North Carolina - Acts on Education Topics

An Act to Establish a Graded School in the Town of Brevard in Transylvania County.

1885 Public Laws: Chapter 111

Public Laws of the State of North Carolina Passed in 1885 - Pages 161-163.

The General Assembly of North Carolina do enact:

Section 1. The commissioners of the town of Brevard are hereby authorized to submit to the qualified voters of said town at such time or times, not oftener than once in any one year, under such regulations as said commissioners may prescribe, whether an annual tax shall be levied therein for the establishment and support of a graded school in said town. That such qualified voters at such election shall vote on written or printed ballots the words "for school" or "against school," and the penalties for illegal or fraudulent voting in this election shall be the same as for the annual election of mayor and commissioners of said town of Brevard. In case a majority of the qualified votes of such election shall be in favor of such tax, the same shall be levied and collected by the town authorities under the same rules and regulations and in the same manner as other town taxes are or may be collected, and the tax collector shall be subject to the same liabilities for the collection and paying over of said taxes as he is or may be for other taxes: Provided, that the tax so collected shall not exceed thirty cents on the one hundred dollars' valuation of property and ninety cents on the poll, and the taxes thus levied shall be applied exclusively to tne support of a graded public school, which shall be free to persons within the school age living within the corporate limits of the said town as hereafter provided.

Sec. 2. The special tax thus collected from the taxable property and polls of white persons shall be applied and expended exclusively to the purpose of a graded public school which shall be free to all white persons within the school age living within the corporate limits of said town of Brevard; and for the education of colored persons within the school age living in said town, as hereafter provided.

Sec. 3. And the special tax collected from the property and polls of colored persons shall be expended exclusively for the education of colored children of both sexes within the school age residents in said town, by the same persons and as other free common school funds are or may be by law expended.

Sec. 4. If a majority of the qualified voters of the town of Brevard shall vote "for school," the commissioners of said town at their next regular meeting, and they or their successors in office, at their first regular meeting in the month of June annually thereafter, shall elect three qualified voters of the town of Brevard, who, together with the school committee for the school district composed of the town of Brevard for the time being, and the mayor of said town for the time being, shall be a body corporate, which shall be called "the board of education of the town of Brevard," and the said mayor shall be ex officio chairman of said board, but shall have no vote except in case of tie; and said board shall have full power and authority to carry out the provisions of this Act, and shall have full control and management of said Brevard Graded School; and each member of said board shall continue in office until his successor shall be elected or appointed and qualified, and a majority of said board shall constitute a quorum to do any business.

Sec 5. That said board of education of the town of Brevard may sue and be sued, have a common seal, purchase and hold real estate for the purpose of said corporation as herein expressed, not exceeding fifty thousand dollars in value, and may adopt rules for its government, not inconsistent with the constitution and laws of the State; and the said board shall receive and apply to the purpose of said graded school all public moneys from whatsoever source arising, which are or may hereafter be applicable to the common school education of white children within the school age, and residents within the town of Brevard.

Sec. 6. The principal and teachers of said graded school shall not be subject to the restrictions and limitations as to salary, prescribed by section fifty-one of chapter sixty-eight of Battle's Revisal, or any other such restriction now existing by law, but may be paid such compensation as said board may deem just and proper.

Sec. 7. This Act shall be in force from and after its ratification.

In the general assembly read three times, and ratified this the 21st day of February, A.D. 1885.

Alfred M. Scales, Governor
Charles M. Stedman, Lt. Governor and President of the Senate
Thomas M. Holt, Speaker of the House of Representatives

State of North Carolina,
Office of Secretary of State,
Raleigh, May 18th, 1885.

I, William L. Saunders, Secretary of State, hereby certify
that the foregoing (manuscript) are true copies of the
original acts and resolutions on file in this office.

William L. Saunders,
Secretary of State.

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