North Carolina - Acts on Education Topics

An Act Respecting the Academy and Town of Smithville in Brunswick County.

1816 - Chapter XLIV

The Laws of the State of North Carolina Enacted in the Year 1816 - Pages 32-33

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 William Hall, Sr., William Hall. Jr., Jonathan Rothwell, John Neale, Henry H. Neale, William Bryan, Sr., Joseph Walters, Henry Young, Roberts Gibbs, John Waddell, Hugh Waddell, Alfred Moore, Joseph Eagles, Richard Green, James Smith, Robert Howe, Peter Gause, John C. Baker, George C. Clitherall, Robert Potter, Samuel Potter, John Browne, Jr., Joseph Burch, Samuel Russell, John Gibbs, William Hankins, Samuel Hankins, William Gause, Samuel Frink, William Simmons, Joseph Russ, Thomas Russ, Benjamin R. Locke, William Wingate, John Moore, Marsden Campbell and William J. Grissett of Brunswick County—James McKay, William Cowan and Alexander C. Miller of Bladen County—Thomas Frink, James B. White and Isaac Powell of Columbus County—Hanson Kelly, James W. Walker, Jesse Wingate, Richard Nixon, George Cameron, Edward B. Dudley and Richard Parish of New Hanover County—Christopher Dudley Sr., Edward Ward and Eli Ward of Onslow County—Daniel Glisson, Andrew McIntire and Daniel L. Kenan of Duplin County, be, and they are hereby appointed trustees of said Academy, in addition to those who form the present board, with the same privileges, powers and authorities of the senior members, that whenever any vacancies shall happen in their board, the trustees shall and may use their discretion either in filling up the same, or in permitting their number to diminish by such vacancies, and they may make such rules and regulations to compel the attendance of the trustees of said Academy, as to them may appear expedient or necessary.

II. And be it further enacted, That from and after passing this Act any number of the trustees not less than seven including the president or a majority of the board, without the president, shall be a quorum and be at all times competent to exercise and discharge all the powers and duties which are or may be vested in or required of the trustees of said Academy: Provided nevertheless, That no number less than thirteen with the president of the board, or a majority of the trustees residing in Brunswick and New Hanover counties, without the president, shall form a board competent to appoint the principal (or principal teacher) at the Academy, or to appropriate any of the funds of the institution.

III. And be it further enacted, That there shall be a meeting of the board on Monday the twenty-seventh of January ensuing, of which the president shall give at least three weeks notice by advertisement in one of the newspapers of Wilmington, and at least three public places of Brunswick County, and in like manner when a special meeting is required of the board.

IV. And be it further enacted, That all meetings where the president does not attend, the majority shall select a chairman to preside over their proceedings.

V. And be it further enacted by the authority aforesaid, That the Act entitled "An Act to Amend an Act Entitled an Act to lay off and Establish a Town near Fort Johnston on the West Side of Cape Fear River in Brunswick County," be, and the same is hereby repealed and made void.

VI. And be it further enacted, That when from neglect or accident the proper time for election of commissioners has passed or may pass, the authority of the commissioners previously elected, and whose two years of service have expired, shall continue till a new election takes place: That the sheriff shall give notice at the Court House on the second day of the term, and at two other places in Smithville, and by advertisement under the Market House in Wilmington, and three other of the most public in Brunswick County, of which the Brick House shall be one; that an election will take place for commissioners of the town within fifteen days after the court have appointed inspectors, which it shall be the duty of the sheriff to apply for, and it is hereby declared the duty of the court to perform with or without the application of the sheriff, and the election shall be for commissioners to serve till the second Tuesday of July ensuing, when and on eveery second Thursday of July biennially, a regular election shall take place, and all elections for commissioners of the town, in that case he may appoint in writing a deputy for whose conduct he shall be answerable, and the said sheriff if he neglects his duty so that the election would not have been held at the proper time, if not for the interference and accomplishing it by others, he shall forfeit and pay the sum of fifty pounds for the use of said neglected town, the same to be recovered by an action of debt, in the superior court of the county; and in case of a tie the sheriff or deputy shall have a casting vote in said election of commissioners.

VII. And be it further enacted, That all elections for commissioners shall be held in the house erected in Smithville for a Court House, and within the hours heretofore appointed, and that at the end of the commissioner's oath previous to the words "so help me God," shall be added after the words "to the best of my skills, ability and judgment," the words "according to the law for regulating the town," without taking which oath they shall not be considered qualified.

VIII. And be it further enacted, That all Acts and clauses of Acts coming within the meaining and purview of this Act, or contrary thereto, shall be, and the same are hereby repealed and made void, any law, usage or custom to the contrary notwithstanding, and that this Act shall be in force from the ratification thereof.

Read three times and ratified in General Assembly,
this 28th Day of December, A.D., 1816
A True Copy - William Hill, Secretary of State

Jno. Branch, Speaker of the Senate
Ja. Iredell, Speaker of the House of Commons

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