LB ' i^'i'^Vvyi'- iA'A/'/v''' " ■ Glass L.^ lJ'>^5 2Ji Book '1^- THE ILLINOIS SCHOOL LAW 18S© - IQOl AN ACT TO ESTABLISH AND MAINTAIN A System of Free Schools A"^ 0^ r APPROVED MAY Including Additional Acts JRelative to Schools and School Officers, with an Appendix Containing Acts Establishing State Normal Schools, and Pro- viding for County Normal Schools, and some Interpretations of Illinois School Laiv in Accordance ivith the Decis- ions of the Courts and Opinions of the Department of Public Instruction. SPRINGFIELD, ILL. Phillips Bros.. State Printers, 1901. tfer \ . TABLE OF CONTENTS. Page, EXTRACTS FROM THE CONSTITUTION 1 ACT OP 1889. Article I, State Superintendent of Public Instruction 2 Article II. County Superintendents 6 Article III, Township Trustees of Schools 13 Article IV, Township Treasurer 31 Aiticle V, Board of Directors 39 Article VI. Board of Education 47 Article VII. Teachers 55 Article VIII, Revenue— Taxation 61 Article IX, Bonds 65 Article X, County Clerk 67 Article XI, County Board 69 Article XII, School Fund 71 Article XIII, School Lands 74 Article XIV, Fines and Forfeitures 80 Article XV. Liability of School Officers 82 Article XVI, Miscellaneous 86 ADDITIONAL ACTS PERTAINING TO THE PUBLIC SCHOOLS AND TO SCHOOL OFFICERS. Members of the Board of Education Appointed 90 Study of Physiology and Hygiene 91 Compensation of Judges and Clerks of Election in certain cases 92 Election of Boards of Education in certain cases 93 No child under 13 years of age to be hired without certificate from the School Board 94 Women may vote at School Elections 95 Directors allowed to assume indebtedness created for their districts 96 Compulsory Attendance 96 Inspectors elected under certain special acts 98 Increasing the number of School Inspectors 99 Election of Boards of Education in certain cases 99 Kindergarten Schools 100 Pension and Retirement Fund in certain cities 101 U.S. Flags 104 Classes for Deaf Children 105 Establishment of Manual Training Department of High Schools 106 Parental Schools 107 Government of Schools in annexed territory 110 Election of presiding officers, of boards of trustees, etc., o£ educational institutions 110 Authority to confer degrees Ill Numbering School Districts 112 The State Teachers' Association 113 Issuance of Bonds 113 APPENDIX. Act Establishing Illinois State Normal University, Normal 115 Act Establishing Southern Normal University, Carbondale 118 Act Establishing Eastern Normal School, Charleston 121 Act Establishing Northern Normal School, DeKalb 125 Act Establishing Western Normal School, Macomb 128 Act for the Establishment of County Normal Schools 131 State Scholarships in Illinois University 133 Some Interpretations of the Illinois School Law 135 Calendar of School Elections and Duties of School Officers 153 Index, 154 EXTRACTS FROM THE CONSTITUTION OF ILLINOIS. Article V. Section 1. The executive department shall consist of a Governor, Lieutenant Governor, Secretary of State, Auditor of Public Accounts, Treasurer, Superintendent of Public Instruction and Attorney Gen- eral, who shall each, with the exception of the Treasurer, hold his office for the term of four years, from the second Monday in Janu- ary next after his election and until his successor is elected and qualified. They shall, except the Lieutenant Governor, reside at the seat of government during their term of office, and keep the public records, books and papers there, and shall peform such duties as may be prescribed by law. Article VIII. EDUCATION. Section 1. The General Assembly shall provide a thorough and efficient system of free schools, whereby all children of this State may receive a good common school education. § 2. All lands, moneys, or other property, donated, granted or re- ceived for school, college, seminary or university purposes, and the proceeds, thereof, shall be faithfully applied to the objects for which such gifts or grants were made. § 3. Neither the General Assembly nor any county, city, town, township, school district, or other public corporation, shall ever make any appropriation or pay from any public fund whatever, anything in aid of any church or sectarian purpose, or to help support or sus- tain any school, academy, seminary, college, university, or other literary or scientific institution, controlled by any church or secta- rian denomination whatever; nor shall any grant or donation of land, money or other personal property ever be made by the State or any such public corporation, to any church, or for any sectarian purpose. § 4. No teacher, State, county, township, or district school officer shall be interested in the sale, proceeds or profits of any book, appa- ratus or furniture used, or to be used, in any school in this State, with which such officer or teacher may be connected, under such penalties as may be provided by the General Assembly, § 5. There may be a county superintendent of schools in each county, whose qualifications, powers, duties, compensation and time and manner of election, and term of office, shall be prescribed by law. Article IX. Section 12. No county, city, township, school district, or other municipal corporation, shall be allowed to become indebted in any manner or for any purpose, to an amount, including existing indebt- edness, in the aggregate exceeding five per centum on the value of the taxable property therein, to be ascertained by the last assessment for State and county taxes, previous to the incurring of such in- debtedness. Any county, city, school district, or other municipal corporation, incurring any indebtedness as aforesaid, shall before, or at the time of doing so, provide for the collection of a direct annual tax sufficient to pay the interest on such debt, as it falls due, and also to pay and discharge the principal thereof within twenty years from the time of contracting the same. This section shall not be construed to prevent any county, city, township, school district, or other municipal corporation, from issuing their bonds in compliance with any vote of the people which may have been had prior to the adoption of this Constitution in pursuance of any law providing therefor. AN ACT TO ESTABLISH AND MAINTAIN A SYSTEM OF FREE SCHOOLS. Aeticle I. STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. 1. Time of election and term of ofl&ce. 2. Oath and bond. g 3. Salary and office expenses. § 4. Duties defined. ? 5. Powers defined. i 6. Liabilities. Section 1. Be it enacted hy the People of the State of Illinois, represented in the General Assembly : That, at the election to be held on Tuesday after the first Monday of November, in the year of our Lord one thousand eight hundred and ninety, and quadrennially thereafter, there shall be elected by the legal voters of this State, a State Superintendent of Public Instruction, who shall hold his office for four years from the second Monday in January next after his election, and until his successor is duly elected and qualified. § 2. Before entering upon his duties, he shall take and subscribe the oath of office prescribed by the Constitution, and shall also execute a bond, in the penalty of twenty-five thousand dollars ($25,000) , payable to the People of the State of Illinois, with secur- ities to be approved by the Governor, conditioned for the prompt dis- charge of his duties as Superintendent of Public Instruction, and 8 for the faithful application and disposition, according to law, of all school moneys that may come into his hands by virtue of his oflBce. Said bond and oath, shall be deposited with the Secretary of State, and an action may be maintained thereon by the State at any time for a breach of the conditions thereof. § 3. And the said State Superintendent shall receive, annually, such sum as may be provided by law, as a salary for the services required under the provisions of this act, or any other law that may be passed, and also all necessary contingent expenses for books, postage and stationery pertaining to his office, to be audited and paid by the State as the salaries and contingent expenses of other •officers are paid. § 4. It shall be the duty of the said State Superintendent of Public Instruction — First — To keep an office at the seat of government of the State. Second — To file all papers, reports and public documents trans- mitted to him by the school officers of the several counties, each year separately. Third — To keep and preserve all other public documents, books and papers relative to schools, coming into his hands as State Super- intendent, and to hold the same in readiness to be exhibited to the Oovernor, or to any committee of either house of the General Assem- biy. Fourth — To keep a fair record of all matters pertaining to the busi- ness of his office. Fifth — To pay over, without delay, all sums of money which may come into his hands by virtue of his office, to the officer or person entitled to receive the same, in such manner as may be prescribed by law. Sixth — To counsel and advise in such manner as he may deem most advisable, with experienced and practical school teachers, as to the best manner of conducting common schools. Seventh — To supervise all the common and public schools in the State. Eighth — To be the general adviser and assistant of county super- intendents of schools in this State. Ninth — To address circular letters to county superintendents, from time to time, as he shall deem for the interests of schools, giving ad- vice as to the best manner of conducting schools, constructing school houses, furnishing the same, examining and procuring competent teachers. Tenth — To, on or before the 1st day of November preceding each regular session of the General Assembly, report to the Governor the condition of the schools in the several counties of the State; the whole number of schools which have been taught in each county in each of the preceding years, commencing on the 1st of July; what part of said number have been taught by males exclusively, and -what part by females exclusively; what part of said whole number have been taught by males and females at the same time, and what part by males and females at different periods; the number of scholars in attendance at said schools; the number of persons in each county under twenty- one years of age, and the number of such persons between the ages of twelve and twenty-one years that are unable to read and write; the amount of township and county funds; the amount of the interest of the State or common school fund, and of the interests of the township and county fund annually paid out; the amount raised by an ad valorem tax; the whole amount annually expended for schools; the number of school houses, their kind and condition; the number of townships and parts of townships in each county: the number and description of books and apparatus pur- chased for the use of schools and school libraries under the provis- ions of this act, the price paid for the same, the total amount purchased, and what quantity and how distributed, the number and condition of the libraries, together with such other information and suggestions as he may deem important in relation to the school laws, schools and the means of promoting education throughout the State; which report shall be laid before the General Assembly at each regu- lar session. Eleventh — To make such rules and regulations as may be neces- sary and expedient to carry into efficient and uniform effect the provisions of this act, and of all the laws which now are or may hereinafter be in force for establishing and maintaining free schools in this State. Twelfth — To be the legal adviser cf all school officers., and, when requested by any such school officers, to give his opinion in writing upon any question arising under the school laws of this State. Thirteenth — To hear and determine all controversies arising under the school laws of this State, coming to him by appeal from a county superintendent, upon a written statement of facts certified by the county superintendent. Fourteenth — To receive and file all proper reports made to him from time to time by the several county superintendents of this State as required by article II of this act, Fifteenih — To grant State certificates to such teachers as may be found worth}'^ to receive them, as provided for in section 2 of article VII of this act. Sixteenth — To be ex officio a member of the board of trustees of the University of Illinois and of the Southern Normal University. Seventeenth — To be ex officio a member of the Board of education of the State of Illinois, and to act as secretary thereof. Eighteenth — To report to the General Assembly of Illinois, at its regular sessions, the condition and expenditures of the Xormal Uni- versity, and such other information as may be directed by the Board of Education of the State of Illinois or by the General Assembly of this State. Nineteenth —To visit such of the charitable institutions of this State as are educational in their character, and to examine their facilities for instruction, and to prescribe forms for such reports as he may desire from the superintendents of such charitable institu- tions. § 5. The said State Superintendent of Public Instruction shall be clothed with the following powers : First — To direct and cause the county superintendent of any county, directors or boards of trustees or township treasurer of any township, or other school officer, to withhold from any officer, town- ship, district or teacher, any part of the common school, or township, or other school fund, until such officer, township treasurer or teacher shall have made all schedules, reports and returns required of him by this act, and until such officers shall have executed and filed all official bonds and accounted for all common school or township or other school funds which have heretofore come into his hands, as re- quired of him by this act. Second — To require the several county superintendents of this State to furnish him with such information relating to their several offices as he may desire to embody in his report to the General As- sembly of this State. Third — To require the board of trustees of each township in this State to make, at any time he may desire, a report similar to the re- port required to be made by such trustees, on or before the fifteenth day of July preceding each regular session of the Creneral Assembly of this State, as provided for in section 28 of article III of this act. Fourth — Upon the recommendation of the county superintendent, or for good and sufficient reasons, to remit the forfeiture of the school fund by any township which may have failed to make the reports re- quired by law. Fifth — To determine and designate the particular statistics relat- ing to schools which the inferior officers shall report to the county superintendent for the use of his office. Sixth — To authorize the several county superintendents to procure such assistance as may be necessary to conduct county teachers' in- stitutes for not less than five days in each year. Seventh — To require annual reports from the authorities of incor- porated towns, townships, cities or districts holding schools by au- thority of special charters to the same extent as regular school officers are or may be required to make such reports. Eighth — To jequire the president, principal or other proper officer of every organized university, college, seminary, academy or other literary institution, whether incorporated or unincorporated, or here- after to be incorporated in this State, to make out such report as he may require in order that he may lay before the General Assembly a fair and full exhibit of the affairs and conditions of such institutions and of the educational resources of the State. 6 Ninth — To require the Auditor of Public Accounts to withhold from the county superintendent of any county the amount due any such county for its share of the interest on State school fund, or said county superintendent for his per diem compensation, until 'the re- port provided for in section 17 of article II of this act shall have been furnished as therein required. § 6. The said State Superintendent of Public Instruction shall not be interested in the sale, proceeds or profits of any book, apparatus or furniture used, or to be used, in any school in this State, and for offending against the provisions of this section he shall be liable to indictment, and upon conviction shall be fined in a sum not less than twenty-five nor more than five hundred dollars, and may be impris- oned in the county jail not less than one month nor more than twelve- months, at the discretion of the court. Akticle II. COUNTY SUPERINTENDENTS. I 14. Powers defined. § 15. Record of land sales. § 16. Keport to county board. i 17. Report to State Superintendent. I 18, Collecting statistics, and suit against trustees as individuals. I 19. Approval of township treasurer's bond, and delivery of written state- ment to the township treasurer. § 20. Apportionment of funds to townships. g 21. Loaning of county fund. § 22. Appeal to the State Superintendent. § 23. Delivery of money, books, papers, etc. ^ to successor in ofiBce. S 1. Time of election and term of office. § 2. Oath and bond. ? 3. Form of bond, § 4. Obligors bound jointly and severally. I 5. Supervisors may require a new bond. g 6. Office and supplies. g 7. Liable to removal. (Repeal.) g 8. Vacancies. g 9. Time limited. g 10. Assistants. g 11. Commissions and per diem. g 12. Itemized bills and warrants from Au- ditor. g 13. Duties defined. Section 1. On Tuesday next after the first Monday in November A, D., 1890, and quadrennially thereafter, there shall be elected by the qualified voters of every county in this State a county superin- tendent of schools, who shall perform the duties required by law, and shall enter upon the discharge of his duties on the first Monday of December after his election. § 2 He shall, before entering upon his duties, take the oath pre- scribed by the Constitution, and execute a bond payable to the Peo- ple of the State of Illinois, with two or more responsible freeholders as security, to be approved by the county board or by the judge and clerk of the county court, in a penalty of not less than twelve thou- sand dollars ($12,000), to be increased at the discretion of the said county board, conditioned that he will faithfully perform all the duties of his office according to the laws which are or may be in force during his term of office. 7 § 3. The bond required in the foregoing section shall be in the following form, viz. : State of Illinois, \„„ County. / ^^• Know all men by these presents, that we, A B, C D, and E F, are held and firmly bound, jointly and severally, unto the People of the State of Illinois, in the penal sum of dollars, to the payment of which we bind ourselves, our heirs, executors and adminis' trators firmly by these presents. In witness whereof we have hereunto set our hands and seals this day of A. D. 18.... The condition of the above obligation is such, that if the above bounden A B, County Superintendent of the county aforesaid, shall faithfully dis- charge all the duties of such office, according to the laws which now are and may hereafter be in force, and shall deliver over to his successor in office all moneys, books and papers and property in his hands, as such County Super- intendent, then this obligation to be void, otherwise to remain in full force and virtue. A B [Seal.] C D [Seal.] E F [Seal.] And which bond shall be filed in the office of the County Clerk. § 4. The obligors in such bond shall be bound jointly and sever- ally, and upon it an action or actions may be maintained by the board of trustees of the proper township, or any other corporate body inter- ested, for the benefit of any township or fund injured by any breach of the conditions thereof. § 5. If a majority of the county board shall be satisfiel at an 3 time that the bond of said county superintendent is insufficient, it shall be the duty of such superintendent, upon notice being given to him by the clerk of such board, to execute a new bond, conditioned and approved as the first bond: Provided, that the execution of such new bond shall not affect the old bond or the liability of the securities thereon. § 6. It shall be the duty of the county board of the county to provide the said county superintendent with a suitable office, with necessary furniture and office supplies, as is done in the case of other county officers. § 7. The said county superintendent shall be liable to removal by the county board for any palpable violation of law or omission of duty. [Repealed by act approved June 15, 1893. § 8. When the office of county superintendent of schools shall become vacant by death, resignation, the removal of the incumbent by the county board or otherwise, the county board shall fill the vacancy by appointment, and the person so appointed shall hold his office until the next election of county officers, at which election the county board shall order the election of a successor: Provided, that if a vacancy shall not be filled by the county board within thirty days of the time the vacancy occurs by reason of a tie vote of said board upon the vote to fill the vacancy, or from any other cause, then it shall be the duty of the clerk to the county board to summons the connty judge of the county in which the v^ancy exists to meet with the county board at a time and place to be designated by the clerk, of which meeting the members of the county board shall have notice; and said county board and county judge, when so notified, shall meet at the time and place designated, of [at] which meeting the county judge shall preside, and in case of a tie vote he shall give the casting vote. Upon the appointment of a person to fill the vacancy of county superintendent of schools, the clerk of the county board shall notify the person so selected and appointed by the board of his selection and appointment, and he shall hold his office until the next election of county officers, at which election the county board shall order the election of a successor. [As amended by an act approved April 22, 1899. § 9. In counties having not more than one hundred (100) schools, the county board may limit the time of the superintendent: Pro- vided, that in counties not having more than fifty (50) schools, the limit of time shall not be made less than one hundred and fifty (150) days a year; in counties having from fifty-one (51) to seventy-five (75) schools, not less than two hundred (200) days a year; and in counties having from seventy-six (76) to one hundred (100) schools, not less than two hundred and fifty (250) days a year. § 10, The county superintendent may, with the approval of the county board, employ such assistant or assistants as he needs for the full discharge of his duties. Such assistants shall be persons of good attainments, versed in the principles and methods of education, familiar with public school work, and competent to visit schools. Such assistants shall receive such compensation as may be fixed by the county board. § 11. County superintendents shall receive in full, for all services rendered by them, commissions as follows: Three per cent commis- sion upon the amount of sales of school land, or sales of land upon mortgage, or of sales of real estate taken for debt, including all ser- vices therewith. Two per cent commission upon all sums distribu- ted, paid or loaned out by them for the support of schools. For all other duties required by law to be performed by them, four dollars ($4) a day for such number of days as shall be spent in the actual performance of their duties, not exceeding the number fixed by the county boards in counties in which the boards are given power to fix the number of days by section 9 of this article of this act, and one ($1) a day, for expenses for the number of days actually spent in school visitation. § 12. The county superintendents shall present under oath, or affirmation, their itemized bills for their per diem compensation and for the expenses allowed by this article of this act, when visiting schools, together with a report of all their acts as such county super- intendent, or assistant, including a list of all the schools visited, with the dates of visitation, to the county board, at the annual meet- ing of such county board in September, and as near quarterly there- after as such board may have regular or special meetings, and after the bills have been audited by the county board, the county clerk shall certify to such auditing upon the bills, and transmit them to 9 the Auditor of Public Accounts, who shall, upon receipt of them, re- mit in payment thereof to each superintendent his warrant upon the State Treasurer for the amount certified to be due him. The said Auditor, in making his warrant to any county for the amount due it from the State school fund, shall deduct from it the several amounts "for which warrants have been issued to the county superintendent of said county since the next proceeding apportionment of the State school fund. § 13. It shall be the duty of each county superintendent of schools in this State — First — To sell township fund lands, issue certificate of purchase, report to the county board and State Auditor, and perform all other duties pertaining thereto, as required by article XIII of this act. Second — To register applicants for admission to the State Normal Universities and to the University of Illinois, and to assist in the ex- amination of the same as directed by the State Board of Education or other proper authorities. Third — To visit each school in the county at least once a year, and in the performance of this duty he shall spend at least half the time ■given to his oflfice, and more, if practicable, in visiting ungraded schools. Fourth — To note, when visiting schools, the methods of instruc- tion, the branches taught, the text-books used, and the discipline, government and general condition of the schools. Fifth — To give to teachers and school officers such directions in the science, art and methods of teaching and courses of study as he may deem expedient and necessary. Sixth — To act as the official adviser and constant assistant of the school officers and teachers of his county; and in the performance of this duty he shall faithfully carry out the advice and instruction of the State Superintendent of Public Instruction. Seventh — To conduct as provided for in section 10 of articles VII of this act, a teachers' institute, and to aid and encourage the forma- tion of other teachers' meetings, and to assist in their management. Eighth — To labor in every practicable way to elevate the stand- «,rd of teaching, and improve the condition of the common schools of his county. Ninth — To examine, at least once each year, all books, accounts and vouchers of every township treasurer in his county, and if he finds any irregularities in them he shall at once report the same in writing to the board of trustees, whose duty it shall be to take, im- mediately, such action as the case demands. Tenth — To examine all notes, bonds, mortgages, and other evi- dences of indebtedness which the township treasurer holds officially, and if he finds that if the papers are not in proper form, or that the securities are insufficient, he shall so state in writing to the board of trustees. 10 Eleventh — To give notice of the election of trustees in cases such as; those provided for in section 15, article III of this act. , Twelfth — To file and safely keep the poll books and returns of any election required to be returned to the county superintendent by any provision of this act. Thirteenth — To investigate and determine all matters pertaining to the change in the boundaries of school districts which may come to him by appeal from the decision of the school trustees, and to notify the township treasurer, from whom the papers relating to the matter were received, of his decision of the matter. Fourteenth— To give notice of the election of school directors in cases such as are provided for in section 9 of article V of this act. Fifteenth — To hold meetings, at least quarterly, for the examina- tion of teachers, as provided for in section 7 of article VII of this act. Sixteenth — To grant certificates of qualification to such persons as may be qualified to receive them, as provided for in section 3 of article VII of this act; and to keep a record of all teachers to whom such certificates have been granted, as provided for by section 4 of article VII of this act; and to keep a record of all teachers employed in; teaching in this county. Seventeenth — To keep a just and true account of all moneys re- ceived and all moneys paid out on account of the "institute fund,"" and make report thereof to the county board, as provided for in sec- tion 9 of article VII of this act. Eighteenth — To present to the county board of the county, at^he first regular meeting thereof, annually, the report required by sec- tion 3 of article XI of this act. Ninteenth — To notify presidents of boards of trustees and clerks of school districts, on or before September 30, annually, of the amount of money paid by him to the township treasurer, and the date of such payments. Twentieth — To receive and file, on or before the 15th day of July preceding each regular session of the General Assembly, and at such other times as may be required by the State or county superintend- ent, a statement from the board of trustees of each township, giving such statistics and information as may be called for. § 14. The said county superintendent shall have power — Frst — To require the board of trustees of each township in his county to make, at any time he may desire, the report provided for in section 28 of article III of this act. Second — To recommend to the State Superintendent the remission of the penalty provided for a failure by the trustees of schools to make the reports provided for by law. Third— To renew teachers' certificates at their expiration by his indorsement thereon. i^oin-^/i— To revoke the certificate of any teacher for immoralityj incompetency, or other cause. 11 Fifth — To direct in what manner township treasurers shall keep their books and accounts. Sixth — To bring suit against the county collector for a failure to pay State Auditor's warrant, as provided for in section 5 of article XII of this act. Seventh — To remove any school director from oflSce for a willful failure to perform the duties of his office. Eighth — To lease and sell real estate in cases provided for in sec- tion 26 of article XIII of this act, in the manner therein specified, § 15. The said county superintendent shall provide three weU' bound books, which shall be paid for from the county treasury. These books shall be known and designated by letters A, B, C, for the fol- lowing purposes: In book "A" he shall record at length all petitions presented to him for the sale of common school lands, and the plats and certificates of valuation made by or under the direction of the trustees of schools, and the affidavits in relation to the same. In book "B" he shall keep an account of all sales of common school lands, which account shall contain the date of sale, name of purchaser,, description of land sold and the sum sold for. In book "C" he shall keep a regular account of all moneys received for lands sold or other- wise, and loaned or paid out; the persons from whom received, and on what account, and showing whether it is principal or interest; the person to whom loaned, the time for which the loan was made, the rate of interest, the name of the securities, when personal security is taken, or if real estate is taken as security, a description of the real estate; and if paid out, to whom, when, and on what account, and the amount paid out; the list of sales and the account of each township fund to be kept separate. § 16. The county superintendent shall report, in writing, to the county board, at their regular meeting in September of each year, giving first, the balance on hand at the time of the last report and a statement in detail of all receipts since that date, and the sources from which they were derived; second, the amount paid for expenses;, third, the amount of his commissions; fourth, the amount distributed to each of the township treasurers in his county; fifth, any balance on hand. He shall also present for inspection at the same time his books and vouchers for all expenditures, and all notes or other evi- dences of indebtedness which he holds officially, with the securities of the same; and he shall give in writing a statement of the condition of the county fund, of the institute fund, and of any township funds of which he may have the custody. § 17. On or before the 15th day of August before each regular- session of the General Assembly of this State, or annually, if so re- quired by the State Superintendent of Public Instruction, the county superintendent shall communicate to said State Superintendent all such information and statistics upon the subject of schools in his said; county as the said State Superintendent is bound to embody in his. report to the Governor, and such other information as the State- Superintendent shall require. 12 § 18._ In all cases where the township board of trustees of any township shall fail to prepare and forward, or cause to be prepared and forwarded to the county superintendent, the information and statistics required of them in this act, it shall be the duty of the said county superintendent to employ a competent person to take the enumeration and furnish such statistical statement, as far as prac- ticable, to the superintendent; and such person so employed shall have free access to the books and papers of said township to enable him to make such statement; and the township treasurer, or other officer or person in whose custody such books and papers may be, shall permit such person to examine such books and papers at such times and places as such person may desire for the purposes aforesaid; and the said county superintendent shall allow, and pay to the person so employed by him, for the services such amount as he may judge reasonable out of any money which is or may come into said'super- intendent's hands, apportioned as the share of or belonging to such township; and the said county superintendent shall proceed to re- cover and collect the amount so allowed or paid for such services, in a civil action before any justice of the peace in the county, or before any court having jurisdiction in the name of the People of the State of Illinois, of and against the trustees of schools of said township in their individual capacity; and in such suit or suits the said county superintendent and township treasurer shall be competent witnesses; and the money so recovered, when collected, shall be paid over to the county superintendent for the benefit of said township, to re- place the money taken as aforesaid. § 19. Whenever the bond of any township treasurers approved by the board of trustees of schools, as required by law, shall be delivered to the county superintendent, he shall carefully examine the same, and if the instrument is found in all respects to be according to law, and the securities good and sufficient, he shall endorse his approval thereon, have it recorded in the circuit qlerk's office, and file the same with the papers of his office, but if said bond is in any respect defective, or if the penalty is insufficient, he shall return it for cor- rection. When the bond shall have been duly received and filed, the superintendent shall, on demand, deliver to said township treasurer a written statement certifying that his bond has been approved and filed, and that said township treasurer is entitled to the care and cus- tody, on demand, of all moneys, bonds, mortgages, notes and secur- ities, and all books, papers and property of every description belong- ing to said township. § 20. Upon the receipt of the amount due upon the Auditor's warrant, the county superintendent shall apportion said amount, also the interest on the county fund and the fines and forfeitures, to the several townships or parts of townships in his county, in which townships or parts of townships schools have been kept in accord- ance with the provisions of this act, and with the instructions of the State and county superintendents, according to the number of children, under twenty-one years of age, returned to him, and shall pay over the distributive share belonging to each township and fractional township, to the respective township treasurers, or other 13 authorized person annually: Provided, that no part of the State> county or other school fund shall be paid to any township treasurer or other person authorized by said treasurer, unless said township treasurer has filed his bond, as required by section 1 of article IV of this act; nor in case said treasurer is reappointed by the trustees, unless he shall have renewed his bond and filed the same as afore- said. § 21. The county superintendent may loan any money, not inter- est, belonging to the county fund, or to any township fund, before the same is called for, according to law, by the township treasurer, at the same rate of interest, upon the same security and for the same length of time as is provided by this act in relation to the township treasurers, and apportion the interest as provided in the preceding section; and notes and mortgages taken in the name of the "county superintendent" of the proper county are hereby declared to be as valid as if taken in the name of "trustees of schools" of the proper township, and suits may be brought in the name of "county superin- tendents" on all notes and mortgages heretofore or hereafter made payable to the county superintendents. § 22. In all controversies arising under the school law, the opinion and advice of the county superintendent shall first be sought, whence appeal may be taken to the State Superintendent of Public Instruc- tion upon a written statement of facts certified by the county super- intendent. § 23. The county superintendent, upon his removal or resigna- tion, or at the expiration of his term of office, (or in case of his death, his representatives,) shall deliver over to his successor in office, on demand, all moneys, books, papers and personal property belonging to the office or subject to the control or disposition of the county superintendent. Article III. TOWNSHIP TRUSTEES OF SCHOOLS. ? 1. § 2. § 3. i 4. ?. 5. i 6. 2 7. § s. i 9. g 10. e 11. g 12. School township. Fractional township consolidated. School business of the township. Trustees a body politic. Annual election. Term of office. Age, residence and eligibility. Notice of election, and form of elec- tion notice. Election in certain cases lo be held on any Saturday, and notice to be given by county clerk. Trustees draw lots for their terms of office in certain cases. Judges of election. Qualification of voters. §13. Conduct of elections; contesting elec tions; polls may be closed at 4 p. m. g 14. Judges may postpone election. g 15. County superintendent to order elec- tion. g 16. Vacancies. g 17. Tie at an election. g 18. More than one polling place; canvass- ing the returns and making out a certificate. g 19. Election when township is same as town. g 20. Poll book; failure to deliver the same g 21. County clerks to furnish list of trus- tees elected at town meetings. g 22. Organization; appointment of presi-^ dent and treasurer. 14 i 23. g 24. g 25. § 26. ^ 27. g 28. § 29. g 30. g 31. I 32. g 33. .^ 34. =1 35. ^ 36. « 37. I 38. g 39. J 40. 1 41. g 42. g 43. Term of ofifiee of president and treas- urer; their removal. Record of proceedings. Meetings of trustees and quorum. Distribution to districts; basis of the same. Funds placed to the credit of districts. Report to county superintendent; items ; forfeiture for failure to re- port. Separate enumeration; statistics not divisible. Examination of township treasurer's books, etc., by trustees. Gifts, grants, etc. houses. title of school Sale of school house; form of notice of sale. Conveyance of real estate; how made. Township treasurer custodian of bonds; power to remove or sue that official. Power to purchase real estate in sat- isfaction of judgments. Power to make settlements. Power to lease land, or sell at public auction. Township high school, and form of notice for high school election. Ballots for high school election. Election for members of township board of education; term of office; vacancies; organization of the board, and establishment of the school. Powers of township board of educa- tion. Two or more townships, or two or more school districts, may join in establishing a high school; certain high school districts legalized. Discontinuance of township high school. g 44. Canvass of ballots and disposition of assets. § 45. Interests In school books; penalties. § 46. Districts in newly organized town- ships. g 47. Changes in district boundaries. § 48. Who may petition. g 49. Districts having less than 100,000 in- habitants, even under special char- ter, may vote to change boundaries. g 50. Filing of the petition; notice to the districts, and form of notice. g 51. Territory lying in two or more town- ships. g 52. Adjournmentof the board. § 53. Acting upon the petition. g 54. Appeal and form of notice. g 55. Clerks transmit papers to the county superintendent. g 56. Appeal in case of territory divided by county lines. g 57. Filing map and list of taxpayers. g 58. District with a bonded debt. g 59. Election in new districts, and form of notice . g 60. Conduct of election. §61. Organization of board. g 62. Election in districts organized by ac- tion of the county superintendent. §63. Distribution of funds. § 64. Appraisement of property. g 65. Liability of trustees in reference to distribution of funds. §66. Liability of clerk. § 67. District failing to have school for two years. § 68. Dissolution of union district. g 69. Successors to trustees>f school lands. Section 1. Each congressional township is hereby established a township for school purposes. § 2. Whenever any fractional township contains less than two hundred (200) persons under twenty-one years of age, the trustees thereof, upon petition of a majority of the adult inhabitants of such fractional township, may, by written agreement entered into with the board of trustees of any adjacent township, consolidate the terri- tory, school funds and other property of such fractional township with such adjacent township, and thereafter shall cease to exercise 15 "the functions^ of school trustees for such fractional township; and :such territory, school funds and other property, aforesaid, shall there- after be managed by the board of trustees of such adjacent and con- solidated township in accordance with the terms of agreement afore- said, in the same manner as is, or may be, provided by law, for the management of territory, funds and other property of school town- ships: Provided, that the said written agreement shall be duly signed by a majority of the said trustees, and filed for record by the said trustees in the office of the county clerk of the county in which such consolidated township, or the greater part thereof, is situated. [As amended June 21, 1895. § 3. The school business of the township shall be done by three trustees, to be elected by the legal voters of the township, as herein- after provided for. § 4. Said trustees shall be a body politic and corporate, by the name and style of "trustees of schools of township No.... range No. . . .," according to the number. The said corporation shall have perpetual existence, shall have power to sue and be sued, to plead and be impleaded, in all courts and places where judicial proceedings are had. § 5. The election of trustees of schools shall be on the second Saturday in April, annually. § 6. At the first regular election of trustees, after the passage of this act, a successor to the trustee whose term of office then expires shall be elected, and thereafter one trustee shall be elected annually. Said trustees shall continue in office three years, and until their suc- cessors are elected and enter upon the duties of their office. § 7. No person shall be eligible to the office of trustee of schools unless twenty-one years of age, and a resident of the township. And where there are three or more school districts in any township, no two trustees shall reside, when elected, in the same school district, nor shall a person be eligible to the office of trustee of schools and school director at the same time. [I§ 8. Notice of the election of school trustee shall be given by the township treasurer, upon the order of the trustees of schools, by posting notices of such election at least ten days previous to the time of such election in not less than five of the most public places in said township, which notices shall specify the time and place of election and the object thereof, and may be in the following form, viz.: Public notice is hereby given that on Saturday, the day of April, A. D ,an election will be held at , be- tween the hours of and of said day, for the purpose of electing school trustee for township JMo , range No By order of the board of trustees of said township. lownship Treasurer. § 9. In townships where no election for school trustees has here- tofore been held, or in townships where, from any cause, there are no trustees of schools, the election of trustees of schools may be 16 liolden on any Saturdaj', notice thereof being given as required by section 8 of this article. The first election in such township shall be ordered by the county clerk of the county, who shall cause notice to be given as aforesaid. § 10. In case of an election held, as required by the preceding section, the trustees elected, at their first meeting, shall draw lots for their respective terms of office for o7ie, two and three years; and thereafter one trustee shall be elected annually, at the usual time for electing trustees, to fill the vacancy occurrinc^. At all elections after said first election, the said notice shall be given by the trustees of schools, through the township treasurer, as in other elections for trustees. § 11. The trustees of schools of incorporated townships present shall act as judges, and choose a person to act as clerk of said elec- tion. If the trustees (or any of them) shall fail to attend, or refuse to act when present, the legal voters present shall choose from their own number such additional judges as may be necessary. In any township lying within the limits of a city, village or incorporated town, which has adopted the provisions of "An act regulating the holding of elections, and declaring the result thereof in cities, vil- lages and incorporated towns in this State,-' approved June 19, 1885, the said election shall be held under the provisions of said act. In unincorporated townships, the qualified voters present shall choose, from amongst themselves, the number of judges required to open and conduct said election. § 12. No person shall vote at any school election held under the provisions of this act, unless he possesses the qualifications of a voter at a general election. § 13. The time and manner of opening, conducting and closing said election, and the several liabilities appertaining to the judges and clerks and to the voters, separately and collectively, and the manner of contesting said election, shall be the same as prescribed by the general election laws of this State defining the manner of electing magistrates and constables, so far as applicable, subject to the provisions of this act: Provided, that said election may com- mence, if so specified in the notice, at any hour between the hours of eight (S) o'clock a. m., and one (1) o'clock p. m., and the judges may close such election at four (-1) o'clock p. m. § 14. If, upon any day appointed for the election of trustees of schools, the said trustees of schools or judges shall be of opinion that, on account of the small attendance of voters, the public good requires it, or if a majority of the voters present shall desire it, they shall postpone said election until the next Saturday, at the same place and hour, at which time and meeting the voters shall proceed as if it were not a postponed or adjourned meeting: Provided, that if notice shall not have been given of such election, as required by section 8 of this article, then and in that case said election may be ordered as aforesaid, and holden on any other Saturday, notice thereof being given as aforesaid. 17 § 15. If the township treasurer shall fail or refuse to give notice of the regular election of trustees, as required by said section 8 of this article, and if, in case of a vacancy, the remaining trustee or trustees shall fail or refuse to order an election to fill such vacancy, as required by section 16 of this article, then, and in each of such cases, it shall be the duty of the county superintendent to order an election of trustees to fill such vacancies as aforesaid, and all elections so ordered and held shall be valid to all intents and purposes whatever. § 16. When a vacancy or vacancies shall occur in the board of trus- tees of schools, the remaining trustee or trustees shall order an elec- tion to fill such vacancy, upon any Saturday, notice to be given as required by said section 8 of this article. § 17. In case of a tie vote at any election of trustees of schools, the election shall be determined by lot, on the day of the election, by judges thereof. § 18. In townships where, for general elections, there are more than two (2) polling places, the trustees shall give notice that polls will be opened for such elections in at least two places; in which case at least one of said trustees shall attend at each of said places, and addi- tional judges shall be chosen as provided in section eleven (11) of this article: Provided, there shall be at least one polling place for each eight hundred legal voters in said township. Should the polling places be in excess of the number of trustees, then the voters at such polling places so in excess shall select from their number the requi- site number of voters, who shall act as judges of said election in the manner provided by said section eleven (11) for the election of trus- tees in unincorporated townships. Said judges shall return the bal- lots and original poll-books, with a certificate thereon, showing the result of the election in said precinct, to the township treasurer of the township in which said election shall be held, whereupon it shall be the duty of the board of trustees of said township, within five days after said election, to meet and to canvass the returns from each pre- cinct, to make out a certificate showing the number of votes cast for each person in each precinct, and in the whole township, and shall file said certificate with the county superintendent of schools as otherwise provided by law. § 19. In counties adopting township organization, in each and every township whose boundaries coincide and are identical with those of the town, as established under the township organization laws, the trusee or trustees shall be elected at the same time and in the same manner as the town officers. In all such townships, if no trustees are elected at the stated town meeting, and when vacancies occur in the board, an election of trustee or trustees shall be ordered by the remaining trustee or trustees of schools, through the township treas- urer, as provided for in section nine (9) of this article. § 20. Upon the election of trustees of schools, the judges of the election shall, within ten (10) days thereafter, cause a copy of the —2 S. 18 poll-book of said election to be delivered to the county superintend- ent of the county, with a certificate thereon showing the election of said trustees and the names of the persons elected; which copy of the poll-book, with the certificate, shall be filed by said superintendent, and shall be evidence of such election. For a failure to deliver said copy of the poll-book and certificate within the time prescribed, the judges shall be liable to a penalty of not less than twenty-five dollars ($25) nor more than one hundred dollars ($100), to be recovered in the name of the People of the State of Illinois, by action of assump- sit, before any justice of the peace of the county, which penalty when collected, shall be added to the township school fund of the township, § 21. When school trustees are elected at town meetings, as provided in section nineteen (19) of this article, it shall be the duty of the county clerk, as soon as the list of the names of officers elected at the town meetings is filed with him, to give to the county super- intendent a list of the names of all school trustees elected at the town meetings of the county, and of the towns for which they are elected. § 22. Within ten days after the annual election of trustees, the board shall organize by appointing one of their number president, and soma person who shall not be a director or trustee; but who shall be a resident of the township, treasurer, if there be a vacancy in this office, who shall be ex officio clerk of the board. § 23. The president shall hold his office for one year, and the treasurer for two years, and until their successors are appointed, but either of said officers may be removed by the board for good and sufficient cause. § 24. It shall be the duty of the president to preside at all meet- ings of the board and it shall be the duty of the clerk to be present at all meetings of the board, and to record in a book to be provided for the purpose all of their official proceedings, which book shall be a public record, open to the inspection of any person interested therein. All of said proceedings when recorded shall be signed by the president and clerk. If the president or clerk shall be absent or refuse to perform any of the duties of his office at any meeting of the board, a president or clerk pro tern may be appointed. § 25. It shall be the duty of the board of trustees to hold regular semi-annual meetings on the first Mondays of April and October, and special meetings may be held at such other times as they think proper. Special meetings of the board may be called by the presi- dent or any two members thereof. At all meetings two members shall be a quorum for business. § 26. At the regular semi-annual meetings on the first Mondays of April and October, the trustees shall ascertain the amount of State, county and township funds on hand and subject to distribu- tion, and shall apportion the same as follows: First — Whatever sum may be due for the compensation and the books of the treasurer, and such sum as may*be deemed reasonable and necessary for dividing school lands, making plats, etc. 19 Second — And the remainder of such funds shall be divided among the districts, or fractions of districts, in which schools have been kept in accordance with the provisions of this act and the instruc- tions of the State and county superintendents during the preceding year ending June 30, in proportion to the number of children under twenty-one (21) years of age in each. § 27. The funds thus apportioned shall be placed on the books of the treasurer to the credit of the respective districts, and the same shall be paid out by the treasurer on the legal orders of the directors of the proper districts in the same manner as other funds of the dis- trict are paid out. § 28. The board of trustees of each township in this State shall prepare, or cause to be prepared, by the township treasurer, the clerk of the board, the directors of the several districts, or other person, and forwarded to the county superintendent of the county in which the township lies, on or before the 15th day of July, preceding each regular session of the General Assembly of this State, and at such other times as may be required by the county superintendent, or by the State Superintendent of Public instruction, a statement exhibit- ing the condition of schools in their respective townships for the pre- ceding biennial period, giving separately each year, commencing on the first day of July and ending on the last of June, which statement shall be as follows: First— The whole number of schools which have been taught in each year; what part of said number have been taught by males ex- clusively; what part have been taught by females exclusively; what part of said whole number have been taught by males and females at the same time, and what part by males and females at different periods. Second — The whole number of scholars in attendance at all the schools, giving the number of males and females separately. Third — The number of male and female teachers, giving each sep- arately; the highest, lowest, and average monthly compensation paid to male and female teachers, giving each item separately. Fourth — The number of persons under twenty-one years of age, making a separate enumeration of those above the age of twelve years who are unable to read and write, and the cause or causes of the neglect to educate them. Fifth — The amount of the principal of the township fund; the amount of interest of the township fund paid into the township treasury; the amount raised by ad valorem tax and the amount of such tax received into the township treasury, and amount of all other funds received into the township treasury. Sixth — Amount paid for teachers"' wages; the amount paid for school house lots; the amount paid for building, repairing, purchas- ing, renting and furnishing school houses; the amount paid for school apparatus, for books and other incidental expenses for the use of school libraries; the amount paid as compensation to township officers and others. 20 Seventh — The whole amount of the receipts and expenditures for school purposes, together with such other statistics and information in regard to schools as the State Superintendent or county superin- tendent may require. And any township from which such report is not received in the manner and time required by law, shall forfeit its portion of the public fund for the next ensuing year: Provided, that upon the recommendation of the county superintendent, or for good and sufficient reasons, the State Superintendent may remit such forfeiture. § 29. In all cases where a township is, or shall be divided by county line or lines, the board of trustees of such township shall make or cause to be made separate enumerations of male and female persons of the ages as directed by section 28 of this article, designat- ing separately the number residing in each of the counties in which such township may lie, and forward each respective number to the proper county superintendent of each of said counties; and in like manner, as far as practicable, all other statistics and information enumerated and required to be reported in the aforesaid section, shall be separately reported to the several county superintendents; and all such parts of said statistical information as are not susceptible of division and are impracticable to be reported separately, shall be re- ported to the county superintendent of the county in which the six- teenth section of such township is situated. § 30. At each semi-annual meeting, and at such other meetings as they may think proper, the said township board shall examine all books, notes, mortgages, securities, papers, moneys and effects of the corporation, and the accounts and vouchers of the township treas- urer, or other township school officer, and shall make such order thereon for their security, preservation, collection, correction of errors, if any, and for their proper management, as may seem to said board necessary. § 31. The trustees of schools in each township in the State may receive any gift, grant, donation or device made for the use of any school or schools, or library, or other school purposes within their jurisdiction, and they shall be and are hereby invested, in their cor- porate capacity, with the title, care and custody of all school houses and school house sites: Provided, that the supervision and control of such school houses and school house sites shall be vested in the board of directors of the district. § 32. When, in the opinion of any board of directors, the school house site or any buildings have become unnecessary or unsuitable or inconvenient for a school, the board of trustees, on petition of a majority of the voters of the district, shall sell and convey the same in the name of the said board, after giving at least twenty days' notice of such sale by posting up written or printed notices thereof, particularly describing said property, and the terms of sale, which notice may be in the following form, viz.: 21 Public notice is hereby given that on the day of , A. D. , the trustees of schools of township No , range No , will sell at public sale, on the premises hereinafter described, between the hours of 10 o'clock a. m. and 3 o'clock p. m., the school house situated on the school house site, known as (here describe the site by its number, commonly known name, or other definite description), and located in the (here describe its place in the section), which sale will be made on the following terms, to- wit: (Here insert as "one-third of the purchase money cash in hand, and the balance in two equal payments, due in one and two years from day of sale, with interest at the rate of per cent from date.") A. B. C. D. E. F. Trustees. And the deed of conveyance of the property so sold shall be exe- cuted by the president and clerk of said board, and the proceeds of such sale shall be paid over to the township treasurer, for the benefit of said district. § 33. All conve5'^ances of real estate which may be made to said board, shall be made to said board in their corporate name, and to their successors in office, § 34. The township board shall cause all moneys for the use of the townships and districts to be paid over to the township treasurer, who is hereby constituted and declared to be the only lawful depos- itary and custodian of all township and district school funds. They shall have power also to remove the township treasurer, at any time, for any failure or refusal to execute or comply with any order or requisition of said board, legally made and entered of record, or for other improper conduct in the discharge of his duty as treasurer. They shall also have power for any failure or refusal as aforesaid to sue him upon his official bond and recover all damages sustained by the said board in its corporate capacity, by reason of such neglect or refusal as aforesaid. § 35. The townghip trustees are hereby vested with general power and authority to purchase real estate, if in their opinion the interests of the township fund will be promoted thereby, in satisfaction of any judgment or decree wherein the said board or the county superin- tendent are plaintiffs or complainants; and the title of such real estate so purchased shall vest in said board for the use of the in- habitants of said township, for school purposes. § 36. The board of trustees are hereby vested with general power and authority to make all settlements with persons indebted to them in their official capacity; or to receive deeds to real estate in com- promise; and to cancel, in such manner as they may think proper, notes, bonds, mortgages, judgments and decrees, existing or that may hereafter exist, for the benefit of the township, when the interest of said township, or of the fund concerned shall, in their opinion, re- quire it; and their action in the premises shall be valid and binding. § 37. The board of trustees are hereby authorized to lease or sell at public auction, any land that may come into their possession in the manner provided for in either of the two preceding sections in such manner and on such terms as they may deem for the interests 22 of the townships: Provided, that in all cases of sale of sach land, the sale shall be either at the door of the court house, where judicial sales of land are usually made, or else on the premises to be sold, as the trustees may order and direct: A)id provided, that in all cases of sale of land, as provided in this section, the sale shall be made in the manner provided for sale of the sixteenth section by section 14 of article XIII of this act. § 38. Upon the petition of not less than fifty voters of any school township, filed with the township treasurer at least fifteen days pre- ceding the regular- election of trustees, it shall be the duty of said treasurer to notify the voters of said township that an election "For" or "Against" a township high school will be held at the said next regular election of trustees, by posting notices of such election in at least ten of the most public places throughout such township, for at least ten days before the election; which notices may be in the fol- lowing form, viz. : "high school election." Notice is hereby given that on Saturday, the day of April, A. D. , an election will be held at , for the purpose of voting "For" or "Against" the proposition to establish a town- ship high school for the benefit of township No , range No The polls for said election will be open at and cluse at o'clock of said day. A. B., loivnsliip Treasurer. Provided, that when any city in this State, having a population of not less than one thousand and not over one hundred thousand inhabitants, lies within two or more townships, then that township in which a majority of the inhabitants of said city reside shall, together with said city, constitute a school township under this act for high school purposes. [As amended by act approved June 19, 1891. § 39. The ballots for such election shall be received and canvassed as in other elections, and may have thereon the name of the person or persons whom the voter desires for trustee or trustees. § 40. If a majority of the votes at such election shall be found to be in favor of establishing a township high school, it shall be the duty of the trustees of the township to call a special election on any Saturday within sixty days from the time of the election establishing the township high school, for the purpose of electing a township board of education, to consist of five members, notice of which elec- tion shall be given for the same time and in the same manner as provided for in the election of township trustees. The members elected shall determine by lot, at their first meeting, the length of term each is to serve. Two of the members shall serve for one year each, two for two years, and one for three years from the second Sat- urday of April next preceding their election. "Whenever a vacancy occurs (except by death or resignation) , a successor or successors shall be elected, each of whom shall serve for three years, which sub- sequent election shall be held on the same day and in the same man- 23 ner as the election of township trustees. In case of vacancy from other cause than the expiration of the term of office, the board shall call an election without delay, which election may be held on any Saturday, notice of which shall be given for the same time and in the same manner as for the election of township trustees Within ten days after their election, the members of the township board of edu- cation shall meet and organize by electing one of their number president, and by electing a secretary. It shall be the duty of the township board of education to establish at some central point most convenient to a majority of the pupils of the township, a high school for the education of the more advanced pupils. [Manual training. See act approved June 3. 1897. § 41. For the purpose of building school houses, supporting the school, and paying other necessary expenses, the territory for the benefit of which a high school is established under any of the pro- visions of this act, shall be regarded as a school district, and the board of education thereof shall have the power and discharge the duties of directors of schools for such district in all respects. [As amended by act approved May 11, 1901. § 42. Two or more adjoining townships, or two or more adjoin- ing school districts whether in the same or different townships, may, upon like petition as required for township high schools, signed by at least fifty (50) legal voters in each of said townships or school districts — and where any such school district contains less than 150 voters, then such petition shall be signed by at least one-third of thf legal voters of such district — and upon an affirmative vote in each o such townships or districts, at an election held pursuant to the pro- visions of section 38 of this act, establish and maintain in the same manner as in this act, it is provided for township high schools, a high school for the benefit of the inhabitants of the territory de- scribed in such petition and the inhabitants of any territory com- posed of parts of adjoining townships who are now maintaining a high school and who have elected a board of education, may create such territory a high school district by a petion of fifty (50) legal voters of such district and by an affirmative vote in such district, and may elect a board of education therefor as in other high school districts. All such high schools may be discontinued in the same manner as township high schools: Provided, that any school dis- trict having a population of at least two thousand (2,000) inhabi- tants, may in the same manner as herein provided for establishing and maintaining a township high school, establish and maintain a high school for the benefit of the inhabitants of such school district, and elect a board of education therefor, with the same powers hereby conferred on township boards of education. All attempted high school districts in which the inhabitants are maintaining a high school and have in good faith elected a board of education substantially as herein required, are hereby declared to be valid and lawful high school districts and the boards of education elected therefor legal boards of education. [As amended by act ap- proved May 11, 1901. 24 § 43. When any township, townships or parts of townships, shall have organized a high school and wish to discontinue the same, upon petition of not less than a majority of the legal voters of said town- ship, townships or parts of townships, filed with the township treas- urers of said townships, at least fifteen days preceding the regular election of trustees, it shall be the duty of said treasurers to notify the voters of the township, townships or parts of townships, that an election will be held on the day of said regular election of trustees for the purpose of voting "For" or "Against" discontinuing the town- ship high school, which notice shall be given in the same manner, and for the same length of time, and may be in substantially the same form, as the notice provided for in section 38 of this article: Provided, that any township where a creek or river divides the same and it has been divided into towns with such creek or river as a boundary line between them, and each of said towns contains a city, and an election has been held in such township, and carried in favor of establishing a township high school, a site for which has been selected in one of said towns, and other proceedings had thereon, a petition signed by not less than one-fourth of the voters of such township, as shown by the vote of the last general election, may be filed at any time with the township treasurer of said township for an election, for the purpose of voting "For" or "Against" discontinuing the township high school as to the town in which the site is not located. Within ten days after the filing of the petition, as aforesaid, it shall be the duty of such township treasurer to post the notices for an election to be held, according to the prayer of such petition and if the majority of the votes cast at such election shall be in favor of discontinuing the township high school in the town where the site has not been located, the same shall be so discontinued as to it. [As amended by an act approved and in force June 2, 1897. § 44. The ballots for such election shall be received and canvassed in the same manner as provided for in section 89 of this article. If the majority of the votes of such election shall be found in favor of discontinuing the high school, it shall be the duty of the trustees to discontinue the same, and turn all the assets of the said high school over to the school fund of the township or townships interested therein, in proportion to the assessed valuation of said townships, to be used as any other township fund for school purposes. § 45. No trustee of schools shall be interested in the sales, pro- ceeds or profits of any book, apparatus or furniture used in any school in this State with which such trustee may be in any manner connected. For offending against the provisions of this section, any such trustee shall be liable to indictment, and, upon conviction, shall be fined in a sum not less than twenty-five dollars nor more than five hundred dollars, or may be imprisoned in the county jail not less than one nor more than twelve months, at the discretion of the court. § 46. Trustees of schools in newly organized townships shall lay off the township into one or more school districts, to suit the wishes or convenience of a majority of the inhabitants of the township, and shall prepare or cause to be prepared a map of the township, on 25 ^ which map shall be designated the district or districts, to be styled, * when there are more districts than one, "District No , in town- ship No , range No of the .... P. M. (according to the proper numbers) , county of , and State of Illinois." § 47. In a township where such division into districts has been made, the said trustees may, in their discretion, at the regular meet- ing in April, when petitioned as hereinafter provided for, change such districts as lie wholly within their township, so as — First — To divide or consolidate districts. Second — To organize a new district out of territory belonging to two or more districts. Third — To detach territory from one district and add the same to another district adjacent thereto. § 48. No change shall be made as provided for in the preceding section, unless petitioned for — First — By a majority of the legal voters of each of the districts affected by the proposed change. Second — By two-thirds (f ) of the legal voters living within certain territory, described in the petition, asking that the said territory be detatched from one district and added to another. Third — By two-thirds (f) of all the legal voters living within cer- tain territory, containing not less than ten (10) families, asking that said territory be made a new district. § 49. In school districts having a population of not less than one thousand inhabitants, whether acting under the general school law or organized and acting under a special charter, desiring a change of boundaries, the question of such change may be submitted to the trustees by vote of the people, instead of by the petition provided for in the preceding section; and when petitioned so to do by twenty- five legal voters of the district, the school board of the district shall submit the question of the change desired to the voters of said dis- trict, at a special election called for that purpose, and held at least thirty days prior to the regular April meeting of trustees. If a majority of the votes cast at any such election shall be in favor of the change proposed, then, due return of the election having been made to the township treasurer, the township trustees shall consider and take action the same as if petitioned therefor by a majority of the legal voters of such district: Provided, that no question of change of boundaries shall be submitted to a vote of the school dis- trict more than once in any one year. [As amended by act approved June 18, 1891. § 50. No petition shall be acted upon by the board of trustees unless such petition shall have been filed with the clerk of the said board of trustees at least twenty days before the regular meeting in April, nor unless a copy of the petition, together with a notice in writing, signed by one or more of the petitioners, shall be delivered by the petitioners, or some one of them, at least ten days before the 26 date at which the petition is to be considered, to the president or clerk of the board of directors of each district whose boundaries will be changed if the petition is granted. Which notice may be in the following form, to- wit: The directors in district No in township No range No of the principal meridian, will take notice that the undersigned and others have made and filed with the board of trustees of said township their petition, a copy of which is herewith handed to you. Signed , § 51. At the said April meeting, by the concurrent action of the several boards of trustees of the townships in which the district or districts affected lie, each board being petitioned as provided for in section 48 of this article, the same changes may be made in the bound- aries both of districts which lie in separate townships, but adjacent to each other, and of districts formed of parts of two or more town- ships, as are permitted to be made in districts which lie wholly in one township. § 52. When, at the regular meeting of the trustees in April, any petition shall come before the trustees, asking for any change in boundaries, it shall be the duty of the trustees to ascertain if the foregoing provisions have been strictly complied with ; and if it shall appear that they, or either of them, have not been complied with, then, in such case, the board shall adjourn for not longer than four weeks, in order that the foregoing provisions may be complied with; but there shall be but one adjournment for such purpose. § 53, If, on the day of the regular meeting, or, in case of an ad- journment, at the adjourned meeting, it shall appear that such pro- visions have been complied with, then the trustees shall consider the petition, and shall also hear any legal voters living in the district or districts that will be affected by the change if made, who may appear before them to oppose the petition, and they shall grant or refuse the prayer of the petitioners without unreasonable delay. After the trustees shall consider the petition, no objection shall be thereafter raised as to its form, and their action shall be prima facie evidence that all the formal requirements have been complied with. § 54. The petitioners, or the legal voters who have appeared be- fore the trustees at the meeting when the petition was considered, and opposed the same, shall have the right of appeal to the county superintendent of schools: Provided, that the party appealing files with the clerk of the trustees a written notice of appeal within ten days after the final action upon the petition by the trustees, which notice may be in the following form, to-wit: To the trustees of schools, township No , range No of county, Illinois: You are hereby notified that the undersigned will appeal from your decis- ion , made on the day of , A. D granting (or refusing) the prayer of the petition in regard to (here give substance of the petition concerned) to the county superintendent of schools of county, Illinois, as provided by law. Signed 27 § 55. When an appeal is taken from the action of the trustees to the county superintendent, the clerk of the trustees shall, within five days after the written notice of the appeal has been filed with him by the appellants, transmit all the papers in the case, with a trans- cript of the records of the trustees, showing their action thereon to the county superintendent, and, in case of an appeal, the township treasurer shall be requiried to take no further action in the matter, except upon the order of the county superintendent, whose duty it shall be to investigate the case upon such appeal; and if, in his opinion, the change asked is for the best interests of the district or districts concerned, he shall make such change or changes; but if he considers the proposed change unadvisable, he shall refuse to make it, and shall reverse, if need be, the action of the trustees, and shall give the clerk, from whom he received the papers, immediate notice of his decision; and his action shall be final and binding. If the changes asked for by the petitioners shall be made by the county superintendent, he shall notify, in writing, the clerk by whom the papers in the case were transmitted to him, of his action, and the clerk shall thereupon make a record of the same, and shall, within ten days thereafter, make a copy of the same, and a map of the town- ship, showing the districts, and an accurate list of the tax-payers of the newly arranged districts, and deliver them to the county clerk for filing and record by him, the same as if the changes had been ordered by the trustees. § 56. In all cases where the territory affected by a proposed change of district boundaries is divided by a county line or lines, the appeal may be taken to the county superintendent of schools of any one of the counties in which said territory is partly located; and upon any appeal being taken in any such case, the county superintendent of schools, to whom such appeal is taken, shall forthwith, give notice to the county superintendent or superintendents of schools of the other county or counties, of the pendency of such appeal, and of the time and place when and where it will be heard; and the county superintendents of schools of the counties in which the said territory is located, shall meet together at such time and place, and together hear and determine said appeal. In case the said county superin- tendents shall be unable to arrive at an agreement, then the county judge of the county where such appeal is pending shall be called, and shall constitute one of the board of appeal, and thereupon the appeal shall be heard and determined by them. And the county superintendent of schools, to whom such appeal is taken, shall at once notify, in writing, the clerk by whom the papers in the case were transmitted to him of the action taken on such appeal, as here- inafter provided. § 57. Whenever change in boundaries is made by the trustees of schools, if no appeal is taken to the county superintendent, the clerk of the trustees shall make a complete copy of the record of the action of the trustees, which copy shall be certified by the president of the trustees and the clerk who shall file the same, together with a map of 28 the township, showing the districts, and an accurate list of the tax- payers of the newly arranged districts, with the county clerk for record within twenty days of the action of the trustees. § 58. In case any territory shall be set ofp from any district that has a bonded debt, the change not being petitioned for by a majority of the legal voters of said district, such original district shall remain liable for the payment of such bonded debt, as if not divided. The directors of the original district having such bonded debt and of the district into which the territory taken from such original district has been incorporated or formed, shall constitute a joint board for the purpose of determining and certifying, and they shall determine and certify to the county clerk the amount of tax required yearly for the purpose of paying the interest and principal of such bonded debt, which tax shall be extended by the county clerk against all property embraced within such original districts as if it had not been divided. § 59. When the trustees of schools shall organize a new district, as hereinbefore provided for, it shall be the duty of the clerk of the board of trustees, if no appeal is taken to the county superintendent, to order, within fifteen days after the action of the trustees, an elec- tion, to be held at some convenient time and place, within the bound- aries of such newly organized district, for the election of three school directors, notice being given by the township treasurer, who shall post up at least three notices of sach election in at least three promi- nent places in said district, at least ten days prior to the time ap- pointed for holding such election, which notices shall specify the place where such election is to be held, the time for opening and closing the polls, and the object of said election, which notice may be in the following form, to- wit: "election notice." Public notice is hereby given that on the day of A. D. an election will be held at for the purpose of electing three school directors for the new district known as district No in township No.. Range No of the P. M., in county, Illinois. The polls at said election will be open at o'clock M. , and close at o'clock M. By order of the board of trustees of said township. Signed Township Treasurer. § 60. At the time appointed for opening the polls for said elec- tion, it shall be the duty of the legal voters present, five of whom shall constitute a quorum, to appoint three of their number, two of whom shall act as judges, and one as clerk of said election; and the election in all other respects shall be conducted as other elections for the election of school directors. § 61 Within ten days after the election, it shall be the duty of the directors, elected at such election, to meet at some convenient time and place previously agreed upon by said directors, and organ- ize as a district board by appointing one of their number president, and another of their number clerk of said board, as in other cases 29 of the election of school directors. At this first meeting of the direc- tors, they shall draw lots for their respective terms of office for one, two and three years, each of which shall be considered a fractional term, ending at each annual meeting according to the term drawn. § 62. In case a new district is organized by the action of the county superintendent, the said clerk of the board of trustees shall, within five days after he has received notice of the action of the county superintendent on the appeal, order an election of directors in the new district, the same as if the change had been made by the board of trustees, and such election shall be held in the same manner as the election provided for where the trustees have formed such new district, § 63. Whenever a new district has been formed by the trustees, or by the county superintendent, or county superintendents from a part of a district or from parts of two or more districts, the trustees of the township or townships concerned shall proceed forthwith to make a distribution of tax funds, or other funds which are in the hands of the treasurer, or to which the district may at the time of such division, be entitled; so that both the old and new districts shall receive parts of such funds, in proportion to the amount of taxes collected next preceding such division from the taxable property in the territory composing the several districts. If the new districts be composed of parts of two or more districts, the trustees shall make distribution of such funds between the new district and the old districts, respectively, so that the new district shall receive a distribution of the fands of each of the old districts, in the propor- tion which the amount of taxes collected from the property in the territory of the new district bears to the whole taxes collected, next before the division in the old district; and the town treasurer shall forthwith place the sum so distributed to the credit of the respective districts, and shall immediately place the proportion of the funds to which said new districts may be entitled to its credit on his books, and the funds on hand shall be subject at once to the order of the directors of the new district, and those not on hand as soon as col- lected. § 64. The trustees of the township or townships concerned shall, at the time of the creation of a new district or within the period of thirty days thereafter, proceed to the appointment of three ap- praisers, who shall not be citizens of the township or townships interested. It shall be the duty of said appraisers, within thirty days after their appointment, to appraise the school property, both real and personal, of the district or districts interested, at their fair cash value. Within thirty days after such appraisement, the trustee or trustees of the township or townships concerned shall proceed to charge the property to the district in which it may be found and to credit the other district interested therein with its proportion of such valuation: Provided, that the bona fide debts, if any, of the old district shall first be deducted and the balance charged and credited as aforesaid; and the trustees shall direct the treasurer to place to the credit of the district not retaining said property, its 30 proportion of the value of said property, and of the funds then on hand, or subsequently to accrue, belonging to such district to which such property is charged. § 65. If the trustees shall fail to observe the provisions of sections 68 and 64, in reference to the distribution of funds and property, they shall be individually and jointly liable to the district interested, in an action on the case, to the full amount of the damages sustained by the district aggrieved. When trustees have heretofore failed to make the distribution of property to districts, as provided in said sec- tions 63 and 64 of this article, the district interested in the making of such distribution may, by its directors, request the trustees, in writing, to proceed to make such distribution; and said trustees shall proceed to make such distribution in the manner prescribed, and shall be liable, as herein stated, for neglect or failure so to do. § 66. The clerk of any board of trustees who shall fail, neglect or refuse to perform the duties imposed upon him by this article of this act, or any of them, within the time and in the manner pre- scribed, shall, for each offense, forfeit not less than ten (10) dollars, nor more than twenty-five (25) dollars, of his pay as clerk of the board of trustees and township treasurer, which forfeiture shall be enforced by the trustees. § 67. If any school district shall, for two consecutive years, fail to maintain a public school, as required by law to do, it shall be the duty of the trustees of schools of the township, or townships, in which such district lies, to attach the territory of such district to one or more adjoining school districts; and in case said territory is added to two or more districts, to divide the property of said district between the districts to which its territory is added, in the manner hereinbefore provided for the division of property in case a new district is organized from a part of another district, and the action of the trustees in such case shall be final and binding. And the clerk of the trustees in such case shall file a copy of the record of the same, together with the map and list of tax-payers with the county clerk as in other cases of change of district boundaries. § 68. The majority of legal voters of a district lying in two or more townships may secure the dissolution of said district by peti- tioning the several boards of trustees of said townships, at their reg- ular meeting in April, that each will add the territory belonging to said district, in its township, to one or more adjacent districts. Upon re- ceipt of such petition or the returns of the election (in districts con- taining one thousand or more inhabitants) the several boards of trustees shall each make such disposition of the territory of said dis- trict as lies in its township, and they shall jointly make such division of property of said district between the districts to which its terri- tory is attached, as is hereinbefore provided in the case of the or- ganization of a new district from a part of another district. The ac- tion of the trustees, in accordance with such petition or election, shall be final and binding: and the clerks of the several boards of 31 trustees, in such case, shall file a copy of the record of the same, to- gether with the map and lists of tax-payers, with the county clerk as in other cases of change of district boundaries. § 69. The trustees of schools, elected as provided for in this ar- ticle, shall be the successors to the trustees of school lands, appointed by the county commissioners' court, and of trustees of schools elected in townships under the provisions of "An act making provisions for organizing and maintaining common schools," approved February 26, 1841, and "An act to establish and maintain common schools," approved March 1, 1847, and "An act to establish and maintain a system of free schools," approved April 1, 1872. All rights of prop- erty, and rights and causes of action, existing or vested in the trus- tees of school lands, or the trustees of schools appointed or elected as aforesaid, for the use of the inhabitants of the township, or any part of them, shall vest in the trustees of schools, as successors, in as full and complete a manner as was vested in the trustees of school lands, or the trustees of schools appointed or elected, as aforesaid. Article IV. TOWNSHIP TREASURER. § 1. Bond; form of bond. g 2. Treasurer's account; record of notes and bonds; subject to inspection. i 3. Terms of loans. ♦ § 4. Securities to run to board of trustees. i 5. Surplus district funds may be loaned. ? 6. Statement of loans to be delivered to county superintendent. § 7. Form and release of mortgage. § 8. Action on mortgage; insurance pol- icies. i 9. Additional security. § 10. Preference given to debts due to school fund. § 11. Default in payment; penalty; action to recover interest. i 12. Manner of bringing suits. § 13. Treasurer shall keep money, books and papers, and keep funds at in- terest. § 14. Send annual statement to trustees. § 15. Annual exhibit. ? 16. Statement to districts; exhibit to be posted. § 17. Penalty for failure to perform require- ments of the preceding sections. § 18. Unpaid orders of teachers to draw in- terest. $ 19. Additional duties defined. § 20. Treasurer liable for failure to per- form his duties, but not liable when acting under orders of board. g 21. Bonds, securities, etc., to be turned over to successor; penalty and judgment. §22. Compensation of the treasurer. Section 1. The township treasurer appointed by the board of trustees of schools shall, before entering upon his duties, execute a bond with two or more freeholders, who shall not be members of the board, as securities, payable to the board of trustees of the township for which he is appointed treasurer, with a sufficient penalty to cover all liabilities which may be incurred, conditioned faithfully to per- form all the duties of township treasurer in township No range No , in county, according to law; which bond shall be approved by at least a majority of the board, and shall be delivered by one of the trustees to the county superintendent of the proper county. And in all cases where such treasurer aforesaid is to. have the custody of all bonds, mortgages, moneys and effects 32 denominated principal, and belonging to the township for which he is appointed treasurer, the penalty of said treasurer's bond shall be twice the amount of all bonds, notes, mortgages, moneys and effects; and shall provide for the faithful accounting for, and turning over, of all such bonds, notes, mortgages, moneys and effects as shall come into his hands while he may act as such treasurer, under such ap- pointment, to his successor, when appointed and qualified, as herein provided, by giving bond. The penalty of said bond shall be in- creased from time to time, as the increase of the amount of notes, bonds, mortgages and effects may require, and whenever, in the judg- ment of the trustees or county superintendent, the security is in- sufficient, Any and every township treasurer appointed subsequent to the first, as herein provided, shall execute bond with security, as is required of the first treasurer. The bond required in this section shall be in th,e following form> viz: State of Illinois, \ County, i^^' Know all men by these presents, that we, A. B., C. D., and E. F., are held and firmly bound, jointly and severally, unto the board of trustees of town- ship , range , in said county, in the penal sum of dollars, for the payment of which we bind ourselves, our heirs, executors, and administrators firmly by these presents. In witness whereof we have hereunto set our hands and seals this day of , A. D. 18 The condition of the above obligation is such that if the above bounden A. B., township treasurer of township range , in the county aforesaid, shall faithfully discharge the duties of said ofl&ce. according to the laws which now are or may hereafter be in force, and shall deliver to his successor in office, after such successor shall have fully qualified by giving bond as provided by law, all moneys, books, papers, securities and property which shall come into his hands or control, as such township treasurer, from the date of this bond up to the time that his successor shall have duly qualified as township treasurer, by giving such bond as shall be required by law, then this obligation to be void; otherwise to re- main in full force and virtue. Approved and accepted by: A. B. (Seal.) G. H.,) C. D. (Seal.) I. J., [irustees. ' E. F. (Seal.) K. L.J § 2. Every township treasurer shall provide himself with two well bound books, the one to be called a cash book, the other a loan book. He shall charge himself in the cash book with all moneys received, stating the charge, when, from whom, and on what account received, and credit himself with all moneys paid or loaned, stating the amount loaned, the date of the loan, the rate of interest, the time when payable, the name of the securities; or, if real estate to be taken, a description of it. He shall also enter, in separate accounts, moneys received and moneys paid out, charging the first to debit account, and crediting the latter as follows, to- wit: First — The principal of the township fund, when paid in and when paid out. 33 Second — The interest of the township fund, when received and when paid out. Third — The common school fund and other funds, when received from the county superintendent and when paid out. Fourth — The taxes received from the county or town collector, for what district received, and when and what purpose paid out. Fifth — Donations received. Sixth — Moneys coming from all other sources; and in all cases entering the date when received, and when paid out. And he shall also arrange and keep his books and accounts in such other manner as may be directed by the State or county superintendent or the board of trustees. He shall also provide a book, to be called a jour- nal, in which he shall record, fully and at length, the acts and pro- ceedings of the board, their orders, by-laws and resolutions. And he shall also provide a book, to be called a record, in which he shall enter a brief description of all notes or bonds belonging to the town- ship, and upon the opposite page he shall note down when paid, or any remarks to show where or in what condition it is, as in the fol- lowing form, viz. : Maker's Name. Date of Note. When Due. Amount. Remarks. A. B., C. D., E. F. January 1,18 January 1,18 $90 00 January 6, 18 handed to I. J., for collection, or January 6, 18 paid . All the books and accounts of the treasurer shall at all times be subject to inspection of the trustees, directors or other persons authorized by this act, or by any committee appointed by the voters of the township, at the annual election of trustees, to examine the same. § 3. Township treasurers shall loan, upon the following condi- tions, all moneys which shall come into their hands by virtue of their oflBce, except such as may be subject to distribution. The rate of interest shall not be less than five per cent, nor more than seven per cent, per annum, payable annually, the rate of interest to be deter- mined by a majority of the township trustees at any regular or spec- ial meeting of their board. No loan shall be made for less than six months, nor more than five years. For all sums not exceeding two hundred dollars loaned for not more than one year, two responsible sureties shall be given; for all sums over two hundred dollars, and for all loans for more than one year, security shall be given by mort- gage on real estate unincumbered, in value forty per cent, more than the amount loaned, with a condition that in case additional security shall be at any time required, the same shall be given to the satis- faction of the board of trustees for the time being: Provided, that nothing herein shall prevent the loaning of township funds to boards —3 S. 34 of school directors, taking bonds therefor, as provided in section 1, article IX, of this act. [As amended by an act approved April 24, 1899] § 4. Notes, bonds, mortgages and other securities taken for money or other property due, or to become due, to the board of trustees for the township, shall be payable to the said board by their corporate name; and in such name, suits, actions and complaints, and every description of legal proceedings may be had for the recovery of money, the breach of contracts and for every legal liability which may at any time arise or exist, or upon which a right of action shall accrue to the use of such corporation. Provided, however, that notes, bonds, mortgages and other securities in which the name of the county superintendent, or the trustees of schools are inserted, shall be valid to all intents and purposes, and suit shall be brought in the name of the board of trustees as aforesaid. The wife of the mortgagor (if he is married) shall join in the mortgage given to secure the payment of money loaned by virtue of the provisions of this act. § 5. Whenever there is a surplus of funds in the treasurer's hands belonging to any school district, the treasurer may loan the same for the use and benefit of such district, upon the written request of the directors of said district and not otherwise; and all such loans shall be on the same conditions as are prescribed in this article for the loaning of township funds. § 6. The township treasurer shall, on or before the 30th day of June, annually, prepare and deliver to the county superintendent of his county, a statement, verified by his affidavit, showing the exact condition of the township funds. Said statement shall contain a description of the securities, bonds, mortgages and notes belonging to the township, giving names of securities, dates, amounts of loans, rate of interest, when due, aud all data by which a full understand- ing of the condition of the funds may be obtained. The county superintendent shall preserve such statement for the use of the township. § 7. Mortgages to secure the payment of money loaned under the provisions of this act, may be in the following-form, viz: I, A. B. , of the county of and State of do herebv grant, convey and transfer to the trustees of schools of township. .... range in the county of and State of Illinois, for the use of the inhabitants of said township, the following described real estate, to wit: (Here insert premises), which real estate 1 declare to be in mortgage for the payment of dollars loaned to me and for the payment of all interest that may accrue thereon to be computed at the rate of per cent per annum until paid. And 1 do hereby covenant to pay the said sum of money in years from the date hereof, and to pay the interest on the same annually, at the rate afore- said. I further covenant that I have a good and valid title to said estate, and that the same is free from all incumbrance, and that I will pay all taxes and assessments which may be levied on said estate, and that I will give any ad- ditional security that may at any time be required in writing by said board of trustees; and if said estate be sold to pay said debt, or any part thereof, or for any failure or refusal to comply with or perform the conditions or cove- nants herein contained, I will deliver immediate possession f the premises. 35 Aud it is further aerreed by and between the parties, in case a bill is filed in "any court to foreclose this mortgage for non payment of either principal or interest, that the mortg:agor will pay a reasonable solicitor's fee, and the same shall be included in the decree and be taxed as costs; and we, A. B., and C, wife of A. B., hereby release all right to the said premises which we may have by virtue of any homestead laws of this State, and in considera- tion of the premises, C, wife of A. B., doth hereby release to said board all her right and title of dower in the aforegranted premises for the purpose aforesaid. In testimony whereof, we have hereby set our hands and seals this day of 18 A. B. (Seal.) C. B. (Seal.) Which mortgage shall be acknowledged and recorded as is required by law for other conveyances of real estate, the mortgagor paying the -expenses of acknowledgment and recording. On payment of any school mortgage in full, it shall be the duty of ■the trustees of schools to give a deed of release of such mortgage or to enter satisfaction thereof upon the record, such deed of release or satisfaction to be executed by the township treasurer. § 8. Upon the breach of any condition or stipulation contained in said mortgage, an action may be maintained and damages recov- ered as upon other covenants; but mortgages made in any other form to secure payment, as aforesaid, shall be valid as if no form had been prescribed. In estimating the value of real estate mortgaged to se- cure the payment of money loaned under the provisions of this law, the value of improvements liable to be destroyed may be included; but in any such case said improvements shall be insured for the in- surable value thereof in some safe and responsible insurance company or companies, and the policy or policies of insurance shall be trans- ferable to the board of trustees as additional security for any loan, ■and shall be kept so insured until the loan is paid. § 9. In all cases where the board of trustees shall require addi- tional security for the payment of money loaned, and such security shall not be given, the township treasurer shall cause suit to be in- stituted for the recovery of the same, and all interest thereon to the date of judgment: Provided, that proof be made of the said re- ■quisition. § 10. In the payment of debts by executors and administrators, those due the common school or township fund shall have a prefer- erence over all other debts, except funeral expenses, the widow's award, and the expenses attending the last sickness, not including the phy- sician's bill. And it shall be the duty of the township treasurer to attend at the office of the probate judge upon the proper day, as other creditors, and have any debts, as aforesaid, probated and classed, to be paid as aforesaid. § 11. If default be made in the payment of interest due upon money loaned by any county superintendent or township treasurer, or in the payment of the principal, interest at the rate of twelve per ■cent per annum shall be charged upon the principal and interest 36 from the day of default, which interest shall be included in the aF- sessment of damages; or in the judgment in the suit or action brought upon the obligation to enforce payment thereof, and interest as afore- said may be recovered in action brought to recover interest only. The said township treasurer is hereby empowered to bring appro- priate actions in the name of the board of trustees, for the recovery of the yearly interest, when due and unpaid, without suing for the principal, in whatever form secured; and justices of the peace shall have jurisdiction of such cases of all sums not exceeding two hun- dred dollars. § 12. All suits brought or actions instituted under the provisions of this act, may be brought in the name of the trustees of schools of township No range No except as provided for qui tarn actions, or actions in favor of county superintendents. § 13. The said township treasurer shall demand, receive and safely keep, according to law, all moneys, books and papers of every description belonging to his township. He shall keep the township funds loaned at interest; and if, on the first Monday in October, in any year, there shall be any interest or other funds on hand which shall not be required for distribution, such amount not required as aforesaid, may, if the board of trustees see proper, forever be con- sidered as principal in the funds to which it belongs, and loaned as such. § 14. On the first Mondays in April and October of every year,, the township treasurer shall lay before the board of trustees a state- ment showing the amount of interest, rents, issues and profits that, have accrued or become due since their last regular half yearly meet- ing, on the township lands and township funds, and also the £ mount of State and county fund interest on hand. He shall also lay before the said trustees all books, notes, bonds, mortgages and all other evi- dences of indebtedness belonging to the township, for the examina- tion of the trustees; and shall make such other statement as the board may require, touching the duties of his office. § 15. The said township treasurer shall make out annually, and. present to the board of trustees, at their meeting succeeding the annual election, a complete exhibit of the fiscal affairs of the town- ship, and of the several districts or parts of districts in the township, showing the receipts of money, and the sources from which they have been derived, and the deficit and delinquencies, if there be any, and the cause, as well as a classified statement of moneys paid out, and the amount of obligations remaining unpaid. § 16. The township treasurer shall, within two days after the first Monday of April, and on July fifteenth in each year, make out for each district or part of district in the township, a statement or ex- hibit of the exact condition of the account of such district or part of district, as shown by his books on April first and June thirtieth of each year; which statement or exhibit shall show the balance at the time of making the last exhibit, and the amount received since, up to the time of making the exhibit, and when and from what source received; and it shall also show the amount paid out during the same- 37 time, to whom paid, and for what purpose, and shall be balanced, and the balance shown. It shall be the duty of said treasurer to com- ply with any lawful demand the said trustees may make as to the verification of any balance reported by said treasurer to be on hand. The exhibit shall be subscribed and sworn to by the treasurer before any oflScer authorized to administer an oath, and shall then, by the treasurer, be, without delay, delivered or transmitted by mail to the clerk of the board of directors of the proper district. It shall be the duty of the said clerk, upon receiving such exhibit, to enter the same upon the records of the district, and, at the next annual election of directors thereafter, to cause a copy thereof to be posted up at the front door of the building where such election is held. § 17. For a failure on the part of the treasurer, clerk of any board of directors, or any director, to comply with any of the re- quirements of the preceding sections of this article, he shall be liable to a penalty of not less than five dollars nor more than fifty dollars, to be recovered before any justice of the peace of the county in which the offense is committed. § 18. When any order drawn for the payment of a teacher, is presented to the township treasurer for payment, and is not paid for want of funds, the said treasurer shall make a written statement over his signature by an endorsement on such order, with date, showing such presentation and non-payment, and shall make and keep a rec- ord of such endorsement. Such order shall thereafter draw interest at the rate of seven per cent per annum until paid, or until the treas- urer shall, in writing, notify the clerk of the board of directors that he has funds to pay such order, and of said notice, the said treasurer shall make and keep* a record; after giving said notice, he shall hold the funds necessary to pay such order until it is presented for pay- ment, and such order shall draw no interest after the giving of said notice to said clerk of the board. [As amended by an act approved April 24, 1899.] § 19. In addition to the foregoing requirements, it shall be the* duty of the said township treasurer — First — To return to the county clerk of his county, on or before the second Monday of August in each year, the certificate of tax levy made by each board of school directors in his township. Second — To pay, whenever he has funds in his hands belonging to the district, all lawful orders drawn on him by the board of directors of any school district in his township. Third — To collect, from the collector of taxes of the township and the county collector of taxes, the full amount of the tax levies made by the several boards of directors in his township. Fourth — To examine the official record of each school district in the township on the first Mondays in April and October of each year Fifth — To keep a correct account between the districts where pupils are transferred by the directors from one district to another. 38 Sixth — To give, upon the order of the trustees of schools, notice of the election of trustees, as required by law. Seventh — To give, in case of the formation of a new school district, notice of the election of a board of school directors. Eighth — To cause to be published in some newspaper published in his county an annual statement of the finances of the township as required by law. Ninth — To make, whenever a change has been made in the bounda- ries of a school district, a complete copy of the records of the trus- tees, a map of the township showing such change of boundaries, and an accurate list of the taxpayers in the newly arranged districts, and file the same with the county clerk within twenty days of the tim& such change was made. Tenth — To file and safely keep all poll- books and returns of elec- tion which may be delivered to him under any provisions of this act, Eleventh — To receive and safely keep all moneys, securities, papers and effects belonging to the township or the school districts, which, by law, are required to be deposited with such treasurer. § 20. For any failure or refusal to perform all the duties required of the township treasurer b}" law, he shall be liable to the board of trustees, upon his official bond, for all damages sustained, to be re- covered by action of debt by said board, in their corporate name, for the use of the proper township, before any court having jurisdiction of the amount of damages claimed; but if such treasurer, in any such failure or refusal, acted under and in conformity to a requisi- tion or order of said board, or a majority of them, entered upon their journal and subscribed by their president and clerk, then, and in that case, the members of the board aforesaid, or those of them voting for such requisition, or order aforesaid, and not the treasurer, shall be liable, jointly and severally, to the inhabitants of the township for such damages, to be recovered by an action of assumpsit in the official name of the county superintendents [superintendent] of schools, for the use of the proper townships: Provided, that said township treasurer shall be liable for any part of the judgment obtained against said trustees which can not be collected on account of the insolvency of such trustees. § 21. Whenever a township treasurer shall resign or be removed, and at the expiration of his term of office, he shall pay over to his successor in office, all money on hand, and deliver over all books,, notes, bonds, mortgages and all other securities for money, and all papers and documents of every description, in which the corporation has any lawful interest whatever. And in case of the death of the township treasurer, his securities and legal representatives shall be bound to comply with the requisitions of this section, so far as the said securities and legal representatives may have the power so to do. And for failure to comply with the requisitions of this section, the persons neglecting or refusing shall be liable to a penalty of not less than ten (10) dollars nor more than one hundred (100) dollars at the discretion of the court before which judgment may be obtained. 39 to be recovered in an action of debt, in the name of the trustees of schools, before any justice of the peace, for the benefit of the school fund of such township: Provided, that the obtaining or .pay- ment of such judgment shall in no wise discharge or diminish the obligation of the persons signing the oflBcial bond of such township treasurer. § 22. The township treasurers shall receive in full, for all services rendered by them, a compensation to be fixed, prior to their election, by the board of trustees. Article V. BOARD OF DIRECTORS. g 1. Board of directors in districts with less than 1.000 inhabitants. I 2. Board of directors a body politic. I 3. Eligibility of school directors. I 4. Non-residence creates a vacancy. ? 5. Annual election and term of office. I 6. Election in new districts. ? 7. Vacancies. § 8. Notices of election. § 9. Election in certain cases ordered by township treasurer or county super- intendent. i 10. Judges; postponement; election on any Saturday. i 11. A tie vote. § 12. Delivery of the poll-book, and filing of the same; certificate. § 13. Poll-book in union district. ? 14. Penalty for failure to deliver the poll- book. § 15. Organization of the board. § 16. Quorum. § 17. Records. g 18. Meetings. 'i 19. Business to be done at a regular or special meeting. I 20. President or clerk pro tempore. § 21. Report of the organization. I 22. Reports of statistics, etc. § 23. Not to be interested in school con- tracts. 24. Not to be interested in sale of school books, etc. ? 25. Liable to indictment and fine. I 26. Duties defined. I 27. Additional powers defined. § 28. Orders on demand. § 29. Orders in anticipation of taxes. § 30. Liable for balance due teachers. § 31. Vote of the district required to locate school sites, etc. g 32. Compensation for school site. § 33. Removal by the county superintend- ent. I 34. Funds paid out upon orders; form of order. i 35. Transfer of pupils; separate sched- ules. § 36. Directors collect amount due from transfer pupils. Section 1. In all school districts having a population of less than one thousand inhabitants, and not governed by any special act in relation to free schools now in force, there shall be elected in the manner hereinafter provided for, a board of directors to consist of three members. TAs amended by an act approved June 1, lb89.] § 2. The directors of each district are hereby declared a body politic and corporate, by the name of "school directors of District No township No range county of and State of Illinois," and by that name may sue and be sued in all courts and places whatever. 40 § 3. Any person, male or female, married or single, of the age of twenty- one jears and upwards, who is a resident of the school dis- trict, and who is able to read and write in the English language, shall be eligible to the office of school director: Provided, that no person shall be eligible to the office of school director who is at the time a member of the board of school trustees. § 4. If any director shall, during the term of his office, remove from the district in which he was elected, his office shall thereby be- come vacant and a new director shall be elected, as in other cases of vacancy in office. § 5. The annual election of school directors shall be on the third Saturday of April, when one director shall be elected in each district, who shall hold his office for three years, and until his successor is elected. § 6. In new districts, the first election of directors may be on any Saturday, notice being given by the township treasurer, as for the election of trustees, when three directors shall be elected, who shall, at their first meeting, draw lots for their respective terms of office, for one, two and three years. § 7. When vacancies occur, the remaining director or directors shall, without delay, order an election to fill such vacancies, which election shall be held on Saturday. § 8. Notices of all elections in organized districts shall be given by the directors at least ten days previous to the day of said election. Said notices shall be posted in at least three of the most public places in the district, and shall specify the place where such election is to be held, the time of opening and closing of the polls, and the question or questions to be voted on. § 9. Should the directors fail or refuse to order any' regular or special election, as aforesaid, it shall be the duty of the township treasurer to order such election, and if the township treasurer fails to do so, then it shall be the duty of the county superintendent to order such election of directors within ten days, in each case of such failure or refusal, and the election held in pursuance of such order shall be valid the same as if ordered by the directors. § 10. Two of the directors ordering such election snail act as judges, and one as clerk of such election. But if said directors or any of them shall fail to order an election, to attend, or shall refuse to act when present, and in all unorganized districts and in elections to fill vacancies, the legal voters when assembled shall choose such additional members as may be necessary to act as two judges and a clerk of said election: Provided, that if upon the day appointed for said election, the said directors or judges shall be of opinion that, on account of the small attendance of voters, the public good requires it, or if the voters present, or a majority of them, shall desire it, they shall postpone said election until the next Saturday, at the same place and hour, when the voters shall proceed as if it were not an adjourned meeting: And provided, also, that if notice shall not 41 have been given as above required, then said election shall be ordered as aforesaid and holden on any Saturday, notice thereof being given, as aforesaid. § 11. In case of a tie vote, the judges shall decide it by lot on the day of the election. § 12. Within ten days after every election of directors, the judges shall cause the poll-book to be delivered to the township treasurer, with a certificate thereon showing the election of said directors and the names of the persons elected; which poll-book shall be filed by the township treasurer, and shall be evidence of said election. § 13. In case of a union district, made up of parts of two or more townships, the poll-book shall be returned to the township treasurer who receives the tax money for said district. § 14. For a failure to deliver the poll-book within the time pre- scribed, the judges shall be liable to a penalty of not less than twen- ty-five (25) dollars nor more than one hundred (100) dollars to be recovered in the name of the People of the State of Illinois, by action of assumpsit, before any justice of the peace of the county, which penalty, when recovered, shall be added to the township school fund ■of the township. § 15. The directors, within ten days after the annual election of the directors, shall meet and organize by appointing one of their num- ber president, and another of their number clerk of such board of directors. § 16. Two director's shall be a quorum for business. § 17. The clerk of such board of directors shall keep a record of all the official acts of the board in a well-bound book provided for that purpose, which record shall be signed by the president and clerk, and shall be submitted to the township treasurer for his inspection and approval on the first Mondays of April and October, and at such other times as the township treasurer may require. § 18. The board of directors shall hold regular meetings at such times as they may designate; and they may hold special meetings as occasion may require, at the call of the president or any two mem- bers. § 19. No official business shall be transacted by the board except at a regular or special meeting. § 20. If the president or clerk be absent from any meeting, or, being present, refuses to perform his official duties, a president or clerk pro tempore shall be appointed. § 21. The clerk of each board of school directors shall report to the township treasurer or treasurers of the proper township or town- ships, immediately after the organization of the board, the names of the president and clerk of such board. § 22. On or before the seventh day of July, annually, the clerk of each board of directors shall report to the township treasurer hav- ing the custody of the funds of such district, such statistics and oth- er information in relation to the schools of his respective district as 42 the township treasurer is required to embody in his report to the county superintendent, and the particular statistics to be so reported shall be determined and designated by the State Superintendent of Public Instruction, or by the county superintendent. § 28, No director shall be interested in any contract made by the board of which he is a member. § 24. No director shall be interested in the sale, proceeds or profits of any book, apparatus or furniture used or to be used in any school in this State with which he may be connected. § 25. Any person offending against the provisions of the two pre- ceding sections shall be liable to indictment, and upon conviction^ shall be fined in any sum not less than twenty-five (25) dollars and not more than five hundred (500) dollars, and may be imprisoned in the county jail not less than one nor more than twelve months, at the discretion of the court. § 26. It shall be the duty of the board of directors of each dis- trict — First — At the annual election of directors to make a detailed re- port of their receipts and expenditures to the voters there present,, and transmit a copy of such report to the township treasurer within five days from the time of said election. Second— To report to the county superintendent within ten day& after their employment, the full names of all persons employed as teachers, the date of the beginning and the end of their contract. Third — To provide for the necessary revenue to maintain fre& schools in their district in the manner provided for in article VIII of this act. Fourth — When a district is composed of parts of two or more town- ships, the directors shall determine and inform the collectors of said, townships, and the collector or collectors of the county or counties in which said townships lie, in writing, under their hands as directors, which of the treasurers of the townships from which their district is- formed shall demand and receive the tax money collected by the said collector as aforesaid. Fifth — To establish and keep in operation for at least one hundred and ten (110) days of actual teaching in each year, without reduction by reason of closing schools on legal holidays, or for any other cause- and longer if practicable, a sufficient number of free schools for the accommodation of all children in the district over the age of six (6) and under twenty-one (21) years, and shall secure for all such chil- dred the right and opportunity to an equal education in such free schools. Sixth— To adopt and enforce all necessary rules and regulations, for the management and government of the schools. Seventh — To visit and inspect the schools from time to time as the good of the schools may require. Eighth — To appoint all teachers and fix the amount of their sala- ries. 43 Ninth — The directors shall direct what branches of study shall bo^ taught, and what text books and apparatus shall be used in the sev- eral schoolSj and strictly enforce uniformity of text books therein, but shall not permit text books to be changed oftener than once in four years, but shall prohibit such change.* Tenth — The directors shall have power to purchase, at the expense of the district, a sufficient number of the text books used to supply children whose parents are not able to buy them. The text books bought for such purpose shall be loaned only, and the directors shall require the teacher to see that they are properly cared for and re- turned at the end of each term of school. Eleventh — The directors shall, on or before the seventh day of July, annually, deliver to the township treasurer all teachers' sched- ules made and certified as required by the provisions of article VII of this act, covering all time taught during the school year, ending June 30th, and the directors shall be personally liable to the district for any loss sustained by it, through the failure of the directors to exam- ine and so deliver such schedules within the time fixed by law. Twelfth — The directors shall not pay out any public money to any teacher unless such teacl^er shall, at the time of his or her employ- ment, hold a certificate of qualification, obtained under the provisions- of this act, covering the entire period of his or her employment. f Thirteenth — The directors shall not pay any public funds to any teacher unless such teacher shall have kept and furnished schedules as required by this act, and shall have satisfactorily accounted for books, apparatus and other property of the district that he may have taken in charge. Fourteenth — The directors shall pay teachers' wages monthly. Upon the receipt of schedules, properly certified, the directors shall at once make out and deliver to the teacher an order upon the town- ship treasurer for the amount named in the schedule; which order shall state the rate at which the teacher is paid according to his con- tract, the limits of time for which the order pays, and that the direc- tors have duly certified a schedule covering this time. But it shall not be lawful for the directors to draw an order until they have duly certified to the schedule; nor shall it be lawful for the directors, after the date of filing schedules as fixed by law, to certify any schedule not delivered to them before that date by the teacher, when such schedule is for time taught before the first of July preceding, nor tO' give an order in payment of the teacher's wages for the time covered by such delinquent schedule. Fifteenth — At the annual election of directors, the directors shall cause a copy of the township treasurer's report of the financial con- dition of the district, provided by law, to be posted upon the front door of the building where such annual election is held. * See act requiring and regulating the study of physiology and hygiene, approved June 9t 1897. t See section 5, article VII. 44 § 27. The board of school directors shall be clothed with the fol- lowing additional powers: First — To use any funds belonging to their district, and not other- wise appropriated, for the purchase of a suitable book for their rec- ords. And the said records shall be kept in a punctual, orderly and reliable manner. Second— ^diid directors may, where they deem the amount of labor done sufficient to justify it, allow the clerk of such board of direc- tors, out of any funds not otherwise appropriated, compensation for duties actually performed. Third — They shall have power to dismiss a teacher for incom- petency, cruelty, negligence, immorality or other sufficient cause. Fourth — They shall have power to assign pupils to the several schools in the district; to admit non-residents when it can be done without prejudice to the rights of resident pupils, to fix rates of tuition; collect and pay the same to the township treasurer for the use of said district. Fifth — They may suspend or expel pupils who may be guilty of gross disobedience or misconduct, and no action shall lie against them for such expulsion or suspension. Sixth — They may provide that children under twelve (12) years of age shall not be confined in school more than four hours daily. Seventh — They may appropriate, for the purchase of libraries and apparatus, any school funds remaining after all necessary school ex- penses are paid. Eighth — When any school district owns any personal property not needed for school purposes, the directors of such district may sell such property at public or private sale, as in their judgment will be for the best interest of the district, and the proceeds of such sale shall be paid over to the treasurer of such district, for the beneQt of said school district. Ninth — They may grant special holidays whenever in their judg- ment such action is advisable: Provided, no teacher shall be re- quired to make up the time lost by the granting of such holidays. Tenth — They shall have the control and supervision of all school houses in their district, and may grant the temporary use of school houses when not occupied by schools, for religious meetings and Sunday schools, for evening schools and literary societies, and for such other meetings as the directors may deem proper. Eleventh —They shall have power to decide when the school house site, or the school buildings have become unnecessary, or unsuitable, or inconvenient for a school. Twelfth-r-They may borrow money, and issue bonds therefor, for building school houses, purchasing sites, repairing and improving school houses, in the way and manner provided for by article IX of this act. 45 § 28. The school directors shall draw no order or warrant payable on demand upon the township treasurer or against any fund in his hands, unless at the time of drawing such order or warrant there are sufficient funds in his hands to pay the amount of the same: Pro- vided, this section shall not apply to orders issued to teachers for their wages. § 29. Whenever there is no money in the treasur}/ of any school district to meet and defray the ordinary and necessary expenses thereof, it shall be lawful for the board of directors to provide that orders or warrants may be drawn and issued against and in an- ticipation of the collection of any taxes already levied by said directors for the payment of the ordinary and necessary expenses of any such district, to the extent of seventy-five per centum of th& total amount of said tax levy: Provided, that warrants drawn and issued under the provisions of this section shall show upon their face that they are payable solely from said taxes when collected, and not otherwise, and such warrants shall be received by any collector of taxes in payment of the taxes against which they are issued, and which taxes against which said warrants or orders are drawn shall be set apart and held for their payment. § 30. The school directors shall be liable as directors for the bal- ance due teachers, and for all debts legally contracted. § 31. It shall not be lawful for a board of directors to purchase or locate a school house site, or to purchase, build or move a school house, or to levy a tax to extend schools beyond nine months with- out a vote of the people at an election called and conducted as required by section 4 of article IX of this act. A majority of the votes cast shall be necessary to authorize the directors to act: Pro- vided, that if no one locality shall receive a majority of all the votes cast at such election, the directors may, if in their judgment the public interest requires it, proceed to select a suitable school house site; and the site so chosen by them shall, in such case, be legal and valid, the same as if it had been determined by a majority of the votes cast; and the site so selected by either of the methods above provided shall be the school house site for such district; and said district shall have the right to take the same for the purpose of a school house site either with or without the owner's consent, by condemnation or otherwise. § 32. In case the compensation to be paid for the school house site mentioned in the preceding section can not for any reason be agreed upon or determined between the school directors and the parties interested in the land taken for such site, then it shall be the duty of the directors of such district to proceed to have such com- pensation determined in the manner which may be at the time pro- vided by law for the exercise of the right of eminent domain: Pro- vided, that no tract of land lying outside of the limits of any incor- porated city or village, and lying within forty rods of the dwelling house of the owner of the land, shall be taken for a school site with- out the owner's consent. 46 § 33. Any director wilfully failing to perform his duties as direct- ed under this act, may be removed by the county superintendent, and a new election ordered, as in other cases of vacancies. § 84. All funds belonging to any school district, and coming from any source, shall be paid out only on order of the board of directors, signed by the president and clerk of said board, or by a majority of said board. In all such orders shall be stated the purpose for which or on what account such order was drawn. Such order may be in the following form: The treasurer of township No , range No , in county, will pay to or bearer, dollars and cents, (on his contract for repairing- school house, or whatever the purpose naay be) . By order of the board of directors of school district No in said township. A B , President. C D Clerk. § 35. Pupils shall not be transferred from one district to another without the written consent of a majority of the directors of each district, which written consent shall be delivered to and filed with the proper township treasurer, and shall be evidence of such consent. A separate schedule shall be kept for each district, and in each schedule shall be certified the proper amount due the teacher from that district, computed upon the basis of the total number of days' attendance of all schedules. If the district from which the pupils are transferred is in the same township as the district in which the school is taught, the directors of said district shall deliver the separ- ate schedules to their township treasurer, who shall credit the dis- trict in which the school was taught, and charge the other district with the respective amounts certified in said separate schedules to be due. If pupils are transferred from a district of another town- ship, the schedule for that district shall be delivered to the directors thereof, who shall immediately draw an order on their treasurer in favor of tbe treasurer of the township in which the school was taught for the amount certified to be due in said separate schedule. § 36. When a school is composed in part of pupils transferred, as provided for in the preceding section, from other townships, the duty of collecting the amount due on account of such pupils shall devolve upon the directors of the district in which the school was taught. 47 ' Article VI. BOARD OF EDUCATION. § 17. g 18. § 19. § 20. ? 21. g 22. g 23. § 24. § 25. g 26. g 27. g 28. g 29, Number of members in board of edu- cation of cities having over 100,000 inhabitants, and manner of their ap- pointment. Eligibility to membership in boards of education in such cities. Organization; employes of the board; term. etc. Records; yeas and nays. Powers with concurrence of city coun- cil defined. Other powers defined. Duties defined. Business to be done at s^ regular meet- ing. Conveyances of real estate made to city in trust. School moneys held by city treasurer. City not liable for excess of expendi- tures; board not authorized to tax. Powers of board not to be exercised by city council. Authority of boards in certain cities to issue certificates. 2 1. Cities and villages. g 2. Board of education in all districts not less than 1,000 inhabitants; number of members. ? 3. President of the board. g 4. Duties and powers of the president. I 5. Annual election of members; term of office. ^ 6. Notice of election: form of notice. ^ 7. Election on any Saturday. g 8. Conduct of election. i 9. Election of members of board of edu- cation to succeed directors. g 10. Powers and duties of the board de- fined. g 11. Yeas and nays. ? 12. Business to be done at a regular ©r special meeting. I 13. Conveyances of real estate, how made. g 14. School moneys in charge of township treasurer. i 15. Special acts may be relinquished; manner of change and form of notice. 5 16. Eedistricting under this act; election of school boards. Section 1. Incorporated cities and villages, except such as now have charge and control of free schools by special acts, shall be and remain parts of the school townships in which they are respectively situated and be subject to the general provisions of the school law, except as otherwise provided in this article. § 2. In all school districts having a population of not less than one thousand and not over one hundred thousand inhabitants, and not governed by any special act in relation to free schools now in force, there shall be elected, instead of the directors provided by law in other districts, a board of education, to consist of a president of the board of education, six members, and three additional members for every additional ten thousand inhabitants. Whenever additional ' members of such board of education are to be elected by reason of increased population of such district, such members shall be elected on the third Saturday of April succeeding the ascertaining of such increase by any special or general census, and the notice of such elec- tion shall designate the term for which the members are to be elected, so that one-third of the board shall be elected for each year: Pro- vided, that in no case shall said board consist of more than fifteen members. 48 § 3. The president of said board of education shall be elected an- nually, at the same time the members of the board of education are elected, and he shall hold his office for the term of one year, and un- til his successor is elected and qualified. § 4. The president of the board of education so elected shall pre- side at all meetings of said board, and shall give the casting vote in case of a tie between the members thereof; but otherwise he shall not have a vote. He shall sign all orders for the payment of money ordered by said board, and generally perform such duties as are im- posed by law upon presidents of boards of directors, or that may be imposed upon him by said board of education, not in conflict with law: Provided, that in the absence or inability to act as said presi- dent, said board may appoint a president pro tempore from their number. § 5. The annual election of members of the board of education shall be on the third Saturday in April, when one- third of the mem- bers shall be elected for three years, and until their successors are elected and qualified. § 6. iJ^otice of such election shall be given by the board of educa- tion at least ten days previous to such election by posting notices in. at least three of the most public places in said district, which shall specify the place where such election is to be held, the time of open- ing and closing the polls and the purpose for which such election is held, which notice may be in the following form, to- wit: Public notice is given hereby, that on Saturday, the day of April, A. D , an election will be held at between the hours of and of said day, for the purpose of electing a presi- dent of the board of education of district No , township No range No. , and members of the board of education of said district. Dated this day of , A. D A B , President. C D , Cleric. § 7. In case of a failure to give the notice above provided for, such election may be held on any Saturday after such notice has been given as aforesaid. § 8. Such election shall be conducted in the same manner, and be governed by the provisions of this act relating to the election of boards of directors, except as otherwise provided by law. § 9. At the first election of directors succeeding the passage of this act, in any district having a population of not less than one thou- sand (1,000) inhabitants by the census of 1880, and in such other districts as may hereafter be ascertained by any special or general census to have a population of not less than one thousand inhabi- tants, at the first election of directors occurring after taking such special or general census, there shall be elected a board of education, who shall be the successors of the directors of the district; and all rights of property and all rights or causes of action existing or vested in such directors, shall vest in said board of education, in as full and complete a manner as was vested in the school directors. Such board. 49 at its first meeting, shall fix by lot, the term of office of its members so that one-third of them shall serve for one year, one-third for two years and one-third for three years, and thereaft^ one-third shall be elected annually on the third Saturday in April, to fill the vacancies occurring, and to serve for the term of three years. § 10. The board of education shall have all the powers of school directors; and, in addition thereto and inclusive thereof, they shall have the power and it shall be their duty — First — To establish and support free schools not less than six nor more than ten months in each year. Second— ^o repair and improve school houses, and furnish them with the necessary fixtures, furniture, apparatus, libraries and fuel. Third — To examine teachers as supplemental to any other exami- nation, to employ teachers and to fix the amount of their salaries. [As amended by act approved June 19, 1893.] Fourth — To establish schools of difiPerent grades, and make regu- lations for the admission of pupils into the same. Fifth — To buy or lease sites for school houses, with the necessary grounds: Provided, it shall not be lawful for such board of educa- tion to purchase or locate a school house site, or to purchase, build or move a school house, unless authorized by a majority of all voters voting at an election called for such purpose in pursuance of a peti- tion signed by not less than five hundred legal voters of such district, or by one- fifth of all the legal voters of such district. Sixth — To levy a tax, annually, upon the taxable property of the district, in the manner provided in article VIII of this act, for the purpose of supporting and maintaining free schools in accordance with the powers herein conferred: Provided, that it shall not be lawful for such board of education to levy a tax to extend schools be- yond a period of ten months in each year, except upon petition of a majority of the voters of the district: And, provided further, that all taxes shall be levied under the limitations relating to the percent- age of the assessment, as provided by section 1, article VIII of this act. Seventh — To employ, should they deem it expedient, a competent and discreet person or persons as superintendent or superintendents of schools, and fix and pay a proper salary or salaries therefor; and such superintendent may be required to act as principal or teacher in such schools. Eighth — To lay ofP and divide the district into sub-districts, and from time to time alter the same, create new ones and consolidate them. Ninth — To visit all the public schools as often as once a month to inquire into the progress of scholars and the government of the schools, 4 S. 50 Tenth — To prescribe the method and course of discipline and in- struction in the respective schools, and to see that they are main- tained and pursued in the proper manner.* Eleventh — To expel any pupil who may be guilty of gross disobe- dience or misconduct. No action shall lie against them for such ex- pulsion. Twelfth — To dismiss and remove any teacher whenever, in their opinion, he or she is not qualified to teach, or whenever, from any cause, the interests of the schools may, in their opinion, require such removal or dismissal. Thirteenth — To apportion the scholars to the several schools. Fourteenth — To establish and promulgate all such by-laws, rules and regulations for the government and the establishment and main- tenance of a proper and uniform system of discipline in the several schools as may, in their opinion, be necessary. Fifteenth — To take charge of the school houses, furniture, grounds and other property belonging to the district, and see that the same are kept in good condition, and not suffered to be unnecessarily in- jured or deteriorated. Sixteenth — To provide fuel and such other necessaries for the schools as, in their opinion, may be required in the school houses, or other property belonging to or under the control of the district. Seventeenth — To appoint a secretary and provide well bound books at the expense of the school tax fund, in which shall be kept a faith- ful record of all their proceedings. Eighteenth — To annually prepare and publish in some newspaper, or in pamphlet form, a report of the number of pupils instructed in the year preceding, the several branches of study pursued by them, of the number of persons between the ages of twelve and twenty-one unable to read and write, and the receipts and expenditures of each school, specifying the source of such receipts and the objects of such expenditures. § 11. In all questions involving the expenditure of money, the yeas and nays shall be taken and entered on the records of the pro- ceedings of the board. § 1 2. None of the powers herein conferred upon boards of educa- tion shall be exercised by them, except at a regular or special meet- ing of the board. § 18. All conveyances of real estate shall be made to the township trustees in trust for the use of schools, and no conveyance of any real estate or interest therein used for school purposes, or held in trust for schools, shall be made, except by the board of trustees, upon the written request of such board of education. § 14. All money raised by taxation for school purposes, or re- ceived from the State common school fund, or from any other source for school purposes, shall be held by the township treasurer as a *See act requiring and regulating the study of physiology and hygiene, approved June 9, 1897. 51 special fund for school purposes, subject to the order of the board of education, upon warrants signed by the president and secretary thereof. § 15. Any city, incorporated town, township or district in which free schools are now managed under any special act, may, by vote of its electors, cease to control such schools under such special act, and become part of the school township in which it is yituated, and sub- ject to the control of the trustees thereof, under and according to the provisions of this act. Upon petition of fifty voters of such city, town, township or dis- trict, presented to the board having control and management of schools in such city, town, township or district, it shall be the duty of such board, at the next ensuing election to be held in such city, town or township or district, to cause to be submitted to the voters thereof, giving not less than fifteen days' notice thereof, by posting not less than five notices in the most public places in such city, town, township or district, the question of "Organization under the Free School Law;" which notice shall be in the following form, to-wit: Public notice is hereby given that on the day of A. D. , an election will be held at , between the hours of M. and M. of said day, for the purpose of deciding the question of "Organization under the Free School Law." § 16. If it shall appear on a canvass of the returns of such elec- tion, that a majority of the votes cast at such election are "For Or- ganization under the Free School Law," then at the next ensuing regular meeting of the board of trustees of the township or town- ships in which such city, incorporated town, township or district is situated, said trustees shall proceed to redistrict the township or townships as aforesaid, in such manner as shall suit the wishes and convenience of a majority of the inhabitants in their respective town- ships, and to make a division of funds and other property in the manner provided for by section 63 of article III of this act, and on any Saturday thereafter there shall be elected, in each of the new districts so formed, a director, directors or board of education, as the case may be, in the manner provided for in section 6 of article V of this act, and thereafter such districts shall proceed as other districts under this act, but all subsequent elections of directors or boards of education shall be conducted as provided in sections 5 and 8 of article y of this act.* § 17. In cities having a population exceeding one hundred thous- and inhabitants, from and after this act shall take effect, the board of education shall consist of twenty-one members, to be appointed by the mayor, by and with the advice and consent of the common coun- cil, seven of whom shall be appointed for the term of one year, seven for the term of two years, and seven for the term of three years: Provided, however, that in such cities wherein there is now a board of education, holding their office by appointment, such officers shall continue in office until the time at which their terms would have ex- *See further provision in act approved June 2, 1891, and act approved June 10, 1897. 52 # pired under the law in force at the time of their appointment. At the expiration of the term of any members of said board, their suc- cessors shall be appointed in like manner and shall hold their office for the term of three years. Any vacancy which may occur shall be filled by the appointment of the mayor, with the approval of the com- mon council, for the unexpired term: And, provided further, that from and after this act shall take effect there shall be appointed by the mayor, by and with the advice and consent of the common coun- cil, six members, two of whom shall be appointed for the term of one year, two for the term of two years, and two for the term of ^hree years. [As amended by act approved June 22, 1891 ] § 18. Any person having resided in any such city more than five years next preceding his appointment, shall be eligible to member- ship of such board of education. § 19. The said board of education shall appoint a president and secretary, the president to be appointed from their own number, and shall appoint such other officers and employes as such board shall deem necessary, and shall prescribe their duties and compensation and terms of office. § 20. The said board shall provide well bound books, at the ex- pense of the school tax fund, in which shall be kept a faithful record of all their proceedings. The yeas and nays shall be taken and en- tered on the records of the proceedings of the board upon all ques- tions involving the expenditure of money. § 21. The said board of education shall have charge and control of the public schools in such cities, and shall have power, with the concurrence of the city council — First — To erect or purchase buildings suitable for school houses, and keep the same in repair. Second — To buy or lease sites for school houses with the necessary grounds. If said board of education shall be unable to agree with the owner or owners for the purchase of such site, then, with the con- currence of the city council, it may acquire the title to said site in the manner that may be now or hereafter provided for by any law of eminent domain. Such proceedings to condemn shall be in the name of said city in trust for the use of the schools. [Amended by an act approved April 22, 1899.] Third — To issue bonds for the purpose of building, furnishing and repairing school houses, for purchasing sites for the same, and to provide for the payment of said bonds; to borrow money for school purposes upon the credit of the city. § 22. The said board of education shall have power — First — To furnish schools with the necessary fixtures, furniture and apparatus. Second — To maintain, support and establish schools and supply the inadequacy of the school funds for the salaries of school teachers from school taxes. Tliird — To hire buildings or rooms for the use of the board. 53 Fourth — To hire buildings or rooms for the use of schools. Fifth — To employ teachers and fix the amount of their compen- sation. Sixth — To prescribe the school books to be used, and the studies in the different schools. Seventh — To lay off and divide the city into school districts, and from time to time alter the same and create new ones, as cir- cumstances may require, and generally to have and possess all the rights, powers and authority required for the proper management of schools, with power to enact such ordinances, as may be deemed nec- essary and expedient for such purpose. Eighth — To expel any pupil who may be guilty of gross disobedi- ence or misconduct. Ninth — To dismiss and remove any teacher whenever, in their opinion, he or she is not qualified to teach, or whenever, from any cause, the interests of the school may, in their opinion, require such removal or dismission. Tenth — To apportion the scholars to the several schools. Eleventh— To lease school property, and to loan moneys belonging to the school fund. § 28. It shall be the duty of such board of education — First — To take the entire superintendence and control of the schools in such cities. Second — To examine all persons offering themselves as candidates for teachers, and when found well qualified to give them certificates gratuitously. Third — To visit all the public schools as often as once a month. Fourth — To establish all such by-laws, rules and regulations for the government and for the establishment and maintenance of a proper and uniform system of discipline in the several schools as may, in their opinion, be necessary. Fifth — To determine from time to time how many and what class of teachers may be employed in each of the public schools, and em- ploy such teachers and fix their compensation. Sixth — To take charge of the school houses, furniture, grounds and other property belonging to the school districts, and see that the same are kept in good condition and not suffered to be unnecessarily injured or deteriorated. Seventh — To provide fuel and such other necessaries for the schools as, in their opinion, may be required in the school houses, or other property belonging to the said districts. Eighth — To inquire into the progress of scholars and the govern- ment of the schools. 54 Ninth — To prescribe the method and course of discipline and in- struction in the respective schools, and to see that they are main- tained and pursued in the proper manner. Tenth — To prescribe what studies shall be taught, and what books and apparatus shall be used. Eleventh — To report to the city council, from time to time, any suggestions they may deem expedient or requisite in relation to the schools and the school fund, or the management thereof, and gener- ally to recommend the establishment of new schools and districts. Twelfth — To prepare and publish an annual report, which shall in- clude the receipts and expenditures of each school, specifying the source of such receipts and the object of such expenditures. Thirteenth — To communicate to the city council, from time to time, such information within their possession as may be required. § 24. None of the powers herein conferred upon the board of ed- ucation of such cities shall be exercised by them except at a regular meeting of such board. § 25. All conveyances of real estate shall be made to, and the title of all such as shall be acquired by condemnation shall rest in the city in trust for the use of the schools, and no sale of real estate or in- terest therein used for school purposes or held in trust for schools shall be made, except by the city council upon the written request of such board of education. [As amended by act approved April 22, 1899.] § 26. All moneys raised by taxation for school purposes or re- ceived from the State common school fund, or from any other source for school purposes, shall be held by the city treasurer as a special fund for school purposes, subject to the order of the board of educa- tion, upon warrants to be countersigned by the mayor and city comptroller, if there shall be any city comptroller appointed, if not then by the city clerk. [As amended by an act approved April 22, 1S99.] § 27. Said board of education shall not add to the expenditures for school purposes anything over and above the amount that shall be received from the State common school fund, the rental of school lands or property, and the amount annually appropriated for such purposes. If said board shall so add to such expenditure the city shall not, in any case, be liable therefor. And nothing herein con- tained shall be construed so as to authorize any such board of educa- tion to levy or collect any tax upon the demand, or under the direc- tion of such board of education. § 28. All schools in such cities shall be governed as hereinbefore stated, and no power given to the board of education shall be exer- cised by the city council of such city. § 29.* Boards of education in all cities having but one board ex- ercising jurisdiction over the schools of the district of which said city *This section, 29. was added to article VI by an act approved April 24, 1899, in force July 1.1899; and all acts and parts of acts in conflict with section 29 were repealed by section 2 of the same act. 55 may be a whole or part and having a population exceeding thirty- thousand and not exceeding one hundred thousand inhabitants as shown by the last preceding federal or school census, shall have power to examine all persons ofPering themselves as candidates for teachers, and when found well qualified, to give them certificates. Any such certificate shall be held to authorize the teacher having the same to teach only in the schools of such district, and to entitle such teacher to receive compensation therefor from the public school fund. The examination herein provided for shall in every case extend to and include all the branches enumerated in the examination now, or which shall be hereafter required by general law to be given by county superintendents, and shall not be construed so as to dispense with the teaching in the public schools of this State of any study which is now or may hereafter be prescribed by general law. Every appli- cant for a teacher's certificate shall pay to the board of education the fees which may be required to be paid to the county superintendents by general law, and the said board shall transmit the same monthly to said county superintendents. Article VII. TEACHERS. § 1. Age and qualifications; graduates of county normal schools. ? 2. State certificates. § 3. First and second grade certificates; subjects for examination; renewal and revocation; form of certificate. § 4. Record by county superintendent. § 5. Must have a certificate. g 6. Subjects to be taught. g 7. Examinations by county superintend- ent. g 8. Fee to be charged. g 9. Moneys thus received paid to county treasurer, g 10. Annual institute. g 11. No deduction of wages when attending institutes held on school days. g 12. Responsible for the property of the district. g 13. Must keep registers; form of register. g 14. Schedules.or statements of attendance to be made; form of schedule. g 15. Schedules to be delivered to directors; certificate of directors. g 16. Teacher's wages payable monthly; un- paid orders to draw interest. g 17. School month; holidays. Section 1. No teacher shall be authorized to teach a common school under the provisions of this act who is not of good moral char- acter, at least eighteen years of age, if a male, or seventeen years of age, if a female, and who does not possess a certificate of qualifica- tions as hereinafter provided for: Provided, that in any county in which a county normal school is established, under the control of a county board of education, the diplomas of graduates in said normal school shall, when directed by said board, be taken by the county superintendent as sufficient evidence of qualification to entitle the holder to a first grade certificate; but such diplomas shall not be suf- ficient after two years from such graduation. 56 § 2. The State Superintendent of Public Instruction is hereby authorized to grant State certificates to such teachers as may be found worthy to receive them; such certificates shall be of two grades, and both shall be valid in every county and school district in the State. The higher grade shall be valid during the lifetime of the holder, and the lower grade shall be valid for five years. But State certificates shall only be granted upon public examination, of which due notice shall be given, in such branches and upon such terms and by such examiners as the State Superintendent and the principals of the State universities may prescribe. Said certificates may be revoked by the State Superintendent upon proof of immoral or unprofes- sional conduct. [As amended by an act approved April 28, 1898.] § 3. It shall be the duty of the county superintendent to grant certificates to such persons as may, upon due examination, be found qualified. Said certificates shall be of two grades; those of the first grade shall be valid in the county for two years, and shall certify that the person to whom such certificate is given is of good moral character, and is qualified to teach orthography, reading in English, penmanship, arithmetic, English grammar, modern geography, the elements of the natural sciences, the history of the United States, physiology and the laws of health. Certificates of the second grade shall be valid for one year, and shall certify that the person to whom such certificate is given, is of good moral character, and is qualified to teach orthography, reading in English, penmanship, arithmetic, English grammar, modern geography, and the history of the United States:* Provided, that teachers exclusively teaching music, draw- ing, penmanship, book-keeping, German or any other special study shall not be required to be examined except in reference to such special study; and in such cases it shall not be lawful to employ such teachers to teach any branch of study except such as they have been examined upon and which shall be stated in the certificates. The county superintendent may, in his option, renew said certificates at their expiration by his endorsement thereon, and may revoke the same at any time for immorality, incompetency, or other just cause. Said certificates may be in the following form, viz. : , Illinois, , A. D. , The undersigned, havine- examined in orthography, reading in English, penmanship, arithmetic, English grammar, modern geography, the history of the United States, and methods of teaching, and being satisfied that is of good moral character, hereby certifies that qualifications in the above branches are such as to entitle to this certificate, being of the grade, and valid in said county for year from the date hereof, renewable at the option of the county superintendent by his endorsement thereon. G-iven under my hand and seal at the date aforesaid. A. B., County Superintendent of Schools. [As amended by an act approved June 21, 1895.] § 4. Each county superintendent shall also keep a record, in a book provided for that purpose, of all teachers to whom he grants certificates. Said record shall show the date and grade of each cer- * See act requiring and regulating the study of physiology and hygiene, approved June 9. 1897. 57 tificate and all renewals granted, and the name, age and nativity of each teacher; and shall give the names of male and female teachers separately. Said record may be as follows, viz.: Name. Agre. Nativity Date. Grade. Experience. Graduated. C'has. Thompson. 25 Illinois .. Mar. 1, 1888 1 Has taught 5 years State Normal University § 5. No teacher shall be entitled to any portion of the common school or township fund, or other public fund, or be employed to teach any school under the provisions of this act, who shall not, at the time he enters upon his duties as such teacher, have a certificate of qualification obtained under the provisions of this act from the superintendent of the State, or the county superintendent of the county in which the school is located, entitling him to teach. [As amended by act approved June 19, 1893.] § 6. Every school established under the provisions of this act shall be for instruction in the branches of education prescribed in the qualifications for teachers, and in such other branches, including vocal music and drawing, as the directors, or the voters of the dis- trict at the annual election of directors may prescribe. § 7. It shall be the duty of the county superintendent to hold meetings, at least quarterly, and oftener, if necessary, for the exam- ination of teachers, on such days and in such places in the respective counties, as will, in their opinion, accommodate the greatest number of persons desiring snch examination. Notice of such meetings shall be published a sufficient length of time, in at least one newspaper of general circulation, the expense of such publication to be paid out of the school fund. § 8, The county superintendent shall in all cases require the pay- ment of a fee of one dollar from every applicant for examination for a teacher's certificate, and for each renewal of such a certificate he shall require the payment of a fee of one dollar. § 9. All moneys so received from applicants for teachers' certifi- cates, and from the registration fees hereinafter provided for, the said county superintendent shall transmit monthly to the county treasurer, to be by him held and designated as the institute fund, and with such fund the county superintendent shall give the treasurer a list of the names of the persons paying such fees. Said fund shall be paid out by the county treasurer only upon the order of the county superintendent, and only to defray the expenses of the teachers' in- stitutes, which the county superintendent is, by the following sec- tions, authorized to hold. The county superintendent shall take vouchers for all payments made out of the institute fund, and he shall render an account of such disbursements, with vouchers for the same, to the county board at their regular meeting in September annually. 58 § 10, The county superintendent shall hold, annually, a teachers' institute, continuing in session not less than five days, for the in- struction of teachers and those who may desire to teach; and, with the concurrence of the State Superintendent of Public Instruction, procure such assistance as may be necessary to conduct said institute at such time as the schools of the county are generally closed: Pro- vided, that two or more adjoining counties may hold an institute together. At every such institute instruction shall be free to such as hold certificates good in the county (or counties where two or more join to hold an institute) in which the institute is held; but the county superintendent shall require all others attending to pay him a registration fee of one dollar, except those who have paid him an examination fee as required by section 8 of this article, and failed to receive a certificate. § 11. The time not exceeding three days in any one term, or five days in any one school year, during term time, actually spent by a teacher of any public school in this State in attendance upon a teachers' institute, held under the direction of the county superin- tendent of schools, shall be considered time lawfully expended by such teacher in the service of the district where such teacher is em- ployed, and no deduction of wages shall be made for such absences. And it shall be the duty of the school officers and boards of educa- tion to allow teachers to close their schools for such attendance upon such institute. § 12. It shall be the duty of every teacher employed in the public schools of the State to see that the school property of the district, placed under his care and control, is not unnecessarily damaged or destroyed. And no teacher shall be paid any part of the school funds, unless he shall have kept and furnished schedules (when re- quired by law) as hereinafter directed, and shall also have satisfac- torily accounted for all books, apparatus and other property belong- ing to the district, which he may have taken in charge. § 13. Teachers shall keep correct daily registers of their schools, which shall exhibit the name, age, and attendance of each pupil, the day of the week, the month and the year. Said registers shall be as nearly, as may be, in the following form, the absence of each scholar being signified by a mark, the presence by a blank, viz. : Register of a common school kept by A. B,, at in district No in township No range of the principal meridian, in the county of in the State of Illinois. 59 Names And Ages op Scholars Attend- ing School. 00 00 k o p & p » a » •< en s 00 a a. •< ?» a d in & B (t) P c p ■0 00 C! &. P fi p (3 00 & p en P a e p QO ?^ k o p CL P '< e-i p o p i 00 H d ct> m n- p ^ P B d p s •< QO 00 UO ^ & B CD CO O. P "< p B d p ►1 "1 1 00 B- •-t & P P e c p CO ►5 a, p • p B d p 11 '< ^s 05 1 00 § o B CL p ■^ P B d to d CD a. p B d p << io o (D s CO p B d P If =<) CO QO d CL P (t c ■1 d p «<) I-* 00 88 •5 p ^ en a- "1 d p •< to oo ?^ o a p ■? *^ cc 1 d p •1 >< 00 88 d CB p o- d i UO a. a CD CO p CD cr l-S d p •J cr d I-! CO & P ^ CD d ■"I 00 i 00 »5 1-i a p CD c d p CO 1^ o p o H3- GO o l-b. CD d- cs p* Names. Ages. 10 13 16 18 1 i i 1 i i 1 1 i 1 'i i .. 'i i 1 i 1!> 11 Sarah Danforth 20 18. Grand total No. of days 64 Males. Females Total." 2 2 4 Average daily attendance 3.2 Said register shall be furnished to the teachers by the school di- rectors, and each teacher shall, at the end of his term of school, return his register to the clerk of the school board of the district. And no teacher shall be paid any part of the public funds unless he shall have accurately kept and returned the register as aforesaid. § 14. In all districts controlled by a board of directors, teachers- shall make schedules of the names of all scholars under twenty-one (21) years of age attending school, in the form prescribed by this act, and when scholars reside in two (2) or more districts, townships or counties, separate schedules shall be kept for each district, town- ship or county. Boards of education may require teachers under their control to make schedules as herein directed, or to make state- ments certifying the number of days' attendance for each month, as shown by their registers, which statements shall be certified to by the board of education, and be subject to the same requirements con- cerning payment of teachers' salary and filing as those made by this- act concerning schedules. The schedules to be made and returned by the teacher shall be, as near as circumstances will permit, in the following form, viz.: Schedule of commmon school kept by at , in district No , township No , range No of the principal meridian, in the county of in the State of Illinois. Names and ages of scholars residing in district No in township No north, range west, county,. who have attended in my school during the time beginning the day of ., 18 , and ending the day of ,18 during which time the school was in session school days. 60 Name. John Smith Isaac Meisler Sarah Danforth. Mary Newman.. Grand total number of days' attendance. Days Attended. 64 Males. Females. Total. 2 2 4 Average daily attendance 3 2 And said teacher shall add up the whole number of days' attend- ance of each scholar, and make out the grand total number of days' attendance. He shall also note the whole number of scholars, giving the males and females separately; the average daily attendance, and shall set the age of each pupil opposite the nam© of such pupil, as in the form above prescribed, and shall attach thereto his certificate, which shall be in the following form, viz.: I certify that the foregoing schedule of scholars attending my school as therein named, and residing as specified in said schedule, to the best of my knowledge and belief is correct. A B , Teacher. § 15. When the teacher shall have completed his or her schedule or schedules as provided in the foregoing section, he or she shall de- liver it to some one of the directors, who shall, if requested, give the teacher a receipt for the same. And it shall be the duty of the said director, in connection with at least one other director of the board, to carefully examine such schedule or schedules, and after correcting all errors, if any, if they shall find such schedule to have been kept according to law; they shall certify to the same as near as practicable, in the following form, viz: State of Illinois,") ss. County. We, the undersigned directors of district No , township No. , range No , in the county aforesaid, certify that we have carefully examined the foregoing schedule and find the same to be correct, and that the school was conducted according to law; that the teacher is paid as per contract dollars per ; that the sum of dollars is now due for services for the month ending ; that said teacher has a legal certificate of grade, and that the property of said district in charge of such teacher has been satisfactorily accounted for. Witness our hands this day of , A. D Directors. 61 § 16. Teachers' wages are hereby declared due and payable monthly, and upon certifying to the schedule or statement, as here- inbefore provided for, the directors, or board of education may at once make out and deliver to the teacher an order upon the township treasurer for the amount named in the schedule or statement; which order shall state the rate at which the teacher is paid according to his contract, the limits of the time for which the order pays, and that the directors have duly certified a schedule covering the time specified in such order: Provided, that in case said order shall be presented to the township treasurer and not paid for want of funds, said treasurer shall certify On the back of such order the date of presentation as required by section 18 of article IV of this act, and thereafter such order shall bear interest at the rate of seven per cent per annum until paid, or until the said treasurer shall notify the clerk of the board of directors issuing such order that he has funds with which to pay the same. [As amended by an act approved April 24, 1899.] § 17. The school month shall be the same as the calendar month, but teachers shall not be required to teach upon Saturdays, Sundays, legal holidays, these being New Year's, Fourth of July, Christmas and Thanksgiving, and fast days appointed by the national or state authority; nor shall they be required to make up the time lost by closing school upon such days or upon such special holidays as may be granted the schools by the board of directors. Article VIII. revenue-Taxation. I 8. Certificate of amount due each dis- trict. g 9. Collector to pay township treasurer. § 10. Districts lying in two townships. g H. Penalty for failure to pay. g 12. Blank books and notices. g 13. Failure to file certificate does not viti- ate the assessment. g 1. Power to tax; limitations. g 2. Certificate of tax levy; time of return; form. g 3. Return of certificate to county clerk; map filed. § 4. District in two counties. g 5. Taxes computed by county clerk. g 6. Assessors to designate the district. g 7. County clerk to copy numbers of dis- tricts; taxes to be uniform. § 202.* May levy tax annually for school purposes.] For the purpose of establishing and supporting free schools, for not less than five or more than nine months in each year, and defraying all the expenses of the same of every description; for the purpose of re- pairing and improving school houses, of procuring furniture, fuel, library and apparatus, and all other incidental expenses in each dis- trict, village or city, anything in any special charter notwithstanding. .[*This act is evidently intended to amend section one of article VIII. of the act of 1889. The number. 202. cited in the act, is the number of the paragraph of Chapter 122, Kurd's Revised Statutes.] 62 the directors of such district and the authorities of such village or ■city shall be authorized to levy a tax annually upon all the taxable property of the district, village or city, not to exceed two and one- half per cent for educational and two and one-half per cent for build- ing purposes (except to pay indebtedness contracted previous to the passage of this act) , the valuation to be ascertained by the last assess- ment for State and county taxes. [As amended by an act approved April 12, 1899.] § 202.* For the purpose of establishing and supporting free schools for not less than six nor more than nine months in each year, and defraying all the expenses of the same of every description, for the purpose of repairing and improving school houses, of procuring furniture, fuel, libraries and apparatus, and for all other necessary in- cidental expenses in each district, village or city, anything in any special charter to the contrary notwithstanding, the directors of such district and the authorities of such village or city shall be authorized to levy a tax annually upon all the taxable property of the district, village or city not to exceed two and one-half per cent, for educa- tional and two and one-half per cent, for building purposes (except to pay indebtedness contracted previous to the passage of this act), the valuation to be ascertained by the last assessment for State and county taxes: Provided, that in cities having a population exceeding one hundred thousand inhabitants the board of education may estab- lish and maintain vacation schools and play grounds under such rules as it shall prescribe. And, provided further, that nothing herein contained shall be held to repeal or modify the limitations contained in section forty-nine (49) of an act entitled, "An act for the assessment of property and providing the means therefor, and to repeal a certain act therein named," approved February 25, 1898. [As amended by an act ap- proved April 21, 1899.] § 2. The directors of each district shall ascertain, as near as prac- ticable, annually, how much money must be raised by special tax for school purposes during the ensuing year, which amount shall be cer- tified and returned to the township treasurer on or before the first Tuesday in August, annually. The certificate of the directors may be in the following form, viz. : We hereby certify that we require the sum of dollars, to be levied as a special tax for school purposes, and dollars for build- ing: purposes, on the taxable property of our district, for the year A. D., Given under our hands this day of A. D A. B., ] Directors district No township CD., E. F., - No range No county of State of Illinois. [*This act is evidently intended to amend section one of article VIII, of the act of 1889. The number, 202, cited in the act, is the number of the paragraph of chapter 122, Hurd's Re- vised Statutes.] 63 § 3. It shall be the duty of the township treasurer to return the certificate mentioned in the foregoing section to the county clerk, on or before the second Monday of August, and whenever the bounda- ries of the districts of the townships shall have been changed, the township treasurer shall return to the county clerk, with the certifi- cates, a map of the township, showing such changes, and certified as required by the provisions of this act. § 4, When a district lies partly in two or more counties, the di- rectors thereof shall ascertain as nearly as practicable the amount to be raised by special tax for school purposes, and shall prepare one certificate thereof for each county in which such district may lie, and deliver all of the said certificates to the township treasurer, who re- ceives the tax money of such district, who shall return one each of such certificates to the county clerk of such county within which such district shall lie. On the first Monday of October, or as soon there- after as may be practicable, annually, the county clerk of each of such counties shall ascertain the total equalized valuation of all the taxable property in that part of such district as shall lie in his county, and certify the amount thereof to the county clerk of each of the other counties in which such district may lie; and from the aggre- gate of such equalized valaation and from the certificate of the amount so required to be levied, such clerk shall ascertain the rate per cent, required to produce in such district the amount of such levy, and at that rate shall extend the special tax to be levied for school purposes in that part of such district lying in their respective coun- ties. [As amended by an act approved June 17, 1891. J § 5. According to the amount certified, as aforesaid, the county clerk, when making out the tax books for the collector, shall compute each taxable person's tax, in said district, upon the total amount of taxable property, as equalized by the State Board of Equalization for that year, lying and being in said district, whether belonging to resi- dents or non-residents, and also each and every tract of land assessed by the assessor, which lies, or the largest part of which lies, in said district. The said county clerk shall cause each person's tax, so computed, to be set upon the tax book to be delivered to the collector for that year, in a separate column, against each taxpayer's name or parcel of taxable property, as it appears in said collector's books, to be collected in the same manner and at the same time and by the same person as State and county taxes are collected. § 6. It shall be the duty of assessors, when making assessments of personal property, to designate the number of the school district in which such person so assessed resides; which designation shall be made by writing the number of such district opposite each person's assessment of personal property, in a column provided for that pur- pose, in the assessment roll returned by the assessor to the county clerk. § 7. It shall be the duty of the county clerk to copy said num- bers of school districts, so returned by the assessor, in the collector's book and to extend the school tax on each person's assess- ment of personal property, according to the rate required by the 64 amount designated by the directors of the school district in which such person resides. The computations of each person's tax and the levy made by the clerk, as aforesaid, shall be final and conclusive: Provided, the rate shall be uniform and shall not exceed that re- quired by the amount certified by the board of directors. § 8. The county clerk before delivering the tax book to the col- lector, shall make out and send by mail, to each township treasurer in the county, a certificate of the amount due each district or fraction of a district in his township, of said taxes so levied and placed upon the tax books. § 9. On or before the first day of April next, after the delivery of the tax books containing the computation and levy of the said taxes, or so soon thereafter as the township treasurer shall present the said certificate of the amount of the said tax, and make a demand therefor, the said collector shall pay to said township treasurer the full amount of said tax so certified by the county clerk, or in case any part thereof remains uncollected, said collector shall, in addition to the amount collected, deliver to said township treasurer a state- ment of the uncollected taxes for each district of said township, taking of the township treasurer his receipt therefor, which receipt shall be evidence as well in favor of the collector as against the town- ship treasurer. The said treasurer shall enter the amount collected in his books under the proper heads and pay the same out as pro- vided for by this act. § 10. When a district is composed of parts of two or more town- ships, the directors shall determine and inform the collectors of said township, and the collector or collectors of the county or counties in which said townships lie, in writing, under their hands as directors, which of the treasurers of the townships, from which their districl; is formed, shall demand and receive the tax money collected by the said collectors as aforesaid. § 11. If any collector shall fail to pay the amount of said tax, or any part thereof, as required by the provisions of section nine (9) of this article, of this act, it shall be competent for the township treas- urer, or other authorized person, to proceed against said collector and his securities in an action of debt upon his official bond in any court of competent jurisdiction. And the said collector so in default shall pay 12 per centum upon the amount due, to be assessed as damages, which shall be included in the judgment rendered against him: Provided, no collector shall be liable for such part of said tax as he shall be able to make appear he could not have collected by law, until he has collected or may be able to so collect such amount. § 12. It is hereby made the duty of the proper officers in prepar- ing blank books and notices for the use of assessors to provide columns and blanks for the use of assessors, so that they may desig- nate the number of the school district, as provided for in section six (6) of this act. § 13. A failure by the directors to file their certificates, or of the township treasurer to return the same to the county clerk in the time 65 required by this act, shall not vitiate the assessment, but the same shall be as legal and valid as if completed in the time required by law. Article IX. BONDS. g 5. Judges. § 6. Poll book returned ; penalty for failure to return poll book. § 7. Eefunding: school district bonds. g 1. Vote necessary to borrow money; limit of the sum borrowed. ? 2. Registry of bonds. i 3. Money paid into school treasury of township; cancellation of bonds. 2 4. Election for borrowing money; form of notice. Section 1. For the purpose of building school houses or pur- chasing school sites, or for repairing and improving the same, the directors of any school district, when authorized by a majority of all the votes cast at an election called for that purpose, may borrow money, issuing bonds signed by not less than two members of said board of directors, in sums of not less than $100, and bearing interest at a rate not exceeding 7 per centum per annum: Provided, that the sum borrowed in any one year shall not exceed 5 per cent (including existing indebtedness) of the taxable property of the district to be ascertained by the last assessment for State and county taxes previous to the incurring of such indebtedness. [As amended by an act approved April 24 , 1899. J § 2. All bonds authorized to be issued by virtue of the foregoing section before being so issued, negotiated and sold, shall be regis- tered, numbered and countersigned by the school treasurer of the township wherein the school house of such district is, or is to be located. Such register shall be made in a "bond register" book to be kept for that purpose; and in this register shall first be entered the record of the election authorizing the directors to borrow money, and then a description of the bonds issued by virtue of such authority as to number, date, to whom issued, amount, rate of interest and when due. § 3. All moneys borrowed under the authority granted by this article of this act, shall be paid into the school treasury of the town- ship wherein the bonds issued therefor are required to be registered; and, upon receiving such moneys, the treasurer shall deliver the bond or bonds. issued therefor to the parties entitled to receive the same; and shall credit the funds received to the district issuing the bonds. The treasurer of said township shall enter in the said "bond register" the exact amount received for each and every bond issued. And when any such bonds are paid, the said township treasurer shall cancel the same and shall enter in the said "bond register," against the record of such bonds, the words "paid and cancelled the day of , A. D " filling the blanks with the day, month and year corresponding with the date of such payment. — 5S. 66 § 4. Whenever it is desired to hold an election for the purpose of borrowing money, as provided for in this article of this act, the di- rectors of the district in which such election is to be held, shall give at least ten days' notice of the holding of such election, by posting notices in at least three of the most public places in such district. Such notices shall specify the place where such election is to be held, the time of opening and closing the polls, and the question or prop- osition to be voted upon, which notice may be substantially in the following form, viz.: NOTICE OF ELECTION. Public notice is hereby given that on day of A. D an election will be held at school district No , in township No , rang^e No of the principal meridian in county, Illinois, for the purpose of voting "For" or "Aga'nst" the proposition to issue the bonds of said school district No to the amount of dollars due (here insert the times of payment, giving the amount falling due in each year, if the bonds mature at different dates), which bonds are to bear interest at the rate of — per cent per annum, payable annually. The polls of said election will be opened at — o'clock — M., and will re- main open until o'clock — M. Dated this day of , A. D. . . . A. B., C. D., E. F., Directors. § 5. At such election two of the directors of such district shall act as judges and one of said directors shall act as clerk. In case either or any of said directors shall fail, from any cause, to be pres- ent or to act at such election, at the time of opening the polls thereof, the legal voters assembled shall choose, from their number, persons to act as such two judges, and a clerk of said election. The said judges and the said clerk shall take and subscribe the oath required of judges and clerks of an election held for State or county officers, and such oath may be administered in the same manner as is or may be provided by law for administering the oath to judges and clerks at a State or county election. At such election all votes shall be by ballot. In districts which have adopted the provisions of "An act regulating the holding of elections, and declaring the result thereof in cities, villages and incorporated towns in this State " approved June 19, 1885, the said election shall be held under the provisions of said act, § 6. Within ten days after every such election, the judges shall cause the poll-book to be returned to the township treasurer, who is required to register such bonds, with a certificate thereon showing the result of such election, which poll-book shall be filed and safely kept by the said township treasurer, and shall be evidence of such election For a failure to return such poll-book to such treasurer within the time prescribed, the judges of said election shall severally be liable to a penalty of not less than twenty-five (25) dollars nor more than one hundred (100) dollars, to be recovered in a suit in the 67 name of the People of the State of Illinois, before any justice of the peace, and, when collected, shall be added to the township school fund of the township in which said treasurer resides. § 7. In all cases where any school district has heretofore issued ■or may hereafter issue bonds, or other evidences of indebtedness, for money on account of any public school building or other public im- provement, or for any other purposes which are now binding and subsisting legal obligations against said school district, and remain- ing outstanding, and which are properly authorized by law, the proper authorities of such school district may, upon the surrender of any such bonds or other evidences of indebtedness, or any num- ber thereof, issue in place or in lieu thereof, or to take up the same, to the holders or owners of the same, or to other persons for money with which to take up the same, new bonds or other evidences of in- debtedness, in such form, for such amount, upon such time, not ex- <}eeding the term of twenty years, and drawing such rate of interest not exceeding seven per centum per annum, as may be determined upon; and such new bonds or other evidences of indebtedness so issued shall show, on their face, that they are issued under this act: Provided, that the issue of such new bonds in lieu of such indebted- ness shall first be authorized by a vote of the legal voters of such ■school district voting at an election called and conducted as other elections provided for by this article of this act: And, provided Jurther, that such bonds or other evidences of indebtedness shall not be issued so as to increase the aggregate indebtedness of such school district beyond five per centum on the value of the taxable property therein, to be ascertained by the last assessment for State and county taxes prior to the issuing of such bonds or other evidences of indebt- edness. [As amended by an act approved April 24, 1899.] Article X. COUNTY CLERK. ? 1. To furnish to county superintendent a list of trustees elected. g 2. To file papers relating to changes in district boundaries; penalty for£f ail- ing to do so. g 3. To furnish certificate of equalized value of taxable property in case of district in two counties. ■l L To furnish certificate of equalized value of taxable property to any dis- trict. § 5. To compute tax; to copy the numbers of districts; to extend tax and to send certificate of amount due each district, etc, ? 6. To certify to bills of county superin- tendents, and to transmit them to State Auditor. ?, 7. To record land sales reported by county superintendent. Section 1. In all cases where, by any provision of laws, the Teturns of any election for school trustees are made to the county clerk of any county, it shall be the duty of the county clerk, within |en days after such returns have been made to him as aforesaid, to 68 ■> furnish to the county superintendent of schools a list of all such trustees so returned to him, and the township from which the sam& have been so returned. § 2. Whenever any change shall be made in the boundaries of any school district, and a written statement or record of such change- shall be delivered to the county clerk of such county, it shall be the duty of said county clerk to file such statement or record and all papers relating thereto and duly record the same in the records of his office; and in case of a neglect or failure so to do the said county clerk shall be liable to a penalty of twenty-five (25) dollars, to be- recovered by an action of debt before any justice of the peace, at the suit of the county superintendent, for the benefit of the school fund of the said county. § 8. Whenever any school district lies partly in two or more counties, it shall be the duty of the county clerk of each county in which any part of such district lies to furnish, upon request, to the directors of such district a certificate showing the last ascertained equalized value of the taxable property in that part of such district lying in such county. § 4. It shall be the duty of the county clerk to furnish to the di- rectors of any school district, or to the board of education in dis- tricts having a board of education, upon request, a certificate show- ing the last ascertained equalized value of the taxable property of such district, as the same appears of record in his office. § 5. It shall be the duty of the county clerk, when making out the tax books for the collector, to compute each taxable person's tax in each school district, upon the total amount of taxable property, as equalized by the State Board of Equalization for that year, lying- and being in such district, whether belonging to residents or non- residents, and also each and every tract of land assessed by the as- sessor which lies, or the largest part of which lies, in such district. Such computation shall be made so as to realize the amount of money required to be raised in such district, as shown and set forth in the certificate of tax levy, made out by the directors of such dis- trict, and filed with the township treasurer, as required by the pro- visions of this act. The said county clerk shall cause each person's tax, so computed, to be set upon the tax book to be delivered to the collector for that year, in a separate column against each tax payer's name, or parcel of taxable property, as it appears in said collector's books, to be collected in the same manner, and at the same time, and by the same person, as State and county taxes are collected. In making up the tax books to be delivered to the collectors of taxes, the county clerk shall copy into such tax books the number of the school district set opposite to each person's assessment of personal property, by the assessor making the assessment of such person, and to extend the school tax on each person's assessment of personal property, according to the rate required by the amount designated by the directors of the school district in which such person resides, as shown by said certificate of tax levy. The computation of each person's tax and the levy made by the clerk, as aforesaid, shall ba^ 69 final and conclusive: Provided, that the rate shall be uniform, and shall not exceed that required by the amount certified by the board of directors. The said county clerk, before delivering the tax book to the collector, shall make out and send by mail to each township treasurer of the county a certificate of the amount due each district or fraction of a district, in his township, of said tax so levied and placed upon the tax books. § 6, Whenever the county board of any county shall have audited the itemized bills of the county superintendents of schools or their assistants, as required by the provisions of this act, it shall be the duty of the county clerk of such county to certify to such act, and transmit the said bills to the Auditor of Public Accounts, who shall, upon the receipt of them, remit, in payment thereof to each superin- tendent, his warrant upon the State Treasurer for the amount certi- fied to be due him; and the Auditor, in making his warrant to any <50unty for the amount due from the State school fund, shall deduct from it the several amounts for which warrants have been issued to the county superintendent of said county since the next preceding apportionment of the State school fund. § 7. The county clerk of each county shall preserve and record in a well-bound book to be kept for that purpose, the report of the county superintendent, made to the county board at the first regular term of such board in each year, relating to the sale of school lands, the amount of money received, paid, loaned out and on hand, be- longing to each township fund in his control, and the statement copied from the loan book of such county superintendent, showing all the facts in regard to loans, which are required to be stated on the loan book. Article XI. COUNTY BOARD. g 1. Powers of the county board defined. [ I 3. Statement of land sales by the coun I boSird ? 2, Duties of the county board defined. I Section 1. The county board of each county of this State shall have power — First — To approve the bond of the county superintendent of schools. Second — To increase the penalty of the bond of the county super- intendent of schools beyond twelve thousand (12,000) dollars if, in the discretion of said county board, such bond should be so in- creased. Third — To remove the county superintendent of schools from of- fice for any palpable violation of law or omission of duty. Fourth — To require the county superintendent of schools, after notice given, to execute a new bond, conditioned and approved as the 70 first bond, whenever in the discretion of the county board such new bond is necessary: Provided, however, that the execution of such new bond shall not aJBPect the old bond or the liability of the security thereof. Fifth — To require the county superintendent of schools to make the reports of such board provided for by law, and to remove him from office in case of neglect or refusal so to do. Sixth — In counties having not more than one hundred (100) schools, the board may limit the time of the superintendent of schools: Provided, that in the counties having not more than fifty (50) schools the limit of time shall not be less than one hundred and fifty (150) days a year; in counties having from fifty-one (51) to seventy-five (75) schools, not less than two hundred (200) days a year; and in counties having from seventy-six (76) to one hundred (100) schools, not less than two hundred and fifty (250) days. Seventh — Said county board shall authorize the county superin- tendent of schools to employ such assistants as he needs for the full discharge of his duties, and said county board shall fix the compen- sation to be paid therefor, which compensation shall be paid out of the county treasury. § 2. It shall be the duty of the county board of each county of this State — First — To provide for the county superintendent of schools a suit- able office with necessary furniture and office supplies, as is done in the case of other county officers. Second— l^hen the office of county superintendent of schools shall become vacant by death, resignation, removal or otherwise, to fill the same by appointment. And the person so appointed shall hold his office until the next election of county officers, at which election the said board shall order the election of a successor. Third — To examine and approve or reject the report of the county superintendent of schools made to such board, and the notes and se- curities taken by such superintendent for school funds. Fourth — At the regular meeting in September, and as near quar- terly thereafter as such board may have regular or special meetings, to audit the itemized bills of the county superintendent, and of his assistants, for their per diem compensation and expenses allowed by law for visiting schools. § 3. At the first regular term of the county board, in each year, the county superintendent shall present to the county board of his county — First — A statement showing the sales of school lands made subse- quent to the first regular term of the previous year, which shall be a. true copy of the sale book (book B^ , Second — Statements of the amount of money received, paid, loaned out and in hand, belonging to each township or fund under his con- trol, the statement of each fund to be separate. 71 Third — Statements copied from his loan book (book C) , showing all the facts in regard to loans which are required to be stated on the loan book. All of which the county board shall thereupon examine and com- pare with the vouchers, and the said county board, or so many of them as may be present at the meeting of the board, shall be liable individually to the fund injured and to the securities of the county superintendent, in case judgment be recovered of the said securities, for all damages occasioned by a neglect of the duties, or any of them, required of said board by this section: Provided, nothing herein contained shall be construed to exempt the securities, of said county superintendent from any liability as such securities, but they shall still be liable to the fund injured the same as if the members of the county board were not liable to them for neglect of their duty. Article XII. SCHOOL FUND. ? 1. To consist of a two-mill tax: interest of school fund proper and of surplus revenue. § 2. State to pay interest. § 3. Dividend to counties made by State Auditor. § 4. Warrants issued by the State Auditor, and received from the collectors by State Treasurer. 2 5. County superintendent to proceed against collector on his refusal to pay. § 6. Proceeds of the sale of sixteenth sec- tion, etc.. constitute principal of township fund, etc.: interest distrib- uted. § 7. Moneys paid out upon orders. g 8. Form of orders; filing of orders. g 9. Union districts : receipts to be taken. § 10. Loans in districts under a special charter. Section 1. The common school fund of this State shall consist of the proceeds of a two-mill tax to be levied upon each dollar's val- uation of the property in the State, annually, until otherwise pro- vided by law; the interest on what is known as the school fund proper, being three per cent upon the proceeds of the sales of the public lands in the State, one-sixth part excepted, and the interest on what is known as the surplus revenue, distributed by act of congress and made a part of the common school fund by act of the Legislature, March 4, 1837., § 2. The State shall pay the interest mentioned in the preceding section at the rate of six per cent per annum, annually, to be paid into, and become a part of, said school fund, § 8. On the first Monday in January in each and every year next after taking the census of the State, by federal or State authority, the Auditor of Public Accounts shall ascertain the number of children in each county in the State, under twenty-one years of age, and shall thereupon make a dividend to each county of the sum from the tax levied and collected under the provisions of the first section of this article of this act, and of the interest due on the school fund proper 72 and surplus revenue, in proportion to the number of children in each county under the age aforesaid, and issue his warrants to the super- intendent of schools of each county upon the collector thereof. Upon presentation of said warrant by the county superintendent to the collector of his county, said collector or the treasurer shall pay over to the county superintendent the amount of said warrant out of the first funds which may be collected by him and not otherwise ap- propriated by law, taking said superintendent's receipt therefor. § 4. The said warrants issued by the Auditor of Public Accounts for the school fund tax, and for the interest of the school fund proper and surplus revenue, shall be received by the State Treasurer in pay- ment of amounts due the State from county collectors; and on pre- sentation by the State Treasurer of said warrants to said Auditor, he shall issue his warrant to said treasurer on the school fund, for the amount of the school fund tax warrants, and on the revenue fund for the amount of the warrants for interest on the school fund proper and surplus revenue. Dividends shall be made as aforesaid, accord- ing to the proportions ascertained to be due to each county annually, thereafter, until another census shall have been taken, and then dividends shall be made and continued as aforesaid, according to the last census. § 5. If any collector shall fail or refuse to pay the amount of the aforesaid Auditor's warrant, or any part thereof, by the first day of March, annually, or as soon thereafter as it may be presented, it shall be competent for the county superintendent to proceed against said collector and his securities in an action for debt, in any court having competent jurisdiction, and the said collector shall pay interest at the rate of twelve per centum per annum, to be assessed as damages upon the amount due, and which interest shall be included in the judgment obtained against him: Provided, that if it satisfactorily appears to the court that on said first day of March, or on the day of presentation for payment thereafter, that said collector had not, as yet, collected funds sufiicient to pay said warrant, said interest stall not be allowed upon said warrant. § 6. All bonds, notes, mortgages, moneys and effects which have heretofore accrued or may hereafter accrue from the sale of the six- teenth section of the common school lands of any township or county, or from the sale of any real estate or other property taken on any judgment or for any debt due to the principal of any township or county fund, and all other funds of every description which have been or may hereafter be carried to and made part of the principal of any township or county fund, by any law which has heretofore been, is now or may hereafter be enacted, are hereby declared to be and shall forever constitute the principal of the township or county fund, respectively; and no part thereof shall ever be distributed or expended for any purpose whatever, but the same shall be loaned out and held to use, rent or profit, as provided by law. But the interest, rents, issues and profits, arising and accruing from the principal of said township or county fund, shall be distributed in the manner and at the times as provided by this act; nor shall any part of such inter- est, rents, issues and profits be carried to the principal of the respect- 73 ive funds, except it appear on the first Monday in October in any year, that there is rent, interest or other funds on hand which are not required for distribution, such amount not required, as aforesaid, may, if the board of trustees see proper, forever be considered as principal in the funds to which it belongs, and loaned as such. § 7. School funds collected from special taxes, levied by order of school directors, or from the sale of property belonging to any dis- trict, shall be paid out only on the order of the proper board of directors; and all other moneys or school funds liable to distribu- tion, paid into the township treasury, or coming into the hands of the township treasurer, shall, after said funds have been apportioned by the township trustees, as required in section 26 of article III of this act, be paid out only on the order of the proper board of directors, signed by the president and clerk of said board, or by a majority of said board. For all payments made, receipts shall be taken and filed by said board of directors. .§8. In all such orders shall be stated the purpose for which or on what account drawn. Said orders may be in the following form, viz.: The treasurer of township No range No in county, will pay to or order dollars and cents (on his con- tract for repairing school house, or whatever the case may be.) By order of the board of directors of school district No in said town- ship. A. B. President. C. D. Cleric. Which order, together with the receipt of the person to whom paid, shall be filed in the office of the township treasurer: Provided, that when an order is paid in full, such order, if properly endorsed by the person in whose favor it was drawn, and his assigns, if any, shall be a sufficient receipt for the purposes of this section. § 9. When a district is composed of parts of two or more town- ships, the township treasurer or treasurers who do not receive the tax money of said district, shall, when they hold any funds belonging to said district, notify the directors thereof of the amount of such funds, and the directors shall thereupon give the treasurer who receives the tax money of said district an order for such funds, and upon receipt thereof he shall hold them, to be paid out as aforesaid. § 10. In all cases where school funds are held by any person or persons in an official capacity, by virtue of any special charter de- fining the manner of loaning the same, such moneys may be loaned upon the same terms and conditions as are provided by this act, or may hereafter be provided, by the school laws of this State, for loan- ing the school funds of counties or townships, 74 Aeticle XIII. SCHOOL LANDS. 1. Section sixteen. ? 2. Business relating to school lands; where transacted. g 3. Renting and sale of school lands. § 4. Right of way and depot grounds for use of railroads. § 5. Trespass on school land; penalty. g 6. Trespasser liable to indictment. ? 7. Penalties and fines to be paid to town- ship treasurer. § 8. Petition for sale. § 9. Fractional township. g 10. Divided into lots by trustees. § 11. Making of a plat. § 12. Size of lots, roads and streets. ? 13. Valuation of plats and certificate given to county superintendent. g 14. Advertising the sale; form of notice. g 15. Place of sale. g 16. Termsof sale; amount of bid borrowed, g 17. Manner of sale. g 18. Payment; land resold; suit instituted . § 19. Unsold land afterwards subject to sale. g 20. Re-valuation of unsold land; no peti- tion required. g 21. Certificate of purchase. g 22. Statement of sales by county superin- tendent. g 23. Transcript sent to Auditor. g 24, Patents; certificates of sale; evidence of sale. g 25. Duplicates of certificates of purchase, g 26. Real estate taken for debt, sold by county superintendent. g 27. Trustees may dedicate lands for streets. Section 1. Section number sixteen (16) in every township granted to the State by the United States for the use of schools, and such sections and parts of section as have been or may be granted, as aforesaid, in lieu of all or part of section number sixteen (16), and also the lands which have been or may be selected and granted as aforesaid, for the use of schools, to the inhabitants of fractional townships in which there is no section number sixteen (16), or where such section shall not contain the proper proportion for the use of schools in such fractional townships, shall be held as common school lands; and the provisions of this act referring to common school lands shall be deemed to apply to the lands aforesaid. § 2. All the business of such townships, so far as relates to com- mon school lands, shall be transacted in that county which contains all or a greater portion of said lands. § 3, It shall be lawful for the trustees of schools in townships in which section number sixteen (16) , or any other lands granted in lieu thereof, remain unsold or which has title to any other school lands whatsoever, to rent or lease the same for an annual rent to be paid in money to the treasurer, by a written contract made by the president and clerk, under the direction of the board, with the lessee or lessees, which contract shall be filed with the records of the board, and a copy of the same transmitted to the county superintendent. In case of any default in the payment of the rent, the said board of trustees shall at once proceed to collect the same by distress, or otherwise, as may be provided by law for the collection of rents by landlords. No lease taken under the provisions of this act, shall be^ 75 for a longer period than five years, except where such lands are leased for the purpose of having permanent improvements made thereon, as may be the case in cities and villages: Provided, that the provisions of this section shall not apply to cities having a popu- lation of over one hundred thousand (100,000) inhabitants. § 4. The trustees of schools of any township concerned, are hereby authorized and empowered in their corporate capacity, to sell and convey to any railroad company which may construct a railroad across any of the public school lands of such township, the right of way and necessary depot grounds. All moneys received by such trustees for any right of way or depot grounds so sold, shall be turned over by such trustees to the township treasurer of the town- ship for the benefit of the township school fund. § 5. If any person shall, without being duly authorized, cut, felb box, bore, destroy or carry away any tree, sapling or log standing or being upon any school lands, such person shall forfeit and pay, for every tree, sapling or log so felled, boxed, bored, destroyed or carried away, the sum of eight (8) dollars, which penalty shall be recovered with costs of suit, by an action of debt or assumpsit, before any jus- tice of the peace having jurisdiction of the amount claimed, or in the county or circuit court, either in the corporate name of the board of trustees of the township to which the land belongs, or by qui tarn action in the name of any person who will first sue for the same, one- half of the judgment for the use of the person suing and the other half for the use of the township aforesaid. When two or more per- sons shall be concerned in the same trespass, they shall be jointly and severally liable for the penalty herein imposed. § 6. Every trespasser upon common school lands shall be liable to indictment, and upon conviction, shall be fined three times the amount of the injury occasioned by said trespass, and shall stand committed as in other cases of misdemeanor. § 7. All penalties and fines collected under the provisions of the foregoing sections shall be paid to the township treasurer, and be added to the principal of the township fund. § 8. When the inhabitants of any township or fractional town- ship shall desire the sale of the common school lands of a township- or fractional township, they shall present a petition to the county superintendent of the county in which the school lands of the town- ship, or the greater part thereof, lie, for the sale thereof; which peti- tion shall be signed by at least two-thirds of the legal voters of the township, or fractional township. The signing of the petition must be done in the presence of at least two adult citizens of the township,, after the true meaning and purpose thereof has been explained; and when signed an affidavit must be affixed thereto by the two citizens witnessing the signing, in the manner aforesaid, which affidavit shall state the number of inhabitants in the township, or fractional town- ship, of, and over, twenty-one years of age; and said petition, so proved, shall be delivered to the county superintendent for his action thereon: Provided, that in townships having a population of more than ten thousand inhabitants, such petition shall be signed by at 76 least one-tenth of the legal voters of the township, or fractional town- ship, and not two- thirds thereof, and that such petition shall be delivered to the county superintendent at least fifteen days preced- ing the regular election of trustees, or the date of a special election which may be called for such purpose; and thereupon it shall be the duty of said county superintendent to notify the voters of such town- ship that an election for or against the proposition to sell common school lands of the township, or a portion thereof, will be held at the next regular election of trustees, or at a special election called for that purpose, by posting notices of such election in at least ten of the most public places throughout such township, for at least ten days before the date of such regular or special election, which notice may be in the following form, to-wit: Election for sale of common school lands. Notice is hereby given that on , the day of , A. D. , , an election will be held at for the purpose of voting "'For" or ^'Against" the proposition to sell common school lands of the township, to-wit: (here insert description of said lands.) The polls of said election will be open at and close at o'clock of said day. A. B., County Superintendent. The ballots of such election shall be received and canvassed as in other elections provided for in this act, and returns of the result thereof made to the county superintendent, and if it shall appear that two-thirds of the vote upon such proposition shall have been cast in favor of the sale of said lands, then the said county superin- tendent shall act thereon: And, provided, no whole section shall be sold in any township containing less than two hundred inhabitants; and common school lands in fractional townships may be sold when the number of inhabitants and the number of acres are in a ratio of two hundred to six hundred and forty, but not before. [As amended by act approved May 10, 1901.] § 9. Any fractional township not having the requisite number of inhabitants to petition for the sale of the school lands therein, as provided in section 8 of this article of this act, which has not here- tofore been united with any other township, for school purposes, and which does not contain a sufficient number of inhabitants to main- tain a free school, is hereby attached to the adjacent congressional township having the longest territorial line bordering on such frac- tional township, for school purposes; and ail the provisions of this act shall apply to such united townships, the same as though they were one and the same township. § 10. When the petition and affidavits are delivered to the county superintendent, as aforesaid, he shall notify the trustees of said township thereof, and said trustees shall immediately proceed to di- vide the land into tracts or lots, of such form and quantity as will produce the largest amount of money. § 11. After making the division required by the foregoing sec- tion, said trustees shall cause a correct plat of the same to be made, representing all divisions, with each lot numbered and defined, so that its boundaries may be forever ascertained. 77 § 12. In subdividing said common school lands for sale, no lot shall contain more than 80 acrOiS, and the division may be made into town or village lots, with roads, streets or alleys between them and through the same; and all such divisions, with all similar divisions hereafter made, are hereby declared legal, and all such roads, streets and alleys, public highways. § 13. After such division into lots has been made and platted^ the trustees of schools shall fix a value on each lot, having regard to the terms of sale, certify to the correctness of the plat, stating the value of each lot per acre, or per lot if less than one acre, and re- ferring to and describing the lot in the certificate, so as fully and clearly to distinguish, and identify each lot; which plats and certifi- cate shall be delivered to the county superintendent, and shall gov- ern him in advertising and selling such lands. § 14. Upon the reception by the county superintendent of the- plat and certificate of valuation from the trustees, he shall proceed to advertise the said land for sale in lots, as divided and laid off by said trustees, by posting notices thereof in at least six (6) public places in the county, forty days before the day of sale, describing the land and stating the time, place and terms of sale; and if any newspaper is published in said county, said advertisement shall be printed therein for four weeks before the day of sale; if no newspaper is published in said county, then such land may be sold under the notice aforesaid, which notice may be in the following form, viz.: SALE OF SCHOOL LAND. Public notice is hereby sfiven that on the day of A. D., 18 , between the hours of 10 o'clock a. m. and 6 o'clock p. m., the undersigned superintendent of schools of county, will sell at public vendue to the highest bidder, at the .door of the court house in (or on the premises) the following described real estate, the same being a part of the school lands of township No. , range No , as divided and platted by the trustees of schools of said township, to-wit: (Here insert full and complete description of said premises.) Said lands will be sold for cash in hand, with the privilege to any purchaser of borrowing from the undersigned, the whole or any part of the amount of his bid, for not less than one nor more than five years, upon his paying interest and giving security, as required in case of a loan obtained from the township school fund. Dated this dav of A. D County Superintendent, County. § 15. The place of selling common school lands shall be at the court house of the county in which the lands are situated; or the trustees of schools may direct the sale to be made on the premises. § 16. The terms of selling common school lands shall be to the highest bidder for cash, with the privilege to each purchaser of bor- rowing from the county superintendent the amount or any part of the amount of his bid, for any period of not less than one year nor more than five years, upon his paying interest and giving security, as in case of money loaned by a township treasurer as provided in this act. 78 § 17. Upon the day appointed for such sale, the county superin- tendent shall proceed to make sales as follows, viz.: He shall begin at the lowest numbered lot and proceed regularly to the highest num- bered, till all are sold or offered. No lot shall be sold for less than its valuation by the trustees. Said sale shall be made between the hours of 10 o'clock a. m. and 6 o'clock p. m., and may continue from day to day. The lots shall be cried separately, and each lot cried long enough to enable any person present to bid who desires to bid. § 38. Upon closing the sales each day, the purchasers shall each pay, or secure the payment of the purchase money, according to the terms of sale; or in case of his failure to do so by 10 o'clock the succeeding day, the lot purchased shall again be offered at public sale, on the same terms as before, and if the valuation or more shall be bid, shall be stricken off; but if the valuation be not bid, the lot shall be set down as not sold. If the sale is or is not made, the former purchaser shall be required to pay the difference between his bid and the valuation of the lot, and in case of his failure to make such pay- ment, the county superintendent may forthwith institute an action of debt or assumpsit in his name, as superintendent, for the use of the inhabitants of the township where the land lies, for the required sum; and upon making proof, shall be entitled to judgment, with costs of suit; which, when collected, shall be added to the principal of the township fund. If the sum claimed does not exceed two hun- dred dollars, the suit may be commenced before a justice of the peace; if the sum demanded exceeds two hundred dollars, then suit may be brought in the circuit court of any county wherein the party may be found. § 19. All lands not sold at public sale, as herein provided for, shall be subject to sale at any time thereafter, at the valuation; and the county superintendents are authorized and required, when in their power, to sell all such lands at private sale, upon the terms at which they were offered at public sale. § 20. In all cases where common school lands have been hereto- fore valued, and have remained unsold for two years, after having been offered for sale, or shall hereafter remain unsold for that length of time, after being valued and offered for sale, in conformity to this act, the trustees of schools where such lands are situated may vacate the valuation thereof by an order to be entered in book A of the county superintendent, and cause a new valuation to be made, if, in their opinion, the interests of the township will be promoted thereby. They shall make said second valuation in the same manner as the first was made, and shall deliver to the county superintendent a plat of such second valuation, with the order of vacation, to be entered, as aforesaid; whereupon, said county superintendent shall proceed to sell said lands in all respects, as if no former valuation had been made: Provided, that the second valuation may be made by the trustees of schools, without petition, as provided in this act for the first valuation. § 21. Upon the completion of every sale by the purchaser, the county superintendent shall enter the same in book B, and shall de- liver "to the purchaser a certificate of purchase, stating therein the 79 name and residence of the purchaser, describing the land and the price paid therefor, which certificate shall be evidence of the facts therein stated. § 22. At the first regular term of the county board in each year, the county superintendent shall present to the county board of his county a statement showing the sales of school lands made subse- quent to the first regular term of the previous year, which shall be a true copy of the sale book (book B) . § 23. The county superintendent shall, also, at the time afore- said, transmit to the Auditor of Public Accounts, a full and exact transcript from book B of all the sales made subsequent to each re- port. The statement required to be presented to the county board shall be preserved and copied by the clerk of said board into a well- bound book kept for that purpose; and the list transmitted to the Auditor shall be filed, copied and preserved in like manner. § 24. Every purchaser of common school lands shall be entitled to a patent from the State, conveying and assuring the title. Patents shall be made out by the Auditor, from returns made to him by the county superintendent. They shall contain a description of the land granted, and shall be in the name of and signed by the Governor, countersigned by the Auditor, with the great seal of the State affixed thereto by the Secretary of State, and shall operate to vest in the purchaser a perfect title in fee simple. When patents are executed as herein required, the Auditor shall note on the list of sales the date of each patent, in such manner as to perpetuate the evidence of its date and delivery, and thereupon transmit the same to the county superintendent of the proper county, to be by him de- livered to the patentee, his heirs or assigns, upon the return of the original certificate of purchase, which certificate, when returned, shall be filed and preserved by the county superintendent; and all such patents, heretofore or hereafter so issued, by the State for school lands, or duly certified copies thereof from any record legally made, shall, after the lapse of ten years from the date of such patent, and such sale having been acquiesced in for ten years by the inhab- itants of the township in which the land so conveyed may be sit- uated, be conclusive evidence as to the legality of the sale, and that the title to such land was, at the date of the patent, legally vested in the patentee. § 25. Purchasers of common school lands, and their heirs and assigns, may obtain duplicate copies of their certificates of purchase and patents, upon filing affidavit with the county superintendent in respect to certificates, and with the Auditor in respect to patents, proving the loss or destruction of the originals; and such copies shall have the force and effect of originals. § 26. When any real estate shall have been taken for any debts due to any school fund, the title to which real estate has become vested in any county superintendent for the use of the inhabitants of one or more townships, or of the county, the county superintendent may lease or sell such real estate for the benefit of such township or townships, or of the county, as provided in section 37 of article III 80 of this act, regulating the leasing and sales of lands by school trus- tees: Provided, that in case the real estate be held for the benefit of any township or townships, it shall not be sold except upon the written request of the school trustees of said township or townships. The said county superintendent is hereby authorized to execute con- veyances of such real estate to the purchasers when so sold. § 27. The trustees of schools in any township are hereby author- ized and empowered, in their corporate capacity, to lay out and dedicate to the public use, for street and highway purposes, so much of the common school lands, which is unimproved or unoccupied with buildings, as may be necessary to open or extend any street or highway which may be ordered opened or extended by the municipal authorities, which are by law empowered to open or extend streets or highways in the territory where said school lands are located: Pro- vided, that said trustees of schools shall be of the opinion that the benefits to accrue from the opening or extending of said street or highway, to the remainder of said common school lands will com- pensate for the strip so dedicated: And, provided further, that it shall not be lawful for any street or other railroad to lay down rail- road tracks on any strip of the common school lands so dedicated, or use the same or any part of the common school lands for railroad or street railroad purposes, except upon the purchase or lease of the same from the proper authorities, or upon the payment to the school fund of said township of the value of such use or land taken, the same as if no street or highway had been laid out thereon, to be de- termined by proceedings under an act entitled, "An act to provide for the exercise of the right of eminent domain," approved April 10, 1872, and all amendments thereto. And, provided, further, that this, section shall not in any way affect existing leases or contracts for the lease or purchase of common school lands. Article XIV. PINES AND FORFEITURES. ? 1. Paid to county superintendent, g 2. Duties of state's attorneys. g 3. Duties of justices of the peace. § 5. Penalty for failure to pay over fines collected. § 6. Power of the county court to examine records of delinquent of&cers; pen- alty for failure to furnish papers, etc g 4. Report of fines; affidavit; penalty for failure to report. Section 1. All fines, penalties and forfeitures imposed or incurred in any of the courts of record, or before any justice of the peace of this State, except fines, forfeitures and penalties incurred or imposed in incorporated towns or cities for the violation of the by-laws or ordinances thereof, shall, when collected, be paid to the county superintendent of schools of the county wherein such fines, penal- ties or forfeitures have been imposed or incurred, and the said county superintendent of schools shall give his receipt therefor to the person from whom such fine, forfeiture or penalty was received. 8.1 The said county superintendent shall annually distribute such fines, penalties or forfeitures in the same manner as the common school funds of the State are distributed. § 2, It shall be the duty of the State's attorneys of the several counties to enforce the collection of all fines, forfeitures and penalties imposed or incurred in the courts of record of their respective coun- ties, and to pay the same over to the county superintendent of the county wherein the same have been imposed or incurred, retaining therefrom the fees and commissions allowed them by law. § 3. It shall be the duty of the justices of the peace to enforce the collection of all fines imposed by them by any lawful means; and when collected the same shall be paid by the justice collecting the same to the county superintendent of the county in which the same was imposed. § 4. Clerks of courts of record, State's attorneys and all justices of the peace shall report, under oath to the county court of their respective counties, by the first of March annually, the amount of such fines, penalties and forfeitures imposed or incurred in their respective courts, and the amount of such fines, forfeitures and pen- alties collected by them, giving each item separately, and if any such ofl&cer has collected no such fines, penalties or forfeitures, he shall make affidavit to such fact, and file the same with the county super- intendent. The judges of the county court shall inspect the said reports, and may hear evidence thereon, and, if found correct and truthful, shall enter an order approving such report, and that any moneys in the hands of such officers so reporting shall be paid over to the superintendent of schools. If the court shall not approve of such report, he may order a new one to be made, and upon a failure to comply with the order of the court, or to make a satisfactory re- port, the court may state an account and enter an order to pay over as above provided. The court, for all purposes for carrying out the provisions of this section, shall have power to examine books and papers as provided hereinafter in section 6 of this article, and shall have power to issue subpoenas for both books and persons: Pro- vided, that no report shall be approved until the court shall have given the superintendent five (5) days' notice of the same, and he shall be allowed to inspect said report, and he shall be heard by the court upon the same if he desire; and the officers charged with the collection thereof, the said clerks, State's attorneys and justices of the peace, for a failure to make such a report, shall be liable to a fine of twenty- five (25) dollars for each offense, said fine to be recoveied in a civil action, before any court, at the suit of the county superin- tendent of schools of the proper county. § 5. For a failure to pay any fine, forfeiture or penalty, on de- mand, to the person who is by law authorized to receive the same, the officer or person having collected the same, or having the same in his possession or control, shall forfeit and pay double the amount of such fine, penalty or forfeiture as aforesaid to be recovered be- —6 S. 82 fore any court having jurisdiction thereof, in a qui tarn action, one- half to be paid to the informer, and one-half to the school fund of the proper county. § 6. In case that any clerk of a court of record, State's attorney or justice of the peace shall fail to make the report provided for in section 4 of this article, the county court shall have power, and it is hereby made the duty of the judge of said court, to examine all records pertaining to the office of such delinquent officer and enforce the payment of whatever sum may be found due the school fund from such delinquent officer. For the purpose of making such ex- amination, the said county court shall have the right to call for any paper or papers, docket, fee- book or other record belonging to the office of such delinquent officer, and in case such delinquent officer fails or refuses to furnish such paper, docket, fee-book or other rec- ord for the inspection or use of such county court, he shall forfeit and pay to the school fund the sum of one hundred (100) dollars to be recovered in an action of debt or assumpsit, before any court of this State having jurisdiction of the actions of debt and assumpsit, and such penalty, when collected, shall be paid into the school fund of the proper county. Article XV. LIABILITY OF SCHOOL OFFICERS. I 1. Of trustees for failure to take action regarding the insufficiency of town- ship securities. § 2. Of judges of election for failure to de- liver poll-book and certificates. § 3. Of boards of directors for failure to deliver schedules. g 4. Of township tr'^asurer for failure to perform his duties. g 5. Of the bondsmen or legal representa- tives of township treasurer to turn over bonds, etc., to successor. g 6. Liable to indictment and imprison- ment for conversion of funds. I 7. Trustees liable for securities of town- ship treasurer; exception. Section 1. Whenever the county superintendent of schools of any county shall notify the board of trustees of any township, in writing, that the notes, bonds, mortgages, or other evidences of in- debtedness which have been taken officially by the township treasur- er, are not in proper form, or that the securities which the said town- ship treasurer has taken are insufficient, it shall be the duty of the said board of trustees at once to take such action as may be neces- sary to save and protect the property or fund of the districts and the township; and for a failure or refusal to take such action within I 8, Real estate of school officers holden. I 9. Failure of trustees to make returns of children. § 10. Failure of school officers to furnish statistics. I 11. School officers responsible for loss of funds . § 12, Forbidden to pervert funds to secta- rian purposes. I 13. Interest in sale of school books, etc., forbidden. g 14. Penalty for excluding colored children from school. twenty days after such notice, the members of the board, each in his individual capacity, shall be liable to a fine of not less than twenty. five (25) nor more than one hundred (100) dollars to be recovered "before any justice of the peace, on information, in the name of the peo- ple of the State of Illinois (provided such insufficiency is proven), and, -when collected, the said fine shall be paid to the county superintendent ■of the proper county, for the use of schools. And the payment of this fine shall not relieve the board of trustees from any civil liability -they may have incurred from such neglect of duty. § 2. If the judges of any school election called for any legal purpose shall fail or neglect to deliver a copy of the poll-book of any such •election, with a certificate thereon showing the result of such election, to the officer provided by law to whom such return shall be made, within ten days after such election shall have been held, the said judges of election shall be severally liable to a penalty of not less than twenty-five (25) dollars nor more than one hundred (100) dol- lars to be recovered in the name of the People of the State of Illi- nois, by an action of debt before any justice of the peace of the county; which penalty, when collected, shall be paid into the school fund of the township in which such election was held. § 3. It shall be the duty of the board of directors of every school district in this State, to deliver to the township treasurer all teachers' schedules made and certified as required by law, and covering all time taught during the school year ending June 30th, on or before the seventh day of July, annually ; and the directors shall be personally liable to the district for any and all loss sustained by it through their failure to examine and deliver to the said township treasurer all such schedules within the said time. § 4. For any failure or refusal to perform all the duties required of the township treasurer by law, he shall be liable to the board of trustees, upon his official bond, for all damages sustained by reason of such failure or refusal, to be recovered by action of debt by said board, in their corporate name, for the use of the proper township, before any court having jurisdiction of the amount of damages claimed; but if the said treasurer, in any such failure or refusal, acted under and in conformity to a requisition or order of said board, •or a majority of them, entered upon their journal and subscribed by their president and clerk, then, and in that case, the members of said board aforesaid, or those of them voting for such requisition or order aforesaid, and not the said township treasurer, shall be liable, jointly and severally, to the inhabitants of the township for all such damages, to be recovered by an action of assumpsit in a suit brought in the official name of the county superintendent of schools, for the use of the proper township: Provided, said treasurer shall be liable for any loss not collected by reason of the insolvency of said trustees. § 5. When a township treasurer shall resign or be removed, and at the expiration of his term of office, he shall pay over to his suc- cessor in office, when appointed, all money on hand, and deliver over all books, notes, bonds, mortgages and all other securities for money, and all papers and documents of every description in which the cor- 84 poration has any interest whatever; and in case of the death of th& township treasurer, his securities and legal representatives shall h& bound to comply with the requisitions of this section so far as the^ said securities and legal representatives may have the power so to do. And for any failure to comply with the requisitions of this section^ the persons neglecting or refusing shall be liable to a penalty of not less than ten nor more than one hundred dollars, at the discretion of the court before which judgment may be obtained, to be recovered in an action of debt before any justice of the peace, for the benefit of the school fund of such township: Provided, that the obtaining or payment of such judgment shall in nowise discharge or diminish the obligation of the persons signing the official bond of such township treasurer. § 6. If any county superintendent, trustee of school, township' treasurer, director or any other person entrusted with the care, con- trol, management or disposition of any school, college, seminary or township fund for the use of any county, township, district or school^ shall convert such funds, or any part thereof, to his own use, he shall be liable to indictment; and, upon conviction thereof, shall be fined in any sum not less than double the amount of money converted tO' his own use, and imprisoned in the county jail not less than one nor more than twelve months, at the discretion of the court. § 7. Trustees of schools shall be liable, jointly and severally, for the sufficiency of securities taken from township treasurers; and in. case of judgment against any treasurer and his securities for or on> account of" any default of such treasurer on which the money shall not be made for want of sufficient property whereon to levy execu- tion, action on the case may be maintained against said trustees^ jointly and severally, and the amount not collected on said judgment shall be recovered with costs of suit from such trustees: Provided, that if said trustees can show, satisfactorily, that the security taken from the treasurer, as aforesaid, was, at the time of said taking, good and sufficient, they shall not be liable as aforesaid. § 8. The real estate of county superintendents, of township treas- urers, and all other school officers, and of the securities of each of' them shall be bound for the satisfaction and payment of all claims and demands against said superintendents and treasurers, and other school officers as such from the date of issuing process against them, in actions or suits brought to recover such claims or demands until satisfaction thereof be obtained; and no sale or alienation of real estate, by any superintendent, treasurer or other officer or security aforesaid, shall defeat the lien created by this section; but all and singular such real estate held, owned or claimed, as aforesaid, shall be liable to be sold in satisfaction of any judgment which may be obtained in such actions or suits. § 9. Trustees of schools or either of them, failing or refusing to make returns of children in their township according to the pro- visions of this act, or if either of them shall knowingly make a false return, the party so offending shall be liable to a penalty of not less than ten (10) dollars nor more than one hundred (100) dollars, to be 85 recovered by an action of assumpsit before any justice of the peace of the county; which penalty, when collected, shall be added to the township school fund of the township in which said trustees reside. § 10. If any county superintendent, director or trustee, or either •of them, or other officer whose duty it is, shall negligently or wil- fully fail or refuse to make, furnish or communicate the statistics and information, or shall fail to discharge the duties enjoined upon them or either of them, at the time and in the manner required by the provisions of this act, such delinquent or party offending shall be liable to a fine of not less than twenty-five (25) dollars, to be recov- ered before any justice of the peace at the suit of any person, on in- formation in the name of the People of the State of Illinois, and when collected, the said fine shall be paid to the county superintend- ent of the proper county for the use of the school fund. § 11. County superintendents, trustees of schools, directors and township treasurers, or either of them or any other officer having charge of school funds or property, shall be pecuniarily responsible for all losses sustained by any county, township or school fund, by reason of any failure on his or their part to perform the duties re- required of him or them by the provisions of this act; or by any rule or regulation authorized to be made by the provisions of this act; and each and every one of the officers aforesaid shall be liable for any such loss sustained as aforesaid, and the amount of such loss may be recovered in a civil action brought in any court having jurisdiction thereof, at the suit of the State of Illinois, for the use of the county, township or fund injured; the amount of the judgment obtained in such suit shall, when collected, be paid to the proper officer for the benefit of the said county, township, or fund injured. § 12. No county, city, town, township, school district or other public corporation shall ever make any appropriation, or pay from any school fund whatever, anything in aid of any church or sect^ian purpose, or to help support or sustain any school, academy, seminary, college, university or other literary or scientific institution controlled by any church or sectarian denomination whatever; nor shall any grant or donation of money, or other personal property, ever be made by any such corporation to any church or for any sectarian purpose; and any officer or other person having under his charge or direction school funds or property, who shall pervert the same in the manner forbidden in this section, shall be liable to indictment, and upon conviction thereof, shall be fined in a sum not less than double the value of the property so perverted, and imprisoned in the county jail not less than one (1) nor more than twelve (12) months at the discretion of the court. § 13. No teacher, state, county, township or district school officer shall be interested in the sale, proceeds or profits of any book, appa- ratus or furniture used, or to be used, in any school in this State with which such officer or teacher may be connected; and for offend- ing against the provisions of this section such teacher, state, county, township or district school officer shall be liable to indictment, and upon conviction shall be fined in a sum not less than twenty- five (25) 86 dollars nor more than five hundred (500) dollars, and may be im- prisoned in the county jail not less than one (1) month nor more than twelve (12) months, at the discretion of the court. § 14. Any school officer or officers, or any other person, who shall exclude or aid in the exclusion from the public schools, of any child who is entitled to the benefits of such school, on account of such child's color, shall be fined, upon conviction, in any sum not less than five (5) dollars nor more than one hundred (100) dollars each, for every such offense. Article XVI. MISCELLANEOUS. § 1. Cost of suits not to be charged to school fund. i 2. Eligibility of women to school ofSces. i 3. Bonds of women holding school offices. 2 4. Colored children may not be excluded from school. § 5. Penalty for preventing children from attending school. g 6. Payment of funds to township treas- urer. § 7. Reports and rate of taxation under special charters. 8. Educational institutions to report to State Superintendent. 9. Judgments and executions against boards of trustees and directors. g 10. g 11. g 12. g 13. No compensation allowed to trustees, directors, etc. ; exemption from road labor, etc. School officers to hold until their suc- cessors are qualified. Former acts repealed. Emergency clause. Section 1. No justice of the peace, constable, clerk of any court, sheriff or coroner shall charge any costs in any suit where any school officer, school corporation or any agent of any school fund, suing for the recovery of the same, or any interest due thereon, is plaintiff and shall be unsuccessful in such suit; nor where the costs can not be recovered from the defendant by reason of the insolvency of such defendant. § 2, Any woman, married or single, of the age of twenty-one years and upwards, and possessing the qualifications prescribed for the office, shall be eligible to any office under the general or special school laws of this State. § 3. Any woman elected or appointed to any office under the pro- visions of this act, before she enters upon the discharge of the duties of the office, shall qualify and give the bond required by law (if bond is required), and such bond shall be binding upon her and her secur- ities. § 4. All boards of school directors, boards of education or school officers, whose duty it now is, or may be hereafter to provide, in their respective jurisdictions, schools for the education of all children between the ages of six and twenty-one years, are prohibited from the excluding, directly or indirectly, any such child from such school on account of the color of such child. 87 § 5. Any person who shall, by threats, menace or intimidation, prevent any child entitled to attend a public school in this State from attending such school shall, upon conviction, be fined in any sum not exceeding twenty-five (25) dollars. § 6. It shall be the duty of the county treasurers, county super- intendents of schools, township collectors, and all other persons pay- ing money into the hands of township school treasurers for school purposes, on or before the 30th day of September of each year, to notify in writing the presidents of boards or school trustees and the clerks of the boards of school directors of the amount paid into the township treasurer's hands and the date of payment. § 7. This act shall not be so construed as to repeal or change, in any respect, any special acts in relation to schools in cities having less than one hundred thousand inhabitants, or incorporated towns, town- ships or districts except that in every such city, town, township or district the limit of taxation for educational and building purposes shall be the same as that fixed in section one, article eight, of this act; and except that it shall be the duty of the several boards of edu- cation or other officers of any city or incorporated town, township or district, having in charge schools under the provision of any of said special acts, or of any ordinance of any city or incorporated town, on or before the 15th day of July preceding each session of the General Assembly of this State, or annually, if required so to do by the State Superintendent of Public Instruction, to make out and render a statement of all such statistics and other information in regard to schools and the enumeration of persons, as is required to be commun- icated by township boards of trustees or directors, under the provis- ions of this act, or so much thereof as may be applicable to said city or incorporated town, to the county superintendent of the county where such city or incorporated town is situated, or of the county in which the larger part of such city or incorporated town is situ- ated; nor shall it be lawful for the county superintendent, or any other officer or person to pay over any portion of the common school fund to any local treasurer, school agent, clerk, board of education, or other officer or person of any township, city or incorporated town, unless a report of the number of persons and other statistics relative to schools, and a statement of such other information as is required by the board of trustees or of directors, as aforesaid, and of other school officers and teachers, under the provisions of this act, shall have been filed at the time or times aforesaid, specified in this section, with the superintendent of the proper county, as aforesaid. [As amended by act approved and in force March 31, 1891.] § 8. It shall be the duty of the president, principal, or other proper officer of every organized university, college, seminary, academy, or other literary institution, heretofore incorporated, or hereafter to be incorporated in this State, to make out, or cause to be made out and forwarded to the office of the State Superintendent of Public Instruction, on or before the first day of August in each year, a report setting forth the amount and estimated value of real estate owned by the corporation, the amount of other funds and endow- ments, and the yearly income from all sources, the number of in- 88 structors, the number of students in the different classes, the studies pursued and the books used, the course of instruction, tbe terms of tuition, and such other matters as may be specially requested by said Superintendent, or as may be deemed proper by the president or principal of such institution to enable the Superintendent of Pub- lic Instruction to lay before the Legislature a fair and full exhibit of the affairs and conditions of said institutions, and of the educational resources of the State. § 9. If judgment shall be obtained against any township board of trustees or school directors, the party entitled to the benefit of such judgment may have execution therefor, as follows to- wit: It shall be lawful for the court in which such judgment shall be ob- tained, or to which such judgment may be removed by transcript or appeal from a justice of the peace, or other court, to issue thence a writ commanding the directors, trustees and treasurer of such town- ship to cause the amount thereof, with interest and costs, to be paid to the party entitled to the benefit of such judgment, out of any moneys unappropriated of said township or district, or if there be no such moneys, out of the first moneys applicable to the payment of the kind of services or indebtedness for which such judgment shall be obtained, which shall be received for the use of such township or district, and to enforce obedience to such writ by attachment, or by mandamus, requiring such board to levy a tax for the payment of such judgment; and all legal processes, as well as writs to enforce payment, shall be served either on the president or the clerk of the board. § 10. Trustees of schools, school directors, members of boards of education, or other school officers performing like duties, shall re- ceive no pecuniary compensation, but they shall be exempt from road labor and military duty during their term of office. § 11. All school officers elected in pursuance of any general law now in force shall hold their respective offices until their successors are elected and qualified under the provisions of this act. § 12. "An act to establish and maintain a system of free schools," approved April 1, 1872; "An act to protect colored children in their rights to attend public schools," approved March 24, 1874; "An act to amend section fifty (50) of an act entitled, 'An act to establish and maintain a system of free schools,' approved April 1, 1872, ap- proved March 30, 1874;" "An act to amend sections 24 and 33 of an act entitled, 'An act to establish and maintain a system of free schools,' approved April 1, 1872, approved May 23, 1877;" "An act to amend section 47 of 'An act to establish and maintain a system of free schools,' approved April 1, 1872, approved May 11, 1877;" "An act regulating the renting and sale of school lands," approved May 25, 1877; "An act to amend section 33 of an act entitled, 'An act to amend sections 24 and 33 of an act entitled, 'An act to establish and maintain a system of free schools,' approved April 1, 1872, ap- proved May 23, 1877, in force July 1, 1877," approved May 31, 1879;" "An act to amend an act entitled, 'An act to establish and maintain a system of free schools,' approved April 1, 1872, \nd section forty- seven (47) of said act as amended by an act approved May 11, 1877, 89 approved June 3, 1879;" "An act to amend sections eleven (11), twenty-seven (27), thirty- three (33), thirty-four (34), forty- eight (48), fifty-three (53), fifty- four (64), fifty-seven (57) of an act entitled, 'An act to establish and maintain a system of free schools,' approved April 1, 1872, and in force July 1, 1872, and amended by an act approved June 3, 1879, and in force July 1, 1879, approved May 51, 1881;" "An act to amend section fifty-one (51) of an act entitled, 'An act to establish and maintain a system of free schools," approved April 1, 1872, in force July 1, 1872, and amended by an act approved June 3, 1879, in force July 1, 1879, approved June 23, 1883;" "An act regulating the loan of school funds," approved and in force March 20, 1883; "An act to amend sections thirteen (13), twenty (20) and seventy-one (71) of an act entitled, *An act to establish and maintain a system of free schools,' approved April 1, 1872, and in force July 1, 1872, and amended by an act approved June 3, 1879, approved June 26, 1885;" "An act to amend sections fifty-seven (57) and fifty-eight (58) of an act entitled, 'An act to establish and main- tain a system of free schools,' approved April 1, 1872, and amended l3y an act approved April 1, 1872, and amended by an act approved June 3, 1879, and in fource July 1, 1879, and further amended by an act approved May 31, 1881, and in force July 1, 1881, approved June 30, 1885;" "An act to amend section one (1) of an act entitled, 'An act regulating the renting and sale of school lands,' approved May 25, 1877, in force July 1, 1877,' approved June 29, 1885;" "An act to amend section thirty-three (33) of an act entitled, 'An act to estab- lish and maintain a system of free schools,' approved April 1, 1872, in force July 1, 1872, as amended by an act approved May 23, 1877, in force July 1, 1877, as amended by an act approved June 3, 1879, in force July 1, 1879, as amended by an act approved May 31, 1881, in force July 1, 1881,' approved June 4, 1887;" "An act to provide for the election of presidents of boards of education in school dis- tricts," approved June 17, 1887; "An act to empower trustees of schools to lay out and dedicate common school lands for street and highway purposes," approved June 3, 1887; "An act to regulate the attendance of teachers upon teachers' institutes," approved June 14, 1878; "An act to empower township trustees to sell and convey right of way and depot grounds for the use of railroads crossing school lands," approved April 13, 1875; "An act to regulate the payment of moneys into the hands of township school treasurers," approved May 30, 1881; and all other acts and parts of acts inconsistent with this act, and all general school laws in this State, are hereby repealed § 13. Whereas, An emergency exists, requring this act to take immediate effect, therefore be it enacted that this act shall take effect from and after its passage. Approved May 21, 1889. 90 ADDITIONAL ACTS PERTAINING TO THE PUBLIC SCHOOLS AND SCHOOL OFFICERS. MEMBERS OF THE BOARD OF EDUCATION APPOINTED. An Act to provide for the appointment of School Directors and members of the Board of Education, in certain cases, approved May 29, 1879, in force July 1, 1879. Section 1. Be it enacted by the People of the State of Illinois represented in the General Assembly: That in all cases whereby [where, by] the provisions of any general or special law of this. State heretofore passed, the members of the common council of any city have been made ex officio school directors, or members of the board of education in and for the school district of which the said city shall constitute the whole or a part, the said school directors or members of the board of education shall hereafter be appointed as hereinafter provided. § 2. It shall be the duty of the mayor of said city, at the first reg- ular meeting of the city council after each annual municipal election,, and after his installation into office, to nominate and place before the council, for confirmation as school directors or members of the board of education, as the case may be, one person from each ward of said city to serve for two years, and one person from the city at large to- serve for one year, and if the persons so appointed shall be confirmed by a majority vote of the city council, to be entered of record, the persons so appointed, together with such persons theretofore ap- pointed under the provisions of this act, to which this is an amend- ment, whose terms of service will not expire within one year, shall constitute the board of education or school directors for such districts Provided, that the person appointed from the city at large for ona year shall be president of said board of education or school directors, but shall have no vote in such board excepting in case of a tie: Atid, provided further, that the term of office of all persons heretofore ap- pointed under the provisions of the act to which this is an amend- ment, whose term of office expires within one year, shall terminate at the first regular meeting of the city council after the annual meet- ing, and upon the appointment and confirmation of their successors. [As amended by act approved and in force May 28, 1889.] § 3. The said persons shall, soon as practicable after their ap- pointment, organize by electing one of their number secretary, who 91 shall hold his office for one year. All rights, powers and duties here- tofore exercised by and devolved upon the members of the city coun- cil, as ex officio members of the board of education, or school direct- ors, shall devolve upon and be exercised by the members of tha board of education and school directors appointed under the provis- ions of this act. [As amended by act approved and in force May 28,- 1889.] § 4. In all school districts to which this act shall apply the boards of education or school directors shall annually, before the first day of August, certify to the city council, under the hands and seals of the president and secretary of the board, the amount of money required to be raised by taxation for school purposes in said district for the ensuing year, and the said city council shall thereupon cause the said amount to be levied and collected in the same manner now pro- vided by law for the levy and collection of taxes for school purposes in such district, but the amount to be so levied and collected shall not exceed the amount now allowed to be collected for school pur- poses by the general school laws of this State ; and when such taxes have been collected and paid over to the treasurer of such city or school district, as may be provided by the terms of the act under which such district has been organized, such funds shall be paid out only on the order of the board of education or school directors,^ signed by the president and secretary of such board. Approved May 29, 1879. REQUIRING AND REGULATING THE STUDY OF PHYSIOLOGY AND HYGIENE. § 1. Teaching effects of alcoholic drinks, I § 2. Instruction to be given in normal' etc. I schools, institutes, etc. An Act to amend "An act relating to the study of physiology and hygiene in the public schools," approved June 1, 1889, in force July 1, 1889. Approved June 9, 1897, in force July 1, 1897. Section 1. Be it enacted by the People of the State of Illinois^ represented in the General Assembly: That "An act relating to the study of physiology and hygiene in the public schools," approved June 1, 1889, in force July 1, 1889, be amended so as to read as fol- lows: That the nature of alcoholic drinks and other narcotics and their effects on the human system shall be taught in connection with the various divisions of physiology and hygiene as thoroughly as are other branches in all schools under State control, or supported wholly or in part by public money, and also in all schools connected with re- formatory institutions. All pupils in the above mentioned schools below the second year of the high schools and above the third year of school work, comput- ing from the beginning of the lowest primary year, or in correspond- ing classes of ungraded schools, shall be taught and shall study this subject every year from suitable text-books in the hands of all pupils, for not less than four lessons a week for ten or more weeks of each year, and must pass the same tests in this as in other studies. 92 In all schools above mentioned all pupils in the lowest three pri- mary school years, or in corresponding classes in ungraded schools, shall each year be instructed in this subject orally for not less than three lessons a week for ten weeks in each year, by teachers using text-books adapted for such oral instruction as a guide and standard. The local school authorities shall provide needed facilities and def- inite time and place for this branch in the regular course of study. The text-books in the pupils' hands shall be graded to the capaci- ties of the fourth year, intermediate, grammar and high school pupils, or to corresponding classes as found in ungraded schools. For students below high school grade such text-books shall give at least one-fifth their space, and for students of high school grade shall give not less than twenty pages to the nature and effects of alcoholic drinks and other narcotics. The pages on this subject, in a separate chapter at the end of the book, shall not be counted in determining the minimum. § 2. In all normal schools, teachers' training classes and teach- ers' institutes, adequate time and attention shall be given to instruction in the best methods of teaching this branch, and no teacher shall be licensed who has not passed a satisfactory examination in this sub- ject and the best methods of teaching it. ' Any school officer or officers who shall neglect or fail to comply with the provisions of this act shall forfeit and pay for each offense the sum of not less than five dollars nor more than twenty-five dol- lars. COMPENSATION OF JUDGES AND CLERKS OF ELECTION IN CERTAIN CASES.* An Act to provide for the compensation of judges and clerks of election at elections at which trustees of schools and school direct- ors are elected under the provisions of an act entitled "An act to regulate the holding o1 elections and declariny the result thereof in cities, villages and incorporated towns in this State,''"' approved June 19, 1885. Section 1. Be it enacted hy the People of the State of Illinois, represented in the General Assembly: That at all elections held under the provisions of an act entitled "An act to regulate the hold- ing of elections and declaring the result thereof in cities, villages and incorporated towns in this State," approved June 19, 1885, and those amendatory and supplemental thereto, at which any trustee of school may have been heretofore or shall hereafter be elected, the expenses of such election shall be paid out of the treasury of such city, village and incorporated town. *This relates to the judges and clerks of elections appointed by the board of election commissioners, and not to the officers of school elections generally. 93 § 2. That all elections held under the provisions of said acts, at which a school director is elected, the expenses of such election shall be paid out of any funds belonging cr appertaining to the district for which such director is elected, § 3. The corporate authorities of cities, villages, incorporated towns and school districts are hereby authorized and empowered to levy taxes for the purpose of paying election expenses. Appkoved June 3, 1889. ELECTION OP BOARDS OF EDUCA.TIOM IN CERTAIN CASES. § 3. Repeals all acts in conflict. g 4. Emergency. 2 1. Cities, towns and townships, in which schools are managed under special acts, maj elect boards of education. ? 2. Question to'.be submitted to vote, upon petition of 50 voters. An Act to give cities, incoporated towns, townships and districts, in which free schools are now managed under special acts, au- thority to elect boards of education having the same powers as boards of education now elected under the general free school laws of this State. Section 1. Be it enacted by the People of the State of Illinois represented in the General Assembly: That any city, incorporated town, township or district having a population of not less than one thousand and not over twenty thousand inhabitants, in which free schools are now managed under any special act, may, by vote of its electors, determine to elect, instead of the directors or other govern- ing or managing board, now provided for by such special act, a board of education which shall be elected at the time and in the manner and have the powers now conferred by law upon boards of education of districts not governed by any special act. § 2. Upon petition of fifty voters of such city, town, township or district, presented to the board having the control and management of school in such city, town, township or district, it shall be the duty of such board, at the next ensuing election to be held in such city, town, township or district, to cause to be submitted to the voters thereof, giving not less than fifteen days' notice thereof, by posting not less than five notices in the most public places in such city, town, township or district, the question of "electing a board of education having the powers conferred upon such boards in districts organized under the free school laws," which notice may be in the following form, to- wit: Public notice is hereby given that on the day of A. D. an election will be held at between the hours of M. and M. of said day, for the purpose of deciding the ques- tion of "electing aboard of education having the powers conferred upon such boards in districts organized under the free school law." 94 If it shall appear, upon a canvass of the returns of such election, that a majority of the votes cast at such election are "for electing a board of education having the powers conferred upon such boards in districts organized under the free school law," then at the time of the next regular election for boards of education under the free school law, there shall be elected a board of education for such district; and should there not be sufficient time to give the notice required by law for such election, then such election may be held on any Saturday thereafter, but all subsequent elections shall be held at the time pro- vided by the free school law. § 3. All acts and parts of acts in conflict with this act are hereby repealed. § 4. Whereas, An emergency exists requiring this act to take immediate effect, therefore be it enacted that this shall be in force from and after its passage. Appeoved June 2, 1891. § 4. No child shall be employed for more than one day without such certifi- cate, § 5. Penalties for violation of this act. Child Labor, employment of children under 13 years of age prohibited. g 1. Prohibits any person, firm or corpora- tion from employing: any child under 13 years of aee, except as provided in this act. ? 2. Certificate of the school board authoriz- ing employment. ? 3. No certificate shall be issued unless the child has attended school at least 8 weeks in the current school year. An Act to prevent child labor. Section 1. Be it enacted hy the People of the State of Illinois, represented in the General Assembly: That it shall be unlawful for any person, firm or corporation to employ or hire any child under thirteen years of age except as hereinafter provided. § 2. In case it shall be made to appear to the board of education or of school directors that the labor or services of any child consti- tutes and is the means of support of an aged or infirm relative, and that such relative is, in whole or in part, dependent upon such child, then the board of education or school directors shall issue to such child a certificate authorizing the employment of such child; such certificate shall state the name, residence and age of such child, and a record thereof shall be kept by the board of education or school di- rectors in a book kept for that purpose. § 3. No such certificate shall be granted to any child unless it shall be shown to the board of education or school directors [of the district] in which such child resides, that such child has attended some public or private day school for at least eight (8) weeks in the current school year. 95 § 4. No person, firm or corporation shall employ any child under the age of thirteen years in any store, shop, factory or manufactur- ing establishment, by the day, or any period of time greater than one day, unless such certificate be furnished, nor shall he permit any such child to work in his employ wi'^hout such certificate. He or they shall be authorized to retain the certificate of any such child employed by him, which shall be evidence admissible in any court. • § 5. Any person, firm or corporation who violates the provisions^ of this act, and any father, guardian or person having control of any child under the age of thirteen years who willingly permits or con- sents to the employment of such child without such certificate as is prescribed by section three of this act, shall, for every offense, be fined in a sum not less than ten nor more than fifty dollars, for the use of public schools of the city or district in which such child re- sides. And every day of the employment of any such child shall be deemed a separate offense. Approved June 17, 1891. WOMEN MAY VOTE AT SCHOOL ELECTIONS. 1. Confers the right of suffrage upon women 2! years of age and over who may vote at elections for school offi- cers. Registration. i 2. Shall be permitted to vote for school officers at any election. Ballots, at general elections, to be put into sep- arate boxes. An Act to entitle women to vote at any election held for the purpose of choosing any officer under the general or special school laws of this State. Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: Any woman of the age of twenty-one years and upwards, belonging to either of the classes mentioned in article 7 of the Constitution of the State of Illinois, who shall have resided in this State one year, in the county ninety days, and in the election district thirty days preceding any election held for the purpose of choosing any oj0&cer of schools under the gen- eral or special school laws of this State, shall be entitled to vote at such election in the school district of which she shall at the time have been for thirty days a resident : Provided, any woman so de- sirous of voting at any such election shall have been registered in the same manner as is provided for the registration of male voters. § 2. Whenever the election of public school officers shall occur at the same election at which other public officers are elected, the ballot offered by any woman entitled to vote under this act shall not contain the name of any person to be voted for at such elections, ex- cept such officers of public schools, and such ballots shall all be de- posited in a separate ballot box, but canvassed with other ballots cast for school officers at such election. Approved June 19, 1891. 96 EXISTING INDEBTEDNESS. g 1. Authorizes the directors of any school district, created by special act, the limits of which are co-extensive with a city, to assume and pay any existing: indebtedness. An Act to alloio directors of schools under special laws to assume and provide for indebtedness heretofore created by the authorities of a city for school purposes. Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly : That whenever any city in this State is by special law made a school district, or whenever any school district created by special law shall be co-terminus with any city, the directors of such district shall have the power, at the re- quest of the city council, to assume and provide for, by borrowing- and taxation, any indebtedness now existing, created by the authori- ties of the city for school purposes. Approved June 22, 1891. relating to school attendance and the appointment of truant officers. g 1. Requires that children between the ages of 7 and 14 years shall attend school at least 16 weeks in each year unless exempt. ?. 2. Penalty for violation of this act. § 3. Appointment of truant of&cers. Hear- ing of charges for non-attendance. ?. i. Penalties for evasion of this act. § 5. Recovery of fines and penalties. An Act to promote attendance of children in schools and to prevent truancy. [Approved June 11, 1897, in force July 1, 1897.] Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That every person having control of any child between the ages of seven (7) and fourteen (14) years shall annually cause such child to attend for at least sixteen (16) weeks, twelve (12) weeks of which attendance shall be consecu- tive, some public or private school, which time, for pupils under ten (10) years of age, shall commence with the beginning of the first term of the school year of such school, and not later than December 1 of said school year for pupils above the age of ten (10) years, or as soon thereafter as due notice shall be served upon the person having such control of his duty under this act: Provided, that this act shall not apply in any case where the child has been or is being otherwise instructed, for a like period of time in each and every year, the ele- mentary branches of education by a person or persons competent to give such instruction ; or whose physical or mental condition renders his or her attendance impracticable or inexpedient, or who is excused for sufficient reason by any competent court of record. § 2. For every willful neglect of such duty as prescribed by sec- tion one (1) of this act the person so oifending shall forfeit to the use of the public school of the city, town or district in which such child resides, a sum not less than one (1) dollar nor more than five (5) dollars and costs of suit, and shall stand committed until such fine and costs of suit are fully paid. 97 § 3. The board of education in cities, towns, villages and school districts, and the board of school directors in school districts, shall appoint at the time of appointment or election of teachers each year one or more truant officers, whose duty it shall be to report all vio- lations of this act to said board of education or board of directors and to enter complaint against and prosecute all persons who shqll appear to be guilty of such violation. It shall also be the duty of said truant officer so appointed to arrest any child of school-going age that habitually haunts public places and has no lawful occupa- tion, and also any truant child who absents himself or herself from school, and to place him or her in charge of the teacher having charge of any school which said child is by law entitled to attend, and which school shall be designated to said officer by the parent^ guardian or person having control of said child. In case such parent, guardian or person shall designate a school without making or hav- ing made arrangements for the reception of said child in the school so designated, or in case he refuses or fails to designate any school, then such truant officer shall place such child in charge of the teacher of the public school. And it shall be the duty of said teacher to assign said child to the proper class and to instruct him or her in such studies as he or she is fitted to pursue. The truant officer so ap- pointed shall be entitled to such compensation for services rendered under this act as shall be determined by the boards appointing them, and which compensation shall be paid out of the distributable school fund: Provided, that nothing herein contained shall prevent the parent, guardian or person having charge of such truant child, which has been placed in any school by the truant officer, to thereafter send said child to any other school which said child is by law entitled to attend. § 4. Any person having control of a child who, with intent to evade the provisions of this act, shall make a wilfully false statement concerning the age of such child, or the time such child has attended school, shall for such offense forfeit a sum of not less than three (3) dollars nor more than twenty (20) dollars for the use of the public schools of such city, town, village or district. § 5. Any fine and penalty mentioned in this act may be sued for and recovered before any court of record or justice of the peace of the proper county, in the name of the People of the State of Illinois for the use of the public schools of the city, town, village or district in which said child resides. § 6. An act entitled "An act concerning the education of chil- dren," approved June 19, 1S98, in force July 1, 1893, is hereby re- pealed. -7 S. 98 SCHOOL INSPECTORS ELECTED UNDER CERTAIN SPECIAL ACTS. 2 1. Certain districts, containing over 20.000 | ? 2, Moneys raised by taxation, liow drawn and less than 100,000 inhabitants, hav- and applied, ing special charters, though divided for the election of school inspectors, i ? 3. Record of the proceedings of boards of are made undivided districts with | inspectors, added powers for the control and management of schools. ^ *• Emergency. An Act to amend section one of "An act extending the powers of Boards of School Inspectors elected under special acts,^' approved June 19, 1893. Approved and in force June 11, 1897. Section 1, Be it enacted hy the People of the State of Illinois, represented in the General Assembly : That section one of "An act extending the powers of boards of school inspectors elected under special acts," approved June 19, 1898, be amended so as to read as follows: Be it enacted hy the People of the State of Illinois represented in the General Assembly : That in all cities in the State having over 20,000 and less than 100,000 inhabitants, whose schools are now operated under special law, and where, by such law, territory outside of the city limits is added to the territory within the city for school purposes, and where such school district or districts is not co exten- sive with the township in which such city is situated, and where by such special law, boards of school inspectors, consisting of six mem- bers (three in each of two districts) , arc elected, the provisions of any such special law dividing such territory into two districts shall be held to be only for the purpose of electing menbers of the board of school inspectors, and for all other purposes the territory in two such districts shall be held to be included in one school organization, and the board of school inspectors, in addition to the other powers given by such special law, and the general school laws, shall have power to employ teachers, janitors and other employes as such board shall deem necessary, and to fix the amount of their compen- sation, to buy or lease sites for school houses, with the necessary grounds; to build, erect, lease or purchase buildings suitable for school houses, to repair and to improve school houses, and to furnish them with the necessary supplies, fixtures, apparatus, libraries and fuel, and it shall be the duty of such board to take the entire super- vision and control of the schools in such district or districts. § 2. [Act op 1897.] Whereas, An emergency exists, therefore this act shall take effect and be in force from and after its passage. § 2. [Original act.] All moneys necessary for the purposes mentioned in section one of this act shall be raised as now provided by law, not to exceed the amount by law limited, and shall be held by the treasurer as a special fund for school purposes, subject to the order of school inspectors, upon warrants to be countersigned by the mayor and city clerk. § 3. The said board shall provide well-bound books at the ex- pense of the school tax fund, in which shall be kept a faithful 99 Tecord of all its proceedings. The yeas and nays shall be taken and entered on the record of the proceedings of the board upon all ques- tions involving the expenditure of money. § 4. Whereas, An emergency exists, therefore this act shall take effect and be in force from and after its passage. Approved June 19, 1893. SCHOOL INSPECTORS. I 1. Increasing number of school inspectors, § 2. Emergency, elected under special acts, from six to seven members. An Act increasing the number of school inspectors, elected under special acts, from six to seven members. Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That in all cities in this State having over 10,000 and less than 100,000 inhabitants, whose schools are now operated under special law, and where, by such spec- ial law, boards of school inspectors consisting of six members (three in each of two districts) are elected, such board shall hereafter con- sist of sev^n members; and at the time other members of such boards a,re elected in April, 1895, and each three years thereafter, such ad- ditional member shall be elected for a term of three years, by all the voters entitled to vote at school elections of the entire school territory embraced in said two districts; and whenever such additional mem- ber is to be elected, he shall be designated and voted for as "member of board of school inspectors at large." § 2. Whereas, An emergency exists, therefore this act shall take effect and be in force from and after its passage. Approved March 6, 1895. election of boards of EDucATioisr IN certain districts. 1. Election of boards of education in lieu g 2. Emergency, of school directors— Term of office- powers. An Act to amend an act entitled, "An act to provide for the election of boards of education, and the defining of the powers of such boards of education, in school districts organized under special acts of the Legislature of this State, where such school districts are maintained under the general school laws of this State, and where there is no provision in such special acts for the election of boards of education." Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly : Section 1 of an act entitled, "An act to provide for the election of boards of education in school districts organized under special acts of the Legislature of this State, where such school districts are niaintained under the general school law of this State, and where there is no provision in such special acts for the election of boards of education," approved June 10, 1897, in force July 1, 1897, be, and the same is hereby, amended to read as follows : 100 Section 1. That hereafter, an all school districts in this State or- ganized under any special law of this State, and maintaining public schools under any general school laws of this State, where there is no provision in said special acts creating such special school districts, for the election of boards of education as otherwise provided, there shall be elected in each of said special school districts, in lieu of the school directors as now provided, a board of education, to consist of seven members to be elected at the time and in the manner as now provided by the general law for the election and qualification of boards of education in other cases: Provided, That at the first election of such board, which shall be held on the third Saturday in April, A. D. 1898, two of such members shall be elected to serve one year, two to serve two years, and two to serve three years, and a pres- ident of such board shall be elected, whose term of office shall be one year; and annually thereafter there shall be elected in said school district two members of such board, whose term of office shall be three years, and there shall also be elected annually thereafter a pres- dent of said board. Said board of education, when so elected and qualified, shall have all the powers of trustees of schools in school townships as is now provided by general law. Said board of educa- tion, in addition to the powers of trustees aforesaid, shall tilso have all the powers of school directors as is now provided for by the gen- eral school law of this State ; and in addition thereto and inclusive thereof, they shall have all the powers and perform all the duties of boards of education in school districts having a population of not less than one thousand and not over one hundred thousand inhabitants under the general school law as the same now exists and as set forth in article six of the school law, or as shall be conferred by any future alterations thereof by the Legislature. § 2. Whereas, an emergency exists, therefore this act shall take effect from and after its passage. [As amended by act approved May 10, 1901.] KINDERGARTEN SCHOOLS. i 1. School districts, upon authorization by a majority of votes cast at an elec- tion for that purpose, to establish kindergarten schools. ? 2. Teachers' certificates. An Act authorizing school districts managed by hoards of educa- tion and directors to establish and maintain kindergarten schools. Approved April 17, 1895, in force July 1, 1895. Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly : That in addition to other grades or departments now established and maintained the public schools of the State, any school district managed by a board of edu- cation or a board of directors is hereby empowered, when authorized by a majority of all the votes cast at an election for that purpose, such election to be called and held in accordance with the provisions of article IX of an act entitled, "An act to establish and maintain a system of free schools," approved and in force May 21, 1889, to estab- 101 lish in connection with the public schools of such district, a kinder- garten or kindergartens for the instruction of children between the ages of four and six years, to be paid for in the same manner as other grades and departments now established and maintained in the pub- lic schools of such district. No money accruing to such district from the school tax fund of the State shall be used to defray the tuition or ■other expenses of such kindergarten, but the same shall be defrayed from the local tax and the special school revenue of said district. § 2. All teachers in kindergartens established under this act shall hold a certificate issued as provided by law, certifying that the holder thereof has been examined upon kindergarten principles, and is com- petent to teach the same. Appeoved April 17, 1895. teachers' pension and retirement fund. ■i 1. ? 5. Powers of trustee. i 6. Special fund— How created— How and when drawn. § 7. Custodian of fund. I 8. Removals— Contributions refunded to teachers. Teachers' and employes' pension and retirement fund in certain cities — How created— Release from making further payments, how made. g 2. Board of trustees— Administration and investment of fund. g 3. Retirement. =§ 4. Annuity. An Act to provide for the formation and disbursement of a public school teachers^ and public school employes'' pension and retire- ment fund in cities having a population exceeding one hundred thousand inhabitants. Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That the board of education in cities having a population exceeding one hundred thousand inhab- itants, shall have power, and it shall be the duty of said board to create a public school teachers' and public school employes' pension -and retirement fund, and for that purpose set apart the following ■moneys, to- wit: 1. An amount not exceeding one per cent per annum of the re- spective salaries paid to teachers and school employes elected by such board of education, which amount shall be deducted in equal install- ments from said salaries at the regular times for the payment of such salaries. 2. All moneys received from donations, legacies, gifts, bequests, or otherwise, on account of said fund. 3. All moneys which may be derived from any and all sources: Provided, however, that no tax shall ever be levied for said fund. 4. Any public school teacher or public school employ^, a part of whose salary is now or may hereafter be set apart to provide for the fund herein created by this act, may be released from the necessities of making further payments to said fund by filing a written notice of his or her desire to withdraw from complying with the provisions of 102 this act, with said board of trustees, which said resigrnation shall operate and go into effect immediately upon its receipt by said board of trustees. [As amended by act approved May 11, 1901.] § 2. The board of education, together with the superintendent of schools, and two representatives to be selected annually by the teach- ers and employes of the public schools under control of said board, shall form a board of trustees, a majority of whom shall determine the amount to be deducted from the salaries paid to teachers and employes as aforesaid, and shall have charge of, and administer said fund, and shall have power to invest the same as shall be deemed most beneficial to said fund, in the same manner and subject to the same terms and conditions as township treasurers are permitted to invest school funds in article four (4) of an act entitled "An act to establish and maintain a system of free schools," in force May 4, 1889, and shall have power to make payments from said fund of an- nuities granted in pursuance of this act, and shall from time to time make and establish such rules and regulations for the administration of said fund as they shall deem best. § 3. Said board of education shall have power, by a majority vote of all its members, to retire any female teacher or other female school employe who shall have taught in public schools or rendered service therein for a period aggregating twenty years; and any male teacher or male school employe who shall have taught or rendered service for a period aggregating twenty-five years, and such teacher or school employe also shall have the right after said term of service to retire and become a beneficiary under this act: Provided, however, that three fifths of said term of service shall have been rendered by said beneficiary within the limits of the municipality where said board of education has jurisdiction. § 4. Each teacher and school employ^ so retired or retiring shall thereafter be entitled to receive as an annuity one-half of the annual salary paid to said teacher or employ^ at the date of such retirement, said«annuity to be paid monthly during the school year: Provided,, however, that such annuity shall not exceed the sum of six hundred dollars ($600) , which shall be paid by said board of education out of the fund created in accordance with this act in the manner provided by law for the payment of salaries. § 5. Said board of trustees is hereby given the power to use both the principal and the income of said fund for the payment of an- nuities hereinbefore mentioned, and shall have power to reduce, from time to time, the amount of all annuities: Provided, that such re- duction shall be at the same rate in all cases. § 6. The president and secretary of such board of education shall certify monthly to the city treasurer all amounts deducted from the salaries of teachers, special teachers, principals and employes of the board of education in accordance with the provisions of this act, which amounts as well as all other moneys contributed to said fund,. shall be set apart and held by said treasurer as a special fund for the purpose hereinbefore specified, subject to the order of said board of 103 education, superintendent of schools, and two representatives, as aforesaid, and shall be paid out upon warrants signed by the presi- dent and secretary of said board of education. § 7. The city treasurer shall be custodian of said pension fund, and shall secure and safely keep the same subject to the control and direction of said board of trustees, and shall keep his books and ac- counts concerning said fund in such a manner as may be prescribed by the said board. And said books .and accounts shall always be subject to the inspection of the said board or any member thereof. The treasurer shall, within ten days after his election or appoint- ment, execute a bond to the city, with good and sufficient securities, in such penal sum as the said board shall direct, to be approved by the said board, conditioned for the faithful performance of the duties of his office, and that he will safely keep, and well and truly account for all moneys and profits which may come into his hands as such treasurer, and that on the expiration of his term of office he will surrender and deliver over to his successor all unexpended moneys and all property which may have come into his hand as treasurer of such fund. Such bond shall be filed in the office of the clerk of such city, and in case of a breach of the same or the conditions thereof, suit may be brought on the same in the name of said city for the use of said board of trustees or of any person or persons injured by such breach. § 8. No teacher or other school employe who has been or who shall have been elected by said board of education shall be removed or discharged except for cause upon written charges, which shall be investigated and determined by the said board of education whose action and decision in the matter shall be final. If at any time a teacher or school employ^ who is willing to con- tinue is not re- employed or is discharged before the time when he or she would under the provisions of this act be entitled to a pension, then such teacher or school employ^ shall be paid back at once all the money, with interest, he or she may have contributed under the law. Approved May 21, 1895. 104 FLAG LAW. § i. Payment for the flags. § 5. Penalty. § 6. Repeal of former acts. g 1. On courthouses. g 2. On penal and reformatory. State educa- tional and State charitable institu- tions. § 3. On public school buildings. An Act to provide for placing United States national flags on school houses, court houses and other public buildings in this State, and to repeal certain acts therein named. Approved June 2, 1897, in force July 1, 1897. Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That it shall be the duty of the board of supervisors in counties under township organization, and the board of commissioners in counties not under township organization, to provide United States national flags of not less than four by eight feet in size, to be unfurled and kept floating from a suitable flag staff to be placed on the top of the court house in their respective counties, and it is hereby made the duty of the sheriff of each and every county in the State to see that the flag so provided shall be hoisted on its flag staff above the court house and kept floating from eight o'clock a. m. to five o'clock p. m. on each and every legal holiday of the year, and on such other days as the board of supervisors or the board of county commissioners may direct. § 2. The commissioners or trustees of all penal and reformatory, State educational and State charitable institutions of this State shall provide United States national flags of not less than ten by twenty feet in size, and cause the same to be unfurled and kept floating above the said penal and reformatory. State educational and State charitable institutions, or on a suitable flag pole from eight o'clock a. m. to five o'clock p. m, on each and every legal holiday in the year, and on such other days as the commissioners or trustees may deter- mine. § 8. The directors or board of education of every school district in the State of Illinois shall have power to cause to be erected and to keep in repair upon all public school houses or within the school grounds surrounding such public school buildings which may be in their respective school districts, a good and sufficient flag staff or pole, together with all necessary adjustments, and that they shall provide a United States national flag of not less than four by eight feet in size, which shall be floated from such flag staff or pole during the school hours of such days as the directors or board of education may determine: Provided, that the flag shall not be hoisted on any court house, State institution or public school building during any day when a violent storm or inclement weather would destroy or materially injure such flag. § 4. The flag used by any and all State institutions, as provided for in this act, shall be paid for out of the funds appropriated for the running expenses of said institutions, the same as other necessary supplies are bought and paid for, and the flags for use over court 105 houses and public school buildings are hereby declared to be neces- sary supplies, and may be paid for out of the public funds of the re- spective counties or school districts. § 5. Any person or persons who shall wilfully injure, deface or destroy any flag, flag staff or pole, or adjustments attached thereto, erected and arranged for the purpose of carrying out the require- ments of this act, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than one (1) dollar nor more than fifteen (15) dollars. § 6. That an act entitled, "An act to provide for placing the United States national flags on school houses, court houses and other buildings in the State," became a law June 26, 1895, in force July 1, 1895; and an act entitled, "An act to require the United States flag to be placed upon all public buildings in Illinois, or upon a flag pole ■erected within the school grounds surrounding such school build- ings," became a law June 26, 1895, in force July 1, 1895, be and the same are hereby repealed. CLASSES FOR DEAF CHILDREN IN THE PUBLIC SCHOOLS. ? 1. Providing: instruction for deaf children. ? 2. Report to be made annually to State Superintendent. g 3. County superintendent authorized to distribute funds. g 4. Time of distributing funds. ? 5. Teachers appointed by State Superin- tendent. An Act authorizing school districts managed hy boards of educa- tion or directors to establish and maintain classes for the deaf in the public schools, and authorizing payment therefor from State common school funds. Approved June 11, 1897, in force July L, 1897. Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That upon application by a board of education or directors of any school district of the State to the State Superintendent of Public Instruction, he shall grant per- mission to such board of education or directors, and such board of education or directors shall thereupon be empowered to maintain as part of a public school, within its limits, one or more classes, having an average attendance of not less than three pupils, for instruction of deaf persons over the age of three and under twenty- one years, residents of the State of Illinois. § 2. Such board of education or directors which shall maintain one or more classes for the instruction of the deaf shall report to the State Superintendent of Public Instruction annually, and as often as said Superintendent shall direct, such facts concerning such class or classes as he may require. § 3. The county superintendent of schools in each county is hereby authorized and directed to apportion and pay out of the State common school fund received by such county, to the treasurer or other financial officer cf such board of education or directors maintaining such class or classes for the instruction of the deaf, the 106 8um of one hundred and fifty dollars for each deaf pupil, resident of such county, instructed in any such class for at least nine months during the school year, and a share of such sum proportionate to the term of instruction of auy such pupil as shall bd so instructed less than nine months during such year. If no such class shall be main- tained in a public school in any county, but persons residing in such county shall attend such class in an adjoining county with the per- mission of the county superintendent of the county not maintaining such class, then said superintendent shall pay to the financial officer of the board of education or directors of the district maintaining such class the amount above specified for each pupil attending such class in such other county. § 4. The sums provided in the next preceding section shall be paid by such county superintendent of schools as soon as may be after the receipt by him of the State common school fund in each year, upon satisfactory proof being made to him by the president and the secretary or clerk of such board of education or directors main- taining such class, of the number of pupils instructed in such class or classes, and their residences, and the period. of time each such pupil shall have been so instructed in such class or classes for the preceding school year. § 5. All teachers in such classes shall be appointed by the State Superintendent of Public Instruction upon application of the board of education or directors of the school district maintaining such class or classes; the State Superintendent of Public Instruction to- have the power to remove such teachers for cause. No person shall be appointed to teach any such class who shall not have first obtained a teacher's certificate, as provided by law, and who shall not have re- ceived specific instruction in the teaching of the deaf for a term of not less than one year. A MANUAL TRAINING DEPARTMENT FOR TOWNSHIP HIGH SCHOOLS. g 1. 'Election for establishment of manual training department. g 2. Ballots for such election. i 3. Establishment of the training depart- ment. An Act to provide for the establishment and maintenance of man- ual training departments for high schools. Approved June 3^ 1897, in force July 1, 1897. Section 1. Be it enacted hy the People of the State of Illinois, represented in the General Assembly: That upon the petition of not less than fifty voters of any high school district, filed with th& township treasurer at least fifteen days preceding the regular elec- tion of members of the board of education for said high school dis- trict, it shall be the duty of said treasurer to notify the voters of said district that an election "For" or "Against" the establishment of a manual training department for said high school will be held at the next annual election of the board of education by posting notices of such election in at least ten of the most public places throughout the township for at least ten days before the day of such regular election, which notice may be in the following form: 107 HIGH SCHOOL ELECTION. Notice is hereby given that on Saturday, the day of Aprils A. D .an election will be held at for the purpose of voting "For" or "Against" the proposition to establish a manual training de- partment for the high school in township No , range No The polls for said election will be opened at o'clock and close at o'clock of said day. Township Treasurer. § 2. The ballots for such election shall be received and canvassed as in other elections, and may have on them the names of the board of education voted for at said election. § 3. If a majority of the votes cast at such election shall be in- favor of establishing a manual training department for the high school in said district, it shall be the duty of the board of education to establish and maintain therein such department as a part of the. high school. PARENTAL SCHOOLS. ? 1. Establishment of parental schools in Chicago. ? 2. Locating site, providing buildings, etc. § 3. Employment of superintendent, teach- ers, etc.; duties of board. g 4. Religious exercises. g 5. Duties of the truant officer or agent; procedure for commitment. § 6. Issuance of writ; notice to parent or guardian. I 7. Clothing furnished by the board in case of failure of parent or guardian to do so. ? 8. Parole of children to schools. attend other I 9. Monthly report from person in charge of school attended by any paroled child; final discharge. § 10. Penalty for violations of parole. § 11. Court may commit to juvenile reform- atory. § 12. Establishment of school in certain cities upon vote of the people. An Act to enable hoards of education or boards of school trustees to establish and maintain parental or truant schools. Section 1. Be it enacted by the People of the State of Illinois ^ represented in the General Assembly : That in cities having a pop- ulation of 100,000 inhabitants or more, there shall be established,, maintained and conducted, within two years from the date of taking^ effect of this act, one or more parental or truant schools for the pur- pose of affording a place of confinement, discipline, instruction and maintenance of children of compulsory school age who may be com- mitted thereto in the manner hereinafter provided. § 2. For the purpose of establishing such school or schools, sites may be purchased and buildings constructed or premises rented in the same manner as is provided for in the case of public schools in such cities; but no such school shall be located at or near any penal institution. And it shall be the duty of the board of education to furnish such schools with such furniture, fixtures, apparatus and provisions as may be necessary for the maintenance and operation thereof. 108 § 3. The board of education may also employ a superintendent and all other necessary officers, agents and teachers; and shall pre- scribe the methods of discipline and the course of instruction; and shall exercise the same powers and perform the same duties as is prescribed by law for the management of other schools. § 4. No religious instruction shall be given in said school except such as is allowed by law to be given in public schools; but the board of education shall make suitable regulation so that the inmates may receive religious training in accordance with the belief of the parents of such children, either by allowing religious services to be held in the institution or by arranging fqr attendance at public service else- where. § 5. It shall be the duty of any truant officer or agent of such board of education to petition, and any reputable citizen of the city may petition, the county or circuit court of the county, to inquire into the case of any child of compulsory school age who is not attend- ing school, and who has been guilty of habitual truancy, or of persis- tent violation of the rules of the public school, and the petition shall also state the names, if known, of the father and mother of such child, or the survivor of them; and if neither father nor mother of such child is living, or can not be found in the county, or if their names can not be ascertained, then the name of the guardian if there be one known; and if there be a parent living whose name can be ascer- tained, or a guardian, the petition shall show whether or not the father or mother or guardian consents to the commitment of such child to such parental or truant school. Such petition shall be ver- ified by oath upon the belief of the petitioner, and upon being filed the judge of the county or circuit court shall have such child named in the petition brought before him for the purpose of determining the application in said petition contained. But no child shall be committed to such school who has ever been convicted of any offense punishable by confinement in any penal institution. § 6. Upon the filing of such petition the clerk of the court shall issue a writ to the sheriff of the county directing him to bring such child before the court, and if the court shall find that the material facts set forth in the petition are true, and if, in the opinion of the court, such child is a fit person to be committed to such parental or truant school, an order shall be entered that such child be commit- ted to such parental or truant school, to be kept there until he or she arrives at the age of fourteen years unless sooner discharged in the manner hereinafter set forth. Before the hearing aforesaid notice in writing shall be given to the parent or guardian of such child, if known, of the proceedings about to be instituted, that he or she may appear and resist the same if they so desire. § 7. It shall be the duty of the parent or guardian of any child committed to this school to provide suitable clothing upon his or her entry into such school and from time to time thereafter as it may be needed, upon notice in writing from the superintendent or other proper officer of the school. In case any parent or guardian shall refuse or neglect to furnish such clothing, the same may be provided 109 by the board of education, and such board may have an action against such parent or guardian of said child to recover the costs of such clothing with 10 per cent, additional thereto. § 8. The board of education of such city shall have power to es- tablish rules and regulations under which children committed to such parental or truant school may be allowed to return home upon parole, but to remain while upon parole in the legal custody and under the control of the officers and agents of such school, and subject at any time to be taken back within the enclosure of such school by the su- perintendent or any authorized officer of said school except as here- inafter provided ; and full power to enforce such rules and regulations to retake any such child so upon parole is hereby conferred upon said board of education. No child shall be released upon parole in less than four weeks from the time of his or her commitment, nor thereafter until the superintendent of such parental or truant school shall have become satisfied from the conduct of the child that, if paroled, he or she will attend regularly the public or private school to which he or she may be sent by his or her parents or guardian and shall so certify to the board of education. § 9. It shall be the duty of the principal or other person having charge of the school to which such child so released on parole may be sent to report at least once each month to the superintendent of the parental or truant school, stating whether or not such child at- tends school regularly and obeys the rules and requirements of said school; and if such child so released upon parole shall be regular in his or her attendance at school and his or her conduct as a pupil shall be satisfactory for a period of one year from the date which he or she was released on parole, he or she shall then be finally dis- charged from the parental or truant school, and shall not be recom- mitted thereto except on petition as hereinbefore provided. § 10. In case any child released from said school upon parole, as hereinbefore provided, shall violate the conditions of his or her pa- role at any time within one year thereafter, he or she shall upon the order of the board of education, as hereinbefore provided, be taken back to such parental or truant school and shall not be again released upon parole within the period of three months from the date of such re-entering; and if he or she shall violate the conditions of a second parole he or she shall be recommitted to such parental or truant school and shall not be released therefrom on parole until he or she shall remain in said school at least one year. § 11. In any case where a child is found to be incorrigible and his or her influence in such school to be detrimental to the interests of the other pupils, the board of education may authorize the super- intendent or any officer of the school to represent these facts to the circuit or county court by petition, and the court shall have authori- ty to commit said child to some juvenile reformatory. § 12. Boards of education in cities having a population of over 25,000 and less than 100,000 may establish, maintain and operate a parental or truant school for the purposes hereinafter specified, and in case of the establishment of such a school, the boards of education 110 shall have like power in their respective cities as herebefore [herein- before] expressed: Provided, that no board of trustees or board of education under this section shall put this law into effect until sub- mitted to a vote of the people and adopted by a majority vote at some general election. Approved April 24, 1899. GIVING CERTAIN CITIES WITH SPECIAL SCHOOL CHARTERS THE GOVERNMENT OF SCHOOLS IN ANNEXED TERRITORY. An Act giving cities organized under special charters and having the government of public schools under such charters, the govern- ment of public schools in any territory annexed to said cities, .ivith the right to levy and assess taxes for school purposes against the property in said territory so annexed. Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That in all cities in this State, having a population of less than twenty thousand, and incor- porated under any special law, whose public or common schools within the corporate limits of said city are governed by virtue of such special acts, where any territory has been heretofore, or may hereafter be annexed to said city for general corporate purposes, such territory so annexed shall be included in, and shall be subject to the control and government of said cities for school purposes up- on petition signed by a majority of the legal voters in the territory to be annexed as fully and to the same extent as if the said territory were originallj'^ within the corporate limits of said city as created by such special acts, and said territory, when so annexed, shall thereby become disconnected from any school district to which, prior to such annexation, it may have been connected or belonged. § 2. All cities referred to in section 1 of this act shall have the right to levy, assess and collect taxes for school purposes in the terri- tory so annexed, in the same manner, and as fully and to the same extent as the said cities may now have said right over the territory comprised within the original corporate limits of said cities. Approved April 12, 1899. BOARDS OF TRUSTEES, DIRECTORS OR MANAGERS OF EDUCATIONAL INSTITUTIONS TO ELECT THEIR PRESIDENTS. An Act to provide that the board of trustees, directors or managers, or the !the board, and until his successor is elected. 118 § 12. At each biennial meeting, it shall be the duty of the board to appoint a treasurer, who shall not be a member of the board, and who shall give bond with such security as the board may direct, con- ditioned for the faithful discharge of the duties of his office. § 13. This act shall take effect on and after its passage, and be- published and distributed as an appendix to the school law. Approved February 18, 1857. SOUTHERN ILLINOIS NORMAL UNIVERSITY, CARBONDALE. An Act to establish and maintain the Southern Illinois Normal University. Section 1. Be it enacted by the People of the State of Illinois represented in the General Assembly: That a body politic and cor- porate is hereby created, by the name of the Southern Illinois Nor- mal University, to have perpetual succession, with power to contract^ and be contracted with, to sue and be sued, to plead and be im- pleaded, to receive, by any legal mode of transfer or conveyance,, property of any description, and to have, hold and enjoy the same^ with the rents and profits thereof, and to sell and convey the same; also, to make and use a coporate seal with power to break or change the same, and to adopt by-laws, rules and regulations for the govern- ment of its members, officers, agents and employes: Provided, such by-laws shall not conflict with the Constitution of the United States or of this State. § 2. The objects of the said Southern Illinois Normal University shall be to qualify teachers for the common schools of this State by imparting instruction in the art of teaching in all branches of study which pertain to a common school education, in the elements of the nat- ural sciences, including agricultural chemistry, animal and vegetable- physiology, in the fundamental laws of the United States, and of the- State of Illinois, in regard to the rights and duties of citizens, and such other studies as the board of education may, from time to time,, prescribe. § 3. The powers of the said corporation shall be vested in, and its duties performed by, a board of trustees, not exceeding five ia number, to be appointed as hereinafter provided. § 4. Upon the passage of this act, the Governor shall nominate- and, by and with the advice of the Senate, appoint five citizens of the State as trustees of said institution, two of whom shall serve for two years, and three for four years, and until their successors are ap- pointed and enter on duty, and successors in each class shall be ap- pointed in like manner for four years: Provided, that in case of a vacancy by death or otherwise, the Governor shall appoint a suc- cessor for the remainder of the term vacated: Provided, that not more than two members of said board shall be residents of any one county. 119 § 5. The said trustees shall hold their first meeting at Centralia, within one month after the passage of this act, at which meeting they shall elect one of their body as president and another as secre- tary; and cause a regular record to be made and kept of all their pro- ceedings. The said board shall also, whenever his services shall be required, appoint a treasurer not a member of the board, who shall give bonds to the People of the State of Illinois in double the amount of the largest sum likely to come into his hands, the penalty to be fixed by the board, conditioned for the faithful discharge of his duties as treasurer, with two or more securities; the treasurer may also be required to execute bonds from time to time as the board may direct. § 6. The treasurer shall keep an accurate account of all moneys received and paid out; the account for articles and supplies of every kind purchased shall be kept and reported, so as to show the kind, quantity and cost thereof. § 7. No member, ofl&cer, agent or employ^ of the board shall be a party to or interested in any contract for materials, supplies or ser- vices other than such as pertain to their positions and duties. § 8. Accounts of this institution shall be stated and settled annu- ally with the Auditor of Public accounts, or with such person or per- sons as may be designated by law for that purpose. And the trustees shall, ten days previous to each regular session of the General As- sembly, submit to the Governor a report of all their actions and pro- ceedings in the execution of their trust, with a statement of all ac- counts connected therewith, to be by the Governor laid before the General Assembly. § 9. The said board shall meet quarterly at such places or place as may be agreed on, and, until the buildings are completed, as much oftener as may be necessary; and thereafter the meetings shall be at the university. § 10. The trustees shall, as soon as practicable, advertise for pro- posals from localities desiring to secure the location of said normal university, and shall receive for not less than three months from the date of their first advertisement, proposals from points situated as hereinafter mentioned, to donate lands, buildings, bonds, moneys, or other valuable consideration, to the State in aid of the foundation and support of said university; and shall, at a time previously fixed by advertisement, open and examine such proposals, and locate the institution at such a point as shall, all things considered, offer the most advantageous conditions. The land shall be selected south of the railroad, or within six miles north of said road, passing from St. Louis to Terre Haute, known as the Alton and Terre Haute railroad, with a view of obtaining a good supply of water and other conveni- ences for the use of the institution. § 11. Upon the selection and securing of the land aforesaid, the trustees shall proceed to contract for the erection of buildings in which to furnish educational facilities for such number of students as hereinafter provided for, together with the out-houses required for use, also for the improvement of the land so as to make it available 120 for the use of the institution. The buildings shall not be more than two stories in height, and be constructed upon the most approved plan for use, shall front to the east, and shall be of sufficient capacity to accomodate not exceeding three hundred students, with the officers and necessary attendants. The outside walls to be of hewn stone or brick, partition walls of brick, roofs of slate, and the whole buildings made fire-proof, and so constructed as to be warmed in the most healthy and economical manner, with ample ventilation in all its parts. The out-houses shall be so placed and constructed as to avoid all danger to the main buildings from fire originating in any one of them. The board shall appoint an honest, competent superin- tendent of the buildings and improvements aforesaid, whose duty it shall be to be always present during the progress of the work, and see that every stone, brick and piece of timber used is sound and properly placed, and whose right it shall be to require contractors and their employes to conform to his directions in executing their contracts: Provided, however, that said board of trustees may ap- point any one of their number such superintendent: And, provided further, that the buildings aforesaid may be erected and improve- ments made under the direction of the board and its superintendent, without letting the same to contractors. § 12. The said board of trustees shall appoint instructors and in- structresses, together with such other officers as may be required in- the said normal university; fix their respective salaries and prescribe their several duties. They shetU also have power to remove any of them for proper cause after having given ten days' notice of any charge which may be duly presented, and reasonable opportunity of defense. They shall also prescribe the text-books, apparatus and furniture to be used in the university and provide the same, and shall make all regulations necessary for its management. § 13. All the counties shall be entitled to gratuitous instruction for two pupils for each county in said normal university, and each representative district shall be entitled to gratuitous instruction for a number of pupils equal to the number of representatives in said dis- trict, to be chosen in the following manner: The superintendent of schools in each county shall receive and register the names of all ap- plicants for admission in said normal university, and shall present the same to the county court, or, in counties acting under township organization, to the board of supervisors, which said county court or board of supervisors, as the case may be, shall, together with the superintendent of schools, examine all applicants so presented, in such manner as the board of trustees may direct; and from the num- ber of such as shall be found to possess the requisite qualifications, such pupils shall be selected by lot, and in representative districts composed of more than one county, the superintendent of schools and county judge, or the superintendent of schools and chairman of the board of supervisors in counties acting under township organiza- tion, as the case may be, of the several counties composing such rep- resentative district, shall meet at the clerk's office of the county court of the oldest count}'^, and from the applicants so presented to 121 ihe county court or board of supervisors of the several counties rep- resented, and found to possess the requisite qualifications, shall se- lect by lot the number of pupils to which said district is entitled. The board of trustees shall have discretionary power, if any candi- date does not sign and file with the secretary of the board a declara- tion that he or sbe will teach in the public schools within the State not less than three years, in case that engagements can be secured by reasonable efforts, to require [the] candidate to provide for the pay- ment of such fees for tuition as the board may prescribe. § 14. To enable the board of trustees to erect the buildings and make the improvements preparatory to the reception of pupils in said institution, and to supply the necessary furniture for the same, the sum of seventy-five thousand dollars is hereby appropriated out of the State treasury, payable on the orders of said board, as required for use, in sums not exceeding ten thousand dollars per month. The first payment to be made on the first day of June next, and subse- quent payments monthly thereafter, but each successive order for subsequent payments shall be accompanied by an account sustained by vouchers, showing, to the satisfaction of the Auditor, the expen- diture of the previous payment. § 15. The expense of building, improving, repairing and supply- ing fuel and furniture, and the salaries or compensation of the trus- tees, superintendent, assistants, agents and employes, shall be a charge upon the State treasury; all other expenses shall be charge- able against pupils, and the trustees shall regulate the charges ac- cordingly. §16. If the buildings and improvements herein provided for •shall be ready for the reception of pupils before the next regular •session of the General Assembly, the Governor is authorized to make orders on the Auditor, directing him to issue warrants at the end of each quarter of the fiscal year for amounts sufficient to pay the ex- ipenses chargeable against the State, and the Auditor shall issue war- rants accordingly, which shall be paid by the Treasurer. § 17. The trustees of this institution shall receive their personal and traveling expenses, and the Auditor is hereby authorized to issue ihis warrant quarterly, upon taking the affidavit of the trustees as to 'the actual time employed, and their personal and traveling expenses. § 18. This act shall take effect and be in force from and after its passage. Approved March 9, 1869. EASTERN ILLINOIS STATE NORMAL SCHOOL, CHARLESTON. An [Act] To establish and maintain the Eastern Illinois State Normal School. Section 1. Be it enacted by the People of the State of Illinois represented in the General Assembly : That a body politic and -corporate is hereby created, by the name of the Eastern Illinois 'State Normal School, to have perpetual succession with power to 122 contract and be contracted with, to sue and be sued, to plead and be impleaded, to receive by any legal mode or [of] transfer or conveyance property of any description, and to have and hold and enjoy the same; also to make and use a corporate seal with power to break or change the same, and adopt by-laws, rules and regulations for the government of its members, official agents and employes: Provided, such by-laws shall not conflict with the Constitution of the United States or of this State. § 2. The object of the said Eastern Illinois State Normal School shall be to qualify teachers for the common schools of this State by imparting instruction in the art of teaching in all branches of study which pertain to a common school education; in the elements of the natural and of the physical sciences; in the fundamental laws of the United States and of the State of Illinois, in regard to the rights and duties of citizens. § 3. The powers of the said corporations shall be vested [in] and its duties performed by, a board of trustees, not exceeding five in number, to be appointed as hereinafter provided. § 4. Upon the passage of this act, the Governor shall nominate and, by and with the advice of the Senate, shall appoint five citizens who shall be residents of the State of Illinois, as trustees of said in- stitution, two of whom shall serve for two years and three for four years, and until their successors are appointed and enter on duty; and successors in each class shall be appointed in a like manner for four years: Provided, that in case of a vacancy by death or other- wise, the Governor shall appoint a successor for the remainder of the term vacated: Provided, that no two members of said board shall be residents of any one county. The Superintendent of Public Instruc- tion shall be a trustee of said school, ex-officio. [As amended by act approved Feb. 18, 1897.] § 5. The said trustees shall hold their first meeting at within one month from the time this act goes into effect, at which meeting they shall elect one of their body as president and another as secretary, and cause a regular record to be made and kept of all their proceedings. The said board shall also, whenever his services shall be required, appoint a treasurer, not a member of the board, who shall give bonds to the People of the State of Illinois in double the amount of the largest sum likely to come into his hands, the penalty to be fixed by the board, conditioned for the faithful dis- charge of his duties as treasurer, with two or more securities; the treasurer may also be required to execute bonds from time to time as- the board may direct. § 6. The treasurer shall keep an accurate account of all moneys; received and paid out; the account for articles and supplies of every kind purchased shall be kept and reported, so as to show the kind, quantity and cost thereof. § 7. No member, officer, agent or employ^ of the board shall be a party to, or interested in, any contract for materials or supplies. 123 § 8. Accounts of this institution shall be stated and settled an- nually with the Auditor of Public Accounts, or with such person or persons as may be designated by law for that purpose. And the trustees shall, ten days previous to each regular session of the Gen- eral Assembly, submit to the Governor a report of all their actions and proceedings in the execution of their trust, with a statement of all accounts connected therewith, to be by the Governor laid before- the General Assembly. § 9, The said board shall meet quarterly at such place or places as may be agreed on, and, until the buildings are completed, as much oftener as may be necessary, and thereafter the meetings shall be at the school. § 10. The trustees shall, as soon as practicable after their ap- pointment, arrange to receive from the localities desiring to secure the location of said school, proposals for donation of a site, of not less than forty acres of ground, and other valuable considerations,, and shall locate the same in the place offering the most advantageous conditions, all things considered, in that portion of the State lying north of the Baltimore & Ohio Southwestern Railroad, and south of the Wabash Railway, and east of the main line of the Illinois Cen- tral Railroad, and the counties through which said roads run, with a view of obtaining a good water supply and other conveniences for the use of the institution. § 11. Upon the selection and securing of the land aforesaid, the trustees shall proceed to secure plans, and to contract for the erec- tion of buildings in which to furnish educational facilities for such number of students as hereinafter provided for, together with the out- houses required for use; also for the improvement of the land so as to make it available for the use of the institution. The buildings^ shall not be more than two stories in height, and be constructed upon the most approved plans for use, and shall be of sufficient capacity to accommodate not less than one thousand students, with the offi- cers and necessary attendants. The outside walls to be of hewn stone or brick, partition walls of brick, or equally good fire-proof material; roof of slate, and the whole building made fire-resisting,, and so constructed as to be warmed in the most healthful and eco- nomical manner, with ample ventilation in all its parts. The out- houses shall be so placed and constructed as to avoid all danger to the main buildings from fire originating in any one of them. The board shall appoint a trustworthy and competent superintendent of the buildings and improvements aforesaid, whose duty it shall be to be always present during the progress of the work, and see that every brick, stone or piece of timber used is sound and properly placed,, and whose right it shall be to require contractors and their employes to conform to his directions in executing their contracts: Provided, however, that said board of trustees shall not appoint any one of their number such superintendent: And, provided further, that the buildings aforesaid may be erected and improvements made un- der the direction of the board and superintendent, without letting: the same to contractors. 124 '§ 12. The said board of tmstees shall appoint instructors, together -with such other officers as may be required in the said normal schools, .fix their respective salaries and prescribe their several duties. They shall also have power to remove any of them for proper cause after having given ten days' notice of any charge which may be duly pre- sented, and reasonable opportunity of defense. They shall also pre- scribe the text- books, apparatus and furniture to be used in the school, and provide the same, and shall make all regulations neces- sary for this management. § 13. All the counties of the State shall be entitled to gratuitous instruction for two pupils for each county in said normal school, and each representative district shall be entitled to gratuitous instruction for a number of pupils equal to the number of representatives in said district, to be chosen in the following manner: The superin- tendent of schools in each county shall receive and register the names of all applicants for admission in said normal school, and shall present the same to the county court, or in counties acting under township organization, to the board of supervisors, as the case may he, shall, together with the superintendent of schools, examine all applicants so presented, in such manner as the board of trustees may direct; and from the number of such as shall be found to possess the requisite qualifications, such pupils shall be selected by lot ; and in representative districts composed of more than one county, the su- perintendent of schools and county judge, or the superintendent of vschools and the chairman of the board of supervisors in counties acting under township organization, as the case may be, of the sev- eral counties composing such representative district, shall meet at the clerk's office of the county court of the oldest county, and from the applicants so presented to the county court or board of super- visors of the several counties represented, and found to possess the requisite qualifications, shall select by lot the pupils to which said district is entitled. The board of trustees shall have discretionary power, if any candidate does not sign and file with the secretary of the board a declaration that he or she will teach in the public schools within the State not less than three years, in case that engagements ■can be secured by reasonable efforts, to require the candidate to pro- vide for the payment of such fees for tuition, as the board may pre- scribe. § 14. To enable the board of trustees to erect the buildings and make the improvements preparatory to the reception of pupils in said institution, to supply the necessary furniture for the same, and for the first year's instruction, the sum of fifty thousand dollars is hereby appropriated out of the State treasury, payable on the orders of said board, as required for use, in sums not exceeding ten thous- and dollars per month; the first payment to be made on the first day of July, 1896, and subsequent payments shall be accompanied by an account, sustained by vouchers, showing to the satisfaction of the Auditor and with the approval of the Governor, the expenditure of the previous payment. § 15. The expense of the building, improving, repairing and sup- plying fuel and furniture, and the necessary appliances and appara- 125. tus for conducting said school, and the salaries or compensation of" the trustees, superintendent, assistants, agents and employes, shall be a charge ubon the State treasury; all other expenses shall be charge-, able against pupils and the trustees shall regulate the charges accord- ingly. § 16. If the buildings and improvements herein provided for shall be ready for the reception of pupils before the next regular session of the General Assembly, the Governor is authorized to make orders on the Auditor, directing him to issue warrants at the end of each quarter of the fiscal year for amounts sufficient to pay expenses chargeable against the State out of the above named appropriation of fifty thousand dollars, and the Auditor shall issue warrants accord- ingly, which shall be paid by the Treasurer. § 17. The trustees of the institution shall receive their personal and traveling expenses, and the Auditor is hersby authorized to issue warrants quarterly, upon taking the affidavit of the trustees as to the actual time employed, and their personal and traveling expenses. Approved May 22, 1895. NORTHERN ILLINOIS STATE NORMAL SCHOOL, DEKALB. An Act to establish and maintain the Northern Illinois State Normal School. Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly : That a body politic and cor- porate is hereby created, by the name of the Northern Illinois State Normal School, to have perpetual succession, with power to contract and be contracted with, to sue and be sued, to plead and be im- pleaded, to receive by any legal mode or [of] transfer or conveyance property of any description, and to have and hold and enjoy the same; also to make and use a corporate seal with power to break or change the same, and adopt by-laws, rules and regulations for the government of its members, official agents and employes: Provided, such by-laws shall not conflict with the Constitution of the United' States or of this State. § 2. The object of the said Northern Illinois State Normal School shall be to qualify teachers for the common schools of this State by imparting instruction in the art of teaching in all branches of study which pertain to a common school education, in the elements of the natural and of the physical sciences, in the fundamental laws of the United States and of the State of Illinois, in regard to the rights and duties of citizens. § 3. The powers of the said corporation shall be vested [in,] and its duties performed by, a board of trustees, not exceeding five in number, to be appointed as hereinafter provided. § 4. Upon the passage of this act, the Governor shall nominate, and by and with the advice of the Senate, appoint five citizens of the State as trustees of said institution, two of whom shall serve for two ■ years, and three for four years, and until their successors are ap- 126 pointed and enter on duty, and successors in each class shall be ap- pointed in like manner for four years: Provided, that in case of a vacancy by death or otherwise, the Governor shall appoint a suc- cessor for the remainder of the term vacated: Provided, that no two members of said board shall be residents of any one county, or in one congressional district. The Superintendent of Public Instruction shall be a trustee of this school, ex-officio. § 5. The said trustees shall hold their first meeting at within one month from the time this act goes into effect, at which meeting they shall elect one of their body as presi- dent and another as secretary, and cause a regular record to be made and kept of all their proceedings. The said board shall also, when- ever his services shall be required, appoint a treasurer, not a member of the board, who shall give bonds to the People of the State of Illi- nois in double the amount of the largeit sum likely to come into his hands, the penalty to be fixed by the board, conditioned for the faith- ful discharge of his duties as treasurer, with two or more securities; the treasurer may also be required to excute bonds from time to time as the board may direct. § 6. The treasurer shall keep an accurate account of all moneys received and paid out; the account for articles and supplies of every kind purchased shall be kept and reported, so as to show the kind, quantity and cost thereof. § 7. No member, officer,agent or employ 6 of the board shall be a party to, or interested in any contract for materials or supplies. § 8. Accounts of this institution shall be stated and settled an- nually with the Auditor of Tublic Accounts, or with such person or persons as may be designated by law for that purpose. And the trus- tees shall, ten days previous to each regular session of the General Assembly, submit to the Governor a report of all their actions and * proceedings in the execution of their trust, with a statement of all accounts connected therewith, to be by the Governor laid before the General Assembly. § 9. The said board shall meet quarterly at such place or places as may be agreed on, and, until the buildings are completed, as much of tener as may be necessary, and thereafter the meetings shall be at the school, § 10. The trustees shall, as soon as practicable after their appoint- ment, arrange to receive from the localities desiring to secure the location of said school, proposals for the donation of a site, of not less than forty acres of ground, and other valuable considerations, and shall locate the same in the place offering the most advantageous conditions, all things considered, as nearly central as possible in that portion of the State lying north of the main line of the 0. R. I. & P. R. R.., with a view of obtaining a good water supply and other con- veniences for the use of the institution. § 11. Upon the selection and securing of the land aforesaid, the trustees shall proceed to secure plans and to contract for the erection of buildings in which to furnish educational facilities for such num- 127 ber of studen4;s as hereinafter provided for, together with the out- houses required for use, also for the improvement of the land so as to make it available for the use of the institution, The building shall not be more than two stories in height, and' be constructed upon the most approved plan for use, and shall be of sufficient capacity to ac- commodate not lesti than one thousand students, with the officers and necessary attendants. The outside walls to be of hewn stone or brick; partition walls of brick, or equally good fire-proof rhaterial; roof of slate, and the whole buildings made fire-resisting, and so con- structed as to be warmed in the most healthful and economical man- ner, with ample ventilation in all its parts. The outhouses shall be so placed and constructed as to avoid all danger to the main build- ings from fire originating in any one of them. The board shall ap- point a trustworthy and competent superintendent of the buildings and improvements aforesaid, whose duty it shall be to be always pres- ent during the progress of the work and see that every brick, stone and piece of timber used is sound and properly placed, and whose right it shall be to require contractors and their employes to conform to his directions in executing their contracts: Provided, however, that said board of trustees shall not appoint any one of their number such superintendent: And, provided further, that the buildings aforesaid may be erected and improvements made under the direction of the board and superintendent without letting the same to contrac- tors. § 12. The said board of trustees shall appoint instructors, together with such other officers as may be required in thesaid normal schools, fix their respective salaries and prescribe their several duties. They shall also have power to remove any of them for proper cause after having given ten days notice of any charge which may be duly pre- sented, and reasonable opportunity of defense. They shall also pre- scribe the text books, apparatus and furniture to be used in the school and provide the same, and shall make all regulations necessary for this management. § 13. All the counties of the State shall be entitled to gratuitous instruction for two pupils for each county in said normal school, and each representative district shall be entitled to gratuitous instruc- tion for a number of pupils equal to the number of representatives in said district, to be chosen in the following manner: The superin- tendent of schools in each county shall receive and register the names of all applicants for admission in said normal school, and shall present the same to the county court, or in the counties acting under township organization, to the board of supervisors, as the case may be, shall, together with the superintendent of schools, examine all applicants so presented, in such manner as the board of trustees may direct, and from the number of such shall be found to possess the requisite qualifications, such pupils shall be selected by lot, and in representative districts composed of more than one county, the super- intendent of schools and county judge, or the superintendent of schools and the chairman of the board of supervisors in the counties acting under township organization, as the case may be, of the sev- eral counties composing such representative district shall meet at 128 the clerk's office of the county court of the oldest county, anl from the applicants so presented to the county court or board of super- visors of the several counties represented, and found to possess the requisite qualifications, shall select by lot the pupils to which said district is entitled. The board of trustees shall have discretionary power, if any candidate does not sign and file with the secretary of the board a declaration that he or she will teach in the public schools within the State not less than three years, in case that engagements can be secured by reasonable efforts, to require the candidate to pro- vide for the payment of such fees for tuition as the board may prescribe. § 14. To enable the board of trustees to erect the buildings and make the improvements preparatory to the reception of pupils in said institution, to supply the necessary furniture for the same, and for the first year's instruction, the sum of fifty thousand dollars is hereby appropriated out of the State treasury, payable on the orders of said board, as required for use, in sums not exceeding ten thousand dollars per month, the first payment to be made on the first day of July, 1896, and subsequent payments shall be accompanied by an account, sustained by vouchers, showing to the satisfaction of the Auditor the expenditure of the previous payment, and approved by the Governor. § 15. The expense of the building, improving, repairing and supplying fuel and furniture, and the necessary appliances and ap- paratus for conducting said school, and the salaries or compensation of the trustees, superintendent, assistants, agents and employes, shall be a charge upon the State treasury; all other expenses shall be chargeable against pupils, and the trustees shall regulate the charges accordingly. § 16. If the buildings and improvements herein provided for shall be ready for the reception of pupils before the next regular session of the General Assembly, the Governor is authorized to make orders on the Auditor, directing him to issue warrants at the end of each quar- ter of the fiscal year for amounts sufficient to pay expenses charge- able against the State out of the above named appropriation of fifty thousand dollars, and the Auditor shall issue warrants accordingly, which shall be paid by the treasurer. § 17. The trustees of this institution shall receive their personal and traveling expenses, and the Auditor is hereby authorized to issue warrants quarterly, upon taking the affidavit of the trustees as to the actual time employed, and their personal and traveling expenses. Approved May 22, 1»95. WESTERN ILLINOIS STATE NORMAL SCHOOL. An Act to establish and maintain the Western Illinois State Nor- mal School. Section 1. Be it eiiaded by the People of the Sta e of Illinois, represented in the General Assembly: That a body politic and 129 corporate is hereby created, by the name of the Western Illinoig State Normal School, to have perpetual succession, with power to contract and be contracted with, to sue and be sued, to plead and be impleaded, to receive by any legal mode or [of] transfer or conveyance. property of any description, and to have and hold and enjoy the same; also, to make and use a corporate seal, with power to break or change the same; to adopt by-laws, rules and regulations for the government of its members, otficial agents and employes: Provided, such by-laws shall not conflict with the constitution of the United States or of this State. § 2. The object of the said Western Illinois State Normal School shall be to qualify teachers for the common schools of this State by imparting instruction in the art of teaching in all branches of study which pertain to a common school education, and such other studies as the board of trustees may from time to time prescribe. § 3. The powers of the said corporation shall be vested in, and its duties performed by, a board of trustees not exceeding five in number, to be appointed as hereinafter provided. § 4. Upon the passage of this act the Grovernor shall nominate, and by and with the advice of the Senate appoint, five citizens of the State as trustees of said institution, two of whom shall serve for two years, and three for four years, and until their successors are ap- pointed and enter on duty; and successors in each class shall be appointed in like manner for four years: Provided, however, that in case of a vacancy by death or otherwise, the Governor shall ap- point a successor for the remainder of the term vacated: And, pro- vided further, that no two members of said board of trustees shall be residents of anyone county. The superintendent of public in- struction shall be a trustee of said school, ex-officio. § 5. The board of trustees shall hold their first meeting at ^ within one month from the time this act goes into effect, at which meeting they shall elect one of their body president, another secretary, and cause a regular record to be made and kept of all their proceedings. The board of trustees shall also appoint a treasurer, not a member of said board, who shall give bonds to the people of the State of Illinois in double the amount of the largest sum likely to come into his hands, the penalty to be fixed by the board of trus- tees, conditioned for the faithful discharge of his duties as treasurer, with two or more persons as securities. § 6. The treasurer shall keep an accurate account of all moneys received and paid out; the account for articles and supplies of every kind purchased shall be kept and reported, so as to show the kind, quantity and cost thereof. § 7. No member, officer or agent of the board of trustees shall be a party to or interested in any contract for materials and supplies. § 8. Accounts of this institution shall be stated and settled an- nually with the Auditor of Public Accounts. The board of trustees shall, ten days previous to each regular session of the General As- —9 S. 130 sembly, submit to the Governor a report of all their actions and pro- ceedings in the execution of their trust, with a statement of all ac- counts connected therewith, to be by the Governor laid before the General Assembly. § 9. The board of trustees shall meet quarterly at such place or places as may be agreed on, and, until the building is completed, as much oftener as may be necessary, but thereafter the meetings shall be at the school. § 10, The board of trustees shall, as soon as practicable after their appointment, arrange to receive from the localities desiring to secure the location of said school, proposals for donation of a suita- ble site and other valuable considerations, and shall locate the same in the place ofPering the most advantageous conditions, all things considered, as nearly central as possible in that portion of the State lying west of the fourth principal meridian, in what is known as the "military tract," with a view of obtaining a good water supply and other conveniences for the use of said institution. § 11. Upon the selection and securing of the land aforesaid the board of trustees shall proceed to secure plans and to contract for the erection of a building in which to furnish educational facilities for such number of students as hereinafter provided for; also for the improvement of the land, so as to make it available for the use of the institution. The building shall be constructed upon the most ap- proved plans for use, and shall be of sufficient capacity to accommo- date not fewer than five hundred students, with the officers and necessary attendants. The outside walls to be of stone or brick, par- tition walls of brick, and the entire building made fire-resisting and so constructed as to be warmed in the most healthful and economical manner, with ample ventilation in all its parts. Said plans shall be accompanied by specifications and an itemized statement of the amount required for the erection and completion of the building in accordance therewith ; but no plans or specifications shall be adopted by the board of trustees until the same shall have been submitted to and approved by the Governor. The board of trustees shall appoint a competent and trustworthy superintendent of the building and improvements aforesaid, whose duty it shall be to be present during the progress of the work and to see that every brick, stone and piece of timber used is sound and properly placed, and whose right it shall be to require contractors and their employes to conform to his directions in executing their contracts: Provided, however, that said board of trustees shall not appoint any one of its number such superintendent: And, provided further, that the building aforesaid may be erected and the improve- ments made under the direction of the board of trustees and superin- tendent without letting the same to contractors. § 12. The board of trustees shall appoint instructors and such officers as may be required in said school, fix their respective salaries, prescribe their several duties, and shall have power to remove any of them for proper cause. 131 It shall prescribe the text books, apparatus and furniture to be -used in said school, and provide the same, and shall make all rules and regulations necessary for its management. § 13. Each county in the State shall be entitled to gratuitous in- struction for one pupil in said school, to be chosen in the following manner: The superintendent of schools in each county shall re- ■ceive and register the names of all applicants for admission to said school, and shall examine said applicants at such time and in such manner as the board of trustees may direct, and the applicant found io possess the highest qualifications shall be accepted as the pupil to which said county is entitled. The board of trustees shall have the power, if such pupil does not sign and file with the secretary of the board of trustees a declaration that he or she will teach in the public schools within this State not fewer than three years, in case that en- gagements can be secured b}? reasonable efforts, to require said pupil to provide for the payment of such fees for tuition as the board of trustees may prescribe. §. 14. To enable the board of trustees to erect said building, to supply the necessary furniture for the same, to improve said land and for the first year's instruction, the sum of seventy-five thousand dollars is hereby appropriated out of the State treasury, payable on the orders of said board of trustees as required for use, in sums not to exceed ten thousand dollars per month, the first payment to be made on the first day of July, 1900, and subsequent payments shall be accompanied by an account, sustained by vouchers, showing to the ■satisfaction of the Auditor, and with the approval of the Governor, the expenditure of the previous payment. §. 15. The expense of the building, improving, repairing and sup- plying fuel and furniture, the necessary apparatus for conducting said school, the salaries or compensation of the trustees, superintend- ents, assistants, agents and employes shall be a charge upon the State treasury; all other expenses shall be chargeable against the pupils of said school, and the board of trustees shall regulate the charges accordingly. § 16. The trustees of said school shall receive only their personal and traveling expenses, and the Auditor is hereby authorized to is- sue warrants quarterly, upon presentation of itemized statements of such accounts by said trustees, verified by affidavits, as to their actual personal and traveling expenses. Approved April 24, 1899. COUNTY NORMAL SCHOOLS. An Act to enable counties to establish county normal schools. Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That in each county adopt- ing township organization, the board of supervisors, and in other counties the county court, may establish a county normal school for the purpose of fitting teachers for the common schools. That they shall be authorized to levy taxes and appropriate moneys for the sup- 1S2 port of said schools, and also for the purchase of necessary grounds and buildings, furniture, apparatus, etc., and to hold and acquire, by gift or purchase, either from individuals or corporations, any real estate, buildings or other property, for the use of said schools, said taxes to be levied and collected as all other county taxes : Provided, that in counties not under township organization, county courts shall not be authorized to proceed under the provisions of this act until the subject shall have been submitted to a vote of the people, at a general election, and it shall appear that a majority of all the votes cast on the subject, at said election, shall be in favor of the establish- ment of a county normal school. The ballots used in voting on this subject may read: "For a county normal school," or "Against a county normal school." § 2. The management and control of said school shall be in a county board of education, consisting of not less than five or more than eight persons, of which board the chairman of the board of supervisors, or the judge of the county court, as the case may be, and the county superintendent of schools, shall be ex-officio members. The other members shall be chosen by the board of supervisors or county court, and shall hold their offices for the term of three years. But at the first election one-third shall be chosen for one year, one- third for two years, and one-third for three years, and thereafter one- third shall be elected annually. Said elections shall be held at the annual meeting of the board of supervisors in September, or at the September term of the county court, as the case may be. § 3. Said board of education shall have power to hire teachers, and to make and enforce all needful rules and regulations for the management of said schools. A majority of said board shall consti- tute a quorum for the transaction of business, and a meeting of said board may be called at any time by the president or secretary, or by any three of the members thereof. Said board shall proceed, to or- ganize within twenty days after their appointment, by electing a president, who shall hold his office for one year, and until his succes- sor shall be appointed. The county superintendent shall be, ex- officio, secretary of the board. Said board shall make to the board of supervisors at their annual meeting in September, or to the county court at the September term, as the case may be, a full report of the condition and expenditures of said county normal school, to- gether with an estimate of the expenses of said school for the ensuing year. § 4. Two or more counties may unite in establishing a normal school, in which case the per cent of tax levied for the support of said school shall be the same in each county. § 5. In all counties that have already established normal schools, the action of the Board of Supervisors in so doing, and all appropria- tions made by them for their support, are hereby legalized, and said board of supervisors are hereby authorized and empowered to make further appropriations for the support of such school already estab- lished, until such schools have been established under the previous, sections of this act. 133 § 6. No member of the aforesaid county board of education shall foe entitled to compensation for services rendered as a member of such board. § 7. This act shall be in force from and after its passage. Approved March 15, 1869. THE ILLINOIS UNIVERSITY. An Act to provide for State scholarships in the University of Illi- nois, and the manner of awarding the same. Approved June 24. 1895; in force July 1, 1895. Section 1. Beit enacted by the People of the State of Illinois, represented in the General Assembly : That to equalize the advan- tages of the University of Illinois to all parts of the State, there shall be awarded annually, as hereinafter provided, to each county of the State one State scholarship, which shall entitle the holder thereof, who shall be a resident of the senatorial district to which he is accredited, to instruction in any or all departments of said Univer- sity of Illinois for a term of four years, free from any charge for tuition or any incidental charge, unless such incidental charges shall have been made for materials used or for damages needlessly done to property of the University: Provided, that in counties having two or more senatorial districts, there shall be awarded annually one ad- ditional scholarship for each of said senatorial districts. § 2, A competitive examination under the direction of the Super- intendent of Public Instruction shall be held at the county court house in each county of the State upon the first Saturday of June in each and every year by the county superintendent of schools, upon such branches of study as said Superintendent of Public Instruction and the President of said University may deem best. § 8. Questions for such examinations shall be prepared and fur- nished by the President of the University to the Superintendent of Public Instruction, who shall attend to the printing and distribution thereof to the several county superintendents of schools prior to such examinations. § 4. In case any candidate who shall be awarded a scholarship shall fail to pass the entrance examination to the University, or shall fail to claim the privileges of such scholarship, or, having claimed the privileges, shall be expelled, or for any reason shall abandon his right to, or vacate, such scholarship, either before or after entering thereupon, then the candidate certified to be next entitled in the same county shall become entitled to the same. In case any scholar- ship belonging to any county shall not be claimed by any candidate resident in that county, the Superintendent of Public Instruction may fill the same by appointing some candidate first entitled to a vacancy in some other county, after notice has been served upon the county superintendent of said first mentioned county. § 5. The county superintendent shall, within ten days after such examination, make and file in the office of the Superintendent of 134 Public Instruction certificates, in which they shall name all the can- didates examined, and specify the order of their excellence; and such candidates shall, in the order of their excellence, become entitled to the scholarship belonging to their respective counties. The examin- ation papers handed in by each candidate shall also be filed with the certificate of examination. ^ § 6. Candidates to be eligible to said scholarship, shall be at least sixteen years of age, and shall have been 6owa ^de residents of their respective counties for at least one year immediately preceding thee examination. § 7. Any student holding a State scholarship, and who shall make- it appear to the satisfaction of the President of the University that he requires leave of absence for the purpose of earning f u*nd& tO' de>- fray his expenses while in attendance, may, in the discretion of thie> President, be granted such a leave of absence, and may be allowed a period not exceeding six years from commemcement thereof for the- completion of his course at said University. § 8. Notice of the time and place of the examination shall be- given in the schools having pupils eligible thereto prior to the first day of January in each year. The Superintendent of Public In- struction shall attend the giving of the notices hereinbefore provided for. He may, in his discretion, direct that the examination in any county may be held at some other time and place than that herein- before specified. He shall keep full records in his department of the- reports of the different examiners, showing the age, postoffice address and standing of each candidate, and shall notify candidates of their rights under this act. He is hereby charged with the general super- vision and direction of all matters in connection with the filing of such scholarships. He shall determine any controversy which may- arise under this act. § 9. Students enjoying the privileges of State scholarships shall,, in common with other students of said University, be subject to all' the examinations, rules and requirements of the board of trustees and faculty, except as herein provided. § 10. Nothing herein contained shall be construed to prevent the board of trustees of said University from granting such other free scholarships as in their discretion may be deemed best. 135 SOME INTERPRETATIONS OF THE ILLINOIS SCHOOL LAW. In Accordance with the Decisions of the Courts and Opinions OF the Department of Public Instruction. APPEALS. When petitions are presented for the formation of school districts out of territory belonging to several townships, each board of trus- tees must act on the petition. If one board refuses to grant it, the petitioners may appeal from the action of that board. An appeal must be taken from each board that refuses to grant the petition. Pending an appeal, the children of parents residing in detached territory may attend school in the district to which they have been annexed by the trustees. The failure of the township treasurer to send all the papers in the case, which the law directs him to send to the county superintendent of schools, in the time specified, does not defeat the appeal. The trustees or the county superintendent, on hearing of such neglect, should order that the papers be forwarded. Bateman's Decisions re- vised by Pillsbury, page 86, BOARD OF directors — POWERS AND DUTIES. To be eligible to the office of school director a person, either male or female, must be at least twenty-one years of age, able to read and write in the English language, a resident of the district; and such person must be a citizen of the United States and must have been a resident of the State at least one year. The law declares that no person is eligible to the office of school director and township trustee at the same time; but, if a school di- rector is elected to the office of township trustee, he may resign his directorship and assume the duties of the other office. A director can not delegate to another person the power to act as director. When a school director moves out of the district, and is no longer a legal resident of it, he vacates the office of director, and the re- maining members of the board, without delay, should call an elec- tion to fill the vacancy. 136 A bookseller may be elected as a school director, or as a member of a board of education; but, when he is elected, and accepts the office, and while he remains in such office, he can not, lawfully sell school books or apparatus to pupils of his district. Both the consti- tution and the statutes of this State forbid any school officer to be interested in the sale of any books or apparatus to be used in the schools with which he is connected. When the president of the board refuses to act as president, the other members may elect a presiding officer. When two directors resign, the remaining director, legally, can call an election to fill the vacancy, and it is his duty to do so. The law requires that directors shall be the judges of district elec- tions. Therefore, it is legal for a director to serve as judge, although he may be a candidate for re-election. The law provides that all official business of the school district shall be transacted at a meeting of the board of directors. When board meetings are called, all members should receive due notice thereof. Prior to the April election, a board of directors can not employ a teacher for a time extending beyond the end of the current school year. Boards of directors have no right to build an addition to a school house without a vote of the people. A board of directors does not have the right to purchase, build or move a school house without a vote of the people. It is necessary, therefore, to vote on the proposition to build before directors can lawfully appropriate funds for building purposes. The board of directors can not, without a special agreement to that effect, legally compel a teacher to dismiss school for any period of time and to lose that time. When school is dismissed by order of the district board, on account of contagious disease or other cause, the teacher is not required to lose the time, provided he holds himself in readiness during such vacation to perform his duties as teacher. A board of directors has the right to determine what branches shall be taught in its schools. It can not, however, require teachers to teach branches not mentioned in the law, unless such branches are designated at the time the contract is made with the teacher. A board of directors, in making a contract with a teacher, should not require such teacher to forfeit his right to attend institutes held under the direction of the county superintendent. The law plainly provides that it is the duty of school directors to allow teachers to dismiss their schools on institute days, provided that not more than five such days shall be so taken during the year, and not more than three days during any one term. The control and supervision of the school house is given to the board of directors, and the board may grant the temporary use of it, when such does not interfere with the work of the school, to re- 187 sponsible persons, "for religious meetings and Sunday schools, for ^evening schools and literary societies, and for such other meetings ■as the directors may deem proper." Those granted the use of the school house should be required to leave it in as good condition as •they find it. There is no provision of law whereby any part of the school funds may be paid to a director for services or expenses, except that a reasonable sum may be paid to the clerk for services actually per- formed as clerk. The authority to decide all matters of residence is vested in school boards. BOARD OF EDUCATION — POWEES AND DUTIES. Section 2, article VI, of the school law provides that when a dis- trict contains one thousand inhabitants, there shall be elected a Tjoard of education to consist of a president and six members. This is a mandatory provision. Whenever it is conclusively shown that a district contains the required population, it is the duty of the di- rectors to call an election for a full board of education, to be held on the third Saturday in April first following. When the district contains eleven thousand inhabitants, there should be elected a board to consist of nine members and a president, and when it contains twenty-one thousand inhabitants, it should elect a board to consist of twelve members and a president, at the regular annual school election in April, and so on until the board consists of fifteen members and a president. The requirements of eligibility to the office of member of a board of education are the same as those specified for a school director. Whenever a change is made from a board of directors to a board of education, an election must be called for six members and a presi- dent. The directors are not entitled to hold over as members of the new board, but they are eligible to membership in the new board, by election. The school law provides that a board of education may select a sec- retary, but it does not require that he be selected from among the members of the board. The board may, therefore, select one of its number, or it may select a competent person who is not a member of the board to act as secretary. As the president of the board of education is not to vote, except in case of a tie, a working quorum of the board consists of a majority of the members of it, without counting the president in such ma- jority. The restraints, powers and duties of a board of education are simi- lar to those of a board of directors, except that its powers are ex- tended respecting the lengthening of the annual term of school, the employment of a superintendent, the examination of teachers, etc. 138 BONDS. Custom requires that an official bond be given for double the- amount of property valuation which the officer at any time may have- in his possession. The board of trustees, or the county superintend- ent of schools may require the township treasurer to give a new bond whenever it is deemed necessary. A guarantee or surety company doing business in the State may legally become surety on the official bond of a township treasurer or other school officer. The fees for recording township treasurer's bonds should be paid by the county superintendent and charged up to expense account of his office to be met by the county board. The provision of the law limiting the bonded indebtedness of a district to five per cent of its assessed valuation, is a constitutional one. While the district should not at any time pass that limit, it has the power, in addition thereto, to levy a tax of two and one-half per cent for general school purposes, and two and one-half per cent for building purposes, when a vote has been taken authorizing the board to build. CALENDAR MONTH. When another month is not specified in the contract with the teacher, the law defines the school month to be the calendar month. The law is not mandatory, so far as to take away the right and power of school officers and teachers to make a contract by the day, or week, or for a month or four weeks. When teaching by the calendar month, if the teacher begins with any date of a given month, his month of teaching includes all the school days until the same date of the succeeding month. The same rule is easily applied to a term of several months. When days are lost by the teacher, they can be made up after the expiration of the month or term, on actual school days, by consent of the school board. CERTIFICATES. The certificates of the State are of two kinds, one valid for life and the other for five years. These can be obtained, now, only on an ex- amination under conditions prescribed by the State Superintendent of Public Instruction and the presidents of the State universities and State Normal schools. No provision is made for renewing the State certificate, for granting it on possession of a diploma, or for en- dorsing the certificate of another state. The county certificate is of two kinds, which are known as first grade and second grade certificates. These can be renewed by the- endorsement of the county superintendent of schools. The longest period for which one can be given is two years, and the shortest is> one year. 139 Every kindergarten teacher connected with the public schools must have a certificate as provided by law, certifying that the holder thereof has been examined upon kindergarten principles, and is com- petent to teach the same. Every teacher of a class for the deaf in the public schools must have received specific instruction in the teaching of the deaf for a term of not less than one year, and must have a certificate, as pro- vided by law. No teacher, lawfully, can be paid public funds for teaching, evea though he be an assistant or substitute teacher, unless he holds, dur- ing the time of his teaching, a license to teach given by a lawful authority. CORPORAL PUNISHMENT. "Certain it is that castigation with the rod is often less cruel thaa sharp words, tones of irony, sarcasm or invective, and less humiliat- ing and harmful than some of the substitutes therefor." Bateman's- Decisions revised by Pillsbury, page 150. Without a rule of the school board, the law permits teachers ta- punish children by whipping. It is held, however, that such pun- ishment must be neither unreasonable nor excessive. The offense committed must be of such a nature as to justify this punishment. A teacher, possibly, would not be justified in inflicting corporal: punishment for misdemeanors committed by pupils while on the way to and from school. A school board, however, can suspend, or evea expel, pupils for grave offenses in such cases. COUNTY SUPERINTENDENT — POWERS AND DUTIES. Every elective office becomes vacant by the occupant ceasing to be an inhabitant of the State; or, if the office is local, by his ceasing to be an inhabitant of the district, county, town or precinct for which he was elected. — Revised Statutes, chapter 46, section 125. Hence, the office of county superintendent of schools becomes va- cant when the incumbent removes from the county, and it is the duty of the county board to fill the office by appointment. It is the intention of the law that the county superintendent give his personal attention to his official duties. He can not, without the consent of the county board, legally deputize another person to visit schools in his stead. While the salary of the assistant must be paid by the county treasurer, not from the school funds, his expenses at the rate of one dollar a day "for the number of days actually spent in school visitation," can be legally paid by warrants drawn by the State Auditor on the State Treasurer. The county superintendent's office expense should be paid by the county board. After deducting his commission and paying the expense of advertising his examinations of teachers, he should distribute the-- residue of the distributable fund to the townships. 140 In matters of controversy pertaining to schools, the county super- intendent's opinion should first be obtained. If the parties inter- ested are not satisfied with the decision, the law provides that the case may be appealed to the State Superintendent on a written state- ment of all the facts, certified bj'' the county superintendent. •COURSE OF STUDY AND ITS ENFORCEMENT. A public school board is given power to make a course of study within the limits prescribed by law, and to enforce its observance. The course of study should include "the branches of education prescribed in the qualifications for teachers," and it may comprise "such other branches, including vocal music and drawing, as the directors, or the voters of the district at the annual election of direct- ors may prescribe." The board has power, also, to classify pupils, directing in what order they will pursue the various branches of the course of study, insisting that they shall be able by mastery of preceding branches to do satisfactorily work in those they pursue. Since, then, pupils may study no branch for which they are not prepared, and teachers and school boards are the judges of this preparation, these officers have available means, in the exercise of their power, to enforce the observance of their course of study to any reasonable extent. But, if objection be made in good faith by parents to their chil- dren's pursuing some designated branches through fear of overwork or for other good reasons, the parents are allowed to select the branches of the prescribed course for which their children are fitted. ELECTIONS. Any person, male or female, who is a citizen of the United States, who is at least twenty-one years of age, who can read and write in the English language, and who has resided in the State one year next preceding the election or appointment, is eligible to any school office. The exception to this is that a woman under the present con- stitution is not eligible to the office of Superintendent of Public In- struction. As school elections are held under the acts of 1872 and 1891, and not under the Australian ballot law, poll lists should be kept and num- bered, and ballots numbered to correspond with the poll lists. This applies to the election of trustees as well as of directors, either in a congressional township, or in a township whose boundary lines coin- cide and are identical with those of the town. All judges and clerks of school elections should be sworn in at or before the hour of opening the polls. Judges and clerks of school ■elections are not entitled to pay for their services, except in the few districts of the State which have adopted the special election law of 1885, and have in consequence, a board of election commissioners appointed by the county court. These places are the cities of Chi- cago and East St. Louis, and the town of Cicero. 141 The law intends that there shall be an annual election in each township, and in each school district. If, then, on the day of the regular election the voters fail to appear it becomes the duty of the judges to give the legal notice for a special election. If the judges of a district election are fully satisfied that the per- son elected as director is ineligible, because he can not read and write, they are justified in refusing to certify to his election. Such a case would necessitate a new election. The school law expressly provides that, when an election results in a tie, the judges shall decide, at once, by lot, who is elected. Pro- vision is not made for taking a second ballot in such cases. When two or more members of a district board are elected at the same time, and the voters make no distinction between long and short terms, the directors elected should decide by agreement or by lot on the number of years which each shall serve. Judges of a town election act as judges of election for township trustees in a township whose boundaries coincide and are identical with those of the town. At such an election there should be two ballot boxes, one for the male voters, and the second for the female voters; and if the proposition to establish a township high school is submitted, there should be a third ballot box for the male voters who vote on that proposition. When the judges of a district election make the proper returns, certifying to the election of a certain person to the office of school director, that person is entitled to hold the office and to perform its duties for the term for which he has been elected, or until the elec- tion has been declared illegal by a competent court. No power is given to a county superintendent or to the State Superintendent to declare an election illegal or to set it aside. Persons who contest the legality of an election must take their appeal to the county court. A board of directors can not legally purchase, build or move a school house, build an addition to a school house or locate a site without a vote of the district. PUNDS. Money levied for general school purposes may be used for build- ing purposes after the district has voted to build, provided such fund is not needed for the current expenses of the school. The law provides that when a district has surplus funds the town- ship treasurer may loan such funds, if authorized to do so by a writ- ten notice signed by the directors of the district. The directors have- power to decide whether or not such funds shall be loaned, but the conditions of such loans must be the same as those required in the loans of township funds. The board of trustees is not authorized by law to invest the town- ship fund in land, except in cases where it becomes necessary to take- land for a debt due the township. 142 The board of trustees is not permitted to distribute any part of •the permanent fund of the township. But the interest obtained from loaning it should be distributed at each semi-annual meeting of the board. The trustees are liable when they permit the township treasurer to lend money contrary to the directions of law. When a new district is formed it becomes necessary for the trus- tees to divide the property and funds as provided by law. No di- vision of funds is contemplated, however, in cases where territory is •detached from one district and added to another. Except as provided in section 11, article II (for commissions), the •only reduction which may lawfully be made form the distributable fund by the county superintendent, is for advretising the times and places of examining teachers, as provided for in section 7, article Til, of the school law. The net balance must be distributed to the treasurers. HOLIDAYS FOR SCHOOLS. The law does not require a teacher to teach on Saturday, Sunday or a legal holiday for schools, nor can a teacher be required to teach on other days in place of said days on which he has closed school. Legally, a teacher can not claim pay for a holidy unless the holi- day occur during his term of teaching and on a school day. Hence, the day following a legal holiday which falls on Sunday is not a school holiday, unless it be given to the school by the school board, which has the power, under section 17 of article VII of the school law, to grant the school special holidays on proper occasions. The legal holidays for schools in Illinois are New Year's day. Fourth of July, Christmas, the thanksgiving and fast days appointed by National or State authority, and the special holidays granted the school by the school board. The commercial holidays, additional to these, which are designated in the statute, including the birthday anniversaries of Washington and Lincoln, "Memorial" and "Labor" days, are not legal school holidays, except as they are given to the school by the school board. INSTITUTES. Before making engagements to teach in institutes, instructors should secure license of the State Superintendent of Public Instruc- tion. When the applicant for this license is not known, personally to the State Superintendent, he should file testimonials of worthi- ness with his application. These recommendations should be signed by capable school men who are known to be reliable. Institute funds should be carefully husbanded and expended only for the services of approved instructors and for other legitimate ex- pense of the institute. The county superintendent receives his per diem from the Auditor for conducting the institute, and he is not en- titled to commission on the institute fund. 143 The institute fund is provided to defray the expense of the annual institute, which the county superintendent is required to hold "at such time as the schools of the county are generally closed." It should not be used for any other purpose. When teachers attend other institutes held by their county super- intendent during term time, they may claim that their pay be not diminished for three days in any one term, or five days in any one school year, when this time has been actually spent in attendance on such institutes. A contract which forfeits this right is not in accord with the law, which says that such time "shall be considered time lawfully expended by such teacher in the service of the district where fiuch teacher is employed, and no deduction of wages shall be made for such sbsences, and it shall be the duty of the school oJBScers and boards of education to allow teachers to close their schools for such attendance upon institutes." KINDEEGARTEN SCHOOLS. When authorized by a majority of all the rotes cast at an election for that purpose, boards of directors and boards of education are em- powered to establish kindergartens in connection with their school for the instruction of all children between the ages of four and six years. The expense incurred by such kindergarten instruction is to be met in the same way as provided for in the other grades and depart- ments of the public schools. OATH OF OFFICE. While it would tend to uniformity if school officers should take an oath of office before entering on the duties of their office, the Supreme Court, in 79 Illinois, page 511, has decided that a township treasurer need not take an official oath on assuming office, and the rule made by the court in that case seems to exempt, also, school trustees, school directors, and members of boards of education from taking such oath. PETITIONS. The courts have decided that a petition for change of school dis- trict boundaries must make a case on the face of it; that is, it must show that all the necessary requirements of the law have been com- plied with. Neither the trustees nor the county superintendent have any authority to change or amend a petition that is filed. The courts have decided that, in the formation of a new district, the petition must show that the proposed district contains not less than ten families. Hence, the petition can not be granted if in such formation, a district would be left with fewer than ten families. The law makes no provision for a remonstrance against a petition. Remonstrances, therefore, have no legal standing before the board of trustees, and they do not in any way affect the validity of a petition. It may be proper in some cases to consider a remonstrance as evi- dence, the force of which maj- be determined by the trustees. 144 The law forbids that a change shall be made in the boundary of a school district in which a school filling the requirements of the law is kept, except the township in which the district is situated be re- districted, or the desire for the change be lawfully expressed by a designated number of voters living in the district. This desire for change can be expressed by the voters living in districts whose boundary lines it is proposed to change, legally, either by vote of the people, where the district contains a population of at least one thousand inhabitants, or by petition. The law defines three classes of changes which may be thus effected: First — A district may be divided to form two districts, or two or more districts may be consolidated to form one district. Second — Territory may be detached from two or more districts to form a new district. Third — Territory may be detached from one district and added to an adjoining district. To effect these three classes of changes, the law describes three classes of petitions, and the court holds that each class of petition is sufficient for the class of change for which the law designates it. Three classes of petition are not required to secure the consideration of a single change in district boundaries. One is sufficient when it complies with the conditions which the law specifies in order to meet the requirement which that class of petition is designed to effect. The first class of petition — that signed "by a majority of the legal voters of each of the districts effected by the proposed change" — is sufficient for any change which the law allows. The law gives it un- limited application. The second class of petition — that signed "by two-thirds of the legal voters living within certain territory described in the petition" — is sufficient when the purpose is to detach said territory from pne district and to add it to another which is adjacent. The third class of petition — that signed "by two-thirds of all the legal voters living within certain territory 'containing not less than ten families" — is sufficient for the purpose of asking that said terri- tory be formed into a new district, provided that such action would not leave any district without ten families. Petitions for changes in district boundaries must'^be filed with the clerk of the board of trustees at least twenty days before the]^regular meeting of said board in April. PUPILS. The law requires that the school board furnish a sufficient number of free schools to accommodate all the children of the district over six and under twenty-one years of age. It empowers school boards to rent suitable rooms for this purpose, when the school sittings of 145 the district are insufficient. A suitable room, even outside of the district lines, may be rented, temporarily, when it is not possible to obtain a room within these lines. Only the pupils who have legal residence in the district can claim tuition in the district, although the law provides for the instruction of non-resident pupils on district permits or by the payment of tuition fees. It is held that children who have been apprenticed or adopted into another family, or have been placed permanently in the care of oth- ers, are entitled to claim a residence and free tuition in the district where they are located. It is held, also, that children who have no permanent home, but go from place to place, as they may be em- ployed, are entitled to claim a residence in the district where they are living at the time when they enter school. This department, uniformly, has advised school boards to be liberal in their arrange- ments with indigent young persons who are struggling to obtain an education. SCHOOL SITES. Outside of a city of at least one hundred thousand inhabitants, and in one or two cities under special charters, a site for a school-house can not be located without a vote of the district. Hence, while the school board has power to decide when the school- house site is unnecessary, or unsuitable, or inconvenient for a school, if it wishes to enlarge or to change a school-house site, it is neces- sary for the board to have a vote of the district to obtain the re- quired authority. There .is no provision of law whereby directors are compelled to call an election for the purpose of voting on the question of chang- ing a school-house site. The board of directors has the right to de- termine whether or not an election is expedient. If the school board, in submitting the choice of a school site to a vote of the district, does not limit the voters in their expression of preference, but allows each one to vote for such site as he prefers, and no site receives a majority of the votes cast, the directors have power to select a suitable school-house site, and should select the one most suitable for the whole district. But if the election is called to determine whether or not a specified site or sites shall be chosen, a majority of the votes cast is necessary to a selection, and the board can not locate the site without such majority vote; it sbould call another election. If the voters waiving their right to choose the site authorize the school board to make such selection, a site selected in pursuance of such a vote would be legally chosen. When a district has held undisputed possession of a school-house site for a period of twenty years, it may retain possession of such site so long as the same is used for school purposes, even though the —10 S. 146 county records show no legal transfer of the site. In such a .case the purchaser of adjoining property can not ignore the right of the district. When the owner of the site which has been legally selected will not sell it for a reasonable price, it may be obtained in the manner provided by law "for the exercise of the right of eminent domain." But no tract of land outside of the limits of an incorporated city or village, situated within forty rods of the dwelling house of the owner of the land, can be taken for a school site without the owner's consent. The titles to school-house sites should be vested in the board of township trustees for the use of the districts. When a site is leased for school purposes, the lease should be in the name of the board of township trustees for the use of the district. STATE SUPEKINTENDENT. It should be remembered that the State Superintendent of Public Instruction has not power to revoke a certificate which has been is- sued by a county superintendent; nor can he issue a State certificate, except on examination, in accordance with lawful conditions deter- mined by himself and the presidents of the State universities. When a suit involving school matters has been instituted in court the questions at issue have passed beyond the control of the de- partment of public instruction. Then it is not customary for the State Superintendent to give any further advice in such cases, as his opinion would not change the judgment of the court. In matters pertaining to controversies arising in school districts, the opinion of the county superintendent should be obtained first. If his decision is not satisfactory, the interested parties may appeal to the State Superintendent on a written statement of facts pre- sented by the county superintendent. The law is construed to require that all letters calling for an official opinion must be retained on file. Correspondents should, therefore, retain copies of such letters as they wish to preserve; or transmit in duplicate, in which case one copy will be returned if desired. TAXATION. Outside of bonded indebtedness, the school law provides that the district school board may levy a tax of two and one- half per cent for general school purposes and two and one- half per cent for building purposes, making a total of five per cent for all school purposes. If, however, no building tax is required, the tax levy should not exceed two and one-half per cent of the assessed valuation of the property of the district. TEACHERS. When a teacher makes a contract for a specified number of days of actual teaching for a month, such a contract has been construed to mean a contract by the day, and under it, the teacher is not en- titled to any benefit from holidays. 147 A teacher has the right to send home a child who is guilty of gross misconduct, but the power to expel a pupil rests solely with the school board. A teacher is not compelled to lose the time when school is dis- missed by order of the board of directors outside of the provisions of contract, and without the consent of the teacher. Neither can the teacher make up time lost outside of the provis- ions of contract, without the consent of the school board. Time lost can be made up legally only on school days. An assistant, or a substitute teacher, must have a certificate to en- title him to draw public money. A teacher must not be interested in the sale, proceeds or profits of any book, apparatus or furniture used, or to be used, in any school with which he may be connected. TOWNSHIP HIGH SCHOOL — FORMATION. The territory constituting a township high school district may be composed: First, of the school or congressional township; of the congressional township which contains the greater part of the people of a city having a population of at least one thousand inhabitants and less than one hundred thousand, together with such parts of other congressional townships as contain the remaining part of the population of said city; third, of two or more congressional town- ships; fourth, of two or more adjoining districts, whether in the same or different townships; and fifth, of a district having a popula- tion of at least two thousand inhabitants. At least fifty voters of the high school district, or at least one- third of the voters in a district containing less than one hundred and fifty voters, constituted as mentioned above, sign a petition for an election for or against the establishment of a township high school, and file it with the township treasurer or treasurers interested, at least fifteen days preceding the regular election of township trustees. The treasurer with whom a petition is filed gives legal notice that, at the next regular election for trustees, an election for or against the establishment of a township high school will be held, at which the voters of the territory described may vote. A majority of the votes cast at a duly called and legally conducted election for or against the establishment of a township high school, determines whether the school shall be established or not. If, in the territory which it is proposed to form into a township high school district, there are more than two polling places at gen- eral elections, at least two polling places should be appointed for the high school election. Further, if the territory to be formed into a high school district lies in two or more congressional townships, the voters of this territory vote at polls, appointed by their township trustees in their own congressional township. Enough polling places should be opened to accommodate properly all the voters who have a right to vote at the election. 148 As stated above, the election for or against the establishment of a township high school is held at the time of the regular election of a trustee. In counties which have township organization the election is held on the first Tuesday of April, provided the boundaries of the congressional and the political township are coincident; in all other cases the time of the election is the second Saturday in April. If the people of the proposed high school district have voted legally for the establishment of a high school, it becomes the duty of the board of trustees to call a special election on any Saturday within sixty days from the time of the election establishing the township high school, for the purpose of electing a township board of education, consisting of five members. It is the duty of the township board of education to purchase the high school site, to erect the high school building, and to levy a tax to raise money for the purposes, when authorized so to do by a vote of the people. The authority of locating the high school site is vested in the voters. A high school district usually comprising territory included in other school districts is a separate and independent district, and may incur debts to the extent of five per cent of the taxable value of the property within its limits, and may also issue bonds for the purpose of buying a site and building a school house, the same as any other school district, but all the indebtedness of such high school district must not exceed such five per cent. TOWNSHIP TREASURER — POWERS AND DUTIES. The term of the office of township treasurer expires in April of the even numbered years. A person who is not a legal resident of the township is not eligible to the office of township treasurer. Women are eligible to the office of township treasurer the same as to any other office under the general or special school laws of this State. Before a township treasurer removes from the township, he should resign, in order that his successor may be appointed and may qualify in due time. In the examination of the township treasurer's books and accounts, the county superintendent has the right to require the treasurer to produce balances to the credit of the school funds. The township treasurer has no right to lend any part of the town- ship or district funds for his own benefit. It is the duty of the treasurer to lend such district funds as are not needed for immediate use, when requested in writing to do so by the district board. A man who is a borrower of the township fund may be appointed, legally, as township treasurer, but, in case he accepts the appoint- ment, he should pay off his own loan, without delay. 149 The township treasurer may require that district election returns be made in due form, but he has no power to decide on the legality or illegality of an election. The township treasurer is not exempt from road labor, although trustees of schools, directors and members of boards of education are exempt. It may be presumed that this distinction arises from the fact that treasurers are paid for their services, while the other officials mentioned are not accorded any remuneration. The law provides that the township treasurer shall pay all lawful orders issued on him. If, for any reason, he doubts the legality of an order presented to him, he has the right to refuse payment until the legality of such order is established. If pupils are sent to school for the entire day, they ought not to leave the school premises during the day without the consent of the teacher. Pupils who go home for dinner are not under the direct control of the teacher until they return to the school grounds. Pupils under twenty- one years of age who are graduates of the school in their district, have the right to return to it to review their studies, or to pursue such branches as are found in other courses from the one in which they graduated. TRUANCY AND NON-ATTENDANCE. It is presumed to have been the intention of the Legislature that the fines imposed by the provisions of this act should be paid to the district. Under its provisions, children of legal school age (from 6 to 21 years) , who are found loafing in public places or without employ- ment, or any truant children who absent themselves from school, may be arrested by the truant officer and placed in charge of a teacher. A pupil may be absent from school one or two days for good cause, and still his attendance may properly be considered consecu- tive. There are three ways in which this law may be violated as far as the parent or guardian is concerned: First, it may be violated by not sending the child to school for sixteen weeks during the school year. Second, it may be violated by not requiring twelve of the six- teen weeks to be consecutive. Third, it may be violated by not be- ginning to send the child, if under ten years of age, to school at the beginning of the school year, and if above the age of ten years, not later than December first of said school year, or as soon thereafter as notice of delinquency shall be received. Any one of these consti- tutes a violation of the law, and for any one of them the penalty may be inflicted, unless good cause can be shown to exist for such non-attendance. Suit may be commenced under this law by the board of directors or board of education, A truant officer may make complaint in court as the agent of the school board. 150 TUITION. Every proper person of school age is entitled to attend the public school of the district in which he has legal residence, without the payment of tuition fees, but he is not entitled to attend the school of any other district on this condition. This privilege depends on legal residence, not on a parent's or guardian's ownership of property. Persons who move into a school district temporarily, just for the purpose of receiving the benefit of the public schools of that district, are not entitled to such privilege free of charge. Only the real resi- dents of the district can lawfully claim the right to send their chil- dren to its school without paying tuition. District school boards are empowered to decide cases of questioned residence, for school purposes, and the decision is subject to reversal only by the courts. A board of directors has the right to fix rates of tuition, and may require all pupils who are non-residents of the district to pay the amount fixed. The rate fixed should not be less than the pro rata cost of attendance in the room in which they are instructed. Neither should non- resident pupils be admitted when their attendance would restrict the advantages of resident pupils. VACCINATION OF PUPILS. The vaccination of pupils is not mentioned in the school law- Many school boards have heretofore considered, that under the direc- tion of the State Board of Health, they had the right to make regu- lations admitting to school privileges only those who presented satis- factory evidence of vaccination. The Supreme Court in Lawrence et al. School Directors v. Jennie Breen et al., 167 111., 67, decided that school directors have no right, either under their own rules or by order of the State Board of Health, to exclude from the public school, children refusing to be vaccinated, unless such course is necessary, or reasonably appears to be necessary, to prevent the appearance or spread of sniall-pox. It would, however, seem, that when "small-pox exists in a community in the State, or is prevalent in adjoining vicinities" and it "is neces- sary, or reasonably appears to be necessary," a rule excluding chil- dren from school who have not been vaccinated, until such time as danger from the disease has passed, would seem to be justified on the ground of exercising proper precaution for the protection of health. In ivhat way can school officers secure the vaccination of school children lawfully? School officers may use all their powers of persuasion, giving their influence in all reasonable ways to secure this result. Can public school funds be used to pay the expenses of vaccinating pupils f 151 The vaccination of pupils is not a part of the work of the public school, and public school funds can not be used, lawfully, to defray its expense. WOMEN AS VOTERS. The legislative act, approved June 19, 1891, by which women were declared to be "entitled to vote" for "any oflBcer of schools under the general or special school laws of this State," has been modified and defined by two decisions of the Supreme Court of Illinois: Women may not vote for a State or county superintendent of schools. According to the first de 'ision, Mary A. Ahren v. William J. Eng- lish, 139 111., 622, "the Legislature had or has no power or authority to invest her (woman) with the right to vote at an election held for a county superintendent of schools." The reason given by the court for this decision is, that the qualification of electors for offices speci- fied in the constitution, being prescribed in that instrument, they can not be changed by the Legislature, or otherwise than by amend- ment of the constitution. This decision debars women (except the very few who may have the constitutional qualifications) from voting for a State or county superintendent of schools. They may vote for all other elective school officers. In the second decision, Mary B. Plummer v. Oscar Yost, 144 III, S8, it is held that women of twenty-one years of age or upwards, either native-born or naturalized citizens of the United States, who have resided in the State one year, in the county ninety days and in the school district thirty days next preceding an election for any officer of schools, can vote at that election, provided the officer to be elected is to hold a school office which is not specified in the consti- tution, but created by the Legislature in conformity with the power granted in the constitution. This construction allows women to vote for trustees of the University of Illinois. In the elections in which only a part of the 'candidates named on the general ticket can be voted for by women, a separate ballot box can be provided by the judges of election to receive the ballots of women only. The vote of a woman, except it he for a school officer, or her signa- ture to a petition for any purpose^'has 7io legal force. Since the only authorization women have for voting or for exercis- ing privileges in school affairs, not accorded them before the passage of the act of 1891, is contained in this act, and since this act does not extend their privileges beyond voting for certain officers of schools, it follows that their votes on the establishment of kindergar- tens or on other school questions, and their signatures to petitions for any purpose, have no legal force. Registration of women voters. Women voters must be registered in order to vote in cases only in which men who vote at the same election for the same officers must 152 be registered. Registration is not required ordinarily of the electors of township trustees or members of a general school board, but it is required of those who vote for trustees of the University of Illinois. The manner of registering women does not differ from that of regis- tering men. Three qualifications required. The law requires the voter to possess three qualifications, viz: Citi- zenship, necessary age and residence. No preference is shown women over men in these respects; but by a statute of the United States (act approved Feb. 10, 1855) an alien-born woman becomes a citizen of the United States by reason of her marriage to a citizen of the United States, When such a woman possesses the requisite age and residence she should be allowed to vote. 153 CALENDAR OF SCHOOL ELECTIONS AND DUTIES OF OFFICERS. January, first Monday — Apportionment of Auditor. March 1, on or before — Payment of Auditor's warrants. On or before same day — Report of fines and forfeitures. April 1, on or before — Collector of taxes to pay treasurer. April first Monday — Regular meeting of trustees; treasurer's report. Within two days after — Treasurer's statement to district school boards. April, first Tuesday — Election of trustee when elected at town meetings. April, second Saturday — Election of trustee in other cases. Within ten days after — Organization of board of trustees. April, third Saturday — Election of directors; their report to voters. Same day — Election of members of board of education. Within ten days after — Organization of board of directors and board of ed- ucation. June, first Saturday — University scholarship examination at the county seat by county superintendent. June 30 — Treasurer's report of notes, etc., to county superintendent. July 7 — Reports of statistics by district boards to treasurer. On or before the same day — All schedules or statements of attendance filed with treasurer. July 15 — Trustees' report to county superintendent. July 15 — Treasurer's statement to district boards. August, first Tuesday— District boards to certify tax levy to treasurer. August, second Monday— Same returned to county clerk by treasurer. August 15— County superintendent's report to State superintendent. September, at annual meeting — County superintendent's report to county board. September 30, on or before — Notice of county superintendent to president of board of trustees and clerk of district board of amount of money paid by him to treasurer. October, first Monday — Regular meeting of trustees; treasurer's report. November 1 — State Superintendent's report to Governor; biennially. November, Tuesday after first Monday 1902— Election of State and county superintendents, and quadrennially thereafter. 154 INDEX. Accounts of county superintendent, how kept 10 of township treasurer, examined by county superintendent 9 same, how kept 32 same, subject to inspection 33 of township treasurer with school districts 36 same, semi-annual statement of 37 Actions, civil— against collector of taxes 11, 64 against county board 71 against persons failing to pay over fines and forfeitures 81 against purchaser of school lands — 78 against school officers 83,84 against township treasurer 38,83 against township trustees 12, 30, 83, 84 against trespassers on school lands.. 75 to recover interest 36 to recover on mortgages 35 to recover on notes, etc., belonging to the school fund 34,35 Actions, criminal— against school officers 83 against persons preventing colored children from attending school — 86 against trespassers on school lands. 75 Acts, official, to be recorded 18,41,50 repealed 88 Administrators to give preference to debts due the school fund 35 Advertisements of sale of school houses or site 20 of sale of school lands 21, 77 Advice given to school officers by State Superintendent 4 to school officers and teachers by county superintendents 9 Age of persons enumerated in school census 19 in statistics of illiteracy 19 of school children 42 taken as basis of apportionment of funds 12, 19.71 Apparatus, school may be purchased — 44 may not be sold by school teacher or officers 6.42.85 Appeal from county superintendent to State Superintendent 13 from trustees to county superinten- dent 27 Apportionment of funds by Auditor 71 by county superintendent 12 by township trustees 19 Appraisal and distribution of district property, when a new district is formed 29,30 of school lands 76 Appraisers, how appointed 29 Assessors to note number of districts, in assessing personal property 63 Assistant of county superintendent, 8 his compensation 8 Attorneys, State's, duties of. with regard to liens and forfeitures 80 Auditor, State, to appoi tion public funds. 71 to withhold funds at request of State Superintendent 6 to file transcript of land sales 79 to issue patents for school lands 79 to issue warrant for pay of county superintendent 8, 69 when patents are lost to issue dupli- cates 79 Board of directors 39 Board of Education of the State of Illi- nois, the 4,115 Board of Education of the township- See "Township Board of Educa- tion." Board of Education 47 appointed when 51,90 elected when 47.93.99 funds withheld from 87 in cities of 1.000, powers and duties of 48 in cities of 100, 000, powers and duties of 51 term of office of 48.90 to make reports 50 to appoint a truant officer to enforce compulsory law 97 Bond- official, county superintendent's 7 approval of 7 custodian of 7 form of 7 insufficiency of 7 State Superintendent's, approval of. 2 custodian of 2 township treasurer's, approved by county superintendent 12 same, by trustees 31 custodian of 12 form of 32 insufficiency of 12 same, trustees liable for 84 Bonded debt, how disposed of in case of change of district lines 28 Bonds 65 original issue of 65 same, amount limited 65 same, registry of 65 vote of people for the issue neces- sary 65 155 Index — Continued. Books. See "Text Books." Boundaries, district. See "District boun- daries." Branches of study determined by direct- ors 43,54,57 by voters 57 See also "Teacher's certificate." Calendar of school elections 153 Census of children under 21 taken by county superintendent 12 by directors 41 by trustees 20 State basis of apportionment by Auditor 71 Certificate of amount of tax due each district 62 of tax levy 62 how made when district lies in two or more counties 63 Certificate of licensure, teachers 53,55,56 age of applicants 55 essential that the teacher have one at the time he enters upon his duties. 57 issued by county superintendent 56 same, examinations for 56 same, form of 56 same, fee for 57 same, grades of 56 same, qualifications for 55,56 same, record of 56 same, renewal of 56 same, revocation of 56 issued by State Superintendent 56 same, examination for 56 same, revocation of 56 Certificate of purchase. See "Common school, lands." Changes of text books 43 Charitable institutions. State educa- tional, visited by State Superinten- dent 5 to make report 6 Children, all to receive a good common school education 1,42 secured the right to instruction in the branches of an elementary edu- cation 96 colored, rights of in public schools.. 86 illiterate, number of reported 4, 19 number of in public schools, re- ported 4, 19, 42 number of under 21, basis of appor- tionment. 12,19,71 number of under 21, reported 4,19,42 penalty for employing, when under 13 94 penalty for failure to report 84 penalty for false report 84 under 13. unlawful to hire 95 Churches to receive no appropriation from school fund 85 Cities and towns— of 1. 000 inhabitants 47 of 100. 000 inhabitants 51 with special charters 51,87 same, modified 61, 87, 90 Classes for deaf children 105 Clerk of board of directors, appointed... 41 compensation of 44 to keep a record 41 same, to submit to treasurer 41 to post exhibit of treasurer at annual election 43 to report to township treasurer 41 board of trustees. See "Township treasurer." Clerks of courts of record to report and pay over fines and forfeitures 80 Collector of taxes — liability of. for non-payment of dis- trict taxes collected 64 to give notice to directors and trus- tees 86 to pay amount of Auditor's warrant to county superintendent 71 to pay amount of district taxes col- lected to township treasurer 64 to state to township treasurer amount of district taxes uncollected 64 Colleges, etc.. to report 87 Colored children in public schools 86 Common school lands— (16th section) 74 business with regard thereto, where transacted 74 certificate of purchase of 78 same, filed with county superintend- ent 78, 79 same, duplicate of 79 patents, conveying title to 79 same, duplicates 79 payment to secure purchase 78 same, failure to make 78 rental of 74 right of way over, granted 75 sale of 75 same, advertisement of 76, 77 same, at private sale 78 same, made by county superintend- ent 78 same, manner of 78 same, petition for 75 same, in fractional townships 76 same, notice of, given trustees 76 same, place of 77 same, terms of 77 sale of at subsequent time 78 statement of sales of, to county board 78 same, examined and recorded 78 same, transcript of, filed with Audi- tor 79 trustees to divide into lots and plat. . 76 to value lots 77 to re-value lots 78 See also "Real estate." Compensation of school officers 88 of assistants of county superintend- ent 8 of clerk of board of directors 44 of county superintendent 8 of township treasurer 39 Compulsory attendance.. 96 Condemnation of land for school site 45 Conferring degrees Ill Consolidation of districts. See "District boundaries.', of townships. See "Township." Constitution of Illinois. 1870. Art. V.. Sec. Land Arts. VIII and IX 1,2 Contracts made by board of trustees and directors, members not to be interested in 42,85 made with teachers, conditions of validity of 55,56 Control of school houses 44, 45 Controversies arising under school law. . 13 appeal of. to State Superintendent... 4 Conveyance of real estate by county su- perintendent 11,78 by trustees 21 to cities in trust 54 Corporation, board of education, a 48 board of directors, a 40 board of trustees, a • 15 not to make sectarian grants 85 Costs not chargeable to school officers, when 86 156 Index — Continued. County board 69 bills of county superintendent to be audited by 8, 70 bond of county superintendent ap- proved by 6 examination of report of land sales by 9,70 liability of, for failure to make exam- ination 70, 71 may require new bond of county su- perintendent 69 must furnisn office and supplies 70 vacancy in office of county superin- tendent 7, 70 County clerk 67 election of trustees, ordered by 16 list of trustees furnished county su- perintendent by 18. 67 map of township, filed by 27 tax-payers, list of, filed by 27 to compute district taxes 68 to certify to same to township treas- urers 68 to record statement ot land sales 69 to transmit county superintendent's bill to State Auditor 69 County fund — consists of what 72 loaned by county superintendent 13 County superintendent of schools 6 accounts of township treasurer, ex- amined by 9 adviser of school teachers and officers 9 appeal from, to State Superintendent 13 appeal to, from action of trustees 10 apportionment of funds by 12 same, of interest on county funds 12 assistant of 8 bond of 7 bond of township treasurer, approved and held by 12 may demand that same be li;creased.31, 32 certificate, teacher's, may grant 10,56 same, may renew or revoke 11,56 same, to make record of 11, 56 •compensation of 8 controversies under school law, re- ferred to 3 county funds, loaned by 13 directors, may order election of 40 same, may remove 11, 46 election of 6 examination of teachers, to make... 11, 56 examination of treasurer's accounts, etc., to make 9 fines and forfeitures, duties of, con- cerning 12, 80 funds, withheld by 12, 87 map of county prepared by 122 may be chosen 2 notes, etc., taken by 13 numbering school districts 112 oath of office, taken by 6 office for 7 office turned over to successor by 13 ■qualifications of 2 real estate, may sell and convey, and lease 11, 79 records, kept by 11 removal of, by county board 69 report of, to county board 11, 78 same, to State Superintendent 11 same, to trustees, on treasurer's ac- counts, etc 10 sale of common school lands by. See "Common school lands." schools visited by 9 statistics of townships, may make tap . 12 same, cost of may collect from trus- tees 12 supplies for 7 Co. superintendent of schools— Concluded. teachers examined by 11,56 teachers' institutes conducted by 9,58 treasurer's accounts examined by 9 treasurer's bond approved and held by 12 trustees, election of, ordered by 10 vacancy in office of, how filled 7 County treasurer to give notice to direc- tors and trustees 87 Deaf children 105 Debt, bonded, how disposed of in case of change of district lines 8 Debts, of old district to be deducted 29 due school funds, preferred claims . . 35 same, may be compromised by trus- tees 22 Default in payment of loans or interest thereon 35 penalty for same 35 Degrees, conferring of Ill Demands against school officers, liens for, upon real estate 84 Diploma of county normal school some- times qualification for first grade certificate 55 Directors of schools, a body politic and corporate 39 boards of, elected 39 apparatus purchased by, when 44 bonds issued by 45,65 bonds, refunded by 67 branches of study prescribed by 43 certificate of tax levy made by 61 same, when to return 62 same, when district is in two or more counties 63 clerk of, see "Clerk " dismissal of teacher 44 duties of, with regard to the schools . .42, 43 election of 40 same, notices of 40 same, ordered by county superintend- ent 40 same, ordered by township treasurer. 40 election of, on Saturday 40 same, postponed 40 elections to choose school sites, etc., called by 45 exclusion of colored children from schools by, prohibited 86 exhibit by towhship treasurer to 36 same, posted by, at annual election.. 36 interest in contract made by the board, prohibited to 42 same, in sales of books, etc., used in the district, prohibited to 1, 42, 85 interest on teachers' orders, to pay when 37, 61 judges of district elections 40 judgments and executions against. . . 88 for conversion of school fund 83 for failure to discharge duties of office 83 for failure to make returns 83 for loss of school funds 83 for perversion of school funds to sectarian purposes 85 liable 45, 46, 83, 84, 85 libraries aud apparatus purchased by, when 44 may assume indebtedness created for district 96 may borrow money, when 65 may compensate clerk 44 may not be trustees 40 meeting of 41 names of teachers reported to county superintendent by 42 157 lyidex — Continued. Directors of sdaools— Concluded. non-residence of members of consti- tutes vacancy 40 official business of, how transacted.. 41 orders drawn by 43,45.46 same, may not be drawn, when 43,45 organization 41 poll-book, returned by 41 power of, to tax..., 61,62 same, limitations 61,62 president of board 41 property of district, personal, sale of by 44 pupils transferred by 46 same, amount due on account of, col- lected by 46 qualifications of 40 quorum of 41 records kept by 41 records, submitted to treasurer 41 removal of 46 reports to treasurer 41 schedules, certified by .' 43,60 same, delivered to township treasurer by 43 same, delivery of limited 43 same, receipted for 60 schedules, separate, delivered by, when 46,59 school house controlled by 44 same, use of for meetings granted by . 44 school house site, located by, when . . 45 teachers, employment of, by 43 same, how limited 57 teachers, payment of , by 43 same, how limited 43 term of office 40 tie at election of 41 to notify collector of taxes to whom to pay the money belonging to a union district 42, 64 transfer of pupils by 46 truant officer appointed by 97 vacancy in office, how filled 40 women may be elected 40, 86 District, boundaries of, how changed 25,51 township a, for high school 22, 23 Districting of newly organized township. 25 Districts, changes of 25 dissolved , when 30, 31 divided by county lines, taxation in . . 63 elections in 28,40,47 elections to vote on change 25 formation of 25 funds of. held by township treasurer. 21 indebtedness created for, may be as- sumed 96 list of taxpayers in, to be filed 27 maps of, made and filed 27 numbered by county superintendent. 112 property of, held by trustees 21 same, when divided 29 taxes of. See "Taxes.'" with 1, 000 inhabitants 47 with 100, 000 inhabitants 51 See "Union districts." Division of property of a district 29 Donations, etc., for school purposes 1,21 same, for sectarian purposes, prohib- ited 1,85 Eastern Illinois Normal School 121 Education, good common school, to be afforded all children 1 elementary, secured to children 96 Educational institutions, managers of boards to elect their president 110 Effects of alcohol and narcotics 91 Elections. See "State Superintendent;" "County Superintendent;" "Direct- ors of Schools;" "Township Trust- ees;" "Boards of Education." to purchase, move or build a school house 45 Eligibility to olBce, to board of educa- tion 52 to board of directors 40 to board of trustees 15 to township treasurership 18 Eligibility of women to office under school laws 40, 86 Enumeration of children. See "Census." separate, made when 20 Examination of books, accounts, etc., of county superintendent by county board 11, 70 of directors by township treasurer- . . 41 of treasurer by county superintend- ent 9 same, by trustees 21 Examination of teachers by county su- perintendent 10, 56 for State certificates 4,56 Execution issued against directors and trustees — 88 Executors to give preference to school debts 35 Exemption from road labor and military duty 88 Expulsion of pupili by directors 44 False returns of children 84 Pines. See "Penalties." Fines and forfeitures 80 Flags on school houses 104 Forfeiture of funds by townships 20 Form of bond of county superintendent. 7 of bond of townsh ip treasurer 32 of notice to district affected by changes proposed 26 of mortgage 34, 35 of register 58, 59 of schedule and certificates thereto. .59, 60 of school orders 46. 73 of tax certificates 62 of teachers' certificates and record... 56 of treasurer's record of notes 33 Fractional townships. See "Townships, fractional." Free schools established 1 Fund, school, county, consists of what .. 72 interest on. distributed 13, 72 principal of, loaned 13 real estate belonging to 79 Fund, school. State, consists of what 71 distributed 71, 72 Funds, school, township, consist of what. 72 interest distributed 72 principal loaned 33, 72 real estate belonging to 21, 72 Funds. See "Apportionment of funds." forfeiture of 20 withheld by county superintendent. .12, 87 same, by order of State Superintend- ent 6 Funds, school district, custodian of 21 how paid out 73 surplus loaned 34 union districts collected in one treas- urer's hands 42. 64 Furniture, school, sale of by school offi- cers prohibited 1, 85 purchase of 61 Genera] Assembly to establish free schools 1 158 Index — Continued. Governor to approve State Superintend- ent's bond 2 Graduates of county normal schools 55 High school, township. See "Township high school." Holidays 61 Illinois State Normal University 115 Illiteracy, report of 19 Imprisonment of school officers 85 Indebtedness created for certain dis- tricts may be assumed by directors . 96 previous, tax to pay, not limited 61,62 refunded 67 Indictment of school officers 85 of trespasser 75 Informer to receive half 75 Institutes, superintendents to assist in.. 9,58 fees for 58 teachers may attend without deduc- tion of wages 58 Institutions of learning to report 87 Insurance of improvements included on real estate loans 35 Interest, action to recover 35 added to principal 36,72 distributed 36, 72 on teacher's orders unpaid 61 same, how stopped 61 penalty for default in payment of 35 rates on bonds 65,67 rates on loans 33 State to pay 71 Interpretations of the school law 135 Judges of elections of directors 40 delivery of poll-book by 41 Judges of election of trustees 17 delivery of poll-book by 17 Judgments against school officers 87 against purchasers of school lands . . 78 Justices, duties of. concerning fines and forfeitures 80 Kindergarten schools 100 Lands. See "Common School Lands" and "Real Estate." Levy of taxes. See "Taxes." Liability of school officers 82 Libraries, school, provisions for 44,49 Lien on real estate of school officers from date of issuing process 84 Limit of indebtedness, bonds, etc 65.67 of taxation 62, 65 Loans of county funds 13 of district funds, surplus 34 of township fund 33,34 Loss of funds, liability for 84, 85 Mandamus, writ of 88 Manual training department 106 Map of county 112 Map of township 38 filed in twenty days by township treasurer 38 Meetings, of directors 41 of trustees 18 in school houses 44 Miscellaneous 86 Month, school 61 Mortgages- form of 34 in name of county superintendent.. 13, 34 in name of trustees 21,34 Normal schools.county, act establishing. 131 State, acts establishing.115, 118. 121, 125, 128 Northern Illinois Normal 125 Notes, etc., in name of county superin- tendent 13 same, examined by county board 71 in name of trustees 34 same, examined by county superin- tendent 9 by trustees 20 same, list of given county superin- tendent, annually 34 Notice of elections, district 28, 40, 48. 66 same, townsnip 16,17,22 same, city, etc. to organize under gen- eral law. school 51,93 of examinations of teachers by coun- ty superintendent 57 by State Superintendent 56 of sale of common school lands 77 of sale of real estate 20 Oath, official, county superintendent's. . . 6 State Superintendent's 2 Office of county superintendent 7 Office of State Superintendent, where kept 3 Office supplies 7 Officers, school, exempt from road labor and military duty 88 liabilities of. See "Penalties." lien on real estate of 84 to receive advice 4,9 Orders, school, form of 46,73 when against uncollected taxes 45 teachers, substance of 60, 73 same, draw interest, when 61 same, to be drawn, when 61 treasurers to file 73 Organization of board of directors 41 of board of trustees 18 of cities, etc., under general law 47, 51 Parents must send children to school 96 Parental or truant schools 107 Patents issued to purchasers of school lands 78. 79 same, duplicates of 79 Penalties, who subject to— any person for preventing colored children from attending school 85 for trespass on school lands 75 any school officer, for causing loss of school funds 84 for neglect of duty 84,85 any school officer, or any other person for conversion or perversion of school funds 83, 84 borrower of school funds, for failure to pay interest or principal 35 cities, for failure to make report 87 collectors of taxes, for refusal to pay. 64, 72 county board, for neglect of duty to examine report of land sales 70.71 clerks of courts of record, State's at- torneys and justices, for failure to report and to collect and pay over fines and forfeitures 80,81 directors. See "Directors liable." parents, for keeping children from school 97 parents, employers, etc., for the hir- ing of children under 13 years of age 94 purchase of school lands for not se- curing payment 78 townships, for failure in delivering reports • 20 treasurers. See "Treasurers liable. trustees. See "Trustees liable." See also, "Removal from office." 159 Index — Continued . Permits to transfer pupils 46 to be filed 46 Perversion of funds to sectarian uses ... 85 penalty for 85 Petition for change of district lines 25 same to be filed twenty days 25 same, notice of to districts 25 for or against township high schol. . . 23 for sale of school house 20 for organization under the general law 51 for sale of school lands 75 Plat of common school lands 76 Poll-book, election of directors, return of. 41 same, penalty for failure 41 election of trustees, return of 17 same, penalty for failure 17 Polling places, more than one, when 17 Polls, election of trustees and directors, opened and closed 17, 40 elections of trustees 17 Poor children, books for 43 Postponement of electon 16, 40 President Board of directors 41 pro tempore, may be appointed 42 of board of trustees 18 pro tempore may be appointed 18 Principal of schools appointed when 49 Printing proceedings State Teachers' Association 113 Proceedings, ofiicial, to be recorded 18,41 Property of districts, divided in case of change of district boundaries 29 teachers to account for 58 Publication of statement by township treasurer 38 Pupils, age of 42 age and name noted on register 58 same, on schedule 59 assigned to the several schools 44 attendance of, noted 58,59 suspension and expulsion of 44 transferred 46 same, separate schedule of, when 46 under 12, in school four hours a day. . 44 Purchaser of common school lands 77 may borrow amount of bid 77 must secure payment of bid 77 to receive certificates of purchase 78 to receive patents 78 when to receive duplicates 79 Qualifications for office of county super- intendent 2 directors 40 treasurer 18 trustees 15 of teachers 55, 56 of voters 16 of women as school officers 40, 86 Quorum of directors 41 of trustees 18 Rate of interest— see "Interest." Real estate held by county superinten- dent 11, 79 by trustees 21 leased 11, 21, 74 lien on. belonging to school officers.. 84 right of way over, granted 79 security for loans 33,34 same, how valued 33 taken for indebtedness by county superintendent 79 by trustees 21 See also "Common school lands." Receipts for schedules 60 treasurer to take and file 73 Records of county superintendents.. 11, 56, 78 same, examined by county board 11,70 of directors 41 same, submitted to township treas- urer 41 of sale of common school lands 78 same, examined by county board 70 same, transcript of, filed with Auditor 79 of State Superintendent 3 of teachers' certificates granted by county superintendents 56 of treasurer 32,33 same, examined by county superin- tendent 9 same, open for inspection 18, 33 Records — same, submitted to trustees 36 of trustees 18 same, open for inspection 18,33 Registers, books furnished by directors. 59 same, returned by teachers at close of term 59 form of 58, 59 to be kept by teachers 58 Registration fee 57 Relinquishment of special charter 51 Removal from district or township, effectof 40 from office— of county superintendent 69 of directors 46 of president of board of trustees... 18 of teachers 44,50 of treasurers 18 Repeal of former acts 87,89 Reports of cities and towns 87 of collector of taxes to township treasurer 64 to trustees and directors 87 of county superintendents to county board, annual 11 same, of land sales to county board.. 9, 70 same, to Auditor 9,79 same, of condition of schools to State Superintendent 11 of directors to township treasurer... 41 same, to county superintendent 42 same, to voters at annual meeting 43 of fines and forfeitures 80 of institutions of learning 87 of rentals to county superintendent.. 74 of State Superintendent to Governor 3 of statistics— See "Statistics." of treasurer to trustees, annual and semi-annual 36 of trustees to county superintendent 19 same, items of 19 penalties for failure to make— See "Penalties." Revenue and taxation 61 Road labor exemption 88 Rules and regulations made by board of education 49 by directors 42 by State S uperintendent 4 Salary of State Superintendent 3 Sale of common school lands— see "School lands." of real estate— see "Real estate." of school books, etc., limitations 1,85 of school house and site 20 of school property 44 Schedules, certificates upon, form 59 delivery of, to directors 60 to township treasurer 43 form of 59 receipt for, given to teacher 60 teacher to keep 59 160 Index — Continued . Scholars— See "Pupils." Scholarships, State University 133 School, any gift, etc., to 1,20 Scnool books— See "Test books." School books, apparatus and furniture, school officers not to be interested in when 1.42,85 School directors— See "Directors." School districts— See "Districts." School elections— See "Elections." School funds 71 School house, building of, tax for lim- ited 61, 62 same, vote necessary to authorize 45 controlled by directors 44 meetings in 44 repairing and improving 44, 52, 61 site of 45 title to, in trustees 21 School inspectors 98, 99 School lands 74 School libraries 44, 61, 62 School month 61 School officers- exempted from road labor and mili- tary duty 88 legal advisers of 4, 9 liable for conversion of school funds 84 for exclusion of colored children 86 for failure to return, or false return of statistics 84 for losses of school funds 85 for perversion of same 85 lien on real estate of 84 selling school books, etc., by, prohib- ited, when 1,85 See also "Superintendent of Public In- struction and other officers." School orders. See "Orders." School site. See "Site." School superintendent. See "Supt." School tax. See "Taxes." School trustees. See "Trustees of schools." School visitation 9, 42, 49 School teachers. See "Teachers." School year 42 Schools, branches of studv in. how deter- mined 43, 50. 56 high. See "Township high schools." management of 23, 42, 43, 49, 52 normal 115, 118, 121, 125, 128. 131 supervision of 4, 10 support of 42,49 term, in cities 49 same, in districts 42,45 same, may be extended, how 45 visitation of 9. 42, 49 Secretary of State to hold State Superin- tendent's bond 2 Sectarian purposes, perversion of funds to, prohibited 1, 85 Security on bonds. See,"Bonds, official." personal, on loans 33,34 real estate, on loans 33,34 same, improvements on. to be valued 35 Settlement, trustees may make 21 Site, school house, choice of 45.52 same, when made by directors 45 sale of 20 condemnation of land for 45 title held by trustees 21 Sixteenth section, constitutes common school lands 74 other sections in lieu of 74 Some interpretations of Illinois school law 135 appeals 135 board of directors— powers and duties 135 board of education- powers and du- ties 137 Some Interpretations of Illinois School Ij&v!— Concluded, bonds 138 calendar month 138 certificates 138 corporal punishment 139 county superintendents— powers and duties 139 course of study, and its enforcement. 140 elections , 140 funds 141 holidays for schools 142 institutes 142 kindergarten schools 143 oath of office 143 petitions 143 pupils 144 school sites 145 State superintendent 146 taxation 146 teachers 146 township high school— formation 147 township treasurer— powers and du- ties 148 truancy and non-attendance 149 tuition 150 vaccination of pupils 150 women as voters 151 Southern Illinois Normal University — 151 Special acts may be relinquished 51,93 modified in certain cases 61,87,90 not repealed 87 government in annexed territory 110 issuance of bonds 113 State to pay interest 71 State's Attorney. See "Attorneys. State certificates 4, 56 State charitable institutions, superinten- dent of, to report 5 State charitable institutions, visited by State Superintendent 5 State funds 71 State normal schools 1 15, 118, 121, 125, 128 State Superintendent. See "Superin- tendent of Public Instruction," State teachers' association, printing its proceedings 113 Statements, made by teachers 59 Statistics, not divisible, how reported... 20 See "Reports." Sufficiency of treasurer's securities, trustees responsible for 84 Suits. See "Actions." Superintendent of Public Instruction ... 2 adviser of county superintendents... 4 bond of 2 certificates. State teachers granted and revoked by 4. 55, 56 election of /.-■ 2 forfeitures remitted by 5 funds withheld by 6 not to be interested in the sale of school books, etc 1. 85 oath of office of 2 office of, at seat of government 3 same, expense of 3 papers, etc., filed and preser'^^ed by 3 record kept by 3 report of, to the Governor 3 rules to enforce the school law, made by 4 salary of, determined by law 3 term of office of 2 to advise school officers 4 to approve manuscript of proceed- ings. State teachers' association ... 113 to counsel and advise with teachers. . 3 to have supervision of the public schools f to visit State charitable institutions . 5 161 Index — Continued. Superintendents of State charitable in- stitutions to report to State Super- intendent ( 5 Siiperintendents of schools, appointed when 49 Sureties. See "Bond, official." Suspension of pupils 44 Taxes, school, collection of 63 computation of, basis of 63 same, made by county clerk 63 collector of, to pay how. in case of union districts 64 same, to pay township treasurer 63 same, failure to pay 64 levy of. form of certificate 62 same, when returned 63 must be uniform 63 power to levy, grr.inted board of edu- cation in cities and villages 49, 62 to directors 45, 62 same, limited 45,62 same' in satisfaction and judgment. 87, 88 Taxpayers, list of filed 27 Teachers, appointment of 42, 49, 53 can not be paid, when 43,57,59 dismissal of 44, 50 examination of 49, 55, 56 must have certificate 43,56 names of, reported to county supt 42 not to teach on holidays 61 pension fund 101 registers to be kept by 58 same returned to directors 59 schedule to be kept by 59 Teachers — same certified 60 same, unpaid, balance of to draw in- terest 61 statements made by 59 wages of, due when 61 teachers, certificates of 55 Teachers' institutes held by county su- perintendent 9, 58 fees for 57 teachers may attend without deduc- tion of wages 58 Term of office of board of education 48 Term of township board of education 22 of county superintendent 6 of directors 40 of State Superintendent 3 of treasurer 18 of trustees 16 Terms of loaning school funds 33 of sale of school lands 77 Text books prescribed by directors 43 same, to be uniform 43 same, not to be changed of tener than once in four years 43 same, for poor children 43 same, not to be sold by school officers. 1,85 Tie vote, how decided 17.41 Title to real estate— to. school houses and lots 21 to common school lands, from the State 74, 78 Town meeting, election of trustees at . . . 18 Towns and cities. See "Cities and Towns." Township, school business of, done by trustees 16 congressional, made a school town- ship 14 divided by county lines 20 same, tax in 63 fractional, consolidated with adja- cent, when 14,75 fund of. "See fund." funds appropriated to 12 same, forfeiture of 6,20 ' —11 s. Township— CoM^nwed. made a district to support a high school 22, 23 may unite with another or with parts of others for the same purpose 23 newly organized, districted 25 same, map of 24 redistricted 51 school section belonging to 74 Township board of education 22 term of office 22 duties 22 Township high school, how discontinued 24 same, disposition of property 24 how established 23 how supported 23 Township treasurer 31 accounts of how kept 32,33 appointment of 18 same, who eligible to 18 bond official, approved 12,31,32 same recorded 12 delivered to county superintendent. 12, 31 form of 32 increased when 32 books and accounts of, examined by county superintendent 9 by trustees 20, 36 same, subject to inspection 20,33 same, submitted to trustees 36 certificate of amount of taxes due sent to, by county clerk 68 certificate of tax levy returned by, to county clerk 37 clerks of trustees, to be 19 compensation of 39 county superintendent may direct in case of change of district lines 27 custodian, only legal, of funds of boards of education , when 50, 51 of district funds 21 of township If unds 36 debts due township probated by 35,36 district funds paid out by, how 46 district records examined by 37 election of trustees, called by 38 eligibility of 18 duties of, as to transfer of pupils . . .37,46 same, of directors 46 interest paid teachers by, when 37 liable in a civil action — for failure or refusal to perform legal duties 38, 83 same, when not liable 38, 83 for failure to turn over books, etc., to his successor 83 liable in a criminal action— for loss of school funds 83 for conversion of school funds 83 for failure to report statistics, or for false return of same 84 for perversion of school funds to a sectarian use 85 for being interested in the sale of school books, etc ..1,85 lien on real estate of 84 list of taxpayers made and filed by.. 38 maps made and filed by 38 money paid to by tax collector 64 moneys, bonds, etc., delivered to, on certified statement of county super- intendent 13 not to be interested in the sale of school books, etc., when 1, 85 notes, bonds, etc., held by. examined by county superintendent 10 same, list of, given to county superin- tendent annually 34 same, submitted to trustees 36 cash held by, verified by trustees 36 official term of, two years 18 162 Index — Continued, Township treasurer— C'oniiMMecZ.i poll-book of district elections filed with 41 removed by trustees, when 21 responsible for losses, when 84 State and county funds paid to, by county superintendent 13 statement to directors, made by un- der oath semi-annually 36,37 statement to trustees 36 sued by trustees, when 21 suit brought by, against tax collector 64 same, to recover interest 35 same, when additional security is not given 35 surplus of district funds, loaned by 34 to make teachers' orders interest bearing when not paid on presenta- tion 37, 61 same, to record 37 to file orders paid 73 to hold funds to pay same 37 to take and file receipts for money paid 73 to publish statement annually 38 to turn over ofllce, etc.. to his succes- sor 38 same, in case of his death 38 township fund loaned by 33 Transfers 46 Trees cut. etc., on school lands 75 Trespassers on school lands 75 liable to fine and commitment 75 Truant officer 96,97 to report offenders 97 Truant or parental schools 107 Trustees of school lands 31 Trustees of schools 14 accounts, etc., of treasurers exam- ined by 21,36,37 appointment of funds by 19 body politic and corporate, a 15 boundaries of districts changed by— at April meetings 25 bonded debt, how disposed of 28 funds divided 29 liability for failure to divide funds. 30 property appraised 29.30 debts deducted from the same 29,30 remainder of same divided 29, 30 same, appeal from action of trustees. 27 how taken 27 who may appeal 27 same, election ordered in new district by 28 same, new map and list of tax:payers filed by. within ten days, with coun- ty clerk 27 clerk appointed by, who is also treas- urer 18 savae.pro tempore 18 debt, due school fund compromised by 21 election of, conducted how 17 same, contested how 17 same, held for first time 15 same, notices of 15 same, ordered by township treas- urer 15 same, polls opened and closed when 16 same, postponed 16 same. tie. how determined 17 same, time of 15 same, voters at, qualifications of... 16 election of, at town meetings 18 eligible to office of trustee, who are . . 15 gifts, grants, etc.. received by 20 judges of election 16 Trustees of schools — Concluded. liable in a civil action — for failure to distribute property in case of a division of a district 30 for failure to return poll-book 17 for failure to return statistics, or for false return of same 12, 85 for loss of school funds 84,85 for insufficiency of treasurer's se- curities 84 liable in a criminal action— for being interested in sale of sch ool books, etc i, 85 for conversion of school funds 83,84 for perversion of funds to a secta- rianuse 85 list of, furnished county superintend- ents by county clerk 18 map of townships, made by 27 meetings of, regular and special 18 organization of board of 18 president appointed 18 same, pro tempore 18 quorum of 18 real estate, leased by 21, 74 purchased by 21 sold by 21 report to county superintendent 19 same, items 19 school house and site sold by 20 same, title to, held by 21 separate enumeration made by. when 20 successors to "Trustees of school lands" 31 term of office 15,17 title to school house and site held by. 21 townships laid off into districts by . . . 24 treasurer appointed by 18 same, removed by 21 same, sued by 21 treasurer's accounts, etc.. examined by 21 vacancy in office, how filled 17 Union school district dissolved, how — 30,31 funds of, put in hands of one treas- urer 42,64,73 University scholarship act 133 Use of school houses for meetings 44 U. S. flags on school houses 104 Vacancies in office of board of educa- tion 48,49,52 of county superintendent 7 of directors 40 of trustees 18 Validity of teacher's certificates 55,56 Valuation of common school lands 77 Visitation of schools 9,42,49 Vote of the people required to borrow money 65 to establish or discontinue a town- ship high school 22 to levy a tax to extend a district school beyond nine months 45 Vote, etc.— to locate a school house 45 exception to the same ; - • 45 to refund bonds or outstanding in- debtedness 67 to purchase or build a school house.. 45 Voters of districts may add higher branches 57 qualifications of l" 163 Index — Concluded. Warrants, Auditor to issue to county su- perintendent 8, 69 paid by county collector 69 return by same 71 refusing to pay penalty for 72 See also "Orders." Western Illinois normal school 128 Women may be school officers 86 qualifications 40, 86 to give bond and qualify as required by law 86 may vote 95 HAY 31934 >;?--?-w-f_ ^