SCHOOL-LAWS OF ILLINOIS; 
 
 INCLUDING THE 
 
 LATEST AMENDMENTS. 
 
 1869. 
 
SCHOOL LAWS OF ILLINOIS— 1870. 
 
 V 
 
 
 A.N A.GT 
 
 TO ESTABLISH AND MAINTAIN A SYSTEM OF 
 
 APPEOVED FEBRUARY 16, 1865, 
 
 TOGETHER WITH THE 
 
 AMENDATORY ACTS OF 1867 AND 18( 
 
 V 
 
 
 SPRINGFIELD: 
 
 ILLINOIS JOUKNAL PRINTING OFFICE, 
 1869. 
 
■I 4 
 
A2ST ACT 
 
 TO ESTABLISH AND MAINTAIN A SYSTEM OF 
 
 FREE SCHOOLS. 
 
 STATE SUPERINTENDENT OF PUBLIC INSTRUCTION — HIS ELEC- 
 TION AND DtJTIES. 
 
 Section 1. Be it enacted by the People of the State of 
 Illinois, represented in the General Assembly, That at the 
 election to be held on Tuesday after the first Monday of Eiectionof sa- 
 November, a. d. 1866, and quadrennially thereafter, there P erintendent - 
 shall be elected, by the legal voters of this state, a state 
 superintendent of public instruction, who shall hold his 
 office for four years, and uutil his successor is duly elected 
 and qualified. 
 
 § 2. Before entering upon his duties he shall take and to give bond, 
 subscribe the usual oath of office, and shall also execute a 
 bond, in the penalty of twenty-five thousand dollars, pay- 
 able to the state of Illinois, with sureties to be approved by 
 the governor, conditioned for the prompt discharge of his 
 duties as superintendent of public instruction, and for the 
 faithful application and disposition, according to law, of all 
 echool moneys that may come into his hands by virtue of 
 his office ; said bond and oaths shall be deposited with the 
 secretary of state, and an action may be maintained there- 
 on by the state, at any time, for a breach of the conditions 
 thereof. 
 
 § 3. It shall be his duty to keep an office at the seat of Keep office at 
 
 CO 6 S63.L OI 2TOV* 
 
 government of the state, and to file all papers, reports and eminent, 
 public documents transmitted to him by the school officers 
 of the several counties, each year separately, and to keep 
 and preserve all other public documents, books and papers 
 relative to schools, coming into his hands as state superin- 
 tendent, and to hold the same in readiness to be exhibited 
 to the governor, or to any committee of either house of the 
 
general assembly ; and shall keep a fair record of all mat- 
 ters pertaining to the business of his office. 
 Pay overmen- g ^ jj_ e ghall, without delay, pay over all sums of 
 money which may come into his hands by virtue of his of- 
 fice, to the officer or person entitled to receive the same, in 
 such manner as may be prescribed by law. 
 
 withteacherT 6 § 5. He shall counsel and advise, in such manner as he 
 may deem most advisable, with experienced and practical 
 school teachers, as to the best manner of conducting com- 
 mon schools. 
 
 commo^schoois § ®' ^ a *^ superintendent shall have the supervision of 
 all the common and public schools in the state, and shall be 
 the general adviser and assistant of county superintendents 
 Address chcu- f schools in the state ; he shall, from time to time, as he 
 shall deem for the interest of schools, address circular let- 
 ters to said superintendents, giving advice as to the best 
 manner of conducting schools, constructing school houses, 
 furnishing the same, and procuring competent teachers. 
 
 ^ Report togov? g 7. Said state superintendent shall, before the fifteenth 
 day of December of every year preceding that in which 
 shall be holden a regular session of the general assembly, 
 report to the governor the condition of the schools in the 
 several counties of the state, the whole number of schools 
 which have been taught in each county in each of the pre- 
 ceding years, commencing on the first Monday of October ; 
 what part of said number have been taught by males ex- 
 clusively; what part by females exclusively; what part of 
 said whole number have been taught by males and females 
 at the same time ; and what part by males and females at 
 different periods ; the number of scholars in attendance at 
 said schools ; the number of white persons in each county 
 under twenty-one years of age ; the amount of township 
 and county fund ; the amount of the interest of the state 
 or common school fund, and of the interest of the township 
 and of the county fund annually paid out; the amount 
 raised by an ad valorem tax ; the whole amount annually 
 expended for schools ; the number of school houses, their 
 kind and condition ; the number of townships and parts of 
 townships in each county ; the number and description of 
 books and apparatus purchased for the use of schools and 
 school libraries under the provisions of this act, the prices 
 paid for the same, and total amount purchased, and what 
 quantity and how distributed; and the number and condi- 
 tion of the libraries, together with such other information 
 and suggestions as he may deem important in relation to 
 the school laws, schools, and the means of promoting edu- 
 cation throughout the state ; which report shall be laid be- 
 fore the general assembly at each regular session. 
 
 anovulations? § 8. The said state superintendent of public instruc- 
 tion shall make such rules and regulations as he may think 
 necessary and expedient to carry into full effect the provi- 
 
sions of this act, and of. all the laws which now are or may 
 hereafter be in force for establishing and maintaining schools 
 in this state ; and the said superintendent shall have power, to interpret 
 and it shall be his duty, to explain and interpret and de- thfsact™ 11 ^ ° f 
 termine to all. county superintendents, directors, township 
 and other school officers, the true intent and meaning 
 of this act, and their several duties enjoined thereby, and 
 his decision shall be final, unless otherwise directed by 
 the legislature, or reversed by a court of competent juris- 
 diction. 
 
 § 9. The said state superintendent shall have power to To cause conn- 
 direct and cause the county superintendent of any county, dents^o^th- 
 directors or board of trustees or township treasurer of any told funds, 
 township or other school officer, to withhold from any offi- 
 cer, or township, or teacher, any part of the common school, 
 or township, or other school fund, until such officer, town- 
 ship, or teacher shall have complied with all the provisions 
 of this act relating to his, her or their duties, and such rules 
 and regulations as the state superintendent may prescribe, 
 not inconsistent with this act ; and the state superintendent 
 may forbid the payment of any part of the common school, 
 township, county or other school fund, to any district 
 in which the school or schools have not been kept ac- 
 cording to law, or in which no school has been kept for 
 six months during the year next preceding the demand for 
 payment. 
 
 § 10 And the said state superintendent shall receive an- Sa i ary of eu „ 
 nually the sum of twenty-live hundred dollars, to be paid per-ntendent. 
 quarterly, as a salary for the services required under the 
 provisions of this act, or any other law that may be passed, 
 and also for all necessary contingent expenses, for books, 
 postage and stationery pertaining to his office, to be audited 
 and paid by the state, as the salaries and contingent expen- 
 ses of other officers are paid. 
 
 COUNTY SUPERINTENDENTS — THEIE ELECTION AND DUTIES. 
 
 § 11. On the Tuesday next after the first Monday in JSTo- Election of 
 
 «/ «/ county suD' 3 riii- 
 
 vember next, and on the Tuesday next after the first Hon- tendents. 
 day in November, every four (-i) years thereafter, there sjhall 
 be elected by the qualified voters of every county in this 
 state, a county superintendent of schools, who shall perform 
 the duties required by law. He shall, before entering upon To give bond, 
 his duties, take an oath for the faithful discharge of the 
 same, and execute a bond, payable to the state of Illinois, 
 with two or more responsible freeholders as security, to be 
 approved by the county court or board of supervisors, in 
 penalty of not less than twelve thousand dollars, to be in- 
 creased at the discretion of said court or board of supervi- 
 sors, conditioned that he will faithfully perform all the 
 duties of his office, according to the laws which are or may 
 
be in force ; by which bond the obligors shall be bound 
 jointly and severally, and upon which an action or actions 
 may be maintained by the board of trustees of the proper 
 township, for the benefit of any township or fund injured 
 by any breach thereof; and joint action may be had for 
 successors to two or more funds. The said county superintendents of 
 
 school commis- . -, i -,, , ,, , J . - 
 
 eioners. schools snail be successors to the school commissioners, as 
 
 heretofore known and designated in the act to which this 
 act is amendatory, and all other acts where the term "school 
 commissioners" is used ; and all rights of property, and 
 rights and causes of action, existing or vested in school 
 commissioners, for the use of the inhabitants of the county, 
 or any township thereof, or any part of them, shall vest 
 in the county superintendents of schools, as successors, in 
 as full and complete a manner as was vested in the school 
 commissioners. 
 
 Form of bond. § 12. The bond required in the foregoing section shall 
 be in the following form, viz : 
 
 STATE OF ILLINOIS, \ 
 
 County. f S8 " 
 
 Know all men by these presents, that we, A. B., C. D. and E. F. are held 
 and firmly bound, jointly and severally, unto the people of the state of 
 
 Illinois, iu the penal sum of — dollars, to the payment of which we 
 
 bind ourselves, our heirs, executois and administrators, firmly by these 
 presents. 
 
 In witness whereof, we have hereunto set our hands and seals, this 
 
 day of , A. D. 18 — . 
 
 The condition of the above obligation is such, that if the above bounden 
 A. B., county superintendent of the county aforesaid, shall faithfully dis- 
 charge all the duties of said office according to the laws which now are, or 
 may hereafter be in force, and shall deliver over to his successor in office 
 all moneys, books, papers and property in his hands as such county superin- 
 tendent, then this obligation to be void ; otherwise to remain in full force 
 and virtue. 
 
 A B , [seal " 
 
 C D , [seal.' 
 
 E F , [seal." 
 
 And which bond shall be filed in the office of the county- 
 court. 
 Liable to re- § 13. The said superintendent shall be liable to removal 
 
 movai. by the county court, (or in counties adopting township or- 
 
 ganization, by the board of supervisors,) for any palpable 
 violation of law or omission of duty ; and if a majority of 
 said court or board of supervisors shall at any time be sat- 
 isfied that his bond is insufficient, it shall be his duty, on 
 Execute a new notice, to execute a new bond, to be payable, conditioned 
 
 bond - and approved as the first bond, the execution of which shall 
 
 not affect the old bond, or the liability of the security 
 
 vacancy to be thereof; and when the office of county superintendent 
 
 pofntment ap " 8na ^ become vacant by death, resignation or otherwise, 
 the county court, or board of supervisors, shall fill the same 
 by appointment for the unexpired term, and the person so 
 appointed shall hold his office until his successor shall be 
 qualified. 
 
§ 14. The said superintendent shall provide three well b0 ^g s t g r0 |^fp 
 bound books, to be known and designated by the letters A, an account of 
 B, C, for the following purposes : In book A he shall record lnd S moneys an re- 
 at length all petitions presented to him for the sale of com- ceived - 
 raon school lands, and the plats and certificates of valuation 
 made by or under the direction of the trustees of schools, 
 and the affidavits in relation to the same. In book B he 
 shall keep an account of all sales of common school lands ; 
 which account shall contain the date of sale, name of pur- 
 chaser, description of land sold, and the sum sold for. In 
 book C he shall keep a regular account of all moneys 
 received for lands sold, or otherwise, and loaned or paid 
 out ; the person of whom received, and on what account, 
 and showing whether it is principal or interest ; the person 
 to whom loaned, the time for which the loan was made, the 
 rate of interest ; the names of the securities when personal 
 security is taken, or if real estate is taken as security, a 
 description of said real estate, and if paid out, to whom, 
 when, and on what account, and the amount paid out ; the 
 list of sales, and the accounts of each township fund to be 
 kept separate. Said book shall be paid for out of the county 
 treasury of the counties in which they are used. 
 
 § 15. Whenever the bond of the township treasurer, gn^e^^* 
 approved by the board of trustees of schools, as required 
 by law, shall be delivered to the county superintendent, he 
 shall carefully examine the same, and if the instrument is 
 found to be in all respects according to law, and the securi- 
 ties good and sufficient, he shall endorse his approval 
 thereon, and file the same with the papers of his office ; 
 but if said bond is in any respect defective, he shall return 
 it for correction. , When the bond shall have been duly 
 received and filed, the superintendent shall, on demand, 
 deliver to said township treasurer, all moneys, bonds, mort- 
 gages, notes and securities, and all papers of every descrip- 
 tion, belonging to said township; and the said township 
 treasurer shall receipt for the same, which receipt shall be 
 carefully filed and preserved by the county superintendent, 
 and shall be evidence of the fact therein stated. 
 
 § 16. Upon the receipt of the amount due upon the County super- 
 auditor's warrant, the county superintendent shall appor- Lotion 1 " ^tafe 
 tion one-third of said amount to the several townships and ram- 
 parts of townships in his county, in proportion to the num- 
 ber of acres therein, and the remaining two-thirds to the 
 several townships and fractional townships in his county, 
 according to the number of white children, under twenty- 
 one years of age, returned to him, in which townships or 
 parts of townships schools have been kept in accordance 
 with the provisions of the act, and with the instructions of 
 the state and county superintendents, and shall pay over 
 the distributive share belonging to each township and frac- 
 tional township, to the respective township treasurers, <?r 
 
8 
 
 other authorized persons, annually ; and when there is a 
 county fund in the hands of any county superintendent, he 
 shall loan the same at any rate of interest not less than six 
 per cent., nor more than ten per cent., said rate to be fixed 
 by the county court or board of supervisors, and apportion 
 the interest as provided in this section : Provided, that no 
 part of the state, county or other school fund shall be paid 
 to any township treasurer or other person, authorized by 
 said treasurer, unless said township treasurer has filed his 
 bond as required by the fifty-fifth section of the act, nor in 
 case said treasurer is re-appointed by the trustees, unless he 
 shall have renewed his bond and filed the same as afore- 
 said. 
 to report to § 17- *Qn or before the second Monday of November 
 
 st ndent superin ~ before eacn regular session of the general assembly, or 
 annually, if so required by the state superintendent, the 
 county superintendent shall communicate to said state su- 
 perintendent all such information and statistics upon the 
 subject of schools in his county as the said state superin- 
 tendent is bound to embody in his report to the governor, 
 and such other information as the state superintendent shall 
 require : and no county from which such report is not re- 
 ceived in the manner and within the time required by law, 
 shall be entitled to any part of the state school fund for the 
 year next succeeding that in which no report was made ; 
 and the county superintendent so failing or refusing to 
 Liable to re- report, shall be liable to removal by ,the county court or 
 
 movai. board of supervisors, for such neglect of duty : Provided, 
 
 that the state superintendent may remit the forfeiture of 
 funds prescribed in this section, for satisfactory cause. 
 To deliver § 18- The county superintendent,- upon his removal or 
 
 over money and resignation, or at the expiration of his term of service, (or 
 
 cessors. 7 ° suc "in case of his death, his representatives,) shall deliver over 
 to his successor in office, on demand, all moneys, books, 
 papers and personal property belonging to the office, or 
 subject to the control or disposition of the county superin- 
 tendent. 
 
 To make loans. § ^' ^ ne coun ty superintendent may loan any money, 
 not interest, belonging to the county fund, before the same 
 is called for according to law by the township treasurer, 
 at the same rate of interest, upon the same security and for 
 the same length of time as is provided by th/s act in rela- 
 tion to the township treasurers ; and notes and mortgages 
 taken in the name of the "county superintendent" of the 
 proper county, shall be, and all loans heretofore made in 
 the name of the " school commissioners," are hereby de- 
 clared to be as valid as if taken in the name of " trus- 
 tees of schools" of the proper township, and suits may be 
 brought in the name of " county superintendents" on 
 
 *See see. 1, act concerning reports Cp. 45). 
 
all notes and mortgages heretofore or hereafter made paya- 
 ble to county superintendents. 
 
 § 20. It shall be the duty of the county superintendent To visit schools 
 to visit every school in his county at least once each year, lB 
 and oftener if practicable, and to note the methods of in- 
 struction, the branches taught, the text-books used, and the 
 discipline, government and general condition of the schools, 
 He shall give such directions in the science, art and meth- 
 ods of teaching as he may deem expedient and necessary, 
 and shall be the official advisor and constant assistant of/ 
 the school officers and teachers of his county, and shall faith- 
 fully carry out the advice and instructions of the state su- 
 perintendent. He shall encourage the formation and assist 
 in the management of county teachers' institutes, and labor 
 in every practicable way to elevate the standard of teach- 
 ing and improve the condition of the common schools of 
 his county. In all controversies arising under the school controversies— 
 law, the opinion and advice of the county superintendent j^tm ent° 
 shall first be sought, whence appeal may be taken to the 
 state superintendent, upon a written statement of facts, cer- ^ 
 titled by the county superintendent. 
 
 § 21. In all cases where the township board of trustees Duty in case 
 of any township shall fail to prepare and forward, or cause mak/returns™ 
 to be prepared and forwarded, to the county superintendent, 
 the information and statistics required of them in this act, 
 it shall be the duty of said county superintendent to employ 
 a competent person to take the enumeration and furnish said 
 statistical statement as far as practicable, to the superin- 
 tendent : and said person so employed shall have free access 
 to the books and papers of said township, to enable him to 
 make such statement ; and the township treasurer, or other 
 officer or person in whose custody such books and papers 
 may be, shall permit said person to examine such books 
 and papers, at 6uch times and places as such person may 
 desire for the purposes aforesaid ; and the said county su- 
 perintendent shall allow, and pay, to the person so employed compensation, 
 by him, for the services, such amount as he may judge rea- 
 sonable, out of any money which is or may come into said 
 superintendent's hands, apportioned as the share of, or 
 belonging to such township; and the said county superin- county super- 
 tendent shall proceed to recover and collect the amount so JSltSute suft! a11 
 allowed or paid for such services, in a civil action before 
 any justice of the peace in the county, or before any court 
 having jurisdiction, in the name of the people of the state 
 of Illinois, of and against the trustees of schools of said 
 township, in their individual capacity ; and in such suit or 
 suits the said county superintendent and township treasurer 
 shall be competent witnesses ; and the money so recovered, 
 when collected, shall be paid over to the county superin- 
 tendent for the benefit of said township, to replace the 
 money taken as aforesaid, 
 —2 
 
10 
 
 May re-seii § 22. When any real estate shall have been taken for 
 real estate. debts due to any school fund, the title to which real estate 
 has become vested in any county superintendent, or trustees 
 of schools, for the use of the inhabitants of two or more 
 townships, the county superintendent may re-sell such real 
 estate for the benefit of said townships, under the < provi- 
 sions of this act regulating the sale of the common school 
 lands ; and the said superintendent is hereby authorized to 
 execute conveyances to purchasers ; and said superintend- 
 ent shall be entitled to retain the same percentage on the 
 amount of such sale, out of the assets thereof, as he is en- 
 titled to for selling the common school lands. 
 
 TOWNSHIPS — TRUSTEES OF SCHOOLS. 
 
 Trustees made § 23. Each congressional township is hereby established 
 o y po i ie. a .j- own ship for school purposes. The business of the town- 
 ship shall be done by three trustees, to be elected by the 
 legal voters of the township, who, upon their election, as 
 ( hereinafter provided, shall be a body politic and corporate, 
 by the name and style of "trustees of schools of township 
 
 , range ," according to the number. The said 
 
 corporation shall have perpetual existence, shall have power 
 to sue and be sued, to plead and be impleaded, in all courts 
 and places where judicial proceedings are had. Said trus- 
 tees shall continue in office three (3) years, and until others 
 are elected and enter upon the duties of their office. At 
 the first regular election of trustees, after the passage of 
 this act, three trustees shall be elected, who shall, at their 
 first meeting, which shall be within ten days after said elec- 
 
 'To draw lots tion, draw lots for their respective terms of office, for one, 
 
 for term of office i w0 and three years, and thereafter one trustee shall be 
 elected annually. If but two of the' trustees elect shall be 
 present at the first meeting as aforesaid, they shall draw 
 lots as aforesaid, and the lot not drawn shall determine and 
 fix the term of office of the remaining trustee. 
 Eligibility to § 24:. No person shall be eligible to the office of trustee 
 
 office of trustees f g^ools, unless he shall be twenty-one years of age, and 
 a resident of the township. 
 Election of § 25. The election of trustees of schools shall be on the 
 
 trustees. second Monday in October, annually ;* but in townships 
 
 where such election has not been heretofore had, or where 
 there are no trustees of schools, the election of trustees of 
 schools may be holden on any Monday ; notice being given 
 as hereinafter in this section required. The first election 
 shall be ordered, if in townships already incorporated, by 
 the trustees of schools of the township, the township treas- 
 urer giving notice of the time and place by posting up no- 
 tices of the same at least ten days previous to the day of 
 election, at or in the school house, or in the most public place- 
 in every school district in the township. If there are no trus- 
 
 *See sec. 1, amendment, p. 44. 
 
11 
 
 tees of schools in a township, the clerk of the county court 
 shall cause the notice to be given as aforesaid. For all 
 subsequent elections, the like notices shall be given by the 
 trustees of schools, through the township treasurer : Pro- Proviso. 
 vided, that, if upon any day appointed as aforesaid, for 
 election aforesaid, the said trustees of schools, or judges, 
 shall be of opinion that, on account of the small attendance 
 of voters, the public good requires it, or if the voters pre- 
 sent, or a majority of them, shall desire it, they shall post- 
 pone said election until the next Monday, and at the same 
 place and hour ; at which meeting the voters shall proceed 
 as if it were not a postponed or adjourned meeting : And, Further proviso 
 provided, also, that if notice shall not have been given as 
 above required, then, and in that case, said election may be 
 ordered as aforesaid, and holden on the first Monday in No- 
 vember, or any-other Monday; notice thereof being given 
 as aforesaid : And, provided, also, that if the township^trea- Further proviso 
 surer shall fail or refuse to give notice of the regular election 
 of trustees, as aforesaid, and if, in case of a vacancy, the 
 remaining trustee or trustees shall fail or refuse to order 
 an election to fill such vacancy, as required in section twen- 
 ty-nine of the act, then, and in each case, it shall be the 
 duty of the county superintendent to order an election of 
 trustees, or to fill vacancies, as aforesaid, and all elections 
 so ordered and held shall be valid to all intents and pur- 
 poses whatever. 
 
 § 26, Two of the trustees of schools of incorporated Judges and 
 townships, if present, shall act as judges, and one as clerk Hon. ° elec " 
 of said election. If said trustees shall fail to attend, or re- 
 fuse to act when present, and in townships unincorporated, 
 the qualified voters present shall choose from amongst 
 themselves, three judges and a clerk to open and conduct 
 said election. 
 
 § 27. The time and manner of opening, conducting and Time, etc., of 
 closing said election, and the several liabilities appertaining electlons - 
 to the judges and clerks, and to the voters separately and , 
 collectively, and the manner of contesting said elections, 
 shall be the same as prescribed by the general election laws 
 of this state, defining the manner of electing magistrates 
 and constables, so far as applicable, subject to the provisions 
 of this act: Provided, the judges may close said election at 
 four o'clock p. m. 
 
 § 25. !No person shall vote at said election unless he voters, tie. 
 possesses the qualification of a voter at a general election. 
 In case of a tie at such election, it shall be determined by 
 lot, on the day of election, by the judges thereof. 
 
 § 29. When a vacancy or vacancies shall occur in the vacancy, 
 board of trustees of schoob, the remaining trustee or trustees 
 shall order an election to fill such vacancy, upon any Mon- 
 day ; notice to be given, as required in section twenty-five 
 hereof. 
 
12 
 
 ii^r U d? °l er" § ^- Upon the election of trustees of schools, the judges 
 
 3ntendent SIlpeT ~ of the election shall cause the poll book of said election to 
 be delivered to the county superintendent of the county, 
 with a certificate thereon, showing the election of said trus- 
 tees and names of the persons elected ; which poll book, 
 with the certificate, shall be filed by said superintendent, 
 and shall be evidence of such election. 
 powers of § 31. The said trustees of schools, elected as aforesaid, 
 
 successors. a ' shall be successors to the trustees of school lands appointed 
 by the county commissioners' court, and of trustees of 
 schools elected in townships, under the provisions of "An 
 act making provisions for organizing and maintaining com- 
 mon schools," approved February 26, 1811, and of "An act 
 to establish and maintain common schools," approved March 
 1, 1847. All rights of property, and rights and causes of 
 action, existing or vested in the trustees of school lands, or 
 trustees of schools appointed or elected as aforesaid, for the 
 use of the inhabitants of the township, or any part of them, 
 shall vest in the trustees of schools as successors, in as full 
 and complete a manner as was vested in the school commis- 
 sioner, (the trustees of school lands,) or the trustees of schools ' 
 appointed and elected as aforesaid. 
 Meeting of § 32. It shall be the duty of the board of trustees to 
 
 trustees. hold regular semi-annual meetings on the first Mondays of 
 
 April and October, and special meetings may be held at such 
 other times as they may think proper. Special meetings 
 of the board may be called by the president, or any two 
 members thereof, and at all meetings two members of the 
 board shall be a quorum for business. The board shall 
 organize by appointing one of their number president, and 
 some person, who shall not be a director or trustee, trea- 
 cierb of board, surer, who shall be, eos officio, clerk of the board. The pre- 
 sident shall hold his office for one year, and the treasurer 
 for two years, and until their successors are appointed ; but 
 either of said officers may be removed by the board for good 
 cause. It shall be the duty of the president to preside at 
 the meetings of the board ; and it shall be the duty of the 
 clerk to be present at all meetings of the board, and to re- 
 cord, in a book to be provided for the purpose, all their offi- 
 cial proceedings, which shall be a public record, open to the 
 inspection of any person interested therein ; and all of said 
 proceedings, when recorded, shall be signed by the presi- 
 dent and clerk. If the president or clerk shall be absent, 
 or refuse to perform any of the duties of his office, at any 
 meeting of the board, a president or clerk, pro tempore, may 
 be appointed. 
 Todivideinto § 33. Trustees of schools shall lay off the township in- 
 prepivt 3 maS to one or mor e districts, to suit the wishes and convenience 
 of a majority of the inhabitants of their township, and shall 
 prepare, or cause to be prepared, a map of their township, 
 as often as may be necessary, on which map shall be desig- 
 
 etc. 
 
13 
 
 riated district or districts, to be styled, "district No. , 
 
 in township No. ," which districts they may alter or 
 
 change at any regular session; which map shall be certified 
 by the president and clerk of the board, and filed with and 
 recorded by the county clerk, in a book to be kept for that 
 purpose, to be paid for out of the county treasury : Provi- school districts 
 ded, that school districts may be formed out of parts of two ^^ "^o^or 
 or more townships, or fractional townships, in which case m ° rs townships 
 the trustees of schools of the townships interested shall 
 concur in the formation of such districts. When a new Funds to be 
 district is formed from one or more districts, the trustees p «ion to^taxes 
 of the township or townships concerned shall make divis- collected. 
 ion of any tax funds, or other funds which are or may be 
 in the hands of the township treasurer or treasurers, in 
 proportion to the amount of taxes collected from the prop- 
 erty remaining in each district; and all school property be- 
 longing to the district or districts out of which the new dis- 
 trict is formed shall be appraised in a just and equitable 
 manner, and the estimated value shall be distributed by the 
 trustees among the districts concerned, in proportion to the 
 amount of taxable property remaining in each, and the 
 town treasurer or treasurers shall forthwith place the sums 
 so distributed to the credit of the respective districts, sub- 
 ject to the order of the directors thereof ; Provided, that Funds, when 
 the funds on hand shall be divided at the time such new dmded - 
 district is formed, and that all funds payable, but not yet 
 received by the treasurer or treasurers, shall be divided as 
 soon as received, and that the school property shall be ap- 
 praised and apportioned as aforesaid within three months 
 from the formation of such new district. And when any 
 two or more districts shall be consolidated into one, the 
 new district shall own all the corporate property and funds 
 of the several districts. 
 
 § 34. At the regular semi-annual meetings on the first Trustess to 
 Mondays of April and October, the trustees shall ascertain fapporUo11 tods 
 the amount of state, county and township funds on hand 
 and subject to distribution, and shall apportion the same as 
 follows : First, two per cent, to the township treasurer. 
 Second, whatever may be due for the books of the treas- 
 urer, and such sum as may be deemed reasonable for divi- 
 ding school lands, making plats, etc. Third, of the remain- 
 der, one-half shall be divided among the districts in pro- 
 portion to the number of children under twenty-one years 
 of age in each, and the other half in proportion to the at- 
 tendance certified in the schedules. The funds thus appor- 
 tioned shall be placed on the books of the treasurer to the 
 credit of the respective districts, and the same shall be paid 
 out by the treasurer on the legal orders of the directors of 
 the proper districts. 
 
 § 35. Pupils shall not be transferred from one' district ptipiis, how 
 to another without the written consent of a majority of the transferred. 
 
14 
 
 Schedules, how 
 returned and 
 paid, to be ta- 
 kcsn as evidence 
 of credit. 
 
 Consolidation 
 of districts. 
 
 Trustees re- 
 port to countj 
 superhitenden t 
 
 No. of schools. 
 
 directors of both districts ; which written permits shall be 
 delivered to and filed by the proper township treasurer, and 
 shall be evidence of such consent. A separate schedule 
 shall be kept for each district, and in each schedule shall be 
 certified the proper amount due the teacher from that dis- 
 trict, computed upon the basis of the total number of days' 
 attendance of all the schedules. If the district from which 
 the pupils are transferred are in the same township as the 1 
 district in which the school is taught, the directors of said 
 district shall deliver the separate schedules to their town- 
 ship treasurer, who shall credit the district in which the 
 school was taught, and charge the other districts with the 
 respective amounts certified in separate schedules to be due. 
 If pupils are transferred from a district of another town- 
 ship, the schedule for that district shall be delivered -to the 
 directors thereof, who shall immediately draw an order on 
 their treasurer, in favor of the teacher, for the amount cer- 
 tified to be due in said separate schedules.* A majority of 
 the directors of each of two or more districts may consoli- 
 date said districts and appoint three directors for the union 
 district so formed, who shall be styled, "directors of union 
 
 district No. , township No. ," who shall have all 
 
 the powers conferred by law upon other school directors. 
 The proceedings of the act of consolidation shall be signed 
 by a majority of each of the concurring boards of directors, 
 and delivered to the trustees of the proper township, and 
 shall be evidence of such consolidation ; and upon receiving 
 a copy of said proceedings, it shall be the duty of the trus- 
 tees to change the map of the township in accordance there- 
 with, and file the same with thie clerk of the county court. 
 The separate boards of directors shall then be dissolved, and 
 the union directors shall draw lots for their respective terms 
 of -office and be thereafter elected as provided in the forty- 
 second section of the act. 
 
 § 36. The board of trustees of each township in this 
 state shall prepare, or cause to be prepared, by the town- 
 ship treasurer, the clerk of the board, or other person, and 
 forwarded to the county superintendents of the county in 
 which the township lies, on or before the second Monday of 
 October preceding each regular session of the general as- 
 sembly of this state, and at such other times as may be re- 
 quired by the county superintendent, or by the state su- 
 perintendent of public instruction, a statement exhibiting 
 the condition of schools in their respective townships for 
 the preceding biennial period, giving separately each year, 
 commencing on the first Mondays of October, and ending 
 on the last of September ; which statement shall be as fol- 
 lows : First, the whole number of schools which have been 
 taught in each year ; what part of said schools have been 
 taught by males exclusively ; what part have been taught 
 
 *See amendment, sec. 3, p. 43. 
 
15 
 
 l 
 
 by females exclusively ; what part of said whole number 
 have been taught by males and females at the same time, and 
 what part by males and females at different periods. Second, SC k I } m s, er of 
 the whole number of scholars in attendance at all the schools, 
 giving the number of males and females separately. Third, Number of 
 the number of male and female teachers, giving each sepa- 
 rately ; the highest, lowest, and average monthly compensa- 
 tion paid to male and female teachers, giving each item sepa- 
 rately. Fourth, the number of persons under twenty-one Number of 
 years of age. Fifth, the amount of the principal of the town- Amount of fund 
 ship fund ; the amount of the interest on the township fund 
 paid into the township treasury ; the amount of state or com- 
 mon school fund received by the township treasurer ; the 
 amount raised by ad valorem tax and the amount of such tax Amount of tax. 
 received into the township treasury, and the amount of all 
 other funds received into the township treasury. Sixth. e -|™ e ° uilt es> 
 amount paid for teachers' wages ; the amount paid for school 
 house lots ; the amount paid for building, repairing, pur- 
 chasing, renting and furnishing school houses ; the amount 
 paid for school apparatus, for books and other incidental ex- 
 penses for the use of school libraries ; the amount paid as 
 compensation to township officers and others. Seventh, the other mforma- 
 whole amount of the receipts and expenditures for school I0nasiequ 
 purposes, together with such other statistics and information 
 in regard to schools as the state superintendent or county 
 superintendent may require. And any township from which Forfeiture. 
 such report is not received in the manner and time required 
 by law, • shall forfeit its portion of the public funds for the 
 next ensuing year: Provided^ that upon the recommendation 
 of the county superintendent, or for good and sufficient rea- 
 sons, the state superintendent may remit such forfeiture. 
 
 § 37. In all cases where a township is or shall be divided separate enu- 
 
 ° * r i merauon to De 
 
 by a county line or lines, the board oi trustees of such town- made, 
 ship shall make or cause to be made separate enumerations 
 of male and female white persons of the ages as directed in 
 the foregoing section of this act, designating separately the 
 number residing in each of the counties in which such town- 
 ship may lie, and forward each respective number to the pro- \ 
 per county superintendent of each of said counties ; and in 
 like manner, as far as practicable, all other statistics and in- 
 formation enumerated aud required to be reported in the 
 aforesaid section, shall be separately reported to the several 
 county superintendents ; and all such parts of said statisti- 
 cal information as are not susceptible of division, and are 
 impracticable to be reported separately, shall be reported to 
 the county superintendent of the county in which the six- 
 teenth section of such township is situated. 
 
 § 38. A.t each semi-annual meeting, and at such other Books and 
 meetings as they may think proper, the said township board es§Ki|ed. t0 be 
 shall examine all books, notes, mortgages, securities, pa- 
 pers, moneys and effects of the corporation, and the ac- 
 
16 
 
 counts and vouchers of the township treasurer, or other 
 township school officer, and shall make such order thereon 
 for their security, preservation, collection, correction of er- 
 rors, if any, and for their proper management, as may seem 
 to said board necessary. 
 May receive § 39. The board of trustees of each township* in the 
 donations, etc. g {. ate ma y rece i ve any g^ grant, donation or demise made 
 
 for the use of any school or schools, or library, or other 
 The control of school purposes within their jurisdiction ; and they shall be 
 
 vested in^the an ^ are hereby invested, in their corporate capacity, with 
 
 board of direct- the title, care and custody of all school houses and school 
 house sites ; but the supervision and control of them is ex- 
 pressly vested in the directors of each district in which said 
 property is situated ; and when, in the opinion of the school 
 directors, the school house site has become unnecessary, or 
 unsuitable, or inconvenient for a school, said board shall 
 sell and convey the same in the name of the said board, 
 after giving at least twenty days' notice of such sale, by 
 posting up written or printed notices thereof, particularly 
 describing said property and terms of sale, and such con- 
 veyance shall be executed by the president and clerk of said 
 board, and the avails shall be paid over to the township 
 treasurer for the benefit of said district ; and all conveyances 
 of real estate which may be made to said board, shall be 
 made to said board in their corporate name, and to their 
 successors in office. 
 Money to be § ^0. The township board shall cause all moneys for the 
 
 p */ d , r t0 * t0 ™" use °f the townships to be paid over to the township treasurer. 
 They shall have power, also, to remove the township treas- 
 urer at any time, for any failure or refusal to execute or 
 comply with any order or requisition of said board, legally 
 made, or any other improper conduct in the discbarge of his 
 duty as treasurer, or at any time they may deem such 
 removal expedient. They shall also have power, for any 
 failure or refusal, as aforesaid, to sue him upon his bond. 
 Trustees to § 4:1. The township trustees are hereby vested with 
 
 estate? se real general power and authority to purchase real estate, if, in 
 their opinion, the interests of the township fund will bepro- 
 N moted thereby, in satisfaction of any judgment or decree 
 
 wherein the said board or county superintendent are plain- 
 tiffs or complainants ; and the title of such real estate so 
 purchased shall vest in said board, for the use of the inhabi- 
 tants of said township, for school purposes ; and all pur- 
 chases of land heretofore made by county superintendents, 
 or trustees of school lands, or trustees of schools, for the use 
 of any fund or township for the use of schools, are hereby 
 declared valid. The said board are hereby vested with 
 general power and authority to make all settlements with 
 persons indebted to them in their official capacity ; or re- 
 ceive deeds of real estate in compromise; and to cancel in 
 such manner as they may think proper, notes, bonds, mort- 
 
17 
 
 gages, judgments and decrees, existing, or that may here- 
 after exist, for the benefit of the township, when the interest 
 of said township, or the fund concerned, shall, in their opin- 
 ion, require it; and their action shall be valid. Said board Mayseii. 
 of trustees are hereby authorized to lease or sell, at public 
 auction, any land that may come into their possession, in 
 such manner, and on such terms, as they shall deem for the 
 interest of the township : Provided, that in all cases of sale Proviso. 
 of land as provided in this section, the sale shall be made 
 at the same place, and notice given of it in the same manner 
 as is provided in this act for the sale of the sixteenth section. 
 
 SCHOOL DIRECTORS THEIR ELECTION AND DUTIES. 
 
 § 42. The annual election of school directors shall be on » Election of di- 
 the first Monday of August,* when one director shall be rec1 
 elected in each district, who shall hold his office for three 
 years, and until his successor is elected. In new districts First election 
 the first election may be on any Monday, notice being given -notice thereof 
 by the township treasurer, as for the election of trustees, 
 when three directors shall be elected, who shall, at their 
 first meeting, draw lots for their respective terms of office, for Lotsto be drawn 
 one, two and three years. When vacancies occur, the re- vacancies to 
 maining director or directors shall, without delay, order an be filled - 
 election to fill such vacancies. Notices of all elections in Notice gken. 
 organized districts shall be given by the directors, at least 
 ten days previous to the day of said election. Said notices 
 shall be posted in at least three of the most public places in 
 the district, and shall specify the place where such election 
 is to be held, the time of opening and closiDg the polls, and 
 the question or questions to be voted on. Two of the di- 
 rectors shall act as judges, and one as clerk of said election. Judges and clerk 
 But, if said directors shall fail to attend, or refuse to act, 
 when present, and in unorganized districts, the legal voters, 
 when assembled, shall choose three of their number to act as 
 judges, and one as clerk of said election : Provided, that if Election may 
 upon the day appointed for said election the said directors be postponed. 
 or judges shall be of opinion that, on account of the small 
 attendance of voters, the public good requires it, or if the 
 voters present, or a majority of them, shall desire it, they 
 shall postpone said election until the next Monday, at the 
 same place and hour, when the voters shall proceed as if it 
 were not an adjourned meeting : And, provided, also, that 
 if notice shall not have been given, as above required, then 
 said election may be ordered as aforesaid, and holden on 
 the third Monday in August, or any other Monday, notice 
 thereof being given as aforesaid. In case of a tie, the judges Tie. 
 shall decide it, by lot, on the day of election. The directors cierkot'direc- 
 shall appoint one of their number clerk, who shall keep a tors— his duties, 
 
 * See amendment, sec. 1, (p. 44), 
 
 —3 
 
18 
 
 kept ec in r enit°ab b ie recor d of all the official acts of the board, in a well bound 
 
 boos-. book, provided for the purpose ; which record shall be sub- 
 
 mitted to the township treasurer, for his inspection and ap- 
 proval, on the first Mondays of April and October, and at 
 such other times as the township treasurer may require. 
 Directors are authorized to use any funds belonging* to their 
 district, and not otherwise appropriated, for the purchase of 
 a suitable book for their records, and the said records shall 
 be kept in a punctual, orderly and reliable manner. No 
 
 toTalsemoney 6 P erson sna ^ be entitled to vote at any district election, on 
 the question of raising money, unless he shall have resided 
 in the district at least thirty days immediately preceding 
 said election, nor unless he shall have paid a tax in said 
 district the preceding year, or shall have been assessed in 
 such district for the year in which such election is held. 
 Poll book and After every election of directors the judges shall cause the 
 
 returned, :e poll book to be delivered to the township treasurer, with a 
 certificate thereon showing the election of said directors and 
 names of the persons elected ; which poll book shall be filed 
 by the township treasurer, and shall be evidence of said 
 
 Mustbearesi- election. If any trustee or director shall not be an inhabi- 
 tant of the district or township which he represents, an 
 election shall be ordered to fill the vacancy, and no person 
 shall be at the same time a director and trustee, nor shall 
 a director or trustee be interested in any contract made by 
 the board of which he is a member. Should the directors 
 fail or refuse to order any regular or special election, as 
 aforesaid, it shall be the duty of the township treasurer to 
 order such election, and if he fails to do so, then it shall be 
 the duty of the county superintendent to order such election 
 of directors, within ten days, in each case of such failure or 
 refusal, and the election held in pursuance of such order 
 shall be valid, the same as if ordered by the directors. 
 Directors may 8 43. For the purpose of establishing and supporting 
 
 levy taxes for *» ■■ V * if o iio 
 
 certain purpo- tree schools for six months, and defraying all the expenses 
 of the same, of every description ; for the purpose of repair- 
 ing and improving school houses ; of procuring furniture, 
 fuel, libraries and apparatus, and for all other necessary in- 
 cidental expenses, the directors of each district shall be au- 
 thorized to levy a tax annually upon all the taxable property 
 May appropri- °f the district. They may also appropriate to the purchase 
 
 ate for libraries, of libraries and apparatus any surplus funds, after [all] ne- 
 cessary school expenses are paid. 
 Directors to § 4i. The directors of each district shall ascertain, as 
 
 of funds re- nearly as practicable, annually, how much money must be 
 
 quired. raised by special tax for school purposes during the ensuing 
 
 year. They shall then find what rate per cent, this amount 
 will require to be levied upon the taxable property, real and 
 personal, of the district, which rate, with a list of the resi- 
 dent tax-payers, alphabetically arranged, shall be certified 
 and returned to the township treasurer, on or before the 
 
19 
 
 first Monday of September, annually. The certificate of 
 the directors may be in the following form, viz : 
 
 We hereby certify that we require the rate of to be levied as a Certificate. 
 
 special tax for school purposes, ou the taxable property of our district, for 
 
 the year 18 — . Given under our hands this day of , 18 — . 
 
 A. B.J Directors district No. — township 
 C. D.,[- No. — , range No. — , county of 
 E. F.,) , and State of .Illinois. 
 
 It shall be the duty of the township treasurer to return ^ Treasurer to 
 said, certificates and lists of tax-payers to the clerk of the township! . p 
 county court on or before the second Monday of Septem- 
 ber ; and. whenever the boundaries of the districts of the 
 township shall have been changed, the township treasurer 
 shall return to the clerk of the county court, with the cer- 
 tificates and lists aforesaid, a map of the township, showing 
 such changes, and certified as required in the thirty-third 
 (33d) section of the act. When a district lies in two or District lying 
 more counties, the directors shall determine and certify the m^counTies™ 
 rates to be levied on the taxable property lying in each 
 county, and return the same, with separate lists of resident 
 tax-payers, to the township treasurer, who shall return 
 them to the respective county clerks, as hereinbefore pro- 
 vided. 
 
 § 45. According to the rate or rates, certified as afore- Duty of conn- 
 said, the said county clerk, when making out the tax books tycler ■" 
 for the collector, should compute each taxable person's tax 
 in said district, taking as a basis the total amount of taxable 
 property returned by the county assessor for that year, ly- 
 ing and being in said district, whether belonging to resi- 
 dents or non-residents, and also each and every tract of land 
 assessed by the assessor, which lies, or the largest part of 
 which lies in said district. The said county clerk shall 
 cause each person's tax so computed to be set upon the tax 
 book to be delivered to the collector for that year, in a sepa- 
 rate column, against each tax-payer's name or parcel of tax- 
 able property, as it appears in said collector's book, to be 
 collected in the same manner and at the same time, and by 
 the same persons aa state and county taxes are collected :* 
 Provided, the assessments so made in the years intervening Proviso, 
 between the regular biennial assessments of real estate as 
 provided in the revenue acts, shall be based upon the tax- 
 payer's real estate as assessed at the regular biennial assess- 
 ment. The computations of each persons tax, and the levy 
 made by the clerk as aforesaid, shall be final and conclu- 
 sive: Provided, further, the rate shall be uniform, and shall Further proviso 
 not exceed the rate certified by the board of directors ; and 
 the said county clerk, before delivering the tax book to the 
 collector, shall make out and deliver, on demand, to each 
 township treasurer of the respective townships in the coun- 
 ty, a certificate of the amount due each district in his town- 
 
 *See aot relating to assessments, etc., p. 45. 
 
20 
 
 ship of said tax so levied and placed upon the tax books ; 
 and on or before the first day of April next after the deliv- 
 ery of the tax books containing the computation and levy 
 of said taxes aforesaid, or so soon thereafter as the town- 
 ship treasurer shall present the said certificate of the 
 amount of said tax, and make a demand therefor, the said 
 collector shall pay to said township treasurer the full amount 
 of said tax so certified by the county clerk, retaining from 
 said amount only two per centum as his fees for collection, 
 taking of the township treasurer his receipt therefor, which 
 receipt shall be evidence, as well in favor of the collector 
 as against the township treasurer; and said treasurer shall 
 enter the same in his books, under the proper heads, and 
 Districts com- pay the same out as provided for by this act. When a dis- 
 
 moi e e d towMMps trict is composed of parts of two or more townships, the 
 directors shall determine and inform the collector in writing, 
 under their hands as directors, which of the treasurers of 
 the townships from which their district is formed shall de- 
 mand and receive the tax money collected by the county 
 collector as aforesaid. 
 
 Penalty. § 46. If any collector shall fail to pay the amount of 
 
 said tax, or any part thereof, as required in the aforesaid 
 section, it shall be competent for the township treasurer, or 
 other authorized person, to proceed against such collector 
 and his securities in an action of debt in the county court ; 
 which court is hereby vested with full power and authority 
 to hear and determine all such suits, render judgments and 
 issue execution ; or said suit may be brought in any other 
 court having jurisdiction; and the said collector, so in de- 
 fault, shall pay twelve per centum upon the amount due, to 
 be assessed as damages, which shall be included in the 
 jadgment rendered against him: Provided^ no collector 
 shall be liable for such part of said tax as he shall be able 
 to make appear he could not have collected by law, until 
 he may be able to so collect such amount. 
 Directors for § 47. For the purpose of building school houses, or pur- 
 
 slfmay borrow chasing school sites, or for repairing and improving the same, 
 
 money. the directors, by a vote of the people, may borrow money, 
 
 issuing bonds executed by the officers, or at least two mem- 
 bers of the board, in sums of not less than one hundred dol- 
 lars ; but the rate of interest shall not exceed ten per cent.; 
 nor shall the sum borrowed in any one year exceed five per 
 cent, of the taxable property of the district ; nor shall the 
 tax levied in any one year for building school houses, ex- 
 ceed three per cent, [of said taxable property.] 
 Directors made § 48. The directors of each district are hereby declared 
 
 body corporate a DO cry politic and corporate, by the name of " school di- 
 rectors of district No. , township No. , county 
 
 f } and state of Illinois," and by that name may sue 
 
 and be sued in all courts and places whatever. Two direc- 
 tors shall be a quorum for business. The directors shall be 
 
21 
 
 liable, as directors, for the balance due teachers, and for all Directors iia- 
 
 debts legally contracted. They shall establish and keep in due teLherslete 
 
 operation, for at least six months in each year, and longer, 
 
 if practicable, a sufficient number of free schools for the 
 
 proper accommodation of all the children in the district 
 
 over the age of six and under twenty-one years.* They 
 
 may adopt and enforce all necessary rules and regulations 
 
 for the management and government of the schools, and 
 
 shall visit and inspect the same as often as practicable. 
 
 They shall appoint all teachers, fix the amount of their re ^ ers of di " 
 
 salaries, and may dismiss them for incompetency, cruelty, 
 
 negligence or immorality. They may direct what branches 
 
 of study shall be taught, and what text-books shall be used 
 
 in their respective schools, and may suspend or expel pupils 
 
 for disobedient, refractory or incorrigibly bad conduct. It 
 
 shall not be lawful for a board of directors to purchase or When vote 
 
 iii -j. j. -U v m i must be taken. 
 
 locate a school house site, or to purchase, build or move a 
 school house, or to levy a tax to extend schools beyond six 
 months, without a vote of the people, at an election called 
 and conducted as required in the forty-second section of the 
 act. A majority of the votes cast shall be necessary to 
 authorize the directors to act : Provided, that if no one Proviso. 
 locality shall receive a majority of all the votes cast at such 
 election, the directors may, if in their judgment the public 
 interests require it, proceed to select a suitable school house 
 site, and the site so chosen by them shall, in such case, be 
 leo-al and valid, the same as if it had been determined by a 
 majority of the votes cast. 
 
 OF JUDGMENTS AND EXECUTIONS AGAINST BOARDS OE TRUSTEES 
 OK SCHOOL DIRECTORS. 
 
 § '49. If judgment shall be obtained against any town- Judgment and 
 
 , p .1 to i -i • t ■ j .P l i.-i.i j execution ag'gu 
 
 ship board oi trustees or school directors, the party entitled trustees anddi- 
 to the benefit of such judgment may have execution there- rectors - 
 for, as follows, to wit :' It shall be lawful for the court in 
 which such judgment shall be obtained, or to which such 
 judgment shall be removed by transcript or appeal from a 
 justice of the peace, or other court, to issue thence a writ, 
 commanding the directors, trustees and treasurer of such 
 township to cause the amount thereof, with interest and 
 costs, to 1 be paid to the party entitled to the benefit of said 
 judgment, out of any moneys, unappropriated, of said town- 
 ships, or, if there be no such moneys, out of the first mon- 
 eys 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 ; and 
 to enforce obedience to such writ by attachment, or by 
 mandamus, requiring such board to levy a tax for the pay- 
 ment of said judgment; and all legal process, as well as 
 
 See amendment, sec. 4, p. 43. 
 
22 
 
 writs to enforce payments of a judgment, shall be served 
 either on the president or clerk of the board. 
 
 Examination 
 of teaehers. 
 
 Grades of cer- 
 tificates. 
 
 Renewal. 
 
 Revocation. 
 
 Form of cer- 
 tificate. 
 
 Shall keep re- 
 cord of exami- 
 nation. 
 
 EXAMINATION AND QUALIFICATIONS OF TEACHERS. 
 
 § 50. JSTo teacher shall be authorized to teach a common 
 school under the provisions of this act, who is not of good 
 moral character, and qualified to teach, orthography, read- 
 ing in English, penmanship, arithmetic, English grammar, I 
 modern geography, and the history of the United States. 
 It shall be the duty of the county superintendent to grant 
 Certificates to such teachers as may, upon due examination, 
 by himself, or a board of examiners by him appointed, be 
 found to possess the necessary qualifications. Said certifi- 
 cates shall be of two grades : those of the first grade shall 
 be valid for two years ; those of the second grade, for one 
 year. The county superintendent in ay, at his option, renew 
 said certificates, at their expiration, by his indorsement 
 thereon, and may revoke the same at any time, for immo- 
 rality, incompetency, or other just cause. Said certificates 
 may be in the following form, viz : 
 
 -, Illinois, 
 
 County. 
 
 -, 18-. 
 
 The undersigned, having examined 
 
 in orthography, reading in 
 
 English, penmanship, arithmetic, English grammar, modern geography and 
 
 the history of the United States, and being satisfied that is of good 
 
 moral character, hereby certifies that qualifications in the above 
 
 branches are such as to entitle to this certificate, being of the 
 
 grade, and valid in said county for year from the date hereof, renewa- 
 ble at the option of the county superintendent by his indorsement thereon. 
 Given under my hand and seal, at the date aforesaid. 
 
 A. B., County Superintendent of Schools. 
 
 Each county superintendent shall also keep a record, in 
 a book provided for that purpose, of all teachers to whom 
 he grants certificates. Said record shall show the date and 
 grade of each certificate granted ; and the name, age and 
 nativity of each teacher ; and shall give the names, etc., of 
 male and female teachers separately. Said record may be 
 as follows, viz : 
 
 NAME. 
 
 25 
 
 NATIVITY. 
 
 DATE. 
 
 o 
 
 S3 
 
 a 
 
 REMAKKS. 
 
 
 Illinois. . 
 
 March 1, 1864 
 
 1 
 
 Hao taught o years . . . 
 
 A copy or transcriptof said record shall be transmitted by' 
 
 the county superintendent, with his regular report, to the 
 
 state superintendent. 
 
 state certifi- The state superintendent of public instruction is hereby 
 
 catc^tojDejsPu^d authorized to grant state certificates to such teachers as may 
 
 ent of public in- be found worthy to receive them, which shall be of perpet- 
 
 Btruction. r x 
 
23 
 
 ual validity in every county and school district in the state. 
 But state certificates shall only be granted upon public com- on pubiie ex- 
 petitive examination, of which due notice shall be given, amlBatl0n - 
 in such branches and upon such terms and by such examin- 
 ers as the state superintendent and the principal of the nor- 
 mal university may prescribe. The fee for a state certifi- Fee - 
 cate shall be five dollars. Said certificates maybe revoked Revocation, 
 'by the state superintendent upon proof of immoral or un- 
 professional conduct. Every school established under the 
 provisions of this act shall be for the purpose of instruction 
 in the various branches of an English education, and no 
 school funds shall be appropriated under this act for any 
 other class or description of schools : Provided, that noth- Proviso, 
 ing herein contained shall prevent the teaching, in common 
 schools, of other and higher branches than those enumera- 
 ted in this section.* 
 
 § 51. It shall be the duty of county superintendents to Meetings for 
 hold meetings, at least quarterly, and oftener, if necessary, t^ 1 " 3 " 011 of 
 for the examination of teachers, on such days and at such 
 places in their respective counties as will, in their opinion, 
 accommodate the greatest number of persons desiring such 
 examination. Notice of such meetings shall be published Publication of 
 a sufficient length of time in at least one newspaper of gen- ™ )tlce - 
 eral circulation ; the expense of such publication to be paid 
 out of the school fund. County superintendents shall, in No fee. 
 no case, exact or receive any fee for certificates. 
 
 TEACHEES — THEIR DUTIES. 
 
 § 52. No teacher shall be entitled to any portion of the mui .^f^. 
 common school or township fund, or other public fund, or Ued. 
 be employed to teach any school under the control of any 
 board of directors of any school district in this state, who 
 shall not, before his employment, exhibit to said board, or 
 to a committee of said board, a certificate of qualification 
 obtained under the provisions of this act ; nor shall any 
 teacher be paid any portion of the school or public fund 
 aforesaid, unless he shall have kept and furnished sched- 
 ules as herein directed. 
 
 § 53. Teachers shall make schedules of the names of schedule. 
 all scholars under twenty-one years of age, attending their 
 schools, in the form prescribed by this act ; and when 
 scholars reside in two or more districts, townships or coun- 
 ties, separate schedules shall be kept for each district, town- 
 ship or county, snd the absence or presence of every 
 scholar shall be set down under the proper date, and oppo- 
 site the name on every day that school is open, and the ab 
 sence of a scholar shall be signified by a blank — the pres- 
 ence by a mark. The schedule to be made and returned by 
 the teacher shall be, as near as-circuuut^nces will permit, 
 in the following form, viz : 
 
 •See amendment; see. 3, p. 44. 
 
24 
 
 Form of 
 schedule. 
 
 SCHEDULE of a common school kept by A. B., at , in district number — — , 
 
 in township number , range number , of the principal meridian, 
 
 in the county of , in the State of Illinois: 
 
 Names and ages of schol- 
 ars attending my sehool, 
 and residing in district 
 number — , In township 
 — north, range — west, 
 in — eounty. 
 
 Name. 
 
 John Smith....... 
 
 Isaac Meslier 
 
 Saiah I'anforth. .. 
 Mary Newman . . . 
 
 Age. 
 
 
 R4 
 
 
 
 Males . 
 
 
 
 E35 
 Females. 
 
 Total. 
 
 
 2 
 
 4 
 
 
 
 
 
 3.2 
 
 
 Teacher's cer- And said teacher shall add up and set down the whole 
 hficate. number of days' attendance of each scholar, and add up said 
 
 whole numbers, and make out the grand total number of 
 days' attendance. He shall also note the whole number of 
 scholars, giving the males and females separately ; the ave- 
 rage daily attendance ; and shall set the age of each pupil 
 opposite the name of said pupil, as in the form above pre- 
 scribed, and shall attach thereto his certificate, which shall 
 be in the following form, viz : 
 
 I certify that the foregoing schedule of scholars attending my school, 
 as therein" named, and residing as specified in said schedule, to the best 
 of my knowledge and belief, is correct; and that it was a school for the 
 purpose of teaching various branches of an English education. 
 
 A. B., Teacher. 
 
 schedule to be When the teacher shall have completed his or her sched- 
 fe e ctors ed t0 di% ule of schedules, as above required, he or she shall deliver 
 it to some one of the directors, and it shall be the duty of 
 said director, in connection with one other director of the 
 board, to carefully examine such schedule or schedules, 
 and, after correcting all errors, and if they shall find such 
 schedule to have been kept according to law, they shall cer- 
 tify to the same, as near as practicable, in the following 
 form, viz : 
 
 STATE OF ILLINOIS, 
 County. 
 
 in township number 
 
 We, the undersigned, directors of — 
 
 range number , in the county aforesaid, certify that we have examined 
 
 the foregoing schedule, and find t]ie same to be correct, and that the school 
 was conducted according to law. That there is now due said CD., teacher, 
 
25 
 
 as per contract, the sum of dollars and cents, and that the said 
 
 teacher has a legal certificate of good moral character, and of qualification 
 to teach a common school (or of suoh grade as the case may be.) 
 Witness our hands, this day of a. n. 18 — . 
 
 -V ys'' [- Directors. 
 
 Which schedule or schedules, certified as aforesaid by at schedules to be 
 least two directors, shall be filed by said directors with the 
 township treasurer ; and until such schedule and report, as 
 aforesaid, shall have been filed as aforesaid, it shall not be 
 lawful for said treasurer to pay said teacher, or any two 
 members thereof to draw an order in favor of said teacher. 
 
 § 54. School directors shall certify no schedule that Directors iim- 
 reaches back to a time more than six months from the time beanie dateof 
 fixed by law for the regular return of schedules to the town- 
 ship treasurer. Schedules, made and certified as aforesaid, 
 shall, at least two days before the first Monday in April and wheu to be 
 October, be delivered by the directors to the township eiverec * 
 treasurer. The director, or directors, to whom the schedule 
 is delivered by the teacher, shall receipt for the same ; Directors must 
 which receipt shall be evidence in favor of the teacher, and recel P*- 
 against the directors or directors ; and the directors shall be 
 personally liable for any loss sustained by the teacher 
 through their failure to deliver the schedule to the township 
 treasurer within the time fixed by law. Teachers' schedules 
 are hereby declared payable on the first Mondays in April when payable. 
 and October of each year;- and for any portion of the 
 amount certified in said schedules, by the directors, to be 
 due, and remaining unpaid after said first Mondays in April 
 and October respectively, teachers shall be entitled to inte- 
 rest, at the rate of ten (10) per cent, per annum, until paid ; unpaid at m- 
 1 and it is hereby made the duty of all school directors, trus- 
 tees and^towuship treasurers, to allow andfpay said rate of 
 interest upon all unpaid balances due teachers as aforesaid ; 
 and said balances shall be paid out of the first moneys 
 coming into the hands of the township treasurer, to the 
 credit of the proper district, and not otherwise previously 
 and specifically appropriated. 
 
 TOWNSHIP TREASURER — HIS DUTIES. 
 
 5 55. The township treasurer, appointed by the board Treasurer to 
 
 .,3 , , . . .. l , -i • 3 L- j. £ 1Te bond. 
 
 ot trustees, shall, before entering upon his. duties, execute 
 a bond, with two or more freeholders, who shall not be 
 members of the board, as securities, payable to the board 
 of the township for which he is appointed treasurer, with 
 a sufficient penalty to cover all liabilities which may be in- 
 curred, conditioned faithfully to perform all the duties of 
 
 township treasurer, in township , range , in 
 
 county, according to law. The security shall be ap- 
 proved by at "least a majority of the board, and shall be de- 
 livered by one of the trustees to the county supermten- 
 
 *See amendment, sec. 2, p. 44. , 
 
26 
 
 dent of the proper county. And in all cases where such 
 treasurer aforesaid ie to have the custody of all bonds, 
 mortgages, moneys and effects denominated principal, and 
 belonging to the township for which he is appointed trea- 
 surer, the penalty of said treasurer's bond shall be twice the 
 amount of said bonds, notes, mortgages, moneys, and ef- 
 fects. And every township treasurer appointed subse- 
 quent to the first, as herein provided, shall execute bond, 
 with security, as is required of the first treasurer. The 
 bond required in this section shall be in the following form, 
 viz : , 
 
 STATE OF ILLINOIS, { 
 
 CouNTr. ) ss ' 
 
 Form of bond. Know all men by these presents, that we, A. B., C. D., and E. E., are 
 
 held and firmly bound, jointly arid severally, unto the board of , in 
 
 said county, in the penal sum of dollars, for the payment of which, 
 
 we bind ourselves, our heirs, executors and administrators, firmly by these 
 presents. 
 
 In witness whereof, we have hereunto set our hands and seals, this 
 
 day of , a. d. 18 — . 
 
 The condition of the above obligation is such, that if the above bounden 
 
 A. B., township treasurer of township , range ■ — , in the county 
 
 aforesaid, shall faithfully discharge all the duties of said office according 
 to the laws which now are, or may hereafter be in force, and shall deliver 
 to 'his successor in office all moneys, books, papers, securities and property 
 in his hands as such township treasurer, then this obligation to be void ; 
 otherwise to remain in full force and virtue. 
 
 A. B., [seal.] 
 C. D., [seal.] 
 E. P., [seal.] 
 Approved and accepted by 
 
 G. H., ) 
 
 I. J,, V Trustees. 
 
 K. L., ) 
 
 *JE «,J r< ? vide § 56. Everv township treasurer shall provide himself 
 
 oook and Keep .«. - *f , . {, 
 
 account of mon- with two well bound books, the oneto be called a cash book, 
 the other a loan book. He shall charge himself in the cash 
 book with all moneys received, stating the charge, when, 
 from whom and on what account received ; and credit him- 
 self with all moneys paid or loaned, the amount loaned, 
 the date of the loan, the rate of interest, the time when 
 payable, the name of the securities, or, if real estate be ta- 
 ken, a description of the same. Heshallalso enter, insepa- 
 rate accounts, moneys received and moneys paid out, 
 charging the first to debit account, and crediting the latter as 
 follows, to-wit : First, the principal of the township fund, 
 when paid in and when paid out. Second, the interest of 
 the township fund, when received and when paid out. 
 Third, the common school fund, and other funds, when re- 
 ceived from the county superintendent, and when paid out. 
 ^Fourth, the taxes received from the county collector, dis- 
 tinguishing between that for general school purposes and 
 that levied for the purpose of prolonging schools. Fifth, 
 donations received. Sixth, moneys coming from all other 
 
27 
 
 sources; and in all cases entering the date when received 
 and when paid out; and he shall also arrange and keep his 
 books and accounts in such other manner as may be direc- 
 ted by the state or county superintendent, or Xhe board of 
 trustees. He shall also provide a book, to be called a jour- 
 nal, in which he shall record, fully and at length, the acts 
 aod proceedings of the board, their orders, by-laws and 
 resolutions ; which book shall be at all times subject to the 
 inspection of said board, or other person authorized by this 
 act, or of any committee appointed by the inhabitants of the 
 township to examine the same. And he shall also provide 
 a book, to be called a record, in which he shall enter a brief 
 description of all notes or bonds belonging to the township 3 
 and upon the opposite page he shall note down when paid, 
 or auy remarks to show where or in what condition it is, as 
 in the following form, viz : 
 
 Makers' 
 names. 
 
 AB, CD, 
 
 EF. 
 
 Date of note. 
 
 January 1st, 
 18— 
 
 Form. 
 
 When clue, j Amount. 
 
 January 
 • 18—. 
 
 1st, I .$90 00 
 
 Remarks. 
 
 January 6, 18 — , handed 
 to I J, for collection, (or 
 January 6, 18 — , paid.) 
 
 § 57. Township treasurers shall loan, upon the follow- To loan funds; 
 ing conditions, all moneys which shall come to their hands 
 by virtue of their office, except such as may be subject to 
 distribution. The rate of interest shall not be less than six 
 per cent., nor more than ten per cent, per annum, payable 
 half-yearly in advance ; the rate of interest to be deter- 
 mined by a majority of the township trustees, at any reg- 
 ular or special meeting of their board. ISTo loans shall be 
 made for less than six months, or more than five years. 
 For all sums not exceeding one hundred dollars, loaned for 
 not more than one year, two responsible securities shall be 
 given; for all sums over one hundred dollars, and for all 
 loans for more than one year, security shall be given by 
 mortgage on real estate, unincumbered, in value double 
 the amount loaned, with a condition that in case additional 
 security shall at any time be required, the same shall be 
 given to the satisfaction of the board of trustees for the 
 time being : Provided, that nothing herein shall prevent Proviso. 
 the loaning of township funds to boards of school direc- 
 tors, taking bonds therefor, as provided in section forty- 
 seven of the act : And, provided, further, that all loans of Further proviso 
 school money, made by township treasurers and school 
 officers, daring the past two years, in accordance with the 
 instructions of the state superintendent, are hereby declared 
 lawful, as if made under the provisions of this section, as 
 
28 
 
 amended. Notes, bonds, mortgages and other securities 
 taken for money or other property, due or to become due to 
 the board of trustees for the township, shall be payable to 
 the said board by their corporate name ; and in such name 
 suits, actions and complaints, and every description of legal 
 proceedings, may be had for the recovery of money, the 
 breach of contracts, and for every legal liability which may 
 at any time arise or exist, or upon which a right of action 
 Proviso. shall accrue to the use of this corporation : Provided, how- 
 
 ever, that notes, bonds, mortgages and other securities in 
 which the name of the county superintendent, or of the 
 trustees of schools, are inserted, shall be valid to all intents 
 and purposes ; and suit shall be brought in the name of the 
 board of trustees as aforesaid. The wife of the mortgager 
 (if he has one) shall join in the mortgage given to secure 
 the payment of money loaned by virtue of the provisions 
 of this act. 
 
 § 58. Mortgages, to secure the payment of money 
 loaned under the provisions of this act, may be in the fol- 
 lowing form, viz : 
 
 Form of mort- I, A. B., of the county of , aud state of , do hereby grant, 
 
 gage, convey and transfer to the board of trustees of township , range , 
 
 in the county of , and state of Illinois, for the use of the inhabitants 
 
 of said township, the following described real estate, to-wit : (Here insert 
 premises.) Which real estate I declare to be in mortgage for the payment 
 
 of ■ dollars loaned to me, aad for the payment of all interest that may 
 
 accrue thereon, to be computed at the rate of per cent, per annum 
 
 until paid. And I do hereby covenant to pay the said sum of money in 
 
 years from the date hereof, and to pay iraterest on the same at the 
 
 rate aforesaid, half-yearly in advance. I further covenant that I have a 
 good and valid title to said estate, and that the same is free from all incum- 
 brance ; 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 by said board of trustees ; and if said estate be sold 
 t^ pay said debt, or any part thereof, or for any failure or refusal to com- 
 ply with or perform the conditions or covenants herein contained, I will 
 deliver immediate possession of the premises ; and in consideration of the 
 premises, C, wife of said A. B., doth hereby release to the said board all 
 her right and title of dower in the aforegranted premises, for the purposes 
 aforesaid. 
 
 In testimony whereof, we have hereunto set our hands and seals this 
 
 day of , 18 — .» 
 
 A. B., [seal.] 
 C. D., [seal.] 
 
 To be recorded. "Which mortgage shall be acknowledged and recorded as 
 is required by law for other conveyances of real estate, the 
 mortgager paying the expenses of acknowledgment and re- 
 cording, and fifty cents as a fee to the township treasurer. 
 Breach of eon- § 59. Upon the breach of any condition or stipulation 
 contained in said mortgage, an action may be maintained 
 and damages recovered as upon other covenants ; but mort- 
 gages made in any other form to secure payment as afore- 
 said, shall be valid as if no form had been prescribed. In 
 estimating the value of real estate mortgaged to secure the 
 payment of money loaned under the provisions of this law 
 
 ditions. 
 
29 
 
 the value of improvements liable to be destroyed shall not 
 be included. 
 
 § 60. In all eases where the board of trustees shall re- Additional ?e- 
 quire additional security for the payment of money loaned, curit y- 
 and such security shall not be given, the township treasurer 
 shall cause suit to be instituted for the recovery of the same, 
 and all interest thereon, to the date of judgment : Provided^ 
 that proof be made of the said requisition. In the payment 
 by debts by executors and administrators, those due the 
 common school or township fund shall have a preference 
 over all other debts, except funeral and other expenses 
 attending the last sickness, not including the physician's bill/ 
 And it shall be the duty of the township treasurer to attend 
 at the office of the probate justice upon the proper day, as 
 other creditors, and have any debts, as aforesaid, probated 
 and classed, to be paid as aforesaid. ' 
 
 § 61. If default be made upon the payment of interest Default in pay- 
 due upon money loaned by any county superintendent or men i of interest 
 township treasurer, or in the payment of the principal, in- 
 terest at the rate of twelve per cent, per annum shall be 
 charged upon the principal and interest from the day of de- 
 fault, which shall be included in the assessment of dam- 
 ages, or in the judgment in suit or action brought upon the 
 obligation to enforce payment thereof; and interest as afore- 
 said may be recovered in action brought to recover interest 
 only. And the said township treasurers are hereby em- 
 powered to bring appropriate actions, in the name of the Bring suit. 
 board of trustees, for the recovery of the half-yearly inte- 
 rest, when due and unpaid, without suing for the principal, 
 in whatever form secured, and justices of the peace shall 
 have jurisdiction in such cases of all sums under one hun- 
 dred dollars. 
 
 § 62. All suits brought, or actions instituted under the A n suits and 
 provisions of this act, may be brought in the name of the FH?" 8 hr °u% ht . 
 
 "board of trustees ol township , range , except the board, 
 
 as is provided for action qui tarn in this act, or in favor of 
 connty superintendents. The township treasurer shall de- 
 mand, receive and safely keep, according to law, all moneys, 
 books and papers of every description belonging to his town- 
 ship. He shall keep the township fund loaned at interest ; 
 and if, on the first Monday of October in any year, there 
 shall be any interest or other funds on hand, which shall not 
 be required for distribution, such amount, not required as 
 aforesaid, may, if the board of trustees see proper, forever 
 be considered as principal in the funds to which it belongs, 
 and loaned as such. 
 
 § 63. On the first Mondays of April and October, of statement to 
 every year, the township treasurer shall lay before the board A%iUndOcti> 
 of trustees a statement, showing the amount of interest, ber. 
 rents, issues and profits that have accrued or become due 
 since their last regular half-yearly meeting on the town- 
 
30 
 
 ship lands and township funds, and also the amount of state 
 and county fund interest on hand. He shall also lay before 
 the said trustees all books, notes, bonds, mortgages, and all 
 other evidence of indebtedness belonging to the township, 
 for the examination of the trustees, and shall make such 
 other statement as the board may require touching the du- 
 ties of his office. The township treasurer shall, also, on 
 the first Mondays of April and October of each year, make 
 
 Settlement. a full settlement with the respective boards of directors in 
 his township, and shall deliver to the clerk of each of said 
 boards, on demand, a statement or exhibit, showing the 
 exact condition of the account of each district, and the 
 amount of funds of every description in his hands, to the 
 credit of and belonging to each district, respectively, and 
 subject to the order of the directors thereof. 
 
 fenaity § 64. For an}' failure or refusal to perform all the duties 
 
 required of township treasurer by law, he shall be liable to 
 the board of trustees upon his bond, to be recovered by 
 action of debt by said board, in their corporate name, for 
 the use of the proper township, before any court having 
 jurisdiction of the amount of damages claimed ; but if said 
 treasurer, in any such failure or refusal, acted under and 
 in conformity to a requisition or order of said board, or a 
 majority of them, entered upon their journal and subscribed 
 by their president and clerk, then and in that case the mem- 
 bers of the said board, aforesaid, or those of them voting 
 for said requisition or order, aforesaid, and not the treasu- 
 rer, shall be liable, jointly and severally, to the inhabitants 
 of the township, to be recovered by action of assumpsit, in 
 the official name of the county superintendent of schools, 
 for the use of the proper township. 
 Bonds, mort- § 65. When a township treasurer shall resign, or be re- 
 
 le g aeiivOT C ed to moved, and at the expiration of his term of office, he shall 
 
 successors. y oyer to ^-g g UCCe ggor in office all money on hand, and 
 
 deliver over all books, notes, bonds, mortgages, and all 
 other securities for money, and all papers and documents 
 of every description, in which the corporation may have 
 any interest whatever; and in case of the death of the 
 township treasurer, his securities and legal representatives 
 shall be bound to comply with the requisitions of this sec- 
 tion. And for any failure to comply with the requisitions 
 of this section, he shall be liable to a penalty of not less 
 than ten nor more than one hundred dollars, at the discre- 
 tion of the court before which judgment may be obtained ; 
 and the obtaining or payment of said judgment shall in no 
 wise discharge or diminish the obligation of his official bond. 
 
 TOWNSHIP AND COUNTY SCHOOL FUNDS. 
 
 school fund § 66. All bonds, notes, mortgages, moneys and effects, 
 principaifn < ce t " which have heretofore accrued, or may hereafter accrue, 
 
 tain cases. 
 
from the sale of the sixteenth section of the common school 
 lands of any township or county, or from the sale of any 
 real estate or other property, taken on any judgment or 
 for any debt due to the principal of any township or county 
 fund; and all other funds, of every description, which have 
 been or may hereafter be carried to and made part of the 
 principal of any township or county fund, by any law which 
 has heretofore been, is now, or may hereafter be enacted, 
 are hereby declared to be, and shall forever constitute the 
 principal of the township or county fund, respectively, and 
 no part thereof shall ever be distributed or expended for 
 any purpose whatever, but shall be loaned out, and held to 
 use, rent or profit, as provided by law. But the interest,, 
 rents, issues' and profits, arising and accruing from the 
 principal of said township or county fund, shall be distri- 
 buted in the manner and at the times as provided in this 
 act and the act of which this is amendatory ; nor shall any 
 part of such interest, rents, issues and profits, be carried to 
 the principal of the respective funds. 
 
 § '67. School funds collected from special taxes, levied se&ooi^fiinds 
 by order of school directors, or from the sale of property on order "of ai- 
 belonging to any district, shall be paid out on the order of rectors - 
 the proper board of directors ; and all other moneys and 
 school funds, liable to distribution, paid into the township 
 treasury, or coming into the hands of the township treasu- 
 rer, shall, after said funds have been apportioned by the 
 township trustees, as required in section thirty-four of the 
 act of which this act is amendatory, be paid out only on the 
 order of the proper board of directors, signed by the presi- 
 dent and clerk of said board, or by a majority thereof. For 
 all payments made, receipts shall be taken and filed. In 
 all such orders shall be stated the purpose for which, or on 
 what account drawn. Said orders may be in the following 
 form, viz : 
 
 The treasurer of township No. , range No. , in county, will Form of order. 
 
 pay to , or bearer, — dollars and cents, (on his con- 
 tract for repairing school house, or whatever the purpose may be.) 
 
 By order of the board of directors of district No. — , in said township. 
 
 A. B., President. 
 
 C. D., Clerk 
 
 Which order, together with the receipt of the person to order and re- 
 whom paid, shall be filed in the office of the township trea- "iptstobeflied 
 surer. 
 
 COMMON SCHOOL FUNDS. 
 
 § 68. The common school fund of this state shall con- common school 
 sist of such sums as will be produced by the annual levy and 
 assessment of two mills upon each dollar's valuation of all the 
 taxable property in the state ; and there is hereby levied 
 and assessed, annually, in addition to the revenue for state 
 
32 
 
 purposes, the said two mills upon each dollar's valuation of 
 all the taxable property in the state, to be collected and 
 paid, and the amount due from the state, according to a state- 
 ment and settlement of the account between the state and 
 that fund, under the provisions of an act entitled "An act 
 to provide for the distribution and application of the inte- 
 rest on the school, college and seminary fund, approved 
 on the seventh of February, one thousand eight hundred 
 and thirty-five, and of all funds which have been or may 
 be received by the State from the United States, for the 
 use and support of common schools ; and also of the mo- 
 ney added to the common school fund, which was received 
 from the United States under an act of Congress providing 
 for the distribution of the surplus revenue of the United 
 States, and which was invested in bank stock by authority 
 of the state, and of the amount added to the school fund 
 under an act requiring the three per cent, fund to be inves- 
 
 Proviso. ted in state bonds : Provided, that in cases where hereto- 
 
 fore the state taxes have not been collected in any county, 
 such county shall not be entitled to a distribution of the col- 
 lege, seminary and school fund for the period of time that 
 no such taxes have been collected, and that the portion of 
 the fund aforesaid shall in such cases be distributed without 
 regard to such county. 
 
 interest l ° pay § ^9. The state shall pay an interest of six per cent, per an- 
 num upon the amount of the aforesaid common school funds, 
 except on so much thereof as may be realized from the 
 levy of the tax directed to be levied under the provisions 
 of this act, which shall be paid annually, and applied to 
 the support of common schools, as herein provided. The 
 state shall also pay, as aforesaid, and at the same time, an 
 interest of six per centum per annum upon the amount due 
 the college and seminary fund; which interest shall be 
 loaned to the common school fund, and known in this law 
 and applied in all cases as interest on the common school 
 fund as aforesaid. 
 
 Duty of auditor. § 70. On the first Monday in January, in each and 
 every year next after taking the census of the state, the 
 auditor of public accounts shall, under the supervision of the 
 commissioner of the school fund of the state, ascertain the 
 number of white children in each county in the state under 
 twenty years of age, and shall thereupon make a dividend 
 to each county of two-thirds the stun from the tax levied and 
 collected under the provisions of the sixty-eighth section of 
 this act ; and the interest due on the school, college and 
 seminary fund, in proportion to the number of white chil- 
 dren in each county under the age aforesaid ; and of the re- 
 maining one-third, in proportion to the number of town- 
 ships and parts of townships in each county, and issue his 
 warrant to the superintendent of schools of each county 
 upon the collector thereof. And upon presentation of said 
 
33 
 
 warrant by the county superintendent to the collector of 
 his county, said collector or treasurer shall pay over to the 
 county superintendent the amount of said warrant out of 
 the first specie funds which may be collected by him, and 
 not otherwise appropriated by law, taking said superintend- 
 ent's receipt therefor ; and on settlement with the auditor 
 said collector shall be credited with the amount specified in 
 said receipt, in the same manner as if it had been paid into 
 the treasury. Dividends shali be made as aforesaid, ac- 
 cording to the proportions ascertained to be due to each 
 county, annually thereafter, until another census shall have 
 been taken, and then dividends shall be made and continued 
 as aforesaid, according to the last census : Provided, that if Proviso, 
 any collector shall fail or refuse to pay, in gold or silver, 
 the amount of the aforesaid warrant, or any part thereof, by 
 the first day of March, annually, or so soon thereafter as it 
 may be presented, it shall be competent for the county su- 
 perintendent to proceed against said collector and his se- 
 curities, in an action of debt, in the county court ; which 
 court is hereby vested with full power and authority to hear 
 and determine all such suits, render judgment, and issue 
 execution ; or said suits may be brought in any court having 
 jurisdiction ; and the said collector shall pay twelve per 
 centum, to be assessed as damages, upon the amount due, 
 and which shall be included in the judgment obtained 
 against him. 
 
 COMPENSATION OF OFFICERS. 
 
 § 71. Collectors of the two mill tax, authorize under compensation 
 section sixty-eight (68) of the act of which this act is amend- of county°super- 
 atory, shall be entitled to ouly two per cent, on the amount mtendeiltB - 
 collected by them. County superintendents shall be al- 
 lowed to retain, out of the township funds of the township 
 for which the services may be rendered, three per cent, 
 upon the amount of sales of school lands, and upon the real 
 estate taken for debt, for their services in making such sales, 
 including such other services, connected therewith, as are 
 required by the provisions of this act and the act of which 
 this act is amendatory ; and two per cent, they may retain 
 upon the amount of all sums distributed, paid or loaned out 
 by them for the support of schools. And for their services 
 as county superintendents of schools, including the duties 
 enjoined by the sixth [twentieth] section of this act, they 
 shall be entitled to receive* three dollars per day for any 
 number of days not exceeding two hundred in any one year ; 
 which account shall be certified and sworn to by the county 
 superintendent, and shall be paid semi-annually, from the 
 county treasury. County courts and boards of supervi- 
 sors are also authorized to make additional appropriations 
 to county superintendents for their services, if deemed pro- 
 
 *See amendment, sec. 1, p. 43. 
 
 —5 
 
 Per diem. 
 
 Appropriations 
 for institutes. 
 
34: 
 
 per, and also for the maintenance and encouragement of 
 county teachers' institutes, for the improvement and benefit 
 of the teachers of common schools in their respective coun- 
 ties. 
 
 § 72. Township treasurers shall be allowed to retain 
 of ° m township two per cent, upon all sums paid out or loaned by them,in- 
 treaeurers. eluding moneys raised by virtue of any district tax". County 
 treasurers shall not be entitled to any commissions upon 
 school taxes collected and paid over to them by county or 
 township collectors, any law of this state to the contrary 
 notwithstanding. Boards of township trustees shall, and 
 As clerks. it is hereby made their duty to make a reasonable allow- 
 ance, annually, to said treasurers, for their services per- 
 formed as clerks of said boards, to be paid out of the town- 
 Exemption, ship funds. County superintendents, trustees of schools, 
 school directors, and all other school officers, shall be ex- 
 empted from working on roads and military duty. 
 
 LIABILITIES OF OFFICERS. 
 
 Liabilities 
 officers. 
 
 Liability of 
 trustees. 
 
 f § 73. 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 convert any such 
 funds, or any portion thereof, to his own use, he shall be 
 liable to indictment, and upon conviction shall be fined in not 
 less than double the amount of money converted, and im- 
 prisoned in the county jail not less than one or more than 
 twelve months at the discretion of the court. 
 
 74. Trustees of schools shall be liable, jointly and 
 severally, for the sufficiency of securities taken from town- 
 ship treasurers ; and in case of judgment against said treas- 
 urers and their securities, for or on account of any default of 
 any such treasurer, on which the money shall not be made 
 for want of sufficient property whereon to levy execution, 
 actions on the case may be maintained against said trus- 
 tees jointly or severally, and the amount not collected on 
 said judgment shall be recovered with costs : Provided, that 
 if said trustees can show, satisfactorily, that the security 
 taken from the treasurer as aforesaid was, at the time of 
 said taking, good and sufficient, they shall not be liable as 
 aforesaid. 
 Lien upon real § f5. The real estate of county superintendents, of 
 estate from aate township treasurers, and all other school officers, and of 
 the securities of each of them, shall be bound for the satis- 
 faction and pavment of all claims and demands against said 
 superintendents and treasurers and other officers, as such, 
 from the date of issuing process against them, in actions or 
 suits brought to recover such claims or demands, until satis- 
 faction thereof be obtained : and no sale or alienation of real 
 
 Proviso. 
 
 of process. 
 
35 
 
 estate by any superintendent, treasurer or other officer, or 
 security aforesaid, shall defeat the lien created by this sec- 
 tion, but all and singular such real estate held, owned or 
 claimed as aforesaid, shall be liable to be sold in satisfaction 
 of any judgment which may be obtained in such actions or 
 suits. 
 
 § 76. Trustees of schools, or either of them, failing or ma £fr£tura8 to 
 refusing to make returns of children in their township, ac- 
 cording 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 ten dollars, nor 
 more than one hundred dollars, to be recovered by action of 
 assumpsit, before any~justice of the peace of the county ; 
 which penalty, when collected, shall be added to the town- 
 ship fund ; and if any county superintendent, director or 
 trustee, or either of them, or other officer whose duty it is, 
 shall negligently or willfully fail or refuse to make, furnish 
 or communicate the statistics and information, or shall fail 
 to discharge the duties enjoined upon them, or either of 
 them, at the time and in the manner required by the provi- 
 sions of this act, such delinquent or party offending shall be 
 liable to a fine of twenty-five dollars, to be recovered before 
 any justice of the peace, on information, in the name of the 
 people of the state of Illinois, and when collected shall be 
 paid to the county superintendent of the proper county, for 
 the use of schools. 
 
 § 77. County superintendents, trustees of schools, di- Aiiofficersre- 
 rectors and township treasurers, or either of them, and any " 
 other officer having charge of school funds or property, shall 
 be responsible for all losses sustained by any county, town- 
 ship or school fund, by reason of any failure on his or their 
 part to perform the duties required of him or them by this 
 act, or by any rule or regulation authorized to be made by 
 this act; and each and every of the officers aforesaid shall 
 be liable for any such loss sustained as aforesaid, and the 
 amount thereof may be recovered in a civil action before 
 any court having jurisdiction thereof, at the suit of the state 
 of Illinois, for the use of the county, township or fund in- 
 jured; and the amount, when collected, shall be paid to the 
 proper officer, for the benefit of said county, township or 
 fund injured. 
 
 COSTS, TENURE OF OFFICERS AND CONTRACTS UNDER FORMER 
 
 LAWS. 
 
 § 78. No justice of the peace, probate justice, constable, No cost to be 
 clerk of any court or sheriff, shall charge any costs in tain^cases. 
 any suit where any agent of any school fund, suing for the 
 recovery of the same, or any interest due thereon, is plain- 
 tiff, and shall be, from any cause, unsuccessful in such suit. 
 County superintendents appointed heretofore shall continue 
 
 sponsible. 
 
36 
 
 in office until superseded, according to the provisions of this 
 act, and their duties, responsibilities and powers shall be 
 Term of office, governed by the provisions herein named. Trustees of school 
 lands heretofore appointed, and trustees of schools heretofore 
 elected, shall also continue to discharge the duties of their 
 office until trustees of schools are elected under tb.e provi- 
 sions of this act. Townships heretofore incorporated shall, 
 without any further action or proceeding, be considered as 
 incorporated under- the provisions of this act ; and the trus- 
 tees and other officers shall continue to discharge their du- 
 ties till suspended by appointment or election under this 
 law ; and all school directors and officers heretofore ap- 
 pointed shall continue in office until superseded by the elec- 
 tion, as provided in this act, and shall be governed by the 
 provisions of the laws heretofore in force, unless otherwise 
 Leases remain directed by this act. Leases of school lands shall remain 
 valid and be executed according to the laws under which 
 they were made. Common school lands, valued and offered 
 for sale, and remaining unsold, shall be sold upon terms 
 prescribed by this act. All taxes levied and contracts made 
 under the laws hereby repealed shall remain valid, and all 
 rights, remedies, defenses and causes of action existing, or 
 which may hereafter exist or arise under or by virtue of 
 said repealed l«ws, shall continue and remain valid, and 
 shall be enforced, notwithstanding the repeal of said laws, 
 unless canceled according to the provisions of this act. 
 
 OF CITIES AND INCOKPOBATED TOWNS. 
 
 of cities and § ^9. This act shall not be so construed as to repeal or 
 towns° rated change, in any respect, any special acts in relation to schools 
 in cities or incorporated towns, except that it shall be the 
 duty of the several boards of education or other officers of 
 any city or incorporated town, having in charge schools 
 under the provisions of any of the said special acts, or of 
 any ordinance of any city or incorporated town, on or be- 
 fore the second Monday of October preceding each regular 
 session of the general assembly of this state, or annually, 
 if required so to do by the state superintendent, to make 
 out and render a statement of all such statistics and other 
 information in regard to schools, and the enumeration of 
 children or white persons, as required to be communicated 
 by township boards of trustees or directors under the pro- 
 visions of this act, or so much thereof as may be appli- 
 cable to said city or incorporated town, to the county super- 
 intendent of the county where such city or incorporated 
 town is situated, or of the county in which the larger part 
 of such city or town 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 
 
37 
 
 other officer or person of any township, city or incorpo- 
 rated town, unless a report of the number of children or 
 white persons, and other statistics relative to schools, and a 
 statement of such other information as are [is] required of 
 the boards of trustees or directors, as aforesaid, and of 
 other school officers and teachers under the provisions of 
 this act, shall have been filed at the time or times aforesaid, 
 specified in this section, with the school commissioner of 
 the proper county, as aforesaid. 
 
 § 80. In townships in which there shall be persons of schools of per- 
 color, the board of trustees shall allow such persons a por- 80ns ° f color " 
 tion of the school fund equal to the amount of taxes col- 
 lected for school purposes from such persons of color in 
 their respective townships. 
 
 COMMON SCHOOL LANDS. 
 
 § 81. Section number sizteen in every township granted com'n school 
 to the state by the United States for the use of schools, and landa " 
 such sections and parts of sections as have been or may be section sixteen, 
 granted, as aforesaid,, in lieu of all or part of section num- 
 ber sixteen, and also the lands which have been or may be 
 selected and granted, as aforesaid, for the use of schools, to 
 the inhabitants of fractional townships in which there is no 
 section number sixteen, or where such section shall not 
 contain the proper proportion for the use of schools in such 
 fractional townships, shall be held as common school lands ; 
 and the provisions of this act referring to common school 
 lands shall be deemed to apply to the lands aforesaid. 
 
 § 82. All the business of such townships, so far as re- Penalty f02 . 
 lates to common school lands, shall be transacted in that trespass, 
 county which contains all or a greater portion of said lands. 
 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 an action of debt or assumpsit, before any justice 
 of the peace having jurisdiction of the amount claimed, or 
 in the county or circuit court, either in the corporate name 
 of the board of trustees of the township to which the land 
 belongs, or by action of qui tarn, in the name of any person 
 who will first sue for the same — one-half for the use of 
 the person suing, the other half to the use of the township 
 aforesaid. When two or more persons shall be concerned Two or more, 
 in the same trespass, they shall be jointly and severally 
 liable for the penalty herein imposed. Every trespasser 
 upon common school lands shall be liable to indictment, 
 and, upon conviction, fined in three times the amount of 
 the injury occasioned by said trespass, and shall stand com- 
 
38 
 
 To whom paid, mitted as in other cases of misdemeanor. All penalties 
 and fines collected under the provisions of this section shall 
 be paid to the township treasurer, and be added to the prin- 
 cipal of the township fund. And all other fines, penalties 
 and forfeitures imposed or incurred in any of the courts of 
 record, or before any of the justices of the peace of this 
 state, except fines, forfeitures and penalties incurred or 
 imposed in incorporated towns or cities, for the violation 
 of the by-laws or ordinances thereof, shall, when collected, 
 be paid to the school superintendent of the county wherein 
 such fines, forfeitures and penalties have been imposed or 
 incurred, who shall give his receipt therefor; and the same 
 shall be distributed by said superintendent, annually, in the 
 same manner as the common school funds of the state are 
 at?orn y ey f to at en- distributed ; and it shall be the duty of the state's attorneys 
 force. of the several judicial circuits to enforce the collection of 
 
 all fines, forfeitures and penalties imposed or incurred in 
 the courts of record in their several circuits, and to pay the 
 same over to the school superintendents of the counties 
 wherein the same have been imposed or incurred, retaining 
 therefrom the fees and commissions allowed them by law ; 
 and it shall be the duty of the said justices of the peace to 
 enforce the collection of all fines imposed by them, by any 
 lawful means ; and when collected, the same shall be paid 
 by the officer charged with the collection thereof to the 
 school superintendent of the county in which the same was 
 tke e s k to aT re J ort i m P ose d- Clerks of said courts of record, and justices of 
 under oath. the peace, shall report, under oath, to the school superin- 
 tendent of their respective counties, by the first of March, 
 annually, the amount of such fines, penalties and forfeitures 
 imposed or incurred in their respective courts, and the 
 amount of such fines, forfeitures and penalties collected by 
 them, giving each item separately, and the officer charged 
 with the collection thereof; and said clerks 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, to be recov- 
 ered in a civil action at the suit of the school superintend- 
 Forfeit. e nt of the proper county. For a failure to pay any such 
 
 fines, forfeitures or penalties, on demand, to the person who 
 is by law authorized to receive the same, the officer having 
 collected the same, or having the same in his possession, 
 shall forfeit and pay double the amount of such fine, pen- 
 alty or forfeiture, as aforesaid, 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 school 
 fund of the proper county. 
 
 SALE^OF COMMON SCHOOL LANDS. 
 
 school lands, § 83. "When the inhabitants of any township, or frac- 
 how eoid. ' tional township, shall desire the sale of the common school 
 
39 
 
 land of the township, or fractional township, they shall pre- 
 sent a petition to the county superintendent of the county 
 in which the school lands of the township, or the greater 
 part thereof, lie, for the sale thereof; which petition shall 
 be signed by at least two thirds of the white male inhabi- 
 tants of the township, or fractional township, of and over 
 twenty-one years of age. The signing of the petition must 
 be in the presence of two citizens of the township, after the 
 true meaning thereof shall have been explained ; and when 
 signed, an affidavit shall be affixed thereto by the two citi- 
 zens, proving the signing in the manner aforesaid, and sta- 
 ting the number of white male inhabitants in the township, 
 or fractional township, of and over twenty-one years of 
 age; and said petition, so proved, shall be delivered to the 
 county superintendent for his action thereon : Provided, Proviso, 
 that no whole section shall be sold in any township contain- 
 ing less than two hundred inhabitants ; and common school 
 lands in fractional townships may be sold when the num- 
 ber of inhabitants and number of acres are in the ratio of Ratio, 
 two hundred to six hundred and forty, but not before. 
 
 § 84:. When the petition and affidavits are delivered to Trustees to di- 
 the county superintendent as aforesaid, he shall notify the !$£. laud mto 
 trustees of said township thereof, and said trustees shall im- 
 mediately proceed to divide the land into tracts or lots of 
 such form and quantity as will produce the largest amount 
 of money; and, after making such division, a correct plat Makepiat. 
 of the same shall be made, representing all divisions, with 
 each lot numbered and defined, so that its boundaries may 
 be forever ascertained. Said trustees shall then fix a value valuation, 
 on each lot, having regard to the terms of sale, certify to 
 the correctness of the plat, stating the value of each lot per 
 acre, or per lot, if less than one acre, and referring to and 
 describing the lot in the certificate, so as fully and clearly 
 to distinguish and identify each lot; which plats and 
 certificate shall be delivered to the county superinten- 
 dent, and shall govern him in advertising and selling said 
 lands. 
 
 § 85. In subdividing common school lands for sale, no subdivision, 
 lot shall contain more than eighty acres, and the division 
 may be made into town or village lots, with roads, streets 
 or alleys between them, and through the same ; and all such 
 divisions, with all similar divisions hereafter made, are 
 hereby declared legal, and all such roads, streets and alleys, 
 public highways. 
 
 § 86. The terms of selling common school lands shall Terms of sale, 
 be to the highest bidder, for cash, with the privilege to each 
 purchaser of borrowing from the county superintendent the 
 amount of his bid, for any period not less than one or more 
 than five years, upon his paying interest and giving secu- 
 rity, as in case of money loaned by township treasurer, as 
 provided in this act. 
 
40 
 
 Place of sale. 
 
 Notices . 
 
 Manner of sale. 
 
 Payment to 
 be secured or 
 lands resold. 
 
 Unsold lands. 
 
 § 87. The place of selling common school lands shall 
 be at the court house of the county in which the lands are 
 situated ; or the trustees of schools may direct the sale to 
 be made on the premises ; and upon the reception by the 
 county superintendent of the plat and certificate of valuation 
 from the trustees, he shall proceed to advertise the said land 
 for sale in lots, as divided and laid off by said trustees, by 
 posting notices thereof in at least six public places in the 
 county, forty days next anterior to the day of sale, describ- 
 ing the land and stating the time, terms and place of sale ; 
 and if any newspaper is published in said county, said ad- 
 vertisement shall be printed therein, for four weeks before 
 the day of sale — if none, then it shall be sold under the 
 notice aforesaid. 
 
 § 88. Upon the day appointed, the county superinten- 
 dent shall proceed to make sales as follows, viz : He shall 
 begin at the lowest number of lots, and proceed regularly 
 to the highest, till all are sold or offered. No lot shall be 
 sold for less than its valuation by the trustees. Sales shall 
 be made between the hours of ten o'clock, a. m., and six 
 o'clock, p. m., and may continue from day to day. The lots 
 shall be cried separately, and each lot cried long enough to 
 enable any one present to bid who desires it. 
 
 § 89. Upon closing the sales, each day, the purchasers 
 shall each pay or secure the payment of the purchase mon- 
 ey, according to the terms of sale ; or in case of his failure 
 to do so by ten o'clock the succeeding day, the lot purchased 
 shall be again offered at public sale, on the same terms as be- 
 fore, and if the valuation or more shall be bid, shall be strick- 
 en off"; but if the valuation be not bid, the lot shall be set 
 down as not sold. If the sale is or is not made, the former 
 purchaser shall be required to pay the difference between his 
 bid and the valuation of the lot ; and in case of his failing to 
 make such payment, the county superintendent may forth- 
 with institute an action of debt or assumpsit, in his name, 
 as superintendent, for the use of the inhabitants of the town- 
 ship where the land lies, for tbe 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 theHownship fund. And if the amount claimed does 
 not exceed one hundred dollars, the suit may be instituted 
 before a justice of the peace ; but if more than that sum, 
 then in the circuit court of any county wherein the party 
 may be found. 
 
 § 90. All lands sold at public sale, as herein provided 
 for, shalUbe subject to sale at any time thereafter, at the 
 valuation ; and county superintendents are authorized and 
 required, when in their power, to sell all such lands at pri- 
 vate sale, upon the terms at which they are offered at public 
 sale. 
 
41 
 
 § 91. In all cases where common school lands have unsold lands 
 been heretofore valued, and have remained unsold for two t0 be re vaiued - 
 years, after having been offered for sale, or shall hereafter 
 remain unsold for that length of time, after being valued 
 and offered for sale in conformity to this act, the trustees 
 of schools where such lands are situated may vacate the 
 valuation thereof, by an order to be entered in book A, of 
 the county superintendent, and cause a new valuation to 
 be made, if, in their opinion, the interests of the township 
 will be promoted thereby. They shall make said second 
 valuation in the same manner as the first was made, and 
 shall deliver to the county superintendent a plat of such 
 second valuation, with the order of vacation to be entered 
 as aforesaid ; whereupon said county superintendent shall 
 proceed in selling said lands in all respects as if no former 
 valuation had been made : Provided^ that the second valu- p i - °viso. 
 ation may be made by the trustees of schools, without peti- 
 tion, as provided in this act. 
 
 § 9 J. Upon the completion of every sale by the pur- certificate of 
 chaser, the county superintendent shall enter the same on deUvered. ° 
 book B, and shall deliver to the purchaser a certificate of 
 purchase, stating therein the name and residence of the 
 purchaser, describing the land and the price paid therefor; 
 which certificate shall be evidence of the facts therein stated. 
 
 § 93. At the first regular term of the county court in snpermtend- 
 each year, the county superintendent shall present to the sen-. Statement 
 court of his county: First, a statement showing the sales ofsales - 
 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, statements of the amount of money Moneys, 
 received, paid, loaned out and on hand, belonging to each 
 township or fund under his control — the statement of each 
 fund to be separate; third, statements copied from his loan 
 book (book C), showing all the facts in regard to loans Pacts, 
 which are required to be stated upon the loan book; all of 
 which the county court shall thereupon examine and com- 
 pare with the vouchers ; and the said county court, or so 
 many of them as may be present at the term of tlie court, 
 shall be liable, individually, to the fund injured, and to the 
 securities of said county superintendent, in case judgment 
 be recovered of said securities, for all damages occasioned 
 by a neglect of the duties, or any of them, required of them 
 by this section : Provided^ nothing herein contained shall Provi80 - 
 be construed to exempt the securities of said county super- 
 intendent from any liability as such securities, but they 
 shall still be liable to the fund injured, the same as if the 
 county superintendents were not liable. 
 
 § 9i. The county superintendent shall, also, at the time Transcript to 
 aforesaid, transmit to the auditor of public accounts a full auditor. 
 and exact transcript, from book B, of all the sales made 
 subsequent to each report. The statement required to be 
 —6 
 
42 ' ZIZ'IZ 
 
 presented to the county court shall be preserved, and copied 
 by the clerk of said court into a well-bound book, kept for 
 that purpose ; and the list transmitted to the auditor shall 
 be filed, copied and preserved in like manner. 
 
 purchaser to § 95. Every purchaser of common school land shall be 
 receive patunt. ent i t i ec i to a patent from the state, conveying and assuring 
 the title. Patents shall be made out by the auditor, from 
 returns made to him by the county superintendent. They 
 shall contain a description of the land granted, and shall 
 be in the name of and signed by the governor, counter- 
 signed by the auditor, with the great seal of the state affixed 
 thereto by the secretary of state, and shall operate to vest 
 in the purchaser a perfect title in fee simple. When pat- 
 ents 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 certifi- 
 cate of purchase ; which certificate, when returned, shall 
 be filed and preserved by the county superintendent. 
 
 Duplicate copy § 96. Purchasers of common school lands, and their 
 now obtained. ;h e j rs anc } assigns, may obtain duplicate copies of their cer- 
 tificates of purchase and of patents, upon filing affidavit 
 with the county superintendent in respect to certificates, 
 and with the' auditor in respect to patents, proving the loss 
 or destruction of the originals; and such copies shall have 
 all the force and effect of the originals. 
 
 ACTS REPEALED — PUBLICATION AND DISTRIBUTION OF TEE ACT. 
 
 Acta repealed. § 97. An act entitled "An act to establish and maintain 
 common schools," approved February 12th, 1849, and an 
 act to amend said act, approved February 12th, 1851, and 
 an act entitled "An act to increase the school fund," ap- 
 proved February 10th, 1853, and all other acts and parts 
 of acts coming in conflict with the provisions of this act, 
 are hereby repealed. This act to be in force from and after 
 its passage. 
 
 § 98. " The public printer is hereby required to print 
 fifty thousand copies of the whole act as amended, under 
 the direction of the superintendent of public instruction, 
 and to be dictributed by him to the several counties of the 
 state according to population. 
 
 Approved February 22, 1861. 
 
 [The last section to the amendatory act is as follows :] 
 
 § 29. All acts and parts of acts coming in conflict with 
 the provisions of this act are hereby repealed. This act 
 shall take effect and be in force from and after its passage. 
 
 Approved February 16, 1865. 
 
43 
 
 AN ACT to repeal so much of the school law as exempts school officers 
 from serving on juries in courts of record. 
 
 Section 1. Be it enacted by the People of the State of 
 Illinois, represented in the General Assembly, That so much 
 of section seventy two of an act entitled "An act to estab- Actsrepeaied. 
 lish and maintain a system of free schools," approved Feb- 
 ruary 16, 1857, as exempts school officers from serving on 
 juries in courts of record in this state, is hereby repealed. 
 
 § 2. This act shall take effect from and after its passage. 
 
 Approved February 16, 1865. 
 
 AN ACT to amend an'aet entitled "An act to establish and maintain a system 
 of free schools in the state of Illinois, "approved February 16, 1865. 
 
 Section 1. Be it enacted by the People of the State of 
 Illinois, represented in the General Assembly, That in order 
 to enable county superintendents of schools to discharge their Pay of coant y 
 duties with greater efficiency, they shall be entitled, in lieu superintendeLts 
 of the per diem now allowed by law, and exclusive of com- 
 missions, to be paid semi-annually from the county treasury 
 of their respective counties, as compensation for their ser- 
 vices, the sum of five dollars per day for services actually 
 rendered : Provided, That the provisions of this section 
 shall not apply to Cook county. 
 
 § 2. The clerk of each board of school directors shall District reports, 
 report to the township treasurer of tbeproper township, on 
 or before the first Monday of October, annually, such sta- 
 tistics and other information in relation to the schools of 
 their respective districts as the township treasurer is bound 
 to embody in his report to the county superintendent, and 
 the particular statistics to be so reported shall be determined 
 and designated by the state superintendent of public in- 
 struction. 
 
 § 3. "When a school is composed of pupils from differ- 
 ent townships, the teacher shall, in all cases, be paid by the 
 treasurer of the township in which the school is taught, and 
 the duty of collecting the amount due from the other town- 
 ships shall devolve upon the directors. 
 
 § 4. All returned soldiers, who, during the late war, en- Returned soi- 
 tered the army while in their minority, shall be allowed to diers * 
 attend, free, any public school in the district where they 
 severally reside, for a time equal to the portion of their 
 minority spent in the military service of the United States. 
 
 § 5. All acts and parts of acts in conflict with the pro- 
 visions of this act, are hereby repealed. This act shall take 
 effect and be in force from and after its passage. 
 
 Approved February 28, 1867. 
 
44 
 
 AN ACT to amend the school law. 
 
 Section 1. Be it enacted by the People of the State of 
 Illinois, represented in the General Assembly, That the elec- 
 Time ofeiec- tion of trustees of schools shall be on the second Monday of 
 and toectorsf 8 April, annually: Provided, That in counties under town- 
 ship organization, the election of trustees in each, and every 
 township whose boundaries coincide and are identical with 
 those of the town as established under the township organi- 
 zation laws, shall be on the day of the stated annual town 
 meeting. The annual election of school directors shall be 
 on the first Monday of April. 
 Schedules to §2. Teachers of public schools are hereby authorized to 
 j>e made month- ma k e ou ^ their schedules monthly, and upon the presenta- 
 tion of said schedules, duly certified by the directors, it shall 
 be the duty of township treasurers to pay the same, out of 
 any funds in their hands belonging to the respective dis- 
 tricts from which said shedules are returned. 
 Lawfni to § 3. When the German, French, or other modern lan- 
 speak erman, g Ua ^ e j g taught in a public school, it shall be lawful for the 
 teacher thereof, to employ .or use said German or other 
 modern language as the medium of communication in 
 teacbing the same, to the end that the colloquial forms of 
 such language, and facility in the use thereof, may the more 
 quickly and thoroughly be acquired by the pupils. 
 Teachers at- § 4. When a teachers' institute is held in a county, 
 tute nit to m iose school directors shall allow their teachers to attend such in- 
 time, stitute, if they desire to attend, and no reduction of pay or 
 loss of time shall be incurred by the teachers so attending, 
 for the number of days during which they were in actual 
 attendance upon such institute, as certified by the county 
 superintendent of schools : Provided, That when such in- 
 stitute is held during a term of school, such leave of absence 
 shall not be granted more than once during any one period, 
 of six months, nor for more than one week at any one time, 
 school month. § 5. The school month in this state shall be the same as 
 the calendar month, excluding the Saturdays and Sundays, 
 and lawful holidays. The lawful holidays shall be the 
 Fourth of July; from Christmas to New Year's day, both 
 inclusive; and all thanksgiving or fast days appointed by 
 state or national authority ; and teachers shall, not be re- 
 quired to teach on such holidays, nor to make up the time. 
 § 6. The provisions of all acts and parts of acts incon- 
 sistent with this act are hereby repealed. This act shall be 
 in force from and after its passage. 
 Approved March 30, 1869. 
 
45 
 
 AN ACT relating to assessments and taxation in school districts. 
 
 Section 1. Be it enacted by the People of the State of 
 Illinois, represented in the General Assembly, That it shall. Duty of assessor 
 be the duty of town assessors, when making assessments 
 of personal propeity. to designate the number of the school 
 district in which each person so assessed resides ; which 
 designation shall be made by writing the number of such 
 district opposite each person's assessment of personal pro- 
 perty, in a column provided for that purpose in the assess- 
 ment roll returned by the assessor to the county clerk. 
 
 § 2. It shall be the duty of the county clerk to copy of county clerk, 
 said numbers of school districts, as returned by the assessor, 
 into the collector's book, and to extend the school tax on 
 each person's assessment of personal property according to 
 the rate designated by the directors of the school district 
 in which such person resides. 
 
 § 3. It is hereby made the duty of the proper officers, Blank books, 
 in preparing blank books and notices for the use of assess- 
 ors, to provide columns and blanks for the use of assessors, 
 as above described. 
 
 § 4. This act to take effect and be in force from \ and 
 after its passage. 
 
 Approved March 29, 1869. 
 
 AN ACT concerning reports of school officers, and of incorporated institu- 
 tions of learning. 
 
 Section 1. Be it enacted by the People of the State of 
 Illinois, represented in the General Assembly, That the 
 annual reports now required by law of school directors to ^, e e p °ent~" tim0 
 shall be made on or before the first Monday of August, the 
 reports of township trustees on or before the second Monday 
 of August, and the reports of county superintendents on or 
 before the second Monday of September. 
 
 $ 2. It shall also be the duty of the president, princi- Reports from 
 
 -i" ,i «. r> j • •. literary Jnstitu- 
 
 pal, or other proper officer oi every organized university, tions. 
 college, seminary, academy, or other literary institution, 
 heretofore incorporated or hereafter to be incorporated in 
 this state, to make out or cause to be made out and for- 
 warded to the office of the superintendent of public instruc- 
 tion, on or before the 15th day of September in each year, T ^ sent 
 a report setting forth the amount and estimated value of *" 
 real estate owned by the corporation, the amount of other 
 funds and endowments, and the yearly income from all 
 sources, the number of instructors, the number of students 
 
4:6 
 
 in the different classes, the studies pursued and the books 
 used, the course of instruction, the terms of tuition, and 
 such other matters as may be specially requested by said 
 superintendent, or as may be deemed proper by the presi- 
 dent or principal of such institutions, to enable the superin- 
 tendent of public instruction to lay before the legislature a 
 fair and full exhibit of the affairs and condition of said 
 institutions, and of the educational resources of the state. 
 
 § 3. The provisions of all act9 or parts of acts incon- 
 sistent with this act are hereby repealed. This act shall 
 be in force from and after its passage. 
 
 Approved March 29, 1869. 
 
 AN ACT to enable counties to establish County Normal Schools. 
 
 Section 1. Be it enacted by the People of the State of 
 
 Illinois, represented inihe General Assembly, That in each 
 
 By whom es- county adopting township organization, the board of super- 
 
 tabnshed. visors, and in other counties the county court, may establish 
 a county normal school for the purpose of fitting teachers 
 for the common schools. That they shall be authorized to 
 
 Powers. 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 cor- 
 porations, any real estate, buildings or other property, for 
 the use of said schools — said taxes to be levied and col- 
 lected as all other county taxes : Provided, that, in coun- 
 ties 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 
 
 To be voted for, the people, at a general election, and it shall appear that a 
 majority of all the votes cast on the subject at said election 
 shail 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." 
 
 Management. § 2. The management and control of said schools shall 
 
 be in a county board of education, consisting of not less 
 
 than five nor more than eight persons, of which board the 
 
 county board chairman of the board of supervisors or the judge of the 
 
 of education. coun tj court, as the case may be, and the county superin- 
 tendent of schools, shall be ex officio members. The other 
 members shall be chosen by the board of supervisors or 
 county court, and shall hold their offices for the term of 
 
 Election. three years. But at the . first election one-third shall be 
 
47 
 
 chosen for one year, one-third for two years, and one-third 
 for three years ; and thereafter one-third shall be electee! 
 annually. Said elections shall be held at the annual meet- 
 ing of the board of supervisors in September, or at the 
 September term of the county court, as the case may be. 
 
 § 3. Said board of education shall have power to hire powersofsaid 
 teachers, and to make and enforce all needful rules and board - 
 regulations for the management of said schools. A ma- 
 jority of said board shall constitute a quorum for the trans- 
 action of business; and a meeting of said board may be 
 called at any time by the president or secretary, or by any 
 three of the members thereof. Said board shall proceed 
 to organize, within twenty days after their appointment, by 
 electing a president, who shall hold his office for one year, 
 and until his successor shall be appointed. The county 
 superintendent shall be, ex officio, secretary of the board. 
 Said board shall make to the board of supervisors, at their 
 annual meeting in September, or to the county court at the 
 September term, as the case may be, a full report of the 
 condition and expenditures of said county normal school, 
 together with an estimate of the expenses of said school 
 for the ensuing year. 
 
 § 4. Two or more counties may unite in establishing a Two counties 
 normal school, in which case the per cent, of tax levmd ^y^e- 
 for the support of said school shall be the same in each 
 county. 
 
 § 5. In all counties that have already established nor- To legalize 
 mal schools, the action of the board of supervisors in so established?'" 1 ^ 
 doing, and all appropriations made by them for their sup- 
 port, are hereby legalized ; and said boards of supervisors 
 are hereby authorized and empowered to make further ap- 
 propriations for the support of such schools already estab- 
 lished, until such schools shall have been established under 
 the previous sections of this act. 
 
 § 6. jSTo member of the aforesaid county board of edu- 
 cation shall be entitled to compensation for services ren- 
 dered as a member of such board. 
 
 § 7. This act shall be in force from and after its passage. 
 
 Approved March 15, 1809. 
 
 AN ACT for the establishment and maintenance of a Normal University, in force Feb. IS 
 
 1850. 
 
 Section 1. Be it enacted by the Peojile of the State of 
 Illinois, represented in the General Assembly, That 0. B. 
 Denio, of J o Daviess county, Simeon Wright, of Lee county, Corporators. 
 Daniel Wilkins, of McLean county, C. E. Ilovey,of Peoria 
 county, George P. Rex, of Pike county, Samuel ~W. Moul- 
 ton, of Shelby county, John Gillespie, of Jasper county, 
 
48 
 
 GLecrge Bunsen, of St. Clair county, Wesley Sloan, of 
 Pope county, Niniaft "W. Edwards, of Sangamon county, 
 John Eden, of Moultrie count}', Flavel Moseley, of Couk 
 county, William H. Wells, of Cook county, Albert E. Shan- 
 non, of White county, and the superintendent of public 
 instruction, exofficio, with their associates, who shall be 
 elected as herein provided, and their successors, are hereby 
 style. created a body corporate and politic, to be styled "The 
 
 Board of Education of the State of Illinois," and by that 
 name and style shall have perpetual succession, and have 
 Generaipowers. power to contract and be contracted . with, to sue and be 
 _sued, to plead and be impleaded, to acquire, hold and con- 
 vey real and personal property ; to have and use a common 
 seal, and to alter the same at pleasure ; to make and estab- 
 lish by-laws, and alter or repeal the same as they shall 
 deem necessary for the government of the normal univer- 
 sity hereby authorized to be established, or any of its 
 departments, officers, students or employees, not in conflict 
 with the constitution and laws of this state, or of the United 
 States ; and to have and exercise all powers, and be sub- 
 ject to all duties usual and incident to trustees of corpora- 
 tions. 
 Superintendent. § 2. The superintendent of public instruction, by virtue 
 of his office, shall be a member and secretary of said board, 
 and shall report to the legislature at its regular sessions the 
 condition and expenditures of said normal university, and 
 communicate such further information as the said board of 
 education or the legislature may direct. 
 Members not § 3. No member of the board of education shall receive 
 pennon. com " any compensation for attendance on the meetings of the 
 board, except his necessary traveling expenses, which shall 
 be paid in the same manner as the instructors employed in 
 the said normal university shall be paid. At all the stated 
 and other meetings of the board, called by the president or 
 secretary, or any five members of the board, five members 
 shall constitute a quorum, provided all shall have been duly 
 notified, 
 object of asso- § 4. The objects of the said Normal University shall be 
 ciadon. j. Q q na ][fj teachers for the common schools of this state, by 
 
 imparting instruction in the art of teaching, in all branches 
 of study which pertain to a common school education, in 
 the elements of the natural sciences, including "agricultural 
 chemistry, animal and vegetable physiology, in the funda- 
 mental laws of the United States and the state of Illinois, 
 in regard to the rights and duties of citizens, and such other 
 studies as the board of education may, from time to time, 
 prescribe. , 
 
 Time of meet- § 5. The board of education shall hold its first meet- 
 education 1111 ot ™& at ^ ie °^ ce °f tne superintendent of public instruction, 
 on the first Tuesday in May next, at which meeting they 
 shall appoint an agent, fixing his compensation, who shall 
 
49 
 
 visit the cities, villages and other places in the state which 
 may be deemed eligible for the purpose, to receive donations 
 and proposals for the establishment and maintenance of the 
 normal university. The board shall have power, and it 
 shall be their duty, to fix the permanent location of said 
 normal university at the place where the most favorable 
 inducements are offered for that purpose: Provided, that 
 such location shall not be difficult of access, or detrimental 
 to the welfare and prosperity of said normal university. 
 
 § 6. The board of education shall appoint a principal, . Appoint prin. 
 Jecturer on scientific subjects, instructors and instructresses, rer. 
 together with such officers as shall be required in the said 
 normal university, fix their respective salaries, and pre- 
 scribe their several duties. They shall also have power to 
 remove any of them for proper cause, after having given ten 
 days' notice of any charge which may be duly presented, 
 and reasonable opportunity for defence. They shall also Textbooks, 
 prescribe the text-books, apparatus and furniture to be used 
 in the university, and provide the same ; and shall make 
 all regulations necessary for its management. And the . Provide auxi- 
 board shall have the power to recognize auxiliary institu- x 
 tions when deemed practicable : Provided, that such auxili- 
 ary institutions shall not receive an appropriation from the 
 treasury, or the seminary or university fund. 
 
 § 7. Each county within the state shall be entitled to Each county 
 gratuitous instruction for one pupil in said normal univer- tuitous instfuc- 
 sity ; and each representative district shall b"e entitled to tlon for pupi's. 
 gratuitous instruction for a number of pupils equpl to the 
 number of representatives in said district, to be chosen in 
 the following manner. The county superintendent in each Application of 
 county shall receive and register the names of all applicants pupUs * 
 for admission in said normal university, and shall present 
 the same to the county court, or, in counties acting under 
 township organization, to the board of supervisors, as the 
 case may be; shall, together with the county superintend- 
 ent, examine all applicants so presented, in such a manner 
 as the board of education may direct, and from the number 
 of such as shall be found to possess the requisite qualifica- 
 tions, such pupils shall be selected by lot; and in repre- selected bj lot. 
 sentative districts composed of more than one county, the 
 county superintendent and county judge, or the county su- 
 perintendent and chairman of the board of supervisors in 
 counties acting under township organization, as the case 
 may be, of the several counties composing such representa- 
 tive district, shall meet at the clerk's office of the county 
 court of the oldest county, and from the applicants so pre- 
 sented to the county court or board of supervisors of the 
 several counties represented, and found to possess the re- 
 quisite qualifications, shall select by lot the number of pu- 
 pils to which said district is entitled. The board of educa- ^g^^ation 
 tion shall have the discretionary power, if any candidate 
 —7 
 
50 
 
 Appropriation. 
 
 Term of office. 
 
 Vacancies 
 how filled. 
 
 Elect president, 
 
 Appointment 
 of treasurer- 
 
 does not sign and file with the secretary of the board a 
 declaration that he or she will teach in the public schools 
 within the state, in case that engagements can be secured by 
 reasonable efforts, to require such candidate to provide for 
 the payment of such fees for tuition as the board may pre- 
 scribe. 
 
 § S. The interest of the university and seminary fund, 
 or such part thereof as may be found necessary, shall be 
 and is hereby appropriated for the maintenance' of said 
 normal university, and shall be paid on the order of the 
 board of education from the treasury of the state ; but in 
 no case shall any part of the interest of said fund be applied 
 to the purchase of sites, or for buildings for said university. 
 
 § 9. The board shall have power to appropriate the one 
 thousand dollars received from the Messrs. Merriam, of 
 Springfield, Massachusetts, by the late superintendent, to 
 the purchase of apparatus for the use of the normal uni- 
 versity, when established ; and hereafter, all gifts, grants 
 and demises which may be made to the said normal univer- 
 sity shall be applied in accordance with the wishes of the 
 donors of the same. 
 
 § 10. The board of corporators herein named, and their 
 successors, shall each of them hold their office for the term of 
 six years : Provided, that at the first meeting of said board, 
 the said corporators shall determine, by lot, so that one- 
 third shall hold their office for two years, one-third for four 
 years,' and one-third for six years. The governor, by and 
 with the advice and consent of the senate, shall fill all va- 
 cancies which shall at any time occur in said board, by 
 appointment of suitable persons to fill the same. 
 
 § 11. At the first meeting of the board, and at each 
 biennial meeting thereafter, it shall be the duty of said 
 board to elect one of their number president, who shall 
 serve until the next biennial meeting of the board, and 
 until his successor is elected. 
 
 § 12. At each biennial meeting it shall be the duty of 
 the board to appoint a treasurer, who shall not be a member 
 of the board, and who shall give bond, with such security 
 as the board may direct, conditioned for the faithful dis- 
 charge of the duties his office. 
 
 § 13. This act shall take effect on and after its passage, 
 and be published and distributed as an appendix to the 
 school law. 
 
 Approved February 18, 1857. 
 
51 
 
 AN ACT entitled "An act supplementary to the acts heretofore passed in i n f orce March 
 relation to the Normal University." lu, 1S69. 
 
 Section 1. Be it enacted by the People of the State of 
 Illinois, represented in the General Assembly, That, in acldi- Additional 
 tion to the sum now appropriated by law for the inainte- appropriations, 
 nance of the normal university, and expended for salaries of 
 professors in the university and for the current expenses of 
 the institution, the sum of nine thousand dollars be and the 
 same is hereby appropriated to supply deficiences in the 
 salaries of professors and teachers and in the current expen- 
 ses of the university ; said sum to be annually paid at the 
 commencement ol each year, beginning with the year 1869, 
 by the treasurer of the state, upon the warrant of the auditor 
 
 of public accounts. 
 
 ****** 
 
 Apf roved March 10, 1869. 
 
 [The remainder of the provisions of this act, being of a special and teml 
 porary character, do not properly belong in this compilation of the schoo 
 laws.— iV. £.] 
 
 SOUTHERN ILLINOIS NORMAL UNIVERSITY. 
 AN ACT to establish and maintain the Southern Illinois Normal University. 
 
 Section 1. Be it enacted by the People of the State of 
 Illinois, represented in the General Assembly, That a body 
 politic and corporate is hereby created, by the name of 
 the Southern Illinois Normal University, to have perpetual Name, 
 succession, with power to contract and be contracted with, 
 to sue and be sued, to plead and be impleaded, to receive, 
 by any legal mode of transfer or conveyance, property of General powers. 
 any description, and to have, hold and enjoy the same, with 
 the rents and profits thereof, and to sell and convey the 
 same ; also, to make and use a corporate seal, with power 
 to break or change the same, and to adopt by-laws, rules and 
 regulations for the government cf its members, officers, 
 agents and employees: Provided, such by-laws shall not proviso, 
 conflict with the constitution of the United States or of this 
 state. 
 
 § 2. The objects of the said Southern Illinois Normal objects. 
 University shall be to qualify teachers for the common 
 schools of this state by imparting instruction in the art of 
 teachino; in all branches of study which pertain to a com- 
 mon school education, in the elements of the natural 
 sciences, including agricultural chemistry, animal and vege- 
 
52 
 
 Powers vested 
 in trustees. 
 
 Appointment 
 of trustees. 
 
 Appointment 
 of treasurer. 
 
 Duties of treas- 
 urer. 
 
 Contracts. 
 
 Accounts. 
 
 Keports. 
 
 Meet quarterly, 
 
 table physiology, in the fundamental laws of the United 
 States, and of the state of Illinois, in regard to the rights 
 and duties of citizens, and such other studies as the boar 
 of education may, from time to time, prescribe. 
 
 § 3. The powers of the said corporation shall be vested 
 in and its duties performed by a board of trustees, jiot ex- 
 ceeding five in number, to be appointed as hereinafter 
 provided. 
 
 § 4. Upon the passage of this act the governor shall 
 nominate and, by and with the advice of the senate, 
 appoint five citizens of the state as trustees of said insti- 
 tution, two of whom shall serve for two years, and three 
 for four years, and until their successors are appointed and 
 enter on duty, and successors in each class shall be appointed 
 in like manner for four years : Provided, that in case of a 
 vacancy by death or otherwise, the governor shall appoint a 
 successor for the remainder of the term vacated : Provided, 
 that not more than two members of said board shall be 
 residents of any one county, 
 
 § 5. The said trustees shall hold their first meeting at 
 Centralia, within one month after the passage of this act, at 
 which meeting they shall elect one of their body as presi- 
 dent and another as secretary ; and cause a regular record 
 to be made and kept of all their proceedings. The said 
 board shall also, whenever his services shall be required, 
 appoint a treasurer, not a member of the board, who shall 
 give bonds to the people of the state of Illinois in double 
 the amount of the largest sum likely to come into his hands, 
 the penalty to be fixed by the board, conditioned for the 
 faithful discharge of his duties as treasurer, with two or 
 more securities ; the treasurer may also be required to exe- 
 cute bonds from time to time as the board may direct. 
 
 § 6. The treasurer shall k^ep an accurate account of all 
 moneys received and paid out ; the account for articles and 
 supplies of every kind purchased shall be kept and re- 
 ported, so as to show the kind, quantity and cost thereof. 
 
 § 7. No member, officer, agent or employee of the board 
 shall be a party to or interested in any contract for mate- 
 rials, supplies or services other than such as pertain to their 
 positions and duties. 
 
 § 8. Accounts of this institution shall be stated and 
 settled annually with the auditor of public accounts, or with 
 such person or persons as may be designated by law for 
 that purpose. And the trustees shall, ten days previous to 
 each regular session of the general assembly, submit to 
 the governor a report of all their actions and proceedings 
 in the execution of their trust, with a statement of all ac- 
 counts connected therewith, to be by the governor laid 
 before the general assembly. 
 
 § 9. The said board shall meet quarterly at such places 
 or place as may be agreed on, and, until the buildings are 
 
53 
 
 Limits. 
 
 Erection of 
 
 completed, as ranch oftenerasmay be necessary ; and there- 
 after the meetings shall be at the university. 
 
 § 10. The trustees shall, as soon as practicable, adver- Location< 
 tise for proposals from localities desiring to secure the loca- 
 tion of said normal university, and shall receive, for not 
 less than three months from the date of their iirst adver- 
 tisement, proposals from points situated as hereinafter 
 mentioned, to donate lands, buildings, bunds, moneys, or 
 other valuable consideration, to the state in aid of the 
 foundation and support of said university ; and shall, at a 
 time previously fixed by advertisement, open and examine 
 such proposals, and locate the institution at such point as 
 shall, all things considered, offer the most advantao-eous 
 conditions. The land shall be selected south of the rail- 
 road, or within six miles north of said road, passing from 
 St. Louis to Terre Haute, known as the Alton and Terre 
 Haute railroad, with a view of obtainiug a good supply of 
 water and other conveniencies for the use of the institution. 
 
 § 11. Upon the selection and secnring of the land afore- 
 said, the trustees shall proceed to contract for the erection buildings 
 of buildings in which to furnish educational facilities for 
 such number of students as hereinafter provided for, together 
 with the out-houses required for use, also for the improve- 
 ment of the land so as to make it available for the use of 
 the institution. The buildings shall not be more than two construction, 
 stories in height, and be constructed upon the most approved 
 plan for use, shall front to the east, and shall be of sufficient 
 capacity to accommodate not exceeding three hundred stu- 
 dents, with the officers and necessary attendants. The 
 outside walls to be of hewn stone or brick, partition walls of 
 brick, roofs of slate, and the whole buildings made fire- 
 proof, and so constructed as to be warmed in the most healthy 
 and economical manner, with ample ventilation in all its 
 parts. The out-houses shall be so placed and constructed 
 as to avoid all danger to the main buildings from fire origi- 
 nating in any one of them. The board shall appoint an 
 honest, competent superintendent of the buildings and 
 improvements aforesaid, whose duty it shall be to be always 
 present during the progress of the work, and see that every 
 stone, brick, and piece of timber used is sound and properly 
 placed, and whose right it shall be to require contractors and 
 their employees to conform to his directions in executing 
 their contracts : Provided, however, that said board of trus- Proviso. 
 tees may appoint any one of them number such superinten- 
 dent : And, provided, further, that the buildings aforesaid 
 may be erected and improvements made under the direction 
 of the board and its superintendent, without letting the 
 same to contractors. 
 
 § 12. The said board of trustees shall appoint instruc- instructors. 
 tors and instructresses, together with such other officers as 
 may be required in the said normal university, fix their 
 
54 
 
 respective salaries and prescribe their several duties. They 
 shall also have power to remove any of them for proper 
 cause, after having given ten days' notice of any charge 
 which may be duly presented, and reasonable opportunity 
 
 Text-books, of defense. They shall also prescribe the text-books, appa- 
 ratus and furniture to be used in the university and provide 
 the same, and shall make all regulations necessary for its 
 management. 
 Each county § 13. All the counties shall be entitled to gratuitous 
 
 pLsgmtuTtousij instruction for two pupils for each county in said normal 
 university, and each representative district shall be entitled 
 to gratuitous instruction for a number of pupils equal to 
 the number of representatives in said district, to be chosen 
 
 Manner chosen, in the following manner : the superintendent of schools in 
 each county shall receive and register the names of all 
 applicants for admission in said normal university, and 
 shall present the same to the county court, or, in counties 
 acting under township organization, to the board of super- 
 visors, which said county court or board of supervisors, as 
 the case may be, shall, together with the superintendent of 
 schools, examine all applicants so presented, in such man- 
 ner as the board of trustees may direct ; and from the 
 number of such as shall be found to possess the requisite 
 qualifications such pupils shall be selected by lot, and in 
 representative districts composed of more than one county, 
 the superintendent of schools and county judge, or the su-' 
 perintendent of schools and chairman of the board of 
 supervisors in counties acting under township organization, 
 as the case may be, of the several counties composing such 
 representative district, shall meet at the clerk's office of the 
 county court of the oldest county, and from the applicants 
 so presented to the county court or board of supervisors of 
 the several counties represented, and found to possess the 
 requisite qualifications, shall select by lot the number of 
 pupils to which said district is entitled. The board of trus- 
 tees shall have discretionary power, if any candidate does 
 not sign and file with the secretary of the board a declara- 
 tion that he or she will teach in the public schools within 
 the state not less than three years, in case that engagements 
 can be secured by reasonable efforts, to require candidate to 
 provide for the payment of such fees for tuition as the board 
 may prescribe. 
 Appropriation § 14. To enable the board of trustees to erect the build- 
 ings and make the improvements preparatory to the recep- 
 tion of pupils in said institution, and to supply the necessary 
 furniture for the same, the sum of seventy-five thousand 
 dollars is hereby appropriated out of the state treasury, 
 payable on the order of said board, as required for use, in 
 suras not exceeding ten thousand dollars per month. The 
 first payment to be made on the first day of June next, and 
 subsequent payments monthly thereafter, but each successive 
 
 therefor. 
 
55 
 
 order for subsequent payments shall be accompanied by an 
 account, sustained by vouchers, showing, to the satisfaction 
 of the auditor, the expenditure of the previous payment. 
 
 § 15. The expense of building, improving, repairing, Expenses. 
 and supplying fuel and furniture, and. the salaries or com- 
 pensation of the trustees, superintendent, assistants, agents 
 and employees, shall be a charge upon the State treasury ; 
 all other expenses shall be chargeable against pupils, and 
 the trustees shall regulate the charges accordingly. 
 
 § 16. If the buildings and improvements herein pro- Auditor to is- 
 vided for shall be ready for the reception of pupils before 6ue warrants. 
 the next regular session of the general assembly, the gov- 
 ernor is authorized to make orders on the auditor, directing 
 him to issue warrants at the end of each quarter of the fiscal 
 year for amounts sufficient to pay the expenses chargeable 
 against the state, and the auditor shall issue warrants 
 accordingly, which shall be paid by the treasurer. 
 
 § 17. The trustees ot this institution shall receive their Expenses of 
 personal and traveling expenses, and the auditor is hereby trustees - 
 authorized to issue his warrants quarterly, upon taking the 
 affidavit of the trustees as to the actual time employed, and 
 their personal and traveling expenses. 
 
 § 18. This act shall take effect and be in force from 
 and after its passage. 
 
 Approved March 9, 1869. 
 
 TOTTED STATES OF AMERICA, ) 
 
 State of Illinois. j ss ' OFFICE OF SECRETARY. 
 
 I, Edttard Ruiimel, Secretary of State of Illinois, do hereby certify that 
 the foregoing printed laws are true and correct copies of said laws as en- 
 rolled and now on file in this office. In witness whereof, I hereunto set 
 my hand and affix the Great Seal of State, at the city of Springfield, this 
 31st day of March, A. D. 1869. 
 
 EDWARD RUMMEL, Secretary of State. 
 
INDEX. 
 
 PAGE 
 
 Accounts of treasurer, how to be kept. . 26 
 
 Acts, this act not to repeal special acts. 36 
 
 what, repealed by this act.., .... 42 
 
 this act to be in force, when 42 
 
 Advertisement of the sale of school land 39 
 
 Apportionment, how made 7 
 
 funds to schools composed of differ- 
 ent districts 13 
 
 how made in forming new districts. 13 
 
 Attachment, in what cases, may issue.. 21 
 
 Auction, lands may be sold at, by trustees 16 
 
 Auditor of public accounts, /lis duties. . 32 
 
 shall make dividends of school funds 32 
 
 shall issue warrants for same 32 
 
 to be furnished with transcripts of 
 
 sales 41 
 
 shall issue patents to purchasers. . 42 
 
 may issue duplicate copies of patents 42 
 
 Boards of directors, when to be dissolved 14 
 
 supervisors to make appropriations. 33 
 
 Bonds, of superintendents 3 
 
 of county superintendents 5 
 
 of township treasurer, where to be 
 
 filed 7 
 
 directors may issue 20 
 
 how such are to be executed 20 
 
 of township treasurer 26 
 
 Books for county supt., how paid for. . . 7 
 
 Causes of action, existing to remain valid 36 
 
 Certificates, of board of directors 19 
 
 of teachers 22 
 
 grades of 22 
 
 Certificates, of teachers to be attached to 
 
 schedules 24 
 
 form of 24 
 
 of directors, tp be attached to sched- 
 ules 25 
 
 form of 25 
 
 of purchase to be given 41 
 
 of purchase, duplicates may issue. . 42 
 
 Change of name of school commissioner 5 
 
 Circulars, to be issued by superintendent 4 
 
 Cities. See "Towns and Cities.'' 
 
 Clerk of boa-d of trustees, how appointed 12 
 
 duties of 12 
 
 must join in executing conveyances 16 
 
 Clerk of board of directors 17 
 
 of board of directors to sign bonds. 20 
 
 county, to make computation of taxes 19 
 
 computation to be final 19 
 
 shall deliver to treasurer certificate 
 
 of amount due 20 
 
 PAGE. 
 
 Certificates : 
 
 how to proceed where a district is in 
 
 two counties 20 
 
 Clerks of courts of record to report to 
 
 county superintendent 38 
 
 penalty for failure to do so 38 
 
 Collector, county, to pay over taxes to 
 
 township treasurer 20 
 
 case of refusal to pay over, may be 
 
 sued 20 
 
 not liable for taxes he could not col- 
 lect. 20 
 
 to pav over taxes on warrant of audi- 
 tor" 33 
 
 may be proceeded against in county 
 
 court 33 
 
 compensation of. 33 
 
 Compensation, of superintendent 5 
 
 of collectors 33 
 
 of county superintendents 33 
 
 of township treasurers 34 
 
 of county treasurers 34 
 
 Common school funds. 
 
 Compromise may be made by trustees. . 16 
 
 Consolidation of two or more districts. . 14 
 
 Contracts to remain valid 36 
 
 directors shall not be interested in. 18 
 Conveyances : 
 
 ol school sites, how executed 16 
 
 to trustees, how to be made 16 
 
 of school lands, how made. ....... 41 
 
 Costs, not to be charged against school 
 
 officers, in certain cases 35 
 
 of suits for trespassing on school 
 
 lands 37 
 
 Counties not collecting funds, to receive 
 
 none 32 
 
 how taxes are to be distributed to. . 33 
 County superintendents successors to 
 
 school 'commissioners 5 
 
 to examine treasurer's bond 7 
 
 to return bond if defective 7 
 
 to loan county funds . 8 
 
 not to pav funds till treasurer's bond 
 
 is filed". .' 8 
 
 liable to removal for failure to report 8 
 to visit every school once a year. . . 9 
 to direct inscienceand art of teach- 
 ing 9 
 
 to form teachers' institute 9 
 
 to hold meetings quarterly 23 
 
 not to charge fee for certificate ... 23 
 
 additional compensation to 33 
 
 to receipt for fines, etc 38 
 
INDEX. 
 
 [II] 
 
 County superintendents : 
 
 to bring suits against clerks and jus- 
 tices of the peace 38 
 
 Courts, county, may remove county su- 
 perintendents 6 
 
 may require new bond from county 
 superintendents 6 
 
 shall have jurisdiction in trespass to 
 school lands 38 
 
 6hall have jurisdiction in action 
 .against collectors 38 
 
 Damages against collector 20 
 
 on breach of mortgage 28 
 
 Devise, may be bequeathed to trustees. . 16 
 Debts, due to schools, to be first paid. . 29 
 Directors, school or district; 
 
 duty of, to transfer pupils 13 
 
 to draw orders for money 14 
 
 to have control of school houses, etc 16 
 
 may convey school site 16 
 
 election of 11 
 
 in case of vacancv in board, how 
 
 filled 11 
 
 election may be postponed 11 
 
 to appoint a clerk — duties of 1*7 
 
 shall not be trustees 11 
 
 shall not be interested in contracts 11 
 may levy a tax for school purposes. 18 
 shall determine amount necessary to 
 be raised for school purposes... 18 
 directors, shall determine what rate per 
 
 cent, shall be levied 18 
 
 shall make known estimates, with a 
 
 list of tax-payers, to county clerk 18 
 to return certificate to treasurer. . . 18 
 
 form of certificate 19 
 
 shall inform collector, where dis- 
 tricts are composed of several 
 townships,to what treasurer to pay 
 
 over taxes 20 
 
 rate of interest on money bor'wed by 20 
 
 what sum may be borrowed by 20 
 
 what sum may be levied by 20 
 
 how to proceed where a district is in 
 
 two counties 20 
 
 may borrow money 20 
 
 to be a body corporate, etc 20 
 
 may purchase libraries . . 18 
 
 shall establish schools, erect houses, 21 
 
 may locate school house site 21 
 
 musthave six months' school or more 21 
 to receive pupils between 6 and 21 21 
 
 shall visit schools 21 
 
 shall appoint teachers 21 
 
 may dismiss them 21 
 
 may expend surplus money 17 
 
 liable for balance due teachers. ... 21 
 when execution may issue against. . 21 
 shall examine and certify to schedules 24 
 
 form of certificate 24 
 
 shall file schedule with treasurer... 25 
 not to certify schedule in certain 
 cases 25 
 
 Directors' receipt to be evidence 25 
 
 to receipt for schedules 25 
 
 liable for loss of schedules 25 
 
 exempt from working on roads.... 34 
 
 liabilities of 34 
 
 penalty for failing to perform duties 35 
 heretofore appointed, continue in 
 office until successors are elected 36 
 Directors of union schools how appointed IS 
 
 Distribution, in new districts IS 
 
 how made in dividing districts IS 
 
 of taxes, to counties 83 
 
 Districts, school, may be formed from 
 
 two or more townships .' 18 
 
 pupils, from two or more, may be 
 
 transferred is 
 
 when several districts are consolida- 
 ted, new to own the property. ... 13 
 in case of division of, funds to be 
 
 distributed 12 
 
 when composed of two or more town- 
 ships, how to collect taxes 20 
 
 when situated in two counties, how 
 
 taxes are to be collected 20 
 
 Dividends of school tax, to be declared 
 
 by auditor 33 
 
 to be paid on auditor's warrant. ... 33 
 
 Election, of superintendent of public in- 
 struction 3 
 
 of county superintendents 5 
 
 of trustees of schools 10 
 
 trustees to act as judge and clerks of 11 
 manner of conducting, for trustees. 11 
 qualifications of voters at, for trus- 
 tees 11 
 
 in case of a tie in, for trustees 11 
 
 judges of to deliver to county super- 
 intendent poll-book and certificate 12 
 poll-book and certificate to be evi- 
 dence ; . . . . 12 
 
 of school directors 11 
 
 judges of, their duty 18 
 
 for purpose of raising funds, to be 
 
 submitted to the people 21 
 
 shall be held before issuing bonds foF 
 
 borrowed money 20 
 
 shall be held in order to erect or 
 
 change school houses 21 
 
 Evidence, receipt of township treasurer 
 
 shall be *j 
 
 county superintendent may give ... 9 
 poll-book and certificate of election 
 
 to 12 
 
 poll-book and certificate of election 
 
 to 18 
 
 Examination, of books, notes, accounts 
 
 etc., to be made 15 
 
 of teachers 22 
 
 Exemption of school officers from work- 
 ing road, etc 34 
 
 Expenses of supporting schools, how paid 13 
 Executors and administrators shall pay 
 
 school debts first 29 
 
Ill ] 
 
 INDEX. 
 
 Fines. See "Penalties." page. 
 Funds, may be withheld by superinten- 
 dent 5 
 
 county, may be loaned 8 
 
 tax, how divided in formation of new 
 
 district' 12 
 
 how distributed by trustees 13 
 
 trustees may make orders for collec- 
 tion of • ■ • 13 
 
 how distributed in division of a dis- 
 trict 13 
 
 not to be paid out except as desig- 
 nated 23 
 
 what shall constitute the principal 
 
 of school - 31 
 
 no part of school, to be expended. . 31 
 
 how to be paid out 31 
 
 form of order 31 
 
 what shall constitute school 31 
 
 where a county fails to collect taxes, 
 not to be received by such county 32 
 
 state to pay interest on school 32 
 
 dividends to be made by auditor. . . 33 
 to be paid on auditor's warrants. . . 33 
 not to be paid by local treasurer in 
 
 certain cases 36 
 
 persons of color to have benefit of. 37 
 statements to be made by superin- 
 tendent 41 
 
 Gifts and grants may be made to trustees 16 
 Grades and certificates 22 
 
 Higher branches may be taught 28 
 
 Improvements liable to be destroyed, not 
 
 be included in mortgages 28 
 
 Indictment, persons liable to for trespass- 
 sing on school lands 38 
 
 Interest, on money loaned, account to be 
 
 kept by county superintendent. . . 7 
 of county funds, how to be applied. 7 
 rate of, to be levied by directors. . 18 
 on money borrowed by directors. . . 20 
 rate of, on money loaned by treas- 
 urer .. 27 
 
 proceedings in case of failure to pay 29 
 to be paid by the state on sch'l fund 82 
 
 Judgments and executions, real estate 
 may be purchased by trustees in 
 
 satisfaction of 16 
 
 for damages against collector 16 
 
 in what cases executions may issue 
 
 against trustees and directors ... 21 
 may be rendered by county court 
 
 against collector .- 21 
 
 in case of, against treasurer 34 
 
 to be a lien from date of process. .. 34 
 Justices of the peace to have jurisdiction 29 
 to have jurisdiction in certain cases. 38 
 in case of failure to pay over fines, 
 
 etc 38 
 
 to enforce collections of fines, etc. 38 
 
 page. 
 
 Justices to pay same to county supt. ... 38 
 
 report under oath to co. super'nd't 38 
 
 penalty for failure to report 38 
 
 Lands, school, petition for sale of, to be 
 
 recorded 39 
 
 account of sales, to be kept 39 
 
 Lands, purchases of declared valid 17 
 
 leases to remain valid 36 
 
 heretofore offered for sale, how sold 36 
 
 what shall constitute school '. . 37 
 
 business of townships shall be trans- 
 acted in the county which con- 
 tains the greatest portion of . . . . 37 
 
 penalty for trespassing on 38 
 
 sales of, how to be made 39 
 
 what number of inhabitants a town- 
 ship shall contain in order to sell 39 
 
 how to be subdivided 39 
 
 terms of sale of 39 
 
 place of selling 40 
 
 notice of sale of 40 
 
 county supt. shall sell, and how. . .. 40 
 
 payment for, how to be made 40 
 
 unsold, how to be disposed of 40 
 
 certificate of purchase to be given. 41 
 statement of sales of, how made. ... 41 
 transcript of sales of, to be made, to 
 
 auditor 41 
 
 purchasers of, to receive a patent. . 42 
 Leases of school lands to remain valid. . 36 
 
 Liabilities, of school officers 84 
 
 real estate bound for claims against 
 
 school officers. . . ., 34 
 
 Libraries may be purchased by directors 18 
 Liens, process against school officers 
 
 shall be from date 34 
 
 Loans, of money by treasurer to be made 27 
 
 Mandamus may be issued in certain cases 21 
 
 Maps, of townships to be prepared 13 
 
 to be certified and recorded 13 
 
 Meetings, for examination of teachers. . 23. 
 Moneys, to be delivered by county super- 
 intendent to successor 8 
 
 may be loaned by co. superintendent 8 
 to be paid on order of the directors 13 
 for use of township to be paid to 
 
 treasurer 16 
 
 for school purposes may be raised by 
 
 directors 18 
 
 rate per cent, to be determined by 
 
 directors 18 
 
 may be borrowed by directors 20 
 
 may be loaned by treasurer 27 
 
 additional security may be required 27 
 Mortgages in name of county superin- 
 tendents declared valid- ........ S 
 
 suits may be brought on, and how. . 8 
 
 may be canceled by trustees 16 
 
 to be taken for money loaned by 
 
 treasurer 28 
 
 Mortgages, form of 2S 
 
INDEX. 
 
 [IV] 
 
 Mortgages, in ease of breach, suit may be 
 
 maintained .28 
 
 improvements liable to be destroyed 
 
 not to be included in 28 
 
 Notes in name of county superintendent 
 
 declared valid 8 
 
 bow suits may be brought on 8 
 
 may be canceled by trustees 17 
 
 may be taken by treasurer for money 
 
 loaned 27 
 
 Notice of sale of school site to be posted 16 
 
 of sale of real estate 16 
 
 of election of directors 17 
 
 of election to borrow money 18 
 
 of election to change school houses 21 
 of meetings for examination of 
 
 teachers 23 
 
 of sale of school lands 40 
 
 Office, term of, superintendent 3 
 
 oath of, superintendent 8 
 
 term of, county superintendent 5 
 
 term of, trustees 15 
 
 county superintendents to continue 
 
 in until successors are elected. . 35 
 trustees and directors to continue in 
 
 until successors elected 36 
 
 Officers of schools, exempted from work- 
 ing roads, etc 34 
 
 liabilities of 34 
 
 real estate of, subject to lien 34 
 
 subject to penalty for failing to do 
 
 duty 35 
 
 of schools responsible for losses. . 35 
 
 not liable for costs in certain cases. 35 
 heretofore appointed to continue in 
 
 office until successors are elected 35 
 in towns and cities, their duties. . . 36 
 of courts not to require costs in cer- 
 tain cases 35 
 
 in case, fail to pay over fines, etc. . 37 
 
 Patents to be given to purchasers of 
 
 school lands 42 
 
 how to be issued 42 
 
 duplicate copies of, maybe issued. . 42 
 
 Payment for school lands, how to be 
 
 made 40 
 
 Penalties, what, collectors subject to 21 
 
 what, township treasurer subject to. 28 
 
 what, school officers subject to . . . 34 
 
 Penalties, what school officers may be sub- 
 ject to for failing in their duties. . 35 
 
 what, in case of false returns 35 
 
 how disposed of 35 
 
 for cutting trees on school lands. . . 38 
 
 for trespassing on school lands 38 
 
 how collected 38 
 
 Penalty for failing to pay over fines, etc. 38 
 
 how recovered 38 
 
 how disposed of ; 38 
 
 Permits delivered to township treasurer 14 
 
 PAGE. 
 
 Persons of color to have benefit of school 
 
 fund in certain cases 37 
 
 Petition, for sale of school lands shall 
 be presented how, shall be signed, 
 
 etc 39 
 
 Postage of superintendent, how paid. ... 5 
 
 Process, in what cases to issue 21 
 
 how to be served 21 
 
 from date shall be a lien 34 
 
 President of board of trustees, how ap- 
 pointed 12 
 
 duty of. 12 
 
 may execute conveyances •- . . 16 
 
 of board of directors to sign bonds. 20 
 Property of a district to be distributed in 
 
 case of a division 13 
 
 Pupils of two or more districts, how trans- 
 ferred „ . 13 
 
 under six not eligible 21 
 
 Purchase of real estate by trustees 16 
 
 of sch'l lands by persons, how made 39 
 
 certificates of, to be given 41 
 
 Purchasers of school lands to receive pa- 
 tents 42 
 
 may obtain duplicate patents 42 
 
 Qualifications of teachers 22 
 
 Real estate taken for debts may be resold 10 
 may be purchased by trustees in cer- 
 tain cases 17 
 
 Real estate, title to vest in trust in cer- 
 tain cases 16 
 
 may be deeded to trustees in com- 
 promise 16 
 
 may be sold at auction by trustees. 16 
 
 sales of, how made 16 
 
 purchases of, declared valid 16 
 
 shall be bound for claims against 
 
 sch'l officers from date of process 34 
 
 sale of, shall not defeat lien 35 
 
 may be sold in satisfaction of judg- 
 ment 35 
 
 Records, of examination of teachers. ... 22 
 of examination, copy of, to be re- 
 turned to state superintendent. . . 22 
 Removal'of township treasurer,how made 16 
 
 of teachers, how made 21 
 
 Reports of superintendent : 
 
 when to be made to governor 4 
 
 to be laid before general assembly. 4 
 
 of schools in towns and cities 36 
 
 Returns, in case an officer making false. 35 
 Rules and regulations may be made by 
 
 superintendent 4 
 
 Salary of superintendent 5 
 
 when and how paid 5 
 
 Sale of school house and sites 16 
 
 of lands at auction 17 
 
 shall not affect lien on real estate . . 34 
 
 of school lands, how to be made ... 38 
 
 of school lands, terms of 39 
 
 of school lands, place of selling. . . 40 
 
[V] 
 
 INDEX. 
 
 Sale of school lands, advertisement of. . 40 
 of school lands, to be made by coun- 
 ty superintendent 40 
 
 of school lands, payment how to be 
 
 made 40 
 
 unsold lands subject to private sale 40 
 statement of to be made by county 
 
 superintendent 41 
 
 transcript of to be furnished to audi- 
 tor 41 
 
 Schedules, separate, how kept and dis- 
 posed of 14 
 
 when payable 25 
 
 Schools, under supervision of supt 4 
 
 information respecting to be commu- 
 nicated to superintendent. ..... - 8 
 
 to be visited by county superinten- 
 dent 9 
 
 may be established comprising pu- 
 pils of different districts 13 
 
 directors to have control of 13 
 
 expense of supporting, how paid. . . 13 
 
 union, how formed 14 
 
 devise or grant may be made to. ... 16 
 directors to determine amount ne~ 
 
 cessaiy for 18 
 
 to be established by directors 21 
 
 county superintendent of, to advise 
 
 with superintendent 4 
 
 when and how elected 5 
 
 to give bond 5 
 
 condition and penalty of bond of. . 6 
 action may be maintained on bond of 6 
 
 form of bond of • 6 
 
 liable to be removed by county court 6 
 shall give new bond if required. ... 6 
 
 vacancy in office of, how filled 6 
 
 to provide books of record 7 
 
 to record petitions for sale of lands 7 
 
 to record plats, etc 7 
 
 to keep an account of sales of lands 7 
 to keep an account of money loaned 7 
 
 books, how paid for 7 
 
 shall file bond of township treasurer 7 
 shall deliver to township treasurer 
 all bonds, notes, mortgages, etc. . 7 
 
 shall take receipt for same 7 
 
 receipt to be evidence .7 
 
 shall make apportionment among 
 
 townships, and how 7 
 
 shall pay over distributive share to 
 
 treasurer annually 7 
 
 shall loan county fund , 8 
 
 interest, how to be applied S 
 
 shall give information to sup't 8 
 
 shall deliver to successor all proper- 
 ty, on expiration of office 8 
 
 may loan money in same way as 
 
 treasurers 8 
 
 notes, mortgages, in name of, valid 8 
 suits may be brought in name of. . . 8 
 duties of, to visit schools, give di- 
 rections, etc 9 
 
 to have primary jurisdiction 9 
 
 Schools, county superintendents of: 
 
 may employ a competent person to 
 furnish information, statistics, etc., 
 
 in certain cases 9 
 
 persons so employed to have access 
 to books, papers, etc., of township 9 
 
 to pay persons so employed 9 
 
 to collect the amount so paid in ac- 
 tion against trustees 9 
 
 may be witness in such action 9 
 
 money so recovered to be paid over 
 
 to 9 
 
 may resell real estate taken for debts 10 
 may retain percentage for selling. . 10 
 shall examine teachers and give cer- 
 tificate 22 
 
 may revoke certificate 22 
 
 to fix a time for examining teachers 23 
 may proceed against collector in co. 
 
 court 32 
 
 compensation of. 33 
 
 exempted from working roads, etc. 34 
 
 liabilities of . 34 
 
 penalty for failing to perform duties 34 
 
 term of office of. . . - 35 
 
 not to pay funds to local treasurer in 
 
 certain cases 36 
 
 shall sell school lands, and in what 
 
 manner 40 
 
 shall give to purchaser certificate . . 41 
 shall make statements of sales, mon- 
 eys, etc 41 
 
 shall furnish auditor transcript of 
 
 sales ., 41 
 
 School houses, title to, vested in trus- 
 tees 16 
 
 control of, vested in directors 16 
 
 shall not be erected or changed 
 
 without 'a i election 21 
 
 School sites. See "Sites." 
 
 Schedules, shall be kept by teachers, . . 24 
 
 what, shall contain 24 
 
 form of 24 
 
 to be certified by teachers 24 
 
 to be delivered to directors 24 
 
 to be examined by directors 24 
 
 to be certified by directors 24 
 
 to be filed with treasurer 25 
 
 not to be certified in certain cases. 25 
 Securities, .bound for demands against 
 
 principals S4 
 
 of county superintendent not exemp- 
 ted from liabilities 34 
 
 additional, may be required in cer- 
 tain cases 27 
 
 Settlement may be made with trustees by 
 
 petsons, indebted 16 
 
 Sites for schools, sales of, how made. . . 21 
 
 purchases of, how made 16 
 
 Sixteenth section declared school lands. 87 
 State shall pay interest on school fund. 32 
 Statement of condition of schools to be 
 
 prepared 14 
 
 what shall be contained in, 14 
 
INDEX. 
 
 [VII 
 
 PAGE. 
 
 Statement of treasurer to trustees 29 
 
 what shall be contained in such ... 29 
 of sales of land and moneys received 
 
 by county superintendent 41 
 
 State's attorney to enforce collection of 
 
 fines, etc 38 
 
 to pay same to co. superintendents. 38 
 
 fees and commissions of 38 
 
 Suits may be brought on notes, mortgages, 
 
 etc., by county superintendent. . . 9 
 
 county superintend't may be witness 9 
 
 may be brought against treasurer . 16 
 
 may be brought against collector. . 20 
 
 damages to be awarded in 20 
 
 may be maintained for breach of con- 
 dition in mortgage 28 
 
 how brought for interest 29 
 
 all suits to be in name of trustees. . 29 
 
 against treasurer, on bond 29 
 
 in co. court against collector. ..... 33 
 
 against trustees for insufficiency of 
 
 treasurer's securities 34 
 
 may be brought against officers fail- 
 ing in'their duty 35 
 
 costs of, not to be charged in certain 
 
 cases 35 
 
 for trespassing on school lands. ... 37 
 
 how brought for penalties 38 
 
 against purchasers of land 40 
 
 Superintendent of public instruction, 
 
 when and how elected 3 
 
 term of office of 3 
 
 office of, where to be kept S 
 
 bond o'f, penalty and conditions of. 3 
 
 to preserve books and documents. . 3 
 
 to pay over moneys . 4 
 
 to advise county superintendents 
 
 and teachers 4 
 
 to have supervision of schools 4 
 
 to issue circulars 4 
 
 to make reports to governor 4 
 
 to issue state certificates 22 
 
 to make rules and regulations .... 4 
 
 to explain and interpret this act. . . 5 
 his decisions to be final, except in 
 
 certain cases 5 
 
 may cause funds to be withheld. ... 5 
 
 salary of, when and how paid 5 
 
 to be allowed postage, stationery,etc 5 
 
 Taxes, school, how distributed when new 
 
 district is formed 13 
 
 directors may levy 18 
 
 to be computed by county clerk. ... 19 
 
 how collected 19 
 
 to be paid by collector to township 
 
 treasurer . 20 
 
 in case of refusal of collector to pay 20 
 
 where district is in two counties. . 20 
 shall not be levied for extending 
 
 school longer than six months. . . 21 
 
 two mills to constitute school fund . 31 
 
 where county fails to collect 32 
 
 dividends of, to be made by auditor 38 
 
 PAGE. 
 
 Taxes : 
 
 persons of color to have benefit of. 31 
 
 Teachers, to be appointed by directors. 21 
 
 compensation of, fixed by directors. 21 
 
 may be dismissed by directors 21 
 
 to be examined 22 
 
 qualifications necessary for 22 
 
 to receive certificate 22 
 
 form of certificate , 22 
 
 meetings for examination of. .... . 23 
 
 to exhibit certificate before receiv- 
 ing funds 23 
 
 shall keep schedules 23 
 
 form of schedules 24 
 
 shall attach certificates to schedules 24 
 te deliver schedules to directors. . . 24 
 entitled to ten per cent, interest. . . 25 
 balances due, to be paid out of first 
 
 moneys 25 
 
 Title to real estate to vest in trustees in 
 
 certain cases 16 
 
 Towns and cities, special acts of, not 
 
 changed by this act 36 
 
 officers of, having in charge school, 
 
 duties of 36 
 
 Townships, apportionment among, how 
 
 made..... 7 
 
 distributive share of, to be paid to 
 
 treasurers annually 7 
 
 business of, to be done by trustees. 10 
 
 to be laid off in districts 12 
 
 map of, to be prepared 18 
 
 school districts to be formed from 
 
 several 13 
 
 when divided by county line, sepa- 
 rate enumerations to be made. . . 15 
 Transcript of sales of school lands to be 
 
 furnished to auditor 41 
 
 Treasurer, township, bond of, to be filed 
 
 by county superintendent 7 
 
 moneys, bonds, etc., to be delivered 
 to, by county superintendent. ... 7 
 
 to give receipt for same 7 
 
 receipt of, to be evidence 7 
 
 distributive share to be paid to, an- 
 nually 7 
 
 how appointed 12 
 
 township, account of to be examined 15 
 proceeds of sale of school sites to be 
 
 paid to 16 
 
 moneys for use of townships to be 
 
 paid to ...... 16 
 
 may be removed by trustees. ...... 16 
 
 may be sued on bond 16 
 
 to order district election in certain 
 
 cases . 18 
 
 to return certificate to county clerk 19 
 collector to pay over to, full amount 
 
 of tax 20 
 
 schedule to be filed with 25 
 
 to give bond and security 25 
 
 form of bond of 26 
 
 to provide books and keep accounts 26 
 accounts, how kept 27 
 
[VII] 
 
 INDEX. 
 
 PAGE. 
 
 Treasurer, township, shall loan money. . 27 
 terms and rate on which, shall loan 27 
 
 may loan funds to directors 27 
 
 former loans by, legalized 27 
 
 may require additional security.... 29 
 if not given, shall institute suit. ... 29 
 shall have debts due probated and 
 
 classed 29 
 
 may bring suits for interest 29 
 
 shall keep all moneys, books, etc,, of 
 
 townshi p 29 
 
 shall make statement to trustees on 
 
 certain days 29 
 
 what to be contained in statement.. 29 
 penalty in case of failure to perform 
 
 duties 30 
 
 not liable in certain cases 30 
 
 to settle with boards of directors. . 30 
 to deliver money, books, etc., to suc- 
 cessor 30 
 
 in case of death of 30 
 
 to pay only on order of directors. . 31 
 
 township, compensation of 34 
 
 exempted from working roads, etc. . 34 
 
 liabilities of 34 
 
 to receive pay as clerks 34 
 
 Trees, penalty for cutting on school 
 
 lands 37 
 
 Trespass on school lands, how punished . 37 
 Trustees of schools to be body corporate 10 
 
 name and style of 10 
 
 term of office 10 
 
 • eligibility of 10 
 
 first election of 10 
 
 to draw lots 10 
 
 when but two are present. . . 10 
 
 election of, may be postponed in cer- 
 tain cases 11 
 
 to act as judges and clerks at elec- 
 tions « 11 
 
 Trustees of schools, in case of refusal of, 
 
 to serve at elections 11 
 
 time and manner of electing 11 
 
 qualifications of voter for 11 
 
 in case of a tie in election 11 
 
 in case of a vacancy in board of . . . 11 
 election of to be ordered by county 
 
 superintendent 11 
 
 to be successors to trustees of sch'l 
 
 lands 12 
 
 property to be vested in 12 
 
 to hold semi-annual meetings 12 
 
 special meetings of, how called. ... 12 
 how board of shall be organized. . . 12 
 may appoint a township treasurer. . 12 
 
 may remove officers for cause 12 
 
 duty of president of board of 12 
 
 duty of clerk of board of 12 
 
 must lay township off into districts. 12 
 
 PAGE. 
 
 Trustees of schools, may establish one or 
 
 more districts in a township 12 
 
 to prepare map of township 13 
 
 may form school districts from seve- 
 ral townships 13 
 
 Trustees of schools, to make division of 
 
 taxes in new districts, and how. . 13 
 funds, how to be distributed by. ... 13 
 to ascertain amount in hands of trea- 
 surer 13 
 
 shall make statements of condition 
 
 of schools 14 
 
 what contained in statement of. . . . 14 
 
 failure to make report, penalty of . . 15 
 
 penalty of, how remitted 15 
 
 duty of, in case township is divided 
 
 by county line 15 
 
 shall make examination of books, 
 
 mortgages etc 15 
 
 may receive devise, gift or grant. .. 16 
 
 vested with title of school houses. . 16 
 president and clerk of board of, to 
 
 execute conveyances 16 
 
 shall cause all moneys to be paid to 
 
 treasurer 16 
 
 may remove township treasurer. ... 16 
 
 may sue township treasurer 16 
 
 may purchase real estate in satisfac- 
 tion of judgment 16 
 
 title to such estate to vest in 16 
 
 may settle with persons indebted. . 16 
 may receive deeds to real estate in 
 
 compromise 16 
 
 may cancel bonds, mortgages, etc. . 17 
 
 may lease or sell lands at auction. . 17 
 
 • shall not be interested in contracts. 18 
 
 shall not be director 18 
 
 execution may issue against 21 
 
 exempted -from working roads, etc. 34 
 
 liabilities of . 34 
 
 liable for insufficiency of treasurer's 
 
 securities ... • 84 
 
 Trustees of schools to pay treasurers for 
 
 clerical services 33 
 
 penalty for failing to perform duties 35 
 to continue in office until successors 
 
 appointed 36 
 
 how to proceed in selling sch 1 ! lands 37 
 Trustees of school lands, trustees of sch'l 
 
 declared successors of 12 
 
 Union districts, how formed 14 
 
 directors, powers of 14 
 
 Vacancy in office of county superinten- 
 dent, how filled 6 
 
 in board of trustees, how filled. ... 11 
 
 Witness, county superintendent may be 9 
 See "Evidence." 
 
INDEX TO AMENDATORY ACTS. 
 
 Absence of teachers at Institute 44 
 
 Act to amend school law, 1867 43 
 
 not to apply to Cook county 48 
 
 Act to amend school law, 1869 44 
 
 Acts,inconsistent or conflicting, repealed 44 
 Act relating to assessment in school dis- 
 tricts 45 
 
 Act concerning school and other reports 45 
 Act to establish county normal schools. 46 
 
 Annual reports, when to be made 45 
 
 Assessors, town, duty of 45 
 
 to note number of school districts. . 45 
 
 Blank books, to be prepared, how 45 
 
 Board of education, county. ... 46 
 
 Clerk, county, duty of 45 
 
 of board of directors, to make report 43 
 
 Cook county not included in act 43 
 
 County board of education. 46 
 
 how chosen 46 
 
 tenure of, 47 
 
 election of 47 
 
 powers and duties of 47 
 
 officers of 47 
 
 to report annually 47 
 
 not entitled to compensation 47 
 
 County normal schools, act to establish. 46 
 
 how established 46 
 
 management of 46 
 
 in two or more counties 47 
 
 already established, legalized 47 
 
 supervisors to establish 46 
 
 to be voted on, when 46 
 
 County superintendents, pay of 43 
 
 to report second Monday September 45 
 
 Courts, county, may establish county nor- 
 
 malschools 46 
 
 Definition of school month 44 
 
 Directors, must report to treasurers. ... 43 
 election of, in counties under town- 
 ship organization 44 
 
 to collect in certain cases 43 
 
 to allow teachers to attend institutes 44 
 to report first Monday, August 45 
 
 Directors, not reduce pay of teachers, 
 
 when 44 
 
 Districts, number of, to be designated.. 45 
 
 Election of school trustees , . . . 44 
 
 of school directors 44 
 
 French, teaching of, in public schools. . 44 
 
 German, teaching of, in public schools.. 44 
 
 Holidays, what shall be 44 
 
 Institutes, teachers may attend 44 
 
 Incorporated institutions to make reports 45 
 Institutions of learning to make reports. 45 
 
 Lawful holidays, what shall be 44 
 
 Literary institutions, reports of 45 
 
 Loss of time, not incurred, when. ...... 44 
 
 of pay, not incurred, when 44 
 
 Medium of teaching, when modern lan- 
 guages may be 44 
 
 Modern languages, may be used in teach- 
 ing same 44 
 
 Month, school, same as calendar 44 
 
 Normal schools, when established by two 
 
 or more counties 47 
 
 already established, legalized. ..... 47 
 
 Normal university, state, act for , . 47 
 
 Southern Illinois act for 51 
 
 Property, personal, assessment of . . 45 
 
 Per diem of county superintendents — .43 
 how paid 43 
 
 Reports of county superintendents, when 
 
 due 45 
 
 colleges and seminaries, when due. 45 
 
 school directors, when due. ....... 45 
 
 school trustees, when due 45 
 
 to be made September 15th, what. . 45 
 
 Returned soldiers to attend free 43 
 
 Schedules may be returned monthly 44 
 
 School month, how defined 44 
 
 Schools composed of pupils from different 
 
 townships 43 
 
 Soldiers, returned, to attend free 43 
 
 Southern Illinois Normal University, act 
 
 for 51 
 
 State Normal University, act for 47 
 
 Statistics, what, to be reported 46 
 
 Supervisors, may establish county normal 
 
 schools 46 
 
 may levy taxes for same 46 
 
 general powers of 46 
 
 Teachers, how paid in certain cases 43 
 
 may return schedules monthly 44 
 
 may attend institutes 44 
 
 not to teach on holidays 44 
 
 not to make up time, when 44 
 
 pay of, not to be reduced, when. . . 44 
 Treasurers must pay monthly schedules. 44 
 
 Trustees of schools, when elected . . 44 
 
 in counties under township organi- 
 zation 44 
 
 to report second Monday, August.. 45 
 
LIBRARY OF CONGRESS 
 
 019 749 607 1