North Carolina - Acts on Education Topics

An Act to Incorporate the Trustees of the Franklinton Male and Female Institutes in the Town of Franklinton, in Franklin County.

1854-1855 Private Laws: Chapter 58

Private Laws of the State of North Carolina Passed in 1854-55 - Pages 5-6.

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 Allen C. Perry, Dr. Edward A. Crudup, Dr. L. A. Jeffreys, C. C. Blacknall, W. H. Joyner, W. B. Dunn, J. M. Stone, Col. Isaac Winston, J. H. Whitfield, T. J. Whitfield, Henry T. Clawson, W. O. Green, A. D. Ellis, Joseph Kearney, Weldon E. Person and James S. Yarbrough 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 Franklinton Male and Female Institutes," and by that name shall have sucession, and so continue for the term of fifty years; may have and use a common seal with power to alter and renew the same at their pleasure; and that the said trustees and their successors 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 institutes 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 benefit of said institutes; and that the said trustees shall have and enjoy such other rights and powers as are usually incident to corporate bodies of a like nature.

Sec. 2. 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, devise, alien, convey and assure to the purchaser or purchasers, any such lands, rents, tenements and hereditaments aforesaid; and, further, that the said trustees or a majority of them and their successors for the time aforesaid, shall be able and capable in law to sue and be sued, plead and be impleaded in all courts whatsoever, either in law or in equity, of record or otherwise.

Sec. 3. Be it further enacted, That there shall not be less than ten nor more than twenty trustees in number at any one time tor the said institutes, and that on the death, resignation, removal out of the State or refusal to act of any of the trustees for the time being, or the removal of any one from office by the concurrence of two-thirds present, for the neglect of duty or other cause, the vacancy or vacancies so happening shall be filled by the appointment of others, which appointment shall be made by a majority of the remaining trustees, and the trustees so appointed shall have the same right and powers as the trustees had for whom they were appointed.

Sec. 4. Be it further enacted, That the said trustees and their successors, or a majority of them, shall have the power of appointing a president, vice-president, secretary and treasurer, and such other officers as may be necessary for their own government, and also to appoint such professors, and tutors as to them shall appear necessary and proper for the said institutes, whom they may remove for misbehavior, inability or neglect of duty, and may from time to time make such by-laws and regulations for their government and that of the said institutes and the preservation of order and good morals therein as to them may appear expedient: Provided, the same are not inconsistent with the constitution and laws of this State; and provided further, if a majority of the said trustees shall not convene for the purposes aforesaid, it shall and may be lawful for seven of said trustees and their successors to form a quorum to do business, and may from time to time make necessary by-laws and regulations.

Ratified the 16th day of February, 1855.

Thomas Bragg, Jr., Governor
Samuel P. Hill, Speaker of the House of Commons
Warren H. Winslow Speaker of the Senate

North Carolina
Office of Secretary of State, April, 1855.

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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