North Carolina - Acts on Education Topics

An Act to Provide for a Graded School in the Town of Hendersonville, North Carolina.

1895 Public Laws: Chapter 266

Public Laws and Resolutions of the State of North Carolina Passed in 1895 - Pages 346-348.

The General Assembly of North Carolina do enact:

Section 1. That the mayor and council of the town of Hendersonville are authorized, at the next regular election in May, eighteen hundred and ninety-five (1895), or at any annual election thereafter, on petition of fifty citizens in said town, to submit to the qualified voters of said town, under the rules and regulations governing said annual elections, the question whether an annual assessment shall be levied therein for the support of one or more graded schools in said town. That such qualified voters at said election are authorized to vote on written or printed ballots the words "for schools", and "against schools", and the penalties for illegal and fraudulent voting in this said election shall be the same as in the annual election for mayor and councilmen in said town of Hendersonville.

Sec. 2. That in case a majority of the qualified voters at such election shall vote "for schools", an assessment 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 town tax collector shall be subject to the same liabilities for the collection and paying over to the town treasurer as he is for town taxes: Provided, that the town tax collector, before receiving the annual list of said school taxes, shall enter into bond in the penal sum of double the amount of the assessment levied, payable to the town of Hendersonville, conditioned for the faithful collecting and accounting for said assessment, and his compensation for said services shall not exceed that allowed in collecting the other town taxes: Provided, further, that the special assessments so levied and collected shall not exceed twenty-five (25) cents on the one hundred dollars' ($100) worth of property, and shall not exceed seventy-five (75) cents on the poll, and that all assessments thus levied and collected shall be applied exclusively for the support of one or more graded public schools, in manner as hereinafter provided.

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

Sec. 4. That the present board of trustees of the Hendersonville Academy, and their successors, and the school committee of Hendersonville public school district number twenty-two (22), and their successors, be, and they are hereby, constituted a board of trustees for the graded school for the white children. That said board shall have power to employ teachers, and to use, for the first two years, not exceeding one-third of the aggregate funds in repairing and equipping the Hendersonville Academy: Provided, the same shall first be legally appropriated for said graded school, and shall have power to do all such acts as may be necessary to carry on said graded school for the white children.

Sec. 5. That the money arising from the special assessment, herein provided for, collected from the property and polls of white persons shall, as soon as collected, be paid over to the treasurer of Henderson County, which, together with the funds from time to time appropriated by the board of education of Henderson County, under the general school law, to Hendersonville white district number twenty-two (22), shall stand to the credit of said graded school in the hands of said treasurer, and be paid out on the order of said board of trustees of the graded school for white children.

Sec. 6. That the school committee of Hendersonville colored district number three (3), and their successors in office, and W. A. Smith and J. Williams, be, and they are hereby, constituted a board of trustees for the graded school for the colored children; that said board shall have power to fill all vacancies occurring in said board, to employ teachers, and to do all such acts as shall be necessary to carry on said graded school for the colored children.

Sec. 7. That the money arising from the special assessment herein provided for collected from the property and polls of colored persons shall, as soon as collected, be paid over to the treasurer of Henderson County, and held by him subject to the orders and directions of the board of trustees of said public graded school for the colored children and the school committee of said colored district number three (3).

Sec. 8. That the board of trustees, as herein constituted, may admit, as pupils in the said graded schools, children who reside outside of the corporate limits of said town, upon the payment of such rates of tuition as may be established by the board: Provided, that said board may admit, free of tuition, the children of parents who own taxable property within said town.

Sec. 9. That the principal and teachers of the schools in this Act provided for shall not be subject to the restrictions and limitations as to salary provided in the public school laws of the state, but may be paid such compensation as may be deemed just and proper.

Sec. 10. That this Act shall be in force from and after its ratification.

Ratified the 11th day of March, A.D. 1895.

Elias Carr, Governor
Rufus A. Doughton, Lt. Governor and President of the Senate
Zebulon Vance Walser, Speaker of the House of Representatives

State of North Carolina,
Office of Secretary of State,
Raleigh, May 23rd, 1895.

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

Octavius Coke,
Secretary of State.



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