North Carolina - Acts on Education Topics

An Act to Incorporate the Board of Education of the Buncombe County Missionary Baptist Association.

1893 Private Laws: Chapter 288

Private Laws of the State of North Carolina Passed in 1893 - Pages 434-437.

The General Assembly of North Carolina do enact:

Section 1. That Jason Asheworth, J. A. Brookshire, T. C. Morgan, T. J. Reed, F. P. Ingle, G. W. Purefoy, J. H. Tucker, A. J. Justice, J. R. Starns, A. E. Brown, Judson Morgan, J. L. White, J. Q. Adams, D. B. Nelson and J. H. Sams, trustees, and their successors, be and they are hereby declared to be a body politic and corporate for the purpose of establishing schools and furthering education within the bounds of the Buncombe County Missionary Baptist Association under the name and style of "The Board of Education of the Buncombe County Missionary Baptist Association," and by that name and style they shall exist for a period of sixty years; and shall be capable in law to take, receive, hold and purchase all manner of lands, tenements, rents and annuities and other hereditaments, and all moneys, goods and chattels, and solvent credits, stocks, bonds, and other things of value which at any time may be donated, devised, bequeathed, granted, sold, or otherwise conveyed to the said corporation.

Sec. 2. That the said corporation shall be capable in their corporate name to sue and be sued, appear, prosecute and defend to final judgment and execution in any court or elsewhere; to have a common seal, if they so choose, which they may alter at pleasure; to elect in such manner as they shall determine to be proper all necessary officers and fix their compensation and define their duties and obligations; to make by-laws and regulations consistent with the laws of the state for their own government and for the due and orderly conducting of their affairs and the management of their property.

Sec. 3. That of the trustees named in section one of this Act the first five named shall hold their office for the term of one year, the second five for two years, and the third five for three years, but their successors shall hold their office for three years, subject, however, to removal by a majority of the board for inefficiency or neglect of duty. Any trustee who refuses to act or shall fail to attend the meetings of the board continuously for the space of two years, the membership of said trustee shall be considered vacant. All vacancies occurring in the board by death, removal, removal from the association, resignation, expiration of term, or otherwise, shall be filled by election at the next annual session of the association upon recommendation of the board of trustees and approval of the committee to nominate board of the said association.

Sec. 4. That the said board shall have power to remove any one of their number for improper conduct, of which they shall be the sole judges: Provided, the accused shall have ten days notice of the charges preferred against him: Provided further, that a majority of two-thirds of the number present shall be necessary to effect such removal, and at such trial a majority of the whole board shall be present.

Sec. 5. That such members of the Missionary Baptist Church as may be chosen shall have right to serve on said board.

Sec. 6. That the officers of said board shall consist of a president, vice-president, secretary and treasurer, and such other officers as may be necessary for the management of the work of the board, whose duties shall be such as are defined and designated by the board for its government and work.

Sec. 7. The said board shall fix the time and place of its annual meeting, but the president may call a meeting at such time and place as he may think best for the transaction of such business as may be necessary at the time.

Sec. 8. That five members shall constitute a quorum for the transaction of business.

Sec. 9. That the said board of trustees shall have the exclusive right to elect principals and presidents of such schools and colleges as they may establish, and to elect such professors and tutors and other officers as they shall deem qualified and necessary for the proper management of said schools and colleges, and may remove them for misbehavior, inability or neglect of duty or other cause which shall be deemed advisable to said trustees; and shall fill all vacancies occurring in the faculties of said school or colleges: Provided, they may delegate the power to so elect such professors, tutors, teachers and officers and to fill such vacancies to the president or principal of said schools and colleges.

Sec. 10. That the president or principal of such colleges or high schools and the professors or teachers and officers shall constitute the faculty thereof, and with the advice and consent of the educational board shall have power to grant certificates of merit and proficiency in any of the branches taught therein.

Sec. 11. The said trustees and their successors so elected shall constitute "The Board of Education of the Buncombe County Missionary Baptist Association," and are to remain under its control and direction.

Sec. 12. That the said board are hereby empowered to receive donations and to hold property both real and personal for educational purposes; to establish high schools, colleges, industrial and other schools of learning at such times and places within the bounds of said association as they may deem expedient, and to procure charters for the same, and to take all legal and other action for the furtherance of education within the said association. The said board shall report their acts and recommendations to the meetings of the annual association for ratification and approval. The said board shall have no power to purchase property and to contract debts or pledge its credit or the credit of the association without the authority and consent of a two-thirds vote of the association in its annual meeting; but with the consent of the association so obtained, the said board may exchange, sell, convey or lease any of its property, real or personal, pledge its faith and credit, borrow money for the necessary expenses of its schools and colleges or for the purpose of making improvements in its property or advancing the cause of education within said association, to execute notes for sums borrowed and to secure the same by mortgage or deed of trust.

Sec. 13. That the trustees of said board shall not be individually liable for the debts of said corporation.

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 further.

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

Ratified the 6th day of March, A.D. 1893.

Elias Carr, Governor
Rufus A. Doughton, Lt. Governor and President of the Senate
Lee S. Overman, Speaker of the House of Representatives

State of North Carolina,
Office Secretary of State,
Raleigh, June 13, 1893.

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

Octavius Coke,
Secretary of State.

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