North Carolina - Acts on Education Topics

An Act for Establishing a School-House in the Town of Newbern

1766 - Chapter XIX

The State Records of North Carolina - Volume XXIII, Pages 678-680

I. Whereas a Number of well-disposed Persons, taking into consideration the great necessity of having a proper School or Public Seminary of Learning established, whereby the rising Generation may be brought up and instructed in the Principles of the Christian Religion, and fitted for the several Offices and Purposes of Life, have, at a great Expence, erected and Built in the Town of New Bern, a convenient House for the Purpose aforesaid; and being desirous that the same may be established by Law on a Permanent Footing, so as to answer the good Purposes by the said Persons intended:

II. Be it Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That the said Persons or other Contributors to said School House, or the Majority of Them, are hereby Authorized, required, and directed, to meet at the Court House in New Bern on the First Tuesday in April next, and then and there to elect and choose, out of their Number, Eleven of the most able and discreet Persons, to be Trustees or Directors of the said School; and that after the said Election, which is to be made before the Sheriff, and a due Return thereof made to the said Directors, they shall be, and are hereby incorporated into a Body Politic and Corporate, by the Name of the Incorporated Society for promoting and establishing the Public School in New Bern; and by that Name to have perpetual Succession, and a Common Seal; and that they and their Successors, by the Name aforesaid, shall be able and Capable in Law to have, purchase, receive, enjoy, possess, and retain, to them and their Successors, forever, in Trust and Confidence for the said School, any Lands, Rents, Tenements, and Hereditaments of what kind, nature or Quality soever; and also to sell, grant, demise, alien, or dispose of the same; and also to receive and take any Charity, Gift, or Donation whatsoever, to the said School; and by the same Name to sue and implead, be sued and impleaded, answer and be answered, in all Courts of Record whatsoever; and from Time to Time under their Common Seal, to make such Rules, Regulations, and Ordinances, for the Admission, or Dismission of the several Masters of the said School, and the better regulating and well ordering the same, as to them shall seem requisite and necessary, and best answer the Purposes intended: Provided the said Rules correspond, and be as near as may be, agreeable to the Laws of Great Britain and this Province.

III. Provided always, That no Person shall be admitted to be Master of the said School, but who is of the Established Church of England; and who, at the Recommendation of the Trustees or Directors, or the Majority of them, shall be duly Licensed by the Governor, or Commander in Chief for the Time Being.

IV. And be it further Enacted, by the Authority aforesaid, That one Lot of Land in the Town of New Bern, lately purchased from William Bastin Whitford, by the Proprietors of the aforesaid School House, and whereon they have erected the same, be from henceforth vested in the Trustees by this Act incorporated, and their Successors, forever, in Trust and Confidence, to and for the Uses and Purposes by the said Society intended.

V. And be it further Enacted, by the Authority aforesaid, That the said Trustees, before they be deemed qualified to enter on the Execution of the Trust reposed in them by this Act, do, before some Magistrate, take the several Oaths of Government, subscribe the Test, and also take the following Oath, to-wit:

I, A. B., do swear that I will duly and faithfully, to the best of my skill and Ability, execute and discharge the several Powers and Authorities given me by an Act of Assembly, for establishing a School House in the Town of New Bern; and that in all Things for the well ordering and good government thereof, I will do equal and Impartial Justice, to the extent of my understanding. So help me God.

VI. And be it further Enacted by the Authority aforesaid, That the said Trustees, or the Majority of them, after their Qualification, shall meet at the said School House, and elect, out of their Number, a fit and Proper Person to be Treasurer to the said Society: which Treasurer shall be annually elected on the first Tuesday in April; into whose Hands shall be paid all Monies of or belonging to the said School, he first giving Bond and Security, in the Sum of Two Thousand Pounds, Proclamation Money, to the Trustees, for the faithful Discharge of his Office, and the Trust reposed in him; and that the said Treasurer shall annually, on the said First Tuesday in April, settle his Accounts with the Trustees, of all Disbursements, Donations, Gifts, Bequests, or other Charities, that may belong or accrue to the said School the preceding Year: And upon the said Treasurer's Neglect or Refusal to settle and pay over to the succeeding Treasurer what Money may be in his Hands belonging to the said Society, the same Method of Recovery may be had against Him, as is provided for the Recovery of Monies from Sheriffs, or other Persons chargeable with Public Monies.

VII. And whereas it will be necessary that a Regular Succession of the said Trustees should be kept up, Be it Enacted by the Authority aforesaid, That on the Death, Refusal to Qualify, or Removal out of the Province, of any of the said Trustees, the remaining Trustees, or the Majority of them then in Office, shall elect and Choose, out of the Number of Contributors, other Trustees, in the Room and stead of Those Dead, removed, or refusing to qualify as aforesaid; who shall be invested with the same Powers and Authorities as the other Trustees, first taking the several Oaths appointed by this Act for their Qualification.

VIII. And be it further Enacted by the Authority aforesaid, That an Act of Assembly passed at Wilmington, in One Thousand Seven Hundred and Sixty Four, intituled, An Act for building a House for a School, and the Residence of a School Master, in the Town of New Bern, be, and is hereby repealed; and the Piece or Parcel of ground mentioned in the said Act, being Half of Two Lots known in the plan of the said Town by the Numbers Fifty Nine and Sixty, beginning at the Corner of Craven and Pollock Streets, and running along Pollock Street Six and a Half Poles; then across said Two Lots Fifty Nine and Sixty, in a parallel Line with Craven Street, Thirteen Poles to the North Side of Lot Number Sixty; then along the said Lot, Six and a Half Poles, to Craven Street; then along Craven Street, Thirteen Poles, to the beginning: Also Two Lots of Land in the said Town of New Bern, adjoining the said School House, known in the Plan of the said Town by the Numbers Three Hundred and Thirteen and Three Hundred and Twenty Seven, which are hereby vested in the Trustees by this Act to be appointed, and to their Successors forever, in Trust and Confidence, to and for the Use of the said School.

IX. And whereas the aforesaid Contributors being desirous that the Benefits arising from the said School may be as extensive as possible, and that the Poor, who may be unable to educate their Children there, may enjoy the Benefits thereof: Be it Enacted by the Authority aforesaid, That a Duty of One Penny per Gallon on all Rum, or other Spirituous Liquors imported into the River Neuse, be paid, for and during the Space of Seven Years, from and after the passing of this Act, by the Importers thereof, for and towards raising a Fund for the Education of Ten Poor Children in the said School (to be chosen by the Trustees) whose Parents may be unable to pay for the same; and that the said Duty be Part of the common Stock of the said School, and be appropriated as aforesaid, and towards giving a Salary of Twenty Pounds per Year to the Master of the said School, towards enabling him to keep an Assistant; which said Duty shall be collected, accounted for, and paid to the Treasurer of the said School, in the same Manner, and under the same Penalties and Restrictions, as the Duty of Four Pence per Gallon on spirituous Liquors is now paid and collected.

William Tryon, Esq., Governor
James Hassell, President
John Harvey, Speaker



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