North Carolina - Acts on Education Topics

An Act to Establish an Academy at Smithville, in the County of Brunswick.

1798 - Chapter LV

The Laws of North Carolina of 1798 - Pages 27-28

Whereas, the promotion of learning deserves high enouragement in a Republic, the safety and happiness of the state depending on the knowledge and morality of the people; and the situation of Smithville, at the mouth of Cape Fear River, holds out a prospect of health and plenty, from its vicinity to the sea, whence from the abundance of marine provision, it is probable that students may be accommodated, at a moderate expense,

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 Benjamin Smith, Benjamin Mills, William Gause, John G. Scull, William E. Lord, Abraham Bessent and Joshua Potts, be and they are hereby declared to be a body politic and corporate to be known and distinguished by the name and title of the Trustees of the Smithville Academy, and by that name shall have perpetual succession and that the said Trustees and their successors by the name aforesaid, or a majority or 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 said Academy, and the same apply according to the will of the donors, and by gift, purchase and devise, have, receive, possess, enjoy and retain, to them and their successors for ever, any lands, rents, tenements and hereditaments of what kind, nature or quality soever they may be, in special trust and confidence, that the same or the profits thereof shall be applied to and for the use and purpose of establishing and endowing said Academy.

II. Be it further enacted, That the said Trustees or their successors, or a majority 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 any such land, rents, tenements and hereditaments aforesaid, when the condition of the grant to them, or the will of the donor or devisor does not forbid it. And further, that they the said Trustees and their successors, forever, or a majority 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; and they shall have power to open and receive subscriptions, and in general they shall and may do all such things as are usually done by bodies corporate and politic, or such as shall be necessary for the promotion of learning and virtue. And they the said Trustees and their successors or a majority of them, shall have the power of appointing a President and such Professors and Tutors as to them shall appear necessary and proper, whom they may remove for misbehavior, inability or neglect of duty, and they shall have the power to make all such laws and regulations for the government of the Academy and preservation of religion, order and good morals therein as to them may appear necessary, and are hereby invested with all the powers and anthorities which the Trustees of any other seminary of learning in this state have or may possess or enjoy. Provided nevertheless, That the same are not contrary to the constitution or laws of the state.

III. Be it further enacted, That the said Trustees, in order to carry the present Act into effect, shall meet at the court house of said county, on Tuesday the twenty-ninth day ot January next, at which time they shall choose a President and Sectetary, and shall then fix the time of their next annual meeting, which ever succeeding anual or other meeting, shall be at the said town of Smithville, and whereat a majority of the members shall be a quorum, and the said Trustees at their annual meeting may appoint special meetings within the year, or in case unforeseen accidents or causes shall render an earlier meeting necessary, the Secretary by order of the President, shall call a meeting of the Board agreeably to the said order.

IV. And be it further enacted, That on the death, refusal to act, or neglect to attend three successive meetings of the Board without a sufficient excuse being sent to the Trustees at such third meeting, for the said absence, that it shall be lawful for the remaining Trustees, and they are hereby authorized to elect and appoint one or more Trustees in the place of such as die, refuse or neglect to act; which Trustee or Trustees so appointed shall be vested with the same powers, trusts and authorities as the Trustees are by virtue of this Act.

Read three times and ratified in General Assembly,
the 24th day of December, Anno Domini, 1798
William White, Secretary

Benjamin Smith, S.S.
Mussendine Matthews, S.H.C.



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