250,000 dolls. appropriated for free schools. Proviso. Reserve for educating poor children. 100,000 dolls. and 100,000 An Act to create and establish a Fund for the support of Free Schools throughout this State.-Passed December 18, 1817. Vol. III. 325. Whereas, it is universally acknowledged, that in all well-regulated governments, and particularly that form of government under which we have the happiness to live; the education of youth, and the general advancement of useful knowledge, are objects of primary importance: And whereas, the present system of education in this State is not well calculated for the general diffusion and equal distribution of useful learning. 3. Sec. I. Be it therefore enacted, &c. That from and immediately after the passage of this act, the sum of two hundred and fifty thousand dollars be, and the same is hereby set apart and appropriated for the future establishment and support of Free Schools throughout this State;* Provided, that nothing contained herein shall prevent a future general assembly from repealing the whole, or any part of the above-recited law. Sec. II. It shall be the duty of his excellency the governor, so soon as a favorable opportunity may occur, to invest the above sum in bank or other profitable stock. Land Lottery Act of 1818, Vol. II. 416.-Disposing of the lands in 4. Sec. XXII. Lots Nos. 10 and 100, shall be reserved and set apart, in each surveyor's district, for the education of poor children. 5. Sec. XXIII. The proceeds arising from the sales of the fractions, if there be any after defraying the necessary expenses, be set apart as a permanent fund for the purpose mentioned in the preceding section. Act of 17th December, 1819. Vol. III. 102. 6. Sec. I. That his excellency the governor be, and he is authorof this fund, ized and required to vest in said stock [of Darien bank] the sum of dolls. of the one hundred thousand dollars of the fund heretofore set apart for the gation fund in establishment and support of Free Schools; and that his excellency Darien bank aforesaid, be, and he is authorized and required to vest in said stock, internal navi stock. Appropria the sum of one hundred thousand dollars of the fund heretofore set apart for the improvement of the internal navigation of this State. 7. Sec. II. The further sum of one hundred and seventy-five thoution for this sand dollars be, and the same is hereby appropriated, to be drawn for from time to time, as future instalments shall be required. purpose. Real estate of academies ation. An Act to exempt from Taxation the Real Estate belonging to the 8. From and immediately after the passing of this act, all the real free from tax- estate belonging to, or attached to the different Academies of this State, shall be exempt from taxation, together with all such Academies as may hereafter be established-any law or usage to the contrary notwithstanding. Never to be appropriated to any other purpose. Res. of Dec. 1820. See Sec. 50. An Act to amend an Act, entitled an Act to point out the mode under which property reverting to this State shall be disposed of, and for the promotion of Literature, and for the encouragement of the County Academies.-Passed Dec. 21, 1820. Vol. IV. 246. All such funds as now are, or hereafter may come into the possession of this State, or that now are, or may hereafter become due to the same on account of confiscated or reverted property, or the sales thereof, and for forfeited land, and all such funds as may accrue to the State under the several escheat laws thereof, provided such escheated property has not heretofore been set apart to other special purposes by law, be, and the same is hereby set apart as a fund for the promotion of literature, and the advancement of the county academies in the manner heretofore pointed out. 9. Sec. II. The fund herein contemplated and set apart for literary Funds from purposes, shall be distributed among the several county academies in confiscated, this State, in such proportions as appears to be still due as contem- escheated plated by the act of 1792. forfeited, or property, to be distributed County acad 10. Sec. III. Whatever sum may hereafter be received by any among the county academy from the fund contemplated in this act, shall be con- emies, as unsidered upon the same footing as if the same had have been received der the Act of out of the fund contemplated by the act of 1792.* An Act for the permanent endowment of County Academies, and to increase the funds heretofore set apart for the encouragement and support of Free Schools, and for the internal improvement of the State.-Passed Dec. 21, 1821. Vol. IV. 9. 1792. What are County academies. apart; half for Acade composed. 11. Sec. I. The sum of five hundred thousand dollars, be and the $500,000 set same is hereby set apart, the one half for the support and encourage- for Free ment of free schools, and the other half for the permanent endowment Schools, half of county academies; and the further sum of five hundred thousand mies dollars be and the same is hereby set apart for the internal improve- $500,000 for Int. Imp. ment of the State. 12. Sec. II. The said sum of five hundred thousand dollars, first School Fund above named, shall be denominated the School Fund, and shall be of what to be composed of two hundred thousand dollars of the stock of the Bank of Darien, two hundred thousand dollars of the stock of the State Bank, and one hundred thousand dollars of the Bank of Augusta. The fund Int Imp. to be denominated the Internal Improvement Fund shall be composed composed. of one hundred thousand dollars heretofore vested in stock of the Steamboat Company, one hundred and twenty-five thousand dollars in stock of the Bank of Darien, two hundred thousand dollars in stock of the State Bank, and seventy-five thousand dollars in stock of the Planters' Bank. Fund of what 13. Sec. III. The principal sums set apart as aforesaid shall at no Interest only time, or for any purpose, be appropriated or used: but the interest to be applied. arising thereon shall be applied to the purposes herein before mentioned, as the legislature may from time to time direct. different 14. Sec. IV. It shall be the duty of the Treasurer, Comptroller- Reports to be general, Trustees or Commissioners of county academies, and the In- made by the ferior Courts of the several counties within this State, together with Counties. the Senators of said counties, to examine and make full and accurate report to the next legislature of the amount received by said counties But see subsequent acts. Dividends of oue-half respectively, in confiscated property or other endowment; and when School Fund such returns are made, and information obtained, the dividends yielded by the one half of the school fund aforesaid, shall be apportioned and paid semi-annually to the several counties, as a future legislature may direct. to be paid semi-annual ly. Subject to be altered by a [Sec. V. superseded by subsequent acts.] 15. Sec. VI. Nothing in this act contained shall be so construed future legis- as to prevent any future General Assembly from altering or repealing this act, or any part thereof. lature. $12,000 of Poor School An Act to dispose of and distribute the Bank Dividends and other net proceeds of the Poor School Fund among the different Counties of this State.-Passed Dec. 23, 1822. Vol. IV. 11. 16. Sec. III. It shall be the duty of his excellency the governor to fund to be di- cause the sum of $12,000 of the bank dividends, and other net proceeds of the poor school fund to be divided among the different counties, in proportion to the number of poor children returned as above.* vided. What chil dren to be schooled. Certain dividends to be divided among the several Counties. Manner of distribution. Where no portion, &c. 17. Sec. IV. Provided, that no child shall be sent to school and paid for out of said fund, when such child has been taught reading, writing, and the usual rules of arithmetic. [The rest of the section afterwards re-enacted.] 18. Sec. VI. No child shall be sent to school under the age of eight years, or exceeding eighteen years; and no child shall be sent to school at public expense more than three years. [The rest of this statute incorporated in subsequent acts.] An Act to distribute certain funds among the several Counties in the 19. The dividends, which have been declared upon the bank stock heretofore set apart for the endowment of county academies, and also all monies now in the treasury, which have arisen under the several laws of this State, upon the subject of escheats and of confiscated reverted property be, and the same are hereby directed to be divided among the several counties of this State, in the following manner, to wit: That each county shall have an equal part of the sum to be distributed, until each shall have received $2,000, including the amount already received in cash or in confiscated property, calculating the confiscated property at the rate of one-eighth of the amount given for the same; after which, each county shall have a distributive share of the funds arising, in proportion to the representation from each county.† [Sec. II. repealed. See Sec. 45.] 21. Sec. III. In counties in which there are no academies, and in Inf. Courts to which the census may have been taken as aforesaid, the Inferior draw the pro- Courts of said counties respectively have power to draw the proportion which said counties may have a right to claim under this Act, to be by them applied to the purposes of education in said counties.‡ [Sec IV. and V. incorporated in subsequent acts.] As returned by the trustees through the senators. See Sec. VI. of act of 1828. Sec. 37 of this title. Representative population. See act of 1832. Sec. 44 of this title. An Act to be entitled An Act to alter and amend an Act passed the twenty-third day of December, eighteen hundred and twenty-two, to distribute the Bank Dividend and other net proceeds of the Poor School Fund among the different Counties in this State.-Passed Dec. 22, 1823. Vol. IV. 14. fund to be dis an nually among 22. From and after the passing of this Act the sum of twenty $20,000 of the thousand dollars out of the proceeds of the poor school fund, and the Poor School same is hereby set apart and distributed annually among the different tributed counties of this State, in proportion to the number of free white popu- the Countes. lation* in each county, which population shall be ascertained by the census next to be taken, and which shall be considered as the population of said counties, until it shall be again taken, according to law, for the purpose of educating such children who are destitute of the means of education. [Sec. II. Directing the bond and qualification of trustees, re-enacted.] office. 23. Sec. III. The trustees aforesaid shall hold their offices during Term of good behavior, and a majority of them shall be competent to the Trustees' transaction of business; and should either of them fail or refuse to do their duty as trustees, the Inferior Court shall have power to remove them, and appoint others in their place. [Sec. IV. and V. re-enacted.] 24. Sec. VI. The trustees shall purchase a good and sufficient Shall register bound book, to be paid for out of the school poor proceedings, for the money, pur- and make pose of registering all the proceedings of this institution, and shall return. make an annual return thereof to the Senatus Academicus, by the Senator elect from their county. of Trustees, ings for viola 25. Sec. VII. His excellency the governor be, and he is required Manner of to transmit to the Justices of the Inferior Court, in each county in taking bonds this State, a dedimus to be sworn, and subscribed to before them, and and proceedalso blank bonds, which dedimus and bonds when executed agreeably tion thereof. to the requisitions of this act, shall be deposited in the Clerk's Office of the Superior Court; and in case a breach or violation of the duty enjoined by this act, by any trustee, may be sued by the Inferior Court of said county, and the amount recovered thereon shall, after defraying necessary expenses, go to and become a part of the poor school fund of said county. So much of the act of which this is amendatory, as militates against Repealing this act, is hereby repealed. An Act to compel persons holding Academy Funds in their hands, to pay interest in certain cases.-Passed Dec. 20, 1824. Vol. IV. 22. clause. Persons Academy 20 per cent. per annuin. 26. Sec. I. All and every person or persons, who now has, or hereafter may have, in his or their hands, any money belonging to acade- withholding mies, other than the trustees of said academies, or persons entitled by funds, to pay law to have the same, which has arisen from the sales of confiscated property or otherwise, shall pay at and after rate of twenty per cent. per annum, until they shall have settled and paid the same to the trustees of academies, or other persons entitled by law to have and receive the same. 27. Sec. II. Any person or persons, whether trustees, commission- Same of ers, or agents of any academy in this State, who shall refuse, when Commission ers, &c. Representative population. See act of 1832. Sec. 44 of this title. Where no required by a majority of the trustees or commissioners of said academy, to pay over to the treasurer or other person appointed by said commissioners or trustees as aforesaid, within ten days after demanded, all sums belonging to said academies in their hands, shall be liable to pay the same interest, until paid, as persons in the first section of this act subjected to, for holding funds, unaccounted for, any law to the contrary notwithstanding. An Act to authorize the Justices of the Inferior Court of the different Counties in this State, in certain cases to draw for and dispose of the Dividends of the Poor School Fund to which their Counties may respectively be entitled.-Passed June 11, 1825. Vol. IV. 31. 28. In all the counties in this State, where no trustees have been, Trustee, In- or may hereafter be appointed, in conformity to the act passed on the authorized to twenty-second day of December, eighteen hundred and twenty-three, ferior Courts draw their proportion. Trustees who have failed to turns, may do money. Clerks of the Court of Ordinary ap Trustee of the Poor School fund. Shall give bond, and take an oath. for distributing a portion of the poor school fund, it shall and may be lawful for the justices of the Inferior Courts of said counties respectively, to draw for, and dispose of the dividends to which their counties may respectively be entitled, in such manner as they may think will best promote the intention of the Legislature, any thing in said law to the contrary notwithstanding: Provided, however, that the justices aforesaid shall make annual reports to the Senatus Academicus of their actings and doings in the premises, showing the plans pursued by them respectively. An Act for the relief of the several Counties in this State, in which the 31. In all cases where the trustees of any poor school funds in this State shall have failed to make their returns in terms of the law in such cases made and provided, they shall be allowed to make returns for the ensuing year, embracing returns for the past years, and that thereupon they shall be entitled to receive such sum as they would have been entitled to, if they had made their returns regularly. An Act to be entitled An Act for the better distribution and application of the Poor School Fund, and to point out the mode of accounting for the disbursement of the Academy and Poor School Funds.Passed Dec. 22, 1828. Vol. IV. 49. 32. The clerks of the Courts of Ordinary, in the several counties in this State, are hereby appointed sole trustee of the poor school fund, pointed sole who shall be capable of suing and being sued, under the name and style of "the Trustee of the Poor School Fund;" the said trustee shall, before he enters upon the duties of his office, give bond with approved security, to the justices of the Inferior Court of his county, in the sum of one thousand dollars, for the faithful performance of his duty as trustee, and at the same time take and subscribe the following oath, before the justices of the Inferior Court, or a majority of them, to wit: I, —, do solemnly swear, that I will faithfully perform and discharge the duties of trustee of the poor school fund, for the county of as the law directs; that I will not, nor shall any person for me or themselves, by or with my consent or knowledge, use any money or The oath. |