North Carolina - Acts on Education Topics

An Act to Amend an Act, Entitled, An Act for the Promotion of Learning in the District of Wilmington.

1788 - Chapter XXXIX

The State Records of North Carolina - Volume XXIV, Pages 984-985

Whereas an act for the promotion of learning in the district of Wilmington, made and ratified at Hillsborough, the seventeenth day of May, one thousand seven hundred and eighty-three, is in many respects defective, and several of the Trustees therein named being dead or left the state, and the remainder being a bare majority being too much dispersed to meet with convenience at any one place, the said act cannot be carried into effect; by reason of which the testamentary donation of the late James Innes, Esquire, is in danger of being lost: For remedy whereof,

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 the Trustees shall consist of not less than twenty and not more than thirty members, and that Thomas Clark, John Fergus, John Huske, James Read, Joshua Potts, Frederick Jones, John Swann, John Ablin Campbell, Thomas Craike, Thomas Wright, John Pugh Williams, Henry Watters, Thomas Maclaine, John Hill, John M'Kenzie and Thomas Younger, be and they are hereby appointed Trustees of Innes Academy, jointly with the surviving Trustees now in this state appointed by the before mentioned act; and that the said Trustees shall be a body politic and corporate, and by the name and title of the President and Trustees of Innes Academy shall have perpetual succession, and by the same name shall sue and be sued, plead and be impleaded in all courts whatsoever, and their common seal affixed to any instrument or testimonial, shall be legal testimony in any suit in law or equity.

II. And be it Enacted by the authority aforesaid, That the said Trustees, or a majority of them, by the name, style and title of the President and Trustees of Innes Academy, shall have full power and authority from time to time, as they shall see fit and reasonable, to make rules, ordinances and bye-laws as to them may appear necessary, for the order and good government of the said academy, and the teachers and students thereof, as well as for the regularity of their proceedings; and such rules, ordinances and bye-laws to alter and change as to them shall seem expedient: Provided always, That such rules, ordinances and bye-laws shall be reasonable, and not inconsistent with the constitution of the state.

III. And be it Enacted, That the Trustees by this and the before mentioned act, or a majority of them being met together, shall have full power and authority at their first meeting, or at any subsequent general meeting, if they should deem it necessary, to elect by ballot a sufficient number of persons to be Trustees to make the whole number as aforesaid; and if any Trustee shall absent himself at two successive general meetings, without assigning a sufficient cause for so doing, he shall be considered as having voluntarily withdrawn himself as a Trustee, and his place shall be supplied by a new choice; and no Rector, Professor or Tutor shall be liable to militia duty; provided there are not more than three employed in teaching one branch of literature; nor shall any student of the said academy be obliged to attend at any militia musters.

IV. And be it further Enacted by the authority aforesaid, That exclusive of a President the said Trustees shall choose at their first meeting not less than three Vice-Presidents, and every Trustee who shall have been a President, shall be considered afterwards as one of the Vice-Presidents; and at any meeting where the President shall happen to be absent, the Vice-President who shall first appear at that meeting shall preside for the time.

V. And be it also Enacted, That the said Trustees may choose a Treasurer without limitation of time, but may remove him at pleasure; but before such Treasurer shall enter upon execution of his office, he shall give bond to the President and Trustees in double the value which he may be authorized to receive, and so from time to time as he may be empowered to receive monies, subscriptions, rents or donations, with a condition thereto underwritten, that he well and faithfully pay and account for the same whenever thereto demanded; a copy of every which bond shall be certified by the Secretary for the time being, and shall be acknowledged in the court of New Hanover County, where the Clerk shall file the same, and be entitled to demand and receive a fee of ten shillings for so doing.

VI. And be it further Enacted, That the first meeting of the said Trustees shall be in the town of Wilmington, on the first day of January after the passing of this Act; and all future meetings shall be in the said town until a proper building shall be erected for the academy, and a convenient chamber can be spared for the Trustees, and then the meetings shall be held in the academy; and any three members residing in the town giving notice to the other Trustees to attend the first meeting, shall be of equal force as if the officers were chosen: Provided always, That after the first meeting the President and Trustees shall be authorized to empower any less number than a majority of the whole, to do and perform such acts as they shall deem necessary, so that the funds of the academy shall not be disposed of, or the salaries of the teachers enhanced or diminished: Provided, That they shall not on any account grant degrees or titles, such as Bachelor or Master of Arts, or Doctor in any faculty; Provided also That nothing herein contained shall be construed so as to make this one of the academies mentioned in the constitution of this state.

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