Information Maintained by the Office of Code Revision Indiana Legislative Services Agency
05/10/2008 06:24:33 PM EDT
&DNM.1847-71-1,2
&YENC.1837
&YAMD.1847
    SEC. 1. Be it enacted by the General Assembly of the State of Indiana, That a seminary of learning shall be, and the same is hereby established in the town or vicinity of Greencastle, in Putnam county and State of Indiana, to be known by the name and style of "The Indiana Asbury University," which shall be founded and maintained forever, upon a plan the most suitable for the benefit of the youth of every class of citizens, and of every religious denomination, who shall be freely admitted to equal advantages and privileges of education, and to all the literary honors of said university, according to their merit, under the direction of twenty-five trustees, to wit: Robert R. Roberts, John Cowgill, A. C. Stevenson, William H. Thornburgh, William Talbott, Rees Hardesty, Joseph Crow, John W. Osborn, Thomas Robison, Hiram E. Talbott, James Montgomery, Daniel Sigler, Isaac Matkins, Tarwin W. Cowgill, William Lee, William K. Cooper, Calvin Fletcher, Gamaliel Taylor, Martin M. Ray, Isaac C. Elston, S. E. Leonard, W. W. Hitt, Joseph A. Wright, Tilman A. Howard, and Jacob Hayes, who with their successors, shall be Trustees of said institution, and shall hold their first meeting at the place of its location, on the first Wednesday of March, 1837.
    That from and after the first day of September, 1847, the number of the board of trustees of said University shall be reduced to twenty-one, who shall have and exercise all the powers delegated to said board by the act to which this is an amendment; and said board of trustees, when so reduced, are hereby authorized and empowered so to classify the members thereof into three divisions, that one-third of the board shall go out of office each year, and shall determine by lot what members thereof shall belong to each of said classes.
    That the term of service of all the members of said board of trustees who shall, on the said first day of September, 1847, have been in office for the period of three years or longer, shall expire on said day, and the Indiana annual conference or conferences of the Methodist Episcopal church, at their next meeting thereafter, shall fill said vacancies, or so many thereof as may be necessary to make said board of the number provided for by this act; and said board, at its next regular meeting hereafter, shall classify the members so elected according to the provisions of said first section.
&HST.As amended by Local Acts 1847, c.71, ss.1,2.&EHST.

&DNM.1847-71-1,3
&YENC.1837
&YAMD.1847
    SEC. 7. That the said trustees and their successors in office, shall meet in stated annual meetings, to be appointed by their own ordinances, and at such other times as by their said ordinances they shall direct, for the purpose of transacting such business for the prosperity and welfare of the institution as may come before them; in all which meetings nine trustees being present shall constitute a quorum for transacting business. But a majority of said twenty-one

trustees shall be required, to make, pass and establish ordinances, rules and by laws, not contrary to the constitution and laws of this State, for the government of said University, and the proper education of its students, and by them to delegate to the president, professors and other teachers, such powers and authorities as they may judge expedient for the government of the institution. And the said majority of trustees shall also have power, at any legal meeting to alter or annul any rules or regulations by them established; and to do all matters and things which they may deem expedient for the faithful fulfilment of their trust.
&HST.As amended by Local Acts 1847, c.71, ss.1,3.&EHST.

&DNM.1847-71-1,4
&YENC.1837
&YAMD.1847
    SEC. 4. That the Indiana Annual Conference, or such other conference or conferences as may be formed out of the same, by the consent of the Indiana Conference, shall fill all vacancies in the board of trustees as may occur by death, resignation or otherwise, at the first meeting of such conference or conferences, after any vacancy may happen; thus keeping up the full number of twenty-one trustees forever. And the said first named conference, or such other conference as may be associated with it by its assent, shall, annually appoint any number of visitors not exceeding nine, who, or so many as shall convene with the board of trustees, shall constitute a joint board, in the permanent appointments of all officers of the said University. Whenever a majority of all the trustees shall declare any one of their body incompetent, for want of moral character; the board of trustees shall declare their seats vacant, and shall thereafter make a temporary appointment to fill the vacancy, until the meeting of the next annual conference, which shall then fill the same as aforesaid. And the visitors, or so many of them as shall act, shall report to the conference next succeeding their appointment, the condition of the university, and whether it is conducted in conformity with its charter. And at the time of the admission of any conference to the participation in the appointments aforesaid, the Indiana Conference, and such other conference as it may assent to associate with, shall divide the appointing power of visitors and trustees in such manner as they may mutually agree upon.
&HST.As amended by Local Acts 1847, c.71, ss.1,4.&EHST.

&DNM.1847-71-1,8,9
&YENC.1837
&YAMD.1847
    SEC. 6. That the said trustees, and their successors shall have authority to make and use a common seal, with such devices and inscriptions as they shall think proper, and the same to change, alter and renew, at pleasure; and shall also, at any regular meeting of the board, when one or more of the visitors shall be present, from time to time, forever hereafter, have full power and authority, to constitute and appoint permanently, in such manner as they shall deem expedient, a president of the university or college of faculties, together with such

professors, and other instructors as may at any time be necessary to form an efficient faculty, for the proper instruction of students in the arts and sciences, in the learned professions, and in all the branches of liberal and professional instruction, as taught in the best universities in our country. And the said president and professors, with such other instructors as may, by the trustees be included, shall be known and distinguished by the name of "The Faculty of the Indiana Asbury University" And in that name, shall be capable of exercising such powers and authorities, rights and privileges in the institution, as shall be delegated to them according to the by-laws enacted by the trustees; and the said board of trustees, may at any meeting make a temporary appointment of any of the foregoing faculty, in the absence of such visitor or visitors, until a regular meeting, at which one or more of such visitors may be present. And a majority of the said twenty-one trustees, together with a majority of the said nine visitors, may, at any time, in joint meeting, by resolution to that effect, declare the appointment or office of any of the faculty or instructors vacant, and proceed to fill such vacancy, at such joint meeting, or any future meeting they may designate.
    Said board of trustees shall have power whenever in their opinion the interests of said University may require it, to organize and establish as a part of said University, a professional school or schools, whether of law or medicine, at such place or places in the State as they may think best; and shall have full power to appoint professors and teachers thereof, subject to the general provisions of the act to which this is an amendment, and to such rules and regulations as said board may from time to time prescribe.
    Whenever any board shall deem it conducive to the interests of said University to establish a law or medical department thereof, whether the same shall be located at Greencastle or elsewhere within the State, they shall have power to hold and possess all the real estate and other property necessary therefor, as fully as they now have power to hold real estate for said University by virtue of the act to which this is an amendment: Provided, That nothing herein contained shall authorize said board to hold real estate for the use of any one professional school so established of a greater value than thirty thousand dollars.
&HST.As amended by Local Acts 1847, c.71, ss.1,8,9.&EHST.

&DNM.1847-71-7
&YENC.1837
&YAMD.1847
    SEC. 2. That the said trustees and their successors, by the name of "The Trustees of the Indiana Asbury University," shall be a body politic and corporate; and as such forever to exist: and are hereby made able and capable in law, to have, possess, purchase, receive, enjoy, and retain, hold or dispose of, for the use of said university, lands, tenements and annuities, and other hereditaments in fee simple, or for a term of years, life, lives, or otherwise; and also money, bonds, bills, notes, goods, chattels, interests or effects, of whatever nature, quality or kind soever; by the gift, bargain, sale or devise of any person or

persons, body politic or corporate, capable of making the same; and the same to grant, demise, sell, alien and confirm, in such manner as they shall judge most conducive to the interests of said university. This corporation shall not hold a greater amount of real estate, (exclusive of college edifices,) than the value of fifty thousand dollars.
    The real estate which by said act said board of trustees is authorized to hold for the use of said University, shall, after the passage of this act, be exempt from any taxation whatsoever, either for State or county purposes.
&HST.As amended by Local Acts 1847, c.71, s.7.&EHST.

&DNM.1847-336-2
&YENC.1847
&YAMD.1847
    SEC. 2. The said trustees and their successors shall be empowered to receive any and all subscriptions, gifts, grants, donations, and bequests, which shall be applied solely to the use and benefit of such church in the manner the trustees thereof may deem most proper and expedient.

&DNM.1847-336-3
&YENC.1847
&YAMD.1847
    SEC. 3. It shall be lawful for such trustees to hold meetings at such places and at such times as it may be deemed by them necessary and their business may require; sit on their own adjournments or the call of the proper officers or a majority of such trustees, and to elect and appoint their officers, and establish such rules and by-laws for their government from time to time as a majority may determine: Provided, however, That such rules and by-laws shall not be incompatible with the laws or constitution of the United States or of the State of Indiana.

&DNM.1847-336-4
&YENC.1847
&YAMD.1847
    SEC. 4. It shall be lawful for the members of the Evangelical Lutheran St. Paul's church to perpetuate the board of trustees hereby appointed, by annual appointment, or by any other mode they may deem proper; and also to fill all vacancies which may at any time occur in said board.

&DNM.1847-336-5
&YENC.1847
&YAMD.1847
    SEC. 5. It shall be the duty of said board of trustees to keep a record of their proceedings, which shall be at all times open to the inspection of all concerned.