North Carolina - Acts on Education Topics

An Act to Erect an Academy at the Town of Edenton, in the County of Chowan, and District of Edenton.

1800 - Chapter XXXIX

The Laws of North Carolina of 1800 - Pages 25-26

Whereas it is represented to this General Assembly, that the citizens of the aforesaid district are desirous of establishing and academy in the town of Edenton, that liberal subscriptions have been made, and trustees have already been appointed by the subscribers for carrying the same into effect; and whereas the good education of youth has the most direct tendency to promote virtue and ensure happiness and prosperity to the community, and therefore is worthy of legislative attention:

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 and academy for the instruction of youth be erected and established at the town of Edenton, on three lots and one fifth part of a lot known and distinguished in the old plan of the said town by the numbers and figures fifty-six, fifty-five, fifty-four and one-fifth of fifty-three, adjoining the last number of fifty-four, on Queen and Church streets, and lately purchased of Daniel Young and Elizabeth Mary Young, his wife, Samuel Clarkson, and Dorothy Skinner, by Samuel Johnston, Esquire, President elected, and the other elected Trustees of the said Edenton Academy, for its erection, and that the same shall for ever hereafter be under the name, style and title of the Edenton Academy.

II. And be it futher enacted by the authority aforesaid, That Samuel Johnston, Josiah Collins, Sr., Stephen Cabarrus, Naathaniel Allen, Thomas Fitt, Richard Benbury, Josiah Collins, Jr., James Granbury, Samuel Dickinson, Lemuel Creecy, Samuel Tredwell, John Little, Elisha Norfleet, William Slade, William Blair, James Hathaway, David Stone, Lawrence Baker, John Skinner, and Joseph Harvey, Esquires, they and their successors, to be elected in manner hereinafter directed, shall for ever be a body politic and corporate, in deed and in name, by the style of the Trustees of Edenton Academy; and by the same name they and their successors shall anbd may have perpetual succession, and be able and capable in law to receive, take and enjoy, to them and their successors, all such 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, which they now have, or may hereafter acquire by purchase, devise, donation or otherwise, for bulding erecting or supporting said academy, and paying salaries to the professors and tutors thereof.

III. And be it further enacted by the authority aforesaid, That the said trustees and their successors, or a majority of them, by the name aforesaid, shall be able and capable in law to grant, bargain, sell, alien, demise, dispose of and convey, any such lands, tenements, rents or hereditaments as aforesaid, when the will of the grantor doth not forbid the same: and further, that the said trustees and their successors for ever, or a majority of them, shall be able and capable in law and equity, by the name aforesaid, to sue and implead, be sued and impleaded, answer and be answered, defend and be defended, in all courts of record, and before all Judges and Justices whatsoever, by the name aforesaid; they shall 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.

IV. And be it further enacted, That the said trustees, or any seven of them with the President, or nine of them without the President, shall have full power and authority to meet at all times when they shall think proper at Edenton aforesaid, to deliberate, make and ordain such laws, rules and regulations for the government of the said academy (provided the same shall not be repugnant to or inconsistent with the laws and constitution of the United States or of this State) as to them shall seem meet, and to give certificates to such students as shall leave the academy, certifying their literary merit, and progress they shall have made in useful knowledge.

V. And be it further enacted, That the said trustees, or a majority of them, shall have full power and authority to fill up any vacancies which may happen in the said incorporate 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 are hereby declared to have the same power and privileges as the trustees named in and by this Act.

VI. And be it further enacted, That the said trustees, or a majority of them, shall, when convened, have power to elect and constitute one or more professors or tutors, and to remove or displace them, or any of them, if they shall find it necessary, and to appoint others in their stead, and shall also choose a President of the Board, Secretary and Treasurer.

VII. And be it further enacted, That the Treasurer, when appointed by the trustees aforesaid, previous to entering on the execution of his office, shall enter into bond with sufficient securities, to be approved of by the said trustees, or a majority of them, payable to the President for the time beling, conditioned for the faithful discharge of the duties 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, devises, bequests and charities whatsoever, that may belong or accrue ot the said academy during his continuance in 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.

VIII. And be it further enacted, That the said trustees, or a majority of them, shall be and they are hereby empowered to raise, by way of lottery, to be drawn under their particular superintendence and instruction, any sum or sums of money not exceeding three thousand dollars, for the use and benefit of said academy.

Read three times and ratified in General Assembly,
the 20th day of December, Anno Domini, 1800
William White, Secretary

Joseph Riddick, S.S.
Stephen Cabarrus, S.H.C.

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