Southern recorder. (Milledgeville, Ga.) 1820-1872, September 05, 1820, Image 1

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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