North Carolina - Acts on Education Topics

An Act to Establish Graded Schools in the Counties of Nash and Edgecombe.

1883 Public Laws: Chapter 330

Public Laws of the State of North Carolina Passed in 1883 - Pages 495-500.

The General Assembly of North Carolina do enact:

Section 1. That the board of commissioners of the county of Edgecombe are hereby authorized to submit to the qualified voters of that portion of Rocky Mount (number twelve) and Battleboro (number seventy-seven) townships in said county, embraced in the description given in section two of this Act, on the first Monday in June, Anno Domini, one thousand eight hundred and eighty-three, whether an annual tax shall be levied therein for the support of a graded public school for the white children and a graded public school for the colored children at Rocky Mount. That the board of commissioners of the county of Nash are hereby authorized to submit to the qualified voters of that portion of Rocky Mount and Stony Creek townships in said county, embraced in the description given in section two of this Act, on the first Monday in June, Anno Domini one thousand eight hundred and eighty-three, whether any annual tax shall be levied therein for the support of a graded public school for the white children, and a graded public school for the colored children at Rocky Mount. Each voter shall vote a written or printed ballot with the words "for school" or "no school," and said election shall be conducted under the same rules, regulations and penalties as are prescribed for the election of members of the general assembly, with this exception, however, that all the voters in that portion of Edgecombe County embraced in said boundary shall vote in one ballot box in the town of Rocky Mount, Edgecombe County, and that all the voters in that portion of Nash County embraced in said boundary shall vote in one ballot box in the town of Rocky Mount, Nash County.

Sec. 2. That the boundary of said graded school territory shall be as follows, to-wit: beginning on the Wilmington and Weldon Railroad at K. C. Pope's corner, thence with the said K. C. Pope's northern boundary to J. J. Battle's land, thence with the said J. J. Battle's northern and eastern boundary line to the late Dr. J. P. Battle's land, thence with his northern and eastern boundary to H. H. and J. P. Doughtry's lands, thence with their northern and eastern boundary to T. W. Battle's land, thence with T. W. Battle's northern and eastern boundary to Tar River, thence with the said Tar River to the boundary line of Rocky Mount Township, thence with the boundary line of Rocky Mount Township to the Rocky Mount and Tarboro Road, thence up the said road to the Bullock Path, thence with the said Bullock Path to the Cokey Road, thence with the said Cokey Road to upper Cokey Bridge, thence with the line of Rocky Mount Township to the Wilmington and Weldon Railroad, thence with the said Wilmington and Weldon Railroad to the Raleigh and Tarboro Road, thence with the Raleigh and Tarboro Road to Louis Joyner's, thence via Lemmon's Bridge and Gasenburg by the Enfield Road to Stony Creek, thence down Stony Creek to Drew Bone's corner below W. R. Winstead's mill, thence with the said Bone's line to the line of the lands of the Rocky Mount Mills, thence with the western boundary of the Rocky Mount Mills land to Gray Armstrong's line, thence with the western boundary of Gray Armstrong's line to John A. Thorp's land, thence with the northern and western boundary of John A. Thorp's land to Henry Peal's land, thence with the northern boundary of said Henry Peal's land to George C. Battle's land, thence with the northern boundary of George C. Battle's land to J. E. Lindsay's land, thence with the northern boundary of J. E. Lindsay's land to John Thorp's land, thence with the northern boundary of John Thorp's land to J. L. Summer's land, thence with the northern boundary of J. L. Summer's land to the Wilmington and Weldon Railroad, thence with the Wilmington and Weldon Railroad to the beginning.

Sec. 3. That if a majority of the voters within the territory hereinbefore described shall be in favor of such tax, the same shall be levied and collected in the same manner as provided by law for levying and collecting state and county taxes, and the sheriffs of the counties of Nash and Edgecombe shall collect the portions of taxes levied in their respective counties and pay over the same to the treasurer of the Rocky Mount graded schools, under the same liabilities as are now prescribed by law for the collecting and paying over other taxes collected by them: Provided, that the special tax so levied and collected shall not exceed one-third of one percent, on personal and real property and one dollar on the poll.

Sec. 4. That the special taxes thus levied and collected from the taxable property and poll of the white persons shall be expended in keeping up a graded public school in said town 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 poll of colored persons shall be expended in keeping up a graded public school in said town for colored persons of both sexes between the ages of six and twenty-one years.

Sec. 5. That Jacob Battle, Thomas C. Powell, Daniel Abram, J. J. Battle, T. P. Braswell, John H. Thorp and James S. Battle, be and they are hereby constituted a board of trustees for the graded public school for the whites; that said board of trustees shall elect a treasurer, who shall hold his office for two years, and he shall give a good and sufficient bond in the sum of five thousand dollars, to be approved and accepted by the board of commissioners of Nash County, who shall record and file the same as other official bonds. That said board of trustees shall have power to fill all vacancies occurring in said board, to employ teachers and do all such acts as shall be necessary to carry on said graded school for the white children.

Sec. 6. That W. W. Parker, J. P. Doughtry, A. W. Arrington, S. L. Hart, Jr., Henry Lindsey, Samuel McLin and A. J. Bryant, be and they are hereby constituted a board of trustees for the graded public school for the colored children; that said board of trustees shall elect a treasurer, who shall hold his office for two years, and he shall give a good and sufficient bond in the sum of three thousand dollars, to be approved and accepted by the board of commissioners of Nash County, who shall record and file the same as other official bonds. That said board of trustees shall have power to fill all vacancies occurring in said board, to employ teachers and do all such acts as shall be necessary to carry on said graded public school for the colored children.

Sec. 7. That the public school money which shall from time to time be collected under the general school law for public school purposes for white children in said territory shall be paid to the treasurer of said white graded school, and by him applied under the order and directions of the said board of trustees for said white graded school for keeping up said school: Provided, however, that if the said graded school shall for any cause cease and determine, the public school money aforesaid shall be applied as now provided by law.

Sec. 8. That the public school money which shall from time to time be collected under the general school law for public school purposes for colored children in said territory shall be paid to the treasurer of said colored graded school, and by him applied under the order and directions of the board of trustees for the said colored graded school for keeping up said school: Provided, however, that if said school shall for any cause cease and determine, the public school money aforesaid shall be applied as now provided by law.

Sec. 9. That the sheriffs of the counties of Nash and Edgecombe are hereby authorized and directed to pay over the taxes collected under this Act to the treasurer of the said graded schools in the following manner, to-wit: they shall pay to the treasurer of the graded school for the whites that portion of the taxes collected for the whites, and pay to the treasurer of the graded school for the colored respectively: Provided, however, that no such payments shall be made until the said treasurers respectively have given their bonds as in this Act required.

Sec. 10. That no trustee of either of said graded schools shall, while acting as such, be a teacher therein.

Sec. 11. That if any of the trustees shall fail to attend three successive regular meetings of said board, they shall declare his office vacant and elect a successor: Provided, however, that this shall not apply if a satisfactory excuse be given.

Sec. 12. That 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. 1883.

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

State of North Carolina,
Office of Secretary of State,
Raleigh, May 24th, 1883.

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

William L. Saunders,
Secretary of State.



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