South Carolina - Acts on Education Topics

An Act to Provide for the Establishment of a New School District in Malboro County, and to Authorize the Levy and Collection of a Local Tax Therein.

December 24, 1886

Acts and Joint Resolutions of the General Assembly of South Carolina 1886, Pages 613-616.

Section 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That for the purpose of maintaining public schools in the Town of Bennettsville, the County Board of Examiners of Marlboro county be, and they are hereby, authorized and required to layoff a new school district, which shall be embraced in the following described area: Taking the Court House as a point of departure, let four lines be drawn toward the cardinal points of the compass, each of said lines to be two and one-half miles; then let lines be drawn at right angles to the four lines above given, touching the extremity of each, and extend until they meet each other, thereby forming a square, with the Court House in the centre, and the area thus enclosed shall constitute the said school district.

Sec. 2. That said district shall be known as School District of the Town of Bennettsville, and shall be a body politic and corporate, with such rights, privileges and liabilities as are provided for school districts by the school laws of this State, approved March 22nd, 1878.

Sec. 3. That in addition to the rights and privileges heretofore granted, the said school district shall have power to levy on all real and personal property returned in said district a tax not exceeding two mills on the dollar, subject to the following provisions: The School Trustees of said district shall at any time they may deem expedient, previous to the 31st day of January of each year, issue a call for a public meeting of all the citizens who return real and personal property for taxation in said district, and shall publish a notice of the time, place and object of such meeting in at least one newspaper published within said district for at least two weeks before such meeting.

Sec. 4. When the persons answering the above description shall have assembled in public meeting, they shall have the power to select a Chairman and Secretary, to adjourn from time to time, and to decide what tax, if any, under the provisions of this Act shall be levied: Provided, That no tax thus levied shall be repealed or changed within the same year.

Sec. 5. The County Board of Examiners of Marlboro County are hereby authorized and required to appoint a Board of five Trustees for said school district. who shall hold office for two years from their appointment and until their successors shall be appointed, and all vacancies in the Board of Trustees shall be filled by appointment of the Board of Examiners.

Sec. 6. That said Trustees, or a majority of them, in addition to the duties and powers now provided by law for Trustees of school districts, shall have the powers and duties following: (1.) To provide by lease or otherwise suitable buildings for the use of the public schools of said school district. (2.) To elect and dismiss superintendents and teachers of the public schools in said district; to prescribe their duties, terms of office, and to fix their salaries, and to make rules and regulations for the government of said schools. (3.) To determine the manner in which the tax hereinbefore authorized and the two mills Constitutional and poll tax provided by law shall be expended in maintaining said public schools. (4.) To fix the rate of tuition to be charged for pupils residing outside of the said district.

Sec. 7. It shall be the duty of the Chairman and Secretary of said public meeting, within one week after said meeting has been held, to notify the Chairman of said Board of Trustees of said school district and the Auditor of the County of the amount of tax thus levied; and the Auditor shall at once assess such tax on all real and personal property returned in said school district, and the County Treasurer shall collect the same with the State and County taxes, and such taxes shall be a lien on all property for two years, and defaulting taxpayers shall be liable to like process and penalties as defaulters for State and County taxes.

Sec. 8. The money collected from such tax levy, the poll tax, and the Constitutional two mill tax to Avhich the said district is entitled under the general provisions of the law, shall be held by the County Treasurer and paid out on warrants drawn by the Trustees of said school district, and said Treasurer shall be liable to said school district for the non-performance of his duty in respect to said money in same manner and to same extent as for non-performance of his duty in respect to State and County taxes.

Sec. 9. For convenience in assessing and collecting such tax the County Commissioners of Marlboro are hereby authorized, if necessary, to lay off a new township, with such name and number as they may select, to be coterminous in extent with said school district.

Sec. 10. The Act entitled "An Act to limit the age of pupils attending the free public schools," approved December 23d, 1883, shall have no application or force in said school district, but no pupils shall be admitted in the public schools of said district under the age of seven years.

Sec. 11. It shall be the duty of each and every taxpayer whose property may be partly within and partly without said school district, when he makes his return for State and County taxes, to plainly and separately specify in such return, under oath, the position or positions of such property, whether real or personal, subject to taxation within said district; and in case such taxpayer shall have made his return before the said school district is laid off, it shall be his or her duty to make another, or amended, return in accordance herewith; and it shall be the duty of the County Auditor to enter the tax belonging to said school district upon the tax duplicate, in a separate column, so that the County Treasurer may conveniently keep the same separate from the other taxes.

Sec. 12. It shall be the duty of the said Board of Examiners to have said school district laid off on or before the 10th day of January, 1887, and may employ a competent surveyor to lay off the same and erect proper landmarks to designate its boundaries, the expenses therefor to be paid out of the school funds, after proper audit, upon their order on the County Treasurer.

Sec. 13. That all Acts and parts of Acts inconsistent with this Act are hereby repealed.

In the Senate House, the twenty-fourth day of December, one thousand eight hundred and eighty-six.

William L. Mauldin, President of the Senate.
James Simons, Jr., Speaker of the House of Representatives.

Approved: December 24th, A.D. 1886.
John P. Richardson, Governor.

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