South Carolina - Acts on Education Topics

An Act to Provide for the Establishment of a New School District in Mott's Township in Florence County, to be known as "The Beulah School District" and to Authorize the Levy and Collection of a Local Tax Therein.

December 16, 1891

Acts and Joint Resolutions of the General Assembly of South Carolina 1891, Pages 1358-1361.

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 at Beulah, in Mott's Township, Florence County, the County Board of Examiners of Florence County be, and they are hereby, authorized and required to lay off a new school district, which shall be embraced in the following described area: Taking a point at the intersection of the County lines of Florence, Clarendon, and Sumter, at Wood's Mill as a base; from thence running the County line between Florence and Clarendon Counties, to intersection of a neighborhood road with the Centennial road one-half mile east of New Town; from thence running said mentioned neighborhood road to southeast corner of W. D. Allen's plantation; thence from last mentioned corner running in a northeasterly direction to first gate on the Manning road, east of J. Wayne Floyd's plantation; from thence running in a direct line to the Sumter County line to a point at the northeast corner of J. Belser Truluck's plantation, and from thence following said last mentioned County line to the base at Wood's Mill, and the area thus enclosed shall constitute the said school district.

Sec. 2. That said district shall be known and called "Beulah School District," and shall be a body politic and corporate, with such rights, privileges and liabilities as are provided for school districts by the school laws of this State.

Sec. 3. That the County Board of Examiners of Florence County is hereby authorized and required to appoint a Board of three (3) trustees for said school district who shall hold office without compensation for two years from their appointment, and until their successors shall be appointed, and all vacancies in the Board of Trustees shall be filled by appointment of the Board of Examiners.

Sec. 4. That in addition to the rights and privileges heretotore granted, the said school district shall have power to levy on all real and personal property returned in said district, a tax not exceeding five (5) 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 31st day of January of each year, issue a call for a public meeting of all the citizens who return real or personal property for taxation in said district, and shall post a notice of the time, place and object of said meeting in at least two (2) public places in said district for at least ten days before such meeting.

Sec. 5. When the persons answering the above description shall have assembled in public meeting, they shall have the power to select a chairman and secretary; to adjourn from time to time, and to decide what tax, if any, under the provisions of this Act, shall be levied: Provided, That no tax thus levied shall be repealed or changed within the same year.

Sec. 6. It shall be the duty of the Chairman and Secretary of said public meeting, within ten (10) days after said meeting has been held, to notify the Chairman of said Board of Trustees of said Sehool District, and the Auditor of said County of the amount of tax thus levied, and the Auditor shall at once assess such tax on the real and personal property returned in said School District, and the County Treasurer of said County shall collect the same with the State and County taxes, and such taxes shall be a lien on all property for two years, and all defaulting tax payers shall be liable to like process and penalties as defaulters for State and County taxes.

Sec. 7. 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 select the sites of, and to erect or provide by lease, purchase 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, terms of office, 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 mill constitutional and poll tax provided by law, shall be expended in maintaining public schools. (4) To fix the rate of tuition for pupils residing outside said School District. (5) To determine and direct to what school or schools in said district said additional tax shall be appropriated, and in what proportion it shall be appropriated to the respective schools in said district.

Sec. 8. The money collected from such tax levy, the poll tax and the constitutional two mill school 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 by Trustees of said School District, and for the non-performance of his duty in respect to said money the Treasurer shall be held liable in the same manner and to the same extent as for non-performance of his duty in respect to State and County taxes.

Sec. 9. It shall be the duty of each and every tax payer whose property may be partly within and partly without said School District, when return is made thereof 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 in case such tax payer shall have made return before such School District is laid off, it shall be his, her or their 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 accurately and conveniently keep the same separately from the other taxes; and the said County Treasurer shall, on demand of the said Board of Trustees of said Sehool District, furnish them statements of the amount of his collections of the additional taxes, as also the poll and constitutional tax to which said School District shall be entitled.

Sec. 10. It shall be the duty of the said Board of Examiners to have the said School District laid off on or before the 15th day of January, 1892, and may employ a competent surveyor to lay off the same and erect proper landmarks to designate its boundaries, the expense therefor to be paid out of the school funds after proper audit, upon their order on the County Treasurer: Provided, That should it be impracticable to lay off tbe said School District before the 15th day of January, 1892, then the same shall be done as soon thereafter as practicable, and the Trustees of said School District shall, as soon thereafter as they may deem it expedient, in the year 1892, call the meeting of the tax payers of said district for the purposes and in the manner provided in Section 4 of this Act.

Sec. 11. That all Acts and parts of Acts inconsistent with 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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