North Carolina - Acts on Education Topics

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

1802 - Chapter XXXVIII

The Laws of North Carolina of 1802 - Pages 25-26

Whereas the establishing of Seminaries of Learning, for the purpose of educating youth is essential to the happiness and prosperity of the community, and therefore 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 John Hunt, Francis Taylor, Epps Moody, John Haywood, Joshua Perry, Archibald Davis, William Lancaster, Jeremiah Perry, Jr., Richard Fenner, George Tunstall, Green Hill, William Green, Alexander Falconer and William Williams, Jr., esquires, and Major Jeremiah Perry, shall be and they are hereby declared to be a body politic and corporate, to be known and distinguished by the name of "The Trustees of the Franklin Academy," and by that name shall have perpetual succession; and they and their successors, by the name aforesaid, or a majority of them, shall be able and capable in law, to take, demand, receive and possess all monies, goods and chattels that shall be given for the use of said Academy, and the same apply according to the will of the donor; and by gift, purchase or devise, to take, have receive, possess, enjoy and retain, to them and their successors forever, any lands, rents or tenements of what kind or nature soever, in special trust and confidence, that the same of the profits thereof, be applied to and for the purpose of establishing and endowing the said Academy.

II. And be it further enacted by the authority of the same, That the said Trustees and their successors, or a majority of them, by the name aforesaid, shall be able and capable in law, to bargain, sell or in any manner dispose of, and convey and issue to the purchasers of any such lands, tenements and hereditaments whatsoever, when the condition of the grant to them, or the will of the devisor does not forbid; and further, the said Trustees, or a majority of them, shall be able and capable by the name aforesaid, to sue and plead, be sued and impleaded, in any court within this State; and they shall have power to open and receive subscriptions, and in general they shall and may do all such things as are incident to an usually done by bodies politic, or such as may be necessary for the promotion of learning and virtue.

III. And be it further enacted, That the said Trustees, or a majority of them, shall ahve power to appoint such Professors and Tutors as to them shall appear necessary, and also a Treasurer and Secretary, upon such conditions and with such restrictions as they may deem proper; and the said Trustees, or a majority, shall have the power to make all such laws and regulations for the government of the said Academy, and for the preservaation of order and good morals therein, as are usually made in such Seminaries.

IV. And be it further enacted, That upon the death, removal, inability, refusal to act or resignation of any of the said Trustees, it may be lawful for the remaining Trustees, or a majority of them, to elect others in the room of such Trustee or Trustees dead, removed, unable to attend, refusing to act or resigned; and that the Trustee or Trustees so elected, shall have equal power, authority and capacity with the Trustees hereby appointed; and the said Trustees, or a majority of them, are hereby authorized and empowered to purchase such quantities of land, and at such place as they may deem expedient for the erecting the building thereon, necessary for said Academy.

Read three times and ratified in General Assembly,
the 17th day of December, Anno Domini, 1802
William White, Secretary

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



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