North Carolina - Acts on Education Topics

An Act to Raise a Fund to Establish Free Schools in the County of Johnston, and for the Government Thereof.

1831-1832 - Chapter CXV

Acts Passed by the General Assembly of the State of North Carolina 1831-1832 - Pages 96-99.

Be it enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, That the County Court of Johnston County may, at the first court which shall be held after the first day of May next, and annually thereafter, at least ten justices of the peace being present, lay a tax, and cause it to be levied on all the property in said county which is liable to be taxed for State or county purposes, equal to not more than twenty-five per cent. per annum, on the whole amount of State and county, and parish taxes levied in said county; which shall be collected, held and used as a school fund for said county of Johnston, according to the rules and regulations hereinafter prescribed.

II. Be it further enacted by the majority aforesaid, That it shall be the duty of the sheriff or other collecting officer of said county to collect and account for the said taxes, under the directions of the County Court, according to the rules and regulations by law created for collecting other taxes in said county; and he may be required to give a bond to the chairman of said court, in the penal sum of two thousand dollars, conditioned for the faithful collecting and accounting for said taxes.

III. Be it further enacted by the authority aforesaid, That it shall be the dutyof the clerk of the County Court to take and receive from the sheriff the taxes aforesaid, who shall keep an account thereof, and hold the said monies in his office subject to the direction and control of the persons who are hereinafter authorized to manage the said fund; and the clerk shall give a bond with security, in the sum of two thousand dollars conditioned for the faithful discharge of the duties imposed by this Act, and the honest accounting for the funds aforesaid.

IV. Be it further enacted by the authority aforesaid, That the County Court aforesaid shall cause an election to be held for one trustee in each Captain's district in said county, each district electing its own trustee, of which election public notice shall be given; and in the said election each free white man who is taxed under this law shall have one vote; and the said trustees shall constitute a board, and held their appointment for two years from the time of their appointment; and the said board shall be styled "The Trustees of the Central County School of Johnston County."

V. Be it further enacted by the authority aforesaid, That the election of trustees shall be held at such time and places, as the County Court shall direct, within six months after the period when the taxes laid by this Act shall fall due, and biennially thereafter; and the said trustees, after their appointment, shall be notified thereof by the clerk of the County Court, and shall within twenty days thereafter assemble at Smithfield, and appoint one of their body president and another secretary, and give notice by advertsement of their proceedings, so that the citizens may know who the said president and trustees are.

VI. Be it further enacted by the authority aforesaid, That the trustees shall have power and authority to make rules and orders for their own government, and compel the obedience and attendance of the members of the board by fines, to be by them fixed, and which times shall be recoverable by a warrant before any magistrate, in the name of the clerk of the County Court and his succcessor in office, and when collected shall go to increase the school fund aforesaid.

VII. Be it further enacted by the authority aforesaid, That the said trustees shall, as soon as it can be done with the fund aforesaid, purchase a site and erect a school bouse or school houses in said county for the education of youths, with a farm attached if thought advisable; and the same shall be the principal or central school of said county, but the selection of said site shall be approved by the County Court before the same is purchased and improved; and the title of the said site and the land attached to it shall be made to the clerk of the County Court and his successor in office, in trust, for the use of the trustees aforesaid, and the purposes declared in this Act.

VIII. Be it further enacted by the authority aforesaid, That the trustees aforesaid shall have power to select from the several districts in said county, always having the same number from each district, poor and indigent male children, who shall be educated at said school in the English language only; and such indigent children shall be boarded together and clothed out of the said fund, during the time of their attendance at said school, free from any charge; and the said trustees shall have power to require, under such rules as they may prescribe, of any person taught at said school that he shall teach others either in his trade, or his books in said school, or other free school to be organized in said county until he shall come to the age of twenty one years; or they may require of him, if they think it best, after he has been educated as aforesaid, to aid in the cultivation of the farm aforesaid, for the time aforesaid; and no child whose father is living, shall be admitted in said school, unless his father will in writing under seal agree to submit, and cause his son to submit, to such regulations, which agreement shall be made with the trustees aforesaid and entered into by a deed executed to the clerk of the County Court aforesaid and his successor in office, in trust for the board aforesaid; and no orphan child shall be admitted in said school unless he shall have been bound as an apprentice to said trustees and their successors by the County Court; and the said trustees, and their successors are hereby declared to be able and capable in law to have apprentices bound to them: Provided always, that the said trustees shall furnish the said child during the term of his service aforesaid his necessary clothes and board: And provided further, that they may allow the parents, guardians or friends of said child to pay to the fund aforesaid a reasonable compensation for the education of the child aforesaid, and thereby release him from the obligation aforesaid, which compensation is to be fixed by a majority of said trustees at a regular meeting of the board.

IX. Be it further enacted by the authority aforesaid, That the said trustees shall have power and authority, with the fund aforesaid, to employ a teacher of ssid school, and some competent person to manage the farm attached to it, upon such terms as they may be able to agree on; and they shall report in writing every six months to the County Court the progress and condition of said school, the conduct of the scholars by name, and render with said report an account of the fund and the disbursements thereof.

X. Be a further enacted by the authority aforesaid, That the said trustees may have power and authority to admit in said school other students, not exceeding ten, until the fund shall be in a condition to warrant an entire exclusion of all but free scholars; and the rates of tuition and board of said scholars shall be uniform; but in no case shall any scholar who pays tuition be admitted over the age of thirteen years.

XI. Be it further enacted by the authority aforesaid, That when the fund by this Act created will justify, and the interest of the school require it, the trustees aforesaid may employ one or more arfificers as instructors of the youths belonging to the said school, and prescribe rules for the government both of the boys and master.

XII. Be it farther enacted by the authority aforesaid, That the trustees aforesaid may make such allowance as they may think reasonable to the clerk of the County Court for acting as their treasurer, and the clerk shall be entitled to no other compensation for his services, and he shall be entitled to no fees for apprentices bound to said trustees.

XIII. Be it further enacted by the authority aforesaid, That the president of said Central School shall have full power to call said board of trustees together, whenever he may think the good of the school requires it, five of whom, exclusive of the president, shall constitute a quorum for the transaction of business in all things, except in the expenditure of the funds, and in that case it shall require a majority of tho whole number to constitute a quorum.

Read three times and ratified in General Assembly,
this 14th day of January, A.D.1832.

Montfort Stokes, Governor
Charles Fisher, Speaker of the House of Commons
David F. Caldwell, Speaker of the Senate

A true copy - William Hill, Secretary



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