North Carolina - Acts on Education Topics

An Act to Incorporate the Trustees of Griffin's Free School.

1833-1834 - Chapter LV

Acts Passed by the General Assembly of the State of North Carolina 1833-1834 - Pages 54-55.

Whereas Moses Griffin, late of the town of Newber,.by his will devised all the residue of his estate to Edward Graham, William Gaston, John Devereux, Francis Hawks and John Oliver upon trust, that they should, out of the rents and profits of his estate, both real and personal, purchase two acres of land in some convenient and healthy place near the town of Newbern; and as soon as the funds arising from the issues and profits of his said estate should be deemed by the said trustees sufficient, that they should erect a brick house one and a half story high upon the said two acres of land, which said house the said testator directed to be thirty feet long and twenty feet wide, and to have a large room suitably furnished for a school room laid off on the first floor, the remainder of said house to be furnished in a plain manner fit for the accommodation of indigent scholars; which house should be called Griffin's Free School. And whereas also the said testator directed further that as soon after the erection of the said house, as the funds arising from the issues and profits of his estate, both real and personal should admit of, a schoolmaster should be employed for the purpose of teaching and educating therein as many orphan children or the children of such poor and indigent persons as were unable to accomplish it by their own means, and who in the judgment of the said trustees were best entitled to the benefit of said donation, as the funds might be found equal
to; with a further direction to the said trustees that the said poor and indigent children should be boarded, clothed and apprenticed from the rents and profits of his estate, whenever the funds therefrom arising should be sufficient with a permission by the said testator that the schoolmaster who might be employed by his said trustees should receive from the parents and guardians of twenty five scholars, other than indigent ones, such tuition as he might make terms for. And whereas the said Edward Graham and Francis Hawks have died since their said testator, and it is desirable that the said trustees should have a perpetual succession: Therefore,

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 Gaston, John Devereux, John Oliver, George S. Attmore, George Wilson, James C. Cole, John N. Roberts, John T. Lance and John M. Bryan, be, and they are hereby constituted a body corporate and politic, by the name of the "Trustees of Griffin Free School;" and shall have a perpetual succession and a common seal; and be in law capable of suing and being sued, impleading or being impleaded, in all courts either of law or equity; and may take and receive from the said surviving trustees, or the personal representatives of those who are dead, conveyances and assignments for all the land, funds, stock or choses in action which they hold from the said testator; and further may take and receive, either by gift or will, any personal estate, lands or choses in action which may be given to them for the use of the said school.

II. And be it further enacted, That upon the death or removal of any of the said trustees, or upon any of them refusing to act in the said trust, the vacancy thus created shall be filled by the remaining trustees.

III. And be it further enacted, That five of the said trustees shall be a quorum for the transaction of all business.

IV. And be it further enacted, That the said trustees may elect a secretary and treasurer, who shall give bond, satisfactory to the trustees, for the faithful discharge of his duties as secretary and treasurer, and who shall receive such compensation as may be settled by the said trustees.

And whereas it is represented that a suit in equity is now pending for the purpose of ascertaining the amount of the assets of the said Moses Griffin, which may be in the hands of John Devereux or John Oliver, survivors of his executors who proved the said will, or which may have come to the hands of Edward Graham or Francis Hawks:

V. Be it therefore enacted, That when the accounts in the said suit have been taken and a final decree passed therein, it shall and maybe lawful for the said surviving trustees, or the executors or administrators of those who are dead, to pay any balance in their hands to the secretary and treasurer of the corporation hereby created; and the receipt of such secretary and treasurer shall be a final discharge to the said trustees or said executors or administrators for the amount thus paid: Provided always, and it is hereby declared, that the said will of the said Moses GrifHin, as above recited, shall be held and deemed to be the fundamental law of the said corporation: And provided further, that this Act shall not be in force unless the surviving executors and trustees of the said Moses Griffin shall, within twelve calendar months afier the passage thereof, file in the office of the Secretary of State their assent in writing to the same.

Read three times and ratified in General Assembly,
this13th day of January, 1834.

David L. Swain, Governor
William J. Alexander, Speaker of the House of Commons
William D. Moseley, Speaker of the Senate

A true copy, William Hill, Secretary

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