North Carolina - Acts on Education Topics

An Act to Erect and Establish an Academy in the County of Franklin.

1786 - Chapter LXXVII

The State Records of North Carolina - Volume XXIV, Pages 876-878

Whereas the establishing an Academy in the said county for the education of youth will be attended with great advantages to the State in general, and the county of Franklin in particular:

I. Be it therefore enacted by the General Assembly of the State of North-Carolina, and it is hereby enacted by the authority of the same, That Doctor John King, William Lancaster, Josiah Love, Benjamin Seawell, Robert Goodlow, Robert Bell, Jorden Hill, Francis Taylor, Hugh Hays, William Green, Thomas Stokes and Doctor William Varell, Esquires, be and they are hereby constituted and appointed Trustees, with full power and authority to receive into their hands and possession, all monies and other property which have been or hereafter may be subscribed for the purpose of erecting an academy in the town of Lewisburg in the county aforesaid by the name of Franklin Academy, and the said Trustees and their successors shall be able and capable in law to ask for and demand, receive and possess of the several subscribers all sums by them respectively subscribed, and in case of refusal of any of them to pay the same, to sue for and recover by action of debt or otherwise, in the name of the Trustees, the sum which such person so refusing shall have subscribed, in any jurisdiction having cognizance thereof, and the monies when collected and received to be applied by the said Trustees or a majority of them towards paying for the house already contracted for to be erected in the said town, to contract with and employ a Tutor or Tutors, and to perform every act or thing that they or a majority of them shall think necessary and expedient for the advancement of the said academy, and the promotion of learning therein.

II. And be it further enacted by the authority aforesaid, That the Trustees herein before mentioned, shall previous to their entering on the execution of the trust reposed by this Act, give bond to the court of the county, payable to the Chairman and his successor, in the sum of one thousand pounds specie, with condition that they shall well and faithfully account for and apply all gifts, donations, bequests and monies which they may receive of and by virtue of this Act for the purposes aforesaid.

III. And be it further enacted by the authority aforesaid, That if any of the Trustees by this Act appointed shall die, refuse to act or remove away, that he cannot attend the duties of his appointment, the remaining Trustees may appoint another or others in his or their stead, who shall exercise the same powers as Trustees appointed by this Act, and when met together in said town shall have power and authority to elect and constitute one or more Tutor or Tutors and a Treasurer, and also to make and ordain such rules and regulations not repugnant to the laws of this State for the well ordering of the students, their morals, studies and academical exercises as to them shall seem meet, and to give certificates to such students as shall leave said academy certifying their literary merit: Provided, They shall not on any account confer any degree such as Bachelor or Master of Arts, or Doctor in any faculty; 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; and the said Trustees or a majority of them are hereby impowered and shall have lawful authority to remove the Tutor or Tutors, Treasurer or any of them if they shall find it necessary, and on the death, resignation or refusal to act of any of them, to appoint and elect others in the stead of those displaced, dead or refusing to act.

IV. And be it further enacted by the authority aforesaid, That the Trustees by this act appointed or a majority of them and their successors, shall meet annually on the second Monday in December in each and every year, or at any other time they may find more convenient, and elect a proper person out of their own body to preside for the term of one year, who may convene the Trustees at any time he may find it necessary. Provided always, That he shall give ten days previous notice of such meetings; and that the President and Treasurer shall be chosen on the said second Monday in December unless in cases of unavoidable accident.

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, conditioned for the faithful discharge of the trust reposed in him by this Act; and that all monies and chattels that shall be in his hands at the expiration of his office, shall be immediately paid into the hands of the succeeding Treasurer; and every Treasurer shall receive all monies, donations, gifts, bequests and charities that may belong or accrue to said academy during his office, and at the expiration thereof shall account with the Trustees or a majority of them for the same, and on refusal or neglect to pay and deliver as aforesaid, the same mode of recovery may be had against him as is or may be provided for the recovery of money from Sheriffs or other public officers.

Passed Jan. 6, 1787.

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