Elections of trustees by contributors or stockholders.

871. The trustees on the part of the contributors or stockholders shall be elected from their own number, at a meeting to be held on the first Monday in May, annually.51 State trustees. Nomination and appointment.

872. The contributors or stockholders shall, at the annual meeting, select and nominate to the superintendent of public instruction twice as many persons as are to be appointed, from whom, if satisfactory to him, he shall appoint the required number to act in the board as trustees on the part of the state; but if the nominations so made be not satisfactory to the said superintendent of public instruction he shall, with the advice and consent of the governor, choose others deemed more suitable.52

First election and appointment.

873. At the first annual meeting, after the passage of this act, of the contributors or stockholders of all normal schools now acting as state institutions, and at a meeting of the contributors or stockholders of all normal school associations applying to the proper authorities for recognition as state normal schools, twelve persons shall be elected trustees on the part of such contributors or stockholders, four to serve for one year, four for two years, four for three years; and thereafter only four persons are to be elected annually, to serve for three years; and at the same time, said meetings of contributors or stockholders shall nominate twelve persons to the superintendent of public instruction from whom, if satisfactory, or if not, as hereinbefore directed, he shall appoint two trustees to serve for one year, two for two years, two for three years; the nominations for all subsequent years being limited to four, and the appointments to two, to serve for three years.53

Quorum.

874. Seven trustees shall be necessary to constitute a to do business; and that after the approval proquorum

vided for in section seventh of the act of 1857,54 all changes in by-laws and rules for regulating the proceedings of the board must be approved by the superintendent of public instruction. 55

Powers and privileges of the two classes of trustees.

875. The powers and privileges of the two classes of trustees in the board shall be the same; but it shall require a three-fourths vote of all the trustees présent at any meeting of the board to pass any motion or resolution on which the yeas and nays are called.* 56

Meeting of board of trustees. Majority of trustees requisite to pass motions.

876. So much of the sixth section of the act to which this is a supplement, as provides that it shall require a three-fourths vote of all of the trustees present at any meeting of the board to pass any motion or resolution on which the yeas and nays are called, be and the same is hereby repealed, except so far as relates to any motion or resolution for the sale of real estate belonging to the corporation, or for the purchase of real estate by the corporation, or for creating any lien on said real estate by payment or mortgage, or for the expenditure of moneys appropriated by the state where such expenditure is not specifically designated by law, or for the surrender of the franchises of the corporation: Provided, That at any such meeting a majority of the whole board of trustees be present.58

Distribution of state appropriation.

877. All state appropriations made directly to normal schools shall be distributed through a commission, consisting of the governor, the superintendent of public instruction and the attorney general, on such conditions as shall protect the interests of the state, and to do exact and equal justice to the several schools; and the conditions of all such

appropriations, when made to aid students in becoming teachers, shall be fixed by the law making them.59

Limitation of indebtedness.

878. No institution shall hereafter be recognized as a state normal school with an indebtedness exceeding onethird of the value of the property belonging thereto, nor without being fully provided with buildings, furniture and apparatus as the law requires.60

Bonded indebtedness may be refunded. Increase of mortgage. Statement to auditor general.

879. The several normal schools of the state of Pennsylvania, by their trustees, be and they are hereby authorized and empowered to replace, upon the buildings and grounds of any of said schools or any part of the same, any mortgage that is or shall become due on or after the passage of this act, at a lower rate of interest, not to exceed five per centum per annum; and to increase said mortgage to a sum not, in any event, to exceed fifty thousand dollars, for the payment of debts contracted by the trustees of such normal school prior to the time of the passage of this act: Provided, Said increase is for the purpose of paying loans and indebtedness heretofore contracted by said trustees for the erection of buildings and making of improvements to buildings and grounds: And provided, also, That an itemized and certified statement of the expenditures of said buildings and improvements be first submitted to the auditor general, and be approved by him.61

Execution of bonds and mortgages.

880. The bonds and mortgages of such school, hereby authorized, shall be signed by the president and attested by the secretary of the board of trustees, under the seal of the school, by the direction of the board of trustees, and shall be payable at such time as they may fix.62

Priority of lien. Exemption from tax.

881. The said bonds and mortgages, to be so placed, shall be prior liens to all mortgages and liens of the Commonwealth of Pennsylvania for money heretofore appropriated to the said schools by the state of Pennsylvania; and that said bonds and mortgages shall be and hereby are exempt from all taxes.63

No power to mortgage without special statutory authority.

882. The trustees of a state normal school have no power to mortgage the school property in the absence of authority by special statute. The act of the 22d of May, 1901, confers such power only for the purpose of refunding existing bonded indebtedness at a lower rate of interest. Normal schools subject to mechanics' liens.

883. A normal school incorporated for the purpose of training teachers for the public schools, and receiving recognition and aid from the state under the act of May 20, 1857, P. L. 581, is not a quasi public corporation, and its property is subject to mechanics' liens. 65

Condemnation of real estate. Enlargement of school grounds. Bond.

884. Whenever the board of trustees of any state normal school of this Commonwealth deem it necessary to enlarge the area of the real estate upon which the buildings of said normal school are erected, to meet the growing demands of said institution, including a campus, and cannot agree with the owner or owners of the land they wish to acquire, as to its purchase or occupancy, it shall be lawful for said board of trustees, on behalf of said normal school district, to enter upon and occupy sufficient ground for the purposes aforesaid, which they shall mark off, not exceeding two acres, and to use and occupy the same, for the purposes for which they desire to use and occupy the same in connection with the said school; and for all damages done for the taking of the same, for the purposes as aforesaid, the

63. Act May 22, 1901, Sec. 2, P. L. 290.

64. School Boards, II D. R. 134, 1902.

65. McLeod vs. Normal School, 152 Pa. 575, 1893.

trustees of such normal school district shall give bond, with security approved by the court of common pleas of the county in which such lands are situated, conditioned for the payment of such damages when the same shall be agreed upon by the parties or assessed according to law, which bond shall be filed in said court, for the use of the person interested.66

Petition. Appointment of viewers.

885. The court of common pleas of the county in which said normal school is located, on application thereto by petition, either by said normal school district by its president or secretary, they being instructed by their board so to do, or by the owner or owners of said lands, in behalf of all to appoint a jury, consisting of three disinterested citizens of said county and appoint a time, not less than thirty days thereafter, for said viewers to meet upon said land, of which time and place at least ten days' notice shall be given by petitioner to the said viewers and the other party.67

Viewers to be sworn.

886. The said viewers or any two of them having first been duly sworn or affirmed faithfully, justly and impartially to decide and a true report to make concerning all matters to be submitted to them in the premises.68

The view. Estimate of damages. Report.

887. Having viewed the ground, they shall estimate and determine the quantity and value of said land so taken, to be used for the purposes aforesaid; and after having made a just and fair comparison of the advantages and disadvantages, they shall estimate and determine whether any, and, if any, what amount of damages has been or may be sustained, and to whom payable, and make report thereof to said court; and if damages be awarded, and the report be confirmed by the said court, judgment shall be entered therefor; and if the amount thereof be not paid within thirty days after the entry of said judgment, execution to

66. Act July 10, 1901, Sec. 1, P. L. 632. 67. Act July 10, 1901, Sec. 2, P. L. 632. 68. Act July 10, 1901, Sec. 2, P. L. 632.