North Carolina - Acts on Education Topics

An Act in Relation to the Public Schools in the Town of Durham.

1887 Public Laws: Chapter 86

Public Laws of the State of North Carolina Passed in 1887 - Page 152-157.

The General Assembly of North Carolina do enact:

Section 1. The board of commissioners of the town of Durham shall and they are hereby authorized to submit to the qualified voters of said town, under such rules and regulations and at such time within six months after the ratification of this Act as the said commissioners may prescribe, whether a tax shall be annually levied therein for the support of the schools in said town provided for by this Act. At the election held under the provisions of this Act those who favor the levying of such tax shall vote on written or printed ballots without device the words, "For School," and those who are opposed to the levying of such tax shall vote on written or printed ballots without device the words, "Against School." 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. The commissioners shall give thirty days' notice of the time of holding said election in one or more newspapers published in the town.

Sec. 2. The inspectors of said election shall on the day following the election certify the number of votes cast and counted for and against school to the commissioners of said town, who shall proceed to declare at once the result of the election. And if a majority of the votes cast shall be in favor of such tax, the same shall be levied and collected by the town authorities under the same rules and regulations under 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 be less than sixteen and two-third cents on the one hundred dollars' valuation of property and fifty cents on the poll, nor exceed twenty cents on the one hundred dollars' valuation of property and sixty cents on the poll. The taxes levied and collected under the provisions of this Act shall be applied exclusively to the support and maintenance of the public schools in the town of Durham, and the school committee, whose appointment is hereinafter provided for, may establish one or more graded public schools in the town of Durham; and the taxes levied and collected under this Act shall not be appropriated or expended for any other purpose.

Sec. 3. For the purposes and benefits of this Act the town of Durham shall be and constitute a public school district for both white and colored in the county of Durham.

Sec. 4. If this Act shall be ratified at the election authorized to be held under it, the school committee of the town of Durham shall consist of six members instead of three as now required by the general school law of the state, to be appointed by the commissioners of the town of Durham at their next regular meeting held after the election provided for in this Act. The said school committee shall be divided by the said commissioners at the time of their appointment into three classes of two each. The term of office of the first class shall expire at the end of two years from the date of this appointment, and the term of office of the second class shall expire at the end of four years from said time of appointment, and the term of office of the third class shall expire at the end of six years from said time. Wherever the term of office of any class shall expire as above provided, their successors shall be appointed for a term of six years by the said commissioners. Whenever any vacancy occurs in said committee except by expiration of the term of office, the vacancy for the unexpired term of the member or members shall be filled by the said committee.

Sec. 5. That the school committee provided by this Act shall have entire and exclusive control of the public school interests and property in the town of Durham, shall prescribe rules and regulations for their own government, not inconsistent with the provisions of this Act, shall employ and fix the compensation of officers and teachers of the public schools or graded public schools annually, subject to removal by the said committee, shall make an accurate census of the school population of the town as required by the general school law of the state, and do all other acts that may be just and lawful to conduct and manage the public school interests in said town: Provided, all children resident in the town of Durham, between the ages of six and twenty-one years, shall be admitted into said schools free of tuition charges.

Sec. 6. The school committee created by this Act may elect annually a superintendent of the schools established under this Act, who shall be the principal of the graded school for white children, if the same shall be established. The said superintendent shall examine all applicants for teachers' positions in the said schools, and issue certificates to the same, and shall do and perform such other duties as may be prescribed by said school committee.

Sec. 7. The moneys which shall, from time to time be apportioned under the general school law of the state to the Durham public school district, and any moneys to which the said district may be entitled by reason of any special tax, gift, grant, apportionment or otherwise, shall be received by the treasurer of the town of Durham, who shall be ex-officio treasurer of the said school committee and whose receipt for such moneys shall constitute a sufficient voucher of such payment in the hands of any person paying the same, and the said treasurer shall report monthly to the said school committee his receipts and disbursements with all vouchers for the same. The moneys received as aforesaid shall be held by the treasurer as a separate fund to be disposed of under the direction of the aforesaid school committee, whose warrants signed by the chairman and countersigned by the secretary of said committee shall be the only valid vouchers in the hands of said treasurer for the disbursement of said money in any settlement required of him by law. The said treasurer shall furnish annually to the board of town commissioners a statement in writing of his receipts and disbursements of the school money properly and duly audited and approved by the chairman and secretary of the school committee: Provided, the accounts, books and vouchers of the said treasurer shall be open for the inspection of the said school committee at any time.

Sec. 8. The bond now required of the treasurer of the town to protect public funds of the town in his hands shall be an amount sufficient to include double the amount received under this Act, independent of the amount to secure other funds which may come into his hands. The said treasurer shall receive as compensation a commission of two per centum on the funds received from special taxes levied and collected under this Act and disbursed.

Sec. 9. The school committee provided for by this Act shall apportion the money raised or received for educational purposes in the town of Durham, as shall be just to the white and colored races, without discrimination in favor of or prejudice to either race, due regard being paid to the cost of keeping up and maintaining the public schools of both races. And the committee created by this Act shall perform the duties and have all the powers that the graded school committee had under an Act entitled "An Act to Authorize the Town of Durham to Issue Bonds," being chapter eighty-seven, private laws eighteen hundred and eighty-five, ratified by the general assembly of North Carolina the seventh day of March, eighteen hundred and eighty-five.

Sec. 10. That the said committee shall make to the board of town commissioners annually, at the same time as is required under the school laws of the state, a report containing an accurate census of the school population of the town, showing the work done and money expended under their direction in the town of Durham, on account of public schools therein, a copy of which report shall be forwarded to the superintendent of public instruction in the state, and a copy to the superintendent of public instruction in the county of Durham. The beginning and ending of the school year shall be fixed by the committee.

Sec. 11. The school committee hereby created shall be a body corporate by the name and style of "The School Committee of the Town of Durham, Durham County," and by that name shall be capable of receiving gifts and grants, of purchasing and holding real and personal estate, of selling, mortgaging and transferring the same for school purposes, of prosecuting and defending suits for or against the corporation hereby created. Conveyances to said school committee shall be to them and their successors in office, and all deeds, mortgages and other agreements affecting real estate shall be deemed sufficiently executed when signed by the chairman, one member of the committee and the secretary thereof and the seal of the corporation affixed thereto. The corporation shall have a corporate seal, which it may break and alter at pleasure.

Sec. 12. That all laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 13. That this Act shall be in force from and after its ratification.

In the general assembly read three times, and ratified this the 22d day of February, A.D. 1887.

Alfred M. Scales, Governor
Charles M. Stedman, Lt. Governor and President of the Senate
Thomas M. Holt, Speaker of the House of Representatives

State of North Carolina,
Office Secretary of State,
Raleigh, May 31st, 1887.

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

William L. Saunders,
Secretary of State.



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