South Carolina - Acts on Education Topics

An Act to Amend Chapter XIX of the General Statutes, Relating to Free Public Schools.

December 24, 1883

Acts and Joint Resolutions of the General Assembly of South Carolina 1883, Pages 534-538.

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 Section 1002 of Chapter XIX of the General Statutes be amended by adding after the word "Treasurer" in line 5 of the printed volume of said Statutes the words: "He shall at the same time, when deemed advisable by the County Board of Examiners, apportion from the income of the two mill tax on property a sum not exceeding two hundred dollars to defray the expenses of Teachers, Institutes conducted under regulations prescribed by the State Superintendent of Education, which sum shall be drawn on his warrant upon the County Treasurer, approved by the other two members of the County Board of Examiners. He shall take duplicate vouchers for such expenditures, and file the same, with an itemized statement, with the Superintendent of Education." So that said Section, as amended, shall read:

"Sec. 1002. He shall, annually, on the first day of February, or as soon as practicable thereafter, apportion the income of the County school fund among the several school districts of his County in proportion to the average number of pupils attending the free public schools in each district, and he shall certify such apportionment to the County Treasurer. He shall at the same time, when deemed advisable by the County Board of Examiners, apportion from the income of the two mill tax on property a sum not exceeding two hundred dollars to defray the expenses of Teachers, Institutes conducted under regulations prescribed by the State Superintendent of Education, which sum shall be drawn on his warrant upon the County Treasurer, approved by the other two members of the County Board of Examiners. He shall take duplicate vouchers for such expenditures, and file the same, with an itemized statement, with the State Superintendent of Education."

Sec. 2. That Section 1003 of said Chapter be amended by adding after the words "duties" in line 4 of the printed volume of said Statutes the words "and such traveling expenses as he may have incurred, not exceeding one hundred dollars, in visiting the schools of his County." That the said Section be further amended by inserting after the word "services" in line 5 of said printed volume the words "and expenses." So that the said Section, as amended, shall read:

"Sec. 1003. Each County School Commissioner shall receive such compensation as the County Board of Examiners, as hereinafter provided for, may allow him, not to exceed three dollars a day, to be determined by the County Board of Examiners, for each day actually employed in the discharge of his official duties, and such traveling expenses as he may have incurred, not exceeding one hundred dollars, in visiting the schools of his County. His claim for services and expenses shall be presented in the form of an account against the County Board of Examiners, and shall be verified by affidavit to the effect that said account is just and true, that the service therein named was honestly and faithfully rendered, and that the sum therein claimed is rightfully due and remains unpaid. When said account shall have been duly audited and approved by the County Board of Examiners, it shall be filed with the County Treasurer, who shall pay the same rateably out of the funds apportioned to the several school districts in proportion to the average number of children attending the free public schools in each school district: Provided, That the County Board of Examiners shall determine the number of days in each year in which the said County School Commissioner may labor in the performance of the duties required of him: Provided, further, That the number of days in each and every year for which said compensation shall be allowed shall in no case exceed two hundred days, except in Charleston County, where the number of days shall not exceed three hundred. In deciding the number of days for which each County School Commissioner shall be allowed compensation in each
and every year, and in making the assessment on each school district, as provided for in this Section, the County Auditor shall, as a member of the Board, act in place of the County School Commissioner; and it shall be the duty of said County Board of Examiners to certify to the County Treasurer the amount assessed on each school district."

Sec. 3. That Section 1005 of said Chapter be amended by inserting after the word "year" in line 10 of said printed volume the following sentence: "The said Examiners shall receive for the services rendered by them, pursuant to the provisions of this Chapter, compensation at the rate of three dollars per diem for not exceeding five days in each year, to be apportioned from the school fund of the County and drawn on the warrant of the County School Commissioner." So that the said Section, as amended, shall read:

"Sec. 1005. There shall be in each County a Board of Examiners, composed of the County School Commissioner and two other persons, to be appointed by the State Board of Examiners, who shall hold office for the term of two years from the time of their appointment, and until their successors shall be qualified, unless sooner removed by the State Board of Examiners. No person shall be appointed a member of the County Board of Examiners who is not competent to teach a first grade school. The County Board of Examiners shall examine all candidates for the profession of teacher, and give to each person found qualified a certificate setting forth the branches of learning he or she may be capable of teaching, such examination to be renewed every year. The said Examiners shall receive for the services rendered by them, pursuant to the provisions of this Chapter, compensation at the rate of three dollars per diem for not exceeding five days in each year, to be apportioned from the school fund of the County and drawn on the warrant of the County School Commissioner. No teacher shall be employed in any of the free public schools without a certificate from the County Board of Examiners or the State Board of Examiners."

Sec. 4. That Section 1018 of said Chapter be amended by striking out the words "to be paid for out of the school fund of said County." So that the said Section, as amended, shall read:

"Sec. 1018. The County Commissioners of each County are authorized and required to furnish the School Commissioner of their County with a comfortable and convenient office and suitable office furniture, and to supply said office with fuel, lights, stationery, postage, and such other incidentals as are necessary to the proper transaction of the legitimate business of his office."

Sec. 5. That Section 1019 of said Chapter be amended by inserting after the word "State" in line 2 of said printed volume the words "except such as are otherwise provided for in this Chapter." So that said Section, as amended, shall read:

"Sec. 1019. All claims of every description whatsoever which are chargeable against the fund raised for the support of the free public schools of the State, except such as are otherwise provided for in this Chapter, must be signed by at least two members of the Board of Trustees of the School District in which the service is rendered; and the correctness and legality of the same shall be sworn to and subscribed by the person presenting such claim, before it shall be approved by the person or persons authorized by law to give such approval.

"All School Trustees and School Commissioners are hereby invested with the power, and are required, free of charge, to administer oaths to persons presenting the claims contemplated by this Section, as fully, to all intents and purposes, as are other persons who by the laws of this State are qualified to administer oaths.

"It shall be the duty of the County School Commissioners on the thirteenth day of April in each year to report to the County Treasurer a statement of all school claims approved by him during the fiscal year last preceding; and the County Treasurer shall thereupon close the school accounts for that year, carrying over any balance to the credit of the then current fiscal year: Provided, Nothing herein contained shall in any way repeal, conflict with or modify the provisions of Section 40 of an Act entitled 'An Act to alter and amend the school law of South Carolina,' approved March 22, 1878, (Section 1014)."

Sec. 6. That Section 1023 of said Chapter be amended by adding after the word "Commissioner," on line three of said printed volume, the words "or as Otherwise directed in this Chapter." So that the said Section, as amended, shall read:

"Sec. 1023. All moneys disbursed by any County Treasurer on account of school funds or taxes or poll tax shall be paid on the orders of the Boards of School Trustees, countersigned by the County School Commissioner, or as otherwise directed in this Chapter.

"Each County Treasurer shall make out and forward to the State Superintendent of Education annually on the first day of November a certified statement showing (by school districts) the amount of poll tax and the amount of all other school taxes collected by him for the fiscal year ending on the thirty-first of October next preceding; and should any County Treasurer fail, neglect or refuse to make and forward the statement as herein required, the State Superintendent of Education shall make a written complaint to the Circuit Solicitor for the County in which the said Treasurer resides, who shall prosecute the said County Treasurer for the same; and on conviction thereof he shall be subject to a fine of five hundred (500) dollars, the same to be used for free public school purposes in his County."

Sec 7. That all Acts and parts of Acts inconsistent with this Act be, and the same are hereby, repealed.

In the Senate House, the twenty-fourth day of December, one thousand eight hundred and eighty-three.

John C. Sheppard, President of the Senate.
James Simons, Jr., Speaker of the House of Representatives.

Approved: December 24th, A.D. 1883.
Hugh S. Thompson, Governor.



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