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corporation shall otherwise be dissolved, said supreme court may, on application, order and decree that the income thereafter to be derived from the proceeds of the sale of said land scrip in the hards of the State treasurer as aforesaid, together with such amount as may have been paid over by said treasurer for the purpose of an experimental farm, shall revert to said Vermont Agricultural College, and all the other property and effects which, at the time of said union, belonged to said other institution, shall revert to and be the property of the other institution or institutions which shall have been united and incorporated by, or in pursuance of this act, and in case more than one such other institution shall have been thus united, such other property shall revert to them separately, such specific property to each, as said court shall adjudge and decree, having reference in making such decree to what was originally owned or contributed by each; provided, that in respect to any property or funds hereafter acquired by said new corporation, by gift, grant, bequest or otherwise, the same shall be awarded and distributed to each of the institutions hereby incorporated or hereafter united, in such manner as said court shall deem just and equitable, having reference to the manner the same was acquired, and to any specific trusts, or expressed intention of any donors, made at the time the same was acquired. And for the purposes aforesaid, as well as for all other purposes, the said several corporations which shall have been united by virtue of this act, shall be deemed and treated as having continued in life, and the several trustees which shall have been elected by each at the time they were united, and their successors, shall be deemed and treated to have been, since the time of their elections, the trustees of their respective institutions, as well as trustees of the united corporation, and, as such trustees, may receive the property and effects which may revert to their respective corporations by such decree of court, and they and their successors, whom they may thereafter appoint, may continue and manage the affairs of their respective corporations thereafter, in the same manner as the trustees of each might have done before they were united as aforesaid.

$ 12. This act shall take effect whenever the two corporations hereby united sball, at a meeting duly warned, vote to accept the same, and to surrender and relinquish to the corporation hereby created, all the property belonging to them, whether real or personal, and all the rents, profits and income therefrom arising, including said proceeds from the sale of said land scrip, for the purpose, and subject to all the rights, trusts and conditions as in this act provided ; and it shall be the duty of each of said corporations to cause a copy of the record of such votes, duly certified by the secretaries of their respective corporations, to be left for record and duly recorded in the office of the secretary of state ; whereupon, by virtue of such votes, such property, rents, profits and income shall become the property of the corporation hereby created, for the purposes, and subject to the rights, trusts and conditions aforesaid; and said property, and the property hereafter acquired by the corporation hereby created, shall be subject to all the conditions, immunities and exemptions now pertaining to the property now held by said University of Vermont.

§ 13. All of an act entitled “An Act to establish the Vermont Agricultural College,” approved November 22, 1864, which is inconsistent with the provisions of this act, is hereby repealed.




(Passed February 7th, 1867.) Whereas, The congress of the United States did by act passed July 2d, 1862, and by subsequent act passed April 19th, 1864, donate to the State of West Virginia certain lands, (one hundred and fifty thousand acres,) for the promotion of Agriculture and the Mechanic Arts, including military tactics, within the State of West Virginia; the proceeds of which are to be invested in bonds and stocks of the United States, or stocks of this state, and are to become permanent endowment for the purpose of maintaining an agricultural college in the State of West Virginia, upon conditions recited in said acts:

And Whereas, the Legislature of the State of West Virginia, did, on the third day of October, eighteen hundred and sixty-three, pass an act accepting the said donation, and the said land warrants having been received by the governor, and by him sold and converted into current funds of the United States :

And Whereas, the board of trustees of Monongolia Academy, have by resolation, passed January, 9th, 1866, tendered to the State of West Virginia the buildings, property and funds of said Academy, including the property known as Woodburn Female Seminary, by resolution in the following words, to wit:

Resolved, That this board tender to the legislature of West Virginia, all the real and personal effects held as the property of Monongolia Academy, including the property known as “Woodburn Female Seminary.' amounting as a whole to the following estimated value, viz: "Woodburn Female Seminary,

$25,000 Monongolia Academy and dwelling,

15,000 Cash, bonds, bank stock, &c.,

10,000 Library and other personal property,


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Amounting to

851,000 To be absolutely held and used by the State of West Virginia, on the express condition that the contemplated agricultural college be located permanently at or near Morgantown, and that the funds and real estate hereby tendered to be used solely for the benefit of said college,” therefore,

Be it enacted by the Legislature of West Virginia,

§ 1. That the funds derived from the sale of the United States land war. rants donated to this state for the purpose of endowing an agricultural coilege, be invested by the governor in a loan, or public stock of the United States, for the use and benefit of a college to be called the “Agricultural College of West Virginia," endowəd as aforesaid, and to be further established, regulated and maintained, according to a plan hereinafter provided for.

§ 2. That this state hereby accepts the tender of the board of trustees of Monongolia Academy; and that said college shall be located at or near Vorgantown, in the county of Monongolia, and that the interest and dividends aı cruing from the fund donated by congress be appropriated to aid the establi-hment of said college.

§ 3. That the governor of this state shall, within thirty days after the pas. sage of this act, appoint eleven suitable persons, one from each senatorial district, who shall constitute a board of visitors for said college, and who shall have a common seal; any three of whom may constitute a quorum for the transaction of ordinary business; but for making arrangements for the erection of buildings or the permanent alteration of present buildings, as well as the appointment or removal from office of professors, the concurrence of a majority of the board shall be required.

§ 4. When the said board hereby constituted, shall have served one year, two of their number, (to be determined by lot,) shall vacate their positions: and two others, on each succeeding year, all do the same, and remaining nine shall annually elect from the senatorial districts vacated, two new members of the board, who shall be approved and commissioned by the governor, in case of death, removal, or refusal to act, any three members of said board may proceed to call the rest of the board together to fill such vacancy.

§ 5. That it shall be the duty of said visitors, on or before the first Wednesday of April next, and on the first Wednesday in July annually thereafter, or at such time as they may designate, to meet at the college buildings now known as "Woodburn Female Seminary," and there establish such departments of education in literature, science, art and agriculture, as they may deem expedient, and as the funds under their control may warrant, and purchase such materials, implements and apparatus as may be requisite to proper instruction in all said branches of learning, so as to carry out the spirit of the act of congress aforesaid, approved July 2d, 1862. And they shall also appoint a superintendent, who shall have general supervision and control of the property and interests of said college during the vacation of said board.

§ 6. That said board shall establish and declare such rules and regulations and by-laws as they may deem necessary for the proper organization, tuition and good government of the said college, and the protection of the public property belonging to said college, as shall not be inconsistent with the laws of this state or of the United States; they shall appoint a treasurer, taking bond from him with ample security, conditioned for the faithful keeping and disbursing of such money herein or hereafter appropriated, and such other moneys as shall be allowed by said board to come into his hands from time to time; they shall also settle his accounts annually, or oftener if they think best; inspect all the public property of said college, and make a full report of the condition, income, erpenditures and management of said college, to the governor annually; to be by him laid before the legislature.

§ 7. Said board shall have power to create a preparatory department to said college, and appoint any other professorship than heretofore mentioned, if the same be deemed essential; fix the salaries of the professors and of the superintendent, and remove them for good cause ; but in cases of removal, the concurrence of a majority of the board shall be required, and the reasons

therefor shall be communicated in a full written statement thereof to the gove


§ 8. Besides prescribing the general terms upon which students may be admitted, the course of their instruction, and the kind and duration of their services, (which duration shall not exceed five, nor be less than two years,) the said visitors are still further empowered to admit, as the regular students or cadets of said college, any number of young men, not fewer than one nor more than two, from each senatorial district in this state, and who shall not be less than sixteen, nor more than twenty-five years of age; and their admission to be made upon undoubted evidence of a fair moral character. But should no application be made from any of said senatorial districts, then the vacancies may be filled from the state at large.

$ 9. That the said students thus admitted shall be entitled to all the privileges and immunities, educational advantages and benefits of the college, free of charge for admission, tuition, books and stationery, and they shall constitute the public guard of the said college and the public property aforesaid. And whenever the said board shall certify to the governor that said college is ready to go into operation, and that students have been appointed and admitted as bereinbefore provided for, he shall forthwith forward to the superintendent of the said college a sufficient number of public arms and equipments, ordnance and munitions for the use of the college, to be kept in an arsenal of the said college, set apart for the purpose. And the professor and students of said college receiving instruction in military tactics and the art of war, shall be indivdually and collectively responsible for the preservation and safe keeping of said arms.

§ 10. All reasonable expenses incurred by said visitors in discharging the duties hereby imposed upon them, (not, however, including any wages or per diem compensation,) shall be allowed, and when admitted by the governor, shall be by him caused to be paid out of the treasury of the state, in like manner as all sums are drawn therefrom.

§ 11. That it shall be lawful for the said board to expend so much of the appropriations herein provided as may be proper for the procuring, repairing, or erecting such buildings as may be necessary for the accommodation of professors and students of said college : said board shall be and are hereby author. ized to contract for and erect, at such time as they may deem proper and nec. essary, such additional buildings as may be needed; provided, however, that such expenditures shall not exceed the sum of one thousand dollars annually, for the first five years. They may expend also five thousand dollars of the funds received from the trusteees of the Monongolia Academy, in purchasing landed estate for the use of the agricultural department of said institution, contiguous to said seminary.

§ 12. That the governor, board of visitors, and faculty may graduate any student of the college, found, (after proper examination,) duly qualified, and shall certify the same, by affixing the seal of the college to his diploma.

§ 13. That the board of visitors constituted as aforesaid, shall, on or before the first day of April next, accept and receive from the board of trustees of Monongolia Academy, a deed or deeds for the real estate and personal property so tendered to this state by their resolution aforesaid, to themselves, as the board of visitors of the Agricultural College of West Virginia, and their

successors forever, to be placed on record in the recorder's office of Monongolia county, and then deposited in the office of the secretary of the state.

§ 14. That the said board shall appoint a treasurer who shall, after giving bond, as before provided, receive from the trustees of the Monongolia Academy, all the funds and securities tendered by their resolution hereinbefore recited.

§ 15. This act shall at all times be subject to alteration or amendment by the legislature.

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