North Carolina - Acts on Education Topics

An Act to Prevent the Sale of Intoxicating Liquors at or Near Davidson College, and for Other Purposes.

1858-1859 Private Laws: Chapter 79

Private Laws of the State of North Carolina Passed in 1858-59 - Pages 72-74.

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 no person shall erect, keep, maintain or have at Davidson College, or within three miles
thereof, any tippling house, establishment or place for the sale of wines, cordials, spirituous or malt liquors.

Sec. 2. Be it further enacted, That no person, without permission in writing from the president of said college, or some member of its faculty, shall sell or offer to sell or deliver to any student of said college, or to any other person or persons whatsoever, any wine, cordial, spirituous or malt liquors, for the purpose of being used at Davidson College, (or wirhin three miles thereof,) by any student.

Sec. 3. Be it further enacted, That any license that may hereafter be granted to retail spirituous liquors at Davidson College, or within three miles thereof, shall be utterly void.

Sec. 4. Be it further enacted, That no person at or within three miles of Davidson College, shall give or furnish any electioneering treat or entertainment.

Sec. 5. Be it further enacted, That no person or persons shall set up, keep or maintain at Davidson College, or within five miles thereof, any public billiard table, or other public table of any kind, at which games of chance or skill (by whatever name called) may be played.

Sec. 6. Be it further enacted, That no person or persons, without permission in writing obtained therefor from the president of Davidson College, or some member of its faculty seven days beforehand, shall exhibit at Davidson College, or within five miles thereof, any theatrical, sleight of hand, or equestrian performances, or any dramatic recitations, or representations, or any rope or wire dancing, natural or artificial curiosities or concert, serenade or performance in music, dancing or singing.

Sec. 7. Be it further enacted, That if any white person, or free person of color, shall offend against any of the before recited provisions of this Act, he or she shall be deemed guilty of a misdemeanor, and upon conviction or submission either before the courts of pleas and quarter sessions, or the superior courts of law for the county in which such offense shall have been committed, shall, if a white person, be fined or imprisoned, or both, at the discretion of the court; and if a free person of color, shall be fined at the discretion of the court not exceeding twenty dollars, and whipped at the public whipping post on the bare back not exceeding thirty-nine lashes; and if any slave shall offend as before mentioned, and be convicted before any justice of the peace of the county in which the offense shall have been committed, he or she shall be ordered by such justice of the peace to receive thirty-nine lashes on his or her bare back, to be inflicted by such person as maybe appointed to act as the officer in the case, and that the master or owner of such slave shall pay all costs expended or incurred in the case; Provided always, That the master or owner of such slave shall have the right to appeal from the decision of the justice of the peace to the county or superior court of the county in which the offense has been committed.

Sec. 8. Be it further enacted, That every contract or agreement of any student of Davidson College, being then a minor, with any shop-keeper, merchant, trader, or other person, upon the sale of any wine, cordial, spirituous or malt liquors, or of any goods, wares or merchandise, or any article of trade whatsoever, or with the keeper of any livery stable, shall be void; unless the same, if made at or within three miles of Davidson College, be made under the written permission of the president of said college, or some member of its faculty; or if made at any greater distance from Davidson College, under the written consent of the person who may have the control and authority over such student.

Sec. 9. Be it further enacted, That every contract made with a student of Davidson College, contrary to the provisions of the preceding section, shall be void, and may be avoided on account of any of the matters therein contained, on the plea of the general issue, on the trial whereof, if it appear that the defendant was at the time of the alleged contract a student of Davidson College, it shall be presumed that he was, at the making thereof, a minor.

Sec. 10. Be it further enacted, That every such contract shall be incapable of being confirmed; and any promise or obligation given by such student, after his arrival at full age, shall be void.

Sec. 11. Be it further enacted, That this Act shall take effect from and after its ratification.

Ratified the 17th 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



© 2017 - J.D. Lewis - PO Box 1188 - Little River, SC 29566 - All Rights Reserved