North Carolina - Acts on Education Topics

An Act for the Encouragement of Learning in the District of Salisbury.

October 1784 - Chapter XXIX

The State Records of North Carolina - Volume XXIV, Pages 690-692

I. Whereas it appears to this General Assembly by the petition of the trustees of an academy at Charlotte in Mecklenburg county, lately known by the name Liberty Hall, that from various reasons the same is in an entire state of decay, and that it would be more eligible to have an academy for the education of youth at or near Salisbury, in the county of Rowan; and whereas the General Assembly are at all times disposed to give every proper encouragement for the promotion of learning, virtue and religion;

II. Be it therefore Enacted by the General Assembly of the State of North Carolina, and it is Enacted by the authority of the same: That his excellency Governor Martin, the Hon. Samuel Spencer, Abraham Alexander, John M'Knitt Alexander, Adlai Osborn, Samuel M'Cockle, James Hall, David Caldwell, Spruce M'Coy, Anthony Newnan, William H. Harington, Matthew Locke, Thomas Polk, William Sharpe, Adam Alexander, Peter Randolph, Joseph Williams, Benjamin Herndon, George Henry Burger, Joseph Winston, John Brown, William Hill, Caleb Pfifer, Joseph Dickson, John Walker, Charles M'Dowall, Thomas Frohock, Valentine Beard, John Lewis Beard, Sam. Shutes, John Steele, Maxwell Chambers and Matthew Troy, shall be and they are hereby declared to be a body politic and corporate, to be known and distinguished by the title of 'The trustees of Salisbury Academy,' late known by the name of Liberty Hall; and by the name of the trustees of Salisbury Academy shall have perpetual succession and a common seal; and that the said trustees and their successors by the name aforesaid, or any nine or more of them, shall be able and capable in law to take, demand, receive and possess all monies, goods and chattels, that shall be given them for the use of the said academy, and the same apply according to the will of the donors; and by gift, purchase or devise, to take, have, receive, possess, enjoy and retain, to them and their successors forever, any lands, rents, tenements or hereditaments of what kind, nature or quality soever the same may be, in special trust and confidence that the same or the profits thereof, shall be applied to and for the uses and purposes of establishing and endowing the said Salisbury Academy in the county of Rowan, building or purchasing suitable and convenient houses for the same, providing a philosophical apparatus and public library, and supporting and paying salaries to the president and such number of professors and tutors thereof as shall be necessary to instruct the students, and such as they shall be able to pay out of the funds that shall be in their hands.

III. And be it further Enacted by the authority aforesaid, that the said trustees and their successors, or any nine or more of them by the name aforesaid, shall be able and capable in law to bargain, sell, grant, demise, alien or dispose of, and convey and assure to the purchasers, all such lands, rents, tenements or hereditaments aforesaid, when the condition of the grant to them, or the will of the devisor doth not forbid the same: And further that the said trustees and their successors for ever, or any nine or more of them shall be able and capable in law by the name aforesaid, to sue and implead, be sued and impleaded, answer and be answered in all courts of record whatsoever.

IV. And be it further Enacted by the authority aforesaid, That the said trustees or any seventeen or more of them be, and they are hereby impowered and authorised to convene at Salisbury on the twenty-second day of March next after passing this Act, and then and there agree and determine on the place where it may appear to them or a majority of them then present most convenient and proper to purchase or erect buildings for the said seminary; and also then and there elect and constitute by commission in writing under their or a majority of their hands, and sealed with the common seal of the corporation, a proper person to preside at the said academy, who shall be a trustee during his continuance in office; and such president being so elected and commissioned, and the trustees or their successors, or any nine or more of them, at all other times thereafter, when convened and met together within the said county of Rowan, shall have full power and lawful authority to elect and constitute one or more professors or tutors, a secretary, a treasurer and steward; and also to make and ordain such laws, rules and regulations, not repugnant to the laws of this State, for the well ordering and governing the students, their morals, studies and academical exercises, as to them shall seem meet; and to give certificates to such students as shall leave the said academy, certifying their literary merit and the progress they shall have made in useful knowledge; in general they shall or may do all such things as are usually done by bodies corporate and politic, or such as may be necessary for the promotion of learning and virtue: And also that the said trustees, or any nine or more of them are hereby impowered, and shall have lawful authority to remove or displace the professors or tutors, the secretary, treasurer and steward, or any of them, if they should find it necessary; and further, that on the death, resignation or refusal to act, of either the professors or tutors, the secretary, treasurer or steward, others shall be elected in the room and stead of those dead, resigned or refusing to act.

V. And be it further Enacted by the authority aforesaid, That the treasurer of the said board of trustees shall enter into bond with sufficient security to the trustees aforesaid in the sum of one thousand pounds, conditioned for the faithful discharge of his office, and the trust reposed in him, and that all monies and chattels belonging to the said corporation that shall be in his hands at the expiration of his office shall then be immediately paid and delivered into the hands of the succeeding treasurer; and every treasurer shall receive all monies, donations, gifts, bequests and charities whatsoever, that may belong or accrue to the said academy during his office, and at the expiration thereof shall account with the trustees for the same, and the same pay and deliver over to the succeeding treasurer; and on his neglect or refusal to pay and deliver as aforesaid the same method of recovering may be had against him as is or may be provided for the recovery of monies from sheriffs or other persons chargeable with public monies.

VI. And be it further Enacted by the authority aforesaid, That on the death of any trustee, or in case any trustee should resign or neglect to serve during the space of two years after his or their appointment, then said trustees or any nine or more of them shall elect some fit person or persons in the room of him or them dead, resigning or so neglecting to act.

VII. And be it further Enacted by the authority aforesaid, That nothing contained in this Act shall be considered as tending to prevent the trustees from distinguishing their public hall, or their library by the names of such persons as may within two years give the most liberal donations to the said seminary. Provided That this seminary shall not be construed to be one of those mentioned in and intended by the constitution.

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