North Carolina - Acts on Education Topics

An Act in Relation to the Public School in the Town of Pilot Mountain, North Carolina, and Providing for the Levying of a Tax to Support the Same.

1899 Public Laws: Chapter 486

Public Laws and Resolutions of the State of North Carolina Passed in 1899 - Pages 634-637.

The General Assembly of North Carolina do enact:

Section 1. That the board of commissioners of the town of Pilot Mountain shall and they are hereby authorized to submit to the qualified voters of said town, under such rules and regulations and at such time within three months after the ratification of this Act as the said commissioners may prescribe, whether a tax shall be annually levied therein for the support of the schools in said town provided for in this Act. At the election held under the provisions of this Act those who favor the levying of such tax shall vote on written or printed ballots the words "For schools," and those who are opposed to the levying of such tax shall vote on written or pointed ballots the words "Against schools." The manner of holding such elections and the penalty for illegal and fraudulent voting in this election shall be the same as in annual election for mayor and commissioners in the town of Pilot Mountain. The commissioners shall give thirty days notice of the time of holding said election in one or more of the newspapers published in the county of Surry.

Sec. 2. The inspectors of said election shall on the day following the election certify the number of votes cast and counted for and against school to the commissioners of said town, who shall proceed to declare at once the result of the election, and if a majority of the qualified voters in said town shall vote in favor of such tax the same shall be levied and collected by the town authorities under which other town taxes are levied and collected, and the tax collector shall be subject to the same liabilities for the collection and disbursements of the said [tax] as he is or may be for other town taxes: Provided, the special tax so levied and collected shall not be less than sixteen and two thirds cents or more than thirty cents on the one hundred dollars valuation of property, aud not less than fifty cents nor more than ninety cents on the poll. The taxes levied and collected under the provisions of this Act shall be applied exclusively to the support and maintenance of the public schools in the town of Pilot Mountain, and the school committee, whose appointment is hereinafter provided for, may establish one or more graded schools in the town of Pilot Mountain, and the taxes levied and collected under this Act shall not be appropriated or expended for any other purpose.

Sec. 3. For the purpose and benefits of this Act the town of Pilot Mountain shall be and constitute a public school district for both white and colored.

Sec. 4. If this Act shall be ratified at the election authorized to be held under it the School Committee of the town of Pilot Mountain shall consist of five members, instead of three as now required by the general school laws, and that John M. Redman, James C. Dodson, G. O. Key, O. J. Denny and W. J. Swanson shall constitute said committee. That said committee shall be divided by the commissioners of the town of Pilot Mountain at their next regular meeting held after the election provided for in this Act into five classes of one each. The term of office of the first shall expire at the end of one year from the date of said meeting; and the term of office of the second class shall expire at the end of two years from date of said meeting; and the term of office of the third class shall expire at the end of three years from the date of said meeting; and the term of office of the fourth class shall expire at the end of four years from date of said meeting; and the term of office of the fifth class shall expire at the end of five years from date of said meeting. Whenever the term of office of any class as above provided shall expire his successor shall be appointed for a term of five years by the said commissioners at their first meeting alter their election and qualification. Whenever any vacancy occurs in said committee except by expiration of the term of office the vacancy for the unexpired term of the member or members shall be filled by the said commissioners.

Sec. 5. That the school committee provided for by this Act shall have entire and exclusive control of the public school interest and property in the town of Pilot Mountain, shall prescribe rules and regulations for their own government not inconsistent with the provisions of this Act, shall employ and fix the compensation of officers and teachers of the public schools or graded public schools annually, subject to removal by the said committee, shall make an accurate census of the school population of the town as required by the general school law of the state, and do all other acts that may be just and lawful to conduct and manage the general school interest in said town: Provided, that all children resident in the town of Pilot Mountain between the ages of six and twenty one years shall be admitted into said school free of tuition or charges.

Sec. 6. The school committee created by this Act may elect annually a superintendent of the school established under this Act, who shall be the principal of the public or graded school for white children, if same shall be established. The said superintendent shall examine all applicants for teachers' positions in the said schools and issue certificates to the same, and shall do and perform such other duties as may be prescribed by said school committee.

Sec. 7. The moneys which shall from time to time be apportioned under the general school law of the state to the Pilot Mountain public school district shall be turned over by the tax collector to the treasurer of town of Pilot Mountain, and any moneys to which the said district may be entitled by reason of any special tax, gift, grant, apportionment or otherwise shall be received by the treasurer of the town of Pilot Mountain, who shall be the ex officio treasurer of the said school committee, and whose receipts for such moneys shall constitute a sufficient voucher of such payments in the hands of any person paying the same, and the said treasurer shall report monthly to the said school committee his receipts and disbursements, with all vouchers for the same. The moneys received as aforesaid shall be held by the treasurer as a separate fund, to be disposed of under the direction of the aforesaid school committee, whose warrants, signed by the chairman and countersigned by the secretary of the said committee shall be the only valid vouchers in the hands of said treasurer for the disbursements of said money in any settlement required of him by the law. The said treasurer shall furnish annually on the first Monday in July to the board of commissioners a statement in writing of his receipts and disbursements of the school money, properly and duly audited and approved by the chairman and secretary of the school committee: Provided, the accounts, books and vouchers of the said treasurer shall be open for the inspection of the said school committee at any time.

Sec. 8. The bond now required of the treasurer of the town to protect public funds of the town in his hands shall be in amount sufficient to include double the amount received under this Act independent of the amount to secure the funds which comes into his hands. The said treasurer shall receive as compensation such commission as may be allowed by the said school committee, not to exceed two per centum of the amount actually received and disbursed.

Sec. 9. The school committee provided for by this Act shall apportion the money raised or received for educational purposes in the town of Pilot Mountain as shall be just to the white and colored races without discrimination in favor of or to the prejudice of either race, due regard being paid to the cost of keeping up and maintaining the schools of both races: Provided, separate schools shall be established and maintained for the white and colored races.

Sec. 10. That the said committee shall make to the board of commissioners annually at such times as is required under the school law of the state a report containing an accurate census of the school population of the town, showing the work done and money expended under their direction in the town of Pilot Mountain on account of public schools therein, a copy of which report shall be forwarded to the superintendent of public instruction in the state and a copy to the board of education in Surry County. The beginning and ending of the school year shall be fixed by the school committee.

Sec. 11. The school committee hereby created shall be a body corporate by the name and style of "The School Committee of the Town of Pilot Mountain," and by that name shall be capable of receiving gifts and grants, of making purchases and holding real and personal estate, of selling, mortgaging and transferring the same for school purposes, of prosecuting and defending suits for or against the corporation hereby created; conveyance to said school committee shall be to them and their successors in office, and all deeds, mortgages and other agreements affecting real estate shall be deemed sufficiently executed when signed by the chairman and secretary of said committee.

Sec. 12. That all laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 13. This Act shall be in force from and after its ratification.

Ratified the 6th day of March, A.D. 1899.

Daniel L. Russell, Jr., Governor
Charles A. Reynolds, Lt. Governor and President of the Senate
Henry Groves Connor, Speaker of the House of Representatives

State of North Carolina,
Office of Secretary of State,
Raleigh, April 28th, 1899.

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

Cyrus Thompson,
Secretary of State.



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