South Carolina - Acts on Education Topics

An Act to Establish the Newberry School District, to Authorize the Establishment of Free Graded Schools Therein, and to Provide the Means for the Efficient Management of the Same.

December 23, 1889

Acts and Joint Resolutions of the General Assembly of South Carolina 1889, Pages 557-560.

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 the territory embraced within the corporate limits of the town of Newberry, in said State, be, and the same is hereby, declared a separate school district, and that it be vested with such corporate powers as may be necessary to carry out the purposes of its organization as declared by this Act.

Sec. 2. That it shall be the duty of the School Commissioner of Newberry County, within thirty days after the approval of this Act, to order that an election be held at the Court House in Newberry, and to appoint three managers to conduct the same, of which election ten days' notice shall be given by advertisement in the newspapers of said town, at which election shall be submitted to the qualified voters resident in said district who return real or personal property within the limits thereof for taxation the question of voting a tax of two mills on the dollar, to be assessed upon all taxable property within said school district, for the purpose of aiding in the maintainance of the free graded schools in said district.

Sec. 3. That a Board of Trustees is hereby created, to consist of the following persons, to wit: James F. J. Caldwell, George B. Cromer, William H. Wallace, James K. P. Goggins, J. S. Cozby, George S. Mower and N. B. Mazyck, with the power to fill any vacancy caused in the number by death, removal or resignation, and four others to be elected every two years, one from each ward of said town, at the annual school meeting of each alternate year: Provided, That the first election shall be held at the time of the election provided for in the second Section of this Act, and that the Trustees then elected shall hold their offices until the annual school meeting of 1891. That as soon as the election of said four members of said Board herein provided for shall have been had, the said Board shall immediately organize by electing a Chairman and Secretary, and said Board may fill all vacancies arising by resignation, death or removal, except as hereinabove provided; and said Board of Trustees shall have power to remove from their body, for cause, any member of the Board, a majority of the Board voting in favor of such removal.

Sec. 4. The Board of Trustees created pursuant to the third section of this Act shall, between the 1st day of September and the 1st day of October in each year, call together an annual school meeting of the voters resident in said school district, at which meeting the Trustees shall submit a full report of their transactions for the previous school year, and their estimates of expenditures necessary for the ensuing year, and on the day of said meeting, or at some day subsequent to the time appointed for said meeting (in case the same for any reason should not be held), three managers appointed by said Trustees shall open a poll at the Court House in Newberry, in said district, not later than 10 o'clock A. M., and to be kept open until 5 o'clock P. M., at which election the qualified voters of said district shall vote for or against the assessment and levy of such local tax upon taxable property within said school district as the Trustees may have recommended for the school year commencing on the first day of November following, which shall not exceed the sum of two mills on the dollar in any one year. And it shall be the duty of the Chairman and Secretary of the Board of Trustees to certify to the amount so voted or recommended to the County Auditor of Newberry County, who shall forthwith assess the same for collection and deliver his warrant to the Treasurer of the said County for collection at the time other taxes are collected: Provided, That any tax voted to be levied at the first election herein provided for under Section 2 of this Act shall be certified by the County School Commissioner to the County Auditor of Newberry County, whose duty it shall be to assess the same upon all taxable property in said school district for immediate collection, and he shall deliver his warrant to the Treasurer to collect the same within thirty days from the date of the delivery, and subject to the usual penalties prescribed by the law against taxpayers making default in payment.

Sec. 5. That the Trustees herein provided for shall have exclusive control of the free graded schools within said district, and shall be invested with all the powers of School Trustees under the General School Law. They may organize schools, purchase or lease school property, erect school buildings, elect superintendents and teachers, and fix their salaries, prescribe the text books to be used, and the rates of tuition to be paid by pupils not entitled to benefit of the free school fund of said district, and may make rules and regulations for the control of the schools and the school property not repugnant to law.

Sec. 6. All moneys assessed and collected for school purposes shall be paid out by the County Treasurer for salaries and other school purposes upon the warrant of the Chairman and Secretary of the Board of Trustees. And all school moneys arising from the capitation tax upon the polls in said school district, as well as from the Constitutional school tax, or from any and all other public sources applicable to said district, shall be paid out by the Treasurer in like manner and upon like warrant.

Sec. 7. In the event the Board of Trustees herein provided for shall deem it necessary to erect school buildings for the use of schools therein, or to purchase property for a like purpose, it may be lawful for them to submit to the qualified voters resident in said school district, at an election to be held for that purpose, after ten days' public notice, the question of authorizing the issue of bonds not exceeding the amount of ten thousand dollars, bearing six per cent, interest, and payable in twenty years (the proceeds of which bonds shall be used by said Trustees in purchasing or erecting suitable school buildings, in repairing or improving school buildings, and in providing suitable furniture and apparatus for same), and the levy of an annual tax of six-tenths of a mill to pay the interest on said bonds. The Board of Trustees is hereby empowered to appoint three managers to conduct any such election, to declare the result of the same, and is authorized to execute and deliver the bonds so authorized to be voted, in the event that the majority of the persons voting at said election shall be in favor of the same, and the interest annually accruing upon said bonds shall be paid by the County Treasurer out of the proceeds of said special tax—any surplus remaining after the payment of the annual interest to be applied to the redemption of the bonds issued under the direction of the said Trustees.

Sec. 8. This Act shall be deemed a Public Act, and shall become of force immediately upon its approval.

Approved December 23d, A.D. 1889.

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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