Newhanover County NcArchives Court.....Innes Academy, Act To Establish 1783
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Source: General Assembly
Written: 1783

Acts of the North Carolina General Assembly, 1780
North Carolina. General Assembly
April 17, 1780 - May 10, 1780
Volume 24, Pages 314-343

CHAPTER XXXIX.

[Ratified 1783]

An Act to amend an Act, entitled "An Act for the Promotion of Learning in the 
District of Wilmington."

Whereas an act for the promotion of learning in the district of Wilmington, 
made and ratified at Hillsborough, the seventeenth day of May, one thousand 
seven hundred and eighty-three, is in many respects defective, and several of 
the Trustees therein named being dead or left the state, and the remainder 
being a bare majority being too much dispersed to meet with convenience at any 
one place, the said act cannot be carried into effect; by reason of which the 
testamentary donation of the late James Innes, Esquire, is in danger of being 
lost: For remedy whereof,

I. Be it Enacted by the General Assembly of the state of North Carolina, and 
it is hereby Enacted by the authority of the same, That the Trustees shall 
consist of not less than twenty and not more than thirty members, and that 
Thomas Clark, John Fergus, John Huske, James Read, Joshua Potts, Frederick 
Jones, John Swann, John Ablin Campbell, Thomas Craike, Thomas Wright, John 
Pugh Williams, Henry Watters, Thomas Maclaine, John Hill, John M'Kenzie and 
Thomas Younger, be and they are hereby appointed Trustees of Innes Academy, 
jointly with the surviving Trustees now in this state appointed by the before 
mentioned act; and that the said Trustees shall be a body politic and 
corporate, and by the name and title of the President and Trustees of Innes 
Academy shall have perpetual succession, and by the same name shall sue and be 
sued, plead and be impleaded in all courts whatsoever, and their common seal 
affixed to any instrument or testimonial, shall be legal testimony in any suit 
in law or equity.

II. And be it Enacted by the authority aforesaid, That the said Trustees, or a 
majority of them, by the name, style and title of the President and Trustees 
of Innes Academy, shall have full power and authority from time to time, as 
they shall see fit and reasonable, to make rules, ordinances and bye-laws as 
to them may appear necessary, for the order and good government of the said 
academy, and the teachers and students thereof, as well as for the regularity 
of their proceedings; and such rules, ordinances and bye-laws to alter and 
change as to them shall seem expedient: Provided always, That such rules, 
ordinances and bye-laws shall be reasonable, and not inconsistent with the 
constitution of the state.

III. And be it Enacted, That the Trustees by this and the before mentioned 
act, or a majority of them being met together, shall have full power and 
authority at their first meeting, or at any subsequent general meeting, if 
they should deem it necessary, to elect by ballot a sufficient number of 
persons to be Trustees to make the whole number as aforesaid; and if any 
Trustee shall absent himself at two successive general meetings, without 
assigning a sufficient cause for so doing, he shall be considered as having 
voluntarily withdrawn himself as a Trustee, and his place shall be supplied by 
a new choice; and no Rector, Professor or Tutor shall be liable to militia 
duty; provided there are not more than three employed in teaching one branch 
of literature; nor shall any student of the said academy be obliged to attend 
at any militia musters.

IV. And be it further Enacted by the authority aforesaid, That exclusive of a 
President the said Trustees shall choose at their first meeting not less than 
three Vice-Presidents, and every Trustee who shall have been a President, 
shall be considered afterwards as one of the Vice-Presidents; and at any 
meeting where the President shall happen to be absent, the Vice-President who 
shall first appear at that meeting shall preside for the time.

V. And be it also Enacted, That the said Trustees may choose a Treasurer 
without limitation of time, but may remove him at pleasure; but before such 
Treasurer shall enter upon execution of his office, he shall give bond to the 
President and Trustees in double the value which he may be authorized to 
receive, and so from time to time as he may be empowered to receive monies, 
subscriptions, rents or donations, with a condition thereto underwritten, that 
he well and faithfully pay and account for the same whenever thereto demanded; 
a copy of every which bond shall be certified by the Secretary for the time 
being, and shall be acknowledged in the court of New Hanover county, where the 
Clerk shall file the same, and be entitled to demand and receive a fee of ten 
shillings for so doing.

VI. And be it further Enacted, That the first meeting of the said Trustees 
shall be in the town of Wilmington, on the first day of January after the 
passing of this Act; and all future meetings shall be in the said town until a 
proper building shall be erected for the academy, and a convenient chamber can 
be spared for the Trustees, and then the meetings shall be held in the 
academy; and any three members residing in the town giving notice to the other 
Trustees to attend the first meeting, shall be of equal force as if the 
officers were chosen: Provided always, That after the first meeting the 
President and Trustees shall be authorized to empower any less number than a 
majority of the whole, to do and perform such acts as they shall deem 
necessary, so that the funds of the academy shall not be disposed of, or the 
salaries of the teachers enhanced or diminished: Provided, That they shall not 
on any account grant degrees or titles, such as Bachelor or Master of Arts, or 
Doctor in any faculty; Provided also That nothing herein contained shall be 
construed so as to make this one of the academies mentioned in the 
constitution of this state.


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