North Carolina - Acts on Education Topics

An Act to Incorporate the Trustees of the Morganton Academy, in Burke County.

1844-1845 - Private Acts - Chapter I

Laws of the State of North Carolina Passed in 1844-1845 - Pages 143-145.

Be it enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the anthority of the same, That Robert C. Pearson, Dr. W. C. Tate, William C. Erwin, Tod R. Caldwell, Thomas G. Walton, Burgess S. Gaither, David Corpening, William W. Avery, William L. McRee, Edward J. Erwin, Clarke M. Avery, J. J. Erwin, John W. Puett, Alexander Duckworth, Gabriel Presnell and Robert H. Erwin, shall be, and they are hereby declared to be, a body politic and corporate, to be known and distinguished by the name and style of the "Trustees of the Morganton Academy," and by that name shall have succession, and a common seal; and that they the said trustees and their successors, by the name aforesaid, or a majority of them, shall be able and capable in law, to take, demand, receive and posess all monies, goods and chattels and choses in action, that shall be given them for the use of the said Academy, and the same apply according to the will of the donors; and by gift, purchase and device, to take, have, hold, possess, enjoy and retain to them and their successors forever, any lands, rents, tenements and hereditaments of what kind, nature, or quality soever, in special trust and confidence, that the same, and the profits thereof shall be applied to and for the use and purpose of endowing the said Academy.

Sec. II. And be it further enacted, That the said Trustees and their successors, or a majority of them, by the name aforesaid, shall be able and capable in law to bargain and sell, giant, demise, alien, convey and assure to the purchaser or purchasers of any such lands, rents, tenements and hereditaments aforesaid, where the condition of the grant to them or the will of the testator or devisor does not forbid it; and further, that they, said Trustees, and their successors forever, 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 all Courts whatever, either in law or Equity, of record or otherwise; and in general they may do all such other acts and things as are usually done by bodies corporate for the purpose of effecting the objects of this Act.

Sec. III. And be it further enacted, That on the death, resignation, refusal to act, or removal out of the State of any of the Trustees for the time being, the remaining Trustees or a majority of them, are hereby authorized and required to elect and appoint other Trustees in the place of every such one as shall so die, resign, refuse to act or remove out of the State, which Trustee so appointed, shall be vested with the same power, trust and authority as the one in whose stead he shall be so appointed, would have had in case he had lived and continued to act.

Sec. IV. Be it further enacted, That the title to all the lands and lots in the Town of Morganton (except the Public Square and the lot upon which the Jail is built belonging to the public,) shall vest in said trustees and their successors in office, for the sole purposes of education; and the said trustees and their successors in office are hereby fully authorized and empowered to take possession of the academy in said town, and exercise exclusive control over the same, for the purposes aforesaid.

Sec. V. Be it further enacted, That the said trustees, or their successors, or a majority of them, may from time to time appoint their own president, secretary and treasurer, and such professors and tutors for said academy as to them may appear necessary and proper, whom they may remove for misbehavior, inability or neglect of duty. They may make all such bye-laws and regulations, for their own government and that of the academy, for the preservation of order and good morals therein, as are usually made in such seminaries, and as to them may appear expedient, provided the same are not inconsistent with the constitution and laws of this State, or of the United States.

Ratified the 7th day of January, 1845.

William Alexander Graham, Governor
Edward Stanly, Speaker of the House of Commons
Burgess S. Gaither, Speaker of the Senate

Secretary of State's Office, April 1845

I, William Hill, Secretary of State in and for the State of North Carolina,
do hereby certify that the Acts and Resolutions contained in this Pamphlet
are true copies of the original Acts and Resolutions passed by the General
Assembly of this State, at its late session.

William Hill, Secretary of State



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