North Carolina - Acts on Education Topics

An Act to Amend an Act Entitled "An Act to Incorporate Mars Hill College," Passed at the Session of 1858-59.

1860-1861 Private Laws: Chapter 73

Private Laws of the State of North Carolina Passed in 1860-61 - Pages 44-46.
Click Here to view the original 1859 Act, as amended below.

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. W. Anderson, T. S. Denver, E. Carter, T. W. Ray, P. Anderson, T. J. Rollins, E. S. Carter, G. D. Ray, J. A. Keeth, Robert Patterson, John Rodford, Stephen Ammons, John Ammons, J. W. Rooker, Sam'l Smith, D. G. Carter, T. D. Carter, J. C. James, L. W. James, B. B. Whittington, R. N. Edwards, E, Jervis, B. Duck, A. J. Cansler, T. B. Justice, J. C. Grayson, L. McCurry, A. M. Hawkins, N. Bowen, J. R. Duckworth, N. Edmonston, F. Stradley, W. M. Porter, John Parham, J. W. Dickson, Tilmore Blalock, D. Beane, and G. M. Green 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 "Mars Hill College," and by that name shall have succession and a common seal, and continue for the term of fifty years; and that the said trustees and their successors, or a majority of them, by the name aforesaid, 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 or devise, may take and hold to them, and their successors, any lands, rents, tenements and hereditaments of whatever kind, nature or quality soever, in special trust and confidence, that the sum and the profits thereof shall be applied to and for the use and benefit of said college, and the said trustees shall have such other powers and enjoy such other privileges and rights as are usually incident to corporate bodies of a like charter [character].

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 to which they may be entitled as aforesaid; and further, that the said trustees, or a majority of them, and their successors, for the term aforesaid, shall be able and capable to sue and be sued, plead and be impleaded, in all courts whatsoever, either of law or equity, of record or otherwise.

Sec. 3. Be it further enacted, That there shall not be less than thirty nor more than forty trustees for said college at any time, and that on the death, resignation, or refusal to act of any of the trustees for the time being, or the removal from office, by the concurrence of two-thirds of the trustees, for the neglect of duty or other cause, the vacancy so happening shall be filled by the Western North Carolina Baptist Convention, with the concurrence and approval of the said board of trustees and the trustees so appointed shall be vested with the same powers, rights, trust and authority as those appointed by this Act.

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

Sec. 5. Be it further enacted, That the whole amount of real and personal estate belonging to said college shall at no time exceed fifty thousand dollars in value.

Sec. 6. Be it further enacted, That it shall not be lawful for any person to erect, keep or maintain at Mars Hill College, or within four miles of Mars Hill College, in the county of Madison, any tippling house or establishment whatsoever for the management [manufacture] or sale of spirituous liquors, or wines, nor shall it be lawful for any person to sell any wines or spirituous liquors within four miles of said college.

Sec. 7. Be it further enacted, That any person or persons who shall violate the provisions of the sixth section of this Act, shall be deemed guilty of a misdemeanor, and may be prosecuted and punished as for other misdemeanors, in any court having cognizance thereof; and moreover shall be subject to a penalty of fifty dollars, to be sued for and recovered before any justice of the peace, in the county of Madison; one-half of said penalty to accrue to the person who shall sue for the same, the other half to the use and benefit of said college.

Sec. 8. Be it further enacted, That this Act shall be in force from and after its ratification.

Ratified the 20th day of February, 1861.

John W. Ellis, Governor
William T. Dortch, Speaker of the House of Commons
Henry Toole Clark, Speaker of the Senate

State of North Carolina
Office of Secretary of State, June, 1861.

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



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