South Carolina - Acts on Education Topics

An Act to Create a New School District Within the County of Barnwell, to be Known as the "Elko Graded School District," and to Authorize the Levy and Collection of a Local Tax Therein.

December 23, 1891

Acts and Joint Resolutions of the General Assembly of South Carolina 1891, Pages 1234-1236.

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 portion of Barnwell County lying within the following boundary lines, to wit: a line beginning at the South Carolina Railroad depot in the town of Elko, running parallel with said railroad east three miles and west one and a half miles, thence north from said depot two miles and south three miles, said boundary lines to run parallel and at right angles with the South Carolina Railroad aforesaid, be, and is hereby, constituted a new school district, to be known as the ''Elko School District."

Sec. 2. That F. N. Hair, Ashley Stansell, W. C. Matthews, L. T. Williams, H. W. Jones, S. N. Green, B. Reed, D. M. Johnston and P. Bates, and their successors to be elected by the qualified voters of said district and thereupon appointed by the Superintendent of Education, be, and the same are hereby, constituted a Board of Trustees for said school district.

Sec. 3. That the said Board of Trustees shall have the following powers and duties: 1st. To discharge the duties of Sehool Trustees, and to have all the powers, privileges, rights, and liabilities now possessed by and pertaining to Sehool Trustees. 2d. To determine the studies and class books to be used in the schools of said district. 3d. To elect and dismiss the teachers, to fix their salaries, to prescribe their duties and term of office, and make rules for the government of the schools. 4th. To make an annual report of the schools in this 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 Barnwell County. 5th. To take in charge and keep in order all buildings and other property belonging to or used for carrying on the schools of the district herein created.

Sec. 4. That the Board of Trustees shall elect from its members a Chairman, and also a Secretary and Treasurer; and that the Treasurer shall be required to enter into a bond with sufficient sureties, in the penal sum of five hundred dollars, conditioned for the faithful performance of his duties as such.

Sec. 5. That the Chairman 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 to do so.

Sec. 6. That the School Commissioner of Barnwell County shall have jurisdiction only over the schools and educational interests of the County not comprised within the corporate limits of the said new school district hereby created under the name of "The Elko Graded Sehool District."

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 five (5) 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 said Board of Trustees, if they deem it expedient, shall, on or before the fifteenth day of January, 1892, 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 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 by publishing the same at least twice in one of the newspapers of said County 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. No tax thus levied shall be repealed at a subsequent meeting within the same fiscal year. The Chairman of said meeting shall within one week thereafter notify the Chairman of said Board of Trustees and the County Auditor of Barnwell County, respectively, of the amount of the tax thus 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 8. The County Treasurer of the County of Barnwell shall hold all moneys arising from the Constitutional school tax and poll tax to which said school district may be entitled under the general provisions of law, or under the provisions of this Act, subject to the warrant of the Treasurer of the Board of Trustees of the said school district.

Sec. 9. All moneys received by the County Treasurer from the local tax and from the liquor license tax herein shall be protected by the official bond of said Treasurer, and shall be paid out only on the warrant of the said Treasurer of said Board of Trustees of the said school district.

Sec. 10. That all Acts or parts of Acts inconsistent with this Act be, and the same are hereby repealed.

Sec. 11. This Act shall be deemed a Public Act, and shall take effect and be of full force immediately after the date of its passage.

Approved December 23rd, 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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