North Carolina - Acts on Education Topics

An Act to Establish Graded Schools in the Town of Concord, North Carolina.

1891 Public Laws: Chapter 285

Public Laws of the State of North Carolina Passed in 1891 - Pages 233-235.

The General Assembly of North Carolina do enact:

Section 1. That the board of commissioners for the town of Concord, Cabarrus County, shall, on the first Monday of the month of May next ensuing, submit to the qualified voters of said town the question of establishing graded schools in said town, and shall give thirty days' notice of said election in the newspapers published in said town.

Sec. 2. That said election shall be held by the inspectors and judges hereafter to be appointed by said board of commissioners to hold the election for mayor and commissioners as provided in the charter of said town on said first Monday of May next, and the qualified voters of said town shall vote at said election tickets on which shall be written or printed the words "For school" or "Against school," and on said tickets "For school" shall be written or printed the names of four persons, one from each ward of said town, and also the names of two other persons who shall represent said town at large, and said votes shall be canvassed in the manner provided in the charter of said town for canvassing the votes for mayor and commissioners; and said six persons who shall receive the highest number of votes cast at said election shall constitute the board of school commissioners, and shall have the care and direction in all things pertaining to the establishment and control of said graded schools, and shall be a body corporate under the name of the "Graded School Board," with power to sue, to be sued, to plead and be impleaded for all the purposes of this Act, and said election for said school commissioners shall be held annually thereafter in the manner prescribed in this section.

Sec. 3. That if a majority of said qualified voters shall vote at said election in favor of establishing said graded schools, it shall be the duty of the board of commissioners for said town, and their successors, to levy annually a special tax not exceeding twenty cents on the hundred dollars' valuation of all the taxable property of said town and upon the poll not exceeding sixty cents, and said tax shall be collected annually by the tax-collector as other taxes are collected.

Sec. 4. That said taxes shall be paid over by the tax-collector of said town, after deducting a commission of two and one-half per centum for the collection of the same, to the treasurer of said town, which officers shall give sufficient bonds, the former for the collection and the latter for the safe keeping and proper disbursement of said special taxes and other funds that may come into his hands for the use of said graded schools, and said treasurer shall keep said funds separate and apart from all other moneys, and shall pay out the same only upon the warrant or order, for the use of said graded school, signed by a majority of said board of school commissioners and countersigned by the mayor of said town.

Sec. 5. That all public school funds derived from the state and said county for the use and benefit of the public school districts of said town shall be paid to said town treasurer by the treasurer of said county for the use and benefit of said graded schools; and the property, both real and personal, of said public school districts shall become the property of said graded schools and shall be vested in the said "graded school board" in trust for said graded schools, and the said "graded school board" may sell the same and apply the proceeds to said graded schools: Provided, that in the event of the discontinuance of said graded schools, all of the property thereto belonging shall revert to and become the property of said public school districts of said town: Provided further, that the said property belonging to or used for the graded schools for white children shall revert to the public school districts for white children, and said property belonging to or used for the graded schools for colored children shall revert to the public school districts for colored children.

Sec. 6. That it shall be the duty of said board of school commissioners to establish a graded school for white children and one for the colored children of said town, and apportion the funds derived from said special taxes, or from any other source whatsoever, between said graded schools for white and colored children, so as to equalize school facilities between the two races.

Sec. 7. That in the event of the issue of bonds during the present or succeeding year by the board of commissioners for said town by legislative authority or otherwise, it shall be the duty of said board to appropriate out of the proceeds of the sale of said bonds the sum of thirty-five hundred dollars to be applied to the erection of suitable buildings for graded schools, under the direction [of] said board of school commissioners.

Sec. 8. That it shall be the duty of said board of school commissioners to make annually a full and complete report of the operations of said graded schools, together with such reports as are required by the general law from school commissioners, to the mayor and commissioners of said town, and publish the same in the newspapers published in said town.

Sec. 9. That this Act shall be in force from and after its ratification.

Ratified the 4th day of March, A.D. 1891.

Daniel G. Fowle, Governor
Thomas M. Holt, Lt. Governor and President of the Senate
Rufus A. Doughton, Speaker of the House of Representatives

State of North Carolina,
Office Secretary of State,
Raleigh, June 13, 1891.

I, Octavius Coke, Secretary of State, hereby certify that the fore-
going are true copies of the original acts and resolutions on file in
this office.

Octavius Coke,
Secretary of State.



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