South Carolina - Acts on Education Topics

An Act to Amend an Act Entitled "An Act to Provide for the Establishment of Separate School Districts in the Several Cities, Incorporated Towns and Villages, to Authorize the Levy and Collection of Special Taxes Therein, and to Authorize the Levy and Collection of Special Taxes in the Several School Districts Now Formed or Hereafter to be Formed Outside of Cities, Incorporated Towns and Villages," Approved December 24th, A.D. 1888.

December 18, 1893

Acts and Joint Resolutions of the General Assembly of South Carolina 1893, Pages 402-405.
Click Here to view the original Act of December 24, 1888.

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 Act entitled "An Act to provide for the establishment of separate school districts in the several cities, incorporated towns and villages in this State, to authorize the levy and collection of special taxes therein, and to authorize the levy and collection of special taxes in the several school districts now formed or here after to be formed outside of cities, incorporated towns and villages," approved December 24th, A. D., 1888, be, and the same is hereby, amended by striking out the word "two" after the words "not exceeding," on the fifteenth line of the second Section, and inserting the word "four "in its stead; also by inserting after the word "tax duplicates" and before the words "and the" on the twenty-first line of said Section the following: "And the Auditor shall annually each year thereafter enter said amount in his tax duplicates until the same is increased, decreased or repealed by said taxpayers at a meeting called for that purpose, and he is notified that the same has been increased, decreased or repealed, and if increased or decreased he shall enter it annually as before, which meeting shall be called and notice given in the same way and manner as is herein provided for the calling of meetings to make the levy and the giving of the notice that it has been made;" also by striking out the word "two" after the words "not exceeding" on the fifth line of Section 3 and inserting the word "four" instead; also by striking out the word "his" after the words "school in" on the third line of Section 4 and inserting therefor the words "said school;" and also by adding to Section 5 the following: "Provided, Said district or districts is without Trustees." So that said Act when amended shall read as follows:

"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 establishing and maintaining graded or other public schools in any city, incorporated town or village in this State, such city, incorporated town or village desiring to establish and maintain the same, and to receive the benefits of this Act, are hereby constituted and declared to be separate school districts.

"Sec. 2. That the voters of said school districts who return real or personal property of the value of one hundred dollars for taxation are authorized to levy and collect an annual tax to supplement any Constitutional or other tax for like purposes, and for said purposes the Trustees of said school districts, upon the written request of a majority of resident freeholders of the age of twenty-one years and over, shall call a public meeting of said taxpayers at any time before the first day of June of any fiscal year, which meeting must be advertised in a newspaper published in such city, incorporated town or village, once a week for two weeks, or posted in three conspicuous places in such school district for said length of time; and when assembled said meeting shall have the power to elect a chairman and secretary, to adjourn from time to time, to levy such special tax, not exceeding four mills, and to appropriate the same to such school purposes, as a majority present shall see fit; that no tax so levied shall be repealed at any subsequent meeting; that within ten (10) days after said meeting the chairman thereof shall furnish the Board of Trustees of such school district and the County Auditor with the amount so levied, and the Auditor shall enter the same in his tax duplicate, and he shall annually each year thereafter enter said amount in his tax duplicates until the same is increased, decreased or repealed by said taxpayers at a meeting called for that purpose and he is notified the same has been increased, decreased or repealed, and if increased or decreased he shall annually enter it as before, which meeting shall be called and notice given in the same way and manner as is herein provided for the calling of meetings to make the levy and the giving of the notice that it has been made, and the County Treasurer shall collect the same as other County and State taxes; such levy shall be a lien on the property in such school district, which shall be subject thereto in case of default of payment; that said tax so collected shall be paid out by the County Treasurer upon warrants drawn by the Board of Trustees, countersigned by the County School Commissioner: Provided, That any surplus of such levy remaining in the hands of the County Treasurer at the expiration of any fiscal year shall be paid out as herein provided and to be used for like purposes.

"Sec. 3. That the voters of any school district now formed or that may hereafter be formed by the County Board of Examiners, whose territory includes and extends beyond the limits of any city, incorporated town or village in this State, or of any school district now formed or that may hereafter be formed by the County Board of Examiners outside of cities, incorporated towns or villages in this State, who return real or personal property for taxation of the value of one hundred dollars, desiring to levy a tax not exceeding four mills, for the use and purposes hereinbefore mentioned in this Act, are hereby authorized and empowered to levy, collect and disburse such tax in the same manner and upon the same conditions prescribed in Section 2 of this Act for the levy, collection and disbursement of taxes for separate school districts in cities, incorporated towns or villages in this State: Provided, That this Act shall not interfere with any school district which has heretofore been created by special Act.

"Sec. 4. 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 in said school district he wishes the money paid by him to go, and the Treasurer shall keep a note of such designation, and the money be applied as thus designated. Where no designation is made by the taxpayer at the time of such payment the money shall be expended as other school funds in such district.

"Sec. 5. That it shall be the duty of the County Board of Examiners, as soon as the written request provided for in Section 2 shall have been made, to appoint three freeholders in said school district or districts to act as Trustees thereof: Provided, Said district or districts be without Trustees.

"Sec. 6. That whenever petition shall be made by a majority of the voters in any section not included in any separate school district to the County Board of Examiners of any County praying that the section designated by them be established as a separate school district, the said County Board of Examiners are hereby authorized and required to establish such section as a separate school district, and said Board is hereby empowered to make such regulations for the government of same as may be conformable to law.

"Sec. 7. That whenever it shall happen that by reason of the location of special school districts portions of two adjacent Counties should, for convenience, be included in one school district, the County Board of Examiners of such Counties are hereby authorized and directed in joint conference to make such regulations as will enable such sections to be established into a separate school district.

"Sec. 8. That all Acts and parts of Acts inconsistent with any of the provisions of this Act be, and the same are hereby, repealed.

Approved: December 18th, A.D. 1893.

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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