North Carolina - Acts on Education Topics

An Act to Incorporate the Mechanic's and Farmer's Institute, Located in the Town of Asheville.

1858-1859 Private Laws: Chapter 261

Private Laws of the State of North Carolina Passed in 1858-59 - Pages 362-364.

Section 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 Ephraim Clayton, N. W. Woodfin, J. F. E. Hardy, G. W. Shackleford, J. E. Patton, I. B. Sawyer, J. W. Patton, Daniel Reynolds, G. W. Whitson, J. Roberts, P. W. Roberts, Elias Triplet, Torrence Keeman, Samuel Wears, R. N. Price, W. M. Hardy, J. Giddings Hardy, John D. Hyman, E. P. Tucke, Hugh Johnston, Wm. Johnston, James Stradley, A. W. Cummings, Thomas Neill, W. W. McDowell, Marcus Erwin, A. T. Summey, Edwin Clayton, B. H. Merimon, R. B. Yance, E. J. Astin, John Hildebrand, 2nd, T. L. Clayton, B. J. Smith, T. W. Atkins, W. L. Hilliard, W. B. Baird, W. A. Patton, J. A. Patton, W. C. Brown, J. H. Gudger, Samuel Wears, Stephen Lee, A. S. Meriman and such other persons as are or may become members of the Mechanic's and Farmer's Institute are hereby constituted a body politic and corporate, located in the town of Asheville, and by the name of the "Mechanic's and Farmer's Institute."

Sec. 2. Be it further enacted, That the objects of the said institute are to diffuse sound and useful knowledge and information throughout the mechanical and farming classes, to found lectures on natural, mechanical and chemical philosophy and agricultural chemistry, and other scientific and literary subjects; to create a library museum for the benefit of mechanics, farmers and others, to establish schools of sound and useful instruction, and annual fairs.

Sec. 3. Be it further enacted, That the said corporation shall have powers to contract and be contracted with, to sue and be sued, to plead and be impleaded, to answer and be answered in all the courts of this State, and shall be vested with all the powers and privileges necessary to carry out and fulfil the objects contemplated by said corporation.

Sec. 4. Be it further enacted, That said corporation shall have further power to establish for its government a constitution and by-laws; to have a common seal, to alter and change the same, to erect a building or buildings in the said town of Asheville for its purposes and accommodation, and to that end to obtain and hold, own and convey a lot or lots of land in said town, not exceeding twenty thousand dollars in value, and such amount of personal property as the said institute may obtain by purchase, donation or otherwise.

Sec. 5. Be it further enacted, That for the purpose of enabling said corporation more fully to effectuate the purposes contemplated thereby, the said Mechanic's and Farmer's Institute is hereby authorized and empowered at any time hereafrer when it is deemed best, by a resolution to be entered upon the record of said institute, to create a capital stock of fifty thousand dollars, divided into shares of five dollars each, with the privilege to said institute at any time thereafter of increasing the same to a sum not exceeding one hundred thousand dollars in the aggregate, to be subscribed for under such restrictions, and in such manner, and to be paid in by such instalments, at such times and places, in such proportions, and subject to such forfeitures for nonpayment of instalments, as said institute may think proper to prescribe; said capital stock when subscribed shall be under the control of said institute, through the board of trustees, to be created as hereinafter mentioned, and shall be used to effectuate the purposes mentioned and set forth in the second section of this Act.

Sec. 6. Be it further enacted, That the said institute shall have the right to create a board of trustees, to be elected, hold their office for such time, and have such powers as said institute may direct; but said board when created shall have the management and control of the funds to be raised from said stock, and shall give such security as said institute may require, but said board of trustees shall only have control of the funds to be raised from said capital stock.

Sec. 7. Be it further enacted, That the members of the Mechanic's and Farmer's Institute shall be competent
witnesses in all cases in which said institute may be a party, whether suits shall be between said institute and members thereof or any other persons, and the fact of membership shall only go to the credibility of said witness.

Ratified the 16th day of February, 1859.

John W. Ellis, Governor
Thomas Settle, Jr., Speaker of the House of Commons
Henry Toole Clark, Speaker of the Senate

State of North Carolina
Office of Secretary of State, April, 1859.

I, Rufus H. Page, 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.

Rufus H. Page, Secretary of State



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