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Chap. 151.
Proviso.
Vacancies, how
to be supplied.
Made capable in
law to sue and be
sued, &c.
Com missioners
living in Durham
Parish, on appli-
cation of trustees,
may pay part of
school fund to their
order &c.
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who shall be duly elected in the manner hereafter described and
directed, be and they are hereby incorporated and made a body po-
litic for ever hereafter, by the name and style of The Trustees of
the Union School of Durham Parish, and by that name they are
hereby made able and capable in law to have, purchase, receive,
possess, enjoy and retain, to them and their successors, lands, tene-
ments, annuities, pensions, and other hereditaments, in fee simple,
or for a term of years, life, lives, or otherwise, and also goods,
chattels or effects, of whatsoever nature, quality or kind whatsoever,
by the gift, bargain, sale or devise, of any person or persons, bo-
dies politic or corporate, capable to make the same; Provided al-
ways, that the said trustees shall not possess at any one time, pro-
perty real, personal or mixed, exceeding in net yearly value the
sum of ten thousand dollars.
2. And be it enacted, That in case of the death, resignation, or
removal from the parish, in which the said school is situated, of
one or more of the trustees, the vacancy or vacancies thus arising
shall be filled by a trustee or trustees to be elected by a majority
of the votes of such persons who shall have subscribed not less
than ten dollars to the funds of said school, as shall attend a meet-
ing of the subscribers to said funds, which shall be called by any
one of the existing trustees, by a notice thereof, in writing, set up
at the door of the said school, and at the parish church, at least
twenty days previous to the time of said meeting, so that the num-
ber of five trustees be kept up and continued for ever; and the said
trustees shall have full power and authority to make by-laws, rules
and regulations, for the well ordering and conducting of the busi-
ness of their meetings, and the time and place thereof, and to ap-
point such officers as they may think necessary for said purpose,
and shall appoint a teacher or teachers, fix their salary or salaries,
admit and expel scholars, and do all matters and things calculated
to promote the interest and design of this institution.
3. And be it enacted, That the said trustees, by the name afore-
said, shall be able and capable in law to sue and be sued, plead and
be impleaded, answer and bo answered, in all or any courts of jus-
tice whatsoever, and also to make, have and use, a common seal,
and to make, alter or renew the same at their pleasure, and to do
every other matter and thing which any similar corporation may
or can rightfully do.
4. And be it enacted, That the commissioners of the school fund
for Charles county, living in Durham Parish, may and shall, at
their discretion, upon application of said trustees, grant or have
paid to the said trustees any part of said fund which may be now
payable to their order; and it shall be the duty of said trustees,
and they are hereby required, to dispose of the said sum of money,
(if any shall be so allowed them,) according to the provisions of
the act of assembly providing for the education of poor children;
and it shall be the duty of the said trustees to return a statement
to the standing commissioners of the school fund, whenever so re-
quired to do in writing, by a majority of said commissioners,
shewing how the said sum has been disposed of by them, the num-
ber of poor children educated in the Union School of Durham Pa-
rish, in what branch of literature they may have been taught, and
what progress they have made; and whatever sum may thus be al-
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