North Carolina - Acts on Education Topics

An Act to Establish Graded Schools in the District Herein Specified, and to be Known as Chapel Hill School Districts, Number Twenty-Four, Orange County.

1897 Public Laws: Chapter 261

Public Laws and Resolutions of the State of North Carolina Passed in 1897 - Pages 443-446.

The General Assembly of North Carolina do enact:

Section 1. That all of the territory embraced within the following boundaries, to- wit: starting at the Durham County line on the east, where Morgan's Creek crosses it; thence westward, following the creek as the southern boundary, including the residence of E. A. Clark on the south of the creek at Purefoy's Mill; then to the north fork of the creek, about one and one-half miles southwest of the college buildings; thence, following said fork of the creek, to the point where it is crossed by the Saxapahaw Road; thence from this crossing to the nearest corner of Isom Weaver's land, including the same; thence from the northeast corner of his land in a direct line to Bowlin's Creek; thence, following this creek, to the Durham County line; thence southward to the starting point, where Morgan's Creek crosses the Durham County line, constitutes public school districts for the whites and colored, to be known as Chapel Hill School Districts, Number Twenty-four, Orange County.

Sec. 2. That the Board of Commissioners of Orange County are authorized and required to order an election to be held in the said Chapel Hill districts, number twenty-four, for the whites and colored of Orange County, on the first Monday in May next, and at the said election to submit to the qualified voters of said districts the question of levying an annual special tax on the property and polls of white and colored persons in said districts for the purpose of supporting and maintaining public graded schools for the white and colored children in said school districts.

Sec. 3. That at said election those in favor of levying said special taxes shall vote "for schools" and those opposed shall vote "against schools," and the election for this purpose shall be conducted in the same manner, and subject to the same rules and regulations as are provided for the election of county officers by the general election laws of this state.

Sec. 4. That if a majority of the qualified voters of said school districts shall vote "for schools," the county authorities of Orange County, legally authorized to levy taxes, shall, in addition to other taxes laid upon said school districts, annually compute and levy, at the time of levying other taxes, a sufficient special tax upon the property and polls of the white and colored persons of said school districts to raise such a sum of money as the trustees hereinafter named of said school districts shall deem necessary, and shall report annually to said authorities, to support and maintain said schools, which sum shall be not less than one-fourth of one per centum on the property and seventy-five cents on the poll, nor more than one-half of one per centum on the property and one hundred and fifty cents on the polls annually of white and colored persons in said districts. Said trustees hereinafter mentioned shall immediately after the elections herein provided for, report to the county authorities empowered to levy taxes what sum said trustees deem necessary to support and maintain said schools during the first year, and annually thereafter said trustees, thirty days prior to the time for levying county taxes, shall report to said authorities what sum of money is necessary to support said schools during the next year. And the taxes for the support of said schools shall be annually collected as other taxes are collected and paid over by the sheriff or other collecting officers to the county treasurer, which officers shall give good and sufficient bonds to be approved by the said commissioners for the safe keeping and proper distribution of said taxes, and the taxes levied and collected for these purposes shall be kept sacred, separate and distinct from other taxes by the officers in charge and shall be used only for the purposes for which they were levied and collected.

Sec. 5. The taxes levied for the support of said schools under this Act and under the general school law shall be paid out by the officers having them in charge upon such warrants and to such persons as the trustees hereinafter mentioned may prescribe.

Sec. 6. That in order to ascertain the value of lands and other real property situated in said school districts when the whole of said lands and other real property does not lie in said school district, but part in another school district, the county commissioners shall appoint, three disinterested freeholders and residents of said district, who shall assess the part or parts of lands and other real property which shall lie in said school district for taxation, and shall report the value so assessed by them to the authorities legally empowered to levy taxes and the value so reported shall be the basis on which said special taxes to be levied under this Act shall be levied on the report of such lands and other real property lying in said school districts when the other part or parts of said land and other real property lie outside of said district.

Sec. 7. The board of trustees provided for in this Act shall appropriate the amount raised or received by them for school purposes in the Chapel Hill school districts number twenty-four so as to give the same length of school term for the whites and the colored and so as to pay due regard to the cost of keeping up and maintaining the public schools of both races: Provided, separate schools shall be established and maintained for both races.

Sec. 8. That Collier Cobb, R. L. Stroud, L. J. Weaver, F. P. Venable and George W. Trice are hereby constituted a board of trustees for the public graded schools of Chapel Hill school districts number twenty-four, Orange County, and they and their successors are hereby vested a body corporate under the name of trustees for the public schools of Chapel Hill school districts, Orange County, and they and their successors shall have perpetual succession, may sue and be sued, plead and be impleaded in all the courts of the State and United States, have a common seal, make all by-laws and regulations necessary or expedient for the purposes of their incorporation, purchase, sell and convey, lease, let and control all school property in said districts, real and personal, proper and requisite for their corporate purposes, have power to fill all vacancies occuring in said board, to employ and dismiss all officers and tcochers of said schools, and regulate their salaries, to elect one of their own number chairman, another secretary, and do and propose all acts proper and necessary for the best advantages of said schools.

Sec. 9. That the public school money which shall from time to time be collected under the general school law for the whites and for the colored children of said Chapel Hill school districts number twenty-four shall be applied for the support and maintenance of the graded schools provided for in this Act under the orders and directions of said board of trustees.

Sec. 10. That the board of trustees aforesaid may admit as pupils in said schools children who reside outside of the boundaries of said Chapel Hill school districts upon the payment of such sums as shall be fixed by said board of trustees.

Sec. 11. That the board of trustees aforesaid may fix a scale of prices for subjects other than those required to be taught under the general school law for the requirement of public schools, the said prices to be paid by pupils resident in said school districts.

Sec. 12. That the said board of trustees shall have the right to assess each pupil of the said districts in a sum not exceeding fifty cents for the fall term and fifty cents for the spring term of said schools for incidental and other expenses, said sum payable on entrance of the pupil, and if said sum be not paid by the parents or guardians of said pupils the board of trustees shall have the right to dismiss said pupils from the school.

Sec. 13. The board of trustees shall elect annually a superintendent for the schools, who shall be principal of the school for the whites, and who shall examine all applicants for teachers' positions in said schools, and issue certificates to the same, and who shall do and perform snch other duties as may be prescribed by the trustees of said schools.

Sec. 14. That the superintendent and teachers of said schools shall not be subject to any restriction or limitations as to salary prescribed by any law or statute, but may be paid such compensation as the board of trustees deem just and proper: Provided, that no trustee of said schools, while acting as such, shall be a teacher therein.

Sec. 15. That if for any reason the result of said election shall be "against schools," then the commissioners of Orange County shall again order another election, submit said questions mentioned in the second section of this Act to the qualified voters of said Chapel Hill school districts, number twenty-four, whenever petitioned by fifty tax-payers of said districts to do so, and said election shall be ordered within forty days after said petition shall have been received by said commissioners: Provided, that not more than one election shall be held during any one year.

Sec. 16. That this Act shall be in force from and after its ratification.

Ratified the 5th day of March, A.D. 1897.

Daniel L. Russell, Jr., Governor
Charles A. Reynolds, Lt. Governor and President of the Senate
A.F. Hileman, Speaker of the House of Representatives

State of North Carolina,
Office of Secretary of State,
Raleigh, April 28th, 1897.

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

Cyrus Thompson,
Secretary of State.



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