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Laws and resolutions of the State of North Carolina, passed by the General Assembly at its session ... [serial] (Volume 1876/77) online

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LAW,

Section 1. Tl\e General Assembly of North Carolina do
enact, That all funds now belonginjr to the irreducible irreducible run*

. o o to remain as suclh

educational funds, shall continue to be held as sucli;and

all funds arising under the operation of section four, arti- Z'^^^L^Vxfn^^nrZ

cle nine, of the constitution, except the " ordinary reve- coustftutlon; to

nue," shall be paid to the state treasurer as a part of said ti^e^urer.*^ ^^^^

fund.

Sec. 2. That all funds arising under section five, arti-
cle nine, of the constitution, shall be paid to the county ^""''ffection nve7
treasurer of the county in which the same may arise, and me^coiist'iuitfo'n,
the officer who may collect such funds shall, when he ty treasure?.''"'^""
pays the same to the county treasurer, take his receipt
and make report to the county board of education, item-
izing, according to the sources mentioned in said section ;
and the county treasurer shall, on or before the first ,

. *' County treasurer-

Monday in September, nnnuallv, report all such funds <" i-'^pon to tru-

'' _ ^ ' V ' 1 county board ol

received by him during the past year to the county board «^'iiucation.
of education, and as often as said board may require.

Sec. 3. That the state board of education shall meet
at such times as a maioritv of the members mav appoint. Mt^etinss or state

'' - . board (.if educJi-

Provided, That the governor may call a meeting at any t'^"-
time.

Sec. 4. The state board of education may. from time j-oard or p.iucn-
to time, as the same shall accumulate, invest th<' jniblic flnllis"",^ V/niuxi
school funds in United States bonds. ""'''''' ^""'*''-

Sec. 5. The state auditor shall keep a separate and dis-
tinct account of the pubhc school fundia,and of the interest ^parat' allTcouu t's
and income thereof, and also of such moneys ,as may bo
raised b}' state, county and capitation tax, or ot1|fer\vi.se, for
school pur[)osos. lie shall draw his warrants orl the state varrunts'cTn state
treasurer m favor of any county treasurer, wliL-n s^rfi coun-
ty treasurer shall present an order from llie state hoard of
education.



"324 187r3-'77— Chapter 162.

Sec. 6. The state treasm-ei- shall be the treasurer of the
Ti-e;.surer of state State board of efliication.

> oard of etluca- o ^7 rm j. x

«iou. bEC. 7. i he State treasurer shall receive and hold as a

siviii roepive Special deposit all school funds paid into the treasury, and

jfimls and pay '^ " '

TiK-niouton aud- pay them out onlv on the warrant of the state auditor, is-

it'ir s warrant. i "

sued on the order of the state board of education in favor

of a county treasurer, duly endorsed by the county troasu-
vaiid voucher. j-er in whose favor it is drawn, and it shall be the only valid

voucher in the hands of the state treasurer for the dis-

'])ursement of scIjooI funds.

Sec. 8. The county commissioners of each county shall
<'ounty r.oar3 of constitutc a board of education for the conntv. The chair-

•sducatiou.

C'lisvinnan, .secrc- ^^'^i' of the countv Commissioners shall be the chairman,
Treasmer. the legister of deeds the secretary, and the county treas-

urer the treasurer of the county board of education.

Sec. p. The county ]>oard of education shall liave super-
of\Tuidilfschoouf vision of the public schools in their respective counties,
Shall decide co'ii- shall decide all controversies relatin<r to the boundaries of

Uroversies / " - ^

V school districts, or which may arise upon the construction of
the school law, and shall see that the school law is enforced.
Sec. 10. The county treasurer of each county shall re-
Treasurer .shall ceive and disburse all public school funds. But before en-

receive aud dis- . , i • t • /,. i t n

burse school torin<2: upou the dutics of his otncc he shall execute a bond,

funds. ...

Treasurer's bond witli Sufficient secuHty, ill double the amount of money

to he double the i • i j i • • i ■ "^c

amount of fuiiy«. wliich may come into his possession during any year oi

his official term, for the fiiithful performance of his duties

as treasurer of the county board of education. The coun-

imay^quireaddi- ty comm"is«iouers shall, from time to time, if necessary,

when nicessary. require the coitnty treasurer to give bond and sufficient

security by additional bond or bonds, so as to secure the



iona\ 1
at?^^<



-Tor failure to do faithful admlnistratilir of the school funds, and in default

so, shall be guilty 7|, «► '

of a misdemeanor thereorw£ commlssiouers shall be guilty of a misdemeanor.
Se'^.'-'I^^^U orders upon the county treasurer for school
Orders on treasu- nioney'^<^Fthe payment of teachers, for the purchase of
^Tio<)*icommutel ^^tcs fc^^^hool houscs, and for half the cost of building, re-
which 'they'^may pairiu^wid funiisliiug school houses, shall be signed by
Have been used. ^^. ^ ^_^^^^^-^ committce of the district in vv'hich the s^chool is
taught, or in which the site or school house is situated,



1870-77 — Ch.u'ter 1(52. 325

which orders, duly indorsed by the person to whom the

same are payable, shall be the ouU' valid vouchers iu the ""•>■ valid vouch-

hauds of the county treasurer for disbursements of school

money.

Skc. 12. The secretary shall record all of the proceed-
ings of the county board of education, issue all notices i^y"oVcuunOM,o'aVd
and orders pertaining to the public schools, school ^'^^-^'^''^i'""-
houses, sites or districts, (which notices or orders it shall
be the duty of the sheriff to serve.) and record all school Sheriff to .serve

. ' notices.

statistics, which shall be reported to him by school com-
mittees or the county examiner, in a book to be furnish-
ed by the county commissioners for the purpose.

Sec. 13. The county board of education of each county
shall hold two rejj:ular meetings every year, on the first euucaUon'siuai*''
Mondays of March and .^e[)temb> r, for the pur[)Ose of Ineiin'gs rvfry*"^
looking after the interest of the public schools. Provided, p^-oviso. j/'

That the chairman may call a meeting of the board at
any time. At each regular meeting it shall be the duty
of the board to examine the books and vouchers of the
county treasurer, and audit his accounts, and report to ^^^y\n\l.uAent ot~
the superintendent of public instruction a full account IVon.'" '"^''"'^'^
of all school funds received and disbursed by the county
treasurer.

Sec. 14. The county board of education of each countv

in •. • ^ • c ^^ • ,r 1 % Sliiill appoint an.

siiall appoint one resident oi their county of good moral examiDer for th^
character and of suitable attainments, who shall be styled ''""" '^' //

"the county examiner." He shall hold his office one "^'"^ '^'■°"^'=*-
year, and until his successor is appointed. If a vacancy
should at any time occur, the same shall be filled by the
county board of education.

Sec. 15. The county examiner of each county shall
examine all applicants for teachers' certificates at the a,!'/"'-^ offxamj-
court house of the county, on the second Thursday of
August and October of every year, and continue the ex- ^.yj);^"'^'^**™"'*"
amination from day today during the remainder of the
week, if necessary, till all applicants are examined. He
shall grant certificates to all ajiplicants of sufficient moral
and mental qualification, and shall give certificates in Src["|mde8.



526 1876-77— Chapter 102.

three grades, as follows : If applicants are qualified to
teach classes in the higher branches of English, they
shall receive certificates of the first grade; If qualified to
teach only in the ordinary branches of English they
shall be given a certificate of the second grade , and all
applicants qualified to teach primary classes, only, shall

^. be given certificates of the third grade. If any person

shall apply for an examination and certificate at any
Applicant shall other time, applicants shall pav the examiner a fee of
a fee, when. one dollar. If the county examiner should become satis-

fied that any person to whom a teacher's certificate has
been granted is guilty of any immoral or disreputable
conduct, or is neglectful of or in any way incompetent
to the discharge of the duties of a teacher, he shall noti-
Board of educa- fy the boai'd of education, who may revoke the certifi-

tion may revoke ,
•certificates. CatC.

Sec. 1G. The county examiner shall deliver to the secre-
tary of the county board of education, on or before the first

Examiner to re- J •' '

fta°r^ ''oV counr^' ^^J ^^ September oi every year, a catalogue of all the

leachers''^^""''^ °* teachei's to whom he gave certificates during the year, also

an abstract statement of the number, grade, race and sex

Kepoit to super- of the teachers, and report the same to tlie superintendent

iutendent public ' '- ^

iustructioii of public instruction.

Sec. 17. For each school district there shall be biennially
Three commit- elected, by the county board of education of the respective
schooTdi^strict'fo counties, a school committee of three persons, whose duties
county*' board of shall be as prescribed in this act. If a vacancy should at
Education. ^^^^^ ^.^^^ occur, it shall be the duty of the conuty board of

education to appoint suitable residents of the school dis-
tricts to fill the vacancy, and the persons thus appointed
shall exercise all the powers and duties of a school com-
mtttee until their successors are elected and qualified.
Sec is. On and after the expiration of the term of
tjes^'ihe^V^^cll' office for which the present township school committees
:^ommftteer^'''^ havc been elected, that office shall be abrogated, and the
district school committees provided for in this act sliall
be held to be the legal successors of the township school



1876-'77— Chapter 162. 327

■comniitlccs as to tlie school property of their respective
-districts.

Sec 19. The school committee of each school flislrict
shall be a body corporate by the name and style of "The •'^''=^" ^^ * ^'•^'^y

- i^ >' - corporate.

School Committee of District No. , in the County of

," (as the case may be,) and in that name shall be

■capable of purchasing and holding real and personal
estate, and of selling and transferring the same for school
purposes, and of prosecuting and defending suit for or
■against the corporation. All conveyances to school com-
znittees shall be to them and their successors in office.

Sec- 20. The school committee of each school district,
■^'ithin fifteen days after their election or appointment, si?"" organize.

J i i ' when autl how.

•shall meet at some convenient point within the scliool
•district, and organize by electing one of their number
chairman, and another of their number clerk of the
school committee.

Sec 21. The county board of education shall lay off ^'^ ^—
their respective counties into convenient school districts, oauc.{fion,*"iay o'fi
consulting, as far as practicable, the convenience of the llao'convonient
neighborhood, and the wishes of persons interested, and 8«*io"i ^'^trkts.
disregarding the township boundaries where convenience
requires it. They shall designate the districts by num-
ber, as school district No. 1, school district No. 2, in the

of , p.s the case may be, and the county

board of education of adjoining counties shall have power, Boards of afyoin

" '^ r 1 T iiifr counties may

in case of great inconvenience, to arrange for the sending arran!,'^ lor s-mkI-

^ 1-1 '"*^ pupils ncross

of pupils to schools across the lines of such counties and theuufs.
provide for their payment from the fund of their school
<listrict.

Sec. 22. The county board of education shall consult
the convenience of tlie white residents in settling the nistncts for the

white and colored

boundaries of districts for white schools, and of colored may he the same

or not, as ooin-

•tresidents in settling boundaries for colored schools. The J.'^,'"^,';'^"-'" '""^
■schools of the two races shall be separate ; the districts
the same or not, according to the convenience of the
parties concerned. In cases where there are two sets of t nets ?m' the same
<listrictsin a county they shall be designated as school f^naie^j. "'"'"''"'*'



328 1876-77— Chapter 162.

districts number one, two, three, &c., for white schools, or
school districts number one, two, three, &c., for colored

scliools, (as the case may be,) in the county of .

Sec. 23. The school committee may receive any gift,,
grant, donation or devise, made for the use of any school
or schools within their jurisdiction, and in their corporate
capacity they shall be and are hereby entrusted with the
care and custody of all school houses, school house sites,,
grounds, books, apparatus, or other public school proper-
t}' belonging to their respective jurisdictions, with full
power to control the same as they may deem best for the
inteiest of the public schools, and the cause of education.
School iioiisos, When, in the opinion of the committee, anv school house,

sites &c, whfcu , , , •, ,, 1 ,. i" 1 1

unnecessary, school housc sitcs or othcr ])ul)hc propcrtv, lias become

how disposed of. . i "" i 1 1 ■

unnecessary tor public scliool purposes, tliey shall return
the land to the original owner, his heirs or assigns, if he
or they so desire, on the payment, of first cost, and re-
sale must be ad- niove or sell the building after advertisement for twenty

verti.sed. '^ -^

days at three public places in the township. The deed
for the property thus sold shall be executed by the chair-
man and clerk of the committee, and the proceeds of the

county^tl-easiiren Sale sliall be paid to the connty treasurer for the school
expenses in the school districts. The board of education

Board to adjust shall adiust all differences that may arise in the division.

ditferences. ^ -^ .

of districts, as herein provided, as to ownership of school
houses or other property belonging to school districts or
townships as now constituted.

Sec. 24. The school committee may receive suitable-
school committee sites for school houses bv donation or purchase. In the

may receive sites , , n ' , • i i •

i.y donation or latter case triev shall report the price to the chairman

imrcbase. -^ ' '■

and secretary of the county board of education. If the
latter are satisfied that the price is not excessive, they
shall approve the order of the committee on the county
treasurer for the purchase money, and upon payment of
May condemn the Order, the title to said site shall rest in the committee

land for sites, .

When and how. and their successors in ofnce. W henever the committee
are unable to obtain a suitable site for a school b}' giftor
parchase, they shall report to the county commissioners,.



1876-77 — Chapter 102. 32<Jj

and the latter shall thereupon appoint three disinterested
citizens, who shall lay off not more than one acre, and
assess the cash value thereof, and report their proceed-
ings to the county commissioners. If said report is con-
firmed by the commissioners, the chairman and secretary
of the board of education for the county shall approve
the order which the district school committee shall give
on the county treasurer in favor of the owner of the land
thus laid off, and upon payment or offer of payment of
this order, the title to said land shall rest in the school
committee and their successors in office. Provided^ That rroviso.
improved land shall not be condemned under the provis-
ions of this section. And j^rovided further, That any nl2t^y-,lny^^^ni"
person aggrieved b}' the action of said commissioners, f"n*iYo^thrsup^
ma> appeal \o the superior court of the county in which "^'" '''^"'"*-
said land is situate, upon giving bond to secure said
commissioners against such costs as thej^ may incur on
account of said appeal not being prosecuted with effect.

Sec. 25. Every school to which aid shall be given un-
der the provisions of this act, shall be a public school to Puuiic school,
which children between the ages of six and twenty-one
years only shall be admitted, subject to the restrictions
contained in section twenty-two.

Sec. 2G. If the tax levied in this act for the support of
the public schools shall be insufficient to maintain one or ''ouiity oommis-

'■ suiiiors iniiylexy,.

more schools in each school district, for the period of pj'J^','"^,',"^'' ^ '*^'*^'

four months, then the county commissioners of each

county maylevy, annually, a special tax to siip[)ly the y

deficiency for the support and maintenance of said

schools for the said period of four months. The said sheriff to collect

'^ t IX In inonoy.

taxes shall be collected by the sheriff, in money, and he
shall be subject to the same liabilities for the collection
and accounting for said tax as he is or may be by law in
regard to other county taxes. The said tax shall be lev-
ied on all property, credits and polls of the county, and
in the assessment of the amount upon each, the commis-
sioners shall observe the constitutional equation of taxa- equ'nti!"/'io'bc-
tion ; and the fund thus raised shall be ai»])ropriated in "'"^iTvtd.



330



1876-77— Chapter 102.



^



Provided the
question of levy
and collection
shall be submit-
ted to the vote ol'
the qualified vo-
ters of the county.



School committee
to employ and
dismiss teachers,
and to determine
the pay per month

Proviso.



'S«liool year.



Teachers shall
keep a daily re-
cord.



the county in wliicli it is collected, as provided in section
thirty-one of this act. Provide d, That the question of
the levy and collection of said tax shall have first been
submitted to the vote of the qualified voters of the coun-
ty, at an election to be held at the dillerent election pre-
cincts of the county, under rules and regulations to be
fixed by the commissioners, and conforming, as near as
may be, to the rules and regulations for conducting other
elections, except that no new registration need be made,
but the registration books of the next preceding general
election may be used. And all persons whose names are
not on such books, who are qualified, shall be allowed to
register as provided in elections for members of the gen-
eral assembly. The penalties for illegal and fraudulent
voting shall be the same as now provided by law in other
elections.

Sec. 27. The school committees shall have the authority
to employ and dismiss teachers of the schools within their
respective districts, and shall determine the pay per
month to be paid the same. Provided, hoiuei'er, that
teachers of the lirst grade shall not receive out of the
school fund more than two dollars per day ; of the second
grade not more than one dollar and fifty cents per day ;
and of the third grade not more than one dollar per da}',
but no teacher shall receive any compensation for a less
term than one school month, which shall be twenty days.
No committeeman shall be a teacher. ISTor shall any
committeeman in any way be interested, by contract or
otherwise, in the erection or repairing of any school
house in his district.

Sec. 28. The school year begins on the first Monday Jn
September.

Sec. 29. Every teacher or principal of a school to which
aid shall be given under the jirovisions of this act, shall
keep a daily record of all absences of pupils and of the
grade in scholarship and department of each. The grade
in scholarship shall be indicated by the numbers 1. 2, 3,



1876-77— CiiArTKR 102. 331

4, and 5; 1 representing the liigbest or first graJe, ani^ 5
the lowest and the three intermediate numbers the thrtje
intermediate grades. The grades in deportment sliall be
represented by the same numbers and in the same order.
At tlie end of every term every teacher of a pubHc school
shall deliver to the county treasurer a statement of the
length of the term of the school, of the race, number, sex
and average attendance of pupils, and the name of the
district in which the school was taught.

Sec. oO. At the end of every term of a public school, ,^^^^^^^ ^^^^^ ^^
the teacher or principal of the school shall exhibit to the 1^11^^!^^ ^l\l^^'Z
school committee of the district a statement of the num- ^[X'ment; "^
ber of pupils, their average attendance, the length of the
term ajid the time taught. He shall also exhibit a teach-
er's certificate, dated within one year of the time. If the
committee are satisfied that the provisions of this act are ^{V^^'^i^^^^rde^'^H
complied with, they shall give an order on the county fn"a^?;,.'o7the^'"
treasurer, payable to the teacher for the sum due his t^'^'-''^^'''-
school for the time taugiit. But they shall in no case
give such an order unless the teacher i)roduce a certiiicate
of mental and moral qualifications from the county ex-
aminer, dated within one year of the time.

Sec. 31. The county board of education of every county . , ., ,

•^ J ^ pnun'y board of

shall, on the first Monday of September of each year, or *;;Jj^;^;:f/;;;; '^t'l'.'J*
as soon thereafter as practicable, apportion among the '""'*. ^^''^■"•
several districts in the county, according to the number
of children in each, between the ages of six and twenty-
one years, (which number shall be ascertained by a cen- \ /
sus to be taken by tlie school committees and reported to y
the county board of education) all school funds, specify-
ing how much thereof is api)ortioned to the children of
each race, and give notice thereof to the school commit-
tees of the several districts of the county, and shall j»ub shaURivc notice
lish the same by an advertisement posted on the court- "^;:^:|.';;^VsV-i.'oni di'^
liouse door of each county, and furnish the county [J,'/';,*:;;;!.'';',;:'!;;;!,
treasurer with the amounts thus apportioned among the ;',\'^^' court 'house
several school districts and the amount that each district 'i"*""-



332



187G-'77— Chapter 1G2.



/



Providrd the
fund for either
race cannot hf ex-
pended, lor the
other.



Apportion men f,
ou what based.



Sheriff 1o pay in
money to county
treasurer on or
before the first
day of December
of each year.

On failure to do
shall be guilty of
a misdemeanor.



County treasurer
shall report to the
suV'erintendi-nt of
public instruc-
tion.



is entitled to. Tlie sums thus apportioned to the several
districts shall be subject to the orders of the school com-
mittees thereof for payment of the school expenses men-
tioned in this act. Provided^ however^ that in no case
shall the school fund thus apportioned to either race be
expended for the education of the other race. And j^ro-
vided farther^ that so much of said school fund as shall
not be expended in any school district for the education
of the race for which it was apportioned in any year,
shall be added to the final apportionment to said race in
said school districts for the succeeding year.

Skc. 32. The apportionment required by section thirty-
one of this act shall be based upon the amount levied
and due upon the tax book for the current year, together
with the sum due from the State board of education, or
paid, as the case may be, and also the balance on hand
from the former year, and the amount in the hands of
the county treasurer under the operation of section 5,
article 9 of the constitution. The sheriff of each county
shall pa}', in mojicy^ to the treasurer thereof, on or before
the first day of December of each year, the whole
amount levied for the current year, both state and coun-
ty, for school puri)OSPs; and on failure so to do shall
be guilty of a misdemeanor, and on conviction, shall be
fined not less than two hundred dollars, and sliall also
be liable to an action on his official bond for his default
in such sum as will fully cover such default, said action
to be brought to the next ensuing term of the superior
court, and upon the relation of the county board of
education for and in behalf of the state.

Sec. 33. The county treasurer of each county shall re-
port to the Superintendent of Public Instruction on the
first day of September of each year, the entire amount of
school money received b}' him during the preceding
school year, the several sources from which it was derived
and the disbursements thereof made by him, designating
the sums paid for the white and colored children respect-
ively for school house sites in the several districts. At



1876-77 — Chapter 162. 333

the same time he shall report to the Superintendent of
Public Instruction the number of public schools taught



Online LibraryNorth CarolinaLaws and resolutions of the State of North Carolina, passed by the General Assembly at its session ... [serial] (Volume 1876/77) → online text (page 28 of 62)