North Carolina - Acts on Education Topics

An Act to Incorporate the Olivia Raney Library.

1899 Private Laws: Chapter 65

Private Laws of the State of North Carolina Passed in 1899 - Pages 109-112.

The General Assembly of North Carolina do Enact:

Section 1. That Richard H. Battle, Joseph G. Brown, Joseph B. Oneshire, Jr., Bryan G. Cowper, Frank B. Dancy, John C. Drewry, William B. Grimes, Frank P. Haywood, Jr., Herbert W. Jackson, Wesley N. Jones, Matthias M. Marshall, Samuel F. Mordecai, Charles W. Raney, Richard B. Raney and Gustave Rosenthal and their successors, be and they are hereby created a body corporate by the name of the "Olivia Raney Library," and by that name may sue and be sued; may have a common seal, may acquire, receive and hold real estate to the value of thirty thousand dollars in the city of Raleigh, North Carolina, by purchase, gift, devise or otherwise, and may acquire, receive and hold personal property, money and choses in action to the value and amount of thirty thousand dollars by purchase, gift and bequest by will or otherwise; may sell, dispose of, lease and convey its real and personal property and estate under such circumstances as are provided for in this Act; may contract and be contracted with for the purposes provided in this Act, and as limited and restricted by this Act, and may make such by-laws for its government and the exercise of its powers and may alter the same from time to time as shall not be in conflict with the laws of this state and of the United States and not repugnant to this Act.

Sec. 2. The powers, purpose and duties of said corporation shall be as follows: To establish and maintain a free library for the use, without any charge whatever, of the white citizens of the city of Raleigh, and to that end said corporation may acquire real estate as is hereinafter provided, and construct and maintain thereon a suitable building or buildings for a library, and may let such portion or portions of such building or buildings as may be unnecessary for the library to other persons, and appropriate the rents and profits derived from such letting to the maintainance and current expenses of the library. And said corporation may apply the personal estate it may acquire as is hereinbefore provided to the proper furnishing, equipment and maintainance of the library, including current expenses of the corporation, and may invest its money in interest-bearing securities to such an extent as to provide a suitable income to defray the necessary expenses of maintaining said library; may extend the privileges of said library to white persons who may visit the city of Raleigh under such circumstances and with such reasonable regulations as the said corporation may prescribe in its by-laws; but no charge shall be made for the use of the said library by such visitors; may make from time to time reasonable regulations as to the use of the library and for the preservation of the books and other property of the corporation, and the maintainance of decency and order on the premises of the corporation.

Sec. 3. The members of the corporation, other than the treasurer, shall receive no compensation for their services.

Sec. 4. The corporation may employ a librarian, janitor, and such other employees and servants as it may deem essential, and pay their salaries and wages out of any funds of the corporation.

See. 5. The corporation shall not have the power to mortgage or incumber its property, nor shall it have the power to contract any debt exceeding five hundred dollars without the written assent of three-fourths of its members; nor shall its members and officers contract for the corporation in such manner that the aggregate of its outstanding indebtedness shall at any one time exceed one thousand dollars. It shall not have the power to sell and convey its real estate without the assent of the general assembly of this state.

Sec. 6. Whenever a vacancy shall occur in the membership of the corporation, such vacancy shall be filled by the election of another member by the remaining members. Any member may resign by tendering his written resignation to the president or vice-president. Any member may be removed for physical or mental incapacity by a vote of three-fourths of other members.

Sec. 7. The officers of the corporation shall be a president, a vice-president, a secretary and a treasurer (but the offices of secretary and treasurer may be filled and held by the same person), and an executive committee of five of the members. All of the said officers shall be elected at the first meeting of the members of the corporation, and those so elected shall hold their offices until their successors are duly elected. There shall, after the first meeting, be another regular meeting held on the third Thursday in December, eighteen hundred and ninety-nine, at which meeting the successors to the officers elected at the first meeting shall be elected, and thereafter the regular annual meeting of said corporation shall be held on the third Thursday of December in each and every year, at which meetings all of the officers of the corporation shall be elected; but if for any cause no election of officers or any one or more officers shall be had at any regular meeting, such election or elections may be held at any subsequent special meeting. All officers of the corporation shall hold their offices until their successors shall be duly elected. No one shall be eligible as an officer of the corporation except a member thereof.

Sec. 8. The first and all other meetings of the members of the corporation shall be held in the city of Raleigh, North Carolina. The first meeting shall be held at such time and place in said city as any three members may designate in written notices signed by them and delivered to each of the other members. The time and place in said city at which all subsequent annual meetings shall be held, and the times and places in the said city and upon what notice special meetings may be held, shall be fixed and regulated by the by-laws of the corporation.

Sec. 9. The president shall preside at the meetings of the corporation; shall sign all contracts on behalf of the corporation; shall be the custodian of the corporate seal and set the same to such instruments as the corporation may properly and legally direct to be executed by the corporation, and perform such other acts as he may be authorized and empowered to perform by the by-laws, or by resolution of the corporation.

Sec. 10. The vice-president shall perform all the duties of the president when the president shall be absent from a meeting or from the city of Raleigh.

Sec. 11. The secretary shall keep the records of the corporation and do such other acts as may be prescribed by the by-laws. The treasurer shall receive and disburse all the funds of the corporation under the direction of the executive committee, or as may be directed by the by-laws of the corporation, and do such other acts as the by-laws may prescribe. He shall be required to give bond in such amount as may be fixed by the corporation, and may be paid a reasonable salary or commission.

Sec. 12. The executive committee shall have general supervision and control of the affairs of the corporation and shall perform such duties as may be prescribed hy the by-laws of the corporation, but shall not have the power to do any act inconsistent with the other provisions of this Act, and the corporation at any regular or special meeting may take charge and control of any matter or matters which the executive committee would otherwise have under their control.

Sec. 13. No member of this corporation shall be liable personally or individually for any contract, obligation or other liability of any kind of the corporation.

Sec. 14. At all meetings of the corporation a majority of its members shall constitute a quorum.

Sec. 15. The general assembly being authorized by the constitution, article six, section five, to exempt from taxation property held for education, literary and charitable purposes, the property and estate which this corporation may acquire, hold and use according to the provisions of this Act, shall be exempted from all state, county and municipal taxation.

Sec. 16. The corporate existence of this corporation shall be one hundred years.

Sec. 17. Any person who shall wilfully deface, injure, mutilate or destroy the books, or works of art, or furniture of the corporation, shall be guilty of a misdemeanor, and upon conviction shall be fined or imprisoned in the discretion of the court.

Sec. 18. Any person who shall use indecent or profane language in the library room or rooms of the corporation, or who shall conduct himself in an indcent or boisterovis manner in such library room or rooms, or who shall wilfully and wantonly violate any reasonable rule of the corporation regulating the use of the library, shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding fifty dollars or imprisoned for thirty days.

Sec. 19. This Act shall be in force from and after its ratification.

Ratified the 15th day of February, A.D. 1899.

Daniel L. Russell, Jr., Governor
Charles A. Reynolds, Lt. Governor and President of the Senate
Henry Groves Connor, Speaker of the House of Representatives

State of North Carolina,
Office of Secretary of State,
Raleigh, April 28th, 1899.

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

Cyrus Thompson,
Secretary of State.



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