North Carolina - Acts on Education Topics

An Act to Establish a Public Graded and High School in School District Number Eleven in Cabarrus County.

1885 Public Laws: Chapter 181

Public Laws of the State of North Carolina Passed in 1885 - Pages 346-352.
Click Here to view an earlier Act of January 13, 1885 that prompted the issuance of this Act.

The General Assembly of North Carolina do enact:

Section 1. That the board of commissioners of Cabarrus County are authorized and required to order an election to be held in school district number eleven of Cabarrus County on the first Monday in May next, and at said election to submit to the qualified voters of said school district the question of levying an annual special tax on the property and polls of white persons in said district, for the purpose of supporting and maintaining a public graded and high school for the white children in said school district, and for the purpose of paying the principal and interest of certain bonds hereafter mentioned, and to be issued in behalf of said school.

Sec. 2. That at said election those in favor of levying said special taxes shall vote "for school tax," and those opposed thereto shall vote "against school tax." And the election for this purpose shall be conducted in the same manner and subject to the same rules and regulations as are provided for the election of county officers by the general election law of this State.

Sec. 3. That if a majority of the qualified voters of said school district shall vote for school tax, the county authorities of Cabarrus County legally empowered to levy taxes shall, in addition to the other taxes levied upon said school district, annually compute and levy, at the time of levying other taxes, a sufficient special tax upon the property and polls of the white people of said school district to raise such a sum of money as the trustees hereinafter mentioned of said school shall report annually to said authorities as necessary yearly to support and maintain said school, which sum shall be not less than twenty-five hundred and not more than thirty-five hundred dollars annually, and the tax to raise the same shall not exceed annually one-half of one per centum on the property and two dollars on the poll of white persons in said school district. And at the same time said authorities shall compute and levy a special tax on the property and polls of the white persons in said school district, in such proportion on each as they deem proper, sufficient to regularly and promptly pay the interest on the bonds hereinafter authorized to be issued by the trustees of said school; and at the same time said authorities shall also compute and levy an additional special tax, in the same manner and on the same subjects of taxation, equal to one-tenth of the principal of said bonds to be issued by said trustees to create a sinking fund to pay the principal of said bonds; and the taxes for the support of said school and to provide for the payment of the principal and interest of said bonds shall be annually collected as other taxes are collected, and paid over by the sheriff, or other collecting officer, to the county treasurer, which officer shall give a good and sufficient qualified bond, to be approved by said commissioners, for the safe keeping and proper disbursement of said taxes. And the taxes levied and collected for these purposes shall be kept sacred, separate and distinct, by the officer having them in charge, from each other and from all other taxes, and each shall be used only for the purpose for which it was levied and collected: Provided, if at any time there shall be a surplus of the tax levied to support said school over and above what is necessary for this purpose, that said surplus may be applied to the interest or sinking fund as said trustees may direct. The sinking fund shall be used yearly if possible, in purchasing the bonds to pay the principal of which it was levied and collected; but if it is impracticable to annually invest said sinking fund in the purchase of said bonds, the same shall be invested as may be directed by the trustees of said school. And the tax for the sinking fund for the payment of the principal of said bonds shall be levied and collected no longer than is necessary to create a fund sufficient to pay off the principal of said bonds; of which sufficiency the trustees of said school shall be the judges. And said trustees shall report to the authorities levying said taxes when a sufficient sum is created as a sinking fund to pay off the principal of said bonds; and immediately after the election herein provided for, said trustees shall also report to the county authorities empowered to levy taxes, what sum said trustees deem necessary to support and maintain said school for the first year, and at the same time said trustees shall also report to said authorities what amount of bonds and the rate of interest thereon said trustees have issued in behalf of said school; and annually thereafter said trustees, thirty days prior to the time for levying county taxes, shall report to said authorities what sum of money is needed for the support of said school during the next year and the status of their bonded debt. And the taxes for the support of said school shall be paid out by the officer having them in charge on such warrant and to such person as shall be prescribed by the by-laws herein provided for. And the interest upon said bonds shall be promptly and regularly paid, by the officers having in charge the taxes for this purpose, on presentation of the coupons when due.

Sec. 4. That in order to ascertain the value of lands and other real property situated in said school district when the whole of said land or other real property does not lie in said school district, but part in said school district and part in another school district and in separate value or estimate has been placed on the part lying in said school district number eleven, the board of county commissioners of said county shall appoint three disinterested residents and freeholders in said school district number eleven, who shall assess the part or parts of lands or other real estate which shall lie in said school district number eleven for taxation, and shall report the value so assessed by them to the board of county commissioners; and the value so reported shall be the basis on which the said special tax to be levied under this Act, shall be levied on the reports of lands or other real property lying in school district number eleven, when the other part or parts of said real estate lie inside the boundaries of school district number eleven as it now exists, shall not be diminished while any part of the principal of the bonds herein authorized to be issued shall remain unpaid.

Sec. 5. The school herein provided for shall be kept up and maintained in said school district number eleven only for white persons of both sexes between the ages of six and twenty-one years.

Sec. 6. That W. J. Montgomery, W. G. Means, D. H. Cannon, J. S. Fisher, D. R. Hoover, Joel Reed and G. W. Brown, are hereby constituted a board of trustees for the graded, public and high school for the white children in school district number eleven of Cabarrus, and they and their successors in office are hereby created a body corporate under the name of "Trustees for the Graded, Public and High School of School District Number Eleven, Cabarrus County," and they and their successors shall have perpetual succession, may sue and be sued, plead and be impleaded, in all the courts of this State and the United States, have a common seal with right to alter the same at pleasure, make all by-laws and regulations expedient or necessary for the purposes of their incorporation, purchase, lease and hold and convey all property, real and personal, proper and requisite for their corporate purposes, have power to fill all vacancies occurring in said board, to employ and dismiss all officers and teachers of said school, and regulate their salaries, to prescribe, control and regulate the course of instruction in said school, to elect one of their number chairman, one as secretary, and such other officers as they deem best, combining one or more officers in one person as they think proper, and to do all acts proper and necessary for the best advantage of said school; and to said trustees any pupil may appeal, who is expelled, dismissed or suspended from said school by the officer or teacher of the school authorized by the by-laws to inflict or impose those penalties or punishments.

Sec. 7. That if a majority of the qualified voters of said school district number eleven shall vote "for school tax," the trustees herein provided for are hereby authorized and required to issue and sell coupon bonds in behalf of said school district in a sum not to exceed five thousand dollars, and in denominations not less than fifty and not more than one thousand dollars, to run for ten years from the first day of April, eighteen hundred and eighty-five (1885), bearing interest at a rate not greater than eight per cent, per annum on the principal of each bond, said interest to be paid annually on the first day of April in each and every year.

Sec. 8. That said bonds shall state upon their face for what purpose issued, and shall be signed by the chairman of said board of trustees, and countersigned by the secretary of said board of trustees. And said secretary shall keep a book suitable for the purpose, in which he shall keep an accurate account of the number of the bonds issued, the amount and number of each bond, and the person to whom sold and payable; and he shall also keep an accurate account of the coupons and bonds which shall be paid or cancelled, so that by inspection of said books, the true state of the bonded debt herein provided for may be readily seen and ascertained, and said books shall be at all reasonable times subject to the inspection of any tax payer in said school district or holder of said bonds.

Sec. 9. That the coupons or the bonds provided for herein shall be receivable in payment of any tax levied under this Act.

Sec. 10. That said bonds shall not be sold by said trustees for less than their par value.

Sec. 11. That the trustees appointed under this Act, in their corporate capacity, are hereby authorized to expend the money arising from the sale of the bonds herein provided for, to such an amount as to them seems best, in the purchase of a lot on which to erect a school building, in the erection of such a school building as they deem necessary, and in the furnishing of said school building; and if there be an excess of said money remaining after the above mentioned expenditures, the same shall be applied to the payment of the coupons attached to the bonds provided for in this Act.

Sec. 12. That the public school money which shall from time to time be collected under the general school law for the white children in said school district number eleven shall be applied to the support and maintainance of the graded, public and high school provided for in this Act, under the orders and directions of the board of trustees of said school.

Sec. 13. That the county treasurer of Cabarrus County shall be liable for the sums raised under this Act and paid to him, in the same way and to the same extent, and under the same penalties as he is now liable for the public school money.

Sec. 14. That the board of trustees aforesaid may admit as pupils in said school, children who reside outside of the boundaries of said school district number eleven, upon the payment of such sums as shall be fixed by said board of trustees.

Sec. 15. That the said board of trustees shall have the right to assess each pupil resident in said school district number eleven in a sum not exceeding twenty-five cents per month for incidental and other expenses; and if said sum so assessed be not paid by the parents or guardians of such pupils, the board of trustees shall have the right to expel said pupil from the school.

Sec. 16. That any person liable to pay the poll tax levied under this Act, failing to pay the same, shall be guilty of a misdemeanor, and upon conviction shall be fined not more than fifty dollars or imprisoned not more than thirty days.

Sec. 17. That if, for any reason, the result of said election shall be "against school tax," then the commissioners of Cabarrus County shall again order another election submit said questions mentioned in the first section of this Act to the qualified voters of said school district number eleven, whenever petitioned to do so by fifty white tax payers of said school district. And said election shall be ordered within forty days after said commissioners shall have received said petition.

Sec. 18. That said county commissioners, if they so determine, may, at the election mentioned in the first section of this Act, or at any election ordered by them under petition under this Act, submit the questions mentioned in the first section of this Act to the white voters only of said school district number eleven. And upon their said determination this Act shall be read and construed as if the words "of the white race" appeared immediately after the words "qualified voters" wherever said latter words occur in this Act.

Sec. 19. That this Act shall be in force from and after its ratification.

In the general assembly read three times, and ratified this the 2d day of March, 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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