, shall be disallowed by the house of assembly within six months, the trustees shall be obliged to make choice of some other person. Sect. 12 . And he it further enacted, That instead of the oath or affirmation and declaration which were enjoined and required to be taken and made, by the second or additional charter, herein before referred to, of the said corporation, by the trustees, pro- vost, vice-provost, and professors of the said college, academy, and charitable school, which oath or affirmation and declaration, being totally inconsistent with the independence and constitution of this commonwealth, are hereby abrogated and repealed, the said trustees herein before appointed, and their successors, and the provost, vice-provost, and professors, and every of them, here- after to be appointed in such manner and form as herein is directed and required, before he or they enter upon the duties of their trust or office, shall before two justices of the peace of the city of Phil- adelphia, or of some county of this state, take and subscribe the oath or affirmation prescribed by the fortieth section of the con- New one * appointed. stitution of this commonwealth, to be taken by the officers of this state; and also the oath or affirmation of allegiance, directed to be taken by the same officers, in and by the seventh and eighth sections of an act of assembly, made and passed the fifth day of December, in the year of our Lord one thousand seven hundred and seventy-eight, intituled, further supplement to the act, inti- tuled, “An Act for the further security of the government,” and shall also take an oath or affirmation for the faithful discharge of their trust of office aforesaid. Sect. 13 . And be it further enacted That all and every the Formerpow- 1 .1.11 1 make clause and clauses in the said charters, wherein and whereby the i-uies, de- trnstees of the said college, academy, and charitable schools are directed and enjoined to make their rules,'ordinances, and statutes, not repugnant to the laws in force in the kingdom of Great Bri- tain, nor to the laws in force in the province of Pennsylvania, be, and they are hereby annulled, repealed, and made void; and the trustees herein and hereby appointed, are required and enjoined to review the rules, ordinances, and statutes heretofore made by the former trustees of the said seminary, which, so far as they are re- pugnant to the constitution and laws of this state, are hereby repealed, and to frame the same, if necessary, and all rules, ordi- nances, and statutes hereafter to be made, consistent with the con- stitution and laws of this commonwealth. 22 Matters to be determined by a major- ity of seven, except, &c. Former lim- itation de- clared void. Power to sue, &c. Penalty on former trus- tees, &c., ne- glecting or refusing to deliver up books, re- cords, &c. Sect. 14. And he it further enacted, That the business of the said corporation shall and may be transacted, performed, and de- termined by a major vote of a meeting of seven, at least, of the trustees appointed by this act, and their successors duly notified and called, other than the choice of new trustees, the nominating and constituting, or the dismissing of the future provost, vice-pro- vost, or professors, or any of them; or the alienation or leasing of real estates, for more than seven years, or any extraordinary and new expenditure of the income, or other -personal estate of the said corporation, or the altering any salary, or the granting de- grees to the scholars of the said university, or to other persons, or to the making any ordinance, statute, or by-law; which several enumerated acts and doings may be transacted and performed by a majority of at least eleven of the said trustees, duly notified and convened as aforesaid, and not otherwise. Sect. 15. And be it further enacted, That the clause in the first charter of the said corporation, whereby the trustees thereof were limited to be inhabitants of Pennsylvania, residing within five miles of the academy and school aforesaid, although license was given in the said charter, to set up the same at any place within the said province, which the said trustees should judge to be most conve- nient, so far as the same clause limits the appointment of trustees to persons residing within five miles of the said academy and school, be, and the same is hereby annulled, repealed, and made void. Sect. 16. And he it further enacted. That the trustees herein before appointed, and their successors, shall and may ask, demand, sue for, recover, and receive all evidences, mortgages, specialties, deeds, and instruments, and all papers, books of account and re- cord, and the library, philosophical apparatus, and seals of the said corporation; and all debts, dues, and demands to the same owing, belonging, accruing, or appertaining. And in case any person or persons having the custody of the said library, apparatus, mortgages, specialties, deeds or instruments, or other papers, books of records of the said corporation, or having possession of the real estate of the said corporation, or any part thereof, shall refuse to deliver up the same when demanded, it shall and may be lawful for the trustees of the said college* to summon any person so refusing before any two justices of the peace of the city or the county where * The word college inserted by mistake, instead of university, which was corrected by the act of 16th March, 1780, vol. 1 Smith’s Laws, p. 502. 23 the said real estate lies, or the detainer of any of the records or other articles aforesaid resides, who are hereby authorized and empowered to inquire into the said complaint, in a summary way, and give judgment therein as to them shall seem meet according to the merits and justice of the case; and if such judgment be given against the detainer of any of the said deeds, specialties, mortgages, or other articles before enumerated, and if such detainer shall still refuse to deliver the same, it shall and may be lawful for the said justices, and they are hereby required to commit such refuser to prison, there to remain without bail or mainprise, until the said judgment be complied with. And in the case of real estate, the said justices shall carry such judgment into execution, by issuing a writ of possession to the sheriff of the county, in the same manner as they are authorized to do by an act of assembly, intituled, Act for the sale of goods distrained for rent, and. to secure such goods to the -person distraining the same, for the better security of rents, and for other purposes therein mentioned, in case of tenants holding over their terms: Prorided always. That if either of the said parties shall demand a jury to be summoned, to try the said matter in dispute, the said justices shall cause a jury forthwith to come before them thereupon, in the same manner as juries are had in the case of tenants holding over their terms as aforesaid ; and the said justices shall give judgment pursuant to the verdict of such jury, and proceed to the execution thereof, as is herein and hereby directed. Sect. 17. And be it further enacted. That the civil officers, min- st^e. isters of the gospel, and other persons by this act constituted and appointed trustees of the said university, and their successors duly chosen, nominated, be one community, body politic and corporate, to have perpetual succession and continuance forever, by the name, style and title as aforesaid, and that by the said name they shall be capable and able in law to sue and be sued, have and make a com- power to mon seal, and the same at their pleasure to break and alter, to m^on^seai!™ make rules and statutes, and to do every thing necessary and need- ful for the good government and perfect establishment of the said university; and the provost, vice-provost, and professors hereafter to be appointed and constituted by the trustees aforesaid, shall be named, styled, and intitled, the Provost, Yice-Provost, and Pro- fessors of the same University; and the name, style, and title of the body or faculty composed of the said Provost, Yice-Provost, 24 and Professors shall be The Provost, Yice-Provost, and Professors _of the University of the State of Pennsylvania. Shall submit accounts, &c., to the inspection of the assem- bly. Sect. 18. And he it further enacted, That the said trustees shall at all times, when required, submit the books, accounts, and econ- omy of the said corporation to the free examination of visitors, to be appointed from time to time by the representatives of the freemen of this commonwealth, in general assembly met. Sect. 19. And he it further enacted, That the trustees appointed by this act, or a majority of them, shall meet in the hall of the university aforesaid, in the forenoon on the first Wednesday in December next, and after being duly qualified as this act pre- scribes, proceed to the execution of their trust. AN ACT 2dvoi.Laws, To coniirm to the Trustees of the University of the State of Penn- S III ^ t/t/ *y tion, p. 352. sylvania, divers estates therein enumerated, for the' support of the said Seminary ; and for enabling the Board of Trustees of the said University to choose a new Trustee in the stead of any of their numher {not being a trustee in right of offce or station) who shall he absent from the meetings of the said corporation during the space of six months. — 22c? September, IT 85. Preamble. Sect. 1. Whereas by an act of general assembly of this com- monwealth, intituled, “An Act to confirm the estates and interests of the college, academy, and charitable school of the city of Phila- delphia, and to amend and alter the charters thereof, conformably to the revolution, and to the constitution and government of this commonwealth, and to erect the same into a university,’^ which was enacted on the twenty-seventh day of November, in the year of our Lord one thousand seven hundred and seventy-nine, it was for the better enabling the trustees therein named, and thereby appoint- ed, and their successors, to effectuate the pious and praiseworthy designs of the founders, benefactors, and contributors of the said seminary of learning. That it should be lawful for the supreme executive council of this state, to reserve such and so many of the confiscated estates which were then unsold and unappropriated, as to them should seem necessary, in order to create a certain fund for the maintenance of the provost, vice-provost, masters and as- 25 sistants of the same university, and to uphold and preserve the charitable school thereof ; Provided, That the yearly income of such estates, so reserved and appropriated to the use of the said university, should not exceed the yearly sum of fifteen hundred pounds, computing wheat at the rate of ten shillings per bushel. And 'provided also, That such reservation be from time to time laid before the general assembly of this state, for their approbation and confirmation. Sect. 2. And 'whereas, since the passing of the same act, the confiscated real estates hereinafter mentioned and described, have been severally reserved and appropriated by the supreme execu- tive council, in pursuance thereof, for the purposes aforesaid, and the same estates have been delivered to the said trustees accord- ingly. [Here follows a list of the confiscated estates.] Sect. 3. And whereas, the real estates herein before described, Pieambie. which have been reserved, set apart, and appropriated by the supreme executive council for the purposes aforesaid, at the seve- ral valuations thereof, respectively made, by the supreme executive council, and the said real estates purchased as aforesaid, at the prices at which they were severally sold, do not, when considered and taken together, amount to more than the yearly value of one Reciting thousand three hundred and eighty-one pounds five shillings and tafeVdo^ n^t seven pence half-penny, computing wheat at the rate of ten shil- than lings per bushel, and it is proper that the same estates and inte- 7^^'’ rests herein before enumerated and described, and every of them, should be confirmed to the said trustees, their successors, and assigns, for the uses in the act afore recited, set forth, and declared. Sect. 4. Be it therefore enacted, &c.. That the several confis- Estates con- , , , TIT. firmed to'the cated estates, lands, tenements and hereditaments and rent charges trustees of herein before enumerated and described, with their and every their rights, members, and appurtenances, are hereby fully and absolutely vested in and confirmed unto the trustees of the univer- sity of the state of Pennsylvania, their successors and assigns for ever, and for no other use, intent or purpose whatsoever ; saving and always reserving to all and every person and persons, bodies politic and corporate, his, her, and their heirs and successors (other than the persons attainted or forfeiting the same, and all persons and every person having or claiming any thing in the 26 Preamble. Absence for six months from meet- ings, to va- cate seat. Professor- ship for teaching the learned lan- guages through the German es- tablished. premises, under or to the use of any such forfeiting person, his, her, or their heirs, executors or administrators), all such estates, rights, titles, and interest of, in, to and out of the premises, or any of them, as they or any of them had before the passing of this act, or could or might have had or enjoyed in case this act had not been made. Sect. 5. And whereas, in and by the act aforesaid, certain officers of the commonwealth, and divers ministers of the gospel, in respect of their offices and stations, together with sundry other persons therein named, and the successors of such other persons to be elected and appointed in their room and stead respectively, were constituted trustees of the same university ; and although it was provided, in case any of the same persons should remove out of this State, that the office of such trustee should be thereby vacated : yet if any of the same persons shall willingly absent himself from the meeting of the said trustees for the space of one year, no remedy is given, and the business of the seminary may be thereby obstructed, and it is reasonable and proper that such absence should be considered and deemed to be a vacating of the seat of such person at the board of trustees. Sect. 6. Be it therefore enacted, That if any of the trustees of the university of the State of Pennsylvania (not being a trustee in right of office or station) shall willingly be absent from the meetings of the Board of the said trustees, for and during the space of six months, the seat of such absenting trustees shall be deemed to be vacant, and the residue of the said trustees, or such of them as shall regularly be met, not being fewer than eleven, shall and may proceed to elect a successor to such absenting trustee, as they would in case he had formally resigned his seat at the Board of the said trustees of the said university. Sect. 7. And whereas, The trustees of the University of Penn- sylvania have established a professorship in the same seminary, for teaching the learned languages through the medium of the German tongue, with one or more assistant teachers, as may be requisite : Sect. 8. Be it therefore enacted, That the same professorship and the assistant or assistants aforesaid, shall be continued in the said university to teach the learned languages through the medium of the German tongue, as a part of the system of education car- ried on therein. 27 AN ACT To repeal part of an act, entitled “An Act to confirm the 22 d Septem- and interests of the College, Academy, and Charitahle School of the city of Philadelphia, and to amend and alter the Charters thereof conformably to the revolution and to the constitution and government of this Commonwealth, and to erect the same into a University P — ^th March, 1789. Sect. 1. Whereas, by the constitution of this commonwealth, Preamble, it is declared and provided, "That all religious societies or bodies of men, heretofore united or incorporated for the advancement of religion or learning, or for other pious and charitable purposes, shall be encouraged and protected, in the enjoyment of the privi- leges, immunities, and estates which they were accustomed to en- joy, or could of right have enjoyed, under the laws and former constitution of this State.” A7id whereas, by two charters of incorporation, granted by the late proprietaries of Pennsylvania, there existed within this com- monwealth, on the twenty-seventh day of November, in the year of our Lord one thousand seven hundred and seventy-nine, an ancient corporation and body politic, by the name, style, and title of “The Trustees of the College, Academy, a^id Charitable School of Philadelphia^ in the province of Pennsylvania,^’’ which corpora- tion, at the time of passing the act hereinafter mentioned, was seised, possessed of, and entitled unto many rights and franchises, and divers estates, real, personal, and mixed, and by the constitu- tion and laws of this State, was entitled to the public protection and encouragement, in the enjoyment and free use and exercise thereof, in conformity to the original design, will, and intention of the founders, donors, and benefactors of the said seminary of learning, in the same manner as it could of right have held, occu- pied, and enjoyed the same, under the former laws and constitu- tion of this State. And whereas, by the said hereinafter mentioned act, which was Preamble, passed on the said twenty-seventh day of November, in the year of our Lord one thousand seven hundred and seventy-nine, the said trustees and corporation, and also the provost, vice-provost, professors, and all other masters, teachers, ministers, and officers of the said college, academy, and charitable school, were without 28 trial hy jury, legal process, or proof of misuser or forfeiture, de- prived of their said charters, franchises, and estates, and the said Board of Trustees and faculty were declared to be ‘‘ dissolved and vacated, and the superintendence and trust, together with all and singular the powers, authorities, and estates, real, personal, and mixed, of the said college, academy, and charitable school, were by the said act, declared to pass to, devolve upon, and be vested in a new corporation or body politic, thereby created and established, by the name, style, and title’ of ^The Trustees of the University of the State of Pennsylvania,'^ to have, hold, use, exer- cise, and enjoy all the powers, authorities, and advantages of the estates, rights, claims, and demands of the trustees heretofore appointed by or in pursuance of the charters of the said (ancient) corporation, or either of them all which is repugnant to justice, a violation of the constitution of this commonwealth, and danger- ous in its precedent to all incorporated bodies, and to the rights and franchises thereof. Repeal of Sect. 2. Beit therefore enacted. That so much and all such 1779. parts of an act of general assembly of this commonwealth, passed on the said twenty-seventh day of November, in the year of our Lord one thousand seven hundred and seventy-nine, entitled “An Act to confirm the estates and interests of the college, academy, and charitable school of the city of Philadelphia, and to amend and alter the charters thereof, conformably to the revolution, and to the constitution and government of this commonwealth, and to erect the same into a university,” as touch, or in any wise concern or relate to the said ancient corporation, which was styled and known by the said name and title of “ The Trustees of the Col- lege, Academy, and Charitable School of Philadelphia, in the province of Pennsylvania,” or the said charters thereof, or either of them, or as touch or in any wise concern or relate to the for- mer rights, franchises, immunities, or estates, real, personal, or mixed thereof, or as tend to disqualify or disable the said trustees to act as a body politic, under the charters aforesaid, or to dis- qualify, deprive, or disable the body and faculty of the college and academy, known and distinguished in the charter, dated the four- teenth day of May, one thousand seven hundred and fifty-five, by the name, style, and title of Provost, Vice-Provost, and Pro- fessors of the College and Academy of Philadelphia, in the province of Pennsylvania f or any of them, from carrying on the design 29 and purpose of the said college, academy, and charitable school, or to disfranchise or deprive them, or any of them, of any privi- leges, immunities, or estates whatsoever, or of any part or parcel thereof, or as vests the same or purports and intends to vest the 27, 1779, re- . pealed. same, or any part or parts thereof, in Trustees of the Uni- versity of the State of Pennsylvania f shall be, and the same and every such part and parts thereof, is and hereby are repealed and made null and void, to all intents and purposes whatsoever. Sect. 3. And he it further enacted, That the trustees of the college, academy, and charitable school aforesaid, who were de- prived and disabled, or intended so to be, by, and in pursuance of the said act, and the survivors of them and their successors, by the name, style, and title of “The Trustees of the College, Academy, and Charitable School of Philadelphia, in the commonwealth of Pennsylvania,” and the provost, vice-provost, and professors, who as a faculty, were deprived and disabled, or intended so to be, by, and in pursuance of the said act, and the survivors of them and their successors, by the name and style of “The Provost, Yice- Trustees re- Provost, and Professors of the College and Academy of Phila- ^ delphia, in the commonwealth of Pennsylvania,” shall be reinstated and restored, and they and each of them are hereby reinstated and restored to all and singular the rights, franchises, emoluments, offices, trusts, and estates, real, personal, and mixed, which they and each of them held and enjoyed, or ought or could of right have had, held, and enjoyed, or were entitled unto, according to the said charters and the laws and constitution of this state, on the said twenty-seventh day of November, in the year of our Lord one thousand seven hundred and seventy-nine ; and they and each of them and their successors, shall, and may ask, demand, sue for, recover, and receive the same and each and every part and parcel thereof, and shall hold and enjoy, use, and exercise the same, and every part and parcel thereof, in the same manner and as fully and freely as if the said act had never been passed. Excepting always, Exception.s so much of the rents, issues, and profits of the said real estate and bLsemTnts, estates, as were received by the said trustees of the university be- fore the second day of March instant, which shall be considered, and they are hereby considered, as having been duly laid out by and expended, in the education of youth, and therefore, no account shall be rendered thereof ; and excepting also, such sum or sums of money as have been paid in discharge of the just debts, con- 30 Trustees of, authorized to regain possession, &c. tracts, and engagements of them, “The Trustees of the said Col- lege, Academy, and Charitable School,” entered into and subsist- ing on or before the said twenty-seventh day of November, in the year of our Lord one thousand seven hundred and seventy-nine ; and excepting also, such bonds, mortgages, and other specialties, of the former estate of the said last-mentioned trustees, as have been transferred, cancelled, or discharged by them, the trustees of the university, for the value of which only (without any ac- count of the interest, actually received) they shall be account- able to the trustees of the said college, academy, and charitable school ; and excepting lastly, certain lots of ground in the town of Norris, and county of Montgomery, which were given for the public use and service of the said county, and certain other lots which have been contracted for, sold, and conveyed by the said trustees of the university, for the purpose of building and improving in the said town ; for the value of which lots only as they were contracted for, sold, and payment received by the said trustees, they shall be liable and accountable to the trustees of the said college, academy, and charitable school, and the said lots and every of them shall be, and hereby are confirmed, to the several purchasers thereof, on the payment of the purchase-money and arrears thereof, yet due to the trustees of the said college, acad- emy, and charitable school, in the same manner as such purchase- money and arrears thereof yet due, ought to have been paid to the trustees of the said university, according to the several con- tracts for the sale and conveyance of the said lots duly and hona fide made by them before the third day of February last. Sect. 4. And he it further enacted. That the trustees of the said college, academy, and charitable school, and their successors, by the name, style, and title of “ The Trustees of the College, Acad- emy, and Charitable School of Philadelphia, in the commonwealth of Pennsylvania,” and the provost, vice-provost, and professors of the said college and academy and their successors, by the name and style of The Provost, Yice-Provost, and Professors of the College and Academy of Philadelphia, in the commonwealth of Pennsylvania, shall respectively be entitled to, and shall have and pursue the like speedy, summary, and effectual means and reme- dies, for regaining and reinstating themselves in, and for having and possessing themselves of all and singular the rights, franchises, offices, trusts, and immunities, and estates, real, personal, and 31 mixed, to which they or either or any of them are in, and by this act restored, or which is hereby vested in them or either or any of them, together with all books, papers, and writings, touching or concerning the same or any part thereof, as were given, or men- tioned and intended to be given, in and by the said in part recited act, and also in and by any other act or acts of general assembly of this commonwealth, to the trustees of the university therein mentioned, or which they could thereby have or pursue for acquir- ing or possessing themselves of all or any part or parts of the estate or estates, real, personal, or mixed, rights, franchises, offices, trusts, or immunities, in and by the said in part recited act, trans- ferred to or vested in them the said trustees of the university afore- said, or of any books, papers, or writings, relating thereto ; and all and every person and persons are hereby enjoined and required to govern and demean themselves accordingly, under the like pains and penalties as are in and by the said acts mentioned. AN ACT To unite the University of the State of Pennsylvania, and the Col- Nov. 27 , lege, Academy, and Charitable School of Philadelphia, in the March, i789. Commonwealth of Pennsylvania. — September 30^^, 1791. Whereas, the trustees of the university of the state of Pennsyl- Preamble • T6CitiD§ tll6 vania, and the trustees of the college, academy, and charitable school terms of of Philadelphia, in the commonwealth of Pennsylvania, by their several petitions have set forth, that they have agreed to certain terms of union of the said two institutions, which are as follow: First. That the name of the institution be ^^The University of Pennsylvania,^'' and that it be stationed in the city of Philadelphia. Second. That each of the two boards shall elect, from among themselves, twelve persons, who, with the governor for the time being, shall constitute the board of trustees of the university of Pennsylvania; and that the governor shall be president. Third. That the professors which shall be deemed necessary to Professors to constitute the faculty in the arts and medicine, respectively, shall Facuify^of*^ be taken from each institution equally; and in case of an odd num- Medicine, ber, such one to be taken from either by the choice of the trustees ; and that the provost and vice-provost, or the principal officer or officers of the faculty, by whatever name or names they may be called, shall be chosen from among the professors so appointed. Charity- schools. Election of trustees. Thirteen ne- cessary to elect profes- sor. Notice previous no- mination. Two-thirds necessary to a removal o a profes.sor. Notice, &c. Sec. 5. f- — Twelve trus- tees be cho- sen from, each board, and return- ed to the governor. 32 Fourth. That charity schools shall be supported, one for boys, and the other for girls. Fifth. That for the future every vacancy in the board, except that of governor, shall be filled up by election by ballot, by a majority of the members present, at any meeting of the new board, the members present to be at least thirteen ; that due and timely notice of such election be at all times given, and that no person shall be elected to fill up such vacancy at the same meeting in which he shall be nominated. Sixth. That the funds and property of the institutions shall be united, and vested in the new trustees. Seventh. That the professors and officers composing the faculty shall be elected by a majority of the members present at any meet- ■ing of the new board, the number present to be at least thirteen ; that due and timely notice of such election shall at all times be given, and that no person or persons shall at any time be elected such professor or officer at the same meeting in which he shall be nominated. Eighth. That no professor or officer of the faculty shall be re- ' moved by a less number than two-thirds of the members present at any meeting of the new board, the members present to be at least thirteen ; and that due and timely notice of such intended removal shall at all times be given, and that no person or persons shall at any time be removed at the same meeting in which such removal shall be proposed. Nmth. That the board of trustees shall annually lay before such persons, as the legislature shall in the incorporating act direct, a statement of the funds of the institution. And the said trustees, by their several petitions have prayed, that a law may be passed to enable them to carry the said terms of union into effect, and to incorporate them in one body, according to the purpose and intention expressed in the said terms of union. Sect. 1. Be it therefore enacted^ That, in pursuance of the second article of the said terms of union, the trustees of the university shall elect twelve persons from among themselves to be trustees of the said university after the union, and shall certify the names of the said twelve persons, so elected, to the governor of this common- wealth, on or before the first day of December next ; and that the trustees of the said college, academy, and charitable school, shall elect twelve persons from among themselves, to be trustees of the 8.3 said university after the union, and shall certify the names of tlie ' said twelve persons, so elected, to the governor of this common- wealth, on or before the first day of December next. I Sect. 2. And be it further enacted, That from and after such cer- persons ro tificates of the elections being so made to the governor, as afore- ^aiibecome A covporsi- said, the said twenty-four persons so elected and certified, together woq under ° Iflie style, to with the governor for the time being, who shall always be presi- ije stationed dent, and their successors, duly elected and appointed, as herein and by the said terms of union is directed, be, and they are hereby made and constituted a corporation and body politick, in law and' in fact, to have continuance for ever by the aforesaid name, 'style, and title of “ THE TRUSTEES OF THE UNIVERSITY OP PENNSYLVANIA,” and that the said university shall at all times be stationed in the city of Philadelphia. Sect. 3. And he it further enacted, That the said trustees, and their successors, shall be able and capable in law to sue and be sued, by the name, style, and title aforesaid, and to have and to make one public and common seal, and also one private seal to use in their affairs, and the same, or either of them, to break and alter at their pleasure; and to make rules and statutes not repugnant to Powers, the laws and constitution of this state, or of the United States of America, and to do every thing needful and necessary to the estab- lishment of the said university, and for their own good govern- ment, and the good government and education of the youth belong- ing to the same, and to constitute a faculty, or learned body to consist of such head or heads, and such a number of professors in the arts and sciences, and in law, medicine, and divinity, as they shall judge necessary and proper, consistent with the aforesaid articles of union. Sect. 4. And be it further enacted. That all and every the Estates of 1 1 1 1 /V 11 1 • the former estates, real, personal, and mixed, moneys, etiects, debts, claims, institutiouu and demands, either in law or equity, which at present are vested in, or belong to each of the two boards of the trustees of the said university, and of the said college, academy, and charitable school, who are hereby united and incorporated together, shall be, and they hereby are, transferred to and vested in the said trustees herein directed to be appointed and incorporated, and their successors, with full power to take, receive, hold, use, recover, and enjoy the same, according to the purpose, true intent, and meaning of this act, and that in like manner, all claims, rights, and demands, of any 3 phia. Gov- ernor to be president. 34 statement to be laidbe- fore the le- gislature. person or persons, bodies politick and corporate, against either of the said two boards, shall be and remain valid and effectual against the trustees herein directed to be appointed and incorporated, and their successors, with power to demand, receive, and recover the same, as if they had been originally contracted by, or due, or re- coverable from, the said trustees herein directed to be appointed and incorporated. Sect. 5. And he it further enacted, That pursuant to the ninth article of the terms of union, the trustees shall annually lay a state- ment of the funds of the institution before the legislature of the commonwealth. From the Minutes of the November, 1791. His excellency Thomas Mifflin, Governor of the Commonwealth of Pennsylvania, having received certificates of the election of the trustees of the University agreeably to the foregoing Act, and hav- ing caused the persons in the said certificates respectively to be notified thereof, and also to meet at the office of the secretary of the commonwealth, at the state house in the said city, on Tuesday the eighth day of November, in the year 1791, the following gen- tlemen, with the governor, met in pursuance of such notice, viz; 1. The Hon. Thomas M’Kean, LL.Do 2. Charles Pettit, 8. The Rev. James Sproat, D.D. 4. Jonathan B. Smith, 6. Jonathan D. Sergeant, 6. James Irvine, 7. John Bleakley, 8. John Carson, 9. David Rittenhouse, 10. David Jackson, 11. Jared Ingersoll, 1. The Rt. Rev. Wra. White, D.D., 2. The Rev. Robert Blackwell, D.D., 3. The Hon. Ed. Shipper), 4. William Lewis, 5. Robert Hare, 6. Samuel Powell, 7. David H. Conyngham, 8. Wm. Bingham. 9. Thomas Fitzsimmons, 10. Geo. Clymer, 11. Edward Burd, 12. Samuel Miles. And the said Act having been read, the governor exhibited the certificates of the election made in pursuance of the first section thereof, by which it appeared that the persons above named, and Henry Kuhl, elected by the trustees of the university, were respec- tively elected by the trustees of the two institutions to be trustees of the new institution under the name of ''The University of Penn- Elected by the Trustees of the University of the State of PennsvL vania. Elected by the Trustees of the College, Acade- my, and Free School. sylvania,'^ with the corporate style and title of ''The Trustees of the University of Pennsylvania ?^ — Whereupon the said trustees, with the governor of the commonwealth, formed themselves into a Board, and proceeded to organize the said institution. Agreeably to the third section of the articles of union the following persons were, on the 23d of January, 1792, elected to the Professorships annexed to their names respectively, viz., to constitute the Faculty of Medicine. William Shippen, jr.. Professor of Anatomy, Surgery, and Mid- wifery. Caspar Wistar, Adjunct Professor of the Same. Adam Kuhn, Professor of the Practice of Physic. Benjamin Rush, Professor of the Institutes and Clinical Medicine. James Hutchinson, Professor of Chemistry. Samuel Powel Griffiths, Professor of Materia Medica. Benjamin S. Barton, Professor of Natural History and Botany. And on the 9th of April, 1792, to constitute the Faculty in the Arts, The Rev. John Ewing, D.D., Professor of Natural Philosophy. The Rev. John Andrews, D.D,. Professor of Moral Philosophy. Mr. James Davidson, Professor of the Learned Languages, viz., of the Latin and Greek. Mr. Robert Patterson, Professor of Mathematics. The Rev. William Rogers, D.D., Professor of English and the Belles Lettres. The Rev. Henry Helmuth, D.D., Professor of the German and Oriental Languages. And on the 26th day of April, in the same year, the Rev. John Ewing, D.D., was elected Provost, and the Rev. John Andrews, D.D., Yice-Provost, of the University of Pennsylvania. 37 AN ACT Extending the limits of the income of the Trustees of the University of Pennsylvania. — Wth May, 18'7l. Section 1. Be it enacted by the Senate and House of Represen- tatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same. That the trustees of the University of Pennsylvania are hereby authorized to acquire and hold real and personal estate, for the purposes of the said university, the clear annual value of which shall not ex- ceed the sum of thirty thousand dollars, in addition to that which they now hold. STATUTES OF THE UNIVERSITY OF PENNSYLVANIA. OF THE BOARD OF TRUSTEES. Section 1. The Governor of the State of Pennsylvania for the time being is President of the Board by the charter, and when present at any meeting shall preside. Section 2. The senior Trustee by election to the Board shall be President pro tempore thereof, and except when the Governor shall be present shall preside at all meetings of the Trustees, preserve order thereat, appoint all committees, unless otherwise ordered by a vote of the Trustees, attest all the official acts, proceedings, and resolutions of the Board which are intended to make contracts or conveyances, or to alienate, release, or dispose of the property of the University, whether the same be real or personal, and generally perform all other duties which pertain to the powers and duties of a presiding officer. Section 3. In the absence of the President pro tempore from any meeting the senior Trustee by election to his place, then present, shall preside, and for the time being exercise all the powers and perform all the duties of the President pro tempore. Section 4. Stated meetings of the Trustees shall be held on the first Tuesday of every month, at such place and at such hour as the Board may by resolution from time to time order and direct. Special meetings may be called by the President pro tempore whenever he may deem the same necessary or expedient. In the absence of the President pro tempore from the city of Phil- adelphia, or of his refusal to call a special meeting of the Board on the written request of five Trustees, the Secretary shall, upon such a 4 written request, call a special meeting. The call for the special meet- ing shall designate the business proposed to be considered thereat, and no other business shall be transacted thereat unless by the unanimous consent of the members present, being at least thirteen in number. At least twenty-four hours’ notice shall be given for the holding of a stated or a special meeting, and the time and place for holding the meeting shall be expressed in the notice. Section 5. Five Trustees shall constitute a quorum for the trans- action of ordinary business, but for the enactment of laws, the election of professors, the purchase or sale of real estate or other property, or the mortgaging, pledging, or encumbering thereof, at least thirteen Trustees shall be present, and a majority of the votes of those present at any meeting shall be necessary for the adoption of any order, reso- lution, or action of the Trustees, or for the election of any professor, or for the enactment or amendment of any law. Section 6. The order of business at the stated meetings shall be as follows : 1. Reading of the minutes of the preceding meeting for the pur- pose of reconsidering the same, if any amendment thereof shall be deemed necessary, and for their adoption. 2. Communications addressed to the Board to be read, referred, or finally disposed of. 3. Reports from the Provost, and order taken thereon when it may be needed. 4. Reports of Standing Committees, and the consideration of reso- lutions or other propositions contained in such reports. 5. Reports of Special Committees and consideration thereof, and action thereon if needed. 6. Report of the Secretary and Treasurer. 7. Deferred business. 8. New business. 9. Reading of the rough minutes for correction. 10. Adjournment. Section 7. A competent person shall be elected Secretary and Treasurer of the Board, who shall hold his ofiice during the pleasure of the Trustees. He shall receive such compensation for his services, payable monthly, as the Board may from time to time fix, and shall give such security for the faithful performance of all his duties as may be also from time to time fixed by a resolution of the Trustees. He shall, as Secretary, keep and engross regular minutes of the proceed- 5 ings of the Board, carefully preserve and keep in regular files all com- munications, reports, and other papers of importance ; conduct, under the direction of the President pro tempore^ or of the standing or special committees, all needful correspondence on the business of the Board ; and when he may be so requested, act as Secretary of any committee, and preserve the minutes of its proceedings; give notice to all committees of their appointment, and transmit to them all papers, documents, and copies of resolutions that may be referred to them ; give notice of all stated and special meetings, and generally perform such duties usually pertaining to the office of a Secretary as the President pro tempore, or any committee of the Board, may direct. lie shall have the custody of the corporate seal of the Uni- versity, and shall affix and attest the same to such instruments or writings as the Board may order and direct. Section 8. As Treasurer he shall have charge of all deeds and other muniments of title to the real estate of the University, and of all bonds, mortgages, certificates of loans, stocks, or other evidences of property owned by it or pledged to it, which he shall deposit for safe keeping in such place of security as the Committee on Ways and Means may direct. He shall collect and receive all moneys that may in any way become due and payable to the Trustees, and deposit the same as received in the corporate name of the University in such bank or other institution in the city of Philadelphia as the Committee on Ways and Means may direct. He shall pay, according to such orders and resolutions as may be made by the Trustees, all debts and other obligations of the Trustees as the same shall become due and payable, and shall take full and sufficient receipts and acquittances as vouchers for such payments. He shall keep full and accurate accounts of all his receipts and pay- ments in proper books to be provided for such purposes, and shall sub- mit the same, together with his vouchers, monthly, to the Committee of Ways and Means for examination and approval. He shall make all payments by cheques, and the ‘cheque shall state for what account the payment has been made. He shall at each stated meeting present a summary statement of his receipts and payments for the preceding month, showing also the bal- ance of cash on hand and an estimate of the receipts and payments for the next month. The books of minutes and accounts, and all other papers and vouchers in the hands of the Secretary and Treasurer, shall at all 6 times be open to the inspection and examination of any Trustee, or of any Committee of the Board. Section 9. In case of the resignation or removal from office of the Secretary and Treasurer, he shall forthwith deliver to his successor, or to such other person as may be appointed to receive the same by the Trustees, all the property, books, papers, money, and every other mat- ter and thing belonging to the Board that may then be in his charge or possession ; and an inventory of all matters and things so delivered shall be made out and be duly attested by the person receiving the same, and also by the retiring Secretary and Treasurer. And in case of a vacancy occurring in the office of Secretary and Treasurer by the death of the person holding said office, it shall be the duty of the Committee of Ways and Means to obtain from the legal representative of the de- ceased officer all the books, property, money, papers, vouchers, and other effects of the Board that may at the time of his decease have been in his charge, care, or possession, and to have an inventory thereof made as aforesaid, to be attested by the signatures of the chairman of said committee and by the legal representative of the deceased officer. And in case of a vacancy occurring in the office of Secretary and Treasurer, from any cause whatever, such vacancy shall be filled by an appointment to be made by the President tem.j)ore, with the con- currence of the Committee of Ways and Means ; such appointment to continue, however, only until an election of Secretary and Treasurer shall be made by the Trustees. No person shall be elected Secretary and Treasurer unless he has been nominated at the stated. meeting of the Trustees, held in the month preceding the stated meeting at which he is to be balloted for. Notice of such intended election shall be given to the several Trustees ; and no election shall be held unless at least thirteen Trustees are present, and the votes of a majority of those present shall be necessary to a choice. Section 10. At the stated meeting of the Board, in the month of January, annuall^g the following standing committees, to consist of five members each, shall be appointed by the President pro tempore: Ways and Means. Buildings, Estates, and Property. Library. Department of Arts. Department of Science. Department of Medicine. Department of Law. The Committee of Ways and Means shall have charge of the finan- cial affiiirs of the institution ; shall see to the safe investment and care of its funds ; supervise and examine the accounts and vouchers of the Treasurer ; report from time to time on the financial condition of the University, and on its revenues and expenditures ; make all invest- ments as may be ordered by the Board ; direct the Treasurer as to the places of deposit for the money and other property of the Board ; ex- amine and vouch the accounts of the Treasurer ; report and advise on all appropriations that may be requested by any department for expend- iture ; see to the preparation of the annual report to be presented to the State legislature ; and generally to watch over and care for the financial interests of the institution. Section 11. The Committee on Buildings, Estates, and Property shall have charge of the buildings and other real estate, and of the furniture and fixtures belonging t6 the institution ; attend to the selling, leasing, and renting of such parts of the property as may not be in actual use and occupied for the purpose of instruction ; see that all is kept in proper order and repair; examine and ap- prove of all bills and accounts before the same shall be paid, and after the same have been duly vouched by the Provost or other officer authorized to make any outlay ; and generally to act as a committee on accounts for matters not in charge of the Committee of Ways and Means. Section 12. The Committee on the Library shall have charge of the general library of the institution, and care for the preservation of its books, furniture, and fixtures ; they shall have power to ap- point a librarian, make rules for his government and for the hours of his attendance, and define his duties ; provide for the use of the library ; and report at least once a year on the condition of the library, and recommend measures for its increase, improvement, and usefulness. Section 13. The Committees on the Departments of Arts, Science, Medicine, and Law shall severally have the care and supervision of the instruction to be given in said departments ; they shall aid the Pro- vost in the management of said departments, and by regular confer- ences and meetings with him ascertain the working and success of existing arrangements, and receive from the Provost such suggestions for improvement as the several Faculties may from time to time make through him, and report thereon to the Board. The auxiliary Department of Medicine shall be under the care of 8 the Committee on the Department of Medicine, and the Department of Music shall be under the care of the Committee on the Department of Science. Each of said committees shall have the general care of the apparatus, special libraries, collections, cabinets, and museums appropriated for the use of the department under its charge, and see that proper inven- tories and records of them are taken and kept ; and that the several professors and other officers in charge thereof are held properly respon- sible for their care and preservation and delivery to the Provost, or other officer who may be appointed to receive the same, on the resig- nation, death, or removal from office of any one having had the same in charge. Each Faculty shall prepare and present, through the Provost, to the proper committee in charge of its department, in the month of June of each year, an estimate of th6 amount that may be needed to defray its expenses from the 1st day of October until the 30th day of Sep- tember next succeeding ; which estimate shall be revised by the proper committee, and be transmitted to the Committee on Ways and Means, with such recommendations for its allowance or reduction as may be deemed proper. Section 14. The reports of all committees shall be in writing; pro- vided, however, that the minutes of any committee may, if it deems the same advisable, be submitted as a report. Section 15. Special committees shall be appointed, unless other- wise ordered by the Board, by the President pro tempore^ whenever the Trustees may deem the same advisable, for the consideration of any subject. Section 16. No money shall be drawn from the treasury unless an appropriation for the expenditure of the same has been previously made by the Board. No debt shall be contracted unless a requisition for the object needed shall have been made therefor by the officer or agent authorized to order the same, and such requisition has been ap- proved by the Provost. Bills for all supplies ordered shall be collected at the close of every month and be sent to the Secretary of the Board of Trustees, approved by the Provost before the day of the stated meeting in the following mouth, and the Secretary on the receipt of such bills shall present them to the Committee on Buildings, Estates, and Property for approval for payment. 9 OF INSTRUCTION AND DISCIPLINE. Section 17. The instruction to the students shall be given and their government shall be administered in such manner as the Faculty of each department may direct, under the general supervision, control, and order of the. Board of Trustees. The Provost shall be the chief executive officer of the University. He shall be a member of and President of each Faculty, and when present at a Faculty meeting shall preside thereat, and may call a special meeting of any Faculty when he may deem the same expedient. He shall be the organ of communication between each Faculty and the several members thereof and the Board of Trustees. He shall have the general care and supervision of the buildings occupied for the pur- poses of instruction and the grounds connected therewith, and shall enforce such care and supervision by such officers and servants as the Trustees may direct to be employed for such services. He shall from time to time report to the Board on the state of the instruction in the several departments, and make such suggestions for the improvement thereof as he shall deem expedient. He shall attend each stated meeting of the Board of Trustees, and when present shall have the privilege of speaking on all questions that may come before the Board, and he may attend the meeting of any standing committee. He shall approve of all requisitions for supplies before the same are ordered by any Professor or other officer in charge, and shall certify to the Treas- urer all bills for supplies duly ordered. He shall receive and transmit to the proper committees all applications for gratuitous instruction, with the proofs of the worthiness of the claims of the applicants for admission, and also his opinion as to the propriety of admitting the applicants. He shall also receive applications for free scholarships, and report the names of those found qualified to the proper com- mittee for admission. Every Professor, assistant Professor, Instructor, or other officer or agent engaged in instruction or discipline shall be primarily responsible to him for the faithful performance of his duties, except in cases where an assistant is assigned for duty and service to a Professor in any department, in which case such assistant shall be primarily responsible to such Professor. He shall report to the Trus- tees all cases of neglect of duty on the part of any Professor or other officer or employee of the institution. Pie shall preside at all Com- mencements, and confer the Degrees ordered by the Trustees. He shall in all cases affecting the government and instruction have full 10 and conclusive authority, subject only to the Board of Trustees, and, as the chief executive officer of the University, shall be obeyed and respected accordingly. Section 18. In case of a vacancy in the office of the Provost, or of his permanent absence from the city or from duty, the Yice-Provost shall act as Provost until the vacancy be filled or the Provost shall return to the discharge of his duties. Section 19. There shall be the following Faculties, to consist of the Provost and such number of Professors, adjunct, and assistant Pro- fessors as the Trustees may from time to time direct, to wit : Arts, Medicine, Law, Towne Scientific School, Auxiliary of Medicine, and Music. Each Faculty shall meet at least once a month, or when called specially by the Provost, except during vacation, and the members thereof shall attend such meetings, and shall elect a Dean and Secretary. Provided, however, that the Vice-Provost shall be ex- officio Dean of the Faculty of Arts. In the absence of the Provost from any meeting the Dean shall preside. The Secretary shall keep regular minutes of its pro- ceedings, which shall at all times be open to the inspection of any Trustee, to the Provost, or any member of the Faculty. All requisitions for supplies shall be issued and signed by the Sec- retary of the Faculty for whose use such supplies are needed. No requisition for a supply shall be issued unless an appropriation has been duly made by the Trustees for defraying the expenses thereof Each Faculty shall have such instructors, assistants, and other em- ployees assigned to it as the Trustees, by resolutions for such purposes, may allow. Every Professor, adjunct Professor, or other officer or employee shall hold his office during the pleasure of the Board, and shall receive such compensation for his services, payable monthly, as the Trustees may from time to time designate. Bemovals from office, except in the case of a member of a Faculty, shall be made by the Provost with the concurrence of the standing committee on the department or other branch of the service of the University in which the person to be removed has been employed. A member of a Faculty may be removed at any meeting of the Board of Trustees at which at least thirteen members are present and at least two-thirds of those present concurring in such removal ; but no member of a Faculty shall be removed from office unless for cause shown in a complaint made in writing by the Provost or the standing 11 • committee having charge of the department in which such member is employed, nor until notice has been given to such member of the com- plaint against him, which notice shall be served on the member so complained of at least ten days before the consideration of his case by the Board of Trustees. His reply to the complaint shall be in writing. But the Trustees expressly reserve the right in all cases by the proper quorum and vote to summarily remove any member of a Faculty from office if in their judgment the interests of the University require such removal. Section 20. Professorships on special subjects may be established by resolutions of the Trustees, and the Professors to fill the same shall be chosen in the same way as Professors in the regular Faculties. Such Professors shall hold their offices for such terms and receive such compensation as the resolution providing for their appointment may direct. Section 21. Students shall be admitted into the several depart- ments as the regulations, which may from time to time be adopted by the Trustees, shall direct. These regulations shall prescribe the ex- aminations requisite for admission, the courses of study, the qualifi- cations required for Degrees, the cost of tuition, and the general discipline of the University. Section 22. Gratuitous instruction shall be given in each depart- ment to such number of indigent students as the standing committee having charge thereof shall direct. Applicants for such instruction shall submit to the Provost their claims to such instruction, and if he after examination shall deem them qualified in all respects for admis- sion he shall report thereon to the proper committee, which shall then take order on such applications. The names of such students shall not be made public, but be confined to the knowledge of the Provost, Treasurer, and proper committee. Section 23. There shall be forty scholarships in the Towne Scien- tific School, ten of which shall be competed for annually by pupils of the public schools in the City of Philadelphia under such rules as have heretofore been adopted and published therefor ; but such rules may from time to time be altered or amended by special resolutions of the Board, to take effect at the beginning of the college year after their adoption. Section 24. Female students shall be admitted to such partial courses of advanced studies in the Department of Arts and Towne Scientific School and Music as the Provost, with the approval of the 12 proper committees, shall direct. The terms of admission and the re- quisites therefor shall be fixed by the committee in conjunction with the Provost. The name of any such student admitted to gratuitous instruction under this section shall not be made public, but be con- fined to the knowledge of the Provost, Treasurer, and proper com- mittee. Section 25. There shall be two public Commencements held an- nually for conferring Degrees : the first, for Degrees in Medicine, on the 15th day of March, and the second, on the 15th of June, for Degrees in the Arts, Law, Science, and auxiliary department of Medicine and Music. When those days shall fall on Saturday or Sunday the Com- mencement shall be held on the preceding Friday. At all Commencements and other public occasions, the Provost, Vice-Provost, and Professors and students shall, unless excused by the Provost, appear in proper caps and gowns. Section 26. Honorary Degrees will be conferred on persons deemed worthy to receive the same in the following manner : a nomination of the candidate for such a Degree, with a statement of his claims to such a distinction, shall be made in writing and be presented to the Board of Trustees at a stated meeting. Such nomination shall be referred to the standing committee having charge of the department to which the proposed Degree pertains. The committee shall report on the nomina- tion at the next or some subsequent stated meeting. If a favorable report shall be made on such nomination it shall lie over for three months, and then the Trustees shall vote thereon ; and the unanimous vote of the Trustees casting ballots shall be required for conferring any honorary Degree. Degrees so ordered shall be conferred at the Com- mencement next succeeding such order. Section 27. Every mandamus ordering the conferring of Degrees shall be signed by at least thirteen Trustees ; and the several Faculties shall certify to the Board through the Provost at least ten days before the holding of any Commencement the names of such candidates for Degrees as have passed satisfactory examinations and are otherwise qualified to receive the same. Section 28. No room in the University buildings shall be used by the students or any other person for a meeting, unless the permission of the Provost or of the Trustees has been first obtained. 13 LEAVE OF ABSENCE. Section 29. When a Professor desires leave of absence from his duties he shall make application in writing to the Provost, stating the reason therefor. If the leave asked for does not extend beyond one week, the Provost shall decide upon the application ; and if for a longer period, he shall forward the application to the committee on the proper department for action thereon. UNIVERSITY HOSPITAL. Section 30. The University Hospital shall remain in charge of its Board of Managers and professional staff, under the rules and regula- tions now in force, until the same are duly altered or amended. EXISTING LAWS AND REGULATIONS. Section 31. All statutes of the University heretofore enacted by the Board of Trustees, and all regulations now in force for the instruc- tion and government of the students under the authority of the several Faculties, that are not altered or supplied by this code, shall be con- tinued in force until otherwise ordered by the Trustees. AMENDxMENTS. Section 32. Propositions for the alteration or amendment of these laws shall be made in writing, be submitted at a stated meeting, and be considered and acted on at the next or some subsequent stated meeting, of which proposed consideration notice shall be given by the Secretary.