South Carolina - Acts on Education Topics

An Act to Provide for the Establishment of a New School District in Darlington County, and to Authorize the Issue of Bonds by Said School District, and the Levy of a Local Tax Therein.

December 24, 1888

Acts and Joint Resolutions of the General Assembly of South Carolina 1888, Pages 153-157.

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 Darlington, the County Board of Examiners for Darlington County be, and they are hereby, authorized and required to establish a separate school district, to contain all the territory included between a boundary to the East formed by the runs of Mill Creek, Swift Creek, and Black Creek, and the part of a circle having its centre at Court House building, in the town of Darlington, commencing at a point on Black Creek three miles East, or Southeast, of said Court House, and running with a radius of three miles until it reaches a point on Mill Creek three miles North, or Northeast, of said Court House. The new school district so established shall be known as the School District of the Town of Darlington.

Sec. 2. That three members, appointed by the County Board of Examiners in accordance with the General School Law for the appointment of Trustees, and the duly appointed Trustees of St. John's Academy of said town, and their successors, shall constitute a Board of Trustees for the said school district.

Sec. 3. That the said school district shall be a body politic and corporate, with such government, rights, privileges, and liabilities as are provided for school districts by the school law of South Carolina, approved March 22d, 1878, and its amendments, except as modified by this Act.

Sec. 4. That the said Board of Trustees, in addition to the duties and powers prescribed by law for trustees of school districts, shall have the power, and it shall be their duty, to determine the studies and class books to be used in the schools of said district; to elect and dismiss the teachers; to fix their salaries; to prescribe their duties and to make rules for the government of the schools; to make an annual report of the schools in said district to the Superintendent of Education on or before the first Monday in October in each year, to be forwarded through the office of the School Commissioner of Darlington County; and to take in charge and to keep in order all buildings and other property belonging to, or used for carrying on the schools of the district herein created.

Sec. 5. The said Board of Trustees shall elect from its members a chairman, and also a secretary and treasurer. The chairman shall call meetings of the Board whenever in his judgment a meeting is needed, or whenever three members of the Board shall unite in requesting him to do so.

Sec. 6. The said trustees are hereby authorized and empowered on or before the first day of January in each year, except the year 1889, in which year the said trustees are authorized and empowered on or before the first day of February to levy on all real and personal property returned for taxation 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 in the mode following, to wit: The 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 of all the legal voters living in above named school district and returning real or personal property therein: Provided, That public notice of said meetings, specifying the time, place, and object, shall be given at least ten (10) days before said meeting by posting the same in three conspicuous places in the said school district, and publishing the same at least twice in one of the newspapers having the largest circulation in said school district. The persons answering the above designations, when thus assembled, shall appoint a chairman, and also a secretary, adjourn from time to time, and decide what additional tax, if any, shall be levied, not to exceed three (3) mills on the dollar. No tax thus levied shall be repealed at a subsequent meeting within the same fiscal year. The chairman, within one week thereafter, shall notify the County Auditor of Darlington County ot the amount of tax then 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 said tax shall be liable to like process and penalties as are State and County Taxes.

Sec. 7. The County Treasurer of the County of Darlington shall hold all moneys arising from the school tax and poll tax, to which said district may be entitled under the general provisions of law, or under the provisions of this Act, subject to the warrant of the said Treasurer of the Board of Trustees of said district.

Sec. 8. That all moneys received by the County Treasurer from the local tax herein provided for, shall be protected by the official bond of said Treasurer, and shall be paid out only on the warrant of the said Treasurer of the Board of Trustees of said district.

Sec. 9. That the said school district is hereby permitted and authorized to issue five (5) thousand dollars of six per cent bonds, or a less number, if so much, in their judgment, be not necessary, for the purpose of erecting and furnishing suitable school buildings in said school district: Provided, That a majority of the qualified voters of said school district shall be in favor of such issue, as expressed in an election held for that purpose.

Sec. 10. That the trustees of said school district are hereby required, upon the written request of twenty freeholders within said school district, to order an election on the question of issuing said bonds, and to give three weeks, notice by advertisement in one or more newspapers of such election, and they shall appoint the managers, receive the returns, and declare the result.

Sec. 11. The said school district, in addition to the powers hereinbefore provided for, shall have, and is hereby endowed with, the powers of a corporation, to issue the said bonds, and, when issued, they shall be signed by the chairman of the board of trustees for said school district, shall run foi a period of thirty years, their coupons shall be receivable for all taxes in said school district, and they shall constitute a first lien upon all property which may be improved from their proceeds.

Sec. 12. That for the purpose of paying the interest on said bonds and the principal, when due, it shall be the duty of the County Auditor of the County of Darlington, or such other officer as may be charged with the assessment of taxes, to compute annually the amount necessary to be raised, and to levy the same upon all the real and personal property in said school district, and the amount so levied shall be collected by the County Treasurer of the County of Darlington, and held and used by them for the purpose of paying the said interest or principal, if any be due, and shall be used for no other purpose whatsoever.

Sec. 13. 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 returns, 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 or her return before such 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 separately from the other taxes.

Sec. 14. There shall be furnished in said schools instruction free of charge to all children residing within the bounds of said school district in the course of study prescribed for the public schools of the State, and the Board of Trustees may furnish in said schools instruction to non-resident children, and in branches of study not embraced in said course of study, on such terms as they may determine.

Sec. 15. That this Act shall take effect on the day of its approval, and that all Acts and parts of Acts inconsistent therewith are hereby repealed.

Approved December 24th, 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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