North Carolina - Acts on Education Topics

An Act for Establishing an Academy in Kinston, in the County of Dobbs, and to Amend the Act Establishing the Academy in the District of Salisbury.

1785 - Chapter XXXII

The State Records of North Carolina - Volume XXIV, Pages 754-756

Whereas liberal subscriptions have been made and a prospect of considerable additions towards establishing a seminary of learning at Kinston in the county of Dobbs. And whereas the proper education of youth is essential to the happiness and prosperity of every community, and therefore worthy the attention of the Legislature:

I. Be it Enacted by the General Assembly of the State of North Carolina, and it is hereby Enacted by the authority of the same, That an academy be erected and established at the town of Kinston, in Dobbs county, for the education of youth, under the name, stile and title of the Dobbs Academy.

II. And be it further Enacted by the authority aforesaid, That his Excellency Richard Caswell, the Honourable Alexander Martin, Richard Dobbs Spaight, William Blount, Joseph Leech, John Hawks, Jesse Cobb, James Glasgow, Charles Markland, John Isler, John Herritage, Benjamin Coleman and John Court, and they and their successors, to be elected in manner herein after directed, shall forever be a body politic and corporate in deed and in name, by the title of the trustees of the Dobbs Academy, and by the same name they and their successors shall and may have perpetual succession, and be able and capable in law to receive, take and enjoy to them and their successors, lands, tenements, rents and hereditaments of any kind, nature, quality or value, in fee or in perpetuity, and also estates for lives and for years, and all sums of money, goods, chattels and things whatsoever of any nature, quality or value for building, erecting and supporting the said academy, paying salaries to the president, professors and tutors thereof; and by the same name they and their successors shall and may be able to implead and be impleaded, answer and be answered unto, defend and be defended, in all courts and places, and before all judges and justices whatsoever, in all actions, pleas, plaints and demands; and to grant, bargain, sell or assign any lands, hereditaments, tenements, goods or chattels; and to act and do all things whatsoever for the use aforesaid, in as full and ample a manner and form as any natural person or body politick or corporate can or may by law; that they shall and may have a common seal for the business of them and their successors, with liberty to change, break, alter or make new the same from time to time as they shall think proper.

III. And be it further Enacted by the authority aforesaid, That the said trustees, or any five or more of them, shall have full power and authority to meet at all times when they shall think proper at the said town of Kinston, to deliberate, resolve upon and carry into effect the laws and regulations to be by them made for the government of the said academy, and shall have full power to fill up any vacancies which may happen in the said incorporated body of trustees, by the death, refusal to act, resignation or removal out of the State of any of its members, and the persons appointed to fill such vacancies shall be, and they are hereby declared to have the same power and privileges as the trustees named in and by this Act.

IV. And be it further Enacted by the authority aforesaid, That the said trustees or a majority of them be, and they are hereby authorised and empowered to convene at the court house in Kinston, on the first Monday in July next after the passing of this Act, and then and there elect and constitute by commission in writing under their hands, or the hands of a majority of them, 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 vested with the same powers, privileges and authorities as any trustee named in and by this Act; and such president and the trustees or their successors or any five or more of them at all other times thereafter, when met together in the said town, shall have full power and authority to elect and constitute one or more professors or tutors, a secretary, treasurer and steward; and also to make and ordain such laws, rules and regulations, not repugnant to or inconsistent with 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 progress they shall have made in useful knowledge; in general, they shall and 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.

V. And be it further Enacted by the authority aforesaid, That the said trustees or a majority of them, are hereby authorised and declared to have power to remove or displace the professors or tutors, the secretary, treasurer and steward, or any of them if they shall find it necessary, and appoint others in their stead; and in case of the death, resignation or refusal to Act of the president, or any of the said professors or tutors, the secretary, treasurer or steward, others shall be elected by such trustees in the room and stead of those dead, resigning or refusing to act.

VI. And be it further Enacted by the authority aforesaid, That every treasurer appointed by the trustees aforesaid, shall previous to the entering upon his office, enter into bond in the sum of one thousand pounds payable to the trustees aforesaid, 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 which shall be in his hands at the expiration of his office, shall then be immediately paid and delivered into the hands of his successor in office, 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 on his neglect or refusal to pay and deliver to his successor as aforesaid the monies and chattels in his hands, the same mode of recovery shall and may be had against him, as is or may be had for the recovery of monies from sheriffs or other persons chargeable with public monies.

VII. And be it further Enacted by the authority aforesaid, That nothing contained in this Act shall be construed to prevent the trustees from distinguishing the public hall, or their library, by the name of such persons, who may within two years from the said first Monday in July next, make the most liberal donations to the said academy. Provided nevertheless, That this seminary shall not be construed to be one of those mentioned or intended by the constitution.

Whereas it is deemed necessary that an addition of members be made to the board of trustees of the Salisbury academy:

VIII. Be it further Enacted by the authority aforesaid, That the Reverend Robert Archibald, Adolphus Nuffman, and Doctor Thomas Donnell, be added to the board of trustees of the Salisbury Academy, and be vested with the same powers and authorities which any of the trustees aforesaid are vested with, by an Act of the General Assembly for the encouragement of learning in the district of Salisbury.

Passed December 29, 1785.

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