124 History of H Ingham. 



for transacting business ; and a major part of the members present shall 

 decide all questions that shall come before them ; that the principal Precep- 

 tor for the time being shall be ever one of them ; that a major part shall be 

 laymen and respectable freeholders of this Commonwealth, and never more 

 than four of the Trustees or their successors shall belong to, or be inhabi- 

 tants of, the town of Hingham afore-mentioned. 



And to perpetuate the succession of the said Trustees: 



Sec. 7. Be it further enacted by the authority aforesaid, That as often 

 as one or more of the Trustees of Derby School shall die or resign, or, in 

 the judgment of the major part of the said Trustees, be rendered, by age 

 or otherwise, incapable of discharging the duties of his office, then and so 

 often, the Trustees then surviving and remaining, or the major part of 

 them, shall elect one or more persons to supply the vacancy or vacancies. 



Sec. 8. Be it further enacted by the authority aforesaid, That the 

 Trustees aforesaid, and their successors be, and they hereby are, rendered 

 capable in law to take and receive by gift, grant, devise, bequest, or other- 

 wise, any lands, tenements, or other estate real and personal, provided 

 that the annual income of the said real estate shall not exceed the sum of 

 three hundred pounds, and the annual income of the said personal estate 

 shall not exceed the sum of seven hundred pounds ; both sums to be 

 valued in silver at the rate of six shillings and eight pence by the ounce ; 

 to have and to hold the same to them, the said Trustees and their succes- 

 sors, on such terms, and under such provisions and limitations, as may be 

 expressed in any deed or instrument of conveyance to them made. Pro- 

 vided always, that neither the said Trustees nor their successors, shall 

 ever hereafter receive any grant or donation, the condition whereof shall 

 require them or any others concerned, to act in any respect counter to the 

 design of the afore-mentioned Sarah Derby, as expressed in the afore- 

 mentioned Deed, or any prior donation ; and ail Deeds and instruments 

 which ' the said Trustees mav lawfullv make, shall, when made in the 

 name of the said Trustees, and signed and delivered by the Treasurer and 

 sealed with the common seal, bind the said Trustees and their successors, 

 and be valid in law. 



Sec. 9. Be it further enacted by the authority aforesaid. That the 

 aforesaid Trustees shall have full power and authority to determine at 

 what times and places their meetings shall be holden ; and upon the 

 manner of notifying the Trustees to convene at such meetings ; and also 

 upon the method of electing or removing Trustees ; and the said Trustees 

 shall have full power and authority to ascertain and prescribe, from time 

 to time, the powers and duties of their several officers, and to fix and 

 ascertain the tenures of their respective offices. 



Sec. 10. Be it further enacted by the authority aforesaid. That Samuel 

 Niles, Esq., be. and he hereby is authorized and empowered to fix the 

 time and place for holding the first meeting of the said Trustees, and to 

 certify them thereof. 



Madam Derby's will was dated June 30, 1789, and a codicil to 

 the same was dated June 4, 1790. She died, as is previously 

 stated, June 17, 1790. The portions of the will and codicil re- 

 lating to the Derby School are here given : — 



