North Carolina - Acts on Education Topics

An Act to Incorporate the Transmontane College, in the County of Madison.

1858-1859 Private Laws: Chapter 80

Private Laws of the State of North Carolina Passed in 1858-59 - Pages 74-77.

Section 1. 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 J. M. Laura, John Reeves, Rev. Ralph Potty, J. W. Reeves, Jacob Glance, George D. Roberson, Melly Reeves, Alexander Roberson, John W. Wells, T. W. Askew, L. A. Ducket, W. F. Parker, John Roberson, Josiah Askew, and Coley Cowel, 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 "Transmontane College;" and by that name shall have succession, and continue for the term of fifty years, and a common seal; and that the said trustees and their successors, hy the name aforesaid, or a majority of them shall be able and capable in law to receive and possess all moneys, goods and chattels, and choses in action, that shall be given them for the use of the college; and by gift, purchase and devise, to take and hold to them and their successors, any lands, rents, tenements and hereditaments of what kind, nature or quality soever, in special trust and confidence, and the same, and the profits thereof, shall be applied to and for the use and benefit of said college; and that said trustees shall have such other powers, and enjoy such other rights as are usually incident to corporate bodies.

Sec. 2. Be it further enacted, That the said trustees or their successors, or a majority of them by the name aforesaid, shall be able and capable in law to bargain and sell, and convey to the purchaser any such lands, rents, tenements and hereditaments aforesaid; and further that they, the said trustees or a majority of them, and their successors, for the term aforesaid, shall be able and capable in law to sue and be sued, plead and be impleaded in all courts whatever, either in law or equity, of record or otherwise.

Sec. 3. Be it further enacted, That there shall not be less than fifteen nor more than thirty in number of the trustees at any time for said college; and that on the death, resignation or refusal to act of any of the trustees for the time being, or the removal of any one from office, by the concurrence of two-thirds present, for the neglect of duty, or other cause, the vacancy so happening shall be filled by the appointment of other trustees to be made by the said board, a majority being present, which trustees so appointed, shall be vested with the same power, trust and authority as the others.

Sec. 4. Be it further enacted, That the said trustees and their successors, or a majority of them present, shall have the power of appointing a president, and such professors and tutors as to them shall appear necessary and proper for said college, whom they may remove for misbehavior, inability or neglect of duty, and may from time to time make such by-laws and regulations for their own government and that of the college as to them may appear expedient: Provided, That the same are not inconsistent with the constitution or laws of the State: Provided, further, That if a majority of said trustees shall not convene for the purpose aforesaid, it shall and may be lawful for five of said trustees and their successors to form a quorum to do business, and may from time to time make necessary by-laws and regulations.

Sec. 5. Be it further enacted, That any real estate over and above three hundred acres, which may be needed for the erection of convenient buildings on the same, or which may be acquired by donation or purchase for the benefit and objects of this institution shall be subject to taxation as now or hereafter may be directed by law.

Sec. 6. Be it further enacted, That the faculty of said college, that is to say, the president, professors and teachers by and with the consent of the trustees, shall have the power of conferring all such degrees or marks of literary distinction as are usually conferred in colleges and seminaries of learning.

Sec. 7. Be it further enacted, That the whole amount of real and personal estate belonging to said college shall not at any one time exceed in value twenty-five thousand dollars.

Sec. 8. Be it further enacted, That it shall not be lawful for any person to erect, keep or mamtam at Transmontane College, or within three miles of Transmontane College, in the county of Madison, any tippling house or houses, or establishment whatsoever for the sale of wines or spirituous liquors, nor shall it be lawful for any person to sell any wines, spirituous or malt liquors within three miles of said Transmontane College.

Sec. 9. Be it further enacted, That any person violating any of the provisions of this Act shall be considered guilty of a misdemeanor, and may be prosecuted in any court having cognizance thereof; and moreover subject to a penalty of ten dollars, to be recovered on a warrant before any justice of the peace, one-half to the person warranting for the same, and the other to the common school fund for said county.

Sec. 10. Be it further enacted, That this Act shall take effect and be in force from and after its ratification.

Ratified the 17th day of February, 1859.

John W. Ellis, Governor
Thomas Settle, Jr., Speaker of the House of Commons
Henry Toole Clark, Speaker of the Senate

State of North Carolina
Office of Secretary of State, April, 1859.

I, Rufus H. Page, 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.

Rufus H. Page, Secretary of State



© 2017 - J.D. Lewis - PO Box 1188 - Little River, SC 29566 - All Rights Reserved