South Carolina - Acts on Education Topics

An Act to Establish Two New School Districts in a Portion of No. 11 and No. 2 Townships, and in No. 11 Township in the County of Newberry, and to Authorize the Levy and Collection of a School Tax Therein.

December 22, 1888

Acts and Joint Resolutions of the General Assembly of South Carolina 1888, Pages 201-203.

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 a public school in a portion of Number 11 and Number 2 Townships in the County of Newberry, in this State, the area embraced in the following lines and boundaries, to wit: Beginning at the Blair place in the Henderson Ferry Road, and running thence in a direct line to the Dave Crosson place on the Calmes Road; thence in a straight line to a point between the residences of H. H. Counts and Mary Counts, to the road leading from the Buncombe Road; thence in a straight line to the intersection of the Pomaria Road with Second Creek; and thence in a straight line to the beginning point at the Blair place, be, and the same is hereby declared to be, a new school district, to be known as the Rutherford School District.

Sec. 2. That Jos. L. Keitt, T. W. Hutchinson, F. W. Higgins, John A. Cromer, and T. W. Keitt be, and they are hereby, appointed the Board of Trustees for said school district, and their successors shall be elected by said Board of Trustees and appointed by the Superintendent of Education of South Carolina.

Sec. 3. That the said Board of Trustees shall have the following powers and duties: 1st. To select suitable sites for the schools in said district, and they shall possess all the rights and privileges of School Trustees that are now possessed, or that shall hereafter be given to School Trustees. 2d. To elect and dismiss the teachers and fix their salaries, to prescribe their duties and term of office, and make the rules for the government of the schools and make an annual report to the State Superintendent of Education on or before the first day of October in each year, to be forwarded through the School Commissioner of Newberry County. 3d. To take in charge and keep in order all buildings and other property belonging to or used for carrying on the schools herein created.

Sec. 4. That the Board of Trustees at their first meeting shall elect from its members a Chairman and Secretary.

Sec. 5. That the Chairman of said Board of Trustees shall call meetings of the Board whenever, in his judgment, it is necessary, or whenever three (3) members of the Board shall, in writing, request him so to do.

Sec. 6. That the School Commissioner of Newberry County shall have jurisdiction over such schools in Newberry County not comprised in the school district herein established.

Sec. 7. That said school district is also hereby authorized and empowered to levy on all real and personal property returned in said school district a local tax, not exceeding three (3) mills on the dollar in any one year, to supplement the general tax for the support of schools by the persons and mode following, to wit: That the said Board of Trustees shall on or before the 15th day of January, 1889, and on or before the same day in each succeeding year, call a meeting in said school district of all the legal voters living in said school district and returning real or personal property therein: Provided, That public notice shall be given of such meeting, specifying time, object, and place of meeting, at least ten (10) days before such meeting, by posting the same in three conspicuous places in said school district and by publishing the same in one of the newspapers published in New berry County. The persons answering the above designation when thus assembled shall appoint a Chairman and Secretary and decide what additional tax, if any, shall be levied. The Chairman of said meeting shall within one week thereafter notify the Chairman of said Board of Trustees and the County Auditor of Newberry County respectively of the amount of tax levied, and the County Auditor shall at once assess such tax on all real and personal property returned in said school district, and the County Treasurer of said County shall collect said tax with the other taxes for the same year, and such tax shall be liable to like process and penalties as are County and State taxes.

Sec. 8. The County Treasurer of Newberry County shall hold all moneys arising from the constitutional school tax and poll tax to which said school district shall be entitled under the general provisions of law and under the provisions of this Act subject to the warrant of the Chairman of the Board of Trustees of said school district.

Sec. 9. This Act shall be deemed a Public Act and shall take effect from the date ot its approval.

Sec. 10. That a new School District is hereby established in the County of Newberry, to be known as the "Broad River School District," and shall be embraced within the area of square with the following line as a base upon which said square shall be formed, to wit: Beginning at the mouth of Heller's Creek, on Broad River, and thence up said river to Ashford's Ferry.

Sec. 11. That D. A. Diekcrt, J. H. Harmon, Wm. F. Suber, C. P. Dickert, and Thos. M. Hentz, and their successors in office, be, and the same are hereby, constituted a Board of Trustees for said school district, who shall hold said office of trustee during residence in said school district or good behavior.

Sec. 12. That the provisions of Sections 3, 4, 5, 6, 7, 8, 9, of this Act shall apply to said Broad River School District, and that said school district shall have all the rights, privileges and powers therein enumerated, and shall be subject to all the liabilities therein imposed.

Approved December 22d, 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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