South Carolina - Acts on Education Topics

An Act for the Founding and Erecting a Free School for the Use of the Inhabitants of South Carolina

April 8, 1710

The Statutes at Large of South Carolina - Volume II, Pages 342-346

WHEREAS, it is necessary that a Free School be erected, for the instruction of the youth of this Province in grammar and other arts and sciences and useful learning, and also in the principles of the christian religion; and whereas several charitable and well disposed christians, by their last wills and testaments, have given several sums of money for the founding of a free school, but no person as yet is authorized to take the charge and care of erecting a free school, according to the intent of the donors, and to receive the said legacies, if tendered, nor to demand the same, in case of refusal to pay the same; so that, for want of some person or persons, or body politick and corporate, proper for the lodging the said legacies therein, the same are not applied according to the pious and
charitable intention of the testators or donors;

I. Be it therefore enacted by his Excellency William Lord Craven, Palatine, and the rest of the true and absolute Lords and Proprietors of this Province, by and with the advice and consent of the rest of the members of the General Assembly, now met at Charlestown for the south-west part of this Province, and by the authority of the same. That the Honourable Colonel Edward Tynte, Esq., Governour, Colonel Thomas Broughton, Esq., Landgrave Joseph Morton, Mr. William Gibbon, Colonel George Logan, Richard Beresford, Esq., Arthur Middleton, Esq., Captain John Abraham Motte, Colonel Hugh Grange, Ralph Izard, Esq., Lieutenant Colonel Alexander Parris, Esq., Captain Lewis Pasquereau, Doctor Gideon Johnston, Doctor Francis Lejau, Mr. Alexander Wood, and Nicholas Trott, Esq., or any nine of them, and their successors, to be elected in manner as hereafter is directed, be, and shall forever hereafter be one body politick and corporate, in deed and in name, by the name of the Commissioners for founding, erecting, governing, ordering and visiting a School for the use of the Inhabitants of South Carolina; and that they and their successors, by the same name, by the authority aforesaid, be fully made, ordained, constituted and declared one body politick and corporate, in deed and in name, and that by the same name they and their successors shall and may have perpetual succession; and that they and their successors by that name shall and may forever hereafter be persons able and capable in law to purchase, have, take, receive and enjoy to them and their successors, lands, messuages, tenements, rents, liberties, privileges, jurisdictions, franchises,
and other hereditaments whatsoever, of whatsoever nature, kind, quality or value they be, in fee, and in perpetuity; and also estates for lives and for years, and all other manner of goods, chattels and things whatsoever, of what name, nature, quality and value soever they be, for the better support and maintenance of masters or teachers for the said school, and also for the erecting of school houses and convenient dwelling houses for the accommodation of the said several masters and teachers. And that, by the name aforesaid, they shall and may be able to plead and be impleaded, answer and be answered unto, defend and be defended, in all courts and places whatsoever, and before whatsoever judge or judges, justice or justices, or other officer or officers belonging to this Province, in all and singular actions, plaints, pleas, matters and demands of what kind, nature and quality soever they be. And to act and do all other matters and things in as ample manner and form as any other the inhabitants of this Provinnce, being persons able and capable in law, or any other body corporate or politick, by the laws of England can or may have, purchase, receive, possess, take, enjoy, grant, set, let, demise, plead and be impleaded, answer and be answered unto, defend and be defended, do, permit and execute. And that the said commissioners, and their successors for ever hereafter, shall and may have a common seal to serve for the causes and business of them and their successors, to change, break, alter and make new the said seal, from time to time, and at their pleasure, as
they shall think best.

II. And for the better execution of the purposes aforesaid, Be it further enacted hy the authority aforesaid, That the said commissioners and their successors for ever, shall and may on the second Tuesday in July, yearly, meet at some convenient place, to be appointed by the president of the said commissioners, between the hours of eight in the morning and five in the afternoon, and that they, or the major part of such of them that shall then be present, shall choose one president and vice president, and such other officers, ministers and servants as shall be thought convenient, to serve in the said offices for the year ensuing; and that the said president and all officers then elected shall, before they act in their respective offices, take an oath, to be to them administered by the president, or, in his absence, by one of the vice presidents of the year preceeding, who are hereby authorized to administer the same, for the faithful and due execution of their respective offices and places, during the said year.

III. And be it further enacted by the authority aforesaid, That the first president of the said commissioners shall be the Honourable Colonel Edward Tynte, Esq., Governour, and that the said president shall, within three days after the ratification of this Act, cause summons to be issued to the several commissioners herein particularly mentioned, to meet on the second Tuesday of June next ensuing, at such place as he shall appoint, and that they, or the major part of such of them as shall then be present, shall proceed to the election of such other officers, ministers and servants, as to them shall seem meet; which said officers, from the time of their election into their respective offices, shall continue therein until the second Tuesday in July, which will be in the year of our Lord one thousand seven hundred and eleven, and from thenceforward until others shall be chosen in their places, in manner aforesaid.

IV. And be it further enacted by the authority aforesaid, That if it shall happen that any of the persons at any time chosen into any of the said offices, shall die, or, on any account, be removed from such office, at any time between the said yearly days of election, that, in such case, it shall be lawful for the surviving and continuing president, or any one of the vice-presidents, to issue summons to the several members of the body corporate, to meet at the usual place of the annual meeting of the said commissioners, at such time as shall be specified in the said summons, and such members as shall meet upon such summons, or the major part of them, shall and may choose an officer or officers in the room or place of such person or persons, so dead or removed, as to them shall seem meet.

V. And be it further enacted by the authority aforesaid, That in case of the death or removal from this Province of any of the said commissioners, that then it shall be lawful for the president, or any one of the vice-presidents, to issue summons to the several surviving commissioners to meet at the usual place of the annual meeting of the said commissioners, at such time as shall be specified in the said summons, and that such members as shall meet upon such summons, or the major part of them, shall or may choose a commissioner or commissioners in the room or place of such person or persons, so dead or removed, as to them shall seem meet.

VI. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the said commissioners and their successors to meet at some convenient place to be appointed for that purpose, on the second Tuesday in February and July, and oftener if occasion requires, upon publick summons given five days before, then and there to transact the business of the said commissioners, and to put in force and execute the several powers given them by this Act; and no act done in any assembly of the said commissioners shall be effisctual and valid, unless the president or some one of the vice-presidents and eight members of the said commissioners, at least, be present, and the major part consenting thereunto.

VII. And be it further enacted by the authority aforesaid, That all gifts or legacies formerly given, for the use of a free school for this Province, by any person or persons whatsoever, are hereby appropriated for the use of the school intended to be founded and erected, pursuant to the several powers granted to the said commissioners by this Act; and the said commissioners and their lawful successors are hereby authorized and impowered to demand and sue for the same, either by action of debt, suit, bill, plaint or information, in any court of record in this Province, wherein no essoign, protection, privilege, injunction, or wager of law, or stay of prosecution by non vult ulterins prosequi, or otherwise, shall be admitted or allowed.

VIII. And be it further enacted by the authority aforesaid, That if any action, claim, suit or information shall be commenced or prosecuted against any person or persons, for what he or they shall do in pursuance or execution of this Act, such person or persons so sued may plead the general issue not guilty, and upon issue joined, give this Act and the special matter in evidence; and if the plaintiff or prosecutor shall become non-suit, or suffer discontinuance, or if a verdict pass against him, the defendant or defendants shall recover his or their treble costs, for which he or they shall have the like remedy as in any case by law is given to the defendants. And a receipt signed by such person or persons as shall be lawfully chosen and appointed treasurer to the said commissioners, shall be a sufficient discharge to such executor or executors as shall pay such legacies. And the moneys so received by such treasurer, shall be disposed of, by order of the said commissioners and their successors, towards the purchasing of lands, and the erecting of a school house and dwelling houses, for the use of the several masters and professors.

IX. And be it further enacted by the authority aforesaid, That the said commissioners and their successors shall have power, and they are hereby authorized and impowered, to take up by grant from the Lords Proprietors, or purchase, have, take and receive, from any other person or persons whatsoever, so much land as they shall think necessary for the use and conveniency of the several masters and teachers; and shall also direct the building a school house upon the same, and such dwelling houses and convenient out-houses and buildings for the accommodation of the several masters or teachers; and shall also nominate and appoint one or more persons to be supervisor or supervisors for the said buildings. The said several buildings to be on such places on the said land, so taken up or purchased or received as aforesaid, and of such dimensions and of such materials, as the said commissioners shall order and direct.

X. And be it further enacted by the authority aforesaid, That the said commisssioners and their successors shall have full power and lawful authority to nominate and appoint a fit person to be master of the said school, by the name and stile of Praeceptor and Teacher of Grammar and other the arts and sciences to be taught in the School for the Province of South Carolina; and so, from time to time, when and as often as the said place of master of the said school, by death, resignation, deprivation, or other wise, shall become void, shall nominate and appoint a fit person to succeed to be master of the said school.

XI. And be it further enacted, by the authority aforesaid, That the person to be master of the said school, shall be of the religion of the Church of England, and conform to the same, and shall be capable to teach the learned languages, that is to say, the Latine and Greek tongues, and also the useful parts of the mathematicks.

XII. And be it further enacted by the authority aforesaid, That these commissioners and their successors shall have power and authority, under their common seal, to set down and prescribe such orders, rules, statutes, and ordinances, for the order, rule and good government of the said school, and of the masters, teachers, ushers and scholars thereof, as to them and their successors shall seem meet and convenient; and that the same orders, rules, statutes and ordinances, so by them made and set down, shall be and stand in full force and strength in law, so always that the same be reasonable, and not repugnant nor contrary to the established laws of this Province. And the said commissioners for the time being shall have full power and authority to visit the said school, and to order, reform, and redress all disorders and abuses in and touching the government of the same; and further, to censure, suspend and deprive any of the masters, teachers or professors of the said school, or the usher or ushers thereof, for the time being, as to them shall seem just, fit and convenient.

XIII. And be it further enacted by the authority aforesaid, That the said master or teacher of the said school shall have, hold, occupy, possess and enjoy, to him and his lawful successors, all such land as shall, pursuant to this Act, be taken up, purchased, had or received tor the use ot the master of the said school, and the school house, and dwelling house, and the out houses, and other buildings upon the same.

XIV. And be it further enacted by the authority aforesaid, That in case the commissioners shall think it necessary that there be an usher appointed for the said school, that then the usher of the said school shall be chosen by the master, but approved of by the said commissioners and their successors.

XV. And because it is necessary that a fit person to teach the youth of this Province to write, and also the principles of vulgar arithmetick and merchant's accompts, Be it further enacted by the authority aforesaid, That a fitting person shall be nominated and appointed by the said commissioners, to teach writing, arithmetick, and merchant's accounts.

Read three times, and ratified in open Assembly, this eighth day of April, Anno Dom. 1710.

EDW. TYNTE,
F. TURBERVILLE,
ROBERT GIBBES,
ROBERT DANIELL,
THO. BROUGHTON.

[Note - This Act was repealed by the Free School Act, of Dec. 12, 1712.]



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