North Carolina - Acts on Education Topics

An Act to Incorporate the Shaw University.

1874-75 Private Laws: Chapter CLIII

Private Laws of the State of North Carolina Passed in 1874-75 - Pages 693-699.

Whereas, On the third day of May, one thousand eight hundred and seventy, Elijah Shaw, of the State of Massachusetts, and certain other charitable disposed persons, purchased of Daniel M. Barringer, late of North Carolina, a tract or parcel of land situate, lying and being in the city of Raleigh, and procured the same to be conveyed to the said Elijah Shaw, J. S. Backees, E. Eagles, E. E. L. Taylor, L. W. Boone, James B. Simons and Peter F. Pescud, as trustees, upon the trust that said trustees shall hold and apply the land so conveyed to them for the uses and purposes of an educational institution, and the proceeds of the rental sales thereof shall be perpetually devoted to educational purposes, and that no pupil or pupils should ever be excluded from the benefits arising therefrom, or from the benefits arising from the rental or sale thereof, on account of race, color or previous condition of servitude; and upon the further trusts that the said trustees should apply to the General Assembly of the State of North Carolina as early as it might conveniently be done, for a charter or Act of incorporation creating and incorporating a literary institution to be called "The Shaw Collegiate Institute," and as soon as such charter or Act of incorporation was obtained, should convey the said land to the said corporation to be held by it in all respects upon the same uses and trusts as those upon which the said trustees had heretofore held it, or which will more fully and at large appear by the deed of conveyance from the said Barringer to the said trustees, bearing date the said third day of May, one thousand eight hundred and seventy, and registered in the register's office of Wake County, in book number thirty, at page one hundred and seventy-two;

And whereas, The said trustees, except E. E. L. Taylor, who has since deceased, have ever since the execution of said conveyance, accepted the same and held the said land upon the trusts aforesaid; and extensive buildings and improvements have been erected upon said land by the charitable contributions of other persons for advancing and promoting the interests of the educational institution provided for in said deed of trusts; and the said trustees now surviving or a majority of them, have applied to this General Assembly to incorporate "The Shaw University," and to vest in said corporation the land and improvements and personal property and effects now held by the said surviving trustees for the uses and purposes of the educational institution aforesaid; therefore,

Section 1. The General Assembly of North Carolina do enact, That Elijah Shaw, John Burleigh and Joseph G. Shedd, all of the State of Massachusetts; Jacob Esty, Levi K. Fuller and Mial Davis, all of the State of Vermont; George M. Moore, O. B. Grant and Elihu Larkins, of the State of Connecticut; Thomas H. Briggs, Richard Shepherd and Jack Yarborough, all of the State of North Carolina, and the treasurer, chairman of the executive board, and corresponding secretary, (and if there be two or more corresponding secretaries, the senior corresponding secretary, and if there be no corresponding secretary dejure, the acting corresponding secretary,) of "The American Baptist Home Mission Society," (a corporation created by the State of New York under an Act passed April twelfth, Anno Domini one thousand eight hundred and forty-three, and amended February ninth, Anno Domini one thousand eight hundred and forty-nine,) for the time being ex officio, and their associates and successors, be and they are hereby created and constituted a body politic and corporate by the name and style of "The Shaw University," for the purpose of founding, continuing, governing and in all respects managing, controlling one or more universities, colleges, academies or schools for persons of both sexes or either sex, without regard to their race, color or any previous condition of servitude, to be located in the city of Raleigh, in the State of North Carolina, on the land hereinbefore in the preamble of this Act referred to.

Sec. 2. The said corporation by its corporate name and style aforesaid shall have perpetual succession of officers and members, and shall be capable and liable to sue and be sued, plead and be impleaded in any court in this State; to have and use a common seal, and the same to change at will; to take and hold by gift, grant, bequest, devise, purchase or otherwise, estate and property, real, personal and mixed, to an amount not exceeding five hundred thousand dollars in value in the whole, and not exceeding in land three hundred acres in extent, and to use and dispose of the same for the benefit of said corporation where the will of the donor does not prohibit it; and to make such by-laws, rules and regulations not repugnant to the constitution and laws of this State or of the United States, for the government and control of the corporation and the one or more universities, colleges, academies and schools aforesaid, as it may deem necessary and proper, and to do all other acts and have all other rights, privileges and powers usually done or used and exercised by corporations of like character with this.

Sec. 3. As soon as this charter shall have been accepted by the corporators hereinbefore specified, and the corporation hereby created shall have been organized in the manner hereinafter provided, the said corporation shall be and it hereby is absolutely vested with all the real estate specified in the beforementioned deed of the third of May, one thousand eight hundred and seventy, and with all the other estate and property, real, personal and mixed, and effects and interests of what nature or kind soever now held and used by the surviving trustees named in said deed, for the benefit, use and purposes of the educational institution provided for in said deed, and if for any reason this Act shall be ineffectual to convey and transfer the said estate, property and effects to the corporation hereby created, then the said corporation shall have power and authority to institute an action in the Superior Court of Wake County against the trustees named in said deed, or the survivors of them or their successors in office, to compel the conveyance and transfer of said estate, property and effects to said corporation by said trustees, and the survivors of them and their successors in office are hereby required to convey and transfer to said corporation the said estate, property and effects, and the said corporation is hereby authorized and empowered to take and receive from them and hold the said estate, property and effects for the use and benefit of "The Shaw University," upon the uses and trusts specified in said deed of the third of May, one thousand eight hundred and seventy, which said uses and trusts so specified in said deed shall forever be held and deemed the fundamental law of said corporation.

Sec. 4. The powers, privileges and authority granted by this charter, and the general government and the control of the Shaw University shall be held and exercised by fifteen trustees, of whom the treasurer, chairman of the executive board, and corresponding secretary, and if there be two or more corresponding secretaries, the senior corresponding secretary, (and if there be no corresponding secretary de jure, the acting corresponding secretary,) of the "American Baptist Home Mission Society" aforesaid, for the time being shall, ex officio, at all times be three, and the first board of trustees shall consist of the fifteen persons hereinbefore in the first section of this Act specified. The said board of trustees shall have power to create an executive board, consisting of five of their number, which executive board shall have authority to transact all the ordinary business of the corporation, except the purchase or conveyance of real estate, the investment of funds, the appointment or removal of officers and teachers, and fixing their salaries, but the said board of trustees are not required to create or appoint such executive board unless they see fit so to do in their sound discretion.

Sec. 5. The corporators mentioned in the first section of this Act, who are officers of the American Baptist Home Mission Society aforesaid, or acting as such officers, shall call the first meeting of the corporation, and the board of trustees hereby appointed, at such time, within one year after the ratification of this Act, and at such place within the United States as they think proper, by giving notice to the other trustees of the time, place and objects of such meeting, in writing, at least fifteen days before the same is held; and at said meeting the said trustees shall signify their acceptance or rejection of this charter, and if they accept the same, shall organize the corporation hereby created, and after such organization shall have power to transact all business, make rules and regulations, choose officers and prescribe their duties and terms of office, appoint times and places for holding annual and other meetings for the benefit of said corporation, create and appoint an executive board, as hereinbefore indicated, and use and exercise all the other rights, privileges and powers herein and hereby conferred upon the "Shaw University," and at that and all other regular meetings of the trustees, duly notified in a manner to be prescribed by the by-laws of said corporation, eight members shall constitute a quorum for the transaction of all business.

Sec. 6. The said corporation shall have power to perpetuate its existence, by the election of new members to fill vacancies caused by death, resignation or otherwise, or to succeed those whose term of office shall have expired; and that the above named twelve trustees, who are not such ex officio, as officers of "The American Baptist Home Mission Society,'' shall, at the first meeting hereinbefore provided for be divided by lot into three classes, each class consisting of four persons; and the first class shall vacate their office at the end of one year from the time appointed, set and determined by the corporation, in the by-laws, rules and regulations which it shall adopt; the second class shall vacate their office in two years from the time thus appointed, set and determined, and the third class shall vacate their office in three years from the time thus appointed, set and determined; and their successors shall each and all hold their offices for the term of three years from the time of their election at any meeting regular warned and held for that purpose, according to the by-laws, rules and regulations which the said corporation may adopt.

Sec. 7. The said corporation shall hold, possess and use all such lands, rents, tenements, hereditaments, moneys, goods, chattels and effects of what kind, nature or quality soever, the same may be, to which it may at any time, or in any manner, become entitled, in special trust and confidence, for the purpose of founding, establishing or endowing, the one or more universities, colleges, academies or schools hereinbefore provided for at the site hereinbefore selected and appointed for the same in the city of Raleigh, to be conducted upon the scheme indicated by the aforesaid deed of the third of May, one thousand eight hundred and seventy, and all such lands, rents, tenements, hereditaments, moneys, goods, chattels and efiects, so held and used by said corporation for the purposes, and upon the trusts aforesaid, and so long as they shall be so held and used, and no longer, shall be exempt from all taxes, rates and assessments for State, county or city purposes, or for any other purpose whatever: Provided, That the same shall not exceed the sum of two hundred thousand dollars.

Sec. 8. The trustees of said corporation shall and may, as often as they see proper, according to rules by them to be prescribed, elect out of their number a president of the board of trustees, and a treasurer and secretary of said board; they shall have authority to appoint, either out of their own number or otherwise, as they shall see fit, all such officers to continue in office for such time, and to be succeeded by others in such manner as the said trustees shall direct; and they shall also have power to appoint ond remove a president, professors and teachers, or either or any of said officers, for any and all universities, colleges, academies or schools, existing, founded, continued or conducted, under and by virtue ot this charter.

Sec. 9. The president, professors, teachers and scholars of any and all universities, colleges, academies or schools which exist or shall be created by virtue of this charter shall be at all times exempt from militia duty, (except in time of war or insurrection), and also from the duty of working upon the public roads.

Sec. 10. The faculty of any college which may exist or be created by virtue of this charter, that is the president and professors of any such college, by and with the consent of the board of trustees of "The Shaw University," shall have power to confer all such degrees or marks of literary distinction as are usually conferred in colleges or universities in the United States.

Sec. 11. This Act shall be in force from and after its ratification.

Ratified the 19th 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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