North Carolina - Acts on Education Topics

An Act to Incorporate the Biddle University.

1876-77 Private Laws: Chapter XXIII

Private Laws of the State of North Carolina Passed in 1876-77 - Pages 643-647.

Whereas, It is desirable to encourage and promote useful knowledge among the freedmen; and,

Whereas, An institution of learning for their benefit has been established in Mecklenburg County, through the charities of philanthropists; and,

Whereas, For a more efficient organization of the same it is desirable to have a charter from the general assembly of North Carolina:

Section 1. The General Assembly of North Carolina do enact, That Sidney L. Murkland, Luke Dorland, Amos S. Billingsley, Willard Richardson, Samuel Loomis, Stephen Mattoons, John H. Shedd, Robert M. Hall, Daniel H. Sanders and Charles Oliver, and their successors in office, duly elected and appointed as hereinafter provided, be and they are hereby declared a body politic and corporate, in law and in fact, to have continuance for ninety-nine years by the name and style of "The Trustees of Biddle University," and by the name and title aforesaid to have perpetual succession and a common seal, and shall forever hereafter be persons able and capable in law to take, receive and hold all manner of lands, tenements, rents, annuities and other hereditaments, which, at any time or times heretofore, have been granted, bargained, sold, released, devised, or otherwise conveyed; and the same lands, rents, annuities and other hereditaments are hereby vested in the said corporation and their successors forever; also that the said trustees and their successors, at all times hereafter, shall be able and capable to purchase, have, receive, take, hold and enjoy, in fee simple or lesser estates, or estates, any lands, tenements, rents, annuities, or other hereditaments, by the gift, grant, bargain, sale, alienation, release, confirmation or devise of any person or persons, or bodies corporate or politic, capable and able to make the same; and further, that the said trustees and their successors, under the corporate name aforesaid, shall be able and capable in law to take, receive and possess all moneys, goods and chattels that have been given, or shall hereafter be given, sold, released, or bequeathed by any person or persons for the use of said University, and the same to apply according to the will of the donors; and all such lands, rents, tenements, hereditaments, moneys, goods and, chattels of what kind, nature or quality soever the same may be, the said trustees and their successors to have, hold, possess, and use in special trust and confidence, for the purpose of establishing and endowing said University, at the site heretofore selected therefor, in the county of Mecklenburg.

Sec. 2. And be it further enacted by the authority aforesaid, That the Said trustees, and their successors, by the name aforesaid, shall be able and capable in law to bargain sell, grant, convey and confirm, to the purchaser or purchasers, such lands, rents, tenements and hereditaments aforesaid, when the condition of the grant to them, or the will of their devisor does not forbid it; and further that the said trustees and their successors, by the name aforesaid, shall be able and capable in law to sue and be sued, to plead and be impleaded, answer and be answered in all courts of record whatever, in all manner of suits, complaints, pleas, matters and demands. Trustees to provide laws for the University.

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

Sec. 4. And be it further enacted by the authority aforesaid, That the said trustees and their successors shall have power and authority to make and use a common seal, with such device and inscription as they may think fit and proper, and the same to alter and renew at their pleasure.

NUMBER OF TRUSTEES

Sec. 5. And be it further enacted by the authority aforesaid, That the trustees heretofore named shall have the power to increase their number, not to exceed twenty, and shall have the power to fill all vacancies.

PRESIDENTS AND PROFESSORS

Sec. 6. Be it further enacted, That the trustees shall have the power to appoint a president and such professors and tutors for the several colleges of the said University as they shall think proper, but shall report the election of professors in the theological department to the general assembly of the Presbyterian Church of the United States of America, and the said assembly shall have a veto power thereon.

POWER TO CONFER DEGREES

Sec. 7. And be it further enacted by the authority aforesaid, That the faculty of said University, that is, the president and professors, by and with the consent of the trustees, shall have the power of conferring all such degrees or marks of literary distinction as are usually conferred in colleges or universities: Provided, That in conferring such marks of literary distinction they shall be confined to the regular students of the said University, and to such degrees as are usually conferred upon students at the time of graduating.

OFFICERS OF THE BOARD AND QUORUM

Sec. 8. And be it further enacted by the authority aforesaid, That the aforesaid trustees and their successors shall, and may, as often as they shall see proper, according to rules by them to be prescribed, elect out of their number a president, and shall have authority to appoint a treasurer, secretary and such other officers or servants as shall by them be deemed necessary, to continue in office for such time, and to be succeeded by others in such manner, as the 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.

GAMING AND SPIRITUOUS LIQUORS

Sec. 9. And be it further enacted by the authority aforesaid, That it shall not be lawful for any person or persons to set up or continue any gaming table, or any device whatever for playing at any game of chance or hazard, by whatever name called, or to receive or use any license to retail spirituous liquors, or otherwise to sell, give or convey to any person any intoxicating liquors, within one mile of said university, and any person or persons who shall offend against the provisions of this Act, or any of them, shall be guilty of a misdemeanor.

LIMITATIONS OF POWER TO HOLD PROPERTY

Sec. 10. Be it further enacted by the authority aforesaid, That the whole amount of real and personal estate shall not, at any one time, exceed in value the sum of two hundred thousand dollars.

Sec. 11. Be it further enacted, That whenever said University shall hold and possess lands exceeding in quantity fifty acres, including the University buildings, it shall, for such excess, pay into the public treasury the usual tax.

Sec. 12. Be it further enacted by the authority aforesaid, That this Act shall take effect and be in force from and after its ratification.

Ratified the 10th day of February, A.D. 1877.

Zebulon B. Vance, Governor
Charles Price, Speaker of the House of Representatives
Thomas J. Jarvis, Lt. Governor and President of the Senate

State of North Carolina,
Office Secretary of State,
Raleigh, April 25th, 1877.

I, Joseph A. Engelhard, Secretary of State, hereby
certify that the foregoing are true copies of the original
acts and resolutions on file in this office.

Joseph A. Engelhard,
Secretary of State.



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