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Copy [session of ]
An act to establish a University in this State.
WHEREAS, in all well regulated governments, it is the indispesable duty of every legislature to consult the happiness of a rising generation, and endeavor to fit them for an honorable discharge of the social duties of life, by paying the strictest attention to their education: And, Whereas, a university, supported by permanent funds, and well endowed, would have the most direct tendency to answer the above purpose:
1. Be it therefore enacted, &c., That Samuel Johnston, James Iredell, Charles, Johnson, Hugh Williamson, Stephen Cabarrus, Richard Dobbs Spaight, William Blount, Benjamin Williams, John Sitgreaves, Frederick Harget Robert W. Snead, Archibald Maclaine, Honorable Samuel Ashe, Robert Dixon, Benjamin Smith, Honorable Samuel Spencer, John Hay, James Hogg, Henry William Harrington, William Barry Grove, Reverend Samuel M'Corkle, Adlai Osborne, John Stokes, John Hamilton, Joseph Graham, Honorable John Williams, Thomas Person, Alfred Moore, Alexander Mebane, Joel Lane, Willie Jones, Benjamin Hawkins, John Haywood, senior, John Macon, William Richardson Davie, Joseph Dixon, William Lenoir, Joseph McDowell, James Holland, and William Porter, Esquires, shallbe and they are hereby declared to be a body politic and corporate, to be known and distinguished by the name of "The Trustees of the University of North Carolina," and by that name shall have perpetual succession, and a common seal; and that they, the trustees and their successors, by the name aforesaid, or a majority of them, shall be able and capable in law to take, demand, recieve and possess all moneys, goods and chattels that shall be given them, for the use of the said university, and the same applying according to the will of the donors, and by gift, purchase or devise to take, have, recieve, possess, enjoy and retain to them their succes-
sors forever, any lands, rents, tenements and heriditaments, of what kind, nature or quality soever the same may be, in special trust and confidence, that the same or the prof- its therof, shall be applied to and for the use and pur- poses of establishing and endowing the said University.
2. And be it enacted, That the said trustees and their successors, or a majority of them, by the name aforesaid, shall be able and capable in law to bargain, sell, grant, demise, alien or dispose of, and convey and assure to the purchases, and such lands, rents, tenements and hereditaments aforesaid, when the conditions of the grant to them, or the will of the devisor, does not forbid it. And further, that they, the said trustees, and their successors forever, or a majority of them, shall be able and capable in law, by the name aforesaid, to sue and implead, be sued and impleaded, answer and be answered, in all courts of record whatsoever; and they shall have power to open and recieve subscriptions, and in general, they shall and may do all such things as are usually done by bodies corporate and politic, or such as may be necessary for the promotion of learning and virtue.
3. And be it further enacted, That the said trustees, in order to carry the present act into effect, shall meet at Fayetteville, on the third Monday in the session of the next General Assembly, at which time they shall choose a president and secretary; and shall then fix the time of their next annual meeting; and at every annual meeting of the trustees, the members present, with the president and treasurer, shall be a quorum to do business, or a majority of the members, without either of those officers, shall be a quorom; but at their first meeting as above directed there shall be at least fifiteen of the above trustees present, in order to proceed to business; and the trustees at their annual meeting may appoint special meetings within the yeat; or in case unfore-
seen accidents shall render a meeting necessary, the secretary by order of the president and any two of the trustees, signified to him in writing, shall by particular notice to each trustee, as well as by an advertisement in the State Gazette, convene the trustees at the time proposed by the president; and the members thus convened shall be a quorum to do any business except the appointment of a president or professors in the university, or the disposal or appropriation of moneys; but in the case of the death or resignation of the president or any professor, the trustees thus convened may supply the place until the next annual meeting of the board of the trustees, and no longer; and the meeting at which the seat of the said university shall be fixed, shall be advertised in the Gazatte of this State at least six months, and notice in manner aforesaid to each of the trustees of the of the objects of the said meeting.
4. And be it further enacted, That the trustees shall elect and commission some person to be treasurer for the said university during term of two years; which treasurer shall enter into bond with sufficient securities to the governor, for the time being, in the sum of five thousand pounds, conditioned for the faithfil discharge of his office, and the trust reposed in him; and that all moneys and chattels belonging to the said corporation that shall be in his hands at the expiration of his office shall then be immediately paid and deliverd into the hands of the succeeding treasurer; and every treasurer shall recieve all moneys, donations, gifts, bequests and charities whatsoever, that may belong or accrue to the said university during his office, an dat the expiration thereof shall account with the trustees for the same, and the same pay and deliver over to the succeeding treasurer; and on his neglect or refusal to pay and deliver as aforesaid, the same method of recovery may be had against him.
as is or may be provided for the recovery of moneys from sheriffs or other persons chargeable with public moneys; and the treasurer of the university shall cause annually to be published in the State Gazette, for the satisfaction of the subscribers and benefactors, a list of all moneys and other things by him received for the said university, either by subscription, legacy, donation or otherwise, under the penalty of one hundred pounds, to be recovered at the suit of the attorney general, in the name of the governor for the time being, in any court of record having cognizance thereof; and the moneys arising from such penalties shall be appropriated to the use of the said university.
5. And be it further enacted, That the said trustees shall on no event or pretence whatsoever, appropriate or make use of the principal of the moneys by them received on subscription, but such principal shall be and remain as a peramnent fund for the use and support of the said university forever.
6. And be it further enacted, That when the trustees shall deem the funds of the said university adequate to the purchase of a necessary quantity of land and erecting the proper buildings, they shall direct a meeting of the said trustees for the purpose of fixing on and purchasing a healthy and convenient situation, which shall not be situate within five miles of the permanent seat of government, or any of the places of the holding the courts of law or equity; which meeting shall be advertised at least six months in some gazette in this state, and at such superior courts as may happen within that time.
7. Be it further enacted. That the trustees shall have the power of appointing a president of the university, and such professors and tutors as to them shall appear necessary and proper, whom they may remove for misbehavior, inability or neglect of duty; and they shall have the power to make all
such laws and regulations for the government of the university, and preservation of order and good morals therein, as are usually made in such seminaries, and as to them may appear necessary; provided, the same are not contrary to the unalienable liberty of a citizen, or to the laws of the state. And the faculty of the University, that is to say, the president and professors, by and with the consent of the trustees, shall have the power of conferring all such degrees, or marks of literary distinction, as are usually conferred in colleges or universities.
8. And be it further enacted, That every person, who within the term of five years, shall subscribe ten pounds towards this university, to be paid within five years, at five equal annual payments, shall be entitiled to have one student educated at the university, free from any expense of tuition.
9. And it be futher enacted, That the public hall of the library and four of the colleges, shall be called severally by the names of one or another of the six persons, who shall within four years contribute the largest sum towards the funds of this university, the highest subscriber or donor having choice in the order of their respective donations. And a book shall be kept in the library of the university, in which shall be fairly entered the names and places of residence of every benefactor to this seminary, in order that posterity may be informed as to whom they are indebted for the measure of learning and good morals that may prevail in the state.
Passed at the session of .