North Carolina - Acts on Education Topics

An Act for the Promotion of Learning in the County of Currituck, and to Amend the Wilmington Academy Law

1789 - Chapter XVIII

The State Records of North Carolina - Volume XXV, Pages 18-20

Whereas, the good education of youth has the most direct tendency to promote the virtue, encrease the wealth and extend the fame of any people; and as it is the indispensable duty of every Legislature to consult the happiness of a rising generation, and endeavour to fit them for an honourable discharge of the social duties of life: And whereas, it is represented to this General Assembly that the citizens of Currituck and the adjacent counties, are desirous of making an early and liberal provision for the instruction of youth by laying the foundation of a public seminary in that county:

I. Be it enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, That Isaac Gregory, Dempsey Connor, John Swann, Peter Dauge, Dempsey Burgess, Enoch Sawyer, John Humphreys, William Ferebee, Willoughby Dauge, Asahel Simmons, Joseph Ferebee, Timothy Etheridge, and Thomas Pool Williams, Esquires, shall be and they are hereby declared to be a body politic and corporate, to be known and distinguished by the title of the trustees of Currituck Seminary of Learning; and by the name of the trustees of Currituck Seminary of Learning shall have perpetual succession and a common seal; and the said trustees and their successors, by the name aforesaid, or a majority of them, shall be able and capable in law to take, demand, receive and possess all monies by subscription or otherwise, goods and chattels that shall be given them for the use of the said seminary of learning, 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 forever, any lands, rents, tenements or 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 seminary of learning in the county of Currituck, building or purchasing suitable and convenient houses, purchasing a library and philosophical apparatus, and supporting and paying the salaries of the Provost and such number of professors and tutors as to them shall seem necessary.

II. And be it further enacted by the authority aforesaid, That the said 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 any such lands, rents, tenements or hereditaments as aforesaid, when the will of the grantee doth not forbid the same; and further, that the said trustees and their successors forever, 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, by the stile of the President and Trustees of the seminary of learning of Currituck.

III. And be it further enacted by the authority aforesaid, That the said trustees or a majority of them, shall and they are hereby authorised to choose a President, Treasurer and Secretary out of their own body; they may also choose a Rector, Professors and Tutors for the seminary of learning, and the same may remove at pleasure; and they shall have authority to make bye-laws for the government and regulation of the seminary of learning, and the same to alter and amend. Provided nevertheless, That such laws shall not be repugnant to the laws of this State, their morals, studies and academical exercises as to them shall seem meet; and to give certificates to such students as shall leave the said seminary, certifying their literary merit and progress of useful knowledge; and further, that on death, resignation, refusal to act or misconduct of either Professors or Tutors, the Secretary, Treasurer or Steward, others shall be elected in their room and stead, a majority of the trustees agreeing thereto.

IV. And be it further enacted by the authority aforesaid, That the Treasurer of the said board of Trustees, shall enter into bond with sufficient security to the Trustees aforesaid, in the sum of two thousand pounds, conditioned for the faithful discharge of the trust in him reposed; and that all monies and chattels belonging to the said corporation that shall be in his hand 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 and donations of whatsoever kind that may belong or accrue to the said seminary of learning 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 recovering 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.

V. And be it further enacted, That if any Trustee shall neglect attending at the stated meeting of the Board for the space of two years, or if any of them shall die, or otherwise resign his office, the remaining Trustees, or a majority of them, shall at their next meeting choose another Trustee in the room of the person thus neglecting his duty or resigning his office.

VI. And be it further enacted by the authority aforesaid, That no lands, tenements or hereditaments, which may be vested in the Trustees of the seminary of learning of Currituck, for the sale use and behoof of the seminary, shall be subject to any tax for the space of ninety-nine years. Provided, That nothing contained in this Act, shall be understood as establishing this as one of those seminaries of learning mentioned by the costitution of this State.

Whereas, in the third section of an Act passed last session, entitled, “An Act for the promotion of learning in the district of Wilmington,” it was intended that the number of Trustees might be augmented so as not to exceed thirty nor to be under twenty, but by an omission in the engrosser of the bill or otherwise, although a certain number is intended to be referred to, that number does not appear in the Act: For remedy whereof,

VII. Be it enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, That the said Trustees at any future meeting may, and they are hereby empowered, if they shall judge the same necessary, to elect by ballot a sufficient number of persons to be Trustees so as to make the whole number thirty; and such Trustees so chosen, shall have the same powers and authority as the Trustees named in any of the before mentioned Acts.

And whereas, it is enacted by the said Act passed last Assembly, that the first meeting of the Trustees should be on the first day of January after passing the said Act, and the said Act having passed into a law on the sixth day of December, immediately preceding the first day of January, and the same not having been published, nor any authentic copy thereof received by the said Trustees until long after the said first day of January, the first meeting of the said Trustees did not happen until some months afterwards, to prevent the legality of the Acts of the said Trustees at their first meeting being called in question:

VIII. Be it therefore enacted by the authority aforesaid, That the said first meeting of the Trustees of the said academy, held after the said first day of January last past, shall be held, deemed and taken to be good and effectual in law in the same manner as if the same had been held on the said first day of January last; and that all the acts and doings of the said Trustees shall have the same force and effect, as well within court as without, to all intents, constructions and purposes, as if the said meeting had been held on the day mentioned in the said Act; any thing in the said Act, or in any law or usage to the contrary thereof in any wise notwithstanding.



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