North Carolina - Acts on Education Topics

An Act for Erecting an Academy in the Town of Tarborough.

1813 - Chapter XLVIII

The Laws of North Carolina of 1813 - Page 27

Be if enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, That Franklin L. Dancey, Edmund D. McNair, Jeremiah Battle, Robert Joyner, Bennet Barrow, James W. Clarke, Joel Battle, James Southerland, Henry A. Donaldson, Peter Evans and Carey Whitaker, be and they and their successors, to be elected in manner herein after directed, shall forever be a body politic and corporate in deed and in name, by the style of "The Trustees of the Tarborough Academy," and by the same name they and their successors shall and may have perpetual succession, and be able and capable in law to receive, take and enjoy to them and their successors, lands, tenements and hereditaments of any kind or nature, quality or value, in fee; and also estates for lives and for years, and all sums of money, goods, chattels and things whatsoever of any nature, quality or value, and by the same name, they and their successors shall and may be able to implead and be impleaded, answer and be answered unto, defend and be defended, in all Courts and places, in all actions, pleas, plaints and demands, and to grant, bargain, sell or assign any lands, tenements, hereditaments, goods or chattels; and to act and do all things whatsoever for the use aforesaid in as full and ample a manner and form as any natural person or body politic or corporate can or may by law; that they shall and may have a common seal for the business of their and their successors, with liberty to change, alter or make new the same from time to time as they shall think proper.

II. And be it further enacted, That the said trustees, or a majority of them, shall have full power and authority to meet at all times they shall think proper at the town of Tarborough, to deliberate, resolve upon and carry into effect the laws and regulations to be by them made for the government of the said Academy, and shall have full power to fill up any vacancies which may happen in the said incorporated 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 they are hereby declared to have the same power and privileges as the trustees named in and by this Act.

III. And be it further enacted, That the said trustees, or a majority of them, be and they are hereby authorized and empowered to convene at Tarborough at any time after the passing of this Act, and then and there elect and constitute by commission in writing, under their hands or the hands of a majority of them, a proper person to preside at said Academy, who shall be a trustee during his continuance in office, and vested with the same powers, privileges and authorities as any trustee named in and by this Act; and such president and the trustees, or their successors, or any seven of them, at all other times thereafter when next together in the said town of Tarborough, shall have full power and authority to elect and constitute one or more Professors or Tutors, a Secretary, Treasurer and Steward; and also to make and ordain such laws, rules and regulations, not repugnant to or inconsistent with the Laws and Constitution of this State or of the United States, for the well ordering and governing the Students, their morals, studies and academical exercises, as to them shall seem meet; and to give certificates to such students as shall leave the said Academy, certifying their literary merit and the progress they shall have made in useful knowledge; and in general they shall and may do all such things as are usually done by bodies corporate and politic,or such as may be necessary for the promotion of learning and virtue.

IV. And be it further enacted, That the said trustees, or a majority of them, are hereby authorized and declared to have power to remove or displace the president, professors or tutors, the secretary, treasurer or steward, or any of them, if they shall find it necessary, and appoint others in their stead; and in case of the death, resignation or refusal to act of the president or any of the said professors or tutors, the secretary, treasurer or steward, others shall be elected by such trustees in the room and stead of those dead, resigning or refusing to act.

V. And be it further enacted, That every treasurer appointed by the trustees aforesaid, shall previous to the entering upon his office, enter into bond in the sum of two thousand pounds, payable to the trustees aforesaid, conditioned for the faithful discharge of his office and the trust imposed in him; that all monies and chattels belonging to the said corporation, which shall be in his hands at the expiration of his office, shall be then immediately paid and delivered into the hands of his successor in office: And every treasurer shall receive all monies, donations, gifts, bequests and charities whatsoever that may belong or accrue to the said Academy during his 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 may be had for the recovery of monies from the sheriff or other persons chargeable with public monies.

VI. And be it further enacted, That two acres of land belonging to the Town Commons in the town of Tarborough, be and the same, is hereby vested in the said trustees and their successors. And the said trustees may fix upon the spot where the said two acres shall be allotted to them; and to cause the same to be surveyed, and a plat thereof be returned into the office of the Clerk of County Court of said county, and such plat being recorded and registered, the said two acres of land shall hereafter be held by the said trustees and their successors.

VII. And be it further enacted, That nothing herein contained shall be construed so as to make this one of the Academies mentioned in the Constitution of this State.

Read three times and ratified in General Assembly,
the 25th Day of December, A.D., 1813
A Copy - William Hill, Secretary

George Outlaw, Speaker of the Senate
William Miller, Speaker of the House of Commons



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