Book U h^ /9> THE SCHOOL LAW OF ILLINOIS AS AMENDED BY THE Forty-Seventh General Assembly ISSUED BY FRANCIS G. BLAIR Superintendent of Public Instruction SPRINGFIELD, ILLINOIS: Illinois Statk Journal Co., Statb Printers 1912 THE SCHOOL LAW OF ILLINOIS AS AMENDED BY THE Forty-Seventh General Assembly ISSUED BY FRANCIS G. BLAIR Superintendent of Public Instruction SPRINGFIELD, ILLINOIS: Illinois State Journal Co., State Printers 1912 0, 1* % WAY 23 W? T? v TABLE OF CONTENTS. Page . General school law ,- 5 SUPPLEMENTAL ACTS. Abrogation of special charters 81 Bonds of certain districts 83 Boards of education appointed 80 Boards of education elected in certain cases. - 84 Boards of education elected in certain districts 85 Existing indebtedness 82 ADDITIONAL ACTS. Annexation of territory 88 Child labor 90 Deaf- and dumb and blind children 96 Delinquent children 98 Elections in certain districts " Elections—judges and clerks 10 ° Eminent domain *C1 Employes' pension fund 101 Fees and salaries 106 High school districts - 106 Humane instruction .- 108 Juvenile courts 109 Pension fund 121 Public drinking cup - 121 Revenue 122 AN ACT TO ESTABLISH AND MAINTAIN A SYSTEM OF FEEE SCHOOLS. SUPERINTENDENT OE PUBLIC INSTRUCTION. Section 1. Be it enacted by the People of the State of Illinois, repre- sented in the General Assembly: That on Tuesday next after the first Monday in November, 1910, and quadrennially thereafter, there shall be elected by the qualified voters of this State a Superintendent of Public Instruction, who shall hold his office for four years from the second Monday in January next after his election. • § 2. Before entering upon his duties he shall take and subscribe the oath of office prescribed by the Constitution, and execute a bond in the penalty of $25,000.00, payable to the People of the State of Illinois, with securities to be approved by the Governor, conditioned upon the faithful discharge of his duties. Such bond and oath shall be deposited with the Secretary of State. § 3. The duties of the Superintendent of Public Instruction shall be : First — To have his office at the seat of government, and to keep a record of all matters pertaining to the business of his office. Second — To file all papers, reports and public documents transmitted to him by the school officers of the several counties, for each year sepa- rately; and to keep and preserve all other public documents, books and papers relative to schools, coming into his hands as Superintendent of Public Instruction. Third — To supervise all the common and public schools in the State. Fourth — To counsel and confer,, in such manner as he may deem best, with experienced and practical teachers as to the best manner of conducting common schools. Fifth — To advise and assist county superintendents of schools, address- ing to them, from time to time, circular letters relating to the best manner of conducting schools, constructing school houses, furnishing the same, and examining and procuring competent teachers. Sixth — To be ex officio a member of the board of trustees of the Southern Normal University. Seventh — To make such rules and regulations as may be necessary to carry into efficient and uniform effect the provisions of this Act, and of all laws for establishing and maintaining free schools in the State. Eighth — To be the legal adviser of school officers, and, when requested by any school officer, to give his opinion in writing upon any question arising under the school laws of the State. Ninth — To hear and determine all controversies arising under the school laws of the State, coming to him by appeal from a county superin- tendent of schools. Tenth — To grant certificates to such teachers as may be found qualified to receive them, and to suspend the operation of any State certificate for immorality or other unprofessional conduct. Eleventh — To visit such of the charitable institutions of the State as are educational in their character, to examine their facilities for instruc- tion, and to prescribe forms for such reports as he may desire from their superintendents. Twelfth — To report to the Governor, on or before the 1st of November, preceding each regular session of the General Assembly, the condition of the schools in the several counties of the State; the number of schools which have been taught in each county in each of the preceding years, commencing on the 1st of July; the number taught by men and women respectively ; the number of pupils in attendance ; the number of persons in each county under 21 }^ears of age, and the number of persons between the ages of 12 and 21 years unable to read and write; the amount of township funds; the amount of interest on the State or common school fund, and on the township fund, annually paid out; the amount raised by an ad valorem tax; the 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 of books purchased for the use of schools and the cosl of the same; the value of apparatus purchased ; the number of district libraries ; together with such other information and suggestions as he may deem important in relation to the schools and school Laws, and the means of promoting education throughout the State; which report shall be submitted to the General Assembly at each regular session. § 4. The Superintendent of Public Instruction shall have the follow- ing powers : First — To designate the particular statistics relating to public schools which school officers are required to report to the county superintendent of schools. Second — To authorize the county superintendent of schools to procure such assistance as may be necessary to conduct teachers' institutes. Third — To require the county superintendents of schools to furnish him with such information as he may desire to include in his report to the General Assembly. Fourth — To require the trustees of schools ' of each township to make, at any time, a report similar to that required of trustees of schools, on or before the 15th day of July preceding each regular session of the General Assembly. Fifth — To require annual reports from the authorities of townships, cities or districts maintaining schools by authority of special charters. Sixth — To remit, upon the recommendation of the county superin- tendent of schools, or for other good and sufficient reasons, the forfeiture of the school fund by any township which may have failed to make the reports required by law. Seventh — To require the Auditor of Public Accounts to withhold from the county superintendent the amount due his county from the State school fund, or the said county superintendent for his compensation, until the report provided for in section 7 of this Act shall liave been furnished as therein required. Eighth — To request the president, principal or other proper officer of every organized university, college, seminary, academy or other educa- tional institution, whether incorporated or unincorporated, to submit such report as he may require, in order to lay before the General Assembly a full exhibit of the affairs and conditions of such institutions and of the educational resources of the State. Ninth — To require the county superintendent of schools, trustees, township treasurer, directors or other school officer to withhold from any township, district, officer or teacher any part of the common school township or other school fund, until such treasurer, officer or teacher shall have made all schedules, reports and returns required of him by this Act, and until such officer shall have executed and filed all official bonds and accounted for all common school, township or other school funds which have come into his hands. COUNTY SUPERINTENDENT OF SCHOOLS. § 5. On Tuesday next after the first Monday in November, 1910, and quadrennially thereafter, there shall be elected by the qualified voters of every county in this State a county superintendent of schools, who shall enter upon the discharge of his duties on the first Monday of December after his election. § 6. Before entering upon his duties he shall take and subscribe the oath prescribed 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 $12,000.00, condi- tioned upon the faithful discharge of his duties. The bond shall be in the following form, to-wit: State of Illinois, ] J-ss. County. J Know All Men oy These Presents: That we, A B, C D, and E P, are held and firmly bound, jointly and severally, unto the people of the State of Illi- nois, in the penal sum of dollars, to the payment of which we bind ourselves, our heirs, executors and administrators firmly by these presents. In witness whereof we have hereunto set our hands and seals this day of , 1 The condition of this obligation is such that if A B, county superintendent of schools of the county aforesaid, shall faithfully discharge all the duties of his office, according to law, and shall deliver to his successor in office all moneys, books, papers and property in his hands as such county superin- tendent of schools, then this obligation to be void, otherwise to remain in full force and virtue. A B [Seal] C D [Seal] E P [Seal] 8 This bond shall be filed in the office of the county clerk, and action or actions upon it may be maintained by any corporate body interested, for the benefit of any township or fund injured by any breach of its conditions. § 7. On or before the 15th of August, annually, the county super- intendent of schools shall present to the Superintendent of Public Instruction such information relating to schools in his county as the Superintendent of Public Instruction may require. § 8. The county superintendent shall present under oath, or affirma- tion, to the county board, at its annual meeting in September, and as near quarterly thereafter as such board may have regular or special meetings, a report of all his acts as county superintendent, including a list of all the schools visited, with the dates of visitation. § 9. The county superintendent shall report, in writing, to the county board, at its regular meeting in September oi each year, stating, first, the balance on hand at the time of the last report, and all receipts since that date, with the sources from which they were derived; second, the amount distributed to each of the township treasurers in his county; third, any balance on hand. At the same time he shall present for inspection his books and vouchers for all expenditures, and submit in writing a statement of the condition of the institute fund and of any other funds in his care, custody or control. § 10. The county superintendent shall keep three books, to be known and designated by the letters A, B, and 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, the plats and certificates of valuation made by or under the direction of the trustees of schools, and the affi- davits in relation to the same. In book B he shall keep an account of all sales of common school lands, including the date of sale, name of purchaser, description of land sold and the selling price. In book C he shall keep a regular account of all moneys received or paid out; from whom received, on what account, showing whether it is principal or interest, the rate of interest, and a description of the real estate taken as security; if paid out, to whom, when, and on what account, and the amount of the list of sales and the account of each township fund to be kept separate. § 11. At the regular meeting of the county board, in each year, the county superintendent shall present, first, a statement showing the sales of school lands made subsequent to the first regular term of the previous year, which shall be a true copy of the sale book (book B) ; second, a statement of the amount of money received, paid, and in hand, belonging to each township or fund under his control, the statement of each fund to be separate; third, a statement copied from his loan book (book C), showing all the facts in regard to loans which are required to be stated in the loan book. § 12. In all cases in which the trustees of schools of any township shall fail to prepare and forward, or cause to be prepared and forwarded, to the county superintendent the information required of them by this 9 Act, it shall be the duty of the county superintendent to employ a com- petent person to take the enumeration and furnish such information, as far as practicable. The person so employed shall have access to the books and papers of the 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 at such places as such person may desire for the purposes aforesaid. For such services the county superin- tendent shall pay to the person so employed by him such amount as he may judge reasonable, out of any money which is or may come into his hands, apportioned as the share of or belonging to such township; and the county superintendent shall proceed to recover and collect the amount so allowed or paid 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 the township in their individual capacity; and in such suit or suits the county superintendent and the township treasurer shall be competent witnesses. The money so received, when collected, shall be paid to the county superintendent for the benefit of the township, to replace the money taken as aforesaid. § 13. Whenever the bond of any township treasurer, approved by the trustees of schools, as required by law, shall be delivered to the county superintendent of schools, he shall carefully examine the same, and if the instrument is found to be in all respects according to law, and the securities good and sufficient, he shall endorse his approval thereon, have it recorded in the recorder's office, and file the same with the papers of his office ; but if the bond is in any respect defective, or if the penalty is insufficient, he shall return it for correction. When the bond shall have been received and filed, the superintendent shall, on demand, deliver to the township treasurer a written statement certifying that his bond has been approved and filed, and that the 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 descrip- tion belonging to the township. § 14. Upon receipt of the amount due the county from the State school fund, the county superintendent shall apportion the same, together with other funds held for distribution, to the townships and parts of townships in his county in which schools have been maintained, as pro- vided by law, according to the number of persons under 21 years of age returned to him, and shall pay the distributive share belonging to each township and fractional township to the respective township treasurers, or other authorized persons, annually : Provided, however, that no part of the State or other school fund shall be paid to any township treasurer, or other person authorized to receive it, unless such treasurer shall have filed his bond, or, if reelected, shall have renewed his bond and filed the same as required by law. § 15. It shall further be the duty of each county superintendent of schools : 10 First — To execute, upon notice by the county bo*ard, a new bond, con- ditioned and approved as the first bond. .Second — To sell township fund lands, issue certificates of purchase, report to the county board and Auditor of Public Accounts, and perform all other duties pertaining thereto. Third — To register the names of all applicants for normal school and university scholarships; to hold, or cause to be held, examinations for the same, and to perform such other duties as pertain thereto. Fourth — To visit each public school in the county at least once a year, noting the methods of instruction, the branches taught, the text books used, and the discipline, government and general condition of the schools; in the performance of which duty he shall spend at least half his time, and more, if practicable, in visiting ungraded schools. Fifth — To give teachers and school officers such directions in the science, art and methods of teaching, and in regard to courses of study, as he may deem expedient. Sixth — To act as the official adviser and constant assistant of the school officers and teachers of his county. In the performance of this duty he shall faithfully carry out the advice of the Superintendent of Public Instruction. Seventh — To conduct a teachers' institute, to aid and encourage the formation of other teachers' meetings, and to assist in their management. Eighth — To labor in every practicable May 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, to report the same at once, in writing, to the 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 he finds that the papers are not in proper form, or that the securities are insufficient, he shall so state, in writing, to the board of trustees. Eleventh — To give notice of the election of trustees in such cases as are specified in section 24 of this Act. Twelfth — To give notice of any regular or special election as required by section 107 of this Act. Thirteenth — To investigate and determine all matters pertaining to changes in the boundaries of school districts which may come to him by appeal from the decision of the trustees of schools, and to inform the township treasurer from whom the papers relating to the matter were received of his decision. ' Fourteenth- — To file and keep all the poll books and returns of elections required to be returned to him and the reports and statements returned by township treasurers and trustees of schools. Fifteenth — To hold meetings, at least quarterly, for the examination of teachers. 11 Sixteenth — To grant certificates of qualification to teach to such per- sons as may be' qualified to receive them, and to keep a record of all teachers to whom certificates have been granted, and of all teachers employed in his county. Seventeenth — To notify the presidents of boards of trustees and the clerks of school districts, on or before September 30, annually, of the amount of money distributed by him to the township treasurer, with the date of distribution. Eighteenth — To keep in his office a map of his county on a scale of not less than two inches to the mile, and to indicate thereon the boundary lines and numbers of all school districts. Districts shall be numbered consecutively. In case of the formation of a new district composed of parts of two or more counties, the county superintendents of such counties shall agree upon a number by which such district shall be designated, which number shall not be a duplicate of any number in either of such counties. Nineteenth — To furnish the township treasurers a list of the districts in their respective townships with the consecutive numbers of the same. § 16. The county superintendent shall have power : First — To require the trustees of each township in his county to make, at any time he may desire, the report provided for in section 36 of this Act. Second — To recommend to the Superintendent of Public Instruction the remission of the penalty provided for a failure of the trustees of schools to make the report required by law. Third — To renew teachers' certificates at their expiration by his endorsement thereon. Fourth — To revoke the certificate of any teacher for immorality, incompetency or other just cause. Fifth — To direct in what manner township treasurers shall keep their books and accounts. Sixth — To bring suit against the county collector for failure to pay the amount due upon the Auditor's warrant. Seventh — To remove any school director from office for willful failure to perform his official duties. Eighth — To employ, with the approval of the county board, such assistant or assistants as he needs for the full discharge of his duties. Such assistants shall be persons of good attainment, versed in the prin- ciples and methods of education, familiar with public school work, and competent to visit schools. Ninth — To demand of the trustees of schools certified copies of maps and records of school districts as organized. In case of discrepancies or defects in defining the boundaries of school districts the county superintendent, or, in case of a district lying in two or more counties, the county superintendents of such counties acting jointly, shall be authorized to define such boundaries in conformity with what may appear to have been the intention of the trustees of schools when such boundaries were established. 12 § 17. 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 upon a written statement of facts certified by the county superintendent to the Superintendent of Public Instruction. § 18. The county superintendent, upon his removal or resignation, or at the expiration of his term of office, or in case of his death hi^ representatives, shall deliver to his successor in office, on demand, all moneys, books, papers and personal property belonging to the office or subject to the control or disposition of the county superintendent. TRUSTEES OF SCHOOLS. § 19. Each Congressional township is hereby established a township for school purposes. When a fractional Congressional township contains fewer than two hundred persons under 21 years of age, the trustees of schools, upon petition of a majority of the adult inhabitants of such fractional township, may, by written agreement with the trustees of any adjacent township, consolidate the territory, school funds and other property of such fractional township with such adjacent township. Such territory, school funds and other property shall thereafter be managed by the trustees of such adjacent and consolidated township in accordance with the terms of such agreement, in the manner provided by law. The agreement shall be signed by a majority of the trustees of each township, and filed for record in the office of the county clerk of the county in which such consolidated township, or the greater part thereof, is situated. § 20. The school business of the township shall be transacted by three trustees, to be elected by the qualified voters of the township, as hereinafter provided. Such trustees shall be a body politic and corpo- rate, by the name of "trustees of schools of township ISTo , range No " according to the number. Such corporation shall have perpetual existence, with power to sue and be sued, and to plead and be impleaded, in all courts and places where judicial proceedings are had. § 21. No person shall be eligible to the office of trustee of schools who is not a resident of the township, and at least 21 years of age. In case there are three or more school districts in a 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. § 22. The election of trustees of schools shall be held, in townships whose boundaries do not coincide with those of towns, on the second Saturday of April, annually. In townships whose boundaries do coincide with those of towns as established under the township organization laws, the trustee or trustees shall be .elected at the same time and in the same manner as town officers. In townships in which no election for school trustees has heretofore been held, or in townships in which from 13 any cause there are no trustees of schools, or in case of a vacancy or 'vacancies, the election of trustee or trustees of schools may be held on any Saturday. § 23. Notice of the election of trustees shall be given by the township treasurer, upon the order of the trustees of schools, or, in case of a first election, by the county clerk, by posting notices, at least ten days previous to the time of such election, in not less than five of the most public places in the township, which notices shall specify the time, place and object of the election, and may be in the following form, to-wit : NOTICE OF ELECTION. Notice is hereby given that on Saturday, the day of April, 1 , an election will be held at for the purpose of electing school trustee . . for township No Range No The polls will be opened at o'clock, m., and closed at o'clock, m. By order of the trustees of schools. Township Treasurer. § 24. If the township treasurer shall fail or refuse to give notice of the regular election of trustees, as required by the foregoing section, and if, in case of a vacancy, the remaining trustee or trustees shall fail or refuse to order an election to fill such vacancy, it shall be the duty of the county superintendent to order such election. § 25. If, upon the day appointed for the election of trustees of schools, the trustee or judges shall be of the opinion that, on account of the small attendance of voters, the public good requires it, or if a majority of the voters present shall desire it, they shall postpone the 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, however, that if notice shall not have been given of such election, as required by section 23 of this Act, the election may be ordered and held on any Saturday, notice thereof being given. § 26. The time and manner of opening, conducting and closing the election, and the several liabilities appertaining to the judges, clerks and voters, separately and collectively, and the manner of contesting the 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. § 27. The trustees of schools shall act as judges and choose a clerk of the election. If the trustees, or any of them, shall fail to attend, or refuse to act when present, or if, from any cause, there are no trustees of schools, or not a sufficient number to act as judges, the qualified voters present shall choose from among themselves the number of judges required to open and conduct the election. § 28. In townships in which for general elections there are more than two polling places, the trustees shall give notice that polls will be 14 opened for such elections in at least two places; in which case at least one of the trustees shall be assigned to each place, so far as practicable, and additional judges shall be chosen by the qualified voters present: Provided, however, that there shall be at least one polling place for each 800 voters in the township. § 29. The judges shall return the ballots and original poll books, with a certificate thereon showing the result of election in such precinct, to the treasurer of the township in which the election shall be held, where- upon it shall be the duty of the trustees of schools, within five days after the election, to meet and canvass the returns from each precinct, to make out a certificate showing the number of votes cast for each person in each precinct and in the whole township, and to file the certificate with the county superintendent of schools. § 30. Upon the election of trustees of schools, the judges of the election shall, within ten days thereafter, cause a copy of the poll book of the election to be delivered to the county superintendent of schools, with a certificate thereon showing the election of trustees and the names of the persons elected; which copy, with the certificate, shall be filed by the county superintendent and shall be evidence of such election. § 31. At the first election of trustees in a newly organized township, the trustees shall, at their first meeting, cast lots for their respective terms of office for one, two and three years; and thereafter one trustee shall be elected annually, at the usual time for electing a trustee of schools, to fill the vacancy occurring. In case of a tie vote, the election shall be determined by lot, on the day of the election, by the judges. § 32. 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. Such trustees shall continue in office three years. § 33. Within ten days after the annual election, the trustees of schools shall organize by appointing one of their number president, who shall hold his office forgone year. It shall be the duty of the president to preside at all meetings of the board and to sign the proceedings thereof when recorded. If the president be absent from any meeting, or refuse to perform any of the duties of his office, a president pro tempore may be appointed. The president may be removed by the trustees of schools for good and sufficient cause. § 34. It shall be the duty of the trustees of schools to hold regular semi-annual meetings on the first Mondays of April and October. Special meetings may be called at any time by the president or by two members. Two members shall constitute a quorum for the transaction of business. § 35. At the regular semi-annual meetings on the first Mondays of April and October, the trustees shall ascertain the amount of funds subject to distribution, and shall appropriate and distribute the same as required by this section, and not otherwise. All vali-d claims shall be paid before distribiirion, in manner following: First, the compensation of the treasurer; second, the cost of publishing the annual statement; 15 third, the cost of a record book, if any; fourth, the cost of dividing school lands and making plats. The balance shall be apportioned and distributed to the districts and parts of districts in the township in which schools have been kept as required by law during the preceding year ending June 30th, according to the number of persons returned under 21 years of age. The funds so distributed shall be credited to the respective districts and parts of districts. § 36. The trustees of schools of each township in this State shall prepare, or cause to be prepared, by the township treasurer, the directors of the several districts, or other person, and forward to the county super- intendent of the county in which the township lies, on or before the 15th day of July, annually, and at such other times as may be required by the county superintendent of schools, or by the Superintendent of Public Instruction, a statement exhibiting the condition of the schools in their respective townships for the preceding year, commencing on July 1st and ending June 30th, which statement shall be in the form and shall contain the information required by. the Superintendent of Public Instruction. Any township from which such report is not received in the manner and time required by law, shall forfeit its portion of the distributive fund for the next ensuing year. § 37. In case a township is divided by a county line or lines, the trustees of schools of such township shall make, or cause to be made, separate enumerations of all statistics and other information required by the Superintendent of Public Instruction, and report the same sepa- rately to the several county' superintendents; and all parts of such statistical information which cannot practically be reported separately shall be reported to the county superintendent of the county in which the sixteenth section of such township is situated. § 38. At each semi-annual meeting, and at such other meetings as they may think proper, the trustees of schools shall examine all books, notes, mortgages, securities, papers, moneys and effects of the corpora- tion, and the accounts and vouchers of the township treasurer, or other township school officer, and shall make such order for their security, preservation, collection, correction of errors, if any, and for their proper dispositions, as may be necessary. § 39. The trustees of schools may receive any gift, grant, donation or devise made for the use of any school or library, or for any other school purpose, within their jurisdiction. They shall be and are hereby invested in their corporate capacity with the title of all school buildings and school sites. All conveyances of real estate made to the trustees of schools shall be made to them in their corporate name, and to their successors in office. § 40. When a school site or building has become unnecessary or unsuitable or inconvenient for a school, the trustees of schools, on petition of a majority of the voters of the district, shall sell and convey the same, after giving at least twenty days' notice of such sale, by posting written or printed notices thereof describing the property and the terms of sale, which may be in the following form, to-wit: 16 NOTICE OF SALE. Notice is hereby given that on the day of , 1 , the trustees of schools of township No , Range No , will sell at public sale, on the premises hereinafter described, between 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 per annum from date.") A B [Seal] C D [Seal] E F [Seal] Trustees. The deed of conveyance shall be executed by the president and clerk, and the proceeds paid to the township treasurer for the benefit of the district. § 41. The trustees of schools shall cause all moneys for the use of the township and the districts to be paid to the township treasurer. § 42. The trustees of schools shall have power to purchase real estate in satisfaction of any judgment or decree in any action wherein the trustees or the county superintendent of schools are parties, if, in their opinion, the interests of the township fund will be promoted thereby. § 43. The trustees of schools shall have power to make all settle- ments with persons indebted to them in their official capacity ; to receive deeds to real estate in compromise; and -to cancel notes, bonds, mort- gages, judgments and decrees for the benefit of the township; and their action in the premises shall be valid and binding. § 44. The trustees of schools shall have power to lease or sell any lands that may come into their possession in the manner described in either of the two preceding sections. The sale shall be made in the manner provided for the sale of the sixteenth section. § 45. The trustees of schools in newly organized townships shall divide the township into 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 the district or districts shall be designated by their respective numbers. The said trus- tees of schools shall also cause any territory taken from a school district acting under a special charter to be formed and established into a school district to be governed under the general school laws of the State and shall cause such district to be established within thirty days. from the time such territory is taken from such district acting under a special charter ; and said trustees shall call an election for the purpose of electing directors for such district within ten days after the organization of such district. In case such territory has not sufficient inhabitants and children to establish and maintain a school, the trustees shall have power to annex such territory to an adjoining district or districts. (As amended by an Act approved June 5, 1911.) 17 § 46. When such division into districts has been made, the trustees of schools may, in their discretion, at the regular meeting in April, change the boundaries of districts situated wholly within the township, so as: First — To divide a district into two or more districts, when petitioned by a majority of the legal voters of the district. Second-^To consolidate two or more districts into one district, when petitioned by a majority of the legal voters of each district. Third — To detach territory from one district and acid the same to an adjacent district, when petitioned by a majority of the legal voters of each district; or, when petitioned by two-thirds of the legal voters residing within the territory described in the petition, asking that such territory be detached from one district and added to an adjacent district. Fourth — To create a new district from territory belonging to two or more districts, when petitioned by a majority of the legal voters of each district; or, when petitioned by two-thirds of the legal voters residing within the territory described in the petition, containing not fewer than ten families, asking that such territory be created into a new district. Fifth — To create a new district by dividing the territory of an exist- ing district, when petitioned by two-thirds of the legal voters residing within the territory described in the petition, containing not fewer than ten families, asking that such territory be created into a new district. § 47. Changes in the boundaries of districts which lie in separate townships, and of districts formed of parts of two or more townships, may be made at the regular meeting of trustees in April, by the con- current action of the several boards of trustees in which the district or districts lie, each board being petitioned, as provided in the preceding section of this Act. § 48. In school districts, whether operating under this Act or under a special charter, the request for a change of boundary may be submitted to the trustees by vote of the people, instead of by petition. The school directors, when petitioned so to do by twenty-five legal voters of the district, shall submit the question of the change desired to the voters of the 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 such election shall be in favor of the change proposed, then, due return of the election having been made to the township treasurer, the trustees of schools shall consider and take action the same as if petitioned therefor by a majority of the legal voters of such district. Such question shall not be so submitted more than once in any year. § 49. A majority of the legal voters of a district lying in two or more townships may secure the dissolution of the district by petitioning the trustees of schools of the several townships, at their regular meeting in April, to add the territory belonging to the district in their township to one or more adjacent districts. Upon receipt of such petition, or the returns of the election, in districts containing one thousand or more — 2 S L 18 inhabitants, the trustees of schools of the several townships shall make such disposition of the territory of the district that lies in their township, and they shall jointly make such division of the property of the district between or among the districts- to which its territory is attached, as provided in the case of the organization of a new district from a part of another district. § 50. If any school district shall, for two consecutive years, fail to maintain a public school as required by law, 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 districts; and, in case the territory is added to two or more district's, to divide the property of the district among the districts to which its terri- tory is added, in the manner provided for the division of property in case of the organization of a new district from a part of another district. § 51. Any city, township or district in which schools are now man- aged under any special Act, may, by vote of its electors, cease to control its schools under such special Act, and becomes part of the school township, or townships, in which it is situated. Upon petition of fifty voters of such city, township or district, presented to the board having the control and management of the public schools, it shall be the duty of such board to cause to be submitted to the voters at the next ensuing election to be held in such city, township or district, the question of "organizing under the general school law." Notice shall be given by posting notices in the five most public places in such city, township or district, at least fifteen days before the date of holding such election, which notices shall be in the following form, to-wit : NOTICE OF ELECTION. Notice is hereby given, that on the day of , 1 , an election will be held at , for the purpose of deciding the question of organizing under the general school law. The polls will be opened at o'clock, ...ra., and closed at o'clock, ...m. (Signed) If it shall appear, upon a canvass of the returns, that a majority of the votes cast at such election are in favor of organizing under the general school law, then the board having the control and management of schools in such city, township or district shall give notice of an election to be held on any Saturday thereafter, according to the provisions of this Act, for the purpose of electing a board of directors or board of education, as the case may require ; but all subsequent elections shall be held on the third Saturday of April annually. § 52. No petition shall be acted upon by the trustees of schools unless such petition shall have been filed with the clerk at least twenty days before the regular meeting in April, nor unless a copy of the petition, with a notice in writing, signed by one or more of the peti- • tioners, shall be delivered by the petitioners, or one of them, at least ten days before the clay on which the petition is to be considered, to the president or clerk of the school directors of each district whose boundaries will be changed if the petition is granted. Such notice may be in the following form, to-wit: 19 NOTICE OF PETITION. The directors in district No , in county, will take notice that the undersigned and others have made and filed with the trustees of schools their petition, a copy of which is herewith handed to you. (Signed). § 53. When a petition shall come before the trustees of schools asking for a change in the boundaries of districts, it shall be the duty of the trustees to ascertain whether the foregoing provisions have been strictly complied with. If it shall appear that they, or either of them, have not been complied with, the board shall adjourn, for not longer than four weeks, in order that the foregoing provisions may be complied with. There shall be but one adjournment for such purpose. § 54. If it shall appear on the day of the regular meeting, or, in case of adjournment, at the adjourned meeting, that such provisions have been complied with, the trustees shall consider the petition, hear any legal voters of the district or districts affected by the proposed change who may appear to oppose the petition, and shall grant or refuse the prayer of the petitioners without unreasonable delay. After the trus- tees of schools have considered the petition, no objection' shall be raised as to its form, and their action shall be prima facie evidence that all requirements have been complied with. § 55. The petitioners, or the legal voters who appear to oppose the change of boundaries, shall have the right of appeal to the county super- intendent of schools. The appellant shall file with the clerk of the trustees a written notice of appeal within ten days after final action by the trustees, which notice may be in the following form, to-wit: NOTICE OF APPEAL. To the trustees of schools of township No. ........ Range No , of county, Illinois : You are hereby notified that the undersigned will appeal from your de- cision made on the day of , 1. . . . ., granting (or refusing) the prayer of the petition in regard to (here give substance of the petition concerned) to the county superintendent of schools of county, Illinois, as provided by law. (Signed) § 56. When an appeal is so taken the clerk shall transmit, within five days after the notice of appeal has been filed, all papers in the case, with a transcript of the records of the trustees showing their action thereon, to the county superintendent of schools. The clerk shall take no further action in the matter, except upon the order of the county superintendent, who shall investigate the case, make such change or changes, or refuse to make them, reversing, if need be, the action of the trustees, and give the clerk immediate notice of his decision; and his action shall be final and binding. If the changes asked by the petitioners be made by the county superintendent, he shall notify, in writing, the clerk by whom the papers in the case were transmitted to him, of his action, and the clerk shall thereupon make a record of the same, and shall, within ten days thereafter, make a copy of the same, and a map 20 of the township 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. § 57. In all cases in which the district affected by a proposed change of boundaries is divided by a county line or lines, the appeal may be taken to the county superintendent of schools of any one of the counties in which the district is partly located; and upon appeal being taken in any such case, the county superintendent of schools to whom such appeal is taken shall forthwith give notice to the county superintendent or superintendents of schools of the other county or counties of the pendency of such appeal, and of the time and place when and where it shall be heard ; and the county superintendents of schools of the counties in which the district is located shall meet at such time and place, and together hear and determine the appeal. In case the county superin- tendents shall be unable to arrive at an agreement, the county judge of the county in which such appeal is pending shall become a member of the board of appeal, by which the appeal shall thereupon be heard and determined. 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 Avere transmitted to him, of the action taken on such appeal, as hereinafter provided. § 58. When a change in boundaries is made by the trustees of schools, and no appeal is taken, the clerk shall make and file with the county clerk for record, within twenty days of the action of the trustees, a copy of the record of such action, certified by the president and the clerk, together with a map of the township showing the districts, and a list of the taxpayers of the newly organized districts. § 59. In case any territory shall be set off from a district that has a bonded debt, the change not being petitioned for by a majority of the legal voters of the district, such original district shall remain liable for the payment of such bonded debt, as if not divided. The directors of the original district, and the directors of the district into which the territory taken from such original district has been incorporated, shall consti- tute 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 district as if it had not been divided. § 60. When the trustees of schools shall organize a new district, it shall be the duty of the clerk of the trustees of schools, if no appeal is taken, to order within fifteen days after the action of the trustees, an election, to be held at a convenient time and place within the boundaries of such newly organized district, for three school directors, notice being given by the township treasurer, who shall post notices of such election in at least three prominent places in the district, at least ten days prior 21 to the time appointed 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 the election, and may be in the following form, to-wit: NOTICE OF ELECTION. Notice is hereby given that on the day of , 1. . ., an election will be held at for the purpose of electing three school directors for the new district known as district No in county, Illinois. The polls will be opened at o'clock m., and closed at o'clock, m. By order of the trustees of schools. (Signed) Township Treasurer. § 61. At the time appointed for opening the polls for such election, the qualified voters present, five of whom shall constitute a quorum, shall appoint two of their number to act as judges and one as clerk. The election, in all other respects, shall be conducted as other elections of school directors. § 62. Within' ten days after the election the directors shall meet at a convenient time and place previously agreed upon by them, and organize by appointing one of their number president and another of their number clerk. At this meeting of the directors they shall cast lots for their terms of office for one, two and three years, respectively. § 63. In case a new district is organized by the action of the county superintendent, the clerk of the trustees of schools shall, within five days after he has received notice of the action of the county superintendent on the appeal, order an election of directors in the new district the same as if the change had been made by the trustees, and such election shall be held in the same manner as the election provided for when the trustees have formed a new district. § 64. When a new district has been formed by the trustees, or by the county superintendent or county superintendents, from a part of a dis- trict or parts of two or more districts, the trustees of the township or townships concerned shall make forthwith a distribution of tax funds, or other funds in the hands of the treasurer, or to which the district may, at the time of such division, be entitled, so that the old and new districts shall receive parts of such funds in proportion to the amount of taxes collected next preceding such division from the taxable property in the territory composing the several districts. If the new districts be composed of parts of two or more districts, the trustees shall make distribution of such funds between the new district and the old districts respectively, so that the new district shall receive a distribution of the 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 township treasurer shall forthwith place the sum so distributed to the credit of the respective districts, and shall immediately 22 place the proportion of the funds to which the new district 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. § 65. When a new district is created, or within thirty days there- after, the trustees of the township or townships concerned shall appoint three appraisers, who shall not be residents of the township or townships interested. It shall be the duty of such appraisers, within thirty days after their appointment, to appraise the school property, real and per- sonal, of the district or districts interested, at their fair cash value. Within thirty days after such appraisement, the trustees of the township or townships concerned shall charge the property to the district in which it may be found, and credit the other districts interested with its pro- portion of such valuation: Provided, however, that the bona fide debts of the old district shall first be deducted and the balance charged and credited as aforesaid ; and the trustees shall direct the treasurer to place to the credit of the district not retaining such property, its proportion of the value thereof, and of the funds then on hand, or subsequently to accrue, belonging to the district to which such property is charged. § 66. The trustees of schools, elected as provided by this Act, shall be the successors to the trustees of schools elected in townships under the provisions of "An Act to establish and maintain a system of free schools," approved May 21, 1889. All rights of property, and rights and causes of action existing or vested in the trustees of schools elected, as aforesaid, for the use of the inhabitants of the township, or any part of them, shall vest in the trustees of schools elected under this Act, as successors, in as complete a manner as was vested in the trustees of schools elected as aforesaid. TOWNSHIP TREASURER. § 67. Within ten days after the annual election of trustees of schools in 1910, and biennially thereafter, the trustees of schools shall elect a treasurer who shall be ex officio clerk of the board, and shall hold his office for two years. The treasurer shall be a resident of the township, but not a trustee or director. It shall be his duty to attend all meetings and keep a record of the official proceedings of the trustees of schools. Such record shall be open to the inspection Of any person interested. All proceedings, when recorded, shall be signed by the president and the clerk. If the clerk shall be absent, or refuse to perform any of the duties of his office, a clerk pro tempore may be appointed. For good and suffi- cient cause the treasurer may be removed from office by the trustees of schools. In case of a vacancy the trustees of schools shall elect a treasurer for the unexpired term. § 68. Before entering upon his duties, the township treasurer shall execute a bond with two or more freeholders, who shall not be trustees as securities, payable to the trustees of schools and conditioned upon the faithful discharge of his duties. The penalty of such bond shall be at least twice the amount of all bonds, notes, mortgages, moneys and 23 effects of which he is to have the custody, and shall be increased from time to time, as the increase of the amount of notes, bonds, mortgages and effects may require, and whenever in the judgment of the trustees or county superintendent the security is insufficient. Such bond shall be approved by at least a majority of the trustees, be delivered by one of them to the county superintendent of schools, and shall be in the following form, to-wit : State of Illinois, 1 j-ss. County. J Enoiv All Men ~by These Presents: That we, A B, C D, and E F, are held and firmly bound, jointly and severally, unto the board of trustees of town- ship , Range , in said county, in the penal sum of dollars, for the payment of which we bind ourselves, our heirs, executors and administrators firmly by these presents. In witness whereof we have hereunto set our hands and seals this day of ,1 The condition of this obligation is such that if A B, treasurer of township , Range , in the county, aforesaid, shall faithfully discharge the duties of his office, accord- ing to law, and shall deliver to his successor in office, after such successor shall have qualified by giving bond as provided by law, all moneys, books, papers, securities and property which shall come into his 'hands or con- trol, as such township treasurer, from the date of his bond up to the time that his successor shall have qualified as township treasurer, by giving such bond as shall be required by law, then this obligation to be void; other- wise to remain in full force and virtue. A B [seal] C D [seal] E F [seal] Approved and accepted by: G H I J K L Trustees. § 69. The township treasurer shall receive in full, for his services, a compensation to be fixed, prior to his election, by the trustees of schools. > § 70. The township treasurer shall be provided by the trustees of schools with a cash book, a loan book, a district account book and a journal. In the cash book he shall enter in separate accounts all moneys received and moneys paid out, with the amount, date, from whom, to whom, and on what account received or paid out ; or, if loaned, the date, to whom, and the amount. Moneys received shall be charged to debit account, and moneys paid out shall be credited as follows : First, to the principal of the township fund; second, to the interest of the township fund; third, to the common school fund and other funds; fourth, to the taxes received from the county or town collector, and for what districts received; fifth, donations; sixth, moneys coming from all other sources; in all cases entering the date when received, and when paid out. In the loan book he shall enter a record of all school funds loaned, with the amount, to whom, date, time, when due, and the rate of interest, the interest paid, and a description of the securities. In the district account book he shall post from the cash book all receipts and expenditures on account of any district, with the amount, date, from or to whom, and 24 from what sources and for what purposes.^ In the journal he shall record at length the acts and proceedings of the trustees of schools, their orders, by-laws and resolutions. The township treasurer shall arrange and keep his accounts in such manner as may be directed by the Superintendent of Public Instruction, the county superintendent of schools or the trustees of schools; and they shall be subject at all times to the inspection of the trustees, the directors or other persons authorized by this Act, or of any committee appointed by the voters of the township at the annual election of trustees to examine the same. § 71. The township treasurer shall be the only lawful depositary and custodian of all township and district school funds, and shall demand, receipt for and safely keep, according to law, all bonds, mortgages, notes, moneys, effects, books and papers of every description belonging to his township. § 72. The township treasurer shall keep the principal of the township fund loaned at interest. The rate of interest, which shall not be less than 4 per cent, nor more than 7 per cent, per annum, payable annu- ally, shall be determined by a majority of the trustees of schools at any regular or special meeting. No loan shall be made for less than one year nor more than five years. All loans shall be secured by mortgage on unincumbered realty situated in this State, worth at least 50 per cent more than the amount loaned, with a condition that in case additional security shall be required at any time it shall be given, to the satisfaction of the trustees of schools. In estimating the value of realty mortgaged to secure the payment of money loaned, the value of improvements liable to be destroyed may be included; but in such case the improvements shall be insured for their insurable value in a responsible insurance company or companies, and the policy or policies shall be transferred to the trustees of schools as additional security, and shall be kept so insured until the loan is paid. Nothing herein shall prevent the township treasurer from investing the principal of the township fund in bonds issued by the State, the Sanitary District of Chicago, counties, townships and cities in this State, and bonds issued by school directors pursuant to section 195 of this Act. When school funds are held by the treasurer of a district created by any special Act, such funds shall be invested according to the provisions of this section. § 73. Mortgages to secure the payment of money loaned under the provisions of this Act may be in the following form, to wit : I, A B, of the county of , State of , do hereby grant, convey and transfer to the trustees of schools of township No. . . ., range No. . . ., 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 T do hereby covenant to pay the above sum of money in years from the date hereof, and to pay the interest on the same annually, at the rate aforesaid. I further covenant that I have a good and valid 25 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 additional 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 covenants 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 nonpayment 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 costs ; and we, A B, and C, wife of A B, hereby release all right to the said premises which we may have by virtue of any homestead laws of this State, and in con- sideration of the premises," C, wife of A B, doth hereby release to said board all her right and title of dower in the aforegranted premises for the purpose aforesaid. In testimony whereof, we have hereunder set our hands and seals this day of , 1 . . . . 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 acknowledgment and recording. § 74. If default be made in the interest due upon money loaned by any township treasurer, or in the payment of the principal, interest at the rate of 12 per cent per annum shall be charged upon the principal and interest from the day of default, which interest shall be included in the -assessment of damages, or in the judgment in the suit or action brought upon the obligation to enforce payment thereof, and interest at the rate of 12 per cent per annum may be recovered in an action brought to recover interest only. The township treasurer is hereby empowered to bring appropriate actions in the name of the trustees for the recovery of the interest, when due and unpaid, without suing for the principal, in whatever form secured. § 75. In all cases in which the trustees of schools 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 instituted for the recovery of the principal and accrued interest to the date of judgment. Proof shall be made of such requisition. § 76. Bonds, mortgages, notes and other securities taken for money or other property due, or to become due, to the trustees of schools for the township, shall be made payable to them in 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, 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. § 77. On or before the 30th day of June, annually, the township treasurer shall deliver to the county superintendent of schools a state- ment, verified by his affidavit, showing the exact condition of the township 26 funds. Such statement shall contain a description of all bonds, mort- gages, notes and other securities held as principal of the township fund, giving names, dates, amounts, rates of interest, when due, and other data necessary to a full understanding of the condition of the funds. § 78. On the first Mondays in April and October of each year the township treasurer shall submit to the trustees of schools a statement showing the amounts of interest, rents, issues and profits on township lands and funds, that have accrued since their last regular meeting, and also the amount of distributive funds on hand. He shall submit also to the trustees for their examination all books, mortgages, bonds, notes and other evidences of indebtedness held by him as treasurer of the township, and shall make such other statements touching the duties of his office as the trustees may require. § 79. The township treasurer shall present to the trustees of schools, at their meeting following the annual 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, the sources from which they have been derived, the deficit and delinquencies, if there be any, and the cause of them, and also a classified statement of moneys paid out, and the amount of obligations remaining unpaid. § 80. The township treasurer shall, within two days after the first Monday of April, and on July 15, annually, prepare 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 A.pril 1 and June 30 of each year. Such statement or exhibit shall show the balance on hand at the time of making the last exhibit, the amount since received, when and from what sources; and also the amount paid out during that time, to whom paid, and for what purpose, and the statement shall be balanced, and the balance shown. It shall be the duty of the treasurer to comply with any lawful demand the trustees may make as to the verification of any balance reported by the 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 be without delay, delivered or transmitted by mail to the clerk of the proper district. § 81. The township treasurer shall pay out no funds of any school district except upon an order of the board of directors, signed by the president and clerk, or by a majority of the board. When an order issued for the wages of a teacher is presented to the treasurer and is not paid for want of funds, the treasurer shall endorse it over his signature, "not paid for want of funds/' with the date of presentation, and shall make and keep a record of such endorsement. Such order shall there- after draw interest at the legal rate until paid, or until the treasurer shall notify the clerk, in writing, -that he has funds to pay such order, and the treasurer shall make and keep a record of such notes, and hold the funds necessary to pay such order until it is presented. Such order shall draw no interest after notice is given to the clerk. § 82. It shall also be the duty of the township treasurer : 27 First — To return to the county clerk, 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 all lawful orders issued by the directors of any district in his township. Third — To collect from the township and county collectors the full amount of taxes levied 'by the directors in his township. Fourth — To examine the official records of each district in the town- ship on the first Mondays in April and October of each year. Fifth — To keep a record account between districts when pupils are transferred from one district to another. Sixth — To give notice of the election of trustees, and in case of the formation of a new school district, of the election of school directors. Seventh — To give notice of any regular or special district election when the directors fail or refuse to do so. Eighth — To publish in some newspaper of his county an annual state- ment of the finances of the township. Ninth — To file all poll books and returns of election delivered to him under the provisions of this Act. § 83. When a district is composed of parts of two or more town- ships, any treasurer not authorized to receive the taxes of such district shall notify the directors of the amount of funds held by him to the credit of such district, and the directors shall thereupon give the proper treasurer an order for such funds. § 84. The township treasurer, at the expiration of his term of office, or upon his removal or resignation, or in case of his death his representatives shall deliver to his successor all moneys, books, mort- gages, notes and securities, and all papers and documents of every de- scription in which the corporation has any lawful interest. TOWNSHIP HIGH SCHOOLS. § 85. Upon the receipt of a petition signed by at least 50 legal voters of any school township, it shall be the duty of the treasurer to give notice of an election to be held at the next regular election of trustees for the purpose of voting "for" or "against" the proposition to establish a township high school. Notice of such election shall be posted in at least ten of the most public places throughout the township for at least ten days before the day of such regular election, and may be in the following form : Notice of Election. Notice is hereby given that on Saturday, the day of April, 19. . . ., 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 will be opened "at o'clock .... m., and closed at o'clock m. A B Township Treasurer. 28 The trustees of schools shall conduct the election, canvass and declare the result. The ballots shall be in substantially the following form, to-wit : For the establishment of a township high school. Against the establishment of a township high school. The voter shall make an X or cross mark in the square following and opposite the proposition favored, and the ballot shall be so counted. (As amended by an Act approved June 6, 1911.) § 86. If a majority of the votes cast shall be in favor of establishing a township high school it shall be the duty of the treasurer to call a special election on any Saturday within sixty days for the purpose of electing a township high school board of education, to consist of five members, notice of which election shall be given for the same time and in the same manner as provided in the election of trustees of schools. 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, two for two years and one for three years from the second Satur- day of April next preceding their election. At the expiration of the term of office of any member or members, a successor or successors shall be elected, each of whom shall serve for three years, which subsequent election shall be held od the second Saturday in April. In case of a vacancy the board of education shall call an election without delay, to be held on any Saturday. Within ten days after their election the members of the township high school board of education shall meet and organize by electing one of their number president, and by electing a secretary. It shall be the duty of such high school board of education to establish, at some central point most convenient to a majority of the pupils of the township, a high school for the education of the more advanced pupils. (As amended by an Act approved June 6, 1911.) § 87. Two or more adjoining townships, or two or more adjoining school districts, whether in the same or different townships, may, upon petition of at least fifty legal voter? in each of the townships or school districts, or if a school district contains fewer than 150 voters, then by at least one-third of the legal voters of such district, and upon an affirmative vote in each of such townships or districts, at an election held pursuant to the provisions of section 85 of this Act, establish and main- tain in the manner provided for township high schools, a high school for the benefit of the inhabitants of the territory described in such petition. § 88. The inhabitants of any territory composed of parts of adjoin- ing townships may create such territory into a high school district by a petition signed by at least 50 legal voters and an affirmative vote in such territory, and may elect a board of education therefor, as in other 29 high school districts. When part of a township has been included in any high school district pursuant to any of the provisions of this Act, the remainder of such township, not included in any high school dis- trict, shall constitute a township for high school purposes. (As amended by an Act approved June 5, 1911.) § 89. Any school district having a population of two thousand in- habitants or more may, in the manner herein provided for establishing and maintaining a township high school, establish and maintain a high school for the benefit of the inhabitants of such school district, and elect a board of education therefor with the same powers conferred on township high school boards of education. The territory of such district when so organized for high school purposes shall constitute a high school district for high school purposes distinct and separate from the common school district having the same boundaries, and the high school board of education of such high school district shall have the same power to levy taxes and establish and maintain high schools as township high school boards of education organized under this Act possess, and such taxes shall be in addition to the taxes authorized to be levied by section 189 of this Act. All school districts which have heretofore organized under this section, elected a high school board of education, and are maintaining a high school, shall be regarded as high school districts distinct and separate from the common school district having the same boundaries, and the high school board of education of such high school district shall have the same power of taxation as township high school boards of education organized under this Act. A township or part of a township in which there i* no township high school may be annexed to an adjacent high school district organized under this section in the same manner as near as may be as is provided in sections 94, 95 and 96 of this Act for the annexation of territory to a township in which a high school has been established § 90. When any city in this State having a population of not less than one thousand and not exceeding one hundred thousand inhabitants lies within two or more townships, that township in which a majority, of the inhabitants of the city reside shall, with the city, constitute under this Act a school township for high school purposes. § 91. 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 provisions of this Act, shall be regarded as a school district, and the board of education thereof shall, in all respects, have the power and discharge the duties of school directors for such district. § 92. When any district desires to discontinue the high school, the treasurer, upon petition of a majority of the legal voters of the district filed at least fifteen days preceding the regular election of trustees of schools with the treasurer of such district, shall give notice of an elec- tion, to be held on the day of the regular election of trustees, for the purpose of voting "for" or "against" the proposition to discontinue the township high school, which notice shall be given in the same manner and for the same length of time, and in substantially the same form, as 30 the notice provided for in section 85 of this Act. The ballots for such election shall be canvassed in the manner provided for in section 85 of this Act. If a majority of the votes cast at such election shall be in favor of discontinuing the high school, the trustees of schools shall surrender the assets of the high school to the district fund of the town- ship or townships interested in proportion of the assessed valuation of the townships or parts of the townships comprising such district. § 93. When any township in any county under township organization shall contain two political towns divided by a navigable stream as recog- nized by the United States, each of which shall contain a city of not less than one thousand nor more than one hundred thousand inhabitants, each town shall constitute a township under this Act for high school purposes. § 94. A township or part of a township in which there is no township high school may be annexed, in the manner hereinafter provided, to an adjacent township in which a township high school' has been established. Upon petition of 5 per cent of the legal voters of the territory to be annexed, and of the township to which annexation is desired, filed with the treasurers of the respective townships at least fifteen days preceding the regular election of trustees of schools, the respective treasurers shall give notice to the voters concerned that an election for or against annexing the township, or part of a township, as the case may be, will be held at the next regular election of trustees of schools in each township, by posting notices of such election in at least ten of the most public places in the territorv to be annexed, and in the adjacent township at least ten days before the date of such regular election. Such notice may be in the following form, to wit: HIGH SCHOOL ANNEXATION. Notice is hereby given that on Saturday, the day of April, 1 , an election will be held at for the purpose of voting "for" or. "against" the proposition to annex for township high school purposes the following territory, to-wit: (Here insert the number and range of the township when the whole of the township is to be annexed, or when part of a township is to be annexed insert the said part of said township), to township number , range number (Township having an established high school). The polls will be opened at o'clock, m., and closed at o'clock, m. A B Treasurer. When less than the whole of a township is to be annexed, only the voters in the territory to be annexed shall have the right to vote^ and the trustees of schools shall provide a voting place for that territory and the judges and clerks of such election. § 95. If petitions request the township treasurers, respectively, to submit said questions at a special election, it shall be the duty of the township treasurers to call the respective elections, as provided in the foregoing sections, for some day and hour not exceeding thirty days from the date of the filing of the petition ; and to give at least ten days' notice of the election, in which event the polls of the election shall be open in at least two polling places and for at least four consecutive hours, and the polling places in the respective townships shall be desig- nated and fixed by the treasurers respectively. If a majority of the votes cast in the township having an established high school, and a majority of the votes cast in the territory to be annexed, shall be in favor of the proposition, the township or territory, as the case may be shall be and become so annexed, and the property in such township or territory shall thereafter be subject to taxation for the support and maintenance of the township high school, including the payment of any bonded indebtedness of such township high school, and interest thereon there- after falling due, as fully and to the same extent as is provided by law for the levying of taxes upon property for the support and mainte- nance of township high schools. The taxes collected from such township or territory annexed for the support and maintenance of a township high school shall be paid by the officer collecting the same to the township treasurer of the township having the established high school. § 96. Such election shall be held in the manner provided by law for the holding of elections for township trustees of schools, and the ballots of such election shall be canvassed, and the returns thereof made as in other school elections. If a majority of the votes cast shall be in favor of the proposition, it shall be the duty of the township treasurer of the township which is annexed, or part thereof, as the case may be, to file a certificate with the county clerk of the county in which such township is located, or if such township is situated in more than one county, with the respective clerks of such counties, certifying to the territory so annexed and giving a description thereof. § 97. Upon the petition of not less than fifty voters of any high school district, filed with the township treasurer at least fifteen days preceding the regular election of members of the board of education for such high school district, it shall be the duty of the treasurer to notify the voters of such district that an election "for" or "against" the establishment of a manual training department for such 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 through- out the township for at least ten days before the day of such regular election, which notice may be in the following form, to wit: HIGH SCHOOL ELECTION. Notice is hereby given that on Saturday, the day of April, 1 , 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 The polls will be opened at o'clock, m., and closed at o'clock, m. , Township Treasurer. The ballots for such election shall be canvassed as in other elections, and may have on them the names of the persons voted for at such elec- tion. If a majority of the votes cast shall be in favor of establishing a manual training department for the high school in such 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. 32 COUNTY NORMAL SCHOOLS. § 98. In each county adopting township organization, the board of supervisors, and in other counties the county court, may establish a county normal school for the purpose of fitting teachers for the common schools. They shall be authorized to levy taxes and appropriate moneys for the support of said schools, and also for the purchase of necessary grounds and buildings, furniture, apparatus, etc., and to hold and acquire, by gift or purchase, either from individuals or corporations, any real estate, buildings or other property, for the use of said schools, said taxes to be levied and collected as all other county taxes : Provided, however, that in counties not under township organization, county courts shall not be authorized to proceed under the provisions of this Act until the subject shall have been submitted to a vote of the People, at a general election, and it shall appear that a majority of all the votes cast on the subject, at said election, shall be in favor of the establishment of a county normal school. The ballots used in voting on this subject may read: "For a county normal school," or "against a county normal school." § 99. The management and control of said school shall be in a county board of education, consisting of not less than five nor more than eight persons, of which board the chairman of the board of super- visors, or the judge of the county court, as the case may be, and the county superintendent of schools, shall be ex officio members. The other members shall be chosen by the board of supervisors or county court, and shall hold their offices for a term of three years. But at the first election one-third shall be chosen for one year, one-third for two years, and one-third for three years, and thereafter one-third shall be elected annually. Said elections shall be held at the annual meeting of the board of supervisors in September, or at the September term of the county court, as the case may be. § 100. Said board of education shall have power to hire teachers, and to make and enforce all needful rules and regulations for the man- agement of said schools. A majority of the board shall constitute a quorum for the transaction of business, and a meeting of the board may be called at any time by the president or secretary, or by any three of the members thereof. Said board shall proceed to organize within twenty days after their appointment, by electing a president, who shall hold his office for one year. The county superintendent shall be ex officio secretary of the board. Said board shall make to the board of supervisors at their annual meeting in September, or to the county court at the September term, as the case may be, a full report of the condition and expenditures of said county normal school, together with an estimate of the expenses of said school for the ensuing year. § 101. Two or more counties may unite in establishing a normal school, in which case the per cent of tax levied for the support of said school shall be the same in each county. § 102. In all counties that have already established normal schools, the action of the board of supervisors in so doing, and all appropria- tions made by them for their support, are hereby legalized, and said 33 board of supervisors are hereby authorized and empowered to make further appropriations for the support of such school already established, until such schools have been established under the previous sections of this Act. SCHOOL DIRECTORS. § 103. In all school districts having a population of fewer than one thousand inhabitants, and not governed by any special Act. there shall be elected a board of directors to consist of three members. § 104. The directors of each district shall be a body politic and cor- porate, by the name of "school directors of district No county of and State of Illinois/' and by that name may sue and be sued in all courts and places where judicial proceedings are had. § 105. Any person not a treasurer, or a. trustee of schools, who has attained to the age of 21 years, who is a resident of the school district and able to read and write the English language, shall be eligible to the office of school director. § 106. The annual -election of school directors shall be on the third Saturday of April. At the first regular election of directors after the passage of this Act, a successor to the director whose term of office then expires shall be elected, and thereafter one director shall be elected in each district, annually, who shall hold his office for three years. When vacancies occur by removal from the district or otherwise, the remain- ing director or directors shall, without delay, order an election to fill such vacancies, which election shall be held on Saturday. § 107. Notice of all elections in organized districts shall be given by the directors at least ten days previous to the day of election. Such notice shall be posted in at least three of the most public places in the district, 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 submitted, and may be in the following form, to wit: NOTICE OF EECTION. Notice is hereby given that on Saturday, the day of April, 1 , an election will be held at ' for the purpose of electing school director for the district No in county. . The polls will be opened at o'clock, m., and closed at o'clock, m. Dated this day of , 1 . . . . A B President, C D Clerk. Should the directors fail or refuse to order any regular or special election, it shall be the duty of the township treasurer, or if the town- ship treasurer fails to do so, of the county superintendent, to order such election within ten days. § 108. Two of the directors ordering an election shall act as judges, and one as clerk. If the directors, or any of them, shall fail to attend an election, or shall refuse to act when present, and in elections to fill vacancies, the legal voters assembled shall choose such additional mem- — 3 S L 34 bers as may be necessary to act as judges and clerk of the election. If the directors or judges shall be of the opinion that on account of the small attendance of voters the public good requires it, or if a majority of the voters present desire it, they shall postpone the election until the next Saturday, at the same time and place. If notice shall not have been given as required, the election shall be held on any Saturday, notice being given as required by law. In case of a tie, the judges shall decide the vote by lot on the day of election. § 109. Within ten days after the election, the judges shall cause the poll book to be delivered to the township treasurer, with a certificate showing the election of directors and the names of the persons elected; which poll book shall be filed by the treasurer, and shall be evidence of the election. In a district divided by a township line the poll books shall be returned to the treasurer who receives the taxes of the district. § 110. Within ten days after the annual election, the directors shall meet and organize by appointing one of their aumber president, and another of their number clerk. The clerk shall at once report to the proper treasurer or treasurers the names of the president and clerk so appointed. § 111. The directors shall hold regular meetings at such times as they may designate, and special meetings at the call of the president or any two members. Xo official business shall be transacted by the direc- tors except at a regular or a special meeting. Two directors shall con- stitute a quorum for the transaction of business. If the president or clerk be absent from any meeting, or refuse to perform his official duties, a president or a clerk pro (rm/iorc shall be appointed. § 112. The clerk shall keep in a punctual, orderly and reliable manner, a record of the official acts of the board which shall be signed by the president and the clerk, and submitted to the township treasurer for his inspection and approval on the first Mondays of April and October, and at such other times as the treasurer may require. On all questions involving the expenditure of money, the yeas and nays shall be taken and entered on the records of the proceedings of the board. § 113. On or before the seventh day of July, annually, the clerk shall report to the treasurer having the custody of the funds of his dis- trict, such statistics and other information in relation to the schools of his district as the treasurer is required to include in his report to the county superintendent of schools. § 114. The board of directors shall have the following additional duties : First — To make, at the annual election of directors, to the voters there present, a detailed report of receipts and expenditures, and trans- mit a copy of the same within five days to the township treasurer. Second — To report to the county superintendent within ten days the names of all teachers employed., with the dates of the beginning and end of their contracts. Third — To provide for the revenue necessary to maintain schools in their district. 35 Fourth — To determine, in case of a district composed of parts of two or more townships, which treasurer is to receive the taxes of the district, and to notify the collectors in writing accordingly. Fifth — To adopt and enforce all necessary rules and regulations for the management and government of the public schools of their district. Sixth — To visit and inspect the public schools as the good of the schools may require. Seventh — To appoint all teachers and fix the amount of their sal- aries. 'Eighth — To direct what branches of study shall be taught, what text books and apparatus shall be used, and to enforce uniformity of text books in the public schools ; but they shall not permit books to be changed oftener than once in 'four years. Ninth — To establish and keep in operation for at least six months in each year, and longer if practicable, a sufficient number of free schools for the accommodation of all persons in the district over the age of six and under twenty-one years, and to secure for all such persons the right and opportunity to an equal education in such schools. Tenth — To purchase, at the expense of the district, a sufficient num- ber of text books used to supply children whose parents are unable to buy them. Such text books shall be loaned only, and the directors shall require the teacher to see that they are properly cared for and returned at the end of each term of school. Eleventh — To deliver to the township treasurer on or before the seventh day of July, annually, all teachers' schedules made and certified as required by law. Twelfth — To pay no public money to any teacher unless such teacher at the time of his or her employment shall have held a certificate of qualification obtained under the provisions of this Act, and shall have kept and furnished schedules as required by this Act, and shall ha\ 7 e satisfactorily accounted for books, apparatus and other property of the district that he may have taken in charge. Thirteenth — To cause a copy of the township treasurer's report of the financial condition of the district to be entered upon the records of the district, and to post the same at the front door of the building where the annual election of directors is held. § 115. The board of school directors shall be clothed with the fol- lowing powers : First — To purchase a suitable book for their records. Second— To allow the clerk a reasonable compensation for his ser- vices, payable out of money not otherwise appropriated. Third — To dismiss a teacher for incompetency, cruelty, negligence, immorality or other sufficient cause. Fourth — To assign pupils to the several schools in the district; to admit non-resident pupils when it can be done without prejudice to the rights of resident pupils; to fix rates of tuition, and to collect and pay the same to the township treasurer for the use of the district. 36 Fifth — To suspend or expel pupils guilty of gross disobedience Or mis-conduct, and no action shall lie against them for such expulsion or suspension. Sixth — To provide that children under twelve years of age shall not be kept in school more than four hours daily. Seventh — To appropriate school funds for the purchase of libraries and apparatus, after provision has been made for the payment of all necessary school expenses. Eighth — To sell at public or private sale any personal property be- longing to the school district, and not needed for school purposes. Ninth — To grant special holidays whenever in their judgment such action is advisable, but no deduction shall be made from the time or compensation of a teacher on account of such days. Tenth — To have the control and supervision of all public school houses in their district, and to grant the temporary use of them, when not occu- pied by schools, for religious meetings and Sunday schools, for evening schools and literary societies, and for such other meetings as the direc- tors may deem proper. Eleventh — To decide when a site or building has become unnecessary, unsuitable, or inconvenient for a school. Twelfth — To borrow money, and issue bonds for. the purposes and in the manner provided by this Act. Thirteenth — To furnish each school with a flag and staff, as provided by law. Fourteenth — To establish 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. Fifteenth — To establish classes for the instruction of deaf children over the age of three and under twenty-one years : Provided, however, that no person shall be employed to teach the deaf who shall not have received instruction in the methods of teaching the deaf for a term of not less than one. year. Sixteenth — To establish kindergartens for the instruction of children between the age of four and six years, when authorized by a majority of the votes cast at an election held for that purpose under the pro- visions of section 198 of this Act : Provided, however, that the tuition or other expenses of such kindergartens shall be defrayed from the local tax and from the special school revenue of the district : And, pro- vided, further, that no one shall be employed to teach in a kindergarten who does not hold a certificate issued as provided by law certifying that the holder has been examined upon kindergarten principles and is com- petent to teach the same. § 116. Every order issued by the school director shall state for what purposes or on what account it is issued, and shall be in the fol- lowing form, to wit: 37 $ . State of Illinois, , 1 . . . THE TREASURER OF TOWNSHIP. No Range No , in County, Pay to the order of the sum of Dollars, 100 for By order of the Board of Directors of District No in said County. President, Clerk. Order No. An order paid in full and properly indorsed shall be a sufficient re- ceipt for the purposes of this Act. The school directors shall issue no order, except for teachers' wages, unless at the time there are sufficient funds in the hands of the treasurer to pay it. § 117. When there is no money in the treasury to defray the or- dinary and necessary expenses of the district, the directors may issue warrants against and in anticipation of any taxes levied for the payment of the ordinary and necessary expenses of the district, to the extent of 75 per cent of the total amount of the tax levied. Such warrants shall show upon their face that they are payable solely from the taxes when collected, and shall be received by any collector of taxes in payment of the taxes against which they are issued. And such taxes shall be set apart and held for their payment, § 118. The directors shall pay the wages of teachers monthly. Upon the receipt of a schedule properly certified the directors shall forth- with issue and deliver to the teacher an order on the township treasurer for the amount named in the schedule. Such order shall state the rate and time for which the teacher is paid. It shall not be lawful for the directors to issue 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, when such schedule is for time taught before the first of July pre- ceding, nor to give an order in payment of a teacher's wages for the time covered by such delinquent schedule. § 119. 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, without a vote of the people at an election called and conducted as required by section 198 of this Act. A .majority of the votes cast shall be necessary to authorize the directors to act. If no locality shall receive a majority of the votes, the directors may select a suitable site. The site selected by either method shall be the school site for such district. § 120. In case the compensation for the school house site cannot be agreed upon, it shall be the duty of the directors to have such compensa- tion determined in the manner provided by law for the exercise of the 38 right of eminent domain : Provided, however, that no tract of land out- side the limits of any incorporated city or village, and within forty rods of the dwelling of the owner of the land, shall be taken for a school site without the owner's consent. , § 121. Pupils may be transferred from one district to another upon the written consent of a majority of the directors of each district, which written consent shall be filed with the treasurer and shall be evidence of such consent. The duty of collecting the amount due on account of pupils transferred shall devolve upon the directors of the district in which the school was taught. Whenever the number of children between the ages of 6 and 16 years in any district school shall be fewer than six, it shall be lawful for the directors of such district to arrange for the transfer of pupils and, when necessary, provide free transportation for them to a neighboring school. Such transfer and free transportation shall be held to be a compliance with paragraph 9 of section 114 of this Act, entitling the said district to receive its share of the funds distributed in accordance with section 35 of this Act. (As amended by an Act approved June 2, 1911.) BOARDS OF EDUCATION. § 123. In all school districts having a population of not fewer than one thousand and not more than one hundred thousand inhabitants, and not governed by special Acts, and in such other districts as may hereafter be ascertained by any special or general census to have such population, there shall be elected a board of education to consist of a president, six members and three additional members for every additional ten thousand inhabitants: Provided, however, that in no case shall such board consist of more than fifteen members. When such board of education is the successor of the school directors, all rights of property, and all rights regarding causes of action existing or vested in such direc- tors, shall vest in it as fully and completely as they were vested in the school directors. § 124. Incorporated cities and villages,, except such as have con- trol of schools by special Acts, shall remain parts of the school townships in which they are situated and be subject to the provisions of this Act. § 125. The president of the board of education shall be elected an- nually, at the time the members of the board are elected, and shall hold his office for the term of one year, he shall preside at all meetings, but shall have no vote except in case of a tie. He shall perform such duties as are imposed by law upon presidents of boards of directors, or such as may be imposed upon him by the board of education. § 126. The election of boards of education shall be governed by the provisions of this Act relating to the election of boards of directors : Provided, however, that boards of education shall have power to estab- lish a suitable number of voting precincts, and fix the boundaries there- of for the accommodation of the voters of the district in which such election is held, in each of which voting precincts there shall be one poll- 39 , ing place designated by the board. Whenever the board of education shall establish more than one voting precinct for such election they shall appoint two judges and one clerk for each polling place, assigning so far as practicable at least one member of such board to each polling place. When the time for the election of members of boards of educa- tion or boards of inspectors is fixed by virtue of any special Act, such election may be held at the time provided for the election of school directors. § 127. The board of education shall have all the powers of school directors, be subject to the same limitations, and, in addition thereto, they shall have the power, and it shall be their duty : First — To establish and support free schools for 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 by examinations supplemental 'to any other examinations, and to employ teachers and fix the amount of their salaries. Fourth — To establish schools of different grades, to adopt regulations for the admission of pupils into the same, and to assign pupils to the several schools. Fifth — To buy or lease sites for school houses with the necessary grounds : Provided, however, that it shall not be lawful for such board of education to purchase or locate a school house site, or to purchase, build or move a school house, unless authorized by a majority of all the votes cast at an election called for such purpose in pursuance of a petition signed by not fewer than five hundred legal voters of such district, or by one-fifth of all the legal voters of such district : And, provided, further, that if no locality shall receive a majority of all the votes cast at such election, the board of education may, if, in their judgment, the public interest requires it, proceed to select a suitable school house site; and the site so chosen by them in such case shall be legal and valid the same as if it had been determined by a majority of all the votes cast ; and the site so selected 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 con- demnation or otherwise: And, provided, further, that all school house sites heretofore located or selected by boards of education in cases in which at an election duly called and held as herein provided, no site received a majority of the votes cast, are hereby legalized and made valid school house sites in and for the district for which they were so located and selected. Sixth — To levy a tax to extend schools beyond a period of ten months, in each year, upon a petition of a majority of the voters of the district. Seventh — To employ a competent superintendent who may be required to act as principal or teacher in such schools. Eighth — To divide the district into sub-districts, to create new ones, and to alter or consolidate them. 40 Ninth — To dismiss and remove any teacher, whenever in their opinion he is not qualified to teach, or whenever in their opinion the interests of the school may require it. Tenth — To apportion the pupils to the several schools. Eleventh — To appoint a secretary who shall keep a faithful record of all their proceedings. Twelfth — To prepare and publish annually in some newspaper, or in pamphlet form, a report including the school attendance in the year preceding, the program of studies, the number of persons between the ages of 12 and 21 unable to read and write, and a statement of the receipts and expenditures, with the balance on hand. Thirteenth — To request the trustees of schools, in writing, to convey any real estate or interest therein used for school purposes, or held in trust for schools. PENSION FUND. § 127a. The board of education may establish and maintain a teachers' pension and retirement fund. Said board of education of said district shall cause to be elected a board of management for the purpose of carrying out the provisions of this Act. Said board of man- agement shall consist of either three or nine members, as said board of education shall determine. Two-thirds of the membership of said board of management shall consist of members of the active teaching force of said district, who are contributors to said pension and retirement fund and they shall be elected by the members of the active teaching force of said district who are contributors to said pension and retirement fund, in such manner and for such terms as said board of education shall determine. One-third of the membership of said board of management shall consist of members of the board of education, to be selected by such board of education for such terms as said board may determine. (Added by an Act approved June 6, 1911.) § 127b. The teachers' pension and retirement fund shall consist of moneys contributed by teachers desiring its benefits under the provi- sions of this Act; of moneys received from donations, legacies, gifts, bequests and otherwise, and of moneys paid into said fund in pursuance of any law now in force or hereafter enacted. (Added by an Act ap- proved June 6, 1911.) § 127c. The board of education shall have charge of such fund and shall invest the same in the manner prescribed by section 72 of this Act, and shall have power to make payments from such fund of pensions and annuities granted in pursuance of this Act; and shall adopt such by-laws, rules and regulations for administering the fund as it shall deem advisable. (Added by an Act approved June 6, 1911.) § 127d. Any person who shall be employed to teach in the public schools of the district after this Act shall take effect shall be entitled to the benefits of the fund upon complying with the provisions of this Act. and for the purpose of this Act such persons shall be divided into the following classes : First — Those who have taught five years or fewer than five years. 41 Second — Those who have taught more than five years and not more than ten years. Third — Those who have taught more than ten years and not more than fifteen years. Fourth — Those who have taught more than fifteen years. After this Act shall take effect, there shall be set apart from the salaries .of all persons in the employ of the board of education as teachers, $5.00 per annum while they remain in the first class; $10.00 per annum while they remain in the second class; $15.00 per annum while they remain in the third class, and $30.00 per annum while they remain in the fourth class, which amounts shall be deducted by the board of educa- tion in equal installments from their respective salaries at the regular times for the payment thereof, and be paid into and constitute a part of the teachers' pension and retirement fund of the district. (Added by an Act approved June 6, 1911.) § 127e. Teachers who become contributors to and beneficiaries of the pension and retirement fund, under any provisions of this Act, may count past services as a part of the period of twenty-five years herein- after specified, by paying into the fund a sum equal to that which he or she would have contributed under the provisions of this Act, had he or she been a regular contributor to said fund during said period of past service, together with interest thereon at the rate of 4 per centum per annum from the time such payments would have been made to the time such person shall, by making such payment, become entitled to the benefits of such past service. (Added by an Act approved June 6, 1911.) § 127f. The board of management shall adopt a resolution declaring the maturity of service and right to the immediate benefits of the fund in favor of persons entitled to the benefits thereof in the following cases : First — When any such persons shall have taught in the public schools for a period of twenty-five years within the meaning of this Act. Second — When any contributor to the fund shall have taught fifteen years in the public schools within the meaning of this Act and shall have been declared by three competent physicians, who have made a physical examination of the teacher, at the request of the board of man- agement, to be suffering from a permanent disability : Provided, how- ever, that the board of management shall not declare any contributor entitled to the immediate benefits of the fund until he or she shall have taught in the public schools of the district three-fifths of the term of service of twenty-five or fifteen years, as the case may be : And, pro- vided, further, that no person shall be entitled to the benefits of the fund until he or she shall have retired from service as a teacher. (Added by an Act approved June 6, 1911.) § 127g. Each teacher so retired or retiring after twenty-five years of service shall be entitled thereafter to receive an annuity, of not to exceed $400.00, and each teacher so retired because of permanent disability after fifteen years of service shall receive as an annual pension such proportion of the full annuity of $400,00 as the sum contributed by 42 such teacher so retired hears to the total contributions required for a full annuity. Pensions and annuities shall be paid monthly during the school year out of the fund created in accordance with the provisions of this Act, in the manner provided by law for the payment of the salaries of teachers. (Added by an Act approved June 6, 1911.) § 127h. The president and secretary of the board of education shall certify monthly to the treasurer all amounts deducted from the salaries of teachers, special teachers, principals and superintendents, in accord- ance with the provisions of this Xct, which amounts, together with all other moneys contributed to the fund, shall be set apart and held by the treasurer of the district as a special fund for the purposes herein specified, and shall be paid out on recommendation of the board of management upon warrants signed by the president and secretary of the board of education. (Added by an Act approved June 6, 1911.) § 127i. The treasurer of the district shall be ex officio the custodian of the pension and retirement fund and shall hold the same subject to the control and direction of the board of education, in accordance with the provisions of this Act. The treasurer shall keep his books and accounts concerning such fund in the manner prescribed by the board of education and his books and accounts shall be subject to the inspec- tion of the board or any member thereof. The treasurer shall be liable on his official bond for the proper performance of his duties and the conservation of the fund created by this Act. Any legal proceedings which may be necessary for the enforcement of the provisions of this Act shall be brought by and in the name of the board of education for the use of the pension and retirement fund. (Added by an Act ap- proved June 6, 1911.) § 127 j. If, at any time, a teacher who is willing to continue is not reemployed or is discharged before the time he or she would be entitled to a pension under the provisions of this Act, then such teacher shall be refunded the money he or she may have contributed. Any teacher who shall retire voluntarily from the service prior to entering the fourth class shall receive a refund of one-half the money he or she will have contributed. (Added by an Act approved June 6, 1911.) § 127k. All persons who shall be employed as teachers by the board of education shall accept the provisions of this Act by such employment, and thereupon become contributors to the pension and retirement fund in accordance with the terms thereof. And the provisions of this Act shall become a part of and enter into any such contract of employment. (Added by an Act approved June 6, 1911.) § 1271. All pensions or annuities granted under the provisions of this Act, and every portion thereof, shall be exempt from attachment or .garnishment process, and shall not be seized, taken, subjected to, detained or levied upon by virtue of any execution, or any process or proceedings whatsoever issued out of or by any court in this State for the payment of satisfaction in whole or in part of any debt, claim, damage, demand pr judgment against any pensioner hereunder, and no annuitant or pen- 43 sioner shall have the right to transfer or assign his or her pension or annuity, or any part thereof, either by way of mortgage or otherwise. (Added by an Act approved June 6, 1911.) § 127m. The treasurer shall not be entitled to retain any interest accruing from the pension and retirement fund, but such interest shall be covered into such fund, become a part thereof and be subject to the purposes of this Act. The treasurer shall also set aside annually all interest accruing from the district funds of the district, whether levied for educational or building purposes, and shall add such interest to the pension and retirement fund. (Added by an Act approved June 6, 1911.) § 127n. In any school district where there is not sufficient revenue to maintain a teachers' pension fund under the foregoing sections, such school district may, by a majority vote, establish a fund for the retire- ment of teachers who are over 50 years old and who have faithfully served such district for twenty-five years. The fund shall be derived from such revenues as may be devoted to the purpose by the directors of a district or by direct appropriation by a town. The amount of the annual pension allowed to any person under the provisions of this section shall not exceed one-half the annual compensation received by such person at the time of retirement and in no case shall exceed four hun- dred dollars. (Added by an Act approved June 6, 1911.) BOARDS OF EDUCATION IN CITIES OF ONE HUNDRED THOUSAND. § 128. In cities having a population exceeding 100,000 inhabitants, the board of education shall consist of twenty-one members, to be appointed by the mayor, by and with the advice and consent of the common council, seven of whom shall be appointed for the term of one year, seven for the term of two years, and seven for the term of three years. At the expiration of the term of any members of said board, their successors shall be appointed in like manner and shall hold their office for the term of three years. Any vacancy which may occur shall be filled by appointment of the mayor, with the approval of the common council, for the unexpired term. § 129. Any person having resided in any such city more than five years next preceding his appointment shall be eligible to membership of such board of education. § 130. The board of education shall appoint one of its members president. It shall also appoint a secretary and such other officers and employes as it shall deem necessary, and shall prescribe their duties, compensation and terms of office. § 131. The board shall provide books in which shall be kept a faith- ful record' of all their proceedings. The yeas and nays shall be taken and entered on the records of the proceedings of the board upon all questions involving the expenditure of money. § 132. The 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 : 44 First — To erect or purchase buildings suitable for school houses, and keep the same in repair. Second — To buy or lease sites for school houses with the necessary grounds. If the 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 such site in the manner provided by law for the exercise of the right of eminent domain. Such proceedings to condemn shall be in the name of the city in trust for the use of schools. Third — To issue bonds for the purpose of building, furnishing and repairing school houses, for purchasing school sites, and to provide for the payment of such bonds; and to borrow money for school purposes upon the credit of the city. § 133. 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 from taxes the inadequacy of the school funds for the salaries of teachers. Third To hire buildings or rooms for the use of the board or of schools. Fourth To employ teachers and fix the amount of their compensation. Fifth To prescribe the school books to be used, and the studies in the different schools. Sixth — To divide the city into school districts, and to alter them and create new ones as circumstances 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. Seventh— To expel any pupil guilty of gross disobedience or mis- conduct. Eighth — To dismiss and remove any teacher for cause in the manner provided in section 161 of this Act. Ninth — To apportion the pupils to the several schools. Tenth — To lease school property and to lend moneys belonging to the school fund. Eleventh — 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 impose. § 134. It shall be the duty of the board of education : First — To superintend and control 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 gra- tuitously. Third — To visit all the public schools as often as once a month. Fourth — To establish such by-laws, rules and regulations for the establishment, maintenance and government of a proper and uniform system of discipline in the several schools as may in their opinion be necessary. 45 Fifth — To determine from time to time how many and what class of teachers may be employed in each of the public schools, and to 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 they 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 establish and maintain vacation schools and play grounds under such rules and regulations as it shall prescribe. Ninth — To inquire into the progress of pupils and the government of the schools. Tenth — To prescribe the method and course of discipline and instruc- tion in the respective schools, and to see that they are maintained and pursued in the proper manner. Eleventh — To prescribe what studies shall be taught, and what books and apparatus shall be used. Twelfth — 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 generally to recommend the establishment of new schools and districts. Thirteenth — 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. Fourteenth — To communicate to the city council, from time to time, such information as may be required. § 135. None of the powers herein conferred upon the board of education of such- cities shall be exercised except at a regular meeting. § 136. All conveyances of real estate shall be made to the city and the title of all property acquired by condemnation shall be vested in the city, in trust for the use of 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 the board of education. § 137. All moneys raised by taxation for school purposes or received 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 education, upon warrants to be countersigned by the mayor and city comptroller, or, if there be no city comptroller, by the city clerk. § 138. The 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 the board shall add to such expenditure, the city shall not, in any case, be liable therefor. And nothing herein contained shall be construed so as to authorize the levy or collection of any tax upon the demand or under the direction of the board of education. 46 # § 139. All schools in such cities shall be governed as herein provided and no power given to the board of education shall be exercised by the city council of such cities. PARENTAL SCHOOLS. § 140. In cities having a population of 100,000 inhabitants or more, there shall be established, maintained and conducted, one or more parental or truant schools for the purpose of affording a place of confine- ment, discipline, instruction and maintenance of children of compulsory school age who may be committed thereto in the manner hereinafter provided. § 141. 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 institu- tion. 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. § 142. The board of education may also employ a superintendent and all other necessary officers, agents and teachers; and shall prescribe the methods of discipline and the course of instruction; and shall exer- cise the same powers and perform the same duties as are prescribed by law for the management of other schools. § 143. No religious instruction shall be given in such school except such as allowed by law to be given in public schools; but 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 elsewhere. § 144. 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 attending school, and who has been guilty of habitual truancy, or persistent viola- tion 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 found in the county, or if their names cannot be ascertained, then the name of the guardian, if there be one known; and if there be a parent living whose name can be ascertained, or a guardian, the petition shall' show whether or not the father or mother or a guardian consents to the commitment of such child to such parental or truant school. Such petition shall he verified by oath upon the belief of the petitioner, and upon being filed the judge of the county or circuit court shall have the child named in the petition brought before him for the purpose of determining the application in such petition contained. But no child shall be committed to such school who has ever been convicted of any offense punishable by confinement in any penal institution. 47 § 145. Upon the filing of such petition the clerk of the court shall issue a writ to the sheriff of the county directing him to brino- 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 such hearing 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 either of them so desire. § 146. 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 suGh board may have an action against such parent or guardian of the child to recover the cost of such clothing with 10 per cent additional thereto. § 147. 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 superinten- dent or an authorized officer of said school except as hereinafter pro- vided ; and full power to enforce such rules and regulations to retake any such child so upon parole is hereby conferred upon said board of educa- tion. No child shall be released upon parole in less than four weeks from the time of his commitment, nor thereafter until the superin- tendent of such parental or truant school shall have become satisfied from the conduct of the child that, if paroled, he or she will attend regu- larly 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 educa- tion. § 148. It shall be the duty of the principal or other persons having charge of the school to which such child so released upon 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 attends 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 satisfac- tory for a period of one year from the date on which he or she was re- leased upon parole, he or she shall then be finally discharged from the parental or truant school, and shall not be recommitted thereto except on petition as hereinbefore provided. § 149. In case any child released from said school upon parole, as hereinbefore provided, shall violate the conditions of his or her parole at any time within one year thereafter, he or she shall, upon the order 48 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. § 150. In any case in which 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 superinten- dent or any officer of the school to represent these facts to the circuit or county court by petition, and the court shall have authority to com- mit said child to some juvenile reformatory. § 151. 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 hereinbefore specified, and in case of the establishment of such a school, the boards of education shall have like power in their respective cities as hereinbefore expressed: Provided, however, that no board of trustees or board of education under this section shall put this law into effect until submitted to a vote of the people and adopted by a majority vote at some general election. teacher's pension fund. § 152. In every city in this State having a population exceeding 100,000 inhabitants, there shall be elected a board of trustees to have the administration and control of a public school teachers' pension and retirement fund, to be created and maintained in the manner provided by this Act. Such board of trustees shall consist of nine members. The secretary of the board of education of such city shall be ex officio a mem- ber of said board of trustees; in addition thereto there shall be elected annually at the first meeting of the board of education in the month of October of each year two of its members to serve on said board of trus- tees ; and at the first election there shall be elected six members to said board of trustees from the teachers' force employed in said city; two for the term of one year, two for the term of two years and two for the term of three years. On the date of the first meeting of said board of education in the month of October of each year thereafter there shall in like manner be elected two members to said board of trustees, who shall hold their office for a term of three years. The election of the members of said board of trustees by the board of education, shall be by a majority vote in such manner as they, the board of education, shall provide. "The election of the members to said board of trustees by the teaching forces of such city shall be by ballot at an election held by the board of education, which shall conform as nearly as may be to the pro- visions of the law in relation to school elections, and each person being a member of the teaching force of such city, and a contributor to said pension and retirement fund shall be entitled to cast at such election, one vote for each trustee to be elected. Elections to fill vacancies may be 49 called by the board of education and held at the annual election : Pro- vided, however, that the board of education may fill vacancies occurring in the membership of said board of trustees elected from said board of education at any regular meeting of the board of education. § 153. Such board of trustees shall have charge of any adminis- tration of the public school teachers' pension and retirement fund of such city, and shall have power to invest the same in such manner as it shall deem most beneficial to said fund, but in the same manner and subject to the same terms and conditions as township trustees are permitted to invest school funds under the law, and shall have power to make payments from said fund of pensions or annuities granted in pursuance of this Act; and shall from time to time make and establish such by-laws, rules and regulations for the administration of said fund, as they shall deem advisable and shall have power to employ such as- sistance and service as may, in their judgment be necessary for the proper enforcement of the provisions of this Act and carrying into effect valid by-laws, rules and regulations enacted by them, and they shall have power to fill any vacancies occurring in said board of trus- tees of members elected from the teaching force of said city, until the next annual election, when said vacancies shall be filled as provided by this Act. § 154. The public school teachers' pension and retirement fund of such city shall consist of moneys paid into said fund by persons desir- ing the benefits thereof, under the provisions of this Act; of moneys received from donations, legacies, gifts, beouests or otherwise on ac- count of said fund, and of moneys paid into, said fund in pursuance of any law now in force or hereafter to be enacted. § 155. Any person who shall be employed to teach in the public school of any such city, after this Act shall take effect, shall be entitled to the benefits of said fund upon complying with the provisions of this Act, and for the purposes of this Act such persons shall be divided into the following classes: First — Those who have taught five years or less. Second — Those who have taught more than five years and not more than ten years. Third — Those who have taught more than ten years and not more than fifteen years. Fourth — Those who have taught more than fifteen years. After this Act shall take effect, there shall be set apart from the salaries of all persons hereafter entering for the first time the employ of the board of education of such cities $5.00 per annum, while they remain in the first class; $10.00 per annum while they remain in the second class; $15.00 per annum while they remain in the third class, and $30.00 per annum while they remain in the fourth class, which amounts shall be deducted by the board of education in equal install- ments from their respective salaries at the regular times for the pay- ment thereof, and be paid into and constitute a part of the public school teachers' pension and retirement fund of such city. — 4 S L 50 § 156. Teachers employed by the board of education of any such city, who shall become contributors to and beneficiaries of a public school teachers' pension and retirement fund, under any provisions of this Act, may count past service as a part of the period of twenty-five years hereinafter specified, by paying into said fund a sum equal to that which he or she would have contributed under the provisions of this Act, had he or she been a regular contributor to said fund, during; said period of past service, together with interest thereon at the rate of 4 per cent per annum from the time such payments would have been made to the time such person shall by making such payment become entitled to the benefit of such past service. § 156a. All persons who have heretofore been contributors to a public school teachers' pension and retirement fund of cities having a population exceeding 100,000 inhabitants, under any law now in force but who have withdrawn from such participation, may, if they shall exercise the option on or before the first day of July in the year of our Lord one thousand nine hundred and twelve, renew their right to par- ticipation in a fund to be created in said city under the provisions of this Act, by paying into said fund the full amount of any moneys they may have withdrawn from such previous fund and the full amount they would have contributed had they not withdrawn therefrom together with interest thereon at the rate of 4 per cent per annum from the time such moneys were withdrawn and from the time such payments would have become due to the date of their acceptance of the provisions of this sec- tion; and thereafter such persons shall contribute to said fund upon the same terms as teachers who shall hereafter be employed and become contributors to and beneficiaries of said fund: Provided, however, that such persons who shall be re-employed by said board of education as such teachers on or after July 1, 1911, may, if they shall exercise such option within one year after such re-employment, renew their right to participation in such fund upon the same terms and conditions afore- said. (Added by an Act approved June 6, 1911.) § 156b. All teachers who are now in the service of the board of education of any such city, other than those described in the previous spction, may, if they shall exercise the option on or before the first day of July in the year of our Lord one thousand nine hundred and twelve, become contributors to and beneficiaries of the public school teachers' pension and retirement fund created under the provisions of this Act, upon the same terms as, teachers who shall hereafter be employed and become contributors to and beneficiaries of said fund under section 156a of this Act. (Added by an Act approved June 6, 1911.) § 157. Such board of trustees shall have the power and it shall be its duty to pass a resolution declaring the maturity of service and right to the immediate benefits of said fund in favor of persons entitled to the benefits thereof in the following cases : First — When any such persons shall have taught in the public schools or rendered service therein for a period of twenty-five years within the meaning of this Act, 51 Second — When any contributor to the said fund shall have taught fifteen years in the public schools within the meaning of this Act and shall have been declared by three competent physicians, who have made a physical examination of the teacher, at the request of a majority of such board of trustees, to be suffering from a permanent disability: Provided, however, that neither said board of trustees nor said board of education shall declare any contributor entitled to the immediate bene- fits of said fund until he or she shall have taught in the public schools of such city three-fifths of the term of service of twenty-five or fifteen years, as the case may be ; and no person shall be entitled to the benefits of said fund until he or she shall have retired from service as a teacher in said city. § 158. Each teacher so retired or retiring after twenty-five years of service shall thereafter be entitled to receive an annuity of $400.00, and each teacher so retired because of permanent disability after fifteen years of service shall receive as an annual pension such proportion of the full annuity of $400.00 as the sum contributed by such teacher so retired bears to the total contributions required for a full annuity. Said pen- sions and annuities shall be paid monthly during the school year by said board of trustees out of the fund created in accordance with the provisions of this Act in the manner provided by law for the payment of teachers' salaries. § 159. The president and the secretary of said board of education shall certify monthly to the city treasurer all amounts deducted from the salaries of teachers, special teachers, principals and superintendents of schools in accordance with the provisions of this Act, which amounts, as well as all other moneys contributed to said fund, shall be set apart and held by said treasurer as a special fund for the purposes hereinbefore specified, subject to the order of said board of trustees herein created, and shall be paid out upon warrants signed by the president and secretary of said board of education, and countersigned by the president of the said board of trustees. § 160. The city treasurer, ex officio, shall be the 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 accounts concerning such fund in such manner as may be prescribed by said board, and said books and accounts shall always be subject to the inspection of said board or any member thereof. Said city treasurer shall be liable on his official bond for the proper performance of his duties and the conservation of the fund created by this Act. Any legal proceedings which may he necessary for the enforcement of the provi- sions of this Act shall be brought by and in the name of the hoard of education for the use of the board of trustees of the public school teachers'' pension fund. § 161. No teacher who has been, or who shall have been, elected by paid board of education, shall be removed or discharged, except for cause, upon written charges which shall, upon the teachers' written request, be investigated and determined by said board of education, whose action and decision in the matter shall be final. If at any time a teacher who 52 is willing to continue is not reemployed or is discharged before the time he or she would, under the provisions of this Act, be entitled to a pen- sion, then such teacher shall be paid back at once the money he or she may have contributed under this law. Any teacher who shall retire •voluntarily from the service, prior to entering the aforesaid fourth class, shall receive a refund of one-half of the money he or she shall have contributed under this law. § 162. All persons who shall be employed as teachers by the board of education of any such city shall, by such employment, accept the provisions of this Act, and thereupon become contributors to said pension fund in accordance with the terms thereof. And the provisions of this Act shall become a part of and enter into any such contract of employment. § 163. All pensions or annuities granted under the provisions of this Act and every portion thereof shall be exempt from attachment or garnishment process and shall not be seized, taken, subjected to, detained or levied upon by virtue of any execution, or any process or proceedings whatsoever issued out of or by any court of this State for the payment or satisfaction in whole or in part of any debt, claim, damage, demand or judgment against any pensioner hereunder, and no annuitant or pensioner shall have the right to transfer or assign his or her pension or annuity or any part thereof either by way of mortgage or otherwise. § 164. Neither the treasurer nor any other officer having the custody of public school funds of any city having a population exceeding 100,000 inhabitants shall be entitled to retain any interest accruing thereon or any part thereof, but such interest shall accrue and inure to the benefit of such school funds respectively, become a part thereof and be paid into the city treasury, subject to the purposes of this Act. § 165. The board of education of any such city, as to such funds raised by taxation, levied by such city for school purposes, whether the same be for educational purposes or for building purposes, shall annually set aside all interest so added to such funds and contribute the same to the public school teachers' and public school employes' pension and retirement funds now created or existing, or such as may be hereafter created pursuant to any law. The amount of such interest so contri- buted, however, shall not exceed in any year 1 per cent of the sums so levied for such purposes. NORMAL SCHOOL SCHOLARSHIPS. § 166. There shall be awarded annually to each school township, or fractional township, a scholarship which shall entitle the holder thereof to gratuitous instruction in any State normal school, for a period of four years: Provided, lioivevcr, that any township having a population exceeding one hundred thousand inhabitants, shall be entitled to five scholarships. § 167. The county superintendent shall receive and register the names of all applicants for such scholarships, and shall hold an examination, or cause an examination to be held, in each township, for the benefit 53 of graduates of the eighth grade: Provided, however, that when a township is divided by a county line, the county superintendent in whose county the sixteenth section is situated shall have charge of the exami- nation in such township. § 168. All examinations for normal school scholarships shall be held on any Saturday between the first day of March and the fifteenth day of May in each year, according to rules and regulations prescribed by the Superintendent of Public Instruction, and the pupil found to possess the highest qualifications shall be entitled to such scholarship: Provided, however, that such pupil shall be a resident of the township in which such examination is held: And, provided, further, that when no application is received from any township, the county superintendent shall assign the pupil found to possess the next highest qualification to that township. § 169. The county superintendent shall certify the names and addresses of all successful applicants, with the number and range of the township to which each pupil is accredited, to the Superintendent of Public Instruction, who shall issue to each pupil a certificate of scholar- ship, which shall- be accepted by the authorities of any State normal school in lieu of any entrance examination, and shall exempt the holder thereof from the payment of tuition, or any term, matriculation, or incidental fee whatsoever. UNIVERSITY SCHOLARSHIPS. § 170. There shall be awarded, annually, to each county, one univer- sity scholarship, which shall entitle the holder thereof to gratuitous instruction in the University of Illinois for a period of four years. § 171. The county superintendent shall receive and register the names of all applicants for such scholarships, and shall hold an exami- nation on the first Saturday of June 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 16 years of age, and a resident of the county in which such examination is held: And, provided, further, that no student who has attended the University of Illinois shall be eligible to such examination. §172. 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 with the examination papers submitted by them; and the president of the University shall issue to the successful applicant a certificate of scholar- ship as directed by the provisions of this Act: Provided, however, that in case no return is made from a county, the president of the University may assign to that county from some other county the student found to possess the next highest qualifications. § 173. In addition to the scholarships provided for in section 170, 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 certificate of scholarship in the University. Each member of the General Assembly 54 shall file with the president of the University on or before the first Saturday in June, the name and address of the student nominated 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 171 for the competitive examination. The president of the University shall prescribe the rules and regulations governing such examination: Provided, however, that in case the person named fails to pass the required examination for admission, the president of the University shall at once notify the member making the appointment, who may name another person for such scholarship: And, provided, further, that if the member of the General Assembly shall so elect, the scholarship under his control may be awarded by competitive examination conducted under like rules as prescribed in section 171 of this Act. § 174. Any University 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, however, 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 professional schools and colleges of the University: And, provided, further, that this Act shall not be con- strued to prohibit the board of trustees from granting other scholarships. § 175. Any student holding a University 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 expenses 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. TEACHERS. § 176. No one shall be authorized or employed to teach in the com- mon schools of this State, or shall receive, for teaching, any part of any public school fund, who is not at least 18 years of age, if a man, or 17 years of age, if a woman, and who does not hold at the time he enters upon his duties a certificate of qualification issued by the county superintendent of schools or the Superintendent of Public Instruction: Provided, however, that in any county in which a county normal school is established, under the control of a county board of education, the diplomas of graduates in said normal school shall, when directed by said board, be taken by the county superintendent as sufficient evidence of qualification to entitle the holder to a first grade certificate if presented within two years from such graduation. § 177. Certificates of qualification issued by the Superintendent of Public Instruction shall be valid in every district in the State during the good behavior of the holder. Such certificates shall be granted only upon a public examination, complete in itself, under such regulations and by such examiners as the Superintendent of Public Instruction shall 55 prescribe and appoint. The holder of any State certificate, while he continues to teach, shall, annually, before entering upon his duties as teacher, present his certificate to the county superintendent for registra- tion. A fee of one dollar shall be charged therefor and covered into the institute fund. § 178. Certificates of qualification granted by the county superin- tendent shall be of two grades : A certificate of the first grade shall be valid in the county for two years and shall certify that the person to whom such certificate is issued is of good character and qualified to teach orthography, reading in Eng- lish, penmanship, arithmetic, English grammar, modern geography, civics, the elements of the natural sciences, the history of the United States, the history of Illinois, physiology and the laws of health. A certificate of the second grade shall be valid for one year, and shall certify that the person to whom such certificate is issued is of good char- acter and is qualified to teach orthography, reading in English, pen- manship, arithmetic, English grammar, modern geography, civics, the history of the United States and the history of Illinois. Such certificates may be in the following form, to-wit : , Illinois, , 1 . . . The undersigned having examined in orthography, reading in English, penmanship, arithmetic, English grammar, modern geog- raphy, civics, the history of the United States, the history of Illinois, and methods of teaching, and being satisfied that is of good character, hereby certifies that qualifications in these branches are such as to entitle to this certificate, being of the grade, and valid in this county for year from the date hereof, renewable at the option of the county superintendent by his endorsement hereon. Given under my hand and seal at the date aforesaid. A B County Superintendent of Schools. Teachers of music, drawing, penmanship, bookkeeping, German, or any other special study, exclusively, 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 such certificates. The county superintendent may, in his option, renew cer- tificates at their expiration by his endorsement thereon, and may revoke a certificate at any time for immorality, incompetency or other just cause. § 179. Every school established under the provisions of this Act shall be for instruction in the branches of education prescribed in the qualifi- cations for teachers, and in such other branches, including vocal music and drawing, as the directors, or the voters of the district at the annual election of directors may prescribe. § 180. Examinations for teachers' certificates shall be held by the county superintendent quarterly, and oftener, if necessary, on such days and in such places as will accommodate the greatest number of persons desiring such examination. Notice of such examinations shall be pub- 56 lished a sufficient length of time in at least one newspaper of general circulation. A fee of one dollar shall be charged for the examination and also for the renewal of a certificate. § 181. The county superintendent shall hold an annual institute, not fewer than five days, for the instruction of teachers and those who may desire to teach. With the concurrence of the Superintendent of Public Instruction he shall employ such assistance as may be necessary to conduct the institute. Two or more adjoining counties may hold an institute together. At every institute instruction shall be free to holders of certificates good in the county or in any of the counties holding the institute, and to those who have paid an examination fee and failed to receive a certificate. All others attending shall be required to pay a registration fee of one dollar. § 182. All examination and registration fees, and fees for renewals, shall be transmitted monthly to the county treasurer, with a list of the names of the persons paying such fees. Such fund shall constitute the institute fund, and shall be paid out only upon the order of the county superintendent, to defray the expenses of teachers' institutes. When the institute fund in any county exceeds the average annual cost of the teachers' institute for the next preceding three years, such excess may be drawn upon by the county superintendent of schools for the pur- pose of defraying the expense of any general meeting of the teachers of the county. § 183. Five days in any school year, spent by a teacher, during term time, in attendance upon a teachers' institute, held under the direction of the county superintendent of schools, shall be considered time lawfully expended in the service of the district, and no deduction of wages shall be made for such attendance. It shall be the duty of the school directors to close the schools for such institute. § 184. It shall be the duty of every teacher to see that the school property of the district, under his care and control, is not unnecessarily damaged or destroyed^ No teacher shall be paid any part of the school funds unless he shall have furnished schedules, when required by law, and shall have satisfactorily accounted for all books, apparatus and other property belonging to the district. § 185. Teachers shall keep daily registers, which shall exhibit the name, age and attendance of each pupil, the dav of the week, the month and the year. Registers shall be in the following form, the absence of each scholar being indicated by a mark, the presence by a blank, to-wit : 57 Eegister of a common school kept by A B in district No in the county of , in the State of Illinois. Names and Ages. s K o c p p '< 5-1 p | CO o HI p o> en & P '—i P 3 '< 00 3 o CD C- p e- p ■< 1 P p •< to 3 5 H | & p § p p tO o SO 3 -1 pi p ^1 p 3 B SB to 3 o o i=- P '<; 1 p to 2 o HI cd VJ & p p P P to 3 s < CD P 05 & P P P to - CO 3 -: S3 1 § t P" P '■< tO -J 3 3 p p ■< e-H p p p '< to GO 3 c o p p p '<: C-H P P P '< w 3 S H P CD •x - P & s p 3 o P- b 05 ■jj P- P — O r" B P to 3 o — p 1 p. p ';-! CD p -i o^ 3 5 p p 05 C" P ■< 3 c & p 05 cr i-i i p •< 3 3 H 5 •n P- p '<: hcl 05 cr a 00 3 3 < O) p- p 0) 05 p CO 3 3 -: - p pi p ■< *A 3 3 3 o J=l p '-< CD c- p p -: o 3 A o o & GO O CD P o u- Names. Ages p John Smith 10 13 16 18 "i 1 1 1 1 1 "i i 'i 1 i "i "i 1 1 "i 15 Isaac Meisler 11 Sarah Danforth 20 Mary Newman IS Grand total numher of days 64 Boys. Girls. Total. Number of pupils Average daily attendance . 3.2 Such registers shall be furnished to the teachers by the school directors, and each teacher shall, at the end of his term of school, return his register to the clerk of the school board of the district. No teacher shall be paid any part of the school funds unless he shall have accurately kept and returned the register aforesaid. § 186. In all districts controlled by a board of directors, teachers shall make schedules of the names of all pupils attending school, in the form prescribed by this Act, and when pupils reside in two or more districts, townships or counties, separate schedules shall be kept for each district, township or county. Boards of education may require teachers to make schedules, or statements, certifying the number of days' attendance for each month, as shown by their registers, which shall be certified by the board of education, and be subject to the same require- ments as schedules. Schedules shall be certified by the teacher, and shall be in the following form, to-wit : Schedule of a school taught by , in district No , in the county of , in the State of Illinois. Names and ages of pupils residing in district No. , county, who have attended school during the time beginning the day of , 1 , during which time the school was in session school days. 58 Name. Ages. Days, attended. John Smith 10 13 16 18 15 Isaac Meisler 11 Sarah Danforth 20 Mary Newman 18 Grand total number of days' attendance 04 Boys. Girls. Total. Number of pupils 2 2 4 Average daily attendance 3.2 I hereby certify that the foregoing schedule is correct, to the best of my knowledge and belief. A B Teacher. § 187. The schedule, or schedules, shall be delivered to one of the directors, who shall, if requested, give the teacher a receipt for the same. It shall be the duly of the director to examine carefully such schedule, or schedules, with ai hast one other director, and correct any errors, and if such schedule has been made according to hiw, they shall certify to the same in the following form, io-wil : State of Illinois, County. We, the undersigned, directors of district No in county, certify that we have carefully examined the foregoing schedule and find it to be correct, and thafr the school was conducted according to law; that the teacher is paid according to contract dollars per ; the sum of dollars is now due for services for the month ending ; that the teacher has a legal certificate of grade, and that the property of said district in charge of such teacher has been satisfactorily accounted for. Signed this clay of , 1 . . . Directors. § 188. The school month shall be the same as the calendar month. But a teacher shall not be required to teach on Saturdays or legal school holidays, which are the first day of January, the fourth day of July, the twenty-fifth day of December, and any day appointed by the President or Governor as a day of fast or thanksgiving, and no deduction shall be made from the time or compensation of a teacher on account of such days. 59 REVENUE. § 189. For the purpose of establishing and supporting free schools for not less than six nor more than nine months in each year, and defraying all the expenses of the same of every description; for the purpose of repairing and improving school houses, of procuring furni- ture, fuel, libraries and apparatus, and for all other necessary incidental expenses in each district, village or city, the directors of such district and the authorities of such village or city shall be authorized to levy a tax annually upon all the taxable property of the district, village or city not to exceed one and one-half per cent for educational and one and one-half per cent for building purposes, the valuation to be ascer- tained by the last assessment for State and county taxes: Provided, that the term incidental expenses herein used shall not include any sum expended or obligation incurred for the improvement, repair or benefit of the school buildings and property, but all such sums and obligations shall be paid from that portion of the tax levied for building purposes. No election or petition shall be necessary to authorize the levy of a tax for the ordinary repair and improvement of school buildings or grounds or for the payment of any special tax or special assessment levied upon such property. § 190. The board of directors or board of education of each district shall ascertain, as near as practicable, annually, how much money must be raised by special tax for educational and for building purposes for the next ensuing year. Such amounts shall be certified and returned to the township treasurer on or before the first Tuesday in August, annually. The certificate shall be signed by the president and clerk, or secretary, as the case may require, and may be in the following form, to-wit : CERTIFICATE OF LEVY. We hereby certify that we require the sum of dollars, to be levied as a special tax for educational purposes, and the sum of dollars to be levied as a special tax for building purposes, on the equalized assessed value of the taxable property of our district, for the year 1. . . Signed this day of , 1 . . . A B President, C D Clerk. District No , County. The township treasurer shall return the certificate to the county clerk, on or before the second Monday of August. A failure by the school board to file the certificate, or of the treasurer to return it to the county clerk in the time required, shall not vitiate the assessment. § 191. When a district lies partly in two or more counties the direct- ors shall ascertain, as near as practicable, the amount to be raised by special tax for educational and building purposes, and shall prepare a certificate for each county in which such district may lie, and deliver the certificates to the township treasurer who receives the tax money of such district, who shall return a certificate to each of the county clerks of the counties in which a part of such district is situated. On the first 60 Monday of October, annually, or as soon thereafter as may be practicable, the county clerk of each of such counties shall ascertain the total equal- ized valuation of all the taxable property in that part of such district as shall lie in his county, and certify the amount thereof to the county clerk of each of the other counties in which such district may lie; and from the aggregate of such equalized valuation, and from the certificate of the amount so required to be levied, such clerks shall ascertain the rate per cent required to produce in such district the amount of such levy, and at that rate shall extend the special tax to be levied for educa- tional and building purposes in that part of such district lying in his respective county. § 192. It shall be the duty of assessors, when making assessments of personal property, to designate the number of the school district in which the person assessed resides. Such designation shall be made by writing the number of the district opposite each person's assessment of personal property in the assessment roll returned by the assessor to the county clerk. The officers preparing blank books and notices for the use of assessors shall provide columns and blanks, so that the number of the school district may be designated. § 193. On or before the first day of April next after the delivery of the tax books containing the computation and levy of the taxes, or as soon thereafter as the treasurer shall present the certificate of the amount of the tax, and make a demand therefor, the collector shall pay to the treasurer the full amount of the tax certified by the county clerk, or in case any part remains uncollected, the collector shall, in addition to the amount collected, deliver to the treasurer a statement of the amount of uncollected taxes for each district of the township, taking his receipt therefor, which receipt shall be evidence in favor of the collector as against the treasurer. § 194. If any collector shall fail to pay the taxes or any part there- of, the treasurer, or other authorized person, may proceed against him and his securities in an action of debt upon his official bond in any court of competent jurisdiction. The collector so in default shall pay 12 per cent on the amount due, to be assessed as damages, which shall be included in the judgment rendered against him. If he can show that any part of the taxes could not be collected by law, he shall not be liable for such taxes until he has collected, or may be able to collect them. BONDS. § 195. For the purpose of building or repairing school houses or purchasing or improving school sites, the directors of any school dis- trict, when authorized by a majority of the votes cast at an election held for that purpose, may borrow money ; and, as evidence of such indebted- ness, may issue bonds signed by at least two directors, in denominations of not less than $100.00, and bearing interest at a rate not exceeding 7 per cent per annum. § 196. All bonds issued by virtue of this Act, before being issued, negotiated and sold, shall be registered, numbered and countersigned by 61 the treasurer who receives the taxes of the district. Such registration shall be made in a book provided for that purpose, in which shall be entered the record of the election authorizing the directors to borrow money, and a description of the bonds issued, including the number, date, to whom issued, amount, rate of interest and when due. § 197. All moneys borrowed under the authority of this Act shall be paid to the treasurer of the township wherein the bonds issued there- for are required to be registered. Upon receiving such moneys, the treasurer shall deliver the bond or bonds issued therefor to the person or persons entitled to receive them, and shall credit the funds received to the district issuing the bonds. The treasurer shall record the exact amount received for each and every bond issued. When any such bonds are paid, the treasurer shall cancel the same and shall enter, against the record of such bonds, the words "paid and cancelled the day of , 1 . . .," filling the blanks with the day, month and year corresponding to the date of such payment. § 198. When it is desired to hold an election for the purpose of borrowing money, the directors of the district shall give at least ten days' notice of the election, by posting notices in at least three of the most public places in the district. Such notices shall specify the place where such election is to be held, the time of opening and closing the polls, and the question to be voted upon, which notice may be in the following form, to-wit: NOTICE OF ELECTION. Notice is hereby given that on day of > 1. . ., an election will be held at school district No in County, Illinois, for the purpose of voting "for" or "against" the proposition to issue bonds of district No to the amount of dollars due (here insert the times of payment, giving the amount falling due in each year, if the bonds mature at different days), which bonds are to bear interest at the rate of per cent per annum, payable annually. The polls will be opened at o'clock, m., and closed at o'clock, ....m. Dated this day of , 1 • • • A B President, C D Clerk. § 199. Two of the directors shall act as judges of the election and one as clerk. In case a director shall fail to attend or to act at such election, the legal voters assembled shall choose from their number, at the time of opening the polls, some person to act as judge or clerk, as the case may be. The judges and clerk shall take and subscribe the oath required of judges and clerks of an election held for State and county officers. All votes shall be by ballot. § 200. Within ten days after the election the judges shall cause the poll books to be returned to the township treasurer who is required to register such bonds, with a certificate thereon showing the result of the election, which poll book shall be filed and kept by the treasurer, and shall be evidence of such election. § 201. When a school district has issued bonds, or other evidence of indebtedness, for any purposes which are binding and subsisting legal 62 obligations, and remaining outstanding, the directors of such school dis- trict may, upon the surrender of any such bonds or other evidences of indebtedness, issue in lieu thereof, to the holders or owners of the same, or to other persons for money with which to pay the same, new bonds or other evidences of indebtedness, according to the provisions of this Act. COUNTY CLERK. § 202. Whenever the returns of an election for trustees of schools are made to the county clerk, it shall be his duty to furnish to the county superintendent of schools, within ten days after such returns have been made, the names of the trustees so returned to him, and to specify the townships in which they have been elected. § 203. It shall be the duty of the county clerk to furnish the directors of any school district, upon request, a certificate showing the last ascer- tained equalized value of the taxable property of such district. § 204. When a school district lies partly in two or more counties, it shall be the duty of the county clerk of each county in which any part of such district lies to furnish, upon request, to the directors of such district, a certificate showing the last ascertained equalized value of the taxable property in that part of such district lying in such county. § 205. It shall be the duty of the county clerk, when making oul the tax books for the collector, to compute each taxable person's tax in each school district upon the total amount of taxable property as equalized by the State Board of Equalization for that year, Lying and being in such district, whether belonging to residents or nonresidents, and also upon each and every tract of land, the larger part of which lies in such district. Such computation shall be made so as to realize the amount of money required to be raised in such district, as shown and set forth in the certificate of tax levy, made out by the directors of such district, and filed with the township treasurer, as required by this Act. The said county clerk shall cause each person's tax. so computed, to lie set upon the tax book to be delivered to the collector for that year, in a separate column against each taxpayer's name, or parcel of taxable prop- erty, as it appears in said collector's books, to be collected in the same manner, and at the same time, and by the same person, as State and county taxes are collected. He shall number the school districts on the maps in his office to correspond with the numbers of districts as returned to him by the countv superintendent of schools, and in making up the tax books to be delivered to the collector of taxes, the county clerk shall copy into such tax books the number of the school district set opposite to each person's assessment of personal propertv by the assessor making the assessment of such person, and shall extend the school tax on each person's assessment of personal property, according to the rate required by the amount designated by the directors of the school district in which such person resides, as shown by the certificate of tax levy. The computation of each person's tax and the levy made by the clerk shall be final and conclusive. The rate shall be uniform, and shall not exceed that required by the amount certified by the board of directors. 63 The said county clerk, before delivering the tax book to the collector, shall make out and send by mail to each township treasurer of the county a certificate of the amount due each district or fraction of a district in his township, from the tax so levied and placed upon the tax books. § 206. The county clerk shall record and preserve the report of the county superintendent made to the county board at the first regular term of such board in each year relating to the sale of school lands, the amount of money received, paid, loaned out and on hand, belonging to each township fund in his control, and the statement copied from the loan book of such county superintendent, showing all the facts in regard to loans which are required to be stated in the loan book. THE COUNTY BOAED. § 207. It shall be the duty of the county board of each county of the State: First — To provide for the county superintendent of schools a suitable office with necessary furniture and office supplies, as is done in the case of other county officers. Second — To examine and approve or reject the report of the county superintendents of schools made to such board. Third — To audit at the regular meeting in September, and as near quarterly thereafter as such board may have regular or special meetings, the itemized bills of the county superintendent of schools for the expense of his office. Fourth — To authorize the county superintendent of schools to employ such assistants as he needs for the full discharge of his duties, and to fix the compensation thereof, which compensation shall be paid out of the county treasury. Fifth — To examine the financial statements of the county superin- tendent of schools required by section 11 of this Act and compare the same with vouchers, and the county board, or so many of them as may be present at the meeting of the board, shall be liable individually to the fund injured and to the securities of the county superintendent, in case judgment be recovered of the said securities, for all damages occasioned by neglect of the duties, or any of them, required of the board by this section: Provided, however, that nothing herein contained shall be con- strued to exempt the securities, but they shall remain liable to the fund injured the same as if the members of the county board were not liable to them for neglect of their duty. § 208. The county board of each county of this State shall have power : First — To approve the bond of the county superintendent of schools, and to increase the penalty of such bond if, in the judgment of the county board, such penalty should be so increased. Second — To require the county superintendent of schools, after notice given, to execute a new bond, conditioned and approved as the first 64 bond, whenever in the discretion of the county board such new bond is necessary: Provided, however, that the execution of such new bond shall not affect the old bond or the liability of the security thereof. Third — To require the county superintendent of schools to make the reports to such board provided for by law, and to remove him from office in case of neglect or refusal so to do, or for any palpable violation of law or omission of duty. § 209. When the office of county superintendent of schools shall become vacant, the county board shall fill the vacancy by appointment. If by reason of a tie upon the vote to fill such vacancy, or from any other cause, the vacancy shall not be filled by the county board within thirty days at the time it occurs, it shall be the duty of the clerk of the county board to summon the county judge of the county in which the vacancy exists to meet with the county board at a time and place designated by the clerk, of which meeting the members of the county board shall have notice; and the 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 he shall give the casting vote. The clerk shall notify the person so selected of his appointment. SCHOOL FUND. § 210. The common school fund of this State shall consist, until otherwise provided by law, of the proceeds of a two-mill tax levied annually upon each dollar of the equalized assessed value of all the property in the State ; the interest on the school fund proper, which fund is 3 per cent upon the proceeds of the sales of public lands in the State, one-sixth part excepted; and the interest on the surplus revenue distributed by Act of Congress and made part of the common school fund by Act of the Legislature, March 4, 1837. The interest on the school fund proper and the surplus revenue shall be paid by the State annually at the rate of 6 per cent, and shall be distributed as provided by law. § 211. On the first Monday in January, annually, the Auditor of Public Accounts shall apportion to each county the common school fund, in proportion to the number of persons in each county under the age of 21 years, as ascertained from the next preceding State or federal census, and shall issue an order upon the county collector to pay to the county superintendent of schools the amount of such order out of the first funds collected by him and not -otherwise appropriated by law, and take the county superintendent's receipt for the same. § 212. The orders issued by the Auditor of Public Accounts for the common school fund shall be received by the State Treasurer in payment of amounts due the State from county collectors. On presentation of such orders the Auditor shall issue his warrants to the treasurer on the school fund for the amount of the school fund tax orders, and on the revenue fund for the amount of the orders for interest on the school fund proper and the surplus revenue. § 213. If a collector shall fail or refuse to pay the amount of an auditor's order, or any part thereof, by the first day of March, annually, or as soon thereafter as it may be presented, the county superintendent 65 shall begin an action for debt against the collector and his securities in any court having competent jurisdiction, and unless it shall appear to the satisfaction of the court that on the first day of March, or on the day of presentation of payment thereafter, the collector had not collected funds sufficient to pay such order. ir.tfiTprt at the rate of 12 per cent per annum upon the amount due shall be assessed as damages and included in the judgment against the collector. § 214. On or before the 30th day of September of each year the county collectors, county superintendents of schools, township collectors, and all other persons paying money into the hands of school treasurers for school purposes, shall notify in writing the presidents of school trustees and the clerks of school directors of the amount paid into the treasurer's hands and the date of payment. § 215. The county superintendent of schools shall apportion and distribute, under rules and regulations prescribed by the Superintendent of Public Instruction, the principal of the county fund to the townships and parts of townships in his county, according to the number of persons under 21 years of age returned to him. The principal of the county fund so distributed shall be added to the principal of the township fund of the townships and parts of townships in his county. The interest, rents, issues and profits, arising and accruing from the principal of the county fund shall be distributed to the townships and parts of town- ships in his county, as required by the provisions of this Act. § 216. All bonds, notes, mortgages, moneys and effects which have accrued or may accrue from the sale of the sixteenth section of the common school lands of any township, or from the sale of any real estate or other property taken on any judgment or for any debt due to the principal of any township fund, and all other funds of every description which have been or may be carried to and made part of the principal of any township fund, shall forever constitute the principal of the township fund; and no part thereof shall ever be distributed or expended for any purpose whatever, but shall be loaned and held to use, rent or profit, as provided by law. The interest, rents, issues and profits arising and accruing from the principal of any township fund shall be distrib- uted in the manner and at the times provided by this Act ; nor shall any part of such interest, rents, issues and profits be carried to the principal of any township fund, unless it shall appear on the first Monday in October in any year that there is rent, interest, issues, profits or other funds not required for distribution. In such case the amount not required for distribution may, in the discretion of the trustees of schools, be added to the principal of the township fund and loaned as such. SCHOOL LANDS. § 217. Section 16 in every township, and the sections and parts of sections granted in lieu of all or part of such section, and also the lands granted for the use of schools to the inhabitants of fractional townships in which there is no section 16, or in case such section shall not contain the proper proportion for the use of schools in such frac- — 5 S L 66 tional townships, shall be held as common school lands; and the pro- visions of this Act referring to common school lands shall be deemed to apply to them. § 218. All the business of a township, relating to common school lands shall be transacted in the county which contains all or the greater portion of such lands. § 219. The trustees of schools in townships in which section 16, or other lands granted in lieu thereof, remain unsold, or which has title to any other school lands whatsoever, may rent or lease the same for an annual rent to be paid in money. The contract made by the president and clerk, under the direction of the trustees of schools, with the lessee or lessees, for the rent or lease of such lands, shall be in writing and shall be filed with the records of the board, and a copy transmitted to the county superintendent. In case of default in the payment of the rent, the trustees shall at once proceed to collect the same by distress, or otherwise, as may be provided by law for the collection of rents by land- lords. No lease taken under the provisions of this Act shall be for a longer period than five years, except when such lands are leased for the purpose of having permanent improvements made thereon, as in cities and villages. The provisions of this section shall not apply to cities having a population of over one hundred thousand inhabitants. § 220. The trustees of schools of any township are hereby authorized to sell and convey to any railroad company a right of way across any school lands of such township, and necessary depot grounds. § 221. If any person shall, without being duly authorized, cut, fell, box, bore, destroy or carry away any tree, sapling or log standing or being upon any school lands, such person shall forfeit and pay, for every tree, sapling, or log so felled, boxed, bored, destroyed or carried away, the sum of eight dollars, which penalty shall be recovered with costs of suit, by action of debt or assumpsit, before any justice of the peace, or in the county or circuit court, either in the corporate name of the board of trustees of the township to which the land belongs, or by qui tarn action in the name of any person who will first sue for the same. One-half of the judgment secured in such action shall go to the person suing and the other half to the township. When two or more persons shall be concerned in the same trespass, they shall be jointly and sever- ally liable for the penalty herein imposed. § 222. Every trespasser upon common school lands shall be liable to indictment, and, upon conviction, shall be fined three times the amount of the injury occasioned by the trespass, and shall stand com- mitted as in other cases of misdemeanor. § 223. All penalties and fines collected under the provisions of the two preceding sections shall be paid to the township treasurer and be added to the principal of the township fund. § 224. When the inhabitants of any township shall desire the sale of the common school lands of such township, they shall present to the county superintendent of the countv in which the school lands of the township or the greater part thereof lie, a petition for their sale. Such petition shall be signed by at least two-thirds of the legal voters of the 67 township. The petition must be signed in the presence of at least two adult citizens of the township, after the true meaning and purpose there- of have been explained; and an affidavit must be affixed thereto by the two citizens witnessing the signing, which affidavit shall state the num- ber of inhabitants in the township 21 years of age and over, and the petition so verified shall be delivered to the county superintendent for his action thereon. In townships having a population of more than 10,000 inhabitants, such petition shall be signed by at least one-tenth of the legal voters of the township, and delivered to the county superin- tendent at least fifteen days preceding the regular election of trustees, or the date of a special election which may be called for such purpose; and thereupon it shall be the duty of the county superintendent to notify the voters of such township that an election for or against the proposi- tion to sell common school lands of the township, or a portion thereof, will be held at the next regular election of trustees, or at a special elec- tion called for that purpose, by posting notices of such election in at least ten of the most public places throughout such township, for at least ten days before the date of such regular or special election, which notice may be in the following form, to-wit: ELECTION FOR SALE OF COMMON SCHOOL LANDS. Notice is hereby given that on the day of , 1 . . . , an election will be held at for the purpose of voting "for" or "against" the proposition to sell common school lands of the township, to-wit: (here insert description of the lands). The polls will be opened at o'clock, ....m., and closed at o'clock, ....m. A B County Superintendent. The ballots of such election shall be received and canvassed as in other elections provided for in this Act, and returns of the results thereof made to the county superintendent, and if two-thirds of the vote upon such proposition shall have been cast in favor of the sale, the county superintendent shall act thereon. No section shall be sold in any town- ship containing fewer than 200 inhabitants; and common school lands in fractional townships may be sold when the number of inhabitants and the number of acres are in, or above, a ratio of 200 to 640, but not before. § 225. Any fractional townshin not having the requisite number of inhabitants to petition for the sale of school lands, which has not hereto- fore been united with any township for school purposes, and which does not contain a sufficient number of inhabitants to maintain a free school, is hereby attached for school purposes, to the adjacent congressional township having the longest territorial line bordering on such fractional township, and all the provisions of this Act shall apply to such united townships the same as though they were one and the same township. § 226. When the petition and affidavits are delivered to the county superintendent, he shall notify the trustees of the township, who shall immediately divide the land into tracts or lots, of such form and quan- tity as will produce the largest sum of money, and cause a plat of the same to be made with each lot numbered and defined so that its boun- daries may be forever ascertained. 68 § 227. In subdividing common school lands, no lot shall contain more than eighty acres, and the division may be into town or village lots, with roads, streets or alleys between them and through the same; and all such divisions are hereby declared legal and all such roads, streets and alleys, public highways. § 228. After the school lands have been subdivided and platted, the trustees of schools shall fix the value of each lot, certify to the cor- rectness of the plat, stating in the certificate the value of each lot, and describing it so that it may be identified ; which plat and certificate shall be delivered to the county superintendent, and shall govern him in adver- tising and selling such lands. § 229. Upon receipt of the plat and certificate of valuation the county superintendent shall advertise the sale of such land in lots, as divided and platted, by posting notice thereof in at least six public places in the county forty days before the day of sale, describing the land and stating the time, place and terms of sale. Such notice shall also be printed each week for four weeks before the day of sale in a newspaper published in the county, and shall be in the following form, to-wit : NOTICE OF SALE. Notice is hereby given that on the day of , 1 . . . , between the hours of 10:00 o'clock, a. m., and 6:00, p. m., the undersigned, superintendent of schools of county, will sell at public sale to the highest bidder, at the door of the court house in (or on the premises), the following described real estate, the same being a part of the school lands of township No range No. . .^ , as divided, and platted by the trustees of schools of said township, to- wit: (Here insert full and complete- description of said premises.) Said lands will be sold for cash in hand, with the privilege to any purchaser of borrowing from the undersigned the whole or part of the payment of his bid, for not less than one nor more than five years, upon his paying interest and giving security, as required in case of a loan obtained from the township fund. Dated this day of , 1 . . . A B County Superintendent. § 230. Upon the day of sale, the county superintendent shall pro- ceed to make sales as follows : He shall begin at the lowest numbered lot and proceed regularly to the highest numbered, until they are all sold or offered. No lot shall be sold for less than its valuation. The sale may continue from day to day. Each lot shall be sold separately, and offered long enough to enable any person present to bid who may desire to do so. § 231. At the close of each day's sale the purchasers shall each pay or secure the payment of the purchase money. In case of a failure to do so by 10:00 o'clock the succeeding day, the lot purchased shall again be offered at public sale, on the same terms as before. If the sale is or is not made the former purchaser shall be required to pay the difference between his bid and the valuation of the lot, and in case of his failure to make such payment, the county superintendent may forth- with institute an action of debt or assumpsit in his name, as superin- tendent, for the use of the inhabitants of the township where the land 69 lies, for the required sum; and upon making proof, shall be entitled to judgment, with costs of suit which, when collected, shall be added to the principal of the township fund. § 232. All lands not sold at public sale, as herein provided for, shall be subject to sale at any time hereafter, at the valuation; and the county superintendents are authorized and required, when in their power, to sell all such lands at private sale, upon the terms at which they were offered at public sale. § 233. In all cases in which common school lands have been valued and have remained unsold for two years after having been offered for sale in conformity to this Act, the trustees of schools where such lands are situated may vacate the valuation thereof by an order to be entered in book A of the county superintendent, and cause a new valuation to be made, if, in their opinion, the interests of the township will be pro- moted thereby. They shall make the second valuation in the same man- ner as the first, and shall deliver to the county superintendent a plat of the land at such second valuation, with the order of vacation, to be entered, as aforesaid ; whereupon the county superintendent shall offer the land for sale, as if no former valuation had been made. The second valuation may be made by the trustees of schools without a petition. § 234. Upon the completion of every sale the county superintendent shall deliver to the purchaser a certificate of purchase including the name and residence of the purchaser and the price and description of the land. § 235. Every purchaser of common school lands shall be entitled to a patent from the State, conveying and assuring the title. Patents shall be issued by the Auditor of Public Accounts from returns made to him by the county superintendent. They shall contain a description of the land granted, and shall be in the name of and signed by the Gov- ernor, countersigned by the Auditor, with the great seal of State affixed thereto by the Secretary of State, and shall operate to vest in the pur- chaser a perfect title -in fee simple. When patents are executed as herein required, the Auditor shall note on the list of sales the date of each patent, in such manner as to perpetuate the evidence of its date and delivery, and thereupon transmit the same to the county superintendent of the proper county, to be by him delivered to the patentee, his heirs or assigns, upon the return of the original certificate of purchase, which certificate, when returned, shall be filed and preserved by the county superintendent; and all such patents so issued by the State for school lands, or duly certified copies thereof from any record legally made, shall, after a lapse of ten years from the date of such patent, and such sale having been acquiesced in for ten years by the inhabitants of the township in which the land so conveyed may be situated, be conclusive evidence as to the legality of the sale, and that the title to such land was, at the date of the patent, legally vested in the patentee. § 236. Purchasers of common school lands, and their heirs or as- signs, may obtain certified copies of certificates of purchase and patents, upon filing affidavit with the county superintendent in respect to certifi- 70 cates, and with the Auditor in respect to patents, proving the loss or de- struction of the originals ; and such copies shall have the force and effect of originals. § 237. The trustees of schools are hereby authorized to dedicate to public use", for street and highway purposes, as much of the unimproved common school lands as may be necessary to open or extend any street or highway which may be ordered by the municipal authorities to be opened or extended, if they shall be of the opinion that the benefit to accrue from the opening or extending of such street or highway will compensate for the strip so dedicated. It shall not be lawful for any street or other railroad to lay tracks on any strip of the common school lands so dedicated, or use the same or any part thereof for railroad or street railroad- purposes, except upon the purchase or lease of the land from the proper authorities, or upon payment to the school fund of the township of the value of such use or land, the same as if no street or highway had been laid out thereon, to be determined by condemnation proceedings. This section shall not in any way affect existing leases or contracts for the lease or purchase of common school lands. FINES, FORFEITURES AND PENALTIES. § 238. All fines, forfeitures and penalties imposed or incurred in any of the courts of record, or before any justice of the peace of the State, except fines, forfeitures and penalties incurred or imposed in in- corporated towns or cities for the violation of the by-laws or ordinances thereof, shall, when collected, be paid to the county superintendent of schools of the county wherein such fines, forfeitures or penalties have been imposed or incurred, and the county superintendent of schools shall give his receipt therefor to the person from whom such fine, for- feiture or penalty was received. § 239. It shall be the duty of the State's attorneys of the several- counties to enforce the collection of all fines, forfeitures and penalties imposed or incurred in the courts of record of their respective counties, and to pay the same to the county superintendent of the county wherein the same have been imposed or incurred, retaining therefrom the fees and commissions allowed them by law. § 240. It shall be the duty of the justices of the peace to enforce the collection of all fines, forfeitures and penalties imposed by them; and to pay the same to the county superintendent of the county in which the same were imposed. § 241. Clerks of courts of record, State's attorneys and all justices of the peace shall report, under oath, to the county court of their respec- tive counties, by the first of March, annually, the amount of such fines, forfeitures and penalties imposed or incurred in their respective courts, and the amount of such fines, forfeitures and penalties collected by them, giving each item separately; and if any such officer has collected no such fines, forfeitures or penalties he shall make affidavit to such fact, and file the same with the county superintendent. The judges of the county court shall inspect the said reports, and may hear evidence 71 thereon, and if found correct and truthful, shall enter an order approv- ing such report, and directing that any moneys in the hands of such officers so reporting shall be paid over to the superintendent of schools. If the court shall not approve such report, he may order another one to be made, and upon a failure to comply with the order of the court, or to make a satisfactory report, the court may state an account and enter an order to pay over, as herein provided. The court, for all pur- poses for carrying out the provisions of this section, shall have power to examine books and papers as provided in section 243 of this Act, and shall have power to issue subpoenas for both books and persons. No report shall be approved until the court shall have given the superin- tendent five days 7 notice of the same, and the superintendent shall be allowed to inspect the report, and may be heard by the court concerning the same. The officers charged with the collection of fines, forfeitures and penalties, the said clerks, State's attorneys and justices of the peace, for a failure to make such report, shall be liable to a fine of twenty-five dollars for each offense, such fine to be recovered in a civil action, before any court, at the suit o>f the county superintendent of schools of the proper county. § 242. For a failure to pay any fine, forfeiture or penalty, on demand, to the person who is by law authorized to receive the same, the officer or person having collected the same, or having the same in his possession or control, shall forfeit and pay double the amount of such fine, forfeiture or penalty, to be recovered before any court having jurisdiction thereof, in a qui tarn action, one-half to be paid to the informer and one-half to the distributive fund of the proper county. § 243. In case any clerk of a court of record, State's attorney or justice of the peace shall fail to make the report provided for in section 238 of this Act, the county court shall have power, and it is hereby made the duty of the judge of said court, to examine all records pertaining to the office of such delinquent officer and enforce the payment of whatever sum may be found due the school fund from such delinquent officer. For the purpose of making such examination, the county court shall have the right to call for any paper or papers, docket, fee book or other record belonging to the office of such delinquent officer, and in case such delinquent officer fails or refuses to furnish such paper, docket, fee book or other record for the inspection or use of such county court, he shall forfeit the sum of one hundred dollars, to be recovered in an action of debt or assumpsit, before any court of this State having jurisdiction of the actions of debt and assumpsit, and such penalty, when collected, shall be paid into the distributive fund of the proper county. LIABILITY OF SCHOOL OFFICERS. § 244. When the county superintendent of schools of any county shall notify the trustees of schools of a township, in writing, that the notes, bonds, mortgages or other evidences of indebtedness which have been taken officially by the township treasurer, are not in proper form,, or that the securities which he has taken are insufficient, it shall be the duty of the trustees to take at once such action as may be necessary to 72 protect the property or fund of the township and the district. For a failure or refusal to take such action within twenty days after such notice, the trustees of schools, each in his individual capacity, shall be liable to a fine of not less than twenty-five nor more than one hundred dollars, to be recovered before any justice of the peace, or information in the name of the People of the State of Illinois, provided such insuffi- ciency is proven, and, when collected, such fine shall be paid to the county superintendent of the proper county for the use of the schools. The payment of this fine shall not relieve the board of trustees from any civil liability they may have incurred from such neglect of duty. § 245. When a change shall be made in the boundaries of a school district, and a written statement of such change shall be delivered to the county clerk, it shall be the duty of the county clerk to file such statement and all papers relating thereto and record them. And in case of a neglect or failure to do so the said county clerk shall be liable to a penalty of twenty-five dollars, to be recovered by an action of debt, before any justice of the peace, at the suit of the county superintendent, for the benefit of the school fund of the county. § 246. Trustees of schools shall be liable, jointly and severally, for the sufficiency of securities taken from township treasurers ; and in case of judgment against any treasurer and his securities for or on account of any default of such treasurer, on which the money shall not be made for want of sufficient property whereon to levy execution, action on the case may be maintained against the trustees, jointly and severally, and the amount not collected on the judgment shall be recovered with costs of suit from such trustees. If the trustees can show, satisfactorily, that the security taken from the treasurer, was, at the time it was taken, good and sufficient, they shall not be liable. § 247. If the trustees of schools shall fail to observe the provisions of this Act in reference to the distribution of funds and property when a new district is formed, they shall be individually and jointly liable to the district interested, in an action on the case, to the full amount of the damages sustained by the district aggrieved. When trustees have heretofore failed to make the distribution of property to districts, as provided by this Act, the district interested in such distribution may, by its directors, request the trustees in writing to make such distribu- tion; and the trustees shall make it in the manner prescribed, and shall be liable, as herein stated, for the neglect or failure to do so. § 248. The clerk of any board of trustees who shall fail, neglect or refuse to perform the duties imposed upon him by this Act, within the time or in the manner prescribed, shall, for each offense, forfeit not less than ten dollars, nor more than twenty-five dollars, of his pay as clerk of the trustees of schools and township treasurer, which forfeiture shall be enforced by the trustees. § 249. 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 this Act, he shall be liable to a penalty of not less than $5.00 nor more than $50.00, to be recovered before any justice of the peace of the county in which the offense is committed. 73 § 250.- For any failure or, refusal to perform all the duties required of the township treasurer by law, he shall be liable to the trustees of schools, upon his official bond, for all damages sustained, to be recovered by action of debt by the trustees for the use of the township, before any court having jurisdiction of the amount of damages claimed; but if the treasurer, in any failure or refusal, acted under and in conformity to a requisition or order of the trustees of schools, or a majority of them, entered upon their journal and subscribed by their president and clerk, then, and in that case, the trustees of schools or those voting for such requisition or order, 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 superintendent of schools, for the use of the townships : Provided, how- ever, that the township treasurer shall be liable for any part of the judgment obtained against the trustees of schools which cannot be col- lected on account of their insolvency. § 251. If judgment shall be obtained against any trustee of schools or directors, the party entitled to the benefit of such judgment may have execution therefor as follows : The court in which such judgment shall be obtained, or to which such judgment may be removed by transcript or appeal from a justice of the peace, or other court, shall issue a writ commanding the directors, trustees and treasurer of such township to cause the amount thereof, with interest and costs, to be paid to the party entitled to the benefit of such judgment, out of any moneys of such township or district unappropriated, or if there be no such moneys, out of the first moneys applicable to the payment of the kind of services or indebtedness for which such judgment shall be obtained, which shall be received for the use of such township or district, and to enforce obedience to such writ by attachment, or by mandamus, requiring such board to levy a tax for the payment of such judgment; and all legal processes, as well as writs to enforce payment, shall be served either on the president or the clerk of the board. § 252. Trustees of schools, or either of them, failing or refusing to make returns of children in their township according to the provisions of this Act, or if either of them shall knowingly make a false return, the party so offending shall be liable to a penalty of not less than $10.00 nor more than $100.00, to be recovered by an action of assumpsit before any justice of the peace of the county; which penalty, when collected, shall be added to the distributive fund of the township in which the trustees reside. § 253. If the judges of a school election called for any legal pur- pose shall fail or neglect to deliver a copy of the poll book of any such election, with a certificate thereon showing the results of such election, to the officer to whom such return shall be made, within ten days after such election, they shall be severally liable to a penalty of not less than $25.00 nor more than $100.00, to be recovered in the name of the People of the State of Illinois, by an action of debt before any justice of the peace of the county. The penalty, when collected, shall be added to the distributive fund of the township. 74 § 254. If the school directors of any district in this State shall fail to examine and deliver to the township treasurer on or before the seventh day of July, annually, all teachers' schedules made and certified as required by law, and covering the time taught during the school year ending June 30, they shall be personally liable to the district for any and all loss sustained by it through their failure to do so. § 255. Any director who shall be interested in a contract made by the board of which he is a member shall he liable to indictment, and upon conviction shall be fined in a sum not less than $25.00 and not more than $500.00, and may be imprisoned in the county jail not less than one nor more than twelve months, at the discretion of the court. § 256. For any failure to comply with the requisitions of section 84 of this Act, the treasurer or other person neglecting or refusing shall be liable to a penalty of not less than ten nor more than one hundred dollars, at the discretion of the court before which judgment may be obtained, to be recovered in an action of debt before any justice of the peace, for the benefit of the distributive fund of such township: Pro- vided, however, that the obtaining or payment of such judgment shall in no wise discharge or diminish the obligations of the persons signing the official bond of such township treasurer. § 257. If any county superintendent, trustee of schools, township treasurer, director or any other person entrusted with the care, control, management or disposition of any school, college, seminary or township fund for the use of any county, township, district or school, shall con- vert such funds, or any part thereof, to his own use, he shall be liable to indictment, and, upon conviction, shall be fined in a sum not less than double the amount of money converted to his own use, and impris- oned in the county jail not less than one nor more than twelve months, at the discretion of the court. § 258. The real estate of county superintendents, of township treas- urers, and all other school officers, and of the securities of each of them, shall be bound for the satisfaction and payment of all claims and demands against such superintendents, treasurers and other school officers as such from the date of issuing process against them, in actions or suits brought to recover such claims or demands until satisfaction thereof be obtained ; and no sale or alienation of real estate, by any superintendent, treasurer or other officer or security, shall defeat the lien created by this section, but all and singular such real estate held, owned or claimed, shall be liable to be sold in satisfaction of any judgment which may be obtained in such actions or suits. § 259. If any county superintendent, trustee, director, or other offi- cer whose duty it is, shall negligently or wilfully fail or refuse to make, furnish or communicate statistics and information, or shall fail to discharge the duties enjoined upon them, or either of them, at the time and in the manner required by the provisions of this Act, he shall be liable to a fine of not less than $25.00, to be recovered before any justice of the peace at the suit of any person, on information in the name of the People of the State of Illinois, and when collected, the fine shall be paid to the county superintendent of schools. 75 § 260. No State, county, township or district school officer or teacher 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 such officer or teacher may be connected; and for offending against the provisions of this section such State, county, townshi^ or district school officer or teacher shall be liable to indictment, and upon conviction shall be fined not less than twenty-five nor more than five hundred dollars, and may be imprisoned in the county jail not less than one nor more than twelve months, at the discretion of the court. § 261. Any school officer or officers, or any other person, who shall exclude or aid in excluding from the public schools, on account of color, any child who is entitled to the benefits of such school, shall be fined, upon conviction, not less than five nor more than one hundred dollars. § 262. Any person who shall, by threats, menace or intimidation, prevent any colored child entitled to attend a public school in this State from attending such school shall, upon conviction, be fined not exceeding $25.00. § 263. No county, city, town, township, school district or other public corporation shall make any appropriation, or pay from any school fund whatever, anything in aid of any church or sectarian purpose, or to support or sustain any school, academy, seminary, college, university or other literary or scientific institution controlled by any church or sectarian denomination whatever; nor shall any grant or donation of money or other personal property, be made by any such corporation to any church or for any sectarian purpose. Any officer, or other person having under his charge or direction school funds or property, who shall pervert the same in the manner forbidden in this section shall be liable to indictment, and, upon conviction, shall be fined in a sum not less than double the value of the property so perverted, and imprisoned in the county jail not less than one nor more than twelve months, at the discretion of the court. § 264. County superintendents, trustees of, schools, township treas- urers and directors, or either of them, or any other officer having charge of school funds or property, shall be pecuniarily responsible for all losses sustained by any county or township fund, by reason of any failure on his or their part to perform the duties required of him or them by the provisions of this Act, or by any rule or regulation authorized to be made by the provisions of this Act, and each and every one of the officers aforesaid shall be liable for any such loss sustained as aforesaid, and the amount of such loss may be recovered in a civil action brought in any court having jurisdiction thereof, at the suit of the State of Illinois, for the use of the county, township or fund injured; the amount of the judgment obtained in such suit shall, when collected, be paid to the proper officer for the benefit of the county, township or fund injured. MISCELLANEOUS. § 265. All school officers elected in pursuance of any general law now in force shall hold their respective offices until their successors are elected and qualified under the provisions of this Act. 76 § 266. Trustees of schools,, school directors or other school officers performing like duties, shall receive no pecuniary compensation, but they shall be exempt from road labor and military duty during their term of office. § 267. No justice of the peace, constable, clerk of any court, sheriff or coroner shall charge any costs in any suit in which any school officer, school corporation or any agent of any school fund, suing for the recovery of the same, or any interest due thereon, is plaintiff and shall be unsuc- cessful in such suit; nor in case the costs cannot be recovered from the defendant by reason of the insolvency of such defendant. § 268. No person shall vote at any school election held under the provisions of this Act who does not possess the qualifications of a voter at a general election. § 269. Any woman who has attained the age of 21 years, and who possesses the qualifications prescribed, shall be eligible to any office under the general or special school laws of this State. § 270. Any woman who is a citizen and has attained the age of 21 years, who shall have resided in the State one year, in the county ninety days and in the election district thirty days preceding any election held for the purpose of choosing any school officer under the general or special school laws of this State, shall be entitled to vote at such election, when registered in the manner provided by law. If the election of school officers shall occur at the time other public officers are elected, the ballot offered by any woman shall contain only the names of candidates for school officers. Such ballots shall be deposited in a separate ballot box, but canvassed with other ballots cast for school officers at such election. § 271. The Governor shall, annually, in the spring, designate by official proclamation, a day or days to be known as "Arbor and Bird 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, and as a day on which to hold appropriate exercises in the public schools and elsewhere, tending to show the value of trees and birds and the necessity for their protection. § 272. The proceedings of the State Teachers' Association, when approved by the Superintendent of Public Instruction, shall be printed and bound by the Secretary of State, on the same terms as the proceed- ings of State boards, and the Auditor of Public Accounts shall draw his warrant therefor on the State Treasurer to be paid out of the appro- priation for printing, upon a voucher properly certified by the Board of Commissioners of State Contracts. § 273. 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 school and above the third year of school work, computing from the. beginning of the lowest primary year, or in cor- 77 responding 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 mentioned all pupils in the lowest three primary school years, or in corresponding classes in ungraded schools, shall each year be instructed in this subject orally for not less than three lessons a week for ten weeks in each year, by teachers using text books adapted for such oral instruction as a guide and standard. The local school authorities shall provide needed facilities and 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, intermediate, grammar and high school pupils, or to corresponding classes as found in ungraded schools. For students below high school grade such text books shall give at least one-fifth their space, and for students of high school grade shall give not less than twenty pages, to the nature and effects of alcoholic drinks and other narcotics. The pages on this subject, in a separate chapter at the end of the book, shall not be counted in determining the minimum. In all normal schools, teachers' training classes and teachers' institutes, adequate time and attention shall be given to instruction in the best method of teaching this branch, and no teacher shall be licensed who has not passed a satisfactory examination in this subject and the best methods of teaching it. Any school officer or officers who shall neglect or fail to comply with the provisions of this section shall forfeit and pay for each offense the sum of not less than five dollars nor more than twenty-five dollars. § 274. Every person having control of any child between the ages of seven and sixteen years, shall annually cause such child to attend some public or private school for the entire time during which the school at- tended is in session, which shall not be less than six months of actual teaching: Provided, however, that this Act shall not apply in case the child has been or is being instructed for a like period in each and every year in the elementary branches of education by a person or persons competent to give such instruction, or in case the child's physical or mental condition renders his or her attendance impracticable or inex- pedient, or in case the child is excused for temporary absence for cause by the principal or teacher of the school which said child attends, or in case the child is between the ages of fourteen and sixteen years and is necessarily and lawfully employed during the hours when the public school is in session. For every neglect of the duty prescribed by this section, 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 nor more than twenty dollars and costs of suit, and shall stand committed until such fine and costs of suit are paid. § 275. The board of education or the board of school directors, as the case may be, shall appoint at the time of election of teachers one or more truant officers whose duty it shall be to report all violations of the preceding section to the board of education or board of directors and to 78 enter complaint against and -prosecute all persons who shall appear to be guilty of such violation. It shall also be the duty of the truant officer 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 designated, or in case he refuses or fails to designate any school, then such truant officer shall place such child in charge of the teacher of the public school. And it shall be the duty of said teacher to assign said child to the proper class and to instruct him or her in such studies as he or she is fitted to pursue. The truant officer so appointed shall be entitled to such compensation for services rendered under this Act as shall be determined by the board appointing him, which compensation shall be paid from the distributive fund of the district: Provided, however, that nothing herein shall prevent the parent, guardian or per- son having charge of such truant child, which has been placed in any school by the truant officer, to send said child to any other school which said child is by law entitled to attend. Any person having control of a child, who, with intent to evade the provisions of this section, shall make a false statement concerning the age or the employment of such child or the time such child has attended school, shall for such offense forfeit a sum of not less than three dollars nor more than twenty dollars for the use of the public schools of the district. § 276. This Act shall not be construed so as to repeal or change, in any respect, any special Act in relation to schools in cities having a population of fewer than 100,000 inhabitants, or cities, townships or districts, except that in every such city, township or district the limit of taxation for educational and building purposes shall be the same as that fixed in section 189 of this Act ; and except that it shall be the duty of the several boards of education or other officers of any city, township or district, having in charge schools under the provisions of any special Act or Acts, on or before the 15th day of July preceding each session of the General Assembly of this State, or annually, if required so to do by the Superintendent of Public Instruction, to report statistics and other information relating to schools, and the enumeration of persons as required of trustees of schools or directors, under the provisions of this Act, or so much thereof as may be applicable to such city, township or district, to the county superintendent of the county in which such city, township or district is situated; nor shall it be lawful for the county superintendent, or any other officer or person, to pay over any portion of the common school fund to any local treasurer, school agent, clerk, board of education or other officer or person of any city, town- ship or district, unless a report of the number of persons, and other sta- tistics relating to schools, and such other information as may be required 79 by the trustees of schools or school directors, and other school officers and teachers, under the provisions of this Act, shall have been filed with the superintendent of the proper county. § 277. An Act to establish and maintain a system ot tree schools, approved May 21, 1889, as amended, is hereby repealed. § 278. Whereas, An emergency exists, this Act shall take effect from and after its passage. Approved June 12, 1909. 80 SUPPLEMENTAL ACTS. BOARD 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 by the People of the State of Illinois, repre- sented in the General Assembly: That in all cases, where, by the provi- sions of any general or special law, the members of any common council of any city have been made ex officio school directors, or members of the board of education in and for the school district of which the said city shall constitute the whole or a part, the said school directors or members of the board of education shall hereafter be appointed as hereinafter provided. 1. The application of this Act relates only to the school districts that include the cities of Alton, Carlinville, Galena, LaHarpe, Lake Forest, Litch- field, Macomb, Rockford and Waukegan. § 2. It shall be the duty of the mayor of said city, at the first regular meeting of the city council after each annual municipal election, and after his installation into office, to nominate and place before the coun- cil, for confirmation as school director or members of the board of education, as the case may be, one person from each ward of said city to serve for two years, and one person from the city at large to serve for one year, and if the persons so appointed shall be so confirmed by a majority vote of the city council, to be entered of record, the persons so appointed, together with such persons theretofore appointed under the provisions of this Act, to which this is an amendment, 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 in case of a tie : And, provided, further, that the term of office of all persons heretofore appointed under the provisions of the Act to which this is an amendment, whose terms of 81 office expires within one year, shall terminate at the first regular meeting of the city council after the annual meeting, and upon the appointment and confirmation of their successors. (As amended by Act approved and in force May 28, 1889.) § 3. The said persons shall, as soon as practicable after their appoint- ment, organize by electing one of their number secretary, who shall hold his office for one year. All rights, powers and duties heretofore exercised by and devolved upon the members of the city council, as ex officio members of the board of education, or school directors, shall devolve upon and be exercised by the members of the board of education and school directors appointed under the provisions of this Act. (As amended by Act approved and in force May 28, 1889.) § 4. In all school districts to which this Act shall apply the boards of education or school directors shall annually, before the first day of August, certify to the city council, under the . hands and seals of the president and secretary of the board, the amount of money required to be' raised by taxation for school purposes in said district for the ensuing year, and the said city council shall thereupon cause the said amount to be levied and collected in the same manner • now provided 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 purposes by the general school laws of this State; and when such taxes have been collected and paid over to the treasurer of such city or school district, as may be provided by the terms of the Act under which such district has been organized, such funds shall be paid out only on the order of the board of education or school directors, signed by the president and secretary of such board. . Approved May 29, 1879. BOARD OF EDUCATION ELECTED. An Act to give cities, incorporated, towns, townships and districts, in which free schools are now managed under special Acts, authority to elect boards of education having the same powers as boards of education now elected under the general free school laws of this State. Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That any city, incorporated town, township or district having a population of not less than 1,000 and not over 20,000 inhabitants, in which free schools are now managed under any special Act, may, by vote of its electors, determine to elect, instead of the directors or other governing or managing board, now provided for by such special Act, a board of education which shall be elected at the time and in the manner and have the powers now conferred by law upon boards of education of districts not governed by any special Act. — 6 S L 82 § 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 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 "electing a board of education having the powers conferred upon such boards in districts organized 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 district; and should there not be sufficient time to give the notice required by law for such election, then such election may be held on any Saturday thereafter, but all subsequent elections shall be held at the time provided by the free school law. Approved June 2, 1891. 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 request of the city council, to assume and provide for, by borrowing and taxation, any indebtedness now existing, created by the authorities of the city for school purposes. Approved June 22, 1891. 83 BONDS. An Act to authorize certain school districts to issue bonds 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 building 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 indebtedness, may issue bonds in denomi- nations 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 exceed five (5) per centum, per annum, payable annually, semi-annually or quarterly, and signed by the presi- dent 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 previous to incurring such indebtedness. (As amended by an Act approved March 30, 1905.) § 2. All bonds authorized by virtue of this Act, before being issued, negotiated and sold, shall be registered, numbered and countersigned by the treasurer of such school district. Such register [registration] 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 anv 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 election two members of the school board shall act as judges and one shall act 84 as clerk. The judges and clerk shall take the oath required of judges and clerks of an election held for county or township officers. 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 treasurer 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 outstand- ing, 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 or persons, for money with which to take up the same, new bonds in accord- ance 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. Whereas, An emergency exists, this Act shall be in full force and effect from and after its passage. Approved and in force May 10, 1901. BOARD OF EDUCATION IN CERTAIN CASES. An Act to provide for the election of boards of education in school districts organized under special Acts of the Legislature of this State, where such school districts are maintained under the general school laws of this State, and where there is no provision in such special Acts for the election of hoards of education. Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That hereafter, in all school districts in this State organized under any special law of this State, and maintaining public schools under any general school laws of this State, where there is no provision in said special Acts creating such special school districts, for the election of boards of education as other- wise provided, there shall be elected in • each of said special school districts, in lieu of the school directors as now provided, a board of 85 • education, to consist of seven members to be elected at the time and in the manner as now provided by the general law for the election and qualification of boards of education in other cases:- Provided, that at the first election of such board, which shall be held on the third Saturday in April, A. D. 1898, two of such members shall be elected to serve one year, two to serve two years, and two to serve three years, and a 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 inhabit- ants 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 provisions of this act govern the schools only in the Illiopolis, Lockport, Marion, Naperville and Olney districts. § 2. Whereas, An emergency exists, therefore this Act shall take effect from and after its passage. Approved June 10, 1897. BOARDS OF EDUCATION IN CERTAIN DISTRICTS. An Act to amend section 1 of an Act entitled, "An Act to provide for the election of boards of education in certain districts," approved May 15, 1903, in force July 1, 1903. Section 1. Be it enacted by the People of the State of Illinois, repre- sented in the General Assembly: That section one (1) of an Act en- titled "An Act to provide for the election of boards of education in cer- tain districts," approved May 15, 1903, in force July 1, 1903, be and the same is hereby amended to read as follows: § 1. 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 common 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 hoard of education, there shall be elected hereafter in each of said school districts, in lieu of the present governing body, a 86 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: Provided, however, that where any such school district shall lie wholly within or partly within and partly without any such city, village or incorporated town and said city, village or incorporated town, has adopted or may adopt an Act entitled, "An Act regulating the holding of elec- tions and declaring the result thereof in cities, villages, and incorporated towns in this State," approved June 19, 1885, and in force July 1, 1885, and acts amendatory thereof, then the board of directors or board of education of such school district shall locate the polling place or places, appoint the judges and clerks and otherwise conduct the election in that portion or part of the school district that lies without such city, village or incorporated town, in the manner now provided by law, except as hereinafter provided, but no one residing without such city, village or incorporated town shall vote at any polling place within, nor shall any one residing within vote at any polling place without, and the votes cast at the polling place or places without such city, village or incorporated town, shall be returned, certified and canvassed as is now provided by law in such cases, and in addition thereto a complete abstract of the vote cast and canvassed shall be made, certified and returned to the board of election commissioners of such city, village or incorporated town: And, provided, further, that in all that part or portion of such school district that lies within such city, village or incorporated town, and in such school district, when the same lies wholly within any such city, vil- lage or incorporated town, the election for such board of directors or board of education shall be conducted by the board of election commis- sioners of such city, village or incorporated town and in accordance with the provisions of the said Act of June 19, 1885, and the amendments there- to: And, provided, further, when such school district lies partly within and partly without any such city, village or incorporated town, the said board of election commissioners shall certify the returns received by them from the polling place or places without such city, village or incorporated town, to the proper officer or officers ; and all the returns so certified and returned by the said board of election commissioners shall be canvassed, together with the returns certified from the polling places within such city, village or incorporated town, by the same canvassing board and the results thereof declared, and certificates of election shall be issued thereon the same as if all such votes had been cast in, certified and returned from such city, village or incorporated town: And, provided, further, that the regular election for the members of such board of education in any such school district lying wholly within or partly within and partly without any such city, village or incorporated town, which city, village or incorporated town has adopted or may adopt said Act of June 19, 87 1885, and Acts amendatory thereof, shall be held on the first Tuesday of the month of April of each and every year after the passage of this Act: And, provided, further, that nominations of candi- dates for the office of member of said board of education to be voted for at all elections provided for in this Act shall be made only by petition in like manner as is provided for nominations of candidates by petition for town offices in counties under township organization by* an Act entitled, "An Act to provide for the printing and distribution of ballots at public expense, and for the nominations of candidates for public offices, to regulate the manner of holding elections, and to enforce the secrecy of the ballot," approved June 22, 1891, in force July 1, 1891, and Acts amendatory thereof; such petitions to be addressed to and filed in the office of the said board of education of such city, village or incorporated town, which board may certify to the said board of elec- tion commissioners the petitions so filed ; except, however, that such peti- tions for nominations at the election which may be held on the fourth day of April, 1911, may be filed on or before five days before such elec- tion; the said elections in other respects to be held under the provisions of the said Act of June 22, 1891, and Acts amendatory thereof, so far as the same may apply and may not be inconsistent with the provisions of this Act. 1. The foregoing section affects only the school districts in which the cities of Quincy and Springfield are situate. § 2. Whereas, An emergency exists, therefore, this Act shall take effect and be in force from and after its passage. Approved March 29, 1911. 88 ADDITIONAL ACTS. ANNEXATION OF TERRITORY. An Act to provide for the annexation of cities, incorporated towns and villages, or parts of same, to cities, incorporated towns and villages. Section 1. Be it enacted by the People of the State of Illinois, rep- resented in the General Assembly: That where an incorporated city, town or village adjoins another incorporated city, town or village, it may be annexed thereto in the manner following, that is to say: * * ' * * * * * § 4. The city, village or incorporated town to which the whole or another city, village or incorporated town is annexed under the pro- visions of this Act shall assume and pay any and all debts, liabilities, bonds or obligations and interests thereon of the city, incorporated town or village so annexed and shall become vested with title and ownership of all property belonging to said city, village or incorporated town so annexed, to be held for the same purposes and to the same uses, subject to the same conditions as. theretofore, and if the public schools of such enlarged city, village or incorporated town are all in charge and under the control of one board of education, the said enlarged city, village or incorporated town shall assume and pay the indebtedness of each school district or township lying wholly therein, and shall become vested with the title and ownership of all property belonging to any school district or township lying wholly therein, to be held for the same purposes and to the same uses and subject to the same conditions as theretofore. If the bonds of said city, village or incorporated town so annexed, or of any school district or township lying wholly therein have been registered in the office of the State Auditor of Public Accounts, in accordance with the statute, the county clerk shall certify the fact of such annexation forthwith to said State Auditor, and said State Auditor shall not there- after certify any rate per centum to the county clerk, nor shall the county clerk thereafter extend any such rate for the payment of said bonds or interest thereon upon the taxable property of such city, town or village so annexed, or school district or township. All debts, bonds and obligations of the united municipality to be paid by the enlarged city, village or incorporated town. And if there be a portion of a school district or township lying within, and a portion lying without such annexed territory, the debts of such school district or township shall be 89 paid, and the property divided in the same manner as is provided for paying debts and dividing property in section eight of this Act where parts of cities, villages or incorporated towns are annexed to other cities, villages or incorporated towns. ******* § 8. When a part of the territory of a city, village or incorporated town is taken therefrom and annexed to another city, village or incorpor- ated town, under the provisions of this Act, then the proportionate share of any indebtedness, contract or liability of such city, village or incor- porated town from. which such territory is taken shall be assumed and paid by such enlarged city, village or incorporated -town according to the taxable property in such disconnected territory as the same existed im- mediately before such annexation, and if the public schools of such enlarged city, village or incorporated town shall be in charge and control of one board of education, then the proportionate share of any indebted- ness of any school district or township shall be assumed and paid by such enlarged city, village or incorporated town, according to the taxable property in such part of such disconnected territory within such school district or township as the same existed immediately before such annexa- tion, and if the whole of a school district or township is annexed then such municipality shall assume and pay all the indebtedness of such school district or township. The amount of the said indebtedness to be paid by said enlarged city, town or village shall be determined and agreed upon by the city council of the city or trustees of the village or incorporated town to which such territory is annexed, and the city coun- cil of the city or trustees of the village or incorporated town from which such territory is taken, or the school authorities of the school district or township of which such disconnected territory was a part, as the case may be, in such manner as they shall elect; if they cannot agree, then the matter shall be determined by the circuit or county court of the county in which such municipal corporation may be to which such annexation is made by petition of either municipal corporation or of any taxpayer of either municipality. The court shall hear and determine the matter in a summary manner, without pleadings, and shall pro- nounce judgment as the right and equity of the matter may demand. If the respective corporate authorities shall agree as to the amount to be paid by such enlarged city, town or village, then each shall pass an ordinance or a resolution reciting the amount thereof to be paid, a copy of which said ordinance or resolution shall be duly certified by the clerk of the city, village or incorporated town, to which such territory is annexed, and filed with the county clerk of the county wherein such enlarged city, town or village may lie, and by him certified to the State Auditor of Public Accounts, and which said ordinance or resolution shall be final and conclusive in all proceedings as to the amount of in- debtedness so to be paid. If a juc! 6 iiient or decree shall be entered by a circuit or county court as herein provided, then a certified copy thereof shall be made by the clerk of said court, and filed with the clerk of each of the said municipal corporations and with the county clerk and by the county clerk certified to the State Auditor of Public Accounts, and 90 such judgment shall be final and conclusive in all proceedings as to the amount of indebtedness to be paid by each municipality. The State Auditor shall not thereafter certify any rate per centum to the county clerk, nor shall the county clerk thereafter extend any rate upon the taxable property of said annexed territory for the payment of any of said bonds or interest thereon so issued by the city, incorporated town or village from which it is disconnected. Said enlarged city, town or village shall be vested with the title and ownership of all the public and school property in such annexed territory, and shall be charged there- with in the division of the public pronerty of such dismembered city, incorporated town or village, or school district, or township, between said municipalities, or between said enlarged city, town or village, and any dismembered school district or township as the case may be, and the territory not annexed shall be charged with all the public property within such territory, and all the public funds in the hands of the cor- porate authorities, such division to be agreed upon by the same author- ities or settled by the court in the same manner and upon the same basis as above provided for in dividing the indebtedness of said dismembered municipality or school district or township. Approved and in force April 23, 1889. CHILD LABOR. An Act to regulate the employment of children in the State of Illinois, and to provide for the enforcement thereof. Section 1. Be it enacted by the People of the State of Illinois, rep- resented 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, manufacturing establishment, bowling alley, pas- senger 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: Provided, that no child shall be allowed to work more than eight hours in any one day. § 2. It shall be the duty of every person, firm or corporation, 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 institution, store, office, hotel, laundry, manufacturing establishment, bowling alley, theatre, concert hall or place of amusement, factory or workshop in which said minors shall be 01 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 permitted 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 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. Every person, firm or corporation, agent or manager of a corpo- ration 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 suffered 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. iS T o child under 16 years of age and over 14 years of age shall be employed 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, 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 amusement, factory or workshop, and accessible to the State Factory Inspector, 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. 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 superin- tendent of public schools to administer the oaths herein provided for children attending parochial schools: Provided, further, that no mem- ber of a school board or other person authorized as aforesaid shall have authority to approve such certificates of any child then in or about to enter his own establishment, or the employment of a firm or corporation 92 of which he is a member, officer or employe. The person approving 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 authorities to designate a place (con- nected with their offices, when practicable) where certificates shall be issued and recorded, and to establish and maintain the necessary records and clerical service for carrying out the provisions of this Act, § 6. An age and school certificate shall not be approved unless satis- factory 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. 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 author- ized 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 separately 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 city 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) 93 EVENING SCHOOL ATTENDANCE CERTIFICATE. (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 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 CERTIFICATE. 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 ) . ( nn inber 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 or she), 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 city and date) 94 In the case of a child who cannot read at sight and write legibly simple sentences, the certificate shall continue as follows, after the word sentences : "I hereby certify that is regularly attending the (he or she). (name of public or parochial evening school). This certificate shall continue in force just as long as the regular attendance of said child at said evening school is certified weekly by the teacher and principal of said 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 16 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 evidence as to the literacy or illiteracy of the child. § 8. No person shall employ any minor over 14 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 regular attendant at such evening school. § 9. The State Inspector of Factories, his assistants or deputies shall visit all mercantile institutions, stores, offices, laundries, manufacturing establishments, bowling alleys, theatres, concert halls or places of amuse- ment, factories or workshops, and all other places where minors are or may be employed, in this State, and ascertain whether any minors are employed 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, provided, 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 employed in any mercantile institution, store, . office, laundry, manufacturing establish- ment, bowling alley, theatre, concert hall or place of amusement, pas- senger 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. No person under the age of 16 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 7 :00 o'clock in the morning or after the hour of 7 :00 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, 95 the hours of commencing and stopping work and the hours when the time or times allowed for dinner or for other meals begins and ends. The printed form of such notice shall be furnished by the State Inspector of Factories, and the employment of any such minor for longer time in any day so stated shall be deemed a violation of this section. § 11. No child under the age of 16 years shall be employed at sewing belts, or to assist in sewing belts, in any capacity whatever; 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 machinery, emery or polishing wheels used for polishing metal, wood-turning or boring machinery, stamping machines in sheet metal and tinware manufactur- ing, stamping machines in washer and nut factories, operating corru- gating rolls, such as are used in roofing factories, nor shall they be employed in operating any passenger or freight elevators, steam boiler, steam machinery, or other steam generating apparatus, 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 preparing any composition in which dangerous or poisonous acids are used, and they shall not be employed in any capacity in the manufacture of paints, colors or white lead; nor shall they be employed in any capacity whatever in operating or assisting to operate any passenger or freight elevator; nor shall they be employed in any capacity whatever in the manufacture of goods for immoral purposes, or any other employment that may be considered dangerous to their lives or limbs, or where their health may be injured or morals depraved; nor in any theatre, concert hall, or place of amusement wherein intoxicating liquors are sold; nor shall females under 16 years or age be employed in any capacity where such employment compels them to remain standing constantly. § 12. The presence of any person under the age of 16 years in any manufacturing establishment, factory or workshop, shall constitute prima facie evidence of his or her employment therein. § 13. It shall be the special duty of the State Factory Inspector to enforce the provisions 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. § 14. Whoever having under his control a child under the age of 16 years, permits such child to be employed in violation of the provi- sions of this Act, shall, for each offense, be fined not less than $5.00 96 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 mate- rially 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 corporation, whether for himself or for such firm or corporation, or by himself, 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 factory inspector, assistant factory inspector, or deputy factory inspector, in the perform- ance 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 offense, and stand committed until such fine and costs are paid. Approved May 15, 1903. DEAF AND DUMB AND BLIND CHILDREN. An Act to enable school directors and boards of education to establish and maintain classes and schools for deaf and dumb and blind chil- dren, and providing for the payment from the State treasury of the excess cost of maintaining and operating such classes and schools over the cost of maintaining and operating elementary schools for normal children. Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That boards of education and school directors shall be empowered to establish and maintain classes and schools for deaf and dumb and blind children. § 2. Such boards of education may acquire sites for such schools anywhere within the counties in which said cities are situated in the same manner as is provided in the case of the acquirement of public school sites in said cities, and authority is hereby expressly granted for this purpose. § 3. The board of education establishing and maintaining such classes, school or schools, may also employ a superintendent and all other necessary officers, agents and teachers for such schools, and shall prescribe the method of discipline and the course of instruction therein, and shall exercise the same powers and perform the same duties as are 97 prescribed by law for the establishment, maintenance and management of other classes and schools, and, in addition thereto, shall have all powers necessary to carry the terms and provisions of this Act into operation and effect. § 4. No person shall be employed to teach any class or classes in such school or schools who shall not have first obtained a certificate of qualification for teaching in such school or schools, as provided by law. All classes or schools maintained for the deaf, shall be established for the benefit of deaf children between the ages of 3 and 21 years. But no person shall be authorized or employed to teach the deaf, who shall not have received instruction in the methods of teaching the deaf for a term of not less than one year. § 5. The board of education shall keep an accurate, detailed and separate account of all moneys paid out by it for the maintenance of such classes and schools, and for the instruction and care of the pupils attending them, and shall report the same to the Board of Administra- tion for approval, on vouchers prescribed by said board, on or before the third Monday in August in each year, together with the excess of cost for each and every such pupil for each school year ending in June, over the last ascertained average cost to such board of education for the instruction of normal children in the elementary public schools of the city for a like period of time of attendance, as such excess shall be determined and computed by said board of education. § 6. The aggregate excess cost of the maintenance of such classes and schools as determined, computed and reported by the board of education as provided in section 6 of this Act shall be, and the same is hereby made a charge against the State of Illinois and such excess cost shall be paid annually to such board of education on the warrant of the Auditor of Public Accounts out of any money in the treasury appropriated for such purposes, on presentation of proper vouchers approved by the Board of Administration : Provided, however, that such excess cost for each pupil shall not exceed the following amounts: For deaf and dumb pupils $110 00 a pupil For blind pupils 160 00 a pupil § 7. All classes and schools established according to any of the provi- sions of this Act shall be subject to the supervision of the Superintendent of Public Instruction. § 8. The Auditor of Public Accounts is hereby authorized and directed to draw his warrants on the State Treasurer on or before the first Monday in September of each year for the respective sums of excess cost theretofore reported to him, as provided in section 7 of this Act, upon the order of the Board of Administration. Approved June 2, 1911. -7 S L 98 DELINQUENT CHILDREN. An Act to enable school directors and boards of education, to establish and maintain classes and schools for delinquent children committed by courts of competent jurisdiction, and providing for the payment from the State treasury of the excess cost of maintaining and operat- ing the said classes and schools over the cost of maintaining and operating elementary schools for normal children. Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: • That boards of education and school directors shall be empowered to establish and maintain classes and schools for delinquent children, committed by courts of competent jurisdiction. § 2. Such boards of education may acquire site or sites for such schools anywhere within the counties in which said cities are situated in the same manner as is provided in the case of the acquirement of public school sites in said cities, and authority is hereby expressly granted for this purpose. § 3. The board of education establishing and maintaining such classes, school or schools, may also employ a superintendent and all other necessary officers, agents and teachers for such schools, and shall prescribe the method of discipline and the course of instruction therein, and shall exercise the same powers and perform the same duties as are prescribed by law for the establishment, maintenance and management of other classes and schools, and, in addition thereto, shall have ail powers to carry the terms and provisions of this Act into operation and effect. § 4. No person shall be employed to teach any class or classes in such school or schools who shall not have first obtained a certificate of qualifi- cation for teaching in such school or schools as provided by law. § 5. The. board of education shall keep an accurate, detailed and sepa- rate account of all moneys paid out by it for the maintenance of such classes and schools, and for the instruction and care of the pupils attending them, and shall report the same to the Board of Administra- tion for approval, on voucher forms prescribed by said board, on or before the third Monday in Augusi of each year, together with the excess of cost for each and every such pupil for each school year ending in June, over the last ascertained average cost to such board of educa- tion for the instruction of normal children in the elementary public schools in the city for a like period of time of attendance as such excess shall be determined and computed by said board of education. § 6. The aggregate excess cost of the maintenance of such classes and schools as determined, computed and reported by the board of educa- tion as provided in section 5 of this Act shall be and the same is hereby made a charge against the State of Illinois and such excess cost shall be paid annually to such board of education on the warrant of the Auditor of Public Accounts out of any money in the treasury appro- 99 priated for such purposes, on presentation of proper vouchers approved by the Board of Administration: Provided, however, that such excess cost for each pupil shall not exceed the following amount: For delinquent children • $190.00 a pupil § 7. All classes and schools established according to any of the provi- sions of this Act shall be subject to the supervision of the Superintendent of Public Instruction. § 8. The Auditor of Public Accounts is herebv authorized and directed to draw his warrants on the State Treasurer on or before the first Monday in September of each year for the respective sums of excess cost therefore reported to him, as provided in section 5 of this Act, upon the order of the Board of Administration. Approved June 2, 1911. ELECTIONS IN CERTAIN DISTRICTS. An Act to regulate the holding of elections and declaring the result thereof for town, school township and school district purposes, where *uch town, school township or school district lies wholly within or partly within and partly without any city, village or incorporated town which has adopted or may adopt an Act entitled "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, in force July 1, 1885. Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That in all elections hereafter held for town, school township or school district purposes in any town, school township or school district lying wholly within or partly within and partly without any city, village or incorporated town which has or mav adopt an Act entitled "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, in force July 1, 1885, the legal authorities of such town, school township or school district, shall locate the polling place or places, appoint the judges and clerks, and otherwise conduct the election in that portion or part of the town, school township or school district that lies without such city, village or incorporated town, in the manner provided by law, except as hereinafter provided, but no one residing without such city, village or incorporated town shall vote at any polling place within, nor shall any one residing within vote at any polling place without, and the votes cast at the polling place or places without such city, village or incorporated town, shall be canvassed, certified and returned as is now provided by law in such cases, and in addition thereto a complete abstract of the votes cast shall be made, certified and returned to the election commissioners of such city, village or incorporated town. 100 § 2. In all that part or portion of such town, school township or school district that lies within such city, village or incorporated town, or where the same lies wholly within any such city, village or incorpo- rated town, the election shall be conducted by the election commis- sioners of such city, village or incorporated town in strict conformity with the said Act approved June 19, 1885, mentioned in section 1 of this Act, and when partly within and partly without any such city, village or incorporated town the election commissioners shall certify the returns received by them from the polling place or places without such city, village or incorporated town, to the proper officer or officers; and all the returns so certified and returned by the election commis- sioners shall be canvassed, together with the returns certified from poll- ing places within, by the same canvassing board, the results thereof declared, and certificates of election shall be issued thereon, the same as if all such votes had been cast in, certified and returned from such city, village or incorporated town : Provided, it shall not be necessary under this Act for the election commissioners to make or cause to be made a revision of the registry for special elections, or elections to fill a vacancy in a single office. § 3. An officer who shall willfully refuse to perform any duty required by this Act shall be guilty of a misdemeanor, and shall be liable to a fine of not less than one hundred dollars nor more than five hundred dollars, and on conviction shall be removed from office, by the order of the court wherein such fine is assessed, and anv person or combination of persons who shall under any pretense whatever attempt to establish a rival polling place, or otherwise attempt to obstruct or interfere with any election held or to be held under this Act, shall be guilty of a felony, and on conviction shall be imprisoned in the peniten- tiary not less than one nor more than three years. Approved March 23, 1887. ELECTIONS — JUDGES AND CLERKS. An Act to provide for the compensation of judges and clerks of elec- tion at elections at which trustees of schools and school directors are elected under the provisions of an Act entitled "An Act to regulate the holding of elections and declaring the result thereof in cities, villages and incorporated towns in this State," 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 holding of elections and declaring the result thereof in cities, villages and incorpo- rated towns in this State," approved June 19, 1885, and those amenda- 101 tory and supplemental thereto, at which any trustee of schools may have been heretofore or shall hereafter be elected, the expenses of such elec- tion shall be paid out of the treasury of such city, village or incorpo- rated 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. § 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. Approved June 3, 1889. EMINENT DOMAIN. An Act enabling trustees, boards of education, and other corporate authorities of universities, colleges, township high schools, and all other educational institutions established and supported by this State, or by a township, to exercise the right of eminent domain. Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That whenever any lot or parcel of land shall be needed as a site for a building to be erected for any university, college, township high school, or other educational institu- tion, established and supported by this State or by a township therein, and compensation for such lot or parcel of ground cannot be agreed upon between the owner or owners thereof and the trustees, board of education or other corporate authority of such university, college, town- ship high school, or other educational institution so needing such lot or parcel of land for such site, then such trustees, board of education or other corporate authority of such university, college, township high school or other educational institution shall have the power and it shall be their duty to proceed to have such compensation determined in the matter which may be at the time provided by law for the exercise of the right of eminent domain. Approved May 20, 1907. PENSION FUND. An Act to provide for the formation and disbursement of a public school employes pension fund in cities having a population exceeding 100,000 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 102 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 payment thereof, and all moneys derived from any and all other sources whatever. § 2. The term "employe" under this Act shall include only engi- neers, janitors and office employes in the employ of said board of educa- tion, 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 employe, 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 complying with the provisions of this Act, with the board of trustees hereinafter men- tioned, which said resignation shall operate and go into effect immedi- ately 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 provisions of any law relating to the retirement or pensioning of public 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 appointment, execute a bond to the city, with good and sufficient sureties, in which penal sum as the said board of trustees shall direct, which said bond shall be approved by the said board of trustees, and shall be conditioned for the faithful per- formance 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 treas- urer, 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 received thereon ; and all property which 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 imme- diately following the passage of this Act, arrange for the election 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 30, of the same year. Said board of trustees shall have power, and it shall be its duty, to administer said fund and to carry 103 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 serve 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 member- ship 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 adminis- tration 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. (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 securi- ties 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 provided. 104 (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 annui- tants receiving benefits therefrom, and such other records as in their judgment shall seem necessary, and shall make and publish annually a full and complete statement of their financial transactions. (12) Said board shall hear and determine all applications for bene- fits under this Act, and shall have power to suspend any annuity when- ever, 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 annuity 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 contribu- tions 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, pursuant to the provisions of an Act entitled "An Act to provide for the forma- tion 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, and has contributed to the fund created 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 provi- sions 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 105 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 employe of said board of educa- tion for a period of twenty years or more, and is a contributor to said fund, may retire from the service of said board of education upon sixty days' notice, to be given to said board of trustees (unless such notice is waived by said board of trustees) and become an annuitant 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 educa- tion on account of serious disability, rendering him -or her unable 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 trustees, 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 accordance with the provisions of this Act from the salaries paid by the board of education, which amounts, as well as all other sums contributed 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 annuities granted under the provisions of this Act shall be exempt from attachment and garnishment process, and no annuitant 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 efficiency and good behavior, and no employe 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 106 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. Approved May 15, 1903. FEES AND SALARIES. An Act concerning fees and salaries, and to classify the several counties of this State with reference thereto. § 27. County superintendents elected hereafter shall receive for their services in counties which, according to the census of 1900, contained a population not exceeding 12,000, $1,250 per annum; in counties which, according to the census of L900, contained a population of more than 12,000 and not exceeding 20,000, $1,500 per annum; in counties which, according to the census of L900, contained a population of more than 20,000 and not exceeding 28,000, $1,800 per annum; in counties which, according to the census of L900, contained a population of more than 28,000 and not exceeding 36,000, $2,000 per annum : in counties which, according to the census of L900, contained a population of more than 36,000 and not exceeding 50,000, $2,250 per annum; in counties which, according to the census of 1900, contained a population of more than 50,000 and not exceeding 75,000, $2,500 per annum; in counties which, according to the census of 1900, contained a population of more than 75,000 and not exceeding 100,000, $2,750 per annum, and in counties which, according to the census of L900, contained a population of more than 100,000, $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 Prom the county treasury. The Auditor in making his warrant to any county for the amount due it from the State schoolfund, shall deduct from it the several amounts for which war- rants have been issued to the county superintendent of said county since the preceding apportionmenl of the State school fund. Approvki) June 12, 1909. HIGH SCHOOL DISTRICTS. A\ Act to authorize the orga/nizafion of high school districts. Section 1. Be it enacted by I In 1 People of the State of Illinois, represented in the General Assembly: That any school township that contains a school district having a population of 1,000 or more and 107 not exceeding 100,000 inhabitants, whether operating nnder the general school law or governed by virtue of a special Act, may be organized into a high school district by submitting the proposition to a vote of the people at a general or special election. § 2. Upon the receipt of a petition signed by fifty or more legal voters, the county superintendent of schools of the county in which the township or the greater part of the territory described in the peti- tion is situated, shall forthwith order an election to be held for the purpose of voting "for" or "against" the proposition to establish a township high school, by posting notices for at least ten days in ten of the most public places throughout the township or territory, whien notices may be substantially as follows : NOTICE OF ELECTION. Notice is hereby given that on the day of , 1 . . . , 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 the inhabitants of township (or territory) The polls will be opened at o'clock m., and closed at o'clock . . . .m. A B County Superintendent. In townships divided equally by county lines, the elections shall be in charge of the superintendent of schools of the CQunty in which the sixteenth section is situate. § 3. The elections required by this Act shall be conducted by the trustees of schools, boards of education or boards of directors, desig- nated by the county superintendent of schools, to whom all returns shall be made within five days. The ballots shall be in substantially the following form, to-wit : i For the establishment of a township high school Against the establishment of a township high school The voter shall make an X or cross-mark in the square following and opposite the proposition favored, and the ballot shall be so counted. § 4. If a majority of the votes cast shall be in favor of establishing a township high school, the county superintendent of schools shall forth- with order an election to be held within thirty days, for the purpose of selecting a township high school board of education, to consist of a president and six members, by posting notices for at least ten days in ten of the most public places throughout the .township or territory, which notices may be substantially as follows : 108 NOTICE OF ELECTION. Notice is hereby given that on , the day f , an election will be held at for the purpose of electing a township high school board of education, to con- sist of a president and six members. The polls will be opened at o'clock m., and closed at o'clock m. A B County Superintendent. Two of the members shall be elected for one year, two for two years, and two for three years, and each year thereafter two members shall be elected to serve for three years. The president shall be elected annually. All subsequent elections shall be held on the second Saturday of April, annually. 8 5. For the purpose of supporting a high school, the township or territory for the benefit of which a high school is established under the provisions of this Act, shall be regarded as a school district, and the board of education thereof shall, in all respects, have the powers and discharge the duties of boards of education elected under the general school law. § 6. The inhabitants of any contiguous and compact territory, whether in the same or different townships, upon a petition signed by at least fifty legal voters and an affirmative vote in such territory, may establish, in the manner provided by this Act, a township high school for the benefit of the inhabitants of the territory described in the petition. --,... , . , ^ ^ § 7. A school district or any part thereof, adjoining a high school district organized pursuant to this Act, may be annexed to such high school district and become a part thereof, by a concurrent resolution adopted by the boards in each district. Before the resolution shall take effect, however, the proposition shall be submitted, under the provisions of this Act, to a vote of the people of the territory desiring annexation, and a majority of the votes cast shall be required in order to adopt such resolution. Approved June 5, 1911. HUMANE INSTRUCTION. An Act to provide for moral and humane education in the public schools and to prohibit certain practices inimical thereto. 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 every teacher of a public school in this State to teach to all the pupils thereof honesty, kindness, justice and moral courage for the purpose of lessen- ing crime and raising the standard of good citizenship. § 2. In every public school within this State not less than one-half hour of each week, during the whole of each term of school, shall be devoted to teaching the pupils thereof kindness and justice to and 109 humane treatment and protection of birds and animals, and the impor- tant part they fulfill in the economy of nature. It shall be optional with each teacher whether it shall be a consecutive half-hour or a few minutes daily, or whether such teaching shall be through humane read- ing, daily incidents, stories, personal example or in connection with nature-story. § 3. No experiment upon any living creature for the purpose of demonstration in any study shall be made in any public school of this State. No animal provided by, nor killed in the presence of any pupil of a public school, shall be used for dissection in such school, and in no case shall dogs or cats be killed for such purposes. Dissection of dead animals, or any parts thereof, shall be confined to the class room and shall not be practiced in the presence of any pupil not engaged in the study to be illustrated thereby. § 4. The Superintendent of Public Instruction of this State and the committee in charge of preparing the program for each annual meeting of the Illinois State Teachers" Association shall include therein moral and humane education. The superintendent of schools of each county and of each city shall include once each year moral and humane, educa- tion in the program of the teachers' institute which is held under his or her supervision. § 5. The principal or teacher of each public school shall state briefly in each of his or her monthly reports whether the provisions of this Act have been complied with in the school under his or her control. No teacher who knowingly violates any provision of sections 1, 2 or 3 of this Act shall be entitled to receive more than 95 per cent of the public school moneys that would otherwise be due for services for the month in which such provision shall be violated. This Act shall apply to com- mon schools only and shall not be construed as requiring religious or sectarian teaching. Approved June 14, 1909. JUVENILE COURTS. An Act relating to children who are now or may hereafter become dependent, neglected or delinquent, to define these terms, and to pro- vide for the treatment, control, maintenance, adoption and guardian- ship of the person of such children. Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That all persons under the age of 21 years shall, for the purpose of this Act only, be considered wards of this State, and their persons shall be subject to the care, guardianship and control of the court as hereinafter provided. For the purpose of this Act, the words "dependent child" and "neg- lected child" shall mean any male child who, while under the age of 17 years, or any female child who, while under the age of 18 years, 110 for any reason, is destitute, homeless or abandoned, or dependent upon the public for support; or has not proper parental care or guardian- ship; or habitually begs or receives alms; or is found living in any house of ill-fame or with any vicious or disreputable person; or has a home which, by reason of neglect, cruelty or depravity on the part of its parents, guardian or any other person in whose care it may be, is an unfit place for such a child ; and any child who, while under the age of 10 years, is found begging, peddling or selling any articles or singing or playing any musical instrument for gain upon the street or giving any public entertainments or accompanies or is used in aid of any person so doing. The words "delinquent child" shall mean any male child who, while under the age of IT years, or any female child who, while under the age of 18 years, violates any law of this State; or is incorrigible, or knowingly associates with thieves, vicious or immoral persons; or without just cause and without the consent of its parents, guardian or custodian absents itself from its home or place of abode, or is growing up in idleness or crime; or knowingly frequents a house of ill-repute; or knowingly frequents any policy shop or place where any gaming device is operated ; or frequents any saloon or dram shop where intoxicating liquors are sold; or patronizes or visits any public pool room or bucket shop; or wanders about the streets in the night time without being on any lawful business or lawful occupation; or habitu- ally wanders about any railroad yards or tracks or jumps or attempts to jump on any moving train; or enters any car or engine without lawful authority; or uses vile, obscene, vulgar, profane or indecent lan- guage in any public place or about any school house; or is guilty of indecent or lascivious conduct; any child committing any of these acts herein mentioned shall be deemed a delinquent child and shall be cared for as such in the manner hereinafter provided. A disposition of any child under this Act or any evidence given in such cause shall not, in any civil, criminal or other cause or proceeding whatever in any court, be lawful or proper evidence against such child for any purpose whatever, except in subsequent cases against the same child, under this Act. The word "child" or "children" may be held to mean one or more children, and the word parent or parents may be held to mean one or both parent-, when consistent with the intent of this Act. The word "association" shall include anv association, insti- tution or corporation which include in their purposes the care or dis- position of children coming within the meaning of this Act. (As amended by an Act approved June 4, 1907.) § 2. The circuit and county courts of the several counties in this State shall have original jurisdiction in all cases coming within the terms of this Act. In all trials under this Act any person interested therein may demand a jury of six. or the judge of his own motion may order a jury of the same number, to try the case. § 3. In counties having over 500,000 population the judges of the circuit court shall, at such times as they shall determine, designate one or more of their number whose duty it shall be to hear all cases coming Ill under this Act. A special court room, to be designated as the juvenile court room, shall be provided for the hearing of such cases, and the findings of the court shall be entered in a book or books to be kept for that purpose and known as the "Juvenile Eecord," and the court may, for convenience, be called the "Juvenile Court." § 4. Any reputable person, being a resident of the county, may tile with the clerk of the court having jurisdiction of the matter, a petition in writing, setting forth that a certain child, naming it, within his county, not now or hereafter an inmate of a State institution incorporated under the laws of this State, except as provided in section 12 and 18 hereof, is either dependent, neglected or delinquent as defined in section 1 hereof; and that it is for the interest of the child and this State that the child be taken from its parent, parents, custodian, or guardian and placed under the guardianship of some suitable person to be appointed by the court; and that the parent, parents, custodian or guardian of such child, are unfit or improper guardians, or are unable or unwilling to care for, protect, train, educate, control or discipline such child, or that the parent, parents, guardian or custodian consent that such child be taken from them. The petition shall also set forth, either the name, or that the name is unknown to petitioner (a) of the person having the custody of such child; and (b) of each of the parents or the surviving parents of a legitimate child or of the mother of an illegitimate child; or (c) if it allege that both such parents are or such mother is dead, then of the guardian, if any of such child; (d) if it allege that both such parents are or that such mother is dead and that no guardian of such child is known to petitioner, then, of a near relative, or that none such is known to petitioner. The petition shall also state the residences of such parties so far as the same are known to such petitioner. All persons as named in such petition shall be made defendants by name and shall be notified of such proceedings of summons if residents of this State in the same manner as is now or may hereafter be required in chancery proceedings by the laws of this State except only as herein otherwise provided. All persons if any who or whose names are stated in the petition to be unknown to petitioner, shall be deemed and taken as defendants by the name or designation of "all whom it may concern." The petition shall be verified by affidavit, which affidavit shall be sufficient upon infor- mation and belief. Process shall be issued against all persons made parties by the designation of "all whom it may concern," by such description, and notice given by publication as is required in this Act shall be sufficient to authorize the court to hear and determine the suit as though the parties had been sued by their proper names. (As amended by an Act approved June 4, 1907.) § 5. The summons shall require the person alleged to have the cus- tody of such child to appear with the child at that time and place stated in the summons; and shall also require all defendants to be and appear and answer the petition on the return day of the summons. The sum- mons shall be made returnable at any time within twenty days after the 112 date thereof and may be served by the sheriff, or by any duly appointed probation officer, even though such officer be the petitioner. The return of such summons with endorsement of service by the sheriff or by such probation officer in accordance herewith shall be sufficient proof thereof. Whenever it shall appear from the petition or from affidavit filed in the cause that any named defendant resides or has gone out of the State or on due inquiry can not be found, or is concealed within this State or that his place of residence is unknown so that process cannot be served upon him, or whenever any person is made defendant under the name or designation of "all whom it may concern" the clerk shall cause publication to be made once in some newspaper of general circu- lation published in his county, and if there be none published in his county, then in a newspaper published in the nearest place to his county in this State, which shall be substantially as follows : A, B, C, D, etc. (here giving the names of such named defendants, if any) and to "all whom it may concern" (if there be any defendant under such designation) Take notice that on the day of , A. D. 190. . ., a petition was filed by in the court of county to have a certain child, named , declared a (dependent or delinquent) and to take from you the custody and guardianship of said child (and if the petition prays for. the appointment of a guardian with power to consent to adoption, add and to give said child out for adoption). Now, unless you appear within twenty days after the date of this notice and show cause against such application, the petition shall be taken for confessed, and a decree entered. Dated (the date of publication). E F , Clerk. and he shall also, within ten days after the publication of such notice, send a copy thereof by mail, addressed to such defendants whose place of residence is stated in the petition and who shall not have been served with summons. Notice given by publication as is required by this Act shall be the only publication notice required either in the case of resi- dents, non-residents or otherwise. The certificate of the clerk that he has sent such notice in pursuance of this section shall be evidence thereof. Every defendant who shall be duly summoned shall be held to appear and answer either in writing or orally in open court on the return day of the summons or if such summons shall be served less than one day prior to the return day then on the following day. Every defendant who shall be notified by publication as herein provided shall be held to appear and answer cither in writing or orally in open court within twenty days after the date of the publication notice. The answer shall have no greater weight as evidence than the petition. In default of an answer at the time or times herein specified or at such further time as by order of court may be granted to a defendant, the petition may be taken as confessed. If a person having the custody or control of the child shall fail, with- out reasonable cause, to bring the child into court, he may be proceeded 113 against as in case of contempt of court. In case the summons shall be returned not served upon the person having the custody or control of such child, or such person fails to obey the same, and in any case when it shall be made to appear to the court by affidavit, which may be on information and belief that such summons will be ineffectual, to secure the presence of the child, a warrant may issue on the order of the court either against the parents, or either of them, or guardian, or the person having the custody or control of the child, or with whom the child may be or against the child itself to bring such person into court. On default of the custodian of the child or ■ on his appearance or answer, or on the appearance in person of the child in court with or without the summons or other process and on the answer, default or appearance or written consent to the proceedings of the other defendants thereto or as soon thereafter as may be, the court shall proceed to hear evidence. The court may, in any case when the child is not represented by any person, appoint some suitable person to act on behalf of the child. At any time after the filing of the petition, and pending the final disposition of the case, the court may continue the hearing from time to time and may allow such child to remain in the possession of its custodian, or in its own home subject to the friendly visitation of a probation officer or it may order such child to be placed in the custody of a probation officer of the court, or of any other suitable person appointed by the court, or to be kept in some suitable place provided by the city or county authorities. (As amended by an Act approved June 4, 1907.) § 6. The court shall have authority to appoint or designate one or more discreet persons of good character to serve as probation officers during the pleasure of the court; said probation officers to receive no compensation from the public treasury. In case a probation officer shall be appointed by any court, it shall be the duty of the clerk of the court, if practicable, to notify the said probation officer in advance when any child is to be brought before the court; it shall be the duty of the said probation officer to make such investigation as may be required by the court; to be present in court in order to represent the interests of the child when the case is heard; to furnish to the court such information and assistance as the judge may require; and to take such charge of any child before and after trial as may be directed by the court : Pro- vided, however, that in counties having over five hundred thousand population, the judges of the circuit court, by rule to be entered of record, shall determine a number of probation officers, including one head probation officer, to be employed during each year, who shall be paid a suitable compensation for their services. The head probation officer shall have charge and control of all other probation officers, subject to the direction of the court. The judges of said court shall notify the president of the board of county commissioners or supervisors of said county, as the case may be, of the number of said probation officers so determined, who are to be paid as herein provided; and said probation officers, including the head probation officer, as aforesaid, shall be appointed in the same manner and under the same rules and regulations —8 S L- 114 as other officers or employes in the said county under the board of commissioners or supervisors of the county, as the case may be, and shall be paid a suitable compensation by the county for their services, the amount thereof to be determined by such board of commissioners or supervisors, as the case may be: Provided, further, that in counties having a population of less than five hundred thousand (500,000), the county judge of any such county shall have the authority to designate some suitable person to act as probation officer, during the pleasure of the court; and such probation officer shall be paid a suitable compensa- tion for his services, such compensation to be fixed by the board of county commissioners, or board of supervisors of such county, as the case may be, such compensation to be paid out of the county treasury by such county, monthly, upon certification by the county judge of such county. Such board of county commissioners or board of supervisors of any such counties may, if they deem it necessary or advisable, upon recommenda- tion of the county judge, provide for the employment of additional probation officers, and shall have like authority to fix their compensation; and if such additional probation officers are authorized, as aforesaid, the same shall be appointed by the county judge of such county, and be paid out of the county treasury, monthly, upon proper certification of such county judge. Such probation officers shall have the same powers and perform the same duties as other probation officers under the provisions of this Act. Nothing herein contained, however, shall be held to limit or abridge the power of the judge or judges so designated under section 3 of this Act to hear cases coming under this Act, to appoint persons or probation officers whom said judge or judges may see fit, and who shall serve without pay'for such services as probation officers. (As amended by an Act approved April L9, 1907.) § 7. If the court shall find any male chjld under the age of 17 years or any female child under the age of 18 years to be dependent or neglected within the meaning of this Act, the court may allow such child to remain at it.- own home subject to the friendly visitation of a probation officer. And if the parent, parents, guardian or custodian consent thereto, or if the court shall further find that the parent, par- ents, guardian or custodian of such child are unfit or improper guardians or are unable or unwilling to care for, protect, train, educate or discipline such child and that it is lor the interest of such child and of the People of this State and that such child he taken from the custody of its par- ents, custodian or guardian, the court may make an order appointing as guardian of the person of such child, some reputable citizen of good moral character and order such guardian to place such child in some suitable family home or other suitable place, which such guardian may provide for such child, or the court may enter an order committing such child to some suitable State institution organized for the care of depend- ent or neglected children, or to some training school or industrial school or to some association embracing in its objects the purpose of caring for or obtaining homes for neglected or dependent children, which asso- ciation shall have been accredited as hereinafter provided. If the parent or parents of such dependent or neglected child are poor and unable to 115 properly care for the said child, but are otherwise proper guardians and it is for the welfare of such child to remain at home, the court may enter an order finding such facts and fixing the amount of money neces- sary to enable the parent or parents to properly care for such child, and thereupon it shall be the duty of the county board, through its county agent or otherwise, to pay to such parent or parents or to such other person for them as the court may direct at such times as said order may designate the amount so specified for the care of such dependent or neg- lected child until the further order of the court. (As amended by an Act approved June 5, 1911.) § 8. In every case where such child is committed to an institution or association, the court shall appoint the president, secretary or super- intendent of such institution or association, guardian over the person of such child, and shall order such guardian to place such child in such institution or with such association, whereof he is such officer and to hold such child, care for, train and educate it subject to the rules and laws that may be in force from time to time governing such institution or association. (As amended by an Act approved June 4, 1907.) § 9. If the court shall find any male child under the age of 17 years or any female child under the age of 18 years to be delinquent within the meaning of this Act, the court may allow such child to remain at its own home subject to the friendly visitation of a proba- tion officer, such child to report to the probation officer as often as may be required, and if the parents, parent, guardian or custodian consent thereto, or if the court shall further find either that the parent, parents, guardian or custodian are unfit or improper guardians, or are unable or unwilling to care for, protect, train, educate or discipline such child and shall further find that if is for the interest of such child and of the People of this State that such child be taken from the custody of its parents, parent, custodian or guardian, the court may appoint some proper person or probation officer, guardian over the person of such child and permit it to remain at its home, or order such guardian to cause such child to be placed in a suitable family home, or cause it to be boarded out in some suitable family home, in case provision is made by voluntary contribution or otherwise for the payment of the board ; or the court may commit such child to some training school for boys if a male child or to an industrial school for girls if a female child, or to any institution incorporated under the laws of this State to care for delin- quent children, or to any institution chat has been or may be provided by the State, county, city, town or village suitable for the care of delinquent children, including St. Charles School for Boys and State Training School for Girls, or to some association that will receive it, embracing in its objects the care of neglected, dependent or delinquent children and which has been duly accredited as hereinafter provided. In every case where such child is committed to an institution or association, the court shall appoint 'the president, secretary or superintendent of such institution or association, guardian over the person of such child and 116 shall order such guardian to place such child in such institution or with such association, whereof he is such officer and to hold such child, care for, train and educate it subject to the rules and laws that may be in force, from time to time, governing such institution or association. § 9a. The court may, in its discretion, in any case of a delinquent child, permit such child to be proceeded against in accordance with the laws that may be in force in this State governing the commission of crimes or violations of city, village, or town ordinance. In such case the petition filed under this Act shall be dismissed. § 9b. The court may, when the health or condition of any child found to be dependent, neglected or delinquent requires it, order the guardian to cause such child to be placed in a public hospital or institu- tion for treatment or special care, or in a private hospital or institution which will receive it for like purposes, without charge to the public authorities. § 9c. Any child found to be dependent, neglected or delinquent as defined in this Act, and awarded by tin 1 court to ;i guardian, institution or association, shall be held by such guardian, institution or association, as the case may be, by virtue of the order entered of record in such case, ;iii(l the clerk of the court shall issue and cause to be delivered to such guardian, institution or association a certified copy of such order of the court, which certified copy of such order shall be proof of the authority of such guardian, institution or association in behalf of such child, and no other process need issue to warrant the keeping of such child. The guardianship under this Aci shall continue until the court shall by further order otherwise direct bul not after such child shall have reached the age of 21 years. Such child or any person interested in such child ni.iv, from time to time, upon a proper showing, apply to the court for the appointment of a new guardian or the restoration of such child to the custody of its parents or for the discharge of the guardian so appointed. § 9d. Whenever it shall appear to the court before or after the appointment of a guardian under this Act that the home of the child or of his parents, former guardian or custodian is a suitable place for such child and that such child could be permitted to remain or ordered to be returned to said home consistent with the public good and the good of such child, the court may enter an order to that effect returning such child to his home under probation, parole or otherwise; it being the intention of this Act that no child shall be taken away or kept out of his home or away from his parents and guardian any Longer than is reason- ably necessary to preserve the welfare of such child and the interest of this State: Provide!, however, that no such order shall be entered without first giving ten days' notice to the guardian, institution or association to whose care such child has been committed, unless such guardian, institution or association consents to such order. § 9e. The court may, from time to time, cite into court the guardian, institution or association to whose care any dependent, neglected or delinquent child has been awarded, and to require him or it to make a 117 full, true and perfect report as to his or its doings in behalf of such child; and it shall be the duty of such guardian, institution or associa- tion, within ten days after such citation, to make such report either in writing verified by affidavit, or verbally under oath in open court, or otherwise as the court shall direct ; and upon the hearing of such report, with or without further evidence, the court may, if it sees fit, remote such guardian and appoint another in his stead, or take such child away from such institution or association and place it in another, or restore such child to the custody of its parents or former guardian or custodian. § 10. When in any county where a court is held as provided in section 3 of this Act, a male child under the age of 17 years or a female child under the age of 18 years is arrested with or without warrant such child may, instead of being taken before a justice of the peace or police magistrate, be taken directly before such court; or if the child is taken before a justice of the peace or police magistrate, it shall be the duty of such justice of the peace or police magistrate to transfer the case to such court, and the officer having the child in charge to take the child before such court, and, in any case, the court may pro- ceed to hear and dispose of the case in the same manner as if the child had been brought before the court upon petition as herein pro- vided. In any case, the court shall require notice to be given and investigation to be made as in other cases under this Act, and may adjourn the hearing from time to time for that purpose. (As amended by an Act approved May 16, 1905.) § 11. No court or magistrate shall commit a child under 12 years of age to a jail or police station, but if such child is unable to give bail it may be committed to the care of the sheriff, police officer or probation officer, who shall keep such child in some suitable place provided by the city or county outside of the inclosure of any jail or police station. When any child shall be sentenced to confinement in any institution to which adult convicts are sentenced it shall be unlawful to confine such child in the same building with such adult convicts, or to confine such child in the same yard or inclosure with such adult convicts, or to bring such child into any yard or building in which such adult convicts may be present, § 12. It shall be the duty of the superintendent of the State Keforma- tory at Pontiac and the board of managers of the State Home for Juvenile Female Offenders at Geneva, and the board of managers of any other institution to which juvenile delinquents may be committed by the courts, to maintain an agent of such institution, whose duty it shall be to examine the homes of children paroled from such institution for the purpose of ascertaining and reporting to said court whether they are suitable homes ; to assist children paroled or discharged from such institution in finding suitable employment, and to maintain a friendly supervision over paroled inmates during the continuance of their parole; such agents shall hold office subject to the pleasure of the board making the appointment, and shall receive such compensation as such board may determine out of any funds appropriated for such institution applicable thereto. 118 § 13. All associations receiving children under this Act shall be subject to the same visitation, inspection and supervision by the Board of State Commissioners of Public Charities as are the public charitable institutions of this State, and it shall be the duty of the said board of commissioners to pass annually upon the fitness of every such association as may receive, or desire to receive, children under the supervision of this Act, and every such association shall annually, at such time as said board shall direct, make report thereto, showing its condition, man- agement and competency to adequately care for such children as are, or may be, committed to it, and such other facts as said board may require, and upon said board being satisfied that such association is competent and has adequate facilities to care for such children, it shall issue to the same a certificate to that effect, which certificate shall continue in force for one year, unless sooner revoked by said board, and no child shall be committed to any such association which shall not have received such a certificate within fifteen months next preceding the commitment. The court may, at any time, require from any association receiving, or desiring to receive, children under the provisions of this Act, such reports, information and statements as the judge shall deem proper or necessary for .his action, and the court shall in no case be required to commit a child to any association whose standing, conduct or care of children, or ability to care for the same, is not satisfactory to the court. (As amended by an Act approved May 11, 1901.) § 14. No association whose objects may embrace the caring for dependent, neglected or delinquent children -hall hereafter be incorpo- rated unless the proposed articles of incorporation shall first have been submitted to the examination of the Board of State Commissioners )f Public Charities, and the Secretary of State shall not issue a certificate of incorporation unless there shall first be filed in his office the certificate of said Board of State Commissioners of Public Charities that said board has examined the said articles of incorporation and that, in its judgment, the incorporators are reputable and responsible persons, the proposed work is needed, and the incorporation of such association is desirable and for the public good; amendments proposed to the articles of incorporation or association having as an object the care and disposal of dependent, neglected or delinquent children shall be submitted in like manner to the Board of State Commissioners of Public Charities, and the Secretary of State shall not record such amendment or issue his certificate therefor unless there shall first be filed in his office the certificate of said Board of State Commissioners of Public Charities that they have examined the said amendment, that the association in question is, in their judgment, performing in good faith the work undertaken by it, and that the said amendment is, in their judgment, a proper one and for the public good. § 15. Whenever the petition filed, as is provided in section 3 hereof, or a supplemental petition filed at any time after the appointment of the guardian shall pray that the guardian to be appointed shall be author- ized to consent to the legal adoption of the child, and the court upon the 119 hearing shall find that it is to the best interest of such child that the guardian be given such authority, the court may, in its order appointing such guardian, empower him to appear in court where any proceedings for the adoption of such child may be pending, and to consent to such adoption; and such consent shall be sufficient to authorize the court where the adoption proceedings are pending to enter a proper order or decree of adoption without further notice to, or consent by the parents or relatives of such child : Provided, however, that before entering such order the court shall find from the evidence that the parents or surviving parent of a legitimate child or the mother of an illegitimate child, or if the child has no parents living the guardian of the child, if any, or if there is no parent living and the child has no guardian or the guardian is not known to petitioner, then a near relative of the child, if any there be, consents to such order; or that one parent consents and the other is unfit for any of the reasons hereinafter specified to have the child or that both parents are or that the surviving parent or the mother of an illegitimate child is so unfit for any of such reasons — the grounds of unfitness being (a) depravity, (b) open and notorious adultery or fornication, (c) habitual drunkenness for the space of one year prior to the filing of the petition, (d) extreme and repeated cruelty to the child, (e) abandonment of the child, or (f) desertion of the child for more than six months next preceding the filing of the petition. (As amended by an Act approved June 4, 1907.) § 16. No association which is incorporated under the laws of any other state than the State of Illinois shall place any child in any family home within the boundaries of the State of Illinois, either with or without indenture, or for adoption, unless the said association shall have furnished the Board of State Commissioners of Public Charities with such guarantee as they may require that no child shall be brought into the State of Illinois by such society or its agents having any con- tagious or incurable disease, or having any deformity, or being of feeble mind, or of vicious character, and that said association will promptly receive and remove from the State any child brought into the State of Illinois by its agent which shall become a public charge within the period of five years after being brought into this State. Any person who shall receive, to be placed in a home, or shall place in a home, any child in behalf of any association incorporated in any other state than the State of Illinois which shall not have complied with the requirements of this Act, shall be imprisoned in the county jail not more than thirty days, or fined not less than $5.00 or more than $100.00, or both, in the discretion of the court. § 17. The court in committing children shall place them as far as practicable in the care and custody of some individual holding the same religious belief as the parents of said child, or with some association which is controlled by persons of like religious faith of the parents of the said child. § 18. The county judge of each county may appoint a board of six reputable inhabitants, who will serve without compensation, to constitute a board of visitation, whose duty it shall be to visit as often as once a 120 year all institutions, societies and associations receiving children under this Act. Said visits shall be made by not less than two of the members of the board, who shall go together or make a joint report; the said board of visitors shall report to the court from time to time the condition of children received by or in the charge of such associations and institu- tions, and shall make an annual report to the Board of State Commis- sioners of Public Charities in such form as the board may prescribe. The county board may, at their discretion, make appropriations for the payment of the actual and necessary expenses incurred by the visitors in the discharge of their official duties. § 19. The powers and duties herein provided to be exercised by the county court or the judges thereof may, in counties having over 500,000 population, be exercised by the circuit courts and their judges as herein- before provided for. § 20. Nothing in this Act shall be construed to repeal any portion of the Act to aid industrial schools for girls, the Act to provide for and aid training schools for boys, the Act to establish the Illinois State Eeformatory or the Act to provide for a State Home for Juvenile Female Offenders. And in all commitments to said institutions the Acts in reference to said institutions shall govern the same. § 21. This Act shall be liberally construed, to the end that its pur- pose may be carried out, to-wit : That the care, custody and discipline of a child shall approximate as nearly as may be that which should be given by its parents, and in all cases where it can properly be done the child be placed in an improved family home and become a member of the family by legal adoption or otherwise. § 22. If it shall appear, upon the hearing of the cause that the parent, parents, or any person or persons named in such petition who are in law liable for the support of such child, are able to contribute to the support of such child, the court shall enter an order requiring such parent, parents or other persons to pay to the guardian so appointed or to the institution to which such child may bo committed, a reasonable sum from time to time for the support, maintenance or education of such child and the court may order such parent, parents or other per- sons to give reasonable security for the payment of such sum or sums, and upon failure to pa}', the court may enforce obedience to such order by a proceeding as for contempt of court. The court may, on applica- tion and on such notice as the court may direct from time to time, make such alterations in the allowance as shall appear reasonable and proper. § 23. If the person so ordered to pay for the support, maintenance or education of a dependent, neglected or delinquent child shall be employed for wages, salary or commission, the court may also order that the sum to be paid by him shall he paid to the guardian or institution out of his wages, salary or commission and that he shall execute an assign- ment thereof pro tanto. The court may also order the parent or the person so ordered to pay the sum of money for the support, main- 121 tenance or education of a child, from time to time make discovery to the court as to his place of employment and amount earned by him. Upon his failure to obey the orders of court he may be punished as for contempt of court. § 24. Nothing in this Act shall be construed to give the guardian appointed under this Act the guardianship of the estate of the child or to change the age of minority for any other purpose except the custody of the child. Approved April 21, 1899. PENSION FUND. An Act to provide for the contribution from public moneys to the public school teachers' pension and retirement fund in cities having a popu- lation exceeding 100,000 inhabitants. Section 1. Be it enacted by the People of the State of Illinois, repre- sented in the General Assembly: That the board of education of any city having a population exceeding 100,000 inhabitants shall annually set aside and contribute to the public school teachers' pension and retire- ment fund in such city now created or existing, or such as may be here- after created, pursuant to any law, in addition to any other moneys now provided by law to be set aside and contributed in whole or in part to such pension fund, all moneys retained or deducted from the salary or compensation of any teacher in the employ of such board of education, as a forfeiture or otherwise, on account of absence from duty of such teacher less whatever may have been paid for substitute service on account of such absence; and also a further sufficient sum of public money so that the same when taken together with the moneys added to such pension fund for that year from interest on school funds raised by taxa- tion shall equal in amount the aggregate of the sums set apart for that year and contributed to such pension fund from the salaries of the teachers in the employ of such board of education; and also such other and further moneys derived from miscellaneous sources as such board of education shall determine. Approved June 6, 1911. PUBLIC DRINKING CUP. An Act to prohibit the use of a common drinking cup, glass or other utensil used for public drinking purposes in public and private schools, State educational institutions, halls used for public meetings or enter- tainments, hotels, lodging houses, theatres, factories or public or municipal buildings, on railroad trains and stations and in other public places in the State of Illinois. Section 1. Be it enacted by the People of the State of Illinois, repre- sented in the General Assembly: That it shall be unlawful for any 122 person, firm or corporation, directly or indirectly, connected in any public or private school or in any State institution, halls used for public meetings or entertainments, hotels, lodging houses, theatres, factories or public or municipal buildings in the State of Illinois to use or permit for use a common drinking cup, glass or other utensil used for public drinking purposes. § 2. It shall be unlawful for any person or corporation in charge of or in control of any railroad trains or any station to permit the use of a common drinking cup, glass or other utensil used for public drink- ing purposes in or about any trains operated by it or in any building or premises used by it whatever. § 3. No person, firm or corporation in charge of or in control of any railroad train or railroad station, or any public or private school, or any State educational institution, or of any hall used for public meetings or entertainments, or hotel, lodging house, theatre, or factory, or of any public or municipal- building in the State of Illinois shall furnish any drinking cup, glass. or other utensil used for public drinking purposes for public use, nor shall such person or corporation or institu- tion use or have for use in or upon its premises any such common drinking cup. § 4. Any person, firm or corporation who shall violate any of the provisions of this Act shall, upon conviction, be fined for each offense the sum of not less than five dollars nor more than fifty dollars. Approved June 5, 1911. REVENUE. An Act concerning the levy and extension of taxes. Section 1. Be it enacted by the People of the State of Illinois, repre- sented in the General Assembly: That in determining the amount of the maximum tax authorized to be levied by any statute of this State the assessed valuation of the current year of the property in each taxing district, as equalized by the State Board of Equalization, shall be used. And if the amount of any tax certified to the county clerk for extension shall exceed the maximum allowed by law. determined as above provided, such excess shall be disregarded, and the residue only treated as the amount certified for extension. § 2. The county clerk in each county shall ascertain the rates per cent required to be extended upon the assessed valuation of the taxable property in the respective towns, townships, districts, incorporated cities and villages in his county, as equalized by the State Board of Equaliza- tion for the current year, to produce the several amounts certified for extension by the taxing authorities in said county (as the same shall have been reduced as hereinbefore provided in all cases where the orig- inal amounts exceed the amount authorized by law) : Provided, how- ever, that if the aggregate of all the taxes (exclusive of State taxes, 123 village taxes, levee taxes, school building taxes, high school taxes, road, and bridge taxes, and also bonded indebtedness taxes in cities whose bonded indebtedness exceeds 6 per cent of the assessed valuation of the property therein upon which under existing laws, taxes are required to be extended, and taxes levied pursuant to the mandate or judgment of any court of record on any bonded indebtedness), certified to be extended against any property in any part of any taxing district or municipality, shall exceed 3 per cent of the assessed valuation thereof upon which the taxes are required to be extended, the rate per cent of the tax levy of such taxing district or municipality shall be reduced as follows: The county clerk shall reduce the rate per cent of the tax levy of such taxing district or municipality in the same proportion in which it would be necessary to reduce the highest aggregate per cent if all the tax levies (exclusive of State taxes, village taxes, levee taxes, school building taxes, high school taxes, road and bridge taxes, and also bonded indebtedness taxes in cities whose bonded indebtedness exceeds 6 per cent of the assessed valuation of the property therein upon which, under existing laws, taxes are required to be extended, and taxes levied pursuant to the mandate or judgment of any court of record on any bonded indebtedness), certified for extension upon any of the taxable property in said taxing district or municipality, to bring the same down to 3 per cent of the assessed value of said taxable property upon which said taxes are required by law to be extended : Provided, further, that in reducing tax levies hereunder the rate per cent of the tax levy for county purposes in counties having a population of over 300,000 shall not be reduced below a rate of forty cents on each one hundred dollars assessed value, and in counties having a population of less than 300,000 the rate of the tax levy for -county purposes shall not be reduced below a rate of forty-five cents on each one hundred dollars assessed value, and the rate per cent of the tax levy for city or village purposes (exclusive of library, school and park purposes) in cities and villages having a population of over 150,000 shall not be reduced below a rate of one dollar and ten cents on each one hundred dollars assessed value, and the rate per cent of the school tax for educational purposes shall not be reduced below a rate of one dollar and five cents on each one hundred dollars assessed value, and in cities and villages having a population of less than 150,000 shall not be reduced below a rate of one dollar and twenty cents, exclusive of the taxes levied in such cities or villages having a population of less than 150,000 for the payment of the principal of and the interest on bonded indebtedness, on each one hun- dred dollars assessed value, and the rate per cent of the school tax levy for educational purposes shall not be reduced below a rate of one dollar and fifty cents on each one hundred dollars assessed value, but the other taxes which are subject to reduction under this section shall be subject only to such reduction, respectively, as would be made therein under this section if this proviso were not inserted herein: And, provided, further, in reducing tax levies hereunder all school taxes levied in cities exceeding 150,000 inhabitants, with the exception of the levy for school building purposes, shall be included in the taxes to be reduced. 124 The rate per cent of the tax levy of every county, city, village, town, township, school district, park district, sanitary district, road district, and other public authorities (except the State), shall be ascertained and determined (and reduced, when necessary, as above provided) in the manner hereinbefore specified, and shall then, commencing with the year 1909 be extended by the county clerk upon the assessed value of the property subject thereto (being one-third of the full value thereof) as equalized according to law. In reducing the rate per cent of any tax levy, as hereinbefore provided, the rates per cent of all tax levies certi- fied to the county clerk for extension as originally ascertained and determined under section 1 of this Act shall be used in ascertaining the aggregate of all taxes certified to be extended, without regard to any reductions made therein under this section: Provided, that no reduc- tion of any tax levy made hereunder shall diminish any amount appro- priated by corporate or taxing authorities for the payment of the prin- cipal or interest on bonded debt, or levied pursuant to the mandate or judgment of any court of record. And to that end every such taxing body shall certify to the county clerk with its tax levy, the amount thereof required for any such purposes. In case of a reduction hereunder any taxing body whose levy is affected thereby and whose appropriations are required by law to be itemized, may, after the same have been ascertained, distribute the amount of such reduction among the item? of its appropriations, with the excep- tions aforesaid, as it may elect. If no such election be made within three months after the extension of such tax. all such items, except as above specified, shall be deemed to be reduced pro rata. (As amended by an Act approved June 11. 1909.) Approved May 9, 1901. 125 INDEX. ACCOUNTS— Of county superintendents Of township treasurers Examined by county superintendents Statement of Subject to inspection With school districts ACTIONS, CIVIL— Against collectors of taxes County board Purchaser of school lands Township treasurer Township trustees To recover interest ACTIONS, CRIMINAL— Against school officers ADVERTISEMENTS— Sale of school houses Lands Sites AGE— Compulsory school Kindergarten school School ANNEXATION OF TERRITORY— In certain cases APPARATUS— May be purchased, when APPEALS— From county superintendent From trustees of schools APPORTIONMENT— By auditor By county superintendent By trustees of schools APPRAISERS— Appointed, when ARBOR AND BIRD DAY— Designated, how re. Sec. 8 10 23 70 10 15 27 82 23 70 26 79 60 194 63 207 68 231 73 250 8 12 25 74 74 257 15 40 68 229 15 40 77 274 36 115 35 114 36 115 12 17 19 55 64 211 9 14 14 35 22 65 76 271 126 ASSESSOR— Page. Sec. To designate number of districts 60 192 ASSISTANT— Appointment of 11 16 Compensation of 63 207 ASSOCIATION, STATE TEACHERS— Proceedings of 76 272 AUDITOR OF PUBLIC ACCOUNTS— To apportion funds 64 211 To issue patent 69 235 To issue warrants 64 212 To withhold funds, when 7 4 BOARD OF EDUCATION— Conveyances made on written request 40 127 Duties of 39 127 Election of 38 123 How conducted 38 126 When held 33 106 Notice of election 33 107 Failure to give 33 107 Powers of 39 127 When exercised : 34 111 Yeas and nays, when necessary 34 112 BOARD OF EDUCATION, CHICAGO— Appointment of 43 128 Duties of 44 134 Eligibility 43 129 Powers of 44 133 Powers of, the council concurring 43 132 President of, appointed 43 130 Secretary of, appointed 43 130 BOARD OF EDUCATION. SPECIAL— Appointment of 80 1 In certain cases 84 1 In certain districts 85 1 BOARD OF EDUCATION, TOWNSHIP— Election of 28 86 Organization of 28 86 Powers of 29 91 Vacancy in 28 86 BONDS, DISTRICT— In certain districts 83 1 Indebtedness, existing 82 1 BONDS, OFFICIAL— Superintendent's, county 7 6 Approval of 7 6 Custodian of 8 6 Form of 7 6 Superintendent's, State , 5 2 Approval of 5 2 Custodian of 5 2 Treasurer's, township 22 68 Approval of 22 68 Custodian of 22 68 Form of 23 68 127 BONDS, SCHOOL— Page. Sec. Election for . . . . # 61 198 How conducted •• . 61 199 Notice of election 61 198 Form of 61 198 Poll-book 61 200 Return of 61 200 Refunding 61 201 Registration 60 196 BOUNDARIES, DISTRICT— How changed ■ 17 46 In certain districts 17 48 BRANCHES OF STUDY— Prescribed by directors 35 114 Required by statute ■ 55 179 CENSUS, SCHOOL— By directors 15 36 By county superintendent 8 12 By trustees of schools 15 36 CERTIFICATES, COUNTY— Age of applicant 54 176 Essential, when 54 176 Examination for, when held ' 55 180 Fee for examination 55 180 Transmitted to county treasurer 56 182 Form of 55 178 Record of 11 15 Renewal of 55 178 Revocation of 55 178 CERTIFICATE, STATE— Examination for 54 177 Registration fee 54 177 Suspension of 6 3 Valid when and where 54 177 CERTIFICATE OF LEVY— Form of 59 190 Return of 59 190 CHARTER DISTRICTS, SPECIAL— Annual reports of - 78 276 Boundaries changed, how 17 48 Discontinued, how 18 51 Elections in, when held 38 126 Funds of, how invested. 24 72 Referred to 33 103 Referred to 38 124 Reports of 78 276 Revenues of 78 276 CHILD LABOR— Age 90 1 Children— Crippled, classes for 36 115 Deaf, classes for 36 115 128 CLERK, DISTRICT— Page. Sec. Appointed 34 110 Compensation 35 115 Duties 34 112 Report of 34 113 COLLECTOR, COUNTY— Duty to notify directors 65 214 To pay Auditor's order 64 211 COLLECTOR. TOWN— Duty to pay taxes, when 60 193 Liability 60 194 COLLEGES— Duty to make report 7 4 COLORED CHILDREN— Exclusion of, penalty for .75 261 Intimidation of, penalty for : 75 262 COMPENSATION— Assistant superintendent 63 207 County superintendent 106 27 District clerk 35 115 Other officers 76 266 Township treasurer 23 69 COMPULSORY ATTENDANCE LAW— Age of child subject to 77 Exemptions 77 Truant officer appointed 77 Duties of 77 Penalty for violation of 77 CONDEMNATION— Lands for sites 37 By board of directors 37 By board of education 39 CONTRACTS— Penalty for interest in 74 COSTS— Generally 76 COUNTY BOARD— Duties of 63 Liability of 63 Powers of 63 Vacancy filled by 64 COUNTY CLERK— Duties of 62 First election of trustees, notice of 13 COUNTY FUND— Final distribution of 65 COUNTY SUPERINTENDENT— Appeals from decisions of trustees 19 Apportionment of funds 9 Approval of treasurer's bond 9 Bond of 7 Compensation of 106 129 COUNTY SUPERINTENDENT— Concluded. Page. Sec. Correction in defects in boundaries by 11 16 Duties of 9 15 Election of 7 5 Liability of 74 257 Opinions in controversies 12 17 Powers of 11 16 Removal of 64 208 Report, annual 8 7 "Vacancy in office of 64 209 CRIPPLED CHILDREN— Classes for 36 115 DEAF CHILDREN— Classes for 36 115 DEBT, BONDED— Apportioned, how 20 59 DIRECTORS, SCHOOL— A body corporate 33 104 • Annual report 34 113 Apparatus, may purchase, when 36 115 Donations for sectarian purposes 75 263 Duties of 34 114 Election of 33 106 Eligibility 33 105 Meetings, regular and special 34 m Liability of 74 255 Official business transacted, when 34 m Orders 36 116 For wages of teacher 37 ng Not paid for want of funds 26 81 Organization of 34 no Powers of 35 115 Quorum of 34 m Rules and regulations of 35 114 Vacancy 33 106 Teas and nays necessary, when 34 112 DISTRICT, SCHOOL— Boundaries, how changed 17 46 Corrected, by county superintendent 11 16 In certain cases 17 43 Dissolved, how and when 17 49 Funds of 16 41 List of taxpayers of 20 58 Map of 20 58 Numbered by county superintendent 11 15 By county clerk 62 205 DISTRICTS, SPECIAL CHARTER— Annual reports of 78 276 Boundaries changed, bow 17 4s Discontinued, how 18 51 Elections in, when held 38 126 Funds of, how invested 24 72 Referred to 33 103 Referred to 38 124 Reports of 78 276 Revenue of 78 276 — 9 S L 130 DONATIONS— For school purposes For sectarian purposes ELECTION COMMISSION— In certain districts 99 Judges and clerks . .• 100 EMINENT DOMAIN— By school directors 37 By board of education 39 In certain cases ' 101 EXCESS CHARGES— For deaf and dumb and blind children 96 For delinquent children 98 EXECUTIONS— Generally 73 EXPULSION OF PUPILS— By board of directors 36 FINES AND FORFEITURES— Collection of 70 Distributed annually 9 Paid to county superintendent 70 Penalty for failure to pay ' 71 Report of 70 Penalty for failure to report 71 FLAGS, UNITED STATES— Furnished by school directors 36 FORMS— Of bond of county superintendent 7 Of bond of township treasurer 23 Of mortgage 24 Of register '. 57 Of schedule 57 Of school orders 37 Of tax levy certificate 59 Of teacher's certificate 55 FUNDS, SCHOOL— Apportionment of by Auditor 64 By county superintendent 9 By trustees of schools 14 Common, consists of what 64 District, custodian of 24 Permanent, consists of what 65 FURNITURE— May purchase 39 Revenue for 59 GRADUATES— Of county normal schools 54 Of the eighth grade 52 HIGH SCHOOL DISTRICTS— Established, how 106 131 HIGH SCHOOL, TOWNSHIP- Page. Sec. Board of education of 2S 86 Discontinued, how 29 92 Established, how • . . . 28 86 Petition for 27 85 HOLIDAYS, SCHOOL— Legal school 58 188 Special, may be granted 36 115 HUMANE INSTRUCTION— In public schools 108 1 INSTITUTE— Annual 56 181 Free, to whom 56 181 Funds transmitted to county treasurer 56 is2 Registration fee 56 181 Teachers entitled to attend 56 183 INSURANCE— In making loans 24 72 INTEREST— Order draws, when 26 81 Rate of loans 24 72 JUDGES OF ELECTION— Of school directors 33 ios Of trustees of schools 13 27 JUDC J.ENTS— Against school officers 73 251 JUVENILE: COURTS— For defective children 109 1 KINDERGARTENS— Established, how 36 115 LANDS, SCHOOL— Common, what are 65 217 Leased, how 66 219 Sale of 66 224 Sale of other lands 16 44 LIABILITY OF SCHOOL OFFICERS— For conversion of funds 74 257 For interest in contracts 74 255 For interest in sales 75 26O For loss of funds 75 264 LIBRARIES— May be purchased, when 36 115 LOANS— Of township fund 24 72 MANUAL TRAINING— May be established 31 97 MEETINGS— In school houses og j^g Regular and special 34 m Semi-annual 14 34 138 MONTH, SCHOOL— Page. Sec. Same as calendar 58 188 MORTGAGE— . Form of 24 73 NORMAL SCHOOLS, COUNTY— Established, how 32 OS Graduate of 54 176 NOTICE OF ELECTION— In districts 33 107 In townships 13 23 ORDERS, SCHOOL— Draw interest, when 26 81 Form of 37 116 Teachers' 37 118 ORGANIZATION— Of high school board of education 2S 86 Of school directors 34 110 Of trustees of schools 14 33 PARENTAL SCHOOLS— In certain cities 46 140 PENSION FUND— Employes 101 1 Teachers 40 127a Teachers in certain districts 48 152 Additions to 121 1 PETITION— For change of boundaries 17 46 For dissolution of district 17 49 For organization under general law 18 51 For sale of school house 15 40 For sale of school lands 66 224 For township high school 27 85 PHYSIOLOGY AND HYGIENE— Instruction in 76 273 PUBLIC DRINKING CUP— In public . schools 1:1 1 PUPILS— Age of 35 114 Expulsion of 36 115 Suspension of 36 115 Transfer permit 38 121 QUALIFICATION S— Of assistant superintendent 11 16 Of school director 33 105 Of teachers 54 176 Of township treasurer 22 67 Of trustee of schools 12 21 Of voters 76 268 QUORUM— Of school directors 34 111 Of trustees of schools 14 34 133 REGISTER— Page. Sec. Form of 56 185 Return of 56 185 REMOVAL FROM OFFICE— Of county superintendent 64 208 Of president of board of trustees 14 33 Of school director 11 16 Of teacher 35 115 By board of education 39 127 Of township treasurer 22 67 REPORT— Of county superintendent, annual 8 7 Of directors to treasurer 34 113 Of fines and forfeitures 70 241 Of institutions of learning 7 4 Of Superintendent of Public Instruction 6 3 Of township treasurer 15 36 REVENUE— Assessment not vitiated, when 59 190 Certificate of levy : 59 190 Form of : 59 190 Return of 59 190 Collector of 60 193 Penalty for refusal to pay over 60 194 Computation of 62 205 Juul law 122 1 Rates . 59 189 SCHOLARSHIPS— Normal school 52 166 University 53 170 SECTARIAN PURPOSE^ Appropriations for, prohibited 75 263 SITE, SCHOOL HOUSE— School directors may select, when •. 37 119 Sold, when 15 40 Unsuitable, when 36 115 Vote of people necessary to select 37 119 When selected by board of education 39 127 SPECIAL ACTS— Abrogated, how 18 51 Referred to 33 103 Referred to 38 123 Referred to 76 269 Repeals of 78 276 SPECIAL CHARTER DISTRICTS— Annual reports of 78 276 Boundaries changed, how 17 48 Discontinued, how 18 51 Elections in, when held 38 126 Funds of, how invested 24 72 Revenues of 78 276 SPECIAL CHARTERS— Abrogated, how 81 1 SUFFRAGE, EQUAL— Qualifications for 76 270 134 SUPERINTENDENT OF PUBLIC INSTRUCTION— Page. Sec. Advice of 10 15 19 17 Appeal to *-* y l Certificates issued by ° 4 177 Concurrence of 56 1S1 Duties of . Election of Reference to Reference to Elections in Fractional 5 5 1 Funds withheld by 7 4 Information required by 8 7 Liability of ^ 26 _° May require report 7S 276 Powers of 6 11 16 15 36 Reference to 15 37 Reference to 23 70 Reference to ° 4 17 ° Reference to 76 272 Report of 6 4 TEACHERS— Age of 54 176 Certificate, when necessary 54 176 Employment of 54 * ' 6 Examinations 55 1S0 Institutes 56 18 J Attendance at 5G 183 Orders, draw interest, when 26 81 Responsible for property 56 184 Register, duty to keep 56 185 Schedules, duty to make 57 186 "Wages, when due and payable 37 US TEXT-BOOKS, SCHOOL— For children of indigent parents 35 114 Prescribed by school director 35 114 Uniformity of TOWNSHIP, SCHOOL— Congressional * !5 114 19 12 22 • 12 19 Referred to 67 225 TRANSFER, PERMIT OF— For pupils 38 121 Tuition on account of 38 121 TREASURER, TOWNSHIP— Accounts of 23 70 Bond of 22 68 Clerk of board of trustees 22 67 Compensation 23 G9 Custodian of funds Duties of Election of 22 Eligibility of 22 Liable in Civil Action— For failure to perform duties 72 248 For failure to perform duties 72 249 For failure to perform duties 73 250 - 26 8: 22 6< G7 135 TREASURER, TOWNSHIP— Concluded. Page. Sec. Liable in Criminal Action — For conversion of funds 74 257 For failure to report statistics 72 248 For interest in sales 75 260 For perversion of funds 75 263 Map, made and filed by 20 5S Removal of 22 67 Resignation of : 27 84 Statement of, annual 27 82 Term of office 22 67 TRUANT OFFICER— Appointed, when 77 275 Duties of 77 275 TUITION— For non-resident pupils 35 115 For pupils transferred 38 121 Paid to township treasurer 35 115 TRUSTEES OF SCHOOLS— A body politic 12 20 Accounts of treasurer examined by 15 38 Adjournment of 19 53 Appeal from 19 55 Apportionment of funds 14 35 Appraisers appointed by ." 22 65 Clerk appointed by 22 67 Election of 12 22 Eligibility 12 21 Judges of election 13 27 Liability of 71 244 Meetings, concurrent . . . '. 17 47 Semi-annual 14 34 Special 14 34 Organization of ; 14 33 Quorum 14 34 UNION DISTRICTS— Dissolved, how 17 49 Funds of 35 114 Funds of 27 83 VACANCIES IN OFFICE— Of county superintendent g4 209 Of school director 33 Of township treasurer 2° 106 67 Of trustee of schools 13 24 WAGES, TEACHERS— Payable monthly 37 n% WARRANTS— Against and in anticipation of taxes 37 117 WOMEN— Eligible to school offices 75 269 YEAR, SCHOOL 6 3 ^