South Carolina - Acts on Education Topics

An Act to Amend an Act to Provide for the Establishment of a New School District in Abbeville County and to Authorize the Issue of Bonds by Said School District and the Levy of a Local Tax Therein," Approved December 18th, 1891.

February 28, 1896

Acts and Joint Resolutions of the General Assembly of South Carolina 1896, Pages 354-356.
Click Here to view the original Act of December 18, 1891.

Section 1. Be it enacted by the General Assembly of the State of South Carolina, That an Act entitled "An Act to provide for the establishment of a new school district in Abbeville County and to authorize the issue of bonds by said school district and the levy of a local tax therein," approved December 18th, 1891, be, and the same is hereby, amended by striking out Sections 7, 8, 9, 10 and 11 of said Act and inserting in lieu thereof the following, to wit:

"Section 7. That for the purpose of paying the interest on said bonds and the principal, when due, it shall be the duty of the County Auditor of the County of Abbeville, or such other officer as may be charged with the assessment of taxes, to compute annually the amount necessary to be raised, and to levy the same upon the real and personal property in said school district, and the amount so levied shall be collected by the County Treasurer of the County of Abbeville and held by him for the purpose of paying the said interest or principal, if any be due, and shall be used for no other purpose whatever: Provided, That the amount collected for the purpose of paying the principal of said bonds may be used by the Trustees of said school district for the purpose of buying said bonds, which when so bought shall be forthwith cancelled, together with the coupons thereto attached, except so much of the said coupons as may be sufficient to pay the premium on bonds so purchased; and in case the amount collected is not so used, it shall be invested by the said Trustees in State bonds or other safe interest-bearing securities until a sum sufficient to pay off the whole of said bonds outstanding shall have been collected and so invested. The action of the Trustees in heretofore buying said school bonds with the fund collected for the payment of the principal of the same when due, and in cancelling the bonds so bought, is hereby declared valid.

"Section 8. That for the support of the schools of the said school district, it shall be the duty of the County Auditor to levy annually for five years upon all the property returned for taxation in said school district such tax, in addition to that provided for in the Constitution, as may be recommended by the Board of Trustees, not to exceed four mills in any year, and said tax shall be collected by the County Treasurer at the same time that he collects State and County taxes: Provided, That a majority of the qualified electors of said school district voting shall vote in favor of said tax at an election, to be held under the direction of the said Board of Trustees, on the fourth Tuesday in January, 1897; and an election upon the question of continuing said tax shall be held at the end of each period of five years thereafter: Provided, further, That each taxpayer, when he pays any tax voted under the provisions of this Section, 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 shall be applied as thus designated. The County Auditor and County Treasurer shall be paid such compensation as the said Trustees think proper for the services required of them under this Act.

"Section 9. That the Trustees herein provided for shall have exclusive control of the free school in said school district, and shall be invested with all the powers of School Trustees under the general school law. And may also fix the terms on which new residents of said school district shall be admitted to the schools thereof. The said Board of Trustees shall make a full report of receipts and disbursements and of all their transactions pertaining to the schools of said school district each year.

"Section 10. All taxes assessed and collected under the provisions of this Act for the support of the schools of said school district shall be paid out by the County Treasurer upon the warrant of the Chairman and Secretary of the said Board of Trustees, and all school funds in said school district arising from the poll tax, the Constitutional school tax, and from any and all other public sources, applicable to said school district shall be paid out by the said Treasurer upon a like warrant.

"Section 11. That the Board of Trustees of said school district shall be so constituted as that the term of three members thereof shall expire each year, and the qualified electors of said school district shall at an annual meeting herein provided for elect their successors. Members of the said Board shall be eligible for re-election. The term of office of said Trustees shall begin on the first day of January. The Board of Trustees shall call a meeting of the qualified electors of said school district on the Tuesday next preceding the first day of January of each year and shall give notice of the time and place of such meeting by publication twice in a newspaper published in said school district, which meeting shall elect Trustees and transact any other business pertaining to said school district which may properly come before it. The present Board of Trustees shall continue in office until the first day of January, 1897, and shall at their first meeting after the approval of this Act determine by lot which three of their number shall go out of office at said time, and which three shall go out in 1898, and which three in 1899. The Board of Trustees are empowered to fill vacancies in said Board for less than one year."

Approved: February 28th, A.D. 1896.

John Gary Evans, Governor.
W.H. Timmerman, Lt. Governor and President of the Senate.
Frank Boyd Gary, Speaker of the House of Representatives.



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