North Carolina - Acts on Education Topics

An Act to Incorporate St. John's College, Oxford.

1850-1851 Chapter XIX

Laws of the State of North Carolina Passed in 1850-1851 - Pages 52-56.

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 deem the establishment of a College in the town of Oxford, for the education of youth of all classes, without regard to the distinction of religious denominations, and thereby promote the more general diffusion of knowledge and virtue:

Sec. 1. Be it therefore enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, That R. W. Lassiter, J. R. Herndon, J. P. Little, John J. C. Taylor, C. H. Jordan, R. T. Taylor, J. Bullock, N. E. Cannaday, W. W. Young, S. D. Baskerville, J. W. Whitaker, J. Berry, E. L. Winslow, C. P. Mendenhall, P. W. Archer, W. H. Haywood, Jr., P. H. Winston, Jr , J. P. Clements, J. G. Bynum, Joshua Roberts, M. A. Outlaw, Kenneth Rayner, A. T. Jerkins, John A. Lillington, and their successors, duly elected and appointed in the manner hereinafter described, be, and they are hereby made, constituted and declared a body politic and corporate, in law and in fact, to have continuance fifty years, by the name, style and title of "The Trustees of St. John's College;" and, by 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 heretofore have been granted, bargained and 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; and 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 lessee, any lands, tenements, rents annuities, estate or estates, 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 capable and able in law, to take, receive and possess all moneys, 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, tenements, rents, hereditaments, moneys, goods and chattels, of what nature, kind 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 which may be hereafter selected for that purpose in the town of Oxford.

Sec. 2. Be it further enacted, 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.

Sec. 3. Be it further enacted, That the said trustees and their successors shall be, and are hereby authorized and empowered to make, ordain and establish such by-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, That the same be not repugnant to the Constitution and laws of this State or of the United States.

Sec. 4. Be it further enacted, 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 proper, and the same to alter and renew at their pleasure.

Sec. 5. Be it further enacted, That the Grand Lodge of Ancient York Masons of North Carolina shall have power to elect the Trustees of St. John's College, Oxford, and shall have power to prescribe the length of time they shall hold office, their qualifications, and the conditions upon which they are to continue. They shall also have power to provide for their removal, and shall fill vacancies in the board caused by death, resignation or otherwise; and shall have power and authority to prescribe a general system of studies to be pursued in said College.

Sec. 6. Be it further enacted, That the number of trustees shall not be more than sixty, nor less than thirty, and the Grand Lodge shall fill up the number not appointed by this Act, at its first Grand Communication.

Sec. 7. Be it further enacted, That the faculty of said College, that is, the president and professors, by and with the consent of the trustees, shall have power of conferring all such degrees or marks of literary distinction, as are usually conferred in Colleges or Universities.

Sec. 8. Be it further enacted, 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 and 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 seven of said trustees shall be required to constitute a quorum for the transaction of business.

Sec. 9. Be it further enacted, 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 sleight of hand, theatrical or equestrian performance, dramatic recitations, rope or wire dancing, or other itinerant, natural or artificial curiosities, or receive or use any licence to retail any 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.

Sec. 10. Be if 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.

Sec. 11. 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.

Sec. 12. Be it further enacted, That this Act shall take effect and be in force from and after its ratification, and be deemed and held a public Act.

Ratified 28th January, 1851.

David S. Reid, Governor
James C. Dobbin, Speaker of the House of Commons
Weldon N. Edwards, Speaker of the Senate

Office of the Secretary of State, April, 1851.

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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