North Carolina - Acts on Education Topics

An Act to Incorporate Zion Wesley College.

1885 Private Laws: Chapter 25

Private Laws of the State of North Carolina Passed in 1885 - Pages 770-773.
Click Here to view the March 14, 1879 Act, as repealed in Section 12 below.

Whereas, the intellectual as well as the moral and industrial development of the people of a State is inseparably connected with its general prosperity; and whereas, educational centres of a high grade where young men and women can be thoroughly prepared for fields of usefulness in the professions and as artisans and citizens, are a most effective means in diffusing intelligence and promoting thrift; and whereas, the constitution authorizes the establishment of one or more colleges in the State; and whereas, the African Methodist Episcopal Zion Church in America has established an institution of learning for the benefit of their race in Salisbury, Rowan County, North Carolina; and whereas, a charter from the General Assembly of North Carolina is desirable to make this institution a more efficient organization for good: therefore,

The General Assembly of North Carolina do enact:

Section 1. That J. J. Moore, S. T. Jones, J. W. Hood, J. P. Thompson, T. H. Lomax, J. C. Price, C. R. Harris, W. H. Thurber, Z. T. Pearsall, A. York, William J. Moore, R. H. Simmons, A. B. Smyer, J. C. Clinton, Hugh Cale, J. R. Nashe, Thomas Scott, A. Hamon, G. H. Washington J. H. Butler, C. C. Petty, Jackson Burks, and Ezekiel Cooper, 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 Zion Wesley College," 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 have been granted, bargained, sold, released, devised or otherwise conveyed; and the same lands, rents, annuities and other hereditaments are hereby vested in 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 estate 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, sold, released or bequeathed by any person or persons for the use of said college, 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 college at the site heretofore selected therefor in the town of Salisbury, Rowan County, North Carolina.

Sec. 2. 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.

Sec. 3. 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 college and the preservation of order and good morals therein as are usually made in such seminaries and to them may seem necessary and expedient: Provided, the same be not repugnant to the constitution and laws of this State or of the United States.

Sec. 4, 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.

Sec. 5. That the said corporation of trustees shall consist of not more than twenty-four members, one-half of whom shall go out of office at every regular session of the general conference of the "African Methodist Episcopal Zion Church" in America, subject however to re-election, their successors to be elected by the said general conference. All vacancies occurring in the interim to be filled by the trustees.

Sec. 6. That the trustees shall have the power to appoint a president and such professors and tutors for the said college as they shall think proper; said president and professors shall constitute the faculty of said college.

Sec. 7. That the faculty of said college, 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.

Sec. 8. 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 seven of said trustees shall be required to constitute a quorum for the transaction of business.

Sec. 9. 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 quarter of a mile of said college, and any person or persons who shall offend against the provisions of this Act, or any of them, shall be guilty of a misdemeanor.

Sec. 10. That the whole amount of real and personal estate shall not at any time exceed in value the sum of five hundred thousand dollars.

Sec. 11. That whenever said college shall hold and possess lands exceeding in quantity one hundred acres, including the college buildings, it shall, for such excess, pay into the public treasury the usual tax.

Sec. 12. That the Act incorporating Zion Wesley Institute, ratified the fourteenth day of March, one thousand eight hundred and seventy-nine, be and the same is hereby repealed.

Sec. 13. That this Act shall be in force from and after its ratification.

In the General Assembly read three times, and ratified this the 19th day of February, A.D. 1885.

Alfred M. Scales, Governor
Charles M. Stedman, Lt. Governor and President of the Senate
Thomas M. Holt, Speaker of the House of Representatives

State of North Carolina,
Office of Secretary of State,
Raleigh, May 18th, 1885.

I, William L. Saunders, Secretary of State, hereby certify
that the foregoing (manuscript) are true copies of the
original acts and resolutions on file in this office.

William L. Saunders,
Secretary of State.

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