THE

Charters and By-Laws

OF

THE TRUSTEES OF

PRINCETON UNIVERSITY

AND

THE RULES OF ORDER OF THE BOARD.

THE PRINCETON UNIVERSITY PRESS 1906

1 A

THE

Charters and By-Laws

OF

THE TRUSTEES OF

PRINCETON UNIVERSITY

AND

THE RULES OF ORDER OF THE BOARD.

THE PRINCETON UNIVERSITY PRESS

1906

r^\

•'^<^^' ^aPA^

General Index

PAGE

I. Statement concerning the Original Charter 5-7

II. Charter 9-20

III. Laws of New Jersey establishing and amending

the Charter, and otherwise relating to the Uni- versity 2 1-43

IV. By-Laws of the Trustees 45-67

V. Rules of Order 69-73

Statement Concerning the Original Charter.

The first Charter passed the Great Seal of the Province of New Jersey on the 226. of October, A. D. 1746. This appears from the facts hereinafter stated, viewed in connection with a Record in the office of the Secretary of State of the State of New Jersey, of which the following is the print of a certified copy.

Extracts Prom the Records of the Province of New Jersey. A Charter to Incorporate Sundry Persons to found a College pass'd the Great Seal of this Province of New Jersey, Tested by John Hamilton, Esq., President of His Majesty's Council, and Commander in Chief of the Province of New Jersey, the 226. October, 1746. State of New Jersey, | Department of State, [ "^ '

I, Henry C. Kelsey, Secretary of State of the State of New Jersey, do hereby certify that the foregoing is a true copy of a certain record as the same is taken from and compared with the original record recorded in Book C 2 of Commissions, on page 137, and now remaining on file in my office.

<im^^ IN TESTIMONY WHEREOF, I have hereunto set my

"^^^i^^ hand and affixed my official seal, at Trenton, this twenty-

HlSM?^ fifth day of March, A. D. 1891.

""^^ (Signed) HENRY C. KELSEY,

Secretary of State. The Charter thus mentioned has been lost — certainly for more than a century. Strange to say, no transcript of it was entered upon the Records of the Province, and no copy, so far as can be ascertained by the authorities of the University, is in existence. It was recently discovered, however, that an extended "Notice," pub- lished at Philadelphia, A. D. 1747, in two Philadelphia journals, con- tains what is clearly a full abstract of the lost instrument. The papers containing this Notice are the Pennsylvania Journal, in its issues of August 13th, 27th, and September loth, and the Pennsylvania Gazette, in its issues of August 13th and 27th. A copy of this docu- ment is given below.

6 • STATEMENT CONCERNING THE ORIGINAL CHARTER

It is manifest, from the date assigned in the Notice to the Charter mentioned therein, viz., October 22, 1746, that the instrument men- tioned was the one whose passage of the Great Seal was recorded, as above set forth, in the Records of the Province of New Jersey. It will also appear, upon a comparison of the Notice with the Charter of the College of New Jersey, granted A. D. 1748, that the Charter men- tioned in the former relates to the institution contemplated in the latter. The names of the corporators and the provisions of the two instru- ments are almost identical,^ and the facts set forth in the notice con- cerning the establishment of a College correspond with well-established facts in the history of what, for one hundred and fifty years, was known as the College of New Jersey. On February 13th, 1896, under legislative authority, the corporate name of the institution was changed from The Trustees of the College of New Jersey to The Trustees of Princeton University.

NOTICE.

THESE ARE TO GIVE NOTICE TO ALL CONCERNED

That by His Majesty's Royal Charter for erecting a College in New Jersey, for the instruction of youth in the learned Languages and in the liberal Arts and Sci- ences, bearing date October 22nd, 1746, Messrs. William Smith, Peter Vanbrugh Livingston, William Peartree Smith, Gent., and Messrs. Johnathan Dickinson, John Pierson, Ebenezer Pemberton, and Aaron Burr, Ministers of the Gospel, are ap- pointed Trustees of the said College; with full power to any four or more of them, to chuse five more Trustees to the exercise of equal power and authority in the said College with themselves. By virtue of which power, the said Trustees, nominated in the Charter, have chosen the Rev. Messrs. Gilbert Tennant, William Tennant, Sam- uel Blair, Richard Treat, and Samuel Finley, as Trustees of the said College of New Jersey : Which Trustees are by the said Charter, constituted a body corporate and politick, both in fact and name, with full power to act as such to all intents and purpose, and rendered capable of a perpetual succession to continue forever. By which Royal Charter, there is authority given to the major part of any seven or

^The number of Trustees (original and elected) mentioned in the notice was only twelve. All of these gentlemen, with the exception of the Rev. Messrs. Dick- inson and Finley, were amongst the corporators mentioned in the Charter of 1748. Of the two gentlemen excepted it should be noted that the Rev. Mr. Dickinson died in 1747, before the granting of the second charter; and that the Rev. Mr. Finley was elected a Trustee in 1751. Dr. Finley held his office as Trustee until 1761, in which year he assumed the office of President of the Institution.

STATEMENT CONCERNING THE ORIGINAL CHARTER 7

more of the said Trustees, and their successors conven'd for that purpose, to pur- chase, receive, and dispose of any possessions, tenements, goods and chattels, gifts, legacies, donations, and bequests, rents,^ profits, and annuities of any kind whatso- ever, and to build any house or houses, as they shall think proper, for the use of the said College. And also by the said Charter is given to the major part of any seven or more of the said Trustees and their successors, full power to chuse, and at pleasure to displace, a President, Tutors, Professors, Treasurer, Clerk, Steward and Usher, with any other ministers and officers as are usual in any of the Universities or Col- leges in the realm of Great Britain. And also by the said Charter, is given to the major part of any seven or more ^ of the said Trustees and their successors, full power to make any laws, acts and ordinances, for the government of the said Col- lege, as are not repugnant to the laws and statutes of the realm of Great Britain, nor to the laws of the Province of New Jersey ; provided, that no person be debarred any of the privileges of the said College on account of any speculative principles of religion; but those of every religious profession have equal privilege and advantage of education in the said College. And also by the said Charter, power is given to the major part of any seven of the said Trustees and their successors, by their President, or any other appointed by them, to give any such degrees as are given in any of the Universities or Colleges in the realm of Great Britain, to any such as they shall judge qualified for such degrees; and power to have and use a common seal to seal and confirm diplomas or certificates of such degrees, or for any other use which they shall think proper.

And these may further notify all concern'd, that the said Trustees have chosen the Rev. Mr. Jonathan Dickinson, President, whose superior abilities are well known ; and Mr. Caleb Smith, Tutor, of the said College; and that the College is now actually opened, to be kept at Elizabeth-Town, till a building can be erected in a more central place of the said ^ province for the residence of the students ; that all who are quah- fied for it, may be immediately admitted to an academick education, and to such class and station in the College, as they are found upon examination to deserve; and that the charge of the College to each student, will be Four Pounds a year New Jersey money, at Eight Shillings per ounce, and no more.

* As in Gazette; omitted in Journal. ^ As in Journal; omitted in Gazette. 'As in Gazette; omitted in Journal. .

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Charter

Note.

The paragraphs that have been re- pealed are printed with stars at the beginning of the lines. Single words, or clauses, that have been altered or repealed are printed in italics.

The Second Charter

of the

College of New Jersey.

[September 14th, 1748.]

George the Second, by the grace of God, of Great Britain, France and Ireland, King, Defender of the Faith, etc., to all to whom these presents shall come, greeting —

Whereas sundry of our loving subjects, well-disposed and public- pj-gamble spirited persons, have lately, by their humble petiton, presented to our trusty and well-beloved Jonathan Belcher, Esquire, Governor and Commander in Chief of our province of New Jersey in America, rep- resented the great necessity of coming into some method for encour- aging and promoting a learned education of our youth in New Jersey, and have expressed their earnest desire that a college may be erected in our said province of New Jersey in America, for the benefit of the inhabitants of the said province and others, wherein youth may be instructed in the learned languages, and in the liberal arts and sciences. And whereas by the fundamental concessions made at the first settle- ment of New Jersey by the Lord Berkley and Sir George Carteret, then proprietors thereof, and granted under their hands and the seal of the said province, bearing date the tenth day of February, in the year of our Lord one thousand six hundred and sixty-four, it was, among other things, conceded and agreed, that no freeman, within the said province of New Jersey, should at any time be molested, punished, disquieted or called in question, for any difference in opinion or practice in matters of religious concernment, who do not actuallv disturb the civil peace of the said province ; but that all and every such person or persons might, from time to time, and at all times thereafter, freely

^ By authority of the General Act of the Legislature approved April 12th, 1894, page 38, and by action of the Board of Trustees taken February 13th, 1896, page 40. the corporate title of "The Trustees of the College of New Jersey" was on October 22d, 1896, changed to "The Trustees of Princeton University."

12

CHARTER

and fully have and enjoy his and their judgments and consciences, in matters of religion, throughout the said province, they behaving them- selves peaceably and quietly and not using this liberty to licentiousness, nor to. the civil injury or outward disturbance of others, as by the said concessions on record in the Secretary's office of New Jersey, at Perth Amboy, in lib. 3, folio 66, etc., may appear. Wherefore and for that the said petitioners have also expressed their earnest desire that those of every religious denomination may have free and equal liberty and advantages of education in the said college, any different sentiments in religion notwithstanding, We being willing to grant the reasonable requests and prayers of all our loving subjects, and to promote a liberal and learned education among them —

Know ye therefore, that we, considering the premises, and being willing for the future that the best means of education be estab- lished in our said province of New Jersey, for the benefit and advan- tage of the inhabitants of our said province and others, do, of our special grace, certain knowledge and mere motion, by these presents, will, ordain, grant, and constitute, that there be a college erected in our said province of New Jersey, for the education of youth in the learned languages and in the liberal arts and sciences;^ and that the trustees of the said college and their successors for ever, may and shall be one body corporate and politic, in deed, action and name, and shall be called, and named and distinguished, by the name of The Trustees of the College of New Jersey^ and further, we* have willed, given, granted, constituted, and appointed, and by this our present charter, of our special grace, certain knowledge, and mere motion, we do, for us, our heirs and successors, will, give, grant, constitute, and ordain, that there shall, in the said college, from hence- forth for ever, be a body politic, consisting of Trustees of the said College of New Jersey. And, for the more full and perfect erection of the said corporation and body politic consisting of Trustees of the College of New Jersey, we, of our special grace, certain knowledge, and mere motion, do, by these presents, for us, our heirs and suc-

' Extended by the Act of March nth, 1864. ^See foot-note ^ page 11.

CHARTER

13

Jersey, for the time being, and also our trusty and well-beloved John cessors, create, make, ordain, constitute, nominate, and appoint, the Governor and Commander in Chief of our said province of New Reading, James Hude, Andrew Johnston, Thomas Leonard, John Kinsey, Edward Shippen and William Smith, Esquires, Peter Van- Brugh Livingston, William Peartree Smith, and Samuel Hazard, gen- tlemen, John Pierson, Ebenezer Pemberton, Joseph Lamb, Gilbert Tennent, William Tennent, Richard Treat, Samuel Blair, David Cowell, Aaron Burr, Timothy Jones, Thomas Arthur, and Jacob Green, ministers of the gospel, to be Trustees of the said College of New Jersey.

* That the said Trustees do, at their first meeting, after the re-

* ceipt of these presents, and before they proceed to any business, take

* the oath appointed to be taken by an act, passed in the first year

* of the reign of the late King George the First, entitled, "An act

* for the further security of his Majesty's person and government,

* and the succession 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" ; as

* also that they make and subscribe the declarations mentioned in an act of parliament, made in the twenty-fifth year of the reign of King Charles the Second, entitled, "An act for preventing dangers which may happen from popish recusants" ; and likewise take an oath for faithfully executing the office or trust reposed in them, the

* said oaths to be administered to them by three of his Majesty's

* justices of the peace, quorum unus; and when any new member

* or officer of this corporation is chosen, they are to take and sub-

* scribe the aforementioned oaths and declarations before their admis-

* sion into their trusts or offices, the same to be administered to them

* in the presence of the Trustees, by such person as they shall appoint

* for that service.^

That no meeting of the Trustees shall be valid or legal for doing any business whatsoever, unless the clerk has duly and legally notified each and every member of the corporation of such meeting; and that

Names of corporators

Oaths to be taken by Trustees

By whom oaths are to be adminis- tered

Notice of meeting of Trustees

* The entire clause relative to oaths repealed and supplied by Act of March 13th, 1780; and further amended by Act of March 29th, 1866.

14

CHARTER

before the entering on any business, the clerk shall certify such notifi- cation under his hand, to the Board of Trustees.

That the said Trustees have full power and authority or any thirteen^ or greater number of them, to elect, nominate, and appoint, and associate unto them, any number of persons as Trustees upon any vacancy, so that the whole number of Trustees exceed not tzventy- three^ whereof the President of the said college for the time being, to be chosen as hereafter mentioned, to be one, and twelve of the said Trustees to be always such persons as are inhabitants of our said province of New Jersey. And we do further, of our special grace, certain knowledge, and mere motion, for us, our heirs and successors, will, give, grant, and appoint, that the said Trustees and their suc- cessors shall, for ever hereafter, be in deed, fact and name, a body corporate and politic; and that they, the said body corporate and politic, shall be known and distinguished in all deeds, grants, bargains, sales, writings, evidences, muniments, or otherwise howsoever, and in all courts for ever hereafter, plead and be impleaded, by the name of The Trustees of the College of New Jersey.^

And that they, the said corporation, by the name aforesaid, shall be able, and in law capable, for the use of the said college, to have, get, acquire, purchase, receive and possess lands, tenements, heredita- ments, jurisdictions, and franchises, for themselves and their suc- cessors, in fee simple or otherwise howsoever ; and to purchase, receive or build, any house or houses, or any other buildings, as they shall think needful or convenient for the use of the said College of New Jersey, and in such place or places in New Jersey, as they, the said Trustees shall agree upon, and also to receive and dispose of any goods, chattels, and other things of what nature soever, for the use aforesaid: and also to have, accept and receive, any rents, profits, annuities, gifts, legacies, donations and bequests, of any kind what- soever, for the use aforesaid, so, nevertheless, that the yearly clear value of the premises do not exceed the sum of two thousand pounds

^ Altered to nine, provided that the Governor of the State, or the President of the College, or the senior Trustee, be one of the nine; by the Act of Nov. 2d, 1781. ^ Altered to twenty-seven by the Act of April 6th, 1868. ^ See foot-note ^ page 11.

CHARTER

15

Salaries

Who to preside

sterling.^ And therewith or otherwise to support and pay, (as the said Trustees and their successors, or the major part of such of them as [according to the provision herein afterwards] are regularly convened for that purpose, shall agree and see cause,) the President, tutors, and other officers or ministers of the said college, their respective annual salaries or allowances, and all such other necessary and contingent charges as from time to time shall arise and accrue, relating to the said college; and also to grant, bargain, sell, let, set or assign, lands, Contracts tenements or hereditaments, goods or chattels, contract or do all other things whatsoever, by the name aforesaid, and for the use aforesaid, in as full and ample manner, to all intents and purposes, as any natural person or other body politic or corporate is able to do, by the laws of our realm of Great Britain, or of our said province of New Jersey. And to our further grace, certain knowledge and mere motion, to the intent that our said corporation and body politic may answer the end of their erection and constitution, and may have perpetual suc- cession and continue forever, We do for us, our heirs and successors, hereby will, give, and grant, unto the said Trustees of the College of New Jersey, and to their successors forever, that when any thirteen^ of the said Trustees, or of their successors, are convened and met together as aforesaid, for the service of the said college, the Governor and Commander in Chief of our said province of New Jersey, and in his absence, the President of the said college, and in the absence of the said Governor and President, the eldest Trustee present at such meet- ing, from time to time, shall be President of the said Trustees in all their meetings : and at any time or times such thirteen'^ Trustees con- vened and met as aforesaid, shall be capable to act as fully and amply, to all intents and purposes, as if all the Trustees of the said college were personally present ; provided always, that a majority of the said thirteen^ Trustees be of the said province of New Jersey, except after

Quorum

* Altered to the value of twenty thousand bushels of wheat by the Act of March 13, 1780; to twenty thousand dollars, May 27, 1799; to one hundred thousand dollars, March 11, 1864; to tive hundred thousand dollars, by resolution of the Trustees adopted June 17, 1889, and filed in the office of the Secretary of State, June 26, 1889, in accordance with the provisions of the Act of March 27, 1889.

'See foot-note * page 14.

16

CHARTER

Majority of quorum to decide

Meetings, how called

Election of President

Tutors and Professors

Power of removal

regular notice they fail of coming, in which case those that are present are hereby empowered to act, the different place of their abode not- withstanding; and all affairs and actions whatsoever, under the care of the said Trustees, shall be determined by the majority or greater number of those thirteen,^ so convened and met together, the President whereof shall have no more than a single vote.

And we do for us, our heirs and successors, hereby will, give and grant full power and authority, to any six or more of the said Trustees, to call meetings of the said Trustees, from time to time, and to order notice to the said Trustees of the times and places of meeting for the service aforesaid.

And also we do hereby for us, our heirs and successors, will, give and grant to the said Trustees of the College of New Jersey, and to their successors for ever, that the said Trustees do elect, nominate and appoint such a qualified person as they, or the major part of any thirteen^ of them convened for that purpose as above directed, shall think fit, to be the President of the said college, and to have the immediate care of the education and government of such students as shall be sent to, and admitted into the said college, for instruction and education; and also that the said Trustees do elect, nominate and appoint so many tutors and professors, to assist the President of the said College, in the education and government of the students belonging to it, as they, the said Trustees, or their suc- cessors, or the major part of any thirteen^ of them, which shall convene for that purpose as above directed, shall, from time to time, and at any time hereafter, think needful and serviceable to the interests of the said college; and also, that the said Trustees and their successors, or the major part of any thirteen^ of them, which shall convene for that purpose, as above directed, shall at any time displace and discharge from the service of the said college such President, tutors and pro- fessors, and to elect others in their room and stead ; and also, that the said Trustees or their successors, or the major part of any thirteen''- of them, which shall convene for that purpose, as above directed, do from time to time, as occasion shall require, elect, constitute, and

* See foot-note ^ page 14.

CHARTER

17

appoint a treasurer, a clerk, an usher, and a steward, for the said college, and appoint to them, and each of them, their respective busi- ness and trusts, and displace and discharge from the service of the said college such treasurer, clerk, usher, or steward, and to elect others in their room and stead ; which President, tutors, professors, treasurer, clerk, usher, and steward, so elected and appointed, we do for us, our heirs and successors, by these presents constitute and establish in their several offices, and do give them, and every of them, full power and authority to exercise the same in the said College of New Jersey, according to the direction, and during the pleasure of the said Trustees, as fully and freely as any other the like officers in our universities or any of our colleges in our realm of Great Britain, lawfully may and ought to do.

And also that the said Trustees, and their successors, or the major part of any thirteen^ of them, which shall convene for that purpose as above directed, as often as one or more of the said Trustees shall happen to die, or by removal or otherwise shall become unfit or uncapable, according to their judgment, to serve the interest of the said college, do, as soon as conveniently may be after the death, removal or such unfitness or incapacity of such Trustee or Trustees to serve the interest of the said college, elect and appoint such other Trustee or Trustees as shall supply the place of him or them so dying, or otherwise becoming unfit or uncapable to serve the interest of the said college; and every Trustee so elected and appainted shall, by virtue of these presents, and of such election and appointment, be vested with all the power and privileges which any of the other Trustees of the said college are hereby invested with.

And we do further, of our special grace, certain knowledge and mere motion, will, give and grant, and by these presents do, for us, our heirs and successors, will, give and grant unto the said Trustees of the College of New Jersey, that they and their successors, or the major part of any tJiirteen^ of them, which shall convene for that purpose as above directed, may make, and they are hereby fully em- powered from time to time, freely and lawfully to make and establish

Other officers

Power of officers

Election of Trustees

Laws for the governifnent of the college

^ See foot-note * page 14.

18

CHARTER

such ordinances, orders and laws, as may tend to the good and whole- some government of the said _ college, and all the students and the several officers and ministers thereof, and to the public benefit of t"he same, not repugnant to the laws and statutes of our realm of Great Britain, or of this our province of New Jersey, and not excluding any person of any religious denomination whatsoever from free and equal liberty and advantage of education, or from any of the liberties, privileges, or immunities of the said college, on account of his or their being of a religious profession different from the said Trustees of the said college; and such ordinances, orders, and laws, which shall be so as aforesaid made, we do, by these presents, for us, our heirs and successors, ratify, allow of, and confirm, as good and effectual, to oblige and bind all the said students and the several officers and ministers of the said college ; and we do hereby authorize and empower the said Trustees of the college, and the President, tutors, and pro- fessors, by them elected and appointed, to put such ordinances and laws in execution to all proper intents and purposes.

And we do further, of our especial grace, certain knowledge, and mere motion, will, give and grant unto the said Trustees of the College of New Jersey, that, for the encouragement of learning and animating the students of the said college to diligence, industry, and a laudable progress in literature, that they and their successors, or the major part of any thirteen^ of them, convened for that purpose as above directed, do, by the President of the said college for the time being, or by any other deputed by them, give and grant any such degree and degrees to any of the students of the said college, or to any others by them thought worthy thereof, as are usually granted in either of our universities or any other college in our realm of Great Britain- ; and that they do sign and seal diplomas or certificates of such gradua- tions, to be kept by the graduates as perpetual memorials or testi- monials thereof.

And further, of our special grace, certain knowledge, and mere motion, we do, by these presents, for us, our heirs and successors; give and grant unto the said Trustees of the College of New Jersey and to

* See foot-note ^ page 14.

" Extended by the Act of March 29th, 1866.

CHARTER 19

their successors, that they and their successors shall have a common Seal, under which they may pass all diplomas, certificates of degrees, and all other the affairs and business of and concerning the said cor- poration, or of and concerning the said College of New Jersey, which shall be engraven in such form and with such inscription as shall be devised by the said Trustees of the said college, or the major part of any thirteen'^ of them, convened for the service of the said college as above directed.

And we do further, for us, our heirs and successors, give and inferior officers grant unto the said Trustees of the College of New Jersey and their successors, or the major part of any thirteen^ of them, convened for the service of the college as above directed, full power and authority from time to time, to nominate and appoint all other inferior officers and ministers, which they shall think to be convenient and necessary for the use of the college, not herein particularly named or mentioned, and which are accustomary in our universities, or in any of our colleges in our realm of Great Britain, which officers or ministers we do hereby empower to execute their offices or trusts as fully and freely as any other the like officers or ministers, in and of our universities or any other college in our realm of Great Britain, lawfully may or ought to do.

And lastly, our express will and pleasure is, and we do by these presents for us, our heirs and successors, give and grant unto the said Trustees of the College of New Jersey and to their successors for ever, that these our letters patent, or the enrolment thereof, shall be good and effectual in the law, to all intents and purposes, against us, our heirs and successors, without any other license, grant or confirma- tion from us, our heirs and successors, hereafter by the said Trustees to be had or obtained ; notwithstanding the not reciting or misrecital, or not naming or misnaming of the aforesaid offices, franchises, privi- leges, immunities, or other the premises, or any of them : and not- withstanding a writ of ad quod damnum hath not issued forth to inquire of the premises or any of them, before the ensealing hereof; any statute, act, ordinance or provision, or any other matter or thing

^ See foot-note ^ page 14.

20 CHARTER

to the contrary notwithstanding; to have, hold, and enjoy, all and singular the privileges,, advantages, liberties, immunities, and all other the premises herein and hereby granted and given, or which are meant, mentioned, or intended to be herein and hereby given and granted, unto them the said Trustees of the said College of New Jersey,and to their successors for ever.

In Testimony whereof w^e have caused these our letters to be made patent, and the Great Seal of our said province of New Jersey to be hereunto affixed. Witness our trusty and well-beloved Jona- than Belcher, Esquire, Governor and Commander in Chief of our said province of New Jersey, this fourteenth day of September, in the twenty-second year of our reign, and in the year of our Lord, one thousand seven hundred and forty-eight.

I have perused and considered the written Charter of incor- •^f^^^. poration, and find nothing contained therein inconsistent Si^MI?^ with his Majesty's interest or the honor of the Crown. "^^"^ (Signed) J. WARRELL, Att. Gen'l

September the 13th, 1748. — This Charter, having been read in Council, was consented to and approved of.

(Signed) CHA. READ, CI Con.

Let the Great Seal of the Province of New Jersey be affixed to this Charter.

(Signed) J. BELCHER.

To the Secretary of the Province of New Jersey.

Laws of New Jersey

Establishing and Amending

The Charter

and otherwise relating to

The University

Index of Amendments

PAGE

I. Act of March 13, 1780 23

II. " " November 2, 1781 ; 26

III. " " November 20, 1786 27

IV. " " February 19, 1796 28

V. " " May 27, 1799 29

VI. " " March 11, 1864 32

VII. " " March 29, 1866 33

VIII. " " April 6, 1868 33

IX. General Act relating to Corporations organized for Re- ligious, Benevolent and Educational Purposes, March

27, 1889 , 33

Resolutions of Trustees under Act of March 27, 1889. ... 35 X. Supplement to Act to Incorporate Societies for the Pro- motion of Learning, April 12, 1894 36

XI. General Act authorizing Colleges and Universities to increase the number of their Trustees, February 18,

1901 38

XII. General Act concerning Corporations organized for Re- ligious, Educational, Charitable or Benevolent Pur- poses, April 28, 1905 40

Laws of New Jersey Establishing and Amending- the Charter.

I.

* AN ACT for amending and establishing the Charter of the College of New Jersey. [March 13th, 1780.]

* Whereas the Trustees of the College of New Jersey,^ by their

* humble petition presented to the legislature, have set forth, that his

* majesty George the Second, King of Great Britain, by his royal

* charter of incorporation, under the great seal of the then province Preamble ''• of New Jersey, and bearing date the fourteenth day of September,

* in the twenty-second year of his reign, was pleased to incorporate

* sundry persons, to the number of twenty-three, by the name and

* style of "The Trustees of the College of New Jersey"; and did

* thereby among other things, grant unto them power and authority

* to erect, endow and govern a college for the instruction of youth

* in the learned languages, and liberal arts and sciences, as by the said

* charter of incorporation, recorded in the Secretary's office at Perth

* Amboy, in book C, No. 2, pages 196 to 204, inclusive, reference

* being thereunto had, may more fully and at large appear: And

* WHEREAS the said Trustees, by their said petition, have prayed that

* the same charter may be established and confirmed under the present

* happy constitution, with certain alterations and amendments, in

* their said petition mentioned and described : And whereas all wise

* legislatures have deemed the education of youth to be of the utmost

* importance to the prosperity of a State, and have taken institutions

* for that purpose established under their patronage and protection :

* And whereas the said College of New Jersey hath been found

* greatly useful in diffusing as well the principles of political liberty,

* as of religion and literature, and many have thereby been fitted to

* Repealed and supplied by the Act of May 27th, 1799. *See foot-note ^ page 11.

24

LAWS AMENDING THE CHARTER

Charter, with

exceptions,

confirmed

Trustees, their privileges, etc.

Clause in charter respecting oaths, repealed

* fill distinguished places, both in the civil and ecclesiastical depart-

* ments of this and of the other United States, with advantage to the

* community and honor and reputation to themselves : therefore, for granting the prayer of the petition of the said Trustees, so far forth as the same appears just and reasonable —

* I. Be it enacted by the council and general assembly

OF THIS STATE, AND IT IS HEREBY ENACTED BY THE AUTHORITY OF

THE SAME, That the said charter, with all andsingulartheadvantages. privileges and immunities, and all other matters and things therein contained, such clauses and parts only excepted as are by this act repealed, altered or amended, is hereby established and confirmed; and shall for ever hereafter be held and esteemed as good and effectual in law, to all intents, constructions and purposes, as the same hath heretofore been held and esteemed, and as if the same were herein particularly recited ; and misuser, non-user, or any other ^ default heretofore committed or suffered notwithstanding.

* 2. And be it enacted by the authority aforesaid. That

* the said Trustees of the College of New Jersey, and their successors,

* shall and may forever hereafter have, hold and enjoy, all and

* singular the advantages, privileges and immunities, granted in the

* said charter, and hereby confirmed unto them and their successors,

* in as full, ample and beneficial a manner, as if the same were given

* and granted to them by a law of this State, and as if every of the

* said advantages, privileges and immunities, were in the said law

* particularly enumerated and specified; any law, usage or custom..

* relating to charters, notwithstanding.

* 3. And be it enacted by the authority aforesaid. That the clause in the said charter directing and requiring the said Trustees, and each of them, and every officer of the said corporation by them appointed, to take the oath of allegiance to the king of Great Britain and to make and subscribe the declaration as estab- lished by act of parliament under the former government, be and it hereby is repealed, discontinued, annulled and made void ; and

* in lieu thereof, such of the said Trustees or officers as are inhabi-

* Repealed and supplied by the Act of May 27th, 1799.

LAWS AMENDING THE CHARTER

25

tants of this State, and each of them, shall, at the next meeting of the said corporation after the passing of this act, or before they proceed further to execute their respective trusts and offices, take and subscribe the oaths or affirmations of allegiance and adjuration, as appointed and set forth in an act of the Council and General Assembly entitled, "An act for the security of the government of New Jersey," made and passed the nineteenth day of September, in the year of our Lord one thousand seven hundred and seventy-six.

* to be administered by any one justice of the peace of this State; and

* such of them as are inhabitants of any other of the United States

* shall take and subscribe the oath or affirmation of adjuration in manner as aforesaid, and shall also produce a certificate from some one justice of the peace of the State to which they may respectively belong, setting forth that they have taken the oath or affirmation of allegiance to the said State ; and when any new member or officer

* of the said corporation shall be chosen, he shall take and subscribe

* the before mentioned oaths or affirmations, or take and subscribe

* the oath or affirmation of abjuration, and produce the certificate as

* aforesaid, before he is admitted to exercise his trust or office; the

* said oaths or affirmations to be administered, in presence of the said

* Trustees, by the President of the said corporation for the time being.

* 4. And be it further enacted by the authority afore- =^ said, That the said Trustees, and cheir successors, shall and may ^ hold and enjoy any estate whatsoever, the clear yearly value whereof

* shall not exceed the value of twenty thousand bushels of wheat ;^

* any article or clause in the said charter to the contrary notwith-

* standing.

* Passed at Trenton, March 13th, 1780.

Oaths to be taken by- trustees

By whom oaths to be administered

Limitation of estate

* See foot-note, p. 15.

26

LAWS AMENDING THE CHARTER

Preamble

Nine to form a quorum

II.

* A SUPPLEMENTAL ACT to an Act entitled "An Act for amend-

* ing and establishing the Charter of the College of New Jersey."

[November 2d, 17S1.]

* Whereas the Trustees of the College of New Jersey, by their

* petition to the legislature, have represented that, by their charter

* of incorporation, the number of thirteen Trustees is necessary to

* constitute a quorum for the transaction of all business relating to

* the said institution, to the great injury of their trust, by reason of

* the non-attendance of many of their members who live at a distance ;

* and have prayed that the said quorum may be lessened; and have

* also set forth that, notwithstanding the laws heretofore made and

* provided, divers soldiers of the troops and militia of these United

* States are often billeted and quartered in the buildings and their

* appurtenances provided for the reception, convenience and improve-

* ment of the students belonging to the said institution, to the great

* injury and destruction thereof; and as it is thought reasonable, in

* order to promote the ends of so valuable and important an institu-

* tion, to grant the prayer of the petitioners —

* I. Be IT THEREFORE ENACTED BY THE CoUNCIL AND GENERAL

* Assembly of this State, and it is hereby enacted by the

* authority of the same. That from and after the passage of this

* act, it shall and may be lawful for any nine of the said Trustees, or

* a greater number of them, to convene and meet together ; and being

* so convened and met together, to form a board of the corporation

* instituted by the said charter, and be in all things a sufficient quorum

* for the doing, performing and transacting all and every the duties

* and business of their said trust, to all intents and purposes whatever,

* as effectually as if thirteen of the said Trustees had so met and

* convened together for the purposes aforesaid, and shall, for and

* during the continuance of this act, be taken and considered as a full

* quorum of the said Trustees, in as full and ample manner, and with

* the like powers, authorities, and interests as are given to and vested

* in thirteen of the said Trustees, in and by their said charter of incor-

* poration, and shall be under the same directions, conditions, restric-

* tions, provisos, and limitations, as to the benefit, conveniency and

* meetings of the said Trustees, as are contained in the said charter

* This Act, made perpetual by the Act of November 20th, 1786, was repealed, and the first