South Carolina - Acts on Education Topics

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

December 20, 1888

Acts and Joint Resolutions of the General Assembly of South Carolina 1888, Pages 146-148.

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 Cheraw, the area embraced within the corporate limits of the said town is hereby constituted a new school district to be known as "School District of the Town of Cheraw," and shall be a body politic and corporate, with such rights, privileges, and liabilities as are provided for school districts by the laws of this State, approved March 22d, 1878.

Sec. 2. 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 three 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 15th day of February of each year, publish a notice of the time and place of an election to be held in said town in at least one newspaper published within said district for at least two weeks before such election, and they shall provide all regulations for governing such election, at which all legally qualified voters of said town who return real or personal property of the value of one hundred dollars for taxation shall vote, and by which election the question of taxation shall be determined according to a majority of the votes cast.

Sec. 3. The Town Council of the town of Cheraw shall be ex officio Trustees of the said school district.

Sec. 4. 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, term 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 said district.

Sec. 5. That it shall be the duty of the said Trustees within five days after said election has been held to notify 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 proparty 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. 6. The money collected from such levy, the poll tax, and the constitutional two mill tax on property in said district, 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. 7. 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 the said district under the age of six years.

Sec. 8. 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 incase 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. 9. That all Acts or parts of Acts inconsistent with this Act are hereby repealed.

Approved December 20th, A.D. 1888.

John P. Richardson, Governor.
William L. Mauldin, President of the Senate and Lt. Governor.
James Simons, Jr., Speaker of the House of Representatives.

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