North Carolina - Acts on Education Topics

An Act for Establishing an Academy in Murfreesborough, in Hertford County; and to Incorporate the Fayetteville Library Society.

1794 December - Chapter XCV

The Laws of North Carolina of 1794 - December - Pages 36-37

Whereas, it is the spirit and policy of every well regulated government to promote and establish feats of learning for the advancement and education of youth, and highly worthy the attention of every legislature: And whereas it is represented to this General Assembly, that Murfreesborough in Hertford County, is an eligible situation for establishing an academy:

I. Be it therefore enacted by the General Assembly of the state of North Carolina, and it is hereby by the authority of the same, That Hardy Murfree, James Henry Keys, Thomas Figures, Thomas Wynns, Godwin Cotten, Robert Montgomery, Thomas Fitt, James Maney, Lewis Meredith, John Maget, Bejamin Cokely and Jethro Darden, and their successors, to be elected in manner and form as hereafter directed, be and they are hereby nominated and appointed a body politic and corporate, to be known and distinguished by the name of the Truftees of the Murfreesborough Academy, and by that name to receive all subscriptions, gifts, grants, gratuities and donations of whatever kind, also all money or monies, or other property real or personal; and the same to hold in special confidence and trust for the use and benefit of the said academy, and agreeably to the intent and meaning of the benefactor or benefactors; and the said Trustees or a majority of them, them, and their successors, shall have full power and authority in law, as to ask for, demand and receive of each and every subscriber the respective sum or sums by them subscribed as aforesaid; and in case of refusal or neglect to pay, to sue for and recover the same, in the name of the Trustees, before any jurisdition having cognizance thereof; and the same when recovered, to lay out and apply to the benefit and advancement of said academy in such manner as shall best appear to the said Trustees or a majority of them. And for the better securing the application of any subscriprion or subscriptions, gift, grant, gratuity, or donation, or of any other property real or personal whatever, to the use, benefit and behoof of the said academy, agreeably to the intent and meaning of the donor or donors:

II. Be it further enacted, That the Trustees herein before mentioned, shall previous to their entering on the execution of the trust reposed in them by this Act, enter into bond of one thousand pounds, payable to the Chairman of the county court and his successors, conditioned for the faithful discharge of their trust as aforefaid; and shall be filed with the records of said court: Which bond shall and may be put in suit against the aforefaid Trustees, and their successors, by the name of the Trustees of the Murfreesborough Academy, upon breach or neglect of their trust aforesaid, by any subscriber or subscribers, donor or donors, or their heirs, executors, administrators or assigns, in the name of the person or persons to whom made payable, without any assignment thereon.

III. And be it further enacted, That the said Trustees, of a majority of them, shall meet annually on the third Monday of October in each and every year, or as often as the President, who is authorized and empowered to convene them, shall deem it necessary; and when met shall have full power and authority to appoint a master or masters; and also to make and ordain such rules and regulations (not inconsistent with law) for the well regulating the students in their morals and academical course as to them shall seem meet: And at all public examinations held at the discretion of the Trustees, the said Trustees, or a majority of them, shall have full power to grant such certificate or certificates, signed by the Secretary and countersigned by the President, to such student or students as in their respective classes shall be thought deserving of the same.

IV. And be it further enacted, That on the death, refusal to act, resignation or removal out of the state, of any of the Trustees for the time being, it shall be lawful for the remaining Trustees, or a majority of them; and they are hereby authorized and required to elect or appoint one or more Trustees, in the place of such Trustee or Trustees dying, refusing to act, resigning or removing as aforesaid.

V. And be it further enacted, That the said Trustees, or a majority of them, shall have full power and authority to remove the Master or Masters, the Treasurer, or any of them, if they shall think it necessary; and on the death, resignation, or refusal to act of any of them, to provide others in their place.

VI. And be it further enacted, That the Trustees appointed by this Act, shall have full power and authority annually to appoint a President, Treasurer and Secretary; which Treasurer, before entering upon his office, shall enter into bond of two thousand pounds, to the President for the time being and his successors, for the faithful discharge of his office and the trust reposed in him; and at the expiration of his office shall account with and deliver into the hands of his successor in office, all monies that may be in his hands belonging to the said Trustees; and on failure or neglect so to do, the same remedy shall and may be had against him, as against Sheriffs or other officers holding public monies.

VII. And be it further enacted, That the present members of the Fayetteville Library Society, and persons who may hereafter be admitted into the same, be, and are hereby constituted, a body corporate by the name of the Fayetteville Library Society; and by that name shall have succession, sue and be sued, and may purchase and convey property, and make bye-laws and regulations in all matters relating to the objects of their association, provided the same are not inconsistent with the laws and constitution of the state.

Read three times and ratified in General Assembly,
the 7th day of February, Anno Domini, 1795
J. Glasgow, Secretary

William Lenoir, S.S.
Timothy Bloodworth, S.H.C.



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