North Carolina - Acts on Education Topics

An Act to Amend an Act Amended at the Session of Eighteen Hundred and Sixty and Eighteen Hundred and Sixty-One, Passed at the Session of Eighteen Hundred and Fifty-Eight and Eighteen Hundred and Fifty-Nine, to Incorporate Mars Hill College in the County of Madison.

1893 Private Laws: Chapter 112

Private Laws of the State of North Carolina Passed in 1893 - Pages 157-159.
Click Here to view the February 16, 1859 Act, as amended by the following.
Click Here to view the February 20, 1861 Act, as amended below.

The General Assembly of North Carolina do enact:

Section 1. That P. M. Hudgins, J. C. Pritchard, John Ammons, T. M. Honeycutt, J. R. Sams. W. P. Jervis, L. C. Huff, Wm. Bryan, L B. Ramsay, J. F. Tilson, W. C. Sprinkle, James A. Ramsay, J. B. Sprinkle, J. P. Sams, H. J. Carter, W. M. Jervis, John Briggs, W. T. Bradley, G. M. Hackler, T. J. Murray, T. M. Hufham, John W. Anderson, George W. Anders, W. O. Connor and J. H. Metcalf 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 "Mars Hill College," and by that name shall have succession and a common seal, and continue for the term of ninety-nine 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, tenements, rents and hereditaments of whatever kind, nature or quality soever in special trust and confidence that the sum and 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 corperate bodies of a like character.

Sec. 2. 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 the purchasers 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 or record or otherwise.

Sec. 3. That there shall not be less than five nor more than twenty-five trustees for said college at any time; and that on the death or resignation or refusal to act of any of the trustees for the time being, or 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 said board of trustees; and the trustees so appointed shall be vested with the same powers, rights, trusts and authority as those appointed by this Act.

Sec. 4. 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. That the whole amount of real and personal estate belonging to said college shall not exceed one hundred and fifty thousand dollars in value.

Sec. 6. That it shall not be lawful for any person to erect, keep, or maintain at Mars Hill College, or within three miles of said college, in the county of Madison, any tippling house or establishment or place whatsoever for the manufacture or sale of spirituous liquors or wines; nor shall it be lawful for any person to sell any wines or spirituous liquors within two miles of said college.

Sec. 7. Any person or persons violating the provisions of section six shall be guilty of a misdemeanor.

Sec. 8. That this Act shall be in force from and after its ratification, and all laws and clauses of laws relating to Mars Hill College not contained in this Act are hereby repealed.

Ratified the 25th day of February, A.D. 1893.

Elias Carr, Governor
Rufus A. Doughton, Lt. Governor and President of the Senate
Lee S. Overman, Speaker of the House of Representatives

State of North Carolina,
Office Secretary of State,
Raleigh, June 13, 1893.

I, Octavius Coke, Secretary of State, hereby certify that the fore-
going are true copies of the original public acts and resolutions on
file in this office.

Octavius Coke,
Secretary of State.

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