North Carolina - Acts on Education Topics

An Act to Incorporate the Trustees of Davidson College.

1838-1839 - Private Acts Chapter XIII

Laws of the State of North Carolina Passed in 1838-1839 - Pages 102-106.

Whereas the Constitution of North Carolina provides that all useful learning shall be encouraged and promoted by the establishment therein of one or more Colleges; and whereas many worthy citizens of this State have, by petition, respectfully manifested their earnest desire for the establishment of a College in the Western part thereof, to educate youth of all classes, without regard to the distinction of religious denominations, and thereby promote the more general diffusion of knowledge and virtue.

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 John Robinson, Ephraim Davidson, Thomas L. Cowan, Robert H. Burton, Robert H. Morrison, John Williamson, Jos. W. Ross, Wm. L. Davidson, Charles W. Harris, Walter S. Pharr, Cyrus L. Hunter, Jno. D. Graham, Robert Potts, Jas. M. H. Adams, David A. Caldwell, William B. Wood, Moses W. Alexander, Sen., D. C. Mebane, James W. Osborne, Henry A. Pharr, John M. Wilson, P. J. Sparrow, James G. Torrence, Charles L. Torrence, John L. Daniel, P. E. Bishop, G. W. Dunlap, and John Springs, and their successors duly elected and appointed in the manner as hereinafter directed, be, and they are hereby made, constituted and declared to be a corporation and body politic and corporate in law and in fact, to have continuance fifty years, by the name, style and title of the "Trustees of Davidson College," and by the name and title aforesaid, to have perpetual succession and a common seal, and shall forever hereafter be persons able and capable in law to take, receive and hold all manner of lands, tenements, rents, annuities, and other hereditaments, which at any time or times heretofore, have been granted, bargained, sold, released, devised, or otherwise conveyed, and the same lands, rents, annuities, and other hereditaments are hereby vested in the said corporation and their successors forever; also that the said Trustees and their successors, at all times hereafter, shall be able and capable to purchase, have, receive, take, hold and enjoy in fee simple, or lesser estate or estates, any lands, tenements, rents, annuities or other hereditaments, by the gift, grant, bargain, sale, alienation, release, confirmation or devise of any person or persons, or bodies corporate or politic, capable and able to make the same; and further, that the said Trustees and their successors, under the corporate name aforesaid, shall be able and capable in law to take, receive and possess all monies, goods and chattels that have been given, or shall be hereafter given, sold, released or bequeathed, by any person or persons, for the use of said College, and the same to apply according to the will of the donors; and all such lands, rents, tenements, hereditaments, monies, goods and chattels, of what kind, nature or quality soever the same may be, the said Trustees and their successors to have, hold, possess and use in special trust and confidence, for the purpose of establishing and endowing said College, at the site heretofore selected therefor in the county of Mecklenburg.

II. And be it further enacted by the authority aforesaid, That the said Trustees and their successors, by the name aforesaid, shall be able and capable in law to bargain, sell, grant, convey and confirm to the purchaser or purchasers, such lands, rents, tenements and hereditaments aforesaid, when the condition of the grant to them, or the will of the devisor, does not forbid it; and further, that the said Trustees, and their successors, by the name aforesaid, shall be able and capable in law to sue and be sued, to plead and be impleaded, answer and be answered, in all Courts of Record whatever, in all manner of suits, complaints, pleas, matters and demands.

III. And be it further enacted by the authority aforesaid, That the said Trustees and their successors shall be, and are hereby authorized and empowered to make,ordain and establish such bye-laws, ordinances and regulations for the government of said College, and the preservation of order and good morals therein, as are usually made in such Seminaries, and to them may seem necessary: Provided, the same be not repugnant to the Constitution and Laws of this State or of the United States.

IV. And be it further enacted by the authority aforesaid, That the said Trustees and their successors shall have power and authority to make and use a common seal, with such device and inscription as they may think fit and proper, and the same to alter and renew at their pleasure.

V. And be it further enacted by the authority aforesaid, That the said corporation shall not consist of more than forty-eight members, one fourth of whom shall go out of office every year, subject however to re-election; and that the number of members necessary to make up the complement, not appointed by this Act, and to keep up the succession of Trustees, shall be from time to time appointed by the Presbyteries of Concord, Morganton and Bethel, and such other Presbytery or Presbyteries in the State of North Carolina, as may hereafter become associated with them in patronizing said College, in such manner as may be mutually agreed upon by said Presbyteries and the corporation aforesaid: Provided, nevertheless, that in case the said Presbyteries fail at any time to make such necessary appointments, then the right of election shall devolve upon, and be exercised by the aforesaid Trustees and their successors.

VI. And be it further enacted hy the authority aforesaid, That the Presbyteries aforesaid, with whatever other Presbytery or Presbyteries may become associated with them in patronizing said College, shall be authorized and empowered, whenever necessary and expedient, to appoint a President of said College, and such Professors and Tutors, or other officers, as to them may appear necessary and proper, in such manner as may be mutually agreed upon: Provided nevertheless, that should said Presbyteries fail at any time to make such appointments as may become necessary for the instruction and government of said College, then the election of such officer or officers shall be made by the Trustees aforesaid and their successors.

VII. And be it further enacted by the authority aforesaid, That the Faculty of said College, that is the President and Professors, by and with the consent of the Trustees, shall have the power of conferring all such degrees or marks of Literary distinction as are usually conferred in Colleges or Universities.

VIII. And be it further enacted by the authority aforesaid, That the aforesaid Trustees and their successors, shall, and may as often as they shall see proper, according to rules by them to be prescribed, elect out of their number a President, and shall have authority to appoint a Treasurer, Secretary, and such other officers or servants as shall by them be deemed necessary, to continue in office for such time, and to be succeeded by others, in such manner as the said Trustees shall direct; and further, that not less than nine of said Trustees shall be required to constitute a quorum for the transaction of business.

IX. And be it further enacted by the authority aforesaid, That it shall not be lawful for any person or persons to set up or continue any gaming or Billiard table, or any device whatever for playing at any game of chance or hazard, by whatever name called, or to exhibit any slight of hand, theatrical or equestrian performances, dramatic recitations, rope or wire dancing, or other itinerant, natural or artificial curiosities, or to receive or use any license to retail spirituous liquors or otherwise to sell, give or convey, to the Students of said College, any intoxicating liquors, within two miles of the said College, without the special permission in writing of the Faculty of said College; and any person or persons who shall offend against the provisions of this Act, or any of them, shall forfeit and pay the sum of two hundred dollars, to be recovered in any Court of record having cognizance of the same, one-half to the use of the informer, and the other half to the use of said College.

X. Be it further enacted, That the whole amount of real and personal estate belonging to said corporation, shall not at any one time exceed in value the sum of two hundred thousand dollars.

XI. Be it further enacted, That whenever the said College shall hold and possess lands, exceeding in quantity five hundred acres, including the College buildings, it shall for such excess, pay into the public Treasury the usual Tax.

XII. And be it further enacted by the authority aforesaid, That this Act shall take efiect and be in force, from and after its ratification,

Ratified 28th December, 1838

Edward B. Dudley, Governor
William A. Graham, Speaker of the House of Commons
Andrew Joyner, Speaker of the Senate

Secretary of State's Office, April, 1839

I, William Hill, Secretary of State in and for the State of North Carolina,
do hereby certify that the Acts and Resolutions contained in this Pamphlet
are true copies of the original Acts and Resolutions passed by the General
Assembly of this State, at its late session.

William Hill, Secretary of State



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