North Carolina - Acts on Education Topics

An Act to Establish an Academy in the Town of Asheville in Buncombe County, and to Establish an Academy in Surry County.

1818 - Chapter CIII

The Laws of the State of North Carolina 1818 - Pages 89-90

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 Samuel Churn, David Swain, John Patton, Nathan McDowell, William Brittain, Robert Henry, and Samuel Davidson, be and they are hereby constituted and incorporated a body politic and corporate, to be known by the name and title of the Trustees of the Asheville Academy; and by that name shall have perpetual succession, and shall have full power and authority under that name, to ask, demand, sue for and receive all property both real and personal which may be given to the said institution, to be disposed of according to the will of the donor, and to do and transact all other business which may tend to the promotion and prosperity of said academy, in as full and ample a manner as the trustees of any Academy in this state; and that in case of the death, resignation, or removal from office of any trustee, or trustees of said Academy, a majority of the acting trustees for the time being shall have full power and authority to appoint others to fill the vacancy or vacancies, occasioned by such death, resignation or removal from office.

II. And be it further enacted, That the said trustees of Asheville Academy, or their successors in office, shall have full power and authority to raise the sum of two thousand dollars by way of lottery or lotteries, donations, or subscriptions for the purpose of completing the necessary buildings and of purchasing lands, apparatus, &c. for the use of said Academy.

III. And be it further enacted, That the said trustees or a majority of them at their first meeting after the passing of this act, shall have full power and authority to select five members of their body to draft a scheme of said lottery or lotteries, who shall he considered entire managers of the same, and previous to their entering on the duties of their appointment shall in open court take an oath for the honest und faithful performance of the same, and shall also enter into bond jointly to the chairman of the county court of Buncombe and his successors in office in the sum of twenty thousand dollars for their punctually paying out of the monies received for the sale of tickets to fortunate adventurers in said lottery or lotteries, such sum or sums as may be drawn to the number of their respective tickets, within sixty days after the drawing is completed, deducting therefrom such per cent as may be agreed on by such managers in favour of said Academy. And said managers shall have full power and authority to establish and carry on said lottery or lotteries in such manner as they may think most conducive to the interest of said instititution, and may sue and be sued as managers of the same in any court of record in this state, any law to the contrary notwithstanding.

And whereeas the diffusion of useful knowledge by establishing seminaries for the education of youth is productive of general benefit and essential to the permanance of a republican government,

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 Hardy Jones, Daniel Hunt, Thomas W. Mitchell. Thomas Hampton, Daniel Dyernett & John P. Parks, be & they are hereby declared to be a body politic & corporate, to be known by the name of the trustees of the Jonesville Academy, and by that name shall have perpetual succession and they or their successors, or a majority of them, by the name aforesaid shall be able and capable in law to make, demand and receive any property real or personal, and any monies or other things that shall be given for the use of the said academy and the same to apply according to the will of the donor, and by gift, purchase or devise, to take, have, possess, receive, enjoy and retain to them and their successors forever, any lands, rents or tenements of whatever nature or kind soever, in special confidence that the same or the profits thereof be applied to and for the purposeof establishing and endowing said academy, and shall be capable of pleading or being impleaded for any monies which may be given or subscribed for the use of this institution.

II. And be it further enacted, That the said trustees or a majority of them shall have full power and authority to make such bye-laws and regulations as are usual in such seminaries, and to appoint other trustees who shall have the same power and authority as are granted to the trustees appointed by this Act.

Approved: November 17, 1818

John Branch, Governor
Bartlett Yancey, Speaker of the Senate
James Iredell, Jr., Speaker of the House of Commons



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