THE ILLINOIS SCHOOL LAW. 
 
 AN ACT 
 
 TO ESTABLISH AND MAINTAIN A SYSTEM OP 
 
 FREE SCHOOLS, 
 
 APPROVED APRIL 1, 1872. 
 
 INCLUDING THE LATEST AMENDMENTS. 
 
 1872-1874 
 
 SPRINGFIELD : 
 
 ILLINOIS JOURNAL PRINTING OFFICE. 
 1874. 
 

 Digitized by the Internet Archive 
 in 2017 with funding from 
 
 University of Illinois Urbana-Champaign Alternates 
 
 https://archive.org/details/illinoisschoolla00illi_1 
 
hi <\ 
 
 TABLE OF CONTENTS. 
 
 i 
 
 PAGE 
 
 STATE SUPERINTENDENT OE PUBLIC INSTRUCTION 1 
 
 Election and duties 1 
 
 Report to Governor 2 
 
 To make rules and regulations 2 
 
 Legal adviser of school officers 3 
 
 Compensation 3 
 
 COUNTY SUPERINTENDENTS OE SCHOOLS 3 
 
 Their election 3 
 
 Liability to removal 4 
 
 Distribution of funds 5 
 
 Report to State Superintendent 5 
 
 Educational duties 6 
 
 TRUSTEES OF SCHOOLS 7 
 
 Manner of election 7 
 
 Semi-annual meetings 10 
 
 Change of district boundaries 10 
 
 Division of funds and property 11 
 
 Distribution of funds 12 
 
 Establishment of high schools 13 
 
 Report to county superintendent 13 
 
 Custody and use of school houses 15 
 
 SCHOOL DIRECTORS 16 
 
 When and how elected 16 
 
 Authorized to levy taxes 18 
 
 Certificate of amount required 18 
 
 Computation, assessment and levy of taxes 18 
 
 Borrowing money for building purposes 20 
 
 General powers and duties 20 
 
 JUDGMENTS AND EXECUTIONS AGANST TRUSTEES AND DIRECTORS 21 
 
 Enforcement by attachment or mandamus . 21 
 
 PUBLIC SCHOOL TEACHERS , ....21 
 
 Examination and qualification 21 
 
 State certificates 22 
 
 Duties of teachers 23 
 
 Form of certificate 22 
 
 Schedules payable monthly 25 
 
 Interest on unpaid schedules 25 
 
 TOWNSHIP TREASURER 25 
 
 Form and security of bond 26 
 
 Manner of loaning funds 27 
 
 Form of mortgage 28 
 
 Additional security to be given 38 
 
 Default in payment of interest or principal 39 
 
 Semi-annual statement to trustees 39 
 
 Settlements with boards of directors 39 
 
 TOWNSHIP AND COUNTY SCHOOL FUNDS 30 
 
 Principal to remain intact 30 
 
 Interest to be distributed 30 
 
 Form of order on treasurer 31 
 
 COMMON SCHOOL FUNDS 31 
 
 What shall constitute 31 
 
 Distribution by Auditor 31 
 
 780510 
 
IV 
 
 CONTENTS, 
 
 PAGE. 
 
 COMPENSATION OF SCHOOL OFFICERS 32 
 
 Collectors of two-mill tax. 32 
 
 County superintendents of schools 32 
 
 Township treasurers 32 
 
 Clerks of boards of directors 17 
 
 LIABILITIES OF SCHOOL OFFICERS 33 
 
 Conversion of funds to private use 33 
 
 Insufficiency of securities 33 
 
 Payment of legal claims and demands 33 
 
 Omission of duty 33 
 
 Losses of school funds 34 
 
 Use of funds oiMproperty for sectarian purposes 34 
 
 Dealing in books and apparatus 34 
 
 CITIES AND ?^BrPOKATED TOWNS...! 35 
 
 Special acts not affected 35 
 
 Reports to be made 35 
 
 Boards of Education 36 
 
 Powers of Boards of Education 36 
 
 Organization under general school law 38 
 
 Cities of over one hundred thousand inhabitants 38 
 
 Board to consist or fifteen members 40 
 
 COMMON SCHOOL ,LANDS 41 
 
 The school section 41 
 
 Trespass on school lands . 41 
 
 Sale of school lands 42 
 
 Fractional townships 43 
 
 ACTS REPEALED 46 
 
 APPENDIX. 
 
 PAGE. 
 
 State Normal University 47 
 
 Southern HI. Normal University 50 
 
 County Normal Schools 54 
 
 Woman as School Officers 56 
 
 Rights of Colored Children 56 
 
TO ESTABLISH AND MAINTAIN A SYSTEM OE 
 
 FREE SCHOOLS. 
 
 ♦ 
 
 Section 1 . Be it enacted by the People of the State of 
 Illinois , represented in the General Assembly : 
 
 STATE SUPERINTENDENT OF PUBLIC INSTRUCTION — HIS 
 ELECTION AND DUTIES. 
 
 That at the election to be held, on Tuesday after the first Time of election 
 Monday of November, in the year of our Lord one thousand 
 eight hundred and seventy-four, and quadrennially there-* 
 after, 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 J anuary ne^t after his election, and until his successor 
 is duly elected and qualified. 
 
 § 2. Before entering upon his duties he shall take and oath and bond, 
 subscribe 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 state, 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 ne^of Te^fn 
 government of the state, and to file all papers, reports and office^ eel>1DS 
 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 matters 
 pertaining to the business of his office. 
 
 —1 
 
2 
 
 Adviser 
 county superi 
 tendents, 
 
 ft 
 
 § 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- 
 n schools. 
 
 6. Said superintendent shall have the supervision of 
 he common and public schools in the state, and shall 
 e 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 supei in tendents, giving advice as to the 
 best manner of conducting schools, constructing school 
 hdftses, furnishing the same, examining and procuring com- 
 petent teachers. 
 
 ©mor. orttos ° v ’ § 7. Said state superintendent shall, on or before the 
 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 ex- 
 clusively ; what part of* said whole number have been 
 • taught by males and females at the same time, and what 
 part by males and females at different periods ; the number 
 of scholars in attendance at said schools ; the number of 
 persons in each county under twenty-one years of age, and 
 the number of such persons between 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 in- 
 terest of the township and of the county fund annually 
 paid out; the amount raised by an ad valorem tax; the 
 whole amount annually expended for schools ; the number 
 of school houses, their kind and condition ; the number of 
 townships and parts of townships in each county ; the num- 
 ber and description of books and apparatus purchased for 
 the use of schools and school libraries under the provisions 
 of this act, the price paid for the same, and total amount 
 purchased, and what quantity and how distributed ; and 
 the number and condition of the libraries, together with 
 such other information and suggestions as he may deem 
 important in relation to the school laws, schools, and the 
 means of promoting education throughout the state ; which 
 report shall be laid before the general assembly at each 
 regular session. 
 
 § 8. The said state superintendent of public instruction 
 shall make such rules and regulations as may be necessary 
 and expedient to carry into efficient and uniform effect the 
 provisions of this act, and of all the laws which now are or 
 may hereafter be in force for establishing and maintaining 
 
3 
 
 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 any 
 township, or other school officer, to withhold from any offi- 
 cer, township, district or teacher, any part of the coming 
 school, or township, or other school fund, until such offic® 
 township treasurer or teacher shall have made all schedule^ 
 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 which 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 
 November, 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 which are or may be in force ; by r which bond 
 the obligors shall be bound jointly and severally, and upon 
 which an action or actions may be maintained by the board 
 of trustees of the proper township, for the benefit of any 
 township or fund injured by any breach thereof ; and joint 
 action may be had for two or more funds. 
 
 § 12. The bond required in the foregoing section shall 
 be in the following form, viz : 
 
 State of Illinois, 1 
 
 County. S 88 ' 
 
 Know all men by these presents, that we, A B, C D and E F, are held and firmly 
 hound, jointly and severally, unto the People of the State of IlMnois, in the penal 
 sum of dollars, to the payment of which wo bind ourselves, our heirs, ex- 
 
 ecutors and administrators, firmly by these presents. 
 
 In witness whereof we ha ve hereunto set our bauds and seals, this day of 
 
 .A.D.18.. 
 
 To be legal ad- 
 viser of school 
 officers. 
 
 May cause 
 funds to be 
 withheld. 
 
 Salary and of- 
 fice expenses. 
 
 Election. 
 
 Oath and bond. 
 
 Form of bond* 
 
4 
 
 The cbndition of the above obligation is such that if the above bounden A B, 
 county superintendent of the county aforesaid, shall faithfully discharge all the du- 
 ties of said office, according to the laws which now are or may hereafter be in force, 
 und shall deliver over to his successor in office all moneys, books, papers and prop- 
 erty in his hands, as such county superintendent, then this obligation to be void ; 
 otherwise to remain in full force and virtue. 
 
 A B, [SEAL.] 
 
 C D, [seal.] 
 
 E E [seal.] 
 
 And which bond shall be filed in the office of the county 
 clerk. 
 
 Vacancies. 
 
 intend en pliable 13. The said superintendent shall be liable to removal 
 
 to removal. b$ the county board for any palpable violation of law or 
 omission of duty ; and if a majority of said board shall at 
 Supervisors any time be satisfiedthat his bond is insufficient, it shall be 
 may require a ^ 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 super- 
 intendent shall become vacant by death, resignation or 
 otherwise, the county board shall fill the same by appoint- 
 ment, and the person so appointed shall hold his office until 
 the next election of county officers, at which election the 
 county board shall order the election of a successor. 
 
 Books required § 14. The said superintendent shall provide three well 
 to be kept. bound books, to be known and designated by the letters A, 
 B, 0, 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 
 valuation made by or under the direction of the trustees of 
 schools, and the affidavits in relation to the same. In book 
 B, he shall keep an account of all sales of common school 
 lands ; which account shall contain the date of sale, name 
 of purchaser, description of land sold, and the sum sold 
 for. In book 0, he shall keep a regular account of all 
 moneys received for lands sold, or otherwise, and loaned or 
 paid out $ the person of whom received, and on what ac- 
 count, and showing whether it is principal or interest ; the 
 person to whom loaned, the time for which the loan was 
 made, the rate of interest, the names of the securities, 
 when personal security is taken, or, if real estate is taken 
 as security, a description of said real estate, and if paid 
 out, to whom, when, and on what account, and the amount 
 paid out $ the list of sales and the accounts of each town- 
 ship fund to be kept separate. Said books shall be paid 
 for out of the county treasury of the counties in which they 
 are used. 
 
 bond ^of 3 npon § 15* Whenever the bond of any township treasurer, 
 ship 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 duly received 
 and filed, the superintendent shall, ou demand, deliver to 
 said township treasurer all moneys, bonds, mortgages, notes 
 
5 
 
 and securities, and all papers of every description belong- 
 ing to said township ; and the said township treasurer shall 
 receipt for the same, which receipt shall be carefully filed 
 and preserved by the county superintendent, and shall be 
 evidence of the fact therein stated. 
 
 § 16. Upon the receipt of the amount due upon the audi- t ^ppo^™ ent 
 tor’s warrant, the county superintendent shall apportion 0 owns ips * 
 said amount to the several townsnips and parts of town- 
 ships in his county, in which townships or parts of town- 
 ships schools have been kept in accordance with the prb- 
 visions of this act and with the instructions of the state 
 and county superintendent, according to the number of 
 children, under twenty-one years of age, returned to him, 
 and shall pay over the distributive share belonging to each ' 
 township and fractional township, to the respective town- 
 ship treasurers, or other authorized person, annually : Pro- 
 vided, that no part of the state, county, or other school fund 
 shall be paid to any township treasurer, or other person Funds not to 
 \ authorized by said treasurer, unless said township treasurer be paid tm bond 
 has filed his bond, as required by the fifty-fifth section 0 f lsfiled ‘ 
 this act, nor in case said treasurer is reappointed by the 
 trustees, unless he shall have renewed 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, su P ermtendent * 
 if so required by the state superintendent, the county su- 
 perintendent shall communicate to said state superinten- 
 dent all such information and statistics upon the subject of 
 schools in his county as the said state superintendent is 
 l bound to embody in his report to the governor, and such 
 
 other information as the state superintendent shall require; Liable re 
 and any county superintendent so failing or refusing to re- movai. 6 0 r ' 
 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 representatives,) shall deliver over 
 to his successor in office, on demand, all moneys, books, 
 papers and personal property belonging to tae office, or 
 subject to the control or disposition of the county superin- 
 tendent. 
 
 v § 19. The county superintendent may loan any money, To loan county 
 
 not interest, belonging to the county fund, before the same fund ‘ 
 is called for, according to law, by the township treasurer, 
 at the same rate of interest, upon the same security and for 
 the same length of time as is provided by this act in rela- 
 tion to the township treasurers, and apportion the interest 
 as provided in section sixteen of this act; and notes and t ^®J® stappor ' 
 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 ^tesaMmort- 
 township, and suits may be brought in the name of “county v . r . 
 superintendents,” on all notes and mortgages heretofore or 
 hereafter made payable to the county superinten dents. 
 
6 
 
 g ™° n of § 20. It shall be the duty of the county superintendent, 
 c oo s. 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 
 Official adviser. 0 f 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 
 assistant of the school officers and teachers of his county, 
 and shall faithfully carry out the advice and instructions of 
 the State superintendent. He shall encourage the forma- 
 tion and assist in the management of county teachers 7 in- 
 stitutes, and labor in every practicable way to elevate the 
 standarcl of teaching, and improve the condition of the com- 
 controversies mon schools of his county. In all controversies arising 
 —appeal. under the school law, the opinion and advice of the county 
 superintendent shall first be sought, whence appeal may be 
 taken to the state superintendent, upon a written statement 
 of facts, certified by the county superintendent. 
 
 Failure of trus- § 21. In all cases where the township board of trustees 
 tees to furnish of any township shall fail to prepare and forward, or cause 
 statistics. f 0 p e prepared and forwarded, to the county superintendent, 
 the information and statistics required of them in this act, 
 county super- it shall be the duty of said county superintendent to employ 
 i m e »ffi en a com* a competent person to take the enumeration and furnish 
 pSten°t y person m said statistical statement as far as practicable, 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 pay to the person so 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 
 suit ao-amst cour ^ h av i n g jurisdiction, in the name of the People of the 
 the trustees as State of Illinois, of and against the trustees of schools of 
 individuals. sa jq township, in their individual capacity ; and in such suit 
 or suits the said county superintendent and township trea- 
 surer 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 
 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 real 
 
7 
 
 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 sh f ch ° o1 town - 
 a township for school purposes, but when any fractional b ip ’ 
 township contains less than forty persons under twenty-one 
 years of age, the trustees thereof, upon petition of a ma- 
 jority of the inhabitants of such fractional township, may, by 
 written agreement entered into with the board of trustees of 
 any adjacent township, consolidate the territory, school Fractional 
 funds and other property of such fractional township with Consolidated 
 such adjacent township, and thereafter shall cease to exer- 
 cise 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 
 manner as is or maybe provided bylaw 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, bod y r° litic - 
 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- 
 ceedings are had. Said trustees shall continue in office Term of 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 annually. 
 
 § 24. No person shall be eligible to the office of trustee Age and resi- 
 of schools, uidess twenty-one years of age, and a resident dence ‘ 
 of the township. 
 
 § 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 
 may be holden on any Saturday, notice being given as 
 hereinafter in this section required. The first election shall 
 be ordered, if in townships already incorporated, by the 
 trustees of schools of the township, the township treasurer 
 giving notice of the time and place by posting notices of the 
 same at least ten days previous to the day of election, in not 
 less than five of the most public places in the township. If 
 there are no trustees of schools in a township, the county 
 clerk shall cause the notice to be given as aforesaid, and 
 
8 
 
 in such case the trustees elected at their first meeting shall 
 draw lots for their respective terms of office for one, two 
 and three years, and thereafter one trustee shall be elected, 
 annually, to fill the vacancy occurring. For all subsequent 
 elections, the like notices shall be given by the trustees of 
 judges may schools through the township treasurer : Provided, that if, 
 tion. upon any day appointed as aforesaid, tor 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 , provided , also , that 
 if notice shall not have been given as above required, then, 
 Election on an an( l * n ^at case, said election may be ordered as aforesaid, 
 Saturday. y and holden on the first Saturday in May, or any other 
 Saturday $ notice thereof being given as aforesaid: And, 
 provided , also , that if the township treasurer shall fail or 
 refuse to give notice of the regular election of trustees, as 
 aforesaid, and if, in case of a vacancy, the remaning 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, 
 County super- and in each case, it shall be the duty of the county superin- 
 der election. ° r tendent to order an election of trustees to fill such vacan- 
 cies, as aforesaid ; and all elections so ordered and held shall 
 be valid to all intents and purposes whatever. 
 tk>n dges ° f elec * § 26* The trustees of schools of incorporared 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 ad- 
 ditional judges as may be necessary $ and in townships 
 unincorporated, the qualified voters present shall choose 
 from amongst themselves the number of judges required to 
 open and conduct said election. 
 
 Conduct of § 2 i . 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 provisions 
 Polls may be of this act: Provided , that said election may commence, if 
 o’clock p! M? ur so specified in the notice, at any hour between the hours of 
 eight A. M. and one P. M., and the judges may close such 
 Election 0 f election at four P. M.: And, provided, further, that in 
 towTmeetin 1116 coun ti es adopting township organization, in each and every 
 own meeting. ^ owns j 1 jp w ]2 0se boundaries coincide and are identical with 
 
 those of the town, as established under the township organi- 
 zation laws, the trustee or trustees shall be elected at the 
 same time aud 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 
 
9 
 
 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 twenty-fifth section of this act. 
 
 § 28. No person shall vote at said election, nor at any of Q^fl g cations 
 other election held in pursuance of the provisions of this 0 v0 ers ‘ 
 act, unless he possesses the qualifications of a voter at a 
 general election. In case ot 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 any 
 Saturday, notice to be given as required in section twenty- 
 five hereof. 
 
 § 30. Upon the election of trustees of schools, the p 0 n.book. 
 judges of the election shall, within ten days thereafter, cause 
 N a copy of the poll-book of said election to be delivered to 
 the county superintendent of the county, with a certificate 
 thereon, showing the election of said 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,. 1Wer P oll ' book - 
 the judges shall be liable to a penalty of not less than 
 twenty -five nor more than one hundred dollars, to be re- 
 covered, in the name of the People of the State of Illinois, 
 by action of assumpsit before any justice of the peace of the 
 j county ; which penalty, when collected, shall be added to 
 
 the township fund of the township. When trustees are 
 elected at town meetings, as provided in section twenty- tomaEe iS™ 
 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 omis- 
 sion, prescribed in this section. 
 
 § 31. The said trustees of schools, elected as aforesaid, tr ^ t ° p c e ^ 80rs JjJ 
 shall be successors to the trustees of school lands appointed school lauds. ° 
 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- 
 . moil 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 qf action, existing or vested 
 in the trustees of school lands, or trustees of schools, ap- 
 pointed or elected as aforesaid, for the use of the inhabi- 
 tants 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 trus- 
 tees of school lands), or the trustees of schools appointed 
 and elected as aforesaid. 
 
 —2 
 
10 
 
 trustee*? 1188 ° f § 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, two members of the board 
 Appointment shall be a quorum for business. The board shall organize 
 of treasurer, py 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, who 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 
 Records of pro- to preside at the meetings of the board; and it shall be the 
 ceedings. 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 tem- 
 pore , may be appointed. 
 
 Trustees to lay § 33. Trustees of schools in newly organized townships 
 off districts. g p a p } a y 0 ff the township into one or more districts, to suit 
 the wishes and convenience of a majority of the inhabitants 
 of the township, and shall prepare, or cause to be pr epared, 
 a map of the township, on which map shall be designated 
 the district, or districts, to be styled, when there are more 
 
 Change of dis- than one, “District hTo , in Township ~No , w which 
 
 trict boundaries districts they shall change at any regular meeting, upon the 
 following conditions, and not otherwise : 
 
 First — Upon petition of a majority of the voters of each 
 of the districts affected by the proposed change, they shall 
 change the boundaries of any district lying wholly within 
 the township. 
 
 Second — Upon a like petition school districts shall be 
 formed out of parts of two or more townships 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 all the voters in any territory, 
 containing not less than five families, representing that they 
 are not properly accommodated with school privileges, but 
 will be by being added to another district, or formed into 
 a new district; and upon petition of a majority bf the voters 
 of such other district, if any, it shall be the duty of the 
 trustees of the township or townships in which such terri- 
 tory, or territory and district, are situated, to set-offi such 
 change not to territory : Provided , that such change shall not be made 
 district has he a w ^ en the district from which the petitioners desire to be 
 bonded debt, severed has a bonded debt, nor when the new district line 
 will be brought nearer than one mile to any school house, 
 unio^districts f Fourth — Upon petition of a majority of the voters of a 
 
11 
 
 district composed of parts of two or more townships, it shall 
 he the duty of each of the boards of trustees of the several 
 township to provide for so much of the territory of said 
 district as lies within their respective townships, by annex- 
 ing said territory to a district, or to districts already formed, 
 or by the creation of a new district or districts, which shall 
 include said territory. 
 
 Fifth — Upon petition of a majority of the voters of any 
 district organized under a special act, and of the voters of 
 other districts affected by the proposed change, trustees of 
 the township or townships in which such district is situated 
 shall change the boundaries of such district. 
 
 And whenever any changes, as provided in this section, MapofWn- 
 are made, trustees of schools shall prepare, or cause to be cha P ges Showms 
 prepared, a map of their township, showing the districts 
 accurately; 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. When a new district is formed fu ^g Vision of 
 from a part of a district, the trustees of a township or 
 townships concerned, shall proceed forthwith to make a dis- 
 tribution 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 as that both the old 
 and new districts shall receive parts of such funds in pro- 
 portion to the amount of taxes collected, next preceding 
 such division, from the property in the territory composing 
 the several districts. If the new district be composed of 
 parts of two or more districts, the trustees shall make dis- 
 tribution of said funds between the new district and the 
 old districts respectively, so that the new district shall re- 
 ceive a distribution of the funds of each of the old districts 
 in the proportion which the amount of taxes collected from 
 , the property in the territory of the new district, next before 
 the division, bears to the whole tax 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 col- 
 lected. The trustees of the township or townships con- Appraisal of 
 cerned shall, at the time of the creation of a new district, lstnctprop rty 
 or within the period of thirty days thereafter, proceed to 
 the appointment of three appraisers, who shall not be citi- 
 zens of the township or townships interested. It shall be 
 the duty of said appraisers, 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 appraise- 
 ment, the trustees of the township or townships concerned 
 shall proceed to charge th© property to the district in which 
 it may be found, and to credit the other district interested 
 therein with its proportion of such valuation : Provided , 
 
12 
 
 deducted to be the bona fide debts, if any, of the old district, shall first 
 
 be deducted and the balance charged and credited as afore- 
 said, and of the funds then on hand, or subsequently to ac- 
 crue, 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 pro- 
 Trustees liable, portion of the value of said property. If trustees shall fail 
 to observe the provisions of this section in reference to dis- 
 tribution 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 by 
 law, any district interested in the making of such distribu- 
 tion 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 in this 
 section prescribed, and shall be liable m like manner for 
 Map to be filed neglect or failure. Within ten days after any changes are 
 in ten days. made in district boundaries, whether by division, consolida- 
 tion or otherwise, the township 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 town- 
 ship, and a list of the taxpayers resident in each of the 
 newly arranged districts, in the office of the county clerk. 
 Compliance with these requirements, within the said period 
 of ten days, is hereby made essential to the validity of any 
 alterations of district boundaries. If said copy of record, 
 plat of township and list of taxpayers shall be filed, as 
 aforesaid, in the office of the county clerk, within ten days 
 after the October meeting of the trustees, the county clerk 
 County clerk shall thereupon correct the lists required to be filed on or 
 u°st. c ° rrect tax before the first Monday in September, under section forty- 
 four of this act. 
 
 Apport’nment § 34. At the regular semi-annual meetings, on the first 
 > districts. 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 : 
 
 Basis of. First — Whatever may be due for the compensation and 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 fractions of districts, in which schools have been 
 • kept in accordance with the provisions of this act, and the 
 instructions of the state and county superintendent, in pro- 
 portion to the number of children under twenty-one years 
 of age in each. 
 
 Treasurer to The funds thus apportioned shall be placed on the books 
 Funds! 1 * di8trict of the treasurer to the credit of the respective districts, and 
 the same shall be paid out by the treasurer on the legal 
 orders of the directors of the proper districts. 
 
 § 35.* Pupils shall not be transferred from one district 
 
 to 
 
 *As amended by the act approved March 24, 1874. 
 
13 
 
 to another without the written consent of a majority of the ^Transfer ° f pu- 
 directors of both districts $ which written permits shall be pi s ' 
 delivered to and filed by the proper township treasurer, and 
 shall be evidence of such consent. A separate schedule Separate scte- 
 shall be kept for each district, and in each schedule shall be dules * 
 certified the proper amount due the teacher from that dis- 
 trict, computed upon the basis of the total number of days’ 
 attendance of all the schedules. If the district from which 
 the pupils are transferred is in the same township as the 
 district in which the school is taught, the directors of said 
 district shall deliver the separate schedule to their township 
 treasurer, who shall credit the district in which the school 
 was taught, and charge the other districts with the respec- 
 tive amounts certified in said separate schedules to be due. 
 
 If pupils are transferred from a district of another township, 
 the schedule for that district shall be delivered to the direc- 
 tors thereof, who shall immediately draw an order on their 
 treasurer, in favor of the treasurer of the townsjuip in which 
 the school was taught, for the amount certified* to be due in 
 said separate schedule. When a school is composed of pu- Teacher to be 
 piis from dilferent townships, the teacher shall, in all cases, one 
 
 be paid by the treasurer of the township in which the school reas r ' 
 is taught, and the duty of collecting the amount due from 
 the other townships shall devolve upon the directors. Upon 
 petition of fifty voters of any school township, filed with 
 the township treasurer at least fifteen days preceding a reg- 
 ular election of trustees, it shall be the duty of said treas- Township Mgb 
 urer to notify the voters of the township that an election scllooL 
 “For” and “Against” a high school will be held at the next 
 ensuing election of trustees, and the ballots to such effect 
 shall be received and canvassed at such election ; audit* a 
 majority of the votes at such election shall be found to be 
 in favor of a high school, it shall be the duty of the trustees . How eetab _ 
 of the township to establish, at some central point most lished. 
 convenient for a majority of the pupils of the township, a 
 high school, for the education of the more advanced pupils. 
 
 For the purpose of building a school house, supporting the 
 
 school, and other necessary expenses, the township shall 
 
 be regarded as a school district, and the trustees shall have 
 
 the power and discharge the duties of directors for such h av™?owers of 
 
 district in all respects : Provided , that in like manner the directors. 
 
 voters and trustees of two or more adjoining townships, or 
 
 parts of townships, may co-operate in the establishment 
 
 and maintenance of a high school, on such terms as they 
 
 may, by written agreement made by the boards of trustees, 
 
 enter into. 
 
 g 30. The board of trustees of each township in this ReporUocourr 
 state shall prepare, or cause to be prepared, by the town- ent? uperm en 
 ship treasurer, the clerk of the board, the directors of the 
 several districts, or other person, and forwarded to the 
 county superintendent of the county in which the township 
 lies, on or before the second Monday of October preceding 
 each regular session of the general assembly of this state, 
 and at such other times as may be required by the county 
 superintendent, or by the state superintendent of public in- 
 
14 
 
 struction, a statement exhibiting the condition of schools in 
 their respective townships for the preceding biennial period, 
 giving separately each year, commencing on the first of Oc- 
 tober, and ending on the last of September ; which state- 
 ment shall be as follows: 
 
 items. First — The whole number of schools which have been 
 
 taught in each year ; what part of said number have beeu 
 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 — The whole number of scholars in attendance at 
 all the schools, giving the number of males and females 
 separately. 
 
 Third — The number of male and female teachers, giving 
 each separately ; the highest, lowest and average monthly 
 compensation paid to male and female teachers, giving 
 each item separately. 
 
 illiteracy. Fourth — The number of persons under twenty-oue years 
 
 of age, making a separate enumeration of those above the 
 age of twelve years who are unable to read and write, and 
 the cause or causes of the neglect to educate them. 
 
 Fifth — The amount of the principal of the township 
 fund ; the amount of the interest on the township fund paid 
 into the township treasury; the amount raised by ad valorem 
 tax and the amount of such tax received into the township 
 treasury, and the amount of all other funds received into 
 the township treasury. 
 
 Sixth — Amount paid for teachers’ wages; the amount paid 
 for school house lots ; the amount paid for building, repair- 
 ing, purchasing, renting and furnishing school houses ; the 
 amount paid for school apparatus, for books and other in- 
 cidental 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 statistics 
 and information in regard to schools as the state superin- 
 tendent or county superintendent may require. 
 
 Forfeiture for And any township from which such report is not received 
 failure to report j n the manner and time required by law, shall forfeit its 
 portion of the public funds for the next ensuing year: Pro- 
 vided , that upon the recommendation of the county superin- 
 tendent, or for good and sufficient reasons, the state super- 
 intendent may remit such forfeiture. 
 
 Separate enu- § 37. In all cases w here a township is or shall be divided 
 merafion. 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 
 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 i 
 information enumerated and required to be reported in the 
 
15 
 
 aforesaid section, shall be separately reported to the several di ®^ 1 s ^ ics not 
 county superintendents ; and all such parts of said statisti- 
 cal information as are not susceptible of division, and are 
 impracticable to be reported separately, shall be reported 
 to the county superintendent of the county in which the six- 
 teenth section of such township is situated. 
 
 § 38. At each semi-annual meeting, and at such other Examination 
 meetings as they may think proper, the said township board by trustees - 
 shall examine all books, notes, mortgages, securities, pajjers, 
 moneys and effects of the corporation, and the accounts and 
 vouchers of the township treasurer, or other township school 
 officer, and shall make such order thereon for their security, 
 preservation, collection, correction of errors, if any, and for 
 their proper management, as may sehm to said board neces- 
 sary. 
 
 § 39. The board of trustees of each township in the 
 state may receive any gift, grant, donation or devise made 
 for the use of any school or schools, or library, or other 
 school purposes within their jurisdiction ; and they shall be Title of school 
 and are hereby invested, in their corporate capacity, with the houses - 
 title, care and custody of all school houses and school house 
 sites ; but the supervision and control of them is expressly Directors to 
 vested iu the directors of each district in which said property school 0 hm™es— 
 is situated, who may grant the temporary use of school may grant use 
 houses, when not occupied by schools, for religious meetings ot formeetin g' s 
 and Sunday schools, for evening schools and for literary so- 
 cieties, and for such other meetings as the directors may 
 deem proper; and when, in the opinion of the school direc- 
 tors, the school house site or the buildings have become un- saieof school 
 necessary, or unsuitable, or inconvenient for a school, said bouse8, 
 board of trustees, on petition of a majority of the voters of 
 the district, shall sell and convey the same in the name of 
 the said board, after giving at least twenty days’ notice of 
 such sale, by posting up written or printed notices thereof, 
 particularly describing said property and 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 
 township treasurer for the benefit of said district ; and all 
 conveyances of real estate which may be made to said board, 
 shall be made to said board in their corporate name, and to 
 their successors in office. 
 
 § 40. The township board shall cause all moneys for the 
 use of the townships and districts to be paid over to. the anrc^oniy Yaw- 
 township treasurer, who is hereby constituted and declared ful custodian, 
 to be the only lawful depositary and custodian of all town- 
 ship and district school funds. They shall have power also ,, 
 to remove the township treasurer at any time, tor any fail- township trea- 
 ure or refusal to execute or comply with any order or requi- f * urer ' 
 sition of said board, legally made, or for any other im- 
 proper conduct in the discharge of his duty as treasurer. 
 
 They shall also have power, for any failure or refusal, as Ma 
 aforesaid, to sue him upon his bond. 
 
 § 41. The township ^trustees are hereby vested with May purchase 
 general power and authority to purchase real estate, if, in satLiactmiT Sf 
 their opinion, the interests of the township fund will be pro- judgments, 
 moted thereby, in satisfaction of any judgment or decree 
 
16 
 
 wherein the said hoard or county superintendent are plain- 
 tiffs or complainants ; and the title of such real estate so 
 purchased shall vest in said board, for the use of the inhabi- 
 Settiements. tants of said township, for school purposes. The said board 
 are hereby vested with general power and authority to 
 make all settlements with persons indebted to them in their 
 official capacity ; or receive deeds of real estate in compro- 
 mise ; and to cancel, in such manner as they may think 
 proper, notes, bonds, mortgages, judgments and decrees, 
 existing, or that may hereafter exist, for the benefit of the 
 township, when the interest of said township, or the fund 
 concerned, shall, in their opinion, require it 5 and their ac- 
 aoction 3611 at tion shall ’be valid. Said board of trustees are hereby au- 
 thorized to lease or sell, at public auction, any land that 
 may come into their possession, in such manner and on such 
 terms as they shall deem for the interest of the township : 
 Provided , that in all cases of sale 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 public auction. 
 
 SCHOOL DIRECTORS — THEIR ELECTION AND DUTIES. 
 
 Term of office. § 42. The annual election of school directors shall be on 
 the first Saturday of April, when one director shall be 
 elected in each district, who shall hold his office for -three 
 years, and until his successor is elected. 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, when 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, 
 Notices of order an election to fill such vacancies. Notices of alleiec- 
 eiections. 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 
 Township trea- treasurer to order such election $ and if he fails to do so, 
 ty Superintend- then it shall be the duty of the county superintendent to 
 e'nt may order, order such election of directors, within ten days, in each case 
 of such failure or refusal ; and the election held in pur- 
 suance of such order shall be valid the same as if ordered by 
 judges. 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: Provided , 
 
17 
 
 that if, upon the day appointed for said election, the said Postponement, 
 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 Saturday, 
 at the same jfiace and hour, when the voters shall proceed 
 as if it were not an adjourned meeting: And , provided , Election on any 
 also , that if notice shall not have been given as above re- Saturday, 
 quired, then said election may be ordered as aforesaid, and 
 holden on the third Saturday in April, or any other Satur- 
 day ; notice thereof being given as aforesaid. In case of a Tie. 
 tie, the judges shall decide it by lot on the day of election. 
 
 The directors shall appoint one of their number president Records, 
 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, which record shall be submitted 
 to the township treasurer, for his inspection and approval, 
 on the first Mondays of April and October, and at such other 
 times as the township treasurer may require. The clerk ofneports. 
 each board of school directors shall report to the township 
 treasurer of the proper township, on or before the first Mon- 
 day of October, annually, such statistics and other informa- 
 tion in relation to the schools of their respective districts as 
 the township treasurer is required to embody in his report to 
 the county superintendent, and the particular statistics to be 
 so reported shall be determined and designated by the state 
 superintendent of public instruction. At the annual elec- 
 tion of director, the directors shall make a detailed report of 
 their receipts and expenditures to the voters there present, 
 a copy of which shall be transmitted to the township treas- 
 urer within five days of the time of said election. They xumberunabie 
 shall also report the number and names of persons above ^ rit e ead and 
 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 author- 
 ized 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, May compen- 
 wliere they deem the amount of labor done sufficient to jus- eateclerk * 
 tify it, allow out of such funds a compensation to said clerk 
 for duties actually performed. Within ten days after every p 0 iibook. 
 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 poll book within the time pre- p e nal ty- 
 scribed, the judges shall be liable to the same penalty as is 
 prescribed in section thirty, which penalty may be recov- 
 ered in the same manner as is provided in said section, and 
 when collected, shall be addedto the district funds. If any Rerident * 
 trustee or director shall not be an inhabitant of the district 
 or township which he represents, an election shall be ordered 
 
18 
 
 not be' trustee 11 ^ vacanc y ; and no person sliall be at the same time 
 
 a director and trustee, nor shall a director or trustee be 
 Contracts. interested iu any contract made by the board of which he is 
 a member. 
 
 Power to tax. § 43. For the purpose of establishing and supporting free 
 schools for not less than five nor more than nin e 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- 
 Limitations. penses, the directors of each district shall be authorized to 
 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 
 the last assessment for state and county taxes. They may 
 also appropriate to the purchase of libraries and apparatus 
 any surplus funds, after all necessary school expenses are 
 paid. 
 
 ^Certificate of g 44 . The directors of each district shall ascertain, as 
 near as practicable, annually, how much money must be 
 raised by special tax for school purposes during the ensuing 
 year, which amount shall be certified and returned to the 
 township treasurer, on or before the first Monday of Sep- 
 tember, annually. The certificate of the directors may be 
 in the following form, viz : 
 
 We hereby certify that we require the amount of to be levied as a special tax 
 
 for school purposes, on the taxable property of our district, for the year 18. . 
 
 Giveu under our hands this day of 18 . 
 
 A B, l Directors District No. ..., township 
 C JJ, > No. range No. county of 
 E E, 3 State of Illinois. 
 
 Time of return, it shall be the duty of the township treasurer to 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 
 Ma P- township treasurer shall return to the county clerk, with 
 
 the certificates, a map of the township, showing such 
 cm.inties tintw ° clian^es, and certified as required in the thirty-third section 
 of this act. When a district lies partly in two or more 
 counties, the directors shall determine and certify the 
 amounts to be levied on the taxable property lying in each 
 county, and return the same to the township treasurer, who 
 shall return them to the respective county clerks, as herein- 
 before provided. 
 
 County clerk g 45. According to the amounts certified as aforesaid, 
 to compute tax. ^ sa j ( | coun ty 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 every tract of 
 land assessed by the assessor, which lies, or the largest part 
 of which lies in said district. The said county clerk shall 
 cause each person’s tax so computed to be set upon the tax 
 book to be delivered to the collector for that year, in a 
 
 5 
 
 / 
 
19 
 
 . separate column, against each tax- payer’s name or parcel di ^ i 1 c e t c f a ° x 11 of 
 of taxable property, as it appears in said collector’s booh, 
 to be collected in the same manner and at the same time, 
 and by the persons, as state and county taxes are collected. 
 
 It shall be the duty of assessors, when making assessments no te5rict. t0 
 of personal property, to designate the number of the school 
 district in which each person so assessed resides ; which 
 designation shall be made by writing the number of such dis- 
 trict opposite each person’s assessment of personal property, 
 in a column provided for that purpose in the assessment 
 roll returned by the assessor to the county clerk. It shall D c "* y k of county 
 be the duty of the county clerk to copy said numbers of c er ' 
 school districts, as returned by the assessor, into the collec- 
 tor’s book, and to extend the school tax on each person’s 
 assessment of personal property according to the rate re- 
 quired by the amount designated by the directors of the 
 school district in which such person resides. It is hereby 
 , \ made the duty of the proper officers, in preparing blank 
 books and notices for the use of assessors, to provide 
 columns and blanks for the use of assessors as above de- 
 scribed. The computations of each person’s tax, and the 
 levy made by the clerk as aforesaid, shall be hnal and con- Taxtobeuni- 
 clusive : Provided , the rate shall be uniform, and shall form - 
 not exceed that required by the amount certified by the 
 board of directors ; and the said county clerk, before de- 
 livering the tax book to the collector, shall make out and 
 send by mail to each township treasurer of the respective 
 townships in the county, a certificate of the amount due ^ 0 ®^ ificate d ° f 
 each district, or fraction of a district in his township, of said each U distiiot. e 
 tax, so levied and placed upon the tax books , and on or 
 before the first day of April next after the delivery of the 
 tax books containing the computation and levy of said 
 taxes aforesaid, or so soon thereafter as the township trea- 
 surer shall present the said certificate of the amount of 
 said tax, and make a demand therefor, the said collector a C t ° f | 1 t e 0 c ^f h J° 
 shall pay to said township treasurer the full amount of said treasurer, 
 tax so certified by .the county clerk, or in case any part 
 thereof remains uncollected, said collector shall, in addition 
 to the amount collected, deliver to said township treasurer 
 a statement of the uncollected taxes for each district of such 
 ^ township, taking of the township treasurer his receipt there- 
 
 for, which receipt shall be evidence, as well in favor of the 
 collector as against the township treasurer;, and said trea- 
 surer shall enter the amount collected in his books, under 
 the proper heads, and pay the same out as provided for 
 by this act. 
 
 § Ifi. If any collector shall fail to pay the. amount of collector to >a° f 
 said tax, or any part thereof, as required in the aforesaid ( opay ‘ 
 section, it shall be competent for the township treasurer, or 
 other authorized persoh, to proceed against such collector 
 and his securities in an action of debt in any court of com- 
 petent jurisdiction ; and the said collector, so in default, 
 shall pay twelve percentum upon the amount due, to be 
 assessed as damages, which shall be included in the judg- 
 ment rendered against him : Provided , no collector shall be 
 
20 
 
 Vote necessary 
 for borrowing 
 money. 
 
 liable for such part of said tax as he shall be able to make 
 appear he could not have collected by law, until he may be 
 able to so collect such amount. 
 
 § 47. For the purpose of building school houses, or pur- 
 chasing 1 school sites, or for repairing and improving the 
 same, the directors, by a vote of the people, at an election 
 called and conducted as required in the forty-second section 
 of this act (a majority of the votes cast shall be necessary 
 to authorize the directors to act), may borrow money, issu- 
 ing bonds executed by the officers, or at least two members 
 of the board, in sums of not less than one hundred dollars ; 
 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 previous indebtedness) of the taxable pro- 
 perty 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 indebtedness contracted 
 previous to the passage of this act. 
 
 § 48. The directors of each district are hereby declared 
 a body politic and corporate, by the name of u School Direc- 
 tors of District No , Township No , County of 
 
 , and State of Illinois,” and by that name may sue 
 
 and be sued in all courts and places whatever. Two direc- 
 tors shall be a quorum for business. The directors shall be 
 liable as directors for the ba, lance due teachers, and for all 
 debts legally contracted. They shall establish and keep in 
 operation, for at least five months in each year, and longer, 
 if practicable, a sufficient number of free schools for the 
 proper accommodation of all children in the district over 
 the age of six and under twenty-one years, and shall secure 
 to all such children the right and opportunity to an equal 
 education in such free schools. They shall adopt and en- 
 force all necessary rules and regulations for the manage- 
 ment aud government of the schools, and shall visit and 
 inspect the same, from time to time v as the good of the 
 schools may require. They shall appoint all teachers, fix 
 the amount of their salaries, and may dismiss them for in- 
 competency, cruelty, negligence, immoralitj" or other suffi- 
 cient cause- They shall have power to assign pupils to the 
 several schools. They shall direct what branches of study 
 shall be taught, and what text-books and apparatus shall be 
 used in the several schools, aud strictly enforce uniformity 
 of text-books therein, but shfill not permit text-books to be 
 changed oftener than once in four years. They may suspend 
 or expel pupils for incorrigibly bad conduct, and no action 
 shall lie against them for such expulsion or suspension ; and 
 may provide that children under twelve (12) years of age 
 shall not be confined in school more than four hours daily, 
 vote required, it sfiall not be lawful for a board of directors to purchase 
 or locate a school house site, or to purchase, build or move 
 a school house, or to levy a tax to extend schools beyond 
 nine months, without a vote of the people, at an election 
 
 Tax limited to 
 three per cent — 
 exception. 
 
 Directors body- 
 politic. 
 
 Liable for bal- 
 ances due teach- 
 ers. 
 
 Powers and 
 duties. 
 
 Rules and reg- 
 ulations. 
 
 Text books. 
 
21 
 
 called and conducted as required in tlie forty-second section 
 of this act. A majority of the votes cast shall be necessary 
 to authorize the directors to act : Provided , that if no one M 
 locality shall receive a majority of all the votes cast at such school site, 
 election, the directors may, if in their judgment the public 
 interests require it, proceed to select a suitable school house 
 site $ and the site so chosen by them shall, in such case, be 
 legal and valid, the satne as if it had been determined by a 
 majority of the votes cast. 
 
 OF JUDGMENTS AND EXECUTIONS AGAINST BOARDS OF 
 TRUSTEES OR SCHOOL DIRECTORS. 
 
 § 49. If judgment shall be obtained against any town- Pa entoom _ 
 ship board of trustees or school directors, the party entitled peifeS? ° m 
 to the benefit of such judgment may have execution there- 
 for, as follows, to wit : It shall be lawful for the court in 
 which such judgment shall be obtained, or to which such 
 judgment shall be removed by transcript or appeal Irom a 
 justice of the peace or other court to issue thence a writ, com- 
 manding the directors, trustees and treasurer of such town- 
 ship to cause the amount thereof, with interest and costs, to 
 be paid to the party entitled to the benefit of said judgment, 
 out of any moneys unappropriated, of said township or dis- 
 trict, or, it there be no such moneys, out of the first monies 
 applicable to the payment of the kind of services or indeb- 
 tedness for which such judgment shall be obtained, which 
 shall be received for the use of such township or district, and 
 to enforce obedience to such writ by attachment, or by man- 
 damus, requiring such board to levy a tax for the payment 
 of said judgment ; and all legal process, as well as writs to 
 enforce payments of a judgment, shall be served either on 
 the president or clerk of the board. 
 
 EXAMINATION AND QUALIFICATIONS OF TEACHERS. 
 
 § 50 * No teacher shall be authorized to teach a common Qualifications 
 school under the provisions of this act who is not of good — 1 branches, 
 moral character and who does not possess a certificate as 
 required by this section. It shall be the duty of the county 
 superintendent to grant certificates to such persons as may, 
 upon due examination, be* found qualified j and said certifi- 
 cates shall be of two grades : those of the first grade shall two grades of 
 be valid for two years, and shall certify that the person to certificates, 
 which such certificate is given is qualified to teach orthogra- 
 phy, reading in English, penmanship, arithmetic, English 
 grammar, modern geography, the elements of the natural sci- 
 ences, the history of the United States, physiology and the 
 laws of health. Certificates of the second grade slial 1 be valid 
 for one year, and shall certify that the person to whom 
 such certificate is given is qualified to teach orthography, 
 
 As amended by the act approved March 30, 1874. 
 
22 
 
 reading in English, penmanship, arithmetic, English gram- 
 mar, modern geography and the history of the United 
 Renewal and States. The county superintendent may, at his option, 
 vocation* renew said certificates at their expiration , by hisendo rsement 
 
 thereon, and may revoke the same at any time, for immor- 
 ality, incompetency, or other just cause. Said certificate 
 may be in the following form, viz: 
 
 “ Illinois 18.. 
 
 -p, „ County. 
 
 lorm 01 cer- “ The undersigned having examined in orthogranhy, reading in 
 
 ncate. English, penmanship, arithmetic, English grammar, modern geography, the 
 
 history of the United States, and being satisfied that is of good 
 
 moral character, hereby certifies that qualifications in the above 
 
 branches are such as to entitle to this certificate of the 
 
 grade, and valid in said county for year from the date thereof, renewable 
 
 at the option of the county superintendent by his endorsement thereon. 
 
 Given under my hand and seal at the date aforesaid. 
 
 A. B. County Superinte iue.U of Schools .” 
 
 Graduates of In any county in which a county normal school is es- 
 schoofs normal tablished, under the control of a county board of education, 
 the diplomas of graduates in said normal school shall^ when 
 directed by said board, be taken by the county superintend- 
 ent as sufficient evidence of qualifications to entitle the 
 Record. holder to a first class certificate. Each county superintend- 
 ent shall also keep a record, in a book provided for that 
 purpose, of all teachers to whom he grants certificates. 
 Said record shall show the date and grade of each certificate 
 granted, and the name, age and nativity “of each ‘teacher ; 
 and shall give the names of male and female teachers sepa- 
 rately. Said record may be as follows, viz : 
 
 Name. 
 
 Age. 
 
 N tivity. 
 
 Date. 
 
 Grade. 
 
 Remarks. 
 
 Chas. Thompson 
 
 25 
 
 Illinois. 
 
 March 1, 1864. 
 
 1 
 
 Has taught 5 y’rs 
 
 A copy or transcript of saie record shall be transmitted 
 by the county superintendent, with his regular report, to 
 state certifi- the state superintendent. The state superintendent of 
 cates. public instruction is hereby authorized to grant state certi- 
 
 ficates 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. JBut state certificates shall 
 only be granted upon public examination, of which due 
 notice shall be given, m such branches and upon such terms, 
 and by such examiners, as the state superintendent and the 
 principals of the normal universities may prescribe. Said 
 certificates may be revoked by the state superintendent 
 upon proof of immoral or unprofessional conduct. Every 
 Kind of schools school established under the provisions of this act shall be 
 required. for the instruction in the branches of education prescribed 
 in the qualifications for teachers, and in such other branch- 
 es, including vrcal music and drawing, as the directors or 
 voters of the district, at the annual election of directors, 
 may prescribe. 
 
 Quarterly ex- § 51. it shall be the duty of the county superintendent 
 amina ions. or t) 0ar( j 0 f examiners, as the case may be, to hold meet- 
 
23 
 
 ings at least quarterly, and oftener if necessary, for the 
 examination of teachers, on such days and at such places 
 ia the respective counties as will, in their opinion, accommo- 
 date the greatest number of persons desiring such examina- 
 tion. Notice of such meetings shall be published a suffi- 
 cient length of time, in at least one newspaper of general 
 circulation, the expense of such publication to be paid out 
 of the school fund. The county superintendent or board 
 of examiners shall, in no case exact or receive any fee for 
 certificates. 
 
 TEACHERS— THEIR DUTIES. 
 
 § 52. No teacher shall be entitled to any portion of the 
 common school or township fund, or other public fund, or possess ^certm- 
 be employed to teach any school under the control of any pioymeS re em ' 
 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 furnished 
 schedules as herein directed, and shall have satisfactorily Must return 
 accounted for the books, apparatus and other property of the sc]aedule - 
 district that he may have taken in charge. 
 
 § 53. Teachers shall make schedules of the names of all schedule must 
 scholars under twenty-one years of age, attending their 111 form - 
 schools, in the form prescribed by this act ; and When schol- 
 ars reside in two or more districts, townships or counties, 
 separate schedules shall be kept for each district, township 
 or county ; and the absence er 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 absence 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: 
 
 Notine. 
 
 No fee. 
 
 Tao atq mnaf 
 
 
 * 
 
24 
 
 Form of sche- 
 dule. 
 
 Teacher to cer- 
 v tify. 
 
 Schedule to he 
 delivered to di- 
 rectors. 
 
 Directors to 
 certify. 
 
 Schedule of a common school Jcept by A B, at , in district number , in 
 
 township number , range number , of the principal meridian , in 
 
 the county of , in the state of Illinois : 
 
 Grand number of days. 
 
 
 Males. 
 
 Fem’les 
 
 Total. 
 
 Number of scholars 
 
 2 
 
 2 
 
 4 
 
 
 Average daily attendance 3.2 
 
 And said teacher shall add up and set down the whole 
 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 pu- 
 pil opposite the name of said ; pupil, as in the form above 
 prescribed, and shall attach thereto his certificate, which 
 shall be in the following form, viz : 
 
 I certify that the 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. 
 
 AB, \Teacher. 
 
 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 : 
 
25 
 
 V 
 
 direc- 
 
 Limit of time. 
 
 State op Illinois, ) aa 
 
 County. 5 88 * 
 
 ¥e. the undersigned, directors of , in township number , range number 
 
 , in the county aforesaid, certify that we have examined the foregoing schedule, 
 
 and find the same to be correct, and that the school 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 char- 
 
 acter, and of qualification to teach a common school (or of such grade as the case 
 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.. 
 
 q p’ | Directors. 
 
 Which schedule or schedules, certified, as aforesaid, by at gchednletobe 
 least two directors, shall be filed by said directors with the filed with treas- 
 towuship treasurer; and until such schedule and report, a^s JJjf' by 
 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 trea- 
 surer. 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 treasu- 
 rer within the time fixed by law. Teachers’ schedules are 
 hereby declared payable monthly, upon the presentation of monthly, 
 schedules, duly certified by the directors ; and for any por- 
 tion of the amount certified in said schedules, by the direc- 
 tors, to be due, and remaining unpaid after the same be- 
 comes 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 pro- 
 per district, and not otherwise previously and specifically 
 appropriated. 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. 
 
 Receipt. 
 
 Liability. 
 
 Payable 
 
 Interest. 
 
 School month. 
 
 TOWNSHIP TREASURER — HIS DUTIES. 
 
 § 55. The township treasurer, appointed by the board 
 of trustees, shall, before entering upon his duties, execute sh^ueasurlr 
 a bond, with two or more freeholders, who shall not be 
 members of the board, as securities, payable to the board of 
 the township for which he is appointed treasurer, with a suffi- 
 cient penalty to cover all liabilities which may be incurred, 
 conditioned faithfully to perform all the duties of township 
 —3 
 
26 
 
 treasurer, in township , range , in county, 
 
 Approval. according to law. The bond shall be approved by at least 
 a majority of the board, and shall be delivered by one of 
 the trustees to the county superintendent of the proper 
 county. And in all cases where such treasurer aforesaid is 
 to have the custody of all bonds, mortgages, moneys and 
 effects denominated principal, and belonging to the town- 
 ship for which he is appointed treasurer, the penalty of said 
 treasurer’s bond shall be twice the amount of said bonds, 
 Penalty of bond notes, mortgages, moneys 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 every township treasurer appointed subse- 
 quent to the first, as herein provided, shall execute bond 
 with security as is required of the first treasurer. The 
 bond required in tkis section shall be in the following form, 
 viz : i 
 
 Form of bond. State of Illinois, ? 
 
 County, v' 
 
 Know all men by these presents, that we. A B, C D and E F. are held and firmly 
 
 bound, jointly and severally, unto the board of , in said county, in the penal 
 
 sum of dollars, for the payment of which we bind ourselves, our heirs, execu- 
 
 tors 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 iu force, and shall deliver to to his successor in office all moneys, 
 books, papers, securities and property in his hands as such township treasurer, then 
 this obligation to be void : otherwise to remain in full force and virtue. 
 
 Approved and accepted by 
 
 Gr H, ) A B, [SEAL.] 
 
 I J, > Trustees. C D, [seal.1 
 
 K L, ) E F, [seal.] 
 
 Accounts of § 56. Every township treasurer shall provide himself 
 treasurer. w ith £ W0 we p 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, statiDg the charge, 
 when, from whom, and on what account received; ancl 
 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 : 
 
 Mr st — The principal of the township fund, when paid in, 
 and when paid out. 
 
 Second — The interest of the township fund, when received, 
 and when paid out. 
 
 Third — The common school fund and other funds, when 
 received from the county superintendent, and when paid 
 out. 
 
 Fourth — The taxes received from the county or town col- 
 lector, distinguishing between that for general school pur- 
 poses and that levied for the purpose of prolonging schools. 
 
 jp0/i^_Donations received. 
 
 Sixthr — Moneys coming from all other sources ; and in all 
 ca‘ses entering the date when received and when paid out. 
 And he shall also arrange and keep his books and accounts 
 
27 
 
 in such other manner as may be directed by the state or 
 
 county superintendent, or the board of trustees. He shall 
 
 also provide a book, to be called a journal, in which he shall 
 
 record, fully and at length, the acts and proceedings of the 
 
 board, their orders, by-la,ws and resolutions, And he shall and C bondi. note8 
 
 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 : 
 
 Makers’ names. 
 
 Date of note. 
 
 When due. 
 
 Ain't. 
 
 Remarks. 
 
 A B, C D, E F. 
 
 January 1st, 18 — 
 
 January 1st, 18 — 
 
 $90 00 
 
 January 6th, 18 — , 
 handed to I J, for 
 collection, (or Jan. 6, 
 18—, paid.) 
 
 
 
 
 
 
 
 All the books and accounts of the treasurer shall a t all subject to in- 
 times be subject to the inspection of the trustees, directors, 8 P ectlon - 
 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 Loans, 
 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 Eateofintere8t . 
 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 spe- 
 cial 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 Security, 
 than one year, two responsible sureties shall be given ; for 
 all sums over one hundred dollars, aud 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 Loans may be 
 township funds to boards of school directors, taking bonds t0 direc ' 
 therefor, as provided in section forty-seven of this act. 
 
 Notes, bonds, mortgages and other securities taken for p aya bie in cor- 
 money or other property, due or to become due to the board poratename. 
 of trustees for the township, shall be payable to the said 
 board by their corporate name ; and in such name suits, ac- 
 tions 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, vaUd in other 
 that notes, bonds, mortgages and other securities in which names - 
 the name of the county superintendent or of the trustees of 
 schools are inserted, shall be valid to all intents and pur- 
 
28 
 
 poses j 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 
 Surplus. 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 
 Fo rmofmort- unc ^ er th 0 provisions of this act, may be in the following 
 gage. 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. 1 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 
 covenants 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 
 Mort a e to re< l u i re( l by law for other conveyances of real estate, the 
 be recorded. ° mortgagor paying the expenses of acknowledgment and re- 
 cording. 
 
 Action 
 
 mortgage. 
 
 § 59. Upon the breach of any condition or stipulation 
 contained in said mortgage, an action may be maintained 
 and damages recovered as upon other covenants ; but mort- 
 gages made in any other form to secure payment, as afore- 
 said, shall be valid as if no form had been prescribed. In 
 estimating the value of real estate mortgaged to secure the 
 payment of money loaned under the provisions of this law, 
 the value of improvements liable to be destroyed shall not 
 be included. 
 
 § 60. In all cases where the board of trustees shall re- 
 Additionai se- quire additional security for the payment of money loaned, 
 ounty. and guflh 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, 
 Preference ^ ose due the common school or township fund shall have 
 given debts a preference over all other debts, except funeral and other 
 J 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 pro bate justice, upon 
 
 due school fund. 
 
29 
 
 the proper day, as other creditors, and have any debts, as 
 aforesaid, probated and classed, to be paid as aforesaid. Default in 
 
 § 61. If default be made in the payment of interest due p|nSty t_ " 
 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. 
 
 And the said township treasurers are hereby empowered to Action to re- 
 bring appropriate actions, in the name of the board of trus- cover inter st - 
 tees, for the recovery of the half-yearly interest, when due 
 and unpaid, without suing for the principal, in whatever 
 form secured, and justices of the peace shall have jurisdic- 
 tion in such cases of all sums of two hundred dollars. Manner of 
 
 § 62. All suits brought, or actions instituted under the brln8ing suits ' 
 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 tam in this act, or in favor of 
 county superintendents. The township treasurer- shall de- t0 ^s i,e Veas 
 maud, receive and safely keep, according to law, all moneys, u°rer. s P iea8 ~ 
 books and 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, 
 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 Treasurer , a 
 every year, the township treasurer shall lay before the report to trus- 
 board of trustees a statement, showing the amount of inter- tees - 
 est, rents, issues and profits that have accrued or become 
 due since their last regular half-yearly meeting, on the town- 
 ship lands and township funds, and also the amount of state 
 and county fund interest on hand. He shall also lay before 
 the said trustees all books, notes, bonds, mortgages and all 
 other evidence of indebtedness belonging to the township, 
 for the examination of the trustees, and shall make such 
 other statement as the board may require touching the du- 
 ties of his office. The township treasurer shall also, on the Exhibit to 
 first Mondays of April and October of each year, make a directors - 
 full settlement with the respective boards of directors in his 
 township, and shall deliver to the clerk of each of said 
 boards, on demand, a statement or exhibit, showing the 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- 
 nually, and jmesent at the meeting of the board of trustees trustees. 1 6 to 
 succeeding the annual election, a complete exhibit of the 
 fiscal affairs of the township and of the several districts, 
 
30 
 
 Treasurer lia- 
 ble for failure. 
 
 Not liable 
 when acting 
 under orders 
 of board. 
 
 Bonds, secu- 
 rities, etc., to 
 be turned ov’r 
 to successor. 
 
 Penalty and 
 judgment. 
 
 Sale of six- 
 teenth section. 
 
 Principal of 
 township fund 
 
 showing the receipts of moneys, and the sources from which 
 they have been derived, and the deficit and delinqnences, 
 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 aiiy failure or refusal to perform all the duties 
 required of township treasurer by law, he shall be liable to 
 the board of trustees upon his bond, to be recovered by 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- 
 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 an 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 
 moved, and at the expiration of his term of office, he shall 
 pay over to his successor in office all money on hand, and 
 deliver over all books, notes, bonds, mortgages, and all 
 other securities for money, and all papers and documents 
 of every description, in which the corporation may have 
 any interest whatever ; and in case of the death of the town- 
 ship treasurer, his securities and legal representatives shall 
 be bound to 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 be- 
 fore Avhich judgment may be obtained ; and the obtaining 
 or payment of said judgment shall in nowise discharge or 
 diminish the obligation of his official bond. 
 
 TOWNSHIP AND COUNTY SCHOOL FUNDS. 
 
 § 66. All bonds, notes, 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 
 fund, and all other funds of every description, which have 
 been or may hereafter be carried to and made part of the 
 principal of any township or. county fund, by any law which 
 has heretofore been, is now, or may hereafter be enacted, 
 are hereby declared to be and shall forever constitute the 
 principal of the township or county fund, respectively, and 
 no part thereof shall ever be distributed or expended for 
 any purpose whatever, but shall be loaned out, and held to 
 use, rent or profit, as provided by Jaw. But the interest. 
 
31 
 
 \ 
 
 rents, issues and profits, arising and accruing from the prin- tr -g^ed St dis ‘ 
 cipal of said township or county fund, shall be distributed 
 in the manner and at the times as 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. 
 
 § 67. School funds collected from special taxes, levied ah funds to 
 by order of school directors, or from the sale of property orders* o? di- 
 belonging to any district, shall be paid out on the order of rectors - 
 the proper board of directors ; and all other moneys and 
 school funds, liable to distribution, paid into the township 
 treasury, or coming into the hands of the township treasurer, 
 shall, after said funds have been apportioned by the town- 
 ship trustees, as required in section thirty-four of this act, 
 be paid out only on the order of the proper board of direc- 
 tors, 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 : 
 
 The treasurer of township No , range No , in county, Form of order. 
 
 wili pay to , or bearer dollars and cents (on his contract 
 
 for repairing school house, or whatever the purpose may be). 
 
 By order oi the board of directors of district No in said township. 
 
 C D, Clerk. A B, President. 
 
 Which order, together with the receipt of the person to Recelpt to 
 whom paid, shall be filed in the office of the township be med. 
 treasurer. 
 
 COMMON SCHOOL FUNDS. 
 
 § 68. *The common school fund of this state shall con- Two-miii tax 
 sist of the proceeds of a two mill tax, to be levied upon each etc - 
 dollar’s valuation of the property in the state annually, 
 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 lie venue,” distributed by act of con- 
 gress, and made a part of the common school fund by act of 
 the legislature, March four, eighteen hundred and thirty- 
 seven. 
 
 § 69. The state shall pay the interest mentioned in the state t0 pay 
 next proceeding section at the rate of six per cent, per interest, 
 annum, annually, to be paid into and become a part of said 
 school fund. 
 
 § 70. *On the first Monday in January, in each and Auditor to 
 every year next after taking the census of the state, the affiand issue 
 auditor of public accounts shall ascertain the number of warrants, 
 children in each county in the state, under twenty-one 
 years of age, and shall thereupon make a dividend to each 
 
 •The twenty-third clause of the act to provide for the ordinary and contin- 
 gent 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 million dollars, annually, out oft he State school fund, to pay the amount 
 of the auditor’s orders issued for the distribution of said fund to the several 
 counties . 1 he auditor shall issue his warrant, on the proper evidence that the 
 
 amount distributed has been paid to the county school superintendents." 
 
32 
 
 Basis of. 
 
 State treas- 
 urer to re- 
 ceive war- 
 rants from col- 
 lectors. 
 
 Refusal of 
 collector to 
 pay. 
 
 Fixed by law 
 
 Appropria- 
 tions for in- 
 stitutes. 
 
 Compensation 
 of treasurers. 
 
 Exemption. 
 
 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 reve- 
 nue, in proportion to the number of children in each county 
 under the age aforesaid, and issue his warrant to the super- 
 intendent of schools of each county upon the collector 
 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 superin- 
 tendent the amount of said warrant out of the first funds 
 which may be collected by him, and not otherwise appro- 
 priated by law, taking said superintendent’s receipt therefor. 
 The warrants issued by the auditor of public accounts for 
 the school fund tax and for the interest of the school fund 
 proper and surplus revenue, shall be received by the state 
 treasurer in 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 dividends shall be made 
 and continued as aforesaid, according 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 
 be presented, it shall be competent for the county superin- 
 tendent to proceed against said collector and his securities in 
 an action of debt, in any court having competent jurisdic- 
 tion ; 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 
 section sixty-eight of this act, shall be entitled to such com- 
 pensation as is or may be 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 treasury, 
 upon the order of the county clerk ; and county boards are 
 authorized to make appropriations for the holding of county 
 teachers’ institutes. 
 
 § 72. Township treasurers shall receive, in full for their 
 services, a compensation, to be fixed prior to their election, 
 by the board of trustees. Trustees of schools, school direc- 
 tors or other school officers performing like duties, shall be 
 exempted from road labor and from military duty. 
 
 *See note foot of preoeding page. 
 
33 
 
 LIABILITIES OF OFFICERS. 
 
 § 73. If any county superintendent, trustee of schools, Liable to in- 
 township treasurer, director, or any other person intrusted f^Ssonment 
 with the care, control, management or disposition of any 
 school, college, seminary or township fund for the use of 
 any county, township, district or school, shall convert 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- 
 severally, for the sufficiency of securities taken from town- Jftlesof town- 
 ship treasurers ; and in case of judgment against said treas- ship treasur- 
 urers and their securities, for or on account of any default er8, 
 of such treasurer, on which the money shall not be made 
 v 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, Except j 0n . 
 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. 
 
 § 75. The real estate of county superintendents, of town- 
 ship treasurers, and all other school officers, and of the secu- Real estate 
 rities of each of them, shall be bound for the satisfaction an d ?ers e bound ffl ’ 
 I payment of all claims and demands against said superin- 
 tendents 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 satisfac- 
 tion thereof be obtained ; and no sale or alienation of real 
 estate by any superintendent, treasurer or other officer, or Lien - 
 security aforesaid, shall defeat the lien created by this sec- 
 tion, but all and singular such real estate held, owned or 
 claimed as aforesaid, shall be liable to be sold in satisfaction 
 of any judgment which may be obtained in such actions or 
 suits. 
 
 § 76. Trustees of schools, or either of them, failing or 
 x refusing to make returns of children in their township, trustees 6 to 
 according to the provisions of this act, or if either of them make returns, 
 shall knowingly make a false return, the party so offending 
 shall be liable to a penalty of not less than ten dollars, nor 
 more than one hundred dollars, to be recovered by action 
 of assumpsit, before any justice of the peace of the county; 
 which penalty, when collected, shall be added to the town- 
 ship fund; and if any county superintendent, director or 
 trustee, or either of them, or other officer whose duty it is, dollars" 
 shall negligently or willfully fail or refuse to make, furnish or y ' c ° ar8 ’ 
 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 
 —4 
 
34 
 
 County su- 
 perintendent 
 may remove 
 director. 
 
 Officers re- 
 sponsible for 
 loss of funds . 
 
 Perversion of 
 funds to sec- 
 tarian pur- 
 poses forbid- 
 den. 
 
 Interest in 
 school books, 
 etc. 
 
 Penalties. 
 
 this act, such delinquent or party offending shall be liable to 
 a fine of twenty-five dollars, to be recovered before any jus- 
 tice of the peace, on information in tne 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 duties as 
 director, under this act, may be removed by the county 
 superintendent, and a new election ordered, as in other cases 
 of vacancy. 
 
 § 77. County superintendents, trustees of schools, direc- 
 tors and township treasurers, or either of them, and any 
 other officer having charge of school funds or property, shall 
 be responsible for all losses sustained by any county, town- 
 ship or school fund, by reason of any failure on his or their 
 part to perform the duties required of him or them by 
 this act, or by any rule or regulation authorized to be 
 made by this act ; and each and every one of the officers 
 aforesaid shall be liable for any such loss sustained as afore- 
 said, and the amount thereof may be recovered in a cifil 
 action before any court having jurisdiction thereof, at the 
 suit of the state of Illinois, for the use of the county, town- 
 ship or fund injured ; and the amount when collected, shall 
 be paid to the proper officer, for the benefit of said county, 
 township or fund injured. No county, city, town, town- 
 ship, school district or other public corporation, shall ever 
 make any appropriation or pay from any school fund what- 
 ever, anything in aid of any church or sectarian purpose, or 
 to help support or sustain any school, academy, seminary, 
 college, university or other literary or scientific institution 
 controlled by any church or sectarian denomination what- 
 ever; 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 orjdirection school 
 funds or property, who 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- 
 oned in the county jail not less than one nor more than 
 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 
 be 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 more than twelve months, at the discre- 
 tion of the court. 
 
35 
 
 COSTS, TENURE OF OFFICERS AND CONTRACTS UNDER 
 FORMER LAWS. 
 
 § 78. No justice of tlie peace, probate justice, constable, Costsnot t0 
 clerk of any court, or sheriff, shall charge any costs in any be charged, 
 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. 
 
 § 79. This act shall not be so construed as to repeal or Specia , acts 
 change, in any respect, any special acts in relation to schools not repealed, 
 in cities having less than one hundred thousand inhabitants, 
 or incorporated towns, townships or districts, except that it 
 shall be the duty of the several boards of education or other 
 officers of any city or incorporated town, township or dis- 
 trict, having in charge schools under the provisions of any 
 of the said special acts, or of any ordinance of any city 0 r Report8, 
 incorporated town, on or before the second Monday of 
 October preceding each regular session of the general as- 
 sembly 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 other information in regard 
 to schools, and the enumeration of persons, as [is] required to 
 be communicated by township boards of trustees or direc- 
 tors under the provisions of this act, or so much thereof as 
 may be applicable to said city or incorporated town, to the 
 county superintendent of tbe county where such city or in- . 
 corporated town is situated, or of the county in which the 
 larger part of such city or town is situated ; nor shall it be Funds to be 
 lawful for the county superintendent, or any other officer 0 r withheld - 
 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 incor- 
 porated town, unless a report of the number of persons, 
 and other statistics relative to schools, 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 pres- 
 ident, principal or other proper officer of every organized 0 f learning 0118 
 university, college, seminary, academy, or other literary 
 institution, heretofore incorporated or hereafter to be incor- 
 porated 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 November, 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 income 
 from all sources, the number of instructors, the number of 
 students in the different classes, the studies pursued and 
 
36 
 
 Cities and 
 villages. 
 
 Boards of 
 education. 
 
 Term of office. 
 
 Powers and 
 duties. 
 
 the books used, the course of instruction, the terms of tui- 
 tion, and such other matters as may be specially requested 
 by said superintendent, or as may be deemed proper by the 
 president or principal of such institutions, to enable the su- 
 perintendent of public instruction to lay before the legisla- 
 ture 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 provi- 
 ded 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 direc- 
 tors succeeding the passage of this act, m 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 
 two thousand inhabitants, at the first election of directors 
 occurring after taking such special or general census, there 
 shall be elected a board of education, who shall be the 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 
 the vacancies occurring, and to serve for the term of three 
 years. Such board shall have power, and it shall be their 
 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 fur- 
 nish 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. 
 
37 
 
 Fifth — To levy a tax annually upon the taxable property 
 of the district, in tl}e 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, 
 exeept 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 superintendent 
 or superintendents of schools, and fix and pay a proper sal- 
 ary or salaries* therefor ; and such superintendent may be 
 required to act as principal or teacher in such schools. 
 
 Eighth — To lay off and -divide the district into sub-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 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 several schools. 
 
 It shall be the duty of the board of education to establish 
 all such by-laws, rules and regulations for the government, I),8Cipline ‘ 
 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 pro- 
 perty 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 Yeas and na y s 
 be kept a faithful record of all their proceedings. The yeas 
 and nays shall be taken, and entered on the records of the 
 proceedings of the board, upon all questions involving the 
 expenditure of money. 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 
 
38 
 
 pubffied t0 be * n 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 conveyances 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 
 Township moneys raised by taxation for school purposes or received 
 have char e of ^ r0Tn the state common school fund, or from any other 
 funds 0 iaigeo source, for school purposes, shall be held by the township 
 treasurer as a special fund for school purposes, subject to 
 the order of the board of education, upon warrants signed 
 Special school by the president and secretary thereof. Any city, incor- 
 hn tS iUshed e re " P ora ^ ec ^ town, township or district in which the free schools 
 mqm e are now maiia g e( i 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- 
 ‘ ment of schools in such city, town, township or district, it 
 shall be the duty of such board, at the next ensuing election 
 to be held in such city, town, township or district, to canse 
 to be submitted to the voters thereof, giving not less than 
 fifteen days’ notice thereof by posting not less than five 
 notices in the most public places in such city, town, town- 
 ship or district, the question of “Organization under the 
 undertilfs^cT ^ 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 u For Organization under the Free 
 School 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 situated, 
 said trustees shall proceed to redistrict the township or 
 townships as aforesaid, in such manner as shall suit the 
 wishes and convenience of a majority of the inhabitants in 
 their respective townships, and to make division of funds 
 and other propertyin the manner provided by section thirty- 
 three of this act ; and at the next ensuing election of direc- 
 tor, directors or a 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 j n 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 city council — 
 First — To erect or purchase buildings suitable for school 
 houses, and keep the same in repair. 
 
39 
 
 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. 
 
 The board of education shall have power — 
 
 First — To furnish schools with the necessary fixtures, b ^^ d ers of the 
 furniture 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 — To prescribe the school books to be used, and the 
 studies in the different schools. 
 
 Seventh — To lay off and divide the city into school 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 re- 
 quired for the proper management of schools, with power 
 to enact such ordinances as may be necessary or deemed 
 expedient for such purpose. Schools in such cities shall be 
 governed as hereinafter stated, and no power given to the 
 board shall be exercised by the city council. The board of 
 education shall have the entire superintendence and- control 
 of the schools, and it shall be their duty to examine all per- 
 sons offering themselves as candidates for teachers, and 
 when found well qualified, to give them certificates thereof 
 gratuitously; 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 ; 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 the is not qualified 
 to teach, or whenever from any cause the interests of the 
 schools may, in their opinion, require such removal or dis- 
 mission. They shall have power to apportion the scholars 
 to the several schools. It shall be their duty 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. 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 
 
40 
 
 of the said board to take charge of the school houses, fur- 
 niture, ground and other property belonging to the school 
 districts, 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 said districts. The 
 said board shall appoint a president and secretary, the pres- 
 ident to be appointed from their own number, and shall 
 appoint such other officers and employees as such board shall 
 deem necessary, and shall prescribe their duties and com- 
 pensation and terms of office ; and the said board shall pro- 
 vide 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 be taken, and en- 
 Yeas and nays. tere( j on records of the proceedings of the board, upon 
 all questions involving the expenditure of money. None 
 of the powers herein conferred upon the board of education 
 shall be exercised by them except 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 relation to the schools 
 and the school fund, or the management thereof, and gen- 
 erally to recommend the establishment of such schools and 
 districts. The board of education shall prepare and publish 
 Report, an annual report, which shall include the receipts and ex- 
 penditures 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 
 Conveyances mone y s 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 taxation for school 
 purposes, or*received from the state common school fund, or 
 City treasurer from any other source for school purposes, shall be held by 
 to hold funds, the city treasurer as a special fund for shool purposes, sub- 
 ject to the order of the board of education, upon warrants to 
 be countersigned by the mayor and city 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 appropria- 
 ted for such purposes. If said board shall so add to such 
 hie^or^xc^" ex P eu( ^^ uie ’ city shall not, in any case, be liable there- 
 of expend!- for. From and after the time this act shall take effect,' the 
 tures. board of education in such cities shall consist of fifteen 
 
 Appointment members, to be appointed by the mayor by and with the 
 of board. advice and consent of the common council, five of whom 
 shall be appointed for the term of one year, five for the 
 term of two years, and five for the term of three years j and 
 
41 
 
 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 tilled by the appoint- 
 ment of the mayor, with the approval of the common coun- 
 cil, for the unexpired term. Any person having resided in 
 such city more than five years next preceding his appoint- 
 ment, shall be eligible to said office. Nothing herein shall iz ^°f o a t ^ 0r " 
 be so construed as to authorize any board of education to lze 0 ax ' 
 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. 
 
 § 81. Section number sixteen in every township granted section six- 
 to the state by the United States for the use of schools, teen ‘ 
 and such sections and part of sections as have been or may 
 be granted, as aforesaid, in lieu of all or part ot section 
 number sixteen, and also the lands which have been or 
 may be selected and granted as aforesaid, for the use of 
 schools, to the inhabitants of fractional townships in which 
 there is no section number sixteen, or where such section 
 shall not contain the proper proportion for the use of schools 
 in such fractional townships shall be held as common school 
 lands; and the provisions of this act referring to common 
 school lands shall be deemed to apply to the lands afore- 
 said. 
 
 § 82. All the business of such townships, so far as re- Trespass on 
 lates to common school lands, shall be transacted in that sch ° o1 lands 
 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 ac- 
 tion of qui tam , in the name of any person who will first sue Penalty, 
 for the same — one-half for the use of the person suing, the 
 other half to the use of the townsnip 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 committed 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 principal of the township 
 fund. And all other fines, penalties and forfeitures imposed Fines and 
 or incurred in any of the courts of record, or before any jus- forfeitures, 
 tice of the peace of this state, except fines, forfeitures and 
 
42 
 
 penalties incurred or imposed in incorporated towns or 
 cities, for the violation of the by-laws or ordinances there- 
 of, shall, when collected, be paid to the school superintend- 
 ent of the county wherein such fines, forfeitures and pen- 
 alties 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 com- 
 mon school funds of the state are distributed ; and it shall 
 Duty oifstate’s be the duty of the state’s attorneys of the several judi- 
 at ornejs. c j a j c j rcil its to enforce the collection of all fines, forfeit- 
 ures 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 
 t 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 
 ofiScer charged with the collection thereof to the school su- 
 perintendent of the county in which the same was imposed. 
 Report. Clerks of said courts of record, state’s attorneys and jus- 
 tices of the peace, shall report, under oath, to the school 
 superintendent of their respective counties, by the first of 
 March, annually, the amount of such fines, penalties and 
 forfeitures imposed or incurred in their respective courts, 
 and the amount of such fines, forfeitures and penalties col- 
 lected by them, giyingeacli 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 
 Failure to pay. 0 f sc h 00 i superintendent of the proper county. For a 
 
 failure to pay any such fines, forfeitures or penalties, on 
 demand, to the person who is by law authorized to receive 
 the same, the officer having collected the same, or having 
 the same in his possession, shall forfeit and pay double the 
 amount of such fine, penalty or forfeiture, as aforesaid, to 
 be recovered before 'any court having jurisdiction thereof, 
 in a qui tarn action — one-half to be paid to the informer and 
 one-half to the school fund of the proper county. 
 
 SALE OF COMMON SCHOOL LANDS. 
 
 saTe. tlti0n f ° r § 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 coun- 
 ty in which the school lands of the township, or the greater 
 part thereof, lie, for the sale thereof; which petition shall 
 be signed bj^ 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- 
 
43 
 
 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 township 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 
 hundred to six hundred and forty, but not before. 
 
 g 84. Any fractional township not having the requisite Fractional 
 number of inhabitants to petition for the sale of the school townshl P s - 
 lands therein, as provided in section eighty-three, which has 
 not heretofore been united with any other township 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 ot this act 
 shall apply to such united townships the same as though 
 they were one and the same township. 
 
 § 85. When the petition and affidavits are delivered to Trustees to 
 the county superintendent as aforesaid, he shall notify the to V iots. land in ’ 
 trustees ot 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 plat 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 value valuation, 
 on each lot, having regard to the terms of sale, certify to 
 the correctness of the plat, stating the value of each lot per 
 acre, or per lot, if less than one acre, and referring to and 
 describing the lot in the certificate, so as fully and clearly 
 to distinguish and identify each lot; which plats and certi- 
 ficate shall be delivered to the county superintendent, and 
 shall govern him in advertising and selling said lands. 
 
 § 80. In subdividing common sehool lands for sale, no size of lot. 
 lot shall contain more than eighty acres, and the division 
 may be made into town or village lots, with roads, streets Roads and 
 or alleys between them and through the same; and all sucli 8treet8 - 
 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 Place 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 
 
44 
 
 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 
 Notices. 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, de- 
 scribing* the land and stating the time, terms and place of 
 sale; and if any newspaper is published in said count}’, 
 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. 
 
 Manner of § 89. Upon the day appointed, the county superintend- 
 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 ottered. 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 
 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 mon- 
 ey, according to the terms of sale ; or in case of his failure to 
 do so by ten o’clock the succeeding day, the lot purchased 
 shall be again offered at public sale, on the same terms as 
 before, and if the valuation or more shall be bid, shall be 
 stricken off ; but if the valuation be not bid, the lot shall be 
 
 May be re- 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 superinten- 
 dent may forthwith institute an action of debt or assumpsit , 
 in his name, as superintendent, for the use of the inhabi- 
 tants of the township where the land lies, for the required 
 sum ; and upon making proof, shall be entitled to judgment, 
 with costs of suit ; which, when collected, shall be added to 
 the principal of the township fund. 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 n ay be § 91- All lands [not] sold at public sale, as herein pro- 
 re-soid. 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 
 ued be re " val ~ been heretofore valued, and have remained unsold for two 
 years, after having been offered for sale, or shall thereafter 
 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 lauds are situated may vacate the 
 valuation thereof, by an order to be entered in book A, of 
 
45 
 
 the county superintendent, and cause a new valuation to be 
 made, if, in their opinion, the interests of the township will 
 be promoted thereby. They shall make said second valu- 
 ation in the same manner as the first was made, and shall 
 deliver to the county superintendent a plat of such second 
 valuation, with the order of vacation to be entered as afore- 
 said ; whereupon said county superintendent shall proceed 
 in selling- said lands in all respects as if no former valuation 
 had been made: Provided, that the second valuation may no petition 
 be made by the trustees of schools, without petition, as pro- required, 
 vided in this act. 
 
 § 93. Upon the completion of every sale by the pur- Certificate of 
 chaser, the county superintendent shall enter the same on P urchase - 
 book B, and shall deliver to the purchaser a certificate of 
 purchase, stating therein the name and residence of the 
 purchaser, describing the land and the price paid therefor; 
 which certficate 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 sales, 
 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 be 
 separate. 
 
 Third — Statements copied from his loan book (book 0), 
 showing all the facts in regard to loans which are required 
 to be stated on the loan book. 
 
 All of which the county board shall thereupon examine Duties of the 
 and compare with the vouchers. And the said county 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 
 contained .shall be construed to exempt the securities of said not 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 
 aforesaid, transmit to the auditor of public accounts a full 8en oau ltQ1 
 and exact transcript, from book B, of all the sales made 
 v 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 
 
46 
 
 Certificate to 
 be filed. 
 
 Evidence of 
 sale. 
 
 Duplicates 
 of certificates 
 or patents. 
 
 Acts repealed. 
 
 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 
 heirs or assigns, upon the return of the original certificate 
 of purchase $ which certificate, when returned, shall be filed 
 and preserved by the county superintendent $ and all such 
 patents, heretofore or hereafter so issued by the state for 
 school lands, or duly certified copies thereof from any record 
 legally made, shall, after the lapse of ten years from the 
 date of such patent, and such sale having been acquiesced 
 in for ten years by the inhabitants of the township in which 
 the land so conveyed may be situated, be conclusive 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. 
 
 § 97. Purchasers of common school lands, and their 
 heirs and assigns, may obtain duplicate copies of their cer- 
 tificates of purchase and of patents, upon filing affidavit 
 with the county superin ten dent 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. 
 
 § 98. “ An act to establish and maintain a system of free 
 
 schools, 7 ’ approved February 16, 1857 ; “An act to estab- 
 lish and maintain a system of free schools, 77 approved Feb- 
 ruary 22, 1861 $ “An act to establish and maintain a system 
 of free schools in the state of Illinois, 77 approved February 
 16, 1865 j An act to amend an act entitled ‘an act to estab- 
 lish and maintain a system of free schools in the state of 4 
 Illinois, 7 approved February 16, 1865, 77 approved February 
 28, 1867 : “An act to amend the school law, 77 approved 
 March 30, 1869 ; “An act relating to assessments and taxa- 
 tion in school districts, 77 approved March 29, 1869 $ “An 
 act concerning reports of school officers and of incorporated 
 institutions of learning, 77 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. 
 
 STATE NORMAL UNIVERSITIES. 
 
 AN ACT for the establishment and maintenance of a Normal University. 
 
 In force Feb. 
 
 Section 1. Be it enacted by the People of the State of 
 Illinois , represented in the General Assembly , That 0. B. De- 
 nio, of Jo Daviess county, Simeon Wright, of Lee county, 
 Daniel Wilkins, of McLean county, 0. E. Hovey, of Peoria 
 county, George P. Iiex, of Pike county, Samuel W. Moul- 
 ton, of Shelby county, John Gillespie, of Jasper county, 
 George Bunsen , of St. Glair 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 B. Shan- 
 non, of White county, and the superintendent of public in- 
 struction, ex-officio , 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 Education of the State of Illinois,” and by that 
 name and style shall have perpetual succession, and have 
 power to contract and be contracted with, to sue and be 
 sued, to plead and be impleaded, to acquire, hold and con- 
 vey real and personal property $ to have and use a common 
 seal, and to alter the same at pleasure ; to make and estab- 
 lish by-laws, and alter or repeal the same as they shall 
 deem necessary for the government of the normal univer- 
 sity hereby authorized to be established, or any of its 
 departments, officers, students or employees, not in couflict 
 with the constitution and laws of this State, or of the United 
 States ; and to have and exercise all powers, and be sub- 
 ject to all duties usual and incident to trustees of corpora- 
 tions. 
 
 18 , 1850 . 
 
 Corporators, 
 
 Style. 
 
 Gen’l powers 
 
 § 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 Su P erintend,t 
 condition and expenditures of said normal university, and 
 communicate such further information as the said board of 
 education or the legislature may direct. 
 
48 
 
 Members not § 3. No member of tbe board of education shall receive 
 to receive any compensation for attendance on the meetings of the 
 compensation. | )00r( j exce pt 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 shull be 
 university. 0 * 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 education, in 
 the elements of the natural sciences, including agricultural 
 chemistry, animal and vegetable physiologj 7 , in the funda- 
 mental laws of the United States and the state of Illinois, 
 in regard to the rights and duties of citizens, and such other 
 studies as the board of education may, from time to time, 
 prescribe. 
 
 § 5. The board of education shall hold its first meeting 
 meeting °of the office of the superintendent of public instruction, 
 board of edu- on the first Tuesday in May next, at which meeting they 
 shall appoint an agent, fixing his compensation, who shall 
 visit the cities, villages and other places in the state which 
 may be deemed eligible for the purpose, to receive donations 
 and proposals for the establishment and maintenance of 
 the Normal University. The board shall have power, and 
 it shall be their duty, to fix the permanent location of said 
 Normal University at the place where the most favorable 
 inducements are offered for that purpose : Provided , that 
 such location shall not be difficult of access, or detrimental 
 to the welfare and prosperity of said normal university. 
 
 § 6. The board of education shall appoint a principal, 
 principal* 1 and lecturer on scientific subjects, instructors and instructresses, 
 lecturer. 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 days’ 
 notice of any charge, which may be dul}' presented, and 
 reasonable opportunity for defense. They shall also pre- 
 Text books. 8cr j\) e tp e 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 
 Provide aux- when deemed practicable: Provided, that such auxiliary 
 lhary. 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 
 entJtiedt? 7 gratuitous instruction for one pupil in said normal univer- 
 gratuitous in- sity; and each representative district shall be entitled togra- 
 pupi£!° n for tuitous instruction for a number of pupils equal to the num- 
 ber 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 
 
49 
 
 for admission in said normal university, and shall present Application °f 
 the same to the county court, or, in counties acting under pupis ’ 
 township organization, to the board of supervisors, as the 
 case may be; shall, together with the county superinten- 
 dent, examine all applicants so presented in such a manner 
 as the board of education may direct, and from the num- 
 ber of such as shall be found to possess the requisiie quali- 
 fications, such pupils shall be selected by lot; and in repre- selected by 
 sen tative districts composed of more than one county, the lot. 
 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 
 requisite 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 me declaration 
 does not sign and file with the secretary of the board a 
 declaration that he or she will teach in the public schools 
 within the state, in case that engagements can be secured 
 by reasonable efforts, to require such candidate to provide 
 for the payment of such fees for tuition as the board may 
 prescribe. 
 
 § 8. The interest of the university and seminary fund, ti £ ppropria " 
 or such part thereof as may be found necessary, shall be 1 n> 
 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 to the purchase of sites, or for buildings for said uni- 
 versity. 
 
 § 9. The board shall have power to appropriate the one 
 thousand dollars received from the Messrs. Merriam, of 
 Springfield, Massachusetts, by the late superintendent, to 
 the purchase of apparatus for the use of the normal uni- 
 versity, when established ; and hereafter, all gifts, grants 
 and demises which may be made to the said normal univer- 
 sity shall be applied in accordance with the wishes of the 
 donors of the same. 
 
 § 10. The board of corporators herein named, and their Term 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, so that 
 one-third shall hold their office for two years, one-third for 
 four years, and one-third for six years. The governor, by 
 and with the advice and consent of the senate, shall fill all how fllied? s : 
 vacancies which shall at any time occur in said board, by 
 appointment of suitable persons to fill the same. 
 
 § 11. At the first meeting of the board, and at each Elect presi- 
 biennial meeting thereafter, it shall be the duty of said dent - 
 board to elect one of their number president, who shall 
 — 5 
 
50 
 
 serve until the next biennial meeting of tlie board, and un- 
 til his successor is elected. 
 
 Appointment § 12. At each biennial meeting it shall be the duty of 
 of treasurer, xxie board to appoint a treasurer, who shall not be a mem- 
 ber of the bo # ard, and who shall give bond, with such secu- 
 rity as the board may direct, conditioned for the faithful 
 discharge of the duties [of] his office. 
 
 § 13. This act shall take effect on and after is 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 corporate is hereby created by the name of the 
 Name. Southern Illinois Normal University, to have perpetual 
 succession, with power to contract and be contracted with, 
 to sue and be sued, to plead and be impleaded, to receive, 
 General pow- by any legal mode of transfer or conveyance, property of 
 ers any description, and to have, hold and enjoy the same, with 
 
 the rents and x>rofits thereof, and to sell and convey the 
 same ; also, to make and use a v corporate seal, with power 
 to break or change the same, and to adopt by-laws, rules 
 and regulations for the government of its members, officers, 
 Proviso. agents and employees : Provided , such by-laws shall not 
 conflict with the constitution of the United States or of this 
 state. 
 
 Objects. § 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 s^i- 
 ences, including agricultural chemistry, animal and 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. 
 
51 
 
 § 3. The powers of the said corporation shall be vested Powers vested 
 in and its duties performed by a board of trustees, not ex- m trustees - 
 ceeding live in number, to be appointed as hereinafter pro- 
 vided. 
 
 § 4. Upon the passage of this act the governor shall A Pf°rus™es t 
 nominate and, by and with the advice of the senate, ap- ° r 
 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 
 lik manner for four years : Provided , That in case of,a va- 
 cancy by death or otherwise, the governor shall appoint a 
 successor for the remainder of the term vacated : Provided , 
 
 That not more than two members of said board shall be 
 residents of any one county. 
 
 § 5. The said trustees shall hold their first meeting at 
 Centralia, within one month after the passage of this act, 
 at which meeting they shall elect one of their body as presi- 
 dent and another as secretary • and cause a regular record 
 to be made and kept of all their proceedings. The said 
 board shall also, whenever his services shall be required, 
 appoint a treasurer not a member of the board, who shall Appointment 
 give bonds to the people of the state of Illinois in double of treasurer, 
 the amount of the largest sum likely to come into his hands, 
 the penalty to be fixed by the board, conditioned for the 
 faithful discharge of his duties as treasurer, with two or 
 more securities ; the treasurer may also be required to exe- 
 cute bonds from time to time as the board may direct 
 
 § 6. The treasurer shall keep an accurate account of all Duties of 
 moneys received and paid out ; the account for articles and treasurer - 
 supplies of every kind purchased shall be kept and re- 
 ported, so as to show the kind, quantity and cost thereof. 
 
 § 7, No member, officer, agent or employee of the board Contracts, 
 shall be a party to or interested in any contract for mate- 
 rials, sup}) lies or services other than such as pertain to their 
 positions and duties. 
 
 § 8. Accounts of this institution shall be stated and Accounts, 
 settled annually with the auditor of public accounts, or with 
 such person or persons as may be designated by law for 
 that purpose. And the trustees shall, ten days previous to 
 each regular session of the general assembly, submit to 
 the governor a report of all their actions and proceedings in Reports, 
 the execution of their trust, with a statement ot all ac- 
 counts connected therewith, to be by the governor laid 
 before the general assembly. 
 
 § 9. The said board shall meet quarterly at such places Meet quar- 
 or place as may be agreed on, and, until the buildings are ter] y- 
 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 from points situated as hereinafter 
 
52 
 
 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 
 Limits. conditions. The land shall be selected south of the rail- 
 road, or within six miles north of said road, passing from 
 St. Louis to Terre Haute, known as the Alton and Terre 
 Haute railroad, with a view of obtaining a good supply of 
 water and other conveniences for the use of the institution. 
 binidnigs 11 ° f § 11- Upon the selection and securing of the land afore- 
 said, the trustees shall proceed to contract for the erection 
 of buildings in which to furnish educational facilities for 
 such number of students as hereinafter provided for, together 
 with the out-houses required for use, also for the improve- 
 ment of the land so as to make it available for the use of 
 Construction, the institution. The buildings shall not be more than two 
 stories in height, and be constructed upon the mos # t approved 
 plan for use, shall front to the east, and shall be of sufficient 
 capacity to accommodate not exceeding three hundred stu- 
 dents, with the officers and necessary attendants. The 
 outside walls to be of hewn stone or brick, partition walls of 
 brick, roofs of slate, and the whole buildings made fire- 
 proof, and so constructed as to be warmed in the most healthy 
 and economical manner, with ample ventilation in all its 
 parts. The out-houses shall be so placed and constructed 
 as to avoid all danger to the main buildings from fire origi- 
 nating in any one of them. The board shall appoint an 
 honest, competent superintendent of the buildings and im- 
 provements aforesaid, whose duty it shall be to be always 
 present during the progress of the work, and see that every 
 stone, brick, and piece of timber used is sound and properly 
 placed, and whose right it shall be to require contractors and 
 their imployees to conform to his directions in executing 
 Proviso. their contracts : Provided , hoivever , 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. 
 
 instructors. g 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 
 which may be duly presented, and reasonable opportunity 
 Text-Looks. 0 f d e f ence . They shall also prescribe the text-books, appa- 
 ratus and furniture to be used in the university and provide 
 the same, and shall make all regulations necessary for its 
 management. 
 
 Each county § 13. All the counties shall be entitled to gratuitous 
 pupfis 11 gratu- instruction for two pupils fof each county in said normal 
 itousiy. university, aud each representative district shall be entitled 
 
INDEX. 
 
 y 
 
 PAGE. 
 
 Powers of directors — 
 
 in levying taxes - 17 
 
 , in borrowing money 19 
 
 in maintenance of schools 19 
 
 President of board of trustees — 
 
 to hold for one year 10 
 
 pro tem may be chosen 10 
 
 to execuce conveyances 14 
 
 of board of directors 16 
 
 process to be served on 20 
 
 to sign orders 20 
 
 Procedure in dividing property. 12 
 
 Proceedings, official to be recorded 10, 16 
 
 record of, open to inspection 10 
 
 of directors, treasurer to examine record. . 16 
 
 Property of districts, division of 12 
 
 when made 12 
 
 rules concerning 12 
 
 debts to be deducted 12 
 
 limitation as to time 12 
 
 penalty for failure 12 
 
 to be accounted for 24 
 
 Pupils, transfer of 13 
 
 assigning of 20 
 
 suspension and expulsion of 20 
 
 attendance of 23 
 
 age of, to J)e noted 23 
 
 Purchasers of school land — 
 
 may borrow bid 43 
 
 requirements of. 44 
 
 failure of to make payment 44 
 
 to pay difference 44 
 
 te receive certificate 44 
 
 to receive patents 45 
 
 may have duplicate of certificate of pat- 
 ent 46 
 
 Qualifications for office, of trustee 8, 17 
 
 of directors 17 
 
 of township treasurer 10 
 
 of voters 9 
 
 of teachers 21 
 
 how determined 21 
 
 certificates of 21 
 
 required 22 
 
 Quorum, of trustees 10 
 
 of directors 19 
 
 Rate of interest, on schedules 25 
 
 on townshij) funds f ... 27 
 
 penal 28 
 
 to be paid by state 30 
 
 of district taxes 17 
 
 to be uniform 18 
 
 of state tax 30 
 
 Real estate, may be taken for debt 7 
 
 may be sold 7 
 
 trustees may purchase 15 
 
 trustees may sell 15 
 
 manner of sale of. 15 
 
 securety for loans 6, 27, 43 
 
 of school officers holdcn 32 
 
 Receipts, treasurer to take 30 
 
 Records, to be kept by county superintend- 
 ent : . 4 
 
 of trustees . 10 
 
 copy of certain, filed with county clerk. .. 13 
 
 of directors *. 16 
 
 to be submitted to treasurer 16 
 
 of teachers’ certificates 21 
 
 form of. 22 
 
 transcript, sent to superintendent 22 
 
 of treasurer 26 
 
 of land sales 44 
 
 Recovery of amount paid to secure statistics.. 6 
 
 action for, of interest 28 
 
 ou bond of treasurer 28 
 
 from trustees 32 
 
 from school officers 33 
 
 Relinquishment of special school acts 37 
 
 Removal of county superintendent 5 
 
 of treasurer 10, 14 
 
 of teachers 19 
 
 PAGE. 
 
 Removal of directors 32 
 
 from district or township, effect of 16 
 
 Repeal of former acts 46 
 
 Reports, of county superintendents 5 
 
 penalty for failure to make 5 
 
 of examination 5 
 
 of land sales 45 
 
 of trustees to county superintendent 14 
 
 time of, penalty for failure 14 
 
 separate when 13 
 
 of directors — 
 
 to township treasurer 16 
 
 to voters 16 
 
 of receipts and expenditures 16 
 
 of illiteracy 16 
 
 of uncollected taxes - 18 
 
 of treasurer, to trustees 18 
 
 to directors 28 
 
 of school officers, failure to make 32 
 
 Report of state superintendent — 
 
 made to governor 2 
 
 when made 2 
 
 items of. 2 
 
 to be laid before general assembly 2 
 
 Reports, of towns and cities 34 
 
 of institutions of learning 34 
 
 of tines and forfeitures 41 
 
 Rules and regulations — 
 
 state superintendent to make 2 
 
 of schools, made by directors 20 
 
 boards of education may make 37 
 
 Salary of state superintendent 3 
 
 Sale of real estate 7 
 
 in hands of trustees 15 
 
 to be made at auction 15 
 
 not to defeat lien — 
 
 of school houses 14 
 
 manner of. 14 
 
 of school lands 42, 43 
 
 when to be made in fractional townships 42 
 
 Schedules, teachers to keep 23 
 
 form of. 23 
 
 how made 23 
 
 certificates of 24 
 
 disposal of, 13,24 
 
 a condition of payment separate, when re- 
 quired 13, 23 
 
 duties of treasurer as to 13 
 
 limited to six months 24 
 
 time of return of 24 
 
 payable monthly 24 
 
 unpaid balances, draw interest 24 
 
 Scholars, limits of age of 19 
 
 schedules to be kept 23 
 
 from two or more districts 23 
 
 ago of to be noted 23 
 
 School books. See “Text.” 
 
 apparatus and furniture 33 
 
 interest of school officers in 33 
 
 liability and penalty 33 
 
 School directors. See “Directors.” 
 
 School elections. See “Elections.” 
 
 School funds — 
 
 county 6, 29 
 
 township. See “Township.” 29 
 
 apportionment. See “Apportionment.” 
 
 withholding of 3 
 
 division of 12 
 
 forfeiture of public 13 
 
 custodian of 14 
 
 condition of payment 22 
 
 provisions for loaning 6, 27 
 
 payment of, orders 30 
 
 state, what r 31 
 
 auditor’s warrants for 31 
 
 liability of custodians 32 
 
 responsibility for loss of 34 
 
 perversion of 34 
 
 suits for recovery of, costs 35 
 
 fines and forfeitures, paid to 41 
 
 School grants, may be received 15 
 
VI 
 
 INDEX. 
 
 PAGE. 
 
 School houses— 
 
 title in board of trustees 15 
 
 control" in directors 15 
 
 use of, for meetings, etc 15 
 
 sale of 14 
 
 repairing and improving 17 
 
 erection of 19 
 
 limit of tax for 19 
 
 vote required for building 20 
 
 School lands — 
 
 16th section constitutes 40 
 
 management of 40 
 
 trespass upon 41 
 
 penalty, for trespass 41 
 
 penalty, how recovered 41 
 
 penalty, disposal of 41 
 
 sale of 42 
 
 when to be made in fractional township.. 42 
 
 petitions for sale of 42 
 
 plat of, valuation 42 
 
 maximum size of lots 43 
 
 division into lots, legalized 43 
 
 terms of selling 43 
 
 purchaser of may borrow hid. 43 
 
 place of selling 43 
 
 advertisement of. 43 
 
 hours of sale 43 
 
 manner of selling 43 
 
 continance of sale 43 
 
 not to be sold under valuation 43-4 
 
 may be sold at private sale 44 
 
 revaluation of, 44 
 
 certiticate of purchase of. 44 
 
 report of sales of 45 
 
 patent, to purchaser 45 
 
 School libraries 18 
 
 School lots. See “Sites.” 
 
 School month 24 
 
 Schooi officers, legal adviser of 3 
 
 exempted 32, 34 
 
 liable for using funds 33 
 
 may be imprisoned 32 
 
 lien on real estate of 32 
 
 responsible for losses 32 
 
 perversion of funds by 32 
 
 interest of in books, etc 32 
 
 in cities and towns 34, 35 
 
 School orders. See “Orders.” 
 
 School sites. See “sites.” 
 
 School tax, two mill 32 
 
 see “Taxes.” 
 
 School trustees. See “Trustees.” 
 
 School visitation 6, 20 
 
 Schools, supervision of. 2 
 
 high 14 
 
 support of 17 
 
 term of 19 
 
 management of 19 
 
 rights of all children in 19 
 
 branches of study m 19, 20 
 
 Sectarian purposes 34 
 
 perversion of funds to 34 
 
 Securities — 
 
 on bond of county superintendent 4 
 
 names to be recorded 4 
 
 on treasurer’s bond 5 
 
 trustees to examine 15 
 
 for loans 27 
 
 kind and amount of „ 27 
 
 payable to board 27 
 
 additional required 28 
 
 suit may be brought for 28 
 
 township, to be delivered to successor 30 
 
 liability of trustees as to 33 
 
 hound for claims against principals 33 
 
 for payment for school lands 43 
 
 of superintendent not exempted 45 
 
 Settlement, trustees may make 16 
 
 Sites; school house, title 16 
 
 sale of. 16 
 
 location of 20 
 
 changed by directors when 20 
 
 Sixteenth section, school land 40 
 
 sectious in lieu of 40 
 
 PAGE. 
 
 Special acts, not repealed 35 
 
 may be relinquished 37 
 
 State to pay interest 31 
 
 State’s attorneys, duty of 4i 
 
 to collect fines and forfeitures 41 
 
 to make report , 41 
 
 failure of, to pay 41 
 
 State certificates. . .' ^23 
 
 State funds 31 
 
 Statement, byytrustees — 
 
 to trustees, by township treasurer 29 
 
 to directors 29 
 
 of delinquent tax 19 
 
 of count,) superintendent to county board. 45 
 
 to be preserved and copied 45 
 
 State superintendent. See “Superintendent 
 public instruction.” 
 
 State tax ' 31 
 
 Statistics, county superintendent to procure. . — 
 
 directors to give ! . 17 
 
 state superintendent to designate 17 
 
 of cities and towns 35 
 
 Sufficiency of securities of treasurer 35 
 
 Suits, in name of county superintendent — 
 
 against treasurer 15 
 
 against collector , 20 
 
 directors may bring 20 
 
 in name of board of trustees 27 
 
 treasurer to bring 28 
 
 for recovery of interest 28 
 
 maybe brought, how 29 
 
 against county collector 31 
 
 against schooi officers 33 
 
 payment of costs in 34 
 
 against trespassers 41 
 
 against purchaser of school lands 44 
 
 Superintendent of public instruction 1, 3 
 
 time of election of. 1 
 
 term of office 1 
 
 oath of office 1 
 
 bond of. penalty and conditions 1 
 
 office, where to be kept 1 
 
 to preserve papers and documents 1 
 
 pay over moneys 2 
 
 counsel and advice 2 
 
 have supervision 2 
 
 make report to governor 2 
 
 time of report 2 
 
 items of report 2 
 
 to make rules and regulations 2 
 
 legal adviser of school officers 3 
 
 may cause funds to be withheld 3 
 
 salary of, to be fixed by law 3 
 
 contingent expenses of office 3 
 
 may remit forfeiture _ 15 
 
 Sureties. See ‘ Securities.” 
 
 Surplus funds, how used 18 
 
 Suspension, of pupils 20 
 
 directors not liable for 20 
 
 Taxes, school, computed — 
 
 maximum of 18 
 
 on equalized valuation 19 
 
 collection of. 19 
 
 collector to pay to treasurer 19 
 
 ‘shall be uniform 19 
 
 not to exceed amount certified 19 
 
 county clerk to compute 19 
 
 failure of collector to pay 19 
 
 for building purposes 20,21 
 
 in satisfaction of judgments 20 
 
 Teachers 21, 23 
 
 appointment of. 20 
 
 may be dismissed 20 
 
 qualifications required for 21 
 
 licensure of 21 
 
 to be examined ., 21 
 
 liy whom examined 21 
 
 conditions of payment of 22 
 
 must have certificate 22 
 
 must keep schediile 22 
 
 must account for property 22 
 
 to keep schedules in from 23 
 
INDEX. 
 
 YII 
 
 PAGE. 
 
 Teachers, to certify schedules 24 
 
 to deliver schedule to directors 24 
 
 cannot be paid without 24 
 
 to keep separate schedules, when 23 
 
 unpaid balances due 25 
 
 not to teach on holidays 25 
 
 Term of office— 
 
 of state superintendent 1 
 
 county superintendent 3 
 
 trustees 8 
 
 directors 16, 17 
 
 township treasurer 10 
 
 boards of education 35 
 
 school, limits of 18 
 
 Terms of loaning funds 26 
 
 of sale of school lands 43 
 
 Tie vote, judges to decide 9 
 
 by lot, on day of election 17 
 
 Time of apportionment — 
 
 by county superintendent 5 
 
 by trustees 13 
 
 by auditor 32 
 
 Time, of election, of state superintendent 1 
 
 of county superintendent 3 
 
 of township trustees 8, 9 
 
 of school directors 16 
 
 for return of poll hook 9 
 
 of trustee meeting 10 
 
 of division of funds 12 
 
 of division of property 12 
 
 limits of for appraisal. . . 12 
 
 of filing map 13 
 
 return of tax certificate 18 
 
 for payment by collector 18 
 
 for payment of warrant 32 
 
 for examinations of teachers 23 
 
 for return of schedules 24 
 
 limit of in loaning money 27 
 
 of report of state superintendent 2 
 
 of county superintendent 5 
 
 of township trustees 14 
 
 of directors 17 
 
 of treasurers to trustees 29 
 
 of cities and towns 34 
 
 of institutions of learning 34 
 
 of fines and forfeitures 41 
 
 of county superintendent to county 
 
 board 45 
 
 Title, in county superintendent 7 
 
 to school houses and lots 15 
 
 to real estate 15 
 
 to school lands 45 
 
 Town meeting, stated — 
 
 election of trustees at 9 
 
 officers, to make returns 10 
 
 to make reports 34 
 
 Towns and cities 34, 39 
 
 special acts of, not repealed 34 
 
 statistical report of 34 
 
 failure to report 34 
 
 boards of education 35 
 
 Township apportionment to school, defined. . .5, 7 
 
 business to be done by trustees 7 
 
 fractional, may unite with adjacent .. 7 , 42 
 
 new to be districted ’ll 
 
 map of 13 
 
 union of, to have hffih school 14 
 
 regarded as a school district 14 
 
 forfeiture by 14 
 
 divided by county lines 15 
 
 funds of. 26, 29, 30 
 
 fractional, school section of 40 
 
 lands in, how sold 42 
 
 Transfer, of pupils 13 
 
 permits required 13 
 
 Treasurer, township — 
 
 bond of, filed with county superintendent. 5 
 
 to recept to county superintendent 5 
 
 to receive state funds 5 
 
 to call trustee elections 8 
 
 appointed by board 10 
 
 must be a resident 10 
 
 not to be director or trustee 10 
 
 t» be clerk of board 10 
 
 PAGE. 
 
 Treasurer, township — 
 
 to hold for one year 10 
 
 apportionment of funds to J3 
 
 to pay on -district orders 13 
 
 duties of as to separate schedules 13 
 
 books and accounts of to be examined 15 
 
 avails of sale to be paid to 15 
 
 only legal custodian 15 
 
 trustees may remove 15 
 
 trustees may sue 15 
 
 to call elections in new districts 16 
 
 also when directors fail to do so 16 
 
 to inspect district records 17 
 
 to file poll books, etc 17 
 
 to return tax certificate 18 
 
 to file map 18 
 
 to receipt to collector 19 
 
 to enter taxes in proper book 19 
 
 to proceed, against collector 20 
 
 not legal to pay teacher when 24 
 
 to allow interest on schedules 24 
 
 must execute bond 25 
 
 form of bond of 25 
 
 conditions of bond of 25 
 
 to keep iKomn'iii and records 26 
 
 to loan moneys, terms, etc 26 
 
 suit for additional security 28 
 
 to have debts due township probated 28 
 
 to bring suit 27 
 
 may sue for interest only 28 
 
 custodian 29 
 
 to keep township fund loaned 29 
 
 fiscal statement of to trustees 29 
 
 to settle with directors, when 29 
 
 liable for non-performance 29 
 
 to turn over property 30 
 
 representatives of 30 
 
 penalty for failure 30 
 
 in case of death of 30 
 
 to take and file receipt 31 
 
 to file orders of directors 31 
 
 compensation of 32 
 
 liabilities of 31 
 
 real estate of, held 32 
 
 responsible for losses 33 
 
 to hold funds of boards of education 37 
 
 Trees, cutting of on school lands 37 
 
 Trespass on school 37 
 
 penalty for 37 
 
 Trespasser liable to fine 37 
 
 liable to commitment 37 
 
 Trustees of schools may resell real estate 7 
 
 to ha ve corporate powers 7 
 
 designation of 7 
 
 term of office 7 
 
 eligibility of 8 
 
 time and manner of election 8, 9 
 
 election of, how ordered . „ 8 
 
 election, time of 8 
 
 election may be postponed 8 
 
 election, county superintendent to order, 
 
 when 8 
 
 election, judges of 8 
 
 election, conduct of 9 
 
 election at town meeting, when 9 
 
 election qualification of voters at 9 
 
 election in case of tie 9 
 
 election to fill vacancies 9 
 
 election returns, when and how made 8 
 
 penalty for failure 9 
 
 successors to trustees of school lands 10 
 
 meetings of io 
 
 board of. how organized 10 
 
 to appoint treasurer io 
 
 to district townships, when 11 
 
 to prepare map li 
 
 to change district boundaries, when 12 
 
 to divide funds 11, 37 
 
 to appoint appraisers ’ll 
 
 to deduct debts from valuation 11 
 
 to distribute value of property within 30 
 days li 
 
Yin 
 
 INDEX. 
 
 PAGE. 
 
 Trustees — 
 
 liable for failure to distribute funds and 
 
 property 12 
 
 to apportion school funds, when and how. 13 
 
 to establish high schools, vhen 14 
 
 to provide for support thereof, how 14 
 
 of two townships may co-operate 14 
 
 to cause reports to be made 14 
 
 to make seperate reports, when 14 
 
 to examine books and effects 15 
 
 to provide for their security, etc 15 
 
 may receive gifts for school purposes 15 
 
 vested with title of school property 15 
 
 to sell and convey the same, when and 
 
 how 15 
 
 to cause moneys to be paid to treasurer. . . 15 
 
 to have power to remove treasurer 16 
 
 may purchase real estate 16 
 
 may sell real estate 16 
 
 must sell real estate at auction 16 
 
 may make settlements 16 
 
 shall not be interested in contracts 18 
 
 judgments and executions, against 20 
 
 to allow interest on schedules 25 
 
 to approve bond of treasurer 25 
 
 to file same with county sup't 25 
 
 when liable 28 
 
 to fix treasurer's pay 31 
 
 liable for treasurer’s securities 32 
 
 fine of. for false returns 32 
 
 fine for neglect of duty 32 
 
 liable for losses 33 
 
 liable for perversion of funds 33 
 
 liable for interest in books, etc 33 
 
 to redistrict 37 
 
 PAGE. 
 
 Trustees — 
 
 may bring suit for trespass 41 
 
 to plat school land 43 
 
 to fix value of lots 43 
 
 to deliver plat to county sup’t 43 
 
 may direct a place of sale 43 
 
 may make second valuation 44 
 
 Use of school houses 15 
 
 personal of public funds 31 
 
 Validity of state certificates 22 
 
 Valuation of district property 12 
 
 of school lands 42 
 
 second may be made 44 
 
 Value of improvements 28 
 
 Vote of people required 20 
 
 Voters, qualifications of 9 
 
 may determine studies 22 
 
 Vacancies, in office — 
 
 of county superintendent 4 
 
 of trustees 8, 9 
 
 in civil towns 8 
 
 of directors 16 
 
 of board of education 40 
 
 Warrants, school — 
 
 state auditor to issue 35 
 
 county superintendent to receive 30 
 
 county collector to pay, when 31 
 
 how returned 31 
 
 refusal to pay, penalty 31 
 
INDEX TO APPENDIX 
 
 PAGE. 
 
 Appointment of teachers and officers 48 
 
 Auxiliary Institutions 48 
 
 Applicants selected by lot 49 
 
 Appropriation for University 49 
 
 Appointment of treasurer 50 
 
 ‘ ‘ of trustees 51 
 
 Accounts how settled 51 
 
 Auditor to issue warrants 53 
 
 Board of education . 47 
 
 Buildings to be only of two stories 52 
 
 Bonds to be given by women 56 
 
 Corporators 47 
 
 Compensation of members 48 
 
 Construction of buildings 52 
 
 County normal schools 54 
 
 County court may establish 54 
 
 Control of county normal schools 54 
 
 County board of education 54 
 
 “ “to make report 55 
 
 Colored children rights of 56 
 
 Declaration to be filed 49 
 
 “ of objects 50 
 
 Duties of treasurer 51 
 
 Discretionary power of trustees 53 
 
 Examination of applicants 49 
 
 Election of president 49 
 
 Erection of buildings 52 
 
 Each county to send two pupils 52 
 
 Expenses a charge on state treasury 53 
 
 1 ‘ of trustees 54 
 
 Election of county board of education 55 
 
 Eligibility of women to school offices 56 
 
 Exclusion of colored children prohibited 56 
 
 Funds appropriated for buildings 53 
 
 “ how and when paid 53 
 
 Fined for excluding 56 
 
 PAGE. 
 
 Fined for threats or menace 56 
 
 General powers 47 
 
 Gratuitous instruction 48 
 
 Instructors and instructresses 52 
 
 Instruction, to be gratuitous 52 
 
 Location of university 51 
 
 Limits of location 52 
 
 Legalization of normal schools 55 
 
 Liable for menace or intimidation 56 
 
 Members not to be interested in contracts 51 
 
 Meetings to be quarterly 51 
 
 Mode of construction 52 
 
 Materials to be used 52 
 
 Manner of choosing pupils 53 
 
 Menace or intimidation 56 
 
 Number of pupils entitled to attend 53 
 
 Not entitled to compensation 55 
 
 No exclusion on account of color 56 
 
 Objects of university 48, 50 
 
 Power to locate ♦. 48 
 
 Powers of corporation 50 
 
 Powers vested in trustees 51 
 
 Proposals for location 51 
 
 Power of removal . 52 
 
 Prescription of text books 1 52 
 
 Powers of county board of education 55 
 
 Penalty for exclusion 56 
 
 —6 
 

 X 
 
 Qualifications of women as school officers. 
 
 Report to be made 
 
 Rights of colored children. 
 
 State Normal University 
 
 State superintendent to be secretary. 
 Southern Illinois Normal University. 
 
 Superintendent of buildings 
 
 School officers — women may be 
 
 Time of meeting 
 
 Text books and apparatus. 
 
 12 062006603 
 
 INDEX. 
 
 PAGE. 
 ... 56 
 
 47 
 
 47 
 
 50 
 
 52 
 
 56 
 
 * PAGE. 
 
 Term of office 49 
 
 “ to be fixed by lot 49 
 
 Treasurer to give bonds 51 
 
 Taxes for county normal schools.. 54 
 
 Two counties may unite 55 
 
 Threats, menace or intimidation 56 
 
 Vacancies— how filled 49 
 
 Vote on county normal school 54 
 
 Warrants to be issued by auditor 53 
 
 Women as school officers 56 
 
 ‘ ‘ to give bond 56