« PreviousContinue »
son, there to remain until he shall enter into the stipulation herein before required; but should he be unable to comply with the requisitions herein be. fore mentioned; or should he deny that he is the father of the said child or children, then, and in that case, a jury shall be charged, either in the court of sessions or common pleas, or in the court of the county where the woman resides, to try the question, whether the person so accused, is or is not the father of such child or children; and should the jury be of opinion that he is not the father of such child or children, then, and in that case, he shall be discharged; but should the jury be of opinion the charge is well founded, and that he is the father of such
child or children, then, should he not give the security herein before required, the court shall bind him out to service for any time not exceeding four years, and the proceeds of his labour shall be applied by the court to the purposes aforesaid.
And be it further enacted by the authority afore- Woman said, That when any woman who is charged with who has having had a bastard child or children, shall be
had a bas
tard child, brought before a magistrate, and shall refuse to de- and refusclare, on oath, who is the father thereof, the ma-ereits fa. gistrate aforesaid shall commit her to gaol until she ther, to be shall declare the same, or shall give security that the commit
ted to gaol. said bastard child shall not become chargeable to the county or parish, wherein she resides.
And be it further enacted by the authority aforesaid, That whenever it shall so happen, that neither Where pathe father nor mother of a bastard child shall be rents are
unable to able to support and maintain the same, the com- maintain missioners of the poor shall take care to assess and the child, levy upon the inhabitants of the county or parish, missionsuch reasonable rates and sums, on the principles ers of the of the general tax, as may be sufficient to maintain, provide support and educate such child or children; and for it. they are hereby vested with full powers to carry this provision into effect; and they shall lay before
the superior or county courts, in their respective districts, once in every year, a statement of their proceedings and accounts in the execution of this act; and the said commissioners of the poor are hereby vested with full powers to superintend the application of the monies paid, or secured to be paid, agreeably to this act, and to put out and bind as apprentices, at the proper age, the said bastards, to suitable trades or occupations.
And be it enacted by the authority aforesaid, Certain That if any person who is an inhabitant of this ces of pro state, or who hath an estate therein, shall have alperty de- ready begotten or shall hereafter beget any bastard clared
child, or shall live in adultery with a woman, the void.
said person having a wife or lawful children of his own living, and ahall give, or settle, or convey, either in trust or by direct conveyance, by deed of gift, legacy, devise, or by any other way or means whatsoever, for the use and benefit of the said woman with whom he lives in adultery, or of his bastard child or children, any larger or greater proportion of the real clear value of his estate, real or personal, after payment of his debts, than onefourth part thereof, such deed of gift, conveyance, legacy or devise, made, or hereafter to be made, shall be, and is hereby declared to be null and void, for so much of the amount or value thereof as shall or may exceed such fourth part of his real and personal estate.
And be it further enacted by the authority aforeRepealing said, That the act, entitied, “ An act against basclause. tardy,” and also and act, entitled, “ An act to pre
vent the destroying and murthering of bastard
the Year of our Lord one thousand seven hundred and
DAVID RAMSAY, President of the Senate.
House of Representatives.
An ACT to incorporate the Academy of Columbia,
and for other purposes therein mentioned.
HEREAS Thomas Taylor, James Tay.
lor, William Montgomery, George Wade and Benjamin 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 youths, and praying for adequate funds to be granted them for the above laudable purpose :
Be it therefore enacted by the honorable the Senate and House of Representatives, now met and sitting in general assembly, and by the authority of the same, That the said Thomas Taylor, James Trustees Taylor, George Wade, William Montgomery of the acas and Benjamin Waring, shall be, and they are here- Columbia by appointed trustees for the purpose herein men- incorpora. tioned and that the said trustees, and their suc
ted. cessors, shall for ever hereafter be one body politic and corporate, in deed and in name, by the style of the trustees of the academy of Columbia, and by the said nane, shall have perpetual succession of officers and members, and 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 be impleaded, answer and be answered unto, in any court of law or equity in this state.
And be it enacted by the authority aforesaid, That the said corporation shall be capable in law, to pur- Powers of chase, have, hold, receive, enjoy, possess and retain the corpo
ration. to itself, in perpetuity or for any term of years, any lands, tenements or hereditaments, or other property of what kind or nature sover, and to sell, alien or lease the same, as they shall think proper; and also it shall and may be lawful for the said corporation to take, accept and hold for ever, any charitable donations, devises or bequests of lands or
personal property, and to appropriate the same to the purposes of the said corporation; and also that it shall and may be lawful for the said corporation to raise, by one or more lotteries, the sum of nine thousand dollars, to be appropriated by the said corporation, to the use of said corporation: Provided nevertheless, That all such purchases, donations, devises and bequests of land or personal property, or monies raised by lottery or lotteries, shall be exclusively appropriated for the purposes of erecting and endowing an academy in the said town of Columbia
And be it further enacted by the authority aforeManner of said, That the said academy at Columbia, shall be perpetuat- under the management and direction of five trustrustees. tees, or a quorum or board thereof, to be chosen,
appointed and perpetuated in manner following: the said trustces, and their successors, shall meet on the third Monday of November in every year, in the said academy, or at such other time and place in the town of Columbia as may be thought convenient, between the hours of nine in the forenoon, and five in the afternoon, due and public notice thereof being given by the secretary, at least ten days before such meeting, in writing; and the major part of those so met, shall elect by ballot, a president and such other 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 solemnly swear, (or affirm, as the case may be,) that I will duly and faithfully execute and perform the office to which I am appointed, to the best of my knowledge and ability; so help me God: And on the death, resignation, or removal out of the state of any trustee, the said trustees, at their next meeting, shall choose by ballot, another trustee in the room of the one so dying, resigning or removing: Provided nevertheless, That no person shall be considered du
ly and legally elected, unless there be a majority of the votes of the trustees then present, in his favor.
And be it further enacted by the authority aforesaid, That the said trustees of the said academy of Farther Columbia, or a majority of them, shall have full powers of power and authority, from time to time, to make, ration. constitute and establish such and so many by-laws, rules and orders as to them shall seem meet, necessary and convenient, for the better regulating, governing, well ordering and directing of them, selves, as trustees aforesaid, as well as of the said academy of Columbia; and all officers, professors, 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 regulating and governing themselves, as well as the institution under their charge and direction, and the officers, tutors and scholars of the said academy; which said by-laws, rules and regulations shall be binding on each and every of the said trustees, and each and every of the officers, tutors and scholars of the said academy, according to the tenor and effect thereof, under the several pains, penalties and disabilities therein expressed and declared : Provided the same be not repugnant to the laws of the land.
And be it further enacted by the authority aforesaid, That the commissioners of the town of Co- Three lumbia shall forthwith make and execute legal and squares of proper titles, and they are hereby commanded and lumbia gidirected, to make and execute legal and proper ti- ven to the tles to the said trustees of the said academy, of a
academy. certain square of land in the said town of Columbia, where the said trustees have erected a building for the use of the said academy, which said square contains four acres; and also that the said commissioners convey to the said trustees, two other squares of land in the said town, each containing four acres, to be chosen and pointed out to