North Carolina - Acts on Education Topics

An Act for the Promotion of Learning in the District of Hillsborough, and to Amend an Act for Establishing an Academy in the Neighbourhood of Hillsborough.

1784 - Chapter XLI

The State Records of North Carolina - Volume XXIV, Pages 605-607

I. Whereas, by an Act of Assembly, intituled, An Act for establishing an academy in the district of Hillsborough, certain persons therein named were appointed trustees to carry the said Act into execution; and, whereas, divers of the said commissioners by death or removal out of the State cannot be convened;

II. Be it therefore Enacted by the General Assembly of the State of North Carolina, and it is hereby Enacted by the authority of the same, That the remaining commissioners resident in this State, provided there be three of them at the least, shall have power and authority to nominate others in the room of those who are dead or removed out of the State.

III. And be it further Enacted by the authority aforesaid, That the commissioners or a majority of them shall be a board for business, and when assembled shall have the powers and authorities given by this Act, as well as by the Act which this is intended to amend; and upon the death or removal out of the State, or refusal to act of any of the said commissioners, those remaining, or a majority of them shall have power and authority to name others in their stead.

IV. And be it further Enacted by the authority aforesaid, That so much of an Act, intituled, An Act for establishing an academy in the neighbourhood of Hillsborough, so far as it comes within the purview of this Act and no further, is hereby repealed and made void.

V. And be it further Enacted by the authority aforesaid, That the said commissioners shall on the second Monday of July next ensuing the ratification of this Act, and on the second Monday of January, April, July and October in every year thereafter, meet in the town of Hillsborough, then and there receive into the hands of a treasurer by them appointed all sums of money subscribed and paid (all sums subscribed and not paid to them then and there duly to be accounted for) and to receive all farther and other donations, and in case of refusal or neglect of any person or persons to pay according to the true intent of his promise, obligation, covenant or agreement, such commissioners may, and they are hereby impowered in the name of their chairman to bring suit before any justice of the peace, or any court of record in the district where such contract shall be made, having cognizance thereof, and recover in an action of debt the sum or sums due from such person or persons so failing or neglecting, to be applied by the said commissioners to the purposes of erecting and maintaining such school.

VI. And be it further Enacted by the authority aforesaid, That by and with the consent of all persons having any right, title or interest in the church erected in the town of Hillsborough (already far gone to decay) such persons being of Episcopal persuasion, and as such claiming interest in the said church, such consent being first obtained by notice in writing, promulgated in the most public part of the county, calling on such persons to object, if any objections they have upon such notice given, and no reasonable objection made, the said building with the ground upon which it stands shall be held and deemed to be invested in the said commissioners, for the uses and purposes following, to-wit: That the said church shall be, with as much economy and expedition as possible, put in decent repair; and so put in repair, shall on every Sunday in every year be open to the ministers of every sect or persuasion, being Christians, there to inculcate the truths of their holy religion: Provided always, That every dispute relative to a preference to the said church in officiating there by ministers of different or of the same sects shall be determined by the said commissioners; and in any dispute between an Episcopalian and ministers of any other persuasion as to a preference to the pulpit, the former (circumstances being otherwise equal) shall be preferred, as the church was founded for the Episcopal persuasion, and to them by the constitution properly appertains.

VII. And be it further Enacted by the authority aforesaid, That tutors or schoolmasters appointed and authorised by the said commissioners, shall teach and instruct in the said school in such branches of learning as the commissioners shall direct; and such persons so appointed and authorised by the majority of the whole board, and no others shall be privileged to teach or instruct within the said church; and if any person shall without permission first had and obtained from a majority of the said commissioners presume to teach within the said church, he shall forfeit and pay the sum of fifty pounds, to be recovered by the commissioners by action of debt in the name of the chairman, for the uses pointed out by this Act.

VIII. And be it further Enacted by the authority aforesaid, That the said commissioners shall yearly, and every year on the second Monday in July, appoint out of their own body a chairman, clerk and treasurer; and the commissioners shall be a body incorporated for the purposes of carrying this Act into execution, and for receiving donations from all charitable and well disposed persons for the uses of the said school, and shall have power and authority to visit the said school at proper times and seasons, to inspect the progress of students in useful learning, but shall confer no degrees, nor shall such school be called or considered as one of those seminaries established by the special direction of the constitution.

IX. And be it further Enacted by the authority aforesaid, That it shall be lawful for a majority of such commissioners to remove any tutor or master guilty of immorality, neglect or misbehaviour in office.

X. And be it further Enacted by the authority aforesaid, That it shall and may be lawful for the said commissioners to open a lottery for the purpose of raising a sum of money for repairing the said building, employing masters and tutors, and for the other purposes of this Act; Provided, That the whole profits of the said lottery shall not amount to more than five hundred pounds current money of this State; and to appoint trustees to manage such lottery, such trustees giving security for the faithful performance of their duty, and that all profits arising from the said lottery shall be applied to the uses of the said school or academy, agreeable to the directions of the aforesaid commissioners.

XI. And be it further Enacted by the authority aforesaid, That the said commissioners be, and they are hereby impowered to make sale of such part of the ornaments, utensils and decorations of the said church as shall not be necessary to the reparation thereof, the proceeds to be applied to the purposes of the said school.

XII. And be it further Enacted by the authority aforesaid, That during the next session of the General Assembly, if the Assembly shall be in the town of Hillsborough, and at any future session thereof in the said town, the said buildings may be made use of by the said Assembly sitting in their legislative capacity during such session.



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