Glass ^ Ly BooL THE School Law of Illinois WITH ANNOTATIONS Compiled by J. C. THOMPSON, Assistant Superintendent. JTHADEslj 'ytgr tCOUNc'lV.^ SPRINGFIELD: Illinois State Journal Co., State Printers 1906 3 THE School Law of Illinois "WITH ANNOTATIONS Compiled by J. C. THOMPSON, Assistant Superintendent. SPRINGFIELD: Illinois State Journal Co., State Printers 1906 L~_B %^ 2^o( 1 1 G '■^ ■'^'^^l^-fw nb •16 190^ «90 TABLE OF CONTENTS. Page. Constitutional provisions 1 ARTICLE I. , Superintendent of Public Instruction. Section— 1 Election and term of office 13 2 Oath— bond 13 3 Salary— contingent expenses 13 4 Duties 14 5 Powers 15 6 Liability 16 ARTICLE II. County Superintendent. 1 Election— term of office 17 2 Oath— bond 17 3 Form of bond 17 4 Liability on bond 17 5 New bond 17 6 Office— supplies 18 7 Repealed 18 8 Vacancies 18 9 Time of service may be limited 18 10 Assistants 18 11 Compensation 19 12 Shall itemize accounts 20 13 Duties 20 14 Powers 22 15 Books to be kept 22 16 Report to county board 22 17 Report to Superintendent of Public Instruction 28 18 Preparation of trustees' report 23 19 Approval of treasurer's bond 23 20 Apportionment of funds 24 21 May lend county funds 24 22 Appeal 25 23 Delivery to successor 25 ARTICLE III. Trustees of Schools. 1 School township 25 2 Fractional township 26 3 Trustees of schools 26 4 A body politic 26 IV Table of Contents — Continued. Section- Page. 5 Election 28 6 TermofoflBce 28 7 Qualification 28 8 Notice of election 28 9 Election in certain cases 29 10 First meeting 29 11 Judges of election 29 12 Voter's qualification 29 13 Election, how conducted 29 4 Election may be postponed 80 15 Superintendent to order election, when 30 16 Vacancies 30 17 Tie vote 30 18 Pollingplace 30 19 Election in certain townships 31 20 Pollbook 31 21 County clerk to furnish list 32 22 Organization 32 23 Term of oflBce, president and treasurer 32 24 Record of meetings 32 25 Semi-nnnual meetings— quorum 32 26 Distribution of funds 33 27 Funds credited to districts 33 28 Report to county superintendent 33 29 Separate enumeration 34 30 Examination of treasurer's books 34 31 Gifts, grants and donations 35 32 Sale of school house 36 33 Conveyance of real estate 37 34 Treasurer custodian of funds 37 35 May purchase real estate, when 38 36 Power to make settlements 38 37 Power to sell or lease lands 38 38 Township high school 38 39 Ballots for high school election 41 40 Election for board of education 41 41 Powers of board of education 43 42 Two or more townships or districts may join 43 43 Discontinuance of high school 44 44 Canvass of ballots 45 45 Liability of trustees 45 46 Districts in newly organized townships 45 47 Changes in district boundaries 46 48 Petitions 47 49 Change of boundaries in certain districts — 43 50 Filing of petition ..'. 49 51 Concurrent action of boards of trustees 49 52 Board of trustees may adjourn 50 53 Consideration of petition 51 54 Appeal to county superintendent 51 55 Clerk to transmit record 52 56 Appeals in certain cases 52 57 Filing map and hst of tax payers 53 58 District with bonded debt 54 59 Election in new district 54 60 How conducted 54 61 Organization 65 62 Election in certain cases 55 63 Distribution of funds 55 64 Appraisement of property 56 65 Liability of trustees 56 Table of Contents — Continued- section- Page. 66 Liability of clerk 57 67 Failure of district to maintain school 57 68 Dissolution of union district 57 69 Successors to trustees of schools 5' ARTICLE IV. Township Treasurer. 1 Bond— duties • 58 2 Treasurer's account 60 3 Terms of loans 61 4 Securities payable to board of trustees 63 5 Treasurer may lend surplus fund 63 6 Statement of township funds 63 7 Form of mortgage 63 8 Insurance 64 9 Additional security 64 10 Class of claim 65 11 Penalty 65 12 Manner of bringing suits 65 13 Custodian of funds 66 14 Semi-annual statement 66 15 Annual exhibit 66 16 Statement of district accounts 66 17 Penalty 67 18 Orders draw interest, when 67 19 Additional duties 67 20 Liability 68 21 Delivery to successor 68 22 Compensation 69 ARTICLE V. School Directors. 1 Board of three members 69 2 A corporation 69 3 Eligibility 73 4 Vacancy 73 5 Election— term of office 73 6 Election in new districts 73 7 Vacancies 73 8 Notice of election 73 9 Election in certain cases 73 10 Judges of election 73 11 Tie vote 74 12 Poll-book 75 13 Poll-book in union district 75 14 Failure to return— penalty 75 15 Organization 75 16 Quorum 75 17 Records 75 18 Meetings , 76 19 Official business 76 20 President or clerk pro tempore 76 21 Report of organization 77 22 Report to treasurer 77 23 Not to be interested in contracts 77 24 Not to be interested in sale of books 77 25 Penalty 77 TI Table of Contents — Continued. Section— Page. 26 Duty of board of directors 77 27 Additional powers of directors 86 28 Order on treasurer 86 29 Order in anticipation of taxes 86 30 Liability of directors 87 31 School house site 87 32 Compensation for site 88 33 Removal 89 34 Funds— how paid— form of order 89 55 Transfer of pupils 89 36 Tuition 89 ARTICLE VI. Board of Education. 1 Cities and villages 90 2 Board of education 90 3 President 90 4 Duties of president 91 5 Election 91 6 Notice of election 91 7 Failure to give notice 92 8 Election— how conducted 92 9 First election— to succeed directors 92 10 Powers of board of education 92 11 Yeas and nays 95 12 Powers exercised only at meetings 95 13 Conveyances 95 14 School fund subject to order of board 95 15 Special charter may be abrogated 96 16 Organization under general law 96 17 Board in cities of 100,000 inhabitants 97 18 Eligibility ,^ 99 19 Organization 99 20 Records 100 21 Powers with concurrence of council 100 22 Powers of board 102 23 Duty of board 102 24 Powers exercised only at regular meetings 103 25 Conveyances 103 26 Moneys held by city treasurer 103 27 Limit as to expenditure 104 28 Powers of board— city council 104 ARTICLE VII. Teachers— Certificates. 1 Qualifications 104 2 State certificates 104 3 County certificates 104 4 Record of teachers 107 5 Compensation 107 6 What branches taught 107 7 Examinations 108 8 Fee 108 9 Transmitted monthly to treasurer 108 10 Annual institute 108 11 Time attending institute 109 12 Care of property 109 13 Register 109 VII Table of Contents — Continued. Section- Page. 14 Schedules 110 15 Directors to examine HI 16 Wages payable monthly HI n School month— holiday Ill ARTICLE VIII. Revenue— Taxation. 1 May levy tax annually 112 2 Certificate of tax 115 3 Return of certificate 120 4 Tax levy 120 5 County Clerk to compute tax 121 6 Assessment of personal property 121 7 Taxes to be uniform i 121 8 Certificate of amount due 122 9 Collector to pay tax to treasurer 122 10 When district in two townships 123 11 Failure to pay— penalty 123 12 Blank books— notices 124 13 Failure to file certificate 124 ARTICLE IX. Bonds. 1 Vote necessary 124 2 Registration 126 3 Money covered into treasury 126 4 Election— form of notice 127 5 Judges— clerks— ballots 128 6 Poll book— return— penalty 129 7 Refunding 128 ARTICLE X. County Clerk. 1 Clerk to furnish list of trustees 130 2 District boundary changes 130 3 District in two or more counties 130 4 Clerk to furnish value of taxable property 130 5 Clerk to compute tax 130 6 Clerk to transmit bills to Auditor 131 7 Clerk to record land sales 132 ARTICLE XI. County Board. 1 Power of county board 132 2 Duty of county board 133 3 Statement of land sales 133 ARTICLE XII. School Fund. 1 Common school fund 134 2 State to pay interest 134 3 Apportionment of fund 134 4 Warrants 134 5 Suit against defaulting collector 135 VIII Table of Contents — Continued. Section- Page. 6 Township fund 135 7 Sciiool funds— iiow paid 135 8 Orders 136 9 Union districts 137 10 Funds in special districts 137 ARTICLE XIII. School Lands. 1 Section sixteen 137 2 Townsiiip business— where transacted 138 3 Trustees may rent land 138 4 Right of way depot grounds 138 5 Trespass on school lands 138 6 Trespasser liliely to indictment 139 7 Penalties— to whom paid 139 8 Petition for sale 140 9 Fractional township 140 10 Division 140 11 Plat 140 12 Size of lots— roads and streets 141 13 Valuation 141 14 Advertisement 141 15 Placeofsale 142 16 Terms of sale 142 17 Sale 142 18 Closing sales— payment 142 19 Unsold lands— private sales 143 20 New valuation of unsold lands 143 21 Certificate of purchase— entry 143 22 Annual statement of sales 143 23 Transcript sent to Auditor 143 24 Patent for school lands 144 25 Certificate of purchase 144 26 Real estate taken for debt 145 27 Dedication for streets 145 ARTICLE XIV. Fines and Forfeitures. 1 Tobepaidto superintendent 146 2 Collection of 146 3 Enforced collection of 146 4 Report of fines— duty of court 146 5 Penalty for failure to remit fines collected 147 6 Penalty for failure to make report 147 ARTICLE XV. Liability of School Officers. 1 Of trustees— insufficient security 148 2 Of judges— failure to deliver poll book 148 3 Of directors— failure to deliver schedules 148 4 Of treasurer— failure to perform duty 148 5 Of bondsmen— delivery to successor 149 6 Conversion of funds— penalty 149 7 Of trustees— sureties of treasurer 149 8 Real estate of school officers 149 9 Of trustees— failure to make returns of children 150 IX Table of Contents — Continued. Section— Page. 10 Failure to furnish statistics— penalty 150 11 School ofBcers responsible for loss of funds 151 12 Appropriation for sectarian purpose 151 13 Not to be interested In sale of books 152 1 4 Excluding colored children— penalty 152 ARTICLE XVI. Miscellaneous. 1 Costs— when not charged 152 2 Women eligible to hold ofiBce 153 3 Bond 153 4 Exclusion for color— penalty 153 5 Exclusion of children— penalty 154 6 Payment of funds to township treasurers 154 7 Construction 154 8 Report of institutions 155 9 Judgments — how enforced 155 10 Compensation— exemptions 157 11 Term of officers 157 12 Former acts repealed 157 13 Emergency 159 SPECIAL CHARTERS. Alton School District 160 Ashmore School District 162 Bloomington School District 167 Canton Union School District 174 Carlinville School District 178 Charleston Union School District ; 178 Cordova School District 184 Decatur School District , 188 Galena School District ; 195 Galesburg School District 197 Hey worth School District 202 Jacksonville School District 204 Joliet School District 209 Kankakee School District 202 Kickapoo Union School District 218 Lacon Union School District 223 LaHarpe School District 228 Lake Forest School District 229 Litchfield School District 231 Macomb School District 234 Normal School District , 237 Paris Union School District 241 Pekin School District 247 Peoria School District 254 Polo School District 2C0 Princeton High School District 266 Rockford School District 272 Rock Island School District 272 Rushville Union School District 280 Shelby ville Union School District 288 Sparta School District 293 Springfield School District 298 Tuscola Union School District 303 Upper Alton School District 310 Warsaw School District 314 Waukegan School District 321 Wilmington School District 323 Table of Contents — Concluded. SUPPLEMENTAL ACTS. Page. Board of education appointed 32(3 Board of education elected 328 Board of education elected in certain cases 330 Board of education elected in certain districts 331 Bonds 331 Existing indebtedness 333 Government of schools in annexed territory 333 ADDITIONAL ACTS. Arbor day 335 Bird day 335 Classes for crippled children 335 Classes for deaf children 336 Child labor 337 Compensation of judges and clerks 343 Employes pension fund 344 Fees and salaries 348 Flags 349 High school districts 350 Kindergarten schools 353 Manual training in high schools 354 Numbering school districts 355 Parental schools 356 Physiology and hygiene 358 School attendance 359 State teachers' association 361 Teachers' pension fund 361 Woman suffrage 363 APPENDIX. University of Illinois 365 University scholarships 365 Normal University 367 Southern Illinois Normal University 369 Northern Illinois State Normal School 372 Eastern Illinois State Normal School 375 Western Illinois State Normal School 378 Normal scholarships 381 County normal schools 382 CALENDAR. Calendar 384 CONSTITUTIONAL PROVISIONS. Aetici-e 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. 1. The free schools of the State are public institutions, and in their man- agement and control, the la'w contemplates that they should be so managed and controlled, that all children within the district, between the ages of 6 and 21 years, regardless of age or color, shall have equal and the same right to participate in the benefits to be derived therefrom. Chase v. Stephenson, 71-383. 2. This provision of the Constitution was doubtless intended as a limitation upon the power of the Legislature to provide for the maintenance of free schools by local taxation of a different character from that named in the sec- tion. In other words, under this section of the Constitution the Legislature has the power to enact laws under which a thorough and efficient sj'^stem of free schools may be established and maintained by local taxation, in which all the children of the State may receive a good common school education. Richards v. Raymond, 92-612. 8. No definition of a common school is given or specified in the Constitu- tion, nor does that instrument declare what course of studies shall constitute a common school education. The phrase a common school education is one not easily defined. One might say that a student instructed in reading, writ- ing, geography, grammar and arithmetic had received a common school edu- cation, while another w^ho had more enlarged notions on the subject uiight insist that history, natural philosophy and algebra should be included. It would be almost impossible to find two persons who would in all respects agree in regard to what constituted a common school education. Ibid. 4. At the time of the adoption of the Constitution there was a wide differ- ence of opinion in different parts of the State as to what constitutes a com- mon school education. A constitution which would have impaired, in any degree, the free high school system in existence w^ould not have received the approval of the voters of the State. While the Constitution has not defined what a good common school education is, and has failed to prescribe a limit, it is no part of the duty of the courts to declare by judicial construction, vphat particular branches of study shall constitute a common school educa- tion. This is a proper question for the determination of the Legislature. Ibid. 5. This section of the Constitution is mandatory, and, at the same time, it is a limitation upon the power of the General Assembly. So far as it makes it the duty of the Legislature to establish a thorough and efficient system of free schools, it is mandatory. But the latter clause of the section is a limita- tion upon the power of the Legislature as to the character of education to be afforded by the system of free schools to be established and maintained. Powell V. Board of Education, 97-375. 6. In pursuance of this provision of the Constitution, which makes no dis- tinction in regard to the race or color of the children of the State who are 2 entitled to share in the benefits to be derived from our public schools, the Legislature has passed an act to establish and maintain a system of free schools. This act provides that each district shall establish and keep in operation, for at least six months in the year, and long-er if practicable, a suiScient number of free schools for the proper accommodation of all children in the district, and shall secure to all such children the right and opportunity to an equal education. This shows the clear intent of the Legislature to make all children, regardless of race or color, between the ages of 6 and 21 years, beneficiaries, and entitled to the same rights and privileges in our free schools. People v. Board of EdxicaUon, 101-308. 7. Section 1, article 8 of the Constitution makes it the duty of the General Assembly to provide a system of free schools, but leaves to the Legislature the discretion as to the mode in which the system shall be organized, and the officers by whom it shall be controlled and directed, and its affairs adminis- tered. The only school officers expressly provided for by the Constitution are a county superintendent of schools in each county, and a superintendent of public instruction. Plummer v. Yost, 144-68. 8. The General Assembly, in view of this declared policy of the Constitu- tion, deemed it expedient, in the distribution of the powers of the State government, to provide for the creation of boards of education, and to delegate to such boards the necessary power and charge them with the duty to carry the constitutional mandate into execiition. Kinnare v. City of Chicago, 171-332. 9. The foregoing section is not self-executing, and the Legislature must, either by general or specific grant, give the power to a board of education to purchase with public school funds, text books for the use of all scholars, before it can be held that a board of education has such power. Harris v. Kill, 108A-305. 10. Pursuant to this provision of the Constitution, the State Legislature enacted the school law of 1889. By this act school districts were divided ac- cording to population into three classes — those having a population of fewer than 1,000 inhabitants, those having a population of not fewer than 1,000 and not more than 100,000 inhabitants, and those having a population exceeding 100,000 inhabitants. IMd. 11. The general school law of 1889 provides for the organization of schoo- districts and the maintenance therein of free schools in which the children of the State may receive a good common school education. Under that act any school district can maintain different departments and grade and classify the scholars so as to promote the efficiency of the school. It may maintain and establish grades and divisions for instruction of advanced scholars in the same higher branches that are taught in high schools. Russell v. High School Board of Education, 212-327. 12. Section 1, article 8 of the Constitution declares, that the General As- sembly shall provide a thorough and efficient system of free schools, whereby all children of this State may receive a good school education. That section is both a mandate to the Legislature and a limitation upon its power to es- tablish schools except for the purpose of a good common school education. But a high school for the education of the more advanced pupils is a school of the character required by the Constitution. Any school district may estab- lish and maintain a high school department. Ibid. 13. Section 1, article 8 of the Constitution directs that the General Assembly shall provide a thorough and efficient system of free schools, w^hereby all children in this State may receive a good common school education. There is no limitation in that or any other article as to the agencies the State shall adopt in providing this system. There is, it is true, a limitation as to the amount of indebtedness a school district may contract, but there is no attempt to limit the Legislature in providing for the formation of school districts, nor in prescribing who shall or who shall not be empowered with the levy, col- lection and custody of school taxes. The General Assembly may, therefore, act, in these respects, at its discretion, and prescribe such mode for the for- mation of school districts, and designate such persons for the levying, collect- ing and having the custody of school taxes, as it, alone, shall consider most conducive to the public interests. Speight v. The People, 87-595. § 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. 1. By the compact between the United States and the State of Illinois, upon the admission of the latter into the Union, it is agreed, among- other things, that section sixteen in every township shall be granted to the State for the use of the inhabitants of such township, for the use of schools; and that three- fifths of the net proceeds of the sales of public lands lying within the same, shall be appropriated by the Legislature of the State, for the encouragement of learning, of which one-sixth shall be exclusively bestowed on a college or university. Bush v. Shipman, 4-186. 2. The grant of the sixteenth section is made directly to the State, for the use of the inhabitants of the township, for the use of schools. It is indeed a sacred trust, and the State, as trustee, should, by proper legislation, see that it is faithfully executed. ***** The Legislature may, from time to time, direct in what manner the school funds shall be loaned, upon what se- curity, at what rate of interest, in what currency they shall be received, and by whom they shall be applied. Ibid. 3. The insertion of the w^ords, in the grant from the United States to the State of Illinois, that the lands granted were to be applied to the use of schools, does not make the general government the donor for thai purpose, or give that government any right whatever to control the lands thus vested in the State. The State purchased the lands for a valuable consideration, for a certain purpose, and it now rests with the State to determine in what man- ner the lands can be best applied to the objects and purposes for which they were bought. Good faith will always require the State to apply the said lands to the purposes of education. Bradley v. Case, 4-585. 4. By an act of Congress, approved March 30, 1833, the State of Illinois was authorized to survey and mark through the public lands of the United States, the route of the canal connecting the Illinois river with the southern bend of Lake Michigan, and ninety feet on either side of said canal was for- ever reserved from any sale to be made by the United States, and vested in the State of Illinois for a canal. But the application of this act does not re- late to the sixteenth sections. These sections were not public lands at the time of the passage of this act, but had been granted to the State of Illinois for the use of schools pursuant to the congressional ordinance of April 18, 1818, and the ordinance adopted by the constitutional convention August 26, 1818, accepting the propositions of Congress. Canal trustees v. Haven, 10-548. 5. It is provided, by the ordinance of the 18th of April, 1818, that section sixteen in every township shall be granted to the State, for the use of the inhabitants of such township, for the use of schools. But where a franchise to keep a ferry on the sixteenth section has been granted to the trustees of schools, it is competent for the Legislature to revoke it. A franchise is not an incident to the ownership of land. Franchises are creatures of the sov- ereign power, which it may grant or refuse at pleasure. A grant of this char- acter to a public corporation may, at any time, be resumed by the State. Trustees of Schools v. Tatman, 13-37. 6. Such donations are made to the State for a specific use. The title to such funds is vested in the State as completely as if the use was not declared in the law making the grants and the administration of such funds is left to the State. The State has complete control over them, to administer them as it pleases, in promotion of the objects of the grant. No sovereign state would accept a grant on any other terms. Neither Congress nor any court has ever undertaken to interfere with a state government in the administration of the school funds, arising from congressional grants. The public faith of the State has ever been, and will ever be, a sure guarantee that these funds will be administered in good faith, and in the most beneficial manner. Oreenleaf V. Township Trustees, 23-236. 7. This provision includes the lands and money embraced in the common school fund, also the college, seminary and university lands and funds in the hands of or under the control of the State. This constitutional provision amply provides for the preservation of said fund, and clearly prohibits the perversion of it for other purposes. Under it, the Legislature has no consti- tutional power to appropriate any portion of this fund to defray the expenses of the State, counties or other municipal bodies, than those created for school purposes; neither can the same end be accomplished by the indirect means of taxation; because, so much as would be taken from the fund by taxation, would be an unconstitutional perversion of the fund to that extent. It fol- lows then, that this property being- a part of the public school fund, it can- not be subject to taxation. City of Chicago v. The People, 80-384. 8. In districts having a population exceeding 100,000 inhabitants, the law vests the title to section 16 in the city, to be held in trust for school purposes. It is not held by the city for general municipal purposes. It is held for edu- cational purposes and it cannot be used for opening or repairing streets. To appropriate this property for the use of the public, w^ould be a perversion of the fund, and would, in violation of the statute, impair the principal of the fund. In a proceeding to lay out and open a street over such property, it is proper and right to assess damages for the property so taken. Fagan v. City of Chicago, 84-236. 9. Where a school township is divided, leaving the sixteenth section wholly in one division, such division grants the sixteenth section to that portion of the township, together with the rents, issues and profits derived therefrom, to be administered by the trustees of schools of that township for their ovpn uses and purposes. This fund could not be administered in any other efficient and profitable manner; there would be a clashing of jurisdiction and inter- ests, resulting injuriously to the schools. There is a natural equity, when a township is divided, that the old township should retain all its property, real and personal, unless a different disposition has been made by the terms of the division; and the law is to this effect. People v. Trustees of Schools, 86-613. 10. The provisions of section 2, article 8 of the Constitution, designed to se- cure the faithful application of school lands, moneys or other propei'ty granted or donated to school, college, seminary or university purposes, does not- exempt private donations to educational institution from assessment of benefits, for local improvements. That provision was, no doubt, intended to secure the public school fund of the State, from whatever sources derived, and not mere private donations to educational institutions, or to private corporations created for educational purposes. University of Chicago v. The People, 118-565. 11. Sections 16 in the several townships were granted by the general govern- ment to the State of Illinois, for the benefit of the inhabitants of such tov/n- ships, for the use of schools. The enabling act of Congress, approved April 18, 1818, granting to the State of Illinois section 16 of the public lands, and the ordinance of the Constitutional convention of Aug. 26, ]818, accepting the propositions of Congress, constituted a solemn compact whereby the State of Illinois became the purchaser of the school sections, for a valuable considera- tion, with full power to sell or lease the same for the use of schools, as the State might provide and think most beneficial to the inhabitants of the respective townships. Trustees of Schools v. Schroll, 120-509. 12. Sections 16 in the several townships, having been granted and accepted, were not public lands within the act of Congress, approved March 30, 1822, authorizing the State of Illinois to survey and mark through the public lands- of the United States, the route of the canal connecting the Illinois river with the southern bend of Lake Michigan, and for like reason, they were not swamp and overflowed lands, made unfit thereby for cultivation. After the grant in 1818, they ceased to be public lands of the United States, nor could they, after that time, be regarded as unsold lands, and were unaffected by the swamp land act of Congress of Sept. 28, 1850. Ibid. 13. The guaranty of the Constitution is that all lands, moneys, or other property, donated, granted or received for school, college, seminary or uni- versity purposes, and the proceeds thereof, shall be faithfully applied to the objects for which such gifts or grants were made. The grant of the sixteenth section to the State is for the use of the inhabitants of the townships for the use of schools. It would be difficult to point out anything in either of these provisions preventing the control of schools in one tovv^nshig being taken irom a board in that township and vested in a board in another township. Cravener v. Board of Education, 133-145. PERMANENT SCHOOL FUNDS. 14. Statement of the permanent school funds, the income alone of which, may be expended for school purposes. School Fund proper, being three per centum of the net proceeds of sales of public lands in this State, one-sixth part excepted Surplus Revenue, being a portion of the money received by the State pursuant to an act of Congress providing for the distribution of the surplus revenue of the United States, and made a part of the common school fund by an act approved March 4. 1837 Uni\-ersity Fund, being amount charged to the State by an act of the General Assemblj% approved June 11, 1897, including $18, i40. 00 derived from sale of lands College Fund, being one-sixth part of three per centum of the net proceeds of sales of public lands in this State Seminary Fund, being the proceeds of the sales of the seminarj' lands donated by the general government for the establishment and maintenance of a State seminary ■County Fund, created by the operation of an act approved February 7, 1833, which provided that teachers should not receive from the public fund more than half the amount due them for services rendered the preceding j'ear, and that the surplus should constitute the principal of a new fund to be called 'The County School Fund' Township Fund, includes sixteenth section lands unsold and other lands, and the proceeds derived from the sale of sixteenth section and other lands Total $613,362 96 335,592 32 618,220 53 156,613 32 59,838 72 161,703 31 15,711,591 71 $17,656,922 87 § 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 sectarian 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 purxDose, 1. A constitutional mandate can not be circumvented by indirect methods. Under our form of government, church and State are not and never can be "united. The former must pursue its mission without the aid of the latter. County of Cook v. Industrial School for Oirls, 125-540. 2. By section 1, article 8 of the Constitution, it is made the duty of the State to provide a thorough and efficient system of free schools. If statutes are passed under which the management of these schools shall get into the "hands of sectarian institutions, then under the theory that they relieve the State of a burden, which it would otherwise be itself required to bear, the prohibition of the Constitution will be powerless to prevent the money of the tax-payers from being used to support such institutions inasmuch as they w^ill render a service to the State by performing for it its duty of educating the children of the people. Ibid. 3. It is an untenable position, that public funds may be paid out to help support sectarian schools, provided only such schools shall render a quid pro quo for the payments made to them. The Constitution declares against the use of public funds to aid sectarian schools independently of the question vyhether there is or is not a consideration furnished in return for the funds so used. Ibid. 4. The free schools are institutions provided where all children of the State may receive a good common school education. The schools have not been ■established to aid any sectarian denomination, or assist in disseminating any 6 sectarian doctrine, and no board of education or school directors have any authority to use the public funds for such a purpose. Millard v. Board of Education, 121-397. 5. The paying of rent to a church organization for the use of a room for school purposes is not such an appropriation, or aid to the church, as comes veithin the prohibition of our Constitution. Religious organizations are not under such legal bans that they may not deal at arra.'s length with the public in selling or leasing their property, when required for public use, in good faith, receiving therefor but a fair and reasonable compensation. The public in such case receives the full benefit of its contract, and the funds paid are not a gift, appropriation or aid to the church, nor paid for any sectarian purpose. Millard v. Board of Education, 19A-48; Millard v. Board of Educa- tion, 121-297. § 4. No teacher, State, county, township, or district school officer shall be interested in the sale, proceeds or profits of any book, ap- paratus 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. 1. Section 5, articles of the Constitution provides that 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 la-sv. This provision vests the power offixing the compensation of county superintendents of schools in the Legislature. Such superinten- dents do not belong to that class of couotj'- officers whose compensation is to be fixed by the county board, as provided in section 10, article 10 of the Con- stitution. Jimison v. Adams County, 130-558. 2. County superintendents elected hereafter shall receive in full for all services rendered by them, in counties of the first class, $1,250.00 per annum; in counties of the second class, $1,650.00 per annum; in counties of the third class $7,500.00 per annum, payable quarterly from the State school fund: Provided, however, that the board of supervisors or board of county commis- sioners may allow additional compensation for such services, payable quarterly from the county treasury. Sec. 21 Fees and Salaries Act. Article IV. Section 2^. The General Assembly shall not pass local or special laws in any of the following enumerated cases, that is to say: * * * Providing for the management of common schools. * * * Grant- ing to any corporation, association or individual any special or exclusive privilege, immunity or franchise whatever. ***** In all other cases where a general law can be made applicable, no special law shall be enacted. 1. Section 22, article 4, of the Constitution, prohibits the General Assembly from passing any local or special law providing for the management of com- mon schools. It must be noticed that the language of this clause is much less comprehensive than that of section 1, article 8. There a system of free schools, not merely the management of free schools, is required to be pro- vided; and had it been intended no local or special law should be enacted for that purpose, it is most natural and probable that it would have been so said. It must be assumed that the word management was not unadvisedly or acci- dentally used, and that it relates to the conduct of the school in imparting- instruction. Speight v. The People, 87-595. 3. There is no limitation in the Constitution as to the agencies the State shall adopt in providing- a system of free schools, and the General Assembly has full power to select or prescribe the agencies by which school taxes shall be levied, collected, held and disbursed, and all laws, whether in city char- ters or elsewhere, designed to affect free schools, may be regarded as school laws intended to provide a system of free schools. Section 22, article 4, of the Constitution, as to the power of passing special laws, relates merely to the management of common schools, that is, to the conduct of common schools in imparting instruction, and does not relate to the matter of provid- ing the necessary funds for their support. Fuller v. Heath, 89-296. 3. The provisions of the general school law which affect the method of constituting the board of education and change the limit of taxation for school purposes prescribed in special charters, are not in violation of section 22, article 4, of the Constitution, prohibiting the passage of special laws changing the charter of any city or village. Cleveland. Cincinnati, Chicago & St. Louis Railway Company v. Randle, 183-364. 4. The act approved May 29, 1879, does not violate that clause of section 22, article 4, of the Constitution, which prohibits the General Assembly from passing any local or special law incorporating cities, towns or villages, or changing or amending the charter of any city, town or village. This act applies to all cities in the State having such school laws, and prescribes for them the same methods of constituting the board of education, and of the same limit of taxation as is prescribed for other cities which leYj school taxes under the general law. This act tends to uniformity rather than to perpetuate differences. An act which should repeal all such special laws would not be a local or special law and obnoxious to this provision of the Constitution, and so, one repealing all special limitations, leaving all other provisions of such special acts in force, is, upon the same principle, not pro- hibited. Statutes have been passed changing limitations upon the rate of taxation for other purposes as fixed in special charters of cities so incorpo- rated, so as to produce greater uniformity, but their constitutionality has not been seriously questioned. Cleveland, Cincinnati, Chicago & St. Louis Railway Company v. Randle, 183-364. Aeticle V. Section 25. All civil officers, except members of the General As- sembly and such inferior officers as may be by law exempted, shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation: I do solemnly swear (or afiirm. as the case may be) that I will support the Constitution of the United States, and the Constitution of the State of Illi- nois, and that I will faithfully discharge the duties of the office of according to the best of my ability. And no other oath, declaration or test shall be required as a quali- fication. 1. The constitution requires that all civil officers, with exceptions that do not include trustees of schools, shall take and subscribe an oath before en- tering upon the duties of their respective offices. Such official oath is an essential and necessary qualification for holding the office, and without it. the title to the office fails. Simons v. The People, 18A-588. Aeticle IX. Section 3. The property of the State, counties, and other munici- pal corporations, both real and personal, and such other property as may be used exclusively for * * * * * school ***** purposes, may be exempted from taxation; but such exemption shall be only by general law. 1. Section 2 of the revenue law provides that all lands donated by the United States for school purposes, not sold or leased; all public school houses; all property of institutions of learning, including- the real estate on which the institutions are located, not leased by such institutions or otherwise used with a view to profit; and all property of every kind belonging- to the State of Illinois, shall be exempt from taxation. 2. In order to exempt a building erected for a school house from taxation, it must be under the immediate control of the school directors. It should be held in such a manner that it can be used at all times for the benefit of the public schools, independent of the will or action of other persons. It should be held in fee, or by such other estate as would give the board of directors the right to possess or control it at all times for the use of the district. The fact that it may have been once used for the purposes of a public school, does not of itself give it the character of a public school house after it ceases to be so used. Pace v. County Covfimissioners, 20-644. 3. Land held by the trustees of the University of Illinois, although con- veyed to the corporate body, belongs to and is under the entire control of the State, when disposed to exercise the power; and, being property of the State, the Constitution authorizes its exemption from taxation, and the Legislature has exempted it. Trustees v. Champaign County, 76-184. 4. A fund was donated to the State, in the first place, for the establishment and maintenance of an institution of learning, which this land represents. The State has no intention to part with either the ownership of the property or control of the institution. The Legislature has created a body corporate, as the most convenient mode of controlling the institution, its property and affairs, but the State retains the power of selecting its trustees, and, has powers, through other than trustees, to sell and dispose of the property of the institution, or even repeal its charter, as public policy or the interest of the university may require. Ibid. 5. This section will hardly bear the construction, that the public school property alone is embraced in its provisions, but it was intended to embrace private schools, or schools under private charters, as well as the public school fund; but be that as it may, it does embrace property of the State, and the public school property and funds do, in fact, though not in form, belong to the State. City of Chicago v. TJie People, 80-384. 6. Lands held by an institution of learning created by a special charter granted by the Legislature, not leased nor otherwise used with a view to profit, but used strictly in carrying on a seminary of learning, and used ex- clusively for that purpose, are exempt from taxation under the statute of ex- emption relating to property of institutions of learning. Monticello Female Seminary v. The People, 106-398. 7. Real estate belonging to institutions of learning that shall be exempt from taxation is limited by the express terms of the statute to that upon whidh the institutions are located, and it is not within the province of the courts, by construction, to declare that other property shall be exempt. The General Assembly could rightfully exempt only such property as may be used exclusively for the purposes of the institutions of learning. It is not to be understood that the act of the General Assembly on this subject is broader in its scope than the Constitution itself. Theological Seminary v. The People, 101-578. 8. It has been uniformly held, that where the law, in exempting property from taxation, specifies both the ownership and use to which it is put, as descriptive of the property, unless the ownership and use of the property 9 unite in the manner specified in the law, then the property is not exempt. Where a school house is used for school purposes, but is owned by an indi- T-idual, and not by the public, it is liable to taxation. In re Swigeti), 123-267. 9. All laws exempting property from taxation will be subject to a strict construction by the courts, when called upon to enforce them, and nothing- will be held to come within the exemption which does not clearly appear to be so, and all reasonable intendments will be indulg-ed in favor of the State. Where moneys belonging to the school fund, derived from the sale of the six- teenth section, are loaned on mortgaged security, and the title to real estate is thus acquired on foreclosure of such mortgage, and held, in the name of the city, for school purposes, such lands are not subject to taxation. The real estate thus acquired in fact belongs to the State, in trust for school pui*- poses, and is expressly exempted from taxation by section 2 of the revenue law. People v. City of Chicago, 124-636. 10. By the canons of construction all laws exempting property from taxation are to be strictly construed, and all reasonable intendments indulged in favor of the State, and all doubts resolved in its favor and against exemptions. The expression institution of learning is broad enough to include every description of enterprise undertaken for educational purposes which is of higher grade than the public schools provided for in the statutes, and is not necessarily limited to either public or incorporated enterprises, or to both. 2Iontgomery V. Wynum, 130-17. 11. That which is exempt from taxation is the property of the institution of learning, which plainly means the property owned by the institution. The property of and the property owned by an individual or corporation, as com- monly used and understood, means precisely the same thing. No matter where the legal title to the property may be vested, it is sufficient for the operation of the statute if the institution is the ultimate or beneficiary owner. If the title is in the controlling corporation, or if it is vested in a trustee or trustees, for the objects to be accomplished through the instrumentality of the institu- tion, in either event the property is, within the contemplation of the statute, the property of the institution of learning. Tbid. 12. It is required by the statute, in order that the property should be exempt from taxation, that it should not be leased by such institutions, or otherwise used with a view to profit. The Constitution provides that property used ex- clusively for school purposes may be exempted, by general law, from taxation. The General Assembly, therefore, could rightfully exempt only such property as is used exclusively for the attainment of the objects of the institution of learning, and it cannot be understood that the statute is broader in its scope than the Constitution itself. Ibid. 13. The fact that by section 2 of the revenue law it is provided that all public school houses shall be exempt from taxation, implies that private school houses in which are taught, with a view to private profit, the rudimentary branches of education, such as are ordinarily taught in the public schools, are subject to taxation. It is not perceived, from the act, that it was the legisla- tive intention, vs^hile thus leaving schools of this inferior grade, which are maintained for private and personal gain, subject to taxation, to relieve there- from schools of the grade of institutions of learning, which are likewise maintained for personal and private gain and profit, whether maintained by an individual or by a corporation. No reasonable or just groiind for such a discrimination is apparent, nor is it manifest such discrimination is in fact made by the statute. Ibid. 14. It is the legislative policy to encourage and foster institutions of learn- ing, thereby afiiording opportunities for higher education; and this is done by not limiting the exemption from taxation to such institutions as are public and sustained by the State, but extending it to all institutions of learning, however managed and controlled, whether by a corporation or by an indi- vidual, but subject, however, to the restrictions that the property so to be exempted shall be owned by the institution, and shall not be leased or other- wise used with a view to profit. Ibid. 15. In order that such property shall be exempt fi*om taxation it must be dedicated to a use favored by law, and it may be dedicated by being ow^ned 10 by an institution of learning which has a corporate existence which author- izes it to hold the title to property, or by having- the title thereto vested in a trustee or trustees, solely for the uses and purposes of the institution of learning-; and in either event it must not be used with a view to profit. It is not contemplated by the Constitution, or intended by the statute, that prop- erty owned by an individual in his or her own right, and used for his or her own gain and profit, or owned by a corporation formed with a view to profits and dividends to be paid to the stockholders, should be free from the burdens of taxation. Such an exemption would be violative of the principle of uni- formity and equality of taxation prescribed by the Constitution. Ibid. 16. All laws exempting property from taxation must be construed strictly, and an exemption cannot be made by judicial construction to em- brace other subjects than those plainly expressed in the act. The expression "all public school houses" as that term is used in section 2 of our revenue act, refers to those school houses, which belong to our system of free schools, and are used for carrying out the purposes of that system. People v. Ryan, 138- 363. 17. The Constitution contemplates uniformity and equality of taxation ac- cording to value, but the Legislature is authorized to exempt from taxation, by general law, certain classes of property. Where such an exemption is claimed, the facts must clearly bring the property within the provisions of the law exempting it, and all doubts will be resolved against the exemption. In pursuance of the authority given by the Constitution, the Legislature has exempted from taxation all public school houses, and all property of institu- tions of learning, including the real estate on which the institutions are lo- cated, not leased by such institutions or otherwise used with a view to profit. MeCullough v. Board of Review, 183-373. 18. The expression "institution of learning" is broad enough to include every description of enterprise undertaken for educational purposes which is of higher grade than the public schools provided for in the statutes. Public and private schools are defined to be schools of inferior grade, where instruc- tion is given in the rudimentary branches of education, such as are ordinarily taught in the public schools, and institutions of learning to be such as afford opportunities for higher education. Ibid. 19. The idea of ownership of property can only be connected with that which we call an institution of learning by means of the interposition of either a society or corporation or a trust. In order such property shall be exempt from taxation it must be dedicated to a use favored by law, and it may be dedicated by being owned by an institution of learning which has a corporate existence which authorizes it to hold the title to property, or by having the title thereto vested in a trustee or trustees, solely for the uses and purposes of the institution of learning. Ibid. 20. Property described as used for a play ground by a school cannot be held exempt from taxation as the property of an institution of learning, in the absence of any showing that a higher education is given in such school than in public schools. A petition to a board of review asking them to hold exempt from taxation property described as a play ground used for the school in the rear of the premises, does not bring the property within section 2 of the revenue law; neither does a petition to a board of review vrhich alleges that the petitioner, a Catholic bishop, holds the title to premises used as a play ground for a school, without alleging that it is held in trust, show that the property is the property of the school. Ibid. 21. The right of taxation is essential to the very existence of the govern- ment, and all property, of every description, in the State, is subject to taxa- tion unless it has been specifically exempted. All laws exempting property must be subjected by the courts to a strict construction, and hence nothing will be held to be within the exemption which does not clearly appear so to be. Citiy of Chicacjo v. City of Chicago, 207-37. 22. Exemption from taxation does not exempt from special assessments. The distinction between taxation and special assessment, is clearly made in our present Constitution. While it provides that the Legislature may exempt the property of the State, counties and other corporations from the former. 11 it makes no such provision in regard to the latter, but on the contrary, au- thorizes the General Assembly to vest the corporate power of cities, towns, and villages with power to make local improvements by special assessments, without any restrictions as to the property to be assessed. Count\i uf McLean V. City of Bloomington, 106-309. 23. It has been been held that section 16 could not be subjected to taxation by the General Assembly. This was not put upon the ground of any direct exemption, but upon the use for which the property was granted, and the Constitutional provision that the land granted for school purposes should be faithfully applied to the objects for which the grant was made; that this pro- hibited the Leg'islature from directly appropriating this property to State or municipal purposes, and it could not do so by the indirect means of taxation; that so much as would be taken from the fund by taxation, would be an un- constitutional perversion of the fund to that extent. The State is the real owner of the fund, to be held in trust for the purposes of the grant. People T. Trustees of Schools, 118-52. 24. This same reason, which would exempt the property from taxation- must be held to exempt it from special assessment. The fund would be liable to be misappropriated in the latter mode, as well as in the former. It does not meet the objection to a special assessment to say, that it takes nothing from the property, and the assessment is only to the extent of the benefit conferred upon it hy the improvement. This may be so in theory, but not in certainty. The property should be held sacred for the use to which it has been appropriated. It may be sold, or it may be rented for school purposes, but no authority of law is conferred upon any one to improve it. It should not be exposed to the danger of being improved away, by being made to pay for supposed benefits conferred upon it by improvements. Ibid. 35. It is said the purpose is not to have sale made of the land to pay the assessment, but to obtain judgment, which may be paid out of any moneys unappropriated, of the township, or there may be the remedy by mandamus, requiring the board of trustees to levy a tax for the payment of the judgment. But any payment so to be obtained would come from school moneys, and there would be equally involved a perversion of the school fund as if the property itself should be sold to satisfy the judgment. Ibid. 26. The distinction between taxation and special assessment is clearly made in our present Constitution. While providing that the General Assembly may exempt the property of the State, county, and raunicipality from the former, no such provision is made in regard to the latter, but, on the contrary, the General Assembly is authorized to vest the corporate authorities of cities, towns and villages with power to make local improvements by special assessments, without any restrictions as to the property to be assessed. Citif of Chicago v. City of Chicago, 207-37. 27. A special assessment may be levied for the purpose of paving streets, putting down sidewalks, putting in curbing, or for sewer purposes, all of which are, in theory, for the benefit of the property abutting on the line of the improvement. Undeniably all of these improvements are of great benefit, if not of actual necessity, to a public school, and from the most of them no property derives more benefit than does that of the board of education. They are as necessary to the practical use of the property as the furnishing of heat, light and air. Special assessments for such improvements is but a method of applying the funds of the school district for the benefit of its schools, and is legal and proper. Ibid. 28. School property, not being a part of section 16, nor derived therefrom, is subject to special assessment, whether occupied for school purposes, vacant, or occupied buildings from which the school receives rent. The fact that properly held in trust by a city for school purposes can not be sold for the purpose of collecting a special assessment against it does not defeat the assessment, since the law provides other methods by which the payment may be enforced. Ibid. § 12. No county, city, township, school district or other municipal corporation shall be allowed to become indebted in any manner or 12 for any purpose, to an amount, including existing indebtedness, in the aggregate exceeding 5 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 indebtedness. 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 j)ay and discharge the principal thereof within twenty years from the time of contracting the same. This section shall not be construed to i3revent any county, city, township, school district or other municipal corpora- tion from issuing their bonds in compliance with any vote of the people which may have been had prior to the adoption of this Consti- tution in pursuance of any law providing therefor. 1. It would be difficult to employ languao-e making it plainer that the pro- Tiibition is on each corporation singly, and not on two or more in the aggre- gate. Wilson V. Board of Trustees, 133-443. 2. The provision of section 12, article 9 of the Constitution, which requires municipal officers incurring any indebtedness to provide for a direct annual tax sufficient to pay the interest and principal in twenty years is self-execut- ing, and the tax so provided for, does not fall within the items of expenses for educational or building purposes mentioned in section 1, article 8, of the school law, even though levied to pay interest and principal on school house bonds. Baltimore & Ohio Southivestern Railroad Company v. The People, 195-423. 3. While this section of the Constitution is self-executing, it is equally ap- parent that the Legislature intended, by the language of section 202, article 8, to limit the levy of taxes by school oificers to the rates fixed by that sec- tion of the statute, and that enactment is not in conflict with this Constitu- tional provision. A board of directors or board of education, may levy but two kinds of taxes — one for educational purposes and one for building pur- poses. If a bonded indebtedness has been incurred for educational purposes, the tax to meet it must be levied as an educational tax, and if such indebted- ness has been incurred for building purposes, the tax levied to meet it must be levied for building purposes, and the tax levied for either purpose, whether or not it includes any sum to be applied upon bonded indebtedness, can not exceed the rate fixed by the statute for such purpose. Chicago & Alton Rail- road Company v. The People, 205-625. 4. Any school district having at least 2,000 inhabitants may establish and maintain a high school for the benefit of such school district. In so doing it exercises a power which it already had, the only difi'erence being that the high school is in charge of a different board of edvication. There is no war- i-ant for saying that when a district establishes a high school it becomes two districts, the one within and co-extensive with the other or the one superim- posed upon the other. It is within the power of the Legislature to provide for the establishment of a high school under the control of a board of educa- tion elected for that purpose, but it can not, by multiplying the boards of education in the same territory, authorize the district to incur indebtedness beyond the Constitutional limit. Russell v. High School Board of Education, 212-327. 5. The establishment of a high school by a school district under the control of a different board of education is a mere division of existing powers of the district between two boards of education. What the new board of education can do, the district was already authorized to do through the existing board of education. If the Legislature, by authorizing a school district to estab- lish a high school, can also authorize it to incxir indebtedness beyond the Constitutional limit, it could get rid of all the restrictions of the Constitution Tby authorizing the management of each grade or department of the public schools bj'^ a different board of education, with different buildings. Such a construction of our Constitution has never been adopted. Ibid. IB AN ACT TO ESTABLISH AND MAINTAIN A SYSTEM OF FREE SCHOOLS. Article I. SUPERINTENDENT OF PUBLIC INSTRUCTION. 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. 1. A statute making the Superintendent of Public Instruction ex officio a trustee of a normal school, merely enlarges the duties of his office, and does not violate section 5, article 5 of the Constitution, making him ineligible to any other office. People v. Inglis, 161-256. 2. The proviso that no two members of the board of trustees of a normal school shall be residents of any one county, does not have any application to the Superintendent of Public Instruction, who is ex officio a member of said board. Ibid. § 2. Before entering upon his duties he shall take and subscribe the oath of ofiice prescribed by the Constitution, and shall also exe- cute a bond, in the penalty of $25,000, payable to the people of the State of Illinois, with securities to be approved by the Governor, con- ditioned for the prompt discharge of his duties as Superintendent of Public Instruction, and for the faithful application and disposition, according to law, of all school moneys that may come into his hands by virtue of his office. 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 re- quired 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. 14 § 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 Governor, or to any committee of either house of the General As- sembly. 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 en- titled to receive the same, in such manner as may be prescribed by law. Sixth — To counsel and advice, 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 iState. 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 day 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 l)een taught by males and females at the same time, and what part by males and females at different periods ; the number of scholars in at- tendance at said schools ; the number of persons in each county under 21 years of age, and the number of such persons between the ages of 12 and 21 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 purchased for the use of schools and school libraries under the provisions of this act, the price paid for the same, the total amount purchased, and what quantity and how distributed, ihe number and condition of the libraries, together with such other 15 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 regular session. Eleventh— To make such rules and regulations as may be neces- sary and expedient to carry into efficient and uniform effect the pro- visions of this act, and of all the laws which now are or may herein- after be in force for establishing and maintaining free schools in this State. Twelfth — To be the legal adviser of 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. 1. The school law now in force makes the Superintendent of Public Instruction, the legal adviser of all school officers, and also makes it his duty, when requested by any such officer, to give his opinion in w^riting upon any question arising under the school laws of the State. Powell v. Board of Edu- cation, 97-375, 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 2 of this act. Fifteenth — To grant State certificates to such teachers as may be found worthy to receive them, as provided for in section 2 of article 7 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 exxoenditures of the Normal 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 16 official bonds and accounted for all common school or township or other school funds which have heretofore come into his hands, as required 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 Assembly 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 report, required to be made by such trustees, on or before the 15th day of July, preceding each regular session of the General Assembly of this State, as provided for in section 28 of article 3 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 authority of special charters to the same extent as regular school officers are or may be required to make such reports. Eighth — To require 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. 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 2 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, appa- ratus or furniture used, or to be used, in any school in this State, and for offending against the provisions of this section 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 im- prisoned in the county jail not less than one month nor more than 12 months, at the discretion of the court. n Aeticle II. COUNTY SUPEEINTENDENTS. Section 1. On Tuesday next after the first Monday in November, A. D. 1890, and quadrenially thereafter, there shall be elected by the qualified voters of every county in this State a county superintendent of schools, who shall perform the duties required by law, and shall enter upon the discharge of his duties on the first Monday of Decem- ber after his election. 1. The school commissioner is a ministerial officer or agent, appointed by law to do certain things. Kidder v. Trustees, 10-191. § 2. He shall, before entering upon his duties, take the oath pre- scribed by the Constitution, and execute a bond payable to the People 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 thous- and dollars (112,000.00), 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 dur- ing his term of office. § 3. The bond required in the foregoing section shall be in the fol- lowing form, viz : State of Illinois, ) County. P^- 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 pay- ment 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, 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 oiEce all moneys, books and papers and property in his hands, as such county superin- tendent, 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 tiled 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 satisfied at any 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 — 2 S L 18 and approved as the first bond: Provided, that the execution of such new bond shall not afPect 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. ******* § 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 till 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 ujjon 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 county judge of the county in which the vacancy 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, 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.) 1. When a county superintendent of schools tenders his resig-nation in writing, and this resig-nation is received and filed, the resignation is complete, and is not subject to revocation. Pace v. People, 50-432. § 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. 19 § 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 lands, 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 distri- buted, paid or loaned out by them for the support of schools. For all other duties required by law to be performed by them, four dol- lars ($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 dollar ($1) a day, for expenses for the number of days actually spent in school visitation. 1. A county superintendent is not entitled to a commission on the proceeds derived from a sale of lands, where the title to such lands is vested in the trustees of schools. The commission authorized by this section relates to the original sale of the sixteenth section, or the sale of lands, the title to which, is vested in the county superintendent and held by him as part of the prin- cipal of the county or township fund. Bateman's Decisions, 73. 2. The per diem allowance to county superintendents of schools may be regarded as compensation and not as fees in the sense that that w^ord is used in section 11, article 10 of the Constitution. That section has no application and does not operate to repeal the law^ under which the compensation is fixed. Jefferson County v. Johnson, 64-149. 3. The statute of 1867, fixing the compensation of county superintendents, was not repealed by section 11, article 10, of the Constitution. The v^ diem allowance to county superintendents may be regarded as compensation and not fees, as the term is used in that instrument. Knox County v. Christianer, 68-453. 4. Under the revision of 1872, a county superintendent of schools had no lawful authority to hold a teachers' institute, and thereby charge the county for such services, unless the holding of such teachers' institute had been provided for by the county board. The county board had complete control of this subject, and the county superintendent could not act for the county in this regard, without the sanction of the county board. Murray v. Clay County, 81-597. 5. Section 10, article 10 of the Constitution, in speaking of all county offi- cers manifestly does not include the county superintendent of schools, an office that might or might not be created, but, if created, its compensation was to be prescribed by law. To ascertain what is the compensation of the county superintendent, we must look to the statutes enacted since the adop- tion of the Constitution. Jimison v. County of Adams, 38A-52; Jimison v. Adams County, 130-558. 6. Section 5, article 8 of the Constitution provides, that there may be a county superintendent of schools in each county, v?hose qualifications, powers, duties, compensation and time and manner of election, and term of office, shall be prescribed by law. This provision vests the power of fixing the com- pensation of county superintendents of schools in the Legislature. Such super- intendents do not belong to that class of county officers whose corapensation is to be fixed by the county board, as provided in section 10, article 10 of the Constitution. Jimison v. Adams County, 130-558. 7. County superintendents elected hereafter shall receive in full for services rendered by them, in counties of the first class, $1,250 per annum; in counties of the second class, 5?1,65U per annum; in counties of the third class, $7,500 per annum; payable quarterly from the State school fund: Provided, however, that the board of supervisors or board of county commissioners may allow additional compensation for such services, payable quarterly from, the county treasury. The Auditor in making his warrant to any county for the amount 20 due it from the State school fund, shall deduct from it, the several amounts for Avhich warrants have been issued to the county superintendent of said county, since the preceding- apportionment of the State school fund. /Section 27, Act Concerning Fees and Salaries. § 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 meeting of such county board in September, and as near quarterly thereafter 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 the Auditor of Public Accounts, who shall, upon receipt of them, remit 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 preceding 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, re- port to the county board and State Auditor, and perform all other duties pertaining thereto, as required by article 13 of this act. 1. Courts of equity will scrupulously examine the conduct of persons acting" in fiduciary or trust capacities, and protect the trust property from waste, whether it arise from the actual or constructive fraud of the trustee, acting* with the party obtaining- the undue advantag-e, or from the fraud of the latter alone. Moore v. School Trustees, 19-83. 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 office, and more, if practicable, in visiting ungraded schools. Fourth — To note, when visiting schools, the methods of instruction, the branches taught, the text-books used, and the discipline, govern- ment and general condition of the schools. Fifth — To give 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 article 7 of this act, a teachers' institute, and to aid and encourage the formation of other teachers' meetings, and to assist in their management. 21 Eighth — To labor in every practicable way to elevate the standard 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, immediately, such action as the case demands. Tenth — To examine all notes, bonds, mortgages, and other evidences of indebtedness which the township treasurer holds officially, and if lie finds that the papers are not in proper form, or that the secur- ities are insufficient, he shall so state in writing to the board of trustees. Eleventh — To give notice of the election of trustees in cases such as those provided for in section 15, article 8 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 pertain- ing 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. 1. On appeal to the county superintendent from the action of the boards of trustees of certain townships rejecting- petitions for the formation of a new school district, it is his duty to investig-ate and determine whether the pro- posed change will be for the best interests of the districts affected, and his decision is final, in the absence of fraud or a flagrant abuse of his discretion. School Trustees v. School Directors, 190-390; People v. Keechler, 194-235. Fourteenth — To give notice of the election of school directors in cases such as are provided for in section 9 of article 5 of this act. Fifteenth — To hold meetings, at least quarterly, for the examin- ation of teachers, as provided for in section 7 of article 7 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 7 of this act; and to keep a record of all teachers to whom such certificates have been granted, as provided by section 4 of article 7 of this act; and to keep a record of all teachers employed in teaching in his 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 section 9 of article 7 of this act. Eighteenth — To present to the county board of the county, at the first regular meeting thereof, annually, the report required by section 3 of article 11 of this act. Nineteenth — To notify presidents of boards of trustees and clerks of school districts, on or before Sept. 30, annually, of the amount of money paid by him to the townshij) treasurer, and the date of such payments . 22 Twentieth — To receive and file, on or before the 15th day of July preceding each regular session of the General Assembly, and such other times as may be required by the State or county superintendent, 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 — First — 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 8 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 report provided for by law. Third — To renew teachers' certificates at their expiration by his indorsement thereon. Fourth — To revoke the certificate of any teacher for immorality, incompetency or other cause. 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 12 of this act. Seventh — To remove any school director from office for a willful failure to perform the duties of his office. Eighth— ^o lease and sell real estate in cases provided for in sec- tion 26 of article 13 of this act, in the manner therein specified. S 15. The said county superintendent shall provide three well 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 following 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 certifi- cates 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 otherwise, and loaned or paid out; the persons from whom received, and on what account, and show- ing 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 23 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. § 18. In all cases where the township board of trustees of any town- ship 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 practicable, 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 em- ployed by him, for the services such amount as he may judge reason- able out of any money which is or may come into said superintend- ent's hands, apportioned as the share of or belonging to such town- ship; and the said county superintendent shall proceed to recover 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 replace the money taken as aforesaid. § 19. Whenever the bond of any township treasurer 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 clerk's office, and file the same with the papers of his office, but if said bond is in any respect defect- ive, or if the penalty is insufficient, he shall return it for correction. When the bond shall have been dxily received and filed, the superin- tendent shall, on demand, deliver to said township treasurer a written statement certifying that his bond has been approved and filed, and 24 that said township treasurer is entitled to the care and custody, on demand, of all moneys, bonds, mortgages, notes and securities, and all books, papers and property of every description belonging to said township. § 20. Upon the receipt of the amount due upon the Auditor's war- rant, 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 town- ship or parts of townships schools have been kept in accordance with the provisions of this act, and with 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 town- ship, to the respective township treasurers, or other authorized per- sons 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 4 of this act; nor in case said treasurer is reappointed by the trustees, unless he shall have re- newed his bond and filed the same as aforesaid. § 21. The county superintendent may loan any money, not interest, 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 treas- urers, and apportion the interest as provided in the preceding section; and notes and mortgages taken in the name of the "county superin- tendent" 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 superintendents" on all notes and mortgages heretofore or hereafter made payable to the county superintendents. 1. It is the duty of the county superintendent to secure all loans by first mortgag'e on realty situated in this State, which, at a fair and reasonable cash value is worth at least fifty per centum more than the amount of the loan, and he must resort to all accessible means of information, to satisfy himself that the title to the land is in the mortgagor, or mortgagors, and is unincumbered. The title must be such that a prudent and careful man would not hesitate to invest his own money upon it at a full price. He must act w^ith as much care and circumspection in securing school money as a prudent and careful man w^ould exercise in securing his own, relying alone upon the title. If the county superintendent neglects to do this, then the loan is not authorized Dy law, and he is, in legal contemplation, as much guilty of vio- lating his official duty as if he had appropriated the money to his own private purposes. People v. Raines, 10-528; County of Oreene v. Bledsoe, 12-270; Peo- ple V. Core, 85-348; Board of Trustees v. Baker, 24A-231; Board of Trustees v. Baker, 34A-620. 2. Where a loan is made by a county superintendent in palpable violation of his official duty and a suit is brought on his bond, the measure of damages is not merely the interest due on the principal of such loan, but the full amount of the loan and accrued interest. If the county superintendent violates the law in lending the money and thus incurs liability, he cannot postpone that liability by the terms of such illegal loan. If he is liable at all, it is for the illegal loan, and necessarily the liability accrues as soon as the illegal act is done. Ibid. 25 3. When the principal debtor to the county school fund dies, it is the duty of the county superintendent to present the note, if due, on the day appointed hy the administrator for the adjustment of claims and have it allowed against his estate. If this resource be unavailing, it is the duty of such officer to in- stitute suit, if necessary, against the tw^o responsible sureties to recover the amount of the principal and interest due upon the note. For neglect or re- fusal to perform this duty, the county superintendent becomes liable therefor upon his official bond. McHaney v. Trustees of Sc7wols, 68-140; Housev. Trustees of Schools, 83-368; Curry v. Mack, 90-606. § 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 resignation, 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 superin- tendent. 1. The money in the hands of the county superintendent, at the expiration of his term of office, is the property of the county, to be used for school pur- poses, and it is his duty, in going out of office, to deliver it over specifically, or in funds of equivalent value, to his successor in office. A different doctrine v^^ould operate most povperf ully to diminish that fund, vs^hich the best interests of the community require to be husbanded with the greatest possible care. Hamilton v. Cook County, 5-519. 2. When a county superintendent has been removed from office, he has no right to accept from a debtor to the school fund, the amount of his indebted- ness, and return to him the notes executed by the debtor and the mortgage given to secure the same. Jameson v. Conway, 10-227. Article III. TOWNSHIP TEUSTEES OF SCHOOLS. Section 1. Each congressional township is hereby established a township for school purposes. 1. Each congressional township is established a township for school pur- poses. People V. Dupuyt, 71-651. 2. The references to school townships in the school law^, mean the congres- sional tow^nships, w^hich are thereby declared to be established as townships for school purposes. Trustees of Schools v. The People, 61A-131; Trustees of Schools V. The People, 161-146. 3. When a city annexes part of a school township leaving the 16th section, such remainder constitutes a school township, and is entitled to the rents, issues and profits of said section, to be administered by the trustees of schools for its own uses and purposes. People v. Trustees, 86-613. 4. School townships were created and are continued for school purposes, and not for municipal purposes. They are intended to establish schools, lend and manage the school funds of the township, and pay the teachers of schools taught in their jurisdiction. This is the purpose of their organization. They were not created to exercise any of the functions of government, and are not 26 municipal in their nature or purpose, nor are they provided with the officers or the power to exercise the functions of government. People v. Trustees of Scliools, 78-136. § 2. Whenever any fractional township contains less than two hundred (200) persons under 21 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 townshij), consolidate the territory, school funds and other property of such fractional township with such adja- cent township, and thereafter shall cease to exercise the functions of school trustees for such fractional township; and such territory, school funds and other property, aforesaid, shall thereafter be managed by the board of trustees of such adjacent and consolidated township in accordance with the terms of agreement aforesaid, in the same manner as is, or may be, provided by law, for the management of territory, funds and other property of school townships: 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.) 1. The Legislature may unite or divide townships and their school funds, as it thinks best. Oreenleaf v. Trustees, 22-236. § 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. 1. The business of the township shall be done by three trustees, to be elected by the legal voters of the township, who, upon their election, shall be a body politic and corporate, by the name and style of trustees of schools of the township. People v. Dupuyt, 71-651. § 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. 1. In respect to quasi corporations, as exist only for public purposes, the Legislature has an unquestionable right to exercise a superintending control over their money and other property, securing, however, as a matter of good faith, the effects of the corporation, for the use of those for whom it was do- nated or purchased. Bush v. SMpman, 5-186. 3. Public corporations are but parts of the machinery employed in carrying on the affairs of the State, and they are subject to be changed or modified, as the exigencies of the public may demand. The State may exercise a general superintendence and control over them, and their rights and effects, so that their property is not divested from the uses and objects for which it was given or purchased. That the trustees of schools are corporations of this character, and subject to be regulated and controlled by the Legislature, is fully established. Trustees of Schools v. Tatman, 13-27. 3. The inhabitants of a township are, by the statute, transformed into a corporation, the head of which is the trustees of schools elected by them. The statute further directs, that the business of the township shall be tran- sacted by such trustees, and empowers them to sue in their corporate name. Moore v. School Trustees, 19-83. 27 4. Trustees of schools are public officers, vested with the power to deter- mine to what district money collected for school purposes shall belong. The school directors of one district cannot refuse to receive the money thus or- dered by the board of trustees to be paid to them; by receiving- it, they do not become liable to an action by another district claiming- it. If another district has any action, it must be against the trustees of the township. School Directors v. School Directors, 36-140. 5. Trustees of schools are not named in the Constitution. They are not included in the municipalities which may be vested with power to assess and collect taxes, and they have never been authorized, by any public law, to assess taxes for any purpose. The term townships evidently refers to town- ships formed under the township organization law, and the Legislature could only clothe school districts, and not school trustees, with the power of taxation. Trustees v. The Peopld, 63-299. 6. The trustees of schools are not corporate authorities within the mean- ing of the constitutional provision. When the Constitution said that the cor- porate authorities of school districts might be vested with the right of taxa- tion, it limited the power of the Legislature to the corporate authorities designated. The designation of the particular authorities must exclude all others, or there would be no limitation. Ibid. 7. The Constitution restricted the use of the taxes to corporate purposes. In determining the declared purpose we must regard alone the object to be accomplished by the school district. The only design of a school district must be to give instruction. It could never have been contemplated that it should embark in railroad and other enterprises entirely foreign from the aim of its existence. Ibid. 8. When a delinquent treasvirer goes out of office and retains moneys which he received by virtue of his office, and refuses to pay the same to his suc- cessor in office, a right of action is created thereby in favor of the board of trustees, and against the delinquent and his sureties upon his official bond, whether an apportionment or division of the fund has been struck or not among the various districts of the townships. Tappan v. The People, 67-340; Kagay r. Trustees of Schools, 68-75; Trustees of Schools v. Stokes, 3A-267. 9. Each congressional township is established a tow^nship for school purposes. The business of the township shall be done by three trustees, to be elected by the legal voters of the township, who, upon their election, as hereinafter provided, shall be a body politic and corporate, by the name and style of trustees of schools of the township. The corporation shall have per- petual existence, and shall have power to sue and be sued, to plead and be impleaded, in all courts and places w^here judicial proceedings are had. People V. Dupuyt, 71-651. 10. The duties and powers of the trustees are defined to be, among other things, the authority to appoint a treasurer, who shall be clerk of the board; to lay off the township into one or more school districts, to suit the wishes and conveniences of a majority of the inhabitants of the township; they are invested with the title, care and custody of all school houses and school sites; all money for school purposes in the township goes into the hands of the treasurer; it is the duty of the trustees to apportion all school funds between the several districts in the township. Ibid. 11. From the various provisions of the statute, it is apparent that the trus- tees of schools were created a corporation, or what might more strictly be termed a quasi corporation, for the purpose and with the sole and only power of acting in matters pertaining to the public schools of the township. All other business is foreign to the object for which they were created a body corporate. Ibid. 13. When trustees of schools obtain and hold money belonging to an adja- cent township, they must be held to refund it. It is an elementary principle of law^, that the action of assumpsit for money had and received for the use of another, will lie whenever the defendant has received money which, in equitj^, belongs to the plaintiff. Trustees of Schools v. Trustees of Schools, 81-470. 28 13. A promissory note signed by t-svo persons as school trustees, but which •does not purport to be a note given in behalf of a school district, is the indi- vidual note of such persons and not the note of any school corporation. The words school trustees are simply descriptio personarum. Trustees of Schools v. Rautenberg, 88-219. 14. A person who acts as township treasurer for a number of years, thereby sanctioning the acts and doing of the board of trustees, and afterward con- tracts to sell a lot for a school house site, knowing that the title would go to the trustees, is estopped from denying the legality of the election of such offi- cers. Frick v. Trustees of Schools, 99-167. 15. It is essential to the legal organization of a school district that it shall have a definite territory. An admission of the legal corporate existence of a school district is an admission that its organization was legal, and that the territory embraced in the district as it v^^as originally organized was legally included therein. School District v. The People, 75A-539. 16. The common law writ of certiorari is the appropriate remedy to bring before the circuit court, for review, the proceedings of a board of trustees in uniting school districts. Upon a hearing in a proceeding of this character, evidence other than the record of the inferior tribunal can not be heard or considered. Miller v. Trustees of Schools, 88-26. 17. Whenever great public detriment or inconvenience might result, the writ of certiorari should be denied. It should not be granted after the lapse of three years, to review the actions of the trustees of schools, in changing the boundaries of school districts. Trustees of Schools v. School Directors, 88-100. 18. The trustees of schools represent the public in respect of all matters confided to them by law, and their action, within the scope of their authority, when acting in conformity with the law, must necessarily be binding on the public, and their acts, when done in obedience to the mandate of a court of competent jurisdiction, must have the same binding force and effect as if performed without such mandate, and upon their own motion and judgment. School Directors v. School Directors, 135-464. § 5. The election of trustees of schools shall be on the second Saturday in April, annually. 1. SectioH 19 of this article provides, that in counties under township or- ganization, where the school and civil townships are co-extensive in territory, the trustee or trustees shall be elected at the same time and in the same man- ner as the township officers. § 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 21 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. 1. The Constitution requires that all civil officers, with exceptions that do not include trustees of schools, shall take and subscribe an oath before enter- ing upon the duties of their respective offices. Such official oath is an essential and necessary qualification for holding the office, and without it, the title to the office fails. Simojis v. The People, 18A-588. § 8. Notice of the election of school trustee shall be given by the township treasurer, upon the order of the trustees of schools by post- ing notices of such election at least ten days previous to the time of 29 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 trustees for tow^nship No , range No By order of the bard of trustees of said township. Township Treasurer. 1. Elections for trustees should be held at the places fixed by the county board for holding general elections. Simons v. The People, 119-617. § 9. In townships where no election for school trustees has hereto- fore been held, or in townships where, from any cause, there are no trustees of schools, the election of trustees of schools may be holden on any Saturday, 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 sec- tion, the trustees elected, at their first meeting, shall draw lots for their respective terms of ofiice for one, two and three years; and thereafter one trustee shall be elected annually, at the usual time for electing trustees to fill the vacancy occurring. 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 trustee. § 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 cf "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. In unin- corporated townships, the qualified voters present shall choose, from amongst themselves, the number of judges required to ojpen and con- duct 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. 1. While this provision occurs in the article more especially relating to school townships and the election, qualifications and duties of township trustees, it is plainly intended to apply to all elections held under this act, except so far as modified by subsequent provisions establishing different rules. Misch v. Russell, 136-22. § 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 30 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 (8) o'clock a. m., and one (1) p. m., and the judges may close such election at four (4) o'clock p. m. 1. If the election of trustees of schools be held under the school law, the Australian ballot act does not apply, while it does apply if such trustee be elected at the same time as the township officers. People v. Brown, 189-619. 3. The rule seems to be well settled that those provisions of law which fix the time or place of holding elections are to be construed as mandatory and not merely directory. Simons v. The People, 18A-588. § 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 iDOstpone 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. 1. If within the time required, a sufficient number of inhabitants, qualified to vote, organize and hold an election, the person so elected will hold the ofiice of trustee, notwithstanding an adjournment of the election to a different day and date. A subsequent election is invalid, the power of the voters in this regard, having been exhausted at the regular election, at which a trustee was duly elected. People v. Kies, 20-474. § 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 what- ever. § 16. When a, vacancy or vacancies shall occur in the board of trustees of schools, the remaining trustee or trustees shall order an election 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 additional judges shall be chosen as provided in section eleven (11) 31 o£ this article: Provided, there shall be at least one polling place for each 800 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 other- wise 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 trus- tee or trustees shall be elected at the same time and in the same man- ner as the town ofiicers. 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 remain- ing trustee or trustees of schools, through the township treasurer, as provided for in section nine (9) of this article. 1. If the election of trustees of schools be held under the school law the Australian ballot act does not apply, while it does apply if such trustees be elected at the same time as the township officers. People v. Broivn, 189-619. 2. Section 19, article 3, of the school law which provides that trustees of schools shall be elected at the same time and in the same manner as town officers, is not repealed by section 1 of the Australian ballot act. Ibid. 3. An election for school trustees held at the time of electing- town officers at the annual meeting- is not void because it does not affirmatively appear that the place where the election was held had been designated by the elec- tors at their annual meeting as the place for holding elections, where it has been a custom, acquiesced in for years, to hold the annual meeting and elec- tion at such place, and particularly w^here it is admitted that no votes were lost because of the location of the voting place. Ibid. § 20. Upon the election of trustees ''of schools, the judges of the election shall, within ten (10) days thereafter, cause a copy of the 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 x)oll-book, with the certificate, shall be filed by said superintend- ent, 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 ($25.00) nor more than one hundred dollars ($100.00) to be re- covered 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 pen- alty, when collected, shall be added to the township school fund of the township. 32 1. It will be intended that the election was in the proper county, if the re turns are made to the school commissioner, although it does not appear from the body of the affidavit or the jurat of the same, the name of the county and state in which such election was held. People v. Kies, 20-474. 2. A poll-book which shows the returns of an election for trustees of schools of a town, by name, may be properly admitted in evidence, when it is proven that the town so named and the congressional township were the same terri- tory, and that the township was called by such name, and that the former trustees of that township had ordered that the school business of that town- ship should be done in the name of such town. Ibid. § 21. When school trustees are elected at town meetings, as pro- vided 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 superin- tendent 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 some 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. 1. The statute makes the treasurer ex officio clerk of the board of trustees. He is the keeper of their records, and is intimately associated with them in the performance of their official duties. It is highly important to the trus- tees, that the person selected should be not only capable of discharging efficiently the duties of clerk, but also a man of approved integrity. A large discretion should be indulged to the trustee in the appointment of their treasurer, and where a selection has been made, but before they have been notified of an acceptance of the trust by the appointee, and before a bond has- been presented, they may rescind their action and make another appointment. People v. Trustees of Schools, 43A-60. § 23. The president shall hold his office for one year, and the treas- urer 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. 1. The statutes gives the board of trustees the power to remove a treasurer for proper cause. The appointment of another and the approval of his bond, amounts to a removal of the treasurer from that office. Holbrook v. Trustees of Schools, 22-539., § 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 their official proceedings, which book shall be a pub- lic record, open to the inspection of any person interested therein „ All of said proceedings when recorded shall be signed by the presi- dent 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 tempore 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 president or any two members thereof. At all meetings two members shall be a. quorum for business. 83 1. When a body of men are referred to as having power to decide a question, it is always understood, unless otherwise expressly declared, that the majority shall decide. Tnistces of Schools v. Allen, 21-120. 2. The law constitutes two members of the board a quorum to transact business. And when they concur in any act, which the board may legally perform, the act is as legally binding as if all w^ere present. When the Legis- lature designated that number as a quorum for the transaction of business, it conferred upon them full power to perform all the duties devolving upon the board. Where their action is illegal, it purports to be regular and must be held binding until vacated by certiorari or some other direct proceeding. Schofleld V. WatMns, 22-66. § 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 distribution, 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. 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 ]3receding year ending June 30, in proportion to the number of children under twenty-one (21) years of age in each. 1. Trustees of schools are public officers, vested with the power to deter- mine to what district money collected for school purposes shall belong. The school directors of one district cannot refuse to receive the money thus or- dered by the board of trustees to be paid to them; by receiving it, they do not become liable to an action by another district claiming- it. If another district has any action, it must be against the trustees of the township. School Di- rectors V. School Directors, 36-140. § 27. The funds thus ajpportioned shall be placed on the books of the treasurer to the credit of the respective districts, and the same shall be joaid 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 forward to the county superintendent of the county in which the township lies, on or before the 15th day of July, preceding each regu- lar 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 exhibiting the condition of schools in their res^Dective townships for the preced- ing 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 3— S L 34 part of said whole number liave 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 month 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 neg- lect 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. 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. 1. The law^ reqiiires this report or statement to be made, and points out specifically what it shall contain. Any township failing to make such report, shall forfeit its portion of the distributive fund for^.the^next^ensuing year. Pace V. The People, 47-321. § 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 suscep- tible of division and are impractible to be reported separately, shall be reported to the county superintendent of the county in which the sixteenth 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 35 books, notes, mortgages, securities, papers, moneys and efPects of the corporation, and the accounts and vouchers of the township treasurer, 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 neces- sary. 1. These duties of the board of trustees, as prescribed by the statute, are designed to protect and g•^^ard not only a public fund, but in addition thereto, a duty prescribed by statute as the duty of the treasurer with reference to that fund; the trustees are g-iven a supervisory power and right and a duty in reference to the treasurer's management of that fund. The statute which prescribes these duties and rights is a public law of which all persons must take notice. Trustees of Schools v. Southard, 31A-359. 2. The treasurer is appointed by the board of trustees, and it is made his duty to lend school moneys, to collect, to safely keep funds, and discharge other duties prescribed by the statute. While an officer appointed by the board of trustees, his duties are prescribed by the statute and no power can authorize him to neglect or violate those duties. There is a certain super- visory control exercised by the board of trustees in pursuance of the statute. The treasurer must account semi-annually to the trustees, and lay before them all books, notes, bonds, mortgages and all other evidences of indebted- ness belonging to the township. Ibid. § 31. The trustees of schools in each towns hip in the State may receive any gift, grant, donation or devise made for the use of any school or schools, or library, or other school purpo ses within their jurisdiction, and they shall be and are hereby inves ted, 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. 1. The donation of a site for a school house is a donation for a charitable use, and equity will supply all defects in the conveyance. Price v. School Di- rectors, 58-453. 2. School directors are given the control and management of school houses and sites, but the title to such property is vested in the board of trustees. The board of directors as such, cannot bring suit to compel an ow ner to con- vey the fee. A suit for such purpose can be maintained only in nam e of trus- tees of schools. The law invests the school directors w ith no such interest. Wilson V. School Directors, 81-180. 3. A school house is built by and for the public. Children of a district have a right to go to and return home from the school house, and to travel over the land of another until a highw ay is provided. Permission to pass over owner's land for several years, am cunts to a licerse requiring notice to re- voke. Wilso7i v. Oarrard, 59-51; Kiehna v. Manslier, 178-17. 4. When a school site is conveyed for school purposes, its use is not re- stricted to any special purpose. It may be occupied as a school site or it may be rented and the rents received applied to the general school purposes of the district. If sold, the site would be used for other than schoo 1 purposes. This would amount to a perversion. Trustees of Schools v. Braner , 71-546; Eldridge V. Trustees of Scliools, 111-576. 5. Although the title to school property is vested in the board of trustees, school directors in the actual occupancy of a horse when a trespass is com- mitted, may maintain an action of trespass. Barber v. Tinttces of Schools, 5]- 396; Alderman v. School Directors, 91-179. 6. A devise of lands to 'the school' of a specified town, to be held in trust for the piirpose of constituting a fund to defray the expenses of teaching re- ligion and morals, does not vest the title in the townsliip trustees and their 36 successors under the act of 1841, then in force, which did not provide that the title of all lands given for school purposes should be so held. Trustees of ScJiools V. Petefish, 181-255; Heuser v. Harris, 42-425. 7. The supervision and control of school houses is expressly vested in the directors. When one director assumes exclusive individual control of the school house of the district, and is engaged in raising it from the foundation, with the intention of removing it from its site, the restraining power of the court may be invoked by the other directors, as this is a clear interference with the right given the board of directors to its control. It is true that the trustees of schools are vested with the title, care and custody, but it is the control of the school house that is here involved, and that is vested in the di- rectors. Ruble V. School District, 42A-483. 8. The trustees of schools are invested in their corporate capacity with the title, care and custody of all school houses and school house sites within their respective townships. All conveyances of real estate are made to them in their corporate capacity, and they are to sell and convey sites which have be- come unsuitable, unnecessary or inconvenient. School directors are given the control and supervision of school houses in their respective districts, and may decide when a school house site may become unnecessary, unsuitable or inconvenient. They are authorized to agree upon or detei'mine the compen- sation to be paid for a school house site with the parties interested in the land, and in case of failure they may proceed to have such compensation de- termined in the manner which may be at the time provided by law for the ex- ercise of the right of eminent domain. Bariks v. School Directors, 194-247. § 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 x3etition 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: ' 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 liereinafter described, between the hours of 10:00 o'clock a. m. and 3:00 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. 1. This section confers a power to be exercised when changed conditions have rendered a site once chosen by the voters unsuitable or inconvenient in the opinion of the board, and the power given in such case is to take the initative for the choice of another site by calling an election and submitting the question to the voters. A change in the center of population, or other conditions, may occur, and the language of the statute implies some such 37 change in condition which will authorize action by the board, and not a refusal to carry out the will of the voters. Kiehna v, Mansker, 178-15; Kiehna v. Mansker, 77A-508, reversed. 2. School directors cannot annul an election changing a school site, repu- diate the site chosen and call an election to vote on the question of building a new school house on the old site, discarded at the first election, merely be- cause the new site is some distance from a highway. Ibid; School Directors v. The People, 90A-670. § 33. All conveyances of real estate whicli may be made to said board, shall be made to said board in their corporate name, and to their successors in office. 1. Where a site has been conveyed by a sufiicient deed to the township trustees, for the use of such district, and the deed of conveyance contained a condition that in case said land should not be used for a school house site it shall revert back to the g'rantor, his heirs and assigns, and "where the build- ing after having been occupied by the district for a number of years, w^as used as a dw^elling by the tenant of the grantor without the consent of the school authorities, it is held that such facts do not show an abandonment of the premises for school purposes. Barber v. Trustees of Schools, .51-396. § 34. The township board shall cause all moneys for the use of the townships and districts to be i3aid 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. 1. This language indicates the purpose to charge the treasurer with a specific trust. It is not used with reference to any other involuntary corporate fund. It is a trust fund. It is appropriated to a specific purpose by law, and until so devoted, there is no authority to divert it. In such cases the -statute of limitations does not apply, because the fund is, by law, appro- priated to a specific purpose, to be used by a named agency of the vState. Trustees of Schools v. Arnold, 58A-103. 3. The rule seems to be general and well settled by authority, that so long as the duties of the trustee remain undischarged, the trustee cannot avail of the statute of limitation for his defense. No distinction has been made between a suit on bond and a suit on a statutory liability. As to any school fund in the hands of the treasurer, pleas of the statute of limitations are not Ts^ell pleaded. Ibid. 3. School directors, when authorized by a vote of the people of the district, may borrow money for certain enumerated purposes, on terms prescribed by the statute, and when obtained, it is their duty to pay it over to the treasurer, who is the only proper custodian. Should they place it in the hands of any one else, it is at their own risk. Adams v. State of Illinois, 82-132. 4. As a general rule, money in the custody of the law, or in the hands of an officer of the law, is not liable to be reached by garnishee process. Money in the hands of school directors or their treasurer, is not liable to garnish- ment. The reason is that the money or px-operty is in the custody of the law, and while it so remains it is not the property of the debtor, to satisfy whose debt the process is instituted. Nor is such officer his debtor. While the 08 money is in the hands of the officer the law may control it, and preventing- its ever reaching the hands of the person whose debt is thus sought to be satisfied. MUlison v. Fisk, 43-112; Bivens v. Harper, 59-31. § 35. The township 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 inhabit- ants of said township, for school purposes. 1. Where money is lent by school officers on mortgage security, the trus- tees of schools have the right to purchase lands at a sale made in foreclosure proceedings. Trustees of Schools v. Arnold, 58A-103. § 36. The board of trustees are hereby vested with general power and authority to make all settlements with persons indebted to them in the ir 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 funds 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 of the townships: Provided, however, that in all cases of sale of such 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 or direct. And, provided, further, 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 six- teenth section by section 14 of article 13 of this act. 1. Where a deed is made by the trustees of schools of the first part, and they by the same discretion, as parties, relinquish the right of homestead and covenant to warrant the title for themselves and their successors in office, although signed individually, where there is proof these persons were the trustees of the township who had owned, and then claimed to own the land and it appears, beyond all doubt, that the intention was to convey the land, and to do so as trustees — as officers of the corporation, such deed, if it does not pass the legal, it unquestionably passes the equitable title. If the grantor holds the equitable fee, in a court of chancery he will be treated as the owner in fee. Hemstreet v. Burdick, 90-444. § 38. Upon 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 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 day of such regular election, which notices may be in the following form, viz: 39 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 township high school for the benefit of township number , range number The polls for said election will be opened at and closed at o'clock of said day. A B , Township Treasurer. Provided, that when any city in this State, having a population of not less than one thousand and not over one hundred thousand inhab itants, 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: And, provided, further, that whenever any congressional township in any county under township organization shall contain two political towns, the dividing line between which is a navigable stream of water, as recognized by the United States, each of which shall contain a city of not less than one thousand nor more than one hundred thousand inhabitants, then and in that case each of the said towns shall constitute a high school township under this act for high school purposes: And, provided, further, that where two such po- litical towns, each being a part of one congressional township, the dividing line between which is a navigable stream of water, as recog- nized by the War Department of the United States, shall have here- tofore established a township high school, either of said political towns may file a petition signed by not less than one-tenth of the voters of such political town as shown by the vote of the last general election at any time with the township treasurer of such congressional township for an election to be held in such political town for the pur- pose of voting "for" or "against" discontinuing the township high school as to such political town. Within ten days after the filing of a 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 a majority of the votes cast at such election shall be for discontinuing the township high school as to such politi- cal town the same shall be discontiued as to such political town and such political town shall be relieved from further assessment of taxes for the maintenance of said township high school: Provided, that no such political town shall be relieved from payment of bonds and interest thereon which may have been issued for payment of school buildings. (As amended by an act approved April 29, 1905.) 1. The proper construction of the first provisio is, that so much of the city as is outside of the tow^nship in which a majority of the inhabitants of said city reside, shall be attached to that to^vnship and such township so enlarged, shall constitute a school township for high school purposes. Trustees of Schools V. The People, 61A-131; Trustees of Schools v. The People, 161-146. 2. Under the statute, where a city having a population of not fewer than 1,000 nor more than 100,000 inhabitants lies in two townships, that township in vehich a majority of the inhabitants of the city reside, together with the city, constitutes a school township for township high school purposes. People V. Bruennemer, 168-482. 40 3. When, by the provision of a special charter, a city is erected into a school township as well as a school district, there is no reason why the special pro- visions of the charter should prevent the operation of the general statute. Trustees of Schools v. The People, 61 A -131. 4. The fact that a city has been created a special school district by an act of the Legislature, and maintains a high school, does not take the city out of the operation of section 38, article 3, of the general school law relating to the establishment of township high schools. People v. Bruennemer, 168-483. 5. The declaration by a city charter that the city shall constitute a school district does not take it out of the provision of the school law of 1889, that a city including territory which is a part of two townships, with the township in which the majority of its inhabitants reside, shall be a school township for liigh school purposes. Trustees of Schools v. The People, 161-146; Trustees of Schools v. The People, 61A-131, affirmed. 6. The petition required by the school law to be filed with the township treasurer for the establishment of a high school is properly filed with the treasurer of a township in which the majority of the inhabitants of a city lying in two townships reside. Ibid. 7. The petition required by law to be tiled with the township treasurer to procure the establishment of a high school is simply a request, and need not be in any particular form, and is not insufficient when filed with the proper officer because addressed to him as treasurer of a township erroneously designated. Ihid. 8. It is proper to address the petition to the township treasurer and, upon such petition being duly presented, it is his duty to call the election. It is the duty of the trustees to conduct, canvass and declare the result of the election. Such petition will not be rendered invalid on account of mis- description. Trustees of Schools v. The People, 61A-131. 9. A proceeding by quo tvarranto to determine v^^hether a township high school district has been legally organized involves a franchise, and an appeal from a decision therein lies directly to the Supreme Court. People v. Bruen- nemer, 168-483. 10. A proceeding by quo warranto to determine the legality of the organi- zation of a township high school district is properly brought against the in- dividuals who assume to exercise the corporate powers of the to^vnship high school board. Ibid. 11. In quo warranto proceedings the whole burden is upon the defendant to prove good title to the franchise involved and lawful authority for the exer- cise of the corporate powers assumed. The people are not required to show anything. Ibid. 13. An election to determine M^hether or not a township hig-h school shall be established is properly held under the general school law, and not under the g-eneral election law of 1891 known as the Australian ballot act. People V. Coivden, 160-557. 13. The Australian ballot act was not intended to apply to an election to vote for or against the proposition to establish a township high school, nor a special election to vote on the proposition to issue bonds of the township for the purpose of constructing a high school building. If the law relating to such elections, as provided by the school law of 1889, is to be held repealed by the Australian ballot act, it must be by implication. Repeals by implica- tion are not favored. A prior statute will be held as repealed by implication by a subsequent one, unless the provisions of the two are so inconsistent and and repugnant that they can not stand together. Rankin v. Coivden, 66A-137; People V. Cowden, 160-557. 14. The Australian ballot act is a general law, while the school law relat- ing to township high school elections is special and relates to only one sub- ject. The presumption that the legislature, by a general law, does not intend to afl'ect the provisions of a prior act relating to a special subject, prevails, unless that intention is manifested in express language, or there is something which shows that the intention of the legislature was turned toward the ; special act with the intention of embracing the special cases within it. Ibid 41 15. An election for or against the establishment of a township high school is a special election called by the township treasurer upon the petition of fifty legal voters of the township. Tlie fact that such election is held at the same time and place as that at wliich trustees of schools are elected, does not when such election is held on the annual town meeting day, make it a part of the township election. It remains a special election, is conducted by the township trustees under the school law, and not under the Australian ballot act. People v. Broivn, 189-619. 16. Women are not entitled to vote on a proposition for the establishment of a township high school. The Constitution does not authorize women to vote. The only electors therein provided for are men. It is only in cases where the Constitution contains no provision as to the mode in which an elec- tion shall be held and as to the qualifications of an elector thereat, that the Legislature can confer suffrage on women. People v. Welsh, 70A-641. § B9. 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 live members, notice of which elec- tion shall be given for the same time and in the same manner as pro- vided 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 Saturday of April next preceding their election. Whenever a >^acancy occurs (except by death or resignation), a successor or successors shall be elected, each of whom shall serve for three years, which subsequent election shall be held on the same day and in the same manner 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 with- out 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 education shall meet and organize by electing one of their number president, and by elect- ing a secretary. It shall be the duty of the township board of educa- tion 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. ]. The school law, although consisting of different articles and sections, must be construed as one entire act. Gh^eenioood v. Q-melich, 175-526. 3. A township board of education, created by section 40, article 3, has no power to purchase a high school site, or erect a high school building-, or levy a tax to raise money for these purposes without a vote of the people. The power of the township board in this regard is assimilated in all respects to the power conferred by the statute upon the board of directors of a school district; and the power can only be exercised upon the same conditions and subject to the same restrictions as are imposed upon such directors. Ibid; Ziesing v. Matthieson, 79A-560. 3. By the terms of section 40 it is made the duty of the township board of education to establish a high school and to establish it at some central point 42 most convenient to a majority of the pupils. But this is a duty imposed upon it without specification as to the manner in which the duty is to be performed. Section 41 is designed to indicate how that duty shall be discharged. The fact, that the board of education is authorized to establish the school at some convenient central point, does not necessarily authorize it to buy a particular site for such amount as it may, in its judgment, choose to expend; nor does it authorize it to erect a school building at such a cost as, in its judgment, seems proper. The voters must be consulted in relation to this matter, and it cannot and should not be left solely to the discretion of the township board of education. Ibid. 4. The object of the Legislature was simply to increase the facilities for ac- quiring a good education in free schools. A high school thus established cannot be controlled for the benefit of some to the exclusion of others. All children in the township, within the prescribed ages for admission to the public schools, have equal rights of admission to the high school when they are sufficiently advanced to need its instruction. Every tax payer contributes to its maintenance, and there should be no arbitrary regulation to prohibit the enjoyment of its benefits, in equal degree by all. It should be under- stood that its purpose is the teaching of more advanced branches than those taught in the district school. To insist that the same studies should be pur- sued there as in the district school, would be to defeat the purpose of its cre- ation. Trustees of ScIumjIs v. The People, 87-303. 5. Under the power to prescribe the necessary rules and regulations for the management and government of the school, the board may, undoubtedly, re- quire classification of the pupils with respect to the branches of study they ai'e respectively pursuing, and vs^ith respect to proficiency or degree of advancement in the same branches; that there shall be prompt attendance, diligence in study, and proper deportment. All regulations or rules to these ends are for the benefit of all, and promotive of the interests of all. Ibid. 6. No attempt has hitherto been made in this State to deny, by law, all control by the parent over the education of his child. On the contrary, the policy of the law has ever been to recognize the right of the parent to de- termine to what extent his child shall be educated during minority. The policy of the school law is only to withdraw from the parent the right to select the branches to be studied by the child, to the extent that the exercise of that right would interfere with the system of instruction prescribed for the school, and its efficiency in imparting education to all entitled to share in its benefits. Ibid. 7. No particular branch of study is compulsory upon those w^ho attend school, but schools are simply provided by the public in which prescribed branches are taught, which are free to all within the district between certain ages. * 'T -x * Conceding that all the branches of study decided to be taught in the school shall not necessarily be pursued by every pupil, it cannot in anywise prejudice the school, if one branch rather than another be omitted from the course of study of a particular pupil. Ibid. 8. This section provides that where the legal voters of the township have decided in favor of the proposition at an election held for that purpose, a high school shall be established in the township for the education of the more advanced pupils. A school of this character is certainly a free school, within the meaning of the Constitution. Free schools may be graded and classified, as the spirit of the Constitution contemplates the creation of a thorough and efiicient system of free schools. That one school may be denominated a high school, and another in the township a district school, cannot affect the ques- tion in the least. Richards v. Raymond, 92-612. 9. No definition of a common school is given or specified in the Constitu- tion, nor does that instrument declare what course of studies shall constitute a common school education. The phrase a common school education is one not easiJy defined. One might say that a student instructed in reading, writing, geography, grammar and arithmetic had received a common school education, while another who had more enlarged notions on the subject might insist 43 that history, natural philosophy and algebra should be included. It would be almost impossible to find two persons who would in all respects agree in regard to what constituted a common school education. Ihid. 10. At the time of the adoption of the Constitution there w^as a wide differ- ence of opinion in different parts of the State as to what constitutes a common school education. A constitution which would have impaired, in any degree, the free high school system in existence "would not have received the approval of the voters of the State. While the Constitution has not defined what a good common school education is, and has failed to prescribe a limit, it is no part of the duty of the courts to declare by judicial construction, what par- ticular branches of study shall constitute a common school education. This is a proper question for the determination of the Legislature. Ibid. § 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.) 1. The language of this section which gives to the board of education the power and enjoins upon it the duties of directors of schools for such districts in all respects means that, as to such school, it shall have precisely the same powers and exercise the same duties that district directors have and exercise with respect to district schools. Fisher v. The People, 84-491; Trustees of Schools V. The People, 87-303; Richards v. Raymond, 92-612. 2. The unauthorized purchase \>y a township board of education of the site for a high school is ratified where the electors vote, at an election called for that purpose, to build a school house on the site so purchased, and to issue bonds for that purpose. Board of Edxication v. Carolan, 182-119; Carolan v. Board of Education, 81A-359, reversed. 3. That members of the board of education were not notified of the meet- ing at which an election was called to vote on a proposition to build a school house and issue bonds in payment of it, does not invalidate the election, where the meeting was a stated one, provided for by a regular order. Ibid. 4. But one polling place need be fixed in a high school district for an elec- tion to determine whether a ne'w school building shall be constructed and bonds issued in payment. Ibid. 5. The notices of an election to determine whether a high school building shall be erected and bonds issued therefor, are not invalid because two of the members of the board sign as president and secretary respectively, instead of as individual diiectors. Ibkl. 6. By section 41, the township board of education is given the same power, which is conferred upon the directors of a school district, and is required to discharge the same duties, which the directors of a school district are re- quired to discharge, so far as relates to the building of a school house, sup- porting the school, and paying other necessary expenses. The power and the duties of the township board of education, being the same as those of the directors of the school district, must necessarily be subject to the same restrictions. Gh'eenwood v. Omelich, 175-526. § 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 the legal voters of such district — and upon an affirmative vote in each of 44 such townships or districts, at an election held pursuant to the pro- visions of section 88 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 petition of fifty (50) legal voters of such district and by an alfirmative 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: ProvicZed, 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 towaship 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 dis- tricts and the board of education elected therefor legal boards of education. (As amended by act approved May 11, 1901.) 1. If a township high school is organized under this section from two or more adjoining townships, or two or more adjoining school districts in the same or diiferent townships, a board of education may be elected for such high school district, with power to levy necessary taxes to build the school house and support the school. Gale v. Knopf, 193-245; Gh^eeley v. The People, 194-550. 2. Any school district having at least two thousand inhabitants may estab- lish and maintain a high school for the benefit of such school district. In so doing it exercises a power which it already had, the only difference being that the high school is in charge of a different board of education. There is no warrant for saying that when a district establishes a hig-h school it be- comes two districts, the one within and co-extensive with the other or the one superimposed upon the other. It is within the power of the Legislature to provide for the establishnaent of a high school under the control of a board of education elected for that purpose, but it cannot, by multiplying the boards of education in the same territory, authorize the district to incur in- debtedness beyond the constitutional limit. Russell v. High School Board of Education, 212-327. 3. The establishment of a high school by a school district under the con- trol of a different board of education is a mere division of existing powers of the district between the two boards of education. What the new board of education can do, the district was already authorized to do throug-h the exist- ing board of education. If the Legislature, by authorizing- a school district to establish a high school, can also authorize it to incur indebtedness beyond the constitutional limit, it could get rid of all the restrictions of the Consti- tution by authorizing the management of each grade or department of the public schools by a different board of education, with different buildings. Such a construction of our Constitution has never been adopted. Ibid. § 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 townshiiDS, filed with the township treas- 45 urers of said townships at least fifteen days preceeding 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 B8 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 j)etition, 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 apioroved 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 39 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 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 j). m. (according to the proper numbers),' county of and State of Illinois. 46 1. This section provides that the trustees of schools shall lay off the town- ship into districts to suit the wishes and convenience of a majority of the in- habitants of their townships. But the law does not provide any mode by which these facts are to be ascertained. No petition is necessary, but the trustees are peremptorily required to lay off the township into districts, and they are directed in so doing- to suit the wishes and convenience of the in- habitants of their township. There being- no mode provided by the act by which this is to be accomplished, the board must necessarily take the respon- sibility of deciding the question, acting upon the best lights before them, and exercising their best judgment. They must perform that duty, and their honest action cannot be inquired into. Metz v. Anderson, 23-463. 2. To lay off and divide a township into school districts, and from time to time, alter them or create new ones, as circumstances may require, is a very difficult duty to perform, and it is not reasonable to expect, however just, wise and impartial they may be, that there will be no single complaint. It requires much deliberation and the exercise of sound judgment, and in such case a court could not well interfere, unless gross injustice had been done, or the marks of corruption in the board so evident as to compel the court to in- terpose. Ibid. 3. The trustees have power under the school law^ to district, and it is made their duty to district their townships into proper divisions to suit the wishes and convenience of a majority of the inhabitants thereof, for school purposes. The trustees are vested with a large discretion in the performance of these important duties, and courts will not attempt to control its exercise except in a palpable case, where a plain violation of the law is manifested. Scliool Directors v. Trustees of Schools, 66-247. 4. In the matter of the formation of school districts, the trustees are in- vested by law w^ith a large discretionary power which it is their duty to exer- cise for the best interests of the inhabitants of the township. There is no mode pointed out in the statute for ascertaining the wishes of the inhabitants of the tow^nships, or what number and size districts would best suit their con- venience. It is made the imperative duty of the trustees to lay off the tow^n- ship into districts, but the manner of doing so is left to their sound discretion. When this discretion is honestly exercised, a court of equity has no power to supervise the action of the trustees in the premises. Thompson v. Beaver, 63-353. 5. If there has been any flagrant abuse of the discretionary power with which the trustees are invested, or any corrupt conduct in laying off or changing districts, so that the same would be palpably inconvenient and op- pressive to the inhabitants of the township, equity will interpose to afford the requisite relief. Ibid. § 47. In a township where snch division into districts has been made, the same trustees may, in their discretion at the regular meet- ing in April, when petitioned as hereinafter prescribed 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. 1. The power to change the boundaries of school districts is discretionary, and the board of trustees cannot be compelled to do so by mandamus. Triis- tees of Schools v. Kay, 8A-30. 2. The rule is well established that w^hen public officers are invested with discretionary povs^ers, a court of equity will not interfere to control or review^ the exercise of the power unless fraud, corruption, oppression or gross injus- tice is plainly shown. A court of equity cannot sit as an appellate tribunal to review the exercise of judgment w^here there is no gross abvise of the power. 47 and the law does not contemplate any supervisoi-y powei* in the court for the purpose of correcting errors of judgment. School Trustees v. School Directors, 190-390. 3. A proposed change in a school district is not rendered unjust, unrea- sonable and oppressive by the fact that to carry out such a change, the district will have to be taxed to the statutory limit. Ibid. 4. The second clause of section 47, article 3, confers the power on the trustees to organize a new district out of territory belonging to two or more districts, and when a petition is presented, signed by two-thirds of the legal voters living within certain territory containing not less than ten families, asking that said territory may be made a new district as specified in clause 3, section 48, article 3, then the trustees are clothed with authority to act. Parr v. Miller, 146-596; Peojjle v. Rhodes, 109A-110. 5. Clause 3, section 47, article 3, which authorizes the trustees to organize a new district out of territory belonging- to two or more districts, does not limit the new district to parts, only, of territory belonging to two or more districts. People v. Keechler, 194-235. 6. The formation of districts, changing their boundaries, detaching terri- tory from one district and attaching it to another, is by law committed to the trustees of schools. Their determination of all such matters is final and con- clusive. The discharge of this function afliects the public interests, and the school directors are bound by their action, whether it is taken on their own motion or under the mandate of a court of competent jurisdiction. In either case the directors have no discretion, but must acquiesce and accept the dis- trict thus formed. School Directors v. School Directors, 135-464. § 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 (|) of the legal voters living within cer- tain territory, described in the petition, asking that the said territory be detached from one district and added to another. Third — By two-thirds (|) 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. 1. Clause 3, section ■ 48 provides, that a new district may be formed by taking portions of one or more districts already established, upon a petition signed by two-thirds of all the voters residing in the territory proposed to be formed into such new district without reference to the portion taken from any particular district. It does not require ten families to reside in the par- ticular territory taken from any one district. Boone v. The People, 4A-331. 3. The first and second clauses of section 48, article 3, have nothing to do vsrith the organization of a new district. They do not relate to that subject. The first relates to an application to divide or consolidate districts. The second, as is apparent from its language, relates to an application, addressed to the trustees, to detach territory from one district and add the same to another adjacent district. Parr v. Miller, 146-596; Parr v. Miller, 49A-48, affirmed. 3. Under section 47, and clause 3, section 48, article 3 of the school law providing for the making of union school districts from parts of old districts on petition of two-thirds of the legal voters residing in the territory of the proposed district, a voter moving into such territory at any time before the petition is signed, from another part of the same township, school district and voting precinct, is a legal voter, and must be counted in estimating the proportion of legal voters signing the petition. People v. Simpson, 168-127. 4. A petition to organize a new district, including all the lands of tw^o old districts and parts of the lands of yet two others, is properly treated as a petition to organize a new district, and not as one to consolidate districts, or 48 to detach territory from one district and add it to an adjacent district. Peo vie V. Allen, 155-402. 5. It is sufficient to g-ive the school trustees jurisdiction to act on such a. petition if it is signed by two-thirds of the legal voters residing in the terri- tory proposed to be organized into such new district, without regard to their particular location within that territory or their relation as residents to the former districts. Ihid. 6. Clause 3, section 48, article 3, providing for a petition to be signed by two-thirds of all the legal voters within certain territory containing not less than ten families, asking that said territory be made into a new district, relates to tlie organization of a new district out of territory belonging to twa or more districts. People v. Keechler, 194-235. 7. A legal petition, such as is specified in section 48, article 3 of the school law, is necessary to confer power and jurisdiction on trustees of schools to divide or consolidate school districts, create new districts out of existing ones, or to detach territory from one district and add it to another. Hamilton, v. Frette, 189-190. 8. If petitions to form a new school district by adding portions of other districts to one whole district comply with clause 3, section 48. article 3 of the school law, in having the signatures of two-thirds of all the legal voters re- siding within the territory proposed to be made into the new district, it is not necessary that they also comply with clause 2 of such section relating to detaching territory from one district and adding it to another, by having the signatures of two-thirds of the legal voters living in each of the different por- tions of the territory going to compose the new district. Ibid. 9. Where petitions to form a new scliool district out of different districts lying in three townships and two counties have been denied by the trustees of the respective townships, and an appeal is taken, the two coimty superin- tendents, who, with the county judge, decide to form the new district, such decision is final and conclusi\ e of the question whether bhe petitions were de- signed to evade the requirements of the law relating to petitions to detach territory from one district and add it to another. Ibid. 10. The fact that a school district has been illegally formed, in violation of a statutory provision, yet, in a collateral proceeding, the legality of the formation of the district cannot be inquired into, but it must be taken as having been rightfully formed, and that the only mode in which such illegal- ity can be inquired into and taken advantage of, is by information in the nature of a quo warranto. Trumbo v. The People, 75-562: Renivick v. Hall, 84-163; People v. Newberry, 87-43: Alderman v. School Directors, 91-180. 11. The limitation in the formation of new districts out of territory pre- viously organized as one district, applies to each district. Neither must contain less than ten families. Both are, in fact, new districts, though, as a matter of convenience, for purposes of description in designating the duties of officers and providing for the disposition of property or funds, one may be denominated the old or original district, and the other a new district. Ches- sire V. Tlie People, 116-493. § 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 sub- mit the question of the change desired to the voters of said district, 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 pro- posed, then, due return of the election having been made to the town- 49 ship treasurer, the township trustees shall consider and take action the same as if petitioned therefor by a majority of the legal voters of siich district: Provided, that no question of change of boundaries shall be submitted to a vote of the school district more than once in any one year. (As amended by act approved June 18, 1891.) 1. Prior to the act approved June 18, 1891, the trustees of schools were not authorized to change the boundaries of districts existing- by virtue of special charters. ScJiaefer v. The People, 30A-605. § 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 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 w^ith the board of trustees of said township their petition, a copy of vrhich is herevs^ith handed to you. Signed 1. These are essential and substantial requirements. It is thoroughly settled, by numerous adjudications in this State, that in a proceeding by certiorari to reviev^ the action of an inferior tribunal of limited jurisdiction, the revievping court is limited to inspection of the record of the inferior tribu- nal, and that the record must affirmatively show jurisdiction. Board of Edu- cation V. Trustees of Schools, 74A-401. 2. A petition may be amended in certain cases. Where the official action which is the subject of a proposed amendment has in fact been had. but by reason of some accident or oversight, or for some other cause, has been omitted by the clerk from the record of the proceedings of the board, both reason and authorities show^ that it is competent to amend the record to cor- respond with the facts, and that when such amendment is made, the record, as amended, unless impeached, is conclusive. IMd. 3. Where it appears from the return that a petition w^as filed with the clerk of the board of trustees within the time prescribed by section 50, article 3 of the school law^, and that notice in -writing was served on the boards of direc- tors of the districts from which the territory of the new^ disti-ict was to be taken, it is held that the board of trustees acquired jurisdiction, and having jurisdiction, an order establishing a new district is valid, whether the evidence upon which the board predicated its judgment was incorporated in the record or not. Parr v. Miller, 146-596. § 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 boundaries both of districts which lie in separate townships, but ad- jacent to each other, and of districts formed of parts of two or more townships, as are permitted to be made in districts which lie wholly in one township. — 4 S L 50 1. There is no authority given to call or org-anize a joint meeting of the trustees of schools of several townships, or the transaction of business by such a body. Rayfleld v. The People, 144-332. 2. The boards of trustees of two or more townships, when acting concur- rently, may, under section 51, article 3, w^hen duly petitioned, make changes in districts lying adjacent to each other but in separate townships, or in single districts formed of parts of two or more townships, the same as may be done by the trustees in the case of districts lying w^holly in one township. People V. Keechler, 194-235; Webb v. The People, llA-358. 3. The word adjacent used in section 51, means, that the districts, the territory of which may be taken, should be so united or joined together as to form a compact district. Ibid. 4. Where part of the boards of trustees affected by the proposed formation of a new school district refuse to grant the prayer of the petition, the petition is defeated unless their decisions are reversed on appeal, and to that end appeals must be taken from the adverse decision of each board and must be taken to the same tribunal. Mason v. The People, 185-302. 5. The tribunal to w^hich is taken an appeal from the decisions of school boards refusing to grant the prayer of a petition to form a new school district should give notice to the boards whose decisions are appealed from, and has no jurisdiction to grant the prayer of the petition unless the adverse deci- sions of all the boards are before it on appeal. Ibid. 6. In order that the formation of a new school district from parts of others shall be legal, it must be alleged in the petition and be found as a fact that at least two-thirds of the legal voters living within the territory to be made into a new district signed the petition and that said territory contained at least ten families. Ibid. 7. When it is desired to form a new district out of territory lying in several different townships, the formation of such district must be petitioned for by two-thirds of all the legal voters living within such territory contain- ing not less than ten families. The territory proposed to be erected into a new district must contain not less than ten families, and the petition pre- sented to the board of trustees of any one of the townships interested must allege that the proposed territory contains not less than ten families. Car- rico V. The People, 123-198. § 52. Wlien, 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. 1. Every petition of this nature, seeking to effect a division of a long established school district, should make a case within the express provisions of the statute, before the trustees can be required to act. School Trustees v. The People, 71-559. 2. It is not necessary that the boundaries of the districts as they exist be set out in the petition. The form and boundaries of the several school districts are known to the trustees in fact, as they are presumed in law, to be known to the public in general. The inquiry which the trustees are to make must, to a great extent, be of a summary nature and might be wholly met and answered by facts within their own personal knowledge. Trustees of Schools V. The People, 25A-25. 3. Formal statutory documents, prepared without a form for guidance, by persons unskilled in technical composition, are seldom found to be models of neatness and accuracy. In the construction of petitions, if a legitimate 51 object and sense can be reasonably ascertained from what is expressed, the court will supply its appropriate expression. Scott v. Trustees of Schools, 71A-95. 4. The trustees can act only in pursuance of law. They cannot be com- pelled to act unless the law is complied with in every substantial particular; nor are they permitted to act, until it is so complied with. They have no power to waive anything that is necessary to compel their action. They may not, as a matter of grace or favor, take territory from one district and add it to another. They may do this only in the cases provided by law, and what- ever is essential to be done, before they are bound to act, they must require before they do act. They must know that the petition conforms to the law before they proceed. Potter v. Board of Trustees, lOA-343. 5. Trustees of schools have no power except those conferred by the statute, nor can they exercise the powers conferred upon them in any other mode than that prescribed by the statute. They cannot be compelled to act, and will not be permitted to act, until the law is complied with. The territory proposed to be erected into a new district must contain not less than ten families, and the petition presented to the board of trustees of any one of the townships interested must allege, that the territory contains not less than ten families. If such allegation is absent from the petition, the board of trustees, to which it is presented have no power to act in the formation of the new district. Carrico v. The People, 133-198. 6. A plea stated that two-thirds of the legal voters living in a certain ter- ritory, w^hich contained not less than ten families, filed petitions with the trustees. This was not sufficient to make it a good plea. It should have alleged, that the petitions, filed with the several boards of trustees, set forth the fact that the territory to be formed into a union district contains not less than ten families. A petition setting forth that the proposed territory con- tained not less than ten families, was necessary in order to give each board the power to act in the matter of forming a new district. The presentation of a petition making the allegation in question was a jurisdictional fact, and, without it, all proceedings of the board w^ere void. Ibid. § 53. If, on the day of the regular meeting, or, in case of adjourn- ment, at the adjourned meeting, it shall appear that such provisions 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 former 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 w^ill appeal from your decision, made on the day of , A. D. . . . granting (or re- fusing) 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 52 § 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 transcript 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 required 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 make 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. 1. Prior to the revision of 1889 the county supei-intendent had no power to act except in cases where the trustees refused to grant the prayer of the petitioners. He had no power to reverse the action of the trustees w^here the prayer of the petitioners had been granted. Badger v. Kriapp, 7A-222. 2. Proceedings of an inferior tribunal cannot be brought before the circuit court for review upon writ of certiorari, wliere the right of 'the review of the proceedings upon appeal exists, and if a writ be improvidently issued in such case, it should be dismissed. Trustees of Schools v. Shepherd, 139-114. 3. Where part of the school boards of districts affected by the proposed formation of a new school district refuse to grant the prayer of the petition, the petition is defeated unless the decisions are reversed on appeal, and to that end appeals must be taken from the adverse decision of each board and must be taken to the same tribunal. Mason v. The People, 185-302. 4. The tribunal to which is taken an appeal from the decisions of school boards refusing to grant the prayer of a petition to form a new school district should give notice to the boards whose decisions are appealed from, and has no jurisdiction to grant the prayer of the petition unless the adverse decisions of all the boards are before it on appeal. IJnd. 5. It is the duty of the county superintendent, on the hearing of appeals, to investigate and determine whether the proposed change will be for the best interest of the districts affected, and the statute provides that his action shall be final and binding. He is vested with discretion to determine what is best for the people and the cause of education. The rule is well established that when public officers are so invested w^ith discretionary powers, a court of equity will not interfere to control or review the exercise of the power unless fraud, corruption, oppression or gross injustice is plainly shown. Trustees of Schools v. School Directors, 190-390. § 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 53 any one of the counties in which said territory is partly located; and upon any appeal being taken in any such case, the county superin- tendent 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 shall 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 superintendents 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 boards 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. 1. Where petitions to form a new school district out of different districts lying- in three townships and two counties have been denied by the trustees of the respective townships, and an appeal is taken, the two county superin- tendents, who, with the county judge, decide to form the new district, such decision is final and conclusive of the question whether the petitions were de- signed to evade the requirements of the lav^r relating to petitions to detach territoi"y from one district and add it to another. Hamilton v. Frette, 189-190. § 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 i3resident of the trustees and the clerk who shall file the same, together with a map of 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. 1. The filing of a map, properly certified, of a new school district, vphen formed, with the county clerk, is not essential, but only directory. It is in nowise connected with the formation of the district. The law requires it to be made, and filed with and recorded by the county clerk. The obvious pur- pose of such a map is to enable that ofiicer to correctly extend the taxes levied by the directors in the various districts. School Directors v. School Di- rectors, 73-349. S. That there should be such a map filed for that purpose is true, but if not filed, and the clerk were to extend the taxes on the property in districts from the records of the board of trustees, it would not form a valid objection to the tax thus levied, nor can it, to the legal organization of a school district, that the map is not properly made or filed. The officers failing to perform that duty map become liable to respond in damages for any loss the district may incur by such neglect, but it cannot be held to disorganize a district otherwise regularly formed. Ibid. 3. A failure of the township trustees to file with the county clerk a map showing the lands embraced in the new district will not have the effect to destroy its corporate existence, or to prevent the directors of a new district from leving taxes for school purposes therein. School Directors r. School Di- rectors, 135-464. 4. Upon the formation of a new school district the law requires a map of "the school districts of the township to be filed with the county clerk. This is not an essential requisite to the valid organization of such district The 54 map is necessary to enable the clerk to extend the school taxes on the prop- erty of the district, but not as to the legal organization of the new district. This act is required after all the legal steps have been performed necessary to organize a new school district. Crossett v. Owens, 110-378. § 58. In case any territory shall be set off 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 the 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 15 days after the action of the trustees, an election, to be held at some convenient time and place, within the boundaries 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 such 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 opened at o'clock m. , and close at o'clock m. By order of the board of trustees of said township. Signed Township Treasurer. 1. This section should be construed with section 3, article 6. Where a new- district is formed which has a population of not less than 1,000 nor more than 100,000 inhabitants, there must be an election for a board of education, and not for three directors. But section 2, supra, does not provide that the board, in the first instance, shall be elected only on the third Saturday in April. That provision relates to the election of additional members to be elected by reason of the increased population of said district. Nor does it re- quire any census of the district, special or general, to be taken in order to authorize the election of the president and members of the board. It is only w^hen additional members are to be elected, that the increased population must be ascertained by the census. People v. Keecliler, 194-235. § 60. At the time appointed for opening the polls for said election, it shall be the duty of the legal voters present, five of whom shall 55 constitute a quonim, 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 organize as a district board by appointing one of their number president and another of their number clerk of said board, as in other cases of the election of school directors. At this first meeting of the directors, 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 daj^s 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 distribu- tion of the funds of each of the old districts in the proportion 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 dis- tricts 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 collected. 1. Where a school district is divided and a new one formed, the trustees of the township concerned should make a division of the funds, property and debts in a just and equitable manner, and until such division has been made, each district is bound to pay its own debts. School Directors v. Miller, 49-494. 2. It is not within the power of the township trustees, by any action in the re-organization of a township, to impair the obligation of the directors of any school district therein. If the indebtedness of any such district is apportioned among and laid upon the nev? organizations, thus securing its payment, the 56 old district is thereby discharged; but that not having been done, it remains bound, and for all purposes of a remedy, will still be deemed to exist. Rogers V. The People, 68-154; Moll v. School Directors, 23A-508. 3. Where the board of trustees meet for the purpose of appraising and dis- tributing property and funds, consequent upon the formation of a new district, and the records show that the board of trustees met for that purpose, it will be presumed that the distribution was made by the board of trustees, to whom is confided the formation of the districts and the apportionment of the school funds. School Directors v. School Directors, 73-249. 4. Where an appraisement and distribution of school funds were made on the formation of a new district, and the old district refuses to pay over the proceeds to the treasurer, and the board of trustees neglects to compel such payment, the proper remedy for the new district is by bill in chancery to compel the collection of the fund, and the application thereof to its legitimate use, and to prevent its perversion. Ibid; School Directors v. School Directors, 135-464. § 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 30 days thereafter, proceed to the appointment of three appraisers, who shall not be citizens of the township or townships interested. It shall be the duty of said appraisers, within 30 days after their ap- pointment, to appraise the school property, both real and personal, of the district or districts interested, at their fair cash value. Within 30 days after such appraisement, the trustee or trustees of the town- ship 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 hona fide debts if any, of the old district shall first be de- ducted 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 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 1. Where a nev7 district is created, and an appraisal and distribution is made upon the formation of such new district, and the old district refuses to pay to the treasurer the amount found due upon division, and where the trus- tees refuse to act, the district may file its bill in chancery to have the fund collected and applied to its legitimate use, thus preventing its loss or perver- sion. School Directors v. School Directors, 73-249; School Directors v. School Directors, 16A-651. 2. A tax to pay the proportionate share of a building would not be for the support of the school or for educational purposes and such a tax v^ould be properly classed as for building purposes. In crediting a new district with its proportionate share of the value of a school house property it can only be credited or paid out of a fund which can be lav^^f uUy applied for that purpose. The payment should be made from a tax levied for building purposes. The taxable property of a district will enable it to pay its share of the value of the school property from a tax for building purposes and to maintain a school tax for educational purposes. School Trustees v. School Directors, 190-390. § 65. If the trustees shall fail to observe the provisions of sec- tions 63 and 64, in reference to the distribution of funds and prop- erty, they shall be individually and jointly liable to the district inter- ested, 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 57 in said sections 63 and 64 of this article, the district interested in the making of such distribution may, by its directors, request the trus- tees 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 or in the manner prescribed, 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 trus- tees 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 dis- trict 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 petition- ing the several boards of trustees of said townships, at their regular 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 trus- tees shall each make such disposition of the territory of said district as lies in its township, and they shall jointly make such division of property of said district between the districts to which its territory is attached, as is hereinbefore provided in the case of the organization of a new district from a part of another district. The action of the trustees, in accordance with such petition or election, shall be final and binding; and the clerks of the several boards of trustees, in such case, shall file a copy of the record of the same, together 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 article, 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," ap- proved March 1, 1847, and "An act to establish and maintain a system of free schools," approved April 1, 1872. All rights of prop- 58 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. 1. An original judgment was obtained in 1839, by a school commissioner, as agent for the inhabitants of the county, for the use of the inhabitants of a particular township, in pursuance of the laws as they then existed. The legal title to this judgment continued in the school commissioner until the passage of the act of 1841, which transferred the legal title in the judgment to the trustees of schools, who were authorized to be elected by the provis- ions of the act. Here the legal title rested until the law of 1845 transferred it to the other trustees, authorized by that act to be elected. Trustees of Schools V. Douglas. 17-209. 2. The law was again altered in 1847 and 1849, when other trustees were authorized to be elected, w^ho were declared to be successors to the several trustees authorized to be elected by the several laws hereinbefore mentioned, and vesting in them all rights of property, and rights of causes of action, ex- isting or vested in the trustees of school lands, or trustees of schools as suc- cessors, in as full and complete a manner as was vested in the school commissioners, the trustees of school lands, or the trustees of schools ap- pointed or elected as aforesaid. Ibid. 3. If the Legislature had the power to pass the several acts transferring the legal title to the judgment, in the manner stated, there is no room left to doubt the right of a board of trustees to bring an action in debt on said judg- ment, to revive the same. These were all municipal corporations created for school purposes; and this judgment, and other property vested in them, was public property for the use of schools. The corporations in w^hich it was vested, were necessarily subject to legislative control and disposition. The complete authority of the Legislature over such subjects has never been doubted. Ibid. Article IV. TOWNSHIP TEEASUEEE. 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 the 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 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- 59 pointment, to his successor, when aiapointed and qualified, as herein IDrovided 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 the following form, viz: State op 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 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 vrhereof w^e have hereunto set our hands and seals this day of , A. D. , 19. . . . The condition of the above oblig-ation is such that if the above bounden A. B., township treasurer of township rang-e , in the county aforesaid, shall faithfully discharge the duties of said office, 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: G. H., ) A B (Seal) I. J., [ Trustees. C D (Seal) K. L., I E F (Seal) 1. It is not essential to the validity of the bond that it should be literally in compliance with the statute. The statute is directory, and if the bond is substantially as required, there is no valid objection. Trustees of Schools v. Rodgers, 7A-33. 2. The township treasurer is appointed by the board of trustees of schools. The statute does not require such treasurer to take an oath of office. School Directors v. The People, 79-511. 3. The township treasurer is the only lawful depository and custodian of of all district school funds, and they are to be paid out only on the order of the school directors drawn on the township treasurer. The township treas- urer is, therefore, the proper officer to make demand for such school funds of any one holding the same unlawfully. School Directors v. The People, 79-511. 4. A township treasurer, by virtue of the statute, is an insurer of the funds coming into his possession, and, to exonerate himself upon his bond, he must show that he has paid out or disposed of the funds in his hands in pursuance of lawr, or that he has been prevented from so doing by the act of God or the public enemy. Thompson v. Trustees of Schools, 30-99; Trustees of Schools v. Smith, 88-181: Swift v. Trustees of Schools, 189-584; Humiston v. Trustees of Schools, 7A-122; ScheiTi v. Trustees of Schools, 24A-369. 5. When a defaulting treasurer misappropriates funds that come to him in his official capacity during his term of office, his securities for a succeeding term of office are under no legal obligation to make good such defalcation. The obligation for such defalcation rests upon the sureties for the terms in which the misappropriations severally occurred. Potter v. Board of Trustees, llA-280. 6. If an officer succeeds himself, the second bond is liable for what he had in his hands at the end of his first term. The accidental circumstance that 60 he succeeds himself does not extend the obligation of the first bond. He is presumed to have the money on hand when the second bond is executed. The obligation of a bond itself is satisfied by payment to successor and faith- ful performance of the duties of the office. Trustees of Schools v. Ai^nold, 58A-103. 7. Where a treasurer is appointed at the expiration of the term of his pre- decessor, or is reappointed, his own time having expired, and the bond executed is in form as required by the statute, his sureties are liable for his official acts and doings, for the full term of the bond, notwithstanding any representations the principal may have made to such sureties, as to the term or purpose of such instrument. Ladd v. Board of Trustees, 80-233. 8. When a township treasurer makes entries in his books, or in a report which the law requires him to make, both he and the sureties on his bond are estopped to deny the correctness of such entries, in a suit on the official bond of such officer. Longan v. Taylor, 130-412. 9. The law is well settled by numerous decisions of the Supreme Court of this State that where the identity of a trust fund is lost by reason ofi ts hav- ing been mingled with other funds, that as against general creditors, the owners of the fund have no priority. School Trustees v. Kirivin, 25-73; Zerwick V. Weir, 81A-181. 10. The duties of school directors are derived exclusively from the statute, are specifically defined, and if they exercise powers and functions not con- ferred upon them, the statute has made them responsible for all losses that may ensue. They may borrow money for enumerated purposes, on terms pre- scribed, and, when obtained, it is their duty to pay it over to the treasurer, who is the only proper custodian. Should they place it in the hands of any one else, it is at their own risk. Adams v. State of Illinois, 82-132. 11. A person who acts as township treasurer for a number of years, thereby sanctioning the acts and doings of the board of trustees, and after- wards contracts to sell a lot for a school house site, knowing that the title would go to the trustees, is estopped from denying the legality of the election of the school trustees. Frich v. Trustees of Schools, 99-167. 12. One accepting the office of township treasurer takes upon himself the duty of safely keeping the moneys of the township which come into his hands, and of disbursing them pursuant to law, and he and his sureties can- not be excused from making good a deficiency resulting from the failure of the bank where the funds were deposited, although he supposed the bank to be solvent. Swift v. Trustees of Schools, 189-584; Swift v. Trustees of Schools, 91A-221, affirmed. 13. The fact t'lat the officer fails to obtain service on the township treas- urer, does not aiiect either the quantum or character of proofs necessary to make out a case against the sureties. Whether the principal was or was not before the court, the procedure and rules of evidence as to the sureties would be the same. Whatever would show a breach of the condition of the bond by the principal, would, in either case, establish the liabilities of the sureties thereon. Cassady v. Trustees of Schools, 105-560. 14. Where a treasurer is elected by the board of education of a district ex- isting by virtue of a special charter, and a bond is executed by the treasurer- elect and delivered to the clerk of said board for approval, it becomes obliga- tory unless subsequently disapproved. It is also held that if the clerk is not satisfied with the sureties, he should disapprove the bond, so that the officer may find other sureties. If this is not done the bond becomes obligatory to secure the rights of the public, and the bond is binding on siich parties from the moment it is delivered to the clerk. Bartlett v. Board of Education, 59-364. § 2. Every township treasurer shall provide himself with two well bound books, 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 61 loaned, the date of the loan, the rate of interest, the time when pay- able, the name of the securities; or, if real estate to be taken, a de- scription of it. He shall also enter, in separate accounts, moneys received and moneys paid out, charging the first to debit account, and crediting First — The principal of the township fund, when paid in and when paid out. 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., CD., E. F. January 1, 18 January 1, 18 $90 00 Januarys. 18 handed to I. J., for collection or Januarys, 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 au- thorized by this act, or by any committee appointed by the voters of the township, at the annual election of trustees, to examine the same, 1. A township treasurer should keep his books so as to show the exact condition of his accounts, and he has no right, in case of his defalcation, to require the township trustees to ascertain the amount due, and insist that they be bound by the amount they agreed to accept, in the belief that it was correct, but which was afterward found to be too small, owing to misrep- resentations by the treasurer as to certain credits claimed by him and allow^ed by the expert employed by the parties interested, inckiding the trustees, on the faith of such representations. Whitlmv v. Trustees of Schools, 191-457;- Whitlow V. Trustees of Schools, 93A-664, affirmed. § 8. Township treasurers shall lend, upon the following condi- tions, all moneys that shall come into their hands by virtue of their ofiice, except such as may be subject to distribution. The rate of in- terest shall not be less than four per centum, nor more than seven per centum, per annum, payable annually, the rate of interest to be determined by a majority of the township trustees at any regular or special meeting of the board. No loan shall be made for less than 62 one year nor more than five years. All loans shall be secured by mortgage on unincumbered realty situated in this State, worth at least fifty per centum more than the amount loaned, with a condition, that in case additional security shall be required at any time, the same shall be given to the satisfaction of the board of trustees: Pro- vided, however, that nothing herein shall prevent the lending of township funds to boards of school directors, taking bonds therefor, as provided in section one, article nine of this act. (As amended by an act approved May 12, 1905.) 1. The Legislature may, from time to time, direct in what manner the school funds shall be loaned, upon what security, at what rate of interest, and by whom they shall be applied. Bush v. Shipman, ^-186; Keyes v. Jasper, 5-305. 2. The duty of township treasurers as to the kind and amount of security to be by them taken upon the loan of money in their hands, is clearly defined by this section. Board of Trustees y. Baiter, 24A-231; Board of Trustees v. Baker, 34A-620. 3. The school fund, while in the hands of the township treasurer, is a public trust fund, and as long- as he holds the money it remains a trust fund, but when he pays it out to a board of directors, on its orders, it is not a trust fund in the treasurer's hands which would exclude the operation of the statute of limitations. School Directors v. School Directors, 105-653. 4. Where a township treasurer lent a larger sum than that prescribed by this section before the amendment of 1905, and took a promissory note there- for, it "was held that such excess did not render the note void. The obvious intent of the statute is to protect the school funds and the interest of the public therein. It must, therefore, be construed with that intent in view. Edwards v. Trustees of Schools, 30A-528. 5. Where money belonging to one district is paid to another, the school directors of the latter can not refuse to receive the money thus ordered by the trustees to be paid to them; by receiving it, they do not become liable to an action by another district claiming it. If the district to which the money should have been paid has any action, it must be against the trustees of the township. School Directors v. School Directors, 36-140; School Directors v. School Directors, 105-653. 6. The treasurer is appointed by the board of trustees, and it is made his dntj to lend school moneys, to collect, to safely keep funds, and discharge other duties prescribed by the statute. While an officer appointed by the board of trustees, his duties are prescribed by the statute and no power can authorize him to neglect or violate those duties. There is a certain super- visory conti'ol exercised by the board of trustees in pursuance of the statute. The treasurer must account semi-annually to the trustees, and lay before them all books, notes, bonds, mortgages and all other evidences of indebted- ness belonging to the township. Trustees of Schools v. Southard, 31A-359. 7. If at the time a loan is made the treasurer acts in good faith, and with due caution and circumspection, and acting on his own judgment believes that the mortgaged premises are worth fifty per centum more than the loan, he will not be liable. This rule and doctrine finds support in decisions of the supreme court, in cases similar to this, wherein the duties of officers in tak- ing security is fully explained and defined, and also the acts and omissions of the officer with respect thereto, which create liability upon his official bond. Board of Trustees v. Baker, 34A-620. 8. The provision of the statute fixing the amount of the security is com- plied with by the officer lending the money, if, acting on his own judgment and information, and in good faith, he lends the money, believing at the time, the land mortgaged is worth fifty per centum more than the amount of the loan. But the condition is added, that he must act with due caution and 63 ■circumspection and must avail himself of sources of information accessible to him to aid in arriving at a correct estimate of the value of the land offered as security. Ibid. 9. It is the duty of the tow^nship treasurer under this section, when he lends money, to secure the loan by a mortgag-e on real estate, which at a fair and i-easonable cash value, is worth fifty per centum more than the amount loaned and he must resort to all accessible means of information to satisfy himself that the title to the land is in the mortgagor and is unincumbered. The title must be such that a prudent and careful man would not hesitate to invest his money in it. If the treasurer neglects to do this, then the loan is not authorized by law, and he is, in legal contemplation, guilty of violating official duty, [f he violated the law in lending the money, and thus incurs liability, it is for the illegal loan, and necessarily the liability accrues as soon as the illegal act is done. People v. Haines, 10-528. § 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, hoivever, 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 mort- .gagor (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. 1. The statute clearly and explicitly imposes upon the treasurer the duty of making loans of such funds, upon request of the directors, and commands him to take a certain kind and amount of security. He cannot relieve him- •self of liability for a neglect of that duty by following the directions of a "body of officers having no authority to give such directions. Board of Direc- tors V. Baker, 34A-331. § 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, and all data by which a full understanding of the condition of the funds may be obtained. The county superin- tendent 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 hereby ^rant, convey and transfer to the trustees of schools of township 64 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 I 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 I do hereby covenant to pay the above sum of money in years f rora the date hereof, and to pay the interest on the same annually, at the rate afore- said. T 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 the 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 of the premises. And it is further agreed 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 mortgagor will pay a reasonable solicitor's fee, and the same shall be included in the decree and be taxed as cost; and we, A. B., and C. , vrife 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 consideration 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 afore- said. In testimony whereof, we have hereby set our hands and seals this day of 19 ... . A B (Seal) C D (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 acknowledgement 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 recovered 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 improvement 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: 1. Where lands are first offered by the Master in separate parcels, and there being no bidders, the lands may then be sold en masse. Van Valkenberg V. Trustees of Schools, 66-103? § 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 the proof be made of the said requisition. 65 1. The provisions of this section enter into every contract of loans made under the statute, and constitute, so far as applicable, as much a part of the mortgage as if expressly incorporated into it. It is apparent that the in- tention of section 9 is to make the original debt become due, for all the pur- poses of any remedy for its collection, immediately upon failure to comply with the requirement to give additional security. The authority to require such additional security is given by statute. When requisition for additional security is made and not complied with, a bill will lie to foreclose such mort- gage. Board of Trustees v. Da/mdson, 65-124. § 10. In the payment o£ debts by executors and administrators, those due the common school or township fund shall have a prefer- ence over ail 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. 1. When the principal debtor to the township fund dies, it is the duty of the treasurer to present the note, on the day appointed by the administrator for the adjustment of claims and have it allowed against his estate. If this resource be unavailing, it is the duty of such officer to institute suit, if nec- essary, against the two responsible sureties to recover the amount of the prin- cipal and interest due upon the note. For neglect or refusal to perform this duty, the treasurer becomes liable therefor upon his official bond. McHaney V. Trustees of Schools, 68-140; House v. Trustees of Schools, 83-368; Cxirry v. Mack, 90-606. § 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 from the day of default, which interest shall be included in the as- sessment of damages; or in the judgment in the suit or action brought upon the obligation to enforce payment thereof, and interest as aforesaid may be recovered in action brought to recover interest only. The said township treasurer is hereby empowered to bring ap- propriate actions in the name of the board of trustees, for the recov- ery 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 hundred dollars. 1. The interest charged at the rate of twelve per centum, per annum, for not paying school money borrowed, when due, is in the nature of a penalty, and cannot be recovered upon a declaration in the ordinary form, upon the note, but a special averment should be inserted, claiming the penalty. Ham- ilton V. Wright, 3-582; Trustees of Schools v. Bibb, 14-371; Pearsons Y.Hamilton, 14-415; SeTyton v. School Commissioner, 19-51. 2. This penalty is not assignable. It is given by the statute for wrongfully withholding money due the school fund, and is not a part of the contract contained in the bond or mortgage given to secure the money loaned. It cannot be recovered upon an ordinary declaration counting upon the contract, but a special count is required, claiming the penalty as given by the statute. Bradley v. Snyder, 14-263. -5 S L § 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 sees proper, forever be con- sidered as principal in the funds to which it belongs, and loaned as such. 1. All moneys that come into the hands of the treasurer, as such, must necessarily be and remain there, in contemplation of law and in the real sense of the bond, as to the obligee, and for all purposes, until they are ac- counted for by some act or fact which leg-ally discharges him from liability for them. Where they have thus come during a former term, and have not been so accounted for, they must have come thence into his hands as treas- urer for the one succeeding. Trustees of Schools v. Peak, 43A-50. 2. As a general rule, money in the custody of the law, or in the hands of an officer of the law, is not liable to be reached by garnishee process. Money in the hands of school directors or their treasurer, is not liable to garnish- ment. The reason is that the money or property is in the custody of the law, and while it so remains it is not the property of the debtor, to satisfy whose debt the process is instituted. Nor is such officer his debtor. While the money is in the hands of the officer the law may control it, and prevent- ing its ever reaching the hands of the person whose debt is thus sought to be satisfied. MllUson v. Fish, 43-112; Bivens v. Harper, 59-21. § 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 amount 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 indedtedness 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 an- nual election, a complete exhibit of the fiscal affairs of the township, 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 15th in each year, make out for each district or part of district in the township, a statement or exhibit of the exact condition of the account of such district or part of district, as shown by his books on April 1 and June 30 of each year; which 67 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 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 comply 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 officer 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 direc- tors thereafter, to cause a copy thereof to be posted up at the front door of the building where such election is held. § J 7. For a failure on the part of the treasurer, clerk of any board of directors, or any director, to comply with any of the requirements of the preceding sections of this article, he shall be liable to a penalty of not less than $5 nor more than $50, 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 record of such endorsement. Such order shall thereafter draw in- terest at the rate of seven per cent per annum until paid, or until the treasurer 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 payment, and such order shall draw no interest after the giving of said notice to said clerk of the board. (As amended by an act ap- proved 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 pu- pils are transferred by the directors from one district to another. 68 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 bound- aries 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 time such change was made. Tenth — To file and safely keep all poll-books and returns of election 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 by 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 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 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 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. J 1. This section is highly penal, and to render trustees liable, the provisions of the statute must be literally fulfilled. Such statutes are strictly construed, and there can be no liability incurred under this section until the act is re- quired or ordered by the trustees, and the order signed as required. Loving- ston V. Board of Trustees, 99-564. 2. Where a township treasurer releases a mortgage given to secure an indebtedness due the principal of the township fund, w^ithout an order from the board of trustees, entered upon its journal and attested by its president and clerk, he will be liable upon his official bond for any loss sustained in consequence thereof. Board of Trustees v. Misenheimer, 78-23. § 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, bond, mortgages and all other securities for money, and alt papers and documents, of every description, in which the corporation has any lawful interest whatever; and, in case of the death of the 69 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 (30) dollars nor more than one hundred (100) dollars, at the discretion of the court before which judgment may be obtained, 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 payment of such judgment shall in no wise discharge or diminish the obliga- tion of the persons signing the official bond of such township treas- urer. 1. When a delinquent treasurer goes out of olfice and retains moneys which he received by virtue of his office, and refuses to pay the same to his suc- cessor in office, a right of action is created thereby in favor of the board of trustees, and against the delinquent and his sureties on his official bond, w^hether an apportionment or division of the fund has been struck or not among the various districts of the township. And when an apportionment has been made to the several districts, it is not necessary that the board should sue to the use of the districts. The money recovered would be held in trust for the districts entitled to the same, according to the apportionment. Trustees of Schools v. Stokes, 3A-267. § 22. The township treasurers shall receive in full, for all serv- ices rendered by them, a compensation to be fixed, prior to their election, by the board of trustees. 1. This section, in express terms, prohibits any extra pay for the perform- ance of any duty imposed by the statute. Lovingston v. Board of Trustees, 99-564. 2. Where a school treasurer is permitted to retain two per centum of all moneys paid out, this means for the current year. A treasurer cannot con- tinue from year to year to pay out the revenues in his hands, including his own commission, whether as a gratuity or from ignorance of his rights in the premises, and then on becoming better informed as to his rights, break in on the revenue raised for the support of the public schools of the current year for back salary. Bunn v. The People, 32A-410. Article V. BOARD OF DIRECTORS. 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. (As amended by an act approved June 1, 1889.) § 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. 70 1. The board of school directors, though a corporation, are possessed of certain specially defined powers, and can exercise no others, except such as result, by fair implication, from the powers granted. Glidden v. Hophins, 47-535; Wells v. The People, 71-532; Peers v. Board of Education, 72-508; School Directors v. Fogleman, 76-189. 2. The powers of school directors are limited to those expressly granted, or such as result by necessary implication from those granted. Stevenson V. School Directors, 87-255. 3. The duties of school directors are derived exclusively from the statute, are specifically defined, and if they excercise powers and functions not con- ferred upon them, the statute has made them responsible for all losses that may ensue. Adams v. State of Illinois, 82-132; Sharp v. Smith, 32A-336. 4. Directors can exercise only such powers as may be given by law, and such a,s results from fair implication from such powers, and if they exceed such powers and do an act expressly prohibited by law, their action is void. Wells V. The People, 71-532; Stanhope v. School Directors, 42A-570. 5. The statute prescribes the duties, and defines the powers of a board of school directors, in terms clear and explicit, and that body can exercise no other powers than those expressly granted, or such as may be necessary to carry into effect a granted power. School Directors v. Wright, 43 A- 270. 6. One board of school directors has no power under our school law to make contracts wholly to be carried out in the future, to divest future boards of the power to select the teachers they shall desire, for the terms to be com- menced after their organization. School Directors v. Ann Hart, 4A-224. 7. Directors cannot be permitted, five days before the current school year expires, to hire a teacher, perhaps obnoxious to the people of the district, to teach a term of school extending three months or nearly so into the ensuing school year. Cross v. School Directors, 24A-191. 8. School directors have no power to make contracts for the employment of teachers for terms to commence beyond the expiration of the current school year. There is no objection to contracts for the teaching of terms ex- tending for a reasonable time beyond the current school year, when such con- tracts are entered into in good faith, and not for the purpose, merely, of forcing upon the district an unsatisfactory teacher or defeating the will of the voters at the annual election. Stevenson v. School Directors, 87-255. 9. The statute requires an annual reorganization, and the intention of the statute is that the board organized for the school year shall exercise the powers and control the schools of their district during that year. Davis v. School Directors, 92-293. 10. It becomes manifest that if, just before the school year ends, two directors were to employ teachers and make all contracts of every kind for the ensuing year, against objections of the other director, and one of those making such contract should not be re-elected, and his successor was opposed to all of the contracts thus made, the school and the affairs of the district would, during the year, be governed and controlled by but one director. To suffer such contracts to be made would take the control of the affairs of the district from the board organized and empowered to control the schools of the dis- trict, and thus by this means thwart the object and evident intent of the statute. Ibid. 11. The persons assuming to act as directors of a district are the only par- ties that need to be brought before the court to test the validity of the organ- ization of the district. Chessire v. The People, 11-493. 12. The acts of officers de facto are as valid and effectual where they concern the public or the rights of third persons, as though they were oflicers dejure. School Directors v. Tingley, 73A-471. 13. The presumption in regard to school, as well as all other public officers, when assailed collaterally, is, that they are lawful until the contrary is clearly established; and a court can indulge in no presumption of irregularity except where it is expressly agreed to exist. People v. Newben-y, 87-41. 71 14. Where there is but one office, there can not be an ofScer dc jure and an oflBcer de facto, both in possession of the office at the same time. Where one rightfully entitled to the office, is discharging- its functions and actually in possession, the acts of another obtruding himself into the office are void. School Directors v. National School Furniture Company, 53A-254. 15. Where a judgment is obtained by fraud, a court of equity will restrain its collection. But where the debt on which the judgment is based is a valid one, when the party obtaining the judgment has acted in good faith and obtained service on one acting as clerk for the only board really acting as directors, a court of equity should not interfere. Ihid. 16. A school district cannot recover from another district, which has col- lected taxes upon lands within the former through a mistake of the olerk as to the location of the lands, a greater sum than it has levied and would have collected had there been no mistake. Walser v. Board of Education, 160-372; Board of Education v. Board of Education, 57A-288, affirmed. 17. A school district which has collected its full tax levy cannot recover from another district taxes collected by it upon lands within the former through a mistake of the clerk as to the location of the lands, although the rate per centum of the tax as extended in the former was thereby made greater than it otherwise would have been. Ibid. 18. Tax-payers in one school district who voluntarily pay a tax levied by mistake upon their lands, to another district, cannot recover back the same, vphere the books were kept open and means of knowledge of all the facts existed, although they supposed they were paying the tax of the district in which their lands lay. Ibid. 19. A contract for a school building, signed by the individual directors of the district, is the obligation of the district, where the contract recites that the board of directors is the party of the second part, that the parties have hereunto set their hands, and it is stipulated that the contractor completed the building for the district and that it was accepted by the board. Wabash Railroad Company v. The People, 202-9. 20. The fact that there is money in the treasury of a school district which may be applied to building a school house, adds nothing to the power of the directors to make a contract for the building, where it is not shown that such money was applied to or set apart for that purpose. Ibid. 21. The directors of school districts are by statute declared to be bodies politic and corporate. They are invested w^ith corporate powers for a few specific purposes. Where there is a school district de facto, and school directors elected for it, and they proceed to build a school house, and a tax is levied for the purpose of paying for the school house, such school directors are officers de facto by color of election, and are exercising an office to which the power to levy a tax is incident. Trumbo v. The People, 75-561. 22. Where a school district is formed in violation of statutory provisions, the legality of the formation of such district can not be enquired into in a collateral proceeding The only mode in which the illegality can be taken advantage of, is by information in the nature of a quo warranto. People v. Newberry, 87-41; Remvick v. Hall, 84-162; People v. Trustees of Schools, 111-171. 23. In a proceeding by information in the nature of a quo warranto where school directors are called on to show by what warrant they exercise the func- tions of their office, they are bound to exhibit good authority for acting as such officers. It is not enough to allege generally that they were duly elected to office; it is necessary to state particularly how they were elected, and hovr the school district, of which they claim to be directors, has been formed. Carrico v. The People, 123-198. 24. A change in a school district can not ordinarilj'^ be questioned collater- ally. A much stricter rule prevails in a direct proceeding questioning the corporate existence of the body and its right to exercise corporate functions. An information in the nature of a quo warranto is the proper remedy to test the legality of the formation of a school district. School Directors v. School Directors, 135-464. 72 25. That a school house site has been selected, contracts for work and materials made, bonds issued and sold and a teacher engaged does not ope- rate as an estoppel against a proceeding by information in the nature of a quo warranto against school directors to test the legality of the organization of the district, where it does not appear that the bonds were sold or the money expended before the filing of the information, and the hiring of the teacher was after that time. Mason \. The People, 185-303. 26. After a considerable lapse of time public policy forbids that discretion- ary writs like those in quo warranto and ceHiorari should be granted. Where more than fire years have elapsed since the formation of a district, and dur- ing that time the majority of the people in the district had the power to change it, if they saw^ proper, it is better, through the proper school officers, to reorganize the districts, if it is desired, as they were before, than to open up an indefinite field of strife and litigation by nullifying the action of the trustees and thereby declaring eyerything done pursuant thereto illegal. People T. Boyd, 30A-608. 27. Under our form of government all power emanates from the people. The right to inquire into the authority by which any person assumes to exer- cise the functions of a school office, belongs to the people as a part of their sovereignty. In the quo warranto proceeding the people are the plaintiffs, whether upon the relations of a third person, or not. The rule that, where a new right and a remedy for its invasion are conferred by the same statute, parties injured are confined to the statutory redress, does not apply to the people. Snowball v. The People, 147-260. 28. Because the statute provides a mode of contesting elections in the county court, it does not follow that the people, in their sovereign capacity, are thereby precluded from inquiring by information in the nature of a quo warranto into usurpations of office. The two remedies are distinct, the one belonging to the elector in his individual capacity as a power granted, and the other to the people in the right of their sovereignty. Ihid. 29. A board of directors cannot maintain a suit to compel a deed for a school house site. Such suit can be brought only in the name of the school trustees, who, as a quasi corporation, have the entire control of such matters. The school directors, as such, cannot interfere and have no such interest in the subject. A suit for such purpose could only be maintained in the name of the trustees of schools, or in the name of some tax-payer or other person having a pecuniary interest in the matter, by showing that the trustees re- fused to perform their duty. The law invests the school directors with no such interest. Wilson v. School Directors, 81-180. 30. Where a contractor accompanies his bid for the performance of certain work for a board of education w^ith a deposit of a sum of money under an understanding and agreement to forfeit the sum so deposited in case of his neglect or refusal to enter into a contract to do the w^ork, and writhout any default on the part of the board of education, he fails to execute the contract agreed bo be made, he cannot recover the money so deposited, and the board of education may rightfully declare the same forfeited to its own use. Robinson v. Board of Education, 98A-100. 31. It is a fraud upon the rights of the people of a district for the directors to allow a decree to be entered against the district without interposing any defense, and no one of the board of directors should be allowed to profit by a fraudulent act. When they assume the position of school directors, they have no right to allow private interests to conflict with public duty. Equity and good faith require them to defend and protect the property of the district to the best of their skill and ability, regardless of any and all private interests which they may have, and when they fail to do this, they prove recreant to their trust, and their acts cannot be upheld in a court of equity. Noble v. School Directors, 117-30 32. It is true that a defendant that has been negligent, and allowred a judgment to be rendered against him through his laches, cannot come into court and obtain relief as against his own negligent acts. But the principle which precludes a negligent party from obtaining relief, has no application 73 to a case of this character. Here, oiBcers intrusted with the rights of the public have disregarded their trust, and suffered the district to be defeated in their own private interests. Ibid. § 3. Any person, male or female, married or single, of the age of 21 years and upwards, who is a resident of the school district, and who is able to read and write in the English language, shall be eligi- ble 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 mem- ber 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. 1. A person cannot be legally elected to the office of school director for a district in Illinois by persons voting for him in some other state. The right of an elector to vote outside of the State for an office within the State, is not recognized by either our Constitution or statute. Both require that he shall hare resided in the State one year, in the county 90 days, and in the district where he seeks to cast his vote 30 days. School Directors v. National School Furniture Company, 53A-354. § 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. Notice of all elections in organized districts shall be given by the directors at least ten days previous to the day of said election. Said notice 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 the polls, and the question or questions to be voted on. 1. Where notice of an election for several purposes is given, it will be held to be sufficient if there is no doubt as to its meaning. Merritt v. Ferris, 22-303. § 9. Should the directors fail or refuse to order any regular or special election, as aforesaid, it shall be the duty of the townshii^ 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 yalid the same as if ordered by the directors. § 10. Two of the directors ordering such election shall act as judges, and one as clerk of such election. But if said directors or 74 any of them shall fail to order an election, to attend to 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 appointment for said election, the said directors or judges shall be of the 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 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. 1. The provisions of the statute as to the manner of conducting the details of an election are not mandatory, but directory, and irregularities in con- ducting an election and counting the votes, not proceeding from any wrong- ful intent, and vehich deprive no legal voter of his vote and do not change the result, will not vitiate the election. Acherman v. Haenck, 147-514. 2. A woman under the age of twenty-one is not entitled to vote at a school election. Collier v. Anlicker, 189-34. 3. A vote cast by a foreign-born woman whose husband was never natur- alized, and who has not been naturalized herself, is illegal. Ibid. 4. The statutory requirements of residence of one year in the State, ninety days in the county and thirty days in the election district, apply to w^omen voting at school elections. Ihid. 5. Persons who have not resided in the county where a school district is situated, for ninety days preceding the election for school director, are not entitled to vote. Ibid. 6. Removal for several months, when no residence is acquired, does not forfeit residence for the purpose of voting. Ibid. 7. The fact that a citizen and legal voter of this State is temporarily en- gaged in business in another State does not deprive him of the right to vote here. Ibid. 8. The registration law does not embrace school elections or elections other than those within its terms. Bloome v. Hograeff, 193-195. 9. If a legal voter is challenged upon some ground which does not go to his qualification as a voter, such voter is entitled to vote without making an affidavit. Ibid. 10. The statute provides that whenever any person oifering to vote is not personally knowm to the judges of election to have the qualifications of a voter, he shall make and subscribe an affidavit and furnish the affidavit of a witness in the forms given in such statute. If they refuse to permit a person to vote and require him to make an affidavit, although, as a matter of fact, he may be known to them, he is not relieved from the necessity of making the proof required by the statute. Ibid. 11. If there is no difficulty in determining for whom qualified voters at- tempted to vote and the proper result can be reached with certainty, such votes should be counted on contest, and the entire election is not to be set aside even though the ballots cast by such voters were not allowed to be deposited in the ballot box but were placed by themselves in another recep- tacle, and preserved, sealed up and produced on the contest as rejected ballots. Ibid. § 11. In case of a tie vote, the judges shall decide it by lot on the day of election. 75 § 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. 1. Ballots are the best evidence of the result of an election if it appears that they have been preserved in the manner and by the officers prescribed in the statute, and have not been so exposed to the reach of unauthorized persons as to afford a reasonable probability of their having been changed or tampered with. Collier v. Anlicker, 189-34. 2. The returns of the judges of an election cannot be accepted as conclu- sive of the result of an election v^^here they show that more votes were cast than there were names on the poll-list, which is in evidence, since such fact shows a failure on the part of the judges to comply with the election law. Ibid. 3. If the evidence is such as to discredit, to some extent, both the ballots and the returns, the true result must be determined both from the returns and the ballots and all the circumstances in the case. Ibid. § 13. In case of a union district, made up of parts of two^'or more townships, the poll-books 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 twenty-five (25) dollars nor more than one hundred (100) dollars to be recovered in the name of the People of the 8tate 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 number president, and another of their number clerk of such board of directors. 1. The statute requires an annual reorganization, and the intention of the statute, is that the board organized for the school year shall exercise the powers and control the schools of their district during that year. Davis v. School Directors, 92-293. 2. It becomes manifest that if, just before the school year ends, two directors were to employ teachers and make all contracts of every kind for the ensiling year, against objections of the other director, and one of those making such contract should not be re-elected, and his successor was opposed to all of the contracts thus made, the school and the affairs of the district would, during the year, be governed and controlled by but one director. To suffer such contracts to be made would take the control of the affairs of the district from the board organized and empowered to control the schools of the district, and thus by this means thwart the object and evident intent of the statute. Ibid. § 16. Two directors shall be a quorum for business. 1. Where an honest and reasonable effort has been made to notify the ab- sent director, though unavailing, the other two may legally act. School Di- rectors V. Sprague, 78A-390; Adkins v. Mitchell, 67-511. § 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 76 clerk, and shall be submitted to the township treasurer for his in- spection and approval on the first Mondays of April and October, and at such other times as the township treasurer may require. 1. The statute does not make the record kept by the clerk the only evi- dence of the action of the directors, and unless the law expressly and imper- atirely requires all matters to appear of record, and makes the record the only evidence, parol proof is admissable to prove things omitted to be stated on the record. School Directors v. Kimmel, 31A-537. § 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 members. § 19. No official business shall be transacted by the board except at a regular or special meeting. 1. Under this section a board of directors has no power to employ a teacher except at a regular or special meeting, convened and held as required by law. School Directors v. Jennings, lOA-643; Stewart v. School Directors, 24A-229; Robinson v. School Directors, 96A-604. 2. Where there is no formal notice of a meeting, but the directors agree to meet the morning of a certain day, that is sufficient. If there was an agree- ment of all the directors to meet, no formal notice was necessary. Olney School District v. Christy, 81A-304. 3. The statute provides that no official business of the board shall be transacted except at a regular or special meeting. Yet where the directors meet specially for the purpose of considering the matter of hiring a teacher, the fact that they proceeded informally and make no record, should not af- fect the validity of what they do, so far as the teacher is concerned. Pollard V. School District, 65A-104; Robinson r. School Directors, 96A-604. 4. A regular meeting is one held at a designated time, but a special meet- ing may be held as occasion may require, on the call of the president or of two members. No business can be transacted unless at a regular or special meeting, but a special meeting may be held on call. It is not provided what notice shall be given in a case of a special meeting, and the law would imply reasonable notice. Plainly the object of this provision ia that every member may be notified when business will be in order. People v. Frost. 32A-242. 5. Reasonable notice vrould be necessary to require attendance at a special meeting, yet if the notice were unduly short, and the members so notified chose to waive the objection, they might do so and the meeting would be good; and so if the members all came togethei with no previous intention of transacting business, it would be competent for them, upon suggestion and by mutual agreement, to proceed to hold a meeting and transact any official business they might deem necessary. Ibid. 6. It is a matter of common knowledge, that formerly persons would call on the directors severally and procure contracts purporting to bind the dis- trict without the joint or concurrent action of the members constituting the board. To correct this evil, section 19, article 5 was enacted, providing that no business should be done by the board of directors, except at a regular or special meeting. But the language of this section does not have reference to the particular manner in which special meetings may be called, but as a pro- hibition upon doing business by the members of the board of directors, unless a meeting is assembled. Lawrence t. Traner, 136-474. § 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. 77 § 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 having the custody of the funds of such district, such statistics and other information in relation to the schools of his respective district as 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. § 23 No director shall be interested in any contract made by the board of which he is a member. 1. Where bonds are issued by a board of directors, and a portion of them are sold to members, such bonds are void and a tax cannot be leg-ally levied to pay interest thereon; the directors have no povs^er to purchase them from a board of which they are members, and a tax levied to meet the interest on them may be enjoined. Sherlock v. Winnetka, 59-390; Sherlock v. Winnetka, 68-530; Hewett v. Board of Education, 94-528. 3. The statute absolutely prohibits a director from being interested in any contract made by the board of which he is a member. This embraces every contract, whether express or implied, by virtue of which money may be drawn from the treasurer; and it cannot be evaded by appropriations or pay- ments from the treasurer for labor performed, or materials furnished for the benefit of the district, on the pretext they were performed or furnished with- out any contract, but being beneficial to and enjoyed by the districts, should be paid for as a matter of justice. Both the letter and the spirit of the law forbid that directors shall, in any wise, whether directly or indirectly, open or covertly, become interested in demands or claims, originating while they are directors, to be satisfied by payments from the funds of their districts; and this construction must be rigidly enforced by the courts, without regard to the moral or equitable considerations that may urge a different policy in particular cases. School Directors v. Parks, 85-338. § 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 offiending 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 district — First — At the annual election of directors to make a detailed report 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 days after their employment, the full names of all persons employed as teachers, the date of the beginning and the end of their contract. 78 Third — To provide for the necessary revenue to maintain free schools in their district in the manner provided for in article 8 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 sufficent number of free schools for the accommodation of all children in the district over the age of six ((5) and under twenty-one (21) years, and shall secure for all such chil- dren the right and opportunity to an equal education in such free schools. 1. If any child is actually dwelling' in any school district so that some per- son there has the care of it, and it is within the school age, and not incapable by reason of physical infirmity, of attending school, and is not instructed elsewhere, then that child must go to the public school. Board of Education V. Lease, 64A-60. Sixth — To adopt and enforce all necessary rules and regulations for the management and government of the schools. 2. The directors undoubtedly have the power to make and cause to be en- forced all reasonable rules and regulations for the government of schools in their respective districts. What are reasonable rules, is a question of law for the court, to be determined in view of the facts in each particular case. Thompson v. Beaver. 63-357; Roberson v. Trouett, 17A-386. 3. Under the power to prescribe necessary rules and regulations for the management and government of the school, the board of directors may, un- doubtely, require classification of the pupils with respect to the branches of study they are steadily pursuing, and with respect to proficiency or degree of advancement in the same branches; and that there shall be prompt attend- ance, diligence in study, and proper deportment. Trustees of Schools v. The People, 87-303. 4. In the performance of their duty in carrying the law into effect, the directors may prescribe certain rules and regulations for the government of the schools in their district, and enforce them. But all such rules and regu- lations must be reasonable. The law having conferred upon each child of proper age the right to be taught the enunaerated branches, any rule or regu- lation which, by its enforcement, would tend to hinder or deprive the child of this right cannot be sustained. All rules must be adapted to the promo- tion and accomplishment of this grand and paramount object of the law. Rulison V. Post, 79-567. 5. While school directors and board of education are invested with power to establish, provide for, govern and regulate public schools, they have no authority to exclude children from the public schools on the ground that they refuse to be vaccinated, unless, indeed, in eases of emergency, in the exer- cise of the police power, it is necessary, or reasonably appears to be neces- sary, to prevent the contagion of small-pox. Potts v. Breen, 167-67; School Directors v. Breen, 60A-201, affirmed. 6. Children infected with or exposed to small-pox may be temporarily excluded or the school temporarily suspended; but such power is justified by emergency, and, like the necessity which gives rise to it, ceases when the 79 necessity ceases. No one would contend that a child could be permanently excluded from a public school because it had been exposed to small-pox or that the school could be permanently closed because of the remote fear that the disease of small-pox might appear in the neighborhood, and that if the school should then be open and children in attendance upon it the public would be exposed to the contagion. Ibid. 7. A rule that would bar the doors of the school house against little chil- dren who had come a great distance in the cold of winter, for no other reason than that they were a few minutes tardy, is unreasonable, and therefore un- lawful. In its practical operation it amounts to little less than wanton cruelty. Thompson v. Beaver, 63-353. 8. A rule that caused a child, who arrived at school age only 31 days after the fall term commenced, to lose the benefits of the free school, not only during the remaining months of that term, but also during the whole of the following winter term, w^as not a reasonable one or calculated to promote the objects of the law. Board of Education v. Bolton, 85A-92. 9. A rule requiring all pupils to bring w^ritten excuses from their parents to teachers for absence, and that such excuse must be satisfactory and reason- able, otherwise they w^ill not be granted, is not a hard or harsh one. It does not of itself indicate any sinister purpose or wicked force on the part of the directors. It does not trench on the rights of any one. This rule is not an attack upon, or an abridgement of the inalienable rights of a citizen. Churchill v. Fewkes, 13A-520. 10. A rule adopted by the State Board of Health compelling the vaccina- tion of children as a pre-requisite to their attending the public school is un- reasonable where small-pox does not exist in the community and there is no reasonable cause to apprehend its appearance. The power to compel the vaccination of children as a pre-requisite to their attending public schools could only be derived from the general police power of this State, and can only be justified as a necessary means for preserving health. Lawbaugh v. Board of Education, 177-573; Lawbaugh v. Board of Edvxiation, 66A-159, reversed. 11. In an action of trespass brought by a pupil against a teacher to recover damages for injuries resulting from an alleged assault and battery, the burden of proof is upon the teacher, not only to show that the punishment w^as nec- essary, but that it was not excessive or unreasonable. Swigart v. Ballou, 106A-226. 12. Where there is a sharply controverted question of fact, whether a pupil has committed an offense justifying the teacher in whipping him, and a still more sharply controverted question of fact whether, if the teacher was justified in administering the whipping, the punishment was excessive, it is important that the jury be accurately instructed. Ibid, 13. The general principle is established by an almost uniform course of de- cisions, that a public officer, when acting in good faith, is never to be held liable for an erroneous judgment in a matter submitted to his determination. All he undertakes to do, is to discharge his ofl&cial duty to the best of his ability and with integrity; that he may never err in his judgments, or that he may never decide differently from what some other persons may think would be just, is no part of his official undertaking. Churchill v. Fewkes, 13A-520. 14. A mere mistake in judgment, either as to their duties under the law, or as to facts submitted to them, ought not to subject such officers to an action. They may judge wrongly, and so may a court or other tribunal, but the party complaining can have no action when such officers act in good faith and in the line of what thej- think is honestly their duty. Any other rule might work very great hardships to honest men who, w^ith the very best of motives, have fairly and faithfully endeavored to perform the duties of these inferior offices. They are considered inferior offices, yet they are of the ut- most importance to the public. Ibid. 15. Where a teacher accepted an appointment subject to the requirements, rules and regulations of a board of directors, the teacher was bound by such rules and regulations, and a rule in force when such contract was made, that 80 the directors might require teachers employed by them to teach in any de- partment bhat, in the judgment of the board, the best interests of the schools might demand, was as much a part of the contract, and as binding on the teacher, as if such rule has been vpritten at length in the contract before it was signed by her. City of Jacksonville v. Akers, llA-393. 16. The authority of a teacher over his pupil being regarded as a delega- tion of at least a portion of the parental authority, the presumption is in favor of the correctness of the teacher's action in inflicting corporal punish- ment upon the pupil. The teacher must not have been actuated by malice, nor have inflicted the punishment wantonly. For an error in judgment, al- though the punishment is unnecessarily excessive, if it is not of a nature to cause lasting injury, and he acts in good faith, the teacher is not liable. Fox V. The People, 84A-270. 17. In the direct performance of the duties imposed by lavr upon school directors, they must exercise judgment and discretion. What rules and reg- ulations will best promote the interests of the school under their immediate control are matters left to the determination of the directors and must be set- tled from the best lights they can abtain from any source, keeping always in view the good of the school. Good order can only be maintained from en- forcing discipline, and that power is largely committed to the directors. They have the power of suspension or expulsion, and they may exercise that power as a means of discipline for the causes mentioned in the statute. That implies declaration and decision on the part of the directors or, as it is some times expressed, they act judicially in a matter involving discretion in rela- tion to the duties of their office. McCormick v. Burt, 95-363. 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 salaries. 18. There is no contract between a teacher and pupil. The only contract a teacher can have is with the directors. It is from them he receives his em- ployment and pay as a teacher. Stuchey v. Churchman, 3A-584. 19. One board of school directors has no power under our school law to make contracts wholly to be carried out in the future, to divest future boards of the power to select the teachers they shall desire, for the terms to be com- menced after their organization. School Directors v. Ann Mart, 4A-224. 20. Directors cannot be permitted, five days before the current school year expires, to hire a teacher, perhaps obnoxious to the people of the district, to teach a term of school extending three months or nearly so into the ensuing school year. Cross v. School Directors, 24A-191. 21. School directors have no power to make contracts for the employment of teachers for terms to commence beyond the expiration of the current school year. There is no objection to contracts for the teaching of terms ex- tending for a reasonable time beyond the current school year, when such con- tracts are entered into in good faith, and not for the purpose, merely, of forcing upon the district an unsatisfactory teacher or defeating the will of the voters at the annual election. The spirit and intent of the law are clearly repugnant to the idea that one board of directors may, by contracts to be carried out wholly in the future, divest future boards of directors of the power to select the teachers they shall desire, for the terms to be commenced after their org-anization. Stevenson v. School Directors, 87-255. 22. It becomes manifest that if, just before the school year ends, two di- rectors were to employ teachers and make all contracts of every kind for the ensuing year, against objections of the other director, and one of those making such contract should not be re-elected, and his successor was oppos- ed to all of the contracts thus made, the school and the affairs of the district would, during the year, be governed and controlled by but one director. To suffer such contracts to be made vpould take the control of the affairs of the district from the board organized and empowered to control the schools of the district, and thus by this means thwart the object and evident intent of the statute. Dcwis v. School Directors, 92-293. 81 23. Where a special charter makes it the duty of a board, of directors to establish a system of graded schools, such directors have the authority to ap- point a siiperintendent of the graded schools of such city, and pay him a rea- sonable salary for his services. Where there are ten teachers, in different rooms, and over 800 pupils, a general superintendent is necessary to the work- ing of the systemi, and the power to appoint and pay this officer must be con- sidered as given by necessary implication. Spring v. WriyJit, 63-90. Ninth — The directors shall direct what branches of study shall be taught, and what text books and apx)aratiis shall be used in the sev- eral schools, 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. 24. No particular branch of study is compulsory upon those who attend school, but schools are simply provided by the public in which prescribed branches are taught, which are free to all within the district between certain ages. Trustees of Schools v. People, 87-303. 25. This clause is the only provision of the school law which confers the power or duty to specifically direct what branches of study shall be taught and what text books or apparatus shall be used in the several schools, pre- scribing uniformity of text books, but limiting the right to change textbooks oftener than once in four years. People v. Board of Education, 175-9. 26. Boards of education derive this power because it is primarily conferred upon boards of directors, and by the general provisions upon boards of edu- cation. This being true, boards of education must be also subject to the re- strictions imposed by the statute. The reason for prohibiting the cliange of text books oftener than once in four years undoubtedly was to save expense to parents of small means. Besides, it was regarded as detrimental to the pupils to change their text books too frequently. Ibid. 27. If necessary to limit changes in districts under school directors, the reason holds equally good in cities and villages in districts under boards of education. The statute prohibiting the change of text books oftener than once in four years must be held to apply to boards of education in school districts having a population of more than 1,000 inhabitants. Ibid. 28. Graded writing or copy-books, with printed forms and texts scientifi- cally arranged, with printed instructions to each pupil in each book and with a manual of instruction for the teachers, are text books for penmanship instruction, within the meaning of the act prohibiting changes of text books oftener than once in four years. Ibid. 29. The directors have no power to expel a pupil from school, its privileges and benefits, because, under the direction of her parents, she refuses to study book-keeping, as it is not one of the branches enumerated in the statute, and is one her parents have the option to have taught her. The directors having* no such power, they cannot expel such pupil from the benefits and privileges of the school for a refusal to comply with this requirement. Rullson v. Post, 79-567. Tenth — The directors shall have power to purchase, at the expense of the district, a sufficient number of the text books used, to supjoly children whose parents are not able to buy them. The text books bought for such purposes shall be loaned only, and the directors shall require the teacher to see that they are x^roperly cared for and re- turned at the end of each term of school. 30. It is a general rule that an attempted enumeration will limit the general terms. Upon an examination of the school law applicable to the various classes of districts it is found that the Legislature has most carefully limited the powers of boards of directors, and the power of such boards to provide free text books or purchase books for free general distribution cannot by any fair implication be recognized. Harris v. Kill, 108A-305. — 6 S L 82 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 7 of this act, covering all time taught during the school years, ending June 80th, and the directors shall be personally liable to the district for any loss sustained by it, through the failure of the directors to examine 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 teacher 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. 31. Prior to July 1, 1893, the statute provided that no teacher should be entitled to any portion of the school fund, or be employed to teach who had not at the time of the employment, a certificate of qualification, but by the amendment in force on the day mentioned, it is sufficient that the teacher shall have the certificate at the time he enters upon his duties as such teacher. Pollard Y. School District, 65A-104,- School Directors v. Orr, 88A-648. 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 on 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 for 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 teachers' 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 in held. § 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 — Said directors may, where they deem the amount of labor done sufficient to justify it, allow the clerk of such board of directors, 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. 1. When a teacher is selected and employed, the contract is for the per- sonal services of that teacher. A teacher cannot fulfill the contract by hiring a substitute. Absence without leave, and the temporary substitution of an- other teacher, although competent, is ground for dismissal. School Directors V. Hudson, 88-663. 2. This clause gives the school directors the power to dismiss a teacher for various specified causes, including negligence. Tardiness of 15 to 30 minutes on the part of the teacher two or three times a week constitutes negligence within the meaning of the statute, and the board of directors have a legal right to dismiss the teacher for that reason. School Directors v. Birch, 93A-499. 3. Where a teacher is discharged and an order is spread upon the record kept by the directors in which incompetency and neglect of duty are assigned as the causes for such dismissal, the record is binding on the directors, and estops them from showing any other or different causes. Neville r. School Directors, 36-71. 4. A certificate of qualification, obtained from the county superintendent is prima fade evidence of the fact of his competency to teach. Where a teacher is discharged for incompetency, it devolves upon the directors to show the want of qualification. The law does not require the highest possi- ble qualifications, or a talent for his profession equal to the most eminent and successful teachers. It requires only average qualification and ability, and the usual application to the discharge of the duties of a teacher, to fulfill his contract. Ibid; School Directors v. Reddlck, 77-628. 5. The law makes it a duty of boards of directors to adopt and enforce rules and regulations for the government of their schools. It is the duty of the teacher to act in conformity to such rules and regulations. The term negligence used in the statute means, the want of ordinary care and atten- tion to the performance of a duty, or the failure to observe the rules and reg- ulations made by the board of directors. Roherson v. Troutt, 17A-386. 6. Ability to teach the branches prescribed does not alone qualify a per- son to teach our youth. In addition thereto, they should be persons who, for their known virtue and morality, are fitted to be trusted with the person and mind of the child. They should be entitled to, and receive, the entire confi- dence of the patron and pupil. If suspicion of vice or immorality be once entertained against a teacher, his influence for good is gone. Tingley v. Vaughn, 17A-347. 7. School directors cannot capriciously discharge a teacher before the ex- piration of the time for which he or she is employed. In the language of the statute it must be for incompetency, cruelty, negligence, immorality or other sufficient cause. The burden of proving the incompetency or other cause, rests on the directors. School Directors v. Reddick, 77-628; Robmson v. School Directors, 96A-604; Ewlng v. School Directors, 2A-458. 8. Where a teacher is dismissed on account of the destruction of the school house, the school board is not discharged from liability on its contract in the absence of an express agreem.ent relating to such possible occurrence. The statute makes it the duty of the directors to maintain a school for at least six months in the year, and the destruction of the school house does not exonor- ate them from the performance of this duty, as they can, in that event, rent a suitable room for school purposes. School Directors v. Crews, 23A-367; Corn V. Board of Education, 39A-446. 9. Where a teacher kept a schedule for the period taught, and after dis- missal presented it to the directors of the district, this, followed by proof of employment and competency to teach, is all that is necessary to enable the teacher to recover wages for the entire time she was employed to teach. It is not necessary to allege in the declaration that she kept a schedule in ac- cordance with the provisions of the statute after the time of her dismissal. Scliool Directors v. Reddlck, 77-628. 84 10. When a teacher proves a contract of employment for a definite time and for a stipulated price and was prevented from fulfilling- it by the act of the defendant, and that he vs^as ready, able and willing- to complete it, he is- entitled prima facie, to recover the entire sum contracted to be paid, and if the defendant can mitigate the damages by showing that the plaintiff had employment or could have obtained it by reasonable diligence during the whole or any portion of the time, the burden is upon them to prove such fact. School Directors v. Crews, 23A-367. 11. Where a teacher enters into an agreement with a board of directors to- teach for a certain time pror)icled he gave satisfaction, it is held, that the spe- cial condition in the contract was intended, and had the effect, to reserve to the directors the exclusive right to determine what was requii-ed to give sat- isfaction and whether it was, in fact, given by the teacher, limited only by the obligation to do it in good faith and not from mere passion, prejudice or caprice. School Directors v. Ewington, 26A-379. 12. Where a teacher enters into an agreement to teach, the continuation of which is at the option of the directors, the directors, acting in good faith, may dispense with the services of such teacher, whenever they see fit to do so, and are under no legal obligation to state any cause for their action. When an employer reserves the right to terminate a contract of employment at his option, and exercise that right, he has done only what the employe expressly agreed that he might do. Olney School District v. Christy, 81A-304. 13. Where no services are performed under a contract of hiring, the true rule is that the action must be for a breach of the contract, and the raeasure of recovery would be the wages to be paid, less any sum actually earned, or which might have been earned by the exercise of reasonable diligence in seeking other similar employment. Brown v. Board of Education, 29A-572. 14. The measure of recovery where the teacher has not been allowed to enter upon the performance of the contract, in a suit for a breach of the con- tract, is the wages agreed to be paid by the contract, and the burden, in such cases, of showing what the plaintiff did earn, or could by diligence have earned in other similar employment, is thrown upon the directors. The directors may reduce the recovery made out by the teacher's prima fade case, by proof showing what the teacher did earn, or could have earned, by the exercise of reasonable diligence in seeking other similar employment. Ibid; School Directors v. Kimmel, 31A-537; School District v. Stilley, 36A-133; School Directors v. Orr, 88A-648. 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. 15. The common schools are provided and maintained by taxation, their benefits are rightly to be enjoyed by all, and one who is improperly excluded sustains an injury which the law will redress. But the enjoyment of the right thus furnished by the State at public expense is necessarily conditioned upon that degree of good conduct on the part of each that is indispensable to the comfort and progress of others. Board of Education v. Helston, 32A-300. 16. As in all other forms of social life, the individual must sxirrender a certain measure of his natural independence and submit to be governed by those rules which have been found necessary: and very much as in the family, there is absolute necessity for strict obedience to all reasonable re- quirements of those who are in authority. The ordinarj' laws of decency and propriety in conduct and in speech cannot be disregarded, and when broken there must be prompt and effectual punishm^ent, otherwise the great ob'ects of the school will fail of accomplishment. Ibid. 85 17. Everj^ pupil, when called upon by the superintendent or the board, should, as a matter of duty and loyalty to what is essential for the common welfare, freely state anything within his knowledge not self-criminating, 1;hat will assist in bringing the offender to justice and thereby tend to the repression of all offenses. If he refuses to do this he is guilty of disobed- ience, for which reasonable punishment may be inflicted. By the provisions of the school law, the board of dii-ectors may suspend or expel a pupil for misconduct, but this suspension or expulsion would not be construed to con- tinue beyond the current school 3'^ear. Ibid. 18. Boards of directors have the power of suspension or expulsion, and they may exercise that power as a means of discipline for the causes mentioned in the statute. The suspension or expulsion of a pupil from the benefits and privileges of the school for what is considered incorrigibly bad conduct, im- plies deliberation and decision on the part of the directors, or, as it is some times expressed, they act judicially, in a matter involving discretion in rela- tion to the duties of their office. In such cases the law seems to be well set- tled, that there can be no action maintained ag'ainst school officers where they act without malice. McCormick \. Burt, 95-263. 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. 19. The authoi'ity given to school directors by the statute to appropriate to the purchase of libraries and apparatus any surplus funds, after all necessary -school expenses are paid, would seem to be a limitation of the power to make purchases of this kind to the circumstances named, and to be an implied de- nial of any power to purchase generally on credit. Clark v. School Directors 78-474; Folsom v. School Directors, 91-403. 20. It is manifest from this provision, that neither is the rower directly ^iven, nor does it result by necessary implication, to directors to create a debt, chargeable upon the district, for apparatus and to issue orders on the treasurer, payable at a future day, therefor. It would be a most dangerous power to the interest of the taxpayers, and, in corrupt or incompetent hands, ■would be liable to great abuse, for, if the debt may be thus created, there is no limitation upon the amount, or the rate of interest it might be required to bear. The whole policy of the school law is repugnant to the existence of the power. Newell v. School Directors, 68-514. 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 interests of the district, and the proceeds of such sale shall be paid over to the treasurer of such district, for the benefit 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 projper. 21. Directors of common schools have no power to burden the people writh debt, or to levy taxes, by the machinery of the law, to purchase ground and erect large and costly buildings, and then donate them to private use or gain. ■Sherlock v. Village of Winnetka, 68-530. 86 22. The clause that provides that school directors may grant the temporary use of school houses, when not occupied by schools, for religious meetings, for evening schools and literary societies, and for such other meetings as the directors may deem proper, is not repugnant to section 3, article 8 of the Constitution, that forbids any public corporation from making any grant or donation of land, money or other personal property to any church or for any sectarian purpose. Nichols v. School Directors, 93-61. 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. 33. This clause confers a power to be exercised -when changed conditions have rendered a site once chosen hj the voters unsuitable or inconvenient in the opinion of the board, and the power given in such case is to take the initiative for the choice of another site by calling an election and submitting the question to the voters. A change in the center of population, or other conditions, may occur, and the language of the statute implies some such change in condition which will authorize action by the board, and not a refusal to cai-ry out the will of the voters. Kiehna v. Mansker, 178-15; Kiehna v. Mansker, 77A-508, reversed. 24. The supervision and control of school houses is expressly vested in the directors. When one director assumes exclusive individual control of the school house of the district, and is engaged in raising it from the foundation, with the intention of removing it from its site, the restraining power of the court may be invoked by the other directors, as this is a clear interference with the right given the board of directors to its control. It is true that the trustees of schools are vested v^^ith the title, care and custody, but it is the control of the school house that is here involved, and that is vested in the di- rectors. Ruble V. School District, 42A-483. Tivelfth — They may borrow money, and issue bonds therefor, for building school houses, i^urchasing sites, repairing and improving school houses, in the way and manner provided for by article 9 of this act. § 28. The school directors shall draw no order or warrant pay- able 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: Provided, this section shall not apply to orders issued to teachers for their wages. 1. An order is void unless issued when there is money in the treasury ap- plicable to its payment. Board of Education v. Foley, 88A-470. § 29. Whenever there is no money in the treasury 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 anticipa- tion of the collection of any taxes already levied by said directors for the payment of the ordinary and necessary expenses of any such dis- trict, to the extent of 75 per centum of the total amount of said tax levy: Provided, that warrants drawn and issued under the provis- ions 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. 87 § 30. The school directors shall be liable as directors for the bal- ance due teachers, and for all debts legally contracted. § ol. 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 re- quired by section 4 of article 9 of this act. A majority of the votes cast shall be necessary to authorize the directors to act; Provided^ 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 in- terest 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. 1. It is not 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 in order to extend schools beyond nine months in the year, without a vote of the people at an election called and conducted as required by law. Shires v. Irwin, 87A-111. 2. This section prohibits the location of a site, w^ithout a selection being' made by a majority vote at an election duly held. If, at such election, called and held for the purpose of fixing- a site, no locality receives a majority of the votes cast, then, and in that event only, is a discretionary power to act granted to the board. School Directors v. Wright, 43A-270. 3. Where a majority of the legal voters, at an election held, did select a school house site, thus precluding the adoption of any other method by the directors, the money collected, and the materials bought to build a school house must be used in the construction of it upon the site legally fixed at said election, and not elsewhere. Ihid. 4. Where directors disregard the provisions of this section, and without lawful power or authority select a site, and admit they vpill expend the money collected, and use the materials bought, in erecting a, school house on the site by said board illegally selected, an injunction may be properly granted to prevent such unlawful expenditure of public funds. Ibid. 5. Section 31, article 5 of the general school law^, concerning the submission to the electois of the question of building a school house, does not require that the cost of such building be voted upon. People v. Chicago & Northwestern Railway Comvany, 186-139. 6. School directors cannot annul an election changing a school site, repu- diate the site chosen and call an election to vote on the question of building'^ a new^ school house on the old site, discarded at a previous election, merely because the new site is some distance from a highway. Kiehna v. Manslier^ 178-15; Kiehna v. Mansker, 77A-.508, reversed; School Directors v. The People, 90A-670. 7. School directors have power to lease a suitable room or rooms for es- tablishing a school without submitting the question to the electors, and they are not discharged from their duty in that regard by a failure of proposition to build a school house, at an election held for that purpose. School Direc- tors V. The People, 186-331. 8. The selection of a site is not invalid because the clerk of the election did not describe it by metes and bounds, but only by general reference. It is not material to the validity of the selection that the clerk of the election should describe the place chosen with precision, in entering- upon the records the fact that the voters made choice of a site. Merritt v. Ferris, 33-303. 9. Under this provision it is not within the power of the directors to con- tract for the building of a school house, without having received authority to do so by a vote of the people of the district as provided by law. The fact that the building may have been constructed, accepted by the directors and used for school purposes, would not legalize the act or bind the tax-payers. School Directors v. Fogleman, 76-189; Watts v. McCleave, 16A-273. 10. An order issued on account of the building- of a school house, which is paid by the school treasurer out of general funds, will not support a subse- quent tax levy for building purposes made to replace the amount so paid, par- ticularly where an amount sufficient to pay the entire cost of the building- has already been raised by such a tax. O'Day v. The People, 171-393. 11. Where an election is held and results in favor of building a school house, and in the location thereof, and at a subsequent election the proposi- tion to borrow money for building- purposes is defeated, this subsequent •election cannot be construed to affect, chang-e or abrogate the vote to build a school house and locate the site. The people might be willing to bear the burden of an annual tax levied for building- purposes, and yet be unwilling to borrow money and issue bonds as evidence of such indebtedness. Penniiujton ■V. Coe, 57-118. 12. Directors have the right to levy a special tax for school purposes with- out a vote of the people, and a special tax for building purposes, w^ith the consent of the legal voters; but they exceed their power when they attempt to appropriate the funds raised for one object for a different purpose. IhuJ. 13. Where the public square of a village is held in trust for the public use, it cannot be appropriated to any other use inconsistent with or destructive ^Nith the first, that the building of a school house on the public square of a village, whether such square be left open for public travel across it, or in- closed or used as a park, would be inconsistent with the original use, cannot be doubted. Davis v. Nichols, 39A-610. 14. Where it is the intention of the majority of the directors by the notice given, to submit to the voters the proposition to build a new school house as well as to change the site and borrow money, and where the returns of the election made by the directors to the school treasurer, only showed that two propositions were submitted to be voted on, and that the building of a new school house was not one of them, such omission would not invalidate the election, if it was properly held, and the questions involved were fairly sub- mitted to the voters. Shires v. Irwin, 87A-111. § 32. In case the compensation to be paid for the school house site mentioned in the loreceding section cannot for any reason be agreed upon or determined between the school directors and the par- ties interested in the land taken for snch site, then it shall be the duty of the directors of such district to proceed to have such compen- sation determined in the manner which may be at the time provided by law for the exercise of the right of eminent domain: Provided, that no tract of land lying outside of the limits of any incorporated 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 without the owner's consent. 1. The trustees of schools, and not the school directors, are the proper par- ties to petition for the condemnation of land for a school site. A condemna- tion judgment vesting title in the school directors upon their petition is without authority of law. Banks v. School Directors, 194-247. 3. If a man sells land for a school house site, which is wholly surrounded by his own land, the purchasers are entitled to a right-of-way over the other's ground to arrive at their own land. The way is a necessary incident to the 89 grant, and without which the grant would be useless. But if a tract of land in the center of an enclosed field is condemned for a school house site, with- out any attempt to condemn a right-of-way to such site, no way by necessity can be claimed as incident to the title acquired by the condemnation judg- ment. A way by necessitj^ is based on a grant only. Ibid. 3. School directors are given the control and supervision of school houses in their respective districts. They are authorized to agree upon or determine the compensation to be paid for a school house site with the parties interest- ed in the land, and in case of failure they may proceed to have such compen- sation determined in the manner which may be at the time provided by law for the exercise of the right of eminent domain. But if they should agree upon the compensation to be paid and obtain a conveyance of the real estate for a school house site, it would be made to the trustees of schools and not to them. If they fail to agree, the method provided by law for vesting title for the public use is by a proceeding to condemn the land, and the title would have to be vested in the trustees. The trustees are consequently the proper and necessary petitioners in whom, under the statute, the judgnaent of the court vests the title upon the payment of the compensation. Ibid. § 33. Any director wilfully failing to perform his duties as directed under this act, may be removed by the county superintendent, and a new election ordered, as in other cases of vacancies. § 34. 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 may 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 schedule 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 the 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 90 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. Article VI. BOARD OF EDUCATION. 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. 1. It will be seen upon examination that article 6 of the school law relates to school districts in incorporated cities, towns and villages, and provides for their organization and government in a manner, in certain respects, peculiar to themselves. It declares that all such school districts, except those existing under special acts, shall remain parts of the school townships in which they are respectively situated, and subject to the general provisions of the law ap- plicable to such townships, but provides for their government by boards of education instead of school directors. People v. Ridker, 143-650. § 2. In all school districts having a population of not less than 1,(XX) and not over 100,000 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 educa- tion, six members, and three additional members for every additional 10,000 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 gen- eral census, and the notice of such election 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: Provided, that in no case shall said board consist of more than 15 members. 1. This section should be construed with section 59, article 3. Where a new district is formed which has a population of not less than 1,000 nor more than 100,000 inhabitants, there must be an election for a board of education, and not for three directors. But this section does not provide that the board, in the first instance, shall be elected only on the third Saturday in April. It relates to the election of additional members to be elected by reason of the increased population of said district. Nor does it require any census of the district, special or general to be taken in order to authorize the election of the president and miembers of the board. It is only when additional members are to be elected, that the increased population must be ascertained by the census. People v. Keechler, 194-235. § 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 until his successor is elected and qualified. 91 1. The school law provides that school elections may be contested in the same manner as is provided by the general election law in case of the election of township officers. The county court is vested with jurisdiction of proceed- ings to contest school elections. Misch v. Russell, 136-33. 3. A candidate may be voted for at the same election for two offices — presi- dent and a member of a boai-d of education, but if he should be elected to both, he would be incapable of discharging- the duties of both offices and would be compelled to elect which to accept. Where a ballot is marked to show a clear intention of voting for the same person for both offices the candi- date is entitled to have s^^ch ballot counted as cast. Ibid. § 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. Notice 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 hereby given, 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 , tov/nship No rang-e No , and members of the board of education of said district. Dated this. day of , A. D A B , President. C ,D Clerk. 1. The law provides the time w^hen the election shall be held, and requires the president and clerk of the board to give ten days' notice of the election, which shall specify the place of holding the election and the time of opening and closing the polls, but the board of education is not reqi^ired to make an order providing for the election. An order providing for an election passed by less than a quorum does not render an election void, as the law fixes the date of the election. All that seems necessary is for the president and clerk in their official capacity to give proper notice. Ackerman v. Haencli, 147-514. 3. Notice of all elections shall be given, and such notices shall specify tlie place where such election shall be held and the time of opening and closing the polls. It is within the power of the board, acting through its president and clerk, to prescribe such reasonable time for the opening and closing of the polls as may best suit the convenience of the voters of the district. Ibid. 3. The provisions of the statute as to the manner of conducting the details of an election are not mandatory, but directory, and irregularities in conduct- 92 ing' an election and counting the votes, not proceeding from any wrongful in- tent, and which deprive no legal voter of his vote and do not change the result, will not vitiate the election. Ibid § 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: Pi'ovided, however, that boards of education shall have power to establish a suitable num- ber of voting precincts and fix the boundaries thereof for the accom- modation of the voters of the district in which such election is held, in each of which voting precincts there shall be one polling place designated by the board. Whenever such board of education shall under the provisions of this act establish more than one voting pre- cinct for such election they shall appoint two judges and one clerk for each polling place, assigning so far as may be at least one member of such board to each polling place. (As amended by an act ajpproved May 12, 1905). 1. Women above the age of twenty-one years are qualified to vote at an election for president and members of a board of education. Aclierman v. Haenck, 147-514. § 9. At the first election of directors succeeding the passage of this act, in any district having a population of not less than one thousand (],000) inhabitants by the census of 1880, and in such other districts as may hereafter be ascertained by any special or gen- eral census to have a population of not less than one thousand inhab- itants, 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, at its first meeting, shall fix by lot, the term of ofiice 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 thereafter 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. 1. This section has no application to the election of a board of education in a. newly formed district, but provides only for a change from a board of directors to a board of education. People v. Keecliler, 194-235. § 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 — To 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.) 98 1. The examination herein provided for is as to tlie qualification of the ap- plicant in respect of ability, competency and character, to take charge of and teach a school in the district, and the board of education has the right to ex- amine and determine whether or not the applicant is qualified. Kuenster v. Board of Education, 31A-386; Kuenster v. Board of Education, 134-165. Fourth — To establish schools of different grades, and make regu- lations for the admission of pupils into the same. 3. Under the law, boards of education have the right, power and authority to adopt reasonable rules and regulations in regard to the admission of per- sons over six years of age, which may operate to prevent such persons from entering school immediately after arriving- at the age of six years. Board of Education v. Bolton, 85A-92. 3. In the exercise of these powers, the rules and orders made by the board of education must not be unreasonable, or such as to defeat the wise and beneficent purposes of the school law, and if reasonable, necessary, and such as will best afford to all the children in their district, entitled to attend pub- lic schools an opportunity to receive the benefits of proper instruction, such reasonable and necessary rules and orders should be sustained by the courts. People v. Board of Education, 26A-476. 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. 4. It is made unlawful for a board of education to build a school house ex- cept upon petition of a majority of the voters of the district. Its power to build being thus limited, it follows, necessarily, that its power to employ others to build school houses is subject to the same limitation. Board of Education v. Roeher, 23A-629. 5. It is a mistake to suppose that the statute, in terms, vests the board of education with all the powers exercised by a board of directors. The powers of both these boards are precisely defined and limited by statute. To hold that a board of education may build a school house upon the authority of a vote of the electors of the district, without any petition, as a board of direc- tors might have done, would be directly in the teeth of the statute which ex- pressly declares that the board of education shall not build a school house without a petition of a majority of the voters of the district. Ibid. Sixth — To levy a tax, annually, upon the taxable property of the district, in the manner provided in article 8 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 per- centage of the assessment, as provided by section 1, article 8 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. 94 6. Where a special charter makes it the duty of a board of directors to es- tablish a system of graded schools, such directors have the authority to ap- point a superintendent of the graded schools of such city, and pay him a rea- sonable salary for his services. Where there are ten teachers in different rooms, and over 800 pupils, a g-eneral superintendent is necessary to the vv^ork- ing of the system, and the power to appoint and pay this officer must be con- sidered as given by necessary implication. Spring v. Wright, 63-90. Eighth — To lay off and divide the district into sub-districts, and from time to time alter the same, create new ones and consolidate them. 7. A board of education has power to lay off and divide the district into sub-districts, alter the same from time to time, and assign pupils to the sev- eral schools. People v. Board of Education, 26A-476. 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. 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. 8. This provision is not as comprehensive as the provision empowering boards of directors to prescribe what branches of study shall be taught and w^hat text books and apparatus shall be used in the several schools, and is not intended to supersede clause 9, section 36, article 5. People v. Board of Edu- cation, 175-9. Eleventh — To expel any pupil who may be guilty of gross disobe- dience or misconduct. No action shall lie against them for such expulsion. 9. The common schools are provided and maintained by taxation, their benefits are rig-htly to be enjoyed by all, and one who is improperly excluded sustains an injury which the law^ will redress. But the enjoyment of the right thiis furnished by the State at public expense is necessarily conditioned vxpon that degree of good conduct on the part of each that is indispensable to the comfort and progress of others. Board of Education v. Helston, 32A-300. TiveJfth — To dismiss and remove any teacher whenever, in their opinion, he or she is not qiialified to teach, or whenever, from any cause, the interests of the schools may, in their opinion, require such removal or dismissal. 10. The causes for removal and dismissal mentioned in this clause, are made to depend on the opinion of the board of education, and to emphasize such fact the phrase in their opinion, is used twice in the alternatives mentioned in the statutes. When the teacher is dismissed and the reason therefor springs out of his own conduct, and the directors so charge, it is essential that some other person than the contracting parties should be arbiters in the matter; but when the dismissal is dependent on a cause that the board of ed- ucation in their opinion may entertain, the teacher has no remedy in case of dismissal, at least as long as the board of education exercises the power in good faith. Board of Education v. Stotlar, 95A-250. 11. The teacher stands precisely in the position that he would have stood in had he made a contract to teach as long as his services were satisfactory to the board of education. This clause uses the words dismissal and removal. The w^ord removal implies some personal dereliction of duty. The word dis- missal means termination, from whatever cause. Ibid. 12. Where a contract does not provide by its terms that a board of educa- tion would be discharged from compliance with its terms by reason of the de- strtiction of the school house, the discharge of either party to the contract 95 would not result as a matter of law because of the destruction of such build- ing-. Neither would the board of education be discharged from liability on its contract by reason of the destruction of the school house, and its inability to secure another building. If either party is to be discharged for such cause, the contract should so provide. Corn v. Board of ^dtication, 39A-446. Thirteenth — To apportion the scholars to the several schools. Fourteenth — To establish and promulgate all snch 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. 13. A board of education may order the clerk to amend the record of a pre- vious meeting to show the facts although the personnel of the board has changed, as the authority for such amendment does not rest upon the personal recollection of the members of the board, but upon the knowledg-e of the clerk, or such files, minutes or memoranda as put him in possession of knowledge of what transpired at such meeting. Board of Education v. Trus- tees of Schools, 174-510. Eighteenth — To annually prepare and publish in some newspaper, or in pataphlet 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. § 12. 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. § 13. All conveyances of real estate shall be made to the town- ship 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 spe- cial fund for school purposes, subject to the order of the board of education, upon warrants signed by the president and secretary thereof. 96 1. A board of education elected under the act, approved June 2, 1891, auth- orizing- municipalities manag'ing- free schools under special charters to elect boards of education having the powers provided for such boards under the g-eneral law, has no power to appoint a treasurer of the school fund, and the custody of such funds belongs to the township treasurer. People v. Board of Education, 166-388. § 15. Any city, incorporated town, township or district in which free schools are now managed under any special act, may, by vote o£ its electors, cease to control snch schools under such special act, and become part of the school township in which it is situated, 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 district, 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, 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 townships, and to make a division of funds and other property in the manner provided for by section 63 of article 3 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 5 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 ar- ticle 5 of this act. 1. It will be seen on examination that article 6 of the school law relates to school districts in incorporated cities, towns and villages, and provides for their organization and government in a manner, in certain respects, peculiar to themselves. It declares that all such school districts, except those existing under special acts, shall remain parts of the school townships in which they are respectively situated, and subject to the general provisions of the law^ ap- plicable to such townships, but provides for their government by boards of education instead of school directors. Sections 15 and 16 of said article relate to districts existing tinder special acts, and provide a mode by which those districts may abandon their special organization and become re-organized under the general law. People v. Rickei', 142-650. 97 2. It is plain that these sections govern in all proceedings by districts or- ganized under special charters to abandon their organization and become or- ganized under the general law. They prescribe the mode by which such re-organization shall be effected, and the conditions upon which the township trustees may acquire jurisdiction to re-district their townships. Upon petition of 50 voters of the district, it becomes the duty of the board of education, or other district authorities, as to which they have no discretion, to submit the question to the voters of the district, and their vote being in favor of such organization under the general law, the trustees are not only empowered, but it becomes their imperative duty to re-district their township, the only limi- tation upon their power in that behalf being that the re-districting shall be made in such manner as shall suit the wishes and convenience of a majority of the inhabitants of the township. Ibid. 3. No petition of the citizens of the township, or of the districts to be affected, is required, the authority of the trustees to act being based solely upon the result of the election held in the district existing under the special act upon the question of organizing under the general law. No mode is pre- scribed by vphich the trustees may ascertain the w^ishes or convenience of a majority of the inhabitants of the township, and it necessarily follows that those matters are left to their official judgment and discretion. Ibid. 4. The provisions of sections 47 and 48 of article 3 have no application. They clearly relate to a different subject matter. Section 46, article 3, pro- vides that, in case of newly organized townships, the trustees of schools shall lay the township off into one or more school districts, to suit the wishes or convenience of a majority of the inhabitants of the township. Section 47 then provides that, where such division of a township into districts has been made, the trustees may, in their discretion, at their regular April meeting, when petitioned as provided in section 48, change such districts as lie wholly within their townships. Ibid. 5. Sections 47 and 48, article 3, clearly relate to those ordinary changes in the school districts of a township already fully organized under the school law which from time to time become necessary in order to meet the wishes or convenience of the inhabitants of the various districts, but they have nothing to do either with the original organization of the township into school dis- tricts or to the re-organization which becomes necessary when a portion of the township previously organized into a district under a special act, aband- ons its special organization and becomes, for the first time, for school pur- poses, a part of the township. Ibid. § 17. In cities having a population exceeding 100,000 inhabitants, from and after this act shall take effect, the board of education shall consist of 21 members, to be appointed by the mayor, by and with the advice and consent of the common council, seven of whorn shall be apiDointed 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, hold- ing their office by appointment, such officers shall continue in office until the time at which their terms would have expired under the law in force at the time of their appointment. At the expiration of the term of any members of said board, their successors shall be ap- pointed 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 common 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 council. — 7 S L 98 six members, two of whom shall be appointed for the term of one years, two for the term of two years, and two for the term of three years. (As amended by act approved June 22, 1891.) 1. The board of education, like all municipal bodies, has only such powers as are expressly g-iven to it, or as result by fair implication from the powers granted. Han-^ls v. Kill, 108A-305. 2. The General Assembly, by an enactment entirely distinct from the act under which the city became incorporated, selected the city as an ag-ency of the State to aid in the g-eneral administration of the State government in the particular matter of providing a thorough system of free schools, in com- pliance with the requirements of the State Constitution. Kinnare v. City of Chicago, 171-332. 3. The school law of 1872 did not create the board of education of the city of Chicago, but recognized its then present existence, and changed and enlarged, in many respects, its powers and duties, but continued, as did the subsequent act of 1889. its dependence, in many important matters, upon the city council. It seems clear that the board of education is still connected with, dependent upon, and to some extent a part of, the municipal government of that city. Brenan v. The People, 176-620. 4. When the city of Chicago was under its special charter, the board of education w^as one of the departments of the city government. The incorpo- ration of the city under the general law did not abrogate the provisions of its former special charter, under which the board of education existed as such department, nor are such provisions, or the former general laws relating to the board of education, repealed by implication by the city and village act, or the general school law of 1872, or their subsequent amendments, so as to change the status of the board as a municipal agency. Ibid. .5. The statutes in force have committed the public schools in the city of Chicago to the control and management of the board of education. The instant any territory becomes part of the city, all public schools within that territory fall under the jurisdiction of said board, not by force of any express provisions of the annexation law, but by force of the existing statute which has committed all schools in the city to the jurisdiction of said board. McOurri v. Board of Education, 133-123; Cravener v. Board of Education, 133- 145. 6. In cities of the class to which Chicago belongs, the entire supervision and control over all the public schools of the city is, by the provisions of the school law, committed to the board of education of the city. This jurisdic- tion is necessarily exclusive. It follows that whenever territory in which there is an organized school district and one or more public schools is annexed and thereby brought into the city, the jurisdiction of the board of education immediately attaches. Ibid. 7. The board of education is a corporation or qv/isi corporation created, nolens volens, by the general lavr of the State to aid in the administration of the State government, and, charged as such, purely governmental in charac- ter. It owns no property, has no private interests, and derives no special benefits from its corporate acts. It is simply an agency of the State, having existence for the sole purpose of performing- certain duties, deemed necessary to the maintenance of an efficient system of free schools, within the particu- lar locality in its jurisdiction. Kinnare v. Ciinj of Chicago, 171-332. 8. The board of education of the city of Chicago is a public corporation, created by legislative authority as an agency of the State for the purpose of maintaining public schools and school biiildings within that subdivision of the State. For the purpose of that function it receives from the tax payers and holds as a trustee the school fund, and is bound to administer it for the benefit of the beneficiaries of the trust. The tax payers are in equity the owners of the fund, and the board can only hold and apply it to the legiti- mate purposes of the trust. The law is established, beyond doubt or contro- versy, that a bill to enjoin public officers so situated from misappropriating the fund in their charge is a proper remedy for a tax payer. Courts of chan- 99 eery will interfere to restrain such authorities fi-om the misuse of the fund entrusted to them, or its appropriation to a purpose not warranted by law. Adams v. Brenan, 177-194. 9. A board of education has no power to agree with the representatives of labor organizations to insert in all its contracts for work on school buildings, a provision that none but union men should be employed in such work or placed on its pay-rolls. Such contract is a discrimination between different classes of citizens, and of such a nature as to restrict competitioQ and to increase the cost of work. It is unquestionable, that if the Legislature should enact a statute containing the same provision as this contract in regard to any work to be done for boards of education, or if they should by statute undertake to require this board, as the agency of the State in the management of school affairs, to adopt such a rule or insert such a clause in its contracts, or should undertake to authorize it to do so, the provision would be absolutely null and void as in conflict with the Constitution. Ibid. 10. There is no more reason or justification for such a contract than there would be for a provision that no one should be employed except members of some particular party or church. In any such case it might be said that the board entertained a bojia flde opinion that the members of some political party were more intelligent and better capable of performing the work, so that bet- ter results would be attained; or that the members of a church, on account of their higher standard of morality, woiild more faithfully and conscientiously carry out the contract. The fact that the board may have been of the opinion that' its action was for the benefit of the public, can not afford a justification for limiting competition in bidders and requiring them to abandon the right to contract with whomsoever they may choose for the performance of the work. Ibid. 11. The board of education may stipulate for the quality of material to be furnished, and the degree of skill required in workmanship, but a provision that the work shall be done only by certain persons or classes of persons, members of certain societies, necessarily creates a monopoly in their favor. The effect of the provision is to limit competition by preventing contractors from employing any certain persons and by excluding therefrom all others engaged in the same work, and such a provision is illegal and void. A tax payer may resist an attempted appropriation of his money in execution of such a contract. Ibid. 12. A tax payer may enjoin the expenditure of a school fund under a provision of a contract for a public school building requiring the employment of union men only, although neither the contractor nor excluded laborers complain. The failure of a bill to show that it was filed before work was begun under the contract, does not affect the complaining tax payers right to relief, where the contract under which the expenditure is attempted is against public law, which the contractor is bound to know. Ibid. 13. No question concerning the merits of labor or trades unions is in any way involved in this case. The right of organization for mutual benefit in all lawful ways is not denied. The question is, whether the board of education has a right to enter into a combination with such an organization for the expenditure of the tax payers' money for the benefit of members of the organization, and to exclude any portion of the citizens following lawful trades and occupations from the right to labor. It has no such right. Ibid. § 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. 100 § 20. Tiie 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 — Fii'st — To erect or purchase buildings suitable for school houses, and keep the same in repair. 1. A board of education erecting- a school building in pursuance of the duties imposed upon it by statute, being- merely the agent of the State, can not be made to respond in damages, as master, for the negligent acts of workmen employed upon the building. Kinnare v. City of Chicago, 171-332. 2. The board of education, with the concurrence of the common council, has power to erect school houses, and it is to be assumed the connection of the city with the construction of such buildings, is only such as arise out of the authority and power vested in the city by the provisions of this section. The erection of a school building is of no benefit to the city as a municipal- ity, and whatever connection it has with the board of education in the mat- ter of construction of a building is simply for the purpose of discharging a public duty cast upon it by the law-making power of the State. That duty is governmental in its character. It is performed in obedience to a statute w^hich was enacted because it was deemed expedient by the Legislature, in the distribution of the powers of the government, to require the city, nolens volens, to perform a public service in which the city, as a corporation, had no interest. Ibid. 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 concurrence 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. (As 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. Third — To hire buildings or rooms for the use of the board. Fourth — To hire buildings or rooms for the use of schools. Fifth — To employ teachers and fix the amount of their compensa- tion. Sixth — To prescribe the school books to be iised, and the studies in the difPerent 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 circum- 101 stances 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 necessary and expedient for such purpose. Eighth — To expel any pupil who may be guilty of gross disobedi- ence or misconduct. Nintli — 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. Twelfth — To grant the use of assembly halls and class rooms when not otherwise needed, including light, heat and attendants for public lectures, concerts and other educational and social interests free of cost, but under such provisions and control as they may see fit to im- pose. (As amended by an act approved May 13, 1903.) 1. It will be seen that no specific grant of power to furnish text books for the free use of all scholars can be found in the powers enumerated in section 22, article 6 of the general school law. Nowhere among- the powers of the board of education can a specific grant of power to furnish free text books be found. If the power exists it must be found under the general grant of pow^er in the seventh item of powers, or it must arise by implication from the body of the powers granted and the evident purpose the Legislature had in view in passing these statutes. Harris v Kill, 108A-305. 3. The board of education has for some years, purchased libraries and sup- plied school books for the children of indigent parents, and the exercise of this power has thus far gone unchallenged, although no specific provision authorizing the purchase of such books exists. The case of supplying text books to the children of parents too poor to buy them differs radically, if not in principle, certainly in reason and degree, from the case of furnishing text books free to the children of w^ealthy parents. The Constitution pro- vides that all children of the State may receive a good common school educa- tion. It may be said that the behests of the Constitution cannot be complied with if the children of the very poor are not supplied with free text books. The same thing cou.ld not be said if the children of the wealthy were not supplied with free text books. Ibid. 3. It is insisted that the powers and authority required for the proper management of schools are placed with the board and that, of necessity, the judgment of the board must be accepted in determining what acts are neces- sary and expedient for the proper management of schools; that the board has found that they cannot carry out the constitutional command to provide a thorough and efficient system of free schools without supplying free text books to all pupils. It must be said, however, that the Constitution is not self-executing and that the Legislature must, either by general or specific grant, give the power to the board to purchase with public school fimds, text books for the wealthy, before the court can hold that the board of education has such power. Ibid. 4. It is a general rule that an attenapted enumeration will limit the general terms. Upon an examination of the school law applicable to the various classes of districts it is found that the Legislature has most carefully limited the powers of boards of directors and boards of education in certain direc- tions and the power of boards to purchase books for free general distribution cannot by any fair implication be recognized. Ibid. 5. The authority of the board of education must not be extended nor its powers enlarged, either by intendment or by any strained construction of the statute. The court has considered the compulsory education laws of this 102 state, but it is unable to find therein any expression which by intendment or fair implication can be construed as giving the board of education authority to make free distribution of school books to all pupils. Ibid. 6. It is apparent that there is a marked dinstinction between purchasing books for a library, having its home in the school building, and frora pur- chasing school books for the individual, exclusive and free use of all pupils. The library would be for the use of all the pupils as much as the maps or charts hanging on the walls of the school rooms. No well-defined policy with reference to furnishing free text books to all pupils can be found in this State, at least of so pronounced a character that we would be justified in en- grafting it upon the school laws of the State. Ihid. 7. It is argued that the public policy of the State and a reasonable inference as to the intention of the Legislature drawn from the vai"ious statutes, are that under the general powers conferred upon the board of education under the seventh section of its list of powers, full authority is given it to distri- bute school books for the free use of all pupils. Such power to expend school moneys in ways new and untried in this State should first be clearly granted by the Legislature and not assumed by the zeal of boards of education or by the construction of courts. Ibid. § 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 employ 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. Ninth — To prescribe the method and course of discipline and in- struction in the respective schools, and to see that they are maintained 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 include the receipts and expenditures of each school, specifying the source of such receipts and the object of such expenditures. 108 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 education 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 interest 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.) 1. It seems clear, from all the legislation on the subject, it was the inten- tion of the Legislature that the city, in cities having over 100,000 inhabitants, should have the title to all real estate held for school purposes, and the city treasurer should have the custody of all school funds, no matter from what source derived. The board of education in such cities is given no independent powers as to the real estate held or to be purchased for school purposes. Whatever the board can do in reference to buying or leasing sites for school houses, or issuing bonds for the erection of buildings thereon, can only be done with the concurrence of the common council. People v. Roche, 124-9. 2. The powers and duties the board may exercise, independently of the common council, relate mostly to furnishing school houses, the employment of teachers, and the management of schools generally. But all school prop- erty and funds are placed in or under the care of the common council or some city oflBcer. There is no express provision of the law that authorizes the board of education to take to itself the conveyance of any real estate, for the purpose of holding the title as an actual owner might do, nor is there any express statute giving the board authority to hold the title to real estate by way of pledge or security for the payment of indebtedness, and if they have any such power, it must arise, by implication, from other powers expressly conferred. Ibid. 3. As respects the sale of real estate held for school purposes, the statute is so plain it admits of no construction. It can only be sold on two express conditions, — first, the sale must be made by the common council; and second, it must be made by the council on the written request of the board of educa- tion. In case it is necessary to take a mortgage to secui*e any portion of the purchase money, the statute is silent as to what corporate body it shall be made. Ibid. 4. Ordinarily it is the vendor that takes the mortgage to himself, to secure the unpaid purchase money, and following the custom that prevails with private individuals in this respect, it would seem the corporate body author- ized by law to convey school property should take to itself the mortgage to secure the balance of the purchase money, if any remain unpaid. It would be competent for the Legislature to provide, by statue, on the sale of school lands by the common council the mortgage to secure the unpaid purchase money might be made to the board of education; but no provision has been made, by statute, for giving a mortgage in such cases to the board of educa- tion. Outside of statutory provisions, considerations of convenience would seem to require the mortgage should be given to the city. Ibid; Brenan v. Tlie People, 176-630. § 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 104 comptroller, if there shall be any city comptroller appointed, if not then by the city clerk. (As amended by an act approved April 22, 1899.) § 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. Article VII. TEACHEES. § 1. No teacher shall be authorized to teach a common school under the provisions of this act who is not of good moral character, at least 18 years of age, if a male, or 17 years of age, if a female, and who does not possess a certificate of qualifications as hereinafter pro- vided for: Provided, that in any county in which a county normal school is established, under the control of a county board of educa- tion, the diplomas of graduates in said normal school shall, when di- rected by said board, be taken by the county superintendent as sufii- cient evidence of qualification to entitle the holder to a first grade certificate, but such diplomas shall not be sufficient after two years from such graduation. § 2. It shall be the duty of the Superintendent of Public Instruc- tion to grant State certificates to teachers that may be qualified to receive them. Such certificates shall be valid in every district in this State during the good behavior of the holder thereof. But such cer- tificates shall be granted only upon public examination, under such regulations and by such examiners as the Superintendent of Public Instruction shall prescribe and appoint: Provided, however, that such examination shall be complete in itself. And, provided, fur flier, that the Superintendent of Public Instruction shall have power to suspend the operation of any State certificate for immorality or other unprofessional conduct. Before entering upon his duties as teacher, the holder of any State certificate shall present the sam.e to the county superintendent for registration. A fee of one dollar shall be charged therefor and covered into the institute fund. (As amended by an act approved May 12, 1905.) § 3. It shall be the duty of the county superintendent to grant certificates to such persons as may, upon due examination, be found 105 qualified. Said certificates shall be of two grades ; those of the first grade shall be valid in the county for two years, and shall certifiy that the person to whom such certificate is given is of good moral char- acter and is qualified to teach orthography, reading in English, pen- manship, arithmetic, English grammar, modern geography, civics, the elements of natural sciences, the history of the United States, the history of Illinois, 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, penman- ship, arithmetic, English grammar, modern geography, civics, the history of the United States and the history of Illinois: Provided, that teachers exclusively teaching music, drawing, 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 im- morality, incompetency or other just cause. Said certificates may be in the following 'form, viz: Illinois, A. D The undersigned having- examined in orthography, reading in English, penmanship, arithmetic, English grammar, modern geography, civics, the history of the United States, the history of Illinois, and methods of teaching, and being satisfied that is of good moral character, hereby certifies that qualifica- tions 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. Given under my hand and seal at the date aforesaid. A B , County Superintendent of Schools. {As amended by an act approved May 12, 1905.) 1. Section 3, article 7, provides, that it shall be the duty of the county sup- erintendent to grant certificates to such persons as may, upon due examina- tion, be found qualified; that such certificates shall be of two grades; that those of the first grade shall be valid in the county for two years and shall ■certify that the person to whom the certificate is given is of good moral char- acter and qualified to teach certain subjects therein specified. This section further provides, that the county superintendent may, in his option, renew said certificates at their expiration by his endorsement thereon. Van Dom v. Anderson, 117A-618. 3. By virtue of this section, a county superintendent has pow^er, and it is his duty, to determine w^hether or not the person examined is qualified to teach; the grade of certificate to which he is entitled, and, upon the expira- tion of a certificate, whether or not it shall be renewed. These questions are by the statute submitted to the decision of the superintendent. The act of ascertaining and determining what are the requisite facts upon which his action must be predicated, is in its natui*e judicial, involving investigation, judgment and discretion. With the exercise of such discretionary power, the courts are precluded from interfering, unless the same be grossly abused, or exercised from selfish and unworthy motives, or there is such an evasion of 106 positive duty as to amount to a virtual refusal to perform the same, in which event such abuse of discretion or failure to act will be controlled by man- damus. Ibid. 3. When a county superintendent has once determined that an applicant is qualified to teach, and the grade of certificate to which he is entitled, or that he is entitled to a renewal of a certificate theretofore granted, his discretionary or judicial powers are exhausted. The resultant duty to issue a certificate to that effect, or to endorse a renewal upon a former certificate, being impera- tive, specific, well-defined and not requiring the exercise of judgment or discretion, is ministerial merely, and the performance of that duty may, upon his neglect or refusal to act, be coerced by a peremptory writ of m,andam,us. Ibid. 4. Where a certificate, although upon its face in accordance with the statute, fails to correctly state the true date of its issuance, or is in any particular false, nntrue or erroneous, Tnandamus will lie to compel either the issuing by t.^ie county superintendent of a true and correct certificate, or the correction of the one already issued so that it will correctly and truly state the facts. lUd. 5. The action of a county superintendent in ante-dating a certificate is without legal justification and unwarranted, no matter what his motive may be. A certificate being the only evidence a teacher can possess or obtain as to his right to teach, he is entitled to have it show such authority for the full term provided by statute. Where a teacher is deprived of such evidence by the arbitrary, unauthorized and illegal act of a county superintendent and thereby rendered unable to exercise his profession, he loses a valuable prop- erty right, to regain which the remedy by mandam,us is properly invoked. Ibid. 6. A certificate of qualification, obtained from the county superintendent, is prima facia evidence of the fact of his competency to teach. The law does not require the highest possible qualifications, or a talent for his profession equal to the most eminent and successful teachers. It requires only average qualification and ability, and the usual application to the discharge of the duties of a teacher, to fulfill his contract. Neville v. School Directors, 36-71. 7. A certificate is pi-ima facia evidence of qualification. It cannot be im- peached, although it may be overcome by proof of incompetency. Neither can it be properly shown that for any particular certificate, the teacher was examined by the county superintendent. If the county superintendent had previously examined him and thereupon given him a certificate, a renewal does not require another examination. Doyle v. School Directors, 36A-653. 8. The statute provides that no teacher shall be authorized to teach a com- mon school, who does not possess a certificate as required by this section. It is made the duty of the county superintendent to grant certificates to such persons as may upon due examination, be found qualified, and it is provided that he shall certify that the person to whom such certificate is given is quali- fied to teach the enumerated branches. School District v. Sterricker, 86-595. 9. While the statute imposes no duty to give to any one a certificate, ex- cept to a person found qualified upon due examination, yet the statute does not require the certificate to state upon its face what the examination was, or that such examination was had. The statute requires the certificate to state that the person to whom the certificate is given is qualified to teach the branches enumerated. Ibid. 10. A certificate is not invalid for want of conformity to the form furnished in the statute. The statute prescribes what fact the certificate must state, and then adds, that the certificate may be drawn in a given form. The woi'd m,ay in this case was not intended to be interpreted must. The certificate is in the nature of a commission, and cannot be attacked collaterally. Ibid. 11. The date appearing on the face of a contract is not conclusive even against the parties to it. Holding a teacher's certificate at the time of ac- cepting their proposition and contracting with them in writing, the contract 107 is valid and binding on the directors, and in discharging the teacher without cause they become liable for the amount of wages according to contract, un- less it be shown that such teacher could have procured work of a similar character. And to show this fact is incumbent on the directors to reduce the amount to be recovered. School District v. Stilley, 36A-133. § 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- 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. Age. Nativity. Date. Grade. Experience. Graduated. Chas. Thompson. 25 Illinois.. Mar. 1,1888 1 Has taught 5 years 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.) 1. Prior to July 1, 1893, the statute provided that no teacher should be en- titled to any portion of the school fund or be employed to teach v^ho had not, at the time of the employment, a certificate of qualification, but the amend- ment in force on the day mentioned, it is sufficient that the teacher shall have the certificate at the time he enters upon his duties as such teacher. Pollard V. School District, 65A-104; Scliool Directors v. Orr, 88A-648. 2. By this section of the statute, the possession by the teacher at the time he enters upon his duties as such teacher, of a legal certificate of qualifica- tion, is made a condition precedent to his right to receive any portion of the public money for his services, and the facts necessary to constitute a com- pliance with the statute in this respect must be distinctly and affirmatively alleged in a declaration to recover for the services of a teacher, or to recover damages from the school district for the breach of a contract to teach. Stanhope v. School Directors, 42A-570. 3. A school district created by virtue of any special act, is a common school district. The public schools taught in it are common schools, and there is no reason why the general law of the State for the securing of competent teachers for the common schools, and providing for the examination of such teachers and their being found qualified by the county superintendent of schools, should not apply to the common schools of such district as well as to the other common schools of the State. Unless the board of directors or board of education of such school district is, in express terms, vested with the power to examine its teachers and grant them certificates, no teacher may be employed, or receive any part of the school fund, -vvho does not possess the qualifications required by the general law. Board of Education v. Arnold, 112-11. § 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. 108 8. Under this provision it could not be known, until after the annual elec- tion of directors, but that the voters of the district would prescribe that cer- tain branches should be taught beyond those ordinarily taught in the district schools, and there can be no intelligent employment of a teacher until it shall be known what is required to be taught. Stevenson v. School Directors, 87-355. 2. Power is expressly given to directors to order that other branches than those enumerated, may be taught in the common schools, and by another -section, they are given discretion to say what those branches of study shall be. The medium of instruction in all schools established or to be established under existing laws shall be the English language, but there has been no in- tention expressed, in any legislation respecting schools, to inhibit the teach- ing of the modern languages in such schools. Potvell v. Board of Education, ■97-875. § 7. It shall be the duty of the county superintendent to hold meetings quarterly, and oftener, if necessary, for the examination 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 such examination. Notice of such meetings shall be pub- lished a sufficient length of time in at least one newspaper of general circulation. (As amended by an act approved May 12, 1905.) § 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. § 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 ex- amination fee as required by section 8 of this article, and failed to receive a certificate. 109 § 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 education 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 belonging 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 daj^ 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 rang-e of the principal meridian, in the county of in the State of Illinois. Names and Ages of Scholars Attending School. i o 3 a c 00 H c (V 05 a 3 C P •-t •< 05 1 a> a a D. P ■< L^ P 3 C ^ <-( •< OO n a. p "<: p 3 P << 1 n B" (D 0) D. P " a, p P P 1—1 OO OO c. 3 a> CO a p ■^ p 3 C P -I v: CO OO ij 1 C P "<; cr •-t c p OO OO hp & p •< 1j D- c p •-! ■< 00 O 3 C- P "< "C. n a- -1 c p 00 _1 a n w p <<: cr 3 p -t ><; 05 00 a> Q. B (1 Q. P cr -t c p ~3 OO OO H 3- 1 P ■;^ S- 3 p 00 00 00 £ p •^ re c- •-( c p •<: CO H o p o 9. & p •< 03 re 3* en n Names. Ages. 3* P* John Smith 10 13 16 18 1 'i i 1 i i 1 1 i 1 • • i i i i 1 i 15 Issac Meisler 11 Sarah Dan forth 'ft Mary Newman IS Grand total No. of das's 64 Males. ±'0 rata distribution of said funds among the several townships of said county, to the said Decatur school district, and upon the filing of the bond of the treasurer of the said board of 191 education, the said school commissioner shall pay over to the said treasurer the amount due said district. All taxes levied in accord- ance with the provisions of this act, shall be paid over by the officer collecting the same, to the treasurer of the board of education; and said board of education shall have the entire and exclusive control of all school funds of said Decatur school district, or any part thereof, whether consisting of the portion of the school, college, seminary or township fund, belonging and to belong to said district, or any part thereof, or derived from taxation, loans or otherwise, to be used by them as provided in this act; and they may receive any gift, grant, donation, devise, bequest or legacy, 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 corporate capacity, with the title, care and custody of all lands, lots, school houses, school libraries, apparatus and other property belonging or appertaining to the common schools of the district, or any of them, or which may be within their jurisdiction, with full power to control the same in such manner as they may think will promote the interests of schools or the cause of education, and not inconsistent with the provisions of this act; and when in their opinion, it may be to the interest of said dis- trict to sell any lot or tract of land or building, belonging to said dis- trict or any part thereof, said board may sell and convey the same in the name of the board; and such conveyance, as well as all other con- veyances, contracts and assignments of the board, shall be executed by the president and clerk of the board of education of Decatur school district, and the moneys of all sales and assignments shall be paid to the treasurer of the board, for the benefit of schools ; and all convey- ances of real and personal estate and assignments of choses in action which may be made to said board, shall be made to said board in its corporate name; and said board may i3urchase and hold such real estate and personal property as may be necessary for the establish- ment and support of schools, and such real estate as may be purchased under any sale upon execution or decree in favor of said board, or in satisfaction of any debt due the said board, and at any time thereafter may sell and convey the same. § 9. For the purpose of erecting school houses, purchasing school house sites, or repairing or improving the same, or purchasing libraries or apparatus, it shall be lawful for said board to borrow money at a rate of interest not exceeding ten per cent per annum, and issue bonds therefor, in sums of not less than one hundred dollars ; which bonds shall be executed by the president and clerk of said board in the name of the board: Provided, that the bonds issued by said board and outstanding, shall not at any time, exceed one per centum of the assessed value of the real and personal property of said district. § 10. Said board may also, at any time when they may deem it necessary, borrow any sum or sums of money for a time not exceed- ing one year, and at a rate of interest not exceeding ten per cent per annum, to be expended for general school purposes : Provided, that the total amount of moneys so borrowed and unpaid, shall not at any time exceed one half of one per centum of the assessed value of the J92 real and personal property of said district. And for the payment of the moneys so borrowed, the proceeds of the taxes first paid into the treasury thereafter, and not specially appropriated by law, are hereby specifically pledged and shall be applied in payment of the sums so borrowed, in preference to any other debts. § 11. If any judgment shall be obtained against said board, 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 judgment shall be obtained, or to which such judgment shall be re- moved by transcript or appeal from a justice of the peace or other court, to issue thence a writ, commanding the board of education and treasurer of said district, to cause the amount thereof, with ten per cent interest and costs, to be paid to the party entitled to the benefit of said judgment, out of any moneys unappropriated of said district, and if there be no such moneys, out of the first moneys that shall be received for the use of said district; and to enforce obedience to such writ by attachment or by mandamus, requiring said board to levy a tax for the payment of said judgment; and all legal process, as well as- writs to enforce payment of a judgment, shall be served either on the president or clerk of said board. § 12. Said board shall, on or before the fifteenth day of August in each year, cause to be raised by taxation, for school purposes, including the payment of any debts due, or during the ensuing year to become due from said district, such an amount as they shall estimate will, together with the available means accruing from other sources, be re- quired for school purposes in said district for the ensuing year; and shall determine, as nearly as practicable, what rate per cent, not to exceed one j^er cent, unless the debts to be be paid require it, on all the taxable property in said district, must be levied to raise the amount so estimated, and shall make an order therefor, and the clerk shall enter the same upon the records of the board. It shall be the duty of the clerk of said board to make out a certified copy of said order, signed by the president of the board and attested by the clerk, and within ten days from the passage of said order, present the same to the clerk of the board of supervisors of Macon county. The tax so levied by the said board of education, shall be assessed and col- lected in the same manner and at the same time and by the same officers that State taxes are assessed and collected within the limits of said district, and the proceeds paid to the treasurer of said board of education, after deducting therefrom one-half the per centage allowed for assessing and collecting State taxes. § 13. The said board of education shall transact all business which may be necessary in relation to common schools in said district — First — They shall establish a sufficient number of common schools for the education of every person residing in said district over the age of 6 years and under the age of 21 years ; and shall make the neces- sary provisions for continuing said schools in operation at least nine months in every year, except the first year after the organization under this act. 193 Second — They shall cause suitable lots of ground to be procured, and suitable buildings to be erected, purchased or rented for school houses, and shall supply the same with fuel, furniture and apparatus; and may cause said buildings and other property to be insured; and shall make all other provisions, relative to schools, which they may deem proper. Third — They shall exercise general supervision over the common schools of the district, and shall, by one or more of their number or by their agent or agents, visit each one of said common schools, at least once a month, while they are in operation. Fou7'th — They shall appoint all the teachers of said common schools, establish rules respecting their qualifications and how the same shall be determined, fix the amount of the salary or compensation of its teachers, and may dismiss any teacher at any time. Fifth — They may direct what branches of learning shall be taught and what books shall be used in each school. Sixth — They shall have power to establish schools of different grades, and the rules and regulations for the admission of pupils into the same, having regard to the qualifications of the pupils ; and they may suspend or expel from the schools any pupil found guilty, on a full examination and hearing, of refractory or incorrigibly bad conduct. Seventh — They may lay off and divide said Decatur School District into local districts, and from time to time, alter the same, or create new ones as circumstances may require. Eighth — They may appoint a board of three persons in each local district, to be denominated district directors, and prescribe by estab- lished rules and regulations the powers and duties of such directors, and remove them at their pleasure. Ninth — They may appoint such other officers, committees or agents, as they shall deem best and most conducive to the well being of the schools and of school education in said Decatur School District. Tenth — And generally they shall have and possess all the rights, powers and authority necessary for the proper management of the schools and the school funds, with the power to make all such rules, orders and ordinances as they may deem necessary to carry their powers and duties into effect, and perfect a good system of public in- struction and common schools in said district. § 14. The several teachers of said public schools shall keep schedules of the pupils attending the schools, as is now required or may hereafter be required of teachers of schools by law; and the said board of education shall make returns and report to the State super- intendent of public schools or other proper officer, on all such matters and things as are or shall be required by law, and the direction of such superintendent or other proper officer of any county or township officer, and shall make such other reports as persons having the con- trol of public schools are or may be required to make by virtue of any law of this State. § 15. Said board shall, at the end of each year of their term of office, cause to be prepared and published in one or more of the news- —13 S L ' 194 papers published in the city of Decatur, a statement exhibiting the condition of schools for the preceding year, which statement shall be substantially as follows, viz: First — The whole number of schools which have been taught in said year. Second — What number of teachers have been employed in each school, stating the name of each teacher, the time employed and the compensation paid. Third — The whole number of scholars in all the schools, giving the number of males and females in each school separately, and the aver- age number in attendance. Fourth — The amount of all the funds received into the treasury during the year, and the sources from whence it was received, stating the amount received from each source. Fifth — The amount paid out for salaries, rent, fuel, furniture, etc. Sixth — The amoant and kind of unexpended funds on hand at the end of the year. Seventh — A statement of the total amount received and the total amount paid out for school purposes during the year. § 16. All of the territory which, at the time of the passage of this act, or at any time hereafter, may be embraced in the corporate limits of the city of Decatur, shall be included and constitute a part of De- catur School District, and any tract or tracts of land adjoining said district' may be annexed to it, on condition that three-fourths of the legal voters residing within the limits of such tract or tracts shall petition the board of education to be annexed to said district, and that their petition shall be granted by the unanimous vote of all the members of said board; whenever any territory shall be so annexed to and become a part of said district, all the provisions of this act shall be applicable to it in the same manner as they would have been if it had been embraced within the district at the time of the passage of this act. § 17. For any neglect or failure by the said board of education, or of any member thereof, to fulfill the duties required of or imposed upon them by any of the provisions of this act, they shall be liable to a penalty of fifty dollars, to be recovered in an action of debt, at the suit of any person who may complain; and any member of said board who shall appropriate to his own use any of the funds that may come to his hands, or under his control, belonging to said district for school purposes, shall be deemed guilty of a misdemeanor, and upon convic- tion thereof, shall be fined in any sum not exceeding five hundred dol- lars, and imprisoned in the county jail not exceeding one year. § 18. The provisions of the last preceding section shall be held to apply to the clerk, treasurer, or any other officer or agent elected or appointed in pursuance of this act. § 19. All prior acts or parts of acts inconsistent with the provi- sions of this act, are hereby repealed, and any act of the General As- sembly now in force or hereafter enacted, shall not be construed in 195 any manner to repeal, alter or change any of the provisions of this act, unless such act shall specifically provide for such repeal, altera- tion or change. § 20. This act is declared to be a public law, and shall take effect and be in force from and after its passage. Appeoved February 16, 1865. GALENA SCHOOL DJSTKICT. An Act to amend an act entitled ''An Act to reduce the law incor- porating the city of Galena and the several acts amendatory thereof into one act. and to amend the same, and for other purposes,'''' approved Jan. 30, 1857. Be it enacted hy the People of the State of Illinois, represented in the General Assembly: That the act entithsd "An act to reduce the law incorporating the city of Galena and the several acts amendatory thereof into one act, and to amend the same, and for other purposes," approved Jan. 30, 1857, be so amended that the chapter entitled "Schools and School Funds" shall read as follows: Section 1. The city of Galena, with such limits as are now or may hereafter be established, shall constitute one school district; and the city council of said city shall, by virtue of their ofiices, be the directors of the public schools in and for said district. 1. The only change made by the statute of 1879 is the substitution of a board of education appointed bj'' the mayor in place of the members of the common cotincil. None of the other powers, duties or authority are changed, and the members of the board of education as appointed and confirmed have all the powers originally vested in the members of the council. The school district is therefore operated, not under the general school law of the State, but under a special act of the Legislature. Schmohl v. Williams, 215-63. § 2. The said city council shall have full power and authority, and it shall be their duty, to establish, maintain and regulate, for at least six and not to exceed eleven months, in each year, a sufficient number of free schools, for the children in the district over 5 and under 21 years of age ; and may sue for and collect all moneys arising from any fund for the support of schools or for educational purposes, and to which the inhabitants of said district may now or hereafter be entitled; which money, when collected, shall be paid to the treasurer of the city of Galena, to be expended by said council for the support of free schools within the limits of said city, and for no other purpose. § 3. The city council shall have power and it shall be their duty; First — To grade the schools in said district, and make such sub- divisions of the district, for school purposes, as may be deemed ex- pedient. Second — To purchase or lease sites for school houses, with the necessary grounds, and to erect, hire or purchase buildings, for school purposes, and keep the same in repair. Third — To furnish schools with the necessary fixtures, furniture, libraries and apparatus. Fourth — To hire teachers and fix the amount of their compensation. 196 Fifth — To prescribe the studies to be taught in the different schools^ to make all needful rules and regulations, concerning the schools, and to determine upon what terms children residing outside of said district may attend the free schools of said district. Sixth — To cause to be made enumerations of the children of said district, residing in township twenty-eight, range one East, and twenty-eight, range one West of the fourth principal meridian, at the times and in the manner prescribed in the school law of this State. Said enumeration to be filed with the respective treasurers of said townships. Seventh — To appoint a board of school inspectors, not less than three nor more than five in number, and prescribe their duties, and delegate to them, if deemed expedient, any or all of the powers and duties mentioned in specifications one, three, four, five and six of this section. Eighth — To cause the public moneys, for the support of schools, to which the said city or the schools therein may be entitled, to be paid to the city treasury, and to direct the expenditure thereof. Ninth— To levy and collect taxes for the payment of all the expenses incident to the maintaining of free schools, and for all the purposes herein mentioned, the said taxes to be called "school taxes;" and the money arising therefrom, together with all other school moneys belonging to the city, shall be kept as a separate fund, to be used for none other than common school purposes. § 4. The city council shall cause to be prepared and forwarded to the school commissioner of JoDaviess county, on or before the second Monday of October, in each year, a statement of school statistics for said district, similar to that required of the trustees of schools of the various townships; which statement shall be certified to by the treasurer of said city; and it shall be the duty of said school commis- sioner at every apportionment of school moneys in his possession, to apportion to the said district a proportionate amount of said moneys, upon the same bases that apportionment is made to the several town- ships in the county of JoDaviess, and pay said amount, so appor- tioned, directly to the treasurer of the city of Galena, in the same manner as if the said district were a distinct township; and the school reports to said commissioner from townships twenty-eight, range one West, and twenty-eight, range one East of the fourth prin- cipal meridian, shall not include the school statisticts of the said district or any part thereof. § 5. The teachers of the free schools of said district shall be sub- ject to the provision of the school law, and shall make schedules of the scholars attending school in said district in accordance with sec- tion 53 of said law, especially specifying the township in which each scholar resides; and the school inspectors of said district shall certify to the correctness of said schedules. The schedules of said scholars, and who reside in township'^twenty-eight, range one West of the fourth principal meridian, shall, at least two days before the first Mondays in April and October, in each year, be filed with the treas- urer of said township. And it shall be the duty of the trustees of 197 schools of said township, at each semi-annual apportionment, to apportion to said district a proportionate amount of money, arising from the township fund, upon the same basis that apportionment is made to the districts in said township, outside of the city of Galena; and the amount so apportioned to the said district, shall be immedi- ately paid to the treasurer of the city of Galena by the treasurer of said township. A similar course shall be pursued with the schedules of the scholars in said district, and who reside in township twenty- eight, range one East of the fourth principal meridian, and a similar duty, as to apportionment and payment of money arising from the township fund of said township twenty-eight, range one East of the fourth principal meridian, shall devolve upon the trustees of schools and the treasurer of said last named township. § 6. The legal voters residing in said district shall have the right to vote for trustees of schools, for the township in which they respec- tively reside. § 7. This act shall be deemed a public act, and may be read in evidence, without proof, and judicial notice shall be taken thereof in all courts and places. § 8. All laws conflicting with this act are hereby so far modified and repealed as to give full effect and efiiciency to all the provisions of this act. § 9. This act shall take effect from and after its passage. Appeoved Feb. 20, 1861. GALESBUEG SCHOOL DISTRICT. An Act for the establishment of a system of graded schools for the city of Galeshurg. Section 1. Be it enacted hy the People of the State of Illinois, rejwesented in the General Assembly : That all the territory within the limits of the city of Galesburg, Knox county, Illinois, according to its present or future boundaries, is hereby erected into a common school district, to be known as Galesburg School District. § 2. All school lands, school funds, and other real or personal es- tate, notes, bonds or obligations, belonging to township number eleven North, and range one East of the fourth principal meridian, Knox county, Illinois, held or owned for school purposes, shall be divided between the city of Galesburg and the portion of the townshij^ with- out the same, in the proportion and manner following: The school trustees of said township shall, within 30 days after the first election contemplated by this act, appoint two commissioners, who are free- holders, one a resident of said city, the other of said township, with- out the city, who, after being sworn well and truly to discharge their duties, shall ascertain the whole number of white persons, under the age of 21 years, residing in the whole of said township, and the whole number in said city, and in the township without the city; and, there- upon, said trustees shall divide and apportion said funds, real and personal estate, notes, bonds and obligations of said tov/nship, be- 198 tween the city and the townshijp without the city, according to the number of white persons under the age of 21 years residing in said township. Said trustees shall have power to supply any vacancy oc- curring among said trustees. § 3. Said trustees, or other person or persons having custody or control of said funds or lands, shall pay over and deliver to the board of education of Galesburg school district the portion of the funds, and other personal estate, notes, bonds and obligations, to which the school district may be entitled, and execute and deliver to the board of education the necessary deeds and other conveyances for the share of real estate due said district under said division. § 4. The public schools of said district shall be under the exclu- sive management and control of a board of education, to consist of the mayor of said city, who shall be the president of the board, and one director from each ward of the city, to be known as "The JBoard of Education of Galesburg School District," each of whom, with the treasurer and clerk of said board, shall be sworn to discharge their diities with fidelity. § 5. Said board shall have exclusive control over the school lands, funds and other means of said district, for school purposes, and shall have full power to do all acts and things, in relation thereto, to pro- mote the end herein designed; may sell or lease said lands and other lands or property which may have been or may hereafter be donated, purchased or designed for school purposes in said district, on such terms, for cash or credit, and at such times as they may see proper; they shall have full power to receive conveyances or donations and to make the necessary deeds or leases for lands ; and all conveyances by the board shall be signed and acknowledged before some competent officer by the president and secretary of said board: Provided, hoio- ever, that no sale or lease of land for more than one year shall be made without the concurrence of live members of the board. A ma- jority of the directors, with or without the president, shall constitute a quorum for the transaction of business; and in the absence of the president they may appoint one of their own body president pro tem- pore. The coresident shall only vote in case of a tie, when he shall have a casting vote. § 6. Said board shall have full power to purchase or lease sites for school houses, with the necessary grounds therefor; to erect, hire or purchase buildings for school houses and keep them in repair; to fur- nish schools with necessary books, fixtures, furniture, apparatus and library or libraries ; to establish, conduct and maintain a system of public graded schools, to be kept in one Or more buildings in said dis- trict; to supply the insufficiency of school funds for the payment of teachers, and other school purposes, and expenses, by school taxes to be levied and collected as hereinafter provided; to determine the num- ber, make the appointment, and fix the amount of compensation of teachers, within said district, and of all other agents and servants: Provided, that the directors shall in no case receive any compensation for services as directors; to prescribe the studies to be taught and books to be used in said schools, including maps, charts, globes, etc. ; 199 to lay off and divide said district into smaller districts, and to alter the same, or erect new ones at pleasure; to pass by-laws, rnles and regulations to carry these powers into complete execution, and for the government of their own body, their officers, agents and servants, and providing for their meetings and adjournments, and, generally, to have and possess all the rights, powers and authority necessary for the proper establishment and control of an effective system of graded schools within said district; and they shall visit and inspect each and all the schools therein as often as may be necessary. § 7. It shall be the duty of the board of education, and they shall have full power to determine the amount of money needed and to be raised for school purposes, over and above the amount from the school funds hereinbefore enumerated, or from other sources: Provided, said board shall not for any one year require to be raised more than one-half of one per centum^ for the benefit of said schools, on the as- sessed value of the real and personal property of said city for such year, without a majority of the legal voters of said city authorize them to do so at an election to be held for that purpose, at such time, and conducted in such manner, as the board may direct; nor shall said board or said city council make any loan whatsoever for school pur- poses, without a previous authority by such vote; but with the con- currence of a majority of said voters, it shall be lawful to raise such sum, either by taxation or loan, as said board may see proper; and before the first day of August of each year, they shall determine the amount required to be collected by taxation for expenditure for one year from the first day of January then next ensuing, for school pur- poses generally, and certify the amount to the city council of Galesburg. § 8. It shall thereupon be the duty of the city council to levy said sum on all the real estate and personal property of said city, accord- ing to the assessment and valuation thereof, for the current year, equally, by a certain rate per centum, and collect the same as city taxes are collected. A special column shall be prepared ia the city duplicate, headed "School purposes," in which shall appear the amount of tax for school purposes, chargeable against each parcel of real estate or amount of personal proj^erty ; and when said taxes are collected the treasurer shall keep a separate account of the same, and they shall be used and applied for school purposes only, and shall be paid only on the order of said board. § 9. It shall be the duty of the board to cause an abstract of the whole number of white children, under the age of 21 years, within said district, to be made, and furnish the same, with such further informa- tion as is required in section 36 and 79 of the act to establish and maintain a system of free schools, approved Feb. 1(3, 1857, to the school commissioner of Knox county, Illinois, within ten days after the same shall have been ascertained; and the school commissioner shall pay, annually, to the said board, for the exclusive use of said district, the amount the district is entitled to receive from the funds that are or may be in his hands, subject to distribution, for the support and benefit of the schools in said countj^ in accordance with the provisions of the free school law now in force, the same as if no special charter had been conferred upon the schools of the city of Galesburg. 200 § 10. The city council of the city of Galesbiirg are hereby vested with full power to borrow such sums of money, being subject to the restriction contained in the 7th section of this act, as they may deem necessary for school purposes in said district, at a rate of interest not exceeding ten per centum, per annum, which may be made loayable semi-annually, at such place as may be agreed upon; and the money, when so borrowed, shall be placed under the control of the board of education. § 11. The board of education shall be elected by all the qualified voters of said school district, but one director shall reside in each of the wards of said city, and be a householder and freeholder thereof. The directors shall hold their offices three years from the day of their election, except that one-third of the first board elected under this act shall retire from office at the expiration of the first year, one- third at the expiration of the second year, and one-third at the expira- tion of the third year; and the period of their retirement shall be decided as follov/s: the clerk of the city council shall take six strips •of paper on two of which he shall write the words "One year," on two, "Two years," on two, "Three years;" each member-elect shall draw, and shall serve the period of time indicated by the words on the paper which he draws. An election shall be held annually, at the place where the city council of Galesburg hold their meetings, on the first Monday of June; at the first of which all of said directors shall be chosen; and at each election thereafter successors to the directors whose terms are about to expire. For the first election, the election officers shall be appointed by the city council of Galesburg, and notice thereof being published by said council ten days before the election in a newspaper of said city; but for each subsequent election said ap- pointments shall be made by the board of education, and notice given by them as aforesaid, and for what wards directors are to be chosen; and said election shall, in every other particular, the supplying va- cancies in the officers thereof, substituting the place for holding the place for holding the election, conducting the election, making the returns, etc., etc., be governed by the ordinance of the city of Gales- burg, in force at the time of election. Said board shall be the judges of the election and qualification of its members, and in determining the same, shall be governed by the city ordinance as aforesaid. All officers under this act shall hold their offices until the election and qualification of their successors. Removal from his ward, and not out of the city, by any director, shall not vacate his office; and whenever any vacancy shall occur in the office of director the city council of Galesburg shall supply the same, upon notice thereof by the board of education, but such appointment, so made by the city council, shall only continue until the next regular election of directors, when a suc- cessor shall be elected, who shall hold his office for the unexpired term only. § 12. The treasurer and clerk of the city of Galesburg shall be the treasurer and clerk of the board of education; and the board shall •determine their duties, compensation and amount of security to be given. 201 § 13. Said board shall cause all funds not needed for immediate use to be loaned, at the rate of ten per cent per annum, payable semi-annually in advance. No loan shall be for a longer period than five years, and, if exceeding one hundred dollars, shall be secured by unincumbered real estate, of at least double the value of the loan, without estimating perishable improvements; for any sum of one hundred dollars or under, good and satisfactory personal security may be taken. § 14. All notes and securities shall be to the board of education for school purposes; and the borrower shall be at all expenses of ex- amining titles, preparing and recording papers. § 15. In settling the estates of deceased persons, debts for school purposes shall be preferred to all others, except those attending the last illness of the deceased and his funeral expenses, excluding the physician's bill. § 16. If default be made in the payment of interest, or of princi- pal, when due, interest at the rate of twelve per cent per annum on the amount due shall be charged from the default, and may be re- covered by suit. Suit may be for the interest only, whether the principal be due or not; and if the interest be not paid within ten days after the same becomes due, the principal, at the option of the holder of the note, shall thereby become due, and may be recovered by suit, if necessary. § 17. All judgments for princijpal or interest, or both, shall draw interest at the rate of twelve per cent from the rendition of judg- ment ; and said board may purchase in property sold on execution or decree in their own favor, as other persons, with right of redemption, as in other cases. No judgment for costs shall be rendered against said board, to be paid out of the school funds. § 18. If the security for any loan or other debt due the school district, in the judgment of the board, become doubtful or insecure, they shall cause the debtor to be notified thereof ; and if he do not immediately secure the same, to the satisfaction of the board, the principal and interest shall thereby become due immediately and suit may be brought against all the makers of the note, although such condition or stipulation be not inserted in the note. § 19. The board of education shall publish, annually, a statement of the number of pupils instructed the preceeding year, the several branches of education pursued, the receipts and expenditures of each school, specifying the resources of such receipts, and the object of such expenditures. § 20. Said board shall have full power to admit persons who do not reside within said district into said schools, upon such terms as they may think proper. § 21. All free v/hite persons, over the age of 5 years and under the age of 21 years, residing within said district, shall be ad- mitted to said schools free or upon the payment of such rates of tuition as the board shall prescribe; but nothing herein contained shall prevent persons being suspended, expelled, or kept out of said school altogether, for improper conduct. 202 § 22. In purchasing or leasing grounds or buildings, for school purposes, said board of education may do so on credit; and when the price and conditions of the purchase or lease are agreed upon, the board may certify the same to the city council of Galesburg, and the council shall make, or cause to be made, to the proper party, the bonds or obligations of said city for the payment of the purchase money according to said terms ; or said board may execute in their own name, said contract, bonds or obligations, and they shall be binding upon said city, and the council shall provide for the payment of the same and the interest thereon as it becomes due, as though they were executed by the city of Galesburg and under her corporate- seal. § 23. This act shall be attached to the act incorporating the city of Galesburg and be considered a part of said charter. § 24. This act shall not take effect or be in force without a majority of the legal voters of said city decide in its favor, at an election for that purpose, to be held at such time and conducted in such manner as the council of said city may direct. Approved February 18, 1859. HEYWORTH SCHOOL DISTRICT. An Act to incorporate the Heyworth School District. Section 1. Be it enacted by the People of the State of Illinois,. represented in the General Assembly : That within the following; described boundaries, viz: commencing at the southeast corner of section 11, Town 21 N., R. 2 E. of third principal meridian, McLean county, Illinois; thence north two and three-fourth miles; thence west one-fourth mile ; thence north three-fourths of a mile to the northeast corner of the northwest quarter of the southwest quarter of section 26, T. 22 N., R. 2 E. of 3d p. m.; thence west two and one-half miles to the northwest corner of the east half of the southwest quarter of section 28; thence south one-fourth mile; thence west one-half mile;, thence south three-fourths of a mile ; thence west one-fourth mile .• thence south one-fourth mile; thence west one-half mile to the section line between sections 31 and 32; thence south three-fourths of a mile,. to the half-mile corner on the west side of section 5, T. 21 N., R. 2 E.; thence east one mile; thence south one-fourth mile; thence east one-half mile; thence south one and one-quarter mile, to the half- mile corner on the south side of section 9; thence east two and one- half miles to the place of beginning, is hereby constituted a school district, to be known as "The Heyworth School District." § 2. The government of said district, for school purposes, shall be vested in a board of seven directors, namely: Gen. R. G. Laughlin, Hon. Harrison Noble, Alpheus Millinner, Samuel Hill, Isaac Vanord- strand, Francis M. Philbrook and Jno. Kelly; five of whom shall be a quorum to transact business. § 3. Said board shall be styled the board of education of the Hey- worth School District, and shall hold their office for five years, and 208 until their successors are elected and qualified: Provided, that at the first meeting of the board they shall be divided by lot into seven classes — one of them to be of the first class, one of the second class, and so on through to the seventh class; and the seats of the first shall be vacated at the expiration of five years, when there shall be an elec- tion of one member of the first class; and annually thereafter, on the first Monday in August, there shall be an election of said classes suc- cessively, thus giving one new member to said board each year after five years ; and should a vacancy occur in said board, it shall be the dut}^ of said board to fill said vacancy. § 4. Meetings for elections shall be called by the board, by prev- ious notice being given of at least ten days of the time and place, and otherwise to be conducted as prescribed by our common school law, § 5. The said board of eductition shall be a body corporate and politic, and by that name and style may sue and be sued, plead and be impleaded, buy and sell land: and they may receive gifts, grants,, donations, bequests, legacies, etc., which may be made for school pur- poses ; and adopt such rules and regulations as they may deem neces- sary for the management of said district. They shall severally take an oath to discharge the duties of their office to the best of their abil- ities. § 6. It shall be the duty of said board to hold semi-annual meet- ings, on the first Tuesday of April and the first Tuesday of October in each year, and called or special meetings at any time. They shall organize by electing one of their number president, and one clerk, and shall appoint a treasurer, who shall not be a member of said board, and who shall give bond and security, to be approved by said board, and whose duty it shall be to receive all school funds belonging to said district, and disburse the same by order of said board, signed by its president and clerk; for which he shall receive no compensation. § 7. It shall be the duty of said board to levy a tax each year^ sufficient to carry on school at least six months, and not more than eight months, and also a tax sufficient to erect such buildings as may be necessary for the accommodation of all scholars wishing to attend such schools; and said board may borrow money for the use and benefit of said district. § 8. Said board may continue the schools after the six months' term, by assessing the scholars attending said schools, so as to de- fray the expenses thereof, in whole or in part. All assessments thus made shall be collected in advance from those wishing to attend, and shall be made according to the department to which the scholar be- longs: Provided, that not more than ten months' school shall be taught in any one year. § 9. All taxes levied by said board of education shall be collected in the same manner, and at the same time, and by the same officers, that the State and county taxes are collected in said district, and shall be paid over by the town collector to the treasurer appointed by said board; and it shall be the duty of the treasurers of towns 21 and 204 22 N., R. 2 E., to pay over to the treasurer appointed by said board the distributable share of all the school funds, of every description that may come into their hands, belonging to said district. § 10. The said board shall transact all business which may be necessary, in relation to any schools, school funds, taxes, enumera- tion of children, etc., in said district, and shall be the legal successors of the trustees, in every particular, of towns 21 and 22 N., R. 2 E., of the 3d p. m., within the bounds of said district. They shall ap- point all teachers, fix salaries of each teacher, and dismiss teachers or scholars at any time, for good cause shown; and, generally, they shall have and possess all the rights, powers and authority necessary for the pro]per management of the schools and school funds, with power to make all rules, orders and ordinances, as they may deem necessary to carry their powers and duties into effect, and perfect a good system of public instruction and common schools in said district. § 11. This act shall not affect or impair, in any way, the rights and privileges possessed at this time by said district in regard to drawing any State, county or township funds that said district may be entitled to by reason of the number of scholars attending said schools, or the number of days taught, or for any other cause, whether herein enumerated or not. § 12. In all points not enumerated in this act, the board of educa- tion shall be governed by the common school law of this State. § 13. All prior acts or x^arts of acts inconsistent with the pro- visions of this act are hereby repealed, and this act is declared a pub- lic law, and shall take effect and be enforced from and after its passage. Approved March 5, 1867. JACKSONVILLE SCHOOL DISTRICT. An Act to incorporate the City of Jacksonville, in the County of Morgan, and State of Illinois. Article XI. Section 1. All the territory within the limits of the city of Jack- sonville, in said county of Morgan, according to its present or future boundaries is hereby erected into a common school district. 1. Section 6, article 1, of the law relating to the incorporation of cities and villages provides, that in case of the organization of any city under it, its provisions shall apply to such city, and that all laws in conflict therewith shall no longer be applicable. The same section, however, further provides, that all laws or parts of laws not inconsistent with the provisions of that act shall continue in force and applicable to any such city or village, the same as if such change or organization had not taken place. In the general incorpor- ation law no provision whatever is made in relation to the establishment, or- ganization or government of common school districts, or the maintenance therein of common or graded schools, and as it in no way attempts to deal vsdth the subject of schools, it seems perfectly plain that article 11 of the special charter of the city of Jacksonville is not, and cannot be inconsistent with the provisions of the g-eneral law. Smith v. The People, 154-58. 205 § 2. All school funds from whatever source derived, belonging to township No , Morgan county, Illinois, held or owned for school purposes, shall be divided between the city of Jacksonville and the portion of the said township without the same, in the proportion and manner following: The school trustees for the several districts of said township shall within thirty days after the first election con- templated by this act, appoint two commissioners who are free holders, one a resident of the said city, and the other of said township without the city, who, after being sworn well and truly to discharge their duties, shall ascertain the whole number of persons under the age of 21 years residing in the whole of said townshij^, and the whole num- ber in said city, and in the township without the city; and thereui3on said trustees shall divide and apportion said funds of said township between the city and the township without the city, according to the number of persons under the age of 21 years residing in said town- ship. Said trustees shall have power to supply any vacancy occur- ing among said commissioners. § 3. The members of the board of education, representing the dif- ferent wards, shall hereafter be elected by the people at the city elec- tions of city officers, and shall go out of office as follows: Two at the end of one year, and two at the end of two years ; and that after the first election of said board, to-wit: At the next election of city officers, they shall cast lots, in the presence of the city council, for the long and short terms of office, and the two upon whom the lots for the short term shall fall shall go out of office at the end of one year, and the other two at the end of two years, and the city council shall make a record thereof; and after the first election of the board of education, that two members shall be elected each year, in conformity with this amendment. (As amended by an act approved March 29, 1869). 1. The act of 1887 providing- that school districts acting- under special charters may hold elections at the time provided by general lav/ for the elec- tion of school directors, and that such election may be held at such place in the school district as may be designated by the board of directors or board of education, was repealed by the act approved May 31, 1889, revising the school law^. Smith v. The People, 154-58. § 4. Said board shall have the exclusive control over the school lands, funds and other means of said district for school purposes, and shall have full power to do all acts in relation thereto; to promote the end herein designed, may sell or lease said lands or other lands or property which may have been or may hereafter be donated, pur- chased or designed for school purposes in said district, on such terms, for cash or credit, and such time as they may see proper; they shall have full power to receive conveyances or donations, and to make the necessary deeds or leases of lands; and all conveyances by the board shall be signed and acknowledged before some competent officer by the president and secretary of said board: Provided, however, that no sale or lease of land for more than one year shall be made without the concurrence of said board of education. A majority of the direc- tors, with or without the president, shall constitute a quorum for the transaction of business, and in the absence of the president, they may appoint one of their own body president pro tempore. The president shall only vote in case of a tie, when he shall have a casting vote. 206 § 5. Said board shall have full power to buy or lease sites for school houses, with the necessary grounds therefor, to erect, hire or purchase buildings for school houses, and keep them in repair; to furnish schools with necessary books, fixtures, furniture, apparatus, and library or libraries; to establish, conduct and maintain a system of graded schools, to be kept in one or more buildings in said school district; to sujoply the insufficiency of school funds for the payment of teachers, and other school purposes and expenses, by school taxes, to be levied and collected as hereinafter provided; to determine the number, make the appointment and fix the amount of compensation of teachers within said district, and to appoint a general superinten- dent of schools, prescribe his duties and fix his salary; and to appoint all other agents and servants, and fix their pay. Provided, that the said directors shall in no case receive any compensation except such as may be determined and fixed by the city council ; to prescribe the studies to be taught, and books to be used, including maps, charts, globes, etc.; to lay off and divide saiddistrict into smaller districts, and to alter the same, or to erect new ones at pleasure; to pass by-laws, rules and regulations to carry their powers to complete execution, and for the government of their own body, their officers, agents and servants ; and providing for their meetings and adjournments, and generally to have and possess all power and authority necessary for the proper estab- lishment and control of an effective system of graded schools within said district; and they shall visit each and all the schools therein as often as may be necessary. § 6. It shall be the duty of said board of education, and they shall have full power to determine the amount of money needed and to be raised for school purposes, over and above the amount from the school funds hereinbefore enumerated, or from other sources: Provided, said board shall not for any one year require to be raised more than one per centum for the benefit of said schools, on the assessed value of the real and personal property of said city for each year, without a majority of the voters of said city authorize them to do so, at an elec- tion to be held for that purpose at such time, and conducted as the board may direct, nor shall said board or city council make any loan whatsoever for school purposes, without a previous authority by such vote; but with the concurrence of a majoricy of such voters, it shall be lawful to raise such sum either by taxation or loan, as said board may see proper; and the first day of August of each year, they shall determine the amount required to be collected by taxation for expen- diture for one year from the first day of January the next ensuing, for school purposes generally, and certify the amount to the city council of Jacksonville. § 7. It shall thereupon be the duty of the city council to levy said sum or so much therof, as they may deem necessary, on all the real estate and personal property of said city, according to the assessment and valuation thereof, for the current year, equally, by a certain rate pet centum, and collect the same as city taxes are collected. A special column shall be prepared in the city duplicate, headed "school X)urposes" in which shall appear the amount of tax for school pur- poses, chargeable against each parcel of real estate, or amount of per- 207 sonal property, and when said taxes are collected, the treasurer shall keep a separate account of the same, and they shall be used and ap- plied for school purposes only, and shall be paid only on the order of said board. § 8. It shall be the duty of the board to cause an abstract of the whole number of children under the age of 21 years, within said district, to be made, and furnish the same with such further in- formation as is required in sections 86 and 79, of an act to establish and maintain a system of free schools, approved February 16th, 1847, to the school commissioner of Morgan county, Illinois, within ten days after the same shall have been ascertained, and the school com- missioner shall pay annually to the said board for the exclusive use of said district, the amount the district is entitled to receive from the funds that are or may be in his hands, subject to distribution for the support and benefit of the schools in said county, in accordance with the provisions of the free school law now in force, the same as if no special charter had been conferred upon the schools of the city of Jacksonville. § 9. The city council of the city of Jacksonville are hereby vested with full power to borrow such sums of money, being subject to the restrictions contained in the seventh section of this act, as they may deem necessary for school purposes in said district, at a rate of in- terest not exceeding ten per centum, per annum, which may be made payable semi-annually at such place as may be agreed uj)on, and the money when so borrowed, shall be placed under the control of the board of education. § 10. The treasurer and clerk of the city of Jacksonville, shall be the treasurer and clerk of the board of education, and the board shall determine their duties, compensation and amount of security to be given. § 11. Said board shall cause all funds not needed for immediate use, to be loaned at the rate of 10 per centum, per annum, payable semi-annually in advance. No loan shall be made for a longer period than five years, and if exceeding $100.00, shall be secured by unen- cumbered real estate of at least double the value of the loan, without estimating perishable improvements. For any sum of $100.00 and under, good and satisfactory personal security may be taken. § 12. All notes and securities shall be to the board of education, for school purposes, and the borrower shall be at all expenses of ex- amining titles, preparing and recording papers. § 13. In settling the estates of deceased persons, debts for school purposes shall be preferred to all others, except those attending the last illness of the deceased, and his funeral expenses, including the physician's bill. § 14. If default be made in the payment of interest, or of the principal when due, interest at the rate of 12 per centum, per annum, on the amount due shall be charged from the default, and may be re- covered by suit. Suit may be for the interest only, whether the principal be due or not, and if the interest be not paid within ten days 208 after the same becomes due, the principal at the option of the holder of the note shall thereby become due, and may be recovered by suit if necessary. § 15. All judgments for principal or interest or both, shall draw interest at the rate of ten (10) per cen/ from the rendition of judgment, and said board may purchase in property sold on execution or decrees in their own favor, as in cases. No judgment for costs shall be ren- dered against said board, to be paid out of the school funds. § lb. If the security for any loan or other debt due the school district, in the judgment of the board becomes doubtful or insecure,, they shall cause the debtor to be notified thereof, and if he shall not immediately secure the same to the satisfaction of the board, the principal and interest shall thereby become due immediately, and suit may be brought against all makers of the note, although such condi- tion or stipulation be not inserted in the note. * *- -* * * * * § 18. All officers under this act shall hold their offices until their successors are appointed and qualified; removal from his ward by any director, shall vacate his office, and whenever a vacancy shall occur in the office of director, the city council of Jacksonville shall supioly the same iipon notice thereof by the clerk of said city, which appointment shall be for the unexpired term only. 1. Where a charter provides that members of school boards shall hold office until their successors are appointed and qualified, a failure to hold an elec- tion during any year does not dissolve the board or create a vacancy. Smith V. The People, 154-58. 2. The adoption of minority representation in a city council, pursuant to the general law, v^rhich throws the election of the city officers into every second year, does not abrogate a provision of the special charter of such city that members of the board of education shall be elected annually. Ibid. § 19. Said board of education shall publish annually the state- ment of the number of pupils instructed the preceding year, the sev- eral branches of education pursued, the receipts and expenditures of each school, specifying the sources of such receipts and the object of such expenditure. § 20. Said board shall have the power to admit persons who do not reside within said district into said school upon such terms as may be agreed. § 21. All free white persons over the age of 6 years and under the age of 21 years, residing within said district, shall be admitted to said school free, or upon the payment of such rates of tuition as the board shall prescribe, but nothing herein contained shall prevent persons being suspended, expelled or kept out of said school altogether for improper conduct. (As amended by an act approved March 29. 1869.) § 22. There shall be maintained at least one school for colored children, to be under control of the board. § 23. In purchasing or leasing grounds or buildings for school purposes, said board of education may do so on credit, and when the price and condition of the purchase or lease is agreed upon, the board may certify the same to the city council of Jacksonville, and the city 209 council shall make or cause to be made to the proper party the bonds or obligations of said city, for the payment of the purchase money according to said terms, or said board may execute in their own name said contract, bond or obligation, and they shall be binding upon said city: Pr'ovided, a majority of the city council shall consent to the same; and the city council shall provide for the payment of the same and the interest thereon as it becomes due, as though they were exe- cuted by the city of Jacksonville, and under her corporate seal. Appeoved Feb. 15, 1867. JOLIET SCHOOL DISTRICT. An Act to reduce the law incorporating the city of Joliet and the several acts amendatory thereof into one act, and to amend the same. Chaptee XI. Section 1. The city of Joliet shall be divided into two school districts, as follows: All that portion of the city lying west of the Desplaines river shall constitute District Number One, and all that lying east of said river shall constitute District Number Two. § 2. There shall be elected at the first election held under this act, three school inspectors in each school district; one in each district to hold his office one year, one two years, and one three years, to be de- termined by lot, so that one inspector shall be elected in each district in each year thereafter to hold his office for three years. § 3. That all buildings, lots and property belonging to the several school districts within the jurisdiction of said city, are hereby vested in said city for school purposes. § 4. The city council shall have power: First — To build, erect, repair, purchase, hire or lease buildings for school houses and other school purposes. Second — To buy, condemn and appropriate, or lease sites and lots for school houses and the necessary grounds. Third — To furnish schools and school houses with the necessary library, furniture, apparatus, fixtures, appurtenances and conven- iences. Fourth — To establish and maintain schools, and to levy and collect taxes for the payment of teachers, and all other expenses necessary for the proper support of such schools. Fifth — To fix the amount of compensation to be allowed to teachers. Sixth — To prescribe the school books to be used and the studies to be used in the different schools. Seventh — To prescribe the duties of the board of school inspectors. Eighth — To demand and receive from the trustees of schools of township 85 North, range 10, in the county of Will, and from the treasurer of the school fund of said township, semi-annually, such portion of the interest of said school fund and such other funds as the school districts of said city, or the schools therein, are now or hereafter may be by law entitled to receive. —14 S L 210 Niiith— And generally have and possess all the rights, powers and authority necessary for the proper regulation and management of schools in said city, and to enact and enforce such ordinances, by- laws and regulations as may be necessary to carry their powers and duties into effect. § 5. It shall be the duty of the board of school inspectors on or before the last Tuesday in each school year, to publish in the corpor- ation newspaper a full report of the number of pupils instructed in the year preceding; the several branches of education pursued by them; the amount paid to each teacher; the incidental expenses of each school, and the receipts and expenditures of the respective schools, specifying the sources of such receipts and the object of such expenditures. § 6. That all that part of section 3 which is east of the Desplaines river, the whole of section 2, the west half of section 11, the east quarter of section 10, in township' 35 North, range 10 East of the 3rd principal meridian, be, and the same are, added to and made a part of the School District No. Two, and section 4, and that part of sec- tion 3 lying west of the Desplaines river in the same township, is hereby added to and made a part of School District No. One, in said city of Joliet, for school purposes and for no other, and the said city is hereby fully authorized and empowered to levy and collect taxes on all property of all kinds in said territory hereby annexed, the same as in other parts of said city, for the erection of buildings, leasing and repairing school houses, and furnishing the same, purchasing libraries and the necessary apparatus therefore, and support and maintenance of schools, and for all other school purposes, and for no other pur- pose; and to have and exercise all neccessary jurisdiction over said territory, and the property and rights of property therein, fully to carry out and into effect the provisions of this section; and the legal voters of said territories hereby attached, are hereby authorized to vote for school inspectors of said city or in any ward of said city, in their respective school districts, and are hereby declared eligible to the office of school inspectors in their respective school districts. Separate ballot boxes for each ward shall be provided, in which the inspectors of election shall receive all votes cast for school inspectors, the names for which shall be on a separate ticket. Approted Jan. 31, 1857. JOLIET SCHOOL DISTRICT AGAIN. An Act to provide for the election of boards of inspectors in certain cases. Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly : That in every city in this State whose schools have been oi3erating under the provisions of spe- cial acts and are governed by a board of school inspectors, and where such city, together with territory added thereto for school purposes, includes two districts for the purpose of electing six insjDectors (three 211 ill each district) and one district for all other school purposes, there shall continue to be elected a board of school inspectors, consisting of six members (three in each district) and one inspector at large, who shall be chosen for a term of three years. § 2. Such board of inspectors, when elected and qualified, shall have power, in addition to the powers conferred upon it by special law and the general school law, to employ teachers, janitors and such other employes as the board of inspectors shall deem necessary and to fix the amount of their compensation; to buy or lease sites for school houses, with the necessary grounds; to build, erect, lease or purchase buildings suitable for school purposes; to repair and im- prove school buildings and to furnish them with the necessary sup- plies, fixtures, apparatus, libraries and fuel: and such board of in- spectors shall have full power, and it shall be the duty of such board of inspectors to take the entire supervision and control of the schools of such district. § 3. The board of school inspectors shall have the power to levy a tax, annually, upon all of the taxable property of such district, in the manner provided by article 8 of the general school law, for the pur- pose of maintaining free schools, in accordance with the powers con- ferred by section 2 of this act. All moneys raised by taxation for school purposes, or received from the State common school fund, or any other source, or now held or hereafter collected for school pur- poses, shall be paid to and held by the township treasurer as a special fund for school purposes, subject to the order of the board of school inspectors, upon warrants signed by the president and secretary thereof, or a majority of said board. 1. The taxing- power should not be held to exist in a body seeking" to exer- cise such power unless the power is conferred upon such body in clear and unequivical terms. People v. Mottinger, 215-256. § 4. The title, care and custody of all school houses and school sites belonging to such districts shall be vested in the trustees of schools of the townships in which such districts are situated: Pro- vided, however, that the supervision and control of such school houses and school sites shall be vested in the board of inspectors of such dis- tricts. § 5. The trustees of schools of townships in which such districts are situated are hereby vested with the power to alter or change the boundaries of such school districts when petitioned as provided for by the general school law. § 6, "An act extending the powers of boards of school inspectors elected under special acts," approved June 19, 1893, as amended by an act approved June 11, 1897, and an "Act increasing the number of school inspectors elected under special acts from six to seven mem- bers," approved March 6, 1895, and all other acts and parts of acts inconsistent with the provisions of this act are hereby repealed. Appeoved May 12, 1905. 212 KANKAKEE SCHOOL DISTRICT. An Act to incorporate the Kankakee School District Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That the territory embraced within the limits described as follows, to-wit: Commencing at the southwest corner of fractional section number thirty-one, in township number thirty-one North, of range number twelve East, in Kankakee county; thence running north to the northwest corner of said section; thence east to the center of section number thirty-three, in said town- ship and range; thence south to the south side of said township; thence to the north and south line of the center of section number four, in township number thirty North of range number thirteen West, in said county, and thence south to the Kankakee river; thence down said river to a point where the north side of fractional section number eight, in said last mentioned township, strikes said river; thence west along the north sides of said section number eight and section num- ber seven, to the west side of said last mentioned township; thence north to the northwest corner thereof; thence west to the place of be- ginning, shall constitute a school district, to be kno"wn as the Kanka- kee School District. § 2. The government of said school district shall be vested in a board of education, to be composed of six persons, to hold their offices for three years, and until their successors are ejected and qualified; and the said board of education are hereby declared a body politic and corporate, by the name and style of "The Board of Education of the Kankakee School District"; and by that name may sue and be sued, and receive the title to real estate conveyed to the said school district, and sell and convey real estate belonging to said board or said district; and all school houses, property and real estate belonging to the school districts embraced within said school district, is hereby conveyed and vested in the said board of education, in fee simple; and the said board of education are hereby made the successors of the directors of all schools of the school districts merged in or embraced within the limits of said district ; and all documents, contracts, indent- ures, or instruments in writing, made or issued by said board, shall be signed by the president thereof, and attested by the clerk thereof. § 3. On the first Monday of August, A. D. 1865, there shall be elected, by the electors of said school district, six persons to consti- tute said board of education; and upon their first meeting, they shall cast lots for their respective terms of office, two to serve one year, two to serve two years, and two to serve three years; and on the first Mon- day of August, annually, thereafter, there shall be elected by said electors of said district, two persons as members of said board of edu- cation, and also, persons to fill any vacancies in said board for unex- pired terms, when they occur. Ten days' previous notice of such elections shall be given by the clerk of said board, by posting up five notices, of the time, place and purposes of such election, in the most public places in said school district. Said elections shall be held at 213 the court house in said school district, and shall be by ballot. The president of said board, and one member thereof, shall be judges of such elections, and the clerk of said board shall be the clerk of said elections; but if any of said officers shall fail to attend, or refuse to act, the electors assembled shall, viva voce, choose persons to act as such judges and clerk. A poll book shall be kept by the clerk, regis- tering the names of the voters; and the persons receiving the highest number of votes cast shall be declared elected. In case of a tie in any election, the judges of election shall decide the same by casting lots on the day of the election. The elections shall be opened at the hour of 1:00 o'clock p. m., and shall be closed at the hour of 4:00 o'clock p. m.; and the judges and clerks shall certify, to the board of education, the names of the persons who were elected members of said board, and the number of votes each person voted for received. If, between the times of the annual election, any vacancy shall occur in said board, by death, removal from said district, or resignation, the remaining members of said board shall appoint a person to fill such vacancy until the next annual election. § 4. On the second Monday of August, in each year, said board of education shall meet together, and organize by electing one of their number president of said board, and another of their number clerk of said board, and shall appoint a treasurer of said school dis- trict, who shall not be a member of said board, and shall hold his office for three years, and until his successor shall be appointed, but may be removed at any time by said board, and his successor ap- pointed. Said president and clerk shall hold their offices for one year. The clerk of said board shall be present at all meetings of said board, and record the proceedings of such meetings, in records to be kept for that purpose; and the result of the aforesaid elections and appointments shall be entered in such records ; and said proceedings, when recorded, shall be signed by the president and attested by the clerk of said board; and the same or certified copies thereof, under the hand of said clerk, shall be prima facie evidence in courts and elsewhere. Said board shall also meet on the first Mondays of the months of November, February and May, in each year, and may adjourn from time to time, as they may think proper; and the presi- dent or any two members of said board may call special meetings thereof, whenever it may seem proper. Four members of said board shall constitute a quorum for the transaction of business ; and in the absence of the president or clerk, the board may appoint a president or clerk pro tempore; and upon the death, removal from said dis- trict, or resignation of the president or clerk, the said board shall elect persons to fill such vacancy for the unexpired term. § 5. The said board of education shall have the following powers? besides those hereinbefore mentioned: First. — They shall provide common schooling for all persons re- siding within said school district, between the ages of five years and twenty-one years, for not less than eight months of each year. Second. — They shall have control of all school houses, school lots and school property within said school district; shall have piower to 214 purchase lots for the erection of school houses thereon, and erect or hire buildings for school houses, and keep the same in repair, and furnish schools with necessary fixtures, furniture, books, apparatus and libraries. Third. — Whenever said board of education shall be of the opinion that any of the real estate belonging to said board or said district has become unnecessary, unsuitable, or inconvenient, or shall, in any way, deem it proper to sell such real estate, they may sell and convey the same; and all such conveyances shall be signed by the president of said board, for and [in] behalf of said board. Fourth. — They shall appoint all teachers of the schools of said dis- trict, fix their salaries or compensation, and may dismiss such teachers at any time. Fifth. — They shall direct what branches of learning shall be taught, and what books shall be used in the schools. Sixth. — They shall establish schools or departments of diflPerent grades, and may, either themselves, with the aid of the principal teacher of the highest grade or department of the schools of said district, or through a committee of three examiners, to be appointed by said board, including said teacher, examine scholars, in advancing them from grade to grade; and upon passing a sufficient examination, upon completing the branches of learning directed by said board, scholars shall be entitled to a certificate from said board, under the hand of said president, and attested by said clerk, that such scholar has graduated at the said school ; and they shall make all necessary rules and regulations for the admission of pupils, and the govern- ment of the schools of said district; and may suspend or expel pupils guilty of refractory or incorrigible conduct, or possessed of any in- fectious or contagious disease, and may appoint agents and servants upon any matter conducive to the interests of said district. Seventh — For the purpose of building a high or central school house, and other school houses and additions thereto, and repairing and im- proving the school houses of said district, and purchasing lots or real estate for such buildings, and libraries and apparatus, it shall be law- ful for said board to borrow money, at a rate of interest not to exceed 10 per cent per annnm, and issue bonds therefor, in sums of not less than $100, which bonds shall be signed by the said president, and attested by the said clerk, for and in behalf of said board: Provided, that the bonds issued by said board, and outstanding, shall not at any one time exceed 2 per cent, on the dollar of the assessed value of the real and personal property of said district; and the said board shall, prior to the second Monday of September, annually, estimate the amount of money necessary to be raised by a special tax for school purposes in said district during the ensuing year, and find what rate per cent, this amount will require to be levied, which shall not exceed 2 per cent, on the assessed value of the real and personal property of said district, and which rate shall be certified by the said president, and attested by said clerk, and returned to the clerk of the county court of Kankakee county, on or before the second Monday of Sep- tember, annually ; and which certificate may be in the following form : '2i6 We hereby certify, that the board of education of Kankakee School District requires the rate of per cent, on the dollar to be levied on the taxable property of said school district, for the year 18. ., for school purposes. Dated this day of , A. D. 18. . A B , President. Attest: C D , Clerk. The money thus raised shall be appropriated by the said board to the various objects for which it was intended, and shall be collected in the same manner as school taxes are collected under section 45 of the act entitled "An act to establish and maintain a system of free schools," approved Feb. 18, 1857, or any laws of this State that may hereafter be passed for the collection of school taxes, and shall be paid over by the collectors to the treasurer of said district. § (3. The treasurer of said school district, within ten days after his appointment, shall execute a bond, with two or more good and suffi- cient sureties, to be approved by said board, to be filed with the clerk thereof, in a penalty to be fixed by and running to said board, condi- tioned that he would keep, and, from time to time, pay over all moneys, upon the order of said board, that he should receive as such treasurer, and deliver over to his successor in office all books, papers, securities, property, and moneys in his hands as such treasurer, and faithfully discharge the duties of his office; and it shalJ be the duty of said treasurer to receive and keep all moneys of the said board; and all moneys due said board shall be paid to said treasurer, and shall keep a true and accurate account of the same, and of all moneys he shall pay out, in a record to be kept for that purpose, and shall pay out no moneys excepting on the order of said board, and shall retain vouchers for all moneys he shall pay out, and shall receive 1 per cent, upon all moneys received and paid out by him, for his services; and he shall settle with the said board at least once in each year, and oftener, if the said board shall require. All orders of said board on the said treasurer shall be signed by the president, and attested by the clerk, and shall state for what purpose given ; and a minute of the same shall be made by the clerk in the proceedings of said board. § 7. The said school district shall be entitled to receive a pro rata share of the State, county and township school funds, the same as given to other school districts of Kankakee county; and the said board shall require the teachers or the principal teacher of the schools of said district, shall keep and return schedules, according to section fifty-three of the above mentioned act, and according to any laws that may hereafter be made in this State upon said subject, amending or changing the same; and separate schedules, containing the list of scholars living in township number thirty North of range number thirteen West, in Kankakee county, and those living in township number thirty-one North of range number twelve East, in said county, shall be made for each township; and the clerk of said board shall cause said separate schedules, or copies thereof, under his hand, to be filed with the township treasurers of said townships, before the semi-annual meetings of the trustees of schools of said townships, in the months of April and October in each year, or other times that may be fixed by law for the distribution hereafter mentioned; and 216 said trustees of schools shall distribute to said school district a pro rata share of the amount of State, county and township funds, accord- ing to the number of children under twenty-one years of age, and the attendance certified in said schedules or copies, or according to any other basis upon which said funds shall be distributed, as may here- after be fixed by law, in the same manner and proportion as made to other school districts of said townships, which shall be paid over by the said township treasurers to the treasurer of said district; and in case of any irregularities or omissions in said schedules, or the copies thereof, or neglect in not making or filing the same with said township treasurers, as aforesaid, the said trustees of schools, or other distributing ofiicers that may be hereafter created, shall not fail to distribute to said school district its share of said funds on that account, but shall proceed to obtain a correct enumeration of children, if no enumeration has been made, and statement of such attendance upon the schools of said district, or require such enumerations and schedules, or copies thereof, to be made; and it shall be the duty of the said board to cause the said clerk to certify to the said trustees of schools of said townships, on or before the last day of September, in each year, the number of children under twenty-one years of age, and between the ages of five years and twenty-one years, living in said separate townships of said school district, and any and all other information called for under the common school law. (Repealed by an Act approved February 22, 1867; revived by an Act approved March 24, 1869.) § 8. No person shall be qualified to serve as a member of the said board, or to be an elector at any of the foregoing elections, unless he shall have been, for thirty days previous thereto, a resident of said school district, and a citizen of the United States, either by birth or naturalization. § 9. That the directors of schools of the different school districts now embraced within the said school district shall compose a board of education for said school district, until the election of said board next August, as above provided for; and that the said directors, as such board of education, shall assemble at the court house, in said district, on the first Monday of April next, and organize by appoint- ing one of their member president, and another clerk of the said board; and also, shall appoint a treasurer of said district, to hold his office until the ensuing election. § 10. The treasurers of the above mentioned townships shall pay over to the treasurer of said district all moneys and funds belonging to the several districts embraced within said school district; and the said school district shall pay the debts and liabilities of the said school districts embraced within said district; and the inhabitants living within said school districts so thrown in said district, but out- side the limits of said district, shall have the privilege of sending their youths and children to the schools of said district, until the first day of April, A. D. 1866, but this section is not intended to apply to those school districts where their school houses are outside the limits of said district. 217 § 11. The said board of education may admit pupils from other parts of Kankakee county, and elsewhere, upon such terms and charges of tuition as they may deem proper. § 12. This act shall be deemed and taken to be a public act, and shall be in force from and after its passage. Approved Feb. 16, 1865, KANKAKEE SCHOOL DISTEICT AGAIN. An Act to amend an act entitled, ''An act to incorporate the Kanka- kee School District,^ approved Feb. 16, 1865. Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly : That the board of education may issue bonds in conformity with the provisions of said act, to the amount of $30,000.00; but that the bonds issued by said board and outstanding, shall not at any one time exceed that amount. § 2. That all that portion of township number thirty-one (31), of range number (12) East of the third principal meridian, which lies on the west side of the Kankakee river, be and the same is hereby ex- cluded from said school district. ^ ^ ^ ^ ^ ^ ^ § 4. All prior acts or parts of acts inconsistent with the provis- ions of this act are hereby repealed. § 5 This act is declared to be a public law, and shall take effect and be in force from and after its passage. Approved Feb. 22, 1867. KANKAKEE SCHOOL DISTRICT AGAIN. An Act to amend an act entitled '■An act to incorporate the Kan- kakee School District,'' approved Feb. 16, 1865. Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly : That the board of education of said school district shall have power to issue bonds, at a rate of in- terest not to exceed \0 per centum, per annum; but that the whole amount of such bonds outstanding at any one time shall not exceed $40,000.00. § 2. The said board of education shall have power to levy upon the taxable property of said district, annually, a tax not exceeding ten mills upon the dollar of such taxable property, to pay interest upon such bonds and indebtedness. 1. A school district which has issued bonds to the full amount limited by its special charter for building- purposes may levy a tax for building purposes at the legal rate, and any surplus remaining after paying matured bonds issued for building purposes, and interest on outstanding ones, may be used for building purposes. Cincinnati, Lafayette & Chicago Railway Company v. TJie People, 206-387. § 3. This act shall take effect and be in force from and after its passage. Approved March 30, 1869. 218 KICKAPOO UNION SCHOOL DISTRICT. An Act to establish and form the Kickapoo Union School District, Section 1. Be it enacted hy the People of the State of Illinois, represented in the General Assembly: That ail that district of country lying in townships twenty-two (22) and twenty-three (23) North, range three (3) East of the third principal meridian, in the coun- ty of McLean and State of Illinois, and embraced within the following boundaries, to- wit: Commencing at the southeast corner of section twenty-eight (28), township twenty-three (28), range three (3) East, running north one-quarter (^) mile, thence west one and one-half (1^) mile, south one-fourth (^) mile, thence west one-half (^) mile, south one-fourtli (^) mile, west one (1) mile, south three-fourths (f) mile, to the town line between township twenty- two (22) and twenty-three (23), thence east one (1) mile, south one-half (^) mile, east one-fourth (^) mile, south one-half (|) mile, east one-fourth (^) mile, south one- half (I) mile, east one-half (^) mile, south one and one-half (1|) mile, east one and three-fourths (If) miles, north one and one-fourth (1^) mile, east one-fourth (^) mile, north three-fourths (f ) mile, west one- fourth (^) mile, north one-half (^) mile, west one-half (|) mile, north one-half (^) mile to the town line between the townships before men- tioned, thence north one (1) mile, west one-fourth (^) mile, to the place of beginning, is hereby made and constituted a permanent school district by the name of "The Kickapoo Union School District," and that no territorj^ shall ever be taken therefrom, except by act of Legislature. § 2. That the public schools of said district shall be under the exclusive management and control of six persons, to be elected and qualified as hereinafter specified, and known as "The Board of Edu- cation of Kickapoo Union School District;" which board of education and their successors in office shall be a body corporate and politic, by the name and style aforesaid, and may have a common seal and change the same at pleasure, and, as such board, may contract and be contracted with, sue and be sued, plead and be impleaded, in any court of law and equity in this State, and as such board and in such name, shall be the legal successors of the trustees of schools and school directors in the territory embraced herein, and shall be and are hereby invested, in their corporate capacity, with the title, care, custody and control of all lands, lots, schools houses and buildings, school libraries and apparatus, and shall receive all money and other property belonging or in any way accruing to said district or to any part thereof, for the use and benefit of public schools therein, with full power to use and control the same in such manner as they may think will best promote the interests of the public schools and the cause of free education, not inconsistant with this act ; and said board shall, also be capable of receiving any gift, grant, bequest or devise of real or personal property made for the use and benefit of public schools in said district ; and all moneys accruing to said district for school purposes under any law of this State shall be paid over to the treasurer of said board of education. 219 § 3. That, for the purpose of organization, the following persons, viz: A. M. Savidy, James Montgomery, J. B. Weaver, P. B. Price, T. B. Savidy and T. Z. Hall, shall be and are hereby made and con- stituted a board of education for said district, until the next regular time of holding elections for school directors established by the gen- eral school law of this State, and until their successors are elected and qualified, at which time the qualified electors of said district, shall, upon the usual notice being given, elect six (6) members of said board, who, with their successors in ofiice, shall compose and constitute said board of education and first incorporators under this act, two of whom shall serve for one year, two for two years, and two for three years. The time that each shall serve shall be determined by lot, and annually thereafter there shall be chosen, in the same manner, two members of said board, each of whom shall serve for the period of three years and until their successors are elected and quali- fied. Such intermediate vacancies as may occur in said board shall be filled by the remaining acting members until the next annual election, when such vacancy or vacancies shall be filled by the electors of said district. § 4. That said first mentioned board, within ten days after the taking effect of this act, shall meet, and after having each taken an oath to properly and faithfully perform the duties of members of said school board and to support the Constitution of the United States and State of Illinois, organize, by appointing one of their number president and one clerk and appointing some person, not of their number, treasurer, but who shall be a resident of the district. That said treasurer shall hold his office during the pleasure of the board, and before entering upon the duties of such ofiice, shall give bond payable to said board of education of the Kickapoo Union School District, in such sum, not less than double the amount which may probably be in his hands at one time, and with such security as may be approved by said board, and to be kept by them, conditioned for the faithful discharge of all his duties as school treasurer; and the said subsequent board, chosen or elected as herein provided, shall meet within ten (10) days after their election and take the oath and organize in accordance with this section. § 5. The said board may hold stated meetings at such times and places in said district as they may appoint, four members of said board at all meetings thereof constituting a quorum to do business — the pres- ident having a vote only in case of a tie; that special meetings may be called at any time by the president or any two members, by giving one day's notice of the time and place of the same: Provided, that if the president of the board shall be absent from any such meetings a temporary president may be appointed; and said board may pass and enforce such by-laws, rules and regulations, for their own govern- ment of the clerk and treasurer, not inconsistent with this act, as they may deem proper, and, by resolution, shall direct the payment of all moneys that shall come into the hands of the treasurer; and no money shall be paid out of the treasury except in pursuance of such resolu- tion and on written order of the president, countersigned by the clerk. 220 § 6. All school lands, school funds and other real and personal estate, notes, bonds or obligations, belonging to townships number twenty-two (22) and twenty-three (23) North, of range three (3) East of the third principal meridian, in the county of McLean, and State of Illinois, held or owned for school purposes by said township, shall be divided between the said Kickapoo Union School District and the portion of the said township without the same, in the proportion and manner following, to-wit : The school trustees of said township shall, within thirty days after the taking effect of this act, appoint three commissioners, who are free holders, one a resident of said district and the others residents of said township within said district, who, after being duly sworn to well and truly discharge their duties, shall ascertain the whole number of persons under the age of 21 years re- siding in the whole of said district and the number in said townships within said districts, and the whole number within said townships, and thereupon said trustees shall divide and apportion said funds, real and personal estate, notes, bonds and obligations of said town- ships, between the said district and the balance of the said townships without said district, in the proportion of the whole number of per- sons under 21 years of age in each, shall bear to the number in the whole of said townships. Said trustees shall have power to supply vacancies occuring among said commissioners, and compensate them for such services, in such amount as they shall deem proper and right. § 7. Said trustees or other person or persons having control or custody of said funds, property, bonds or obligations, shall, upon such divisions being made, pay over, assign, transfer and deliver to the board of education of Kickapoo Union School District the portions of the funds and other personal estate, notes, bonds and obligations to which said school district may be entitled, and execute and deliver to said board of education the necessary deeds and other conveyances for the share of real estate due said district under such divisions; which funds and other personal and real estate, notes, bonds and ob- ligations shall be and remain under the full and entire control and power of the said board of education, for the use and benefit of said district, subject only to the provisions of the general school law of this State defining the powers and duties of school trustees. § 8. The board of education of such district is hereby required to make out and cause to be made out and furnish to the school super- intendent of said McLean county, an abstract of the whole number of white children under the age of 21 years, at the times and in the man- ner required by law of other ofiicers under the general school laws of this State; and said superintendent or other proper officer shall pay to the treasurer of said district its proportion of the school, college and seminary fund, of the two mill tax, interest, fines and other moneys or special taxes distributed according to the laws in force for such apportionment or distribution, treating such district for this purpose the same as a township. § 9. The said board of education shall establish and maintain a sufficient number of free schools for the education of every person re- 221 siding in said district, over the age of 6 years and under the age of 21 years, and shall make the necessary provisions for continuing said schools in operation not less than six months nor more than nine months in each year, and, for the purpose of more successfully ac- complishing this end, the said board shall have power: First — To rent, lease or purchase grounds and sites for school buildings. Second — To hire, purchase or erect, in accordance with the provis- ions of this act, houses and buildings to be used for school purposes and to keep the same in proper repair. Third — To furnish the schools in said district with all the neces- sary fixtures, furniture and apparatus. Fourth — To establish in said district as many primary schools and those of higher grades as said board shall deem proper; to determine the branches or studies to be taught in such department or grade, and to prescribe and enforce rules and regulations for the admission of pupils into the same and for the promotion from one grade or de- partment to another, and also to determine the text books and other articles to be used therein. Fifth — To hire and appoint all the teachers of said schools, estab- lish rules respecting their qualifications and how the same shall be determined, fix the amount of the salaries or compensation of each teacher, and may dismiss any teacher at any time : Provided, that nothing herein contained shall be so construed as to supersede the necessity of every teacher first procuring a certificate from the county superintendent of common schools, as is now '•equired by the general school laws of this State. Sixth — To lay off and subdivide said districts into as many sub- divisions, for school purposes, as circumstances and the interests of schools therein may be thought to require, and, from time to time, to change the same or create new ones. Seventh — To appoint three persons, whose duty it shall be to con- duct all examinations of pupils for admission to any department or grade of said schools, or for promotion therein, and to appoint other officers, committees or agents, as they shall deem best or most con- ducive to the interests of said schools. Eighth — To have power to suspend or expel pupils for disobedient, refractory, incorrigibly bad conduct, or for failure to comply with all the rules and regulations adopted by the board for the government of said schools. Ninth — To have and possess all the rights, powers and authority necessary for the proper management of schools and school funds and the carrying out of the true spirit and interests of this act and that may be necessary to establish and perfect a good and thorough sys- tem of public instruction in graded free schools in said district. § 10. The said board, in addition to the powers now given by law to school directors and the powers herein granted, shall possess all the powers and privileges of trustees of townships, for school pur- poses, and shall be recognized and regarded by the school superin- tendent, county clerk and all other officers of this State as possessing 222 all the powers, privileges and rights of trustees of congressional town- ships of this State, and are hereby required to perform for said dis- trict all the duties of trustees, as well as those of directors, not incon- sistent with this act. § 11. It shall be the duty of the board of education and they shall have full power to determine the amount of money needed and to be raised for school purposes for each year, over and above the amount derived from the school funds heretofore enumerated or from other sources, and to levy the same, annually, on the taxable property of the district, and have it collected in the same manner as other school directors do under the general school law; which levy or tax shall not in any one year exceed 2 per centum of the assessed valuation of all the property in said district subject to taxation therein. § 12. Said board may, also, at any time they may deem necessary, borrow any sum or sums of money, for a term not exceeding one year, and a rate of interest not exceeding 10 per centum, per annum, to be expended for general school purposes, for purchasing school house sites and for repairing and improving school buildings: Provided, that the total amount of moneys so borrowed and unpaid at any one time shall not exceed 1 per centum of the assessed valuation of the real and personal property subject to taxation in said district. § 13. That whenever said board of education shall deem it neces- sary to purchase or erect a school house or school houses and other necessary buildings for this said district, they shall call a meeting of the legal voters in said district, by giving at least ten (10) days' notice of the time and place and object of said meeting, by posting up or causing to be posted up at least three written or printed notices in three of the most public places in said district ; and the president of said board or in his absence one of the other members shall act as chairman of said meeting, and after appointing some one of their number clerk, may determine, by a majority vote, upon the erection of a school house or school houses and other buildings, and the amount of money to be raised for that purpose, and the time or times when the same shall be paid; which money so voted, shall be levied by said board and collected from year to year, in such amounts each year as shall have been determined by said meeting, the same as other taxes are collected for school purposes: Provided, that said levy shall not exceed for any one year 3 per centum of the assessed valu- ation of the taxable property of said district; and the said board of education, for the purpose of raising the money so voted, may issue bonds, which shall be executed by the president and clerk, in sums of not less than 1100.00 each, bearing interest not exceeding 10 per centum, per annum, and running for such time as may be necessary. § 14. All persons over the age of six (6) years and under the age of twenty-one (21) years shall be admitted into said schools free: Provided, said board may, at their option, have power to charge and collect a reasonable tuition fee from each pupil that pursues the study of any other language therein than the English or German; and said board shall have power to admit persons who do not reside in said district, or who are over 21 years of age into said schools, upon such 228 terms as they may deem proper; but nothing herein contained shall be so construed as to prevent persons from being suspended, expelled or kept out of such schools altogether for the reasons hereinbefore mentioned. § 15. Neither the treasurer nor any member of the board shall receive any compensation for his attendance at the meetings of the same, nor for the performance of its ordinary duties; but for extra- ordinary services reasonable compensation may be allowed, the board to determine what are extraordinary services and what is reasonable compensation therefor. § 16. It shall be the duty of the president and clerk to sign all papers and documents of said board, and the same are hereby de- clared legal and binding, when signed. § 17. For any neglect or failure (except through sickness of him- self or family) by any member or treasurer of said board of education to fulfill and perform the duties required of or imposed upon him by any of the provisions of this act. he shall be liable to a penalty of ten (10) dollars for each default, to be recovered by an action of debt, at the suit of any person who may complain — one-half of said fine to go to the informer, the other half to be paid to the treasurer of said district. § 18. The treasurer shall, as often as required by the board, make due and full report to them, which report shall be open to the inspec- tion of any citizen of said district, of the finacial condition thereof, giving the amount of money on hand and from what sources derived, the amounts paid out since the last report and for what purpose and such other items as the said board or the general school law may re- quire. § 19. The present directors of Union District No. Six (6), shall be the directors of this contemplated district, from the taking eifect of this act until the proper organization of said board is effected thereunder. § 20. All prior acts and parts of acts inconsistent with the pro- visions of this act are hereby repealed. § 21. This act is hereby declared to be a public act, and shall take effect and be in force from and after the first (1st) day of April, in the year of our Lord one thousand eight hundred and sixty-nine. Appeoved March 31, 1869. LACON UNION SCHOOL DISTRICT. An Act to incorporate the Lacon Union School District. Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly : That fractional township 30 North, Kange 8 West of the 3rd principal meridian, including the corporate limits of the city of Lacon, shall constitute a school district, to be known as the Lacon Union School District. 224 § 2. That a board of education, consisting of six members, a majority of which shall be a quorum to do business, shall be elected by the legal voters of said district on the first Friday of April A. D. 1857; two of said board holding their ofiice for the term of one year, two for the term of two years and two for the term of three years, and that two shall be elected annually threafter on the first Friday of April, to hold their office for the term of three years and until their successors are elected and qualified. They shall, when elected sever- ally take an oath faithfully to discharge the duties of their office according to the best of their judgment and ability. § 3. The boara of education shall cause their clerk to post up notices of the time and place of holding said election in at least five of the most public places in said district. Said notices shall be posted up at least ten days previous to the day of election. Two of the members of the board of education shall act as judges and one as clerk of said election: Provided, that the trustees of schools shall cause the notice for the first election under this act to be posted up, two of whom shall act as judges and one as clerk of said election. § 4. The said board of education when so elected and their suc- cessors in office shall be successors of the present board of trustees of schools; they shall be a body corporate and politic, by the name and style of "The board of education of the Lacon Union School District," and may have a common seal and change the same at pleasure, and as such, may contract and be contracted with, sue and be sued, plead and be impleaded in and before any tribunal having jurisdiction. Any member of the board having received five days notice that such vote will be taken, may be removed from office for improper conduct by the concurring vote of all the other members of the board. In case of a vacancy by such removal or otherwise between the times of election, the same shall be filled by the remaining members of said board by appointment, and the person so appointed shall hold the office until the next election and until his successor is elected and qualified; and he shall have all the powers and shall be required to perform all the duties as if he had been elected to said office at a regular election. § 5. It shall be the duty of the board of education to hold regular meetings once each month during the year, and they may meet by adjournment at such other times and places as they may think proper; and the president of the board, or any two members thereof, may call a special meeting of the board by giving five days notice of the time and place thereof by publication in one of the city papers or by per- sonal service of a similar notice, in writing, upon all the members of the board. Said board shall organize within five days after said election, by appointing one of their number president of the board. Said board shall also appoint a clerk and treasurer, neither of whom shall be required to be members thereof, and said treasurer shall execute to said board such official bond, with such conditions and security as the board of education may require, and said bond shall be at least double the amount of the money that may come into his hands. Said president, treasurer and clerk, shall hold their respect- 225 ive offices for the term of one year, and the latter two until suc- cessors shall be elected and qualified. Said clerk and treasurer may, however, be removed from their offices, at any time, by the said board. It shall be the duty of the president, when present, to preside at all meetings of the board; and it shall be the duty of the clerk to be present at said meetings, and to record in a book to be provided for that purpose, all the official proceedings of said board, which record shall be public and open to the inspection of any person interested, and all said proceedings when recorded shall be signed by the presi- dent and clerk, and a copy thereof certified by the clerk shall be prima facie evidence of such proceedings in courts and other places. If the president or clerk shall be absent the board may appoint a president and clerk pro tern. The duties of treasurers shall be such as shall be prescribed by said board. § 6. It shall be the duty of said board to cause an abstract of the whole number of white persons under the age of twenty-one years in said Lacon Union School District, to be furnished annually to school com- missioners or other proper officer on or before the first day of Novem- ber; and the school commissioner, or other officer as aforesaid, shall annually pay to the treasurer of said board of education the propor- tion of the school, seminary, college fund and State tax to which said Lacon Union School District would be entitled according to the num- ber of white persons aforesaid under the age of twenty-one years, and shall take duplicate receipts therefor, one of which he shall retain, the other to be filed with the clerk of the board of education; and said board shall also at the same time make a report of the condition of all the schools, the text books used, the number of scholars in at- tendance, the average daily attendance, all other necessary informa- tion that may be required by the general acts of the legislature. § 7. Said board of education shall, on. or before the 1st day of September in each year, cause to be raised by taxation, in addition to the State and township fund, a sum sufficient for the support of schools in said district the ensuing year; said tax to be levied on all the taxable property in said district and not to exceed one half of 1 per cent on the assessed value of said property; they shall fix upon and determine the rate per cen/. for each year; they shall make an order therefor and shall enter the same on the records of said board, and said board shall within ten days thereafter furnish the county clerk with a copy thereof certified by the clerk of said board. Said county clerk shall compute said tax in the same manner and at the same time as the State and county tax, and the same shall be collected as other revenue. When so collected it shall be paid by the collector to the treasurer of said board of education and duplicate receipts tak- en therefor as aforesaid. (As amended by an Act approved March 24, 1869. § 8. For the purpose of erecting school houses, or purchasing schDol house sites, or for repairing and improving the same, for pro- curing furniture, fuel and district libraries, the board of education of said district shall have power to levy or have levied tax and collected , —15 S L 226 not to exceed 5 mills on the dollar on all the taxable property of said district. Said board shall also have power, for the erection of school houses and purchasing sites for school houses, to borrow at a rate of interest not to exceed 10 per cent per annum, and issue bonds there- for, in sums not less than $100.00; which bonds shall be executed by the president and clerk of said board: Provided, that the total in- debtedness incurred by said district under this section shall not at any time exceed 2 per centum of the assessed value of the real and per- sonal property of said district. § 9. The board of education shall transact all the business which may be necessary in relation to the schools of said district. First — Said board shall establish a sufficient number of schools for the education of all persons over the age of 5 and under the age of 21 years, they shall have power to establish different grades in such schools, and put in such a course of study in said grades as they may think proper. Second — Said board shall cause suitable lots of ground to be pro- cured, and suitable buildings to be erected, purchased or rented for school houses, and shall supply the same with furniture and fuel, and may cause said buildings and other property to be insured, and shall make all other provisions relative to schools which they may deem proper. Third — Said board of education may employ a superintendent, who shall, under the direction of the board, have general supervision over all the schools. Said board shall by one or more of their number visit each one of said schools at least once each month, and shall cause the result of said visit to be entered on the records of the board. Fourth — Said board shall have power to appoint all the teachers of said schools, fix the amount of their salaries, and may dismiss them at any time for incompetency, cruelty, negligence or immorality; and said board shall direct what branches of learning shall be taught in each school, and may suspend or expel from the school any pupil found guilty of refractory or incorrigibly bad conduct: Provided, hoioever, that in the selection of assistant teacher the superintendent may be consulted by the board. Fifth — Said board shall have entire control of the school fund of said district, whether consisting of the portion of the school, college, seminary or towQship fund, belonging and to belong to said district as aforesaid or raised by taxation as aforesaid or otherwise, to be used and applied by them for the purposes aforesaid, and no money shall be paid out of the treasury of said board, except upon the order of said board therefor. § 10. Said board of education shall at the end of each year cause to be prepared a statement exhibiting the condition of schools, which statement shall be substantially as follows, viz: First — The whole number of schools which have been taught in said year; what number have been taught by males exclusively; what number have been taught by females; what part by males and females. 227 Second — The whole number o£ scholars in all the schools, giving the n amber of males and females in each, and the average daily at- tendance in each school. And to enable them to do this they shall require the teachers to keep correct schedules of the attendance. Third — The aggregate number of male and female teachers, the highest, lowest and average monthly compensation paid to teachers. Fourth— The amount of money received from school commissioner or other officer and from taxes, and the amount of all other funds re- ceived into the treasury of the board. Fifth — The amount and kind of unexpended funds on hand at the end of each year. Sixth — The amount paid for teachers' wages, for school house lots, for building, repairing, renting, purchasing and furnishing school houses, for school apparatus; amount paid as compensation to school officers and for other services ; and in every case stating to whom paid and for what purpose. Seventh— K statement of the total amount received and paid for school purposes. § 11. Said board of education may receive any gift, grant, dona- tion, devise, bequest or legacy made for the use of any school or schools or library or other school purpose within their jurisdiction; and they shall be and are hereby invested in their corporate capacity, with the title, care and custody of all school houses, school sites, libraries, apparatus and other property belonging to said school or schools aforesaid or which may be within their jurisdiction, with full power to control the same in such manner as they may think will promote the interests of the schools and the cause of education ; and when, in their opinion, any school or school house site has become unnecessary or inconvenient or unsuitable for a school, said board may sell and convey the same in the name of the board; and such conveyance as well as all other conveyances, contracts and assignments of the board, shall be executed by the president and clerk; and the avails of all sales shall be paid to the treasurer of said board, for the benefit of schools. §12. Said board of education may make such by-laws, rules and regulations as may be absolutely necessary to the exercise of the fore- going powers. § 13. The annual report of the board of education shall be sub- mitted at the time of the election for members of the board of educa- tion. Said election shall be held at such hour and be conducted in such manner as may be prescribed by the board of education: Pro- vided, that the election shall be by ballot. § 14. This act shall be deemed a public act and shall take eflPect and be in force from and after its passage. Approved Feb. 16, 1857. 228 LA HAEPE SCHOOL DISTEICT. An Act to incorporate the city of La Harpe. Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly : That the inhabitants of the town of La Harpe, in the county of Hancock, and State of Illinois, be and they are hereby constituted a body politic and corporate, by the name and style of "The City of La Harpe;" and by that name shall have perpetual succession, and may have and use a common seal, which they may change and alter at pleasure. * * * * * " * * § 19. The care and superintendence of the common schools within the city of La Harpe, together with the funds and estate, both real and personal, belonging to and which may be conveyed to La Harpe school district, shall devolve upon the city council of the city of La Harpe, and they shall have power to appoint, at their first meeting after their annual election, in each year, a general superintendent of public schools for said city of La Harpe, whose term of office shall be for one year and until his successor shall be duly elected and qualified ; and his duties and the amount of his salary shall be defined by the city council of the city of La Harpe : Provided, hoivever, that the said salary shall at no time be paid out of the school fund belonging to said La Harpe school district ; and said city council shall have power to make all laws and ordinances necessary and proper for the management of said common schools, not inconsistent with the Con- stitution of this State. § 20. The township funds and estate, real and personal, belonging to township seven North, range five West, shall be divided between the city of La Harpe and the portions of said township lying without the city of La Harpe, as follows: the trustees of schools of township seven North, range five West, shall, within three months from and after the passage of this act, appoint three respectable householders, one from the city of La Harpe, one from township seven North, range five West, residing outside of the city, and one residing in township seven North, range six West, in said Hancock county, who, or a majority of whom, after being duly sworn well and truly to perform their duty, shall ascertain as nearly as may be the number of white persons under the age of twenty years residing within said township seven North, range five West, both within and without the limits of said city of La Harpe, and they shall divide and apportion the aforesaid township funds and estate according to the number of children under the age aforesaid, residing in said township, within and without said city of La Harpe, and shall pay over and deliver to said city the distributive share of the said township funds and estate aforesaid, to which the said La Harpe school district may be entitled, according to the number of white persons under the age aforesaid, residing in said township within and without the limits of said city, respectively; and the said commissioners shall have power to make their deed of partition, and convey to the city of La Harpe its distributive share of the real estate belonging to the school fund of said township aforesaid; and in case 229 tlie commissioners appointed as aforesaid, shall refuse or neglect to perform the duties aforesaid, within one month from the time of their appointment, the said trustees of schools of said township shall have power to appoint others in their stead, either in or out of said city of La Harpe, who shall, in like manner, perform the duties assigned to the first-mentioned commissioners; and said trustees shall have power to make appointments and fill vacancies in the same until the objects of this act are carried into effect; Provided, the same shall be done within twelve months from and after the passage of this act. § 21. The trustees of schools of said township seven North, range five West, shall, upon such partition being made, pay over and deliver to the city of La Harpe the funds and deeds to which said La Harpe school district may be entitled, according to the division and distribu- tion aforesaid, and shall take from the clerk of the city of La Harpe a receipt for the same. All school houses in said city of La Harpe which have been built by taxation or voluntary contribution shall be and remain the property of the city for school purposes, and not sub- ject to partition, as provided in the preceding section, but the same shall be by said commissioners conveyed to the said city in the same manner as the property which may be by them partitioned and set off to said city as hereinbefore provided. § 22. It shall be the duty of the city council of the city of La Harpe to cause to be furnished to the school commissioner of Han- cock county an abstract of the whole number of white children under the age of twenty years, residing in said La Harpe school district, within ten days after the number shall be ascertained; and the said school commissioner shall, annually, pay to the clerk of the city of La Harpe the proportion of the school, college and seminary fund to which the said La Harpe school district may be entitled, according to the number of children under the age aforesaid residing in said dis- trict, taking his receipt for the same: Provided, that no abstract of the number of children as aforesaid, residing in said La Harpe school district, shall be returned to said school commissioner oftener than once in two years, as required in other school districts. ******* § 28. That so much of the act entitled " An act to establish and maintain common schools," in force Feb. 16, 1857, and all other acts and parts of acts coming in conflict with the provisions of this act, so far as relates to said La Harpe school district, is hereby suspended. Appeoved Feb. 24, 1859. LAKE FOKEST SCHOOL DISTRICT. An Act to amend an act entitled "Aji act to incorporate the city of Lake Foi'est," approved Feb. 21, 1861. Article X. Section 1. The care and superintendence of the common or public schools, within the city of Lake Forest, together with the funds and estate, both real and personal, belonging to the districts embraced 230 within the limits of said city, shall devolve upon the city council ; and they shall have the power to appoint, at any meeting after their annual election in each year, a superintendent of public schools for said city, whose term of office shall be for one year, and until his successor shall be duly elected and qualified; and his duties and the amount of his salary shall be defined by the city council. And the said city council shall have power to make all laws and ordinances necessary and proper for the management of said schools, not inconsistent with the laws and Constitution of this State. § 2. It shall be the duty of the said superintendent to furnish to the school commissioner of Lake county an abstract of the whole number of children under the age of twenty-one (21) years, residing in the said city, within ten (10) days after the same shall be ascer- tained; and the said school commissioner shall, annually, pay to the clerk of the city of Lake Forest the proportion of the school, college and seminary fund to which the said city may be entitled, according to the area of said city, and the number of children under the age aforesaid residing in said city, taking his receipt for the same. It shall be the duty of the city clerk, on the receipt of such money, to pay the same over to the treasurer of said city, taking his receipt for the same. The abstract of the number of children, as aforesaid, shall be taken once in two (2) years, in such manner as the city council shall direct. § 3. All common or public school houses and school property within the limits of said city shall belong to the city; and the city council shall have power, and it shall be their duty, to divide said city into proper school districts, and erect substantial and comfortable school houses (in) each of the same. § 4. The township funds, and the estate, real and personal, belong- ing to townships forty-three (43) and forty-four (44), range twelve (12) East, in the county of Lake, shall be divided between the city of Lake Forest and the portions of said townships lying without the city of Lake Forest, as follows : The city clerk of said city shall be required to give notice, in writing, to the trustees of schools of the said town- shij3s, respectively, either by delivering a copy of said notice to each of said trustees, personally, or by leaving the same at the residence of each of said trustees, respectively; which notice shall be so served at least ten (10) days before the term of court to which application shall be made, and shall notify said trustees that, at the then next ensuing term of the circuit court of the county of Lake, an application will be made to the said court to divide the funds and estate of the said town- ships, respectively, between said townships, respectively, and the said city of Lake Forest, and the said trustees respectively, and the said city clerk, shall each be required to appear before the said court, and give full and true statements, so far as they and each of them may be able, of the number of persons under the age of twenty-one (21) years residing within said city, and the portions of said townships, respec- tively, without said city, and the amount of funds and estate now belonging to each of said townships, and the amount of the same here- tofore transferred by either of said townships to said city; and the said court, giving credit and allowance for all that may have been so 231 transferred, shall fairly and equitably divide and apportion said funds and estate, giving to each its fair and equitable share of the same ; and the trustees of each of the said townships, respectively, shall thereupon convey, transfer and deliver unto the said city of Lake Forest such shares or portions of said funds and estate as may be so awarded by said court ; and said court shall have power to compel and enforce its orders in such behalf. Appeoved March 11, 1869. LITCHFIELD SCHOOL DISTRICT. An Act to reduce the charter of the City of Litchfield and the several acts amendatory thereof into one, and to revise the same. Aeticle XII. Section 1. All those parts of townships number eight (8) and nine (9) North, of range five (5) West of the third (8d) principal meridian, lying within the corporate limits of the said city of Litchfield, as de- fined in article one (1) of this act, with such other parts of said town- ships as may be incorporated with- and come under the jurisdiction of said city, is hereby created into a common school district, to be known as the Litchfield School District. § 2. It shall be the duty of the city council to cause an abstract of the whole number of white children under the age of twenty-one years, in the Litchfield school district, to be furnished to the superintend- ent of public instruction of Montgomery county within ten days after the same shall be ascertained; and the said siiperintendent of public instruction shall pay, annually, to the clerk of the City of Litchfield the proportion of the school, college and seminary fund to which the said Litchfield School District may be entitled, according to the num- ber of persons under the aforesaid age residing in said district, taking his receipt therefor; but no abstract shall be required to be returned to the superintendent of public instruction oftener than it is required by law in other school districts. § 3. The school land, school fund and other property of the Litch- field School District shall be vested in the city of Litchfield. The city council shall have power at all times to do all acts and things in rela- tion to said school land, school fund and other property which they may think proper to their safe preservation and efficient management, and sell or lease said lands and all other property which may have been or may hereafter be donated to the school fund, on such terms and at such times as they may deem most advantageous, and on such sale or lease to make, execute and deliver all proper conveyances, which said conveyance shall be signed by the mayor or presiding officer and countersigned by the clerk, sealed with the corporate seal; but the proceeds arising from such sales shall be added to and con- stitute a part of the school fund. § 4. Nothing shall be done to impair the principal of said fund or to appropriate the interest accruing from the same to any other pur- 232 pose than the payment of teachers in the public schools of the district ; and should there be any surplus of interest, it shall be carried to and form a part of the school fund. § 5. The city council shall have power: First — To erect, hire 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. Third — To furnish schools with the necessary fixtures, furniture and apparatus. Fourth — To maintain, support and establish schools, and supply the inadequacy of the school fund for the payment of city teachers from school taxes. Fifth — To fix the amount of compensation to be allowed to teachers. Sixth — To prescribe the school books to be used and the studies to be taught in the diflPerent schools. Seventh — To lay off and divide the city into smaller school districts, and, from time to time, alter the same or create new ones, as circum- stances may require. Eighth — The city council shall be ex officio trustees and directors of schools; but they may appoint six (6) inspectors, or two for each ward in the city, to be denominated a board of school inspectors ; and shall establish and prescribe their powers and duties. Ninth — And generally to have and j)ossess all the rights, powers and authority necessary for the proper management of the schools and the school lands and funds belonging to the said school district, with power to enact such ordinances as may be necessary to carry their powers and duties into effect. § 6. The city council shall have power to appoint a school agent, who shall have the custody and management of the money, securities and property belonging to the school fund of the district, subject to the direction of the city council. § 7. The school agent, before entering upon his duties, shall give bonds in such amount and with such conditions and securities as the city council may require; his compensation shall not be paid out of the school fund, and he shall be subject, for misconduct, to the same penalties and imprisonment as county commissioners are or may be subject to by law. § 8. The school fund shall be kept loaned at interest at the rate of 10 per cent per annum, payable semi-annually, in advance. No loan shall be made for a longer period than five years, and all loans ex- ceeding $100 shall be secured by unincumbered real estate of double the value of the sum loaned, exclusive of the value of perishable im- provements thereon. For sums less than $100, two good securities beside the principal shall be required: Provided, the city council shall have power to increase the rate of interest by a vote of two-thirds of all the aldermen elected. 283 § 9. All notes and securities shall be taken " to the city of Litch- field for the use of the inhabitants of said city for school purposes," and in that name all suits and actions and every description of legal proceedings may be had. § 10. All expenses of preparing or recording securities shall be paid exclusively by the borrower. § 11. In the payment of the debts of deceased persons, those due the school fund shall be paid in preference to all others, except the expense attending the last illness and funeral of the deceased, not in- cluding the physician's bill. § 12. If default be made in the payment of interest or of the prin- cipal, when due, the same may be recovered by suit or otherwise. § 13. All judgments recovered for principal or interest, or both, shall respectively bear interest at the rate specified in the note from the rendition of judgment until paid, and in case of the sale of real estate thereon, the city of Litchfield may become the purchaser thereof, for the use of the school fund, and shall be entitled to the same rights given by law to other purchasers. On redemption, 10 per cent inter- est shall be paid from the day of sale. § 14. No cost made in the course of any judicial proceeding in which the city of Litchfield, for the use of the school fund, may be a party, shall be chargeable to the school fund. § 15. If the security on any loan should at any time before the same is due, become, in the judgment of the school agent and city council, insecure, the agent shall notify the person indebted; and un- less further satisfactory security shall be forthwith given by the debtor, judgment may be recovered thereon, as in other cases, although no conditions to that effect be inserted in the note or other security. § 16. The council shall annually publish, at such times as may be prescribed by ordinance, in the newspaper publishing the ordinances of the city, a statement of the number of pupils instructed in the year preceding, the several branches of education pursued by them, and the receipts and expenditures of each school, specifying the sources of such receipts and the object of such expenditures. § 17. The school tax shall be paid into the city treasury and be kept a separate fund for the building of school houses and the keep- ing the same in repair, and supporting and maintaining schools ; and should there be at any time a surplus, the same may be paid over to the school fund and form a part of the same. § 18. Any person owning land or residing around or adjacent to said city, within two miles thereof, may, with his consent and the con- sent of the trustees of his township, be annexed to said Litchfield School District, and school tax may be levied and collected upon the land and property of such person, subject to taxation by the city col- lector in the same manner as school taxes within the said district. Approved Feb. 27, 1869. 234 MACOMB SCHOOL DISTKICT. An Act to consolidate the several acts under which the city of Macomh was incorporated and to amend the same. Aeticle XII. Section 1. All that part of township No. five (6) North, of range two (2), and No. five (5) North, of range three (8), and No. six (6) North, of range two (2), and No. six (6) North, of range three (3), all west of the fourth principal meridian, lying within the corporate limits of said city of Macomb, with such other parts of said townships as may be incorporated with and come under the jurisdiction of said city, is hereby created into a common school district, to be known as the "Macomb School District." § 2. The school land, school fund and all other real and personal estate of said townships shall be divided between the said city of Macomb and the portion of the townships lying without the limits thereof, in the proportions and manner following: The trustees of schools of each of said townships shall, within three months from the passage of this Act, appoint two commissioners, who shall be re- spectable householders, one of whom shall reside in the city and the other in the township without the city, who, after being duly sworn well and truly to perform their duties, shall proceed to ascertain, as nearly as may be, the whole number of white persons under the age of twenty-one years residing in the whole of their respective town- ships, and the whole number residing in the said city and without said city in the said townships, and thereupon the said trustees of each of said townships shall divide and apportion the aforesaid town- ship fund and real and personal estate between said city and said townships without the city, in proportion of and according to the number of persons aforesaid residing within the city and without the city, in the said townships respectively; and the said commissioners shall have power to make partition of and division of all the funds and real and personal estate belonging to the said townships, between the city and the portions of the townships without the city, in the proportions aforesaid, and, having completed the same, shall make a full return of their proceedings to the trustees aforesaid. In case the commissioners shall refuse or neglect to perform their duties, the trustees shall appoint others in their stead, who shall be chosen, sworn and perform the like duties assigned to the first commis- sioners ; and the trustees shall have power to fill vacancies and make appointments until the objects of this act are carried into effect. § 3. The trustetis of schools of said townships shall, upon such divi- sion, partition and return of the commissioners being made, pay over and deliver to the clerk of the city of Macomb the funds and other personal estate, and make, execute and deliver to the said city of Macomb all necessary deeds and other conveyances for the distribu- tive share of the real estate of said township to which the said Macomb School District may be entitled according to the division and distribution aforesaid, and take receipts for the same from the clerk. 285 § 4. It shall be the duty of the city council to cause an abstract of the whole number of white children under the age of twenty-one years in the Macomb School District to be furnished to the school commissioner of McDonough county within ten days after the same shall have been ascertained; and the school commissioner shall an- nually pay to the clerk of the city of Macomb the proportion of the school, college and seminary fund to which the said Macomb School District may be entitled, according to the number of persons under the age aforesaid residing in said district, taking his receipt therefor; but no abstract shall be required to be returned to the school commis- sioner oftener than is required by law in other school districts. § 5. The school land, school fund and other property of the Macomb School District shall be vested in the city of Macomb. The city council shall have power, at all times, to do all acts and things in relation to said school lands, school fund and other property which they may think proper to their safe preservation and efficient man- agement, and sell or lease said lands and all other property which may have been or may hereafter be donated to the school fund, on such terms and at such times as the city council may deem most ad- vantageous, and on such sale or lease to make, execute and deliver all proper conveyances, which said conveyances shall be signed by the mayor or presiding officer, and countersigned by the clerk, sealed with the corporate seal, but the proceeds arising from such sales shall be added to and constitute a part of the school fund. § 6. Nothing shall be done to impair the principal of said fund or to appropriate the interest accruing from the same to any other pur- pose than the payment of teachers in the public schools of the dis- trict, and should there be any surplus of interest it shall be carried to and form a part of the school fund. § 7. The city council shall have power— First — To erect, hire 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. Third — To furnish schools with the necessary fixtures, furniture and apparatus. Fourth — To maintain, support and establish schools and supply the inadequacy of the school fund for the payment of city teachers from school taxes. Fifth — To fix the amount of compensation to be allowed to teachers. Sixth — To prescribe the school books to be used and the studies to be taught in the different schools. Seventh — To lay off and divide the city into smaller school dis- tricts, and from time to time alter the same or create new ones, as cir- cumstances may require. Eighth — The city council shall be, ex officio, inspectors of schools, but they may appoint seven inspectors, to be denominated ''A Board of School Inspectors ;" also three trustees of schools in each district, and to establish and prescribe the powers and duties of each. 236 Ninth — And, generally, to have and possess all the rights, powers and authority necessary for the proper management of schools and the school land and funds belonging to the said school district, with the power to enact such ordinances as may be necessary to carry their powers and duties into eflect. § 8. The city council shall have the power to appoint a school agent, who shall have the custody and management of the money, securities and property belonging to the school fund of the district, subject to the direction of the city council. § 9. The school agent, before entering upon his duties, shall give bond in such amount and with such conditions and securities as the city council may require; his compensation shall not be paid out of the school fund, and he shall be subject for misconduct in office to the same penalties and imprisonment as school commissioners are or may be subject to by law. § 10. The school fund shall be loaned at interest at the rate of 10 per cent, pei' annum, payable semi-annually, in advance. No loan shall be made for a longer period than five years, and all loans ex- ceeding $100.00 shall be secured by unincumbered real estate of double the value of the least sum loaned, exclusive of the value of perishable improvements thereon. For sums less than $100.00, two good securities besides the principal shall be required: Provided, the city council shall have power to reduce the rate of interest by a vote of two-thirds of all the aldermen elected. § 11. All notes and securities shall be taken to the city of Macomb, for the use of the inhabitants of said city, for school pur- poses; and in that name all suits, actions and every description of legal proceedings may be had. § 12. All expenses of preparing or recording securities shall be paid exclusively by the borrower. § 13. In the payment of the debts of deceased persons, those due the school fund shall be paid in preference to all others, except expenses attending the last illness and funeral of the deceased, not including the physician's bill. § 14. If default be made in the payment of interest or of the prin- cipal when due, interest at the rate of 15 per cent, upon the same shall be charged from the default, and may be recovered by a suit or otherwise. Suit may be brought for the recovery of interest only when the principal is not due. § 15. All judgments recovered for interest or principal, or both, shall respectively bear interest at the rate of 10 per cent, per a7inum, from the rendition of judgment until paid; and in the case of the sale of real estate thereon, the city of Macomb may become the purchaser thereof, for the use of the school fund, and shall be entitled to the same rights given by law to other purchasers. On redemption 10 -per cent interest shall be paid from the time of sale. § 16. No costs made in the course of any judicial proceeding in which the city of Macomb, for the use of the school fund, may be a party, shall be chargeable to the school fund. 237 § 17. If the security on any loan shonld, at any time before the same is due, become, in the judgment of the school agent and city council, insecure, the agent shall notify the person indebted thereof, and unless further satisfactory security shall be forthwith given by the debtor, judgment may be recovered thereon as in other cases, although no conditions to that effect be inserted in the note or other security. § 18. The council shall annually publish, at such times as may be prescribed by ordinance, in the newspaper publishing the ordinances of the city, a statement of the number of pupils instructed in the year preceding, the several branches of education pursued by them, and the receipts and expenditures of each school, specifying the sources of such receipts, and the object of such expenditures. § 19. The school tax shall be paid into the city treasury, and be kept a separate fund for the building of school houses, and keeping the same in repair, and supporting and maintaining schools; and should there at any time be a surplus, the same may be paid over to the school fund and form a part of the same. § 20. Any person owning land, or residing around or adjacent to said city, within two miles thereof, may, with his consent, be annexed to said Macomb School District, and school tax may be levied and col- lected upon the lands and property of such person subject to taxation, by the city collector, in the same manner as school taxes within the said district. Approved Feb. 14, 1857. NOEMAL SCHOOL DISTRICT. An Act to incorporate the town of Normal. Article VIII. Section 1. The town of Normal, as hereby incorporated, and the several additions which may hereafter be made to said town, shall con- stitute a school district, and be known as " Normal School District." § 2. The government of said district, for school purposes, shall be vested in a board of five persons, to be styled " The Board of Educa- tion of Normal School District." § 3. There shall be elected by the qualified voters of said district, at the first election for town officers herein provided for, five persons, who shall constitute said board, and hold their offices for one, two, three, four and five years, respectively, and until their successors shall be elected and qualified. At the first meeting they shall draw lots for their respective terms of office for one, two, three, four and five years. And, thereafter, on the first Monday of March, annually, there shall be an election for the purpose of electing one member of said board, who shall hold his office for five years and until his successor is elected and qualified. All vacancies in said board shall be filled at said an- nual elections ; but said vacancy happening between times of the reg- ular annual elections, by death, resignation or removal from the dis- trict, shall be filled by the remaining members of the board; and the 238 person so appointed shal' hold the office till the next annual election and until his successor shall be elected and qualified. The meetings for said election of said member or members of said board shall be notified and called, and the poll-book opened and kept, the votes can- vassed and the returns made in the same manner as for election of other town officers: Provided, that the ballot for a member or for members of the said board of education shall be upon a separate slip of paper; and form no part of a ballot for other town officers. In case of a tie in any election of members of said board, the judges of elec- tion shall decide the same, by lot, on the day of election or as soon thereafter as may be. § 4. The said board of education shall be a body corporate and politic, by the name and style of " The Board of Education of Normal School District:" may have a common seal, and change the same at pleasure; and as such may contract and be contracted with, sue and be sued, plead and be impleaded in and before any tribunal having competent jurisdiction. § 5. It shall be the duty of the said board to hold quarterly ses- sions, on the second Monday in March, June, September and Decem- ber of each year; and they shall meet, by adjournment, at such times as they may think proper; and the president of the board or any two members thereof may call a special meeting of the board by giving a verbal notice of the time and place and object thereof, or by leaving a written notice thereof at the residence of each member of the board. And, at all meetings, a majority of the board shall constitute a quorum for the transaction of business. Said board shall organize by ap- pointing one of their number president; and they shall also elect a clerk, who may be a member of the board, and treasurer, who shall not be a member of the board, who shall hold their respective offices during the pleasure of the board, and until their successors shall be elected and qualified. The president shall preside at all meetings of the board at which he shall be present; and it shall be the dutj'^of the clerk to be present at said meetings, and to record in a book to be provided for that purpose, all the official proceedings of said board; which records shall be public and open to inspection of any person interested; and all said proceedings, when recorded, shall be signed by the president and clerk, and a copy, certified by the clerk, shall be prima facie evidence of such proceedings in all courts and other places. If the president or clerk shall be absent, the board may ap- point a president or clerk pro tern. The treasurer shall execute to said board an official bond, with good and sufficient secuities — such bond to be approved by the board — in such sums as the board shall determine, but to be, as nearly as can be ascertained, in double the amount of all moneys that will be likely to be at any one time in his hands, and conditioned for the faithful performance of his duties as treasurer in safely keeping and promptly paying over all moneys which he shall receive as such treasurer, as he shall from time to time be directed by order of the board or required by law so to do. He shall keep a true and accurate record, in proper books for that purpose, of all moneys received and paid out, for what purpose and ux3on what 239 and whose account ; but he shall pay out no money except upon order of the board; and for all money paid out he shall take and file with the papers of his office proper vouchers, and he shall settle his ac- counts with the board at least once in each year, and oftener if the board should so require. § 6. No member of the board shall receive any compensation for his attendance at the meetings of the board, nor for the performance of its ordinary duties; but for extraordinary services reasonable com- pensation may be allowed — the board to determine what are extraor- dinary services and the compensation therefor. The clerk and treas- urer shall receive such compensation as the board shall prescribe. § 7. The treasurer shall, under the direction of the board, demand and receive from the officer or officers having the custody thereof any interest or other money from any school fund or other source to which the Normal School District, or any part thereof, or the schools or other teachers therein would be entitled if this act had not been passed; and the money so received from such funds or sources shall be placed in the treasury, to be used and expended, under the order and direction of the board, for the support of schools and for school purposes, in the same manner as other funds that shall come into the treasury by tax- ation or otherwise. § 8. The said Normal School District shall be exempt from the jurisdiction of trustees of schools in the township in which said Normal School District is located, so far as common schools are con- cerned; and the school commissioner of McLean county shall, in the distribution of the school funds that may come into his hands, appor- tion so much of the school fund as said Normal School District may be entitled to, upon a jjvo rata distribution of said funds among the several townships of said county, to the said Normal School District; and, upon the filing of the bond of the treasurer of the said board of education, the said school commissioner shall pay over to the said treasurer the amount due said district. All taxes levied in accord- ance with the provisions of this act, for school puriDOses, shall be paid over by the officers collecting the same to the treasurer of the board of education; and said board shall have the entire and exclusive con- trol of all school funds of said Normal School District, or any part thereof, whether consisting of the school, college, seminary or town- ship fund belonging and to belong to said district, or any part thereof, or derived from taxation, loans or otherwise, to be used by them as provided by this act; and they may receive, by gift, grant, donation, devise, bequest or legacy, 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 corporate capacity, with the title, care and custody of all lots, lands, school houses, school libraries, apparatus and other property belonging or appertaining to the common schools of the said district, or any of them, with full power to control the same, in such manner as they may think will promote the interests of schools or the cause of education, and not inconsistent with the provisions of this act; and when, in their opin- ion, it may be for the interest of said district to sell any lot or tract 240 of land or building belonging to said district, or any part thereof,, said board may sell and convey the same, in the name of the board, and all such conveyances, as well as all other conveyances, contracts and assignments of the board, shall be executed by the president of said board; and all conveyances of real and personal estate and assignments of choses in action, which shall be made to said board, shall be made to said board in its corporate name; and said board may purchase and hold such real estate and personal property as may be necessary for the establishment and support of schools, and such real estate as may be purchased under any sale, upon execution or decree, in favor of said board, or in satisfaction of any debts due said board; and at any time thereafter may sell and convey the same. § 9. For the purpose of erecting school houses and purchasing school sites, it shall be lawful for said board to borrow, at a rate of interest not exceeding 10 per cent, per annum., and issue bonds therefor, in sums not less than $100.00, which bonds shall be execu- ted by the president and clerk of said board, in the name of the board, and countersigned by the treasurer of the board; and to secure the payment or said bonds said board may mortgage any part or the whole property belonging to said board. § 10. The said board shall, on or before the first Monday in April in each year, report to the town council of the said town of Normal, in writing, respecting all moneys received, how and for what purpose expended, with the proper vouchers therefor, and give such other information in regard to said schools as they may deem import- ant, specifying in said annual report the amount of money necessary to be raised by taxation for school purposes for the ensuing school year; and the said town council shall, annually, upon the coming in of such report, or within thirty days thereafter, proceed to levy a tax sufficient to meet such expenses, according to the estimate of said board — said tax to be levied and collected as other town taxes are levied and collected — upon all the taxable property in said town: Provided, said tax shall not for any one year exceed 2 per cent, of the taxable property of said town, according to its assessed value. § 11. The said board of education shall have the entire manage- ment and control of all the common schools, and transact all business which may be necessary in relation to said common schools in said district, and shall have all the rights, powers and authority necessary for the proper management of the schools and school funds, with the power to make all such rules, orders and requirements as they may deem necessary to carry their powers and duties into effect and per- fect a good system of public instruction and common schools in said district. § 12. Said board, at the end of each year of their term of office, shall cause to be prepared and published a statement, exhibiting the conditions of schools for the preceding year, which statement shall be substantially as follow? , viz: First — The whole number of schools which have been taught in said year. 241 Second — What number of teachers have been employed in each school, stating the name of each teacher, the time employed and the compensation paid. Third — The whole number of scholars in all the schools, giving the number of males and females in each school, separately, and the average number in attendance during the year. Fourth —The amount of all funds received into the treasury of the board during the year and the sources whence derived, stating the amount received from each source. Fifth — The amount paid out for salaries, rent, fuel, furniture, etc. Sixth — The amount and kinds of unexpended funds on hand at the end of the year. Seventh — A statement of the total amount received and the total amount paid out for school purposes during the year. § 13. Said board shall have power and authority to divide said school district into two or more school districts, when, in the opinion of the board, it shall seem advisable. Appeoved February 25, 1867. PAEIS UNION SCHOOL DISTRICT. An Act to establish and form the Paris Union School District. Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly : That all that district of coun- try embraced within the following boundaries, to-wit: The west half (^) of the southwest quarter {\) of section thirty-one (31), township fourteen (14) North, range eleven (11) West; the south half (^) of section thirty-six (36) and the southeast quarter {\) of section thirty- five (35), township fourteen (14) North, range twelve (12) West; sec- tions one (1) and two (2), the northeast quarter {\) of section eleven (11), and the north half (^) of section twelve (12), township thirteen (13) North, range twelve (12) West; the west half {\) of the north- west quarter {\) of section seven (7) and the west half {\) of the west half (^) of section six (6) township thirteen (13) North, range eleven (1] ) West, in the county of Edgar and State of Illinois, is hereby made and constituted a permanent school district, by the name of the Paris Union School District, and that no territory shall ever be taken therefrom, except by act of the Legislature of this State. § 2. That the public schools of said district shall be under the exclusive management and control of six persons, to be elected and qualified as hereinafter specified, and known as the Board of Edu- cation of Paris Union School District, which board of education and their successors in office shall be a body corporate and politic, by the name and style aforesaid, and may have a common seal and change the same at pleasure, and, as such board, may contract and be con- tracted with, sue and be sued, plead and be impleaded, in any court of law or equity in this State, and as such board and in such name, shall be the legal successors of the trustees of schools and school —16 S L 242 directors in the territory embraced herein, and shall be and are hereby invested, in their corporate capacity, with the title, care, custody, and control of all lands, lots, school houses and buildings, school libraries and apparatus, and shall receive all moneys and other property be- longing or in any way accruing to said district or to any part thereof, for the use and benefit of public schools therein, with full power to use and control the same in such manner as they may think will best promote the interest of public schools and the cause of free education, not inconsistent with this act ; and said board shall also be capable of receiving any gift, grant, bequest or devise of real estate, personal property or money, made for the use or benefit of public schools in said district; and all moneys accruing to said district for school pur- poses under any law of this State shall be paid over to the treasurer of said board of education. § 3. That for the purpose of organization the following persons, viz: Henry VanSellar, Obed Foote, A. J. Miller, Levi C. Mann, George E. Levings and Samuel Graham shall be and are hereby made and constituted a board of education for said district until the first JMonday in June, A. D. one thousand eight hundred and sixty-nine, at which time the qualified electors of said district shall, upon the usual notice being given, elect six members of said board, who, with their successors in office, shall compose and constitute said board of education and first incorporators under this act, two of whom shall serve for one year, two for two years, and two for three years ; the time that each shall serve shall be designated on the ballots cast. And annually thereafter, on the first Monday in June, as aforesaid, there shall be chosen, in the same manner, two members of said board, each of whom shall serve for the period of three years and until their suc- cessors are elected and qualified. Such intermediate vacancies as may occur in said board shall be filled by the remaining acting mem- bers until the next annual election, when such vacancy or vacancies shall be filled by the electors of said district. Elections held in pur- suance of this section shall be conducted in the manner prescribed by the general school laws of this State for holding elections for school officers, three members of said board acting as judges at such elections. § 4. That the first mentioned board, within ten days after the taking effect of this act, shall meet, and after having each taken the oath to properly and faithfully perform the duties of members of said board and to support the Constitution of the United States and the State of Illinois, organize, by appointing one of their number presi- dent and another one of their number clerk and appointing some person, not of their number, treasurer, but who shall be a resident of the district. The said treasurer shall hold his office during two years; but may be removed at any time by the board, for good cause; and every subsequent board chosen or elected, as herein provided, shall meet within ten days after their election and take the oath and or- ganize in accordance with this section. § 5. That said board shall hold one regular meeting in every month during the year, at such times and places in said district as they may appoint ; four members of said board, at all meetings thereof, 248 constituting a quorum to do business, the president having a vote only in case of a tie. That special meetings may be called at any time by the president or any two members, by giving one day's notice of the time and place of the same: Provided, that if the president of the board shall be absent from any meeting thereof a temporary president may be appointed; and said board may pass and enforce such by-laws, rules and regulations for their own government and for the government of the clerk and treasurer, not inconsistent with this act, as they may deem proper, and, by resolution, shall direct the payment of all moneys that shall come into the hands of the treasurer; and no moneys shall be paid out of the treasury except in pursuance of such resolution and on written order of the president, counter- signed by the clerk. § 6. All school lands, school funds, real estate and personal prop- erty, notes, bonds and obligations belonging to townships thirteen (18) North, range eleven (11) West, fourteen (14) North, range eleven (11) West, thirteen (18) North, range twelve (12) West and fourteen (14) North, range twelve (12) West, in the county of Edgar, and State of Illinois, held or owned for school purposes by said town- ships, or either or any of them, shall be divided between the said Paris Union School District and the portions of said townships with- out said district, in the proportion and manner following, to-wit: The school trustees of each of said townships shall, within sixty days after the taking effect of this act, appoint two commissioners, who are freeholders, one a resident of said district, the other a resi- dent of said township without said district, who, after being duly sworn to well and truly discharge their duties, shall ascertain the whole number of persons under twenty-one years of age residing in the part of said district taken from the township of which said commissioners are residents and the whole number in said township without said district and the whole number within said township, and thereupon the trustees of schools of each of the several townships aforesaid shall divide and apportion said funds, real estate, personal property, notes, bonds and obligations of the said several townships between the said district and the portions of said townships without said district, in the proportion of the whole number of persons under twenty-one years of age in that part of said district lying in any one of said townships to the whole number of persons under twenty-one years of age in the whole of said townships: Provided, that such division of real estate and personal property shall not include a divi- sion of the value of school houses, buildings, grounds and furniture belonging to districts from which no part of the Paris Union School District is taken. Said trustees shall have power to supply any vacancy occurring among said commissioners, and compensate them for such services in such amount as they shall deem proper and right. § 7. Said trustees or other person or persons having control or custody of such funds, property, bonds or obligations, shall, upon such division being made, pay over, assign, transfer and deliver to the board of education of Paris Union School District the portions of the personal property, notes, bonds and obligations to which said 244 school district may be entitled, and execute and deliver to said board of education the necessary deeds and conveyances for the shares of real estate due said district under such divisions; which funds and other personal property, real estate, notes, bonds and obligations shall be and remain under the full and entire control and power of the said board of education, for the use and benefit of said district, subject only to the provisions of the general school laws of this State defining the powers and duties of trustees of schools. § 8. The board of education of said district shall prepare or cause to be prepared by the treasurer or clerk of the board or other persons and furnished to the superintendent of schools of Edgar county [on] or before the first Monday of October, annually, a report, containing the same facts and statistics as are required to be embraced in the reports of the township treasurers to the county superintendent of schools by the general school laws of the State of Illinois ; and the said superintendent or other proper officer shall pay to the treasurer of said district its proportion of the school, college, and seminary fund, of the two mill tax, interest, fines and other moneys or special taxes distributed according to the laws in force, for each apportion- ment or distribution, treating such district for this purpose the same as a township. § 9. The said board of education shall establish and maintain a sufficient number of free schools for the education of every person residing in said district over the age of six years and under the age of twenty-one years, and shall make the necessary provisions for contin- uing such schools in operation not less than eight nor more than ten months in each year; and, for the purpose of more successfully accomplishing this end, said board shall have power: First — To rent, lease or purchase grounds and sites for school buildings. Second — To hire, purchase or erect, in accordance with the provi- sions of this act, houses and buildings for school purposes, and to keep the same in proper repair. Third — To furnish the schools in said district with all the neces- sary fixtures, furniture and apparatus. Fourth — To establish in said district as many primary schools and those of higher grades as said board shall deem proper; to determine the branches or studies to be taught in each department or grade, and to prescribe and enforce rules and regulations for the admission of pupils into the same, and for the promotion from one grade or department to another, and also to determine the text books to be used therein. Fifth — To hire and appoint all the teachers of said schools, estab- lish rules respecting their qualifications, and how the same shall be determined, fix the amount of the salary or compensation of each teacher, and may dismiss any teacher at any time for good cause: Provided, that nothing herein contained shall be so construed as to supersede the necessity of every teacher first procuring a certificate from the county superintendent of schools, as is now required by the general school laws of this State. 245 Sixth — To lay off and subdivide said district into as many subdivi- sions, for school purposes, as circumstances and the interest of schools therein may seem to require, and from time to time to change the same or create new ones. Seventh— To appoint three persons, whose duty it shall be to con- duct all examination of pupils for admission to any department or grade of said schools or for promotion therein, and to appoint other officers, committees or agents, as they shall deem best or most con- ducive to the interests of said schools. Eighth — To suspend or expel pupils for disobedient, refractory, or incorrigibly bad conduct, or for a failure to comply with all the rules and regulations adopted by the board for the government of said schools. Ninth — To enforce and exercise all rightful authority necessary for the proper management of schools and school funds and the carrying out of the true spirit and intent of this act and that may be necessary to establish and perfect a good and thorough system of graded free schools in said district. § 10. The said board, in addition to the powers now given by law to school directors and the powers herein granted, shall possess all the powers and privileges of trustees of townships, for school purposes, and shall be recognized and regarded by the county superintendent of schools, county clerk and all other officers of this State as possessing all the powers, privileges and rights of trustees of congressional town- ships of this State, and are hereby required to perform for said dis- trict all the duties of such trustees as well as those of directors, not inconsistent with this act. § 11. It shall be the duty of the board of education, and they shall have full power, to determine the amount of money needed and to be levied and raised for school purposes for each year, over and above the amount derived from the school funds heretofore enumerated or from other sources, and to levy the same, annually, upon the taxable property of said district, and have it collected in the same manner as other taxes are collected; which levy or tax shall not in any one year exceed two per centum of the assessed valuation of all the property in said district subject to taxation therein. § 12. Said board may, also, at any time when they may deem it necessary, borrow any sum or sums of money, for a time not exceed- ing one year, and at a rate of interest not exceeding ten per centum, per anyium, to be expended for general school purposes, for purchas- ing school house sites and for repairing and improving school build- ings: Provided, that the total amount so borrowed and unpaid at any one time shall not exceed one per centum of the assessed valua- tion of the taxable property of said district. § 18. That when said board shall deem it necessary to purchase or erect a school house or school houses or other necessary buildings, for the use of said district, they shall call a meeting of the legal voters of said district, by giving at least ten days' notice of the time and place and object of said meeting, by }oosting up or causing to be posted up at least three written or printed notices in three of the most public 246 places in said district ; and the president of said board, or in his ab- sence, one of the other members shall act as chairman of said meet- ing, and after appointing some one of their number clerk, may deter- mine by a majority vote, upon the erection of a school house or school houses or other buildings and the amount of money to be raised for that purpose — said voting to be by ballot, and to be conducted in the same manner that other school elections are conducted; which money, so voted, shall be levied by said board in such amounts as the board shall deem best, and shall be collected in the same manner as other taxes for school purposes are collected: Provided, that said levy shall not exceed for any one year three per centum of the assessed value of the taxable property of said district ; and the said board of education, for the purpose of raising the money so voted, may issue bonds, which shall be executed by the president and clerk, in sums not less than $100 each, bearing interest not exceeding ten per centum, per annum, and running for such times as said board may deem neces- sary — such times to be stated in the bonds so issued : Provided, fur- ther, that such time shall not exceed five years. § 14. All persons over the age of six years and under the age of twenty-one years, residing in said district, shall be admitted into said schools free: Provided, said board may, at their option, have power to charge and collect a reasonable tuition fee from each pupil who pursues the study of any other language therein than the English or German ; and said board shall have power to admit persons who do not reside in said district or who are over twenty-one years of age into such schools, upon such terms as they may deem proper; but nothing herein contained shall be so construed as to prevent persons from be- ing suspended, expelled or kept out of said schools altogether, for reasons hereinafter mentioned. § 15. It shall be the duty of the president and clerk to sign all papers and documents of said board, and the same are hereby declared legal and binding, when so signed^ § 16. The treasurer appointed by the said board of education shall before entering upon the duties of his office, execute a bond, with two or more freeholders, who shall not be members of the board, as securi- ties, payable to the board of education of Paris Union School District, with a sufficient penalty to cover all liabilities which may be incurred, conditioned faithfully to perform all the duties of treasurer of said board according to law. Said bond to be approved by a majority of the board, and to be delivered by a member of the board to the county superintendent of schools of Edgar county. The penalty of said treas- urer's bond shall be twice the amount of all moneys, notes, bonds, mortgages and effects liable to pass through his hands, or be in his custody during any one year; and said bond shall be in the form pre- scribed for township treasurer's bond by the general school laws of this State. § 17. It shall be the duty of the treasurer of said board to loan that part of the funds belonging to said district derived from the town- ship funds and denominated principal, in the manner and subject to the conditions prescribed by the general school laws of this State for 247 the government of township treasurers in the loaning of township funds ; and no part of said principal shall ever be apportioned or paid out in any manner that shall cause a decrease or diminution of the amount of the same. Said treasurer shall be allowed to retain a com- mission of one per centum and no more, on all funds paid out or loaned by him, for the benefit of said district; he shall deliver to his successor in office all books, moneys, papers and other property ap- pertaining to said office, when ordered so to do by the said board of education. § 18. Neither the treasurer nor any member of the board shall re- ceive any compensation for his attendance at the meetings of the same, nor for the performance of the ordinary duties of members of said board, but for extraordinary services a reasonable compensation may be allowed, the board to determine what are extraordinary services and what is a reasonable compensation therefor. § 19. The treasurer shall, as often as required b}^ the board, make due and full report to them — which report shall be open to the in- spection of any citizen of said district — of the financial condition thereof, giving the amount of money on hand and from what sources derived, the amounts paid out since the last report and for what pur- poses, and such other items as the said board or general school laws of this State may require. § 20. For any neglect or failure, (except through sickness of him- self or family) by the treasurer or any member of the board to fulfill and perform all the duties required of (or) imposed upon him by any of the provisions of this act, he shall be liable to a penalty of ten dollars for each default, to be recovered by an action of debt, at the suit of any person who may complain, one half of said fine to go to the informer, and the other half to be paid into the treasury of said district. § 21. The present directors of the districts from which territory is taken for the formation of the Paris Union School District shall be directors of said districts from the taking effect of this act until the proper organization of said board of education is effected there- under. § 22. This act is hereby declared to be a public act, and shall take effect and be in force from and after the fifteenth day of April, in the year of our Lord, one thousand eight hundered and sixty-nine. Appeoved March 26, 1869. PEKIN SCHOOL DISTKICT. An Act to Establish School Districts in the City of Pekin, in Taze- well county. Section 1. Be it enacted hy the People of the State of Illinois, represented in the General Assembly: That all the territory within the limits of the City of Pekin, Tazewell county, Illinois, according to its present or future boundaries, is hereby erected into a common school district, to be known as "The Pekin School District." 248 § 2. All school lands, school funds, and other real or personal estate, notes, bonds or obligations, belonging to township number twenty-live, range live, and township number twenty-four, range five West of the third principal meridian, Tazewell county, Illinois, held or owned for school purposes, (shall be divided) between the City of Pekin and the portion of the township without the same, in propor- tion and in the manner following: The school trustees of said town- ships shall, within thirty days after the first election contemplated by this act, appoint three commissioners, who are freeholders; one a resident of said city, and the others, one from each of said townships without the city; who, after being sworn to discharge their duties, shall ascertain the whole number of white persons under the age of twenty-one years, residing in the said city, and in the townships without the city, and thereupon the said trustees shall divide and apportion said funds, real and personal estate, notes, bonds and obli- gations of said townships, according to the number of white persons under the age of twenty-one years residing in said townships. Said trustees shall have power to supply any vacancy occurring among said ■commissioners . § 3. The public schools of said district shall be under the ex- clusive management and control of a board of school inspectors, each of whom, with the treasurer and secretary of said board, shall be sworn to discharge their duties with fidelity. § 4. Said board shall have exclusive control over the school lands, funds, and other means of said districts, for school purposes, and shall have full power to do all acts and things, in relation thereto, to promote the end herein designed, and may sell and lease said lands, and other lands and property which may have been or may hereafter be donated, purchased or designed for school purposes in said district, on such terms, for cash and credit, and at such times, as they may deem proper. § 5. There shall be elected in the city of Pekin, by the qualified voters of said city, nine inspectors of schools ; and from and after the first election, three shall be elected annually, who shall hold their offices for three years, and until their successors shall be elected and qualified. That (at) the first election for school inspectors, to b© held on the third Monday of the month of April, nine inspectors shall be chosen, who, at their first meeting, shall determine, by lot, which three of them shall hold their offices for the respective terms of one, two, and three years ; and the persons so elected, and their successors in office, are hereby constituted a body corporate and politic, by the name and style of "The Board of School Inspectors of the City of Pekin;" and they shall have a perpetual existence, and, by said name, shall have power to sue and be sued, plead and be impleaded, in all courts and places where judicial proceedings are had; may purchase, receive and hold real and personal property within the limits of the city of Pekin; and, on the sale of any real estate, may, by resolution of said board, to be entered on the minutes of their proceedings by the secretary of the board, empower the president of the board to convey such real estate, by a good and sufficient deed, under his hand and private seal, to the purchaser or purchasers; and such deed, duly 249 acknowledged by the president of the board, making of the same as other deeds of real estate are required to be by the laws of this State then in force concerning the conveyances by individuals, shall convey real estate to, and vest all the title and interest of said board of school inspectors therein in the grantee or grantees in such deed mentioned, their heirs and assigns forever; and the deed of conveyance executed by the president of the said board, and duly acknowledged by him, shall be prima facie evidence of his having been duly empowered by the said board to make such conveyance. That all personal property and real estate heretofore conveyed, to be held by said board of school inspectors, or by the trustees of schools of townships twenty-four and twenty-five, range five West of the third principal meridian, for the use of any school district in the city of Pekin, to be held and used or leased or sold and conveyed in such manner as they shall deem pro- per for school purposes. § 6. The first election for such school inspectors shall be holden on the third Monday in the month of April, A. D. 1869, and the third Monday in the month of April every year thereafter, The meetings for such election shall be notified and called, and the poll book opened and kept, the votes canvassed, and returns made, in the same manner as meetings for the election of mayor or aldermen; and that, at the first election of nine school inspectors, and the annual election of school inspectors, as aforesaid, thereafter, the nine persons having the highest number of votes shall be declared duly elected, and the city clerk, immediately upon the result of the election being made known by the proper returns, shall notify the several persons so elected of their election. That all vacancies occurring in said board, by death, removal or otherwise, as well as those occasioned by the ex- piration of the term of office, shall be filled at the annual election aforesaid; and thsLt, if the annual election provided for as aforesaid, in any year shall not be notified and held at the time when by this act it ought to have been, it shall be by the proper officer or officers notified, called, held and canvassed and returned some other time thereafter; and the persons so elected shall hold their office as in- spector for the term for which they would have held if they had been elected at the annual election held for the usual time for that year. § 7. The board of school inspectors shall, within two days after the election, meet in some place in the said city. The time and place of meeting may be notified in writing, by any two of the persons so elected. When convened the board shall organize by electing one of their number president, and appointing, by ballot, some competent person to be secretary of the board, who may or may not be a member of the board, as the board shall determine. The board shall appoint a treasurer, and shall adopt some rule or regulation fixing the mode for calling the future meetings of the board. The secretary of the board shall keep a record of the proceedings, in a book to be provided for that purpose, and shall do and perform such other duties in rela- tion to the schools and education as shall be required of him by the rules and regulations to be made and established by the board. The secretary and treasurer shall hold their offices for the term of three years and until their successors shall, respectively, be appointed and 250 qualified. The secretary and treasurer shall be subject to removal for good cause, by a majority of all the members of the board; and in each of such removals the board shall appoint a competent person to fill the vacancy. The treasurer shall give bond, with good and sufficient security, to the City of Pekin — such bond to be approved by the board of inspectors — in such sums as the board shall determine, but to be as nearly as can be obtained in double the amount of all moneys that will at any one time come into his hands, and conditioned for the performance of his duty as such treasurer, and, especially, faith- fully to keep, and, from time to time pay over all moneys that he shall receive as such treasurer, as he shall be directed by the board or required by law; and for any breach in any of the conditions of said board, a suit shall be prosecuted for such breach or breaches against the said treasurer, in the name of the city, under the direction and supervision of the board; and when any money shall be collected thereon, it shall be paid over as the said board shall direct, to be used and appropriated as other moneys in the treasury; and if default was for the non-payment or on any account of the principal of the town- ship school fund, it shall again become a part of the principal of said fund. The treasurer shall keep a true and accurate account of all moneys received and paid out by him, for what purposes and upon what and whose accounts; but he shall pay out no money, except upon the order of the board. For all moneys paid out he shall take and file with the papers of his office proper vouchers ; he shall settle his accounts with the board at least once in each year and oftener if the board shall so require. § 8. The treasurer and secretary shall be sworn to the faithful performance of their duties. § 9. The board of inspectors shall have power: First — To erect, hire and purchase buildings suitable for school houses and keep the same in repair. Second — To buy or lease sites for school houses and necessary grounds. Third — To furnish schools with what they shall deem necessary fixtures, furniture and apparatus. Fourth — To establish, support and maintain public schools for all the children of the city, and shall, annually, cause to be submitted to the voters of the city the question of taxation for school purposes, in the manner hereinafter provided. Fifth — To fix the compensation of teachers and establish rules respecting their qualifications and how the same shall be determined. Sixth — To prescribe school books to be used and studies to be taught in the different schools. Seventh — To lay off and divide the city into school districts, and, from time to time, alter the same or create new ones, as circumstances may require. Eighth — To establish schools of different grades, and such rules and regulations for the admission of pupils into the same, having regard to the ages and qualifications of such pupils. Ninth — To appoint a board in each school district, of three per- sons, to be denominated the district directors, and prescribe by 251 established rules and regulations the powers and duties of such directors. Tenth— To appoint such other officers, committees or agents as they shall deem best and most conducive to the well being of the schools and of school education in said city. Eleventh — And, generally, to have and possess all rights, powers, and authority for the proper management of the schools and funds belonging to the city, for school purposes, with power to make all such rules, orders and ordinances as may be necessary to carry their powers and duties into effect and perfect a good system of public instruction and schools in said city. § 10. It shall be the duty of the board of inspectors to make annual reports, in the month of November, setting forth therein the number of public schools in the city, the number of scholars in each school, the several branches of education pursued in each, the expend- iture of each school, the compensation paid to teachers, the condition of the school houses, from what source any funds have been received for school purposes and what the condition of such funds, and what are the accommodations furnished for pupils, and making any other statement and suggestion that they shall deem proper, to aid the cause of public schools and of education in the city. Said report, or such parts thereof as they shall judge best, to be published in one or more newspapers published in said city. § 11. The treasurer appointed by the board shall, under the direc- tion of the board, demand and receive of the officer or officers having custody thereof, any interest or other money from any school fund of the township or State, to which the city, the schools or the teachers, who would be entitled if this act had not been passed; and the money received from such funds shall go into the treasury of the board of inspectors, and be used and expended under the order and direction of the board for the support of the schools and school purposes, in the same manner as other funds shall come into the treasury by taxa- tion or otherwise. § 12. No member of the board of inspectors shall receive any compensation for his attendance of the meetings of the board, nor for the performance of their ordinary duties, but for extraordinary ser- vices reasonable compensation may be allowed. The said board of inspectors shall be authorized to allow and pay to the secretary such salary or such other compensation for his services and attendance on said board as said board shall deem proper. The treasurer shall receive such compensation for receiving and disbursing money as the board of inspectors shall prescribe. § 13. In the month of November, in each year, and at least three weeks before the annual election of mayor and aldermen, the board of inspectors shall determine the amount of money which in their opinion will be necessary for the support of public schools of the city the ensuing year besides what will be received from any school fund or from any other source other than taxation ; and they shall publish in some one or more newspapers published in the city a brief state- ment of the amount expended for school purposes for the preceding 252 year, and the amount whicli, in their opinion, will be required to be raised by taxation for the support of public schools the ensuing year, and also give notice in the same publications that at the next election for mayor and aldermen the voters of the city vote for or against levy- ing a tax for the support of schools and for school purposes ; and at such next election the voters shall vote for or against a school tax, by having the appropriate word written or printed upon the ballots for city officers; and if it shall appear that a majority of all the voters voting on the question are in favor of such tax, then the amount so reported by the board of inspectors shall be assessed and collected the same as city taxes, and, when collected, shall be paid over by the collector to the treasurer of the board; but no greater amount than that fixed and reported by the board shall be assessed and collected. § 14. No school in said city, or teacher or pupil thereof, shall receive any part of any school funds belonging to the State or town- ship or any money raised by taxation that is not a public school, as provided for by this act and established and maintained under the authority and direction of the board of inspectors. § 15. No teacher of any public school shall receive any compen- sation for his or her services in teaching any public school who shall not have received a certificate of his or her qualifications from the board of inspectors or from such other persons as the board shall au- thorize and empower to examine teachers and give certificate of qualification. § 16. The several teachers of said schools shall keep a schedule of the pupils attending the schools and of their attendance, etc., as is now required or may hereafter be required of teachers of schools by law; and the said board of inspectors shall make return or report to the State superintendent of public schools on all such matters and things as is or shall be required by law and the direction of such superintendent or any county or township officers, and shall make such other report as township officers are or may be required by the law of this State. § 17. That for the purpose of enabling the said board of inspec- tors to provide additional school buildings in the City of Pekin, the common council of said city are authorized to issue bonds of said city, from time to time, signed by the mayor of said city and counter- signed by the city clerk, in such sums, not exceeding in all fifty thou- sand dollars, and payable at such times, not exceeding twenty years from their date, and such place or places, with semi-annual coupons attached, as the said common council may deem proper. All of said bonds shall bear interest not exceeding eight per cent, per annum, payable semi-annually, in the City of Pekin; when any of said bonds or any part thereof are issued, there is hereby levied annually in the City of Pekin, until such bonds are paid, a tax of two mills on each dollar's worth of taxable property in said city, to be applied, so far as may be necessary, to the payment of the interest and principal of said bonds, as the same become due and payable; and it is hereby made the duty of the common council of said city, while said bonds ^are outstanding, to cause to be extended, annually, on the collector's 253 book, said tax of two mills on the dollar on the taxable property in said city, to be collected as other city taxes in said city. Said tax^ when collected, shall be paid into the treasury and constitute a sepa- rate and distinct fund, specially pledged to the payment of the interest and the principal of said bonds as the same become due; and the surplus, if any, after providing for the payment of the said inter- est and principal of such said bonds as shall fall due before the collection of the next annual tax, shall be paid over annually by the city treasurer, to the treasurer of the board of school inspectors of said city, to be applied by them like other money in the treasury of said board, for school purposes, in said city: Providing, however, that said common council may direct to be retained in the city treas- ury, from said surplus, any amount which may have been expended during the year in purchasing up of any of said bonds not then due. § 18. That the common council of the City of Pekin shall pro- vide, by ordinance, for the issuing of said bonds and the delivery of them to the board of school inspectors of said city; and the proceeds thereof shall be by said board applied exclusively to the purpose of buildings, repairing and enlarging and furnishing school houses and providing sites therefor in said city. § 19. The common council of the City of Pekin shall, on or before the 1st day of September, in each year, while any of said bonds are outstanding, determine, by resolution, to be entered on their minutes, the amount arising of the said two mill tax shall be retained in the city treasury to pay interest and apply to the liquidation of the prin- cipal of said bonds for that year; and the clerk of said council shall, within five days thereafter, certify the same to the board of school in- spectors of said city, together with an estiuiate of the probable amount of said tax for said year, and what sums will remain after paying cost of collection and deducting the amount retained by the city as afore- said, to be paid into the treasury of said board for school purposes. § 20. That the school commissioner of Tazewell county be and is hereby authorized, upon the receipt of the Auditor's warrant, to pay to the treasurer of the board of school inspectors of the City of Pekin a sum which shall bear the same proportion to the amount of the war- rant that the number of persons in the City of Pekin, under twenty- one years of age, as described by the common school law, shall bear to the whole number of persons under twenty-one years in the above named Tazewell county; and that said commissioner, after the pay- ment of the above stated sum, proceed to make a disposition of the remainder of said warrant, as provided by law. ******* § 22. Any acts of the General Assembly now in force or hereafter to be enacted, for creating and establishing a State system of public schools, shall not be construed in any manner to repeal, alter or change any of the provisions of this act, unless such acts shall specially pro- vide for such repeal, alteration or change. 254 § 23. This act is declared to be a public law, and shall take effect from and after its passage. Approved March 11, 1869. PEOEIA SCHOOL DISTRICT. An Act to reduce the charter of the City of Peoria, and the several acts amendatory thereof, into one act and revise the same. Chapter XIII. Section 1. There is hereby created a body politic and corporate, by the name and style of the " Board of School Inspectors of the City of Peoria," who shall have perpetual existence; and by said name shall sue and be sued, plead and be impleaded, in all courts and places where judicial proceedings are had; and may purchase, receive and hold real, personal and mixed estate, and may sell, lease and dispose of the same. 1. The provisions of a special charter of a city creating a board of school inspectors of permanent existence as a part of the municipal government, for the purpose of supervising and controlling the public school system, is not ab- rogated by the city's adoption of the general incorporation act. Trustees of Schools V. Board of School Inspectors, 314-30. 2. Annexation of territory to a city having a apecial charter provision vesting the control of the public school system in a board of school inspectors as a branch of the municipal government, extends the jurisdiction of the board of school inspectors to the schools of the territory annexed, notw^ith- standing a part of it is in an adjacent township; and such board is entitled to the fnnds in the hands of the various officers collected as taxes for school purposes in the annexed territory. Trustees of Schools v. Board of School Inspectors, 314-30; Trustees of Schools v. Board of School Inspectors, 115A-479, affirmed. § 2. The said board of school inspectors shall consist of the mayor of the City of Peoria and two members from each ward (the election districts in the township of Peoria to be deemed, for school purposes, portions of the wards at which the voting for said districts is now or may hereafter be done), who shall be residents of their respective wards, and who shall hold their officers, respectively, for two years, or until the election and qualification of their successors. They shall be divided into two classes, so that one-half shall be elected annually. The first class shall be elected on the first Tuesday after the first Monday of November, 1869, and every two years there- after. The second class shall be elected on the first Tuesday after the first Monday of November, 1870, and every two years thereafter. The members of the board of school inspectors now in office shall hold over until the first Monday of January following the term for which they were elected, except those who were last elected, who shall go out of office as hereafter provided. All members of the board here- after to be elected shall enter upon the duties of their office on the first Monday of January following their election, except those then elected in 1870 in the wards casting the lowest number of votes, who 255 shall Dot enter upon the duties of their office until the first Monday in June, A. D. 1871. § 3. All following elections for school insjjectors shall be held on the first Tuesday after the first Monday in November, each successive year, and shall be notified and called, and the poll books opened and kept, the votes canvassed and the returns made along with and as part of the^election for city officers of said city and county and State elections; and the same registry lists shall be used as in the munici- pal and State and county elections. The person receiving the high- ests number of votes for said offices, at said elections, shall be de- clared elected, and the city clerk, immediately upon the election and canvassing of the votes, shall notify the several persons so elected of their election; and a majority of the board shall constitute a quorum. § 4. The legal voters of the Town of Peoria shall be entitled to vote at all elections for said inspectors held in pursuance of this chapter; and the votes of the legal voters residing out of the City of Peoria, but within the Town of Peoria, shall be received at the places of voting in said City of Peoria as at present provided ; and all vacan- cies occurring in said board, by death, removal from wards, or other- wise, shall be filled by the legal voters aforesaid; and if the annual election provided for as aforesaid shall not be notified and held at the time specified in this chapter, it shall be, by the proper officer or or officers, notified, called, held, canvassed and returned at some other time thereafter; and the j)ersons so elected shall hold their respective offices for the term which they would have held if they had been elected at the regular election held at the usual time for that year. § 5. At the first regular meeting, in January of each year, or as soon thereafter as may be, the said board of school inspectors shall choose one of their own number as president of said board, and shall also appoint a secretary and treasurer, who may or may not be mem- bers of the board. The said secretary and treasurer shall hold their offices for one year and until their successors shall be resjpectively appointed and qualified. The secretary and treasurer shall be subject to removal, by a majority of all the members of the board, and in each of said removals, or where a vacancy may occur in said offices by death, resignation, removal from the city, or otherwise, the board shall appoint a competent person to fill the vacancy. § 6. The secretary shall keep a record of the proceedings of the board, in a book to be provided for that purpose, and shall do and perform such other duties, in relation to the schools and education in said city, as shall be required of him by the rules and regulations of the board, and shall be sworn to the faithful performance of his duties, and shall receive such compensation as the board may pre- scribe. § 7. The treasurer shall receive all the moneys belonging to the school funds of the City of Peoria and other moneys under the control of said board, and shall keep a true and accurate account of all moneys received and paid out by him, for what purpose, and upon what and whose account, but he shall pay out no money, except upon the order of the board. For all moneys paid out he shall take and file with the 256 papers of his office proper vouchers; he shall settle his accounts with the board once in each year, and of tener, if the board shall so require ; he shall perform such other duties as the board may, by any rule or regulation, prescribe; he shall be sworn to the faithful discharge of his duties, and shall give a bond to the City of Peoria, with good and sufficient sureties, to be approved by the board of school inspectors, in such sum as said board shall determine, but to be, as nearly as can be ascertained, in double the amount of all moneys that may be in his hands at any one time in any one year, and conditioned for the faithful performance of his duties as treasurer, and, especially, faith- fully to keep, and, from time to time, pay over all moneys that he shall receive as such treasurer, as he shall be directed by the board or required by law; and for any breach of the conditions of said bond a suit shall be prosecuted for such breach or breaches against the treasurer and his securities, in the name of the City of Peoria, under the direction and supervision of said board of inspectors; and when any money shall be collected thereon, it shall be paid over as the board shall direct, to be used and appropriated as other money in the treasury; but if the default was for the non-payment or on ac- count of the principal of the township school fund, it shall again become part of the principal of said fund. § 8. The board of inspectors shall hold stated meetings, and the president or any two members of said board may call special meetings, by notice to each of the members of said board, served personally or left at his usual place of abode; and shall have power — First — To erect, hire 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. Third — To furnish schools with what they shall deem necessary fixtures, furniture and apparatus, Fourth — To establish, support and maintain public schools for all the children of the city, and determine the rate of taxation for school purposes in the manner herein provided. Fifth — To fix the compensation of teachers, and establish rules re- specting the qualifications and how the same shall be determined. Sixth — To prescribe school books to be used, and the studies to be taught in the different schools. Seventh — To lay off and divide the city into school districts, and from time to time alter the same, or create new ones," as circumstances may require. 1. The board of school inspectors are vested with a large discretion in the performance of their important duties, and courts will not attempt to control its exercise, except in a palpable case where a plain violation of the law is manifest. School Inspectors v. The People, 20-525. 2. To lay off and divide a city or township into school districts, and from time to time, alter them or create new^ ones, as circumstances may require, is a very difficult duty to perform, and it is not reasonable to expect, however just, wise and impartial they may be, that there will be no single complaint. It requires much deliberation and the exercise of sound judgment, and in 257 such case a court could not well interfere, unless gross injustice had been done, or the marks of corruption in the board so evident as to compel the court to interpose. Gh'ove v. School Inspectors, 20-533. Eighth — To establish schools of different grades, and such rules and regulations for the admission of pupils into the same, having re- gard to the ages and qualifications of such puijils. Ninth — To appoint such other officers, committees or agents as they shall deem best and most conducive to the well being of the schools, and of education in said city. Tenth — And generally to have and possess all the rights, powers and authority necessary for the proper management of the schools and the fund belonging to the city for school purposes, with power to make all such rules and ordinances as may be necessary to carry their powers and duties into effect, and perfect a good system of public in- struction and schools in said city. § 9. On the sale of any real estate made by said board, they may, by resolution to be entered on the minutes of their proceedings, by the secretary of the board, authorize and empower the president of the board to convey such real estate, by a good and sufficient deed, under his hand and private seal, to the purchaser or purchasers thereof, and such deed duly acknowledged by the president of the board making the same, as other deeds of real estate are required to be, by the laws of this State, then in force, concerning conveyances by individuals, shall convey real estate to and vest all the title and interest of said board of school inspectors therein in the grantee or grantees in such deed mentioned, their heirs and assigns forever, and the deeds of con- veyance executed by the president of said board and duly acknowl- edged by him, shall be prima facie evidence of his having been duly empowered by the said board to make such conveyance. § 10. It shall be the duty of the board of inspectors to make an- nual reports at the close of each school year, setting forth therein the number of public schools in the city, the number of scholars in each school, the several branches of education pursued in each, the expen- diture for each school, the compensation paid to teachers, the condi- tion of the school houses, from what source funds have been received for school purposes, and what the condition of such funds, what are the accommodations furnished for the pupils, and making any other statement and suggestion that they shall deem proper to aid the cause of public schools and of education in the city. Said report shall be made to the city council, and the board shall also cause the said re- port or such parts thereof as they shall judge best, to be published in pamphlet form, or in some one or more newspapers published in said city. § 11. No member of the board of inspectors shall receive any com- pensation for his attendance of the meetings of the board, nor for the performance of their ordinary duties, but for extraordinary services reasonable compensation may be allowed. The treasurer shall receive such compensation for receiving and disbursing money, as the board of inspectors shall prescribe. —17 S L 258 § 12. On or before the first Tuesday in August of each year, the board of inspectors shall determine the amount of money, which, in their opinion, will be required to be raised by taxation for the support of the public schools of the city the ensuing year, and notify the city council of the rate of tax to be levied and collected for that purpose, as provided by the second clause of chapter 7 of this act, not exceed- ing the percentage authorized by said clause, and the amount so re- ported to the city council shall be levied and collected in the same manner and at the same time as other city taxes, and when collected shall be paid over to the treasurer of the board. § 13. No school in said city, or the teacher or pupils thereof, shall receive any part of any school fund belonging to the State or town- ship, or any money raised by taxation, that is not a public school, as provided by this act, and established and maintained under the au- thority and direction of the board of inspectors. § 14. The several teachers of said public schools shall keep sche- dules of the pupils attending the schools, and of their attendance, etc., as is now required or may hereafter be required of teachers of public schools by law, and the said board of inspectors shall make re- turns and report to the State superintendent of public schools, on all such matters and things as he is or may be required by law, and the direction of such superintendent of any county or township officers, and shall make such other reports as township officers are or may be required to make by virtue of any law in this State. § 15. The board of school inspectors may establish a school or schools for the people of color in said city, on such a basis and under such rules and regulations and restrictions as they shall deem just and proper, the expenditures for such schools to be, in no case, less than the amount of taxes paid by the colored population. § 16. The office of trustees of schools of township eight (8) North, range eight (8) East, in Peoria county, is hereby abolished, and the board of school inspectors of the city of Peoria shall succeed to all rights, powers and duties of said trustees ; and the title to all real, per- sonal and mixed property, heretofore vested in said trustees, shall vest in said board of school inspectors, with power to sell, lease and dispose of the same. The power to cause to be extended, levied and collected, taxes for the support of free schools, which is now or here- after may be, by the general school law of the State, vested in the trustees of schools, shall be and is hereby vested in said board of school inspectors. § 17. For the purpose of enabling the said board of school inspect- ors to provide additional school buildings in the city of Peoria, the city council of the city of Peoria are authorized to issue the bonds of said city, from time to time, signed by the mayor and countersigned by the clerk of said city, in such sums and payable at such times, not exceeding twenty years from their date, and at such jAace or places, with semi-annual interest coupons attached, as the city council shall deem proper: Provided, that the aggregate amount of such bonds to be issued, together with those heretofore issued and outstanding, for the purposes herein mentioned, shall not exceed at any one time, 259 one hundred and twenty-iive thousand dollars. All of said bonds may be made payable in the city of Peoria, shall bear interest at a rate not exceeding eight per cent per annum, and those payable in the city of New York, or elsewhere out of the city of Peoria, not exceeding seven per cent per annum, payable semi-annually. The city council of the city of Peoria shall provide, by ordinance, for the issuing of said bonds, and the delivering of them to the president of the board of school directors of said city, and the proceeds thereof shall be, by said board, applied exclusively to the purpose of building, repairing en- larging and furnishing school houses, and purchasing sites therefor in said city. § 18. The tax which the city council is empowered to levy and col- lect in pursuance of clause fourth of chapter 7 of this act for the pur- pose of paying the interest and principal of bonds issued in pursuance of any previous acts, and now outstanding or which may hereinafter be issued in pursuance of the foregoing section, shall, when collected be paid into the city treasury and constitute a separate and distinct fund, specially pledged to the payment of the principal and interest of the aforesaid bonds. If there should be a surplus at any time, af- ter paying the interest of said bonds or redemption of any bonds is- sued by virtue thereof, the city may, in their discretion, order the pur- chase of any of said bonds, if they can be purchased upon satisfactory terms, or, if no bonds can be purchased, invest said surplus in United States securities. § 19. Any act of the general assembly now in force or hereafter to be enacted, for creating and enacting a State system of public schools, shall not be construed in any manner to repeal, alter or change any of the provisions of this act, unless such act shall specifi- cally provide for such repeal, alteration or change. § 20. All property, real, personal and mixed, belonging to or vested in the trustees of schools of township eight (8) North, range eight (8) East, and the board of school inspectors of the city of Peoria, heretofore established by law, and all rights and claims, legal and equitable, existing in them, are hereby vested in the board of school inspectors in the city of Peoria, created by this act, to be had, held and enjoyed in as full and ample a manner as they were by the former corporation; and all rules, regulations and appointments now in force, made by the former corporation, and not inconsistent with this act, shall continue in force, until changed, amended or annulled by the corporation hereby created, ithe latter corporation being, in all respects the successor to the rights and duties of the former cor- poration. § 21. That an act entitled "An act to provide for schools in town- ship eight (8) North, range eight (8) East, in Peoria county," ap- proved March 6, 1867, be and the same is hereby repealed. Approved Feb. 20, 1869. 260 POLO SCHOOL DISTRICT. An Act to iiicorjporate the Polo School District Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That all tlie territory within the limits of what is now known as the corporation of the town of Polo, in the county of Ogle, is hereby constituted a school district, to be known as the Polo School District. § 2. The government of said school district for school purposes shall be vested in a board of three persons, to be styled "The Board of Education of Polo School District," and W. "W. Burns, M. D. Swift and A. M. Hitt, the present school directors of school district number two (No. 2), town (28) twenty-three North of range (8) eight, East of the (4th) fourth principal meridian, in said Ogle county, shall constitute the first board of education of said Polo School District, and shall hold their office from and after the passage of this act, and for one, two and three years respectively from the first Tuesday in June, eighteen hundred and sixty-seven, and until their successors are elected and qualified. At the first meeting of said board after the passage of this act, it shall be determined by lot which of said three members shall hold his office for one year from said first Tues- day in June, eighteen hundred and sixty-seven, which of said three members shall hold his office for two years from said first Tuesday in June, eighteen hundred and sixty-seven, and which of said three members shall hold his office for three years from said first Tuesday in June, eighteen hundred and sixty-seven. § 3. There shall be elected by the qualified voters of said district, on the first Tuesday in June, eighteen hundred and sixty-eight, and annually thereafter, one member of said board, who shall hold his office for three years, and until his successor is elected and qualified. The meeting for said election shall be notified by the clerk of said board by giving at least ten days notice of the time and place of said election, by publishing a notice in a newspaper of said town of Polo; and the poll books shall be opened and kept, the votes canvassed and returns made, and all other proceedings had in the same manner as in elections of president and trustees of the town of Polo. In case of a tie in any election, the same shall be decided by lot by the judges of election on the day of election. As soon as practicable after this act shall become a law, and after each annual election thereafter, the said board of education shall appoint some legal voter of said Polo School District an alternate member thereof, and in case of a vacancy in said board, or of the absence of a regular member from the district, said alternate shall have all the powers and perform all the duties of a regular member during said absence or until said vacancy is filled, which said vacancy shall be filled at the next annual election after such vacancy shall occur. The members of said board shall severally take an oath to discharge the duties of their office to the best of their knowledge and ability. § 4. The said board of educatioji shall be a body corporate and politic, by the name and style of "The Board of Education of Polo 261 School District," and may have a common seal and change the same at pleasure, and as such may contract and be contracted with, sue and be sued, plead and be impleaded, in and before any tribunal having competent jurisdiction. § 5. It shall be the duty of said board to hold quarterly sessions on the first Tuesday of June, September, December and March of each year, and they may meet by adjournment at such other times as they may think proper, and the president of the board or any two members thereof may call a special meeting of the board, by giving a verbal notice of the time and place and object thereof, or leaving a written notice thereof at the residence of all the other members of the board; and at all the meetings a majority of the board shall be a quorum to transact business. Said board shall organize by appoint- ing one of their number president. They shall elect a clerk, who may be a member of the board, and a treasurer, who shall not be a member of the board, who shall hold their respective offices during the pleasure of the board, and until their successors shall be elected and qualified. It shall be the duty of the president, when present, to preside at all meetings of the board, and it shall be the duty of the clerk to be present at said meetings, and to record in a book to be provided for that purpose, all the official proceedings of said board, which record shall be public and open to the inspection of any person interested; and all said proceedings, when recorded, shall be signed by the president and clerk, and a copy thereof, certified by the clerk, shall be prima facie evidence of such proceedings in courts and other places. If the president or clerk be absent, the board may appoint a president or clerk p?'o tern. The treasurer shall execute to said board an official bond, with good and sufficient securities, such bond to be approved by the board, in such sums as the board shall determine, but to be, as nearly as can be ascertained, in double the amount of all moneys that will at one time be in his hands, and conditioned for the performance of his duties as treasurer, and especially faithfully to keep and from time to time pay over all moneys that he shall receive as such treasurer, as he shall be directed by order of the board, or re- quired by law to do. He shall keep a true and accurate record, in proper books for that purpose, of all moneys received and paid out by him, for what purpose and upon what and whose account; but he shall pay out no money except upon order of the board. For all moneys paid out he shall take and file with the papers of his office proper vouchers, and he shall settle his accounts with the board at least once in each year, and oftener if the board shall so require. § 6. No member of the board shall receive any compensation for his attendance at the meetings of the board, nor for the performance of its ordinary duties ; but for extraordinary services reasonable com- pensation may be allowed, the board to determine what are extra- ordinary services, and the compensation therefor. The secretary and treasurer shall receive such compensation as the board may prescribe. § 7. The treasurer shall, under direction of the board, demand and receive of the officer or officers having the custody thereof, any inter- est or other money, from any school fund or any other source to which the Polo School District, or any part thereof, or the schools or the 262 teachers therein, would be entitled if this act had not been passed; and the money so received from such funds or sources, shall be placed in the treasury, to be used and expended under the order and direc- tion of the board for the support of schools and for school purposes, in the same manner as other funds that shall come into the treasury by taxation or otherwise. § 8. Said board of education, so far as applicable to the above mentioned territory as constituting said Polo School District, and any additions to said district which may hereafter be made, shall be the legal successors of the trustees of schools of said township twenty- three (23) North, of range eight (8) East of the fourth (4th) principal meridian, in Ogle county, and shall have the entire and exclusive con- trol of all school funds of said Polo School District, or any part there- of, whether consisting of the portion of the school or township funds belonging and to belong to said district, or any part thereof, or de- rived from taxation or loans or otherwise, to be used by them as pro- vided in this act, and they may receive any gift, grant, donation, devise, bequest, or legacy, 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 corporate capacity, with the title, care and custody of all lands, lots, school houses, school libraries, apparatus and other property belonging or appertaining to the com- mon schools of the district, or any of them, or which may be within their jurisdiction, with full power to control the same in such manner as they may think will promote the interest of schools or the cause of education, and not inconsistent with the provisions of this act; and when in their opinion it may be for the interest of said district, to sell any lot or tract of land or building belonging to said district, or any part thereof, said board may sell and convey the same in the name of the board, and such conveyance, as well as all other convey- ances, contracts and assignments of the board, shall be executed by the president and clerk of the board of education of Polo School Dis- trict, and the money of sales and assignments shall be paid to the treasurer of said board for the benefit of schools ; and all conveyances of real and personal estate and assignments of choses in action which are made to said board, shall be made to said board in its corporate name, and said board may purchase and hold such real estate and personal property as may be necessary for the establishment and sup- port of schools, and such real estate as may be purchased under any sale upon execution or decree in favor of said board, or in satisfaction of any debt due the said board, and at any time thereafter may sell and convey the same. § 9. For the purpose of erecting school houses, purchasing school house sites, or repairing or improving the same, or purchasing libraries or apparatus, it shall be lawful for said board to borrow money at a rate of interest not exceeding 10 per cent, per annum, and issue bonds therefor, in sums of not less than $100.00; which bonds shall be exe- cuted by the president and clerk of said board in the name of the board: Provided, that the bonds issued by said board and outstand- ing, shall not at any time exceed 5 per centum of the assessed value of the real and personal property of said district. 263 § 10. Said board may also, at any time when they may deem it necessary, borrow any sum or sums of money, for a time not exceed- ing one year, at a rate of interest not exceeding 10 per cent, per armum, to be expended for general school purposes: Provided, that the total amount of money so borrowed and unpaid shall not at any time exceed 3 per centum of the assessed value of the real and per- sonal property of said district; and for the payment of the moneys so borrowed, the proceeds of the taxes first paid into the treasury there- after, and not especially appropriated by law, are hereby specifically pledged and shall be applied in payment of the sums so borrowed, in preference to any other debts. § 11. If any judgment shall be obtained against said board, 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 obtained, or to which such judgment shall be removed by transcript or appeal from a justice of the peace or other court, to issue thence a writ commanding the board of education and treasurer of said district, to cause the amount thereof, with 10 per cent, interest and costs, to be paid to the party entitled to the benefit of said judgment, out of any moneys unappropriated of said district, and if there be no such moneys, out of the first moneys that shall be received for the use of said district, and to enforce obedience to such writ by attachment or by mandamus, requiring said board to levy a tax for the payment of said judgment; and all legal process, as well as writs to enforce payment of a judgment, shall be served either on the president or clerk of said board. § 12. Said board shall, on or before the first day of August in each year, cause to be raised by taxation for school purposes, including the payment of any debts due, or during the ensuing year to become due, from said district, such an amount as they shall estimate will, together with available means accruing from other sources, be re- quired for school purposes in said district for the ensuing year, and shall determine, as nearly as practicable, what rate per cent, not to exceed three per cent, unless the debts to be paid require it, on all the taxable property of said district, must be levied to raise the amount so estimated, and shall make an order therefor, and the clerk shall enter the same upon the records of the board. It shall be the duty of the clerk of said board to make out a certified copy of said order, signed by the president of the board and attested by the clerk, and within ten days from the passage of said order, present the same to the clerk of the board of supervisors of Ogle county. The tax so levied by the said board of education shall be assessed and col- lected in the same manner, and at the same time, and by the same ofiicers, that State taxes are assessed and collected within the limits of said district, and the proceeds paid to the treasurer of said board of education, after deducting therefrom one-half the per centage allowed for assessing and collecting State taxes. § 13. The said board of education shall transact all business which may be necessary in relation to common schools in said dis- trict. 264 First — They shall establish a sufficient number of common schools for the education of every person residing in said district over the age of 5 years and under the age of 21 years, and shall make the necessary provisions for continuing said schools in operation at least nine months in every year. Second — They shall cause suitable lots of ground to be procured, and suitable buildings to be erected, purchased, or rented for school houses, and shall supply the same with fuel, furniture and apparatus, and may cause said buildings and other property to be insured, and shall make all other provisions relative to schools which they may deem proper. Third — They shall exercise general supervision over the common schools of the district, and shall, by one or more of their number, or by their agent or agents, visit each one of said common schools at least once a month while they are in operation. Fourth — They shall appoint all the teachers of said common schools, establish rules respecting their qualifications, and how the same shall be determined, fix the amount of salary or compensation of each teacher, and may dismiss any teacher at any time. Fifth — They may direct what branches of learning may be taught, and what books shall be used in each school. Sixth — They shall have power to establish schools of different grades, and the rules and regulations for the admission of pupils into the same, having regard to the qualifications of the pupils ; and they may suspend or expel from the schools, any pupil found guilty, on a full examination and hearing, of refractory or incorrigably bad con- duct. Seventh — They may lay off and divide said Polo School Di&trict into local districts; and from time to time alter the same, or create new ones, as circumstances may require. Eighth — They may appoint a board of three persons in each local district, to be denominated district directors, and prescribe, by estab- lished rules and regulations, the powers and duties of such directors, and remove them at their pleasure. Ninth — They may appoint such other officers, committees or agents as they shalll deem best and most conducive to the well being of schools and of school education in said Polo School District. Teyith — And generally, they shall have and possess all the rights, powers and authority necessary for the proper management of the schools and the school funds, with the power to make all such rules, orders and ordinances as they may deem necessary to carry their powers and duties into effect, and perfect a good system of public instruction and common schools in said district. § 14. The several teachers of said public schools shall keep schedules of the pupils attending the schools, as is now required or may hereafter be required of teachers of schools by law; and the said board of education shall make return and report to the State superin- tendent of public schools, or other proper officer, on all such matters and things as are or shall be required by law, and the direction of such superintendent or other proper officer, or any county or town- 255 ship officers, and shall make such other reports as persons having the control of public schools, are or may be required to make by virtue of any law of this State. § 15. Said board shall, at the end of each year of their term of office, cause to be prepared and published in one or more of the news- X^apers published in the town of Polo, a statement exhibiting the condition of schools for the preceding year, which statement shall be substantially as follows, viz: First — The whole number of schools which have been taught in said year. Second — What number of teachers have been employed in each school, stating the name of each teacher, the time employed, and the compensation paid. Third — The whole number of scholars in all the schools, giving the number of males and females in each school separately, and the aver- age number in attendance, Fourth — The amount of all the funds received into the treasury, during the year, and the sources from whence it was received, stating the amount received from each source. Fifth — The amount paid out, stating in every case for what, and to whom, paid. Sixth — The amount and kind of unexpended funds on hand at the end of the year. Seventh — A statement of the total amount received, and the total amount paid out, for school purposes during the year. § 16. Any member of said board who shall appropriate to his own use any of the funds that may come into his hands, or under his con- trol, belonging to said district, for school purposes, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not exceeding $500, and imprisoned in the county jail not exceeding one year. § 17. All of the territory which, at the time of the passage of this act, is embraced in what is called or known as the corporate limits of the town of Polo, and all of the territory now included in the present school districts number two and nine, in said township (28) twenty- three North, of range eight (8) East, of the (4th) fourth principal meridian, shall be included in and constitute a part of said Polo school district; and any tract or tracts of land adjoining said district may be annexed to it on condition that three-fourths of the legal voters residing within the limits of such tract or tracts, shall petition the board of education to be annexed to said district, and that their petition shall be granted by the unanimous vote of all the members of said board. Whenever any territory shall be so annexed to and become a part of said district, all the provisions of this act shall be applicable to it in the same manner as they would have been if it had been embraced within the district at the time of the passage of this act. § 18. The provisions of section (16) sixteen of this act shall be held to apply to the clerk, treasurer, or any other officer or agent elected or appointed in pursuance of this act. 266 § 19. Any officer whose duty it shall be to collect the taxes levied by or payable to said board of education, shall, on the last Saturday of each month, pay to the treasurer of said board so much of said taxes, after deducting his percentage, as he has collected, and not paid previous to that time, and for failure to make payments as herein required, he shall forfeit to said board, for school purposes, his percentage for collecting the taxes, and two per cent, a month on the amount so retained from the time it was due until it is paid. § 20. If there is an omission in any year to legally assess the school tax levied by said board of education upon any real estate or personal property, within the limits of said district, and subject to taxation, the taxes thus omitted to be legally assessed shall be added to the assessment upon the property the following year, and collected and paid into the treasury of said board. § 21. The said board of education are hereby authorized and em- powered to select and purchase a site and erect a school building thereon, at a cost not to exceed $16,000, and said board of education may borrow money for said building purposes, in accordance with the provisions of this act. § 22. All prior acts or parts of acts inconsistent with the provi- sions of this act, are hereby repealed; and any act of the general assembly now in force, or hereafter enacted, shall not be construed in any manner to repeal, alter or change any of the provisions of this act, unless such act shall specifically provide for such repeal, altera- tion or change. § 23. This act is declared to be a public law, and shall take effect and be in force from and after its passage. Appeoved February 14, 1867. PEINCETON HIGH SCHOOL DISTEICT. An Act to incorporate the Princeton High School District. Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That all the territory now in- cluded within the boundaries of the township of Princeton, in the county of Bureau and State of Illinois, together with such territory as may be hereafter added thereto, be and is hereby established a common high school district, to be known as the "Princeton High School District." § 2. The government, care and superintendence of the public high schools within said district, and of the funds and estate, both real and personal, belonging to, and which may be hereafter acquired by or conveyed to said district, shall be vested in a board of education of said high school district. § 3. The following named persons, to-wit : John H. Bryant, Flavel Bascom, Jacob Critzman, Mathew Trimble and George O. Ide, shall compose the first board of education of said high school district, until their successors are duly elected and qualified as hereinafter provided. 267 It shall be the duty of said persons or a majority of them, to assemble within sixty days after the passage of this act, at the court house in said Bureau county, and organize as such board of education by elect- ing one of their number president, and one as clerk of said board. They shall appoint a treasurer of said high school district, and shall have all the powers, and be governed in all other respects by the provisions of this act, so far as the same may be applicable. The said persons, or a majority of them, shall have the power to fill vacancies in their number occasioned by declination, disqualification, resigna- tion, death, or removal from said high school district. § 4. The persons composing said board of education, provided for in the third section of this act, shall hold their offices as follows: two of them until the first Tuesday of June, 1868, two until the first Tues- day of June, 1869, and the fifth until the first Tuesday of June, 1870. The respective terms of office of the members of said board appointed and provided for as aforesaid, shall be determined by them at their first meeting by casting lots. § 5. On the first Tuesday of June, 1868, and on the first Tuesday of June annually thereafter, an election shall be held to elect succes- sors to those members whose terms of office are then expiring, and to fill all vacancies, if any, occurring in said board, during the preceding year. The persons elected at such annual elections shall hold their offices for three years, or until the expiration of the unfinished terms which they have been elected to fill, as the case may be. § 6. The said board of education, or the remaining members thereof, shall have the power to fill, until the ensuing annual election in said high school district, all vacancies in said board occasioned by death, resignation, disqualification, failure to elect, or removal from said district, and to fill by appointment, vacancies among the officers of said board occasioned by any of the causes aforesaid. The mem- bers of said board, and the treasurer appointed by them, shall, previous to entering upon their official duties, take an oath, in addition to those prescribed by the Constitution of this State, faithfully and impartially to discharge the duties of their respective offices to the best of their abilities. § 7. Notice of such annual elections shall be given by the clerk of said board by posting written or printed notices of the time, places and objects of such elections in three of the most public places in said district, at least ten days before such elections are held, and also by publishing a similar notice in some newspaper published in said district, by one insertion at least one week previous to the day of the election. Said elections shall be held at the usual place for holding general elections in said township, and shall be by ballot. The president of said board, and two members thereof, to be selected by said board, shall be judges, and the clerk of said board clerk of such elections; but if any of said officers shall fail to attend, or refuse to act, the electors assembled shall, viva voce, choose three judges and a clerk of the election. A poll book shall be kept by the clerk, register- ing the names of the voters, and the persons receiving the highest number of votes shall be declared elected. In case of a tie in any 268 election, the judges of election sliall decide the same by casting lots on the day of the election. Elections shall be opened at the hour of 10 o'clock a. m., and close at the hour of 5 o'clock p. m. The judges and clerk shall certify to the board of education the names of the persons so elected members of said board, the term for which they were elected, and the number of votes each person voted for received, and shall return their certificate and said poll book to the said board within ten days after such election. § 8. Said board of education is hereby created a body corporate and i3olitic, by the name of the "Board of Education of the Princeton High School District," and by that name may sue and be sued, plead and be impleaded, answer and be answered unto, in all courts and places, contract and be contracted with, and have perpetual succession and a common seal, and the same may alter or change at pleasure. Said board may exercise, in the furtherance of the objects contem- plated by this act, all the powers conferred on the school trustees of townships or boards of directors of school districts, by any law now in force, or that may be hereafter enacted. Said board shall have power to receive and hold, in their said corporate name, all real and personal property that may be conveyed, given or devised to it for said district, and in the said corporate name to dispose of and convey the same, for the benefit of said district. All conveyances of real estate made by said board shall be executed and acknowledged by the president of said board, and attested by the corporate seal and by the signature of the clerk: Provided, that all such conveyances shall be authorized by a resolution of said board: A7id, provided, further, that all sales and conveyances of school houses, buildings and grounds apurtenant thereto, shall be first determined by a majority of the votes cast by the electors of said district, upon the submission by said board by the question of said sale at an annual election, due notice having been first given as provided in section 7 of this act. § 9. Said board of education shall have the following additional powers : Fii^st — It shall have power to establish, maintain and regulate a high school, with the necessary departments, within said district. Seco7id — To prescribe, by regulations, the qualifications for admis- sion into said high school and its respective departments, of persons residing in said district, free of charge for tuition therein, and also to provide for the admission into the same of persons residing without said district, upon such terms and payment for tuition as said board shall regulate. Third — To have the custody and control of all high school property in said district. Fourth — To erect, hire or purchase buildings suitable for the pur- poses of such high school and its necessary departments. Fifth — To buy or lease sites for such high school and its depart- ments, with its necessary grounds. Sixth — To purchase, lease, control, adorn and improve play grounds or parks adjacent to such high school or its necessary departments. 269 Seventh — To furnish said high school and its departments with necessary fixtures, furniture, books, aj^paratus and libraries, and to provide for the proper care, protection and maintenance of the same. Eighth — To employ teachers, determine their duties and fix the compensation to be allowed them from time to time, and at any reg- idar or special meeting, all the members of said board being present at such special meeting, to dismiss such teachers or any of them, for gross immorality, incompetency, or other adequate cause. Ninth — To direct what studies and branches of learning shall be taught, and what text books shall be used in said high school and its several departments. Tenth — To establish departments or different grades in said high school, and to make all necessary rules and regulations for the ad- mission and advancement of applicants and pupils, and for the government of said high school and its departments; to suspend or expel pupils guilty of refactory, disobedient or immoral conduct, or possessed of any infectious or contagious disease. Eleventh — To appoint agents and servants to execute any matter conducive to the interests of said high school district, consistent with this act, and for their services to pay them such reasonable compen- sation as said board shall fix. Twelfth — For the purpose of building a high school and other school buildings, and additions thereto, for the use of said high school district, and of repairing and improving the same, and pur- chasing real estate for such buildings, libraries, apparatus and other objects contemplated by this act, or of paying indebtedness con- tracted therefor, it shall be lawful for said board to borrow money, at a rate of interest not exceeding 10 per cent per annum, and to issue bonds therefor in sums of not less than one hundred dollars, which bonds shall be signed by the president and attested by the clerk and seal of said board. § 10. Said board of education shall have full power, and it shall be its duty, to determine the amount of money needed to maintain said high school and its departments, and to pay all expenses of said district, of every description, for each school year, and to determine the amount of money needed at any time for the purpose of purchas- ing, leasing or improving grounds for said high school objects, or of purchasing, leasing, building, finishing, repairing, improving or ex- tending their said high school houses, or of procuring furniture, li- braries and apparatus, or of paying the indebtedness of said high school district. Said board shall have power and authority to levy taxes upon all the taxable real and personal property in said district, for the purpose of raising said amounts of money so determined by it. Said board shall designate the amount of money required for the maintenance and expenses of said high school and its departments for each school year, as aforesaid, "school tax;" and the amount required for any other purposes specified in this section, said board shall desig- nate "school house tax." It shall be the duty of said board to ascer- tain, at any meeting prior to the second Monday of September, annually, the rate per cent upon the assessment of real and personal 270 property in said high school district for State and other purposes for that year, needed to be levied to raise the amount of "school tax" de- termined upon, and what rate per cent upon the same will be needed to raise the amount of "school house tax" determined upon; which rate or rates shall be certified by the president and attested by the clerk of said board, and returned to the clerk of the county court of said Bureau county on or before the second Monday of September, annually. The certificate or certificates so made may be in the follow- ing form, as near as may be: The Board oi Education of the Princeton High School District requires the rate of per cent, on the dollar to be levied on the taxable property of said district, for the year , for the purpose of school tax, (or school house tax, as the case may be.) Dated this day of , 18 . . . . A B President. Attest: C D Clerk. It shall be the duty of said county court to extend the tax or taxes so certified to him in one column, under the name of "high school tax," according to said rate or rates upon the book for that year of the collector of taxes for the territory embraced in said high school district; and the said taxes shall be collected as other taxes are or may be, and, when collected, shall be paid over, on demand, to the treasurer of said district. The said county clerk and collector shall receive for their services the same compensation as now is or may be provided for extending and collecting district school taxes. It is, however, provided that the rate to be levied in any one year for school tax shall not exceed three per cent, on the assessed valua- tion of the taxable property of the said district, and that the rate to be levied in any one year for school house tax shall not exceed five per cent, on said valuation. § 11. Said Board of Education shall hold regular meetings once each month, at such time and place as shall be designated by the rules of said board. Said board shall make, from time to time, all needful rules and regulations for its own government and that of all officers, teachers and agents appointed by said board, and for the custody, control, care and management of the school's fund and property belonging at any time to said district. § 12. Said board, shall, annually, at its stated meeting in July, elect a president and a clerk, both of whom shall be members of said board, and who shall hold their offices for one year. Said board shall also, at said meeting, appoint a treasurer of said high school district, who shall not be a member of said board, and who shall hold his office during the pleasure of said board. The president shall preside at all meetings, and perform all other duties required by the rules of said board. The clerk shall record the proceedings of all meetings, the result of all elections held under this act, and the rules and regu- lations of said board. The said record shall be signed by the presi- dent and attested by the clerk; and the same or certified copies there- of, under the hand of said clerk and the seal of said board, shall be prima facie evidence of the proceedings of said board in all courts 271 and places. Said board may adjourn from time to time, and the president or any two members thereof, may call special meetings, at such times and in such manner as the rules of said board shall provide. Three members of said board shall constitute a quorum for the transaction of business. In the absence of the president or clerk, the board may appoint a president or clerk pro tern. § 13. Said Board of Education may make such rules concerning the duties of the treasurer and the disposition of the funds and other property in his custody, as are not inconsistent with this act. § 14. The treasurer of said high school district shall execute, within ten days from his appointment, a bond, with two or more good and sufficient sureties, to be approved by said board, which bond shall be tiled and recorded by the clerk, shall be made payable to said board in a penalty to be fixed by said board, and conditioned that he will safely keep, and, from time to time, pay over, upon the order of said board, all moneys and effects which shall come into his hands or under his control as such treasurer, and will deliver over to his successor in office, all books, papers, securities, x^roperty and moneys remaining in his hands, and belonging to said district, and will faithfully discharge the duties of his oflSce according to law, and the rules made by said board from time to time. It shall be the duty of said treasurer to receive and keep all moneys due and payable to said district. He shall keep an accurate account of all moneys re- ceived and paid out by him, in a record to be kept for that purpose, and shall pay out no moneys or other effects excepting on the order of said board. He shall retain vouchers for all moneys so paid out, and shall receive from all moneys paid out on such orders, a fee, to be fixed by said board, not exceeding two per cent. He shall settle his accounts with said board at the August meeting in each year, and shall produce his books and papers to said board whenever required so to do. All orders on said treasurer shall state for what purpose issued, shall be signed by the president, and registered and attested by the clerk of said board. § 15. No person shall be eligible to serve as a member of said board, or to vote at any election provided for in this act, or to act as judge or clerk of such election, unless he shall be a resident of said district, and have the qualifications of an elector at township elections. § 16. The said Board of Education is hereby made the successors in office of the directors of the high school district, organized in the said township of Princeton, and known by the name of "The High School District of Princeton;" which said last named district is here- by merged in the high school district created by this act. All high school buildings, property and real estate belonging to said high school district of Princeton, are hereby conveyed to and vested in said Board of Education and its successors in oflSce, in fee simple, for the purposes contemplated by this act. It is hereby made the duty of the trustees of schools of said township to execute and deliver to said Board of Education, all conveyances requisite to perfect, in said Board of Education, the title to all real estate now held in trust by said trustees for said high school district of Princeton. 272 § 17, The said Board of Education shall have the power, and is hereby directed, to ratify, assume and carry out all contracts made and entered into by said directors, on behalf of said district, for building and other school objects, and, for the purpose of executing such contracts, shall levy taxes and issue bonds as provided in this act. § 18. Nothing in this act shall be construed as affecting the present organization of the common school districts in said township, or the control and conduct of the same under the general laws of this State. § 19. This act shall be deemed a public act, and shall be in force from and after its passage. Appeoved February 5, 1867. KOCKPOED SCHOOL DISTEICT. An Act to I'educe the charter of the city of JRockford and the sev- eral acts amendatory thereof mto one act, and to revise and amend the same. Section 1. The council shall have power — First — To lay off and divide the city into school districts, alter the same and create new ones. Second — To purchase or lease sites for school houses, with neces- sary grounds. Third — To erect, hire or purchase buildings suitable for school houses, and keep the same in repair. Fourth — To furnish schools with the necessary j&xtures, furniture, libraries and apparatus. Fifth — To establish, support and maintain public schools. Sixth — To hire teachers and fix their compensation. Seventh — To prescribe the studies to be taught in the different schools, and the school books to be used. Eighth — To appoint a board of school inspectors, not exceeding five in number, and to prescribe the powers and duties of such in- spectors. Ninth — To cause the public moneys for the support of schools, to which the said city or the schools therein, may be entitled, to be paid into the city treasury, and to direct the expenditure thereof. Tenth — To supply the inadequacy of such moneys for the payment of teachers, by a school tax. Eleventh — To levy and collect taxes for that purpose, and for build- ing of school houses, and repairing the same, and for other purposes mentioned in this article. The said taxes to be called school taxes, and the funds thereof shall be kept a separate fund. Appeoved Feb. 15, 1865. EOCK ISLAND SCHOOL DISTEICT. An Act to incorporate Bock Island School District. Section 1. Be it enacted hy the Beople of the State of Illinois, represented in the General Assembly : That all of fractional town- 273 ship number eighteen North, of range number two West of the fourth principal meridian is hereby constituted a school district to be known as Rock Island School District. § 1. The government of said district for school purposes shall be vested in a board of five persons, to be styled the board of education of Rock Island School District, and to be elected, qualified and or- ganized as hereinafter provided. § 3. There shall be elected by the qualified voters of said district, on the first Tuesday of April next, five persons who shall constitute said board, and hold their office for two years until their successors shall be elected and qualified; except that at their first meeting after said election they shall be divided by lot into two classes : two of them to be of the first class and three of them second class, and the seats of the first class shall be vacated at the expiration of one year, when there shall be an election of two members of the board, of the first class ; and thereafter on the first Tuesday of April, annually, there shall be an election of said classes alternately. The meetings for said elections shall be notified by the mayor of the city of Rock Island, by giving at least ten days' notice of the time and place, or places of said elections, by publishing a notice thereof in one or more of the news- papers of said city, and the poll books shall be opened and kept, the votes canvassed and returns made, and all other proceedings had in the same manner as in elections of mayor and aldermen in the city of Rock Island: Provided, that it shall not be necessary to open the polls at more than one place, unless the mayor shall deem it expe- dient to open them in each ward of said city. In case of a tie in any election, the same shall be decided by lot, by the judges of election, on the day of election. If between the times of the annual elections any vacancy shall occur in the said board by death, resignation or re- moval from the limits of said district, the remaining members shall fill the vacancy by appointment; and the person so appointed shall hold the office until the next annual election, and until his successor shall be elected and qualified. The members of said board shall sev- erally take an oath to discharge the duties of their office to the best of their knowledge and ability. § 4. The said board of education shall be a body corporate and politic, by the name and style of the board of education of Rock Is- land School District, and may have a common seal, and change the same at pleasure; and as such may contract and be contracted with, sue and be sued, plead and be impleaded in and before any tribunal having competent jurisdiction. § 5. It shall be the duty of said board to hold quarterly sessions on the second Tuesday of April, July, October and January of each year; and they may meet by adjournment at such other times as they may think proper, and the president of the board, or any two mem- bers thereof, may call a special meeting of the board by giving a verbal notice of the time and place and object thereof, or leaving a written notice thereof at the residences of all the other members of the board; and at all meetings a majority of the board shall be a —18 S L 274 quorum to transact business. Said board shall organize by appoint- ing one of their number president; they shall also elect a clerk, who may be a member of the board, and treasurer, who shall not be a member of the board, who shall hold their respective offices during the pleasure of the board, and until their successors shall be elected and qualified; it shall be the duty of the president, when present, to preside at all meetings of the board; and it shall be the duty of the clerk to be present at said meetings, and to record in a book, to be provided for that purpose, all the official proceedings of said board, which record shall be public and open to the inspection of any person interested; and all said proceedings, when recorded, shall be signed by the president and clerk, and a copy thereof, certified by the clerk, shall be prima facie evidence of such proceedings in courts and other places. If the president or clerk be absent the board may appoint a president or clerk pro tern. The treasurer shall execute to said board an official bond, with good and sufficient securities, such bond to be approved by the board, in such sums as the board shall deter- mine, but to be, as nearly as can be ascertained, in double the amount of all moneys that will at one time be in his hands, and conditioned for the performances of his duties as treasurer, and especially faith- fully to keep and from time to time pay over all moneys that he shall receive as such treasurer, as he shall be directed by order of the board Or required by law to do; he shall keep a true and accurate record, in proper books for that purpose, of all moneys received and paid out by him, for what purpose and upon what and whose account; but he shall pay out no money except upon order of the board; for all moneys paid out he shall take and file, with the papers of his office, proper vouchers, and he shall settle his accounts with the board at least once in each year and oftener if the board should so require. § 6. No member of the board shall receive any compensation for his attendance at the meetings of the board nor for the performance of its ordinary duties, but for extraordinary services reasonable com- pensation may be allowed, the board to determine what are extraordi- nary services and the compensation therefor. The secretary and treasurer shall receive such compensation as the board shall prescribe. § 7. The treasurer shall, under the direction of the board, demand and receive of the officer or officers having the custody thereof, any interest or other money from any school fund or any other source, to which the Rock Island School District, or any part thereof, or the schools or the teachers therein would be entitled if this act had not been passed; and the money so received from such funds or sources shall be placed in the treasury to be used and expended under the order and direction of the board for the support of schools and for school purposes, in the same manner as other funds that shall come into the treasury by taxation or otherwise. § 8. Said board of education shall be the legal successors of the trustees of schools in said township eighteen North of range two West of the fourth principal meridian, and shall have the entire and exclus- ive control of all school funds of said Rock Island School District, or 275 any part thereof, whether consisting of the portion of the school, col- lege, seminary or township funds belonging and to belong to said dis- trict, or any part thereof, or derived from taxation, loans or otherwise, to be used by them, as provided in this act, and they may receive any gift, grant, donation, devise, bequest or legacy, 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 corporate capacity, with the title, care and custody of all lands, lots, school houses, school libraries, apparatus and other property belong- ing or appertaining to the common schools of the district, or any of them, or which may be within their jurisdiction, with full power to control the same in such manner as they may think will promote the interests of schools or the cause of education and not inconsistent with the provisions of this act; and when, in their opinion, it may be for the interest of said district to sell any lot or tract of land or build- ing belonging to said district, or any pait thereof, said board may sell and convey the same in the name of the board, and such convey- ance, as well as all other conveyances, contracts and assignments of the board, shall be executed by the president and clerk of the board of education of Rock Island School District and the moneys of all sales and assignments shall be paid to the treasurer of the board for the benefit of schools; and all conveyances of real and personal estate and assignments of choses in action which may be made to said board, shall be made to said board in its corporate name; and said board may purchase and hold such real estate and personal property as may be necessary for the establishment and support of schools, and such real estate as may be purchased under any sale upon exe- cution or decree in favor of said board or in satisfaction of any debt due the said board, and at any time thereafter may sell and convey the same. § 9. For the purpose of erecting school houses, purchasing school house sites or repairing or improving the same, or purchasing libra- ries or apparatus, it shall be lawful for said board to borrow money at a rate of interest not exceeding ten per cent, per annum, and issue bonds therefor, in sums of not less than $100, which bonds shall be executed by the president and clerk of said board, in the name of the board: Provided, that the bonds issued by said board, and outstand- ing, shall not at any time exceed one per centum of the assessed value of the real and personal property of said district. § 10. Said board may also, at any time when they may deem it necessary, borrow any sum or sums of money for a time not exceed- ing one year, and at a rate of interest not exceeding ten per cent, per annum, to be expended for general school purposes: Provided, that the total amount of moneys so borrowed and unpaid, shall not at any time exceed one-half of one per centum of the assessed value of the real and personal property of said district; and for the pay- ment of the moneys so borrowed the proceeds of the taxes first paid into the treasury thereafter, and not specially appropriated by law, are hereby specifically pledged and shall be applied in payment of the sums so borrowed in preference to any other debts. 276 § 11. If any judgment shall be obtained against said board, 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 obtained, or to which such judgment shall be removed by transcripts or appeal from a justice of the peace or other court, to issue thence a writ commanding the board of education and treasurer of said district to cause the amount thereof, with ten per cent, interest and costs, to be paid to the party entitled to the benefit of such judgment, out of any moneys unappropriated, of said district ; and if there be no such moneys, out of the first moneys that shall be received for the use of said district, and to enforce obedience to such writ by attachment, or by mandamus, requiring said board to levy a tax for the payment of said judgment, and all legal process, as well as writs to enforce payment of a judgment, shall be served either on the president or clerk of said board. § 12. Said board shall, on or before the first day of August in each year, caused to be raised by taxation, for school purposes, in- cluding the payment of any debts due, or during the ensuing year to become due from said district, such an amount as they shall estimate will, together with the available means accruing from other sources, be required for school purposes in said district, for the ensuing year, and shall determine, as nearly as practicable, what rate per cent., not to exceed one per cent., unless the debts to be paid require it, on all the taxable property in said district, must be levied to raise the amount so estimated, and shall make an order therefor; and the clerk shall enter the same upon the records of the board. It shall be the duty of the clerk of said board to make out a certified copy of said order, signed by the president of the board and attested by the clerk, and within ten days from the passage of the said order, present the same to the clerk of the board of supervisors of Eock Island county. The tax so levied by the said board of education shall be assessed and collected in the same manner and at the same time and by the same ofiicers that State taxes are assessed and collected within the limits of said district, and the proceeds paid to the treasurer of said board of education, after deducting therefrom one-half the per centage allowed for assessing and collecting State taxes. § 13. The said board of education shall transact all business which may be necessary in relation to common schools in said district: First — They shall establish a sufficient number of common schools for the education of every person residing in said district, over the age of five years and under the age of twenty years, and shall make the necessary provisions for continuing said schools in operation at least eight months in every year, except the first year after the organ- ization under this act. Second — They shall cause suitable lots of ground to be procured, and suitable buildings to be erected, purchased or rented for school houses, and shall supply the same with fuel, furniture and apparatus, and may cause said buildings and other property to be insured, and shall make all other provisions, relative to schools, which they may deem proper. 277 Third — They shall exercise general supervision over the common schools of the district, and shall, by one or more of their number, or by their agent or agents, visit each one of said common schools, at least once a month, while they are in operation. Fourth— They shall appoint all the teachers of said common schools; establish rules respecting their qualifications, and how the same shall be determined; fix the amount of the salary or compensation of each teacher, and may dismiss any teacher at any time. Fifth — They may direct what branches of learning shall be taught, and what books shall be used in each school. Sixth — They shall have power to establish schools of different grades, and the rules and regulations for the admission of pupils into the same, having regard to the qualifications of the pupils; and they may suspend or expel from the schools any pupil found guilty, on a full examination and hearing, of refractory or incorrigibly bad con- duct. Seventh — They may lay off and divide Rock Island School District into local districts, and from time to time alter the same or create new ones as circumstances may require. Eighth — They may appoint a board of three persons in each local district to be denominated district directors; and prescribe by estab- lished rules and regulations the powers and duties of such directors, and remove them at their pleasure. f^. Ninth — They may appoint such other officers, committees or agents as they may deem best and most conducive to the well being of the schools and of school education in said Rock Island School District. Tenth — And generally they shall have and possess all the rights, powers and authority necessary for the proper management of the schools and the school funds, with the power to make all such rules, orders and ordinances as they may deem necessary to carry their powers and duties into effect, and perfect a good system of public in- struction and common schools in said district. § 14. The several teachers of said public schools shall keep schedules of the pupils attending the schools, as is now required or may hereafter be required of teachers of schools by law; and the said board of education shall make return and report to the State super- intendent of public schools or other proper officer, on all such matters and things as are or shall be required by law, and the direction of of such superintendent or other proper officer, of any county or town- ship officers ; and shall make such other reports as persons having the control of public schools are or may be required to make by virtue of any law of this State. § 15. Said board shall, at the end of each year of their term of office, cause to be prepared and published in one or more of the news- papers published in the city of Rock Island, a statement exhibiting the condition of schools for the proceeding year, which statement shall be substantially as follows, viz: First — The whole number of schools which have been taught in said year. 278 Second — What number of teachers have been employed in each school, stating the name of each teacher, the time employed and the compensation paid. Third — The whole number of scholars in all the schools, giving the number of males and females, in each school, separately, and the average number in attendance. Fourth — The amount of all the funds received into the treasury during the year, and the sources from whence it was received, stating the amount received from each source. Fifth — The amount paid out, stating in every case for what and to whom paid. Sixth — The amount and kind of unexpended funds on hand at the end of the year. Seventh — A statement of the total amount received and the total amount paid out for school purposes during the year. § 16. All of the territory which at the time of the passage of this act, or at any time hereafter, may be embraced in the corporate limits of the city of Rock Island, shall be included and constitute a part of Rock Island School District; and any tract or tracts of land adjoining said district may be annexed to it, on condition that three-fourths of the legal voters residing within the limits of such tract or tracts shall petition the board of education to be annexed to said district, and that their jjetition shall be granted by the unanimous vote of all the mem- bers of said board; whenever any territory shall be so annexed to and become a part of said district, all the provisions of this act shall be applicable to it in the same manner as they would have been if it had been embraced within the districts at the time of the passage of this act. § 17. For any neglect or failure by the said board of education, or of any member thereof, to fulfil the duties required of or imposed upon them by any of the provisions of this act, they shall be liable to a penalty of $50.00, to be recovered in an action of debt, at the suit of any person who may complain; and any member of said board who shall appropriate to his own use any of the funds that may come to his hands or under his control, belonging to said district, for school purposes, shall be deemed guilty of a misdemeanor, and upon convic- tion thereof shall be fined in any sum not exceeding $500.00, and imprisoned in the county jail, not exceeding one year. § 18. The provisions of the last preceding section shall be held to apply to the clerk, treasurer or any other ofiicer or agent elected or appointed in pursuance of this act. § 19. All prior acts or parts of acts inconsistent with the provisions of this act are hereby repealed; and any act of the General Assembly now in force, or hereafter enacted, shall not be construed in any man- ner to repeal, alter or change any of the jirovisions of this act, unless such act shall specifically provide for such repeal, alteration or change. § 20. This act is declared to be a public law, and shall take effect and be in force from and after its passage. Appeoved Feb. 18, 1857. 279 KOCK ISLAND SCHOOL DISTRICT AGAIN. An Act to amend an act entitled ''An act to incorporate Rock Is- land school district.^ approved Feb. 18, 1857. Section 1. Be it enacted by the people of the State of Illinois, represemted in the General Assembly : That the annual election of the board of education of the Rock Island school district shall here- after be held on the fourth Tuesday of March in each year. ********* No. 8. Any officer whose duty it shall be to collect the taxes levied by or payable to said board of education, shall, on the last Saturday of each month, pay to the treasurer of said board so much of said taxes, after deducting his per centage, as he has collected and not paid previous to that time; and for failure to make payments, as herein required, he shall forfeit to said board, for school purposes, his per centage for collecting the taxes so retained, and two per cent a month on the amount so retained, from the time it was due until the time it is paid. No. 4. If there is an omission in any year to legally assess the school tax levied by said board of education upon any real estate or personal property within the limits of said district and subject to taxation, the taxes thus omitted to be legally assessed shall be added to the assessment upon the property the following year, and collected and paid into the treasury of said board. No. 5. All prior acts or parts of acts, inconsistent with the pro- visions of this act, are hereby repealed, and any act of the general assembly now in force or hereafter enacted, shall not be construed in any manner to repeal, alter or change any of the provisions of this act, unless such act shall specifically provide for such repeal, altera- tion or change. No. 6. This act is declared to be a public act, and shall take efPect and be in force from and after its passage. Approved Feb. 22, ]8o9. EOCK ISLAND SCHOOL DISTRICT AGAIN. An ACT to amend an act to incorporate the Back Island School District, approved Feb 18, 1857, and the several acts amendatory thereto. Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That the act incorporating the Rock Island School District, approved Feb. 18, 1857, be so amended that the board of education of said district shall, in addition, to the powers conferred upon them by the act to which this act is an amendment, have power to borrow money at a rate of interest not exceeding ten per cent, per annum, to be exclusively expended in purchasing schoolhouse sites, erecting schoolhouses, or in repairing or improving the same, or for the payment of any indebtedness in- curred for such purposes: Provided, that any indebtedness so in- 280 curred shall be paid within five years from the date of its contraction, and shall not exceed such a sum as, in the opinion of said board, can be paid from the proceeds of special taxes, to be levied as hereinafter provided. § 2. The said board of education shall, in addition to powers heretofore conferred, have power to levy a special tax upon the property of said district, subject to taxation, not to exceed one per cent, in any one year, for the exclusive purpose of purchasing school- house sites, erecting schoolhouses, or repairing or improving the same, or for the payment of any indebtedness incurred for such pur- poses. The taxes authorized for this section shall be levied, assessed, collected and paid into the treasury of the board at the same time and in the same manner as the other school taxes of the district. § 8. The annual election of the board of education of Rock Island School District shall hereafter be held on the last Tuesday of June in each year. At the next regular election for members of the board of education all vacancies then existing in said board shall be filled by election in the usual manner, and there shall also be elected two other members of said board, and thereafter said board shall con- sist of five members ; the two members of said board whose terms of office shall not have expired at the next election, shall remain in office for one year from and after said regular elections, and the remaining three members of said board shall select by lot two of their number who shall hold office for two years from and after said election, and the one remaining shall hold office for three years ; and thereafter members of the board shall be elected and hold office for three years: Provided, that in case of elections to fill vacancies oc- casioned by death, removal or resignation, the person elected shall only succeed to the anexpired term of the member whom he suc- ceeds. § 4. The board of education shall not be required to admit into the schools any children adapted to the lowest classes in the primary rooms, except during the first week in each month. § 5. This act shall take effect from and after its passage, and shall be a public act; but no money shall be borrowed or tax levied under this act until after the next regular election for members of the board. Approved Feb. 18, 1867. EUSHVILLE UNION SCHOOL DISTRICT. An Act to incorporate the Bushville Union School District. Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly : That all the territory now included in school district number three, in township two (2) North, range two (2) West, in the county of Schuyler, and State of Illinois, being all of sections twenty-five (25) and thirty-six (36), in said township; also, all of school district number eight (8), in town- ship two (2) North, of range one (1) West, in said county, and being 281 the south half of section nineteen (19), the south west quarter of sec- tion twenty (20), the west half of section twenty-nine (29), and all of sections thirty (30) and thirty-one (31), in said township, be and the same is hereby established a common union school district, to be known as the "Rushville Union School District." § 2. That such other territory may be added to and form a part of such union school district as may be deemed advisable, by the con- sent and concurrence of the trustees of schools for the township from which any such territory is proposed to be taken, and the board of education hereinafter provided for said union school district, on the citation of a majority of legal voters residing in or upon the territory proposed to be taken. § 3. The government, care and superintendence of the schools within said district and of the funds and estate, both real and per- sonal, belonging to or which may be hereafter acquired by or con- veyed to said union district, shall be vested in a board of education of said union school district. § 4. The following named persons, viz: William H. Ray, Reese H. Griffith, Wheeler W. Wells, Elias D. Leach, and Thomas Wilson, shall compose the first board of education for said Union School Dis- trict, until their successors shall be duly elected and qualified, as hereinafter provided. It shall be the duty of said persons, or ma- jority of them, to assemble at the court house in Rushville, as soon as the trustees for said township two (2) North, range one (1) West, and of township two (2) North, range two (2) West, in said county of Schuyler, shall have agreed in uniting said districts, as hereinafter provided for, and organize as such board of education, by electing one of their number president, and one as clerk of said board. They shall appoint a treasurer of said Union School District, and shall have all the power and be governed in all other respects by the pro- visions of this act, so far as the same may be applicable. The said persons, or a majority of them, shall have power to fill vacancies in their number, occasioned by declination, disqualification, resigni- tion, death or removal from said Union School District. § 5. The persons composing said board of education, provided for in the fourth section of this act, shall hold their offices as follows: two of them until the first Tuesday in June, 1870; two until the first Tuesday in June, 1871 and the fifth until the first Tuesday in June, 1872. The respective terms of office of the members of said board, appointed and provided for, as aforesaid, shall be determined by them at their first meeting by casting lots. § 6. On the first Tuesday of June, 1870, and the first Tuesday in June annually thereafter, an election shall be held to elect successors to the members to whose term of office are then expiring and to fill all vacancies, if any, occurring in said board during the preceding year. The persons elected at such annual elections shall hold their office for three years or until the expiration of the expired terms which they have been elected to fill, as the case may be. § 7. The said board of education, or the remaining members thereof, shall have power to fill, until the ensuing annual election in 282 said Union School District, all vacancies in said board, occasioned by death, resignation, disqualification, failure to elect or removal from said district, and to fill, by appointment, vacancies among the offi- cers of said board, occasioned by any of the causes aforesaid. The members of said board and the treasurer appointed by them shall, previous to entering upon their official duties, take an oath, in addi- tion to those prescribed by the Constitution of this State, faithfully and impartially to discharge the duties of their respective offices to the best of their abilities. § 8. Notice of such annual elections shall be given by the clerk of said board, by posting written or printed notices of the time, place and object of such elections, in three of the most public places in said district, at least ten days before such elections are held, or by pub- lishing a similar notice in some newspaper published in said district, by one insertion, at least one week previous to said day of election. Said election shall be held at the court house, in said town of Rushville, and shall be by ballot. The president of said board and two mem- bers thereof, to be elected by said board, shall be judges, and the clerk of said board shall be clerk of such elections; but if any of said officers shall fail to attend or refuse to act, the electors assembled shall, viva voce, choose three judges and clerk of such election. A poll book shall be kept by the clerk, registering the names of the vot- ers; and the persons receiving the highest numbers of votes shall be declared elected. In case of a tie in any election, the judges of the election shall decide the same, by casting lots on the day of the elec- tion. Elections shall be opened at the hour of ten o'clock, a. m., and close at five o'clock, p. m. The judges and clerk shall certify to the board of education the names of the members so elected members of said board, the term for which they were elected, and the number of votes each person voted for received, and shall return their certificate and said poll book to the said board within ten days after such elec- tion. § 9. Said board of education is hereby created a body corporate and politic, by the name of " The Board of Education of Rushville Union School District;" and, by that name, may sue and be sued, plead and be impleaded, answer and be answered unto, in all courts and places, contract and be contracted with, and have perpetual suc- cession, and a common seal, and the same alter or change at pleasure. Said board may exercise, in furtherance of the objects contemplated by this act, all the powers conferred on school trustees of townships or board of directors of school districts by any law now in force or that hereafter may be enacted. Said board shall have power to receive and hold, in their corporate name, all the real or personal property that may be conveyed, given or devised to it, for said dis- trict, and in their said corporate name to dispose of and convey the same, for the benefit of said district. All conveyances of real estate made by said board shall be executed and acknowledged by the presi- dent of said board and attested by the corporate seal, and by the signa- ture of said clerk: Pj'ovided, that all such conveyances shall be author- ized by a resolution of said board: And, provided, further, that all sales and conveyances of school houses and buildings and grounds 283 appurtenant thereto, shall be first determined by a majority of the votes cast by the electors of said district, upon the submission of said board of the question of such sale, at an annual election, due notice having been first given, as provided in section eight of this act. § 10. Said board of education shall have the following additional powers : First — It shall have power to establish, maintain and regulate such school or schools, with the necessary departments, as in their judg- ment the interest of said district may require. Second — To prescribe, by regulations, the qualifications for admis- sion into said schools and their respective departments of persons residing in said district, free of charge for tuition therein, and also to provide for the admission into the same of persons without said dis- trict, upon such terms and payment for tuition as said board shall establish. Third — To have the custody and control of all school property within and belonging to said district. Fourth — To erect, hire or purchase buildings, suitable for the pur- poses of such schools and their necessary departments. Fifth — To buy or lease sites for such schools and their depart- ments, with the necessary grounds therefor. Sixth — To purchase, lease, control, adorn and improve play grounds or parks adjjicent to such schools or their departments. Seventh — To furnish said schools and their departments with all necessary fixtures, furniture, books, apparatus and libraries, and to provide for the proper care, protection and maintenance of the same. Eighth — To employ teachers, determine their duties and fix the compensation to be allowed them, from time to time, and at regular or special meeting of said board to dismiss such teachers, or any of them, for gross immorality, incompetency or other adequate cause; and of the sufficiency of any of such causes said board of education shall be the sole judges. Ninth — To direct what studies and branches of learning shall be taught and what text books shall be used in said schools and their several departments. Tenth — To establish departments or grades in said schools, and to make all necessary rules and regulations for the admission and ad- vancement of applicants and pupils, and for the government of said schools and its departments; to suspend or expel pupils guilty of refractory, disobedient or immoral conduct or possessed of or afilicted with any infectious or contagious disease. Eleventh — To appoint agents and servants, to execute any matter conducive to the interest of said school district, consistent with this act. and for their services to pay them such compensation as said board shall fix. Tuielfth — For the purpose of building all the necessary school buildings, and repairing the same, or making, from time to time, additions thereto, and purchasing real estate for such buildings, libraries, apparatus and all other objects contemplated by this act, or for the payment of indebtedness contracted therefor, it shall be law- ful for said board to borrow money, at a rate of interest not exceeding 284 ten per cent, per annum, and to issue bonds therefor, in snms of not less than $100; which bonds shall be signed by the president and attested by the clerk and seal of said board. § 11. Said board of education shall have full power, and it shall be its duty, to determine the amount of money needed to maintain said schools and their departments, and to pay all expenses of said school district, of every description, for each school year, and to de- termine the amount of money needed at any time, for the pupose of purchasing, leasing or improving grounds for said school purposes, or for purchasing, leasing, building, repairing, finishing, improving or extending their said school buildings, or of procuring furniture, libraries, and apparatus, or of paying the indebtedness of said school district, incurred for any of the purposes aforesaid. Said board shall have full power and authority to levy taxes upon all the taxable real and personal property in said district, for the purpose of raising said amount so determined by it. Said board shall designate the amount of money required for the maintenance and expenses of said schools and their departments for each school year, as aforesaid, " school tax;" and the amount required for any other of the purposes specified in this section, said board shall designate " school house tax." It shall be the duty of the said board to ascertain, at any meeting prior to the second Monday in September, annually, the rate per cent, upon the assessed value of the real and personal property in said Union School District, for State and other purposes for that year, needed to be levied to raise the amount of " school tax " determ- ined upon, and what rate per cent, upon the same will be needed to be levied to raise the amount of " school house tax " determined upon; which rate or rates shall be certified by the president and attested by the clerk of said board, and returned to the clerk of the county court of said Schuyler county, on or before the second Mon- day of September, annually. The certificate or certificates so made may be in the following form, as near as may be : "The Board of Education of the Rushville Union School District requires the rate of per cent, on the dollar to be levied on the taxable property of said district for the year , for the purpose of "school tax," (or " school house tax," as the case may be). Dated this day of 19 A B , President. Attest: C D , Clerk." It shall be the duty of the clerk of said county court to extend the tax or taxes so certified to him in one column, under the name of " union school tax," according to said rate or rates, upon the books for that year of the collectors of taxes for the said townships in which the territory of said Union School District may lie; and the said taxes shall be collected as other taxes are or may be collected, and, when collected, shall be paid over, on demand, to the treasurer of said Union School District. The said county clerk and collector shall receive for their services the same compensation as now is or may be provided for extending and collecting district school taxes : Provided, hoivever, that the rate to be levied in any one year for school tax shall 285 not exceed three j^^r cent, on the assessed valuation of the taxable property of the said district, and that the rate to be levied in any one year for school house tax shall not exceed five per cent, on said valu- ation. § 12. Said board of education shall hold regular meetings once each month, at such time and place as shall be designated by the rules of said board. Said board shall make, from time to time, all needful rules and regulations for its own government and that of all officers, teacher and agents elected or appointed by said board, and for the custody, control, care and management of the school fund property belonging at any time to said district. § 13. Said board shall, annually, at its stated meeting in July, elect a president and clerk, both of whom shall be members of said board, and who shall hold their offices for one year. Said board shall, also, at said meeting, appoint a treasurer of said Union School Dis- trict, who shall not be a member of said board, and who shall hold his office during the pleasure of said board. The president shall pre- side at ail meetings, and perform all other duties required by the rules of said board. The clerk shall record the proceedings of all meetings, the result of all elections held under this act, and the rules and regulations of said board. The said record shall be signed by the president and attested by the clerk, and the same, or certified copies thereof, under the hand of said clerk and the seal of said board, shall be prima facie evidence of the proceedings of said board, in all courts and places. Said board may adjourn from time to time, and the president or any two members thereof may call special meetings, at such times and in such manner as the rules of said [board] shall provide. Three members of said board shall con- stitute a quorum for the transaction of business; and in the absence of the president or clerk, the board may [appoint] a president or clerk, pro tern. § 14. Said board of education may make such rules concerning the duties of the treasurer and the disposition of the funds and other property in his custody, as are not inconsistent with this act. § 15. The treasurer of said Union School District shall execute, within ten days from his appointment, a bond, with two or more good and sufficient securities, to be approved by said board; which bond shall be filed and recorded by the clerk, shall be made payable to said board, a penalty to be fixed by said board, and conditioned that he will safely keep, and from time to time pay over, upon the order of said board, all moneys and effects which shall come into his hands or under his control as such treasurer, and will deliver over to his suc- cessor in office all books, papers, securities, property and moneys remaining in his hands and belonging to said district, and will faith- fully discharge the duties of his office according to law, and the rules made by said board, from time to time, not inconsistent therewith. It shall be the duty of said treasurer to receive and keep all moneys due and payable or belonging to said district. He shall keep an accurate account of all moneys received and paid out by him in a record to be kept by him for that purpose, and shall pay out no 286 moneys or other effects except upon the order of said board. He shall take and keep vouchers for all moneys paid out on such orders, and shall receive, upon all moneys so paid out on orders, a fee or per- centage, to be fixed by said board, not exceeding two per cent. He shall settle his accounts with said board at the August meeting, in each year, and shall produce his books and papers to said board whenever required by them so to do. All orders on said treasurer shall state for what purpose such order was issued, shall be signed by the president, and attested and registered by the clerk of said board. § 16. No person shall be eligible to serve as a member of said boMrd, or to vote at any election provided for in this act, or act as judge or clerk of such election, unless he shall be a resident of said district, and have the qualifications of an elector at township elec- tions. § 17. That the fund known as the common school fund of town- ship two (2) North, of range one (1) West, and of township two (2) North, of range two (2) West of the fourth principal meridian, in said county of Schuyler, shall be, and the same is hereby divided — a part thereof being set apart and assigned, as hereinafter provided for, to the union district known as the Rushville Union School District, created by this act, and comprising a part of each of said townships, § 18. The trustees of schools of said township mentioned in the foregoing section are hereby empowered and directed, within sixty days from the passage of this act, to appoint one of their number from each of said boards, who, together with the county superintend- ent of said county of Schuyler, shall constitute a board of commis- sioners, and who shall, after being first duly sworn to faithfully discharge their duties as such, ascertain the whole number of persons in each of said townships between the ages of six and twenty-one years as well as the whole number of persons between said ages in each of said school districts hereby merged in said Rushville Union School District, and shall make report of such facts to the boards of school trustees in each of said townships; and thereupon said respec- tive boards of school trustees are empowered and hereby directed to make a just and equitable division of the common school fund or the choses in action or evidences thereof, as declared in section seventeen of this act, belonging to their respective townships, between that por- tion of each of said towships merged in and made part of said Rush- ville Union School District and the remainder of their respective town- ships, in proportion to the number of persons between the ages afore- said so found and reported as aforesaid by said commissioners and residing therein, respectively; and the school treasurers of said town- ships are hereby directed, on demand made by the treasurer of said Rushville Union School District, to surrender and pay over to him such portion of the common school fund of his township as may be apportioned to and assigned by the trustees of schools of said town- ships to said Union School District, as hereinbefore provided and directed. 287 . § 19. The said board of commissioners provided for in section eighteen of this act, are hereby authorized and directed, as soon as they are advised of the amounts of the common school fund to which said E-ushville Union School District will be entitled under the appor- tionment aforesaid, to assess and fix the value of all the real and personal school property belonging to each of the school districts hereby merged in said Rushville Union School District, including the several amounts of common school fund apportioned, as afore- said; and said commissioners shall ascertain how much money it will require to be raised by either of said districts to make the aggregate value of the common school fund and real and personal school prop- erty of such district, bear the same proportion to the aggregate value of the common school fund and real and personal school property of the other district as the number of persons between the ages afore- said in the one district bears to the number of such persons in the other of said districts. § 20. The said board of education is hereby made the successors in office of the boards of school directors of the two districts by this act merged into the said Rushville Union School District. All school buildings, property and real estate belonging to either of the said districts so merged, are hereby vested in and conveyed to said board of education of said Rushville Union School District and its succes- sors in office, in fee simple, for the purpose contemplated by this act. It is hereby made the duty of the trustees of schools for said town- ships two North, one West, and two North, two West, aforesaid, as soon as this act shall take effect, and be in force, to execute and deliver to said board of education all conveyances necessary to perfect in said board of education the title to all real estate now held in trust by either of said boards of trustees for either of said school districts. § 21. Said board of education shall have power, and it is hereby directed to ratify, assume, and carry out all contracts and obliga- tions of the said several boards of directors, which said boards are under and by virtue of this act superseded by said board of edu- cation. § 22. Said board of education, so far as said Rushville Union School District is concerned, shall be the successors of the trustees of schools of said townships, and in all matters connected with the management of the schools in said Union District, and the care, custody, control and management of school funds and other school property, both real and personal, which now does or may hereafter belong to said Union District. The said board of education shall have the same powers which now are or which by any law of this State may hereafter be vested in trustees of schools, subject only to the provisions of the general school law of this State defining the powers and duties of school trustees. § 23. It is hereby made the duty of the board of directors in that one of said school districts hereby merged in said Union District which shall be required by the assessment and determination of said board of commissioners to raise, by taxation or otherwise, in their said district or upon the taxable property thereof, an amount of 288 money to make the aggregate of their school money and school property bear the proportion to the aggregate of school money and school property in the other of said districts, as proved by section nineteen hereof, to submit the proposition of raising the amount determined upon by said commissioners to the legal voters of the district to be taxed, on a day to be hxed by said board of directors, on or before the first day of August, 1869; and if a majority of those voting at said election vote in favor of said proposition, then it shall be the further duty of said board of directors to make their certificate of levy for the amount necessary to be raised on the taxable property of said district, in the manner and form now required by the school law of this State for the raising of money by taxation for common school purposes; and upon the filing of such certificate of levy by said directors with the clerk of the county court of Schuyler, on or before the first day of September, A. D. 1869, or on the raising of said sum of money by said directors or by said district, on or before the first day of September, 1869, this act shall take effect and be deemed a public act, and shall thenceforth be in full force, but if the legal voters at such election should reject said proposition, or said district should fail to raise said sum of money on or before the first day of September, A. D. 1869, then this act to be null and void. § 24. Said board of education, for the purpose of building school houses and repairing, improving or adding to the same, or purchas- ing schoolhouse sites, shall not have power to borrow money or raise the same by taxation, when the amount to be paid annually on such loan or to be raised annually by such taxation shall exceed one per cent, of the value of the taxable property of said Union School Dis- trict, unless they shall first have submitted the proposition for such loan or levy to a vote of the tax-paying voters of said Union District, at an election held as herein required for other purposes, and obtained a majority of the votes cast at such election in favor of such propo- sition, Appeoved March 30, 1869, SHELBYVILLE UNION SCHOOL DISTEICT, An Act entitled " An Act to incorporate the Slielhyville Graded School:' Section 1. Be it enacted by the People of the State of Illinois., represented in the General Assembly : That the territory embraced within the corporate limits of the city of Shelbyville, as at present defined, or as may hereafter be extended, shall constitute a union school district, to be known as the "Shelbyville Graded School." § 2. The government of said school district shall be vested in a board of education to be composed of the six following named per- sons and their successors in office, viz: Anthony T. Hall, John W. Johnson, Findley Behymer, Thomas P. Ryan, Elisha E. Waggoner and William A. Cochran. Said persons composing the first board shall hold their office until the first Monday of April, in the year eighteen hundred and seventy, and until their successors are duly 289 elected and qualified; and they and their successors in office are hereby created and declared to be a body corporate and politic by the name and style of the "Shelbyville Graded School;" and by that name may sue and be sued, plead and be impleaded, and receive, pur- chase, acquire and hold title to both real and personal estate, con- veyed, given, granted, bequeathed, or in any manner transferred to said "Shelbyville Graded School," and may have and use a common seal, and alter the same at pleasure, and may sell and convey real estate and personal property belonging to the school district or dis- tricts embraced within said corporate limits; and all the school houses, property and real estate belonging to the school district or districts embraced within said school district are hereby conveyed and vested in said board of education in fee simple, and the said board of education are hereby made the successors of the directors of all the schools of the school districts merged in or embraced within the limits of said district; and all documents, contracts, indentures or instruments in writing made or issued by said board shall be signed by the president thereof, and attested by the clerk thereof. § 8. On the first Monday of April, A. D. 1870, there shall be elected by the electors of said school district six persons, who shall constitute said board of education, and upon their first meeting the persons composing the same shall cast lots for their respective terms of office; two to serve for one year, two to serve for two years and two to serve for three years ; and on the first Monday of April annually, after the day and year aforesaid, there shall be elected by said elec- tors of said district two persons as members of said board of educa- tion, and also persons to fill any vacancy or vacancies in said board for unexpired terms, when they occur. Ten days previous notice of such elections shall be given by the clerk of said board by posting up written or printed notices of the time and place and purposes of such election, in the most public places in said school district. Said elections shall be held at the court house in said district and shall be by ballot. The president of said board and one member thereof shall be judges of such elections, and the clerk of said board shall be clerk of such elections, but if any of said officers shall fail to attend or refuse to act the electors assembled shall, viva voce, choose persons to act as such judges and clerk. A poll book shall be kept by the clerk registering the names of votes, and the persons receiving the highest number of votes cast shall be declared by the judges of such election duly elected. The elections shall be opened at the hour of ten o'clock a. m. and shall be closed at the hour of four o'clock p. m., and the judges and clerk shall certify to the board of education the names of the persons who are elected members of said board, and the number of votes each person voted for received. If between the time of the annual elections any vacancy shall occur in said board by death, re- moval from said district or resignation, the remaining members of said board shall appoint a person to fill such vacancy until the next annual election. -19 S L 290 § 4. On the second Monday of April, in each year, said board of education shall meet and organize by electing one of their number president of said board, and another of their number clerk of said board, and shall appoint a treasurer of said corporation who shall not be a member of said board. The treasurer shall hold his office for one year and until his successor shall be appointed, but may be re- moved at any time for cause and his successor appointed. Said president and clerk shall hold their offices for one year; the clerk of said board shall be present at all meetings of said board and record the proceedings of such meetings in records to be provided by the board for that purpose; the result of the elections aforesaid and all appointments shall be entered in such records. Said proceedings when recorded shall be signed by the president and attested by the clerk of said board, and the same, or certified copies thereof, under the hand and seal of said clerk, shall be prima facie evidence in courts and elsewhere. Said board shall also meet on the second Monday of July, October and January of each year, and may adjourn from time to time as they may think proper, and the president or any two members of said board may call special meetings thereof when- ever it may seem proper. Four members of said board shall consti- tute a quorum for the transaction of business, and in the absence of the president or clerk, the board may appoint a president or clerk, pro tern., and upon the death, removal from the district aforesaid, or resignation of the president or the clerk, the board shall elect persons to fill such vacancies for the unexpired term. § 5. Said board of education shall have the following powers, be- sides those hereinbefore mentioned: (1.) They shall provide schools for the accommodation of all persons residing within said school district, between the ages of five and twenty-one years, for not less than nine months of each year. (2.) They shall have control of all school houses, school lots and school property within said district; shall have power to purchase lots for the erection of school houses thereon; erect or hire buildings for school purposes and keep the same in repair, and furnish schools with necessary fixtures, furniture, books, apparatus and library. (3.) Whenever said board of education shall be of the opinion that any of the real estate belonging to said board or district has be- come unnecessary, unsuitable or inconvenient, or shall in any way deem it proper to sell such real estate, they may sell and convey the same; and all such conveyances shall be signed by the president and attested by the clerk of said board, and shall, when thus executed, pass the title to the real estate belonging to said corporation. (4.) They shall appoint principals of the schools of said district, and all teachers; fix their salaries or compensation, and may, at dis- cretion, dismiss such principal or teacher or teachers at any time. (5.) They shall direct what branches of learning shall be taught, and what books shall be used in said schools. (6.) They shall establish departments of difi^erent grades, and may, either themselves, with the aid of the superintendent or super- intendents, or through a committee of three examiners, to be 291 appointed by said board, including said superintendent or superin- tendents, examine scholars in advancing them from grade to grade, and upon passing a sufficient examination, upon completing the branches of learning directed by said board, scholars shall be entitled to a certificate from said board, under the hand of said president and attested by said clerk, that such scholar has graduated at said school, and said board shall have power to make all necessary rules and reg- ulations for the admission of pupils residing out of the district, and the government of the school or schools of said district, and may sus- pend or expel pupils guilty of refractory or incorrigible conduct, or possessed of any infectious or contagious disease, and may appoint agents and servants upon any matters conducive to the interests of said district. (7.) Said board shall have power, in the certificate of graduation heretofore provided for, to certify to the qualification of such scholar or scholars, and their fitness to teach in the common schools, and upon the presentation of such certificate of graduation to the super- intendent of the county of Shelby, such superintendent may grant to such scholar or scholars a certificate to teach in the common schools of the county without requiring such scholar or scholars to undergo any further examination. (8.) For the purpose of building a high or central school house and other school houses and purchasing lots or real estate for such buildings, libraries and apparatus, it shall be lawful for said board to borrow money at a rate of interest not exceeding ten per centum, jjer annum, and issue bonds therefor in sums of not less than $50, which bonds shall be signed by the president and attested by the clerk, for and in behalf of said board. And the said board shall, prior to the second Monday of August, annually, estimate the amount of money necessary to be raised by a special tax for school purposes in said district during the ensuing year, and find what rate per cent, this amount will require to be levied, which shall not exceed three per cent, on the assessed value of the real and personal property in said district, which rate shall be certified by the president and attested by the clerk, and when thus certified, returned to the clerk of the county court of Shelby county, on or before the second Monday of Septem- ber, annually, and which certificate may be in the following form : '•We, the 'Board of Education of the Shelbyville Union School,' hereby cer- tify that the district requii-es the rate of per centum on the dollar to be levied on the taxable property of said Union School District for the year , for school purposes. Dated this day of A. D A B President. Attest: C D Clerk." The money thus raised shall be appropaiated by the said board to the various objects for which it was intended, and shall be collected under section 45 of the act entitled "An act to establish and maintain a system of free schools," approved February 18, 1857, or any laws of this State that may hereafter be passed for the collection of school taxes, and shall be paid over by the collector or collectors to the treasurer of said district. 292 § 6. The treasurer of said school district, within ten days after his appointment, shall execute a bond, with two or more good and sufficient sureties, to be approved by said board, to be filed with the clerk thereof, in a penalty to be fixed by and running to said board, conditioned that he would keep, and from time to time pay over all moneys, upon the order of said board, that he should receive as such treasurer, and deliver over to his successor in office all books, papers, securities, property and moneys in his hands as such treasurer, and faithfully discharge the duties of his office. And it shall be the duty of said treasurer to receive and keep all moneys of the said board, and all the moneys due said board shall be paid to said treasurer, and he shall keep a true and accurate account of the same, and of all moneys he shall pay out, in a record to be kept for that purpose, and he shall pay out no money except on the order of said board, and shall retain vouchers for all moneys he shall pay oat, and shall receive 1 j}er centum upon all moneys received and paid out by him for his service; and he shall settle with the said board at least once in each year, and oftener if said board shall so require. All orders of said board drawn on the treasurer shall state for what purpose given, and a record of the same shall be made by the clerk. § 7. Said corporation shall be entitled to receive pro rata shares of the State, county and township school funds, the same as given to other school districts of said county, and the board shall require the teachers or the principal teacher of the schools of said district to keep and return schedules as now required by law or as may here- after be required by law; said schedules or copies thereof shall be filed with the township treasurer of Shelbyville township, in said county, before the semi-annual meeting of the trustees of schools of said township, in the months of April and October in each year, or other times that may be fixed by law for the distribution of the school fund, and said trustees of schools shall distribute to said district a pro rata share of the amount of State, county and township funds, according to the number of children under 21 years of age, and the attendance certified in said schedule or schedules or copies, or according to any other basis upon which said funds shall be dis- tributed, as may hereafter be fixed by law, in the same manner and proportion as made to other school districts of said township, which shall be paid over by the said township treasurer to the treasurer of said district, and in case of any irregularities or omissions in said schedules, or copies thereof, or in making or filing the same with said township treasurer, as aforesaid, the said trustees of schools or other distributing officer, that may be hereafter created, shall not fail to distribute to said school district its share of said funds on that account, but shall proceed to obtain a correct enumeration of children, if no enumereti®n has been made, and statement of such attendance upon the schools of said district, or requiring such enumerations and schedules, or copies thereof to be made, and it shall be the duty of said board to cause the clerks to certify to said trustees of schools of said township, on or before the first day of September in each year. 293 the number of children nnder 21 years of age, and between the ages of 5 and 21 years living in said district, and any and all other infor- mation required under the common school law of the State. § 8. No person shall be qualified as an elector at any of the fore- going elections unless he shall be qualified as an elector under the laws of the State of Illinois. § 9. The treasurer of said township shall pay over to the treasurer of said district all moneys and funds belonging to the several districts embraced within the corporate limits aforesaid, and said board of education shall pay the debts and liabilities of the said school districts embraced within said district. § 10. The board of education may admit pupils from Shelby county and elsewhere upon such terms and charges of tuition as they may deem proper. § 11. No person shall serve as a member of the board of education who is not a qualified voter under the laws of this State, and who is not a freeholder in said school district. § 12. This act shall be submitted to a vote of the qualified electors of said district, to be held at the court house in said city of Shelby- ville, on the first Monday of April, A. D. 1869. Ten days previous notice thereof shall be given by the persons named in said board of education, by publication in one or more of the newspapers in said city, of the time and place of holding said election, and the persons appointed as the board of education shall, before the time of giving the notice aforesaid, meet and organize by selecting two of their number to act as judges of said election, and by selecting one of their number to act as clerk of said election; said election to be conducted in the same manner as is in this act prescribed for holding the annual district election for said district. Those voting in favor of the adoption of the foregoing act shall vote thus: "For School Act." Those opposed to the adoption of said act: "Against School Act." And if at any such election a majority of the votes cast are for the said act, then it shall be the duty of said board of education to make a record of said vote in the records of said board of education, and said act shall be deemed and taken to be a public act from and after said election: Provided, that if a majority of the votes cast are against the adoption of said school act, then said act shall be deemed null and void. Approved March 30, 1869. SPAETA SCHOOL DISTEICT. An Act to establish a corporation in Sparta School District for the purpose of public education. Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That all persons residing within the limits of Sparta School District, a description of which is as follows, viz: Beginning at the northwest corner of section 2 and running east along the township line between towns four and five south to the northeast corner of town five South, range six West, thence 294 east on said line to the northeast corner of section six of town five South of range five West, thence south between sections five and six of town five, range five, west one mile, thence south between sections seven and eight of town five of range five West, one half mile, thence west through the center of section seven one mile to range line between range five and six, thence west through center of section twelve, town five, South range six West to line between sections eleven and twelve of town five, South range six W^est, thence west to the center of section eleven, town five. South range six West, thence north through the center of sections eleven and two to the center of section two, thence west one half of a mile to the line between sections two and three, thence north to the place of beginning, south of the third principal meridian, in Randolph county. State of Illinois, as the same now are or hereafter may be established by law, are hereby constituted a body politic and corporate by the name and style of "The Board of Educa- tion of the Sparta Public Schools," and by that name they and their successors shall be knov\^n in law, have perpetual succession, sue and be sued, implead and be impleaded, defend and be defended, in all courts of law and equity in all actions whatever; may purchase, receive and hold prox^erty, real and personal, aod may lease, sell or dispose of the same, and may do all other acts as natural jjersons; they shall have a common seal, and may change and alter the same at pleasure. § 2. The powers of the corj)oration hereby established shall be vested in a president and directors, who shall be freeholders, at least 21 years of age, and have resided at least twelve months previous to their election within said corporation limits, and who shall be citizens of the United States and have paid a school tax, and who shall be chosen and appointed as hereinafter directed. § 3. The board of education shall consist of six members, and the first election shall be held on the last Monday of March, 1865, and it shall be the duty of the mayor and common council of the city of SjDarta to order an election for said six directors of the board of education of the Sparta public schools at some convenient place in the city of Sparta, and said mayor and common council shall appoint three judges and two clerks to conduct said election; which election shall be conducted under the same usages as the election of mayor and council of said city of Sparta; and said judges and clerks shall make certified returns of said election to said mayor and common council, who shall open and declare the result of said election ; and the clerk of said city of Sparta shall notify in writing, within five days after said election, said directors of their election; and thereafter the election of school directors shall be held by the same judges and on the same day, and at the same time and places as the election of mayor and common councilmen of the city of Sparta; and the judges and clerks shall make certified returns of the same to the board of educa- tion, who shall open the same and declare the result; and no person shall vote in choice of said directors who is not a legal voter under the laws of this State, and has resided sixty days previous to said election within said corporate limits. 295 § 4. Theboardof directors shall elect one of their own number presi- dent, who shall be styled "The President of the Board of Education of the Sparta Public Schools," and the said board of education shall have power to judge of the qualifications, elections and returns of its members; to prescribe the manner of conducting the elections of its members in the several places of said elections ; to compel the attend- ance of absent members in the meetings of said board, and by the concurrence of two-thirds of all the members elected expel a member, but not a second time for the same offense; to make rules for the government of their own proceedings, and so have charge and control of the public schools and all property appropriated to the use of public schools within the said corporate limits. § 5. Said board of education may receiA'^e any gift, grant, donation, devise, bequest, legally made for the use of any school or schools, or libraries or other school purjDoses, within their jurisdiction; and they shall be and are hereby invested in their corporate capacity with the title, care and custody of all school houses, school sites, school libra- ries, apparatus and other property belonging or appertaining to the common schools of said corporate limits, with full power to control the same in such manner as they may think will promote the interest of the schools and the cause of education; and when, in their opinion, any school house or school house site has become unnecessary, or in- convenient or unsuitable for a school, said board may sell and convey the same in the name of the said board, and such conveyance, as well as all other conveyances, contracts and assignments of the board, shall be executed by the president and clerk of the said board in the name of the board of education of the Sparta public schools; and the avails of all sales and assignments shall be paid to the treasurer of said board for the benefit of said schools; and all convey ances of real and personal estate, and assignments of choses in action which may be made to said board, shall be made to said board in its corporate name; and said board may purchase and hold such real estate and personal property as may be necessary for the establishment and supj)ort of said schools; and such real estate as may be purchased under any sale upon execution or decree in favor of said board or in satisfaction of any debt due said board; and said board may at any time afterwards sell and convey the same; and said board shall have power to make all rules, ordinances and statutes proper for the government and manage- ment of such schools and property: Provided, that the same shall not be inconsistent with the laws of the land; and generally to do all acts which may be lawful and proper to carry into effect the objects of this corporation. § 6. It shall be the duty of the board of education to cause an abstract of the whole number of white persons under 21 years of age in said corporate school limits to be furnished to the school commis- sioners, or other proper ofiicers, before the first Monday in October^ and annually thereafter; and the school commissioner or other officer, as aforesaid, shall annually pay to the treasurer of said board of education the projDortion of the public school fund, to which said corporate district would be entitled, according to the number of white 296 persons aforesaid under the age of 21 years, and shall take duplicate receipts of said treasurer therefor, one of which shall be retained, and the other shall be filed with the clerk of said board. § 7. For the purpose of building school houses, purchasing school house sites, or for repairing and improving the same, it shall be lawful for the board of education of said Sparta public schools to borrow money at a rate of interest not to exceed 10 per ce7ii. per annum, and issue bonds therefor, in sums not less than $50.00, which bonds shall be executed by the president and clerk of said board in the name of said board of education: Provided, that the total indebtedness in- curred by the said board of education shall not at any time exceed one half of 1 per centum of the assessed value of the real and personal property of said corporation; and for the payment of said bonds the proceeds of the tax to be levied and collected for school purposes for the year next ensuing the issuing of said bonds is hereby specially pledged, and said tax shall be applied to the payment of said bonds in preference to any other debt. § 8. Said board of education shall establish a system of graded schools in said corporate school limits, commencing with a primary and ending with a high school ; the district of which shall be the cor- poration limits, hereby established ; but the district of all the lower grades may be fixed by said board of education; and the school year shall consist of forty-two weeks, commencing on the first Monday of September, and said school year shall be divided into three terms. The time of commencing and closing each succeeding term to be de- termined by the president and directors. The remainder of the year shall consist of vacations. The fiscal year shall correspond with the school year. § 9. The members of the board of education shall be elected for the term of three years, and until their successors shall be duly elected and qualified; and one third of the members shall go out of office at the end of every year; and for that purpose the board shall cause its members to be divided by lot into three equal classes, the first class to go out of office at the end of one year, the second at the end of two years, and the third at the end of three years, so that one third of the board shall be elected every year. § 10. The said board of education shall annually, on or before the first Tuesday of April in each year, levy on all real and personal pro- perty within said corporate limits, made taxable by law, for State and county purposes, a tax, not more than ten mills on the dollar, and shall fix and determine what shall be the rate per cent, of taxation for each year for school purposes, and shall make an order therefor and enter the same on the records of the board ; and the said board shall immediately furnish the collector of Randolph county with a copy thereof, certified to by the president and clerk, which being done, said collector shall take the assessment made by the assessor of Ran- dolph county within said corporate limits of Sparta public schools as laid down in section one of this act, and from said assessment, is hereby authorized to make a tax list in pursuance of and for the pur- pose in this act mentioned, and shall proceed to collect the same for 297 school purposes, in accordance witli said order; and said amount, when collected, shall be paid by said officer to the treasurer of said board of education, and duplicate receipts taken therefor, one of which shall be filed with the clerk of said board of education, and the other retained by said collector; and for his compensation for such collection shall receive the same per centum as he is allowed by law for State and county revenue, and for neglect of duty under this act, shall be liable to and suffer the same penalties as for neglect in the collection of State and county tax; and the board of education of Sparta public schools may require the said collector of Randolph county, before he enters upon the duties imposed upon him in this act, to enter into bond in such amount as they shall deem sufficient, with good and sufficient security, to be approved by said board of education, conditioned for the faithful performance of the duties as collector of said tax in this act specified. § 11, Said board of education shall have power to allow the children of persons, not residents of said corporate limits, to attend the schools of said corporation under the control and care of said board, upon such terms as said board shall, by resolution, prescribe, fixing the tuition which shall be paid therefor; and said board shall have power to furnish to all children, who cannot otherwise obtain the same, all necessary school books, using any of the school funds for said purpose. § 12. No director of said board of education of the Sparta public schools shall receive any compensation for duties as such. § 13. It shall be the duty of the clerk of said board, immediately after the election of any person as director of Sparta public schools, in writing to notify him of his election, and if any such person shall not within ten days after receiving such notice of election, take and subscribe the required oath, and file the same with the clerk of said board, the said board shall consider it as a refusal to serve, and order an election to fill said vacancy. § 14. Said board of education shall employ a treasurer and secre- tary, and such other agents as to them shall seem necessary, and shall allow them such compensation as may be agreed upon; and the said board shall require their treasurer to enter into such bond for the faithful discharge of his duties under this act, as shall protect the monied interest of said school corporation. § 15. Said board of education shall take control of the education of the colored citizens within said corporate limits, and may estab- lish a colored school, and for the support of such school shall apply the local school tax collected on the property of the colored citizens within the limits of said corporation, and may receive any money or moneys that may be contributed for the benefit of said colored schools, and apply the same to the support of said schools; and they may receive and apply any funds that may be allowed by the Sate or general government, for the education of colored people. § 16. Said board of education shall, if required to, furnish to the State Superintendent of Public Instruction, or if required, lay the 298 same before the General Assembly, a full statement concerning the schools under their charge, and shall in all respects comply with the requirements of the seventy-ninth section of the common school law. § 17. Said board of education may make 'such by-laws, rules and regulations, as are necessary to the exercise of the foregoing powers. § 18. Said board of education shall, immediately after their election, proceed to take charge of and organize the public schools of said corporate limits, in accordance with the requirements of this act. § 19. This act shall be deemed a public act, and take effect and be in force from and after its passage. Approved Feb. 16, 1865. SPEINGFIELD SCHOOL DISTEICT. An Act to reduce the ^Act Incorporating the City of Spririg field, ^ and the several acts amendatory thereof, into one act, and to amend the same. Aeticle XII. Section 1. All that part of township No. 16 North, of range No. 5 West of the third principal meridian, lying within the corporate limits of the City of Springfield, with such other parts of said town- ship as may be hereafter incorporated with and come within the jurisdiction of said city, is hereby erected into a common school dis- trict, to be known as the Springfield School District. § 2. The school land, school fund, and all other real and personal estate of said township, shall be divided between the said City of Si^ringfield, and the portion of the township lying without the limits thereof, in the proportions and manner following: The trustees of schools of said township shall, within three months from the passage of this act, appoint two commissioners, who shall be respectable householders, one of whom shall reside in the city, and the other in the township without the city, who, after being duly sworn, well and truly to perform their duties, shall proceed to ascertain, as nearly as may be, the whole number of white iDersons under the age of twenty-one years residing in the whole of said township, and the whole number residing in said city, and without said city in said township, and thereupon the said trustees shall divide and apportion the aforesaid township fund, and real and personal estate, between said city and said township without the city, in the proportion of and according to the number of persons aforesaid residing within the city and without the city, in the said township respectively; and the said commissioners shall have power to make partition of, and division of all the funds and real and personal estate belonging to the said town- ship, between the city and the township without the city, in the pro- portions aforesaid, and having completed the same, shall make a full return of their proceedings to the trustees aforesaid. In case the commissioners shall refuse or neglect to perform their duties, the 299 trustees shall appoint others in their stead, who shall be chosen, sworn, and perform the like duties assigned to the first commissioners, and the trustees shall have power to fill vacancies and make appoint- ments until the objects of this act are carried into effect. § 3. The trustees of schools of said township shall, upon such division partition, and return to the commissioners being made, pay over and deliver to the clerk of the city of Springfield the funds and other personal estate, and make, execute and deliver to the said city of Springfield all necessary deeds and other conveyances for the dis- tributive share of the real estate of said township to which the said Springfield school district may be entitled according to the division and distribution aforesaid, and take receipt for same from the clerk. § 4. It shall be the duty of the city council to cause an abstract of the whole number of white children under the age of twenty- one years in the Springfield school district to be furnished to the school commissioner of Sangamon county, within ten days after the same shall have been ascertained, and the school commissioner shall an- niially pay to the clerk of the city of Springfield the ]oroportion of the school, college and seminary fund to which the said Springfield school district may be entitled, according to the number of persons under the age aforesaid residing in said district, taking his receipt therefor; but no abstract shall be required to be returned to the school com- missioner oftener than is required by law in other school districts. § 5. The school land, school fund and other property of the Springfield school district shall be vested in the city of Springfield. The city council shall have power, at all times, to do all acts and things in relation to said school lands, school fund and other property which they may think proper to their safe preservation and eflficient management, and sell or lease said lands and all other property which may have been or may hereafter be donated to the school fund, on such terms and at such times as the city council may deem most ad- vantageous, and on such sale or lease to make, execute and deliver all proper conveyances, which said conveyances shall be signed by the mayor or presiding ofiicer, and countersigned by the clerk, and sealed with the corporate seal, but the proceeds arising from such sales shall be added to and constitute a part of the school fund. § 6. Nothing shall be done to impair the principal of said fund, or to apjjropriate the interest accruing from the same to any other purpose than the payment of teachers in the public schools of the dis- trict, and should there be any surplus of interest it shall be carried to and form a part of the school fund. § 7. The city council shall have power — First — To erect, hire 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. Third — To furnish schools with the necessary fixtures, furniture and apparatus. 300 Fourth — To maintain, support and establish schools, and supply the inadequacy of the school fund for the payment of city teachers from school taxes. Fifth — To fix the amount of compensation to be allowed to teachers. Sixth — To prescribe the school books to be used and the studies to be taught in the different schools. Seventh — To lay off and divide the city into smaller school districts, and from time to time alter the same and create new ones as circum- stances may require. Eighth — The city council shall be ex officio inspectors of schools, but they may appoint seven inspectors, to be denominated "A Board of School Inspectors," — also three trustees of schools in each district, and to establish and prescribe the powers and duties of each. Ninth — And generally to have and posses all the rights, powers and authority necessary for the proper management of schools, and the school lands and funds belonging to the said school district, with power to enact such ordinances as may be necessary to carry their powers and duties into effect. § 8. The city council shall have power to appoint a school agent, who shall have the control and management of the money, securities and property belonging to the school fund of the district, subject to the direction of the city council. § 9. The school agent, before entering upon his duties, shall give bond in such amount and with such conditions and securities as the city council may require, his compensation shall not be paid out of the school fund, and he shall be subject for misconduct in office to the same penalties and imprisonment as school commissioners are or may be subject to by law, § 10. The school fund shall be kept loaned at interest at the rate of ten per cent, per annum, payable semi-annually in advance. No loan shall be made for a longer period than five years, and all loans exceeding one hundred dollars shall be secured by unincumbered real estate of double the value, at the least, of the sum loaned, exclusive of the value of the perishable improvements thereon; for sums less than one hundred dollars, two good securities besides the principal shall be required: Provided, the city council shall have power to re- duce the rate of interest by a vote of two-thirds of all the aldermen elected. § 11. All notes and securities shall be taken to the city of Spring- field, for the use of the inhabitants of said city, for school purposes ; and in that name all suits, actions and every description of legal pro- ceedings may be had. § 12. All expenses of preparing and recording securities shall be paid exclusively by the borrower. § 13. In the payment of debts of deceased persons, those due the school fund shall be paid in preference to all others, except expenses attending the last illness and funeral of the deceased, not including the physician's bill. § 14. If default be made in the payment of interest or of the prin- cipal when due, interest at the rate of 15 per cent, upon the same shall 301 be charged from the default, and may be recovered by suit or other- wise. Suit may be brought for the recovery of interest only when the principal is not due. § 15. All judgments recovered for interest or principal, or both, shall respectively bear interest at the rate of 10 per cent, per annum, from the rendition of judgment until paid; and in case of the sale of real estate thereon, the city of Springfield may become the purchaser thereof, for the use of the school fund, and shall be entitled to the same rights given by law to other purchasers. On redemption 10 per cent interest shall be paid from the time of sale. § 16. No costs made in the course of any judicial proceeding in which the city of Springfield, for the use of the school fund, may be a party, shall be chargeable to the school fund. § 17. If the security of any loan should, at any time before the same is due, become, in the judgment of the school agent and city council, insecure, the agent shall notify the person indebted thereof, and unless further satisfactory security shall be forthwith given by the debtor, judgment may be recovered thereon as in other cases, although no condition to that effect be inserted in the note or other security. § 18. The council shall annually publish, at such times as may be prescribed by ordinance, in the newspaper publishing the ordinances of the city, a statement of the number of pupils instructed in the year preceding, the several branches of education pursued by them, and the receipts and expenditures of each school, specifying the sources of such receipts, and the object of such expenditures. § 19, The school tax shall be paid into the city treasury, and be kept a separate fund for the building of school houses, and keeping the same in repair, and supporting and maintaining schools; and should there at any time be a surplus, the same may be paid over to the school fund and form a part of the same. § 20. Any person owning land, or residing around, or adjacent to said city, within two miles thereof, may, with his consent, be annexed to said Springfield school district, and school tax may be levied [and] collected upon the lands and property of such person subject to taxa- tion, by the city collector, in the same manner as school taxes within the said district. Appeoved, March 2, 1854. SPEINGFIELD SCHOOL DISTRICT AGAIN. An Act to amend the charter of the City of Springfield. Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly : That all the rights, powers and privileges, in relation to schools, school property, real or personal or school funds, now vested in the city council of the City of Spring- field, be and the same is hereby vested in the board of education of the City of Springfield, to be chosen and organized as hereinafter provided. The said board of education shall not purchase, lease 302 or sell lands, or sell or build additional school houses, or lease or rent the same, without the consent and approval of the city council of the City of Springfield. § 2. The said board of education of the City of Springfield shall consist of nine members, and it shall be the duty of the city council, on the first Monday of May, A. D., 1869, to elect, by ballot, three members of said board, each one of whom shall be from a diiferent ward, who shall serve one year, three members of said board, each one of whom shall be from a different ward, who shall serve two years, and the three remaining members of said board, each one of whom shall be from a different ward, who shall serve three years; to be taken, as near as practicable, equally from the several school districts of the city; and the members so chosen shall compose said board until their successors are duly elected and qualified. Before entering upon their duties, the members of the board of education shall take an oath to support the Constitution of the United States and of the State of Illinois, and to properly and faithfully perform the duties of said office to the best interests and efficiency of the schools. § 3.. The city council of the City of Springfield shall, on the first Monday of May, 1870, and on the first Monday of May, annually, thereafter, elect successors to those members whose terms of office are then expiring, and the persons so elected shall hold their offices for three years and until their successors are elected and qualified. The said board of education, or the remaining members thereof, shall have power to fill, until the ensuing annual election, all vacancies in said board occasioned by death, resignation, disqualification, failure to elect, or removal from said district: Provided, no member of the city council, or any person holding office under the city, whether elected or appointed, shall be a member of the board of education. § 4. It shall be the duty of said board of education to report to the city council of the City of Springfield, at their regular meeting in the month of June, 1869. and annually thereafter, the amount of money needed and required for public school purposes in said City of Springfield, for the fiscal year, commencing the first Monday of Sep- tember succeeding each report. § The city council of said City of Springfield shall thereupon levy and cause the same to be collected, the said amount of money so reported by the board of education, on all the real and personal property of said city according to the assessment and valuation there- of, and the same shall be collected by the collector of said city the same as other city taxes are collected. The collector shall keep a separate account of the same, and shall pay said taxes to the city treasurer, to be used and applied for public school purposes. § 6. All school funds paid into said treasurer, or coming into his hands, shall be paid out only on the order of the board of education, signed by the president and attested by the signature of the secre- tary of said board of education; and for the payments made, receipts shall be taken and filed by said secretary and treasurer, and said 308 orders and receipts shall show the purpose for which, and on what account said orders were drawn. § 7. It shall be the duty of said board of education, immediately after each annual election, to meet and organize by electing one of their number president, and the superintendent of schools shall be ex-officio, secretary of said board, and a majority of said board shall constitute a quorum for the transaction of all businiss. § 8. All prior acts or ijarts of acts inconsistent with the provisions ■of this act, are hereby repealed; and this act is hereby declared a public act, and shall take effect and be in force from and after its passage. Appkoved March 27, 1869. TUSCOLA UNION SCHOOL DISTRICT An Act to esiahlish and form the Tuscola Union School District., Section 1. Be it enacted hy the People of the State of Illinois, represented in the General Assembly: That all that district of country embraced in the following sections and parts of sections, to-- w^it: The south half of section twenty-one (21), the southwest quarter •of section twenty-two (22), the south half of section twenty-sis (26), the south half and northwest quarter of section twenty-seven (27), all of section twenty-eight (28), the southeast quarter of the southeast quarter of section thirty-two (32), all of sections thirty-three (33), thirty-four (34), thirty-five (35) and thirty-six (36), all of township sixteen (16) North, range eight (8) East, and lots three (3) and four (4) of the northeast quarter and lots three (3) and four (4) of the northwest quarter of section one (1), lots three (3) and four (4) of the northeast quarter, and lots three (3) and four (4) of the northwest ■quarter of section two (2), lots three (3) and four (4) of the northeast quarter, and lots three (3) and four (4), of the northwest quarter of section three (3), and lots three (3) and foar (4), of the northeast quarter of section four (4), of township jSfteen (15) North, range eight (8) East, all in the county of Douglas, and State of Illinois, is hereby made and constituted a permanent school district, by the name of "The Tuscola Union School District," and that no territory shall be ever taken therefrom, except by act of the Legislature of this State. § 2. That the public schools of said district shall be under the ex- clusive management and control of six persons, to be elected' and qualified as hereinafter specified, and known as "The Board of Educa- tion of Tuscola Union School District," which board of education and their successors in office shall be a body corporate and politic, by the name and style aforesaid; and may have a common seal, and change the same at pleasure; and, as such board, may contract and be con- iracted with, sue and be sued, plead and be impleaded, in any court of law or equity in this State; and, as such board and in such name, shall be the legal successors of the trustees of schools and school directors in the territory embraced herein, and shall be and are hereby invested, in their corporate capacity, with the title, care, custody and 804 control of all lands, lots, school houses and buildings, school libraries and apparatus, and shall receive all moneys and other property belong- ing or in any way accruing to said district or to any part thereof, for the use and benefit of public schools therein, with full power to use and control the same in such manner as they think will best promote the interests of public schools and the cause of free education, not in- consistent with this act; and said board shall, also, be capable of receiving any gift, grant, bequest or devise of real estate, personal property or money, made for the use or benefit of public schools in said district ; and all moneys accruing to said district for school pur- poses under any law of this State shall be paid over to the treasurer of said board of education. § 3. That, for the purpose of organiz&,tion, the following persons^ viz: Michael Noel, George P. Almstead, John Mann, John Ervin, Parker Elliott and Andrew Gr. Wallace, shall be and are hereby made and constituted a board of education for said district, until the first Monday of August, in the year of our Lord one thousand eight hundred and sixty-nine, at which time the qualified electors of said district shall, upon the usual notice being given in the case of the election of school directors under the general law, elect six (6) mem- bers of said board, who with their successors in office, shall compose and constitute said board of education and first incorporators under this act, two of whom shall serve for one year, two for two years and two for three years. The time that each shall serve shall be designated on the ballots cast at such election; and annually there- after there shall be chosen in the same manner two members of said board, each of whom shall serve for the period of three years and until their successors are elected and qualified. Such intermediate vacan- cies as may occur in said board shall be filled by the remaining acting members until the next annual election, when such vacancy or vacan- cies shall be filled by the electors of said district. Elections held in pursuance of this section shall be conducted in the manner prescribed by the general school law of this State for holding elections for school officers — three (3) members of board acting as judges. § 4. That said first mentioned board, within ten days after the taking efl^ect of this act, shall meet, and after having taken an oath to properly and faithfully perform the duties as a member of such board of education and to support the Constitution of the United States and of the State of Illinois, organize, by appointing one of their number president and one clerk, and appointing some person, not of their number, treasurer, but who shall be a resident of the dis- trict. The said treasurer, who may be appointed by the first mentioned board, shall hold his office until the meeting of the first elective board shall meet under this act and until his successor shall be qualified. Thereafter the treasurer duly appointed by such board shall hold his office for two years and until his successor shall be qualified, but may be removed at any time by the board, for good cause; and every subsequent board, chosen or elected as herein pro- vided, shall meet within ten days after their election and take an oath and organize in accordance with this act. 305 § 5. Said board may hold stated meetings, at such time and places in said district as they may appoint — four members of said board at all such meetings constituting a quorum to do business — the presi- dent having a vote only in case of a tie. And special meetings may be called at any time by the president or any two members, by giving one day's notice of the time and place of such meeting: Provided, that if the president of the board shall be absent from any meeting thereof a temporary president shall be appointed; and said board may pass and enforce such by-laws, rules and regulations, for their own government and the government of the clerk and treasurer, not in- consistent with this act, as they may deem proper, and, by resolution, shall direct the payment of all moneys that shall come into the hands of the treasurer; and no money shall be paid out of the treasury, except in pursuance of such resolution and on written order of the president, countersigned by the clerk. § 6. All school lands, school funds and other real or personal estate, notes, bonds or obligations belonging to township fifteen (15) North, range eight (8) East of the third principal meridian, and township sixteen (16) North, range eight (8) East of the third princi- pal meridian, in the county of Douglas and State of Illinois, held or owned for school purposes by said townships or either of them, shall be divided between the said Tuscola Union School District and the portions of said townships without said district in the proportion and manner following, to- wit: The school trustees of each of said town- ships shall, within thirty days after the taking effect of this act, ap- point two commissioners, who are freeholders, one a resident of said school and the other a resident without the district, who, after being duly sviorn to well and truly discharge their duties, shall ascertain the whole number of persons under the age of twenty-one years resi- dent in that part of the said district taken from the township of which such commissioners are residents and the whole number of persons under twenty-one years in such township without said district and the whole number in such township, including such part of the dis- trict as may be in such township; and thereupon said trustees of schools of each of said townships, aforesaid, shall divide and apportion said funds, real estate, personal property, notes, bonds and obligations of said townships between the said district and the portions of each of said townships without said district, in proportion to the whole number of persons under twenty-one years of age in that part of said district lying in each township to the whole number of persons under twenty-one years of age in the whole of such townships: Provided, such division of real estate and personal property shall not include a division of the value of school houses, buildings, grounds and furni- ture belonging to any district from which the Tuscola Union School District is taken. Said trustees shall have power to supply any vacancy occurring among said commissioners, and compensate them for such services in such amounts as the said trustees shall deem proper and right. The report of the commissioners shall report the —20 S L 306 number of persons so ascertained to be within the townships and district, as hereinbefore directed, to the said trustees within days from their appointment. § 7. Said trustees or other person or persons having control or cus- tody of such funds, property, bonds or obligations shall, upon such division being made, pay over, assign, transfer and deliver to the board of education of Tuscola Union School District the portions of the personal property, notes, bonds and obligations to which such school may be entitled, and execute and deliver to said board of edu- cation the necessary deeds and conveyances for the shares of real es- tate due said district under such division; which funds and other per- sonal property, real estate, notes, bonds and obligations shall be and remain under the full and entire control and power of said board of education, for the use and benefit of said district, subject only to the provisions of the general school laws of this State defining the powers and duties of trustees of schools. § 8. The board of education of said district shall prepare or cause to be prepared by the treasurer or clerk of the board, or other per- sons and furnished to the superintendent of the schools of Douglas county, on or before the first Monday of October, annually, a report, containing the same facts and statistics as are required to be embraced in the reports of township treasurers to the county superintendent of schools by the general school laws of the State of Illinois ; and the said superintendent or other officer shall pay to the treasurer of said dis- trict its proportion of the school, college or seminary fund of the two mill tax, interest, fines and other moneys or special taxes distributed according to the laws in force for each apportionment or distribution, treating such district for this purpose the same as a township. § 9. The said board of education shall establish and maintain a sufficient number of free schools for the education of every white per- son residing in said district over the age of six years and under the age of twenty-one years, and shall take the necessary provisions for continuing said schools in operation not less than eight months nor more than ten months in each year; and for the purpose of more suc- cessfully accomplishing this end, the said board shall have power — First — To rent, lease or purchase grounds and sites for school build- ings. Second — To hire, purchase or erect, in accordance with provisions of this act, houses and buildings to be used for school purposes and to keep the same in proper repair. Third — To furnish the schools in said district with all the nec- etssary furniture, fixtures and apparatus. Fourth — To establish in said district as many primary schools and those of higher grades as said board shall deem proper; to determine the branches or studies to be taught in each department or grade, and to prescribe and enforce rules and regulations for the admission of pupils into the same and for promotion from one grade or department to another, and also to determine the text books to be used therein. Fifth — To hire and appoint all teachers of said schools, establish rules respecting their qualifications and how the same shall be de- termined, fix the amount of the salary or compensation of each teacher. 307 and may dismiss any teacher at any time for incompetency, immoral- ity or other good cause: Provided, that nothing herein contained shall be construed as to supersede the necessity of every teacher first procuring a certificate from the county superintendent of county schools, as is now required by the general law of this State. Sioih — To lay off and sub-divide said district into as many sub- divisions, for school purposes, as circumstances and the interest of schools therein may be thought to require, and from time to time change the same or create new ones. Seventh — To appoint three persons, whose duty it shall be to con- duct all examinations of pupils for admission to any department or grade of said schools, or for promotion therein, and to appoint other officers, committees or agents as they shall deem best or most con- ducive to the interest of said schools. Eighth — To have the power to suspend or expel pupils for dis- obedient, refractory or incorrigibly bad conduct, or for a failure to comply with the rules and regulations adopted by said board for the government of said schools. Ninth — To have and possess all the rights, powers and authority necessary for the proper management of schools and school funds and the carrying out of the true spirit and intent of this act and that may be necessary to establish and perfect a good and thorough system of puplic instruction in graded free schools in said district. § 10. The said board, in addition to the powers now given by law to school directors and the powers herein granted, shall possess aU the powers and privileges of trustees of townships for school purposes, and shall be recognized and regarded by the county superintendent of schools, county clerk and all other officers of this State as possess- ing all the powers, privileges and rights of trustees of congressional townships of this State, and are hereby required to perform for said district all the duties of such trustees as well as those of directors, not inconsistent with this act. § 11. It shall be the duty of the board of education, and they shall have full power, to determine the amount of money needed and to be levied and raised for school purposes for each year, over and above the amount derived from the school funds heretofore enumerated or from other sources, and to levy the same, annually, upon the taxable property of said district, and have it collected in the same manner as other taxes are collected; which levy or tax shall not in any one year exceed two per centum of the assessed valuation of all the property in said district subject to taxation therein. § 12. Said board of education may, also, at any time when they may deem it necessary, borrow any sum or sums of money, for a time not exceeding one year and at a rate of interest not exceeding ten jper centum, per annum, to be expended for general school purposes, for purchasing schoolhouse sites and for repairing and improving school buildings: Provided, that the total amount so borrowed and unpaid at any one time shall not exceed one per centum of the assessed valua- tion of the taxable property of said district. § 13. That when said board shall deem it necessary to purchase 308 or erect a schoolhouse or schoolhouses or other necessary buildings, for the use of said district, they shall call a meeting of the legal voters of said district, by giving at least ten lays' notice of the time and place and object of said meeting, by posting up or causing to be posted up at least three written or printed notices, in three of the most public places in said district; and the president of said board or in his absence one of the other members of said board shall act as chairman of said meeting, and after appointing some one of their number clerk, may determine, by a majority vote, upon the erection of a schoolhouse or schoolhouses or other buildings, and the amount of money to be raised for that purpose — said voting to be by ballot, and to be conducted in the same manner as other school elections are conducted; which moneys, so voted, shall be levied by said board in such amounts each year as the board shall deem best, and shall be collected in the same manner as other taxes for school purposes are collected: Provided, that such levy shall not exceed for any one year three per centum of the assessed value of the taxable property of said district ; and the said board of education, for the purpose of raising the money so voted, may issue bonds, which shall be executed by the president and clerk of said board, in sums of not less than one hundred dollars each, bearing interest not exceeding ten per centun, per annum, and running for such times as said board may deem necessary — such time to be stated in the bonds issued: Provided, further, that such time shall not exceed seven years. § 14. All white persons over the age of six years and under the age of twenty-one years, residing in said district, shall be admitted into said schools free: Provided, said board may, at their option, have power to charge and collect a reasonable tuition fee from each pupil who pursues the study of any other language in said schools than the English language. And said board shall have power to ad- mit persons who do not reside in said district or who are over twenty- one years of age into such schools, upon such terms as the board may deem proper; but nothing herein contained shall be so con- strued as to prevent persons from being suspended, expelled or kept out of said schools altogether, for reasons hereinbefore mentioned. § 15. It shall be the duty of the president and clerk of the said board to sign all documents and other papers of said board, and the same are hereby declared to be legal and binding, when so signed. § 16. Each treasurer appointed by said board of education shall, before entering upon the duties of his office, execute a bond, with two or more freeholders, who shall not be members of the board, as securities, payable to the Board of Education of Tuscola Union School District, with a sufficient penalty to cover all liabilities which may be incurred, conditioned faithfully to perform all the duties of treasurer of said board according to law — said bond to be approved by a majority of the board, at a regular meeting, and to be delivered by a member for the board to the county superintendent of schools of Douglas county. The penalty of said treasurer's bond shall be twice the amount of all moneys, notes, bonds, mortgages and effects liable to pass through his hands as such treasurer or to be in his '609 custody or control during any one year; and said bond shall be in the form prescribed for township treasurer's bond by the general school laws of this State. § 17. It shall be the duty of the treasurer of said board to loan that part of the funds belonging to said district derived from the township funds, and denominated principal, in the manner and sub- ject to the conditions prescribed by the general school laws of this State for the government of township treasurers in the loaning of township funds; and no part of said principal shall ever be appor- tioned or paid out in any manner that shall cause a decrease or diminution of the amount of the same. Said treasurer shall be allowed to retain a commission of one per centum, and no more, on all funds paid out or loaned by him for the benefit of said district. He shall deliver to his successor in office all books, moneys, papers and other property appertaining to said office, when ordered so to do by the said board of education. § 18. Neither the treasurer nor any member of the board shall receive any compensation for his attendance at the meetings of the same, nor for the performance of ordinary duties of members of said board ; but for extraordinary services a reasonable compensation may be allowed, the board to determine what are extraordinary services and what is a reasonable compensation therefor: Provided, that said board may allow the member of said board who shall act as clerk a reasonable compensation for keeping the records of said board — such compensation being not more than one dollar for each necessary meeting of said board. § 19. The treasurer shall, as often as required by the board, make due and full report to them — which report shall be open to the in- spection of any citizen of said district — of the financial condition thereof, giving the amount of money on hand and from what sources derived, the amounts paid out since the last preceding report, to whom paid, for what purposes, and such other items as the said board or the general school laws of this State may require. § 20. Said board of education shall keep a correct record of all their proceedings, to be kept in the custody of the clerk, and, for that purpose, may purchase and pay for the necessary books therefor. Said record shall be open to the inspection of any member of the board or other citizen, at any regular meeting of said board. § 21. For any neglect or failure (except through sickness of him- self or family or unavoidable absence) by the treasurer or any member of the board to fulfill all the duties required of or imposed upon him by any of the provisions of this act, he shall be liable to a penalty of ten dollars for each default, to be recovered in an action of debt, at the suit of any citizen who may complain, one-half of said fine to go to the informer and the other half to be paid into the treasury of said district. § 22. The present directors of the districts from which any terri- tory is taken for the formation of the'Tuscola Union School District shall continue to be directors of said districts from the taking effect 310 of this act until the proper organization of said board of education is effected thereunder; at which time the offices of said directors shall be vacated as to any part of said Tuscola Union School District. § 23. This act shall be deemed a public act, and shall take effect and be in force from and after the first day of June, in the year of our Lord one thousand, eight hundred and sixty-nine. Appkoved March 24, 1859. Uppek Alton School Disteict. An Act to incorporate the Totmi of Upper Alton. Article VIII. Section 1. All the territory lying within the corporate limits of the town of Upper Alton, as defined in article one, section two of this act, with such other territory as may be hereafter incorporated with and come under the jurisdiction of said town, and within the bound- aries extended for school purposes only, as follows, viz: On the north, to the township line between townships five (5) and six (6) North, on the east, three-fourths (f ) of a mile — said eastern boundary being extended south till it strikes Wood river — and thence, along said Wood river, to where the quarter section line of sec- tions seventeen (17) and eighteen (18) strikes the said river, on the south, to the said quarter section line of sections seventeen (17) and eighteen (18), on the west, to Alton City and range line between range nine (9) and ten (10) west, is hereby enacted into a common school district, to be known as the Upper Alton School District. (As amended by an act approved March 29, 1869). § 2. The town council of said town shall appoint a board of edu- cation, to consist of not more than five members nor less than three, for the term of three years each. Said board shall be divided, by lot, into classes, to serve one, two and three years. And all appointments, other than to fill vacancy, shall be annual, and shall be made on the first day of August, of each year, except when that day shall fall on Sunday ; in which case, on Monday following: Provided, that the present board shall hold their offices, as heretofore appointed by the town council, and for the terms determined, unless resigned or re- moved: Provided, also, that the town council may remove any member for gross neglect or dereliction or manifest disqualification for the office. All vacancies occurring, by resignation or removal, shall be filled for the unexpired term only of the member resigning or removed. Said board of education shall have exclusive jurisdiction and supervision of all public schools in said town, and shall have all the powers and discharge all the duties that are now incumbent upon school directors under the laws of the State of Illinois relating to common schools, and to cities and incorporated towns, under section seventy-nine of "An act to establish and maintain a system of free schools in the State of Illinois." as amended February 16, 1865. (As amended by an act approved March 28, 1869.). 311 § 3. The board of education shall have power to sell and convey any and all property now held by the trustees and directors of schools within the town, for the purpose of purchasing the sites or erecting school houses, and, generally, to have and possess all the rights, powers and authority necessary for the proper management of the schools of said town and the school lands and funds belonging to said school district, are now enlarged with power to enact such rules and by-laws as may be necessary to carry into effect the power hereby granted: Provided, that in case of sale or lease for more than one year a concurrence of all the members of the board, if it shall consist of but three, and of four, if it shall consist of five, shall be necessary. (As amended by an act approved March 29, 1869.) § 4. All the school taxes and all moneys for school purposes, from any and all sources whatever, and all special taxes voted for school purposes, shall be paid into the town treasury, and shall be kept a separate fund, for school purposes exclusively; and any special tax or moneys raised by tax or loan, for the purpose of purchasing site or building or purchasing school house, voted by the people of the dis- trict, shall be kept separate from moneys raised for general purposes, and shall be appropriated for no other purpose than that designated by the call for an election to vote such funds. (As amended by an act approved March 29, 1869.) § 5. And he it further enacted: That the treasurer of the town of Upper Alton may and shall be the treasurer of the board of educa- tion. The treasurer shall give good and sufficient bonds to the board of education, for the faithful discharge of his trust. He shall report to the board, as often as required, and shall pay out moneys for school purposes only upon the written order of the board, signed by the president and secretary. And no order shall be drawn for any pur- pose, unless the same shall be acted upon and the amount voted at a regular or called meeting of the board of education. § 6. Said board shall have full power, and it shall be their duty, to provide suitable school houses and grounds, by purchase or lease, and keep them in repair, alter or enlarge, as may be necessary for the proper accommodation of all the pupils of the district; to procure necessary furniture, fixtures, books, maps, globes, charts, apparatus, library or libraries, and all necessary appliances for the accommoda- tion, support and successful operation of a system of public graded schools, grade and classify the same, elect and employ competent and suitable teachers and other agents and assistants, and prescribe their duties, fix their salaries and compensation, and, generally and speci- fically, make and execute and enforce such rules, regulations and by- laws as they may deem necessary to establish and perpetuate a system of public graded school instruction, most complete, thorough and efficient: Provided, that they shall not purchase a site nor erect a new school house, except upon the vote of the qualified electors of the district, as now provided for in the common school laws of this State. § 7. Said board shall have full power, and it shall be their duty, to establish a central high school and such other primary or intermediate departments, to be taught in one or more buildings, as they may deem 312 necessary and as circumstances or necessity may require. They shall prescribe what studies shall be pursued, the text books to be used, the grade or standard of scholarship for admission to the higher de- partments, and shall so grade and regulate the studies of the lower departments as to form a regular and uniform course of preparation for the higher. They shall also have full power to elect and employ a principal, define and prescribe his duties and relations to all the departments of public instruction, and such assistant or assistants as may be necessary; remove, suspend or dismiss any teacher, for in- competency or whenever, in their judgment, the interest of the schools shall demand it: Pi^ovided, that no teacher shall be removed without at least ten days notice and a written statement signed by the presi- dent and secretary of the board of the reasons for such removal, if the teacher should so desire. § 8. Said board shall have full power to determine the length of time schools shall be taught during the year: Provided, that the school year shall not be more than forty-two weeks nor less than thirty-six weeks in any one year, and that schools shall not be required to be taught on the days now set apart and excepted by the common school laws of the State and common custom. Said board shall, also, have power to determine the number and lengths of the terms and vacations of the school year and rates of tuition for all pupils non- resident or above lawful age. § 9. It shall be the duty of the board of education and they shall have full power to determine the amount of money needed for school purposes and to be raised by tax, over and above the amount of public moneys and incomes from all sources, except taxes, for one year from the first Monday of September of each, and report the same, by the di- rection of or with the approval of the town council, to the clerk of Madison county, within ten days ; and it shall then be spread upon the assessment roll of the tax-payers of the Upper Alton School JJis- trict as other taxes, and, when collected, shall be paid over to the treasurer of said town separately and apart from the taxes of the township, for school purposes, and at the same times in which the sheriff of said county is by law now required to pay over such funds. § 10. All school lands, school funds and other real and personal estate, notes, bonds or obligations belonging to township five (5) North, range nine (9) West, of Madison county, Illinois, held or owned for school purposes, shall be divided as follows : Between the Upper Al- ton School District and the portion of the township without the same, in the proportion and manner following, viz: The trustees of schools of said township shall, within twenty days after the passage of this act, appoint two commissioners, who are freeholders, one a resident of said district and one a resident of the township without said Upper Alton District, who, after being sworn well and truly to discharge their duties, shall ascertain the whole number of white persons under twenty-one years of age residing in the Upper Alton School District and the whole number residing in the township without the same, and thereupon said trustees shall divide and apportion the said lands, funds, real or personal estate, notes, bonds or obligations of said township, between the Upper Alton School District and the township 313 without the same, according to the nnmber of said persons under twenty-one years of age residing in each portion. Said division and apportionment shall be made at the regular meeting of said trustees, in April, or at a meeting adjourned for the purpose of completing said apportionment. Said trustees shall have power to fill vacancies in said commissioners. § 11. Said trustees or other person or persons having custody or control of such funds or lands, as enumerated or referred to above, shall pay over and deliver to the board of education of said school district the proportion thereof, as determined by said trustees, and execute and deliver to said board the necessary deeds and other con- veyances and transfers of all kinds, so that the entire portion belong- ing to Upper Alton School District shall be in custody and control of said board of education. Said board shall also have power to loan funds, upon such conditions and rates as the law in such cases pro- vides. § 12. The board of education shall have power to elect a president and secretary, and prescribe their duties. They may, also, provide for the times and places of meeting, either upon adjournment, regular or called. A majority shall constitute a quorum for any business: Provided, that no sale of property or lease for more than one year shall be made only upon the conditions of this act, sec. 3. § 18. If, at a meeting, of which due notice shall be given, the colored inhabitants of said Upper Alton District shall so petition, the board of education may take charge of their school or schools, appoint a teacher or teachers, and in all suitable ways exercise supervisions over them: Provided, that no additional taxes shall be levied on ac- count of such school or schools otherwise than provided for by law. § 14. Any acts or parts of acts in conflict with the provisions of this act are hereby repealed. Nor shall any amendment of the char- ter of Upper Alton be construed to alter or amend this act, unless so stated, specifically, by reference to each and every section so amended. § 15, The town council of Upper Alton shall have full power to pass any ordinance, not conflicting with the foregoing provisions, to carry into effect the system of graded schools herein recognized and established, fix penalties for violations of its provisions 'or for dam- ages and trespasses to or upon school property and grounds ; and, gen- erally, all duties not specifically granted herein in relation to schools shall devolve upon the town council or the board of education, by their ordinance. § 16. This act shall be considered a public act, and shall take ef- fect upon and after its passage: Provided, the provisions of this act shall not be construed to limit or abridge the power of the board of education of the said town of Upper Alton for and during the present school year. Appeoved February 16, 1865. 814 WAESAW SCHOOL DISTEICT. An Act for the establishment of a system of graded schools in Wai^saw, Illinois. Section 1. Be it enacted hy the People of the State of Illinois, represented in the General Assembly: That all the territory within the limits of the township of Warsaw, Hancock county, Illinois, ac- cording to its present or future boundaries, is hereby erected into a common school district, to be known as the Warsaw School District. § 2. The care and superintendence of the common schools within said district, together with the funds and estate, both real and personal, belonging to and which may be conveyed to said district, shall devolve upon a board of education for said district, and they shall have the exclusive management and control of said schools, and said real and personal funds and estate. § 3. The said board of education shall consist of six members, who shall be legal voters of said district, and they shall be elected by the legal voters of said district, and hold their offices for three years from the day of their election and until their successors are elected, except that of the board iirst elected under this act, two shall retire from office at the end of the first year, two at the end of the second year, and two at the end of the third year; and the period of their said retirement shall be determined by lot among said members. ELECTION. An election shall be held annually at the public school building, on block 92, in the town of Warsaw, according to its recorded plat, on the last Saturday in the month of June of each year, at the first of which six members of said board shall be elected, and at each election there- after there shall be elected successors to those members whose terms are about to expire, and to fill the unexpired terms of those members whose places in said board have become vacant during the year pre- ceding by reason of death, resignation, or removal from said district, and said board of education shall have power^to fill all vacancies so occurring until the ensuing annual election. NOTICE, Notice of these annual elections shall be given by the clerk of said board, by posting up written notices of the time and place of said elections and the officers to be elected and the question to be deter- mined thereat, in three of the most public places of said district, at least ten days before such election is to take place; and the first elec- tion under this act is to take place in June next, and the notice there- for shall be given by the acting clerk of the present board of educa- tion for said district; and until said first election said present board of education shall hold their present offices, as shall also their present treasurer and clerk; and all their several acts shall be valid and bind- ing, according to their present rules. Said election shall be conducted in a manner provided for the election of school trustees by the act in force April 26. A. D., 1859, except that the president of said board shall be one of the judges of election, if present; and there shall be two clerks of said election, one of whom shall be the clerk of the board of education, if present; and two poll books of said election shall be 315 kept, one of which shall be filed by the clerk of said board, and the other of which shall be returned by said clerk of Hancock county and be by him filed in his ofiice. § 4. Said board are hereby created a body corporate and politic, by the name of the " Board of Education of the Warsaw School Dis- trict," and by that name may sue and be sued, plead and be im- pleaded, answer and be answered unto, in all courts and places, and have perpetual succession and a common seal, and the same alter and change at pleasure; and they may exercise all the powers that school trustees of townships and boards of directors of school districts generally may do, by any law now in force or that may be hereafter passed; and they are hereby empowered to receive conveyances of real estate in their corporate name, and also to convey the same by said name, and all such conveyances shall be executed and ac- knowledged by the president of said board, and attested by its seal and the signature of the clerk: Provided, that all such conveyances shall be authorized by a resolution of said board: And, provided, further, that all sales and conveyances of school houses and groimds pertaining thereto shall be determined upon a majority of the legal voters of said district, upon the submission of the question of such sale to them, at an annual election by said board. § 5. Said board shall hold stated and regular meetings once in each month, the time to be designated by the rules of said board; and said board may make, from time to time, all needful rules and regula- tions for their own government and the government of all officers and agents elected or appointed by the board, and for the custody, care and management of all the schools, school funds and school property belonging at any time to said Warsaw School District, and all such rules shall have the force and effect of ordinances passed by the coun- cil of a city, and shall be recorded by the clerk of said board, and a copy thereof, certified by said clerk, under the seal of said board, shall everywhere be received as evidence of the passage of said rules, which shall be in force from their passage. § 6. Said board shall annually, at their stated meeting in July, elect one of their number president, who shall preside at the meetings of the board, if present, and perform such other duties as may be im- posed upon him by the rules of said board; and they shall also elect a treasurer and clerk, who shall not be members of said board; and said treasurer shall be treasurer of the school fund of said district; and they may also elect a superintendent of schools of said district, who may or may not be one of their own number, and appoint such agents and committees as the necessities of said district may seem to require, and adopt rules determining their duties and compensation; and all such officers so elected shall hold their offices for one year from said July meeting and until their successors are elected and qualified,, unless sooner removed by said board for adequate cause: Provided, that the members of said board shall in no case receive any compen- sation for their services as such, but shall render the said services for love of the cause, the honor of the position and the public good. § 7. All actions and rights of action which have accrued or may hereafter accrue to any persons or corporations for the benefit of the Warsaw School District, are hereby vested in said board of education. 316 § 8. Said board, of education, or a committee thereof, shall examine all applicants to teach in the public schools of said district in relation to their qualifications to teach, and if satisfied that said applicant is apt to teach, possesses good governmental qualities, is of good moral character, and properly qualified to teach such branches as is required of him or her, said board shall give such person a certificate of quali- fication, signed by the president, and may revoke the same for gross immorality, incompetency, or other adequate cause. Said board shall elect all instructors in the public schools of said district, and deter- mine the duties and compensation and time of service, and may remove the same at any time for adequate cause, to be determined by said board by a rule adopted for that purpose. § 9. A majority of said board shall constitute a quorum for the transaction of all business. It shall be the duty of said board to cause an abstract of the whole number of white children under the age of 21 years, within said district, to be furnishd with such further information as is required in sections 36 and 79 of this act to establish and maintain a system of free schools, approved February 16, A, D. 1857, to the school commissioner of Hancock county, within ten days after the same shall have been ascertained; and the school commis- sioner shall pay annually to the treasurer of said board, the amount said district is entitled to receive from any funds that are or may be in his hands, subject to distribution for the support and benefit of schools in said county, in accordance with the provisions of all laws that have been or may be passed, the same as if no special charter had been conferred upon said Warsaw School District. § 10. Said board shall have full power to purchase or lease sites and necessary grounds for school houses; to erect, hire, purchase, finish and keep in repair sufficient buildings for school purposes; to furnish schools with necessary books, fixtures, furniture, apparatus and libraries; to establish and maintain a system of public graded schools of said district ; and to prescribe the studies to be taught, and the books to be used therein ; to pass by-laws and rules to carry these powers into complete execution ; to supply the insufficiency of school funds for payment of teachers, and other school purposes and ex- penses, by school taxes, to be levied and collected as hereinafter pro- vided. § 11. It shall be the duty of said board, and the37 shall have full power to determine the amount of money needed to maintain the pub- lic schools of said district, free to all the children therein; and for paying all the expenses of the same, of every description, for each school year, over and above the amount of money from school funds and all other sources; and they shall designate the same school tax, and it shall, in like manner, be the duty of said board, and they shall have full power to determine the amount of money needed at any time for the purposes of purchasing, leasing, or improving grounds for school purposes, or for purchasing, leasing, building, finishing, repair- ing, improving or insuring school houses, or for procuring furniture, libraries or ajDparatus therefor; and they shall designate the same school house tax; and it shall be the further duty of said board, at 317 any meeting prior to the second Monday of September, annually, to ascertain the rate per cent, npon the assessment of property in said township, for State and township purposes for that year, needed to be levied to raise the amount of school tax determined upon, and what rate per cent, upon the same will need to be levied to raise the amount of school house tax determined upon, which rate or rates per cent., respectively, the president and clerk of said board shall certify, under the seal of said board, and make return thereof to the clerk of Han- cock county, on or before the second Monday of September, annually ; and it shall be the duty of said clerk to extend the said tax or taxes in one column under said name of school tax, according to said rate or rates upon the collectors books for that year for said township of Warsaw, or saia Warsaw School District; and the said taxes shall be collectable as other taxes are or may be; and the township collector shall pay over such school tax and school house tax to the treasurer of said board, at or before the time for him to return his books; and all delinquent taxes collected, or redemptions made from tax sales, shall, to the extent of said taxes and the redemption made thereon, be paid over to the officers receiving the same, to the treasurer of said board on demand. § 12. The clerk of said board shall keep a record of all its pro- ceedings, and have custody of the seal and attest with his signature and the seal of the board, all official acts authorized by the board, and signed by the president, and perform such other duties as may be imposed upon him by the rules of said board. § 13. The treasurer elected by said board 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 education for which he is elected treasurer, with a sufficient pen- alty to cover all liabilities which may be incurred, conditioned faith- fully to perform all the duties of treasurer of said board according to law, and the securities shall be approved by the majority of said board, and the bond shall be filed and kept by the clerk of said board; each treasurer so elected shall have custody of all bonds, notes, mort- gages, moneys and effects, denominated principal, as well as all school moneys and funds for distribution belonging to said Warsaw School District, and the said penalty of said treasurer's bonds shall be twice the amount of said bonds, mortgages, notes, moneys and effects, as near as can be ascertained, which bonds shall be in the following form : State of Illinois, ) Hancock County, f ^^ 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 education of the War- saw School District, in the penal sum of dollars, for the payment of which w^e bind ourselves, our heirs, executors and administrators, firmly by these presents. In witness whereof we hereunto set our hands and seals, this day of 19 the conditions of the above obligation is such that if the above bounden A B , treasurer of the board of education of the Warsaw School District, aforesaid, shall faithfully discharge all the duties of said office according to the laws that are now or may hereafter be in force, and the rules of said board, and Bis shall deliver to his successors in office all moneys, books, 'papers securities and property in his hands as such treasurer, then this obligation to be o d, otherwise to remain in full force and eilect. § 14. Said board of education shall have power to prescribe the mode of keeping the treasurer's books, and make such rules reg- ulating the conduct of his office of treasurer as they may deem proper, not inconsistent with this act. § 15. Said treasurer shall loan all moneys which may come into his hands by virtue of his office, except such as may be subject to distribution or applicable to some other special purpose upon the fol- lowing conditions: The rate of interest shall be ten per cent, per annum, payable every four months in advance, the time for which loans shall be made, shall not be less than six months nor more than five years. For all sums not exceeding one hundred dollars, loaned for not more than one year, two responsible sureties shall be given for all sums over one hundred dollars, and for all loans for more than one year security shall be given by mortgage or deed of trust on un- incumbered real estate, in value double the amount loaned; and in case improvements are included in said valuation, said improvements shall be insured to the amount of said loan, and the policy of insur- ance assigned to said board as collateral security, and all such mort- gages or deeds of trust shall be conditioned that in case additional security shall at any time be required by said board, the same shall be given to the satisfaction of said board. Notes, bonds, mortgages and other securities taken for money or other property due or to be- come due to said board, shall be payable to said board by their cor- porate name, and in such name every description of legal and equit- able proceedings may be had for the recovery of money for breach of contracts and for every legal and equitable liability which may at any time arise or exist, or upon which a right of action shall accrue to the use of this corporation. Provided, that notes, bonds, mortgages and other securities which are payable to the City of Warsaw for the use of the Warsaw School District, shall be valid to all intents and pur- poses, and suit may be brought on the same in the name of the said board of education: And, provided, further, that if at any time any portion of the principal of said school fund shall remain in the hands of said treasurer, for the space of three months unloaned by reason of inability on the part of said treasurer to safely loan the same at ten per cent, then said board may, by unanimous resolution, authorize said treasurer to loan said portion of said principal for six months only at a time, for such less rate of interest than ten per cent as said board may unanimously agree upon; or said board may order said portion of said principal to be invested in interest bearing securities of the United States, until such time as the same can be loaned for ten per cent. The wife of the mortgagor, (if he has one), shall join in the mortgage or deed of trust given to secure the payment of the money loaned by virtue of the provisions of this act, and if given up- on a homestead, said homestead right shall be released and waived in favor of said board of education. § Ifi. Mortgages or deeds of trust to secure the payment of money loaned under the provisions of this act, may be in the form prescribed 319 by the fifty-eighth section of "An act to establish and maintain a system of free schools," approved February 16, A. D. 1857, and shall be recorded and acknowledged as is required by law for other con- veyances of real estate, and the mortgagor shall pay the expenses of acknowledging and recording, and fifty cents as a fee to the treasurer of said board; but mortgages in any other form to secure payment as aforesaid shall be valid, as if no form had been prescribed; and upon breach of any condition or stipulation contained in any of said mortgages or deeds of trust, an action may be maintained and damages recovered as upon other covenants, and the same may be foreclosed in equity. § 17. Whenever the said board shall require additional security to be given for the payment of money loaned, and such security shall not be given, the clerk of said board shall notify said treasurer of said requirement, and said treasurer shall cause suit to be instituted for the recovery of the same, and all interest thereon to the date of judgment. In the payment of debts by the executors and adminis- trators debts due or to become due to said board, shall have prefer- ence over all other debts, except funeral and all other expenses at- tending the ^ast illness, not including physician's bill; and it shall be the duty of the said treasurer to attend at the probate office upon the proper day and have such debts probated and classed to be so paid. § 18. If default be made in payment of interest upon or principal of money so loaned by said treasurer, interest at the rate of twelve per cent., per annum, shall be charged upon said principal and in- terest from the day of default, and included in judgment given or decree rendered in any suit brought to recover principal and interest or interest only; and said treasurer is hereby empowered to bring all needful actions in the corporate name of said board for the recovery of the interest payable once in four months in advance, and all other interest, without suing for principal in whatever way secured; and justices of the peace shall have jurisdiction in all such cases of all sums of one hundred dollars and under; and all judgments given or decrees rendered for school funds so loaned by said treasurer, shall bear interest at the rate of six per cent., per annum, from date of such judgment or decree. § 19. At the stated meetings of said board in April and October of every year, the treasurer shall lay before the board of education a statement, showing the amount of interest, rents, issues, profits or losses, and proceeds of special taxes that may have accrued or become due, and the amount of same that has actually come into his hands since the last half yearly meeting on all the property of said Warsaw School District; he shall also lay before said board all books, notes, bonds, mortgages; and all other evidence of indebtedness belonging to said school fund for examination by said board at said half-yearly meetings, and make such other statements and exhibits from time to time as said board may require touching the duties of his office and loans and securities. 320 § 20. It shall be the duty of said treasurer to use diligence in keeping said school fund loaned at interest, and in case of failure or refusal to perform all the duties of treasurer required by law, he shall be liable to said board, on his bond, to be recovered by said board in an action of debt in their corporate name for the use of said school fund, before any court having jurisdiction of the amount of damages claimed: Provided, that if said treasurer in any such failure or refusal, acted under and in conformity mth a requisition, rule, or order of said board, entered upon their records, then the members of said board voting for said order, rule or requisition, and not the treasurer, shall be liable jointly and severally to the inhabitants of said Warsaw School District, to be recovered by action of assumpsit in the official name of said board. § 21. When a treasurer shall resign, remove from said district, or be removed from said office, and at the expiration of his term of office, he shall pay over to his successor in office all moneys on hand and deliver over all books, notes, bonds, mortgages and other securi- ties for money, and all papers and documents of every description in which said board may have any interest whatever, within his care, custody or control; and in case of death of said treasurer, his securi- ties and legal representatives shall be bound to comply with the pro- visions of this section, and for non-compliance he and they shall be liable to a penalty of not less than one hundred dollars, at the dis- cretion of the court, before which judgment may be obtained; and the obtaining and payment of said judgment shall in no wise dis- charge or diminish the obligation of his official bond. § 22. No part of the principal of the said school fund shall ever be distributed or expended for any purpose whatever, but shall be loaned out and held to use, rent or profit, as provided by law; and if in any year there shall be any interest or other funds on hands which shall not be required for distribution, such amount may, by a vote of said board, be declared principal, and forever after loaned as afore- said, or the same may by like vote of said board be expended for apparatus or libraries. § 23. School funds collected from taxes levied as hereinbefore provided, or from sale of property belonging to said district, other than property bought or taken in payment or satisfaction of loans of principal of school fund, and all moneys and school funds liable to distribution, or collected for special purposes, not being principal, paid in to said treasurer or coming into his hands, shall be paid out only on the order of the board, signed by the president and attested by the signature of the clerk of said board; and for all payments made, receipts shall be taken and filed by said clerk, and said orders and receipts shall show the purposes for which and on what account said orders were drawn ; and the treasurer, upon payment of all orders, shall take them up, cancel them and file them in his office. § 24. All acts and parts of acts relating to said Warsaw School District inconsistent with this act are hereby repealed. 321 § 25. This act shall be deemed a public act and may be read in evidence without proof, and judicial notice shall be taken thereof in all courts and places. Appeoved Feb. 16, 1865. WAUKEGAN SCHOOL DISTKICT. An Act to incorporate the city of WauJcegan. Section 29. All territory now or hereafter within said city shall be one school district, to be denominated "The Waukegan City School District," which shall be a school organization separate from the township, and shall receive directly its lawful share of all funds hereafter distributed by the school commissioner of Lake county, as townships may, to be by him paid to the city treasurer. § 30. The township funds arising from the sales of school lands in said township forty-five North, range twelve East, and the avails thereof, and all other funds belonging to said township, for school purposes, shall be divided between the city of Waukegan and the dis- tricts of said township not included in the city school district limits, as follows: The trustees of schools of said township and the city council shall, as soon after the organization of the city government as may be, each appoint one commissioner, who, after being sworn honestly to discharge their duties, shall ascertain the whole number of white persons under the age of twenty-one years in said Waukegan city school district and in said township, not within said city school district, on the first day of April next, and they shall thereupon divide and apportion said funds between said city school district and said township not included in said city district, according to the num- ber of white persons under the age aforesaid residing in each, and shall make report of such division and apportionment to the school commissioners of Lake county, the city council, and to the treasurer of said township. If any of said funds shall be out- standing, on loan or otherwise, said commissioners shall apportion and divide the bonds, mortgages, judgments, decrees, notes and evi- dences of debt belonging thereto, on the basis aforesaid; and it shall be the duty of the township treasurer of said township to imme- diately pay all moneys, and assign, by endorsement thereon, all such bonds, mortgages, judgments, decrees, notes and evidences of debt as may be so apportioned to said city district to "The city of Wauke- gan," and deliver the same to the city treasurer and take his receipt therefor; to enable said commissioners to make said apportionment and division, it shall be the duty of the township treasurer, on request, to deliver to them a detailed statement of said township funds and the condition thereof, to whom loaned, amount of such loan, and when due, and the nature of the security thereof, and amount of cash on hand. -21 S L § 31. All real estate, appurtenances, fixtures, moneys, personal property, taxes levied, assessments and effects belonging to school dis- tricts number 2 and 3, township number forty-five North, range twelve East of the third principal meridian, or held in trust for either of them or their benefit, shall, upon the organization of said city gov- ernment, be and the same are by this act vested in "The City of Waukegan;" and all suits or proceedings in law or in equity in rela- tion thereto, or to collect or secure or recover any moneys, bonds, notes, mortgages, claims, demands or things by this act vested in said city, or required to be paid or assigned to it, may be begun and prose- cuted by said city in its corporate name, § 32. It shall be lawful for said city to grant, bargain, sell, convey, lease or dispose of any property, real or personal, which is by the 30th and 31st sections of this act vested in or required to be assigned or transferred to said city; but all lands, leases, buildings, fixtures and personal property aforesaid, or the proceeds thereof, when sold, shall be devoted and applied to the purposes of education, and shall never be diverted to any other purpose. § 33. The city clerk shall make to the school commissioner all re- ports and statements which are or may be required by law of officers of townships in relation to schools, and at such times as may be re- quired by law. § 34. The care and superintendence of the common schools within the city of Waukegan, together with the funds and estate, both real and personal, belonging to, and which may be conveyed to said Wau- kegan school district, shall devolve upon the city council of the city of Waukegan; but they shall have power to appoint in each year a general superintendent of public schools for said city of Waukegan, whose term of office shall be for one year, and until his sucessor shall be duly elected and qualified; and his duties and the amount of his salary shall be defined by the city council of the city of Waukegan: Provided, however, that said salary shall at no time exceed one hun- dred dollars per annum or be paid out of said school fund belonging to said Waukegan school district ; and said city council shall have the power to make all laws and ordinances necessary for the management of said common schools, not inconsistent with the Constitution of this State. § 35. For the purpose of supporting a system of free schools, the city council shall have power to levy such tax on the real estate and personal property in said city school district as they may deem neces- sary for that purpose, not exceeding forty cents on each one hundred dollars valuation; and for the purpose of erecting the necessary houses for school purposes, they may in like manner levy a special tax, such as they may deem necessary for that purpose, first submitting the question to a vote of the people and receiving their assent thereto. § 36. Nothing shall be done to impair the xmncipal of the town- ship fund, or to appropriate the interest accruing from the same to any other purpose than the payment of teachers in the public schools of the district, and should there be any surplus of interest it shall be carried to and form a part of the school fund. 323 § 37. The city council shall have power— First — To erect, hire 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. Third — To furnish schools with the necessary fixtures, furniture and apparatus. Fourth — To maintain, support and establish schools and supply the inadequacy of the school fund for the payment of teachers from school taxes and out of the general fund . Fifth — To fix the amount of compensation to be allowed to teachers. Sixth — To prescribe the school books to be used in the studies to be taught in the different schools. Seventh— And generally to have and possess all the rights, powers and authority necessary for the proper management of schools and the school lands and funds belonging to the said school district, with power to enact such ordinances as may be necessary to carry their powers and duties into effect. § 38. The school fund shall be kept loaned at interest by the treasurer, and it it shall be lawful to loan the same at fifteen per cent per annum, payable semi-annually in advance. No loan shall be made for a longer period than five years, and all loans shall be se- cured by unincumbered real estate, of three times the value, at least, of the sum loaned, exclusive of the value of the perishable improve- ments thereon: Provided, the city council shall have the power to reduce the rate of interest by a vote of two-thirds of all the aldermen elected, and fix treasurer's fees for making loans, to be paid by bor- rower. § 39. All notes and securities shall be taken to the city of Wauke- gan, for the use of the inhabitants of said city, for school purposes; and in that name all suits, actions and every description of legal pro- ceedings may be had. § 40. All expenses of preparing and recording securities shall be paid exclusively by the borrower. Approved January 23, 1859. WILMINGTON SCHOOL DISTRICT. An Act to amend an Act entitled ''An Act to amend the chai'ter of the City of Wilmington, County of Will, and State of Illinois. Section 1, Be it enacted hy the People of the State of Illinois, represented in the General Assembly : That all buildings, lots and property belonging to school district number one (1), in town thirty- three (33), range nine (9), East, in Will County, Illinois, are hereby vested in the City of Wilmington, Will County, Illinois, for school purposes. § 2. The common council of said city shall have power— First — To build, erect, repair, purchase, hire or lease buildings for school houses and other school purposes. 324 Second — To buy, condemn, appropriate and lease sites and lots for school houses, and the necessary grounds. Third — To furnish schools and school houses with the necessary library, furniture, apparatus, fixtures, appurtenances and conven- iences. Fourth — To establish and maintain schools; to levy and collect taxes for the payment of teachers, and all other expenses necessary for the proper support of such schools. Fifth — To fix the amount of compensation to be allowed to teachers. Sixth — To prescribe the school books to be used, and the studies to be taught in the difPerent schools. Seventh — To prescribe the duties of the board of school inspectors. Eighth — And, generally, to have and possess all the rights, powers and authority necessary for the proper regulation and management of schools in said city, and to enact and enforce such ordinances, by- laws and regulations as may be necessary to carry these powers and duties into effect. § 3. There shall be elected, at the first annual charter election for city officers held in the city of Wilmington, after the passage of this act, three school inspectors, to hold their offices one for one year, one for two years and one for three years — to be determined by lot — so that one inspector shall be elected each year, at the regular charter election of the city, thereafter, to hold his office for three years. § 4. It shall be the duty of the board of school inspectors, on or before the last Tuesday in each school year, to publish in the corpor- ation newspaper a full report of the aumber of pupils instructed in the year preceding, the several branches of education taught, the amount paid to each teacher, the incidental expenses of each school,, and the receipts and expenditures of the respective schools — specify- ing the sources of such receipts and the objects of such expenditures. § 5. That all territory, outside of the city limits of said city, con- tained in school district number one, to-wit: Section thirteen (13), east half of section fourteen (east ^ sec. 14), section twenty-four (24), section twenty-three (23), west half of section twenty-six (w. | sec. 26), west half of section thirty-five (w. | sec. 35), all that portion of section twenty-two (22), lying east of the Kankakee river, of township thirty-three (33), range nine (9), and the southwest quarter of the southwest quarter of section thirty (s. w. ^ of s. w. ^ sec. 30), in town- ship thirty-three (33), range number ten (10), be added to the terri- tory within the limits of said city for school purposes and no other; and the said city is hereby fully authorized and empowered to levy and collect taxes on all the property, of all kinds, in said territory hereby annexed, the same as in other parts of said city, for erecting, building, leasing and repairing school houses, and furnishing the same, purchasing libraries and necessary apparatus therefor, the sup- port and maintenance of schools, and for all other school purposes, and no other purposes: Provided, that no tax for school purposes shall be levied and collected on or from any property, real or personal, con- tained in the territory above described as lying outside of the city limits, without the consent of the school inspectors. All moneys col- lected for school purposes shall be kept as a separate fund, and ex- 325 pended for school purposes only; and the city is further authorized and empowered to have and to exercise all necessary jurisdiction over said territory, and the property and the rights of property therein, to fully carry out and into effect the provisions of this section; and the legal voters of said territory hereby attached are hereby authorized to vote for school inspectors of said city, at any place in said city where such election may be held, and are hereby declared eligible to the office of school inspector. A separate ballot-box shall be provided, in which the inspectors of election shall receive all votes cast for school inspectors, the names of which shall be on a separate ticket. § 6. The common council shall have power to demand and receive, from the trustees of schools in township thirty-three North, range nine, in the county of Will, and from the treasurer of the school fund of said township, semi-annually, such portion of the interest of said school fund and such other funds as the school district of said city or the schools therein are now or hereafter may De, by law, entitled to receive. § 7. The common council shall possess the same powers and be subject to the same obligations and liabilities of the directors of school district number one, in township thirty-three (33) North, range nine, in the County of Will, and State of Illinois; and the office of school directors in said district is hereby vacated. § 8. This act is hereby declared to be a public act, and shall be in force from and after the date of its approval. (As amended by an ;:act approved April 15, 1869). Appeoted April 9, 1869. 326 SUPPLEMENTAL ACTS. BOAED OF EDUCATION APPOINTED. An Act to provide for the appointment of School Directors and members of the Board of Education, in certain cases. Section 1. Be it enacted hy the People of the State of Illinois represented in the General Assembly: That in all cases whereby the provisions of any general or special law of this State heretofore passed, the members of any common council of any city have been made ex officio school directors, or members of the board of educa- tion in and for the school district of which the said city shall consti- tute the whole or a part, the said school directors or members of the board of education shall hereafter be appointed as hereinafter pro- vided. 1. The only chang'e made by the statute of 1879, is the substitution of a board of education appointed by the mayor in place of the members of the common council. None of the other powers, duties or authority, are changed, and the members of the board of education, as appointed and confirmed, have all the powers originally vested in the members of the council. The school district is therefore operated, not under the general school law of the State, but under a special act of the Legislature. Schmohl v. Williams, 215-63, 2. In every school district in this State, existing by virtue of any special charter, where, by the provisions of such special charter, the members of the common council are also ex officio school directors or members of the board of education in and for the school district, of which, such city may form the whole or a part, the board of directors or board of education should include, under the act approved May 29, 1879, and the amendments thereto, two mem- bers from each ward of such city, and one member from the city at large, who should be the president of the board of directors or board of education, but should have no vote except in case of a tie. Attorney OeneraVs Opinion, August 9, 1904. 3. The application of this act relates also to a school district created by special charter, where, by the provisions of such special charter, the common council is given the management and control of the schools in such district, w^ith power to appoint a board of inspectors or board of education, and pre- scribe its powers and duties by ordinance; since, in such cases, the common council could, by reducing the powers and duties of the board of inspectors or board of education to a minimum, itself manage and control the schools of the district, which would be contrary to the plain intention of the statute, the purpose of which is, to withdraw the management and control of the public schools in such districts, from the common council in all cases. Ibid. 327 § 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 director or menibers 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 so 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 district: Provided, That the person appointed from the city at large for one year shall be president of said board of education or school directors, but shall have no vote in such board excepting incase of a tie: A^id, 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 terms 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, 3889.) § 3. The said persons shall, as soon as practicable after their ap- pointment, organize by electing one of their number secretary, who 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 the board of education and school directors appointed under the provis- ions of this act. (xls 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. Appeoved May 29, 1879. ]. The collection of a school tax will not be enjoined because the certifi- cate of levy was not sig-ned by the president and secretary of the board of education and was not under seal, since the defect may be remedied upon application for judgement of sale. Schmohl v. Williams, 215-63. 328 2. The collection of a school tax will not be enjoined upon the ground that the de facto school directors were not directors de jure, since the proper remedy to determine that question is by a quo warranto proceeding-. IMd. 3. in every school district of this class, the board of directors or board of education, as the case may be, should certify to the common council, annual- ly, under the hands and seals of its president and secretary, the amount of money required to be raised by taxation for educational or building purposes in such district for the ensuing- year. The common council should thereupon, cause the said amount to be levied and collected in the manner provided by law for the levy and collection of taxes for school purposes in such district; that is to say, the common council has no power in such cases, to modify or reduce in any way, the amount properly certified by the president and secre- tary of the board of directors or board of education. Attorney OeneraVs opinion, Aiigust 9, 1904. 4. This subsequent act provides, that the powers and duties of the mem- bers of the city council, as ex officio members of the board of education, or school directors, shall devolve on a board to be appointed by the mayor and city council, and that the board shall certify to the council the amount required to be raised by taxation for school purposes for the ensuing year, which amount the council shall cause to be levied and collected in the same manner provided by law for the collection of taxes for school purposes in such districts. It is further provided, that such amount shall not exceed the amount allowed to be levied and collected for school purposes by the general school law. Cleveland, Ci'ncin7iati, Chicago & St. Louis Railway Company v. Handle, 183-364. 5. This act does not violate that clause of section 33, article 4 of the Consti- tution, which prohibits the General Assembly from passing any local or special law incorporating cities, towns or villages, or changing or amending the charter of any city, town or village. This act applies to all cities in the State having such school ]aws and prescribes for them the same methods of constituting the board of education, and of the same limit of taxation as is prescribed for other cities which levy school taxes under the general law. This act tends to uniformity rather than to perpetuate differences. An act which should repeal all such special laws would not be a local or special law and obnoxious to this provision of the Constitution, and so, one repealing all special limitations, leaving all other provisions of such special acts in force, is, upon the same principle, not prohibited. Statutes have been passed changing limitations upon the rate of taxation for other purposes as fixed in special charters of cities so incorporated, so as to produce greater uniformity, but their constitutionality has not been seriously questioned. Ibid. BOARD OF EDUCATION ELECTED. An Act to give cities, incorporated towns, townships and districts, in which free schools are noiv managed under special acts, authority to elect hoards 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 1,000 and not over 20,000 inhabitants, in which free schools are now man- aged under any special act, may, by vote of its electors, determine to elect, instead of the directors or other governing or managing board, now provided for by such special act, a board of education which 329 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 gov- erned 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 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, 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 g-iven, 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 ' ' electing- a board of education having- the powers conferred upon such boards in districts org'anized under the free school law^." 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 dis- trict; and should there not be sufficient time to give the notice re- quired 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 provided by the free school law. 1. A board of education elected under the act to allow municipalities man- aging- free schools under special charters to elect boards of education having the powers provided for such boards under the general law^, has no power to appoint a treasurer of the school fund, and the custody of such funds belongs to the township treasurer. People v. Board of Education, 166-388. 2. It is a w^ell settled principle of statutory construction, that where two statutes are clearly repugnant to each other, the one last enacted operates as a repeal of the former; and a subsequent statute, which revises the whole sub- ject of a former one, and is intended as a substitute for it, operates as a repeal of the former, although there are no express w^ords of repeal. Ibid. § 8. 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 enactec? that this act shall be in force from and after its passage. Approved June 2, 1891. 330 BOAED OP EDUCATION IN CERTAIN CASES. An Act to provide for the election of hoards of education in school districts organized under special acts of the Legislature of this State, where such school districts are maintained U7ider the gen- eral 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 hy the People of the State of Illinois^, represented in the General Assembly: That hereafter, in all schoo districts in this State organized under any special law of this State, and maintaining public schools under any general sciiool 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 j&rst 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 president 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 president 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 education, in addition to the powers of trustees aforesaid, shall also have all the powers of school directors as is now provided for by the general 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 1,000 and not over 100,000 in- habitants under the general school law as the same now exists and as set forth in article 6 of the school law, or shall be conferred by any future alterations thereof by the Legislature. (As amended by an act approved May 10, 1901). 1. The special act of 1897, as amended in 1901, is not applicable to the Galena School District or other districts of its class, but a board of education appointed by the mayor and confirmed by the council is the proper board of education to have charge of such districts. Schmohl v. Williams, 215-63. § 2. Whereas, an emergency exists, therefore this act shall take effect from and after its passage. Appeoved June 10, 1897. H31 BOAKD OF EDUCATION IN CEETAIN DISTEICTS, An Act to provide for the election of boards of education in certain districts. Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That in all school districts in this State, having a population of over 35,000 by the last federal census, existing by virtue of any special charter, where the board of directors or board of education is elected or appointed by the com- mon council of the city, of which school district such city may form the whole or a part, and where there are no provisions in the special charter creating such school district, for the election of a board of directors or board of education, there shall be elected hereafter in each of said school districts, in lieu of the present governing body, a board of education, to consist of seven members, to be elected at the same time and in the same manner, as provided by the general school law for the election of boards of education in school districts having a population of not less than 1,000 and not more than 100,000 inhabitants. Such board of education, when elected and qualified, shall have all the powers of trustees of schools in school townships. It shall also have all the powers of boards of directors, and in addition thereto, all the powers of boards of education elected by virtue of the general school law of this State. Approved May 15, 1908. bonds. An Act to authorize certain school districts to issue hands for certain purposes. Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That for the purpose of build- ing or repairing school houses, or purchasing or improving school sites, any school district in this State, existing by virtue of any special charter, and governed by such special charter, and special or general school laws, whose boundaries are co-extensive with or greater than the boundaries of any incorporated city, town or village, where authorized by a majority of all the votes cast at an election called for that purpose, may borrow money, and as evidence of such indebted- ness, may issue bonds in denominations of not less than one hundred (100) dollars, nor more than one thousand (1,000) dollars, for a term not to exceed twenty (20) years, bearing interest at a rate not to ex- ceed five {^) per centum, per annum _, payable annually, semi-annually or quarterly, and signed by the president and secretary of the school board of such school district: Provided, that the amount borrowed in any one year shall not exceed, including existing indebtedness, five (5) per centum, of the taxable property of such school district, to be ascertained by the last assessment for State and county taxes pre- 332 vious to incurring such indebtedness. (As amended by an act ap- proved March 30, 1905). § 2. All bonds authorized by virtue of this act, before being is- sued, negotiated and sold, shall be registered, numbered and counter- signed by the treasurer of such school district. Such register [regis- tration] shall be made in a book provided for this purpose and in this register shall be entered the record of the election authorizing such school district to issue bonds, and a description of the bonds issued, including the number, date, amount, rate of interest and when payable. § 3. All moneys, borrowed by virtue of this act, shall be paid into the treasury of such school district, and upon receiving such moneys, the treasurer shall deliver the bond or bonds issued therefor, to the person or persons entitled to receive the same, and shall credit the amount received to such school district. The treasurer shall record the exact amount received for each bond issued, and when any bond is paid the treasurer shall cancel the same, and enter in the register opposite the record of such bond, the words " paid and cancelled this day of 19 ... ," filling the blanks with the date, month and year corresponding with the date of such payment. § 4. Whenever it is desired to hold an election for the purpose of borrowing money, as provided by this act, the school board of such district in which such election is to be held, shall give ten (10) days' notice of the holding of such election, by posting notices in at least three public places in such school district. Such notices shall specify the place where such election is to be held, the time of opening and closing the polls and the proposition to be voted on. At such elec- tion two members of the school board shall act as judges and one shall act as clerk. The judges and clerk shall take the oath required of judges and clerks of an election held for county or township offi- cers. At such election all votes shall be by ballot. (As amended by an act approved March 30, 1905). § 5. Within ten (10) days after such election the judges shall cause the poll book to be returned to the treasurer of the said school district, with a certificate thereon showing the result of such election. The poll book shall be filed by the treasurer, and shall be evidence of such election. For a failure to return the poll book to the treas- urer within the time prescribed, the judges of said election shall be liable, severally, 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 name of the People of the State of Illinois, before any justice of the peace, and when collected shall be added to the school fund of said district. § 6. Where any such school district has heretofore issued bonds, or other evidences of indebtedness, on account of any public school building, or for any other purpose, which are now binding' and sub- sisting obligations against such school district and remaining out- standing, such school district may, upon the surrender of any such bonds or any part thereof, or other evidence of indebtedness, issue in lieu thereof, to the holder or holders of said bonds, or to any person 333 or persons, for money with which to take up the fsame, new bonds in accordance with the provisions of this act: Provided, such bonds shall not be issued so as to increase the aggregate indebtedness of such school district to exceed, including existing indebtedness, five (5) per centum of the taxable property of such school district, to be ascertained by the last assessment for the State and county taxes previous to incurring such indebtedness. § 7. Wheeeas, an emergency exists, this act shall be in full force and effect from and after its passage. Appboved and in force May 10, 1901. EXISTING INDEBTEDNESS. An Act to allow directors of schools under special laws to assume and provide for indebtedness heretofore created by the authorities of 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. government of schools in annexed territory. An Act giving cities organized under special charters and hav- ing the government of the public schools under such charters, the government of public schools in any territory annexed to said cities, with 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 originally within the corporate limits of said city as created by 334 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 ter- ritory so annexed, in the same manner, and as fully and to the same extent as the said cities may now have the right over the territory comprised within the original corporate limits of said city. Appeoved April 12, 1899. H35 ADDITIONAL ACTS. AEBOR DAY. An Act to encourage the planting of trees. Section 1. Be it enacted hy the People of the State of Illinois, represented in the General Assembly: That the Governor shall, annually, in the spring, designate by official proclamation, a day to be designated as "Arbor Day" to be observed throughout the State as a day for planting trees, shrubs and vines about the homes and along highways, and about public grounds within this State, thus contributing to the wealth, comforts and attractions of our State. Approved June 10, 1887. BIRD DAY. An Act to encourage the protection of wild birds. Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That the Governor shall, annually, in the spring, designate by proclamation, a "Bird Day" (which shall be the same day proclaimed by the Governor as "Arbor Day" as provided by an act entitled "An act to encourage the plant- ing of trees" approved June 10, 1887. In force July 1, 1887), to be observed throughout the State as a day on which to hold appropriate exercises in the public schools and elsewhere, tending to show the value of wild birds and the necessity for their protection, thus con- tributing to the comforts and attractions of our State. Approved May 16, 1903. CLASSES FOR CRIPPLED CHILDREN. An Act to authorize school districts to establish and maintain classes for crippled children in the p>ublic schools. Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That upon the application by a board of education or board of directors of any school district to 336 the county superintendent, he shall grant permission to such board of education or board of directors, and such board of education or board of directors shall be empowered thereby to establish and main- tain, as part of the public schools of such district, one or more classes having an average attendance of not fewer than fifteen pupils, for the instruction of crippled children over the age of six and under twenty- one years. § 2. Any board of education or board of directors that shall estab- lish and maintain one or more classes for the instruction of crippled children, shall report to the county superintendent annually, and as often as the county superintendent shall direct, such information con- cerning the class or classes so established and maintained, as the Superintendent of Public Instruction may require. § 3. No person shall be employed to teach any such class or classes, who shall not have first obtained a certificate of qualification as required by law. § 4. An act authorizing school districts managed by boards of education or directors to establish and maintain schools or classes for crippled children in the public schools, and authorizing payment therefor from the State common school funds, approved May 13, 1903, is hereby repealed. Appeoved May 18, 1905 CLASSES FOR DEAF CHILDEEN. An Act to authorize school districts to establish and maintain classes for the deaf in the public schools. Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That upon the application by a board of education or board of directors of any school district to the county superintendent, he shall grant permission to such board of education or board of directors, and such board of education or board of directors shall be empowered thereby to establish and maintain, as part of the public schools of such district, one or more classes, hav- ing an average attendance of not fewer than three pupils, for the in- struction of deaf persons over the age of three and under twenty-one years. § 2. Any board of education or board of directors that shall estab- lish and maintain one or more classes for the instruction of the deaf shall report to the county superintendent annually, and as often as the county superintendent shall direct, such information concerning the class or classes so established and maintained as the Superinten- dent of Public Instruction may require. § 3. No person shall be employed to teach any such class or ©lasses who shall not have first obtained a certificate of qualification, as required by law, and who shall not have received instruction in the methods of teaching the deaf for a term of not less than one year. 337 § 4. An act authorizing school districts managed by board of edu- cation 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, is hereby repealed. Appeoved May 18, 1905. CHILD LABOR. An Act to regulate the employment of children in the State of Illinois, and to provide for the enforcement thereof. Section 1. Child under Fourteen Years. Be it enacted hy the People of the State of Illinois, represented in the General Assembly: That no child under the age of 14 years shall be employed, permitted or suffered to work at any gainful occupation in any theatre, concert hall or place of amusement where intoxicating liquors are sold, or in any mercantile institution, store, office, hotel, laundry, manufactur- ing establishment, bowling alley, passenger or freight elevator, factory or workshop or as messenger or driver thereof, within this State. That no child under 14 years of age shall be employed at any work performed for wages or other compensation, to whomsoever payable, during any portion of any month when the public schools of any town, township, village or city in which he or she resides are in session, nor be employed at any work before the hour of 7:00 o'clock in the morning or after the hour of 6:00 o'clock in the evening: Pro- vided, that no child shall be allowed to work more than eight hours in any one day. § 2. Register. It shall be the duty of every person, firm or cor- poration, agent or manager of any firm or corporation employing minors over 14 years and under 16 years of age in any mercantile institution, store, office, hotel, laundry, manufacturing establishment, bowling alley, theatre, concert hall or place of amusement, passenger or freight elevator, factory or workshop or as messenger or driver therefor, within this State, to keep a register in said mercantile in- stitution, store, office, hotel, laundry, manufacturing establishment, bowling alley, theatre, concert hall or place of amusement, factory or workshop in which said minors shall be employed or permitted or suffered to work, in which register shall be recorded the name, age and place of residence of every child employed or suffered or per- mitted to work therein, or as messenger or driver therefor, over the age of 14 and under the age of 16 years ; and it shall be unlawful for any person, firm or corporation, agent or manager, of any firm or corporation to hire or employ, or to permit or suffer to work in any mercantile institution, store, office, hotel, laundry, manufacturing establishment, bowling alley, theatre, concert hall or place of amuse- ment, passenger or freight elevator, factory or workshop, or as mes- senger or driver therefor, any child under the age of 16 years and —22 S L 338 over 14 years of age, unless there is first produced and placed on file in such mercantile institution, store, office, hotel, laundry, manufac- turing establishment, bowling alley, factory or workshop, theatre, concert hall or place of amusement, an age and school certificate approved as hereinafter provided. § 3. Wall lists. Every person, firm or corporation, agent or manager of a corporation employing or permitting or suffering to work five or more children under the age of 16 years and over the age of 14 in any mercantile institution, store, office, laundry, hotel, manufacturing establishment, factory or workshop, shall post and keep posted in a conspicuous place in every room in which such help is employed, or permitted or suflPered to work, a list containing the name, age and place of residence of every person under the age of 16 years employed, permitted or suffered to work in such room. § 4. Age and school certificate. No child under 16 years of age and over 14 years of age shall be employed in any mercantile in- stitution, store, office, hotel, laundry, manufacturing establishment, bowling alley, theatre, concert hall, or place of amusement, passenger or freight elevator, factory or workshop, or as messenger or driver therefor, unless there is first produced and placed on file in such mercantile institution, store, office, hotel, laundry, manufacturing establishment, bowling alley, theatre, concert hall or place of amuse- ment, factory or workshop, and accessible to the State factory in- spector, assistant factory inspector or deputy factory inspector, an age and school certificate as hereinafter prescribed; and unless there is kept on file and produced on demand of said inspectors of factories a complete and correct list of all the minors under the age of 16 years so employed who cannot read at sight and write legibly simple sentences, unless such child is attending night school as hereinafter provided. § 5. Age and school certificate — how approved. An age and school certificate shall be approved only by the superintendent of schools, or by a person authorized by him in writing; or where there is no superintendent of schools, by a person authorized by the school board: Provided, that the superintendent or principal of a parochial school shall have the right to approve an age and school certificate and shall have the same rights and powers as the superintendent of public schools to administer the oaths herein provided for children attending parochial schools : Provided, further, that no member of a school board or other person authorized as aforesaid shall have au- thority to approve such certificates of any child then in or about to enter his own establishment, or the employment of a firm or corpora- tion of which he is a member, officer or employe. The person ap- proving these certificates shall have authority to administer the oath provided herein, but no fee shall be charged therefor. It shall be the duty of the school board or local school authorites to designate a place (connected with their offices, when practicable) where certifi- cates shall be issued and recorded, and to establish and maintain the necessary records and clerical service for carrying out the pro- visions of this act. B39 § 6. Peoop of age. An age and school certificate shall not be approved unless satisfactory evidence is furnished by the last school census, the certificate of birth or baptism of such child, the register of birth of such child with a town or city clerk, or by the records of the public or parochial schools, that such child is of the age stated in the certificate: Provided, that in cases arising wherein the above proof is not obtainable, the parent or guardian of the child shall make an oath before the juvenile or county court as to the age of such child, and the court may issue to such child an age certificate as sworn to. § 7. Employment ticket. The age and school certificate of a child under 16 years of age shall not be approved and signed until he presents to the person authorized to approve and sign the name, a school attendance certificate, as hereinafter prescribed, duly filled out and signed. A duplicate of such age and school certificate shall be filled out and shall be forwarded to the State Factory Inspector's office. Any explanatory matter may be permitted with such certificate in the discretion of the school board or superintendent of schools. The employment and the age and school certificates shall be sepa- rately printed and shall be filled out, signed and held or surrendered as indicated in the following forms : SCHOOL CERTIFICATE. (name of school). (city or town and date). This certifies of the , can read and. (name of minor). (grade). write legibly simple sentences. This also certifies that according- to the records of this school, and in my belief, the said was born at (name of minor). (name of cit>' or town). in on and is now '; (name of county). (date). (number of years and months). old. (name of parent or guardian). (residence), (signature of teacher). (grade). correct. (name of principal). (name of school). 340 EVENING SCHOOL ATTENDANCE CEKTIFICATE. (date) This certifies that is registered in and regularly (name of minor) attends the evening school. This also certifies that according to the records of my school and in my belief the said was born at (name of minor) (name of city or town) on the . . . . th day of , and is now (year) (number of years and months) old. (Name of parent or guardian). (Residence.) (Signature of teacher). (Signature of principal). AGE AND SCHOOL CEKTIFICATE. This certifies that I am of (father, mother, custodian or guardian) (name of minor) and that was born at in the (he or she) (name of town or city) and on the (name of county, if known) (state or county of ) (day of birth and and is now . old. year of birth) (number of years and months) (Signature of parent, custodian or guardian). (City or town and date). There personally appeared before me the above named (name of person signing) and made oath that the foregoing certificate by signed is true (him or her) to the best of knowledge. I hereby approve the foregoing cer- (his or her) tificate of , height , weight (name of child) (feet and inches) (pounds) complexion , hair , having no sufficient reason to (fair or dark) (color) doubt that is of the age herein certified. (he or she) Owner of Certificate. This certificate belongs to (name of child in whose and is to be surrendered to whenever behalf it is drawn ) (him or her) leaves the service of the corporation or employer holding the (he orshe) same; but if not claimed by said child within 30 days from such time it shall be returned to the superintendent of schools, or where there is no superin- tendent of schools, to the school board. (Signature of person authorized to approve and sign, with official character authority). (Town or citj?^ and date). Illiteracy. In the case of a child who cannot read at sight and write legibly simple sentences, the certificate shall continue as fol- lows, after the word sentences : "I hereby certify that is regularly attending the (he or she) (name of public or parochial evening school) 341 This certificate shall continue in force jast as long as the regular attendance of said child at said evening school is certified weekly by the teacher and principal of said school. Evening school. In any city or town in which there is no public or parochial evening school, an age and school certificate shall not be approved for a child under the age of sixteen years who can not read at sight and write legibly simple sentences. When the public or parochial evening schools are not in session an age and school certificate shall not be approved for any child who can not read at sight and write legibly simple sentences. The certificate of the principle of a public or parochial school shall be prima facie evi- dence as to the literacy or illiteracy of the child. § 8. Schooling eequieed. No person shall employ any minor over fourteen years of age and under sixteen years, and no parent, guardian or custodian shall permit to be employed any such minor under his control, who cannot read at sight and write legibly simple sentences, while a public evening school is maintained in the town or city in which such minor resides, unless such minor is a reg- ular attendant at such evening school. § 9. Duties of state inspectoes of factoeies. The State In- spector of Factories, his assistants or deputies shall visit all mercan- tile instutions, stores, offices, laundries, manufacturing establishments, bowling alleys, theatres, concert halls or places of amusement, facto- ries or workshops, and all other places where minors are or may be employed, in this State, and ascertain whether any minors are em- ployed contrary to the provisions of this act. Inspectors of factories may require that age and school certificates, and all lists of minors employed in such factories, workshops, mercantile institutions, and all other places where minors are employed as provided for in this act, shall be produced for their inspection on demand. And, pro- vided, further, that upon written complaint to the school board or local school authorities of any city, town, district or municipality, that any minor (whose name shall be given in such complaint) is em- ployed in any mercantile institution, store, office, laundry, manu- facturing establishment, bowling alley, theatre, concert hall or place of amusement, passenger or freight elevator, factory or workshop, or as messenger or driver therefor, contrary to the provisions of this act, it shall be the duty of such school board or local authority to report the same to the State Inspector of Factories. § 10. HouES OF laboe. No person under the age of sixteen years shall be employed or suffered or permitted to work at any gainful occupation more than forty-eight hours in any one week, nor more than eight hours in any one day; or before the hours of seven o'clock in the morning or after the hour of seven o'clock in the evening. Every employer shall post in a conspicuous place in every room where such minors are employed a printed notice stating the hours required of them each day of the week, the hours of com- mencing and stopping work and the hours when the time or times allowed for dinner or for other meals begins and ends. The printed 842 form of such notice shall be furnished by the State Inspector of Fac- tories, and the employment of any such minor for longer time in any day so stated shall be deemed a violation of this section. § 11. Employments foebidden childeen undee sixteen yeaes OF AGE. No child under the age of sixteen years shall be employed at sewing belts, or to assist in sewing belts, in any capacity what- ever; nor shall any child adjust any belt to any machinery; they shall not oil or assist in oiling, wiping or cleaning machinery; they shall not operate or assist in operating circular or band saws, wood- shapers, wood- jointers, planers, sandpaper or wood-polishing machin- ery, emery or polishing wheels used for polishing metal, wood-turn- ing or boring machinery, stamping machines in sheet metal and tin- ware manufacturing, stamping machines in washer and nut factories, operating corrugating rolls, such as are used in roofing factories, nor shall they be employed in operating any passenger or freight eleva- tors, steam boiler, steam machinery, or other steam generating ap- paratus, or as pin boys in any bowling alleys; they shall not operate or assist in operating, dough brakes, or cracker machinery of any description; wire or iron straightening machinery, nor shall they operate or assist in operating rolling mill machinery, punches or shears, washing, grinding or mixing mill or calendar rolls in rubber, manufacturing, nor shall they operate or assist in operating laundry machinery ; nor shall children be employed in any capacity in pre- paring any composition in which dangerous or poisonous acids are used, and they shall not be employed in any capacity in the manu- facture of paints, colors or white lead; nor shall they be employed in any capacity whatever in operating or assisting to operate any pas- senger or freight elevator ; nor shall they be employed in any capac- ity whatever in the manufacture of goods for immoral purposes, or any other employment that may be condsidered dangerous to their lives or limbs, or where their health may be injured or morals de- praved; nor in any theatre, concert hall, or place of amusement wherein intoxicating liquors are sold; nor shall females under sixteen years or age be employed in any capacity where such employment compels them to remain standing constantly. §12. Peima FACIE EVIDENCE OF A child's EMPLOYMENT. The pres- ence of any person under the age of sixteen years in any manufac- turing establishment, factory or workshop, shall constitute prima jade evidence of his or her employment therein. § 13. Enpoecement of the PEOVisioNS OF THIS ACT. It shall be the special duty of the State Factory Inspector to enforce the pro- visions of this act, and to prosecute all violations of the same before any magistrate or any court of competent jurisdiction in this State. It shall be the duty of the State Factory Inspector, assistant State factory inspectors and deputy State factory inspectors, under the supervision and direction of the State Factory Inspector, and they are hereby authorized and empowered to visit and inspect, at all reasonable times, and as often as possible, all places covered by this act. 343 § 14. Penalty. Whoever having under his control a child under the age of sixteen years, permits such child to be employed in viola- tion of the provisions of this act, shall, for each offense, be fined not less than $5.00 nor more than $25.00, and shall stand committed until such fine and costs are paid. A failure to produce to the inspector of factories, his assistants or deputies, any age and school certificates, or lists required by this act, shall constitute a violation of this act, and the person failing, shall, upon conviction, be fined not less than $5.00 nor more than $50.00 for each offense. Every person authorized to sign the certificate prescribed by section 7 of this act, who certifies to any materially false statement therein, shall be deemed guilty of a violation of this act, and upon conviction be fined not less than $5.00 nor more than $100.00 for each offense, and shall stand committed until such fine and costs are paid. Any person, firm or corporation, agent or manager, superintendent or foreman, of any firm or corpora- tion, whether for himself or for such firm or corporation, or by him- self, or through sub-agents or foreman, superintendent or manager, who shall violate or fail to comply with any of the provisions of this act, or shall refuse admittance to premises, or otherwise obstruct the fac- tory inspector, assistant factory inspector, or deputy factory in- spector, in the performance of their duties, as prescribed by this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than $5.00 nor more than $100.00 for each of- fense, and stand committed until such fine and costs are paid. § 15. Repeal. "An act to prevent child labor," approved June 17, 1891, in force July 1, 1891, and all other acts and parts of acts in conflict with this act are hereby repealed. Appeoved May 15, 1903. COMPENSATION OE JUDGES AND CLEEKS. An Act to provide for the compensation of judges and clerks of elec- tion at electio7is at which trustees of schools and school directors are elected under the provisions of an act entitled ^^An act to reg- ulate the holding of elections and declaring the result thereof in cities, villages and incorporated towns in this Staie,^^ approved June 19, 1885. Section 1. Be it enacted by 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 schools 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. § 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 or appertaining to the district for which such director is elected. 344 § 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. Appeoved June 3, 1889. employes' pension fund. An Act to provide for the formation and disbursement of a public school employes'' pension f una in cities having a population ex- ceeding 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 100,000 inhabitants shall have the power, and it shall be their duty, to create a public school employes' pension fund, which shall consist of amounts retained from the salaries or wages of employes, as hereinafter provided which amounts shall be deducted in equal monthly installments from such salaries or wages, at the regular time or times of the pay- ment thereof, and all moneys deiived from any and all other sources whatever. § 2 The term "employe" under this act shall include only engin- eers, janitors and office employes in the employ of said board of edu- cation, earning over $49.00 per month, and this act shall apply only to those employes who voluntarily accept and agree to comply with its provisions. Any employ^, a part of whose salary may be set apart hereafter to provide for the fund created by this act, may be released from the necessity of making further payments to said fund, by filing a written notice of his or her desire to withdraw from com- plying with the provisions of this act, with the board of trustees hereinafter mentioned, which said resignation shall operate and go into effect immediately upon its receipt by said board of trustees. § 3. The city treasurer, subject to the control and direction of the board of trustees hereinafter mentioned, shall be the custodian of said pension fund, and shall secure and safely keep the same, as well as all funds in his possession heretofore contributed under the pro- visions of any law relating to the retirement or pensioning of iDublic school employes, and shall keep books and accounts concerning said fund, in such manner as may be prescribed by said board of trustees, which said books and accounts shall always be subject to the inspection of said board of trustees, or of any member thereof. The city treasurer shall, within ten days after his election or ap- pointment, execute a bond to the city, with good and sufficient sure- ties, in which penal sum as the said board of trustees shall direct, w^hich said bond shall be approved by the said board of trustees, and shall be conditioned for the faithful performance of the duties of said office, and that he will safely keep and well and truly account for all moneys belonging to said pension fund, and all interest thereon, which may come into his hands as such treasurer, and that upon the expiration of his term of office, or upon his retirement therefrom for any cause, he will surrender and deliver over to his successor, all unexpended moneys, with such interest as he may have 345 received thereon; and all property whicli may have come into his hands as treasurer of said pension fund. Such bond shall be filed in the office of the clerk of said city, and in case of a breech of the same, or the conditions thereof, suit may be brought on the same in the name of the said city for the use of said board of trustees, or of any person or persons injured by such breech. § 4. The board of education shall, in the month of September immediately following the passage of this act, arrange for the elec- tion of a board of trustees of said pension fund, composed of six members, to be chosen as hereinafter provided, which election shall be held not later than October 80, of the same year. Said board of trustees shall have power, and it shall be its duty, to administer said fund and to carry out the provisions of this act, and for the purpose of enabling such board of trustees to perform the duties imposed and exercise the powers granted by this act, the board of trustees shall be, and is hereby declared to be, a body politic and corporate. § 5. The said board of trustees shall consist of the president and secretary of the board of education and four employes contributing to said fund. The president and secretary of the board of education shall be ex officio members of said board of trustees; and the other members shall be elected by ballot by the employes contributing to said fund, at the time and for the terms respectively as follows, to- wit: At the first election the contributors of said fund shall elect two of their number to serv"e for the term of one year, and two to serve for the term of two years, and annually thereafter said contributors shall elect two of their number to hold office for the term of two years. § 6. Whenever any elective member of the board of trustees shall cease to be in the employ of said board of education his or her mem- bership in said board of trustees shall cease. Said board of trustees shall have power and it shall be its duty: (1) To determine the amount which shall be deducted from the salaries or wages paid to employes for the benefit of said pension fund: Provided, the amount of such deduction shall not be less than twelve dollars nor more than forty-eight dollars per year, for each employe : And, provided, further, that no deduction shall be made from the salary or wages of any employe who received less than forty-nine dollars per month, nor shall any one who receives a salary of not less than forty-nine dollars per month participate in said fund. (2) To make all payments from said pension fund, pursuant to the provisions of this act. (3) To administer and invest in their discretion any part of the said pension fund remaining in the hands of said treasurer. (4) To pay all necessary expenses in connection with the admin- istration of said fund and carrying out the provisions of this act for which provision is not otherwise made. (5) To determine the amount to be paid as benefits or annuities under this act and to increase or reduce the same in their discretion: Provided, that no benefit or annuity shall exceed six hundred dollars per year. 346 (6) To take by gift, grant or bequest, or otherwise|any money or property of any kind, and hold the same for the benefit of said fund. (7) To purchase, hold, sell or assign and transfer any of the securities in which said fund, or any part thereof, may be invested. (8) To exempt any of said employes from the operation of this act, whenever in their judgment, the interest of said fund shall render such exemption necessary and advisable. (9) To fill any vacancy or vacancies in said board of trustees until the next annual election, as hereinbefore jDrovided. (10) To make and establish all such rules for the transaction of their business, and such other rules, regulations and by-laws as may be necessary for the proper administration of said fund committed to their charge, and the performance of the duties imposed upon them. (11) They shall keep a full and complete record of their meetings and of the receipts and disbursements on account of such fund, and also complete lists of all contributors to said fund, and of all an- nuitants receiving benefits therefrom, and such other records as in their judgment shall seem necessary, and shall make and publish an- nually a full and complete statement of their financial transactions. (12) Said board shall hear and determine all applications for benefits under this act, and shall have power to suspend any annuity whenever, in their judgment, the disability of such beneficiary has ceased, or for other good cause. (13) To compromise, settle or liquidate any claim against said fund, by surrendering the contribution or contributions of any indi- vidual or individuals, and make the necessary rules, prescribing the terms under which such settlements may be made, providing there shall be no rule .allowing restitution of deductions from salaries after the contributor shall have become eligible to an annuity under this act. § 7. Any contributor to said fund who shall have attained the age of fifty-five years, and shall have been in the service of said board of education for a period of ten years, and shall have contributed to said fund for the same period, shall have the right to retire and become a beneficiary under this act and to receive such benefit or annnitv from said fund as shall be determined by said board of trustees, which said benefit or annuity shall be proportionate to the amount of the con- tributions of such employe. § 8. Upon the death of any contributor, who is not nor has been a beneficiary under this act, the said board of trustees may pay an amount not exceeding one year's benefits to the widow, if any, of such deceased contributor, and if there be no widow said board of trustees may expend said amount for the benefit of the minor children, if any, of such deceased contributor. § 9. Any employe who has heretofore retired from service, pur- suant to the provisions of an act entitled "An act to provide for the formation and disbursement of a public school teachers' and public school employes pension and retirement fund in cities having a pop- ulation exceeding one hundred thousand inhabitants," approved May 31, 1895, in force July 1, 1895, and has contributed to the fund created 347 by said last mentioned act, shall be entitled to such portion of the full annuity provided for under this act as the board of trustees may determine. § 10. All sums heretofore contributed by employes under the pro- visions of an act entitled "An act to provide for the formation and disbursement of a public school teachers' and public school employes' pension and retirement fund in cities having a population exceeding one hundred thousand inhabitants," approved May 31, 1895, in force July 1, 1895, shall be set apart and held by said city treasurer as a part of the fund created by this act, and subject to the provisions of this act. § 11 Any person who has been an employ^ of said board of education for a period of 20 years or more, and is a contributor to said fund, may retire from the service of said board of education upon 60 day's notice to be given to said board of trustees (unless such notice is waived by said board of trustees) and become an an- nuitant under this act. § 12. Any person who has contributed to said fund for a period of ten years or more may retire from the service of said board of education on account of serious disability, rendering him or her un- able to properly discharge his or her duties, upon one year's notice to be given to said board of trustees (unless such notice is waived by said board of trustees) and may become an annuitant under this act, and shall thereupon be entitled to receive for a period of two years (which may be extended upon proof of continued disability), such part of the annuity then allowed under the rules of said trus- tees, as said trustees may determine. § 13. Any employe who has been contributing to said fund for less than ten years, and who shall be dismissed or resign from the service of said board of education, may, upon application made within three months after the date of such dismissal or resignation, receive one-half of. the total amount paid into said fund by such person so dismissed. § 14. The president and secretary of the board of education shall certify monthly to the treasurer of all amounts deducted in accord- ance with the provisions of this act from the salaries paid by the board of education, which amounts as well as all other sums contrib- uted to said fund under the provisions of this act, shall be set apart and held by said treasurer for the purpose hereinbefore specified, subject to the order of said board of trustees, and shall be paid out upon warrants signed by the president and secretary of said board of trustees. § 15. All annuitiss granted under the provisions of this act shall be exempt from attachment and garnishment process, and no annui- tant shall have the right to transfer or assign his or her annuity, either by way of mortgage or otherwise. § 16. All elections or appointments of employes by said board of education shall be made pursuant to the provisions of an act entitled "An act to regulate the civil service of cities," approved and in force March 20, 1895, such election or appointment to be permanent during 348 efficiency and good behavior, and no employ^ who has contributed to said fund shall be removed or discharged, except for cause, upon written charges, which shall be investigated and determined by the board of education, whose action and decision in the matter shall be final, § 17. Any person who shall directly or indirectly, avoid or seek to avoid any or all of the provisions of this act, or who shall, directly or indirectly, interfere with or obstruct the enforcement of any of the provisions of this act, shall be guilty of a misdemeanor, and shall on conviction thereof be punished by a fine of not less than fifty dollars and not exceeding one thousand dollars, or by imprisonment in the county jail for a term not exceeding six months, or both such fine or imprisonment in the discretion of the court. § 18. All laws and parts of laws which are inconsistent with this act, or any provisions thereof, are hereby repealed. Appeoved May 15, 1903. FEES AND SALAEIES. An Act to amend section 27 of an act entitled, ^^An act concerning fees and salaries and to classify the several counties of this State with reference thereto,''^ approved March 29, 1872, in force July 1, 1872, title as amended by act approved March 28, 1874, in force July 1, 1874. Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That section 27 of an act entitled, "An act concerning fees and salaries and to classify the counties of this State with reference thereto," approved March 29, 1872, in force July 1, 1872, title as amended by act approved March 28, 1874, in force July 1, 1874, be, and the same is hereby amended so as to read as follows: § 27. County superintendents elected hereafter shall receive in full for all services rendered by them, in counties of the first class, twelve hundred and fifty dollars per annum ; in counties of the second class, sixteen hundred and fifty dollars per annum; in counties of the third class, seventy- five hundred dollars i3er annum; payable quar- terly from the State school fund: Provided, however, that the board of supervisors or board of county commissioners maj^ allow addi- tional compensation for such services, payable quarterly from the county treasury. The 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 preceding apportion- ment of the State school fund. Appeoved May 17, 1905. 349 FLAGS. 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. 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 4x8 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 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 8:00 o'clock a. m. to 5:00 o'clock p. m. on each and every legal holi- day 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 10x20 feet in size, and cause the same to be unfurled and kept floating above the said penal and reformatory, State educational and State charit- able institutions, or on a suitable flag pole from 8:00 o'clock a. m. to 5:00 o'clock p. m. on each and every legal holiday in the year, and on such other days as the commissioners or trustees may determine. § 3. 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 4x8 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 deter- mine: 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 materi- ally 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 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 respective counties or school districts. 350 § 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 $1.00 nor more than $15.00. § 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. Appeoved June 2, 1897. HIGH SCHOOL DISTEICTS. An act to authorize the organization of high school districts. Section 1. Be it enacted hy the People of the State of Illinois represented in the General Assembly : When any school township not constituting the whole or any part of a township high school dis- trict shall contain a school district having a population of not less than eight thousand (8,000) and not over one hundred thousand (100,000) inhabitants, whether such school district is acting under the general school law or organized and acting under a special charter, such school township may become organized as a high school district by submitting the question of such organization to a vote of the peo- ple of such township at a special election to be called and held in the following manner, to- wit: Upon a petition of not less than fifty (50) legal voters of any such school township, filed with the county sup- erintendent of schools of the county wherein such township or the greater part thereof may be situated, he shall within ten days there- after notify the voters of said township that an election "For" or "Against" a high school district in said township will be held at the usual place or places of holding elections in said township for the election of trustees of schools, 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 : High School,|Distkict Electioist. 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 establish a high school district in and for the benefit of tov^^nship No Range No. . . . The polls of said election will be open at o'clock and close at o'clock of said day. County Suverintendent of Schools of County. Such election shall be held within twenty days after the filing of said petition and shall be conducted and the ballots cast thereat shall be canvassed and the returns thereof made to said county superin- 351 tendent of schools as and within the time and the manner provided for election of school trustees in and by article three (3) of an act of the General Assembly of the State of Illinois entitled "An act to establish and maintain a system of free schools," approved May 21, 1889, and the amendments thereto, and if a majority of the votes cast at such election shall be found to be in favor of a high school district such township shall constitute a school district under this act for high school purposes. § 2. The members of the board of education of such school dis- trict so containing not less than eight thousand (8,000) inhabitants together with such additional members to be selected from the re- spective boards of directors or boards of education, as the case may be, of the several other school districts situated within such school township as may be determined upon, shall constitute the board of education of such high school district, and such board, when chosen, organized and qualified, shall have the powers and discharge the duties respectively of the board of education of said school district in such township having over eight thousand (8,000) inhabitants. § 3. The county superintendent of schools of the county wherein such township or the greater part thereof shall be situated, shall within ten days after the returns of such election shall have been made to him, determine the number of members of the board of edu- cation of such high school district to be chosen from the respective boards of the several school districts in such school township in the following manner, to-wit : He shall first obtain a ratio of representa- tion by dividing the number of persons under twenty-one years of age residing in such school district containing over eight thousand (8.000) inhabitants as ascertained by the last preceding enumeration, by the full number of members constituting the board of education thereof and then assign to each of the other districts in such town- ship one member of such board for each time such ratio may be con- tained in the respective number of such persons under the age of twenty-one years residing in each of such other districts as ascer- tained as aforesaid: Provided, however, that in case the total num- ber of such members determined in the manner aforesaid shall exceed fifteen, then the said superintendent shall divide the entire number of such persons under the age of twenty-one years residing in such township by fifteen (15) and thereby obtain a new ratio and then make an apportionment between all the primary school districts in such school township, upon the basis of such new ratio, assigning one member for every time such ratio shall be contained in the number of such persons residing in each of such districts respectively, and one member for the largest fractions of such ratio, if necessary, to make the total number equal to fifteen, and within three days thereafter said superintendent shall notify the president of each of the said boards of said primary school districts of the result of such appor- tionment and that said boards must make a selection of the number of members of said high school board of education, each of their re- spective school districts shall be entitled to. When ten days after such notice shall have been given, the said respective boards of the primary school districts in such township shall meet upon a call of 352 the president thereof and elect by ballot the number of members of said high school district, such primary school districts may be en- titled to respectively, and the president and secretary of said boards shall certify the result of such election in writing to the said county superintendent within three days thereafter, and thereupon the said county superintendent shall appoint a meeting of the several persons so chosen, for the purpose of organization, and give each person so chosen, notice by mail postpaid of such meeting and the time and place thereof. § 4. Said board shall organize by appointing one of their number president and some person who shall not be a member of such board but who shall be a resident of such high school district, treasurer, who shall be ex officio clerk of such board: Provided, that this board may, by a resolution to be adopted by a two-thirds vote of all the members thereof, determine to elect one of its own members sec- retary and fix his compensation and the term of his ofiice, and by a like resolution, said board shall determine when the term of office of the president and treasurer shall commence. The treasurer shall execute a like bond to the board of education in the same manner with like sureties and with the same force and effect as the bonds which are required to be given by township treasurers in and by arti- cle four (4) of said act, and shall exercise the power and discharge the duties of his office in the same manner, as near as may be, as is required by such township treasurers and shall hold his office for one year and until his successor is appointed and qualified, but may be removed by the board for good and sufficient cause. § 5. The president shall hold his office for one year and until his successor shall be appointed, but he may be removed by the board for good and sufficient cause. It shall be his duty to preside at all meetings 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 that purpose all of their official proceedings, which book shall be a public record, open to the inspection of any person inter- ested therein. All of said proceedings when recorded shall be signed by the 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. § 6. For the purpose of building school houses, supporting schools and paying other necessary expenses, the townships for the benefit of which high school district may be established under the provisions of this act, shall be regarded as school districts and the board of education thereof shall have power and authority to levy a tax annually upon all the taxable property of such high school dis- trict of one-half the amount which boards of education of township high schools organized and acting under the provisions of sections 38, 39, 40, 41 and 42 of article three (3) of said act, now have power and authority to raise. It shall be the duty of such high school board of education to establish at some central point most convenient 853 to a majority of the pupils of the district, a high school for the edu- cation of the more advanced pupils and said board may establish and maintain a manual training department and a domestic science department. § 7. High school districts organized under the provisions of this act may borrow money and issue bonds therefor for the purposes and in the manner authorized and provided in and by an act entitled, "An act to authorize the certain school districts to issue bonds for certain purposes," approved May 10, 1901: Provided, however, that the amount so borrowed shall not exceed three-fourths the amount authorized by said act. § 8. One or more school districts adjoining any high school dis- trict organized and existing under this act may be annexed to such high school district and become a part thereof by a joint resolution or resolutions to be adopted by a vote of a majority of all the mem- bers of the board of directors or board of education of the district or districts so to be annexed, and by a majority vote of all the members constituting the said board of education of such high school district, which joint resolution or resolutions shall set forth specifically the terms and conditions of such annexation, and shall provide that such district or districts so to be annexed shall contribute such amount as may be agreed upon toward the cost of any school house or school house lot or other such school property owned by such high school district at the time of such annexation, which amount or amounts so agreed upon and fixed, shall be raised by the respective boards of the district or districts so being annexed in the same manner as such district might have raised a like amount for the purpose of building school houses therein, and when so raised, the same shall be used to pay any existing indebtedness theretofore incurred by such high school district, in the manner to be determined upon by said board: Provided, hoivever, that before any such resolution for the annexa- tion of any such district or districts shall take effect and be in force, the question of the adoption of the same shall be submitted to the legal voters of such said high school district and of the districts pro- posed to be annexed at elections to be called and held in the same manner as elections for township high schools under sections 38, 39 and 40 of article three (3) of the act mentioned in the first section of this act, and a majority of the votes cast in each district at such elections shall be required in order to adopt such resolution. Approved May 12, 1905. KINDEEGAETEN 8CH00LS. An Act authorizing school districts managed hy hoards of education and directors to establish and maintain kindergarten schools. Section 1. Be it enacted hy the People, of the State of Illinois, represented in the General Assembly: That in addition to other grades or departments now established and maintained in 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 —23 S L 354 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 9 of an act entitled, "An act to establish and maintain a system of free schools," approved and in force May 21, 1889, to estab- 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. MANUAL TRAINING IN HIGH SCHOOLS. An Act to provide for the establishment and maintenance of manual training departments for high schools. Section 1. Be it enacted by 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 the town- ship treasurer at least fifteen days preceding the regular election of members of the board of education for said high school district, 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 : 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 manual training department for the high school in township No , range No. .... The polls of 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 such election. § 3. If a majority of the votes cast at such election shall be in favor of establishing a maniial 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. Approved June 3, 1897. 355 NUMBEEING SCHOOL DISTEICTS. An Act to provide for numbering consecutively all school districts in each county in the State, and for numbering school districts ivhich lie in two or more counties. Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly : That all school districts shall be numbered consecutively in each county, beginning with number one, and each shall be designated as school district number county of and State of Illinois, and such designation shall be for all i)urposes for which school districts are now designated by number, township and range, or otherwise; and when any district lies in two or more townships or ranges, or in two or more counties, such district, as a whole, shall have only one number in the consecu- tive list. § 2. It shall be the duty of the county superintendent of schools to prepare a map of his county on a scale of not less than two inches to the mile, and to clearly indicate thereon the boundary lines of all school districts, as established, and to plainly number such districts in consecutive order; and in case of districts composed of parts of two or more counties, the county superintendents of such counties shall agree upon the number to be given such districts, which shall not be a duplicate of any number in either of such counties. § 8. The county superintendent shall furnish to township school treasurers a list of districts in his township, giving the former num- ber of the respective districts and the consecutive number thereof, as made upon the map of the county, and the county superintendent shall be authorized to demand of the board of trustees of townships, certified copies of maps and records of school districts, as organized; and in case of discrepancies or defects in defining the boundaries of school districts, the county superintendent or superintendents of two or more counties, in case of districts in two or more counties, acting jointly, shall be authorized to define such boundaries to conform to what may appear to have been the intention of the trustees when such boundaries were established; and when so defined by the county superintendent or superintendents", acting jointly for two or more counties, such boundaries, so defined, shall stand until changed, as provided by law. § 4. The county clerk of each county shall number the school dis- tricts on the maps in his office to correspond with the numbers of districts as established by this act, and shall use such numbers in computing and reporting school taxes, as required by law. Assessors shall return their assessments of each person's assessment of per- sonal property by such consecutive numbers. § 5. All acts or j)ai"ts of acts in conflict herewith are hereby re- pealed. Appeoved May 10, 1901. 356 PAEENTAL SCHOOLS. An Act to enable boards of educationor hoards 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. § 8. 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; that the board of education shall make suitable regulations 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 for attendance at public service else- where. § 5. It shall be the duty of the 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 i^arental or truant school. Such petition shall be veri- fied 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 357 the application in said petition contained. Bnt 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 committed 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 by the board of education, and such board may have an action against such parent or guardian of said child to recover the cost 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 regula- tions 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 persons 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 358 or she was released upon parole, lie 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 tbe 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 author- ity 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 shall have like power in their respective cities as herebefore [herein- before] expressed: Provided, that no board of trustees or board or 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. PHYSIOLOGY AND HYGIENE, An Act relating to the study of physiology and hygiene in the pub- lic schools. Section 1. Be it enacted by the People of the State of Illinois, 7'epresented in the General Assembly : 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 reformatory institutions. All pupils in the above mentioned schools, below the second year of the high schools and above the third year of school work, computing from the beginning of the lowest primary year, or in corresponding 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. In all schools above 359 mentioned all pupils in the lowest three primary school years, or in corresponding classes in ungraded schools, shall each year be in- structed 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 author- ities shall provide needed facilities and definite time and place for this branch in the regular courses of study. The text books in the pupils' hands shall be graded to the capacity of the fourth year, interme- diate, 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 stu- dents 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 teachers' 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 offi- cers 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 no rmore than twenty five dollars. Appeoved June 9, 1897. SCHOOL ATTENDANCE. An Act to promote attendance of children in schools and to prevent truancy. Section 1. Be it enacted hy the People of the State of Illinois, represented in the General Assembly ; Every person having control of any child between the ages of seven (7) and fourteen (14) years shall annually cause such child to attend some public or private school for the entire time during which the school attended is in session, which period shall not be less than 110 days of actual teach- ing: 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 in the elementary branches of education by a person or persons competent to give such instruction, or whose X^hysical or mental condition renders his or her attendance impracti- cable or inexpedient, or who is excused for temporary absence for cause by the principal or teacher in charge of the school which said child attends. (As amended by act approved May 13, 1903.) § 2. For every neglect of such duty prescribed by section 1 of this act, the person so offending shall forfeit to the use of the public schools of the city, town or district in which such child resides, a sum not less than five dollars ($5) nor more than twenty dollars mo ($20) and costs of suit, and shall stand committed until such fine and costs of suit are fully paid. (As amended by act approved May 18, iy03 ) § 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 viola- tions of this act to said board of education or board of directors and to enter complaint against and prosecute all persons who shall 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 occupation, 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 having made arrangements for the reception of said child in the school so desig- nated, 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 anj^ 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 false statement con- cerning the age of the child, or the time such child has attended school, shall for such offense forfeit a sum of not less than three dol- lars ($3) nor more than twenty dollars ($20) for the use of the public schools in such city, town, village or district. (As amended by act approved May 13, 1903.) § 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. Appeoved June 11, 1897. 361 STATE teachers' ASSOCIATION. An Act to authorize the Secretary of State to print the ])roceedings of the State Teachers^ Association. Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That the Secretary of State is hereby authorized and empowered to have the proceedings of the Illinois State Teachers' Association printed and bound on the same terms as the proceedings of other State boards are printed. § 2. It shall be the duty of the State Superintendent of Public Instruction to approve the manuscript of said proceedings before it is placed in the hands of the Secretary of State to be printed. § 3 It is hereby made the duty of the Auditor of Public Ac- counts to draw his warrant on the State Treasurer, to be paid out of the appropriation for printing, upon a voucher properly certified to by the board of Commissioners of State Contracts. Approved May 11, 1901. teachers' pension fund. 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 Illiijois, represented in the General Assembly : That the board of education in cities having a population exceeding 100,000 inhabitants, 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 1 per cent per annum of the respect- ive 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 employe, a part of whose salary is now or may hereafter be set apart to iDrovide for the fund herein created by this act, may be releasfd 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 this act, with said board of trustees, which said resignation shall operate and go into efPect immediately upon its receipt by said board of trustees. (As amended by act approved May 11, 1901.) 362 § 2. The board of education, together with the superintendent of schools, and two representatives to be selected annually by the teachers and employes of the public schools under control of said board, shall form a board of trustees, a majority of whom shall deter- mine 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 21, 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 em- ploye 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 bene- ficiary within the limits of the municipality where said board of education has jurisdiction. § 4. Each teacher and school employe so retired or retiring shall thereafter be entitled to receive as an annuity one-half of the annual salary paid to said teacher or employe 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 annui- ties 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 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 education, superintendent of schools, and two representatives, as aforesaid, and shall be paid upon warrants signed by the president and secretary of said board of education. 363 § 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 sub- ject to the inspection of the said board or any member thereof. The treasurer shall, within ten days after his election or appointment, execute a bond to the city, with good and sufficient securities, in such penal sum as the 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 come into his hands 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 employ^ 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 shall be final. If at any time a teacher or school emjsloye who is willing to continue is not re-employed or is discharged before the time when he or she would under the provisions of this act be enti- tled to a pension, then such teacher or school employe shall be paid back at once all the money, with interest, he or she may have con- tributed under the law. Approved May 21, 1895. 1. The board of education has sole power to investigate ard determine charges ag-ainst teachers and school employes involving their removal, but the civil service act of 1895 applies, in all other respects, to oiSces and places of employment under such board. Brenan v. The People, 176-620. WOMAN SUFFEAGE. An Act to entitle women to vote at any election held for- the pu7'pose of choosing any officer under the general or sp>ecial school lav)s of (his State. Section 1. Be it enacted hy the People of the State of Illinois, represented in the General AssemMy : Any woman of the age of 21 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 90 days, and in the election district 30 days preceding any election held for the purpose of choosing any officer of schools under the general or special school laws of this State, shall be entited to vote in such election in the school district of which she shall at the time have been for 30 days a 364 resident: Provided, any woman so desirous of voting at any sncli election shall have been registered in the same manner as provided for the registration of male voters. 1. The act of 1891 authorizing- women to vote at school elections adopts only such of the qualifications prescribed for electors in section 1, article 7 of the Constitution of 1870 as require such electors to be citizens of the United States above the ag-e of 31 years. Dorsey v. Brigham, 177-350. 3. Women who have not resided in the county 90 days before an election for school officers, or who are under the age of 31 years at the time of such election, are not legal voters. Ibid. 3. A woman who has resided in the county less than 90 days before an election for school officers is not entitled to vote although her husband has been such resident for the full period, as, while the husband's domicile is constructively the wife's actual residence is necessary. Ibid. 4. An alien wliose husband has declared his intention to become a citizen of the United States, but who is not yet entitled to receive his naturalization papers, is not entitled to vote at an election for school officers. Ibid. 5. Women above the age of twenty-one years are entitled to vote at an election of president and members of a board of education. Acherman v. Haenck, 147-514. 6. A woman under the age of twenty-one is not entitled to vote at a school election. Collier v. Anlicker, 189-34. 7. The statutory requirements of residence of one year in the State, ninety days in the county and thirty days in the election district apply to women voting at school elections. Ibid. 8. Women who have not resided in the county where a school district is situated, for ninety days preceding the election for school director are not entitled to vote. Ibid. 9. The act to entitle v^^omen to vote at any election held for the purpose of choosing any officer under the general or special school laws of this State, approved June 19, 1891, is held to authorize women to vote at any election for school officers, except that of superintendent of public instruction and the county superintendent of schools. People v. English, 139-633; Plummer v. Yost, 144-68. 10. The obvious purpose of this act was to permit women to vote for school officers, and caution was used to prevent their voting to fill other offices which might be included on the ballots cast by men at the same election. It ia ti-ue the act does not in express terms forbid women voting on a proposi- tion submitted at said election, but neither does it expressly or by any fair implication permit them to do so. The sole purpose of this act was to per- mit women to vote for school officers. People v Welsh, 70A-641. § 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 women 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. Appeoved June 19, 1891. 365 APPENDIX. UNIVERSITY OF ILLINOIS. An Act to change the name of the Illinois Industrial University . Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly : That the Illinois Industrial University, located at Urbana, in Champaign county, shall, after the passage of this act, be known as the University of Illinois, and under that name and title shall have, iwssess, be seized of and exercise all rights, privileges, franchises and estates which have hitherto be- longed to, or may hereafter inure to, the said Illinois Industrial Uni- versity. Approved June 19, 1885. 1. The University of Illinois is not exempt from suit on the ground that it is a mere agency of the State, as its charter expressly provides that it may sue and be sued, plead and be impleaded. University of Illinois v. Briiner, 175-307; University of Illinois v. Brimrr, 66A-685, athrmed. 2. A contract whereby one agrees to teach in an institution of learning at a fixed salary a year cannot be said, as a matter of law, to give that institution the exlcusive right to the teacher's services for the full twelve months in the absence of any showing that such was the understanding. Ibid. university scholarships. An Act to provide for scholarships in the University of Illinois. Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly : That in order to equalize the advantages of the University of Illinois, there shall be awarded, annually, to each county, one scholarship, which shall entitle the holder thereof to gratuitous instruction in the University of Illinois, for a period of four years. § 2. The county superintendent shall receive and register the names of all applicants for such scholarships, and shall hold an exam- ination on the first Saturday of J une of each year, according to rules and regulations prescribed by the president of the University and the student found to possess the highest qualifications shall be entitled to such scholarship: Provided, however^ that every applicant shall be at least sixteen years of age, and a resident in the county of which such examination is held: And, provided^ further, that no student who has attended the University of Illinois shall be eligible to such examination. 866 § 3 The county superintendent shall return to the president of the University within ten days after such examination a list of the names of all applicants examined, the grades obtained, together v/ith the examination papers submitted by them; and the president of the University shall issue to the successful applicant a certificate of scholarship as directed by the provisions of this act : Provided, how- ever, that where no return is made from any county, the president of the University may assign to that county from some other county the student found to possess the next highest qualifications. § 4. In addition to the scholarships provided for in section one, each member of the General Assembly is authorized to nominate and appoint, annually, one person of school age and otherwise eligible, from his district, who shall, by virtue of his appointment receive a certifi- cate of scholarship in the University. Each member of the General Assembly shall file with the president of the University on or before the first Saturday in June, the name and address of the student nom- inated by him to receive such scholarship. The candidate for such scholarship shall present himself for examination before the county superintendent in the county where such student resides, at the time stated in section two for the competitive examination. The president of the University shall prescribe the rules and regulations governing such examination: Provided, that in case the person named fails to pass the required examination for admission, then the president of said University shall at once notify the member making the appoint- ment, who may name another person for such scholarship: And, pro- vided, further, that if the member of the General Assembly shall so elect, the scholarship under his control may be awarded by competi- tive examination conducted under like rules as prescribed in section two of this act. § 5. Any scholarship issued under the provisions of this act shall exempt the holder from the payment of tuition, or any matriculation, term or incidental fee whatsoever, except for purchase of laboratory supplies and similar fees for supplies and materials. Provided, how- ever, that such student shall be subject to all examinations, rules and requirements of the board of trustees and faculty, except as herein directed: And, provided, further, that the privileges of these scholar- ships shall not be available in the i)rofessional schools and colleges of the University. And, provided, further, that this act shall not be construed to prohibit the board of trustees from granting other schol- arships. § 6. Any student holding a scholarship, 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 funds to defray his ex- penses while in attendance, may be granted such leave of absence, and may be allowed a period not to exceed six years to complete his course at the University. § 7. An act to provide for State scholarships in the University of Illinois, and in the manner of awarding the same, approved June 24, 1895, is hereby repealed. Appeoved May 12, 1905. 367 NORMAL UNIVEESITY. An Act for the establishment and maintenance of a Normal Uni- versity. Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly : That 0. B. Denio of Jo Da- viess county, Simeon Wright of Lee county, Daniel Wilkins of Mc- Lean county, C. E. Hoyey of Peoria county, George B. Rex of Pike county, Samuel W. Moulton of Shelby county, John Gillespie of Jas- per county, George Bunsen of St. Clair county, Wesley Sloan of Pope county, Ninian W. Edwards of Sangamon county, John Eden of Moultrie county, Flavel Mosley of Cook county, William H. Wells of Cook county, Albert R. Shannon of White county, and the Superin- tendent of Public Instruction, ex officio, with their associates, who shall be elected as herein provided, and their successors are hereby created a body corporate and politic, to be styled the "Board of Edu- cation of the State of Illinois," and by that name and style shall have perpetual succession, and have power to contract and be contracted with, t6 sue and be sued, to plead and be impleaded, to acquire, hold and convey real and personal property; to have and use a common seal, and to alter the same at pleasure; to make and establish by-laws and alter or repeal the same as they shall deem necessary for the gov- ernment of the normal university hereby authorized to be established, or any of its departments, officers, students or employes, not in con- flict with the Constitution and laws of this State or of the United States; and to have and exercise all powers, and be subject to all duties usual and incident to trustees of corporations. § 2. The Superintendent of Public Instruction, by virtue of his office, shall be a member and secretary of said board, and shall report to the legislature at its regular sessions the conditions and expendi- tures of said normal university, and communicate such further in- formation as the said board of education or the legislature may direct. § 3. No member of the board of education shall receive any com- pensation for attendance on the meetings of the board, except his necessary traveling expenses, which shall be paid in the same man- ner as the instructors employed in the said normal university shall be paid. At all the stated and other meetings of the board, called by the president and secretary, or any five members of the board, five members shall constitute a quorum, provided all shall have been duly notified. § 4. The objects of the said normal university shall be to qualify teachers for the common schools of this State, by imparting instruc- tion in the art of teaching, and in all branches of study which pertain to a common school education; in the elements of the natural 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. 368 1. Normal schools are public institutions, which the State has a rig-ht to establish and maintain. The purpose of their establishment is to advance the public school system and create a body of teachers better qualified for the purpose of carrying out the policy of the State with reference to free schools, and provide for a more thorough and efficient system of schools, whereby all the children of this State may receive a good common school education. Boehm v. Hertz, 182-154. § 5. The board of education shall hold its first meeting at the office of the Superintendent of Public Instruction, on the first Tues- day in May next, at which meeting they shall appoint an agent, fix- ing his compensation, who shall visit the cities, villages and other places in the State, which may be deemed eligible for the purpose, to receive donations and proposals for the establishment and mainte- nance of the normal university. The board shall have power, and it shall be their duty to fix the permanent location of said normal university, at the place where the most favorable inducements are offered for that purpose: Provided, that such location shall not be difficult of access, or detrimental to the welfare and prosperity of said normal university. § 6. The board of education shall appoint a principal, lecturer on scientific subjects, instructors and instructresses, together with such other officers as shall be required in the said normal university; 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 anj'^ 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 university, and provide the same; and shall make all regulations necessary for its management. And the said board shall have power to recognize auxiliary institutions when deemed practicable: Pro- vided, that such auxiliary institutions shall not receive any appropri- tion from the treasury, or the seminary or university fund. ******* § 8. The interest of the university and seminary fund, or such part thereof as may be found necessary, shall be and is hereby ap- propriated for the maintenance of said normal university, and shall be paid on the order of the Board of Education from the treasury of the State, but in no case shall any part of the interest of said fund be applied to the purchase of sites, or for buildings for said uni- versity. § 9. The board shall have power to appropriate the one thousand dollars received from the Messrs. Merriam, of Springfield, Massachu- setts, by the late superintendent, to the purchase of apparatus for the use of the normal university, when established, and hereafter all gifts, grants and demises which may be made to the said normal uni- versity shall be applied in accordance with the wishes of the donors of the same. § 10. The board of corporators herein named, and their succes- sors, shall each of them hold their office for the term of six years: Provided, that at the first meeting of said board the said corporators shall determine by lot, so that one-third shall hold their office for two 369 years, one-third for four years, and one-third for six years. The Gov- ernor, by and with the advice and consent of the Senate, shall fill all vacancies which shall, at any time, occur in said board, by appoint- ment of suitable persons to fill the same. § 11. At the first meeting of the board, and at each biennial meeting thereafter, it shall be the duty of said board to elect one of their number president, who shall serve until the next biennial meet- ing of the board, and until his successor is elected. § 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. § VS. This act shall take effect on and after its passage, and be published and distributed as an appendix to tTie school law. Approved Feb. 18, 1857. SOUTHEEN ILLINOIS NOEMAL UNIVEESITY. 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 corporate 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 the laws 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 natural sciences, including agricultural chemistry, animal and vege- table 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. 1. A normal university enters into our plan of education, wherein teach- ers of our youth shall be taught how best and most efEeetually to discharge their duty. Burr v. Carbondale, 76-455. § 3. The powers of said corporation shall be vested in, and its duties performed by, a board of trustees, not exceeding five in num- ber, to be appointed as hereinafter provided. —24 S L 370 § 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 appointed 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. § 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, officer, 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 to 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 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 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 371 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 raihoad, with a view of obtaining a good supply of water and other conveni- ences for the use of the institution. § 1] . Upon the selection and securing of the land aforesaid, the trustees shall proceed to contiact 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 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 accommodate not exceeding 300 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 tire-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 lire originating in any one of them. The board shall appoint an honest, 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 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: Proijided, however, that said board of trustees may 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 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 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 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. 'o T^F ^ tT ^ ^ -^ § 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 $75 000 is hereby appropriated out of the State treasury, pay- able on the orders of said board, as required for use, in sums not exceeding $1,000 per month. The first payment to be made on the first day of June next, and subsequent payments monthly thereafter, 372 but each successive order for subsequent payments shall be accom- panied by an account sustained by vouchers, showing to the satisfac- tion of the Auditor, the expenditure 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 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 quarter of the fiscal year for amounts sufficient to pay the expenses chargeable against the State, 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 his 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. NOETHEEN ILLINOIS STATE NOEMAL SCHOOL. 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 transfer or conveyance prop- erty of any description, and to have and to 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 govern- ment 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. 373 § 8. 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- XDointed and enter on duty, and successors in each class shall be appointed 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 on» 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 a month from the time this act goes into effect, at which meeting they shall select one of their body as presi- dent and another as secretary, and cause a regular record to be mad« 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 bond to the People of the State of Illi- nois 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 faith- ful 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 ke]pt and reported, so as to show the kind, quantity and cost thereof. § 7. No member, ofiicer, agent or employe of the board 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, 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 oftener 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 374 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 wat5, 126 Sherlock v. Winnetka 77 Shires v. Irwin 87.88.128 Simons V. The People 7,28,29,:^0 Smith V. The People 155,1.58,204.205.208 Snowball v. The People 72 Snyder v. Spaulding 150 Spanlding Lumber Co. v. Brown 157 Speight V. The People 2,6,115,155 St. Louis, Rock Island & Chicago Railroad Co. v. Tlie People 117 Spring V, Wright 81,91 Spring V alley Coal Co. v. The People US 391 stanhope v. School Directors 70,107 Stei>hensun v. School Directors 70,80,108 Stewart v. School Directors 76 Stuck ney v. Churchman ^o Bwip:«rt V Hallou ''y Svsift V. Trustees of Schools *''0 loswift V. Trustees of Schools 59.60 T Tappan V. The People 27,123 Th tiher V. The People 1-2 Iha Cher V. The People 113 Thatcher V. The People 128 Theological Seminary v. The People 8 Thomas v. Urbana School District 156 Thompson v. Beaver 46,78,79 Thompson v. Trustees of Schools • -"'S Tingley v. Vaughn 83 Trumbo V. The People i^.^^ Trustees v. Champaign County 8 Trustees v. The People 27 Trustees of Schools v. Allen 33,140,143 Trustees of Schools v. Arnold 27 Trustees of Schools v. Baker 62 Trustees of Schools v. Hibb ■"■ 65 Trustees of Schools v. Board of School Inspectors 254 Trustees of Schools v. Board of School Inspectors 2.i4 Trustees of Schools v. Braner 35 Trustees of Schools v. Douglas 58 Trustees of schools v. Hihler 153 Trustees of Schools v. Kay **6 Trustees of Scliools v. Peak 66 Trustees of Schools v. Petefish 35 Trustees of Schools v. Kautenberg 28 Trustees of Schools v. Kodgers 59 Trustees of Schoois v. School Directors 28,52 Trustees of Schools v. Schroll _ * Trustees of Schools v. Shepherd 52 Trustees of Schools v. Smith 59 Trustees of Schools v. Southard 35,62 Trustees of Schools V. Stokes 27,69.153 Trustees of Schools v. Tatman 3,26 Trustt-es of Schools v. Tl he People 25,: 9. 40 Trustees of Schools v. T he People 4:i.43,7S,Sl Trustees of Schools v . The People 50 Trustees of Schools v. Trustees of Schools 27 Trustees of Schoo.s v . Walters l'-'3 U 6 ni versify of Chicago v . The People 4 University of Illinois v. Bruner 36.> University of Illinois v. Bruner 365 V Van Dorn v. Anderson 105 Van Valkenberg v. Trustees of Schools 64 W Wabash Railroad Co. V. The People 131 Wabash Railroad Co. v. The People 113 b92 Wabash Railroad Co. v. The People 71,114,125 Wahl V. School Directors 151 Walser v . Board of Education 71 Watson V. Abry Iu6 Watts V. McLean 156 Watts V. McCleave 88 Webb V. The People 50 Weber V. Ohio & Mississippi Railway Co 115 Wells V. The People 70 Whitlow V. Trustees of Schools 61 Whitlow V. Trustees of Schools 61 Wilson V. Board of Trustees 12 W ilson V. Gerrard 35 Wilson V. School Directors 35,72 Z Zerwick v. Weir 60 Ziesing v. Matthieson • 41 893 INDEX. ACCOUNTS— Page. Sec. Note. Of Superintendents ^ 22 15 Of township treasurer 60 2 Examined by county superintendent 21 13 Statement of 67 19 Subject to inspection 61 2 With sctiool districts 66 15 ACTIONS, CIVIL- Against collectors of taxes ;.. 123 11 County board 133 3 Purchaser of school lands 142 18 School ofBcers 146 1 Township treasurer 67 20 Township trustees 23 18 To recover interest ■ — 65 11 On mortgages 64 8 On notes 65 11 ACTIONS, CKIMINAL— Against school officers 149 6 Trespassers 138 5...... ADMINISTRATORS- Debts due the school fund 65 10 ADVERTISEMENTS- Sale of school houses 36 32 . Lands 141 14 Sites 36 32 AGE- In school census 34 28 Of school children 78 26 APPARATUS- M ay be purchased 85 26 APPEALS- From county superintendent 25 22 From trustees 51 54 From trustees 21 13 1 APPORTIONMENT OF FUNDS— By auditor 134 3 By county superintendent 24 20 By trustees 33 26 APPRAISERS- Appointed 56 64 ASSESSOR- To designate number of disirict 121 6 894 l7idex — Continued. ASSISTANT— Page. Sec. Note. Appointment of 18 10 Corn peiisar ion of 133 ] ASSOC lATK). N— State Teachers' 361 ATT E N [) A .\ C K L A W- Agre of child subject to 359 1. AUDITOR- Toapportion funds 134 3. n o tile iranxript of land sale 143 23. To issue patent 144 24. To issue warrants 131 6. To withliold fuiuls, when 16 5. Ai;S'I RALl AN BALLOT ACT- Applie^ when ' 29 13 BOAR!) OF EDUCATION— Conveyances made on written request Duties of , Hected Election, \n hen held How conducted Elections, manner of conductinjr directory Expenditure of money E'linds subject to order . Notii e of election Failure to give Form of President and clerk to give Powers of When exercised Yeas and nays uhen necessary BOARD (;F EDLCATION- Appointed 326 BOARD OF EDUCATION, CHICAGO— A public corporation A quasi corporation Appointment of Duties Eligibility Power of Po\\er, with concurrence of council President f, apjiointed Secretary of, appointed BOARD OF EDUCATION, ELECTED- In certain cases 330 In certain districts 331 In cities 328 9) 92 IZ 10 90 2 91 5 92 8 91 6 3 95 11 95 14 91 6 92 7 91 6 91 6 1 92 10 95 12 95 ?26 11 98 17 97 17..... 102 23 99 18 100 22 100 21 99 18 , 99 19 BOARD OF EDUCATION, STATE- A corporation 367 1 BOARD OF EDUCATION, TOVVNSHiP- Election of 41 40.... Number 41 40 Organization 41 ;! Powerof 41 4D.... Vacancy 41 40 395 Index — Continued. BOARD OF INSPECTORS- Pape. Sec Note. Jo iet 209 2 Jnliet 210 1 Pekin 24S 3 Peoria 2.".4 1 Wilmington 324 3 BOND, OFFICIAL- Superintendent's, county 17 2 Approval of 17 2 Custodian of 17 3 Form of 17 3 Superintendent's, State 13 2 Approsalof 13 2 Custo.iian of 13 2 Treasurer's, township 58 1 Approval of 58 1 Custodian of 58 ' Form of 59 1 BONDS. SCHOOL- A mount limited 124 1 .. Election for 127 4 How conducted 128 5 Notice of election ^ 127 4 Form of '. 127 4 Poll-book 129 6 Return of 129 6 Refunding 129 7 Registration 129 7 BOOK-KEEPING- Not required study 81 26 29 BOUNDARIES, DISTRICT- Changed, how 4S 47 In certain districts 48 49 BRANCHES OF STUDY— Prescribt d by directors 81 26 CALENDAR- (ieneral 384 CENSUS- Taken by olrectors 77 22.. By superintendent 23 18.. By trustees 34 28.. CERTIFICATES, COUNTY- Age of applicants 104 1.. Essential, when 107 5.. Evidence of competency 106 3 Evidence of qualification 106 3 Fee 108 8.. E". rm of 105 3.. Record of 107 4.. Renewal of 105 3.. Revocation of 105 3.. CERTIFICATES, STATE- Exammation for 104 2.. Suspension of 104 2 . . 396 Index — Continued. CERTIFICATE OF LEVY- Page. Sec. Note. BmsIs of all taxes 115 2 5 Form of 115 2 Return of 120 3 CEKTIOKAKI— Appropriate remedy, when Orig-inal proceedings brought up on Should be disniissed, when VV'rit should be granted, when CHILD LAB(JR— Age — 28 4 16 52 55 2 72 2 26 72 2 26 337 CHILDRKN- All to receivf common school education 1 Crippled, classes for 335. Deaf, classes for 336 . CLERK, HOARD OF DIRECTORS- Appointed Compensation Duty to exhibit accounts To keep records To report to treasurer COLLKCTOR- Dutv to notify directors 1,54 To p:)y amount of taxes 122 To pay Auditor's warrant 134 Liability of 123 COLLKGKS- Duty to make report 155 COLORED CHILDREN- Discri mi nation, what is 153 Exclusion of, prohibited 153 \'ay not be done indirectly 153 Have equal riglits. 1 Penally for exclusion 152 For in tim illation 154 C OMPE N S A T I O N- Assisiant superintendent 133 Clerk of lioard of directors County superintendent Gei erally Su[ierintendent of Public Instruction. Townsliip treasurer 82 19 157 13 69 CONDEMNATION- I^and for site CONSTITUTIONAL PROVISIONS- Donaticiiis, how applied Are made to State City may hold title Free schools, efficient system of Are public institutions. Di.scrimination on account of color. tjeneral Assembly shall provide Lunitation on Legislature System of 4 4. 4 1 14. 5. 1. 27. 11. 10. 3. 22. 88 32. 897 In dex — Contimied. CONSTITUTIONAL FROWSIO'S.S-Conchfded. Page. Sec. Note. Indebtedness 11 12 Limitation of 11 12 Prohibition on each corporation 12 12 1 Oath, official 7 25 Officers County superintendent 6 5 Not to be interested in contracts 6 4 Powers prescribed by law 6 5 Permanent school funds, statement of Sei tarian ijurposes May not appropriate money for Ma>- not be done indirectly Special legislation Taxation Exemption from, what property Laws ext-mptiiig strictly construed Must be clearly within law Must be used for schools Not ^'Xempt from special assessment Play ground not exempt University lands exempt When used with view to profit CONTRACTS- Generally 152 1.3. Made by directors 77 23. CONVEYANCES- By superintendent 145 26. By trustees S8 37 . To cities iu trust 103 25. 5 2 14 5 3.. 5 3.. 5 3 1 6 22.. 8 3 8 3 1 9 3 9 10 3 17 8 3 2 10 3 22 10 3 20 8 3 3 9 3 12 COUNTY SUPERINTENDENT— A ministerial officer Appeals from decision of trustees Apportionment of funds Approval of treasurer's bond Bills, shall itemize Bond Compensation Fixed by Legislature COSTS- Generally 152 1 COUNTY BOARD- Dutyof 133 2 To audit accounts 133 2 To examine reports 1.33 2 To examine statements 133 3 Tofillvacancy 1.33 2 Liability of membeis piesent 133 3 Power of 132 1 COUNTY CLERK— Certificate of value furnished by 130 3 Computation of taxes 130 5 Election of trustees ordered by 29 9 List of trustees furnished by 130 1 Tax extended by mistake 131 5 5 COUNTY FUND— Consists of what Loaned 135 6 24 21 17 1 21 13 24 20 23 19, 20 12 17 2 19 11 19 11 :-i98 Index — Continued. COUNTY SUPERINTENDENT-Cowc/z/flT^a'. Page. Sec. Note. Duties 20 13 To act as official advisor 20 1.3 To cond'ct teachers' institute 20 13 To examine notes and books 21 13 To srrant certificates 21 13 To hold e:xan'inations ciuarterlv 21 13 To keep account of institute fund 21 13 To present annual report 21 13 To visit schools 21 13 Elected, when 17 1 Liabiltyof 21 21 2 Ofobliffors 17 4 When making loans 24 21 1,2 Money in hands of 2.5 23 Oath 17 2 Opinion in controversies 25 22 Powersof 22 14 Records, shall deliver to successor 25 23 Removal 25 23 Report, annual 22 16 To surierintendent 23 17 Resignation 18 8 1 Vacancy, how filled 18 8 DEAF CHILDREN- Classesfor 336 1 DEBT, BONDED- How disposed of 54 58 DEBTS- l)ue school fund 65 10 Settled by trustees 38 36 Dl RECTO KH- A boily corporate 69 2 Absentee, notice to 75 16 1 Actions void, when 70 2 4 Annual report 77 22 Apparatus, may purchase, when 85 27 19 Bond purchased by, void 77 23 1 Chapfres in text books 8J 26 25 Contracts, when illegal 88 26 19 For current school year 80 2 21 For term after organization 80 2 19 Discipline 85 27 19 Donations for sectarian purpose 85 26 1 Duties 78 26 Election of 73 5 Eligibility 73 3 Holidays, may grant . 85 27 IVIeeting, informal 76 19 3 Regular and special 76 18 Without formal notice 76 19 2 Not to be interested in contracts 77 23 In sales 77 24 Notice of electi< n 73 8 When sufficient 73 8 1 Official business transacted, when 76 19 Orders 86 28 Organization 75 15 Powers of 77 26 399 Index — Continued. Ti\RV.CTO^S— Concluded. Page Sec Note. President 15 IS F^o tempore '16 20 Quorum To I'i Records, how kept 82 27 Kesidence 73 5 1 For school purposes 78 26 1 Rules 78 2! School house, destruction of 83 27 8 Site 87 31 Suspension, term of 8-") 27 17 Text- books, changes 81 26 For indigent children 81 2ii Tie vote 74 11 \'acancies 73 4 DISTRICT, SCHOOL- Boundaries 46 47 Dissolved, when 57 67 Formation of 46 47 F"unds of 37 31 List of tax- payers 53 57 Map of 53 57 Numbered by superintendent 355 DONATIONS- For school purposes 3 2 For school purposes 35 31 EXKCL'TION- Generally 155 9 EXECUTOR- To give preference to school debts 65 10 EXEMPTION, TAXES- Flxempt, what property Laws exempting strictly construed Must be clearly within law Must be held in trust M ust be used for schools Must furnish higher education Not exempt from special assessment Play ground not exempt University lands exempt 8 3.. 9 3 10 10 3 17 10 3 20 8 3 2 10 3 20 10 3 22 10 3 20 8 3 3 EXPl'LSTON- Of pupils 84 27 Term of 85 27 18 FINKS AND FORFEITUTES- Collection of 146 2 Distributed annually 146 1 Paid to superintendent 1'46 1 Penalty for failure to make report 147 6 For failure to pay 147 5 FLAGS- Law relating to 349 — FORM- C)f bond of superintendent 17 3 (;f bond of treasurer 59 1 C )f mortgage 63 7 Of register 109 13 Of schedule HO 14 400 Index — Continued. ¥ORyi—Coniimted— Page. Sec. Note. Of school orders 89 34 Of tax certificate 115 2 Of teacher's certificate 105 3 FUND, SCHOOL.. Apportionment of 134 3 Common, consists of what 134 1 County, consists of what 135 6 District 135 7 Custodian of 37 34 Surplus loaned 63 5 In special districts 1.37 10 ]n erest on 134 2 Permanent, statement of 5 2 Proper, consists of what ; 134 1 Township, consists of what 136 6 FURNITURE- Purchase of 112 202 GRADUATE- Of country normal school 104 Of eighth grade 381 HIGH SCHOOL, TOWNSHIP— Admission to A pplies to special charter districts A re free schools Board of education Discontinued, how Election to establish Of district board Women cannot vote at Petition HOLTDAYS- What are 42 40 4 40 38 4 42 40 8 41 40... 40 38 9 38 28... 41 40... 41 38 16 38 38... INDICTMENT- Of school officers 152 13. INSTITUTES- Fee, registration 108 10. Fund ; 108 9. Term of 108 10 . INSURANCE- In making loans 64 8. INTEREST- Actioii to recover 65 11. Distributed 135 6 . Order draws, when 67 18 . Rate of, bonds 124 1. Loans 61 3. State to pay 134 2. JUDGES OF ELECTION- Of directors 73 10. Of tru.stees 29 11. To vote on bond issue 128 5 . JUDGMEN'IS- A gainst purchaser of land 142 18. Against school officer 150 9 . 401 Index — Continued. KINDERGARTEN SCHOOLS- Page. Sec. Note. Any district may establish 353 LANDS, SCHOOL- Biisiness relating to, where transacted 138 2 Common, what are 137 1 Lease of 138 3 Platof 140 11 Purchase money 142 18 Sale of 141 14 LIABILITY OF SCHOOL OFFICERS- f or conversion of funds 149 6 For failure to deliver poll-book 148 2 For failure to deliver schedules 148 3 For failure to perform duty 148 4 For failure to protect property 148 1 For failure to return statistics 1.50 10 For failure to turn over money 149 5 For insufficient securities taken 149 7 For loss of funds or property 150 11 LIBRARIES- May be purchased 85 27 LIEN- Mechanic's 157 8 On real estate of school officers 149 8 LOANS- Of countyfund 24 21. Of township fund 63 5 . Of district fund 61 3. MANUAL TRAINING- May be established 354 1 . MASTER- May sell lands, how 64 8 MEETINGS- In school houies Of trustees Of directors MONTH- School Ill MORTGAGE- Form of 85 27 32 25 76 18 [11 17...... 63 7 NEGLIGENCE- What is 83 27 NORMAL SCHOOLS, COUNTY- May be established .' 3*2 1 . NORMAL SCHOOLS, STATE- Eastern Illinois State Normal School 375 Normal University 367 Northern Illinois State Normal School 372 Southern Illinois Normal University 369 Western Illinois State Normal School 378 —26 S L 402 Index — Continued. NOTES— Page. Sec. Note . Examined by county board 133 By superintendent ., Made to superintendent, / To trustees ....= ........ NOTICE OF ELECTION- In cities In districts In townships ORDERS, SCHOOL- Executed, how Form of In anticipation of taxes Teachers' ,^ ORGANIZATION- Of board of trustees Of board of directors PARENTAL SCHOOL— Established in certain cities 356 PENSTON- Employes' 344 Teachers' PETITION- For change of boundaries For organization under general law For sale of school house For sale of school lands For township high school ; . . PHYSIOLOGY AND HYGIENE- Instruction in 21 13 24 21 63 i 91 6 73 8 28 8 136 7 136 8 86 29 111 16 32 22 75 15 356.. 344 361 46 47 96 15 36 32 139 8 38 38 358 1. PUNISHMENT- Corporal 80 26 16 PUPILS- Age of Expulsion Suspension Transferred QUALIFICATIONS- For county superintendent. For director For treasurer For trustee Of teachers Of voters QUO WARRANTO— Information in nature of Proper remedy, when Will not be entertained, when. QUORUM- Of directors Of trustees REGISTER- Form of Return of. . 78 26.. 84 27.. 84 27.. 89 35.. 6 5.. 73 3.. 32 22.. 28 7.. 104 1.. 29 12.. 71 2 22 71 2 24 72 2 26 75 16.. 32 25.. 109 13.. 110 13.. 79 26 9 78 26 4 78 26 2 79 26 15 79 26 7 403 Index — Continued. REMOVAL FROM OFFICE— Page. Sec.Note . Of county superintendent 132 1 Of director 22 14 Of president of board of trustees 32 23 Of teacher 83 27 Of treasurer 32 23 REPORT- Of cities and towns 154 7 Of collectors of taxes 122 9 Of county superintendent, annual 22 16 Of condition of schools 23 17 Of land sales 21 13 Of directors to treasurer 77 22 To superintendent 77 26 To voters 82 26 Of fines and forfeitures 146 4 Of institutions of learnings 155 8 Of Superintendent of Public Instruction 14 4 Of treasurer 66 15 Of trustees 33 28 RULES- Excuse, written Must be reasonable Reasonable, what are Teachers bound by Unreasonable, when SCHOLARSHIPS- Normal 381 University 365 SECTARIAN PURPOSE- Appropriation for, prohibited 151 12 Cannot be made indirectly 5 3 1 Church may be used for school room 152 12 3 Constitutional provisions relating to 5 3 Rent paid to church not illegal 152 12 1 SITE- Control of vested in directors 35 31 Directors may select, when 87 31 May be sold when unsuitable 36 32 Must build on one chosen 87 31 3 Vote of people necessary, when 87 31 SPECIAL CHARTERS- Alton School District 160 Ashmore School District 162 Bloomington School District 167 Canton Union School Distrtct 171 Carlinville School District 178 Charleston Union School District 178 Cordova School District 184 Decatur School District 188 Galena School District 195 Galesburg School District 197 Heyworth School Histrict 202 Jacksonville School District 204 Joliet School District 209 Kankakee School District 212 Kickapoo Union School District 218 Lacon Union School District 223 404 Index— Continued. SPECIAL CHARTERS— Cojicluded. Page. See. Note. La Harpe School District 228 Lake Forest School District 229 Litchfield School District 231 Macomb School District 234 Normal School District 237 Paris Union School District 241 Pekin School District 247 Peoria School District 254 PoloSchool District 260 Princeton High School District 266 Rockford School District 272 Rock Island School District 272 Rushville Union School District , 280 Shelby ville Union School District 288 Sparta School District 293 Springfield School District 298 Tuscola Union School District 303 Upper Alton School District 311 Warsaw School District , 314 Waukegan School District 321 Wilmington School District 323 SPECIAL CHARTERS, AGAIN- District, changes in boundaries of 48 49 May be abrogated 96 15 Repeals 154 7 SUBSTITUTE- Ground for dismissal 83 27 1 Teacher cannot employ 83 27 1 SUPERINTENDENT OF PUBLIC INSTRUCTION- Duties 14 4 Election of 13 1 Funds with-held by 16 5 Not to be interested in contracts 16 6 Powers of 15 5 Report to Governor 14 4 SUSPENSION OF PUPILS- As means of discipline 85 27 16 Term of 85 27 15 TAXES- Extended by mistake 131 5 5 Action to recover ' 27 4 4 Action to recover 71 2 16 Action to recover 71 2 17 Action to recover 71 2 18 TEACHERS- Age of 104 1 Employment of 107 5 Examination of 104 7 Institute 108 10 Property, responsible for 109 12 Qualifications 104 1 Register, duty to keep 109 13 Schedules, duty to make 110 14 Wages, when due and payable Ill 16 405 Index — Continued. TEXT-BOOKS— Page. Sec. Note. Changes 81 2G — . . For indigent children 81 26 Prescribed by directors 81 26 Uniformity 81 26 TOWNSHIP, SCHOOL- Annexation of by city 2.") 1 3 Congressional 25 1 For school purposes Fractional Legislature may unite or divide Not for municipal purposes 25 1 1 26 2 26 2 1 25 1 4 TRANSFER- Of pupils 89 35. TREASURER, TOWNSHIP- Accounts of GO 2 . Annual statement of 66 15 Must show exact condition 61 2 1 Appointment of 32 22 Bond 54 1 Clerk of board of trustees 32 22 Pro tempore 32 24 Compensation r 69 22. Custodian of funds 37 34 Defaulting 59 1 5 Discharged from liability, when 16 13 1 Duties 66 16 Electionof 32 22 In certain districts 60 1 14 Eligibility 32 22 Liable in civil action— For failure to perform duties 67 17 For failure to turn over boo lis 57 66. For refusal to perform duties 68 20 . When liable 68 20 Liable in criminal action — For conversion of school fund 149 6 . For failure to report statistics 57 66 . For false report of statistics 57 66. For interest in sales 152 13. For perversion of school funds 151 12 . Map, made and filed by 67 19 . Money 65 11 . Default in payment 65 11 . Received from collector 137 9. Oath, not required 59 1 Removal 32 23. Resignation 68 21. Statement— To directors 66 16 . To trustees 66 15 . Sureties 58 1. Bound by entries in books 60 1 Bound by ofiicial acts 69 21 Term of office 32 23. TRUANT OFFICER- Appointed 366 3 . Dnti«s 366 3. 406 Index — Continued. TRUSTEES OF SCHOOLS- Page. Sec. Note. A body politic A qtiasi corporation Accounts of treasurer examined by Action of concurrent boards Adjournment of board Appeals from Who may appeal Apportionment of funds Appraisal and distribution Appraisers appointed Business of township done by Clerk appointed by Pro iet?tpore Conveyance made to Election of At town meeting Eligibility Enumeration made by Funds, distribution of Gifts, may receive Judges of election Liable in civil action For failure to distribute property. For failure to return poll book For failure to return statistics For false return of statistics For insufficient security 149 7 . Liable in Criminal Action— For conversion of school funds 149 6 . For interest in sale of books ;. 152 13. For perversion of funds 151 12, 26 4 26 4 30 14 49 51 50 52 52 55 51 54 33 26 56 64 56 64, 26 3, 32 22 32 24 37 32 28 5 31 19. 28 7 34 29 55 63 35 31 29 11 56 65 56 65 31 20 30 18 30 18 Meetings- Concurrent Joint, not authorized Regular Special Notes signed by, liability Oath Organization Petition- Action of concurrent boards. . Allegations Defective, when May be amended Must conform to law Must show jurisdiction Omissions, court will supply. Poll book, return of Powers of President of Quorum : ... UNION DISTRICTS- Dissolved, how Funds of Funds of 50 51 1 32 25.. 32 25.. 38 4 13 28 7 1 32 22.. 49 1.. 50 51 7 50 52 6 49 50 2 50 52 1 49 50 1 50 52 3 31 20.. 51 52.. 32 22.. 32 25.. 57 68.. 78 26.. 1.S7 9.. 407 Index — Concluded. UNIVERSITY OF ILLINOIS- Page. Sec. Note. Change of name 365 1 Contracts 365 1 1 Scholarships 365 VACANCIES IN OFFICE- Of board of education 92 9 Of county superintendent 18 8 Ofdirector 73 7 Of township treasurer .32 22 Of trustee of schools 29 10 VACCINATION- Children may be excluded, when .^ 78 26 6 Rule unreasonable, when 79 26 10 WAGES- Payable monthly 82 26, WARRANTS- Auditor to issue 1,34 3 Paid by collector 134 3 Penalty for refusal to pay 135 5 Returned 134 4 WOMEN- May be school officers 153 2 May not vote, when 41 38 16 May vote for school officers 165 1 Qualifications 153 2 Togivebond 153 3 YEAR- School 122 202 LBFe'09