North Carolina - Acts on Education Topics

An Act to Aid Public Schools by Local Assessments.

1895 Public Laws: Chapter 44

Public Laws and Resolutions of the State of North Carolina Passed in 1895 - Pages 59-61.

The General Assembly of North Carolina do enact:

Section 1. That upon written petition signed by ten freeholders, they being qualified voters of any public school district, it shall be the duty of the board of county commissioners or county trustees, as the case may be, to order an election and post a notice for thirty days, signed by their chairman, at three public places in such district, notifying the voters of such district that there will be held in said district an election to submit the question of assessment in such district in aid of the public school in said district. The assessment shall not exceed twenty-five cents on the hundred dollars valuation of property, and seventy-five cents on the poll. Said election shall be held on the first Monday in May next, and every two years thereafter. The chairman of the board of commissioners, or trustees as the case may be, shall issue a written order to the school committee, signed by the chairman of said board, to submit to the qualified voters of such district whether an assessment shall be levied and collected therein for the support of the public school in said district. Said committee shall also give thirty days' notice of the time and place at which said election shall be held. Said notice shall be posted at three public places in said district. After being sworn by a justice of the peace, or other person authorized to administer oaths, a majority of said committee shall open the polls, hold said election, count the votes, and shall report to the board of county commissioners or county trustees at the next regular meeting after said election the result thereof. Each voter shall deposit a ballot upon which shall be written or printed the word "Assessment," or the words ''No Assessment," and said election shall be held and conducted in all other respects under the same rules, regulations and penalties as are prescribed for the election of members of the General Assembly.

Sec. 2. In case a majority of the votes cast at said election shall be in favor of such assessment, the board of commissioners or trustees, as the case may be, shall direct their clerk to make out from the tax list of the township in which such district is situated a list of all the taxable property and polls in such district, and it shall be the duty of the school committee of such district to aid the clerk in making out said list, and said clerk shall deliver said list to the sheriff of the county, with an order, signed by the chairman of the board of county commissioners or trustees and the clerk, to said board commanding the sheriff to collect said assessment in like manner as provided for the collection of state and county taxes, and said sheriff shall collect and pay over the same to the county treasurer, less five per cent. for commission. And the official bond of said sheriff shall be liable therefor, as provided in county school tax.

Sec. 3. That all children eligible to the common schools in any district are entitled to all the benefits of this Act.

Sec. 4. That the treasurer of any county wherein such assessment shall be levied and collected shall receive and disburse the same, and his sureties on his official bond shall be responsible for the proper disbursement of all moneys collected under this Act.

Sec. 5. The assessments thus collected shall be subject to the orders of the school committee of such district, for payment of teachers or building a schoolhouse: Provided, that so much of said assessment as shall not be expended in any school district in any one year, shall remain to the credit of said school district for the ensuing year.

Sec. 6. That all orders upon said treasurer for the payment of teachers shall be paid out of said assessment, duly countersigned by the county superintendent of public instruction, or other person performing the duties now performed by the county superintendent, and shall be signed by the school committee of the district in which the school is taught, which orders duly indorsed by the person to whom the same are made payable, shall be the only valid vouchers in the hands of said treasurer.

Sec. 7. It shall be the duty of said treasurer to keep a book, in which he shall open an account with each school district, showing amount of assessment collected and paid out in each district; he shall balance the accounts of each district on the thirtieth day of November in each year, and shall report by letter or by printed circular to each school committee the balance due each district from the preceding year.

Sec. 8. Said treasurer shall, on the first Monday in each year, report to said board, or to the officers performing the duties now performed by the board of education, the amounts of money received from the sheriff from each school district.

Sec. 9. The said treasurer shall, when required so to do by said board, produce his books and vouchers for examination, and shall also exhibit all money due said districts at each settlement required by this Act.

Sec. 10. The said treasurer shall receive as compensation in full for all services required of him by this Act not exceeding one and a half per centum on account of disbursements.

Sec. 11. The treasurer of each county shall report to the superintendent of public instruction on the first day of July of each year the entire amount received by him under this Act during the preceding school year, the amount received from property and polls separately.

Sec. 12. The sheriff of each county shall pay, in money, to the treasurer thereof on or before the first day of February of each year the whole amount collected under this Act, and on failure so to do shall be guilty of a misdemeanor, and on conviction shall be fined not less than two hundred dollars, and shall also be liable on his official bond for his default in such sum as will fully cover such default; said action to be brought to the next ensuing term of the superior court, and upon the relation of the board of county commissioners, or county trustees, for and in behalf of such district.

Sec. 13. It shall be the duty of the county superintendent of public instruction to countersign all orders given by the several school committees upon the treasurer in payment of teachers' salaries, and it shall not be lawful for the said treasurer to pay such orders unless the same have been countersigned by the county superintendent of public instruction: Provided, that the said county superintendent shall not have authority to countersign any such orders until the teacher in whose favor it is drawn shall have made the reports to the county superintendent required by law.

Sec. 14. At the end of each month, or at the end of each term of such school, at the election of the teacher or principal, the teacher or principal of the school shall exhibit to the school committee of the district a statement of the number of pupils, male and female, the average and daily attendance, and the length of time taught. If the committee are satisfied that the provisions of this Act have been complied with, they shall give an order on the treasurer payable to said teacher for the full amount due for services rendered.

Sec. 15. That the assessment, levy and collection herein provided for shall be applied to the building of a good schoolhouse in every district where there is not one.

Sec. 16. That this Act shall apply to Mitchell County only.

Sec. 17. That this Act shall be in force from and after its ratification.

Ratified this the 15th day of February, A.D. 1895.

Elias Carr, Governor
Rufus A. Doughton, Lt. Governor and President of the Senate
Zebulon Vance Walser, Speaker of the House of Representatives

State of North Carolina,
Office of Secretary of State,
Raleigh, May 23rd, 1895.

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

Octavius Coke,
Secretary of State.

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