An Act to Reincorporate Delaware College and amend the Charter thereof.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, (two-thirds of each branch concurring),
SECTION 1. That Delaware College, at Newark, reincorporated by act of February 10th, A. D. 1851, for a period of twenty years, be and the same is hereby recognized and reincorporated as a college for another period of twenty years from and after the 10th of February, A. D. 1871.
SECTION 2. The leading object of said college shall be, without. corporation, excluding other scientific and classical studies, and including military tactics, to teach such branches of learning as are related to Agriculture and the Mechanic Arts, in order to promote the liberal and practical education of the industrial classes in the several pursuits and professions in life.
SECTION 3. The board of trustees of said college shall consist of thirty members, together with the Governor of the State and the president of the college, who shall be members ex. officio, one- half of whom shall be appointed by the Governor, who shall fill vacancies which may hereafter occur in their number, and the, other half shall be appointed by the remaining members of the present board, who shall have power to fill vacancies occurring in their number; and the joint board so constituted shall have the entire control and management of the affairs of the college, with power to appoint and remove all subordinate officers and agents, and to make by-laws as well for their own government as that of the college.
SECTION 4. There shall be two stated meetings of the board every year at such time and place as may be fixed by the by- laws, and occasional meetings may be held on the call of the president, which he may make at discretion, and shall make, on the written request of any two or more members of the board of trustees. The secretary of the board shall give two weeks written notice of all meetings, and the time, place and purpose of occasional meetings shall be stated in the notice thereof, and the proceedings of such meetings shall be confined strictly to the purpose stated therein.
SECTION 5. Nine members of the board shall constitute a quorum to do business, but a less number may adjourn. Officers may be appointed for the occasion in the absence of the regular officers. The place of a trustee, who shall be absent from three successive stated meetings, shall be vacated unless the board shall otherwise specially direct, and a vacancy thus created shall vacated be filled as in other cases. And a trustee appointed and not accepting at or before the next stated meeting shall be considered as declining, and a new appointment made.
SECTION 6. The trustees, as ascertained and limited by this corporate act, shall continue to be a corporation by the name of The Trustees of Delaware College, with all the powers and franchises incident to such an institution, including the capacity to take and hold real and personal estate not exceeding in annual value fifty thousand dollars by deed, devise, bequest, gift, grant, or otherwise, and the same to alien, sell, transfer and dispose of as occasion may require, and the proceeds thereof to reinvest in other property, funds, or securities for the benefit of said college, and in accordance with the spirit and purpose of this act.
SECTION 7. The faculty, consisting of the professors and tutors employed by the board of trustees, one of whom shall be president of the college, shall have the care, control, government and instruction of the students, subject, however, to the by-laws. They shall have authority, with the approbation of the board of trustees, to confer degrees and grant diplomas.
SECTION 8. The college fund, created by resolution of the General Assembly of January 28, 1824, and transferred by act of February 5, 1833, to "The Trustees of Newark College," and all other funds, stock, money, or property belonging to or appropriated for, or raised, paid, or payable to the Trustees of Delaware College, by that or any other name, shall be a part of the endowment of said college, and shall be held, appropriated and used as such by the said trustees.
SECTION 9. Devises, bequests, gifts and grants to the corporation shall not be avoided by any misnomer if the description can be understood with reasonable certainty. And the corporation shall not be dissolved by non-user so long as there shall remain seven trustees. The Secretary of State shall transmit to the President of Delaware College, to be placed and kept in the library, a copy of all public documents of which he may receive duplicates, whenever the same shall not have been already appropriated. This college shall never be managed or conducted in the interest of any party, sect or denomination, and the trustees of said college shall make a report of its condition to the Legislature at each regular biennial session.
SECTION 10. If any person stall knowingly sell or dispose of any spirituous, vinous or fermented liquors within two miles of Delaware College to or be instrumental in procuring the same for any student of said college, the person so offending shall forfeit and pay for every such offence ten dollars, to be recovered as debts of like amount are recoverable by any person who will sue for the same, and to be paid one-half to the person suing and the other to the treasurer of the college for the use of the library.
SECTION 11. All acts and parts of acts hereby superseded; or acts repealed which are inconsistent herewith be and the same are hereby repealed.
Passed at Dover, February 17, 1869.