the: SCHOOL LAW OF ILLINOIS a WITH ANNOTATIONS .^^ iSSUBD BY aLFREO BflYLISS Superintendent of Public Instruction TgAOpfe'^'j ^ COUNCIL > 166 SPRINGFIELD. ILL Phillips Bbos., State Printkbs, 1903. 3 the: SCHOOL LAW OF ILLINOIS WITH ANNOTATIONS A-^ ISSUBO BY HLFRED BAYLISS Superintendent of Public Instruction tTWADCi W ^'ff lcouwal > 1 gf SPRINGFIELD. ILL Phillips Bbos.. Statk Pbimtkbs, 1903. LI?o It 4^ TABLE OF CONTENTS. Page Constitutional provisions 1 ARTICLE I. Sec '1 2 3 4 6 6 SuPT. OF Public Instruction. Election and term of office 6 Ontb— bond 6 Salary— coutineent expenses 6 Duty 6 Priwprs 8 Liability 9 ARTICLE n. County Supbrintkndbnt. I Election— term of office 10 i Oath— bond 10 3 Form of bond 10 4 Llabilitv on bond 11 5 Nhw bond 11 6 Office- supplies 11 7 RepBHled 11 8 VHoani-ifs 11 9 TiniH of service may be limited 12 10 Assistants 12 11 Compensation 12 12 Shall itemize accounts.. 13 13 Duty 13 14 Power 15 16 Books to be kept 15 16 iitf port to county board 16 17 Report to superintendent of public instruction . 16 18 Preparation of trustees' report 16 19 Approval of trea^^urer's bond 17 20 Apportionment of funds 17 21 May lend county funds 17 22 Appeal 18 S3 Delivery to successor 18 ARTICLE III. Trustees of Schools. 1 School township 19 2 Fractional township 19 8 Trusfees of schools 20 4 A body politic 20 6 Election. 22 6 Ti'rmofoffi.'e 22 7 Q'lallfioation 22 8 Notice of election 22 9 Electiin in certain cases 23 10 First meeting 23 11 Judges of election 23 U Voter's qualification 23 Sec. Page 13 Elections, how conducted 23 14 Election may be postponed 24 15 Superintendent to order election, when 24 16 Vacancies 24 17 Tie vote 26 18 Polling place 25 19 Election iu certain townships 25 20 Poll book 25 21 (bounty clerk to furnish list 26 22 Organization 26 23 Term of office of president and treas- urer 26 24 Record of proceedings 26 25 Semi annual meetings— quorum 27 26 Distribution of fuuils 27 27 Funds credited to districts 27 28 Report to county superintendent .... 27 29 Separate enumeration 28 30 Examination of trehs-urer's books.... 29 31 Gifts, grants and donations 29 H2 Sale of school house 30 33 Conveyance of real estate 30 31 Treasurer custodian of bonds 31 35 May purchase real estate iu satisfac- tion of judgment 31 36 P(jwer to maKe settlements 31 37 Power to sell or lease lands 32 38 Township high school 82 39 Ballots for high school election 34 40 Election for board of education 34 41 Powers of board of education 35 42 Two or more townships or districts may join 36 43 Discontinuance of hish school 37 44 Canvass of ballots 37 45 Liability »f trustees 38 46 Districts in newly organized town- ships 38 47 Chnuges in district boundaries 39 48 Petitions 40 49 Change of boundaries in certain dis- tricts 41 50 Filing of petition 41 61 Concurrent action of boards of trus- tees ^2 62 Board of trustees may adjourn 42 63 Consideration of petition 43 64 Appeal to county superintendent .... 44 55 Clerk to transmit record 44 56 Appeals in certain cases 45 67 Filing map and list of taxpayers 46 58 District with bonded debt 48 59 Election in new district 46 60 How conducted 47 61 Organization 47 62 Election in certain cases 47 63 Distribution of funds 47 64 Appraisement of property 48 65 Liability of trustees 49 66 Liability of clerk 49 67 Failure of district to have school for two years 49 68 Dissolution of union district 50 69 Successors to trustees of school lands 50 IV Table of Contents— Contmned. ARTICLE IV. Township Tkeasurer. See. Page 1 Bond— duty 51 2 Treasurei's account 53 3 Terms of loans 65 4 Securities payable to board of trus- tees 56 6 Treasurer may lend surplus funds... 5ti 6 Sfateiuent of towusbiip funds 57 7 Form of mortgage 57 8 lusurauce 57 9 Addliional security 5H 10 Clasis of claim 58 11 Penalty 58 12 Manner of bringing suits 59 13 Custodi»u of funds 59 14 Semi-annual statement 59 15 Annual exhibit 60 16 Statement of districts accounts 60 17 I'eualty 60 18 Orders draw interest, when 60 19 Additional duties 61 20 Liahility 61 21 Delivery to successor 62 22 Compensation 62 ARTICLE V. Board of Directors. 1 Board of three members 63 2 A corporation 63 3 Eligibility 65 4 Vacancy. 65 6 Election— term of office 65 6 Election in new districts 65 7 Vacancies 66 8 Notice of election 66 9 Election in certain cases 66 10 Judges 66 11 Tie vote 67 12 Poll book 67 13 Poll booK in union district t>7 14 Failure to return— t>enalty 67 15 Orijanization 67 16 Quorum 68 17 Records 68 18 Meetings 68 19 Official business 6« 20 President or clerk pro tempore 69 21 Report of organization 69 22 Report to treasurer 69 23 Not to be interested in contracts 6) 24 Not to be intere»«ted in sale of books. 69 25 Penalty 69 26 Duty of hoard of directors 70 27 Additional powers of directors 75 28 Order on treasurer 78 29 Orders in anticipation 79 30 Liability of directors 79 31 School house site 79 32 Compensation for site 81 33 Removal 82 31 Funds— how paid— form of order 82 35 Transfer of pupils— separate sched- ules 82 36 Tuition 82 ARTICLE VL Board of Education. Sec. Page 1 Cities and villages 82 2 Bonrd of education 83 3 Prfsldett 83 4 Duties of president 83 6 Election 83 6 Notice of election 83 7 Failure to ffive notice 84 8 Election— how conducted 84 9 First election— to succeed directors.. 84 to Powers of board of education 84 11 Yeas and nays 87 12 Powers exercised only at meetings.. 87 13 Cimveyances 87 14 School fund subject to order of board 87 15 Special charter may Oe abrogated 87 16 Oriranization under general law 88 17 Bnard in cities of 100. 000 inhabitants. 89 18 Eligibility 92 19 Organization 92 20 Records 93 21 Power with concurrence of common council 92 22 Power of board »2 23 Duty of board 93 24 Powers exercised only at regular meetings 94 25 Conveyances 94 26 Moneys held hv city treasurer 95 27 Limit as to expenditure 95 28 No power given tiy board to be exer- cised by council — 95 29 Certificates granted in certain dis- tricts 95 ARTICLE VII. Teachers. 1 Qualifications 96 2 Mate certitieates 96 3 Teachers' certificates 98 4 Record of teachnrs 98 5 ^^HlHiy— when allowed 98 6 What branches taught 98 7 Examinations 99 8 Kee 99 9 Transmitted monthly to treasurer... 99 10 '\nnual institute 99 11 Time attending institute 100 12 ('are of property K'O 13 Register 100 14 Schedules 101 15 Directors to receive and examine — 103 16 Wages payable niomhly 102 17 School mouth— holiday 103 ARTICLE VIIL Revenue— Taxation. 1 May levy tax annually 103 2 Certificate of special tax 106 3 Return of certificate to county clerk. 112 Table of Contents — Continued. Sec. Page 4 Tax levy when district in two or more counties 113 5 County clerli to compute tax 113 6 Assessment of personal property 113 7 Taxes to be uniform 114 8 Certificate of amount due each dis- trict 114 9 Collector to pay tax to treasurer 114 10 When district in two townships 115 11 Failure to pay— penalty 115 12 Blank boolcs— notices 116 13 Failure to file certificate 116 ARTICLE IX. Bonds. 1 Vote necessary to borrow money 116 2 Registration 119 3 Money to be paid into school treasury 119 4 Election— form of notice 120 5 Judges— clerks— ballots 121 6 Poll-book— return— penalty 122 7 Refunding 122 ARTICLE X. County Clkbk. 1 Clerk to furnish list of trustees 123 2 District boundary changes— record- penalty 123 3 District in two or more counties 123 4 Clerk to furnish valine of taxable property 123 6 Clerk to compute tax— tax books 123 6 County board to audit books of superintendent 124 7 Clerk to record land sales 124 ARTICLE XI. County Board. 1 Power of county board 124 2 Duty of county board 125 S Statement of land sales 126 ARTICLE XII. School Fund. 1 Common school fund 126 2 State to pay Interest 126 3 Apportionment of fund 126 4 Warrants 127 6 Suit against defaulting collector 127 6 Township fund 127 7 School funds— how paid 128 8 Orders 129 9 Union districts 130 10 Funds held by virtue of special char- ter 130 ARTICLE XIIL School Lands. Sec. Page 1 Section sixteen 130 2 Township business — where trans- acted 131 3 Trustees may rent land 131 4 Right of way— depot grounds 131 5 Trespass on school land— penalty.... 131 6 Trespasser liable to indictment 132 7 Penalties— to whom paid 132 8 Petition for sale 132 9 Fractional township 133 10 Division 133 11 Plat 133 12 Size of lots— roads and streets 134 13 Valuation 134 14 Advertisement 134 15 Place of sale 136 16 Terms of sale 136 17 Sale 136 18 Closing sales— payment 136 13 Unsold lands— private sales 136 20 New valuation of unsold lands 136 21 Certificate of purchase— entry 137 22 Annual statement of sales 137 23 Transcript sent to auditor 137 24 Patent for school lands 137 25 Certificate of purchase— duplicates.. 138 26 Real estate taken for debt 138 27 Dedication for streets 139 ARTICLE XIV. Fines and Forfeitubis. 1 To be paid to superintendent 139 2 Collection iiO 3 Justices to enforce collection 140 4 Report of fines-duty of courts 140 5 Penalty for failure to remit fines col- lected 140 6 Penalty for failure to make report..., 141 ARTICLE XV. Liability of School Officers. 1 Of trustees— InsuflBcient security 141 2 Of judges— failure to deliver poll- book 141 3 Of directors — failure to deliver schedtiles 142 4 Of treasurer— failure to perform duty 142 5 Of bondsmen— delivery to successor. 142 6 Conversion of funds— penalty 142 7 Of trustees— sureties of treasurer 143 8 Real estate of school ofiicers 143 9 Of trustees— failure to make returns of children 143 10 Failure to furnish statistics— penalty 143 11 School ofScers responsible for loss of funds 144 1? Appropriation for sectarian purpose. 145 13 Not to be interested in sale of books. 146 14 Excluding colored children— penalty 146- — B S. VI liable of Contents— Continned. ARTICLE XVI. Miscellaneous. Sec. Page 1 Costs— when not to be charsred 146 2 Women eligible to school office 146 3 Bond 146 4 Exclusion for color— penalty 146 5 Preventing child from attending school— penalty 147 6 Payment of funds to township treas- urer 147 7 Construction 147 8 Keport of educational institutions- contents 150 9 Judements-how enforced 151 10 Compensation— exemptions 153 11 Term of officers 153 12 Former acts repealed 153 13 Emergency 155 Special Charters. Board of education appointed in certain cases 156 Board of education elected in certain cases 157 Inspectors elected in certain cases 158 Number of school inspectors increased.. 159 Board of education elected in certain districts 160 Board of education elected in certain districts ..160 Government of schools in annexed terri- tory 161 Page Existing indebtedness 162 Bonds 162 ADDiTiONAL Acts. Numbering school districts 164 Woman suffrage 165 School attendance law 166 Flags 167 Physiology and hygiene 169 Child laDor :. 170 Kindergarten schools 176 Schools tor crippled children 177 Classes for the deaf 178 Manual training in high schools 179 Manual training— apprentices 180 Parental schools 180 Teachers' pension fund 183 Employes pension fund 185 Compensation of judge's and clerks 189 State Teachers' Association... 190 Appendix. University of Illinois 191 Scholarships 191 Normal University 193 Southern Illinois Normal University 196 Northern Illinois State Normal School.. 200 Eastern Illinois State Normal School 203 Western Illinois State Normal School... 207 County normal schools 210 Calendar 212 Table of cases 213 CONSTITUTIONAL PROVISIONS. Article VIII. EDUCATION. Section 1. The General Assembly shall provide a thorough and eflScient system of free schools, whereby all children of this State may receive a good common school education. 1. The free schools of the State are public institutions, and in their management and control, the law contemplates that they should be so man- aged and controlled, that all children within the district, between the ages of 6 and 21 years, regardless of age or color, shall have equal and the same right to participate in the benefits to be derived therefrom. Chase v. Steph- enson, 71-383. 2. This provision of the Constitution was doubtless intended as a limitation upon the power of the Legislature to provide for the maintenance of free schools by local taxation of a different character from that named in the section. In other words, under this section of the Constitution the Legis- lature has the power to enact laws under which a thorough and efficient syg- tem of free schools may be established and maintained by local taxation, in which all the children of the State may receive a good common school educa- tion. Btchards v. Raymond, 92-612. 3. Section 1, article 8 of the Constitution makes it the duty of the Gen- eral Assembly to provide a system of free schooli, but leaves to the Legisla- ture the discretion as to the mode in vfhich the system shall be organized and the officers by whom it shall be controlled and directed, and its affairs administered. The only school officers expressly provided for by the Consti- tution are a county superintendent of schools in each county, and a superin- tendent of public instruction. Plummer v. Yost, 144-68. § 2. All lands, moneys, or other property, donated, granted or re- ceived for school, college, seminary or university purposes, and the proceeds, thereof, shall be faithfully applied to the objects for which such gifts or grants were made. 1. Such donations are made to the State for a specific use. The title to such fund is vested in the State as completely as if the use was not de- clared in the law making the grant and the administration of such fund is left to the State. The State has complete control over it, to administer it as it pleases, in promotion of the objects of the grant. No sovereign state would accept a grant on any other terms. Neither Congress nor any court has ever undertaken to interfere with a State government in the administration of the school funds, arising from Congressional grants. The public faith of the State has ever been, and will ever be, a sure guarantee that these funds will be administered in good faith, and in the most beneficial manner. Greenleaf V. lownship Irustees, 22-236. 2. This provision includes the lands and money embraced in the common school fund, also the college, seminary and university lands and funds in the hands of or under the control of the State. This Constitutional provision amply provides for the preservation of said fund, and clearly pro- hibits the perversion of it for other purposes. Under it, the Legislature has no Constitutional power to appropriate any portion of this fund to defray the expenses of the State, counties or other municipal bodies, than those created for school purposes; neither can the same end be accomplished by the indi- rect means of taxation; because, so much as would be taken from the fund by taxation, would be an unconstitutional perversion of the fund to that ex- tent. It follows then, that this property being a part of the public school fund, it cannot be subject to taxation. City of Chicago v. Ihe PeqpZe, 80-384. 3. The Legislature has no Constitutional power to tax real estate acquired on foreclosure, the school fund having been loaned on mortgage security, where the said fund is held for school purposes only, although the legal title may be held by a city in trust for the use of schools within its limits. Such reality in fact, belongs to the State, and is exempt from tax- ation . Ibid. § B. Neither the General Assembly nor any county, city, town, township, school district, or other public corporation, shall ever make any appropriation or pay from any public fund whatever, any- thing in aid of any church or sectarian purpose, or to help support or sustain any school, academy, seminary, college, university, or other literary or scientific institution, controlled by any church or sectarian denomination whatever; nor shall any grant or donation of land, money, or other personal property ever be made by the State or any such public corporation, to any church, or for any sectarian purpose. 1. A Constitutional mandate can not be circumvented by indirect methods. Under our form of government, church and State are not and never can be united. The former must pursue its mission without the aid of the latter. County of CooTc v. Industrial School jor Girls, 125-540. 2. By Section 1, article 8 of the Constitution, it is made the duty of the State to provide a thorough and efficient system of free schools. If statutes are passed, under which the management of these schools shall get into the hands of sectarian institutrons, then under the theory that they relieve the State of a burden, which it would otherwise be itself required to bear, the prohibition of the Constitution will be powerless to prevent the money of the tax-payers from being used to support such institutions inas- much as they will render a service to the State by performing for it its duty of educating the children of the people. Ibid. 3. It is an untenable position, that public funds may be paid out to help support sectarian schools, provided only such schools shall render a g^uid |9ro g'MO for the payments made to them. The Constitution declares agamst the use of public funds to aid sectarian schools independently of the ques- tion whether there is or is not a consideration furnished in return for the funds so used. Ibid. PERMANENT SCHOOL FUNDS. 4. Statement of the permanent school funds, which can be expended for school purposes. the income alone of School fund proper, being 3 per centum on the net proceeds of the sales of the public lands in the State, one-sixth part excepted Surplus Revenue, bein? a portion of the money received by the State from the General Government, under an act of Congress providing for the distribution of the surplus re venue of the United States, and by act of the Legislature, March 4, 1837, made a part of the common school fund College Fund, being one-sixth part of the 3 per centum fund originally required by act of Congress to be devoted to the establishment and maintenance of a State college or univer- sity. Seminary Fund, being the proceeds of the sales of the Semi nary Lands originally donated to the State by the General Government for the founding and support of a State semi nary. County Funds, created by act of the Legislature. February 7, 1835, which provided that the teachers should not receive from the public fund more than half the amount due them for services rendered the preceding year, and that the sur- plus should constitute the principal of a new fund, to be called the County School fund Township Funds, being the net proceeds of the sale of the 16th section in each Congressional township of the State, the same having been donated to the State for common school purposes by act of Congress in 1818, and of additions thereto. To which add value of school lands unsold and other lands University of Illinois Fund, being proceeds of sales of lands received by An act donating public lands to several states and territories which may provide colleges for the benefit of agriculture and the mechanic arts, passed by Congress July 2. 1862- From sales of land scrip and located lands, made a State liability by act approved June 11. 1897 Land contracts and unsold lands Total. $5,923,095 07 9,571,580 33 $501,992 23 108,000 00 $613,362 96 336,692 32 156,613 32 69.838 72 159,494 27 15.494.676 40 609,992 23 $17,429,569 22 § 4. No teacher, State, county, township, or district school officer shall be interested in the sale, proceeds or profits of any book, appa- ratus or furniture used, or to be used, in any school in this State, with which such officer or teacher may be connected, under such penalties as may be provided by the General Assembly. § 5, There may be a county superintendent of schools in each county, whose qualifications, powers, duties, compensation and time and manner of election, and term of office, shall be prescribed by law. .Article IX. § 3. The property of the State, counties, and other municipal corporations, both real and personal, and such other property as may be used exclusively for ***** school, religious, * * * * * and charitable purposes, may be exempted from taxation; but such exemption shall be only by general law. 1. In order to exempt school property from taxation under the law of 1853, it should be property under the immediate control of the school direc- tors . They should hold it in such a manner that they can use it at all times for the use of the public schools, independent of the will or actions of other persons. They should hold it in fee or by such other estate as would give them the right to possess and control it at all times for the use of the dis. trict. Page v. County Commissioners, 20-644. 2. Land held by the trustees of the University of Illinois, although conveyed to the corporate body, belongs to and is under the entire control of the State, when disposed to exercise the power; and, being property of the State, the Constitution authorizes its exemption from taxation, and the Legis- lature has exempted it. Irustees oj Schools v. Champaign County, 76-184. 3. A fund was donated to the State, in the first place, for the estab- lishment and maintenance of an institution of learning, which this land rep- resents . The State has no intention to part with either the ownership of the property or control of the institution. The Legislature has created a body corporate, as the most convenient mode of controlling the institution, its property and affairs, but the State retains the power of selecting its trustees, and, has powers, through other than trustees, to sell and dispose of the property of the institution, or even repeal its charter, as public policy or the interest of the university may require. Ibid. 4. By the canons of construction all laws exempting property from taxation are to be strictly construed, and all reasonable intendments indulged in favor of the State, and all doubts resolved in its favor and against exemp- tions. The expressioh institution of learning is broad enough to include every description of enterprise undertaken for educational purposes which is of higher grade than the public schools provided for in the statutes, and is not necessarily limited to either public or incorporated enterprises, or to both. Montgomery v. Wyman, 130-17. In this connection see Monticello Female Seminary y. 2he People, 106-398 5. That which is exempt from taxation is the property of the institu- tion of learning, which plainly means the property owned by the institution. The property of and the property owned by an individual or corporation, as commonly used and understood, mean precisely the same thing. No matter where the legal title to the property may be vested, it is sufficient for the operation of the statute if the institution is the ultimate or beneficiary owner. Ibid. 6. It is required by the statute, in order that the property should be exempt from taxation, that it should not be leased by such institutions, or otherwise used with a view to profit. The Constitution provides that prop- erty used exclusively for school purposes may be exempted, by general law, from taxation. The General Assembly, therefore, could rightfully exempt onlj^ such property as is used exclusively for the attainment of the objects of the institution of learning, and it cannot be understood that the statute is broader in its scope than the Constitution itself. Ibid. 7. One claiming property to be exempt from taxation must clearly bring his property within the provisions of the law, since all doubts are resolved against the exemption. McCuUough v. Board of Beview, 183-373. 8. A petition to a board of review asking to hold exempt from taxa- tion property described as a play ground used for the school in the rear of the premises, does not bring the property within section 2 of the revenue law exempting from taxation all public school houses, etc. Ibid. 9. Property described as used for a play ground by a school cannot be held exempt from taxation as the property of an institution of learning, in the absence of any showing that a higher education is given in such school than in public schools. Ibid. 10. A petition to a board of review which alleges that the petitioner, a Catholic bishop, holds the title to premises used as a play ground for a school, without alleging it is held in trust, does not show that the property is the property of the school. Ibid. 11. Property described in a petition to a board of review 'merely as a play ground for a school cannot be regarded as the property of an institu- tion of purely public charity, within the meaning of section 2 of the revenue law. Ibid. 12. Exemption from taxation does not exempt from special assess- ments. The distinction between taxation and special assessment, is clearly made in our present Constitution. While it provides that the Legislature may exempt the property of the State, counties and other corporations from the former, it makes no such provision in regard to the latter, but on the contrary, authorizes the General Assembly to vest the corporate power of cities, towns and villages with power to make local improvements by special assessments, without any restrictions as to the property to be assessed. County of McLea^ V. City of Bloomington, 106-209; Cooley on Taxation, 458. 13. The provisions of section 2, article 8 of the Constitution, de- signed to secure the faithful application of school lands, moneys or other property granted or donated to school, college, seminary or university pur- poses, does not exempt private donations to educational institutions from assessment of benefits for local improvements. That provision was, no doubt, intended to secure the public school fund of the State, from whatever source derived, and not mere private donations to educational institutions, or to private corporations created for educational purposes. University oj Chi- cago V. 2he People, 118-565. Section 12. No county, city, township, school district or other municipal corporation shall be allowed to become indebted in any manner or for any purpose, to an amount, including existing indebt- edness, in the aggregate exceeding five per centum on the value of the taxable property therein, to be ascertained by the last assessment for State and county taxes, previous to the incurring of such in- debtedness. Any county, city, school district or other municipal corporation, incurring any indebtedness as aforesaid, shall before, or at the time of doing so, provide for the collection of a direct annual tax sufficient to pay the interest on such debt, as it falls due, and also to pay and discharge the principal thereof within twenty years from the time of contracting the same. This section shall not be construed to prevent any county, city, township, school district or other municipal corporation from issuing their bonds in compliance with any vote of the people which may have been had prior to the adoption of this Constitution in pursuance of any law providing therefor, 1. It would be difficult t© employ language making it plainer that the prohibition is on each corporation singly, and not on two or more in the ag- gregate. Wilson V. Board of Iruttees, 133-443. 2. The provision of section 12, article 9 of the Constitution, which requires municipal officers incurring any indebtedness to provide for a direct annual tax sufficient to pay the interest and principal in 20 years, is self- executing, and the tax so provide for, does not fall within the items of ex- penses for educational or building purposes mentioned in section 1, article 8 of the school law, even though levied to pay interest and principal on school house bonds. Baltimore & Ohio Southwestern Mailroad Co. v. Ihe People, 195-423. 6 AN ACT TO ESTABLISH AND MAINTAIN A SYSTEM OF FREE SCHOOLS. Article I. STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. Section 1. Be it enacted hy the People of the State of Illinois, represented in the General Assembly: That, at the election to be held on Tuesday after the first Monday of November, in the year of our Lord one thousand eight hundred and ninety, and quadrennially thereafter, there shall be elected by the legal voters of this State, a State Superintendent of Public Instruction, who shall hold his office for four years from the second Monday in January next after his election, and until his successor is duly elected and qualified. 1. A statute making the Superintendent of Public Instruction ex officio a trustee of a normal school, merely enlarges the duties of his office, and does not violate section 5, article 5 of the Constitution, making him ineligible to any other office. People v. Inglis, 161-256. 2. The proviso that no two members of the board of trustees of a normal school shall be residents of any one county, does not have any appli- cation to the Superintent of Public Instruction, who is an ex officio member of said board. Ibid. § 2. Before entering upon his duties, he shall take and subscribe the oath of office prescribed by the Constitution, and shall also execute a bond, in the penalty of twenty-five thousand dollars (125,000) , payable to the People of the State of Illinois, with secur- ities to be approved by the Grovernor, 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 school moneys that may come into his hands by virtue of his office. Said bond and oath, shall be deposited with the Secretary of State, and an action may be maintained thereon by the State at any time for a breach of the conditions thereof. § 3. And the said State Superintendent shall receive, annually? such sum ap may be provided by law, as a salary for the services required under the provisions of this act, or any other law that may be passed, and also all necessary contingent expenses for books, postage and stationery pertaining to his office, to be audited and paid by the State as the salaries and contingent expenses of other officers are paid. § 4. It shall be the duty of the said State Superintendent of Public Instruction — First — To keep an office at the seat of government of the State. Second — To file all papers, reports and public documents trans- mitted to him by the school officers of the several counties, each year separately. Third — To keep and preserve all other public documents, books and papers relative to schools, coming into his hands as State Sup- erintendent, and to hold the same in readiness to be exhibited to the Governor, or to any committee of either house of the General As- sembly. Fourth — To keep a fair record of all matters pertaining to the business of his office. Fifth — To pay over, without delay, all sums of money which may come into his hands by virtue of his office, to the officer or person entitled to receive the same, in such manner as may be pre- scribed by law. Sixth — To counsel and advise in such manner as he may deem most advisable, with experienced and practical school teachers, as to the best manner of conducting common schools. Seventh — To supervise all the common and public schools in the State. Eighth — To be the general adviser and assistant of county super- intendents of schools in this State. Ninth — To address circular letters to county superintendents* from time to time, as he shall deem for the interests of schools, giv- ing advice as to the best manner of conducting schools, constructing school houses, furnishing the same, examining and procuring com- petent teachers. Tenth — To, on or before the 1st day of November preceding each regular session of the General Assembly, report to the Governor the condition of the schools in the several counties of the State; the whole number of schools which have been taught in each county in each of the preceding years, commencing on the 1st of July; what part of said number have been taught by males exclusively, and what part by females exclusively; what part of said whole number have been taught by males and females at the same time, and what part by males and females at different periods; the number of scholars in attendance at said schools; the number of persons in each county under 21 years of age, and the number of such persons between the ages of 12 and 21 years that are unable to read and write; the amount of township and county funds; the amount of the interest of the State or common school fund, and of the interests of the township and county fund annually paid out; the amount raised by an ad valorem tax, the whole amount annually expended for schools; the number of school houses, their kind and condition; the number of townships and parts of townships in each county; the number and description of books and apparatus purchased for the use of schools and school libraries under the provisions of this act, the price paid for the same, the total amount purchased, and what quantity and how distributed, the number and condition of the libraries, together with such other information and suggestions as he may deem important in relation to the school laws, schools and 8 the means of promoting education throughout the State, which report shall be laid before the Greneral Assembly at each regular session. Eleventh — To make such rules and regulations as may be neces- sary and expedient to carry into efficient and uniform effect the pro- visions of this act, and of all the laws which now are or may herein- after be in force for establishing and maintaining free schools in this State. Twelfth—To be the legal adviser of all school officers, and when requested by any such school officers, to give his opinion in writ- ing upon any question arising under the school laws of this State. 1. The School law now in force makes the Superintendent of Public Instruction, the legal adviser of all school officers, and also makes it his duty, when requested by any such officer, to give his opinion in writing upon any question arising under the school laws of the State. Powell v. Board of Edu- cation, 97-375. Thirteenth — To hear and determine all controversies arising under the school laws of this State, coming to him by appeal from a county superintendent, upon a written statement of facts certified by the county superintendent. Fourteenth — To receive and file all proper reports made to him from time to time by the several county superintendents of this State as required by article 2 of this act. Fifteenth — To grant State certificates to such teachers as may be found worthy to receive them, as provided for in section 2 of article 7 of this act. Sixteenth — To be ex officio a member of the board of trustees of the University of Illinois and of the Southern Normal University. Seventeenth — To be ex officio a member of the Board of Educa- tion of the State of Illinois, and to act as secretary thereof. Eighteenth — To report to the Greneral Assembly of Illinois, at its regular sessions, the condition and expenditures of the Normal Uni- versity, and such other information as may be directed by the Board of Education of the State of Illinois or by the General Assembly of this State. Nineteenth — To visit such of the charitable institutions of this State as are educational in their character, and to examine their facilities for instruction, and to prescribe forms for such reports as he may desire from the superintendents of such charitable institu- tions. § 5, The said State Superintendent of Public Instruction shall be clothed with the following powers: First — To direct and cause the county superintendent of any county directors or boards of trustees or township treasurer of any town- ship, or other school officer, to withhold from any officer, township, district or teacher, any part of the common school, or township, or other school fund, until such officer, township treasurer or teacher shall have made all schedules, reports and returns required of him by this act, and until such officers shall have executed and filed all official bonds and accounted for all common school or township or other school funds which have heretofore come into his hands, as required of him by this act. Second — To require the several county superintendents of this State to furnish him with such information relating to their several offices as he may desire to embody in his report to the General As- sembly of this State. Third — To require the board of trustees of each township in this State to make, at any time he may desire, a report similar to the report required to be made by such trustees, on or before the 15th day of July, preceding each regular session of the General As- sembly of this State, as provided for in section 28 of article 3 of this act. Fourth — Upon the recommendation of the county superintendent, or for good and sufficient reasons, to remit the forfeiture of the school fund by any township^which may have failed to make the reports required by law. Fifth — To determine and designate the particular statistics re- lating to schools which the inferior officers shall report to the county superintendent for the use of his office. Sixth — To authorize the several county superintendents to procure such assistance as may be necessary to conduct county teachers' in- stitutes for not less than five days in each year. Seventh — To require annual reports from the authorities of incor- porated towns, townships, cities or districts holding schools by authority of special charters to the same extent as regular school officers are or may be required to make such reports, Eighth — To require the president, principal or other proper officer of every organized university, college, seminary, academy or other literary institution, whether incorporated or unincorporated, or here- after to be incorporated in this State, to make out such report as he may require in order that he may lay before the General Assembly a fair and full exhibit of the affairs and conditions of such institutions and of the educational resources of the State. Ninth — To require the Auditor of Public Accounts to withhold from the county superintendent of any county the amount due any such county for its share of the interest on State school fund, or said county superintendent for his per diem compensation, until the re- port provided for in section 17 of article 2 of this act shall have been furnished as therein required. § 6. The said State Superintendent of Public Instruction shall not be interested in the sale, proceeds or profits of any book, appa- ratus or furniture used, or to be used, in any school in this State, and for offending against the provisions of this section shall be liable to indictment, and upon conviction shall be fined in a sum not 10 less than twenty-five nor more than five hundred dollars, and may be imprisoned in the county jail not less than one month nor more than 12 months, at the discretion of the court. Article II. COUNTY SUPERINTENDENTS. Section 1. On Tuesday next after the first Monday in November A. D., 1890, and quadrennially thereafter, there shall be elected by the qualified voters of every county iu this State a county superin- tendent of schools, who shall perform the duties required by law, and shall enter upon the discharge of his duties on the first Monday of December after his election. 1. The school commissioner is a ministerial officer or agent, appointed by law to do certain things. Kidder v. Irustees, 5 Gilman-191. § 2. He shall, before entering upon his duties, take the oath pre- scribed by the Constitution, and execute a bond payable to the Peo- ple of the State of Illinois, with two or more* responsible freeholders as security, to be approved by the county board or by the judge and clerk of the county court, in a penalty of not less than twelve thou- sand dollars ($12,000) , to be increased at the discretion of the said county board, conditioned that he will faithfully perform all the duties of his office according to the laws which are or may be in force during his term of office. § 3. The bon4 required in the foregoing section shall be in the following form, viz. : State of Illinois, 1 County. J Know all men by these presents, that we, A B, C D, and E F, are held and firmly bound, jointly and severally, unto the People of the State of Illinois, in the penal sum of dollars, to the pay- ment of which we bind ourselves, our heirs, executors and administrators firmly by these presents. In witness whereof we have hereunto set our hands and seals this day of A. D. 18.... The condition of the above obligation is such, that if the above bounden A B, County Superintendent of the county aforesaid, shall faithfully dis- charge all the duties of such office, according to the laws which now are and may hereafter be in force, and shall deliver over to his successor in office all moneys, books and papers and property in his hands, as such County Super- intendent, then this obligation to be void, otherwise to remain in full force and virtue. A B [Seal.] C D [Seal.] E P [Seal.] 11 And which bond shall be filed in the office of the County Clerk. § 4. The obligors in such bond shall be bound jointly and sever- all, and upon it an action or actions may be maintained by the board of trustees of the proper township, or any other corporate body inter- ested, for the benefit of any township or fund injured by any breach of the conditions thereof. § 5. If a majority of the county board shall be satisfied at any . time that the bond of said county superintendent is insufficient, it shall be the duty of such superintendent, upon notice being given to him by the clerk of such board, to execute a new bond, conditioned and approved as the first bond: Provided, that the execution of such new bond shall not affect the old bond or the liability of the securities thereon. § 6. It shall be the duty of the county board of the county to provide the said county superintendent with a suitable office, with necessary furniture and office supplies, as is done in the case of other county officers. 1. Section 7, article 2, was repealed by an act approved June 15, 1893» in force July 1, 1893. In this connection see People v. Mays, 117-257. yp fp y^ ^ 7F ^ ^ § 8. When the office of county superintendent of schools shall become vacant by death, resignation, the removal of the incumbent by the county board or otherwise, the county board shall fill the vacancy by appointment, and the person so appointed shall hold his office until the next election of county officers, at which election the county board shall order the election of a successor: Provided, th&t if a vacancy shall not be filled by the county board within thirty days of the time the vacancy occurs by reason of a tie vote of said board upon the vote to fill the vacancy, or from any other cause, then it shall be the duty of the clerk to the county board to summons the county judge of the county in which the vacancy exists to meet with the county board at a time and place to be designated by the clerk, of which meeting the members of the county board shall have notice; and said county board and county judge, when so notified, shall meet at the time and place designated, of [at] which meeting the county judge shall preside, and in case of a tie vote he shall give the casting vote. Upon the appointment of a person to fill the vacancy of county superintendent of schools, the clerk of the county board shall notify the person so selected and appointed by the board of his selection and appointment, and he shall hold his office until the next election of county officers, at which election the county board shall order the election of a successor. (As amended by an act approved April 22, 1899.) 1. When a county superintendent of schools tenders his resignation in writing, and this resignation is received and filed, the resignation is complete, and is not subject to revocation. Pace v. People, 50-432. 12 § 9. In counties having not more than one hundred (100) schools, the county board may limit the time of the superintendent: Pro- vided, that in counties not having more than fifty (50) schools, the limit of time shall not be made less than one hundred and fifty (150) days a year; in counties having from fifty -one (51) to seventy-five (75) schools, not less than two hundred (200) days a year; and in counties having from seventy-six (76) to one hundred (100) schools, not less than two hundred and fifty (250) days a year. § 10, The county superintendent may, with the approval of the county board, employ such assistant or assistants as he needs for the full discharge of his duties. Such assistants shall be persons of good attainments, versed in the principles and methods of education, familiar with pjiblic school work, and competent to visit schools. Such assistants shall receive such compensation as may b© fixed by the county board. § 11. County superintendents shall receive in full, for all services rendered by them, commissions as follows: Three per cent commis- sion upon the amount of sales of school land, or sales of land upon mortgage, or of sales of real estate taken for debt, including all ser- vices therewith. Two per cent commission upon all sums distri- buted, paid or loaned out by them for the support of schools. For all other duties required by law to be performed by them, four dol- lars (|4) a day for such number of days as shall be spent in the actual performance of their duties, not exceeding the number fixed by the county boards in counties in which the boards are given power to fix the number of days by section 9 of this article of this act, and one dollar ($1) a day, for expenses for the number of days actually spent in school visitation. 1. The per diem allowance to county superintendents of schools may be regarded as compensation and not as fees in the sense that that word is used in section 11, article 10 of the Constitution. That section has no appli- cation and does not operate to repeal the law under which the compensation is fixed. Such a law is not in conflict with the constitution. Jefferson County v. Johnson, 64-149. 2. The act of 1867, fixing the compensation of county superinten- dents, was not repealed by the eleventh section of the tenth article of the Constitution, and that the per diem sllowance to county superintendents might be regarded as compensation and not fees, as that term is used in that instrument. Knox County y. Christianer, 6&-AS3. . Under the statute in force at the time, (1872), a county superin- tendent of schools had no lawful authority to hold a teachers' institute, and thereby charge the county for such service, unless the holding of such teachers' institute had been provided for by the county board. The county board had complete control of this subject, and the superintendent could not act for the county in this regard, without the sanction of the county board. Murray v. Clay county, 81-597. 4. Section 10, article 10 of the Constitution, in speaking of all county ofiBicers manifestly refers to those named in section 8, preceding, and does not include the county superintendents of schools, an office that might or might not be created, but, if created, its compensation was to be prescribed by law. To ascertain what is the compensation of the county superintendent, we must look to the statutes enacted since the adoption of the Constitution. Jimison v. County of Adams, 38A-52. 13 5. Section 5, article 8 of the Constitution provides, that there may be a county superintendent of schools in each county, whose qualifications, powers, duties, compensation and time and manner of election, and term of office, shall be prescribed by law. This provision vests the power of fixing the compensation of county superintendents of schools in the Legislature. Such superintendents do not belong to that class of county officers whose compensation is to be fixed by the county board, as provided in section 10, article X of the Constitution. Jimison v. Adams county, 130-558. § 12. The county superintendents shall present under oath, or affirmation, their itemized bills for their per diem compensation and for the expenses allowed by this article of this act, when visiting schools, together with a report of all their acts as such county super- intendent, or assistant, including a list of all the schools visited, with the dates of visitation, to the county board, at the annual meet- ing of such county board in September, and as near quarterly there- after as such board may hare regular or special meetings, and after the bills have been audited by the county board, the county clerk shall certify to such auditing upon the bills, and transmit them to the Auditor of Public Accounts, who shall, upon receipt of them, re- mit in payment thereof to each superintendent his warrant upon the State Treasurer for the amount certified to be due him. The said Auditor, in making his warrant to any county for the amount due it from the State school fund, shall deduct from it the several amounts for which warrants hare been issued to the county superintendent of said county since the next preoeeding apportionment of the State school fund. § 13. It shall be the daty of each county superintendent of schools in this State — Fh'st — ^To sell township fund lands, issue certificate of purchase, re- port to the county board and State Auditor, and perform all other duties pertaining thereto, as required by article 18 of this act. Second — To register applicants for admission to the State Normal Universities and to the University of Illinois, and to assist in the examination of the same as directed by the State Board of Education or other proper authorities. Third — To visit each school in the county at least once a year, and in the performance of this duty he shall spend at least half the time given to |his office, and more, if practicable, in visiting ungraded schools. Fourth — To note, when visiting schools, the methods of instruction, the branches taught, the text-books used, and the diseipline, govern- ment and general condition of the schools. Fifth — To give teachers and school officers such directions in the science, art and methods of teaching and courses of study as he may deem expedient and necessary. Sixth — To act as the official adviser and constant assistant of the school officers and teachers of his county; and in the performance of this duty he shall faithfully carry out the advice and instruction of the State Superintendent of Public Instruction. 14 Seventh — To cod duct as provided for in section 10 of article 7 of this act, a teachers' institute, and to aid and' encourage the for- mation of other teachers' meetings, and to assist in their manage- ment. Eighth — To labor in every practicable way to elevate the standard of teaching, and improve the cordition of the common schools of his county. Ninth — To examine at least once each year, all books, accounts and vouchers of every township treasurer in his county, and if he finds any irregularities in them he shall at once report the same in writing to the board of trustees, whose duty it shall be to take, immediately, such action as the case demands. Tenth — To examine all notes, bonds, mortgages, and other evidences of indebtedness which the township treasurer holds officially, and if he finds that if the papers are not in proper form, or that the secur- ities are insufficient, he shall so state in writing to the board of trustees. Eleventh — To give notice of the election of trustees in cases such as those provided for in section 15, article 3 of this act. Twelfth — To file and safely keep the poll books and returns of any election required to be returned to the county superintendent by any provision of this act. Thirteenth — To investigate and determine all matters pertain- ing to the change in the boundaries of school districts which may come to him by appeal from the decision of the school trustees, and to notify the township treasurer, from whom the papers relating to the matter were received, of his decision of the matter. 1. On appeal to the county superintendent from the action of the boards of trustees of certain townships rejecting petitions for the formation of a new school district, it is his duty to investigate and determine whether the proposed change will be for the best interests of the districts affected, and his decision is final, in the absence of fraud or a flagrant abuse of his discretion. School Trustees v. School Directors, 190-290. Fourteenth — To give notice of the election of school directors in cases such as are provided for in section 9 of article 5 of this act. Fifteenth. To hold meetings, at least quarterly, for the examin- ation of teachers, as provided for in section 7 of article 7 of this act. Sixteenth — To grant certificates of qualification to such persons as may be qualified to receive them, as provided for in section 3 of article 7 of this act; and to keep a record of all teachers to whom such certificates have been granted, as provided by section 4 of article 7 of this act; and to keep a record of all teachers em- ployed in teaching in his county. Seventeenth — To keep a just and true account of all moneys re- ceived and all moneys paid out on account of the "institute fund," and make report thereof to the county board, as provided for in section 9 of article 7 of this act. 15 Eighteenth— To present to the county board of the county, at the first regular meeting thereof, annually, the report required by section 3 of article 11 of this act. Nineteenth — To notify presidents of boards of trustees and clerks of school districts, on or before Sept. 30, annually, of the amount of money paid by him to the township treasurer, and the date of such payments. Twentieth — To receive and file, on or before the 15th day of July preceding each regular session of the General Assembly, and such other times as may be required by the State or county superinten- dent, a statement from the board of trustees of each township, giving such statistics and information as may be called for. § 14. The said county superintendent shall have power — First — To require the board of truestees of each township in his county to make, at any time he may desire, the report provided for in section 28 of article 3 of this act. Second — To recommend to the State Superintendent the remis- sion of the penalty provided for a failure by the trustees of schools to make the report provided for by law. Third — To renew teachers' certificates at their expiration by his indorsement thereon. Fourth — To revoke the certificate of any teacher for immorality, incompetency or other cause. Fifth — To direct in what manner township treasurers shall keep their books and accounts. Sixth — To bring suit against the county collector for a failure to pay State Auditor's warrant, as provided for in section 5 of article 12 of this act. Seventh^-To remove any school director from office for a willful failure to perform the duties of his office. Eighth — To lease and sell real estate in cases provided for in sec- tion 26 of article 13 of this act, in the manner therein specified. § 15, The said county superintendent shall provide three well bound books, which shall be paid for from the county treasury. These books shall be known and designated by letters A, B, C, for the following purposes: In book "A" he shall record at length all petitions presented to him for the sale of common school lands, and the plats and 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 persons from whom re- ceived, and on what account, and showing whether it is principal or 16 interest; the person to whom loaned, the time for which the loan was made, the rate of interest, the name of the securities, when per- sonal security is taken, or if real estate is taken as security, a de- scription of the real estate; and if paid out, to whom, when, and on what account, and the amount paid out; the list of sales and the account of each township fund to be kept separate. § 16. The county superintendent shall report, in writing, to the county board, at their regular meeting in September of each year, giving first, the balance on hand at the time of the last report and a statement in detail of all receipts since that date, and the sources from which they were derived; second, the amount paid for expenses; third, the amount of his commissions; fourth, the amount distributed to each of the township treasurers in his county; fifth, any balance on hand. He shall also present for inspection at the same time his books and vouchers for all expenditures, and all notes or other evi- dences of indebtedness which he holds officially, with the securities of the same; and he shall give in writing a statement of the condi- tion of the county fund, of the institute fund, and of any township funds of which he may have the custody. § 17. On or before the 15th day of August before each regular session of the General Assembly of this State, or annually, if so re- quired by the State Superintendent of Public Instruction, the county superintendent shall communicate to said State superintend- ent all such information and statistics upon the subject of schools in his said county as the said State superintendent is bound to embody in his report to the Governor, and such other information as the State superintendent shall require. § 18. In all cases where the township board of trustees of any township shall fail to prepare and forward, or cause to be prepared and forwarded to the county superintendent, the information and statistics required of them in this act, it shall be the duty of the said county superintendent to employ a competent person to take the enumeration and furnish such statistical statement, as far as prac- ticable, to the superintendent ; and such person so employed shall have free access to the books and papers of said township to enable him to make such statement; and the township treasurer or other officer or person in whose custody such books and papers may be shall permit such person to examine such books and papers at such times and places as such person may desire for the purposes aforesaid ; and the said county superintendent shall allow, and pay to the person so employed by him, for the services such amount as he may judge reasonable out of any money which is or may come into said super- intendent's hands, apportioned as the share of or belonging to such township; and the said county suerintendent shall proceed to re- cover and collect the amount so allowed or paid for such services, in a civil action before any justice of the peace in the county, or before 17 any court having jurisdiction in the name of the People of the State of Illinois, of and against the trustees of schools of said township in their individual capacity; and in such suit or suits the said county superintendent and township treasurer shall be competent witnesses; and the money so recovered, when collected, shall be paid over to the county superintendent for the benefit of said township, to replace the money taken as aforesaid. § 19. Whenever the bond of any township treasurer approved by the board of trustees of schools, as required by law, shall be delivered to the county superintendent, he shall carefully examine the same, and if the instrument is found in all respects to be according to law, and the securities good and sufficient, he shall endorse his approval thereon, have it recorded in the circuit clerk's office, and file the same with the papers of his office, but if said bond is in any respect defective, or if the penalty is insufficient, he shall return it for cor- rection. When the bond shall have been duly received and filed, the superintendent shall, on demand, deliver to said township treasurer a written statement certifying that his bond has been approved and filed, and that said township treasurer is entitled to the care and cus- tody, on demand, of all moneys, bonds, mortgages, notes and secur- ities, and all books, papers and property of every description belong- ing to said township. § 20, Upon the receipt of the amount due upon the Auditor's warrant, the county superintendent shall apportion said amount, also the interest on the county fund and the fines and forfeitures, to the several townships or parts of townships in |hi8 county, in which townships or parts of townships schools have been kept in accord- ance with the provisions of this act, and with instructions of the State and county superintendents, according to the number of children, under twenty-one years of age, returned to him, and shall pay over the distributive share belonging to each township and fractional township, to the respective township treasurers, or other authorized persons annually: Provided, that no part of the State, county or other school fund shall be paid to any township treasurer or other person authorized by said treasurer, unless said township treasurer has filed his bond, as required by section 1 of article 4 of this act; nor in case said treasurer is reappointed by the trustees, unless he shall have renewed his bond and filed the same as afore- said. 1. In this connection see Pace v. Ihe People, 47-321. § 21. The county superintendent may loan any money, not inter- est, belonging to the county fund, or to any township fund, before the same is called for, according to law, by the township treasurer, at the same rate of interest, upon the same security and for the same length of time as is provided by this act in relation to the township treasurers, and apportion the interest as provided in the preceding section; and notes and mortgages taken in the name of the "county — a S 18 superintendent" of the proper county are hereby declared to be as valid as if taken in the name of "trustees of schools" of the proper township, and suits may be brought in the name of "county superin- tendents" on all notes and mortgages heretofore or hereafter made payable to the county superintendents. 1. It' is the duty of the school commissioner, when he lends money for a longer term than one year, to secure the loan by a mortgage on real estate, which, at a fair and reasonable cash value, is worth 40 per centum more than the amount of the loan, and he must resort to all accessible means of informa- tion, to satisfy himself that the title to the land is in the mortgagor, and is unincumbered. The title must be such that a prudent and careful man would not hesitate to invest his own money upon it, at a full price. He must act with at least as much care and circumspection in securing this school money as a prudent and careful man would exercise in securing his own, re- lying alone upon the title. If the commissioner neglects to do this, then the loan is not authorized by law, and he is, in legal contemplation, as much guilty of violating his official duty as if he had appropriated the money to his own private purposes. People v. Haines, 5 Gilman-528. 2. If the commissioner acts in good faith, and with due caution and circumspection, then he does his duty and incurs no responsibility; but if he lends the money either in bad faith, or without such care and circumspection, then he diverts and misapplies it, and is responsible at once for the full amount thus misapplied. The intention of the law is, and so it is expressly declared, that all sums lent for a longer term than one year, shall be secured by a mortgage on real estate, valued at 40 per centum more than the amount of the loan. If he violates the law in lending the money, and thus incurs liability, he cannot postpone that liability by the terms of that very illegal loan. If he is liable at all, it is for the illegal loan, and necessarily the liability accrues as soon as the illegal act is done. Ibid. § 22. In all controversies arising under the school law, the opinion and advice of the county superintendent shall first be sought, whence appeal may be taken to the State Superintendent of Public Instruc- tion upon a written statement of facts certified by the county super- intendent. § 23. The county superintendent, upon his removal or resigna- tion, or at the expiration of his term of office, (or in case of his death, his representatives,) shall deliver over to his successor in office, on demand, all moneys, books, papers and personal property belonging to the office or subject to the control or disposition of the county superintendent. 1. The money in the hands of the school commissioner is the property of the county, to be used for school purposes, and it is his duty, on going out of office, to deliver it over specifically or in funds of equivalent value to his successor in office. Hamilton v. CooTc County, 4 Scammon-519. 2. A school com-nissioner cannot be compelled by law to suffer any loss, by reason of the faithful discharge of the duties devolving on him in his fiduciary capacity. Any loss growing out of the use, by him, of the funds of the county, in pursuance of his authority as agent, must fall, not on him, but on the county. Where a school commissioner is required by law to ac- cept State bank paper, for debts due the school fund, he may lawfully pay and discharge the balance in his hands, as such school commissioner, in such funds, if they have been received by him, for such debts, unless by reason of his neglecting or refusing to pay them over to his successor in office, or other- wise to disburse them, when required by law to do so, they have depreciated in his hands. Ibid. 19 3. Where a school commissioner has been removed from office, he has no right to acccept from a debtor to the school fund, the amount of his indebtedness, and return to him the notes executed by said debtor, and the mortgage given to secure the same. In a suit against the debtor by the suc- cessor of that officer, ic is held that the payment was made in fraud of the rights of the school commissioner, and cannot avail the defendant. Jameson V. Conway, 5 Gilman-227. Article III. TOWNSHIP TRUSTEES OF SCHOOLS. Section 1. Each congressional township is hereby established a township for school purposes. 1. The references to school townships in the school law, I mean the Congressional townships, which are thereby declared to be established as townships for school purposes. Irustees of Schools v. Ihe People, 161-146. 2. The Legislature may unite or divide townships and tneir school funds, as it thinks best. To say that the Legislature cannot, when it is deemed for the best interests of the cause of education, unite two townships in one, or make a township of parts of several, is asserting an impotency in sovereign state, which would deprive it of the power to discharge the trust, as the best interests of the objects of the trust may frequently require. Crreenleafy. Irustees, 22-236. 3. When a city annexes part of a school township leaving the 16th section, such remainder constitutes a school township, and is entitled to the rents, issues and profits of said section, to be administered by the trustees of schools for its own uses and purposes. People v. Irustees, 86-613. 4. School townships were created and are continued for school pur- poses alone, and not for municipal purposes. They are intended to establish schools, to lend and manage the school fund of the township and to pay the teachers of schools taught in their jurisdiction. This is the purpose of their organization. They were not created to exercise any of the functions of government, and hence, are not municipal in their nature or purpose. People V. Irustees of Schools, 78-136. § 2. Whenever any fractional township contains less than two hundred (200) persons under 21 years of age, the trustees thereof, upon petition of a majority of the adult inhabitants of such frac- tional township, may, by written agreement entered into with the board of trustees of any adjacent township, consolidate the territory, school funds and other property of such fractional township with such adjacent township, and thereafter shall cease to exercise the functions of school trustees for such fractional township; and such territory, school funds and other property, aforesaid, shall thereafter be managed by the board of trustees of such adjacent and consoli- dated township in accordance with the terms of agreement aforesaid, in the same manner as is, or may be, provided by law, for the man- agement of territory, funds and other property of school townships: Provided, that the said written agreement shall be duly signed by a majority of the said trustees, and filed for record by the said trustees in the office of the county clerk of the county in which such consoli- dated township, or the greater part thereof, is situated. (As amended June 21, 1895). 20 § 3. The school business of the township shall be done by three trustees, to be elected by the legal voters of the township, as herein- after provided for. 1. When a body of men are referred to as having power to decide a question, it is always understood, unless otherwise expressly declared, that the majority shall decide. Irustees oj Schools v. Allen, 21-120. § 4. Said trustees shall be a body politic and corporate, by the name and style of "trustees of schools of township No range No. ....," according to the number. The said corporation shall have perpetual existence, shall have power to sue and be sued, to plead and be impleaded, in all courts and places where judicial proceed- ings are had. 1. In respect to quasi corporations, as exist only for public purposes, the Legislature has an unquestionable right to change, modify, enlarge, re- strain or destroy; and may exercise a superintending control over all their money and other property, securing, however, as a matter of good faith, the effects of the corporation, for the use of those for whom it was donated or purchased. The Legislature may also, from time to time, direct in what manner the school funds shall be loaned, upon what security, at what rate of interest, in what currency they shall be received, and by whom they shall be applied. Bush v. Shipman, 4 Scamon-186. 2. Public corporations are but parts of the machinery employed in carrying on the affairs of the State, and they are subject to be changed, modified or destroyed, as the exigencies of the public may demand. The State may exercise a general superintendence and control over them, and their rights and effects, so that their property is not divested from the uses and objects for which it was given or purchased. That the trustees of schools are corporations of this character, and subject to be regulated and controlled by the Legislature, is fully established. Fleece v. Bussdl, 13-27, In this connection see Bradley v. Case, 3 Scammon-585; Barger v. Jones, 3 Scammon-613 . 3. The statute transforms the mass of the inhabitants of a township into a corporation, the head of which is the three trustees elected by them, and directs that the business of the township be transacted by such trustees, and empowers them to sue in their corporate name. Moore v. School Irustees. 19-83. 4. The trustees, representing the inhabitants, the members of the corporation, are the proper parties to sue in relation to the school lands. The State although the real owner of said lands, cannot be made a party de- fendant, nor compelled to sue. Her sovereignty would protect her from be- ing coerced to prosecute or defend. The school commissioner stands in a fiduciary relation to the parties in interest, being a mere agent created by law, and empowered to sell the land for the benefit of the inhabitants of the township. Ibid. 5. Courts of equity will scrupulously examine the conduct of persons acting in fiduciary or trust capacities, and protect the trust property from waste, whether it arise from the actual or constructive fraud of the trustee, acting with the party obtaining the undue advantage, or from the fraud of the latter alone. Ibid. 6. Each Congressional township is established a township for school purposes. The business of the township shall be done by three trustees, to be elected by the legal voters of the township, who, upon their election, as hereinafter provided, shall be a body politic and corporate, by the name and style of trustees of schools of the township. The corporation shall have per- petual existence, and shall have power to sue and be sued, to plead and b« impleaded, in all courts and places where judicial proceedings are had. People V. Bupuyt, 71-651. 21 7. The duties and powers of the trustees are defined to be, amon? other things, the authority to appoint a treasurer, who shall be clerk of the board- to lay off the township into one or more school districts, to suit the wishes and conveniences of a majority of the inhabitants of the township; thev are invested with the title, care and custody of all school houses and school sites* all money tor school purposes in the township goes into the hands of the treasurer; it is the duty of the trustees to apportion all school funds between the several districts in the township. Ibid. 8. Prom the various provisions of the statute, it is apparent that the trus- tees ot schools were created a corporation, or what might more strictly be termed a quast corporation, for the purpose and with the sole and only power of acting in matters pertaining to the public schools of the township. A.I1 other business is foreign to the object for which they were created a bodv corporate. Ibid. ^ 9. The Supreme Court, in passing upon the powers of school officers, have said that they possess only the authority granted by the statute and such as may result by fair implication from what is granted, and have shown a clear purpose in defining these powers to construe them strictly. Watts v McLean, 28A-537. ..u-^^'j The constitutional mandate is, that all civil officers, with exceptions that do not include trustees of schools, shall take and subscribe an oath be- fore entering upon the duties of their respective offices. Such official oath is an essential and necessary qualification for holding the office, and without it, the title to the office fails. Simmons v. Ihe People, 18A-588. In this connec- tion see ScJiool Directors v. 2 he People, 79-511. 11. No act of the Legislature has ever granted the title to the school property and fund irrevocably to any body of persons. It has created cor- porate bodies to handle and control the fund for the use of the people but that body has not parted with the power to control the fund in any manner it may choose, for the use of schools. The State is the real owner of the school tund, to be held m trust for the purposes of the grant. City of Chi- cago V. Ihe People, 80-384. 12. The general principle of law is settled beyond controversy, that the agents or officers of a municipal corporation, cannot bind the corporation by any contract which is beyond the scope of its powers, or entirely foreign to the purposes of the corporation, or which is against public policy. The build- ing of railroads is utterly foreign to the objects and purposes for which the trustees ot schools were created a corporation by public statute. People v. Dupuyt, 71-651. • "^?*j Trustees of schools are not named in the Constitution. They are not included in the municipalities which may be vested with power to assess and collect taxes, and they have never been authorized, by any public law, to assess taxes for any purpose. The term townships in section 5, evidently re- ters to townships formed under the township organization law, and the Legis- lature could only clothe school districts, and not school trustees, with the power of taxation. Irustees v. The People, 63-299. • ^^' c The trustee of schools were not corporate authorities within the mean- ing ot the Constitutional provision. When the Constitution said that the cor- porate authorities of school districts might be vested with the right of taxa- tion, it limited the power of the Legislature to the corporate authoritie? designated: The designation of the particular authorities must exclude all others, or there would be no limitation, Ibid. T "^5" X '^^^ Constitution restricted the use of the taxes to corporate purposes. In deteroaining the declared purpose we must regard alone the object to be accomplished by the school district. The only "design of a school district must be to give instruction. It could never have been contemplated that it should embark in railroad and other enterprises entirely foreign from the aim or its existence. Ibid. 22 16. School corporations, like individuals, must, when they obtain and hold the money of another, be held to refund it. It is an elementary prin- ciple of law, that the action of assumpsit for money had and received for the use of another, will lie whenever the defendant has received money which, in equity, belongs to the plaintiff. Irustees of Schools y. Irustees of Schools, 81-470. 17. Where a promissory note is signed by two persons as school trustees, but which does not purport to be a note given in behalf of the district, such note is the individual note of such persons and not the note of any school corporation. The words school trustees, are simply descriptio personarum. Village of Cahokia v. Butenberg, 88-219. 18. Where such a note is endorsed in blank and delivered to a bank for borrowed money, and the endorser, after the maturity of the note is com- pelled to pay the same, it is held, that the endorser charged himself as security for the makers of the note, and not as security for the district. He must look to the principals for indemnity. He cannot sue the district. In the whole transaction there is no contract or privity between the trustees of schools and himself. Ibid. 19. It would be inequitable for one to hold office under a board of trustees of schools, to hold said board out to the public as a legally constituted body, contract with it, and then, when sued on a contract thus made, set up that the board has no legal existence . The secretary of a board of trustees acted in that capacity for a period of 11 years. As an officer of the board he sanc- tioned the validity of their acts and doings. Under such circumstances, when he contracted to sell a lot for a school house site to a board of directors, knowing, as he did, that the title would go to the trustees, he is estopped from denying the legality of the election of the school trustees. Frich v. Irustees oj Schools, 99-167. 20. The trustees of schools represent the public in respect of all matters confided to them by law, and their action, within the scope of their authority, when acting in conformity with the law, must necessarily be binding on the public, and their acts, when done in obedience to the mandate of a court of competent jurisdiction, must have the same binding force and effect as if performed without such mandate, and upon their own motion and judgment. School Directors v. School Directors, 135-464. § 5. The election of trustees of schools shall be on the second Saturday in April, annually. § 6. At the first regular election of trustees, after the passage of this act, a successor to the trustee whose term of office then expires shall be elected, and thereafter one trustee shall be elected annually. Said trustees shall continue in office three years, and until their suc- cessors are elected and enter upon the duties of their office. § 7. No person shall be eligible to the office of trustee of schools unless 21 years of age, and a resident of the township. And where there are three or more school districts in any township, no two trustees shall reside, when elected, in the same school district, nor shall a person be eligible to the office of trustee of schools and school director at the same time. 1. The right to exercise the office of school direct9r or school trustee, can be inquired into by quo warranto, or original proceedings may be brought up on certiorari and revised. Metz v. Anderson, 23-463. § 8. Notice of the election of school trustee shall be given by the township treasurer, upon the order of the trustees of schools by post- ing notices of such election at least ten days prerious to the time 23 of such election in not less than five of the most public places in said township, which notices shall specify the time and place of election and the object thereof, and may be in the following form, viz: Public notice is hereby given that on Saturday, the day of April, A. D , an election will be held at , be- tween the hours of and of said day, for the purpose of electing school trustee for township No .range No By order of the board of trustees of said township. lownship Ireasurer. § 9. In townships where no election for school trustees has here- tofore been held, or in townships where, from any cause, there are no trustees of schools, the election of trustees of schools may be holden on any Saturday, notice thereof being given as required by section 8 of this article. The first election in such township shall be ordered by the county clerk of the county, who shall cause notice to be given as aforesaid. § 10. In case of an election held, as required by the preceding section, the trustees elected, at their first meeting, shall draw lots for their respective terms of office for one, two and three years; and thereafter one trustee shall be elected annually, at the usual time for electing trustees to fill the vacancy occurring. At all elections after said first election, the said notice shall be given by the trustees of schools, through the township treasurer, as in other elections for trustees. § 11, The trustees of schools of incorporated townships present shall act as judges, and choose a person to act as clerk of said elec- tion. If the trustees (or any of them) shall fail to attend, or refuse to act when present, the legal voters present shall choose from their own number such additional judges as may be necessary. In any township lying within the limits of a city, village or incorporated town, which has adopted the provisions of "An act regulating the holding of elections, and declaring the result thereof in cities, vil- lages and incorporated towns in this State," approved June 19, 1885, the said election shall be held under the provisions of said act. In unincorporated townships, the qualified voters present shall choose, from amongst themselves, the number of judges required to open and conduct said election. § 12. No person shall vote at any school election held under the provisions of this act, unless he possesses the qualifications of a voter at a general election. § 13. The time and manner of opening, conducting and closing said election, and the several liabilities appertaining to the judges and clerks and to the voters, separately and collectively, and the manner of contesting said election, shall be the same as prescribed by the general election laws of this State defining the manner of electing magistrates and constables, so far as applicable, subject to the provisions of this act: Provided, that said election may com- 24 menoe, if so specified in the notice, at any hour between the hours of eight (8) o'clock a. m., and one (1) p. m., and the judges may close such election at four (4) o'clock p. m. 1. If the election of trustees of schools be held under the school law, the Australian ballot act does not apply, while it does apply if such trustee be elected at the same time as the township oflS.cers. People v. Brown, 189-619. 2. The rule seems to be well settled that those provisions of law which fix the time or place of holding elections are to be construed as mandatory and not merely directory. Simons v. Ihe People, 18A-588. 3. Where a specific mode is provided by statute for contesting elections and a specific tribunal is created for that purpose and the method of proceed- ing therein is fixed by law, resort must be had to the remedy thus provided, and the proceedings by information in the nature of a quo warranto will hot be entertained. High on Extraordinary Legal Remedies, section 617. 4. The statute prescribes a mode of contesting the election of trustees of schools, as well as other officers, and the mode thus prescribed is exclusive. The law provides that the manner of contesting the election of school trustees shall be the same as prescribed by the general election laws of this State, and by the statute relating to elections, it is provided that the county court shall hear and determine contests of election of all county, township and precinct officers, with certain exceptions that do not include school trustees. Simons y. Ihe People, IB kr-bSS. § 14. If, upon any day appointed for the election of trustees of schools, the said trustees of schools or judges shall be of opinion that, on account of the small attendance of voters, the public good requires it, or if a majority of the voters present shall desire it, they shall postpone said election until the next Saturday, at the same place and hour, at which time and meeting the voters shall proceed as if it were not a postponed or adjourned meeting: Provided, that if notice shall not have been given of such election, as required by section 8 of this article, then and in that case said election may be ordered as aforesaid, and holden on any other Saturday, notice thereof being given as aforesaid. 1. If within the timerequired, a sufficient number of inhabitants, qualified to vote, organize and hold an ©lection, the person so elected will hold the office of trustee, notwithstanding an adjournment of the election to a different day and date. A subsequent election is invalid, the power of the voters in this regard, having been exhausted at the regular election, at whieh a trustee was duly elected. People v. Kies, 20-474. § 15. If the township treasurer shall fail or refuse to give notice of the regular election of trustees, as required by said section 8 of this article, and if, in case of a vacancy, the remaining trustee or trustees shall fail or refuse to order an election to fill such vacancy, as required by section 16 of this article, then, and in each of such cases, it shall be the duty of the county superintendent to order an election of trustees to fill such vacancies as aforesaid, and all elections so ordered and held shall be valid to all intents and purposes what- ever. § 16. When a vacancy or vacancies shall occur in the board of trustees of schools, the remaining trustee or trustees shall order an election to fill such vacancy, upon any Saturday, notice to be given as required by said section 8 of this article. 25 § 17. In case of a tie vote at any election of trustees of schools, the election shall be determined by lot, on the day of the election, by judges thereof. § 18. In townships where, for general elections, there are more than two (2) polling places, the trustees shall give notice that polls will be opened for such elections in at least two places; in which case at least one of said trustees shall attend at each of said places, and additional judges shall be chosen as provided in section eleven (11) of this article: Provided, there shall be at least one polling place for each 800 legal voters in said township, Should the polling places be in excess of the number of trustees, then the voters at such polling places so in excess shall select from their number the requi- site number of voters, who shall act as judges of said election in the manner provided by said section eleven (11) for the election of trus- tees in unincorporated townships. Said judges shall return the bal- lots and original poll-books, with a certificate thereon, showing the result of the election in said precinct, to the township treasurer of the township in which said election shall be held, whereupon it shall be the duty of the board of trustees of said township, within five days after said election, to meet and to canvass the returns from each pre- cinct, to make out a certificate showing the number of votes cast for each person in each precinct, and in the whole township, and shall file said certificate with the county superintendent of schools as otherwise provided by law. § 19. In counties adopting township organization, in each and every township whose boundaries coincide and are identical with those of the town, as established under the township organization laws, the trustee or trustees shall be elected at the same time and in the same manner as the town officers. In all such townships, if no trustees are elected at the stated town meeting, and when vacancies occur in the board, an election of trustee or trustees shall be ordered by the remaining trustee or trustees of school, through the township treasurer, as provided for in section nine (9) of this article. 1. The presumption obtains that the legislature, by a general law, did not intend to abrogate the provisions of a prior act relating to a special subject, and such repeal will not be effected when there are no negative words used, unless the two acts cannot stand together. People v. Brown, 189-619. 2. Section 19, article 3, of the school law which provides that trustees of schools shall be elected at the same time and in the same manner as town oflSeers, is not repealed by section 1 of the Australian ballot act. Ibid. 3. An election for school trustees held at the time of electing town ofl&cers at the annual meeting is not void because it does not affirmatively appear that the place where the election was held had been designated by the elec- tors at their annual meeting as the place for holding elections, where it has been a custom, acquiesced in for years, to hold the annual meeting and elec- tion at such place, and particularly where it is admitted that no votes were lost because of the location of the voting place. Ibid. § 20. Upon the election of trustees of schools, the judges of the election shall, within ten (10) days thereafter, cause a copy ot the poll-book of said election to be delivered to the county superintend- 26 ent of the county, with a certificate thereon showing the election of said trustees and the names of the persons elected; which copy of the poll-book, with the certificate, shall be filed by said superintend- ent, and shall be evidence of such election. For a failure to deliver said copy of the poll- book and certificate within the time prescribed, the judges shall be liable to a penalty of not less than twenty- five dollars ($25) nor more than one hundred dollars ($100) to be recov- ered in the name of the People of the State of Illinois, by action of assumpsit, before any justice of the peace of the county, which pen- alty, when collected, shall be added to the township school fund of the township. 1. It will be intended that the election was in the proper county, if the re- turns are made to the school commissioner, although it does not appear from the body of the affidavit or the jurat of the same, the name of the county and state in which such election was held. People v. Kies, 20-474. 2. A poll- book which shows the returns of an election for trustees of schools of a town, by name, may be properly admitted in evidence, when it is proven that the town so named and the Congressional township were the same territory, and that the township was called by such name, and that the former trustees of that township had ordered that the school business of that township should be done in the name of such town. Ihid. § 21. When school trustees are elected at town meetings, as pro- vided in section nineteen (19) of this article, it shall be the duty of the county clerk, as soon as the list of the names of officers elected at the town meetings is filed with him, to give to the county super- intendent a list of the names of all school trustees elected at the town meetings of the county, and of the towns for which they are elected. § 22, Within ten days after the annual election of trustees, the board shall organize by appointing one of their number president, and some person who shall not be a director or trustee, but who shall be a resident of the township, treasurer, if there be a vacancy in this office, who shall be ex officio clerk of the board. § 23. The president shall hold his office for one year, and the treasurer for two years, and until their successors are appointed, but either of said officers may be removed by the board for good and suf- ficient cause. 1. The statutes gives the board of trustees the power to remove a treasurer for proper cause. The appointment of another and the approval of his bond, amounts to a removal of the treasurer from that office. Holbrook v. Irustees, 22-539, § 24. It shall be the duty of the president to preside at all meet- ings of the board and it shall be the duty of the clerk to be present at all meetings of the board, and to record in a book to be provided for the purpose all of their official proceedings, which book shall be a public record, open to the inspection of any person interested therein. All of said proceedings when recorded shall be signed by the president and clerk. If the president or clerk shall be absent or refuse to perform any of the duties of his office at any meeting of the board, a president or clerk 2^'''0 tern may be appointed. § 25. It shall be the duty of the board of trustees to hold regular semi-annual meetings on the first Mondays of April and October, and special meetings may be held at such other times as they think proper. Special meetings of the board may be called by the presi- dent or any two members thereof. At all meetings two members shall be a quorum for business. 1. The law constitutes two members of the board a quorum to transact business. And when they concur in any act, which the board may legally perform, no reason is perceived why the act is not as legally binding as if all were present. When the Legislature designated that number as a quorum for the transaction of business, it conferred upon them full power to perform all the duties devolving upon the board. Where their action is illegal, it purports to be regular and must be held binding until vacated by certiorari or some other direct proceeding. Scltofield v. Watkins, 22-66. § 26. At the regular semi-annual meetings on the first Mondays of April and October, the trustees shall ascertain the amount of State, county and township funds on hand and subject to distribu- tion, and shall apportion the same as follows: First — Whatever sum may be due for the compensation and the books of the treasurer, and such sum as may be deemed reasonable and necessary for dividing school lands, making plats, etc. Second — And the remainder of such funds shall be divided among the districts, or fractions of districts, in which schools have been kept in accordance with the provisions of this act and the instruc- tions of the State and county superintendents during the preceding year ending June 30, in proportion to the number of children under twenty-one (21) years of age in each. 1. Trustees of schools are public oflScers, vested with the power to deter- mine to what district money collected for school purposes shall belong. The school directors of one district cannot refuse to receive the money thus or- dered by the board of trustees to be paid to them; by receiving it, they do not become liable to an action by another district claiming it. If another district has any action, it must be against the trustees of the township. School Directors v. School Directors, 36-140. § 27. The funds thus apportioned shall be placed on the books of the treasurer to the credit of the respective districts, and the same shall be paid out by the treasurer on the legal orders of the directors of the proper districts in the same manner as other funds of the dis- trict are paid out. § 28. The board of trustees of each township in this State shall prepare, or cause to be prepared, by the township treasurer, the clerk of the board, the directors of the several districts, or other person, and forwarded to the county superintendent of the county in which the township lies, on or before the 15th day of July, preceding each regular session of the General Assembly of this State, and at such other times as may be required by the county superintendent, or by the State Superintendent of Public Instruction, a statement exhibit- ing the condition of schools in their respective townships for the preceding biennial period, giving separately each year, commencing on the first day of July and ending on the last of June, which state- ment shall be as follows: First— The whole number of schools which have been taught in each year; what part of said number have been taught by males ex- clusively; what part have been taught by females exclusively; what part of said whole number have been taught by males and females at the same time, and what part by males and females at different periods. Second — The whole number of scholars in attendance at all the schools, giving the number of males and females separately. Third — The number of male and female teachers, giving each sep- arately; the highest, lowest, and average monthly compensation paid to male and female teachers, giving each item separately. Fourth — The number of persons under twenty-one years of age, making a separate enumeration of those above the age of twelve years who are unable to read and write, and the cause or causes of the neglect to educate them. Fifth — The amount of the principal of the township fund; the amount of interest of the township fund paid into the township treasury; the amount raised hy ad valorem tax and the amount of such tax received into the township treasury, and amount of all other funds received into the township treasury. Sixth — Amount paid for teachers' wages; the amount paid for school house lots; the amount paid for building, repairing, purchas- ing, renting and furnishing school houses; the amount paid for school apparatus, for books and other incidental expenses for the use of school libraries; the amount paid as compensation to township officers and others. Seventh — The whole amount of the receipts and expenditures for school purposes, together with such other statistics and information in regard to schools as the State Superintendent or county superin- tendent may require. And any township from which such report is not received in the manner and time required by law, shall forfeit its portion of the public fund for the next ensuing year: Provided ^ that upon the recommendation of the county superintendent, or for good and sufficient reasons, the State Superintendent may remit such forfeiture. 1. The law requires this report or statement to be made, and points out specifically what it should contain. Any township failing to make such report, shall forfeit its portion of the distributable fund for the ensuing year. Pace V. Ihe People, 47-321. § 29. In all cases where a township is, or shall be divided by county line or lines, the board of trustees of such township shall make or cause to be made separate enumerations of male and female persons of the ages as directed by section 28 of this article, designat- ing separately the number residing in each of the counties in which such township may lie, and forward each respective number to the proper county superintendent of each of said counties; and in like manner, as far as practicable, all other statistics and information enumerated and required to be reported in the aforesaid section, shall be separately reported to the several county superintendents; 29 and all such parts of said statistical information as are not suscep tible of division and are impracticable to be reported separately ® I, • u I reported to the county superintendent of the county in which the sixteenth section of such township is situated. § 80. At each semi-annual meeting, and at such other meetings as they may think proper, the said township board shall examine all books, notes, mortgages, securities, papers, moneys and eflPects of the corporation, and the accounts and vouchers of the township treas- urer, or other township school officer, and shall make such order theron for their security, preservation, collection, correction of errors, if any, and for their proper management, as may seem to said board necessary. 1. These duties of the board of trustees, as prescribed by the statute, are designed to protect and guard not only a public fund, but in addition thereto fo ?hL^'fnd '^thl ^^ f^^""^^ ^' -^^^ ^""'^ ^^ ^^« t^^^«^^«^ wiih Reference to that tund; the trustees are given a supervisory power and right and a duty in reterence to the treasurer's management of that fund. The statutt which prescribes these duties and rights is a public law of which all persons must take notice. Irustees of Schools v. Southard, 31A-359. persons *i,^" u ^^^^^^ \^ obliged to take notice of the fact that th« board may direct the collection of a note, and with that knowledge fairness and justice would require that if the surety in good faith desires the note collected; he should give notice to each agent of the public who has the right or duty under ?he raw to direct the collection of the note, the treasurer and the board of trus agents 2?ii''^^ '^'^ ^'^"^ ^'^^'^'^^ ^^ ^ notice to one of those § 31. The trustees of schools in each township in the State may receive any gift, grant, donation or device made for the use of any school or schools, or library, or other school purposes within their jurisdiction, and they shall be and are hereby invested, in their cor- porate capacity, with the title, care and custody of all school houses and school house sites; Provided, that the supervision and control of such school houses and school house sites shall be vested in the board of directors of the district. and .i?p?''hi?ihT*.*?f7 ^^^ ^''^u"" *^® ''T^''^^ ^°<^ management of school houses Th« wt'^ nf i-^ V"' *° ^"''t propertv is vested in the board of trustees, iil fho f directors as such, cannot bring suit to compel an owner to con- vey the tee. A suit for such purpose can be maintained only in name of trustees of schools. The law invests the school directors witfi no su^h in- terest. Wilson V. School Directors, 81-180; Banks v. School Directors, 194-247. 2. A school house is built by and for the public. Children of a district have a nght^to go to and return home from the school house, and to ravel over the land of another until a highway is provided. Permission to pass over owner's land for several years, amounts to a license requiring notice to revoke. Wilson v. Garrard, 59-51. ^ n^n^o lo 3. A dedication of land for school purposes may bo proven in various ways. It may be established by a written grant, by long and uninterrupted user or by the acts and declaration of the owner of the premises. But to be JvSin£' nf "''''* f' "^^^u "^i*^ ^°*t?-^ *^ dedicate. Such acts, coupled with evidence of acceptance by the public, may make a case of dedication. No particular form or caremony is necessary. All that is required is the assent of the owner of the land, and the fact of its being used for the public pur- K*ni ?fi7 w-7*^® ^PP':^P^'»t\o^- Marcyv.laylor, 19-635; Davidson y. Heed, 111-167; Wilson r. School Directors, 81-180. 80 4. When a school site is conveyed for school purposes, its use is not re- stricted to any special purpose. It may be occupied as a school site or it may be rented and the rents received applied to the general school purposes of the district. If sold, the site would be used for other than school purposes. This would amount to a perversion. Irustees of Schools v. Braner, 71-546. In this connection see Eldridge v. Irustees of Schools, 111-576. 5. Although the title to school property is vested in the board of trustees, school directors in the actual occupancy of a house when a trespass is com- mitted, may maintain an action of trespass. Barber v. Irustees of Schools, 51-396; Alderman v. School Directors, 91-179. 6. A devise of lands to the school of a specified town, to be held in trust for the purpose of constituting a fund to defray the expenses of teaching re- ligion and morals, does not vest the title in the township trustees and their successors under the act of 1841, then in force, which did not provide that the title of all lands given for school purposes should be so held. Irustees of Schools V. Petefish, 181-255. 1. The fact that a school district has been illegally formed, in violation of a statutory provision, yet, in a collateral proceeding, the legality of the formation of the district cannot be inquired into, but it must be taken as having been rightfully formed, and that the only mode in which such illegal- ity can be inquired into and taken advantage of, is by information in the nat- ure of a quo warranto. Irumbo v. The People, 75-562; Alderman v. School Directors, 91-179. § 32. When, in the opinion of any board of directors, the school house site or any buildings have become unnecessary or unsuitable or inconvenient for a school, the board of trustees, on petition of a majority of the voters of the district, shall sell and convey the same in the name of the said board, after giving at least twenty days' notice of such sale by posting up written or printed notices thereof, particularly describing said property, and the terms of sale, which notice may be in the following form, viz.: Public notice is hereby given that on the day of , A. D. , the trustees of schools of township No , range No , will sell at public sale, on the premises hereinafter described, between the hours of 10 o'clock a. m. and 3 o'clock p. m., the school house situated on the school house site, known as (here describe the site by its number, commonly known name, or other definite description) , and located in the (here describe its place in the section), which sale will be made on the following terms, to- wit: (Here insert as "one-third of the purchase money cash in hand, and the balance in two equal payments, due in one and two years from day of sale, with interest at the rate of per cent from date.") A. B. C. D. E. F. Irustees. And the deed of conveyance of the property so sold shall be exe- cuted by the president and clerk of said board, and the proceeds of such sale shall be paid over to the township treasurer, for the benefit of said district. § 33. All 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. 1. Where a site has been conveyed by a sufficient deed to the township trustees, for the use of such district, and the deed of conveyance contained a condition that in case said land should not be used for a school house site it 31 shall revert back to the grantor, his heirs and assigns, and where the build- ing after having been occupied by the district for a number of years, was used as a dwelling by the tenant of the grantor without the consent of the school authorities, it is held that such facts do not show an abandonment of the premises for school purposes. Barber v. Trustees of Schools, 51-396. 2. The rule in respect of trustees, generally, is that where a trustee fails to discharge the duties imposed by the trustees, the cestui que trust may have relief in a court of equity. If the trustees of schools hold the title to the school property for parties not entitled to its use, the district or districts in- jured thereby cannot be said to have an adequate remedy at law against the trustees of schools in their corporate capacity. * * » * * Tlie trustees are not even liable for cost when they sue or defend as school officers. School Directors y. School Directors, 135-164. § 34. The township board shall cause all moneys for the use of the townships and districts to be paid over to the township treasurer, who is hereby constituted and declared to be the only lawful depos- itary and custodian of all township and district school funds. They shall have power also to remove the township treasurer, at any time, for any failure or refusal to execute or comply with any order or requisition of said board, legally made and entered of record, or for other improper conduct in the discharge of his duty as treasurer. They shall also have power for any failure or refusal as aforesaid to sue him upon his official bond and recover all damages sustained by the said board in its corporate capacity, by reason of such neglect or refusal as aforesaid. 1. This language indicates the purpose to charge the treasurer with a specific trust. It is not used with reference to any other involuntary corporate fund. It is a trust fund. It is appropriated to a specific purpose by law, and until so devoted, there is no authority to divert it. In this sense it may be likened to public funds received by a county, to be paid over to a city. In such cases the statute of limitations does not apply, because the fund is, by law, appro- priated to a specific purpose, to be used by a named agency of the State. Irustees of Schools v. Arnold, 58J.-103. 2. The rule seems to be general and well settled by authority, that so long as the duties of the trustee remain undischarged, the trustee cannot avail of the statute of limitations for his defense, unless the trust is openly denied to the knowledge of the cestui que trust. No distinction has been made between a suit on bond and a suit on a statutory liability. A.s to any school fund in the hands of the treasurer, pleas of the statute of limitations are not well pleaded. Ibid. § 35. The township trustees are hereby vested with general power and authority to purchase real estate, if in their opinion the interests of the township fund will be promoted thereby, in satisfaction of any judgment or decree wherein the said board or the county superin- tendent are plaintiffs or complainants; and the title of such real estate so purchased shall vest in said board for the use of the in- habitants of said township, for school purposes. 1. Where money is lent by school officers on mortgage security, the trus- tees of schools have the right to purchase lands at a sale made in foreclosure proceedings. Irustees of Schools v. Arnold 58A-103. § 36. The board of trustees are hereby vested with general power and authority to make all settlements with persons indebted to them in their official capacity; or to receive deeds to real estate in com- promise; and to cancel, in such manner as they may think proper, notes, bonds, mortgages, judgments and decrees, existing or that may 32 hereafter exist, for the benefit of the township, when the interest of said township, or of the funds concerned shall, in their opinion, re- quire it; and their action in the premises shall be valid and binding. § 37. The board of trustees are hereby authorized to lease or sell at public auction, any land that may come into their possession in the manner provided for in either of the two preceeding sections in such manner and on such terms as they may deem for the interests of the townships: Provided, That in all cases of sale of such land, the sale shall be either at the door of the court house, where judicial sales of land are usually made, or else on the premises to be sold, as the trustees may order and direct .• And provided, That in all cases of sale of land, as provided in this section, the sale shall be made in the manner provided for sale of the sixteehth section by section 14 of article 13 of this act. 1. Where a deed is made by the trustees of schools of the first part, and they by the same discretion, as parties, relinquish the right of homestead and covenant to warrant the title for themselves and their successors in office, although signed individually, where there is proof these persons were the trus- tees of the township who had owned, and then claimed to own the land and it appears, beyond all doubt, that the intention was to convey the land, and to do so as trustees — as officers of the corporation, such deed, if it does not pass the legal, it unquestionably passes the equitable title. Of that there can be no doubt. If the grantor holds the equitable fee, in a court of chancery he will be treated as the owner in fee. Hemstreet v. Burdich, 90-444. § 38. Upon the petition of not less than 50 voters of any school township, filed with the township treasurer at least 15 days pre- ceding the regular election of trustees, it shall be the duty of said treasurer to notify the voters of said township that an election "For" or ' 'Against" a township high school will be held at the said next regular election of trustees, by posting notices of such election in at least ten of the most public places throughout such township, for at least ten days before the election; which notice may be in the fol- lowing form: "high school election." Notice is hereby given that on Saturday, the day ot April, A. D. , an election will be held at for the purpose of voting "For" or "Against" the proposition to establish a town- ship high school for the benefit of township No , range No The polls for said election will be open at and close at o'clock of said day. A. B., lownsMp Ireasurer. Provided, That when any city in this State, having a population of not less than 1,000 and not over 100,000 inhabitants, lies within two or more townships, then that township in which a majority of the inhabitants of said city reside shall, together with said city, consti- tute a school township under this act for township purposes. ( A.» amended by act approved June 19, 1891.) 1. The proper construction of this last clause is, that so much of the city as is outside of the township in which a majority of the inhabitants of said city reside, shall be attached to that township and such township, so enlarged, shall constitute a school township for high school purposes. Trustees oj Schools V. Ihe People, 61A-131. 33 2. When, by the provisions of a special charter a city is erected into a school township as well as a school district, there is no reason why the special provisions of the charter should prevent the operation of the general statute. Ibid. 3. Evidently the term school township as used in the first clause of the section, refers to a congressional township, which, by the express provision of the law, is a township for school purposeses. Ibid. 4. It is proper to address the petition to the township treasurer and, upon such petition being duly presented, it is his duty to call the election. It is the duty of the trustees to conduct, canvass and declare the result of the election. Such petition will not be rendered invalid on account of mis- description. Ibid. 5. By a proper construction of the provisions of the school law and the ballot law they are not inconsistent, and hence the former is in no way re- pealed by the latter. There appears to be a clear intention on the part of the legislature that the proposition to establish a township high school shall be voted on under the school law, and not under the ballot law. People V. Cowden, lGO-557; Bankin V. Cowden, 66A-137. 6. The declaration by a city charter that the city shall constitute a school district does not take it out of the provision of the school law of 1889, that a city including territory which is a part of two townships, with the township in which the majority of its inhabitants reside, shall be a school township for high school purposes. Irustees oj Schools V. Ihe People, 161 146; Irustees of Schools V. Ihe People, 61A-131, affirmed. 7. The petition required by the school law to be filed with the township treasurer for the establishment of a high school is properly filed with the treasurer of a township in which the majority of the inhabitants of a city lying in two townships reside. Ibid. 8. The petition required by law to be filed with the township treasurer to procure the establishment of a high school is simply a request, and need not be in any particular form, and is not insufficient when filed with the proper officer because addressed to him as treasurer of a township erroneously designated. Ibid. 9. A proceeding by quo warranto to determine whether a township high school district has been legally organized involves a franchise, and an appeal from a decision therein lies directly to the Supreme Court. People v. Bruen- nemer, 168-482. 10. A proceeding by quo warranto to determine the legality of the organi- zation of a township high school district is properly brought against the in- dividuals who assume to exercise the corporate powers of the township high, school board, Ibid. 11. Under the statute, where a city having a population of not fewer than 1,000 nor more than 100,000 inhabitants lies within two townships, that town- ship in which a majority of the inhabitants of the city reside, together with the city, constitutes a school township for township high school purposes. Ibid. 12. The fact that a city has been created a special school district by an act of the Legislature, and maintains a high school, does not take the city out of of the operation of section 38, article 3 of the school law relating to the es- tablishment of township high schools. Ibid. 13. The presumption obtains that the Legislature by a general law, did not intend to abrogate the provisions of a prior act relating to a special sub- ject, and such repeal will not be effected when there are no negative words used, unless the two acts cannot stand together. People v. Brown, 189-619. 14. The fact that an election for or against the establishment of a township high school is held at the same time and place as that at which trustees of schools are elected, does not, when the election is held on the annual town meeting day, make it a part of the township election, but, on the contrary, it -S 3 34 remains a special election conducted under the school law and not the ballot act. Ibid. 15, Women are not entitled to vote on a proposition for the establishment of a township high school. The Constitution does not authorize women to vote. The only electors therein provided for are men. It is only in cases where the Constitution contains no provision as to the mode in which an election shall be held and as to the qualifications of an elector thereat, that the Legis- lature can confer suffrage on women. People v. Welsh, 70A-641. § 39. The ballots for such election shall be received and can- vassed as in other elections, and may have thereon the name of the person or persons whom the voter desires for trustee or trustees. § 40. If a majority of the votes at such election shall be found to be in favor of establishing a township high school, it shall be the duty of the trustees of the township to call a special election on any Saturday within sixty days from the time of the election establishing the township high school, for the purpose of electing a township board of education, to consist of five members, notice of which elec- tion shall be given for the same time and in the same manner as provided for in the election of township trustees. The members elected shall determine by lot, at their first meeting, the length of term each is to serve. Two of the members shall serve for one year each, two for two years, and one for three years from the second Sat- urday of April next preceding their election. Whenever a vacancy occurs (except by death or resignation) , a successor or successors shall be elected, each of whom shall serve for three years, which sub- sequent election shall be held on the same day and in the same man- ner as the election of township trustees. In case of vacancy from other cause than the expiration of the term of office, the board shall call an election without delay, which election may be held on any Saturday, notice of which shall be given for the same time and in the same manner as for the election of township trustees. Within ten days after their election, the members of the township board of education shall meet and organize by electing one of their number president, and by electing a secretary. It shall be the duty of the township board of education to establish at some central point most convenient to a majority of the pupils of the township, a high school for the education of the more advanced pupils. 1. The school law, although consisting of different articles and sections f must be construed as one entire act. Greenwood v. Gmelich, 175-526. 2. A township board of education created by section 40, arlice 3 of the school law, has no power to purchase a high school site or erect a high school building, or to levy a tax to raise money for those purposes, without the au- thority of a vote of the people. Ibid, Story v. Ihe People, 79A-562. 3. The unauthorized purchase by a township board of education of the site for a high school is ratified where the electors vote, at an election called for that purpose, to build a school house on the site so purchased, and to issue bonds for that purpose. Board of Education v. Cardan, 182-119; Garolan v. Board of Education, 81A-359, reversed. 4. That members of the board of education were not notified of the meet- ing at which an election was called to vote on a proposition to build a school house and issue bonds in payment of it, does not invalidate the election, where the meeting was a stated one, provided for by a regular order. Ibid. 35 5. Bat one polling place need be fixed in a high school district for an elec- tion to determine whether a new school building shall be constructed and bonds issued in payment. Ibid. 6. The notices of an election to determine whether a high school building shall be erected and bonds issued therefor, are not invalid because two of the members of the board sign as president and secretary respectively, instead of as individual directors. Ibid. § 41. For the purpose of building school houses, supporting the school and paying other necessary expenses, the territory for the benefit of which a high school is established under any of the pro- visions of this act, shall be regarded as a school district, and the board of education thereof shall have the power and discharge the duties of directors of schools for such district in all respects. (As amended by act approved May 11, 1901.) 1. The language of this section which gives to the board of education the power and enjoins upon it the duties of directors of schools for such districts in all respects, means that, as to such school, it shall have precisely the same powers and exercise the same duties that district directors have and exercise with respect to district schools. Fisher v. Ihe People, 84-491; Irustees of Schools T. Ihe People, 87-303; Eichards V. Raymond, 92-612. 2. By section 41 the township board of education is given the same power, which is conferred upon the directors of a school district, and is required to discharge the same duties, which the directors of a school district are re- quired to discharge, so far as relates to the building of a school house, sup- porting the school, and paying other necessary expenses. The power and the duties of the township board of education, being the same as those of the directors of the school district, must necessarily be subject to the same restrictions. Greenwood v. Gmelich, 175 526. 3. It is apparent the object of the Legislature was simply to increase the facilities for acquiring a good education in free schools. The high school thus established can no more be controlled for the benefit of some to the ex- clusion of others, than can the district school. All children in the township within the prescribed ages for admission to the public schools, have equal rights of admission to the high school when they are sufiBciently advanced to need its instruction. Irustees of Schools v. Ihe People, 87-303. 4. It is, of course, to be kept in view that its purpose is the teaching of more advanced branches than those taught in the district school, and that to insist that precisely the same studies should be pursued there as in the dis- trict schools would be to defeat the purpose of its creation. Ibid. 5. Under the power to prescribe the necessary rules and regulations for the management and government of the school, the board may, undoubt- edly, require classification of the pupils with respect to the branches of study they are respectively pursuing, and with respect to proficiency or degree of advancement in the same branches; that there shall be prompt attendance, diligence in study, and proper deportment. All regulations or rules to these ends are for the benefit of all, and promotive of the interests of all. Ibid. 6. No attempt has hitherto been made in this State to deny, by law, all control by the parent over the education of his child. On the contrary, the policy of the law has ever been to recognize the right of the parent to de- termine to what extent his child shall be educated during minority. The policy of the school law is only to withdraw from the parent the right to select the branches to be studied by the child, to the extent that the exercise of that right would interfere with the system of instruction prescribed for the school, and its efficiency in imparting education to all entitled to share in its benefits. Ibid. 7. No particular branch of study is compulsory upon those who attend school, bat schools are simply provided by the public in which prescribed 86 branches are taught, which are free to all within the district between certain ages. * * * * Conceding that all the branches of study decided to be taught in the school shall not necessarily be pursued by every pupil, it cannot in anywise prejudice the school, if one branch rather than another be omitted from the course of study of a particular pupil. Ibid. 8. This section provides that the school trustees of a township, where the legal voters of the township have decided in favor of the proposition at an election held for that purpose, shall establish a high school in the township for the education of the more advanced pupils. A school of this character is certainly a free school, within the meaning of the Constitution. Free schools may be graded and classified, as the spirit of the Constitution contemplates the creation of a thorough and efficient system of free schools. That one school may be denominated a high school, and another in the township a dis- trict school, cannot affect the question in the least. Richards v. Itaymond, 92 612. 9. No definition of a common school is given or specified in the Constitu- tion, nor does that instrument declare what course of studies shall constitute a common school education. The phrase a common school educationis one not easily defined. One might say that a student instructed in reading, writing, geography, grammar and arithmetic had received a common school education, while another who had more enlarged notions on the subject might insist that history, natural philosophy and algebra should be included. It would be almost impossible to find two persons who would in all respects agree in regard to what constituted a common school education. Ihid. 10. At the time of the adoption of the constitution there was a wide differ- ence' of opinion in different parts of the State as to what constitutes a common school education. A constitution which would have impaired, in any degree, the free high school system in existence would not have received the approval of the voters of the State. While the constitution has not defined what a good common school education is, and has failed to prescribe a limit, it is no part of the duty of the courts to declare by judicial construction, what par- ticular branches of study shall constitute a common school education. This is a proper question for the determination of the legislature. Ihid. § 42. Two or more adjoining townships, or two or more adjoin- ing school districts , whether in the same or different townships, may, upon like petition as required for township high schools, signed by at least fifty (50) legal voters in each of said townships or school districts — and where any such school district contains less than 150 voters, then such petition shall be signed by at least one-third of the legal voters of such district — and upon an affirmative vote in each of such townships or districts, at an election held pursuant to the pro- visions of section 88 of this act, establish and maintain in the same manner as in this act, it is provided for township high schools, a hit'h school for the benefit of the inhabitants of the territory de- scribed in such petition, and the inhabitants of any territory com- posed of parts of adjoining townships who are now maintaining a high school and who have elected a board of education, may create such territory a high school district by a petition of fifty (50) legal voters of such district and by an affirmative vote in such district, and may elect a board of education therefor as in other high school districts. All such high schools may be discontinued in the same manner as township high schools: Provided, that any school dis- trict having a population of at least two thousand (2,000) inhabi- tants may, in the same manner as herein provided for establishing and maintaining a township high school, establish and maintain a 37 high school for the benefit of the inhabitants of such school district, and elect a board of education therefor, with the same powers hereby conferred on township boards of education. All attempted high school districts in which the inhabitants are maintaining a high school, and have in good faith elected a board of education substantially as herein required, are hereby declared to be valid and lawful high school districts and the boards of education elected therefor legal boards of education. (As amended by act ap- proved May 11, 1901.) 1. If a township high school is organized under this section from two or more adjoining townships, or two or more adjoining school districts in the same or different townships, a board of education may be elected for such high school district, with power to levy necessary taxes to build the school house and support the school. Gale v. Knopf, 193-245; Greeley v. Ihe People, 194 550. § 43. When any township, townships or parts of townships shall have organized a high school and wish to discontinue the same, upon petition of not less than a majority of the legal voters of said town- ship, townships or parts of townships, filed with the township treas- urers of said townships at least fifteen days preceding the regular election of trustees, it shall be the duty of said treasurers to notify the voters of the township, townships or parts of townships, that an election will be held on the day of said regular election of trustees for the purpose of voting "For" or "Against" discontinuing the town- ship high school, which notice shall be given in the same manner, and for the same length of time, and may be in substantially the same form, as the notice provided for in section 88 of this article: Provided, that any township where a creek or river divides the same and it has been divided into towns with such creek or river as a boundary line between them, and each of said towns contains a city, and an election has been held in such township, and carried in favor of establishing a township high school, a site for which has been selected in one of said towns, and other proceedings had thereon, a petition, signed by not less than one-fourth of the voters of such township, as shown by the vote of the last general election, may be filed at any time with the township treasurer of said township for an election, for the purpose of voting "For" or "Against" discontinuing the township high school as to the town in which the site is not located. Within ten days after the filing of the petition, as aforesaid, it shall be the duty of such township treasurer to post the notices for an election to be held according to the prayer of such petition, and if the majority of the votes cast at such election shall be in favor of discontinuing the township high school in the town where the site has not been located, the same shall be so discontinued as to it. (As amended by an act approved and in force June 2, 1897.) § 44. The ballots for such election shall be received and canvassed in the same manner as provided for in section 89 of this article. If the majority of the votes of such election shall be found in favor of discontinuing the high school, it shall be the duty of the trustees to discontinue the same, and turn all the assets of the said high school 88 over to the school fund of the township or townships interested therein, in proportion to the assessed valuation of said townships, to be used as any other township fund for school purposes. § 45. No trustee of schools shall be interested in the sales, pro- ceeds or profits of any book, apparatus or furniture used in any school in this State with which such trustee may be in any manner connected. For ofifending against the provisions of this section, any such trustee shall be liable to indictment, and, upon conviction, shall be fined in a sum not less than twenty-five dollars nor more than five hundred dollars, or may be imprisoned in the county jail not less than one nor more than twelve months, at the discretion of the court. § 46. Trustees of schools in newly organized townships shall lay ofp the township into one or more school districts, to suit the wishes or convenience of a majority of the inhabitants of the township, and shall prepare or cause to be prepared a map of the township, on which map shall be designated the district or districts, to be styled, when there are more districts than one, "District No , in town- ship No , range No of the P. M. (according to the proper numbers) , county of and State of Illinois." 1. To lay off and divide a city or township into school districts, and from time to time, alter them or create new ones, as circumstances may require, is a very difficult duty to perform, and it is not reasonable to expect, how- ever just, wise and impartial they may be, that there will be no single com- plaint. It requires much deliberation and the exercise of sound judgment, and in such case a court could not well interfere, unless gross injustice had been done, or the marks of corruption in the board so evident as to compel the court to interpose. Grove v. School Inspectors, 20-532. 2. The board of inspectors are vested with a large discretion in the per- formance of their important duties, and courts will not attempt to control its exercise, except in a palpable case where a plain violation of the law is mani- fest. School Inspectors v. Ihe People, 20-525. 3. This section provides that the trustees of schools shall lay off the town- ship into districts to suit the wishes and convenience of a majority of the inhabitants of their townships. But the law does not provide any mode by which these facts are to be ascertained. No vote of the people, no petition is required, but the trustees are peremptorily required to lay off the township into districts, and they are directed in so doing to suit the wishes and con- venience of the inhabitants of their township. There being no mode pro- vided by the act by which this is to be accomplished, the board must neces- sarily take the responsibility of deciding the question, acting upon the best lights before them, and exercising their best judgment. They must perform that duty, and their honest action cannot be inquired into. Met2 v. Ander- son, 23-463. 4. In the matter of the formation of school districts, the trustees are in- vested by law with a large discretionary power which it is their duty to exer- cise for the best interests of the inhabitants of the township. There is no mode pointed out in the statute for ascertaining the wishes ot the inhabitants of the townships, or what number and size districts would best suit their con- venience. It is made the imperative duty of the trustees to lay off the town- ship into districts, but the manner of doing so is left to their sound discretion. When this discretion is honestly exercised, a court of equity has no power to supervise the action of the trustees in the premises. Ihompson v. Beaver, 63-353. 39 5. The trustees have power under the school law to district, and it is made their duty to district their townships into proper divisions to suit the wishes and convenience of a majority of the inhabitants thereof, for school purposes. The trustees are vested with a large discretion in the performance of these important duties, and courts will not attempt to control its exercise except in a palpable ease, where a plain violation of the law is manifested. School Directors V. Irustees of Schools, 66-247. 6. The formation of districts, changing their boundaries, detaching terri- tory from one district and attaching it to another, is by law committed to the trustees of schools. Their determination of all such matters is final and con- clusive. The discharge of this function affects the public interests, and the school directors are bound by their action, whether it is taken on their own motion or under the mandate of a court of competent jurisdiction. In either case the directors have no discretion, but must acquiesce and accept the dis- trict thus formed. School Directors v. School Directors, 135-464. § 47. In a township where such division into districts has been made, the same trustees may, in their discretion at the regular meet- ing in April, when petitioned as hereinafter prescribed for, change such districts as lie wholly within their township, so as — First — To divide or consolidate districts. Second — To organize a new district out of territory belonging to two or more districts. Third — To detach territory from one district and add the same to another district adjacent thereto. 1. The power to change the boundaries of school districts is discretionary, and the board of trustees cannot be compelled to do so by mandamus, Irus- tees of Schools V. Kay, 8A-30. 2. The rule is well established that when public officers are invested with discretionary powers, a court of equity will not interfere to control or review the exercise of the power unless fraud, corruption, oppression or gross injus- tice is plainly shown. A court of equity cannot sit as an appellate tribunal to review the exercise of judgment! where there is no gross abuse of the power, and the law does not contemplate any supervisory power in the court for the purpose of correcting errors of judgment. School Irustees v. School Directors, 190-390. 3. The second clause of section 47, article 3, confers the power on the trustees to organize a new district out of territory belonging to two or more districts, and when a petition is presented, signed by two-thirds of the legal voters living within certain territory containing not less than ten families, asking that said territory may be made a new district as specified in clause 3, section 48, article 3, then the trustees are clothed with authority to act. Parr V. Miller, 146-596. 4. A petition to organize a new district, including all the lands of two old districts and parts of the lands of yet two others, is properly treated as a petition to organize a new district, and not as one to consolidate districts, or to detach territory from one district and add it to an adjacent district. Peo- ple V. Allen, 155 402. 5. It is sufficient to give the school trustees jurisdiction to act on such a petition if it is signed by two-thirds of the legal voters residing in the terri- tory proposed to be organized into such new district, without regard to their particular location within that territory or their relation as residents to the former districts. Ibid. 6. Clause 2, section 47, article 3, authorizes the trustees to organize a new district. Such district may include the whole territory of two or more dis- tricts. People V. Keechler, 194-235; People v. Allen, 155 402, affirmed. 40 7, A proposed change iu a school district is not rendered unjust, unrea- sonable and oppressive by the fact that to carry out such a change, the dis- trict will have to be taxed to the statutory limit. School Irustees v. School Directors, 190-390, § 48. No change shall be made as provided for in the preceding section, unless petitioned for — First — By a majority of the legal voters of each of the districts affected by the proposed change. Second — By two-thirds (|) of the legal voters living within cer- tain territory, described in the petition, asking that the said territory be detached from one district and added to another. Third — By two- thirds (f) of all the legal voters living within cer- tain territory, containing not less than ten (10) families, asking that said territory be made a new district. 1. Every petition of this nature, seeking to effect a division of a long established school district, should make a case within the express provisions of the statute, before the trustees can be required to act. School Irustees v. The People, 71-559. 2. It is held that the words of clause three mean two- thirds of all the voters residing in the territory proposed to be formed into a new district, without reference to the portion taken from any particular district, and that it does not require ten families to reside in the particular territory taken from any one district. Boone v. The People, 4A-231. 3. The first and second clause of section 48, article 3, have nothing to do with the organization of a new district. They do not relate to that subject. The first relates to an application to divide or consolidate districts. The second, as is apparent from its language, relates to an application, addressed to the trustees, to detach territory from one district and add the same to another adjacent district. Parr v. Miller, 146-596; Parr v. Miller, 49A-48, affirmed. 4. Under section 47, and clause 3, section 48, article 3, of the school law providing for the making of union school districts from parts of old districts on petition of two-thirds of the legal voters residing in the territory of the proposed district, a voter moving into such territory at any time before the petition is signed, from another part of the same township, school district and voting precinct, is a legal voter, and must be counted in estimating the proportion of legal voters signing the petition. People v. Simpson, 168-127. 5. Where part of the school boards of districts affected by the proposed formation of a new school district refuse to grant the prayer of the petition, the petition is defeated unless their decisions are reversed on appeal, and to that end appeals must be taken from the adverse decision of each board and must be taken to the same tribunal. Mason v. 2he People, 185-302. 6. The tribunal to which is taken an appeal from the decisions of school boards refusing to grant the prayer of a petition to form a new school district should give notice to the boards whose decisions are appealed from, and has no jurisdiction to grant the prayer of the petition unless the adverse deci- sions of all the boards are before it on appeal. Ibid. 7. In order that the formation of a new school district from parts of others shall be legal, it must be alleged in the petition and be found as a fact that at least two-thirds of the legal voters living within the territory to be made into a new district signed the petition and that said territory contained at least ten families. Ibid. 8. Clause 3, section 48 of article 3, relates to the organization of a new district out of territory belonging to two or more districts. People v. Keech- ler, 194-235. 41 9. A legal petition, such as is specified in section 48, article 3 of the school law, is necessary to confer power and jurisdiction on trustees of schools to divide or consolidate school districts, create new districts out of existing ones, or to detach territory from one district and add it to another, Hamilton v. Frette, 189-190. 10. If petitions to form a new school district by adding portions of other districts to one whole district comply with clause 3, section 48, article 3 of the school law, in having the signatures of two-thirds of all the legal voters re- siding within the territory proposed to be made into the new district, it is not necessary that they also comply with clause 2 of such section relating to detaching territory from one district and adding it to another, by having the signatures of two-thirds of the legal voters living in each of the different por- tions of the territory going to compose the new district. Ibid. 11. Where petitions to form a new school district out of different districts lying in three townships and two counties have been denied by the trustees of the respective townships, and an appeal is taken, the two county superin- tendents, who, with the county judge, decide to form the new district, such decision is final and conclusive of the question whether the petitions were de- signed to evade the requirements of the law relating to petitions to detach territory from one district and add it to another. Ibid. § 49. In school districts having a population of not less than one thousand inhabitants, whether acting under the general school law or organized and acting under a special charter, desiring a change of boundaries, the question of such change may be submitted to the trustees by vote of the people, instead of by the petition provided for in the preceding section; and when petitioned so to do by twenty- five legal voters of the district, the school board of the district shall submit the question of the change desired to the voters of said dis- trict, at a special election called for that purpose, and held at least thirty days prior to the regular April meeting of trustees. If a majority of the votes cast at any such election shall be in favor of the change proposed, then, due return of the election having been made to the township treasurer, the township trustees shall consider and take action the same as if petitioned therefor by a majority of he legal voters of such district: Provided, that no question of change of boundaries shall be submitted to a vote of the school dis- trict more than once in any one year. (As amended by act approved June 18, 1891.) 1. In this connection see Shaejer v. Ihe People, 20A-605. § 50. No petition shall be acted upon by the board of trustees unless such petition shall have been filed with the clerk of the said board of trustees at least twenty days before the regular meeting in April, nor unless a copy of the petition, together with a notice in writing, signed by one or more of the petitioners, shall be delivered by the petitioners, or some one of them, at least ten days before the date at which the petition is to be considered, to the president or clerk of the board of directors of each district whose boundaries will be changed if the petition is granted. Which notice may be in the following form, to- wit: The directors in district No in township No range No of the • principal meridian, will take notice that the undersigned and others have made and filed with the board of trustees of said township their petition, a copy of which is herewith handed to you. Signed 42 1. These are essential and substantial requirements. It is thorousrhly settled, by numerous adjudications in this State, that in a proceeding by certiorari to review the action of an inferior tribunal of limited jurisdiction, the reviewing court is limited to inspection of the record of the inferior tribu- nal, and that the record must aflSrmatively show jurisdiction. Board of Edu- cation V. Trustees oj Schools, 74A.-401. 2. A petition may be amended in certain cases. Where the official action which is the subject of a proposed amendment has in fact been had, but by reason of some accident or oversight, or for some other cause, has oeen omitted by the clerk from the record of the proceedings of the board, both reason and authorities show that it is competent to amend the record to cor- respond with the facts, and that when such amendment is made, the record, as amended, unless impeached, is conclusive. Ibid. 3. Where it appears from the return that a petition was filed with the clerk of the board of trustees within the time prescribed by section 50, article 3 of the school law, and that notice in writing was served on the boards of direc- tors of the districts from which the territory of the new districts was to be taken, it is held that the board of trustees acquired jurisdiction, and having jurisdiction, an order establishing a new district is valid, whether the evidence upon which the board predicated its judgment was incorporated in the record or not. Parr v. Miller, 146-596. § 51. At the said April meeting, by the concurrent action of the several boards of trustees of the townships in which the district or districts affected lie, each board being petitioned as provided for in section 48 of this article, the same changes may be made in the boundaries both of districts which lie in separate townships, but ad- jacent to each other, and of districts formed of parts of two or more townships, as are permitted to be made in districts which lie wholly in one township. 1. There is no authority given to call or organize a joint meeting of the trustees of schools of several townships, or the transaction of business by such a body. Bayfield v. Ihe People, 144-332. 2. The boards of trustees of two or more townships, when acting concur- rently, may, under section 51, article 3, when duly petitioned, make changes in districts lying adjacent to each other but in separate townships, or in single districts formed of parts of two or more townships, the same as may be done by the trustees in the case of districts lying wholly in one township. People V. Keechler, 194-235; Webb v. Ihe People, llA-358. 3. The word adjacent used in section 51, supra, means, that the districts, the territory of which may be taken, should be so united or joined together as to form a compact district. Ibid. 4. When it is desired to form a new district out of territory lying in several different townships, the formation of such district must be petitioned for by two-thirds of all the legal voters living within such territory contain- ing not less than ten families. The territory proposed to be erected into a new district must contain not less than ten families, and the petition pre- sented to the board of trustees of any one of the townships interested must allege, that the proposed territory contains not less than ten families. Car- rico V. The People, 123-198. § 52. When, at the regular meeting of the trustees in April, any petition shall come before the trustees, asking for any change in boundaries, it shall be the duty of the trustees to ascertain if the foregoing provisions have been strictly complied with; and if it shall appear that they, or either of them, have not been complied with, 48 then, in such case, the board shall adjourn for not longer than four weeks, in order that the foregoing provisions may be complied with; but there shall be but one adjournment for such purpose. 1. The trustees can act only in pursuance of law. They cannot be com- pelled to act unless the law is complied with in every substantial particular; nor are they permitted to act, until it is so complied with. They have no power to waive anything that is necessary to compel their action. They may not, as a matter of grace or favor, take territory from one district and add it to another. They may do this only in the cases provided by law, and what- ever is essential to be done, before they are bound to act, they must require before they do act. They must kaow that the petition conforms to the law before they proceed. Potter v. Board of Trustees, lOA-343. 2. When the proper conditions exist the trustees must grant the petition. They have no discretion. They may inquire into the facts and may grant or deny as the case may warrant, but their decision is not conclusive. The pro- priety of it may become the subject of judicial investigation in a proceeding by mandamus. Trustees of Schools v. The People, 25A-25. 3. It is not necessary that the boundaries of the districts as they now exist be set out in the petition. The form and boundaries of the several school districts are known to the trustees in fact, as they are presumed in law, to be known to the public in general. The inquiry which the trustees are to make must, to a great extent, be of a summary nature and might be wholly met and answered by facts within their own personal knowledge. Ibid. 4. Formal statutory documents, prepared without a form for guidance, by persons unskilled in technical composition, are seldom found to be models of neatness and accuracy. In the construction of petitions, if a legitimate object and sense can be reasonably ascertained from what is expressed, the court will supply its appropriate expression. Scott v. Irustees oj Schools, 71A-95. 5. The limitation in the formation of new districts out of territory pre- viously organized as one district, applies to each district. Neither must con- tain less than ten families. Both are, in fact, new districts, so far as this question is concerned, though, as a matter of convenience, one may be denominated the old or original district, and the other the new district. Chessire v. The People, 116-493. 6. Trustees of schools have no power except those conferred by the statute, nor can they exercise the powers conferred upon them in any other mode than that prescribed by the statute. They cannot be compelled to act, and will not be permitted to act, until the law is complied with. The terri- tory proposed to be erected into a new district must contain not less than ten families, and the petition presented to the board of trustees of any one of the townships interested must allege, that the territory contains not less than ten families. If such allegation is absent from the petition, the board of trustees, to which it is presented, have no power to act in the formation of the new district. Carrico v. 2he People, 123-198. 7. A plea stated that two-thirds of the legal voters living in a certain ter- ritory, which contained not less than ten families, filed petitions with the trustees. This was not sufficient to make it a good plea. It should have alleged, that the petitions, filed with the several boards of trustees, set forth the fact that the territory to be formed into a union district contains not less than ten families. A petition setting forth that the proposed territory con- tained not less than ten families, was necessary in order to give each board the power to act in the matter of forming a new district. The presentation of a petition making the allegation in question was a jurisdictional fact, and, without it, all proceedings of the board were void. Ibid. § 53. If, on the day of the regular meeting, or, in case of ad- journment, at the adjourned meeting, it shall appear that such pro- 44 visions have been complied with, then the trustees shall consider the petition, and shall also hear any legal voters living in the district or districts that will be affected by the change if made, who may appear before them to oppose the petition, and they shall grant or refuse the prayer of the petitioners without unreasonable delay. After the trustees shall consider the petition, no objection shall be thereafter fw if!^ ] ® ^°''°'' ^'"? *^^^' ^°*^°^ «^a" be prima facie evidence tnat all the tormer requirements have been complied with. v.3'«v Jhf *^^.^'^9,^ ^aw writ of certiorari is the appropriate remedy to brin? un ?fnVtrooT%Xct/'V«r^^' ^he proceeding's (t a board ofYrusteesI? not be heard or considered. Miller v. Irustees of Schools, 88 26 2. An information in the nature of a quo warranto will lie where anv n^^n- ciation or number of persons shall act within this State as a 7ormratiZ with i^L^T^ l^¥^y incorporated. Where a new distriSLsneXTeen created according to law, in suchcases the legal existence of this ,7^ co^nSation %Tn^llT'HcS?,%tlit'''''' •^^^^'^^^^^^ '^ P--^^-^^ Sr.tSTafur application to the court, upon 'special cause shoSS '* * * * Whence? fhotee denied"'^*'''* "/ T^'^T^J"",'." ^/^^^ result the writ otcertioZi bnouiuoe denied. * * * It should not be granted after the laose of fhrpo years, to review the actions of the trustess of scLols, in cSng*ngTe boun- <3aries of school districts. Irustees oj Schools v. School JDirecIor J] 88 100 ally A muof .Mp^fp.'^'ll^''^''''^^^-'' ^ot-O^dmarily be questioned collater- ally. A much stricter rule prevails m a direct proceeding ouestiotiiTiP' tho corporate existence of the body and its right to eLrcise cSfpoS funXns ti« iT^'^rT^^'^^u'^'i^^ ^^.^"^^ «^ ^ ««« ^^rranto is the proper Remedy to test the legality of the formation of a school district, and it ma? be that the com- S.Tv^Si?Z B^^^ZTm.^t'"''''' ^" ^^^^^^^^^^^ ''^''^- ^e^^oXTc- § 54. The petitioners, or the legal voters who have appeared be- fore the trustees at the meeting when the petition was considered, and opposed the same, shall have the right of appeal to the county superintendent of schools. Provided, that the party appealing files with the clerk of the trustees a written notice of appeal within ten days atter the final action upon the petition by the trustees, which notice may be m the following form, to- wit: To the trustees of schools township No , range No of county, Illinois: ., iciuj^o x^u 01 ion^ made ofthe^ ."!!^'.'' X' of "^^^^^'^^^^ 1% ^PP-^ ^-m your decis- ref using) the prayer of the petition in regard 'to (here give' subsSnee of th« petition concerned) to the county superintendent of schooTs of county, Ilhnois, as provided by law. Signed § 55. When an appeal is taken from the action of the trustees to the county superintendent, the clerk of the trustees shall, within five days after the written notice of the appeal has been filed with him by the appellants, transmit all the papers in the case, with a trans- cript ot the records of the trustees, showing their action thereon to 45 the county superintendent, and, in case of an appeal, the township treasurer shall be required to take no further action in the matter, except upon the order of the county superintendent, whose duty it shall be to investigate the case upon such appeal; and if, in his opinion, the change asked is for the best interests of the district or districts concerned, he shall make such change or changes; but if he considers the proposed change unadvisable, he shall refuse to make it, and shall reverse, if need be, the action of the trustees, and shall give the clerk, from whom he received the papers, immediate notice of his decision; and his action shall be final and binding. If the changes asked for by the petitioners shall be made by the county superintendent, he shall notify, in writing, the clerk by whom the papers in the case were transmitted to him, of his action, and the clerk shall thereupon make a record of the same, and shall, within ten days thereafter, make a copy of the same, and a map of the town- ship, showing the districts, and an accurate list of the tax-payers of the newly arranged districts, and deliver them to the county clerk for filing and record by him, the same as if the changes had been or- dered by the trustees. 1. The county superintendent of schools has no ^ower to act except in cases where the trustees refuse to grant the prayer ot the petitioners. He has no power to reverse the action of the trustees where the prayer of the petitioners has been granted. Badger v. Knapp, 7A-222. 2. In a case where the board of trustees took action and granted the prayer of the petitioners by attaching territory to another district, such ac- tion cannot b« reviewed by the county superintendent, and consequently his acts in that behalf were void, and there was no error in the order of the circuit court in quashing the same. Ibid. 3. Proceedings of an inferior tribunal cannot be brought before the cir- cuit court for review upon writ of certiorari, where the right of review of the proceedings upon appeal exists, and if a writ be improvidently issued in such case, it should be dismissed. Irustees of Schools v. Shepherd, 139-114. 4. In such cases there can be no reason why the clerk of the board of trustees should be taxed with the costs of the writ. His duties are purely clerical and in subordination to the direction and supervision of the board of trustees. He had nothing to do with the redistricting of the township, and was not at liberty to decline to record what he was directed to record in this respect. Ibid. § 56. In all cases where the territory affected by a proposed change of district boundaries is divided by a county line or lines, the appeal may be taken to the county superintendent of schools of any one of the counties in which said territory is partly located; and upon any appeal being taken in any such case, the county superin- tendent of schools, to whom such appeal is taken, shall forthwith give notice to the county superintendent or superintedents of schools of the other county or counties, of the pendency of such appeal, and of the time and place when and where it shall be heard; and the county superintendents of schools of the counties in which the said territory is located, shall meet together at such time and place, and together hear and determine said appeal. In case the said county superintendents shall be unable to arrive at an agreement, then the 46 county judge of the county where such appeal is pending shall be called, and shall constitute one of the board of appeal, and thereupon the appeal shall be heard and determined by them. And the county superintendent of schools, to whom such appeal is taken, shall at once notify, in writing, the clerk by whom the papers in the case were transmitted to him of the action taken on such appeal, as here- inafter provided. § 57. Whenever change in boundaries is made by the trustees of schools, if no appeal is taken to the county superintendent, the clerk of the trustees shall make a complete copy of the record of the action of the trustees, which copy shall be certified by the president of the trustees and the clerk who shall file the same, together with a map of the township, showing the districts, and an accurate list of the tax- payers of the newly arranged districts, with the county clerk for record within twenty days of the action of the trustees. 1. The filing of such a map, properly certified, with the clerk, is not es- sential, but only directory. It is in nowise connected with the formation of the district. The law requires it to be made, and filed with and recorded by the county clerk. The obvious purpose of such a map is to enable that offi- cer to correctly extend the taxes levied by the directors in the various dis- tricts. School Directors V. School Directors, 73-249. In this connection see Potter V. School Trustees, lOA-343. § 58. In case any territory shall be set off from any district that has a bonded debt, the change not being petitioned for by a majority of the legal voters of said district, such original district shall remain liable for the payment of such bonded debt, as if not divided. The directors of the original district having such bonded debt and of the district into which the territory taken from such original district has been incorporated or formed, shall constitute a joint board for the purpose of determining and certifying, and they shall determine and certify to the county clerk the amount of tax required yearly for the purpose of paying the interest and principal of such bonded debt, which tax shall be extended by the county clerk against all propety embraced within the original districts as if it had not been divided. § 59. When the trustees of schools shall organize a new district, as hereinbefore provided for, it shall be the duty of the clerk of the board of trustees, if no appeal is taken to the county superintendent, to order, within 15 days after the action of the trustees, an election, to be held at some convenient time and place, within the boundaries of such newly organized district, for the election of three school directors, notice being give by the township treasurer, who shall post up at least three notices of such election in at least three promi- nent places in said district, at least ten days prior to the time ap- pointed for holding such election, which notices shall specify the place where such election is to be held, the time for opening and closing the polls, and the object of said election, which notice may be in the following form, to-wit: 47 "i-LECTION NOTICE." Public notice is hereby given that on the day of A. D. an election will be held at for the purpose of electing three school directors for the new district known as district No in township No Range No of the P. M., in county, Illinois. The polls at said election will be opened at o'clock M., and close at o'clock M. By order of the board of trustees of said township. Signed lownship Ireasurer. 1. This section should be construed with section 2, article 6. Where a new district is formed which has a population of not less than 1,000 nor more 100,000 inhabitants, there must be an election for a board of education, and not for three directors. But section 2, supra does not provide that the board, in the first instance, shall be elected only on the third Saturday in April. That provision relates to the election of additional members to be elected by reason of the increased population of said district. Nor does it require any census of the district, special or general, to be taken in order to authorize the election of the president and members of the board. It is only when ad- ditional members are to be elected, that the increased population must be ascertained by the census. People v. Keechler, 194-235. § 60. At the time appointed for opening the polls for said elec- tion, it shall be the duty of the legal voters present, five of whom shall constitute a quorum, to appoint three of their number, two of whom shall act as judges and one as clerk of said election; and the election, in all other respects, shall be conducted as other elections for the election of school directors. § 61. Within ten days after the election it shall be the duty of the directors, elected at such election, to meet at some convenient time and place previously agreed upon by said directors, and organ- ize as a district board by appointing one of their number president and another of their number clerk of said board, as in other cases of the election of school directors. At this first meeting of the direc- tors, they shall draw lots for their respective terms of oflBce for one, two and three years, each of which shall be considered a fractional term, ending at each annual meeting according to the term drawn. § 62. In case a new district is organized by the action of the county superintendent, the said clerk of the board of trustees shall, within five days after he has received notice of the action of the county superintendent on the appeal, order an election of directors in the new district, the same as if the change had been made by the board of trustees, and such election shall be held in the same manner as the election provided for where the trustees have formed such new district. § 63. Whenever a new district has been formed by the trustees, or by the county superintendent or county superintendents from a part of a district or from parts of two or more districts, the trustees of the township or townships concerned shall proceed forthwith to make a distribution of tax funds, or other funds which are in the hands of the treasurer, or to which the district may, at the time of such division, be entitled; so that both the old and new districts 48 shall receive parts of suoh f aads in proportion to the amount of taxes collected next preceding such division from the taxable property in the territory composing the several districts. If the new districts be composed of parts of two or more districts, the trustees shall make distribution of such funds between the new district and the old districts, respectively, so that the new district shall receive a distribution of the funds of each of the old districts in the propor- tion which the amount of taxes collected from the property in the territory of the new district bears to the whole taxes collected, next before the division in the old district; and the town treasurer shall forthwith place the sum so distributed to the credit of the respective districts, and shall immediately place the proportion of the funds to which said new districts may be entitled to its credit on his books, and the funds on hand shall be subject at once to the order of the directors of the new district, and those not on hand, as soon as col- lected. 1. Where a school district is divided and a new one formed, the trustees of the township concerned should make a division of the funds, property and debts in a just and equitable manner. School Directors v. Miller, 49-494. 2. It is not within the power of the township trustees, by any action in the re-organization of a township, to impair the obligation of the directors of any school district therein. If the indebtedness of any such district is apportioned among and laid upon the new organizations, thus securing its payment, the old district is thereby discharged; but that not having been done, it remains bound, and for all purposes of a remedy, will still be deemed to exist. Rogers v. Ihe People, 68154; Moll v. School Directors, 23A-508. 3. Where the board of trustees meet for the purpose of appraising and dis- tributing property and funds, consequent upon the formation of a new district, and the records show that the board of trustees met for that purpose, it will be presumed that the distribution was made by the board of trustees, to whom is confided the formation of the districts and the apportionment of the school funds. School Directors v. School Directors, 73-249. 4. Where an appraisement and distribution of school funds were made on the formation of a new district, and the old district refuses to pay over the proceeds to the treasurer, and the board of trustees neglects to compel such payment, the proper remedy for the new district is by bill in chancery to compel the collection of the fund, and the application thereof to its legitimate use, and to prevent its perversion. School Directors v. School Directors, 135-464. § 64. The trustees of the township or townships concerned shall, at the time of the creation of a new district or within the period of 80 days thereafter, proceed to the appointment of three appraisers, who shall not be citizens of the township or townships interested. It shall be the duty of said appraisers, within 80 days after their ap- pointment, to appraise the school property, both real and parsonal, of the district or districts interested, at their fair cash value. Within 80 days after such appraisement, the trustee or trustees of the town- ship or townships concerned shall proceed to charge the property to the district in which it may be found and to credit the other district interested therein with its proportion of such valuation: Provided, that the bona fide debts if any, of the old district shall first be de- ducted and the balance charged and credited as aforesaid; and the trustees shall direct the treasurer to place to the credit of the district 49 not retaining said property, its proportion of the value of said property, and of the funds then on hand, or subsequently to accrue, belonging to such district to which such property is charged. 1, Where a new district is created, and an appraisal and distribution is made upon the formation of such new district, and the old district refuses to pay to the treasurer the amount found due upon division, and where the trus- tees refuse to act, the district may file its bill in chancery to have the fund collected and applied to its legitimate use, thus preventing: its loss or perver- sion. School Directors v. School Directors, 73-249; School Directors V. School Directors, 16A-651. 2. In the sale of lands, false particulars in descriptions are frequently re- jected, where it is manifestly a mistake, and when their rejection will sustain the grant and effectuate the intention of the parties; and, in promo- tion of justice and the purposes of our school system, the same rule should apply to the boundaries of school districts. School Directors v. School Direc- tors, 73 249. § Go. If the trustees shall fail to observe the provisions of sec- tions 63 and 64, in reference to the distribution of funds and prop- erty, they shall be individually and jointly liable to the district inter- ested, in an action on the case, to the full amount of the damages sustained by the district aggrieved. When trustees have heretofore failed to make the distribution of property to districts, as provided in said sections 63 and 64 of this article, the district interested in the making of such distribution may, by its directors, request the trustees, in writing, to proceed to make such distribution; and said trustees shall proceed to make such distribution in the manner pre- scribed, and shall be liable, as herein stated, for neglect or failure so to do. § 66. The clerk of any board of trustees who shall fail, neglect or refuse to perform the duties imposed upon him by this article of this act, or any of them, within the time or in the manner prescribed, shall, for each oflFense, forfeit not less than ten (10) dollars, nor more than twenty- five (25) dollars, of his pay as clerk of the board of trus- tees and township treasurer, which forfeiture shall be enforced by the trustees. § 67. If any school district shall, for two consecutive years, fail to maintain a public school, as required by law to do, it shall be the duty of the trustees of schools of the township, or townships, in which such district lies, to attach the territory of such district to one or more adjoining school districts; and in case said territory is added to two or more districts, to divide the property of said district between the districts to which its territory is added, in the manner hereinbefore provided for the division of property in case a new dis- trict is organized from a part of another district, and the action of the trustees in such case shall be final and binding. And the clerk of the trustees in such case shall file a copy of the record of the same, together with the map and list of tax-payers with the county clerk as in other cases of change of district boundaries. —4 S. 50 § 68. The majority of legal voters of a district lying in two or more townships may secure the dissolution of said district by peti- tioning the several boards of trustees of said townships, at their reg- ular meeting in April, that each will add the territory belonging to said district, in its township, to one or more adjacent districts. Upon receipt of such petition or the returns of the election (in dis- tricts containing one thousand or more inhabitants) the several boards of trustees shall each make such disposition of the territory of said district as lies in its township, and they shall jointly make such division of property of said district between the districts to which its territory is attached, as is hereinbefore provided in the case of the organization of a new district from a part of another district. The action of the trustees, in accordance with such petition or elec- tion, shall be final and binding; and the clerks of the several boards of trustees, in such case, shall file a copy of the record of the same, together with the map and lists of tax-payers, with the county clerk as in other cases of change of district boundaries. § 69. The trustees of schools, elected as provided for in this ar- ticle, shall be the successors to the trustees of school lands, appointed by the county commissioners' court, and of trustees of schools elected in townships under the provisions of "An act making provisions for organizing and maintaining common schools," approved February 26, 1841, and "An act to establish and maintain common schools," approved March 1, 1847, and "And an act to establish and maintain a system of free schools," approved April 1, 1872. All rights of prop- erty, and rights and causes of action, existing or vested in the trus- trees of school lands, or the trustees of schools appointed or elected as aforesaid, for the use of the inhabitants of the township, or any part of them, shall vest in the trustees of schools, as successors, in as full an complete a manner as was vested in the trustees of school lands, or the trustees of schools appointed or elected, as aforesaid. 1. An original judgment was obtained in 1839, by a school commissioner, as agent for the inhabitants o£ the county^ for the use of the inhabitants or a particular township, in pursuance of the laws as they then existed. The legal title to this judgment continued in the school commissioner until the passage of the act of 1841, which transferred the legal title in the judgment to the trustees of schools, who were authorized to be elected by the provis- ions of that act. Here the legal title rested until the law of 1845 transferred it to other trustees, authorized by that act to be elected. Irustees of Schools V. Douglas, 17-209. 2. The law was again altered in 1847 and 1849, when other trustees were authorized to be elected, who were declared to be successors to the several trustees authorized to be elected by the several laws hereinbefore mentioned, and vesting in them all rights of property, and rights of causes of action, existing or vested in the trustees of school lands, or trustees of schools as successors, in as full and complete a manner as was vested in the school commissioners, the trustees of school lands, or the trustees of schools ap- pointed or elected as aforesaid. Ibid. 3. If the Legislature had the power to pass the several acts transferring the legal title to the judgment, in the manner stated, there is no room left to doubt the right of a board of trustees to bring an action in debt on said judg- ment, to revive the same. These were all municipal corporations created for school purposes; and this judgment, and other property vested in them, was public property for the use of schools. The corporations in which it was 51 vested, were necessarily subject to legislative control and disposition. The complete authority of the Legislature over such subjects has never been doubted. Ibid. Article IV. TOWNSHIP TREASURER. Section 1. The township treasurer appointed by the board of trustees of schools shall, before entering upon his duties, execute a bond with two or more freeholders, who shall not be members of the board, as securities, payable to the board of trustees of the township for which he is appointed treasurer, with a sufficient penalty to cover all liabilities which may be incurred, conditioned faithfully to per- form all the duties of the township treasurer in township No range No in county, according to law ; which bond shall be approved by at least a majority of the board, and shall be delivered by one of the trustees to the county superintendent of the proper county. And in all cases where such treasurer aforesaid is to have the custody of all bonds, mortgages, moneys and effects denominated principal, and belonging to the township for which he is appointed treasurer, the penalty of said treasurer's bond shall be twice the amount of all bonds, notes, mortgages, moneys and effects and shall provide for the faithful accounting for, and turning over, of all such bonds, notes, mortgages, moneys and effects as shall come into his hands while he may act as such treasurer, under such ap- pointment, to his successor, when appointed and qualified, as herein provided by giving bond. The penalty of said bond shall be in- creased from time to time, as the increase of the amount of notes, bonds, mortgages and effects may require, and whenever, in the judg- ment of the trustees or county superintendent, the security is in- sufficient. Any and every township treasurer appointed subsequent to the first, as herein provided, shall execute bond with security, as is required of the first treasurer. The bond required in this section shall be in the following form, viz: State of Illinois \ „„ County, l^^' Know all men by these presents, that we, A. B., C. D., and E. F., are held and firmly bound, jointly and severally, unto the board of trustees of town- ship , range , in said coanty , in the penal sum of dollars, for the payment of which we bind ourselves, our heirs, executors, and administrators firmly by these presents. In witness whereof we have hereunto set our hands and seals this day of , A. D., 18 — The condition of the above obligation is such that if the above bounden A. B. , township treasurer of township range in the county aforesaid, shall faithfully discharge the duties of said office, according to the laws which now are or may hereafter be in force, and shall deliver to his successor in office, after such successor shall have fully qualified by giving bond as provided by law, all moneys, books, papers, securities and property which shall come into his hands or control, as such township treasurer, from the date of this bond up to the time that his 52 successor shall have duly qualified as township treasurer, by giving such bond as shall be required by law, then this obligation to be void; other *rise to re- main in fully force and virtue. Approved and accepted by: G. H.,) A. B. (Seal.) I. J., [Irustees. CD. (Seal.) K. L.,J E. F. (Seal.) 1. It is not essential to the validity of the bond that it should be literally in compliance with the statute. The statute is directory, and if the bond is substantially as required, there is no valid objection. Irustees of Schools v. Bodgers, 7A-33. 2. The consolidated act of 1872 did not terminate the oflScial term of the school treasurer by creating a new corporation to take the place of that by which he was appointed. The time of holding the election and term of trus- tees were not changed by that act, but they were continued as they were by the prior law, thus showing that the new corporation, if such it may be called, was only to be substituted for the prior one when its members had to be changed by reason of the expiration of their respective terms. Ladd v. Board of Irustees, 90-233. 3. If an officer succeeds himself, the second bond is liable for what he had in his hands at the end of his first term. The accidental circumstance that he succeeds himself does not extend the obligation of the first bond. He is presumed to have the money on hand when the second bond is executed. The obligation of a bond itself is satisfied by payment to successor and faith- ful performance of the duties of the office. Irustees of Schools v. Arnold, 58A-103. 4. Where a treasurer is elected by the board of education of a district ex- isting by virtue of a special charter, and a bond is executed by the treasurer- elect and delivered to the clerk of said board for approval, it becomes obliga- tory unless subsequently disapproved. It is also held, that if the clerk is not satisfied with the sureties, he should disapprove the bond, so that the officer may find other sureties. If this is not done the bond becomes obligatory to secure the rights of the public, and the bond is binding on such parties from the moment it is delivered to the clerk. Bartlett v. Board of Education, 59-364. 5. It has been generally held , that where a party signs a bond in blank, and the obligee fills it, or knows that it has been filled without the assent of the obligor, the instrument is void and cannot be enforced. But where a treasur- er's bond is written by himself, with blanks for the names of his sureties and the amount of the penalty, and after such sureties have signed the bond the amount of the penalty is subsequently filled in by the treasurer and delivered and accepted by him, without notice of any change by filling the blanks, it may be inferred that the sureties authorized the change, and the instrument will be binding. Ibid. In this connection see Smith v. Board of Supervis- ors, 59-412. 6. It is held that when a delinquent treasurer goes out of office and retains moneys which he received by virtue of his office, and refuses to pay the same to his successor in office, that a right of action is created thereby in favor of the board of trustees, and against the delinquent and his sureties on his offi- cial bond, whether an apportionment or division of the fund has been struck or not among the various districts of the township. And when an apportion- ment has been made to the several districts, it is not neceasary that the board should sue to the use of the districts. The money recovered would be held in trust for the districts entitled to the same, according to the apportion- ment. Irustees of Schools V. Stokes, 3A-267. 7. The township treasurer is appointed by the board of trustees of schools. The statute does not require such treasurer to take an oath of office. School Directors v, Ihe People, 79-511. 53 8. When a defaulting treasurer misappropriates funds that come to him in his official capacity during his term of office, then his securities for a suc- ceeding term of office are under no legal obligation to make good such defal- cation. Potter V. Board oj Irustees, llA-280. 9. The township treasurer is, by statute, the only lawful depository and custodian of all district school funds, and they are to be paid out only on the order of the school directors drawn on the township treasurer. The township treasure»r is, therefore, the proper officer to make demand for such school funds of any one holding the same unlawfully. School Directors v. Ihe Peo- ple, 79 511. 10. The duties of school directors are derived exclusively from the statute, are specifically defined, and if they exercise powers and functions not con- ferred upon them, the statute has made them responsible for all losses that may ensue. They may borrow money for enumerated purposes, on terms prescribed, and, when obtained, it is their duty to pay it over to the treasurer, who is the only proper custodian. Should they place it in the hands of any one else, it is at their own risk. Adams v. State oj Illinois, 82-132. 11. A township treasurer, by virtue of the statute, is an insurer of the funds coming into his possession, and, to exonerate himself u^jon his bond, he must show that he has paid out or disposed of the funds in his hands in pursuance of law, or that he has been prevented from so doing by the act of God or the public enemy. Ihompson v. Irustees of Schools, 30-99; Irustees of Schools V. Smith, 88-181; Swift \. Irustees of ScJiools, 189 5Si; HumistonY. Irustees of ScJwols, 7A-122; Scheik v. Irustees of Schools, 24A-369. 12. The law is well settled by numerous decisions of the Supreme Court of this State that where the identity of a trust fund is lost by reason of its having been mingled with other funds, that as against general creditors, the owners of the fund have no priority. School Irustees v. Kirwin, 25-73; Zer- wick V. Weir, 81A-181. 13. Where a treasurer is appointed at the expiration of the term of his predecessor, or is reappointed, his own time having expired, and the bond executed is in form as required by the statute, his sureties are liable for his official acts and doings, for the full term of the bond, notwithstanding any representations the principal may have made to such sureties, as to the term or purpose of such instrument. Ladd v. Board of Irustees, 90-233. 14. When a township treasurer makes entries in his books, or in a report which the law requires him to make, both he and the sureties on his bond are estopped to deny the correctness of such entries, in a suit on the official bond of such officer. Longan v. laylor, 130-412. 15. One accepting the office of township treasurer takes upon himself the duty of safely keeping the moneys of the township which come into his hands, and of disbursing them pursuant to law, and he and his sureties can- not be excused from making good a deficiency resulting from the failure of the bank where the funds were deposited, although he supposed the bank to be solvent. Swift v. Irustees of Schools, 189-584; Swift v. Irustees of Schools, 91A-221, affirmed. 16. If, in an action on a township treasurer's bond, an admission by the treasurer as to the fact and the amount of the deficiency is proved, it is not prejudicial error to permit his successor in office, without producing the books, to testify that the books showed that the treasurer had received such amount, but had failed to turn it over. Ibid. 17. In a suit on a township treasurer's bond, an admission by him that he owed the township a certain amount is evidence of the fact, not only against himself, but against his co-obligors. Ibid. § 2. Every township treasurer shall provide himself with two well bound books, one to be called a cash book, the other a loan book. He shall charge himself in the cash book with all moneys received, stating the charge, when, from whom, and on what account 5i received, and credit himself with all moneys paid or loaned, stating the amount loaned, the date of the loan, the rate of interest, the time when payable, the name of the securities; or, if real estate to be taken, a description of it. He shall also enter, in separate accounts, moneys received and moneys paid out, charging the first to debit account, and crediting First — The principal of the township fund, when paid in and when paid out. Second — The interest of the township fund, when received and when paid out. Third — The common school fund and other funds, when received from the county superintendent and when paid out. Fourth — The taxes received from the county or town collector, for what district received, and when and what purpose paid out. Fifth — Donations received. Sixth — Moneys coming from all other sources; and in all cases entering the date when received, and when paid out. And he shall also arrange and keep his books and accounts in such other manner as may be directed by the State or county superintendent or the board of trustees. He shall also provide a book, to be called a jour- nal, in which he shall record, fully and at length, the acts and pro- ceedings of the board, their orders, by-laws and resolutions. And he shall also provide a book, to be called a record, in which he shall enter a brief description of all notes or bonds belonging to the town- ship, and upon the opposite page he shall note down when paid, or any remarks to show where or in what condition it is, as in the fol- lowing form, viz.! Maker's Name. Date of Note.- When Due. Amount. Remarks. A. B.. C. D.. E. F. January 1, 18 January 1, 18 $90 00 January 6. 18 handed to I. J., for collection, or January 6. 18 — paid. All the books and accounts of the treasurer shall at all times be subject to inspection of the trustees, directors or other persons authorized by this act, or by any committee appointed by the voters of the township, at the annual election of trustees, to examine the same. 1. A township treasurer should keep his books so as to show the exact condition of his accounts, and he has no right, in case of his defalcation, to require the township trustees to ascertain the amount due, and insist that they be bound by the amount they agreed to accept, in the belief that it was correct, but which was afterward found to be too small, owing to misrepre- sentations by the treasurer as to certain credits claimed by him and allowed by the expert employed by the parties interested, including the trustees, on the faith of such representations. Whitlow v. Irustees of Schools, 191-457; Whitlow V. Irustees of Schools, 93A-664 affirmed. 55 § 3. Township treasurers shall loan, upon the following condi- tions, all moneys which shall come into their hands by virtue of their oflSce, except such as may be subject to distribution. The rate of interest shall not be less than five per cent nor more than seven per cent per annum, payable annually, the rate of interest to be deter- mined by a majority of the township trustees at any regular or special meeting of their board. No loan shall be made for less than six months, nor more than five years. For all sums not exceeding $200 loaned for not more than one year, two responsible sureties shall be given; for all sums over $200, and for all loans for more than one year, security shall be given by mortgage on real estate unincum- bered, in value 40 per cent more than the amount loaned, with a condition that in case additional security shall be at any time re- quired, the Sctme shall be given to the satisfaction of the board of trustees for the time being: Provided, that nothing herein shall prevent the loaning of township funds to boards of school directors, taking bonds therefor, as provided in section 1, article 9, of this act. (As amended by an act approved April 24, 1899.) 1. The duty of township treasurers as to the kind and amount of security to be by them taken upon the loan of money in their hands, is clearly defined hy this section. Board oj Irustees v. Baker, 24A-231. 2. A plea that admits the allegation in a declaration that the defendant, in violation of this section, as treasurer, did make the alleged loan, and failed to take a mortgage on real estate equal to the amount required by law, and seeks to avoid liability for such neglect of duty by averring that he acted in pursuance of the directions of the board of education of the district to which the funds belong, constitutes no defence. Ibid. Board of Irustees v. Baker, 34A-620. 3. Where there are two or more sureties on a note, and the statute pro- vides for a discharge from liability, by reason of notice to collect, and failure of payee to sue within a reasonable time, a notice to sue, given by one surety on his own behalf, will not operate to discharge another surety who gives or joins in no notice. Irustees of Schools v. Southard, 31A-359. 4. The treasurer is appointed by the board of trustees, and it is made his duty to lend school moneys, to collect, to safely keep funds, and discharge other duties prescribed by the statute. While an officer appointed by the board of trustees, his duties are prescribed by the statute and no power can authorize him to neglect or violate those duties. There is a certain super- visory control exercised by the board of trustees in pursuance of the statute. The treasurer must account semi-annually to the trustees, and lay before them all books, notes, bonds, mortgages and all other evidences of indebted- ness belonging to the township. Ibid. 5. The legislature may, from time to time, direct in what rnanner the school funds shall be loaned, upon what security, at what rate of interest, in what currency they shall be received, and by whom they shall be applied. Bush v. Shipman, 4 Scammon-186; Keyes v. Jasper, 4 Seammon-305. 6. It is the duty of the township treasurer under this section, when he lends money for a longer time than one year, to secure the loan by a mort- gage on real estate, which, at a fair and reasonable cash value, is worth forty joer centum more than the amount lent, and he must resort to all access- able means of information to satisfy himself that the title to the land is in the mortgagor and is unencumbered. The title must be such that a prudent and careful man would not hesitate to invest his money in it. If the treas- urer neglects to do this, then the loan is not authorized by law, and he is, in legal contemplation, guilty of violating official duty. If he violated the law in lending the money, and thus incurs liability, it is for the illegal loan, and 56 necessarily the liability accrues as soon as the illegal act is done. People v. Haines, 5 Gilman-528. In this connexion see Board of Irustees v. Misen- heimer, 78-22. 7. Where money belonging to one district is paid to another, the school directors of the latter could not refuse to receive the money thus ordered by the trustees to be paid to them; by receiving it, they did not become liable to an action by another district claiming it. If the district to which the money should have been paid has any action, it must be against the trustees of the township. School Directors v. School Directors, 36-140; School Direc- tors V. School Directors, 105-653. 8. If at the time a loan is made the treasurer acts in good faith, and with due caution and circumspection, and acting on his own judgment believes that the mortgaged premises are worth forty per centum more than the loan, he will not be liable. This rule and doctrine fiuds support in decisions of the supreme court, in cases similar to this, wherein the duties of officers in tak- ing security is fully explained and defined, and also the acts and omissions of the officer with respect thereto, which create liability upon his official bond. Board oj Irustees v. Baker, 34A-620. 9. The provision of the statute fixing the amount of the security is com- plied with by the officer lending the money, if, acting on his own judgment and information, and in good faith, he lends the money, believing at the time, the land mortgaged is worth forty per centum more than the amount of the loan. But the condition is added, that he must act with due caution and circumspection and must avail himself of sources of information accessible to him to aid in arriving at a correct estimate of the value of the land offered as security. Ibid. 10. Where a township treasurer lends a larger sum than that prescribed by this section, and takes a promissory note therefor, such excess does not render the note void. The obvious intent of the statute is to protect the school funds and the interest of the public therein. It must, therefore, be construed with that intent in view. Edwards v. Irustees oj Schools, 30A-528. 11. The school fund, while in the hands of the township treasurer, is a public trust fund, and as long as he holds the money it remains a trust fund, but when he pays it out to a board of directors, on its orders, it is not a trust fund in the treasurer's hands which would exclude the operation of the statute of limitations. School Directors v. School Directors, 105-653. § 4. Notes, bonds, mortgages and other securities taken for money or other property due, or to become due, to the board of trustees for the township, shall be payable to the said board by their corporate name; and in such name, suits, actions and complaints, and every description of legal proceedings may be had for the recovery of money, the breach of contracts and for every legal liability which may at any time arise or exist, or upon which a right of action shall accrue to the use of such corporation. Provided, however, that notes, bonds, mortgages and other securities in which the name of the county superintendent, or the trustees of schools are inserted, shall be valid to all intents and purposes, and suit shall be brought in the name of the board of trustees as aforesaid. The wife of the mort- gagor (if he is married) shall join in the mortgage given to secure the payment of money loaned by virtue of the provisions of this act. § 5. Whenever there is a surplus of funds in the treasurer's hands belonging to any school district, the treasurer may loan the same for the use and benefit of such district, upon the written request of the directors of said district and not otherwise; and all such loans shall be on the same conditions as are prescribed in this article for the loaning of township funds. 57 1. The statute clearly and explieitly imposes upon the treasurer the duty of making loans of such fund, upon request of the directors, and commands him to take a certain kind and amount of security. He cannot relieve him- self of liability for a neglect of that duty by following the directions of a body of officers having no authority to give such directions. Board oj Direc- tors V. Baker, 24A-231. § 6. The township treasurer shall, on or before the 80th day of June, annually, prepare and deliver to the county superintendent of his county, a statement, verified by his affidavit, showing the exact condition of the township funds. Said statement shall contain a description of the securities, bonds, mortgages and notes belonging to the township, giving names of securities, dates, amounts of loans, rate of interest, when due, and all data by which a full understand- ing of the condition of the funds may be obtained. The county superintendent shall preserve such statement for the use of the township. § 7. Mortgages to secure the payment of money loaned under the provisions of this act, may be in the following form, viz: I, A. B., of the county of and State of ....do hereby grant, convey and transfer to the trustees of schools of township.... , range in the county of and State of Illinois, for the use of the inhabitants of said township, the following described real estate, to- wit: (Here insert premises), which real estate I declare to be in mortgage for the payment of dollars loaned to me and for the payment of all interest that may accrue thereon to be computed at the rate of per cent per annum until paid. And I do hereby covenant to pay the above sum of money in years from the date hereof, and to pay the interest on the same annually, at the rate afore- said. I further covenant that I have a good and valid title to said estate, and that the same is free from all incumbrance, and that I will pay all taxes and assessments which may be levied on said estate, and that I will give any ad- ditional security that may at«,nj' time be required in writing by the board of trustees; and if said estate be sold to pay said debt, or any part thereof, or for any failure or refusal to comply with or perform the conditions or cove- nants herein contained, I will deliver immediate possession of the premises. And it is further agreed by and between the parties, in case a bill is filed in any court to foreclose this mortgage for non payment of either principal or interest, that the mortgagor will pay a reasonable solicitor's fee, and the same shall be included in the decree and be taxed as cost; and we, A. B., and C , wife of A. B., hereby release all right to the said premises which we may have by virtue of any homestead laws of this State, and in considera- tion of the premises, C, wife of A. B., doth hereby release to said board all her right and title of dower in the aforegranted premises for the purpose aforesaid. In testimony whereof, we have hereby set our hands and seals this. day of 18.... Which mortgage shall be acknowledged and recorded as is required by law for other conveyances of real estate; the mortgagor paying the expenses of acknowledment and recording. On payment of any school mortgage in full, it shall be the duty of the trustees of schools to give a deed of release of such mortgage or to enter satisfaction thereof upon the record, such deed of release or satisfaction to be executed by the township treasurer. § 8. Upon the breach of any condition or stipulation contained in said mortgage, an action may be maintained and damages recov- 58 ered as upon other covenants; but mortgages made in any other form to secured payment, as aforesaid, shall be valid as if no form had been prescribed. In estimating the value of real estate mortgaged to se- cure the payment of money loaned under the provisions of this law, the value of improvements liable to be destroyed may be included; but in any such case said improvement shall be insured for the in- surable value thereof in some safe and responsible insurance company or companies, and the policy or policies of insurance shall be trans- ferable to the board of trustees as additional security for any loan, and shall be kept so insured until the loan is paid. 1. Where lands are first offered by the Master in separate parcels, and there being no bidders, the lands may then be sold en masse. Van ValJcenberg V. Irustees of Schools, 66-103. § 9. In all cases where the board of trustees shall require addi- tional security for the payment of money loaned, and such security shall not be given, the township treasurer shall cause suit to be in- stituted for the recovery of the same, and all interest thereon to the date of judgment. Provided, That the proof be made of the said requisition. 1. The provisions of this section enter into every contract of loans made under the statute, and constitute, so far as applicable, as much a part of the mortgage as if expressly incorporated into it. It is apparent Ithat the in- tention of section 9 is to make the orignal debt become due, for all the pur- poses of any remedy for its collection, immediately upon failure to comply with the requirement to give additional security. The authority to require such additional security is given by statute. When requisition for additional security is made and not complied with, a bill wjll lie to foreclose such mort- gage. Board of Irustees v. Davidson, 65-124. § 10. In the payment of debts by executors and administrators, those due the common school or township fund shall have a prefer- ence over all other debts, except funeral expenses, the widow's award, and the expenses attending the last sickness, not including the phy- sician's bill. And it shall be the duty of the township treasurer to attend at the office of the probate judge upon the proper day, as other creditors, and have any debts, as aforesaid, probated and classed, to be paid as aforesaid. 1. When the maker of a note payable to the order of the township treas- urer dies, it is the duty of such officer to present such note on the day ap- pointed by the administrator for the adjustment of claims and have it allowed against his estate. McEaney v. Irustees of Schools, 68-140. 2, Where there is no evidence in the records to show that there has been any loss to the trustees on account of the treasurer failing to have the note probated, the trustees are entitled to recover only nominal damages. Ibid. In this connexion see House v. Irustees of Schools, 83-368; Curry v. Mack, 90-606. § 11. If default be made in the payment of interest due upon money loaned by any county superintendent or township treasurer, or in the payment of the principal, interest at the rate of twelve per cent per annum shall be charged upon the principal and interest from the day of default, which interest shall be included in the as- sessment of damages; or in the judgment in the suit or action 59 brought upon the obligation to enforce payment thereof, and interest as aforesaid may be recovered in action brought to recover interest only. The said township treasurer is hereby empowered to bring ap- propriate actions in the name of the board of trustees, for the recoT- ery of the yearly interest, when due and unpaid, without suing for the principal, in whatever form secured; and justices of the peace shall have jurisdiction of such cases of all sums not exceeding two hundred dollars. 1. The interest charged at the rate of twelve per centum per annum, for not paying school money borrowed, when due, is in the nature of a penalty, and cannot be recovered upon a declaration in the ordinary form, upon the note, but a special averment should be inserted, claiming the penalty. Ham- ilton V. Wright, 1 Scammon-582; Irustees of Schools V. Bibb, 14-317; Sexton V, School Commissioner, 19-51. 2. This penalty is not assignable. It is given by the statute for wrong- fully withholding money due the school fund, and is not a part of the con- tract contained in the bond or mortgage given to secure the money loaned. It cannot be recovered upon an ordinary declaration counting upon the con- tract, but a special count is required, claiming the penalty as given by the statute. Bradley v. Snyder, 14-263. § 12. All suits brought or actions instituted under the provisions of this act, may be brought in the name of the trustees of schools of township No range No except as provided for qui tarn actions, or actions in favor of county superintendents. § 13. The said township treasurer shall demand, receive and safely keep, according to law, all moneys, books and papers of every description belonging to his township. He shall keep the township funds loaned at interest; and if, on the first Monday in October, in any year, there shall be any interest or other funds on hand which shall not be required for distribution, such amount not required as aforesaid, may, if the board of trustees sees proper, forever be con- sidered as principal in the funds to which it belongs, and loaned as Buch. 1. All moneys that come into the hands of the treasurer, as such, must necessarily be and remain there, in contemplation of law and in the real sense of the bond, as to the obligee, and for all purposes, until they are ac- counted for by some act or fact which legally discharges him from liability for them. Where they have thus come during a former term, and have not been so accounted for, they must have come thence into his hands as treas- urer for the one succeeding. Irustees of Schools v. Peak, 43A-50. § 14. On the first Mondays in April and October of every year, the township treasurer shall lay before the board of trustees a state- ment showing the amount of interest, rents, issues and profits that have accrued or become due since their last regular half yearly meet- ing, on the township lands and township funds, and also the amount of State and county fund interest on hand. He shall also lay before the said trustees all books, notes, bonds, mortgages and all other evi- dences of indebtedness belonging to the township, for the examina- tion of the trustees; and shall make such other statement as the board may require, touching the duties of his otfic9. 60 § 15. The said township treasurer shall make out annually, and present to the board of trustees, at their meeting succeeding the an- nual election, a complete exhibit of the fiscal affairs of the township, and of the several districts or parts of districts in the township, showing the receipts of money, and the sources from which they have been derived, and the deficit and delinquencies, if there be any, and the cause, as well as a classified statement of moneys paid out, and the amount of obligations remaining unpaid. § 16, The township treasurer shall, within two days after the first Monday of April, and on July 15th in each year, make out for each district or part of district in the township, a statement or exhibit of the exact condition of the account of such district or part of district, as shown by hiS' books on April 1 and June BO of each year; which statement or exhibit shall show the balance at the time of making the last exhibit, and the amount received since, up to the time of making the exhibit, and when and from what source received; and it shall also show the amount paid out during the same time, to whom paid, and for what purpose, and shall be balanced, and the balance snown, It shall be the duty of said treasurer to comply with any lawful demand the said trustees may make as to the verification of any balance reported by said treasurer to be on hand. The exhibit shall be subscribed and sworn to by the treasurer before any officer authorized to administer an oath, and shall then, by the treasurer, be, without delay, delivered or transmitted by mail to the clerk of the board of directors of the proper district. It shall be the duty of the said clerk, upon receiving such exhibit, to enter the same upon the records of the district, and, at the next annual election of direc- tors thereafter, to cause a copy thereof to be posted up at the front door of the building where such election is held. § 17. For a failure on the part of the treasu^-er, clerk of any board of directors, or any director, to comply with any of the requirements of the preceding sections of this article, he shall be liable to a penalty of not less than $5 nor more than $50, to be recovered before any justice of the peace of the county in which the offense is committed. § 18. When any order drawn for the payment of a teacher, is presented to the township treasurer for payment, and is not paid for want of funds, the said treasurer shall make a written statement over his signature by an endorsement on such order, with date, showing such presentation and non-payment, and shall make and keep a record of such endorsement. Such order shall thereafter draw in- terest at the rate of seven per cent per annum until paid, or until the treasurer shall, in writing, notify the clerk of the board of directors that he has funds to pay such order, and of said notice, the said treasurer shall make and keep a record; after giving said notice, he shall hold the funds necessary to pay such order until it is presented for payment, and such order shall draw no interest after the giving of said notice to said clerk of the board. (As amended by an act ap- proved April 24, 1899.) 61 §. 19. In addition to the foregoing requirements, it shall be the duty of the said township treasurer — First — To return to the county clerk of his county, on or before the second Monday of August in each year, the certificate of tax levy made by each board of school directors in his township. 1. Under the school law of 1849 it was essential to the validity of a school tax, that it be certified to the county clerk by the time designated. Cowqill V. Long, 15-202. Second — To pay, whenever he has funds in his hands belonging to the district, all lawful orders drawn on him by the board of directors of any school district in his township. Third — To collect, from the collector of taxes of the township and the county collector of taxes, the full amount of the tax levies made by the several boards of directors in his township. Fourth — To examine the official record of each school district in the township on the first Mondays in April and October of each year. Fifth — To keep a correct account between the districts where pu- pils are transferred by the directors from one district to another. Sixth — To give, upon the order of the trustees of schools, notice of the election of trustees, as required by law. Seventh— To give, in case of the formation of a new school district, notice of the election of a board of school directors. Eighth — To cause to be published, in some newspaper published in his county an annual statement of the finances of the township as required by law. Ninth — To make, whenever a change has been made in the bounda- ries of a school district, a complete copy of the records of the trus- tees, a map of the township showing such change of boundaries, and an accurate list of the taxpayers in the newly arranged districts, and tile the same with the county clerk within twenty days of the time such change was made. Tenth — To file and safely keep all poll-books and returns of elec- tion which may be delivered to him under any provisions of this act. Eleventh — To receive and safely keep all moneys, securities, papers, and effects belonging to the township or the school districts which, by law, are required to be deposited with such treasurer. § 20. For any failure or refusal to perform all the duties required of the township treasurer by law, he shall be liable to the board of trustees, upon his official bond, for all damages sustained, to be re- covered by action of debt by said board, in their corporate name, for the use of the proper township, before any court having jurisdiction of the amount of damages claimed; but if such treasurer, in any such failure or refusal, acted under and in conformity to a requisi- tion or order of said board, or a majority of them, entered upon their journal and subscribed by their president and clerk, then, and in that case, the members of the board aforesaid, or those of them voting 62 for such requisition, or order aforesaid, and not the treasurer, shall be liable, jointly and severally, to the inhabitants of the township for such damages, to be recovered by an action of assumsit in the official name of the county superintendents [superintendent] of schools, for the use of the proper townships: Promded, that said township treasurer shall be liable for any part of the judgment obtained against said trustees which can not be collected on account of the insolvency of such trustees. 1. The trustees become liable when a wrongful act or neglect of duty by the treasurer is required by an order of the board, entered upon their journal and signed by the president and clerk. Lovington v. Board of Irustees, 99 564. In this connexion see Irustees V. BaJcer, 24A-231; Irustees V. Misen- heimer, 78-22. § 21. Whenever a township treasurer shall resign or be removed, and at the expiration of his term of office, he shall pay over to his successor in office, all money on hand, and deliver over all books, notes, bonds, mortgages and all other securities for money, and all papers and documents, of every description, in which the corporation has any lawful interest whatever; and, in case of the death of the township treasurer, his securities and legal representatives shall be bound to comply with the requisitions of this section, so far as the said securities and legal representatives may have the power so to do; and, for failure to comply with the requisitions of this section, the persons neglecting or refusing shall be liable to a penalty of not less than ten (10) dollars nor more than one hundred (100) dollars, at the discretion of the court before which judgment may be obtained, to be recovered in an action of debt, in the name of the trustees of schools, before any justice of the peace, for the benefit of the school fund of such township: Provided, that the obtaining or payment of such judgment shall in no wise discharge or diminish the obliga- tion of the persons signing the official bond of such township treas- urer. 1. The law requires the treasurer to faithfully discharge the duties of his office. His sureties are bound by his official acts, and by the knowledge he possesses. He is bound by every legal, as well as moral, principle to be truth- ful and honest. Where he has been credited upon his cash book for money he had never paid, bis sureties will be bound by such knowledge in making a final settlement. Whitlow v. Irustees of Schools, 93 A- 664. § 22. The township treasurers shall receive in full, for all serv- ices rendered by them, a compensation to be fixed, prior to their election, by the board of trustees. 1. This section, in express terms, prohibits any extra pay for the perform- ance of any duty imposed by the statute. Lovington v. Board of Irustees, 99-564. 2. Where a school treasurer is permitted to retain two per centum of all moneys paid out, this means for the current year. A treasurer cannot con- tinue from year to year to pay out all the revenues in his hands, including his own commission, whether as a gratuity or from ignorance of his rights in the premises, and then on becoming better informed as to his rights, break in on the revenue raised for the support of the public schools of the current year for back salary, or commissions. Bunn v. Ihe People, 32A410. 63 Article V. BOARD OF DIRECTORS. Section 1. In all school districts having a population of less than one thousand inhabitants, and not governed by any special act in relation to free schools now in force, there shall be elected in the manner hereinafter provided for, a board of directors to consist of three members. (As amended by an act approved June 1, 1889.) § 2. The directors of each district are hereby declared a body politic and corporate, by the name of "school directors of District No township No range county of and State of Illinois," and by that name may sue and be sued in all courts and places whatever. 1. The board of school directors, though a corporation, are possessed of certain specially defined powers, and can exercise no others, except such as result, by fair implication, from the powers granted. Olidden v. Hopkins, 47-525; Wells v. Ihe People, 71-532; Peers v. Board of Education, 72-508; School Directors v. Fogleman, 76-189. 2. The duties of school directors are derived exclusively from the statute, are specifically defined, and if they exercise powers and functions not con- ferred upon them, the statute has made them responsible for all losses that may ensue. Adams v. State oj Illinois, 82-132; Sharp v. Smith, 32A-336. 3. Directors can exercise only such powers as may be given by law, and such as result from fair implication from such powers, and if they exceed such powers and do an act expressly prohibited by law, their action is void. It cannot be made valid even by ratification, much less by estoppel. Wells V. Ihe People, 71-532; such a contract is a nullity. Stanhope v. School Direc- tors, 42A-570. 4. To say that directors are estopped is to say that a public corporation created by law, having no power except what is given by law, may not only exceed the powers given, but may do acts expressly forbidden to be done, and yet the prohibited and illegal and void act may become binding and law- ful by the operation of the principles of estoppel and thereby powers ex- pressly denied may be lawfully exercised. Such is not the law. Ibid. 5. The statute prescribes the duties, and defines and limits the powers of a board of school directors, in terms clear and explicit, and that body can exercise no other powers than those expressly granted, or such as may be necessary to carry into effect a granted power. School Directors v. Wright, 43A-270. 6. The powers of school directors are limited to those expressly granted, or such as result by necessary implication from those granted. Stevenson V. School Directors, 87-255, 7. Any one seeking to recover money from public funds under the school law, must, by the necessary averments, bring their case within its provisions. Suit should not be brought against school directors in their individual, but their corporate name. The only mode for enforcing judgement is provided by section 9, article 16 of the school law. An order for a general execution is erroneous. Botkin v. Osborne, 39-101. 8. The persons assuming to act as directors of a district are the only par- ties that need to be brought before the court to test the validity of the organ- ization of the district. Chessire v. Ihe People, 11-493. 9. The acts of officers de facto are as valid and effectual where they concern the public or the rights of third persons, as though they were officers de jicre. School Directors v. Jingle]/, 73A-471. 64 10. Where there is but one ofl&ce, there can not be an officer de jure and an officer de facto, both in possession of the office at the same time. Where one rightfully entitle to the office, is discharging its functions and actually in possession, the acts of another obtruding himself into the office are void. School Directors V. National School Furniture Co., 53A-254. 11. The directors of school districts are by statute declare to be bodies politic and corporate. They are invested with corporate powers for a few specific purposes. Where there is a school district de facto, and school directors elected for it, and they proceed to build a school house, and a tax is levied for the purpose of paying for the school house, such school directors are officers de facto by color of election, and are exercising an office to which the power to levy a tax is incident. Irumbo v. Ihe People, 75-561. 12. Where a school district is formed in violation of stautory provisions, the legality of the formation of such district can not be inquired into in a collateral proceeding. The only mode in which the illegality can be taken advantage of, is by information in the nature of a quo warranto. Ibid: People v. Newberry, 87-41. In this connection see Miller Y. Irustees of Schools, 88-26. 13. It is a well settle principle that the acts of officers de facto are as valid and effectual, when they concern the public, or the rights of third persons, as though they were officers de jure, and that the title to an office can not be decided in a collateral suit, but it must be a direct proceeding. Ibid 14. When the legality, or, rather, the existence, of a school district is in- tended to be questioned, it must be done by direct proceeding in the nature of a quo warranto or scire facias. People V. Trustees of Schools, 111-171. 15. School directors have no power to make contracts for the employment of teachers for terms to commence beyond the expiration of the current school year. There is no objection to contracts for the teaching of terms ex- tending for a reasonable time beyond the current school year, when such con- tracts are entered into in good faith, and not for the purpose, merely, of forcing upon the district an unsatisfactory teacher or defeating the will of the voters at the annual election. Stevenson v. School Directors, 87-255. 16. The presumption in regard to school, as well as all other public officers, when assailed collaterally, is, that they are lawful until the contrary is clearly established; and a court can indulge in no presumption of irregularity except where it is expressly agreed to exist. People v. Newberry, 87-41. 17. One board of school directors has no power, under our school law to make contracts wholly to be carried out in the future, to divest future boards of the power to select the teachers they shall desire, for the terms to be com- menced after their organization. School Directors v. Ann Hart, 4A-224. 18. A board of directors cannot maintain a suit to compel a deed for a school house site. Such suit can be brought only in the name of the school trustees, who, as a quasi corporation, have the entire control of such matters. The school directors, as such, cannot interfere and have no such interest in the subject. A suit for such purpose could only be maintained in the name of the trustees of schools, or in the name of some tax-payer or other person having a pecuniary interest in the matter, by showing tbat the trustees re- fused to perform their duty. The law invests the school directors with no such interest. Wilson v. School Directors, 81-180. 19. It is unnecessary in a declaration against a quasi corporation of lim- ited powers, such as the school directors of a district, that the cause of action must be specifically set out, so that the court may see affirmatively that the liabity sued on is one authorized by the statute. It would seem that if there be any ease embraced in the common counts, for which the defendants under any circumstances could become liable, the allegation contained in the com- mon counts must be held to embrace everything in detail necessary to sus- tain the act. Folsom v. School Directors, 91-402. 20. It is a fundamental principle, that a general enactment does not ope- rate as a repeal of a special law on the same subject, even though enacted at the same session. So a subsequent statute, which is general, does not abro- gate a former statute which is particular. ***** When two acts are seemingly repugnant, they should, if possible, be so construed that the latter 65 may not operate as a repeal of the former by implication. ***** a. school district should not be required to give bond on appeal from a justice's judgment. Kelly v. School Directors, 66A-134. 21. In a proceeding by information in the nature of a quo warranto where school directors are called on to show by what warrant they exercise the func- tions of their office, they are bound to exhibit good authority for acting as such officers. It is not enough to allege generally that they were duly elected to office; it is necessary to state particularly how they were elected, and how the school district, of which they claim to be directors, has been formed. They should show on the face of their plea, that they have a valid title to their office. The people are not bound to show anything. Carrico v. 27ie People, 123-198. 22. Under our form of government all power emanates from the people. The right to inquire into the authority by which any person assumes to exer- cise the functions of a school office, belongs to the people as a part of their sovereignty. In the quo warranto proceeding the people are the plaintiffs, whether upon the relations of a third person, or not. The rule that, where a new right and a remedy for its invasion are conferred by the same statute, parties injured are confined to the statutory redress, does not apply to the people. Snowball v. Ihe People, 147-260. 23. Because the statute provides a mode of contesting elections in the county court, it does not follow that the people, in their sovereign capacity, are thereby precluded from inquiring by information in the nature of a quo warranto into usurpations of office. The two remedies are distinct, the one belonging to the elector in his individual capacity as a power granted, and the other to the people in the right of their sovereignty. Ibid. § 3. Any person, male or female, married or single, of the age of 21 years and upwards, who is a resident of the school district, and who is able to read and write in the English language, shall be eligi- ble to the office of school director: Provided, That no person shall be eligible to the office of school director who is at the time a mem- ber of the board of school trustees. § 4. If any director shall, during the term of his office, remove from the district in which he was elected, his office shall thereby be- come vacant and a new director shall be elected, as in other cases of vacancy in office. § 5. The annual election of school directors shall be on the third Saturday of April, when one director shall be elected in each district, who shall hold his office for three years, and until his successor is elected. 1. A person cannot be legally elected to the office of school director for a district in Illinois by persons voting for him in some other state. The right of an elector to vote outside of the State for an office within the State, is not recognized by either our Constitution or statute. Both require that he shall have resided in the State one year, in the county 90 days, and in the district where he seeks to east his vote 30 days. School Directors v. National School Furniture Co., 53 A 254. § 6. In new districts, the first election of directors may be on any Saturday, notice being given by the township treasurer, as for the election of trustees, when three directors shall be elected, who shaH, at their first meeting, draw lots for their respective terms of office, for one, two and three years. — 5 S. 66 § 7. When vacancies occur, the remaining director or directors, shall, without delay, order an election to fill such vacancies, which election shall be held on Saturday. § 8. Notice of all elections in organized districts shall be given by the directors at least ten days previous to the day of said election. Said notice shall be posted in at least three of the most public places in the district, and shall specify the place where such election is to be held, the time of opening and closing the polls, and the question or questions to be voted on. 1. Where notice of an election specifies the object to be for the purpose of electini three directors, for selecting a school house site, jor a school house ;for said district, it is held that it is sufficient, as there is no doubt of its mean- ing. Merritt v. Ferris, 22 303. 2. The provisions of the statute as to the manner of conducting the details of an election are not mandatory, but directory, and irregularities in conduct- ing an election and counting the votes, not proceeding from any wrongful in- tent, and which derprive no legal voter of his vote and do not change the result, will not vitiate the election. Ackerman v. Haenck, 147-514. 3. The registration law does not embrace school elections or elections other than those within its terms. Bloome v. Hograeff, 193-195. 4. If a legal voter is challenged upon some ground which does not go to his qualification as a voter, such voter is entitled to vote without making an affidavit. Ibid. 5. If there is no difficulty in determining for whom qualified voters at- tempted to vote and the proper result can be reached with certainty, such votes should be counted on contest, and the entire election is not to be set aside even though the ballots cast by such voters were not allowed to be deposited in the ballot box but were placed by themselves in another recep- tacle, and preserved, sealed up and produced on the contest as rejected ballots. Ibid. § 9. Should the directors fail or refuse to order any regular or special election, as aforsaid, it shall be the duty of the township treasurer to order such election, and if the township treasurer fails to do so, then it shall be the duty of the county superintendent to order such election of directors within ten days, in each case of such failure or refusal, and the election held in pursuance of such order shall be valid the same as if ordered by the directors. § 10. Two of the directors ordering such election shall act as judges, and one as clerk of such election. But if said directors or any of them shall fail to order an election, to attend or shall refuse to act when present, and in all unorganized districts and in elections to fill vacancies, the legal voters when assembled shall choose such additional members as may be necessary to act as two judges and a clerk of said election: Provided^ That if upon the appointment for said election, the said directors or judges shall be of the opinion that,on account of the small attendance of voters, the public good requires it, or if the voters present, or a majority of them, shall desire it, they shall postpone said election until the next Saturday, at the same place and hour, when the voters shall proceed as if it were not an adjourned meeting: And provided, also, That if notice shall pot 67 have been given as above required, then said election shall be ordered as aforesaid and holden on any Saturday, notice thereof being given, as aforesaid. § 11. In case of a tie vote, the judges shall decide it by lot on the day of the election. § 12. Within ten days after every election of directors, the judges shall cause the poll-book to be delivered to the township treasurer, with a certificate thereon showing the election of said directors and the names of the persons elected; which poll-book shall be filed by the township treasurer, and shall be evidence of said election. 1. Ballots are the best evidence of the result of an election if it appears that they have been preserved in the manner and by the ofl&cers prescribed in the statute, and have not been so exposed to the reach of unauthorized persons as to afford a reasonable probability of their having been changed or tampered with. Collier v. Anlicker, 189-34. 2. The returns of the judges of an election cannot be accepted as conclu- sive of the result of an election where they show that more votes were cast than there were names on the poll-list, which is in evidence, since such fact shows a failure on the part of the judges to comply with the election law. Ibid. § 18. In case of a union district, made up of parts of two or more townships, the poll-books shall be returned to the township treasurer who receives the tax money for said district. § 14. For a failure to deliver the poll-book within the time pre- scribed, the judges shall be liable to a penalty of not less than twen- ty five (25) dollars nor more than one hundred (100) dollars to be recovered in the name of the People of the State of Illinois, by action of assumpsit, before any justice of the peace of the county, which penalty, when recovered, shall be added to the township school fund of the township. § 15. The directors, within ten days after the annual election of the directors, shall meet and organize by appointing one of their num- ber president, and another of their number clerk of such board of directors. 1. The statute requires an annual reorganization, and the intention of the statute is that the board organized for the school year shall exercise the powers and control the schools of their district during that year. JDavis v. School Directors, 92-293. 2. It becomes manifest that if, just before the school year ends, two directors were to employ teachers and make all contracts of every kind for the ensuing year, against objections of the other director, and one of those making such con- tract should not be re-elected, and his successor was opposed to all ot the con- tracts thus made, the school and the affairs of the district would, during the year, be governed and controlled by but one director. To suffer such contracts to be made would take the control of the affairs of the district from the board organized and empowered to control the schools of the district, and thus by this means thwart the object and evident intent of the statute. Ibid. 3. The statute does not make the record kept by the clerk the only evidence of the action of the directors, and unless the law expressly and imperatively requires all matters to appear of record, and makes the record the only evi- dence, parol proof is admissable to prove things omitted to be stated on the record. School Directors Y. Kimmel, 31A-537. 68 § 16. Two directors shall be a quorum for business. 1, Where an honest and reasonable effort has been made to notify the ab- sent director, though unavailing, the other two may legally act. School Di- rectors V. Sprague, 78A-390. Inithis connection see Trustees of Schools V. Al- len, 21-124; Schofield V. WatMns, 22-72; Adkins V. Mitchell, 67-511. § 17. The clerk of such board of directors shall keep a record of all the official acts of the board in a well- bound book provided for that purpose, which record shall be signed by the president and clerk, and shall be submitted to the township treasurer for his in- spection and approval on the first Mondays of April and October, and at such other times as the township treasurer may require. § 18. The board of directors shall hold regular meetings at such times as they may designate; and they may hold special meetings as occasion may require, at the call of the president or any two members. § 19. No official business shall be transacted by the board except at a regular or special meeting. 1. Under this section a board of directors has no power to employ a teacher except at a regular or special meeting, convened and held as required by law. School Directors v. Jennings, lOA-643; Stewart V. School Directors, 24A-229. 2. A regular meeting is one held at a designated time, but a special meeting may be held as occasion may require, on the call of the president or of two members. No business can be transacted unless at a regular or special meet- ing, but a special meeting may be held on call. It is not provided what no- tice shall be given in case of a special meeting, and the law would imply reasonable notice. Plainly the object of this provision is that every member may be notified when business will be in order. People v. Frost, 32A-242. 3. Reasonable notice would be necessary to require attendance at a spe- cial meeting, yet if the notice were unduly short, and the members so notified chose to waive the objection, they might do so and the meeting would be good; and so if the members all came together with no previous intention of transacting business, it would be competent for them, upon suggestion and by mutual agreement, to proceed to hold a meeting and transact any official business they might deem necessary. Ibid. 4. The statute provides that no official business of the board shall be transacted except at a regular or special meeting. Yet where the directors meet specially for the purpose of considering the matter of hiring a teacher, the fact that they proceeded informally and make no record, should not af- fect the validity of what they do, so far as the teacher is concerned. Pollard V. School District, 65A-101; Eobinson v. School Directors, 96A-604. 5. Where there is no formal notice of a meeting, but the directors agree to meet the morning of a certain day, that is sufficient. If there was an agree- ment of all the directors to meet, no formal notice was necessary. Olney School District v. Christy, 81A-304. 6. It is a matter of common knowledge, that formerly persons would call on the directors severally and procure contracts purporting to bind the dis- trict without the joint or concurrent action of the members constituting the board. To correct this evil, section 19, article 5 was enacted, providing that no business should be done by the board of directors, except at a regular or special meeting. But the language of this section does not have reference to the particular manner in which special meetings may be called, but as a pro- hibition upon doing business by the members of the board of directors, unless a mcetiug is assembled. Lawrence v. Iraner, 136-474. 69 § 20. If the president or clerk be abaent from any meeting, or, being present, refuses to perform his official duties, a president or clerk pro tempore shall be appointed. § 21. The clerk of each board of school directors shall report to the township treasurer or treasurers cf the proper township or town- ships, immediately after the organization of the board, the names of the president and clerk of such board. § 22. On or before the seventh day of July, annually, the clerk of each board of directors shall report to the township treasurer hav- ing the custody of the funds of such district, such statistics and other information in relation to the schools of his respective district as the township treasurer is required to embody in his report to the county superintendent, and the particular statistics to be so reported shall be determined and designated by the State Superintendent of Public Instruction, or by the county superintendent. § 23. No director shall be interested in any contract made by the board of which he is a member. 1. The statute absolutely prohibits a director from being interested in any contract made by the board of which he is a member. This embraces every contract, whether express or implied, by virtue of which money may be drawn from the treasurer; and it cannot be evaded by appropriations or pay- ments from the treasurer for labor performed, or materials furnished for the benefit of the district, on the pretext they were performed or furnished with- out any contract, but being beneficial to and enjoyed by the districs, should be paid for as a matter of justice. Both the letter and the spirit of the law forbid that directors shall, in any wise, whether directly or indirectly, open or covertly, become interested in demands or claims, originating while they are directors, to be satisfied by payments from the funds of their districts; and this construction must be rigidly enforced by the courts, without regard to the moral or equitable considerations that may urge a different policy in particular cases. School Directors v. Farks, 85-338. 2. Where bonds are issued by a board of directors, and a portion of them are sold to members, such bonds are void and a tax cannot be legally levied to pay interest thereon; the directors have no power to purchase them from a board of which they are members, and a tax levied to meet the interest on them may be enjoined. Sherlocky. Winnetka, 59-390; Sherlock Y. Winnetka, 68-530; Hewett v. Board of Education, 94-528. 3. Where a note is executed by school directors in their individual names for school purposes, a remedy exists at law against them as individuals. As against the district, the complainant is without remedy. School Directors V. Miller, 54-338. § 24. No director shall be interested in the sale, proceeds or profits of any book, apparatus or furniture used or to be used in any school in this State with which he may be connected. § 25. Any person offending against the provisions of the two pre- ceding sections shall be liable to indictment, and upon conviction, shall be fined in any sum not less than twenty-five (25) dollars and not more than five hundred (500) dollars, and may be imprisoned in the county jail not less than one nor more than twelve months, at the discretion of the court. 70 § 26. It shall be the duty of the board of directors of each dis- trict — First — At the annual election of directors to make a detailed re- port of their receipts and expenditures to the voters there present, and transmit a copy of such report to the township treasurer within five days from the time of said election. Second — To report to the county superintendent within ten days after their employment, the full names of all persons employed as teachers, the date of the beginning and the end of their contract. Third — To provide for the necessary revenue to maintain free schools in their district in the manner provided for in article 8 of this act. Fourth — When a district is composed of parts of two or more town- ships, the directors shall determine and inform the collectors of said townships, and the collector or collectors of the county or counties in which said townships lie, in writing, under their hands as directors which of the treasurers of the townships from which their district is formed shall demand and receive the tax money collected by the said collector as aforesaid . Fifth — To establish and keep in operation for at least one hundred and ten (110) days of actual teaching in each year, without reduction by reason of closing schools on legal holidays , or for any other cause and longer if practicable, a sufficient number of free schools for the accommodation of all children in the district over the age of six (6) and under twenty-one (21) years, and shall secure for all such chil- dren the right and opportunity to an equal education in such free schools. 1. If any child is actually dwellins: in any school district so that some per- son there has the care of it, and it is within the school age, and not incapable by reason of physical infirmity of attending school, and is not instructed elsewhere, then that child must go to the public school. Board of Education V. Lease, 64A-60. Sixth — To adopt and enforce all necessary rules and regulations for the management and government of the schools. 1. The directors undoubtedly have the power to make and cause to be en- forced all reasonable rules »nd regulations for the government of schools in their respective districts. What are reasonable rules, is a question of law for the court, to be determined in view of the facts in each particular case. Ihompson v. Beaver, 63 357; Boberson v. Irouett, 17A-386. 2. Where a teacher accepted an appointment subject to the requirements, rules and regulations of a board of directors, the teacher was bound by such rules and regulations, and a rule in force when such contract was made, that the directors might require teachers employed by them to teach in any de- partment that, in the judgment of the board, the best interests of the schools might demand, was as much a part of the contract, and as binding on the teacher, as if such rule had been written at length in the contract before it was signed by her. City of Jacksonville v. Akers, llA-393. 3. In the performance of their duty in carrying the law into effect, the directors may prescribe certain rules and regulations for the government of the schools in their district, and enforce them. But all such rules and regu- 71 lations must be reasonable, and calculated to promote the objects of the l&w — the conferrin^er of such r.n education upon all, free of charge. The law having conferred upon each child of proper age the right to be taught the enumerated branches, any rule or regulation which, by its enforcement, would tend to hinder or deprive the child of this right cannot be sustained. AH rules must be adapted to the promotion and accomplishment of this grand and paramount object of the law. Rulison v. Post, 79-567. 4. Under the power to prescribe necessary rules and regulations for the management and government of the school, the board of directors may, un- doubtedly, require classification of the pupils with respect to the branches of study they are steadily pursuing, and with respect to proficiency or degree of advancement in the same branches; and that there shall be prompt attend- ance, diligence in study, and proper deportment. Irustees of Schools v. 2he People, 87-303. 5. A rule requiring all pupils to bring written excuses from their parents to teachers for absence, and that such excuse must be satisfactory and reason- able, otherwise they will not be granted, is not a hard or harsh one. It does not of itself indicate any sinister purpose or wicked force on the part of the directors. It does not trench on the rights of any one. This rule is not an attack upon , or an abridgement of the inalienable rights of a citizen. Churchill V. FewJces, 13A-520. 6. A rule that caused a child, who arrived at school age only 31 days alter the fall term commenced, to lose the benefits of the free school, not only during the remaining months of that term, but also during the whole of the following winter term, was not a reasonable one or calculated to promote the objects of the law. Board of Education v. Bolton, 85A-92. 7. The general principle is established by an almost uniform course of de- cisions, that a public officer, when acting in good faith, is never to be held liable for an erroneous judgment in a matter submitted to his determination. AH he undertakes to do, is to discharge his official duty to the best of his ability and with integrity; that he may never err in his judgments, or that he may never decide differently from what some other persons may think would be just, is no part of his official undertaking. Churchill v. FewJces, 13A-520. 8. In the direct performance of the duties imposed by law upon school directors, they must exercise judgment and discretion. What rules and reg" ulations will best promote the interests of the school under their immediate control, and what branches shall be taught and what text books shall be used, are matters left to the determination of the directors and must be set- tled from the best lights they can obtain from any source, keeping always in view the good of the school. Good order can only be maintained from en- forcing discipline, and that power is largely committed to the directors. They have the power of suspension or expulsion, and they may exercise that power as a means of discipline for the causes mentioned in the statute. That implies declaration and decision on the part of the directors or, as it is some times expressed, they act judicially in a matter involving discretion in rela- tion to the duties of their office. McCormicJc v. Burt, 95-263. 9. A mere mistake in judgment, either as to their duties under the law, or as to facts submitted to them, ought not to subject such officers to an action. They may judge wrongly, and so may a court or other tribunal, but the party complaining can have no action when such officers act in good faith and in the line of what they think is honestly their duty. Any other rule might work very great hardships to honest men who, with the very best of motives, have fairly and faithfully endeavored to perform the duties of these inferior offices. Tlaey are considered inferior offices, yet they are of the ut- most importance to the public. Ibid. Churchill v. FewJces, i3A-520. 10. The right or privilege of attending the public schools is given by" law to every child of proper age in the State, and there is nowhere to be found any provision of law prescribing vaccination as a condition precedent to the exercise of this legal right. Whether the Legislature has the power to make 72 such a requirement or not it is not necessary here to consider. It is sufficient that it has not done so. Potts v. Breen, 167-67. School Directors v. Breen, 60A-201, affirmed. 11. The Board of Health has no more power over the public schools than over private schools or other public assemblages, and its order applying to public schools only requiring vaccination as pre-requisite to the exercise of the right to attend a public school, could be justified only upon reasonable grounds appearing that the contagion of small- pox would more likely origin- ate in or be disseminated from the public schools than from other assem- blages. Ibid. 12. While school directors and board of education are invested with power to establish, provide for, govern and regulate public schools, they have no authority to exclude children from the public schools on the ground that they refuse to be vaccinated, unless, indeed, in cases of emergency, in the exer- cise of the police power, it is necessary, or reasonably appears to be neces- sary, to prevent the contagion of small-pox. Ibid. 13. Children infected with or exposed to small-pox may be temporarily excluded or the school temporarily suspended; but such power is justified by emergency, and, like the necessity which gives rise to it, ceases when the necessity ceases. No one would contend that a child could be permanently excluded from a public school because it had been exposed to small pox or that the school could be permanently closed because of the remote fear that the disease of small-pox might appear in the neighborhood, and that if the school should then be open and children in attendance upon it the public would be exposed to the contagion. Ibid. 1. A rule adopted by the State Board of Health compelljng the vaccina* tion of children as a pre-requisite to their attending the public schools is un* reasonable where small-pox does not exist in the community and there is no reasonable cause to apprehend its appearance. The power to compel the vaccination of children as a pre-requisite to their attending public schools could only be derived from the general police power of the State, and can only be justified as a necessary means for preserving health. Lawbaugh v. Board of Education, 177-572. Lawbaugh v. Board oj Education, 66A-159, reversed. 15. The authority of a teacher over his pupil being regarded as a delega- tion of at least a portion of the parental authority, the presumption is in favor of the correctness of the teacher's action in inflicting corporal punish- ment upon the pupil. The teacher must not have been actuated by malice, nor have inflicted the punishment wantonly. For an error in judgment, al- though the punishment is unnecessarily excessive, if it is not of a nature to cause lasting injury, and he acts in good faith, the teacher is not liable. Fox V. The People, 84A-270. 16. This court has frequently condemned the practice of selecting isolated portions of the evidence and giving them undue prominence by calling the attention of the jury especially to them. ****** It has a tendency to mislead the jury into giving undue prominence to the evidence so selected, as being that to be relied on, and sinking out of sight other testimony, im- portant to be considered in connection with it, in order to estimate its true force. Chesney V. Meadows, 90-433; Fox V. The People, 84 A- 270. Seventh — To visit and inspect the schools from time to time as the good of the schools may require. Eighth — To appoint all teachers and fix the amount of their salaries. 1. School directors have no power to make contracts for the employment of teachers for terms to commence beyond the expiration of the current school year. There is no objection to contracts for the teaching of terms ex- tending for a reasonable time beyond the current school year, when such 73 contracts are entered into in good faith, and not for the purpose, merely, of forcing upon the district an unsatisfactory teacher or defeating the will of the voters at the annual election. Stevenson v. School Directors, 87-255; Davis V. School Directors, 92-293. 2. Directors cannot be permitted, five days before the current school year expires, to hire a teacher, perhaps obnoxious to the people of the district, to teach a term of school extending three months or nearly so into the ensuing school year. Cross v. School Directors\ 24A191. 3. There is no contract between a teacher and pupil. The only contract a teacher can have under the law, is with the directors. It is from them he re- ceives his employment and pay as a teacher. Stuckney v. Churchman, 2A-584. Ninth — The directors shall direct what branches of study shall be ta light, and what text books and apparatus shall be used in the sev- eral schools, and strictly enforce uniformity of text books therein, but shall not permit text books to be changed oftener than once in four years, but shall prohibit such change. 1. The directors have no power to expel a pupil from school, its privileges and benefits, because, under the direction of her parents, she refuses to study book-keeping, as it is not one of the branches enumerated in the stat- ute, and is one her parents have the option to have taught her. The direc- tors have no such power, they cannot lawfully expel such pupil from the benefits aud privileges of the school for a refusal to comply with this require- ment, and when they do so with force, it constitutes a trespass. Rulison v. Post, 79-567. 2. No particular branch of study is compulsory upon those who attend school, but schools are simply provided b^^ the public in which prescribed branches are taught, which are free to all within the district between ceitain ages. Irustees v. People, 87-303. 3. It was held by the superintendent of public instruction in 1865, that while the common schools of the State must be the distinctive character of English schools, in which the common medium of communication shall be the English language, the statute, under the expression other and higher branches, was permissive authority to teach the modern languages in the common schools. Powell v. Board oj Education, 97-375. 4. This clause is the only provision of the school law which confers the power or duty to specifically direct what branches of study shall be taught and what text books or apparatus shall be used in the several schools, prescribing uniformity of text books, but limiting the right to change text books oftener than once in four years. People v. Board of Education, 175-9. 5. Boards of education derive this power because it is primarily conferred upon boards of directors, and by the general provisions upon boards of edu- cation. This being true, boards of education must be also subject to the re- strictions imposed by the statute. The reason for prohibiting the change of text books oftener than once in four years undoubtedly was to save expense to parents of small means. Besides, it was regarded as detrimental to the pu- pils to change their text books too frequently. Ibid. 6. If necessary to limit changes in districts under school directors, the reason holds equally good in cities and villages in districts under boards of education. The statute prohibiting the change of text books oftener than once in four years must be held to apply to boards of education in school districts haying a population of more than 1,000 inhabitants. Ibid, 7. Graded writing or copy-books, with printed forms and texts scientific- ally arranged, with printed instructions to each pupil in each book and with a manual of instruction for the teachers, are text books for penmanship in- struction, within the meaning of the act prohibiting change of text books oftener than once in four years. Ibid. 74 Tenth — The directors shall have power to purchase, at the expense of the district, a sufficient number of the text books used to supply children whose parents are not able to buy them. The text books bought for such purposes shall be loaned only, and the directors shall require the teacher to see that they are properly cared for and re- turned at the end of each term of school. Eleventh — The directors shall, on or before the seventh day of July, annually, deliver to the township treasurer all teachers' sched- ules made and certified as required by the provisions of article 7 of this act, covering all time taught during the school years, ending June 80th, and the directors shall be personally liable to the district for any loss sustaiued by it, through the failure of the directors to examine and so deliver such schedules within the time fixed by law. Twelfth — The directors shall not pay out any public money to any teacher unless such teacher shall, at the time of his or her employ- ment, hold a certificate of qualification, obtained under the provisions of this act, covering the entire period of his or her employment. 1. Prior to July 1, 1893, the statute provided that no teacher should be entitled to any portion of the school fund, or be employed to teach who had not at the time of the employment, a certificate of qualification, but by the amendment in force on the day mentioned, it is sufficient that the teacher shall have the certificate at the time he enters upon his duties as such teacher. Pollard V. School District, 65A-104; School Directors v. Orr, 88A-648. Thirteenth — The directors shall not pay any public funds to any teacher unless such teacher shall have kept and furnished schedules as required by this act, and shall have satisfactorily accounted for books, apparatus and other property of the district that he may have taken in charge. Fourteenth — The directors shall pay teachers' wages monthly. Upon the receipt of schedules, properly certified, the directors shall at once make out and deliver to the teacher an order on the town- ship treasurer for the amount named in the schedule; which order shall state the rate at which the teacher is paid according to his con- tract, the limits of time for which the order pays, and that the direc- tors have duly certified a schedule covering this time. But it shall not be lawful for the directors to draw an order until they have duly certified to the schedule; nor shall it be lawful for the directors, after the date for filing schedules as fixed by law, to certify any schedule not delivered to them before that date by the teacher, when such schedule is for time taught before the first of July preceding, nor to give an order in payment of the teacher's wages for the time covered by such delinquent schedule. 1. If an order is made before the schedule is filed with the treasurer, it is unlawfully drawn and therefore void. And if void in the hands of the drawee, no rules of commercial law can impart vitality to it. If it is unlawful to draw the order before schedule is filed, then no one can claim to be an innocent holder thereof. School Directors v. First National Bank of Greenville, 3A-349. 2. Laches cannot be imputed to the tax-paxers and inhabitants of school districts: and the only safe rule that the courts can establish for their secur- ity — in the payment and distribution of the moneys set apart to and contrib- uted by them, through the various forms to taxation, for the education of 75 their children, — is to hold all the school officers to a strict compliance with all the provisions of the law with reference to them as such; and to charge all persons dealing in orders drawn upon the school funds, with notice of the want of power for so doing. Ibid. Fifteenth — At the annual election of directors, the directors shall cause a copy of the township treasurer's report of the financial con- dition of the district, provided by law, to be posted upon the front door of the building where such annual election is held. § 27. The board of school directors shall be clothed with the fol- lowing additional powers: First — To use any funds belonging to their district, and not other- wise appropriated, for the purchase of a suitable book for their rec- ords. And the said records shall be kept in a punctual, orderly and reliable manner. Second—Said directors may, where they deem the amount of labor done sufficient to justify it, allow the clerk of such board of direc- tors, out of any funds not otherwise appropriated, compensation for duties actually performed. Third — They shall have power to dismiss a teacher for incom- petency, cruelty, negligence, immorality or other sufficient cause. 1. A certificate of qualification, obtained from the county superintendent is prima Jacie evidence of the fact of his competency to teach. Where a teacher is discharged for incompetency, it devolves upon the directors to show the want of qualification. The law does not require the highest possi- ble qualifications, or a talent for his profession equal to the most eminent and successful teachers. It requires only average qualification and ability, and the usual application to the discharge of the duties of a teacher, to fulfill his contract. Neville y. School Directors, 36-71. 2. School directors cannot capriciously discharge a teacher before the ex- piration of the time for which he or she is employed. In the language of the statute it must be for incompetency, cruelty, negligence, immorality or other sufficient cause. The burden of proving the incompetency or other cause, rests on the directors. School Directors v. Beddick, 77-628; Robinson v. School Directors, 96A-604; Ewing v. School Directors, 2A-458. 3. Where the proof shows that the teacher kept schedule for the period taught, and after dismissal presented it to the directors of the district, this, followed by proof of employment and competency to teach, is all that is necessary to enable the teacher to recover wages for the entire time she was employed to teach. It is not necessary to allege in the declaration that she kept a schedule in accordance with the provisions of the statute after the time of her dismissal. The action of the directors renders this impossible. Ibid. 4. When a teacher proves a contract of employment for a definite time and for a stipulated price and was prevented from fulfilling it by the act of the defendant, and that he was ready, able and willing to complete it, he is entitled prima Jacie, to recover the entire sum contracted to be paid, and if the defendant can mitigate the damages by showing that the plaintiff had em- ployment or could have obtained it by reasonable diligence during the whole or any portion of the time, the burden is upon them to prove such fact. School Directors v. Crews, 23A-367. 5. The statute makes it the duty of the directors to maintain a school for at least six months in the year, and the destruction of the school house does not exonerate them from the performance of this duty, as they can, in that event, rent a suitable room for school purposes. Ibid. Millard v. Board of Education, 19A-48. In this connection see Corn v. Board of Education, 39 A- 446. 76 6. When a teacher is selected and employed, the contract is for the per- sonal services of that teacher. A teacher cannot fulfill the contract by hiring a substitute. Absence without leave, and the temporary substitution of an- other teacher, although competent, is ground for dismissal. School Directors V. Hudson, 88 563. 7. The law makes it a duty of boards of directors to adopt and enforce rules and regulations for the government of their schools. It is the duty of the teacher to act in conformity to such rules and regulations. The term negligence used in the statute means, the want of ordinary care and atten- tion to the performance of a duty, or the failure to observe the rules and reg- ulations made by the board of directors. Boberson v. Iroutt, 17A-386. 8. Ability to teach the branches prescribed does not alone qualify a per- son to teach our youth. In addition thereto, they should be persons who, for their known virtue and morality, are fitted to be trusted with the person and mind of the child. They should be entitled to, and receive, the entire confi- dence of the patron and pupil. If suspicioni of vice or immorality be once entertained against a teacher, his influence for good is gone, lingley v. Vaughn, 17A-347. 9. The third clause of section 27, article 5 of the school law, gives the school directors the power to dismiss a teacher for various specified causes, including negligence. Tardiness of 15 to 30 minutes on the part of the teacher two or three times a week constitutes negligence within the meaning of the statute, and the board of directors have a legal right to dismiss the teacher for that reason. School Directors v. Birch, 93A-499, 10. Where a teacher enters into an agreement with a board of directors to teach for a certain time provided he gave satisfaction, it is held, that the spe- cial condition in the contract was intended, and had the effect, to reserve to the directors the exclusive right to determine what was required to give satis- faction and whether it was, in fact, given by the teacher, limited only by the obligation to do it in good faith and not from mere passion, prejudice or ca- price. School Directors v. iLwington, 26A-379. 11. Where a teacher enters into an engagement to teach, the continuation of which is at the option of the directors, the directors, acting in good faith, may dispense with the services of such teacher, whenever they see fit to do so, and are under no legal obligation to state any cause for their action. When an employer reserves the right to terminate a contract of employment at his option, and exercises that right, he has done only what the employ^ expressly agreed that he might do. Olney School District v. Christy, 81A-304. Fourth — They shall have power to assign pupils to the several schools in the district; to admit non-residents when it can be done without prejudice to the rights of resident pupils, to fix rates of tuition; collect and pay the same to the township treasurer for the use of said district. Fifth — They may suspend or expel pupils who may be guilty of gross disobedience or misconduct, and no action shall lie against them for such expulsion or suspension. 1. It is true that the common schools are provided and maintained by tax- ation, that their benefits are rightly to be enjoyed by all, and that one who is improperly excluded sustains an injury which the law will redress. But the enjoyme.nt of the right thus furnished by the State at public expense is nec- essarily conditioned upon that degree of good conduct on the part of each that is indispensable to the comfort and progress of others. Board of Educa- tion V. Helston, 32A-300. 2. As in all other forms of social life, the individual must surrender a cer- tain measure of his natural independence and submit to be governed by those rules which have been found necessary; and very much as in the family, there is absolute necessity for strict obedience to all reasonable requirements 77 of those who are in authority. The ordinary laws of decency and propriety in conduct and in speech cannot be disregarded, and when broken there must be prompt and effectual punishment, otherwise the great objects of the school will fail of accomplishment. Ibid. 3. The defacement of a public school building by obscene writing thereon is aa intolerable offense, and the most radical measures should be resorted to, if necessary, to prevent a repetition of it. Every pupil, when called upon by the superintendent or by the board, should, as a matter of duty and loy- alty to what is essential for the common welfare, freely state anything within his knowledge not self-criminating, that will assist in bringing the offender to justice and thereby tend to the repression of all such offenses. Ibid. 4. If he refuses to do this he is guilty of disobedience, for which reason- able punishment may be inflicted. By the provisions of the school law, the board of directors may suspend or expel a pupil for misconduct, but this sus- pension or expulsion would not be construed to continue beyond the current school year. Ibid. 5. Boards of directors have the power of suspension or expulsion, and they may exercise that power as a means of discipline for the causes men- tioned in the statute. The suspension or expulsion of a pupil from the bene- fits and privileges of the school for what is considered incorrigibly bad con- duct, implies deliberation and decision on the part of the directors, or, as it is some times expressed, they act judicially, in a matter involving discretion in relation to the duties of their office. Bulison v. Post, 79-567; McCormich V. Burt, 95-263. Sixth — They may provide that children under twelve (12) years of age shall not be confined in school more than four hours daily. Seventh — They may appropriate, for the purchase of libraries and apparatus, any school funds remaining after all necessary school ex- penses are paid. 1. The authority given to school directors by the statute to appropriate to the purchase of libraries and apparatus any surplus funds, after ail necessary school expenses are paid, would seem to be a limitation of the power to make purchases of this kind to the circumstances named, and to be an implied de- nial of any power to purchase generally on credit. Clark v. School Directors 78-474; Folsom v. School Directors, 91-402. Eighth — When any school district owns any personal property not needed for school purposes, the directors of such district may sell such property at public or private sale, as in their judgment will be for the best interests of the district, and the proceeds of such sale shall be paid over to the treasurer of such district, for the benefit of said school district. Ninth — They may grant special holidays whenever in their judg- ment such action is advisable: Provided, no teacher shall be re- quired to make up the time lost by the granting of such holidays. Tt!n//i— They shall have the control and supervision of all school houses in their district, and may grant the temporary use of school houses when not occupied by schools, for religious meetings and Sunday schools, for evening schools and literary societies, and for such other meetings as the directors may deem proper. 1. Directors of common schools have no power to burden the people wita debt, or to levy taxes, by the machinery of the law, to purchase ground and erect large and costly buildings, and then donate them to private use or gain. Sherlock v. Village o} Winnetka, 68-530. 78 2. The clause that provides that school directors may grant the temporary use of school houses, when not occupied by schools, for religious meetings, for evening schools and literary societies, and for such other meetings as the directors may deem proper, is not repugnant to section 3, article 8 of the Constitution, that forbids any public corporation from making any grant or donation of land, money or other personal property to any church or for any sectarian purpose. Nichols v. School Directors, 93-61. Eleventh — They shall have power to decide when the school house site, or the school buildings have become unnecessary, or unsuitable, or inconvenient for a school. 1. This clause confers a power to be exercised when changed conditions have rendered a site once chosen by the voters unsuitable or inconvenient in the opinion of the board, and the power given in such case is to take the initiative for the choice of another site by calling an election and submitting the question to the voters. A change in the center of population, or other conditions, may occur, and the language of the statute implies some such change in condition which will authorize action by the board, and not a refusal to carry out the will of the voters. Kiehna v. MansJcer, 178-15; Kiehna v. Mansker, 77A-508, reversed. 2. School directors cannot annul an election changing a school site, repu- diate the site chosen and call an election to vote on the question of building a new school house on the old site, discarded at the first election, merely be- cause the new site is some distance from a highway. Ibid. In this connec- tion see School Directorsly. Ihe People, 90A-670. Twelfth — They may borrow money, and issue bonds therefor, for building school houses, purchasing sites, repairing and improving school houses, in the way and manner provided for by article 9 of this act. 1. The acceptance by a school board of a bid for a school house does not, of itself, create an immediate indebtedness, where it is shown that the bid was accepted upon the understanding that a contract acceptable to the board should be signed at a future date, and that the contract, which was subse- quently signed, was broader in its scope than was contemplated by the terms of the bid. Baltimore S Ohio Southwestern Railroad Company v. Ihe People, 195-423. 2. The fact that there is money in the treasury of a school district which may be applied to buildinsr a school house adds nothing to the power of the directors to make a contract for the building, where it is not shown that such money was applied to or set apart for that purpose. Wabash Railroad Com- pany V. Ihe People, 202-9. 3. A contract for a school building, signed by the individual directors of the district, is the obligation of the district, where the contract recites that the board of directors is the party of the second part, that the parties have hereunto set their hands, and it is stipulated that the contractor completed the building for the district and that it was accepted by the board. Ibid. § 28. The school directors shall draw no order or warrant pay- able on demand upon the township treasurer or against any fund in his hands, unless at the time of drawing such order or warrant there are suflficient funds in his hands to pay the amount of the same: Provided, this section shall not apply to orders issued to teachers for their wages. 1. An order is void unless issued when there is money in the treasury ap- plicable to its payment. Board of Education v. Foley, 88A-470. 79 § 29. Whenever there is no money in the treasury of any school district to meet and defray the ordinary and necessary expenses thereof, it shall be lawful for the board of directors to provide that orders or warrants may be drawn and issued against and in anticipa- tion of the collection of any taxes already levied by said directors for the payment of the ordinary and necessary expenses of any such dis- trict, to the extent of 75 per centum of the total amount of said tax levy : Provided, that warrants drawn and issued under the provis- ions of this section shall show upon their face that they are payable solely from said taxes when collected, and not otherwise, and such warrants shall be received by any collector of taxes in payment of the taxes against which they are issued, and which taxes against which said warrants or orders are drawn shall be set apart and held for their payment. § 80. The school directors shall be liable as directors for the bal- ance due teachers, and for all debts legally contracted. § 31. It shall not be lawful for a board of directors to purchase or locate a school house site, or to purchase, build or move a school house, or to levy a tax to extend schools beyond nine mouths with- out a vote of the people at an election called and conducted as re- quired by section 4 of article 9 of this act. A majority of the votes cast shall be necessary to authorize the directors to act. Provided, that if no one locality shall receive a majority of all the votes cast at such election , the directors may, if in their judgment the public in- terest requires it, proceed to select a suitable school house site; and the site so chosen by them shall, in such case, be legal and valid, the same as if it had been determined by a majority of the votes cast; and the site so selected by either of the methods above provided shall be the school house site for such district; and said district shall have the right to take the same for the purpose of a school house site either with or without the owner's consent, by condemnation or otherwise. 1. This section prohibits the location of a school site by the board, with- out a selection being made by a majority vote at an election duly held. If, at such election, called and held for the purpose of fixing a site, no locality receives a majority of the votes cast, then, and in that event only, is a discre- tionarv power to act granted to the board. School Directors v. Wright, 43A-270. 2. Where a majority of the legal voters, at an election held, did select a school house site, thus precluding the adoption of any other method by the directors, the money collected, and the materials bought to build a school house must be used in the construction of it upon the site legally fixed at said election, and not elsewhere. Ibid. 3. Where directors disregard the provisions of this section, and without lawful power or authority select a site, and admit they will, unless enjoined, expend the money collected, and use the materials bought, in erecting a school house on the site by said board illegally selected, an injunction may be properly granted to prevent such unlawful expenditure of public funds. Ibid. 4. Under this provision it is not within the power of the directors to con- tract for the building of a school house without such authority from the people; any orders issued by them for such purposes are void; there being a want of power to issue such orders, there can be no innocent holders of 80 them; the fact that the building may have been constructed, accepted by the directors and used for school purposes, would not legalize the act or bind the tax payers. Watts v. McCleave, 16A-272. 5. The supervision and control of school houses is expressly vested in the directors. When one director assumes exclusive individual control of the school house of the district, and is engaged in raising it from the foundation, with the intention of removing it from its site, the restraining power of the court may be invoked by the other directors, as this is a clear interference with the right given the board of directors to its control. It is true that the trustees of schools are vested with the title, care and custody, but it is the control of the school house that is here involved, and that is vested in the di- rectors. Buble v. School District, 42A-483. 6. Where an election is held and results in favor of building a school house, and in the location thereof, and at a subsequent election the proposi- tion to borrow money for building purposes is defeated, this subsequent election cannot be construed t9 affect, change or abrogate the vote to build a school house and locate the site. The people might be willing to bear the burden of an annual tax levied for building purposes, and yet be unwilling to borrow money and issue bonds as evidence of such indebtedness. Penn- ington V. Coe, 57 118. 7. Directors have the right to levy a special tax for school purposes with- out a vote of the people, and a special tax for building purposes, with the consent of the legal voters; but they exceed their power, when they attempt to appropriate the funds raised for one object for a different purpose. Ibid. 8. Too great nicety or precision ought not to be required in elections of this character, where school officers are not supposed to be learned in the law nor versed in legal technicalities. If the notice is reasonably sufficient to inform the voter as to the purposes of the election and the matters to be voted on, the election should not be invalidated for want of absolute definite- ness. Shiras v. Irwin, 87A-111, 9. Where it is the intention of the majority of the directors by the notice given, to submit to the voters the proposition to build a new school house as well as to change the site and borrow money, and where the returns of the election made by the directors to the school treasurer, only showed that two propositions were submitted to be voted on, and that the building of a new school house was not one of them, such omission would not invalidate the election if it was properly held, and the questions involved were fairly sub- mitted to the voters. Ibid. 10. A purchaser of land receiving a deed with covenants of title, cannot avoid the payment of promiss >ry notes given for the purchase money, on the ground that the grantor had no title, if the purchaser's possession has not been disturbed nor the paramount title asserted. Neither can a tax-payer for such reason resist a proceeding for the collection of taxes levied to pay the purchase money for a school house site, so long as the title to the prem- ises is not questioned. People v. Sisson, 98-335. 11. Section 31, article 5 of the general school law, concerning the submis- sion to the electors of the question of building a school house, does not re- quire that the cost of such building be voted upon. People v. Chicago d; Northwestern Railway Company, 186-139. 12. That a school house site has been selected, contracts for work and materials made, bonds issued and sold and a teacher engaged does not ope- rate as an estoppel against a proceeding by information in the nature of a quo warranto against school directors to test the legality of the organization of the district, where it does not appear that the bonds were sold or the money expended before the filing of the information, and the hiring of the teacher was after that time. Mason v. Ihe People, 185-302. 13. The selection of a site is not invalid because the clerk of the election did not describe it by metes and bounds, but only by general reference. It is not material to the validity of the selection that the clerk of the election should describe the place chosen with precision, in entering upon the records the fact that the voters made choice of a site. Merritt v. Ferris, 22-303. 81 14. Where the public square of a village is held in trust for the public use, it cannot be appropriated to any other use inconsistent with or destructive with the first; that the building of a school house on the public square of a vil- lage, whether such square be left open for public travel across it, or inclosed or used as a park, would be inconsistent with the original use, cannot be doubted. Davis v. Nichols, 39A-G10. 15. School directors in the actual occupancy of a house by a school, when a trespass is committed, may maintain an action of trespass. By the statute the supervision and control of school houses is expressly vested in the direc- tors, and they may grant the temporary use of them, when not occupied by schools, for certain specified purposes, and the teachers and pupils are under their immediate control, and it is difficult to see how they could under any circumstances successfully perform the functions required of them, without they have the right to maintain such action. Alderman v. School Directors, 91-179. 16. School directors have power to lease a suitable room or rooms for es- tablishing a school without submitting the question to the electors, and they are not discharged from their duty in that regard by a failure of proposition to build a school house, at an election held for that purpose. School Direc- tors V. Ihe People, 186-331. § S2, In case the compensation to be paid for the school house site mentioned in the preceding section cannot for any reason be agreed upon or determined between the school directors and the par- ties interested in the land taken for such site, then it shall be the duty of the directors of such district to proceed to have such com- pensation determined in the manner which may be at the time pro- vided by law for the exercise of the right of eminent domain: Pro- vided, that no tract of land lying outside of the limits of any incor- porated city or village, and lying within forty rods of the dwelling house of the owner of the land, shall be taken for a school site with- out the owner's consent. 1. The trustees of schools are invested in their corporate capacity with the title, care and custody of all school houses and school house sites within their respective townships. All conveyances of real estate are made to them in their corporate capacity, and they are to sell and convey sites which have be- come unsuitable, unnecessary or inconvenient. School directors are given the control and supervision of school houses in their respective districts, and may decide when a school house site may become unnecessary, unsuitable, or inconvenient. They are authorized to agree upon or determine the compen- sation to be paid for a school house site with the parties interested in the land, and in case of failure they may proceed to have such compensation de- termined in the manner which may be at the time provided by law for the ex- ercise of the right of eminent domain. Bank v. School Directors, 19i-247. 2. But if they should agree upon the compensation to be paid and obtain a conveyance of the real estate for a school house site, it would be made to the trustees of schools and not to them. If they fail to agree, the method provided by law for vesting title for the public use is by a proceeding to con- demn the laud, and the title would have to be vested in the trustees. The trustees are consequently the proper and necessary petitioners in whom, under the statute, the judgment of the court vests the title upon the pay- ment of the compensation. Ibid. 3. If a man sells land for a school house site, which is wholly surrounded by his own land, in this case the purchasers are entitled to a right-of-way over the other's ground to arrive at their o\fn land. The way is a necessary incident to the grant, and without which the grant would be useless. But k a tract of land in the center of an enclosed field is condemned for a sehoo' —6 S. •'VS. house site, without any attempt to condemn a right-of-way to such site, no way by necessity can be claimed as incident to ^^ title acquired by the con- d(. mnation judgment. A way by necessity is based on a grant only. Hid. § 38. Any director wilfully failing to perfom his duties 'as directed under this act, may be removed by the county superintendent, and a new election ordered, as in other cases of vacancies. § 34. All funds belonging to any school district, and coming from any source, shall be paid out only on order of the iDoard of directors, signed by the president and clerk of said board, or by a majority of said board. In all such orders shall be stated the purpose for which or on what account such order was drawn. Such order may be in the following form: The treasurer of township No range No , in county, will pay to or bearer, dollars and cents, (on his contract for repairing school house, or whatever the purpose may be) . By order of the board of directors of school district No. , in said township. A B , President. C D Cleric. § 35. Pupils shall not be transferred from one district to another "without the written consent of a majority of tbe directors of each district, which written consent shall be delivered to and filed with the proper township treasurer, and shall be evidence of such consent. A separate schedule shall be kept for each district, and in each schedule shall be certified the proper amount due the teacher from that district, computed upon the basis of the total number of days' attendance of all schedules. If the district from which the pupils are transferred is in the same township as ihe district in which the school is taught, the directors of said distrfct shall deliver the separ- ate schedules to their township treasurer, who shall credit the dis- trict in which the school was taught, and charge the other district with the respective amounts certified in said separate schedule to be due. If pupils are transferred from a district of another to wn- ship, the schedule for that district shall be delivered to the directCfS"** thereof, who shall immediately draw an order on their treasurer in favor of the treasurer of the township in which" the school was taught for the amount certified to be due in said separate schedule. § 36. When a school is composed in part of pupils transferred, as provided for in the proceeding section, from other to\\!:o,ship8,-the duty of collecting the amount due on account of such pupils shall devolve upon the directors of the district in which the school was taught. Article VI. BOARD OF EDUCATION Section 1. Incorporated cities and villages, except such as now have charge and control of free schools by special acts, shall be and 83 remain parts of the school townships in which they are respectively situated and be subject to the general provisions of the school law, except as otherwise provided in this article. § 2. In all school districts having a population of not less than 1,000 and not over 1)0,000 inhabitants, and not governed by any special act in relation to free schools now in force, there shall be elected, instead of the directors provided by law in other districts, a board of education, to consist of a president of the board of educa- tion, six members, and three additional members for every additional 10,000 inhabtants. Whenever additional members of such board of education are to be elected by reason of increased population of such district, such members shall be elected on the third Saturday of April succeeding the ascertaining of such increase by any special or gen- eral census, and the notice of such election shall designate the term for which the members are to be elected, so that one-third of the board shall be elected for each year: Provided, That in no case shall said board consist of more than 15 members. § 3. The president of said board of education shall be elected an- nually, at the same time the members of the board of education are elected, and he shall hold his office for the term of one year and until his successor is elected and qualified. § 4. The president of the board of education so elected shall pre- side at all meetings of said board, and shall give the casting vote in case of a tie between the members thereof; but otherwise he shall not have a vote. He shall sign all orders for the payment of money ordered by said board, and generally perform such duties as are im- posed by law upon presidents of boards of directors, or that may be imposed upon him by said board of education, not in conflict with law: Provided, That in the absence or inability to act as said presi- dent, said board may appoint a president pro tempore from their number. § 5. The annual election of members of the board of education shall be on the third Saturday in April, when one-third of the mem- bers shall be elected for three years, and until their successors are elected and qualified, § 6. Notice of such election shall be given by the board of educa- tion at least ten days previous to such election by posting notices in at least three of the most public places in said district, which shall specify the place where such election is to be held, the time of open- ing and closing the polls and the purpose for which such election is held, which notice may be in the following form, to-wit: Public notice is given hereby, that on Saturday, the day of April, A. D , an election will be held at between the hours of and of said day, for the purpose of electing a presi- dent of the board of education of district No township No range No , and members of the board of education of said district . Dated this day of , A. D A B , President. C D , Clerk, 84 1. The law provides the time when the election shall be held, and requires the president and clerk of the board to give ten days' notice of the election, which shall specify the place of holding the election and the time of opening and closing the polls, but the board of education is not required to make an order providing for the election. An order providing for an election passed by less than a quorum does not render an election void, as the law fixes the date of the election. All that seems necessary ie for the president and clerk in their official capacity to give proper notice. AcTcerman v. Haenek, 147-514. 2. Notice of all elections shall be giVen, and such notices shall specify the place where such election shall be held and the time of opening and closing the polls. It is within the power of the board, acting through its president and clerk, to prescribe such reasonable time for the opening and closing of the polls as may best suit the convenience of the voters of the district. Ibid. 3. The provisions of the statute as to the manner of conducting the details of an election are not mandatory, but directory, and irregularities in conduct- ing an election and counting the votes, not proceeding from any wrongful in- tent, and which deprive no legal voter of his vote and do not change the re- sult, will not vitiate the election. Ibid. § 7. In case of a failure to give the notice above provided for, such election may be held on any Saturday after such notice has been given as aforesaid. § 8. Such election shall be conducted in the same manner, and be governed by the provisions of this act relating to the election of boards of directors, except as otherwise provided by law. § 9. At the first election of directors succeeding the passage of this act, in any district having a population of not less than one thousand (1,000) inhabitants by the census of 1880, and in such other districts as may hereafter be ascertained by any special or gen- eral census to have a population of not less than one thousand inhab- itants, at the first election of directors occurring after taking such special or general census, there shall be elected a board of education, who shall be the successors of the directors of the district; and all rights of property and all rights or causes of action existing or vested in such directors, shall vest in said board of education, in as full and complete a manner as was vested in the school directors. Such board, at its first meeting, shall fix by lot, the term of office of its members so that one-third of them shall serve for one year, one-third for two years and one- third for three years, and thereafter one third shall be elected annually on the third Saturday in April, to fill the vacancies occurring, and to serve for the term of three years. 1, This section has no application to the election of a board of education in a newly formed district, but provides only for a change from a board of directors to a board of education. People v. Keechler, 194-235. § 10. The board of education shall have all the powers of school directors; and, in addition thereto and inclusive thereof, they shall have the power and it shall be their duty — First — To establish and support free schools not less than six nor more than ten months in each year. Second — To repair and improve school houses, and furnish them with the necessary fixtures, furniture, apparatus, libraries and fuel. 85 T^iVd— To examine teachers as supplemental to any other exami- nation, to employ teachers and to fix the amount of their salaries. (As amended by act approved June 19, 1898.) 1. Tbe examination herein provided for is as to the qualification of the ap- plicant in respect of ability, competency and character, to take charge of and teach a school in the district, and the board of education has the right to ex- amine and determine whether or not the applicant is qualified. In this con- nection see Kuenster v. Board of Education, 31A-386. Fourth — To establish schools of different grades, and make regu- lations for the admission of pupils into the same. 1. Under the law, boards of education have the right, power and authority to adopt reasonable rules and regulations in regard to the admission of per- sons over six years of age, which may operate to prevent such persons from entering school immediately after arriving at the age of six years. Board of Education v. Bolton, 85A-92. 2. In the exercise of these powers, the rules and orders made by the board of education must not be unreasonable, or such as to defeat the wise and beneficent purposes of the school law, and if reasonable, necessary, and such as will best afford to all the children in their district, entitled to attend pub- lie schools, an opportunity to receive the benefits of proper instruction, such reasonable and necessary rules and orders should be sustained by the courts. People V. Board of Education, 26A-476. Fifth —To buy or lease sites for school houses, with the necessary grounds: Provided, it shall not be lawful for such board of educa- tion to purchase or locate a school house site, or to purchase, build or move a school house, unless authorized by a majority of all voters voting at an election called for such purpose in pursuance of a peti- tion signed by not less than five hundred legal voters of such district, or by one-fifth of all the legal voters of such district. 1. It is made unlawful for a board of education to build a school house ex- cept upon petition of a majority of the voters of the district. Its power to build being thus limited, it follows, necessarily, that its power to employ others to build school houses is subject to the same limitation. Board of Education v. Boeher, 23A-629. 2. It is a mistake to suppose that the statute, in terms, vests the board of education with all the powers exercised by a board of directors. The powers of both these boards are precisely defined and limited by statute. To hold that a board of education may build a school house upon the authority of a vote of tie electors of the district, without any petition, as a board of direc- tors might have done, would be directly in the teeth of the statute which ex- pressly declares that the board of education shall not build a sohool house without a petition of a majority of the voters of the district. Ibid. Sixth — To levy a tax, annually, upon the taxable property of the district, in the manner provided in article 8 of this act, for the purpose of supporting and maintaiaiug free schools in accordance with the powers herein conferred: Provided, that it shall not be lawful for such board of education to levy a tax to extend schools be- yond a period of ten months in each year, except upon petition of a majority of the voters of the district: And, provided further, that all taxes shall be levied under the limitations relating to the per- centage of the assessment, as provided by section 1, article 8 of this act. 86 Seventh — To employ, should they deem it expedient, a competent and discreet person or persons as superintendent or superintendents of schools, and fix and pay a proper salary or salaries therefor; and such superintendent may be required to act as principal or teacher in such schools. Eighth— To lay off and divide the district into sub-districts, and from time to time alter the same, create new ones and consolidate them. Ninth— To visit all the public schools as often as once a month to inquire into the proofress of scholars and the government of the schools. Tenth — To prescribe the method and course of discipline and in- struction in the respective schools, and to see that they are main- tained and pursued in the proper manner. Eleventh — To expel any pupil who may be guilty of gross disobe- dience or misconduct. No action shall lie against them for such expulsion. Twelfth — To dismiss and remove any teacher whenever, in their opinion, he or she is not qualified to teach, or whenever, from any cause, the interests of the schools may, in their opinion, require such removal or dismissal. 1. The causes for removal and dismissal mentioned in this clause, are made to depend on the opinion of the board of education, and to emphasize such fact the phi ase in their opinion, is used twice in the alternatives mentioned in the statutes. When the teacher is dismissed and the reason therefor springs out of his own conduct, and the directors so charge, it is essential that some other person than the contracting parties should be arbiters in the matter; but when the dismissal is dependent on a cause that the board of ed- eation in their opinion may entertam, the teacher has no remedy in case of dismissal, at least as long as the board of education exercises the power in good faith. Board of Education v. Stotlar, 95A-250. 2. The teacher stands precisely in the position that he would have stood in had he made a contract to teach as long as his services were satisfactory to the board of education. This clause uses the words dismissal and removal. The word removal implies some personal dereliction of duty. The word dis- missal means termination, from whatever cause. Ibid. 3. Where a contract does not provide by its terms that a board of educa- tion would be discharged from compliance with its terms by reason of the de- struction of the school house, the discharge of either party to the contract would not result as a matter of law because of the destruction of such build- ing. Neither would the board of education be discharged from liability on its contract by reason of the destruction of the school house, and its inability to secure another building. If it had been desired to discharge either party from the contract for such cause, the contract should have so provided. Corn V. Board of Education, 39A-446. Thirteenth — To apportion the scholars to the several schools. Fourteenth — To establish and promulgate all such by-laws, rules and regulations for the government and the establishment and main- tenance of a proper and uniform system of discipline in the several schools as may, in their opinion, be necessary. 87 Fifteenth — To take charge of the school houses, furniture, grounds and other property belonging to the district, and see that the same are kept in good condition, and not suflPered to be unnecessarily in- jured or deteriorated. Sixteenth — To provide fuel and such other necessaries for the schools as, in their opinion, may be required in the school houses, or other property belonging to or under the control of the district. Seventeenth — To appoint a secretary and provide well-bound books at the expense of the school tax fund, in which shall be kept a faith- ful record of all their proceedings. Eighteenth — To annually prepare and publish in some newspaper, or in pamphlet form, a report of the number of pupils instructed in the year preceding, the several branches of study pursued by them, of the number of persons between the ages of twelve and twenty-one unable to read and write, and the receipts and expenditures of each school, specifying the source of such receipts and the objects of such expenditures. § 11. In all questions involving the expenditure of money, the yeas and nays shall be taken and entered on the records of the pro- ceedings of the board. § 12. None of the powers herein conferred upon boards of educa- tion shall be exercised by them, except at a regular or special meet- ing of the board. § 18. All conveyances of real estate shall be made to the town- ship trustees in trust for the use of schools, and no conveyance of any real estate or interest therein used for school purposes, or held in trust for schools, shall be made, except by the board of trustees, upon the written request of such board of education. § 14:. All money raised by taxation for school purposes, or re- ceived from the State common school fund, or from any other source for school purposes, shall be held by the township treasurer as a spe- cial fund for school purposes, subject to the order of the board of education, upon warrants signed by the president and secretary thereof, § 15. Any city, incorporated town, township or district in which free schools are now managed under any special act, may, by vote of its electors, cease to control such schools under such special act, and become part of the school township in which it is situated, and sub- ject to the control of the trustees thereof, under and according to the provisions of this act. Upon petition of fifty voters of such city, town, township or dis- trict, presented to the board having control and management of schools in such city, town, townsLiip or district, it shall be the duty of such board, at the next ensuing election to be held in such city, town, township or district, to cause to be submitted to the voters thereof, giving not less than fifteen days' notice thereof, by posting not less than five notices in the most public places in such city, town, township or district, the question of "Organization under the Free School Law;" which notice shall be in the following form, to- wit: Public notice is hereby given that on the day of A. D. V an election will be held at between the hours of M. and M. of said day for the purpose of deciding the question of *' Organization under the Free School Law." § 16. If it shall appear on a canvass of the returns of such elec- tion, that a majority of the votes cast at such election are " For Or- ganization under the Free School Law." then at the next ensuing regular meeting of the board of trustees of the township or town- ships in which such city, incorporated town, township or district is situated, said trustees shall proceed to redistrict the township or townships as aforesaid, in such manner as shall suit the wishes and convenience of a majority of the inhabitants in their respective townships, and to make a division of funds and other property in the manner provided for by section 63 of article 8 of thi=3 act, and on any Saturday thereafter there shall be elected, in each of the new districts so formed, a director, directors or board of education, as the case may be, in the manner provided for in section 6 of article 5 of this act, and thereafter such districts shall proceed as other districts under this act, but all subsequent elections of directors or boards of education shall be conducted as provided in sections 5 and 8 of ar- ticle 5 of this act. 1. It will be seen on examination that article 6 of the school law relates to school districts in incorporated cities, towns and villages, and provides for their organization and government in a manner, in certain respects, peculiar to themselves, it declares that all such school districts, except those existingun- der special acts, shall remain parts of the school townships in which they are respectively situated, and subject to the general provisions of the law applic- able to such townships, but provides for their government by boards of edu- cation instead of school directors. Sections 15 and 16 of said article relate to districts existing under special acts, and provide a mode by which those dis- tricts may abandon their special organization and become re-organized under the general law. People v. Uicker, 142-650. 2, It is plain that these sections govern in all proceedings by districts or- ganized under special charters to abandon their organization and become or- ganized under the general law. They prescribe the mode by which such re- organization shall be effected, and the conditions upon which the township trustees may acquire jurisdiction to redistrict their townships. Upon petition of 50 voters of the district, it becomes the duty of the board of education, or other district authorities, as to which they have no discretion, to submit the question to the voters of the district, and their yote being in favor of such organ- ization under the general law, the trustees are not only empowered, but it becomes their imperative duty to re-district their township, the only limita- tion upon their power in that behalf being that the re-districting shall be made in such manner as shall suit the wishes and convenience of a major- ity of the inhabitants of the township. Ibid, [■ 3. Nopetitionof the citizens of the township, or of the districts to be affected, is required, the authority of the trustees to act being based solely upon the re- sult of the election held in the district existing under the special act upon the question of organization under the general law. No mode is prescribed by which the trustees may ascertain the wishes or convenience of a majority of the inhabitants of the township, and it necessarily follows tiaat those matters are left to their officiial judgment and discretion. Ibid. 89 4. The provisions of sections 47 and 48 of article 3 have no application. Tliey clearly relate to a different subject matter. Section 46, article 3, pro- vides that, in case of newly organized townships, the trustees of schools shall lay the township off into one or more school districts, to suit the wishes or convenience of a maj:irity of the inhabitants of the township. Section 47 then provides that, where such division of a township into districts has been made, the trustees may, in their discretion, at their regular April meeting, when petitioned as provided in section 48, change such districts as lie wholly within their townships. Ibid. 5. Sections 47 and 48 of article 3, clearly relate to those ordinary changes in the school districts of a township already fully organized under the school law which from time to time become necessary in order to meet the wishes or convenience of the inhabitants of the various districts, but they have nothing to do either with the original organization of the township into school dis- tricts or to the re-organization which becomes necessary when a portion of the township previously organized into a district under a special act, aband- ons its special organization and becomes, for the first time, for school pur- poses, a part of the township. Ibid. In this connection see People v. Board 0} Education, 166 388. § 17. In cities having a population exceeding 100,000 inhabitants, from and after this act shall take effect, the board of education shall cocsist of 21 members, to be app iuted by the mayor, by and with the advice and consent of the common council, seven of whom shall be appointed for the term of one year, seven for the term of two years, and seven for the term of three years: Provided, Jioioever, That in such cities wherein there is now a board of education, hold- ing their office by appointment, such officers shall continue in office until the time at which their terms would have expired under the law in force at the time of their appointment. At the expiration of the term of any members of said board, their successors shall be ap- pointed in like manner and shall hold their office for the term of three years. Any vacancy which may occur shall be filled by the appointment of the mayor with the approval of the common council, for the unexpired term: And, provided further. That from and after this act shall take effect there shall be appointed by the mayor, by and with the advice aud consent of the common coun- cil, six members, two of whom shall be appointed for the term of one years, two for the term of two years, and two for the term of three years, (As amended by act approved June 22, 1891.) 1. The statutes in force have committed all the public schools in the city of Chicago to the control and management of the city board of education, and the instant any territory becomes part of the city, all public schools within that territory fall under the jurisdiction of said board, not by force of any express provisions of the annexation law, but by force of the existing stat- ute which has committed all schools in the city to the jurisdiction of said board. McGurn v. Board oj Education, 133-122; Cravencr v. Board oj Educa- tion, 133-145. 2. In cities of the class to which Chicago belongs, the entire supervision and control over all the public schools of the city is, by the provisions of the school law, committed to the board of education of the city. This jurisdic- tion is necessarily exclusive. It follows that whenever territory in which there is an organized school district and one or more public schools is an- nexed and thereby brought into the city, the jurisdiction of the board of edu- cation immediately attaches. Ibid. 3. The transfer of school property to the city of Chicago does not divest the inhabitants of the school districts and school township annexed of their vested rights in said property, and particularly in the fund arising from the sale of 90 portions of school section 16, The law expressly preserves all trusts with which that fund and the other school property was impressed while held by the districts and township and their officers, the only change effected, being a change of trustee or custodian. To such change there is no constitutional objection. McGurn v. Board of Education, 133-122. 4. The guaranty of the Constitution is that all lands, moneys, or other property, donated, granted or received for school, college, seminary or uni- versity purposes, and the proceeds thereof, shall be faithfully applied to the objects for which such gifts or grants were made. The grant of the sixteenth section to the State is for the use of the inhabitants of the townships for the use of schools. It would be difficult to point out anything in either of these provisions preventing the control of schools in one township being taken from a board in that township and vested in a board in another township. Ciavener v. Board 0/ Eduation, 133-145. 5. It appears that the board of education is a corporation or quasi corpo- ration created, woiews voiews, by the general law of the State to aid in the administration of the State government, and, charged as such, purely gov- ernmental in character. It owns no property, has no private interests, and derives no special benefits from its corporate acts. It is simply an agency of the State, having existence for the sole purpose of performing certain duties, deemed necessary to the maintenance of an efficient system of free schools, within the particular locality in its jurisdiction. Kinnare v. City of Chicaqi, 171-332. 6. A board of education erecting a school building in pursuance of the duties imposed upon it by statute, being merely the agent of the State, can not be made to respond in damages, as master, for the negligent acts of workmen employed upon the building. Ibid. 7. The General Assembly, by an enactment entirely distinct from the act under which the city became incorporated , selected the city as an agency of the State to aid in the general administration of the State government in the particular matter of providing a thorough system of free schools, in com- pliance with the requirements of the State Constitution. Ibid. 8. The doctrine of respondeat superior does not apply, as between a city and workmen employed upon a school building being erected by the city and the board of education, where the city's connection with the work arises solely from its disinterested discharge of a public duty imposed, nolen volens, by general law, as, in such case, those employed on the building are the servants of the State, and not of the city. Ibid. Kennare v. City of Chicago, 70A-10f) affirmed. 9. When the city of Chicago was under its special charter, the board of education was one of the departments of the city government. The incorpo- ration of the city under the general law did not abrng.ite the provisions of its former special charter, under which the board of education existed as such department, nor are such provisions, or the former general laws relating to the board of education, repealed by implication by the city and village act, or the general school law of 1872, or their subsequent amendments, so as to change the status of the board as a municipal agency. Brenan v. Ihe Peop\e, 176-620. 10. The school law of 1872 did not create the board of education of the city of Chicago, but recognized its then present existence, and changed and enlarged,. in many respects, its powers and duties, bat continued, as did the subsequent apt of 1889, its dependence, in many important matters, upon the city coun- cil. It seems clear that the board of education is still connected with, dependent upon, and to some extent a part of, the municipal government of that city. Ibid. 11. The board of education has sole power to investigate and determine charges against teachers and school employes involving their removal, but the civil service act of 1895 applies in all other respects, to offices and places of employment under such board. Ibid. 91 12. Tbe board of education of the city of Chicago is a public corporation^ created by legislative authority as an agency of the State for the purpose of maintaining public schools and school buildings within that subdivision of the State. J'or the purposes of that function it receives from the tax-payers and holds as a trustee the school fund, and is bound to administer it for the benefit of the beneficiaries of the trust. The tax- payers are in equity the owners of the fund, and the board can only hold and apply it to the legiti- mate purposes of the trust. The law is established, beyond doubt or contro- versy, that a bill to eujoin public officers so situated from misappropriating the fund in their charge is a proper remedy for a taxpayer. Courts of chan- cery will interfere to restrain such authorities from the misuse of the fund entrusted to them, or its appropriation to a purpose not warranted by law. Adams v. Brenan, 177-194. 13. A board of education has no power to agree with the representatives of labor organizations to insert in all its contracts for work on school build- ings, a provision that none but union men should be employed in such work or placed on its pay-rolls. Such contract is a discrimination between differ- ent classes of citizens, and of such a nature as to restrict competition and to increase the cost of work. It is unquestionable, that if the Legislature should enact a statute containing the same provision as this contract in re- gard to any work to be done for boards of education, or if they should by statute undertake to require this board, as the agency of the State in the management of school affairs, to adopt such a rule or insert such a clause in its coutract-i, or should undertake to authorize it to do so, the provision would be absolutely null and void as in conflict with the Constitution. Ibid. 14. There is no more reason or justification for such a contract than there would be tor a provision that no one should be employed except rnembers of some particular party or church. In any such case it might be said that the board entertained abona fide opinion that the members of some political party were more intelligent and better capable of performing the work, so that bet- ter results would be attained; or that the members of a church, on account of their higherstandardof morality, would more faithfully and conscientiously carry out the contract. The fact that the board may have been of the opinion that its action was for the benefit of the public, cannot afford a justification for limiting competition in bidders and requiring them to abandon the right to contract with whomsoever they may choose for the performance of the work. Ibid. 15. The board of education may stipulate for the quality of material to be furnished and the degree of skill required in workmanship, but a provision that the work shall be done only by certain persons or classes of persons, members of certain societies, necessarily creates a monopoly in their favor. The effect of the provision is to limit competition by preventing contractors from employing any certain persons and by excluding therefrom all others engaged in the same work, and such a provision is illegal and void. A tax- payer may resist an attempted appropriation of his money in execution of such a contract. Ibid. 16. A tax- payer may enjoin the expenditure of a school fund under a provision of a contract for a public school building requiring the employment of union men only, although neither the contractor nor excluded laborers com- plain. The failure of a bill to show that it was filed before work was begun under the contract, does not affect the complaining tax payer's right to relief, where the contract under which the expenditure is attempted i» against public law, which the contractor is bound to know. Ibid. 17. No queston concerning the merits of labor or trades unions is in any way involved in this case. The right of organization for mutual benefit in all lawful ways is not denied. The question is, whether the board of education has a right to enter into a combination with such an organization for the expenditure of the tax-payers' money for the benefit of members of the organization, and to exclude any portion of the citizens following lawful trades and occupations from the right to labor. It has no such right. Ibid.. 92 § 18. Any person having resided in any such city more than five years next preceding his appointment, shall be eligible to member- ship of such board of education. § 19. The said board of education shall appoint a president and secretary, the president to be appointed from their own number, and shall appoint such other officers and employ6s as such board shall deem necessary, and shall prescribe their duties and compensation and terms of office. § 20. The said board shall provide well bound books, at the ex- penses of the school tax fund, in which shall be kept a faithful record of all their proceedings. The yeas and nays shall be taken and en- tered on the records of the proceedings of the board upon all ques- tions involving the expenditure of money. § 21. The said board of education shall have charge and control of the public schools in such cities, and shall have power, with the concurrence of the city council — i^^'rs/— To erect or purchase buildings suitable for school houses, and keep the same in repair. 1. The board of education, with the concurrence of the common council, has power to erect school houses, and it is to be assumed the connection of the city with the construction of such buildings, is only such as arise out of the authority and power vested in the city by the provisions of this section. The erection of a school building: is of no benefit to the city as a municipal- ity, and whatever connection it has with the board of education in the mattpr of construction of a building is simply for the purpose of discharging a public duty cast upon it by the law making power of the State. That duty is governmental in its character. It is performed in obedience to a statute which was enacted because it was deemed expedient by the Legislature, in the distribution of the powers of the government, to require the city, nolens volens, to perform a public service in which the city, as a corporation, had no interest. Kinnare v. City of Chicago, 171-332. Second — To buy or lease sites for school houses with the necessary grounds. If said board of education shall be unable to agree with the owner or owners for the purchase of such site, then, with the concurrence of the city council, it may acquire the title to said site in the manner that may be now or hereafter provided for by any law of eminent domain. Such proceedings to condemn shall be in the name of said city in trust for the use of the schools. (As amended by an act approved April 22, 1899) Third — To issue bonds for the purpose of building, furnishing and repairing school houses, for purchasing sites for the same, and to provide for the payment of said bonds; to borrow money for school purposes upon the credit of the city. § 22. The said board of education shall have power — First — To furnish schools with the necessary fixtures, furniture and apparatus. Second — To maintain, support and establish schools and supply the inadaquaoy of the school funds for the salaries of school teachers from school taxes. 93 Ihird — To hire buildiugs or rooms for the use of the board. Fourth — To hire buildings or rooms for the use of schools. Fifth — To employ teachers and fix the amount of their compen- sation. Sixth — To prescribe the school books to be used, and the studies in the different schools. Seventh — To lay off and divide the city into school districts, and from time to time alter the same and create new ones, as circum- stances may require, and generally to have and possess all the rights, powers and authority required for the proper management of schools, with power to enact such ordinances, as may be deemed necessary and expedient for such purpose. Eighth — To expel any pupil who may be guilty of gross disobedi- ence or misconduct. Ninth — To dismiss and remove any teacher whenever, in their ' opinion, he or she is not qualified to teach, or whenever, from any cause, the interests of the school may, in their opinion, require such removal or dismission. Tenth — To apportion the scholars to the several schools. Eleventh — To lease school property, and to loan moneys belonging to the school fund. Twelfth — To grant the use of assembly halls and class rooms when not otherwise needed, including light, heat and attendants, for pub- lic lectures, concerts and other educational and social interests free of cost, but under such provisions and control as they may see fit to impose. (As amended by an act approved May 13, 1903.) § 23. It shall be the duty of such board of education — First — To take the entire superintendence and control of the schools in such cities. Second — To examine all persons offering themselves as candidates for teachers, and when found well qualified to give them certificates gratuitously. Third — To visit all the public schools as often as once a month. Fourth — To establish all such by-laws, rules and regulations for the government and for the establishment and maintenance of a proper and uniform system of discipline in the several schools as may, in their opinion, be necessary. Fifth — To determine from time to time how many and what class of teachers may be employed in each of the public schools, and em- ploy such teachers and fix their compensation. Sixth — To take charge of the school houses, furniture, grounds and other property belonging to the school districts, and see that the same are kept in good condition and not suffered to be unneces- sarily injured or deteriorated. 94 Seventh — To provide fuel and such other necessaries for the schools as, in their opinion, may be required in the school houses, or other property belonging to the said districts. Eighth — To inquire into the progress of scholars and the govern- ment of the schools. Ninth — To prescribe the method and course of discipline and in- struction in the respective schools, and to see that they are main- tained and pursued in the proper manner. Tenth — To prescribe what studies shall be taught, and what books and apparatus shall be used. Eleventh — To report to the city council, from time to time, any suggestions they may deem expedient or requisite in relation to the schools and the school fund, or the management thereof, and gener- ally to recommend the establishment of new schools and districts. Twelfth —To prepare and publish an annual report, which shall in- clude the receipts and expenditures of each school, specifying the source of such receipts and the object of such expenditures. Thirteenth — To communicate to the city council, from time to time, such information within their possession as may be required. § 24. None of the powers herein conferred upon the board of ed- ucation of such cities shall be exercised by them except at a regular meeting of such board. § 25. All conveyances of real estate shall be made to, and the title of all such as shall be acquired by condemnation shall rest in the city in trust for the use of the schools, and no sale of real estate or in- terest therein used for school purposes or held in trust for schools shall be made, except by the city council upon the written request of such board of education. (As amended by act approved April 22, 1899.) 1. It seems clear, from all the legislation on the subject, it was the inten- tion of the Legislature that the city, in cities having over 100,000 inhabitants, should have the title to all real estate held for school purpose, and the city treas- urer should have the custody of all school funds, no matter from what source derived. The board of education in such cities is given no independent powers as to the real estate held or to be purchased for school purposes. Whatever the board can do in reference to buying or leasing sites for school houses, or issuing bonds for the erection of buildings thereon, can only be done with the concurrence of the common council. People v. Boche, 124-9. 2. The powers and duties the board may exercise, independently of the common council, relate mostly to furnishing school houses, the employment of teachers, and the management of schools generally. But all school prop- erty and funds are placed in and under the care of the common council or some city officer. There is no express provision of the law that authorizes the board of education to take to itself the conveyance of any real estate, for the purpose of holding the title as an actual owner might do, nor is there any express statute giving the board authority to hold the title to real estate by way of pledge or security for the payment of indebtedness, and if they have any such power, it must arise, by implication, from other powers expressly conferred. Ibid. 3. As respects the sale of real estate held for school purposes, the statute is so plain it admits of no construction. It can only be sold on two express 95 conditions, — first, the sale must be made by the common council; and second, it must be made by the council on the written request of the board of education. In case it is necessary to take a mortgage to secure any portion of the purchase money, the statute is silent as to what corporate body it shall be made. Ibid. 4, Ordinarily it is the vendor that takes the mortgage to himself, to secure the unpaid purchase money, and following the custom that prevails with pri- vate individuals in this respect, it would seem the corporate body authorized by law to eonvey school property should take to itself the mortgage to secure the balance of the purchase money, if any remain unpaid. It would be competent for the Legislature to provide, by statute, on the sale of school lands by the common council the mortgage to secure the upaid purchase money might be made to the board of education; but no provision has been made, by statute, for giving a mortgage in such cases to the board of edu- cation. Outside of statutory provisions, considerations of convenience would seem to require the mortgage should be given to the city. Ibid. § 26. All moneys raised by taxation for school purposes or re- ceived from the State common school fund, or from any other source for school purposes, shall be held by the city treasurer as a special fund for school purposes, subject to the order of the board of educa- tion, upon warrants to be countersigned by the mayor and city comptroller, if there shall be any city comptroller appointed, if not then by the city clerk. (As amended by an act approved April 22, 1899.) § 27. Said board of education shall not add to the expenditures for school purposes anything over and above the amount that shall be received from the State common school fund, the rental of school lands or property, and the amount annually appropriated for such purposes. If said board shall so add to such expenditure the city shall not, in any case, be liable therefor. And nothing herein con- tained shall be construed so as to authorize any such board of educa- tion to levy or collect any tax upon the demand, or under the direc- tion of such board of education. § 28. All schools in such cities shall be goveraed as hereinbefore stated and no power given to the board of education shall be exer- cised by the city council of such city. § 29. Boards of education in all cities having but one board ex- ercising jurisdiction over the schools of the district of which said city may be a whole or part and having a population exceeding 30,000 and not exceeding 100,000 inhabitants as shown by the last preced- ing federal or school census, shall have power to examine all persons offering themselves as candidates for teachers, and when found well qualified to give them certificates. Any such certficate shall be held to authorize the teacher having the same to teach only in the schools of such district and to entitle such teacher to receive compensation therefor from the public school fund. The examination herein pro- vided for shall in every case extend to and include all the branches enumerated in the examination now, or which shall be hereafter required by general law to be given by county superintendents, and shall not be construed so as to dispense with the teaching in the public schools of this State of any study which is now or may hereafter be prescribed by general law. Every applicant for a 96 teacher's certificate shall pay to the board of education the fees which may be required to be paid to the county superintendents by general law, and the said board shall transmit the same monthly to the said county superintendents. Aetiole VII. TEACHERS. Section 1. No teacher shall be authorized to teach a common school under the provisions of this act who is not of good moral char- acter, at least 18 years of age, if a male, or 17 years of age, if a female, and who does not possess a certificate of qualifications as hereinafter provided for: Provided, That in any county in which a county normal school is established, under the control of a county board of education, the diplomas of graduates in said normal school shall, when directed by said board, be taken by the county superin- tendent as sufficient evidence of qualification to entitle the holder to a first grade certificate; but such diplomas shall not be sufficient after two years from such graduation. § 2. The State Superintendent of Public Instruction is hereby authorized to grant State certificates to such teachers as may be found worthy to receive them; such certificates shall be of two grades, and both shall be valid in every county and school district in the State. The higher grade shall be valid during the lifetime of the holder, and the lower grade shall be valid for five years. But State certificates shall only be granted upon public examination, of which due notice shall be given, in such branches and upon such terms and by such examiners as the State superintendent and the principals of the State universities may prescribe. Said certificates may be revoked by the State superintendent upon proof of immoral or unprofes- sional conduct. (As amended by an act approved April 28, 1893.) § 8. It shall be the duty of the county superintendent to grant certificates to such persons as may, upon due examination, be found qualified. Said certificates shall be of two grades; those of the first grade shall be valid in the county for two years, and shall certify that the person to whom such certificate is given is of good moral character and is qualified to teach orthography, reading in English, penmanship, arithmetic, English grammar, modern geography, the elements of natural sciences, the history of the United States, physiology and the laws of health. Certificates of the second grade shall be valid for one year, and shall certify that the person to whom such certificate is given, is of good moral character, and is qualified to teach orthography, reading in English, penmanship, arithmetic English grammar, modern geography and the history of the United States: Provided, That teachers exclusively teaching music, draw- ing, penmanship, book-keeping, German or any other special study shall not be required to be examined except in reference to such special study; and in such cases it shall not be lawful to employ such teachers to teach any branch of study except such as they have 97 been examined upon and which shall be stated in the certificates. The county superintendent may, in his option, renew said certificates at their expiration by his endorsement thereon and may revoke the same at any time for immorality, incompetency or other just cause. Said certificates may be in the following form, viz: , IlUnois, A. D. , The undersigned having examined in orthography, reading in Enghsh, penmanship, arithmetic, English grammar, modern geography, the history of the United States, and methods of teaching, and being satisfied that is of good moral character, hereby certifies that qualifications in the above branches are such as to entitle to this certificate, being of the grade, and valid in said county for •.- year. . . . from the date hereof, renewable at the option of the county superintendent by his endorsement thereon. Given under my hand and seal at the date aforesaid. A. B., County Superintendent 0} Schools. (As amended by an act approved June 21, 1895.) 1. A certificate of qualification, obtained from the county superintendent, is prima Jacie evidence of the fact of his competency to teach. Where a teacher is discharged for incompetency, it devolves upon the directors to show the want of qualification. The law does not require the highest possible qualifi- cations, or a talent for his profession equal to the most eminent and successful teachers. It requires only average qualification and ability, and the usual application to the dischage of the duties of a teacher, to fulfil) his contract. Neville v. School Directors, 3G 71. 2. A certificate is prima facie evidence of qualification. It cannot be im- peached, although it may be overcome by proof of incompetency. Neither can it be properly shown that for any particular certificate, the teacher was examined by the county superintendent. If the county superintendent had previously examined him and thereupon given him a certificate, a renewal does not require another axamination. Boyle v. Scheol Directors, 36A-G53. 3. Where a contract was dated May 10th, but not consummated until July or August, it was not entered into until that time. All prior propositions were superseded by the written agreement. The date appearing on the face of a contract is not conclusive even against the parties to it. Holding a teacher's certificate at the time of accepting their proposition and contracting with them in writing, the contract is valid and binding on the directors, and in discharging the teacher without cause they become liable for the amount of wages according to contract, unless it be shown that such teacher could have procured work of a similar character. And to show this fact is incumbent on the directors to reduce the amount to be recovered. School District v Stilley, 36A-133. 4. The statute provides that no teacher shall be authorized to teach a com- naon school, who doea not possess a certificate as required by this section. It is made the duty of the county superintendent to grant certificates to such persons as may upon due examination, be found qualified, and it is provided that he shall certify that the person to whom such certificate is given is quali- fied to teach the enumerated branches. School District v. Sterricker, 8(5-596. 5. While the statute imposes no duty to give to any one a certificate, ex- cept to a person found qualified upon due examination, yet the statute does not require the certificate to state upon its face what the examination was, or that such examination was had. The statute requires the certificate to state that the person to whom the certificate is given is qualified to teach the branches enumerated. Ibid. -7 S 98 (j. A certificate is not invalid for want of conformity to the form furnished in the statute. The statute prescribes what fact the certificate must state, and then adds, that the certificate may be drawn in a ariven form. The word may in this case was not intended to be interpreted must. The certificate is in the nature of a commission, and cannot be attacked coUaterly. Ihid. § 4, Each county superintendeDt shall also keep a record, in a book provided for that purpose, of all teachers to whom he grants certificates. Said record shall show the date and grade of each cer- tificate and all renewals granted, and the name, age and nativity of each teacher; and shall give the names of male and female teachers separately. Said record may be as follows, viz.: Name. Age. Nativity Date. Grade. Experience. Graduated. Chas. Thompson. 25 Illinois.. Mar. 1,1888 1 Has taught 5 years State Normal University § 5. No teacher shall be entitled to any portion of the common school or township fund, or other public fund, or be employed to teach any school under the provisions of this act, who shall not, at the time he enters upon his duties as such teacher, have a certificate of t[ualification obtained under the provisions of this act from the superintendent of the State, or the county superintendent of the county in which the school is located, entitling him to teach. (As amended by act approved June 19, 1898.) 1. Prior to July 1, 1893, the statute provided that no teacher should be en- titled to any portion of the school fund or be employed to teach who had not, at the time of the employment, a certificate of qualification, but the amend- ment in force on the day mentioned, it is sufficient that the teacher shall have the certificate act the time he enters upon his duties as such teacher. JPoUard v. School District, 65A-104; School Directors v. Orr, 88A-648. 2. By this section of the statute, the possession by the teacher at the time Hie enters upon his duties as such teacher, of a legal certificate of qualifica- tion, is made a condition precedent to his right to receive any portion of the public money for his services, and the facts necessary to constitute a com- pliance with the statute in this respect must be distinctly and affirmatively alleged in a declaration to recover for the services of a teacher, or to recover damages from the school district for the breach of a contract to teach. Stanhope v. School Directors, 42A-570. 3. A school district created by virtue of any special act, is a common school district. The public schools taught in it are common schools, and there is no reason why the general law of the State for the securing of com- petent teachers for the common schools, and providing for the examination of such teachers, and their being found qualified by the county superinten- dent of schools, should not apply to the common schools of such district as well as to the other common schools of the State. Unless the board of direc- tors or board of education of such school district is, in express terms, vested with the power to examine its teachers and grant them certificates, no teacher may be employed, or receive any part of the school fund, who does not pos- sess the qualifications required by the general law. Board of Education v. Arnold, 112-11. § 6. Every school established under the provisions of this act shall be for instruction in the branches of education prescribed in 99 the qualifications for teachers, and in such other branches, including vocal music and drawing, as the directors, or the voters of the dis- trict at the annual election of directors may prescribe. 1. Power is expressly given to directors to order that other branches than those enumerated, may be taught in the common schools, and by another section, they are given discretion to say what those branches of study shall be. The medium of instruction in all schools established or to be established under existing laws shall be the English language, but there has been no in- tention expressed, in any legislation respecting schools, to inhibit the teach- ing of the modern languages in such schools. Powell v. Board o4 Education. 97-375. " § 7. It shall be the duty of the county superintendent to hold meetings, at least quarterly, and oftener, if necessary, for the exam- ination of teachers, on such days and in such places in the respective counties, as will, in their opinion, accommodate the greatest number of persons desiring such examination. Notice of such meetings shall be published a sufficient length of time, in at least one newspaper of general circulation, the expense of such publication to be paid out of the school fund. § 8. The county superintendent shall in all cases require the pay- ment of a fee of one dollar from every applicant for examination for a teacher's certificate, and for each renewal of such a certificate he shall require the payment of a fee of one dollar. § 9. All moneys so received from applicants for teachers' certifi- cates, and from the registration fees hereinafter provided for, the said county superintendent shall transmit monthly to the county treasurer, to be by him held and designated as the institute fund, and with such fund the county superintendent shall give the treasurer a list of the names of the persons paying such fees. Said fund shall be paid out by the county treasurer only upon the order of the county superintendent, and only to defray the expenses of the teachers' in- stitutes, which the county superintendent is, by the following sec- tions, authorized to hold, The county superintendent shall take vouchers for all payments made out of the institute fund, and he shall render an account of such disbursements, with vouchers for the same, to the county board at their regular meeting in September annually. § 10. The county superintendent shall hold, annually, a teachers' institute, continuing in session not less than five days, for the in- struction of teachers and those who may desire to teach; and, with the concurrence of the State Superintendent of Public Instruction, procure such assistance as may be necessary to conduct said institute at such time as the schools of the county are generally closed: Pro- vided, that two or more adjoining counties may hold an institute together. At every such institute instruction shall be free to such as hold certificates good in the county (or counties where two or more join to hold an institute) in which the institute is held; but the county superintendent shall require all others attending to pay him a registration fee of one dollar, except those who have paid him an examination fee as required by section 8 of this article, and failed to receive a certificate. 100 § 11. The time not exceediDg three days in any one term, or five days in any one school year, during term time, actually spent by a teacher of any public school in this State in attendance upon a teachers' institute, held under the direction of the county superin- tendent of schools, shall be considered time lawfully expended by such teacher in the service of the district where such teacher is em- ployed, and no deduction of wages shall be made for such absences. And it shall be the duty of the school oflficers and boards of educa- tion to allow teachers to close their schools for such attendance upon such institute. § 12. It shall be the duty of every teacher employed in the public schools of the State to see that the school property of the district, placed under his care and control, is not unnecessarily damaged or destroyed. And no teacher shall be paid any part of the school funds, unless he shall have kept and furnished schedules (when re- quired by law) as hereinafter directed, and shall also have satisfac- torily accounted for all books, apparatus and other property belong- ing to the district, which he may have taken in charge. § 13. Teachers shall keep correct daily registers of their schools, which shall exhibit the name, age and attendance of each pupil, the day of the week, the month and the year. Said registers shall be, as nearly as may be, in the following form, the absence of each scholar being signified by a mark, the presence by a blank, viz, : Register of a common school keept by A. B., at in district No in township No range . .» of the principal meridian, in the county of in the State of Illinois. Names and Ages or Scholars ATTE>fD- iNQ School.! Names. John Smith Isaac Meisler — Sarah Danforth. Mary Newman .. Grand total No. of days Males. Females Total. Number of scholars. Averagre daily attendance 3.2 101 Said register shall be furnished to the teachers by the school di- rectors, and each teacher shall, at the end of his term of school, return his register to the clerk of the school board of the district. And no teacher shall be paid any part of the public funds unless he shall have accurately kept and returned the register as aforesaid. 1. Where a teacher sues to recover wagres, and it appears that she offered to deliver the register and schedule to the clerk, the new clerk of the board, and he refused to accept them, it is held that the directors can not contend that she failed to return schedule and regfister, and that she completed the term according to law. School Directors v. Sprague, 78A-390. 2. Where the proof is satisfactory that a contract was made for the em- ployment of a teacher, two directors consenting to it; that the proper certifi- cate required by law was exhibited to them; that the school was taught, and that a schedule was made out by the teacher and presented to one of the di- rectors, who signed and retained it, it is held that such teacher is entitled to recover the wages agreed upon. Adkins v. Mitchell, 20-511. 3. The refusal of a justice of the peace to grant a change of venue does not authorize the dismissal of a suit in the circuit court. A justice of the peace has jurisdiction of the subject matter in a suit for the recovery of wages, and on appeal to the circuit court, where there must be a trial cZe woro, that court has jurisdiction of the parties as well as the subject matter. Ibid. § 14. In all districts controlled by a board of directors, teachers shall make schedules of the names of all scholars under twenty-one (21) years of age attending school, in the form prescribed by this act, and when scholars reside in two (2) or more districts, townships or counties, separate schedules shall be kept for each district, town- ship or county. Boards of education may require teachers under their control to make schedules as herein directed, or to make state- ments certifying the number of days' attendance for each month, as shown by their registers, which statements shall be certified to by the board of education, and be subject to the same requirements con- cerning payment of teachers' salary and filing as those made by this act concerning schedules. The schedules to be made and returned by the teacher shall be, as near as circumstances will permit, in the following form, viz.: Schedule of common school kept by at in district No , township No , range No of the principal meridian, in the county of in the State of Illinois. Names and ages of scholars residing in district No in townybip No north, range west, county, who have attended in my school during the time beginning the day of , 18 , and ending day of 18.... , during which time the school was in session school days. Name. Ages. Days Attended. 10 13 16 18 15 11 Sarah Dant'oith 20 18 61 102 Males. Females. Total. Number of scholars 2 2 4 Average daily attendance 3 2 And said teacher shall add up the whole number of days' attend- ance of each scholar, and make out the grand total number of days' attendance. He shall also note the whole number of scholars, giving the males and females separately; the average daily attendance, and shall set the age of each pupil opposite the name of such pupil, as in the form above prescribed, and shall attach thereto his certificate, which shall be in the following form, viz.: I certify that the foregfoing schedule of scholars attending my school as therein named, and residing as specified in said schedule, to the best of my knowledge and belief is correct. A B , leacher. § 15. When the teacher shall have completed his or her schedule or schedules as provided in the foregoing section, he or she shall de- liver it to some one of the directors, who shall, if requested, give the teacher a receipt for the same. And it shall be the duty of the said director, in connection with at least one other director of the board to carefully examine such schedule or schedules, and after correcting all errors, if any, if they shall find such schedule to have been kept according to law, they shall certify to the same as near as practicable, in the following form, viz: State of Illinois,"! ss. County. We, the undersigned directors of district No , township No. , range No , in the county aforesaid, certify that we have carefully examined the foregoing schedule and find the same to be correct, and that the school was conducted according to law; that the teacher is paid as per contract dollars per ; that the sum of , dollars is now due for services for the month ending ; that said teacher has a legal certificate of grade, and that the property of said district in charge of such teacher has been satisfactorilv accounted for. Witness our hands this day of , A. D , Directors. § 16. Teachers' wages are hereby declared due and payable monthly, and upon certifying to the schedule or statement as here- inbefore provided for, the directors or board of education may at once make out and deliver to the teacher an order upon the township treasurer for the amount named in the schedule or statement; which order shall state the rate at which the teacher is paid according to his contract, the limits of the time for which the order pays, and that the directors have duly certified a schedule covering the time specified in such order: Provided, That in case said order shall be presented to the township treasurer and not paid for want of funds, ]03 said treasurer shall certify on the back of such order the date of presentation as required by sectioa 18 of article 4 of this act, and thereafter such order shall bear interest at the rate of 7 per cent per annum until paid, or until the said treasurer shall notify the clerk of the board of directors issuing such order that he has funds with which to pay the same. (As amended by an act approved April 24, 1899 ) §17. The school month shall be the same as the calendar month, but teachers shall not be required to teach upon Saturdays, Sundays, legal holidays, these being New Year's, Fourth of July, Christmas and Thanksgiving, and fast days appointed by the national or state authority; nor shall they be required to make up the time lost by closing the school upon such days or upon such special holidays as may be granted the schools by the board of directors. Article VIII. REVENUE — TAXATION. § 202. For the purpose of establishing and supporting free schools for not less than six nor more than nine months in each year, and defraying all the expenses of the same of every description, for the purpose of repairing and improving school houses, of procuring furniture, fuel, libraries and apparatus and for all other necessary in- cidental expenses in each district, village or city, anything in any special charter to the contrary notwithstanding, the directors of such district and the authorities of such village or city shall be authorized to levy a tax annually upon all the taxable property of the district, village or city not to exceed two and one- half per cent for educa- tional and two and one-half per cent for building purposes (except to pay indebtedness contracted previous to the passage of this act), the valuation to be ascertained by the last assessment for the State and county taxes: Provided, That in cities having a population exceeding one hundred thousand inhabitants the board of education may estab- lish and maintain vacation schools and play grounds under such rules as it shall prescribe. (As amended by an act approved April 21, 1899.) 1. The number 202, as used in the amendment to section 1, article 8, may be regarded as surplusage. The Constitution nowhere provides that the sec- tion of an act sought to be amended, shall be indicated. It requires that the subject matter of the act sought to be amended shall be expressed in the title of the amendatory act, and that the section amended shall be inserted at length in the new act. In the amendatory act of April 21, 1899, both of these constitutional provisions are fully complied with. There is no uncertainty as to what section the Legislature intended to amend, and where the inten- tion of the Legislature can be ascertained with absolute certainty, the courts will carry such intention into effect and hold the amendment valid. Otis V. 2he People, 196-542. 2. It is unlawful for school directors to build a school house without a vote of the people of the district on the question, and if they do so their act would be null and void, and their orders drawn on the township treasurer in pay- ment for building the same would be void, even in the hands of assignees. Any tax levied for the payment of the same would also be void. School Di- rectors V. Fogleman, 76-189; Ihatcher v. Ihe People, 93-240. 104 3. School directors can exercise no other powers than those expressly granted, or such as may be necesary to carry into effect a granted power. Where a school house is built and accepted without a vote of the people, the fact that it was used for school purposes does not legalize the act, or bind the tax-payers. Where orders are issued in such a case without authority of law for building purposes, there can be no innocent holder of this paper. School Directors v. Vogleman, 76-189. 4. A city or village working under special charter provisions concerning public schools, may levy a tax for building purposes without a vote of the people authorizing the erection of a school building, if the special provisions contain no such requirement. Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. Bandle, 183-364. 5. Where existing special charter provisions concerning public schools do pot require a prior vote of the people favoiing the erection of a school build- ing, a tax for building purposes in excess of the amount required for current expenses may be levied without the authority of such prior vote. Lippincott V. Board of Education, 186-205. Cleveland, Cincinnati, Chicago d; St. Louis Railroad Co. v. Bandle, 183-364, followed. 6. A school district cannot, if it can recover at all, recover from another district, which has collected taxes upon lands within the former through a mistake of the clerk as to the location of the lands, a greater sum than it has levied and would Have collected had there been no mistake. Walser v. Board of Education, 160-272. Board of Education v. Board of Education, 57A-283, affirmed. 7. A school district which has collected its full tax levy cannot recover from another district taxes collected by it upon lands within the former through a mistake of the clerk as to the location of the lands, although the rate per centum of the tax as extended in the former was thereby made greater than it otherwise would have been. Ibid. 8. Tax-payers in one school district who voluntarily pay a tax levied by mistake upon their lands, to another district, cannot recover back the same, where the books werei kept open and means of knowledge of all the facts existed, although they supposed they were paying the tax of the district in which their lauds lay. Ibid. 9. A school district does not become a trustee for one tax-payer of an ex- cessive amount collected from another. Ibid. 10. Personal property usually follows the residence of the owners, and is there taxable. There are, however, exceptions to the general rule. It is not strictly true as to personal property owned by incorporated companies and mercantile firms by a common title, and not by distinct and separate in- terests. * * * It is entirely competent for the Legislature to fix the situs of personal property, belonging to incorpornted and mercantile firms, for the purpose of taxation. Munson v. Crawford, 65-185. 11. The constitution, in its application to the various departments of the government and to individual rights, must receive such a construction as to give it a practical operation. It must be so applied as to promote and effect the objects of its adoption, and not to defeat the end for which it was estab- lished. Equality is provided for, both as to persons and property, in the levy and collection of all taxes by the constitution, whether for state or for other purposes. To hold that the omission to assess an individual, or to assess property, liable to taxation under the revenue laws, will render the whole tax levied under that assessment, to the extent of the revenue of which it forms a part, to be void, instead of accomplishing the object of the constitu- tion would only render its provisions authorizing the collection of revenue in- operative. Merritt v. Farris, 22-303. 12. Section 1, article 8 of the school law, provides that for the purpose of establishing and supporting free schools, for not less than six nor more than nine months in each year, and defraying all the expenses of the same, and for the purpose of repairing and improving school houses^ procuring furni- 105 ture, fuel, libraries and apparatus, and for all other necessary incidental ex- penses in each district, villaee or city, the directors of the district and the authorities of the village or city, shall be authorized to levy a tax annually upon all the property of the district, village or city, not to exceed two and one-half per centum, per annum, for educational and two and one-half per centum, per annum for buildinsr purposes, the valuation to be ascertained by the last assessment for State and county taxes. Wabash B. B. Co. v. 2he People, 147-196, 13. The county clerk, when making out the tax books for the collector, shall compute each taxable person's tax, in said district, upon the total amount of taxable property, as equalized by the State Board of Equalization for that year, lying and being in said district, whether belonging to residents or non residents, and also each and every tract of land assessed by the as- sessor, which lies, or the largest part of which lies, in said district. Ibid. 14. Prom these provisions, and especially from the language of the sec- tion last quoted, it seems to be very clear that school taxes are required to be computed and extended upon the valuation and assessment of property for purposes of taxation tor the current and not for the previous year. The extension of the school tax on the tax books is to be made at the same time that the other taxes are levied and extended, and that is not until after the assessment of property for the current year has been made, and has been equalized by the State board, and the computation is expressly required to be based upon the valuation of taxable property as equalized by the State board for that year. Ibid. 15. If the estimate of the directors should happen to exceed two and one- half per centum of the equalized assessment, the result would be that only the two and one-half per centum could be levied and extended on the tax books, and that the excess would have to be abated. Ibid. 16. The cost of building a small coal shed, of painting and papering the school house, of lumber and flooring, of building a porch, of stoves and re- pairs on the same, and of fuel and janitor service, can not be included in a tax levied for building purposes, but must be included in the two and one- half per centum levied for educational purposes. O^Day v. The People, 171- 293. 17. In view of previous legislation, and of the public policy of this State as indicated thereby, we have no doubt it was the intention of this statute that all of the current ordinary expenses of the schools, including ordinary repairs, were to be covered by the taxes to be levied within the two and one- half per centum for educational purposes, and that the additional taxes to be levied within the additional two and one-half per centum for building pur- poses were intended only to provide the means necessary to meet the special occasion of the building of a school house. The proper construction of this statute is, that the words for building purposes are special, and apply solely to the building of school houses and matters incident thereto, while the words for educational purposes are general, and apply to all matters for which a board of directors may levy school taxes. Ibid. 18. Items for educational purposes which are improperly included in the levy for building purposes can not be held valid, even though the tax levied for educational purposes does not equal the amount authoriz«d by law, since the funds for the two purposes can not be commingled and taxes levied for one purpose can not be applied to the other. Knopf v. 2 he People, 185-20. 19. Where, in mandamus proceedings to compel the extension of taxes, the levy for building purposes includes items for educational purposes, but furnished no means of showing what portion of the levy is legal, the relator can not compel the extension of any portion of such tax, and hence can not complain that, in order to award the writ, the court, in ascertaining the amount legally assessed for building purposes by inspecting the records of the board of education, excluding certain items which might properly have been alowed for building purposes. Ibid. 20. In determining whether the amount levied by an appropriation ordi- nance exceeds the statutory limit of two and one-half per centum, an amount 106 levied to pay bonds and interest, issued to raise money to pay for an improve- ment built by general taxation, should be excluded. Wabash Railroad Com- pany V. Ihe People, 187-289. 21. The placing of a steam heating apparatus in a school building, to re- place an old one; the reconstruction of a part of the basement; changing the system of drainage in the basement and constructing a stone walk around the school building, are matters which should be provided for under the tax levied for educational purposes and not for building purposes . Ibid. 22. If it is conceded that a contract for a school house is largely in excess of the five per centum of the taxable value of the property in the district, and that the purpose of a tax levy for building purposes was to pay the debt so incurred; an objection to such tax should be sustained on application for judgment of sale, whether the levy of the tax was made before or after the contract was executed by the parties. Baltimore <& Ohio Southwestern Mail- road Co. Y. Ihe People, 195-423. 23. If a tax levied for interest and principal on bonds has been paid, and no objection to such tax was made on application for judgment of sale in- volving other taxes which were objected to, it is error for the court to dis- allow such tax. Ibid. 24. The appropriation of money derived from taxation by a school district^ to the construction of a railroad, is not for a corporate purpose. Neither school districts nor trustees of schools have any special interest in the object to be accomplished, and in granting aid of this character, the principal must ever be regarded that the particular interests to be benefitted, or those of a similar kind, must be under the control of the authorities which impose the tax. Ibid. 25. A tax to enable a school district to pay its proportionate share of a school building is a tax for building and not for educational purposes. School Irustees v. School Directors, 190-390. 26. If the appropriation ordinance and the ordinance levying the tax for school purposes each provide for specific sums of money under two separate headings, one for new buildings and sites and the other for educational pur- poses, it is not necessary that the ordinances should separate into items the amounts required for new buildings and tor sites, nor specify the items for educational purposes. Koelling v. 2he People, 196-353. 27. By virtue of this statute any city or school district is authorized to establish and support free schools, and for such purpose may levy a tax for educational and building porposes, and the statute having provided for a tax levy for such purposes, and the appropriation and tax levy ordinances each having substantially specified the purposes for which the school tax in ques- tion was to be used, such ordinances are sufficiently definite in that particular. Otis V. Ihe People, 196-542. 28. A levy of two and one-half per centum for building purposes is valid if the amount which such levy should raise does not exceed the amount to which the district may lawfully become indebted, even though the contract for the school building attempts to create an indebtedness beyond the con- stitutional limit. Wabash Railroad Co. v. Ihe People, 202-9. § 2. The directors of each district shall ascertain, as near as prac- ticable, annually, how much money must be raised by special tax for school purposes during the ensuing year, which amount shall be cer- tified and returned to the township treasurer on or before the first Tuesday in August annually. The certificate of the directors may be in the following form, viz: We hereby certify that we require the sum of dollars, to be levied as a special tax for school purposes, and dollars for build- ing purposes, on the taxable property of our district, for the year A. D., 107 Given under our hands this day of A. D A. B. , 1 Directors district No township I C. D. , J- No range No county E.F.J of State of Illinois. 1. The tax certificate which the school directors are empowered to make is the basis of. all school taxes. Such certificates are jurisdictional, and any tax extended for school purposes where no such certificate has been returned by the directors as required by statute, is without authority of law. and is therefore null and void. Weber v. Ohio dt Mississippi Railway Co., 108-451; Chicago & Alton Railway Co. v. Ihe People, 163-616. 2. A certificate of levy made by a board of directors or board of education has no le^al force or effect until filed with the county clerk. Weber v. Ohio <& Mississippi Raihvay Co., 108 451; People v. Smith, 149 549. 3. The certificate which the board of education is empowered to make by the school law, is the only basis for the imposition of special taxes for school purposes. In a sense such certificates are jurisdictional, and any tax ex- tended for school purposes where no such certificate has been returned as required bv the statute, is without authority of law and null and void. Peo- V. Smith, 149-549. 4. It is manifest, from the provisions of the statute, that the certificate required is the official authority to the county clerk to compute and extend the tax, and that without it any extension of a tax for that purpose upon the property of the district would be unauthorized by law. Ibid. 5. The board of education in school districts organized under this act is, in respect of the levy of special taxes for school purposes, vested with the same power, and no greater, than school directors are vested with, and must proceed in the manner therein directed. Making the certificate is an official act, which they must exercise as they are required to exercise other duties imposed upon them by law. Ibid. _ 6. The Supreme Court has frequently held that irregularities, informali- ties, omissions and defective acts of officers in the assessment, levy or collec- tion of taxes, not affecting the substantial justice of the tax itself, will not vitiate the levy, and that the court, in its discretion, may correct the pro- ceedings, supply the defects therein and make them conform to law, or per- mit the same to be done, in the presence of the court, by the officer through whose neglect or default the same was occasioned. Ibid. 7. Boards of education can act only when convened in session as a board, and less than a majority of the board are incapable of transacting the corpo- rate business. Where three members of a board of education met and signed a certificate of tax levy as school directors, it must be held that the act of the three persons styling themselves school directors was absolutely void, and conferred no posver on the county clerk to extend the tax. Ibid. 8. A certificate by a board of school directors, that a certain amount is re- quired for school purposes, and a certain other amount for heating and repairing purposes, is insufficient to authorize a tax levy for building pur- poses under the school law. Chicago <& Alton Railroad Co. v. Ihe People., 163-616. 9. The words heating and repairing purposes in a certificate of school di- rectors include such necessary incidental expenses as are embraced within the meaning of the term educational and school purposes, as used in the law, and not building purposes for which an additional tax may be levied. * * * Such educational and school purposes are those for which annual expendi- tures are or may be necessary. Ibid. 10. It was evidently the intention of the Legislature, that the purposes, for which the money is required, should be separately specified as school purposes and as building purposes, so that the county clerk can compute and 108 extend the taxes for each of such purposes within the limits authorised by the law, abating any excess beyond such limits before extending the tax. Ibid. 11. The meaning of the provision, that the certificate may be in the speci- fied form is, that it shall be in such form. Where a statute directs the doing of a thing for the sake of justice or the public good, the word, may, is the same as the word, shall, and imports a duty equally as imperative. Ihid. Cooley on Taxation, chapter 9, page 214. 12. A certificate of levy for school taxes, signed by the president and sec- retary of the board of education, may be amended in open court, on applica- tion for judgment of sale, by permitting the other members of the board to sign the same, where it is shown they were present in their official capacity, at the regular meeting of the board when the certificate was made out, that they assented to the making thereof, and were willing to sign the certificate but did not do so because they thought it unnecessary. Chicago <& North- western Railway Co. v. I he People, 183-247. 13. The amendment of a certificate of levy for school purposes on appli- cation for judgment of sale, relates back to the time of signing the certificate and validates the levy, where the defect amended was occasioned by the omission of members of the board of education to perform their official duty by signing the certificate, although present when it was authorized and made out. Ibid. 14. A certificate of levy for school purposes made by the president pro tern of the board of education the next day after a meeting of the board at which the levy was voted but no certificate of levy was made or authorized, cannot be amended upon application for judgment of sale, by permitticg the other members of the board to sign it, even though they testify that they would have signed it had thpy supposed it necessary. People v. Chicago d; Northwestern Railway Co., 183-311. 15. A valid certificate of school tax levy by the school directors, or by the board of education in districts where such board has succeeded the directors, is essential to the validity of the tax. Chicago & Alton Railroad Company v. Ihe People, 171-544; People v. Smith, 149-549. 16. A certificate of school tax levy signed by two persons as directors of the district may be amended, on application for judgment of sale for the de- linquent tax, by changing the word directors to board of education, and by designating the parties signing, as president and secretary respectively. Ibid. 17. Amending a certificate of school tax levy signed by two persons as directors, to read as signed by them as president and secretary of the board of education, does not operate to vitalize the tax, where there is nothing in the certificate or in the evidence to show that it was the certificate of the board of education, which consisted of six members and a president, or was auth- orized by it. Ibid. 18. A tax for school purposes is not invalidated by failure of the mem- bers of the board of education present at the meeting at which it was voted, to sign the certificate, where they are present at the hearing of the county court, and state that they would have signed it had they known that it was necessary, and the court thereupon permits the certificate to be amended and signed. Spring Valley Coal Co. v. 2 he People, 157-543. People v. Smith, 149-549, distinguished, 19. Equity will not restrain a tax levied by officers, either de jure or de facto, where the power to levy a tax is an incident to their office, and mere irregu- larities and informalities in its levy or collection will not be inquired into by a court of equity, but the parties supposing themselves to be aggrieved will be left to seek their remedy at law. Merritt v. Farris, 22-303. 20. The cases are rare, even where the tax had been levied by persons having no pretense of legal authority to make such a levy, or in eases where the tax was not authorized by law, or where the warrant for its collection was void, that courts have interposed to stay its collection. Blunson v. Minor, 22-594; Mets v. Anderson, 23-463. 109 21. No rule is more familiar than that courts of equity will not interpose to efive relief, in cases where the party has a full and complete remedy at law, unless it be where the jurisdiction is concurrent. It courts of equity were to entertain jurisdiction, and enjoin the collection of taxes, in all cases in which mere informalities and irregularities have occurred in their assess- ment and levy, it would lead to great delay in tbeir collection, and tend seriously to embarrass every department of government, and would render the operation of the school system very precarious. Ibid. 22. It may be stated, as a general rule, that courts of equity will not in- terfere to restrain the collection of taxes imposed by the officers having in charge the execution of the school laws, but parties aggrieved will be remitted to the tribunals of the law authorized to enforce and collect the same, where generally an adequate remedy is to be found. This general rule has ad- mitted exceptions in cases where taxes are sought to be imposed without authority of law. In the absence of fraud on the part of the public authority in assessing the property or levying the tax, there must be a defect, under the law, to levy the particular tax, either because there is no authority for its levy or because the property is exempt; or where there is no power in bodies seeking to impose the tax to levy it; or where there has been a levy in excess of the amount authorized by law; or where the persons or body levying the same had no jurisdiction over the subject matter sought to be taxed. Lawrence v. Iraner, 136-474. 23. It is also the well established rule that when taxes levied for school pur- poses by a body authorized by law to impose them, do not exceed the amount or rate allowed by law, the fact that it may be proposed to divert them to another purpose, even though such purpose be illegal, will not authorize a court of equity to restrain their collection. After the collection of the tax, equity will interpose to prevent its misappropriation. Ibid. 24. A tax levy is not invalid because the certiflcte of levy is made and signed at a meeting of the board of directors assembled without a formal call, where the three members of the board are present and consent to act. The statute provides that the board of directors shall hold regular meetings at such times as they may designate, and special meetings on the call of the president or any two members of the board. It further provides that no official business shall be transacted except at a regular or special meeting. The purpose of the provision in respect to calling special meetings was, to give power to some designated person or persons to call the same, and thereby constitute it a legal meeting, at which a quorum might transact the corporate business. It was not intended to be exclusive, or to vest authority in the board it would not have, if otherwise assembled. Ibid. 25. It is a matter of common knowledge, that formerly persons would call on the directors severally, and procure contracts purporting to bind the dis- trict without the joint or concurrent action of the members constituting the board. To correct this evil, section 19, article 5, was inserted, providing that no business should be transacted except at a regular or special meeting of the board. But the language of this section does not have reference to the particular manner in which special meetings may be called, but as a prohibition of doing business by the members of the board, unless a meeting is assembled. Ibid. 26. It must be apparent that if the three directors met and determined the amount of school tax required, and made the statutory certificate, and deliv- ered the same to the township treasurer, they were exercising an official function, and their joint concurrence and act was the exercise of their corpo- rate power to levy the tax. And although it is alleged that the levy was made by two of the directors, it will be presumed, if necessary to uphold the action of the board, in the absence of averments to the contrary, that the other member of the board was presenent and concurring. Ibid. 27. The directors are required to ascertain, as nearly as practicable, an- nually, how much money must be raised by special tax for school purposes during the ensuing year, which they are required to certify to the township treasmrer on or before the first Tuesday in August, annually. It seems clear 110 that when the certificate is signed by the directors and filed with the treas- urer, it is made the basis for the extension of the tax, and is in itself, in fact, the levy thereof. When it is transmitted to the clerk, he acts, in the exten- sion of the tax and issuing his warrant for its collection, alone on such cer- tificate. Nothing more is necessary,, under the statute, to constitute it, as extended, a valid tax. The making of the certificate, and filing it as re- quired by law by the board of directors, is of itself a determination of the amount necessary to be raised for the purposes therein indicated. Ibid. 28. The determination of the amount to be raised, and the making and the filing of the certificate of levy, are official acts, which alone can be performed by the board of directors acting in their corporate capacity, and the clerk of the board is required to keep a record thereof. Will his failure to do so ren- der the tax void? The officers charged with carrying the levy forward act alone upon the certificate. They do not act upon the record of the board of directors, as made by the-district clerk. The machinery of the law, which is to result in realizing the money required to carry on this governmental pur- pose, is put in motion and vitalized by the certificate thus filed and trans- mitted to the clerk. Ibid. 29. Ordinarily, quasi municipal corgorations speak only by their record; but it is entirely competent for the Legislature to prescribe what is neces- sary to be done by the municipal officers to constitute valid muoicipal acts, and what sball be the evidence of the same, and the Legislature having pre- scribed what shall constitute a valid levy of the tax, and what shall be done to perfect the same and realize the money levied, it must be held that the re- quirement that the clerk shall keep a record of the official acts of the board of directors in resveet of the levy of such tax, is directory, only. The mat- ter of their keeping a record does not go to the question of the power of the looard to levy the tax. The validity of the tax not resting upon the record made by the clerk of the board of directors, a failure to make a record thereof will not render the tax levied in accordance with the law invalid. Ibid. 30. It is clear that in making a levy of school taxes a strict compliance with the statute requires the directors to certify the amount required for each of the two purposes, in dollars and cents, seeing to it that neither amount exceeds the per centum fixed by section 1, supra, and that the county clerk sbould simply add these amounts together, and make his computation according to the agerregate amount so certified. Chicago <& Alton JRailroad Co. V. Ihe People, 155-276, 31. In making their certificates the directors should take into considera- tion the needs of their district alone, and if their estimate should happen to exceed the limited per centum, the result would be that no more than the law- ful per centum could be levied and extended on the tax books, and the excess would have to be abated. It must, therefore, be accepted as the settled con- struction of the statute, that while the directors' certificate is the basis of the levy of a school tax, and essential to the validity of the same, the amount fixed by them, if it exceeds the statutory limit, does not necessarily control the county clerk in extending the tax. Ibid. 32. A certificate of school directors to the township treasurer for the pur- pose of the extension of a school tax, that $2 on each $100 for teaching, and $1.50 on each $100 for building and repairs, on the taxable property of the district, is required for the year, though improper, as not giving the amount of revenue required, states, in effect, how much money must be raised, and will not invalidate the tax to the amount of the per centum allowed by law. Ibid. 33. The statute provides that no error or informality in the proceedings of any of the officers connected with the assessment, levying or collecting of the taxes, not affecting the substantial justice of the tax itself, shall vitiate or in anv manner affect the tax or the assessment thereof. [Revenue act, section 191.] This statute has been liberally construed and repeatedly en- forced by the decisions of the Supreme Court in upholding irregular assess- ■naents and levies ot taxes. Ibid. Ill 34. An objection to a school tax must, under section 191 of the revenue act. specify in writing the particular cause of objection. Ibid. 35. The authority of boards of education to levy a tax for educational pur- poses is limited by the statute to two and one-half per centum on the valua- tion ascertained by the last assessment for State and county taxes. They are also authorized to levy a tax for building purposes, and in such case the limit is two and one-half per centum; but if they make levies for both ob- jects they are required to make a certificate in the form provided by statute, stating therein separately the sum required to be levied for school purposes. This certificate is the basis of all school taxes. It constitutes the levy and the evidence of it, and any tax not based upon a lawful certificate is null and void. St. Louis, Rock Island <& Chicago Railroad Co. v. Ihe People, 177-78. 36. The form of the certificate is mandatory, and if it is for school pur- poses and fails to state that a tax is required to be levied for building pur- poses a levy beyond two and one-half per centum will be void. The purpose of the statute is that the amounts required shall be separately specified, so that the county clerk can extend the tax within the limits provided by law, abating any excess beyond the limitations fixed by the statute. Ibid. 37. The certificate delivered to the treasurer and filed with the county clerk itself constitutes the levy and is the evidence of the exercise of the taxing power by the board. The validity of any tax does not rest upon the record of the board and is not affected by the want of such record. The only act necessary for the levy of the tax is the making and filing of the certifi- cate. The fact that after the certificate was made the record was so changed that it would have authorized the president and secretary of the board to have made a different certificate and levy, could not operate to change the one already made. The change of the record to correspond with the fact, and to correct an error made by the secretary of the board of education in writing it, was proper as a basis for an amendment of the certificate and a new levy. The only guide to the county clerk is the certificate, and his act in extending a tax under it in excess of the amount authorized by law is unlawful. Ibid. 38. Power to make certificate of levy for school taxes can only be exer- cised at a meeting of a board of school directors or board of education, and acts of the members outside of such meeting have no force. Chicago dh Northwestern Railway Co. v. Ihe People, 184-2-10. 39. The certificate being the basis for the imposition of taxes, the power to make it can only be exercised at a meeting of the board. The court may permit an ineffectual attempt to make such certificate at a meeting of the board to be amended, but the court is powerless to permit an amendment of a certificate void ab initio because not made at a meeting of the board. Ibid. 40. A certificate of school tax levy made by one director after a meeting of the board at which a tax was voted but no certificate was made or auth- orized is void, though the other directors gave him permission to sign their names; so, also, is a certificate made by the clerk after the meeting at which the tax was talked over but not voted for, nor any certificate authorized, and sighed by him in his own name and that of one of the directors. Ibid. 41. The making of a certificate of tax levy by school directors and the filing of the same with the township treasurer constitute the levy for school taxes, and the failure of the clerk to keep a record of such official acts does not invalidate the tax. Ibid. 42. A certificate of school tax levy, made after the board meeting at which the amount of tax was agreed upon but no motion was made nor vote taken, which certificate was signed by the directors at their residences at different times, is void. Ibid. 43. A district was under the control of a board of education. At a meet- ing of the board the levy was authorized by a motion carried unanimously. The certificate was made at the meeting, but was signed by only the presi- dent and clerk of the board, under the belief that that was the proper way 112 to do it. They thought a board of education was more important and had different methods from a board of directors, but the others who were present approved of it, and would have signed it if they had supoosed it was neces- sary or that the other method was not the proper one. The court permitted them to amend the certificate upon a hearing, by signing it. The certificate was an official act of the board at a regular meeting, and the court had power to permit it to be put in proper form. Ibid. 44. The General Assembly, in accordance with a well settled canon of con- struction of legislative powers, may act at its discretion, and prescribe such mode for the formation of districts and designate such persons for the levy- ing, collecting and having the custody of school taxes as it alone shall con- sider most conducive to the public interests. Speight v. The People, 87-595. 45. All laws, whether in city charters or elsewhere, designed to affect free schools, may be regarded simply as school laws intended to carry out the mandate of section 1, articles, of the constitution. Although they may re- quire the boundary lines of cities to be adopted as lines for the formation of school districts, and that city officers shall perform the duties of school offi- cers, yet this is for convenience only, and the districts thus formed and the officers thus required to perform duties are to be regarded simply as agencies selected by the State to provide a system of free schools. Ihid, 46. Although the limits of the two corporations (that for strictly city pur- poses and that for the purpose of providing free schools) are the same, their purposes and objects are different, and they are, in fact, separate and dis- tinct corporations. The one has its existence and is limited in the powers it may exercise by its charter proper; the other by the school law. Ihid. 47. There is no limitation in the Constitution as to the agencies the State shall adopt in providing a system of free schools. The General Assembly has full power to select or prescribe the agencies by which school taxes shall be levied, collected, held and disbursed for school purposes, and all laws, whether in city charters or elsewhere, designed to affect free schools, may be regarded as school laws — as part of the law intended to provide a system of free schools. Fuller v. Heath, 89 296. 48. Where an appeal is taken from a judgment against lands for delin- quent taxes, and it is shown that the levy for educational purposes was in excess of the statutory limitation, it is held that the judgment was erroneous to the extent of the amount illegally assessed, for which judgment was ren- dered. Ihatcher v. Ihe People, 93 240. 49. Where a school district is governed by a board of education instead of a board of directors, and the proper officers levied the school taxes in that district, the mere fact that in signing the certificate required they attached the word directors to their names will not invalidate the school tax levied for their district. Cairo, Vincennes S Chicago Railway Co. v. Mathews, 152 153. 50. A levy for building purposes, within the statutory limit, to make up the difference between the cost of a school building and the amount realized from the sale of bonds, is valid, where the election at which the erection. of the building was authorized did not limit the cost to the amount of the bonds voted nor specify the purpose for which the bonds were to be issued. People V. Chicago <& Northwestern Railway Co., 186-139. 51. The fact that a eertifiuate of school tax levy was not prepared and signed by the president and clerk of the board of education until the day after the meeting of the board does not prevent its being amended by chang- ing the date and allowing the members of the board to sign their names, where the resolution adopted at the meeting fixed amount of the tax, and directed it should be certified and returned to the township treasurer, as required by law. Indiana, Decatur & Western Railway Co. v. The People, 201-351. § 3. It shall be the duty of the township treasurer to return the certificate mentioned in the foregoing section to the county clerk, on or before the second Monday of August, and whenever the bounda- 113 ries of the districts of the townships shall have been changed, th© township treasurer shall return to the county clerk, with the certifi- cates, a map of the township, showing such changes, and certified as required by the provisions of this act. § 4. When a district lies partly in two or more counties, the di- rectors thereof shall ascertain as near as practicable the amount to be raised by special tax for school purposes, and shall prepare one certificate thereof for each county in which such district may lie, and deliver all of the said certificates to the township treasurer, who re- ceives the tax money of such district, who shall return one each of such certificates to the county clerk of such county within which such district shall lie. On the first Monday of October, or as soon there- after as may be practicable, annually, the county clerk of each of such counties shall ascertain the total equalized valuation of all the taxable property in that part of such district as shall lie in his county, and certify the amount thereof to the county clerk of each of the other counties in which such district may lie; and from the aggre- gate of such equalized valuation and from the certificate of the amount so required to be levied, such clerk shall ascertain the rate per cent, required to produce in such district the amount of such levy, and at that rate shall extend the special tax to be levied for school purposes in that part of such district lying in their respective coun- ties. (As amended by an act approved June 17, 1891.) § 5. According to the amount certified, as aforesaid, the county clerk, when making out the tax books for the collector, shall compute each taxable person's tax, in said district, upon the total amount of taxable property, as equalized by the State Board of Equalization for that year, lying and being in said district, whether belonging to resi- dents or non-residents, and also each and every tract of land assessed by the assessor, which lies or the largest part of which lies, in said district. The said county clerk shall cause each person's tax, so computed, to be set upon the tax book to be delivered to the collector for that year, in a separate column, against each taxpayer's name or parcel of taxable property, as it appears in said collectors books, to be collected in the same manner and at the same time and by the same person as State and county taxes are collected. § 6. It shall be the duty of assessors, when making assessments of personal property, to designate the number of the school district in which such person so assessed resides; which designation shall be made by writing the number of such district opposite each person's assessment of personal property, in a column provided for that pur- pose, in the assessment roll returned by the assessor to the county clerk. 1. With certain qualifications, personal property follows the residence of the owner, and is there taxable. This is so where the personal property is not permanently located in another place. If it be, then it may be taxed where it is thus permanently located. Mills v. Ihomton, 26-300; Kino v. McDrew, 31-418. — 8S 114 2. A party who complains of a school tax as levied in a certain district, must show that the property was not taxable in such district. Ibid. § 7. It shall be the duty of the county clerk to copy said num- bers of school districts, so returned by the assessor, in the collector's book and to extend the school tax on each person's assessment of personal property, according to the rate required by the amount designated by the directors of the school district in which such per- son resides. The computations of each person's tax and- the levy made by the clerk, as aforesaid, shall be final and conclusive: Pro- vided, the rate shall be uniform and shall not exceed that required by the amount certified by the board of directors. 1. Where the amount of school taxes, as extended by the county clerk, is in excess of the amount exhibited in the certificate of levy, an objector must show that some portion of this excess, if it in fact exists, was charged against his property. Ihatchery. Ihe People, 79-597. 2. Even if a slight excess was equally distributed on each tract, that could not be held to substantially affect the justice of such taxes. It would be un- heard of to hold a trifle to be substantially unjust and requiring the defeat of the collection of the revenue of the schools. Ibid. § 8. The county clerk before delivering the tax book to the col- lector, shall make out and send by mail, to each township treasurer in the county, a certificate of the amount due each district or fraction of a district in his township, of said taxes so levied and placed upon the tax books. § 9. On or before the first day of April next, after the delivery of the tax books containing the computation and levy of the said taxes, or so soon thereafter as the township treasurer shall present the said certificate of the amount of the said tax, and make a, demand thejefor, the said collector shall pay to said township treasurer the full amount of said tax so certified by the county clerk, or in case any part thereof remains uncollected, said collector shall, in addi- tion to the amount collected, deliver to said township treasurer a statement of the uncollected taxes for each district of said township, taking of the township treasurer his receipt therefor, which receipt shall be evidence as well in favor of the collector as against the town- ship treasurer. The said treasurer shall enter the amount collected in his books under the proper heads and pay the same out as pro- vided for by this act. 1, School directors are required to ascertain as nearly as practicable, an- nually, how much money must be raised by special tax for school purposes during the ensuing year, which amount shall be certified and returned to the township treasurer. But since the collector is allowed a commission of two per centum, it follows that the directors should add this amount to the amount they desire to produce to the treasury of the district, the whole con- stituting the true amount that must be raised for school purposes. People v. Wiltshire, 92-260. 2. The statute very plainly prescribes the duty of the collector. The path marked out must be pursued by him. Failing in this, there is necessarily a breach of his bond, and his sureties must respond. ***** a strict compliance with the law must be required of all officials. Sureties must un- derstand this, and they must know, if their principals are derelict they may be made to suffer. People v. Teasel, 84-539. 115 § 10. When a district is composed of parts of two or more town- •hips, the directors shall determine and inform the collectors of said township, and the collector or collectors of the county or counties in which said townships lie, in writing, under their hands as directors, which of the treasurers of the townships, from which their district is formed, shall demand and receive the tax money collected by the said collectors as aforesaid. § 11. If any collector shall fail to pay the amount of said tax, or any part thereof as required by the provisions of section nine (9) of this article, of this act, it shall be competent of the township treas- urer, or other authorized person, to proceed against said collector and his securities in an action of debt upon his official bond in any court of competent jurisdiction. And the said collector so in default shall pay 12 per centum upon the amount due, to be assessed as damages, which shall be included in the judgment rendered against him: Provided, no collector shall be liable for such part of said tax as he shall be able to make appear that he could not have collected by law, until he has collected or may be able to so collect such amount. 1. It is the duty of the collector to pay over the district school taxes col- lected to the township treasurer. The statute provides that, on failure of the collector to pay such taxes to the treasurer on demand, it shall be competent for the treasurer or any authorized person to proceed against the collector and his sureties. Yet, it does not follow that the suit on the collector's bond must be brought for the use of the township treasurer. The statute is silent as to the person for who?e use the action is to be brought in such case. lappan v. Ihe People, 62 339. 2. The recovery would be in trust for the several school districts wherein the taxes were levied. The avails of a recovery for the use of the trustees of schools would be paid into the hands of the township treasuer, to be by him held for the school districts, and to be paid out on the order of their boards of school directors. Ibid. 3. The presentation of the certificate is not material in order to the paying over of the taxes by the collector. Neither is it an essential prerequisite to a right of action on the bond for taxes collected. The only purpose of pre- senting the certificate would seem to be, to acquaint the collector with the amount of district school taxes due the school district in the townships. After the time limited by the statute for their payment by him, the collector should pay over these taxes which he has collected to the to\ynship treasurer on demand. Ibid. 4. In order to recover the 12 per centum on the amount due, the certificate should be presented. This percentage is in the nature of a penalty, and the statute, in respect to that, is to receive a strict construction. There is no duty on the part of the collector to pay this penalty, except as it has accrued by the very terms of the statute. Ibid. 5. Without an averment of the presentation of this certificate, a declara- tion is defective in making out a title to this penalty, and for the want of such averment, a demurrer to the assignment of breach for the nonpayment of 12 per centum of the amount of the taxes due, should be sustained. Ibid. 6. Although the language of the section is that the collector, so in de- fault, shall pay 12 per centum of the amount due, to be assessed as damages, which shall be included in the judgment rendered against him, it was not in- tended that, in a joint action against the collector and his sureties, there should be a joint judgpaent against them all for the taxes collected, and a separate judgment against the collector alone for this percentage. That would be in violation of the rule that, in a joint action on a contract, there can be but one judgment, and that against all the defendants. Ibid. 116 7. As to the judgment for an aggregate sum, without specifying the amounts due the respective districts, that would seem to be a matter in which only the township treasurer and the school districts are interested. Had the taxes been paid over to the township treasurer on demand, they could have been received as an aggregate sum. Ibid. § 12. It is hereby made the duty of the proper oflSoers in prepar- ing blank books and notices for the use of assessors to provide columns and blanks for the use of assessors, so that they may desig- nate the number of the school district, as provided for in section six (6) of this act. § 13. A failure by the directors to file their certificates, or of the township treasurer to return the same to the county clerk in the time required by this act, shall not vitiate the assessment, but the same shall be as legal and valid as if completed in the time required by law. 1. A failure of the school directors to make return of the amount to be levied within the time required, does not invalidate the tax; a failure to com- ply with the statute in this regard is a mere irregularity. Buck v. Ihe Peo- ple, 78-560; Moore v. Fessenden, 88-422. Article IX. BONDS. Section 1. For the purpose of building school houses or pur- chasing school sites, or for repairing and improving the same, the directors of any school district, when authorized by a majority of all the votes cast at an election called for that purpose, may borrow money, issuing bonds signed by not less than two members of said board of directors, in sums of not less than $100, and bearing inter- est at a rate not exceeding 7 per centum per annum: Provided, that the sum borrowed in any one year shall not exceed 5 per cent (in- cluding existing indebtedness) of the taxable property of the district, to be ascertained by the last assessment for State and county taxes previous to the incurring of such indebtedness. (As amended by an act approved April 24, 1899.) 1. The power given by the statute to borrow money for the purpose of building school houses or purchasing school sites, embraces, no doubt, the power to purchase a school site having already a school house thereon. Peo- ple V. Sisson, 98-335. 2. The power to borrow money for the purpose of building school houses or purchasing school sites, admits the giving of these bonds in exchange for the school property. The end accomplished is the same, whether the bonds be first sold and their proceeds be paid for the property, or the bonds them- selves be given directly for it. The suggestion that property may be bought at better advantage with cash than with bonds can not be judicially recog- nized as of sufficient force as not to allow the giving of the bonds directly in payment for the purchase of the lots. Ibid. 3. It would seem to be too plain for controversy, that under this statute the school directors, in the absence of a vote of the people authorizing it, have no authority whatever to borrow money or issue bonds. The power to do this is granted only when the popular vote authorizes it. If a bond is issued without such a vote, it is a case, not of the defective execution of a power, but an entire absence of it. Board of Education v. 2 aft, 7A-571. 117 4. The Supreme Court holds that the recitals of the officers who are in- vested-with the ministerial duty of issuing: municipal bonds as to the legality of the election authorizing their issue, and the existence of the facts necessary to their validity, will not render such bonds, when issued without authority of law, valid in the hands of even a bona fide holder, so as to estop the mu- nicipality from calling in question the authority of the officers to issue them. Ibid. 5. There is undoubtedly a distinction to be drawn between the case of bonds issued by a town and those issued by a board of school directors, since, in the former case, the town officers do not represent the corporate authority of the town, while the school directors are themselves constituted by law the corporation, and, as such, are the tribunal vested with the power to decide whether the conditions upon which the bonds may issue have been complied with. Ibid. 6. School directors, when authorized by a vote of the people of the dis- trict, have power to borrow money for certain enumerated purposes, and to issue bonds to secure the same: Provided, that the sum borrowed in any one year shall not exceed 5 per centum of the taxable property of the district, including existing indebtedness, to be ascertained by the last assessment pre- vious to incurring such indebtedness. This is all the authority given direc- tors in the matter of borrowing money, and it would appear to be a limita- tion upon their action in issuing bonds to sums of money actually received. No authority is given to issue bonds and place them on the market to be sold for what they may bring, or for anything less than their par value. Adams V. State of Illinois, 82-132. 7. The law of 1865 authorizes school directors, upon a vote of the people, to borrow money for certain purposes and issue bonds therefor. It does not authorize them to issue promissory notes. The court is not disposed to en- large, by construction or implication, the power of these officers to contract debts. The law seeks carefully to guard the school fund from wasteful ex- penditure, and it is the duty of the court to construe its provisions in the spirit of their enactment. School Directors v. Sippy, 54-287. 8. In an action against school directors in their corporate capacity, brought on a promissory note, the declaration should show an indebtedness con- tracted in the manner and for the purpose authorized by the statute, and ou trial proof should be made of these facts. The note would be admissable in evidence as tending to show the amount of money loaned, but does not, of itself, prove a liability. Ibid. In this connection see School Directors v. lay- tor, 54-289. 9. Power to borrow money carries with it, at common law, the power to give evidence of the loan — usually carries with it the power to execute prom- issory notes and simple contracts incident to the loan; but mere power to borrow money does not carry with it as an incident the power to execute a bond, or an instrument under seal. These words, therefore, authorizing the school directors to execute bonds for borrowed money, instead of being used as a limitation of the power and a declaration that they were incapable of borrowing money unless a bond be given, when properly construed are an enlargement of the power, authorizing the directors, not only to give those assurances which are necessarily incident to the power of borrowing money, but to go further and execute a higher grade of securities — to execute bonds under seal by which the directors might be bound. Folsom v. School Di- rectors, 91-402. 10. Where bonds are issued, negotiated in the market and recite among other things that they were issued in pursuance of, and under the sanction of a vote at an election legally held, and the bonds coming into the hands of innocent holders, the presumption must be indulged that they are legal, until that presumption is overcome by clear and satisfactory evidence. In such a case the burthen of proof is on the school district to overcome that presump- tion. In a proceeding h^ mandamus to compel the district to issue bonds, the burthen would be on the other side. Lemont v. Singer <& lalcot Stone Co., 98-94. 118 11. That authority was voted to issue bonds may be shown by oral testi- mony. It would be wholly unreasonable and unjust to permit the people of a school district to vote to borrow money, issue bonds and obtain the money used in the erection of a school building, which is used and enjoyed by the people of the district, and then permit them to escape its payment, simply by the destruction of the records kept by their officers, either by accident or design. Tbid. 12 To adopt a rule that would produce such injustice could never be tol- erated by a court of justice. To so hold would be to say, you may legally borrow money, execute the bonds of the district to evidence the indebtedness, obtain and enjoy the school building, but you may escape its payment by de- stroying the record evidence made by your own officers and in their custody. Such is not, nor can it be the rule. Ibid. 13. When bonds of a school district, negotiated in the market to raise money to build a school house, recite that they have been issued in pursuance of a vote of the district legally had, and they are in the hands of innocent holders, it must be presumed that they are legal, and that their issue was authorized by a legal vote, until the contrary is shown by clear and satis- factory evidence. Accordingly, in a suit to enjoin the collection of a tax to pay such bonds, in the hands of innocent purchasers, the burden of proof is on the district to overcome the presumption of the legality of the bonds. Board of Education v. laft, 7A-571. Bolton v. Board of Education, lA-193, overruled. 14. There is no provision of the statute making the record of the vote of the people of a school district on the question of borrowing money, the only primary evidence of a vote on that question, or its result. While it is of the utmost importance that an accurate record should be preserved of proceed- ings of this character, they are not unsuspectible of proof in other ways. Corporations may, and usually do, keep a record of their proceedings, but it is not always necessary to their validity that they should do so. Tbid. Bart- lett V. Board of Education, 59-364. 15. The law seems to be that a vendor of forged bonds is liable for the amounts paid by the vendee in a fraudulent sale of such securities. Cole v. National School Funishing Co.. 43A-473. In this connection see Cole v. National School Furnishing Co., 30 A- 156. 16. Bonds given by the board of education of a school district to obtain money which was not borrowed or used for any purpose for which the board was authorized, by its charter, to borrow money or issue bonds, are v^oid. Board of Education v. Blodgett, 155-441. 17. A school district or municipal corporation has the same constiutional protection that a natural person would have against the abrogation, by stat- ute, of its already complete defense under the statute of limitations. Ibid. 18. In almost all of the states of the Union in which the question has arisen, it has been held that the right to set up the bar of a statute of limita- tions as a defense to a cause of action, after the statute has run, is a vested right, and cannot be taken away by legislation, either by a repeal of the statute without saving clause or by affirmative act. The act approved June 17, 1893, to amend the statute in regard to the limitation, is unconstitutional and void. Ibid. 19. An indebtedness created by a contract for a school building is valid to the amount within the constitutional limit, even though the directors have attempted by the contract to create an indebtedness greater than the district could lawfully incur. Wabash Railroad Co. v, Ihe People, 202-9. 20. The assesnient to be resorted to in ascertaining the extent to which a school district may lawfully become indebted is the last preceding assessment which has been completed by the final action of the board of equalization. Ibid. 21. School directors having money in the treasury of their district which may lawfully be applied to the matter of building a school house may devote such money to that purpose, and the district may, in addition thereto, be- 119 •ome lawfully bound to pay an additional sum if the indebtedness of the dis- trict is not, by the agreement to pay such additional sum, increased to aa •mount exceeding five per centum of the valuation of the taxable property •f the district. Tbid. § 2, All bonds authorized to be issued by virtue of the foregoing section before being so issued, negotiated and sold, shall be regis- tered, numbered and countersigned by the school treasurer of the township wherein the school house of such district is, or is to be located. Such register shall be made in a " bond register" book to b© kept for that purpose; and in this register shall first be entered the record of the election authorizing the directors to borrow money, and then a description of the bonds issued by virtue of such authority as to number, date, to whom issued, amount, rate of interest and when due. § 3. All moneys borrowed under the authority granted by this article of this act, shall be paid into the school treasury of the town- ship wherein the bonds issued therefor are required to be registered; and, upon receiving such moneys, the treasurer shall deliver th« bond or bonds issued therefor to the parties entitled to receive th« same; and shall credit the funds received to the district issuing the bonds. The treasurer of said township shall enter in the said "bond register" the exact amount received for each and every bond issued. And when any such bonds are paid, the said township treasurer shall cancel the same and shall enter in the said "bond register," against the record of such bonds, the words "paid and cancelled the day of ,A. D " filling the blanks with the day, month and year corresponding with the date of such payment. 1. The duties of school directors are derived exclusively from the statute, are specifically defined, and if they exercise powers and functions not con- ferred upon them, the statute has made them responsible for all losses that may ensue. They may borrow money for enumerated purposes, on terms prescribed, and when obtained, it is their duty to pay it over to the treasurer, who is the only proper custodian. Should they place it in the hands of any •ne else, it is at their own risk. Adams v. State oj Illinois, 82-132. • 2. Where promissory notes are issued by school directors for the purchase ©f a site, without a vote authorizing the same, as against the district, the holder of such notes is without remedy. But the notes being signed in the individual names of the directors, a remedy exists at law against them as in- dividuals, and a complainant should resort to that mode for redress. It may be the school district would be liable over to the persons who signed the notes, on their showing that the avails were appropriated to the legitimate school purposes of the district. School Directors v. Miller, 54-338. 3. A bond when issued for an unauthorized purpose is undeniably void. A person taking bonds of a school district has access to the records of the board governing the same, and it is his duty to see that such instruments are issued in pursuance of authority, and when issued without power, they must be held void in whosesoever hands they may be found. Hewett v. Nomal School District, 94-528.- 4. Bonds made payable to one of the members of the board having charge and management of a school district are void. Such members are virtually trustees of the fund, and as such, are incapable of dealing with the fund at ]iurchasers or donees. Ibid. 120 5. Where bonds are issued by a board of education, and a portion of them sold to members of the board, such portion is void, and a tax cannot be legrally levied to pay interest thereon; neither can any interest be due on such bonds in the hands of such holders. A member of aboard of education has no power to purchase such bonds for himself or for the board of which he is a member, and a tax levied to meet the interest thereon may be enjoined. Ibid. 6. Corporations created for public convenience only, are not required to seek their creditors to discharge their indebtedness, but when payment is desired, the demand should be at their treasury. That is the only place, at which payment can be legally insisted upon, and it is the only place, where the treasurer can legally have the public funds with which he is entrusted. In the absence of legislative authority, they have no power to make their indebtednpss payable at any other place, than at their treasury. People v. lazewell County, 22-147. 7. Corporations cannot bind themselves to pay their indebtedness to any other place than at their treasury, unless specially authorized by legislative enactment. Their debts are payable at their treasury only. City of Pekin V. Reynolds, 31-529. 8. The objection that bonds are illegally made payable at a bank in Chi- cago, does not invalidate them. The agreement to pay at that place is void, but the balance of the coupons and bonds are not rendered invalid for that reason. In paying interest the treasurer should not obey that agreement in the bond, but pay it at the treasury. Sherlock v. Village oj Winetka, 68-530. § 4. Whenever it is desired to hold an election for the purpose of borrowing money, as provided for in this article of this act, the di- rectors of the district in which such election is to be held shall give at least ten days' notice of the holding of such election, by posting notices in at least three of the most public places in such district. Such notices shall specify the place where such election is to be held, the time of opening and closing the polls, and the question or prop- osition to be voted upon, which notice may be substantially in the following form, viz.: NOTICE OF ELECTION. Public notice is hereby given that on day of A. D an election will be held at school district No , in township No , range No of the principal meridian in county, Illinois, for the purpose of voting "For" or "Against" the proposition to issue the bonds of said school district No to the amount of dollars due (here insert the times of pavment, giving the amount falling due in each year, if the bonds mature at different days), which bonds are to bear interest at the rate ot per cent per annum, payable annually. The polls of said election will be opened at o'clock M., and will re- main open until o'clock M. Dated this day of A. D . . . A. B., C. D., E. F., Directors. 1. Where a levy is made for building purposes, a special election having been held purporting to authorize the issuing of bonds for such purposes, and the notice of such election did not contain any statement or information that the question of issuing bonds for building a school house, or for any purpose, would be voted on at such election, such levy based on such pre- 121 tended election would be void, and all orders drawn on the township treas- urer in payment for building the same would be void even in the hands of assignees. Ihatcher v. 2he People, 93-240. 2. Where the notices of an election under which bonds were issued did not, as required by statute, specify the questions upon which the voters of the district were required to vote, the election, and all proceedings under it, are void. A notice specifying a time and place of meeting, stating the ob- ject of it to be the establishment of a school in the district, and to provide means to pay for the same, but containing nothing relating to issuing bonds, is not in compliance with the statute. Ihatcher v. Ihe People, 98-632. 3. Where one was present and participated in the proceedings of a meet- ing or election held pursuant to improper notices, and which authorized the raising of money for which bonds were issued, the money having been thus obtained, in part, through his own instrumentality, and the district to which he belonged having had the benefit of it, under these circumstances he is estopped from questioning the regularity or validity of what was done under the authority of those proceedings. Ibid. § 5. At such election two of the directors of such district shall act as judges and one of said directors shall act as clerk. In case either or any of said directors shall fail, from any cause, to be pres- ent or to act at such election, at the time of opeaing the polls thereof, the legal voters assembled shall choose, from their number, persons to act as such two judges, and a clerk of said election. The said judges and the said clerk shall take and subscribe the oath required of judges and clerks of an election held for State and county officers, and such oath may be administered in the same manner as is or may be provided by law for administering the oath to judges and clerks at a State or county election. At such election all votes shall be by ballot. In districts which have adopted the provisions of "An act regulating the holding of elections, and declaring the result thereof in cities, villages and incorporated towns in this State" approved June 19, 1885, the said election shall be held under the provisions of said act. 1. From the provisions of the statute it is apparent for what purpose and under what circumstances the directors of the school districts may issue bonds, borrow money and incur a valid liability against the district they rep- resent. It is only for the specified objects of building school houses or pur- chasing school sites, or repairing or improving the same, that this power can be exercised at all, and then only by the consent and direction of the legal voters, formally expressed, at an election for that purpose, called and con- ducted by the directors, as required by the statute. Bolton v. Board of Edu- cation, lA-193. 2. From the foregoing statute it is obvious that the right to issue the bonds by the directors is made dependent upon the vote of the people of the district whether they should borrow money for the purpose therein expressed, and the first question is, how is it to be ascertained, whether these conditions have been complied with; whether there has been any election held for such purpose as required by law; and if so, whether a majority of the votes cast at such election were in favor of the issue of bonds. Ibid. 3. These are questions which must be settled and determined by the ofl&cers who by the law are required to perform these acts, and to whose J'udgment and determination they are submitted by law. It is important to :now when these facts are to be ascertained, whether before or at the time of their issue, or after, and whether they must be ascertained every time payment is demanded either of principle or interest on such bonds. It is plain that the Legislature intended to vest the power to determine these -122 questions somewhere, and authorized somebody to settle and determine them, and when once determined, to be a final determination of the question as t» all bona fide purchases for value. Ibid. 4. The only persons spoken of in the act as having: anything to do in post- ing the reqired notices and conducting the election, are the directors of the district, two of whom are required to act as judges, and one as clerk of said election. . Thus it will be seen that any official authentication of said election and the result thereof, must be under the hands of the directors. Ibid. § 6. Within ten days after every such election, the judges shall cause the poll- book to be returned to the township treasurer, who it required to register such bonds, with a certificate thereon showing the result of such election, which poll-book shall be filed and safely kept by the^aid township treasurer, and shall be evidence of such election. For a failure to return such poll- book to such treasurer within the time prescribed, the judges of said election shall severally be liable to a penalty of not less than twenty-five (25) dollars nor more than one hundred (100) dollars, to be recovered in a suit in th« name of the People of the State of Illinois, before any justice of th« peace, and, when collected, shall be added to the township school fund of the township in which said treasurer resides. § 7. . In all cases where any school district has heretofore issued or may hereafter issue bonds, or other evidences of indebtedness, for money on account of any public school building or other public im- provement, or for any other purposes which are now binding and subsisting legal obligations against said school district, and remain- ing outstanding, and which are properly authorized by law, the proper authorities of such school district may, upon the surrender of any such bonds or other evidences of indebtedness, or any num- ber thereof, issue in place or in lieu thereof, or to take up the same, to the holders or owners of the same, or to other persons for money with which to take up the same, new bonds or other evidences of in- debtedness, in such form, for such amount, upon such time, not ex- ceeding the term of 20 years, and drawing such rate of interest not exceeding 7 per centum per annum, as maybe determined upon; and such new bonds or other evidences of indebtedness so issued shall show, on their face, that they are issued under this act: Provided, that the issue of such new bonds in lieu of such indebtedness shall first be authorized by a vote of the legal voters of such school district voting at an election called and conducted as other elections provided for by this article of this act: And provided, further, that such bonds or other evidences of indebtedness shall not be issued so as to increase the aggregate indebtedness of such school district beyond 5 per centum on the value of the taxable property therein, to b» ascertained by the last assessment for State and county taxes prior to the issuing of such bonds or other evidences of indebtedness. (A» amended by an act approved April 24, 1899.) 123 Article X. COUNTY CLERK. Section 1. In all oases where, by any provision of laws, the re- turns of any election for school trustees are made to the county •lerk of any county, it shall be the duty of the county clerk, within ten days after such returns have been made to him as aforesaid, to furnish to the county superintendent of schools a list of all such trustees so returned to him, and the township from which the same have been so returned. § 2, Whenever any change shall be made in the boundaries of any school district, and a written statement or record of such change ■hall be delivered to the county clerk of such county, it shall be th© duty of said county clerk to file such statement or record and all papers relating thereto and duly record the same in the records of his office; and in case of a neglect or failure to do so the said county •lerk shall be liable to a penalty of twenty- five (25) dollars, to be recovered by an action of debt before any justice of the peace, at the suit of the county superintendent, for the benefit of the school fund of the said county. § 3. Whenever any school district lies partly in two or more counties, it shall be the duty of the county clerk of each county in which any part of such district lies to furnish, upon request, to th© directors of such district a certificate showing the last ascertained equalized value of the taxable property in that part of such district lying in such county. § 4, It shall be the duty of the county clerk to furnish to the di- rectors of any school district, or to the board of education in dis- tricts having a board of education, upon request, a certificate show- ing the last ascertained equalized value of the taxable property of such district, as the same appears of record in his office. § 5. It shall be the duty of the county clerk, when making out the tax books for the collector, to compute each taxable person's tax in each school district, upon the total amount of taxable property, as equalized by the State Board of Equalization for that year, lying and being in such district, whether belonging to residents or non-residents, and also each and every tract of land assessed by the assessor which Mes, or the largest part of which lies, in such district. Such compu- tation shall be made so as to realize the amount of money required to be raised in such district, as shown and set forth in the certificate of tax levy, made out by the directors of such district, and filed with the township treasurer, as required by the provisions of this act. The said county clerk shall cause each person's tax, so computed, to be set upon the tax book to be delivered to the collector for that year, in a separate column against each tax-payer's name, or parcel of taxable property, as it appears in said collector's books, to be col- lected in the same manner, and at the same time, and by the same person, as State and county taxes are collected. In making up the lax books to be delivered to the collectors of taxes, the county clerk 124 shall copy into such tax books the number of the school district set opposite to each person's assessment of personal property, by the assessor making the assessment of such person, and to extend the school tax on each person's assessment of personal property, according to the rate required by the amount designated by the directors of the school district in which such person resides, as shown by said certifi- cate of tax levy. The computation of each person's tax and the levy made by the clerk, as aforesaid, shall be final and conclusive: Provided, that the rate shall be uniform, and shall not exceed that required by the amount certified by the board of directors. The said county clerk, before delivering the tax book to the collector, shall make out and send by mail to each township treasurer of the county a certificate of the amount due each district or fraction of a district, in his township, of said tax so levied and placed upon the tax books. 1. Where a county clerk by mistake extends the school tax of district No. 1 on lands in district No. 2, and the tax having been collected, a bill will not lie to enable the latter to recover from the former the amount of taxes so collected. If there be any equity it is wholly in favor of the tax- payers whose burdens have been made heavier, against those who are relieved thereby. The board of neither school district is the representative of tax- payers to adjust their equities. School District v. School District, 57A-288. § 6. Whenever the county board of any county shall have audited the itemized bills of the county superintendents of schools or their assistants, as required by the provisions of this act, it shall be the duty of the county clerk of such county to certify to such act, and transmit the said bills to the Auditor of Public Accounts, who shall, upon the receipt of them, remit, in payment thereof to each superin- tendent, his warrant upon the State Treasurer for the amount certi- fied to be due him; and the Auditor, in making his warrant to any county for the amount due from the State school fund, shall deduct from it the several amounts for which warrants have been issued to the county superintendent of said county since the next preceding apportionment of the State school fund. § 7. The county clerk of each county shall preserve and record in a well-bound book to be kept for that purpose, the report of the county superintendent, made to the county board at the first regular term of such board in each year, relating to the sale of school lands, the amount of money received, paid, loaned out and on hand, be- longing to each township fund in his control, and the statement copied from the loan book of such county superintendent, showing all the facts in regard to loans, which are required to be stated on the loan book. Article XI. COUNTY BOARD. Section 1. The county board of each county of this State shall have power — ^irst — To approve the bond of the county superintendent of schools. 125 Second — To increase the penalty of the bond of the county super- intendent of schools beyond twelve thousand (12,000) dollars if, in the discretion of said county board, such bond should be so in- creased. Third — To remove the county superintendent of schools from of- fice for any palpable violation of law or omission of duty. Fourth — To require the county superintendent of schools, after notice given, to execute a new bond, conditioned and approved as the first bond, whenever in the discretion of the county board such new bond is necessary: Provided, however, that the execution of such new bond shall not affect the old bond or the liability of the security thereof. Fifth — To require the county superintendent of schools to make the reports of such board provided for by law, and to remove him from office in case of neglect or refusal so to do. Sixth — In counties having not more than one hundred (100) schools, the board may limit the time of the superintendent of schools: Provided, that in the counties having not more than fifty (50) schools the limit of time shall not be less than one hundred and fifty (150) days a year; in counties having from fifty-one (51) to seventy-five (75) schools, not less than two hundred (200) days a year, and in counties having from seventy-six (76) to one hundred (100) schools, not less than two hundred and fifty (250) days. Seventh — Said county board shall authorize the county superin- tendent of schools to employ such assistants as he needs for the full discharge of his duties, and said county board shall fix the compen- sation to be paid therefor, which compensation shall be paid out of the county treasury. § 2. It shall be the duty of the county board of each county of this State — First — To provide for the county superintendent of schools a suit- able office with necessary furniture and office supplies, as is done in the case of other county officers. Second — When the office of county superintendent of schools shall become vacant by death, resignation, removal or otherwise, to till the same by appointment. And the person so appointed shall hold his office until the next election of county officers, at which election the said board shall order the election of a successor. Third — To examine and approve or reject the report of the county superintendent of schools made to such board, and the notes and se- curities taken by such superintendent for school funds. Fourth — At the regular meeting in September, and as near quar- terly thereafter as such board may have regular or special meetings, to audit the itemized bills of the county superintendent, and of his assistants, for their per diem compensation and expenses allowed by law for visiting schools. 126 § 3. At the first regular term of the county board, in each year, the county superintendent shall present to the county board of hi« •ounty — First — A statement showing the sales of school lands made subse- quent to the first regular term of the previous year, which shall be a true copy of the sale book (book B). Second — Statements of the aoioujit of money received, paid, loaned out and in hand, belonging to each township or fund under his con- trol, the statement of each fund to be separate. Third — Statements copied from his loan book (book 0), showing all the facts in regard to loans which are required to be stated on the loan book. All of which the county board shall thereupon examine and com- pare with the vouchers, and the said county board, or so many of them as may be present at the meeting of the board, shall be liable individually to the fund injured and to the securities of the county superintendent, in case judgment be recovered of the said securities, for all damages occasioned by a neglect of the duties, or any of them, required of said board by this section: Provided, nothing herein contained shall be construed to exempt the securities, of said county superintendent from any liability as such securities, but tbey shall still be liable to the fund injured the same as if the members of the eounty board were not liable to them for neglect of their duty. Article XII. SCHOOL FUND. Section 1. The common school fund of this State shall consist of the proceeds of a two- mill tax to be levied upon each dollar's val- nation of the property in the State, annually, until otherwise pro- vided by law, the interest on what is known as the school fund proper, being three per cent upon the proceeds of the sales of the public lands in the State, one-sixth part excepted, and the interest on what is known as the surplus revenue, distributed by act of congress and made a part of the common school fund by act of the Legislature, March 4, 1837. § 2. The State shall pay the interest mentioned in the preceding section at the rate of six per cent per annum, annually, to be paid into, and become a part of, said school fund. § 3 On the first Monday in January in each and every year next after taking the census in the State, by federal or State authority, the Auditor of Public Accounts shall ascertain the number of children in each county in the State, under twenty one years of age, and shall thereupon make a dividend to each county of the sum from the tax levied and collected under the provisions of the first section of this article of this act, and of the interest due on the school fund proper and surplus revenue, in proportion to the number of children in eack county under the age aforesaid, and issue his warrant to the super- 127 intendent of Bchools of each county upon the collector thereof. Upon presentation of said warrant by the county superintendent to the collector of his county, said collector or the treasurer shall pay over to the county superintendent the amount of said warrant out of the first funds which may be collected by him and not otherwise ap- propriated by law, taking said superindent's receipt therefor. § 4. The said warrant issued by the Auditor of Public Accounts for the school fund tax, and for the interest of the school fund proper and surplus revenue, shall be received by the State Treasurer in pay- ment of amounts due the State from county collectors; and on pre- sentation by the State Treasurer of said warrants to said Auditor, he shall issue his warrant to said treasurer on the school fund, for the amount of the school fund tax warrants, and on the revenue fund for the amount of the warrants for interest on the school fund proper and surplus revenue. Dividends shall be made as aforesaid, accord- ing to the proportions ascertained to be due to each county, annually, thereafter until another census shall have been taken, and then dividends shall be made and contiuned as aforesaid, according to the last census. § 5. If any collector shall fail or refuse to pay the amount of the aforesaid Auditor's warrant, or any part thereof, by the first day of March, annually, or as soon thereafter as it may be presented, it shall be competent for the county superintendent to proceed against said collector and his securities in an action for debt, in any court having competent jurisdiction, and the said collector shall pay interest at the rate of twelve per centum per annum, to be assessed as damages upon the amount due, and which interest shall be included in the judgment obtained against him .• Provided, that if it satisfactorily appears to the court that on said first day of March, or on the day of presentation for payment thereafter, that said collector had not, as yet, collected funds sufficient to pay said warrant, said interest shall not be allowed upon said warrant. § 6. All bonds, notes, mortgages, moneys and effects which have heretofore accrued or may hereafter accrue from the sale of the six- teenth section of the common school lands of any township or county, or from the sale of any real estate or other property taken on any judgment or for any debt due to the principal of any township or county fund, and all other funds of every description which have been or may hereafter be carried to and made part of the principal of any township or county fund, by any law which has heretofore been, is now or may hereafter be enacted, are hereby declared to be and shall forever constitute the principal of the township or county fund, respectively; and no part thereof shall ever be distributed or expended for any purpose whatever, but the same shall be loaned out and held to use, rent or profit, as provided by law. But the interest, rents, issues and profits, arising and accruing from the principal of said township or county fund, shall be distributed in the manner and at the times as provided by this act; nor shall any part of such inter- est, rents, issues and profits be carried to the principal of the respect- ive funds, except it appear on the first Monday in October in any 128 year, that there is rent, interest or other funds on hand which are not required for distribution, such amount not required, as aforesaid, may, if the board of trustees see proper, forever be considered as principal in the funds to which it belongs, and loaned as such. § 7. School funds collected from special taxes, levied by order of school directors, or from the sale of property belonging to any dis- trict, shall be paid out only on the order of the proper board of directors; and all other moneys or school funds liable to distribu- tion, paid into the township treasury, or coming into the hands of the township treasurer, shall, after said funds have been apportioned by the township trustees, as required in section 26 of article 3 of this act, be paid out only on the order of the proper board of directors, signed by the president and clerk of said board, or by a majority of said board. For all payments made, receipts shall be taken and filed by said board of directors. 1. Where the board of directors have a president and clerk, and directthe payment of money from the treasurer for any legitimate purpose, it is a very proper mode of executing the school order to have it signed by the president and clerk of the board. But this is not the only method of executing such an order. The school law, in express terms, authorizes a school order to be signed by a majority of the board. Under a fair and reasonable construction of the school law either method may be adopted, and whether a school order may be executed by th§ president and secretary of the board, or by a major- ity of the directors who constitute the board, can make no difference, so far as the legality of the transaction is concerned. Langdale v. Ihe People, 100- 263. 2. The law provides for the election, in each school district, of three per- sons as school directors. When elected and qualified, they become a corpo- ration, and have perpetual succession. Their duties are plainly defined by the law, and may be performed by a majority of its members. One director may not act for the others, with their consent or by their direction. The power to sign school orders can not be delegated by one to the other, but must be executed in person. It is a personal trust, and can not be delegated. Glidden v. Hopkins, 47-525. 3. The township school fund, by which the system is maintained, and all moneys belonging to the township devoted to schools, are placed in the cus- tody of the township treasurer, no part of which can be distributed or ex- pended for any purpose whatever, except the interest, and the rents and profits of such lands as may be acquired by the township, but should be loaned out and held to use, rent or profit, as is, or may be provided by law. Ibid. 4. Certain school funds collected from taxes levied by the order of the directors, or from the sale of property belonging to any district, can be paid out on the order of the directors, and all moneys and school funds liable to distribution, not being principal, paid into the township treasury, or coming into the hands of the township treasurer, can be paid out only on the order of the board of directors, signed by a majority of the board, or their presi- dent and clerk; and in all such orders, the purpose for which, or on what ac- count drawn, shall be stated, and a form is given in which they may be drawn. Ibid. • 5. From the various provisions of this act, a studied design on the part of the Legislature to protect the school fund, and guard it from all misapplica- tion, is quite apparent. This provision, requiring orders to express on their face for what purpose drawn, must, in the light of this legislation, be re- garded as mandatory, and the provision itself is so just, and so well calcu- lated to protect the fund, that it cannot, and ought not, in any ease, to be dispensed with. Ibid. 129 6. The board of school directors, though a corporation, are possessed of certain specially defined powers, and can exercise no others, except such as result, by fair implication, from powers granted. As a corporation, they are but the agents of the tax-payers and inhabitants of the district in which they are organized. Every official act performed by them, is for their consti- tuents, these inhabitants and tax-payers, and, for doing the act, they must show, when questioned, their authority. A board of directors cannot ratify an illegal act of their predecessors. They do not stand in the relation of principal and agent. The acts of each board must stand by themselves, and be tested by the law. Ibid. § 8. In all such orders shall be stated the purpose for which or on what account drawn. Said order may be in the following form, viz: Et The treasurer of township No range No in county, will pay to or order dollars and cents (on his con- tract for repairing school house, or whatever the case may be.) F By order of the board of directors of school district No in said town- ship. A. B., President. CD., Clerk. Which order, together with the receipt of the person to whom paid* shall be filed in the office of the township treasurer: Provided, that when an order is paid in full, such order, if properly endorsed by the person in whose favor it was drawn, and his assigns, if any, shall be a sufficient receipt for the purposes of this section. 1. The statute prescribes the form of school orders to be drawn by the directors on the treasurer of the township, according to which form they are neither payable on time nor with interest. Clark v. School Directors, 78-474. 2. Power to borrow money carries with it, at common law, the power to' give evidence of the loan. Where a board of directors is authorized by a vote of the people lo complete a school house and to borrow money for that purpose, and where the money is borrowed and expended accordingly, an order bearing interest and payable at some future time is valid, and may be enforced against the district. Folsom v. School Directors, 91-402. 3. Orders are payable to the individual to whom they are issued, or bearer, and they may pass by endorsement, so as to vest the title in the assignee, and authorize him to institute suit thereon in his own name; but there is a marked and wide difference between the rights of the assignee of such orders, and rights of an assignee of a promissory note or bill of exchange, before maturity. Newell v. School Directors, 68-514. 4. The purpose which the Legislature had in view in requiring it to be stated in the order the purpose for which, or on what account it is drawn, was, obviously, to place it beyond the power of the directors to embezzle the school fund, or to appropriate it co unauthorized purposes. The order is thus made to carry notice to every person who shall become its holder, of its validity. He is notified of the authority by which, as well as on what account it assumes to be issued, and he must, at his peril, ascertain what defenses can I be interposed against its collection. In this it is entirely different from a i promissory note or bill of exchange. Ibid. I 5. The board of school directors, though a coporation, are possessed of 1 specially defined powers, and can exercise no others, except such as result, by ' fair implication, from the powers granted. The statute certainly gives no such * power to the school directors as to make acceptances of orders or bills of ex- ( change. They have power to contract for the erection of a building and to I provide for the payment thereof, but in order to the exercise of this power, it ' is not necessary that they should accept orders. The mode of making pro- —9 S. IBO vision for the payment of the work prescribed by the statute is, to issue their own orders on the township treasurer, and not to assume obligations in respect to third persons. Peers y. Board oj Education, 72-508. 6. The acceptance of orders respects alone the convenience and accom- modation of third persons; it furthers no purpose of the school law, and subserves no interest of the school fund. The powers of school directors are very limited, and specially defined. The path marked out by the statute is clear and safe. By following it, school directors will best protect the interest of the school fund. School directors have no authority to bind a school dis- trict by the acceptance of an order, so as to create a right of action against it. Ibid, 7. Where a school house is completed according to contract for school directors, who accept the same and deliver school orders to the contractor, after a tax had been levied in pursuance of a vote of the people, for building purposes, collected and paid over to the treasurer of the township, it is held that the purchasers of such orders have a right to rely upon the fund thus obtained for payment. Pennington v. Coe, 57-118. § 9. When a district is composed of parts of two or more town- ships, the township treasurer or treasurers who do not receive the tax money of said district, shall, when they hold any funds belonging to said district, notify the directors thereof of the amount of such funds, and the directors shall thereupon give the treasurer who receives the tax money of said district an order for such funds, and upon receipt thereof he shall hold them, to be paid out as aforesaid. § 10. In all cases where school funds are held by any person or persons in an official capacity, by virtue of any special charter de- fining the manner of loaning the same, such moneys may be loaned upon the same terms and conditions as are provided by this act, or may hereafter be provided, by the school laws of this State, for loan- ing the school funds of counties or townships. Article XIII. SCHOOL LANDS. Section 1. Section number sixteen (16) in every township granted to the State by the United States for the use of schools, and such sections and parts of section as have been or may be granted, as aforesaid, in lieu of all or part of section number sixteen (16), and also the lands which have been or may be selected and granted as aforesaid, for the use of schools, to the inhabitants of fractional townships in which there is no section number sixteen (16), or where such section shall not contain the proper proportion for the use of schools in such fractional townships, shall be held as common school lands; and the provisions of this act referring to common school lands shall be deemed to apply to the lands aforesaid. 1. The insertion of the words, in the grant from the United States to the State of Illinois, that the lands granted were to be applied to the use of schools, does not make the general government the donor for that purpose, or give that government any right whatever to control the lands thus vested in the State. The State purchased the lands for a valuable consideration, for a certain purpose, and it now rests with the State to determine in what man- ner the lands can be best applied to the objects and purposes for which they were bought. Good faith will always require the State to apply the said lands to the purposes of education. Bradley v. Case, 3 Scammon-585. 131 2. Sections 16 in the several townships were granted by the general gov- ernment to the State, for the benefit of the inhabitants of such townships, for the use of schools. The enabling act of 1818, containing certain propositions, accepted by the ordinance of the constitutional convention of the same year, constituted a solemn compact between the general government and this State, whereby the State of Illinois became the purchaser of the school sections, for a valuable consideration, with full power to sell or lease the same for the use of schools, as the State might provide and think most beneficial to the inhab- itants of th« respective townships, Irusteesoj Schools v. Sehroll, 120-509. 3. Sections 16 in the several townships, having been granted and accepted, were not public lands within the act of Congress authorizing the State to sur- vey and mark through the public lands the route of the canal connecting the Illinois river with the southern bend of Lake Michigan, and for the like rea- son they were not swamp and overflowed lands, made unfit thereby for cul- tivation. After the grant in 1818, they ceased to be public lands, neither could they, after that time, be regarded as lands remaining unsold. Ibid. Canal Irustees v. Haven, 5 Gilman — 548, affirmed. 4. Where a school township is divided, leaving the 16th section wholly in one division, such division grants to that portion of the township section 16, and the rents, issues and profits thereof, to be administered by the trustees of schools of that township for their own uses and purposes. This fund could not be legally administered in any other efficient and profitable man- ner; there would be a clashing of jurisdiction and interests, resulting injur- iously to the schools. People v. Irustees, 86-613. § 2. All the business of such townships, so far as relates to com- mon school lands, shall be transacted in that county which contains all or a greater portion of said lands. § B. It shall be lawful for the trustees of schools in townships in which section number sixteen (16) , or any other lands granted in lieu thereof, remain unsold or which has title to any other school lands whatsoever, to rent or lease the same for an annual rent, to be paid in money to the treasurer, by a written contract made by the president and clerk, under the direction of the board, with the lessee or lessees, which contract shall be filed with the records of the board, and a copy of the same transmitted to the county superintendent. In case of any default in the payment of the rent, the said board of trustees shall at once proceed to collect the same by distress, or otherwise, as may be provided by law for the collection of rents by landlords. No lease taken under the provisions of this act shall be for a longer period than five years, except where such lands are leased for the purpose of having permanent improvements made thereon, as may be the case in cities and villages: Provided, that the provis- ions of this section shall not apply to cities having a population of oyer one hundred thousand (100,000) inhabitants. § 4. The trustees of schools of any township concerned, are hereby authorized and empowered in their corporate capacity, to sell and convey to any railroad company which may construct a railroad across any of the public school lands of such township, the right of way and necessary depot grounds. All moneys received by such trustees for any right of way or depot grounds so sold, shall be turned over by such trustees to the township treasurer of the township for the benefit of the township school fund. § 5. If any person shall, without being duly authorized, cut, fell, box, bore, destroy or carry away any tree, sapling or log standing or 132 being upon any school lands, such person shall forfeit and pay, for every tree, sapling or log so felled, boxed, bored, destroyed or carried away, the sum of eight (8) dollars, which penalty shall be recovered with costs of suit, by an action of debt or assumpsit, before any jus- tice of the peace having jurisdiction of the amount claimed, or in the county or circuit court, either in the corporate name of the board of trustees of the township to which the land belongs, or by qui tarn action in the name of any person who will first sue for the same, one- half of the judgment for the use of the person suing and the other half for the use of the township aforesaid. When two or more per- sons shall be concerned in the same trespass, they shall be jointly and severally liable for the penalty herein imposed. § 6 Every trespasser upon common school lands shall be liable to indictment, and upon conviction, shall be fined three times the amount of 'the injury occasioned by said trespass, and shall stand committed as in other cases of misdemeanor. § 7. All penalties and fines collected under the provisions of the foregoing sections shall be paid to the township treasurer, and be added to the principal of the township fund. § 8. When the inhabitants of any township or fractional town- ship shall desire the sale of the common school lands of a township or fractional township, they shall present a petition to the county superintendent of the county in which the school lands of the town- ship, or the greater part thereof, lie, for the sale thereof; which peti- tion shall be signed by at least two-thirds of the legal voters of the township, or fractional township. The signing of the petition must be done in the presence of at least two adult citizens of the township, after the true meaning and purpose thereof has been explained; and when signed an affidavit must be affixed thereto by the two citizens witnessing the signing, in the manner aforesaid, which affidavit shall state the number of inhabitants in the township; or fractional town- al township, of, and over, 21 years of age; and said petition, so proved, shall be delivered to the county superintendent for his action thereon: Provided, that in townships having a population of more than 10,000 inhabitants, such petition shall be signed by at least one-tenth of the legal voters of the township, or fractional town- ship, and not two-thirds thereof , and that such petition shall be delivered to the county superintendent at least 15 days preceding the regular election of trustees, or the date of a special election which may be called for such purpose; and thereupon it shall be the duty of said county superintendent to notify the voters of such town- ship that an election for or against the proposition to sell common school lands of the township, or a portion thereof, will be held at the next regular election of trustees, or at a special election called for that purpose, by posting notices of such election in at least ten of the most public places throughout such township, for at least ten days before the date of such regular or special election, which notice may be in the following form, to- wit: Election for sale of common school lands. Notice is hereby given that on , the day of , A. D., , an election will be held at for the purpose of voting "For" or "Against" the proposition to sell common school lands of the township, to-wit: (here insert description of said lands.) The polls of said election will be open at and close at o'clock of said day. A. B., County Superintendent. The ballots of such election shall be received and canvassed as in other elections provided for in this act, and returns of the result thereof made to the county superintendent, and if it shall appear that two-thirds of .the vote upon such proposition shall have been cast in favor of the sale of said lands, then the said county superin- tendent shall act thereon: And, provided, no whole section shall be sold in any township containing less than 200 inhabitants; and com- mon school lands in fractional townships may be sold when the num- ber of inhabitants and the number of acres are in a ratio of 200 to 640, but not before. (As amended by act approved May 10, 1901.) § 9. Any fractional township not having the requisite number of inhabitants to petition for the sale of the school lands therein, as provided in section 8 of this article of this act, which has not here- tofore been united with any other township, for school purposes, and which does not contain a sufficient number of inhabitants to main- tain a free school, is hereby attached to the adjacent congressional township having the longest territorial line bordering on such frac- tional township, for school purposes; and all the provisions of this act shall apply to such united townships, the same as though they were one and the same township. § 10. When the petition and affidavits are delivered to the county superintendent, as aforesaid, he shall notify the trustees of said township thereof, and said trustees shall immediately proceed to divide the land into tracts or lots, of such form and quantity as will produce the largest amount of money. § 11. After making the division required by the foregoing sec- tion, said trustees shall cause a correct plat of the same to be made, representing all divisions, with each lot numbered and defined, so that its boundaries may be forever ascertained. 1. It would seem frona the general terms of this act, that the trustees may lay off the school lands in such sized tracts or lots, as they deem most ad- vantageous to the school fund. Burger v. Jones, 3 Scammon-613. 2. The power conferred on trustees of schools to lay out roads, streets and alleys, is confined to cases where they lay out school lands into town or village lots. In other eases they have no power to lay out roads, or to appropriate or dedicate any part of such land for public highways. The powers granted to the trustees will not be extended by implication, but in determining their intent and scope, a strict interpretation will be adopted. Seeger v. Mueller, 133-8Q. The law declares trustees of schools to be bodies corporate and politic, thus constituting municipal or quasi municipal corpo- rations, and the same rule of interpretation should apply to the statute from which they derive their powers which obtains in case of other municipal cor- porations. Such bodies act wholly under a delegated authority, and can exercise no powers which are not in express terms or by fair implication con- ferred upon them. Ibid. 3. These sections under which lands may be subdivided and platted, make no reference whatever to the laying out of roads or highways, and the sub- 184 divisions there contemplated do not involve the necessity of creating highways. It is a mere division of the land for the purpose of putting it on the market in parcels smaller than the entire tract, leaving the purchasers to acquire easements in the nature of public or private ways in the ordinary mode. Ibid. 4. As the laying out of roads is not necessary to, and is not therefore im- plied in the power to make ordinary subdivisions of land, it does not exist, and the acts of the trustees of schools in attempting to lay out roads, streets and alleys, is ultra vires and void. Nor can any force be given to the sugges- tion that the purchasers of land, having bought with reference to the plat, are entitled to an easement in the roads delineated thereon upon the principle of estoppel. Ibid. 5. Undoubtedly a private owner of land who has the entire control and dominion over it as his own property, and who plats his land and makes sales of the different parts of it according to the plat, will be estopped to deny the right of the several purchasers to an easement in the roads and ways de- picted on the plat, even though the plat may not be executed according to the statute. And it may be admitted that the several purchasers would be enabled to assert such right as against each other. But the rule is different where the plat is made by municipal officers whose powers in the premises are limited and defined by statute. Ibid, 6. No estoppel can ordinarily arise from the act of a municipal corpora- tion or officer done in violation of or without authority of the law. Every person is presumed to know the nature and extent of the powers of municipal officers, and therefore cannot be deemed to have been deceived or misled by acts done without legal authority. In cases of land so platted purchasers must be deemed to have known, at the time they purchased, that the attempts of the school trustees to dedicate portions of the school lands to the purposes of either public or private roads was without legal authority and therefore wholly ineffectual, and that those portions of the plat which marked out and depicted roads was nugatory and void. Ibid. § 12. In subdividing said common school lands for sal^ no lot shall contain more than 80 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 division, with all similar divisions hereafter made, are hereby declared legal, and all such roads, streets and alleys, public highways. 1. Where lands are divided into town or village lots, as provided for in sec- tion 12, the layiag out of streets and alleys is a necessary part of the subdi- vision. A town or village plat cannot be laid out without streets, and is not usually laid out without both streets and alleys. The laying out of roads, streets and alleys as provided for in section 12 plainly relate to town or vil- lage plats, and not to subdivisions of land where there is no town or village. Seeger v. Mueller, 133-86. § 13. After such division into lots has been made and platted, the trustees of schools shall fix a value on each lot, having regard to the terms of sale, certify to the correctness of the plat, stating the value of each lot per acre, or per lot if less than one acre, and re- ferring to and describing the lot in the certificate, so as fully and clearly to distinguish, and identify each lot; which plats and certifi- cate shall be delivered to the county superintendent, and shall gov- ern him in advertising and selling such lands. § 14. Upon the reception by the county superintendent of the plat and certificate of valuation from the trustees, he shall proceeed 135 to advertise the said land for sale in lots, as divided and laid off by said trustees, by posting notice thereof in at least six (6) public places in the county 40 days before the day of sale, describing the land and stating the time, place and terms of sale; and if any newspaper is published in said county, said advertisement shall be printed therein for four weeks before the day of sale; if no newspaper is published in said county, then said land my be sold under the notice aforesaid, which notice may be in the following form, viz: SALE OF SCHOOL LAND. Public notice is hereby given that on the day of A, D., 18 , between the hours of 10 o'clock a. m. and 6 o'clock p, m.,the undersigned superintendent of schools of county will sell at public vendue to the highest bidder, at the door of the court house in {•r on the premises) the following described real estate, the same being a part of the school lands of township No , range No , as divided and platted by the trustees of schools of said township, to-wit: (Here insert full and complete description of said premises.) Said lands will be sold for cash in hand, with the privilege to any purchaser of borrowing from the undersigned, the whole or any part of the amount of his bid, for not less than one nor more than five years, upon his paying interest and giving security, as required in case of a loan obtained from the township school fund. Dated this day of A . D — County Superintendent, County. 1. The school commissioner is a ministerial officer or agent appointed by the law to do certain things, and among others, to sell the school lands. In doing this, he exercises a power delegated to him by the Legislature. The law has specified the extent of the credit, and the character of the security. This might have been left to the discretion of the commissioner had it been thought advisable. Kidder v. Trustees, 5 Gilman-191. 2. The law regulating the sale of school land, and directing the kind of contract to be entered into, with the time and terms of credit, is the public law of the land, and the security must take notice, at his peril, the liability imposed on a surety to a purchaser at such a sale. Powell v. Kettelle, 1 Gil- man-491. 2, The doctrine, that a power to make representations is implied from the nature of a general agency, seems to have grown out of mercantile transac- tions, where there are many strong reasons for holding the principle liable for the frauds of his agent. Misrepresentations on the part of a school com- missioner in the sale of lands must be such, that care and prudence could not have provided against the deception, as the law will not extend its pro- tection to those who, through negligence or inattention to their business, suffer an advantage to be taken of their credulity. CuoJce v. School Commis- sioner, 1 Gilman-537. 4. Where lands are sold on a credit of one, two and three years, and the notes of the purchaser are taken for the several installments, the comnais- sioner omitting to take a mortgage to secure the purchase money, the lien upon the land is not lost thereby, and may be enforced against subsequent purchasers. School Irustees v. Wright, 12-432, 5. The commisoner must determine from the data before him, whether or not a township contains the number of inhabitants necessary to authorize the sale of a school section, before making such sale. Irustees oj Schoolsv. Allen, 21-120. 136 § 15. The place of selling common school lands shall be at the court house of the county in which the lands are situated; or the trustees of schools may direct the sale to be made on the premises. § 16. The terms of selling common school lands shall be to the highest bidder for cash, with the privilege to each purchaser of bor- rowing from the county superintendent the amount or any part of the amount of his bid, for any period not less than one year nor more than five years, upon his paying interest and giving security, as in case of money loaned by a township treasurer as provided in this act. § 17. Upon the day appointed for such sale, the county superin- tendent shall proceed to make sales as follows, viz.: He shall begin at the lowest numbered lot and proceed regularly to the highest num- bered, till all are sold or offered. No lot shall be sold for less than its valuation by the trustees. Said sale shall be made between the hours of 10:00 o'clock a. m. and 6:00 o'clock p. m., and may continue from day to day. The lots shall be cried separately, and each lot cried long enough to enable any person present to bid who desires to bid. § 18. Upon closing the sales each day, the purchasers shall each pay, or secure the payment of the purchase money, according to the terms of sale; or in case of his failure to do so by 10:00 o'clock the succeeding day, the lot purchased shall again be offered at public sale, on the same terms as before, and if the valuation or more shall be bid, shall be stricken off; but if the valuation be not bid, the lot shall be set down as not sold. If the sale is or is not made the former purchaser shall be required to pay the difference between his bid and the valuation of the lot, and in case of his failure to make such pay- ment, the county superintendent may forthwith institute an action of debt or assumpsit in his name, as superintendent, for the use of the inhabitants of the township where the land lies, for the required sum; and upon making proof, shall be entitled to judgment, with costs of suit; which, when collected, shall be added to the principal of the township fund. If the sum claimed does not exceed $200, the suit may be commenced before a justice of the peace; if the sum de- manded exceeds $200, then suit may be brought in the circuit court of any county wherein the party may be found. § 19. All lands not sold at public sale, as herein provided for, shall be subject to sale at any time thereafter, at the valuation ; and the county superintendents are authorized and required, when in their power, to sell all such lands at private sale, upon the terms at which they were offered at public sale. § 20. In all cases where common school lands have been hereto- fore valued, and have remained unsold for two years, after having been offered for sale, or shall hereafter remain unsold for that length of time, after being valued and offered for sale, in conformity to this act, the trustees of schools where such lands are situated may vacate the valuation thereof by an order to be entered in book A of the county superintendent, and cause a new valuation to be made, if, in 137 their opinion, the interests of the township will be promoted thereby. They shall make said second valuation in the same manner as the first was made, and shall deliver to the county superintendent a plat of such second valuation, with the order of vacation, to be entered, as aforesaid; whereupon, said county superintendent shall proceed to sell said lands in all respects, as if no former valuation had been made: Provided, that the second valuation may be made by the trustees of schools, without petition, as provided in this act for the first valuation. § 21. Upon the completion of every sale by the purchaser, the county superintendent shall enter the same in book B, and shall de- liver to the purchaser a certificate of purchase stating therein the name and residence of the purchaser, describing the land and the price paid therefor, which certificate shall be evidence of the facts therein stated. 1. Section 15, article 2, which requires the county superintendent to keep certain books for purposes connected with the sale of school lands is direc- tory to the superintendent, but the title to the land he might sell, if legally and fairly sold, could hardly be made to depend on his obeying these direc- tions. Irustees of Schools v. Allen, 21-120. § 22. At the first regular term of the county board in each year, the county superintendent shall present to the county board of his county a statement showing the sale of school lands made subse- quent to the first regular term of the previous year, which shall be a true copy of the sale book (book B) . § 23. The county superintendent shall, also, at the time afore- said, transmit to the Auditor of Public Accounts, a full and exact transcript from book B of all the sales made subsequent to each re- port. The statement required to be presented to the county board shall be preserved and copied by the clerk of said board into a well- bound book kept for that purpose; and the list transmitted to the Auditor shall be filed, copied and preserved in like manner. § 24. Every purchaser of common school lands shall be entitled to a patent from the State, conveying and assuring the title. Patents shall be made out by the Auditor, from returns made to him by the county superintendent. They shall contain a description of the land granted, and shall be in the name of and signed by the Governor, countersigned by the Auditor, with the great seal of the State affixed thereto by the Secretary of State, and shall operate to vest in the purchaser a perfect title in fee simple. When patents are exe- cuted as herein required, the Auditor shall note on the list of sales the date of each patent, in such manner as to perpetuate the evidence of its date and delivery, and thereupon transmit the same to the county superintendent of the proper county, to be by him delivered to the patentee, his heirs or assigns, upon the return of the original certificate of purchase, which certificate, when returned, shall be filed and preserved by the county superintendent; and all such patents, heretofore or hereafter so issued, by the State for school lands, or duly certified copies thereof from any record legally made, 138 shall, after a lapse of ten years from the date of such patent, and such sale having been acquiesced in for ten years by the inhabitants of the township in which the land so conveyed may be situated, be conclusive evidence as to the legality of the sale, and that the title to such land was, at the date of the patent, legally vested in the patentee. 1. The purchaser of school lands is entitled to receive a patent only on surrender of his certificate of purchase, and, if the purchase money has not been paid, the execution and delivery of his mortgage. Glybourn v. Pittsburg^ Fort Wayne S Chicago Railway, 4A-463. 2. The school commissioner may be considered the legally constituted agent of both parties t9 receive the patents, and. by delivering them in com- pliance with law, the title is divested out of the State and becomes vested in the purchaser. People v. Ihe Auditor, 2 Scammon— 567. 3. The recital in the certificate of purchase, that a patent would issue on the payment of the balance of the purchase money, can not be understood as in any manner affecting the provisions of the law requiring the Auditor to forward the patents when he receives the returns, or as restraining him from issuing them before the expiration of the term of credit. Ibid, § 25. Purchasers of common school lands, and their heirs and assigns, may obtain duplicate copies of their certificates of purchase and patents, upon filing affidavit with the county superintendent in respect to certificates, and with the Auditor in respect to patents, proving the loss or destruction of the originals; and such copies shall have the force and effect of originals. 1. It is quite apparent, that a certified copy of the original, under the seal of the oflSce of the Auditor, was all that was contemplated by the Legislature. A compliance with the statute could not be had, if the word duplicate is as- signed its technical meaning. Duplicates are issued simultaneously, each one possessing the same formalities of execution. In case of patents issued by a functionary of the government, whose term of office has expired, or who may be dead, no duplicate thereof, other than certified copies made by the officer, who is required to note the date of each patent on the lists of the land sold, which are in his custody, could possibly be made. Jackson v. Bruner, 48-203. 2. Under the statute, these patents have no recorded existence in any pub- lic office, save that of the Auditor, and the law, in case an original patent is lost, would be valueless if such loss could not be supplied by a certified copy made by him and authenticated under his official seal. Ibid. 3. Plainly, the preliminary proof here required is simply for the county superintendent, when certificates of purchase are lost, and for the Auditor, when patents are lost, to cause them to act and issue the duplicate copies, and in nowise affects the question of the admissibility or sufficiency of the duplicate copies as evidence, for such copies, when issued, shall have all the force and effect of the originals. Beich v. Berdel, 120-499. 4. There is nothing in the statute that limits the persons in behalf of whom the duplicate copies may be used as evidence, and it is therefore unimportant to inquire by what individual the affidavit upon which the Auditor acted was made. It is enough that he found it to be sufficient, and acted upon it. Ibid. § 26. When any real estate shall have been taken for any debts due to any school fund, the title to which real estate has become vested in any county superintendent for the use of the inhabitants of one or more townships, or of the county, the county superintendent may lease or sell such real estate for the benefit of such township or 139 townships, or of the county, as provided in section '61 of article 3 of this act, regulating the leasing and sales of lands by school trus- tees: Provided, that in case the real estate be held for the benefit of any township or townships, it shall not be sold except upon the written request of the school trustees of said township or townships. The said county superintendent is hereby authorized to execute con- veyances of such real estate to the purchasers when so sold. § 27. The trustees of schools in any township are hereby author- ized and empowered, in their corporate capacity, to lay out and dedicate to the public use, for street and highway purposes, so much of the common school lands, which is unimproved or unoccupied with buildings, as may be necessary to open or extend any street or highway which may be ordered opened or extended by the municipal authorities, which are by law empowered to open or extend streets or highways in the territory where said school lands are located: Pro- vided, that said trustees of schools shall be of the opinion that the benefits to accrue from the opening or extending of said street or highway, to the remainder of said common school lands will com- pensate for the strip so dedicated: And, provided further, that it shall not be lawful for any street or other railroad to lay down rail- road tracks on any strip of the common school lands so dedicated, or use the same or any part of the common school lands for railroad or street railroad purposes, except upon the purchase or lease of the same from the proper authorities or upon the payment to the school fund of said township of the value of such use or land taken, the same as if no street or highway had been laid out thereon, to be de- termined by proceedings under an act entitled, "An act to provide for the exercise of the right of eminent domain," approved April 10, 1872, and all amendments thereto. And, provided, furtlier, that this section shall not in any way affect existing leases or contracts for the lease or purchase of common school lands. Article XIV. FINES AND FORFEITURES. * Section 1. All fines, penalties and forfeitures imposed or incurred in any of the courts of record, or before any justice of the peace of this State, except fines, forfeitures and penalties incurred or imposed in incorporated towns or cities for the violation of the by-laws or ordinances thereof, shall, when collected, be paid to the county superintendent of schools of the county wherein such fines, penalties or forfeitures have been imposed or incurred, and the said county superintendent of schools shall give his receipt therefor to the per- son from whom such fine, forfeiture or penalty was received. The said county superintendent shall annually distribute such fines, pen- alties or forfeitures in the same manner as the common school funds of the State are distributed. 140 § 2, It shall be the duty of the State's attorneys of the several counties to enforce the collection of all fines, forfeitures and penal- ties imposed or incurred in the courts of record of their respective counties, and to pay the same over to the county superintendent of the county wherein the same have been imposed or incurred, retain- ing therefrom the fees and commissions allowed them by law. § 3. It shall be the duty of the justices of the peace to enforce the collection of all fines imposed by them by any lawful means; and when collected the same shall be paid by the justice collecting the same to the county superintendent of the couiaty in which the same was imposed. § 4. Clerks of courts of record, State's attorneys and all justices of the peace shall report, under oath to the county court of their respective counties, by the first of March annually, the amount of such fines, penalties and forfeitures imposed or incurred in their respective courts, and the amount of such fines, forfeitures and pen- alties collected by them, giving each item separately, and if any such officer has collected no such fines, penalties or forfeitures, he shall make affidavit to such fact, and file the same with the county super- intendent. The judges of the county court shall inspect the said reports, and may hear evidence thereon, and, if found correct and truthful, shall enter an order approving such report, and that any moneys in the hands of such officers so reporting shall be paid over to the superintendent of schools. If the court shall not approve of such report, he may order a new one to be made, and upon a failure to comply with the order of the court, or to make a satisfactory re- port, the court may state an account and enter an order to pay over as above provided. The court, for all purposes for carrying out the provisions of this section, shall have power to examine books and papers as provided hereinafter in section 6 of this article, and shall have power to issue subpoenas for both books and persons: Pro- vided, that no report shall be approved until the court shall have given the superintendent five (5) days' notice of the same, and he shall be allowed to inspect said report, and he shall be heard by the court upon the same if he desire; and the officers charged with the collection thereof, the said clerks. State's attorneys and justices of the peace, for a failure to make such a report, shall be liable to a fine of twenty-five (25) dollars for each offense, said fine to be recovered in a civil action, before any court, at the suit of the county superin- tendent of schools of the proper county. § 5. For a failure to pay any fine, forfeiture or penalty, on de- mand, to the person who is by law authorized to receive the same, the officer or person having collected the same, or having the same in his possession or control, shall forfeit and pay double the amount of such fine, penalty or forfeiture as aforesaid to be recovered 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. 141 § 6. In case that any clerk of a court of record, State's attorney or justice of the peace shall fail to make the report provided for in section 4 of this article, the county court shall have power, and it is hereby made the duty of the judge of said court, to examine all records pertaining to the office of such delinquent officer and enforce the payment of whatever sum may be found due the school fund from such delinquent officer. For the purpose of making such ex- amination, the said county court shall have the right to call for any paper or papers, docket, fee-book or other record belonging to the office of such delinquent officer, and in case such delinquent officer fails or refuses to furnish such paper, docket, fee-book or other rec- ord for the inspection or use of such county court, he shall forfeit and pay to the school fund the sum of one hundred (100) dollars to be recovered in an action of debt or assumpsit, before any court of this State having jurisdiction of the actions of debt and assumpsit, and such penalty, when collected, shall be paid into the school fund of the proper county. Article XV. LIABILITY OP SCHOOL OFFICERS. Section 1. Whenever the county superintendent of schools of any county shall notify the board of trustees of any township, in writing, that the notes, bonds, mortgages, or other evidences of in- debtedness which have been taken officially by the township treas- urer, are not in proper form, or that the securities which the said township treasurer has taken are insufficient, it will be the duty of the said board of trustees at once to take such action as may be necessary to save and protect the property or fund of the districts and the township; and for a failure or refusal to take such action within 20 days after such notice, the members of the board, each in his individual capacity, shall be liable to a fine of not less than twenty-five (25) nor more than one hundred (100) dollars to be re- covered before any justice of the peace, on information, in the name of the People of the State of Illinois (provided such insufficiency is proven) , and, when collected, the said fine shall be paid to the county superintendent of the proper county, for the use of schools. And the payment of this fine shall not relieve the board of trustees from any civil liability they may have incurred from such neglect of duty. § 2. If the judges of any school election called for any legal pur- pose shall fail or neglect to deliver a copy of the poll-book of any such election, with a certificate thereon showing the result of such election, to the officer provided by law to whom such return shall be made, within ten days after such election shall have been held, the said judges of election shall be severally liable to a penalty of not less than twenty-five (25) dollars nor more than one hundred (100) dol- lars to be recovered in the name of the People of the State of Illi- nois, by an action of debt before any justice of the peace of the county; which penalty, when collected, shall be paid into the schoo fund of the township in which such election was held. 142 § 3. It shall be the duty of the board of directors of every school district in this State, to deliver to the township treasurer all teachers' schedules made and certified as required by law, and covering all time taught during the school year ending June 30, on or before the seventh day of July, annually; and the directors shall be personally liable to the district for any and all loss sustained by it through their failure to examine and deliver to the said township treasurer all such schedules within said time. § 4. For any failure or refusal to perform all the duties required of the township treasurer by law, he shall be liable to the board of trustees, upon his official bond, for all damages sustained by reason of such failure or refusal, to be recovered by action of debt by said board in their corporate name, for the use of the proper township, before any court having jurisdiction of the amount of damages claimed; but if the said treasurer, in any such failure or refusal, acted under and in conformity to a requistion or order of said board, or a majority of them, entered upon their journal and subscribed by their president and clerk, then, and in that case, the members of said board aforesaid, or those of them voting for such requisition or order aforesaid, and not the said township treasurer, shall be liable, jointly and severally, to the inhabitants of the township for all such damages to be recovered by an action of assumpsit in a suit brought in the official name of the county superintendent of schools for the use of the proper township: Provided, said treasurer shall be liable for any loss not collected by reason of the insolvency of said trustees. C § 5. When a township treasurer shall resign or be removed, and at the expiration of his term of office, he shall pay over to his suc- cessor in office, when appointed, all money on hand, and deliver over all books, notes, bonds, mortgages and all other securities for money and all papers and documents of every description in which the cor- poration has 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 section so far as the said securities and legal representatives may have the power so to do. And for any failure to comply with the requisitions of this section, the person neglecting or refusing shall be liable to a penalty of not less than ten nor more than one hundred dollars, at the discretion of the court before which judgment may be obtained, to be recovered in an action of debt before any justice of the peace, for the benefit of the school fund of such township: Provided, that the obtaining or payment of such judgment shall in no wise discharge or diminish the obligations of the persons signing the official bond of such township treasurer. § 6. If any county superintendent, trustee of school, township treasurer, director or any other person entrusted with the care, con- trol, management or disposition of any school, college, seminary or township fund for the use of any county, township, district or school, shall convert such funds, or any part thereof, to his own use, he shall be liable to indictment; and, upon conviction thereof, shall be fined 143 in any sum not less than double the amount of money converted to his own use, and imprisoned in the county jail not less than one nor more than twelve months, at the discretion of the court. § 7. Trustees of schools shall be liable, jointly and severally, for the sufficiency of securities taken from township treasurers, and in case of judgment against any treasurer and his securities for or on account of any default of such treasurer on which the money shall not be made for want of sufficent property whereon to levy execu- tion, action on the case may be maintained against said trustees, jointly and severally, and the amount not collected on said judgment shall be recovered with costs of suit from such trustees: Provided, that if said trustees can show, satisfactorily, that the security taken from the treasurer, as aforesaid, was, at the time of said taking, good and sufficient, they shall not be liable as aforesaid. § 8. The real estate of county superintendents, of township treas- urers, and all other school officers, and of the securities of each of them, shall be bound for the satisfaction and payment of ail claims and demands against said superintendents and treasurers, and other school officers as such from the date of issuing process against them, in actions or suits brought to recover such claims or demands until satisfaction thereof be obtained; and no sale or alienation of real estate, by any superintendent, treasurer or other officer or security aforesaid, shall defeat the lien created by this section; but all and singular such real estate held, owned or claimed, as aforesaid, shall be liable to be sold in satisfaction of any judgment which may be obtained in such actions or suits. 1. This section provides that the real estate of the securities of school offi- cers, in case of default, shall be bound from the date of the issuing of the process, and that no alienation of the estate after process issued shall oper- ate to defeat the lien created thereby. There is no provision that it shall re- quire the service of the process or the rendition of a judgment to create the lien. The lien, therefore, attaches, if judgment shall thereafter be rendered, from the date of the issuing of the process, without reference to the time when it was served. Snyder v. Spaulding, 57-480. § 9. Trustees of schools, or either of them, failing or refusing to make returns of children in their township according to the pro- visions of this act, or if either of them shall knowingly make a false return, the party so ofcending shall be liable to a penalty of not less than ten (10) dollars nor more than one hundred (100) dollars, to be recovered by an action of assumpsit before any justice of the peace of the county; which penalty, when collected, shall be added to the township school fund of the township in which said trustees reside. § 10. If any county superintendent, director or trustee, or either of them, or other officer whose duty it is, shall negligently or wil- fully fail or refuse to make, furnish or communicate the statistics and information, or shall fail to discharge the duties enjoined upon them, or either of them, at the time and in the manner required l)y the provisions of this act, such delinquent or party offending shall be liable to a fine of not less than twenty- five (25) dollars, to be recov- ered before any justice of the peace at the suit of any person, on in- 144 formation in the name of the People of the State of Illinois, and when collected, the said fine shall be paid to the county superinten- dent of the proper county for the use of the school fund. 1. No written pleadings are required before a justice of the peace. Proc- ess that * * * run in the name of the People is all that the law requires. The word information, as used in the statute, means complaint in the con- nection that it is used in such actions. The context shows that other penal- ties, imposed by the same section, may be collected in an action of assump- sit before a justice of the peace. Whether the action is debt or assumpsit is immaterial. It is sufficient that it is in the name of the People, on the infor- mation or complaint of any citizen aggrieved. Newton v. Ihe People, 72i-^(yi. § 11. County superintendents, trustees of schools, directors and township treasurers, or either of them, or any other officer having charge of school funds or property, shall be pecuniarily responsible for all losses sustained by any county, township or school fund, by reason of any failure on his or their part to perform the duties re- quired of him or them by the provisions of this act; or by any rule or regulation authorized to be made by the provisions of this act; and each and every one of the officers aforesaid shall be liable for any such loss sustained as aforesaid, and the amount of such loss may be recovered in a civil action brought in any court having jurisdiction thereof, at the suit of the State of Illinois, for the use of the county, township or fund injured; the amount of the judgment obtained in such suit shall, when collected, be paid to the proper officer for the benefit of the said county, township or fund injured. 1. If school officers have squandered school funds, or appropriated the same to a purpose not authorized by law, in consequence of which a loss has occurred, proper relief may be had under this section of the statute. A court of equity has no jurisdiction. Moore v. Fessenbeck, 88-422. 2. If school directors appropriate school funds under their control to a purpose not authorized by law, in consequence of which a loss occurs to the district, there is no reason why adequate relief may not be had under this section of the statute. * * * If the directors have squandered the funds of the district, or appropriated them to purposes not authorized by law, and in consequence thereof the taxpayers have been injured, they have a remedy at law. Wahl v. School Directors, 78A-403. 3. Where two directors, without notifying the other director, cause a well to be dug and walled on the school house lot of the district, where the well is a necessity, although the record of the proceedings of the board of directors shows that the well was not ordered and paid for out of the funds of the dis- trict, at any regular or special meeting held by the directors or any two of them, it is held, that such proceedings do not cause the funds of the district to sustain such loss as would render the directors liable under this section. Eea V. 2he People, 84A-504. 4. It is true that the business of the school districts in this State should be transacted by its board of directors in the manner pointed out by the statute, and that the directors in this case ought to have contracted and paid for the well in question at some regular or special meeting, and caused a record to be made of their actions, and that the third director should have been notified of the proposed action of the other two so that he could have had an oppor- tunity to participate therein, yet the court cannot say that the directors, by having the well dug and paying for the same in the manner shown, have oc- casioned such a loss to the funds of the district as is intended to be provided against by this section. Ibid. 145 5. The court does not dpcide however, that school directors in this State and other officers uauied la the statute, are justified in expending the school funds in ilieir charire iu any otiier niunntr than that prescribed by the statute, but as deciditipf only that tli« pei-uniary hfibdties ot diiectors anil the other iiflfi ers named in this section is limited by the terms thereuf, to hisses sustained by such fund, by reason of tlie failure of directors and other officers nained, to perfurm the duties required of them by the provisions of the act of which it is a part. Ibid. 6. In order that school officers shall be pecuniarily responsible, under sec- tion 11, article 15 of the general school law, for failure to perforin duties requited by the statute, there mu-^t be a loss b' the school fund, resulting from such '.mission of duty. Ftople v. Uea, 185-Gi{3. Rea v. Ihe Peajjle, 81A-5U4, affirmed. 7. S 'hool dii-ecfors are not personally liable for a reasonable sum of money expended by them for necessary water s-upply for the school, even thousrh they have proceeded illegally in actiutr wiihout an order of the board of di- rectors adopted at any meetiiifj. since the school fund has in that case sus- tained no loss within the nieauinj; of the statute, the transaction being one which might have br-en originally authorized or subsequently ratified at a board meeting. Ibid. § 12. No county, city, town, township, school district or other public corporation shall every make any appropriation, or pay from any school fund whatever, auythinj^ in aid of any church or sectarian purpose, or to help support or sustain any school, academy, seminary, college, university or other literary or scientific institution controlled by any church or sectarian dennmination whatever; nor shall any grant or donation of money, or other personal property, ever be made by any such corporation to any church or for any sectarian purpose; and any officer or other person liaving under his charge or direction school funds or property, who sliall pervert the same in the manner forbidden in this sectiim, shall be liable to infliotment, and upon conviction therBof, shall be fined in a sum not less than double the value of the property so perverted, and imprisoned in the county jail not less than one (1) nor more than twelve (12) months at the- discretion of the court. 1. The paying of rent to a church organization for the use of a room for school purposes is not such an appropriation, or aid to the church, as comes within the prohibition of our constitution. Rdigious oreariizations are not under such legal bans that they may not deal at arm's length with the public in selling or leasing their property, when required for public use, in go<'d faith, receiving therefor but a fair and reasonable compensation. The public in such case receives the full benefit of its contract, and the funds paid are not a gift, appropriation or aid to the church, nor p^id for any sec- tarian purpose. Millard v. Hoard oj Education, lUA-48; Mtllard v. Board of Education, 121-21)7. 2. The free schools are institutions provided wh^re all children of the State may receive a good common school education. The schools have not been established to aid any sectarian denomination, or assist in disseminating any sectarian doctrine and no board of education or school directors have any authority to use the public funds for such a purpose. Millard v. Board of Education, 121 297. 3. The statute has not prescribed any religious belief as a qualification of a teacher in a public school. The school authorities may select a teacher who belongs to any church or no church, as they may think best. Ibid. — lOS 146 4. If the district where a school has been maintained has no school house, and it becomes necessary for the board of educatioQ to procure a building to be used tor school purposes, they have the riy:ot to rent of any person who has property suitable for school purposes. The owner of the property may be some religious denomination. It is not material that the building has been used as a church. Ibid. § 13. No teacher, state, county, township or district school officer shall be interested in the sale, proceeds or profits of any book, ap- paratus or furuiture used, or to be used, in any school in this State with which such otHcer or teacher may be connected; and tor offend- ing against the provisions of this section such teacher, State, county, township or district school officer shall be liable to inuictment, and upon conviction shall be fined in a sura not less than twenty-five (25) dollars nor more than five hundred (500) dollars, and may be im- prisoned in the county jail not less than one (1) month nor more than twelve (12) months, at the discretion of the court. § 14. Any school officer or officers, or any other person, who shall exclude or aid in the exclusion from the public schools, of any child who is entitled to the benefits of such school, on account of such child's color, shall be fined, upon conviction, in any sum not less than five (5) dollars nor more than one hundred (100) dollars each, for every such offense. Article XVI. MISCELLANEOUS. Section 1. No justice of the peace, constable, clerk of any court, sheriff' or coroner shall charge any costs in any suit where any school officer, school corporation or any agent of any school fund, suing for the recovery of the same, or any interest due thereon, ia plaintitf and shall be unsuccessful in such suit; nor where the costs caa not be recovered from the defendant by reason of the insolvency of such defendant. § 2. Any woman, married or single, of the age of twenty-one years and upwards, and possessing the qualifications prescribed for the office, shall be eligible to any office under the general or special school laws of this State. § 3. Any woman elected or appointed to any office under the pro- visions of tiiia act, before she enters upon the discharge of the duties of the office, shall qualify and give the bond required bylaw (if bond is required), and such bond shall be binding upon her and her secur- ities. § 4. All boards of school directors, boards of education or school officers, whose duty it now is, or may be hereafter to provide, in their respective jurisdioiious, schools for the education of all cliildren between the ages of six and twenty-one years, are prohibited from the excluding, directly or indirectly, any such child from such school on account of the color of such child. 147 1. The free schools of the State are public institutions, and in their man- agferaenf and coutrol the law contemplates that they should be r coci;il position. Chase v. Stejihtnson, 71-383; People V. Boiird of Education, 127 013. 2. No child otherwise entitled to attend a certain public school can be excludt;d therefrom, directly or indirectly, by school officers or public au- thorities on account of his being colored. People v. Mayor of Alton, 179-615. 3. Where a board of education, created by a municipal corporation, un- lawfully excludes colored children trom a public school, with the consent and approval of the city auttiorities and under a well understorxl plan to separate white and colored children in the public schools, mandamus will lie against the city authorities to compel the admission of such children. Jfnd. 4. Under the law no school district has the right to establish different schools tor the white children and colored children of said district, and to exclude the colored children truiu the schools established for white children, even though the schools es ablished for colored children furnish educational facilities tqual or superior to those of thw schools established for white child- ren. People v. Mayor oj Alton, 1"J3-30'J. In this connection see People v. McFall, 2nA-319. 5. Exidusiou, without reason, of colored children from the schools to which their standing ana residence would entitle them to admission if they were white children, amounts, in law, to ditcrimination against them on account of color. Ibid. § 5. Any person who shall, by threats, menace or intimidation, prevent any child entitled to attend a public school in tliis State from attend ing such school shall, upon conviction, be fined in any Bum not exceeding tvveuty five (25) dollars. § 6. It shall be the duty of the county treasurers, county super- intendents of tchools, towiiehip ccllectois, bi d all other persons pay- ing money into the hands of township school treasurers for school purposes, on or before ttie 80th day of September of each year, to notify in writing the presidents of ,oard9 or school trustees and the clerks of the boards of school directors of the amouat paid into the township treasurer's hands aad the date of payment. § 7. This act shall not be so construed as to repeal or change, in any respect, any special acts in relation to schools in cities having less than 100,000 inhabitants, or incorporated towns, townships or districts except that in every such city, town, township or district the limit of trtxafion for educational and building purposes shall be the same as that fixed in section one, article eight, of this act; and except that it shall be the duty of the several boards of education or other officers of any city or incoporated town, township or district, having in charge schools under the provision of any of said special acts, or of any ordinance of any city or incorporated town, on or before the loth day of Ju!y pr^^ceding each session of the General Assembly of this Slate, or annually, if required so to do by the State Superintend- ent of Public Inritruction. to make out and render a statement of all such statistics and other information in regard to schools and the 148 enumeration of persons as required to be communicated by town- ship boards of trustees or directors, under the provisions of this act, or so much thereof as may be applicaV)le to said city or incorporated town, to the county superintendent of the county where such city or incorporated town is situated, or of the county iu which the larger part of such city or incorporated 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 agient, clerk, board of education, or other otficer or person of any township, city or incorporated town, unless a report of the number of persons and other statistics relative to schools, and a statement of such other itiformatiou as is required by the board of trustees or of directors, as aforesaid, and of other school officers and teachers under the provisions of this act, shall have been filed at the time or times aforesaid, specified in this section, with the superin- tendent of the proper county, as aforesaid. (As amended by act approved and in force March ol, 1891.) 1. Section 1, article 8 of the Constitution directs that the General As- sembly shall provide a thorough and efficient system of tree schools, whereby all children in this State may receive a good common school education. There is no limitation in that or any other article as to the agencies the State shall adopt in providing this system. There is, it is true, a limitation as to the amount of indebtedne-ss a school district may contract, but there is no attempt to limit the Legislature in providing for the formation of school dis- tricts, nor in prescribing who shall or shall not be empowered with the levy, collection and custody of school taxes. The General A'^sembly may, there- fore, act, in these respects, at its discretion, and prescribe such mode for the formation of school districts, and designate such persons for the levying, collecting and having the custody of school taxes, as it, ^lone, sb;dl consider most conducive to the public interests. Speight v. Ihe PeojAe, 87 595. 2. The question of whether the sections of a city charter relating to schools, are to be regarded as repealed, by virtue of the adoption by the city of the general law, or as still existn^g, may be waived, and that all laws, whether in city charters or elsewhere, designed to Jtffect free schools, may be regarded simply as school laws. Aud although they may require the boundary lines of cities to be adopted as lines fur the formation of school districts, and that city officers shall perform the duties of school effit-ers. yet this is tor convenience only, and the dit^tricts thus to be formed, and the officers thus required to perform duties, are to be regarded simply as agencies selected by the State to provide a system of free schools. Although the limits and offi'^ers of the two corporations are the same, their purposes and objects are different, and they are, in fact, separate and distinct corporations. The one has its existence and is limited in the powers it may exercise by its charter, proper; the other by the school law. Und. 3. Section 22, article 4 of the constitution, prohibits the General Assembly from passing any local or special law providing for the management of com- mon schools. It must be noticed that the language of this clause is much less comprehensive than that of section 1, article 8. There, a system of free schools, not merely the management of free schools, is required to be pro- vided; and had it been intended no local or special law should be enacted for that purpose, it is most natural and probable that it would have been so said. It must be assumed that the word management was not unadvisedly or acci- dentally used, and that it relates to the conduct of the school in imparting instruction. Ibid. 4. Before the adoption of the present Constitution, the city of Chicago was, by law, given the title of all school lands within its boundaries, and the share of the school fund belonging to its people, and was clothed with the 149 power of collecting taxos for school purposes, and charged with the duty of supporting: its schools. The Jaws on this subp ct in force tit that time, whether embodied in form in the charter of the city, or in amendments to its charter, or in laws not purportinar in form to be a part of its charter, must be regarded as a part of the school laws, atid not a'' strictly a part of its charter for strictly city purposes. Fuller v. Heath, 89-296. 5. There is no limitation in the Constitution as to the ae:encies the State shall adopt in providing a system of free schools, and the Geaeral Assembly has full power to sele(;t or prescribe the agencies by which school taxes shall be levied, collected, held and di^^)ursed, and all laws, whether in city char- ters or elsewhere, designed to afft-ct free schools, may be regarded as school laws intended to provide a system of free schools. Section 22 article 4 of the Constitution, as to the power of passing special laws, relates merely to the management of common schools, that is, to the conduct of common schools in imparting instruction, and does not relate to the matter of provid- ing the necessary funds for their support. Ibid. 6. Section 10, article 6, which empowers boards of education to examine teachers and fix the amount of their salaries, does not apply to school di-^tricts existing by virtue of a special charter. Board oj Edtication v, Arnold, 112-11. 7 The adoption by a city of the general law for the incorporation of cities and villasew, which has no relation to schools, does not abrogate provisions in such city's former special charter for the establishment arid management of a system of free schools, such provisions not bcner inconsistent with any- thing in the general law. Smith v. 2 he Ptople, 154-58. 8. Where a charter provides that members of a school board shall hold office until their successors are appointed and qualified, a failure to hold an el'Ction during any year does not dissolve the board or create a vacancy. Ibid. 9. The adoption of minority representation in a city council, pursuant to the general law, which throws the election of the city offi('ers into every second year, does not abrogate a provision of the special charter of such city that members of the board of education shall be elected annually. Ibid. 10. The act of 1887 providing that school districts acting under special charters maj'^ hold elections at the time provided by general law for the elec- tion of school directors, and that such election may be held at such p!ace in the school district as may be designated by the board of directors or board of education, was repealed by the act approved May 21, 1889, revising the school law. Ibid. 11. Under section 7, article 16 of the school law, the only change effected in the public school provisions of special charters of cities and villages is to make the limit of taxation for educational and building purposes the same as nvider the cerieral school law. Cleveland, Cincinnati d; St. Louis By. Co. v. Handle, 183-364. 12. The adoption of the general law for the incorporation of cities and villages does not abrogate provisions of special charters not inconsistent with provisions of thi" general law relating to the support and management of public schools. Ibid. 13. The provisions of the general school law which affect the method of constituting the board of education and change the limit of taxation for school purposes prescribed in special charters, are not in violation of section 22, article 4 of the constitution, prohibiting the passageof special laws chang- ing the charter of any city or village. Ibid. 14. Where a special charter gives the board of education the power to make certain contracts, and gives it exclusive control of the funds out of which the payment must be made, an action should be brought atrninst the board oi education and not against the city. *«»*«** The courts arc clothed with ample power to enforce its payment. A general judgment agrtinst the city could not be properly rendered for a demand payable out of a particular fund, over which its municipal officers have no conirol. Grant V. City oj Urbana, 2A 559, 150 15. The board of school inspectors (Peoria) are vested with a large discre- tion in the performance of thfir important duties, and courts will not attempt to control its exercise esi't pr in a palpable casn wliern a plain violation of the law is manifested, Schuol InsjHxturs v, 2 he People, 20-525. 16. Where a special charter makes it the duty of a board of directors to establish and keep up a system of e:rad< d scbools, such directors have the autbority to appoint a snpnintendent of the grHf'ed si-liools of such city, and pay him a reasonable salary for his services. Where there are ten teachers, in different rooms, and over SOO pupils, a jjeneral superiuteiident is necessaiy to the working: of the system, and the power' to appoint and pay this nfficer mn^^t be considered as given by necessary implication. iSpring \. Wrtght, 63; yo. 37. Where a corporation is created for bnpiness purposes, all persons may presnme such bodies wht n issning their paper, are actmsr within the scope of their power. Not so with municipalities. Beiuf? created for trovernmental purposes, the borrowing; of money, the puTcha^e of property on time, and the erivine: of commercial paper, are not inherent, or even powers usually conf M-red; and unless endowed with such power in their chatters, they have no authority to make and place on the market such paper, and pfrsi-ns deHiiiiq; la it must see that the power exists. Hewetty. Normal School l/istrict, 94-528. 18. The act of April, 1872, was a general law, and all acts inconsistent ■with it, and all preneral school laws previMHisly enacted were thereby re- pealed. But it did not repeal special charters nnder the provisions of which, boai'ds of pHucation were created and acting. People v. Bluyor oj Blooming- ton, 130-406. 19. The adoption of minority representation in a city council, pursuant to the general law, which throws the election of the city officers into every sec- ond year, does not abrogate the provision of the speeial charter of such city that members of the board of education shall be elected annually. Smith v. 2?ie People, 154-58. 20. Where a charter provides that members of a school board shall hold office until their successors are appointed and qualifl 'd. the failure to hold an election during any year does not dissolve the boaid or create a vacancy. Ibjd. 21. The act of 1887, providing that in school districts acting under special charters, elections might be held at the time provided by the sehool law lor the election of school directors, and at such places in the district as the board of education might designate, was repealed by the act of May 21, l^lSH. revis- ing the scho'd law, and an election had thereafter under said act of 1887 gives no title to office. Ibtd. § 8. It shall be the duty of the president, principal, or other proper officer of every or2;anized nuiversily, college, seminary, academy, or other literiary institution, heretofore incorporated, or hereafter to be incorporated in this State, to make out, or cause to be made out and forwarded to the office of the Slate Superintendent of Public Instruction, on or before the first day of August in each year, a report setting forth the amount and estimated value of real estate owned by the corporation, the amount of other funds and endow- ments, and the yearly income from all sources, the number of in- structors, the number of students 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 president or principal of such institution to enable the Superintendent of Pull- 151 lie Instructionjlto lay before the Legislature a fair and full exhibit of the Hff'airs and conditions of said iuBtitutions, and of the educational resources of the State. § 9. If judgment shall be obtained against any township board of trustees or school directors, the party entitled to the benefit of such judgment may have execution th^iefor, as follows to- wit: It shall be lawful for the court in which such judgment shall be ob- tained, or to which such judgment may be removed by transcript or appeal from a justice of the peace, or otfier court, to isoue thence a writ commanding the directors, tru-tees and treasurer of such town- ship to cause the amount thereof, with interest and costs, to be paid to the party entitled to the benefit of such judgment, out of any mon«?y8 uuHppropriated of said township or district, or if there be no such moneys, out of the first moneys applic'ible to the pnyment of the kind of services or indebtedneKs for which such judgment shall be obtained, which shall be received for the use of such township or district, and to enforce obedience to such writ by attachment, or by mandamus, requiring such board to levy a tax for the payment of such judgment ; and all legal proces es. as well as writs to enforce payment, shall be served either on the president or the clerk of the board. 1. In a proceedinpr for a nxmclamus to compel the .school tnisteps to form a new district, and the writ is awardfd. jufltriuftiit for costs should not be rendered atrainst the trusrpe« pcrsfMiMlly, but as trustees of schools of the township. Boone v. The People, 4A 'J:J1. 2. Here is a sure and ouiDplHte remedy priven for the enforcement of all just claims atjniust such bodies. A party h;is but to obtain his judgment, and, if there be money in the treasury, to obtain an order on the treasurer for its payment, and if there is no lunney applicable to its payment, then to obtain a writ of inanddmus to compfd the levy and eoijection of a tax for its payment. Board oj Education v. Neidenberger, 78 58 3. The Supreme court has repeatedly held that this is the only mode of enforcing a j idijment ayaiu-it a sehitol di-tri''t. Botkin v. Osborne, 3'J 101; Watts V. McLean, 28A 537; Sogers v. Ihe Ptuple, (J8 J54, 4. The Supreme court, in passingf upin the powers of school officers, has said they possess only the authority jjranted by statute and sufh as may result by fair implication from wnat is trranted, and have shown a clear pur- pose in defiuinff these powers to construe them strictly. This is in accord- ance with the plain policy of the statute and is essential to the protection of the school fund. Gliddin v. Hopli-ns. 47-521!; NewtU v. School Directors, 68- 514; Peers v. Board of Education, 72 5U8; Watts v. McLean, 28 A 537. 5. The treasurer is not authorized to pay out the money in his hands until an order drawn as rtquired by the statute is presented, or until a court of competent jurisdiction shall have made an order for that purpose. Unless one of these thinpfs has been done, the treasurer is j istiGrd in decliuiufj to pay upon the demand made by the judt{tneiit creditor, and as it is not his duty to comply with the demand in such cases, he cannot be subjected to the •est and vexation of a proceeding by mandamus. Watts v. McLean, 28A 537. 6. Where an action of debt is instituted in the circuit court by the trustees of schools wers and duties are substantially alike, except that the board of education possesses mure power. But the board of educa- tion are not the owuers of the property upon which the school houses are erected, in any sense of that term. They have no title or estate in the prop- erty whatever. Thpy are merely pnbUc offii-prs in the discharge of a public trust. Ihomas v. Urbana School District, 71-283. 8. A school district has to rely mainly upon taxation to raise mouey to pay its indebtedness. This is its only recourse to obtain revenue with which to dischaige the claims ag:ainst it. If, however, a .judgment could be ren- dered against the directors, an execution issued and the property of the district sold, as against an individual, in many cases it would be gone beyond the reach of the district before the necessary money could be raised by taxa- tion and a redemption effected. Ihid. 9. By the enactment of this section, the L^^gislature provided the mode by which a party having a claim against a board of directors could enfear without expense to the apprentice. (As amended by an act approved May 15, 1903.) PARENTAL SCHOOLS. An Act to enahle hoards of educaiion or hoards of school trustees to establish and maintain parental or truant schools. Section 1. Be it enacted hy the People of ihp. State of Illinois, represenied in the General Assembly: That in cities having a pop- ulation of 100,000 inhabitants or more, there shall be established, maintained and conducted, within two years from the date of taking effect of this act, one or more parental or truant schools for the pur- pose of affording a place of confinement, discipline, instruction and maintenance of children of compulsory school age who may be com- mitted thereto in the manner hereinafter provided. § 2. For the purpose of establishing such school or schools, sites may be purchased and buildings constructed or premises rented in the same manner as is provided for in the case of public schools in such cities; but no such school shall be located at or near any penal institution. And it shall De the duty of the board of education to furnish such schools with such furniture, fixtures, apparatus and provisions as may be necessary for the maintenance and operation thereof. § 3. The board of education may also employ a superintendent and all other necessary ofl&cers, agents and teachers; and shall pre- scribe the methods of discipline and the course of instruction; and shall exercise the same powers and perform the same duties as is prescribed by law for the management of other schools. 181 § 4. No religious instruction shall be given in said school except such as is allowed by law to be given in public schools; but the board of education shall make suitable regulations so that the inmates may receive religious training in accordance with the belief of the parents of such children, either by allowing religious services to be held in the iostitution or by arranging for attendance at public service else- where. § 5. It shall be the duty of the truant officer or agent of such board of education to petition, and any reputable citizen of the city may petition, the county or circuit court of the county, to inquire into the case of any child of compulsory school age who is not attend- ing school, and who has been guilty of liabitual truancy, or of persis- tent violation of the rules of the public school, and the petition shall also state the names, if known, of the father and mother of such child, or the survivor of them; and if neither father nor mother of such child is living, or can not be found in the county, or if their names can not be ascertained, then the name of the guardian if there be one known; and if there be a parent living whose name can be ascer- tained, or a guardian, the petition shall show whether or not the father or mother or guardian consents to the commitment of such child to such parental or truant school. Such petition shall be veri- fied by oath upon the belief of the petitioner, and upon being filed the judge of the county or circuit court shall have such child named in tlie petition brought before him for the purpose of det^^rmining the application in said petition contained. But no child shall be committed to such school who has ever been convicted of any offense punishable by coufiuement in any penal institution. § 6. Upon the finding of such petition the clerk of the court shall issue a writ to the sheriff of the county directing him to bring such child before the court, and if the court shall find that the material facts set forth in tiie petition are true, and if, in the opinion of the court, such child is a fit person to be committed to such parental or truant school, an order shall be entered that such child be committed to such parental or truant school, to be kept there until he or she arrives at the age of fourteen years unless sooner discharged in the manner hereinafter set forth. Before the hearing aforesaid notice in writing shall be given to the parent or guardian of such child, if known, of the proceedings about to be instituted, that he or she may appear and resist the same if they so desire. § 7. It shall be the duty of the parent or guardian of any child committed to this school to provide suitable clothing upon his or her entry into such school and from time to time thereafter as it may be needed, upon notice in writing from the superintendent or other proper officer of the school. In case any parent oi guardian shall refuse or neglect to furnish such clothing, the same may be provided by the board of education, and such board may have an action against such parent or guardian of said child to recover the costs of such clothing with 10 per cent additional thereto. 182 § 8. The board of education of such city shall have power to es- tablish rules and regulations under which children committed to such parental or truant school may be allowed to return home upon parole, but to remain while upon parole in the legal custody and under the control of the officers and agents of such school, and subject at any time to be taken back within the enclosure of such school by the su- perintendent or any authorized officer of said school except as here- inafter provided; and full power to enforce such rules and regula- tions to retake any such child so upon parole is hereby conferred upon said board of education. No child shall be released upon parole in less than four weeks from the time of his or her commitment, nor thereafter until the superintendent of such parental or truant school shall have become satisfied from the conduct of the child that, if paroled, he or she will attend regularly the public or private school to which he or she may be sent by his or her parents or guardian and shall so certify to the board of education. § 9. It shall be the duty of the principal or other persons having charge of the school to which such child so released on parole may be sent to report at least once each month to the superintendent of the parental or truant school, stating whether or not such child at- tends school regularly and obeys the rules and requirements of said school; and if such child so released upon parole shall be regular in his or her attendance at school and his or her conduct as a pupil shall be satisfactory for a period of one year from the date which he or she was released on parole, he or she shall then be finally dis- charged from the parental or truant school, and shall not bb recom- mitted thereto except on petition as hereinbefore provided. § 10. In case any child released from said school upon parole, as hereinbefore provided, shall violate the conditions of his or her pa- role at any time within one year thereafter, he or she shall upon the order of the board of education, as hereinbefore provided, be taken back to such parental or truant school and shall not be again released upon parole within the period of three months from the date of such re-entering; and if he or she shall violate the conditions of a second parole he or she shall be recommitted to such parental or truant school and shall not be released therefrom on parole until he or she shall remain in said school at least one year. § 11. In any case where a child is found to be incorrigible and his or her influence in such school to be detrimental to the interests of the other pupils, the board of education may authorize the super- intendent or any officer of the school to represent these facts to the circuit or county court by petition, and the court shall have author- ity to commit said child to some juvenile reformatory. § 12. Boards of education in cities having a population of over 25,000 and less than 100,000 may establish, maintain and operate a parental or truant school for the purposes hereinafter specified, and in case of the establishment of such a school, the boards of education shall have like power in their respective cities as herebefore [herein- before] expressed: Provided, that no board of trustees or board of 183 eduoation under this section shall put this law into effect until sub- mitted to a vote of the people and adopted by a majority vote at some general election. Approved April 24, 1899. teachers' pension fund. An Act to provide for the formnfion and disbursement of a public school teachers^ and public school ewploy^s^ pension and retirement fund in cities having a population exceeding one hundred thousand inhabitants. Section 1. Be it enacted bij the People of the State of Illinois ^ represented in the General Assembly: That the board of education in cities having a population exceeding 100.000 inhabitants, shall have power, and it shall be the duty of said board to create a public school teachers' and public school employes' pension and retirement fund, and for that purpose set apart the following moneys, to-wit: 1. An amount not exceeding 1 per cent per annum of the re- spective salaries paid to teachers and school employes elected by such board of eduoation, which amount shall be deducted in equal install- ments from said salaries at the regular times for the payment of such salaries. 2. All moneys received from donations, legacies, gifts, bequests^ or otherwise, on account of said fund. 3. All moneys which may be derived from any and all sources: Provided, however, that no tax shall ever be levied for said fund, 4. Any public school teacher or public school employ^, a part of whose salary is now or may hereafter be set apart to provide for the fund herein created by this act, may be released from the necessities of making further payments to said fund by filing a written notice of his or her desire to withdraw from complying with the provisions of this act, with said board of trustees, which said resignation shall operate and go into effect immediately upon its receipt by said board of trustees. (As amended by act approved May 11, 1901.) § 2. The board of education, together with the superintendent of schools, and two representatives to be selected annually by the teachers and employes of the public schools under control of said board, shall form a board of trustees, a majority of whom shall de- termine the amount to be deducted from the salaries paid to teachers and employes as aforesaid, and shall have charge of, and administer said fund, and shall have power to invest the same as shall be deemed most beneficial to said fund, in the same manner and sub- ject to the same terms and conditions as township treasurers are permitted to invest school funds in article four (4) of an act en- titled "An act to establish and maintain a system of free schools," in force May 4, 1899, and shall have power to make payments from said fund of annuities granted in pursuance of this act, and shall from time to time make and establish such rules and regulations for the administration of said fund as they shall deem best. 184 § 3. Said board of education shall have power, by a majority vote 'of all its members, to retire any female teacher or other female school ismploy^ who shall have taught in public schools or rendered service therein for a period aggregating 20 years; and any male teacher or male school employ^ who shall have taught or rendered service for a period aggregating 25 years, and such teacher or school employ6 also shall have the right after said term of service to retire and become a beneficiary under this act: Provided, however, that three- fifths of said term of service shall have been rendered by said bene- ficiary within the limits of the municipality where said board of 'education has jurisdiction. § 4. Each teacher and school employ^ so retired or retiring shall "thereafter be entitled to receive as an annuity one-half of the annual salary paid to said teacher or employ^ at the date of such retirement, -said annuity to be paid monthly during the school year: Provided, however, that such annuity shall not exceed the sum of six hundred -dollars ($600), which shall be paid by said board of education out of the f and created in accordance with this act in the manner provided by law for the payment of salaries. § 5. Said board of trustees is hereby given the power to use both the principal and the income of said fund for the payment of an- nuities hereinbefore mentioned, and shall have power to reduce, from time to time, the amount of all annuities: Prodded, that such iireduction shall be at the same rate in all cases. '■§ 6. The president and secretary of such board of education shall certify monthly to the city treasurer all amounts deducted from the salaries of teachers, special teachers, principals and employ68 of the board of education in accordance with the provisions of this act, which amounts, as well as all other moneys contributed to said fund, shall be set apart and held by said treasurer as a special fund for the purpose hereinbefore specified, subject to the order of said board of education, superintendent of schools, and two representatives, as aforesaid, and shall be paid out upon warrants signed by the presi- dent and secretary of said board of education. § 7 The city treasurer shall be custodian of said pension fund, and shall secure and safely keep the same subject to the control and direction of said board of trustees, and shall keep his books and ac- counts concerning said fund in such a manner as may be prescribed by the said board. And said book and accounts shall always bo subject to the inspection of the said board or any member thereof. The treasurer shall, within ten days after his election or appoint- ment, execute a bond to the city, with good and sufficient securities, in such penal sum as the said board shall direct, to be approved by the said board, conditioned for the faithful performance of the duties of his office, and that he will safely keep, and well and truly account for all moneys and profits which may come into his hands as such treasurer, and that on the expiration of his term of office he will surrender and deliver over to his successor all unexpended moneys and all property which may come into his hands as treasurer of 185 dBUch fund. Such bond shall be filed in the office of the clerk of such ■city, and in case of a breach of tlie same or the conditions thereof, suit may be brought on the same in the name of said city for the use of said board of trustees or of any person or persons injured by such breach. § 8. No teacher or other school employ^ who has been or who shall have been elected by said board of education shall be removed or discharged except for cause upon written charges, which shall be investigated and determined by the said board of education whose action shall be final. If at any time a teacher or school employ^ who is willing to con- tinue is not re-employed or is discharged before the time when he or she would under the provisions of this act be entitled to a pension, then such teacher or school em ploy 6 shall be paid back at once all the money, with interest, he or she may have contributed under the law. Approved May 21, 1895. employes' pension fund. An Act to provide for the formation and disbursement of a public school emploii^s'' pension fund in cities having a popidation ex- ceeding one hundred thousand inhubdants. Section 1. Be it enacted by the People of the State of Illinois, represented in the Oeneral Assembly : That the board of education in cities having a population exceeding 100,000 inhabitants shall have the power, and it shall be the duty, to create a public school employes' pension fund, which shall consist of amounts retained from the salaries or wages of emploj^s, as hereinafter provided which amounts shall be deducted in equal monthly installments from such salaries or wages, at the regular time or times of the pay- ment thereof, and all moneys derived from any and all other sources whatever. § 2. The term "employ^" under this act shall include only engin- eers, janitors and office employes in the employ of said board of edu- cation, earning over $-49 dollars per month, and this act shall apply only to those employes who voluntarily accept and agree to comply with its provisions. Any employ^, a part of whose salary may be set apart hereafter to provide for the fund created by this act, may be released from the necessity of making further payments to said fund, by tiiiug a written notice of his or her desire to withdraw from com- plying with the provisions of this act, with the board of trustees hereinafter mentioned, which said resignation shall operate and go into effect immediately upon its receipt by said board of trustees. § 3. The city treasurer, subject to the control and direction of the board of trustees hereinafter mentioned, shall be the custodian of said pension fund, and shall secure and safely keep the same, as well as all funds in his possession heretofore contributed under the pro- visions of any law relating to the retirement or pensioning of public 186 school employes, and shall keep books and accounts concerning said fund, in such manner as may be prescribed by said board of trustees, which said books and accounts shall always be subject to the in- spection of said board of trustees, or of any member thereof. The city treasurer shall, within ten days after his election or ap- pointment, execute a bond to the city, with good and suflBcient sure- ties, in which penal sum as the said board of trustees shall direct, which said bond shall be approved by the said board of trustees, and shall be conditioned for the faithful performance of the duties of said office, and that he will safely keep and well and truly account for all moneys belonging to said pension fund, and all interest thereon, which may come into his hands as such treasurer, and that upon the expiration of his term of office, or upon his retirement therefrom for any cause, he will surrender and deliver over to his successor ail unexpended moneys, with such interest as he may have received thereon, and all property which may have come into his hands as treasurer of said pension fund. Such bond shall be filed in the office of the clerk of said city, and in case of a breach of the same, or the conditions thereof, suit may be brought on the same in the name of the said city for the use of said board of trustees, or of any person or persons injured by such breach. § 4. The board of education shall, in the month of September immediately following the passage of this act, arrange for the elec- tion of a board of trustees of said pension fund, composed of six members, to be chosen as hereinafter provided, which election shall be held not later than October 30, of the same year. Said board of trustees shall have power, and it shall be its duty, to administer said fund and to carry out the provisions of this act, and for the purpose of enabling such board of trustees to perform the duties imposed and exercise the powers granted by this act, the board of trustees shall be, and is hereby declared to be, a body politic and corporate. § 5. The said board of trustees shall consist of the president and secretary of the board of education and four employ6s contributing to said fund. The president and secretary of the board of education shall be ex officio members of said board of trustees, and the other members shall be elected by ballot by the employes contributing to said fund, at the time and for the terms respectively as follows, to-wit: At the first election the contributors of said fund shall elect two of their number to serve for the term of one year, and two to serve for the term of two years, and annually thereafter said contributors shall elect two of their number to hold office for the term of two years. § 6. Whenever any elective member of the board of trustees shall cease to be in the employ of said board of education his or her mem- bership in said board of trustees shall cease. Said board of trustees shall have power and it shall be its duty: (1) To determine the amount which shall be deducted from the salaries or wages paid to employes for the benefit of said pension fund: Provided, the amount of such deduction shall not be less than 187 twelve dollars nor more than forty-eight dollars per year for eaoh employ 6: And provided further, that no deduction shall be made from the salary or wages of any employ^ who received less than forty-nine dollars per month, nor shall any one who receives a salary of not less than forty-nine dollars per month participate in said fund. (2) To make all payments from said pension fund, pursuant to the provisions of this act. (8) To administer and invest in their discretion any part of the said pension fund remaining in the hands of said treasurer. (4) To pay all necessary expenses in connection with the admin- istration of said fund and carrying out the provisions of this act for which provision is not otherwise made. (5) To determine the amount to be paid as benefits or annuities under this act and to increase or reduce the same in their discretion: Provided, that no benefit or annuity shall exceed six hundred dollars per year. (6) To take by gift, grant or bequest, or otherwise any money or property of any kind, and hold the same for the benefit of said fund. (7) To purchase, hold, sell or assign and transfer any of the securities in which said fund, or any part thereof, may be invested. (8) To exempt any of said employes from the operation of this act, whenever in their judgment, the interests of said fund shall render such exemption necessary and advisable. (9) To fill any vacancy or vacancies in said board of trustees until the next annual election, as hereinbefore provided. (10) To make and establish all such rules for the transaction of their business, and such other rules, regulations and by-laws as may be necessary for the proper administration of said fund committed to their charge, and the performance of the duties imposed upon them. (11) They shall keep a full and complete record of their meetings and of the receipts and disbursements on account of such fund, and and also complete lists of all contributors to said fund, and of all an- nuitants receiving benefits therefrom, and such other records as in their judgment shall seem necessary, and shall make and publish an- nually a full and complete statement of their financial transactions. (12) Said board shall hear and determine all applications for benefits under this act, and shall have power to suspend any annuity whenever, in their judgment, the disability of such beneficiary has ceased, or for other good cause. (13) To compromise, settle or liquidate any claim against said fund, by surrendering the contribution or contributions of any indi- vidual or individuals, and make the necessary rules, prescribing the terms under which such settlements may be made, providing there shall be no rule allowing restitution of deductions from salaries after the contributor shall have become eligible to an annuity under this act. 188 § 7. Any contributor to said fund who shall have attained the age of fifty-five years, and shall have been in the service of said board of education for a period of ten years, and shall have contributed to said fund for the same period, shall have the right to retire and become a beneficiary under this act and to receive such benefit or annuity from said fund as shall be determined by said board of trustees, which said benefit or annuity shall be proportionate to the amount of the con- tributions of such employ^. § 8. Upon the death of any contributor, who is not nor has been a beneficiary under this act, the said board of trustees may pay an amount not exceeding one year's benefit to the widow, if any, of such deceased contributor, and if there be no widow said board of trustees may expend said amount for the benefit of the minor children, if any, of such deceased contributor. § 9. Any employ 6 who has heretofore retired from service, pur- suant to the provisions of an act entitled "An act to provide for the formation and disbursement of a public school teachers' and public school employes' pension and retirement fund in cities having a pop- ulation exceeding one hundred thousand inhabitants," approved May 31, 1895, in force July 1,1895, and has contributed to the fund created by said last mentioned act, shall be entitled to such portion of the full annuity provided for under this act as the board of trustees may determine. § 10. All sums heretofore contributed by employes under the pro- visions of an hct entitled "An act to provide for the formation and disbursement of a public school teachers' and public school employes' pension and retirement fund in cities having a population exceeding one hundred thousand inhabitants," approved May bl, 1895, in force July 1, 1895, shall be set apart and held by said city treasurer as a part of the fund created by this act, and subject to the provisions of this act. § 11. Any person who has been an employ^ of said board of education for a period of 20 years or more, and is a contributor to said fund, may retire from the service of said board of education upon 60 days' notice to be given to said board of trustees (unless such notice is waived by said board of trustees) and become an an- nuitant under this act. § 12. Any person who has contributed to said fund for a period of ten years or more may retire from the service of said board of education on account of serious disability, rendering him or her un- able to properly discharge his or her duties, upon one year's notice to be given to said board of trustees (unless such notice is waived by said board of trustees) and may become an annuitant under this act, and shall thereupon be entitled to receive for a period of two years (which may be extended upon proof of continued disability), such part of the annuity then allowed under the rules of said trus- tess, as said trustees may determine. § 18, Any employ^ who has been contributing to said fund for less than ten years, and who shall be dismissed or resign from the 189 service of 8aid board of education, may, up^ri application made within three months after the date of such dismissal or resignation, receive one-half of the total amount paid into said fund by such person so dismissed. § 14. The president and secretary of the board of education shall certify monthly to the treasurer of all amounts deducted in accord- ance with the provisions of this act from the salaries paid by the board of education, which amounts as well as all other sums contrib- uted to said fund under the provisions of this act, shall be set apart and held by said treasurer for the purpose hereinbefore specified, subject to the order of said board of trustees, and shall be paid out upon warrants signed by the president and secretary of said board of trustees. § 15. All annuities granted under the provisions of this act shall be exempt from attachment and garnishment process, and no annui- tant shall have the right to transfer or assign his or her annuity, either by way of mortgage or otherwise. § 16. All elections or appointments of employes by said board of education shall be made pursuant to the provisions of an act entitled "An act to regulate the civil service of cities," approved and in force March 20, 1895, such election or appointment to be permanent dur- ing efficiency and good behavior, and no em ploy 6 who has con- tributed to said fund shall be removed or discharged, except for cause, upon written charges, which shall be investigated arid de- termined by the board of education, whose action and decision in the matter shall be final. § 17. Any person who shall, directly or indirectly, avoid or seek to avoid any or all of the provisions of this act, or who shall, directly or indirectly, interfere with or obstruct the enforcement of any of the provisions of this act, shall be guilty of a misdemeanor, and shall on conviction thereof be punished by a fine of not less than fifty dollars and not exceeding one thousand dollars, or by imprison- ment in the county jail for a term not exceeding six months, or both such fine or imprisonment in the discretion of the court. § 18. All laws and parts of laws which are inconsistent with this act, or any provisions thereof, are hereby repealed. Appboved May 15, 1903. COMPENSATION OP JUDGES AND CLERKS. An Act to provide for fhe compensntionofjuflgps and clerJcs of elec- tion at elections at which trustees of schools and school directors are elected under the provii^ions of an act entitled ''An act to reg- ulate the holding of elections and declaring tJie result thereof in cities, vilUiges and incorporated towns in this State," approved June 19, 18S5. Section 1. Be it enacted hy the People of the State of Illinois, represented in the General Assembly: That at all elections held 190 under the provisions of an act entitled "An act to regulate the hold- ing of elections and declaring the result thereof in cities, villages and incorporated towns in this State," approved Jnne 19, 1885, and those amendatory and supplemental thereto, at which any trustee of school may have been heretofore or shall hereafter be elected, the expenses of such election shall be paid out of the treasury of such city, village and incorporated town. § 2. That all elections held under the provisions of said acts, at which a school director is elected, the expenses of such election shall be paid out of any funds belonging or appertaining to the district for which such director is elected. § 8. The corporate authorities of cities, villages, incorporated towns and school districts are hereby authorized and empowered to levy taxes for the purpose of paying election expenses. Approved June 8, 1889. STATE teachers' ASSOCIATION, An Act to authorize the Secretary of State to print the proceedings of the State Teachers' Association, Section 1. Be it enacted hy the People of the State of Illinois, represented in the General Assf-mbly: That the Secretary of State is hereby authorized and empo. The trustees of said school shall receive only their personal and traveling expenses, and the Auditor is hereby authorized to is- sue warrants quarterly, upon presentation of itemized statements of such accounts by said trustees, verified by affidavits, as to their actual personal and traveling expenses. Approved April 24, 1899. COUNTY NORMAL SCHOOLS. An Act to enable counties to eslablish caunty normal schools. Seotlon 1. Be it enacted by the People of the State of Illinois, represented in the General At^sembly : That in each county adopt- ing township organization, the b *Hrd of supervisors, and in other counties the county court, may establish a county normal ecliool for the purpose of fitting teachers for the common schools. That they sliali be authorized to levy taxes and appropriate moneys for the sup- port of said schools, and also for the jjurchase of necessary grounds and buildings, furniture, apparatus, etc., and to hold and acquire, by gift or purchase, either from iurlividuais or corporations, any real estate, buildings or other property, for the use of said schools, said taxes to be levied and collected as all other county taxes: Provided, that in counties not under township organization, county courts shall not bn authorized to proceed under the provisions of this act until the subject shall have been submitted to a vote of the people, at a general election, and it shall aj^pear that a majority of all the votes cast on the subject, at said election, shall be in favor of the establish- ment of a county normal school. The ballots used in voting on this subject may read: "For a county normal school" or "Against a -county normal school." 211 § 2. The management and control of said school shall be in a county board of education, consisting of not less than five or more than eight persons, of which board the chairman of the board of supervisors, or the judge of the county court, as the case may be, and the county superintendent of schools, shall be t^x .—..-...... Penalty for refnssJ to pay over., CJompiiT&tioii of ..K. DntF of officers- Power w levy... Rare, BULE*— Excuse, virloe n. Hbsi be reasonable .. Seasonable, 'vha* a?; Teacher bound by ... . ITnreasonabls. irlieE.. . SCHEDrLE?— Deli-f-err :; Form of Beceipi for Teacher to niake SCH0LAS5HIP5— TJniversiiy .... SECTASIAX PUBPOSE— Appropiiaiion for. proMbised.. Cannot be made indirectly. Chnrei may be tised for school room... Consnnitional provision relactnr w..-.^^....—. . Bent paid zo ehtireh not illesrf^. Schools ear -not aid sectarian denaBUBBtieai.. SITE— Control of. vested in direexiHS Dedication. .. - .... I>e8cr-ption of. Diredors iiave no inseresi in title to. .. May select, "when ...... — . Discretionary power to act on ...^ Injtmetioi; ^ranssd. ^riien -. May be rented. May be sold when unsuluible . May pass over owner's land to......... Must build on one chosen. Perversion of ... ... . ... Stiit to compel deed for Tote of people neeeaBaiy."when. sorrsEsv rLmNOis -stobmai. uxitebsitt- A eorporation Powers of... ..___ — Aeeotmts.. .. ..__...._.. Settlefl annti^_y .. Treastirer shall '^eep ISl 145 2 1^ 2 16 lis 29 29 SO 29 7S 79 30 10 29 79 30 79 195 195 1S7 197 187 116 13.. ...^ inn 2.. 2. 106 112 3. .... 114 9. 113 11. US S. ..... 116 12 V& S»2. 103 202. 71 26 S 70 26 3 70 26 1 70 26 2 - 26 « 108 15- 101 U. 15. 14. in' im 12 3 1 12 4 3 12 1 12 2 il 31 3 31 12 31 1 31 31 1 31 3 31 4 32 31 2 31 2 31 4 2 IS SI 4 1 1...... 8 8 € 243 Index — Continued . SOCTHEfiN ILLINOIS NORMAL UNIVERSITT-C.