North Carolina - Acts on Education Topics

An Act to Incorporate Whitehead Academy.

1899 Private Laws: Chapter 197

Private Laws of the State of North Carolina Passed in 1899 - Pages 540-542.

The General Assembly of North Carolina do Enact:

Section 1. That Tyrell R. Caudill, Josh T. Fender, Henderson C. Cheek, Wiley P. Maxwell, John M. Wagoner, Thomas A. Fender, Fielden W. Cheek, Morgan U. Spicer, Isom Fender, Solomon M. Edwards, William L. Hoppers, John F. Watson, their associates and successors, are hereby constituted a body corporate by the name of the Whitehead Academy; and that they and all who shall be duly elected members of said corporation shall be and remain a body corporate by that name forever, and shall be the trustees of said academy, with power to contract and be contracted with, to sue and be sued; to acquire property by gift, grant, bequest, devise or otherwise, and hold and convey the same, whether real, personal or mixed; to have and use a common seal and alter the same at pleasure; to make and alter by-laws for the government of the corporation, its officers, agents and servants.

Sec. 2. The trustees of the said academy are hereby authorized to receive all the real estate, goods, chattels, choses in action and property of every description whatever which has heretofore been given, conveyed, purchased, bequeathed, devised or in any other way secured to the Whitehead Academy, with the interest and for the purpose of establishing and maintaining an institution of learning at Whitehead, North Carolina, at which place the institution shall remain permanently located; and all the said funds and estates, as well as all other property, real, personal and mixed, which may be received by them, of which the said corporation shall be seized and possessed, shall be free from taxation, and shall be appropriated for purposes connected with the institution in such a manner as shall most effectually promote virtue and piety and the gaining of useful knowledge.

See. 3. That trustees shall have power to effect [elect] a president of their body, a secretary, treasurer and such other officers as the interests of the institution may require, who shall hold their offices at the pleasure of the board; also a principal for the government of the academy, who shall be ex officio a member of the board of trustees, and such teachers and other officers of the said academy as they shall judge most for the interest thereof; and to determine the duties, salaries, responsibilities and tenures of their several offices, and to remove each or any of them when the interest of the academy shall require it; they shall have full power and authority to determine in what times and places the meetings shall be holden and the manner of notifying the trustees to convene at such meetings. And they are further empowered to purchase or erect and keep in repair such houses and other buildings as they shall judge necessary for the academy, and also to make and ordain, as occasion may require, reasonable rules, orders and by-laws not repugnant to the constitution and the laws of this state or of the United States, with reasonable penalties for the good government of said academy and for the regulation of their own body, and through the principal of the institution, to grant to such persons as maybe recommended by him and his associates a suitable certificate, which shall be signed by the principal of the academy and the president and secretary of the trustees, and shall have affixed thereto the seal of the academy.

Sec. 4. They shall have power to fill all vacancies which may occur in their own board by death, resignation or expiration of the term of office or other cause, and to elect additional members thereto; but the tenure of their office and the manner of their nomination and election and the number of which the board shall consist, also the number which shall constitute a quorum for the transaction of business, shall be determined by by-laws made by the trustees.

Sec. 5. The trustees shall maintain room and equipments for the teaching of all the public school funds that may be apportioned from time to time to the public school at Whitehead, North Carolina.

Sec. 6. The academy in all its departments shall be open to all white persons of suitable age and approved character, without distinction of sex, and no person shall be refused admission to or denied any of its privileges or honors on account of sex or the religious opinions which may be entertained; but any student may be suspended or expelled from the institution whose habits are idle or vicious or whose moral character is bad.

Sec. 7. That it shall be unlawful to sell or manufacture malt, spirituous or vinous liquors within one mile (air line) of said academy.

Sec. 8. That any person or persons violating the provisions of section seven of this Act shall be guilty of a misdemeanor, and upon conviction fined not more than fifty dollars or imprisoned not more than thirty days.

Sec. 9. That it shall be unlawful for any person or persons to sell or otherwise dispose of, directly or indirectly, to any student or students of Whitehead Academy malt, vinous, spirituous or any other intoxicating liquors, pistols or cartridges or any other weapon that is generally carried concealed.

Sec. 10. That any person or persons violating the provisions of section nine of this Act shall be guilty of a misdemeanor, and upon conviction fined not more than fifty dollars or imprisoned not more than thirty days.

Sec. 11. That all laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.

Sec. 12. That this Act shall be in force from and after its ratification.

Ratified the 6th day of March, 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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