South Carolina.

Portion of the code of statute law of South Carolina. Submitted to the General assembly, as required by A. A., 1859, XII, 762, Section 4 (Volume pt.2-3, bks.2-5) online

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Online LibrarySouth CarolinaPortion of the code of statute law of South Carolina. Submitted to the General assembly, as required by A. A., 1859, XII, 762, Section 4 (Volume pt.2-3, bks.2-5) → online text (page 7 of 54)
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can be engaged in consideration of that sum.


III. — Regulations peculiar to St. PiiiLir's and St. Mi-

The Coniniissioners of Free Scliools for St. riiilip's a. a., tsse. xii. 577.

^ J2. 3;1857. XII, 604. p.

and St. Micliaors sliall have power to lew and collect to levy a.ssoKHnients in

^ ^ ' ^ aiJ of appropriation.

upon and from the tax-payers in the said parishes, annu-
ally, a sum not exceedinij thirty per centum uyxm the
general tax of such tax-payers, and shall apjily the jiroceeds
of such assessments in aid of the amount annually appro-
priated for Free Schools in the said }»arishc's. And the said
assessment shall he collected as other local taxes now are.
See Tax Collector. A. A., 1848, XI, old.

The powers of the said Board shall extend to tlie appli- a:a. is5o.xii..i77.p.

^ ^ , _ _ '^ '^ Powers in ajtplicatmn

cation of the nloncy which they are authorized to raise, t0"f f"""**'-
such Free or Common Scliools within the said parishes as
they may see fit to estahlish, and to the erection of build-
ings, purchase of lots, furniture, books, school apparatus
and conveniences, admission and discharge of pujtils, em-
ployment of teachers, and to the proper ordering and man-
agement of all scliools under their charge, according to
their l»est judgment.

The Commissioners of Free Schools for St. Philip's and ^ a. a.. ik:,7. xii. wa.
St. Michael's arc authorized to establish and conduct a Norma i .«chooi.
Normal Scliool for the training of female teachers for the
State at large, in connection with a Female High Scliool
for the said parishes, and for that purpose to erect and fur-
nish a suitable building. They shall have power to conduct
the said school, and to make such regulations as they may
deem best for its government.

They shall receive into the said school, free of any charcre n... |3.

.' . . ./ P ^^-h„t pnpili admittc<l.

for tuition, female [lupils from every jiart of the State, not
exceeding fifteen to each Congressional district, for tlie
purpose of being trained as teachers: Proriilnl^ that such
applicants shall liavc tlie qualifications and stand the exam-
inations required of other apjilicants of equal gradp.


I\'. — Mill \i. Duties of the Commissioners and thk Trka-


T±lr^u'\^T ^^^''' Tivasmvrs. ivsiu-ctivdy, shall have lull powor and
™rfi^mTXtn.n".''a'itli()nty to \Kiy oft' and disrliarore any order that may here-
ju.. j9. after he <h*awn upon them hy any set of Commissioners of

Free Selio(»ls within hi>* division, without any warrant from
the Comptroller (General for that iturpose: Pmrldii/, \ho
Commissioners drawinir su*h order s|»e(ity, in their said
order, the name and numher of the school, and the name
of the teacher; and in no ease shall the said Commissioners
draw tor more than is aetually due, or less than one (pnir-
ters salary, excejit upon final settlement.

Not to pay unieBs re- r^]^Q Treasurci'S sliall, in no case. i»av oft' or discharofe

Itirn ba8 bcvu iiiaJc. 1 • f^

any order which shall or may he tlrawii upon eitlier of
them, by any set of Commissioners of Free Schools within
this State, unless the said Commissioners shall have made
a satisfactory return to the Le<;islature, as re<iuired hy law.

A. A.. 1N2S, VI.378. J.-!. X(» ai»i>ropriation. or unexpended liahnice ol" an appro-

A|ipri>priati<iiiH imi t<< i i i ^ i

b«.ira«Manirtwuvc;irH. j)|-i;iti()ii, nuidc for Frcc Schools, shall be di'awn from the
Treasury after two years from tlie day on whii-h such
approj)riation was made.

A. A.. isi].v.ft4<j ji:;. Kverv order drawn loi' nionev lor aiiv Vvvc Schools shall

Kurm uf IHafls.

be si<j:ned by the Chairnnm and Secretary ol' the Board of

Commissioners for the disti'ict in wliicli the scliool is sit-

mited ; shall express by name the si-liool on account which

Not to I.C iiri.ior ocvcii- the onlcr is di-awn ; and shall not be for a smaller sum than

ly-llvi- (li.lliirH.

Except iouh. seventy-hve dollars, unless on the ticatli. rcsiii'iiatimi or

removal of an instructor, when the sum so drawn lor shall
l>e the whole amount which mav be due.

V. — Rktl'uns to V.K Maki:.
A. A., isii, VI. 040. Everv Hoard of Conimissioncrs of Vwv Schools thi'ouixh-

J 12. '' . . '

iletiiriiB to be iiiiuie to out the Statc, sluill. at tl ici r ( pKi I't ctI \' iiicctinu". oil the loui'th
Mon(hiy ot October m each year, make a regular return to
the Legislature, or to such person as the Legislature may


appoint, of the number of months in the 3'ear preceding their

said meeting during wliich each scliool in their resi)cctive

districts has been open for the reception of schohirs; of the

number of schohirs that, during each quarter, attended the •

respective schools; of the sums drawn on account of each

school, with the date of the drafts ; and may transmit any

observations on the state or regulations of the schools,

which appear to them necessary or important.

The Board of Commissioners of Free Schools for St. , ?V ''''*"i'"« »•"' •"'•
PhililVs and St.. Michael's shall account, annually, for all ft,f,;;if;v\VmI;ii;^^
moneys, before the Court of Common Pleas, in the same ^rm.,,';^^^ Tt!^HvJ''a^^
manner as is required by law of the Commissioners of l^ll)-'■^i'l!"t'^nt*^ofs^hooK*^^^^^^^
lie Buildings. They shall also make an annual return to {^"^ji^rNonn^^^^^^^^^^^
the General Assembly of the schools, pupils and teachers AA-i»5<xn.604 24.
under their charge, and of the expenses incurred for edu-
cation. They shall also report, annually, to the General
Assembly, the condition and expenses of the Normal

VI. — Pexalties for Official Misconduct.
Any person hereafter aiipointed by the Lei>:islature or a.a.,i835. vi. 529. ?i.

■ . . . -j^ ^, 't 1*^^ r, J'inc for rofiising to

the Board a Commissioner ot rree Sciioois, Avho reiuses to serve,
serve, shall be fined the sum of twenty dollars, to be
recovered for the use of the free schools of the district or
parish, before any Justice of the l*eace : Provided, however,
that no person shall be compelled to serve more than three
years in six.

Any Commissioner of Free Schools who, being notified n...?2.

•' _ *- For nogleitiiijt to at-

thereof, shall neglect, without a sufficient excuse, to bet'-n'i
allowed by the Board to attend a regular or special meet-
ing of the Board shall be fined the sum of five dollars,
which shall be recovered and applied in the manner
expressed in the first section.

The Commissioner of each school division, for neglect or i»... ?:.

. 1 1 • 1 1 penalty for nl>ui«c of

abuse of the powers and duties entrusted to him b}' law, p"''".
shall be liable to* indictment, and, on conviction, shall be


fined an amount not losr? than twenty dollars nor nioro than
fifty dollaiii ; and for neglect of the powei-s and duties
intrustiMl liy law to the lioard of Commissioners, they shall
, he liahle to indii-tnient; and on convietii)n of one or more

of said Commissioners, he or they shall be severally fined a
sum not less than twenty nor nioio than fifty dollars.

Kiife'<.lfo.nimS!il.n.^ ^* "".V l^<^ii''<l <>f Commissioners of Free Schools shall
'inp'^^In^l•n•\'u^"lif''^*'uegIect, uulcss upou good aiid sufficient excuse, to make a
return to the Legislature as now recjuired 1)V law, then, and
in that ease, each and evi-rv mend)er of the Hoard so
defaulting slnill, uji(»n conx iitioii \>y indictment, }>ay a line
of fifty <lollars ; and maybe removed from office hy j«)int
resolution of the Legislature ; and the rei><u-t of the joint
committee of both liouses on education, shall be deemed
and taken as conclusive evidence of their failure to make
returns, unless the contiary shall be sliown by the said

n... ?2R. It tshall be the duty of the Comptroller-General to direct

inn for niom-y rwi-ivod. the bolicitor of tlic circuit lu wliicli sucli Commissioners
reside, to bring suit in uny Court having competent juris-
diction, for the recovery of all sums drawn by any lioard of
Commissioners of P^-ee Schools, on account of the Free
School tuiid, which they shall not have aeeounted foi' by a
regular return ; and the said Coininissioners, and each and
every of them, are hereby declared liable for the rej.ay-
meut of the same.

Trustees of the South Cai<«»i,ina Culli;(;k,

v'*-,n,"'*!w-.^-^i-','-^S!;'' The (lovernor, Lieutenant-CJovernor, President of the

\j 41*4; I hi;*, \ 1, Isoo ;

''LnK'o..Htuu,^^^ Speaker of the House of Representatives, .Judges

of the Court of Appeals, Chancellors, Associate Justices of
the Court of Common Pleas, Chairman of the Committee
on the College, Fducation and Religion in the Senate, and
the Chairman of the Committee on Fducation of the
House of Representatives, shall be ex-officio Trustees of
the College, and with twenty other persons shall constitute
the Trustees of the South Carolina ColleiAi


Tlie twenty unofficial Trustees shall be elected by joint Tmii of'officc oninot-
ballot of the Senate and House of Representatives, and "" """' "*'
continue in office four years and until tlic election of their
successors — the scries commencing with the year 1825.

The stated meeting shall be held on Wednesday after the a. a., isn. v.osi. h
fourth Monda}' in November in every year.

StJitcil meetings.

The Trustees of the 8outh Carolina College shall be a, a. a., isoi. v. 403.
body corporate and i)olitic; have a common seal, periictual , *::^''''T'r'' I""*'" ""''

»• i 1 'II ilutiex of Trustees.

succession of members, and all other corporate faculties in
regard to the trusts for which they are incorporated. They
may hold any amount of property granted or bequeathed
to them in promotion of the objects of their creation,
including benefactions for the establishing of scholarships
in the College.

Their powers shall extend to the framing and establish- n,.. ?2.
ing ot all ordinances and by-laws not repugnant to the
law of the land, for the good government of the College,
including the election of professors and all officers of the
College, the appointment of their salaries, the removal of
any of them for cause, and the regulation of the course of
studies and instruction in the institution; and they may till
up all vacancies occurring in the Board of Trustees, except
the seats of members ex-officio.

The President of the College and four Trustees may call i''?2.

^ ■ 1 . , A. A.. IHW.VI. 26fi. ?V!.

occasional meetings whenever it may api)car to them neces- occju<i<m.»i meetings.
sary, and at occasional meetings nine mcudters shall consti-
tute a quorum, and may do any business except the election
of professors and other officers, or the expulsion of a stu-
dent, which can only be done at the stated meeting, when
a majority of the Board of Trustees are present.

But the vacancy occasioned by the death, resignation or a. a., isn. v. 6.51 ja
removal of a professor or any other officer of the College, imntT.'^'^"' »i>p"int-
may be supplied by a temporary apjtointmcnt until the
stilted meeting of the Board.

If there be no quorum at the stated or otiier meeting, a.a..i¥«. v.4'-4.

- When no iitiortim if

the members attending may appoint a chairman, and meeti"^*""'-


and adjourn tVoni time to time till a quorum appears, or
the nienibers present determine to dej>art.

i^i«iatmVtii1^B.Mir<i I" '^'^^^ *^^ tlie ahs^ence of the Uovcrnor and Lieutenant-
'^''"' Governor from any meeting, a quorum, if present, may

elect a President of tlie Board of Trustees pro /t'w., and the
meeting so constituted shall be fully authori/.ed to do what-
ever the meeting is otherwise authorized to do.

A. A-isoi. V. 404. 2 3. Tlic licad of tlic College .shall he .stylcil the I'resident,

I'ronident and I'rofon- iii,iiit-«'/» i

*•'» and tlic masters shall he styled the rrotcssors, but proies-

sors shiiil not hold the office of Trustee.

•'■■«*r - f i'"»^"H.v The President and Professors shall be styled the Faculty

of the College. The faculty, or a majority of them, shall
have the power of enforcing the ordinances and by-laws
adopted by the Trustees for the government of tlie stu-
dents, by rewards or censure, and tiiially by susjtending
such of ihem as, after re[)eated admonitions rontinue dis-
obedient or i-efractorv, until a determination of a (piorum
of Trustees can be had. But it shall be in the powiT of a
quorum of Trustees only, at a stated meeting, to ex[tel a

A.A..i8n, V. 6.51,2 3. If a student be susi)ended and reiiorted to the Trustt'es

KiKulty to rojKirt cauHp * '

..f .uKi„-nMon. f^,. expulsioii, tlic faculty shall .send up to the Board a full

statement of the cause of such suspension, so as to enable
them to review the sentence and restore the student to his
standing, if it shall a])pear to them proper so to do.

A.A..i8J2,v,437;ih(i3. Tim gnuai'e bounded by Sumter, Divine, Marion and

V,4i)4. 1 .

c-Mtain Hquarc-» rc.UMiQj.g^,n sti'cets, also tlic .sciuarc bounded by Marion, Plo.s-
som, Bull and Divine streets, and the half square adjoining
Wade's })urehase, bounded by Richardson, Divine, Sumter
and (Jreen streets, also two squares of ground bounded by
Medium and Pendleton, Sumter and Bull streets, are ceded
for the use of the C'oUege to the Tru.stees, who are author-
ized to close Green, Marion and Dixine streets within the
bounds of tlie lands so ceded.

A.A., 1811. VII, 132. The President and Professors of the South Carolina Col-

Orphan llouBc pcliolar. , -i. • ii^ ii-^a

lege arc required to receive and educate and admit to


gnuluation the boys selected for odueation there by the
Coimiiist^ioiiers of the Orphan iloiise in Cliarlestoii, sub-
ject, nevertheless, to all the rules and discipline of the

The selection may be made annually, and in case of a An,.uai s.icetion.
vacancy by the death, expulsion or removal of the bene-
ficiary, his place may be supplied immediately.

The sum of four hundred dollars per annum is api)ropri- t'^^lZZu''"" ■^''^
atcd animally for the maintenance and education of each

The Treasurer of the College is required to nuike to the T^.tur^rVreport an-
Comi^troller a return of all moneys received and disbursed """"y-
by him, in duplicate, annually.

The Board of Trustees arc invested with full power and,^,^; ^- i'"-^^- "*'"■ •'"^•
authority in all investigations where they may deem the,J''XnlnTVf"' wit-
evidence material to compel witnesses to ap}>ear and tcs- "''*'''''■
tify, and papers to be produced and read before the Board; ■
and for that purpose the President of the Board of Trus-
tees shall issue his summons, and enforce the same, if
necessary, by warrant under his hand and the seal of the
corporation. »

Military Schools.

Military Schools shall be organized at the Arsenal, ^,^i^gi;J51%-M^*'
Columbia, and the Citadel in Charleston, and eight th..u-,4^S!''" """' '"'■
sand dollars annually appropriated to maintain said schools,
under a Board of Visitors.

The Boanl of Visitors shall consist of the Governor, thejj/iKw."

... ,-r ,^, 1 !/• Oriranijuitloii of B<.airi.

Adjutant and In.spector-Gencral, and tour persons ap-
poinlcd by the Governor. Any four members shall consti-
tute a fjuorum, and they shall meet at such times as the
Governor shall designate at the arsenal in Cobunbia and
at the citadel in Charleston, and establisli regulations for
the orc^anization and good government of sai<l sch(»ols and
the protection of the public property thereat, not iuconsist-


«.Mit witli tlic laws of the land; sliall iusi)ec't tlio i>ul)lie
anus and other projiorty at the said arsenal in Cohnnbia
and at the eitadel and niajifazine at and near Charleston,
and make a niinnte and lull re|)ort of their eondition, as
well as of the eondition and nianai;enient of the said
Bchools to the Governor, to be laid by him before the Gene-
ral Assembly in eaeh and every year. They shall have
l»ower to appoint one or more professors, qualitied to give
instrnetion in military science and in other branches of
knowledire, which the said Board may deem essential.
They shall fix the salaries of said professors, and have
authority to remove them for good cause, but no removal
shall take place unless two-thirds of the whole number of
the Board concur.

A.A.. 1842, xt.22o.|3. '[^]^^^ studcuts shall bc formed into a militarv corps, and

students a uiilitary .. i ^

"I'"- shall constitute the public guard of the arsenal at Colum-

bia and of the citadel and magazine in and near Charles-
ton. The schools sliall retain the distinctive titles of the
Arsenal Academy and the Citadel Academy, but they shall
together constitute and be entitled the South Cart>lina
Military Academy.

A.A..isoi,xii.87i.22. Tl,^. officers and students of the said South Carolina Mil-
itary Afademy, organized in their capacity of a public
guard, shall constitute a military corps, entitlc<l the Battal-
ion of State cadets, and shall be a j)art of the military
organization of the State, under the separate and immedi-
ate control of the Board of Visitors, and shall not be sub-
ject to the command of the militia officers, cxccjit when
especially ordered for jiarade, review or service by the
Commander-in-Chief The officers of the said Battalion
shall be commissioned by the Governor witli such rank and
titles (the highest not exceeding that of major) as the
iJoard of Visitors may determine, and may be removed by
the Hoard, and their (H)niniissions thereby vacated in like
manner as the i)rofessoi-s of the academy. The Battalion of
State cadets will habitually manceuvre as infantry, but as
belonging to a school of instruction, it may man<i uvre in
any arm of the service, and shall take the right of all
troops of the same arm with which it may at an}' time


All graduates^ of the South C^arolina Alilitary Academy, ik^?3..^^ ^^ ^^^^^^^^.^
in consideration of their four years service at the saidBion«inthomiiitia.
academy, shall he eligible to any commissioned office not
above the grade of colonel in the military organization of
the State.


How appointed.

Term of service.

Power to organize and elect officers.

To appoint a Secretary : his duties.

To appoint a Treasurer: his duties.

Bond and compensation of Treasurer.

Powers and duties of Commissioners.

To keep in repair pul)lic offices; to furnish official

To furnish clothing for prisoners.
To pay for weights and measures.
Contracts for public buildings.
To take charge of fire-proof building.
To levy assessments.
To receive all fines and forfeitures.
Appropriations, how drawn.
To report to the Court of Common Pleas.
Penalty for not making reports.
Treasurer to publish report: penalty for default.
Penalty on Commissioner for refusal to serve.
Penalty for nonattendance at meetings.
Penalties: how recovered.

n^— Commissioners of Public BuiLi>iN«is.

Seven Commissioners shall be appointed by a joint reso- f,;,^;-^^^j^:JJ,-,"^'"^'
lution of both branches of the (icneral for each
Circuit Court district in this State, who shall constitute a
Board of Public Buildings. The several Boards .shall have
power to fill vacancies in tlieir nund>crs. occasioned by
death, resignation, removal fmm the district, or refusal to


lb.. ; 2.

Term of serrice.

lb.. {3.

Power to organirf.

The several Boards shall serve for four years, and until
the ajijiointniont (^f a new Boanl. *

The said Commissioners shall meet and form a Board
within their respective Circuit C<nirt districts, at such time
and ]tlace as a majority of them shall ajtpoint; and shall
have power t(t ajipoint a c-hairman and all necessary offi-

To elect gtvrcurv. Thc Comiuissioners of I'uhlic Buildings in each district

sliall aii]toint a Secrctai'v. whose duty it shall he to attend
all meetings of thc Board and keep an accurate record oi'
all their })roeeeding8.

A.A..1S44. Kacli Board shall aiijioint a Ti-easuri-r. wlio shall hold his

"■"'•""'"' ^'^"'""■'- office during the j-leasure of the Jioanl. and sliall receive,

keep and disburse under the direction of the Board, all

moneys under its control, and account iu such numner and

at such times as the Board shall direct.



Bond of Trcswurer.

The Board of C«.»muiissioners of I'ublic Buildings in the
several districts shall require the Treasurer, hefore entering
on the duties of his office, to give hond, with sufficient
sureties, to the Commissioners of Public Buildings of the
district and their successors, for the faithful discharge of
the duties of his office. The amount of the security shall
he fixed hy the Board, and the l)ond filed in tlie office of
the Clerk of the district.

comUn»ati"n of ^lic Trcasurcr shall safely kee}> all bonds and evidences

Treasurer. ^^ j^l^^ belonging fo thc f^oanl, and for liis services shall

he allowed a c-ouimissioii on all sums receixed and jiaid
away; but no commission or other lee shall he allowed on
the ti'ansfer of funds from the Treasurer to liis successor;
nor shall the commission allowed to the Ti'easui'er exceed
the rate of two j»er cent, on moneys received and two per
cent, on moneys puid away.

A. A. 1827. vi,:!2i.?i. It shall he the dutv of the Commissioners of Public

Their powoFH and <iurv. , ' • i i

A. A., 1869, .MI. 8ii. Buildiuffs to rev>air and superintend the court-liouses and
2 26. *=* ...

jails of their respective districts, and su[iei\ise and direct

jail discipline.


They i*liall, in their respective districts, supenntend si"d ^jj^^g^y^jg'^g'.' ^^g^jj^^^^j'
keep iu repair the interior of the several oflices of the ^''^•„^,.^;„ir offices of cer-
Clerk of the Court of Oonnnon. Pleas and (General ges- *'*"""^'"'=* •""*^""
sioiis, tlie Sheriffs, the Ordinaries, the Masters and Com-
missioners in Equity, the Registers in Equity, and the
Registers of Mesne Conveyance; and cause to be erected
and kept in repair suitable cases for the reception and
preservation of the records, books and other pai)ers apper-
taining to the said offices, respectively; they shall also
cause to be erected and ke[)t in repair out-buildings and
fences on the jail and court-house lots in such sort as they
may deem necessary for the use and convenience of the
Sherifts or jailers residing in the said jails, respective!}^, or
for the protection of the said jail and court-houses; and
the\' shall cause such records and official books to be kept
and used in the several offices as may be directed by the
Court of Common Pleas and General Sessions. And it
shall be their duty, from time to time, to give the Court
information of any matter which it may be necessary for •
the Judge to have for the ])urpose of making such orders
with respect to the public offices of the district as the pub-
lic service may require.

The Commissioners of Public Buildinirs shall have full ■',-y'^^fV;J^-.

•^ To furnish clothing for

power to furnish for the prisoners conlined in the jails in p""'""-"-
their respective districts such necessary' clothing as to them
may seem lit and proper; the expense thereof to be
defrayed out of the moneys in their hands arising from
fines and assessments provided by law.

They shall pay for standard weights and measures out ^f ig^i '^xi|''^% ^^" '"'' •
the fines and forfeitures incurred in their respective dis- woightn Rn<i Mewure-..

They shall advertise for scaled projtosals whenever any ^'.n^tri^^'f ' ^ij" ^'!t,,,iic
building is to be erected, in some one of the' papers of the ^'"''""*^-
State, at least six weeks previous to the letting of such
building, and take the lowest proposal for the said build-
ing, for wdiich good and sufficient security can be given,
according to tlie contract.


itV 8.»' '* *' "^^ ^'"' contracts entoivd into l»y C'c)ininissi()iioi*s of I^ul)lic
Buildiii«rs, S(i Pubiw C#< /v. Port III. (%ijk ], (OhI Coui-
mis/tmurs of the Treasury.

A A..i«« The iiublic buiKHiiirs in C'liarleston, at the north-wot^t
corner of the city s<|uare, shall be under the charge of the
Commissioners of I'uhlic Ituildinirs, in like manner as the

A.A.. i8>> jo.conrt-honsef» and jails; and the Commissioners are auth«)r-
ized to rent out such of the rooms in the tire-i>roof build-
ings as may not be required for jiublic uses: jiroxidcd it lie

Online LibrarySouth CarolinaPortion of the code of statute law of South Carolina. Submitted to the General assembly, as required by A. A., 1859, XII, 762, Section 4 (Volume pt.2-3, bks.2-5) → online text (page 7 of 54)