CHARTER OF AMHERT COLLEGE WITH SUBSEQUENT LEGISLATION ACTS OF 1824, CHAPTER 84. AN ACT TO ESTABLISH A COLLEGE IN THE TOWN OF AMHERST. SEC. 1. Be it enacted by the Senate and House of Representatives in General Court assembled and by the authority of the same, That there be and hereby is incorporated in the town of Amherst, in the county of Hampshire, a College for the education of youth; and that the Rev. Heman Humphrey D.D., Hon. William Gray, Hon. Marcus Morton, Rev. Joshua Crosby, Hon. John Hooker, Rev. Joseph Lyman, D.D., Israel E. Trask, Esq., Rev. Jonathan Going, Elisha Billings, Esq., Rev. James Taylor, S.V.S. Wilder, Esq., Rev. Joseph Vaill, Hon. Jonathan Leavitt, Rev. Alfred Ely, Hon. Lewis Strong, Rev. Francis Wayland, junior, and Elihu Lyman, Esq. be and hereby are constituted a body corporate; by the name of the Trustees of Amherst College; and that they and their successors, and such as shall be duly elected members of said Corporation, shall be and remain a body corporate by the name forever. And for the orderly conducting the business of said Corporation, the said Trustees shall have power and authority, from time to time, as occasion may require, to elect a President, Vice-President, Secretary, and Treasurer, and such other officers of said Corporation, as may be found necessary, and to declare the duties and tenures of their respective offices; and also to remove any Trustee from the same Corporation, when, in their judgment, he shall be rendered incapable, by age or otherwise, of discharging the duties of his office, or shall neglect or refuse to perform the same; and also, from time to time, to elect new members of the said Corporation; Provided nevertheless, that the number of members, (including the President of said College for the time being, who shall, ex officio, be one of said Corporation), shall never be greater than seventeen,1 and that the five vacancies, which shall first happen in the Board of Trustees, shall be filled, as they occur, by the joint ballot of the Legislature in convention of both Houses; and whenever any person, so chosen by the Legislature to fill such vacancy, or his successor, shall cease to be a member of the Corporation, his place shall be filled in like manner, and so on forever;2 and it shall be the duty of the Trustees to fill all other vacancies of their Board, as soon after they occur as reasonably and conveniently may be done; and Provided further, that, as vacancies shall occur in said Board, they shall be so filled that the said Board shall, as soon as may be, and forever after, consist of seven clergymen and ten laymen.3 And the Rev. Heman Humphrey, D.D., is authorized to fix the time and place of the first meeting of the said Trustees, and to notify each of them thereof in writing. SEC. 2. And be it further enacted, That the said Corporation shall have full power and authority to determine, at what times and places their meetings shall be holden, and the manner of notifying the Trustees to convene at such meetings; and also, from time to time, to elect a President of said College, and such Professors, Tutors, Instructors, and other officers of the said College, as they shall judge most for the interest thereof, and to determine the duties, salaries, emoluments, responsibilities, and tenures of their several offices. And the said Corporation are further empowered to purchase or erect, and keep in repair, such houses and other buildings, as they shall judge necessary for the said College; and also to make and ordain, as occasion may require, reasonable rules, orders, and by-laws, not repugnant to the Constitution and laws of this Commonwealth, with reasonable penalties, for the good government of the said College, and for the regulation of their own body; and also to determine and regulate the course of instruction in said College, and to confer such Degrees as are usually conferred by Colleges in New England, except medical Degrees; Provided nevertheless, that no corporate business shall be transacted at any meeting, unless nine, at least, of the Trustees are present. SEC. 3. And be it further enacted, That the said Corporation may have a common seal, which they may alter or renew at their pleasure, and that all Deeds, sealed with the seal of said Corporation and signed by their order, shall, when made in their corporate name, be considered in law as the Deeds of said Corporation; and that said Corporation may sue and be sued in all actions, real, personal, or mixed, and may prosecute the same to final judgment and execution, by the name of The Trustees of Amherst College; and that said Corporation shall be capable of taking and holding in fee simple, or any less estate, by gift, grant, bequest, devise, or otherwise, any lands, tenements, or other estate, real or personal; Provided that the clear annual income of the same shall not exceed Thirty Thousand Dollars. SEC. 4. And be it further enacted, That the clear tents and profits of all the estate, real and personal, of which the said Corporation shall be seized and possess, shall be appropriated to the endowment of said College, in such manner as shall most effectually promote virtue and piety, and the knowledge of such of the Languages and of the liberal and useful Arts and Sciences, as shall be directed, from time to time, by the said Corporation, they conforming to the will of any Donor or Donors, in the application of any estate received, which may be given, devised, or bequeathed, for any particular object connected with the College. SEC. 5. And be it further enacted, That the said Trustees be and are hereby authorized to receive all the real estate, goods, chattels, choses in action, and property of every description whatever, which has heretofore been given, conveyed, purchased, bequeathed, devised, or in any other way secured, or engaged to be given, paid or devised to the Trustees of Amherst Academy, with the intent and for the purpose of establishing and maintaining a Classical or Collegiate Institution in said town; and that all the said funds and estate, as well as all other property which may be received by them, shall be faithfully and forever used and appropriated according to the will of the Donors; Provided, that the several acts and contracts of the Trustees of Amherst Academy, relative to the property given for the benefit, and debts incurred by them for the use, of the said Collegiate Institution, shall have full force, and be equally binding upon the Trustees of Amherst College, as they now are upon the Trustees of said Academy. SEC. 6. And be it further enacted, That no Instructor of said College shall ever be required, by the Trustees to profess any particular religious opinions, as a test of office; and no student shall be refused admission to, or denied any of the privileges, honors, or degrees of said College, on account of the religious opinions he may entertain. SEC. 7. And be it further enacted, That is it shall hereafter appear to the Legislature of this Commonwealth lawful and expedient to remove Williams College to the town of Amherst, and the President and Trustees of Williams College shall agree so to do, the Legislature shall have full power to unite Williams and Amherst Colleges into one University, at Amherst, on such terms and conditions, and under such government, as hall be agreed on by the majority of a Board of seven Commissioners, of whom two shall be appointed by each of said Colleges, and three by the joint ballot of the Legislature in convention of both Houses; and in case the Commissioners, or either of them, on the part of the Amherst College, shall not be appointed, then the residue of said Commissioners shall have full power to proceed in the premises. Provided also, that if the said Trustees of Amherst Academy shall not, within eight months from the passing of this Act, by a good deed or deeds, assign, convey, and make over to the said Trustees of Amherst College, their successors and assigns, all the real estate, goods, chattels, choses in action, and property, mentioned in the fifth Section of this Act, to be used and appropriated as in therein provided, this Act shall be void. SEC. 8. And be it further enacted, That the Legislature of this Commonwealth may grant any further powers to, or alter, limit, annul or restrain, any of the powers vested by this Act in the said Corporation, as shall be judged necessary to promote the best interests of the said College; and, more especially, may appoint and establish Overseers or Visitors of the said College, with all necessary powers for the better aid, preservation, and government thereof. Provided, That the granting of this Charter shall never be considered as any pledge on the part of the Government, that pecuniary aid shall hereafter be granted to the College. Approved, February 21, 1825. 1 Amended by Acts of 1945, 1972, and 1991. Amended by Acts of 1872, 1874, 1929. 3 Amended by Chapter 36 of the Acts of 1916. 4 Amended by Acts of 1867, 1874, 1902, 1921, 1931, and 1957. 2 _____________ RESOLVES OF 1847, CHAPTER 33. RESOLVE ON THE PETITION OF THE TRUSTEES OF AMHERST COLLEGE. Resolved, for reasons set forth in the said petition, that there be allowed and paid out of the proceeds of the sales of the public lands, according to the provisions of the statute of the year one thousand eight hundred and forty-six, chapter two hundred and nineteen, section two, to the treasurer of said college for the time being, for the use of said college the sum of five thousand dollars on the first day of June in each year, for five successive years, the first payment of five thousand dollars to be made of the first day of June next. And His Excellency the Governor, for the time being, is hereby authorized and requested to draw his warrants accordingly. Approved, April 7, 1847. _____________ ACTS OF 1859, CHAPTER 154. AN ACT TO INCREASE THE SCHOOL FUND, AND TO GRANT AID TO THE MUSEUM OF COMPARATIVE ZOOLOGY. TUFTS, WILLIAMS, AND AMHERST COLLEGES, AND THE WESLEYAN ACADEMY AT WILBRAHAM, OUT OF THE PROCEEDS OF THE SALES OF BACK BAY LANDS. SEC. 1. ***The remaining avail of such moiety shall, being received into the Treasury, be distributed, upon the first day of August in each year, among the institutions hereinafter named in the proportions following, that is to say: 1. Twenty per centum of the avails of such moiety shall be paid to such persons as may at the present session of the Legislature be incorporated as the “Trustees of the Museum of Comparative Zoology,” such payments not to exceed in the aggregate the sum of one hundred thousand dollars. 2. Twelve per centum of the avails of such moiety shall be paid to the treasurer of the trustees of Tufts College upon the order of the trustees; such payments not to exceed in the aggregate the sum of fifty thousand dollars. 3. Six per centum of the avails of such moiety shall be paid to the treasurer of the corporation of Williams College upon the order of the said corporation; such payments not to exceed in the aggregate the sum of twenty-five thousand dollars. 4. Six per centum of the avails of such moiety shall be paid to the treasurer of the corporation of Amherst College upon the order of the corporation; such payments not to exceed in the aggregate the sum of twenty-five thousand dollars. 5. Six per centum of the avails of such moiety shall be paid to the treasurer of the corporation of Wesleyan Academy in Wilbraham upon the order of the corporation; such payments not to exceed in the aggregate the sum of twenty-five thousand dollars. Sec. 2. No payment as aforesaid shall be made to either of the before-named institutions unless, before the time for each payment, it shall be made to appear to the satisfaction of the governor and council that there has been secured by subscription in aid of such institution, in cash or bonds or unquestionable security, an amount equal to the amount then to be paid to such institution according to the terms of this act; nor to either of the institutions hereinafter named unless there shall have been established in such institutions the number of free scholarships set against their respective names, that is to say: In Williams College, three free scholarships In Tufts College, three free scholarships In Amherst College, three free scholarships The aforesaid free scholarships shall be under the control of the Board of Education, and may be filled and managed in such mode as now is or may hereafter be provided by law for the regulation of all free scholarships established by the Commonwealth. ***Approved, April 2, 1859. _____________ RESOLVES OF 1893, CHAPTER 71. RESOLVE IN THE FAVOR OF THE NATURAL HISTORY DEPARTMENT OF AMHERST COLLEGE. Resolved, That there be appropriated and paid out of the treasury of the Commonwealth to the Trustees of Amherst College the sum of twenty-five hundred dollars, to be applied to the benefit of the natural history department of that institution. Approved, April 27, 1863. _____________ ACTS OF 1867, CHAPTER 26 AN ACT IN ADDITION TO AN ACT INCORPORATING AMHERST COLLEGE SEC. 1. The Trustees of Amherst College are hereby authorized to receive and hold in fee simple or any less estate, by gift, grant, bequest, devise or otherwise, any lands, tenements or other estate, real or personal: provided, that the net annual income of the entire property of said college shall not exceed the sum of one hundred thousand dollars.1 SEC. 2. This act shall take effect upon its passage. Approved, February 14, 1867. 1 Amended by Acts of 1874, 1902, 1921, and 1931. _____________ ACTS OF 1872, CHAPTER 340. AN ACT TO PROVIDE FOR THE ELECTION OF CERTAIN TRUSTEES OF AMHERST COLLEGE BY THE GRADUATES THEREOF.1 SEC. 1. The five trustees of Amherst College heretofore chosen by the Legislature shall hereafter be chosen by the graduates of said college. Sec. 2. Whenever a vacancy shall occur among the five trustees, the board of trustees of said college shall give notice thereof to the society of the alumni of said college, which, at its next annual commencement meeting thereafter, shall proceed to choose by ballot a trustee to fill such vacancy in such manner and under such regulations as may be determined by said society, and shall return notice of such choice under the attestation of the secretary thereof to the board of trustees; whereupon said trustees shall declare such person, so chosen, a member of said board, and enter the same upon their records: provided, however, that said society shall be open to all the graduates of said college; and, provided further, that no member thereof who is not also a graduate of said college shall be entitled to vote under the provisions of this act; nor shall any graduate be entitled to vote prior to the fourth annual commencement after his graduation. SEC. 3. The qualifications, tenure and forfeitures of office for the trustees of said college may be fixed by such rules as may be adopted by the board of trustees in concurrence with the society aforesaid; and such rules, when once adopted, shall not be changed except by a two-thirds vote of said board and of said society at annual meetings thereof. SEC. 4. All acts and part of acts inconsistent herewith are hereby repealed. SEC. 5. This act shall not take effect until it is accepted by the society of the alumni and the Board of Trustees of Amherst College, respectively, at meetings held for that purpose. Approved, May 4, 1872. [The above act was accepted by the Society of the Alumni, July 8, 1874, and by the Board of Trustees, November 4, 1874.] 1 Amended by Acts of 1874, 1929, and 1961. _____________ ACTS OF 1874, CHAPTER 204. AN ACT TO PROVIDE FOR THE ELECTION OF CERTAIN TRUSTEES OF AMHERST COLLEGE BY THE GRADUATES THEREOF.1 SEC. 1. The five trustees of Amherst College heretofore chosen by the Legislature shall hereafter be chosen by the graduates of said college. Sec. 2. Whenever a vacancy shall occur among the five trustees, the board of trustees of said college shall give notice thereof to the society of the alumni of said college, which, at its next annual commencement meeting thereafter, shall proceed to choose a trustee to fill such vacancy in such manner and under such regulations as may be determined by said society, and shall return notice of such choice under the attestation of the secretary thereof to the board of trustees; whereupon said trustees shall declare such person, so chosen, a member of said board, and enter the same upon their records: provided, however, that said society shall be open to all the graduates of said college; and, provided further, that no member thereof who is not also a graduate of said college, except members of the faculty of said college who have become members of said society of the alumni; shall be entitled to vote under the provisions of this act; nor shall any graduate be entitled to vote prior to the fourth annual commencement after his graduation. SEC. 3. The qualifications, tenure and forfeitures of office for the trustees of said college may be fixed by such rules as may be adopted by the board of trustees in concurrence with the society aforesaid; and such rules, when once adopted, shall not be changed except by a two-thirds vote of said board and of said society at annual meetings thereof. SEC. 4. All acts and part of acts inconsistent herewith are hereby repealed. SEC. 5. This act shall not take effect until it is accepted by the society of the alumni and the Board of Trustees of Amherst College, respectively, at meetings held for that purpose. SEC. 6. The proviso of section three of the act of February twenty-one, eighteen hundred and twenty-five, entitled “An Act to establish a College in the town of Amherst,” is hereby repealed.2 Approved, April 28, 1974. [The above act was accepted by the Society of the Alumni, July 8, 1874, and by the Board of Trustees, November 4, 1874.] 1 2 Amended by Acts of 1929, and 1961. Amended by Acts of 1902, 1921, and 1931. _____________ ACTS OF 1902, CHAPTER 173. AN ACT TO AUTHORIZE AMHERST COLLEGE TO HOLD ADDITIONAL PROPERTY. SEC. 1. The Trustees of Amherst College, for the purpose set forth in the act establishing said college, being chapter eighty-four of the acts of the year eighteen hundred and twenty-four and in the several acts in addition thereto, are hereby authorized to acquire by gift, grant, bequest, devise or otherwise, lands, tenements or other estate, real or personal, and to hold, manage and from time to time to invest and reinvest the same, or the proceeds of any sale thereof, for the purposes aforesaid; provided, that the net annual income of all the property so held shall not exceed the sum of five hundred thousand dollars.1 SEC. 2. This act shall [take] effect upon its passage, Approved, March 12, 1902. 1 Amended by Acts of 1921, 1931, and 1957. _____________ ACTS OF 1916, CHAPTER 36. AN ACT RELATIVE TO THE COMPOSITION OF THE BOARD OF TRUSTEES OF AMHERST COLLEGE. SEC. 1. So much of section one of chapter eighty-four of the acts of the year eighteen hundred and twenty-five as requires the filling of vacancies in the board of trustees of Amherst College in such manner that said board shall consist of seven clergymen and ten laymen is hereby repealed. SEC. 2. The act shall take effect on the first day of August, nineteen hundred and sixteen. Approved, February 4, 1916. _____________ ACTS OF 1921, CHAPTER 178. AN ACT TO AUTHORIZE AMHERST COLLEGE TO HOLD ADDITIONAL PROPERTY. The Trustees of Amherst College, for the purpose set forth in the act establishing said college, being chapter eighty-four of the acts of eighteen hundred and twenty-four, and in the several acts in addition thereto, are hereby authorized to acquire by gift, grant, bequest, devise or otherwise, lands, tenements or other estate, real or personal, and to hold, manage, and from time to time invest and re-invest the same, or the proceeds of any sale thereof, for the purpose aforesaid; provided that the net annual income of all the property so held shall not exceed the sum of one million dollars.1 Approved, March 29, 1921. 1 Amended by Acts of 1931 and 1957. _____________ ACTS OF 1929, CHAPTER 55. AC ACT RELATIVE TO INCREASING THE NUMBER OF TRUSTEES OF AMHERST COLLEGE ELECTED BY THE GRADUATES THEREOF AND EXTENDING THE RIGHT TO VOTE THEREFORE. SEC. 1. The number of trustees of Amherst College to be elected by the graduates of said college is hereby increased from five to six. The first vacancy among the members of the board of trustees of said college elected by said board which shall occur after the thirtyfirst day of July in the current year, and after the adoption of any necessary changes in rules or regulations by said board and the society of the alumni of said college, shall be filled by the graduates thereof in the same manner as is provided for the election of the five trustees heretofore elected by the graduates of said college. Whenever any person so chosen by the said graduates to fill such vacancy shall cease to be a member of the corporation, his place and that of every successor shall be filled by the graduates in like manner. SEC. 2. All acts and parts of acts, in so far as providing that no graduate of Amherst College be entitled to vote for the trustees of said college to be chosen by the graduates thereof prior to the fourth annual commencement after his graduation, are hereby repealed. Approved, February 20, 1929. [The above act was accepted and rules for the election of Trustees by the alumni adopted on June 15, 1929 by concurrent action of the Board of Trustees and the Society of the Alumni.] _____________ ACTS OF 1931, CHAPTER 90. AN ACT AUTHORIZING THE TRUSTEES OF AMHERST COLLEGE TO ACCEPT AND CARRY OUT THE PURPOSES OF THE GIFT UNDER THE WILL OF HENRY C. FOLGER AND TO HOLD ADDITIONAL PROPERTY. Whereas, The deferred operation of this act would, in part, defeat its purpose, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience. SEC. 1. The Trustees of Amherst College are hereby authorized to accept the gift to the said Trustees of Amherst College under the will of Henry C. Folger, late of Glen Cove, New York, deceased, allowed by the surrogate’s court, Nassau County, New York, on the twenty-fifth day of June, nineteen hundred and thirty, and to carry out the provision of said will relating thereto. SEC. 2. The Trustees of Amherst College, for the purposes set forth in the act establishing said college, being chapter eighty-four of the acts of eighteen hundred and twenty-four, and in the several acts in addition thereto, including this act, are hereby authorized to acquire by gift, grant, bequest, devise or otherwise, lands, tenements or other estate, real or personal, and to hold, manage, and from time to time to invest and reinvest the same, or the proceeds of any sale thereof, for the purposes aforesaid; provided, that the net annual income of all the property so held shall not exceed the sum of two million dollars. Approved, March 6, 1931. _____________ ACTS OF 1945, CHAPTER 151. AN ACT RELATIVE TO THE MEMBERSHIP OF THE TRUSTEES OF AMHERST COLLEGE. SEC. 1. The number of members of the Trustees of Amherst College, including the president and the treasurer of said college, who shall each, ex officio, be one of said members, shall never be greater than eighteen.1 SEC. 2. All acts and parts of acts limiting the number of the members of the Trustees of Amherst College to less than eighteen are, to the extent of such limitation, hereby repealed. Approved, March 26, 1945. 1 Amended by Acts of 1972 and 1991. _____________ ACTS OF 1957, CHAPTER 186. AN ACT AUTHORIZING THE TRUSTEES OF AMHERST COLLEGE TO HOLD REAL AND PERSONAL PROPERTY WITHOUT LIMIT ON THE AMOUNT OF INCOME THEREFROM. Whereas, The deferred operation of this act would tend to defeat its purpose, which is to permit forthwith the Trustees of Amherst College to take and hold additional real and personal property, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: Chapter 90 of the acts of 1931 is hereby amended by striking out section 2 and inserting in place thereof the following section: Section 2. The Trustees of Amherst College, for the purposes set forth in the act establishing said college, being chapter eighty-four of the acts of eighteen hundred and twenty-four, and in the several acts in addition thereto, including this act, are hereby authorized to acquire by gift, grant, bequest, devise or otherwise, lands, tenements or other estate, real or personal, in any amount, and to hold, manage, and from time to time to invest and re-invest the same, or the proceeds of any sale thereof, for the purposes aforesaid. Approved, March 15, 1957. _____________ ACTS OF 1961, CHAPTER 256. AN ACT EXTENDING THE RIGHT TO VOTE FOR THE ELECTION OF CERTAIN TRUSTEES OF AMHERST COLLEGE. Be is enacted, etc., as follows: SEC. 1. All non-graduates of Amherst College who have matriculated at said college and whose classes shall have graduated shall be equally entitled with the graduates of said college to vote for the election of the six trustees of said college whose election is provided for in chapter fifty-five of the acts of nineteen hundred and twenty-nine. SEC. 2. All acts and parts in amendment of and in addition to chapter eighty-four of the acts of eighteen hundred and twenty-four, in so far as they provide that only graduates of Amherst College shall be entitled to vote for trustees of said college are hereby repealed. SEC. 3. This act shall take effect upon its acceptance by the society of the alumni and the board of trustees of Amherst College, respectively, at meetings held for that purpose. Approved, March 21, 1961. [The above act was accepted by the Board of Trustees on April 5, 1961 and by the Society of the Alumni on June 10, 1961.] _____________ ACTS OF 1964, CHAPTER 129. AN ACT PROVIDING THAT THE TREASURER OF THE TRUSTEES OF AMHERST COLLEGE SHALL NOT BE AN EX OFFICIO MEMBER OF SAID TRUSTEES. Be is enacted, etc., as follows: SEC. 1. Chapter 151 of the acts of 1945 is hereby amended by striking out section 1 and inserting in place thereof the following section: Section 1. The number of members of The Trustees of Amherst College, including the president of said college, who shall, ex officio, be one of said members, shall never be greater than eighteen. SEC. 2. This act shall take effect on July first, nineteen hundred and sixty-four. Approved, March 8, 1964. _____________ ACTS OF 1972, CHAPTER 433. AN ACT RELATIVE TO THE MEMBERSHIP OF TRUSTEES OF AMHERST COLLEGE. Whereas, The deferred operation of this act would tend to defeat its purpose, which is to permit forthwith Trustees of Amherst College to establish by by-law the term of office or tenure of members to be elected by its board of trustees, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience. Be it enacted, etc., as follows: SEC. 1. The members of the Trustees of Amherst College are hereby authorized to establish by by-law from time to time the tenure or term of office of members to be thereafter elected by the board of trustees, and to determine what officers of Trustees of Amherst College shall be members ex officio or shall be eligible for election as members by the board of trustees; provided, that the number of members, including members ex officio and the six members elected by the alumni of Trustees of Amherst College, shall not be greater than eighteen.1 SEC. 2. All special acts or parts of special acts relating to trustees of Amherst College which are inconsistent with the provisions of this act are hereby repealed. Approved, June 19, 1972. 1 Amended by Act of 1991. _____________ ACTS OF 1991, CHAPTER 158. AN ACT INCREASING THE MEMBERSHIP OF THE BOARD OF TRUSTEES AT AMHERST COLLEGE. Whereas, The deferred operation of this act would tend to defeat its purpose, which is to permit forthwith an increase in the number of members of Trustees of Amherst College from a maximum of eighteen to a maximum of twenty-one, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of public convenience. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: Section 1 of chapter 433 of the acts of 1972 is hereby amended by striking out, in line 8, the word “eighteen” and inserting in place thereof the following word: twenty-one. Approved, July 24, 1991.