North Carolina - Acts on Education Topics

An Act to Incorporate the Dallas High School Company.

1885 Private Laws: Chapter 38

Private Laws of the State of North Carolina Passed in 1885 - Pages 839-842.

The General Assembly of North Carolina do enact:

Section 1. That James Hoffman, Henry Setzer, M. L. Little, A. P. Rhyne, L. L. Suggs, J. M. Rhodes, John L. Rhyne, M. A. Rhyne, M. H. Rhyne, of Gaston County, and W. A. Manney, J. S. Manney, David Manney, of Cleveland County, and Ambrose Costner, of Lincoln County, their associates and successors, are hereby constituted and declared a body politic and corporate for educational and religious purposes, under the name and style of the "Dallas High School Company," and by that name may have perpetual succession, may sue and be sued, plead and be impleaded, contract and be contracted with, to have and to hold the High School property, the buildings, grounds, and all appurtenances thereto, situated in the town of Dallas, Gaston County, North Carolina; to acquire by purchase, donation or otherwise, real, personal and mixed property for the purpose of maintaining and carrying on a school of high grade for the white race, in or near Dallas, Gaston County, North Carolina.

Sec. 2. That the capital stock of said company shall be divided into shares of five hundred dollars each, for which certificates of stock shall be issued to each share-holder, a receipt of said amount in full, signed by the president and countersigned by the secretary of said company. Said shares of stock shall be transferable on the stock book only, and that such stockholder or his proxy shall be entitled to one vote for each share of stock he may control: Provided, that a majority of stockholders in interest shall be necessary to constitute a quorum for the transaction of business in the stock meeting; Provided further, that the liabilities of said company shall affect the stock of the company only, and not the private credit of the stockholders.

Sec. 3. That officers of said company shall be a president, secretary and treasurer, whose duties shall be such as devolve upon such officers in similar bodies, or such as shall hereafter be defined by said company.

Sec. 4. That said company shall constitute its own board of trustees, with full power to rent, lease, mortgage or sell any real or personal property for the purpose of maintaining said school, discharging indebtedness, or reinvesting the proceeds for a like purpose: Provided, that said board of trustees may from time to time be increased or diminished, varying in number from seven to thirteen: Provided further, that all trustees to be hereafter chosen shall be and shall continue to be members of the Evangelical Lutheran Church.

Sec. 5. That said board of trustees shall have power to choose the principal or principals of said schools, subject to the regulations already defined in the organic basis of said company: Provided, that said trustees shall have no power or authority to employ teachers, to control or manage the course of instruction and government of said school, said engagement, government and management being left entirely in the hands of the principal or principals of said school.

Sec. 6. That said board of trustees shall have perpetual succession, and they are hereby invested with power to fill all vacancies caused by death, removal, motion or otherwise: Provided, that a majority vote of all the trustees shall be necessary to a choice.

Sec. 7. That said board of trustees shall have power to make their own by-laws, rules and regulations for their own government: Provided, that said by-laws, rules and ordinances shall not be incompatible with the constitution and laws of the State, and the organic basis of the Dallas High School Company adopted upon the organization of said company.

Sec. 8. That said board of trustees shall have the power to receive donations for building, furnishing and endowing said school, to offer and sell scholarships in any of its departments, to confer such literary and honorary degrees as are usually conferred in colleges, to grant such other marks and distinctions as are common to such institutions, and to control the affairs and interest of said corporation in a manner most conducive, in their judgment, to the prosperity of the school.

Sec. 9. That if any person shall sell spirituous liquors within two miles of the property of the Dallas High School Company, he shall be guilty of a misdemeanor, and upon conviction thereof by any competent jurisdiction he shall be fined not less than ten dollars nor more than thirty dollars, or imprisoned not less than ten days nor more than thirty days, or both at the discretion of the court.

Sec. 10. That all property acquired either by purchase, donation or otherwise, shall, as long as it is used for religious and educational purposes, be exempt from all taxes, whether on the part of the State, county or municipal authorities.

Sec. 11. That any proposition of change, alteration or amendment of said charter must be supported by a two-thirds vote of all the stockholders of said company: Provided, that any such proposed change, alteration or amendment shall proceed from the board of trustees, presented in writing thirty days before action on part of the stock company.

Sec. 12. That said company shall meet upon its own adjournment, at the call of the president or board of trustees, five days' notice being previously given.

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 25th 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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