Childsbury, South Carolina

An Act for Erecting a Free School at Childsbury

June 9, 1733

From "The Statutes at Large of South Carolina - Volume III," Pages 364-366:

WHEREAS, nothing conduces more to the private advantage of every man, or the public benefit of a country in general, than a liberal education, and the same cannot be had without due encouragement to persons qualified to instruct youth; and Mr. James Child, late of this Province, deceased, desiring as far as lay in his power to promote the same, did in and by his last will and testament, give and bequeath the sum of five hundred pounds current money of Carolina, towards the encouragement of a grammar school and other learning at Childsbury in St. John's parish, in Berkrley county; and also did further give, devise and bequeath the sum of one hundred pounds like money, and a lot to build a convenient house for the said school, and left the same to certain trustees in his said will named, to manage the same according to the directions of his will; and the said sums being far too short for the said purposes, several gentlemen, well weighing the great want of necessary learning in this Province, and being desirous to encourage so good an undertaking, (according to their several abilitys,) have by voluntary subscriptions raised the sum of two thousand two hundred pounds like current money, to be added to the legacy of the said James Child, and have also chosen trustees to be joined with those named in the said Mr. James Child's will, to manage the said sums for the use of the said school, and as visitors to order, direct and govern the said school ; we therefore humbly pray your most sacred Majesty that it may be enacted,

I. And be it enacted, by his Excellency Robert Johnson, Esq. Governour, by and with the advice and consent of his Majesty's honourable Council and the Commons House of Assembly of this Province, and by the authority of the same, That the said several sums given and bequeathed in and by the last will and testament of the said James Child, for the use of the said school, and the several sums raised by subscription for the same use, be for the future united and declared to be one individual fund for the purpose aforesaid, and that the same shall not be applyed or diverted to any other use or uses whatsoever.

II. And be it further enacted by the authoi ity aforesaid, That the honourable Thomas Broughton, Esq. Lieutenant Governour, the Reverend Mr. Thomas Hassell, Anthony Bonneau, John Harleston, Nathaniel Broughton, Thomas Cordes and Francis Lejau, Esquires, shall be trustees for the said school, and that they shall have full power and authority to manage the several legacys and subscriptions already given and made, and which shall from time to time hereafter be made, devised or given for the use of the said school, according to their discretion.

III. And be it further enacted by the authority aforesaid, That they, or the majority of them, shall have full power and authority to elect a master or masters, usher or ushers, and appropriate such a sum or sums for a salary or salarys out of the income of the said fund, as they shall think proper; and also the said master or masters, usher or ushers, to turn out, and others to elect; and to make such rules for the better ordering and governing the said school, as they or a majority of them shall in their discretion think necessary.

IV. And be it further enacted by the authority aforesaid, That the trustees are hereby impowered to receive trom time to time, such sum or sums of money, houses, lands, tenements, ur any other gifts or legacys, as any well disposed persons shall think fit to give or bequeath unto them for the use of the said school, and to build such house or houses as they shall think necessary and convenient.

V. And be it further enacted by the authority aforesaid. That no person shall be a trustee, except he hath subscribed an hundred pounds, and no person shall have a vote in electing trustees, except he hath subscribed fifty pounds for the use of the said school; and that after the death of any of the subscribers, their heirs or assigns by them appointed, shall have the same privileges as the subscribers themselves had, or of right ought to have.

VI. And be it further enacted by the authority aforesaid, That upon the death or resignation of any of the trustees, the survivors of them shall give notice to the subscribers, or to the heirs or assigns of such of the subscribers as shall be dead, within three months to meet at Childsbury, at a certain day, to elect another trustee in the place of the person deceased.

VII. And be it further enacted by the authority aforesaid, That the trustees or the majority of them, be obliged to meet at Childsbury once in three months at least, to consider of all things for the benefit of the said school, and that if any of them omit meeting for the space of one whole year, without a reasonable excuse, to be approved of by the rest of the trustees or the majority of them, that then it shall be lawful for them to declare his place to be vacant; and in such case they shall give notice to the subscribers to meet and elect another trustee in his room, as in case of death or resignation; and if the trustees shall neglect or refuse to summon the subscribers to meet within the time aforesaid to elect a trustee or trustees, that then the subscribers may meet and elect a trustee or trustees of their own accord, and the said person or persons so elected, shall be deemed to be a trustee or trustees, and have the same power and authority to act jointly with the others as those named in this Act.

VIII. And whereas, Francis Williams, late of Berkeley county, deceased, did in and by his last will and testament impower his executors to dispose of such sums as were remaining of his estate, to such charitable uses as they thought fit: his said executors have given the sum of two hundred pounds to the said school. Be it enacted by the authority aforesaid, That the interest of the said sum be appropriated to the teaching so many poor scholars as the trustees shall think proper.

IX. And be it further enacted by the authority aforesaid, That if any charitable person or persons, shall hereafter subscribe any sum or sums of money to the said school, or give the same by will, he or they so subscribing or giving (or their assigns by them appointed.) shall have the same privileges as those who have already subscribed, subject, nevertheless, to the exceptions in this Act mentioned.

X. And be it further enacted by the authority aforesaid, That the trustees above mentioned and their successors, are hereby impowered to lend the said moneys out at interest, and to take bonds or notes, or any other instruments of writing, and to purchase lands and let them out by the year or lease them for a term of years; and the said bonds, notes and other instruments of writing, shall be in the name of themselves and their successors, for the use of the said school; and they are hereby impowered to demand and sue for any rents, legacys, notes, bonds or any other moneys that are or shall hereafter become due unto them, and to take possession of any houses, lands or tenements which shall be given or bequeathed to them for the use of the said school.

PAUL JENYS, Speaker.
In the Council Chamber, 9th June, 1733.
Assented to: ROBT. JOHNSON.



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