North Carolina - Acts on Education Topics

An Act to Establish a Seminary of Learning in the County of Montgomery, at or Near the Town of Henderson.

1797 - Chapter XLVII

The Laws of North Carolina of 1797 - Page 18

I. Be it enacted by the General Assembly of the state of North Carolina, and it is hereby enacted by the authority of the same, That Richard Harris, Carey Pritchard, Ambrose Parker, John Atkins, and John Smith, be and they are hereby constituted and appointed Trustees to superintend the government of a seminary of learning at or near the town of Henderson, in the county of Montgomery; and with full power and authority to receive all donations, gifts or gratuities which may be given to them as such, for the purpose of erecting and supporting the said seminary, hereby constituted by the name of Stokes. And the said Trustees and their successors, shall be able and capable to ask for, demand and receive, likewise to sue for and to recover from all persons, any sum or sums of money, or other property, which may come to them by sucscription or otherwise; and in their capacity as such they may sue and be sued, plead and be impleaded, in any court of record within this state. And the monies when received, to be applied by the said Trustees, or a majority of them, towards defraying the expenses of building and employing a tutor or tutors, and for every other purpose which they may deem necessary for the advancement of the said seminary of learning.

II. Be it further enacted, That the Trustees aforesaid, or a majority of them, (who in all cases are hereby constituted a quorum) shall fix on some healthy situation, at or near the said town of Henderson, for the purpose of erecting buildings for the benefit of said seminary of learning; and may purchase lands in their own name, which lands when purchased, shall be veiled in fee to them and their successors forever.

III. Be it further enacted, that if any of the Trustees appointed by this Act, shall die, remove or refuse, a majority of those remaining shall have full power and authority to appoint other or others in the room of him or them so removing, dying or refusing; and him or them so appointed shall be inveiled with all the powers and authorities incident to his office, in as full and ample manner as if named within this Act. And the Trustees when convened in their capacity as such, shall be inveiled with all the powers and authorities as any bodies politic of like nature have a right to use or exercise; they may appoint a tutor or tutors, and such other officers as they may deem necessary; and in all cases whatsoever, shall have full power and authority to make and ordain rules and regulations for the government of said seminary, as to them may appear proper for the promotion of learning and virtue; which shall be binding in all intents and purposes as if mentioned within this Act. Provided, That such rules and regulations made, be not repugnant to the constitution or laws of this state.

IV. And be it further enacted, That the Trustees appointed by virtue of this Act, or a majority, shall convene annually on the fifteenth day of July, or at any other time they may think convenient, for the purpose of carrying this Act into effect; any thing to the contrary nothwithstanding.

Read three times and ratified in General Assembly,
the 23rd day of December, 1797
James Glasgow, Secretary

Benjamin Smith, S.S.
M. Matthews, S.H.C.



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