North Carolina - Acts on Education Topics

An Act in Aid of the University of North Carolina.

1809 - Chapter III

The Laws of North Carolina of 1809 - Page 3

Whereas this state possesses certain funds from which no profit is yielded, but which, by the zeal, activity and united exertions of the Trustees of the University of North Carolina, might be rendered productive; and whereas, in the present embarassed state of the Institution, it is the bounden duty of the Legislature to afford to it such assistance as the nature of the public finances will justify:

Be it therefore 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 of the University of North Carolina be authorized and empowered to demand, sue for, recover and collect, from any Executor or Administrator of a deceased person, or the representatives of such Executor or Administrator, all sums of money, or other estate of whatever kind, that may be in the hands of such Executor or Administrator, that has remained or shall remain for seven years, after such Executor's or Administrator's qualifications, unrecovered by the creditors, legatees, or next of kin of the Testators or Intestate, and the same to hold without liability or profits or interest, until a just claim therefore shall be preferred; and if no such claim therefore be preferred within ten years thereafter, then the same to hold absolutely for the benefit of the University.

II. And be it further enacted, That all debts, dues and demands, which have accrued to this State, and all such balances as have been owing to this State, or to any Public Officer for the benefit thereof, or on before the thirty-first day of December, one thousand seven hundred and ninety-nine, be, and the same are hereby transferred and assigned unto the Trustees of the University of North Carolina, who are authorized to demand and receive from the Officers of this State, the documents and evidences by which the same are substantiated.

III. And be it further enacted, That to enable the said Trustees to carry into full effect the provisions of this Act, they are hereby authorized to bring any and every suit, either in law or equity, which may be proper and requisite to effect the premises, either in their own name, or in the name of the State, or the proper Officer thereof; and shall also have the same remedies, in every respect, as might have been had by the State, or the proper Officer thereof, previously to this Act; and that all laws and clauses of laws, which come within the meaning and purview of this Act, be, and the same are hereby repealed and made void.

Read three times and ratified in General Assembly,
21st December, 1809
William White, Secretary

Jos. Riddick, S.S.
T. Davis, S.H.C.

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