North Carolina - Acts on Education Topics

An Act to Amend an Act Entitled "An Act to Incorporate the Biddle University," Ratified the Tenth Day of February, A.D. Eighteen Hundred and Seventy-Seven, and Amendments Thereto.

1887 Private Laws: Chapter 17

Private Laws of the State of North Carolina Passed in 1887 - Pages 793-796.
Click Here to view the original Act of February 10, 1877, as amended below.

Whereas. It is desirable to promote useful knowledge among the freedmen: and whereas, an institution of learning for their benefit has been estabhshed near the city of Charlotte, in the county of Mecklenburg, by the Presbyterian Church in the United States of America, under a charter granted in pursuance of sections fourteen and fifteen of chapter twenty-six of the Revised Code of North Carolina, said institution being known and designated in said charter as Biddle Memorial Institute: and whereas, a charter was obtained from the general assembly of this state incorporating the same under the name and style of "The Biddle University,'' ratified the tenth day of February, A. D. eighteen hundred and seventy-seven, the provisions of which are incomplete, by reason of which and for a more efficient organization of said university, it is desirable to obtain further legislation from the state of North Carolina; therefore,

The General Assembly of North Carolina do enact:

Section 1. That Luke Borland, Amos S. Billingsley, Willard Richardson, S. Loomis. J. H. Studd, D. J. Sanders, James Allison, James B. Lyon, John C. McCowl, R. S. Davis, E. Nye Hutchinson, Rufus Barringer, W. R. Coler and their successors in office, duly elected and appointed as hereinafter provided, be and they are hereby declared to be a body politic and corporate, in law and in fact, to have perpetual succession, by the name and style of "'The Biddle University," and by that name and style shall have perpetual succession, and shall forever be 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 to said corporation, and the said lands, rents, annuities, and other hereditaments are hereby vested in said corporation forever; also that the said corporation 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, shall be 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 corporation shall have, hold, possess and use in special trust and confidence for the use and benefit of the Presbyterian Church in the United States of America, for the purpose of establishing and endowing said university at the site hereinbefore selected therefor, for the education of men of the colored race and others for the ministry, for catechists and for teachers.

Sec. 2. And be it further enacted by the authority aforesaid, That the said corporation 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 the proceeds arising therefrom shall be held in trust for the use and benefit of the Presbyterian Church in the United States of America, for the education of men of the colored race and others for the ministry, for teachers, and for catechists; and further, that the said corporation may sue and be sued, plead and be impleaded, answer and be answered in all courts of record or otherwise whatsoever, in all manner of suits, complaints, pleas, matters and demands.

Sec. 3. And be it further enacted by the authority aforesaid, That the said corporation shall have power 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 institutions and as to them may seem necessary: Provided, the same be not repugnant to the constitution and laws of this state or of the United States and be not disapproved by the board of missions for freedmen of the Presbyterian Church in the United States of America.

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

Sec. 5. And be it further enacted by the authority aforesaid, That a board of trustees of said university, consisting of fifteen members, shall be elected by the corporators in this Act mentioned, or by a majority of them or their successors; that said board of trustees at their first meeting after the ratification of this Act, which meeting shall be held at the university, due notice having been given thereof, shall divide themselves into three classes, each consisting of five members, of which classes one shall hold office for a term of one year, one for a term of two years and one for a term of three years, and the successors of each of said classes shall hold office for a term of three years or until their successors are elected. The board of trustees of the university shall on the nomination of the board of missions for freedmen of the Presbyterian Church in the United States of America annually elect five persons to fill the vacancies arising from expiration of the term of office for which any of said trustees shall have been elected; and vacancies due to any other cause shall be filled in like manner: Provided, however, that no professor or instructor in the university shall be elected to the office of trustee thereof, but the president of the university shall have the right to be present at all the meetings of the board of trustees and to speak on any subject that may be presented, but he shall not have the right to vote.

Sec. 6. Be it further enacted, That the board of trustees shall have the power to elect a president and professors and tutors for the several colleges of the said university, upon the nomination of the board of missions for freedmen of the Presbyterian Church of the United States of America, and no professor or tutor shall be retained in the university who is not acceptable to both the board of trustees and the said board of missions for freedmen, but the board of trustees shall report the election of professors in the theological department to the general assembly of the Presbyterian Church in the United States of America, and said assembly shall have the power to disapprove and annul the same.

Sec. 7. And be it further enacted by the authority aforesaid, That the president and professors of said university, by and with the consent of the board of 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. And be it further enacted by the authority aforesaid, That the board of trustees may, as often as they see proper according to rules by them to be prescribed, elect out of their own number a president, whose office it shall be to preside over the meetings of said board, and said board 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 said board shall direct; and not less than five of said trustees shall be required to constitute a quorum for the transaction of business; said treasurer shall give to said corporation a bond, conditioned for the faithful discharge of his duties, in a penalty to be fixed and with sureties to be approved by said board of missions for freedmen.

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 or persons any intoxicating liquors within one mile of such university, and any person or persons who shall offend against the provisions of this section or any of them, shall be deemed guilty of a misdemeanor.

Sec. 10. Be it further enacted by the authority aforesaid, That the whole amount of real and personal estate belonging to said corporation shall not at any one time exceed in value the sum of one million of dollars, and said corporation shall be entitled to hold two hundred acres of land free from taxation.

Sec. 11. Be it further enacted by the authority aforesaid, That so much of the Act of the general assembly of North Carolina, ratified the 10th day of Februaiy, A. D. 1877, entitled "An Act to Incorporate the Biddle University," in conflict with this Act is hereby repealed, and all other Acts in conflict with this Act are hereby repealed, and that this Act shall be in force from and after its ratification.

In the general assembly read three times, and ratified this the 8th day of February, A.D. 1887.

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 Secretary of State,
Raleigh, May 31st, 1887.

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

William L. Saunders,
Secretary of State.



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