North Carolina - Acts on Education Topics

An Act to Establish an Academy in the Lower End of Caswell County.

1804 - Chapter XLI

The Laws of North Carolina of 1804 - Pages 31-32

Whereas a number of the citizens of this and the adjacent counties, are desirous of establishing an academy for the promotion of learning in the lower end of the county aforesaid, and having liberally subscribed for the purpose of carrying the same into effect, and trustees being appointed, they therefore are desirous of receiving the sanction of the Legislature by an Act to incorporate them: Therefore

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 John Ogilby, John McAden, Thomas J. Moore, Samuel Smith, James Rainey, Swepson Sims and Herndon Haralson, Esquires, shall be, and they are hereby declared to be a body politic and corporate, to be known and distinguished by the name of "The Trustees of the Hico Academy," and by that name shall have perpetual succession; and that they the 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, goods and chattels that shall be given 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 or nature soever, in special trust and confidence, that the same or the profits thereof be applied to and for the use and purposes of establishing and endowning the said Academy, and all purchases by them made of real and personal estate in their names as trustees aforesaid, and all contracts entered into by them as aforesaid, are hereby delcarned to be as good and valid to all intents and purposes, as if they had been heretofore a body politic and corporate.

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 any convey any such lands, rents, tenements and hereditaments as aforesaid, when the will of the grantor doth not forbid the same: And further, that the said 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 be sued, plead and be impleaded, answer and be answered in all courts of record in this State.

III. And be it further enacted by the authority aforesaid, That the said Trustees and their successors, or a majority of them, shall have, and are hereby declared to have full power to make and ordain such laws and regulations for their own government and for the regulation and government of said Academy, and the preservation of order and good morals therein, as are usually made in such seminaries, and as to them may appear necessary; and shall be able and capable to act and do all things whatever for the promotion of said seminary in as full and ample manner as any body politic or corporate can or may do by law.

IV. And be it further enacted by the authority aforesaid, That upon the dath, resignation, inability, refusal to act, removal out of the district of any of the said trustees, or to increase their number, it shall and may by lawful for the remaining trustees, or a majority of them, to elect others in the room of such trustee dying, resigning, refusing to act, unable to attend, removed, or to increase the number as aforesaid; and that the trustee or trustees so elected, shall have equal power, authority and capacity with the trustees hereby appointed.

V. And be it further enacted, That this Act shall be in force from and after the day of its ratification.

Read three times and ratified in General Assembly,
the 19th day of December, 1804
William White, Secretary

J. Riddick, S.S.
S. Cabarrus, S.H.C.



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