North Carolina - Acts on Education Topics

An Act to Establish Graded Schools in Lexington, North Carolina.

1893 Public Laws: Chapter 526

Public Laws and Resolutions of the State of North Carolina Passed in 1893 - Pages 478-479.

The General Assembly of North Carolina do enact:

Section 1. That the commissionersof the town of Lexington, Davidson County, are hereby authorized to submit to the qualified voters of said town at such time within four months after the ratification of this Act and under such rules and regulations as the said commissioners may prescribe, the question of establishing graded schools in said town and whether an annual tax shall be levied for the support of such schools in said town, and they shall give thirty days notice of said election in some newspaper published in said town.

Sec. 2. That at the election held under the provision of this Act those voting who favor the levying of such tax shall vote a written or printed ballot without device with the words "For school" upon it, and those voting opposed to levying of such tax shall vote a written or printed ballot with the words "Against schools" upon it; and the penalties for illegal and fraudulent voting in this election shall be in all respects the same as in the annual election for mayor and commissioners of the said town of Lexington.

Sec. 3. That if a majority of said qualified voters shall vote at said election in favor of establishing said graded school, it shall be the duty of the board of commissioners of said town within thirty days after said election to elect five persons of integrity and ability, qualified voters of said town, who 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 and be sued, to plead and be impleaded, to contract and be contracted with, to purchase, hold and convey real and personal property for all the purposes of this Act; and the election of their successors shall be held at the time and in the manner of the next annual election of mayor and commissioners and annually thereafter, and the commissioners of said town are directed to order the election of said graded school board held by the inspectors and judges of the town election, and the vote therefor canvassed in like manner as for and at the same time of holding the election of mayor and commissioners, and the five persons, if qualified electors of said town, who shall receive the highest number of votes cast at said election shall constitute the graded school board.

Sec. 4. That if the 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 of 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 taxes shall be due and collected annually by the town tax collector as and at the time other town taxes are due and collected.

Sec. 5. That said taxes shall be paid over by the said tax collector of said town to the treasurer of said town, which officers shall give bonds, the former for collection and the latter for the safe keeping and proper distribution 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 school funds separate and apart from all other moneys, and shall pay out the same only upon a warrant or order stating for what use of said graded schools, signed by a majority of said school board and countersigned by the mayor of said town.

Sec. 6. For the purposes and benefits of this Act the town of Lexington shall be and constitute a public school district for both white and colored; and all public school funds derived from the state and said county for the use and benefit of the public school district so constituted shall be paid to said town treasurer by the treasurer of said county for the use and benefit of said graded school.

Sec. 7. That it shall be the duty of said graded school board to establish a graded school for white and one for colored children of said town, and apportion the funds derived from said special taxes or from any other sources whatsoever between said schools for white and colored.

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 to the mayor and commissioners of said town and publish the same in the newspapers published in said town; and said board shall also make to the state superintendent of public instruction and to the county superintendent all such reports as are required by the general law.

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

Ratified the 6th day of March, A.D. 1893.

Elias Carr, Governor
Rufus A. Doughton, Lt. Governor and President of the Senate
Lee S. Overman, Speaker of the House of Representatives

State of North Carolina,
Office Secretary of State,
Raleigh, June 13, 1893.

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

Octavius Coke,
Secretary of State.

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