North Carolina - Acts on Education Topics

An Act to Establish a Graded School in the Town of Durham.

1881 Public Laws: Chapter 231

Public Laws of the State of North Carolina Passed in 1881 - Pages 433-435.

The General Assembly of North Carolina do enact:

Section 1. That commissioners for the town of Durham are hereby authorized to submit to the qualified voters of said town, at such time and under such rules and regulations as the said commissioners may prescribe, whether an annual tax shall be levied therein for the support of a graded school in said town. That such qualified voters at such election are authorized to vote on written or printed ballots the words, "for school" and "against school," and the penalties for illegal and fraudulent voting in this election shall be the same as in the annual elections for mayor and commissioners of the town of Durham.

Sec. 2. In case a majority of the qualified voters at such election shall be in favor of such tax, the same shall be levied and collected by the town authorities under the same rules and regulations by which other town taxes are levied and collected, and the tax collector shall be subject to the same liabilities for the collection and disbursement of said tax as he is or may be for other town taxes: Provided, The special taxes so levied and collected shall not exceed one-fifth of one per centum on the value of property and seventy-five cents on the poll, and that the taxes thus levied and collected shall be applied exclusively for the support of a "graded public school," and shall not be appropriated or expended for any other purpose.

Sec. 3. The special taxes thus levied and collected from the taxable property and polls of white persons shall be expended in keeping up a graded public school for white persons of both sexes, between the ages of six and twenty-one years; and the special taxes thus levied and collected from the taxable property and polls of colored persons shall be expended for the benefit of the public schools of the colored children of both sexes, between the ages of six and twenty-one years, in said town.

Sec. 4. If a majority of the qualified voters of the town of Durham shall vote "for school," the commissioners for said town, at their next regular meeting, and their successors in office at their first regular meeting, in the month of June annually thereafter, shall elect three gentlemen of integrity and ability, qualified voters of said town, to constitute "The Durham Board of Education and Learning," and the said "Durham Board of Education and Learning," the school committee for the school district in Orange County composed of the town of Durham, and the mayor of the town of Durham, who ex-officio shall be chairman, but have no vote except in case of a tie, shall be and are hereby created a body corporate by the name of the "Durham Graded School Committee," which shall have full control and management of the "Durham Graded School," and each member of said "graded school committee" shall continue in office until his successor shall be elected or appointed and qualified.

Sec. 5. The Durham Graded School Committee may sue and be sued, have a common seal, purchase and hold real and personal property not exceeding fifty thousand dollars in value, and may adopt any rules and regulations for its government not inconsistent with the laws of North Carolina.

Sec. 6. The principal and teachers of such graded publie school shall not be subject to the restrictions and limitations as to salary, prescribed by section fifty-one of chapter sixty-eight of Battle's Revisal; but may be paid such compensation as the "Durham Graded School Committee" may deem just and proper.

Sec. 7. This Act shall be in force from and after its ratification.

In the general assembly read three times, and ratified this the 9th day of March, A.D. 1881.

Thomas J. Jarvis, Governor
Charles M. Cooke, Speaker of the House of Representatives
James L. Robinson, Lt. Governor and President of the Senate

State of North Carolina,
Office Secretary of State,
Raleigh, May 14th, 1881.

I, William L. Saunders, Secretary of State, hereby
certify that the foregoing are true copies of the original
acts and resolutions on file in this office.

William L. Saunders,
Secretary of State.



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