North Carolina - Acts on Education Topics

An Act to Incorporate the Yadkin Academy.

1889 Private Laws: Chapter 165

Private Laws of the State of North Carolina Passed in 1889 - Pages 797-799.

Whereas, Magager G. Hoskins and his wife Alice O. Hoskins, of Alamance county, North Carolina, did, on the ___ day of January, 1889, convey to the board of missions for freedmen of the Presbyterian Church of the United States, for the purpose of education, one tract of land containing five acres, lying one mile west of Mebane, North Carolina, on which is the Yadkin Academy; and whereas, it is desirable that a charter should be granted for said academy: therefore,

The General Assembly of North Carolina do enact:

Section 1. That ______ Billingsby, M. G. Hoskins, D. J. Sanders, N. H. Payne, George Carson, H. D. Woods, D. Brown, W. H. Bryant, L. D. Swine, R. H. Allen, L. P. Berry and D. A. Murray and their successors in office, duly elected and appointed as hereinafter provided, be and they are hereby [created] a body politic and corporate in law and in fact, to have perpetual succession by the name and style of "Yadkin Academy," 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 which have heretofore 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 said corporation, at all times hereafter, shall be able and capable to purchase, have, receive, take, hold and enjoy, in fee simple or lesser estates, any lands, tenements, rents, annuities or other hereditaments by the gift, grant, bargain, sale, alienations, 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 [which] have been given or shall hereafter be given, sold, released or bequeathed by any person or persons for the use of said academy, and to apply the same according to the will of the donor; and all such lands, rents, tenements, heriditaments, moneys, goods and chattels of what[ever] kind or nature the same maybe, the said corporation shall have, hold, possess and use all such lands, rents, tenements, hereditaments, moneys, goods, chattels of what[ever] kind the same may be, in special trust and confidence for the use and benefit of the Presbyterian Church of the United States of America, for the purpose of establishing and endowing said academy at the site hereinbefore selected therefor for the education of the colored race for any vocation, profession or occupation of life.

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 conditions of the grant to them or the will of the devisor does not forbid it, and the proceeds arising therefrom shall be held in trust for the use and benefit of said academy for the education of the colored race; and further, that the said corporation may sue and be sued, plead and be impleaded, answer and be answered in all courts of [this] State.

Sec. 3. That the said corporation shall have power to make, ordain and establish such by-laws, ordinances and regulations for the government of said institution and the preservation of order and good morals therein as are usually made in such institutions, as to them may seem necessary: Provided, the same may not be 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. 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 proper, and may alter or renew the same at their pleasure.

Sec. 5. That a board of trustees of said academy, consisting of fifteen members, shall be elected by the corporators in this Act mentioned, or by a majority of them, or their successors, upon nomination and approval of the board of missions for freedmen of the Presbyterian Church of the United States of America; that said board of trustees, at their first meeting after the ratification of this Act, which meeting shall be at the said academy after due notice thereof shall have been given, shall divide themselves into three classes, each consisting of five members, of which classes one class shall hold office one year, one for a term of two years and one for a term of three years, and the successors of each of these classes shall hold office for a term of three years, or until their successors are elected. The board of trustees of said academy shall, upon 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 term of office for which any of said trustees have been elected, and vacancies due from any other cause shall be filled in like manner.

Sec. 6. That the said board of trustees shall have the power to elect a president and teachers for the said academy, upon the nomination of the board of missions for freedmen of the Presbyterian Church of the United States of America, and no president or teacher shall be retained in said academy who is not acceptable to both the board of trustees and the said board of missions for freedmen.

Sec. 7. That the board of trustees may, as often as they see proper, according to rules to be prescribed, elect one of their number a president, whose office it shall be to preside over the meetings of the board, and said board shall have authority to appoint a treasurer, secretary and such other officers as may by them [be] deemed necessary, and to continue in office for such time and be succeeded by others in such manner as the board shall direct; and not less than five trustees shall constitute a quorum for the transaction of business. The treasurer shall give to said corporation such bond as may be approved by said board of missions for freedmen.

Sec. 8. 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 within one mile of said academy, and any person so offending shall be deemed guilty of a misdemeanor.

Sec. 9. That the whole amount of real and personal estate belonging to said corporation shall not at one time exceed in value the sum of one hundred thousand dollars, the same to be free of taxation if used exclusively for school and educational purposes.

Sec. 10. This Act shall be in force from and after its ratification.

Ratified the 9th day of March, A.D. 1889.

Daniel G. Fowle, Governor
Thomas M. Holt, Lt. Governor and President of the Senate
Augustus Leazar, Speaker of the House of Representatives

State of North Carolina,
Office Secretary of State,
Raleigh, June 6, 1889.

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

William L. Saunders,
Secretary of State.



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