South Carolina - Acts on Education Topics

An Act to Incorporate the Academy at Columbia; and for Other Purposes Therein Mentioned

December 19, 1795

The Statutes at Large of South Carolina - Volume VIII, Pages 193-194

WHEREAS, Thomas Taylor, James Taylor, William Montgomery, George Wade, and Benjamin Waring, Trustees of the Academy of Colunibia, have presented their petition to the Legislature, praying that they, as trustees for the said Academy, may be incorporated, and by law made a body politic, for the purpose of encouraging and promoting the education of youths; and praying for adequate funds to be granted them, for the above laudable purpose.

I. Be it therefore enacted, by the Honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That the said Thomas Taylor, James Taylor, Geo. Wade, Wm. Montgomery, and Benj. Waring, shall be, and they are hereby, appointed trustees, for the purpose herein mentioned; and that the said trustees and their successors, shall, for ever hereafter, be one body politic and corporate, in deed and in name, by the style of "The Trustees of the Academy of Columbia;" and by the said name, shall have perpetual succession of officers and members; and a common seal, with power to change, alter and make new the same, as often as the said corporation shall judge expedient; and by its said name, to sue and be sued, implead and be impleaded, answer and be answered unto, in any court of law or equity in this State.

II. And be it further enacted by the authority aforesaid, That the said corporation shall be capable in law, to purchase, have, hold, receive, enjoy, possess and retain, to itself, in perpetuity or for any term of years, any lands, tenements or hereditaments, or other property, of what kind or nature soever; and to sell, alien or lease the same, as they shall think proper; and also, it shall be and may be lawful, for the said corporation, to take, accept, and hold for ever, any charitable donations, devises or bequests of lands or personal property, and to appropriate the same to the purposes of the said corporation; and also, that it shall and may be lawful for the said corporation to raise, by one or more lotteries, the sum of nine thousand dollars, to be appropriated by the said corporation to the use of the said corporation. Provided nevertheless, that all such purchases, donations, devises and bequests of land or personal property, or monies raised by lottery or lotteries, shall be exclusively appropriated for the purposes of erecting and endowing an Academy in the said town of Columbia.

III. And be in further enacted by the authoriy aforesaid, That the said academy at Columbia shall be under the management and direction of five trustees, or a quorum or board thereof, to be chosen, appointed and perpetuated in the manner following. The said trustees, and their successors, shall meet on the third Monday of November, in every year, in the said Academy, or at such other time and place in the town of Columbia as may be thought convenient, between the hours of nine in the forenoon and five in the afternoon; due and public notice thereof being given by the Secretary, at least ten days before such meeting, in writing; and the major part of those so met shall elect, by ballot, a president and such other officers as they shall think necessary, for the year ensuing; the said president and officers so chosen shall take the following oath or affirmation, before any magistrate or justice of this State.

"I, A B, do solemnly swear, (or affirm, as the case may be,) that I will duly and faithfully execute and perform the office to which I am appointed, to the best of my knowledge and ability. So help me God."

And on the death, resignation or removal out of the State of any trustee, the said trustees, at their next meeting, shall choose, by ballot, another trustee in the room of the one so dying, resigning or removing. Provided nevertheless, that no person shall be considered duly and legally elected, unless there be a majority of the votes of the trustees then present in his favor.

IV. And be it further enacted by the authority aforesaid, That the said trustees of the said Academy of Columbia, or a majority of them, 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 them shall seem meet, necessary and convenient, for the better regulating, governing, well ordering and directing of themselves as trustees aforesaid, as well as of the said Academy of Columbia, and all officers, professors, or other persons, by them employed or to be employed in and about the same; and to make, alter, change and make new, from time to time, any or all their said by-laws, rules and regulations, for the better regulating and governing themselves, as well as the institution under their charge and direction, and the officers, tutors, and scholars of the said Academy; which by-laws, rules and regulations shall be binding on each and every of the said trustees, and each and every of the officers, tutors and scholars of the said Academy, according to the tenor and effect thereof, under the several pains, penalties and disabilities therein expressed and declared; provided, the same be not repugnant to the laws of the land.

V. And be it further enacted by the authority aforesaid, That the commssioners of the town of Columbia shall forthwith make and execute legal and proper titles, and they are hereby commanded and directed to make and execute legal and proper titles, to the said trustees of the said Academy, of a certain square of land in the said town of Columbia, where the said trustees have erected a building for the use of the said Academy, which said square contains four acres; and also, that the said commissioners convey to the said trustees two other squares of land in the said town, each containing four acres, to be chosen and pointed out to the said commissioners by the said trustees; which said squares of land shall be, and they are hereby, vested in the said trustees for the use of the said Academy. Provided, the said squares of land shall be taken and received in lieu and instead of a public square granted them for the use of the said institution, in the year seventeen hundred and ninety-two.

VI. And be it further enacted by the authority aforesaid, That this Act shall be deemed and held a public Act, and judicially taken notice of as such, without special pleading; that the same shall be liberally construed for fully carrying into effect the purposes herein and hereby intended.

In the Senate House, the nineteenth day of December, in the year of our Lord one thousand seven hundred and ninety-five, and in the twentieth year of the Independence of the Uuited States of America.

DAVID RAMSAY, President of the Senate.
ROBT. BARNWELL, Speaker of the House of Representatives.

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