University of North Carolina (1793-1962). Acts of the General Assembly and Ordinances of the Trustees, for the Organization and Government of the University of North Carolina

Acts of the General Assembly and Ordinances of the Trustees, for the Organization and Government of the University of North Carolina:
Electronic Edition.

University of North Carolina (1793-1962)

Funding from the State Library of North Carolina supported the electronic publication of this title.

Text transcribed by Apex Data Services, Inc.
Images scanned by Brian Dietz
Text encoded by Apex Data Services, Inc., Brian Dietz, and Elizabeth S. Wright
First edition, 2005
ca. 70K
University Library, UNC-Chapel Hill
University of North Carolina at Chapel Hill,
2005.

Source Description:
(title page) Acts of the General Assembly and Ordinances of the Trustees, for the Organization and Government of the University of North Carolina
35 p.
Chapel Hill
James M. Henderson
1859

Call number VCp378 UA8 (North Carolina Collection, University of North Carolina at Chapel Hill)

        The electronic edition is a part of the UNC-Chapel Hill digitization project, Documenting the American South.
        The text has been entered using double-keying and verified against the original.
        The text has been encoded using the recommendations for Level 4 of the TEI in Libraries Guidelines.
        Original grammar, punctuation, and spelling have been preserved. Encountered typographical errors have been preserved, and appear in red type.
        Any hyphens occurring in line breaks have been removed, and the trailing part of a word has been joined to the preceding line.
        All quotation marks, em dashes and ampersand have been transcribed as entity references.
        All double right and left quotation marks are encoded as " and " respectively.
        All single right and left quotation marks are encoded as ' and ' respectively.
        All em dashes are encoded as --
        Indentation in lines has not been preserved.
        Spell-check and verification made against printed text using Author/Editor (SoftQuad) and Microsoft Word spell check programs.

Library of Congress Subject Headings

Languages Used:

English

LC Subject Headings:

Revision History:

2005-09-27,
Celine Noel and Wanda Gunther
revised TEIHeader and created catalog record for the electronic edition.
2005-03-04,
Elizabeth S. Wright,
finished TEI-conformant encoding and final proofing.
2004-11-22,
Brian Dietz
finished TEI/SGML encoding.
2004-10-29,
Apex Data Services, Inc.
finished transcribing the text.

[Cover Image]

[Title Page Image]

ACTS
OF THE
GENERAL ASSEMBLY
AND
ORDINANCES OF THE TRUSTEES,
FOR THE
ORGANIZATION AND GOVERNMENT
OF THE
UNIVERSITY OF NORTH CAROLINA.

CHAPEL HILL:
PUBLISHED BY JAMES M. HENDERSON
1859.

Page 3

CONTENTS.

I ACTS OF THE GENERAL ASSEMBLY:
- 1. Establishing the University, . . . . . 5
- 2. For Raising Funds, . . . . . 9
- 3. Re-appointment of Trustees, . . . . . 11
- 4. Prohibiting the sale of Spirituous or Malt Liquors, . 13
II. ORDINANCES OF THE TRUSTEES:
- EXECUTIVE COMMITTEE, . . . . . 15
- LAWS FOR THE GOVERNMENT OF THE UNIVERSITY:
  - CHAP. 1. Of the Faculty, . . . . . 17
  - 2. Of the Bursar, . . . . . 19
  - 3. Of the Librarian, . . . . . 22
  - 4. Of the Literary Societies, . . . . . 24
  - 5. Of Admission into the University, . . . 24
  - 6. Of Collegiate Duties and Restrictions, . . 26
  - 7. Of Deportment of Students,
    - Religion--Morals--Intemperance, . . 28
    - Duelling--Prohibited Articles, . . 31
    - Towards the Faculty, . . . . . 32
  - 8. Of Examinations--Commencement Exercises--College Marshals, . . . 33
  - 9. Of Punishments, . . . . . 33

Page 5

ACTS OF THE GENERAL ASSEMBLY.

AN ACT TO ESTABLISH A UNIVERSITY IN THIS STATE.

[Passed at the Session of 1789.]

WHEREAS in all well-regulated Governments, it is the indispensable Duty of every Legislature to consult the Happiness of a rising Generation, and endeavor to fit them for an honorable discharge of the social duties of life, by paying the strictest attention to their Education:-- And whereas an University supported by permanent funds, and well-endowed would have the most direct tendency to answer the above purpose:

I. Be it therefore enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the Authority of the same, That Samuel Johnston, James Iredell, Charles Johnson, Hugh Williamson, Stephen Cabarrus, Richard Dobbs Spaight, William Blount, Benjamin Williams, John Sitgreaves Frederick Harget, Robert W. Snead, Archibald Maclaine, Hon. Samuel Ashe, Robert Dixon, Benjamin Smith, Hon. Samuel Spencer, John Hay, James Hogg, Henry William Harrington, William Barry Grove, Rev. Samuel M'Corkle, Adlai Osborne, John Stokes, John Hamilton, Joseph Graham, Hon. John Williams, Thomas Person, Alfred Moore, Alexander Mebane, Joel Lane Willie Jones, Benjamin Hawkins, John Haywood, Senior, John Macon, William Richardson Davie, Joseph Dixon, William Lenoir, Joseph M'Dowall, James Holland and William Porter, Esquires, shall be and they are hereby declared to be a body politic and corporate, to be known and distinguished by the name of The Trustees of the University of North Carolina; and by that name shall have perpetual Succession, and a common Seal; and that they, the Trustees and their Successors, by the name aforesaid, or a Majority of them, shall be

Page 6

able and capable in Law to take, demand, receive and possess all monies, goods and Chattels that shall be given them for the use of the said University, and the same apply according to the will of the donors, and by gift, purchase or devise to take, have, receive, possess, enjoy and retain to them and their Successors forever, any Lands, Rents, Tenements and Hereditaments, of what kind, nature or quality soever the same may be, in special trust and confidence that the same, or the profits thereof shall be applied to and for the use and purposes of establishing and endowing the said University.

II. And be it enacted by the authority aforesaid, That the said Trustees and their Successors, or a majority of them, by the name aforesaid, shall be able and capable in Law to bargain, sell, grant, devise, alien or dispose of, and convey and assure to the purchasers, any such Lands, Rents, Tenements and Hereditaments aforesaid, when the condition of the grant to them, or the will of the divisor, does not forbid it. And further, that they the said Trustees, and their Successors forever, or a majority of them, shall be able and capable in law, by the name aforesaid, to sue and implead, be sued and impleaded, answer and be answered in all Courts of Record whatsoever; and they shall have power to open and receive Subscriptions, and in general they shall and may do all such things as are usually done by Bodies corporate and politic, or such as may be necessary for the promotion of learning and virtue.

III. And be it further enacted by the authority aforesaid, That the said Trustees, in order to carry the present Act into effect, shall meet at Fayetteville, on the third Monday of the Session of the next General Assembly, at which time they shall choose a President and Secretary; and shall then fix the time of their next annual meeting; and at every annual meeting of the Trustees, the members present, with the President and Treasurer, shall be a quorum to do any business or a majority of the members, without either of those officers, shall be a quorum; but at their first meeting as above directed, there shall be at least fifteen of the above Trustees present, in order to proceed to business; and the Trustees at their annual meeting may appoint special meetings within the year; or in case unforeseen accidents shall render a meeting necessary, the Secretary, by order of the President and any two of the Trustees, signified to him in writing, shall by particular

Page 7

notice to each Trustee, as well as by an advertisement in the State Gazette, convene the Trustees at the time proposed by the President; and the members thus convened shall be a quorum, to do any business except the appointment of a President or Professors in the University, or the disposal or appropriation of monies; but in case of the death or resignation of the President or any Professor, the Trustees thus convened may supply the place until the next annual meeting of the Board of Trustees and no longer; and the meeting at which the seat of the said University shall be fixed, shall be advertised in the Gazette of this State at least six months, and notice in manner aforesaid to each of the Trustees of the object of said meeting.

IV. And be it further enacted by the authority aforesaid, That the Trustees shall elect and commission some person to be Treasurer for the said University during the term of two years; which Treasurer shall enter into bond with sufficient securities to the Governor for the time being, in the sum of five thousand pounds, conditioned for the faithful discharge of his office, and the trust reposed in him; and that all monies and chattels belonging to the said Corporation that shall be in his hands at the expiration of his office, shall then be immediately paid and delivered into the hands of the succeeding Treasurer; and every Treasurer shall receive all monies, donations, gifts bequests and charities whatsoever, that may belong or accrue to the said University during his office, and at the expiration thereof shall account with the Trustees for the same, and the same pay and deliver over to the succeeding Treasurer; and on his neglect or refusal to pay and deliver as aforesaid, the same method of recovery may be had against him, as is or may be provided for the recovery of Monies from Sheriffs or other persons chargeable with public monies; and the Treasurer of the University shall cause annually to be published in the State Gazette, for the satisfaction of the subscribers and benefactors, a list of all monies and other things by him received for the said University, either by subscription, donation, legacy or otherwise, under the penalty of one hundred pounds, to be recovered at the suit of the Attorney General, in the name of the Governor for the time being, in any Court of record having cognizance thereof and the monies arising from such Penalties shall be appropriated to the use of the said University.

Page 8

V. Be it further enacted by the Authority aforesaid, That all monies received by the Treasurer of the said University, shall be annually paid by him to the Treasurer of the State, who is hereby authorized and ordered to give a receipt to the said Treasurer of the University in behalf of the said Trustees, for all such sums by him received; and the said Treasurer shall pay annually unto the Treasurer of said University, six per cent interest on all such sums received by him in the manner aforesaid; which amount of interest paid by the State Treasurer as aforesaid, shall be allowed to him in the settlement of his accounts; and the said Trustees shall on no event or pretence whatsoever, appropriate or make use of the Principal of the monies by them received on subscription, but such Principal shall be and remain as a permanent fund for the use and support of the said University forever.

VI. And be it further enacted by the authority aforesaid, That on the death, refusal to act, resignation or removal out of the State, of any of the Trustees for the time being, it shall be lawful for the remaining Trustees, or any fifteen of them, and they are hereby authorized and required to elect and appoint one or more Trustees in the place of such Trustee or Trustees dead, refusing to act, resigned or removed, which Trustee or Trustees so appointed, shall be vested with the same powers, trust and authorities, as the Trustees are by virtue of this Act. Provided nevertheless, That the Trustee or Trustees so appointed, shall reside in the Superior Court District where the person or persons reside in whose room he or they shall be so elected.

VII. And be it further enacted by the authority aforesaid, That when the Trustees shall deem the funds of the said University adequate to the purchase of a necessary quantity of land and erecting the proper Buildings, they shall direct a meeting of the said Trustees for the purpose of fixing on and purchasing a healthy and convenient situation which shall not be situate within five miles of the permanent seat of Government, or any of the places of holding the Courts of Law or Equity; which meeting shall be advertised at least six months in some Gazette in this State, and at such Superior Courts as may happen within that time.

VIII. Be it further enacted by the authority aforesaid, That the Trustees shall have the power of appointing a President of the University,

Page 9

and such Professors and Tutors as to them shall appear necessary and proper, whom they may remove for misbehavior, inability or neglect of duty; and they shall have the power to make all such laws and regulations for the government of the University and preservation of order and good morals therein, as are usually made in such Seminaries, and as to them may appear necessary; provided the same are not contrary to the inalienable liberty of a citizen, or to the laws of the State. And the Faculty of the University, that is to say, the President and Professors, by and with the consent of the Trustees, shall have the power of conferring all such degrees or marks of literary distinction, as are usually conferred in Colleges or Universities.

IX. And be it further enacted by the authority aforesaid, That every person who within the term of five years, shall subscribe ten pounds towards this University, to be paid within five years, at five equal annual payments, shall be entitled to have one Student educated at the University, free from any expense of Tuition.

X. And be it further enacted by the authority aforesaid, That the public hall of the Library and four of the Colleges shall be called severally by the names of one or another of the six persons who shall within four years contribute the largest sums towards the funds of this University, the highest subscriber or donor, having choice in the order of their respective donations. And a book shall be kept in the Library of the University, in which shall be fairly entered the names and places of residence of every benefactor to this Seminary, in order that posterity may be informed to whom they are indebted for the measure of learning and good morals that may prevail in the State.

AN ACT FOR RAISING A FUND FOR ERECTING THE BUILDINGS, AND FOR THE SUPPORT OF THE UNIVERSITY OF NORTH CAROLINA.

[Passed at the Session of 1789.]

WHEREAS the General Assembly by their Act entitled, An Act to establish a University in this State, passed on the eleventh day of December Instant, have declared that a University shall be established and erected in this State, which shall be called and known by the name of The University of North Carolina: And whereas adequate

Page 10

funds will be found to be the means which will most effectually insure to the State the advantages to be hoped and expected from such an Institution:

I. Be it therefore enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, That a gift of all monies due and owing to the public of North Carolina, either for arrearages under the former or present Goverement, up to the first day of January, one thousand seven hundred and eighty-three, inclusive, (Monies or certificates due for confiscated property purchased, excepted) shall be, and is hereby declared to be fully and absolutely made, for the purpose of erecting the necessary Buildings, employing Professors and Tutors, and carrying into complete effect the Act before recited: And the Treasurer is hereby directed and required to commence suits, and to prosecute all persons owing as above mentioned, and the monies recovered in consequence thereof, to pay into the hands of the Trustees named in said Act or their Successors, to be applied to the purposes aforesaid. Provided, That nothing herein contained shall be construed to prevent the Treasurer or Comptroller from settling with and collecting from the Executors of Robert Lanier, deceased, late Treasurer of Salisbury District, such sums in cash or certificates, as may, on a final settlement of his acconnts, be found to be due to the public; nor shall it extend to prevent their collecting from the Sheriffs of that District, their arrearages of Taxes which became due under the present Government, and which ought to have been paid into the office of the said Lanier, as Treasurer aforesaid; provided they make such collection within the space of two years, after which time the arrearages of that District also shall be considered as being included in this gift.

II. And be it enacted, That all the property that has heretofore, or shall hereafter escheat to the State, shall be, and hereby is vested in the said Trustees, for the use and benefit of the said University.

III. And be it further enacted by the authority aforesaid, That the lands and other property belonging to the University aforesaid, shall be, and the same is hereby exempt from all kinds of public taxation.

Page 11

AN ACT TO CONSOLIDATE INTO ONE. THE SEVERAL ACTS OF THE GENERAL ASSEMBLY OF THIS STATE, RELATIVE TO THE APPOINTMENT OF TRUSTEES OF THE UNIVERSITY, FOR THE GOVERNMENT THEREOF, AND FOR OTHER PURPOSES.

[Passed at the Session of 1821.]

Be it enacted &c. That John Haywood, Benjamin Smith, William Polk, Henry Potter, Archibald D. Murphey, Duncan Cameron, Joseph Caldwell, Thomas Winns, Edward Jones, James Webb, Henry Seawell, Calvin Jones, John D. Hawkins, Robert H. Jones, Jeremiah Slade, Joseph H. Bryan, Robert Williams, William Gaston, Thomas Brown, Francis Locke, Montfort Stokes, Thomas Love, Archibald McBride, Atlas Jones, Lewis Williams, William McPheters, Frederick Nash, Thomas Ruffin, James W. Clark, John Stanley, Bartlett Yancey, Leonard Henderson, John Branch, William Miller, Simmons J. Baker, George E. Badger, Kemp Plummer, Thomas D. Bennehan, Willie P. Mangum, James Mebane, John Witherspoon, John B. Baker, James Iredell, William D. Martin, Joseph B. Skinner, James C. Johnston, Enoch Sawyer, Alfred Moore, John D. Toomer, John Owen, Gabriel Holmes, Romulus M. Saunders, Lewis D. Schweinitz and Thomas P. Devereux, are hereby declared to be Trustees of the University of this State, and the successors of the Trustees appointed by an Act of the General Assembly of this State, passed in the year one thousand seven hundred and eighty-nine, entitled, "An Act to establish a University in this State," and that the appointment of the Trustees aforesaid, is hereby confirmed, and they are declared to have all the power and authority heretofore conferred by law on the Trustees of said Institution.

2. Be it enacted, That the Board of Trustees of the University shall consist of sixty-five members, all of whom shall be resident citizens of this State.

3. Be it enacted, That the additional number of Trustees hereby authorized shall be elected by joint ballot of both Houses of the General Assembly, and that, hereafter, when any vacancy or vacancies, shall happen in the said Board, by death, resignation, refusal to act, removal out of this State or other cause, it shall be the duty of the President of the Board to communicate, or cause to be communicated by the Secretary, to the General Assembly, the said vacancy or vacancies

Page 12

and thereupon, they shall elect by joint ballot of both houses, a suitable person or persons to fill the same.

4. Be it enacted, That the Board of Trustees shall have power to vacate the appointment, and remove a Trustee for improper conduct, stating the cause of such removal on their journal: Provided, that the same shall be done at an annual meeting of the Board, and that there shall be present at the doing thereof, at least twenty of the members of the Board.

5. Be it enacted, That the Governor of this State for the time being, shall be, and he is hereby declared to be President of the Board of Trustees of the University, and as such, shall preside at all the meetings of the said Board at which he may be present: and if, by indisposition or other cause, the Governor shall be absent from any meeting of the Board, he may appoint, in writing, some other person, being a Trustee, to act as President for the time being, and who shall preside accordingly: and if, at any time, the Governor shall be absent at the meeting of the Board, and shall not have appointed, as aforesaid, a President, it shall be lawful for the Board to appoint a President for the time being, who shall preside as such.

6. Be it enacted, That there shall be an annual meeting of the Board of Trustees during the Session of the General Assembly, in the city of Raleigh, and at such time and place as the President of the Board may appoint; and at any of the annual meetings of the Board any number of Trustees, not less than seven, shall constitute a quorum, and be competent to exercise full power and authority to do the business of the Board; and the said Board or the President thereof shall have power to appoint special meetings of the Trustees, at such time and place as, in their opinion, the interest of the Institution may require; but no special meeting shall have power to revoke or alter any order, resolution or vote of an annual meeting.

7. Be it enacted, That in case the office of Secretary or Treasurer of the Board of Trustees of the University, shall be vacant from any cause whatever, in the recess of the Board the President shall appoint a suitable person to fill the same, until the annual meeting of the Board of Trustees, at which time the said Board shall elect a proper person to fill the said vacancy.

8. Be it enacted, That the second section of an Act passed in the year one thousand eight hundred and five, entitled, "An Act appointing

Page 13

the Governor for the time being, President of the Board of Trustees of the University," and that so much of the several acts of the General Assembly of this State, as is inconsistent with this Act, be, and the same is hereby repealed; and that this Act shall be in force from and after the ratification thereof.

AN ACT TO AMEND AN ACT, PASSED IN THE YEAR EIGHTEEN HUNDRED AND TWENTY-ONE, ENTITLED "AN ACT TO CONSOLIDATE INTO ONE, THE SEVERAL ACTS OF THE GENERAL ASSEMBLY OF THIS STATE, RELATIVE TO THE APPOINTMENT OF TRUSTEES OF THE UNIVERSITY, FOR THE GOVERNMENT THEREOF, AND FOR OTHER PURPOSES."

[Passed at the Session of 1824.]

Be it enacted &c,, That the Board of Trustees at their annual meeting, may, by resolution, vote or ordinance, from time to time, as to them shall seem meet, limit, control and restrain the business to be transacted, and the power to be possessed and exercised by special meetings of the Board, called according to the sixth section of the above recited act; and the powers of such special meetings shall be limited, controled and restrained accordingly. And every order, vote, resolution, or other acts done, made or adopted by any special meeting, contrary to any order, resolution, vote or ordinance of the Board, at an annual meeting, shall be absolutely, to all intents and purposes, null and void.

AN ACT CONCERNING THE UNIVERSITY OF NORTH CAROLINA.

[Revised Code, Chapter 113.]

1. Any licence granted to retail spirituous liquors, wines or cordials at Chapel Hill, or within two miles thereof, shall be void.

2. No person shall erect, keep, or maintain or have at Chapel Hill, or within two miles thereof, any tippling house, establishment or place, for the sale of wines, cordials, spirituous or malt liquor.

3. No person in the State, without permission in writing, from the President of the University, or some member of the Faculty, shall sell or offer to sell or deliver to any Student of the University, or to any other person, any cordial, wine, spirituous or malt liquor, for the purpose of being used, or with knowledge that the same will be used, at Chapel Hill, or within two miles thereof by any such Student.

Page 14

4. No person at or within two miles of Chapel Hill, shall give of furnish any electioneering treat or entertainment.

5. No person shall set up, keep or maintain at Chapel Hill, or within five miles thereof, any public billiard table, or other public table of any kind, at which games of chance or skill, by what ever name called, may be played.

6. No person, without permission in writing obtained therefor from the President of the University, or some member of its Faculty, seven days beforehand, shall exhibit at Chapel Hill, or within five miles thereof, any theatricals, slight of hand or equestrian performances, or any dramatic recitations or representations, or any rope or wire dancing, natural or artificial curiosities, or any concert, serenade, or performance in music, singing or dancing.

7. Any person who shall offend against any of the provisions of this chapter, hereinbefore recited, shall be deemed guilty of misdemeanor.

8. Any contract or agreement by any Student of the University, being then a minor, with any shop-keeper, merchant, trader, or other person, upon the sale of any wine, cordial, spirituous or malt liquors, or of any goods, wares or merchandise, or of any article of trade, or with the keeper of any livery stable, shall be void, unless the same, if made at or within two miles of Chapel Hill, be made under the written permission of the President of the University, or some member of its Faculty; or if made at a greater distance from Chapel Hill, under the written consent of the person who may have the control or authority of such Student.

9. Every contract made with a Student of the University, conrary to the provisions of the preceding section, shall be void, and may be avoided on account of any of the matters therein contained on the plea of the general issue; on the trial whereof, if it appear that the defendent was, at the time of the alleged contract, a Student of the University, it shall be presumed that he was, at the making thereof, a minor.

10. Every such contract shall be incapable of being confirmed, and any promise or obligation given by such Student, after his arrival at full age, shall be void.

Page 15

ORDINANCES OF THE TRUSTEES.

(Adopted January 2, 1835.)

EXECUTIVE COMMITTEE.

Be it ordained, That a Committee of seven members of this Board (of whom the President shall ex officio, be one) shall be appointed at every regular annual meeting of the Board, to be called "the Executive Committee of the Trustees of the University of North Carolina," a majority of whom shall form a quorum for transacting business: that all the duties heretofore assigned to, and powers vested in, the Land Committee, the Committe of Appointments, and the Building Committee, be, and they are hereby assigned to, and vested in, the Executive Committee hereby provided for.

The Secretary of the Board of Trustees shall be Secretary of the Executive Committee; he shall attend their meetings, and enter their proceedings in a regular Journal, to be kept for that purpose.

The Executive Committee shall have power to make such contracts for the sale of the property and effects, both real and personal, of the University, as they may deem best for the interest of the same.

The Executive Committee shall have power to alter, change and regulate the course of studies and discipline prescribed at the University, and to dismiss any Professor or Tutor for such cause as they may deem sufficient.

All the Acts of the Executive Committee, under the authority of this Ordinance, shall be fully stated in the Journal of this Committee, and shall be laid before the Trustees at the next regular annual meeting of the Board.

All former Ordinances and Resolutions of the Board of Trustees, creating a Committee of Appointments, a Land Committee and a Building Committee, are hereby repealed.

The Executive Committee to be appointed under this Ordinance, shall have power to fill all vacancies happening in their own body.

Page 17

LAWS
FOR THE
GOVERNMENT OF THE UNIVERSITY.

(Revised April 2, 1859.)

CHAPTER I.

OF THE FACULTY.

THE FACULTY of the University of North Carolina shall be composed of the President and Professors, a majority of whom being assembled, after due notice given by the President or presiding Professor, to all the members, shall be competent to the transaction of business.

2. Every matter brought before the Faculty, shall be decided by votes, and it shall be the additional privilege of the President, or presiding Professor, to give a casting vote, when otherwise there would be a tie.

3. The Professors shall take rank according to the date of their appointment.

4. The President may convoke the Faculty at his discretion, and the Faculty may also meet by adjournment.

5. The opinion or vote of any member of the Faculty, shall not be made known directly or indirectly to any one who is not a member of the body, except when express order shall be given to that effect by a unanimous decision of the Faculty.

6. A member of the Faculty shall not be a sitting member of any Society of Students.

7. It shall be the duty of every member of the Faculty individually, to be vigilant in carrying into effect

Page 18

every law of the College: and to report to the President or to the Faculty such transgressions as ought to be punished by that body.

8. The Faculty shall keep a record of their proceedings, the senior Tutor shall be their Clerk, and make a fair and regular entry of their transactions in a book kept for that purpose. This record shall be laid before the board of Trustees when required by them.

9. No act of the Faculty, which is not recorded by their order, shall be considered valid.

10. It shall be the duty of the Tutors to reside in the buildings of the University, to maintain order and decorum among the students, and to assist under the direction of the President and Professors, in the instruction of the classes. It is the duty of the Tutors to devote their time and attention exclusively, to the faithful instruction of the classes committed to them, constant and vigilant efforts to maintain discipline, or the prosecution of literary or scientific pursuits and investigations.

11. The Professors and Tutors shall, in succession, examine the rooms of the College, at least once a week, and see that cleanliness and neatness be preserved. In these visitations, they shall take an account of the locks, doors, windows and furniture, with the names of the inhabitants in each room. When damage of any description in the College buildings is at any time observed by a member of the Faculty, it shall be his duty to report it as soon afterwards as possible to the Bursar, that it may be immediately repaired.

12. It is the duty of every instructor to be punctual in the discharge of his duties, and especially to be present at the opening and close of each session, and during the entire period of every examination. He must not depart at the close, until the report is agreed upon, reduced to writing and signed by the presiding officer.

13. It shall be the duty of each instructor, when he is to hear a class recite, to go to the Recitation Room,

Page 19

and take possession of it a reasonable time before the hour for the bell to ring, to prevent assemblages of Students before the proper time, and to see that the Recitation Room is in a proper condition for the reception of the class. The recitation of the class shall continue through the hour, or at least until the bell shall give notice of its expiration.

14. Every Professor shall have a room appropriated to him in the College. It is expected of the Professors, as pertinent to their office, to pass as much of their time every day in these rooms, as they conveniently can, to aid in the order and instruction of the College. The Board of Trustees will also look to the Professors to visit in succession the rooms of the Students at night, as often as convenient.

15. The President is a Trustee, and the regular and proper organ of communication between the Faculty and the several members thereof, and the Board of Trustees, through whom all memorials or propositions relating to the Institution must be made.

16. The Faculty of the University, that is, the President and Professors, by and with the consent of the Trustees, shall have the power of conferring all such degrees or marks of literary distinction as are usually conferred in Colleges or Universities.

17. The degree of Bachelor of Arts shall not be conferred on any member of the College, until he shall have been a Student at least one year; but the honorary degree of Bachelor of Arts, may be conferred agreeably to former custom.

CHAPEER II.

OF THE BURSAR, ROOM-RENT, &C.

1. One of the Professors shall be appointed Bursar of the University. It shall be his duty to receive from the Students the money or drafts of money they may

Page 20

bring with them, and disburse the same in paying the Board, Tuition Fees, College Dues, and other necessary expenses of the Students. He shall keep an account of the money received and disbursed, for each Student, and at the close of each session, he shall render a copy of such account to the Parent or Guardian of each Student, and pay the balance (if any there be) to such Parent or Guardian, or to his or her written order.

2. Each Student on his arrival at the University, shall pay over to the Bursar all money, or drafts for money, which may be committed to him for the payment of College expenses; and for his so doing, shall be considered as acting under a pledge of honor.

3. It shall be the duty of the Bursar, at the beginning of each Session, to render to the Treasurer of the Board an account of all his receipts arising from tuition and room-rent, and from the deposits of the Student, for repairs and damages, and of his disbursements of the same, with the vouchers for said disbursement; and he shall pay into the Treasury at the close of each session all balances which may be in his hands.

4. At the beginning of every session, the Students shall pay in advance, five dollars each as room-rent, and at the same time deposit with the Bursar three dollars each, to repair any damage they may commit; which sum, as far as unexpended, shall be returned at the end of the session; but if the damage shall exceed the sum deposited, the author shall pay the excess.

5. A Student shall not live in the College buildings in the vacation, without permission expressly obtained from the Bursar, or in his absence from some member of the Faculty. The officer is expected to register the name of the Student thus permitted to reside, who is considered as pledging himself to make good all damages which he may commit. For all damages done in the room which he occupies, he is responsible, whether he cause them personally or not; and he may be directed

Page 21

to relinquish his residence in the buildings at any time in the vacation.

6. The Students, on leaving their rooms at the end of the session, or at any time during the vacation, shall put the keys of their rooms into the hands of the Bursar.

7. It shall be the duty of the Bursar, at the beginning of every vacation, to have the doors and windows of the public buildings carefully fastened, where they are not inhabited. And if damages be done which he could not prevent, and of which the authors are unknown, he shall repair them at the expense of the Board.

8. When a Student occupies a room at the beginning of a session, he shall continue in it until the end of the session, unless a change be permitted or directed by the Faculty.

9. If a Student be present at the beginning of a session, he may claim the room occupied by him at the end of the preceding session; but if not, it may be inhabited by the first occupant. More than two persons may not live in one room at any time, without permission specially obtained.

10. The Faculty may interdict any house in the village as improper for the reception of Students as boarders, on account of the irregularities in which they are permitted or tempted to live, or the disorderly and pernicious examples set before them.

11. A Student may not occupy a room for residence out of the College, till each of the rooms shall have two inmates. But Professors may receive Students to reside in their houses, and the Faculty may permit a Student to reside in the village, when they shall judge his situation requires such indulgence.

12. The Students shall keep their rooms clean, and shall not put or procure to be introduced into the College, filth of any kind. Nor shall they throw on the outside of the College, against the walls, or around the

Page 22

buildings, any sort of dirt or rubbish, under such penalty, as the offence may deserve.

13. If any Student shall cut or injure the buildings or furniture of the College, or in any manner disfigure or deface them, especially with obscenity, profaneness or vulgarity, he shall, beside making good the damage, be subject to such other punishment as may be judged necessary.

14. There shall be no ball-playing in or among the College buildings or against the walls. All athletic exercises must be kept at a distance, so as to prevent damage to the buildings and interruption to study. The use of camphene and burning fluid endangers life and property, and is prohibited in the College buildings, and in all rooms occupied by Students.

CHAPTER III.

OF THE LIBRARIAN AND LIBRARY.

1. No person but a Trustee or Member of the Faculty, shall at any time have access to the Library, without the presence of the Librarian or some officer of the College.

2. The Librarian, at the end of every session, shall present to the Faculty a written report of the state of the Library.

3. Such books as, by a determination of the Faculty, ought not to be taken out by the Students, may be consulted by them in the Library, on such days, and within such hours as shall be appointed by the Faculty.

4. A Student may not at any time, take down a book from the shelves of the Library. The Librarian alone is to deliver it to him, and return it to its place.

5. When a Student shall take a book out of the Library, he shall sign a receipt, in which the book shall be specified by the Librarian.

Page 23

6. A volume shall not be kept out of the Library more than one week, without being returned to the Librarian, and the receipt for it renewed. If any other person shall want the volume at the end of that time, the one who has already had it, shall not then take it out anew.

7. When a book shall be given out or returned, the Librarian shall examine it, to see if it be damaged or defaced; and if a Student shall deface or damage a book belonging to the Library, he shall pay according to the damage done, as estimated by the Faculty even to the replacing of the set. If he shall lose it he shall pay to the Librarian its value, as estimated by the Faculty, or else he shall replace it as above. If he shall fail to return it in two weeks after taking it out of the library he may be judged to have lost it, and the Faculty may proceed accordingly. If a Student shall refuse to comply with the decisions of the Faculty on these subjects, he may be admonished, suspended or dismissed, as the nature of the case may require.

8. The Librarian shall keep a catalogue of all the books of the Library. If any book shall be presented to the University, the name and residence of the donor shall be recorded.

9. The Librarian shall appoint a day and hour for delivering and receiving books, and shall attend once a week for these purposes.

10. While the Students are attending at the Library they shall observe an orderly deportment.

11. A Student shall not lend a book which he has taken out of the Library, without permission from the Librarian.

Page 24

CHAPTER IV.

THE LITERARY SOCIETIES.

The two Literary Societies, having by former compact agreed to apportion between them the College Buildings, and to make good the damages and dilapidations they may sustain, the following partition shall be recognized and respected, to wit: the East Building shall be known as the Philanthropic, and the West Building, as the Dialectic Hall, and the longitudinal apportionment of the South Building, as it exists at present, shall be maintained.

CHAPTER V.

OF ADMISSION INTO THE UNIVERSITY.

1. To take regular standing as a Student in the University, a candidate must sustain an approved examination before the Faculty on such parts of the plan of education as have been already prosecuted by the class into which he would enter.

2. To become a Student on partial or irregular standing, the candidate, if he be not twenty-one years of age, must exhibit a certificate from his parent or guardian, that he is permitted to enter on such terms. If he would prosecute any branch of science, into which any class is already advanced, he must be examined with approbation on such parts of the science, as the class has already completed.

3. Every Student at his admission, shall obtain a copy of the Laws, and a certificate with the name of the President, signed by himself, of the Students regular admission into the University; and these shall be at all times a necessary testimonial of his being a Student, to be shown when called for, to any member of the Faculty.

4. Every person on admission into the University, shall pay the College dues for the session, in advance

5. If a Student shall enter before the session shall be

Page 25

half elapsed, he shall pay for the whole session; if he shall arrive at the middle of the session or after it, he shall pay for half the session only; but room-rent shall always be paid for the whole session.

6. If any person whose object it is to become a Student, shall fail to report himself to the President on the first day after his arrival, he shall be excluded, if his reasons for delay be deemed invalid by the Faculty.

7. Any native of the State, desirous of prosecuting his studies in the University, who shall furnish satisfactory evidence of good talents, studious habits and exemplary morals, and who shall be unable to defray the expense of tuition, may, at the discretion of the Faculty, be admitted to all the recitations of the Classes, free from any demand for Tuition. Such beneficiaries may occupy the rooms of the College, free of rent, when the rooms are not necessary for the accommodation of such Students as pay tuition and room-rent.

8. The Faculty shall be authorized in all cases, when, from examination, reasonable hopes shall be entertained that deficiencies can be made up, to admit applicants for a single session, to whom regular standing shall be awarded at the end of that time, if the individual shall upon examination, be found entitled to it.

9. An applicant shall not ordinarily be admitted into the University under the age of sixteen; but any applicant exhibiting in the opinion of the Faculty, the requisite strength and maturity of physical and mental constitution, and ample acquirements, and producing satisfactory testimonials of established moral character and steady habits, may be admitted in the sound discretion of the Faculty, though he may not have attained this age.

10. A Student shall not be permitted to make any alterations in the studies which he has undertaken to prosecute in any session, until the session shall expire.

Page 26

CHAPTER VI.

COLLEGIATE DUTIES AND RESTRICTIONS.

1. The business of the University shall commence without delay, on the first day of the session, and except in cases where the Faculty shall, for special reasons, direct otherwise,--

2. From the 1st of November to the 15th of February, morning prayers shall be a quarter before 7 o'clock; the rest of the year, morning prayers shall be at sun-rise.--From the first of September to the first of May the hours of study in the forenoon shall be from 9 till 12, and from 2 till 5 in the afternoon; and the bell shall be rung for summoning the Students to their rooms at 8 o'clock in the evening. Through the other part of the year, the hours of study in the forenoon shall be from half past 8 till 12, and from 3 till 6 in the afternoon; and the bell shall be rung in the evening at 9 o'clock.

3. After the ringing of the bell at night, till breakfast on the following morning, the time not devoted to sleep is due to study, and it is the duty of the Student, if not engaged in the preparation of his lessons, to be in his room, and to maintain order and quiet there.

4. Every Student shall regularly and punctually attend the recitation of his class, at the place appointed by his Instructor, and at the ringing of the bell to give him notice. He is not to be at the door of the recitation Room nor within it, nor loitering about the doors or passages of the buildings, before such notice is given. His Professor or Tutor shall call him to account for absence or delay or neglect of preparation on the subjects assigned, and shall be the judge of his excuse. If a good reason be not shown for the delinquency, he may be cited before the Faculty to answer for it.

5. Whenever the absences of a Student other than those occasioned by sickness, or consequent upon permission either from morning or evening prayers, from divine worship or from recitation, shall exceed in any

Page 27

one month one third the whole number which such Student was bound to attend, the fact shall be reported to his Parent or Guardian, with a request that he be forthwith withdrawn from the Institution, or he shall be dismissed or suspended, at the discretion of the Faculty.

6. Every Student shall observe a strict propriety of conduct at recitation or lecture; refraining from everything which shall interrupt business, or divert the attention of others; he shall not recline or lounge upon the benches, nor be employed in eating, reading newspapers, nor any book or paper whatever, except such as the Professor or Tutor at the time shall direct. It is the duty of the Student to attend exclusively to the subjects of lecture or recitation, as they proceed, with a view to his own improvement and to that of the class. For gross or persevering violations of these rules of decorum, he may be forthwith dismissed from the room, when his Instructor shall deem it necessary.

7. No Student shall absent himself from the University during the session, without permission first obtained from the President, or the presiding Professor. But leave of absence from recitation may be granted to a Student by his Professor or Tutor.

8. If any Student shall be habitually indolent or inattentive to business, or absent from prayers, recitation or public worship, or at any other time when it shall be his duty to attend, he shall be subject to penalty according to the aggravation of his delinquency.

9. No Student without permission from the President or presiding Professor, shall go beyond the prescribed limits in study hours, or at any other time when the bell may call him to his duty.

10. A Student shall not receive visitors in his room, nor shall he visit others in the hours of study, without leave from a member of the Faculty.

11. No Student shall disturb or attempt any imposition on any of his fellow Students in any manner whatever;

Page 28

and every Student shall preserve order and decorum in his own room, and shall be responsible for all disorder committed in it, unless he give information, when in his power, of the person or persons from whom it proceeded.

12. At the ringing of the bell the first time in the morning, the Students shall rise to prepare for business. As soon as the bell shall ring a second time, they shall repair to the hall without delay and attend prayers.

13. No shouting, whistling, dancing, or any boisterous noise shall be permitted in the passages or rooms or from the windows of the College at any time, upon such penalty as the nature of the offence may, in the judgment of the Faculty, properly incur. The Students shall not station themselves, either singly or in groups in the doors or passages, at the well, or anywhere among the buildings, especially in the hours of study; and at any time when it shall appear necessary to the order of the College, such assemblies may be broken up and dispersed by any member of the Faculty.

14. A Student seen in the campus after the ringing of the notice bell at night may be held to an account therefor, and if found there in time of a disturbance, shall be deemed a participator.

CHAPTER VII.

DEPORTMENT OF STUDENTS.

* RELIGION.

1. If any Student shall deny the being of a God, or the divine authority of the Holy Scriptures, or shall assert and endeavor to propagate among the Students, any principle subversive of the Christian religion, he shall be dismissed.

2. Every Student, whether he live in College or in the village, shall attend public prayers morning and evening in the Chapel, and while attending shall refrain from all noise, presenting and conducting himself with

Page 29

such reverence and decorum as are suited to these sacred services. On Sunday it shall be the duty of every Student to be present at the reading or delivery of a sermon in the Chapel, at the hour appointed by the Faculty for that purpose. No whispering, talking, reading, eating, laughing, or indecent behaviour of any kind shall be allowed on such occasions.

3. The Students shall attend such instructions in morals or religion, as their Professors and Tutors or the Faculty jointly shall appoint on Sunday. And if any Student absent himself, or evade such instructions, he shall be punished by his instructor, or by the Faculty according to his offence.

4. Communicants may attend divine worship on the Sabbath, in the village, whenever there is service in the Churches to which they respectively belong.

5. On Sunday, the Students shall refrain from their ordinary diversions and exercises. They shall not fish, hunt or swim, nor shall they walk far abroad, but shall observe a quiet and orderly behaviour.

* MORALS.

1. All profane and indecent language shall be utterly excluded from the University. The Student who is guilty of using such language, and on being warned, still perseveres, shall be admonished, suspended or dismissed, according to his offence.

2. A Student shall not possess nor expose to another, any book or picture that is impious or obscene.

3. No Student shall make or attend horse-races, nor bet upon them. They shall not keep fowls, nor in any manner participate in sporting with them.

4. A Student shall not engage in a game of hazard, nor shall he make any bet.

5. If any Student shall use any indecent gesture or language to any other Student or person, he shall be liable to be admonished.

Page 30

6. If any Student shall be convicted of lying, he shall be admonished, suspended or dismissed, according to the degree of the offence.

7. A Student who shall reside within two miles of the University in the vacation, shall be subject to the laws of the Institution in regard to moral conduct, so as to be responsible for violations of them, when he shall apply for admission in the ensuing session.

8. If a Student shall strike another Student in anger, or in any manner be guilty of a breach of the peace, it is a high offence and shall be punished as such.

9. No insulting language or treatment shall be offered by a Student or any number of the Students, to the people of the village, the country around the University, or of any other place.

10. If any Student or Students shall destroy or trespass on the property in the village or elsewhere, the authority of the College shall inflict an exemplary punishment on him or them, and any combination to prevent the execution of the civil law shall be severely punished.

11. It is recommended to the Students to be plain in their dress, but it is required of them to be neat and cleanly. If any Student be negligent in this respect, it shall be the duty of the College officers to admonish him for it, and if he persevere, to report him to the Faculty.

* INTEMPERANCE.

1. If any Student shall be found guilty of intoxication during his connection with the University, he shall be dismissed. No application for the re-admission of any such Student shall be entertained for at least two months from the time of his dismission. If the decission be in his favor, he shall not be re-admitted, until he shall have passed an approved examination, on the studies pursued by the class in the meantime.

2. No Student shall go to a tavern, beer-house, or any such place, for the purposes of entertainment or

Page 31

amusement, without permission from some officer of the College; nor shall he, on any occasion, keep company with persons of publicly bad character, under penalty of admonition, and if the practice be continued, of suspension or dismission.

* DUELLING.

1. Every Student who shall send to any person a challenge or message, either in writing or otherwise, purporting to be a challenge to fight a duel, shall be expelled.

2. Every Student who shall be the bearer of any challenge or message, in writing or otherwise, purporting to be a challenge, or in any wise relating thereto; or who shall either directly or indirectly, have any agency therein, or in the duel that may be the consequence thereof, shall be expelled.

3. Any Student who shall accept a challenge to fight a duel, shall be expelled.

4. When a Student shall be expelled in consequence of the provisions of these Ordinances, he shall be delivered over to the civil authority, to be prosecuted as the law directs.

5. The Faculty of the University shall have full cognizance and jurisdiction of all offences under these laws against the atrocious act of duelling, and are hereby authorized and required to carry the same into full effect.

6. No Student shall keep a dog or fire-arms, or gunpowder. He shall not carry, keep or own at the College, or within the village of Chapel Hill, a sword, dirk, sword-cane, or any deadly weapon; nor shall he use fire-arms without permission from the President: and if any Student shall offend herein, he shall be suspended for a period of not less than three weeks, or be dismissed at the discretion of the Faculty.

Page 32

* TOWARD THE FACULTY.

1. At all times the Students shall deport and express themselves respectfully towards the Faculty, and every member of it. Any deficiency in this duty shall be considered as peculiarly in conflict with ths laws and principles essential to a College, and shall be punished accordingly.

2. If a Student making application for a privilege or immunity to one member of the Faculty, be refused, he shall not go to another member with the same request without informing him of the fact. His application, however, may be renewed, if he shall think proper, to the Faculty as a body.

3. If any Student on being requested by any member of the Faculty to open the door of the chamber where he is, shall refuse or delay to comply, the door may be forced open and the Student compelled to make good the damage, and be otherwise punished as the Faculty shall judge proper.

4. If in any such room in the College or Village, a member of the Faculty shall suspect that persons or spirituous liquors are concealed in a closet, recess, box, desk, bureau or other place, the Student may acquit himself of the suspicion, by opening and submitting such place to inspection; but if he decline to do so, he shall be deemed guilty of the suspected concealment, and punished accordingly.

5. If any Student shall be sent for by any member of the Faculty, and shall fail to come, he shall be held guilty of contempt of authority, and be punished accordingly.

6. If any clubs or combinations of Students, shall at any time take place, either for resisting the authority of the College, interfering in its government, showing disrespect to the Faculty; or to any of its members, or for concealing or executing any evil design, the Faculty are empowered and directed to break up all such

Page 33

combinations as soon as discovered, and to inflict a severer punishment on each individual, than if the offence intended had been committed in his individual capacity, whatever be the number concerned, or whatever be the consequence to the College.

6. Written petitions for the removal of grievances, shall not be signed by more than three Students.

CHAPTER VIII.

EXAMINATIONS--COMMENCEMENT EXERCISES--COLLEGE MARSHALS.

1. Should any Student be absent from examination, he may be summoned before the Faculty to show the reasons of such absence, and he shall be examined publicly by the Faculty, before he shall be permitted to join his class.

2. If a Student at an examination be found deficient, he may be publicly mentioned as a bad scholar by the Faculty or Trustees, admonished to greater diligence, or put into such class as may suit his standing.

3. On the day of Commencement, the candidates for the degrees, shall perform such exercises as shall be appointed them, and no candidate shall decline the excercise assigned him, under penalty of being refused his diploma.

4. Every person obtaining a diploma, shall pay to the President of the University, for the degree of Bachelor of Arts, four dollars, and for the degree of Master of Arts, five.

15. Nothing indecent, profane, or immoral, shall at any time be delivered on the public stage, under such penalty as the Faculty or Trustees shall think necessary.--And with a view to preserve all public exercises of the Students from impropriety of any kind, every Student, during the whole of his Senior year, and previously to his

Page 34

Commencement performances, especially, shall show to the President or to some officer designated by him, the whole of what he proposes to speak, and shall not fail to observe such corrections as shall be made, and if any Student pronounce anything in public of a censurable nature, in opposition to the corrections or directions of the officer to whom he has shown his piece, the President may stop him on the public stage, and he shall be otherwise censured as the Trustees or Faculty shall determine.

16. The Marshal and his four assistants, will, as heretofore, be recommended by the Senior Class and appointed by the Trustees; but the office shall be conferred on no one who is not shewn to be a regular member of the Junior Class, and punctual in the performance of his collegiate duties.

CHAPTER IX.

OF PUNISHMENTS.

The punishments authorized for enforcing the laws shall be:

1. Private admonition by a member of the Faculty.

2. Admonition before the Faculty, by the President, or in his absence, by any one of the members whom the Faculty shall appoint.

3. Admonition before the class to which the Student belongs, by the President, or in his absence, by one of the members of the Faculty.

4. Public admonition before all the Students. This may be accompanied with a public confession of the fault, and a promise of reformation.

5. Suspension for a fixed time, not exceeding six months. This may be attended with admonition before the Trustees.

Page 35

6. Dismission.

7. Expulsion; which punishment, except in cases of duelling, shall not be inflicted but with the sanction of five Trustees assembled.

8. When any Student shall be suspended, dismissed or expelled, the President or presiding Professor shall address a letter to the parent or guardian of such Student, informing him of the event and its cause.

9. Any Student who may be suspended or dismissed by the Faculty, shall depart within 48 hours, and shall not, during his suspension, or during the remainder of the session in which he is dismissed, reside within two miles of the University, upon pain of a change of sentence by the Trustees into that of expulsion. To this, exception is admissible, when the parents of the Student live within the assigned limits.

10. When a Student shall so persist in habits of indolence and neglect of collegiate duties, or in disorderly behavior, that there is no hope of reclaiming him to habits of industry and order, it shall be the duty of the President to address a letter to the parent or guardian of such Student, stating the circumstances and advising him to withdraw him from the Institution; provided nevertheless, that nothing herein contained shall be so construed as to prevent the Faculty from suspending any Student when the same shall appear necessary.

11. No Student shall associate or keep company with any person expelled from the University, on pain of such punishment as the Faculty shall think proper to inflict, consistently with the laws of the Institution; provided that such punishment shall not extend to expulsion.

I Certify that Charles E. French
has been regularly admitted a Student of the University of North Carolina.
D. L. Swain President.
[Back Cover Image]

Return to Menu Page for Acts of the General Assembly ... by University of North Carolina (1793-1962)

Return to The North Carolina Experience Home Page

Return to True and Candid Compositions Home Page

Return to Documenting the American South Home Page

Acts of the General Assembly and Ordinances of the Trustees, for the Organization and Government of the University of North Carolina: Electronic Edition.