North Carolina - Acts on Education Topics

An Act to Amend an Act Ratified the Twenty-Eighth of December, One Thousand Eight Hundred and Thirty-Three, Entitled "An Act to Amend an Act Entitled 'An Act to Establish a Literary and Manual Labor Institution, in the County of Wake,'" Passed in One Thousand Eight Hundred and Thirty-Three.

1874-75 Private Laws: Chapter LXXXIII

Private Laws of the State of North Carolina Passed in 1874-75 - Pages 547-550.
Click Here to view the January 13, 1834 Act, as amended below.

Section 1. The General Assembly of North Carolina do enact, That an Act ratified the twenty-eighth of December, one thousand eight hundred and thirty-three, and entitled "An Act to Amend an Act entitled an Act to Establish a Literary and Manual Labor Institution in the County of Wake," passed in one thousand eight hundred and thirty-three, shall be so amended as to read as follows: W. T. Brooks, T. H. Pritchard, J. M. Heck, J. H. Foote, W. T. Walters, A. McDowell, R. D. Graham, A. R. Vann, James Poteat, J. S. Purefoy, W. W. Vass, John Mitchell, G. R. French, J. D. Hufham, John Kerr, J. H. Mills, G. W. Thompson, Haynes Lennon, W. R. Gwathney, G. W. Blount, F. M. Jordan, W. H. Avera, G. W. Purefoy, M. L. Eure, J. C. Hiden, Peterson Dunn, R. R. Overby, J. C. Scarborough, R. H. Marsh, C. M. Cooke, B. G. Covington, J. G. Williams, William Turner, J. B. Richardson, C. J. Nelson, W. H. Mitchell, J. L. Stewart, and their successors, be and they are hereby declared to be a body politic and corporate for the purpose of educating youth, to be known and distinguished by the name and style of "The Trustees of Wake Forest College," and by this name and style they shall have perpetual succession and a common seal, and shall be able and capable in law to sue and be sued, plead and be impleaded in all the courts, and shall take, receive and possess all moneys, goods and chattels which may be given to them, and shall apply the same according to the wish of the donors to the purpose herein declared; and they shall have power, by purchase or otherwise, to take, demand, hold and possess rents and tenements in special trust and confidence, and apply the same together with the profits arising therefrom to the purpose of endowing and supporting said Wake Forest College; and they may purchase and hold for the purposes aforesaid such chattels and real estate as they may deem necessary, and may dispose of the same in promoting learning and virtue in the college aforesaid, situated in Wake Forest, in the county of Wake: Provided, That the amount of real and personal property held by the said trustees shall not at any one time exceed the sum of five hundred thousand dollars.

Sec. 2. That in the event of the death, resignation, refusal to act, or removal from the State of any of the trustees for the time being, then the remaining trustees shall have the power to fill the vacancies created.

Sec. 3. That if any one of the trustees shall fail to attend the meetings of the said trustees continuously for the time of three years, his seat is hereby declared to be vacated, and the said trustees are authorized to fill the same as in case of death, resignation, refusal to act or removal from the State.

Sec. 4. That the trustees shall have the power to remove any member of their board for improper conduct: Provided, That the cause thereof shall be entered on their journal; And provided further, That the accused shall have three months' notice of the procedure, and that a majority of two thirds of the members present shall be necessary to effect such removal.

Sec. 5. That the said trustees shall have the power to appoint their own president, secretary and treasurer, and such professors, tutors and other officers in and over said college as they shall deem qualified to discharge the duties of their several offices, and may remove the same for misbehavior, inability or neglect of duty; they shall moreover have power to make all necessary rules and regulations, not inconsistent with the laws of this State, for the government of said college.

Sec. 6. That the said trustees shall hold meetings from time to time as often as necessity may require, and nine trustees shall constitute a quorum for the transaction of all kinds of business.

Sec. 7. That the faculty of said Wake Forest College, by the advice and consent of the said trustees, shall have power to confer all such degrees and marks of literary distinction as are usually conferred by colleges and universities.

Sec. 8. That the lands and other property belonging to the said trustees for the benefit of said college shall be and the same are hereby exempted from all kinds of public taxation: Provided. That the amount of lands so exempted shall not exceed three hundred acres.

Sec. 9. That no license to retail any spirituous or intoxicating liquors at or within three miles from said college shall be granted; and if granted, the same shall be void.

Sec 10. That if any person shall sell, give or carry to any student or students of said college, at or within three miles from the site thereof, any spirituous or intoxicating liquor without special permission in writing from the faculty thereof, the same shall forfeit and pay the sum of one hundred dollars, to be recovered in any court of record, one-half to the use of the informant and the other half to the use of said college, and the offender shall moreover be guilty of a misdemeanor, and upon conviction thereof in the Superior Court of Wake County shall be fined at the discretion of the court.

Sec 11. That no person shall set up any billiard table, bowling alley or other contrivance for playing any game of chance, by whatever name it may be called, or exhibit any theatrical, sleight of hand, or equestrian performance, dramatic recitation, rope or wire dancing, or any natural or artificial curiosities at said college, or within one mile thereof, unless by permission in writing from the faculty thereof; and any person who shall offend herein shall forfeit and pay the sum of one hundred dollars, to be recovered in any court of record, one-half to the use of the informant and the other half to the use of said college.

Sec. 12. That all laws conflicting with any of the provisions of this Act be and they are hereby repealed.

Sec. 13. That this Act shall be in force for fifty years from and after the date of its ratification.

Ratified the 11th day of March, A.D. 1875.

Curtis H. Brogden, Governor
James L. Robinson, Speaker of the House of Representatives
Robert F. Armfield, Lt. Governor and President of the Senate

State of North Carolina,
Office Secretary of State,
Raleigh, May 15th, 1875.

I, William H. Howerton, Secretary of State, hereby
certify that the foregoing are true copies of the original
acts and resolutions on file in this office.

William H. Howerton,
Secretary of State.

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