North Carolina - Acts on Education Topics

An Act Incorporating Morganton Academy.

1823 - Chapter CXXXII

Acts Passed by the General Assembly of the State of North Carolina 1823 - Pages 85-86.

Whereas there has been for some years an academy existing at Morganton, with a flourishing male and female school attached to it; and whereas said academy has heretofore been managed only as a private school, although considerable funds have been given and granted to it, both by private donations and Acts of the legislature of this state, without incorporating said academy:

Be it therefore enacted by the General Assembly of the state of North Carolina, and it is hereby enacted by the authority of the same, That Thomas Walton, Doctor Thomas Bouchett, John Caldwell, David Tate, Senr., Adolphus L. Erwin, James Erwin, Doctor Samuel Tate, Isaac T. Avery, John M. Greenlee, Charles McDowell, William G. Dickson, and James Murphey, be, and they are hereby declared to be a body politic and corporate, to be known and distinguished by the name of "The President and Trustees of the Morganton Academy," and by that name shall have perpetual succession and a common seal; and that they the said president and trustees, and their successors in office, by the name aforesaid, or a majority of them, shall be capable in law and equity, to take, demand, receive and possess, all monies, goods and chattels, that shall he given to them for the use of said academy, and to apply the same according to the will of the donor, and by purchase or devise to take, have, receive, possess, enjoy and retain to them, and their successors forever, any lands, rents, tenements and hereditaments, of what kind, nature or quality soever the same may be, in special trust and confidence that the same, or the profits thereof, shall be applied to and for the use and purpose of said institution. And that they the said president and trustees aforesaid, when organized as hereinafter directed, shall have power to take, demand, sue for and recover, receive and possess, all monies, goods and chattels, lands and tenements, that shall or may have been given or subscribed to said institution befoire this Act of incorporation, to be by them held and applied as aforesaid.

II. And be it further enacted, That the said president and trustees, or a majority of them, shall meet in the said academy in Morganton, on the fourth Monday in January next, and if accidents prevent such meeting, then at any time subsequent to that period, on giving five days notice, and when met, shall appoint out of their own body, a president, secretary and treasurer, to whom they may give competent salaries, when they shall record their proceedings, which record is to be made and kept by the secretary, and to make by-laws for the government of said institution; and shall further fill such vacancies as may be occasioned by the death, removal, refusal or neglect to act of any one or more of said trustees.

III. And be it further enacted, That the said president and trustees, and their successors, or a majority of them, by the name aforesaid, shall be able and capable in law, to bargain and sell, alien, enfeoff and convey and dispose of, and assure to the purchaser or purchasers, such lands, rents, tenements, and hereditaments aforesaid, when the condition of the grant to them, or the will or deed of the devisor or donor does not forbid it. And that the said trustees, and their successors, or a majority of them, shall be able and capable in law, by the name aforesaid, to sue and be sued, plead and be impleaded, in any court within this state, and to do and perform all such acts and things as are incident to, or usually exercised by bodies politic and corporate, not inconsistent with the laws of this state.

IV. And be it further enacted, That this Act shall be in force from and after the ratification thereof.

Read three times and ratified in General Assembly
this 31st day of Dec. 1823

Gabriel Holmes, Governor
Alfred Moore, Speaker of the House of Commons
Bartlett Yancey, Speaker of the Senate

A true copy - William Hill, Secretary



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