North Carolina - Acts on Education Topics

An Act to Incorporate the Trustees of New Garden Boarding School, in the County of Guilford.

1833-1834 - Chapter XLV

Acts Passed by the General Assembly of the State of North Carolina 1833-1834 - Pages 50-51.

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 Joshua Stanly, John Beard, Thomas Hudgen, John Russell, Elisha Coffin, Henry Macy, Zacharias Coffin, Thomas T. Hunt, Jeremiah Pickett, Nixon Henley, Peter Dicks and Phineas Nixon, Jr. shall be, and they are hereby declared to be a body politic and corporate, to be known and distinguished by the name and style of the "Trustees of the New Garden Boarding School;" and by that name shall have perpetual succession and a common seal; and that they, the said trustees, by the name aforesaid, or a majority of them, shall be able and capable in law to take, demand, receive and possess all moneys, goods and chattels and choses in action, that shall be given them for the use of the said Boarding School, and the same apply according to the will of the donors; and by gift, purchase and devise to take, have, hold, possess, enjoy and retain to them and their successors forever, any lands, rents, tenements and hereditaments of what kind, nature or quality soever, in special trust and confidence that the same and the profits thereof shall be applied to and for the use and purpose of said Boarding School.

II. And be it further enacted, That the said trustees or their successors, or a majority of them, by the name aforesaid, shall be able and capable in law to bargain and sell, grant, demise, alien, convey and assure to the purchaser or purchasers any such lands, rents, tenements and hereditaments aforesaid, when the condition of the grant to them or the will of the testator or deviser does not forbit it; and further, that they, the said trustees, or a majority of them, and their successors forever, shall be able and capable in law to sue and be sued, plead and be impleaded in all courts whatsoever, either in law or equity, of record or otherwise; and in general they shall and may do all such other acts and things as are usually done by bodies corporate, for the purpose of effecting the objects of this Act.

III. Be it further enacted, That on the death, resignation, refusal to act or removal out of the State of any of the trustees for the time being, the remaining trustees, or a majority of them, are hereby authorized and required to appoint other trustees in the place of everyone that shall so die, resign, refuse to act or remove; which trustees so appointed shall be vested with the same power, trust and authority as the one in whose stead he or they shall be so appointed would have had in case he or they had lived and continued to act.

IV. And be it further enacted, That the said trustees and their successors, or a majority of them, may, from time to time, make such bye-laws and regulations for their own government and that of the Boarding School, and the preservation of order and good morals therein, as are usually made in such seminaries and as to them may appear expedient: Provided the same are not inconsistent with the constitution and laws of the State.

V. Be it further enacted, That this Act shall be in force for twenty-five years from and after the passage thereof.

Read three times and ratified in General Assembly,
this 13th 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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