379.14 I *0 61o 1877 ILLINOIS School Law, INCLVDING THE LATEST AMENDMENTS AND ACTS. 1872 - 1877 . THE ILLINOIS SCHOOL LAW. 1872-18TT. AN ACT — TO — ESTABLISH AND MAINTAIN — A — System of Free Schools APPROVED APRIL 1, 1872. INCLUDING AMENDMENTS TO SECTIONS 24 AND 33, APPROVED MAY 23, 1877, WITH AN APPENDIX CONTAINING ALL ACTS RELATIVE TO SCHOOLS, IN FORCE JULY 1, 1877. SPRINGFIELD: D. W. LUSK, STATE PRINTER AND BINDER. 1877. EXTRACT FROM THE- COXSTITUTIOX OF ILLINOIS. ARTICLE VITI. EDUCATION. § 1. The general assembly shall provide a thorough and efficient system of free schools, whereby all children of this State may receive a good common school education. § 2. -A.11 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 tlie objects for which such gifts or grants w^ere made. § 3. Neither the general assembly nor any county, city, town, township, school district, or other public corporation, shall ever make any appropriation or pay from any public fund whatever, anything in aid of any church or sectarian pur 23 ose, or to help support or sus¬ tain any school, academy, ^ seminary, college, university, or other literarv or scientific institution, controlled by any church or sectarian denomination whatever; nor shall anv grant or donation of land money or other personal property ever be made by the state or an v such public corporation, to any church, or for any sectarian purpose.* teacher, state, county, township, or district school officer shall be interested in the sale, proceeds or profits of any book, appara- tus 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 a.ssembly. § 5. There may he a^ county superintendent of schools in each county, whose qualifications, poAver?, duties compensation and time. election, and term of office, shall be prescribed by 780512 v, .. t. .V''-; : A IA I, .. '>'■' ' I * ■ ■ ‘ ' . , > ■.' r.’ ■: ■ ■■■y i ■ ■ ' ■ i'*':• ■ • .’A./* A ' . « • • ■ • \ ‘ ' ■ : .V ^ . 1 , ■■ ri'tol.'J .-i V •> .-* ' V**'.’ • -I ' > • V .. ^ J . . ■ . i ’ .V i. f*- 1 V.‘ ... • vv‘r;.^i-A . :\y i. f r '' rf. A ■?' "A ■ « ■ iv;(^v ' • if ! . ,'''■ :'v'. ^ J V ■i,, s'' .’ ' / I . »■» i . !■ ;’f'■ 'j., ^ 'i ‘ tr/T' ■ ; ..q ll';'Avi; : '‘v-^ J‘;:;j ■■ “ ' - ■ vs..;. 'l W -■■ ' V' ' ■ ■ ■ ' ' ' '-^'V -■•<''.HVCj!/■-1 ?/i. 4x,'V^fA t. •( J ;■• r'‘>>.< i'-\' ' .'VxJ .i . 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If'* ‘ ' . 1 , ',' 7. ■' • ' j ' ' X » '. • ■ ■. -Jl^'-i-'' ', ; ■ ■' ' A X yM ,'M'' '■''v;5f II A- 1 A‘N ACT TO ESTABLISH AND MAINTAIN A SYSTEM OF FREE SCHOOLS. Section 1. Be it enacted by the People of the State of Illinois^ repi'esented in the General Assembly: STATE SUPERINTENDENT OF PUBLIC INSTRUCTION—HIS ELEC¬ TION AND DUTIES. That at the election to be held on Tuesday after the Timeofeie#- first Monday of November, in the year of our Lord one thou-^^®^' and eight hundred and seventy-four, 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. § 2. Before entering on his duties he shall take and sub- oath and bond, scribe the oath of office prescribed by the constitution, and shall also execute a bond, in the penalty of twenty-five thousand dollars, payable to the State of Illinois, with secu¬ rities to be approved by the Governor, conditioned for the prompt discharge of his duties as Superintendent of Public Instruction, and for the faithful application and disposition, according to law, of all school moneys that may come into his hands by virtue of his office. Said bond and oath shall be deposited with the Secretary of Sate, and an action may be maintained thereon by the State, at any time, for a breach of the conditions thereof. § 3. It shall be his duty to keep an office at the seat of government of the State, and to file all papers, reports andSSce. public documents transmitted to him by the school officers of the several counties, each year separately, and to keep and preserve all other public documents, books and papers relative to schools, coming into his hands as State Superin¬ tendent, and to hold the same in readiness to be exhibited to the Governor, or to any committee of either House of the General Assembly; and shall keep a fair record of all mat¬ ters pertaining to the business of his office. 6 § 4. He shall, without delay, pay over 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 prescribed by law. § 5. He shall counsel and advise, in such manner as he may deem most advisable, with experienced and practical school teachers, as to the best manner of conducting com¬ mon schools. Adriser of § 6. Said Superintendent shall have the supervision of Sten^denS^^* all the common and public schools in the State, and shall be the general adviser and assistant of County Superinten¬ dents of Schools in this State: he shall from* time to time, as he shall deem for the interests of schools, address circu¬ lar letters to said superintendents, giving advice as the best manner of conducting schools, constructing school houses, furnishing the same, examining and procuring com¬ petent teachers. EeporttogoT- § 7. Said State Superintendent shall, on or before the ernor. fifteenth day of December preceding each regular session of the General Assembly, report to the Governor the condi¬ tion 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 first of October; what part of said number have been taught by males exclusively, and what part by females exclusive¬ ly ; 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 schol¬ ars in attendance at said schools; the number of persons in each county under twenty-one years of age, and the num¬ ber of such persons betw^een the ages of twelve and twenty- one 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 interest of the township and the county fund annually paid out; the amount raised by an ad valorem tax; the whole amount an¬ nually 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 descrip¬ tion 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, and total amount purchased, and what quantity and how distributed; and the number and condition of the liljraries, together with such other infor¬ mation and suggestions as he may deem important in rela¬ tion to the school laws, schools, and the means of promoting education thi'oughout the State ; which report shall be laid before the General Assembly at each regular session. § 8. The said State Superintendent of Public Instruc¬ tion shall make such rules and regulations as may be neces¬ sary and expedient to carry into efficient and uniform effect the provisions of this act, and of all thelaw^s which now are or may hereafter be in force for establishing and maintain- 7 ing free schools in this State ; and shall be the legal adviser of all school officers, and when requested by any such school officer, shall give his opinion in writing upon any question arising under the school laws of this State. § 9. The said State Superintendent shall have power to direct and cause the County Superintendent of any county, directors or boards of trustees or township treasurer of arw township, or other school officer, to withhold from any offi¬ cer, 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 officer shall have executed and filed all official bonds and accounted for all common school or township or other school funds wffiich have heretofore come into his hands, as required of him by this act. § 10. And the said state superintendent shall receive, annually, such sum as 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 per¬ taining to his office—to be audited and paid by the state, as the salaries and contingent expenses of other officers are paid. COUNTY SUPERINTENDENTS—THEIR ELECTION AND DUTIES. § 11. On the Tuesday next after the first Monday in No¬ vember, one thousand eight hundred and seventy-three, and every four years thereafter, there shall be elected by the qualified voters of every county in this state, a county superintendent of schools, who shall perform the duties re¬ quired by law. He shall, before entering upon his duties, take the oath prescribed by the constitution, and execute a bond, payable to the state of Illinois, with two or more re¬ sponsible freeholders as security, to be approved by the county board, or judge and clerk of the county court, in penalty of not less than twelve thousand dollars, to be in¬ creased at the discretion of said board, conditioned that he will faithfully perform all the duties of his office according to the laws wffiich are or may be in force; by which bond the obligators shall be bound jointly and severally, and upon which an action or actions may be maintained by the board of trustees in the proper township, for the benefit of any township or fund injured by any breach thereof; and joint action may be had for two or more funds. § 12. The bond required in the foregoing section shall be in the following form, viz: State of Illinois, ) . 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 payment of which we bind ourselves, our heirs, exe¬ cutors and administrators, firmly by these presents. In witness whereof we have hereunto set our hands and seals, this.day of ., A. D. 18... To be legal ad¬ viser of sch(X)l officers. May cause fun as to be withheld. Salary and of¬ fice expenses. Election. Oath and bond. Form of bond. 8 County super¬ intendent lia¬ ble to removal. Supervisors may require a new bond. Vacancies. Books required to be kept. To pass upon bond of town¬ ship treasurer. The condition of the above obligation is such that if the above bounden A B, county superintendent of the county aforesaid, shall faithfully discharge all the duties of said office, according to the laws whi(ffi*^ow are or may hereafter be in force, and shall deliver over to his successor in office all moneys, books, papers and property in his hands, as such county superintendent, then 'this obligation to be void; otherwise to remain in full force and virtue. A B, C D, E F. SEAL. SEAL SEAL.' And which bond shall be filed in the office of the county clerk. § 13. The said superintendent shall be liable to removal by the county board for any palpable violation of law or omission of duty; and if a majority of said board shall at any time be satisfied that his bond is insufficient, it shall be his duty, on notice, to execute a new bond, to be payable, conditioned and approved as the first bond, the execution of which shall not affect the old bond, or the liability of the security thereof; and when the office of county superinten¬ dent shall become vacant by death, resignation or other¬ wise, the county board shall fill the same by appointment, and the person so appointed shall hold his office until the next election of countv officers, at wffiich election the county ooard shall order the election of a successor. § 14. The said superintendent shall provide three well bound books, to be known and designated by the letters A, B, C, for the following purpose: In book A, he shall re¬ cord, at length, all petitions presented to him for the sale of common school lands, and the plats and certificates of valu¬ ation made by or under the direction of the trustees of schools, and the affidavits in relation to the same. In book B, he shall keep an account of all sales of common school lands ; which account shall contain the date of sale, name of purchaser, description of land sold, and the sum sold for. In book C, he shall keep a regular account of all moneys re¬ ceived for lands sold, or otherwise, and loaned or paid out; the person of whom received, and on what account, and showing whether it is principal or interest; the person to whom loaned, the time for wffiich the loan was made, the rate of interest, the names of the securities when personal security is taken, or, if real estate is taken as security, a description of said real estate, and if paid out, to whom, when, and on what account, and the amount paid out; the list of sales and the accounts of each township fund to be kept separate. Said books shall be paid for out of the countrv treasurv of the counties in which thev are used. § 15. 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 to be in all respects according to law, and the securi¬ ties good and sufficient, he shall indorse his approval there¬ on, and file the same with the papers of his office; but if said bond is in any respect defective, he shall return it for correction. When the bond shall have been dulv received and filed, the superintendent shall, on demand, deliver to said township treasurer all moneys, bonds, mortgages, notes and securities, and all papers of every description belong¬ ing to said township; and the said towmship treasurer shall receipt for the same, which receipt shall be carefully filed and preserved by the county superintendent, and shall be evidence of the fact therein stated. § 16. Upon the receipt of the amount due upon the tor’s Avarrant, the county superintendent shall apportion ship. said amount to the several toAvnships and parts of toAvn- ships in his county in which townships or parts of toAvn- ships schools have been kept in accordance Avith the pro¬ visions of this act and Avith the instructions of the state and county superintendent, according to the number of children, under tAventy-one years of age, returned to him, and shall pay over the distributive share belonging to each toAvnship and fractional township, to the respective toAvn- ship treasurers, or other authorized person, annually: Pro- t,, vided^ That no part of the state, county, or other school fund be paid tiii shall be paid to any toAvnship treasurer, or other person ^ authorized by said treasurer, unless said township treasurer, has filed his bond, as required by the fifty-fifth section of this act, nor in case said treasurer is reappointed by the trustees, unless he shall have reneAved his bond and filed the same as aforesaid. § 17. On or before the first Monday of November before Report to state each regular session of the general assembly, or annually, superintendent if so required by the state superintendent, the county super¬ intendent shall communicate to said state superintendent all such information and statistics upon the subject of schools in his 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; Liable to re- and any county superintendent so failing or refusing to port, shall be liable to removal by the county board for such neglect of duty. § 18. The county superintendent, upon his removal or resignation, or at the expiration of his term of service (or in case of his death, his representatiA^es), 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. § 19. The county superintendent may loan any money, not interest, belonging to the county fund, before the same Toioaueouu- is called for, according to laAV, 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 rela¬ tion to the township treasurers, and apportion the interest as provided in section sixteen of this act; and notes and interestappor- mortgages taken in the name of the “ county superintend- ent ” of the proper county, are hereby declared to be as valid as if taken in the name of “ trustees of schools ” of the proper toAvnship, and suits may be brought in the name of 10 mortgagS^^^n county superintendePits,” on all notes and mortgages here- his favor. tofore or hereafter made payable to the county superinten¬ dents. Visitation of schools. Official adviser. Controveries —appeal. Failure of trus¬ tees to furnish statistics. County super¬ intendent t o employ a com¬ petent person. Suit against the trustees as individuals. May re-sell real estate. § 20. It shall be the duty of the county superintendent,, if so directed by the county board, to visit, at least once in each year, every school in his county, and to note the methods of instruction, the branches taught, the text books used, and the discipline, government and general condition of the schools. He shall give such directions in the science^ art and methods of teaching as he may deem expedient and necessary, and shall be the official adviser and constant as¬ sistant of the school officers and teachers of his county, and shall faithfullv carrv out the advice and instruction of the state superintendent. He shall encourage the formation and assist in the management of county teachers’institutes, and labor in every practicable way to elevate the standard of teaching and improve the condition of the common schools of his county. In all controversies arising under the school law, the opinion and advice of the county super¬ intendent shall first be sought, whence appeal may be taken to the state superintendent, upon a written statement of facts, certified by the county superintendent. § 21. 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 said county superintendent to employ a competent person to take the enumeration and furnish said statistical statement, as far as practical, to the super¬ intendent ; and said person so employed shall have free access to the books and papers of said township, to enable him to make such statement; and the township treasurer, or other officer or person in whose custody such books and papers may be, shall permit said person to examine such books and papers, at such times and places as such person may desire for the purposes aforesaid; and the said county superintendent shall allow, and jDay to the person %o em¬ ployed by him, for the services, such amount as he may judge reasonable, out of any money which is or may come into said superintendent’s hands, apportioned as the share of, or belonging to such township; and the said county superintendent shall proceed to recover and collect the amount so allowed or paid for such services, in a civil action before any justice of the peace in the county, or before any court having jurisdiction, in the name of the People of the State of Illinois, of and against the trustees of schools of said township, in their individual capacity; and in such suit or suits the said county superintendent and township treasurer shall be competent witnesses ; and the money so recovered, when collected, shall be paid over to the county superintendent for the benefit of said township, to replace the money taken as aforesaid. § 22. When any real estate shall have been taken for 11 debts due to any school fund, the title to which real estate has become vested in any county superintendent, or trus¬ tees of schools, for the use of the inhabitants of one or more townships, the county superintendent, or trustees of schools, may re-sell such real estate for the benefit of said township or townships, under the provisions of this act regulating the sale of the common school lands, and the said superintend¬ ent, or trustees of schools, is hereby authorized to execute conveyances to purchasers. TOWNSHIPS—TRUSTEES OF SCHOOLS. §.23. Each congressional township is hereby established school town- a township for school purposes, but when any fractional ship, township contains less than forty persons under twenty-one years of age, the trustees thereof, upon a petition of a 'ma¬ jority of the inhabitants of such fractional township, may, by written agreement entered into with the board of trus¬ tees of any adjacent township, consolidate the territory. Fractional school funds and other property of such fractional township townships^may 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 prop¬ erty aforesaid shall thereafter be managed by the board of trustees of the adjacent and consolidated township, in ac¬ cordance with the terms of agreement aforesaid, in the same rfian ner as is or may be provided by law for the management of the territory, funds and other property of school town¬ ships. The business of the township shall be done by three Trustees a trustees, to be elected by the legal voters of the township, body poutic. who, upon their election, as hereinafter provided, shall be a body politic and corporate, by the name and style of “ Trus¬ tees of Schools of Township., Range.according to the number. The said corporation shall have perpetual ex¬ istence; shall have power to sue and be sued, to plead and be impleaded in all courts and places where judicial pro¬ ceeding are had. Said trustees shall continue in office three years, and until others are elected and enter upon the duties of their office. At the first regular election of trus¬ tees, after the passage of this act, a successor to the trustee whose term of office then expires shall be elected, and there¬ after one trustee shall be elected annuallv. Term of office. § 24. No person shall be eligible to the office of trustee j.ggi, of schools, unless twenty-one years of age, and a resident of rteuce. 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. [As amended by act approved May 23,1877.] § 25. The election of trustees of schools shall be on the Election second Saturday in April, annually; but in townships where such election has not been heretofore had, or where there are no trustees of schools, the election of trustees of schools 12 postpone tioa may be holden on any Saturday, notice beinsc giyen as hereinafter in this section required. The first election shall be ordered, if in townships already incorporated, by the trustees of schools of the township, the township treas¬ urer giying notice of the time and place by posting notices of the same at least ten days preyious to the day of election, in not less than fiye of the most public places in the town¬ ship. If there are no trustees of schools in a township, the county clerk shall cause the notice to be giyen as aforesaid, and in such case the trustees elected at their first meeting shall draw lots for their respectiye terms of office for one, two and three years, and thereafter one trustee shall be elected annually, to fill the yacancy occurring. For all subsequent elections, the like notices shall be given by-the Judges may trustees of schools, through the township treasurer: Pro- that if upon any day appointed as aforesaid, for election aforesaid, the said trustees of schools, or judges, shall be of opinion that, on account of the small attendance of voters, the public good requires it, or if the voters present, or a majority of them shall desire it, they shall postpone said election until the next Saturday, and at the same place and hour; at which meeting the voters shall proceed as if it were not a postponed or adjourned meeting: And, proxided, also, that if notice shall not have been given as above required, then, and in that case, said election may Election cube Ordered as aforesaid, and holden on the first Saturday in any Saturday. ]\Xay, or any other Saturday ; notice thereof being given as aforesaid: And, provided, also, that if the township treas¬ urer shall fail or refuse to give notice of the regular election of trustees, as aforesaid, and if, in case of a vacancy, the re¬ maining trustee or trustees shall fail or refuse to order an election to fill such vacancy, as required in section twenty- nine of this act, then, and in each case, it shall be the County super- duty of the county superintendent to order an election of dT/eiwUon!°'^ trustees to fill such vacancies, as aforesaid; and all elec¬ tions so ordered and held shall be valid to all intents and purposes whatever. § 26. The trustees of schools of incorporated townships, present, shall act as judges, and choose a person to act as clerk of said election. If said trustees (or any of them) shall fail to attend, or refuse to act when present, the elec¬ tors present shall choose from their own number such addi¬ tional judges as may be necessary ; and in townships unin¬ corporated, the qualified voters present shall choose from amongst themselves the number of judges required to open and conduct said election. coHduct of § 27. The time and manner of opening, conducting and elections. closing Said election, and the several liabilities appertaining to the judges and clerks, and to the voters separately and Contesting collectively, and the manner of contesting said elections, 'elections. shall be the same as prescribed by the general election laws of this state defining the manner of electing magistrates and constables, so far as applicable, subject to the provision.^ Judges of elec¬ tion. 13 of this act: Provided^ that said election may commence, closed ^at^four so specified in the notice, at any hour between the hours of o’clock, p. m. eight A. M. and one P. M., and the judges may close such election at four P. M. : And^ provided, further, that in counties adopting township organization, in each and every trusfels*^a?\he township whose boundaries coincide and are identical with town meeting, those of the town, as established under the township organi¬ zation laws, the trustee or trustees shall be elected at the same time and in the same manner as the town officers; and all elections heretofore held at such time and in such manner in such townships, are hereby legalized. And 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 trus¬ tees of schools, through the township treasurer, as provided in the twentv-fifth section of this act. § 28. No person shall vote at said election, nor at any other election held in pursuance of the provisions of this act, unless he possesses the qualifications of a voter at a general election. In case of a tie at such election, it shall be determined by lot, on the day of election, by the judges thereof. § 29. When a vacancy or vacancies shall occur in the vacancies, board of trustees of schools, the remaining trustee or trus¬ tees shall order an election to fill such vacancy, upon an}^ Saturday—notice to be given as required in section twenty- five hereof. § 30. Upon the election of trustees of schools, the judges Poii-book. of the election shall, within ten days thereafter, cause a copy of the poll-book of said election to be delivered to the county superintendent of the count}^ with a certificate thereon, showing the election of said trustees and names of the persons elected; which copy of the poll-book, with the certificate, shall be filed by said superintendent, and shall be evidence of such election. For failure to deliver such Failure to de¬ copy of poll-book and certificate within the time prescribed, the judges shall be liable to a penalty of not less than twenty-five nor more than one hundred dollars, to be recov¬ ered, in the name of the People of the State of Illinois, b}^ action of assumpsit, before any justice of the peace of the county; which penalty, when collected, shall be added to the township fund of the township. When trustees are Town officers elected at town meetings, as provided in section twenty- seven of this act, the officer or officers whose duty it is to make returns of said township election, shall make returns of such election of trustees to the county superintendent, within the time and subject to the same penalty for omission, prescribed in this section. § 31. The said trustees of schools, elected as aforesaid,, Successors to shall be successors to the trustees of school lands appointed school lands, by the county commissioners’ court, and of trustees of schools elected in townships, under the provisions of “ An act making provisions for organizing and maintaining com- 14 Meetings of trustees. Appointment of treasurer. Records of pro¬ ceedings. mon schools,” approved February twenty-six, one thousand eight hundred and forty-one, and of “An act to establish and maintain common schools,” approved March one, one thousand eight hundred and forty-seven. All rights of prop¬ erty, and rights and causes of action, existing or vested in the trustees of school lands, or trustees of schools, appointed or elected as aforesaid, for the use of the inhabitants of the township, or any part of them, shall vest in the trustees of schools as successors, in as full and complete a manner as was vested in the school commissioner (the trustees of school lands), or the trustees of schools appointed and elected as aforesaid. § 32. 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 may think proper. Special meetings of the board may be called by the president or any two members thereof; and at all meetings, tw'o members of the board shall be a quorum for business. The board shall organize by appointing one of their number president, and some per¬ son, who shall not be a director or trustee, and who shall be a resident of the township, treasurer, w^ho shall be ex-officio clerk of the board. The president and treasurer shall hold their offices for one year, and until their successors are ap¬ pointed ; but either of said officers may be removed by the board for good cause. It shall be the duty of the president to preside at the meetings of the board; and it shall be the duty of the clerk to be present at all meetings of the board, and to record, in a book to be provided for the - purpose, all their official proceedings, which shall be a public record, open to the inspection of any person interested therein; and all of said proceedings, when recorded, shall be signed by the 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, pro te^n- pore, may be appointed. DIVISION INTO DISTRICTS—MAP—ALTERATIONS, ETC. Trustees of schools in newly organized townships, o IS nc b. township into one or more districts, to suit the wishes and convenience of a majority of the inhabit¬ ants of the township, and shall prepare, or cause to be prepared, a map of the towmship, on wffiich map shall be designated the district or districts to be styled, when there are more than one. District No. —, in Township No. —, Range — of the — P. M. (according to the proper num¬ bers), county of-and State of Illinois, which districts they may change at any regular meetings, upon the fol¬ lowing conditions : Change of dis- First —Upon petition of a majority of the legal voters of the districts affected by the proposed change, the trustees of a township may change the boundaries, of any district lying wholly therein, or establish a new district or dis¬ tricts out of said territory, as the case may be. 15 Sa'ond —Upon a like petition, sehool districts may be formed out of parts of tAvo or more toAvnships or fractional townships, in which case the trustees of schools of said townships shall concur in the formation of such districts. Third —Upon petition of two-thirds of all the voters in anv territory, containiner not less than five fami- district has a lies, representing that they are not properly accommodated aeot. with school privileges, but wdll be by being added to another district, or formed into a ncAv district, and upon petition of a majority of the voters of such other district, if any, it shall be the duty of the trustees of the township or townships in which such territory, or territory and dis¬ trict, are situated, to set off such territory ; Provided^ That such change shall not be made w'hen the district, from which the petitioners desire to be severed has a bonded debt. Fourth —Upon petition of a majority of the voters of a district composed of parts of tAvo or more tOAvnships, it shall be the duty of each of the boards of trustees of the several toAvnships to provide for so much of the territory of said dsitrict as lies Avithin their respective townships, by annexing said territory to a district, or to districts alread}' formed or by the creation of a neAV district or districts, which shall include said territory. Fifth — Upon petition of a majority of the voters of any change of dis- district organized under a special act, and of the voters of spSai act. other districts affected by the proposed change, trustees of township or townships in Avhich such district is situ¬ ated shall change the boundaries of such district. Sixth —The board of school trustees are hereby granted i^isc^retionary discretionary poAvers in the matter of changing the bound- ries of school districts, and in creating new districts, w^hen petitioned by a majority of the legal voters to do so : Pro- vided, That such legal voters shall have the right to appeal from the decisons of said board to the county superinten¬ dent of schools, AA’hose 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 order the trustees to make such change or changes, and his action shall be final and binding. Seventh —When the trustees of schools shall organize a neAV district under the provisions of this section, it shall be their duty before the meeting at Avhich the neAV district or districts shall have been organized, to to ordereiec- order an election to be held within fifteen days thereafter, at some convenient time and place, within the boundaries of such ncAvly organized district, for the election of three school directors, notice being given by the tOAvnship treas¬ urer, Avho shall post up three notices of such election in three prominent places in said district, at least ten days prior to the time appointed for holding such election, wdiich notices shall specify the place Avhere such election is to be held, the time for opening and closing the polls, and object of said election. It shall be the duty of the legal voters present, five of whom shall constitute a quorum, to appoint 16 ganize. ship changes, showins three of their number, two of whom shall act as judges Directors to and One as clerk of said election. Within ten days after meet and or- election, it shall be the duty of the directors elected at said election, to meet at some convenient time and place, previously agreed upon by said directors, and organize as a district board, by appointing one of their number president, and also some suitable person clerk of the board, who shall by virtue of his office be clerk of the district. At this first meeting of the directors they shall draw lots for their respective terms of office for one, two and three years, each of which shall be considered a fractional term, ending at each annual meeting, according to the length of term drawn. Map of town- Whenever any changes, as provided in this section, are made, trustees of schools shall prepare, or cause to be pre¬ pared, a map of their township, showing the districts ac¬ curately ; which map shall be certified by the President and Clerk of the board, and filed with and recorded by the County Clerk in a book kept for that purpose, to be paid for out of the county treasury. AVhen a new district is formed from a part of a district, the trustees of a township or townships concerned shall proceed forthwith to make a distribution of any tax funds or other funds which are in the hands of the Treasurer, or to which the district may, at the time of such division, be entitled; so that both the old and new districts shall receive parts of such funds in proportion to the amount of taxes collected next preceding such divison of the taxable property in the territory com- Division of posing the Several districts. If the new district be com¬ posed of parts of two or more districts, the trustees shall make distribution of said funds between the new district and the old district respectively, so that the new district shall receive a distribution of the funds of each of the old districts in the proportion which the amount of taxes col¬ lected from the property in the territory of new district bears to the whole taxes collected, next before the division, in the old district; and the town treasurers shall forthwith place the sums so distributed to the credit of the respective districts, and shall immediately place the proportion of the said funds to which said new district may be entitled to its credit on his books, and the funds on hand shall be subject at once to the order of the directors of the new' district, and those not on hand, as soon as collected. The trustees Appraisal of of the towiiship or townships concerned shall, at the time rhstrict proper- the Creation of a new district, or within the period of thirty 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 apprais¬ ers, within thirty days after their appointment, to appraise the school property, both real and personal, of the district or districts interested, at their fair cash value. Within thirty days after such appraisement, the trus- Debts to be tees of the township 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 fund);. deducted. 17 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 apd credited as aforesaid, and of the funds then on hand, or subsequently to accrue, belonging to such district to which such property is charged, the trustees shall direct the treasurer to place to the credit of the district not retaining said property its proportion of the value of said property. If trustees shall fail to observe Trusteesiiiabie. the provisions of this section in reference to distribution of funds and property, they shall be individually and jointly liable to the district interested, in an action on the case, to the full amount of the damages sustained by the district aggrieved. Where trustees have heretofore failed to make distribution of property to districts as provided in this section, any district interested in the making of such dis¬ tribution may, by its directors, request the trustees, in writing, to proceed to make such distribution; and said trustees shall proceed to make distribution in the manner herein prescribed and shall be liable in like manner for neglect or failure. Within ten days after any changes are Map to be filed, made in district boundaries, whether by division, consoli¬ dation or otherwise, the towmship treasurer shall make a full record thereof in the record book of the trustees, and file a copy of said record together with a new map of the township, and a list of the tax-payers resident in each of the newly arranged districts, in the ofiice of the County Clerk. Compliance with these requirements, wdthin the said period of ten days, is hereby made essential to the validity of any alterations of district boundaries. If said ^ county clerk copy of record, plat of township and list of tax-payers shall list, be filed, as aforesaid, in the office of the county clerk, with¬ in ten days after the October meeting of the trustees, the county clerk shall thereupon correct the lists required to be filed on or before the first Monday in September under sec¬ tion forty-four (44) of this act. [As amended by act ap¬ proved May 23, 1877.] § 34. At the regular semi-annual meetings, on the first j^pportion- Mondays of April and October, the trustees shall ascertain the amount of state, county and township funds on hand and subject to distribution, and shall apportion the same as follows : First —Whatever may be due for the compensation and Basis of. the books of the treasurer, and such sum as may be deemed reasonable for dividing school lands, making plats, etc. Second —The remainder shall be divided among the dis¬ tricts or factions of districts, in which schools have been kept in accordance with the provisions of this act, and the , instructions oft he state and county superintendents, in pro¬ portion to the number of children under twenty-one years of age in each. The funds thus apportioned shall be placed on the books of the treasurer to the credit of the respective districts, and funds. —2 18 Transfer o l pupils. , Separate se'ned- ule.s. Teaelier lo be paid by vhich have been item taught in each year; what j^art of said number have been taught by males exclusively; 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- w^hole number of scholars in attendance at all the schools, giving the number of males and females separately. Tfdrd —The number of male and female teachers, giving each separately; the highest, lowest and average monthly compensation paid to male and female teachers, giving each item separately. Fourth —The number of persons under twent^^-one years mitersc of age, making a separate enumeration of those above the age of twelve years w’ho 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 the interest on the township fund paid into the township treasury; the amount raised by ad valorem tux and the amount of such tax received into the towmship treasury, and the amount of all other funds received into the township treasury. Six —Amount paid for teachers’ wages ; the amount paid for school house lots; the amount paid for building, repair¬ ing, purchasing, renting and furnishing school houses ; the amount paid for school apparatus, for books and other inci¬ dental 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 expendi¬ tures for school purposes, together with such other statis¬ tics and information in regard to schools as the state super¬ intendent or county superintendent may require. And any township from which such report is not received in the manner and tinn^ required bylaw, shall forfeit its fafiu7e^^ w® S portion of the public fund for the next ensuing year : Pro-'^^^- vided, That upon the recommendation of the county super¬ intendent, or for good and sufficient reasons, the state superintendent may remit such forfeiture. § 37. In cases-where a township is or shall be divided separate enu- by a county line or lines, the board of trustees of such town-“®^^‘^“' ship shall.make, or cause to be made, separate enumerations of male and female persons of the ages as directed in the 20 Statistics net divisalile. Examination ley te-nstees. Title of school houses. Directors to have control of school houses— may grant use of for meetings. Sale of school houses,, Township treasurer only lawful custodi¬ an. May remove township treas¬ urer. foregoing section of this act, designating separately the number residing in each of the counties in which such town¬ ship may lie, and forward each respective number to the 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 count}^ superintendents ; and all such parts of said statisti-*^ cal information as are not susceptible of division, and are impracticable to be reported separately, shall be reported to the county superintendent of the county in Avhich the six¬ teenth section of such township is situated. § 38. 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 effects of the corporation, and the ac¬ counts and vouchers of the township treasurer, or other township school officer, and shall make such order thereon for their securit}, preservation, collection, correction of errors, if any, and for their proper management, as may seem to said board necessarv. § 39. The board of trustees of each township in the state may receive an}^ gift, grant, donation or devise made for the use of any school or schools, or library, or other school purposes wuthin their jurisdiction ; and they shall be and are hereby invested, in their corporate capacity, with the title, care and custody of all school houses and school house sites ; but the supervision and control of them is ex¬ pressly vested in the directors of each district in which said property is situated, who may grant the temporary use of school houses, when not occupied by schools, for religious meetings and Sunday schools, for evening schools and for literary societies, and for such other meetings as the direc¬ tors may deem proper; and w’hen, in the opinion of the school directors, the school house site or the buildings have become unnecessary, or unsuitable, or inconvenient for a school, said board of trustees, on petition of a majority of the voters of the district, shall sell and convev the same in the name of the said board, after giving at least twenty days’ notice of such sale, by posting up written or printed notices thereof, particularly describing said property and terms of sale; and such conveyance shall be executed by the president and clerk of said board, and the avails shall be paid over to the towmship treasurer for the benefit of said district; and all conveyances of real estate w^hich may be made to said board, shall be made to said board in their corporate name, and to their successors in office. § 40. 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 depositary and custodian of all town¬ ship and district school funds. They shall have powder also to remove the township treasurer at any time, for any fail- 21 lire or refusal to execute or comply with any order or requi¬ sition of said board, legally made, or for any other improper conduct in the discharge of his duty as treasurer. They shall also have power, for any failure or refusal, as aforesaid, ^‘^ysue. to sue him upon his bond. § 41. The township trustees are hereby vested with gen- Maypurcuafie eral power and authority to purchase real estate, if, in their of opinion, the interests of the township fund will be pro- h^dgments. moted thereby, in satisfaction of any judgment or decree wherein the said board or county sujierintendent are plain¬ tiffs 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 townsliip, for school purposes. The said ^otuomeats board are hereby vested with general power and authority to make all settlements with persons indebted to them in their official capacity; or receive deeds of real estate in compromise; and to cancel, in such manner as they may think proper, notes, bonds, mortgages, judgments and de- creees existing, or that may hereafter exist, for the benefit of the township, ■when the interest of said to'wnship, or the fund concerned, shall, in their opinion, require it; and their action shall be valid. Said board of trustees are hereby May soil authorized to lease or sell, at public auction, any land that may come into their possession, in such manner and on such terms as they shall deem for the interest of the town¬ ship : Provided, Iffiat in all cases of sale of land, as provided in this section, the sale shall be made at the same place, and notice given of it in the same manner, as is provided in this act for the sale of the sixteenth section ; and all such sales shall be by jjublic auction. SCHOOL DIRECTORS—THEIR ELECTION AND DUTIES. § 42. The annual election of school directors shall be on ^ ^ ~ the first Saturday of April, ivhen one director shall be elected in each district, who shall hold his office for three vears, and until his successor is elected. In new districts the first election may be on any Saturday, notice being given by the township treasurer, as for the election of trus¬ tees, w'hen three directors shall be elected, who shall, at their first meeting, draw lots for their respective terms of office, for one, two and three years. When vacancies occur, the remaining director or directors shall, without delay, order an election to fill such vacancies. Notices of all elec- NoUeea of tions in organized districts shall be given by the directors, at least ten days previous to the day of said election. Said notices shall be posted in at least three of the most public places in the district, and shall specify the place where such -election is to be held, the time of opening and closing the polls, and the question or questions to be voted on. Should the directors fail or refuse to order any regular or special -election as aforesaid, it shall be the duty of the township treasurer to order such election ; and if he fails to do so. 22 Township treasurer and county super¬ intendent may order. Judges. rostponement. Fllcction on any Saturday. Tie. Recorda. Reports. Number una¬ ble to read and write. May compen¬ sate clerk. 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 pursu¬ ance of such order shall be valid, the same as if ordered by the directors. Two of the directors ordering the election shall act as judges and one as clerk of said election. But if said directors, or any of them, shall fail to order an elec¬ tion, to attend, or refuse to act when present, and in unor¬ ganized districts, the legal voters, when assembled, shall choose such additional number as may be necessary to act as two judges and a clerk of said election: Froi'ided, that if, upon the day appointed for said election, the said directors or judges shall be of opinion that, on account of the small attendance of voters, the public good requires it, or if the voters present, or a majority of them, shall desire it, they shall postpone said election until the next Satur¬ day, at the same place and hour, when the voters shall proceed as if it were not an adjourned meeting : Aiid pro- mded^ al^o, That if notice shall not have been given as above required, then said election may be ordered as aforesaid, and holden on the third Saturday in April, or any other Saturday, notice thereof being given as aforesaid. In case of a tie, the judges shall decide it lot on the day of elec¬ tion. The directors shall appoint one of their number president and another of their number clerk, who shall keep a record of all the official acts of the board, in a 'well bound book provided for the purpose, Vv^hich record shall be sub¬ mitted to the township treasurer, for his inspection and ap¬ proval, on the first Mondays of April and October, and at such other times as the township treasurer may require. The clerk of each board of school directors shall report to the township treasurer of the proper township, on or before the first Monday of October, annually, such statistics and other information in relation to the schools of their respec¬ tive districts as the township treasurer is required to em¬ body in his report to the county superintendent, and the particular statistics to be so reported shall be determined and designated by the state supei intendent of public in¬ struction. At the annual election of director, the directors shall make a detailed report of their receipts and expendi¬ tures to the votei'S there present, a copy of which shall be transmitted to the township treasurer within five days of the time of said election. They shall also report the number and names of persons above the age of twelve years and under twenty-one, residing in the district, who are unable to read and write, and the causes of the neglect to educate them. Directors are authorized to use any funds belonging to their district, and not otherwise appropriated, for the purchase of a suitable book for their records, and the said records shall be kept in a punctual, orderly and reliable manner. They may also, where they deem the amount of labor done sufficient to justify it, allow out of such funds a compensation to said clerk for duties actually performed. I 23 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 names of the persons elected; which poll book shall be filed by the township treasurer, and shall be evidence of said election. For failure to deliver said I’enaiiy. poll book within the time prescribed, the judges shall be liable to the same penalty as is prescribed in section thirty, which penalty may be recovered in the same manner as is provided in said section, and when collected, shall be added to the district funds. If any trustee or director shall not Resident, be an inhabitant of the district or township which he rep¬ resents, an election shall be ordered to fill the vacancy; and no i>erson shall be at the same time a director and trustee, nor shall a director or trustee be interested in any contract Contracts, made by the board of which he is a member. ^ 43. For the purpose of establishing and supporting free Power to tax. schools for not less than five 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 improv¬ ing school houses; of procuring furniture, fuel, libraries and apparatus, and for all other necessary incidental ex¬ penses, the directors of each district shall be authorized to Uiiuitatiou.'^. levy' a tax, annually, upon all the taxable property of the district, not to exceed two per cent, for educational, and three per cent, for building purposes, to be ascertained by tie last assessment for state and county taxes. They may al?o appropriate to the purchase of libraries aitd apparatus, ary surplus funds, after all necessary school expenses are paid. 5 44. The directors of each district shall ascertain, as^certiiicate of nexr as practicable, annually, how much money must be raised by special tax for school purposes duringtlie ensuing year, which amount shall be certified and returned to the tovnship treasurer, on or before the first Monday of Sep¬ tember, annually. The certificate of the directors may be in the following form, viz : W« hereby certify that we require the amount of to be levied as a special tax lor sihool purposes, on tlie taxable property of our district, for the year 18.... ©i’en under our hands this day of.. IS.... A B,'| Directors District No ., Township C U, > No. ..., Range No. ...., County K F.J of . State of Iltinois. It shall be the duty of the township treasurer to return 'Time of return, said certificates to the county clerk on or before the second Monday of September; and whenever the boundaries of the districts of the township shall have been changed, the township treasurer shall return to the county clerk, with Map, the certificates, a map of the township, showing such changes, and certified as required in the thirty-third section of this act. When a district lies partly in two or more District in counties, the directors shall determine and certify the amounts to be levied on the taxable property lying in each 24 county, and return the same to the county treasurer, who shall return them to the respective county clerks, as here¬ inbefore provided. County clerk to compute tax. § tv clerk. 45. According to the amount certified as aforesaid, the said 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 equal¬ ized 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 everv 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 tjix book to be delivered to the collector for that vear, in a Collection of separate column, against each tax-payer’s name or parcel district tax taxable property, as it appears in said collector’s bo Illinois. March 1,18G4. 1 Has taught 5 years. 28 copy or transcript of sale record shall be transmitted by the connty superintendent, with bis regular report, to the state superintendent. The state superintendent of pub¬ lic instruction is hereby authorized to grant state certifi¬ cates to such teachers as may be found worthy to receive them, which shall be of perpetual validity in every county and school district in the state. 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 principles of the normal universities may prescribe. Said certificates ma}^ be revoked by the state superintend¬ ent upon proof of immoral or unprofessional conduct. Every Kind of school established under the provisions of this act shall be quiicd. for the instruction in the branches of education prescribed in the qualifications for teachers, and in such other branches, including vocal music and drawing, as the directors or voters of the district, at the annual election of directors, may prescribe. § 51. It shall be the duty of the county superintendent or the board of examiners, as the case may be, to hold meet¬ ings at least quarterly, and oftener if necessary, for the examination of teachers, on such days and at such places in the respective counties as will, in their opinion, accom¬ modate the greatest number of persons desiring such ex- Notice. amination. Notice of such meetings shall be published a sufiicient length of time, in at least one newspaper of gen¬ eral circulation, the expense of such publication to be paid No fee. oi-if of tke school fund. The county superintendent or hoard of examiners shall, in no case exact or receive any fee for certificates. Quarterly ex- ATinaatious. TEACHERS—THEIR DUTIES. Teachers must g 52. No teacher shall be entitled to any portion of the caS^fiforrSn-common school or township fund, or other public fund, or pioymciit. be employed to teach any school under the control of any board of directors of any school district in this state, who shall not at the time of his employment, have a certificate of qualification, obtained under the provisions of this act ; nor shall any teacher be paid any portion of the school or public fund aforesaid, unless he shall have kept and fur- nished schedules as herein directed, and shall have satis- sc e u e. factorily accounted for the books, apparatus and other prop¬ erty of the district that he may have taken in charge. Schedule must § 53. Teachers shall make schedules of the names of all bekeptinfonn. g 0 ;gQ]^ars under tvv’enty-one years of age, attending their schools, in the form prescribed by this act; and when scholars reside in two or more districts, townships or coun¬ ties, separate schedules shall be kept for each district, town¬ ship or county; and the absence or presence of every scholar shall be set down under the proper date, and opposite the name, on every day that school is open ; and the ab- sence of a scholar shall be signified by a blank—the presence by a mark. The schedule to be made and returned by the teacher shall be as near as circumstances will permit, in the following form, viz : RcHKDULE of a common school kept by A. B., at . in district number ., in Formof SChed* township number .. range number .. of the . principal meridian, in the ule. county of . in the State of 1 llinois : Kanaes and ages of scholars att<^nding my school, and residing in district number . in township . north, range.west, in . county. o ' h—t I TT* 30 GO ' Ci ■ < . C'l 33 , O o' o ■ Cl cS =3 i o O lo d cc id v' ® I o oc 3 l_2 '.o ! 5 o 'x: I O ' 3 1^ *E I o i o c-l S C-* H o c o QC Names. Age. John Smith.j 10 Isaac Meslier.... Sarah Danforth. 13 16 1 : 1 i ^ 1 | 1 ! I I i: 1 h' 1 1 1 li I 1 1 1 1 1; iV‘ li 1| 1 33 c3 a s o i!15 ill i!20 Mary Newman. 19 Ij Ij 1 1 Ij 1 1 1 1 1 1 11 li 1 1 1 1 i 1 1;19 i Grand total number of davs.6 \ Males. ' Females. Total. Number of scholars. 2 9 4 Average daily attendance 32 And said teacher shall add up and set down the w'hole number of days’ attendance of each scholar, and add up said whole numbers, and make out the grand total number of days’ attendance. He shall also note the whole number of scholars, giving the males and females separately; the average daily attendance; and shall set the age of each pupil opposite the name of said pupil, as in the form above Teacher to prescribed, and shall attach thereto his certificate, which shall be in the following form, viz: I certify that the foregoing schedule of scholars attending my school, as therein named, and residing as specified in said schedule, to the best of my knowledge, and belief, is correct. A. B., Teacher. 30 Schedule to he delivered to <]irectoTs. Schedule to be filed with treas¬ urer by direc¬ tors. Limit of time. ileceipt. Xiability. Payable TQontJhly. interest. School month. When the teacher shall have completed his or her sched¬ ule or.schedules, as above required, he or she shall deliver it to some one of the directors; and it shall be the duty of said director, in connection with one other director of the board, to carefully examine such schedule or schedules, and after correcting all errors, 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 ok Illinois, \ . County. ( We, the undersigned, directors of . in township number . range number.. in the county aforesaid, certify that we have examined the forego¬ ing schedule, and find the same to be correct, and that the schooi was conducted according to law. That there is now due said C D, teacher, as per contract, the sum of.dollars and.cents, and that the said teacher has a legal certificate of good moral character, and of qualification to teach a common school (or of such grade as the c.ase may be), and that the property of the district in charge of such teacher has been satisfactorily accounted for. Witness our hands this.*day of.. A. D. 18... C d’ } Which schedule or schedules, certified as aforesaid, by at least two directors, shall be filed by said directors with the township treasurer; and until such schedule and report, as aforesaid, shall have been filed as aforesaid, it shall not be lawful for said treasurer to pay said teacher, or any two members thereof to draw an order in favor of said teacher. § 54. School directors shall certify no schedule that reaches back to a time more than six months from the time fixed by law for the regular return of schedules to the town¬ ship treasurer. Schedules made and certified as aforesaid, shall, at least two days before the first Monday in April and October, be delivered by the directors to the township treas¬ urer. The director, or directors, to whom the schedule is delivered by the teacher, shall receipt for the same ; which receipt shall be evidence in favor of the teacher, and against the director or directors; and the directors shall be person¬ ally liable for any loss sustained by the teacher through their failure to deliver the schedule to the township treas¬ urer within the time fixed by law. Teachers’schedules are hereby declared payable monthly, upon the presentation of schedules, duly certified by the directors; and for any por¬ tion of the amount certified in said schedules, bv the direc- / 4 . tors, to be due, and remaining unpaid after the same becomes due, teachers shall be entitled to interest at the rate of ten (10) per cent, per annum, until paid; and it is hereby made the duty of all school directors, trustees and township treasurers, to allow and pay said rate of interest upon all unpaid balances due teachers, as aforesaid; and said bal¬ ances shall be paid out of the first moneys coming into the hands of the township treasurer, to the credit of the proper district, and not otherwise previously and specifically ap¬ propriated. The school month shall comprise twenty-two school days actually taught. Teachers shall not be required to teach on legal holidays, thanksgiving, or fast days ap¬ pointed by state or national authority. TOWNSHIP TREASURKR—HIS DUTIES. § 55. The township treasurer, appointed by the board of trustees, shall, before entering upon his duties, execute a bond, with two or more freeholders, who shall not tie members of the board, as securities, jiayable to the board of' the township for which he is appointed treasurer, with a sufficient penalty to cover all liabilities which may be in¬ curred, conditioned faithfully to perform all the duties of township treasurer, in township., range ., in. county, according to law. The bond shall be approved byAppi-ovaJ. 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 said bonds, notes, mortgages, mone 3 "S and effects. The penalty of said bond shall be increased from time to time, as the increase of the amount of notes, bonds, mortgages and effects may require. And ever}" township treasurer appointed subsequent to the first, as herein provided, shall execute bond with security as is required of the first treas¬ urer. The bond required in this section shall be in the following form, viz : State op Illinom, ) .. County. t***' Know all men by these presents, that we, A B, C D and E F, arc held and firmly of bond bouTiu, jointly and severally, unto the board of .. in said county, in the penal sum of.dollars, for the payment of which we bind ourselves, our heirs, executors and administrators, firmly by these presents. In witness whereof we have hereunto set our hands and seals this.day of.. A. D. 18... The condition of the above obligation is such, that if the above bounden A B, township treasurer of township.range .. in the county aforesaid, shall faithfully discharge all the duties of said office according to the laws which now are or may hereafter be in force, and shall deliver to his successor in oflice all moneys, books, papers, securities and property in his hands as such towmship treasurer, then this obligation to be void; otherwise to remain in full force and virtue. Approved and accepted by G H,) I .1, “ Trustees. K h,j A B, C D, E y. SEAL. SEAL. SEAL. 8 56. PA'ery township treasurer shall provide himself Accounts of with two well bound books, the one to be called a cash book, the other a loan book. He shall charge himself in the cash book with all moneys received, stating the charge, when, from whom, and on what account received; and credit himself with all moneys paid or loaned, stating the amount loaned, the date of the loan, the rate of interest, the time when payable, the name of the securities, or, if real estate be taken, a description of the same. He shall also enter, in separate accounts, moneys received and moneys paid out, charging the first to debit account, and crediting the latter as follows, to-wit: 32 First —The principal of the township fund, when paid in, and when paid out. Second —The interest of the township fund, when re¬ ceived, 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 col. lector, distinguishing between that for general school pur¬ poses and that levied for the purpose of prolonging schools. Fijth —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 hoard of trustees. He shall also provide a book, to be called a journal, in which he shall record, fully and at length, the acts and proceedings of the K ® fi°d their orders, by-laws and resolutions. And he shall u*ttds. also provide a book, to be called a record, in which he shall enter a brief description of all notes or bonds belonging to the township, 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 following form, viz : Makere’ Names. Date of Note. When Due. Am't Remarks. A B, C U, E F. January 1st, 18— January 1st, 18— t $90 00 January 6th, 18—, handed to I. J., for col¬ lection, (or January 6th, 18—, paid). Subject to in- i!pe«Uon. Ijoans. R-ate of interest Security, All the books and accounts of the treasurer shall at all times be subject to the inspection of the trustees, directors, or other person authorized by this act, or by any committee appointed by the voters of the township, at the annual elec¬ tion of trustees, to examine the same. § 57. Township treasurers shall loan, upon the following conditions, all moneys which shall come to their hands by virtue of their office, except such as may be subject to dis¬ tribution. The rate of interest shall not be less than eight per cent., nor more than ten per cent, per annum, payable half yearly in advance; the rate of interest to be determined by a majority of the township trustees, at any regular or special meeting of their board. No loans shall be made for less than six months, or more than five years. For all sums not exceeding one hundred dollars, loaned for not more than one year, two responsible sureties shall be given ; for all sums over one hundred dollars, and for all loans for more than one year, security shall be given by mortgage on real estate, unincumbered, in value double the amount loaned, with a condition that in case additional security shall at any time be required, the same shall be given to the satisfaction of the board of trustees for the time being : Provided^ That nothing herein shall prevent the loaning of township funds to boards of school directors, taking bonds tors, therefor, as provided in section forty-seven of this act. Notes, bonds, mortgages and other securities taken for nam??^’ 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 pro¬ ceedings 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 this corporation: Provided^ however^ valid in other that notes, bonds, mortgages and other securities in which the name of the county superintendent or of the trustees of schools are inserted, shall be valid to all intents and pur¬ poses ; and suit shall be brought in the name of the board of trustees as aforesaid. The wife of the mortgagor (if he has one) shall join in the mortgage given to secure the pay¬ ment of money loaned by virtue of the provisions of this act. Where there is a surplus of funds in the treasurer’s hands, belonging to any school district, he may loan the same for the use and benefit of said district, upon the writ¬ ten request of the directors of such district, and not other¬ wise ; and all such loans shall be on the same conditions as are prescribed in this section for the loaning of township funds. § 58. Mortgages to secure the payment of money loaned under the provisions of this act, maybe in the following form, viz: I, A B, of the county of.. and state of.. do hereby grant, convey and transfer to the board of trustees of township., range .. in the county of.and state of Illinois for the use of the inhabitants of said township, the following described real estate, to-wit: (Here insert premises.) Which real estate I declare to be in mortgage for the payment of.dollars loaned to me, 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 said sum of money in.years from the date hereof, and to pay interest on the same at the rate aforesaid, half-yearly in advance. I further covenant that I have a good and valid title to said estate, and that the same is free from all incumbrance; and that I will pay all taxes and assessments which may be levied on said estate; and that I will give any additional security that may at any time be required, in writing, by said 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 convenants herein contained, I will deliver immediate possession of the premises ; 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 consideration of the premises. C, wife of said A B, doth hereby release to the said board all her right and title of dower in the aforegranted premises, for the purposes aforesaid. In testimony whereof, we have hereunto set our hands and seals, this.day of.. 18... A B, [seal.] C D, [SEAL.] Which mortgage shall be acknowledged and recorded as is required by law for other conveyances of real estate, the Mortgage to be mortgagor paying the expenses of acknowledgment and recording. —3 / 34 § 59. Upon the breach of any condition or stipulation Action on contained in said mortgage, an action may be maintained or gage. damages recovered as upon other covenants; but mort¬ gages made in any other form to secure payment, as afore¬ said, shall be valid as if no form had been prescribed. In estimating the value,of real estate mortgaged to secure the payment of money loaned under the provisions of this law, the value of improvements liable to be destroyed shall not be included. § 60. In all cases where the board of trustees shall re- Additionai quire additional security for the payment of money loaned, and such security shall not be given, the township treasurer shall cause suit to be instituted for the recovery of the same, and all interest thereon, to the date of judgment: Provided^ that proof be made of the said requisition. In the payment of debts by executors and administrators, •ven^’^to^Sts common school or township fund shall have due School funi a preference over all other debts, except funeral and other expenses attending the last sickness, not including the physician’s bill. And it shall be the duty of the township treasurer to attend at the office of the probate justice, upon the proper day, as other creditors, and have any debts, as aforesaid, probated and classed, to be paid as aforesaid. Default in pay¬ ment-penalty. § 61. If default be made in the payment of interest due upon money loaned by any county superintendent or town¬ ship treasurers, 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 shall be included in the assessment of damages, or in the judgment in suit or action brought upon the obligation to enforce payment thereof; and interest as aforesaid may be recovered in action brought to recover interest only. Action to re- And the Said township treasurers are hereby empowered to over in eres . appropriate actions, in the name of the board of trus¬ tees, for the recovery of the half-yearly interest, when due and unpaid, without suing for the principal, in what¬ ever form secured, and justices of the peace shall have jurisdiction in such cases in all sums of two hundred dollars. § 62. All suits brought or actions instituted, under the provisions of this act, may be brought in the name of the “Board of Trustees of Township-, Range-,” except as is provided for action qui tarn in this act, or in favor of county superintendents. The township treasurer shall de- Dutiesof town-mand, receive and safely keep, according to law, all moneys, ship treasurer. ^nd papers of every description belonging to his township. He shall keep the township fund loaned at in¬ terest ; 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 re¬ quired, as aforesaid, may, if the board of trustees see proper. Manner of bringing suits, 35 forever be considered as principal in the funds to which it belongs, and loaned as such. § 63. On the first Mondays of April and October, of every report^to'^trus- year, the township treasurer shall lay before the board of tees, trustees a statement, showing the amount of interest, rents, issues and profits that have accrued or become due since their last regular half-yearly meeting, 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 evidences of indebtedness belonging to the township, for # the examination of the trustees, and shall make such other statement as the board may require, touching the duties of his office. The township treasurer shall also, on the first Exhibit to di- Mondays of April and October of each year, make a full settlement wdth the respective boards of directors in his township, and shall deliver to the clerk of each of said boards, on demand, a statement or exhibit, showing the ex¬ act condition of the account of each district, and the amount of funds of every description in his hands, to the credit of and belonging to each district, respectively, and subject to the order of the directors thereof. He shall make out, an- Exhibit to nually, and present at the meeting of the board of trustees succeeding the annual election, a complete exhibit of the fiscal affairs of the township and of the several districts, showing the receipts of moneys, and the sources from which , t hey have been derived, and the deficit and delinquencies, if there be any, and their cause, as well as a classified state¬ ment of moneys paid out, and amount of obligations re¬ maining unpaid. § 64. For any failure or refusal to perform all the duties bie fo^faiiure^ required of township treasurer by law, he shall be liable to the board of trustees upon his bond, to be recovered by ac¬ tion of debt by said board, in their corporate name, for the use of the proper township, before any court having juris¬ diction of the amount of damages claimed; but if said treas- urer, in any such failure or refusal, acted under and in con- orders of board, formity to a requisition or order of said board, or a majority of them, entered upon their journal and subscribed by their president and clerk, then and in that case the members of the said board, aforesaid, or those of them voting for said requisition or order aforesaid, and not the treasurer, shall be liable, jointly and severally, to the inhabitants of the township, to be recovered by action of assumpsit, in the official name of the county superintendent of schools, for the use of the proper township. § 65. When a township treasurer shall resign or be re- Bonds, secur- moved, and at the expiration of his term of office, he shall tu^ed^ oVS to pay over to his successor in office all money on hand, and successor, deliver over all books, notes, bonds, mortgages, and all other securities for money and all papers and documents of every description, in which the corporation may have any interest whatever, and in case of the death of the township treasurer, 36 his securities and legal representatives shall be bound to id^eiu comply with the requisitions of this section. And for any failure to comply with the requisitions of this section, he shall be liable to a penalty of not less than ten nor more than one hundred dollars, at the discretion of the court before which judgment may be obtained; and the obtaining or pay¬ ment of said judgment shall in nowise discharge or diminish the obligation of his official bond. TOWNSHIP AND COUNTY SCHOOL FUNDS. teSth s^ection" § bonds, iiotes, mortgages, moneys and effects, which have heretofore accrued, or may hereafter accrue, from the sale of the sixteenth section of the common school lands of any township or county, or from the sale of any real estate or other property, taken on any judgment or for any debt due to the principal of any township or county Pr nci ai Other funds of every description, which have towSip^fund. been or may hereafter be carried to and made part of the principal of any township or county fund, by any law which has heretofore been, is now, or may hereafter be enacted, are hereby declared to be and shall forever constitute the principal of the township or county fund, respectively, and no part thereof shall ever be distributed or expended for any purpose whatever, but shall be loaned out, and held to use, rent or profit, as provided by law. But the interest, triinitefr rents, issues and profits, arising and accruing from the prin¬ cipal of said township or county fund, shall be distributed in the manner and at the times provided in this act; nor shall any part of such interest, rents, issues and profits be carried to the principal of the respective funds, except as provided in section sixty-two of this act. bepaid^out on § 67. Scliool funds Collected from special taxes, levied orders of di- bv Order of school directors, or from the sale of property belonging to any district, shall be paid out on the order of the proper board of directors; and all other moneys and school funds, liable to distribution, paid into the township treasury, or coming into the hands of the township treas¬ urer, shall, after said funds have been apportioned by the township trustees, as required in section thirty-four 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 such board. For all payments made, receipts shall be taken and filed. In all such orders shall be stated the purpose for which, or on what account drawn. Said orders may be in the following form, viz : Forro of order. 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 district No.. in said Township. C D, Clerk. A B, President. j^ceipt to be Which order, together with the receipt of the person to whom paid, shall be filed in the office of the township treasurer. COMMON SCHOOL FUNDS. § 68. i'The common school fund of this state shall sist of the proceeds of a two mill tax, to be levied upon each dollar’s valuation of the property in the state annu¬ ally, until otherwise provided bylaw ; the interest on what is known as the ‘‘ School Fund ” proper, being three per cent, upon the net proceeds of the sales of the public lands in this 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 four, eighteen hun¬ dred and thirty-seven. § 69. The state shall pay the interest mentioned in the next preceding section at the rate of six per cent, per annum, annually, to be paid into and become part of said school fund. § 70. fOn the first Monday in January, in each every year next after taking the census of the state, the dend and issue 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 sixty-eighth section of this act, and of the interest due on the school fund proper and surplus rev¬ enue, in proportion to the number of children in each Basis of. county under the age aforesaid, and issue his warrant to the superintendent of schools of each county upon the col¬ lector thereof. And upon presentation of said warrant by the county superintendent to the collector of his county, said collector or treasurer shall pay over to the county superintendent the amount of said warrant out of the first funds which may be collected by him, and not otherwise appropriated by law, taking said superintendent’s receipt therefor. The warrants issued by the auditor of public to receir^war- accounts for the school fund tax and for the interest of the <5oi- school fund proper and surplus revenue, shall be received by the state treasurer in payment of amounts due to the state from county collectors; and on presentation, by the state treasurer, of said warrants to the 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, according to the proportions ascertained to be due to each county, annually thereafter, until another census shall have been taken, and then divi¬ dends shall be made and continued as aforesaid, according fTbe twenty-third clause of the act to provide for the ordinary and contingent expenses of the state government, etc., approved May 3d, 1873, provides that in lieu of the two mill school tax, there shall be appropriated : “The sum of one mill¬ ion dollars, annually, out of the state school fund, to pay the amount of the audi¬ tor’s orders issued for the distribution of said fund to the several counties. The auditor shall issue his warrant, on the proper evidence that the amount distributed has been paid to the county school superintendents.’’ 38 Refusal of col¬ lector to pay. to the last census : Provided, that if any collector shall fail or refuse to pay the amount of the aforesaid warrant, or any part thereof, by the first day of March, annually, or so soon thereafter as it may he presented, it shall be compe¬ tent for the county superintendent to proceed against said collector and his securities in an action of debt, in any court having competent jurisdiction ; and the said collector shall pay twelve per centum, to be assessed as damages, upon the amount due, and which shall be included in the judgment obtained against him. COMPENSATION OF OFFICERS. § 71. ^Collectors of the two mill tax, authorized under Fixed bylaw, section sixty-eight of this act, shall be entitled to such com¬ pensation as is or maybe provided by law for the collection of taxes. County superintendents of schools shall hereafter receive, in full for all services performed by them, such compensation as is or may be fixed by law. Said compen¬ sation shall be payable quarterly, out of the county treas- tions^fo/^n?t1- upon the Order of the county clerk ; and county boards tutes. are authorized to make appropriations for the holding of county teachers’ institutes. § 72. Township treasurers shall receive, in full for their c^pensation g 0 j.yiQgg^ a compensation, to be fixed prior to their election, eagurers. board of trustees. Trustees of schools, school direc- ors or other school officers performing like duties, shall be Exemption. exempted from road labor and from military duty. LIABILITIES OF OFFICERS. § 73. If any county superintendent, trustee of schools, township treasurer, director, or any other person intrusted dictment^and with the care. Control, management or disposition of any imprisonment, school, college. Seminary or township fund for the use of any county, township, district or school, shall convert such funds, or any portion thereof, to his own use, he shall be liable to indictment, and, upon conviction, shall be fined in not less than double the amount of money converted, and imprisoned in the county jail not less than one or more than twelve months, at the discretion of the court. § 74. Trustees of schools shall be liable, jointly and Trustees lia sufficiency of securities taken from town- bie for securi- ship treasurers ; and in case of judgment against said treas- treasurS’their securities, for or on account of any default ' of such treasurer, on which the money shall not be made for want of sufficient property whereon to levy execution, actions on the case may be maintained against said trus¬ tees jointly or severally, and the amount not collected on said judgment shall be recovered with costs; Provided, that if said trustees can show satisfactorily that the security taken from the treasurer as aforesaid was, at the time of said taking, good and sufficient, they shall not be liable as aforesaid. Exception. "See note, foot of preceding page. 39 § 75. The real estate of county superintendents, of township treasurers, and all other school officers, and of the securities of each of them, shall be bound for the satisfac- bound, tion and payment of all claims and demands against said superintendents and treasurers, and other officers, as such, from the date of issuing process against them, in actions or suits brought to recover such claims or demands, until sat¬ isfaction 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 satisfac- \ tion of any judgment which may be obtained in such ac¬ tions or suits. § 76. Trustees of schools, or either of them, failing or Manure onr^us^ refusing to make returns of children in their township, returns, according to the provisions of this act, or if either of them shall knowdngly make a false return, the party so offending shall be liable to a penalty of not less than ten dollars nor more than one hundred dollars, to be recovered by action of assumpsit, before any justice of the peace of the county; which penalty, when collected, shall be added to the town¬ ship fund; and if any county superintendent, director or trustee, or either of them, or other officer whose duty it is, dollar?' shall negligently or willfully fail or refuse to make, furnish or communicate the statistics and information, or shall fail to discharge the duties enjoined upon them, or either of them, at the time and in the manner required by the provisions of this act, such delinquent or party offending shall be lia¬ ble to a fine of twenty-five dollars, to be recovered before any justice of the peace, on information in the name of the People of the State of Illinois, and when collected, to be paid to the county superintendent of the proper county, for the use of schools; and any director failing to perform his. county super- duties as director, under this act, may be removed by the “Sove^^direc^ county superintendent, and a new election ordered, as in tor. other cases of vacancy. § 77. County superintendents, trustees of schools, direc- gpoSSbi? tors and township treasurers, or either of them, and any loss of funds, other officer having charge of school funds or property, shall be responsible for all losses sustained by any county, town¬ ship or school fund, by reason of any failure on his or their part to perform the duties required of him or them b 3 ^ this act, or by any rule or regulation authorized to be made by this act; and each and every one of the officers aforesaid shall be liable for any such loss sustained as aforesaid, and the amount thereof may be recovered in a civil action be¬ fore any court having jurisdiction thereof, at the suit of the State of Illinois, for the use of the county, township or fund injured; and the amount, when collected, shall be paid to the proper officer, for the benefit of said county, township Perversion of or fund injured. No county, city, town, township, school h^nds to secta- district or other public corporation, shall ever make any firbidfien.^*^^^ 40 appropriation or pay from any school 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 con¬ trolled by any church or sectarian denomination 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, having under his charge or direction school funds or property, w^ho shall pervert the same in the man¬ ner forbidden in this section, shall be liable to indictment, and, upon conviction, shall be fined in a sum not less than double the value of the property so perverted, and impris- luterest m oned in the county jail not less than one nor more than ^c^ oo twelve months, at the discretion of the court. No teacher, state, county, township or district school officer, shall be in¬ terested 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, and for offending against the provisions of this section shall Penalties. liable to indictment, and, upon conviction, shall be fined in a sum not less than twenty-five nor more than five hun¬ dred dollars, and may be imprisoned in the county jail not less than one nor m.ore than twelve months, at the discre¬ tion of the court. COSTS, TENURE OF OFFICERS AND CONTRACTS UNDER FORMER LAW^S. Costs not be charged. to § 78. No justice of the peace, probate justice, constable, clerk of any court, or sheriff*, shall charge any costs in any suit where any agent of any school fund, suing for the re¬ covery of the same, or any interest due thereon, is plaintiff, and shall be unsuccessful in such suit. OF CITIES AND INCORPORATED TOWNS. uot^rep^ied?^'^ § 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 one hundred thousand inhabi¬ tants, or incorporated towns, townships or districts, except that it shall be the duty of the several boards of education or other ofiicers of any city or incorporated town, township or district, having in charge schools under the provisions Pveports. of any of the said special acts, or of any ordinance of any city or incorporated town, on or before the second Monday of October preceding each regular session of the general assembly of this state, or annually, if required so to do by the state superintendent, to make out and render a state¬ ment of all such statistics and o^her information in regard to schools, and the enumeration of persons, as [is] required to be communicated by township boards of trustees or direct¬ ors under the provisions of this act, or so much thereof as 41 may be applicable 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 in which the larger part of such city or town is situated; nor shall it be wSheid.* lawful for the county superintendent, or any other officer or person, to pay over any portion of the common school fund to any local treasurer, school agent, clerk, board of educa¬ tion, or other officer or person of any township, city or in¬ corporated town, unless a report of the number of persons, and other statistics relative to school’s, and a statement of ' such other information as is required of the boards of trus¬ tees or directors, as aforesaid, and of other school officers and teachers, under the provisions of this act, shall have been filed at the time or times aforesaid, specified in this section, with the superintendent of schools of the proper county as aforesaid. It shall also be the duty of the presi- dent, principal or other proper officer of every organized university, college, seminary, academy, or other literary institution, heretofore incorporated, or hereafter to be in¬ corporated in this state, to make out or cause to be made out and forwarded to the office of the superintendent of public instruction, on or before the first Monday in Novem¬ ber, 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 endowments, and the yearly in¬ come from all sources, the number of instructors, the num¬ ber 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 maybe deemed proper by the president or principal of such institutions, to enable the superintendent of public instruction to lay before the leg¬ islature a fair and full exhibit of the affairs and conditions of said institutions, and of the educational resources of the state. § 80. Incorporated cities and villages, except such as now have charge and control of free schools by special acts, shall be and remain parts of the school townships in which they are respectively situated, and be subject to the general provisions of the school law, except as otherwise provided in this section. In all school districts, having a population of not less than two thousand inhabitants, and not gov¬ erned by any special act in relation to free schools now in force, there shall be elected, instead of the directors P^’c>-ucSfon*°^ vided by law in other districts, a board of education, to con¬ sist of six members and three additional members for every additional ten thousand inhabitants, to be elected in the manner provided by section forty-two of this act for the election of school directors. At the first election of direct¬ ors succeeding the passage of this act, in any district hav¬ ing a population of not less than two thousand inhabitants by the census of eighteen hundred and seventy, and in such other districts as may hereafter be ascertained by any spe¬ cial or general census to have a population of not less than 42 two thousand inhabitants, at the first election of directors occurring after taking such special or general census, there shall be elected aboard of education, who shall be the suc¬ cessors of the directors of the district; and all rights of property and rights and 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 terms of office of its members, so that one-third shall serve for one year, one-third for two years, and one-third for three years; and thereafter one-third of the members shall be elected annually, on the first Saturday in April, to fill Term of office. vacancies occurring, and to serve for the term of three Powers and years. Such board shall have power, and it shall be their duties. duty, in addition to or inclusive of the powers and duties of school directors: First —To establish and support free schools not less than six nor more than ten months in each year. Second —To repair and improve school houses, and furnish them with the necessary fixtures, furniture, apparatus, libraries and fuel. Third —To buy or lease sites for school houses, with the necessary grounds. Fourth —To establish schools of different grades, and make regulations for the admission of pupils into the same. Fifth —To levy a tax annually upon the taxable property of the district, in the manner provided by section forty-four of this act, for the purpose of supporting and maintaining free schools in accordance with the powers herein con¬ ferred : Provided, that it shall not be lawful for such board of education to purchase or locate a school-house site, to purchase, build or move a school house, or levy a tax to ex¬ tend schools beyond the period of ten months in each year, except upon petition of a majority of the voters of the dis¬ trict. Sixth —To examine and employ teachers, and fix the amount of their salaries. Seventh —To employ, should they deem it expedient, a competent and discreet person or persons as superinten¬ dent or superintendents of schools, and fix and pay a ■proper salary or salaries therefor; and such superinten¬ dent may be required to act as principal or teacher in such schools. Eighth —To lay off and divide the district into sub-dis- • tricts, and from time to time to 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 progress of scholars and the gov¬ ernment of the schools; to prescribe the method and course of discipline and instruction in the respective schools, and to see that they are maintained and pursued in the proper manner. They shall have power to expel any pupil who 43 may be guilty of gross disobedience or misconduct, and 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 dismission.^ They shall have power to apportion the scholars to the seyeral schools. It shall be the duty of the board of'education 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. It shall be the duty of said board to take charge of the school houses, furniture, ground, and other property belonging to the district, and see that the same are kept in good condition, and not suffered to be unnecessarily injured or deteriorated, and also 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 district. The said board shall appoint a president (who shall be one of their own number) and a secretary, and provide themselves with a well bound book, at the expense of the school tax fund, in which shall be kept a faithful record of all their proceedings. The yeas yeas and nays, and nays shall be taken, and entered on the records of the proceedings of the board, upon all questions involving the expenditure of money. None of the powers herein con¬ ferred upon the board of education shall be exercised by them except at a regular or special meeting of the board. The board of education shall 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 education pursued by them, of the num¬ ber 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. All conve 3 ^ances of real estate shall be made to the township 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. All moneys raised by taxation for school purposes or received Township from the state common school fund, or from any other ^avrcharge ^ source for school purposes, shall be held by the township funds, treasurer as a special fund for school purposes, subject to the order of the board of education, upon warrants signed by the president and secretary thereof. Any city, incor- special school ■ porated town, township or district in which the free schools nnqSshedf are now managed under any special act, may, by vote of its electors, cease to control such schools under such special act, and become a part of the school township in which it is situated, and subject 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 the control and manage- 44 schools in such city, town, township or district, it shall be the duty of such board, at the next ensuing election to be held in such city, town, township or district, to cause to be submitted to the voters thereof, giving not less than htteen days’ notice thereof by posting not less than five Organization town- under this act. ^tp or district, the question of ‘^Organization under the r ree School Law •” and if it shall appear, on a canvass of the returns of said election, that a majority of the votes cast at such election are “For Organization under the Free ^hool Law, then at the next ensuing regular meeting of the board of trustees of the township or townships in which such city, incorporated town, township or district is situ¬ ated, 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 division of funds and other property in the manner provided by section thirtv- three of this act; and at the next ensuing election of director, directors or board of education, as the case may be, shall be elected in each of the new districts so formed, as provided in section forty-two of this act. Cities of 100 , 000 . In cities having a population exceeding one hundred thousand inhabitants, the board of education shall have charge and control of the public schools in such cities, and shall have power with the concurrence of the citv council— First~To erect or purchase buildings suitable for school houses, and keep the same in repair. Second To buy or lease sites for school houses, with the necessary grounds. ^Third To issue bonds for the purpose of building, fur¬ nishing 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. Powers of the The board of education shall have power— hoard. tp- ± rT^ ^ i ^ rirst lo furnish schools with the necessary fixtures, fur¬ niture and apparatus. Second—To maintain, support and establish schools, and supply the inadequacy of the school funds, for the salaries of school teachers, from school taxes. Third To hire buildings or rooms for the use of the board. Fourth—To hire buildings or rooms for the use of schools. Fifth To employ teachers and fix the amount of their compensation. Sixth—iio prescribe the school books to be used, and the studies in the different schools. Seventh—To lay off and divide the city into school dis¬ tricts, and from, time to time to alter the same and create new ones, as circumstances may require, and generally to have and possess all the rights, powers and authority 45 required for the proper management of schools, with power to enact such ordinances as may be necessary or (^emed expedient for such purpose. Schools in such cities shall be governed as hereinafter stated, and no power givrn to the board shall be exercised by the city council. The board of education shall have the entire superintendence and con¬ trol of the schools, and it shall be their duty to examine all persons offering themselves as candidates for teachers, and when found w^ell qualified, to give them certificates thereof gratuitously j to visit all the public schools as often as once a month ; to inquire into the progress of scholars, and the government of the schools j to prescribe the method and course of discipline and instruction in the respective schools, and to see that they are maintained and pursued in the proper manner ; to prescribe what studies shall be taught, what books and apparatus shall be used. They shall have power to expel any pupil who may be guilty of gross diso¬ bedience or misconduct, and to dismiss and remove any teacher, whenever in their opinion he or she is not quali¬ fied to teach, or whenever frorn^ any cause the interests of the schools may, in their opinion, require such removal or dismission. They shall have power to apportion the schol¬ ars to the several schools. It shall be their duty to estab¬ lish all such by-laws, rules and regulations for the govern¬ ment 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. They shall determine, from time to time, how many and what class of teachers may be employed in each of the public schools, and employ such teachers and fix their compensation. It shall be the duty of the said board to take charge of the school houses, furniture, ground and other property belong¬ ing to the school districts, and see that the same are kept in good condition, and not suffered to be unnecessarily in¬ jured or deteriorated, and also 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 said districts. The said board shall appoint a president and secretary, the president to be appointed from their own number, and. shall appoint such other officers and employes as such board shall deem necessary, and shall prescribe their duties and compensation and terms of office ; and the said board shall provide well bound books, at the expense of the school tax fund, in which shall be kept a faithful record of all their proceedings. The yeas and nays shall Yeas and nays be taken, and entered on the records of^ the proceed¬ ings of the board, upon all questions involving the expen¬ diture of money. None of the powers herein conferred upon the board of education shall be exercised by them ex¬ cept at a regular meeting of the board. It shall be the duty of the board to report to the city council, from time to time, any suggestions that they deem expedient or requisite in re¬ lation to the schools and the school fund, or the manage¬ ment thereof, and generally to recommend the establishment 46 of such schools and districts. The board of education shall prepare and publish an annual report, which shall include the receipts land expenditures of each school, specifying the source of such receipts, and the object of such expenditures. They shall also communicate to the city council, from time to time, such information within their possession as may be required. They shall have power to lease school property and to loan moneys belonging to the school fund ; but all conveyances of real estate shall be made to the city in trust for the use of schools, and no sale of real estate or interest therein used for school purposes or held in trust for schools, shall be made except by the city council, upon the written request of such board of education. All moneys raised by to^oidfundi^^ taxation for school purposes, or received from the state com¬ mon school fund, or from any other source for school pur¬ poses, shall be held by the city treasurer as a special fund for school purposes, subject to the order of the board of education, upon warrants to be countersigned by the mayor and citv clerk ; but 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, and the amount annually appropriated for such purposes. If ^aid City not uabie board shall so add to such expenditure, the city shall forexcessof ex- in any case, be liable therefor. From and after the pen 1 ures. this act shall take effect, the board of education Appointment, in such cities shall consist of fifteen members, to be ap¬ pointed by the mayor by and with the advice and con¬ sent of the common council, five of whom shall be ap¬ pointed for the term of one year, five for the term of two years, and five for the term of three years; and at the expiration of the term of any members of said board, their successors shall be appointed in like manner. Any vacancy which may occur shall be filled by the ap¬ pointment of the mayor, with the approval of the common council, for the unexpired term. Any person having resi¬ ded in such city more than five years next preceding his appointment, shall be eligible to said office. Nothing herein shall be so construed as to authorize any board of education to levy or collect taxes, or to require the city council to levy and collect any tax upon the demand or under the direction of such board of education. COMMON SCHOOL LANDS. Section sixteen. § 81. Section number sixteen in every township granted to the state by the United States for the use of schools, and such sections and part of sections as have been or may be granted, as aforesaid, in lieu of all or part of section num¬ ber sixteen, and also the lands which have been or may be selected and granted as aforesaid, for the use of schools, to the inhabitants of fractional townships in which there is no section number sixteen, or where such section shall not contain the proper proportion for the use of schools in such Eeport. Conveyances. 47 fractional townships shall be held as common school lands ; and the provisions of this act referring to common school lands, shall be deemed to apply to the lands aforesaid. § 82. All the business of such townships, so far as re¬ lates to common school lands, shall be transacted in that county which contains all or a greater portion of said lands. If any person shall, without being duly authorized, cut, fell, box, bore, destroy or carry away any tree, sapling or log, standing or being upon any school lands, such person shall forfeit and pay for every tree, sapling or log so felled, boxed, bored, destroyed or carried away, the sum of eight dollars; which penalty shall be recovered, with costs of suit, by an action of debt or assumpsit, before any justice of the peace having jurisdiction of the amount claimed, or in the county or circuit court, either in the corporate name of the board of trustees of the township to which the land belongs, or by action of qui tarn, in the name of any person who will first sue for the same—one-half for the use of the Peuaity. person suing, the other half to the use of the township aforesaid. When two or more persons shall be concerned in the same trespass, they shall be jointly and severally liable for the penalty herein imposed. Every trespasser upon common school lands shall be liable to indictment, and, upon conviction, fined in three times the amount of the injury occasioned by said trespass, and shall stand com¬ mitted as in other cases of misdemeanor. All penalties and fines collected under the provisions of this section shall be paid to the township treasurer, and be added to the prin¬ cipal of the township fund. And all other fines, penalties Fines and for- and forfeitures imposed or incurred in any of the courts of record, or before any justice of the peace of this state, ex¬ cept fines, forfeitures and penalties incurred or imposed in incorporated towns or cities, for the violation of the by¬ laws or ordinances thereof, shall, when collected, be paid to the school superintendent of the county wherein such fines, forfeitures and penalties have been imposed or incurred, who shall give his receipt therefor; and the same shall be distributed by said superintendent, annually, in the same manner as the common school funds of the state are dis¬ tributed; and it shall be the duty of the state’s attorneys Duty of state's of the several judicial circuits, to enforce the collection of ^ir fines, forfeitures and penalties imposed or incurred in the courts of record in their several circuits, and to pay the same over to the school superintendents of the counties wherein the same have been imposed or incurred, retaining therefrom the fees and commissions allowed them by law; and it shall be the duty of the said justices of the peace to enforce the collection of all fines imposed by them, by any lawful means; and when collected, the same shall be paid by the officer charged with the collection thereof to the school superintendent of the county in which the same was imposed. Clerks of said courts of record, state’s attor- Keport. neys and justices of the peace, shall report, under oath, to the school •superintendent of their respective counties, by 48 the first of March, aniiuall}^, the amount of such fines, pen¬ alties and forfeitures imposed or incurred in their respec¬ tive courts, and the amount of such fines, forfeitures and penalties collected by them, giving each item separately, and the officer charged with the collection thereof; and said clerks, state’s attorneys and justices of the peace, for a failure to make such report, shall be liable to a fine of twenty-five dollars for each offense, to be recovered in a civil action, at the suit cf the school superintendent of the Fftihire to pay. pj-Qpgj. county. For a failure to pay any such fines, forfeit¬ ures or penalties, on demand, to the person who is by law authorized to receive the same, the officer having collected the same, or having the same in his possession, shall forfeit and pay double the amount of such fine, penalty or forfeit¬ ure, 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 count}’. SALE OF COMMON SCHOOL LANDS. Pet)ticniorsale § 83. When the inhabitants of any township, or frac¬ tional township, shall desire the sale of the common school lands of the township, or fractional township, they shall present a petition to the county superintendent of the county in which the school lands of the township, or the greater part thereof, lie, for the sale thereof ; which petition shall be signed by at least two-thirds of the legal voters of the township, or fractional township, of and over twenty-one years of age. The signing of the petition must be in the presence of two citizens of the township, after the true meaning thereof shall have been explained ; and when signed, an affidavit shall be affixed thereto by the two citi¬ zens proving the signing, in the manner aforesaid, and stating the number of inhabitants in the township, or frac¬ tional township, of and over twenty-one years of age ; and said petition, so proved, shall be delivered to the county superintendent for his action thereon: Provided, that no¬ whole section shall be sold in any towmship containing less' than two hundred inhabitants; and common school lands in fractional townships may be sold when the number of inhabitants and number of acres are in the ratio of two hun¬ dred to six hundred and forty, but not before. § 84. Any fractional township not having the requisite number of inhabitants to petition for the sale of the school lands therein, as provided in section eighty-three, which has not heretofore been united with any other townshij? for school purposes, and which does not contain a sufficient number of inhabitants to maintain a free school, is hereby attached to the adjacent congressional township having the longest territorial line bordering on such fractional town- , ship, for school purposes; and all the provisions of this act N shall apply to such united townships the same as though, they were one and the same township. % Fiactional townships. 49 § 85. When the petition and affidavits are delivered to ^ the county superintendent as aforesaid, he shall notify the to lots, 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. After making such division, a correct piat. plat of the same shall be made, representing all divisions, with each lot numbered and defined, so that its boundaries may be forever ascertained. Said trustees shall then fix a Valuation, 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 referring to and describing the lot in the certificate, so as fully and clearly to distinguish and identify each lot; which plats and certificate shall be delivered to the county superin¬ tendent, and shall govern him in advertising and selling said lands. and § 86. In subdividing common school lands for sale, no Si^e of lot. lot,shall contain more than eighty acres, and the division may be made into town or village lots, with roads, streets or alleys between them and through the same; and all such streets, divisions, with all similar divisions hereafter made, are hereby declared legal, and all such roads, streets and alleys public.highways. • § 87. The terms of selling common school lands shall Bid borrowed be to the highest bidder, for cash, with the privilege to each purchaser of borrowing from the county superintendent the amount of his bid, for any period not less than one nor more than five years, upon his paying interest and giving security, as in case of money loaned by township treasurer, as provided in this act. § 88. The place of selling common school lands shall be piace of sale, at the court house of the county in which* the lands are situated; or the trustees of schools may direct the sale to be made on the premises; and upon the reception by the county superintendent of the plat and certificate of valua¬ tion from the trustees, he shall proceed to advertise the said land for sale in lots, as divided and laid off by said trustees by posting notices thereof in at least six public places in the county, forty days next anterior to the day of sale, describing the land and stating the time, terms and place 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 none, then it shall be sold under the notice aforesaid. § 89. Upon the day appointed, the county superintend- Manner of sale, ent shall proceed to make sales as follows, viz: He shall begin at the lowest number of lots, and proceed regularly to the highest, till all are sold or offered. No lot shall be sold for less than its valuation by the trustees. Sale shall be made between the hours of ten o’clock A. M., and six • —4 50 o’clock P. M., and May continue from day to day. The lots shall be cried separately, and each lot cried long enough to enable any one present to bid who desires it. Payment. § 90. 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 ten o’clock the succeeding day, the lot purchased shall be again offered at public sale, on the same terms as before, and if the valuation or more shall be bid, May be re-sold, sti all 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 failing to make such payment, 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 en¬ titled to judgment, with costs of suit; which, when col¬ lected, shall be added to the principal of the township fund. And if the amount claimed does not exceed one hundred dollars, the suit may be instituted before a justice of the peace; but if more than that sum, then in the circuit court of any county wherein the party may be found. Lands may be § 91. All lands [not] sold at public sale, as herein pro-* re-sold. vided for, shall be subject to sale at any time thereafter, at the valuation ; and county superintendents are authorized and required, when in their power, to sell all such lands at private sale, upon the terms at which they are offered at public sale. Unsold lands § 92. In all cases where common school lands have tobere-vaiued. heretofore 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 their opinion, the interest of the township will be promoted thereby. They shall make said second valu¬ ation in the same manner as the first was made, and shall deliver to the county superintendent a plat of such second valuation, wfith the order of vacation to be entered as afore¬ said ; w^hereupon said county superintendent shall proceed in selling said lands in all respects as if no former valuation 'So petition bad been made: Providtdy that the second valuation may be made by the trustees of schools, without petition, as pro¬ vided in this act. of § 93. Upon the completion of every sale by the pur¬ chaser, the county superintendent shall enter the same on book B, and shall deliver to the purchaser a certificate of purchase, stating therein the name and residence of the purchaser, describing the land and the price paid therefor; required. Certificate purchase. 51 which certificate shall be evidence of the facts therein stated. § 94. At the first regular term of the county board, in statement of each year, the county superintendent shall present to the®^®®’ county board of his county : First —A statement showing the sales of school lands made subsequent to the first regular term of the previous year, which shall be a true copy of the sale book (book B). Second —Statements of the amount of money received, paid, loaned out and in hand, belonging to each township or fund under his control—the statement of each fund to bo separate. Third —Statements copied from his loan book (book C), 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 Duties of th© and compare with the vouchers. And the said county board, board, or so many of them as may be present at the term of the court, shall be liable, individually, to the fund injured, and to the securities of said county superintendent, in case judgment be recovered of said securities, for all damages occasioned by a neglect of the duties, or any of them, re¬ quired of them by this section: Provided^ nothing herein securities not contained shall be construed to exempt the securities of said exempt, county superintendent from any liability as such securities, but they shall still be liable to the fund injured, the same as if the county superintendents were not liable. § 95. The county superintendents shall, also, at the time Transcript sent aforesaid, transmit to the auditor of public accounts a f^lpo auditor, and exact transcript, from book B, of all the sales made subsequent to each report. The statement required to be presented to the county board shall be preserved and copied by the clerk of said court into a well-bound book kept for that purpose; and the list transmitted to the auditor shall be filed, copied and preserved in like manner. § 96. Every purchaser of common school land shall be Patents, 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 there¬ to by the secretary of state, and shall operate to vest in the purchaser a perfect title in fee simple. When patents are executed as herein required, the auditor shall note on the list of sales the date of each patent, in such manner as to perpetuate the evidence of its date and delivery, and there¬ upon transmit the same to the county superintendent of the proper county, to be by him delivered to the patentee, his Certificate to be 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 52 patents, heretofore or hereafter so issued by the state for school lands, or duly certified copies thereof from any record legally made, shall, after the lapse of ten years from the of 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 evi¬ dence 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. Duplicates of 8 97. Purchasers of common school lands, and their patents. neirs and assigns, may obtain duplicate copies of their cer- tificates of purchase and of patents, upon filing affidavit with the county superintendent in respect to certificates, and with the auditor in respect to patents, proving the loss or destruction of the originals; and such copies shall have all the force and effect of the originals. Acts repealed. § 98. “An act to establish and maintain a system of free schools,” approved February 16, 1857; “An act to estab¬ lish and maintain a system of free schools,” approved Feb¬ ruary 22, 1861; “An act to establish and maintain a system of free schools in the state of Illinois,” approved February 16, 1865; “An act to amend an act entitled ‘an act to estab¬ lish and maintain a system of free schools in the state of Illinois,’ approved February 16, 1765,” approved February 28, 1867; “An act to amend the school law,” approved March 30, 1869; “An act relating to assessments and taxa¬ tion in school districts,” approved March 29, 1869; “An act concerning reports of school officers and of incorporated institutions of learning,” approved March 29, 1869 ; and all other acts and parts of acts inconsistent with this act, and all general school laws of this state, are hereby repealed. Approved April 1, 1872. APPENDIX. \ APPENDIX. LEGALIZING SCHOOL DISTRICTS, g 1. Legalizing School District An Act to legalize school districts organized under tJw SSrd section of ‘^An act to establish and maintain a system of free schools,^’ approved April 1872. Approved May 25, 1877. In force July 1, 1877. Section 1. [Legalizing School District.] Be it en¬ acted by the People of the the State of Plinois^ represented in the General Assembly^ That all School Districts which have been organized as such, under the provisions of section 33, of “An act to establish and maintain a system of free schools for the State of Illinois,” approved April 1st, 1872, are hereby legalized, and such school districts shall be held and considered legally organized school districts for all purposes originally contemplated. Approved May 25, 1877. RENTING AND SALE OF SCHOOL LANDS, g 1. The renting and sale of School Lands. An Act regulating the renting and sale of school lands. Ap¬ proved May 25, 1877. In force July 1, 1877. Section 1. [Renting and Sale of School Lands.] Be it enacted by the People of the State of Illinois., represented in the General Assembly, That it shall be lawful for the trustees of schools in townships in which section number sixteen or any other lands in - lieu thereof remain unsold, or which has title to any other school lands whatsoever, may rent or lease the same for an annual rent, to be paid in money to the treasurer, by a written contract made by the President and Secretary, 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 trans¬ mitted to the county Superintendent, and in case of any default in payment of rent, the said board of trustees IV shall at once proceed to collect the same by distress or oth¬ erwise 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 term than two years, except where said lands are leased for the purpose of having permanent improvements made thereon as may be the case in cities and villages : Provided, that the provisions of this act shall not apply to cities having a population of over one hundred thousand inhabitants. Approved May 25, 1877. An Act to em^oower township trustees to sell and convey right of way and depot grounds for the use of railroads crossing school lands. Section 1. Be it enacted by the People of the State of Illinois, represented iu the General Assembly, That the trustees of schools of any township concerned are hereby authorized and empowered, in their corporate capacity, to sell and con¬ vey to any railroad company •svhich may construct a rail¬ road across any of the public school lands of such township, the rignt of way and necessary depot grounds. All money received by such trustees for any right of way or depot ground so sold, to be turned over by such trustees to the treasurer of the township, for school purposes. Approved April 17, 1875; in force July 1, 1875. PAYMENT OF SCHOOL INDEBTEDNESS. An Act to amend an act entitled “An act to enahle Counties, Cities, Townships, School Districts and other Municipal Corpo¬ rations to take up and cancel outstanding bouds and other evidences of indebtedness, and fund the same,” approved and in force March 26, 1872. Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That section one (1) of the aforesaid act be amended so as to read as follows : May issue new “§ 1. That in all cases where any county, city, town, bonds. township, school district or other municipal corporation have issued bonds or other evidences of indebtedness for money, on account of any subscription to the capital stock of any railroad company, or on account of or in aid of any public buildings or other public improvement, or for any other purposes which are now binding or subsisting legal obligations against any county, city, town, township, school district or other municipal corporations, and remain- V ing outstanding, and which are properly authorized by law, the proper authorities of any such county, city, town, township, school district or other municipal corporations may, upon the surrender of any such bonds, or other evi¬ dences of indebtedness, or any number thereof, issue in place or in lieu thereof to the holders cr owners of the same, new bonds or other evidences of indebtedness, in such form, for such amount, upon such time, not exceeding the term of twenty years, and drawing such rate of interest, not exceeding ten per cent, as may be agreed upon wdth such holders or owners ; 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 Bonds to be new bonds in lieu of such indebtedness shall first be^^ authorized by a vote of a majority of the legal voters of such county, city, town, township, school district or other municipal corporation, voting either at some annual or spe¬ cial election of such municipal corporation : And provided, further, that such bonds, or othr-r evidences of indebtedness, shall not be issued so as to increase the aggregate indebt¬ edness of such municipal corporation beyond five per centum on the value of the taxable property therein—to be ascertained by the last assessment for state and county taxes, prior to the issuing of such bonds or other evidences of indebtedness. Nothing contained in this act, or in the act to which this is an amendment, shah be held to repeal or in any wise affect the power of the city of Chicago to issue new bonds to an amount sufficient to retire and satis¬ fy maturing bonds of said city, conferred by section 38 of an act of the general assembly, approved February 13,1863, amending the charter of said city.” Approved April 14, 1875 ; in force July 1, 1875. RIGHTS OF COLORED CHILDREN. An Act to protect colored children in their rights to attend Public Schools. Section 1. Be it enacted by the People of the State of Illi¬ nois, represented in the General Aseembly, That all directors of Forbidden to schools, boards of education, or other school officers, whose duty it now is, or may be hereafter, to provide, in their re¬ spective jurisdictions, schools for the education of all child¬ ren between the ages of six and twenty-one years, are pro¬ hibited from excluding, directly or indirectly, any such child from such school on account of the color of such child. § 2. Any such school officer or officers as are mentioned in the foregoing section, or any other person, who shall ex- elude, or aid in the exclusion from the public schools any VI child who is entitled to the benefits of such school, on ac¬ count of such child’s color, shall be fined, upon conviction, in any sum not less than five nor more than one hundred dollars each, for every such offense. Menance and § 3. Any person who shall, by threats, menace or in- intimidation. timidation, prevent any colored child entitled to attend a public school in this State from attending such school, shall, upon conviction, be fined in any sum not exceeding twenty-five dollars. Approved March 24, 1874. WOMEN AS SCHOOL OFFICERS. An Act to authorize the election of women a>s school officers. sehoS^offic^^ Section 1. Be it enacted by the People of the State of Eli' nois, represented in the General Assend)ly^ That any woman, married or single, of the age of twenty-one years and up¬ wards, and possessing the qualifications prescribed for men, shall be eligible to any ofiice under the general or special school laws of this State. Togivebond. § 2. That any woman elected or appointed to any ofiice under the provisions of this act, before she enters upon the discharge of the duties of the ofiS.ce, shall qualify and give bond as required by law, and such bond shall be binding upon her and her securities. Approved April 3, 1873. CHARITABLE INSTITUTIONS. An Act to regulate the State Charitable Institutions and the State Reform School, and to improve their organization and irwrease their efficiency. Section 1. It shall be the duty of the superintendent of public instruction to visit such of the charitable institu¬ tions of the state as are educational in their character, and to examine their facilities for instruction; and the several superintendents of these institutions shall make to him reports, at such times, on matters educational relating to their institutions, and in such forms as he may prescribe. Approved April 15, 1875, in force July 1, 1875. state normal universities. An Act for the establishment and maintenance of a Normal Uni¬ versity. In force Feb. SECTION 1. Be it enacted by the People of the State of Rlinois , 18 ,1850. represented in the General Assembly, That C. B. Denio, of Jo Daviess county, Simeon Wright, of Lee county, Daniel VII Wilkins, of McLean county, C. E. Hovey, of Peoria county, corporators. George P. Rex, of Pike county, Samuel W. Moulton, of Shelby county, John Gillespie, of Jasper county, George Bunsen, of St. Clair county, Wesley Sloan, of Pope county, Ninian W. Edwards, of Sangamon county, John Eden, of Moultrie county, Flavel Mosely, of Cook county, William H. Wells, of Cook county, Albert R. Shannon, of White county, and the superintendent of public instruction, ex- qfficio, with their associates, who shall be elected as herein provided, and their successors, are hereby created a body corporate and politic, to be styled The Board of Educa- style, tion of the State of Illinois,” and by that name and style shall have perpetual succession, and have power to con¬ tract and be contracted with, to sue and be sued, to plead and be impleaded, to acquire, hold and convey real and powers personal property; to have and use a common seal, and to alter the same at pleasure; to make and establish by-laws, and alter or repeal the same as they shall deem necessary for the government of the normal university hereby au¬ thorized to be established, or any of its departments, offi¬ cers, students or employees, not in conflict with the constitution and laws of this state, or of the United States; and to have and exercise all powers, and be subject to all - duties usual and incident to trustees of corporations. § 2. The superintendent of public instruction, by virtue of his office, shall be a member and secretary of said board, and shall report to the legislature at its regular sessions the supenntend- condition and expenditures of said normal university, and communicate such further information as the said board of education or the legislature may direct. § 3. No member of the board of education shall receive Members not to any compensation for attendance on the meetings of the board, except his necessary traveling expenses, which shall be paid in the same manner as the instructors employed in the said normal university shall be paid. At all the stated and other meetings of the board, called by the president or secretary, or any five members of the board, five members shall constitute a quorum, provided all shall have been duly notified. § 4. The objects of the said Normal University shall be object of uni- to qualify teachers for the common schools of this state, by imparting instruction in the art of teaching, and all branches of study which pertain to a common school educa¬ tion, in the elements of the natural sciences, including agricultural chemistry, animal and vegetable physiology, in the fundamental laws of the United States and the state of Illinois, in regard to the rights and duties of citizens, and such other studies as the board of education may, from time to time, prescribe. § 5. The board of education shall hold its first meeting Time of meet- at the office of the superintendent of public instruction, the first Tuesday in May next, at which meeting they shall appoint an agent, fixing his compensation, who shall visit VIII Appoint prin¬ cipal and lec¬ turer. Text-books. Provide aux¬ iliary. Each county entitled to gra¬ tuitous instruc¬ tion for pupils. Application of pupils. Selected by lot. Required to file declaration. the cities, villages and other places in the state which may be deemed eligible for the purpose, to receive donations and proposals for the establishment and maintenance of the Normal University. The board shall have power, and it shall be their duty, to fix the permanent location of said Normal University at the place where the most favorable inducements are offered for that purpose : Provided, That such location shall not be difiicult of access, or detrimental to the welfare and prosperity of said normal university. § 6. The board of education shall appoint a principal, lecturer on scientific subjects, instructors and instructresses, together with such officers as shall be required in the said normal university, fix their respective salaries and prescribe their several duties. They shall also have power to remove any of them for proper cause, after having given ten daj^s’ notice of any charge, which may be duly presented, and reasonable opportunity for defense. They shall also pre¬ scribe the text books, apparatus and furniture to be used in the university, and provide the same; and shall make all regulations necessary for its management. And the board shall have the power to recognize auxiliary institutions when deemed practicable : Provided, That such auxiliary institutions shall not receive an appropriation from the treasury, or the seminary or university fund. § 7. Each county within the state shall be entitled to gratuitous instruction for one pupil in said normal univer¬ sity; and each representative district shall be entitled to gratuitous instruction for a number of pupils equal to the number of representatives in said district, to be chosen in the following manner : The county superintendent in each county shall receive and register the names of all applicants for admission in said normal university, and shall present the same to the county court, or, in counties acting under township organization, to the board of supervisors, as the case may be ; shall, together with the county superintend¬ ent, examine all applicants so presented in such a manner as the board of education may direct, and from the number of such as shall be found to possess the requisite qualifica¬ tions, such pupils shall be selected by lot; and in repre¬ sentative districts composed of more than one county, the county superintendent and county judge, or the county superintendent and chairman of the board of supervisors, in counties acting under township organization, as the case may be, of the several counties composing such representa¬ tive district, shall meet at the clerk’s office of the county court of the oldest county, and from the applicants so pre¬ sented to the county court or board of supervisors of the several counties represented, and found to possess the re¬ quisite qualifications, shall select by lot the number of pupils to which said district is entitled. The board of edu¬ cation shall have the discretionary power, if any candidate does not sign and fide with the secretary of the board a declaration that he or she will teach in the public schools 0 IX within the state, in case that engagements can be secured by reasonable efforts, to require such candidate to provide for the payment of such fees for tuition as the board may prescribe. § 8. The interest of the university and seminary fund Appropriation, or such part thereof as may be found necessary, shall be and is hereby appropriated for the maintenance of said normal university, and shall be paid on the order of the board of education from the treasury of the state; but in no case shall any part of the interest of said fund be ap¬ plied for the purchase of sites, or for buildings for said university. § 9. The board shall have power to appropriate the one thousand dolla.rs received from the Messrs. Merriam, of Springfield, Massachusetts, by the late superintendent, to the purchase of apparatus for the use of the normal univer¬ sity, when established; and hereafter, all gifts, grants and demises which may be made to the said normal university shall be applied in accordance with the wishes of the don¬ ors of the same. § 10. The board of corporators herein named, and their Temi of office, successors, shall each of them hold their office for the term of six years; Provided, that at the first meeting of said board, the said corporators shall determine, by lot, si that one-third shall hold their office for two years, one-third for four years, and one-third for six years. The governor, by and with the advice and consent of the senate, shall fill all how ~ vacancies w^hich shall at any time occur in said board, by appointment of suitable persons to fill the same. § 11. At the first meeting of the board, and at each Elect president biennial meeting thereafter, it shall be the duty of said board to elect one of their number president, who shall serve until the next biennial meeting of the board, and until his successor is elected. § 12. At each biennial meeting it shall be the duty of of'trea^urS^^^ the board to appoir t a treasurer, who shall not be a member of the board, and who shall give bond, with such security as the board may direct, conditioned for the faithful dis¬ charge of the duties [of] his office. § 13. This act shall take effect on and after its passage, and be published and distributed as an appendix to the school law. Approved February 18, 1857. SOUTHERN ILLINOIS NORMAL UNIVERSITY. An Act to establish and maintain the Southern Illinois Normal University. Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That a body politic and Namh corporate is hereby created by the name of the Southern X Objects. Illinois Normal University, to have perpetual succession, with power to contract and be contracted with, to sue and General powers ] 3 e sued, to plead and be impleaded, to receive, by any legal mode of transfer or conveyance, property of any descrip¬ tion, and to have, hold and enjoy the same, with the rents and profits thereof, and to sell and convey the same ; also, to make and use a corporate seal, with power 'to break or change the same, and to adopt by-laws, rules and regula¬ tions for the government of its members, officers, agents Proviso, and employees : Provided, such by-laws shall not conflict with the constitution of the United States or of this state. § 2. The objects of the said Southern Illinois Normal University shall be to qualify teachers for the common schools of this state by imparting instruction in the art of teaching in all branches of study which pertain to a com¬ mon school education, in the elements of the natural sci¬ ences, including agricultural chemistry, animal arid vege¬ table physiology, in the fundamental laws of the United States, and of the State of Illinois, in regard to the rights and duties of citizens, and such other studies as the board of education may, from time to time, prescribe. iiftrustees^^^^^ § powers of the said corporation shall be vested in and its duties performed by a board of trustees, not ex¬ ceeding five in number, to be appointed as hereinafter pro¬ vided. Appointment § 4. Upon the passage of this act the governor shall of trustees. nominate and, by and with the advice of the senate, ap¬ point five citizens of the state as trustees of said institution, two of whom shall serve for two years, and three for four years, and until their successors are appointed and enter on duty, and successors in each class shall be appointed in like manner for four years : Provided, that in case of a vacancy by death or otherwise, the governor shall appoint a succes¬ sor for the remainder of the term vacated: Provided, that not more than two members of said board shall be resi¬ dents of any one county. § 5. The said trustees shall hold their first meeting at Centralia, within one month after the passage of this act, at which meeting the}^ shall elect one of their body as pres¬ ident, and another as secretary ; and cause a regular record to be made and kept of all their proceedings. The said board shall also, whenever his services shall be required, appoint a treasurer, not a member of the board, who shall bonds to the People of the State of Illinois in double the amount of the largest sum likely to come into his hands, the penalty to be fixed by the board, conditioned for the faithful discharge of his duties as treasurer, with two or more securities; the treasurer may also be required to exe¬ cute bonds from time to time as the board ma}^ dn'cct. Duties oi treaa- § 6. The treasurer shall keep an accurate accOciiit of all nrer. moneys received and paid out; the account for articles and supplies of every kind purchased shall be kept and reported, so as to show the kind, quantity and cost thereof. XI § 7. No member, officer, agent or employee of the board Contracts, shall be a party to or interested in any contract for mate¬ rials, supplies or services other than such as pertain to their positions and duties. § 8. Accounts of this institution shall be stated and set- Accounts, tied annually with the auditor of public accounts, or with such person or persons as may be designated by law for that purpose. And the trustees shall, ten days previous to each regular session of the general assembly, submit to the governor a report of all their actions and proceedings in the Reports, execution of their trust, with a statement of all accounts connected therewith, to be by the governor laid before the general assembly. § 9. The said board shall meet quarterly at such places Meet quarterly, or place as may be agreed on, and, until the buildings are completed, as much oftener as may be necessary; and there¬ after the meetings shall be at the university. § 10. The trustees shall, as soon as practicable, adver-Location, tise for proposals from localities desiring to secure the loca¬ tion of said normal university, and shall receive, for not less than three months from the date of their first adver¬ tisement, proposals for points situated as hereinafter mentioned, to donate lands, buildings, bonds, moneys, or other valuable consideration, to the state in aid of the foundation and support of said university ; and shall, at a time previously fixed by advertisement, open and examine such proposals, and locate the institution at such point as shall, all things considered, offer the most advantageous conditions. The land shall be selected south of the railroad, or within six miles north of said road passing from St. Louis to Terre Haute, known as the Alton and Terre Haute rail¬ road, with a view of obtaining a good supply of water and other conveniences for the use of the institution. § 11. Upon the selection and securing of the land afore- Erection of said, the trustees shall proceed to contract for the erection of buildings in which to furnish educational facilities for such number ofstudentsas hereinafter providedfor, together with the out-houses required for use, also for the improve¬ ment of the land so as to make it available for the use of the institution. The buildings shall not be more than two ion. stories in height, and be constructed upon the most approved plan for use, shall front to the east, and shall be of sufficient capacity to accommodate not exceeding three hundred stu¬ dents, with the officers and necessary attendants. The outside walls to be of hewn stone or brick, partition wallsof brick, roofs of slate, and the whole buildings made fireproof, and so constructed as to be warmed in the most healthy and economic.^, manner, v/ith ample ventilation in all its parts. The out-houses shall be so placed and constructed as to avoid ail danger to the main buildings from fire origi¬ nating in any one of them. The board shall appoint an honest, competent superintendent of the buildings and im¬ provements aforesaid, whose duty it shall be to be always XII Proviso. Instructors. Text-books. present during the progress of the work, and see that every stone, brick and piece of timber used, is sound and properly placed, and whose right it shall be to require contractors and their employees to conform to his directions in executing their contracts: Provided, however, that said board of trus¬ tees may appoint any one of their number such superinten¬ dent : And, provided further, that the buildings aforesaid may be erected and improvements made under the direction of the board and its superintendent, without letting the same to contractors. § 12. The said board of trustees shall appoint instruc¬ tors, and instructresses, together with such other officers as may be required in the said normal university, fix their respective salaries and prescribe their several duties. They shall also have power to remove any of them for proper cause after having given ten days’ notice of any charge wffiich may be duly presented, and reasonable opportunity of defense. They shall also prescribe the text-books, appa¬ ratus and furniture to be used in the university and provide the same, and shall make all regulations necessary for its management. zach county 8 13. All the counties shall be entitled to gratuitous pils gratuitous- instructions lor two pupils tor each county in said normal university, and each representative district shall be entitled to gratuitous instruction for a number of pupils equal to Mannerenosen. number of representatives in said district, to be chosen in the follovv^ing manner^ the superintendent of schools in each county shall receive and register the names of all applicants for admission in said normal university, and shall present the same to the county court, or, in counties acting under township organization, to the board of super¬ visors, which said county court or board of supervisors, as the case may be, shall, together with the superintendent of schools, examine all applicants so presented, in such man¬ ner as the board of trustees may direct; and from the num¬ ber of such as shall be found to possess the requisite quali¬ fications such pupils shall be selected by lot, and in repre¬ sentative districts composed of more than one county, the superintendent of schools and county judge, or the superin¬ tendent of schools and chairman of the board of supervi¬ sors in counties acting under township organization, as the case may be, of the several counties composing such repre¬ sentative district, shall meet at the clerk’s office of the county court of the oldest county, and from the applicants so presented to the county court or board of supervisors of the several counties represented, and found to possess the requisite qualifications, shall select by lot the number of pupils to which said district is entitled. The board of trustees shall have discretionary power, if any candidate does not sign and file with the secretary of the board a de¬ claration that he or she will teach in the public schools within the state not less than three years, in case that en¬ gagements can be secured by reasonable efibrts to require XIII candidate to provide for the payment of such fees for tui¬ tion as the board may prescribe. § 14. To enable the board of trustees to erect the build¬ ings and make the improvements preparatory to the recep¬ tion of pupils in said institution, and to supply the neces¬ sary furniture for the same, the sum of seventy-five thou¬ sand dollars is hereby appropriated out ol the state treas¬ ury, payable on the order of said board, as required for use, in sums not exceeding ten thousand dollars per month. The first payment to be made on the first day of June next, and subsequent payments monthly thereafter, but each suc¬ cessive order for subsequent payments shall be accompanied by an account sustained by vouchers, showing, to the satis¬ faction of tha auditor, the expenditure of the previous payment. § 15. The expense of building, improving, repairing, and supplying fuel and furniture, and the salaries or com- , i>ensation of the trustees, superintendent, assistants, agents and employees, shall be a charge upon the state treasury ; all other expenses shall be charg.able against pupils, and the trustees shall regulate the charges accordingly. § 16. If the buildings and improvements herein provi¬ ded for shall be ready for the reception of pupils before the next regular session of the general assembly, the governor is authorized to make orders on the auditor, directing him to issue warrants at the end of each quarter of the fiscal year for amounts sufficient to pay the expenses chargable against the state, and the auditor shall issue warrants ac¬ cordingly, which shall be paid by the treasurer. § 17. The trustees of this institution shall receive their personal and traveling expenses, and the auditor is hereb} authorized to issue his warrants quarterly, upon taking the affidavit of the trustees as to the actual time emplo 3 ^ed, and their personal and traveling expenses. § 18. This act shall take effect and be in force from and after its passage. Approved March 9, 1869. COUNTY NORMAL SCHOORS. An Act to c^nable counties to establish County Normal Schools. Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in* each county- adopting township organization, the board of supervisors, and in other counties the county’’ court, may establish a county normal school for the purpose of fitting teachers for the common schools. That they shall be authorized to levy taxes and appropriate money’^s for the support of said schools, and also for the purchase of necessary grounds and Appropriation therefor. Expense. Auditor to is¬ sue warrants. Expenses of. trustees. Ly wliom es - tahiished. XIV buildings, furniture, apparatus, etc., and to hold and ac¬ quire, by gift or purchase, either from individuals or cor- l^orations, any real estate, buildings or orher 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 be authorized to proceed under the provisions of this act until To be voted for, the Subject shall have been submitted to a vote of the peo¬ ple, at a general election, and it shall appeal that a major¬ ity of all the votes cast on the subject, at said election, shall be in favor of the establishment of a county normal school. The ballots used in voting on this subject may read “For a county normal school,” or “Against a county normal school.” Management. § 2. The management and control of said school! shall be in a county board of education, consisting of not less than five nor more than eight persons, of which board, the chairman of the board of supervisors or the judge of the count}^ court, as the case may be, and the county superin¬ tendent of schools, shall be ex-officio members. The other of^eTucatkm*^^ members shall be chosen by the board of supervisors or county court, and shall hold their offices for the term of Election. three years. But at the first election one-third shall be chosen for one year, one-third for two years, and one-third for three years, and thereafter one-third shall be elected annually. Said elections shall be held at the annual meet¬ ing of the board of supervisors in September, or at the Sep¬ tember term of the county court, as the case may be. PoAver of said § 3. Said board of education shall have power to hire teachers, and to make and enforce all needful rules and reg¬ ulations for the management of said schools. A majority of said board shall constitute a quorum for the transaction of business, and a meeting of said board may be called at any time by the president or secretary, or by any three of the members thereof. Said board shall proceed to organize, within twenty days after their appointment, by electing a president, who shall hold his office for one year, and until his successor shall be appointed. The county superintend¬ ent shall be ex-officio secretary of the board. Said board shall make to the board of supervisors, at their annual meeting in September, or to the county court at the Sep¬ tember term, as the case may be, a full report of the condi¬ tion and expenditures of said county normal school, together with an estimate of the expenses of said school for the en¬ suing year. § 4. Two or more counties may unite in establishing a normal school, in which case the percent, of tax levied for the support of said school shall be the same in each county. To i^aiizo §5. In all counties that have already established nor- inal schools, the action of the board of supervisors in so doing, and all appropriations made by them for their sup¬ port, are hereby legalized; and said boards of supervisors, are hereby authorized and empowered to make further ooi’.ntics may unite. XV appropriations for the support of such schools already estab¬ lished, until such schools shall have been established under the previous sections of this act. § 6. No member of the aforesaid county board of educa¬ tion shall be entitled to compensation for services rendered as a member of such board. § 7. This act shall be in force from and after its pas¬ sage. Approved March 15, 1869. BORx^OWlNG MONEY. 2 47. Borrowing money—Limit—Tax—Registered Boudi?. An Act to amend section forty-seven (^7) of “An act to establish arid maintain a system of free schools^' approved April Ist^ 1872, Approved May ii, 1877. In force July i, 1877. Section 1. Be it enacted by the People of the State of Uli- nais, represented in the General Assembly^ That section forty- seven (47) of an act entitled “An act to establish and maintain a system of free schools,” approved April first, 1874, be amended so as to read as follows : [The amendment to section 47 of the school law amends an act approved April first, 1874, which should read ap¬ proved April 1st, 1872, hence the provisions are of no legal value and cannot be enforced.] § 47. [Borrowing Money — Limit—Tax—Registered Bonds.] For the purpose of building school houses, or pur¬ chasing school sites, or for repairing and improving same, the directors, by a vote of the people, at an election called and conducted as required in the forty-second (42) section of this act (a majority of the votes cast shall be necessary to authorize the directors to act) may borrow money, issuing bonds, executed by the officers, or at least two members of the board, in sums of not less than one hundred dollars (SlOO), but the rate of interest shall not exceed ten per cent., nor shall the sum borrowed in any one year, exceed five per cent, (including existing indebtedness) of the tax¬ able property of the district, to be ascertained by the last assessment for the State and county taxes previous to the incurring of such indebtedness, nor shall the tax levied in any one year for building school houses, exceed three per cent, of said taxable property, except to pay indebted¬ ness contracted previous to the passage of this act. All bonds authorized to be issued by virtue of the power granted by this act, before being so issued, negotiated and sold, shall be registered, 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 be kept for that XVI 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. All moneys borrowed un¬ der authority granted by this section shall be paid into the school treasury of the township wherein the bonds issued therefor are required to be registered^ and upon re¬ ceiving said moneys, the treasurer shall deliver the bond or bonds issued therefor, to the parties entitled to receive the same, and shall credit the funds received to the district issuing the bonds, and shall enter in the “Bond Register” the exact amount received for each and every bond issued, and when any such bonds are paid, the township treasurer shall cancel the same, and shall enter in the “Bond Reg¬ ister,” against the record of such bonds the words, “Paid and canceled this-day of-, A. D.-,” filling the blanks with the day, month and year, corresponding with the date of such payment. Approved, May 11, 1877. INDEX. INDEX. PAGE.. Accounts of township treasurer, how kept... 32 subject to inspection..'. 32 Action, of assumpsit. 13 of debt, against collector. 25 on mortgage. 34 against trustees. 34 qid tarn ..34, 47 Acts, former, repealed. 58 official, to be recorded. 22 special, may be relinquished. 40 Administrators, to give preference to debts due the school fund. 34 Advertisement of school lands. 48 Adviser, legal, state superintendent to be. 7 official, county superintendent to be. 10 Age, school. 22 Amount of tax required, to be certified. 23 Apparatus, authority for purchase of. 23 Appeal from decision of county superinten¬ dent. 10 Appairtionment, by county superintendent.... 9 of funds by trustees . 17 when made. 17 basis of. 17 by auditor. 35 when made. 35 Appraisal, of district property, time. 16 at fair cash value. 16 Appraiser, not to be resident of township. 16 Appropriation for teachers’ institutes. 38 Assessor, to note number of school district. 24 books of, to be ruled therefor. 24 Assumpsit. See “action of.’’ Attorneys, state’s. 47 Auction, sales of real estate by trustees. 20 sale of school land (16th section). 48 Auditor of public accounts, to apportion state funds. 37 to issue warrants to county superintend¬ ent . 37 to issue warrants to state treasurer. 37 to file list of land sales. 51 to issue patents for school lands. 51 to return certificates to county superin¬ tendent. 51 Ba.sis of apportionment.9,18. 36 Bidding for school lands, manner of. 49 Boards, county. See “County.’’ ^ _ A _ t. TN _• « • of education, to report statistics. 41 in what cases chosen.. 42 successors to directors. 42 election and terms of office of. 42 powers and duties of. 42 in cities of 100,000. 44 to be appointed. 45 to consist of fifteen members.. . 46 term of office of. 46 eligibility. 46 powers and duties of. 43 of trustees. See “Trustees.” Bond, official, of state superintendent. 5 of county superintendent. 7 to be filed with county clerk. 8 form of.. 7, 8 when insufficient. 8 of township treasurer, to be approved by County superintendent.*..'. 9 PAGE. Bond of township treasurer. 30 amount of. 31 form of. 31 may be increased. 31 to be approved by trustees. 31 to be filed with county superintendent. 31 Bonds, district, provision's for issuing. 25 Books, for county superintendent, how paid for. 8 of record, directors to buy. 22 blank, for asses-sors, how made.‘24 record of trustees... 14 of township treasurer. 31 boundaries, district. 16 branches of study required. 27 directors or voters may prescribe. 27 Causes for dismissal of teacher. 26 removal of county superintendent. 8 removal of directors. 39 Census, last state, basis of appointment. 37 Certificate, poll book and, of tax, to township treasurer. 22 time of return. 22 form of. 22 when district partly in two countie.s. 22 of amount due each district. 22 teachers, of licensure.22 given by county superintendent. 27 conditions of. 27 two grades. 27 form of. 27 may be renewed. 27 may be revoked.27 record of to be kept. 27 See “State.” of qualification, essential to payment. 28 of purchase of school lands. 51 to be filed by county superintendent. 51 duplicate have force ot original. 51 Cities and towns. See “Towns.” of 100,000 inhabitants. 44 board of education in. 14 Change of district lines. 15 Changes of district lines, to be recorded. 17 to be filed in ten days. 17 compliance essential to validity of. 17 Children, number of to be reported,. 19 under 21—basis of apportionment....9, 18, 36 school—age of, 6-21. 25 school rights to be secured. 25 failure to make return of. 24 Clerk of board of directors. 22 compensation of. 22 to report to township treasurer. 22 of trustees—treasurer ex officio . 14 of courts of record to report fines and for¬ feitures.. 47 Common school lands. See “ School lands” Compensation of clerk of directors. 22 of officers. 38 of county superintendent, provided by law. 38 payable from county treasury. 38 of county collector fixed by law. 38 of township treasurer. 38 Collections of fines to be enforced. 48 Collector, to pay taxes to township treasurer.. 24 to make statement of uncollected taxes... 24 II INDEX. Collector— page. failure to pay tax. 24 penalty for. 24 action of debt against. 24 rot liable for delinquent. 25 to pay county superintendent on auditors warrant. 38 of two-mill tax, compensation.. :38 Contracts—interested in. 23 Control of school houses. 20 Consolidation of districts. 15 Constitution, Art. 8, front fly-leaf. Controversies first to be brought to county superintendent. 10 Conveyances, by superintendent or trustees.... 11 of school property, how made. 20 Corporation, trustees a perpetual. 11 board of directors a. 25 cannot make sectarian grants. 39 Costs, not chargable, when. 40 County board may remove county superin¬ tendent..*. 8 may fill vacancy. 8 may direct as to visitation. 10 examiners, board of. 27 may appropriate, for institutes. 38 to examine statements. 51 liable.. 51 County clerk to order first election of trustees 11 to record map. 10 to change tax lists, rule for.. 10 duties in computing district tax. 2-1 his computation to be final. 24 to certify to township treasurers. 24 to record report. 51 County fund. County superintendents of schools. time of election . 7 term of oflice. 7 to take oath. 7 bond of, penalties and conditions. 7 form of bond. 8 bond to be filed with county clerk. 8 county board may remove..’.. 8 coujtty board may increase bond. 8 county board may fill vacancy... 8 county board may order election for suc- I I ccssor. 8 to keep records. A, B and C. 8 to examine bonds of township treasurers. 8 to file same, if good and sufiicient. 8 to hold funds unless same has been filed.. 8 to apportion state funds. 9 to report to state superintendent. 9 liability for failure to reimrt. 9 to tin’ll over oflice to successor. 9 to loan county funds. 9 to apportion interest on county fund. 9 notes in name of, valid. 9 to visit schools, when. 10 duties of, to school and school ofiicers. 10 opinion of, in controversies. 10 duties in procuring statistics. 10 to bring suit against trustees for costs thereof. 10 may re-sell real estate taken for debt. 10 to order election of trustees, when. 12 to order district elections, when. 21 to grant certificates. 27 may renew or revoke certificates. 27 to keep record. 27 to report to state superintendent. 28 to hold examinations quarterly. 28 to receive no fee. 28 may bring suit against collector. 38 compensation of, how paid.... 38 may remove directors. 39 to receive fines and forfeitures. 48 to distribute same. 48 may sue for failure to report. 48 to notify trustees of petition. 49 to sell lands according to plat.. 49 to advertise school lands. 50 PAG s. County superintendent— to ’sell lands—manner. 49 may sell at private sale. 51 to issue certificates to purchaser. 50 to report to county board. 51 to report land sales to auditor. 51 Debt, bonded, bars change of district lines. Debts of old district to be deducted. school, to be first paid. Default in payment of loans. penalty therefor. in payment of interest. Demands against school ofiicers. 38, Designation of boards of directors. 25, Directors, school, may transfer pupils. to deliver separate schedules. to collect dues from other townships. to have control of school houses. may grant use for meetings. their election and duties. 15, 21, election of. when held, how called and conducted. meet and organize. may be postponed. evidence of. to appoint clerk, duties of. to make report at annual election. must be resident of district. cannot be trustees. cannot be interested in contracts. authorized to buy record book. may pay clerk. powers of in levying tax. shall certify to amount needed. may borrow money, when. duties of in maintaining schools. may locate site, when. judgments and executions against. may prescribe other branches. cannot employ' teacher, when. must examine, correct, certify and file schedules. limited in certifying schedules. to file schedules by given day'. to receipt to teacher. liable for loss of schedule. must pay interest, when. clerk of. See “Clerk.’’ may be removed. Districting of newly organized townships. District boundaries, rules for changing. change of not valid, when. property to be appraised and divided. township a, for high school. funds, custodians of. tax, to be uniform. school orders. Districts, formation of. limitation in forming. ofiicial designation of. of two thousand inhabitants. Division of property and funds to be made when. Donations, for school purposes. 15 15 34 3-i 34 34 39 26 18 18 18 20 20 26 21 15 22 22 22 22 23 23 23 22 22 2’2 23 25 2;3 26 26 28 28 30 30 30 30 30 30 39 14 14 15 16 18 20 24 36 15 14 14 41 16 20 Election of superintendent of public instruc tion. a of county superintendent. 7 of trustees. H how ordered. H W'henheld. H may be adjourned. H county superintendent may order. 12 judges of. 12 manner of conducting. 12 manner of contesting. 12 at town meeting, when. 12 to fill vacancy. 1-3 return of..’.. !<* INDEX. in Election of Superintendent— page. of directors, time of. 21 notices of. 21 township treasurer to order in new dis¬ trict. 21 failure of directors to order. 21 may be postponed.-. 22 judges of. 22 decision of in a tie. 22 poll-book and certificate of. 22 at annual, report to be made. 22 required for borrowing money. 25 for purchasing sites or building houses. 25 for organizing under free school law. 44 in what cases to be called.. 44 fifteen days notice required.. 44 Eligibility, to office of trustees.11,19 of director.22, 23 of voters. 13 for board of education.41, 42 Examination, township officers to make. 20 of teachers. 26 by whom conducted. 26 in what branches. 26 notice of to be published of State Ex. 27 must be held quarterly. 28 Executors, to give preference to school debts.. 34 Exemption from road labor, etc., Avho. 38 Expenses, of oflice of state superintendent. 7 of supporting schools. 23 Expulsion of pui;)ils, by directors. 26 no action against directors for. 26 I I I I i I Failure to hold election of trustees. 12 to make election returns. 13, 22 of directors to order. 21 of township treasurer. 35 to make report—fine. 48 to pay fine. 48 of purchaser to make payment. 50 Fines and forfeitures. See “penalties”. 48 Forfeiture of funds may be remitted. 19 Form of bond of county superintendent. 7 of tax certificate. 23 of teachers’ certificate. 27 of record of certificates. 27 of schedule. 29 of certificate of. 29 of certificate of directors.30 of bond of township treasurer. 31 of record of notes, etc. 32 of mortgage. 33 of district orders. 36 Fractional townships, union of, with adjacent townships.11, 49 sale of school lands in. 48 Funds, state superintendent may withhold. 7 county superintendent not to pav, when.. 9 Funds, on hand to be divided..'.. 16 apportionment of, by trustees. 17 district, to be paid on orders. 17 Funds, forfeiture of.19 town.ship, how loaned. 32 may be loaned to directors. 33 how secured. 33 Fund, township, inviolable. 36 interest of, to be distributed.36, 37 county.34, 35 school, from special taxes. 36 slate school, what. 36 custoeremptory. 33 action on.*. 34 Neglect, to order elections. 12 to make election returns. 13 to make report. 18 of collector to nay tax. 24 and 25 to return schedules. 30 of collector to pay auditor’s warrant. 37 to perform duties. 38 New districts, formation of. 15 to receive share of property. 16 election in. 25 directors to draw lots. 22 Normal schools, graduates of county. 27 Notes, etc., in name of county superintend¬ ent. 7, 10 suits on. 10 trustees to examine. 20 trustees may cancel. 21 record of. 32 township. 32 payable to board. 32 to be examiired. 32 treasurer to turn over. 35 Notices of elections— of trustees. 12, 13 for high school. 18 of directors. 21 of sale of school property. 20 of examination, State. 28 of sale of school land. 50 Office of state superintendent— where kept—how. 5 Officers, school, exempt from road labor and military duty. 38 liabilities of. 38 lieu on real estate of. 39 subject to fine. 39 responsible for losses. 39 interest of in school funds. 39 not liable for costs. 40 in cities and towns..,. 40 towns to make returns. 16 Official bonds. See “Bonds.” Oath, official, of state superintendent. 5 of county superintendent... 7 Orders of directors, not to be drawn till sche¬ dule is filed. 30 treasurer to pay on, only. 30 purpose to be stated. 30 form of. 30 treasurer to file. 30 Organization, election for, under free school law. 41, 42 Patents, to purchasers of school land. 51 how to be issued. 51 evidence of legality of sale. 52 a perfect title. 52 duplicate to have force of original. 52 Penalties— removal of county superintendent.. 8 trustees, failure iii returns. 10 PAGE. Penalties— failure to return poll book. 13, 23 trustees, faihrre to divide property. 17 township to forfeit funds. 19 collector, not paying over taxes. 25 for default in paying loans. 34, 35 township treasurer, failure to turn over... 36 of school officers. 40 fine of trustees. ,39 fine of school officers. 39 removal of directors. 40 perversion of funds. 39 sale of books, ete. 40 for trespass on school lands. 47 fines and forfeitures. 47 hoAv collected. 47 when to be paid over. 47 to be distributed by county superintend¬ ent . 47 duties of state’s attorneys. 47 duties of justices.. 47 report of justices. 47 failure to report, fine. 48 failure to return. 48 in cities and towns excepted. 46 Permits, for transfer of pupils. 18 to be filed. 18 Persons, suitable to take statistics. 10 to have access to books, etc. 10 payment of, manner. 10 to be recovered from trustees.10 Perversion of funds, to sectarian purposes, forbidden. 39, 40 penalty for. 40 Petition, for change of district bounds. 14,15 for high school. 18 to be filed with treasurer, when. 18 for sale of school house. 20 for election, on voiding special acts. 43 for sale of school lands. 48 Plat of districts, map of school lands. 49 Poll book, election of trustees. 13 returnable to county superintendent, limit. 13 penalty for failure to return. 13 election of directors.21, 22 returnable to township treasurer. 22 failure and penalty. 13 Postponement of elections. 12, 22 Powers of directors— in levying taxes. 23 in borrowing money. 25 in maintainance of schools. 23 President of board of trustees— to hold for one year. 14 pro tern may be chosen. 14 to execute conveyances... 20 of board of directors. 22 process to be served on. 26 to sign orders. 30 Procedure in dividing property. 16 Proceedings, official to be recorded. 14, 22 record of, open to inspection. 14 of directors, treasurer to examine record.. 22 Property of districts, division of. 16 when made. 15 rules concerning.15, 16 debts to be deducted. 16 Property of districts— limitation as to time. 15 to be accounted for. 28 Pupils, transfer of. 18 assigning of. 26 suspension and expulsion of. 26 attendance of. 29 age of, to be noted. 29 Purchasers of school land- may borrow bid. 49 requirements of. 50 failure to make payment. 50 to pay difference. 50 to receive certificate. 49 INDEX. V PAGE. Purchasers of school land— to receive patents. 50 may have duplicate of certiticate of patent 52 Qualifications for office, of trustees.11, 23 of directors..... 22 of township treasurer. 14 of voters. 13 of teachers. 27 how determined. 27 certificates of. 27 required.26, 27 Quorum of trustees.14 of directors. 25 Rate of interest, on schedules. 30 on township funds. 32 to be paid by state. 37 of district taxes. 23 to he uniform. 24 of state tax. 37 Real estate, may be taken for debt. 10 may be sold. 11 trustees may purchase. 20 trustees may sell. 21 manner of sale of. 21 security for loans.9, 32 of school officers hollen. 39 Receipts, treasurer to take. 36 Records, to be kept by county superintendent 8 of trustees. 14 copy of certain, filed with county clerk... 16 of directors.22 to be submitted to treasurer. 22 of teachers, certificates. 27 form of. 27 transcript, sent to superintendent. 28 of treasurer. 31 of land sales. 51 Recovery of amount paid to secure statistics.. 10 8 ction for, of interest. 34 on bond of treasurer. 35 from trustees. 39 from school officers. 39 Relinquishment of special school acts. 43 Removal of county superintendent. 8 of treasurer.14, 20 of teachers. 26 of directors. 39 from district or township, effect of. 22 Repeal of former acts.52 Reports, of county superintendent. 9 penalty for failure to make. 9 ; of examination. 9 i of land sales. 51 j of trustees to county superintendent. 18 i time of, penalty for failure. 19 j separate when. 20 I of directors— j to township treasurer..*. 22 j to voters. 22 of receipts and expenditures. 22 | of illiteracy. 22 of uncollected taxes. 23 of treasurer, to trustees. 35 to directors. 35 of school officers, failure to make. 36 | of state superintendent— made to governor. 6 when made. 6 items of. 6 to be laid before general assembly. 6 of towns and cities. 41 of institutions of learning. 41 of fines and forfeitures. 48 Rules and regulations— state superintendent to make. 6 of schools, made by directors. 25 boards of education may make. 42 PAGE. Salary of state superintendent. 7 Sale of real estate. 10 in hands of trustees. 21 to be made at auction. 21 not to defeat lien. 39 of school houses. 20 manner of. 20 of school lands.4S vrhen to be made in fractional townships 49 Schedules, teachers to keep. 28 form of. 29 how made. 29 certificates of.;... 29 disposal of.18, 30 a condition of payment separate, when required.18, 30 duties of treasurer as to.. IS limited to six months. 30 time of return of... 30 payable monthly. 30 unpaid balances,' draw interest. 30 Scholars, limits of age of. 25 schedules to be xept. 28 from two or more districts. 28 age of to be noted. 29 “text” books. 26 apparatus and furniture. 49 interest of school officers in. 49 liability and penalty. 49 School directors. See “Directors.” School elections. See “Elections.” School funds— county.9, 36 to^vnship. See “Township”. 36 apportionment. See “apportionment.” withholding of. 7 division of. 19 forfeiture of public. 19 custodian of.20, 35 condition of payment. 28 provisions for loaning.9, 32 payment of orders. 36 state, what. 36 auditor’s warrants for. 37 liability of custodian.39 responsibility for loss of. 39 perversion of. 39 suits for recovery of, costs. 40 fines and ferfeitiires, paid to. 47 School grants, may be received. 20 School houses— title in board of trustees. 20 control in directors. 20 use of, for meetings, etc. 20 sale of. 20 repairing and improving. 23 erection of. 25 limit of tax for. 25 vote required for building. 26 School lands— 16th section constitutes.. 46 management of.47 trespass upon.. 47 penalty, for trespass. 47 penalty, how recovered. 48 penalty, disposal of. 48 sale of*.. 48 w'hen to be made in fractional tow'nship.. 48 petitions for sale of.. 48 plat of, valuation. 49 maximum size of lots. 49 division into lots, legalized. 49 term of selling. 49 purchaser of may borrow bid. 49 place of selling.. 49 advertisement of... 49 hours of sale.. 49 manner of selling. 50 continuance of sale. 50 not to be sold under valuation..8, 50 VI INDEX. PAGE . School lands— may be sold at private sale. 50 re-valuation of. 50 certificate of purchase of. 50 report of sales of.:. 51 patent to purchaser. 51 School libraries. 23 School year. 6 School month. 30 School officers, legal adviser of. 6 exempted. 38 liable for using funds. 38 may be imprisoned. 38 lien on real estate of. 39 responsibility for losses. 39 perversion of funds by. 39 interest of in books, etc. 40 in cities and towns.41, 42 School orders. See “Orders.” School sites. See “Sites.” School tax, two mill. 38 see “Taxes.” .School trustees. See “Trustees.” School visitation..10, 25 Schools, supervision of. 6 high. 18 support of. 23 term of. 23 management of. 25 rights of all children in. 26 branches of study in. 26 Sectarian purposes. 39 X)erversion of funds to. 39 Securities— on bond of superintendent. 8 names to be recorded. 8 on treasurer’s bond. 9 tru.stees to examine.20 for loans. 32 kind and amount of. 32 payable to board. 33 additional required. 34 suit may be brought for. 34 township, to be delivered to successor. 35 liability of trustees as to. 38 bound for claims against principals. 39 for payment for school lands. 51 of sui)erintendent not exempted. 51 Settlement, trustees may make. 21 Sites, scliool house, title. 20 sale of. 21 location of. 25 changed by directors, when. 26 Sixteenth section, school land. 47 sections in lie\i of. 47 Special acts, not repealed. 41 may be relinquished. 4t State, to pay interest. 37 State’s attorneys, duty of. 47 to collect fines and forfeitures. 47 to make report. 47 failure of, to pay. 47 State certificates. 28 State funds. 37 Statement— to trustees. 35 to directors. 35 of delinquent tax.24 of county superintendent to county board 51 to be preserved and copied.51 State superintendent. See “Superinten¬ dent public instruction.” State tax. 37 Statistics- directors to give.23 state superintendent to designate. 9 of cities and towns. 41 Sufficiency of securities of treasurer. 39 Suits, in name of county superintendent— against treasurer. 20 against collector. 25 directors may bring.25 PAGE. Suits, in name of county superintendent- in name of board of trustees. S4 treasurer may bring. 35 for recovery of interest.35 may be brought, how. 35 against county collector. 38 against school officers. 39 payment of costs in. 41 against trespassers. 47 against purchaser of school lands. 50 Superintendent of public instruction.5, 6, 7 time of election of. 5 term of office. 5 oath of office. 5 bond of, penalty and conditions. 5 office, where to be kept. 5 to preserve papers and documents. 5 pay over moneys. 6 counsel and advice. 6 have supervision. 6 make report to governor. 6 time of report. 6 items of report. 6 to make rules and regulations. 6 legal adviser of school officer. 7 may cause funds to be withheld. 7 salary of, to be fixed by law. 7 contingent expenses of office. 7 may remit forfeiture. 19 Sureties. See “Securities.” Surplus funds, how used. 23 Suspension of pupils. 26 directors not liable for. 26 Taxes, school, computed— maximum of. 2.3 on equalized valuation. 24 collection of. 24 collector to pay treasurer. 24 shall be uniform. 24 not to exceed amount certified. 24 county clerk to compute. 2:1 failure of collector to pay. 24 for building purposes.23, 25 in satisfaction of judgments. 26 Teachers.26, 28 appointment of.. 26 may be dismissed. 26 qualifications required for.26, 27 licensure of. 27 to be examined. 27 by whom examined. 27 conditions of pajTnent of. 28 must have certificate. 28 must keep schedule. 28 must account for property. 28 to keep schedules in form.28 institutes, appropriations for. 38 Teachers required to certify schedules. 29 to deliver schedule to directors. 30 cannot be paid without. 30 to keen separate schedules, when. 28 unpaid balances due. 30 not to teach on holidays. 30 Term of office— of state superintendent. 5 county superintendent. 7 trustees. 11 directora.21, 22 township treasurer. 14 boards of education. 42 school, limits of. 2.8 Terms of loaning funds. 85 of sale of school lands. 48 Tie vote, judges to decide. 22 by lot, on day of election. 22 Time of apportionment— by county superintendent.. 9 by trustees. 16 by auditor. 37 INDEX. VII % PAGE. Time of election, of state .superintendent. 5 of county superintendent. 7 of township trustees.11, 12 of .school directors.1.5, 21 for return of poll-book. 18 of trustee meeting. 14 of division of funds. lU of division of property. 16 limits of for appraisal. 16 of filing map. 17 return of tax certificate. 23 for payment by collector. 24 for payment of warrrant. 37 for examinations of teachers. 28 for return of schedules. 30 limit of in loaning money. 8! of report of state superintendent. 6 of county superintendent. 9 of township trustees. 18 of directors. 22 of treasurers to trustees. 35 of cities and towns. 41 of institutions of learning. 41 of fines and forfeitures.45 of county superintendents to county board. 51 Title in county superintendent. 11 to school houses and lots. 20 to real estate. 20 to school lands. 52 Town meeting, stated- election of trustees at. 12 officers, to make returns. 13 to make reports. 39 Towns and cities.40, 44, 45 sptecial acts of not repealed. 40 statistical report of. 41 failure to report. 41 boards of education. 41 Township apportionment to .school defined.... 9 business to be done by trustees. 11 fractional, may unite with adjacent.11, 48 new to be districted. 14 map of. 17 union of, to have high school. 18 logarded as a school district. 18 forfeiture by. 19 divided by county lines. 19 funds of...'.. 36 fractional, school section of. 49 lands in, how sold. 48 Transfer of pupils. 18 permits required.18 Treasurers township— t)ond of filed with county superintendent 8 to receipt to ceunty superintendent. 9 to receive state funds..T. 9 to call trustee elections. 12 appointed by board. 14 must be a r^jident. 14 not to be a director or trustee. 14 to be clerk of board. 14 to hold for one year. 14 apportionment of funds.. 17 to pwy on district orders. 17 duties of as to separate schedules. 18 books and accounts of to be examined. 20 avails of sale to be paid to. 20 only legal custodian. 20 trustees may remove. 20 trustees may sue. 21 to call election in new districts. 21 also when directors fail to do so. 22 to inspect district records. 22 to file poll books, etc. 23 to retuni tax certificate. 23 to file map. 28 to receipt to collector.24,2.5 to enter taxes in proper book. 25 to proceed against collector. 25 not l(*gal to pay teacher when. 28 PAGE. Treasurers township— to allow interest on schedules. 30 must execute bond. 31 form of bond of. 31 conditions of bond of. 31 to keep accounts and records. 81 to loan moneys, terms, etc. 32 suit for additional security. 84 to have debts due township probated. 34 to bring suit. 34 may sue for interest only. 34 custodian. 34 to keep townshij) fund loaned. .34 fiscal statement of to tru.stee.s. 35 to settle with directors, when. 35 liable for non-performance. 35 to turn over property..35 repre.sentatives of. 35 penalty for failure. 36- in case of death of. 36 to take and file receipt. 36 to file orders of directors. 36 compensation of. 38 liabilities of.38, 39^ real estate of, held. 39 re.sponsible for losses. 39 to hold funds of board of education. 48 Trees, cutting of on school lands. 47 Trespass on school. 47 penalty for. 47 Trespas.ser'liable to fine. 47 liable to commitment. 48 Trustees may re-sell real estate. 50 to have corporate powers. 11 designation of. 11 discretionary powers. 15 term of office. 11 eligibility of. 11 time and manner of election.11, 12 election of, how ordered...11, 15 election, time of. 11 election may be postponed. 12 election, county superintendent to order, when. 12 may create new districts. 16 election, judges of. 12 election, conduct of.12 election at town meeting, when. 12 election, qualification of voters at. 18 election in case of tie. 1‘J- election to fill vacancies. 18 election returns, when and how made. 18 penalty for failure. 18 successors to trustees of .school lauds. 13 meetings of. 25 board of, how organized. 14 to appoint treasurer. 14 to district townships, when.14 to prepare map. 16 to change district boundaries, when.14,15 to divide funds. 16 to appoint appraisers. 16 to deduct debts from valuation. 16 to distribute value of property within 30 days. 10 Tru.stee.s— liable for failure to distribute funds and property. 17 to apportion school funds, when and how 17 to establish high schools, when. 18 to provide for support thereof, how. 18 of two townships may co-operate. 18 to cause reports to be made. 18 to make separate reports, when. IS to examine books and effects. 20 to provide for their security, etc. 20 may receive gifts for school purposes. 20 vested with title of school property. 20 to sell and convey the same, when and how. 20 to cau.se moneys to be paid to treasurer. 20 to have power Uj remove treasurer. 20 VIII INDEX. PAGE. Trustees— may purchase real estate. 20 may sell real estate. 20 may sell real estate at auction. 21 may make settlements. 21 shall not be interested in contracts. 23 judgments and executions, against. 26 to allow interest on schedules. 30 - to approve bond of treasurer. 31 to file same with county superintendent... 31 when liable. 35 to fix treasurer’s pay. 38 liable for treasurer’s securities. 38 fine of, for false returns. 38 fine for neglect of duty. 38 liable for losses. 39 liable for perversion of funds. 39 liable for interest in books, etc. 40 to district. 14 have discretionary powers—page 15. may bring suit for trespass. 47 to plat school land. 49 to fix value of lots. 49 to deliver plat to county superintendent.. 47 may direct a place of sale. 49 may make a second valuation. 50 PAGE. Use of school houses. 20 personal of public funds. 36 Validity of state certificates. 28 Valuation of district property. 16 of school lands. 50 second may be made. 50 Value of improvements. 17 Vote of people required. 26 Voters, qualifications of. 13 may determine studies. 25 Vacancies, in office— of county superintendent. 8 of trustees.’. 13 in civil towns..,. 11 of directors. 21 of board of education. 47 Warrants, school— state auditor to issue. 37 county superintendent to receive.. 37 county collector to pay—when. 37 how returned.37 refused to pay—penalty. 38 / INDEX TO APPENDIX. PAGE. Appointment of teachers and officers. 8 Auxiliary institutions. 8 Applicants selected by lot. 8 Appropriation for university. 8 Appointment of treasurer. 9 of trustees. 9 Accounts, how settled. 11 Auditor to issue warrants. 13 Borrowing money. 15, 16 amendment, hot legal.. 15 Board of education. 6, 7 Buildings to be only of two stories. 11 Bonds to be given by women. 6 new, to be issued to meet maturing. 4, 5 Corporators. 7 Compensation of members. 7 Construction of buildings. 11 County normal schools. 13 cx)urt may establish. 13 Control of county normal schools. 14 County board of education. 14 to make report. 14 Colored children—rights of. 5 Charitable institutions. 6 report to state superintendent. 6 Declaration to he filed. 8 of objects. 8 Duties of treasurer. 10 Discretionary power of trustees.. 12 PAGE, Examination of applicants. 12 Election of instructors. 12 Erection of buildings. 11 Each county to send two pupils. 12 Expenses a charge on state treasury. 13 of trustees. 12 Election of county board of education. 14 Eligibility of women to school offices. 0 Exclusion of colored children prohibited. 5 Funds appropriated for buildings.. IS how and when paid. 13 Fined for excluding. 5 for threats or menace. 6 General powers. 7 Gratuituous instruction. 8 Instructors and instructressess. 12 Instruction, to be gratuituous. 12 Legalizing school districts. .3 Location of university. 11 Limits of location. 11 Legalization of normal schools. 14 Liable for menace or intimidation. 5 Members not to be interested In contracts. U Meetings to be quarterly. 11 Mode of construction. li Materials to be used. li INDEX. IX. PAGE. Mauner of choosing pupils.12 Menace or intimidation. 6 Number of pupils entitled to attend. 12 Not entitled to compensation. 7 No exclusion on account of color. 5 Objects of university.7, 10 Payment of school indebtedness. 4 Power to locate. 7 Powers of corporation. 10 Powers vested in trustees™. 10 Proposals for location. 11 Power of removal..... 12 Prescription of text book. 12 Powers of county board of education. 14 Penalty for exclusion. 15 Powers of school trustees. 4 'Qualifications of women as school officers. 6 Renting, and sale of School Lands ..3. 4 Report to be made. 4 Rights of colored children. 5 PAGE, State Normal University. 6 State superintendent to be secretary. 7 Southern Illinois Normal University. 9 Superintendent of buildings. 11 School officers—women may be. 6 Time of meeting. 7 Text-book and apparatus. 8 Trustees to sell right of way, etc. 4 Trustees, may leiise or rent. 4 shall not be for longer term than 2 years.. 4 shall uot apply to cities having population over 100,000. 4 Terms of office. 9 to be fixed by lot. 9 Treasurer to give bonds. 10 Taxes for county normal schools. 14 Two counties raay unite. 14 Threats, menace or intimidation. 6 Vacancies—how filled. 9 Vote on county normal school. 14 Warrants to be issued by auditor. 13 Women as school officers. 6 to give bond. 6 1 , A V ^ \ \.v 'r. 3 0112 098217927 7 r'AsA .1 / t ^ ■'■ J t- Vi “ ' k’-VI . .V ^ - -I • • “ ' '1 • ■' ■■ ■ > '■ , . ' A'il