Education. 123 



Cushing and the Hon. Nathan Cdshing, both of Scituate, in the 

 county of Plymouth, Esqrs. ; John Thaxter, of Haverhill, in the County 

 of Essex, Esq. ; and Benjamin Lincoln, of Boston, in the said county 

 of Suffolk, Gentleman, on the other part. 



Sec. 2. Be it further enacted by the authority aforesaid, That the afore- 

 mentioned Ebenezer Gay, Daniel Shute, John Thaxter, Benjamin 

 Lincoln, Cotton Tufts, Richard Cranch, William Cushing, Na- 

 than Cushing, John Thaxter, and Benjamin Lincoln, be, and they 

 hereby are nominated and appointed Trustees of the said School, and they 

 are hereby incorporated into a body politic, by the name of The Trustees 

 of Derby School, and they and their successors shall be and continue a 

 body politic and corporate, by the same name forever. 



Sec. 3. Be it further enacted by the authority aforesaid, That all the 

 lands and buildings which by the afore-mentioned Deed of Lease and Re- 

 lease, were given, granted and conveyed by the afore-mentioned Sarah 

 Derby, unto the said Ebenezer Gay, Daniel Shute, John Thaxter, 

 Benjamin Lincoln, Cotton Tufts, Richard Cranch, William 

 Cushing, Nathan Cushing, John Thaxter and Benjamin Lincoln, 

 and to their heirs, be, and they hereby are confirmed to the said Ebene- 

 zer Gay and others last named and to their successors, as Trustees of 

 Derby School forever, for the uses, intents and purposes, and upon the 

 trusts which in the said Deed of Lease and Release, are expressed ; and 

 the Trustees aforesaid, their successors, and the officers of the said School, 

 are hereby required, in conducting the concerns thereof, and in all matters 

 relating thereto, to regulate themselves comformably to the true design 

 and intention of the said Sarah Derby, as expressed in the Deed above- 

 mentioned. 



Sec. 4. Be it further enacted by the authority aforesaid, That the said 

 Trustees and their successors shall have one common Seal, which they 

 may make use of in any cause or business that relates to the said office of 

 Trustees of the said School ; and they shall have power and authority to 

 break, change and renew the said Seal from time to time, as they shall 

 see fit, and they may sue, and be sued in all actions real, personal and 

 mixed, and prosecute and defend the same to final judgment and execu- 

 tion, by the name of the Trustees of Derby School. 



Sec. 5. Be it further enacted by the authority aforesaid, That the said 

 Ebenezer Gay and others, the Trustees aforesaid, and their successors, 

 the longest livers and survivors of them, be the true and sole visitors, 

 Trustees, and governors of the said Derby School, in perpetual succession 

 forever to be continued in the way and manner hereafter specified, with 

 full power and authority to elect a President, Secretary and Treasurer, 

 and such officers of the said School as they shall judge necessary and 

 convenient ; and to make and ordain such laws, rules and orders, for the 

 good government of the said School, as to them, the Trustees, governors, 

 and visitors aforesaid, and their successors, shall from time to time, ac- 

 cording to the various occasions and circumstances, seem most fit and req- 

 uisite ; all of which shall be observed by the officers, scholars and servants 

 of the said School, upon the penalties therein contained. 



Provided, notwithstanding, that the said rules, laws and orders, be no 

 ways contrary to the laws of this Commonwealth. 



Sec. 6. Be it further enacted by the authority aforesaid, That the number 

 of the said Trustees and their successors, shall not at any one time, be 

 more than eleven nor less than nine, five of whom shall constitute a quorum 



