South Carolina - Acts on Education Topics

An Act to Vest in the Clarendon Orphan Society all the Escheated Property of Clarendon County, for the Purpose of Endowing and Supporting a School in the Said County; and also for Vesting Escheated Property in Orangeburgh District, in Trustees, for the Like Purposes.

December 21, 1798

The Statutes at Large of South Carolina - Volume V, Pages 337-339

WHEREAS, the inhabitants of the county of Clarendon, by their petition, setting forth that the establishment of a public school in the said county would be productive of general utility, and tend to the happiness of society, good order and government:

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 property which hath heretofore or may hereafter escheat to this State, within the limits of Clarendon County, (provided the same do not exceed ten thousand dollars,) shall be, and the same is 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 person or persons appointed escheators in the several districts throughout this State, so far as the same concerns that part of the State which is included in the present limits of Clarendon County.

II. And be it enacted by the authority aforesaid, That Richard Richardson, Senior, James Davis, Thomas Nightingale Johnson, John Peter Richardson, Samuel Montgomery, Senior, Mathew James and James Burchill Richardson, shall be, and they are hereby appointed, trustees for the purposes of establishing and conducting a public school in Clarendon County, with full power and authority, fiom time to time, to make, constitute and establish such by-laws, rules and orders, as to them shall seem necessary and convenient for the better regulation, government, well-ordering and directing of themselves as trustees aforesaid, as well as of the said public school so to be established. And the said trustees, and their successors, shall for ever hereafter be a body politic and corporate, in deed and in name, and by the style of "The Trustees of the Public School of the Clarendon Orphan Society;" 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.

III. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the said corporation to take, retain, and hold for ever, any charitable donations, devises or bequests, of lands or personal property, and to appropriate the same to the purposes of said corporation; and by its 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.

IV. And be it further enacted, by the authority aforesaid, That the said public school in Clarendon County shall be under the management and direction of the aforesaid trustees, or a majority or board thereof, to be chosen, appointed and perpetuated as follows: The said trustees and their successors shall meet on the second Monday in May in every year, at any place so to be appointed by the said trustees, between the hours of ten o'clock in the morning, and three o'clock in the afternoon, (after due notice being given by the trustees at least eight days before.) and the majority of those so met shall elect by ballot a president and such other officers as they shall think necessary for the ensuing year. And on the death, resignation, or removal from the State, by residence, of any trustee or officer, the president, or in his absence the next presiding officer, shall, in a convenient place, and within two months after due notice, convene the said trustees, and, in the manner aforesaid, so supply and fill up all vacancies that may so take place from time to time.

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

VI. Be it further enacted by the authority aforesaid, That Henry Dana Ward, Col. Jacob Rumph, James Stewart, James Carmichael, David Coalter, William Fitzpatrick, Jacob Seibels, Alexander Bell, Hargrove Arthur, Robert Stark, Charles Brown, Aaron Smith, Joseph Vince, Charles Goodwin and Tarleton Brown, shall be, and they are hereby appointed, trustees for the purposes of establishing schools and other seminaries of learning in the district of Orangeburgh; and that the said trustees, and their successors, shall, for ever hereafter, be one body politic and corporate, in deed and in name, by the style of "The Trustees for establishing Public Schools in the district of Orangeburgh;" and by the said name shall have perpetual succession of officers and members, and a common seal, with power to alter, change and make new the same, as often as the said corporation shall judge expedient.

VII. 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 lease the same as they shall think proper: And also that it shall and may be lawful for the said corporation to take and hold for ever, any charitable donations, devises or bequests of land or personal property, and to appropriate the same to the purposes of the 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 always, that all such purchases, donations, devises and bequests of lands or personal property, and the property vested by virtue of this Act in the said trustees, shall not exceed the sum of twenty thousand dollars.

VIII. And, be it further enacted by the authority aforesaid, That the said schools shall be under the management and direction of the aforesaid trustees, or a quorum of them, to be chosen, appointed and perpetuated in the following manner, that is to say: the said trustees, and their successors, shall meet on the first Monday in May in every year, at Orangeburgh, or such other place as shall be appointed by a majority of them, between the hours of nine in the morning and three in the afternoon, 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. And on the death, resignation or removal from the State of any trustee or trustees, 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 Orangeburgh aforesaid, or such other place as the president, or presiding officer, shall appoint, giving at least thirty days notice: 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 or trustees, in the place or places of any one or more so dying, removing or resigning; and in case of the death, removal or resignation of the president or other officer, the presiding officer shall convene the trustees in the same manner as the president is herein before directed, and the trustees, being met, shall proceed to the election of a president or other officer, in the same manner as prescribed at their annual election: Provided that such president, or other officer, shall only continue in office until the next annual election.

IX. And be it further enacted by the authority aforesaid, That the said trustees, 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 them shall seem necessary and convenient, for the better regulation, government, well ordering and directing themselves as trustees aforesaid, and the schools so to be established by virtue of this Act, 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 schools, and for the better managing and transacting all things necessary for and concerning the government of the same schools, and the same bylaws, rules and orders, to put in force and execution accordingly, and the same again at their will and pleasure to revoke, alter, change or annul; all which by-laws, rules and orders, so to be made as aforesaid, shall be binding on each and every of the trustees, and on all officers, professors and other persons by them employed, and on all students in the said schools, and shall be, from time to time, by each and eveiy of them, invariably and punctually observed, according to the tenor thereof, under the several pains, penalties and disabilities therein to be 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 United States.

X. And be it further enacted by the authority aforesaid, That seven of the said trustees, assembled together for that purpose, public notice of such meeting being given by the president or presiding officer, at least thirty days previous thereto, shall be capable in law of doing, executing, performing and carrying into effect all the powers, duties and authorities, by this Act vested in them.

XI. And be it further enacted by the authority aforesaid, That the said trustees shall be, and are hereby declared to be, escheators for the district of Orangeburgh, and that all the lands or other property which has already or shall hereafter escheat, in the district of Orangeburgh, not exceeding the value of twenty thousand dollars, shall be, and are hereby, vested in the said trustees, for the purposes aforesaid.

XII. And be it further ejiacted by the authority aforesaid, That the aforesaid trustees shall keep an accurate account of all their proceedings, in regard to the property hereby vested in them, which, whenever required so to do, they shall lay before the Legislature for their information.

XIII. And be it further enacted by the authority aforesaid, That this Act shall be deemed a public Act, and judicially taken of as such, without special pleading; and that the same shall or may be given in evidence, on any issue to be tried in any court of law in this State.

In the Senate House, the twenty-first day of December, in the year of our Lord one thousand seven hundred and ninety-eight, and in the twenty-third year of the Independence of the United States of America.

JOHN WARD, President of the Senate.
WM. JOHNSON, Jr., Speaker of the House of Representatives.



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