versity," 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 College, 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 former 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 politick, under the charters aforesaid, or to disqualify, deprive, or disable the body and faculty of the college and academy, known and distinguished in the charter, dated the fourteenth day of May, one thousand seven hundred and fifty-five, by the name, style, and title of "The Provost, Vice-Provost, and Professors of the College and Academy of Philadelphia, in the province of Pennsylvania," or any of them, from carrying on the design and purposes of the said college, academy, and charitable school, or to disfranchise or deprive them, or any of them, of any privileges, immunities, or estates, whatsoever, or of any part or parcel thereof, or as vests the same or purports and intends to vest the same, or any part or parts thereof, in "The Trustees of the University of the state of Pennsylvania," shall be, and the same and every such part and parts thereof, is and hereby are repealed and made null and void, to all intents and purposes whatsoever.

SECTION 3. And be it further enacted by the authority aforesaid, That the trustees of the college, academy, and charitable school aforesaid, who 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, 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, Vice-Provost, and Professors of the College and Academy of Philadelphia, 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 intitled 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, so much of the rents, issues, and profits of the said real estate and estates, as were received

by the said trustees of the university before 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, contracts, and engagements of them, "The Trustees of the said College, Academy, and Charitable School," entered into and subsisting 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 account of the interest, actually received) they shall be accountable 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 publick 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, academy, 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 sev eral contracts for the sale and conveyance of the said lots duly and bona fide made by them before the third day of February last.

SECTION. 4. And be it further enacted by the authority aforesaid, 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, Academy, 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, Vice-Provost, and Professors of the College and Academy of Philadelphia, in the commonwealth of Pennsylvania, shall respectively be intitled to, and shall have and pursue the like speedy, summary, and effectual means and remedies, 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 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 mentioned 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 acquiring 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, transferred to or vested in them the said trustees of the university aforesaid, 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.

Signed by order of the house,

RICHARD PETERS, speaker.

Enacted into a law, at Philadelphia, on Friday the sixth day of March, in the year of our Lord one

thousand seven hundred and eighty-nine.

PETER ZACHARY LLOYD, clerk of the general assembly.

XI.

Act of Assembly passed 30th of September, 1791, uniting the University of the State of Pennsylvania, and the College, Academy and Charitable School of Philadelphia, under the title of the "University of Pennsylvania."]

An Act to unite the university of the State of Pennsylvania, and the college, academy, and charitable school of Philadelphia, in the commonwealth of Pennsylvania.

WHEREAS the trustees of the university of the state of Pennsylvania, and the trustees of the college, academy, and charitable school 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 constitute the faculty in the arts and medicine, respectively, shall be taken from each institution equally; and in case of an odd number, 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.

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 meeting 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 removed 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.

Ninth. That the board of trustees shall annually lay before such persons, as the legislature shall in the incorporating act direct, a state ment 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.

SECTION 1. Be it therefore enacted by the senate and house of representatives of the commonwealth of Pennsylvania in general assembly met, and it is hereby enacted by the authority of the same, 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 commonwealth, 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 said university after the union, and shall certify the names of the said twelve persons, so elected, to the governor of this commonwealth, on or before the first day of December next.

SECTION 2. And be it further enacted by the authority aforesaid, That from and after such certificates of the election being so made to the governor, as aforesaid, the said twenty-four persons so elected and cer

tified, together with the governor for the time being, who shall always be president, 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 of Pennsylvania, and that the said university shall at all times be stationed in the city of Philadelphia.

SECTION 3. And be it further enacted by the authority aforesaid, 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 publick 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 the laws and constitution of this state, or of the United States of America, and to do everything needful and necessary to the establishment of the said university, and for their own good government, and the good government and education of the youth belonging 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.

SECTION 4. And be it further enacted by the authority aforesaid, That all and every the estates, real, personal, and mixed, moneys, effects, debts, claims, and demands, either in law or equity, which at present are vested in, or belong to each of the two boards of 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 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 recoverable from, the said trustees herem directed to be appointed and incorporated.

SECTION 5. And be it further enacted by the authority aforesaid, That, pursuant to the ninth article of the terms of union, the trustees shall annually lay a statement of the funds of the institution before the legislature of the commonwealth.

WILLIAM BINGHAM, speaker of the house of representatives.
RICHARD PETERS, speaker of the senate.

Approved, September the 30th, 1791.

THOMAS MIFFLIN, governor of the commonwealth of Pennsylvania.