Southern recorder. (Milledgeville, Ga.) 1820-1872, September 05, 1820, Image 1
SOUTHERN
RECORDER.
VOL. I.
MILLEDGEVILLE, TUESDAY, SEPTEMBER 5, 1820.
PUBLISHED WEEKLY,
(ON TUESDAYS)
TiY S. GUI VTLAWD (f R. M. ORMF.,
at three dollars, in advance, or four
DOLLARS AT THE EXPIRATION OF THE
YEAR.
HT Advertisements conspicuously iusertcilnt
the customary rates.
Executive Department, Georgia, >
Milledgerille, KU/i August, 1830. )
The Legislature havingby resolution, at their
last session, authorised the publication of the
law of the state of South-Carolinn, establishing
Free Schools, and rerommended the same to the
notice Rnd consideration of the citizens of this
state, and of succeeding Legislatures, as a sys
tem well adapted to the circumstances of the
country: His ordered, that the said law be pub
lished accordingly, once in the gazettes of Mil-
iedgevillc, the Georgian, the Augusta Chronicle,
and the Washington News, (Wilkes.)
Attest, ELISHA WOOD, Sec.'ry.
ACADEMIES AND SCHOOLS.
1. Whereas the reverend James Mal-
comson, Theodore Gttardin, Robert With
erspoon, James Davis, John Nesmith and
John Frierson, have, by their petition, pray
ed to lie incorporated ns trustees for the es
tablishment of an academy, to be called
“The Williamsburg Academy;” and also
that they may be authorized to raise by lot
teries, a sum not exceeding five thousand
dollars, to enable them to defray the expense
of necessary buildings for the same,:
2. Be it therefore enacted, That the said
petitioners and their successors, appointed or
elected, or to lie appointed or elected, accor
ding to the form and in the manne,r prescri
bed or to be prescribed by the rules and re
gulations qf tliu said academy, shall be, and
they are hereby incorporated as a body po
litic and corporate, in deed and in law, by the
name of “ The Williamsburg Academy.”
3. Andbe it enacted, That the said corpo
ration, 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 pre
scribed by the rules and regulations now ex
isting or hereafter to be made for the govern
ment 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, us often
as they shall judge expedient.
4. find be itfurther enacted, That the said
corporation shall be able and capable in law,
to purchase, have, hold, take, receive, pos
sess, retain and enjoy to itself, in perpetuity
or for any term of years, any estate, real nr
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 bye-laws, not
repugnant or contrary to the laws of the
land, as for the good order and proper go
vernment of the said corporation, may by
them be thought necessary or expedient:
Provided nevertheless, That the saia real or
personal estate shall not produce an income
exceeding four thousand dollars per annum.
5. And be it also enacted,, That the said
trustees, and their successors, shall have full
power and authority, and they are fully au
thorized and empowered, by virtue of this
law, to erect and proceed to the drawing, and
finally to conclude, one or more lotteries ;
Provided, they do not, by the said lotteries,
raise a sum not exceeding five thousand dol
lars.
6. And be it farther enacted, That tills 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.
7. Whereas, Thomas Taylor, James Tay
lor, William Montgomery, George Wade and
Benj. Waring, trustees of the Academy of
Columbia, have presented their petition to the
legislature, praying that they, as trustees for
the said academy, may be incorporated, and
by law made a body politic, for the purpose
of encouraging and promoting the education
of youth, and praying for adequate funds to
, be granted them for the above laudable pur
pose :
C. Be it therefore enacted. That the said
Thomas Taylor, James Taylor, Geurge
Wade, William Montgomery and Benjamin
Waring, shall be, and they arc hereby ap
pointed trustees for the purpose herein men
tioned, and that the said trustees, and their
successors, shall forever hereafter be one
body politic and corporate, in deed anil in
name, by the style of “ The Trustees of the
A ^C P.,li.nvUio ^ firm hr till
successors, shall meet on the third Monday
ol November in every year, in the said aca
demy, or at such other time and place in the
town of Columbia as may be thought conve
nient, between the hours of nine, in the fore
noon, and five in the afternoon, due and pub
lic notice thereof being given by the secreta
ry, at least ten days before such meeting, in
writing; and the major part of those so met,
shall cleet by ballot, a president and such o-
ther officers as they shall think necessary,
for the year ensuing; the said president and
officers so chosen, shall take the following
oath or affirmation, before any magistrate or
justice of this state, viz : I, A. B. do solemn
ly swear, (or affirm as the case may be) that
I will duly and faithfully execute mid per
form the office to which I am appointed, to
the best of my knowledge and ability; so
help me God. And on the death, resigna
tion, or removal out of the state of any trus
tee, the said trustees, at their next meeting,
shall choose by ballot, another trustee in the
room of the one so dying, resigning or re
moving : Provided nevertheless, That no per
son shall be considered duly and legally elec
ted, unless there be a majority of the votes
of the trustees then present, in his favor.
11. And be it further enacted, That the
said Trustees of the said Academy of Co
lumbia, or a majority of them, shall have
full power and authority, from time to time,
to make, constitute and establish such and
so many by-laws, rules and oiders as to
them shall seem meet, necessary and conve
nient, for the better regulating, governing,
well ordering and directing of themselves, as
trustees aforesaid, as well as of the said Aca
demy of Columbia, and all officers, profes
sors, or other persons by them employed or
to be employed in and about the same ; and
to make, alter, change and make new, from
time to time, any or all their said by-laws,
rules and regulations, for the better regula
ting and governing themselves, as well as
the institution under their charge, and direc
tion, and the officers, tutors and scholars of
the said academy ; which said by-laws, rules
and regulations shall he binding on each anil
every of the said trustees, and each and eve
ry of the officers, tutors and scholars of the
said academy, according to the tenor and
effect thereof, under the several pains, pe
nalties and disabilities therein expressed and
declared : Provided, the same he not repug
nant to the laws of the land.
12. And be it further enacted, That the
commissioners of the town of Columbia
shall forthwith make, and execute legal and
proper titles, and they are hereby comman
ded and directed to make and execute legal
and proper titles *o the said trustees of the
said academy, of a certain square of land in
the said town of Columbia, where tile said
trustees have erected a building for the use
of the said academy, which said square con
tains four acres; and also that the said com
missionors convey to the said trustees, two
Monday in May f cviA-y year, at any place
so to he appointed by the said trustees, be
tween the hours of ten o’clock in the morn
ing, and three o’clock in the afternoon, (after
due notice being given by the trustees, at
least eight days before,) and the majority of
those so met shall elect, by ballot, a presi
dent and such other officers ns they shall
think necessary, for the ensuing year. And
on the death, resignation or removal from
the state, by residence, of any trustee or of
ficer, the president, or, in his absence, the
next presiding officer, shall, in a convenient
place, and within two months, after due no
tice, convene the said trustees, and, in the
manner aforesaid, so supply and fill up all
vacancies that may so take place from time
to time.
19. And be it further enacted, That the a*
foresaid trustees shall keep an accurate ac
count of nil their proceedings, in regard to
the property granted as aforesaid, which,
whenever required so to do, they shall lay
before the legislature for their information.
20. And be it further enacted, That Henry
Dana Ward, Col. Jacob Ruinpli, James
Stewart, James Carmichael, David Coulter,
Win. Fitzpatrick, Jacob Scibels, Alexander
Beil, Hargrove Arthur,Robert Stark, Charles
Brown, Aron Smith, Joseph Vince, Charles
Goodwin and Tarlton Brown, shall he and
they arc hereby appointed trustees for the
purposes of establishing schools and other
seminaries of learning in the district of Or-
angehurgh ; and that the. said trustees, and
their successors, shall lor ever hereafter, he
one body politic and corporate in deed and
in name’ by thc'gtyle of “ The. Trustees for
establishing public srhoois in the district of
Orangeburgh ;” and by the said name shall
have perpetual succession of officers ana
members, and a common seal, with power
to alter, change and make new the same, ns
often as the said corporation shall judge ex
pedient.
21. And be it further enacted, That the
said corporation shall he capable in law to
purchase, have, hold, receive, enjoy, pos
sess and retain to itself, in perpetuity, or for
any term of years, any lands, tenements, or
hereditaments, or other property, of what
kind or nature soever, and to sell, alien, or
lease the same, as they shall think proper ;
and also that it shall and may be lawful for
the said corporation to take and hold for c-
ver, any charitable donations, devises or be
quests of land or personsal property, and to
appropriate the same tortile purposes of the
said corporation; and by its said name to
sue and he sued, plead and he impleaded,
answer and be answered unto, in any court
of law or equity in this state.
22. Provided always, That all such pur
chases, donations, devises and bequests of
lands or personal property, and the. property
e of this act in the said ,trus-
Academy of Columbia,” and by the said
name shall have perpetual succession of of
ficers and members, ami a common seal,
with power to change, alter and make new
the same, as often as the said corporation
shall judge expedient ; and by its said name
to sue and be sued, implead and he implea
ded, answer and he answered unto, in any
court of law or equity in this state.
9. And be it enacted, That the said cor
poration shall be capable in law, to purchase
have, hold, receive,enjoy, possess and retain
to itself, in perpetuity or for any term of
years, any lands, tenements or heredita
ments, or other property of what kind or
nature soever, and to sell, alien or lease the
same, as they shall think proper; and also it
shall and may be lawful for the said corpora
tion to take, accept and hold for ever, any
charitable donations, devises or bequests of
lands or personal property, and to nppropi i-
ate the same to the purposes of the said cor
poration ; and also that it shall and may e
lawful for the said corporation to raise, by
one or more lotteries, the sura of nine t hou
sand dollars, to he appropriated by the said
corporation, to the use of the said^ corporati
on: Provided nevertheless, That all such pur
chases, donations, devises and bequests ol
land or personal property, or monies raised
Ivy lottery or lotteries, shall be exclusiv clj
appropriated for the purposes of erecting and
endowing an academy in the said town ol
Columbia.
10. And be it further enacted, That the
teid academy at Columbia, shall be under
the management and direction of five trus
tees, or a quorum or board thereof, to hr
e.hosen, appointed and perpetuated in man
ner following : The said trustees, and their
other squares of land in said town, cach coiv
tabling four acres, to he chosen and pointed
out to the said commissioners by the said
trustees; which said squares of land shall he,
and they are hereby vested in the said trus
tees. for the use of said academy: Provided,
the said squares of land shall bfc taken and
received in lieu & instead of a public, square
granted them for the use of the. said institu
tion, in the year seventeen hundred and nine
ty-two.
13. And be it further enacted, That the
art shall be deemed and held a public act
and judicially taken notice of as such, with
out special pleading; and the. same shall he.
liberally construed for fully carrying into ef
fect the purposes herein and hereby inten
ded.
14. Whereas the inhabitants of the county
a f Clarendon, by their petition, setting forth,
that the establishment of a public school in
the said county would be productive of ge
neral utility, and tend to the happiness o!
society, good order and government.
15. "Beit therefore enacted, That all the pro
perty which hath heretofore, or may hcrcaf^
ter escheat to this state, within the limits ol
Clarendon comity, (provided tile same do
not exceed ten thousand dollars,) shall bl
and the same is hereby vested in the. trustee
hereafter appointed, and for the purposes
herein after mentioned; and the said trus
tees, for the receiving and disposal of the
same, are hereby vested with all the powers
heretofore vested in the person or persons
appointed er.cheators in tile several districts
throughout this state, so far ns the. same con
cerns that part of the state which is included
in the present limits of Clarendon county.
1G. Beit enacted, That Richard Richard
son, senior, James Davis, Thomas Nightin
gale Johnson, John Peter Richardson, Sam
uel Montgomery, senior, Mathew James,
and James Burchill Richardson, shall he, and
they are hereby appointed trustees for the
purpose of establishing and conducting a
public school in Clarendon county, with lull
power and authority, from time to time, to
make, constitute and'estuhlish such by-laws,
rules and orders, as to them shall seem ne
cessary and convenient, for the better regu
lation, government, well-ordering and direct
ing of themselves, as trustees aforesaid as
well as of the said public school so to he es
tablished. And the said trustees, and their
successors, shall for ever hereafter lie a body
politic and corporate, in deed and in name
and hy the style of “ The Trustees of the
Public School of the Clarendon Orphan So
ciety;” and hy the said name, shall have
perpetual succession of officers and mem
bers, and a common seal, with power to
change, alter and make new the same, ns
often as the said corporation shall judge ex
pedient. ....
17. And be itfurther enacted, That, it.“hall
and may he lawful for the said corporation
to take, retain, and hold forever, any chari
table donations, devises or bequests, nf'lands
or personal property, and to appropriate the
same, to the purposes of said corporation ;
and hy its name to sue and be sued, implead
and be implendod, answer and he answered
unto, iu any court of law or equity in this
state.
18. And he it further enacted, That said
public school, in Clarendon county, shall bl
under the management and direction of the
aforesaid trustees, or a majority or board
thereof, to he chosen, appointed and perpe
tuated as follows; The said Trustees, and
their successor, shall meet on the second
■ ested hy virtue
tees, shall not exceed the -sum of twenty
thousand dollars.
23. And be it further enacted, That the
said school shall he under the management
and direction of the aforesaid trustees, or a
quorum of them, to he chosen, appointed
and perpetuated in the following manner,
that is to say : The said trustees and their
successors, shall meet on the first Monday in
May, in every year, at Orangeburgh, or such
other place as shall he appointed bv a mn;
jorily of them, between tin-, hours of nine in
the morning and three in the ufternoon ; and
the major part of those so met, shall elect, hy
ballot, a president anil such other officers as
they shall think necessary, for the year en
suing. And on the death, resignation or re
moval from the state, of any trustee or trus
tees, the president, or in his absence the ru-xt
presiding officer, shall, within three months
thereafter, cause the other trustees to he
summoned to meet at Orangeburgh afore
said, or such other place as the president
or presiding officer shall appoint, giving a
least thirty days notice ; end the trustee
who shall meet, not less than seven being pie
sent, or a majority of those so met, shall by
ballot, elect another trustee or trustees, in tin
place nr places of an}- one or more so dying
removing or resigning; anil incase of Ih
death, removal or resignation of the presi
lent, nr oilier officer, the presiding officers
shall convene the trustees in the same man
ner as the president is herein before directed:
arid the trustees being met, shall proceed to
the election of a president, or officer, in the
same manner as proscribed at their annual
election ; Provided, That such president, or
other officer, shall only continue iu office un
til the next annual election.
24. And he it further enacted, That the
said trustees, or a ipajorily of them, shall
have full power and authority, from time to
time, to make, constitute and establisli such
and so many by-laws, rules and orders, as to
them shall seem necessary and convenient,
for the belter regulation, government, well
ordering and directing themselves, a* trus
tees aforesaid, and the schools.to lie estab
lished hy virtue of this act, and till officers,
professors, or other persons by them em
ployed, or to lie employed, in and about the
same, and of all students in the said schools,
and for the better management and transact
ing all tilings necessary for and rorirerning
the government of the said schools, and the
same by-laws, rules and orders, to put iu
force aiqi execution accordingly, ami (he
same again at their will and pleasure to re
voke, alter, change or annual; all which by
laws, rules and orders, so to he made as a-
foresaid, shall he binding on each and every
of the trustees, and on all officers, professors
and other persons by them employed, nnd
on all students in the said schools, and shall
lie, from time to time, by each and every of
them, invariably and punctually observed,
according to the tenor thereof, under the se
veral pains, penalties arid disabilities therein
to he expressed, fixed, appointed or declar
ed : Provided, That the same shall he rea
sonable, and not contrary or repugnunt to
the laws of this state or of the United States.
dnd he it fuidher enacted, That seven
cd to he cscheators for the district of Or-
ngeburgh, and that all the lands, or other
property, which has already or shall here
after escheat in the district of Orangchurgli,
not exceeding the value of twenty thousand
dollars, shall he, and are hereby vested in
the said trustees, for the purposes aforesaid.
27. And be it further enacted, That the u-
foresaul trustees shall keep all accurate ac
count of all their proceedings, in regard to
the property hereby vested hi them, wnich,
whenever required so to do, they shall lay
before the legislature for their information.
28. And be it further enacted, That this
act shall he deemed a public net, and judi
cially taken notice of as such, without spe
cial pleading ; and that the same shall or
may be given in evidence, on any issue to he
tried in any court of law iu this state.
29. IV /terras the establishment of public
school- is beneficial to the state, and ought
to be rurouraged:
Be it further enacted, That all such pro
perty as hath heretofore escheated, or may
hereafter escheat to this state, in the said
county, or within the present limits hereof,
on account of property which hy an act, en
titled, “ An act to appoint eschcatars, and to
regulate escheats,” hath escheated lo this
state, shall he, ami the same is hereby vested
in the Camden Orphan Society, for tin-
purpose of promoting the beneficial purpose
of the said society, and for endowing and
supporting a school in the town of Camden,
in the said county: Provided the same dn
not exceed the sum of nine thousand dollars.
And for receiving and disposing of the same
property, the said Camden Orphan Society
are hereby vested with all tile pow ers here
tofore vested in the person or persons here
tofore appointed cscheators in the several
districts throughout this state, so turns the
same concerns that part of the state which
included in the present limits of Kershaw
county.
iO. And be it further enacted, That (lie
said Camden Orphan Society he, and the
said society is hereby vested with a discre
tionary power of directing the application of
the said property in such manner and way
as shall seem to the said society lu st onlcti-
' a ted to answer the buicficiul purposes of this
act.
31. And be it further enacted, That the
said Camden Orphan Society tie, and the
said society is hereby empowered and au
thorized to establisli and pioeeed to draw,
and finally conclude one or more lottery or
lotteries, lor the purposes aforesaid : Provid
ed, That there shall not he raised, bv means
thereof, a sum exceeding seven thousand
dollars.
And be it further enacted, That all surh
property as hath heretofore escheated, or
may hereafter escheat to this elute, in the
county of Lancaster, under die operation of
the above recited act, shall lie, and the same
is hereby vested in the trustees hereafter
appoinled, for the purpose of endow ing and
supporting a srhoul in the said county ol
Lancaster; whic.li said trustees, or any three
of them, shall have, and they are hereby ves
ted with all the powers vested in the person
or persons appointed cscheators in the se
veral districts throughout t.,is state, so far
ar. the same, concerns that part of the stale
included within the present hounds of the
said county of Lancaster : Providtd the said
property shall not exceed the value of nine
thousand dollars.
33. And be it further enacted, That the
reverend John Brown, doctor Samuel C.
Dunlap, junior, John lngitim, John Mont
gomery and William Nesliit, shall he, and
they are hereby appointed trustees for the
purpose of receiving and disposing of the
escheated property within the said enmity of
Lancaster ; and that they or any three of
them, shall have, and they are hereby vested
with a discretionary power of directing the
application of the escheated property in the
said county of Lancaster, in such manner
and way an to them shall seem most condu
cive to the beneficial purpose's of this act.
04- And be it further enacted, That the
said Camden Oilman Society, and the said
trustees for the sail! county of Lancaster,
shall keep nn accurate account of all lhtir
proceedings in regard to the property grant
ed as aforesaid; which whenever required
so to do, they shall lay the same before the
legislature for their information.
05. Arid he it further enacted, That all
such property as hath heretofore escheated,
or may hereafter escheat to the state, by
virtue of the aforesaid act to appoint es-
chcators and regulate escheats within the
election district oj H’illiamsburph. haUhe.nnd
the same is hereby vested in trustees for the
establishment of the Williamsburgli Acade
my ; w hich said trustees, or a majority of
them, are hereby vested with all the powers
given to the escln ators hy (lie act aforesaid,
so far as the said powers relate to the escheat
ed property within the snid district. Provid
ed, That the property so vested, shall not
exceed ten thousand dollars.
36. And be it enacted, That the said trus
tees arc hereby vested with ample powers to
sue for and recover the rame, in the name of
“ the trustees of the Williainshurgh Aca
demy ;” and may direct arid apply the said
property, after the same shall tic recovered'
hy law,or given up to them, in siieli manner
as the said trustees, nr a majority of them,
shall think best for the benefit of the said
academy : nud the said trustees shall also
keep regular and accurate journals and ac
counts of all their proceedings in regard b
the property vested in them as aforesaid ;
which accounts of their proceedings, shall al
ways he liable to the inspection of the courts
of common pleas, k. of the legislature, when
called for.
(joueii
n^ffii-i:
m
38. And be it enacted, That general John
M’Pherson, Thomas Osborne, Paul Hamil
ton, O’Brien Smith, William B. Mitchell,
John Glaze, Benjamin Posted, doctor Janies
Perry, William Posted, Benjamin Perry,
Thomas Waring of Pinehill, YVilliatn Hnyue
and doctor Matthew O'Driscoll,be, and they
are m-reby appointed trustees for the pur
poses of receiving and disposing of the pro
perty above specified, within the district of
Colleton ; and the snid trustees or a majority
in, nre hereby vested with ample pow-
suc for and recover the same ; and
^ may direct and apply the. said proper
ty^ after the same shall he recovered hy law
or given up to them, in such manner as the
said trustees or a majority of them shall
think most conducive to the benefit of the
said school; and (lie said trustees shall also
keep regular slid accurate journals mid ac
counts of their proceedings in regard to tile
property vested in them as aforesaid; which
accounts of tlu ir proceedings shall always
he liable to the inspection of the rouvt of
common pleas or equity, and of tlie legisla
ture, when called for.
39 And be it enacted, That m nil cases wliere
vacancies may happen, in any of tho hoards of
trustrees established by this net, (he remaining
' rush c-s shall jiavo power to fill up said vacan
cics in the same manner commissioneis of the
high roarl« now til! up vacancies in tlu ir hoards.
40. And he it further enacted, That all the
escheated property in the two parishes "f St.
l’hilip and St. Michael, now escheated, or
which shall hereafter escheat to this state, situ
ated in the snid parishes, not exceeding fifty
thin sand dollars, shall he, nnd the same is here
by vested in the city council of Charleston, (or
tie benefit of the Orphan House at Charleston i
nnd the said city council slin'l be, nnd (hey are
hereby vested with all the powers necessary for
escheating, selling nnd appropriating the said
property lor the benefit of flic- .said Orphan
House.
41. Whereat, John Palmer, Thomas Palmer,
Pi-b r Gaillard Samuel Poacher, arid Philip
Portlier, have, hy their petition, prayed to he
incorporated as trustees for the establishment of
nn academy to be called “ The Pineville Ata
dcDiy."
42. Be it therrforc enacted, That the said
petitioners, and their successors, appointed or
elected, or to he appointed or elected, accor
ding to the form nnd lo the manner prescribed
or to be prescribed by the rules nnd regulations
ol the said arndsgny, 3hnll he, and they are here
by Incorporate d as a body politic and corporate,
in deed and in law, by the name of Pineville Ac -
ademy
43. .fold be it enacted 1 hat the said corpora
tion, bytheirnmne aforesaid, shall have perpet
ual succession of officers and members, to be
appointed or elected in such manner and accor
ding to such form as may be prescribed by the
rules and regulations aow existing or hereafter
he made (or the government of the said cor
poration ; 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.
nacled, That the said corporati-
37. And be it enacted. That all such pro
perty as hath heretofore escheated, nr may
hereafter escheat to the state, hy virtue of the
aforesaid act to appoint cscheators and re
gulate escheats within the district of Col
leton, shall he and the same is hereby ves-
of the said trustees, assembled together for) ted in the trustees hereinafter to be appoint-
tliat purpose, public notice of such meeting cd, for the ■ •tnhli'-hmciit of a school in the
being given hy the president, or presiding
officers, at least thirty days previous thereto,
shall he capable in law of doing, executing,
said district ; which said trustees, or a ma
jority of them are hereby vested with all the
powers given to the cscheators hy the act
performing, arid carrying into effect, all the, | aforesaid, so far as the said powers relate to
powers, duties and authorities, tiy this act I the escheated properly within the said dis
vested in them. jtrict’ Provided, That the pioperty so ves
2fi. And he it further enacted, That the ted, shall not exceed the amount of ten thou-
said trustees shall be, and are hereby declare sand dollars,
44 .fold be it enacted,
on shall be able and capable in law, to purchase,
have, hold, take, receive, possess, retain and en
joy to itself, in perpetuity, or for any term of
years a'y estate, r< ul or personal, of what
kind or nature soever, and to sell, alien and dis
pose of the same as they may think proper ;
nnd hy ils name above mentioned, to sue and he
sued, implead and bo impleaded, answer and he
answered unto, in any court of' law or equity
this sta t; and to nialie such rules and by-laws,
not repugnant or contrary to the laws of the
land, as for tho good order and proper govern
ment of the snid corp -ration may by them be
thought necessary or expedient: Provided tie-
rcrthelett, ’1 hat Ihe suid real or pei-r nal es
tate shall not produce an income exceeding livt-
Uioustiod dollars per annum.
45. Be it enacted, That all the property ns
hath heretofoit, or may hereafter accrue to this
slate in the parish ol Saint Stephen’s, on ac
count of property which hy an ai l, entitled “ A
act to appoint eschentors and to regulate is
cheat I,nth escheated to this statu, shall b«-
■mil they are hereby vested in John 1'aiiner,
l J otei Gaillard, Samuel Porcher, Thomas Tal
liter and Philip Poreher, trustees ol the Pmrviljo
Academy, for (house and hem Jit ol the said ac
a demy.
4G. Whereas, The iMe Dr. John l)o La
Howe, by Ins last will and teslahient, vested
certain n a! estates in the district of Abbeville,
in the agricultural society ol this state, for the
!i«es and purposes set forth in the raid will :
A ml uthe'em, the said trustees have petitioned
tin legislature to accept of their resignation of
the said trust :
47. And he it ther fre enacted That the le
gislature of this state do hereby accept °l
the n signation oi the said trustees, and that nil
potwers, authorities and duties vested in or im
posed upon the snid trustees, do for cvcrlicreat
ler cease and determine.
48. And be itfurther enacted, That col. Jos
Colhoun, Peter filbert, Andrew Norris, 1 lu
re v. Mos« s Waddell, and Ezekiel Colhoun, he,
and they are hereby appointed trustees for lilt-
purposes of carrying into efioi t the said last will
and testament of the snid Dr. John De l.a Howe,
and that they ore hereby vested with as full and
ample poWi i-s, privileges and authorities, ns the
said agricultural society, by the said last will
and testament of the said Dr. John De La
Howe was vested with.
49. Arul be it further enacted, That in case
of the death or ri signation of Any of the com
missioners horejn before named, that Ihe others
or *i i rv: v or s^ta 11 Hi a ve, and are hereby vested
with full [ioJwr*and authority to fill up and sup
ply every vacancy or vacancies so orcuring :
Prwld-tl always. That the said commissioners
do annually account before the ordinary ot Ab
beville disirict. in (he way and manner in which
executors and administrators are by law re
qviircd to account.
50. lie it enarled, That so much of the clause
of an act entitled, “ Ari act to establish a now
district therein mentioned,” passed on the nine
teenth day of December, one thousand eight
hundred and one, usrelatis to the appropriation
of the money arising from the sale of certain
lots in Cnnwayborough, he, and the same are
hereby repealed ; anil that Henry Durant, Ben
jamin Gauze, Anthony l'awley and Edward
Connor, be, anil .they are hereby appoinled com
nnssioners to supply the vacancies occasioned
hy the death of Samuel Foxworth, and the re
signation of William Verren, Willi; m Williams
and John Graham, and in addition to the com
m.ssioncis appointed undt-r the aforesaid act,
and passed in the year of our Lord, one thousand
eight hundred and one, and they or the majority
ol them, he, and they arc hereby authorized nnd
empowered to continue the sale of the said lots,
ami lo receive the money arising from such sale,
and to put to and keep at interest the principal
ate the interest arsing therefrom to the<
ting of poor orphan children, nnd the children i
poor parent* who nre not able to educate tr*“
61. Whereas, Samuel Warren, James L
hen, Williarm Scott, Nichola* Venning, Hiaa
Wilden, George Barksdale, Mote* Wbitewdea
and David Ran*aw, trustee* of the Mount Flea*
snnt A< idemy, in the parish of Christ Church,
have, hy their petition, prayed to he incorporat
ed : And whereas, the encouragement of the e-
ducation of youili is a matter always desirably i.
53. licit therefore enacted, That the said pe
titioners and their successors, appointed o^ elect*
ed, or to be appointed nr elected, according to
(he form nnd in the manner prescribed, o- to be
prescribed hy the rules and regulations of tho
said academy shall hr, and they are hereby in-
coporated a* a body politic and corporate, in
deed and in law, by (be name of “ The Mount
1'lensant Academy.”
63. And be it enacted, That the said cor-
porntiin, by tlieir name aforesaid, shall have
perpetual succession of officers and members, to-
be appointed or elected in such manner, and ac
cording to such form as piay be prescribed by
the rules and regulations now existing or here
after to he made for Ihe government of the said
academy or corporation; and that they may
liavr a common seal with power to change, alter
and make new the same, as often as they
shall judge expedient.
54 " And be it further enacted, That the snid
corp. ration shall lie able and capable in law, to
purchase, Lave, hold, take, receive, p! ssess, re
tain and t njoy to Kiel) in |ierpetuity o: for snjr
term ol years, any cs ate, real or personal, of
what Kind i r nature soever, and to sell,alien and
dispose of the sume as they mny thiuk proper;
and b) iu name above mentioned, to sue and be
sued, implead nnd be impleaded, answer ond
he answered unto, iu any curt of law or equity
in this state ; and to make such rule; and by
laws, not repugnant or contrary to the laws of
toe land, as for the go d order and prope.i go-
ve nment of the said corporation, may hy tin m
lie tli light necessary or expedient: P viileil
nevertheless, That the annual inc- roe ol the said
real arid personal estate shall not exceed teu
thousand Hollars.
65. And be it further enacted, That the said
trustees and their successors, shall have full
power and authority, and they are herehy fully
authorized and empowered to sue for nnd reco
ver, at law or in equity, the legacy devised Eli
zabeth Fleming in her last will and testament,
dated nineteenth bcptemlicr, one thousand se
ven hundred and seventy-five, for the building of
a school for the good of the poor, and that the
funds arising f om tile recovery of the said lega
cy, ifrecoverabfi consistently with the intent of
the testatrix, he vested iu the said trustees and
tfie.ir successors iu office; and when recovered,
he appropriat- d under their direction, for the
sole purpose of educating the poor children of
the said parish.
50. And be it further enacted. That this act
slial lie deemed and taken to be a public act,
nnd all courts in this state shall take notice
thereof as such, and the rime may be given In
evidence without special pleading.
57. Whereas, William Bumiioos, Zachariaii
Daily, James Memehan, James Young and
Wiliism Lowe, have by their petition set forth.
That 'Thomas Wad.-.worth, late of Charleston,
deceased, did by his last will aud testament,
order and direct that sundry (rads of land
should be convey'd hy Inn executers to certain
trustees who should further convej the said
lands to any five persons uhu should Im- elected
by the free men residing in Laurens dist. ict, in
the lower battalion of the ninth regiment, nnd
second brigade of Hu- upper division oi said
state, to' he hidden 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 he situated within the bounds of snid
battalion ; that the said lands have been con
veyed n< corduig to the directi n of the testator,
and n school house erected j and that, at an rlec-
tion held on the tenth day of Ma ch, 1809, the
said petitioners were returned duly clec’cd as
IruMens for the said puipuses, and praying (nat
they may he incorporated for the purpose of
carrying fully into effect the execution of the
aforesaid trust :
58. Beit ther freenacted, That (hesaid peti
tioners and Ihi-ir successors in office, appointed
or elect- d, or to be appointed or elected, accor
ding to the form anil manner to he prescribed
by tin- "aid petitioners, shall he, and they are
hereby incorporated as a body politi, and cor
porate, in deed nnd in law, by the name of “The
Trustees of the Wadsworth-vilie boor School,”
for the purpose ol carrying into effect the alore.
► aid Lfii.st : and shall have perpetual succession
of officers nnd members, and that they D ay
have a common si nl, with power to change, af-
ler nnd make new the same ; and by its corpo
rate name to sue nnd be sued, irnpKad and ba
impleaded, answer and he nnswered unto, in
any court of law or equity Id this state, ai.d to
make rules and by-laws, net repugnant *1- con
trary to the laws of the land, ns for the good or-
ifi r anil proper government of the said corpora
tion, may by them be thought proper and ne
cessary
59- Be it enacted, That immediately after
the passing of this act, there shall be established
in each election district within this state, a
number of free schools equal to the number of
members which such district is entitled to send
to tin house of representatives in the legislature
of this stale.
60. And be itfurther enacted, That in each
of these schools the primary elements of
learning, reading, writing, aud arithmetic
shall always be taught, &. such other branch
es of education as the commissioners to be
hereinafter appointed may from lime to time
direct.
01. And be it further enacted, That every
citizen of this state shall be entitled to send
his or her child or children, ward or warda
to any free school in the district where he or
site may reside, free from any expense what
soever on account of tuition ; and where
more children shall apply for admission at
any one school than can he conveniently e-
ducated therein, a preference shall always
he given to poor orphans nnd the children of
indigent and necessitous parents.
02. And be itfurther enacted, That for the
support and maintenance of the said free
schools, the sum of three hundred dollars
per annum for each school, is hereby and
forever appropriated, to be'paid out of the
treasury of this state, in the manner herein
after directed, until other sufficient funds
may by law he provided.
03. And be it further enacted, That for tho
purpose of carrying this act into effect, there
shall be. appointed, a number of commission
ers in each election district, which number
shall not he less than three, nor more than
thirteen.
04. And be itfurther enacted,That the said
sums arisirg fiatc such sale, and to appropri- commissioners shall be appointed by the lee