North Carolina - Acts on Education Topics

An Act to Incorporate York Collegiate Institute, in the County of Alexander.

1856-1857 Private Laws: Chapter 88

Private Laws of the State of North Carolina Passed in 1856-57 - Pages 90-92.

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 Abner Sharpe, John M. Flowers, Henry L. McLain, H. Leroy Smith, Brantly York, Benjamin Childers, Amos Stephenson, Silas D. Sharpe and William F. Conally, and their successors duly elected or appointed in the manner 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 for fifty years, by the name and style of "The Trustees of York Collegiate Institute," and by that name shall have succession, and so continue for the aforesaid time; may have and use a common seal, with power to alter or 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, chattels and choses in action, as shall be given them for the use of said institute, and by gift, purchase, or devise to take, have, hold, enjoy, possess and retain to them and their successors for ever, any lands, rents, tenements and hereditaments of what kind, nature or quality soever, in special trust and confidence, that the same and the profits of the same shall be applied to and for the use and benefit of said institute; and that the trustees shall have and enjoy such other rights and powers as are 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, sell, 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 equity, of record or otherwise.

Sec. 3. Be it further enacted, That the said trustees and their successors shall be, and they are hereby authorized and empowered to make, ordain and establish such by-laws, ordinances and regulations for the government of said institute, and the preservation of order and good morals therein, as are usually made in such institutions, and to them may seem necessary; Provided, The same be not repugnant to the constitution or laws of this State or of the United States.

Sec. 4. Be it further enacted, That said corporation shall not consist of more than twenty four 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 by this Act, and to keep the succession of trustees, shall be from time to time appointed by "The York Collegiate Institute Society" at their annual meetings: Provided, That if said society shall fail at any time to make such necessary appointments, then the righ of election shall devolve upon, and be exercised by the trustees aforesaid and their successors.

Sec. 5. Be it further enacted, That the aforesaid trustees and their successors shall, and may as often as they shall see proper, according to the rules to be prescribed by them, elect out of their number a president, and shall have authority to appoint a treasurer, secretary and such other officers as shall be by them deemed necessary, to continue in office such time, and be succeeded by others in such manner as the said trustees shall direct; and further, that not less than five of said trustees shall be required to constitute a quorum for the transaction of business.

Sec. 6. Be it further enacted, That it shall not be lawful for any person or persons to set up, or continue any gaming or billiard tables, or any device whatever for playing at any game of chance or hazard, by whatever name called, or to exhibit any sleight of hand, or theatrical, or equestrian performances, dramatic recitations, rope or wire dancing, or any itinerant or artificial curiosities, or to sell, give or convey to the students of said institute any intoxicating liquors, within two miles of said institute, without a special permission in writing from the faculty of said institute; 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 one 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 institute.

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

Ratified the 2nd day of February, 1857.

Thomas Bragg, Jr., Governor
Jesse G. Shepherd, Speaker of the House of Commons
William W. Avery, Speaker of the Senate

North Carolina
Office of Secretary of State, April, 1857.

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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