North Carolina - Acts on Education Topics

An Act to Incorporate the Methodist Orphanage.

1899 Private Laws: Chapter 229

Private Laws of the State of North Carolina Passed in 1899 - Pages 634-638.

The General Assembly of North Carolina do Enact:

Section 1. That Rev. J. W. Jenkins, Rev. J. N. Cole, Rev. E. C. Glenn, Joseph G. Brown, J. S. Wynne, E. J. Parish, L. B. Bynum, R. T. Gray, T. N. Ivey, H. C. Wall. W. E. Stringer, W. R Allen, F. A. Woodward, Uriah Vaughan and H. L. Smith, and their associates and successors be and they are hereby declared and constituted a body politic and corporate under the name and style of the "Trustees of the Methodist Orphanage," and as such shall have perpetual succession and a common seal, which they may alter at pleasure, and shall be capable in law to sue and be sued, plead and be impleaded in all courts of the state.

Sec. 2. That said corporation shall have power to lease, purchase, take and receive by gift or devise, and hold in fee simple or lesser estate or estates all manner of lands, tenements, rents, annuities and other hereditaments, and shall further be capable in law to take, receive and possess all moneys, stocks, bonds, books, goods and chattels which may have been or may hereafter be given to it or to any person or persons for it, by deed, devise, bequest or otherwise. A misnomer of the corporation in any deed, will or other conveyance shall not have the effect to invalidate the conveyance if the corporation shall be therein described with sufficient certainty to identify it or if the intent of the grantor or testator to make the said corporation the beneficiary shall sufficiently appear on the face of the instrument or otherwise.

Sec. 3. That said corporation shall be capable in law to bargain, sell and convey any and all lands, tenements, hereditaments and personal property held and owned by the corporation when the grant, devise or other conveyance does not otherwise provide.

Sec. 4. That said corporation shall have power to make and establish such by-laws, rules and regulations for the government and conduct of the orphanage, home, asylum or retreat or other institution or department established by it and under its control as to said trustees may seem proper and necessary and as are not in conflict with the constitution and laws of this state and of the United States: Provided, the said corporation shall be under the jurisdiction, control and direction of the North Carolina Conference of the Methodist Episcopal Church, South.

Sec. 5. That of the trustees named in the first section hereof seven shall hold office until the first day of January, nineteen hundred and two, and eight until the first day of January, nineteen hundred and four (the holders of said terms to be decided by agreement or lot at the first meeting of the said trustees), after which dates they may be succeeded by themselves or such other persons as may be elected by the North Carolina Conference of the Methodist Episcopal Church, South, at its session held in the years nineteen hundred and one and nineteen hundred and two, for terms of office of three and five years respectively, and thereafter by the said North Carolina Conference at its regular session next preceding the expiration of the terms of office of the said trustees, for such terms of office as they may originally have been elected to. The number of trustees may be increased by the said North Carolina Conference to any number not exceeding the number of presiding elders' districts within its bounds: Provided, that in the case of increase in the number of the board of trustees by the said North Carolina Conference, the additional members shall be elected for terms of office of five years each, excepting every third added member, who shall be elected for a term of office of three years, and such additional members shall be re-elected or their successors elected thereafter at its regular annual session next preceding the expiration of the terms of office of said additional trustees, for such terms of office as they may have originally been elected to. A majority of said trustees shall constitute a quorum for the transaction of business. Whenever a vacancy shall occur by death, resignation or removal of a trustee, his successor shall be elected at the annual session of the said conference next thereafter held; and upon the failure of the conference to elect such successor at such time the remaining trustees shall have power to fill the vacancy, but such new trustee shall hold only for the remainder of the term of his predecessor.

Sec. 6. That the said trustees shall elect one of their own number president, and out of their number a secretary and treasurer, but nothing herein contained shall be so construed as to prevent the trustees from separating the office of secretary and treasurer. They may also elect a superintendent for the institution and such subordinate officers and employ such teachers, curators and servants as they may deem necessary for the successful operation of the institution. They shall also fix the salary of each officer, but the superintendent, by and with the consent of the trustees, may employ and fix the compensation of such servants as may be necessary.

Sec. 7. That the said trustees may establish at or near the city of Raleigh, in the county of Wake, or at any other place within the bounds of the North Carolina Methodist Episcopal Church, South, an orphanage or home for the care, control, education, maintenance and support of such orphan children, indigent or otherwise, as said trustees may desire to provide for, which children shall be received only upon compliance with such rules as the trustees may prescribe for their reception. Said trustees may make by-laws for the government of the home and for the preservation of good morals therein, and may discharge any child so received in the orphanage or home whenever in their opinion the good of the institution so requires, and any child or children when so received shall be under the care and control of the trustees, and any person who shall take or remove from the orphanage or home and [any] child or children without the consent of the trustees, or who shall aid [or] abet in such removal shall be guilty of a misdemeanor, and shall be punished by fine or imprisonment, or both, in the discretion of the court. Said trustees shall also have the power to require any person or persons placing any minor child in said institution, as a condition of its admission, to surrender all right as parent, guardian or custodian of such child to the person of such child, and any document or writing signed for such purpose shall be effectual to for any right or claim at law or in equity of such parent, guardian or custodian the [to] the person of such child until his or her arrival at the age at which, under the laws of this .state, he or she [is] freed from the control of parent or guardian. The said corporation shall also have power to place any child committed to its care in a good home and under the care and tutelage of suitable persons under such general rules and regulations and contract as the trustees may from time to time establish so as they may agree upon in any particular case; and in case any child shall be ill treated in any respect, physically, morally or otherwise, the trustees shall have power to reclaim such child. For any violation [of] or any contract made between the corporation and any person who shall receive a child therefrom, it may mamtain an action in any court, either in its own name or in the name of the child.

Sec. 8. That the said corporation may also establish and maintain, under such rules and regulations and under such names or designation as it may adopt, subject to the approval of the North Carolina Conference of the Methodist Episcopal Church, South, a home or homes for the wornout or superannuated Methodist preachers and their wives and helpless children, or for the widows and helpless children of deceased Methodist preachers.

Sec. 9. That said corporation shall also establish and maintain, under such name or designation and under such rules and regulations as the trustees may adopt, subject to the approval of the North Carolina Conference of the Methodist Episcopal Church, South, a hospital or hospitals for the care of the sick inmates of any of the homes under its control, and may receive and keep separate from the other funds of the corporation any donation by deed, will or otherwise that may be made for the support or benefit of such hospital or hospitals.

Sec. 10. That it shall be unlawful for any person to set up or continue any gaming table or any device whatsoever for playing at any game of chance or hazard by whatever name called, or to exhibit any circus or theatrical performance within one-fourth of a mile of any orphanage house for orphan children under the control of the said corporation without the consent of the trustees thereof: Provided, that this section shall not be effective if said orphanage shall be established within one-fourth of a mile from the corporate limits of Raleigh and shall not interfere with the conduct or operation of any fair held by any agricultural association within enclosed grounds.

Sec. 11. That the property of said corporation used for its purposes shall not be subject to taxation.

Sec. 12. That the said trustees and their successors shall hold their meetings from time to time as often as may be necessary, and shall make a report to each annual session of the North Carolina Conference of the Methodist Episcopal Church, South.

Sec. 13. That in ease for any cause said corporation should determine to abandon the purposes for which it is hereby established all property belonging to it shall be devoted to such religious, charitable, benevolent or educational purposes as may be determined upon by the North Carolina Conference of the Methodist Episcopal Church, South, subject, nevertheless, to such limitations as may be contained in any will or deed or other instrument by which any of said property may have been conveyed to said corporation.

Sec. 14. All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.

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

Ratified the 6th day of March, A.D. 1899.

Daniel L. Russell, Jr., Governor
Charles A. Reynolds, Lt. Governor and President of the Senate
Henry Groves Connor, Speaker of the House of Representatives

State of North Carolina,
Office of Secretary of State,
Raleigh, April 28th, 1899.

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

Cyrus Thompson,
Secretary of State.

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