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TIT. 1.

A. A. 1805.

The Pineville

Academy in corporated.

Corporate powers and capacities.

Escheated

propriating the said property for the benefit of the said Orphan House.

41. Whereas, John Palmer, Thomas Palmer, Peter Gaillard, Samuel Porcher, and Philip Porcher, have, by their petition, prayed to be incorporated as trustees for the establishment of an academy to be called "The Pineville Academy :" 42. Be it therefore enacted, That the said petitioners, and their successors, appointed or elected, or to be appointed or elected, according to the form and to the manner prescribed or to be prescribed by the rules and regulations of the said academy, shall be, and they are hereby incorporated as a body politic and corporate, in deed and in law, by the name of Pineville Academy.

43. And be it enacted, That the said corporation, by their name aforesaid, shall have perpetual succession of officers and members, to be appointed or elected in such manner and according to such form as may be prescribed by the rules and regulations now existing or hereafter to be made for the government of the said corporation; and that they may have a common seal, with power to change, alter and make new the said rules and regulations and common seal, as often as they shall judge expedient.

44. And be it enacted, That the said corporation shall be able and capable in law, to purchase, have, hold, take, receive, possess, retain and enjoy to itself, in perpetuity, or for any term of years, any estate, real or personal, of what kind or nature soever, and to sell, alien and dispose of the same as they may think proper; and by its name above mentioned, to sue and be sued, implead and be impleaded, answer and be answered unto, in any court of law or equity in this state; and to make such rules and by-laws, not repugnant or contrary to the laws of the land, as for the good order and proper government of the said corporation may by them be thought necessary or expedient: Provided nevertheless, That the said real or personal estate shall not produce an income exceeding five thousand dollars per annum.

45. And be it enacted, That all such property as hath hereproperty vest- tofore, or may hereafter accrue to this state in the parish of ed in said cor- Saint Stephen's, on account of property which by an act, enporation. titled, "An act to appoint escheators and to regulate escheats," hath escheated to this state, shall be and they are hereby vested in John Palmer, Peter Gaillard, Samuel Porcher, Thomas Palmer and Philip Porcher, trustees of the Pineville Academy, for the use and benefit of the said academy.

The estate of De La Howe invested in trustees instead of the agricultural society.

46. Whereas, The late Dr. John De La Howe, by his last will and testament, vested certain real estates in the district of Abbeville, in the agricultural society of this state, for the uses and purposes set forth in the said will: And whereas, the said trustees have petitioned the legislature to accept of their resignation of the said trust:

47. Be it therefore enacted, That the legislature of this state do hereby accept of the resignation of the said trustees, and that all powers, authorities and duties vested in or imposed upon the said trustees, do for ever hereafter cease and determine.

TIT. 1.

48. And be it further enacted, That col. Jos. Colhoun, Peter Gibert, Andrew Norris, the rev. Moses Waddell, and Ezekiel Colhoun, be, and they are hereby appointed trustees for A. A. 1805. the purposes of carrying into effect the said last will and testament of the said Dr. John De La Howe, and that they are hereby vested with as full and ample powers, privileges and authorities, as the said agricultural society, by the said last will and testament of the said Dr. John De La Howe was vested with.

49. And be it further enacted, That in case of the death or resignation of any of the commissioners herein before named, that the others or survivors shall have, and are hereby vested with full power and authority to fill up and supply every vacancy or vacancies so occurring. Provided always, That the said commissioners do annually account before the ordinary of Abbeville district, in the way and manner in which executors and administrators are by law required to account.

50. Be it enacted, That so much of the clause of an act, A. A. 1805. entitled, “An act to establish a new district therein mentioned," passed on the nineteenth day of December, one thousand eight hundred and one, as relates to the appropriation of the money arising from the sale of certain lots in Conwayborough, be, and the same are hereby repealed ;* and that Henry Durant, Benjamin Gauze, Anthony Pawley and Edward Connor, be, and they are hereby appointed commissioners to supply the vacancies occasioned by the death of Samuel Foxworth, and the resignation of William Verreen, William Williams, and John Graham, and in addition to the commissioners appointed under the aforesaid act, and passed in the year of our Lord one thousand eight hundred and one, and they or the majority of them, be, and they are hereby authorized and empowered to continue the sale of the said lots, and to receive the money arising from such sale, and to put to and keep at interest the principal sums arising from such sale, and to appropriate the interest arising therefrom to the educating of poor orphan children, and the children of poor parents who are not able to educate them.

51. Whereas, Samuel Warren, James Hibben, William A. A. 1809. Scott, Nicholas Venning, Elias Wilden, George Barksdale, Moses Whitesides and David Ramsaw, trustees of the Mount Pleasant Academy, in the parish of Christ Church, have, by their petition, prayed to be incorporated: And whereas, the encouragement of the education of youth is a matter always desirable:

52. Be it therefore enacted, That the said petitioners and The Mount their successors, appointed or elected, or to be appointed or Pleasant Acaelected, according to the form and in the manner prescribed, demy incorporated. or to be prescribed by the rules and regulations of the said academy, shall be, and they are hereby incorporated as a body politic and corporate, in deed and in law, by the name of "The Mount Pleasant Academy."

*Vid. 2 Faust 420.

TIT. 1.

A. A. 1809..

Corporate powers and capacities.

A. A. 1810.

53. And be it enacted, That the said corporation, by their name aforesaid, shall have perpetual succession of officers and members, to be appointed or elected in such manner, and according to such form as may be prescribed by the rules and regulations now existing or hereafter to be made for the government of the said academy or corporation; and that they may have a common seal, with power to change, alter and make new the said rules and regulations, and common seal, as often as they shall judge expedient.

54. And be it further enacted, That the said corporation shall be able and capable in law, to purchase, have, hold, take, receive, possess, retain and enjoy to itself, in perpetuity or for any term of years, any estate, real or personal, of what kind or nature soever, and to sell, alien and dispose of the same as they may think proper; and by its name above mentioned, to sue and be sued, implead and be impleaded, answer and be answered unto, in any court of law or equity in this state; and to make such rules and by-laws, not repugnant or contrary to the laws of the land, as for the good order and proper government of the said corporation, may by them be thought necessary or expedient: Provided nevertheless, That the annual income of the said real and personal estate shall not exceed ten thousand dollars.

55. And be it further enacted, That the said trustees and their successors, shall have full power and authority, and they are hereby fully authorized and empowered to sue for and recover, at law or in equity, the legacy devised by Elizabeth Fleming in her last will and testament, dated nineteenth September, one thousand seven hundred and seventy-five, for the building of a school for the good of the poor, and that the funds arising from the recovery of the said legacy, if recoverable consistently with the intent of the testatrix, be vested in the said trustees and their successors in office; and when recovered, be appropriated under their direction, for the sole. purpose of educating the poor children of the said parish.

56. And be it further enacted, That this act shall be deemed and taken to be a public act, and all courts in this state, shall take notice thereof as such, and the same may be given in evidence without special pleading.

57. Whereas, William Burnsides, Zachariah Baily, James Memehan, James Young and William Lowe, have by their petition set forth, that Thomas Wadsworth, late of Charleston, deceased, did by his last will and testament, order and direct that sundry tracts of land should be conveyed by his executors to certain trustees, who should farther convey the said lands to any five persons who should be elected by the free men residing in Laurens district, in the lower battalion of the ninth regiment, and second brigade of the upper division of said state, to be holden by such five persons and their successors, in trust, for the purpose of raising a fund for the annual support of a free school, to be situated within the bounds of said battalion; that the said lands have been conveyed according to the direction of the testator, and a schoolhouse erected; and that at an election held on the tenth day

of March, 1809, the said petitioners were returned duly elec- TIT. 1. ted as trustees for the said purposes, and praying that they

may be incorporated for the purpose of carrying fully into ef- A. A. 1810. fect the execution of the aforesaid trust:

58. Be it therefore enacted, That the said petitioners and The trustees their successors in office, appointed or elected, or to be ap- of Wadspointed or elected, according to the form and manner to be worth-ville prescribed by the said petitioners, shall be, and they are poor school, incorporated. hereby incorporated as a body politic and corporate, in deed and in law, by the name of "The Trustees of the Wads- Corporate worth-ville Poor School," for the purpose of carrying into efpowers and fect the aforesaid trust; and shall have perpetual succession capacities. of officers and members, and that they may have a common seal, with power to change, alter and make new the same; and by its corporate name to sue and be sued, implead and be impleaded, answer and be answered unto, in any court of law or equity in this state, and to make rules and by-laws, not repugnant or contrary to the laws of the land, as for the good order and proper government of the said corporation, may by them be thought proper and necessary.

59. Be it enacted, That immediately after the passing of A. A. 1811. this act, there shall be established in each election district [Free within this state, a number of free schools equal to the num- schools.] ber of members which such district is entitled to send to the Free schools house of representatives in the legislature of this state.

to be established in each

60. And be it further enacted, That in each of these election disschools the primary elements of learning, reading, writing trict. and arithmetic shall always be taught, and such other bran- What shall be ches of education as the commissioners to be herein after aptaught in said schools. pointed may from time to time direct.

schools.

61. And be it further enacted, That every citizen of this Who may go state shall be entitled to send his or her child or children, to said ward or wards to any free school in the district where he or she may reside, free from any expense whatsoever on account of tuition; and where more children shall apply for admission at any one school than can be conveniently educated therein, a preference shall always be given to poor orphans and the children of indigent and necessitous parents.

schools.

62. And be it further enacted, That for the support and Money appromaintenance of the said free schools, the sum of three hun- priated to supdred dollars per annum for each school, is hereby and for port the said ever appropriated, to be paid out of the treasury of this state, in the manner herein after directed, until other sufficient funds may by law be provided.

63 And be it further enacted, That for the purpose of car- Commissionrying this act into effect, there shall be appointed, a number ers to be apof commissioners in each election district, which number pointed by the shall not be less than three nor more than thirteen. legislature.

64. And be it further enacted, That the said commission- And continue ers shall be appointed by the legislature, by nomination, and in office three shall continue in office for three years from the time of their years. appointment, and until a new appointment shall be made.

65. And be it further enacted, That the commissioners of the free schools shall have power to determine the situation

Powers of the said commissioners.

TIT. 1.

A. A. 1811.

[Free schools.]

Number of

be increased

of the schools in each district, to appoint masters for each school, and to remove them at pleasure, to arrange the system of instruction until some general system be organized, to decide on the admission of scholars, and the preference to be given in all cases of doubt or difficulty, and to superintend generally the management of schools in their respective districts, and shall have power to draw on the comptroller for the sums appropriated for the schools in their respective districts.

66. And be it further enacted, That wherever the commisschools may sioners, or a majority of them in any district, shall be of or diminished. opinion, that the object of this act would be better promoted by increasing or diminishing the number of schools allowed to such district, the said commissioners shall be, and they are hereby empowered to increase or diminish the number of schools in such district, and to draw for, and apply the whole amount allowed by this act, to such districts, to the support of the schools so increased or diminished in number. 67. And be it further enacted, That the commissioners in each district, shall meet together annually, on the fourth quarterly, and Monday of January in each year, and quarterly on the fourth elect a chair- Mondays of April, July and October, and at their anniversary man and se- meetings, shall annually elect a chairman and secretary, and cretary. shall fill up the vacancies which may have happened in their board. And on the death, resignation, or absence from the state of the chairman or secretary, of any board of commissioners, the members at the next quarterly meeting, provided a majority be present, shall appoint a successor.

Commissioners to meet annually, and

Secretary to keep a jour

nal.

How to pro

ceed where

sufficient.

68. And be it further enacted, That the secretary of each board of commissioners shall keep a regular journal of the transactions of the said board, which shall be always open to the inspection of the legislature.

69. And be it further enacted, That in all cases where the the fund is in- sum of money allotted by this act, for the support of each school, shall be found insufficient to maintain a master for the whole year, that then the commissioners shall be authorized to employ a master the greatest length of time for which sum a competent person can be engaged.

Returns to be

made to the legislature.

70. And be it further enacted, That every board of commissioners throughout the state, shall at their quarterly meeting on the fourth Monday of October, in each year, make a regular return to the legislature, or to any person whom the legislature may appoint, of the number of months during the year preceding their said meeting, which each school in their respective districts, has been open for the reception of scholars; of the number of scholars that during each quarter attended the respective schools; of the sums drawn for, on account of each school, with the date of the drafts; and may transmit any observations on the state or regulations of the schools, which may appear to them necessary or important.

And in order to regulate and check the expenditure of the money, which by this act is appropriated for the support of the free schools;

71. Be it further enacted, That as soon as the commission

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