South Carolina - Acts on Education Topics

An Act for Incorporating the Winyaw Indico Society

May 21, 1757

The Statutes at Large of South Carolina - Volume VIII, Pages 110-112

WHEREAS, several inhabitants of the parish of Prince George Winyaw, and others, taking into consideration the great disadvantage the said inhabitants labored under, from want of a school for the education of children, did, on or about the seventh day of March, one thousand seven hundred and fifty-five, enter into a voluntary society for founding and erecting a Free School at Georgetown, in the parish aforesaid, and have, at a considerable expense, employed masters of the said school, who already have a great number of children under their care and tuition; which undertaking they hope will, in time, if duly encouraged and properly established, be of great advantage to the religious as well as the civil concerns of this Province, and are desirous of having the said society incorporated, thereby to put them upon a more solid and lasting foundation than they can be by their voluntary subscriptions only; for promoting, therefore, so good a work, we humbly pray his most sacred Majesty that it may be enacted,

I. And be it enacted, by his Excellency William Henry Lyttelton, Esquire, Captain-general and Governor-in-chief in and over the Province of South Carolina, by and with the advice and consent of his Majesty's Council, and the Commons House of Assembly of the said Province, and by the authority of the same, That Thomas Lynch, Esquire, President; Mr. Joseph Poole, Senior, warden; Mr. Samuel Wragg, Junior, warden; Mr. Nathaniel Tregagle, Treasurer; Mr. Joseph Dubourdien, Clerk; Mr. Charles Fysse and Mr. William Shackelford, Junior, Stewards; the present officers, and the rest of the present members of the said Winyaw Indico Society, having been duly elected, and being now members of the said society, and all such other persons as shall be hereafter duly admitted or become members of the said Winyaw Indico Society, according to the rules, orders and constitutions of the said society, shall forever hereafter be, and they are hereby declared to be, one body corporate and politic, in deed and in name, by the name of the Winyaw Indico Society; and by that name shall, from time to time, and at all times hereafter, have perpetual succession, and shall forever hereafter, by that name, be a body able and capable in law, to purchase, have, hold, receive, take, retain, possess and enjoy, to them and their successors, forever, lands, tenements, rents, franchises and hereditaments, in fee simple, not exceeding in the whole the clear yearly value of five hundred pounds, lawful money of Great Britain; and also goods and chattels, real or personal effects and things whatsoever, of what nature, kind or quality soever, by donation, subscription or otherwise howsoever; and also to give, grant, sell, alien, convey away, exchange, demise or lease, the same, or any part thereof, as they or their successors shall think proper and convenient, and for the benefit and advantage of the said society, and according to the rules, laws and orders thereof; and by the same name, shall be forever hereafter a body able and capable to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended, in all or any court or courts, or other places, and before any judges, justices and other persons whatsoever, in all manner of actions, suits, complaints, pleas, causes and things whatsoever, and of what nature or kind soever, which shall to them in any wise belong or appertain in, about or concerning the premises.

II. And be it also enacted by the authority aforesaid, That it shall and may be lawful for the said Winyaw Indico Society, and their successors, from time to time, and at all times forever hereafter, to have one common seal for their use and benefit, with full power to change, alter, break and make new the same, when and so often as they shall judge requisite.

III. And be it also enacted by the authority aforesaid, That it shall and may be lawful for the said society or corporation hereby erected, and their successors, to assemble and meet together on the first Friday in November, in every year, and at such other times as there shall be occasion, at such place in Georgetown, aforesaid, as they shall see fit, due and public notice being given at least ten days, by the clerk of the said society, in the public Gazette, or for want of such Gazette, by his affixing and posting at the most usual and notorious places in Georgetown aforesaid, before the times of such meetings, not only the day, hour and place of such meeting, but of the causes thereof, and of the matters intended to be transacted at such meeting; and that they, the said society or corporation, andtheir successors, or any twenty-five of them, being so met, shall have full power and authority, from time to time, to make, constitute and establish such and so many by-laws, rules and orders, as to the greatest part of them then present shall seem necessary and convenient for the better regulation, government, well ordering and directing the said corporation or society, and the officers, servants and persons by them employed, or to be employed, in or about the same, and for the better management, limiting and appointing of all and every the trusts and authority in them and each of them reposed, and to be reposed, and for the admission of new members into the said society, and for the doing, managing and transacting all things necessary for and concerning the government of the said society or corporation; and the same by-laws, rules and orders to put in use and execution accordingly, and the same again, at their will and pleasure, to alter, change, or revoke; all which said by-laws, rules and orders so to be made as aforesaid, shall be binding on every member of the said society or corporation, and be, from time to time, by them, and each of them, punctually and inviolably observed, according to the tenor and effect thereof, under the several pains, penalties and disabilities therein appointed or declared; provided that the same shall be reasonable, and not contrary or repugnant to the laws and statutes of Great Britain or of this Province.

IV. And be it also enacted by the authority aforesaid, That it shall and may be lawful for the said corporation or society to found, erect, endow, maintain and support such school or schools, for the maintenance and education of such poor and helpless orphans or indigent children, and for binding them apprentices, as they shall judge proper objects of charity; and to appoint and choose, and at their pleasure displace, remove and supply, such officers, school-masters, servants and other persons to be employed for the use of the said school or schools, or other affairs of the corporation, and to appoint such salaries, perquisites or other rewards for their labor or service therein, as they shall from time to time approve of and think fit.

V. And be it also enacted by the authority aforesaid, That the better to enable the said society or corporation to support and carry into execution the good and laudable designs aforesaid, every person who now is or shall hereafter become a member of the said society or corporation, his and their executors and administrators, shall be, and they are hereby, obliged to pay into the hands of the treasurer of the said society or corporation for the time being, within twelve months after the same shall become due, all such sum and sums of money yearly, and at such days and times as by the rules, by-laws and constitutions of the said society or corporation hereby erected and established, are or shall be appointed and directed. And for neglect or default in the payment thereof, or of any part thereof, shall be subject and liable to forfeit all right, title, benefit and interest in the said corporation.

VI. And be it also enacted by the authority aforesaid, That this Act shall and may be given in evidence on the trial of any issue or cause in any court of law or equity in this Province, without special pleading.

VII. Provided always, and be it further enacted by the authority aforesaid, That this Act, nor any thing contained therein, shall not take effect or be of force until his Majesty's Royal approbation of the same shall be obtained and made known in this Province.

In the Council Chamber, the 21st day of May, 1757.

B. SMITH, Speaker.

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