South Carolina - Acts on Education Topics

An Act to Amend an Act Entitled "An Act to Provide for the Establishment of a New School District in the County of Orangeburg, and to Authorize the Levy and Collection of a Special School Tax Therein."

December 16, 1891

Acts and Joint Resolutions of the General Assembly of South Carolina 1891, Pages 1432-1434.
Click Here to view the original Act of December 22, 1882.

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 an Act entitled "An Act to provide for the establishment of a new school district in the County of Orangeburg, and to authorize the levy and collection of a special school tax therein," be, and the same hereby is, amended by striking out all of said Act after Section 2, and inserting the following in lieu thereof, to be known as Sections 3, 4, 5, 6,7, and 8 of said Act:

"Sec. 3. That in addition to the rights and privileges hereinbefore granted, the said school district shall have power to levy and collect a tax on the assessed value of all real and personal property returned in said school district, not exceeding three mills on the dollar, subject to the following provisions: The School Trustees of said school district shall, at any time previous to the thirtieth day of June of each year, upon the written request of ten property holders, issue a call for a meeting, after two weeks' notice, of all those citizens who return real or personal property in said school district, and such notice shall be published in one newspaper or posted in two public places in said district for at least two weeks before such meeting, and shall specify the time, place, and object of said meeting. A list of all citizens who return real or personal property in said school district shall be prepared and certified by the County Auditor, who shall send said list to said meeting."

"Sec. 4. That when the persons answering the above description shall have assembled in public meeting, they shall have the power, first, to select a Chairman and Secretary; adjourn from time to time; decide what tax, if any, in addition to the constitutional school tax apportioned to the schools of said school district, not to exceed the limit hereinbefore mentioned, shall be levied for the educaational interests of said school district: Provided, That no tax thus levied shall be repealed at any subsequent meeting within the same year. Second, That they shall also have power to select a Board of five trustees for said school district, whose term of office shall be for one year from the date of selection, and until their successors are elected, and who, in addition to the duties and responsibilities now provided by law for trustees of said school district, shall have the following powers and duties: 1. To elect a Chairman and Secretary of their Board. 2. To purchase or lease school property, and erect school buildings for the use of the public schools of said school district. 3. To elect and dismiss superintendents and teachers of the said schools, to prescribe their duties, terms of office, and to fix their salaries, and to cause an examination of said teachers to be made whenever necessary; also to determine the class books and course of studies to be used in said schools, and to make rules and regulations for the government of said schools. 4. To determine the manner in which the tax heretofore authorized, and the two mill constitutional and poll tax provided by law shall be expended in maintaining said public schools. 5. To fill all vacancies occuring in said Board of Trustees by death, resignation, removal or otherwise during their term of office or service."

"Sec. 5. That it shall be the duty of the Chariman and Secretary of said public meeting to keep a record of the proceedings of such public meeting, and to file the same with the Board of Trustees within one week after said meeting has been held; and within the same time to notify the Auditor of said County of the amount of the tax thus levied and how it has been appropriated, 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 shall collect the same with the State and County taxes, and such tax shall be a lien on all property until paid, and defaulting taxpayers shall be liable to like pro cess and penalties as defaulters for State and County taxes."

"Sec. 6. That the money collected from said tax law, and the Constitutional poll and two mill tax to which 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, countersigned by the County School Commissioner, and said Treasurer shall be liable to the said school district for the non-performance of duty in respect to said money in the same manner and to the same extent and under like penalties as for non-performance of his duties in reference to State and County taxes."

"Sec. 7. That the School Trustees now in charge of said school district, together with the Advisory Committee, elected at the last public meeting in said school district, be, and are hereby, authorized and required to act and they together shall constitute the Trustees of the said school district, with all the powers herein conferred, until the selection of Trustees provided for in this Act."

"Sec. 8. That this Act shall take effect immediately after its approval, and all Acts or parts of Acts inconsistent with, repugnant to, or supplied by, this Act are hereby repealed."

Approved December 16th, A.D. 1891.

Benjamin R. Tillman, Governor.
Eugene B. Gary, President of the Senate and Lt. Governor.
Ira B. Jones, Speaker of the House of Representatives.

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