North Carolina - Acts on Education Topics

An Act for Incorporating the President and Trustees of Liberty Hall, in Mecklenburg County

1777 - Chapter XX

The State Records of North Carolina - Volume XXIV, Pages 30-32

I. Whereas the proper Education of Youth in this infant Country is highly necessary, and would answer the most valuable and beneficial Purposes to this State, and the good People thereof; and whereas a very promising Experiment hath been made at a Seminary in the County of Mecklenburg, and a Number of Youths there taught have made great Advancements in the Knowledge of Learned Languages, and in the Rudiments of the Arts and Sciences, in the Course of a regular and finished Education, which they have since compleated at various Colleges in distant Parts of America; and whereas the Seminary aforesaid, and the several Teachers who have successively taught and presided therein, have hitherto been almost wholly supported by private Subscriptions: In order therefore that the said Subscriptions and other Gratuities may be legally possessed and duly applied, and the said Seminary, by the Name of Liberty Hall, may become more extensively and generally useful, for the Encouragement of liberal Knowledge in Languages, Arts and Sciences, and for diffusing the great Advantages of Education upon more liberal, easy, and generous Terms;

II. Be it Enacted, by the General Assembly of the State of North Carolina, and by the Authority of the same, That the said Seminary shall be, and it is hereby declared to be an Academy, by the Name of Liberty Hall.

III. And be it further Enacted, by the Authority aforesaid, That Isaac Alexander, President, and Messrs. Thomas Polk, Thomas Neal, Abraham Alexander, Waightstill Avery, Ephraim Brevard, David Caldwell, James Edmonds, John Simpson, Thomas Rees, Adlai Osborn, Samuel McCorkle, John McKnit Alexander, Thomas McCall, and James Hall, be, and they are hereby formed and incorporated into a Body politick and corporate, by the Name of President and Trustees of Liberty Hall, and by that Name shall have perpetual Succession, and a common Seal; and that they the said President and Trustees, and their Successors, by the Name aforesaid, or a Majority of them, shall he able and capable in Law to take, demand, receive and possess, all Monies, Goods and Chattels, that shall be given them for the Use of the said Academy, and the same apply according to the Will of the Donors; and by Gift, Purchase or Devise, to take, have, receive, possess, enjoy and retain, to them and their Successors for ever, any Lands, Rents, Tenements and Hereditaments, of what Kind, Nature, or Quality soever the same may be, in special Trust and Confidence that the same, or the Profits thereof, shall be applied to and for the Uses and Purposes of establishing and endowing the said Academy of Liberty Hall, in the County of Mecklenburg, building or purchasing suitable and convenient Houses for the same, providing a philosophical Apparatus and public Library, and supporting and paying Salaries to the President, and such Number of Professors and Tutors thereof, as shall be necessary to instruct the Students, and they shall be able to pay out of the public Funds that shall be in their Hands.

IV. And be it Enacted, by the Authority aforesaid, That the said President and Trustees, and their Successors, or a Majority of them, by the Name aforesaid, shall be able and capable in Law to bargain, sell, grant, demise, alien or dispose of, and convey and assure to the Purchasers, any such Lands, Rents, Tenements or Hereditaments aforesaid, when the Condition of the Grant to them, or the Will of the Devisor, does not forbid it. And further, that the said President and Trustees, and their Successors, for ever, or a Majority of them, shall be able and capable in Law, by the Name aforesaid, to sue and implead, be sued and impleaded, answer and be answered, in all Courts of Record whatsoever.

V. And be it further Enacted, by the Authority aforesaid, That the said President and Trustees be, and they are hereby impowered, authorized and required, to convene at the Town of Charlotte on the Third Tuesday of October next after passing this Act, and then and there elect and constitute, by Commission in Writing under their Hands, and sealed with the common Seal of the Corporation, such and so many Professors or Tutors as they may think expedient; and then and there, and at all other Times for ever hereafter, when the said President and Trustees, their Successors, or a Majority of them, shall be convened and met together in the said County of Mecklenburg, they shall have full Power and lawful Authority to elect and constitute one or more Professors or Tutors; and also to make and ordain such Laws, Rules and Ordinances, not repugnant to the Laws of this State, for the well ordering and governing the Students, their Morals Studies, and Academical Exercises, as to them shall seem meet; and to give Certificates to such Students as shall leave the said Academy, certifying their literary Merit, and the Progress they shall have made in useful Knowledge, whether it be in learned Languages, Arts or Sciences, or all of them.

VI. Be it further Enacted, by the Authority aforesaid, That the said President and Tutors, before they enter upon the Execution of the Trust reposed in them by this Act, shall take the Oath appointed for Public Officers, and also the following Oath, viz:

I, A. B., do swear, that I will duly and faithfully, to the best of my Skill and Ability, execute and discharge the several Trusts, Powers and Authorities, wherewith I am invested, by an Act of the General Assembly, intituled, An Act for incorporating the President and Trustees of Liberty Hall, in the County of Mecklenburg; and that I will endeavour that all Monies, Goods, Chattels, and the Profits of Lands, belonging to this Corporation, shall be duly applied to the Use of the Academy, for the Advancement of Learning, and as near as may be agreeable to the Will of the Donor. SO HELP ME GOD.

And if any President or Trustee of said Academy shall enter upon the Execution of the Trust reposed in him by this Act before taking the said Oaths as above required, he shall forfeit and pay the Sum of Twenty Pounds, Proclamation Money; to be recovered by Action of Debt, in the Name of the Governor of the State for the Time being, and applied to purchase Books for the Use of the said Academy.

VII. And be it further Enacted, by the Authority aforesaid, That the President and Trustees shall annually in the Month of October, elect and commissionate some Person to be Treasurer for the said Academy, during the Term of one Year; which Treasurer shall enter into Bond, with sufficient Security, to the Governor for the Time being, in the Sum of Five Thousand Pounds, conditioned for the faithful Discharge of his Office, and the Trust reposed in him; and that all Monies and Chattels belonging to the said Corporation, that shall be in his Hands at the Expiration of his Office, shall then be immediately paid, and delivered into the Hands of the succeeding Treasurer. And every Treasurer shall receive all Monies, Donations, Gifts, Bequests, and Charities whatsoever, that may belong or accrue to the said Academy during his Office, and at the Expiration thereof shall account with the Trustees for the same, and the same pay and deliver over to the succeeding Treasurer; and on his Neglect or Refusal to pay and deliver as aforesaid, the same Method of Recovery may be had against him, as is or may be provided for the Recovery of Monies from Sheriffs or other Persons chargeable with Public Monies.

VIII. And whereas it is necessary to make Provision for the Appointment of succeeding Presidents and succeeding Trustees, in order to keep up a perpetual Succession; Be it therefore Enacted, by the Authority aforesaid, That on the Death, Refusal to qualify, Resignation, or Removal out of the State, of the President or any of the Trustees for the Time being, it shall be lawful for the remaining Trustees, or a Majority of them, and they are hereby authorized and required, to convene and meet together in the said County of Mecklenburg, and there elect and appoint another President, or one or more Trustees, in the Room and Stead of such President, Trustee or Trustees, dead, refusing to qualify, resigned, or removed out of the State; which President and Trustees so elected and appointed, shall be vested with the same Trusts, Powers and Authorities, as other Fellows and Trustees are invested with by Virtue of this Act, he or they having first taken the Oaths by this Act required.

IX. And be it further Enacted, by the Authority aforesaid, That the said Trustees and their Successors, or a Majority of them, at their Meeting in October annually, and at any other Meeting called for that Purpose (after due Notice given to at least Nine of the Trustees, signifying the Occasion of such Meeting) shall have full Power and Authority to hear any Complaint against the President, or any Professor or Tutor, and for Misbehaviour or Neglect to suspend, or wholly remove him or them from Office, and appoint others to fill the same Office or Offices respectively; and any President so removed from Office, shall from thenceforth cease to be a Member of the Corporation, and the President appointed in his Room and Stead shall be vested with all the Authority and Privileges with which the President by this Act appointed is invested.

X. Provided nevertheless, and be it further Enacted, That this Act, or any Thing therein contained, shall not extend, or be understood to make this Academy one of those Seminaries, mentioned in the Constitution, to oblige this State to support any President, Professor or Tutor, of said Academy, or other Charge or Expence thereof whatsoever; this Act of Incorporation having been obtained at the earnest Prayer and Intreaty of the said Trustees and others, who were desirous to contribute towards the Support thereof.

Read three Times and Ratified in General Assembly, the Ninth Day of May, Anno Dom. 1777.



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