South Carolina - Acts on Education Topics

An Act to Accept the Devise and Bequest of Thomas G. Clemson, and to Establish an Agricultural College Therewith.

November 27, 1889*

Acts and Joint Resolutions of the General Assembly of South Carolina 1889, Pages 277-280.
* This Act was ratified at the regular session of the General Assembly in December of 1888, but was presented to the Governor less than three days before the adjournment of that body. He did not approve the Act and returned it to the General Assembly until the second day of its regular session in November of 1889. While, therefore, this is an Act of the regular session of 1888, it is necessarily published with the Acts of 1889

Whereas the Honorable Thomas G. Clemson departed this life on the sixth day of April, A. D. 1888, leaving of force his last will and testament, which was duly admitted to probate on the twentieth day of April, 1888, in the office of the Judge of Probate for the County of Oconee, in the State of South Carolina, wherein he devised and bequeathed to his executor, Richard W. Simpson, of Pendleton, South Carolina, a tract of land situate on Seneca River, in Oconee County, in said State, containing eight hundred and fourteen acres, more or less, known as the Fort Hill plantation, as well as all of his other property, both real and personal, except certain legacies in the said will mentioned and provided for, all in trust to convey to the State of South Carolina when the said State shall accept the same for the purpose of establishing and maintaining an Agricultural and Mechanical College upon the aforesaid Fort Hill plantation upon the terms and conditions of said will; therefore,

Section 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That the State of South Carolina hereby expressly declares that it accepts the devise and bequest of Thomas G. Clemson subject to the terms and conditions set forth in his said last will and testament, and that the Treasurer of the State be, and he is hereby, authorized and empowered to receive and securely hold the said property, both real and personal, and to execute all necessary papers and receipts therefor as soon as the said executor shall convey and transfer the said devise and bequest to the said State.

Sec. 2. That upon the execution of a deed and transfer of said property to the State by the said executor in accordance with the provisions of said will, an Agricultural and Mechanical College shall be, and the same is hereby, established in connection with the aforesaid devise and bequest, to be styled "The Clemson Agricultural College of South Carolina," and to be situated at Fort Hill, in Oconee County, on the plantation so devised, in which College shall be taught all branches of study pertaining to practical and scientific agriculture and other industries connected therewith, and such other studies as are not inconsistent with the terms of the said will.

Sec. 3. That said College shall be under the management and control of a Board of thirteen Trustees, composed of the seven members nominated by said will and their successors and six members to be elected by the Legislature in Joint Assembly every fourth year after the first election; said Board to elect one of their number to be President, and to elect a Secretary and fix his salary. They shall organize the College and put it in operation as soon as practicable after the passage of this Act; shall prescribe the courses of study, shall declare the professorships, elect the professors, of whom the number shall not exceed ten, and define their duties and fix their salaries, and make all rules and regulations for the government of the College. They may employ such superintendent, head workmen, laborers for the farm, shops and grounds as may be necessary, and fix their compensation. They shall charge each student a tuition fee of forty dollars per annum: Provided, That said fee shall not be charged until the funds arising out of the said bequest shall be exhausted in accordance with the terms of the said will: Provided, further, That indigent students shall not be required to pay said tuition fee.

Sec. 4. That the said Board of Trustees is hereby declared to be a body politic and corporate, under the name and style of the Clemson Agricultural College of South Carolina. They shall have a corporate seal, which they may change at their discretion; and in their corporate name they may contract for, purchase and hold property, for the purposes of this Act, and may take any property or money given or conveyed by deed, devise or bequest to said College, and hold the same for its use and benefit: Provided, That the conditions of such gift or conveyance shall in no case be inconsistent with the purposes of this Act, and shall incur no obligation on the part of the State. They shall securely invest all funds and keep all property which may come into their possession, and may sell any of the personal property not subject to the trust, and reinvest the same in such wary as they may deem best for the interest of said College. They may sue and be sued, plead and be impleaded, in their corporate name, and may do all things necessary to carry out the provisions of this Act, and may make by-laws for this purpose if they deem it necessary.

Sec. 5. That it shall require a two-thirds vote of the said Board of Trustees to authorize the expenditure of any moneys appropriated to the said College by the State, or to authorize the sale or transfer or reinvestment of any property or moneys arising from the sale of any property under the provisions of this Act.

Sec. 6. That for the purpose of erecting buildings on said Fort Hill plantation, and of purchasing stock and implements therefor, and paying expenses, as herein provided, the sum of three thousand dollars be, and the same is hereby, appropriated, if so much be necessary, to be paid by the State Treasurer upon the order of the Board of Trustees of said College, signed by their President and Secretary: Provided, Thay not more than fifteen hundred dollars thereof shall be used in erecting buildings, fixtures or permanent improvements on said Fort Hill plantation pending litigation in respect to said property: And provided further, That all personal property purchased with money appropriated by the State shall be taken and held by the Board of Trustees as property of the State of South Carolina, and it shall be the duty of said Board of Trustees to make to the Legislature an annual report of the College, and of all farming operations aud tests and experiments, and of all receipts and expenditures, with a statement of the condition of the prop erty and funds of said College, and of all receipts and expenditures of money appropriated thereto by the State.

Sec. 7. That all Acts or parts of Acts inconsistent with this Act be, and the same are hereby, repealed.

Approved November 27th, A.D. 1889.

John P. Richardson, Governor.
William L. Mauldin, President of the Senate and Lt. Governor.
James Simons, Jr., Speaker of the House of Representatives.

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