South Carolina - Acts on Education Topics

An Act to Vest Certain Lands in the District of Beaufort in Trustees, for the Purpose of Building and Endowing a College in the Town of Beaufort, and to Incorporate the Same; and for Other Purposes

December 19, 1795

The Statutes at Large of South Carolina - Volume VIII, Pages 189-192

WHEREAS, a petition has been presented to the Legislature, by sundry persons, inhabitants of the district of Beaufort, praying that certain lands in the said district, the property of the State, may be given for the purpose of erecting a College in the Town of Beaufort:

I. Be it therefore enacted, by the Honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That all the confiscated property to which the State is now entitled, in the district of. Beaufort, and all such property as hath heretofore or may hereafter accrue to this State, in the said district, on account of property which, by an Act entitled "An Act to appoint escheators and to regulate escheats," hath escheated to this State; provided, the same do not amount to more than five thousand pounds sterling; and all the vacant lots in the town of Beaufort, shall be, and they are hereby, vested in the trustees hereafter appointed, and for the purposes hereinafter mentioned. And the said trustees, for the receiving and disposal of the same, are hereby vested with all the powers heretofore vested in the commissioners for selling and disposing of the confiscated estates, in the person or persons heretofore appointed escheators in the district aforesaid, and the commissioners heretofore appointed for the purpose of selling the vacant lots in the town of Beaufort.

II. And be it further enacted by the authority aforesaid, That the vestry of the church on Port Republic [?] Island, are hereby vested with full power to convey, in such manner as they may deem proper, any such part of the lands which hath heretofore been appropriated for the use of the church, for the purpose of erecting a College thereon, and shall give the said lands such reasonable bounds as may be necessary for the same, and to use the remaining part of the lands in which the said church hath a right, in such manner as in their opinion will most conduce to the interests of the church.

III. And be it further enacted by the authority aforesaid, That John Barnwell, Robert Barnwell, William Hazzard Wigg, William Elliott, Stephen Elliott, Henry Holcombe, Thomas Fuller, John M'Pherson, John A. Cuthbert, John Jenkins, Sen., William Fripp, John Bull, and John M. Verdier, shall be, and are hereby appointed, trustees for the purposes herein mentioned; and that the said trustees and their successors, shall, forever hereafter, be one body politic and corporate, in deed and in name, by the style of "Trustees of the College of Beaufort ;" and by the said name shall have perpetual succession of officers and members, and a common seal, with power to change, alter and make new the same as often as the said corporation shall judge expedient.

IV. And be it further enacted by the authority aforesaid, That the said corporation shall be capable in law to purchase, have, hold, receive, enjoy, possess and retain, to itself, in perpetuity or for any term of years, any lands, tenements or hereditaments, or other property, of what kind or nature soever, and to sell, alien or release the same, as they shall think proper; and also, that it shall and may be lawful for said corporation to take and hold, forever, any charitable donations, devises or bequests of land or personal property, and to appropriate the same to the purposes of said corporation; and by its said name to sue and be sued, implead and be impleaded, answer and be answered unto, in any court of law or equity in this State. Provided, nevertheless, that all such purchases, donations, devise and bequests, of land or personal property, shall be exclusively appropriated for the purpose of erecting and endowing a College in the town of Beaufort, and of establishing such other schools and seminaries of learning as the said corporation shall deem expedient.

V. And be it further enacted by the authority aforesaid, That the said College at Beaufort be under the management and direction of the aforesaid trustees, or a quorum or board thereof, to be chosen, appointed and perpetuated as follows: the said trustees, and their successors, shall meet on the first Monday of March in every year, at said College, or such other place in Beaufort as may be thought more convenient, between the hours of nine in the forenoon and three in the afternoon, due and public notice thereof being given by the Secretary, at least ten days before, in writing, and the major part of those so met shall elect, by ballot, a President and such other officers as they shall think necessary, for the year ensuing. The said President and officers so chosen shall take an oath for the due and faithful execution of their office, to be administered to them by any judge or justice of the peace. On the death, resignation or removal from the State, of any trustee, the President, or in his absence the next presiding officer, shall, within three months thereafter, cause the other trustees to be summoned to meet at the College, or such other place in Beaufort as may be thought more convenient, after a notice of ten days; and the trustees who shall meet, not less than seven being present, or a majority of those so met, shall choose, by ballot, another trustee in the place of the one so dying, resigning or removing, who shall be vested with all the pow ers and privileges of his predecessor.

VI. And be it further enacted by the authority aforesaid, That the said trustees of the College of Beaufort, or a majority of them, shall have full power and authority, from time to time, to make, constitute and establish such and so many by-laws, rules and orders, as to make them seem necessary, and convenient for the better regulation, government, well ordering and directing of themselves, as trustees aforesaid, as well as of the said College in Beaufort, and all officers, professors or other persons by them employed or to be employed in and about the same, and of all students in the said College, and for the better managing, limiting and appointing of all and singular the trusts and authorities in them and each of them reposed, and to be reposed, and for doing, managing and transacting all things necessary for and concerning tbe government of the same College; and the same by-laws, rules and orders to put in force and execution accordingly, and the same again, at their will and pleasure, to alter, change, revoke or annul; all which by-laws, rules and orders, so to be made, as aforesaid, shall be binding on each and every of the said trustees, and on all officers, professors and other persons by them employed, and on all students in the said College, and shall be, from time to time, by each and every of them, inviolably and punctually observed, according to the tenor and effect thereof, under the several pains, penalties and disabilities therein expressed, fixed, appointed or declared; provided, that the same shall be reasonable, and not contrary or repugnant to the laws of this State, or of the Congress of the United States of America.

VII. And be it further enacted by the authority aforesaid, That the said Trustees, or so many as shall be fixed on their by-laws, as aforesaid, shall have full power, by the principal or professors of the said College, to degrees, grant or confer such degree or degrees in the liberal arts or sciences, to any of the students of the said College, or other persons by them thought worthy thereof, as are usually granted and conferred in other Colleges in Europe and America, and to give diplomas or certificates thereof, signed by them, and sealed with the common seal of tbe trustees of the College, to authenticate and perpetuate the memory of such graduation.

VIII. And be it further enacted, That no person shall be excluded from any privilege, immunity, office or situation in the said College, on account of his religious persuasion; provided, he demean himself in a sober, peaceable and orderly manner, and conform to the rules and regulations thereof.

IX. And be it further enacted, That this Act shall be deemed a public Act, and judicially taken notice of as such, without special pleading; that the same shall be liberally construed for fully carrying into effect the beneficial purposes hereby intended; and if any person or persons shall be sued for any matter done in pursuance hereof, he, she or they may plead the general isssue, give this Act and the special matter in evidence, and on discontinuance by a judgment against any plaintiff, shall recover treble costs.

X. And be it further enacted, That the said trustees shall keep an accurate account of all their proceedings in regard to the property granted as aforesaid, which, whenever required to do, they shall lay before the Legislature for their information.

XI. And be it further enacted by the authority aforesaid, That the Beaufort and St. Helena Societies are hereby authorized and empowered to convey to the trustees herein appointed, or their successors, for the purposes herein mentioned, any part or the whole of the funds now in their possession, or which they may hereafter possess; an Act to the contrary notwithstanding.

XII. And be it further enacted by the authority aforesaid, That all the confiscated property to which this State is now entitled, in the election districts of Prince George Winyaw and All Saints, and all such other property as hath hertofore accrued, or may hereafter accrue, to this State, in the said districts, under the operation of an Act entitled "An Act to appoint escheators and to regulate escheats," and all the vacant lots in the town of Georgetown, shall be, and are hereby, vested in the Winyaw Indigo Society. Provided, the aforesaid property shall not exceed five thousand pounds sterling.

XIII. And be it further enacted by the authority aforesaid, That all the confiscated property to which this State is now entitled, in the circuit court district of Cheraw, as also all the property already escheated, and which may hereafter escheat, to this State, under the operation of the above recited Act, in the said circuit court district, and shall be, and is hereby, vested in the incorporated society of St. David. And the said societies are hereby vested with all the powers which have been heretofore vested in the commissioners for selling and disposing of confiscated property, in the persons appointed escheators, in the several districts throughout this State, and in the commissioners heretofore appointed for selling the vacant lots in the town of Georgetown. Provided, the property shall not exceed five thousand pounds sterling.

In the Senate House, the nineteenth day of December, in the year of our Lord one thousand seven hundred nnd ninety-five, and in the twentieth year of the Independence of the United States of America.

DAVID RAMSAY, President of the Senate.
ROBERT BARNWELL, Speaker of the House of Representatives.



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