BfM^ 
 
 .J.. 4: 
 
 1841 
 
 Author. 
 
 Title 
 
 Imprint 
 
AN ACT 
 
 MAKING 
 
 PROVISION FOR ORGANIZING AND MAINTAINING 
 
 COMMON SCHOOLS. 
 
 1 ACT making provision for organizing and maintaining Common 
 
 Schools. In force Jaly 
 
 1, 1841. 
 EC. 1 . Be it enacted by the People of the State of Illinois, re- 
 ented in the General Assembly, That for the purpose of 
 blishing and sustaining common schools throughout the . 
 e, and taking care of and using the resources of the State 
 I for purposes of education, the following sections and 
 asions shall take etfect as the law of this State, on the 
 day of July next: 
 
 FIRST DIVISION. 
 
 'ommon School lands — their protection and preservation. 
 
 Sec. 2. That section number sixteen in every township 
 
 ited to the State, by the United States, for the use of the 
 
 .bitants of the townships for the use of schools, and such 
 
 ions and pans of sections as have been or may be grant- g , , , , 
 
 s aforesaid, in lieu of section sixteen, and also the lands 
 
 :h have been or may be selected and granted as afore- 
 
 , for the use of the inhabitants of fractional township? in 
 
 ch there are no section numbered sixteen, or such section 
 
 1 not contain the proper proportion for the use of schools 
 
 ach fractional townships, shall be held and considered as 
 
 mon school lands, and the provisions of this act referring 
 
 ommon school lands, shall be deemed to include and ap- 
 
 to the lands aforesaid. 
 
 EC. 3. The said common school lands shall be under the ^ ^ 
 
 1 • , J J • • Lands under 
 
 iral supermtendence and care .- ,-,„;. ,,.,, ..- 
 
 3f the several counties in whic ^r co'iusycoi^tV; 
 
 thereof may be situated, ai .. nuy iov^us' 
 
 ly in two or more counties, the le.-s of tr.e to*: 
 
 iras relates to the common sc .4 iands, she ' 
 
 d in that county which contai = -• ■?: rf^;; ; 
 
 said lands. 
 
4 
 
 Appointment 
 of trustees 
 
 Trustees, bo- 
 dy politic 
 
 Powers. 
 
 Treasurer 
 give bond 
 
 Action a- 
 gainet 
 
 All monies to 
 be paid to 
 school com'rs. 
 
 ^■tei^ 
 
 atapo to 
 
 Sec. 4. The county commissioners' court in each county, 
 shall, as soon as may be after the passage of this act, ap- 
 point three trustees in each township, to be called the "Trus- 
 tees of 'School Lands" of said township, who shall be inha- 
 bitants and legal voters of ihe township, and whose appoint- 
 ment shall continue for foij|^ years, and until successors are 
 appointed and qualified. 
 
 Sbc. 5. The said trustees shall be a body politic and cor- 
 porate, and may sue and be sued by the name and descrip- 
 tion aforesaid; the said trustees before entering upon the da- 
 ties of their appointments,, shall take an oath before some offi- 
 cer authorized to administer the same, well, and truly and faith- 
 fully to execute the duties of trustees of school lands, accor- 
 ding to la\^, agreeably to the best of their judgment and un- 
 derstanding. 
 
 Sec. 6. The said trustees shall be vested with the follow- 
 ing powers, viz: to appoint a treasurer and require him to 
 perform the duties of clerk, and such other duties as may be 
 imposed by law, or any order of the trustees; to receive by 
 deed or otherwise, and hold for the use of any school or 
 schools in the township, any real estate, personal property, or 
 money, which may be conveyed or delivered lo them for the 
 uses aforesaid. 
 
 Sec. 7. Every treasurer appointed under the provisions of 
 the foregoing section, shall, before entering upon the duties 
 of his appointment, execute a bond with good security, pay- 
 able to the said trustees by their corporate name, in a penal- 
 ty to be fixed by the trustees, conditioned that he will faith- 
 fully discharge all the duties of his appointment according 
 to the laws now or hereafter to be in force; the security shall 
 be approved" by the trustees, and the bond shall be deposited 
 with and kept by the school commissioner of the county, and 
 for any breach in the conditions thereof, an action miiy be 
 maintained against the obligors jointly or severally, and re- 
 coreries may be had thereon until the whole penalty shall be 
 recovered. 
 
 Sec. 8. The trustees shall cause all monies collected or 
 obtained for rents, or recovered for trespasses, or which may 
 otherwise come to their hands for the use of the township to 
 be paid over to the school commissioners of their respective 
 counties, to be applied to the support of schools as hereinaf- 
 ter required. 
 
 Sec. 9, The trustees shall render an account of their re- 
 ceipts and disbursements annually, to the county commission- 
 <-„ ^c their f'snfictive counties, and on failure to do 
 iiable jni severally out of their own estates 
 
 ome to their possession, and joint 
 maintained in the corporate name 
 ;sijip, for tho K-iCovery thereof; such action to be 
 ni\i\i\f \\:^-- (in. ction of the countv commission- 
 
 I.;: 
 
0-- /■■'■ ^ iZ ^ «•' 7 
 
 Trespassing upon Common School Lands. 
 
 ^ Sec. 10. If any person shall, without being authorized, 
 i '^cut, fell, box, bore, destroy or carry awaj any black or white rp 
 
 {/\ walnut; black, white, yellow or red oak; white wood, poplar, lands 
 . i^wild cherry, blue ash, yellow or black locust, chesnut, coffee, 
 v" or sugar tree, orsaplingstanding, growing, or lying upon any 
 common school land, such person shall forfeit and pay for 
 every tree so cut, felled, boxed, bored, or carried away, the 
 sum of eight dollars; and if any person shall, without autho- 
 rity as aforesaid, cut, fell, box, bjre, destroy or carry away 
 any tree or sapling not herein above enumerated, standing, 
 growing or lying upon any common school lands as aforesaid, 
 such person shall forfeit and pay for every such tree or sap- 
 ling so cut, felled, boxed, bored, destroyed or carried away, 
 the sum of three dollars, and the penalties aforesaid shall be 
 recoverable with costs of suit, by action of debtor assump- 
 sit, either in the corporate name of the trustees of school ^"^® i"' ''®" 
 11 /-I 1 • 1 ■ I 1 1 111 1 • covered 
 
 lands of the township to which the land belongs, or by action 
 
 quilam, in the name of any person who will first sue for the 
 same, one half for the use of the person suing, and the oth- 
 er half for the use of the township aforesaid. When two 
 or more persons shall be engaged or concerned in the same 
 trespass, they shall be jointly and severally liable (or the pe- 
 nalties herein imposed. 
 j Sec. 11. Every trespasser upon common school lands 
 
 shall be liable to indictment, and upon conviction, to be lined j[""ictment 
 
 ' . ^ . , I „ior trespass 
 
 in not less than three nor more than six times the amount of 
 
 injury occasioned by such trespass, and shall stand commit- 
 ted as in other cases of misdemeanors; all fines imposed un- ^I'f'*^^'^'^^" 
 der the provisions of this section, shall be paid to the school 
 commissioner of the county, for the use of the township in- 
 jured. 
 
 SECOND DIVISION. 
 
 Election of School Commissioners, and sales of Common 
 School Lands. 
 
 Sec. 12. On the first Monday in August next, and on the 
 
 same day every two years thereafter, there shall be elected ^''^'^^'^^^ o' 
 I 1 !•/> 1 r 1 I "■ • 1 ei school com'r 
 
 by the qualified voters oi each and every county in the State, 
 
 a school commissioner for the said county, who shall be au- 
 thorized to execute and perform the duties herein required, 
 he shall, before entering upon his duties, execute a bond pay- t • k ^ 
 able to the people of the State of Illinois, with two or more 
 responsible freeholders as security, to be approved of by the 
 county commissioners' court, in a penalty of not less than 
 twelve thousand dollars, and with such increase as the court 
 may direct, having regard to the nature and extent of du- 
 ties and responsibilities, conditioned that he will faithfully 
 
perform all the duties of the office of school commissioner 
 for the said county, according to the laws now, or which may 
 hereafter be in force, by which bond the obligors shall be 
 bound jointly and severally for the performance of the con- 
 ditions thereof, and upon which an action or actions maty be 
 maintained for the use of any township or fund injured by 
 any breach thereof, and joint actions may be maintained 
 to the use of two or more funds. 
 
 Sec. 13. The election provided for in the foregoing sec- 
 Election and {iQn^shai[ he held and the returns thereof shall be made in con- 
 comV°^ °^ nection with the election of county commissioners, and all 
 contests in relation to said election, shall be decided as in 
 the cases of contested elections for the office of sheriff or 
 coroner. 
 Vacancies ^^^' ^'^' When any vacancy shall occur in the office of 
 
 how filled school commissioner of any county, the county commission- 
 ers' court of such county shall appoint some competent per- 
 son to fill the vacancy until the election snd qualification of 
 another person, the person so appointed, shall give bond with 
 ^ security as is required of persons elected to said office: Pro- 
 
 Proviso, vided, however, That when a vacancy occurs within twelve 
 months of the time of the biennial election provided for in 
 Term of office this act, the person appointed shall continue in office until 
 such election, and the qualification of the person elected. 
 . Sec. 15. When any such vacancy shall occur more than 
 
 year before e-t^^'^^ months previous to the time provided for the 
 lection biennial election, the vacancy shall be filled by election as is 
 
 provided in cases of vacancies in the office of county com- 
 missioners. 
 
 Sec. 16. The said commissioner shall make sale of the 
 Salj of lands common school lands held for the use of each township in 
 his county; upon the terms, and in the manner required by 
 Township '^^' ^^ ^'^'^^' ^^^" ^^^ funds of the township, apply the in- 
 funds terest accruing upon township funds to the support of schools, 
 
 and perform such other duties as may from time to time be 
 required of him; said commissioner shall also attend to the 
 collection of all demands in favor of the several townships 
 in their counties, and to the settlement of the accounts of 
 trustees, and whenever necessary to the prosecution of suits 
 for the recovery of demands in favor of townships, and all 
 monies collected shall be faithfully applied, and used as re- 
 quired by law. 
 
 Sec. 17. The said commissioner shall execute a new bond 
 annually, conditioned as required in the first bond, but the 
 
 . °™,V" ^^'^ execution of a new bond shall not release or impair the lia- 
 
 bond annu- ... , i i • • i i r 
 
 ally bility upon the lormer bond existmg at, and beiore the de^ 
 
 livery of the new one, 
 
 P ,, Sec. 18. The said commissioner shall be subject to remo- 
 
 removed val by the county commissioners' court for misapplication of 
 
 , f the funds, failure to make reports as required by law without 
 
'7 
 
 a reasonable excuse, failure to execute bond with good secu- 
 rity as required bj law, or for any other palpable violation of 
 law or omission of duty. 
 
 Sec. 19. If at any time the county commissioners' court Additional 
 shall have reason to believe that the security of the school ^°^^ 
 commissioner is insufficient, by reason of insolvency or oth- 
 erwise, said court shall require the commissioner to execute 
 another bond with additional security, in such penalty as 
 shall be deemed sufficient, conditioned as the first bond, and 
 upon failure to give such security the commissioner may be 
 removed from office; the execution of a new bond shall not 
 affect the old one, or the liability of the security thereon. 
 
 Sec 20. The said commissioner shall provide well bound d , , r 
 books for the foUowin g purposes : First. A book in which he cord " 
 shall record at length all petitions presented to him for the 
 sale of common school lands, and the plats and certificates 
 of valuation made by or under the direction of the trustees 
 of school lands, and all the affidavits in relation to the same. Record of sale- 
 Second. A book in which he shall keep a list of all sales of of land, &c. 
 school lands, v^^hich list shall contain the date of sale, names 
 of purchasers, quantity and description of lands sold, and the 
 sum sold for. Third. A book in v^^hich he shall keep a regu- 
 lar account of money received and paid or loaned out. And 
 fourth, A book in which he shall keep a statement of money 
 loaned, showing the date of each loan, the person to whom 
 loaned, the time for which the loan was made, the rate of in- 
 terest, names of securities when personal security is giv- 
 en, or in case of real estate, a description of the same, 
 which books shall be paid for out of the county treasuries of 
 the counties in which they are used; the accounts of each 
 township and fund, shall be kept separate, as well as the list 
 of sales. 
 
 Sec. 21. When the inhabitants of any township shall de- Petition for 
 sire the sale of the common school lands of the township, ^^'® 
 they shall present a petition to the school commissioner of 
 their county, requesting a sale thereof, which petition shall 
 be signed by at least two-thirds of the white male inhabitants 
 of the township, over twenty-one years of age. The signing 
 of the petition must be freely and voluntary, in the presence 
 of two citizens of the township, after the true intent and 
 meaning thereof shall have been made known and explained 
 to each petitioner; when the petition shall have been so 
 signed, an affidavit shall be endorsed thereon, or thereto at- 
 tached, by the two citizens in whose presence the same was 
 signed, proving the signing in the manner aforesaid, and the 
 said petition with the affidavits aforesaid, shall be delivered 
 to the commissioner for his action thereon: Provided, That ^'"''^'^** 
 no sale shall be made of any whole section of school lands, 
 unless the township to which it belongs contains at least fif- 
 ty inhabitants. 
 
Affidavit of Sec. 23. When a petition shall be presented to a school 
 m a itants commissioner for the sale of common school lands as provided 
 for in the preceding section, he shall be authorized to receive 
 the affidavits of reputable citizens of the township as to the 
 number of white male inhabitants over twenty-one years of 
 age, and if it shall appear from such affidavits that two-thirds 
 of the whole number have signed the petition, the commis- 
 sioner shall proceed to sell the lands as herein required. 
 Lands of frac. Sec. 23. School lands granted and held for the use of 
 ^°ips mav^be ^'^^^^^'^*'^^' townships, may be sold when the number of inha- 
 sold. ' bitants in such fractional township shall bear as large a pro- 
 portion to the quantity of school lands granted, as the num- 
 ber of fifty bears to an entire section of land. 
 ' Sec. 24. When the requisite petition and affidavits have 
 Subdivisionof^een furnished to authorize a sale of common school land, 
 lands. the school commissioner shall notify the trustees of school 
 
 lands thereof, and said trustees shall immediately pro- 
 ceed to subdivide the said lands into tracts or lots, in such 
 form and quantity as will best suit purchasers, and produce 
 the largest amount of money; and after making such subdi- 
 vision, a correct plat of the same shall be made, representing 
 Lhe whole land, and the divisions thereof, with each lot num- 
 bered and marked, so as to enable purchasers to identify the 
 same, and so as to perpetuate the boundaries thereof. The 
 valuation. trustees shall then fix a value upon each lot; having regard 
 to the terms of sale, and attach to the plat a certificate veri- 
 fying the correctness of the plat (stating the value of each 
 lot per acre, or by the lot in case the lot contains a less quan- 
 tity than one acre) and referring to and describing the lots 
 in the certificate, so as to fully and clearly distinguish and 
 identify each lot; which plat and certificate shall be deliver- 
 ed to the school commissioner, and shall govern him in ad- 
 vertising and selling said lands. 
 
 Sec. 25. In subdividing common school lands for sale, no 
 
 No lot more lot shall contain more than eighty acres, and the division 
 
 'ban 8ft acres, may be made into town or village lots, and streets, alleys, 
 
 and roads, may be laid out by the trustees through any of 
 
 Laid out in such lands, for the public accommodation, and such streets, 
 
 )oTs& streets, alleys and roads, being marked and laid down upon the plat 
 
 of the land, shall be sufficient evidence of the dedication 
 
 thereof; and where common school lands have heretofore 
 
 been divided into lots, with streets, alleys and roads passing 
 
 Snet;ts public through the same, such division shall be deemed legal, and 
 
 /uKiwaje. ^j^^ streets, alleys and roads so laid out are hereby declared 
 
 public highways. 
 
 Sec. 26. The terms of selling common school lands shall 
 'rnaids* ^^^^ ^® ^° ^^^ highest bidder for cash, with the privilege, to each 
 purchaser to borrow the amount of his bid for any period not 
 less than one, nor more than five years, upon his paying in- 
 terest, and giving security as in the case of money loaned. 
 
 ':Jl!B!fi. 
 
' 9 
 
 Sec. 27. The place of selling common school lands shall Lands to be 
 be at the court house of the county in which the land is situ- house^' '^""'^^ 
 ated, and upon the reception by the school commissioner of 
 the plat and certificate of valuation of school lands from the 
 trustees, he shall proceed to advertise the said land for sale, 
 or lots as divided and laid off by the trustees, by posting no- Advertise- 
 tices thereof in at least six public places in the county, forty ment. 
 days previous to the day of sale, describing the land, and 
 stating the lime, place and terms of sale; said notice shall also 
 be printed and published four weeks in a newspaper printed 
 in the county where the sale is to be made, if there be any 
 such paper, but if no newspaper is published in the county, 
 the sale shall be made upon posting the notices as aforesaid: 
 Provided^ however^ That notices of such sales may be publish- proyjgo 
 ed in any newspaper having general circulation in the coun- 
 ty, if in the opinion of the commissioner, such notice will 
 produce competition in bidding, or enhance the amount of 
 sales. 
 
 Sec. 28. The order of sale shall be according to the num- Order of sale, 
 bers of the lots, beginning with the lowest number, and pro- 
 ceeding regularly until the whole 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 be continued from day to day un- 
 til completed; the lots shall be offered separately, and each 
 lot cried a sufficient length of time to enable all who desire to 
 bid. Each purchaser failing to comply with the terms of sale, 
 shall be bound to pay the difference between his bid and the 
 price for which the lot may be sold. 
 
 Sec. 29. Upon the closing the sales on any day, each pur- When lands 
 chaser shall pay or secure the payment of the purchase mo- ^°^^^*^^''^^ 
 ney according to the terms of the sale, or in case of his failure 
 to do so by ten o'clock of the succeeding day, the lots pur- 
 chased shall be again offered for public sale, on the same 
 terms as before, and if the valuation shall be bid, shall be 
 stricken off; but if the valuation is not bid, the lot shall be set 
 down as not sold; if a sale is made, the former purchaser shall Former pur- 
 be required to pay the difference between the price sold for chaser to pay 
 and his bid; if a sale is not made he shall be required to pay ^ e'^nc^- 
 the difference between his bid and the valuation of the lot;^ 
 and in case of his failure to make such payment, the sctiool 
 commissioner may forthwith institute an action of debt or 
 assumpsit, in favor of the trustees of school lands of the town- 
 ship for whose use the land was sold, lor the sum required, Act'n against 
 and upon making proof of the facts shall be entitled to judg- purchaser, 
 ment with cost of suit, and if the amount claimed shall not 
 exceed one hundred dollars the suit may be before a justice 
 of the peace, but if more than that sum the action shall be in 
 the circuit court of any county wherein the party may be 
 found. 
 
10 
 
 School lands g^.^^ 39. All lands not sold at public sales as herein pro- 
 private sale, vided for, shall be subject to sale at any time thereafter at 
 valuation, and commissioners are authorized atid required 
 to sell all such lands at private sale upon the terms at which 
 they were offered at public sale. 
 Record of S^^' ^1* Upon the completion of every sale by the pur- 
 sales, chaser, the school commissioner shall enter the same on his 
 sale book, and shall deliver to the purchaser a certificate of 
 purchase, stating therein the name and residence of the pur- 
 chaser, describing the land, and stating the price paid there- 
 Certificates, for, which certificate shall be evidence of the facts therein 
 
 stated. 
 Statement of ^^^- 32. At every regular term of the county commis- 
 aales, &c. sioners' court, each school commissioner shall present to the 
 court of his county, the following statements: First, A state- 
 ment shewing the sales of school lands made subsequent to 
 the preceding term of the court, which statement shall be 
 copied from the sale book, and contain all the facts required 
 to be stated in said book. Second: Statements of the amount 
 of money received, and paid, and loaned out, belonging to 
 each township or fund, under his control, the statement of 
 each fund to be separate. Third: Statements copied from 
 his loan book, showing all the facts in relation to lands which 
 are required to be stated in the loan book. 
 Certificate of gjjc. 33. The said commissioner shall also at the times 
 aforesaid, transmit to the Auditor of Public Accounts a full 
 and exact transcript from his sale book, of all the sales made 
 subsequent to each report. The list of sales filed with the 
 county commissioners, shall be filed and preserved, and shall 
 fi]g(j also be copied by the clerk of said court, in a well bound 
 
 book provided for that purpose, and the list transmitted to the 
 Auditor shall also be filed, preserved, and copied in like 
 manner. 
 Patents for ^^^* '^^' Every purchaser cf common school lands shall 
 land. be entitled to a patent from the State, conveying and assu- 
 
 ring the title. Patents shall be made out by the Auditor 
 from the returns made to him by school commissioners. 
 They shall contain a description of the land granted; shall be 
 Howexecuted in the name of and signed by the Governor, countersigned by 
 the Auditor, with the great seal of State afl&xed thereto 
 by the Secretary of State, and shall operate to vest in the 
 purchaser a sure, perfect and absolute title in fee simple. 
 When patents are executed as herein required, the Auditor 
 shall note on the list of sales, the date of each patent in such 
 manner as to perpetuate the evidence of its date and delive- 
 Patents sent ry, and thereupon transmit the same to the school commis- 
 t o school com. sJQner of the proper county, to be by him delivered to the 
 patentee or his assigns, upon the return of the original certifi- 
 cate of purchase, which certificate, when returned, shall be 
 filed and preserved by the commissioner. 
 
Sec. 35. Certificates of purchase of school lands may be Certificates of 
 
 r T T • T T •, 1 1 purchase 
 
 transrerred and assigned by written endorsement thereon, transferable. 
 
 under the hands of the purchaser, and of each assignee, in 
 the same manner as promissory notes, so as absolutely to trans- 
 fer and vest in each and every assignee successively, all 
 right, title and claim to the land purchased, or such transfers 
 or assignments may be made on a separate paper, in like 
 manner, and with like force and effect; and patents may be 
 issued to any such assignee, upon filing with the Auditor the 
 original certificate and transfers, and making proof of the facts 
 of assignment by the affidavit of one or more credible wit- 
 nesses, taken before a judge, justice of the peace, notary pub- 
 lic, or clerk of a court of record, or a certificate of acknowl- 
 edgement by the assignor or assignors, before any one of the 
 before named officers. 
 
 Sec. 36. Purchasers of school lands, and their heirs and |^"plicate pa- 
 asssigns, may obtain duplicate copies of certificates of yur- cured, 
 chase and of patents, upon filincr affidavits with the Auditor 
 in respect to patents, and with the school commissioner in 
 respect to certificates, proving the loss or destruction of the 
 originals; such copies shall be evidence of the existence of 
 the original. 
 
 THIRD DIVISION. 
 
 Gf the loaning school funds. 
 
 Sec. 37. School commissioners shall loan all monies Monies loan- 
 which shall come to their hands in virtue of their offices, (ex- ed at 12 per 
 cept such interest as may be required to be paid for the sup- ^'^'^'• 
 port of schools,) upon the following conditions: the rate of 
 interest shall be twelve per centum per annum, payable half 
 yearly in advance, the time for which loans may be made Interest to be 
 shall be not less than one, nor more than five years; for all paid semi-an- 
 sums not exceeding one hundred dollars, loaned for one year, °"^ ^' 
 two responsible securities shall be given; for all sums over 
 one hundred dollars, and for all loans for more than one Term of loans 
 year, security shall be given by mortgage on real estate, un- 
 incumbered, in value double the amount loaned, with a con- 
 dition, that in case additional security shall at any time be 
 required, the same shall be given to the satisfaction of the 
 commissioner for the time being. Notes and mortgages 
 shall be payable to "the school commissioner of the county," 
 without inserting the name of the commissioner, for the use 
 of the township or fund to which the money loaned belongs, 
 and such notes and mortgages shall be valid although the name 
 of the school commissioner be not inserted as payee, and the 
 money may be collected thereon by suit or otherwise in the 
 name of the "school commissioner of the county," for the use Proviso 
 stated, without using the name of the commissioner in the 
 prosecution thereof: Provided, however, That notes and mort- 
 
12 
 
 gages in which the name of the school commissioner is inser- 
 ted shall be valid to all intents and purposes. 
 
 Sec. 38. Mortgages to secure the payment of school funds 
 loaned, may be in the form following: 
 
 Form of mort- «i^ j^ g,^ of the county of and State of 
 
 " do hereby grant, convey and transfer to the school commis- 
 
 sioner of the county of for the use of the inhabi- 
 
 tants of township range (or for the use of 
 
 the county school fund of the county of ) the follow- 
 
 ing real estate, (here describe the premises,) which real estate 
 I declare to be in mortgage for the payment of ^ 
 loaned to me by the said school commissioner, and all inter- 
 est that may accrue thereon, to be computed at the rate of 
 twelve per centum per annum until paid; and I hereby cove- 
 nant to pay the said sum of money years from the 
 date hereof, and to pay interest on the same at the rate afore- 
 . said, half yearly in advance; I further covenant that I have a 
 good title to said estate, and that the same is free from all 
 incumbrances; that I will pay all taxes and assessments which 
 may be levied upon said estate, and if said estate is sold to 
 pay the aforesaid debt or any part thereof, I will deliver im- 
 mediate possession to the purchaser. Witness my hand and 
 seal, this day of 18. [l. s.]" 
 
 Upon the breach of any condition or stipulation contained 
 in said mortgage, an action may be maintained, and damages 
 recovered as upon other covenants, but mortgages made in 
 any other form, to secure the payment of school funds, shall 
 be valid, and the rights and remedies thereon shall be the 
 same as if no form had been prescribed for such mortgages. 
 Valueoflands Sec. 39. In estimating the value of real estate mortgaged 
 mortgaged. ^^ secure the payment of school funds, the value of improve- 
 ments liable to be destroyed shall not be included. 
 When securi- Sec. 40. In all cases when the school commissioner shall 
 'y^^"°'Siv^n require^ additional security for the payment of money loaned, 
 and such security shall not be given, the commissioner may 
 sue for and recover the same, and all interest accruing there- 
 on to the date of judgment: Provided^ That proof be made 
 of the said requisition, and of the failure to comply with the 
 same. 
 Shall have Sec 41. In the payment of debts by executors or admin- 
 preference istrators, those due to school funds, whether of the State, 
 county or township, shall have a preference over all other 
 debts, except funeral and other expenses attending the last 
 sickness, not including the physicians bill. -•' ' 
 What "interest Seo. 42. If default be made in the payment of interest 
 m default of(j,je upon money loaned by any school commissioner, or in 
 ^ ^ ' the payment of the principal, interest at the rate of twenty 
 per centum per annum shall be charged upon the amount 
 for which the party is, or may be in default, which shall be 
 
13 
 
 included in the assessment of damages, in suits or actions 
 brought upon the note or mortgage to enforce pajment 
 thereof, and interest at the rate aforesaid maj be recovered 
 in actions brought to recover interest only. 
 
 Sec. 43. School commissioners shall keep an interest ac- Interest acc't. 
 count with each township, showing the dates and amounts of 
 interest received and paid out, and at the end of every year 
 this account shall be balanced by transferring interest not 
 paid, or liable to be paid out, to the principal, and the inter- 
 est thus transierred shall always thereafter be regarded and 
 used as principal. 
 
 FOURTH DIVISION. 
 
 Organization of Common Schools, and application of interest. 
 
 Sec. 44. The interest accruing upon township funds, and 
 all profits arisins; from the use of township lands, and all Interest and 
 -iPii- ,.1 ,1 X J • ^ pronts how 
 
 rents received, shall be applied to the. support and mainte- ^pp]jeji 
 
 nance of common schools, which may be organized and kept 
 according to law. 
 
 Siac. 45. Any number of inhabitants of one or more 
 townships may associate themselves together and purchase, not Association 
 exceeding ten acres of land, and cause the same to 'be con- may purchase 
 veyed to the trustees of school lands in the township wherein ^^^^ 
 the land is situated, by their corporate name, and place 
 thereon a school house, together with any other buildings 
 which they may deem necessary for the keeping in opera- 
 tion a common school, and for the encouragement of learning 
 and science generally, and the said land and improvements, 
 shall be held by the said corporation in perpetuity for the Lands held Ir 
 use of the inhabitants associating and purchasing as afore- peipetuity 
 said, and their successors and assigns forever, and the same 
 shall not be diverted from the use intended, nor used for any 
 purpose than as shall or may ba directed by the persons for 
 whose use the same may be held. 
 
 Sec. 46. There may be organized and kept in operation p^^^ ^^ ^.^ 
 as many common schools in each school district as the in- trict school, 
 habitants thereof desire, and every teacher shall be entitled 
 to an equal proportion of the district funds according to the 
 time and number of scholars taught: Provided, That no ppo^^gg 
 teacher shall be paid more than the amount agreed to be al- 
 lowed by the employers. 
 
 Sec 47. Wiienever a school shall be organized, the em- 
 ployers of the teacher shall meet together at the school Appointmen! 
 house and appoint three of their number as trustees of the of trustees 
 school, and they may then agree upon the plan and manner 
 of conducting the school, and vest the trustees with power 
 to atrend to the execution of such plan, or they may vest the 
 tiustees with power to superintend and direct the conducting 
 and managing said school in such manner as they may deem , 
 
 4 
 
14 
 
 best for the interest of the school; the trustees shall be ap- 
 pointed within ten days after the school shall have been 
 opened, and their term of service shall continue during the 
 Proviso continuance of the school: Provided^ If the school shall be 
 
 continued more than one year, trustees shall be elected at the 
 commencement of each succeeding year. 
 Duties of trus- Sec. 48. Trustees of schools appointed according to the 
 tees foregoing section, shall attend the school from time to time, 
 
 and see that the same is properly conducted; that the teacher 
 keeps regular hours; that the school house is properly sup- 
 plied fuel, and such furniture as may be necessary to the ac- 
 commodation of the scholars; they shall also have special re- 
 gard to the keeping of a schedule by the teacher in such 
 manner as to entitle him to compensation out of the school 
 funds. 
 ™ . Sec. 49. Teachers shall make schedules of the names of 
 
 make sched-^'l^ scholars attending their schools in the form prescribed by 
 Mies this act, and when scholars reside in two or more townships, 
 
 separate schedules shall be kept for each township, and the 
 absence or presence of every scholar shall be set down under 
 the proper date and opposite the name, on every day that 
 the school is open; the absence of a scholar shall be signified 
 by the letter A, and the presence by the letter P. 
 
 Sec. 50. The schedule to be made and returned by the 
 teacher, shall be, as near as circumstances will permit, in 
 the following form, viz: 
 
Q 
 
 "i 
 ta 
 
 s 
 
 00 
 
 p 
 
 B 
 a 
 
 CO 
 
 o 
 s 
 a 
 ? 
 
 O 
 
 o 
 «-« 
 o 
 
 B 
 A 
 m 
 
 Names of scholars 
 residing in township 
 sixteen north, range 
 five west. 
 
 SCHEDULE of a common school kept by A, B. at {here dMme the location of the house in which the school 
 is kept) in township sixteen noHh, range five west, of the third vrincipal meridian, in the county of {Sanga- 
 mon,) and State of Illinois. 
 
 . II 
 
 Form of sche 
 dule 
 
 > 
 
 ►» 
 
 1841. 
 Monday, January 4, 
 
 
 > 
 
 -s 
 
 Tuesday, January 5. 
 
 — 
 
 
 > 
 
 ►s 
 
 Wednesday, January 6. 
 
 
 >fl 
 
 Thursday, January 7. 
 
 
 ►8 
 
 ►8 
 
 Friday, January 8. 
 
 
 >« 
 
 "S 
 
 Monday, January 11. 
 
 
 >fl 
 
 ►8. 
 
 Tuesday, January 12. 
 
 
 >fl 
 
 ►8 
 
 Wednesday, January 13. 
 
 
 "B 
 
 ►8 
 
 Thursday, January 14. 
 
 
 >■ 
 
 ►8 
 
 Fridaj', January 15. 
 
 
 ►8 
 
 ►8 
 
 Monday, January 18. 
 
 ^'^iNk 
 
 ►8 
 
 •B 
 
 Tuesday, January 19. 
 
 
 ►a 
 
 ►8 
 
 Wednesday, January 20. 
 
 
 •fl 
 
 •3 
 
 Thursday, January 21. 
 
 
 13 
 
 ►8 
 
 Friday, January 22. 
 
 
 ►9 
 
 ►8 
 
 Monday, January 25. 
 
 
 >1S 
 
 ►a 
 
 Tuesday, January 26. 
 
 
 >B 
 
 >8 
 
 Wednesday, January 27. 
 
 
 ►d 
 
 ►0 
 
 Thursday, January 28. 
 
 
 "B 
 
 •fl 
 
 Friday, January 29. 
 
 
 Oi 
 
 a 
 
 Total. 
 
 
16 
 
 Certificate of Sec. 51. The teachers shall certify to the correctness of 
 teacher ^^^ schedule. This certificate shall be as near as circunri- 
 
 stances will permit, in the following form: "I certify that the 
 foregoing schedule of the names of the scholars therein na- 
 med, residing in township range is cor- 
 rect. Given under my hand this day of 
 in the year of our Lord one thousand eight hundred and 
 
 J. R., Teacher." 
 
 ^ Sec. 52. The form of certificate to be added by the trus- 
 
 tees, shall be, as near as circumstances will permit, in the fol- 
 lowing form, to-wit: 
 
 F^r^nfo..- STATE OF ILLINOIS, } 
 
 r orm of certi- r~i j /• ?• 
 
 ficate of trus County ot y 
 
 tees. We certify that at a meeeting of the employers of A. B., 
 
 the above named Teacher, held at pursuant to notice 
 
 on the day of in the year we were 
 
 duly appointed trustees of said school, that we have perform- 
 ed the duties of such trustees by visiting said school, and su- 
 perintending the same; that we have examined the foregoing 
 schedule, and find the same to be correct; that the scholars 
 named therein were at the dates of their attendance, residents 
 of township sixteen north, range five west of the ^hird prin- 
 cipal meridian, and that there is due to said teacher for in- 
 structing the scholars named in said schedule at the times 
 tierein mentioned, the sum of dollars and cents. 
 
 ■^jPltness our hands and seals this day of 184 . 
 
 C. D. ) Trustees 
 E. F. V of said 
 G. H. 3 school. 
 
 Close of sche- ^^^' ^^' ^^ closing schedules by teachers, they shall make 
 dules by tea- a list of the names of the scholars attending the school in each 
 chers. district, then add together the number of days which each 
 
 scholar has attended the schools, and set down the total num- 
 ber of days opposite the names of such scholars, he shall then 
 add together their several amounts, and set down the total 
 number at the bottom of the schedule; and when schedules 
 are thus closed, teachers shall certify to the correctness there- 
 of; and the trustees fsjf the school shall carefully examine such 
 schedules, and after c6rre»pting any errors which they may dis- 
 cover, they shall make a certificate thereon, in which they 
 shall state that they are trustees of the school, that they have,. 
 to the best of their skill and understanding attended 
 to the duties of trustees, that they have examined said 
 schedules, and believe them to be correct, and to have 
 been faithfully kept. They shall also state the compensation 
 agreed to be paid the teacher by the employers, and the 
 amount due such teacher, 
 fund^^'^^ow ^^*^^' ^^' '^^^ township funds, subject to be used in paying 
 payable. teachers, shall be paid out half yearly, (viz:) on the second 
 
17 
 
 Mondays of January and Jaly, and schedules of schools shall 
 be made so as to include (he last days of December and June, 
 and such period of time previous to those days, not exceeding 
 six months, as schools may have been kept in operation. 
 
 Sec. 55. In townships not incorporated, the schedules of Schedules »f 
 schools made and certified as herein required shall be P''e- fucorporated. 
 sented to the school commissioner of the county on or beiore 
 the drst Mondays in January and July in each year, and said 
 commissioners sliall, as soon as may be, make an appoitionment 
 of the funds of each district subject to distribution, among the 
 teachers thereof according to the number of scholars and num- 
 ber of (iays taught by each teacher, and pay the same to the 
 teachers, or to the trustees of the school, for the use of the 
 teacher, or when the teacher has been paid by the employers, 
 the trustees shall receive the money for the use of the em- 
 ployers, 
 
 ISec. 56. The employers of the teachers shall agree upon Emploj-ers of 
 the compensation to be allowed, and shall severally be bound teacherB 
 to pay their due proportions of the same; but in making dis- 
 tribution, or dividends of school funds among teachers, the 
 same rate of compensation shall be allowed to each. 
 
 Sec. 57. When from any cause the trustees of a school ^^'j^^tlf ^certify 
 shall fail, neglect or refuse to certify to the correctness of agchedules. 
 schedule kept by any teacher, five of the employers of the 
 teacher may ma^e the certificate required to be made by tl:e 
 trustees. 
 
 FIFTH DIVISION. 
 
 Incorporation of townships. 
 
 Sec. 58, The inhabitants of any congressional township Townships 
 in the State may become incorporated for the purpose of or- p^ated.^"'''" 
 ganizing and supporting common schools, and the trustees of 
 school lands appointed by the commissioners' courts, shall, so 
 soon as the school lands of the township have been offered 
 for sale, cause elections to he held in their respective town- 
 ships to enable the inhabitants to decide for or against being 
 incorporated under the provisions of this act; the time and 
 place of the election shall be appointed by the said trustees, 
 and notice shall be given by posting advertisements thereof 
 at six of the most public places in the township, at least twen- 
 ty days before the day of election, and if there be a news- 
 paper published in the township, said advertisement shall be 
 published in at least three numbers of said paper before the 
 election. The trustees shall attend the election, and conduct 
 the same, two of them acting as judges, and one as clerk. A 
 poll book shall be opened with appropriate heading and co- Poll book, 
 lums, the names of the voters shall be taken down, and their 
 votes for or against the incorporation of the township, set down 
 in the proper column, so as to show how they voted. Every 
 2 
 
18 
 
 inhabitant of the township, wha, at the time of the election 
 would have the ri^ht to vote for a representative to the Gen- 
 eral Assembly, shall be entitled to vote; the vote shall be taken 
 viva voce. The poll shall be opened by nine o'clock in the 
 morning, and shall not be closed until five o'clock in the even- 
 ing, and if all the votes shall not have been taken by five o'clock 
 in the evening the poll shall be continued open until all the votes 
 are taken; and when the votes are all taken, the said trustees 
 shall carefully add up the columns and ascertain and publish the 
 result. They shall also verify the correctness of the poll 
 book, by their certificate thereon endorsed and signed; and if 
 it shall appear from the said election that a majority of all the 
 legal votes given are in favor of being incorporated, the said 
 trustees shall appoint the time and place for holding an elec- 
 tion for tiustees of said township, but if such majority does 
 not appear from said election, no farther proceedings shall be 
 had by the trustees, but the business of the township shall 
 remain as though no election had taken place. 
 When subse- Sec. 59. Elections shall be held as required in the fore- 
 quent elec- going section, previous to the lands in the township being of- 
 held!^ ^ ^fered for sale, upon the written request of ten legal voters of 
 the township, and if, at any election held for the purpose of 
 deciding upon the question of incorporation, the majority shall 
 not vote in favor of being incorporated, subsequent elections 
 shall be held upon the written request of twenty legal voters 
 of the township, and the provisions of the foregoing section 
 shall be pursued at every such election. 
 
 Judges of elec- ^^^' ^^^' ^^"^ ^^^® ^"J ^^^ ^^ more of the trustees shall fail 
 tion may be to attend any election, held under the foregoing sections, the 
 appointed, qj^q q,- more in attendance, shall select from the freeholders 
 and voters of the township, one or more peisons to act in the 
 place of those absent, and in case no one of the trustees at- 
 tend, then three freeholders and voters of the township shall 
 be selected by the voters present to act as trustees during the 
 election; and persons selected as aforesaid shall perform the 
 duties required of the trustees, and the proceedings shall be as 
 valid as if had, or done under the direction of the trustees. 
 Election of ^^^' ^^' When the inhabitants of a township shall have 
 trustees. decided in favor of being incorporated, they shall elect five 
 trustees to superintend the business and affairs of the township 
 in relation to schools and education. The trustees shall 
 be legal voters and freeholders of the township, and if there 
 be time, in the opinion of the trustees superintending the elec- 
 tion, for the election of trustees to be held on the same day 
 that the vote is taken upon *he question of b^ing incorporatedj 
 an election shall be held by the said trustees on the said day, 
 for five trustees as aforesaid, and the vote shall be taken vwa 
 voce^ and the persons having the highest number of votes, shall 
 be elected; but in case there shall not be time to hold said elec- 
 tion of trustees at the time aforesaid, the trustees shall hold 
 said election within ten days thereafter,: and shall give at least 
 
19 
 
 five days notice of said election, by posting notices thereof in 
 at least four public places in the township. 
 
 Powers and duties of Trustees of Schools. 
 
 Sec. 62. The five trustees elected under the provisions of Powers of 
 the foregoing sections, shall be successors to the trustees of ''■"^^^^^• 
 school lands, and shall have and exercise all the rights and 
 powers, and duties of trustees of school lands; thej shall 
 be styled and known in law as "Trustees of Schools" of the 
 township in which they are elected; and all rights of property, 
 and rights and causes of action existing, or vested in the trus- 
 tees of the school lands, for the use of the inhabitants of the 
 township, or any part of them, shall vest in the "Trustees of^^™®"^ ^'J^^ 
 Schools" as successors; and the said township shall, upon the 
 election of trustees as aforesaid, be a body corporate and politic, 
 by thd name and style of "trustees of schools of township 
 range ," according to the numbers, and the corporation shall 
 have perpetual existence, and have the power to sue and be 
 sued, plead and be impleaded, in all courts and places where 
 judicial proceedings is or may be had or allowed; said trustees 
 shall continue in office two years, and until others are elected 
 and enter upon their duties. 
 
 Sec. 63. Upon the election of trustees of schools, the p^u jj^^j^g ^^ 
 trustees of school lands or the persons under whose superin- whom given, 
 tendence the election was held, shall deliver to the school 
 commissioner of the county, the poll books of both elections 
 held by them, with a certificate showing the election of trus- 
 tees, and the names of persons elected, which poll books with 
 the certificates thereon shall be preserved, and shall be evi- 
 dence of the incorporation of the township, as well as of the 
 election of trustees. 
 
 Sec. 64. In townships incorporated as aforesaid, elections Biermial elec- 
 shall be held every two years for the five trustees of schools, tions for trns- 
 and at each election after the first, the trustees in office shall ^®®3- 
 appoint the time and place of holding the same, and two of 
 the body shall act as judges, and one as clerk of such election, 
 and notice of the time and place of the election shall he given 
 by the treasurer, by posting notices thereof in four of the 
 most public places in the township, at least twenty days be- 
 fore the day of election, and the poll books of such elections, 
 with certificates of election endorsed, shall be returned to the 
 school commissioner of the county as required in relaton to 
 the first election. 
 
 Sec. 65. If any vacancy shall occur in the office of school y^^j^jj^.^g 
 trustee in any township in this State, it shall be the duty of how filled.' 
 the tieasurer of the township to give notice to the legal voters 
 of the township by posting up written notices in three of the 
 most public places in the township, that an election will be 
 held to fill such vacancy; said notice shall be put up at least 
 two weeks before the day fixed for such election, the said no- 
 
20 
 
 tice to designate the time when, and place where such, 
 election will be held. 
 TownsJiin ^^^' ^^' Trustees of schools shall have a general superin- 
 
 how Jaid off. tendence over all schools kept in the township; they shall have 
 power to lay off the township into school districts, suited to 
 the wishes, and convenience of a majority of the inhabitants 
 in each district, distinctly describing the same by boundaries 
 and name or number. To purchase libraries lor the use of 
 schools, to provide for the protection and safe keeping of all 
 Ry-laws. funds, and proj)erty of the township; to adopt by-laws direct- 
 ing the mode of conducting schools, and defining and regula- 
 ting the powers and duties of all officers and agents of the 
 corporation; and also, to call meetings of the voters of the 
 township, or of any school district therein, for the purpose of 
 acting upon any question, or subject relating to schools, or 
 the cause of education in the township, 
 c^mrierij Sec. 67. The said trustees shall meet quarterly at some 
 
 jiaeeung "'"convenient place in the township for the transaction of busi- 
 
 ness, at which meetings a majority shall form a quorum. 
 Treasurer to Sec. 68. The said trustees shall, at their first meeting, ap- 
 keep journal, point some competent and qualified voter of the township as 
 treasurer of the board, whose duties shall be to keep a fair and 
 regular journal of the proceedings, actings and doings of the 
 trustees; recording at length all by-laws and any resolution 
 adopted; to act as clerk of any meeting of the voters of the 
 township, and record all the proceedings of such meetings; to 
 receive and take care of, according to law, all the funds 
 , of the township, to loan the funds of the township, and 
 
 pay out the interest for the support of schools; to keep 
 regular accounts of the funds of the township, and to per- 
 form such other duties as may be prescribed by law, or 
 required by the trustees. The treasurer shall continue in 
 office, until the expiration of the time of service of the trus- 
 tees by whom he was appointed, and until the appointment 
 of a successor; but shall be subject to removal by the trustees 
 at any time for any improper conduct. 
 Treasurer to Sec. 69. Every treasurer appointed as aforesaid shall, be- 
 give boml . ^q^q entering upon his duties execute a bond with two or more 
 freeholders as security, payable to the trustees of schools of 
 the township for which he was appointed treasurer, in a suffi- 
 cient penalty to cover all liabilities which maybe incurred, 
 conditioned "that he will faithfully perform all the duties of 
 treasurer of the trustees of schools in township , range 
 
 , according to the laws now, or which may hereafter 
 be in force." The security shall be approved by the trustees 
 of schools; and the bond shall be filed with, and kept by the 
 school commissioner of the county ; and every treasurer ap- 
 pointed subsequent to the first, as herein provided, shall exe- 
 cute bond with security, as is required of the first treasurer. 
 When treas- Sec. 70. Whenever a township shall have become incor- 
 «rer shall re- poratcd, and the bond of the treasarer approved and delivered 
 &C. to the school commissioner, the said treasurer shall receive 
 
iv-M'.i ihe school commissioner, all :o mej in his hands belong- 
 , i«g to the nwnsi)ip; also, all bondb, mortgages, notes, and se- 
 curities of every description, for iriO ley or property due, or to 
 become due the township; and aii i ipers of every description 
 belonging or in anywise pertaining jo the rights or interests of 
 the said township, and the receipt of such treasurer to the 
 lichool con missiCner shall be carefully preserved, and shall be 
 in evidence o[ the farts therein stiii jd, as well in favor of the 
 school coaimissioner, as against the treasurer. 
 
 Loaning Township Funds, 
 
 Sec. 71. Every treasurer of a township shall provide him- Treasurer to 
 self with two well bound books, one to be called a cash book provide books 
 and the other a loan book; he shall charge himself in the cash 
 book with all money received* stating in the charge, from 
 whom, on what account the same was received, and credit 
 himself with all money paid, and loaned; stating in the credit , 
 
 to whom paid and on what account, or if loaned, to whom. 
 He shall enter in the loan book, the name of every person to 
 whom money is loaned; the amount loaned,' the date ot the 
 loan, the rate of interest, the time when payable, the names 
 of the securities, or if real estate be taken, a description of the 
 game. He shall also provide a book, in which he shall record 
 the actings and proceedings of the trustees and the proceed- 
 ings of the inhabitants of the township when assembled in pub- 
 lic meetings; which books shall at all times be subject to the ex- 
 amination and inspection of the trustees, and of any committee 
 appointed by the inhabitants of the township to examine the 
 same. 
 
 JSec. 72. In loaning township funds, and taking security Treasurer u> 
 therefor, treasurers shall be governed by the law prescribing'^^" mnds. 
 and regulating the duties of school commissioner in relation ^ 
 to loans, and the rights and liabilities of persons borrowing 
 money from treasurers, shall be the same as though the money 
 had been borrowed of the school commissioners; notes, bonds, 
 mortgages, ani other securities taken for money or property 
 due or to become due trustees of schools for the ttse of town- 
 ships, shall be payable to the said trustees of schools, by the 
 <:orporatie name, and in such name, suits, actions and com- 
 plaints, 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, 
 upon which a right of action may accrue, to the use of the 
 corporation. 
 
 Sec. 73. The funds of townships shall be kept loaned at Funds kept 
 interest by the treasurers, and the interest arising from the ^'''^"^'^'• 
 funds shall be used under the direction of the trustees in pay- 
 ing teachers of Schools; but whenever money is paid to the Interest, how 
 treasurer, it shall be forthwith loaned, whether it consists of t^Jsposed of. 
 interest or principal, unless the interest shall be required for 
 the use of teachers, within twenty days from the date of 
 its reception, in which case it shall be retained for such use. 
 
oo'nT^' ^^" Sec. 74. Treasurers shall keep a separate account of in 
 terest received and loaned oat, and if, at the end of any year, 
 the whole interest shall not hnve been applied to the suitport 
 of schools, the amount not applied shall be added to the prin- 
 cipal, and shall always thereafter be considered in all respects 
 as principal. 
 SaTemem ' '^'^' -^t ^ny [every] quarterly meeting of the trustec?» 
 
 the treasurer shall exhibit to them a statement of the condi- 
 tion of the funds of the township; and an examination shall 
 be made of the cash and loan book, and interest account; and 
 of the notes, mortgages, and all securities and papers pertain- 
 ing to the business or funds of the corporation. 
 
 Sec. 76. On the first days of July and January, of every 
 Statement of jear, or if that day shall be the Sabbath, on the succeeding 
 interest. ^^^^ ^1^^ treasurers shall state the interest account, so as to 
 ascertain the amount of interest then due on the funds; and 
 the amount so found to be due shall be subject to distribution, 
 for the support of schools: and if the treasurer shall not have 
 w"dist^ributimi ^'^® amount on hand, the same shall be paid out of the first mo- 
 neys received. The trustees shall attend on the said days, and 
 assist in making said interest account, and see that it is cor- 
 rectly made. 
 When treasu- ^^^* '^'^' ^^,^^ ^ treasurer shall resign or be removed or 
 rer resigns, superseded in office, he shall pay over to his successor all mo- 
 ney on hand, or which ought to be on hand, and deliver over all 
 the books, notes, bonds, mortgages, and all other securities for 
 money, and all other papers, books and documents of every 
 description to the township, or in which the corporation may 
 ^iecurities of have au}^ interest whatever. And in case of the death of a 
 treas'r bound, treasurer, his securities and legal representatives shall be 
 bound to comply with the foregoing provisions of this section. 
 Sec. 78. The mode of organizing and keeping in opera- 
 tion common schools in townships incorporated, the appoint- 
 Organization ment of trustees for each school, the keeping and certifying 
 school™"*'" schedules, shall be the same as is provided for in townships 
 not incorporated, except that the schedules of schools shall bo 
 returned to the treasurers of townships, instead of the school 
 commissioner of the county. 
 Abstract of ^^^* ''^* Treasurers of townships shall, before the second 
 schools made Mondays in January and July of every year, make abstracts 
 ^y treasurer from all the schedules of schools returned to them, showing the 
 tees in ^distri- "^"^^ of each teacher, the total number of scholars attending 
 bating funds, each school, and the total number of days taught by each 
 teacher, to be used by the trustees in dividing the school 
 funds. 
 
 Sec. 80. The trustees of schools shall call a meeting of the 
 
 Annual ra;et- inhabitants of every township incorporated under the provi- 
 
 ing of inhabi-sions of this act, once in every year, for the purpose of exhi- 
 
 tants. biting statements of the condition of the school funds of the 
 
 township, and giving information concerning the state of the 
 
 schools, and of the measures adopted by the trustees in the 
 
23 
 
 execution and performance of their duties. Notices shall be 
 given of those meetings as in the case of elections for trustees; ^°*^?^ °^ 
 and at every such meeting the legal voters of the township " 
 
 may adopt such resolutions and prescribe such rules and regu- 
 lations concerning the duties of trustees and the organizing 
 and supporting common schools, as may be deemed necessary 
 to an erficient organization and economical support of com.mon 
 schools-. 
 
 Teachers of Schools, and their qualifi''ations. 
 
 Sec. 81. The " Trustees of Schools," in incorporated 
 townships, an4*' School Trustees," in townships not incorpo- 
 rated, shall have power, and it shall be their duty, on applica- of^teachers*" 
 tion to them for that purpose, to examine any person propo- 
 sing to teach a school in their vicinity, in relation to the quali- 
 fications of such person as a teacher; and they may call to 
 their assistance such parson or persons as they may deem 
 qualified to conduct such examination; or may, in their dis- 
 cretion, appoint a board of examiners for said purpose, to con- ■^^^™^°*''^- 
 sist of not less than three nor more than five persons, and to 
 continue in ofiice until the next appointment of trustees. A . 
 majority of the trustees or the board of examiners being satis- 
 fied that the applicant possesses the requisite qualifications, ^^''*j^°^^^ *" 
 shall give a certificate to that effect, stating the particular 
 branches of science which they find him qualified to teach. 
 And no teacher shall be entitled to receive any compensation ^^^^1 i^o^ 'e- 
 from the school fund until he shall have been examined and aT^exaEwned' 
 received a certificate of qualification, as herein provided. 
 
 Compensation of School Commissioners, Treasurers and Trustees. 
 
 Sec. 8*2. School commissioners shall be allowed and paid, Compensat'n 
 out of the township funds, for their services in receiving and ° °°™™ ^^• 
 recording petitions for the sale of school lands, advertising, 
 selling, making reports, taking security for the purchase mo- 
 ney, or loaning the purchase money, in case it is paid, three 
 per cent, upon the amount of sales: For receiving money 
 which has been loaned and re-loaning the same, two per cent, 
 upon the amount reioaned; and two per cent, upon the amount 
 of all sums distributed and paid to teachers or trustees for the 
 support of schools. And the compensation of treasurers of O^ treasurera. 
 townships shall be the same as that allowed, school commis- 
 sioners for the same services; but the two per cent, for recei- 
 ving a id re-loaning money shall not be allowed unless there 
 has been [an] actual payment and re-loaning to another and 
 different person: Pwvided, however, That trustees of schools proTJso, 
 shall have the right, and it is made their duty, to reduce the 
 compensation of treasurers, if in their opinion the compensa- 
 tion herein allowed is more than is reasonable, or if the inha- 
 bitants of the township, in public meeting, shall request or di- 
 rect such reduction. Trustees of schools shall not be allowed 
 
24 
 
 Pay of trus- any compensation out of the school funds. Trustees of school 
 
 *^®^' lands and their treasurers, in townships not incorporated, shall 
 
 be allowed a reasonable compensation for their services, to be 
 
 fixed by the county commissioners' court, and paid, upon the 
 
 order of said court, out of the funds of the township, 
 
 Regulations in relation to liabilities of Officers and Agents, and 
 to frauds. 
 
 •. u-i't . f ^EC. 83. If any school commissioner of a county, trustee 
 officers. ^^ school lands or ot schools, treasurer, or any other person 
 
 entrusted with the care, control, management or disposition of 
 school funds belonging to the State, or to any county, or town- 
 ship, or 10 any school district, or which may be held for tlie 
 use of any school, shall convert any such funds, or any por- 
 tion thereof, to his own use, with intent to defraud the State, 
 county, township or school, out of the same, he shall be liable 
 to indictment, and, upon conviction, shall be fined in not less 
 than double the amount of money converted, and imprisoned 
 in the county jail not less than one nor m.ore than twelve 
 months, in the discretion of the court. 
 
 Sec. 84. Trustees of srhool lands and of schools, shall be 
 liable, jointly and severally, for the sufliciency of securities 
 Trustees li'i- taken from treasurers; and in cases of judgments against trca- 
 lies of treas'r. surers and their securities, for or on account of any default of 
 such treasurers, on which the money shall not be made, for 
 want of sufficient property whereon to levy executions, aciions 
 on the case may be maintained against the trustees, jointly or 
 severally; and theamount notcollected on sqch judgmentsshall 
 be recovered with costs. 
 
 Sec. 85. The real estate of school commissioners and treasu- 
 _ rers and their securities, shall be bound lor the satisfaction and 
 
 C_/ODfiin p*' vfcc . 
 
 seal estate of pj'iymcnt of all claims and demands against such commission- 
 when liable, ers and treasurers, as such, from the dale of the issuing process 
 against them, in action or suits brought to recover such claims 
 or demands, until satisfaction thereof be made; and no sale or 
 alienation of real estate, by any commissioner, treasurer or se- 
 Lien created curily, as aforesaid, shall defeat the lien created by this sec- 
 Roi defeated j.Jqj^ . ^J^j- ^w ^^^^ singular such real estate, held, owned or 
 property. claimed, as aforesaid, shall be liable to be sold, in satisfaction 
 of any judgment which may be obtained in such action or 
 suits. 
 
 Common School Fund of the State. 
 
 I Sec 86. The common school fund of the State, shall con- 
 sist of the amount due irom the State, according to a state- 
 School fund, ment and settlement of the account between the State and that 
 fund, under the provisions of the act, entitled "An act to pro- 
 vide for the distribution and application of the in (;e rest on the 
 school, college, and seminary iunds," approved, on the seventh 
 day of February, one thousand eight hundred and thirty-five; 
 
2li 
 
 and of all funds which have been or may be received by the 
 State from the United States, for the use or support of common 
 schools; and, pIso, of the money added to the common school 
 fund, which was received from the United States, under the 
 act of Congress, providing for a distribution of the surplus re- 
 venue of the United States, and which was vested in bank 
 stock, by authority of the State. 
 
 Sec. 87. The State shall pay an interest of six per cent. State to pay 
 per annum, upon the amount of the aforesaid common school ^°|®r®8* "^ 
 fund, which interest shall be paid annually, on the first day of^'^^''^ "" ' 
 January, and be applied to the support of common schools, as 
 hereinafter provided. The State shall also pay, at the time 
 aforesaid, an interest of six per cent, per annum, upon 
 the amount due the college and seminary funds; which inter- gJI'^^J^^'m^^Jj^ 
 est shall be loaned to the common school fund, and applied school fund, 
 with the interest on the common school funds, as aforesaid. 
 
 Sec. 88. On the first Monday in January, ii^ every y ear, ^^j^jj^^jj^ 
 next after taking the census of the State, the Audiior of Pub- of interest, 
 lie Accounts shall, under the supervision of the commissioners 
 of the school fund of the State, ascertain the number of inha- 
 bitants in each county in the State, twenty years of age and 
 under; and shall theieupon make a dividend to each county, 
 of the interest due upon the school, college and seminary funds, 
 in proportion to the number of persons in each county, of the 
 age aforesaid, and issue his warrants to the treasurer for the 
 amount due each county, in favor of the school commissioner 
 or other authorized agent thereof; and dividends shall be made 
 according to the proportions ascertained to be due each coun- 
 ty, annually thereafter, until another census shall have been 
 taken, and then apportionments shall be made and continued 
 as aforesaid, according to the last census. 
 
 Sec. 89. The money received by school commissioners, Interest ap- 
 upon Auditor's warrants, issued according to the foregoing sec- portioned to 
 tion, shall be divided among the several townships and frac- ""' ^ P ■ 
 tional townships in each county, according to the number of 
 white children in each township, under the age of twenty 
 years, agreeable to the following provisions of this act: The 
 money shall be paid to the treasurers of incorporated town- 
 ships, and to teachers or trustees in townships not incorpora- 
 ted. In cases where teachers have been paid by the employ- 
 ers, the money shall be held for their use; and when the teach- ,p , 
 ers have not been paid by the employers, the money shall be paid hj em- 
 paid by the school commissioners and treasurers directly to the ployersj to be 
 teachers. Payments under this section shall be made at the P^^'^ directly 
 time the mterest on township funds is paid, m January, or so 
 soon thereafter as the funds are obtained from the Stale Trea- 
 surer. 
 
 Sec. 90. In townships where teachers have been paid the y^, . 
 full amount due them, out of the interest on the township to be added to 
 funds, the money paid to treasurers, under the foregoing sec- principal, 
 tion, shall be added to the principal fund of the township, and 
 be loaned and used as principal forever thereafter. 
 
26 
 
 Distribution of School Funds, 
 
 tt-i f-«« ^fAi Sec. 91. It shall be the duty of the letral voters within 
 rectors and each school district laid on bj the trustees, to meet at the 
 term of office, school house, or other suitable place, on the first Saturdij of 
 October next, or so soon thereafter as the township may be 
 incorporated and districts laid off, and on the first Saturday in 
 October, biennially, thereafter, and elect three persons, house- 
 holders within the district, to be styled "School Directors," who 
 shall continue in office for the term of two years and until their 
 Quorum. successors are elected. A majority of the said directors shall 
 constitute a quorum to do business; and the board, when con- 
 Power of di-vened, shall have power to select building places, and to pro- 
 rectors. yj(jg £qp jjjg building of school houses, to furnish them with the 
 necessary accommodations, to employ teachers and fix upon 
 their salaries, to visit schools from time to time, and appoint 
 school visiters, and to make all such rules and regulations as 
 may be necessary and proper, and not contrary to the laws of 
 this State. 
 
 Sec. 92. It shall be the duty of the school directors of 
 List of chil- each school district to furnish the treasurer of the proper 
 ed^t^easurer**' township, by the first Monday in December next, and by the 
 first Monday in December, biennially, thereafter, with the 
 number of all white children, under the age of twenty years, 
 p . residing within the said district: Provided, That "trustees of 
 
 school lands," in townships not incorporated, containing not 
 more than one school district, or their treasurer, shall make the 
 enumeration required by this section, and report to the school 
 commissioner, and receive their distributive share of the school, 
 college and seminary funds, according to the provisions of this 
 Further pro- act: And provided further^ That no compensation shall be al- 
 Tiso. lowed to school directors for any services required to be per- 
 
 formed by this act. 
 
 Sec 93. Trustees of school lands, in townships not incor- 
 Bistricts laid porated, shall lay off their respective townships into school 
 ® ' districts; and should no school directors be elected on the first 
 
 Saturday in October next, they shall immediately appoint 
 three suitable persons, in each school district, who shall have 
 the same powers as school directors in incorporated townships, 
 and be liable to the same penalties. The persons so appointed 
 shall make the enumeration in each district, and report the 
 same to the trustees of school lands, or to their treasurer, and 
 returns shall be made by the trustees or treasurer, to the 
 school commissioner, in the same manner that returns are re- 
 quired to be made by treasurers of incorporated townships. 
 Sec. 94. The treasurer of each incorporated township in 
 Abstract of this State shall, on or before the first Monday in January next, 
 fu^rnis'hed'" ^^ ^"^^ °'^ the first Monday in January, biennially, thereafter, fur- 
 Bchool com'r. nish the school commissioner with an abstract, containing the 
 whole number of white children, under the age of twenty 
 years, residing within his township; and the school commis- 
 
27 
 
 sioner shall apportion the interest arising from the school, col- Apportionm't 
 
 lege and seminary fund, according to the number of children ^^^^^"Ij^p^g^' ^° 
 
 urfcder the age aforesaid, and shall pay over the distributive 
 
 share belonging to each township to the respective treasurers 
 
 thereof or other authorized person, annually. 
 
 Sec. 95. The treasurer of each township shall charge him- y^ .•„ f„^„ 
 ir • , ,, /. 1 1 1 11 1 . ° , Duties ottrea- 
 
 sell with the amount oi the school, college and seminary lundgurers of 
 
 which he may receive from the school commissioner, for each townBhips. 
 
 school district — shall pay to the teachers entitled to the same, 
 
 their respective portions; and shall credit himself with the 
 
 amount paid to the teacher or school directors of each district; 
 
 but no apportionment of money shall be made to any school 
 
 district, unless a return of the number of white children is 
 
 made, according to the provisions of the ninety -second section 
 
 of this act; and it shall be the duty of each treasurer to make 
 
 and keep a record of the boundaries of each school district 
 
 within his township, which shall be subject to the inspection 
 
 of all persons interested. 
 
 Sec. 96. It shall be the duty of treasurers of townships to Returns of 
 lay befora the trustees of schools, at their semi-annual meet- f°.^°°u r ° ^^ 
 ings, in July and January of each year, a record of the returns -trustees, 
 madti by the school directors, according to the ninety-second 
 section of this act, containing the number of all white children, 
 under the age of twenty years, in each school district, within 
 their respective townships; and the trustees shall make the 
 apportionment of the interest and profits arising from the town- 
 ship funds, and the interest arising from the school, college and 
 seminary funds, equally, according to the number of white 
 children, under the age of twenty years, within each school 
 district, respectively. 
 
 Sec. 97. The treasurer of each township, whether incor- 
 porated or not, shall keep the accounts of the several school ■^.*^''°"°'^,°'^ 
 districts in his township separate; but no money shall be paid separate. ^ 
 to teachers, in school districts, unless the directors of such 
 district shall certify to the schedules and number of resident 
 scholars sent to school, and shall also specify the amount actu- 
 ally due to the teacher or the directors; and in case of excess 
 over and above the amount actually due to the teacher or 
 directors of any school district, the same shall be added to and 
 form a part of the school fund of the township. And in all Neglect to 
 cases, when the inhabitants of any school district shall fail or keep schools 
 neglect, for a longer period of time than ten months, iu suc-'^"'" lO months, 
 cession, to have a school kept within the lirnits of their district, [ 
 
 the distributive share belonging to the said district shall be 
 added to and form a part of the school fund of the township, 
 and loaned out as other township funds are: Provided, That Proviso, 
 district funds, in the hands of the treasurer, shall be loaned 
 out, for the time being, in the same manner and on the same 
 terms that township funds are. 
 
 Sec. 98. When two or more schools are kept in any "^r {"". "°f 
 I IT • , .1 11 • 11. • I >i 1 schools in one 
 
 school district, the money belonging to such district shall be district. 
 
^8 
 
 paid to the teachers or directors, in proportion to the number 
 , of resident scholars Jittcnding school, or the school directors 
 shall make such distribution as to them may appear just and 
 equitable. 
 w . Sec. 99. Whenever the situation of the settlements is 
 
 districts shall ^"^'^ '^^ ^^ make it expedient that a school district shall corn- 
 unite for prise por' ions of two or more incorporated townships, such 
 schools district mny be established and its boundaries defined and al- 
 
 tered by the concurrent action of the trustees of the several 
 townships in which such school district is comprised. 
 
 Skc. 100. School directors of districts which are compo- 
 Parts of dis'sed of parts of two or more counties or townships, shall make 
 ceive norti'cm ^^''^''"^ ^^ ^'^® number of white children in each Iractional 
 of funds. part of said district to the treasurer of the pmpcr tow.iship, 
 and shall perform the same du'ies that are required to be per- 
 formed by other school directors, and each fractional part of 
 such district shall receive its respective portion of all money 
 arisinop or pertaining to the county or township to which such 
 fractional part properly belongs. 
 
 n,-,„«.^- Sec. 101. School directors, or cither of them, failing to 
 
 Directors ma- , „ r i •> i • i • i- • 
 
 king false re- make loturns ot the number or children in their distiict ac- 
 
 lurns. cording to the provisions of this fict, or if either of them 
 
 shall knowingly make a talse return, the party offending 
 shall be liable ♦^o a penally of not le«s than ten, nor more than 
 one hundred dollars, to be recovered before any justice of the 
 peace within the precinct, in the name of the "trustees of 
 schools," and which penalty, when so collected, shall be ad- 
 ded to the township fund. 
 Citizens to Sec. 102. In all cases when the township funds can be 
 have prefer- safely loaned, within the limits of the township, the citizens 
 ®"''^' thereof shall have the preference, and it shall be the duty of 
 
 the treasurer to loan out the funds to resi:'ents of the town- 
 Proviso, ship in sums not exceeding one hundred dollars: Provided, 
 That actual purchasers of school hihds may borrow sums 
 over one hundred dollars. 
 
 Sec. 103. In all cases of purchase or donation of land on 
 Conveyance which to erect school houses, the conveyance shall be made 
 of lands. ^^ jj^g trustees of schools, and their successors in office* 
 
 Ferries, Public Highways, SfC, 
 
 Sec 104. That whenever it shall be considered necessa- 
 ry to establish a ferry across any lake, river, creek, or other 
 watercourse, within the limits or upon the borders of this State, 
 p . at any point or place where such lake, river, creek or, other 
 
 right. water course shall pass through or upon any common school 
 
 land, or shall form a boundarj'^ line of such land, the exclu- 
 sive right to establish and keep in operation such ferry, 
 shall be in the township or fractional township, for the use 
 Proviso. of the inhabitants, of which such school lands are or may be 
 held: Provided, That where the school lands are bounded by 
 the stream and situated entirely on one side thereof, the ex- 
 
 I 
 
29 
 
 elusive right hereby vested shall only extend to the establish* 
 ment of a ferry from the side on wtiich the land is situated, 
 but the ferry privileg-^ on both sides may he granted by the 
 proper authorities to the township or fractional township 
 aforesaid. 
 
 Skc. 105. If the township or fractional township having -vvhen ferrj 
 the right to establish a ferry according to the ioregoing shall be gran- 
 section, shall have been, or be incorporated, then the 'e^* 
 ferry license shall be granted to the corporation, and all 
 the rights and emoluments pertaining to, or growing out 
 of the license and privilege, shall be enjoyed forever; but if 
 there be no such incorporation, the license should be granted 
 to the trustees of school lands, appointed by the commission- 
 ers' courts, to be held by them until the incorporation, when 
 the license and all the ferry rights granted or existing shall 
 vest in the corporation, to be held and enjoyed TvS aforesaid. 
 
 Sec. 106. Ferry privileges granted or obtained under the 
 foregoing provisions, shall be leased in the same manner as Ferry privi- 
 common school lands, and the rents shall be collected and^^^^s- 
 applied in the same manner and to the same objects as rents 
 of land. 
 
 Sec 107. When any public road, canal, or other public - 
 work, shall belaid outer constructed over or upon any com-^^™^,S®^ "■' 
 raon school land, so as to injure the same, or lessen the value 
 thereof, damages shall be assessed and paid to the extent of 
 the injury, to the trustees having the care and supervision of 
 the land, for the use of the township interested; and the pro- 
 ceedings in assessing the damages shall be had under the laws 
 of the State, providing for such assessments in reference to the 
 lands of individuals or private corporations. The trustees 
 having the charge or supervision of the land, shall be the par- 
 ty to ttie proceedings, representing the rights and interests 
 of the townships or inhabitants represented. And the right Right of way.. 
 of way for roads, canals and other public works, over and 
 upon common school lands, shall and may be obtained by the 
 proper authorities, by instituting proceedings against trust- 
 tees; or trustees may obtain damages aiising from the open- 
 ing or using lands tor any road, canal or other public im- 
 provement, under and according to the laws regulating the 
 right of way. 
 
 Acts repealed. 
 
 Sec 108. The following acts and parts of acts are hereby , 
 
 repealed: 
 
 "An act to prevent trjspassing by cutting timber," appro- 
 ved, seventeenth February, one thousand eight hundred and ^^^^^.^^1^ j^ 
 nineteen, so far as it rel.ites to sections number sixteen. I819,repealed 
 
 "An act relating to schools," approved, seventeenth Feb- 
 ruary, one thousand eight hundred and twenty-seven. ' ' 
 
 *'An act to prevent persons from trespassing on seminary 
 
30 
 
 Jan. 26, 1826, and school lands," approved, twenty-sixth of January, one 
 thousand eight hundred and twenty-six, so far as it relates to 
 section number sixteen-. 
 
 "An act authorizing the sale of section number sixteen, or 
 
 Jan. 22, 1829. such lands as may be granted in lieu thereof, to the inhabi- 
 tants of such townships for the use of schools," approved, 
 twenty-second of January, one thousand eight hundred and 
 twenty-nine, and the act amending the same, approved, fif- 
 
 Feb. 15i 1831. teenth of February, one thousand eight hundred and thirty- 
 one. 
 
 Mar. 1 1833. "An act to provide for the application of the interest of the 
 fund arising from the sale of school lands belonging to the 
 several townships in this Staite," approved, first March, one 
 thousand eight hundred and thirty-three. 
 
 Feb. 12, 1S33. "An act authorizing a credit on sales of school lands," ap- 
 proved, twelfth of February, one thousand eight hundred and 
 thirty-three. 
 
 Feb. 22, 1833. "An act confirming certain leases of school lands," appro- 
 ved, twenty-second February, one thousand eight hundred 
 and thirty-three. 
 
 Feb. 12, 1835. "An act providing for the security of the school funds," ap- 
 proved, twelfth February, one thousand eight hundred and 
 thirty-five. 
 
 Feb. 7 1835. "An act to amend the act entitled 'An act to provide for 
 the application of the interest of the fund arising fiom the 
 sale of school lands belonging to the several townships in this 
 State,' " approved, first March, one thousand eight hundred 
 and thirty-three, approved, seventh February, one thousand 
 eight hundred and thirty-five. 
 
 Jan. 16,1836. "An act to provide for the distribution and application of 
 the interest on the school, college and seminary funds," ap- 
 proved, seventh February, one thousand eight hundred and 
 thirty-five, and the act amending the same, approved, six- 
 teenth January, one thousand eight hundred and thirty-six. 
 
 Mar. 4, 1837. "An act to amend the several laws in relation to common 
 schools," approved, fourth March, one thousand eight hun- 
 dred and thirty-seven. 
 
 Feb 27 1839. "-^^ ^^^ *" addition to the several acts authorizing and 
 * regulating the sale of school lands," approved, twenty-sev- 
 enth February, one thousand eight hundred and thirty-nine. 
 
 F b ifi I8sq "Ai^ ^ct authorizing ferries on school lands, for the use of 
 ' ' the inhabitants of townships," approved, sixteenth of Febru- 
 ary, one thousand eight hundred and thirty-eight, [1839.] 
 
 Feb. 3 1840. "An act further to amend the several acts in relation to 
 common schools," approved, February third, one thousand 
 eight hundred and forty. 
 
 Operation, construction and effect of this law, 
 
 Com'ra, &c. Sec. 109. School commissioners appointed heretofore, 
 to continue, gj^^j^ continue in ofiice until superseded according to the pro- 
 
31 
 
 visions of this act, and their duties, responsibilities and pow- 
 ers shall be governed by the provisions herein contained* 
 Trustees of school lands heretofore appointed by county com- 
 missioners' courts, shall also continue to discharge the du- 
 ties of their appointments, and shall hereafter be governed 
 and bound by this act. Townships heretofore incorporated, 
 shall, without any further action or proceeding, be considered 
 as incorporated according to the provisions of this act, and 
 the trustees and other officers shall continue to discharge 
 their duties until superseded by elections or appointments, 
 
 but the rights, powers and duties of all such officers shall be ^^S^^^ ^ ^^'^ 
 1,11 • • 1 r -s f 1 1 1 J '1^3 01 omcers, 
 
 regulated by th j provisions hereoi. Leases oi 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 
 the terms prescribed in this act. All contracts made under the 
 laws hereby repealed, shall remain valid, and all rights, reme- 
 dies, defences, and causes of action existing, or which may 
 hereafter arise or exist under or by virtue of said repealed 
 laws, shall continue and remain valid, and shalll be enforced dared valid, 
 notwithstanding the repeal of said laws. 
 
 Approved, February 36, 184L 
 
I N D E x; 
 
 '^Abstracts of schools made by Treasurer, 
 Acts repealed, _ . . 
 
 Accounts of district to be kept separate, 
 Annual bond of school commissioners, 
 report of trustees, 
 meeting of inhabitants, 
 ■ Apportionment of interest, 
 Auditor, certificate of sales to, 
 
 patents to be issued by, - 
 
 Bond of township treasurer 
 
 school commissioner 
 
 additional - 
 
 Treasurer of school lands 
 Books for record - - - 
 
 Common school lands, protection of 
 trespasses on 
 County commissioners superintendents of lands - 
 Commissioners of schools- See school commissioners. 
 
 Debts due school fund to have preference 
 Districts to be laid off . - 
 
 Divisions of law, first 
 
 second 
 
 third 
 
 fourth 
 
 fifth 
 
 Elections, school commissioner 
 
 direcfors . . _ 
 
 trustees _ _ . 
 
 to incorporate townships 
 returns - - - 
 
 Ferries on school lands - . . 
 
 Fines for trespasses on lands 
 
 how applied 
 Forms of morto:ap;es _ . _ 
 
 schcdulr-a of schools 
 Frauds how puni>hod 
 Funds, comnina school fund of State 
 
 township - . _ 
 
 to be kept loanod 
 
 25, 27 
 
 20 
 5 
 7 
 
 13 
 17 
 
 6 
 26! 
 
 18 
 
 17,18 
 
 6 
 
 28, >1 
 
 ■^5 
 
 5 
 
 12 
 
 15,16 
 
 24 
 
 24,25 
 
 6' 
 
 31 
 
IE 
 
 Funds, school, college and seminary - . - 25 
 
 Indictments for trespass - - - 5 
 
 Incorporation of townships . > . 17 
 
 Interest account - - - - 13, 22 
 
 on school fund - - - - 11 
 
 quarterly, statement of - - - 21 
 
 to be paid annually - - - 11 
 
 to draw 12 per cent. - . . 11 
 
 when 20 per cent, may be charged - - 12 
 
 how applied ... - 21 
 
 apportionment of - - -25 
 
 townships . - - 27 
 
 when added to principal - - - 25 
 
 Journal of trustees . . - . 20' 
 
 Judges of election ■> - . - 18 
 
 Lands, certificates of purchase transferable - - 11 
 
 record of sales - - - - 7 
 
 when may be entered at private sale - - 10 
 
 when considered not sold - . • - 9 
 
 order of sale .... 9 
 
 in fractional townships - . _ 8 
 
 common school, county commissioners superintendents of 3 
 
 trespasses on - - - - 5 
 
 trustees of - - - - 4 
 
 sale of - - - - 5 
 
 mortgaged - - - - 11 
 
 report of sales to county court - ~ 10 
 
 valuation of - - - - 8 
 
 subdivision of - - - - 8 
 
 lots and streets may be laid out on - - 8 
 
 time of sale - - - - 8 
 
 place of sale - - - - 9 
 
 advertisement for sale - . » 9 
 
 what considered common school - - 3 
 
 trustees of. See trustees. ^ 
 
 Liens on school lands - - - - 24 
 
 Loans of township funds - - - 6, 11, 21 
 
 terms of - - - - 11 
 
 citizens to have preference for - - 28 
 
 mortgage to secure - - - 11 
 
 Monies to be paid to school commissioner 
 
 loaned, record of - - 
 at 12 per cent. 
 
 Mortgages to secure loans, - - - 11 
 
 - form of - - - - 12 
 
 Organization of schools - • - - - 13, 22 
 
 N^ents for lands how executed - " , " ^^ 
 
10 
 
 , school commissioner - - " l II 
 
 ates, how obtained - - ' ^t 
 
 lie of lands " ' " ' 
 
 . . - - '26 
 
 . - - 29 
 
 lools, how made , . . 27 
 
 by directors - - " ^^ 
 
 lands . - - • ^'^ 
 
 tional - - ' 14 \i 
 
 chools, form of - " " ^'*? ^^ 
 
 '.. ^orporated . - - 17 
 
 pt for ten months . - - 2^ 
 
 more in one district . - - 37 
 
 . . isioner, all monies to be paid to - - 4 
 
 election of - . - p 
 
 to give bond - - " ^ 
 
 vacancy in, how filled - - 6 
 
 term of office - - - 6, o\) 
 
 shall make sale of lands ■■ '- 6 
 
 to loan township funds - - 6 
 
 annual bond - - 6 
 
 may be removed from office - 6 
 
 additional bond - - '^ 
 
 Books for record - - '^ 
 
 Record of sales of lands - - '^ 
 
 ' petition to, for sale of lands - 7 
 
 sales to be entered of record - . 10 
 
 certificates of sale ' - - 10 
 
 to receive patents - - 10 
 
 interest account - - 1«^ 
 
 compensation of - - 23 
 
 liability of '. C - - 24 
 
 estate of, bound - - 24 
 
 Teachers of schools how paid - - - 25 
 
 to make schedules - - - 14 
 
 certificate of - - " 1^ 
 
 compensation - - 'on 
 
 examination ... 23 
 
 certificate of - - - ^^ 
 
 Township fund, how payable - ' - - \^ 
 
 may be incorporated, and how - ' oa 
 
 how laid off - - " "^ 
 
 Treasurer of school lands, how appointed - * 4 
 
 toreceiYfc -iongine' 
 
j ' ^o?r' book 
 
 to loan lunos - 
 
 interest account 
 
 semi-annual report, 
 
 term of oiEfice - -j 
 
 quarterly statement 
 resi<=»'nation or removal -j 
 
 securities of, bound ', , , '' 
 
 to make abstracts from schedules, ot 
 comp'^.nsatioa of - - 
 
 liability - * , j, ' 
 
 list of children to be furnished to 
 to furnish sQhool com'r with g-bstraj , 
 charge himself with funds 
 record of school returns 
 accounts of schools kept separate 
 district funds loaned 
 
 Trespasses on Bchool lands - . " 
 
 - ^ fines for, how received 
 
 persons may be indicted for 
 
 Trastees of fichooUands, how appointed 
 
 created a body politic - 
 
 to appoint treasurer 
 
 shall pay monies to school commiss: > ^ - 
 
 to report annually 
 
 appointment of 
 
 duties of , ', K J 1 
 
 cerlificato of, to teuchcrs' schedule 
 to attend the election to incorporate 
 successors of 
 enumeration of scholars 
 heretofore appointed 
 Trustees of schools, election o^ 
 
 suc'^esJors to trustees of school lands ^ 
 
 Vacancies, how filled • .^ 
 
 no lay off townships - ■%^., 
 
 quarterly meetings - ' ;■:,, 
 
 to appoint treasurer ^ . . ' «, „.„ S,-> 
 
 to call annual meetings of inhabitants — 
 
 to examine teachers - " J'^ 
 
 compensation of • 04 
 
 liable for securities of treasurer , ^^ 
 
 semi-annual meetings of - ■,^, 
 
 journal of - '>■ 
 
 to make interest account - 
 
 form of certificate of 
 
 ii«k 
 
 iv