The facts being agreed, the only assignment of error is to the judgment. The plaintiff contends that the debt is not “a debt of the municipality” within the meaning of G. S., 2937 (2), as amended by Laws 1921, Extra Session, ch. 106, which authorized municipalities “to fund or refund a debt of the municipality incurred before 5 December, 1921.” The defendants contend that the board of trustees of the *134New Bern Graded Schools is an official board of said city, and its debts are debts of the city, and, therefore, the debts proposed to he funded by means of said bond issue are debts within the meaning of subdivision (2), C. S., 2937.
The city government collects the school taxes and pays over the money to the school trustees, whose duty it is to maintain the schools, and if necessary, borrow money for that purpose in anticipation of the collection of taxes. Otherwise, at times it would be necessary to close down the schools.
0. S., 2787, provides that the city shall have the power “to appropriate the money of the city for all lawful purposes.” 0. S., 2960 (2), reads: “The authorization of bonds by a municipality shall be deemed to be an appropriation of the maximum authorized amount of the bonds for the purposes for which they are to be issued.” O. S., 2937 (1), provides: “A municipality may issue its negotiable bonds for any one or more of the following purposes: (1) For any purposes or purpose for which it may raise or appropriate money, except for current expenses,” and Public Laws 1921, ch. 133, last paragraph of section 4 reads: “Bonds hereafter issued by or on behalf of any school district may be issued in the name of such corporation or in the name of any incorporated official board or body authorized to issue said bonds, or in such other manner as may be authorized by law.”
The schools of the city owe $30,000, and the city is liable for the debt. The trustees of the school and the board of aldermen deem it better to fund with city bonds than to pay it out of current revenues. Ordinances were duly adopted to that effect, the question was submitted to the voters, the election regularly held, and a majority of the qualified voters of the city voted in favor of issuing the bonds and levying the tax to pay the same. O. S., 2787, provides that the city may appropriate money for all lawful purposes, and under O. S., 2960, these bonds were authorized as an appropriation for the purposes for which issued. A municipality may issue bonds, C. S., 2937.
When the bonds to be issued are not for necessary expenses, then the ordinance must be approved by the voters at an election as provided in the Municipal Finance Act, C. S., 2938. This has been done. Even if the board of trustees had no power to contract the debt in the administration of the schools without first having the sanction of the voters expressed in an election, they have ratified and confirmed the issuance by their vote in the election of 16 May, 1922. Hammond v. McRae, 182 N. C., 747.
On consideration of that case, we think it is unnecessary to cite further authority, and the judgment of his Honor is
Affirmed.