xt71jw86hm5s https://exploreuk.uky.edu/dips/xt71jw86hm5s/data/mets.xml University of Kentucky. 1866 books b92-179-30418298 English Gazette Printing Co., : Lexington, Ky. : Contact the Special Collections Research Center for information regarding rights and use of this collection. University of Kentucky By-laws. University of Kentucky Charters. Charter and the other acts of the legislature relating to Kentucky University : together with the statutes and laws / as revised and adopted by the Board of Curators, July 12, 1866 ; to which is appended an historical sketch of the University.ity. text Charter and the other acts of the legislature relating to Kentucky University : together with the statutes and laws / as revised and adopted by the Board of Curators, July 12, 1866 ; to which is appended an historical sketch of the University.ity. 1866 2002 true xt71jw86hm5s section xt71jw86hm5s THE CHARTER AND THE OTHER ACTS OF THE LEGISLATURE RELATING TO KENTUCKY UNIVERSITY: TOGETNER WITH T.IE STATUTES AND LAWS, AS REVISED ANTD ADOPTED BY THE BOARD OF CURATORS, JULY 12, 18366. TO WHICH Is APPENDED AN HISTORICAL SKETCH OF THE UNIVER.SITY. LEXINGTON, KY.: GAZETTE PRINTING COMPANY. 1866. CONTENTS. PAGE. Charter of University ________________________________________________ 3 Act to consolidate Kentuckv University and Transylvania University ____ 8 Act establishing the Agricultural and Mechanical College -----------------10 Act in relation to the Agricultural College --------_--------------------13 General Plan of the University--------------------------------------- 14 The Academy ---- - ----------------------------------------------- 15 General Government-----------------------------------____________ 15 The Board of Curators------------------------------------------------ 15 The Office of Regent-------------------------------------------------- 17 The Executive Committee -------------------------------------------- 17 The Faculties ------ -_ __________________________ 18 The University Senate _______--____________________________-21 Admission and Matriculation-----------------------_________________ 22 Course of Instruction------------------------------------------------ 24 Literary and Religious Societies___ ________________________________ 27 Public Worship -------------____________-------------------------- - 28 Residence of Students, Boarding-houses, c. ----------------------------28 The Steward and his Duties ______________- ________________________ 29 Discipline ______________________________________________ 29 The Library--------------------------------------------------------- 30 Of Examinations and the Scale of Merit -------------------------------31 Graduation ____________________-- ___________________________-32 Historical Sketch of Kentucky University -----------------------------35 CHARTER Of KENTUCKY UNIVERSITY. WHEREAS, an Institution of learning, known and called by the name of Bacon College, was founded by certain members of the body of the "Disciples of Christ," denominated Christians, and was chartered by the Legislature of Kentucky in the year 1836; and whereas, said Institution, after a series of unsuccessful ef- forts for its pernarlent encowinentraad establishment, suspended its regular collegt e-opwralcxiu; anid whereas, in view of the edu- cational wants of the stid 'body-of Christians ir. Kentucky, and of their wishes for the pornianeAt succeas of said Institution, known and expressed at various tiumei, a plan for its full endow- ment and re-organization has been presented and prosecuted by John B. Bowman, of Mercer county, Ky., which has resulted thus far in the raising of 150,000 of Endowment Fund; and whereas, it is desired to establish a first-class University upon a more mod- ern, American, and Christian basis; and to carry out such design it is necessary to amend and extend the provisions of the Charter of said Institution; therefore, 1. Be it enadted by the General Assembly of the Commonwealth of Kentucky, That said Institution known and called by the name of Bacon College, and located at Harrodsburg, in the county of Mercer, and State of Kentucky, shall be, from and after the pas- sage of this act, knowp and called by the name of Kentucky Uni- versity. 2. And be it further enacted, That John B. Bowman, Jas. Tay- lor, John Aug. Williams, Ben. C. Allin, A. G. Kyle. A. H. Bow- man, J. A. Dearborn, D. W. Thompson, A. G. Vivion, P. B. Thompson, Wim. A. Cooke, G. D. Runyon, A. Gallatin Talbott, P. B. Mason, C. T. Worthington, G. W. Givens, James C. Stone, A. GI. Herndon, R. C. Graves, Wm. Morton, Joseph Wasson, John 4 Curd, W..,W. MeKenney, W. L. Williams, John Allen Gano, John I. Rogers, Zachery F. Smnith, Robert C. Rice, Theodore S. Bell, and Enos Campbell, shlall be, and they and their successors in office are hereby constituted, a body politic and corporate, to be known by the name of the Curators of Kentucky University, and by that name shall have perpetual succession and existence, and a commonoseal, which seal they may change and alter at pleas- ure; and by the aforesaid name, and in their corporate capacity, may sue and be suied, plead and be impleaded, contract and be contracted with, answer and be answered. in all courts of law and equity. And the same, in their corporate name, are hereby in- vested with the legal right to all the property and estate, real and personal, as well as all the rights and claims heretofore vest- ed in the Trustees of the said Bacon College; and may, in said corporate name, sue for and recover the same in as full and ample manner as the said Trustees of Bacon College could have done prior to this act. 3. For the purpnse of promoting the cause of education in all its branches, and extending the sphere ot sc.ernce and Christian morality, the Curatori aforesaid, and tbeir successors, shall have power, from time to time. Lo establish end eanow fully, in said University, any departments and p-ofessorships which they may deem necessary to carry out Lhe aforesaid objects. They and their successors shall furthermore have full power, in their corpo- rate capacity, to hold by gift, grant, devise, demise, or otherwise, any lands, tenements, hereditaments, moneys, rents, goods, chat- tels, or interests of any kind whatever, which may be given, granted, demised, devised to, or purchased by them, for the use and benefit of said University; also, may sell, lease, rent, and dis- pose of the same, or any part thereof, in any way whatsoever they may adjudge most useful to the interests of said University. 4. They shall also have full power to select and employ any officers and agents they shall deem proper; also, such president, professors, instructors, and tutors, as they may, from time to time, consider necessary; also, to make, ordain, establish, and execute, or cause to be executed, all such by-laws, rules. and ordinances, not inconsistent with the constitution and laws of the United States or of this State, as they may think necessary for the wel- fare of said Institution, for their own government, the good gov- ernment of the professors, instructors, tutors, agents, officers, and students of the same, and generally to do all acts necessary and proper to promote the welfare and prosperity of said University. 5 5. The permanent officers of the Board of Curators shall con- sist of a President, Secretary, Treasurer, and Executive Commit- tee, all of whom shall be annually elected by the Curators from their own number, except the Treasurer, who may be elected out of the Board. 6. The Secretary of the Board shall keep a fair and correct record of all the proceedings of the Board, in a good and sub- stantial book, which record shall be signed by the President and Secretary before the adjournment of each meeting, and shall at any tine be subject to the inspection and examination of any member of the Board, or any donor of the Institution. He shall file away and carefully preserve all such documents and papers pertaining to his office and to the Institution as may come into his hands, which shall upon his death, resignation, or removal from office, be delivered up to the Board, and he shall perform such other duties as the Curators may prescribe. 7. The Treasurer, before he enters upon the duties of his office, shall enter into a-bond with ample security, in the penalty of one hundred thousand dollars, for the faithful discharge of the duties of his office. He shall take charge of all the funds of the Institution; he shall pay over all money that may come into his hands upon the order of the Board, indorsed by the President thereof; he shall pay out no money except upon such order of the Board; he shall render a true account current of the state of his office to the Board of Curators at its annual rneeting, which ac- count must be accompanied by the certificate of the Executive Committee, signed by each member thereof, and stating that it has been examined, and that it is correct, after which it shall then be published; and no person shall be eligible to re-election as Treasurer until such report is made, examined, and approved by the Board of Curators. He shall, furthermore, when his term of service expires, or he shall resign his office, or be removed there- from, deliver up to the Executive Committee, or their order, all the books and papers. pertaining to his office, and in each and every particular account for and pay over all money or other thing of value which may come into his hands as Treasurer. He shall also permit his books to be examined at any and all times by the Executive Committee, or any donor of the Institution. The bond of the Treasurer shall be placed in the hands of the Secretary of the Board, and shall be renewed upon a re-election to the office, which bond shall be made payable to the Curators of said University. 6 8. For the ownership and control of said University, at least two thirds of the Board of Curators shall always be members of the Christian Church in Kentucky. At no time shall any member of the Faculty be a member of the Board. 9. An annual meeting of the Board of Curators shall be held during the commencement week of the University, at which time they shall cause to be published a general account of the condition of the Institution. A meeting shall be called at any other time by the President of the Board, at the suggestion of any three members thereof, or of the President of the University. Nine members shall constitute a quorum for ordinary business, one of whom shall be President pro tem., in the absence of the President of the Board, and less than a quorum shall have the power of adjourning from day to day, or to any future day, until a quorum shall be had. 10. A majority of all the Curators shall have power to remove a Curator from office for any cause they may deem sufficient, and shall have power also to define the qualifications of a Curator; and whenever any curator shall absent himself from two succes- sive annual meetings of the Board, without assigning a sufficient reason therefor, his seat shall be declared thereby vacant, and the Board shall at its next meeting proceed to the election of a new Curator to fill such vacancy. All vacancies by death, resignation, or removal from office, or otherwise, shall be filled by a quorum. 11. No less than a majority of the whole Board shall have power to appoint the President, professors, instructors, tutors, and all other officers and agents, to fix their compensation, or in- crease or diminish the same, to remove the same from office for sufficient cause, and to fill all vacancies in the same, whether by death, resignation, removal, or otherwise: Provided, a vacancy may be filled by a quorum until a meeting of said majority shall be held. 12. The Curators, upon the recommendation of the President and Faculty of the University, shall have power to grant such lit- erary honors as are usually granted by the best colleges and uni- versities in the United States, and such other honors as the Board and the Faculty may think necessary, and in testimony thereof, to give suitable certificates or diplomas, under the seal of the cor- poration; and every such diploma shall entitle its possessor to all the immunities and privileges which by any law or usage are allowed to the possessors of diplomas granted by any college or university in the United States. 7 13. All the provisions of the charter of Bacon College, here- tofore enacted, which are in conflict with the provisions of this act, are hereby annulled and repealed. 14. All lands, money, or other property, which may, by dona- tion, devise, deed of gift, or otherwise, be contributed to said University, shall be strictly applied according to the instructions given by the donor or testator; and all money thus donated as a permanent endowment fund shall be principal, and shall be, as the same accrues, invested in good, safe, profitable, and permanent stocks, which shall remain forever intact, and the amount where- of is to be in no respect or in any manner whatever diminished, subject, however, as necessity may demand, to investment and reinvestment in such stocks. The proceeds of such stocks, either in the form of dividend, or interest, or rents, shall be a fund in the hands of the Treasurer, subject to the order of the Board of Curators, and shall be used as the Board may direct, for the pur- poses of the University. 15. For maintaining and carrying out effectually the discip. line of said University, be it further enacted, that if. by any per- son, money be lent or advanced, or any thing sold, or let to hire, on credit, to or for the use of any student or pupil under twenty- one years of age, at the said University, without the previous per- mission, in writing, of his parents or guardian, or the authorized officers of said Institution, nothing shall be recovered therefor by action of debt, and there shall moreover be forfeited to the Insti- tution twenty dollars and the amount or value of such money or other thing. Where such selling, letting, lending, or advancing is by an agent, such forfeiture shall be by his principal, unless the principal shall, within ten days after he has knowledge or inform- ation of the selling, letting, lending, or advancing, give notice, in writing, to the President, or other head of the Institution, that it was done without his knowledge or consent, in which case the forfeiture shall be by the agent. 16. If any person so violate the last above-named section of this act, as to be liable to the forfeiture thereby declared, he shall moreover be fined not less than fifty nor more than three hundred dollars, and, upon conviction, he shall be bound by the court in a sum not less than five hundred dollars, with at least two sufficient securities, to be of good behavior for one year; and any subse- quent violation of the section aforesaid shall be held to be a for- feiture of the recognizance. 17. It shall be the duty of the judge of the Mercer Circuit Court to give the fifteenth and sixteenth sections of this act in 8 charge to the grand jury at each and every term of said court, and the penalties imposed in the above-named sections for a violation or violations of any of the provisions thereof, shall be recovered by indictment found by the grand jury; one half of the aforesaid penalty to go to the attorney of the Commonwealth. 18. That if the President, or any agent, or the Treasurer, or any other officer of the Board of Curators of the University, with- out the authority of the Board, properly given and entered of record, as before directed, appropriate any of the funds of the Institution to his own use, or that of any other person, or shall will- fully fail to make correct entries, or shall knowingly make false entries upon the books of the Institution, with the intent to cheat or defraud the same, or any contributor to the funds thereof, or to hide or conceal any improper appropriation of said funds, the per- son so offending shall be deemed guilty of felony, and shall, upon conviction thereof, be sentenced to confinement in the jail or pen- itentiary of the State for a period of not less than one or more than twenty years. 19. The Board of Curators of Kentucky University shall con- sist of not less than thirty members, a majority of whom shail at all times reside out of the county of Mercer; and in any county of this State where the sum of fifteen thousand dollars may be subscribed to the endowment fund of the University, there shall be a representation of at least one member in the Board. 20. This act to take effect from and after the date of its pas- sage. AN ACT TO CONSOLIDATE KENTUCKY UNIVERSITY TRAN- SYLVANIA UNIVERSITY. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Kentucky University and Transylvania Univer- sity shall be consolidated into one University and one corporate body, by the name of Kentucky University. 2. That the Curators of Kentucky University shall have all the rights and powers of the Trustees of Transylvania Universi- ty, in regard to all the funds and property of Transylvania Uni- versity, which by this act shall pass to Kentucky University, and be bound by the trusts and conditions to which said Trustees were subject. 9 3. That except so far as relates to the funds and property of Transylvania University, the charter of Kentucky University, as herein changed, shall be the charter of the consolidated Uni- versity. 4. That Kentucky University shall be located in Fayette county, in or near the city of Lexington; and in said county shall be located all its colleges. It is expressly declared, however, that said Kentucky University is bound to refund to the citizens of Mercer county the full nominal value of all unpaid coupons sub- scribed and paid by them to the endowment of said University, which may be claimed by them, and also refund to said citizens all of the Bacon College scholarships subscribed and paid in full by any citizen of said county, and which may be claimed by them. 5. That if hereafter, for any cause, the location of Kentucky University shall be changed from Fayette county, then and in that event the consolidation shall cease, and the Trustees of Tian- sylvania University resume their separate corporate existence, and shall be entitled to receive and take into their possession all the funds and property which belonged to Transylvania Universi- ty at the time of consolidation; and it shall be the duty of the Curators to surrender to said Trustees all said property, and the principal of all the funds which came into their possession belong- ing to Transylvania University at the time of consolidation. 6. That the consolidation herein provided shall not go into ef- fect until a majority of the Trustees of Transylvania University, and a majority of the Curators of Kentucky University, shall each assent to the provisions of this act, by resolutions recorded on the respective journals of their proceedings. 7. This act shall take effect from its passage. IL. TAYLOR, Speaker of the House of Representatives. RIChARD T. JACOB, Speaker of the Senate. APPROVED FEBRUARY 28TH, 1865. THOMAS E. BRAMLETTE, Governor of Kentucky. 10 AN ACT ESTABLISHING THE AGRICULTURAL AND MECHAN- ICAL COLLEGE or KENTUCKY AS ONE or THE COLLEGES or KENTUCKY UNIVERSITY. WHEREAS, The Curators of the Kentucky University propose to locate their University in Fayette county, in or near the city of Lexington, and said Curators and the Trustees of Transylvania University propose to consolidate the two Universities, and all the funds and property of each, into one corporation, under the name of the Kentucky University; and it appearing that said Curators have a cash endowment of two hundred thousand dol- lars, yielding an annual income of about twelve thousand dollars, and that there are cash funds of Transylvania University, to be united with them, of fifty-nine thousand dollars, yielding an annual income of over three thousand five hundred dollars, besides the grounds, buildings, library, apparatus, and other property of Transylvania University, of the value and cost exceeding one hundred thousand dollars; and said institution, when so consoli- dated, proposes to raise an additional one hundred thousand dollars to purchase a farm and erect all the necessary buildings and improvements to carry on the operations of an Agricultural and Mechanical College, and connect therewith a model or exper- imental farm, with industrial pursuits, to enable such pupils as choose to do so to sustain themselves, in whole or in part, while acquiring their education; and further propose, that the State of Kentucky shall establish the Agricultural and Mechanical College of Kentucky as one of the Colleges of Kentucky University thus consolidated; and endow the same with the income of the fund which shall arise from the sale of land scrip granted to Kentucky by the Congress of the United States for the purpose of establish- ing said college; and, upon the State of Kentucky so establishing and endowing said college, the Curators of Kentucky University will furnish, in reasonable time, all the necessary lands, buildings, apparatus, c., for such college, and proceed at once to organize said college, and put the same in operation in accordance with this act and the act of Congress, and subject to the visitorial con- trol of the State of Kentucky, in its organization and general management, and with the sole control, by the State, of its said fund; in keeping the principal of the same perpetually secure; now, therefore, 11 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That there shall be, and is hereby, established the Agri- cultural and Mechanical College of Kentucky, located in the county of Fayette, in or near the city of Lexington, which shall be a College of Kentucky University. 2. Be it further enacted, That the leading object in said College shall be to teach such branches of learning as are related to agriculture and the mechanical arts, including military tactics, without excluding other scientific and classical studies, in order to promote the liberal and practical education of the industrial classes in the several pursuits and professions of life. g 3. Be it further enacted, That to effect the said leading object of said college, there shall be established therein the competent number of professorships for teaching the sciences related to agriculture and the mechanical arts, including military tactics, which professorships shall be filled by able and competent pro- fessors, aided by such assistants, tutors, and other instructors, as shall, from time to time, be necessary; and, as a part of said col- lege, there shall be conducted an experimental or model farm, with the usual accessories thereto, and of size proportioned to the number of students; and on said farm and in the mechanical arts there shall be provided to the students opportunities for industrial pursuits, at stated times, whereby agriculture and the mechanical arts may be practically learned, and the student enabled to earn his support while being educated, in whole or in part, by his labor and industrv. 4. Be it further enacted, That in the appointment of professors, instructors, and other officers and assistants of said College, and in prescribing the studies and exercises thereof, and in every part of the management and government thereof, no partiality or preference shall be shown to one sect or religious denomination over another; nor shall anything sectarian be taught therein; and persons engaged in the conducting, governing, managing, and controlling said College and its studies and exercises, in all its parts, are hereby constjtuted officers and agents of the whole Commonwealth, in faithfully and impartially carrying out the provisions of this act for the common good, irrespective of sects or parties, political or religious. 5. Be it further enacted, That the Curators of Kentucky Uni- versity shall organize said Agricultural and Mechanical College by establishing the proper professorships and officers, with the salaries and compensation thereof, and filling the same, from time 12 to time, by their appointments, provide the necessary grounds, buildings, and improvements, and conduct, carry on, and manage the said College, as provided in this act; and said Curators, to aid them in conducting said C(ollege and defraying the expenses there- of, shall receive all the income of the fund which shall arise from the sale of the land scrip granted to the State of Kentucky by the act of Congress, entitled "An act donating puhlic lands to the several States and Territories which may provide colleges for the benefit of agriculture and the mechanical arts," approved July 2, 1862; and which income shall be appropriated by said Curators to the payment of the salaries of the professors, and other officers and einployes of said College, and other expenses of conducting the same, and the farm and industrial pursuits incidental thereto, and to no other purpose whatever: Provided, That a majoritY of the professors of said College shall not at any one time belong to the same ecclesiastical denomination. 6. Be it further enacted, That the Governor, with the advice and consent of the Senate, shall appoint six visitors of said Col- lege, who shall constitute the Board of Visitors thereof, and ap- point one of their number chairman of' the Board; and said Board shall have, at all times, full power to inspect and examine into all the details of the managing and conducting of said Col- lege, and to see that all the provisions of this act are carried into effect, according to their true meaning and intent; and it shall be the duty of said Board to point out to the Curators of Ken- tucky University all defects or departures from the provisions of this act, in conducting and managing of said college, and suggest the proper mode of correcting them, and said Curators shall pro- ceed to correct them; and it shall be further the duty of said Board of Visitors-to report to every biennial meeting of the Gen- eral Assembly the condition and management of said College; and if, at any time, it shall appear to the General Assembly that the Curators have persisted in not carrying the provisions of this act into effect, according to their true objects and spirit, and in disre- garding the requirements of the Board of Visitors, it shall be law- ful to deprive, either temporarily or permanently, said College of the endowment of the income of the fund aforesaid. The Visit- ors shall hold their office for two years, and until their successors are appointed. Vacancies in said Board, by death, resignation, or expiration of term of office, during the recess of the General As- sembly, shall be filled by the Governor until the end of the next succeeding session. 13 7. Be it further enacted, That as soon as the said College is or- ganized for the reception and proper instruction of pupils, the Curators shall make known the same to the Governor and Presi- dent of the Board of Education; and thereupon each representa- tive district of the State shall be entitled to send to said College, free of charge for tuition, one properly prepared pupil for each member said district is entitled to elect to the General Assembly; and when the whole of said land scrip shall be sold and invested, each district shall be entitled to send three of such properly pre- pared pupils to said College for each member the district is author- ized to elect. Said pupils shall have the right of receiving, free of charge for tuition, the benefit of any instruction given in any of the Colleges or classes of the University, except those of law and medicine. The pupils shall be selected by the majority of the justices of the peace of said districts. 8. Be it further enacted, That the provisions of this act shall not go into effect until Transylvania University and Kentucky University shall be consolidated into one corporation, under the name of the Kentucky University, and the funds, property, c., of Transylvania University shall be vested in the Curators of Kentucky University, as successors of the Trustees of Transyl- vania; nor until the Curators of Kentucky University shall, by resolution, assent to all the provisions of this act, and accept this act as part of its charter. A copy of said resolution, and of the action of the Trustees of Transylvania University, and the Cura- tors of the Kentucky University, in accepting said consolidation, shall be laid before the Governor; whereupon he shall, by writing, signed by him, and under the seal of the State, authorize the Cu- rators of the Kentucky University to organize the Agricultural and Mechanical College of Kentucky in pursuance of this act. 9. The General Assembly reserves the right to modify and repeal, at pleasure, so much of this act as refers to the establish- ment of the Agricultural and Mechanical College. AN ACT IN RELATION TO THE AGRICULTURAL COLLEGE. 1. Be it enacted by the General Assembly of the Comnmonwealth of Kentucky, That the Auditor of Public Accounts be, and he is hereby, authorized to draw his warrant upon the Treasury in favor of the Treasurer of the Board of Curators of Kentucky University, for the sum of twenty thousand dollars, which sum is 11 hereby appropriated out of any moneys in the Treasury not otherwise appropriated, to aid in putting the Agricultural and Mechanical College of Kentucky into immediate operation. Upon the payment of the foregoing sum, the State shall be entitled to send to said College, free of charge, three pupils for each represent- ative district: Provided, however, The State reserves the right, here- after, to reimburse itself for the amount herein appropriated out of the interest arising from the sale of the land scrip donated by Congress: And provided further, The money herein appropriated shall not be drawn from the Treasury until the Curators of Ken- tucky University shall certify to the Governor that said Agricul- tural College is ready to go into immediate operation, in accord- ance with the provisions of the act establishing the same. 2. Before the Auditor shall draw his warrant upon the Treas- urer in accordance with this act, the Curators of said University shall accept the provisions of this act, and shall transmit to the Governor a certified copy of the order of their Board showing said acceptance. 3. This act shall take effect from and after the passage of this act. GENERAL PLAN OF THE UamEBSI. 1. The University embraces several Colleges, each under the immediate government of its own Faculty and Presiding Officer. The general supervision of the University, as a whole, is com- mitted to a Regent, who is elected from among the Curators, and is ex-officio Chairman of the Board of the Executive Committee, and whose duty it is, in connection with the same, to see that the general laws and statutes of the University are faithfully executed. 2. Each College is divided into several Schools or Departments of Study, and each School is under the immediate government and instruction of a competent Professor, assisted, when necessary, by subordinate Instructors and Tutors. 3. The Colleges of the University are severally styled- 1. The College of Science, Literature, and the Arts. II. The Agricultural and Mechanical College of Kentucky. III. The College of the Bible. IV. The Normal College. V. The College of Law. VI. The College of Medicine. 15 4. While the course of study and instruction in each Colle