North Carolina - Acts on Education Topics

An Act to Incorporate Robeson Institute.

1891 Private Laws: Chapter 99

Private Laws of the State of North Carolina Passed in 1891 - Pages 888-890.

The General Assembly of North Carolina do enact:

Section 1. That A. E. Melke, B. Godwin, R. D. Caldwell, Frank Gough and E. K. Proctor, Jr., and their successors duly elected in the manner hereinafter prescribed, be and they are hereby made and created a corporation and body politic, to have perpetual succession under the name and style of "Robeson Institute."

Sec. 2. That said corporation shall have a seal; may purchase or receive by gift or devise or otherwise real and personal property, to hold in fee-simple or otherwise, amounting in the aggregate to one hundred thousand dollars; may sue and be sued and enjoy any and all rights incident to and appropriate for conducting an institution for the education of males and females.

Sec. 3. That the said trustees shall hold their office for life or during good behavior, each being subject, however, to be removed at any time by a majority of the others for inefficiency or neglect of duty.

Sec. 4. That three members of said board of trustees shall constitute a quorum for the transaction of business, and when a vacancy shall occur in said board by death, resignation, refusal to act, removing from the state or otherwise, such vacancy or vacancies may be filled at any regular meeting of the board by a majority vote of the trustees present.

Sec. 5. That such trustees shall have the right to elect a president, secretary and treasurer of said board under such rules and regulations as they may prescribe, who shall hold their offices not longer than two years, and the treasurer elect, before entering upon the discharge of his duties, may be required to enter into bond to said trustees as trustees and their successors in a sum not exceeding five thousand dollars, conditioned for the faithful performance of his duties as treasurer.

Sec. 6. The president shall preside at all meetings of said board of trustees when present, and when absent the president pro tempore designated by those present shall preside. The secretary shall keep a record of all the proceedings of the board and all the by-laws made by said trustees for the government of said corporation and record the same in a book to be kept for that purpose.

Sec. 7. That the said trustees shall receive no compensation for their services, but the treasurer and secretary of said board shall receive such compensation as the trustees may allow.

Sec. 8. That the individual property of the aforesaid trustees shall not be liable for the debts or obligations of said corporation.

Sec. 9. That said trustees shall have the right to open books for the purpose of receiving donations to said school to be used for any purpose in connection therewith: Provided, however, that in all cases where the donor provides in the instrument making the donation to said school as to what uses and purposes the donation shall be used for, that the said trustees and their successors forever shall comply with the directions of the donor as near as practical in the use of the donation.

Sec. 10. That it shall be the duty of the treasurer of said corporation to issue to all persons making donations to said corporation for the benefit of said school a certificate stating the amount or nature thereof under his hand and seal of said corporation, and to make a permanent record of the same in the records of said corporation. That said certificates shall not be transferable by the donors unless by unanimous vote of all the trustees in meeting assembled.

Sec. 11. That should a majority of the aforesaid trustees or their successors at any time conclude that the purposes and objects for which the donations received have failed, then it shall be the duty of such trustees to make advertisement thereof for four weeks in a newspaper published in the town of Lumberton, North Carolina, and to convert all the funds received by donation to said corporation into money on such terms as they may think right and just and for the best interest of all parties concerned, and after paying all debts and obligations against them as trustees of said school and retaining all costs and expenses incurred in making sale of the property of said corporation, to divide the surplus, if any, among all the donors or their legal representatives equally in proportion to the amount donated to said school, and when such conclusion as aforesaid shall have been published and declared, and the distribution of the assets of said corporation shall have been made as herein provided, then the said corporation shall cease to exist to all intents and purposes in law.

Sec. 12. That the board of trustees and their successors aforesaid shall have full power to employ such teachers and other employees in and for said school as they may deem qualified to discharge the duties of their several offices and as are necessary for the management of said school, and may remove the same at any time for good cause. They shall also have the power to make all necessary by-laws, rules and regulations for the government of said school and for the government of the corporation not inconsistent with the laws and constitution of North Carolina and the United States. They shall have power to erect and fully equip suitable buildings in or near the town of Lumberton for school purposes, and such other buildings as they may think proper to use in connection therewith, and to exercise a general supervision and control over the school at all times.

Sec. 13. That the property, real and personal, owned by the said corporation, not exceeding in value twenty-five thousand dollars, shall be exempt from all taxation.

Sec. 14. That all laws and clauses of laws in conflict with this Act are hereby repealed, so far as the said corporation is concerned and no farther.

Sec. 15. That this Act shall be in force from and after its ratification.

Ratified the 21st day of February, A.D. 1891.

Daniel G. Fowle, Governor
Thomas M. Holt, Lt. Governor and President of the Senate
Rufus A. Doughton, Speaker of the House of Representatives

State of North Carolina,
Office Secretary of State,
Raleigh, June 13, 1891.

I, Octavius Coke, Secretary of State, hereby certify that the fore-
going are true copies of the original acts and resolutions on file in
this office.

Octavius Coke,
Secretary of State.

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