occupation, or locality. But with a view to equalise its advantages to all parts of the state, the institution annually receives students, one from each assembly district in the state, and gives them instruction in any or in all the prescribed branches of study in any department, free of any tuition fee or of any incidental charges to be paid to the university, unless to compensate for damages needlessly or purposely done by the students to the property of the university. This free instruction is, moreover, accorded to said students in consideration of their superior ability, and as a reward for superior scholarship in the academies and public schools of the state. These students are selected as the legislature from time to time directs, and, until otherwise ordered, they are by said Act directed to be selected as follows:-The school commissioners of each county and the board of education of each city, or those performing the duty of such board, select annually the best scholar from each academy and each public school of their respective counties or cities, as candidates for the university scholarship. But in no case shall any person having already entered the university be admitted as one of these candidates. The candidates thus selected meet by appointment, and the school commissioners and the board of education, or such of them as attend and act, proceed to examine and determine which of the candidates are the best scholars; and they then select therefrom to the number of one for each assembly district in said county or city, and furnish each of the candidates thus selected with a certificate of such selection, which entitles such student to admission to said university, subject to the examination and approval of the faculty of said university. In making these selections, preference shall be given (where other qualifications are equal) |

to the sons of those who have died in the military or naval service of the United States: consideration is had also to the physical ability of the candidate. Whenever any student thus selected has been, from any cause, removed from the university before the expiration of the time for which he was selected, then one of the competitors for his place in the university, from his district, may be elected to succeed him therein, as the school commissioner or commissioners of the county of his residence, or the board of education of the city of his residence, may direct.

The founders and benefactors of any academy, or as many of them as have contributed more than one-half of the property collected for the use thereof, may make to the regents an application in writing under their hands, requesting that such academy may be incorporated, nominating the first trustees and specifying the name by which the corporation is to be called. Should the regents approve, they declare, by an instrument under their common seal, their approbation; and the request and instrument of approbation are recorded in the office of the secretary of state. Immediately thereupon, the property and funds of the academy are vested in the trustees so nominated, for the use and benefit of the academy. academy or high school for literary, scientific, charitable, or religious purposes may lawfully issue, create, and possess a capital stock not exceeding $10,000, which is deemed personal property, and is issued in shares of not less than $10 each; and in the election of trustees of any such corporation, each stockholder has one vote upon each share of stock then actually owned by him. Whenever any such corporation, formed for the purpose of establishing an academy

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or high school, has erected a building for school purposes of the value of $2000, and has in all other respects complied with the conditions provided by law to authorise the regents to incorporate academies, such incorporation is declared an academy by the regents, and enjoys all the rights and privileges conferred by law on the academies of this state. The trustees of every such academy are a corporation by the name expressed in the instrument of approbation, and shall not be more than twenty-four nor less than twelve; and seven form a quorum for the transaction of business. Their gen

eral powers and privileges are—

1. To adjourn from time to time, as they may deem expedient.

2. To elect by ballot their president, who holds his office for one year, and until another is chosen in his place.

3. Upon the death, resignation, refusal to act, removal out of this state, or other vacancy in the office of any trustee, to elect another trustee by a majority of the votes of the trustees present.

4. To take and hold, by gift, grant, or devise, any real or personal property, the clear yearly income or revenue of which shall not exceed the value of $4000.

5. To sell, mortgage, let, or otherwise use and dispose of such property for the benefit of the academy.

6. To direct and prescribe the course of discipline and study in the academy.

7. To appoint a treasurer, clerk, principal, masters, tutors, and other necessary officers of the academy, who, unless employed under a special contract, hold their offices during the pleasure of the trustees.

8. To ascertain and fix the salaries of all the officers of the academy.

9. To remove or suspend from office any officer employed under a

special contract, upon a complaint in writing by a trustee of the misbehaviour in office, incapacity, or immoral conduct of such officer, and upon examination and due proof of the truth of such complaint; and to appoint another in his or her place.

10. To make all ordinances and by-laws necessary and proper to carry into effect the preceding powers.

The trustees meet upon their own adjournment, and as often as summoned by their president or the senior trustee actually exercising his office, and residing within three miles of such academy, upon the request in writing of any other three trustees -such requested meeting being held not less than five nor more than twelve days from the time of the request. Previous notice in writing of every such meeting is affixed on the door of the academy within two days after its appointment. The president or senior trustee present presides. Seniority is according to the order of nomination in the written application to the regents; and, after the first trustees become extinct, according to priority of election. If a trustee refuses or neglects to attend any two successive legal meetings of the trustees, after having been personally notified to attend, and if no satisfactory cause of his non-attendance be shown, the trustees may declare his office vacant. A trustee refusing or neglecting for one year to attend the legal meetings of the board of trustees, his nonattendance is deemed a resignation. The trustees at their annual meeting may reduce the number of the original board, where it exceeds twelve, to any number not less than twelve, by abolishing the offices of those who omit to attend such meeting, and have omitted to attend two other legal meetings after notice. Where a vacancy happens in the office of a trustee, and is not filled by the elec

tion of another trustee within six months thereafter, the office of trustee so becoming vacant is abolished, where the number of trustees exceeds twelve. Every academy or institution of learning subject to the visitation of the regents, has to declare on its minutes the termination of the academic year, which must be between the 20th June and the 15th September in each year. The annual report for such academic year is made up and transmitted to the regents before 1st October, and the regents have to present their annual report to the legislature within ten days before the opening of the session in each year.

No religious qualification or test is required from any trustee, president, principal, or other officer of any incorporated college or academy, or as а condition for admission to any privilege in the same. No professor or tutor of any incorporated academy shall be a trustee of such academy; and no president, professor, or tutor of any incorporated college, or principal of any incorporated academy, has a vote in any case relating to his own salary or emoluments; and no such president, principal, or other officer shall be a regent of the university. No trustee of a college or academy shall act as a regent or vice versa; if appointed, he has to elect in which office he will serve, and give notice of such election to the authority by which he is appointed within sixty days from the time of his appointment, otherwise such appointment is void. Every college and academy subject to the visitation of the regents makes such returns and reports to the regents in relation to the state and disposition of its property and funds, the number and ages of its pupils, and its system of instruction and discipline, as the regents from time to time require.

The regents of the university can at any time, by an instrument under their common seal, recorded in the office of the secretary of state, incorporate any university or college, or any academy or other institution of learning, under such name, with such number of trustees or other managers, and with such powers and privileges, and subject to such limitations and restrictions in all respects, as may be prescribed by law, or as the said regents may deem proper in conformity thereto; and every institution so incorporated, in addition to the powers thus vested in it, has the general powers of such a corporation. At any time the regents may, on sufficient cause shown, and by an instrument under their common seal, recorded as aforesaid, alter, amend, or repeal the charter of any college, university, academy, or other institution of learning incorporated by them, and may, on the petition of any college, academy, or other institution of learning in this state subject to their visitation, alter or modify the charter, and the rights, powers, and privileges of such institution, in such manner, and on such terms and conditions, as they may deem proper. The trustees of any academy having a capital of $10,000, as already specified, may, by their by-laws, prescribe the mode and manner of electing trustees of such academy, and make all necessary rules and regulations relative to such election, and arrange that one-third of the trustees be elected annually. The term of office of such trustees is three years, and six trustees form a quorum. They may fill vacancies by death, resignation, removal from the state, or otherwise. The capital stock of any such academy shall not exceed $50,000 (laws of 1853, chap. 184).

Any citizens, not less than ten in number, of whom a majority are inhabitants of the state, who desire to

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found and endow a medical or surgical college or school within the state, may make, sign, and acknowledge, before some officer authorised to take the acknowledgment of deeds, a certificate in writing, in which are stated the corporate name of the proposed institution, the names of the persons proposed for first trustees, the plan on which, and the funds with which, it is intended to found and provide for said institution, and the name of the town or city in which it is proposed to locate the same; and file such certificate in the office of the secretary of state, and transmit a duplicate thereof to the presiding officer of the regents of the University of the State of New York. regents are satisfied that $50,000 have been bona fide subscribed for the endowment of such institution, and two-thirds thereof, at least, have actually been paid in, &c., to be invested in buildings and site for college, museum, library, apparatus, and other needful appurtenances of a medical college, they shall, by act under their seal, grant a charter, pursuant to the provisions of this Act, for the incorporation of such college for a term of five years, with a condition or proviso therein, that if, within these five years, the trustees of said college present to the regents satisfactory evidence that there has been paid in and invested as prescribed the whole $50,000, the charter shall be made perpetual. Upon the fulfilment of this condition, or upon the payment in the first instance of $50,000, the regents grant the college a perpetual charter. Such college may hold real and personal property to the amount of $200,000; but the funds and property must be used for the legitimate business of the institution, in the promotion of medical and surgical science, and instruction in all departments of learning connected therewith. The col

lege is subject to the general provisions of law, so far as applicable, regulating the practice of physic and surgery within the state. It is subject to the visitation of the regents of the university, and makes an annual report to them, on oath, of the condition of the college and the various matters required by law to be reported by other colleges and academies, and of the investment of its funds; and if at any time it appears that the sum required to be paid in has not been invested in the manner prescribed, the regents are empowered to vacate and annul its charter.

The trustees for the time being of every college incorporated pursuant to this Act can grant and confer the degree of doctor of medicine upon the recommendation of the board of professors of said college, and of at least three curators of the medical profession appointed by said trustees. But no person shall receive a diploma conferring such degree unless he be of good moral character and of the age of twenty-one years; and shail have received a good English education; and shall have pursued the study of medicine, and the sciences connected therewith, for at least three years after the age of sixteen years; and have received instruction from some physician and surgeon, fully qualified to practise his profession, until he is qualified to enter a medical college; and (except as thereafter provided) shall also, after that age, have attended two complete courses of lectures delivered in some incorporated medical college. The board of trustees of every such college shall, upon payment of matriculation and demonstrators' fees (which shall not exceed the sum of $5 each), admit to its course of instruction, without further charge, any number of young persons of the State of New York (not exceeding ten at any one time), of good scholarship and moral char

acter, who are in indigent circumstances. The evidence of qualification is a certificate from the judge of the county in which the applicant resides.

(Laws of 1853, chap. 184.)

The founders and benefactors of any school established on the system of Lancaster or Bell or any other system of instruction approved by the board of regents, or as many of such founders as have contributed more than onehalf of the property collected or appropriated for the use of the school, may make to the regents an application in writing, requesting that such school may be incorporated, nominating the first trustees, and specifying the name by which the corporation is to be called. If they approve, the regents, by an instrument under their common seal, declare their approbation of the incorporation of the trustees of the school by the name specified in the application. The request and instrument of approbation are recorded in the office of the clerk of the county in which the school is established. Besides the general powers and privileges of a corporation, the trustees have special powers much the same as those of trustees of an academy. The clear yearly income or revenue of the real and personal property shall not exceed $4000. The trustees of any one or more common school districts in any city, town, or village of this state, within which any Lancasterian or other select school is established, with the consent of a majority of the taxable inhabitants of such districts, expressed at a meeting called for that purpose, may agree with the trustees of such incorporated school to make the same a district school; and during the continuance of such agreement it becomes a common school, and is entitled to all the benefits and privileges and subject to all the regula

tions of other district schools. Every school incorporated as described is subject to the control and visitation of the regents; and makes such returns and reports in relation to the state and disposition of its property and funds, the number and age of its pupils, and its system of instruction and discipline, as the regents from time to time require.

Besides the state normal schools, there are various local normal and training schools supported by taxation and under the control of the public authorities. These are established by special local Acts.

In 1844 an Act was passed directing the treasurer to pay, on the warrant of the comptroller, to the order of the superintendent of common schools, from that portion of the avails of the literature fund which had been appropriated in 1834 to the support of academical departments for the instruction of teachers of common schools, the sum of $9600, to be expended, under the direction of said superintendent and the regents of the university, in the establishment and support of a normal school for the instruction and practice of teachers of common schools in the science of education, and in the art of teaching, to be located in the county of Albany. $10,000 was also to be likewise paid annually thereafter from the revenue of the literature fund for the maintenance and support of the school so established. This school was put under the supervision, management, and government of the superintendent and regents, who were to make all needful rules and regulations, to fix the number and compensation of teachers and others employed therein, to prescribe the preliminary examination, and the terms and conditions on which pupils should be received and instructed therein, the number of