South Carolina - Acts on Education Topics

An Act to Incorporate the "Connie Maxwell Orphanage," and to Prescribe the Powers and Duties of the Board of Trustees Thereof.

December 22, 1891

Acts and Joint Resolutions of the General Assembly of South Carolina 1891, Pages 1200-1203.

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 Dr. J. C. Maxwell, Rev. W. T. Hundley, Rev. I. L. Vass, Rev. J. D. Pitts, W. F. Cox, J. W. Wilkes, B. P. Smith, H. P. McGee, E. M. Lipscomb, S. P. Brooks, J. W. Sproles, Wm. H. Lyles and J. K. Durst, now acting as a Board of Trustees, appointed under the authority of the State Convention of the Baptist denomination in South Carolina, and their successors in office, be, and they hereby are, created a body politic and corporate under the name and style of the "Connie Maxwell Orphanage," and by that name may sue and be sued, plead and be impleaded, in any Court of law or equity; may have a common seal, and alter the same at pleasure; shall have perpetual succession; may receive, hold, use and enjoy, for the purpose hereinafter expressed, by gift, devise, purchase or otherwise, all manner of estate, real, personal or mixed, to an amount not exceeding five hundred thousand dollars, and the same to alienate, sell, transfer, lease and convey, by order of the Board of Trustees; and do all other acts and things that may be hereafter expressed in this charter, not repugnant to the Constitution and laws of this State or of the United States.

Sec. 2. The object of this corporation shall be to procure the control of orphans and destitute children of Baptist parents, and of such other destitute and helpless children as the Board of Trustees may think proper to receive, for the purpose of supporting and educating them in an institution to be prepared and provided for that purpose by the said Board of Trustees; or, when deemed best in any case, to secure any such child a home and education outside of said institution, as more fully hereinafter expressed.

Sep. 3. That said, the State Convention of the Baptist denomination in South Carolina, may. before or after the final passage hereof, elect a Board of Trustees to succeed the Trustees above named, and may prescribe the number and tenure of office of such trustees, and may prescribe such rules and regulations for the government of said Orphanage as it may deem advisable: Provided, The same be not inconsistent with the laws of this State or of the United States, and any action of said convention, herein authorized, before the final passage of this Act, is hereby ratified and confirmed.

Sec. 4. That the said corporation shall, in the discretion of the Board of Trustees, have power to receive into its custody and control such children as are referred to in the second Section of this Act, whenever such child has been, or may be, committed to its custody by the person having the rightful custody and control thereof, or when such child may in good faith be committed to its custody and control by any two good citizens of this State, with the approval of the County Commissioners of the County where the child is found, because such child is found by them to be without home and protection and moral and religious training: Provided, The costs attending the proceedings shall be allowed by the County Commissioners and paid out of the County funds. Said corporation, for the purpose of protection of the person and rights of any child committed to its care, is hereby invested with all the rights and powers of a parent or natural guardian, with the right to the exclusive custody of the same until the age of eighteen years, if a girl, and twenty-one years, if a boy, unless disposed of sooner, as provided by this charter or by the regulations adopted for the government of. said Orphanage as herein authorized; and should any such child so committed to its care become unmanageable, or incorrigible, he or she may be discharged by said Trustees from said Orphanage.

Sec. 5. That said corporation may, through its President or Vice President, in the manner prescribed by its by-laws, permit any suitable person to adopt any child in its custody and control as his or her own child; and said corporation may, through its President or Vice President, in the manner prescribed by its by-laws, bind out to any suitable person any child in its custody and control as an apprentice. The adoption herein provided for shall be by written instrument, executed by said corporation, by its President or Vice President on the one part, and the party adopting the child upon the other, and shall be executed and proven as deeds are required to be, and may be recorded in the office of the Register of Mesne Conveyances for Abbeville County. It shall contain all suitable covenants for the care, education and nurture of such child; and when such instrument shall be so executed and recorded, such child shall, if expressly so stipulated therein, be considered as the child of such person so adopting him or her, and be as capable of inheriting as though he or she were the lawful child of said person; and said person shall have the same parental control, and be under the same responsibilities, as if the child so adopted were his or her own child; but such adoption shall not debar such child of any right of inheritance to which he or she would have otherwise been entitled: Provided, That so long as said child may be an infant, said corporation may, for a violation of any of the covenants in said instrument, reclaim said child by a writ of habeas corpus, or by surrender, if the party adopting is willing so to do, and in the event of such reclamation, said instrument and act of adoption shall thenceforth be and become null and void. Such apprenticeship shall be effected in like manner, and may contain any suitable covenants, including a covenant that such child shall not be treated as a servant, but shall be only to a person sui juris, and the wife of such person need not unite. Besides the remedies granted by law upon such articles, said corporation may have like remedy as above prescribed upon articles of adoption, with like effect. Such apprenticeship shall expire at twenty-one years of where she is a girl, or sooner if the articles so prescribe. A child may be adopted by both husband and wife in the same instrument. Instruments of adoption and apprenticeship shall be conclusive evidence of the power of said corporation to so dispose of said child, as between said corporation or said child, and its real or personal representative, and the person so adopting it or receiving it as an apprentice and his or her real and personal representative.

Sec. 6. That the property, money and estate and rights of said corporation shall be exempt from all taxation by State or local laws for any purpose whatever.

Sec. 7. That the Board of Trustees shall have power to adopt such by.laws for the regulation of the affairs of the corporation as may be authorized by the said "The State Convention of the Baptist Denomination in South Carolina," and to procure, or have erected and constructed such buildings and improvements, and to appoint and employ such officers, superintendents, teachers and other persons, and to do such other things as are necessary and proper to accomplish the objects contemplated by this charter, not inconsistent with the laws of this State or of the United States.

Approved December 22nd, A.D. 1891.

Benjamin R. Tillman, Governor.
Eugene B. Gary, President of the Senate and Lt. Governor.
Ira B. Jones, Speaker of the House of Representatives.

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