South Carolina - Acts on Education Topics

An Act to Provide for a New School District in Lancaster County and to Authorize the Levy and Collection of a Special School Tax Therein.

December 23, 1891

Acts and Joint Resolutions of the General Assembly of South Carolina 1891, Pages 1402-1405.

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 a new school district is hereby established in the County of Lancaster to be known as "Lancaster School District," and shall be embraced in the following described area: Taking the court house in the town of Lancaster as. the central point, draw lines extending two miles North, South, East and West, then let lines be drawn at right angles to the extremities of these lines, and be extended until they touch each other, forming a square, and the area thus included shall constitute the said school district; and the same is hereby created a body politic and corporate, with such rights, privileges and liabilities as are provided for school districts by the General School Law of South Carolina.

Sec. 2. That J. F. Mackey, D. A. Williams, B. F. Miller. J. B. Erwin, and Ira B. Jones be, and the same are hereby, constituted a board of Trustees for said school district, who shall hold office for one year from the approval of this Act or until their successors shall be chosen under the provisions ot this Act.

Sec. 3. That in addition to the rights and privileges hereinbefore granted the said school district shall have power to levy on all real and personal property within said district a tax not exceeding five mills on the dollar, subject to the following provisions: The School Trustees of said district shall at any time previous to the 1st day of July of each year, upon the written request of ten voters and freeholders, resident in said district, issue a call for a public meeting of all of those voters of said district who return for taxation real or personal estate in said district of the value of one hundred dollars, notice of which meeting shall be published in at least one newspaper published in said district, and shall be posted in three public places in said district for not less than two weeks before such meeting, specifying the time, place and purpose of such meeting. When so assembled the persons answering the above description shall have power to elect a Chairman and Secretary, to adjourn from time to time, to levy such special tax, not exceeding five mills, as a majority present shall decide, which said tax when collected shall be applied to the establishment, equipment and maintenance of the public schools of said district, under the direction of the trustees of said district and in accordance with the direction of the voters of said district as hereinafter provided, said tax supplementing the poll tax and the Constitutional two mill tax which may belong to or be apportioned to said district according to law for school purposes: Provided, however, That no tax thus levied shall be repealed at any subsequent meeting during the year; and the said voters when so assembled shall also have power to elect a Board of Trustees, which shall consist of five members, who shall hold office as such until their successors are duly elected.

Sec. 4. That it shall be the duty of the Chairman and Secretary of said meeting, within ten days after said meeting, to notify the Chairman of the Board of Trustees of said district and the Auditor of said County 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 district, and the County Treasurer shall collect the same with the State and County taxes; and such tax shall be a lien upon all property of the taxpayer within the district until paid, and defaulting taxpayers shall be liable to like process and penalties as defaulters for State and County taxes.

Sec. 5. That the money collected from said tax levy and the poll tax and Constitutional two mills tax to which 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, which warrants shall be countersigned by the School Commissioner of the County when the same are drawn upon the funds arising from the poll tax and Constitutional two mills tax apportioned to said district.

Sec. 6. That each taxpayer when he pays any tax for school purposes voted under the provisions of this Act shall have the right to designate to which school established by the Board of Trustees in his district he wishes the money paid by him to go, and the Treasurer shall keep a note of such designation and the money shall be applied by the Board of Trustees as thus designated; and in case the taxpayer shall make no such designation at the time of payment, the taxes paid by him shall be expended as the said Board of Trustees may determine; and in case any surplus of such levy may remain in the hands of the County Treasurer at the expiration of any fiscal year, that the same shall be applied and paid out for like purposes in the succeeding fiscal year.

Sec. 7. That the said Board of Trustees, in addition to the powers and duties now provided for Trustees of school districts in the general school law of this State, shall have the following powers and duties: 1. To procure, by purchase, lease or otherwise, suitable grounds, buildings and appliances for the use of the public schools of said district. 2. To elect and dismiss, the teachers of the public schools of said district, prescribe their duties, terms of office, to fix their salaries, and whenever deemed necessary may cause an examination of said teachers to be made; to determine and prescribe the books and studies to be used in said schools, and the terms and conditions upon which parties residing without the limits of said district may be admitted into the public schools thereof. 3. To fix the maximum age of pupils that may attend said schools or free public schools beyond sixteen: Provided, The maximum so fixed shall not exceed twenty years. 4. To assess upon scholars or charge as supplementary tuition fees such sum or sums as may be necessary to meet the expenses of the schools. 5. To determine the time and manner of disbursing the taxes herein authorized to be levied, and the purposes and object of such expenditures, except as hereinbefore limited. 6. To fill all vacancies occurring in said Board of Trustees by death, resignation, removal or otherwise. 7. Generally to make all rules and regulations deemcd by them proper for the management and government of the public schools in said district.

Sec 8. The Board of Trustees shall make an annual report of the schools of said district to the State Superintendent of Education on or before the 1st day of October in each year, to be forwarded through the office of the Sehool Commissioner of Lancaster County, which said report shall show the average number of pupils attending the public schools of said district as a basis for the apportionment to said district of its share of the school fund provided by the general school law.

Sec. 9. That the bonds of the County Treasurer and County Auditor shall stand as security for the faithful performance of the duties and trusts imposed upon them, respectively, by this Act, and that they shall receive such compensation for their services rendered under this Act as the said Board may allow; the amount allowed, however, not to exceed for any year fifty dollars each.

Sec. 10. This Act shall take effect immediately after its approval, and all Acts or parts of Acts inconsistent herewith are hereby repealed.

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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