North Carolina - Acts on Education Topics

An Act to Incorporate the Smithfield Academy, in Johnston County.

1819 - Chapter XLIV

The Laws of the State of North Carolina 1819 - Pages 44-45.

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 Washington Bryan, Samuel Mitchner, David Turner, John Sanders, Jr., R. H. Helme, Bryan Smith, Thomas Lockhart, Jr., A. S. Ballinger, Harry Guy, W. H.Guy, David H. Bryan, Henry Bryan, John C. Guy, John Farmer, Jacob Stephens, Green H. Scott, David Thompson, Thomas Rice and Moses L. Hill, be and they are hereby declared a body politic and corporate, to be known and distinguished by the name of the Trustees of the Smithfield Academy. And by that name shall have perpetual succession and a common seal; and shall be able and capable in law to hold all monies, lands or tenements to which they now have right or title, and to take, demand, receive and possess all monies, lands, or other donations which they or their successors may acquire, for the use of said Academy, and the same to apply according to the will of the donor or donors or as a majority of the Trustees may direct, for the prosperity of said Academy.

II. And be it further enacted, That the said Trustees or a majority of them, shall have full power and authority to make such rules, regulations and bye-laws (not inconsistent with the constitution and laws of the State) as may to them seem necessary for the good government of said Academy, and the preservation of order and good morals among the students thereof, and for the due preservation and repairs of all buildings belonging to said seminary; and also to fill all vacancies which may happen among the Trustees by death, resignation or removal; which persons when appointed, shall be possessed of the same powers and capacities as the present Trustees.

III. And be it further enacted, That the Trustees or a majority of them (seven of whom shall in all cases constitute a legal majority for the transaction of any business whatever) shall annually elect from among themselves a President, Treasurer and Secretary.

IV. And be it further enacted, That all teachers and all students of the said Academy, during the term they shall attend the same, shall be exempt from military duty of all kinds whatever, except in cases of rebellion or insurrection.

V. And be it further enacted, That the Trustees of said Academy shall be and are hereby empowered to raise by lottery in such manner and under such restrictions as they may deem most expedient, a sum not exceeding two thousand dollars, for the use and behoof of said Academy. The Treasurer, President and Secretary to be ex officio managers of said lottery, upon giving bond with suffiicient security to the clerk of the Superior Court of Johnston County, to be approved by said Clerk, in the sum of five thousand dollars each, for the faithful performance of their
duties, and the payment of all prizes due upon the drawing said lottery; which said bond may be sued for and recovered by any person aggrieved.

Approved: November 20, 1819

John Branch, Governor
Bartlett Yancey, Speaker of the Senate
Romulus M. Saunders, Speaker of the House of Commons

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