South Carolina - Acts on Education Topics

An Act for the Establishment of a New School District in Chester County, to be Known as the "Edgemoor School District," and to Authorize the Levy and Collection of a Local Tax Therein.

December 24, 1890

Acts and Joint Resolutions of the General Assembly of South Carolina 1890, Pages 838-841.

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 the territory embraced in the following limits, to wit: Beginning at a point opposite the residence of Henry Lee, where the York and Chester lines cross the Landsford and Yorkville roads, and running thence with said line to Fishing Creek, thence down said Fishing Creek to Lyme's Mill, thence in a straight line to the John Fudge old homestead, now occupied by C. B. Betts, Jr., thence in a straight line to the point on Fishing Creek where the Landsford and Lewisville Township line crosses said creek, thence along said township line to the Landsford road, thence up Landsford road to the site of the old Newland house, thence in a straight line to the beginning, be, and the same is hereby, created a special School District in said County, to be known as the "Edgemoor School District," and shall be a body politic and corporate, with such rights and privileges and liabilities as are provided for School Districts by the General School Law of South Carolina.

Sec. 2. That in addition to the rights and privileges hereinbefore granted, the said School District shall have the power to levy, on all real and personal property returned in said District, a tax not exceeding four mills on the dollar, subject to the following provisions: The School Trustees of said District shall, at any time previous to the twenty-fifth day of December of each year, upon the written request of five property holders, issue a call for a public meeting of all the citizens of said District and State who return real or personal property in said District, and such notice shall be posted in two public places in said District for at least two weeks before such meeting, and shall specify time, object and place of such meeting. When so assembled, the persons answering the above description shall have power to elect a Chairman and Secretary, adjourn from time to time, decide what tax, if any, in addition to the Constitutional school tax apportioned to the schools of said District, not to exceed the limits hereinbefore mentioned, shall be levied for the educational interest of said District, under the direction of the Trustees thereof: Provided, That no tax thus levied shall be repealed by any subsequent meeting. At all such meetings only those persons shall vote who are citizens of said State, residing in said District, and who return real or personal property within said District for taxation.

Sec. 3. That it shall be the duty of the Chairman and Secretary of said meeting, within one week after said meeting has been held, to notify the Chairman of the Board of Trustees for said School District and the Auditor for said County of the amount of the tax thus levied; and the County Auditor shall at once assess such tax on all real and personal property returned in said School District, and the County Treasurer shall collect the same with the State and County taxes; and such tax shall be a lien upon all property until paid, and defaulting taxpayers shall be liable to like process and penalties as defaulters for State and County taxes.

Sec. 4. That the money collected from said tax levy and the Constitutional poll and two mill tax to which said District is entitled under the general provisions of the law shall be held by the County Treasurer and paid out on warrants drawn by the Trustees of said School District, and said Treasurer shall be liable to said School District for the non-performance of his duty in respect to said money in the same manner and to the same extent and under like penalties as for the non-performance of his duties in reference to State and County taxes.

Sec. 5. The County Board of Examiners of Chester County are hereby authorized and required to appoint a Board of three (3) Trustees for said School District, who shall hold office for two years from their appointment and until their successors shall be appointed, and all vacancies in the Board of Trustees shall be filled by appointment of the Board of Examiners.

Sec. 6. That said Trustees, or a majority of them, in addition to the duties and powers now provided by law for Trustees of School Districts, shall have the powers and duties following: 1. To erect, or provide by lease, purchase or otherwise, suitable buildings at Edgemoor, in said District, for the use of the public schools of said District, and for such purpose are authorized to borrow money and pledge as security for payment of same any school property belonging to said District, and also a portion of the special tax levy provided for in Section 2 of this Act, but not exceeding one-half thereof in any one year. (2.) To elect and dismiss the Superintendent and teachers of said School District, prescribe their duties, terms of office, and to fix their salaries, and to cause an examination of said teachers to be made when necessary; also to determine the studies and the class of books to be used in said schools and to make rules and regulations, for government of said schools. (3.) To determine and direct the manner in which the money arising from the tax hereinbefore authorized and from the Constitutional poll and two mill tax provided by law shall be expended in maintaining the public schools of said District, and to disburse the same upon their warrants drawn upon the County Treasurer as aforesaid.

Sec. 7. It shall be the duty of every taxpayer whose property may be partly within and partly without said School District, when he makes his return for State and County taxes, to specify plainly and separately in such return, under oath, the position or positions of such property, whether real or personal, subject to taxation within said District; and in case such taxpayer shall have made his return before such School District is laid off, it shall be his or her duty to make another or amended return in accordance herewith; and it shall be the duty of the County Auditor to enter the tax belonging to said School District upon the tax duplicate, in a separate column, so that the County Treasurer may conveniently keep the same separately from the other taxes.

Sec. 8. It shall be the duty of the said Board of Examiners to have the said School District laid off on or before the tenth day of January, 1891, and may employ a competent surveyor to lay off the same and erect proper landmarks to designate its boundaries, the expenses thereof to be paid out of the school funds, after proper audit, and upon their order on the County Treasurer: Provided, That should it be impracticable to lay off said School District before the tenth day of January, 1891, then the same shall be done as soon thereafter as practicable; and the Trustees of said School District shall, as soon thereafter as they may deem expedient in the year 1891, call the meeting of the taxpayers of said District for the purposes and in the manrter provided in Section 2 of this Act.

Sec. 9. All Acts and parts of Acts inconsistent with this Act are hereby repealed.

Approved December 24th, A.D. 1890.

Benjamin R. Tillman, Governor.
Eugene B. Gary, President of the Senate and Lt. Governor.
Ira B. Jones, Speaker of the House of Representatives.



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