TIT. 1. ever, any charitable donations, devises or bequests, of lands or personal property, and to appropriate the same to the purposes of said corporation; and by its name to sue and be sued, A. A. 1798. implead and be impleaded, answer and be answered unto, in 2 Faust 233. any court of law or equity in this state. How and 18. And be it further enacted, That said public school, in Clarendon county, shall be under the management and direc- when to meet tion of the aforesaid trustees, or a majority or board thereof, and elect offito be chosen, appointed and perpetuated as follows: The said cers and fill trustees, and their successors, shall meet on the second Mon- vacancies. day in May in every year, at any place so to be appointed by the said trustees, between the hours of ten o'clock in the morning, 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 president and such other officers as they shall think necessary, for the ensuing year. And on the death, resignation, or removal from the state, by residence, of any trustee or officer, the sident, or, in his absence, the next presiding officer, shall, in a convenient place, and within two months, after due notice, 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. pre 19. And be it further enacted, That the aforesaid trustees To keep an ac shall keep an accurate account of all their proceedings, in re- count of their gard to the property granted as aforesaid, which, whenever proceedings. required so to do, they shall lay before the legislature for their information. 20. And be it further enacted, That Henry Dana Ward, Trustees apcol. Jacob Rumph, James Stewart, James Carmichael, David pointed and Coalter, William Fitzpatrick, Jacob Seibels, Alexander Bell, incorporated, by the name Hargrove Arthur, Robert Stark, Charles Brown, Aaron Smith, of" The TrusJoseph Vince, Charles Goodwin and Tarlton Brown, shall be tees for estaband they are hereby appointed trustees for the purposes of lishing public establishing schools and other seminaries of learning in the schools in the district of Orangeburgh; and that the said trustees, and their district of Orangesuccessors, shall for ever hereafter, be one body politic and corporate in deed and in name, by the style of "The Trustees for establishing public schools in the district of Orange-burgh ;" and by the said name shall have perpetual succession of officers and members, and a common seal, with power to alter, change and make new the same, as often as the said corporation shall judge expedient. burgh." 21. And be it further enacted, That the said corporation Corporate shall be capable in law to purchase, have, hold, receive, enjoy, powers and possess and retain to itself, in perpetuity, or for any term of capacities. 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 ever, any charitable donations, devices or bequests of land or personal property, and to appropriate the same to the purposes of the said corporation; and by its said name to sue TIT. 1. A. A. 1798. and be sued, implead and be impleaded, answer and be answered unto, in any court of law or equity in this state: 22. Provided always, That all such purchases, donations, 2 Faust 235. devises and bequests of lands or personal property, and the property vested by virtue of this act in the said trustees, shall not exceed the sum of twenty thousand dollars. in 23. And be it further enacted, That the said school shall be under the management and direction of the aforesaid trustees, or a quorum of them, to be 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, every year, at Orangeburgh, or such other place as shall be appointed by a majority of them, between the hours of nine in the morning and three in the afternoon; 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. And on the death, resignation or removal from the state, of any trustee or trustees, the president, or in his absence the next presiding officer, shall, within three months thereafter, cause the other trustees to be summoned to meet at Orangeburgh aforesaid, or such other place as the president or presiding officer shall appoint, giving at least thirty days notice and the trustees who shall meet, not less than seven being present, or a majority of those so met, shall choose, by ballot, another trustee or trustees, in the place or places of any one or more so dying, removing or resigning: and in case of the death, removal or resignation of the president, or other officer, the presiding officer shall convene the trustees in the same manner as the president is herein before directed; and the trustees being met, shall proceed to the election of a president, or other officer, in the same manner as prescribed at their annual election: Provided, That such president, or other officer, shall only continue in office until the next annual election. 24. And be it further enacted, That the said trustees, 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 orders, as to them shall seem necessary and convenient, for the better regulation, government, well ordering and directing themselves, as trustees aforesaid, and the schools to be established by virtue of this act, and all officers, professors, or other persons by them employed, or to be employed, in and about the same, and of all students in the said schools, and for the better management and transacting all things necessary for and concerning the government of the same schools, and the same by-laws, rules and orders, to put in force and execution accordingly, and the same again at their will and pleasure to revoke, alter, change or annul all which by-laws, rules and orders, so to be made as aforesaid, shall be binding on each and every of the trustees, and on all officers, professors and other persons by them employed, and on all students in the said schools, and shall be, from time to time, by each and every of them, invariably and punctually observed, according to the tenor thereof, under the se ; TIT. 1. veral pains, penalties and disabilities therein to be expressed, fixed, appointed or declared: Provided, That the same shall be reasonable, and not contrary or repugnant to the A. A. 1798. laws of this state or of the United states. 25. And be it further enacted, That seven of the said trustees, assembled together for that purpose, public notice of such meeting being given by the president, or presiding officer, at least thirty days previous thereto, shall be capable in law of doing, executing, performing, and carrying into effect, all the powers, duties and authorities, by this act vested in them. 2 Faust 237. 26. And be it further enacted, That the said trustees shall The trustees be, and are hereby declared to be escheators for the district appointed es> of Orangeburgh, and that all the lands, or other property, cheators, &c. which has already or shall hereafter escheat in the district of Orangeburgh, not exceeding the value of twenty thousand dollars, shall be, and are hereby vested in the said trustees, for the purposes aforesaid. 27. And be it further enacted, That the aforesaid trustees To keep an shall keep an accurate account of all their proceedings, in account. regard to the property hereby vested in them, which, whene ver required so to do, they shall lay before the legislature, for their information. 28. And be it further enacted, That this act shall be deem- This act a ed a public act, and judicially taken notice of as such, with- public act. out special pleading; and that the same shall or may be given in evidence, on any issue to be tried in any court of law in this state. 29. Whereas the establishment of public schools is benefi- A. A. 1799. cial to the state, and ought to be encouraged : 2 Faust 300. Be it therefore enacted, That all such property as hath Escheated heretofore escheated, or may hereafter escheat to this state, property vestin the said county,* or within the present limits thereof, on ed in the Camaccount of property which by an act, entitled, "An act to den Orphan Society, for appoint escheators, and to regulate escheats," hath escheat- maintaining a ed to this state, shall be, and the same is hereby vested in school. the Camden Orphan Society, for the 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 The same socounty: Provided the same do not exceed the sum of nine ciety invested thousand dollars. And for receiving and disposing of the with the nowsame property, the said Camden Orphan Society are hereby tors, within vested with all the powers heretofore vested in the person the bounds of or persons heretofore appointed escheators in the several dis- Kershaw 'county. * There is no mention of any county in any preceding part of the act, nor in the title, or preamble. Camden was situated in Kershaw County, prior to the abolition of county courts and counties; i. e. immediately preceding the passing of this act. The act which abolished the county court system, is contemporary with this act. It may be questioned whether the grant is not void for uncertainty; notwithstanding it may be inferred from what follows, and precedes, that Kershaw county was intended. †A. A. 1787. P. L. 430. ers of eschea TIT. 1. A. A. 1799. 2 Faust 300. to direct the tricts throughout this state, so far as the same concerns that part of the state which is included in the present limits of Kershaw county. 30. And be it further enacted, That the said Camden OrAnd a power phan Society be, and the said society is hereby vested with a application of discretionary power of directing the application of the said the said pro- property in such manner and way as shall seem to the said society best calculated to answer the beneficial purposes of this act. perty. And also to draw lotte ries. The escheat Lancaster County vested in trustees a school. 31. And be it further enacted, That the said Camden Orphan Society be, and the said society is hereby empowered and authorized to establish and proceed to draw, and finally conclude, one or more lottery or lotteries, for the purposes aforesaid: Provided, That there shall not be raised, by means thereof, a sum exceeding seven thousand dollars. 32. And be it further enacted, That all such property as ed property in hath heretofore escheated, or may hereafter escheat to this state, in the county of Lancaster, under the operation of the above recited act, shall be, and the same is hereby vested in for endowing the trustees hereafter appointed, for the purpose of endowing and supporting a school in the said county of Lancaster; which said trustees, or any three of them, shall have, and they are hereby vested with all the powers vested in the person or persons appointed escheators in the several districts throughout this state, so far as the same concerns that part of the state included within the present bounds of the said county of Lancaster: Provided the said property shall not exceed the value of nine thousand dollars. Trustees ap. cation thereof. 33. And be it further enacted, That the reverend John pointed to di- Brown, doctor Samuel C. Dunlap, junior, John Ingram, John rect the appli- Montgomery and William Nesbit, shall be, and they are hereby appointed trustees for the purpose of receiving and disposing of the escheated property within the said county 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 as to them shall seem most conducive to the beneficial purposes of this act. Accounts of the applica. tion of the property granted by this act to be kept, &c. 2 Faust 303. Escheats within the district of Williamsburgh, vested in the 34. And be it further enacted, That the said Camden Orphan Society, and the said trustees for the said county of Lancaster, shall keep an accurate account of all their proceedings in regard to the property granted as aforesaid; which, whenever required so to do, they shall lay the same before the legislature for their information. [See Colleges, Title 6.] 35. And be 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 escheators and regulate escheats within the election district of Williamsburgh, shall be, and the same is hereby vested in trustees for the establishment of the Williamsburgh Academy; which said trustees, or a majority of them, are hereby vested with all burgh Acade. the powers given to the escheators by the act aforesaid, so far as the said powers relate to the escheated property within the said district. Provided, That the property so vested, shall not exceed the amount of ten thousand dollars. trustees of Williams my. TIT. 1. Powers and said trustees. 36. And be it enacted, That the said trustees are hereby vested with ample powers to sue for and recover the same, in the name of "the trustees of the Williamsburgh Academy;" A. A. 1799. and may direct and apply the said property, after the same 2 Faust 304. shall be recovered by law, or given up to them, in such man- duties of the ner as the said trustees, or a majority of them, shall think best for the benefit of the said academy: and the said trustees shall also keep regular and accurate journals and ac- To keep an counts of all their proceedings in regard to the property vest- account of the ed in them as aforesaid; which accounts of their proceedings, application of the property, shall always be liable to the inspection of the courts of com- &c. mon pleas, and of the legislature, when called for. Colleton vest 37. And be it enacted, That all such property as hath here- Escheats tofore escheated, or may hereafter escheat to the state, by within the virtue of the aforesaid act to appoint escheators and regulate district of escheats within the district of Colleton, shall be, and the same ed in trustees is hereby vested in the trustees herein after to be appointed, for a school. for the establishment of a school in the said district; which said trustees, or a majority of them, are hereby vested with all the powers given to the escheators by the act aforesaid, so far as the said powers relate to the escheated property within the said district: Provided, That the property so vested, shall not exceed the amount of ten thousand dollars. 38. And be it enactded, That general John M'Pherson, Tho- Trustees apmas Osborne, Paul Hamilton, O'Brien Smith, William B. pointed to ap Mitchell, John Glaze, Benjamin Postell, doctor James Per- ply escheated ry, William Postell, Benjamin Perry, Thomas Waring of Pine- property. hill, William Hayne, and doctor Matthew O'Discoll, be, and they are hereby appointed trustees for the purposes of receiving and disposing of the property above specified, within the district of Colleton; and the said trustees or a majority of them, are hereby vested with ample powers to sue for and recover the Their duties and powers. same; and they may direct and apply the said property, after the same shall be recovered by 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 the said trustees shall also keep regular and accurate journals and ac- To keep an counts of all their proceedings in regard to the property vested in them as aforesaid; which accounts of their proceedings shall always be liable to the inspection of the courts of common pleas or equity, and of the legislature, when called for. account of the property, &c. 39. And be it enacted, That in all cases where vacancies Vacancies a. may happen, in any of the boards of trustees established by mong trusthis act, the remaining trustees shall have power to fill tees, how up be filled. said vacancies in the same manner commissioners of the high roads now fill up vacancies in their boards. 40. And be it further enacted, That all the escheated pro- Escheats in perty in the two parishes of St. Philip and St. Michael, now St. Philip and escheated, or which shall hereafter escheat to this state, situ- St. Michael, ated in the said parishes, not exceeding fifty thousand dollars, vested in the city council of shall be, and the same is hereby vested in the city council of Charleston, Charleston, for the benefit of the Orphan House at Charleston; for the benefit and the said city council shall be, and they are hereby vested of the Orphan with all the powers necessary for escheating, selling and ap- House. |