male Academy. constituted a body politic and corporate, by the name of the Athenean Society of Soule Female College, Murfreesboro', Tennessee, for the purpose of diffusing moral and intellectual improvement, and of cultivating a correct literary taste among its members, with full power and authority to form and adopt such a constitution and by-laws as they may think proper for its government: Provided, the same do not conflict with the Constitution of the State of Tennessee, or the Constitution of the United States. SEC. 12. Be it further enacted, That the persons hereby incorporated may use a common seal, may sue and be sued, plead and be impleaded, in any of the courts of law or equity in the State of Tennessee, make contracts, buy, hold and sell property, real and personal, to the amount of fifteen thousand dollars, and may exercise all the powers belonging to corporate bodies for the purpose of promoting useful knowledge. SEC. 13. Be it further enacted, That the present Trustees of the Female Seminary established in the town of Spring Hill, in the county of Maury, and their successors Spring Hill Pe in office, be, and they are hereby constituted a body corporate and politic, under the name and style of the Trustees of the Spring Hill Female Seminary, with all the rights, privileges, and immunities, conferred upon the Trustees of McCain's Academy, in the county of Maury, by an act passed the present session of the General Assembly, incorporating said Trustees of McCain's Acad Philomethean Society of Ewing and Jefferson College. emy. SEC. 14. Be it further enacted, That R. A. Ferguson, J. T. McCullough, A. II. McCullough, J. B. Boyd, S. T. Foute, and those associated with them, and their successors, of Blount county, be, and they are hereby incorporated and made a body politic, by the name and style of the Philomethean Society of Ewing and Jefferson College, for the purpose of mutual improvement in the arts and sciences, with full power and authority to form and adopt such constitution and by-laws as may be thought proper for its government, should the same not be inconsistent with the Constitution or laws of the State of Tennessee. SEC. 15. Be it further enacted, That the persons hereby incorporated, may use a common seal, may sue and be sued, in all courts whatsoever, and may hold real, personal and mixed property, not exceeding five thousand dollars in value, and may exercise all powers belonging to corporate bodies for the purpose of promoting useful knowledge. SEC. 16. Be it further enacted, That the present TrusCumberland Uni- tees, and their successors, of Cumberland University, at Lebanon, be a body politic and corporate, by the name and versity. style of the Trustees of the Cumberland University, and by that name it shall have succession, sue and be sued, contract and be contracted with, hold property, both real and personal, whether situated in this or any other State, territory, or country, receive and make titles to the same, and do all other acts and things incident to such corporations, by the general laws relating to bodies corporate. Donations or conveyances, by deed or will, shall be held good, whether the corporate name is correctly used or not, Provided, enough appears to make it certain that the Institution was intended, no matter what words of description may be adopted. May appoint or SEC. 18. Be it further enacted, That so soon as the present number of Trustees is reduced to nine, by deaths or resignations, that number shall constitute the Board, any five of whom shall be a quorum for the transaction of business. The Board shall elect, out of its own body, a President, Secretary, and one or more Treasurers. It may also appoint or remove at pleasure, a President of the Institution, and as many Professors as may be necessary, remove the who shall constitute the Faculty, and also such tutors and Facuity, teachers as may be needed, and assign to all, their respective duties, and fix and provide for the payment of their salaries. It may likewise appoint such agents and servants as may be considered necessary. The Board and Faculty, by their joint action, shall have the authority to confer all such literary and honorary degrees of distinction as are usually conferred by other Universities in the United States. The Board shall have power to adopt such bylaws as may be deemed necessary for the government of the Institution, and change the same at pleasure. The members of the Faculty may be present at the meetings of the Board, and participate in its deliberations and discussions, but shall not be allowed to vote. Stc. 19. Be it further enacted. That all vacancies in the Board of Trustees shall be filled by resolution, to be entered upon the minutes, but all such appointments shall be submitted by report to the next ensuing session of the General Assembly of the Cumberland Presbyterian Church for confirmation or rejection. SEc. 20. Be it further enacted, That the Board may take such measures as they may deem most effectual for the ample endowment of the University, or any of its departments. That such endowment fund shall be under the control and management of the Board, for the interest of the Institution, but the principal of which shall not be diminished, but only the interest or income of such investments as may be made. In making investments the Professorships directions of the donors shall be complied with, when any such are expressed. SEC. 21. Be it further enacted, That any person or persons, corporation, or church judicatory, may establish may be endowed. professorships of any kind, in said Institution, with the consent and approbation of the Trustees and Faculty by endowing the same. May establish de- partments of &c. Preparatory department. SEC. 22. Be it further enacted, That the Trustees may, at any time, establish departments of Theology, Law, Medicine or Agriculture, in the University, and adopt measures for the endowment of the same, separately from the general endowment of the Institution, and any property or money given for such purpose, shall be confined by the Trustees, strictly and singly to that object, according to the wishes of the donors. Professors in such departments shall be appointed by the Board, with such compensation as may be agreed upon. SEC. 23. Be it further enacted, That the Trustees and Faculty, by joint action, shall prescribe the course of study for the Preparatory Department, and the College proper, which shall be as thorough as any other first class institution in the United States. The course prescribed must be taken before diplomas can be confirmed. They may also establish a separate scientific course for such as do May confer spe- not choose to take the regular collegiate course, and confer special diplomas on such as may pass through the same with approbation. cial diplomas. Theological department. Endowment fund. Property of SEC. 24. Be it further enacted, That the Theological Faculty shall consist of the President of the University, and the Professors in that department, and the Law Faculty, of the President and the Professors of Law; and so of any other department that may be established. SEC. 25. Be it further enacted, That the money and property, constituting the general endowment fund, or that of any particular department or professorship, shall never be diverted from the object for which it was given or raised, to any other purpose, without the consent of the donor. But in the event that any such professorship or department should be discontinued, or fail to exist, the Trustees shall have the power to determine what other application shall be made of such funds, raised or given for its endowment, for the interests of the institution. SEC. 26. Be it further enacted, That the Trustees of Campbell Academy, at Lebanon, are authorized, if they Campbell Acade- should think proper, to transfer to the Trustees of Cumberland University, all the property under their control, for the use of the Preparatory Department of the University; and in that event, one-half of the annual fund given my may be transfered. by the State for the use of county academies, including arrearages, if any, shall be paid to the Trustees for the use of that department, and the other half to the Trustees of the Abbe Institute, which is the Female Branch of Campbell Academy. ceum. SEC. 27. Be it further enacted, That L. L. Hawkins, B. M. Gaines, T. S. Prince, E. W. Townes, J. M. L. Banker, and their successors, be, and they are hereby incorporated a body politic, under the name and style of the Huntingdon LyHuntingdon Lyceum, and by that incorporate name may have the power to sue and be sued, plead and be impleaded, have and hold real and personal estate, and all other property necessary for the promotion of education, science and morals, and particularly for the improvement of elocution, and the polemic exercises; and they may asses fines and collect the same, and have all the rights, powers and privileges usually granted to societies of a literary and scientific character. SEC. 28. Be it further enacted, That this act shall take effect from and after its passage. DANIEL S. DONELSON, Speaker of the House of Representatives. Passed March 2, 1858. Speaker of the Senate. CHAPTER 96. AN ACT to amend the act passed January 17th, 1850, entitled, "An act to incorporate the Franklin and Carter's Creek Turnpike Company, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That the 6th section of the act passed January 17th, 1850, entitled an act to incorporate the Franklin and Carter's Creek Turnpike Company, and for other purposes, be amended, so that said Turnpike Company shall not be compelled to keep in repair a summer road, thirteen feet in width, by the side of said Turnpike road, as provided in their charter, and that said Company shall not be subject to any fines, forfeitures or penalties, for failing to keep in repair said summer road. SEC. 2. Be it further enacted, That the act of 1856, incorporating the Nashville and Rowena Coal Company, be and the same is hereby amended, so as to substitute W. Rowena Coal Hy. Smith, Allen A. Hall, John B. McFerrin, in place of Nashville and Company. Branch Turnpike. A. R. McKee, A. J. McWhirter and John D. Winston, as SEC. 3. Be it further enacted, That the proviso to the 31 section, be and the same is hereby repealed. SEC. 4. Be it further enacted, That the title of said Company be, and the same is hereby so amended, as to read, the Nashville and Rowena Coal and Lumber Company. SEC. 5. Be it further enacted, That John A. Moore, John P. Stiles, John E. Bennett and William H. Wisener, be appointed Commissioners, to open books for the subscription of stock in a Turnpike road, to run from the east boundary of the town of Shelbyville, along the railroad, to or near the point where the Manchester road now crosses the railroad, and thence either along the railroad or the Manchester road, as a majority-in number and value-living east of said crossing may determine. Said Turnpike to be known, and exist by the name of the "Branch Turnpike Company." SEC. 6. Be it further enacted, That said Commissioners, or a majority of them, or any one of them, may receive stock in shares of twenty-five dollars each, either in money or work; the work to be taken in shares, or so much of Shares of Stock. the road to be built by any stockholder, as he may agree to build, and when constructed, to be valued. If the Company and stockholder cannot agrec upon the value, by two persons, one selected by the President of the Company and one by the stockholder-and if they cannot agree, they are to select a third, whose award is to be final, and the value fixed by them is to be so much stock in the road of the stockholder doing the work. Toll gates. Rate of toll. Election of SEC. 7. Be it further enacted, That said road shall be constructed substantially, as the road from Shelbyville to Lewisburg, and when three miles of said road shall be finished, the Company may erect a gate and receive toll for eight months in the year; and when four miles are finished, then for ten months in the year; and when five miles are finished, then for the whole year; and the Company may agree with those who reside between the gate and the corporate limits for their travel upon such terms as may seem reasonable. SEC. 8. Be it further enacted, That so soon as stock and work sufficient, in the opinion of the Commissioners, to build three miles of the road is subscribed, an election shall be held for five Directors of said Company, one of whom shall be chosen by the others, President, each of whom shall be a stockholder; that in said election, each share of stock shall be entitled to one vote, and when any |