North Carolina - Acts on Education Topics

An Act to Establish Graded Schools in the Town of Smithfield.

1885 Public Laws: Chapter 253

Public Laws of the State of North Carolina Passed in 1885 - Pages 485-487.

The General Assembly of North Carolina do enact:

Section 1. That all the territory embraced within the bounds of white school district number forty, in Smithfield Township, Johnston County, shall be and is hereby constituted the "Smithfield Graded School District for White and Colored."

Sec. 2. That the board of commissioners of Johnston County are hereby authorized to submit to the qualified voters of said Smithfield Graded School District in said county on the first Monday in May, one thousand eight hundred and eighty-five, under such rules and regulations as they may prescribe, the question whether an annual tax shall be levied therein for the support of graded public schools for white and colored of said district; each voter shall vote written or printed ballot with the words "For School" or "No School" thereon, and said election shall be conducted under the same rules, regulations and penalties as are prescribed by law for the election for members of the General Assembly.

Sec. 3. That in the event of a majority of the qualified voters of said district being in favor of such tax, the same shall be levied and collected in the same manner as provided by law for the levying and collecting State and county taxes. The sheriff of Johnston County shall collect and pay over the same to the county treasurer under the same liabilities as are now provided by law for the collection and paying over county school taxes: Provided, that the special tax so levied and collected shall not exceed one-third of one per centum on the property and one dollar on the poll.

Sec. 4. That the special taxes thus levied and collected from the taxable property and polls of white persons shall be expended in keeping up a graded public school in said district for white persons of both sexes between the ages of six and twenty-one years, and the special taxes levied and collected from the taxable property and polls of colored persons shall be expended in keeping up a graded public school in said district for colored persons of both sexes between the ages of six and twenty-one years.

Sec. 5. That J. J. Harper, L. E. Kirkman, Dr. J. G. Rose, P. T. Massey, S. R. Morgan, D. W. Fuller, W. N. Benton, Seth Woodall, Robert Sanders, E. W. Pou, E. Redford and R. D. Lunceford, be and they are hereby constituted a board of trustees for the graded school for the white race; that said board shall have power to fill all vacancies in said board, to employ teachers, and to do all such acts as may be necessary to carry on said school for the white children.

Sec. 6. That Ashley W. Smith, Joseph Carroll, Marshall Avera, W. H. Brown, John W. Beckwith, Willie McCullers, Jared Whitfield and Wesley Whitfield, be and they are hereby constituted a board of trustees for the graded public school for the colored race. That said board shall have power to fill all vacancies, to employ teachers, and to do all acts which may be necessary to keep up the said school for colored children, under the supervision of the county superintendent of public instruction of Johnston County.

Sec. 7. That the public school money which may from time to time be collected under the general school law for public school purposes for the white children in said district, shall be applied to keeping up the graded school (public) for white children under the orders and direction of the board of trustees for said graded public school for white children, and the public school money so collected for public school purposes for the colored children in said district shall be applied to the keeping up of the graded public school for the colored children, under the rules and directions of the board of trustees for the graded school for the colored children, subject to the supervision of the county superintendent of public instruction.

Sec. 8. That the county treasurer of Johnston County and his sureties on his official bond shall be responsible for the proper disbursement of all moneys collected under this Act.

Sec. 9. That no trustee of either of said graded schools shall, while acting as such, be a teacher therein.

Sec. 10. That the board of trustees of the graded school for the whites in said district are authorized and empowered to purchase and hold for the purposes of such school a building and suitable grounds, or to purchase a suitable lot and build a house thereon, within the corporate limits of the town of Smithfield, or within one-fourth of a mile of said corporate limits, and to issue bonds with coupons attached for the purchase money, and to execute a mortgage on such property to secure such bonds. The interest on said bonds shall not exceed eight per centum per annum, and such coupons shall be receivable in payment of all taxes levied and collected for the maintenance of such school. The said trustees shall have power to sell so much of said property as they may deem advisable.

Sec. 11. That this Act shall be in force from and after its ratification.

In the General Assembly read three times, and ratified this the 6th 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.



© 2017 - J.D. Lewis - PO Box 1188 - Little River, SC 29566 - All Rights Reserved