CHAPTER 242 AN ACT TO INCORPORATE BESSEMER CITY GRADED SCHOOL DISTRICT AND TO ALLOW IT TO VOTE ON A SPECIAL SCHOOL TAX FOR THE MAINTENANCE OF SCHOOLS THEREIN; AND TO VOTE ON THE ISSUANCE AND SALE OF BONDS FOR THE PURPOSE OF ERECTING AND EQUIPPING SCHOOL BUILDINGS IN SAID DISTRICT. The General Assembly of North Carolina do enact:
Section 16. That in addition to the powers and duties hereinbefore and hereinafter imposed upon said board of trustees, it shall be their duty and they are hereby empowered : (a) To appoint a treasurer, tax collector, and such other officers and agents as they may deem necessary and expedient, and to fix the compensation of such officers and agents; and such officers and agents or any one or more of them may be appointed from among the members of the board or from the yoters of the district; but no trustee, as such, shall receive any compensation for his services as trustee. -6 To borrow money and create other indebtedness on the credit of the district: Provided, no such indebtedness shall be created except for necessary expense of maintaining the schools and for current repairs to school buildings in said district. (c) To condemn private property for public school use in said district; and whenever private property in said district shall be required for public school use, and it is so determined by resolution duly adopted by the board of trustees, such determination shall be final, and no appeal shall lie therefrom, and the said board of trustees shall appoint an appraiser, and the owner of such private property may appoint one appraiser, and the two appraisers so appointed shall appoint a third appraiser, each of which appraisers shall be a resident and freeholderin said district. Such appraisers Shall meet within three days after their appointment, and after each being duly sworn to act impartially and according to his best judgment, they shall proceed to appraise the damage which will ensue to such private property-owner in consequence of such condemnation, and shall report their finding, verified by their oaths, to the private owner and to the board of trustees, without delay, and whenever, within six months thereafter, said board shall pay or tender payment of the amount named by said appraisers to such private owner, the property so appraised shall be deemed condemned for public school use; but the owner of property so condemned shall have the right to appeal from the findings of such board of appraisers to the Superior Court of Gaston County for trial by jury. In case the private owner shall desire to appeal, he shall cause written notice to be served upon the board of trustees by some proper officer, leaving a copy of such notice with the secretary of the board of trustees or with any member of said board, within thirty days from the date of. the finding of the appraising board, and the officer serving such notice shall return the original notice, with the manner and date of seryice indorsed thereon, to the clerk of the Superior Court of Gaston County, who shall forthwith docket the cause for trial at the next ensuing term of the said Superior Court for the trial of civil actions, when the cause shall stand for trial as any other civil action. In case the private owner shall refuse or fail to appoint an appraiser as hereinbefore provided, within ten days after being notified to do so, he shall be deemed to have waived his right to so appoint, and the board of trustees may appoint an appraiser in behalf of such private owner and the appraisement be proceeded with in like manner as if such private owner had exercised his right to appoint. (d) To maintain and operate a public graded school in said district for the white children, and one for the colored children of said district; and the said board shall use and appropriate the funds derived from the district taxes and from all other public sources (applicable to the maintenance of such schools) in such manner as shall be just and equitable te both white and colored races, giving to each equal facilities, having due regard, however, to the relative cost of maintaining a graded school for both races. (e) To, exercise the control and management of the public schools and school property in said district and to prescribe rules and regulations, by and with the consent and approval of the superintendent of public instruction for Gaston County, for the government of said schools: Provided, that all children resident in said district and of ages between six and twenty-one years who conform to the established rules thereof shall be admitted into said schools, as pupils, free of tuition charges, and those desiring admission as pupils, and who reside outside the limits of said district or who may be outside the ages above mentioned, may be admitted upon such terms as said board may determine, but they shall make ho discrimination as to terms of tuition to be charged to pupils of the same grade, and such tuition charges shall be at least as much as the per capita expense of maintaining said schools for resident pupils of school age; to prescribe rules and by-laws for the transaction of the business of said board of trustees; to make an accurate census of the school population of the district as required by the general school laws of the State, and to do all other just and lawful things for the proper conduct of the school affairs in said district. (f) To have the advice, visitation, and recommendations of the superintendent of public instruction for Gaston County, and of the State Superintendent of Public Instruction, when requested, in all matters pertaining to the duties of their office. (g) To employ and fix the compensation of the officers, principal, and teachers of the schools in said district, and to delegate such powers of control of the schools to the principal and teachers as they may deem proper. (.) To elect annually, between the second Monday in April and the first Monday in September, a principal or superintendent of schools in said district, and as many teachers for the several grades as in the judgment of said board may be expedient and for the best interests of said district; but no person shall be elected superintendent or principal or teacher who does not hold license to teach in the public schools of Gaston County. (i) To visit each department of the schools of said district at least once in each month when the schools are in session, such visits to be of at least one hours duration each; but such visits may be made by a committee of not less than two of the members of said board, if desired. (j) To make a full and complete report of the operations of said schools and such other reports as may be required under the general school laws of the State, to the State Superintendent of Public Instruction, and to the county superintendent of public instruction for Gaston County.