North Carolina - Acts on Education Topics

An Act to Incorporate the Trustees of Topsail Academy.

1850-1851 - Private Acts - Chapter CCI

Laws of the State of North Carolina Passed in 1850-1851 - Pages 533-535.

Sec. 1. 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 for the purpose of establishing, maintaining and conducting an academy to be located near Topsail sound, in the county of New Hanover, Nicholas F. Nixon, David R. Gointo, David K. Futch, Obed F. Alexander, Joseph M. Foy, Luke M. Clanmy, Nicholas N. Nixon, and their successors in office as is hereinafter provided, be, and they are hereby made and constituted a corporation and body politic, by the name and style of "The Trustees of Topsail Academy," and by that name shall be capable, in law, of holding and conveying real estate, so far as the same may be necessary for the uses or purposes of said corporation; shall have perpetual succession, may sue and be sued; may have a common seal; which they may alter and renew at their pleasure; may take by purchase, devise, bequest or otherwise; and may make all such by-laws, rules and regulations, not inconsistent with the laws of this State or of the United States, as may be necessary for the well ordering and conducting the affairs and general business of said corporation.

Sec. 2. Be it further enacted, That for the purpose of endowing said academy, the trustees aforesaid shall open books and secure subscriptions to an amount not exceeding five thousand dollars, in shares of ten dollars each, having first duly advertised the time and place of securing such subscriptions at least ten days before the opening of such books, which said books shall be kept open from time to time as said trustees may direct: That the subscribers as aforesald shall be required to pay one half of the amount subscribed by them, at the time of their subscriptions respectively, or at such other time as said trustees shall designate; and the residue of such subscriptions shall be paid whenever said trustees may require the same to be paid; and any subscriber who shall fail to pay his subscriptions as aforesaid, after he has been notified by said trustees that the same is required to be paid, or after a general notice to that effect, published for two weeks in some one of the newspapers of the town of Wilmington, may be proceeded against in the name of said corporation, by suit at law in the county or Superior Courts of New Hanover County, or by warrant from any justice of the peace of said county, according to the jurisdiction of such tribunals respectively.

Sec. 3. Be it further enacted, That so soon as the sum of one thousand dollars has been subscribed, as aforesaid, it shall be the duty of said trustees to call a general meeting of said subscribers; that said subscribers shall meet annually at such time and place as they may have, at their previous meeting, appointed, and shall elect a board of trustees, the number of which shall not be less than five nor exceeding seven, and shall make all such by-lavs as may be deemed judicious, and do and perform all such business as may be necessary for the management of the general affairs of said corporation.

Sec. 4. Be it further enacted, That the said trustees, so to be elected by the subscribers aforesaid, shall hold their offices for one year, and until their successors shall be elected; shall elect a president from among their own number; shall make annual reports, accounts and settlements, and manage all the affairs of the academy.

Sec. 5. Be it further enacted, That a majority of said board of trustees shall always constitute a quorum to do and transact any business connected with said academy; and that in case of a vacancy occurring by death, resignation, removal or otherwise, that the remaining number of said board of trustees shall have power to elect and fill such vacancy.

Sec. 6. Be it further enacted, That no license to retail spirituous liquors at the site or within two miles of said academy shall be granted, and, if granted, the same shall be void.

Sec. 7. Be it further enacted, That this Act shall be in force from and after its ratification.

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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