North Carolina - Acts on Education Topics

An Act to Establish the Warsaw Graded School.

1895 Public Laws: Chapter 225

Public Laws and Resolutions of the State of North Carolina Passed in 1895 - Pages 297-299.

The General Assembly of North Carolina do enact:

Section 1. That the board of commissioners of Duplin County are hereby authorized and required to submit to the qualified voters of the following territory, lying in Warsaw Township, said county, viz.: beginning at Wilmington & Weldon Railroad trestle over Turkey Swamp, and thence down Turkey Swamp to a point where the Clinton and Warsaw public road crosses said Turkey Swamp; thence south with said road to the Duplin old court-house; thence with the Wilmington public road to the crossing on the Clinton & Warsaw Railroad; thence a straight line to the two-mile post on the public road leading from Warsaw to Henry Best's house; thence a straight line to S. M. Carlton's avenue; thence the public road to Clark's Ford on Stewart's Creek, thence up Stewart's Creek to the intersection of Johnson's Church branch; thence up said branch to the public road crossing near Johnson's old church site; thence a straight line to the Dolly Meare Ford on the Grove Swamp; thence up the lane between the lands of James A. Beyette and D. C. Middleton to the old gate on the Hinton Bayett place; thence a straight line to the intersection of the Faison and Kenansville and Williams public roads; thence up said road north to R. J. Williams' gate; thence up the Bowden's station road two miles from said gate, to a stake; thence a straight line to the beginning,—on the first Monday in May, one thousand eight hundred and ninety-five, under such rules and regulations as said board may prescribe, whether an annual tax shall be levied therein for the support of a graded public school for the white and colored children in said district. Each voter shall vote a printed or written ballot with the words "for school" or "no school", and said election shall be conducted under the same rules, regulations, and penalties as are now or may be prescribed by law for the election of members of the general assembly.

Sec. 2. That in case a majority of the qualified voters of the said district shall vote in favor of said school and tax, the said tax shall be levied and collected in the same manner as provided by law for levying and collecting state and county taxes, and the sheriff or tax collector of Duplin County shall collect and pay over the same to the treasurer of the board of trustees, by the first day of January of each year succeeding the levy, under the same liabilities and penalties as are now or may be provided by law for the collection and paying over of the general public school taxes: Provided, that the special tax so levied and collected shall not exceed fifty cents on the one hundred dollars' worth of real and personal property, and other property taxed by the laws of North Carolina, and one dollar and fifty cents on each poll.

Sec. 3. That the special taxes thus levied and collected shall be expended in keeping up separate graded schools for the white and colored children in said district, between the ages of six and twenty-one years, and the schools for each race, herein provided for, shall have the same length of school term.

Sec. 4. That the following persons shall constitute the board of trustees for said graded schools, and shall hold office for the term following their names: Thomas B. Price, S. M. Carlton, H. S. Bayette, for the term of two years from the date of election; Dr. Lafayette Hussey, James F. Woodward and L. R. Carrell, for the term of four years from the date of election; W. L. Hill, T. M. Moore and H. L. Stephens, for the term of six years from the date of election; and all vacancies occurring in said boards of trustees, from any cause, shall be filled by said board of trustees for the term of six years, except in case of death or resignation, and in either of these cases, for the unexpired term of trustees so dying or resigning; said board of trustees shall have power to employ and fix the compensation of a superintendent for both or either of said schools, and such teachers as are necessary, and to do all such acts as are necessary to carry on said schools.

Sec. 5. That said board of trustees shall elect a treasurer, who shall hold his office for two years, and he shall give a good and sufficient bond, payable to the state of North Carolina, in the sum of one thousand dollars, to be approved and accepted by the said board of trustees, and the same shall be recorded and filed, and sued on as other official bonds.

Sec. 6. That said board of trustees shall have power to sue and be sued, plead and be impleaded under the name and style of "Board of Trustees of Warsaw Graded Schools," and as such purchase and hold such real estate and personal property as may be necessary for the use and maintenance of said schools, and receive and hold any property by gift, donation or otherwise, for the use of said schools.

Sec. 7. That the public school money which shall, from time to time, be collected under the general school law for public school purposes, or that which may have been appropriated to the public schools for the white and colored children embraced in said graded school, districts, shall be paid to said treasurer, and by him approved under the orders of the said board of trustees, and the said board of trustees are hereby authorized and empowered to dispose of the public school property now located in the said graded school district, and execute deeds therefor, and apply the proceeds to the said graded school fund.

Sec. 8. That no trustee of either of said graded schools, while acting as such, shall be a teacher therein.

Sec. 9. That all laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 10. That this Act shall be in force from and after its ratification.

Ratified the 11th day of March, 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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