South Carolina - Acts on Education Topics

An Act for the Establishment of a New School District in the County of York, to be Known as the Ebenezer School District, and to Authorize the Levy and Collection of a Local Tax Therein.

December 24, 1892

Acts and Joint Resolutions of the General Assembly of South Carolina 1892, Pages 365-368.

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 area embraced in the following boundaries, to wit: Beginning at a rock about one hundred and fifty yards North of the Charleston, Cincinnati and Chicago Railroad on the lands of Peter Garrison in Ebenezer Township in York County, running thence N. 42 E. 173 chains to a rock on lands of Jesse Harris; thence S. 44 E. 280 chains to a hickory tree on lands of Mrs. M. L. Neely; thence S. 42 W. 168 chains to stake on lands of Rock Hill Town Site Company; thence S. 59 W. 112 chains to large black gum on bank branch on lands of R. W. Roach; thence N. 44 W. 160 chains to stake on lands of W. J. Rawlinson; thence N. 10 E. 155 chains to the beginning, embracing an area of about ten square miles, having for its centre Ebenezer Academy, situated on Ebenezer Church lot, be, and the same is hereby, created a special school district in said County, to be known as the Ebenezer School District, and shall be 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: Provided, The lands and personal property of Samuel Roach and of R W. Roach shall be exempt from the operations of this Act, and they, the said Samuel Roach and R. W. Roach, shall not be members of the body corporate composing the said school district.

Sec. 2. 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 returned in said district, except on the property of Samuel Roach and R. W. Roach, whose property has been hereinbefore excepted, a tax not exceeding two mills on the dollar, subject to the following provisions: The School Trustees of said district shall at any time previous to the 25th day of February of each year, upon the written request five property holders, issue a call for a public meeting of all those citizens of said district and State who return real or personal property in said district; and such notice shall be published in a newspaper and posted in two public places in said district for at least two weeks before such meeting, and shall specify time and place and object of such meeting. When so assembled, the persons answering the above description shall have power first to elect 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 district, not to exceed the limits hereinbefore mentioned, shall be assessed and levied, and to assess and levy the same for educational interests of said district, under the direction of the Trustees thereof: Provided, That no tax thus assessed and levied shall be repealed at any subsequent meeting. Second, and in case any vacancy in the Board of Trustees should exist, they shall also have power to nominate (subject to the approval of the remaining members of said Board of Trustees of said district) proper persons to fill such vacancy. At all of such meetings, only those persons shall vote who are citizens of said State, residing in said district, and who return real or personal property within said district for taxation.

Sec. 3. That it shall be the duty of the Chairman and Secretary of said meeting, within one week after the said meeting has been held, to notify the Chairman of the Board of Trustees for said school district and the Auditor of said County of the amount of the tax thus assessed and levied by said school district, and the County Auditor shall at once enter 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 upon all property until paid, and defaulting taxpayers shall be liable to like process and penalties as defaulters for State and County taxes.

Sec. 4. That the money collected from said tax levy and the Constitutional poll and two mill 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, and said Treasurer shall be liable to said school district for the non-performance of his duty in respect to said money in the same manner and to the same extent, and under like penalties, as for the non-performance of his duties in reference to State and County taxes.

Sec. 5. That J.H. Barry, A.A. Barron, S.A. Fewell, A.B. Fewell, R.G. Garrison, John H. Steele and J.A. Shurley, and their successors to be appointed under the provisions of this Act, be, and the same are hereby, constituted a Board of Trustees for said school district, and who shall hold said office of Trustees during residence in said school district or good behavior.

Sec. 6. That the said Board of Trustees, in addition to the duties and powers now provided by the General School Law for Trustees of school districts, shall have the following duties and powers: 1. To select and purchase suitable buildings and grounds, and to erect suitable buildings and other improvements for the use of the public schools of said district. 2. To elect and dismiss the superintendents and teachers of said school district, 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 of books and studies to be used in said schools, and to make rules and regulations for the government of said schools, and to prescribe and regulate the terms and conditions upon which parties residing without the limits of said district may be admitted into the public schools thereof. 3. To assess upon scholars as supplementary tuition fees such sum or sums as may be necessary to meet the expenses of the school attended by them. 4. To determine and direct the manner in which the tax hereinbefore authorized, and the Constitutional poll and two mill tax provided by law, shall be expended in maintaining the public schools of said district, and to disburse the same upon their warrants drawn upon the County Treasurer as aforesaid. 5. To fill all vacancies occurring in said goard of Trustees by death, resignation, removal or otherwise.

Sec. 7. 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 School Commissioner of York County, and which said annual report shall show the average number of pupils attending the free public schools of said district, and from which shall be apportioned to the said school district its proportionate part of the school fund as provided by the General School Law.

Sec. 8. That the School Commissioner of York County shall have jurisdiction only over the schools and educational interests of said County not comprised within the limits of said school district.

Sec. 9. That this Act take effect from the date of its passage, and all Acts or parts of Acts inconsistent with this Act
be, and the same are hereby, repealed.

Approved: December 24th, A.D. 1892.

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

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