North Carolina - Acts on Education Topics

An Act to Incorporate the Trustees of Saint Mary's School.

1897 Private Laws: Chapter 86

Private Laws of the State of North Carolina Passed in 1897 - Pages 140-142.

The General Assembly of North Carolina do enact:

Section 1. That Joseph Blount Cheshire, Jr., Alfred A. Watson, Francis J. Murdock, Julian E. Ingle, Charles E. Johnson, William A. Erwin, Robert Strange, Wharton J. Green, McNeely Dubose, Theo. F. Davidson, their associates and successors, be and they are hereby declared to be a body politic and corporate by the name and style of the the "Trustees of St. Mary's School" for the purpose of carrying on or causing to be carried on under their direction, authority and supervision, a school for the education of girls, and under that name and style they shall have perpetual succession and shall be capable in law to take, receive, hold and purchase lands, tenements and hereditaments of any value which may be granted, sold, devised or otherwise conveyed to said corporations, and shall also be capable in law to take, receive and possess all moneys, goods and chattels of any value and to any amount which may be given, sold or bequeathed to or for said corporation.

Sec. 2. That said corporation shall be capable in law to bargain, sell and convey any and all lands, tenements, hereditaments and personal property held and owned by the corporation when the grant, devise or other conveyances does not otherwise provide.

Sec. 3. That said corporation shall have power to make and establish such by-laws, rules and regulations for the government of said school as to them may seem proper and necessary, and as are not in conflict with the constitution and laws of this state and of the United States: Provided, the said corporation shall be under the jurisdiction, control and direction of the Protestant Episcopal Church in the state of North Carolina as represented by the bishops and legislative bodies of said church within the limits of the state of North Carolina, as is hereinafter more particularly specified.

Sec. 4. That said corporation may sue and be sued, plead and be impleaded in all the courts, and shall have the power to make and use a common seal, and to alter the same at pleasure.

Sec. 5. That the said trustees, omitting such as may hereafter be declared ex officio members, shall be divided into two classes of equal number, the first class to hold office three years from the first day of January, 1897, and until their successors shall have been appointed, and the second class shall hold office six years from the same date and until their successors shall have been appointed; and thereafter all terms shall be for three years. That at any time said trustees or their successors shall have power to add to their number: Provided, that the whole number of trustees, exclusive of ex officio members, shall not exceed sixteen; and any six of said trustees shall constitute a quorum for the transaction of business. That every bishop of the Protestant Episcopal Church exercising jurisdiction within the state of North Carolina shall be ex officio a member of said board of trustees. That when a vacancy shall occur by the resignation or death of a trustee, or by the expiration of his term as above limited, his successor shall be elected by the representative convention of that diocese or jurisdiction of said church in the state of North Carolina with which said trustee was connected. Upon the failure for one year of such body to elect a successor, the remaining trustees shall have power to fill the vacancy. Where an election to fill a vacancy caused by death or resignation is had, such new trustee shall hold only for the remainder of the term of his predecessor.

Sec. 6. That the said trustees shall have power to appoint their own president, secretary and treasurer, for such time as they may deem proper, and to elect such professors, tutors and other officers of the aforesaid school as they shall deem qualified to discharge the duties of their several offices and positions; may fix their terms of office, and may remove them for misbehavior, inability, neglect of duty, or other cause which shall be deemed advisable to said board of trustees, and do any and all things and acts usually given to literary institutions.

Sec. 7. That the said trustees shall hold their meetings from time to time, as often as may be necessary, and that said board of trustees shall make a report at least annually to the several bodies having power to fill vacancies.

Sec. 8. That the faculty of said school, with the advice and consent of the board of trustees, shall have power to confer all such degrees and marks of distinction as are usually conferred by colleges and universities.

Sec. 9. That the property, real and personal, belonging to and held by said corporation, shall be exempt from taxation.

Sec. 10. That the said "St. Mary's School" shall be located in Raleigh or in such other place in North Carolina as said trustees may determine.

Sec. 11. That in case for any cause said trustees should determine to abandon the trust imposed on them, all property belonging to them shall be devoted to such religious, charitable or educational purposes, as may be determined upon by the several representative bodies entitled to elect said trustees and fill vacancies as aforesaid, having respect, as far as practicable, to the proportions in which the several dioceses or jurisdictions have created said fund.

Sec. 12. This Act shall take effect from and after its ratification.

Ratified the 2d day of March, A.D. 1897.

Daniel L. Russell, Jr., Governor
Charles A. Reynolds, Lt. Governor and President of the Senate
A.F. Hileman, Speaker of the House of Representatives

State of North Carolina,
Office of Secretary of State,
Raleigh, April 28th, 1897.

I, Cyrus Thompson, Secretary of State, hereby certify that
the foregoing (manuscript) are true copies of the original acts
and resolutions on file in this office.

Cyrus Thompson,
Secretary of State.



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