North Carolina - Acts on Education Topics

An Act to Incorporate the Trustees of Concordia College, Situated at Conover in Catawba County, North Carolina.

1881 Private Laws: Chapter 15

Private Laws of the State of North Carolina Passed in 1881 - Pages 665-668.

The general assembly of North Carolina do enact:

Section 1. That P. C. Henkel, Paul Hunsucker, J. M. Smith, D. D. Seitz, Andrew Haller, A. M. Huil, M. L. Little and M. Lippard, and their associates and successors duly elected, are hereby created a body politic and corporate in the name and style of the "Trustees of Concordia College," and said trustees shall have succession, and may have and use a common seal, and be capable in law to sue and be sued, plead and be impleaded in all the courts of this state, and may take, demand, receive, and possess all lands and tenements, moneys, goods and chattels, which have been, or which may be given them by will or otherwise for the use of said college in the town of Conover, Catawba County, with power to make all needful rules and regulations for their own government and that of said college, and shall have continued succession in such capacity for the instruction of youths in the various branches of science, literature and art.

Sec. 2. That there shall not be less than six nor more than fifteen trustees of said corporation at any one time. That all vacancies occurring in the board of trustees shall be filled by the Concordia College Association of the Evangelical Lutheran Church, as set forth in the basis and plan of said college. In case such association fails to fill such vacancies, that then the trustees shall have power to fill vacancies in their body.

Sec. 3. That the president and professors of said college, by and with the consent of the trustees of said college, shall have the power of conferring the degree of master of arts and the degrees and distinctions of less dignity than master of arts, which are usually conferred by colleges.

Sec. 4. That it shall not be lawful for any person or persons to sell any wines or spirituous or malt liquors to any person within two miles of said Concordia College, except for medicinal purposes, nor give nor convey to the students of said college any intoxicating liquors without special permission in writing of the faculty of said college, and any person or persons violating any of the provisions of this Act shall be considered guilty of a misdemeanor and shall be fined not exceeding fifty dollars or imprisoned not more than thirty days for each and every offense.

Sec. 5. That said corporation may take and hold real and personal property not exceeding one hundred and fifty thousand dollars cash, and enjoy any and all rights incident to a corporation and necessary to accomplish the object of its creation.

Sec. 6. That said trustees may open books of subscription and receive any money or property by donation or otherwise and appropriate the same to the use of the college aforesaid, and may sell, exchange or dispose of any of said property in furtherance of the interests of said college, when not restrained by conditions in receiving said property.

Sec. 7. That the said board of trustees shall have power to elect a president and professors to teach in this institution and remove them for good cause, and to erect suitable buildings for said school as may be deemed proper, and to exercise supervision and control over the same when established and put in operation according to the basis, plan and constitution of said college.

Sec. 8. That three of the trustees shall constitute a quorum for the transaction of business, selecting one of their number to preside in the meetings.

Sec. 9. That whenever property is received by the corporation, by gift or otherwise, on conditions specified in the deed or other instrument conveying the property, and the corporation shall not comply with the conditions, or shall cease to use the property as provided in the conveyance, then the property is to avert to the grantor, his heirs or assigns.

Sec. 10. That the said trustees are hereby further empowered to borrow money to a sum not exceeding one thousand dollars: Provided, however, That the sum borrowed shall be applied to the liquidation of debts now properly owed by said trustees on the aforesaid building; and secondly, to the completion of said building and to such other objects as may be necessary to prepare the building for use as a college. The trustees shall not pay a higher rate of interest than six per centum per annum.

Sec. 11. That the aforesaid trustees shall be liable only for the payment of such sums as they may borrow as trustees of Concordia College, and in no instance shall the personal property or real estate of any member or members of the association be subject to or exposed to sale for the liquidation of any debtor debts made in the interest of said college; but as security to persons lending them money, the trustees are by the terms of this charter empowered to execute a lien upon the building and ground upon which said building stands, and as additional security to persons lending to said trustees and stockholders, the said college building shall be insured in one or more insurance companies for an amount not less than fifteen hundred dollars.

Sec. 12. That the tenth section shall be so construed as not to prevent the said trustees from borrowing additional sums of money from time to time, but in no case shall their indebtedness at any one time exceed the sum therein provided for, viz: one thousand dollars.

Sec. 13. This Act shall be in force from and after its ratification.

In the general assembly read three times, and ratified this the 11th day of February, A.D. 1881.

Thomas J. Jarvis, Governor
Charles M. Cooke, Speaker of the House of Representatives
James L. Robinson, Lt. Governor and President of the Senate

State of North Carolina,
Office Secretary of State,
Raleigh, May 14th, 1881.

I, William L. Saunders, Secretary of State, hereby
certify that the foregoing are true copies of the original
acts and resolutions on file in this office.

William L. Saunders,
Secretary of State.

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